Meeting Summary
Better Regulation
The Commission published its Better Regulation Package
on 19 May 2015. It comprises (a) an overarching Communication,
(b) the second annual scorecard of progress on the pre-existing
Commission Regulatory Fitness and Performance Programme (REFIT),
designed to make EU law simpler and to reduce regulatory costs,
(c) Commission internal Better Regulation Guidelines, (d) a proposal
for an Interinstitutional Agreement on Better Regulation, which
has annexed to it (e) a proposal for a Common Understanding on
Delegated Acts.
In recommending the package for debate in European
Committee C, we welcome the initiative but stress the vital importance
of high quality, evidence based EU legislation and the need for
the good intentions expressed in these documents to be put into
practice. We seek further information from the Ministers who submitted
Explanatory Memoranda (the Minister for Europe (the Rt Hon David
Lidington) and the Minister of State for Small Business, Industry
and Enterprise (the Rt Hon Anna Soubry)) as to how the package
might be strengthened, the steps that might be taken to ensure
it is rigorously applied, and the extent to which it represents
a power grab by the Commission.
We note, and are exploring with the Minister for
Europe, the implications of the package for scrutiny of EU legislation
by Parliament; and the implications for the use of the delegated
legislation procedure for EU subordinate legislation.
The EU and the post-2015 development agenda
This Commission Communication, A Global Partnership
for Poverty Eradication and Sustainable Development after 2015,
sets out the Commission's views on the delivery of a new global
partnership for poverty eradication and sustainable development
after 2015, the principles that should underpin the partnership
and the components needed to implement the post-2015 agenda. It
also puts forward specific proposals on possible contributions
by the EU and its Member States. The Communication does not assuage
widespread concerns that Sustainable Development Goals (SDG's)
for post 2015, due to be agreed at the UN in September (after
the UN General Assembly), are more numerous, complex and challenging
to implement than their predecessors, the Millennium Development
Goals. There is also concern that the financial costs of the new
SDGs would massively exceed the current development aid budget.
Given the importance of these developments we draw the document
to the attention of the International Development Committee, and
recommend that it is debated in European Committee B.
EU General Budgets for 2015 and 2016
We consider a Draft Budget, which sets out the Commission's
proposals for EU expenditure in 2016, and four related documents.
This is the first stage in preparation and negotiation of the
2016 Budget. In its Draft Budget, the Commission proposes commitment
appropriations of €153,529.5 million (£110,387.7 million),
which represents 1.04% of EU Gross National Income (GNI). For
payment appropriations, the Commission proposes €143,541.5
million (£103,206.3 million), or 0.98% of EU GNI. In accordance
with the custom of our predecessors we have recommended that these
documents be debated in European Committee B before the Council
finalises its first reading of the Draft Budget, which we understand
will be in September. We have suggested that amongst the matters
Members may wish to explore during the debate are the degree of
support the Government is receiving from other Member States for
a disciplined approach to next year's EU Budget; the significance
for budgetary discipline of the proposed mobilisation of the EU
Solidarity Fund and the Flexibility Instrument; and the consequences
of the Draft Budget for budget lines from which the UK particularly
benefits.
Economic and Monetary Union
We consider a report presented by the Commission
President suggesting, in cooperation with the Presidents of the
European Council, the Eurogroup, the European Central Bank and
the European Parliament, measures to improve the Economic and
Monetary Union, under four key pillars: towards Economic Union;
towards Financial Union; towards Fiscal Union; and democratic
accountability, legitimacy, and institutional strengthening; which
could be implemented in three stages. The Presidents make clear
that their report "focuses on the euro area, as countries
that share a currency face specific common challenges, interests
and responsibilities". They also make clear that the process
towards deeper Economic and Monetary Union should be "transparent
and preserve the integrity of the Single Market in all its aspects".
Although this report is targeted primarily at the Eurozone, implementation
of its proposals will inevitably have implications for non-Eurozone
Member States, including in relation to democratic accountability
and legitimacy. So we have recommended that the document be debated
on the floor of the House, where Members may wish to examine the
potential implications for the UK. We also draw the document to
the attention of the Treasury Committee, particularly for the
suggestions for a Fiscal Union and a Financial Union.
Financial assistance for Greece
On 13 July Eurogroup Ministers agreed a new financial
support programme for Greece, to be financed in part from the
Eurozone's European Stability Mechanism. However, to avoid further
defaulting on some of its commitments, Greece needs bridging finance
until the new programme can be put into place and has applied
for assistance from the EU wide European Financial Stability Mechanism.
We have recommended for debate on the floor of the House three
documents responding to this situation: a Council Implementing
Decision granting Greece bridge financing from the European Financial
Stability Mechanism, which includes protection for the financial
interests of non-Eurozone Member States; a statement from the
Commission and the Council limiting future use of the European
Financial Stability Mechanism, and a Council Implementing Decision
approving the economic and financial adjustment programme submitted
by the Greek government.
European Agenda on Security
The EU agreed its first Internal Security Strategy
in 2010. In this Communication, the Commission sets out a new
European Agenda on Security for the period 2015-20. It
identifies three core priorities — terrorism, serious and
organised cross-border crime, and cybercrime — and proposes
a range of actions to address these and other new or evolving
security threats. The Government agrees with the strategic objectives
underpinning the Agenda and the emphasis placed on strengthening
cooperation between EU institutions and agencies, Member States
and national authorities. We seek some additional information
from the Government, for example on the role of national parliaments,
the degree of "mutual trust" between Member States (the
foundation for deeper operational cooperation), and possible UK
participation in a recently-established EU Internal Security Fund.
Given the scope and importance of the Communication in setting
a strategic direction for EU action, we draw it to the attention
of the Home Affairs Committee and recommend that it is debated
in European Committee B.
EU Charter of Fundamental Rights (the Charter)
The Charter became legally binding in 2009 and only
applies to Member States (including the UK) when acting "within
the scope of EU law". Each year the Commission publishes
an annual report on how the Charter has been applied by EU institutions
and national courts. This document is the 2014 report. It notes
the increasing legal prominence of the Charter both in proceedings
before the Court of Justice of the European Union (CJEU) and national
courts. It also identifies as a priority that the Commission should
update fundamental rights policies in the areas of security, the
digital agenda and migration. The previous Committee recommended
the 2013 report for debate on the floor of the House in February
but that debate was not organised by the previous Government before
dissolution. This week we confirm that debate recommendation,
and also recommend that it should include the 2014 annual report.
We request that the Secretary of State for Justice provides us
with further information in advance of the debate, including his
view of whether the Charter has been applied by UK courts in 2014-15
only to cases falling "within the scope of EU law",
and how that concept has been applied by the CJEU. As the 2014
report also addresses the stalled process of EU accession to the
European Convention on Human Rights, we ask the Minister for a
detailed update on progress on that initiative. We draw this chapter
to the attention of the Joint Committee on Human Rights and the
Justice and the Women and Equalities Committees.
Use of genetically modified food and feed
EU legislation provides for the cultivation and use
of genetically modified organisms (GMOs), and of food and feed
products containing them, to be authorised by the Commission.
However, any proposals are subject to a vote by Member States,
and, because of deep divisions among them, have invariably resulted
in "no opinion" being issued. This led to suggestions
that Member States should have greater freedom in this area, and
the Commission brought forward in 2010 a proposal enabling them
to restrict or prohibit the cultivation of authorised GMOs. Insofar
as the measure sought to return to Member States certain powers
exercised by the EU, it was welcomed in principle by the UK, although
it also had concerns that the emphasis on decisions of this kind
being based on scientific assessment could be undermined and an
unfortunate precedent set for other areas. Despite this, the UK
supported its subsequent adoption as Directive (EU) No. 2015/42.
As that measure applies only to the cultivation of
GMOs, the Commission has now proposed a draft Regulation giving
Member States the ability as well to restrict or prohibit the
use of authorised genetically modified food and feed. The Government
reiterates that, as a general rule, it would in principle welcome
Member States being given more discretion, but has again identified
a number of issues, including the consistency of the proposal
with the principle of science-based decision-making, and its potential
impact on trade in GM products, on which it will provide a supplementary
explanatory memorandum in due course.
We have observed that, although the issues identified
by the Government are similar to those which arose on the earlier
proposal, these did not prevent the UK from supporting the adoption
of Directive (EU) No. 2015/42, and we have said that we will therefore
await with interest the outcome of its consideration of this latest
proposal. We draw these documents to the attention of the Environmental
Audit, Environment, Food and Rural Affairs, and Science and Technology
Committees.
Outstanding debate recommendations
The Committee also considered the references of the
previous Committee of EU documents to European Committees still
outstanding at the end of the last Parliament. The sixteen
outstanding debate recommendations were as follows:
The free movement of EU citizens
European Union Document No. 16930/13, a Commission
Communication: Free movement of EU citizens and their families:
Five actions to make a difference.
Strategic Guidelines for EU Justice and Home Affairs
to 2020
European Union Documents No. 7838/14, a Commission
Communication: The EU Justice Agenda for 2020: Strengthening
Trust, Mobility and Growth within the Union, and No. 7844/14 and
Addendum, a Commission Communication: An open and secure Europe:
making it happen.
Rule of Law in EU Member States
European Union Document No. 7632/14 and Addendum,
a Commission Communication: A new EU Framework to strengthen the
Rule of Law.
Ports
European Union Document No. 10154/13 and Addenda
1 to 5, a draft Regulation establishing a framework on market
access to port services and financial transparency of ports.
EU Charter of Fundamental Rights
European Union Documents No. 9042/14 and Addenda
1 to 3, a Commission Report: 2013 Report on the application of
the EU Charter of Fundamental Rights.
The European Police College (Opt-In Decision)
European Union Documents No. 8230/1, a Commission
Communication: Establishing a European Law Enforcement Training
Scheme, No. 12013/14, Draft Regulation establishing a European
Union agency for law enforcement training (Cepol), repealing and
replacing Council Decision 2005/681/JHA.
Zero waste programme for Europe
European Union Document No 11592/14 and Addenda 1-3,
a Commission Communication: Towards a circular economy —
A zero waste programme for Europe.
European Defence: implementation road map
European Union Document No. 11358/14, a Commission
Report: A New Deal for European Defence: Implementation Roadmap
for Communication COM(2013)542; Towards a more competitive and
efficient defence and security sector.
EU Budget 2014
European Union Document No. 14442/14, a Draft Amending
Budget No. 6 to the General Budget for 2014: General statement
of revenue - Statement of expenditure by section: Section III
- Commission and Section VIII - European Ombudsman, and No. 15444/14,
a draft Regulation amending Regulation (EC, Euratom) No. 1150/2000
implementing Decision 2007/436/EC, Euratom on the system of the
European Communities' own resources.
Value added taxation
European Union Document No. 9926/12 and Addenda 1
and 2, a draft Council Directive amending Directive 2006/112/EC
on the common system of value added tax, as regards the treatment
of vouchers.
EU Strategy in Afghanistan 2014-16
European Union Document No. 9467/14, a Joint Communication
to the European Parliament and the Council: Elements for an EU
Strategy in Afghanistan 2014-16.
European Semester 2015
European Union Documents No. 6632/15, a Commission
Communication: 2015 European Semester: Assessment of growth challenges,
prevention and correction of macroeconomic imbalances, and results
of in-depth reviews under Regulation (EU) No. 1176/2011, and SWD(15)
47 , a Commission Staff Working Document: Country Report United
Kingdom 2015: Including an In-Depth Review on the prevention and
correction of macroeconomic imbalances.
Guidelines for economic and employment policies
European Union Document No. 6813/15, a draft Council
Recommendation on broad guidelines for the economic policies of
the Member States and the Union, and No. 6144/15 and Addendum,
a draft Council Decision on guidelines for the employment policies
of the Member States.
Female genital mutilation
European Union Document No. 17228/13, a Commission
Communication: Towards the elimination of female genital mutilation.
EU Merger Control
European Union Document No 11976/14 and Addenda 1-3,
a Commission White Paper: Towards more effective EU merger control.
International cooperation to combat match-fixing
European Union Documents No. 6720/15 and Addendum,
a draft Council Decision on the signing, on behalf of the European
Union, of the Council of Europe Convention on the manipulation
of sports competitions with regard to matters not related to substantive
criminal law and judicial cooperation in criminal matters, and
No. 6721/15 and Addendum, a draft Council Decision on the signing,
on behalf of the European Union, of the Council of Europe Convention
on the manipulation of sports competitions with regard to matters
related to substantive criminal law and judicial cooperation in
criminal matters.
The Committee agreed that all these debate recommendations
should stand except:
Strategic Guidelines for EU Justice and Home Affairs
to 2020
European Union Documents No. 7838/14, a Commission
Communication: The EU Justice Agenda for 2020: Strengthening
Trust, Mobility and Growth within the Union, and No. 7844/14 and
Addendum, a Commission Communication: An open and secure Europe:
making it happen.
The European Police College (Opt-In Decision)
European Union Documents No. 8230/1, a Commission
Communication: Establishing a European Law Enforcement Training
Scheme, No. 12013/14, Draft Regulation establishing a European
Union agency for law enforcement training (Cepol), repealing and
replacing Council Decision 2005/681/JHA.
EU Budget 2014
European Union Document No. 14442/14, a Draft Amending
Budget No. 6 to the General Budget for 2014: General statement
of revenue - Statement of expenditure by section: Section III
- Commission and Section VIII - European Ombudsman, and No. 15444/14,
a draft Regulation amending Regulation (EC, Euratom) No. 1150/2000
implementing Decision 2007/436/EC, Euratom on the system of the
European Communities' own resources.
European Semester 2015
European Union Documents No. 6632/15, a Commission
Communication: 2015 European Semester: Assessment of growth challenges,
prevention and correction of macroeconomic imbalances, and results
of in-depth reviews under Regulation (EU) No. 1176/2011, and SWD(15)
47 , a Commission Staff Working Document: Country Report United
Kingdom 2015: Including an In-Depth Review on the prevention and
correction of macroeconomic imbalances.
Guidelines for economic and employment policies
European Union Document No. 6813/15, a draft Council
Recommendation on broad guidelines for the economic policies of
the Member States and the Union, and No. 6144/15 and Addendum,
a draft Council Decision on guidelines for the employment policies
of the Member States.
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