Correspondence with Ministers October 2006 to April 2007 - European Union Committee Contents


COMMON AGRICULTURAL POLICY—MODULATION OF FUNDING FROM PILLARS 1 TO 2 (10014/06, 10016/06)

Letter from Lord Rooker, Minister for Sustainable Farming and Food, Department for Environmental, Food and Rural Affairs to the Chairman

  Further to your letter of 20 July 2006,[71] I wanted to give you a brief update on the progress of the above draft regulation following its consideration in Lords' Sub Committee D. I would also like to respond to your letter of the same day to Barry Gardiner[72] concerning rural development funding 2007-13, as the issues you raise in both of these letters are closely related.

  Taking modulation first, the proposal is currently subject to consultation procedure with the European Parliament. On 14 November, the Parliament voted in favour of rejecting the Commission's proposal outright. The Special Committee for Agriculture also discussed the draft voluntary modulation regulation on 14 November, and unanimously agreed that they remained supportive of the proposal as it implemented part of the December 2005 European Council agreement on future financing for 2007-13. We now expect the Commission to refer the proposal back to the Parliament who will allow the Agriculture Committee up to two further months to reconsider it. This means that it is unlikely that the opinion will be provided formally until January 2007 at the earliest.

  When the consultation procedure has been concluded, the dossier will be referred back to Agriculture Council for negotiation and adoption. Once the new voluntary modulation regulation has been formally adopted, the UK will be able to finalise rural development financing arrangements for 2007-13, including the rate of voluntary modulation and any domestic match-funding that will apply.

  I can assure you that in all discussions on this dossier at European level, the UK has objected to the aspect of the Commission's proposal which, contrary to the December 2005 Council conclusions, would require voluntary modulation funds to respect the minimum expenditure per axis rules governing other rural development funds. The UK has also made strong representations that voluntary modulation should continue to operate on a regional basis without a franchise applying as it currently does.

  Turning to other rural development funds and your letter to Barry Gardiner, as you know, proposal 10016/06 set overall rural development budgets and received legislative effect as Council decision 493 of 19 June 2006. This paved the way for the European Commission to prepare the detailed breakdown of this funding by Member State through Commission Decision 636 of 12 September 2006. This decision confirmed that the UK's allocation for 2007-13 from the European Agricultural Fund for Rural Development will be €1,909,574,420, approximately £1.3 billion.

  You raise a number of concerns in your letter to Barry Gardiner relating to the overall level of rural development support, balance between the two pillars of the CAP, the allocation of funds to Member States, and the levels of compulsory modulation. It is no secret that the UK is disappointed with the allocation methodology used by the Commission to share EAFRD funds amongst Member States. Equally, we had hoped that the December 2005 European Council would have agreed to increase rural development funding as a proportion of overall CAP spending, as this would have been consistent with the direction expressed in the joint Defra/Treasury Vision for the CAP. In the absence of this, it was of course crucial that the Council agreed the provisions which should allow the UK to continue to use the voluntary modulation mechanism in order to supplement its rural development spending.

  The UK Government hopes that the issues you have rightly highlighted will be addressed as part of the 2008-09 CAP healthcheck and subsequent EU budget review, both of which were important aspects of the 2005 budgetary agreement. Commissioner Fischer Boel has already indicated that she hopes to secure additional compulsory modulation as part of the health-check, and the UK is supportive of this notion. The health-check will provide a valuable opportunity for all Member States to debate the long-term future of the CAP, including the balance between the two pillars and distribution of funds to Member States.

29 November 2006


Letter from Lord Rooker to the Chairman

  I wrote to you on 29 November 2006 to provide you with an update on the progress of the draft European Council regulation on voluntary modulation of CAP payments, and undertook to keep you informed of developments.

  On 13 February 2007, the consultation procedure for this dossier with the European Parliament was concluded. Although the Parliament formally rejected the proposal, under the consultation procedure this allowed the dossier to be returned to Agriculture Council for negotiation and finalisation. The German Presidency issued a draft compromise version of the text on 2 March and a copy is enclosed with this letter. The Presidency's intention is that the proposal will be considered in the Agriculture Council on 19 March.

  The draft compromise text is significantly different from the version that was retained under scrutiny following consideration at a meeting of Sub-Committee D on 19 July 2006. Importantly, the compromise text recognises that special considerations are required for those Member States who have operated voluntary modulation in the past, principally (but not exclusively), the United Kingdom. Consequently, this version of the compromise text, if adopted, would permit the United Kingdom to operate voluntary modulation on a regional basis, with different rates allowable in England, Scotland, Wales and Northern Ireland. The new version of the text would also allow us to continue to operate voluntary modulation. without it being subject to the €5,000 franchise governing compulsory modulation. This would help us to keep the rate of voluntary modulation applied to a lower level than would otherwise be the case. You may recall that these issues concerning regionalisation and the franchise were two of the key UK concerns about this dossier highlighted in my Explanatory Memorandum of 14 June 2006, so these are welcome developments.

  The third concern expressed in the above-mentioned Explanatory Memorandum was that the regulation ignores the European Council conclusions with regards to the minimum expenditure per axis rules. There has been no change to this aspect of the regulation in the draft compromise text, so as drafted, 10% of voluntary modulation funds would have to be spent on Axis 1 measures, and 10% on Axis 3 measures.

  There are two further issues addressed in the compromise proposal. The first is an indication, in Article 1, that if there were to be any future increases in compulsory modulation, which applies across all Member States, then voluntary modulation would be reduced. The UK supports this approach, which also addresses one of the key concerns raised by the European Parliament.

  The second addition is a requirement on those Member States intending to apply voluntary modulation to demonstrate that they have made an assessment of its impact. Again, the UK is content with this requirement—we would in any case expect to provide a justification for our use of voluntary modulation.

  As you may be aware, discussions on voluntary modulation are still continuing with the European Parliament. Although the formal consultation procedure on this dossier has concluded, as a result of its objections to voluntary modulation, the European Parliament has held in reserve 20% of the 2007 budget for rural development. The Presidency is seeking a solution which would enable this reserve to be lifted. We are continuing to press for voluntary modulation to be settled as quickly as possible in a manner which provides the necessary flexibility we need in the UK.

  There is therefore no guarantee that the Presidency compromise text will not be subject to further change in the final stages of negotiation. It remains a possibility, however, that the proposal will be put to a vote at the Agriculture Council on 19 March. I should be grateful therefore if your Committee would now give us clearance on this proposal to enable the UK to reach the best deal possible in the Council. I shall, of course, report back on the Council's deliberations.

8 March 2007

Letter from the Chairman to Lord Rooker

  The above dossier was considered by Sub-Committee D at its meeting of 14 March 2007 on the basis of your letter of 8 March.

  In your letter of 29 November 2006 you emphasised that the UK Government had three priorities in the negotiations—to ensure that voluntary modulation can operate at the regional level; to ensure that it should continue to operate without the €5,000 franchise; and to avoid the imposition of "minimum expenditure per axis" rules.

  We understand from your letter that the Presidency Compromise has resolved the first two issues but not the third. We understand also that the Compromise is expected to receive the support of the Commission and all Member States. In addition, we understand that the European Parliament has been using its budgetary powers to oppose the Proposal but that the Parliament may well agree to a text restricting voluntary modulation to the UK and Portugal.

  We appreciate the importance of gaining agreement on this dossier, particularly as the right of Member States to apply voluntary modulation was agreed as part of the December 2005 budgetary compromise, and we are therefore content to release the Proposal from scrutiny in the expectation that the above policy objectives will be met in the final text. We would, however, appreciate written information from you on the content of the final agreement and further clarification of the likely impact of the "minimum expenditure per axis rules" throughout the UK.

15 March 2007



71   Correspondence with Ministers, 40th Report of Session 2006-07, HL Paper 187, p 235. Back

72   Correspondence with Ministers, 40th Report of Session 2006-07, HL Paper 187, pp 233-234. Back


 
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