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JOINT COMMITTEE ON EUROPEAN AFFAIRS debate -
Wednesday, 4 May 2005

Scrutiny of EU Proposals.

We are dealing with the scrutiny of COM (2004) 629, which proposes a regulation establishing a financial instrument for development co-operation and economic co-operation. We are joined by Mr. John Morahan, a counsellor from the Department of Foreign Affairs, and Mr. Peter Smith. I thank them for attending.

The proposal under discussion is part of the financial perspectives for the period 2007 to 2013. It concerns the establishment of a new structure of external assistance over the period of the next perspective. The budget is very substantial, amounting to over €44 billion, and the adoption of the regulation would have significance for the future of development assistance. I understand the proposal has been rejected by the European Parliament's development committee. Members will recall receiving information from Deputy Gay Mitchell regarding that development.

The format for this meeting is very simple. I invite Mr. Morahan to make his presentation, after which I will open the discussion to members for a question and answer session. I draw the attention of witnesses to the fact that members of the committee have absolute privilege but this privilege does not apply to witnesses appearing before the committee. Under the salient rulings of the Chair, members should not comment on, criticise or make charges against persons outside the House or an official by name or in such a way as to make him or her identifiable.

Mr. John Morahan

I thank the Vice Chairman for his introduction and the committee for the invitation to discuss with it this very important proposal for a regulation establishing an EC financing instrument for development co-operation and economic co-operation.

In February 2004, the Commission submitted a Communication on the policy challenges and budgetary means of the enlarged European Union. This signalled the opening of negotiations within the Council on the financial framework for the EU for the period 2007 to 2013, known as the financial perspectives.

Development co-operation is one component of EU activity in the external actions area. Spending on external actions has, until now, been funded from a wide variety of instruments and budget lines. In its proposal for the financial perspectives for the period 2007 to 2013, the Commission, in an important innovation, suggests that all external actions should be grouped under one financial heading. This is Heading 4, entitled "The EU as a Global Partner".

This heading contains the financing instruments for the main subject areas of EU external action. These subject areas, as defined by the Commission in its financial perspectives proposal, are pre-accession assistance; European neighbourhood and partnership; development co-operation; economic co-operation; stability; humanitarian assistance; and macro-financial assistance.

The latter two instruments are already in place in the current financial perspectives. The first four are new. They represent a streamlining of the policy instruments in the external actions area of the Community budget, replacing the existing plethora of geographical and thematic instruments. This proposal to simplify the external actions aspect of the financial perspectives has been widely welcomed as something which opens the way towards a more coherent, policy-based approach to the Union's external relations.

The Commission's proposal for a regulation establishing an instrument for development co-operation and economic co-operation is contained in document COM (2004) 629 (final) of 29 September 2004. The regulation is intended to cover all countries, territories and regions, with the exception of EU member states, overseas territories and countries eligible for assistance from the pre-accession instrument and the European neighbourhood and partnership instrument. The regulation would address all areas of co-operation relevant to the objectives set out in Articles 177 to 181a of the EC treaty. These articles concern development co-operation and economic, financial and technical co-operation with third countries.

A further important matter as regards the scope of the regulation is that the development co-operation and economic co-operation instrument to be created by the regulation would also cover the activities and funding currently being provided to the African, Caribbean and Pacific — ACP — countries under the European Development Fund. The funding for the new instrument would include the funds currently provided for the ACP countries under the EDF, which has up to now been financed through a separate agreement by member states outside of the EU budget. With the ACP funding included, the proposed financial framework for the development co-operation and economic co-operation instrument is €44.229 billion.

Consideration of the draft regulation within the Council is still at an early stage, and has focused to date mainly on its general principles. A detailed article by article examination of the draft has yet to get under way.

An important development in the area of the draft regulation was the decision in mid-March by the development committee of the European Parliament to accept a proposal from that committee's rapporteur, Deputy Gay Mitchell, MEP, that it reject the draft. Deputy Gay Mitchell, in a report submitted to the development committee in early February, outlined two key problems posed by the draft regulation, namely, that it would undermine the role and powers of the European Parliament and that it merged the two policy domains of economic co-operation and development co-operation.

Following this, and to try to forestall the possibility of an outright rejection of the draft regulation by the European Parliament in plenary session, tripartite meetings between Parliament, Commission and the Luxembourg Council Presidency have been taking place to try to resolve the differences. Deputy Gay Mitchell decided that as these discussions showed evidence of a greater willingness to address Parliament's concerns in a more positive manner, he would withdraw his report from last week's part-session of the European Parliament. The Government is hopeful there will be a successful outcome to these tripartite discussions which will enable all of the institutions to move forward with the process of negotiating the details of the draft regulation.

I would like now to give an outline of the Government's position as regards the policy content of the draft regulation. Perhaps I should begin on the positive side and say what we endorse in the draft.

The Commission, in the draft regulation, rationalises the instruments in the field of development co-operation and we very much welcome this innovation. The draft regulation incorporates a range of development best practices that have evolved during the past decade, in particular. These include multi-annual programming that would be undertaken in agreement with partner countries, partner country ownership and national development programmes, or poverty reduction strategy papers, as a basis for aid programming.

The proposal provides for a reduction of micro-management by member states, while establishing a management committee structure that allows member states to make a strategic input. It stresses the importance of good governance by means of a provision to suspend co-operation in the event that essential elements of agreements on co-operation are violated.

However, the draft regulation has major shortcomings which must be addressed. The regulation should have a clear overarching objective, to be set out in its first article, aimed at the eradication of poverty and guided by the main development objectives and principles agreed at various UN conferences — in particular, the 2000 millennium development summit and the 2002 world summit for sustainable development. It should avoid listing possible areas of intervention.

Co-operation with developing countries, under EC treaty articles 177 to 179, should be clearly separated from co-operation with industrialised countries, as set down in EC treaty Article 181a, as regards objectives, scope, policy measures and financial provisions. This can be ensured by splitting the regulation or creating separate chapters for each.

The 2000 EC development policy statement — as periodically revised — should be identified as the policy basis for implementing the regulation. Its aims and principles should guide geographic and thematic spending. This includes its strong focus on least developed and low income countries, on country ownership and on participatory approaches to development, with a clear role for civil society. Allocation of resources should be guided by standard, objective and transparent resource allocation criteria based on need and performance and universally applied to all EC external assistance. The regulation should actively promote aid effectiveness and best development practice.

The Government does not support the Commission's proposal that the European Development Fund should be integrated into the Community budget. We value and do not want to lose the EDF's strong focus on low income and least developed countries, as well as the fact that country allocations under the fund are based on need and performance criteria. Furthermore, the EDF, to a greater degree than aid delivered through the Community budget, follows best development practice, such as giving partners a voice through consultative strategies and supporting local priorities.

I will conclude by emphasising that consideration of the draft regulation within the Council has up to now taken the form of discussion of its basic principles. An article by article examination of the proposal is now required.

I thank Mr. Morahan. I will take questions from members in a moment. Significant progress seems to have been made in the stand-off between the development committee, its rapporteur, Deputy Gay Mitchell, MEP, and the Commission. The Luxembourg Presidency seems to be deeply involved in this process, which is welcome.

Could Mr. Morahan clarify the figure of €44 billion under the financial perspective of the umbrella regulation, given that the previous budget proposed for the European Development Fund over the period 2007-13 was approximately €23 billion? The danger is that the money will not be ring-fenced for development, particularly in the least developed countries for which the millennium development goals are intended, according to Deputy Gay Mitchell's committee.

The Government is not satisfied that the European Development Fund should be subsumed into this budgetisation but wants it to remain as it is under the status quo. Many NGOs argue for budgetisation under a separate development heading. Will Mr. Morahan clarify some of those issues in respect of the figures and the arguments for and against budgetisation?

Mr. Morahan

I thank the Vice Chairman for raising this important point. As he said, €23.572 billion is set aside for the European Development Fund under the proposal. The Commission undertakes to ensure that under the budget the European Development Fund for the African, Caribbean and Pacific countries will be ring-fenced. Mechanisms will be established to ensure the money will go only to those countries. Some NGOs support that position.

From the perspective of a delegation in the Council, which holds the same views as some of those NGOs and experiences of the way some programmes under the budget have been implemented, we are concerned that the focus on least developed countries and development best practice may not be maintained. We have insufficient evidence in the Commission's proposal that it would establish mechanisms to retain the European Development Fund in its current shape. However, it has yet to be negotiated. We have taken our position on the basis that the focus of the European Development Fund will move away from poverty. I note the Chairman is still frowning.

All the policy instruments in place will be streamlined under this regulation. Does that entail an increase or decrease in the overall budget? Will Mr. Morahan define overseas territories? Mr. Morahan has some misgivings and wishes to avoid listing areas of intervention. If the administration of the fund is not sufficiently supervised it may be open to manipulation. What exactly is the up-to-date position on the reservations we have expressed?

Mr. Morahan

The budget this year has been increased on the current budget. Leaving aside the question of the European Development Fund, which has also been increased, the amount of money made available for development under the budget is also increased.

I share the Deputy's concern about manipulation of the fund. The trouble with lists, however, is that an item not on the list which is subsequently discovered to be important can be deemed to be ineligible for co-operation when it comes to implementing the proposal. Lists are not exhaustive.

It is better to approach the problem by way of introducing some general principles such as the millennium development goals, the commitments we undertook under the UN conferences I mentioned, and the commitments in the Union's development policy statement. That provides the political and legal basis for proceeding. Theoretically it includes all forms of development co-operation and is not limited to a list. A list is useful as an illustration but the danger is that it can exclude some important items.

Overseas territories are territories of some of the large member states, for example Martinique, which is a territory of France, and the Netherlands Antilles. They do not constitute a significant financial intervention.

What is the up-to-date position on the negotiations?

Mr. Morahan

Is the Deputy referring to negotiations with the Parliament?

Mr. Morahan

The tripartite talks are continuing between the Commission, the Parliament and the Luxembourg Presidency on the basis of a letter the Parliament submitted to the process some weeks ago. This reflected the concerns of committees other than the development one, for example, the foreign affairs and budget committees. The debate has extended beyond the development issue and the merging of two regulations, about which Deputy Gay Mitchell was concerned, into the other area his report highlighted, namely, the role of Parliament vis-à-vis the Council.

We do not have a separate report because we are not as a delegation involved in this but Deputy Gay Mitchell's comments last week offer hope that this problem will be resolved.

I thank Mr. Morahan for his exposition of a complex area. This discussion concerns the 2007-13 budget, its distribution, control, scrutiny and accountability. Surely under the procedures of co-decision its unanimous rejection by the Parliament means that this proposal is going back to the drawing board. I note from the correspondence that it was agreed at the tripartite meeting to establish a working party.

While there must be some system of regulation and scrutiny, presumably the working party will submit a new proposal. Is COM (2004) 629 off the table?

Mr. Morahan

No.

Is it back on the drawing board for substantial redesign? If co-decision means what I understand it to mean, this unanimous rejection which, as Deputy Gay Mitchell stated, is unprecedented means there will have to be a fundamental redesign. While it is not off the table, it must be substantially, if not fundamentally, redesigned.

Mr. Morahan

That would have been the case had it been rejected by the Parliament meeting in plenary session. However, it has been rejected by the development committee which has responsibility for examining it. The concern underlying the tripartite talks is that if they are not successful and the dropped instrument is discussed in plenary session, it will be rejected. Then the situation will be as Deputy Quinn described.

I thank Mr. Morahan for his clarification. What we are looking at is the danger of the fusion of two separate policy proposals. One concerns traditional historical development co-operation in respect of the ACP countries or former colonies. The other concerns financial assistance and economic co-operation for our near neighbours. These are listed in the documentation as the periphery of states that surround the territory of the European Union. The concern expressed by Deputy Gay Mitchell's committee is that as these are two separate areas of political and economic activity, they should not be bundled into one where the development co-operation dimension, à la the ACP, is subsumed into a much closer economic near neighbourhood stability dimension. Is that a fair interpretation?

Mr. Morahan

Yes, it is. It is also the Government's concern.

That is my point. Without taking political sides, does Mr. Morahan regard the near neighbour policy of economic consolidation and collateral strengthening as a distinct policy initiative to the traditional Lomé Convention, ACP-European Development Fund policy and that they cannot be but joined under the one umbrella?

Mr. Morahan

The Deputy referred to the neighbourhood instrument which is separate again from the fusion of the development instrument and the development and economic co-operation instrument. The Government is opposed to this, as well as other EU member states and the European Parliament Committee on Development. The Deputy referred to the amalgamation of the development co-operation dimension, the economic co-operation instrument and the neighbourhood instrument. Is he asking for our view on the relationship between them?

Mr. Morahan

The neighbourhood instrument is another innovation of the Commission. It also has a development dimension. Development funds will constitute the majority of its funding. Several member states are classed as middle-low income countries, as opposed to low income countries, as they have per capita annual income of between $750 and $3,000. Four are included in the neighbourhood instrument which concerns the areas around the European Union. The remaining 13 states included in the instrument are one level up in the development assistance committee’s categorisation of income. However, they are poor countries such as those included in the MEDA programme and all have strong development needs.

In the instrument it must be ensured development principles are implemented. The scope of the regulation provides for socio-economic development and we must ensure it is acted upon. That is the relationship between the two instruments. The development co-operation dimension and the economic co-operation instrument constitute all countries in the world, bar those included in the neighbourhood instrument and the European Union.

Ireland makes a contribution to overseas development assistance. If this regulation comes into force, will this contribution be made to a different or the same fund? When it is budgeted for, will Ireland's contribution rise automatically?

Mr. Morahan

Ireland supports EU development through payments to the Community budget, made through the Exchequer. Payments to the European Development Fund, EDF, are made through the Department of Foreign Affairs and are outside the budget. If the Commission's proposal that it be integrated into the budget was to succeed, Ireland would be paying to the budget and the EDF at Ireland's budgetary key rate of 1.19%.

That is in percentage to the contributors?

Mr. Morahan

Yes, 1.19% is Ireland's percentage contribution to the EU budget. If the regulation was introduced, Ireland would pay to the EDF at that rate of contribution. Ireland pays to the EDF at a rate of 0.62%. For the period 2002 to 2007, the EDF is funded to the extent of €13.8 billion, of which Ireland pays 0.62%. Whether the EDF is placed within the budget, Ireland's contribution will rise from 0.62%. If the EDF remains outside the budget, the keys will change and we will be paying a higher figure in the future.

It seems desirable to keep it outside the budget, given that the accounts have not been signed off for several years and moneys go missing. If it was just the EDF, we would have some chance of monitoring how much was spent and where it was targeted.

The issue of coherence of European policies across different areas such as trade has arisen several times at the joint committee. Can Mr. Morahan give an example of how development co-operation funds might leak into the area of economic co-operation which would clearly defeat the purpose in providing funding as well as the overall purpose of the millennium development goals? That is not meant to be a sneaky question but an answer might clarify this complex issue. If Mr. Morahan cannot answer now, he might elaborate on the problem identified later. That would be useful.

Will the two thematic areas now be tied to what traditionally was a different type of fund? Will certain criteria attach to the funding, based on a country agreeing to co-operate on the economic aspect?

Mr. Morahan

I repeat the point that all is still to play for. There has not been article by article negotiation. Why did the Commission decide to include economic co-operation in the regulation? Part of the reason seems to be that the actual level of economic co-operation involved with industrialised countries is very small. We are hearing a figure of €60 million out of a total figure of €44 billion. The Commission decided, therefore, to make it part of the regulation because it thought it better to include it rather than establish a separate regulation. This has yet to emerge in the negotiations but it may not necessarily be a bad thing. Therefore, we may be able to resolve the matter.

Obviously, civil society and others are concerned that there is a wrong motive which is sullying the development co-operation dimension. When the negotiations proceed, the question will be how to merge the development and economic dimensions, either through having two separate regulations and legal bases, or through having two chapters in one regulation. The indications are that the Parliament might like the latter arrangement because it would then have the power of co-decision. If there were two separate regulations, the issue of economic co-operation would come under Article 181a and would not be subject to co-decision. Therefore, Parliament might find it unattractive. It might find it more attractive to work with two chapters in one regulation with the legal base being Articles 177-179 which relate to the advancement of the development co-operation dimension with developing countries but that is speculation.

I am satisfied. Senator Lydon has made the point that the issue has a clear financial impact in this country. We are here to scrutinise a particular document which, as Deputy Quinn pointed out with regard to the issue of co-decison, may or may not survive, depending on whether the negotiations proceed. Subject to the agreement of the joint committee, we would like to support what Mr. Morahan has identified as the way he proposes to proceed. I understand he is talking about the European Development Fund remaining separate. That is something we should support.

We have identified the problems and clearly there is a financial impact. I do not think committee members would be satisfied to have the areas of economic co-operation and development co-operation subsumed into one, albeit such a tiny amount is involved for economic co-operation, less than 0.5% of the overall financial perspective up to 2013. Nevertheless, with their agreement, we might ask the Department to keep us informed of developments in the tripartite negotiations between the Parliament, the Council and the Commission. In the meantime we might support the general principles outlined in Mr. Morahan's submission. Is that agreed? Agreed. I thank Mr. Morahan and Mr. Smith for attending.

Sitting suspended at 3.15 p.m. and resumed at 3.17 p.m.
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