Documents considered by the Committee on 20 June 2012 - European Scrutiny Committee Contents


13   EU Budget Support to Third Countries

(33245)

15561/11

COM(11) 638

Commission Communication: The future approach to EU Budget Support to Third Countries

Legal base
DepartmentInternational Development
Basis of considerationMinister's letter of 15 June 2012
Previous Committee ReportHC 428-xl (2010-12), chapter 3 (2 November 2011); also see (32105)15240/10: HC 428-viii (2010-11), chapter 11 (17 November 2010)
Discussion in CouncilMay 2012 Development Foreign Affairs Council
Committee's assessmentPolitically important
Committee's decisionCleared

Background

13.1  In the eyes of the Commission, budget support involves policy dialogue, financial transfers to the national treasury account of the partner country, performance assessment and capacity-building, based on partnership and mutual accountability.[119]

The earlier Commission Green Paper

13.2  With five years to go before the 2015 deadline for the UN Millennium Development Goals (MDGs), the Commission said that budget support had become an increasingly prominent element of the aid effectiveness agenda. It noted that, over the period 2003-2009, the Commission made budget support commitments totalling over € 13 billion, amounting to about 25% of all commitments; with about 56% made in Africa, Caribbean and Pacific (ACP) countries, 24% in neighbourhood countries, 8% in Asia, 6% in Latin America and 5% in South Africa.

13.3  However, the Commission went on to say, questions about the quality, value for money and impact of budget support were increasingly being raised by a range of stakeholders, including the European Court of Auditors, European and national Parliaments and civil society; these needed to be answered as the Commission worked to improve its approach to budget support. The key ones were:

—  political governance and the role of political dialogue;

—   the role of policy dialogue, role of conditionality, and links to performance and results;

—  domestic and mutual accountability;

—  programming of budget support and its coherence with other instruments;

—  strengthening risk assessment and dealing with fraud and corruption;

—  budget support in situations of fragility; and

—  growth, fiscal policy and mobilisation of domestic revenues.

13.4  Improved coordination across the EU was also essential, as the Lisbon Treaty and the establishment of the European External Action Service were changing the EU institutional context in which budget support is provided. The purpose of the Green Paper was to gather views from stakeholders regarding the objectives and use of EU budget support, building on the joint experience of the last ten years, while recognising differences in the context and nature of EU cooperation with different regions and countries; the specific objectives, to identify opportunities and challenges, to raise specific questions on how these opportunities can be exploited and challenges addressed, and to collect views and evidence that will improve our approach to budget support. The consultation would run from mid-October to end-December. Thereafter, based on the outcome, the Commission would prepare an Issues Paper, followed by a Communication, setting out the main parameters for its future budget support. [120]

13.5  The subsequent Commission Communication described the EC's revised policy as "a modern approach to budget support". It hoped that Member States might also adapt their bilateral budget support accordingly, in order to achieve a coordinated approach by the EU as a whole. Future programmes involving budget support to the partner country government were presented as a set of contracts for delivering better aid and achieving sustainable development objectives. The new approach would be designed to strengthen the "contractual partnership between EU and partner countries". The Commission was proposing to re-brand their main instruments. So general budget support to good performing or reforming countries would be called "Good Governance and Development Contracts". Sector budget support e.g. to support reforms in the health or education sectors would be branded: "Sector Reform Contracts". Finally budget support to fragile states, e.g. Haiti or Sierra Leone, to assist with critical state-building needs, was to be branded "State Building Contracts".

13.6  These different contracts, though having some common characteristics, would have different objectives. They would all be results-oriented instruments based on both process and outcome indicators and with incentives for improved performance. There would be stronger pre-conditions and eligibility criteria, including a country's performance on human rights, democracy and rule of law, but with a "dynamic approach" to interpretation of eligibility criteria, rather than specifying minimum standards. Use of budget support would be decided as part of a portfolio approach that included other support such as technical assistance and projects as appropriate. Mechanisms and principles for improving EU and Member State coordination were outlined — one key principle being that individual Member States should retain ministerial authority over budget support operations and the EU would need to comply with its legally binding agreements and financial regulations. Stronger risk management frameworks were emphasised, in line with the Court of Auditors' recommendations, and would include closely monitoring progress in the fight against corruption and fraud (see the relevant Committee Report for further details).[121]

Our assessment

13.7  When commenting on the earlier Green Paper, the Parliamentary Under-Secretary of State at the Department for International Development (Mr Stephen O'Brien) said that he expected this Communication in the spring of 2011, with Council Conclusions to be adopted in the first half of 2011. So, it seemed, the going had been harder than expected. He noted "many sensible proposals to strengthen the management and effectiveness of this important aid modality", which he said reflected significant UK input. But he appeared to have a particular difficulty over the notion of a "single EU Good Governance and Development Contract". Though he did not clearly say why, the suggestion was that the inclusion in the Communication of the principle that individual Member States needed to retain ministerial authority over budget support operations, and the EU needed to comply with its legally binding agreements and financial regulations, provided insufficient reassurance that the appropriate balance could be preserved in practice between common objectives and coordinated dialogue with partner governments around underlying reforms and differentiated responses. In the first instance, it seemed that the Minister's department would now engage in an extensive consultation process prior to making recommendations on the Government's response to the Communication.

13.8  So we asked that, when Ministers had approved it, the Committee be provided with a copy.

13.9  In the meantime we continued to retain the Communication under scrutiny.

13.10  We drew this latest development in this key policy area to the attention of the International Development Committee.[122]

The Minister's letter of 16 April 2012

13.11  The Minister wrote to say that DFID had consulted:

—  its country offices and relevant Whitehall departments in early March, which involved reviewing the Commission's proposals in the light of DFID's own strengthened approach to budget support, introduced in August 2011, as well as DFID's on-going work on aid conditionality;

—  EuropeAid in Brussels; and

—  other Member States to seek clarification of key issues.

13.12  The Minister said that the outcome "confirms and reinforces our existing position on the key elements of the Commission's proposals," as set out in his 28 October 2011 Explanatory Memorandum, and is "consistent with the position of several other key Member States, including the Danish Presidency." Discussions among Member States were "now focused on agreeing Council Conclusions"; he would ensure that these "clearly reflect the UK position, protecting UK sovereign decision making and ensuring no extension of EU competence." He expected the Conclusions to be formally agreed at the May "Development" Foreign Affairs Council meeting.

13.13  In its reply of 16 May 2012, the Committee said that it felt that this response continued to leave it in an unsatisfactory position, viz., it was now minded to clear the Communication but, insofar as the Minister had not explained his concern clearly in his original Explanatory Memorandum, simply stating that the outcome of the clarification of key issues "confirms and reinforces our existing position on the key elements of the Commission's proposals" did not properly explain how his initial concern had been addressed. The Committee therefore asked the Minister, once they had been adopted, to send it a copy of the Conclusions, illustrating how they did indeed reflect the UK position, protect UK sovereign decision making and ensure no extension of EU competence.

The Minister's letter of 15 June 2012

13.14  His response, the Minister says, seeks to highlight those sections of the Council Conclusions that substantively address his earlier concerns about some specific aspects of the EU's proposal, particularly those concerning an EU coordinated approach. [123]

13.15  He begins by saying that he continues to welcome the Commission's new approach to budget support, as it reflects and builds upon many elements of DFID's own strengthened approach, and that these are highlighted in the Council Conclusions thus:

  • "Greater transparency about budget support allocation decisions (see paragraph 13 of Council Conclusions)
  • A stronger focus on results and value for money through a strengthened assessment of progress and monitoring of outcomes (see paragraph 12)
  • "Strengthening of domestic accountability and introduction of a new eligibility criteria on budget transparency (see paragraph 14)
  • "A clear focus in budget support dialogue on meeting commitments to human rights, democracy and the rule of law (see paragraphs 7-9)."

13.16  However, the Minister says, he also highlighted a number of potential concerns regarding the Commission's proposals for a "coordinated EU approach" to budget support and its implications for existing and future joint budget support programmes where DFID bilateral funds are involved; that it soon became clear that his concerns were shared by other Member States; and, as a result of strong UK lobbying on these points, the Council Conclusions now contain appropriate language addressing these issues, which he says clearly state (see paragraphs 18-20) that:

  • "Discussions on an EU coordinated approach will primarily take place at the country level on a case-by-case basis and will take into account the views of non-EU budget support providers
  • "[...] they shall be based on principles of sovereign decision-making by Member States while seeking to achieve the maximum level of coordination, joint assessment and joint dialogue
  • "[...] the country-level coordination will be based on existing arrangements and procedures and will hence not involve the transfer of additional responsibilities to the European Union on budget support decision-making.

13.17  The Minister says:

"It is thus absolutely clear that UK Ministers will retain the right to take independent decisions about where, when and in what circumstances the UK will provide budget support, while also working closely with our EU partners to establish common objectives, assessment and dialogue procedures to ensure that these respond to the specific circumstances of the country concerned. We have consulted with DFID Country Offices on these issues and they do not foresee any specific concerns regarding existing in-country coordination processes."

13.18  The Minister concludes by saying that:

—   he will be monitoring closely the way in which the EU now implements its budget support policy to ensure that any new Good Governance and Development Contracts, Sector Reform Contracts or State-Building Contracts are appropriately targeted and designed to address the specific needs of beneficiary countries and deliver expected results;

—  the Coalition Government will continue to work uncompromisingly and tirelessly to ensure that the UK retains its sovereign decision-making and continues to hold EU Development Institutions accountable for the delivery of EU development aid.

Conclusion

13.19   At chapter 12 of this Report, we consider a related Commission Communication 15560/11, Increasing the impact of EU development policy: An Agenda for Change, which seeks to improve the effectiveness of existing EU aid and improve the impact of EU development cooperation in support of human rights, democracy and other key elements of good governance, and inclusive and sustainable growth for human development.[124]

13.20  As in that case, the picture having now been completed here, we are content for interested Members to pursue the important issues covered in the Commission Communication, and in the Council Conclusions, in the many ways open to them.

13.21  With that in mind, we are forwarding a copy of this chapter of our Report to the International Development Committee.

13.22  We also now clear the Commission Communication.


119   COM(11) 638, page 3. Back

120   For details, see (32105)15240/10: HC 428-viii (2010-11), chapter 11 (17 November 2010). Back

121   See HC 428-xl (2010-12), chapter 3 (2 November 2011). Back

122   See headnote: HC 428-xl (2010-12), chapter 3 (2 November 2011). Back

123   The Council Conclusions are available at http://www.consilium.europa.eu/uedocs/cms_Data/docs/pressdata/EN/foraff/130241.pdf. Back

124   See (33244) 15560/11 at chapter 12 of this Report.

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