EU/S3/09/11/A
EUROPEAN AND EXTERNAL RELATIONS COMMITTEE
AGENDA
11th Meeting, 2009 (Session 3)
Tuesday 29 September 2009
The Committee will meet at 10.30 am in Committee Room 1.
1. Decision on taking business in private: The Committee will decide whether to take items 5, 6, 7 and 8 in private.
2. Scottish Government's European Union priorities: The Committee will take evidence from—
Michael Russell MSP, Minister for Culture, External Affairs and the Constitution, Deborah Smith, Acting Director for Culture, External Affairs and Tourism, and Donald Henderson, Deputy Director of Europe Division, Scottish Government.
3. Special Edition of the Brussels Bulletin: The Committee will consider a special edition of the Brussels Bulletin.
4. Brussels Bulletin: The Committee will consider the Brussels Bulletin.
5. Presidency of the EU Council: The Committee will consider its approach to invitations to the Ambassadors of EU Presidency nations.
6. China Plan inquiry: The Committee will consider a draft report.
7. EU Budget review inquiry: The Committee will consider witnesses for the inquiry.
8. Scottish Government's European Union priorities: The Committee will consider the oral evidence session.
EU/S3/09/11/A
Lynn Tullis / Simon Watkins Clerks to the European and External Relations Committee Room TG.01 The Scottish Parliament Edinburgh Tel: 0131 348 5234 Email: [email protected] [email protected]
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The papers for this meeting are as follows—
Agenda item 2
Paper from the Clerk and SPICe EU/S3/09/11/1
Agenda item 3
Brussels Bulletin Special Edition EU/S3/09/11/2
Agenda item 4
Brussels Bulletin EU/S3/09/11/3
Agenda item 5
Private Paper EU/S3/09/11/4 (P)
Agenda item 6
Private Paper EU/S3/09/11/5 (P)
Agenda item 7
Private Paper EU/S3/09/11/6 (P)
EU/S3/09/11/1
European and External Relations Committee
11th Meeting, 2009 (Session 3), Tuesday, 29 September 2009
Evidence session with the Minister for Culture, External Affairs and the Constitution
Introduction
1. The purpose of this session is to take evidence from the Minister for Culture, External Affairs and the Constitution on the Scottish Government’s recently published Action Plan on European Engagement1 and European Priorities (attached as Annexe A).
Action Plan on European Engagement 2. On 23 April 2008 the Scottish Government published its draft Action Plan on European Engagement. According to the Scottish Government, the Action Plan was published in draft to allow the Government to hold discussions on its aims and content with stakeholders before it was finalised.
3. Alongside the draft Action Plan, the Scottish Government also published its long term EU political objectives. These were fisheries and aquaculture; the EU budget review; justice and home affairs issues; EU energy policy and agriculture.
4. On 7 September 2009, the Scottish Government published its finalised Action Plan on European Engagement. This incorporates sections on: tracking and influencing EU legislation and policies, playing a leading role in Europe, raising Scotland’s profile in Europe, the key role of stakeholders, bilateral work with European partners and a section on monitoring and evaluation.
Scottish Government’s long term political objectives 5. The key change to the final version of the Action Plan from the initial draft is that the Government has moved from the five long term political objectives towards focussing on four policy areas. The areas are:
• Energy and Climate Change • Marine Environment • Research and Creativity • Justice and Home Affairs
6. Explaining this change the Action Plan now states: ‘Of course, we must be realistic – our resources are finite, and in order to be truely effective we must focus our efforts on trying to lead the way in a small number of areas. These are the areas where Scotland’s interests, expertise and
1 Scottish Government’s Action Plan on European Engagement. Available at: http://www.scotland.gov.uk/Topics/Government/International- Relations/Europe/EuropeanStrategy 1
EU/S3/09/11/1
potential converge with a recognition at EU level of the importance of the issue at stake. The Scottish Government will focus on four areas in which Scotland can play a significant role in Europe’ (page 5).
The process by which the Scottish Government identifies its EU priorities 7. In the past the Committee has sought to clarify the methodology and criteria by which the Scottish Government has identified its EU priorities. With the publication of the Action Plan, in addition to the move away from long term political objectives, the Scottish Government now no longer publishes its individual policy priorities (a table showing the Government’s European priorities in October 2008 is included as Annexe B).
8. Alongside the Action Plan, the Government has published two Appendices (these are also included at Annexe A). The first Appendix provides a six month review of key Scottish Government action at European level in each of the four priority policy areas. The second Appendix provides a Forward Look to the next six months (which encompasses the Swedish Presidency of the EU). The Forward Look provides details of a number of issues which may affect Scotland, not just developments in the priority policy areas.
9. To an extent this has responded to the Committee’s previous suggestion that it would be helpful to have a summary of the key actions that had been taken by the Scottish Government in the six months since the previous report and the key issues that were anticipated in the next six months. However this does not incorporate the details of specific priorities or specific plans for delivery.
Presentation of EU Priorities and Early Engagement Activity 10. In its report of the inquiry into the transposition of EU directives the Committee recommended that the Scottish Government should continue to develop the presentation of its EU priorities to the Parliament to include a detailed summary of the early engagement it has undertaken in relation to its EU priorities and political objectives. The Committee may wish to discuss with the Minister how the Government will use early engagement to further its priorities.
Monitoring and Evaluation 11. The Committee previously questioned the need for mechanisms by which progress and successful delivery of each of the priorities will be measured. The Action Plan states that; “the Minister for Culture, External Affairs and the Constitution will provide the European and External Relations Committee of the Scottish Parliament with an annual report on the progress made in delivering the Action Plan on European Engagement in the Autumn of each year.”
SPICe , Committee Clerk September 2009
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EU/S3/09/11/1 Annexe A
ACTION PLAN ON EUROPEAN ENGAGEMENT
ACTION PLAN ON EUROPEAN ENGAGEMENT EU/S3/09/11/1 Annexe A
INTRODUCTION
The purpose of the Scottish Government is to create a more successful country, with opportunities for all of Scotland to flourish through increasing sustainable economic growth. This provides the direction for our international engagement, focused on achieving the three objectives set out in our International Framework: increasing population growth, bringing a sharper economic growth focus to the promotion of Scotland abroad, and presenting Scotland as a distinctive, independent minded, responsible nation.
The EU provides Scotland with access to the world‟s largest trading market – the Single Market of almost half a billion consumers. It is our most important export market, with £9.5 billion1 of our exports destined for the EU in 2007. Funds from the European Regional Development Fund and European Social Fund, some £3.2 billion between 2000 and 2006, have long supported projects in Scotland designed to ensure that all of our diverse regions and communities can benefit from European opportunities. While our share of EU funds is now decreasing they are still important to our economy, the £685 million allocated to Scotland for 2007 – 2013 is playing a key role in our economic recovery programme as the Scottish Government front loads spending to stimulate economic activity.
The Scottish Government has a key role to play in enhancing Scotland‟s profile in Europe, placing Scotland at the heart of European activity from where we can benefit fully from the opportunities available. We must strengthen Scotland‟s presence in the European Union so that our interests are heard on the issues that impact both our citizens and our economic growth. Not only must we ensure that Scotland fully grasp the opportunities that the EU presents but we should also ensure that Scotland plays a full part in shaping EU policies of the future in areas in which we can lead the field, such as marine renewable energy and creating a sustainable fisheries industry.
Ultimately these ambitions can only be fulfilled when Scotland has full standing as an independent Member State of the EU – a separate and distinctive voice at the negotiating table giving due weight to Scottish interests. However even within the constraints of the current constitutional arrangements there is significant work that we as the Government of Scotland, working with the wide spectrum of Scotland‟s stakeholders and representatives in Europe, can do to advance Scotland‟s interests in Europe.
Our efforts and activity in the European arena must be properly focused to maximise the impact we make. There are three categories of work in which we should engage. Firstly, we must continue to track key EU legislation and developments that will impact Scotland so that we can react positively to the benefits and defensively to the threats that these pose; Secondly, we must strategically consider the areas in which Scotland has a particular interest and unique experiences which mean that, by taking a lead role we can shape developments to the benefit of both Scotland and our European partners. Finally we must be pro- active in our engagement with Europe: raising Scotland‟s profile by participating in the development of EU policy making, through, for example, responding directly to Commission consultations, building links with key MEPs and participating in Council meetings.
Developing these three strands of work is the basis of our engagement with the Europe Union, a platform from which we can raise Scotland‟s profile and take full advantage of the opportunities Europe offers while demonstrating that Scotland is a responsible nation with a high degree of experience, expertise and creativity to contribute to the shaping of an EU that is ready to rise to the challenges of our times.
Michael Russell MSP Minister for Culture, External Affairs and the Constitution
1 http://openscotland.gov.uk/Resource/Doc/919/0078459.pdf 2
ACTION PLAN ON EUROPEAN ENGAGEMENT EU/S3/09/11/1 Annexe A
AN INDEPENDENT SCOTLAND IN EUROPE
The fundamental aim of the Scottish Government is to re-establish Scotland as an independent country. As set out in “Choosing Scotland‟s Future – A National Conversation”2, full membership of the EU is a key feature of the independent Scotland that we seek.
Scotland is subject to the EU‟s laws and regulations, and we are accountable for ensuring these are implemented and complied with in our areas of devolved responsibility. However, we are currently recognised only as one of many „regions‟ of the EU, and must rely on the UK Government to represent our interests. While the Scottish Government is determined to strengthen its direct links with the EU where it can – and will seek to maximise opportunities arising under the current constitutional settlement – we are seriously limited in our ability to freely represent Scotland‟s interests while having to work within the strict constraints that arise because EU affairs are considered part of foreign policy, and therefore reserved to the UK Government. At the Council of Ministers, for example, Scottish Ministers can only attend as part of the UK delegation, and only after seeking the permission of the UK Government.
The subordinate role that Scotland is forced to play in Europe is a clear example of why the current constitutional arrangements in the UK simply do not work. An independent Scotland would have the same status and normal rights of representation as all other Member States. We would have a voice – and a vote – at the negotiating table.
Of course, Scotland would continue to be bound by the laws of the EU, but on a level playing field with other Member States. As an independent Member State, we would be able to ensure that vital Scottish interests are properly represented through the full participation of Scotland in the Council of Ministers. We would still be responsible for implementing EU legislation in Scots law, but that legislation would have been developed through a process in which Scotland had a full and direct say.
2 http://www.scotland.gov.uk/Publications/2007/08/13103747/0 3
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TRACKING AND INFLUENCING EU LEGISLATION AND POLICIES
The impact of EU law is clear. It is EU legislation that has led to the free movement of people, goods, services and capital across the Single Market, secured many of the social policies we enjoy, and has often led the way in protecting our environment. Of course, there are also elements of EU law and policy which are not viewed as positively – proposals that do not take account of the specific circumstances in each Member State, or apply the subsidiarity principle. Because these issues affect all our lives, it is imperative that Scotland seeks to influence the development of EU laws and policies.
Keeping track of the development of EU initiatives that will eventually apply to Scotland continues to represent the bulk of the Scottish Government‟s work in Brussels. We consider how developments affect Scotland‟s interests and whether we need to take action to defend these interests, or to promote positive developments which add value to work being carried out in Scotland.
The range of policy and legislative proposals which we are tracking at any given time will naturally vary depending on the European agenda. By tracking and identifying issues of importance to Scotland, the Scottish Government will be well placed to consider the benefits and threats that such developments imply for Scotland.
The Scottish Government will track EU legislative and policy proposals and engage early on with those that will have greatest impact on Scotland‟s interests. Scottish stakeholders‟ views on these proposals will be considered and we will work with the UK Government to try to persuade them to represent Scottish interests in the UK‟s negotiating lines. We will also engage directly with the EU institutions to ensure that Scotland‟s views are communicated directly where that adds value. Scottish Ministers seek to attend Councils, build links with MEPs and Commissioners and respond to Commission consultations that are of particular importance to Scotland such as, in recent times, EU budget review, urban mobility and cohesion policy.
Our work in influencing EU negotiations should reflect key interests across Scotland. Therefore, we value feedback from stakeholders and partners in the consideration of EU legislation and initiatives on the horizon which will impact on Scotland. The Scottish Government will regularly publish a summary of our key interests in EU negotiations together with recent and future engagement activity in those areas on which we will be focussing particularly. This EU Review and Forward Look is attached as an annex and will be updated on a six monthly basis in order to reflect progress and developments in negotiations.
Handling Scotland’s EU obligations
Involvement in the shaping of EU laws is only one aspect of the Scottish Government‟s role; working with the Scottish Parliament, we must also implement EU legislation in Scots law. We have an obligation to make sure that EU law is implemented correctly and will work to ensure that Scotland is seen as a competent, trusted partner which leads the field in implementing EU law effectively, while ensuring the right outcomes for Scotland and keeping the burdens on those affected in Scotland to a minimum.
Our EU Obligations guidance booklet (http://www.scotland.gov.uk/Topics/Government/International- Relations/Europe/TranspositionsInfractions/ProceduralReform) provides, for the first time, a transparent, effective, Scottish-specific system for handling EU obligations. We are committed to working closely with the sectors and stakeholders affected by the law so that all aspects of implementation can be fully understood and considered.
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PLAYING A LEADING ROLE IN EUROPE
Scotland can learn a great deal from its European partners. However, Scotland also has a great deal to offer. The Scottish Government has ambitions for Scotland to play a much more significant role in Europe than merely influencing legislative proposals and policies driven by others. Despite the constraints arising from Scotland‟s current sub-ordinate status in the EU, we want Scotland to take a leading role in shaping Europe‟s future.
The benefits of this are clear. Where Scotland has particular interests or potential, taking the initiative to drive forward work at EU level will allow us to shape thinking and lead policy development. Scotland will benefit from EU policy designed to meet Scotland‟s needs and from the creation of new opportunities to fulfil our potential. Equally, our European partners will benefit from well designed policy that incorporates Scottish expertise. Scotland will demonstrate that it is an engaged, constructive and creative partner in the European Union.
Of course, we must be realistic - our resources are finite, and in order to be truly effective we must focus our efforts on trying to lead the way in a small number of areas. These are areas where Scotland‟s interests, expertise and potential converge with a recognition at EU level of the importance of the issue at stake. The Scottish Government will focus on four areas in which Scotland can play a significant role in Europe:
o Energy and Climate Change o Marine Environment o Research and Creativity o Justice and Home Affairs
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Energy and Climate Change
We believe the low carbon economy is a major economic opportunity for Scotland. We will work to secure Scotland‟s place as a leader in international energy policy. Given Scotland‟s expertise in low carbon technologies and our vast renewable energy potential, including around a quarter of Europe‟s tidal and offshore wind capacity, Scotland has an immense amount to offer in this field – both in terms of capacity and cutting-edge thinking in the fight against climate change.
Scotland is acting as a model of best practice on tackling climate change and strongly supports the EU in influencing the international community to deliver ambitious action to reduce greenhouse gas emissions. The Climate Change (Scotland) Act 2009 and Delivery Plan aim to deliver at least 42% cuts in emissions by 2020 and at least 80% cuts by 2050 and around 40% of our emissions are covered by the EU Emissions Trading Scheme. The Scottish Government is also committed to assessing the carbon impact of its spending from 2010-11, putting Scotland at the forefront of developments to integrate carbon assessment into the key budget process of government.
The Scottish Government is undertaking a number of initiatives which will help to maintain Scotland‟s position as a leader in low carbon technology.
The recently established Scottish European Green Energy Centre (SEGEC) places Scotland at the forefront of research development and deployment of low carbon energy technologies across Europe. Scottish researchers in universities, research institutes and commercial sectors are already recognised as world leaders in low carbon energy research.
Over the next three years, the SEGEC will create constructive partnerships in areas of key European interest – marine energy, carbon capture and storage (CCS), off shore wind and grids – to drive research, encourage adoption, act as a centre of expertise and influence policy. The SEGEC aims to act as a catalyst for the deployment of green energy and research, encouraging and supporting industry to put research into practise so that Scotland, and Europe, can fully benefit from these advances.
A key objective for the Scottish Government in this area is the creation of a North Sea Grid, to allow the export of renewable energy to continental Europe. We have effectively made the case for this within the EU, and in November 2008 it was included as a priority in the European Commission‟s energy security strategy. Building on links with the Commission, the Scottish Government was invited to become part of the European Grid Working Group in early 2009 and officials will take full advantage of participating in meetings to influence and shape discussions. We are also working in partnership with Ireland and Northern Ireland on a pioneering feasibility study into offshore renewables and grid potential. The Irish- Scottish Links on Energy Study (ISLES) project is supported by EU Interreg IV funding.
We want to see Scotland playing a leading role in the development of carbon capture and storage (CCS) technology to allow us to continue to utilise fossil fuels while reducing the level of harmful emissions being released into the atmosphere. The Scottish Government will continue to take an active role in European considerations of carbon capture and storage by participating in meetings of the European Commission‟s Sustainable Fossil Fuels Working Group on CCS, the Berlin Forum.
The EU Energy Programme for Recovery, formally adopted by the European Parliament on 6 May 2009, presents Scotland with further opportunities to develop our position as a leader in clean and renewable energy. The programme sees €3.98 billion in EU funding allocated to EU Member States and Scottish projects eligble for funding include a carbon capture and storage project and an offshore wind farm. The Scottish Government will work closely with partners to develop these projects in order that they can fully benefit from this EU funding.
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Marine Environment
Scotland is a key maritime nation in Europe, with 10% of Europe‟s coastline, 20% of Europe‟s seas and is the largest producer of farmed salmon in the EU. Scotland is responsible for landing 66% of the total UK volume of fish and for 80% of UK aquaculture production.
The Scottish Government‟s goal is to manage Scotland‟s seas for prosperity and environmental sustainability. To achieve this, the Scottish Government takes a strong interest in EU marine policy, is currently transposing the EU‟s Marine Strategy Framework Directive, continues to strive to influence the Integrated Maritime Policy, and is well placed to shape such discussions. Our experience in working closely with industry has already led to innovative initiatives, such as the pioneering Conservation Credits Scheme to promote responsible fishing behaviour. This scheme was adopted by the EU in November 2008, and demonstrates to the EU our ability to work with partners to create a long-term sustainable maritime industry.
The creation of Marine Scotland in April 2009, integrating core marine functions involving scientific research, compliance monitoring, policy and the management of Scotland‟s seas, has strengthened the focus and coordination of our work, including at EU level. Important areas of this work include reform of the Common Fisheries Policy, strengthening the framework for aquaculture and marine spatial planning.
The Scottish Government does not believe that the Common Fisheries Policy (CFP) best serves Scotland‟s interests, as it has secured sustainability for neither Scotland‟s fish stocks nor its fishing communities. Decision-making for Scotland‟s fisheries should be returned to Scotland and we will remain fully involved in the debate on the future of the CFP, pressing for an EU fisheries policy that will bring most benefits for Scotland, including support to fishing communities and safeguarding our historic fishing rights.
In April 2009 the Commission published its Green Paper on CFP Reform. The Scottish Government has set up an independent inquiry body, the Inquiry into Future Fisheries Management (IFFM), to develop alternative models of fisheries management. The Scottish Government will also consult with stakeholders through the Scottish Fisheries Council and a number of stakeholder workshops. These activities will inform its response to the Green Paper and form the basis of our engagement with the EU institutions as we play a full and influential role in the process of agreeing the new CFP by 2013.
The Commission also published a Communication in April 2009 designed to give fresh impetus to the Strategy for the Sustainable Development of European Aquaculture, which aims to boost the sector‟s competitiveness, ensure sustainability and improve governance. This initiative complements the work of the Scottish Government, which in May 2009 launched the Renewed Strategic Framework for Scottish Aquaculture, which aims to strengthen the Scottish aquaculture sector.
Marine spatial planning plays an important role in the Integrated Maritime Policy for the EU. It is increasingly recognised that effective planning of maritime spaces is fundamental to the delivery of ecosystem management and part of ensuring that future development is rational and integrated and encourages investment while protecting fragile eco-systems.
The Scottish Government is engaged in a range of activity that delivers the European agenda. The Marine (Scotland) Bill was introduced to the Scottish Parliament in April 2009, and will deliver marine planning and marine protected areas, which we believe will be essential tools to deliver Good Environmental Status, as required under the Marine Strategy Framework Directive. In addition, Marine Scotland will act as a delivery vehicle that will provide integrated policy development and focused delivery.
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The Scottish Government will continue to work closely with partners and industry through bodies such as the Scottish Fisheries Council, to put Scottish interests at the heart of EU negotiations. Scottish Ministers frequently attend Fisheries Councils, meet with Commissioners responsible for marine matters, respond to Commission consultations and are building links with MEPs, while Scottish officials sit on working groups and expert panels focused on issues of key interest to Scotland.
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Research and creativity
We will work to consolidate Scotland‟s position as a world leader in research and creativity, and develop its international reputation as a centre of excellence in science, technology and innovation.
The current Seventh Framework Programme for Research and Technical Development (FP7) runs until 2013. The programme has a total budget of over €50 billion designed to respond to Europe's needs in terms of jobs and competitiveness, and to maintain leadership in the global knowledge economy, by funding research grants across Europe and beyond.
Scotland should seek both to play a key role in the development of European expertise and attract significant funding from FP7. Furthermore, work has already begun within the Commission to determine what FP8, which will run from 2014, will look like. It is likely that there will be a renewed focus on international research opportunities, and potential focus on climate change and energy research. The debate on the make-up of FP8 provides Scotland with a clear opportunity to demonstrate international leadership in the research fields in which it excels, such as in energy, information technology and biotechnology, and to create the best possible circumstances in which to enable Scottish researchers to participate in leading cross-border European projects and networks.
We will also engage with the development of the European Research Area (ERA), the legislative and policy framework designed to promote the competitiveness of the European research sector in the global marketplace. Initiatives on issues such as improving researcher careers and facilitating the development of large scale research infrastructures present possible cross-border added value to the development of Scotland‟s own research and development capacity. Continued engagement will be necessary to ensure that EU negotiations take account of Scottish interests, and to ensure that relevant stakeholders in Scotland are made aware of European developments in good time. Scottish Government officials will continue to monitor the progress of policy and legislative discussions at Council working groups. We will look for opportunities to raise the profile of the wider research and creative industries sectors by raising awareness within Scotland of EU consultations and other processes for feeding views into the Commission and other institutions.
We will continue to work with organisations such as Scotland Europa, Scottish Enterprise and Highlands and Islands Enterprise to encourage the participation of institutions and companies in projects that offer genuine benefits to Scottish research, such as the European Institute of Technology, and we will look for opportunities to promote the participation of Scottish institutions and companies in structures and networks including expert advisory committees, working groups and European agencies.
Our ambition is that Scotland is recognised as one of the world‟s most creative nations, one that attracts, develops and retains talent, where arts and the creative industries are supported and their economic contribution fully captured. We are working in partnership with Ireland and Northern Ireland in the Creative Industries Programme funded by Interreg IVA Programme. This aims to support strategic cross border interventions to contribute to a vibrant, integrated and sustainable sector. We will continue to work with other Member States and learn from their good practice. We will continue to monitor the work being done by the Open Method of Coordination (OMC) Expert Group on maximising the potential of cultural and creative industries in particular that of SMEs.
The Year of Homecoming, with its theme of Great Minds and Innovators, coincides with the 2009 European Year of Creativity and Innovation. This presents an opportunity for Scotland to host and participate in events on themes covering science and technology, the creative industries, and culture and the arts which place Scotland‟s past and present expertise in these fields in a wider international context. The Scottish Government is in discussion with a number of European partners with a view to hosting events in Scotland and in Brussels to showcase examples of excellence to an international audience while making a positive contribution to ongoing European policy debates on research, creativity and innovation.
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Justice and Home Affairs (JHA)
The Scottish Government is committed to helping local communities to flourish, becoming stronger, safer places to live, offering improved opportunities and a better quality of life for citizens. The EU has an important role to play in supporting the existence of such communities by promoting consistent high standards of justice, including modern civil and criminal laws and the right institutions for dealing with disputes and offences.
Justice and Home Affairs (JHA) policy initiatives and legislation at the European level have a real, direct and increasing impact on Scotland‟s citizens and its organisations. This impact is experienced in a variety of different ways. For example, for ordinary citizens it may result from dealing with sensitive cross-border child abductions or from pursuing legal redress against individuals or businesses in another EU Member State. For our police forces and courts, it may arise from the sharing of criminal records or dealing with the mutual recognition and enforcement of legal judgements, including, through the European Arrest Warrant, a much more efficient mechanism to facilitate extradition requests throughout the EU. The implications for Scotland of EU legislation in this important area, particularly how it impacts on our distinct and separate legal system, therefore need to be carefully considered and taken into account before decisions are taken. That is why securing recognition of Scottish interests in JHA matters at both UK and EU levels remains a high priority for the Scottish Government.
In particular, we have taken part in negotiations regarding a number of recent EU JHA initiatives. For example, the proposal concerning the European Civil Judicial Network where we were successful in ensuring that the revised Council Decision took account of Scotland‟s distinct separate legal jurisdiction and also e-justice, which aims to use technology to promote wider access to justice for EU citizens. We will continue to do so for initiatives that could have a significant impact in Scotland.
We aim to continue to send a Scottish Minister or Law Officer to all JHA Council meetings as part of the UK delegation and to secure the involvement of the Scottish Ministers, officials and stakeholders as necessary in the formulation of the UK negotiating line in JHA issues.
We also aim to increase our focus on engagement with the European Parliament in general, and individual MEPs with a significant interest in JHA matters in particular. This is especially given the forthcoming extension of the European Parliament‟s co-decision-making powers in relation to both civil and criminal law under the Lisbon Treaty should it come into force. We will also be working to ensure that the UK takes account of our interests when making future decisions about whether to opt-in to existing EU criminal law measures as part of the Treaty‟s transitional arrangements.
Finally, the forthcoming Stockholm Programme will determine JHA policy for 2010-2014. We are therefore engaging with both the Commission and the Swedish Presidency and will take part in the forthcoming Council negotiations to finalise the programme. This is to ensure that it reflects our desire that:
the EU should concentrate on areas where it can provide genuine added value such as addressing serious cross border problems; any identified need for new EU legislation is evidence-based and subject to robust impact assessment; the focus is on mutual recognition rather than the harmonisation of substantive laws through a one size fits all approach given that there is room for respect for the EU‟s separate legal traditions; and there should be a greater formal recognition of the contribution which so called “soft” measures can make such as exchanging best practice.
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RAISING SCOTLAND’S PROFILE IN EUROPE
UK Relations
The United Kingdom is currently the Member State through which Scotland participates in the EU. The UK Government retains responsibility for European affairs but, under the terms of the Concordat on Co-ordination of European Policy, should involve the Scottish Government in developing the UK position on EU issues which affect devolved interests. The limitation of these arrangements is that we are unable to represent Scotland‟s interests directly in the decision-making Council of Ministers without the consent of UK Ministers or through the UK Government. The only real solution to this problem is for Scotland to become an independent Member State of the EU in its own right. In the meantime, the Scottish Government will continue to work closely with the UK Government in all areas of EU policy interest to Scotland.
We are therefore committed to maintaining an active and constructive relationship with the UK Government on EU matters, and we expect the UK Government to do likewise. The Scottish Government will seek to play an active role in developing the UK negotiating position, sharing our ideas, resources and experience with Whitehall counterparts so that Scotland‟s interests are taken into account.
We will take an active part in the Joint Ministerial Committee (Europe) and seek to improve its procedures so that it fulfils its role as an effective forum for dispute resolution and for devolved administrations to raise issues with UK Ministers. We will also continue to raise our concerns about the “double hat” responsibilities that Whitehall departments fulfil in respect of representing English policy views while also being responsible for co-ordinating the UK negotiating line.
The Scottish Government will work closely with the governments of Wales and Northern Ireland to ensure that the role of the devolved administrations in European affairs is fully recognised. We will also look for opportunities where we can work with our Welsh and Northern Irish counterparts on specific EU issues on which we have similar interests.
Relations with EU Institutions
Council of Ministers
The UK Government is charged with representing the whole of the UK in Council meetings. However, the Scottish Government can still be involved. Scottish Ministers will seek to attend Council meetings where issues of interest to Scotland will be discussed and will press to take the lead in representing the UK where we have the lion‟s share of UK interest (for example in fisheries negotiations). Officials in the Scottish Government‟s EU Office in Brussels will continue to build on our strong relationship with the UK Permanent Representation to the EU (UKRep) and we will also, from an early stage, engage with the countries preparing to take up the six-month EU Presidency, to establish their priorities, and to promote Scotland‟s interests. On an on-going basis we will identify other member states with similar policy interests and build relations with those countries in order to strengthen our position in EU discussions.
European Commission
As the key initiator of EU policies – many of which will have a direct impact on Scotland – a strong, honest and constructive relationship with the European Commission ensures that the views and interests of Scotland are known and taken into account at the earliest possible stage of policy development. Scottish Ministers will continue to meet with EU Commissioners and other Commission representatives both in Brussels and in Scotland where they can witness first hand the unique challenges that often face Scotland. We are committed to responding to Commission consultations both through the UK response and, where it adds value, with a separate Scottish response. 11
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European Parliament
The European Parliament has an important, and with the possible entry into force of the Lisbon Treaty, an ever increasing part to play in EU policy-making, representing the voice of the people of Europe. We will ensure that Scottish MEPs are briefed on the Scottish Government‟s position, so that they can promote Scottish views across the European Parliament. We will also seek to build relationships with other MEPs in key positions. The Scottish Government envisages a deeper engagement with this Parliament due to the impact the Lisbon Treaty will have on the powers available to it in areas of importance to Scotland such as Justice, renewable energy and fisheries.
Relations with the Scottish Parliament
The Scottish Parliament is an important partner in achieving Scottish objectives in Europe. The European and External Relations Committee takes the lead in focusing the Parliament on the EU issues of greatest interest, while subject committees also consider EU policies falling within their remits. We will continue to work closely with the European and External Relations Committee on European affairs, and work to encourage subject committees to be active in areas of interest. Scottish Ministers will provide information and give evidence to committee meetings on the Scottish Government‟s European activities as appropriate.
KEY ROLE OF STAKEHOLDERS
The Scottish Government realises the challenges involved in developing a stronger voice for Scotland in Europe. However, Scotland has an engaged and proactive array of stakeholders with a keen interest in EU affairs - many of whom already have a significant presence and influence in Europe and all of whom have an important contribution to make. When we approach Europe in a co-ordinated manner, focusing on Scotland‟s main interests, the impact of strong, consistent and targeted messages goes a long way to strengthening Scotland‟s voice and promoting Scotland as a credible, influential player across Europe.
The Scottish Government firmly believes that Scotland has experience and ideas to share with the rest of Europe, and that Europe offers us opportunities to learn and develop. The range of partners we work with is broad, reflecting the wide range of Scotland‟s stakeholders. Local authorities, for example, have extensive experience in influencing and implementing EU legislation and an important role to play in representing local concerns. The third sector has a fundamental role in strengthening our nation‟s ability to ensure that the EU delivers legislation and policies that improve Scots‟ quality of life. And, of course, Scottish businesses and industry, key players in stimulating our nation‟s sustainable economic growth, are often on the front line of both lobbying the EU and implementing European legislation in Scotland.
A co-ordinated, inclusive approach will not replace stakeholders‟ individual activity in Europe or restrict it in any way. Rather it will allow us to identify shared interests and ambitions and work together to achieve the best results for Scotland. While the Scottish Government clearly has a key role to play in driving forward this approach, for “Team Scotland” to be most successful, it will not be limited to, or necessarily driven by Government activity, but a genuinely collaborative approach, open to all of Scotland‟s stakeholders.
The Scottish Government will encourage Scotland‟s wide range of stakeholders to work more closely with us on specific issues, where we can be more effective by sharing expertise and resources. We will continue to provide opportunities to bring together interested parties to discuss European interests, for example through the European Elected Members Information, Liaison and Exchange group (EMILE) and the Brussels-based „Scotland In Europe‟ quarterly meetings. We will use these and other opportunities as they arise to provide information on the Scottish Government‟s position on EU issues to Scotland‟s representatives in Europe, such as MSPs and Councillors in European networks.
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SCOTLAND IN EUROPE
BILATERAL WORK WITH EUROPEAN PARTNERS
The Scottish Government‟s engagement in Europe is not limited to action within the formal EU institutions. Building closer relations with individual European partners provide excellent opportunities to learn from our neighbours, and to highlight Scotland as the aspiring, tolerant, outwardly-focused country it is. We will seek opportunities to promote Scotland across Europe as an ideal location in which to live, learn, work and visit.
We are keen to share our knowledge, culture and experience with our European partners through policy co-operation, the exchange of best practice, diplomatic links and promotional work. For example, Scotland is fully involved in taking forward the Bologna Process of creating comparable and compatible systems of higher education across Europe. Prior to the Bologna Ministerial Conference in April 2009, a review was carried out which gave a traffic light rating against each of the agreed priorities of the process. Scotland, which has the main elements of the Bologna Process in place, was the only country out of 46 to have a full green scorecard for 2009.
We will also look to learn from our partners and particularly look to draw on the experiences of other countries with similar opportunities and challenges. We will seek to work with partners from across the length and breadth of Europe where there is scope to benefit from collaborative work. Furthering our links with European consulates in Scotland and representatives based elsewhere in the rest of the UK will mean that we have strong domestic relationships that help to underpin these relationships.
“Team Scotland”, many of whom have long been involved in bilateral projects and exchanges, will have a key role to play in building relationships with European partners to exchange knowledge, best practice and experience, and the Scottish Government will continue to encourage and support that work by providing advice, contacts and messages on what Scotland has to offer.
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MONITORING AND EVALUATION
The Scottish Government is committed to transparency and openness in our European engagement. This Action Plan is a working document and updates on our interests and activities in Europe will be provided on a six-monthly basis in the EU Review and Forward Look, which will be annexed to this Action Plan.
The Minister for Culture, External Affairs and the Constitution will provide the European and External Relations Committee of the Scottish Parliament with an annual report on the progress made in delivering the Action Plan on European Engagement in the Autumn of each year.
The report will assess the impact of the Action Plan, and will explore and illustrate how it has contributed to the Scottish Government‟s purpose and strategic objectives.
It will take time to fully assess the extent to which the activities identified in the Action Plan have contributed to the Scottish Government‟s strategic objectives. The annual report will primarily demonstrate the intermediate impact of the Action Plan, and reflect on any lessons that may further improve effectiveness. We will solicit the views of stakeholders in formulating this annual report.
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MORE INFORMATION
You will find more information about the following organisations and their work by visiting the websites listed below:
Scottish Government European Policy – http://www.scotland.gov.uk/Topics/Government/International- Relations/Europe Scottish Government EU Office Brussels - http://www.scotland.gov.uk/Topics/Government/International-Relations/Europe/Scotland-in-Brussels Scottish Government EU Energy Policy - http://www.scotland.gov.uk/Topics/Business- Industry/Energy/Energy-In-Europe. Scottish Government European and International Law – http://www.scotland.gov.uk/Topics/Justice/legal/17844 Marine Scotland - http://www.scotland.gov.uk/About/Directorates/Wealthier-and-Fairer/marine-scotland
European Commission – http://www.ec.europa.eu European Commission Representation in Scotland - http://ec.europa.eu/unitedkingdom/about_us/office_in_scotland/index_en.htm European Commission Representation in UK - http://ec.europa.eu/unitedkingdom/index.htm
European Parliament - http://www.europarl.org.uk/index.htm European Parliament Office in Scotland - http://www.europarl.org.uk/office/ScotlandOfficeMain.htm European Parliament UK Office - http://www.europarl.org.uk/office/TheOfficeMain.htm
European Council of Ministers - http://www.consilium.europa.eu/cms3_fo/showPage.asp?id=1&mode=g&lang=en
Foreign and Commonwealth Office - http://www.fco.gov.uk UK Permanent Representation to the European Union (UKRep) - http://www.ukrep.be/
Scottish Parliament European and External Relations Committee - http://www.scottish.parliament.uk/s3/committees/europe/index.htm
Scottish Development International – http://www.scottishdevelopmentinternational.com
Scottish Enterprise - http://www.scottish-enterprise.com/
Highlands and Islands Enterprise - http://www.hie.co.uk/
Scotland Europa - http://www.scotlandeuropa.com/
Convention of Scottish Local Authorities - http://www.cosla.gov.uk/
HIPP Ltd – http://www.hipp.org.uk/index.asp
ESEP Ltd - http://www.esep.co.uk/
VisitScotland – http://www.VisitScotland.com
Global Friends of Scotland – http://friendsofscotland.gov.uk
Scottish Environment Protection Agency (SEPA) - http://www.sepa.org.uk/
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CBI Scotland - http://www.cbi.org.uk
Scottish Trades Union Congress (STUC) – http://www.stuc.org.uk
Scottish Council for Development and Industry (SCDI) - http://www.scdi.org.uk/
Scottish Council for Voluntary Organisations (SCVO) – http://www.scvo.org.uk/scvo
British Council in Scotland – http://www.britishcouncil.org/scotland
CONTACT US
Europe Division Scottish Government 2-J (North) Victoria Quay Edinburgh EH6 6QQ
Tel: 00 44 (0) 131 244 0706
Scottish Government EU Office Scotland House Rond Point Schuman 6 (9th floor) B - 1040 Brussels [email protected]
Tel: 00 32 (0) 2 282 8332
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ANNEX A
SCOTTISH GOVERNMENT EU REVIEW AND FORWARD LOOK
AUGUST 2009
This annex to the “Action Plan on European Engagement” sets out recent and future EU engagement activity in the four policy areas in which the Scottish Government aims to play a distinctive role. It also includes a „Forward Look‟ of the key aspects of the Swedish Presidency on which the Scottish Government will focus. These appendices will be updated and published on the Scottish Government website shortly after the beginning of each six month Presidency period.
The first appendix (Appendix I) highlights activity during the first six months of the calendar year in the areas identified in the Action Plan of Energy and Climate Change; Marine Environment; Research and Creativity; and Justice and Home Affairs. The second appendix (Appendix II) sets out the focus of the Swedish Presidency and the key areas for the Scottish Government.
It should be noted that the annex does not cover every item of legislation or policy currently being considered by the EU that is of interest to Scotland, but aims to highlight those which the Scottish Government has identified as key. In addition to the legislation mentioned in the appendices there will be legislative proposals in other areas such as transport and environment where we will engage directly with the EU and work closely with stakeholders and UK Government colleagues as required.
ISBN 978 0 7559 9091 7 (web only publication)
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Appendix I
EU REVIEW AND FORWARD LOOK: UPDATE ON KEY AREAS FOR ENGAGEMENT
ENERGY AND CLIMATE CHANGE
January to June
We have continued to work in Europe to secure Scotland‟s place as a leader in international energy and climate change policy. This included organisation of a major conference and seminar for Sustainable Energy Week in February 2009. During European Sustainable Energy Week, we hosted a series of workshops which the Minister for Enterprise, Energy and Tourism, Jim Mather, chaired in Brussels. These aimed to consider the role that the North Sea and Atlantic regions can play in the development of low carbon and renewable energy infrastructures.
The Climate Change (Scotland) Act 2009 and the Scottish Government‟s Climate Change Delivery Plan, aim to deliver at least 42% emissions cuts by 2020 and 80% cuts by 2050.
The Scottish Government and the Climate Group jointly hosted a seminar in Brussels on 24 June “Connecting to the Power of the Regions”. This explored the role of States and regions in mitigating the impacts of climate change and adapting to it. The seminar attracted speakers from the US, Germany and Spain
On 25 June, the Scottish Government‟s Environment Director attended the EU Environment Council in Luxembourg at which the EU Environment Ministers discussed their approach to the international Climate Change negotiations which will take place in Copenhagen.
We have been working to establish the Scottish European Green Energy Centre (SEGEC) in Aberdeen. SEGEC was officially launched on 17 August and aims to act as a catalyst for the deployment of green energy and research, encouraging and supporting industry to put research into practise so that Scotland, and Europe, can fully benefit from these advances. On 12 June, SEGEC‟s Executive Chairman visited Brussels to speak at a conference organised by the European Policy Centre on Innovation and Creativity as Drivers for Sustainable Development.
A key objective for the Scottish Government is the creation of a North Sea Grid, to allow the export of renewable energy to continental Europe. Building on links with the Commission, the Scottish Government was invited to become part of the European Grid Working Group in early 2009 and attended the most recent meeting of the group on 30 June 2009.
On 30 June, a senior Scottish Government official visited Brussels for talks with the European Commission on energy efficiency covering, in particular, forthcoming revision of the EU Energy Efficiency Action Plan and the Energy Performance in Buildings Directive.
Scotland seeks to play a leading role in the development of carbon capture and storage (CCS) technology and in this connection Scottish Government officials participated in the European Commission‟s Sustainable Fossil Fuels Working Group (the Berlin Forum) meeting in Brussels on 24 March 2009.
The Scottish Government has also been represented by officials at meetings of the North Sea Basin Task Force, one of which took place in Svalbard in Norway earlier this year. We are working on CCS projects. Securing European funding under the Seventh Framework Programme (FP7) could be key to this.
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In mid July three Scottish energy projects were submitted for consideration under the 3.98 million Euro Economic Recovery Package covering offshore wind technology, north sea grid and CCS. Scottish Government officials attended an information day on the package on 3 June.
The Scottish Government led the submission of an application for funding for a project under Intelligent Energy for Europe June 2009. The project will address barriers to the deployment of onshore and offshore wind generation by developing good practice in reconciling objectives on renewable energy with wider environmental objectives and actively involving communities in planning and implementation.
Looking Ahead
The Scottish Government will continue to work with applicants to help secure funding for the above mentioned projects from the EU Energy Programme for Recovery.
The Scottish Government will work closely with staff from the Scottish European Green Energy Centre (SEGEC).
The Scottish Government will seek early and ongoing opportunities to engage with the revised EU Commission directorates and incoming Commissioners.
Scottish Government officials will attend the forthcoming meetings of the Sustainable Fossil Fuels Working Group (Berlin Forum) on 15 September 2009, and the 2009 annual Berlin Forum Plenary Session 12-13 October in Berlin. The Scottish Government and SEGEC hope to become full members of the Berlin Forum at its plenary meeting.
Attend the forthcoming meeting of the North Sea Grid Working Group at the end of September 2009.
Scottish Government officials will attend the annual plenary session of the Zero Emissions Platform in Brussels on 20 October. SEGEC also be seeking membership of the Platform, which is the key industry forum for technological development of CSC, which feeds into the policy discussions in the Berlin Forum. This role will ensure that Scotland‟s companies are properly represented in the development of CCS under the EU strategic Energy Technology Plan.
The Scottish Government will monitor negotiations on the Emissions Trading Scheme New Entrants Reserve – ensuring funding is fairly allocated to CCS and renewables projects and ensuring Member State/devolved administration role in influencing project selection.
Copenhagen Conference Dec 2009 – the Scottish Government will ensure that Scotland‟s voice and energy story is fed into the UK‟s position in the United Nations Framework Convention on Climate Change negotiations and also the intra-EU negotiations.
The Scottish Government will plan its own energy related event in Brussels to mark EU Sustainable Energy Week in early 2010.
MARINE ENVIRONMENT
January to June
Scottish Government EU Engagement has focussed heavily on the Commission‟s Green Paper on Common Fisheries Policy (CFP) Reform. Officials were present at a Hearing in the European Parliament on Reform on 10 February and the Reform Paper was presented to the EU Agriculture and Fisheries Council on 23 April. There was a fuller debate on the Green paper at the Agriculture and
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Fisheries Council on 25 May. Cabinet Secretary for Rural Affairs and the Environment, Richard Lochhead, attended both Councils and also discussed reform with the European Commissioner for Maritime Affairs, Joe Borg, at a meeting on 28 April.
On 16 June the Director of Marine Scotland participated in a podium discussion on CFP Reform in Brussels. Commissioner for Fisheries and Maritime Affairs Joe Borg participated in the same event organised by the European Policy Centre.
Commission activity continued on its Integrated Maritime Policy with Scottish officials attending a workshop in Brussels on 26 February on Marine Spatial Planning – a concept currently being trialled in Scotland. On 18 May, Cabinet Secretary for Rural Affairs and the Environment, Richard Lochhead, spoke at the EU Maritime Day conference in Boddam, Aberdeenshire.
The Deputy Director for Marine Planning and Policy in Marine Scotland attended a meeting with DG MARE Director on 14 July where there were discussions on marine knowledge, marine planning and surveillance.
In April 2009, the Commission published a Communication, designed to give fresh impetus to its Strategy for the Sustainable Development of Aquaculture, an initiative which compliments the work of the Scottish Government. On 23 June, Cabinet Secretary for Rural Affairs and the Environment, Richard Lochhead, attended the Agriculture and Fisheries Council at which Council conclusions on the communication were adopted.
Scottish Government officials have also been active on the Marine Strategy Framework Directive (MSFD) attending EU Working Group meetings on 14 and 15 May in Brussels. The Director of Marine Scotland attended the MSFD Marine Directors meeting in Brno, Czech Republic on 29 May.
On 24 July, a senior Marine Scotland official visited Brussels for talks with the Commission on CFP Reform, The European Fisheries Fund and the end of year Fisheries negotiations.
Looking Ahead
Ministers and officials will maintain engagement on Common Fisheries Policy Reform. A Scottish Government event focussing on output from the Scottish Inquiry into the Future of Fisheries Management is planned for late autumn in Brussels.
The CFP Reform consultation attempts to ascertain how achievement of the objectives set out in the EU Strategy for the Sustainable Development of Aquaculture can be assured through an expansion of the CFP in the area of aquaculture. Marine Scotland officials met with Scottish aquaculture producer bodies on 31 July to discuss their developing views on the reform paper.
Ministers and officials will be active at EU Agriculture and Fisheries Councils (October, November and December) and Working Groups as we move towards the end of year negotiations on fishing opportunities for 2010.
There will be further meetings of the Marine Strategy Framework Directive Working Groups which Scottish Government officials may attend. The Scottish Government is discussing with DEFRA joint working on the socio-economic side of the MSFD and possible work with Sweden.
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RESEARCH AND CREATIVITY
January to June
The University of Edinburgh‟s School of Informatics is building a pan-European consortium to bid for one of the two prestigious Knowledge and Innovation Communities (KICs) that will be established under the new European Institute for Innovation and Technology (EIT). Scottish Enterprise has been providing practical support and Scottish Government officials have been closely monitoring developments and offering assistance where appropriate. The deadline for applications is 27 August 2009.
The Scottish Government has been positioning itself to participate in both formal and informal discussions on the structure, themes and priorities of the 8th Framework Programme for research funding (FP8) in order to ensure that the Scottish research sector can benefit to the greatest possible extent. Officials have made contact with current and future Presidencies of the EU and key officials within the Commission. In addition, Scotland Europa has led on the creation of a working group on the future shape of FP8 within the European Regions for Research and Innovation Network (ERRIN) which will lead to a position paper intended to inform the drafting of the legislation to create FP8.
Scotland‟s higher education sector and the research that goes on within it is supported by participation in the Bologna Process, an initiative of 46 countries to create a European Higher Education Area. Keith Brown, Minister for Schools and Skills attended the Ministerial conference on the Bologna Process on 28th April in Leuven.
Fiona Hyslop, Cabinet Secretary for Education and Lifelong Learning and Michael Russell, Minister for Culture, External Affairs and the Constitution both attended the Education, Youth and Culture Council in Brussels on the 27th and 28th May 2009. Mr Russell led the UK delegation during the discussions on culture, intervening on behalf of the UK on agenda items relating to support for the creative industries.
The Chief Scientific Adviser, Professor Anne Glover, visited Brussels in July to meet senior officials in the Commission to raise the profile of the Scottish research sector and to discuss a number of policy issues, including mechanisms to support research cooperation, management of intellectual property, and the provision of scientific advice to European policy-making.
The Scottish Government has been monitoring closely the various initiatives that are developing to support the creation of a European Research Area (ERA) with a view to ensuring that they take account of the interests and experience of the Scottish research sector and to ensure that Scottish institutions are well informed of developing policy and practice in advance of implementation.
Aside from engagement on general research policy, the Scottish Government has undertaken a number of other activities in relation to issues such as energy and the environment where Scotland‟s strength in research and development has been an invaluable tool. These include the establishment of the Scottish European Green Energy Centre in Aberdeen, described in more detail in the accompanying note on Energy and Climate Change.
Looking Ahead
The First Minister will host an event at Edinburgh Castle on 29 September to celebrate Scotland‟s science and innovation, past, present and future. The audience will include high-profile participants from the European institutions, international companies and major universities and research organisations.
Plans are being developed to host an event in Scotland House on research and innovation as the flagship policy event during Scotland Week in December. The Scottish Government is holding discussions with a number of possible partners. 4
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The Creativity World Forum in Stuttgart from 30 November to 3 December will include a Scottish presence to showcase Scottish creativity and innovation.
The Scottish Government will continue to offer support to the University of Edinburgh‟s bid to lead one of the EIT‟s Knowledge and Innovation Communities.
The Scottish Government will continue to work with Scotland Europa and other partners to ensure Scottish views are incorporated into formal and informal discussions on the 8th Framework Programme for research.
The Scottish Government will seek to develop the capacity of Scottish organisations to respond to European developments in research and innovation policy by working closely with stakeholders in sharing information and supporting engagement.
JUSTICE AND HOME AFFAIRS (JHA)
January to June
During the Czech Presidency, the Scottish Ministers attended all 3 JHA Councils as follows: 26-27 February, the Solicitor General for Scotland; 6 April, the Minister for Community Safety; and 4-5 June, Kenny MacAskill, Cabinet Secretary for Justice. Mr MacAskill also plans to attend the JHA Council in Brussels on 22 September and, during his visit, will host a stakeholder event concerning Scotland‟s contribution to the European legal tradition including the importance of the JHA agenda domestically and in cross-border co-operation. Likewise, the Scottish Government anticipate having Ministerial representation at the JHA Councils in October and November.
EU Justice and Home Affairs issues in general and the EU‟s next JHA multi-annual plan (the Stockholm Programme) in particular are of direct and major relevance to Scotland. The programme is expected to be finalised and adopted by the end of this year. The Scottish Government has therefore kept in close touch with developments relating to the Programme. Our views on the shape and content of the Programme were set out in the Cabinet Secretary for Justice‟s recent letter to the Commissioner responsible for DG Justice, Freedom and Security.
The Cabinet Secretary for Justice also visited Stockholm in June and met the Swedish Justice Minister for discussion of a number of issues including the Stockholm Programme. Scottish Government officials have also taken a substantial and significant part in developing the UK‟s input to the Programme, and have undertaken a wide range of other activities such as discussions with representatives of EU institutions and other Member States and consultation with Scottish stakeholders. Most recently, the Scottish Government‟s Director General of Justice and Communities visited Brussels on 7-8 July for a number of meetings with key interests, such as senior EU officials and a senior representative of the Swedish Presidency.
Looking Ahead
The Scottish Government is continuing to engage with the UK Government on contingency planning for the possible entry into force of the Lisbon Treaty later this year, which will have a major impact on Justice and Home Affairs, for example, through the extension of co-decision with the European Parliament.
The Scottish Government will continue to play a full and constructive part in development of the Stockholm Programme to ensure that Scotland‟s interests are taken into account.
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Scottish Government officials have also participated fully in recent negotiations in Council working groups on various legislative proposals and will continue to do so. In relation to criminal law and police cooperation, these have included proposals concerning the prevention and settlement of conflicts of jurisdiction in criminal proceedings; combating human trafficking and the sexual exploitation of children and child pornography as well as the transfer of criminal proceedings. In relation to procedural rights, Scottish Government officials will also take part in negotiations on the “roadmap” identifying future areas of EU activity and on a proposal for minimum rules on the right of suspects to interpretation and translation. Other proposals likely to be on the horizon include the admissibility of evidence in criminal proceedings and the accreditation of forensic laboratories.
In relation to civil (including family) law, Scottish Government officials have attended recent discussions concerning the review of Regulation 44/2001 on the recognition and enforcement of judgements in civil and commercial matters (“the Brussels I Regulation”). They will also take part in the forthcoming negotiations on the cross-border recognition and enforcement of legal decisions in the area of Succession and Wills and ongoing work to establish a common frame of reference for European contract law. Finally, preparatory work continues for the establishment of an EU e- justice portal by December 2009.
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Appendix II
EU REVIEW AND FORWARD LOOK: FORWARD LOOK TO SWEDISH PRESIDENCY
Introduction
This appendix provides a brief summary of the main areas of interest for Scotland of the Swedish Presidency for the next six months of the year. The Swedish Presidency's work plan will focus principally on climate, the economy and employment, and handling the various institutional changes within the EU. Engagement at Ministerial and official level took place with Sweden in the first half of the year in the run up to it taken over the Presidency. Engagement will continue through the remainder of the year on the issues that are of importance to Scotland. For more information and access to the full programme of the Swedish Presidency visit www.se2009.eu.
Key Dates
1 July 2009 Swedish Presidency begins 14 July 2009 European Parliament new mandate 5-8 October 2009 Committee of the Regions Open Days 5-6 November 2009 European Council Summit 9 November 2009 Fall of Berlin Wall: 20th Anniversary 7-18 December 2009 UN Climate Change Conference in Copenhagen 17-18 December 2009 European Council Summit
Link to Council meeting dates: http://www.se2009.eu/en/meetings_news
The next six months
Swedish Presidency, 1 July 2009 Sweden took over the Presidency from the Czech Republic on 1 July 2009. The main focus of the Swedish Presidency is on Climate Change and ensuring agreement is reached at the UN Climate Change conference to be held in Copenhagen in December 2009. Other priority issues include: employment, growth and competitiveness (the Lisbon Strategy), emphasis on a more “secure” and “open” Europe, seeing the EU as a global actor and encouragement of EU enlargement, the Budget Review and finalising the new Justice and Home Affairs Programme for 2010-2014.
European Parliament
Following elections across the 27 Member States from 4-7 June 2009 the new European Parliament started its mandate for the next five years on 14 July 2009 and saw a reduction in the number of MEPs from 785 to 736. There are now six Scottish MEPs and they are:
Ian Hudghton, SNP (returning), Committees: Fisheries, Regional Development, Substitute on Internal Market and Consumer Protection George Lyon, Liberal Democrat (new), Committees: Agriculture and Rural Development, Substitute on Internal Market and Consumer Protection David Martin, Labour (returning), Committees: International Trade, Substitute on Human Rights Alyn Smith, SNP (returning), Committees: Agriculture and Rural Development, Substitute on Constitutional Affairs and Culture and Education Struan Stevenson, Conservative (returning), Committees: Vice Chairman on Fisheries, Substitute on Environment, Public Health and Food Safety
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Catherine Stihler, Labour (returning), Committees: Internal Market and Consumer Protection, Substitute on Economic and Monetary Affairs
In due course, subject to ratification of the Lisbon Treaty, the Parliament will consist of 751 seats, including 73 from the UK.
The first business of the Parliament took place in July at the plenary session in Strasbourg where the new European Parliament President was elected - Jerzy Buzek (EPP, Poland). The Parliament has also allocated 14 Vice presidents, 5 Quaestors and assigned MEPs to committees. The Parliament is in recess through August with the next plenary session starting mid September. In the autumn, the Parliament will approve the new European Commission President and college of Commissioners. We will continue to work closely with Scottish MEPs and look for opportunities to engage more fully with the new MEPs in their capacity as Committee members dealing with issues of relevance to Scotland. This will include Ministerial meetings, Scotland in Europe and the Elected Members European Network (EMILE).
The Lisbon Treaty
Last year saw ratifying the Lisbon Treaty as a key objective for both the Slovenian and French Presidencies. Following the Irish no-vote in June 2008, this is still a very topical issue. It has now been agreed that there will be a second referendum in Ireland due to take place in Autumn 2009 (possibly 2 October) and subject to a „yes‟ vote taking place full Treaty ratification would follow either late in 2009 or early 2010.
New College of European Commissioners
According to the Treaty of Nice, it was envisaged that the first Commission to be appointed after the number of Member States reaches 27 would, subject to a unanimous decision of the Council be reduced to less than the number of Member States. However, following the European Council in Brussels in December 2008, the Council has agreed that, subject to ratification of the Lisbon Treaty, a decision will be taken to enable the Commission to continue to include a national from each Member State. The President of the Commission is proposed by the European Council then the candidate must be approved by the European Parliament by a majority vote. It is then up to the new Commissioner President to choose Commissioners which must be accepted by the Council and the Parliament. This process is expected to take place in the autumn of 2009.
Budget Approval
The Commission has presented its proposal for the 2010 budget for the EU (called the “Preliminary Draft Budget”). The Budget needs approval between September and December 2009 by the Council and the European Parliament.
Issues of importance for Scotland in 2009
Over the next six months, the key areas the Scottish Government will focus on in the European Union are:
Economic Recovery Plan - the Commission issued this plan last year, which was then agreed by the European Council in December.
Financial Services Reform
Energy Policy - high on the EU political agenda. Energy efficiency will be a key priority for the Swedish Presidency as will security of supply. 8
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Common Fisheries Policy (CFP) – to include the end of year fisheries negotiations and the CFP Reform Green paper (which focuses on the CFP post 2012).
EU Budget Review – the Commission is expected to publish its response to the consultation on EU Budget Reform in the latter half of the Swedish Presidency.
Cross-Border Healthcare - first reading approved in March and to be followed up in the new European Parliament term.
Common Agricultural Policy (CAP) - the on-going debate will continue though the Presidency, emphasis will be on agriculture and climate change.
Research – on-going developments of the European Research Area (ERA) and start of discussions on the main themes of the 8th Research Framework Programme (FP8).
Territorial Cohesion – consultation on the Green Paper closed at the end of February.
Lisbon Strategy post 2010 – a strategy will be developed setting out long term measures to encourage economic growth.
The Stockholm Programme – finalisation of the new Justice and Home Affairs Programme for 2010-2014.
ECONOMIC AND FINANCIAL AFFAIRS
The Commission published a European Economic Recovery Plan in November 2008 which was agreed in December 2008 by the European Council. The Swedish Presidency will continue to take forward the plan which aims to offset the recession by reducing its impact on employment and improve competitiveness and was begun under the French and Czech Presidencies. Measures in the plan include provision to provide support to small and medium size enterprises, including increasing funding available from the European Investment Bank (EIB) and greater flexibility through the use of EU funds and application of the Temporary Framework for State Aid Measures to Support Access to Finance in the Current Financial and Economic Crisis.
The Commission‟s response to the EU Budget Review has been delayed and is now expected towards the end of 2009. The delay may make it difficult for the Swedish Presidency to make progress towards any fundamental budget reform, but it is expected that it will seek to open the debate as soon as possible after the Commission has published its report. Discussions on matters such as the future of cohesion policy will continue within the framework of the budget review.
Work will be taken forward on supervision of financial services. The de Larosière Group reported in the first quarter of the year and in response to the report the Commission announced that it would bring forward legislative proposals to establish a joint EU body for macro-financial supervision. In addition it is also proposed that three further EU authorities will be established with a particular responsibility of ensuring improved functioning of supervision of cross-border financial groups in Europe. It is the intention of the Swedish Presidency to reach political agreement on these proposals by the end of 2009.
COMPETITIVENESS
The Presidency will take forward the discussion on the future of the Lisbon Strategy beyond 2010 for the period up to 2020. Its aim will be to support the debate on the setting of new priorities in the light of the current economic situation and work towards agreement on the long term measures that will encourage the recovery for economic growth in the EU. 9
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Improving Better Regulation, reducing administrative burden and providing better access to funding for small and medium sized enterprises (SMEs) will be an important part of the Presidency‟s strategy to make day-to-day running easier for companies. In addition the Presidency will seek to encourage SMEs to participate in the public procurement process and make it easier for women to set up and run their own business.
The Swedish Presidency will attempt to break the deadlock on the development of a Community patent, which is seen as an important requirement to fully realise the Lisbon Strategy goal of a competitive, knowledge-based economy. The proposal for a Community patent has been on the negotiating table since 2004 but has become blocked in the Council on the question of the language regime.
TRANSPORT
The Presidency will focus its work on transport towards a sustainable and eco-friendly transport system for the future. In doing so it will give priority to discussions following on from the Commission Green Paper on the Trans-European Network (TEN-T), green corridors and more efficient use of air space. Proposals to ensure railway networks for competitive freight transport and a European maritime transport area without borders will be considered. It is also hoped that progress may be made on the Action Plan for Urban Mobility.
TELECOMMUNICATIONS
The Presidency will focus on how IT can contribute to the competitiveness of the EU and its work in this area will reflect this. The Presidency will also work towards ensuring that the revised regulatory framework for electronic communications in the Telecom Package is approved during the autumn.
COHESION POLICY
The Presidency intends to continue the debate on the aims, strategies and priorities related to the development of the Economic and Social Policy of the EU and in particular the shape of Cohesion Policy beyond 2013. This work will be taken forward alongside the consultation on Territorial Cohesion, which will continue in the autumn. Focus will continue around closure of the 2000-06 European Structural Funds‟ programmes and ensuring that take up of funds available for the current programme period of 2007-13 are maximised by Member States.
CLIMATE CHANGE AND ENERGY
The UN Climate Change Conference scheduled for December in Copenhagen will be the focal point of the Swedish Presidency on Energy and Climate Change Policy. This is where countries of the world will attempt to conclude a deal on reducing global greenhouse gas emissions up to 2020 (agreement of the so called post Kyoto Treaty). Under the 2008 French Presidency Heads of Government signed up to a deal committing the EU to 20% CO2 reductions by 2020. However, this would increase to 30% if a global deal were to be struck. The Swedish Presidency will negotiate on behalf of the EU at the talks and has produced a comprehensive programme of activity in the run up to them which will include brokering agreement on an EU financing package to enable developing countries to set ambitious emissions targets.
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ACTION PLAN ON EUROPEAN ENGAGEMENT EU/S3/09/11/1 JANUARY – JUNE 2009 Annexe A
The Copenhagen Conference was at the forefront of thinking of those attending the EU Environment Ministers Informal Meeting in Are, Sweden on 24-25 July where the move to an eco-efficient economy was the theme in recognition of the importance that greening the economy can play in stimulating economic growth. Environment and Energy Ministers had a joint session at the Informal to consider the better coordination of policy agendas in the fields of climate change, energy efficiency, competitiveness and innovation. Climate Change will also be the central theme of the Informal Council of Agriculture Ministers in Sweden 13-15 September.
Regulation of industrial emissions is a key component of the strategy to mitigate the impacts on Climate Change. The Czech Presidency was successful in securing political agreement of the Industrial Emissions Directive (IPPC) in June, a complex dossier which will bring together seven individual directives into one overarching one. It will now fall to the Swedish Presidency to take the issue forward towards conclusion of a deal with the European Parliament which has already completed its first reading of the proposals.
The European Commission and a number of other Member States are increasingly making the link between the protection of biodiversity and Climate Change. A major UN conference will take place in October 2010 to establish the extent to which countries of the world have been successful in protecting global biodiversity and the EU will produce its own Vision next spring. To prepare the ground, the Swedish Presidency will be active in developing ideas about how biodiversity targets should be set in future. A Conference on Visions for Biodiversity Beyond 2010 will be held from 7- 9 September in Stromstad Sweden.
On energy policy the Czech Presidency successfully brokered agreement on an EU Economic Recovery Package in April which will make some 3.98 Million Euros available to a range of energy projects covering renewables and Carbon Capture and Storage. Scottish bids for funding are being prepared in the areas of offshore wind renewables, offshore transmission grids and carbon capture and storage.
The Swedish Presidency will continue the work of the Czechs in taking forward the Second Strategic Energy Review which focuses on Security of Supply. A major focus however will be on the promotion of Energy Efficiency, key to both supply security and climate issues. In this vane the Presidency will seek Environment Council agreement (most likely at the December Council) on a recast of the Energy Performance in Buildings Directive, the Energy Labelling Directive and a Directive on the Energy Labelling of Tyres.
Towards the end of the year the Commission will come forward with a Revised Action Plan on Energy Efficiency which Energy Ministers will have the opportunity to discuss at the December Energy Council. The plan will seek to set out how 20% efficiency targets are to be realised. At the Energy informal in Ara on 23-24 July the Energy Ministers will focus on the question of how to move to an eco efficient economy with the emphasis on efficient energy systems.
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ACTION PLAN ON EUROPEAN ENGAGEMENT EU/S3/09/11/1 JANUARY – JUNE 2009 Annexe A
MARINE ENVIRONMENT
The Swedish Presidency has identified the protection of the Marine Environment as a key strategic priority. There will be a particular focus on the development of an EU Strategy for the Protection of the Baltic Sea, where the degradation of the marine environment is particularly serious. Although not directly relevant to Scotland, the work it generates may have implications for marine management elsewhere including for example in the North Sea.
Fisheries Management issues will also be key. The Czech Presidency facilitated the opening debate between EU Fisheries Ministers on the European Commission‟s Green Paper on reform of the Common Fisheries Policy in April. This paper is the beginning of a process which the Commission hope will deliver a quantum leap change in the way we manage our collective fisheries post 2012.
The Minister for Rural Affairs and the Environment has continued to attend the Agriculture and Fisheries Council on a regular basis and will do so again during the Swedish Presidency. The Swedish Presidency will carry on this debate throughout the year until the end of the formal consultation phase in December. Formal proposals will be presented by the Commission in 2011.
The Swedish Presidency will also be looking to seek agreement on a new fisheries control system in the autumn and the allocation of fishing opportunities for 2010.
AGRICULTURE
The Swedish Presidency will aim to achieve agreement on a new regulation on food information. Several animal welfare proposals are also in the pipeline including one on animal transportation (of key interest to Scotland) and another on animals used for scientific purposes. Problems in the dairy sector will be a key theme during the Swedish Presidency.
JUSTICE AND HOME AFFAIRS (JHA)
Under the Swedish Presidency the overall vision in the field of JHA is a more secure and open Europe (www.se2009.eu/polopoly_fs/1.5783!menu/standard/file/ju_ordfbroschyr_eng_webb.pdf). The Swedish Presidency‟s top priority will be to secure agreement to the “Stockholm Programme” which will set out the direction of EU JHA policy for 2010-2014. The Commission issued a Communication on 10 June 2009 which sets the scene for the Council‟s negotiations over the coming months (http://ec.europa.eu/commission_barroso/barrot/archive/Programme%20Stockholm-%20EN- %20COM%202009-262.pdf). The Swedish Presidency‟s objective for the Stockholm Programme is to ensure a better balance between measures to safeguard security and measures to preserve the rights of the individual.
Subject of course to its ratification by remaining Member States, the Presidency will continue preparations for the implementation of the Lisbon Treaty. This will have significant implications for Justice and Home Affairs especially in relation to criminal law and policing which will become subject to co-decision with the European Parliament and qualified majority voting in the Council of Ministers.
In relation to criminal law and police cooperation, the Council agreed during the Czech Presidency a general approach for a Framework Decision on the prevention and settlement of conflicts of jurisdiction in criminal proceedings. Subject to consultation with the European Parliament this should be adopted later this year. The fourth round of mutual evaluations about the practical application of the European Arrest Warrant has also been completed, whilst a first reading agreement with the European Parliament has been reached on a Directive on criminal sanctions for ship-source pollution.
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ACTION PLAN ON EUROPEAN ENGAGEMENT EU/S3/09/11/1 JANUARY – JUNE 2009 Annexe A
Negotiations will continue during the Swedish Presidency on two Commission proposals on combating human trafficking and the sexual exploitation of children and child pornography. The Swedish Presidency has recently issued a proposal to facilitate the transfer of criminal proceedings between EU Member States. Moreover, in the area of procedural rights, apart from launching a roadmap on future EU measures, negotiations will begin for minimum rules on the right of suspects to interpretation and translation.
Following the expected publication of a Commission Green Paper during the autumn, negotiations will begin on a proposal on the admissibility of evidence in criminal proceedings. Similarly, negotiations will also begin on a proposal to make the accreditation of forensic laboratories obligatory throughout the EU. With regard to victims of crime, the Swedish Presidency will be seeking to adopt Council conclusions identifying further measures to enhance assistance to crime victims. It will also oversee the implementation of the new legal framework for Europol and development of the new Schengen Information System (SIS II) which facilitates, inter alia, police alerts on missing persons. More generally, a new strategy will be proposed for better exchange of information between police and prosecution authorities.
In relation to civil (including family) law, during the Czech Presidency the Council agreed on procedures for the negotiation and conclusion of bilateral agreements between Member States and third countries concerning conflicts of law issues both in matrimonial cases and contractual/non- contractual cases. In addition, the Council adopted guidelines on a common frame of reference for European contract law and work will continue to take this project forward. The Council is also considering the Commission‟s recent report reviewing the operation of Regulation 44/2001 on the recognition and enforcement of judgements in civil and commercial matters (“the Brussels I Regulation”) in advance of a future Commission proposal to amend this. Negotiations will also begin on a forthcoming Commission proposal on the cross-border recognition and enforcement of legal decisions in the area of Succession and Wills.
On e-justice, work continued under the Czech Presidency to implement the recent Action Plan and to establish an e-justice portal by December 2009 which will provide a range of information on EU JHA matters. This will remain the Swedish Presidency‟s key priority. The Council has also recently adopted a manual to promote the greater use of video-conferencing in cross-border cases.
The fight against terrorism with an emphasis on radicalisation and recruitment and other serious crime is a priority issue for the Swedish Presidency. There will also be an initiative to strengthen the European Crime Prevention Network and to develop an action plan for measures against chemical, biological, radioactive and nuclear threats and risks.
Turning to asylum and migration issues, the Swedish Presidency will continue work to develop a common asylum system, a common resettlement scheme and the introduction of a Visa Information System.
Finally, as regards External Relations, the focus will be on developing a strategy for strengthening co-operation with third countries, concerning among other things, migration, human trafficking and the fight against organised crime.
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ACTION PLAN ON EUROPEAN ENGAGEMENT EU/S3/09/11/1 JANUARY – JUNE 2009 Annexe A
EDUCATION, YOUTH AND CULTURE
On education policy, the Swedish Presidency will concentrate on addressing the professional development of teachers, holding an informal Council of Education Ministers on the topic. Work will also continue on the integration of migrants through the education system.
Increasing the participation of young people will be a theme that cuts across several policy areas during the Swedish Presidency, including discussions on a framework on new common goals and priorities for youth policy cooperation in the EU from 2010. Stimulating creativity among young people will be the main priority of action in the fields of culture and media.
RESEARCH
The continued development of the European Research Area (ERA) is seen by the Commission and the Swedish Presidency as an important contributor to the objectives of the Lisbon Agenda for growth and jobs. The Swedish Presidency will propose improved governance mechanisms for overseeing the development of the ERA, while implementation of specific initiatives such as joint programming and European research infrastructures will continue.
The Presidency will place an emphasis on the importance of the knowledge triangle (business, education and research) in stimulating the development of sustainable competitiveness and will submit a contribution to a European Innovation Plan.
EMPLOYMENT AND SOCIAL POLICY
The Swedish Presidency will place a particular emphasis on strengthening gender equality and improving protection against discrimination, aiming for decisions before the end of the year on the directive on equal treatment of self-employed women and men and measures to improve health and safety in the workplace for workers who are pregnant, have recently given birth or are breastfeeding. A decision may also be reached on the directive on the equal treatment of persons irrespective of religion or belief, disability, age or sexual orientation.
HEALTH
The Swedish Presidency will continue negotiations on a number of public health dossiers which they inherit from the Czech Presidency. The most significant of these include the directive on patient mobility, the pharmaceuticals package, and a decision on the development of new antibiotics in the context of increasing antibiotic resistance. The Presidency will continue work on strengthening cooperation on eHealth and introduce coordination and cooperation initiatives to promote more healthy and dignified ageing.
There will be a renewed focus on the implementation of the EU alcohol strategy for the prevention of alcohol-related harm, with the Commission due to present its first progress report on the implementation of the strategy at national and European level.
The Presidency will also continue to monitor the EU's response to the influenza A (H1N1) pandemic. A conference of experts on communicable diseases is planned to discuss possible future measures, building on the Extraordinary Meeting of Health Ministers held by the Czech Presidency in Luxembourg on 30 April which was attended by the Minister for Public Health and Sport.
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EU/S3/09/11/1 Annexe B SCOTTISH GOVERNMENT’S EUROPEAN PRIORITIES
Table showing revised European priorities, October 2008:
WEALTHIER SAFER AND GREENER HEALTHIER SMARTER AND FAIRER STRONGER SCOTLAND SCOTLAND SCOTLAND SCOTLAND SCOTLAND Community European Internal and Strategic Energy EU Succession Framework for Institute of External Fisheries Technology and Wills Safe and Innovation and Negotiations Plan Proposals Efficient Health Technology Services Exchange of Better Regulation Information Climate Change Agenda from Criminal Records European Integrated e-Justice Structural funds Maritime Policy Common Review of the European Agricultural Policy Cod Recovery Judicial Reform (Health Plan Network Check) EU Animal Health Thematic Strategy 2007 - Strategy and 2013 Framework Directive on Renewal of the EU Protection of Aquaculture Soils Strategy
Financial Services European Commission State aid investigation into support for ferry services in Scotland Strategic Energy Review
EU/S3/09/11/2
European and External Relations Committee
11th Meeting, 2009 (Session 3), Tuesday, 29 September 2009
Brussels Bulletin Special Edition
Background
1. At its meeting on 9 September 2008 the Committee agreed to the introduction of ‘special edition’ themed Brussels bulletins. It was recognised that such bulletins would allow for a more in-depth focus on key themes.
2. It was agreed that the special edition bulletin would include a brief overview of the theme from the European Officer and then include a series of articles by the key EU policy actors (e.g. relevant Commissioner and Commission staff, Parliamentary Committee chairs and MEPs, representatives of the rotating Presidency). Other contributions could be invited from stakeholder groups, NGO’s, regional representations and the Committee of the Regions members.
3. The third special edition addresses the views of the new Scottish MEPs on the key issues of importance to Scotland likely to emerge within the new parliamentary term. The Special Edition Brussels Bulletin on views of the Scottish MEPs is attached as Annexe A. The MEPs have been invited to give oral evidence to the Committee by video conference at the next meeting of the Committee on 3 November.
Recommendation
4. The Committee is invited to note the Special Edition of the Brussels Bulletin and agree to forward it to the relevant subject committees.
Committee Clerk September 2009
1
SUPPLEMENT SEPTEMBER 2009
IN THIS SUPPLEMENT: The new Parliament
Introduction. Over the past 30 years, The view from Scotland’s MEPs since the first EU elections, the European Parliament has gained in power. The Alyn Smith reforms embedded in the Lisbon Treaty Ian Hudghton would see these powers extended still Struan Stevenson further, with co-decision becoming the George Lyon ‘ordinary legislative procedure’. Despite Catherine Stihler the increase in power and influence of the Parliament, voter turnout continues to fall, David Martin while many European citizens still see the ballot as a national poll on the success or Contact details otherwise of the party in government.
The Political Groups. The new Parliament has 736 MEPs in total (down Confederal Group of the European United from 785 in the last Parliament) of which Left/Nordic Green Left (GUE/NGL) has 32 72 are from the UK. Following the June MEPs. Together they have 30% of the poll, there are now seven political groups voting power of the Parliament
in the Parliament (see table on page 2). The Alliance of Liberal and Democrats for Political groups are different from political Europe (ALDE), which includes the UK parties, since they must cross national Liberal Democrats, obtained 84 seats, boundaries. The groups therefore can while the Greens/European Free Alliance unite a diverse range of parties. Group (which includes the SNP) has 53
The new Parliament is dominated by MEPs. parties of the right - the European People’s Party (EPP), the new group of Prominent British MEPs. Within the European Conservatives and Reformists different political groups, three UK MEPs (ECR) which the British Conservative Party have been elected to senior positions: founded, and the Europe of Freedom and Nigel Farage chairs the EFD Group; Democracy Group (EFD) together Stephen Hughes (S&D, UK) as Vice- constitute almost 50% of the seats. President of the S&D group responsible for economic and social policy; and Jill Evans The Alliance of Socialists and Democrats (Greens/EFA, UK) as First Vice-President in Europe (S&D), which includes the of the Greens/EFA group. British Labour Party, has 161 MEPs (down from 215 in the previous Parliament). The
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Number % of Political group of seats seats Group of the European People's Party (Christian EPP 265 36 Democrats) Group of the Progressive Alliance of Socialists and S&D 184 25 Democrats ALDE Group of the Alliance of Liberals and Democrats for Europe 84 11.4 GREENS/ Group of the Greens/European Free Alliance 55 7.5 EFA ECR European Conservatives and Reformists Group 54 7.3 Confederal Group of the European United Left - Nordic GUE/NGL 35 4.8 Green Left EFD Europe of Freedom and Democracy Group 32 4.3 NA Non Aligned 27 3.7
Two of the Parliament’s Vice Presidents are British, Diana Wallis (ALDE) and The New Parliament supplement. The Edward McMillan Scott (NA). purpose of this supplement is to provide an opportunity for each of Scotland’s Two of the Parliament’s 24 committees Members of the European Parliament to are chaired by British MEPs: Sharon outline what they consider to be the key Bowles (ALDE) chairs the Economic and issues of importance to Scotland likely to Monetary Affairs (ECON) committee and unfold over the next Parliamentary term. Malcolm Harbour (ECR) chairs the Internal Market and Consumer Protection (IMCO) The following articles by Scotland’s MEPs committee. are wide-ranging in their scope and analysis. Certain key issues do appear Scottish MEPs. Scotland’s representation throughout the submissions though, in the European Parliament fell from seven including: to six at the June election. • The implications of the Lisbon Treaty for the Parliament and the The party representation is: EU; • Scottish National Party • Climate change and energy Alyn Smith and Ian Hudghton security; • Reform of the CAP and the CFP; • Scottish Labour Party and Catherine Stihler and David Martin • The likely implications of budget • Scottish Conservative Party reform. Struan Stevenson
• Scottish Liberal Democrats Dr Ian Duncan George Lyon. Scottish Parliament Office
Brussels
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ALYN SMITH MEP
Scottish National Party
First elected to Parliament 2004
Member Agriculture & Rural Development Committee
Substitute Member Culture and Education Committee Constitutional Affairs Committee
Scotland in Europe 2009 – 2014 streams.
2009 to 2014 will be no quiet time for My focus remains Agriculture, as a the European Parliament. Negotiation of continuing full member of the Agriculture the 2013 budget, drastic overhaul of the Committee. Although the Common Common Agricultural Policy and the Agricultural Policy’s dominance over EU possible changes that will come into spending is likely to decrease from its force should the Lisbon Treaty be ratified current level of over 40 percent of the are only a few of the massive total budget with the next set of transformations on the horizon for the reforms, it remains an important focus European Union. With a recession for Scots with our prominent agricultural impacting on all of the EU’s member sector. Certainly it will be high on my states, competition over funding will be priorities as the discussions in the even fiercer than usual and Scotland’s Agricultural Committee gear up towards representatives have to be on the ball to this. Scotland’s rural economy has ensure that this country receives the unique needs and it is vital that our best possible deal. specific interests are addressed in EU reforms. Any reforms should put food With the accession of the newest production and other public benefits at member states, the division of European their core. The SNP position is clear - the funding has swung eastwards. The UK government must rethink their structural fund programmes which have preference for phasing out pillar 1 of previously been of such huge benefit to CAP support. the development of deprived pockets of Western Europe are now working their Certainly, the possible ratification of the magic on the other side of the EU and Lisbon Treaty will alter the political are likely to remain there until current landscape of the European Union in no regional disparities have evened out. So small way. The introduction of co- with this reduction in budgets available decision as the ordinary legislative to Scotland, greater emphasis is placed procedure of the Agriculture Committee on accessing alternative funding will hand the committee increased
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authority as a joint legislator on reforms to this policy. I was a full agriculture, putting Scotland’s MEPs in a member of the Delegation for Relations key position to fight for the best possible with EEA/EFTA in the last mandate, and deal for this country. Co-decision is continue my membership there, albeit is though something of a double edged as substitute member I envisage sword as we will likely spend more time continuing an active interest in our submerged in the minutiae rather than closest European, albeit not EU, the big picture, so we watch Ireland with neighbours. As a new full member of interest and envy a country considerably the Delegation for relations with the smaller than Scotland having such clout. Arabian Peninsula I look forward to building contacts there with fellow oil On a wider note, whatever happens in producing states, and having grown up Ireland there will be I believe a need for in the Middle East have at least some acclimatising and adapting - as the familiarity with the political geography of mechanics change between the different the region, if not yet the Delegation bodies of the EU then there will need to itself. be a certain degree of fine tuning, probably both formally and informally, Energy policy will of course remain a as the institutions interpret the core focus, albeit I have relinquished my legislation and get to grips with their membership of the Energy new roles. As a new alternate member Committee. Of crucial importance to of the Constitutional Affairs Committee I Scotland in this unsettled economic should have some locus to get into these climate is the creation of the North Sea logistical issues. Likewise, as a new Supergrid, and other practical ways we alternate member of the Education and can use the EU's wider objectives to Culture Committee I am looking to get assist the kicking on of Scotland's green into ERASMUS and other exchanges, as I power revolution. Scotland has won the believe Scotland could yet do green energy lottery in terms of the considerably better than we do to access renewable options open to us – what I these budgets; and cultural policy is an now want to see is the Scottish area where I think Scotland has a great Parliament being given the power to deal to give as well as learn from our make the most of our potential. colleagues and friends.
The next five years may also see the entry of Iceland into the EU. Personally I would be delighted to see Iceland join our family of nations, and I am sure that their accession would be all but a formality, except for the EU's disastrous fisheries policy. However, the consultation on the Green Paper on the future of the Common Fisheries Policy offers us scope for major changes and with the added incentive of possible Icelandic membership, I hope the European Commission make good their previous murmurings on significant
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IAN HUDGHTON MEP
Scottish National Party
First elected to Parliament 1998
Member Fisheries Committee Regional Development Committee
Substitute Member Internal Market and Consumer Protection Committee
Shortly after the June elections, 736 for the EU to return management MEPs from 27 EU Member States met in powers over fisheries to Europe's Strasbourg to kick start another five- maritime nations. year legislative term. The occasion Even the European Commission now marked the 30th anniversary of the first admits that root and branch reform is direct elections to the European necessary. The challenge for Scotland is Parliament, held in 1979, in which to make our input result in a radical shift Winnie Ewing memorably won the of power away from the over centralised Highlands and Islands constituency. CFP to management power resting with The role of the European Parliament has Europe's fishing nations, working strengthened significantly over those 30 together to conserve the resource for years, with full co-decision power in their own long term benefit. many policy areas meaning that our Plans to engage with national input ranks equally with the Council of parliaments are welcome and would Ministers. If the Lisbon Treaty is allow parliamentarians from Europe's eventually adopted co-decision powers fishing communities to have their say. In will be extended to many more Brussels the term ‘National’ parliaments competences, including Agriculture and is usually taken to mean member state Fisheries policy. parliaments. I will be demanding that
Our Fisheries Committee intends to the Scottish Parliament's voice is directly organise a joint meeting with relevant heard in Brussels in the coming CFP committees from ‘National’ parliaments debates, on behalf of our fishing throughout the EU, as part of the communities. ongoing Common Fisheries Policy The Internal Market & Consumer review, which of immense importance Protection Committee will soon be Scotland's coastal and island considering a proposed Directive communities. After over three decades designed to reduce late payments of of failure, I firmly believe that it's time
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invoices, and to discourage such late 3.5 tonnes, supposedly to 'internalise payments especially in cross-border the external costs' of air pollution, noise commercial transactions. Most pollution and, to a limited extent, businesses will be only too well aware of congestion. The amount charged would the problems caused by late payment of vary according to factors like the time of money due for goods or services. day and the type of road, with maximum Although much of the necessary action caps to the charge. can and should be taken at domestic Eurovignette is basically a policy level within Scotland, or the UK, there designed for central Europe, which gets are many traders around Scotland, for a lot of "through" freight traffic, and thus example in food and drink industries, a differentiated charge may be quite who sell across the EU market place. useful for alleviating their problems. On The Committee is also about to begin the other hand, it is not so good for work on important legislation on countries like Scotland, where "through" consumer rights in general. The traffic is not a big issue, and where European Commission has proposed a hauliers have to travel longer distances Consumer Rights directive which will on domestic routes. A charge thus affect some 500 million consumers would add to the (already higher) across the EU. It is right that action is haulage costs and put our hauliers at a taken at the EU level as, with increased competitive disadvantage. mobility as well as the popularity of I have argued against the proposal, not online shopping, consumers are least because I believe that decisions on increasingly entering into transactions of these matters should be made at a local a cross-border nature. level, not European, and that in our case Nevertheless, domestic consumer charging is simply the wrong approach. legislation still plays a vital role in At First Reading, MEPs voted to keep protecting members of the public. Local such charges voluntary, not mandatory, trading standards officers for example but we must remain alert to the are often in the frontline of consumer interests of rural and island Scotland as protection. Their role is an important the debate trundles on. one and, while EU initiatives are welcome, consumer laws should also reflect more localised needs. As the EU gets down to revising consumer laws, it's time for the Scottish Parliament to gain full powers over this important area. Consumer protection already operates within the separate Scottish legal system, so it seems logical that Holyrood controls the national policy detail.
The current revision of the 'Eurovignette' directive has passed First Reading in the European Parliament. The idea is to levy charges on heavy goods vehicles of over
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STRUAN STEVENSON MEP
Conservative Party
First elected to Parliament 1999
Member Fisheries Committee (Vice President)
Substitute Member Environment, Public Health and Food Safety Committee
Following the June elections, the new A ‘yes’ vote would see the Lisbon Treaty parliamentary session is in full swing. come into force on 1st January 2010, With six plenary sessions before provided it is finally signed off by the Christmas, there is plenty on the agenda Presidents of Germany, Poland and the for the European Parliament’s 736 Czech Republic, who have so far elected MEPs. withheld their signatures despite parliamentary approval in those High on the programme is the imminent countries. If adopted this time round, it need to appoint a new Commission will have massive implications on President and a new team of 26 Member States and will transfer a raft of Commissioners. The Portuguese new legislative powers to Brussels. Conservative, Jose Manuel Barroso, is front-runner to be elected president of The Lisbon Treaty, previously known as the Commission for his second the European Constitution, will transfer successive 5-year term. Additionally, exclusive legislative powers on a number MEPs will attend the Copenhagen climate of key sectors including fishing. Much summit in December to agree a deal on fisheries policy will therefore fall outside limiting CO2 emissions. We also have the jurisdiction of individual Member key debates underway on the Common States, with many decisions continuing Agricultural Policy budget and the to be made by the Council of Ministers. redefinition of less favoured area For many Scottish fishing communities support schemes as well as the complete this would be the final nail in the coffin reform of the Common Fisheries Policy. for an industry that has suffered years of But, the big issue instrumental in quota cuts, catch restrictions, de- shaping European politics this year and commissioning, lay-offs, tie-ups, beyond will clearly be the Lisbon Treaty. emergency closures and redundancies. All eyes will be focused on Ireland as it There is a long overdue opportunity for a takes to the polls on the 2nd October in radical overhaul of the management its second referendum. regime which has seen thousands of
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Scottish jobs destroyed. in order to construct giant wind-turbines is
The publication of the European wholly counter-productive and can lead to Commission’s Green Paper on the future the release of more CO2 into the of the Common Fisheries Policy in April of atmosphere than the wind farms will ever this year has clearly indicated that the save. Proper siting of wind farms will have to become a priority. micro-management by Eurocrats has failed. A revamp of the fishing industry is Furthermore, Europe will play a key role in needed. the Copenhagen Climate Change
With the public consultation in full flow, Conference in December. The conference the reform aims to address the problems will focus on agreeing a new climate facing Scotland and Europe’s fishing change treaty as a successor to the Kyoto industries. protocol. The first phase of Kyoto expires in 2012. By working closely with those in the industry we can ensure that the policy is There is clearly a lot to do in this current easier to administer. Our role as MEPs session. We are already driving a number should always be to help the free flow of of key issues through Parliament. The trade and it should be up to the fishermen Lisbon Treaty, however, will certainly to manage and control their day to day dominate the headlines for the business. foreseeable future.
External factors such as climate change, which has already brought about an increase of 1 degree C in the temperature of the North Sea, according to a recent report published in the Proceedings of the Royal Society Biological Sciences Journal, will play a crucial role in fisheries policy.
Climate change is one of the biggest challenges currently facing mankind. Scotland has the opportunity to lead the way in setting the climate change agenda and will be instrumental, with the EU, in achieving the European Parliament’s Climate and Energy Package targets by 2020. Scotland’s natural resources could generate over a quarter of the EU’s wind, wave and tidal power with Scotland already surpassing its target of 31% of electricity generated from renewables by 2011.
However, the Scottish government needs to take a more co-ordinated approach to the siting of wind farms. Destroying large tracts of forestry and disturbing peat bogs
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GEORGE LYON MEP
Liberal Democratic Party
First elected to Parliament 2009
Member Agriculture & Rural Development Committee
Substitute Member Internal Market and Consumer Protection Committee
Being elected as Scotland’s Liberal out for.
Democrat representative in Europe is both Take climate change as an example. As an honour and great responsibility. As the Scotland’s liberal MEP I will fight for the only new face in a team of six MEPs that UK’s share of European Energy Recovery will fight for Scotland’s interests over the Programme funding to develop carbon next five years there is a great capture and storage technology to be opportunity to bring about change from awarded to Scotland. If successful, this the inside. would not only create jobs but make My overriding priority over the next five Scotland a centre of excellence for this years will be to transform the way the new and important technology. work of the European Parliament is seen By using the European Parliament and and to the change the way Scotland’s MEPs effectively it is possible to bring real MEPs interact with the public. benefits to places across Scotland through
How many people have met their MEP? jobs and investment. That is what Europe How many can even name their MEP? I can do for Scotland. It is up to MEPs to have little doubt that the number will be ensure it happens and I, for one, am up less than the 736 MEPs who have just for the challenge been elected to the new Parliament.
This is a shocking state of affairs and we must let it be shrugged off as ‘just one of those things’. It is not good enough for me and should not be good enough for anyone who believes in democracy.
The European Parliament is not perfect; it is a bureaucratic behemoth and radical reform is needed, but we should not abandon it as a platform to bring about the change that constituents are crying
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CATHERINE STIHLER MEP
Labour Party
First elected to Parliament 1999
Member Internal Market and Consumer Protection Committee
Substitute Member Economic and Monetary Affairs
Today millions of people –across the EU – Scotland is an issue that has come to fore are affected by a whole host of global during the latter part of the 20th, and the problems, which ultimately require global beginning of the 21st century. The fear of solutions. In the age of globalisation and peak oil, steep oil prices and the known after sixty years of progressive European consequences of climate change, has integration, these challenges cannot be driven the subject of renewable energy met by national governments alone. high up the political agenda in the There are no ‘Scotland-only’ solutions to European Parliament. We all rely on global problems. We need to find real energy one way or another; for transport, solutions for serious problems facing heating, lighting and entertainment. Scotland, challenges such as high However, all of us know that fossil fuels unemployment, the growing divide are a finite source and a major contributor between the rich and the poor, persistent toward climate change. Thankfully, at the gender inequality and the environment. EU level, energy policy is at the heart of Labour in Europe believe in building a New climate change action. On January 28 Social Europe which eradicates entrenched 2009, the European Commission unveiled inequalities and more progress toward a a position paper, ‘Towards A fair and just society. Everyone in Comprehensive Climate Agreement in Scotland, and across the EU, deserves to Copenhagen’. The UN Climate Change live in a society where they can fully Conference in Copenhagen this December develop their potential and talent, due to will give EU leaders the opportunity to ever-improving living standards, economic advance global efforts in the fight against opportunities, and a safe and clean climate change and use their negotiating environment. In recent years, the position to do so. majority of MEPs have been calling for the In December 2008 the European EU to take decisive steps with a review to Parliament gave its backing to the most combat climate change – the single ambitious reform ever of European energy greatest threat to humanity. Along with policy. The new climate and energy the financial crisis, it remains one of the package will lead to a 20% cut in Parliament’s top priorities for 2009 – greenhouse gas emissions by 2020 2014. (compared with 1990 levels), a 20% The production of renewable energy in increase in the use of renewable energy
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sources, and a 20% cut in energy funding programmes which undoubtedly consumption through improved energy have strengthened our economic position efficiency by 2020. The far-reaching in Europe and enabled communities across package aims to make Europe the leader the country to prosper and thrive. Such in renewable energy technologies and I funding opportunities may not have been am delighted that the European possible if we were to solely rely on our Parliament adopted a sense of urgency ‘home-grown’ funds. The EEPR funding is over this much needed package. in line with EU priorities for sustainable economic growth, job creation and An integral part of the EU’s economic stability, and improving living standards recovery plan, is a major investment in for all. the construction of gas and electricity infrastructure, offshore wind farms and More than ever before, it is crucial that we the advancement of carbon capture and make the most out of our natural storage. The European Council and the resources and work collectively, as Parliament this year reached an Europeans, toward saving the planet for agreement on the European Energy ourselves and future generations. After Programme for Recovery (EEPR). For the all, the climate is changing and so must period 2009 – 2010, roughly €4billion we. Without a shadow of doubt, climate (£3.5b) has been allocated toward key change and how we tackle it will remain a energy project across Europe. A key priority for the European Parliament proportion of the total has been allocated during the course of the next toward the UK. It is anticipated that the parliamentary term. We must work Commission will sign off the first grants by together with our European partners to the end of 2009. develop a solid framework for tackling climate change in the post-Koyoto era and In July of this year I endorsed Scottish develop an integrated and effective Power Consortium’s bid for €180m energy policy. (£160m) of EEPR funding. Scottish Power is expertly placed to help stimulate the low carbon industry. The acceleration of research into carbon capture and storage will go a long way toward delivering substantial environmental and economic benefits. Many experts in the field of science and technology have stated that a carbon transportation and storage hub could be created in the North Sea to help mitigate the contribution of CO2 emissions to the global warming crisis.
It is clear that the ambitious EEPR funding has the potential to help both Scotland and the UK meet its climate change targets, and help the country to emerge stronger from the economic downturn. As part of the EU, Scotland and the rest of the UK continue to benefit from generous
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DAVID MARTIN MEP
Labour Party
First elected to Parliament 1984
Member International Trade Committee Human Rights Subcommittee
Substitute Member Constitutional Affairs Committee
As the European Parliament begins a to deliver real progress in employment, new 5 year term, the impact of the the environment and social policy. elections in June can clearly be felt. Top As a member of the Constitutional of the priority list, across all political Affairs committee of the Parliament, I representations in Brussels and have followed closely the development Scotland, should be our shared of the Treaty of Lisbon. The new Treaty endeavour to promote employment and achieves the much-needed institutional the social agenda in the European Union 'tidy-up' within the Union, simplifying and at home. The challenges facing us in the decision-making process and clearly the next 5 years can only be addressed establishing the division of competencies through collaboration between the between the EU and national European Parliament, the UK parliaments. The European Parliament Government, the Scottish Executive and will enhance its role in areas such as the electorate. Given the apathy which freedom, security, justice and characterised the June elections, it is international trade, as the co-decision vital, now more than ever, that we work procedure - requiring power sharing together to deepen understanding about between the Council of Ministers and the the opportunities the European European Parliament - is extended. This Parliament affords the Scottish is an important reform for the electorate. Parliament and the electorate, giving the Two of the most immediate issues facing electorate a more powerful voice in the the Union are the reappointment of the legislative procedure through their Commission and the upcoming Irish elected representatives in the European referendum on the Treaty of Lisbon. Parliament. The proposed Citizens' While I congratulate Mr Barroso on his Initiative allows groups of citizens re-election as President of the throughout Europe to submit policy Commission, we in the European proposals directly to the Commission, Parliamentary Labour Party and the giving the electorate the strongest voice Socialist and Democrat Group will watch it has ever had in direct participation in closely as Mr Barroso forms the new the Union. Commission, and will judge the Scotland is perhaps more aware than Commission based on its commitments many parts of the EU of the importance
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of constitutional reform and the division the economy and open external of competencies, and the Scottish markets, we hope to achieve Europe's Parliament in particular can appreciate aim of creating more and better jobs in the ways in which constitutional and the most dynamic economy, while institutional reform can strengthen the affording workers genuine social democratic process. The idea of provisions and protections. decisions being taken at the most My work on the International Trade appropriate level is fundamental to both committee and Human Rights sub- the European Union and the Scottish committee focus strongly on Parliament, and will become even more international development: an issue of important post-Lisbon. It is vital that we great importance to many in Scotland. work closely together, not only on We also face great challenges in matters of policy, but together to raise concluding negotiations on Economic awareness of European representation Partnership Agreements with the and European policy in general. developing world, designed to eradicate Traditionally, Scotland has been most poverty and integrate developing directly affected by policies such as countries into the world economy. As agriculture and fisheries. While these international development is not a continue to be of great importance, devolved issue, the European Scotland has increasing relevance in Parliament's work in this area provides a external affairs. The International Trade direct platform for all those in Scotland, committee - of which I am a member - including the Scottish Parliament, civil has a challenging 5 years ahead of it, in society and NGOs, to contribute to our which we continue to negotiate various efforts in poverty eradication. Free Trade Agreements with countries As we head towards the European Week such as South Korea, India and many of Regions and Cities in October, the Latin American countries. The coming impact European policies have on parliamentary term will see the ongoing Scotland can clearly be seen. The preparatory work, as well as, hopefully, upcoming parliamentary terms in the conclusion of several negotiations. Edinburgh and Brussels face many Free Trade Agreements provide common issues: continuing anti-poverty significant advantages for Scotland, work across Europe and the developing opening up external markets and world; tackling climate change and eliminating tariffs for products such as meeting robust long-term targets; and Scottish whisky. The impact of such mainstreaming environmental Agreements will be enormous for protection, gender equality and human Scotland, and I strongly support their rights across all policy areas. At a time timely completion. The uncertainty of when democracy is being strengthened the economy and the labour market is a within the European Parliament, the serious issue for Scotland, and over the Scottish electorate has an next 5 years the European Parliamentary unprecedented opportunity to directly Labour Party and the Socialists and contribute to the Union's work. Democrats Group has pledged to make employment and the social agenda our central focus in Europe. By working towards Agreements which will stimulate
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CONTACT DETAILS
Dr Ian Duncan Rond Point Schuman 6 B – 1040 Bruxelles
Tel: 0032 2282 8377 Fax: 0032 2282 8379
Email: [email protected]
EU/S3/09/11/3
European and External Relations Committee
11th Meeting, 2009 (Session 3), Tuesday, 29 September 2009
Brussels Bulletin
Background
1. The Committee has agreed to include the Brussels Bulletin on its fortnightly agenda. The latest Brussels Bulletin – Issue 32 September is attached at Annexe A.
Purpose of the Brussels Bulletin
2. As Members will be aware, the Brussels Bulletin is produced by the Parliament’s European Officer and is based on the key themes identified by the Committee as a result of its consultation on the Commission’s Legislative and Work Programme for 2009. At its meeting on 31 March 2009, the Committee agreed that the European Officer should focus on five key themes over the coming year:
• Economic and Social Issues • Energy and Climate Change • Rural Affairs (including maritime) • Structural/Reform issues • Justice
3. The European Officer provides early intelligence on expected developments, actions of the key players and detail of debate on these key themes, primarily through the Brussels Bulletin. This is circulated to the subject committees and published on the website. More detailed briefing can also be commissioned by a committee on any specific issue.
Recommendation
4. The Committee is invited to consider the latest issue of the Brussels Bulletin.
Committee Clerk September 2009
1
ISSUE 32 SEPTEMBER 2009
IN THIS ISSUE:
News NEWS IN BRIEF Commission President Barroso’s ‘mandate’ Commission President View from the Parliament Following a number of delays, José Manuel College of Commissioners Barroso secured the backing of the European Swedish Presidency Parliament for a second term as Commission Scotland’s National Conversation President (16 September 2009). Barroso Other News secured the votes of 382 MEPs, 13 more than would have been needed to attain a Upcoming meetings & events majority required under the Treaty of Lisbon. 219 voted against him and there Contact details were 117 abstentions.
Barroso’s ‘mandate’ hearings in the parliament will follow with a In support of his candidacy, Barroso produced plenary vote likely in December 2009. The a 48-page mandate document outlining the new positions of President of the EU and High priorities he would envisage for the coming 5 Representative for Foreign Affairs and years. The key areas are: (i) making a Security Policy will follow the same timetable if the Treaty of Lisbon is agreed. successful exit from the economic crisis; (ii) leading on climate change; (iii) boosting new Swedish Presidency sources of growth & social cohesion; (iv) In an address to the Parliament, Swedish advancing a People’s Europe; and (v) President and EU Council President, Fredrik opening a new era for global Europe. Rheineldt outlined his government’s priorities: (i) Treaty of Lisbon ratification; (ii) The view from the Parliament addressing the financial crisis; (iii) climate The new President of the Parliament, Jerzy change; (iv) energy issues; (iv) the new Buzek, outlined his priorities for the next 2½ Stockholm programme; (v) the Lisbon years: (i) reform of the parliamentary Strategy; and (vi) enlargement. structure (post Treaty of Lisbon); (ii) the Green agenda; (iii) addressing the economic Scotland’s National Conversation crisis, demographic challenges while protecting Michael Russell MSP, Scotland’s Minister for the European Social model; and (iv) Culture, External Affairs and the Constitution, enlargement. was in Brussels to outline the European dimension of the Scottish Government’s College of Commissioners et al. National Conversation (8 September 2009). The term of the current Commission will be He outlined the foreign policy dimensions of extended to the end of 2010. Member state the four options: status quo, Calman reform, Commission nominations will be agreed by 30 devolution ‘max’ and independence. October 2009, with the Council endorsing the College on 5 – 6 November 2009. Thereafter
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COMMISSION PRESIDENT Manuel Barroso. He is an excellent Proposal advocate for the interests of the Council. N/A It would have been impossible to get a better one over the last five years. Your Current status appeal for co-operation with the Commission President José Manuel European Parliament is the right one, Barroso secured the backing of the Mr. Barroso, but it is too late.’ Parliament for a second term following a During the debate, President Barroso plenary vote in Strasbourg (16 responded, ‘I believe this is damaging September 2009). Europe. On one side, you say, we want a
stronger Europe, we want a stronger What’s happening? Commission, we want you to stand Commission President José Manuel against some member states who are Barroso secured the unanimous backing going national. On the other side, you of the Council for a second term by say, we are not going to vote for you, written procedure on 9 July 2009. we are to reduce your influence, we are However, the Parliament postponed its going to weaken you in front of the vote of endorsement, scheduled for the member states. There is a contradiction July plenary. Barroso’s candidacy was there. If you want a strong Commission, opposed by the Socialist and ALDE that has the rights and initiative to (Liberal) groups in the Parliament, as defend the European interest, at least well as the Greens and left of centre give me the benefit of the doubt. At groupings. least!’ On 3 September 2009, President In the vote that followed Barroso Barroso presented to the Parliament a secured 382 votes, with 219 members 41-page document detailing the opposed. There were 117 abstentions. priorities he will pursue should he secure Since the vote took place under the rules a second term (see below). Since then of the Treaty of Nice, only a simple Barroso has met in private with each of majority of MEPs present was required the political groups in the Parliament to for endorsement. explain his intentions, and to hear the concerns of MEPs. During the
September plenary session, ahead of the
(secret) ballot on his candidacy for a second term that took place on 16
September 2009, President Barroso defended the record of his first term.
The plenary debate was a turbulent affair. The leader of the Socialist & Democrats group, Martin Schultz, asked why a candidate as controversial in the European Parliament as Barroso had obtained such uniform backing from the Council. He concluded, ‘I think the answer is clear. Had I been head of government, I would have gone for José
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BARROSO’S ‘MANDATE’ 1. Making a successful exit from the Proposal economic crisis N/A A vigorous and co-ordinated EU wide economic strategy. Key features of Current status Barroso’s proposals include continued As part of Commission President roll-out of the European Economic Barroso’s attempts to secure Recovery Programme, encouraging the parliamentary backing for a second maintenance of low interest rates, and term, he produced and presented to continued relaxation of state aid rules. Parliament a 48-page document Also of importance will be ensuring that detailing his intended priorities for the member states return their deficits to next 5 years, entitled, ‘Political below 3% of GDP, as envisaged in the Guidelines for the Next Five Years’ (3 Stability & Growth Pact, primarily September 2009). The document was through continued economic policy co- an extended version of the letter Barroso ordination. had addressed to the Council (17 June 2009). Stemming the rise in unemployment. While conceding that most of the levers What’s happening? in this area reside at member state The document presented to Parliament is level, Barroso believes there is a role for a personal political statement of the Commission in helping co-ordinate President Barroso, rather than a work member state actions and sharing of programme. (Such a programme will good practice, as well as adapting EU only appear once the new College of programmes to equip individuals with the necessary education and skills. Commissioners is in place.) The document sets out the challenges to be A new generation of responsible financial faced and the likely Commission regulation. Barroso envisages a roll for priorities over the longer term, under the Commission in ensuring that the the title, ‘A vision for EU 2020’. reform of the EU’s financial systems
The stated challenges: does not distort the single market. The • Restarting economic growth today adoption of the Commission’s suite of and ensuring long-term sustainability financial regulations will also be a and competitiveness for the future priority (with a particular emphasis on • Fighting unemployment and the regulation of derivatives) as well as reinforcing our social cohesion the de Larosière model of financial • Turning the challenge of a supervision. sustainable Europe to our competitive advantage 2. Leading on climate change • Ensuring the security of Europeans Following adoption of the EU’s ambitious • Reinforcing EU citizenship and package of measures to address climate participation change Barroso envisages the EU taking a leading role in the UN Climate Change The priorities Barroso sets out are listed Conference due to take place in under five broad headings: December 2009. Barroso also believes that the package should act as a
stimulus to improve research and development, as well as to grow jobs
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through advances in low carbon Integration of legal migrants. The technologies. The ‘de-carbonisation’ of adoption of a common immigration the electricity supply and transport policy will be a key objective of the next sector will be a priority for the next Barroso Commission. Commission, as will the mainstreaming of climate change considerations into all A Single Market fit for the 21st century. EU policies. Barroso is proposing a major analysis of the ‘missing links’ in the internal market, 3. Boosting the new sources of to find out why it has not delivered on its full potential and to identify new growth and social cohesion Industry, Services, Agriculture and the sources of growth and social cohesion. Maritime Sector. Barroso envisages a Facilitating shopping across borders will also be prioritised. fresh approach to industrial policy, with continued removal of administrative Smart regulation to make markets work burdens and provision of greater legal for people. The tailoring of regulation certainty, particularly as it impacts on (so called ‘smart regulation’) to ensure SMEs. other priorities will include, the transparency, fair play and ethical establishment of a quality framework for behaviour will be prioritized. The public and social services, reform of the introduction of ex post evaluation will CAP & CFP, and continued delivery of the also ensure that the laws work as they paper on maritime issues. were intended, and the extension of
Research and innovation for a impact assessments to comitology will be key features of the programme. knowledge society. Ensuring that research is ‘one of the motors of Global Markets. Although less detail is sustainable development’, is a stated available, the utilization of ‘soft power’ priority. Emphasis will be placed on leverage is likely to emerge as a factor promotion of the European Research in external policy negotiations. Council, and extension of the existing Combating protectionism will be a exchange programmes. Utilization of mantra if not a policy. public procurement as a driver of innovation, further protection of Networks of the future. The next intellectual property rights and the use Commission will develop a European of community funds to promote Digital Agenda (accompanied by a innovation will also be addressed. The targeted legislative programme) to creation of entrepreneur support tackle the main obstacles to a digital networks will also be considered. single market, promote investment in high-speed Internet and avoid an An employment agenda for a changing unacceptable digital divide. A European workplace. Protecting current workers’ super-grid for electricity and gas is also rights will be a priority, as indeed will be expected to be one of the bigger ensuring that other trading partners projects. raise their standards rather than the EU lowering its own. Further measures to 4. Advancing people's Europe address discrimination and treatment of Promoting rights and providing minorities can be expected. protection. The emergence of a
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domestic security strategy will be an energy security, climate change, important innovation. Protecting the enlargement, responding to the value and utility of pensions will also economic crisis, addressing demographic feature. change and safeguarding the European social model, all of which will unfold Removing obstacles for citizens. The against the implementation of a Commission intends to draft a report on reformed parliamentary structure (if the the obstacles for citizens to source and Treaty of Lisbon is adopted). secure goods across borders and propose how they can best be removed, Reform of parliamentary structure. together with the report on the obstacles President Buzek was cautiously still persisting in the internal market. optimistic that the Treaty of Lisbon would clear its final hurdles. The Treaty Supporting mobility for young people. envisages an expanded role for the Barroso would seek to extend the Parliament, with greater powers of co- various programmes and instruments decision notably in setting the EU aimed at supporting youth mobility, e.g. budget, agriculture policy, and justice Erasmus. A ‘youth on the move’ and home affairs. He stated that initiative is also likely to emerge. preparatory work was already underway Enhancing dialogue and information. to ensure that any required adjustments Means will be explored about improving would be instituted smoothly. the dialogue between EU citizens and EU Green agenda. Buzek stressed that institutions. improving Europe’s energy security, 5. Opening a new Era for Global interconnections and diversifying supply Europe will become an even greater priority. He If the Treaty of Lisbon is adopted, the saw the change to a low carbon- EU will have new levers at its disposal to economy as an opportunity for operate in the global arena. Areas that investment in new renewable industries are likely to be important include rather than a threat to economic growth. delivery of the millennium development He also stated that the Parliament will goals, continued promotion of the EU be heavily involved in the preparations neighbourhood policy, and consideration for the December 2009 Climate Change of further enlargement. Conference in Copenhagen.
Economic crisis, demographic change
and protecting the European social VIEW FROM THE PARLIAMENT model. President Buzek linked the three Proposal issues together, stating that they were N/A ‘intimately entwined’. Likely key
features of parliamentary deliberation Current status would include encouraging greater The President of the European investment in research and development Parliament, Jerzy Buzek, has outlined and investment in new technologies. the priorities for his mandate in a press Further inquiry into measures to address briefing (14 September 2009). the demographic shift is also likely to
become a priority. What’s happening? President Buzek outlined six priorities:
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Enlargement. Buzek noted that there Marian Fischer Boel, the Agriculture were already four official candidates for Commissioner. Changes in government membership, each of which was at a at member state level are also expected different stage of negotiation (Croatia, to bring change in the College. Turkey, the FYR Macedonia and Iceland). There is also speculation that President Serbia, Montenegro and Kosovo have Barroso will reconfigure the posts in his also begun the process of securing College. The new posts created upon membership. He stated that the accession of Bulgaria and Romania enlargement would be a priority of the (Consumer Protection and next session. Multilingualism) are expected to be
subsumed within the portfolio of existing Jerzy Buzek will hold the Presidency until Commissioners. There has been December 2011. discussion of the creation of a new commissioner responsible for climate
change. (There is also current discussion COLLEGE OF COMMISSIONERS about creating a permanent position of Proposal scientific advisor to the EU). Also N/A President Barroso has stated that he
would wish to see more prominence for Current status the Better Regulation Agenda (which Following his endorsement as President aims to cut red tape). of the European Commission (see above), President Barroso will now set There are no formal criteria for about determining the nature of his nominations to the two new EU College of Commissioners. positions, although it is widely agreed that four key factors will determine the What’s happening? successful candidate: nationality, Following the compromise agreed after geography, size of country, and political the Irish negative vote on the Treaty of affiliation. Lisbon there is general accord that each Speaking before the Parliament, Cecilia member state should retain the right to Malmström stated that if the Treaty of nominate a commissioner. Member Lisbon is adopted, nominations for the States are currently submitting their two new EU posts (the posts of Council nominations for members of the new President, the High Representative for Commission. Further, if the Irish vote in Foreign Affairs and Security Policy) should favour of the Treaty of Lisbon on 2 be agreed by Council (29 – 30 October October 2009, two new positions will 2009) with a decision likely to follow at be established: a President of the EU; the Head of Government Council (5 - 6 and a High Representative for Foreign November 2009). Nominations and Affairs and Security Policy. decisions for the new college are likely A number of Commissioners are to follow a similar timetable. She also expected to be re-nominated by their confirmed that the current Commission sponsoring member state, but there is is likely to continue in a caretaker as yet no certainty that they will retain capacity until the new Council is sworn their portfolio. A number of in, possibly at the beginning of 2010. Commissioners are retiring, notably Parliamentary hearings on the new
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Commissioners would follow in (Copenhagen, December 2009). November, allowing for a confirmation Other environmental priorities include vote at the December 2009 plenary. developing a new biodiversity strategy, and the piloting of the new Malmström also stated that the October Marine Strategy Directive (possibly in summit would deal with the issue of the the Baltic Sea). New draft legislation 18 MEPs whose status depends on the can be expected on food labeling and treaty's ratification (see ‘other News’ novel foods by the end of the year. below), and on arrangements for the • Addressing energy security issues, development of a European External including improving oil/gas Action Service that will assist the EU reserves/supply and reducing over- High Representative for Foreign Affairs and dependency on volatile states Security Policy. • Adoption of the new 5-year justice
and home affairs (Stockholm)
programme; addressing access to EU SWEDISH PRESIDENCY documents, the future of EUROPOL Proposal and EUROJUST, mutual recognition in N/A criminal proceedings, co-operation
between judicial authorities and Current status fundamental rights The Swedish Presidency began on 1 July • Reviewing the Lisbon strategy 2009, and will last until the end of • Progressing the Doha international 2009. Following establishment of the trade talks presidency, the Member State Prime • Enlargement, with discussions taking Minister and current President-in-Office place with the Western Balkans and of the Council addressed the European Turkey, and early stage engagement Parliament in Strasbourg to outline the with Iceland. priorities for his term.
What’s happening? SCOTLAND’S NATIONAL To mark the beginning of the Swedish CONVERSATION Presidency of the Council, the Swedish Proposal Prime Minister, Fredrik Rheineldt, N/A outlined the priorities of his government
to the new parliament (15 July 2009). Current status The key priorities: Michael Russell MSP, Scotland’s Minister • Treaty of Lisbon ratification in the for Culture, External Affairs and the remaining member states (Ireland, Constitution, was in Brussels as part of Germany and the Czech Republic) the Scottish Government’s on-going • The financial crisis, including National Conversation (8 September preparation for the Pittsburgh G20 2009). meeting (September 2009) and implementing the de Larosiere What’s happening? proposals on financial market At a seminar in Scotland House, the supervision and regulation Minister launched a document entitled, • Co-ordinating the EU’s position for ‘Europe & Foreign Affairs: taking forward UN Climate Change Conference our national conversation’. (The
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forward, allowing us to take a full and document can be downloaded here). active role in the international The paper explores the various community. I believe we are at a key constitutional options open to Scotland: moment in Scotland's story’. status quo, implementation of the Calman report’s findings, devolution max (whereby Scotland gains considerably OTHER NEWS more power over its affairs) and • College of Commissioners. Three independence. Commissioners have recently demitted office, Dalia Grybauskaitė of The paper highlights a number of the Lithuania (Financial Programming & perceived shortcomings of the current Budget) who became President of arrangement within a European context Lithuania, Danita Hubner of Poland (through a series of case studies) and (Regional Policy), who secured explores how the various options would election to the European Parliament impact upon Scotland’s situation in and currently chairs the Regional Europe. There was much discussion on Development committee, and Louis the perceived limits placed upon the Michel of Belgium (Development & Scottish Government in the area of EU Aid), who also became a member of fishing policy, as well as energy policy. the Parliament. There was also the assertion that if Scotland were to become independent it The respective member states could expect its number of MEPs to rise nominations secured parliamentary from the current 6 to perhaps around confirmation (15 September 2009). 13. The new commissioners are: Karel De Gucht of Belgium (Development & The issue of whether Scotland would Aid), Algirdas Semeta of Lithuania automatically become a member of the (Financial Programming & Budget) EU was addressed by the Minister and Pawel Samicki of Poland stating that if Scotland became (Regional Policy). During the independent then there would be two parliamentary hearings it was successor countries, and as such no confirmed that the new inherent right of one over the other to Commissioners would hold office until assume the position of the former UK. the end of 2009, i.e. beyond the In such an instance then either both traditional Commission term. countries were automatically members or neither country was automatically a • Treaty of Lisbon. The Irish member. The Minister stated that it referendum of the Lisbon Reform would be odd were the EU to decline Treaty will take place on the 2 membership to the two new countries, October 2009. While the opinion both of which were fully compliant with polls in Ireland seem to suggest a the body of EU law accumulated so far, positive endorsement, the situation and had been for several decades, and remains uncertain. Within the that it would send the wrong message to institutions there is preparation for a other would-be member states. positive result. However if the Treaty of Lisbon is not ratified by the end of Concluding his remarks to the meeting, 2009, the next Commission would the Minister stated that, ‘Independence have to be elected under the Treaty is the best option to move Scotland
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of Nice. German officials have already advance of the upcoming G20 stated on the record that Germany meeting in Pittsburgh USA (24 – 25 would ask for a 12-member September 2009). (The summit’s Commission, or ‘maximum 18’, i.e. a final statement can be read here.) reduction of between 9 and 15 The principal aim of the G20 meeting commissioners. The implication is will be ascertain whether and how to that some countries would not be implement co-ordinated exit represented in the college, a fact strategies from the current global unlikely to be lost on Ireland, the economic stimulus packages. Also Czech Republic and Poland. under discussion will be how to address the bonus culture in banks, • Treaty of Lisbon (ii). In a related and the apparent slow matter, Czech Prime Minister Jan implementation of climate change Fischer has stated that a mitigation measures. constitutional challenge to the Treaty of Lisbon in the Czech Senate could • Croatia’s EU application. The delay final ratification of the Treaty in border dispute between Croatia and the Czech Republic by up to six Slovenia, which had hampered months, even if the challenge was Croatia’s application for EU subsequently dismissed by the courts membership, is approaching (17 September 2009). (Germany resolution. (The dispute concerns has also yet to formally complete the small pockets of land along the ratification process.) Adriatic coast, which could prove important if accompanied by • European Parliament. The exclusive access rights to deep-sea previous Parliament adopted a zones.) The Prime Ministers of the decision to bridge the difference in two countries announced that they the number of MEPs between the would pursue talks for solving the provisions of the current Treaty of dispute, based on a European Nice and the Treaty of Lisbon, should Commission proposal (11 it come into effect (6 May 2009). September 2009). Membership The Treaty of Nice provides for 736 talks will resume on 2 October MEPs, while the Treaty of Lisbon 2009. foresees 754 MEPs until 2014 and 751 thereafter. • Bluefin tuna. The Commission has provisionally backed a proposal to A report by Richard Corbett MEP, ban the international trade of Atlantic adopted in plenary, provides for bluefin tuna (8 September 2009). granting the outstanding 18 MEPs Monaco is currently attempting to observer status until the Treaty of have the species listed as Lisbon becomes effective. The 18 endangered under the UN Convention seats will be divided between Spain on International Trade in Endangered France, Sweden, Austria, UK, Poland, Species (CITES) at the next meeting Portugal, the Netherlands, Bulgaria, (21 September 2009). The Latvia, Slovenia and Malta. Commission has stated that it will • G20. At the Heads of Government reserve the right to review its Council (17 September 2009), the decision before the next CITES member states agreed a position in Conference of the Parties in March
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2010.
• Buildings Directive. The recast of the original 2002 Energy Performance of Buildings Directive secured first reading in the Parliament in April 2009, when the Parliament sought to amend the Commission's proposal by attaching a requirement that all new buildings would have to produce at least as much energy as they use by 2019. Talks will shortly begin between the Parliament and Council in an endeavour to secure a second reading agreement (30 September 2009). The current obstacle to agreement is the directive’s implementation date.
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UPCOMING
EVENTS &
MEETINGS
October 2008 November 2008 5 – 6 Heads of Government Autumn 1 – 2 Informal meeting of finance Council; likely agreement on ministers, Goteborg Sweden shape of College of 2 Irish referendum on the Treaty Commissioners of Lisbon 18 – 20 E-government (informal 2 Resumption of Croatia’s EU Council) accession talks 26 – 27 Education, Youth & Culture 7 – 8 Plenary session of the Council Committee of the Regions 30 Justice & Home Affairs Council 9 Transport & Energy Council 30 – 1/12 Visit of the Scottish 14 – 16 Competitiveness Council Parliament’s European & (informal) External Relations Committee 19 – 23 Plenary session of the European Parliament 19 – 20 Agriculture & Fisheries Council 20 Finance Council 23 Environment Council 26 – 27 Justice & Home Affairs Council 29 – 30 Nominations to be agreed for the new College of Commissioners
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CONTACT DETAILS
Dr Ian Duncan Rond Point Schuman 6 B – 1040 Bruxelles
Tel: 0032 2282 8377 Fax: 0032 2282 8379
Email: [email protected]