Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Ali M. El-Agraa
With invited edited contributions
camb ri d g e un iv er sity pr es s
Cambridge, New York, Melbourne, Madrid, Cape Town,
Singapore, São Paulo, Delhi, Tokyo, Mexico City
www.cambridge.org
Information on this title: www.cambridge.org/9781107400115
A catalogue record for this publication is available from the British Library
vii
viii Contents
13.2 he rationale for EU competition 17.3 Oil shocks and afterwards [258]
policy [197] 17.4 Demand and supply: the status
13.3 he role of economics [198] quo [259]
13.4 General overview of the legal 17.5 Current energy policy agenda:
framework [199] sustainability, security,
13.5 he substantive norms [201] competitiveness [260]
13.6 Enforcement [205] 17.6 Conclusion [267]
13.7 he public turn [207]
13.8 Rationalization [208] 18 Environmental policy [270]
13.9 Modernization [209] Ian Barnes
13.10 Conclusion [211] 18.1 Introduction [270]
18.2 he nature of EU environmental
14 Industrial and competitiveness policy: the policy [207]
Lisbon Strategy [214] 18.3 he rationale for intervention [271]
Brian Ardy 18.4 Standards and thresholds [274]
14.1 Introduction [214] 18.5 he legislative approach [275]
14.2 ICP instruments [214] 18.6 he Single European Market and
14.3 ICP: theory and evidence [214] environmental controls [276]
14.4 he control of state aid [217] 18.7 he polluter pays principle [277]
14.5 Research and development policy [220] 18.8 Market-based instruments [277]
14.6 EU economic reform and 18.9 he EU’s developing environmental
competitiveness [223] perspective [278]
14.7 Conclusion [226] 18.10 Global warming strategy [281]
18.11 he carbon tax [282]
15 Tax harmonization [229] 18.12 he EU’s Emissions Trading System [283]
Brian Ardy and Ali El-Agraa 18.13 Conclusion [285]
15.1 Introduction [229]
15.2 Why is tax harmonization necessary? [229] Part V EU budget and structural policies
15.3 he principles of tax harmonization [230]
15.4 Value added tax [230] 19 he general budget [289]
15.5 Excise duties [234] Brian Ardy and Ali El-Agraa
15.6 Corporation tax [238] 19.1 Introduction [289]
15.7 Conclusion [241] 19.2 he economic theory of the state [289]
19.3 Fiscal federalism [290]
16 Transport policy [244] 19.4 he EU and iscal federalism [292]
Kenneth Button 19.5 Budget rules and procedure [293]
16.1 Introduction [244] 19.6 EU budget revenue [294]
16.2 he European transport system [244] 19.7 EU budget expenditure [296]
16.3 he initial development of a CTP [246] 19.8 Operating budgetary balances [300]
16.4 he Single European Market efect [248] 19.9 he EU budget and enlargement [301]
16.5 he 2004 and 2007 enlargements [252] 19.10 Conclusion [302]
16.6 Conclusion [255]
20 he Common Agricultural Policy [306]
17 Energy policy and energy markets [257] Ulrich Koester and Ali El-Agraa
Stephen Martin and Ali El-Agraa 20.1 Introduction [306]
17.1 Introduction [257] 20.2 General background [306]
17.2 he golden years (mostly) [257] 20.3 he problems of agriculture [307]
x Contents
20.4 he birth of CAP and the institutional 23.6 he EES and EU employment
setting [311] performance [373]
20.5 he market organizations of CAP [318] 23.7 Conclusion [378]
20.6 Rural development policy [328]
20.7 he future of CAP [329] Part VI EU external relations
20.8 Conclusion [331]
24 External trade policy [383]
21 he Common Fisheries Policy [335] Miriam Manchin and Ali El-Agraa
Ali El-Agraa 24.1 Introduction [383]
21.1 Introduction [335] 24.2 EU trade patterns [384]
21.2 Understanding the isheries industry [336] 24.3 EU trade decision-making
21.3 Policy objectives [339] procedures [386]
21.4 Policy process [342] 24.4 Instruments of the external trade
21.5 Reform of the CFP? [344] policy [388]
21.6 Conclusion [345] 24.5 EU trade relations [390]
24.6 Conclusion [398]
22 Regional policy [348]
Harvey Armstrong 25 he EU and the developing world [401]
22.1 Introduction [348] Ali El-Agraa
22.2 he case for an EU regional policy [348] 25.1 Introduction [401]
22.3 he efects of integration on EU regional 25.2 Essential background [401]
disparities [350] 25.3 Trade policy [403]
22.4 Current and future EU regional 25.4 Development cooperation [410]
policy [356] 25.5 Conclusion [419]
22.5 Some key issues for the future [360]
22.6 Conclusion: regional policy after Part VII The future of the EU
2013 [362]
26 he future of the EU [423]
23 Social policies: the employment Ali El-Agraa
dimension [364] 26.1 Introduction [423]
Brian Ardy and Ali El-Agraa 26.2 he vision of the founding fathers [423]
23.1 Introduction [364] 26.3 he vision of contemporary
23.2 he development of social and employment politicians [424]
policy [364] 26.4 Conclusion [430]
23.3 he development of the European
Employment Strategy [365]
23.4 Employment performance: economic Bibliography [431]
theory and evidence [367] Author index [471]
23.5 he European Employment Strategy [370] Subject index [477]
Figures
xi
xii List of igures
20.5 he efect of variable levies or ixed tarif 22.2 Regional unemployment rates (males plus
rates [320] females), 2004 [352]
20.6 he impact of preferential access to EU 22.3 Cohesion policy eligible areas, 2007–13 [358]
markets [322] 23.1 Unemployment in the EU and the USA,
20.7 he impact of subsidized export 1960–2010 [366]
constraints [323] 23.2 Employment rates in the EU15 and the USA,
20.8 he importance of intervention prices [324] 1961–2007 [374]
20.9 he efect of export subsidies on domestic 23.3 Employment rates in the EU15,
prices [324] 1992–2008 [374]
20.10 Price cuts and direct payments: the case of 23.4 NMS employment rates, 2000–2009 [375]
grains [324] 24.1 Main traders (value in $ million) and share of
20.11 Support levels in the OECD and member trade (exports + imports) in goods of the eight
countries in % PSE [325] most important trading nations, 2008 [384]
20.12 Average costs in milk production and milk 24.2 Share of imports/exports by partner countries
prices [326] in total extra-EU imports/exports of goods,
20.13 Budget efects of EU demand for domestic 2009 [385]
consumption as compared to export 24.3 Trade in goods and commercial services,
subsidization [327] 2008 [386]
20.14 Welfare efects of consumer subsidies [328] 24.4 Trade in commercial services, 2008 [386]
20.15 Breakdown of EU expenditure for 24.5 Main product categories in extra-EU exports
agriculture [330] and imports of goods, 2009 [387]
20.16 Market support and direct payments [330] 24.6 Composition of EU exports and imports in
20.17 he efect of price support on services, 2008 [387]
productivity [332] 24.7 EU tarif structure, 2008 [389]
21.1 EU ish catches [336] 24.8 EU’s PTAs [391]
21.2 Extra-EU trade in ish and ishery products, 25.1 Total DAC ODA and EU-DAC ODA
1988–2007 [337] disbursements, 2004–9 [411]
21.3 EU isheries: exports, 2008 [337] 25.2 EU external assistance commitments,
21.4 EU isheries: imports, 2008 [337] 2001–9 [412]
21.5 Evolution of the number of vessels in EU 25.3 EU external assistance disbursements,
ishing leet, 1992–2009 [340] 2001–9 [412]
21.6 Evolution of EU ishing leet capacity, 25.4 EU ODA sectoral breakdown commitments
1992–2009 [341] (in € million; per cent), 2009 [413]
21.7 Financial assistance to the isheries sector, 25.5 Regional distribution of EU ODA (€ million;
2007–13 [341] per cent), 2009 [413]
22.1 Regional gross domestic product per head, at
purchasing power parities, 2003 [351]
Tables
xiii
xiv List of tables
11.1 EU member states’ performance with regard 19.1 Expenditure at diferent levels of government
to the convergence criteria [172] in federal states (% of GDP), 2007 [291]
14.1 Productivity and employment in the EU15 and 19.2 Federal government expenditure by main
the USA, 2009 [223] function (% of GDP), 2008 [292]
14.2 Growth of real GDP in the EU15, the USA, 19.3 Tax revenue of diferent levels of government
Japan and ACNZS, 1978–2009 [225] in federal states (% of GDP), 2008 [294]
15.1 EU27 tax structure, 2008 (% of GDP) [231] 19.4 Tax systems: federal states and the EU (% of
15.2 VAT in EU member states, 2008 [233] GDP), 2008 [295]
15.3 Cigarette taxation in EU member states, 19.5 Sources of EU revenue, 2008 [296]
2010 [235] 19.6 EU expenditure, 2008 [297]
15.4 Alcohol taxation in EU member states, 2010 19.7 EU inancial perspective for 2007–13 [303]
(per litre) [236] 21A.1 EU catches in all ishing regions (tonnes live
15.5 Taxes on petrol and diesel fuel, 2010 [237] weight), 1997–2008
15.6 EU25 corporation tax, 2010 [239] 21A.2 EU ish catch, 1993 and 2008
17.1 Composition of primary energy supply 21A.3 EU exports and imports of ishery and
(millions of tonnes of oil equivalent), EU27, aquaculture products, 2008
2008 [260] 21A.4 EU assistance to the isheries sector, 2007–13
17.2 Projected oil and gas consumption, share of 22.1 Priority objectives in the 2007–13 budget
imported energy in EU energy consumption, period [357]
1998–2030 [260] 22.2 Regional policy in 2007–13: indicative
17.3 World proven production, crude oil reserves, allocations (€ million, current prices) [359]
by region, 2008 [262] 23.1 EU15 employment and GDP growth,
17.4 World proven natural gas reserves and 1980–2008 [376]
marketed production, by region, 2008 [263] 23.2 Non-accelerating wage rate of unemployment,
17.5 Natural gas imports, of selected EU member 1991–2009 [379]
states from the Russian Federation, 2009 25.1 Overview of expenditure within heading ‘EU
(billion cubic metres) [263] as a global partner’ in the 2007–13 inancial
18.1 Main sources of greenhouse gases by sector perspective (€ billions at 2004 prices) [416]
for the EU27, 2008 [281]
Boxes
xv
Contributors
Brian Ardy is Reader in Economics and Head of the Miriam Manchin is Lecturer in the Political Economy
European Institute, the Business School at London of European Union Integration, School of Slavonic and
South Bank University, UK. Eastern European Studies, University College London,
UK.
Harvey W. Armstrong is Emeritus Professor of
Economic Geography, Department of Geography, Stephen Martin is Professor of Economics and Faculty
University of Sheield, UK. Director of the Technology Transfer Initiative at the
Krannert School of Management, Purdue University,
Ian Barnes is Professor Emeritus, Jean Monnet
USA, and is co-managing editor of the International
Professor of European Integration, Faculty of Business
Journal of Industrial Organization.
and Law, University of Lincoln, UK.
David G. Mayes is Professor of International Finance,
Kenneth Button is University Professor of Public Policy,
the University of Canterbury, New Zealand, and
School of Public Policy, George Mason University, USA,
Director of its National Centre for Research on Europe,
and is also director of both the University’s Aerospace
and was Adviser to the Board of the Bank of Finland.
Research Center and the Center for Transportation,
Policy, Operations and Logistics. Wolf Sauter is with the Financial Markets Directorate,
Ministry of Finance, the Netherlands, and was
Ulrich Koester is Professor at the Institute of
National Expert with the EU’s Directorate General
Agricultural Economics, University of Kiel, Germany.
for Competition, Policy Adviser to the Independent
Imelda Maher is Sutherland Professor in European Authority for Telecommunications and Posts (OPTA),
Law, School of Law, University College, Dublin, he Hague, and Professor of Economic Law, Groningen
Republic of Ireland. University, the Netherlands.
xvi
Preface
he European Union (EU) is the most signiicant and a foreign policy chief who controls a vast diplomatic
inluential of international economic integration (IEI) corps, now being established.
schemes. here are three reasons, the sum of which
hat is why the EU is fascinating to study, and this
explains this signiicance:
book attempts to guide those who care about an ‘ever
1. Of the six EU founding states, (West) Germany, closer union’ for the people of Europe. But it is not
France and Italy were top ten world economies. conined to ‘Europeans’, since the EU ofers lessons for
Since then, two such economies have joined: the all countries that try to learn from it or even emulate it.
UK and Spain. Hence today the EU includes half his is not to suggest that the EU is heaven – far from it;
of the world’s top ten economies. he EU has also it has always had its serious problems, some bringing
proved a magnet for new members: in addition it close to complete collapse: witness the inancial and
to the founding member nations, known as the economic crises it has been experiencing since 2007,
Original Six, there are now an additional twenty- which prompted many to speculate on the imminent
one. he EU of twenty-seven continues to receive demise of the euro. But this is inevitable, given the
applications for membership; hence it is set to diversity of EU peoples and economies.
include practically the whole of Europe, and may his book is unique, and in more ways than one.
go beyond the geographic area if Turkey succeeds First, when the irst edition was published in 1980 there
in joining in 2015. No other scheme matches this was no such text on the market; there were a few books
economic size and diversity. for the layperson and the expert, which were naturally
2. From a voluntary viewpoint, the EU is the oldest IEI limited in scope. Second, this is the only text that covers
scheme in operation; voluntary in the sense that every single major EU policy, but is inevitably slanted
countries are not coerced into joining, due to their towards the economic, given the way the EU has devel-
being dominated by a foreign country or captured oped. hird, although I am personally responsible for
by war. his longevity is part of the EU’s attraction. ten chapters of the book and co-author of another
3. Most vitally, the EU has the deepest scheme of IEI. It eight, the rest of the chapters are contributed by lead-
is almost a complete economic union: (a) it is prac- ing authorities in their particular area of EU expertise,
tically a complete ‘common market’, where people, but I have edited their contributions in such a way as to
goods, services and capital move freely – the four make the book read as a consistent whole. Naturally,
freedoms; (b) sixteen of its twenty-seven member in doing so, I have tried my best not to make them lose
states have the same currency (euro), with the their unique style.
European Central Bank in charge of Eurozone mon- he book, together with its website, ofers compre-
etary policy; (c) it has a system for monitoring and hensive coverage of all the major EU policy areas. It is
inluencing iscal policy – the Stability and Growth written in such a way that the theoretical aspects are
Pact; and (d) it has its own budget, inancing a range covered in separate chapters, so that those not com-
of policies. Also, since the entry into force of the fortable with theory, either because they are averse
Treaty on European Union (TEU), popularly known to it or simply do not want to be diverted by it, can go
as the Lisbon Treaty, on 1 December 2009, it has: (e) straight to their chosen delight.
a single president of the European Council; and (f) he book is in seven parts:
xvii
xviii Preface
Part I EU history, institutions and legal dimension demanding element of integration, monetary unii-
Chapter 2 A history of European integration and the cation, including the adoption of a single currency.
evolution of the EU he three chapters cover, respectively: the theoretical
Chapter 3 EU institutions analysis of the gains and losses from economic and
Chapter 4 he legal dimension in EU integration monetary union (EMU); the EU developments that
Chapter 5 he European economy: bare essentials have led to the present situation, where twelve of the
ifteen pre-2004 EU member nations are using the euro
he aim of this part of the book is to provide a gen-
as their only currency, and where all countries acced-
eral background to the EU. Chapter 2 gives a short
ing after that are obliged to join them when deemed
account of the history of European integration and the
it, with ive of them already having done so; and the
development of the EU. Chapter 3 provides a general
management of the euro by the European Central Bank
description of EU institutions and their functioning.
(ECB) and how the euro is operated.
Chapter 4 explores the legal dimension in EU integra-
tion. Chapter 5 is a general survey of the bare essentials Part IV he single European market: policy
of the EU economy, using mainly charts, with the full integration
statistical tables available on the website; it covers the Chapter 13 Competition policy
major economic indicators for the present EU twenty- Chapter 14 Industrial and competitiveness policy: the
seven member states (MSs), as well as those involved Lisbon Strategy
in imminent enlargements and, to enable comparison, Chapter 15 Tax harmonization
also for the rest of those in the group of eight (G8, now Chapter 16 Transport policy
G20). Chapter 17 Energy policy and energy markets
Chapter 18 Environmental policy
Part II EU market integration: theory and practice
Part IV of the book covers areas that constitute the
Chapter 6 he theory of economic integration
very foundations needed to facilitate a properly oper-
Chapter 7 he economics of the single market
ating SEM. Hence it tackles in six chapters: competi-
Chapter 8 Factor mobility
tion rules; industrial and competitiveness policy; tax
Chapter 9 Measuring the impact of economic
harmonization; transport policy; energy policy; and
integration
environmental policy. Industrial policy is included
Part II of this book is devoted to a discussion of the theo- because variations in it would be tantamount to aford-
retical and practical aspects of EU market integration. ing difering protection to national domestic industry.
Chapter 6 covers the theory of economic integration, he absence of tax harmonization would have conse-
providing an overall picture of the analysis of the eco- quences equivalent to those of disparate industrial pol-
nomic implications of the creation of a single market on icies. Similar considerations apply to transport, energy
both the partner nations and the rest of the world. It is and the environment. Of course, transport and energy
followed by a consideration of these aspects in terms of are also dealt with as industries in their own right, as
the EU’s Single European Market (SEM) in Chapter 7, well as providers of social services, and the environ-
with Chapter 8 dealing entirely with the question of the ment is treated in terms of tackling pollution and the
free movement of capital, labour and enterprise within consequent health beneits.
the EU. Chapter 9 then deals with the nature and prob-
Part V EU budget and structural policies
lems of the measurement of the impact of the formation
Chapter 19 he general budget
of the EU on trade, production and factor mobility.
Chapter 20 he Common Agricultural Policy
Part III EU monetary integration Chapter 21 he Common Fisheries Policy
Chapter 10 he theory of monetary integration Chapter 22 Regional policy
Chapter 11 he development of EU economic and Chapter 23 Social policies: the employment
monetary integration dimension
Chapter 12 he operation of EMU
Part V of this book covers all EU policies that address
Part III covers all aspects of that far-reaching and most certain structural aspects of the EU economy and
Preface xix
he book is written in such a way that pure theory and measurement considerations which pertain to all
and measurement techniques are conined to separate schemes. hose interested only in the EU policy areas
chapters. his means that the policy chapters should can drop Chapters 2–6 and 9, although Chapter 2 is
be accessible to all readers. However, it also means that important for a proper understanding. hose interested
those who seek a rigorous, yet brief, background on only in the EU economic policies can drop Chapters
international economic integration can ind it handily 2–4 and 23 and, if not interested in the future of the
in the same book. Moreover, as my contributors will EU, can also drop Chapter 26. hose interested only in
no doubt attest, my editing style has been to ensure EMU and the euro can conine themselves to Chapters
that the book reads as a whole, not as a collection of 7, 8 and 10–12, but are advised to read Chapters 2 and
independent articles, each contributed for its own sake. 26 for a proper understanding; those interested in this
his has been ensured through thorough editing and area with an emphasis on the UK will ind my book he
consultation with the contributors, cross-referencing, Euro and Britain: Implications of Moving into EMU
allowing repetition only where absolutely necessary, (2002) more appropriate. Also various combinations
logical sequencing and a setting which begins with of chapters can be made, depending on what the user/
an introductory chapter and inishes with one on the reader has in mind – for example, those interested in a
future of the EU. In the process, I have tried my best very basic understanding of the EU can use Chapters 2,
not to distract from any contributor’s own writing style. 3, 5 and 26.
herefore the reader has a unique product which ofers Finally, the entire book is written with those who
a truly single entity, yet is authored by several acknowl- want to pursue further study in mind. hus, within
edged authorities in the various ields. every chapter the reader is referred to the most rel-
As to the reader’s guide, for those truly interested evant research publications in the ield and these are
in the EU as a whole, you will of course have to read fully set out in the Bibliography at the end of the book.
the entire book, if you really want to understand it Nevertheless, there are also guides to further reading
as a most successful scheme of international eco- at the end of each chapter, but no guides to other texts,
nomic integration, with aspirations going beyond that. since it is not our task to supply them, especially when
However, those who are simply interested in the EU this book is a pioneer in its ield and covers more than
itself without the global context can skip Chapters one ield of study – it is not conined to economics.
6, 9 and 10, since these are devoted to theoretical
xx
Abbreviations
xxi
xxii List of abbreviations
1
2 Ali El-Agraa
5. In complete political unions (PUs), MNs literally (1954) to refer to the simple act of the removal of
become one nation – that is, the central authority impediments on trade between MNs. he term ‘posi-
needed in EcUs should be paralleled by a common tive integration’ relates to the modiication of existing
parliament and other institutions needed to guar- instruments and institutions, and, more importantly,
antee the sovereignty of one state. to the creation of new ones so as to enable the market
of the integrated area to function properly and efec-
However, one should hasten to add that political tively and also to promote other broader policy aims
integration need not be, and in the majority of cases of the scheme. Hence, at the risk of oversimpliication,
will never be, part of this list. Nevertheless, it can of according to this classiication, it can be stated that sec-
course be introduced as a form of unity and for no eco- toral integration and FTAs/PTAs are forms of IEI which
nomic reason whatsoever, as was the case with the two require only negative integration, while the remaining
Germanys in 1990, and as is the case with the pursuit types require positive integration, since as a minimum
of the uniication of the Korean Peninsula, although they need the positive act of adopting common external
we should naturally be interested in its economic con- trade and investment relations. However, in reality this
sequences (see Section 1.5, page 14). More generally, distinction is oversimplistic, not only because practi-
we should stress that each of these forms of IEI can be cally all existing types of IEI have found it essential to
introduced in its own right; hence they should not be introduce some elements of positive integration, but
confused with stages in a process which eventually leads also because theoretical considerations clearly indicate
to complete economic or political union. that no scheme of IEI is viable without certain elements
It should also be noted that there may be sectoral of positive integration – for example, even the ECSC
integration, as distinct from general, across-the-board deemed it necessary to establish new institutions to
IEI, in particular areas of the economy, as was the case tackle its speciied tasks (see Chapter 2).
with the European Coal and Steel Community (ECSC;
see Chapters 2 and 17), created in 1951, but sectoral
integration is considered to be only a form of coopera- 1.3 Economic integration and WTO rules
tion because it is inconsistent with the accepted deini-
tion of IEI, and also because it may contravene the rules here are four basic WTO principles: (a) trade liberaliza-
of the General Agreement on Tarifs and Trade (GATT), tion on a most favoured nation (MFN) basis (the lowest
which began to be run by the WTO in 1995 (see next tarif applicable to one member must be extended to all
page). Sectoral integration may also occur within any members); (b) non-discrimination; (c) transparency of
of the mentioned schemes, as is the case with the EU’s instruments used to restrict trade (now called tariica-
Common Agricultural Policy (CAP; see Chapter 20), tion); and (d) the promotion of growth and stability of
but then it is nothing more than a ‘policy’. the world economy. More generally, these principles
It has been claimed that IEI can be negative or posi- are reduced to three: non-discrimination, transparency
tive. he term ‘negative IEI’ was coined by Tinbergen and reciprocity. GATT’s Article XXIV (GATT 1986, p.
The EU within the context of regional integration worldwide 3
42; see also WTO, which subsumed GATT in 1994, to coincide with GATT’s Kennedy Round of tarif
and hence can be used interchangeably) allows the reductions (by about 35 percent) in 1967. However,
formation of IEI schemes on the understanding that experience suggests that IEI can be associated with
(a) they may not pursue policies which increase the protectionism – for example, in the EU case, after the
level of protection beyond that which existed prior to irst oil crisis there was a proliferation of non-tarif bar-
their formation; (b) tarifs and other trade restrictions riers (NTBs), which is why the single European market
(with some exceptions) are removed on substantially (SEM) programme (Chapters 2 and 7) was introduced
(increasingly interpreted to mean at least 90 per cent of in 1992 – but the point about the WTO not being able to
intra-MN trade) all the trade among MNs; and (c) they deter countries from pursuing IEI has general validity:
become established within a reasonable period of time. the WTO is ultimately dependent on MSs respecting
Box 1.1 provides the full text of item 5 of Article XXIV. its rules.
he drafters of Article XXIV.5 recognized the beneits Of course, these considerations are more compli-
of closer IEI, even though this contradicted one of the cated than is suggested here, particularly since there
basic WTO principles, that of non-discrimination. are those who would argue that nothing could be more
here are more serious arguments suggesting that discriminatory than for a group of nations to remove
Article XXIV is in direct contradiction of the spirit all tarifs and other trade impediments (import quotas
of WTO (see Chapter 6 and, inter alios, Dam 1970). and NTBs) on their mutual trade while at the same
However, Wolf (1983, p. 156) argues that if nations time maintaining the initial levels against outsiders.
decide to treat one another as if they were part of a Indeed, it is diicult to ind ‘clubs’ which extend equal
single economy, nothing can be done to prevent them privileges to non-subscribers, although the Asia Paciic
from doing so, and that IEI schemes, particularly the Economic Cooperation (APEC) forum aspires to ‘open
EU at the time of its formation in 1957, can have a regionalism’, one interpretation of which is extending
strong impulse towards liberalization; in the EU case, the removal of restrictions on trade and investment
the setting of CETs by 1969 (see Chapter 24) happened to all countries, not just MNs. his point lies behind
4 Ali El-Agraa
the concern about whether IEI hinders or enhances So the EU today includes ive of the world’s top ten
the prospects for the free multilateral reductions in economies. Also, the EU has proved a magnet for
trade barriers that the WTO is supposed to promote new members, so in addition to the founding MNs,
(see El-Agraa 1999, for the arguments for and against). known as the Original Six (hereafter, the Six), there
Moreover, as we shall see in Chapter 6, IEI schemes are now an extra 21 MSs (see Table 1.2 for a tabula-
may lead to resource reallocation efects that are eco- tion of European states and their IEI arrangements).
nomically undesirable. However, to deny nations the he EU of 27 continues to receive applications for
right to form such associations, particularly when the membership, hence it is set to include practically
main driving force may be political rather than eco- the whole of Europe and may go beyond the geo-
nomic, would have been a major setback for the world graphical area if Turkey succeeds in joining in 2015
community. Hence, much as Article XXIV raises seri- (see Chapter 2). No other scheme matches this eco-
ous problems in terms of how it its in with the general nomic size and diversity.
spirit of the WTO, and many proposals have been put 2. In terms of the voluntary nature of membership,
forward for its reform, its adoption also relects deep the EU is the oldest IEI scheme in operation. his
understanding of the future development of the world longevity is part of its attraction.
economy. 3. Most vitally, the EU has the deepest scheme of IEI.
It is almost a complete economic union (EcU; see
pages 1 and 2): (a) it is practically a complete CM;
1.4 Economic integration worldwide (b) 17 of its 27 MSs have the same currency (euro),
with the European Central Bank in charge of euro-
Although this book is concerned with the EU, it is zone monetary policy; (c) it has a system for moni-
important to view the EU within the context of the toring and inluencing iscal policy, the Stability and
global experience of IEI. his section provides a brief Growth Pact (see Chapters 11 and 12); (d) it has its
summary of this experience. (See El-Agraa 1997 for full own budget, inancing a range of policies; and since
and detailed coverage, and Crawford and Fiorentino the Treaty of Lisbon came into force on 1 December
2006 and the WTO website for the latest information.) 2009 it has (e) a single president of the European
Since the end of the Second World War various forms Council; and (f) a foreign policy chief who controls a
of IEI have been proposed and numerous schemes vast diplomatic corps, now being established.
have actually been implemented. Even though some of
he inluence of the EU is simply due to its relative
these were subsequently discontinued or completely
global weight. Using 2008 data (see Table 1.3), the
reformulated, the number adopted during the decade
population of EU27 exceeds that of NAFTA (Canada,
following 1957 was so great as to prompt Haberler in
Mexico and the USA) by about 43 million (9.7 per cent)
1964 to describe that period as the ‘age of [IEI]’. Since
and is the third largest in the world, after China (1,325
1964, however, there has been a further proliferation
million) and India (1,140 million). he combined eco-
of IEI schemes, so Haberler’s description may be more
nomic weight of EU27, in terms of GNI, converted using
apt for the post-1964 era: by December 2008, 421 RTAs
the World Bank’s Atlas method for exchange rates,
had been notiied to the WTO,1 and 230 of these are still
exceeds that of NAFTA by about $249 billion (1.46 per
in force.
cent), and, using purchasing power parity (PPP), falls
short of it by about $2,384 billion (13.59 per cent).
1.4.1 Economic integration in Europe he European Free Trade Association (EFTA) is the
other major scheme of IEI in Europe. To understand
he EU is the most signiicant and inluential of IEI
its membership one has to know something about its
schemes. here are three reasons, which, when taken
history (detailed in Chapter 2). In the mid-1950s, when
together, explain this signiicance:
the European Economic Community (EEC) of the
1. Of the six EU founding states, Germany, France and Six plus the UK was being contemplated, the UK was
Italy were top-ten world economies. Since then, unprepared to commit itself to some of the economic
two such economies have joined, the UK and Spain. and political aims envisaged for that Community
The EU within the context of regional integration worldwide 5
Austria ✓ ✓
Belgium ✓ ✓
Bulgaria ✓ ✓
Cyprus ✓ ✓
Czech Rep. ✓ ✓
Denmark ✓ ✓
Estonia ✓ ✓
Finland ✓ ✓
France ✓ ✓
Germany ✓ ✓
Greece ✓ ✓
Hungary ✓ ✓
Ireland ✓ ✓
Italy ✓ ✓
Latvia ✓ ✓
Lithuania ✓ ✓
Luxembourg ✓ ✓
Malta ✓ ✓
Netherlands ✓ ✓
Poland ✓ ✓
Portugal ✓ ✓
Romania ✓ ✓
Slovak Rep. ✓ ✓
Slovenia ✓ ✓
Spain ✓ ✓
Sweden ✓ ✓
UK ✓ ✓
Albania Applied in 2009
Bosnia & Herzegovina Hopes to apply soon
Croatia Negotiating since
2004
Macedonia Applied in 2004
Montenegro Applied in 2008
Serbia Applied in 2009
Turkey Negotiating since
2005 for 2015
Iceland Applied in 2009 ✓ ✓
Norway ✓ ✓
Switzerland ✓
(Liechtenstein) ✓ ✓
6 Ali El-Agraa
– for example, the adoption of a Common Agricultural Before the dramatic events of 1989–90, IEI schemes
Policy and the eventual political unity of Western in Europe were not conined to the EU and EFTA.
Europe were seen as aims that were in direct con- he socialist planned economies of Eastern Europe
lict with the UK’s powerful position in the world and had their own arrangement: the Council for Mutual
its interests in the Commonwealth, particularly with Economic Assistance (CMEA), or COMECON as it was
regard to ‘Commonwealth preference’, which granted generally known in the West. he CMEA was formed
special access to the markets of the Commonwealth. in 1949 by Bulgaria, Czechoslovakia, the German
Hence the UK favoured the idea of a Western Europe Democratic Republic, Hungary, Poland, Romania
which adopted free trade in industrial products only, and the USSR; they were later joined by three non-
thus securing for itself the advantages ofered by the European countries: Mongolia (1962), Cuba (1972) and
Commonwealth as well as opening up Western Europe Vietnam (1978). In its earlier days, before the death of
as a free market for its industrial goods. In short, the UK Stalin, CMEA activities were conined to the collation
sought to achieve the best of both worlds, but such an of MNs’ plans, the development of a uniform system
arrangement was not acceptable to those seriously con- of reporting statistical data and the recording of for-
templating the formation of the EEC, especially France, eign trade statistics. However, during the 1970s the
which stood to lose in an arrangement excluding a CMEA adopted a series of measures to implement a
common policy for agriculture (see Chapter 20). As a ‘Comprehensive Programme of Socialist Integration’,
result, the UK approached those Western European hence indicating that the organization was moving
nations which had similar interests, with the purpose of towards a form of integration based principally on plan
forming an alternative scheme of IEI to counteract any coordination and joint planning activity, rather than
possible damage due to the formation of the EEC. he on market levers (Smith 1977). he CMEA comprised
outcome was EFTA, which was established in 1960 by a group of relatively small countries and one ‘super-
the Stockholm Convention, with the object of creating power’, and the long-term aim of the association was to
a free market for industrial products only; there were achieve a highly organized and integrated bloc, without
some agreements on non-manufactures, but these any agreement ever having been made on how or when
were relatively unimportant. that was to be accomplished.
he membership of EFTA consisted of Austria, he CMEA’s demise inevitably came about due to
Denmark, Norway, Portugal, Sweden, Switzerland the dramatic changes that took place in Eastern Europe
(and Liechtenstein) and the UK. Finland became an and the former USSR in the 1980s, together with the
associate member in 1961 and Iceland joined in 1970 fact that the CMEA did not really achieve much in
as a full member. But Denmark, Ireland and the UK terms of economic integration – indeed some analysts
joined the European Community (EC; what the EEC have argued that the entire organization was simply
became) in 1973; Portugal and Spain did so in 1986; an instrument for the USSR to dictate its wishes to the
and Austria, Finland and Sweden joined in 1995. All the rest of the group (El-Agraa 1988b). However, soon after
remaining EFTA countries except Switzerland – that is, the USSR’s demise, twelve of the ifteen former Soviet
Iceland, Liechtenstein and Norway – now belong to the Republics formed the Commonwealth of Independent
European Economic Area (EEA), a scheme introduced States (CIS) to bring them closer together in a relation-
in 1992 which provides economic but not political ship originally intended to match the EU’s, but the
membership of the EU – being part of the SEM without relationship remains very limited.
having a say in EU decisions. Before leaving Europe, mention should be made of
The EU within the context of regional integration worldwide 7
the Central European Free Trade Agreement (CEFTA), but the recent creation of the Community of Sahel-
the Council of the Baltic Sea States (CBSS) and the Saharan States (CENSAD) has brought it in line with
Nordic Community. CEFTA was originally formed the rest of Africa.
by Czechoslovakia, Hungary and Poland in 1992, but UMA, created in 1989, aimed for a CU before the
with EU enlargement members have left when they end of 1995 and a CM by 2000, but has yet to achieve a
joined the EU and new countries have joined, so it has mere FTA. CENSAD, established in February 1998, has
moved southwards to include the republics of former no clear objectives, not even with regard to a trade lib-
Yugoslavia,2 Albania and Moldova. he CBSS involves eralization strategy, but since its MNs belong to other
eleven states, nine EU states bordering the Baltic, blocs, the aims of these are pertinent. ECOWAS was
Norway and Russia, and it involves cooperation but not launched in 1975 with the aim of creating an economic
economic integration. he Nordic Community involves and monetary union, but its revised treaty envisaged
ive Nordic countries: Denmark, Finland, Iceland, a mere CU by 2000, later delayed to 1 January 2003,
Norway and Sweden.3 In spite of claims to the contrary and some MNs do not even apply an FTA. UEMOA,
(Sundelius and Wiklund 1979), the Nordic scheme is created in 1994 by the francophone MNs of ECOWAS,
one of cooperation rather than IEI, since its members is now a CU, introducing its CETs in January 2000,
belong to either the EU or the EEA, through which eco- but applying them to the rest of ECOWAS as well, and
nomic integration is organized. some MNs are still not even FTAs! MRU, established
in 1973, is a CU with a certain degree of cooperation
in the industrial sector. ECCAS has been dormant for
1.4.2 Economic integration in Africa
almost a decade, but has recently been resuscitated.
Africa has numerous schemes of IEI (see Table 1.4), CEPGL was created in 1976, but is virtually inactive due
with practically all the African countries belonging to the conlicts within the bloc. Most activity in this part
to more than one scheme. If we include involuntary of Africa is conined to CEMAC, which has a common
colonial integration, Africa could claim to have the currency and has taken steps towards a CU. COMESA,
oldest two schemes in the world: the Southern African established in 1993, launched an FTA in October 2000
Customs Union (SACU, 1910, which is dominated by comprising nine of its MNs. Note that of the MNs of
South Africa, with all members except for Botswana the EAC (irst truly established in 1967), Kenya and
part of a Rand-based common monetary area), and Uganda are also members of COMESA, while Tanzania
the East African Community (EAC, established by the also belongs to SADC, having earlier withdrawn from
British in 1919 for their own colonial administrative COMESA. he EAC and COMESA, in their May 1997
ease). Memorandum of Understanding, agreed to become a
In West Africa, the Union Économique et Monétaire CU. SADC aims to achieve an FTA within the next ive
de l’ouest-Africaine (UEMOA) and Mano River Union years. Note that IGAD (formed in 1996 to replace the
(MRU) coexist with the Economic Community of West equivalent Association on Drought and Development
African States (ECOWAS), with considerable member- of 1986) and the Indian Ocean Commission (IOC, set
ship overlap. A similar situation exists in Central Africa, up in 1982, with vague aims and ambitions, except for
with the Economic Community of Central African concentration on some functional cooperation areas,
States (ECCAS), the Communauté Économique et such as isheries and tourism) have agreed to adopt
Monétaire des États de l’Afrique Centrale (CEMAC) COMESA’s aims.
and the Economic Community of the Countries of Hence the unique characteristic of IEI in Africa is
the Great Lakes (CEPGL). In eastern Africa there is the multiplicity of overlapping schemes, made more
the Common Market for Eastern and Southern Africa complicated by the coexistence of intergovernmental
(COMESA), with the Intergovernmental Authority on cooperation organizations. For example, in West Africa
Development (IGAD) and the East African Community alone, in 1984 there was a total of thirty-three schemes
(EAC) as smaller inner groups. In southern Africa there and intergovernmental cooperation organizations,
are the Southern African Development Community and by the late 1980s, about 130 intergovernmental,
(SADC) and the Southern African Customs Union multi-sectoral economic organizations existed simul-
(SACU). Northern Africa used to be the only subregion taneously with all the above-mentioned IEI schemes
with a single scheme, the Arab Maghreb Union (UMA), (Adedeji 2002, p. 6). hat is why the United Nations
8 Ali El-Agraa
Country Scheme
ECOWAS
COMESA
CENSAD
UEMOA
CEMAC
CEPGL
ECCAS
SADC
SACU
IGAD
UMA
MRU
EAC
AEC
IOC
AU
Algeria ✓ ✓ ✓
Angola ✓ ✓ ✓ ✓ ✓
Benin ✓ ✓ ✓ ✓ ✓
Botswana ✓ ✓ ✓ ✓
Burkina Faso ✓ ✓ ✓ ✓ ✓
Burundi ✓ ✓ ✓ ✓ ✓ ✓
Cameroon ✓ ✓ ✓ ✓
Cape Verde ✓ ✓ ✓
Central African ✓ ✓ ✓ ✓ ✓
Rep.
Chad ✓ ✓ ✓ ✓ ✓
Comoros ✓ ✓ ✓ ✓
Congo ✓ ✓ ✓ ✓
Congo Dem. ✓ ✓ ✓ ✓ ✓ ✓
Rep.
Côte d’Ivoire ✓ ✓ ✓ ✓ ✓
Djibouti ✓ ✓ ✓ ✓ ✓
Egypt ✓ ✓ ✓ ✓
Equatorial ✓ ✓ ✓ ✓
Guinea
Eritrea ✓ ✓ ✓ ✓ ✓
Ethiopia ✓ ✓ ✓ ✓
Gabon ✓ ✓ ✓ ✓
Gambia ✓ ✓ ✓ ✓
Ghana ✓ ✓ − ✓ ✓
Guinea–Bissau ✓ ✓ ✓ ✓ ✓
Guinea– ✓ ✓ ✓ ✓ ✓
Conakry
Kenya ✓ ✓ ✓ ✓ ✓ ✓
Lesotho, ✓ ✓ ✓ ✓
Kingdom of
Liberia ✓ ✓ ✓ ✓ ✓
Libya ✓ ✓ ✓ ✓
Madagascar ✓ ✓ ✓ ✓ ✓
Malawi ✓ ✓ ✓ ✓
Mali ✓ ✓ ✓ ✓ ✓
Mauritania ✓ ✓ ✓ ✓
Mauritius ✓ ✓ ✓ ✓ ✓
Morocco ✓ ✓ ✓
Mozambique ✓ ✓ ✓
Namibia ✓ ✓ ✓ ✓
Niger ✓ ✓ ✓ ✓ ✓
Nigeria ✓ ✓ ✓ ✓
The EU within the context of regional integration worldwide 9
Country Scheme
ECOWAS
COMESA
CENSAD
UEMOA
CEMAC
CEPGL
ECCAS
SADC
SACU
IGAD
UMA
MRU
EAC
AEC
IOC
AU
Réunion ✓ ✓
Rwanda ✓ ✓ ✓ ✓ ✓
Saharawi Arab ✓ ✓
Dem. Rep.
São Tomé and ✓ ✓ ✓ ✓
Príncipe
Senegal ✓ ✓ ✓ ✓ ✓
Seychelles ✓ ✓ ✓ ✓ ✓
Sierra Leone ✓ ✓ ✓ ✓ ✓
Somalia ✓ ✓ ✓ ✓
South Africa ✓ ✓ ✓ ✓
Sudan ✓ ✓ ✓ ✓ ✓
Swaziland ✓ ✓ ✓ ✓ ✓
Tanzania ✓ ✓ ✓ ✓
Togo ✓ ✓ ✓ ✓ ✓
Tunisia ✓ ✓ ✓ ✓
Uganda ✓ ✓ ✓ ✓ ✓
Zambia ✓ ✓ ✓ ✓
Zimbabwe ✓ ✓ ✓ ✓
Economic Commission for Africa (UNECA) recom- more elaborate, more advanced and more demanding
mended in 1984 that there should be some ration- in terms of administrative requirements and political
alization of the economic cooperation attempts in West commitment.’
Africa. herefore, some would claim that the crea-
tion, by all the African nations except Morocco, of the
1.4.3 Economic integration in the western
African Economic Community (AEC) in 1991, and the
hemisphere
African Union (AU) in 2001 by the Constitutive Act,
are the appropriate response; the AU replaced the IEI in Latin America has been too volatile to describe
Organization for African Unity (OAU). However, such in simple terms, as the post-1985 experience has been
a claim would be incorrect, since the AEC not only very diferent from that in the 1960s and 1970s. At the
oicially endorses all the existing African IEI schemes, risk of oversimplifying, one can state that there are
but also encourages the creation of new ones, while four IEI schemes in this region (see Table 1.5). Under
remaining silent on how they can all coexist (El-Agraa the 1960 Treaty of Montevideo, the Latin American
2004). When this uniqueness is combined with the Free Trade Association (LAFTA) was formed between
proliferation of schemes, one cannot disagree with Mexico and all the countries of South America except
Robson (1997) when he declares that, regarding IEI, for Guyana and Surinam. LAFTA came to an end in
‘Reculer pour mieux sauter is not a dictum that seems to the late 1970s, but was promptly succeeded by the
carry much weight . . . On the contrary, if a certain level Association for Latin American Integration (Asociación
of [IEI] cannot be made to work, the reaction of policy Latinoamericana de Integración, ALADI or LAIA) in
makers has typically been to embark on something 1980. he Managua Treaty of 1960 established the
10 Ali El-Agraa
NAFTA:
Canada ✓
Mexico ✓ ✓
USA ✓
Caribbean:
Belize ✓ ✓
Costa Rica ✓
El Salvador ✓
Guatemala ✓
Honduras ✓
Nicaragua ✓
Panama ✓
Central America:
Antigua and ✓
Barbuda
Bahamas ✓
Barbados ✓
Dominica ✓
Grenada ✓
Jamaica ✓
Montserrat ✓
St Kitts and Nevis ✓
St Lucia ✓
St Vincent and ✓
Grenadines
Trinidad and Tobago ✓
South America:
Argentina ✓ ✓
Bolivia ✓ ✓
Brazil ✓ ✓
Chile ✓ ✓
Colombia ✓ ✓
Ecuador ✓ ✓
Guyana ✓
Paraguay ✓ ✓
Peru ✓ ✓
Uruguay ✓ ✓
Venezuela ✓ ✓ ✓
Central American Common Market (CACM) between closer link between some of the least developed nations
Costa Rica, El Salvador, Guatemala, Honduras and of LAFTA, now LAIA.
Nicaragua. In 1969 the Andean Pact (AP) was estab- Since the debt crisis in the 1980s, IEI in Latin
lished under the Cartagena Agreement, forming a America has taken a new turn, with Mexico joining
The EU within the context of regional integration worldwide 11
Australia ✓ ✓
Brunei ✓ ✓ ✓ ✓
Cambodia ✓ ✓
Chile ✓
China ✓ ✓
Hong Kong ✓ ✓
Indonesia ✓ ✓ ✓ ✓
Japan ✓ ✓
Laos ✓ ✓ ✓
Malaysia ✓ ✓ ✓ ✓
Myanmar ✓ ✓ ✓
New Zealand ✓ ✓
Papua New ✓
Guinea
Philippines ✓ ✓ ✓ ✓
Singapore ✓ ✓ ✓ ✓
South Korea ✓ ✓
Taiwan ✓ ✓
hailand ✓ ✓ ✓ ✓
Vietnam ✓ ✓ ✓ ✓
Bahrain ✓
Egypt ✓
Iran, Islamic
Rep.
Iraq ✓
Jordan ✓
Kuwait ✓
Libya ✓
Oman ✓
Qatar ✓
Saudi Arabia ✓
Syrian Arab ✓
Rep.
UAE ✓
Yemen Rep. ✓
Canada ✓
Mauritania
Mexico ✓
Pakistan ✓
Peru ✓
Russian ✓
Federation
Turkey ✓
USA ✓
The EU within the context of regional integration worldwide 13
PTA with an East Asian Community (see, inter alios, El- the reckoning; China immediately obliged by declar-
Agraa 2010a, b) in mind, was agreed with China, Japan ing that it would do this for a vast number of products,
and South Korea in 2003, but has yet to be inalized; an act conditional on WTO membership which China
the same is also true of an ASEAN+6, which includes was negotiating at the time. In November 1998 Peru,
Australia, India and New Zealand. Russia and Vietnam joined APEC, increasing its total
On 8 December 1985 the South Asian Association membership to twenty-one nations. In its 2004 meeting
for Regional Cooperation (SAARC) was established by in Bangkok, hailand, APEC outlined its priorities to be
Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan the promotion of trade and investment liberalization,
and Sri Lanka. Its aim is to accelerate the process of the enhancement of human security, and using the
economic and social development of the members, but organization to help people and societies to beneit
within the wider context of working together in a ‘spirit from globalization. And in the 2010 summit, with the
of friendship, trust and understanding’. In November inancial crisis in mind, its leaders declared their sup-
2005, at the thirteenth summit, held in Dhaka, port for the goals of the G-20 London 2009 Framework
Bangladesh, SAARC agreed to admit Afghanistan as a for Strong, Sustainable and Balanced Growth, by join-
member, to grant China and Japan observer status and ing in their commitment to:
to irmly commit to the realization of a South Asian
1. work together to ensure that macroeconomic,
Economic Union as well as an FTA (SAFTA).
regulatory and structural policies are collectively
In 1965 Australia and New Zealand entered into
consistent with more sustainable and balanced tra-
an FTA called the New Zealand Australia Free Trade
jectories of growth;
Area. his was replaced in 1983 by the more important
2. promote current account sustainability and open
Australia New Zealand Closer Economic Relations and
trade and investment to advance global prosperity
Trade Agreement (CER, for short): not only have major
and growth sustainability;
trade barriers been removed, but signiicant efects on the
3. undertake macro prudential and regulatory policies
New Zealand economy have been experienced as a result.
to help prevent credit and asset price cycles from
A scheme for the Paciic Basin integration-cum-
becoming forces of destabilization; and
cooperation was being hotly discussed during the
4. promote development and poverty reduction as
1980s. In the late 1980s I argued (El-Agraa 1988a,
part of the rebalancing of global growth.
b) that ‘given the diversity of countries within the
Paciic region, it would seem highly unlikely that a very Oicially speaking, APEC aims to further enhance eco-
involved scheme of integration would evolve over the nomic growth and prosperity as well as strengthening
next decade or so’. the Asia-Paciic region. It claims to be the only inter-
Various fora involving governments, business and governmental grouping in the world that operates on
academics existed across the region,4 but the Asia the basis of non-binding commitments, open dialogue
Paciic Economic Cooperation (APEC) forum was and equal respect for the views of all participants. It has
established in 1989 by ASEAN plus Australia, Canada, no treaty obligations and reaches decisions by consen-
Japan, New Zealand, South Korea and the USA. hese sus and commitments entered into voluntarily; hence it
were joined by China, Hong Kong and Taiwan in 1991. is consistent with the WTO.
In 1993 President Clinton galvanized it into its present
form and its membership increased to eighteen nations
1.4.5 Economic integration in the Middle
by adding Chile, Mexico and Papua New Guinea. In
East
Bogor, Indonesia, in 1994, APEC declared its intention
to create a free trade and investment area embracing here are several schemes in the Middle East, but some
its advanced MNs by 2010, with the rest to follow ten of them extend beyond the geographical area tradition-
years later. APEC tried to chart the route for realizing ally designated as such. his is natural since there are
this vision in Osaka, Japan, in 1995, and came up with nations with Middle Eastern characteristics in parts of
the interesting resolution that each MN should unilat- Africa. he Arab League (AL) clearly demonstrates this
erally declare its own measures for freeing trade and reality since it comprises twenty-two nations, extend-
investment, but with agriculture completely left out of ing from the Persian Gulf in the east to Mauritania and
14 Ali El-Agraa
Morocco in the west. Hence the geographical area cov- of interrelationships. Considering the EU alone, since
ered by the scheme includes the whole of North Africa, a it is the main protagonist of PTAs, and adding the
large part of the ‘traditional’ Middle East, plus Djibouti seventy-eight African-Caribbean-Paciic (ACP) nations
and Somalia. he purpose of the AL is to strengthen the of the ACP–EU5 arrangement (see Chapters 24 and 25)
close ties linking Arab states, to coordinate their poli- as well as those of the EEA, one can understand why
cies and activities and to direct them to their common the term ‘spaghetti bowl’ has been used to describe this
beneit, and to mediate in disputes between them. web surrounding the EU.
hese are vague terms of reference, consistent with very
limited achievements. For example, the Arab Economic
1.4.7 Sectoral digressions
Council, whose membership consists of all Arab
Ministers of Economic Afairs, was entrusted with sug- here are two schemes of sectoral IEI that are not based
gesting ways for economic development, cooperation, on geographical proximity. he irst is the Organization
organization and coordination. he Council for Arab for Petroleum Exporting Countries (OPEC), founded
Economic Unity (CAEU), which was formed in 1957, in 1960 with a truly international membership; its aim
had the aim of establishing an integrated economy was to protect the main interest of its MNs, petroleum,
of all AL states. Moreover, in 1964 the Arab Common by setting production quotas, and hence determin-
Market was formed by Egypt, Iraq, Jordan and Syria, ing prices. he second is the Organization for Arab
but in practice never got of the ground. he excep- Petroleum Exporting Countries (OAPEC), established
tion seems to be the Gulf Cooperation Council (GCC), in January 1968 by Kuwait, Libya and Saudi Arabia,
established on 25 May 1981, which is keen to stress that joined in May 1970 by Algeria and the four Arab Gulf
long-lasting and deep religious and cultural ties link its Emirates (Abu Dhabi, Bahrain, Dubai and Qatar); in
members, and strong kin relationships prevail among March 1972 Iraq and Syria became members, and
its citizens. he GCC claims to have concrete objec- Egypt followed them in 1973; Tunisia joined in 1982,
tives as an economic and political policy-coordinating but withdrew in 1986 (OAPEC was temporarily liqui-
forum, and has growing cooperation, inter alia, on cus- dated in June 1971). here are also the Organization
toms duties, intellectual property protection, standard for Economic Cooperation and Development (OECD)
setting and intra-area investment, and has resolved and the World Trade Organization (WTO). However, all
most of the practical details for establishing a CU. his these are organizations for intergovernmental cooper-
was set for 2003, but has yet to happen. he target date ation rather than for economic integration. herefore,
for introducing a single currency was 2010, but disputes except where appropriate, nothing more shall be said
regarding the location of the common central bank in about them in this book.
Riyadh rather than the UAE have put this on hold. In
short, the GCC wants to bring together the Gulf states
and to prepare the ground for them to join forces in the 1.5 The possible gains from economic
economic, political and military spheres. integration
With regard to economic integration in the Middle
East, UMA, which aims to create an organization similar We shall see in Chapters 2 and 10 that the driving force
to the EU, has already been mentioned in the context of behind the formation of the EU, the earliest and most
Africa. But there is also the Arab Cooperation Council inluential of all existing IEI schemes (see page 4), was
(ACC), founded on 16 February 1989 by Egypt, Iraq, the political unity of Europe, with the aim of realizing
Jordan and the Yemen Arab Republic, with the aim of eternal peace in the continent. Some analysts would
boosting Arab solidarity and acting as ‘yet another link also argue that the recent EU attempts for more inten-
in the chain of Arab eforts towards integration’. sive economic integration can be cast in the same vein,
especially since they are accompanied by one currency,
the euro, a full-time president and a ‘foreign policy
1.4.6 An intricate web of relationships
supremo’ (see page 4 and Chapter 2). At the same time,
All these schemes are connected by an increasing during the late 1950s and early 1960s, IEI among devel-
number of PTAs. his had resulted in an intricate web oping nations was perceived as the only viable way to
The EU within the context of regional integration worldwide 15
make some real economic progress; indeed that was areas or preferential trading agreements; customs
the rationale behind the UN’s encouragement and sup- unions; common markets; and complete economic
port of such eforts. More recently, the drive for IEI has unions. But actual schemes do not strictly conform
been the belief that the opening up of markets would to these terms.
enhance the economic performance of the countries • IEI promotes the creation of ‘clubs’ between some
involved (see Chapter 6 for a list of possible gains). It is nations, and because clubs will always discriminate
conceded that the gains would be even greater if pur- against non-members, this contradicts GATT’s fun-
sued globally, but frustrations with the WTO’s slowness damental principle of ‘non-discrimination’.
in reaching agreement, due to the varied interests of • GATT’s Article XXIV allows the formation of IEI
its many participants, have led some to the conclusion schemes provided that: (a) they do not increase
that IEI would result in a quicker pace for negotiations their level of protection relative to what it was
since, by deinition, it would reduce the number of par- before their formation; (b) tarifs and other trade
ties involved. here are also practical considerations restrictions (with some exceptions) are removed on
and countries may feel that IEI would provide security substantially all the trade among MNs; and (c) they
of markets among the participants. hese possible gains become established within a reasonable period of
will be addressed in Chapters 6 and 9. time.
• Despite the provisos, many analysts are uncomfort-
able with GATT’s Article XXIV since it still contra-
1.6 Conclusion dicts the WTO’s principle of non-discrimination.
hey concede, however, that without it some
Several conclusions are reached from this brief pano- European countries would not have joined GATT.
rama of economic integration. First, although GATT’s • here are over 400 schemes of IEI in the world, of
Article XXIV allows for the formation of IEI schemes, it which the EU is the most signiicant, inluential
sits uneasily within the general spirit of the organiza- and committed to the deepest type of economic
tion. his is because the formation of clubs between integration.
some nations naturally discriminates between MNs • IEI has become popular for two reasons:
and non-members, which is in direct contradiction 1. One reason is that individual countries believe
of the principle of the WTO’s non-discrimination. But that their economies will beneit from free access
because of the strength of the commitment to IEI of to a larger market, lower costs through removal
some European nations, a compromise was needed; of barriers on trade, enhanced competition
hence the Article is in the nature of an accommoda- leading to better products and/or lower prices,
tion of ‘realities’, which enabled a wide membership greater innovation, and so forth.
of GATT to be achieved at its inception. Second, prac- 2. he other is that countries have become increas-
tically every country in the world belongs to at least ingly frustrated by the slow progress in achieving
one scheme of IEI, with Africa going mad in terms of global agreements through the WTO because
the number of schemes and overlapping membership. with 153 members it is diicult to reach a consen-
hird, the EU is the most signiicant and inluential sus: the Doha Round commenced in November
of all schemes. Fourth, the drive behind IEI is not 2001 and has yet to be inalized. It is also believed
conined to possible economic gains; indeed, political that the proliferation in IEI schemes may actu-
considerations are of the essence in some cases. ally induce countries to galvanize the WTO into
establishing the favoured multilateral regime.
Summary
Questions and essay topics
• IEI is deined as a state of afairs or a process which
involves the amalgamation of separate economies 1. Discuss the claim that IEI as deined by trade theo-
into larger free trading regions. rists is far removed from what one would expect on
• Conceptually, IEI can take several forms: free trade purely linguistic grounds.
16 Ali El-Agraa
2. What form can IEI integration take? El-Agraa, A. M. (1999) Regional Integration: Experience,
3. What are ‘positive’ and ‘negative’ IEI? heory and Measurement, Macmillan, London;
4. What does ‘WTO’ stand for? Barnes and Noble, New York.
5. Under what conditions does GATT/WTO condone
IEI? Assess the reasons for and the adequacy of N OT ES
these conditions.
6. What are the arguments for and against GATT’s 1 305 of these agreements since 1995.
Article XXIV? 2 Except Slovenia.
3 Plus the autonomous territories of the Faroe Islands,
7. Multilateral trade negotiations under GATT/WTO
Greenland and Åland.
have been reasonably successful. So why do coun-
4 here were and continue to be four such bodies: (1)
tries pursue the formation of IEI schemes?
Paciic Economic Cooperation Conference (PECC),
8. Is it true that a unique feature of IEI in Africa is its which is a tripartite structured organization with rep-
overlap and proliferation? If so, to what factors resentatives from governments, business and aca-
would you attribute such proliferation? demic circles, with the secretariat work being handled
9. What makes the EU the most signiicant of all IEI between general meetings by the country next hosting
schemes? a meeting; (2) Paciic Trade and Development Centre
10. What makes the EU the most inluential of all IEI (PAFTAD), which is an academically oriented organiza-
schemes? tion; (3) Paciic Basin Economic Council (PBEC), which
11. Discuss the proposition that IEI hinders eforts to is a private-sector business organization for regional
cooperation; and (4) Paciic Telecommunications
achieve the multilateral freeing of trade.
Conference (PTC), which is a specialized organization
for regional cooperation in this particular ield.
FURT HER RE AD I NG 5 Cuba became the seventy-ninth member in 2000, but
has not participated in the agreements.
El-Agraa, A. M. (1997) Economic Integration Worldwide,
Macmillan and St Martin’s, New York.
EU history, institutions and legal
Part I dimension
he aim of this part of the book is to provide a general background to the EU.
Chapter 2 gives a short account of the history of European integration and the devel-
opment of the EU. Chapter 3 provides a general description of EU institutions and
their functioning. Chapter 4 explores the legal dimension in EU integration. Chapter
5 is a general survey of the bare essentials of the EU economy, mainly using charts,
with the full statistical tables available on the website; it covers the major economic
indicators for the present EU27 MSs, as well as those involved in imminent enlarge-
ments and, to enable comparison, for the rest of those in the group of eight (G8, now
G20).
A history of European integration and the
2 evolution of the EU
AL I E L - AGR AA
19
20 Ali El-Agraa
by the tradition of free trade and Adam Smith’s argu- was set up in Geneva as a regional organization of the
ment, in An Inquiry into the Nature and Causes of the United Nations (UN). Its objective was to initiate and
Wealth of Nations (1776), that ‘the division of labour is participate in concerted measures aimed at securing
limited by the extent of the market’, which the German the economic restructuring of the whole of Europe. A
philosopher Friedrich Naumann utilized to propose in year later, the Brussels Treaty Organization (BTO) was
1915 that European nation states were no longer large founded by the UK, France, Belgium, the Netherlands
enough to compete on their own in world markets; and Luxembourg. In recognition of the newer USSR
therefore, they had to unite in order to guarantee their threat, it was designed to create a system of mutual
survival. assistance in times of attack on Europe, but it simul-
Despite the fact that there was no shortage of plans taneously perpetuated the wartime alliance against
for creating a united Europe, it was not until 1945 that Germany. he BTO took an Atlantic form in 1949, when
a combination of new forces and an intensiication the ive nations, together with the USA and Canada,
of old ones prompted action. First, Europe had been as well as Denmark, Iceland, Italy (signiicantly, since
at the centre of yet another devastating war, caused it had been an Axis power), Norway and Portugal,
by the ambitions of nation states. hose who sought founded the North Atlantic Treaty Organization
and some of those who still seek a united Europe have (NATO). he aim of NATO was, and continues to be,
always had at the forefront of their minds the desire to to provide military defence against attack on any of its
prevent any further outbreak of war in Europe. It was members.2
believed that if the nations of Europe could be brought Also, in 1948 the Organization for European
closer together, such war would become unthinkable. Economic Cooperation (OEEC) was formed, followed
Second, the Second World War left Europe economi- a year later by the Council of Europe. hese marked
cally exhausted, and this led to the view that if Europe the beginning of the division of Western Europe into
were to recover, it would require a concerted efort two camps, with, on the one hand, the UK and some
on the part of the European states. hird, the Second of the countries that later formed the European Free
World War also soon revealed that for a long time Trade Association (EFTA), and, on the other, Belgium,
Western Europe would have to face not only a powerful France, West Germany, Italy, Luxembourg and the
and politically alien USSR, but also a group of European Netherlands, usually referred to as the Original Six
nations irmly ixed within the Eastern European bloc. (hereafter, the Six), who subsequently established the
It was felt that an exhausted and divided Europe (since European Economic Community (EEC). he main
the war embraced cobelligerents) presented both a reason for this division was that the UK was less com-
power vacuum and a temptation to the USSR to ill it. mitted to Europe as the main policy area than the Six.
Fourth, the ending of the war soon revealed that the his was because, until the second half of the 1950s,
wartime allies were in fact divided, with the two major the UK was still a world power which had been on the
powers, the USA and the USSR, confronting each other victorious side and a major participant in some of the
in a bid for world supremacy. Hence it should come fateful geopolitical decision-making at the time, and
as no surprise to learn that members of the European it still had the Empire to dispose of. herefore, British
Movement, who wanted to get away from intergovern- policy was bound to incorporate this wider dimension:
mental cooperation by creating institutions leading to relations with Europe had to compete with Empire
a Federal Europe, felt the need for a third world force: (later, Commonwealth) ties and with the ‘special rela-
‘the voice of Europe’. his force would represent the tionship’ with the USA. In addition, the idea of a politi-
Western European viewpoint and could also act as a cally united Europe (as we have seen, in some quarters
bridge between the eastern and western extremities. this meant a United States of Europe) was strongly
held by the other countries, particularly by France and
Benelux: Belgium, the Netherlands and Luxembourg
2.2.1 Concrete unity efforts
agreed in 1944 to form a customs union (for a techni-
he irst concrete move for regional integration in cal deinition, see Section 1.2, page 1), which did not
Europe was made in 1947, with the establishment of become efective until 1948. But despite the encour-
the Economic Commission for Europe (ECE), which aging noises made by Winston Churchill, the British
A history of European integration and the evolution of the EU 21
prime minister, both during the Second World War and wanted to introduce a supranational element into the
afterwards, this was not a concept that thrilled British new organization. But what is supranationalism? It can
hearts (see Young 1998 for an excellent exposition of mean a situation in which international administrative
the British attitude towards European uniication). institutions exercise power, for example, over the econ-
he diferent thinking between the UK and the Six omies of the member states; or in which ministerial
about the political nature of European institutions was bodies, when taking decisions (to be implemented by
revealed in the discussions leading up to the estab- international organizations), work on a majority voting
lishment of the OEEC and the Council of Europe. he system rather than insisting on unanimity.
Second World War had left Europe devastated. he he French view was not shared by the British, who
year 1947 was particularly bleak: bad harvests the pre- favoured a body that would be under the control of a
vious summer led to rising food prices; the severe ministerial council in which decisions would be taken
winter of 1946–7 led to a fuel crisis; the continental on a unanimous basis. he French, on the other hand,
countries were producing very little, and what was preferred an arrangement in which an international
produced tended to be retained rather than exported, secretariat would be presided over by a secretary-
while imports were booming, hence foreign exchange general who would be empowered to take policy ini-
reserves were running out. It was at this juncture that tiatives on major issues. Signiicantly, the organization
the USA entered the scene to present the Marshall Plan. that emerged was substantially in line with the British
General George Marshall proposed that the USA should wish for unanimous rule. his was undoubtedly a
make aid available to help the European economy ind relection of the UK’s relatively powerful position in the
its feet and that European governments ‘should get world at the time and her close alliance with the USA.
together’ to decide how much assistance was needed. In the light of subsequent events, it is also interesting
In short, the USA did not feel it appropriate that it to note that the USA encouraged European nations to
should unilaterally decide on the programme neces- consider the creation of a customs union. Although this
sary to achieve this result. Although it seemed possible was of considerable interest to some continental coun-
that this aid programme could be elaborated within tries, it did not appeal to the UK. In the end, the OEEC
the ECE framework, the USSR felt otherwise. Soviet convention merely recorded the intention to continue
reluctance was no doubt due to the fear that if its satel- the study of this proposal. For a variety of reasons, one
lites participated, this would open the door to Western of which was UK opposition, the matter was not pur-
inluence. herefore, a conference was convened sued further.
without the USSR, and the Committee for European he creation of the Council of Europe, with broad
Economic Cooperation (CEEC) was established. political and cultural objectives, including the notable
he US attitude was that the CEEC should not just contribution to protecting the individual through the
provide it with a list of needs; the USA perceived that Convention for the Protection of Human Rights and
the aid it was to give should be linked with progress Fundamental Freedoms (its statute expresses a belief
towards European uniication. his is an extremely in a common political heritage based on accepted
important point, since it shows that from the very spiritual and moral values, political liberty, the rule
beginning the European Movement enjoyed the of law and the maintenance of democratic forms of
encouragement and support of the USA. Of course, the government), also highlighted the fundamental difer-
driving force behind the USA’s insistence on European ences in approach between the countries which later
unity was its desire to establish a solid defence against founded the EEC, on the one hand, and the British
any western advance by the USSR – that is, the USA did and the Scandinavians, on the other. he establish-
not insist on unity for unity’s sake. Indeed, the USA also ment of the Council of Europe was preceded by the
asked that its multinational companies should have Congress of Europe at he Hague in May 1948. his
free access to European markets. he CEEC, in turn, was a grand rally of ‘Europeans’, attended by leading
led to the creation of an aid agency: OEEC. Here, the European statesmen, including Winston Churchill. he
conlict between the UK and the Six, especially France, Congress adopted a resolution that called for the giving
came to a head over the issue of supranationalism. up of some national sovereignty before the accom-
France in particular (and it was supported by USA) plishment of economic and political union in Europe.
22 Ali El-Agraa
Subsequently, a proposal was put forward, with the European unity), but put forward by Robert Schuman,
support of the Belgian and French governments, calling the French minister of foreign afairs, in May 1950. he
for the creation of a European Parliamentary Assembly Schuman Plan was essentially political in character. It
in which resolutions would be passed by majority vote. was brilliant since it sought to end the historic rivalry
A Committee of Ministers was to prepare and imple- of France and Germany by making a war between the
ment these resolutions. two nations not only unthinkable, but also materially
Needless to add, the UK was opposed to this form impossible. his was to be achieved in a manner which
of supranationalism and in the end the British view ultimately would have the result of bringing about that
largely prevailed. he Committee of Ministers, which European federation that is indispensable to peace. he
was the executive organ of the Council of Europe, alone answer was not to nationalize or indeed to internation-
had power of decision and generally these were taken alize the ownership of the means of production in coal,
on the unanimity principle. he Consultative Assembly iron and steel, but to create, by the removal of customs
that came into existence was a forum (its critics called duties, import quota restrictions and similar impedi-
it a debating society), not a European legislative body. ments on trade and factors of production – a ‘common
In short, the British and Scandinavian functionalists market’ (for a technical deinition, see Chapter 1, pages
– those who believed that European unity, in so far as 1 and 2) in these products. Every participating nation
it was to be achieved, was to be attained by intergov- in such a common market would have equal access to
ernmental cooperation – triumphed over the federalists the products of these industries wherever they might be
– those who sought unity by the radical method of cre- located; to reinforce this, discrimination on the grounds
ating European institutions to which national govern- of nationality was to be forbidden.
ments would surrender some of their sovereignty. he he plan had a number of attractive features. First,
inal disillusionment of the federalists was almost cer- it provided an excellent basis for solving the ‘Saar
tainly marked by the resignation of Paul-Henri Spaak problem’: the handing back of the Saar region to West
(see page 25), a devoted European federalist, from the Germany was more likely to be acceptable to the
presidency of the Consultative Assembly in 1951. French if Germany was irmly locked into such a coal
he next step in the economic and political uniica- and steel community. Second, the plan was extremely
tion of Western Europe was taken without the British attractive to Germany, since membership of the com-
and the Scandinavians. It was the creation in 1951 of munity was a passport to international respectability; it
the European Coal and Steel Community (ECSC) by was the best way of speeding up the end of occupation
the Six, and marked the parting of ways in post-war and avoiding the imposition of dampers on the expan-
Western Europe. he immediate factor in these devel- sion of the German economy. hird, the plan was also
opments was the revival of the West German economy. attractive to the federalists, who had found that the
he passage of time, the eforts of the German people OEEC fell far short of their aspirations for the Council of
and the aid made available by the USA through the Europe (its unanimity rule and the fact that no powers
Marshall Plan all contributed to this recovery. Indeed, could be delegated to an independent commission
the West German ‘economic miracle’ was about to or commissariat were extremely frustrating for them),
unfold. and, in any case, the prospects for the OEEC were not
It was recognized that the German economy would very good, since by 1952 the four-year Marshall Plan
have to be allowed to regain its position in the world, period would be over, and the UK attitude was that
and that the Allied control of coal and steel under the thereafter the OEEC budget should be cut and some of
International Ruhr Authority could not last indeinitely. its functions passed over to NATO.
he fundamental question was how the German econ- As it turned out, the ECSC was much more to the
omy in the sectors of iron, coal and steel, which were federalists’ taste, since its executive body, the High
the basic materials of any war efort, could be allowed Authority, was given substantial direct powers that
to regain its former powerful position without endan- could be exercised without the prior approval of the
gering the future peace of Europe. he answer was a Council of Ministers (the ECSC’s second institution;
French plan, elaborated by Jean Monnet, a French busi- it also had a Parliamentary Assembly, Court of Justice
nessman turned adviser (see Box 2.1 for his true place in and Consultative Committee).
A history of European integration and the evolution of the EU 23
Jean Monnet thought of himself as an institution builder and has often been so regarded by posterity, but his
greatest gift . . . was in devising and circulating important ideas and putting words into action. He created,
and to a considerable extent still shapes, the rhetoric of integration. To highlight this fact is not to denigrate
Monnet’s accomplishments but to underscore the inability of any other politician, technocrat, social scientist,
or sloganeer to come up with comparable formulations: the big ideas that move the minds of men; concepts
that can be organized, marshalled, and made to move in orderly fashion; terms that capture the realities that
otherwise elude deinition; and words that morph into policies, programs, and institutions when nurtured in
bureaucratic hothouses. Monnet’s idiomatic language has taken on a life of its own and captured the minds of
many. Key analytical concepts – the big words used even today to describe the integration process in textbooks,
in political discourse, and in public relations campaigns – are Monnet’s words: terms that he and his associates
coined or that other students of his work invented to give meaning to what he was doing. Supranationalism,
sectoral integration, and functionalism are perhaps the most important examples of such interpretive concepts
that still shape academic and professional research. Countless other terms have entered legal, administrative,
and economic vocabularies, and out of them has oozed modern Eurospeak. he apparent inescapability of this
linguistic legacy makes Monnet an avatar of integration, albeit less owing to his powers as a pure thinker than to
his uncanny knack – in an age of science and technology, mass production, and instant communication – to har-
ness the powerful and fertile minds of others to his goals and policies. One might well call him a modern prophet.
Jean Monnet was pre-eminently a man of his times, one whose unsurpassed knack for getting things done
derived from experience gathered over a long and extraordinary career. Monnet was driven by a stirring and
powerful idée ixe: that the economic modernization and very political survival of both France as a nation and
Europe as a civilization depended upon the creation of a federal union. Monnet was a go-getter and a deal maker
extraordinaire, a man educated not so much formally or academically as on the job and in war management. As
a remarkably young senior administrator responsible for France’s overseas supply during the Great War, he soon
understood the meaning of global interdependence and learned how to use the power of the state to strengthen
the national economy. While serving in Washington in the unusual capacity of a French citizen on the British
Lend-Lease mission during World War II, Monnet concluded from the miracle of American armaments produc-
tion that the future would belong economically to the big battalions. Massive state intervention, huge markets,
and central control were the order of the day.
Jean Monnet had plenty of additional experience. He had been deputy director of economic afairs for the
League of Nations. He had made (and lost) a fortune between the wars as a inancier and roving policy entrepre-
neur operating internationally in the realms of central banking, public inance, and project development. He had
connections with powerful friends and policy makers on Wall Street, along the Potomac, and throughout Europe
who would prove invaluable after 1945. Monnet’s contacts, knowledge, indefatigability, and practicality opened
doors to the movers and shakers of his age. But such political savvy would have counted for little without his
intense commitment to European union. His determination to unite the continent deeply impressed the many
brilliant and strong-willed individuals whose energies he channelled into the task of ‘building Europe’. To them,
quite simply, he was l’Inspirateur – he Inspiration.
Gillingham 2003, pp. 16–18
24 Ali El-Agraa
he plan received favourable responses from the Six. military ield should be paralleled by more integration
he UK was invited to join, but refused. Clement Attlee, in the economic sphere. herefore, the foreign minis-
British prime minister at the time, told the House of ters of the Six asked the ECSC Assembly, together with
Commons: ‘We on this side [of the House] are not pre- co-opted members from the Consultative Assembly of
pared to accept that the most vital economic forces of the Council of Europe, to study the possibilities of cre-
this country should be handed over to an authority that ating a European Political Authority.
is utterly undemocratic and is responsible to nobody.’ A draft of a European Political Community (EPC) was
However, the Six were not to be deterred, and in April produced in 1953 in which it was proposed that, after a
1951 the Treaty of Paris, valid for ifty years, was signed. period of transition, the ECSC political institutions and
he ECSC was born and it embarked on an experiment those proposed for the EDC be subsumed within a new
in limited economic integration on 1 January 1952. framework. here would then be a European Executive
he next stage in the development of European unity responsible to a European Parliament (which would
was also concerned with Germany. When the Korean consist of a People’s Chamber elected by direct uni-
War broke out in 1950, the USA, faced with the need to versal sufrage, and a Senate elected by national parlia-
reduce its forces in Europe for deployment in Korea, ments), a Council of Ministers and a European Court
put pressure on the Western European nations to do to replace the parallel bodies created under the ECSC
more to defend themselves against possible attack by and EDC treaties.
the USSR. his raised the issue of a military contribu- his was a watershed in the history of the European
tion from West Germany, the implication being that movement. he Six had already successfully experi-
Germany should be rearmed. However, this proposal mented in limited economic integration in the ields
was opposed by France, which was equally against of iron, coal and steel; they had now signed a treaty to
Germany becoming a member of NATO. his was not a integrate defence; and they were about to proceed fur-
purely negative attitude. Indeed, René Pleven, French ther by creating a community for the purposes of secur-
prime minister at the time, put forward a plan that ing political unity. Moreover, the draft treaty proposed
envisaged that there would be no German army as pushing economic integration still further by calling for
such, but that there would be a European army to the establishment of a general common market based
which each participating nation, including Germany, on the free movement of commodities and factors of
could contribute. production.
Britain was not against this idea, but did not wish However, on this occasion, the success that had
to be involved. he Six were positively enthusiastic attended the Six in the case of iron, coal and steel was
and discussion began in 1951 with a view to creating not to be repeated. Five national parliaments approved
a European Defence Community (EDC). It was envis- the EDC treaty, but successive French governments
aged that there would be a Joint Defence Commission, felt unable to guarantee success in asking the French
a Council of Ministers, a Parliamentary Assembly and Assembly to ratify. Finally, the Mendès-France govern-
a Court of Justice. In other words, the EDC institutions ment attempted to water down the treaty, but failed
were to parallel those created for the ECSC. he Six to persuade the other ive nations. he treaty as it
made rapid progress in the negotiations and the EDC stood was therefore submitted to the French Assembly,
Treaty was signed in May 1952. which refused to consider it, and in so doing obviously
Having gone so far, there were a number of rea- killed the EPC too.
sons for further integrative eforts. First, the pooling here were a number of reasons for the refusal of
of both defensive (NATO) and ofensive capabilities the French Assembly to consider the treaty. First, there
(EDC) inevitably reduced the possibility of independ- was opposition to the supranational elements that it
ent foreign policies. It was logical to follow integration contained. Second, the French ‘left’ refused to consider
in defence with measures that served to achieve politi- the possibility of the rearmament of Germany. hird,
cal integration as well. Second, it was also desirable to the French ‘right’ refused to have the French army
establish a system whereby efective control could be placed under foreign control. Fourth, British aloofness
exercised over the proposed European army. hird, was also a contributing factor: one of the arguments
there was also the Dutch desire that progress in the employed by those who were opposed to the treaty was
A history of European integration and the evolution of the EU 25
that France, fearing German domination, could not of political unity – that is, political unity should be
participate in the formation of a European army with introduced through the back door. he memoran-
Germany if the UK was not a member. dum called for the creation of institutions that would
It is perhaps worth noting that the failure of the EDC enable the establishment of a European Economic
was followed by a British initiative also aimed at deal- Community (EEC).
ing with the problem of rearming Germany in a way hese ideas were considered at the meeting of for-
that was acceptable to the French. A series of agree- eign ministers of the Six at Messina, Italy, in June 1955.
ments was reached in 1954 between the USA, the UK, hey met with a favourable response. he governments
Canada and the Six, under which the BTO was modi- of the Six resolved that work should begin with a view to
ied and extended: Germany and Italy were brought in establishing a general common market and an atomic
and a new intergovernmental organization was formed energy pool. Moreover, a committee should be formed
– the Western European Union (WEU). hese agree- that would not merely study the problems involved, but
ments also related to the termination of the occupation should also prepare the texts of the treaties necessary
of Germany and its admission into NATO. As a counter- in order to carry out the agreed objectives. An inter-
balance to the German army, the UK agreed to main- governmental committee was therefore created and,
tain speciied forces on the continent. In short, the gist signiicantly enough, Paul-Henri Spaak (see page 22),
of the agreements was to provide a European frame- by then foreign minister of Belgium, was made its presi-
work within which Germany could be rearmed and dent: what a triumph for members of the European
become a member of NATO, while also providing for Movement.
British participation to relieve French fears that there he Messina resolution recorded that since the UK
would be no possible German predominance. It should was a member of the WEU and had been linked with
be pointed out that the response of Eastern Europe to the ECSC, through an Agreement of Association in
these agreements was a further hardening of the East/ 1954, it should be invited to participate in the work of
West division in the shape of the formation in 1955 of the committee. he position of the other OEEC coun-
the Warsaw Pact (formally, he Treaty of Friendship, tries was not so clear. In fact, the question of whether
Cooperation and Mutual Assistance) by the USSR and they should be allowed to participate was left for a later
its Eastern European satellites. decision by foreign ministers of the Six.
he Spaak Committee held its irst meeting in July
1955. British representatives were present, and then
2.2.2 Unity via the back door
and subsequently played an active role in the commit-
he year 1954 was a bad year for European unity, tee’s deliberations. However, as the discussions con-
since those advocating the creation of supranational tinued, diferences between the Six and the UK became
bodies had sufered a reverse, and the establishment of evident. he UK was in favour of a free trade area (for a
the WEU, an organization cast more in the traditional technical deinition, see Section 1.2, page 1) arrange-
intergovernmental mould, had thereafter held centre ment, while the Six were agreed on the formation of
stage. However, such was the strength of the European a customs union: the Messina resolution had called
Movement that by 1955 new ideas were being put for- explicitly for this type of arrangement. Moreover, the
ward. he relaunching initiative came from Benelux. UK felt that only a little extra machinery was needed
hey produced a memorandum calling for the estab- to put the new arrangement into efect; the OEEC, per-
lishment of a general common market and for speciic haps somewhat strengthened, would suice. his view
action in the ields of energy and transport. was bound to anger the federalists, who put empha-
he basic idea behind the Benelux approach was sis on the creation of supranational institutions that
that political unity in Europe was likely to prove dif- should help achieve more than just economic integra-
icult to achieve. It was the ultimate objective, but it tion. hese diferences culminated in the withdrawal of
was one that could be realized in the longer run. In UK representatives from the discussions in November
the short and medium term, the goal should be overall 1955 (for a detailed exposition, see Young 1998).
economic integration. Experience gained in working Meanwhile, the Spaak Committee forged ahead,
together would then pave the way for the achievement although not without internal diferences. For example,
26 Ali El-Agraa
the French had apprehensions about the transition agriculture (hence the Common Agricultural
period allowed for the dismantling of the intra-member Policy, or CAP) and transport (hence the Common
tarifs, escape clauses, the harmonization of social Transport Policy, or CTP).
charges and the level of the common external tarifs (d) he application of procedures by which the eco-
(CETs) – they wanted high CETs, while the Benelux nomic policies of MSs could be coordinated
nations desired low ones. and disequilibria in their balances of payments
he Spaak Committee reported in April 1956 and remedied.
its conclusions were considered by foreign ministers (e) he creation of a European Social Fund (ESF) to
of the Six in Venice, Italy, in May of the same year. improve the possibilities of employment for work-
However, the attitudes among the Six were not uni- ers and to contribute to the raising of their stand-
form. On the one hand, the French naturally liked ard of living.
the idea of an atomic energy community, given that (f) he establishment of a European Investment Bank
France was the only country of the Six to have atomic (EIB) to facilitate EEC economic expansion by
energy then, but they were not keen on the proposi- opening up fresh resources.
tion for a general common market, while, on the other (g) he establishment of a common commercial
hand, the remaining ive had the opposite preferences. policy vis-à-vis the outside world – that is, the cre-
Nevertheless, in the end the Six agreed that the draft- ation and management of CETs; the adoption of a
ing of two treaties – one to create a general common common stance in multinational and multilateral
market and another to establish an atomic energy com- trade negotiations; the granting of a Generalized
munity – should begin. Treaties were subsequently System of Preferences (GSP) treatment to imports
signed in Rome on 25 March 1957. hese were duly of certain manufactured and semi-manufactured
ratiied by the national parliaments of the Six. he EEC products coming from the least developed coun-
and Euratom came into being on 1 January 1958. hus, tries (LDCs); and the reaching of trade pacts with
in 1958 the Six belonged to three separate entities: the associated nations.
ECSC, the EEC and Euratom.
But what are the aims set out in these treaties? he It should be noted that a period of transition of twelve
overall guiding light is the achievement of an ‘ever years, divided into three four-year stages, was granted
closer union’ of Europe. he EEC’s aims are stated in for the elimination of intra-EEC trade barriers and for
Article 3 of its treaty and can be summarized as: the establishment of CETs.
In addition, Euratom asked for a common approach
(a) he establishment of free trade between the MSs, to atomic energy, although at the time only France had
such that all impediments on intra-union trade such capabilities. We have already seen that the ECSC
are eliminated. he impediments included tarifs, created a common market for, and equitable access to,
import quota restrictions and export subsidies, as iron, coal and steel. hus the totality of all these aims
well as all measures that had an equivalent or sim- depicted the bold integration aspirations of the Six at
ilar efect (now generally referred to as non-tarif the time.
trade barriers, or NTBs; see page 3). Moreover,
that treaty called for the creation of genuine
free trade and therefore speciied rudiments of 2.3 The evolution of the EU
common competition and industrial policies.
(b) he creation of an intra-EEC free market for all
2.3.1 The EC
factors of production by providing the necessary
prerequisites for ensuring factor mobility. hese Each of the three entities had its own institutions.
included taxes on, and subsidies to, capital, labour hese centred on a Council of Ministers (hereafter,
and enterprise. Council) and a Commission (High Authority in the
(c) he formation of common policies with regard to case of the ECSC; see page 22), backed by a European
particular industries which MSs deemed neces- Parliament (Assembly in the case of the ECSC) and a
sary to single out for special treatment: namely, Court of Justice. Although there were some diferences
A history of European integration and the evolution of the EU 27
of legal competences, it later became convenient to to move into political cooperation, with an emphasis
consider the three entities as branches of the same on foreign afairs. his did not result in a common
whole, with the EEC naturally becoming the dominant foreign policy, but it did mean that eforts were to be
partner. When the Merger Treaty was passed in 1965, exerted to identify common aims, and it led to fur-
it seemed more logical to refer to the whole struc- ther institutional innovation alongside EC institutions
ture as the European Communities (EC), or European rather than as part of them, although the new and the
Community, whose main constitutional base was the old gradually came together.
Treaty of Rome creating the EEC. A second landmark summit was held in 1972 in Paris
By the 1970s, however, it was clear that the EC and was attended by the three countries set to join in
needed institutional strengthening. Having completed 1973: Denmark, Ireland and the UK. It devoted consid-
the early tasks laid down in the treaties,3 further inter- erable attention to internal afairs and, notably, to the
nal objectives had to be formulated and a way found need to strengthen EC social and regional aims as part
to ensure that the EC could act more efectively on the of an ambitious programme designed to lead to EMU,
international stage. he result was to bring national and thus to a full ‘European Union’. It also saw a contin-
political leaders more closely into EC afairs by the uous need to act externally to maintain a constructive
introduction of summit meetings. hese were formal- dialogue with the USA, Canada and Japan, and for MSs
ized under the name of the European Council in 1974, to make a concerted contribution to the Conference
but the irst summit was held in 1969 (the end of the on Security and Cooperation in Europe (CSCE, which
transition period), in he Hague, when MSs agreed began in Helsinki, Finland, in July 1973 and issued its
that they were then so interdependent that they had no Final Act, or Helsinki Accord, in 1975, comprising the
choice but to continue with the EC. hat decision pro- USSR and thirty-ive European nations), which led to
vided the necessary political will to reach agreement a 1990 Paris Charter on peaceful relations in Europe.
on the development of the CAP (see Chapter 20), on MSs’ foreign ministers were to meet more frequently to
budgetary changes (see Chapter 19), on embarking on discuss this last issue. his meeting marked the reali-
economic and monetary union (EMU, to be achieved in zation that the heads of governments would have to
three stages, beginning in 1970 and completed in 1980; meet more frequently than in the past. At irst sight this
see the Werner Report (CEU 1970a and Chapter 11), seemed to strengthen the intergovernmental structure
and, most importantly, on the need to work on enlarge- of the EC at the expense of the supranational element,
ment. At that time, this meant settling the teasing ques- but this was not really the case. Rather it showed that
tion of relations with the UK, which, as we have seen, the future was a joint one, that the international cli-
had vexed the EC from the very beginning. mate was changing and often bleak, and that if MSs
Moreover, it was recognized that the EC needed dealt with their internal economic diiculties alone
institutional development to match its growing inter- this could undermine the eforts of the EC to strengthen
national stature. Its existing international responsibili- its economies. Informal discussion of general issues,
ties neither matched its economic weight nor allowed whether economic or political, domestic or worldwide,
efective consideration of the political dimensions of was a necessary preliminary to action, which often
its external economic relations. Individual members seemed stronger if it were to be EC-based. hrough
still conducted most of their external afairs themselves the summit meetings and the Political Cooperation
and could easily cut across EC interests, and this was Procedure (ECP), the subject matter coming to the EC
apart from the issue of whether the EC should begin to steadily enlarged.
move into the ield of wider foreign afairs. Since MSs Indeed, 1969–72 can be described as a period of
had very diferent interests, and often conlicting views great activity. Apart from what has just been men-
on relations with the USA, the USSR and on defence, tioned, in 1970 the Six reached a common position on
it was clear that the EC was not ready to take over full the development of a Common Fisheries Policy (CFP;
competences. However, MSs’ foreign ministers were see Chapter 21), although total agreement was not to
asked to study the means of achieving further political be achieved until 1982. Also, at another Paris summit
integration, on the assumption of enlargement, and to in 1973, agreement was reached on the development
present a report. Consequently, the EC began, gingerly, of new policies in relation to industry and science
28 Ali El-Agraa
and research (see Chapter 14). Moreover, the summit defence presence. he unresolved issue of whether
envisaged a more active role for the EC in the area of the EC needed a foreign policy, or at least some half-
regional policy (see Chapter 21) and decided that a way house towards one, was bound to be raised once
European Regional Development Fund (ERDF) should more. Meanwhile, the economic base on which the
be created to channel EC resources into the develop- EC had been able to develop became much more
ment of EC backward regions; the UK demanded such uncertain. Recession, industrial change, higher unem-
a fund during the accession negotiations, expecting ployment, slower growth and worries about European
to get most of it since it was the only country to have competitiveness undermined previous conidence (see
a ‘regional policy’, but events were to prove otherwise Chapters 12, 13 and 22).
(see Chapters 19 and 21). Furthermore, later in the he twin issues of constitutional development and
1970s, the relationship between the EC and its ex- institutional reform continued to exercise EC circles,
colonies was signiicantly reshaped in the form of the but little progress was possible and the EC seemed to be
Lomé Convention, which became the EU-ACP agree- running out of steam. he deepening of the integrative
ments when the Caribbean and Paciic ex-colonies process required action that governments found con-
were later added (see Chapters 23 and 24), and is now troversial; the new MSs – now including Greece (1981),
managed as the EU Cotonou Agreement. Spain (1986) and Portugal (1986) – inevitably made for
It was obvious from all these developments that a less coherent group; while the recession hardened
the EC needed inancial resources not only to pay for national attitudes towards the necessary compromise
the day-to-day running of the EC, but also to feed the required for cooperative solutions. EC inances were
various funds that were established: the ESF, the ERDF constrained (the EC budget amounted to less than
and, most important of all, the European Guidance 1 per cent of EC GDP; see Chapter 19) such that new
and Guarantee Fund (EAGGF; see Chapters 19–21) to policies could not be developed, and this in turn led
inance CAP. In 1970 the EC took the important step to bitter arguments about the resources devoted to the
of agreeing to introduce a system that would provide CAP (which exhausted more than 75 per cent of the EC
the EC and, speciically, the EC general budget, with budget) and its inequitable impact, especially on the
its ‘own resources’ (see Chapter 19), thus relieving UK. Internal divisions were compounded by fears of
it of the uncertainty of annual decisions on national a lack of dynamism in the EC economy, threatening a
contributions for its inances as well as endorsing its relative decline in world terms. Such worries suggested
political autonomy in this respect. Another important that a signiicant leap forward was required to ensure a
step was the decision that the European Parliament real common market, to encourage new growth and at
(EP; see Chapter 3) should be elected directly by the the same time to modernize EC institutions.
people, not by national parliaments. In addition, the
EC decided to grant the EP certain powers over the EC
2.3.2 The Single European Market
general budget, which proved to be a very signiicant
development (Chapter 19). Finally, but by no means As the debate progressed, a major division emerged
least signiicant, was the development of the political between those who were primarily interested in the
cooperation mechanism. It is important not to forget ideal of political union and who wished to develop EC
that the dedicated members of the European move- institutions accordingly, and those, more pragmatic
ment had always hoped that the habit of cooperation in approach, who stressed the need for new policies.
in the economic ield would spill over into the political It was not until 1985 that the lines of agreement could
arena, one aspect of which is foreign policy. be settled. hese were brought together in the Single
By the 1980s it was clear that the political and eco- European Act (SEA), which came into efect on 1 July
nomic environment in which the EC operated was 1987.
changing fast. Tumultuous events in the former USSR he SEA contained policy development based on
and the countries of the Warsaw Pact threw the insti- the intention of creating a true single market (usually
tutional arrangements of Western Europe into disarray referred to as the Single European Market, or SEM, and
and brought the need to reassess defence require- the ‘internal market’; see Chapter 7) by the end of 1992
ments, NATO’s role and the continuance of the US (hence the popular term ‘EC92’), with free movement
A history of European integration and the evolution of the EU 29
of goods, services, capital and labour (the so-called Western Europe that they should try to join. his was
‘four freedoms’), rather than the patchy arrangements both a triumph and an embarrassment for the EC, in
of the past (see page 26 and note 3 on page 36). he that it was preoccupied with its own internal changes
SEA also introduced, or strengthened, other policy and a belief that it had not yet fully come to terms with
ields. hese included: responsibilities towards the the southern enlargement that had brought in Greece,
environment; the encouragement of further action to Portugal and Spain. he reaction was mixed in that
promote health and safety at work; the promotion of some MSs wished to press on with enlargement as a
technological research and development (R&D); work priority, while others wished to complete the SEM and
to strengthen economic and social cohesion so that tighten internal policies before opening the doors. A
weaker MSs could participate fully in the freer market; closer economic relationship was negotiated between
and cooperation in economic and monetary policy. In EC and EFTA countries, except for Switzerland, to form
addition, the SEA brought foreign policy cooperation the European Economic Area (EEA), on 2 May 1992,
within its purview and provided it with more efec- which was widely assumed to be a preliminary step
tive support than it had in the past, including its own towards membership, since it extended to these coun-
secretariat, housed in Council buildings in Brussels. tries all EC privileges except in agriculture, but, under-
Institutionally, it was agreed that the Council would standably, without giving them voting rights. Austria,
take decisions on a qualiied majority vote (QMV; see Finland, Sweden and Switzerland all formally applied
Section 3.4, page 44) in relation to SEM, research, cohe- between 1989 and 1992, and Norway followed them
sion and improved working conditions, and that in shortly afterwards; Switzerland’s application remains
such cases the EP should share in decision-making (see on the table, which is odd, given its snub of the EEA.4
Chapter 3). hese developments were followed later Hungary, Poland and Czechoslovakia signed associa-
by agreement regarding the control of expenditure on tion agreements and hoped that they might join in
the CAP (which, as we have seen, had been a source a few years’ time. Turkey and Morocco applied in
of heated argument for a number of years) and, most 1987, although the former’s application was laid aside
importantly, a fundamental change in the EC general and the latter’s rejected. Cyprus and Malta applied in
budget. 1990. Later, most of the Central and Eastern European
he SEM provided a goal for the next few years and Countries (CEECs) expressed their desire to join
the EC became preoccupied with the necessary prepa- and formal negotiations were opened in 1998, with
rations (300 directives had to be passed and then incor- those most likely to succeed being Cyprus, the Czech
porated into national law for this purpose; see Chapters Republic, Estonia, Hungary, Poland and Slovenia.
3 and 4), giving evidence of its ability to work together However, the instability in the Balkans and the war in
as one unit. However, it also brought new complica- Kosovo showed the need to hasten the process, and
tions. It raised the question of how much power should at Helsinki in December 1999 it was agreed to open
be held by EC institutions, presented MSs with heavy accession talks with Bulgaria, Latvia, Lithuania, Malta,
internal programmes to complete the changes neces- Romania and Slovakia. Moreover, after thirty-six years
sary for the SEM, and exposed the very diferent eco- of temporizing, it was also agreed at the same summit
nomic conditions in MSs that were bound to afect their that Turkey should be a recognized candidate, but
fortunes in the SEM (see Chapter 7). Meanwhile, the negotiations were then not expected to start for a very
uniication of Germany in 1990 fundamentally changed long time, since the EU wanted to see big improve-
its position within the EC, giving it more political and ments in Turkey’s political and human rights behav-
economic weight; but at the same time it was required iour, including the rights of Kurds and other minorities,
to expend considerable efort eastwards. and the constitutional role of the army in political life,
A further challenge at the time came from new bids which might require changes in the Turkish constitu-
for membership (so far there has been one withdrawal: tion (these are known as the Copenhagen criteria,
the position of Greenland was renegotiated in 1984, introduced in June 1993 at the Copenhagen summit;
but it remains associated and has a special agreement see page 30). herefore, there was then an active list
to regulate mutual ishing interests). he SEM and the of thirteen candidates, which included Turkey, and
end of the cold war inally convinced the doubters in a change in regime brought Croatia closer to joining
30 Ali El-Agraa
this group (for the latest on this, see page 33 on the details in the next section, but it should be stated here
Copenhagen 2002 summit). that it was signed on 7 February 1992 and came into
It did not seem easy to generalize about the issues force on 1 November 1993.
involved in admitting such a variety of countries for It is not surprising that the TEU’s ratiication proc-
membership, but the brief history shows that inte- ess, for which some have argued not a great deal of
gration was always meant to apply to all of Europe, time was allowed, produced furious argument across
although it would require a stretch of the imagination Western Europe, after Denmark, the irst to begin the
to claim that Turkey is in Europe. However, the EC ratiication process, rejected it by a mere 50.7 per cent
already had a series of agreements with the applicants in a referendum on 2 May 1992. Although each MS
through which it provided aid and advice on develop- had its own peculiar worries, a general characteristic
ment and reform; these are set out in Agenda 2000 that the TEU made obvious was the size of the gap
(CEU 1997b) and are discussed in detail in Chapters between political elites and voters in modern society.
19 and 21. In particular, the EC was looking for eco- Even though political leaders rapidly expressed contri-
nomic reform, the development of democratic political tion that they had failed to provide adequate explana-
institutions and the protection of minority and human tions for their moves, they seemed less able to accept
rights as necessary preconditions for closer relation- that there were strong doubts about many of the pro-
ships before full membership (Copenhagen criteria). posed new arrangements being the best way forward,
Partnership and cooperation agreements with Russia and that a period of calm relection, with less frenetic
and the newly independent states were developed, but development, might in the end serve the EC and its
these do not include provisions for membership. people better.
Clearly, an organization with such a large and varied
membership would be very diferent from the original
2.3.4 The Amsterdam Treaty
EEC of the Six, and challenged received wisdom as to
its nature. his is one reason why pursuing the question he TEU left contentious problems for the Amsterdam
of enlargement was made consequent on the inalizing conference to tackle. Although the hard core, compris-
of the Maastricht Treaty (see below) and agreement on ing changes to the voting system in the Council and the
new inancial and budgetary arrangements for existing size of the Commission, was not tackled (the 2000 Nice
MSs (see Chapter 19). Continuing issues about defence Treaty and the 2009 Treaty of Lisbon did so; see page
and the appropriate reaction to conditions in Central 34), the 1997 Amsterdam Treaty was useful in updat-
and Eastern Europe, the Gulf War and the collapse of ing aims and policies, clarifying the position regarding
Yugoslavia all suggested that further consideration of foreign and defence policies and justice and home
foreign and defence capabilities was important. afairs, and strengthening the social side. he treaty
itself modiied the existing treaties, notably those on
the EEC and the Union, and these, together with the
2.3.3 The Treaty on European Union
acquis communautaire (legislation deriving from the
It was therefore against a troubled background that the treaties), can be considered as the EU constitution (see
EC set up two intergovernmental conferences (IGCs; page 33). Supplementary treaties must be used when
see chapter 3) to prepare the way for a meeting of the developments go beyond the existing ones. Past exam-
European Council in Maastricht in December 1991 ples include changes in budget procedures, agree-
which produced a new blueprint for the future. It aimed ments to admit new members and the SEM (see page
to integrate the EC further through setting out a time- 28). In addition, a unique arrangement was attached to
table for full EMU, introducing institutional changes the Maastricht Treaty in 1991: an agreement and a pro-
and developing political competences, the whole being tocol were annexed because the UK could not accept
brought together in the Treaty on European Union changes in the social ield endorsed by the other MSs.
(TEU, popularly known as the Maastricht Treaty), in he EC – that is, the EEC, the ECSC and Euratom – forms
which the EC should form a part of a wider European the most developed section (or, in current jargon, one
Union. Since this treaty was later added to and adapted of the EU’s three ‘pillars’, the other two being foreign
as the 1997 Amsterdam Treaty, we shall discuss its and defence policies and justice and home afairs) of
A history of European integration and the evolution of the EU 31
the Union and its legislation takes precedence over with the USA and Canada for the defence of Europe. It
national decisions in the appropriate ield. A moment’s has not only introduced a formal Union citizenship, but
relection will show that this is a necessary precondi- has also taken steps to strengthen the commitment to
tion for the EC to work at all; it would otherwise be democracy and individual rights, to promote equality
impossible to create a single economic unit, to estab- and to combat discrimination. It has a procedure to be
lish the conidence needed between members or to followed should an MS appear to breach human rights.
handle external relations. he treaty has also established the EU as an area of
he Amsterdam Treaty gives the EU a more coherent free movement, security and justice, and is attempting
structure and a modern statement of its aims and poli- to establish clearer and more uniform rules in these
cies, and brings some necessary improvements in the ields. hese goals should be complemented by those
working of the institutions. Naturally, it highlights the in the EEC treaty (see Section 2.2.2, page 26). Internally,
new aspects, but these are not necessarily more impor- the EU has general economic objectives relating to
tant than more long-standing policies – for example, SEM (see Chapter 7), agriculture (see Chapter 20)
publicity is given to provisions on foreign and defence and transport (see Chapter 16), the aim of economic
policy, yet they remain far less developed than arrange- and social cohesion and a new emphasis on policy-
ments in the economic sphere. Despite being thought making in employment (see Chapters 10, 12 and 22),
of as a tidying up of the Maastricht loose ends, the and social (see Chapter 22) and environmental matters
treaty is a substantial document, but naturally overlaps (see Chapter 18). he need for enhanced competitive-
greatly with Maastricht. hus it has three parts on sub- ness for EU industry (see Chapters 13 and 14), the
stantive amendments to previous treaties, their sim- promotion of R&D, the construction of trans-European
pliication and modernization and their renumbering, infrastructure, the attainment of a high level of health
ratiication procedures and oicial language versions. protection, better education, training and cultural
In addition, there are an annexe, thirteen protocols, development all ind their place (see Chapters 13, 14
often dealing with very diicult issues, ifty-one decla- and 22). Recognition is given to development policies
rations and eight declarations by individual MSs. (see Chapter 24), consumer protection (see Chapter
he post-Amsterdam EU has broad objectives, 22) and measures in energy policy (see Chapter 17) and
but, again, these naturally overlap with those in the tourism. here are, of course, a host of subsidiary and
Maastricht Treaty. he classic aim, set out long ago supporting objectives.
(see Section 2.2.2, page 26), is to lay the foundations After many arguments, the concept of lexible inte-
of, and subsequently develop, the ‘ever closer union’. gration has been brought out into the open. Articles
It promotes economic and social progress, an aim that 40, 43 and 44 (TEU) allow some MSs to establish
includes the abolition of internal frontiers, better eco- closer cooperation between themselves, with the aim
nomic and social cohesion to assist the less-developed of developing EU policies which not all MSs wish to
MSs to catch up with the EU average (facilitated by pursue, subject to veto by dissenting MSs. his was
the creation in 1993 of a Cohesion Fund), and EMU, fully endorsed in the 2000 Nice Treaty, by stating that
complete with a single currency (see Chapter 11). It groups of eight (out of the then ifteen) or more MSs
wishes to assert an international identity through a may pursue greater integration in certain areas. Such
common security and defence policy and new provi- a move must be supported by a majority of MSs, must
sions designed to enhance this, and to draw closer to not harm the interests of others and must allow the
the WEU (see page 25), which has been dormant since it non-participating MSs to be involved in the discussion
was launched in 1954, by turning it into the equivalent of developments, but without voting on them. here
of an EU defence force. hus, for the irst time, the EU is are some important examples of policies that are less
set to have a common defence policy, with the implica- than fully inclusive, among them membership of the
tion that the WEU will eventually be responsible for single currency, the Danish opt-outs from the free
implementing decisions of an inevitable political union. movement provisions (although Denmark accepts the
Appreciation for (or is it accommodation of?) NATO Schengen Principle dictating them) and from decisions
was reiterated by stating that the revival of the WEU is to with defence implications, and the British and Irish
be linked to NATO, thus ensuring a continued alliance non-acceptance of the abolition of border controls.
32 Ali El-Agraa
he Maastricht conference touched fears of the crea- and the ight against fraud, Article 255 (EC) giving
tion of a superstate. In an attempt to counter this, the citizens a right to access oicial documents. A further
subsidiarity principle was agreed during the Edinburgh declaration accepts the importance of improving the
summit in December 1992, and the Amsterdam Treaty quality of draft legislation. Over the years eforts have
tried to clarify it further. Article 5 (EC) explains that, also been made to help individuals to question the
where the EU does not have exclusive competence, EU. he right to petition the EP was buttressed by the
it may proceed only if MSs cannot pursue the action establishment of the European Ombudsman. A further
themselves, or it is an objective better achieved by change, directly afecting individuals, was to confer
EU action. A protocol attached to the treaty has tried EU citizenship on the nationals of MSs. Although such
to clarify how this concept should be applied and, in changes are intended to encourage greater openness in
particular, insists that the reasons for action must be decision-making, their implementation will take time.
stated, EU action must be simple and limited, and a Actual decision-making in the Council remains private.
report must be given to EU institutions on what has Flexible policies and subsidiarity have been tackled
been done. hese provisions are meant as a check on together, although they deal with very diferent circum-
any insidious growth of EU power, allowing it to slip stances, because they both suggest that the EU is still
in a direction that has never been agreed. his brake uneasily balanced between the two opposing views on
is supported by the right of MSs to bring a case in the how to organize (Western) Europe, which have been
Court of Justice arguing that the EU is extending its so eloquently expressed since the end of the Second
powers unjustiiably. World War. To some observers the Amsterdam Treaty
One element in the debate about subsidiarity is is one more step towards a federal Europe, but to others
doubt concerning the remoteness of decision-making it is a means of keeping a check on this drive and retain-
in Brussels. here is a need to make the EU more ing a degree of national governmental control. he inal
responsive to the needs of the general public and more outcome remains uncertain.
sensitive to the efects of the intrusiveness that EU
legislation appears to bring. he ‘democratic deicit’
2.3.5 The Nice Treaty
is an issue that has long been discussed and there are
several ways of addressing it, of which greater powers Hammered out over four bitter days and nights on the
to the EP is one (see Section 2.3.6, page 36 and Chapter French Riviera, the Treaty of Nice of 11 December 2000
3). Individuals have long had the right to petition the EP is both complex and insubstantial; one of its authors
and this has been supported by the appointment of an even called it ‘lousy’. he treaty’s main concern is
ombudsman, chosen by the EP but independent of it. with EU enlargement, especially with the institutional
One particular issue is the undermining of national changes that would be needed to accommodate twelve
parliaments, especially those that have an important to ifteen new members (see next page). Since its provi-
legislative function and have found it hard to devise sions will not make sense until we have discussed EU
ways for exercising control over the EU. In practice, institutions, they will be dealt with in Chapter 3. Here
this has been limited to scrutiny of proposals which, it suices to state that the treaty both amends QMV
once they are at an advanced stage, are very diicult and extends it to new areas, including trade in services;
to change. Some eforts have also been made, through asks the larger MSs to drop their second commissioner;
scrutiny committees, to discuss general issues, thus limits the total number of commissioners to twenty
helping to suggest policy positions for the future, while after 2007; and proclaims the Charter of Rights, but
Denmark, in particular, has tried to deine the param- without legal force.
eters within which ministers may negotiate. A protocol One should add that the ratiication of the treaty
of the Amsterdam Treaty tries to increase the inluence followed almost the same path as that of Maastricht.
of national parliaments. Associated with this was the he Irish, whose constitution demands a referendum
general acceptance of the need to keep the public on such issues, were the irst to kick of the process
better informed and to provide access to EU documen- and shocked everyone by rejecting it on 7 June 2001
tation. A declaration attached to the treaty stresses by 54 per cent to 46 per cent. Although technically that
the importance of transparency, access to documents meant the death of the treaty, the other MSs stubbornly
A history of European integration and the evolution of the EU 33
went ahead with ratiication, leading to a dramatic the EU, with a view to making it more democratic, more
situation in 2002 when all but Ireland had ratiied. transparent and more eicient’. he ensuing debate
However, in a second referendum on 20 October 2002, culminated at the 2001 Laeken summit, when, on 12
Ireland recorded an emphatic ‘yes’ (by 62.9 per cent December, it was decided to create a convention for
against 37.1 per cent). his then set the tone for the this purpose. On 28 February 2002 the Convention for
Copenhagen summit of 12–13 December 2002, when it the Future of Europe was set up under the chairman-
was agreed that: (a united) Cyprus, the Czech Republic, ship of ex-French president Valéry Giscard d’Estaing,
Estonia, Hungary, Latvia, Lithuania, Malta, Poland, the with ex-Italian prime minister Giuliano Amato and
Slovak Republic and Slovenia could join the EU on 1 ex-Belgian prime minister Jean-Luc Dehaene as vice-
May 2004; Bulgaria and Romania could join in 2007, chairpersons, to discuss the matter further and then
provided they met the necessary criteria, which they report to an IGC in mid-2003. he convention had 105
have done; and Turkey could open accession nego- delegates, representing EU governments, parliaments
tiations immediately after the December 2004 summit, and institutions, and was set two tasks:
pending a favourable report by the Commission on its
(a) to propose a set of arrangements to enable the EU
status with regard to the Copenhagen criteria. he irst
to work with twenty-ive to thirty MSs; and
ten countries signed accession treaties with the EU on
(b) to express the purpose of the EU, so that the citi-
16 April 2003 at the Athens summit, ratiied their acces-
zens whom it is meant to serve will understand its
sion treaties (nine through popular referendums, with
relevance to their lives and, with luck, feel some
Cyprus not needing one) and became members on 1
enthusiasm for its activities.
January 2004 (but, alas, not a united Cyprus). And in the
Brussels summit of 16–17 December 2004, in the light Surprisingly, the Convention issued a draft constitu-
of a positive report from the Commission, Turkey was tion for the EU on 6 February 2003, with the contents
given the go-ahead to start negotiations on 3 October being mainly about the consolidation of the various
2005; these negotiations are expected to take ten years. EU treaties, but they included proposals for the reform
It should be added, however, that the decision to grant of existing EU institutions and the future of the EU. A
Turkey the right to negotiate EU membership has since changed inal draft was adopted on 20 June 2003 at
proved controversial: France has decided that it will the hessaloniki summit, but although the December
hold a referendum on Turkey’s membership and many summit failed to endorse it, the Brussels June 2004 IGC
have attributed France’s referendum rejection of the did; hence it was set to become the EU Constitution if
Constitutional treaty to this issue; the present German and when it was ratiied by all MSs. However, during
chancellor, Angela Merkel, is not keen on full member- the early months of 2005, both France (on 29 May) and
ship, preferring a ‘privileged partnership’; and there are the Netherlands (on 1 June) rejected it in national ref-
many who are not happy with Turkey’s claims to being erendums (by, respectively, 55/45 per cent and 62/38
‘European’ in terms of both geography and character. per cent); therefore it was technically dead. However,
Also, in June 2005, the ‘hessaloniki agenda’ was reaf- as was the case with the Maastricht and Nice trea-
irmed, allowing the assessment of progress towards EU ties, this was not a foregone conclusion. Indeed,
membership of the western Balkan countries: Albania, eighteen MSs, including Bulgaria and Romania, repre-
Bosnia and Herzegovina, Croatia, the former Yugoslav senting two-thirds of the twenty-seven MSs and 56.12
Republic of Macedonia, and Serbia and Montenegro, per cent of the EU population, went ahead and rati-
including Kosovo. Finally, on 26 September 2006, the ied the Constitution. Moreover, on 26 January 2007
Commission ofered a positive report on the progress foreign ministers of twenty5 so-called ‘friends of the
made by Bulgaria and Romania, which led to endorse- Constitution’ declared in Madrid that far from slashing
ment by MSs; they joined on 1 January 2007. the original treaty to make it more palatable to voters, it
should be more ambitious, giving the EU a bigger role
in social policy, ighting climate change and immigra-
2.3.6 A Constitution for the EU?
tion, which attracted the new headline, ‘Use the pen
At the Nice summit meetings it was decided to ‘engage not the scissors’. Later, almost all of the other MSs went
in a broader and more detailed analysis of the future of ahead with ratiication. his, in turn, led to a new draft,
34 Ali El-Agraa
which removed some of the controversial terminology (h) It retains the national veto on tax, defence and
– that is, replacing ‘constitution’ with ‘reform treaty’ – foreign policy, and on inancing the EU budget.
and accommodated certain MSs’ demands. (i) It introduces a new ‘double majority’ voting
system for the Council, requiring at least 15 MSs,
comprising 65 per cent of the EU population.
2.3.7 The Treaty of Lisbon (j) It introduces a mechanism for those MSs wishing
to leave the EU.
he eventual outcome was the Treaty of Lisbon, signed
(k) It increases the power of the ‘eurogroup’ (the
on 13 December 2007 and scheduled for full ratiica-
countries that have adopted the euro) to decide
tion by the end of December 2008. Ireland was the
their own policies.
irst to put it to the test and rejected it on 13 June
(l) It incorporates an EU Charter of Fundamental
2008, by 53.4 per cent to 46.6 per cent, creating the by-
Rights, including the right to strike, with legal pro-
now familiar havoc. his led to ‘a time for relection’,
vision limiting its application in national courts.
since the other MSs repeated the game of proceed-
(m) It reduces the size of the Commission, starting
ing with ratiication. To shorten the familiar game,
in 2014, with commissioners sent from only two-
certain accommodations were inally agreed, which
thirds of MSs on a rotation basis.
led to a second and overwhelmingly successful Irish
(n) It raises the minimum number of seats in the EP
referendum on 3 October 2009, by 67.1 per cent to
for small MSs from four to six, and sets out a limit
32.9 per cent. But the inal ratiication did not happen
of ninety-six for the big MSs.
until the Eurosceptic Czech president, Vaclav Klaus,
was accommodated. he treaty became inal on 13 As mentioned, since a number of these points concern
November 2009 and operative from 1 December 2009; institutional changes, it makes more sense to discuss
it amends the two core treaties, the TEU and the treaty them in Chapter 3.
establishing the European Community, with the latter
renamed the Treaty of the Functioning of the European
Union (TFEU).
2.4 Conclusion
Here, is a skeleton of the Lisbon Treaty; skeleton
since most of it simply incorporates what is in the previ-
Adherents of the original ideal of European unity would
ous treaties:
stress that, from what has been stated in this chapter,
(a) It sets out a single simpliied EU treaty. one cannot escape the conclusion that although the
(b) It creates the post of president of the EU Council EU has not yet reached the inishing line, it has gone a
(see Treaty on European Union, TEU, Article long way towards achieving the dream of its founding
9B.5), serving for thirty months, renewable once, fathers: the creation of a United States of Europe. hey
instead of six-monthly rotations. would add that the long march is easily explicable in
(c) It creates the post of EU foreign policy chief, oi- terms of the diiculties inherent in securing the nec-
cially called the High Representative of the Union essary compromises needed, while accommodating
for Foreign Afairs and Security Policy (TEU, new members, and the tackling of unforeseen eco-
Article 9E), popularly referred to as ‘foreign policy nomic and political problems, from both within and
supremo’ (FPS), who heads a yet to be created EU without. hey would concede that it would, of course,
diplomatic service. require a big leap from the present ‘union’ to a full
(d) It gives greater scope for defence cooperation European state, but that much has been achieved and
among MSs, including procurement. that this vision has been and will continue to be the
(e) It gives new powers to the EP over legislation and guiding light for European integration (see Chapter
the EU budget. 25). hey would also add that it behoves all those who
(f) It enables national parliaments to ensure that EU would like to reduce the EU to a mere trading bloc to
law does not encroach on MSs’ rights. think twice. he EU has already gone far beyond this,
(g) It abolishes the national veto in some areas, and as the problems of the Eurozone indicate, even
including immigration and asylum policy. to efectively maintain current economic integration
A history of European integration and the evolution of the EU 35
may require further political developments. However, have been undertaken, bringing the EU to what it
several member nations – most deinitely the UK, is today; most signiicant among these have been:
and some would claim many EU citizens (they have 1. the Single European Act of 1985, to ensure a true
never been asked the question directly and straight- common market with freedom of movement for
forwardly) – do not share this view. hey would insist goods, services, people and enterprises
that the EU has developed more than far enough, and 2. the Treaty on European Union (TEU) in 1991,
would add that even though the creation of a powerful for further integration through a full EMU, insti-
united European economy, with most of its members tutional changes and developing political com-
using the same currency, is a historic achievement, petences, with the EC forming only a pillar of
nothing further should ensue, and certainly not politi- a wider European Union, including common
cal unity. political, foreign and security concerns
I shall leave it there, since my own position, if it is not 3. the Amsterdam Treaty of 1997, to tidy up the
yet apparent, should not matter; it is what you believe loose ends of the TEU and introducing the ‘sub-
in the light of the facts and your own deep relection, as sidiarity principle’
well as your personal vision, that really matters. I shall 4. the Nice Treaty of 2000, to facilitate enlargement
return to this issue, however, in the inal chapter on the to the east and south-east, adding over ten ex-
future of European integration (Chapter 25). Soviet bloc nations
5. the Lisbon Treaty of 2007, to simplify the treaties
and include a full-time president and foreign
Summary policy supremo.
• Although the EU is not a federal state, it exhibits
• he intellectual pursuit of voluntary European unity many of its facets.
has a very long history, going back to the fourteenth
century, but eforts to make it a practical reality did
not start until the end of the Second World War. Questions and essay topics
• he driving force behind European unity is the
achievement of eternal peace, putting an end to the 1. Why did concrete European unity eforts not start
continent’s woeful history of conlict, bloodshed, until the end of the Second World War?
sufering and destruction. 2. Why did the USA insist that the Europeans them-
• he concrete efort for European unity began with: selves should decide what reconstruction assist-
1. the Economic Commission for Europe in 1947, ance should be provided by the USA through the
to initiate and participate in concerted measures Marshall Plan?
aimed at securing the economic restructuring of 3. Why was the idea behind the creation of the ECSC
the whole of Europe brilliant?
2. the Brussels Treaty Organization (BTO) in 1948, 4. Why was the ECSC’s ‘High Authority’ a suprana-
to create a system of mutual assistance in times tional institution?
of attack on Europe 5. Why does Jean Monnet deserve to be called the
3. the North Atlantic Treaty Organization in 1949, ‘father of Europe’?
adding the USA and Canada to the BTO 6. In what way did the end of the cold war afect
4. the Organization for European Economic European integration?
Cooperation in 1948, to facilitate the aid to 7. What is the rationale behind the Copenhagen
Europe provided by the USA through the criteria?
Marshall Plan 8. What is the subsidiarity principle?
5. the European Coal and Steel Community in 9. What does acquis communautaire mean?
1951, a common market for iron, coal and steel 10. ‘he United Kingdom is the black sheep of Europe.’
6. the European Economic Community and Discuss.
European Atomic Energy Community in 1957. 11. ‘he Lisbon Treaty is a disguised constitutional
• Since 1957 several integration-enhancing measures treaty.’ Discuss.
36 Ali El-Agraa
FURT HER REA D I NG free movement of goods, services and factors of produc-
tion. However, laying down the rules for mobility was
Gillingham, J. (2003) European Integration, 1950–2003: no guarantee of it taking place, especially in the case of
Superstate or New Market Economy?, Cambridge labour, since Europeans had a strong tendency to stay
University Press.
close to their birthplace and still largely do (see Chapter
Lipgens, W. (1982) A History of European Integration, vol. 7). Given this proviso, one can say that by 1969 a recog-
I – 1945–47: he Formation of the European Unity nizable CM existed.
Movement, Clarendon Press, Oxford.
Recall that the aims also included the creation of
Marjolin, R. (1986) Architect of European Unity: Memoirs common policies. Because of French demands, some-
1911–1986, trans. William Hall (1989), Weidenfeld times bordering on threats, the CAP was almost fully
and Nicolson, London.
operational by 1969. However, the CTP was slow to
Young, H. (1998) his Blessed Plot: Britain and Europe from evolve. But transport was not just an industry; it was
Churchill to Blair, Macmillan, Basingstoke. and is largely a provider of services and publicly owned,
thus not easy to tackle (witness the havoc created by
privatization in some EU nations, especially the UK).
N O TES
Moreover, the ESF and the EIB were duly established
1 His most noted books are Coudenhove-Kalergi (1926, and were fully operational at an early stage, with the EIB
1938, 1943, 1953). given a triple-A rating, the highest award. Furthermore,
2 Greece and Turkey joined NATO in 1952, West Germany steps were taken to create a Common Commercial
became a member in 1955 (see page 20), and Spain Policy, and the Six undertook appropriate trade and
was added in 1982, after the disappearance of General
Franco from the political scene. Following the collapse
of communism in Eastern Europe, the Czech Republic, Table NT1.1 EC intra-area tariff reductions (%)
Hungary and Poland joined in 1999, Bulgaria, Estonia,
Latvia, Lithuania, Romania, Slovakia and Slovenia in Reduction Reduction Cumulative
2004, and Albania and Croatia in 2009, giving NATO date based on the reduction
twenty-eight members; and, vitally, NATO and Russia 1/1/1957 level
signed the Act on Mutual Relations, Cooperation and
1 January 1959 10 10
Security.
1 July 1960 10 20
3 As mentioned, two of the major aims were the creation
1 January 1961 10 30
of the customs union (CU) and the common market
1 January 1962 10 40
(CM). he basic elements of the CU – that is, the removal
1 July 1962 10 50
of the internal tarifs, the elimination of import quota
1 July 1963 10 60
restrictions and the creation of the CETs – were estab-
1 January 1965 10 70
lished a year and a half ahead of schedule (Tables NT1.1
1 January 1966 10 80
and NT1.2 provide their evolution).
1 July 1967 5 85
As to the CM elements, initial steps were undertaken
1 July 1968 15 100
and measures proposed to tackle the many NTBs to the
1 January 1961 30 30
1 January 1962 30 30
1 July 1963 30 60
1 January 1966 30 60
1 July 1968 40 1,000 40 100
A history of European integration and the evolution of the EU 37
aid arrangements in respect of their colonial and ex- here is no need to evaluate Euratom, since it then
colonial dependencies. Also, a rudimentary system involved only France.
of macroeconomic policy coordination was devised. 4 EEA membership smoothed negotiations and Austria,
hus there was complete success in the case of the CU, Finland and Sweden joined the EU in 1995.
and variable and steady success with regard to the CM 5 he missing seven were the foreign ministers of the
aspects, although, given their nature, that was hardly Czech Republic, Denmark, France, the Netherlands,
surprising. Poland, Sweden and the UK.
EU institutions
3 AL I E L - AGR AA
38
EU institutions 39
he EU president is expected to ‘facilitate cohesion agriculture, where it drafts regulations (see Chapter
and consensus’ within the European Council, present a 20); and technical R&D, where it promotes and coordi-
report to the EP after each meeting and make sure that nates through EU framework programmes (see Chapter
the EU is externally represented on common foreign 14). he Commission is also entrusted with the man-
and security policy (CFSP), naturally without prejudice agement of the EU general budget, and its discharge of
to the powers of the FPS. he appointment is full-time this responsibility is assessed by the European Court of
for 30 months and can be renewed once. Auditors (see Chapter 19).
he FPS assumes oice for ive years. he oice- As the joint guardian of EU treaties, the
holder also acts as a vice-president of the Commission Commission has to see to it that EU legislation is
and controls a vast diplomatic corps, now in the proc- properly implemented in MSs. In doing so, it is hoped
ess of being established. that it can maintain a climate of mutual conidence
so that all concerned, be they MSs, economic opera-
tors or private citizens, can carry out their obligations
3.3 The Commission to the full. If any MS is in breach of EU legislation –
for example, by failing to apply an EU directive (see
EU treaties assign the Commission a wide range of Chapter 4) – the Commission, as an impartial author-
tasks, but these can be narrowed down to four major ity, should investigate, issue an objective ruling and
roles. he Commission initiates EU policy by pro- notify the government concerned, subject to review
posing new legislation to the Council and the EP. It by the ECJ, of the action needed to rectify the situ-
serves as the EU executive arm by administering and ation. If the matter cannot be dealt with through
implementing EU policies. Jointly, with the ECJ, it the infringement procedure, the Commission then
acts as the guardian of EU treaties by enforcing EU has to refer it to the ECJ, whose decision is bind-
law. And it acts as the EU spokesperson and negotia- ing. Likewise, with the supervision of the ECJ, the
tor of international agreements, especially in relation Commission monitors companies for their respect of
to trade and cooperation, such as the EU Cotonou EU competition rules.
Agreement, which links the EU with seventy-nine Until 2004, when the EU had 15 MSs, the Commission
African, Caribbean and Paciic nations (EU–ACP; see consisted of twenty members, one of whom was presi-
Chapters 1 and 23). dent and two vice-presidents. Two commissioners
As the initiator of EU policies, the Commission for- came from each of the then ive large MSs and one
mulates proposals in several areas deined by the trea- from each of the remaining ten – that is, the number of
ties. Due to the subsidiarity principle (see Chapter commissioners was determined, roughly, by popula-
2), such proposals should be conined to those where tion size (see Table 5.1 on the website). However, the
action at EU level would be more productive than at Nice Treaty required that the larger MSs should drop
the national, regional or local level. However, once the their second commissioner after 2005, so the number
Commission has lodged a proposal with the Council is now 27, including the president and the FPS since
and the EP, the three institutions collaborate to try the entry into force of the Lisbon Treaty, which also
to achieve an agreement. Note that the Council gen- dictates that as of 1 November 2014 the number should
erally reaches agreement by unanimity, only resort- be limited to two-thirds of the total – that is, 18 for the
ing to QMV for more controversial measures. Also, EU of 27, unless the European Council unanimously
the Commission carefully scrutinizes amendments by decides otherwise.
the EP before ofering, where deemed appropriate, an All commissioners are appointed for ive years (it
amended proposal. was only four years until 1994) and have renewa-
As the EU executive arm, the Commission is involved ble terms. hey are chosen for their competence and
in all the areas in which the EU is concerned. However, capacity to act independently in the interest of the
the role it plays assumes particular signiicance in cer- EU itself, and not of their own nations. hey have all
tain ields. hese include competition policy, where been prominent politicians in their own countries,
it monitors cartels and mergers and disposes of or often having held ministerial positions: the incumbent
monitors discriminatory state aid (see Chapter 13); Commission president, José Manuel Barroso, who was
40 Ali El-Agraa
not the irst choice for his irst term (2004–9), was
recruited while still prime minister of Portugal; his Box 3.1 The need to reform the Commission
immediate predecessor, Romano Prodi, was prime Santer’s Commission (1995–9) sufered the unique
minister of Italy (1996–8, and again during 2006–8); humiliation of having to resign nine months pre-
before him, Jacques Santer was prime minister of maturely in March 1999. he resignation had been
Luxembourg (1995–9); and the noted Jacques Delors instigated by the EP, following a report by a com-
was the French minister of economy and inance in mittee of independent experts which condemned
1981 and was expected to stand for the presidency. his the Commission and the Commission president
political experience is necessary because commission- for not assuming responsibility for inancial irregu-
ers need to be familiar with the political scene and be larities and other acts of misconduct within their
able to meet senior politicians on equal terms; without services. Serious allegations were also made against
this stature and ability to understand political pres- Commissioner Édith Cresson of France, regarding
sures they would lose the senses of touch and timing the appointment of her former dentist to a research
that are essential for the Commission to function efec- job within the Commission. Cresson’s stubborn
tively. Indeed, two of them have been so assertive refusal to resign and the belief of several commis-
that they have been accused of exceeding their duties: sioners that her resignation was necessary, if only
Hallstein (1958–62 and 1962–7) for trying to give more to clear their names, left Santer with no alterna-
powers to the Commission to build it into a govern- tive but to announce the resignation of the entire
ment for Europe; and Delors (1985–9, 1989–93 and Commission, even though the EP had not censured
1993–5) for attempting to impose his French socialist it, but Santer’s Commission stayed in a caretaker
approach on the rest of the MSs (Gillingham 2003). capacity.
One has to recall, however, that Hallstein, the irst ever
Commission president, was following in the footsteps
of Monnet and the Benelux drive for political unity of
Europe through the back door, at a time when seeking remaining commissioners. he EP then gives its opin-
the support of the European populace for a ‘united ion on the entire college of twenty-seven through an
states of Europe’ was out of the question: who in his approval process – the EP has the power to dismiss the
or her right mind would have attempted to seek the entire Commission, but not individual commissioners
endorsement of the average person when the devasta- (see page 45). Once the college is approved by the EP,
tion of the Second World War was so fresh in people’s the new Commission assumes its oicial responsibili-
minds? As for Delors, his record speaks for itself, but ties in the following January; six of the commissioners
some claim that his misguided obsession with a ‘social- are now vice-presidents.
ist’ Europe was shared by many EU organizations and It is pertinent to add here that, following the exposure
citizens at the time. Of course, some would claim that of ineptness and laxity in some parts of the Commission
all commissioners had become spent forces in their (see Box 3.1), the EP has taken the question of approval
own countries before joining the Commission, but even more seriously and has subjected nominees to
others would counter such an argument by stressing detailed scrutiny, including their suitability for their
that ‘experience’ does not vanish overnight and many intended posts (see Box 3.2), the allocation of which is
politicians return to oice in their home countries after the prerogative of the Commission president. Indeed,
serving in the Commission.2 the EP succeeded in doing precisely that when, for his
he commissioners’ appointment process begins irst term, Barroso nominated Rocco Buttiglione of Italy
within six months of EP elections. his is to allow for the justice portfolio (see Box 3.2).
time for the necessary EP procedure to approve the It has also been made clear that the commission-
Commission. his procedure commences with the ers must work under the political guidance of the
appointment of the Commission president, who is Commission president (EC, Article 219), while the com-
nominated by MSs and has to be approved by the missioners have had to agree to resign if asked to do so
EP. Once conirmed, the Commission president, with by the Commission president. he procedures have
the collaboration of MSs’ governments, nominates the enhanced the EP’s powers considerably, since the EP
EU institutions 41
a sense, the Commission follows the British practice is assisted by committees of representatives of MSs.
of collective responsibility – that is, it acts as a colle- Also, it works closely with the EESC and the CoR, since
giate body, accepting responsibility as a group, but in it has to consult them on many proposed legislative
practice policy rests mainly with the responsible com- acts. he Commission also attends all EP sessions,
missioner, perhaps in association with two or more where it must clarify and justify its policies, and regu-
colleagues. larly replies to both written and oral questions posed
In carrying out its responsibilities, the Commission by MEPs.
seeks the opinions of national parliaments, administra- One should point out that, in some ways, both for
tions, and professional and trade union organizations. interest groups and for the layperson who wishes to
For the technical details of its legislative provisions make the efort, the Commission is more accessible
or proposals, it consults the experts meeting in the than national administrations. his is due, in part,
committees and working groups that it organizes. In to the fact that the consultation processes, although
carrying out implementing measures, the Commission clumsy, do bring a wide range of people in touch with
EU institutions 43
EU afairs. he danger of this web of machinery and and so on. hus, unlike the Commission, the Council
consultation is indecision and slowness of action. At is not made up of a ixed body of people. he Council
the same time, it puts a premium on the views of those is located in Brussels and most of its meetings are held
who are efectively organized. Additionally, there is a there, except during April, June and October, when
well-established Commission policy of informing and they take place in Luxembourg.
educating the public in order to mobilize public opin- Since Council membership varies according to the
ion behind the integration process. Unfortunately, this subject matter under review, this has led to prob-
has not been very efective, so that considerable unease lems for MSs. Because EU issues are handled by vari-
remains, and its success in establishing relations with ous ministers, briefed by their own civil servants, it
bankers, industrialists and other interest groups has becomes harder for any government to see its EU policy
contributed to a widespread belief that the EU is an as a coherent whole. In turn, coordination within the
elitist institution, far removed from the ordinary citi- government machine becomes problematic. For the
zen. Hence better information and public access to the EU, too, the greater specialization of business creates
Commission have been a priority since the Maastricht diiculties, since it has become far harder to negoti-
Treaty. ate a package deal whereby a set of decisions can be
Finally, one should add that it is possible that the agreed, and each MS has gains to ofset against its
term ‘Commission’ itself may be confusing. his is losses, although in the long run governments need to
because it is used to refer to both the college of twenty- show the beneits they have achieved.
seven commissioners and to the entire institution, Council presidency rotates, with each MS holding it
with approximately 32,000 staf.3 However, one should in turn for a period of six months, and the chairman-
encounter no major diiculties, since it is easy to judge ship of the many committees alters correspondingly.
from the context which meaning is being used on any he Council president plays an active role as the organ-
given occasion. izer of the Council’s work and as the chairperson of its
meetings; as the promoter of legislative and political
decisions; and as an arbiter between MSs in broker-
3.4 The Council of the European Union ing compromises between them. It has become the
practice for each MS to try to establish a particular
As mentioned in Chapter 2, the three Councils of style of working and to single out certain matters to
Ministers, one for each of the ECSC, the EEC and which it wishes to give priority. Since any chairper-
Euratom, were merged in 1965. With the adoption of son can inluence business signiicantly, the president
the Treaty on the European Union (TEU; the Maastricht may occupy an important, albeit temporary, role. he
Treaty), the name was changed in 1993 to the Council Council president also fulils some representational
of the European Union (hereafter, Council; see page functions towards other EC institutions, notably the
30) to relect the three EU pillars. EP.
he Council consists of representatives of MSs’ he Council has six major responsibilities. It is the
governments, who are accountable to their national main EU legislative body, but in many areas it exer-
parliaments and citizens; hence it is the embodi- cises this prerogative jointly with the EP through the
ment of national interests, but representatives of the co-decision procedure (see page 46). he Council coor-
Commission always attend its meetings. Note that dinates the broad economic policies of MSs. It also
although the Commission has no voting rights, it plays concludes EU international agreements. Together with
an active role in helping to reach a decision, and that the EP, it has authority over the EU general budget.
it is here that it can perform an important mediating On the basis of general guidelines from the European
function between national viewpoints and its own, Council, it used to take the necessary decisions for
which, as we have seen, is intended to represent the framing and implementing the CFSP, but this task has
general EU interest. Who constitutes the Council now gone to the FPS. It coordinates MSs’ activities as
depends on the matter under consideration: for inan- well as adopting measures in the area of judicial and
cial matters, it would be the ministers of inance; for home afairs (JHA).
agriculture, it would be the ministers of agriculture, It may prove helpful to elaborate on three of these
44 Ali El-Agraa
roles. With regard to its decision-making powers, assent. For the EU27 the distribution of the votes is:
generally speaking the Council only acts on a pro- twenty-nine for each of France, Germany, Italy and
posal from the Commission (see page 39), and in the UK; twenty-seven for Poland and Spain; fourteen
most cases acts jointly with the EP in the context for Romania; thirteen for the Netherlands; twelve each
of a co-decision, consultation or assent procedure for Belgium, the Czech Republic, Greece, Hungary
(see page 46). Under the co-decision procedure, and Portugal; ten each for Austria, Bulgaria and
the Council and the EP share legislative authority Sweden; seven each for Denmark, Finland, Ireland,
in general areas, including the completion of the Lithuania and Slovakia; four each for Cyprus, Estonia,
internal market, environment and consumer protec- Latvia, Luxembourg and Slovenia; and three for Malta.
tion, non-discrimination, free movement and resi- A decision requires a majority of MSs and a minimum
dence, and combating social exclusion. However, the of 255 votes (73.9 per cent of the total of 345), and the
Council plays a dominant role when it comes to JHA blocking minority is ninety-one votes. he proviso is
when it relates to essential components of national added that a Council member can request veriication
policy, since both the EP and the Commission have on whether the MSs constituting the 255 votes repre-
more limited roles in this area. Also, although the sented at least 62 per cent of the total EU population;
Commission is entrusted with the enforcement of EU if not, the decision cannot be adopted. hus a deci-
legislation, the Council may reserve the right for it to sion requires a triple majority. his general picture is
perform executive functions. reinforced in the Lisbon Treaty, which deines QMV
he Maastricht Treaty introduced economic policy from 1 November 2014 to be at least 55 per cent of
coordination to achieve this task; each year the Council Council members, comprising at least ifteen of them
adopts draft guidelines for MSs’ economic policies, and representing MSs comprising at least 65 per cent
which are then incorporated into the conclusions of of the EU population. hat being the case, one is left
the European Council. hey are then converted into a wondering why the arithmetic is needed, unless one
Council recommendation and accompanied by a mul- is interested in the trivial pursuit of playing exercises
tilateral surveillance mechanism. his coordination is with them.
performed in the context of EMU, where the Economic As a inal word on QMV, one should add that its pro-
and Financial Afairs (ECOFIN) Council plays a leading ponents often claim that it is a device meant to ensure
role (see Chapters 10–12). that the large MSs cannot impose their wishes on the
Finally, with regard to the joint responsibility of smaller MSs. However, it can equally be claimed that it
the Council and the EP for the EU general budget, the is a system that prevents majority opinion from being
Commission submits a preliminary draft budget to stymied by a few smaller nations, which is what could
the Council for approval each year. Two successive happen in the case of a decision requiring a simple
readings allow the EP to negotiate with the Council majority of EU nations – that is, fourteen out of the
on the modiication of certain items of expenditure twenty-seven, or of course unanimity.
and to ensure that budgetary revenues are allocated he Council is served by its own secretariat and is
appropriately. In the case of disagreement with the supported by an important body called the Committee
EP, the Council is entrusted with making the inal of Permanent Representatives (COREPER). he mem-
decision on the so-called ‘compulsory expenditures’ bership of COREPER comprises senior representatives
(see Chapter 19), relating mainly to agriculture and from MSs holding ambassadorial rank. his body pre-
inancial commitments emanating from EU agree- pares Council work, except for agricultural matters,
ments with non-MSs. However, with regard to ‘non- since these are entrusted to the Special Committee on
compulsory expenditures’ and the inal adoption of the Agriculture. he Council is also assisted by working
whole budget, the EP has the inal say. groups, which consist of oicials from MSs’ national
Council decisions are taken by unanimous, simple administrations.
or QMV (see page 38), with QMV being the most In 1966 it was agreed that it would be desirable
common. When QMV is used, each MS is endowed for the Commission to contact MSs’ governments via
with a number of votes. he votes are weighted so that COREPER before deciding on the form of an intended
at least some of the smaller member nations must proposal. As a result of its links with both the Council
EU institutions 45
and the Commission, COREPER is involved in all resolutions, can be adopted. A regulation is directly
major stages of EU policy-making. Many matters of applicable and binding in its entirety in all MSs, with-
policy are in fact agreed by COREPER and reach the out the need for any national implementing legisla-
Council only in a formal sense. While this is one tion; hence it is automatic EU law. A directive binds
way of keeping business down to manageable propor- MSs to the objectives to be achieved within a certain
tions, it has meant that the Council itself has become period of time, while leaving the national authorities
concerned only with the most important matters, or the choice of form and means to be used; thus direc-
those which may not be of great substance but which tives have to be implemented by national legislation in
are nevertheless politically sensitive. his has encour- accordance with the procedures of the individual MSs,
aged domestic media to present Council meetings as and in this respect the UK has been the fastest and
national battles in which there has to be victory or Italy the slowest. A decision, which is a more speciic
defeat, and politicians have become extremely adept act and often administrative in nature, is binding in all
at using publicity to rally support for their point of its facets only for the party it is addressed to, whether
view. As a result, the efect has been the opposite of it be all MSs, an individual MS, an enterprise, an indi-
what was originally intended – that is, that the experi- vidual or individuals. Recommendations and opinions
ence of working together would make it progressively have no binding force, but they express detailed EU
easier to ind an answer expressive of the general good, preferences on an issue. Formal acts, notably regula-
and for which majority voting would be a suitable tions and directives, are constantly adding to EU law
tool. Instead, conlict of national interests is often a (see Chapter 4). he majority of legislation is now
better description. he Council also encounters practi- directives: in 2009 there were 1,521 directives and 976
cal problems. he great press of business, the fact that regulations relating to the Single European Market
ministers can only attend to Council business part- (SEM; CEU 2010a).
time, the highly sensitive nature of their activities and
the larger number of members all contribute to a grave
time lag in reaching policy decisions, and the move 3.5 The European Parliament
towards QMV was one measure designed to overcome
this diiculty. Originally, the EP was a consultative rather than a
he General Afairs, ECOFIN and Agriculture legislative body, since the Council had to seek its opin-
Councils meet once a month, while the others meet ion, albeit without obligation, before deciding on a
between two and four times a year, the frequency Commission proposal. It did have the power to dismiss
depending on the number and urgency of the issues the entire Commission, but because it did not possess
under consideration. Because the ministers of inance the right to appoint commissioners, many analysts
and foreign afairs also meet in other capacities, due did not attach much signiicance to this. However, as
to the nature of EU activities, their (ECOFIN) meetings mentioned in Chapter 2 and above (see page 40), the
have attracted the term ‘Senior Council’. EP acquired budgetary powers in 1970, inancial provi-
sions powers in 1975 and the right to elect the president
of the Commission in 1992. Also, the SEA gave it more
3.4.1 Types of EU decision
powers in 1986, and the Maastricht (1992), Amsterdam
It will become clear later that all EU institutions have (1997) and Lisbon (2009) treaties have turned the EP
a part to play in the decision-making process, depend- into a true legislative body, as well as strengthening its
ing on a modus vivendi existing between them to allow role as the democratic overseer of the EU. Some elabo-
the process to operate. It is, however, at Council that ration of this is warranted.
outcomes are declared; hence this is the appropri- he EP acts together with the Council in formulating
ate place to specify their nature. Formally, an EU and adopting certain legislation emanating from the
‘action’ results in: a regulation, a directive, a deci- Commission. Here, the most common path is through
sion, a common action/position, a recommendation the co-decision procedure, renamed the ordinary leg-
or an opinion (TFEU, Article 249; see also Chapter 4). islative procedure in the Lisbon Treaty (TFEU, Article
Other measures, such as conclusions, declarations and 294), which gives equal weight to both and results in the
46 Ali El-Agraa
1. Proposal from
commission
1 A. Opinions by National
Parliaments
2. First reading by EP 3. Amended proposal from
position Commission
1 B. Opinions, where specified
by ESC and/or, CoR 4. First reading by
council
19. Council approves amended Council position at first reading 21. Council does not approve the
(i) by a qualified majority if the Commission has delivered positive opinion amendments to the Council position
(ii) unanimously if the Commission has delivered negative opinion at first reading
adoption of joint acts (see Figure 3.1). In the case of dis- afecting the right of residence for EU citizens; its own
agreements between the two, conciliation committees electoral procedures; and the task and powers of the
are convened to ind common ground. he co-decision ECB.
procedure applies particularly in the case of the single Moreover, although the Commission remains the main
market, freedom of movement of workers, technologi- instigator of new legislation, the EP also provides signii-
cal research and development, the environment, con- cant political momentum, especially through its exami-
sumer protection, education, culture and public health. nation of the annual programme for the Commission
Also, the EP’s approval is needed in certain areas. and asking it to submit appropriate proposals.
hese include accession by new member nations; With regard to the EU general budget (see Chapter
association agreements with non-members; decisions 19), the EP and the Council are the key players. Each
EU institutions 47
year, the Commission has to prepare a preliminary draft argue for the creation of a second chamber consisting
budget, which has to be approved by the Council. hen of representatives of national parliaments, determined
two readings ensue, providing the EP with the occasion by lot and with its only power to be the blocking of
to negotiate with the Council to amend certain items of centralizing legislation (Vaubel 2009). But such propo-
expenditure (although such amendments are generally sitions would not be consistent with the very nature
subject to the inancial constraints of the budget), and of the EU as a dynamic association still in the making
to ensure that the budgetary resources are appropri- (see Chapter 2). he EP operates in a diferent environ-
ately allocated. Finally, it is the EP that has the right to ment and its power struggles, so far, have been with the
adopt the inal budget, which needs the signature of Council and the Commission rather than with national
the EP president before it can come into force. Also, the parliaments.
EP’s committee on budgetary control is entrusted with he EP had its irst elections by direct universal
monitoring the implementation of the budget, and each sufrage in 1979. Elections are based on a system of
year the EP grants a discharge to the Commission for proportional representation and are held either on a
the implementation of the budget for the previous year. regional basis (as in, for example, Belgium, Italy and
hus the EP of today performs three important the UK) or nationally. he EP elected in June 2009
functions together with the Council: it legislates, it has 736 members (MEPs); the Lisbon Treaty dictates
shares authority on the EU general budget, and it that the number should not exceed 750 plus the EP’s
elects the president of the Commission and approves president (elected for 30 months). As Table 3.2 clearly
the nominations of EU president and commission- shows (see page 48), the national distribution of MEPs
ers. Independently, it has the right to censure the is very roughly proportional to the member countries’
Commission, forcing its resignation, and exercises populations.
political supervision over all the institutions. MEPs are elected for a term of ive years and each has
he EP operates in three diferent places. It meets in a parliamentary assistant. Once elected, they are organ-
Strasbourg, where it is seated, for its plenary sessions, ized in EU-wide political rather than national groups
which all members must attend. Its twenty parliamen- (presently seven; see Table 3.2), although in some
tary committees (covering everything from women’s cases national identity remains very strong. Twenty-
rights to health and consumer protection), which pre- ive MEPs from at least one quarter of the EU member
pare work for the plenary sessions, hold their meetings nations are needed for a group and no member can
in Brussels, and additional plenary sessions are held belong to more than one group. Each group appoints its
there too. Its secretariat is located in Luxembourg. his own chairperson, bureau and secretariat. Belonging to
set-up has attracted harsh criticism, not only for its a group is important because the groups attract funding
inconvenience and wasting of money and time, due and receive guaranteed seats on committees.
to the travel and accommodation expenses involved, Since the ideologies of the diferent factions in a
but more importantly for making it diicult for the EP group are not identical, one might wonder how such
to become a more coherent and efective organization. motley collections ever get anything useful done. he
It is often claimed that the reasons for these locations response would be that in reality they do agree on
are mainly historical, going back to the creation of many issues, but of course the pace at which they do
the ECSC, the EEC and Euratom, but the history was so is dictated by the time needed to reach consensus.
no accident, given the prestige the EP extends to the Moreover, for the EP to be efective, it has proved nec-
countries where it is located and the economic value of essary to have such large coalitions (Tsoukalis 2005).
having EU institutions operating in one’s country.
he EP is still in an evolutionary stage and cannot
be expected to follow the path of national parliaments, 3.6 The courts
which, in any case, difer among themselves. Some
have suggested (e.g. Gillingham 2003) that it should
3.6.1 The European Court of Justice
become merely an advisory body, just falling short
of the powers of the British House of Lords, on the here are three reasons why the ECJ is needed. First,
assumption that the EU is not a single state. Others a body of legal experts is indispensable for ensuring
48 Ali El-Agraa
Austria 6 4 2 5 17
Belgium 5 5 5 4 1 2 22
Bulgaria 6 4 5 2 17
Cyprus 2 2 2 6
Czech Republic 2 7 9 4 22
Denmark 1 4 3 2 1 2 13
Estonia 1 1 3 1 6
Finland 4 2 4 2 1 13
France 29 14 6 14 5 1 3 72
Germany 42 23 12 14 8 99
Greece 8 8 1 3 2 22
Hungary 14 4 1 3 22
Ireland 4 3 4 1 12
Italy 35 21 7 9 72
Latvia 3 1 1 1 1 1 8
Lithuania 4 3 2 1 2 12
Luxembourg 3 1 1 1 6
Malta 2 3 5
Netherlands 5 3 6 3 1 2 1 4 25
Poland 28 7 15 50
Portugal 10 7 5 22
Romania 14 11 5 3 33
Slovakia 6 5 1 1 13
Slovenia 3 2 2 7
Spain 23 21 2 2 1 1 50
Sweden 5 5 4 3 1 18
United Kingdom 13 11 5 25 1 13 4 72
Total 265 184 84 55 54 35 32 27 736
Note:
EPP: a group of the European People’s Party (Christian Democrats)
S&D: a group of the Progressive Alliance of Socialists and Democrats
ALDE: a group of the Alliance of Liberals and Democrats for Europe
Greens/EFA: a group of the Greens and European Free Alliance
ECR: a group of the European Conservatives and Reformists
GUE/NGL: a group of the European United Left and Nordic Green Left
EFD: the group of the Europe of Freedom and Democracy
NA: the non-attached
that the EU institutions act in a constitutional manner, he Court system consists of three courts: the ECJ,
fulilling the obligations laid out for them by the trea- the General Court and the Civil Service Tribunal, all
ties. Second, a court is essential for seeing that the MSs, seated in Luxembourg (see Chapter 4 for details). he
irms and individual citizens observe the (increasing ECJ has a president, elected by and from twenty-seven
number of) EU rules. And a court at the EU level is vital judges, one from each EU MS, for a three-year term.
for guiding national courts in their interpretation of EU here are eight Advocates General who are responsible
law, and hence for ensuring that EU legislation is uni- for (a) the preliminary investigation of a matter, and (b)
formly applied (see Chapter 4). presenting publicly and impartially reasoned opinions
EU institutions 49
observations on the execution of the budget for the makes recommendations for their elimination. he
previous year. hese observations are taken seriously Ombudsman can also investigate on his or her own ini-
by the EP and inluence its decision on the granting or tiative. he Ombudsman’s indings are referred to the
otherwise of the implementation of the budget. It also EP to act on. he Ombudsman also presents an annual
submits to them statements of assurance regarding report to the EP on his or her activities.
the proper use of EU revenues. Moreover, it gives its Complaints to the Ombudsman must be submitted
opinion on the adoption of inancial regulations; it can within two years of their being brought to the attention
submit observations on speciic issues and responds of the ofending party, provided that the administra-
with opinions to any request from any EU institu- tive procedures have already been undertaken and
tion. Furthermore, in the reports issued by the court, no legal proceedings have been initiated. When the
based on its investigation of documents and, where Ombudsman has lodged comments on an issue with
necessary, of organizations managing revenues and the institution or body concerned, it has the oppor-
expenditures on behalf of the EU, it draws the attention tunity to respond to them and it is also obliged to
of both the Commission and MSs to any outstanding provide the Ombudsman with any solicited informa-
problems. tion or access to relevant iles, except where there are
he court consists of twenty-seven members, one justiiable conidentiality grounds. If a case of malprac-
from each MS, appointed by the Council, but consult- tice has been established, the Ombudsman notiies
ing the EP, and it must decide by unanimous agree- the institution or body involved and the latter must
ment. he appointees are chosen from those who have respond within three months with a detailed opinion.
worked for auditing institutions in their MSs or are he Ombudsman then lodges a report with both the EP
speciically qualiied for the job, and must meet the and the institution or body involved, and notiies the
requirements of independence and full-time work. complainant of the outcome of the investigations.
hey have six-year renewable terms, they elect one of
them to be president for three years and they have the
option of operating in chambers. he court has a staf 3.8 The European Economic and Social
of about 500, 200 of whom are qualiied auditors (CEU Committee
2010b), divided into ‘audit groups’ according to the
nature of their work, and they prepare reports for the he Economic and Social Committee (ESC), now
court in order to help the court to reach its decisions. referred to as the European Economic and Social
Committee (EESC), was irst established as a result of
the ECSC Treaty. he EESC is a forum for organized
3.7 The Ombudsman EU civil society. It comprises the various categories
of economic and social activity, such as employers,
Following the TEU call for the establishment of a unions and the self-employed, together with repre-
European Ombudsman to deal with complaints sentatives from community and social organizations
raised by EU citizens, the post was created in 1995. (in particular, producers, farmers, carriers, workers,
he appointment, which is for a renewable term of dealers, craftsmen, professional occupations, consum-
ive years, is the prerogative of each new EP; hence it ers and general interest groups). hese are considered
coincides with each EP’s life. he oice is located in as three groups: (1) employers’ representatives from
Strasbourg, where there is a secretariat whose principal both the private and public sectors; (2) mainly mem-
administrator is appointed by the Ombudsman. bers of national trade union organizations; and (3) a
Being authorized to act independently as a full-time miscellaneous group, including members of farmers’
intermediary between EU citizens, including foreign- organizations, small and medium-sized enterprises
ers residing or having registered oices in the EU, (SMEs) and various NGOs.
and the authorities (only the ECJ and the General he EESC plays an important role of a general con-
Court, in their judicial roles, do not come under the sultative and informative nature. Its opinions are
Ombudsman’s jurisdiction), the Ombudsman uncov- sought by the Commission, the Council and the EP
ers malpractices in EU institutions and bodies and (since the Amsterdam Treaty) on all matters under its
EU institutions 51
jurisdiction, some of which are mandatory. Since 1972 institution. Usually about ten plenary sessions are held
the EESC itself can also formulate its own opinions on every year.
issues it deems to be important. It also ofers ‘explora-
tory opinions’ when approached by the Commission or
the EP to discuss and make suggestions on an issue that 3.9 The Committee of the Regions
could lead to a Commission proposal.
he TEU endowed the EESC with a status akin to he Committee of the Regions (CoR) was set up in 1994,
that of the other EU institutions, especially in terms of as dictated in the TEU, in response to demands by sev-
its procedural rules, budget, the reinforcement of its eral MSs that regional and local authorities should be
right of initiative and the management of its staf with directly involved in deliberations at EU level. In many
a secretariat-general. In 1997 the EESC saw a broaden- countries these authorities enjoy wide-ranging powers,
ing in its ield of action, notably in social matters, in either because of the federal structure of the country
accordance with the Amsterdam Treaty. concerned or by virtue of legislative or constitutional
he EESC has 344 members, appointed by the Council measures adopted over the past few decades; hence
by lists forwarded by the governments of MSs. Each they are in direct touch with the average EU citizen,
member is appointed (and can be reappointed) for four whose involvement in EU afairs, as we saw in Chapter
years and acts independently, in a personal capacity, in 2, has been a major issue. he TEU speciies that mem-
the interests of the whole EU. he national distribution bers of the CoR must hold a regional or local authority
of the 344 members is such that France, Germany, Italy electoral mandate or be politically accountable to an
and the UK have twenty-four members each; Poland elected assembly, but must act independently.
and Spain have twenty-one each; Romania has ifteen; he CoR is an advisory body to the Council, the
Austria, Belgium, Bulgaria, the Czech Republic, Greece, Commission and the EP, and its main work entails
Hungary, the Netherlands, Portugal and Sweden have advancing its own opinions on Commission propos-
twelve each; Denmark, Finland, Ireland, Lithuania and als. Also, as is expected, it ensures that the subsidiarity
Slovakia have nine each; Estonia, Latvia and Slovenia principle is safeguarded. Moreover, the Council and
have seven each; Cyprus and Luxembourg have six the Commission must consult the CoR on any issue
each; and Malta has ive. of direct relevance to local and regional authorities,
he EESC is housed in Brussels, but although most and it can initiate its own opinions on matters of par-
of its meetings and plenary sessions are held there, ticular concern to itself and lodge them with either
meetings are also scheduled in other locations. It has a the Council, the Commission or the EP. Hence the
plenary assembly, a bureau, the three groups just men- CoR’s work is guided by three principles: subsidiarity,
tioned, six sections (dealing with the main EU activi- proximity to citizens and partnership between those
ties) and a secretariat-general, with a staf of 135. It involved at all levels.
elects its own bureau of thirty-seven members, a presi- he structure and procedures of the CoR resemble
dent and two vice-presidents from the three groups in those of the EESC in most respects. he exceptions are
rotation, who hold oice for two-year terms. he presi- fourfold. First, for every one of the 344 members there
dent acts as its external representative. is an alternate. Second, as just mentioned, the mem-
In reaching its decision, the EESC follows a certain bers are mainly politicians, either elected or exerting
procedure. When the president receives a request for inluence on local or regional authorities. hird, the
an opinion from the Council, the Commission or the members are assigned to six specialist commissions
EP, the bureau lodges it with the appropriate section. (set up by each plenary assembly, hence their designa-
he section then sets up a study group, consisting tion varies with each term), whose job is to prepare
of about twelve people, and appoints a rapporteur, for the ive annual plenary sessions (it also holds two
assisted by about four experts in the ield. Based on extraordinary meetings, each in the member nation
the group’s recommendations, the section adopts its acting as president at the time), which decide its ‘opin-
opinion on the basis of simple majority and this is then ion’. Fourth, its bureau consists of its president, the
considered in the plenary session, which decides in irst vice-president, twenty-seven other vice-presidents
the same way before addressing it to the requesting (one from each MS), twenty-seven other members
52 Ali El-Agraa
and the leaders of its political groups. he bureau has here is also the general council, consisting of the
three seats for each of France, Germany, Italy, Poland, ECB president and vice-president, as well as the gover-
Spain and the UK, and one for each of the remaining nors of the national central banks of all EU27 MSs. Its
twenty-one. task is to contribute to ECB advisory and coordinating
work and to assist with the future enlargement of the
Eurozone.
3.10 The European Central Bank
he ECB was established on 1 June 1998 and is located 3.11 The European Investment Bank
in Frankfurt, but its foundations were laid down
through the European Monetary Institute (EMI), intro- he European Investment Bank (EIB) was set up in 1958
duced on 1 January 1994, during the second stage of in Luxembourg, to fund both private and public invest-
EMU (see Chapter 11). It is given total independence to ment projects that enhance economic integration, and
carry out its mandate (see Chapter 12). to update and promote the balanced development and
he ECB and the seventeen central banks of the euro economic and social cohesion of EU MSs (see Chapters
nations are known as the Eurosystem, which distin- 2, 21 and 22). In global terms, the EIB meets the inan-
guishes them from the European System of Central cial obligations of EU agreements on development aid
Banks (ESCB), since the latter includes the central and cooperation policies (see Chapter 24). EIB capital
banks of all twenty-seven EU nations. he ECB lies is provided by MSs, each contributing according to its
at the very heart of the Eurosystem (see Chapter 12), relative GNP standing within the league of EU MSs. he
whose primary task is to ensure price stability in the EIB is empowered to make its own decisions on which
Eurozone. Price stability has been deined as an annual projects to inance.
increase in the consumer price index of less than 2 per he EIB has a board of governors, a board of direc-
cent. How this is achieved is explained in Chapter 12. tors, a management committee and an audit commit-
In executing its task, the ECB deines and imple- tee. he board of governors, consisting of ministers
ments the monetary policy of the Eurozone; holds and appointed by MSs (usually the inance ministers),
manages the foreign exchange reserves of the Eurozone deines the general guidelines for lending, approves
and conducts foreign exchange operations; issues euro the balance sheet and annual report, decides on the
notes and coins; and promotes the smooth operation of funding of projects outside the EU and further capital
the payment systems. generation, and appoints the members of the other
he executive board of the ECB is responsible for three boards. he board of directors, which comprises
the daily running of the bank, the implementation of twenty-eight members on ive-year terms (one nomi-
its monetary policy and transmitting the necessary nated by each MS and one by the Commission) and is
instructions to the national central banks. It comprises headed by the EIB’s president, has sole responsibility
the president, vice-president and four other members, for decisions on loans, guarantees and borrowings, and
all six being appointed on the agreement of the heads ensures that the EIB is run properly and in accordance
of state or government of the nations in the Eurozone. with EU treaties. he board also has sixteen alternates,
All six hold non-renewable eight-year terms. necessitating sharing between MSs, and can co-opt up
he ECB’s top decision-making body is the govern- to six non-voting experts (three members and three
ing council, which comprises the six members of the alternates) for their advice. Since 1 May 2004, it has
executive board and the seventeen governors of the been deciding by a majority of those eligible to vote,
Eurozone central banks. he ECB president acts as but who must constitute a minimum of 50 per cent
its chairperson. he governing council meets twice a of the subscribed capital. he management commit-
month, and during the irst meeting it normally exam- tee is the full-time executive and consists of the EIB
ines the economic conditions and the position of mon- president and eight vice-presidents, appointed for six-
etary policy, and determines the key interest rate; in the year renewable terms. he audit committee, compris-
second meeting it concentrates on its other tasks (see ing three members and three observers on three-year
Chapters 11 and 12). terms, not only oversees the proper management of
EU institutions 53
EIB operations and inancial resources, but also coop- EU itself. Likewise, those who compare the powers
erates with the Court of Auditors for the EIB’s external of the EP with those of national parliaments are mis-
auditing. guided, since it is not a parliament for one nation, and
he EIB is usually invited by the EP to participate in so on and so forth.
the committees concerned with EIB operations. It also he second conclusion is that the worries stated
has input in preparing the work of the Council (hence in the last edition have not all been removed by the
the EIB president may be asked to attend some meet- adoption of the Treaty of Lisbon. Take, for example,
ings of the Council), and cooperates with other institu- the appointment of the full-time president of Council
tions concerned with its activities. to champion the EU’s internal agenda and represent it
he EIB inances its activities by borrowing on the to the outside world. hose who supported this change
inancial markets; thus it does not receive any EU insisted that it made sense only if the Commission itself
budgetary contribution, and is run as a non-proit- were strengthened at the same time, with its president
making entity. It is diferent from traditional banks, elected directly by the EP. hose who opposed it, how-
however, since it does not ofer current and savings ever, including then Commission president, Romano
accounts. It follows three criteria in deciding which Prodi, believed that this solution had a number of
investment projects it should fund: irst, the invest- drawbacks. It needed to ensure that rivalry between the
ment must be instrumental in enticing other sources presidents of the Commission and the Council did not
of funding; second, it must be in speciied ields; third, become a divisive factor; to avoid any risk of creating a
it must be in the most disadvantaged regions. It has second administration; to ensure that reforms actually
steadily grown in stature and is now ranked AAA, the improved the quality of work in the Council and the
highest credit rating on the capital markets, which various Council conigurations; and to settle satisfac-
enables it to raise funds on the most competitive of torily the issue of the accountability of the presidents
terms. It is also a majority shareholder in the European of the Council and the General Afairs Council (speech
Investment Fund (EIF), created in 1994 and located delivered by Romano Prodi to the French National
in Luxembourg, to assist with the inancing of invest- Assembly in Paris on 12 March 2003). Prodi pushed for
ments in SMEs. he EIB deals directly with those pro- a clariication of how competences should be shared
moting large-scale projects, worth at least 25 million by the two presidents and how long their terms of oice
euros, but cooperates with about 180 banks and spe- should be; who the president of the Council should be
cialist European inancial intermediaries in the case of accountable to; how to avoid duplicating the adminis-
SMEs and local authorities. tration; and how the work of the Council, and in par-
EIB activities promote EU integration in a wider ticular the presidency of the General Afairs Council,
sense, with about 10 per cent of its funding going to should be organized. Although some of these concerns
projects in applicant countries, Mediterranean nations have now been met, the gist of the reservations remains
and ACP countries, as well as to some Asian and Latin valid.
American nations for ventures of common interest.
Summary
3.12 Conclusion
• he EU has a unique institutional structure, which
he main conclusion is that because the EU is neither is not surprising, given that it is neither a federal
one nation nor a very loose assortment of completely state nor a purely intergovernmental cooperative
independent nations, the nature of its institutions venture.
should not be examined within the narrow context of • EU MSs delegate sovereignty in speciic areas to
a ‘united states of Europe’. Hence those who argue that independent institutions, entrusting them with
the Commission should be no more than an ‘executive’ defending the interests of the EU as a whole, as well
are oblivious to the fact that somehow there must be an as of both its MSs and its citizens: the Commission
institution responsible for initiating integrative eforts, upholds the interests of the whole EU; the Council
unless they are simply interested in the demise of the upholds the interests of MSs’ governments through
54 Ali El-Agraa
their ministerial representatives; the European Commission, and here the most common path is
Parliament (EP) upholds those of EU citizens, who through the co-decision procedure, which gives
directly elect EP members. equal weight to both and results in the adoption
• he Commission, the Council and the EP are known of joint acts.
as the institutional triangle. hey are the most sig- 2. he EP has budgetary powers by having the right
niicant institutions, so this summary is conined to to make certain alterations and to adopt the inal
them. budget.
• EU treaties assign the Commission a wide range 3. he EP’s consent is needed for the appoint-
of tasks, but these can be narrowed down to four ment of EU and Commission presidents, and to
major roles: approve all commissioners, as well as to dismiss
1. he Commission initiates EU policy by propos- the entire Commission.
ing new legislation to the Council and the EP.
2. he Commission serves as an EU executive arm
by administering and implementing EU policies. Questions and essay topics
3. Jointly, with the ECJ, the Commission acts as the
guardian of EU treaties by enforcing EU law. 1. What functions does the EU president perform?
4. he Commission acts as EU spokesperson and 2. What functions does the EU foreign policy
negotiator of its international agreements, espe- supremo perform?
cially in relation to trade and cooperation. 3. What functions does the Commission president
• he Council consists of representatives of the gov- perform?
ernments of MSs, who are accountable to their 4. he Commission has four major roles to play.
national parliaments and citizens; hence it is the What are these?
embodiment of national interests. It has six major 5. Do you agree that the Council is the ultimate EU
responsibilities: legislative authority?
1. he Council is the main EU legislative body, but 6. What is qualiied majority voting?
in many areas it exercises this prerogative jointly 7. What is the co-decision procedure?
with the EP through the co-decision procedure. 8. Is the EP a purely consultative EU chamber?
2. he Council coordinates the broad economic 9. ‘EU institutions share a vested interest in ever-
policies of MSs. closer union because this enhances their power
3. he Council concludes EU international and prestige.’ Discuss.
agreements. 10. ‘he fact that the Commission has executive, leg-
4. Together with the EP, the Council has authority islative and quasi-judicial powers is incompatible
over the EU general budget. with the classical separation of powers.’ Discuss.
5. On the basis of general guidelines from the 11. ‘[he EP] lacks many characteristics of a normal
European Council, the Council used to take the parliament. A second chamber ought to be added
necessary decisions for framing and implement- which includes representatives of national parlia-
ing the common foreign and security policy ments determined by lot and which shall have no
(CFSP), but this task has now gone to the foreign other power than to block centralizing legislation’
policy supremo (FPS). (Vaubel 2009). Explain and discuss.
6. he Council coordinates MSs activities, as well
as adopting measures in the area of judicial and
home afairs. F UR TH ER R EADIN G
• Originally, the EP was a consultative rather than a Rittberger, B. (2005) Building Europe’s Parliament:
legislative body, but it is now part of the legislative Democratic Representation beyond the Nation-State,
process: Oxford University Press.
1. he EP acts with the Council to formulate and Vaubel, R. (2009), he European Institutions as an Interest
adopt certain legislation emanating from the Group, Institute of International Afairs, London.
EU institutions 55
56
The legal dimension in EU integration 57
4. Speciically in relation to the Single European is nonetheless clearly predicated and committed to the
Market (SEM; see Chapter 7) legislation, MSs have rule of law and fundamental rights.
to report how they have implemented EU legis-
lation, with scoreboards being drawn up by the
Commission. 4.3 The rule of law and the EU
Failure to notify the Commission of national imple- According to TEU Article 2, the EU is founded on the
menting legislation will negate that legislation (CEU rule of law. he rule of law constrains the exercise of all
2009a; Treutlein 2009). public power, but it also legitimates it. By stating at the
Once transposed, the directive is enforced indirectly very start of the Treaty that it is founded on the rule of
through national law by the national enforcement law, the EU is making law pre-eminent over the exercise
agencies and courts (Daintith 1995; Maher 1996a). of power. his means that no one is above the law and
hus the EU is parasitic on national legal orders for the that all public power must be exercised in a manner
enforcement of EU law. Even in the ield of competition consistent with the law. Provided it is exercised in this
law (see Chapter 13), where the Commission has exten- way, it is legitimate. hus it has both a political and a
sive enforcement powers, in 2003 national competition legal dimension, and the challenge for a legal order
agencies were also given the power to enforce the committed to the rule of law is to ensure an appropriate
European competition rules on private market behav- balance between law as a constraint on the exercise of
iour (TFEU, Articles 101 and 102), with the Commission power on the one hand, and, on the other hand, law as
investigating and enforcing issues that afect three or a means of ensuring individual freedom (Tamanaha
more MSs (Council 2003b; CEU 2004l, paragraph 14). 2004, pp. 33–6; Maher 2009, p. 422). One tool with
he EU is unusual in the international legal order in which to achieve this balance is adherence to rules of
that from the outset the MSs had willingly delegated the procedure that aim to ensure that all are treated fairly
interpretation of the law to the ECJ. his autonomy was and no one is privileged before the law. his narrow
to prove critical to the development of the legal order, conception of the rule of law is perhaps best seen in
especially when combined with the preliminary refer- Fuller’s articulation of the eight characteristics of law:
ence procedure whereby national courts refer ques- generality, promulgation, no retroactivity, clarity, no
tions of interpretation and validity of EU law to the ECJ contradictory rules, no impossible prescriptions, sta-
(TFEU, Article 267). It is through its interpretation of bility and consistent application (Fuller 1964, Chapter
the treaties in particular that the ECJ shaped the EU 2). hese characteristics are aimed for, if not always
legal order, developing the doctrines of direct efect achieved, by the rulings of the ECJ, and act as a con-
and the supremacy of EU law so that the EU legal order straint on the way in which law is made and exercised
is seen as constitutionalizing – a process commenced in the EU. For example, it is a fundamental principle of
in the early 1960s and which continues, despite the the EU legal order that a measure adopted by public
collapse of the EU Constitution following the negative authorities is not applicable to those concerned before
referenda in the Netherlands and France (see Chapters they have the opportunity to acquaint themselves with
2 and 25; Grimm 1995; Craig 2001a; Curtin 2006). he it. hus the measure must be promulgated and should
opinion of the ECJ can often prove decisive regard- not apply retroactively – although the ECJ has been
ing the outcome of a case; thus its interpretive and willing to allow retroactive measures in exceptional
dispute resolution roles are combined. he ECJ plays circumstances, but only where the purpose requires
a crucial role in dispute resolution, in particular in it and where the legitimate expectations of individuals
cases involving EU institutions, MSs and private parties are fully respected.2
(although there were severe limitations on private indi- he narrow and procedural conception of the rule of
viduals challenging the validity of legislation, recently law is problematic, however, as it is so thin that a highly
relaxed in the Treaty of Lisbon (TFEU, Article 263(4); legalistic society can formally comply with these rules
Arnull 2006, pp. 76–94)).1 It is an outstanding achieve- and yet fail to realize the values of justice, fairness and
ment of the ECJ that it has fashioned a unique legal equality that are also inherent in the rule of law. hus
order, neither international nor national, but one that this narrow conception can be seen as a necessary but
58 Imelda Maher
not suicient condition for a liberal democracy (and a constitutional tradition be common to MSs is rarely
polity like the EU) (Rose 2004, p. 260). Instead, a ‘thick’ referred to by the ECJ. Even if MSs agree on a particu-
understanding of the rule of law is also needed, but the lar right, there can be diferences as to the scope and
diiculty is that it is not possible to provide an agreed nature of it. For example, the right to life is commonly
deinition of justice, for example, that can be measured recognized, but in Ireland this extends to the unborn
within any particular legal order. his may explain under the constitution, so grounds for abortion are
why TEU, Article 2, not only mentions the rule of law extremely restrictive, unlike in most other MSs.
but also expressly refers to human dignity, freedom, hus there is a long and complex history behind the
democracy, equality and human rights. his suggests status, scope and nature of fundamental rights in the
that the Treaty itself recognizes that the rule of law EU legal order. his explains why there are three bases
needs to be expressly grounded in a wider set of values, to EU rights, recognized in Article 6:
so that even if a narrow conception of it is taken, pro-
cedures within EU law will also have to pay due regard 1. the EU Charter;
to these more diicult to deine but nonetheless vital 2. the European Convention; and
values of freedom, democracy, equality and human 3. the common constitutional traditions of the MSs.
rights: ECJ case law is also signiicant. he complexity of
sources in part relects the absence of any reference to
he Union is founded on the values of respect for human
dignity, freedom, democracy, equality, the rule of law fundamental rights in the treaties until the TEU (Article
and respect for human rights, including the rights of per- F) in 2003, when it was expressly stated that the EU was
sons belonging to minorities. hese values are common founded, inter alia, on respect for human rights and,
to the Member States in a society in which pluralism, non- more recently, the political sensitivity around the legal
discrimination, tolerance, justice, solidarity and equality status of the Charter, which is now a protocol of the
between women and men prevail (TEU, Article 2) Treaty. his is because there is some anxiety as to the
extent to which EU rights can bind national govern-
he commitment to the rule of law is further com-
ments and ‘trump’ national constitutional rights; thus
plemented by explicit commitments to fundamental
Irish sensitivities around family values (including the
rights. hus the EU Charter of Fundamental Rights
constitutional right to life) were seen as one reason for
(see Chapter 2) has the same legal value as the treaties
the rejection of the Lisbon Treaty the irst time round
(TEU, Article 6.1) and the EU is now required to accede
(Quinlan 2009) and there are considerable British con-
to the European Convention on Human Rights (TEU,
cerns around the social rights relating to workers’ col-
Article 6.2), a 1950 Treaty adopted under the aegis of
lective rights (Goldsmith 2001, p. 1214).
the Council of Europe (see Chapter 2), with its own
ECJ case law is also signiicant in supporting the
court, the European Court of Human Rights, which sits
commitment of the EU to the rule of law – both in rela-
in Strasbourg. his is a separate international treaty
tion to process and in terms of a substantive commit-
and legal regime from that of the EU, although all EU
ment to justice:
MSs have ratiied the Convention. Finally, the consti-
tutional traditions common to the MSs also provide a [I]t is to be borne in mind that the [EU] is based on the rule
basis for the recognition of fundamental rights in the of law, inasmuch as neither its Member States nor its insti-
EU. his relects the early case law of the ECJ, where tutions can avoid review of the conformity of their acts with
the principle of supremacy was established. here was the basic constitutional charter, the [EU] Treaty, which
established a complete system of legal remedies and pro-
no reference to fundamental rights in the then trea-
cedures designed to enable the Court of Justice to review
ties, and the advisability of what, in the 1960s, was
the legality of acts of the institutions (Case C-402/05P and
essentially a partial economic union based on law
C-415/05P Kadi and Al Barakaat International Foundation
having priority over the rights-rich constitutions of v. Council [2008] ECR I-6351, paragraph 281)
MSs was challenged. he ECJ responded by identifying
fundamental human rights as inherent in the general First, through its review of decision-making and law-
principles of EU law and inspired by the constitutional making by the EU institutions (TFEU, Article 263) and
traditions common to MSs.3 he requirement that the of the MSs’ compliance with their EU law obligations
The legal dimension in EU integration 59
(TFEU, Articles 258–60), the ECJ has ensured that pro- Chapters 2, 3 and 25; inter alios, Crombez 2003; Majone
cedural rights are protected. Second, it has developed 2008; Moravcsik 2006; Snell 2008), the commitment
through its case law general principles which inform to the legal dimension of the rule of law as protect-
how it interprets the rules (Tridimas 2006; Craig 2006, ing individual freedom and acting as a constraint on
Chapters 15–19). Some of the principles are now articu- power exercised remains unchallenged. he functional
lated in the Treaty – for example, the principles of aspects of an EU based on the rule of law are the focus
proportionality (TFEU, Article 5.3) and equality (TFEU, of the rest of this chapter. Given the importance of the
Articles 2 and 9). Others, such as the principle of legiti- ECJ, we will describe the court and its jurisdiction irst.
mate expectation (closely linked to legal certainty), also
enrich the development of procedural requirements
in the EU and provide a basis on which to challenge 4.4 The European Court of Justice
the validity of speciic rules (Craig 2006, Chapter 10;
Tridimas 2006, Chapter 6). hey also provide a means he Court system consists of three courts: the ECJ, the
by which soft-law measures, such as guidelines, can be General Court and the Civil Service Tribunal. All are
considered by the ECJ in its deliberations, thus bring- based in Luxembourg. Originally, there was only one
ing new governance tools within the purview of judicial court (so the ECJ and Court were used interchange-
review (Stefan 2008). Under Article 6, the fundamental ably), but as the volume of cases grew, the Court of First
rights recognized by the EU are general principles of Instance (as the General Court was known) was set up
the EU, following the practice developed by the ECJ. in 1988, following the Single European Act (Council
Finally, as the sole authoritative interpreter of EU law 1988, Chapter 2). he Treaty of Nice introduced further
(TFEU, Article 19), the ECJ has wielded considerable reform, allowing for the creation of specialist tribu-
power in relation to how the bare bones of the treaties nals (now TFEU, Article 257). So far, the only one set
have developed into the complex and extensive acquis up is the Civil Service Tribunal, which hears labour
communautaire (the entire corpus of EU law) and, disputes between the EU institutions and their indi-
in particular, into a supranational legal order where vidual employees (Council 2004b). Since the Lisbon
EU law is supreme over national law (see Chapter 2) Treaty specialist tribunals no longer require unanim-
and confers rights on individuals that can be invoked ity in the Council to be set up; it is suicient to have a
before national courts. It is these two characteristics of qualiied majority voting (QMV; see Chapter 3 on QMV
supremacy and direct efect – both judge-made law – and Chapter 2 on most of the items mentioned in this
that distinguish the EU from other international legal section). his makes the creation of further specialist
regimes (Hartley 1999, p. 128). his is because the EU tribunals (such as a Patents Court) more likely.
recognizes persons (natural people, as well as legal he working language of the ECJ is French and the
persons such as irms and charities) as subjects of its French judicial model informed its structure. he pro-
law, while only states and international organizations ceedings are conducted mainly on the basis of paper
are subjects of international law. he supremacy of EU submissions, with oral hearings used mainly to clarify
law means that MSs are bound by EU law, and where certain points. he ECJ will hear cases in any of the
there are conlicting national and EU laws, the EU law oicial EU languages. he ECJ consists of no more
prevails and the national courts must disapply the than one judge from each MS and hence has 27 judges
national law (see Section 4.7, page 64). (TEU, Article 19; TFEU, Article 253). No matter how
hus the rule of law is the cornerstone of the EU legal many judges hear a case, only one judgment is ever
order. he diiculty is that apart from a narrow concep- delivered and the deliberations of the judges are con-
tion, based on legal procedures, there is little agree- idential. his has been important in preventing the
ment as to what exactly is the rule of law. Nonetheless, ECJ from becoming politicized along the lines of the
commitment to the rule of law ensures the legitimacy nationality of its judges, as it is not possible to point to
of the EU, of its institutions and of the decisions taken the view of any single judge. his aspect has also been
and the rules made under the powers conferred by the criticized as a constraint on legal reasoning, and as
treaties. hus while there is much debate as to the exist- inhibiting the ECJ from bringing into the open the legal
ence and extent of the democratic deicit in the EU (see debate about the conlicting methods and values that
60 Imelda Maher
inform its judgments (Perju 2009). What the ECJ does of Justice 2009a, p. 94; Chalmers et al. 2010, p. 178).
have is Advocates General (AGs), of whom there are here has been a gradual reduction in this time lag
eight (TEU, Article 19.2; TFEU, Article 253). he AG to since 2005.
a case provides a learned opinion to the ECJ after all he junior partner of the ECJ is the General Court,
submissions, setting out what the law is and how he or which is required to have at least one judge from each
she thinks the case should be decided (Burrows and MS, and hence could have more. At the moment it
Greaves 2007). In efect, the AGs represent the public has 27 judges. It also works on a chamber system, but,
interest. he opinion is not binding on the ECJ, but is unlike the ECJ, it does not have any AGs, with one of the
followed in about 80 per cent of cases. An AG now only judges fulilling that role in a case if it is deemed neces-
sits on about half the cases before the ECJ (European sary. It is also a very busy court, with 555 cases decided
Court of Justice 2009a, p. 11). in 2009 (European Court of Justice 2009a, p. 165).
he ECJ sits in chambers of three or ive judges Duration of proceedings ranges from sixteen months
and, occasionally, as a grand chamber of thirteen for appeals, to twenty months for intellectual property
judges, with the important cases being assigned to cases, thirty-three months for other actions and ifty-
larger chambers (TFEU, Article 251; TFEU, Article 16, two months for staf case appeals (European Court of
Statute of the ECJ Protocol 3). It can sit as a full court, Justice 2009a, p. 173).
but does so very rarely (Arnull 2006, p. 8). hus the ECJ he ECJ is the more senior court in that decisions
is a composite court. he risk for a composite court from the General Court can be appealed to it on a point
is that predictability, consistency and certainty – all of law (not fact), giving it the inal word on the interpre-
important requirements for adherence to the rule of tation and validity of the law. It also hears preliminary
law – could be weakened where there are multiple rulings from national courts and so remains the sole
chambers. hus it is important for the oice of the authoritative interpreter of EU law for all courts across
president of the ECJ (elected for three years from the the 27 MSs. It hears all disputes between MSs and
ranks of the judges; TFEU, Article 253) to ensure that the institutions, as well as between the institutions,
information about decisions in diferent chambers is and ofers opinions on the legality of international
circulated to all ECJ members. On the other hand, the agreements negotiated by the EU. he General Court
chambers system allows judges to specialize, develop- has more limited jurisdiction, focused mainly on indi-
ing their expertise, and hence ensuring better-quality viduals (TFEU, Article 256). hus it can carry out judi-
judgments. he chamber system is designed to address cial review cases from individuals claiming illegality
the huge workload of the ECJ, which delivered 588 of acts of the institutions (TFEU, Article 263.4), failure
judgments in 2009 (European Court of Justice 2009a, to act by the institutions (TFEU, Article 265(3)) or
p. 81). his system relects the relatively open nature claims for damages for non-contractual liability (TFEU,
of the ECJ – it does not generally ‘vet’ the substance Articles 268 and 340.2). It also hears appeals in staf
of cases in advance to see if it is worth hearing them. cases and from the Oice for Harmonization in the
In other words, the Court does not exercise a docket Internal Market (OHIM) in relation to granting an EU
system of only hearing the cases that it deems impor- trademark.
tant, as in the US Supreme Court (Chalmers et al. 2010, he ECJ has no jurisdiction over the EU’s common
p. 179). Nonetheless, the parties do have to meet the foreign and security policy (TFEU, Articles 24.1 and
strict standing requirements set down in the treaty. 275; see Chapter 3). It has limited powers to review a
his relatively ‘open-door’ ECJ policy, particularly in decision to expel an MS from the EU (TFEU, Article
the early years in relation to references from national 269), and in the ield of judicial cooperation in criminal
courts, helps to ensure its position at the centre of the matters and police cooperation, it has no jurisdic-
European court system, and also ensures that national tion over the validity and proportionality of actions
courts also become European courts in so far as they of national police, or over MSs’ actions to maintain
send questions to the ECJ and give efect to European law and order and safeguard internal security (TFEU,
law. he downside of the policy is that there is currently Article 276). Table 4.1 provides a summary of the main
a waiting period of ifteen to seventeen months for a heads of jurisdiction for both courts.
case before the ECJ gives judgment (European Court
The legal dimension in EU integration 61
foundational documents in the form of treaties rather what has been conferred, and the ECJ looking only to
than a constitution adopted by the citizens of the EU, the treaties (see Section 4.9, page 67).
the competences of the Union have grown exponen-
tially since 1958. Legal integration is explained mainly
by the strong integrationist stance adopted by the ECJ 4.6 Rule-making
when interpreting the treaties and by the extraordi-
nary success it has had in creating a unique supra- As well as the overarching framework provided by the
national legal order (Alter 2001; Burley and Mattli TEU and TFEU, there are three main types of laws that
1993). he ECJ adopts a teleological approach in its are legally binding: regulations, directives and deci-
judgments – that is, the law is interpreted in order to sions (see Chapter 3). Regulations are binding in their
achieve the aims and objectives of the treaties, which entirety and are generally and directly applicable; they
were framed mainly in terms of market integration apply without the need for any ‘converting’ national
until the Lisbon Treaty (Scott 1992). he ECJ also law, and in fact MSs are prohibited from taking any
changed its original position from seeing the EU as steps to so convert them.7 hey provide uniform rules
having limited competence to recognizing its ever for all the Union and can be seen as the statutes of the
expanding competence: EU. Directives are binding as to outcome, but leave to
the MSs the means according to which that outcome is
he European Economic Community [now the EU] con-
achieved through national law. Directives thus depend
stitutes a new legal order of international law for the ben-
eit of which the states have limited their sovereign rights on national law for implementation. Finally, decisions
albeit within limited ields.5 are laws issued to speciically named individuals or
groups (TFEU, Article 288; see Section 3.4.1, page 45).
he ECJ had become more expansive a few years For example, the Commission has power to issue deci-
later, in Opinion 1/91: sions ining irms in breach of EU competition rules
In contrast, the EEC Treaty [now the TEU], albeit con- (Regulation 1/2003, Article 7; see Chapter 13).
cluded in the form of an international agreement, none the here was no express provision for secondary leg-
less constitutes the constitutional charter of a Community islation in the treaty. his has now been remedied in
[now Union] based on the rule of law, as the Court of the Lisbon Treaty (TFEU, Article 290), although the
Justice has consistently held, the Community Treaties power to make legislation has long been delegated
established a new legal order for the beneit of which the to the Commission in order for the EU to function.
States have limited their sovereign rights, in ever wider
Such delegated legislation does not go through the full
ields and the subjects of which comprise not only Member
democratic procedures for enactment, instead being
States but also their nationals.6
overseen by a committee procedure where national
his issue of creeping competence was initially interests are represented. his process, known as comi-
addressed through the introduction of the subsidiarity tology, has raised concerns in relation to the impor-
principle in the TEU (Article 5; see Chapter 2). he tance of the powers being delegated, the amount of
requirement that actions only be taken at EU level if delegation that takes place and the dilution of account-
they cannot be suiciently achieved at national level ability (Franchino 2004). he increased role of the
has proved largely unsuccessful, leading to the new European Parliament (EP) in the TFEU (Article 290)
arrangement in the treaty for national parliaments is designed to address these accountability concerns
to review draft EU legislation (TEU, Article 12; TEU, (Hofmann 2009).
Protocols 1 and 2; Estella 2002). hus the Lisbon Treaty Finally, a recent phenomenon in the EU has been
now expressly states that powers not conferred on the emergence of soft law as a form of governance
the EU remain with the MSs (TEU, Articles 4.1 and 5). (Senden 2004). his has arisen especially following
his suggests that it is for the ECJ to decide whether or the Lisbon Strategy, where the open method of coor-
not the EU has competence where there is a dispute. dination (OMC) was identiied as a key governance
However, the question of who or what court decides on tool (Hodson and Maher 2001). Under OMC and its
the competence of the EU is a vexed one, with national many variants, networks play an important role, with
courts looking to their constitutions to see the scope of an emphasis on information gathering and sharing,
The legal dimension in EU integration 63
and evaluation according to agreed benchmarks, MS by the Commission before the ECJ (TFEU, Article
with or without escalation to sanctions and hard law 258), or, exceptionally, by another MS (TFEU, Article
where states fail to meet those benchmarks (Trubek 259). Failure to comply with that judgment can lead to
and Trubek 2007; Armstrong and Kilpatrick 2007). In another action, this time for a ine to be imposed on the
addition to the Lisbon Strategy, soft law can be found MS (Wenneras 2006).9 Under the Lisbon Treaty, where
in other policy areas. For example, the Commission an MS has failed to fulil its obligation to notify the
has long issued guidelines to supplement and sup- Commission of its measures transposing a directive,
port legislation in the competition ield and to set the Commission can recommend a ine at the initial
out Commission thinking (see Chapter 13). he legal hearing, removing the need to go through a two-stage
status of such guidelines is murky. hey are not legally process (TFEU, Article 260).
binding and often expressly say so, but are capable of Why would states fail to comply with legislation they
having practical efects in that they can shape behav- have negotiated and adopted at the EU level? hey
iour. Soft law may also have legal efects – for example, may not have voted in favour of the measure on its
in some cases the Commission may be bound by its adoption. here may be systemic problems where, for
own soft law measures, such as norms it sets down in example, the new EU regime does not it well with the
its Annual Competition Reports, notices and guidelines existing national regime, or the fault lies with regional
(Snyder 1995; Stefan 2008).8 Nonetheless, there can be or local government and central government is unable
accountability concerns, as the EP is not involved in the to secure compliance. here is also the possibility that
development of soft law; and while recommendations non-compliance or compliance only when coerced to
and opinions are expressly mentioned in the treaty as do so may be seen as politically desirable if the policy
having no binding force (Article 288.5), other forms of in the EU measure is not popular domestically (Falkner
soft law, such as guidelines and notices, are not. hus and Treib 2008; Maher 1996a).
soft law bypasses to some degree the framing role of the he ECJ has adopted a number of strategies that have
treaties. At the same time, as a tool of policy learning strengthened its enforcement role:
and coordination, such coordination being required, as
1. he concept of ‘state’ is very broadly interpreted,
in economic policy (see Chapter 14), it has taken on an
and no diferentiation is made between diferent
increasingly important role within the toolkit of norm
organs of the state and diferent levels of govern-
creation in the EU.
ment. Once the body is an emanation of the state,
Legislation is now adopted mainly under the ordi-
it is subject to the responsibilities of the state, even
nary procedure, which was formerly known as co-
if it is constitutionally independent of the govern-
decision, and involves the adoption of legislation
ment.10 While this has cast the net wide, it is also a
jointly by the EP and the Council. he treaty now refers
iction to some extent, especially when the failure
to all other procedures as special procedures, making
to implement a directive gives rise to liability – for
it clear that co-decision, with its better democratic
example, for a regional health body that cannot
credentials given the involvement of the EP, is the most
be deemed responsible for the transposition of
common (TFEU, Article 289; see Chapter 3).
directives.11
2. Provisions, practices or circumstances in their
existing legal system cannot justify failure to
4.7 Implementation and enforcement
implement.12
3. he doctrines of supremacy and direct efect have
he relationship between the EU and its MSs is such
had a profound impact on the constitutionalization
that the states carry primary (though not sole) respon-
of the EU (de Witte 1999) that extends far beyond
sibility for compliance with and enforcement of EU law.
questions of enforcement, but they both have had
hey must comply with regulations that are directly
an important impact on enforcement and the ei-
applicable within their jurisdictions, and imple-
cacy of EU law.
ment directives within the timeframe set out and in
a manner faithful to the measure. Failure to do so hus the ECJ has repeatedly held that EU law is supreme
can lead to an enforcement action brought against an over national law, including constitutional law:
64 Imelda Maher
Recourse to the legal rule or concepts of national law in implemented within the time limit set down in them
order to judge the validity of measure adopted by the insti- can become directly efective and be enforced subject
tutions of the Community [now EU] would have an adverse to one very signiicant limitation: directives only can be
efect on the uniformity and eicacy of Community law. relied on or used against the state (vertical direct efect)
he validity of such measures can only be judged in the
(Prechal 2005). hey do not have horizontal direct
light of Community law. In fact, the law stemming from
efect – that is, a private party cannot rely on a direc-
the Treaty, an independent source of law, cannot because
tive against another private party, even after the time
of its very nature be overridden by rules of national law,
however framed, without being deprived of its character limit for implementation has passed.16 his is because
as Community law and without the legal basis of the it is not the duty of a private party to implement an EU
Community itself being called into question. herefore directive. his limitation has been severely criticized,
the validity of a Community measure or its efect within but the ECJ has retained it as a means of preserving the
a Member State cannot be afected by allegations that it distinction between regulations and directives (Curtin
runs counter to either fundamental rights as formulated by 1990a; Coppel 1994; Tridimas 1994).
the constitution of that State or the principles of a national Nonetheless, the potential scope for enforcement
constitutional structure (Case 11/70 Internationale of EU laws in national courts where states have failed
Handelsgesellschaft mbH v. Einfuhr-und Vorratsstelle für
to carry out their obligations has been expanded in a
Getreide und Futtermittel13)
number of ways:
his means that MSs cannot avoid their obligations
under EU law by passing subsequent national law 1. As noted above, directives can have direct efect
that negates EU law.14 Where national law contradicts against any organ of the state (Curtin 1990b).17
and conlicts with EU law and both laws are before a 2. National courts are obliged to interpret all national
national court, the national court is required by this law, irrespective of when enacted, as far as possible
doctrine to disapply the conlicting national law. EU in a manner consistent with EU law.18 Known as the
law cannot and does not declare national law void. he doctrine of indirect direct efect, this is a far-reaching
supremacy doctrine simply prevents national law from obligation as it applies to all national law and goes a
being applied where it would conlict with EU law. long way in overcoming the limitations on horizontal
While the doctrine of direct efect has important con- direct efect for directives (Betlem 2002; Drake 2005).
stitutional implications, it also has a more mundane here are some limitations on this – for example, the
but nonetheless important impact on the enforcement time limit for transposition of a directive must have
of EU law and the obligations of the MSs. hus while expired before the national court is required to inter-
we know from the treaty that regulations are directly pret in light of it,19 and the application of the doctrine
applicable in the states without the need for any imple- must not breach the requirements of the rule of law,
menting legislation at the national level, under the such as legal certainty.20
doctrine of direct efect developed by the ECJ measures 3. Incidental direct efect can also arise in relation to
that are clear and precise, unconditional and require litigation between private parties where a party is
no implementing legislation can be relied on by private allowed to rely on a directive as a shield to a claim
persons before their national courts, even if they are based on national law or even as the basis for an
not contained in a regulation (Pescatore 1983).15 he action. here is no clearly articulated rule to be
ECJ has gone on to interpret each of these require- applied for this small number of cases mainly con-
ments in a fairly broad manner, leaving it with some cerned with the failure of an MS to notify new tech-
discretion as to the scope of the doctrine (Craig and de nical standards as required by a directive designed
Búrca 2008, p. 275). Individuals afected by the failure to prevent non-tarif barriers on trade (NTBs; see
of an MS government to give efect to an EU law can Chapter 1) being hidden at national level (now
rely on it before their own courts, and the national Directive 98/34). As a result of failure to notify a
courts will have to give efect to it (as it is supreme over measure, parties have been able to invoke the direc-
national law) and disapply any conlicting national tive without imposing an obligation on a private
law (Craig 1992). he implications of this are consider- party. How far this case law may extend is not clear.
able, and even more so because directives that are not What is signiicant, however, is that there is scope
The legal dimension in EU integration 65
for directives to be invoked in private litigation he principle underlying this treaty provision and ECJ
(Weatherill 2001). case law is eicacy: the ECJ is intent on ensuring that
4. Also signiicantly, the ECJ has held that where MSs EU law is rendered efective and that the national
have failed to meet their obligations under EU law courts have an important role to play in realizing that
they can be liable for damages against the afected principle.
private parties: his TEU provision may be signiicant where a pri-
vate party has sufered damage as a result of another
Community [now EU] law confers a right to reparation
private party’s failure to comply with EU law. his has
where three conditions are met: the rule of law infringed
arisen in the context of competition law, where the
must be intended to confer rights on individuals; the
breach must be suiciently serious; and there must be a ECJ has held that it should be possible to sue for dam-
direct causal link between the breach of the obligation ages for losses caused by contract or conduct liable to
resting on the State and the damage sustained by the restrict or distort competition (contrary to the TFEU,
injured parties (C-46/93, C-48/93 Brasserie du Pêcheur SA Articles 101 and 102). he competition provisions of
v. Germany and R. v. Secretary of State for Transport, ex the TEU are the only ones that are expressly addressed
parte Factortame Ltd. and Others, paragraph 5121) to private conduct and hence are something of an
anomaly. hus while there is a strong eicacy argument
What is important to note is that liability for dam-
for requiring damages actions between private parties
ages is not a irst but a last resort and is aimed at the
for breach of the competition rules, it is not clear how
seriously recalcitrant state. his is what the ECJ means
much further this right can extend (Craig and de Búrca
by a suiciently serious breach of EU law. here must
2008, p. 334; cf. Drake 2006), though arguably the new
be little discretion open to the MS (Chalmers et al.
Article 19 in the TEU may be relied on by private parties
2010, p. 307). he state, as we saw earlier, is not dis-
in national courts when seeking a remedy, and even to
aggregated by the ECJ; therefore, controversially, the
bring an action against the state itself for damages for
exposure to liability for damages extends to actions of
failing to provide a remedy.
national courts.22 he same test is applied, but with one
additional requirement. Because of the need for cases
to be inalized (the principle of res judicata) and the
importance of judicial independence and authority,
4.8 Interpretation and dispute
liability is only triggered in the exceptional case where a
resolution
national court has manifestly infringed EU law, includ-
he ECJ has been part of the institutional framework
ing ECJ case law (Beutler 2009). Liability is limited to
of the EU from the outset. Treaties are incomplete
courts adjudicating at last instance – that is, there is no
contracts between states: as legal documents, it is not
prospect of an appeal for their decision.
possible to record every eventuality and some text is
he TEU also requires MSs to provide remedies suf-
ambiguous to relect the need to establish consensus;
icient to ensure efective legal protection in the ields
as foundational documents, the treaties are by deini-
covered by EU law (TEU, Article 19.1). hus MSs must
tion not designed to be exhaustive. hus an authorita-
not only ensure that they comply with EU law, but
tive interpreter of the treaties is required, hence the
where there are transgressions and matters are brought
establishment of the ECJ (Alter 1998a). In the early days
before national courts, they must ensure that there
the ECJ had little work (Arnull 2006, p. 5); Arnull refers
are appropriate remedies provided for breach of EU
to the apocryphal story of champagne being opened
law. his is supported by two well-established ECJ
when the irst preliminary reference arrived (p. 26).
principles:
his has all changed with a busy court – some would
1. Any remedies for breach of EU law must be equiva- argue too busy (Chalmers, et al. 2010, p. 178; Tridimas
lent to what would be ofered for breach of national and Gari 2010). he ECJ resolves disputes between
law (the principle of equivalence). the MSs and the institutions. Enforcement actions are
2. he right to a remedy for breach of EU law must not brought against the MSs (TFEU, Articles 258–60). On
be impossible to achieve in practice (the principle the other hand, judicial review actions are brought by
of practical possibility).23 the MSs and the institutions, challenging the legality
66 Imelda Maher
of legislative acts and acts of bodies, oices and agen- that a rule of the type referred to by the national court
cies of the EU that have legal efects (TFEU, Article is inconsistent with EU law – leaving it to the national
263). Individuals can also bring actions, but historically court to disapply the law.25 Sometimes ECJ judgments
their standing was severely limited. his issue has been are rather Delphic, making it diicult, if not impossible,
relaxed in the Lisbon Treaty, making actions by indi- for national courts to decide how to proceed. On other
viduals more likely. he extension of the basis on which occasions, ECJ rulings can be so precise as to leave
private individuals can challenge the validity of EU acts little or no discretion to the national court in deciding
is long overdue – in a seminal opinion, A. G. Jacobs the case. For example, in the notorious Sunday trading
stated that the standing rules should be changed, but cases, the ECJ held that Sunday trading laws did have
his view was rejected by the ECJ in the same case24 an efect on inter-state trade, but the efect would be
(Granger 2003). As citizens can invoke directly efective lawful if its objective were to ensure that working and
EU legislation before national courts, it was important non-working hours were so arranged as to accord with
for them to have access to the EU courts also. his the national or regional sociocultural characteristics
relects a maturing of the relationship between the citi- and the law was proportionate.26 No criteria were given
zen, the EU and its courts. to help national courts to apply the test, leading to
Partly as a result of the very restricted access to the chaos in the lower English courts and culminating in
EU courts for individuals, the national courts became another reference, where a clear-cut answer was pro-
the principal route for individuals looking to assert vided by the ECJ that the laws complied with EU law,
their rights under EU law or to challenge the valid- leaving little discretion at the national level (Rawlings
ity of EU law and actions, assisted by the doctrines of 1993; Maher 1996b).27
supremacy and direct efect. Just under half of the cases his procedure has proved to be the lynchpin of
heard by the ECJ (and only the ECJ can hear them) are the EU judicial system (Alter 1998a; Stone Sweet and
preliminary references (TFEU, Article 267; European Brunell 1997). he national courts have embraced the
Court of Justice 2009a, p. 82). his is the procedure procedure suiciently to provide a vital line of com-
whereby national courts can (or if they are courts of last munication between them and the ECJ, such that the
resort, generally must) refer questions on the validity ECJ undoubtedly has the authoritative voice on the
and interpretation of EU law to the ECJ. he procedure validity and interpretation of EU law and the national
is a two-hander between the national court and the courts can be regarded as EU courts (Maher 1994). In
ECJ. A case starts in the national court and, when it fact, the procedure has been so popular that the ECJ
becomes clear that there is an EU law dimension, the has had to constrain the obligation to refer in a number
court may make a reference if a decision on the validity of ways (Craig and de Búrca 2008, p. 448). hus it does
or interpretation of EU law is necessary for the outcome not hear cases where the parties are not in genuine
of the case. If it is a court of last resort – that is, there is dispute.28 EU law must be necessary for the resolution
no further appeal – it must make a reference, subject to of the case, and the case referred must be suiciently
the qualiications described below. he court sends the well set out that the ECJ can divine what the questions
case to the ECJ with its questions. he ECJ then answers are and what the facts are.29 he ECJ has also held that
the questions (having irst established whether they a national court does not have to refer if the matter
have already been addressed in previous case law, in has already been dealt with in an earlier case. And
which case it simply sends the earlier answer), and even if there is no precedent, there is no obligation to
the matter is referred back to the national court for refer if the matter is so clear as to leave no scope for
completion of the proceedings. he ECJ will redraft any reasonable doubt as to how the question is to be
the questions if necessary, answer only some of them, resolved.30 his doctrine can only apply to interpretive
or answer them in the order it deems best, in order to questions: it is not for national courts to declare EU
provide the answer it deems most appropriate to the law invalid. he initial ECJ open-door approach has
case. hus there is an element of uncertainty in making thus been modiied, with steps taken to assist national
the reference, which can take on average seventeen courts, while also managing cases that do not raise
months (European Court of Justice 2009a, p. 94). he signiicant legal issues and can safely be left to national
ECJ never rules on national law. Instead it will hold courts. To facilitate national courts in preparing a case
The legal dimension in EU integration 67
for reference, the ECJ has published a notice that sum- supremacy of EU law on its vision of the EU as a new
marizes its case law (European Court of Justice 2009a). legal order, where MSs had voluntarily given up their
he partnership between the ECJ and national courts sovereign powers to the Union (or Community as it
is now demarcated by the ECJ, which, on the one hand, then was), and supported it with a strong pragmatic
restricts the scope for references from national courts, argument: that for the eicacy of EU law it had to
while on the other, trusts them to give efect to EU law. apply consistently across all MSs and thus could not
his procedure is the key to the constitutionalization become a patchwork depending on variations intro-
of EU law. As a result of hearing such references, the duced in national law. ECJ vision was strong, but it is
ECJ developed the doctrines of supremacy and direct fair to say that its jurisprudential reasoning was weak:
efect and its fundamental rights jurisprudence. he there was little in the then treaties to support this
procedure is the basis for a form of dialogue between view. Nonetheless the doctrine is now well established.
the ECJ and the higher national courts in particular. It However, its acceptance at national level was based
is through this procedure that the key constitutional not on EU law, but on national constitutional traditions
questions of the relationship between the EU legal (de Witte 1999). National constitutional courts derive
order, national law and (what are now) EU citizens have their power and authority from their constitutions. his
arisen. hrough this seemingly technical and innocu- vantage point provides a stronger and democratically
ous procedure, the ECJ revolutionized EU law, creat- more secure basis for recognizing the supremacy of EU
ing a new legal order and giving national courts new law. here is a conluence between the EU and national
powers to review national laws in the light of EU law constitutional traditions in the doctrine of supremacy,
and to disapply them. In doing so, the ECJ challenged but from diferent, yet equally valid, legal perspectives
the constitutional frameworks of MSs while simultane- (MacCormick 1999). Furthermore, the national consti-
ously making national courts European courts and key tutional courts, and most notably the German consti-
participants in the development of the EU legal order. tutional court, have consistently noted that while they
accept the supremacy doctrine, this is not without res-
ervation: that the supremacy doctrine can only apply as
4.9 Conclusion: the nature of EU law long as fundamental rights are adequately protected in
the EU.31 hus through its widely discussed judgments,
he ECJ has been central to the development of EU law. the German court in particular, and other constitu-
It deals with many technical debates and discussions, tional courts also,32 have put down a benchmark that
hearing appeals on matters such as competition law, the EU as a creature of the MSs has its legal bounda-
employment rights, social security entitlements and ries ultimately determined by those national constitu-
taxation. In addition to the bread-and-butter matters tions (Hofmann 2009; Halberstam and Möllers 2009).
of a court, at the heart of a market integration project hese considerations of the boundaries of the consti-
dealing with trade rules relating to goods and services, tutionalizing process of the EU are irst-order ques-
it also brought the EU on a constitutionalizing journey. tions that arise infrequently in ECJ case law. hey do,
he development of the twin doctrines of suprem- however, afect the grand moments of Union develop-
acy and direct efect at the very early stages of the ment, shaping how we understand the EU. What direc-
Union (both in the early 1960s) has embedded them in tion this constitutionalizing process will take after the
the legal order at a time when the market integration Treaty of Lisbon is not clear, but undoubtedly the ECJ
project was struggling, such that as the competences of will remain a powerful integrating force in the Union.
the Union grew, the penetration of the Union into the
national legal orders increased to a greater degree than
perhaps was ever envisaged by the original framers. Summary
At the same time, the dual nature of the legal order
places quite profound limits on this constitutionalizing • EU law is based on the rule of law, which means:
process. he basis on which the doctrine of supremacy • No one is above the law.
has been accepted by national constitutional courts • EU law aims to meet procedural norms to
difers from that of the ECJ. he ECJ predicated the ensure fairness and consistency.
68 Imelda Maher
• EU law is based on principles of justice and • While national courts generally accept the doctrines
fundamental rights. EU fundamental rights of direct efect and supremacy, they do so mainly by
are based on the EU Charter of Fundamental reference to their own constitutions. National con-
Rights, the European Convention on Human stitutional courts, in particular the German court,
Rights, the constitutional traditions common also place limits on the EU legal order, suggesting
to the MSs and ECJ case law. that national constitutions determine its bounda-
• he ECJ is central to how EU law develops, as its sole ries. he ECJ, on the other hand, seeks to determine
authoritative interpreter. Its doctrines of supremacy those boundaries. his matter remains unresolved.
(EU law takes primacy over conlicting national
laws) and direct efect (private parties may rely on
EU law before national courts in certain circum- Questions and essay topics
stances) made the EU a new legal order.
• EU law has four main functions: 1. What does it mean to say that the EU is based on the
• Framing – the treaties set out EU competence rule of law?
and what the institutions can do. 2. What are the main functions of EU law?
• Rule-making – the treaties specify how law is 3. How does EU law seek to ensure that MSs meet their
made. New governance methods have become obligations under EU law?
signiicant in the last decade. 4. On what bases are fundamental rights recognized
• Implementation and enforcement – MSs have in EU law?
primary responsibility for implementing EU 5. What constraints are there on EU competences?
law. To ensure EU law eicacy, the ECJ devel- 6. What are the main kinds of law that the EU can
oped the doctrines of supremacy and direct enact and how do they difer?
efect. MSs may also be liable for damages if 7. How has the ECJ strengthened its enforcement
they breach their obligations. he new treaty role?
requires the states to provide adequate rem- 8. ‘he doctrines of supremacy and direct efect are
edies for breach of EU law – subject to the fundamental to understanding the nature of EU
long-standing principles of equivalence (the law.’ Discuss.
remedy must be equivalent to one ofered for 9. ‘National courts are EU courts.’ Discuss.
the breach of a national law) and practical
possibility (it must be possible to avail of the
F URT H ER R EADIN G
remedy).
• Interpretation and dispute resolution – the Alter, K. (2001) Establishing the Supremacy of European
new treaty loosens the previously very strict Law: he Making of an International Rule of Law in
rules on standing for private individuals before Europe, Oxford University Press.
the ECJ. Because individuals had such limited Chalmers D., Davies G. and Monti, G. (2010) European
Union Law, 2nd edn, Cambridge University Press.
access to the court, national courts became the
Craig, P. and de Búrca, G. (eds.) (2011) he Evolution of EU
main means through which they could assert
Law, 2nd edn, Oxford University Press.
their EU rights. hus the preliminary refer-
ence procedure, whereby national courts can
refer questions of validity and interpretation NO TES
of EU law to the ECJ, became a key mechanism
1 C-50/00 P Unión de Pequeños Agricultores v. Council
in EU constitutionalization. Over half of the
[2002] ECR I-6677, Opinion of Advocate General
workload of the ECJ is preliminary references. Jacobs.
It developed its human rights jurisprudence, 2 Case 98/78 Firma A. Racke v. Hauptzollamt Mainz
the doctrines of direct efect and supremacy [1979] ECR 69.
through preliminary reference cases. National 3 Case 11/70 Internationale Handelsgesellschaft v.
courts embraced their role under EU law, Einfuhr- und vorratstelle für Getreide und Futtermittel
working in partnership with the ECJ. [1970] ECR 1125.
The legal dimension in EU integration 69
4 See e.g. C-94/03 Commission v. Council [2006] ECR I-1. 22 Case C-224/01 Köbler v. Austria [2003] ECR I-10239;
5 Case 26/62 Van Gend en Loos v. Nederlandse C-173/03 Traghetti del Mesiterraneo SpA v. Italy [2006]
Administratie der Belastingen [1963] ECR 1, paragraph ECR I-5177.
3. 23 Case 33/76 Rewe-Zentralinanz eG and Rewe-Zentral
6 [1991] ECR I-6079, paragraph 21. AG v. Landwirtschaftskammer für das Saarland [1976]
7 Case 39/72 Commission v. Italy [1973] ECR 101, para- ECR 1989; case 45/76 Comet [1976] ECR 2043.
graph 17. 24 Case C-50/00 P Unión de Pequeños Agricultores v.
8 For example see C-51/92 Hercules Chemicals v. Com- Council [2002] ECR I-6677.
mission [1999] ECR I-4235, compare with C-189/02P, 25 Case 6/64 Costa v. ENEL [1964] ECR 585.
C-202/02P, C-208/02P. C-213/02P Dansk Rørindustri 26 Case 145/88 Torfaen BC v. B&Q plc [1989] ECR 3851.
A/S and others v. Commission [2005] ECR I-5425. 27 Case C-169/91 Council of the City of Stoke on Trent and
9 See e.g. the irst case where a ine was imposed, case Norwich City Council v. B&Q plc [1992] ECR I-6635.
C-387/97 Commission v. Greece [2000] ECR I-5047. 28 Case 104/79 Foglia v. Novello [1980] ECR 745.
10 Case 77/69 Commission v. Belgium [1970] ECR 237. 29 See e.g. cases C-343/90 Dias v. Director da Alfandega
11 Case 152/84 Marshall v. Southampton and SW do Porto [1992] ECR I-4673; C-318/00 Bacardi-
Hampshire Area Health Authority [1986] ECR 723. Martini SAS and Cellier des Dauphins v. Newcastle
12 E.g. case C-298/97 Commission v. Spain [1998] ECR United Football Club [2003] ECR I-905; C-320-322/90
I-3301, paragraph 14. Telemarsicabruzzo spa v. Circostel, Ministero delle
13 [1970] ECR 1125, paragraph 3. Poste e telecommunicazioni and Ministerio della Difesa
14 Case 106/77 Amministrazione delle Finanze dello Stato [1993] ECR I-393.
v. Simmenthal SpA [1978] ECR 629. 30 Case 283/81 Srl CILFIT and Laniicio di Gavardo SpA v.
15 See note 5. Ministry of Health [1982] ECR 3415.
16 Case C-91/92 Dori v. Recreb Srl [1994] ECR I-3325. 31 Re Wünsche Handelsgesellschaft (Solange II) [1987]
17 Case C-188/89 Foster v. British Gas [1990] ECR I-3313. 3 CMLR 225; Brunner v. he European Union Treaty
18 Case 14/83 Von Colson and Kamann v. Land [1994] 1 CMLR 57; Lisbon Case BVerfG, 2 be/08 from
Nordrhein-Westfalen [1984] ECR 1891; case 106/89 30 June 2009.
Marleasing v. La Comercial [1990] ECR I-4135. 32 E.g. Polish membership of the EU (Accession Treaty)
19 Case C-212/04 Adeneler et al. v. Ellinikos Organismos Polish Constitutional Court judgment K18/04, 11 May
Galaktos (ELOG) [2006] ECR I-6057. 2005.
20 Case 14/83 Von Colson and Kamann v. Land
Nordrhein-Westfalen [1984] ECR 1891, paragraph 26.
21 [1996] ECR I-1029.
The EU economy: bare essentials
5 AL I E L - AGR AA
90 85
85 80
75
80
Years
Years
70
75
65
70
60
65 55
60
65
70
75
80
85
90
95
00
05
08
60
65
70
75
80
85
90
95
00
05
08
19
19
19
19
19
19
19
19
20
20
20
19
19
19
19
19
19
19
19
20
20
20
Canada Norway Canada USA
Germany Iceland
Germany Switzerland
Italy Norway
Italy Greece
Japan Switzerland
Japan Spain Russia Greece
Russia China UK Spain
UK Series14 China
USA Series15
Iceland
Figure 5.2 Male life expectancy at birth, 1960–2008
80,000
70,000
60,000
50,000
US $
EU average
40,000
30,000
20,000
10,000
0
Luxembourg
Sweden
Ireland
Netherlands
Finland
Austria
Belgium
Germany
France
Italy
Spain
Greece
Cyprus
Slovenia
Portugal
Malta
Czech
Slovakia
Estonia
Hungary
Lithuania
Latvia
Poland
Romania
Bulgaria
USA
Japan
Denmark
UK
Figure 5.3 Per capita GNI, 2008
for the EU as a whole, but having one currency run by a over time led to the doctrine of deindustrialization: as
single (European) central bank (ECB) does not guaran- this sector grows in percentage terms, it automatically
tee otherwise, especially when unemployment is not an follows that the other sectors, especially industry, must
ECB remit. he variation within the Eurozone is much decline in relative terms.
wider since it includes Spain, the country with the high-
est rate: three countries are below 4 per cent, one has
4.4 per cent, another four below 7 per cent. It is inter- 5.3 GNI, per capita GNI and growth of
esting that Denmark (3.3 per cent) and the UK (5.6 per GDP
cent) are on the low side, but to attribute this to their
staying out of the euro glosses over the Netherlands’ 2.8 Table 5.5 gives per capita GNI in 2008, using both the
per cent, the lowest for the entire EU. Unemployment Atlas method (applied by the World Bank to smooth
has become such an important EU issue that it has luctuations in prices and exchange rates by utilizing
developed into a policy area of its own: Chapter 22 on a conversion factor that averages the exchange rate for
social policy is devoted almost entirely to it and it is a given year and the two preceding years, adjusted for
also considered in other chapters, especially Chapters diferences in inlation rates) and purchasing power
11 and 12, since EMU impinges on it. All the tables and parity (PPP). he table also provides the ranking of
graphs in Chapter 22 are pertinent, so one can turn to nations in terms of both measures, as well as the basic
them immediately without loss of continuity. industry distribution of GDP. Table 5.6 provides the
One should also note the dominance of the services average annual rate of GDP growth for 1990–2000 and
sector in total employment. Services are mainly part 2000–2008.
of the tertiary sector, comprising such divergent items As noted in Chapter 1, ive EU member states (MSs)
as banking, distribution, insurance, transport, catering are ranked as the 4th to 8th largest GNI economies
and hotels, laundries and hairdressers, professional of the world, and the combined economic weight of
services of a more varied kind, publicly and privately the EU27, in terms of GNI, converted using the Atlas
provided, and so on. For the EU27 it is 35–71 per cent method (see above), exceeds that of NAFTA by about
for men, but for eight of the twelve new members $249 billion (1.46 per cent), but falls short of it by about
(NMSs) joining in 2004 and 2007 it is 52 per cent and $2,384 billion (13.59 per cent), using PPP. However,
lower. he rate is 46–90 per cent for women and 81–90 one of the salient features is the disparity between
per cent if one excludes ten NMSs, the exceptions being EU MSs in terms of per capita GNI: the rank ranges
Cyprus and Malta. his is signiicant, particularly since from 3 (Luxembourg, with $69,390) to 96 (Bulgaria,
it has frequently been alleged that the size of this sector with $5,490), and from 5 (again, Luxembourg, with
was the cause of the slow rate of growth in the UK econ- $52,770) to 91 (again, Bulgaria, with $11,370) for the
omy a few decades ago; the USA, with its high growth respective measures (see Figure 5.3 for how EU MSs
rate, is on a par with the UK in this respect and the other fare relative to EU average per capita GNI). Indeed, the
advanced nations are not much diferent either (see dispersion of income levels among EU MSs is much
next section). Also, the increasing size of this sector wider that between US states (see Figure 19.1, page
The EU economy: bare essentials 73
192). However, for the EU15, the respective ranges are 5.4 Demand
3–50 and 5–56; 3–32 and 5–39 if Greece, Portugal and
Spain are excluded. For the twelve NMSs joining in he structure of demand in 2008 is given in Table 5.8.
2004 and 2007, the ranges are 46–96 and 45–91. Hence, It shows the percentage distribution of GDP between
there is a very wide gap between the two groups, espe- household inal consumption expenditure (private
cially when Greece, Portugal and Spain are left out consumption), general government inal consump-
of the irst group. Of EFTA countries, Norway and tion expenditure (public consumption), gross capital
Liechtenstein outperform Luxembourg on the Atlas formation (investment expenditure), gross domestic
measure; Norway does so on the PPP method too, but savings and the export/import of goods and services.
most likely so does Liechtenstein (data are not avail- Tables 5.9 and 5.10 then provide detailed information
able for the PPP method). Note that one should not on the government, export and import sectors, gross
read too much into Luxembourg’s number 1 ranking international reserves, oicial development assistance
among the EU27, given the dominance of high-ranking (ODA) and gross foreign direct investment (FDI) as
and well-paid EU oicials there. percentages of GDP. Note that data on any of these
Of particular concern is the growth of GDP. As can items are not available for Liechtenstein.
be seen from Table 5.6, of the EU15, only Ireland has With regard to private consumption as a percentage
performed consistently well over the two periods: 7.4 of GDP in the EU in 2008, except for Greece with 71, it is
per cent during 1990–2000 and 5 per cent during 2000– 46–68 for the rest, but data are not available for Cyprus,
2008. For the other fourteen, except for Luxembourg, Luxembourg and Malta. In Denmark, Ireland, the
the rates were 1.5–3.2 per cent during 1990–2000; and Netherlands and Sweden it is 46–49, while in Bulgaria,
except for Finland, Greece and Spain, they were −0.9 Hungary, Lithuania, Poland, Portugal, Romania and the
and 2.8 per cent respectively for the two periods. he UK it is 60–68. Of EU candidates, Norway has a low 39,
twelve NMSs have done well over the second period followed by Switzerland (58) and Croatia (59), with the
(3.6–8.2 per cent), suggesting hope for the EU’s future. rest having 70–97. As to the comparators, except for the
he hope is enhanced by the good performance of the USA matching Greece (71), and China (34, the lowest
potential members: except for EFTA nations minus of all) and Russia (48), the picture is similar to the EU.
Iceland, the rates were 3.2–8.1 per cent during the he 9–27 for EU public consumption is a much
second period. Note that Canada, Japan, Mexico and narrower range compared to that of consumption.
the USA have not fared any better than the EU15: Hungary is the only one below 10, twelve are 16–19
1.1–3.5 and 1.6–2.7 during the two respective periods. and eleven are 20–27; again data are not available for
China and India are in a league of their own. Cyprus, Luxembourg and Malta. EU candidates and
Another major concern is the distribution of income comparators it well in this picture, with Albania and
between the rich and the poor. Table 5.7 gives informa- India matching Hungary’s 9.
tion on the distribution of income and consumption, As to gross capital formation, of all the countries
but note that the survey years vary greatly: 1993 for considered, the lowest percentage belongs to the UK
Japan and 2008 for Mexico and Serbia; and within the (17 per cent), which is closely followed by the USA (18),
EU27, 1995 for France and 2007 for Latvia. he table and Canada and Germany (19 each). China has a high
shows that for all the countries under consideration the 44. Of the remaining 25 EU MSs, nineteen are 20–29
highest 10 per cent received between 21.1 per cent in and six 30–38.
Germany and 43 per cent in Mexico; for the EU27 the Ignoring Slovakia’s −16, the percentage of gross
respective percentages are obviously Germany’s and domestic savings for EU MSs ranges from 5 (Cyprus)
the 29.8 per cent in Portugal. he Gini index ranges from to 28 (Sweden). Of all the nations considered, China
24.7 for Denmark to 55 in Brazil; for the EU27 obviously stands out with 54, followed by Bosnia and Herzegovina
Denmark and the 38.5 for Portugal. Recalling that a Gini and Norway with 42, and Russia with 32. Note that in all
index of 0 represents perfect equality, it is interesting to the twelve NMSs joining the EU since 2004, gross sav-
note that the disparity is widest for Brazil (55), Mexico ings fall short of gross capital formation, with a signii-
(51.6), the Russian Federation (43.7), Macedonia (42.8), cant diference in Bulgaria, Estonia, Latvia, Lithuania
China (41.5), Turkey (41.2), and the USA (40.8). and Slovakia.
74 Ali El-Agraa
6
4
2
% 0f GDP
0
–2
–4
–6
–8
–10
Be ia
Bu m
ia
Re us
en ic
Es k
Fi a
ce
G y
un e
Ire y
nd
ly
th a
he lta
Po s
Po nd
Ro al
ia
ia
Sw n
en
K
nd
an
r
ar
ni
ec
xe ani
i
an
ur
ai
U
bl
Ita
tr
ar
tv
ug
an
ak
en
iu
ga
r
an
ed
la
la
ec Cyp
to
Sp
m
re
us
pu
bo
rla
m
La
lg
lg
nl
ov
u
ov
rt
Fr
er
A
Sl
Sl
H
G
D
Li
et
h
Lu
N
Cz
Exports of goods and services loom large in the case (GSP; see Chapters 11 and 12). hese are speciied as
of Luxembourg (179 per cent). It is followed by Belgium a maximum of 3 per cent of GDP for the former and 60
(92), Malta (88), Slovakia (83) and Hungary (81). Of the per cent of GDP for the latter. hese are presented in
remaining EU MSs, ive are 23–29, two are 30–33, ive Figures 5.4 and 5.5. Of the Eurozone seventeen, in 2008
are 42–47, four are 54–59, one is 60 and ive are 70–79. Ireland (−7.3 per cent), Greece (−7.7), Spain (−4.1),
Of the other nations considered, India is 81 and is fol- France (−3.3) and Malta (−4.5) failed on the budget
lowed by Switzerland (56) and Macedonia (53), with all deicit count, with Italy and Estonia not far behind
the others below 50. (−2.7). Of the remaining EU MSs, Hungary, Latvia,
Imports of goods and services behave in a roughly Lithuania, Poland, Romania and the ‘opt-out’ UK also
similar fashion, the exceptions being Bulgaria, with failed, with the Czech Republic close behind. And of
exports at 60 per cent and imports at 83 per cent, Cyprus EU candidates, Iceland failed too, and terribly so, at
(47 and 59), Lithuania (59 and 71) and the Netherlands, −13.5. Note that the USA would also fail. With regard
where it is the other way round (77 and 69). Of EU can- to public borrowing, the picture is not very diferent: of
didates, except for Norway (48 and 29) and Switzerland the Eurozone seventeen, Italy (106.1 per cent), Greece
(56 and 47), all have imports exceeding exports. Of the (99.2), Belgium (89.9), Hungary (72.9), France (67.5),
comparators, only China (37 and 28), Russia (31 and Portugal (66.3), Germany (66), Malta (63.7) and Austria
22) and the USA (12 and 17) are diferent. (62.5) fail, with the Netherlands not far behind (58.2).
Considering all these items together, the USA is All the rest are ine except for Japan, which stands in a
almost in a league of its own in terms of high private league of its own with 164.
consumption coupled with low gross domestic savings, A frequently cited igure is the percentage of GDP
exports and imports. Japan has high gross domestic spent on ODA extended to developing countries and
savings and capital formation and low export/import multilateral agents, given in Table 5.10, due to the
rates. developing countries’ plea (through UNCTAD) that
Table 5.9 shows the dissimilarity between EU MSs it should be 0.5 per cent (originally 1 per cent) of the
with respect to both their total government expendi- major donor countries’ GDP. As the table shows, of EU
ture and current revenue as percentages of 2008 GDP MSs, Luxembourg (1.22 per cent), Sweden (1.01 per
(see Chapter 19 for details and analysis). In terms of cent), Denmark (0.87 per cent), the Netherlands (0.86
total expenditure, the range is between 26.3 per cent per cent), Ireland (0.6 per cent) and Belgium (0.53)
for Spain and 48.3 per cent for Malta. his is in stark meet the target. But, given that the low percentages for
contrast to China (11.4 per cent), Mexico (15 per cent), Greece and Portugal are understandable and that the
Japan (15.3 per cent), India (16.2 per cent), Canada NMSs have been having special EU assistance through
(17.8 per cent), Switzerland (17.6 per cent) and even Agenda 2000 (see Chapters 2, 21 and 24) and its succes-
the USA (22.7 per cent). sor, except for Italy (0.23 per cent), the EU as a whole
Of particular interest for the EU are the sizes of seems to be doing very well. Yet even Italy leaves Japan
budget deicit and public borrowing, since they are two (0.2 per cent) and the USA (0.18) as the black sheep of
of the ive Maastricht criteria for EMU membership the family.
and a requirement of the Growth and Stability Pact
The EU economy: bare essentials 75
120
100
% of GDP
80
GSP set limit
60
40
20
0
Be tria
Bu um
ia
nm c
Es rk
Fi ia
Fr d
Ge nce
Gr y
Hu ce
Ire ry
nd
ly
er a
Po s
Po nd
m l
Sl nia
Sl kia
ia
Sw in
en
UK
Ro ga
ru
nd
De bli
an
Li tvi
th alt
an
ur
Ita
ar
xe a n
en
a
a
a
ee
ed
la
la
ec Cyp
a
to
ng
Sp
i
s
pu
bo
la
rm
La
lg
lg
nl
Ne M
ov
Au
Lu hu
ov
rt
Re
m
t
h
Cz
8
7
Interest rate (%)
6
5
4
3
2
1
0
ia
Bu m
ec Cy a
Re us
en c
Fi rk
Fr d
G nce
G y
H ece
Ire ry
nd
ly
th a
a
he lta
Po s
Po nd
Sl gal
Sl kia
ia
Sw n
en
S
nd
D bli
an
U
i
Li tvi
ni
an
ai
pa
U
Ita
tr
ar
en
iu
ga
a
pr
ed
la
la
a
ua
Sp
m
re
us
pu
rla
m
La
lg
lg
nl
Ja
ov
ov
un
rt
er
A
Be
et
h
N
Cz
160
140
120
100
HICP
80
60
40
20
0
lg a
Bu ium
ec C aria
p us
m c
Es ark
Fi nia
Fr nd
er ce
G ny
un e
Ire ary
nd
La ly
Lu ith tvia
bo a
et M g
rla ta
Po ds
r d
m al
ov a
ov ia
Sp ia
ed n
en
Cr UK
Tu tia
Ic ey
Sw No nd
er ay
nd
SA
en li
Be stri
H eec
m ni
Sl ani
ur
Po lan
Sw ai
Ita
Ro tug
Sl ak
en
he al
Re r
D ub
G an
rk
itz rw
a
a
la
oa
la
U
h yp
to
xe ua
m
lg
nl
el
u
r
A
N
Cz
Figure 5.7 Harmonized index of consumer prices (HICP), 2009 (2005 = 100)
5.5 Price indices and real interest and EU27 in 2007; the nominal rates after the inancial crisis
exchange rates since 2007 do not make much sense, due to their being
pushed unusually low to deal with the situation. Figure
Table 5.11 provides information on consumer and 5.7 depicts the inlation rates in terms of the EU harmo-
wholesale price indices, and on real interest and nized index of consumer prices (HICP).1
exchange rates. he irst two items are under the con-
trol of the ECB, which has a set inlation target (see
Chapter 12) and hence dictates the nominal interest 5.6 Direction of trade
rate for the Eurozone nations. Of particular interest is
the variation in the price indices – and hence in the real Table 5.12 gives the percentage share in total exports
interest rates, which are noted for their absence – for by a country going to the EU, and Table 5.13 does the
the seventeen, given a one-interest-rate policy for them same for imports, while Figure 5.8 provides a graph for
all. Figure 5.6 shows the long-term interest rates for the both. Hence the two tables together are for EU member
76 Ali El-Agraa
ec Cy ia
p s
e n ic
Es rk
Fi i a
Fr d
er e
G ny
un e
Ire ry
nd
L y
Lu thu ia
m ia
r la a
Po ds
Po and
m l
Sl nia
Sl kia
ia
Sw ain
en
K
27
Ro uga
Re u
l
G anc
H ec
he lt
an
ur
U
D ubl
Ita
ar
Li atv
xe an
en
ga
a
pr
n
a
EU
ed
la
et Ma
a
to
Sp
m
re
us
bo
m
lg
lg
nl
ov
ov
rt
A
N
Cz
Exports Imports
nations about the extent of intra-EU trade. As the notes Mexico and Russia conduct most of their trade with
to the tables clearly indicate, these percentages are the EU.
not strictly comparable, due to the changing number Taking exports and imports together, it follows that
of EU nations; note, for example, the diferences in most EU trade is intra-EU – that is, EU MSs conduct
the two columns for 2000, where the irst relates to the most of their trade between themselves, not with the
EU15 and the second to the EU25. For an analysis of ‘outside world’.
the proper trends, the reader should consult Chapter 9,
and for a full analysis El-Agraa (1989a, 1999).
Table 5.12 and Figure 5.8 show that in 2009 all EU 5.7 Tariff barriers
MSs bar Malta sent more than 50 per cent of their
total exports to each other, but although Malta sent One of the major concerns of the world economy is the
only 42.4, the year 2009 is not typical, since it sent level of protectionism practised by all nations, espe-
49.4 and 49.3 in 2004 and 2007 respectively. Finland, cially by the advanced. Table 5.14 provides the level of
Italy, Sweden and the UK sent 55–58.5 per cent of their tarif barriers for our group of countries; there is one
exports to other EU MSs, twelve sent 61.5–69.3, seven igure for each item for the EU, simply because it has
sent 71.8–79.3, and the Czech Republic, Luxembourg a common commercial policy – that is, all member
and Slovakia sent more than 80 per cent. hus most nations have the same policy, conducted by the
export trade is intra-EU, with the average being 66.6 European Commission (see Chapters 1 and 23).
per cent. his picture is matched by all those EU can- he table clearly shows that for all products the
didates for whom we have data, with Albania and simple mean EU tarif rate is lower than that in Japan
Norway on more than 80 per cent and Iceland on 75.9 and the USA, being almost half of the latter’s. But the
per cent. Of the comparator countries, Mexico sends weighted mean EU tarif rate is higher (1.7 per cent),
a high 90.4 per cent, India 65 per cent, Russia 59.9 per albeit marginally so (1.3 and 1.5 per cent for Japan and
cent and Brazil 49.8 per cent, so they too act likewise. the USA respectively). However, on both the primary
he USA (21.2 per cent) and China (20.5 per cent) and manufactured product categories, both the means
export about a ifth to the EU; not so Japan (14.1 per in the EU are lower, much lower on the simple bound
cent) and Canada (7.5). rates (2.3 as against 4.9, and 2.5 and 1.5 versus 2.3 and
Table 5.13 and Figure 5.8 provide a similar picture 3.1) and on the weighted primary products (0.4 versus
for imports. It shows that in 2009 all EU MSs bought 2.3 and 1.0). In comparison, Canada is almost on a par,
more than 50 per cent of their total imports from each but Switzerland, with zero rates all round, is the most
other, but at 49.2 per cent the Netherlands is not too open and Norway is next, but closer to the EU.
much of an odd one out. Hence most import trade is It is well known, however, that tarifs have been
intra-EU. Italy, Lithuania and the UK are on 52.7–58.8, coming down ever since the General Agreement on
eleven are on 60.3–69.9 and twelve are on 70.8–79.7. Tarifs and Trade (GATT, run by the World Trade
he table also shows that EFTA countries, Brazil, India, Organization, WTO, since 1995) was established in
The EU economy: bare essentials 77
1947, so the real question is the extent of non-tarif bar- comparable measures of inlation in the Eurozone, the
riers (NTBs), but these are diicult to quantify in terms EU, the European Economic Area and for other coun-
of what is on this table (see Chapters 1, 7 and 23). tries, including accession and candidate countries. hey
are calculated according to a harmonized approach
and a single set of deinitions. hey provide the oicial
N OT ES measure of consumer price inlation in the Eurozone for
the purposes of monetary policy in the Eurozone and
1 HICPs are economic indicators constructed to meas-
assessing inlation convergence, as required under the
ure the changes over time in the prices of consumer
Maastricht criteria.
goods and services acquired by households. HICPs give
Part II EU market integration: theory and practice
Part II of this book is devoted to a discussion of the theoretical and practical aspects of
EU market integration. Chapter 6 covers the theory of economic integration, providing
an overall picture of the analysis of the economic implications of the creation of a single
market on both the partner nations and the rest of the world. It is followed by a considera-
tion of these aspects in terms of the EU’s Single European Market (SEM) in Chapter 7, with
Chapter 8 dealing entirely with the question of the free movement of capital, labour and
enterprise within the EU. Chapter 9 then deals with the nature and problems of the meas-
urement of the impact of the formation of the EU on trade, production and factor mobility.
The theoretical aspect of this part of the book is basically concerned with three con-
cepts: trade creation, trade diversion and unilateral tariff reduction. These can be illus-
trated quite simply as follows. In Table II.1 the cost of beef per kg is given in pence for the
UK, France and New Zealand (NZ). With a 50 per cent non-discriminatory tariff rate, the
cheapest source of supply of beef for the UK consumer is the home producer. When the
UK and France form a customs union, the cheapest source of supply becomes France.
Hence the UK saves 10p per kg of beef, making a total saving of £1 million for 10 million
kg (obviously an arbitrarily chosen quantity). This is trade creation: the replacement of
expensive domestic production by cheaper imports from the partner.
In Table II.2 the situation is different for butter as a result of a lower initial non-
discriminatory tariff rate (25 per cent) by the UK. Before the customs union, New Zealand
is the cheapest source of supply for the UK consumer. After the customs union, France
becomes the cheapest source. There is a total loss to the UK of £1 million, since the tariff
revenue is claimed by the government. This is trade diversion: the replacement of cheaper
initial imports from the outside world by expensive imports from the partner.
UK France NZ
UK France NZ
UK France NZ
UK France NZ
In Tables II.3 and II.4 there are two commodities: beef and butter. The cost of beef per
kg is the same as in the previous example, as is the cost of butter per kg. Note that Table
II.3 starts from the same position as Table II.1, and Table II.4 from the same position as
Table II.2. Here the UK does not form a customs union with France; rather, it reduces
its tariff rate by 80 per cent on a non-discriminatory basis – that is, it adopts a policy of
unilateral tariff reduction.
Total cost to the UK government before the customs union = 70p × 10 million kg = £7 million
Total cost to the UK after the customs union = 80p × 10 million kg = £8 million
Total cost to the UK before the tariff reduction = 90p × 10 million kg = £9 million
Now consider Tables II.3 and II.4 in comparison with Tables II.1 and II.2.
Total cost for Tables II.1 and II.2 before the customs union = £9 million + £7 million = £16
million
Total cost to the UK before the tariff reduction = 70p × 10 million kg = £7 million
Total cost to the UK after the tariff reduction = 70p × 10 million kg = £7 million
The combined total cost for Tables II.1 and II.2 after the customs union = £8 million + £8 mil-
lion = £16 million
The combined total cost for Tables II.3 and II.4 after the unilateral tariff reduction = £7 million
+ £7 million = £14 million
This gives a saving of £2 million in comparison with the customs union situation.
Hence a non-discriminatory tariff reduction is more economical for the UK than the for-
mation of a customs union with France. Therefore, unilateral tariff reduction is superior
to customs union formation.
This dangerously simple analysis (since a number of simplistic assumptions are
implicit in the analysis and all the data are chosen to prove the point) has been the inspi-
ration for a massive literature on customs union theory. Admittedly, some of the con-
tributions are misguided in that they concentrate on a non-problem due to definitional
misspecification, as explained in the following chapter.
Chapter 6 tackles the basic concepts of trade creation, trade diversion and unilateral
tariff reduction, considers the implications of domestic distortions and scale economies
for the basic analysis, and discusses the terms of trade effects. Chapter 7 discusses the
measurement of the theoretical concepts discussed in Chapter 6.
The theory of economic integration
6 AL I E L - AGR AA
83
84 Ali El-Agraa
consumption from Oq3 to Oq4 leads to new imports cost of a. In addition, the new imports due to TC (q1q2
of q3q4, which cost q3HGq4 to import from P. hese + q3q4) now cost less, leading to a further gain of KJIL
give a welfare satisfaction to the consumer equal to plus MHGN. Cooper and Massell then conclude that
q3FGq4. here is therefore an increase in satisfaction of a policy of unilateral tarif reduction (UTR) is superior
f. However, the initial imports of q2q3 cost the country to customs union formation. his criticism was chal-
a, but these imports now come from P, costing a + b. lenged by Wonnacott and Wonnacott (1981), but their
herefore these imports lead to a loss in government position was questioned by El-Agraa and Jones (2000a,
revenue of b (c being a retransfer). It follows that the b), although El-Agraa (2002a) demonstrates that it can
triangle gains (e + f) have to be compared with the loss be validated when WTO’s Article XXIV rules are incor-
of tarif revenue (b) before a deinite conclusion can porated into the analysis; I shall return to these consid-
be made regarding whether or not the net efect of CU erations in Section 6.2.7, since a diferent theoretical
formation has been one of gain or loss. model is needed for these analyses.
It should be apparent that q2q3 represents, in terms
of our deinition, TD, and q1q2 + q3q4 represents TC,
6.2.3 Further contributions
or, alternatively, that areas e + f are TC (beneits),
while area b is TD (loss). (he reader should note that Immediately following the Cooper–Massell criticism
I am using Johnson’s (1974) deinition so as to avoid came two independent but somewhat similar contribu-
the unnecessary literature relating to a trade-diverting tions to the theory of CUs. he irst development was by
welfare-improving CU promoted by Gehrels (1956–7), Cooper and Massell (1965b) themselves, the essence
Lipsey (1960) and Bhagwati (1971).) It is obvious, then, of which is that two countries acting together can do
that TC is economically desirable, while TD is undesir- better than if each acts in isolation. he second was by
able: hence Viner’s conclusion that it is the relative Johnson (1965b), and was a private plus social costs
strength of these two efects that should determine and beneits analysis expressed in political economy
whether or not CU formation is beneicial or harmful. terms. Both contributions utilize a ‘public good’ argu-
he reader should note that if the initial price is that ment, with Cooper and Massell’s expressed in practical
given by the intersection of DH and SH (due to a higher terms and Johnson’s in theoretical terms. However,
tarif rate), the CU would result in pure TC, since the because the Johnson approach is expressed in familiar
tarif rate is prohibitive. If the price is initially OC (due terms, this section is devoted to it, since space limita-
to a lower tarif rate), then CU formation would result tions do not permit a consideration of both. here is,
in pure TD. It should also be apparent that the size of however, another reason for doing so: most of the new
the gains and losses depends on the price elasticities of developments mentioned later can be tackled within
SH, SH+P and DH, and on the divergence between SW and this framework.
SH+P – that is, international cost diferences. Johnson’s method is based on four major assump-
tions:
6.2.2 The Cooper–Massell criticism 1. Governments use tarifs to achieve certain non-
economic (political, etc.) objectives.
Viner’s conclusion was challenged by Cooper and
2. Actions taken by governments are aimed at ofset-
Massell (1965a). hey suggested that the reduction
ting diferences between private and social costs.
in price from OD to OC should be considered in two
hey are, therefore, rational eforts.
stages: irst, by reducing the tarif level indiscrimi-
3. Government policy is a rational response to the
nately – that is, for both W and P – to AC, which gives
demands of the electorate.
the same union price and production, consumption
4. Countries have a preference for industrial produc-
and import changes; second, by introducing the CU
tion.
starting from the new price OC. he efect of these two
steps is that the gains from the TC (e + f) still accrue, In addition to these assumptions, Johnson makes a
while the losses from TD (b) no longer apply, since the distinction between private and public consumption
new efective supply curve facing H is BJGU, which goods, real income (utility enjoyed from both private
ensures that imports continue to come from W at the and public consumption, where consumption is the
86 Ali El-Agraa
assumptions. Let us assume that industrial production nation basis, then the reduction of a country’s tarif rate
is not one aggregate, but a variety of products in which will increase imports from all the other countries. If the
countries have varying degrees of comparative advan- tarif rate reduction is discriminatory (starting from a
tage, that countries difer in their overall comparative position of non-discrimination), however, then there
advantage in industry as compared with non-industrial are two advantages: irst, a country can ofer its partner
production, that no country has monopoly–monop- an increase in exports of industrial products without
sony power (conditions for optimum tarifs do not exist) any loss of its own industrial production by diverting
and that no export subsidies are allowed (GATT-WTO). imports from third countries (TD); second, when TD
he variety of industrial production allows coun- is exhausted, any increase in partner industrial exports
tries to be both importers and exporters of industrial to this country is exactly equal to the reduction in
products. his, in combination with the preference for industrial production in the same country (TC), thus
industrial production, will motivate each country to eliminating the gain to third countries.
practise some degree of protection. herefore, discriminatory reciprocal tarif reduction
Given the third assumption, a country can gratify costs each partner country less, in terms of the reduc-
its preference for industrial production only by pro- tion in domestic industrial production (if any) incurred
tecting the domestic producers of the commodities per unit increase in partner industrial production, than
it imports (import-competing industries). Hence the does non-discriminatory reciprocal tarif reduction. On
condition for equilibrium remains the same: vv = SH+u. the other hand, preferential tarif reduction imposes
he condition must now be reckoned diferently, how- an additional cost on the tarif-reducing country: the
ever: SH+u is slightly diferent because, irst, the pro- excess of the costs of imports from the partner country
tection of import-competing industries will reduce over their cost in the world market.
exports of both industrial and non-industrial products he implications of this analysis are as follows:
(for balance of payments purposes). Hence, in order to
1. Both TC and TD yield a gain to the CU partners.
increase total industrial production by one unit, it will
2. TD is preferable to TC for the preference-granting
be necessary to increase protected industrial produc-
country, since a sacriice of domestic industrial pro-
tion by more than one unit so as to compensate for the
duction is not required.
induced loss of industrial exports. Second, the protec-
3. Both TC and TD may lead to increased eiciency
tion of import-competing industries reduces industrial
due to economies of scale.
exports by raising their production costs (because of
perfect factor mobility). he stronger this efect, cete- Johnson’s contribution has not been popular because
ris paribus, the higher the marginal excess cost of of the nature of his assumptions. His economic ration-
industrial production. his will be greater the larger ale for CUs, resting on public goods grounds, can only
the industrial sector compared with the non-industrial be established if for political or similar reasons govern-
sector and the larger the protected industrial sector ments are denied the use of direct production subsidies.
relative to the exporting industrial sector. While this may be the case in certain countries at cer-
If the world consists of two countries, one must be a tain periods in their economic evolution, there would
net exporter and the other necessarily a net importer of appear to be no acceptable reason why this should
industrial products, and the balance of payments is set- generally be true. Johnson’s analysis demonstrates that
tled in terms of the non-industrial sector. herefore for CUs and other acts of commercial policy ‘may make
each country the prospective gain from reciprocal tarif economic sense under certain restricted conditions,
reduction must lie in the expansion of exports of indus- but in no way does it establish or seek to establish a
trial products. he reduction of a country’s own tarif general argument for these acts’ (Krauss 1972).
rate is therefore a source of loss, which can be com-
pensated for only by a reduction of the other country’s
6.2.4 General equilibrium analysis
tarif rate (for an alternative, orthodox, explanation, see
El-Agraa 1979b, c). he conclusions of the partial equilibrium analysis can
What if there are more than two countries? If recip- easily be illustrated in general equilibrium terms. To
rocal tarif reductions are arrived at on a most-favoured simplify the analysis we shall assume that H is a ‘small’
88 Ali El-Agraa
D E
D*
ACH
b C* F
a s
ACP
AC H
Customs union price c
B B
A d1 PW
PW A d2
e f
s
AC P
F
DH DH+P
DP DH+P+W
O q1 q2 O q1 q2 q3 q4 q5 q6
Quantity of C
Quantity of C
but the irst best policy would have been one of free
6.2.7 Terms of trade effects
trade, as argued in the previous section. he forma-
tion of the CU will therefore lead to the same efects So far the analysis has been conducted on the assump-
as in the previous section, with the exception that the tion that CU formation has no efect on the terms of
cost-reduction efect (Figure 6.5(a)) will be less by DD* trade (t/t). his implies that the countries concerned
times Oq1. For P, the efects will be as follows: are too insigniicant to have any appreciable inluence
on the international economy. Particularly in the con-
1. as before, a consumption gain of area c;
text of the EU and groupings of a similar size, this is a
2. a cost-reduction efect of area e, due to calculations
very unrealistic assumption.
relating to social rather than private costs;
he analysis of the efects of CU formation on the t/t
3. gains from sales to H of areas d1 and d2, with d1
is not only extremely complicated but is also unsatis-
being an income transfer from H to P, and d2 the
factory, since a convincing model incorporating tar-
diference between domestic social costs in P and
ifs by all three areas of the world is still awaited (see
PW – the world price;
Mundell 1964; Arndt 1968, 1969; and Wonnacott and
4. the social beneits accruing from extra produc-
Wonnacott 1981). To demonstrate this, let us consider
tion made possible by the CU – area f – which is
Arndt’s analysis, which is directly concerned with this
measured by the extra consumption multiplied by
issue, and the Wonnacotts’ analysis, whose main con-
the diference between PW and the domestic social
cern is the Cooper–Massell criticism, but which has
costs.
some bearing on this matter.
However, this analysis does not lead to an economic In Figure 6.6 OH, OP and OW are the respective ofer
rationale for the formation of CUs, since P could have curves of H, P and W. In section (a) of the igure, H
used irst best policy instruments to eliminate the diver- is assumed to be the most eicient producer of com-
gence between private and social cost. his would have modity Y, while in section (b) H and P are assumed
made ACsP the operative cost curve, and, assuming that to be equally eicient. Assuming that the free trade
DH+P+W is the world demand curve, this would have led t/t are given by OTO, H will export q6h1 of Y to W in
to a world price of OF and exports of q3q5 and q5q6 to H exchange for Oq6 imports of commodity X, while P will
and W respectively, with obviously greater beneits than export q1p1 of Y in exchange for Oq1 of commodity X,
those ofered by the CU. Hence the economic rationale with the sum of H and P’s exports being exactly equal
for the CU will have to depend on factors that can to OX3.
explain why irst best instruments could not have been When H imposes an ad valorem tarif (percentage
employed in the irst instance (Jones 1980). In short, tarif), its tarif revenue-distributed curve is assumed
this is not an absolute argument for CU formation. to be displaced to O*H, altering the t/t to OT1. his leads
to a contraction of H’s trade with W and, at the same
The theory of economic integration 91
OW
Section (a) TO
W1
T1
W2
Tt
W3
h1
h2
Commodity Y
h3 OP
p1
OP*
p2
p3
OH
OH*
q 1q 2 q 3 q4 q5 q6 x1x2x3
O
Commodity X
Section (b) TO
OW
W1
T1
W2
Commodity Y
Tt
h1 = p 1 W3
h2 p2
h3 = p 3
OH = OP
O* *
H = OP
O q1q2 q3 q4 x3 x2x1
Commodity X
time, increases P’s trade with W. In section (a) of the appropriateness of the Cooper–Massell alternative of a
igure it is assumed that the net efect of H and P’s (non-discriminatory) UTR.
trade changes (contraction in H’s exports and expan- Note, however, that H’s welfare may still be increased
sion in P’s) will result in a contraction in world trade. in these unfavourable circumstances, provided that the
It should be apparent that, from H’s point of view, the move from h1 to h2 is accompanied by two conditions. It
competition of P in its exports market has reduced the should be apparent that the larger the size of P relative
92 Ali El-Agraa
to H, and the more elastic the two countries’ ofer W, with no trading relationships between them. Hence
curves over the relevant ranges, the more likely it is that it could be argued that such countries are ruled out, by
H will lose as a result of the tarif imposition. Moreover, deinition, from forming a CU. Such an argument would
given the various ofer curves and H’s tarif, H is more be misleading, since this analysis is not concerned with
likely to sustain a loss in welfare the lower its own mar- the static concepts of TC and TD; the concern is entirely
ginal propensity to spend on its export commodity, X. with t/t efects, and a joint trade policy aimed at achiev-
If, in terms of consumption, commodity Y is a ‘Gifen’ ing an advantage in this regard is perfectly within the
good in country H, h2 will be inferior to h1. realm of international economic integration.
In this illustration country H experiences a loss of One could ask about the nature of this conclusion
welfare in case (a), but an increase in case (b), while in a model that depicts the potential CU partners in
country P experiences a welfare improvement in both a diferent light. Here, Wonnacott and Wonnacott’s
cases. Hence it is to H’s advantage to persuade P to (1981) analysis may be useful, even though the aim
adopt restrictive trade practices. For example, let P of their paper was to question the general validity
impose an ad valorem tarif and, in order to simplify the of the Cooper–Massell criticism (see below), when
analysis, assume that in section (b) H and P are identi- the t/t remain unaltered as a result of CU formation.
cal in all respects such that their revenue-redistributed However, this is precisely why it is useful to explain
ofer curves completely coincide. In both sections of the Wonnacotts’ analysis at this juncture: it has some
the igure, the t/t will shift to OTt, with h3, p3 and W2 bearing on the t/t efects and it questions the Cooper–
being the equilibrium trading points. In both cases, P’s Massell criticism.
tarif improves H’s welfare, but P gains only in case (b), he main point of the Wonnacotts’ paper was to
and is better of with unrestricted trade in case (a) in contest the proposition that UTR is superior to the
the presence of tarif imposition by H. formation of a CU; hence the t/t argument was a side
he situation depicted in Figure 6.6 illustrates the issue. hey argued that this proposition does not hold
fundamental problem that the interests, and hence the generally if the following assumptions are rejected:
policies, of H and P may be incompatible. H stands to
1. that the tarif imposed by a partner (P) can be
gain from restrictive trade practices in P, but the latter
ignored;
is better of without restrictions, provided H maintains
2. that W has no tarifs;
its tarif. he dilemma in which H inds itself in trying
3. that transport is costless between members of the
to improve its t/t is brought about by its inadequate
CU (P and H) and W.
control of the market for its export commodity. Its opti-
mum trade policies and their efects are functions not heir approach was not based on t/t efects or econo-
only of the demand elasticity in W, but also of supply mies of scale, and, except for their rejection of these
conditions in P and of the latter’s reaction to a given three assumptions, their argument is set entirely in the
policy in H. H will attempt to inluence policy-making context of the standard two-commodity, three-country
in P. Given the fact that the latter may have consider- framework of CU theory.
able inducement to pursue independent policies, H he basic framework of their analysis is set out in
may encounter formidable diiculties in this respect. Figure 6.7. OH and OP are the free trade ofer curves of
It could attempt to handle this problem in a relatively the potential partners, while OHt and OPt are their initial
loose arrangement, such as international commod- tarif-inclusive ofer curves. O 1W and O 2W are W’s ofer
ity agreements, or in a tightly controlled and more curves, depending on whether the prospective partners
restrictive set-up involving an international cartel. ‘he wish to import commodity X (O 1W) or to export it (O 2W).
diiculty is that neither alternative may provide efec- he inclusion of both OHt and OPt meets the Wonnacotts’
tive control over the maverick who stands to gain from desire to reject assumption (1), while the gap between
independent policies. In that case a [CU] with common O 1W and O 2W may be interpreted as the rejection of
tarif and suicient incentives may work where other (2) and/or (3) (see Wonnacott and Wonnacott 1981,
arrangements do not’ (Arndt 1968, p. 978). pp. 708–9).
Of course, the above analysis relates to potential part- In addition to these ofer curves, I have inserted
ners who have similar economies and who trade with in Figure 6.7 various trade indiference curves for
The theory of economic integration 93
Commodity Y
is indistinguishable from a free-trade policy by both E
D OP
countries and should surely be described solely in the
C OPt
latter terms. B
A
One can extend and generalize this approach
beyond what has been done here (see El-Agraa 1989b
and Berglas 1983). he important point, however, is
what the analysis clearly demonstrates: the assump- O Commodity X X
tion that the t/t should remain constant for members
Figure 6.8 Vindicating the Cooper–Massell when
of a CU, even if both countries are ‘small’, leaves a lot
dominant W has no tarifs/transport costs
to be desired. But it should also be stressed that the
Wonnacotts’ analysis does not take into considera-
tion the tarifs of H and P on trade with W; nor does it t/t), and that E is also superior for H in comparison with
deal with a genuine three-country model, since W is the position it can achieve by UTR (point B). However,
assumed to be very large: W has constant t/t. not only is E inferior to C for P, but also P can reach a
superior position (point D) by simply adopting UTR
Back to the Cooper–Massell criticism policy. Hence the formation of the CU will depend
Before inishing this section, it is important to address on whether H can persuade P to join: H will have to
the question regarding what would happen to the compensate P for the loss of welfare, measured by the
Cooper–Massell criticism when the WTO’s Article XXIV diference between E and D. his compensation cannot
is catered for within the context of the orthodox ofer be met by H since, given standard assumptions, P’s
curve analysis. Such an analysis is fully set out in El- loss at E (vis-à-vis D) exceeds H’s gain at E (vis-à-vis
Agraa (2002a), so here is a brief taste of it. B). Hence UTR dominates CU and both H and P are
he clearest way to demonstrate how the incor- better of adopting UTR. he Cooper–Massell criticism
poration of the requirements of Article XXIV into the is therefore vindicated.
analysis would impact on the Cooper–Massell criticism We have just seen that it is essential for the
is by adapting the very case that the Wonnacotts use Wonnacotts to resort to their assumption of the CU
to illustrate its validity. Here, W is ‘very large’ and has needing a prohibitive CET in order to justify the only
no tarifs or transportation costs, and the potential CU case they have that negates the Cooper–Massell criti-
partners H and P are ‘very small’. Hence, in Figure 6.8, cism. Yet such an assumption is not only puzzling but is
W’s ofer curve (OW) is a straight line: H and P, being also in direct contradiction to the WTO’s Article XXIV,
very small, can trade with W without inluencing in which clearly speciies that the CET must not exceed
any way the prices of commodities X and Y. Before the the (weighted) average of the pre-CU tarifs (see Section
formation of the CU, OHt and OPt are the respective H 1.3, page 2). If WTO rules were to be adhered to, at least
and P tarif-inclusive ofer curves. H trades at A, export- one of the CU partners would continue to trade with W
ing X in exchange for imports of Y, while P trades at C, (and at an expanded rate), since the CET must be lower
exporting Y in exchange for imports of X, the relevant for that country than its pre-CU tarif rate.
distances along OW determining the volume of trade. To put it diferently, the analysis illustrated in Figure
When H and P form a CU with a prohibitive CET – the 6.8 can be true only if the non-discriminatory tarifs
Wonnacotts’ assumption (1981, p. 707) – the respective imposed by H and P prohibit trade between them.
ofer curves for H and P become their tarif-ridden ones his can be so only if W is both ‘large’ and the most
– that is, their free trade ofer curves OH and OP – and eicient producer of the three countries, while H and
the equilibrium trading point becomes E, since W is P are small; otherwise the Wonnacotts’ reference to a
excluded from trade by assumption. country being ‘dominant’ has no theoretical meaning.
he Wonnacotts stress that the move from A to E However, such an interpretation does not dispose of the
represents an improvement for H (they aford it better problem altogether, since the formation of the CU need
The theory of economic integration 95
Y Y
t*
O OW OW
OHt H OH OHt
D OHt * OH
Commodity Y
Commodity Y
OP D OP
E E
OPt C” OPt *
C t* F
F O P OPt
C* C
A* B A B
A
A”
O Commodity X X O Commodity X X
Figure 6.9 Dominant W has no tarifs/transport costs Figure 6.10 Dominant W has no tarifs/transport
– non-discriminatory tarifs by H and P and a CET costs – non-discriminatory tarifs by H and P and a CET
consistent with WTO rules: case I consistent with WTO rules: case II
not result in a CET that is prohibitive of trade between dominates a CU since H cannot bribe P into joining the
H and P and W: as long as the CET is a (weighted) aver- CU and still be better of – see the analysis illustrated
age of the initial tarifs, either H or P must end up with by Figure 6.8), but also AA* (which is a gain for H) and
a lower tarif after the formation of the CU (unless their CC* (which is a loss for P). Since AA* may be equal to,
tarifs were initially equal, but as will be shown below longer or shorter than CC*, it follows that if AA* is either
the inferences are similar), and this may open up trade equal to or shorter than CC*, UTR must dominate a CU.
between the relevant CU partner and W. However, if AA* is longer than CC*, the diference may
Hence Figure 6.8 needs to be adapted to cater for enable H to bribe P into joining the CU and still become
Article XXIV requirements. Assuming that H’s initial better of. herefore, UTR need not dominate a CU.
tarif is higher than P’s, the CET will ensure a reduction his is a signiicant conclusion, given that this case
in H’s tarif; hence H must continue to trade with W is conceded by the Wonnacotts as vindicating the
after the formation of the CU. Moreover, the elimina- Cooper–Massell criticism. Surprisingly, it turns out that
tion of H and P’s mutual tarifs may open up trade a WTO rule-consistent (as opposed to a prohibitive)
between them. Hence, in Figure 6.9, H and P initially speciication of the CET provides a clearer and more
have the same (tarif-inclusive) ofer curves for trade general case supporting a negation of the criticism.
with all countries, but after the formation of the CU However, theoretical completeness necessitates that
have in efect two ofer curves each: one tarif-free for one should consider the alternative situation, where
mutual trade, and another CET-inclusive for trade with the initial H tarif is lower than P’s before dwelling on
W, with OH and OP deined as before. and are H and this conclusion. Hence, in Figure 6.10, after the forma-
P’s respective ofer curves when a CET consistent with tion of the CU, H would be interested in trading with
WTO rules is adopted. Since after the formation of the P only (at E), since trade with W (at A”) would not be
CU W faces a lower H tarif, H and W will trade at A*, desirable: A” indicates a lower level of welfare rela-
and since H and P have no mutual tarifs, H will want tive to A, while E indicates better t/t and a higher level
to trade with P at E: the vector OE (not drawn) indicates of welfare. However, P will want to trade at C”, since
better t/t for H in comparison with vector OOW. Note it gives a higher level of welfare relative to C, but will
that both the movement from A to A* and from A* to E have no interest in trading with H, since OE are worse
indicate welfare improvement for H. t/t relative to OOW. herefore, it should be evident that
Taking these considerations into account, it should since UTR takes P to D (giving a higher level of welfare
be apparent that the Wonnacotts’ analysis of this relative to C”), P would have no interest in the CU.
‘most general’ case does not necessarily vindicate the Whether H can bribe P to join the CU would depend
Cooper–Massell criticism of UTR dominating a CU. on the relative lengths of A”A and CC”: more precisely,
One needs to evaluate not only E and D and E and B on A”A being shorter than CC” by a distance suicient
(an evaluation that leads to the conclusion that UTR to make BE exceed CD. Hence, again, UTR need not
96 Ali El-Agraa
dominate a CU, and therefore the conclusion reached However, the ability of the member nations of FTAs to
here reinforces that arrived at in the previous case. decide their own commercial policies vis-à-vis the out-
Note that in both cases, initially H would have been side world raises certain issues. Balassa (1961) pointed
interested in trading with P rather than W, since trade out that FTAs may result in delection of trade, produc-
with P ofers better t/t (OF relative to OOW in both tion and investment. Delection of trade occurs when
Figures 6.9 and 6.10). However, H’s desires are frus- imports from W (the cheapest source of supply) come
trated simply because P chooses to trade with W at to the higher tarif partner via the member country
better t/t for itself; once P chooses to trade with W, H with the lower tarif rate, assuming that transport and
has no alternative but to follow suit. administrative costs do not outweigh the tarif diferen-
Analytical completeness requires a discussion of the tial. Delection of production and investment occurs in
two alternatives, where the ofer curves for H intersect OW commodities whose production requires a substantial
to the north-east of all the points where P’s ofer curves quantity of raw materials imported from W – the tarif
intersect it. However, it should be obvious that under diferential regarding these materials might distort the
such circumstances the same conclusions would be true comparative advantage in domestic materials,
reached. Hence, UTR need not dominate CU formation. therefore resulting in resource allocations according to
A inal question remains: would the assumption of overall comparative disadvantage.
equal initial H and P tarif rates nullify this generaliza- If delection of trade does occur, then the FTA efec-
tion? he answer is in the negative and can be explained tively becomes a CU with a CET equal to the lowest
in the following way. If they were equal, the CET would tarif rate, which is obviously beneicial for the world
also be equal to them. Hence, OHt and OPt will continue to (see page 84 and Curzon Price 1974). However, most
be the respective H and P ofer curves for trade with W. FTAs have been adopting ‘rules of origin’ so that only
herefore, in Figure 6.8, trade with W would continue at those commodities that originate in a member state are
the initial level: OA trade between H and W and OC trade exempt from tarif imposition (see Shibata 1967 for a dif-
between P and W. It follows that the evaluation of the ferent analysis). If delection of production and invest-
CU formation versus UTR must lead to the same con- ment does take place, we have the case of the so-called
clusion as that reached in the case illustrated by Figure tarif factories; but the necessary conditions for this to
5.8. However, there would be one signiicant diference: occur are extremely limited (see El-Agraa in El-Agraa
in the Wonnacotts’ analysis, the conclusion reached and Jones 1981, Chapter 3 and El-Agraa 1984b, 1989a).
from Figure 6.8 rests entirely on the CET being prohibi-
tive of trade between the CU partners and W, while in
this (generalized) case, trade between the CU partners 6.4 Economic unions
and W would continue on the same basis and to the
same extent as before the CU formation. he implica- he analysis of CUs needs drastic extension when
tion of this result is that the outright vindication of the applied to economic unions. First, the introduction of
Cooper–Massell criticism would depend on assuming free factor mobility may enhance eiciency through a
that the H and P tarifs were equal rather than on the more rational reallocation of resources, but it may also
CET being prohibitive. his implication is consistent not result in depressed areas, therefore creating or aggra-
only with some of the literature on the subject, but also vating regional problems and imbalances (see Mayes
with practical notions: in the real world the formation 1983 and Robson 1985). Second, iscal harmonization
of CUs has never completely eliminated trade with the may also improve eiciency by eliminating non-tarif
non-members, W (see, inter alios, El-Agraa 1999). barriers (NTBs) and distortions and by equalizing their
efective protective rates (see Chapter 15). hird, the
coordination of monetary and iscal policies that is
6.3 Customs unions versus free trade implied by monetary integration may ease unnecessar-
areas ily severe imbalances, hence resulting in the promotion
of the right atmosphere for stability in the economies of
he analysis so far has been conducted on the premise the member nations.
that diferences between CUs and FTAs can be ignored. hese economic union elements must be tackled
The theory of economic integration 97
j
a i h
d c g
MP
k
MH f
b e
O q1 q2 O q1* q 2*
Quantity of capital Quantity of capital
simultaneously with TC and TD, as well as economies throughout the analysis) is Oq2 in H and in P. Assuming
of scale and market distortions. However, such interac- that K is immobile internationally, all K stocks must be
tions are too complicated to consider here; the inter- nationally owned and, ignoring taxation, proit per unit
ested reader should consult El-Agraa 1983a, b, 1984a, of K will be equal to its MP, given conditions of perfect
1989a. his section will be devoted to a brief discussion competition. Hence the total proit in H is equal to b + e
of factor mobility. Since monetary integration is prob- and i + k in P. Total output is, of course, the whole area
ably the most crucial of commitments for a regional below the MP curve but within Oq2 in H and in P – that
bloc and is a main pillar of EU integration for practically is, areas a + b + c + d + e in H and j + i + k in P. herefore,
all member nations, Chapters 10–12 are devoted to it. L’s share is a + c + d in H and j in P.
With regard to factor mobility, it should be appar- Since the MP in P exceeds that in H, the removal
ent that the removal (or harmonization) of all barri- of barriers to K mobility or the harmonization of such
ers to labour (L) and capital (K) will encourage both barriers will induce K to move away from H and into P.
L and K to move. L will move to those areas where it his is because nothing has happened to afect K in W.
can obtain the highest possible reward – that is, net Such movement will continue until the MP of K is the
advantage. his encouragement need not necessarily same in both H and P. his results in q1q2 (= q*1q*2) of K
lead to an increase in actual mobility, since there are moving from H to P. Hence the output of H falls to a +
socio-political factors that normally result in people b + d, while its national product, including the return
remaining near their birthplace – social proximity is of the proit earned on K in P (= g + f), increases by
a dominant consideration, which is why the average (g – c). In P, domestic product rises by (f + g + h), while
person does not move (Chapter 8). If the reward to K is national product (excluding the remittance of proits to
not equalized – that is, diferences in marginal produc- H) increases by area h only. Both H and P experience
tivities (MPs) exist before the formation of an economic a change in the relative share of L and K in national
union – K will move until the MPs are equalized. his product, with K owners being favourably disposed in H
will result in beneits that can be clearly described in and unfavourably disposed in P.
terms of Figure 6.11, which depicts the production Of course, the analysis is too simplistic; apart from
characteristics in H and P. MH and MP are the schedules the fact that K and L are never perfectly immobile at the
that relate the K stocks to their MPs in H and P respec- international level and multinational corporations have
tively, given the quantity of L in each country (assum- their own ways of transferring K (see McManus 1972;
ing two factors of production only). Buckley and Casson 1976; Dunning 1977), the analysis
Prior to the formation of an economic union, does not take into account the fact that K may actually
the K stock (which is assumed to remain constant move to areas with low wages after the formation of
98 Ali El-Agraa
an economic union. Moreover, if K moves predomi- countries concerned were initially very competitive in
nantly in only one direction, one country may become production, but potentially very complementary, and
a depressed area; hence the ‘social’ costs and beneits that a CU would be more likely to be trade-creating
of such an occurrence need to be taken into consid- if the partners conducted most of their foreign trade
eration, particularly if the economic union deems it among themselves (see Lipsey 1960 and Meade 1980).
important that the economies of both H and P should hese conditions are unlikely to be satisied in the
be balanced. herefore, the above gains have to be dis- majority of the developing nations. Moreover, most
counted or supplemented by such costs and beneits. of the efects of integration are initially bound to be
trade-diverting, particularly since most of the least-
developed countries seek to industrialize.
6.5 Macroeconomics of integration On the other hand, it was also realized that an impor-
tant obstacle to the development of industry in these
We have seen that TC and TD are the two concepts countries is the inadequate size of their individual
most widely used in international economic integra- markets (see Brown 1961; Hazlewood 1967, 1975; and
tion. We have also seen that their economic implica- Robson 1980, 1983, 1997). It is therefore necessary
tions for resource reallocation are usually tackled in to increase the market size so as to encourage opti-
terms of particular commodities under conditions of mum plant installations: hence the need for economic
global full employment. However, the economic con- integration. his, however, would result in industries
sequences for the outside world and their repercus- clustering together in the relatively more advanced of
sions on the integrated area are usually left to intuition. these nations – those that have already commenced the
Moreover, their implications for employment are usu- process of industrialization.
ally ruled out by assumption. I have demonstrated elsewhere (El-Agraa 1979a) that
In an efort to cater for these aspects, I have used a there is essentially no theoretical diference between
macroeconomic model (see El-Agraa and Jones 1981, economic integration in the advanced world and in the
Chapters 6–8, and El-Agraa 1989a); the model has been least-developed countries, but that there is a major dif-
reined by Jones (1983) and presented in the light of the ference in terms of the type of economic integration that
Lisbon Treaty provision for withdrawal in El-Agraa and suits the particular circumstances of developing coun-
Jones (2007). However, even the crude model indicates tries and that is politically feasible: the need for an equi-
that the advantages of using a macro model are that it table distribution of the gains from industrialization
clearly demonstrates the once-and-for-all nature of TC and the location of industries is an important issue (see
and TD. It also shows the insigniicance of their overall page 89). his suggests that any type of economic inte-
impact given realistic values of the relevant coeicients: gration that is being contemplated must incorporate
marginal propensities to import, marginal propensities as an essential element a common iscal authority and
to consume, tarif rates, and so on. he model also dem- some coordination of economic policies. But then one
onstrates that TC is beneicial for the partner gaining the could argue equally that some degree of these elements
new output and exports, but is detrimental to the other is necessary in any type of integration (see the Raisman
partner and the outside world, and that TD is beneicial Committee (1961) recommendations for the EAC).
for the partner now exporting the commodity, but is his raises the interesting question of what hap-
detrimental for the other partner and the outside world. pens when economic integration takes place between
advanced and poor nations, such as Mexico in NAFTA
(on this see Section 6.8).
6.6 Economic integration in developing
countries
6.7 Economic integration among
It has been claimed that the body of economic integra- communist countries
tion theory as so far developed has no relevance for
least-developed countries. his is because the theory he only example of economic integration among com-
suggests that there would be more scope for TC if the munist countries was the CMEA. However, there the
The theory of economic integration 99
economic system perpetuated a fundamental lack of equivalent solution is for the neighbouring countries to
interest by domestic producers in becoming integrated tax imports from the rest of the world – that is, to form a
with both consumers and producers in other member trading bloc – as well as to have domestic taxes.
countries. As Marer and Montias (1988) emphasize, the he second is by Venables (2003), who examines the
integration policies of member nations must focus on distribution between the participants of the beneits
the mechanism of state-to-state relations rather than from integration. He inds that the outcome would
on domestic economic policies, which would make depend on their comparative advantage, relative to
CMEA integration more attractive to producers and both each other and the rest of the world: countries
consumers alike – that is, integration must be planned with a comparative advantage between that of their
by the state at the highest possible level and imposed partners and the rest of the world fare better than those
on ministries, trusts and enterprises. It should also be with an extreme comparative advantage. his means
stated that the CMEA operated diferent pricing mech- that economic integration between poor (rich) coun-
anisms for intra- and extra-area trade. Moreover, the tries would lead to a divergence (convergence) in their
attitude of the former USSR was extremely important, incomes. Venables concludes that the results suggest
since the policies of the East European members of that developing countries are likely to be better served
the CMEA were somewhat constrained by the policies by north–south than by south–south agreements.
adopted by the organization’s most powerful member, he third is concerned with the enlargement of exist-
for economic as well as political reasons. CMEA inte- ing schemes and is based on Buchanan’s classic work
gration, therefore, had to be approached within an on the economic theory of clubs (Buchanan 1965).
entirely diferent framework, but this is not the appro- It is elaborated by, inter alios, Alesina and Spolaore
priate place to discuss it, especially since the CMEA (2003) and Gros and Stenherr (2004). Making simpli-
met its demise soon after the collapse of socialism in fying assumptions – for example, that members have
the former USSR and Eastern Europe. a well-deined common interest and are identical – it
can be shown that the optimum number of members
or scheme size would depend on the costs and beneits
6.8 New theoretical developments of belonging.
suicient reasons why existing policies may be non- world welfare, restricted trade impacted negatively
optimal; but it is clearly wrong to attribute gains that on world welfare and economic integration reduced
would have been achieved by appropriate unilateral the restrictions, and hence brought the world closer
action to a policy of regional integration. Equally, to free trade.
although it is appropriate to use the optimal common • Viner challenged this belief by pointing out that
policy as a point of reference, it must be recognized that economic integration can bring economic beneits
this may overstate the gains to be achieved if, as seems to the member countries, but it can also harm them.
highly likely, constraints and ineiciencies in the politi- 1. he source of the beneits is trade creation: the
cal processes by which policies are agreed prove to be replacement of expensive domestic production by
greater among a group of countries than within any cheaper imports from the partner.
individual country. 2. he losses arise from trade diversion: the replace-
Although the irst two conclusions raise doubts ment of cheaper initial imports from the outside
about the case for regional economic integration, in world by expensive imports from the partner.
principle at least, a strong general case for economic 3. Hence the economic viability of a scheme of eco-
integration does exist. In unions where economies of nomic integration would depend on whether or
scale may be in part external to national industries, the not trade creation exceeds trade diversion.
rationale for unions rests essentially on the recogni- • Cooper and Massell, in turn, challenged Viner by
tion of the externalities and market imperfections that arguing that a country can secure the beneits of
extend beyond the boundaries of national states. In trade creation without incurring the losses from
such circumstances, unilateral national action will not trade diversion by simply unilaterally reducing its
be optimal while integrated action ofers the scope for tarifs for all countries without discrimination.
potential gain. • Yet all these efects are the result of static analysis
As with the solution to most problems of exter- based on ‘orthodox’ methodology; using ‘unortho-
nalities and market imperfections, however, customs dox’ methodology greatly improves the chances for
union theory frequently illustrates the proposition that gain. Here we considered Johnson’s ‘preference for
a major stumbling block to obtaining the gains from industrial production’ model to demonstrate this,
joint optimal action lies in agreeing an acceptable dis- but new developments can do likewise.
tribution of such gains. hus the fourth conclusion is • Also, ushering in dynamic analysis improves the
that the achievement of the potential gains from eco- chances for economic gains.
nomic integration will be limited to countries able and • New theoretical developments do not add up to a
willing to cooperate to distribute the gains from inte- coherent body, since they deal with economic inte-
gration so that all partners may beneit compared with gration in an ad hoc fashion, catering for its impact
the results achieved by independent action. It is easy to on diplomacy and the like.
argue from this that regional economic integration may
be more readily achieved than global solutions, but, as
the debate about monetary integration in the EU illus- Questions and essay topics
trates (see Chapters 10 and 11), the chances of obtain-
ing potential mutual gain may well founder in the 1. According to trade theorists, what is the deinition
presence of disparate views about the distribution of of international economic integration (IEI)?
such gains and weak arrangements for redistribution. 2. Why did pre-1950 trade theorists believe that IEI
is economically beneicial, and hence should be
encouraged?
Summary 3. What IEI schemes are technically feasible and how
do real-world ones compare with them?
• Before serious analysis of economic integration was 4. What do GATT-WTO rules say about IEI?
undertaken, economists believed that economic 5. What is trade creation (TC)?
integration was beneicial. his was due to the pre- 6. What is trade diversion (TD)?
vailing wisdom at the time: free trade maximized 7. Use simple data to explain TC and TD.
The theory of economic integration 101
8. What is a policy of unilateral tarif reduction (UTR) 17. ‘Without IEI, developing countries stand no
and how does it compare with TC/TD? chance of improving their economies, let alone
9. Use partial-equilibrium analysis to explain TC, TD catching up with the advanced world.’ Discuss.
and UTR.
10. What is preference for industrial production?
FUR TH ER REA DING
11. What are domestic distortions and how do they
impact on the analysis of the economic efects of El-Agraa, A. M. (ed.) (1997) Economic Integration
IEI? Worldwide, Macmillan and St Martin’s, New York.
12. How does the introduction of transportation costs (1999) Regional Integration: Experience, heory and
and tarifs by non-members impact on the analysis Measurement, Macmillan, London; Barnes and
Noble, New York.
of economic integration?
Frankel, J. A. (1997) Regional Trading Blocs in the World
13. Show how economic integration may impact on
Trading System, Institute for International Economics,
the terms of trade.
Washington D.C.
14. Does the incorporation of GATT’s article XXIV Schif, M. and Winters, L. A. (2003) Regional Integration
alter the Viner and Cooper–Massell conclusions? and Development, Oxford University Press.
15. Show how economic integration may impact on
the terms of trade.
16. ‘he rationale for IEI should not be based on strict
economic criteria.’ Discuss.
The economics of the single market
7 BR IAN AR DY A N D A LI EL - A G RAA
102
The economics of the single market 103
measures ‘on grounds of public morality, public policy a novel approach for the EC – setting out an ambitious
or public security; the protection of health and life of but feasible strategy, including a legislative programme
humans, animals or plants; the protection of national designed to sweep away cross-border restrictions and
treasures possessing artistic, historic or archaeological to restore the momentum of economic integration. he
value; or the protection of industrial and commercial necessary institutional changes were contained in the
property’ (Article 36). his was exploited by some MSs SEA. he features of the strategy and legislation that
to restrict trade. As a result, between 1969 and 1985, the characterize the SEM programme are as follows:
EC managed to adopt only 270 directives (Schreiber
1. Minimum harmonization: New Approach
1991, p. 98). his was too slow to bring about any reduc-
Directives restrict harmonization to essential
tion in technical barriers, since new regulations were
requirements: health, safety, environmental and
being introduced by MS governments at a faster rate.
consumer protection. he general harmonization
Gradually, attitudes towards the single market began
method, originating in too rigid an interpretation
to change. here was concern over the performance
of the treaty, was to be abandoned; in most cases,
of EC economies, slow growth and the falling share of
an ‘approximation’ of the parameters was suicient
world exports of hi-tech goods. Big business began to
to reduce diferences in rates or technical speciica-
see the segmentation of the EC market into national
tions to an acceptable level.
markets as hampering their international competitive-
2. he deadline of 31 December 1992, combined
ness. hey were unable to get the long production
with regular monitoring, was designed to speed
runs to keep costs down and to spread the costs of
progress.
research and development (R&D). he Round Table
3. Qualiied majority voting (QMV; see Chapter 3) is to
of European Industrialists was particularly inluential,
apply to most SEM measures, but not to iscal (tax)
lobbying national governments and the Commission.
provisions, the free movement of persons, or the
he limitations of nationalistic economic policies were
rights of employed persons.
being revealed by generally poor performance and
4. Control of the emergence of new NTBs.
failures, such as President Mitterand’s abortive attempt
5. Mutual recognition, facilitated by the landmark
to expand the French economy from 1981 to 1983. he
judgment by the European Court of Justice (ECJ)
European Monetary System (see Chapter 11) was seen
in the Cassis de Dijon case (see Chapter 2): goods
as a successful example of what could be achieved
which are ‘lawfully’ made and sold in one EU MS
by European cooperation. here was also support for
should in principle be able to move freely and go on
further integration, demonstrated by the European
sale anywhere within the EU, and the same was true
Parliament (EP) majority in favour of the Draft Treaty
of tradable services such as banking or insurance.
of European Union2 in 1984. he awkward partner in
6. European standards are to be developed, but (except
the EC, the UK, was also prepared to cooperate on fur-
where they coincide with legal requirements) their
ther integration for three reasons. First, in 1984 a more
absence should not be allowed to restrict trade. he
permanent solution to the UK’s budgetary problems
detailed technical deinition of these requirements
was agreed (see Chapters 2 and 19). Second, SEM was
should, where possible, be entrusted to European
in tune with the free market orthodoxy of the time, par-
standards institutions.
ticularly with the hatcher government’s philosophy.
hird, the British prime minister, Margaret hatcher, To make the SEM for the EU like a national market
believed that there were large potential gains for the required the removal of three types of barriers: physi-
UK from freer trade in services, especially for inancial cal, iscal and technical.
services in the City of London. Physical barriers were checks at borders for the fol-
he new Commission in 1984, presided over by lowing reasons: (1) the control of the movement of
Jacques Delors, was pushing at an open door when it persons for immigration purposes; (2) customs borders
chose the SEM as the priority for its period in oice. were required due to diferences in indirect taxes; (3)
Lord Cockield, the vice-president of the Delors animal and plant health was protected by inspections
Commission responsible for the SEM, drew up the at borders; and (4) checks on lorries and drivers were
Internal Market White Paper (CEU 1985a) – at the time ostensibly for safety reasons and to enforce national
104 Brian Ardy and Ali El-Agraa
restrictions on foreign hauliers. Considerable expense were particular problems with establishing capital
was incurred in preparing the documentation needed adequacy. Insurance could not be sold in most MSs
and there were delays at borders, further increasing the unless the insurer had a local permanent establish-
cost of inter-EU transport. Fiscal barriers were needed ment. Capital movements were controlled by several
to check the goods crossing borders because difer- MSs, which interfered with free trade in inancial
ences in indirect taxes, VAT, and excise duties on alco- services.
hol, tobacco, and so on, were dealt with by remitting What was remarkable about the SEM programme
these taxes on exports and imposing them on imports was its broad aims and ambitions, and the development
(see Chapter 15). of a clear approach to achieving them. It embraced
Technical barriers cover an enormous range of measures as diverse as animal health controls and
measures that afect trade. he most pervasive of these licensing of banks; public procurement and standards
are technical regulations and standards. Regulations for catalytic converters for car exhausts. It covered not
are legal requirements that products must satisfy just traditionally tradable services, such as banking,
before they can be sold in a particular country; these insurance and transport, but also the new areas of
cover health, safety and environmental requirements. information, marketing and audiovisual services. With
Regulations are also important in relation to services regard to transport, the agenda included the ‘phasing
(see Section 7.4.1, page 107). Standards are not legally out of all quantitative restrictions (quotas) on road
binding in themselves; they are technical requirements haulage’, and further liberalization of road, sea and air
set by private standardization bodies, such as DIN passenger services through the fostering of increased
in Germany, BSI in the UK and AFNOR in France. competition (see Chapter 16). he aim for audiovisual
Although they are only voluntary, they often assume services was to create a single, EC-wide broadcasting
a quasi-legal status because they are used in technical area.
regulations and in calls for tenders in contracts. hey
are also important in marketing the product. he exist-
ence of diferent regulations and standards imposed 7.3 The economics of non-tariff barriers
additional costs on EU producers, who had to make
alterations to their products before they could sell them NTBs are any non-tarif government policy meas-
in other MSs. ure, which intentionally or unintentionally alters the
Another technical barrier related to public pro- amount or direction of trade. hese are government,
curement: private sector purchases by governments. not private measures. hey are artiicial, not natural
Governments frequently discriminated against bids conditions: transport costs, language and cultural fac-
from irms in other MSs for a variety of reasons: strategic tors inluence trade lows, but are not NTBs. Natural
(e.g. weapons); support of employment; and encour- conditions can, however, be exploited as NTBs – for
agement of emerging high-tech industries, to maintain example, by requiring extensive documentation in
employment. However, such policies imposed costs on the home language. Whether intentional or uninten-
both the public authorities (who ended up paying more tional, it is the efect on trade that is important, not the
than they needed to) and on irms (because the market declared purpose of the measure. It is notoriously dif-
available for selling their goods was too limited). One icult to establish intentions. A trade barrier implies a
consequence was too many producers, making it dif- reduction of trade, but the volume of trade or its direc-
icult to achieve an optimum scale in industries such tion could be altered by subsidies, which could lead to
as defence, electricity generation and telecommunica- an excessive amount of trade.
tions equipment. he efects of NTBs are analogous to those of tarifs
Technical barriers were the main impediment to (see Chapter 6). Figure 7.1, adapted from Figure 6.1
trade in services. For a range of services, from plumb- (see page 84), is the basis for a partial equilibrium com-
ing to legal services, the problems related to the rec- parison of tarifs and NTBs. he world supply of this
ognition of qualiications3 and the rights to establish product to the EU, SW, is assumed to be ininitely elastic
businesses. For inancial services, trade was limited at a price D, and this would be the price in the absence
by government regulatory measures. In banking there of restrictions on trade. At this price, EU demand (DEU)
The economics of the single market 105
Protection by country
Belgium 7.0 7.6 19.6 28.2
Denmark 7.1 4.1 18.2 27.0
Germany, West 7.4 6.0 22.3 27.4
Greece 7.0 8.6 25.5 25.8
Spain 6.8 4.8 13.9 22.1
France 7.4 14.3 18.4 26.1
Ireland 7.5 7.5 20.8 27.0
Italy 7.6 14.4 20.9 27.1
Netherlands 7.1 7.6 20.6 28.1
Portugal 7.1 3.4 19.1 20.2
Protection by industry
Food products 9.8 33.6 45.9 30.0
Textiles 11.7 24.5 69.8 38.2
Apparel 12.3 30.4 71.7 35.7
Footwear 13.3 44.5 33.8 41.9
Furniture 6.4 46.2 0.9 46.5
Industrial chemicals 10.2 23.5 9.1 30.1
Iron & steel 9.8 38.0 47.7 34.6
Machinery electric 8.6 28.3 14.3 33.3
Transport 7.9 30.7 25.5 38.8
equipment
Professional & 6.5 23.6 2.7 30.3
Scientiic equipment
Note:
1
Import weighted measure.
Source: Lee and Swagel 1997
further progress is needed (Monti 2010; CEU 2007a). measures to reduce barriers should be accompanied
hese can broadly be divided into three: the tradi- by an expanding market and a lexible market (CEU
tional SEM; extension beyond its traditional bound- 1985a). So the SEM can be seen as both complementary
aries or into new areas; and improving the context to and dependent on the Lisbon process (see Chapter
within which SEM operates. he free movement serv- 14). Politically, if SEM is to operate efectively, there
ices, standards, consumer rights, network industries; should be a consensus on its importance and its con-
reducing tax obstacles; public procurement; improving tinued development.
conditions for small and medium-sized enterprises, Another important issue, which relates to politi-
including simplifying the regulatory environment; cal support, is SEM integrity, the extent to which the
cross-border debt recovery; a statute for a European existing measures apply and are enforced. Most SEM
Private Company; and EU patent are all traditional SEM legislation takes the form of directives, which means
issues. Extensions include the digital single market that national legislation is necessary to introduce the
and green industry. he context is both economic and measure. As a result, two problems occur: irst, failure
political. he 1985 White Paper recognized that the of transposition by national governments to pass the
The economics of the single market 107
Exports % GVA
60
EMU
hese two problems mean that 1.5 per cent of direc- 50
services, audiovisual services, whatever their means of potential gains from greater capital market eiciency
transmission, gambling services, social services in the were being lost. here is still plenty of potential for fur-
area of housing, childcare and support to families and ther integration of inancial markets and this will sub-
persons in need.12 he other signiicant modiication is stantially enhance economic growth (Kyla et al. 2009).
that the principle of regulation by country of origin has he key mechanisms through which inancial inte-
gone, to be replaced by the freedom to provide serv- gration translates into improved economic perform-
ices. he original proposal for mutual recognition was ance can be summarized as follows:
important, since it would potentially have made cross-
• Improvements in the ‘x-eiciency’ of inancial
border services provision much more straightforward,
intermediaries as competitive pressures oblige
because it meant that cross-border services providers
them to adopt new technologies, to pare operating
would only have to satisfy one set of regulations. But
costs and to restructure to more optimal sizes.
under the agreed directive, two sets of regulations are
• Lower cost or more innovative provision, such as
going to have to be satisied. Provided requirements
electronic trading, may lead to increases in retail
of non-discrimination, necessity13 and proportional-
demand for inancial services especially.
ity are met, national authorities may regulate foreign
• Pooling of liquidity that deepens the supply of
services providers. here are some useful requirements
inance, an efect estimated to be capable of lower-
on the authorization regime, such as a single point of
ing the cost of capital.
contact, charges and processing time. he impact of
• he potential beneits from integration of inancial
the directive will only become apparent later, but these
markets are considerable.
modiications are likely to reduce its impact signii-
cantly by increasing the diiculty of establishing new FSAP (CEU 1999j) was designed to raise the eiciency
services provision in another MS. hese diiculties of inancial intermediation in the EU and especially to
are such that some suggest that from a legal viewpoint lower the costs of cross-border inancing. It had four
little has changed: ‘the legal framework of the revised broad aims:
Services Directive remains predominantly the same
1. Completing a single wholesale market.
as under the current legal status quo’ (Badinger and
2. Developing open and secure markets for retail
Maydell 2009, p. 711). his implies that the beneits
inancial services.
of the measure will be limited (de Bruijn et al. 2006;
3. Ensuring the continued stability of EU inancial
Badinger et al. 2008).
markets.
4. Eliminating tax obstacles to inancial market
7.4.2 Financial services integration.
he integration of inancial markets is an essential SEM he irst legislative phase of FSAP is now complete: all
component which not only yields direct beneits, but is the original measures have been adopted and trans-
essential for the SEM as a whole. he Cecchini Report posed (CEU 2010l). he Lamfalussy Directives on secu-
(CEU 1988a) attributed as much as a quarter of the rities markets are all adopted, but ive MSs still need
potential gains for EC GDP from the SEM to the liber- to complete transposition of three directives (CEU
alization of inancial services. he SEM review in the 2010m). But the process continues, with a further thir-
mid-1990s (Monti 1996) was markedly less optimistic, teen directives adopted, only two of which have been
largely because remaining regulatory and other barriers transposed in all MSs.
had inhibited the emergence of genuine pan-EU provi- With the legislative programme still recent, it is early
sion of services. his was especially the case for retail to judge the impact of FSAP. he one study that has
inancial services (Schüler and Heinemann 2002), but been published (Kyla et al. 2009) found evidence that
some barriers also remained in other areas and there FSAP was having an impact in the three areas exam-
was limited cross-border consolidation of the inan- ined (banking, securities and insurance), but it was dif-
cial services industry. his led in 1999 to the Financial icult to evaluate because of the inancial crisis and the
Services Action Plan (FSAP) (CEU 1999j), to restore short time the measures had been in operation.
the impetus towards inancial integration, because the he inancial crisis has fundamentally changed the
The economics of the single market 109
160
Index of relative prices (EU = 100)
120
100
Most expensive NMS
80
60
Cheapest EU15
40
20 Cheapest NMS
0
1985 1990 1995 2000 2005
environment within which inancial market integra- he SEM makes trade easier between MSs, which
tion is occurring. he EU has responded by changing should make it harder to maintain price diferences
inancial legislation in the areas of deposit guarantees, between national markets.14 Arbitrage15 and consumer
capital requirements and credit rating agencies, and cross-border trade should be much easier in the SEM.
further measures are in the pipeline (CEU 2010n). One here was price convergence in the EU15 associated
fundamental change has been the development of a with the SEM from 1989 to 2000, but since 2000 there
new EU supervisory inancial framework, consisting has been some divergence (see Figure 7.3). he new
of a European Systemic Risk Assessment Board and member states (NMS) show signs of price convergence
three new supervisory authorities dealing with banks, both within their group and with the EU15.
insurance/pensions and securities markets (European he problem, of course, is one of causation: is the
Parliament 2010). Regulation will still be by national SEM the cause of price convergence? Price conver-
authorities, but more closely monitored at EU level. gence of tradable goods is the result of arbitrage, but
How efective this framework will prove to be is ques- price convergence of non-tradable goods may be the
tionable, but it does mark a signiicant step towards EU result of the Balassa–Samuelson efect. In poorer coun-
regulation of inancial markets. tries the price of goods, such as housing, and serv-
ices, such as restaurant meals, haircuts, and so on,
is cheaper. his is partly the result of lower demand
7.5 Assessment of the single market relative to supply (causing lower land prices and rents),
but also because lower wages mean lower costs of pro-
he assessment of the SEM has two aspects: (a) the duction. he development of these economies leads
evaluation of the extent to which it has been achieved; to increases in productivity, especially in the tradable
and (b) the measurement of its efects on economic sector, so wages here can rise without afecting com-
performance. hese are the subject of the next two petitiveness. Wages in non-tradable sectors also rise,
subsections. but without the accompanying increase in productiv-
ity, thus prices rise.16 herefore, the process of conver-
gence in income levels will cause a reduction in price
7.5.1 The extent of integration in the
dispersion within the EU; so is price convergence the
single market
result of the SEM or income convergence? Indeed, is
here is a very wide range of potential measures of the some of the income convergence the result of the SEM?
extent of integration in the SEM, but two stand out for In addition, the price convergence process may be very
their generality: price convergence and the extent of long-term (Mathä 2006).
trade. A further indicator that needs examination is he SEM should cause price convergence by increas-
FDI, because, particularly in services, FDI could be a ing the proportion of output that is traded. Figure 7.2
substitute for trade (see Chapter 8). shows intra- and extra-EU15 exports as a percentage of
110 Brian Ardy and Ali El-Agraa
FDI (€ billion)
growth has continued. Extra-EU15 exports increased 400
their share of GVA from 1992, but at a slower rate than 300
is less, as EU15 GDP fell more than world GDP. he Figure 7.4 EU15 foreign direct investment
high level of intra-EU15 merchandise trade is a strong Source: Eurostat (2010e)
indication of the success of the SEM in integrating the
EU’s economy.17 signiicant role in encouraging intra-EU FDI. While
he situation with trade in services is very diferent: there is some tendency for FDI to decline with distance,
both intra- and extra-EU imports have low shares of other factors afecting FDI would tend to encourage
GVA in services and, while there is some growth, trade extra- rather than intra-EU FDI – for example, difer-
remains at a very low level. Given that a signiicant ences in labour costs and market access. Extra-EU15
proportion of services is non-tradable, a lower share FDI has risen continuously, indicating that the SEM is
of GVA traded is to be expected. But the low overall attractive to non-EU multinational companies.
growth and the fact that intra-EU15 trade in services is
growing no faster than extra-EU15 trade is an indica-
7.5.2 The single market and economic
tion that the integration of services markets has not
performance
been achieved. Trade is of course not the only indica-
tor; the efects of integration could occur in the absence he rationale for the SEM is that it reinforces the market
of trade if foreign services providers set up in other opening principle of the common market by focusing
economies, but this does not seem to be happening not just on existing trade lows, but also on subjecting
(see Section 7.4.1, page 107). his is also indicated by hitherto protected sectors to greater cross-border com-
the signiicant diference in services trade between petition. In so doing it establishes a number of channels
countries (Roca Zamora 2009). for improved resource allocation and eiciency gains
hese conclusions relate to the EU15; the NMSs have that, in turn, ofer the promise of improved economic
higher overall levels of trade and growth of trade for performance. he economic gains are both micro- and
both goods and services (Roca Zamora 2009). Here it is macroeconomic. Achieving these beneits will require
diicult to disentangle the impact of the SEM from the some dislocations: unemployment can result from the
impact of enlargement, but they do seem to be more changes needed to achieve overall beneits. he beneits
willing and able to exploit the potential of the SEM. and costs of the SEM are analogous to the beneits of the
he SEM should increase the amount of FDI as com- formation of customs unions discussed in Chapter 6.
panies locate and concentrate production at least-cost
locations in the EU; companies invest in new local pro-
7.5.3 Empirical research on the single
duction for markets that have to be served locally (e.g.
market: Commission studies
retailing); market competition is reconigured by merg-
ers that were previously of-limits. An acceleration of here are three major problems in estimating the
intra- and extra-EU15 FDI can be noted in 1998 (see efects of the SEM. First, the very wide nature of the
Figure 7.4), a time of booming FDI across the world; programme means that its efects are spread across the
but from 1999 onwards intra-EU15 FDI began to exceed whole EU economy. Second, both the implementation
outward FDI signiicantly and a clear gap between the of the SEM and businesses’ response take consider-
two has been maintained. he timing of this devel- able periods of time. One estimate suggests that by
opment indicates that the single currency has had a 2007 less than half of the long-term income gains had
The economics of the single market 111
been achieved (Straathof et al. 2008). For example, the On the tenth anniversary of 1992, the Commission
elimination of barriers will encourage the relocation of was keen to celebrate the achievements of the SEM. It
production to least-cost sites within the EU, but this is a produced new estimates indicating that the SEM had
slow process. hird, these two problems compound the raised EU GDP in 2002 by 1.8 per cent and increased
general diiculty of identifying the counterfactual: what employment by 1.46 per cent, which means that
would have happened in the absence of the SEM (see around 2.5 million extra jobs have been created (CEU
Chapter 9). SEM is not exogenous since some economic 2002q). he latest estimates are provided by Ilkovitz et
integration would have occurred in its absence, but al. (2007), who suggest gains during 1992–2006 of 2.2
how much? hese general beneits of the SEM are cal- per cent of GDP and 1.4 per cent of employment. his
culated as part of the measurement of the efects of EU indicates a signiicant, but far from earth–shattering,
integration analysed in Chapter 9. So only a short sum- impact of the SEM, undermining the Commission’s
mary of the potential size of the efects is included here. explanations for the low estimates in 1996. he idea that
he Cecchini Report (CEU 1988a) is based on the SEM would transform EU economic performance
Commission economic research (Emerson et al. 1988) has proved to be wide of the mark: there is no indication
highlighting the beneits of the SEM in the run-up to in the growth of output or productivity over this period
the 1992 deadline. he study predicted the total poten- that would support this contention (see Chapter 14).
tial gain for the EC12 to be 4–7 per cent of EC GDP It is only with the availability of a longer run of post-
and 2–5 million jobs. It is important to emphasize the 1992 data and the gradual reining of techniques that
speculative nature of this exercise, and the fact that more reliable estimation of the overall efects of the
it was undertaken by a Commission keen to under- SEM has become possible. A good recent example is
score the beneits of the lagship policy. Compared with Straathof et al. (2008), who suggest that internal market
this very optimistic picture, the indings of the second integration, including the customs union, have raised
major exercise conducted by the Commission in the EU GDP by 2–3 per cent, but that the efect difered
mid-1990s have to be regarded as a disappointment. signiicantly between countries, amounting to 4–6 per
Enormous efort was put into this research, which com- cent for the Netherlands, for example.
prised some thirty-eight studies, plus a business survey
(CEU 1996f). he headline igure this time was that the
SEM had raised EU GDP by just over 1 per cent by 1994 7.6 Conclusion
and had increased employment by about half a million.
Why was there such a diference in the assessed In political terms the SEM must be regarded as a suc-
impact? he Commission (CEU 1996f) identiied three cess. Despite some foot-dragging in the implementa-
main problems. First, it was too soon to observe the tion of key measures, the strategic aim of opening up
medium-term efects of the SEM. Some SEM measures goods markets has been consistently advanced and has
were not implemented until 1994–5, but also economic retained wide political support. Although, in a sense,
agents had not yet had time to adjust. Second, the the SEM will never be fully completed, because there
data that could be used were, at best, only up to 1994, will always be barriers that give some advantage to
and thus only allowed a very short assessment period. indigenous producers, there can be little doubt that the
hird, separating out the relatively small and incre- EU has moved a long way. he scope of the SEM has also
mental impact of market integration is diicult. While expanded signiicantly to encompass most production.
the impact of the SEM on economic performance was Economic nationalism and protection remain potent
disappointing, surveys of opinion of company repre- forces, and the development of the SEM continues to
sentatives reported a strong and signiicant impact on be a battle with these forces. he pace of regulation has
output and employment. In particular, the protection slowed and the emphasis has gradually shifted to qual-
the SEM programme provides ‘against the introduction ity of regulation, implementation and enforcement.
of new barriers and the refragmentation of the market’ Although much of the rhetoric surrounding the SEM
was seen as important, thus indicating a role of the has been about liberalization and deregulation, with
SEM in protecting existing gains rather than providing the implication that it is principally concerned with
new ones. negative integration (see Chapter 1), the reality is more
112 Brian Ardy and Ali El-Agraa
complex. In a number of areas the outcome has been the resolution of the UK’s budget problem and a
more a recasting of the regulatory framework than its dynamic new Commission led by Jacques Delors.
dismantling, and the resulting regulatory style is one • he Internal Market Programme was supported by
that relects European values. all MSs, and in 1987, the SEA, the irst major revi-
In economic terms, the outcome of the SEM is much sion of the EEC Treaty, came into force.
less clear-cut: ultimately its objective was to raise the • he SEA deined the internal market as an area with-
performance of the EU’s economy, by raising produc- out barriers, in which the freedom of movement of
tivity growth. To paraphrase Robert Solow, you can see goods, services, capital and person is ensured.
the SEM programme everywhere but in the productivity • he SEA set a deadline of 1992 for the measures
statistics.18 he interesting issue is why this should be and reformed decision-making to make it easier to
so. Various responses are possible: the limited progress agree new laws.
in services, the long-term nature of the project and • his was a very ambitious programme to remove
the diiculties of implementation. An alternative view internal borders, to harmonize taxes and laws relat-
is that the impact of the SEM may have been a transi- ing to product safety, the environmental impact of
tory shock, with little long-term impact on productivity products, and so on.
growth. A balanced view might be that expectations • he original legislative programme was completed
were overblown and limited, but that worthwhile bene- more or less on time, but there have been problems
its have been achieved. It is also important to note that getting the legislation transposed and enforced.
the SEM is merely part of an increasingly globalized • Over time the programme has expanded to addi-
world market, generally subject to liberalization and tional areas, such as network industries (telecom-
deregulation; ultimately these developments may have munications, electricity); the scope of existing
more profound impacts on economic performance. measures has expanded and updating has taken
Indeed, European companies’ search for competitive- place, so it is a continuous process.
ness in this market was at the heart of the SEM, and in • he SEM is largely complete, but there are problem
this sense it has been successful, enabling large com- areas such as services, where it has been diicult to
panies to emerge and be competitive in the globalized implement.
economy. he SEM remains central to the EU and, • he SEM’s economic purpose was to raise the EU’s
despite its apparently limited economic impact, it is a eiciency/productivity by enhancing competition,
powerful attraction for potential members and a model providing a larger market in which economies of
for its many imitators. scale could be achieved, and encouraging R&D.
• here is clear evidence that the SEM has inte-
grated markets, as shown by price convergence and
Summary increasing trade and FDI.
• he assessed impact on economic performance is
• he SEM is central to the development of the EU signiicant, but has not lived up to early expecta-
because it is the basis of economic integration and tions. his may be because there are problems with
has such wide implications for other policies. the operation of the SEM in relation to services, for
• Provision for the SEM was made in the EEC Treaty, example, or that the beneits take a long time so
but although the customs union was completed they are not yet complete.
early, NTBs were not removed. his was a particular • he SEM is an enormous achievement that has
problem because the costs associated with NTBs proved to be a magnet for new members and an
are potentially larger than those associated with example for the rest of the world.
tarifs.
• After 1973, with the oil crisis and its associated
recession, NTBs increased so that the SEM was Questions and essay topics
regressing.
• Attitudes began to change in the early 1980s, with 1. Why has the SEM been so central to EU
the failure of nationalistic economic policies, development?
The economics of the single market 113
he previous version of this chapter was co-authored by Juha Kilponen; no doubt some of his work remains in this version. I am grateful to
Jeremy Clegg for comments.
114
Factor mobility 115
to create jobs and increase investment because its risk own internal factor markets. Ongoing reallocation of
capital markets were underdeveloped, mainly due to the production factors should transfer resources to those
fragmentation of the regulation of the securities market industries and sectors with comparative advantage and
(CEU 1998d). Following the Lamfalussy Report (2001), ability to achieve increasing returns to scale in the gen-
a new Financial Services Action Plan was implemented, eration and application of new technology.
which was given special fast-track procedures. his may Moreover, according to the recent economic geog-
have brought cross-border capital movement notice- raphy models, foreign direct investment (FDI) is not
ably closer in the Eurozone to that within individual simply determined by relative costs of production
nations, but many aspects, such as the Single European or national tax structures. Firms may be drawn to
Payments Area, remain elusive and may require direct particular regions due to the possibility of obtaining
action by the authorities if they are to materialize – for ‘agglomeration economies’. he idea is that growth
example, provision of services by the European Central can be faster if competitors, suppliers, customers and
Bank (ECB; see Chapters 3 and 11–12). related services are all close together in dynamic inter-
here are also some contradictions in these action. Agglomeration efects can be compounded by
approaches. he logic behind the EU itself and the four the wider impact of inward investment. While this
freedoms is largely built on the neoclassical paradigm has certainly been beneicial for large multinational
of perfect competition and its advantages. Yet the new companies, the problem for economic development is
development in the ield, with its associated knowledge- that it leads to greater spatial polarization. Not surpris-
based economies, is founded on notions based on new ingly, regions do not want to be without such poles (see
growth theory, increasing returns to scale and monopo- Chapter 22).
listic competition. his means that earlier models of Globalization has turned physical capital into a
international factor mobility, basically static in char- much more mobile factor of production. Due to FDI,
acter, are no longer useful for analysing international irms may own the export sector of another nation,
factor mobility, since they consider the optimal alloca- and these foreign owners may repatriate most of their
tion of given factors of production. In the new ‘endog- proits (Gill and Law 1988). In such a case, the eventual
enous growth’ literature, a country or region’s factor problem from the point of view of economic devel-
endowments are allowed to change over time under opment is the hierarchical and possibly exploitative
conditions of balanced growth. Growth is endogenous character of transnational irms in a global economy:
in the sense that it depends on the amount of resources growth may be achieved, but only at the cost of inter-
allocated to accumulating production factors, such as national inequalities, combined with dependence on
human capital. Consequently, factor mobility can have inancial headquarters elsewhere. his may also apply
an important inluence on growth and convergence to the EU’s eastern enlargement, if increasing lows of
of growth rates between the countries. In the earlier proit repatriation eventually outweigh the inward FDI
literature, per capita output grows in accordance with lows to the new member states (NMSs). It is thus not
the exogenous growth rate of technology, with policies surprising to see that at the same time that the exist-
that afect savings only altering the level of per capita ing MSs have been pulling down the barriers to the
income. Hence countries that have the same long-run free movement of capital and labour, they have been
growth rate in technology should have the same long- cautious in both ields, increasing the protection of
run growth rate in their per capita incomes, irrespective labour through the social chapter in the TEU, insisting
of their prevailing technology, size or level. on a transition period for NMSs and seeking to limit the
For new growth theories, the accumulation of powers of company takeover.
knowledge, the generation of ideas, the development However, Grossman and Rossi-Hansberg (2006)
of human capital and the capacity to absorb new tech- argue that many complex industrial goods nowadays
nologies are of the essence in explaining the forces are a result of a multitude of tasks that are performed in
underlying economic growth and determining the separate locations. Because of dramatic developments
competitive position of individual countries. hus the in communication and information technologies,
long-term growth prospects of EU MSs importantly improved possibilities for relocating the tasks ofshore
depend on the lexibility and eiciency of the EU’s generate almost the same efects as technological
116 David Mayes
progress in a standard neoclassical model of produc- preference system applied to trade through diferen-
tion and trade. If this productivity efect dominates tial tarifs as far as capital movements are concerned;
the relative price, and labour supply afects ofshor- nor, it seems, was there any intention of taking the
ing, wages for low-skilled jobs will actually rise in the opportunity of introducing discrimination against third
country where ofshoring takes place. Moreover, along countries by making this freedom of movement only in
with improved possibilities for ofshoring, high-skilled respect of fellow MSs.1
tasks can also boost the wages of domestic white-collar In general, the movement of inancial capital among
workers. inancial centres now entails only minimal intrinsic
here is a basic distinction between direct invest- costs, due to the liberalization and development of
ment, which involves the setting up or acquisition of a information technology. FDI and the (re-)establish-
‘subsidiary’ in a foreign country, and portfolio invest- ment of productive capacity are neither costless nor
ment, involving the purchase of shares and bonds or prohibitively costly in terms of time and inancial efort.
the making of other forms of loan to a company in a he GATT and WTO rounds aimed at liberalization in
foreign country. In the case of labour movement, indi- world trade have also enhanced direct investments
viduals physically move from one country to another (see Chapter 24).
and then provide their labour services in the second However, the restrictions that matter are not in the
country. Capital, on the other hand, involves the trans- capital movements themselves, but in how those funds
fer of claims through a inancial transaction and not can be used to purchase physical assets. Constraints,
the transfer of capital goods themselves in the form of or indeed incentives, apply to inward investment, to
plant, machinery and vehicles. If existing physical capi- mergers and acquisitions (M&A) and to the operation
tal is exported, then the inancial transfer is lowered. If of multinational enterprises (MNEs). hus freedom of
new physical capital is purchased from the home coun- capital movements is to some extent a myth if there
try there is an additional export, but the net inlow of are further constraints on how the funds can be used.
physical capital is smaller. he net low is largest when Nevertheless, it is clear that restrictions are being pro-
the new physical capital is all produced in the country gressively eliminated. Although it has been somewhat
where the new plant is set up. diicult to detect any direct growth beneits for inan-
cial integration as such, there is evidence that the
strengthening of inancial sectors has contributed to
8.3 Capital movements strong growth in the emerging Europe.
According to the OECD (2000) and Nicoletti et al.
Exchange controls were eliminated in the UK in (2000), barriers to intra-MS trade are now fairly low in
October 1979, for reasons that had little to do with all EU countries – in some cases even lower than in the
EU membership (see Chapter 11). At that stage, the USA. here are, however, still quite large diferences
remaining MSs all had restrictions on capital lows, across countries; in particular, indicators are the high-
although these varied in their degree of tightness. After est in Greece, Portugal and France.
the start of the SEM programme, these restrictions were As in the case of trade lows, we would expect to
steadily removed and there has been efective freedom observe a more rapid increase in direct investment
of capital movements since the start of Economic and abroad than in GDP itself. his duly occurred in the
Monetary Union’s (EMU) stage 2. With the exception second half of the 1980s, but was not conined to the
of NMSs, freedom throughout the Community was in EU. Increased trade lows are likely to involve changes
place by July 1990, the start of EMU’s stage 1. In most in capital lows – to set up distribution networks and
cases there was a distinction between controls applied to establish local production as market penetration
to residents and those applied to non-residents, with increases – although the direction of the change is still
the restrictions being lighter in the latter case. However, problematic, as we cannot tell a priori the extent to
such restrictions as did apply to non-residents usually which trade and direct investment might be substitutes
applied equally to all such non-residents, regardless of rather than complements.
whether they were residents of another EC country or Nevertheless, recent trends in capital movements in
of a third country. here is thus no counterpart to the Europe give a clear message about the importance of
Factor mobility 117
capital lows in open economies. Gross lows of capital in this case not just with what resources irms are
are of immense magnitude, many of the lows repre- prepared to put into capital for future production, but
senting ofsetting movements through which inancial where they are going to site them. Most considera-
and other institutions achieve portfolio diversiication tion, therefore, has been devoted to the problem at the
and protection against exchange rate and other inan- level of the irm itself, rather than through modelling
cial risks. FDI lows are naturally smaller, but since the the components of the capital account of the balance
second half of the 1990s they have continued to surge of payments. Even within the conines of aggregate
and have become substantially more important in the explanation there has been a tendency to avoid model-
process of capital formation as well (see Table 8.1, page ling FDI lows directly, and modelling them indirectly
118). his in part relects the globalization process, through the determination of the exchange rate as a
which has entailed the rapid expansion of the number sort of reduced-form approach (see Cuthbertson et al.
and coverage of MNEs in Europe. he overall scale of 1980 for a discussion of this work).
FDI began to increase strikingly during recent decades Such an approach may be appropriate for the expla-
as countries began to locate portions of their manu- nation of portfolio investment, in particular, since
facturing, sales and service enterprises in many other much short-term portfolio investment is described as
countries. For example, the sum of outward and inward speculative in nature. It is much less useful for direct
FDI as a share of total 1997 investment exceeded 20 investment, because of the degree of permanence
per cent for ten of the EC15. he corresponding igure embodied in the existence of physical capital held
was less than 10 per cent for all but the UK and the abroad and changes in the logic with which MNEs
Netherlands in 1975. organize their production.2
Traditionally, the main net outward investors Nowadays a large proportion of trade is accounted
include Germany, Japan and the UK. he Netherlands, for by large MNEs, and a signiicant proportion of
Sweden and Switzerland also rank high as net out- global trade (estimates are between 30 and 40 per cent)
ward investors. One of the main reasons is that sev- runs through the international production and distri-
eral MNEs reside in these countries, which invest bution networks of MNEs as intra-company trade. he
extensively abroad. On the other hand, other coun- increase in intra-company trade relects the motives of
tries receive more FDI than they invest abroad. hese MNEs for diversifying risk and deepening economies
include countries such as Hungary and Poland, as well of scope in the world market. he increasing informa-
as Australia and Spain. Recently, however, the picture tion content in nearly all products requires experts in
has changed. Ranking EU MSs according to the size of various ields to participate in the design and develop-
their respective cumulative inlows over 1992–2000, it ment of almost every commodity. Consequently, many
appears that Germany has changed its position, since global companies seek to establish both production
in 2000 it became a net recipient of EU FDI, while the and research and development activities in diferent
Netherlands switched to a position of net recipient (see locations all over the world, providing them with either
Table 8.1, page 118), but the igures for 2005 restore the cost-efective production or an abundance of educated
German and Dutch positions. people and information infrastructure.
Another factor that may have afected the upsurge of
FDI is related to changes in MNEs’ production model.
In the typical ‘Fordist’ production model, MNEs seek
8.4 On the determinants of direct growth by expanding into new sectors and connected
investment horizontal integration with diversiication. Vertical
integration, which was the characteristic of the Fordist
Investment lows between countries cannot really production model, was a means of internalizing pos-
be treated in the same manner as investment within sible market risks in diferent phases of the value chain.
the economy because, although total investment can Globalization, however, has drastically changed the
be explained through well-known relationships, the Fordist production model. In recent years, an increas-
split between home and foreign expenditure, on an ing number of companies have chosen to narrow their
economy-wide basis, is not so clear. We are concerned segment of products and services and of the value
Table 8.1 Direct investment lows of EU countries, 1987–2009 (ECU/euro million)
Intra1 Extra2 Total Intra1 Extra2 Total Intra1 Extra2 Total Intra1 Extra2 Total Intra1 Extra2 Total
Outward
BLEU3 1,655 545 2,200 2,675 1,333 4,008 16,778 6,035 22,813 69,488 52,726 122,214 163 124,796 124,959
Denmark 278 219 497 297 779 1,076 3,734 240 4,054 9,800 2,115 11,915 6,969 4,410 11,379
Germany 1,610 5,266 6,876 18,821 9,610 28,431 47,744 108,558 156,302 21,696 14,999 36,695 36,867 8,271 45,138
Greece 1 9 10 na na na na na na na na na 1,141 183 1,324
Spain 270 227 497 1,584 937 2,521 5,241 11,680 16,921 14,420 16,757 31,177 4,121 7,638 11,759
France 3,639 3,483 7,122 6,012 4,381 10,393 26,101 17,343 43,444 66,871 26,137 93,008 91,149 26,370 117,519
Ireland 65 86 151 na na na 1,126 2,363 3,489 10,250 659 10,909 10,422 4,515 14,937
Italy 998 495 1,493 4,732 1,442 6,174 5,183 5,605 10,788 27,225 6,352 33,577 29,979 1,480 31,459
Netherlands 1,998 3,607 5,605 4,832 5,228 10,060 18,724 15,985 34,718 93,145 21,784 114,929 −7,512 20,311 12,799
Portugal 8 6 2 84 7 91 1,491 2,129 3,620 1,620 −698 922 1,613 -682 931
UK 1,730 16,728 18,458 7,866 11,700 19,566 16,940 91,777 108,716 23,314 59,370 82,684 −17,681 30,576 12,895
Austria na na na 1,329 1,036 2,452 2,816 5,244 8,060 478 2,679 3,157
Finland 1,190 13 1,203 15,411 1,245 16,656 4,817 −1,322 3,495 1,919 165 2,084
Sweden 1,192 127 1,319 9,519 5,509 15,028 12,833 5,968 18,801 18,941 5,263 24,204
EU12/15 12,344 30,670 43,014 40,711 24,377 65,088 149,443 218,754 368,197 399,477 208,704 608,181 217,887 263,335 481,222
Inward
BLEU3 1,265 693 1,958 6,302 2,899 9,201 12,229 6,331 18,560 81,729 34,165 115,894 54,512 51,137 105,649
Denmark 2,127 151 24 843 582 1,425 1,053 4,640 5,747 5,657 4,888 10,545 4,284 1,416 5,700
Germany 250 215 465 1,048 −439 609 38,615 4,661 43,276 19,967 6,297 26,264 18,568 7,062 25,630
Greece 102 87 189 na na na na na 10 na na na 2,091 324 2,415
Spain 1,976 1,338 3,314 6,963 1,087 8,050 9,493 1,049 10,542 15,553 2,932 18,485 5,561 5,258 10,819
France 1,654 2,056 3,710 7,803 2,647 10,450 22,458 5,227 27,685 36,552 14,572 51,124 33,812 10,431 44,243
Ireland 160 327 487 na na na 4,647 3,271 7,919 −19,956 −5,078 −25,034 17,026 949 17,975
Italy 1,310 1,745 3,055 2,528 673 3,201 2,117 208 2,325 14,101 1,926 16,027 17,902 2,963 20,865
Netherlands 1,315 664 1,979 5,869 680 6,549 13,222 20,662 33,884 27,804 5,533 33,337 16,720 2,679 19,399
Portugal 230 97 327 1,062 232 1,294 1,112 1,588 2,700 2,952 −448 2,504 1,354 713 2,067
UK 4,085 5,619 9,704 2,037 10,609 12,646 16,863 46,146 63,010 103,166 25,124 128,290 −1,514 33,997 32,483
Austria na na na 4,342 −184 4,050 6,131 1,141 7,272 2,143 3,162 5,305
Finland 512 227 739 10,332 516 10,848 3,437 −278 3,159 2,211 −375 1,836
Sweden 1,264 1,002 2,266 12,950 1,522 14,472 9,686 782 10,468 11,052 −2,000 9,052
EU12/15 12,344 12,991 25,335 37,231 20,775 58,006 135,847 96,432 232,279 366,052 77,214 443,266 154,909 221,734 376,643
Notes:
1
‘Intra’ = lows to or from other EU countries.
2
‘Extra’ = lows to or from the rest of the world.
3
‘BLEU’ = Belgium–Luxembourg Economic Union.
Source: Adapted from Eurostat database for 1993–2005; European Union Direct Investment Yearbooks (1984–93) for 1987.
Factor mobility 119
chain, to concentrate on accumulating and developing Germany had substantial net exports during 1975–90.
core competencies. More recently there have been striking year-to-year
Moreover, due to more open international competi- variations, with strong outward FDI by France and
tion and the complexity of the products, companies strong inward FDI in Germany. Towards the end of the
ind it harder to achieve and maintain competitive millennium large parts of EU outward FDI lows were
advantage in several sectors or product and service seg- accounted for by the UK, France, the Netherlands and
ments at once. his has afected the factor lows across Germany. In 2000 they made up 60 per cent of outward
territorial boundaries, in particular FDI, and reinforced FDI lows outside the EU (excluding the USA) and 73
the development of a more concentrated economy. per cent of lows to the USA. At the same time, these
his multinational structure of production and pres- four countries accounted for 55 per cent of intra-EU
sures to expand it also have consequences for trade. FDI lows. Figures for 2009 are particularly distorted by
In the case of vertical FDI, where companies allocate the inancial crisis.
diferent parts of their production chain to those coun- More generally, in 2000 the EU participated in the
tries where production costs are lower, FDI typically strong worldwide FDI activity that was closely related to
boosts international trade. In the case of horizontal the reorganization of the telecommunications sector,
FDI, a company places its production close to foreign and thus may not be indicative of the longer run. At
markets. In this case, FDI acts as a substitute to trade, the other end of the scale is the very low level of FDI in
and provides strategic market access for the investor. Greece and Italy. hus, despite any attractiveness that
may have existed from surplus and cheaper labour in
those countries, this factor advantage has been met by
8.5 Capital movements in Europe labour outlow rather than capital inlow
Outward FDI has been rising considerably faster
It is noticeable that most modelling of inward FDI relates than in the USA, while inward FDI has risen more
to lows into the EU from outside, not to lows within slowly. Much EU FDI is outside the EU rather than to
the EU itself. Yet it is these internal lows that should other EU MSs. FDI abroad, like domestic investment,
be of prime interest in the case of the SEM and the has traditionally been afected by trade cycles. It is also
development of a knowledge-based society. he stud- not realistic to treat the EU as a largely homogeneous
ies of external FDI lows suggest that there are three unit from the point of view of FDI. For example, FDI
basic mechanisms at work. First, investment tends to lows between the UK and the Netherlands were far
increase with sales to the EU – that is, supporting trade larger than relative economic size would suggest, both
rather than substituting for it (Scaperlanda and Balough before and after accession to the EU. his presumably
1983). Barrell and Pain (1993) suggest, following Vernon relects, among other things, the number of Anglo-
(1966), that there is an initial level of exports that is Dutch MNEs.
required before it becomes worthwhile setting up dealer As noted earlier, between one-half and three-
networks and other downstream services. Second, quarters of net FDI abroad by the UK is composed
investment takes place to overcome trade barriers of proits from overseas subsidiaries and associated
(Culem 1988; Heitger and Stehn 1990) or anti-dumping companies that are not remitted to the UK. Net acquisi-
duties (Barrell and Pain 1993). However, overseas inves- tion of overseas companies’ share and loan capital is,
tors with a choice of locations and lows are also afected partly by consequence, around one-sixth to one-third
by relative costs and relative barriers. hus, when anti- of the total.4
dumping actions were at their height in the USA in the he Commission put together a database called
mid-1980s, this acted as a spur to Japanese investment AMDATA that provided a rather detailed list of M&A
there. Finally, investment lows are crucially afected by activity involving EU enterprises (sadly now discontin-
the availability of funds in the investing country. ued). here has been a marked increase in M&A activity
he UK has been the largest investor overseas in in the EU since the early 1990s. On the one hand, there
the EU and is the second largest in the world after the has been a strong upward trend in MNEs since 1992.
USA.3 Only the Netherlands among other EU MSs has On the other hand, cross-border M&A inside the EC
been a net FDI exporter since 2000, although West started to increase steadily only after 1996 (see Table
120 David Mayes
Note:
Figures do not necessarily add up to 100 per cent since in some cases the bidder is unknown. Figures for 1991–2001
are based on the recent revisions of the AMDATA, while those for 1987–90 are based on 1999 revisions. Figures
from 2002 onwards are based on the EU25, while earlier igures are based on the EU15.
Source: European Economy (CEU 2001j, 2005k)
8.2). In 2004 there were 9,000 instances where EU com- given that labour migration is in many ways a much
panies were the target. While these recent numbers more complex process than international capital lows.
refer to the EU25 and thus the enlarged EU, M&A still Simply put, because the migration of labour necessar-
predominantly takes place in the EU15. ily requires the movement of a person or persons, such
Intra-EU FDI lows have been expanding during the a move involves more than just the labour market and
second half of the 1990s, conirming the importance income considerations. Capital may be allocated inter-
of the deepening integration of the product and factor nationally without requiring the movement of the capi-
markets in the EU. During 1999 and 2000 in particular, tal owner. Moreover, there are many situations where
intra-EU FDI showed a signiicant increase in volume the movements of capital and labour do not substitute
relative to GDP and trade. One of the reasons behind but rather complement each other (Fischer 1999). Such
this upsurge was associated with the reorientation of UK diferences in behaviour are enormous from a practical
FDI lows in favour of EU MSs. his, in turn, was largely and policy point of view.
due to a few huge cross-border mergers, in particular On the one hand, total FDI statistics are sometimes
the acquisition of Mannesmann by Vodafone Air Touch, afected by the behaviour of a single or very few large
and successive ownership changes in two of the most MNEs in a particular country; a single company can
important telecoms businesses (CEU 2001j). Total FDI dominate the total efect of lows between any particu-
lows into EU MSs increased substantially in 2005 over lar pair of countries. Labour lows, on the other hand,
the previous year. here has also been a clear upsurge in are the result of the decisions of a large number of
intra-EU FDI lows. Much of this upsurge is explained by independent households (although actions by compa-
an increase in investments to the UK. his increase has nies and communities can have a strong inluence on
largely been due to the merger of Shell Transport and these decisions). With some limited exceptions involv-
Trading Company plc and the Royal Dutch Petroleum ing transient staf and actions in border areas, move-
Company into Royal Dutch Shell. Country-by-country ment of labour simply involves a person shifting his or
breakdown of FDI lows shows that the situation varies her residence from one country to another to take up a
considerably across countries and time. job in the second country. here is not the same range
of possible variations as in the case of capital move-
ments. here is also the considerable simpliication
8.6 Labour movements that there is not the equivalent problem of the rela-
tion between the inancial lows (or retained earnings)
Labour mobility is often assumed to be a substitute for and the physical capital stock. he number of foreign
capital mobility. However, this is rather misleading, nationals employed will be the sum of the net inlows,
Factor mobility 121
without any revaluation problems and only a relatively social and cultural opportunities, building up a social
limited diiculty for ‘retirements’ (through age, natu- network or getting involved in the activities of various
ralization, and so on). interest groups all require a certain time of immo-
On the other hand, early theories of migration argued bility. hus immobility has a value, and in moving
that a major incentive to move is an income diferential investment, gaining such insider advantage represents
in real terms. However, it is not merely that the same a sunk cost that needs to be covered by expected utility
job will be better paid in the second country; it may be gains in the receiving region.
that the person moving will be able to get a ‘better’ job Of course, some of these factors could work in a
in the second country (in the sense of a diferent job favourable direction: it might be easier to ind accom-
with higher pay). here are severe empirical problems modation abroad, and setting up a new household and
in establishing what relative real incomes are, not just inding new friends might be an attractive prospect.
in the simple sense of purchasing power parities, but Moreover, the development of information technolo-
in trying to assess how much one can change one’s gies and the consequential reduction in communica-
tastes to adapt to the new country’s customs and price tion and organizational costs across territorial borders
patterns, and what extra costs would be involved if, for help in solving at least some of the problems associated
example, the household had to be divided, and so on. with insider advantage. Nevertheless, all this suggests
his is diicult to measure, not just in precise terms for that margins in labour rewards between countries may
the outside observer, but even in rough terms for the be considerable in practice, even if free movement
individual involved. of labour is theoretically permitted. It should thus be
his sort of uncertainty for the individual is typical no surprise to ind that many diferences in labour
of the large range of barriers that impede the move- rewards exist between EC MSs. However, it would also
ment of labour, in addition to the wide range of oi- be a mistake to think that there are no barriers in prac-
cial barriers that inhibit movement. Ignorance of job tice to employment in other EU MSs, as is clear from
opportunities abroad, living conditions, costs, ease the next section.
of overcoming language diiculties, how to deal with
regulations, and so on, is reduced as more people move
from one country to another and are able to exchange 8.7 Labour lows in the EU
experiences. Firms can reduce the level of misinforma-
tion by recruiting directly in foreign countries. While freedom of movement of labour was part of
Even if it were possible to sort out what the oicial the framework of the 1957 Treaty of Rome itself, the
barriers are and to establish the relative real costs, there original six EU MSs had to start from a position of
would still be a multitude of factors that could not be considerable restrictions of labour movement, and it
quantiied but could perhaps be given implicit values. was not until 1968 that work permits were abolished
hese other factors involve diferences in language, and preferences for home country workers no longer
customs, problems of transferring assets (both physi- permitted. he SEM involved a range of measures to
cal and inancial), disruptions to family life, changes in try to eliminate those iscal barriers, not just for the
schooling, loss of friends, and so on. worker but for the accompanying family as well. Merely
hese considerations have led to the development permitting geographic labour mobility does not in itself
of so-called microeconomic behavioural models of either facilitate or encourage it. It is quite possible to
labour mobility or immobility. hese theories argue, make mobility diicult through measures relating to
quite convincingly, that migration decisions are taxes and beneits, which make a period of previous
made in a complex environment, where the decisions residence or contribution necessary for beneit.
are inluenced by family or group considerations as EU labour markets are in general characterized by
well as by time and life-course events. In some of relatively low levels of geographic mobility; EU citi-
these approaches, location-speciic information and zens have about half the mobility rate of US citizens.
the ability to make use of insider advantage play an According to Eurobarometer, 38 per cent of EU citi-
important role in the decision to move (Fischer 1999). zens changed residence over the course of a decade,
Gaining knowledge about location-speciic economic, the majority of whom moved within the same town
122 David Mayes
or village (68 per cent), and 36 per cent moved to the irst oil crisis, when unemployment rose sharply
another town in the same region. However, only 4.4 and EU economies moved into recession, there was
per cent moved across national borders into another much more resistance to the low of labour between
MS. Furthermore, it has been estimated that annual MSs and encouragement for reversing the low.
migration between MSs amounts to around 0.75 per he clearest feature of the development of the per-
cent of the resident population and perhaps only 0.4 mitted mobility of labour among EU MSs was that
per cent of resident EU nationals. In the USA these ig- restrictions were lifted on workers from other MSs
ures appear about six times larger. Moreover, occupa- rather than non-members. Nevertheless, only Belgium
tional or professional reasons account for only a small and Luxembourg have had a higher proportion of
proportion of the house moves; when people move it their foreign workers coming from within the EU than
is mainly for family and housing reasons. Movements from outside it. he position has changed relatively
increased with respect to NMSs after 2004. little in recent years, with the exception of Germany,
Of course, these relatively low labour mobility ig- where there has been a small rise, and Luxembourg,
ures relect cultural and institutional heterogeneity in where there has been a small fall in the number of
the EU, but may also be due to a more systematic non-nationals in the workforce. Looking at it from the
failure in the functioning of factor markets. In par- point of view of country of origin, in all cases except
ticular, it has been argued that real wage unresponsive- Ireland, only a very small percentage of the labour
ness to regional labour demand luctuations and wage force from the old MSs has moved to other MSs. It
compression policies have hindered the functioning of appears that size and percentage of working popula-
internal labour markets. tion abroad are inversely related. It is EU MSs with the
he principal concern raised in the EU recently is lowest incomes that had the highest outward mobil-
that various barriers still exist and continue to keep ity. Greece, Portugal and Spain alter the picture fairly
labour mobility within the EU at a low level. Given the considerably. hey all had above-average numbers of
political commitment to enhance EU competitiveness people working elsewhere in the EU even before they
and growth in the global economy by establishing a joined, particularly Portugal. NMSs have emphasized
knowledge-based economy the EU has taken a look at the picture. he real income gaps with the rest of the
the impediments on mobility of skills and labour. EU have been larger and the incentives to move that
he potential barriers to labour mobility in the EU much greater. Although there was an opportunity for a
can be roughly divided into man-made and natural phased reduction in barriers against immigration from
barriers. Man-made barriers include inconsistent NMSs, this has not proved to be a problem by and large.
labour market institutions; problems in the portability It is immigration from outside the EU, particularly
of pensions and social security rights; and the lack of where it is illegal, that has put pressure on the system.
full mutual recognition of qualiications and experi- he picture is a little more complex for inward lows.
ence. Natural barriers include a range of social, cultural Luxembourg stands out, with around one-third of the
and language barriers and also the ageing of the labour working population coming from foreign countries.
force. Given that the young tend to be more mobile Belgium, France and Germany form a second group,
than the old, demographic change will imply that there with a little less than 10 per cent of their workforce
will be considerably fewer potential movers among coming from abroad; and the remaining countries have
the working-age population. Many empirical studies smaller proportions, down to negligible numbers in the
have found that, in both the EU and the USA, moving case of Italy.
declines sharply after the age of thirty to thirty-ive. Some special relationships are apparent which
he actual path of labour migration is, of course, relate to previous history rather than the EC as a deter-
heavily afected by the cyclical luctuation of the econ- minant of the pattern of lows: former colonies in the
omy. If an economy is growing and able to maintain case of France and the UK and, to a lesser extent, in the
full employment, it is likely to attract more labour from case of Belgium and the Netherlands; and the relation-
abroad for two reasons: irst, because there are more ship between the UK and Ireland. he West German
job opportunities, and second, because there is less policy of encouraging foreign workers is clear, with
domestic opposition to immigration. In the period after large numbers coming from Turkey and (the former)
Factor mobility 123
Yugoslavia. What is perhaps surprising is that despite legislation. Even the Working Time Directive, which
the recruitment ban on countries outside the EU in caused a major debate, was ultimately watered down to
1973, the shares of MSs and non-member countries the point where it did not much change existing behav-
in the number of foreign nationals employed in West iour (see Chapter 23).
Germany remained at approximately the same levels It should be no surprise that international mobil-
after 1974, the share of non-members falling only as ity is limited when one sees the extent of reluctance
some of the countries joined the EC. Subsequently to respond to economic stimuli for movement within
there was a fall in foreign labour in most countries by countries. he existence of sharply diferent regional
1990 and stabilization thereafter. However, the switch unemployment levels and regional wage diferen-
is much larger for those from non-member countries tials reveals this reluctance. In the UK, the system of
than for those from the other MSs. public sector housing is thought to aid labour rigidity.
At irst glance it appears that labour, in propor- Possession of a council house in one district does not
tionate terms, is rather less mobile than capital. he give any entitlement to one elsewhere. However, even
balance of labour and capital lows tends to be in oppo- for private sector house owners, negative equity and
site directions according to the development of the the very considerable transaction costs of sale and pur-
various economies. However, there are many speciic chase act as a substantial restriction on mobility.
factors overriding this general relation. he wealthier Yet regional and industrial data in EU MSs reveals
countries have attracted labour and invested over- only moderate diferences in wages across sectors for
seas at the same time, thus helping to equilibrate the homogeneous labour. hese moderate wage difer-
system from both directions. Yet there is little evidence entials more likely relect the institutional rigidity of
inside the EU that there are large labour movements wages per se, rather than the eicient functioning of
purely as a result of the EU’s existence. Some move- the factor markets. his is evident from the fact that
ment between contiguous countries is to be expected, regional unemployment rates are widely dispersed.
especially where they are small, and also movements Unemployment diferentials across sectors are also
from those countries with considerable diferences in fairly persistent in many EU MSs. EU MSs exhibit
income, primarily Greece, Ireland, Italy, Portugal and, bigger variations across regional migration lows than
to a lesser extent, Spain. However, the major move- between the corresponding US states.
ments have been the inlow of workers from outside the Decressin and Fatás (1995) note that in the EU region-
EU, primarily into France, Germany and the UK. hus, speciic shocks in the demand for labour are relected
despite discrimination in favour of MSs’ nationals, the in changes in regional participation rates, while unem-
relative beneits to employers (the ability to ofer worse ployment rates react to a small extent during the irst
conditions, readier dismissal, lower beneits, and so three years. Migration, in turn, plays a substantial role
on) and to employees (the size of the income gain and in the adjustment process only after three years. A
the improvement in living standards for their families) large part of the changes in labour demand is met by
make lows from the lower-income countries more people moving in and out of the labour force, instead
attractive to both parties. of migrating or experiencing short unemployment
Worries about the competitive exploitation of spells. However, more recent evidence suggests that
employees through reducing social protection (known EU nationals may be signiicantly more mobile than
colloquially as ‘social dumping’) have led the EU to was previously thought. Based on a panel of 166 regions
develop the SEM’s social dimension, expressed for the period 1988–97, Tani (2002) shows that labour
through the Charter of Fundamental Rights for demand shocks trigger fairly similar responses in local
Workers and the action programme for its implemen- labour markets across the EU and the USA. According
tation (see Chapters 2 and 23). he measures are spe- to his study, the absorber of a labour demand shock is
ciically designed to ensure an EU ‘single market’ for net migration, accounting for around 50 per cent of the
labour. his does not necessarily mean that labour response in the irst year and about 80 per cent during
will be more mobile or labour markets more lexible the next. In the USA the corresponding numbers are
as a consequence. In practice, the social dimension about 40 per cent and 50 per cent.
has led to relatively limited changes in labour market
124 David Mayes
• he freedom of movement of capital and labour, 1. What are the main forces leading to FDI?
while being two of the four fundamental freedoms 2. Why is labour so reluctant to move in the EU com-
laid down by the Treaty of Rome, have been slow pared to the USA?
to become a reality. While direct barriers to the free 3. How has the new economic geography changed
movement of capital were removed in the early views on the importance of factor mobility?
1990s in the irst stage to EMU, it is still far from a 4. What is the role of MNEs in transforming the struc-
single market for capital as in the USA. ture of trade and investment in the EU?
• Freedom of movement of labour also experiences 5. What impact are NMSs likely to have on migration
many practical diiculties, but labour is relatively and the siting of production in the EU?
reluctant to move in the EU, even when there are 6. What is social dumping? Why has it been a concern?
considerable incentives. hus the free movement of 7. Why is it so diicult to attain a single market for
both labour and capital are far more limited than in capital in the EU?
the USA. 8. How does endogenous growth theory impart a
• Modern developments in endogenous growth positive role to inward migration in EU MSs?
theory and the new economic geography suggest 9. In what ways is investment a complement rather
that in a modern, knowledge-based economy there than a substitute for trade?
are increasing returns from the agglomeration of 10. How do capital lows and labour lows interact? To
production and skills in particular industry groups what extent are they substitutes?
in certain locations.
• As a result, many of the fears about the loss of jobs
FUR TH ER REA DING
from inward migration and the loss of control from
foreign ownership have proved to be outweighed by Fassmann, H. J., Haller, M. and Lane, D. (2009) Migration
positive efects. and Mobility in Europe: Trends, Patterns and Control,
• As a result, the pattern of production and owner- Edward Elgar, Cheltenham.
ship in the EU has changed markedly since the Liebscher, K., Christl, J., Mooslechner, P. and Ritzberger-
Grunwald, D. (2007) Foreign Direct Investment in Europe:
beginning of the 1980s.
A Changing Landscape, Edward Elgar, Cheltenham.
• However, MNEs operate on a global scale and
investment by EU MSs outside and by outsiders in
the EU has formed a critical part of the process of NO TES
development.
1 here are, of course, diferential restraints on the activi-
• FDI tends to go in cycles and hence develop-
ties of inancial institutions depending on whether or
ments have been bunched. Some MSs have been
not they are registered within the EU.
more active than others, with France, Germany, 2 It is interesting to note that the pressure for the SEM came
the Netherlands and the UK being more active in just as strongly from European MNEs as it did from politi-
FDI and also in receiving labour migration. he cal sources. Wisse Dekker, then head of Philips and the
rest of the EU is also uneven, with Belgium and European Round Table of major companies, put forward
Luxembourg attracting the greatest proportionate a plan in January 1985 to achieve a single market in ive
labour lows. years – that is, by 1990, thus anticipating the White Paper.
• A new round of development is in progress with the 3 On an annual basis, the UK was overtaken by Japan, but
latest EU enlargements, and the pattern is unlikely the UK’s outstanding stock of FDI was still larger.
4 Unremitted proits by UK MNEs as a percentage of total
to stabilize for some years yet, given the extent of
net outward FDI in the EU alone and in all countries
the diferences in relative prices.
(in brackets) were 74 per cent (40 per cent) in 1975, 112
per cent (71 per cent) in 1979, 40 per cent (80 per cent)
in 1982 and 122 per cent (55 per cent) in 1985 (Business
Monitor).
Measuring the economic impact of
9 European integration
AL I E L - AGR AA
Sections 9.1–9.6 are updates of my chapter in the 6th edition and the rest is a brief adaptation from the second part of Nigel Grimwade’s
chapter in the 8th, for which thanks are due, but without implicating him for my errors and omissions. I am also grateful to Susan Senior for
helpful comments and suggestions.
126
Measuring the economic impact of European integration 127
• supply-side diversion, which is the replacement of economic and iscal policies, which are especially per-
exports to non-partners (W) with exports to P tinent in the EU’s case (see Chapters 1 and 8). However,
• external TC (ETC), which is the replacement of as mentioned in the introduction, these are tackled in
expensive domestic production with cheaper the specialist chapters, but a brief statement on factor
imports from W due to a reduction in common mobility may be in order.
external tarifs (CETs), as has happened after the Factor mobility complicates the estimation of the
Kennedy and further rounds of WTO/GATT tarif impact of economic integration on goods and services
reductions since they can be both complements to and substi-
• balance of payments induced adjustments due to tutes for them. A new foreign direct investment (FDI)
the efects of TC, TD and ETC. may require an inlow of skilled labour and imports of
some of its inputs, and may export part of its output;
Others have added trade suppression (TS), which
China does precisely this by asking all FDI ventures
occurs when production in one P is moved altogether
to sell their products outside China (see El-Agraa and
to another P (due to costs there becoming cheaper with
Liu 2006a, b; El-Agraa 2007). Alternatively, a irm may
integration), which used to import the product from
decide to invest in a new plant using local labour to
W. In short, when one delves into the real world, con-
supply the local market, both substituting for goods
idence in theoretical predictions is shattered and may
and services it previously supplied from its home
even turn out to be completely misguided.
market. hese interactions are very diicult to sepa-
rate, especially since the theoretical literature on factor
movements is relatively undeveloped and factors may
9.3 How/what to measure? not respond to any changes that are meant to enhance
their movement (see Chapter 8).
he measuring of the impact of economic integration
relates to the empirical calculation of all the above
changes. hus any sensible approach to estimating 9.4 The effects on trade
them should have the following characteristics:
he general trend of the empirical work on economic
1. It should be capable of being carried out at the
integration has been to examine various speciic
appropriate level of disaggregation in terms of both
aspects of integration (mainly the efects on trading
countries and products.
Ps) and to analyse them separately. he most impor-
2. It should be able to distinguish between TC, TD and
tant practical distinction made is between ‘price’ and
ETC.
‘income’ efects. his is largely because the main initial
3. It should be capable of discerning the efects of eco-
instruments in economic integration are tarifs, import
nomic growth on trade that would have taken place
quotas and non-tarif trade barriers (NTBs; see Chapter
in the absence of economic integration.
6), which act mainly on relative prices in the irst
4. It should be analytic – that is, it should be capable
instance. However, all sources of possible economic
of providing an economic explanation of the actual
gain (see Chapter 6) incorporate income as well as
post-integration situation.
price efects.
5. It should be a general-equilibrium approach, capa-
he removal of quotas and NTBs is usually subsumed
ble of allowing for the efects of economic integra-
within the tarif changes for estimation purposes. hese
tion on an interdependent world.
tarif changes are thought to result in a series of rela-
hese relate to the measurement of changes in only the tive price changes: the price of imports from P falls, for
trade lows, but, as we saw in Chapter 1, economic inte- commodities where the tarif is removed, relative to
gration is not conined to customs unions (CUs) and the price of the same commodity produced in H. In W,
free trade areas (FTAs). In the case of common markets which is excluded from the union, relative prices may
(CMs), the impact of factor mobility needs to be taken change for more than one reason. hey will change dif-
into account, and in complete economic unions (EcUs; ferently if the tarif with respect to W is shifted from its
see Chapter 1), so too must the efects of common pre-integration level, or they may change if producers
128 Ali El-Agraa
in W have diferent pricing reactions to the change in eiciency and technological change is that the econ-
price competition. Some W producers may decide to omy should reap dynamic gains. In other words, inte-
absorb rather more of the potential change by reduc- gration should enhance the rate of growth of GDP
ing proits rather than by increasing prices relative rather than just giving a step-up in welfare. Again, it
to domestic producers. Relative prices are also likely is necessary to explain how this might come about
to change with respect to diferent commodities, and explicitly.
hence there is a complex set of interrelated income and here are two generalized ways in which this can
substitution efects to be explained. take place: irst, through increased productivity growth
he immediate diiculty is thus the translation of at a given investment ratio, and second, through
tarif changes and other agreed measures in the eco- increased investment itself. his is true whether the
nomic integration treaty into changes in prices and increased sales are generated internally (in H and P)
other variables that are known to have an impact on or through the pressures of demand for exports from
economic behaviour. he evidence that exists suggests W through integration. Growth gains can, of course,
that there are wide discrepancies among the reac- occur temporarily in so far as there are slack resources
tions of importers beneiting from tarif cuts and also in the economy. Again, it is possible to observe whether
among competitors adversely afected by them (EFTA the rate of growth has changed, but it is much more dif-
Secretariat 1969), and that reactions of trade to tarif icult to decide whether that is attributable to economic
changes are diferent from those to price changes integration.
(Kreinin 1961). Two routes would appear to be open: Krause (1968) attempted to apply a version of
one is to estimate the efect of tarif changes on prices Denison’s (1967) method of identifying the causes of
and then to estimate the efects of these derived price economic growth, but suggested that all changes in the
changes on trade patterns; the other is to operate rate of business investment were due to EC formation
directly with observed relative price movements. his (or EFTA in the case of those countries). Mayes (1978)
latter course exempliies a problem which runs right showed that if the same contrast between business
through the estimation of the efects of economic inte- investment before and after the formation of the EC/
gration and makes the obtaining of generally satisfac- EFTA were applied to Japan, a bigger efect would
tory results almost impossible. It is that to measure the be observed than in any of the integrating countries.
efect of integration one must decide what would have Clearly, changes in the rate of business investment can
happened if integration had not occurred. Hence the occur for reasons other than integration.
major obstacle in carrying out research on these efects
is devising a convincing anti-monde (an alternative
world in which all events except one are identical). 9.6 The pioneering studies
hus, if in the present instance any observed change
in relative price was assumed to be the result of the
9.6.1 Methodologies
adjustment to tarif changes, all other sources of vari-
ation in prices would be ignored, which is clearly an As stated in the introduction to this chapter, a compre-
exaggeration and could be subject to important biases hensive survey of the studies covering the period up to
if other factors were afecting trade at the same time. the late 1980s is available in El-Agraa (1999). here is
therefore no need to go through these studies in detail;
a few general comments and a short summary should
9.5 The dynamic effects suice.
Most of the measurements can be broadly classiied
While in the discussion of the exploitation of compara- as ex ante or ex post. he ex ante estimates are based
tive advantage, the gains from a favourable movement on a priori knowledge of the pre-integration period
in t/t and often those from economies of scale are (termed structural models), while the ex post studies
expressed in terms of comparative statics, it is dii- are based on assumptions about the actual experience
cult to disentangle them from feedback on to incomes of economic integration (residual-imputation models).
and activity. he essence of the gains from increased Either type can be analytic or otherwise.
Measuring the economic impact of European integration 129
here are two types of ex ante studies: those under- summary, it is vital to bear in mind the distinction
taken before the EC/EFTA came to be and those con- between short-term static efects, whereby changes
ducted afterwards;1 it is inevitable that the EC and in the impediments to trade lead to once-and-for-all
EFTA are dealt with together, given that they were changes in the composition and pattern of trade, and
created at more or less the same time and were of equal longer-run dynamic efects, whereby economic inte-
economic size. he most inluential studies to use this gration over time leads to permanent changes in the
approach are those of Krause (1968), who predicted the rate of change of economic parameters. With this dis-
TD that would be brought about by the EC/EFTA on the tinction in mind, one can classify the studies into static
basis of assumptions about demand elasticities, and and dynamic along the lines suggested above.
Han and Leisner (1971), who predicted the efect on the he static studies can be put together into two major
UK by identifying those industries that had a compara- groups, under the headings of residual and analytic
tive cost advantage/disadvantage vis-à-vis the EC and models.
inding out how they were likely to be afected by mem-
bership (on the assumption that the pattern of trade
Residual models
prior to UK membership provided an indication of the
Residual models depend largely on their ability to
underlying cost conditions and that this would be one
quantify the situation in the absence of economic inte-
of the determinants of the pattern of trade and domes-
gration – that is, on the construction of the anti-monde.
tic production after membership). his approach is
It should be clear from the contributions discussed
of very limited value, however, for the simple reason
that the construction of a satisfactory anti-monde will
that ‘it does not provide a method of enabling one to
depend on a thorough accounting for the omissions
improve previous estimates on the basis of new histori-
mentioned above. hese models are set out here in
cal experience’ (Williamson and Bottrill 1971, p. 326).
order of increasing complexity.
he most signiicant studies to use the ex post
approach are as follows. Lamfalussy (1963) and (a) Import models
Verdoorn and Meyer zu Schlochtern (1964) employ he general tendency in import models is to emphasize
a relative shares method. Balassa (1967, 1975) uses variables drawn from only the importing country. his
an income elasticity of import demand method.2 he has the advantage of easy data collection, but one must
EFTA Secretariat (1969, 1972) adopts a share of imports ask whether or not this adequately compensates for the
in apparent consumption method.3 Williamson and inaccuracy of the estimates. To answer this question
Bottrill (1971) utilize a more sophisticated share meaningfully, it may prove helpful to follow Mayes’
analysis.4 Prewo (1974a, b) pioneers an input–output (1978) classiication of this category of studies, which
method.5 And Barten et al. (1976) use a medium-term distinguishes between the following:
macroeconomic method.6 he advantage of the ex post (i) he demand for imports
method is that it can be constructed in such a way as Studies of the demand for imports are based on
to beneit from historical experience and hence to the assumption that in the absence of economic
provide a basis for continuous research. However, the integration imports would have grown over time
major obstacle in this approach concerns the diiculty as they did in the past. hese studies have the obvi-
regarding the construction of an adequate hypothetical ous limitation that the extrapolation of trends has
post-integration picture of the economies concerned. cryptic drawbacks for a cyclical activity such as
international trade. Hence many of the contributors
assumed that imports would continue to be subject
9.6.2 Findings
to the same linear relation to total expenditure, GDP
his section now provides an integrated summary of and GNP respectively in the anti-monde as they had
the studies of the impact of economic integration up been prior to the integration era (see, for example,
to the early 1970s. But, as mentioned above, later con- Wemelsfelder 1960; Walter 1967; Clavaux 1969).
tributions are reinements, so will be briely consid- hese contributions were built on the unten-
ered later, and the most signiicant contributions are able premise that the marginal propensity to
fully covered in El-Agraa (1999). To appreciate the import remained constant throughout; evidence
130 Ali El-Agraa
Table 9.1 Predictions of trade creation (TC) and trade diversion (TD) in the EEC
TC TD
Notes:
A = Atkin (1973, projection); B = Atkin (1973, dummy variable); C = Waelbroeck (1964, method 1); D = Truman
(1969, disaggregated; 1958, base); E as D (1960, base); F = Balassa (1967); G = Clavaux (1969); H = EFTA (1972); I
= Major and Hayes (1970; 1958 base); J = Resnick and Truman (1974); K = Truman (1975); L as K (adjusted); M =
Verdoorn and Schwartz (1972); N = Williamson and Bottrill (1971); O = Kreinin; (1972, not normalized); P as O (US
normalized and adjusted); Q as O (UK normalized); R = Balassa (1974); S = Prewo (1974b); T = Lamfalussy (1963); U
as C (method 2)
Source: Adapted from Mayes 1978, p. 6
suggests that this parameter rises as income grows. relative share performance in total consumption,
Moreover, the estimation of the actual marginal as against the absolute value of imports, of dif-
propensity to import over the pre-integration peri- ferent suppliers. Truman (1969) adopted the sim-
ods would always be obscured by other changes plest solution by assuming that the relative share
in the international trading arrangements that had of each supplier would remain constant over time,
occurred then, and would not represent an anti- but, as already indicated, it would be desirable to
monde where no change had taken place. Table 9.1 allow changes in these ratios over time on the basis
provides a summary of TC/TD found by the major of historical experience. he studies by the EFTA
studies during this period, and a glance will reveal Secretariat (1969, 1972) tackle this by assuming
that the use of more observations tends to improve that the linear trend in relative shares during the
the results. period from 1954 to 1959 would have been main-
(ii) Shares in apparent consumption tained by the participating nations in the absence
Estimation can also be carried out by examining the of economic integration. here are two objections
Measuring the economic impact of European integration 131
Table 9.2 Changes in ex post income elasticities of import demand in the EEC
1953–9 1959–70
Total imports
Non-tropical food, beverages, tobacco 1.7 1.5 –0.2
Raw materials 1.1 1.1 0
Fuels 1.6 2.0 +0.4
Chemicals 3.0 3.2 +0.2
Machinery 1.5 2.6 +1.1
Transport equipment 2.6 3.2 +0.6
Other manufactured goods 2.6 2.5 –0.1
Total of above 1.8 2.0 +0.2
Intra-area imports
Non-tropical food, beverages, tobacco 2.5 2.5 0
Raw materials 1.9 1.8 –0.1
Fuels 1.1 1.6 +0.5
Chemicals 3.0 3.7 +0.7
Machinery 2.1 2.8 +0.7
Transport equipment 2.9 3.5 +0.6
Other manufactured goods 2.8 2.7 –0.1
Total of above 2.4 2.7 +0.3
Extra-area imports
Non-tropical food, beverages, tobacco 1.4 1.0 –0.4
Raw materials 1.0 1.0 0
Fuels 1.8 2.1 +0.3
Chemicals 3.0 2.6 –0.4
Machinery 0.9 2.4 +1.5
Transport equipment 2.2 2.5 +0.3
Other manufactured goods 2.5 2.1 –0.4
Total of above 1.6 1.6 0
to this premise: irst, 1954 and 1959 may not lie on the income elasticities of demand for imports from
the actual trend, and second, the form of the trend Ps separately from those from W. He advanced
itself is too simple. Estimation by regression analy- the proposition that an increase in the elasticity of
sis, for example, to improve on the results is not demand for imports from all sources indicated TC,
really worthwhile, given the naivety of the original and that a decline in the elasticity of demand for
assumption. imports from W, given an increase in the elasticity
(iii) Changes in the income elasticity of demand for for imports from Ps, indicated TD. he results are
imports given in Table 9.2. Note that the anti-monde here
his method tries to tackle the problem of changes was that these elasticities would not have changed
in the relative shares from the opposite direction, in the absence of economic integration. To reiterate
by discerning what the actual changes imply for the the criticism advanced in El-Agraa (1989a), since
elasticity of demand for diferent types of imports the estimated elasticities are not unitary and not
with respect to income. Balassa (1967) estimates equal for imports from Ps and Ws, this means that
132 Ali El-Agraa
changes in the shares of total imports in appar- he major deiciency of this model is that total imports
ent consumption and imports from W (and hence and exports were constrained to their actual values;
Ps) in total imports can and do take place in the hence it was not possible to estimate TC.
anti-monde. Although Balassa made allowances for An advance on this simple approach was the grav-
changes in prices, his estimates were similar to ity method pioneered by Tinbergen and developed
those of the general trend (Mayes 1978), but both by Pulliainen (1963), Polyhonen (1963a, b) and
positive and negative results were observed. Linnemann (1966). he model presumed that the trade
Both Balassa (1967) and the EFTA Secretariat’s low between any two countries would be a function of
(1969) methods leave unanswered the question their respective national incomes and populations and
why the substantial liberalization in world trade the distance between them.7 he model was estimated
prior to economic integration left unafected the by cross-section data, and the economic impact of any
estimation of trade relationships during that period. integration scheme was calculated by the unexplained
Indeed, Clavaux (1969) showed that if this factor residual in the regression, or by the inclusion of dummy
were taken into consideration – that is, if trade variables (DVs) for trade between participating nations,
liberalization were excluded from the anti-monde as was the case in the estimates by Aitken (1973). hese
– Balassa’s calculations for TC by 1966 would have two methods gave very diferent results because of the
more than doubled. However, as Mayes (1978, substantial variability over time in the parameters. he
p. 9) clearly argues, the most important aspect estimates by Aitken (1973) gave a igure of $1,264 mil-
of this criticism is that price elasticities imply a lion for TC by EFTA in 1967, employing 1958 values,
level of sophistication not relected in the meth- while the use of 1967 values themselves together with
ods employed: without equations depicting supply DVs made the results increase by 92 per cent. Note
conditions, there would arise identiication prob- that Aitken’s results were the only ones to be estimated
lems which would bias estimates of price elastici- over a sequence of years. Even though these estimates
ties towards zero; the negative of supply conditions are fairly consistent with the others, they tend to form
implied that the price elasticities of supply would an upper bound in some instances – for example, in
be ininite. Note that Balassa’s (1974) calculation 1965 they were three to four times as large as the lower
of ex post income elasticities incorporated supply bound. But one should hasten to add that the absolute
constraints, but for the pre-integration situation as magnitude of all the estimates was small. he main
well. Moreover, Sellekaerts (1973) demonstrated reason for these diferences was the variability in the
that income elasticities varied widely over both the estimated parameters from year to year, indicating that
pre- and post-integration eras. Hence, the selection to project with ixed parameters one needs to take great
of appropriate periods for comparison purposes is care; this was conirmed in a disaggregated study by
of the utmost importance. Bluet and Systermanns (1968). Mayes (1978, pp. 11–12)
(b) Inclusion of supply parameters argued that much of the variability in the estimators
he explicit incorporation of supply conditions would occurs because a cross-section cannot represent a rela-
improve the speciication of models since trade tionship which responds to cycles in economic activity
between any two countries is determined by param- and the very process of trade liberalization in general.
eters within both of them. he simplest method of Pooling data helps to some extent, but the model’s
dealing with this was built on the premise that, under main disadvantage is the omission of relative prices.
normal circumstances, trade between any two coun- Verdoorn and Schwartz (1972) tried to tackle this
tries would be purely a function of the total trade of drawback in their second model, where they combined
each of the two countries. Most particularly, the trade the advantages of the gravity method with the efects
between any two countries would vary proportionately of prices, both on the overall demand for imports
with the total exports of the exporting country and and the substitution between imports from diferent
the total imports of the importing country in the anti- sources. While the results were mainly calculated on
monde. he RAS advanced by Stone and Brown (1963) a residual basis, two DVs were used to explain some
was the earliest input–output model to be adapted by of the residual, but the explanation was statistical,
Kouevi (1964) and Wealbroeck (1964) for this purpose. not economic. he results are given in Table 9.3; they
Measuring the economic impact of European integration 133
Table 9.3 Comparing the 1974 Resnick and Truman Table 9.4 A comparison of the effects of different
(R&T) estimates of trade creation and trade diversion anti-mondes on the imports of the EEC and EFTA in
in the EEC and EFTA with the 1972 Verdoorn and 1969 ($ million)
Schwartz estimates (V&S) ($ million)
Anti- Exporter Importer
Trade creation Trade diversion monde
EEC EFTA
R&T V&S R&T V&S
[1] 5,091.00 −1042.00
1968 1969 1968 1969 [2] EEC 1,081.00 −3610.00
[1]/[2] 5.00 0.29
EEC [1] −2258.00 2542.00
BLEU 152 913 281 183 [2] EFTA −1594.00 2644.00
Netherlands 93 868 190 216
[1]/[2] 1.42 0.96
W. Germany −659 3,874 1,732 267
[1] W 2,833.00 −1500.00
Italy 1,022 1,336 62 154
France 582 3,073 737 248 [2] 576.00 966.00
Total 1,190 10,064 3,002 1,068
Note: W is the rest of the world.
EFTA
Source: Mayes 1978, p. 13
UK 81 204 394 249
Other EFTA 131 161 231 547
Total 212 365 625 796
observed earlier, it is also apparent that Lamfalussy’s
EEC+ 1,402 10,429 3,627 1,864
EFTA pessimistic conclusions were largely due to a limited
period of observation: the irst three years in the EC’s
Source: Mayes 1978, p. 12 life. his was demonstrated by Williamson and Bottrill
(1971), by using more observations and sophisticated
extrapolation methods of the anti-monde shares; their
approach, however, does not allow one to estimate TC/
generally conform with the broad results, thus indicat- TD without introducing further assumptions concern-
ing that more sophisticated models do not leave us ing their relative sizes.
much the wiser. hird countries can be used as a ‘control’ group
(c) Incorporating information from third countries or a ‘normalizer’ for estimating what the anti-monde
Estimation using the share approach, without incor- would have been by incorporating them explicitly in
porating supply factors, could include third country the model. Kreinin (1972) does so by adapting the
behaviour. Lamfalussy (1963) showed that if one took technique of projecting the anti-monde on the basis of
into consideration the change in the shares of trade predicted import/consumption ratios. he advantage
of W and EC MSs in other markets, where neither was of this method is that it allows one to observe more
afected by economic integration, as the basis of one’s clearly how the normalization procedure works, and,
expectations of how shares in Ps’ markets would have therefore, should enable one to evaluate the tenability
changed in the absence of integration, one would get or otherwise of the assumptions on which it is built.
a diferent set of answers relative to those from trend However, it is an illusion to believe that a control
extrapolation in MSs’ markets alone. his is shown in group can be found, particularly for such schemes of
Table 9.4, where the diferences depict a fairly clear integration as EC and EFTA, since the control variables
pattern: the share of EC exports in both EC and EFTA themselves are afected by the very experiment one is
imports is much greater under the irst hypothesis, seeking to isolate.
and the share of W in both markets falls under the irst (d) Estimation of the anti-monde
hypothesis but rises under the second. EFTA shares in We have observed that the number and range of esti-
both markets are greater under the second hypothesis, mates of the impact of economic integration of the
but only very marginally so for intra-EFTA trade. As we unaccounted-for residual are large, and it should be
134 Ali El-Agraa
apparent that, the more relevant parameters that are is also a fair amount of evidence, at the microeconomic
incorporated into the estimation of the anti-monde, the level, to suggest that the pricing of imports of many
more acceptable the results. Also, the incorporation of commodities depends mainly on the prices of existing
such reinements as disaggregation and intermediate competing domestic products. It is even suggested that
products should lead to even more satisfactory results. the situation is far worse since importers tend to antici-
However, the results of the study by Prewo (1974), pate tarif changes, indicating that the growth of trade
shown in Table 9.1, gave a very diferent pattern of esti- will anticipate the ‘determining’ tarif changes; see
mates relative to other models, but this may be attribut- Walter (1967). Moreover, the attempts by Krause (1962)
able to the simplicity of some of his other assumptions. and Kreinin (1972) to calculate the tarif elasticities
Yet the problem of establishing a hypothetical anti- directly have not been successful. Mayes (1974) dem-
monde is in itself not an attractive proposition: while ‘it onstrates that the estimates from this method do not
is possible to point out the existence of biases it is not correspond closely to those from the residual models.
possible to know whether an unbiased estimate has Since diferent goods and/or nations are unlikely
been achieved, one can merely judge on the grounds to behave in an identical fashion, one should expect
of plausibility’ (Mayes 1978, p. 15). Plausibility is deter- that the greater the extent of disaggregation, the more
mined by the incorporated parameters, not just in the reasonable the estimates will be. Mayes (1971) uses a
importing and exporting countries, but also in the way ninety-seven-commodity breakdown of manufactures
they inluence the trade cycle and changes in world and allows for a complete system of demand equations,
prices. Hence it is necessary to develop analytic models with the volume and price of imports from each coun-
that are capable of explaining actual trade lows and try being distinguished to give a whole matrix of direct
their changes, as opposed to the estimation of anti- substitution elasticities (with those of Barten 1970)
mondes and the imputation of residual diferences to to reach estimates for a projected Atlantic Free Trade
determine the impact of economic integration. Area comprising Canada, EFTA, Japan and the USA.
hese results are given in Table 9.4. hey display an
Analytic models expected pattern of signs for overall TC and TD, and are
By analytic models one means methods that provide an also robust to quite signiicant changes in the variables.
economic rationale for the actual situation after eco- Other estimates utilize more global values, based on
nomic integration has taken place. Such approaches either simple assumptions or crude extrapolation from
are vital for all ex ante methods, since the future values calculations for the USA; the diferent sets of assump-
of trade lows are not known. Owing to the inherent tions employed by Balassa (1967), Kreinin (1967) and
complexity of prediction, such models are usually very Krause (1968) lead to estimates given respectively in
simple and rely mainly on economic behaviour in the columns (3) and (4) of the table, as recalculated by
importing country. As we have seen, they assume that Mayes (1978). he results are somewhat similar, but
imports are determined by a measure of income or this is attributable to ofsetting changes: greater TC
economic activity and the level of prices of imported being matched by greater TD. However, the striking
and domestic products. herefore, on the premise of feature of these results is that they are small relative to
a relationship between tarifs and prices, TC can be those given by residual models – for example, Kreinin
predicted from the change in the level of tarifs. Also, if (1969) found the efect of EC formation for the period
one has knowledge about the elasticity of substitution 1962–5 to be less than $100 million.
with regard to changes in prices between Ps and W, one More elaborate models (Armington 1970; Resnick
can estimate TD. and Truman 1975) allow for the determination of
his simple method will not provide acceptable imports by a series of allocation decisions, while the
estimates, even if more sophisticated import demand studies by Balassa (1967) and Kreinin (1967) use simple
functions are incorporated, unless the efect of price assumptions for supply constraints, but, as can be
changes on the level of prices can be explained. he seen from Tables 9.1 and 9.2 (pages 130 and 131), the
EFTA Secretariat (1969) expected prices to fall by the estimates of these models do not it happily with those
amount of tarif changes, but it turned out that only from the residual models – for example, the estimates
part of the tarif changes seemed to be passed on. here of TD from the Resnick and Truman model are only
Measuring the economic impact of European integration 135
one-eighth of those from Verdoorn and Schwartz’s Clearly, this method sufers from the same limita-
(1972). Also, because the establishment of CETs meant tions as the static models: equating tarif changes and
that West Germany had to raise its tarif level, TC is consequent price changes, and attributing all changes
negative in the analytic case, but is the largest positive to economic integration.
estimate in the residual model. his indicates that fac-
tors other than tarif changes had a very substantial and A critique of previous studies
positive efect on West Germany’s post-EC trade. here here is no need to ofer a criticism of the pioneering
is, therefore, much more to be explained that is not studies. his is because each new study justiies its
covered by the analytic models and cannot be covered undertaking by pointing out the limitations of previ-
by the residual ones. ous studies. So this section is limited to a few general
However, the main attraction of the analytic models criticisms. Before doing so, however, one should have
is that they can be tested after the event and can be noticed the absence of any estimates on the efects of
used for forecasting as well as for ex post estimation. economic integration on t/t, and this is because it has
In this respect, the models used by Grinols (1984) and been almost non-existent; there will be some men-
Winters (1984), which cannot be discussed here owing tion where appropriate, but a whole section cannot be
to space limitations, are a sort of improvement (see El- justiied.
Agraa 1999). First, practically all the studies assume that the for-
mation of the EC or EFTA has been the sole factor to
Dynamic studies inluence the pattern of trade. Since the EC and EFTA
he static models are predominantly concerned with were established more or less simultaneously and were
the impact of price changes alone on the level, compo- of equal economic size, this must cast great doubt on
sition and pattern of trade. However, it could be argued the indings.
that the static models leave out the most dominant Second, most of the later studies ignore the fact
efects of economic integration. his is due to the fact that the UK used to be a member of EFTA before
that the feedback into incomes and the rate of economic joining the EC. Since the UK is a substantial force as
growth, or the necessity for the use of expenditure- a member of either scheme, it seems misleading to
switching policies for balance-of-payments equilibrat- attempt estimates that do not take into consideration
ing purposes, may be considerable and either positive this UK switch.
or negative. For example, Kaldor (1971) argues not only hird, in the period prior to EC/EFTA formation, cer-
that EC membership will inlict costs on the UK, but tain signiicant changes were happening on the inter-
that the costs will be reinforced by adverse dynamic national scene. he most important of these was that
efects. However, there are very few estimates of the discrimination against the USA was greatly reduced.
dynamic efects, with Krause (1968) being the excep- It seems far-fetched to assume, as many of the studies
tion. Krause tries to explain changes in the rate of real have, that such developments had no efect whatsoever
economic growth in the EC and EFTA by increasing on EC/EFTA trade patterns.
business investment and eiciency. he expectation Fourth, all the studies, except for Truman’s (1975)
is that an increase in the ratio of investment to GDP and, to some extent, Winters’ (1984), dealt with trade
will increase capital accumulation, and if the marginal data in spite of the fact that a proper evaluation of
capital/output ratios are constant, both output and the the efects of economic integration requires analysis
rate of growth must increase. But the ixity of the capi- of both trade and production data. TC indicates a
tal/output ratios automatically excludes economies of reduction in domestic production combined with new
scale which lie at the very heart of the dynamic efects. imports of the same quantity from the partner, while
he increase in eiciency is due to a decrease in input TD indicates new imports from the partner combined
costs from imports; hence the increase in the ratio of with fewer imports from the rest of the world (W) and a
imports to output is estimated and multiplied by the reduction in production in W.
average tarif rate to calculate the income efect of the Fifth, tarifs are universally recognized as only one
cost reduction, and this can be expressed as an annual of the many trade impediments, yet practically all the
rate. studies, except Krause’s (1968) and Prewo’s (1974), are
136 Ali El-Agraa
based on the assumption that the only efect of integra- lows between their member countries and between
tion in Western Europe was on discriminatory tarif the member countries and the USA, Japan, Canada
removal. NTBs are everywhere; witness France’s diver- and Turkey for the period 1979–88. He inds a sig-
sion of Japanese video recorders to Poitiers (poorly niicant medium-term potential for export growth from
manned for customs inspection) to slow down their Western to Eastern Europe, with Germany being the
penetration of the French market (see El-Agraa 1988a). largest potential beneiciary. CEECs and FSR countries
Finally, the Dillon and Kennedy Rounds of tarif also enjoy potential for enhanced exports to the EU
negotiations resulted in global tarif reductions which and EFTA countries, but exports to other CEECS and
coincided with the irst stage of the removal of tarifs FSR countries are expected to fall. He also allows for
by the EC. Does this not mean that any evidence of an increase in per capita incomes of CEECs and FSRs
external TC should be devalued, and any evidence of as they approach the levels of poorer West European
TD undervalued? countries, and inds that the West European coun-
tries’ exports to Eastern Europe rise by 10–15 per cent
annually over several decades.
9.7 A taste of the latest estimates Rose (1999) assesses the efects of EMU on trade by
estimating for 186 countries for ive diferent years,
As mentioned at the beginning of this chapter, the beginning with 1970 and at ive-year intervals thereaf-
latest estimation techniques are more or less reine- ter, to inish in 1990. He is able to explain 63 per cent of
ments of the old, so in this section only a sample of trade lows, with all the expected results. Also, vitally,
these are considered. he inds that exchange rate volatility (measured by the
standard deviation of bilateral nominal exchanges in
the preceding ive years) has a strong negative efect
9.7.1 Gravity’s pull
on trade, and the single currency has an even larger
Gravity has become the standard technique for the positive impact.
measurement of the efects of economic integration. Bayoumi and Eichengreen (1995) utilize a gravity
Bayoumi and Eichengreen (1995), Frankel (1997), equation estimated in diferences rather than levels so
Wang and Winters (1991), Baldwin (1994), Rose (1999) that variables that do not change over time could be
and the CEPR/EU Commission (1997) have all used ignored – for example, distance. Also, being concerned
it in major exercises. However, only the irst two have about the omission of third-country inluences in pre-
come up with unique changes to the gravity equation, vious studies, they included a variable for each coun-
with the rest making a fairly straightforward applica- try’s real exchange rate vis-à-vis the US dollar to serve
tion of it. herefore, the irst two must be tackled, but so as a proxy for competitiveness. he model is estimated
too must the last, simply because it is about SEM, and for twenty-one industrial countries over three separate
hence of direct relevance to Chapter 7, where techni- periods during 1953–92, when EEC MSs expanded from
calities are avoided. six (irst period) to nine (second) to twelve (third). hey
Nevertheless, here is a brief statement on what the ind that EEC/EFTA formation signiicantly impacted
others have done. Wang and Winters (1991) analyse on their trade. For the irst period, intra-EEC trade
the efects of increased integration between Western increased annually by about 3.2 per cent, due to both
and Eastern Europe, following the collapse of com- TC and TD, and for EFTA by 2.3 per cent, all TC.
munism and the demise of the CMEA, by estimat- he accession of Denmark, Ireland and the UK in the
ing bilateral trade lows between seventy-six countries second period increased their intra-trade signiicantly
over the period 1984–6, excluding the Central and faster than the model’s predictions, again due to both
East European countries (CEECs) and former Soviet TC and TD. In the third period, when Greece (1981)
Republic (FSR) countries. heir results predicted a big and Portugal/Spain (1986) joined, intra-nine trade with
increase in trade between Western and Eastern Europe, the three new MSs also increased faster than predicted
but a reduction in trade between the CEECs. by the model, entirely due to TC in the Portugal/Spain
Baldwin (1994) estimates the efects of increased case.
integration between the EC and EFTA using trade Frankel (1997) employs a gravity model to estimate
Measuring the economic impact of European integration 137
the explanatory power of all the conventional variables exercise was carried out for the manufacturing sectors
determining a comprehensive cross-section of data and found that for manufacturing as a whole, the fall in
covering the period 1965–94. He adopts ordinary least the domestic producers’ share is 2.3 per cent, with EU
squares to estimate an equation that includes total producers increasing their share by 0.5 per cent and W
bilateral exports and imports as the dependent varia- by 1.8 per cent. In other words, the impact of SEM was
ble, and GNP, per capita GNP, distance, adjacency, lan- overwhelmingly one of both internal and external TC.
guage and membership of a regional trading scheme as
the independent variables. Five separate trading blocs
9.7.2 Computable general equilibrium
were included in the equation. Bilateral trade lows
models
from the UN’s trade matrix covering some sixty-three
countries were included. An estimated 75 per cent of he use of computable general equilibrium (CGE)
all bilateral trade lows were explained by the model. models in this ield is somewhat recent. he CEPR/
With regard to Europe, integration had a positive efect EU Commission (1997) employs one to simulate SEM
on trade lows between MSs, although much depended efects for twelve countries and 118 manufacturing
on whether the EU15 or EC12 is considered to be the industries. It comprises two sectors, one perfectly com-
relevant trading bloc. For the EU, there was no statisti- petitive for non-agriculture, the other imperfectly com-
cally signiicant efect until after 1985. By 1990, trade petitive for manufactures. Both products are presumed
between EU MSs was found to be 35 per cent more to be diferentiated and subject to economies of scale.
than trade between two similar countries. he EC bloc CGE models operate in two stages. In the irst, the
efect was stronger, but not statistically signiicant until model is calibrated for a base year, for which the mod-
1980. he results indicate that by 1992 bilateral trade el’s equations are estimated for a particular year using a
between any two EC MSs was 65 per cent higher than data set containing values for all the variables involved.
it would have been in their absence. Both the 1973 But not all parameters are estimated, they are simply
and 1985 enlargements are found to have contributed borrowed from available studies – an act once labelled
about half of the increase. ‘junkyard econometrics’. In the second, the model goes
he CEPR/EU Commission (1997) used three through a number of external shocks to simulate what
demand equations for ifteen three-digit sensitive is being estimated. he outcome is contrasted with the
goods sectors for France, Germany, Italy and the UK anti-monde: what would have happened without SEM
to estimate the efects of the creation of the single in this case.
European market (SEM; see Chapter 7). he equa- he CEPR/EU Commission uses ex ante as well as
tions estimate the share of nominal, sectoral expendi- ex post simulations. he ex ante exercise simulates the
ture accounted for by domestically produced goods, SEM’s possible impact on intra-EU trade costs by bor-
intra-EU imports and extra-EU imports. A separate DV rowing sectoral estimates from Buigues et al. (1990).
is included to capture the efect of SEM creation, which hese are then incorporated into the model for 1990
was expected to afect trade lows not only through the and the impacts on the equilibrium are recalculated.
direct efects of reductions in trade costs on demand, It is found that the share of domestic producers in
but also through the indirect efects of enhanced com- home consumption falls by just over 2 per cent in most
petition and reductions in price-cost margins. Separate MSs, while EU producers’ share is enhanced by about
price equations for each of the sectors covered are 3 per cent and W’s declines by less than 1 per cent.
utilized to estimate these indirect, supply-side efects. his suggests that roughly two-thirds of SEM’s efect
he estimated impact of SEM on price-cost margins is on intra-EU trade is TC, with TD accounting for the
then used to simulate the impact of price reductions on remaining third.
trade lows, applying the estimated demand equations. he ex post simulation required a reverse operation.
hey ind that the overall SEM impact is a reduction he necessary changes in trade costs for reproducing
of 4.2 per cent in the domestic producers’ share in the the equilibrium in import penetration that actually
ifteen sectors covered, and a rise of 2.1 per cent in materialized between 1988 and 1994 are calculated on
the share of EU producers and of 2 per cent in that of the presumption that producers only had time to make
W. he results are summarized in Table 9.5. A similar minor adjustments to the changes occurring during
138 Ali El-Agraa
Glassware –1.3 –0.1 +1.4 +0.7 –0.1 –0.5 –0.7 –0.2 +0.9
Ceramics –4.2 +1.8 +2.4 –0.2 +0.3 –0.1 –4.4 +2.0 +2.4
Basic industrial –4.3 +2.5 +1.8 +1.1 –0.7 –0.3 –3.3 +1.8 +1.5
chemicals
Pharmaceuticals –1.9 +0.4 +1.5 –0.1 +0.2 –0.1 –2.0 +0.5 +1.4
Boiler making, etc. –5.3 +4.4 +0.9 +0.9 –0.9 +0.0 –4.4 +3.5 +0.9
Machine tools for –2.0 –2.2 +4.2 –0.6 +0.2 +0.4 –2.6 –2.0 +4.6
metals
Machine tools for –7.4 +3.0 +4.4 +0.5 –0.4 –0.1 –6.9 +2.6 +4.3
foodstufs
Plant for mines –1.7 +1.0 +0.7 +1.1 –0.6 –0.5 –0.6 +0.4 +0.2
Oice machines –7.8 +2.8 +5.0 +1.1 +0.1 –1.2 –6.7 +3.0 +3.8
Tele- –2.7 +1.7 +1.0 +1.0 –1.5 –0.5 –1.7 +0.2 +1.5
communications
equipment
Electronic –15.7 +4.6 +11.1 +4.0 –2.2 –1.8 –11.7 +2.2 +9.5
equipment
Motor vehicles –4.9 +3.7 +1.2 +0.3 –0.7 +0.3 –4.6 +3.0 +1.5
Aerospace –15.3 +14.6 +0.8 +7.0 –2.5 –4.4 –8.3 +12.0 –3.8
equipment
Brewing and –6.3 +5.9 +0.4 +1.5 –1.4 –0.1 –4.8 +4.5 +0.3
malting
Clothing –2.9 –2.5 +5.4 +0.7 –0.5 –0.2 –2.1 –3.1 +5.2
Weighted average –5.4 +3.0 +2.5 +1.2 –0.8 –0.4 –4.2 +2.1 +2.0
for 15 sensitive
areas
Rest of –0.4 –0.9 +1.3 +0.8 +0.4 +0.4 –1.2 –0.4 +1.7
manufacturing
Aggregate –2.2 +0.5 +1.7 –0.1 +0.0 +0.1 –2.3 +0.5 +1.8
manufacturing
the period. Of course, they are assumed to be fully of W fell by roughly 0.5 per cent. However, no consid-
adjusted in the long term. Two simulations then ensue: eration is allowed for a decline in extra-EU trade costs
the irst based on price-cost margins being ixed (due that SEM may have generated. In a second simulation,
to absence of competitive behaviour); and the second the results of a fall in extra-EU trade costs are calcu-
based on the full SEM impact being realized. Again, lated; Table 9.6 provides their summary.
the outcome is contrasted with the anti-monde – what
would have happened without SEM. It is found that
9.7.3 Intra-industry trade
in the case of manufacturing as a whole, the share of
domestic producers fell by about 1.5 per cent, whereas Soon after the estimation exercises got under way,
that of EU producers increased by 2 per cent. Also, that it became clear that countries traded varieties of the
Measuring the economic impact of European integration 139
Table 9.6 Changes in trade patterns in manufactures resulting from SEM: an ex post simulation
same products (cars, computers, etc.), rather than have vertical IIT of more than 4 per cent. Denmark,
exchanging those of diferent industries as predicted Greece, Portugal and Spain have high levels of inter-
by the traditional Heckscher-Ohlin-Samuelson (HOS) industry trade. Ignoring Denmark, this suggests a posi-
model. his is called intra-industry trade (IIT), as tive relationship between IIT and the level of economic
against the inter-industry trade of the HOS model (see development. Also note the increase in IIT in all but
El-Agraa 1989b, Chapter 16). Balassa (1974) was the Ireland and Denmark.
irst to apply this to the estimation of economic inte-
gration efects on trade. He was followed by Grubel
and Lloyd (1975), Greenaway and Hine (1991), the 9.8 Estimating the income effects
CEPII/EU Commission (1997) and others. Here, space
is devoted to the last simply because it is of relevance to In reviewing the studies above we have concentrated
SEM and is relatively recent. on measuring the impact of economic integration on
CEPII/EU Commission (1997) measures IIT for what trade. What about the efects on real incomes? Balassa
is termed ‘vertical’ (diferentiated goods being of dif- (1974) estimates the welfare gains from TC in manu-
ferent quality) and ‘horizontal’ (products are identical facturing in 1970 to be $0.7 billion. He achieves his
in their use of the same technology and cost equality, estimates by multiplying the increase in trade in this
but difer in minor respects which are nonetheless of sector, $11.4 billion, by half (see Chapter 6) a 12 per
particular signiicance for the consumer – for example, cent average tarif. With minuscule TD, this amounts
whether the same car model is red or yellow). Bilateral to 0.15 per cent of GNP. In the case of agricultural
trade lows in about 10,000 diferentiated products products, of $1.3 billion, and a 47 per cent average
during 1980–94 are examined. It is found that that IIT external rate of protection, the loss is estimated at $0.3
has increased during the period, mainly in the verti- billion.
cal rather than horizontal IIT. Table 9.7 summarizes Many explanations can be advanced for such trivial
the results. Note that France, Belgium-Luxembourg changes. Among these are that trade forms a small
and Germany have, in that order, levels of horizontal percentage of GDP; tarifs are greatly reduced through
IIT in excess of 20 per cent, while the UK, Germany, GATT rounds; and gains from enhanced variety due
France, Belgium-Luxembourg and the Netherlands to increased IIT are not amenable to measurement.
140 Ali El-Agraa
Table 9.7 Share of inter-industry and intra-industry trade in intra-EC trade (% change), 1987–1994
Also, time is of the essence if gains from intra-industry welfare gains are only 0.67 per cent. Note that Owen
specialization are to be realized, and, as Keynes is strongly criticized for extrapolating from a limited
vehemently uttered, in the long run we are all dead. selection of industries.
Economies of scale are due to increased plant speciali- Finally, there are the beneits attributed to SEM, cal-
zation and longer production runs, rather than plant culated on behalf of the Commission by Paolo Cecchini
size. Expanding the number of varieties available, IIT (then governor of Italy’s central bank, although
also enhances competition among producers, which Emerson (1988) is known to have been the driving
may lead to the elimination of X-ineiciency (mana- force) and fully set out in the voluminous Cecchini
gerial slack). If producers respond to this process by Report (CEU 1988a). Here the method is to calculate
cutting their prices, consumers stand to gain a further the cost of non-Europe by estimating the welfare gain
boost in their real incomes. from removing a wide range of NTBs. On the assump-
hus Owen (1983) tries to capture the gains from tion of passive macroeconomic policies, the gains are
economies of scale and enhanced competition. estimated at ECU (=$) 70–190 billion, or 2.5–6.5 per
Calculating the eiciency gains in three manufactur- cent of EC12 GDP, spanning a ive-year period or more,
ing industries, he inds gains of 54 per cent for washing and an increase in employment of about two million
machines, 135 per cent for refrigerators, 53 per cent for jobs. With macroeconomic policy support, they rise to
cars and 4 per cent for trucks. Also, he inds savings in 7 per cent for EC12 GDP and about ive million jobs.
costs due to the elimination of high-cost marginal pro- However, this is essentially an ex ante estimate; but,
ducers in importing countries. he total beneit from as pointed out in Chapter 7, both the Commission itself
the two efects for the EEC six MSs is found to be 3–6 per and other researchers have conducted ex post studies
cent of their combined GNP. In contrast, the pure static (those interested are advised to turn to that chapter).
Measuring the economic impact of European integration 141
Table 9.8 The effects of economic integration on the growth rate of member states, 1961–72 and 1974–81
1961–72 1974–81
9.9 Economic growth effects extent, Germany are negatively afected, there is a size-
able positive impact on economic growth. As to the
he pioneering studies make little attempt to measure second period, all countries, except Denmark, expe-
the efect of economic integration on the rate of eco- rienced faster growth. he total efect is that EC GDP
nomic growth. Balassa (1974) inds that EC formation is 2.2 per cent higher than it would have been had
adds another 1 per cent to GNP, due to increased integration not taken place, and, by 1981, 5.9 per cent
savings and investment. his enhances the growth higher.
rate by 0.05 per cent. And if economies of scale are Baldwin (1989) is unhappy with the Cecchini Report
exploited, leading to further new investment (ixed (CEU 1988a) and Emerson et al. (1988) SEM estimates
investment in EEC6 GNP did rise from 21 per cent in of potential economic gains due to their once-and-for-
1958 to 25 per cent in 1970), another 0.2 per cent will all nature. He distinguishes between two efects on
be added. economic growth: medium-term acceleration due to
Marques-Mendes (1986) utilizes a simple balance of higher incomes boosting savings and investment; and
payments constrained growth model, based on that of long-term additions because the increased investment
hirlwall (1979, 1982), for the same purpose. he model rates induce further increases in other parts of the econ-
makes use of the foreign trade multiplier, whereby omy. Starting with the Cecchini estimates (above) and
an increase in export volume causes an increase in applying a Romer (1986) endogenous growth model,
output, not only in the exporting country, but also in he inds that SEM enhances the EC’s rate of long-term
trading partners, through an increase in imports. Some growth by 0.28–0.92 percentage points. Although this
of the increase in output in trading partners returns to might appear trivial on irst sight, it actually amounts
the country that experiences the initial export expan- to a boost in EC GDP of 11–35 per cent. Whatever went
sion through increased imports by trading partners. wrong?
he size of the foreign trade multiplier depends on Finally, Henrekson et al. (1996) adopt an economet-
the income elasticity of demand for imports in both ric analysis to inform us further. hey use a base regres-
countries. However, the extent to which output can sion, in which the average growth rate of real per capita
grow is constrained by the need to achieve balance of GDP is a function of the initial real per capita GDP,
payments equilibrium. Marques-Mendes’ indings for schooling years, the investment/GDP ratio, a DV vari-
the two integration periods, 1961–72 and 1974–81, are able for EC/EFTA membership, and the real exchange
summarized in Table 9.8. rate to separate the efects of regional integration from
For the irst period, although France and, to some those of trade policy in general. For the period from
142 Ali El-Agraa
4. How can one distinguish between ex ante and ex post-integration period in precisely the same fashion
post studies in this ield? as it had during the pre-integration period 1954–9 (see
5. What are residual models? EFTA Secretariat 1969, 1972).
6. What are analytical models? 4 We believe that the most promising hypothesis is that
originally introduced by Lamfalussy. According to this,
7. What are dynamic studies in this ield?
the share performance of the jth supplier in markets
8. What is the gravity equation?
where he neither gains nor loses preferential advantages
9. What is intra-industry trade?
gives a good indication of his hypothetical perform-
10. Of all the studies reviewed in this chapter, which ance in markets which were in fact being afected by
one would you single out, and why? integration. W provides a control which indicates what
11. Evaluate the proposition that no study of the eco- share performance would have been in EEC and EFTA
nomic efects of regional integration should be markets if these two organizations had not been formed
taken seriously. (Williamson and Bottrill 1971, p. 333).
12. Prognosticate on how you would go about trying to he methods selected are:
estimate the impact of economic integration. 1. Using an a priori formula which ensures that
the predicted gain in market shares will be
small if the previous market share was either
F U RTH ER READ I NG
very small or very large.
El-Agraa, A. M. (1999) Regional Integration: Experience, 2. Extrapolating from a regression of data on rela-
heory and Measurement, Macmillan, London; tive export shares.
Barnes and Noble, New York. 3. Assuming that market shares would have
Frankel, J. A. (1997) Regional Trading Blocs in the World remained constant in the absence of economic
Trading System, Institute for International Economics,
integration.
Washington D.C. 5 Prewo (1974a, b) uses a gravity model (see note 7
below), which links EC countries’ national input–output
tables by a system of trade equations. In this model,
N OT ES
trade between EC MSs is assumed to be proportional to
1 See, for instance, Verdoorn (1954), Janssen (1961), demand in the importing, and supply in the exporting,
Krause and Salant (1973a) and the EC study discussed country and inversely proportional to trade impedi-
in Chapter 7 (page 111). ments, whereas extra-area imports are assumed to
2 Ex post income elasticities of import demand were be related to demand in EC countries. In this model,
deined as the ratio of the average annual rate of change changes in inal demand have a direct efect on imports
of imports to that of GNP, both expressed in constant of inal goods, as well as an indirect efect through
prices. Under the assumption that income elasticities of their impact on the imports of inputs for domestic
import demand would have remained unchanged in the production.
absence of integration, a rise in the income elasticity of he basis of the analysis is that the ‘diference between
demand for intra-area imports would indicate gross TC the actual trade lows of the customs union and the
(increases in intra-area trade), irrespective of whether hypothetical trade lows of the customs union’s [anti-
this resulted from substitution for domestic or for for- monde] is taken to be indicative of the integration
eign sources of supply. In turn, a rise in the income efects’ (Prewo 1974, p. 380).
elasticity of demand for imports from all sources taken 6 It basically consists of eight similarly speciied country
together would give expression to TC proper – that is, a models, which are linked by bilateral trade equations
shift from domestic to partner-country sources. Finally, and equations specifying the formation on import and
TD, a shift from foreign to partner-country producers, export prices (Barten et al. 1976, p. 63).
would be indicated by a decline in the income elasticity 7 A gravity model attempts to explain bilateral trade lows
of demand for extra-area imports (see Balassa 1975, p. between pairs of countries by variables drawn from
80). both importing and exporting countries. he standard
3 he EFTA Secretariat’s study is based on the assumption variables in a gravity equation are the two countries’
that had EFTA not been established, the import share GNP/GDP, population and geographical distance sepa-
in the apparent consumption of a particular commod- rating them. he equation incorporates both supply-
ity in any EFTA country would have developed in the and demand-side trade determinants. he importer
144 Ali El-Agraa
country’s GNP/GDP has a positive inluence on trade Using logarithms, the regression equation looks like
lows, and so does the exporting country’s. he importer this:
country’s population can also be expected to increase
log Xij = log A + blogYi + blogYj + mlogHi
the demand for its imports, but that of the exporting
+ mlogHj + glogNi + glogNj + alogDij
country exhibits a negative relationship with its exports.
+ logeij
his is due to population being a proxy for size, which
leads to greater self-suiciency. Naturally, distance has where i and j stand for countries, Y is GDP, H is geo-
a negative efect on trade lows. Additional DVs can be graphical size, N is population, D is distance between
added (see page 132) for countries next to each other the two countries and e is the error term. Such an equa-
and/or with a common language or cultural ainity. tion is then estimated using ordinary least squares.
Part III EU monetary integration
Part III covers all aspects of that far-reaching and most demanding element of
integration, monetary uniication, including the adoption of a single currency. he
three chapters cover, respectively: the theoretical analysis of the gains and losses
from economic and monetary union (EMU); the EU developments that have led to
the present situation, where twelve of the ifteen pre-2004 EU member nations are
using the euro as their only currency, and where all countries acceding after that
are obliged to join them when deemed it, with ive of them already having done so
by 1 January 2007; and the management of the euro by the European Central Bank
(ECB) and how the euro is operated.
The theory of monetary integration
10 AL I E L - AGR AA
Chapter 6 was devoted mainly to a theoretical analy- he acronym EMU is often misinterpreted as European
sis of the economic consequences of tarif removal, monetary union. his is understandable because the
the establishment of the common external tarif (CET) largest element of EMU (economic and monetary
and factor mobility – that is, the common market union) has been the setting up of the EU’s monetary
(CM) aspects of regional integration (see Chapter 1). union, with the establishment of a single currency, the
However, economic and monetary union (EMU) is by euro, and the new central banking system to run it. he
far the most challenging commitment for any scheme provisions of the treaty setting up EU EMU are heavily
of economic integration. herefore this and the two dominated by the monetary aspect and it is this which
subsequent chapters deal in turn with: the theoreti- forms the heart of the present chapter.
cal analysis of EMU (this chapter); the current and However, in a unitary country, or even a fairly weakly
planned development of the EU’s European monetary federal one, economic and monetary integration would
union (Chapter 11); and an appraisal of the operation involve having a countrywide iscal policy as well as a
of the EU’s EMU (Chapter 12). Between them, these single monetary policy. Arrangements vary as to how
chapters explain the reasons for the challenge, as well much of iscal policy is handled at the country/federal
as tracing EU endeavours in this respect. level and how much at lower state/regional levels. But
his chapter begins by explaining the diferences the norm is that the largest proportion of government
between the ‘monetary’ and ‘economic’ parts of EMU. expenditure and revenue is at the federal level, which
Concentrating on the economic, it then provides the also imposes some limitations on what the states/
proper deinition of EMU, permanent ixity of member regions can do, even in very loose federations. he
nations’ (hereafter, ‘member’ stands for ‘member EU, however, has not attempted this level of integra-
nation’) exchange rates and the complete mobility tion. he centralized budget amounts to only around
of capital between them, and what requirements are 1 per cent of EU GDP (see Chapter 19) and at this level
needed to satisfy it. hen the economic aspect of mon- cannot constitute a real macroeconomic policy instru-
etary union is discussed, and the role of iscal policy ment. It is a structural budget whose form is largely set
analysed. Two sections follow dealing respectively with for periods of around ive years. It is thus both too small
the expected beneits and costs of EMU. A clariication and too inlexible to be used in any sense to manage the
of elements identiied in the costs follows. he chap- path of the EU economy in either real or nominal terms.
ter inishes with conclusions. It should be stressed, he EU adopts a diferent approach, which is to con-
however, that a proper understanding of what is in strain the ability of the members to run independent
this chapter requires prior knowledge of international iscal policies. here are three types of constraints. he
monetary economics, hence of monetary economics, irst are laid down in the treaty, as part of the condi-
as well as of public economics. tions for EMU membership – the so-called Maastricht
criteria. hese are considered in detail in the next chap-
ter, but in the present context they can be regarded
as constraints designed to impose prudence on iscal
policy so that no one country’s debt can start to raise
147
148 Ali El-Agraa
the interest rates/lower the credit ratings of the other degree of automatic or discretionary coordination is
EMU countries. he constraints relate to the ratio of diicult to estimate before the event. his makes the
debt to GDP as a measure of long-run sustainability, assessment of the impact of monetary integration a
and to the ratio of the government deicit to GDP in the somewhat uncertain exercise.
short term.
he second set of constraints operationalizes the
membership requirements for the continuing behav- 10.3 What is monetary integration?
iour of the members inside EMU. hese constraints
are known as the Stability and Growth Pact (SGP) and Monetary integration has two essential components:
are also dealt with in Chapters 11 and 12. he coordi- an exchange rate union and capital (K) market integra-
nation among the members takes place through the tion. An exchange rate union is established when mem-
framework of ECOFIN (European Council of Ministers bers have what is in efect one currency. he actual
for Financial Afairs), assisted by the Commission (see existence of one currency is not necessary, however,
Chapter 2), and includes the ability to impose inancial because if members have permanently and irrevocably
penalties on members that do not adhere to the pru- ixed exchange rates among themselves, with curren-
dent limits. cies costlessly exchangeable at par, the result is efec-
However, even though the SGP has the efect of tively the same. But having a single currency makes
coordinating iscal policy to some extent through its the permanence and irrevocability more plausible, as
constraints, the third aspect of policy among the mem- there would be severe repercussions from exit, not
bers is a more positive form of cooperation. his occurs least the need to produce new coins and notes. Giving
through the annual setting of Broad Economic Policy the impression of permanence is a crucial ingredient
Guidelines (BEPGs). Here, there is not only discussion for a monetary union. Hence, quasi monetary unions
among the members to try to set a framework for policy like currency boards, which permit the continuation
consistent with EU longer-term objectives, but also an of the domestic currency, but backed by another cur-
informal dialogue between the iscal and monetary rency, tend to be less stable. his is because a currency
authorities. board ofers the abandonment of the backing currency
he ability to levy taxation is normally one of the key as a way out of a crisis. In the same way, exchange rate
elements of economic independence, and EU coun- unions between more equal partners have tended to
tries have only agreed fairly limited constraints on back the two currencies by a common medium, such as
their individual behaviour. hese relate to the nature of silver or gold. Again, this ofers a more rather than less
indirect taxation (VAT and speciic duties; see Chapter unifying way forward.
15), which is largely a facet of the treatment of trade Exchange rate integration requires convertibility:
and the internal market discussed in Chapter 7. It is the permanent absence of all exchange controls for
proving very diicult to get agreements on the nature both current and K transactions, including interest
of the taxation of income from capital and of company and dividend payments (and the harmonization of
proits. Discussion of agreements on the levels of taxa- relevant taxes and measures afecting the K market)
tion of personal incomes is even further from practi- within the union. It is, of course, absolutely necessary
cal realization, as the range between the highest and to have complete convertibility for trade transactions,
lowest is very large (Chapter 15). It has, however, been otherwise an important requirement of customs union
possible to get agreement that reductions in the level of (CU) formation is threatened, namely the promotion
non-wage taxes on labour would assist the overall EU of free trade among members, which is an integral part
economic strategy. of an economic union (see Chapter 1). hat is why this
Taken together, these measures represent rather soft aspect of monetary integration does not need any dis-
and limited coordination, which afects the nature of cussion; it applies even in the case of a free trade area
the theoretical discussion on monetary integration. (FTA). Convertibility for K transactions is related to free
Fiscal policy in the EU is neither a single coordinated factor mobility (see Chapters 7 and 8) and is therefore
policy nor a set of uncoordinated national policies run an important aspect of K market integration, which
for the individual beneit of each member. Indeed the is necessary in CMs, but not in simple CUs or FTAs.
The theory of monetary integration 149
Nevertheless, the pattern of both trade and production the members, and a major factor for the prevalence
will be afected if there are controls on K transactions. of intra-union payment imbalances prior to monetary
In practice, monetary integration should speciically union. Second, the balance of payments of the entire
include three elements if it is to qualify under this union with the outside world must be regulated at
deinition: the union level. For this purpose, MA must dispose of
a common pool of exchange reserves, and the union
1. a common monetary policy
exchange rates with other currencies must be regulated
2. a common pool of foreign exchange reserves and a
at the union level.
common exchange rate policy
Monetary integration which explicitly included
3. a single central bank or monetary authority (MA) to
these three requirements would therefore enable the
operate these policies.
partners to do away with all these problems right from
here are important reasons for including these ele- the start. Incidentally, this also suggests the advantages
ments. A country entering a ixed exchange rate system of having a single currency: with a single currency the
gives up monetary policy autonomy because monetary members can all have a say in the setting of policy.
policy must be used to maintain the exchange rate. In a With a reference currency, the tendency will always be
ixed peg system, the MA is usually a single country, the for the country whose currency it is to dominate the
USA in the Bretton Woods system and Germany in the decision-making, as the others will have to follow or
European Monetary System (EMS; see Chapter 11). his leave the arrangement. A tighter arrangement is likely
country has monetary autonomy, but the other coun- to give them explicit rights in decision-making, per-
tries have to adjust their monetary policy to maintain haps even including a veto.
the ixed exchange rate. his monetary policy may not
suit the economic circumstances of the other countries
in the system. hus one of the reasons that countries 10.4 The gains and losses
such as France supported EMU was that a common
monetary policy would be more suitable for their econ-
10.4.1 Gains from EMU
omy than a German monetary policy. Monetary policy
conventionally targets inlation and controls interest he gains from EMU membership could be purely eco-
rates to adjust economic activity to achieve the inla- nomic, non-economic (e.g. political) or both. Some of
tion target. To control interest rates the MA must also the non-economic beneits are obvious – for example,
control the money supply, which also implies control it is diicult to imagine that a complete political union
of foreign exchange reserves, because of the interaction could become a reality without the establishment of a
between foreign exchange operations and the money monetary union. However, because political, security
supply. he exchange rate is not speciically targeted, and other issues lie beyond the scope of this chapter,
but it becomes the MA’s responsibility. So in a mon- the discussion will be conined to the economic ben-
etary union the single MA must take responsibility for eits, which can be briely summarized as follows:
four elements of monetary policy: interest rates, money
supply, foreign exchange reserves and exchange rate. 1. A common pool of foreign exchange reserves econ-
In short, monetary integration, as deined, requires omizes their use, since it is unlikely that members
the uniication and joint management of monetary will go into deicit simultaneously, so one country’s
policy as well as of the union’s external exchange rate surplus can ofset another’s deicit. Intra-union
policy. his has two further consequences. First, the trade transactions will no longer be inanced by
rate of increase of the money supply must be decided foreign exchange, so the need for foreign exchange
jointly. Beyond an agreed amount of credit expan- is reduced for any given trade pattern. Frankel and
sion, allocated to the central bank of each member, Rose (2002) argue that having EMU will in itself
a member would have to inance any budget deicit lead to an increase in intra-trade at the expense of
in the union’s K market at the ruling interest rate. A trade with non-members. In the EU context, this
uniied monetary policy would eliminate one of the will reduce the role of the US dollar or reduce EU
main reasons for disparate price level movements in dependence on the dollar.
150 Ali El-Agraa
2. In the case of the EU, the adoption of the common of larger and deeper capital markets in monetary
currency (the euro) has transformed the currency unions.
into a major world medium which competes with 6. here are also the classical advantages of having
the US dollar and the Japanese yen. he advantages permanently ixed exchange rates (or one currency)
of such a currency from seignorage1 are well estab- among EMU members for free trade and factor
lished, but not huge. How long it would take the movements. Stability of exchange rates enhances
euro, if it were even possible, to supplant much of trade, through reduced price uncertainty, encour-
the role of the US dollar as an international vehicle ages K to move to where it is most productively
currency is of course a moot point (see Chapter 11). rewarded, and encourages labour (L) to move to
One facet of having a second major currency to where the highest rewards prevail. Of course, hedg-
compete with the US dollar is that international ing can tackle the problem of exchange rate luc-
market conditions can become more or less stable, tuations, but at a cost. Here again, however, the
depending on whether the two authorities decide to evidence suggests that hedging costs and penalties
cooperate or permit major swings. Since, for a large from uncertainty are relatively minor, except for
currency bloc, foreign trade forms a small propor- smaller companies that tend not to hedge. he
tion of total transactions, wide swings in exchange much greater advantage is that it seems to cement
rates can be accommodated with limited impact on integration, encouraging greater trade and foreign
the overall economy. hese swings can have more direct investment (FDI) than would be expected;
striking efects on smaller countries, so large cur- this is shown very clearly in the gravity model litera-
rency areas normally feel an obligation to consider ture (see Mélitz 2001).
the wider implications. Indeed, the group of seven 7. he integration of the K market has a further advan-
(G7; which became G8, and now we have G20) tage. If an EMU member is in deicit, it can borrow
was created in 1986 to establish a system of inter- directly on the union market using the K inlow to
national coordination between the most advanced inance the deicit, while adjustment takes place.
nations in the world for precisely such a reason. However, as mentioned above, the integration of
3. Transaction costs incurred when one currency economic policies within the monetary union may
is exchanged for another are avoided within a ensure that this help will occur automatically under
monetary union, leading to a saving in the use of the auspices of the common central bank.
resources. he high costs that individuals incur 8. When a monetary union establishes a central iscal
when making foreign exchange transactions would authority with its own budget, then, as already men-
seem to suggest these costs are large. hese gains, tioned, the larger the size of this budget, the higher
however, are thought to be small (the Commission the scope for iscal harmonization (CEU 1977a;
estimated them in 1990 at 0.2–0.5 per cent of EU Chapters 15 and 19). his has some advantages:
GDP). regional deviations from internal balance can be
4. Competition in the SEM will be enhanced by a inanced from the centre, and the centralization of
single currency because of the greater transparency social security payments, inanced by contributions
and certainty it provides. Prices can be more easily or taxes on a progressive basis, would have some
compared across national borders, so competition stabilizing and compensating efects, modifying the
will intensify. Since exchange rate movements have harmful efects of EMU (see Chapter 19).
been eliminated, diferences in prices and costs
between locations become more apparent, so pro- Speciic to the EU, there are also negative advantages in
duction can be shifted to where costs are lowest. that EMU is helpful for maintaining the EU as it exists.
5. here is normally a clear interest rate gain for the For example, realizing SEM – that is, making prices
smaller and previously high-inlation countries, if transparent (see page 000) – would become more dif-
the area as a whole has credible institutions and icult to achieve, and the common agricultural prices
policies. hese countries will be able to borrow at enshrined in the Common Agricultural Policy (CAP;
lower interest rates because inlation expectations see Chapter 20) would become more complicated
are reduced and because of the greater eiciency when members’ exchange rates were lexible. hese
The theory of monetary integration 151
EMU beneits are clear and there are few economists lexibility rests on the assumption that governments
who would question them; the only disagreement is aim to achieve both internal and external balance,
about their extent (see point 6 opposite and Chapter 7), and, as Tinbergen (1952) has shown, to achieve these
and most of those who minimize them tend to give little simultaneously at least an equal number of targets and
weight to the psychological beneits of dealing with a instruments is needed. his can be explained in the
single currency. However, there is no consensus with following manner. Internal equilibrium is tackled via
regard to the costs. inancial instruments, which have their greatest impact
on the level of aggregate demand, and the exchange
rate is used to achieve external equilibrium. Of course,
10.4.2 Losses from EMU
inancial instruments can be activated via both mon-
he losses from EMU have been elaborated in terms etary and iscal policies, and may have a varied impact
of the theory of optimum currency areas (OCAs), pio- on both internal and external equilibrium. Given this
neered by Mundell (1961), with immediate contribu- understanding, the case for maintaining lexibility in
tions coming from McKinnon (1963) and Kenen (1969), exchange rates depends entirely on the presumption
and followed by, inter alia, Mundell (1973a, b) himself that the loss of one of the two policy instruments will
and, within the context of the UK and the euro, Buiter conlict with the achievement of both internal and
(2000) and Barrell (2002). Given the broad nature of external equilibrium.
this issue, this section is conined to a presentation of With this in mind, it is vital to follow the Corden–
its main message; those interested in a more compre- Fleming explanation of the enforced departure from
hensive coverage should consult de Grauwe (2009). internal equilibrium. Suppose a country is initially in
Before presenting the bare OCA essentials, it may internal equilibrium but has a deicit in its external
prove helpful to begin with later contributions by account. If the country were free to vary its rate of
Fleming (1971) and Corden (1972a). Assume that the exchange, the appropriate policy for achieving overall
world consists of three countries: the home country balance would be a combination of devaluation and
(H), the potential partner country (P) and the rest of expenditure reduction. When the rate of exchange is
the world (W). Also assume that, in order to maintain not available as a policy instrument, it is necessary to
both internal and external equilibrium (as deined in reduce expenditure by more than is required in the
standard open-economy macroeconomics), H needs optimal situation, which results in extra unemploy-
to devalue its currency relative to W, while P needs to ment. his excess unemployment, which can be valued
revalue vis-à-vis W. Moreover, assume that H and P in terms of output or some more direct measure of
use iscal and monetary policies for achieving internal welfare, is the cost to that country of depriving itself of
equilibrium. If H and P were partners in EMU, they the exchange rate as a policy instrument. he extent of
would devalue together (which is consistent with H’s this loss is determined by the potential size of balance
policy requirements in isolation) or revalue together of payments deicits, and the efectiveness as an instru-
(which is consistent with P’s requirements in isola- ment of adjustment of the exchange rate and of the
tion), but they would not be able to alter the rate of alternatives still available in a monetary union.
exchange in a way that was consistent with both. Under his analysis is based on the assumption that there
such circumstances, the alteration in the exchange exists a trade-of between rates of change in costs/inla-
rate could leave H with an external deicit, forcing it to tion and in levels of unemployment – the Phillips curve.
delate its economy, increasing or creating unemploy- Assuming that there is a Phillips (1958) curve relation-
ment, or it could leave it with a surplus, forcing it into ship (a negative response of rates of change in money
accumulating foreign reserves or allowing its prices wages – W* – and the level of unemployment – U), the
and wages to rise. If countries deprive themselves of Fleming–Corden analysis can be explained by using a
rates of exchange (or trade impediments) as policy simple diagram, adapting one devised by de Grauwe
instruments, they impose on themselves losses that are (1975). Hence, in Figure 10.1, the top half depicts the
essentially the losses emanating from enforced depar- position of H, while the lower half that of P. he upper
ture from internal balance (Corden 1972a). and lower right-hand corners represent the two coun-
In short, the rationale for retaining exchange rate tries’ Phillips curves, while the remaining quadrants
152 Ali El-Agraa
W*H LT
W*
WI H
m
z
P*H UH W*2 c
P*P x* x UP
m*
z* ST 3
W*1
a b
WI P ST 2
U1 U2
ST 1
W*P L
Figure 10.1 he Fleming–Corden analysis of monetary Figure 10.2 he expectations-augmented Phillips curve
integration
show their inlation rates corresponding to the rates of that there is no long-term trade-of between unem-
change in wages – P*. WI (which stands for wage rate ployment and inlation. If there is any relationship, it
change and corresponding inlation) is determined by must be a short-term one, such that the rate of unem-
the share of L in total GNP, the rate of change in the ployment is in the long term independent of the rate
productivity of L, and the degree of competition in both of inlation: there is a natural rate of unemployment
the factor and the commodity markets, with perfect (NRU), generally deined as the non-accelerating inla-
competition resulting in WIs being straight lines. Note tion rate of unemployment (NAIRU) – that is, the rate
that the intersection of WIs with the vertical axes will of unemployment consistent with an unchanging inla-
be determined by rates of change of L’s share in GNP tion rate (see Stiglitz 1997), which is determined by
and its rate of productivity change. he diagram has rigidities in the L market. hus the simple version of the
been drawn on the presumption that the L productivity Phillips curve has been replaced by an expectations-
changes are positive. augmented one along the lines suggested by Phelps
he diagram is drawn in such a way that countries H (1968) and Friedman (1975) – that is, the Phillips curves
and P difer in all respects: the positions of their Phillips become vertical in the long run. his is shown in Figure
curves, their preferred trade-ofs between W* and P*, 10.2, which depicts three Phillips curves for one of the
and their rates of productivity growth. H has a lower two countries. Assume that unemployment is initially
rate of inlation (x), than P (x*), equilibrium change at point U2 – that is, the rate of inlation is equal to zero
in wages and unemployment level being at z and z*. – given the short-term Phillips curve indicated by ST1.
Hence, without EMU, P’s currency should depreci- he expectations-augmented Phillips curve suggests
ate relative to H’s.2 Altering the exchange rates would that, if the government tries to lower unemployment
then enable each country to maintain its preferred by the use of monetary policy, the short-term efect will
internal equilibrium: z and z* for countries H and P, be to move to point a, with positive inlation and lower
respectively. unemployment. However, in the long term, people will
When H and P enter EMU, their inlation rates adjust their expectations, causing an upward shift of the
cannot difer from each other, given a model without Phillips curve to ST2, which leads to equilibrium at point
non-traded goods. Each country will therefore have b. he initial level of unemployment is thus restored,
to settle for a combination of U and P*, which is dif- but with a higher rate of inlation. A repetition of this
ferent from what it would have liked (m and m*). he process gives the vertical long-term curve labelled LT.
Fleming–Corden conclusion is thus vindicated. If both H and P have vertical LT curves, Figure
However, this analysis rests entirely on the accept- 10.1 will have to be adjusted to give Figure 10.3. he
ance of the Phillips curve, but the consensus today is implications of this are:
The theory of monetary integration 153
other members, even when it is not in their imme- income. Only if the inlationary implications of
diate economic interest. Next time it may be they devaluation are completely disregarded can one
who would beneit from the voluntary assistance reach the a priori conclusion that membership of
of others. Taking either a legalistic view of what EMU would necessitate extra sacriice of employ-
actions union agreements lay down or a relatively ment in order to achieve the same target.
short-run perspective of economic gains can be 7. Even within a purely economic context, there will
misleading. Ultimately, the alternative would be be a limit to how far the argument will go for
that the member would leave the union, which the costs for a country from forgoing the ability to
could also harm the other members and threaten have its own exchange rate and monetary policy.
the credibility of the union thereafter. Relevance he whole net beneit of the increased integra-
to reality therefore requires taking a somewhat tion has to be taken into account. Hence, even if
broader view of the policy problem. the rates of inlation and unemployment difered
4. Devaluation can work efectively only when there is from those that would be preferred without EMU,
‘money illusion’; but are today’s trade unionists so they may dwindle to nothing when combined with
deluded? other beneits to real incomes and wealth. Similar
5. In practice there would never be a separation agreements with parts of W may not be politically
between the exchange rate union and K market superior, even if they might be economically so.
integration. Once convertibility for K transactions Similarly, monetary integration may reinforce the
is allowed for, K will always come to the rescue. barriers to reversion to less desired examples of
Of course, this raises the spectre of a permanently economic dominance (a point emphasized by some
depressed member, but, again, how likely is that? of the countries involved in the 2004 EU accession).
6. More fundamentally, but arguably, a very crucial
Against the above, one should add that monetary inde-
element is missing. he analysis relates to a country
pendence ofers an element of contingency planning.
in internal equilibrium and external deicit. If such
Sweden explicitly and Denmark implicitly have argued
a country were outside EMU, it could devalue its
that even though they may wish to shadow EMU very
currency. Assuming that the necessary conditions
closely, maintaining a separate currency gives them
for efective devaluation prevailed, then devalu-
the opportunity to respond rather better to a very large
ation would increase the national income of the
adverse shock. hus, with care, they can manage to
country, increase its price level or result in some
secure most of the gains from EMU and yet retain an
combination of the two. Hence a delationary policy
element of lexibility.
would be required to restore the internal balance.
However, if the country were to lose its freedom
to alter its exchange rate, it would have to delate
10.4.3 Back to OCAs
in order to depress its imports and restore exter-
nal balance. According to the above analysis, this OCA is generally presented in terms of national
alternative would entail unemployment in excess of incomes and prices, relegating wages to the back-
that prevailing in the initial situation. he missing ground. his is useful, since it provides a complemen-
element in this argument can be found by specify- tary picture to the above analysis, ensuring a better
ing how devaluation actually works. Devaluation understanding, but, of course, inevitably leading to
of a country’s currency results in changes in rela- overlaps. Mundell (1961) attributed the loss to a shift
tive price levels and is price inlationary for both in demand, due, say, to a change in consumer prefer-
exportables and importables, at least. hese relative ences, away from P, in favour of H. his is depicted
price changes, given the necessary stability condi- (not by Mundell) in Figure 10.4, where the vertical
tions, will depress imports and (perhaps) increase axis measures prices (PH, PP), the horizontal the level
exports. he delationary policy that is required of national economic activity (YH, YP), and S and D,
(to accompany devaluation) in order to restore respectively, are the aggregate national supply and
internal balance should therefore eliminate the demand curves. he two countries are initially in the
newly injected inlation as well as the extra national equilibrium situations depicted by the solid S and D
The theory of monetary integration 155
B
C
YP YPe O YHe YH
Figure 10.4 Shifts in EMU partners’ aggregate supply and demand
curves (D1H, S 1H for H and D1P, S 1P for P) , with H at A* (i.e. he second is that if labour (L) can move freely
income YeH ) and P at A (income YeP). he indicated between the two countries, then those losing jobs in
shifts in demand (the dotted lines D2H and D2P; follow P will migrate to H. he reduction (or increase) in L in
the blank arrows) mean that H moves to the right while P (or H) will enable both countries to maintain their
P moves to the left. hus the equilibrium points move initial wages; thus they can stay at B* and B. Of course,
to B* and B respectively – that is, H experiences an this means diferent income levels from the initial ones,
increase in Y, hence in employment – while P experi- but there is no disequilibrium due to the changes in L
ences the opposite – that is, an increase in unemploy- endowments.
ment. As mentioned above, it is the extent of these What happens if wages are inlexible and L is immo-
deviations from equilibrium YeH and YeP that consti- bile? Obviously, equilibrium in P will remain at C. In
tutes the costs of EMU for the two partners. H, however, the increase in D will lead to increases in
Given that the original income levels (YeH ;YeP), hence wages and shift the S curve upwards, resulting in higher
of employment/unemployment, were the nations’ prices there. Hence, H has to bear the full brunt of the
desired ones, the question is then how to restore them. adjustment, through higher prices – that is, higher
As above, there are two ways to do so. he irst is that if inlation. hese increased prices, again, will make P
wages are lexible in both countries, then the increased products more competitive, leading to shifts in demand
level of economic activity in H will push up H’s wages, in their favour. he upshot is that, by being a member
while the increased unemployment in P will depress of EMU, H will have to accept higher inlation than it
P’s wages. he result will be an upward shift in S in desired.
H to S 2H (since S relects costs, which have risen with But how would the two countries fare outside EMU?
increased wages), and a downward shift in P to S 2P. he If they followed a freely lexible exchange rate system,
igure has been drawn in such a way that the new equi- H would raise its interest rate, depressing demand,
librium positions (C* and C) precisely restore the origi- while P would do the opposite, enhancing demand.
nal Y levels (A* and A), but of course increase H’s price hese policy changes lead to an appreciation of H’s
level and reduce P’s. hese price changes will stimulate currency and a depreciation of P’s, enhancing the com-
demand in P and depress it in H, and their change rela- petitiveness of P products in the H markets. he interest
tive to each other in favour of P will result in reinforcing and exchange rate changes will thus enhance demand
shifts in demand that take both countries back to their in P and depress it in H. he net efect of these policy
original curves (D1H , D1P) – that is, to points A* and A. changes is to shift the demand curves back to their
156 Ali El-Agraa
original levels and restore equilibrium – that is, go back other, and thus would beneit from ixed exchange
to A* and A. rates between them (see previous section and next
his is the same conclusion reached above: as a page).
member of EMU, a country will have to either persevere 5. Production spread across a variety of goods and
with more unemployment than it desired or put up services, which would insulate against luctuations
with more inlation than it deemed acceptable – that in the demand for individual commodities, dis-
is, such a country cannot adjust to asymmetric shocks. pensing with the necessity for frequent changes in
Hence the major contribution of OCA theory is to point the terms of trade by way of exchange rate changes
out that for nations to form OCAs they have to have (see previous section and next page).
symmetric shocks, or, they must have lexible wages 6. Similarity of production structures, which ensures
and free labour mobility. Recall, however, that this similar shocks, eliminating the need for individually
conclusion is null and void in the long run in the previ- tailored policies (see previous section and next page).
ous case, and is valid here only if the change in demand 7. Similarity of inlation rates, which would minimize
is permanent (if it is short-lived, then what is the fuss payment imbalances (page 152).
about?) (see de Grauwe 2005); for the EU, Gros (1996) 8. Greater degree of iscal integration, which would
and others ind that shocks are sectoral, hence cannot make it easier to eliminate divergent shocks
be tackled in terms of exchange rate changes. through iscal transfers (see Section 10.6 page 159
and Chapters 11 and 12).
what is needed is an examination of the overall costs Greater openness to mutual trade implies that most
and beneits of EMU. Before dealing with this, here prices would be determined at the union level, which
is a simple version of the losses, made popular in the means that relative prices would be less susceptible to
context of the discussions concerning the euro as the being inluenced by changes in the exchange rate. An
single currency for the EU. It is known as the impossible economy more diverse in terms of production would
trilogy, or inconsistent trinity, principle. be less likely to sufer from country-speciic shocks,
he principle states that only two out of the following reducing the need for the exchange rate as a policy tool.
three are mutually compatible: Greater factor mobility enables the economy to tackle
asymmetric shocks via migration, hence reducing the
1. Completely free capital mobility need for adjustment through the exchange rate.
2. An independent monetary policy EU nations score well on the irst criterion, since
3. A ixed exchange rate. the ratio of their exports to their GDP is 20–70 per cent
his is because, with full capital mobility, a nation’s (combining both exports and imports for 2001 gives
own interest rate is tied to the world interest rate, at the EU 12.3 per cent, with Belgium 91.7 per cent and
least for a country too small to inluence global inan- France, Germany, Italy and the UK around 30 per cent),
cial markets. More precisely, any diference between while that for the USA and Japan is, respectively, 11 per
the domestic and world interest rates must be matched cent (13.5) and 7 per cent (10.8). Note that the USA is
by an expected rate of depreciation of the exchange the preferred reference nation, but there is no evidence
rate – for example, if the interest rate is 6 per cent in the that it is an OCA (de Grauwe 2005, and references cited
domestic market, but 4 per cent in the world market, there), which invokes the criticism that the only area
the global market must expect the currency to depreci- that meets OCA conditions is one that already has a
ate by 2 per cent this year. his is known as the interest currency – a circular argument. EU nations also score
parity condition, which implies that integrated inan- well in terms of the second criterion, even though they
cial markets equalize expected asset returns; hence are not all as well endowed with oil or gas resources as
assets denominated in a currency expected to depreci- the Netherlands and the UK. As to the third criterion,
ate must ofer an exactly compensating higher yield for they score badly in comparison with the USA, since
the expected depreciation. EU labour mobility is lower (see Chapters 7 and 8) due
Under such circumstances, a country that wants to to, inter alia, the Europeans’ tendency to stick to their
conduct an independent monetary policy, raising or place of birth, not only nationally, but also regionally.
lowering its interest rate to control its level of employ- here is also a tendency for migration to be temporary
ment/unemployment, must allow its exchange rate and only involve part of a larger family (see Chapter 8).
to luctuate in the market. Conversely, a country con- Although there is no deinitive estimate of the costs,
fronted with full capital mobility, which wants to ix its due to the relative lack of labour mobility, it is generally
exchange rate, must set its domestic interest rate to be thought to be considerable. However, it would have
exactly equal to the rate in the country to which it pegs to be very large to ofset the gains from EMU. In any
its currency. Since monetary policy is then determined case, much of the problem from lack of mobility is as
abroad, the country has efectively lost its monetary relevant within the members as between them, and this
independence. applies to the USA too. It therefore requires addressing
he loss caused by EMU membership is as already through structural policy in each member, regardless
indicated, but here its extent is determined by the com- of EMU, or regardless of membership of the EU itself
bined Mundell–McKinnon–Kenen (respectively, 1961, for that matter. Tackling the problem has become more
1963 and 1969) criteria, which render price adjust- important since the late 1960s and will remain so in
ments through exchange rate changes less efective or the face of faster rates of technical change in products
less compelling: and production methods; in part, it is a consequence of
globalization, so it is a change that will have to be made
(a) Openness to mutual trade in any case.
(b) Diverse economies Nonetheless, even on purely economic grounds, the
(c) Mobility of factors of production, especially of labour. longer-term perspective will not lend support to some
158 Ali El-Agraa
have occurred with the favourable technology shock, Absorption relates to the national income account-
or Nokia phenomenon, in Finland. he growth/inla- ing identity that a country’s balance of payments cur-
tion combination that occurred in the early EMU years rent account balance (CA) is equal to national income/
was considerably more favourable than that which output minus absorption: the national use of goods
prevailed in earlier decades. Other factors, such as the and services in consumption, government expendi-
continuing impact of the collapse of the former Soviet ture and investment. Or that CA is equal to net private
Union and the banking crisis in the early 1990s, may saving plus the government iscal balance (govern-
also have been inluential, but the evidence is, at the ment revenue minus government expenditure). So the
very least, suggestive. national iscal stance will afect other countries in EMU
via their balance of payments. For example, in EMU,
Germany’s high level of private saving more than ofset
10.6 Fiscal policy in monetary unions the modest iscal deicits and the country has a large
surplus on CA. With most EMU trade being internal,
Although this chapter is concerned with EMU theory, the counterpart of this large surplus is deicits in other
EMU is essentially an EU phenomenon in the sense Eurozone members. So there is an important interac-
that sovereign nations voluntarily decide to adopt it. tion between national iscal positions, CA and national
he USA is, of course, an EMU, and, as we have seen, it macroeconomic situations. In EMU with a large cen-
is used by all analysts as the benchmark against which tral budget, the efects of these regional imbalances
to judge EMUs, but it is a single nation. It may therefore would be at least partially ofset by iscal transfers
prove helpful, before drawing overall conclusions, to between regions, the issue to which the discussion
digress somewhat by examining the role of iscal policy now turns.
in monetary unions, including the USA. Aspects of With automatic transfers from the central/federal
this are dealt with in Chapter 12, but a bit of overlap is budget, iscal policy will act as a means of inter-regional
warranted. risk sharing by transferring resources between regions
Durable EMUs are characterized by large cen- (see Chapters 11 and 12). hese transfers perform three
tral budgets that facilitate iscal policy and transfers types of function (Fatás 1998): inter-temporal stabiliza-
between regions. Fiscal policy is the manipulation of tion, inter-regional insurance and inter-regional redis-
the balance between government expenditure and rev- tribution. he irst two stabilize regional income and
enue so as to inluence aggregate demand in the econ- the third reduces inequalities in income levels between
omy. his has three elements in EMU: the overall iscal regions. Inter-temporal stabilization smoothes luc-
situation, interactions and transfers between members. tuations in regional income levels due to the stabi-
Macroeconomic policy is more efective if monetary lization of the national economy by movements in
and iscal policies are coordinated. his was apparent the national public sector deicits: the Keynesian sta-
in the recent recession, starting in 2007, where a loose bilization function. Inter-regional insurance transfers
monetary policy needed to be augmented by a iscal tax revenue from fast-growing regions to slow-growing
stimulus. However, with individual members’ iscal ones when economic cycles are imperfectly correlated
policies responding to their individual macroeconomic between regions. Inter-regional redistribution involves
situation, the overall iscal stance is likely to be suitable. the transfer of resources from more to less prosperous
Interactions between members can occur in two regions, so it is related to levels of rather than changes
ways: irst, the potential efect of national iscal policy in income. Such redistribution might be justiied in
on EMU’s monetary policy, and second, absorption. terms of the solidarity of the nation state, to achieve a
If national iscal policy of some EMU members is too fairer individual distribution of income, or to enhance
loose, this could lead the MA (see Chapters 12 and 19) overall economic eiciency. he delineation of these
to raise interest rates at the expense of the responsible transfers in theory and their separation in reality are
members. his is possible, but for it to be signiicant another matter; in national monetary unions transfers
the members involved would have to be large and between regions fulil all three functions.
the looseness great. So this seems to be a marginal hese three functions relate to three prob-
problem. lems that regions face in EMU: asymmetric shocks,
160 Ali El-Agraa
competitiveness and diferences in regional income. needed to bear down on inlation. If these are insuf-
Diferences in regional income levels relate to long- icient to adjust competitiveness, then EMU could ind
term economic growth, not stabilization, so are not a itself with nations with persistently high unemploy-
concern for EMU except in terms of its long-term politi- ment and lower income levels, in the same way that
cal cohesion. Asymmetric shocks and competitiveness nation states have such regions – for example, the
relate to stabilization, so are an EMU issue. Regions Mezzogiorno in Italy. his indicates that EMU may
within EMU that face an adverse asymmetric shock require iscal transfers from prosperous to problem
have this partially ofset by higher receipts from and nations.
lower payments to the federal budget, but how impor- Fiscal policy and government deicits lead to gov-
tant is this stabilization? Initial research (Sala-i-Martin ernment debt, which is an issue for EMUs. National
and Sachs 1992), indicated that inter-regional lows of governments can adopt a relatively relaxed attitude
public inance were important in reducing luctuations to their debt, because the debt in developed coun-
in regional income. Gradually, more reined research tries is predominantly held by national citizens and
techniques have whittled away at the estimated efects, institutions, and, in the worst case, the debt could
and more recent research suggests that federal taxes be repaid by expanding the domestic money supply.4
and transfers only reduce regional income luctuations Membership of EMU changes the nature of govern-
by 10 per cent (Fatás 1998; Asdrubali et al. 2002). hese ment debt, and foreign inancing of debt within the
estimates of stabilization are for the USA, a monetary EMU may increase because it is denominated in the
union comparable in size to EMU. Whether it is a good same currency. With the money supply controlled by
basis for comparison with EMU could be questioned the ECB, national governments can no longer service
because of the diference between US states and EU their debts by creating money. So EMU encourages
countries. he national economies3 of EMU remain looser iscal policy, but makes its debt consequences
diversiied, so their vulnerability to asymmetric shocks more serious. A nation with high government debt in
and, consequently, the need for inter-regional stabi- EMU would have to increase taxes and reduce gov-
lization is less. he greater separation of EU nations ernment expenditure, which would reduce national
may also enhance the potential for diferences in rates income, making servicing the debt more diicult. he
of wage and price inlation: an efective alternative hope would be that this delation would restore price
adjustment mechanism (see page 157). By compari- competitiveness and expand demand in the private
son with the USA, European national economies lack sector, but this is a slow and uncertain process. his
adjustment mechanisms such as labour mobility and is, of course, a description of the current dilemma of
cross-border capital holdings and lows, but are per- Greece. It follows that it is important that countries
haps less vulnerable to asymmetric shocks than US enter EMUs with manageable government debt, and
states. Although, as the recent recession indicates, the that there are mechanisms to prevent the excessive
vulnerability of national economies, even to symmetric accumulation of debt.5
shock, can vary substantially. his analysis indicates that EMU either requires a
By contrast, competitiveness issues loom much signiicant central budget or very tight controls on
larger for a monetary union such as EMU; the separa- national governments’ budgets and limits on debt.
tion of national economies makes wider divergences When reading Chapters 11 and 12, you should consider
in wage/price inlation possible. he ability to reduce whether the EU’s EMU meets this requirement.
these divergences may also be more diicult if they
are related to structural features of the economy. It
may have been thought that a common monetary 10.7 Conclusion
policy and some coordination of iscal policies would
be suicient to ensure similarity of national inlation his chapter has gone to some lengths to emphasize
rates in EMU, but this has not proved to be the case. In three EMU facets, the wider process of economic and
the absence of exchange rate adjustment, the adjust- monetary integration that has been dominating the
ment of competitiveness is a long and painful process, integration process in Europe since before the turn of
with lower growth and higher unemployment being the century. hese are:
The theory of monetary integration 161
1. he development of EMU has to be seen in the light and capital mobility and/or lexibility in wages and
of both the longer-term and the wider political prices, and/or common central iscal arrangements.
context. Narrow short-run economic assessments • OCA analysis is not operational and its conditions
can make the decisions that have been taken look may be met after EMU creation, so it is not the be-all
illogical. and end-all.
2. EMU is expected to change the behaviour and
structure of the European economy. Assessment
of the likely impact therefore has to include these Questions and essay topics
structural changes. Many traditional models that
have been used to assess the impact of integration 1. What is EMU?
either do not take this into account adequately 2. What are the economic beneits of EMU?
or have sometimes been used in ways that ignore 3. What are the economic costs of EMU?
these essential structural components of the proc- 4. What is an optimum currency area?
ess of change. 5. What conditions have to be met in order to reduce
3. While the focus on the monetary aspect of EMU is the costs of EMU?
understandable, it is the economic ‘E’ in EMU that 6. What is the impossible trilogy or inconsistent
is both the more complex issue and the key to the trinity?
ultimate success of the enterprise. 7. What is the interest parity condition?
8. How does Mundell reconcile his later OCA opti-
Hence the next two chapters appraise both the devel-
mism with his earlier scepticism?
opment of EMU over the last forty years, and the way
9. ‘OCA is a cost-analysis of EMU, not a cost-beneit
in which it is currently operating and will develop as
analysis of it.’ Explain and discuss.
the accession countries join, in the light of these three
10. ‘OCA conditions can be met after the event, so
observations.
what is all the fuss?’ Explain and discuss.
hyperinlationary. his places constraints on govern- interest from governments with high levels of debt. his
ments’ use of such inancing. did not happen until the credit crunch made obvious
5 Debt markets should have constrained Eurozone gov- the problems of these countries – yet another example
ernment borrowing by requiring much higher rates of of the failure of inancial markets.
The development of EU economic and
11 monetary integration
DAVI D M AYE S AN D A LI EL - AG RA A
11.1 Introduction the system of having exchange rates that were ‘ixed’,
but adjustable occasionally when the existing rate was
he aim of achieving economic and monetary union shown to be unsustainable, had worked rather well.
(EMU), although enshrined in the Treaty on European Fixity permitted luctuations within 1 per cent of a peg
Union (TEU, or the Maastricht Treaty), and hence in with the US dollar, which in turn was convertible to
the Treaty of Lisbon, is not a new phenomenon for the gold at $35 per ounce. Despite some initial reposition-
EU (see Chapter 2). his chapter provides a historical ing after the war, the number of occasions on which
perspective by travelling the route taken by the EU in pegs had been changed meant that the system had
this direction. he actual route followed has been the seemed credible. he contrast with problems after the
combination of the objectives for increasing economic First World War, with hyperinlation in Germany and
integration, paving the way for what some hoped to be then the delationary impact of trying to return to the
the political unity of Europe (see Section 2.2.2, page gold standard, was striking. However, while the early
25), and the more immediate economic needs and problems lay with other countries trying to stabilize
shocks along that path. Nevertheless, the initial ideas, themselves with respect to the USA, the problem in
sketched out as early as 1970, bear striking similarities the 1960s was that the USA, hindered by the cost of the
to what has eventually been accomplished. Vietnam war, was no longer able to act as the anchor for
he chapter begins by considering the irst attempt the international system.
at EMU, based on the 1971 Werner Report, which com- Other countries therefore had to look elsewhere for
mitted then European Community (EC) member states stability. While the main initial thrust was towards a
(MSs) to achieving it in three stages, beginning in 1971 reform of the Bretton Woods system, the EC looked
and inishing in 1980. After examining the reasons at the possibility of trying to create a locally stable
for its failure, it goes on to tackle the 1979 European system with the same sort of architecture for itself. In
Monetary System (EMS), a limited arrangement aimed 1969, during he Hague summit (see Chapter 2), the
at dealing with the monetary upheavals of the time by original six MSs (the Six) decided that the EC should
creating a zone of monetary stability. It then turns to progressively transform itself into an EMU, and set up
the revival of EMU in the two Delors reports, which cul- a committee, led by Pierre Werner, then prime min-
minated in its formal adoption in the 1992 Maastricht ister of Luxembourg, to consider the issues involved.
Treaty, again to be achieved in three stages, beginning he Werner Committee presented an interim report
in 1990 and inishing in 1997, or 1999 at the very latest. in June 1970 and a inal report in October of the same
We then look into how it has progressed and why some year. he latter became generally known as the Werner
MSs remain outside, before ofering our conclusions. Report, and was endorsed by the Council in February
1971.
According to Council resolution, the EC would (OJ
11.2 The Werner Report
C 1971):
From 1967, the prevailing world order for exchange 1. Constitute a zone where persons, goods, services and
rates, established as part of the Bretton Woods agree- capital would move freely – but without distorting com-
ment in 1944, began to fall apart. Until that point petition, or creating structural and regional imbalances.
163
164 David Mayes and Ali El-Agraa
2. Form a single monetary entity within the international he EMU launched by the EC in 1971 was thus con-
monetary system, characterised by the total and irre- sistent with the requirements for a full EMU discussed
versible convertibility of currencies; the elimination of in Chapter 10. While the problems of integrating prod-
luctuation margins of exchange rates between [mem- uct markets may not have been clear then, the inten-
bers]; the irrevocable ixing of their parity relationships.
tion to have the free low of capital and labour rather
hese steps would be essential for the creation of a
than just free trade and ordered payments is set out,
single currency, and they would involve a Community-
foreshadowing later developments.
level organisation of central banks.
3. Hold the powers and responsibilities in the economic Although the 1971 venture did fail, after an earlier
and monetary ield that would enable its institutions than expected successful negotiation of the irst phase
to ensure the administration of the economic union. and making some progress during the second, the fail-
To this end, the necessary economic policy decisions ure was not due to lack of commitment, determination
would be taken at EC level and the necessary powers or both. he Nixon shock, the irst oil shock and the
would be attributed to community institutions. enlargement shock (the admission of three new mem-
bers, each bringing with it its own unique problems)
EC organization of central banks would assist, in the were the real culprits. he irst step in coordinated
framework of its own responsibilities, in achieving the monetary management had been that EC MSs would
objectives of stability and growth in the EC. keep all their bilateral exchange rates within 2.25 per
As progress was made in moving closer to the inal cent of each other. heir joint rates would therefore
objectives, EC instruments would be created when- move quite closely together in a ‘snake’ round the
ever they seemed necessary to replace or complement dollar, which was still treated as the numeraire of the
the action of national instruments. All actions would system, and since the dollar rate itself luctuated, this
be interdependent; in particular, the development led to the term ‘snake in the tunnel’. (he Smithsonian
of monetary uniication would be backed by parallel Agreement that was in force at the time would have
progress in the convergence, and then the uniication, limited each currency’s luctuation with respect to the
of economic policies. dollar to 2.25 per cent. hus without the ‘snake’, EC
he Council decided that EMU could be attained currencies could have moved up to 4.5 per cent from
during that decade, if the plan had the permanent polit- each other. his would clearly have been more than
ical support of MSs’ governments. Implementation was is acceptable without renegotiating prices, and hence
envisaged in three stages, with the irst beginning in would have violated the degree of stability required
1971 and the third completed by 1980. he Council within the EC.) Not only were the lira, sterling and the
made quite clear how it envisaged the process leading French franc unable to hold their parity within the irst
to full EMU (emphasis added): year or so, but the Smithsonian Agreement itself had
(a) he irst phase should begin on January 1, 1971, and collapsed into generalized loating by 1973.
could technically be completed within three years.
his phase would be used to make [EC] instruments
more operational and to mark the beginnings of [the 11.3 The European Monetary System
EC’s] individuality within the international monetary
system; In some quarters, the European Monetary System
(b) he irst phase should not be considered as an objec- (EMS) has been considered as the next EC attempt at
tive in itself; it should be associated with the com- EMU, but some would argue that it was little more than
plete process of economic and monetary integration.
a mechanism devised to check the monetary upheavals
It should therefore be launched with the determination
of the 1970s by creating a zone of monetary stability.
to arrive at the inal goal;
he route to the EMS was a fairly short one. he idea
(c) In the irst phase consultation procedures should be
strengthened; the budgetary policies of [MSs] should was loated not by the EC Commission but by the
accord with [EC] objectives; some taxes should be har- German chancellor, Helmut Schmidt, and the French
monised; monetary and credit policies should be coor- president, Valéry Giscard d’Estaing, and was discussed
dinated; and integration of inancial markets should in Council in Copenhagen in April 1978. Roy Jenkins,
be intensiied. Commission president, had called for such a corrective
The development of EU economic and monetary integration 165
initiative in a speech in Florence the previous October. as the Exchange Rate Mechanism (ERM), which asks
By 5 December the Council had adopted the idea, in a member nation to intervene to reverse a trend when
the form of a resolution ‘on the establishment of [EMS] 75 per cent of the allowed exchange rate variation of
and related matters’, after a period of intensive discus- ±2.25 per cent is reached; this is similar to what hap-
sion (Ludlow 1982 gives a full account of the negotia- pened within the preceding ‘snake’ arrangements. he
tions involved). crucial diferences, however, were twofold. First was
he EMS, which started operating in March 1979, the creation of the European Currency Unit (ECU) as
was introduced with the immediate support of six of the centre of the system against which divergence of
EC MSs at the time. Ireland, Italy and the UK adopted a the exchange rate was to be measured; the ECU fol-
wait-and-see attitude; ‘time for relection’ was needed lowed on directly from the European Unit of Account
by Ireland and Italy, which required a broader band as a basket of all EC currencies, not just those par-
of permitted luctuation of ±6 per cent when they did ticipating in the ERM. Weights in the basket, based on
enter, and a deinite reservation was expressed by the economic importance in the system, were revised every
UK. Later, Ireland and Italy joined the system, while ive years.1 It was the means of settlement between the
the UK expressed a ‘spirit of sympathetic cooperation’. EC central banks. Second, the EMS was to be supported
he main EMS features are given in the annex to by a European Monetary Fund (EMF), which, suppos-
the conclusions of the EC presidency (Bulletin of the edly within two years, was to absorb the short-term
European Communities, no. 6, 1978, pp. 20–1) set out inancing arrangements operating within the snake, the
in Box 11.1. short-term monetary support agreement that was man-
In essence, the EMS is concerned with the creation aged by the European Monetary Cooperation Fund
of an EC currency zone within which there is discipline (EMCF), and the medium-term loan facilities for bal-
for managing exchange rates. his discipline is known ance of payments assistance (Bulletin of the European
166 David Mayes and Ali El-Agraa
Communities, no. 12, 1978). he EMF was to be backed to attach a measure of ‘reputation’ to countries that
by approximately 20 per cent of national gold and US$ managed to avoid inlation and hence depreciation
reserves and by a similar percentage in national cur- of their exchange rate. his element of loss of reputa-
rencies. he EMF was to issue ECUs to be used as new tion through ‘failure’ may have reduced the expecta-
reserve assets, and an exchange stabilization fund able tion of inlation and hence made counter-inlationary
to issue about US $50 billion was to be created. policy less ‘costly’. However, estimates of the change
It is clear from the above that the EMS asks neither in the sacriice ratio (ratio of the rise in unemploy-
for permanently and irrevocably ixed exchange rates ment to the fall in inlation in a period) do not indicate
between member nations nor for complete capital con- any improvements compared to countries outside the
vertibility. Moreover, it does not mention the creation ERM (which were also successful in lowering inla-
of a common central bank to be put in charge of the tion), although, as generally expected, sacriice ratios
member nations’ foreign exchange reserves and to be observed did rise as inlation fell.
vested with the appropriate powers. Hence the EMS hird, while it is claimed that nominal exchange
was not EMU, although it could be seen as paving the rate stability was secured, it is also argued that the
way for it. operation of the EMS prevented drastic changes in real
exchange rates (or competitiveness). his is contrasted
with the damaging experience in this respect of both
11.3.1 The success of the EMS
the UK and the USA over the same period. However, in
he EMS’s survival belied the early scepticism, and one sense it may merely have encouraged countries to
there is little dispute that it was something of a success. put of necessary realignments, leading ultimately to
here was, however, a period from 1992 onwards when the drastic changes and crisis in 1992–3 (see page 174
it looked as if the EMS might collapse altogether, just at and Section 11.5, page 170).
the time when the inal push to EMU was being agreed Finally, while it was not an immediate objective of
(see page 174). his success can be seen as embodied in the EMS as such, the ECU became established as a
three principal achievements. signiicant currency of denomination of bond issues,
First, despite occasional realignments and luctua- which is testimony to the credibility of the EMS and
tions of currencies within their preset bands, it seems the successful projection of its identity. In part, the
that the EMS succeeded in its proximate objective of use of the ECU in international bond issues may have
stabilizing exchange rates – not in the absolute sense, relected its role as a hedge by being a currency ‘cock-
but in bringing about more stability than would have tail’. It also provided a means of getting round some of
been enjoyed without it. Moreover, up to 1992 this was the currency restrictions in force, particularly in France
done without provoking periodic speculative crises of and Italy. he high point for new ECU issues was 1991,
the Bretton Woods system. his stability had two ele- and external issues never recovered after the 1992–3
ments. Not only did the number of realignments in crisis (see page 174).
the central rates fall (with one minor exception there hese achievements have not been without some
were none in the ive years following 1987), but the qualiications. For example, the divergence indica-
variation of exchange rates between ERM countries fell tor mechanism, for triggering intervention before the
much faster than that of those outside, even in the early limits of the band were reached, did not withstand the
period up to 1985 (Ungerer et al. 1986). Just having test of time.
scope for realignments meant that, unlike the ‘snake’, he enforced changes to parities in and after
a parity change did not entail a conidence-shaking exit September 1992 considerably reduced the credibility
from the system. of the EMS and called into question the validity of the
Second, the claim is made for the EMS that it pro- idea of approaching monetary union through increas-
vided a framework within which member countries ingly ixed exchange rates while having no control
were able to pursue counter-inlationary policies at a over capital lows. Although the widening of the bands
lesser cost in terms of unemployment and lost output to ±15 per cent in August 1993 appeared to remove
than would have been possible otherwise. he basis much of the efective distinction between the ERM and
of the claim is that the structure of the EMS began freely loating exchange rates, the practice was a very
The development of EU economic and monetary integration 167
considerable convergence and a system which took completion and the reduction of existing disparities
only limited advantage of the lexibility available. through programmes of budgetary consolidation in
the MSs involved and more efective structural and
regional policies. In the monetary ield the emphasis
11.4 The Delors Report and the would be on the removal of all obstacles to inancial
Maastricht Treaty integration and on the intensiication of cooperation
and coordination of monetary policies. Realignment
As already mentioned, by 1987 the EMS, and the ERM of exchange rates was seen to be possible, but eforts
within it, appeared to have achieved considerable would be made by every MS to make the functioning
success in stabilizing exchange rates. his coincided of other adjustment mechanisms more efective. he
with legislative progress towards EMU on other fronts. committee was of the opinion that it would be impor-
he EC summit held in Hanover on 27 and 28 June tant to include all EC currencies in the EMS’s ERM
1988 decided that, in adopting the Single European during this stage. he 1974 Council decision dein-
Act (SEA; see Chapter 2), thus paving the way for ing the mandate of central bank governors would be
the creation of the Single European Market (SEM), replaced by a new decision indicating that the com-
EC MSs had conirmed the objective of ‘progressive mittee itself should formulate opinions on the overall
realization of economic and monetary union’. he orientation of monetary and exchange rate policy.
heads of state agreed to discuss the means of achiev- In the second stage, which would commence only
ing this in their meeting in Madrid in June of the fol- when the Treaty had been amended, the basic EMU
lowing year, and to help them in their deliberations organs and structure would be set up. he committee
they entrusted to a committee chaired by Jacques stressed that this stage should be seen as a transition
Delors, then Commission president, and composed of period leading to the inal stage; thus it should consti-
the central bank governors and two other experts, the tute a ‘training process leading to collective decision-
‘task of studying and proposing concrete stages lead- making’, but the ultimate responsibility for policy
ing towards this union’. he committee reported just decisions would remain with national authorities
before the Madrid summit and its report is referred to during this stage. he procedure established during the
as the Delors Report on EMU. irst stage would be further strengthened and extended
he committee was of the opinion that the crea- on the basis of the amended Treaty, and policy guide-
tion of EMU must be seen as a single process, but that lines would be adopted on a majority basis. Given this
this process should be in stages, which progressively understanding, the EC would achieve the following:
led to the ultimate goal. hus the decision to enter
into the irst stage should commit an MS to the entire 1. [establish] a medium-term framework for key eco-
process. Emphasizing that the creation of EMU would nomic objectives aimed at achieving stable growth,
necessitate a common monetary policy and require a with a follow-up procedure for monitoring perform-
ances and intervening when signiicant deviations
high degree of compatibility of economic policies and
occurred;
consistency in a number of other policy areas, particu-
2. set precise, although not yet binding, rules relating to
larly in the iscal ield, the report pointed out that the
the size of annual budget deicits and their inancing;
realization of EMU would require new arrangements 3. assume a more active role as a single entity in the
which could be established only on the basis of a discussions of questions arising in the economic and
change in the Treaty of Rome and consequent changes exchange rate ield.
in national legislation.
According to the report, the irst stage should be In the monetary ield, the most signiicant feature of
concerned with the initiation of the process of creat- this stage would be the establishment of the European
ing EMU. During this stage there would be a greater System of Central Banks (ESCB) to absorb the previ-
convergence of economic performance through the ous institutional monetary arrangements. he ESCB
strengthening of economic and monetary policy coor- would start the transition with a irst stage in which
dination within the existing institutional framework. the coordination of independent monetary policies
he economic measures would be concerned with SEM would be carried out by the Committee of Central Bank
168 David Mayes and Ali El-Agraa
Governors. It was envisaged that the formulation and As agreed, the report was the main item for discussion
implementation of a common monetary policy would at the EC summit which opened in Madrid on 24 June
take place in the inal stage; during this stage, exchange 1989. In that meeting MSs decided to call a conference
rate realignments would not be allowed, barring excep- that would determine the route to be taken to EMU.
tional circumstances. his agreement was facilitated by a surprisingly con-
he report stresses that the second stage would ciliatory Margaret hatcher, British prime minister, on
require a number of actions – for example: the opening day of the summit. Instead of insisting (as
was expected) that the UK would join the ERM ‘when
1. National monetary policy would be executed in
the time is ripe’, she set out ive conditions for joining:
accordance with the general monetary orientations
set up for the EC as a whole. 1. a lower UK inlation rate and in the EC as a whole;
2. A certain amount of foreign exchange reserves 2. abolition of all exchange controls (at the time, and
would be pooled and used to conduct interventions for two years after, Italy, France and Spain had
in accordance with the guidelines established by them);
the ESCB. 3. progress towards an SEM;
3. he ESCB would have to regulate the monetary and 4. liberalization of inancial services;
banking system to achieve a minimum harmoniza- 5. agreement on competition policy.
tion of provisions (such as reserve requirements or
Since these were minor conditions relative to the
payment arrangements) necessary for the future
demands for creating EMU, all MSs endorsed the
conduct of a common monetary policy.
report and agreed on 1 July 1990 as the deadline for the
he inal stage would begin with the irrevocable ixing commencement of the irst stage.
of MSs’ exchange rates and the attribution to EC institu- he three-stage timetable for EMU did start on 1 July
tions of the full monetary and economic consequences. 1990, with the launch of the irst phase of intensiied
It is envisaged that during this stage the national cur- economic cooperation during which all MSs were to
rencies will eventually be replaced by a single EC cur- submit their currencies to the ERM. he main target of
rency. In the economic ield, the transition to this stage this activity was the UK, whose currency was not sub-
is seen to be marked by three developments: ject to the ERM discipline; the UK joined in 1991 (the
decision was announced at the Madrid Summit of June
1. EC structural and regional policies might have to be 1989 while Margaret hatcher was still in oice), but
further strengthened. withdrew from it in 1992, as did Italy.
2. EC macroeconomic and budgetary rules and proce- he second stage is clariied in the TEU. It was to
dures would have to become binding. start in 1994. During this stage the EU was to create
3. he EC role in the process of international policy the European Monetary Institute (EMI) to prepare the
cooperation would have to become fuller and more way for a European Central Bank (ECB), which would
positive. start operating on 1 January 1997. Although this was
upset by the 1992 turmoil in the EMS, the compro-
In the monetary ield, the irrevocable ixing of exchange
mises reached at the Edinburgh summit of December
rates would come into efect and the transition to a
1992 (deemed necessary for creating the conditions
single monetary policy and a single currency would be
which resulted in a successful second referendum on
made. he ESCB would assume full responsibilities,
the TEU in Denmark and hence in UK ratiication; see
especially in four speciic areas:
Chapter 2) did not water down the TEU too much. Be
1. he formulation and implementation of monetary that as it may, the TEU already allowed Denmark and
policy. the UK to opt out of the inal stage when EU currency
2. Exchange market intervention in third currencies. rates would be permanently and irrevocably ixed and
3. he pooling and management of all foreign a single currency loated. However, in a separate pro-
exchange reserves. tocol, all the then twelve EC MSs declared that the
4. Technical and regulatory preparations necessary drive to a single currency in the 1990s was ‘irrevers-
for the transition to a single EC currency. ible’. Denmark, which supported the decision, was an
The development of EU economic and monetary integration 169
exception, because its constitution demands the hold- deicit exists is open to interpretation and is decided
ing of a referendum on this issue. he rationale for the by the Council under qualiied majority voting (see
UK was its very speciic problems (see El-Agraa 2002b). Chapter 3). In helping the Council decide, the
A single currency (the euro), to be managed by an Commission is to look at the medium term and
independent ECB, was to be introduced as early as quite explicitly can have the opinion that there is an
1997 if seven of the then twelve EC MSs passed the strict excessive deicit if there is risk, ‘notwithstanding the
economic criteria required for its successful operation, fulilment of the requirements under the criteria’.
and in 1999 at the very latest. hese conditions were as 5. Currency stability – ‘Membership required that a[n]
follows: MS has respected the normal luctuation margin
provided for by the exchange rate mechanism . . .
1. Price stability – Membership required ‘a price per- without severe tensions for at least two years before
formance that is sustainable and an average rate of the examination. In particular, [it] shall not have
inlation, observed over a period of one year before devalued its currency’s bilateral central rate against
the examination, that does not exceed by more any other [MS’s] currency on its own initiative for
than [1.5] percentage points that of, at most, the the same period.
three best performing’ EC [MSs]. Inlation ‘shall be
measured by means of the consumer price index on One is, of course, perfectly justiied in asking about the
a comparable basis, taking into account diferences theoretical rationale for these convergence criteria. he
in national deinitions’. answer is simply that there is none – for example, the
2. Interest rates – Membership required that, ‘observed inlation criterion is not even based on NAIRUs (that
over a period of one year before the examination, a is, inlation could be convergent simply because the
[MS] has had an average nominal long-term inter- economy is out of internal equilibrium over the exami-
est rate that does not exceed by more than two nation period; see Chapter 10) – and there is no way
percentage points that of, at most, the three best to evaluate whether or not a 60 per cent of GDP public
performing [MSs] in terms of price stability. Interest debt is better or worse than, say, a 65 per cent of GDP
rates shall be measured on the basis of long-term rate. Normally the criterion used for assessing the debt
government bonds or comparable securities, taking position of a country in rating its debt is ‘sustainability’,
into account diferences in national deinitions.’ which is subject to a wide range of considerations. One
3. Budget deicits – Membership required that an MS easy rationalization that could be applied is that 3 per
‘has achieved a government budgetary position cent of GDP happened to be the average level of public
without a deicit that is excessive’ (Article 109j). investment at that time, and MSs deemed this percent-
However, what is to be considered excessive is age acceptable. Given this, it is often also accepted that
determined in Article 104c.6, which simply states investment – provided it has an equivalent inancial
that the Council shall decide after an overall assess- rate of return – can be sustainably inanced by a budget
ment ‘whether an excessive deicit exists’. he pro- deicit. Calculating this at the steady state of equilib-
tocol sets the criterion for an excessive deicit as rium and a compound rate of interest of 5 per cent per
being 3 per cent of GDP. However, there are provi- annum results in a public borrowing of 60 per cent of
sos if ‘either the ratio has declined substantially and GDP (see Buiter et al. 1993), which also happened to
continuously and reached a level that comes close be the average at the time; alternatively, one could start
to the reference value; or . . . the excess over the ref- the calculation with 5 per cent.
erence value is only exceptional and temporary and he important requirements for a stable system are
the ratio remained close to the reference value’. that no MS should be able to run its economy in a way
4. Public debt – Here the requirement in the protocol that increases the cost for the others. Provided that the
is that the ratio of government debt should not minimum standard set is high enough, the Eurozone as
exceed 60 per cent of GDP. But again there is an a whole will get the inest credit ratings/lowest interest
important proviso: ‘unless the ratio is suiciently costs. Unless there is some means of diferentiation, the
diminishing and approaching the reference value single exchange and interest rate for EMU will relect
at a satisfactory pace’. Whether such an excessive the aggregate behaviour. In a more developed federal
170 David Mayes and Ali El-Agraa
system it becomes possible to have two sorts of public Fourteen MSs had government deicits of 3 per cent
debt, such as in the USA, for example. hen states have of GDP or less in 1997: Austria, Belgium, Denmark,
the ability to raise their own debt, but subject to limits Finland, France, Germany, Ireland, Italy, Luxembourg,
and very explicitly without a guarantee from the fed- the Netherlands, Portugal, Spain, Sweden and the UK.
eral authorities. he USA therefore shows noticeable MSs had achieved signiicant reductions in the level
spreads for local and state debt, and some have indeed of government borrowing, in particular in 1997. his
got into diiculty. remarkable outcome was the result of MSs govern-
It is interesting to note that the timing of these con- ments’ determined eforts to tackle excessive deicits,
vergence tests has been crucial. If they had occurred combined with the efects of lower interest rates and
in 1992, only France and Luxembourg would have stronger growth in the European economy.
scored full marks – that is, ive points. he others In 1997 government debt was below the TEU refer-
would have scored as follows: Denmark and the UK ence value of 60 per cent of GDP in four MSs – Finland,
four points each; Belgium, Germany and Ireland three France, Luxembourg and the UK. According to the
points each; Netherlands two points; Italy and Spain TEU, countries may exceed this value as long as the
one point; Greece and Portugal no points. Hence EMU debt ratio is ‘suiciently diminishing and approaching
could not have been introduced, since seven countries the reference value at a satisfactory pace’ (see page
would have needed to score full marks for this purpose. 169). his was deemed to be the case in almost all MSs
he position at the end of 1996 was even worse, since with debt ratios above 60 per cent in 1997. Only in
only Luxembourg qualiied. hus the third stage of Germany, where the ratio was just above 60 per cent
EMU did not begin by the earlier date of 1997. What of GDP and the exceptional costs of uniication con-
is extraordinary is the turnaround by the inal qualify- tinued to bear heavily, was there a small rise in 1997.
ing date of 1998. hen only one country, Greece, was All countries above the 60 per cent ratio were expected
deemed not to qualify, and even Greece was able to to see reductions in their debt levels. he Commission
qualify at the irst reassessment in 2000 (although it concluded that ‘the conditions were in place for the
has subsequently been revealed that some of the statis- continuation of a sustained decline in debt ratio in
tics involved were knowingly inaccurate, and this was future years’ (CEU 1998e, p. 33).
conirmed during the recent inancial crisis). However, hus it should be clear that the EMU envisaged in the
one should hasten to add the proviso, regarding this Delors Report and detailed and endorsed in the TEU
test, that the text permitted the exercise of consider- is consistent with and satisies all the requirements
able discretion, reinforced by Article 6 of the protocol, of a full economic and monetary union in the sense
which states that the Council shall, acting unanimously described in Chapter 10.
on a proposal from the Commission and after consult-
ing the European Parliament, EMI or ECB, as the case
may be, and the Committee referred to in Article 109c, 11.5 The transition to EMU
adopt appropriate provisions to lay down the details of
the convergence criteria referred to in Article 109j of the As the EU progressed towards EMU it was opening
TEU, which shall then replace this Protocol. itself up to the possibility of severe strains through the
he data on which the decision on 2 May 1998 was EMS, as exchange controls were removed as part of
based (see Table 11.1, page 172) were deemed, in the stage 1. he removal posed two problems for the EMS.
opinion of the Commission, to indicate that eleven First, a protection against speculation was lost. Second,
nations had passed the test. Of the remaining four, because interest parity was no longer prevented, inter-
three (Denmark, the UK and Sweden) had already est rates everywhere were tightly linked, as the amount
decided not to join in the irst wave, and Greece was of expected depreciation was conined by the bands of
not in the running. he Commission’s interpretation of permissible luctuations of the currencies against one
MSs’ performance was clearly lexible (the EMI, which another. Because Germany was by far the largest EMS
was also charged with issuing a convergence report, economy, this meant that interest rates, and hence
was of exactly the same opinion as the Commission monetary policy, everywhere in the system were domi-
(EMI 1998)). nated by Germany. Unless Germany, in turn, tempered
The development of EU economic and monetary integration 171
its monetary policy by concern for the economic situ- there were alternative short-run solutions. One way in
ation in other countries, this could turn out to be an which countries can recover a greater measure of inde-
unacceptable state of afairs, as indeed proved to be the pendence from the dominant power is to enlarge the
case in 1992–3. bands of exchange rate luctuation, which is what they
hese problems were realized and various solutions did in 1993; another would have been to compromise
proposed. First, as regards the problem of specula- on SEM by retaining a measure of exchange control.
tion, EMS mechanisms were improved by measures Either device has obvious counter-speculative advan-
to accommodate automatic lending by a strong cur- tages too. If maintained over the long term, these alter-
rency country to a weak currency country in the event native solutions would have been, in efect, a defeat for
of need; whereas previously this automaticity applied the higher aspirations of EMU. he second mechanism
only when intervention was taking place at the edge was not used, but it is not diicult to think of circum-
of the band, since the deliberations of EMS inance stances in which it might have been, given the increas-
ministers in Nyborg in September 1987, it applied ing popularity in the late 1990s of the idea of putting
also to so-called intra-marginal intervention – that is, ‘sand in the wheels’ of international inancial transac-
foreign exchange operations taking place to support tions in order to limit their volatility.
a currency before it has reached its limit. hese new he forecast threat to the system duly occurred in
provisions were tested by a speculative run on the September 1992. Uncertainty about the outcome of
French franc in the autumn of 1987 and proved suc- the French referendum on the TEU contributed to
cessful; the Bundesbank lent heavily to the Banque de speculation against the weakest currencies in the ERM,
France, but the lending was rapidly repaid once the sterling and the lira. Neither was able to resist the pres-
speculation subsided and conidence returned. he sure, despite substantial increases in interest rates. By
second problem, concerning excessive German domi- the summer of 1993 not even the French franc could
nance, was only resolved by moving on to full EMU. survive the pressure, and the bands had to be widened
he Nyborg provisions called for much closer mone- to ±15 per cent to allow it to devalue without realigning
tary cooperation, implying more continuous exchange within the system.
of information, and interest rate movements within Other currencies also came under pressure and were
the EMS after that time displayed a high degree of forced to devalue. here was considerable pressure on
synchronization. However, the cooperation called for the French franc in September 1992, but it survived,
also seemed to imply a degree of common decision- aided by substantial intervention by the Bundesbank
making, going beyond simply following a German on its behalf. It is arguable that all the currencies that
lead, in a prompt and well-prepared way. Progress were devalued were in some sense overvalued in terms
on this front is less evident. he anxiety of France on of their long-term sustainable values. One interpreta-
this score, however, led to important initiatives. First, tion of this is the Fundamental Equilibrium Exchange
France called on Germany to discuss economic policy Rate (FEER), the rate at which the balance of payments
on a regular basis and an economic council was set up is sustainable in the long run. However, the problem
for this purpose. Second, it was on French initiatives was not merely one of great domestic inlation by the
that the EC was led to call for an investigation into devaluing countries, but of the special problems of
the requirements of full EMU, an investigation sub- the dominant German economy leading to a diver-
sequently carried out by the Delors Committee, the gence from the domestic objectives of the other MSs.2
recommendations of whose report were endorsed by German interest rates were driven up by the need to
all twelve EC MSs in June 1989, leading to the TEU inance uniication over and above the willingness to
(see page 167). raise taxes. With the tight linkage of EMS interest rates,
he path that EMS participants agreed to follow other states also had to have rates that were high in
thus called for increasing intervention resources and real terms.
other devices to combat the threat of speculation, and In the UK case it was clearly a relief that ERM con-
for increased economic and monetary cooperation straints could be broken. Interest rates had already been
between MSs, eventually leading to the creation of the progressively cut to the point that sterling was close
European Central Bank (ECB). But we should note that to its lower bound. A domestic recession was being
Table 11.1 EU member states’ performance with regard to the convergence criteria
Notes:
a
Percentage change in arithmetic average of the latest twelve-monthly harmonized indices of consumer prices (HICPs) relative to the arithmetic average of the
twelve HICPs of the previous period.
b
Council decisions of 26 September 1994, 10 July 1995, 27 June 1996 and 30 June 1997.
c
A negative sign for the government deicit indicates a surplus.
d
Average maturity ten years; average of the last twelve months.
e
Deinition adopted in this report: simple arithmetic average of the inlation rates of the three best-performing member states in terms of price stability plus 1.5
percentage points.
f
Deinition adopted in this report: simple arithmetic average of the twelve-month average of interest rates of the three best-performing member states in terms of
price stability plus two percentage points.
g
Commission-recommended abrogation.
h
Since March 1998.
i
Average of the available data during the past twelve months.
j
Since November 1996.
k
Since October 1996.
Source: CEU 1998e, Table 1.1, p. 34
174 David Mayes and Ali El-Agraa
exacerbated by the inability to use monetary policy to however, convergence was easier. Just as the adverse
alleviate it. On exit, interest rates were lowered by four circumstances in the mid-1990s were bad luck, so the
percentage points in virtually as many months. here EU was extremely lucky that 1996–8 was a period of
was no immediate prospect of sterling re-entering the very considerable stability. Even the Asian crisis did
ERM, and indeed its fall of over 15 per cent is no larger not have a marked efect, and decreased the chance of
than that suggested by the FEER, and its subsequent rise importing inlation from the rest of the world.
as the economy recovered was predictable. Once inancial markets felt that iscal convergence
he EMS sufered considerably through being and EMU were likely, this expectation brought the
unable to organize an orderly realignment of exchange required convergence in real interest rates. Had it not
rates. he mechanisms existed, but political pressures been possible for some MSs that had experienced the
meant that MSs could not agree among themselves. greatest diiculty in converging to join then, it is likely
Blame has been placed in a number of quarters – on that they would have experienced considerable pres-
the Bundesbank for not taking greater account of the sures in the period immediately after the decision. he
impact of its policy on other MSs, and on the UK for loss of credibility involved would then have made join-
not being sincere in trying to maintain parity within ing at a subsequent date much more expensive than it
the bounds – but the basic weakness of the system was for those who were successful earlier on.
remained: that trying to have narrow bands without Eurosystem creation has established three groups of
exchange controls is really not sustainable when there countries within the EU: those who are in the Eurozone,
are substantial shocks to the system. his was admitted those who are outside but intend to join at some date in
in practice by widening the bands. the reasonably near future, and those who are outside
he EMS took a back seat after the devaluations of but have no immediate plans to join. In one sense, all
September 1992 and the widening of the band to ±15 MSs that are outside the Eurozone, except Denmark
per cent in August 1993. However, the EMS remained and the UK, fall into the second group, as they are sup-
intact and slowly regained credibility. Despite three posed to join as soon as they have met the convergence
devaluations of the peseta and the escudo between criteria – which are still the same as those applied
November 1992 and March 1995, the participating cur- originally under the TEU. hus, rather than the more
rencies moved back into closer alignment. At the end of logical idea of converging to the performance of the
1996 all bar the Irish punt were within the ±2.25 per cent existing Eurozone MSs, convergence is still required
band. Although sterling and the drachma remained out- to that of the three best-performing members of the
side the ERM and the Swedish krona did not join, Italy EU as a whole, which on some occasions have all been
rejoined in November 1996 and Finland (October 1996) non-Eurozone MSs in the case of inlation. Denmark
and Austria (January 1995) also became participants. and the UK have a derogation from this requirement
As we have noted, the EMS survived through to its to join, and are free to pursue their own independent
replacement by the Eurosystem at the start of 1999 monetary policies, just as they could outside the ERM
primarily because of the determination of EU gov- of the previous EMS. However, it appears that Sweden
ernments to qualify for EMU under TEU criteria. he is at present a de facto member of the third group
restraints on iscal policy from needing to keep deicits as well, since Eurozone membership was decisively
below 3 per cent of GDP and debt below 60 per cent (or rejected (by 14 percentage points) in a referendum
make credible progress towards 60 per cent) simulta- on 14 September 2003 (see Mayes 2004, and the other
neously helped inlation to converge and MSs to get contributors to the same symposium in Cooperation
their business cycles in line. he steady development of and Conlict for a deeper discussion). he ten new MSs
the SEM has integrated them further. (NMSs) that joined the EU in May 2004 and the two
In part, the reason why stage 3 of EMU did not begin that joined in 2007 varied in their enthusiasm for how
in 1997 was simply that the convergence period after fast they wished to join the Eurozone, with Estonia,
the shocks of 1992–3 was just too short, particularly for Lithuania and Slovenia indicating that they wished to
countries like Sweden and Finland, where the shocks join at the irst opportunity. Latvia and then Cyprus,
were greatest, but the evolution of the general eco- Malta and Slovakia have also opted for rapid entry, but
nomic cycles was not favourable. From then onwards, others have set more cautious timetables.
The development of EU economic and monetary integration 175
he Eurosystem has created an extension of the ERM some ways dependency will actually aford strength to
labelled ERM II, which MSs that wish to adopt the euro the system, as it makes stable alternatives substantially
should join during the convergence period. hus the more costly for the applicants. hus not only will they
countries mentioned above – Cyprus, Estonia, Latvia, have a strong incentive to try to remain in the system and
Lithuania, Malta and Slovenia – joined, along with not follow policies that are likely to lead to downward
Slovakia, which entered in November 2005. Denmark realignments, but the existence of these incentives will
is also participating in ERM II voluntarily, but operat- be obvious to everybody else as well, thereby increasing
ing in a tighter band. he rules are similar to those that the credibility of the commitment.
faced the new members Austria, Finland and Sweden However, NMSs have found ERM II a diicult propo-
under the original ERM. heir currencies did not form sition, as they are still undergoing a major process of
part of the ECU basket, and hence if their exchange structural change and have not in some cases achieved
rate moved with respect to the other members it did sustainably low inlation. It is therefore likely that, as
not afect the value of the ECU itself. Membership is with the original ERM, the weaker NMSs will experi-
notional for Estonia and Lithuania as they have cur- ence real exchange rate increases that will ultimately
rency boards based on the euro and their exchange force them into realignments. Adopting a currency
rates with it are completely ixed. board based on the euro may ofer greater credibility.
A central value is agreed between the ECB and an Ironically, one element of convergence to the behav-
MS for the exchange rate with the euro. he intention iour of the Eurosystem may be easier than for some of
then appears to be for the rate to remain within the the existing ESCB MSs, as the applicants are in the main
same 2.25 per cent range that prevailed within the ERM. heavily integrated with the Eurozone economy already,
Realignments are possible and indeed have already even though geography might have led one to expect
happened for Greece (upwards). However, the terms closer links with third countries. Particularly in the case
are not precise. In its 2006 Convergence Report, the ECB of the former Soviet bloc countries, the economic ties
explains its application of TEU provisions as ‘whether further east have been thoroughly broken. It is thus
the country has participated in ERM II for a period of the problems of transition that are likely to present the
at least two years prior to the convergence examination greatest strains, rather than worries about asymmetric
without severe tensions, in particular without devalu- shocks that have afected countries like the UK with
ing against . . . [the] euro.’ However, actual membership substantial economic linkages outside the Eurozone.
is not compelled for the full period: ‘absence of “severe Transition is likely to be slow in some cases, par-
tensions” is generally assessed by (i) examining the ticularly for those countries that have not yet been
degree of deviation of exchange rates from ERM II cen- accepted for EU membership, so ERM II is also likely
tral rates against [the] euro; (ii) using indicators such to be a relatively long-lived arrangement. However, in
as exchange rate volatility vis-à-vis eurozone and their many cases NMSs will feel that they would rather com-
development; and (iii) considering the role played by plete the process of adjustment within EMU than out-
foreign exchange interventions’ (ECB 2006, p. 17). side. he credibility and hence much lower real interest
ERM II is thus a rather one-sided afair, very much rates ofered by membership may very well be thought
reminiscent of the early days of the original ERM. It is for to outweigh the gains from exchange rate lexibility.
the applicants to adjust to the behaviour of the Eurozone: Massive changes in their labour markets are known to
euro monetary policy is run without regard to their prob- be inevitable, so there may be a willingness to accept
lems; it is the ECB that determines the parities. he ECB the pressures on non-monetary and non-iscal routes
(and the Commission) will ofer an opinion on whether to adjustment, a process that has presented consider-
convergence has occurred. In the case of Greece, the able diiculties for many of the current EU MSs.
government was keen to go ahead with Eurozone mem- he combination of the SEM and the absence of
bership as soon as possible. It was accepted for mem- exchange controls clearly added to the risk from spec-
bership in June 2000 and joined the Eurosystem at the ulative pressures for EMS. It is not surprising, there-
beginning of 2001. Even if all twelve NMSs were to join fore, that there was very strong pressure to move to
ERM II, the system would be highly unbalanced in favour stage 3 of EMU, despite the costs of transition. his
of the Eurosystem in terms of relative economic size. In still applies, and Lithuania and Slovenia asked to be
176 David Mayes and Ali El-Agraa
evaluated in 2006. Slovenia succeeded and became point to the extra costs from staying outside, but
the thirteenth Eurosystem member at the beginning shadowing the euro very closely, except in terms of
of 2007, but Lithuania failed by the narrowest possible forgoing a seat at the table (both in the ECB and the
margin – its inlation rate was 0.1 per cent too high: Eurozone). With little right of veto, the impact of a
2.7 per cent compared to the average of the lowest single small country is rarely going to be decisive.
three inlation MSs of 1.1 per cent (and the area aver- 2. Some of the joining countries, particularly Finland
age of 2.3 per cent); it met all the other conditions. (see Mayes and Suvanto 2002), have put a much
Attention was also drawn to its substantial current higher weight on the expectation that Eurozone
account balance of payments deicit (5.6 per cent membership would change behaviour for the
of GDP). Since the three lowest inlation MSs were better. Furthermore, in the case of both Finland
Finland, Sweden and Poland, two of which were not and the Irish Republic, the expectation has been
in the Eurozone, there are strong grounds for contest- that membership would support their propensity
ing the economic sense of the process. (Estonia did for faster than average growth by ofering lower real
not bother to apply, because although it met all the interest rates and dampening inlationary pressures
other criteria easily, it knew its inlation at the time through the threat of competition.
would be clearly too high.) Since then Cyprus and 3. It is better to adjust irst, making use of the extra
Malta, then Slovakia and inally Estonia have joined, lexibility available, and join second. his has been
the last on 1 January 2011. very much the view in Sweden, set out at length in
the report of the Calmfors Commission that was
appointed by the Swedish government to assess
the costs and beneits of full EMU participation
11.6 The decision over membership of
(Calmfors et al. 1997). his caution, particularly
EMU
about being able to cushion the impact of shocks
on employment and unemployment, remains
We address two questions in this section – the sensible
in the more recent Commission on Stabilization
strategy for NMSs in the face of EMU membership
Policy for Full Employment in the Event of Sweden
criteria, and the decision of Denmark, Sweden and the
Joining the Monetary Union (Johansson et al.
UK to stay out of the Eurozone – as they both relect
2002). he commission concludes: ‘Our view is
clearly on the economic logic of membership of EMU
that changes in the degree of nominal wage lex-
for potential and existing members.
ibility are likely to compensate only to a minor
It might appear odd, prima facie, in purely economic
extent for the loss of national monetary policy as
terms, that the UK, Sweden and Denmark have chosen
an instrument of stabilization policy’ (p. 3). Indeed
to stay out of stage 3 of EMU, while other countries
they see that wages in Sweden might themselves
that seem less convergent on standard optimum cur-
be a source of shocks. his reaction relects a gen-
rency area (OCA) criteria (see Chapter 10), such as
eral expectation that lexibility will not work. he
Finland, Greece and the Irish Republic, have chosen
same argument is applied to luctuations in work-
to join. Setting aside the political issues, there are three
ing hours. Because so much of the area of work-
simple economic reasons that help explain the deci-
ing hours is statutorily controlled, the commission
sions, but the case of the UK stands out for a further
(pp. 5–6) did not see this as being able to act as a
reason. he UK is larger in economic terms than the
shock absorber. If rules were changed they would
other ive countries mentioned above taken together. It
apply to all sectors. he rigidities imposed on the
is the only EU MS with a world-scale inancial market,
labour market mean that it is necessary to look
although Frankfurt has been improving its relative
elsewhere for ofsetting luctuations in the system.
position. We therefore spend rather more time on the
his implies that much of the successful readjust-
UK in the rest of this section.
ment of the Swedish economy to the crisis at the
he simple economic reasons are:
beginning of the 1990s can be attributed to the
1. Life on the outside has been successful. It is very operation of monetary policy and to the movement
diicult in the case of Denmark, for example, to in the exchange rate.
The development of EU economic and monetary integration 177
One might wish to add two further reasons. he irst is a As noted earlier, it is largely an empirical question
much more pessimistic view of the secondary beneits whether a country can achieve structural change rap-
that could accrue under a more complete EMU than in idly without inlating. As noted above, Bulgaria, Cyprus,
the partial or ‘pseudo’ union envisaged in the Corden– Estonia, Latvia, Lithuania and Malta have all success-
Fleming model (see Chapter 10). his would be par- fully (thus far) already pegged their exchange rate and
ticularly true for countries that expect to be net payers hence know how easy/diicult it is to adjust when they
rather than net recipients. he second is that, if a coun- get asymmetric shocks that do not afect their partners.3
try feels that it is already more lexible than its poten- he Baltic states have already had one such shock, with
tial partners, membership and a tendency towards the Russian crisis of 1998, and weathered it without the
common behaviour might actually be retrogressive and system collapsing. Other countries, including Poland
result in a structure that generates slower growth. Some and particularly Hungary, have experienced more dif-
of this lavour emerges from UK discussion. iculty, both in iscal restraint and, in Hungary’s case, in
NMSs face a rather diferent balance of interests. maintaining a smooth exchange rate regime. he Czech
In general, their economic position and policies are Republic also encountered diiculties in the aftermath
less credible than those of Eurozone MSs and hence of the Asian crises, as there was a general move of
they will get clear beneits from lower interest rates. investors away from higher-risk countries.
Similarly, the constraints that qualifying imposes on he most common exposition of the problem,
iscal policy will provide helpful external pressures that however, is to refer to the Balassa–Samuelson efect
domestic political conditions might otherwise ind dif- (Björksten 1999), which points out that prices of highly
icult. Most of the countries, Poland excepted, are also traded goods will tend to be at international levels
small, which limits their ability to build up an efective around the world. Typically they will also show produc-
anchor for inlation on their own. hey tend to meet tivity growth relative to domestic services. Hence achiev-
many OCA criteria, with the exception of real conver- ing balanced growth across the industrial spectrum will
gence, and their trade pattern is strongly integrated tend to involve non-traded goods and services rising in
with the EU. It is really only one main factor that inhib- relative price. It may prove diicult for market forces to
its their rushing to join stage 3 of EMU before some- manage this without excess inlation in the price level as
thing goes wrong. With the exception of Cyprus and a whole. here have been a variety of estimates of the size
Malta, they have low price levels, wages and output per of this efect, but something of the order of 1 per cent a
head, and expect to grow faster than existing Eurozone year, or a little more, seems to be widely accepted.
MSs over at least the next twenty to thirty years – that Taken together, this will tend to mean that MSs that
is, they expect an extended period of real convergence. are currently pegging to the euro will want to join early
his in turn will mean that their rate of inlation is and will hope that at some stage they will meet the
likely to exceed that of current members. While this convergence criteria, as they have nothing to gain from
gives them a straightforward problem of meeting the being outside except leaving the peg, which would be
convergence criteria – they would have to go through a serious blow to credibility and have a cost for several
a period of unusually low inlation that looks sustain- years to come. Inlation-targeting countries, on the
able – it also poses problems of whether it is better to other hand, along with countries that are managing the
adjust partly through the nominal exchange rate. he real exchange rate, as has been the case with Slovenia,
Czech Republic in particular regards it as beneicial are likely to want to wait longer until they are closer
to keep domestic inlation low by inlation targeting, to real convergence. At that point, nominal exchange
which means that it will have comparable inlation to rate movements are likely to be compatible with the
the Eurozone, but some exchange rate appreciation. convergence criteria.
Countries that join early can only make such adjust- In 2010–11, we have seen the consequences of asym-
ments through the real exchange rate. If the process metric shocks for Eurozone countries. First Greece,
were smooth this might not matter, but if it overshoots then Ireland and inally Portugal got into such diiculty
then adjustment through an independent exchange that their governments’ debts rose to the point that a
rate may well prove easier than having to rely entirely joint bail-out by other MSs and the IMF was agreed.
on iscal policy to disinlate.
178 David Mayes and Ali El-Agraa
asymmetric shocks within an EMU. he monetary side ultimately proved disastrous for Ireland, but successful
of EMU in Europe involves new institutions and a for Finland, where iscal policy has been highly pru-
strong legal basis for a single monetary policy. he eco- dent and, as a result, inlation has remained below the
nomic side, on the other hand, relies on relatively soft Eurozone average.
coordination among MSs through a series of processes In the next chapter we will look at the operation of
regulated by the Stability and Growth Pact (SGP; see EMU in more detail.
Chapter 12). As soon as SGP constraints have started to
bind, those afected have tended to complain and seek
ways round the restrictions. his has led to both popu- Summary
lar scepticism and academic criticism, because the
terms of the pact are rather simplistic and pragmatic • From 1967, the prevailing world order for exchange
and not founded on clear economic principles. rates, established as part of the Bretton Woods
he reality, however, has been a major turnaround in agreement in 1944, began to fall apart. he main
the macroeconomic behaviour of many EU economies, problem was that the USA, hindered by the cost of
particularly those that were facing the greater inlation- the Vietnam war, was no longer able to act as the
ary and budgetary problems. his change has been anchor for the international system.
perpetuated after the initial convergence conditions for • Other countries therefore had to look elsewhere
membership of stage 3 were met and has resulted in a for stability. he EC tried to create a locally stable
much more prudent iscal basis for the EU. Conditions system with the same sort of architecture for itself.
are not as good as they were in the period when the In 1969 the Six decided that the EC should pro-
countries were seeking membership, but much better gressively transform itself into an EMU, and set
than in the previous period since the 1960s. As noted up a committee, led by Pierre Werner, to consider
elsewhere (Chapters 12 and 22), this process is by no the issues involved. he Committee’s October 1970
means complete, given the challenges from ageing inal report, the Werner Report, was endorsed by
and the continuing problems of adjustment caused by the Council in February 1971. EMU implementa-
increasing competition and the more rapid change in tion was envisaged in three stages, with the irst
products and technology. It has, however, achieved a beginning in 1971 and the third completed by 1980.
degree of success well beyond what many expected, • Although the 1971 EMU failed, after an earlier than
despite the problems of Greece, Ireland and Portugal expected successful negotiation of the irst phase
in 2011–11. and some progress during the second, the failure
A key feature of this success is that assessments of was not due to lack of commitment, determina-
the potential beneits of EMU based on pre-existing tion or both. he Nixon shock, the irst oil shock
structures of behaviour have proved mistaken. he and the enlargement shock (the admission of three
economies have become more symmetric. hus, not new members, each bringing with it its own unique
only has the chance of adverse asymmetric shocks problems) were the real culprits.
fallen, but also the automatic response of other coun- • In some quarters, the European Monetary System
tries (through the automatic stabilizers) has helped to (EMS), which began operating in 1979, has been
ofset some of the anticipated loss of lexibility from considered as the next EC attempt at EMU, but it
having a single monetary and exchange rate policy. was really little more than a mechanism devised to
Furthermore, there is evidence that bargaining and check the monetary upheavals of the 1970s by cre-
other structures have themselves responded, irrespec- ating a zone of monetary stability. In essence, EMS
tive of regulatory reform, to ofer more lexibility and is concerned with the creation of an EC currency
hence reduce the real impact of shocks. zone within which there is discipline for manag-
Lastly, countries such as Finland and the Irish ing exchange rates. his discipline is known as the
Republic have demonstrated that in EMU favoura- Exchange Rate Mechanism (ERM), which asks a
ble asymmetric shocks are also ampliied, resulting member nation to intervene to reverse a trend when
in faster growth and more inlation than would oth- 75 per cent of the allowed exchange rate variation
erwise have been possible – a combination which of ±2.25 per cent is reached; this is similar to what
The development of EU economic and monetary integration 181
182
The operation of EMU 183
Eurosystem
Executive Board (EB) Governing General Council
Council (GC)
• President • President
• Vice‐President • President • Vice‐President
• Four other EB • Vice-President • Governors of all EU
members • Four other EB Member States’ NCBs
members
• Governors of
eurozone NCBs
Figure 12.1 Structure of the European System of Central Banks Source: adapted from the ECB’s website
but may not vote. Figure 12.1 may help to clarify the To complete the confusion over labels, the
structure. Eurosystem has a Monetary Policy Committee, but,
he Eurosystem is relatively decentralized compared unlike the UK and many other central banks around
to the USA’s Federal Reserve System, although the the world, this is not the decision-making body on
names for the various institutions imply the opposite monetary policy. It organizes and discusses the main
relative structures. he central institution in the USA, evidence and discussion papers to be put before the
the Board of Governors of the Federal Reserve System, Governing Council on monetary matters.
which is the controlling body, having powers over the here are, however, some key characteristics of this
budgets of the twelve Federal Reserve Banks, does structure and other elements of the institutional set-up
not have another label for its staf and administrative of the Eurosystem that have important implications
operations. he seven governors of the Federal Reserve for policy. As the Delors Committee (see Chapter 11),
Board hold a voting majority on the monetary policy- which designed the set-up for the Eurosystem, was
making body, the Federal Open Market Committee composed almost entirely of central bank governors,
(FOMC), where only the president of the New York Fed it is not surprising that it is very well adjusted to the
and four of the presidents of the other Fed Banks, by current views about the needs of monetary policy.
rotation, are voting members (although all are present First of all, although the TEU sets down the objective
at each meeting and can speak).2 of monetary policy (maintaining price stability) – in
he Eurosystem, on the other hand, operates general terms – the Eurosystem has a high degree of
through a network of committees, where each NCB and independence from political inluence in exercising
the ECB has a member.3 he ECB normally provides responsibility. Not only is the taking or seeking of
the chairman and the secretariat. It is the Governing advice explicitly prohibited, but Governing Council
Council that takes the decisions, but the Executive members are protected in a number of ways in order
Board coordinates the work of the committees and to shield them from interest group pressures. First,
prepares the agenda for the Governing Council. Many they have long terms of oice – eight years in the case
of these committees meet in two compositions, one for of the Executive Board – but these are not renewable,
the Eurosystem and one for the whole ESCB, depend- so they are less likely to have any regard for the pros-
ing on the subject. pects for their next job while setting monetary policy.
184 David Mayes
Second, the proceedings are secret, so that people became clear that since exchange rate policy and the
cannot ind out how they voted. Each member is sup- objective of monetary policy are inextricably linked,
posed to act purely in a personal capacity and solely one of the two must have primacy, and ministers made
with the aims of price stability at the Eurozone level in it clear that it was price stability that was the driving
mind, without regard to national interests. No system force. he other common objectives for a central bank
can ensure this, but a well-designed one substantially of maximizing employment and the rate of economic
increases the chance of this happening. More impor- growth – in this case expressed as ‘without prejudice to
tantly, it can reduce any belief that the members will the objective of price stability . . . [the] ESCB shall sup-
act with national or other interests in mind. hird, the port the general economic [EU] policies’ – are clearly
Eurosystem is explicitly prohibited from ‘monetizing’ subservient.
government deicits.4 However, for monetary policy to be credible it is
he point of trying to achieve this independence is necessary that the objective should be clear enough
simply credibility – to try to maximize the belief that the for people to act on and that the central bank’s behav-
Eurosystem will actually do just what it has been asked iour in trying to achieve that objective should be both
to do – namely, maintain price stability. he stronger observable and understandable as a feasible approach
that belief can be, the less costly monetary policy will to success. Here the ECB had to deine the objective,
be. If people do not believe that the ECB will be suc- since the TEU’s concept of price stability is far too
cessful, they will base their behaviour on that belief. vague to be workable. hey opted for inlation over the
Hence price- and wage-setters who believe that there medium term of less than 2 per cent. hey also deined
will be increases in inlation substantially beyond what the inlation they were talking about as that in the har-
the ECB says it will deliver will set their prices with that monized index of consumer prices (HICP). After a swift
higher outcome in mind. hat means that the ECB then clariication that this meant that zero inlation was the
has to struggle against that belief, thereby entailing lower bound, the speciication was widely criticized
high interest rates. hus, even though the ECB may for being too inexact (compared with other central
intend exactly the same outcomes in both cases, it does banks). Not only is the length of the medium term not
not have to run such high interest rates to achieve them spelt out, but it is not clear how much and for how long
if it is credible. prices can deviate from the target. Nor is there any
his credibility comes from other sources as well as indication of how fast inlation should be brought back
independence. he structure of the Governing Council to the target after a shock hits. In 2003 the target was
is strongly reminiscent of that of the Bundesbank. he reappraised and ‘clariied’ as being ‘less than but close
Bundesbank was highly successful in maintaining to 2 per cent’.
low inlation. By having a similar structure (probably his means that a range of policy settings would
assisted by the Frankfurt location just a few kilome- be consistent with such a target. Policy is thus inher-
tres down the road), the Eurosystem has been able to ently not very predictable – something the Governing
‘borrow’ much of the Bundesbank’s credibility. Council has sought to ofset by trying to give clear sig-
nals about interest rate changes. Despite the inevitably
difused structure of decision-making with eighteen
12.2.1 The monetary policy of the
(now twenty-three) independent decision-makers, the
Eurosystem
Eurosystem has come to ofer a single explanation of
he Eurosystem is further assisted in the inherent how it regards the working of the economy and the
credibility of its policy by having a single, simple appropriate response to it. One facet of Eurosystem
objective of price stability laid down by the TEU. If strategy that came in for criticism was what is known
a central bank has multiple objectives, it will have as the ‘two pillars’ approach. Rather than adhering to
diiculty explaining the balance between them, espe- any speciic model or suite of models, the Eurosystem
cially when they conlict. here was, for example, a announced that it would base its decisions on a wide
short period of confusion at the outset over exchange range of indicators under two pillars. he irst of these
rate policy, as the Eurosystem is not responsible for assigned a prominent role to money and has included
the regime, only the execution. However, it rapidly a ‘reference value’ for the growth of broad money (M3).
The operation of EMU 185
he second was a broadly based assessment of the out- reputation as an inlation ighter, but has been contro-
look for price developments. In the 2003 reappraisal it versial in some political circles.
was made clear that the monetary pillar was assigned One concern, which does not seem to have proved
a medium-term role and acted as a cross-check on the relevant, was the fear that NCB governors and
broad-based assessment that underpins policy deci- Executive Board members would, either explicitly or
sions. While some controversy remains, this brings unconsciously, as a result of their backgrounds, tend
Eurosystem policy more into line with thinking in other to promote monetary policy decisions that supported
central banks. If anything, the problems of the global the particular economic conditions in their country
inancial crisis have stimulated new interest in the of origin rather than in the Eurozone as a whole. As a
monetary pillar. result, complex models of coalitions have been devel-
Assigning money such an important role by at oped and there have been worries about whether those
least some of the members of the Governing Council voting in favour are suiciently representative of the
was inevitable, given that this was the Bundesbank’s Eurozone as a whole. he irst reason why this is not
policy, as well as that of some other successful pred- relevant is that the Governing Council has not been
ecessor NCBs. he particular reference value of 4.5 voting on these issues. It has operated by consensus, in
per cent growth (based on the sum of the expected the sense that decisions are taken when the majority in
medium-term inlation of around 1.5 per cent, the favour is such that the minority withdraws its objection
expected rate of growth of around 2 per cent and and does not feel the need to register dissent in some
the drift in the velocity of circulation of around 1 per public manner.
cent) has proved a problem, as it has been exceeded he possible objection to that form of behaviour is
almost all of the time and a lot of efort has had to be not some form of country bias, but that it might engen-
spent explaining the discrepancies. Similarly, the price der conservatism in policy-making. Since the records
assessment began as a narrative rather than a irmly of the debates are not published, there is no way of
based discussion of options and their possible out- inding out whether the particular structure has inhib-
comes. However, the process has developed steadily. ited or delayed action. he simplest way of judging
he Eurosystem publishes its forecasts (broad macro- the issue is to look at the voting records in the FOMC,
economic projections) twice a year, with updating by where the results are published with a lag. Here it is
ECB staf in the intervening quarters. Although these immediately clear that deep divisions over what to do
are ‘staf’ forecasts and do not necessarily represent are relatively unusual. Most of the time there is not only
the views of the Governing Council, they are increas- no division at all, but also no proposal to change policy.
ingly being used as a basis for explaining policy. he When there are divisions, the number of dissenters,
decentralized structure of the Eurosystem would make even before the vote in the debate, tends to be quite
any closer ‘ownership’ of the forecasts by decision- small. he problem is thus predicated on a much more
makers impossible. random and indeed contentious approach to policy-
he Eurosystem is, of course, in good company. making than is actually the case.
he USA’s Federal Reserve has multiple objectives and here has been strong pressure on the Governing
ofers no quantiication at all for its target for the price Council to be more open and to publish minutes of its
level/inlation. It only publishes the staf forecasts by discussions, as this would inhibit the members from
the Board of Governors with a lag. following obviously national interests. However, it is
hus far policy has been generally successful, but not at all clear what the impact would be. Publishing
between mid-2000 and 2011 inlation was stubbornly minutes or resolutions leads to more formal proceed-
above 2 per cent. It is possible to blame the rapid rise ings or taking positions for the sake of having them
in oil prices and some other shocks, but the deviation recorded if US and Japanese experiences are anything
reached the stage where it had an efect on expecta- to go by (Pollard 2003). If the real discussion is pushed
tions (as calculated from French index-linked bonds). outside the meeting into informal sub-groups and con-
At that point, the Governing Council reacted by raising sultations, the result may be counterproductive and it
interest rates ahead of a clearly revealed recovery in will be even more diicult to sort out which opinions
the economy. his helped to enhance the Eurosystem’s were responsible for which decisions.
186 David Mayes
12.3 The coordination of iscal and other • the orientation of general iscal policy (EDP, SGP
macroeconomic policies and multilateral surveillance);
• the European Employment Strategy (the Luxem-
Operating an SMP for a diverse area has proved quite bourg process; see Chapter 23); and
tricky. Policy that is well suited to some economies • the actions on structural reforms (the Cardif proc-
has been ill suited to others. It is important to be ess).
clear about the extent of the diferences. Mayes and
Virén (2000, 2002c) have shown that in some MSs the here is actually a fourth process – the Cologne proc-
exchange rate is at least twice as important as a deter- ess – which involves an informal exchange of views
minant of inlation (as compared with interest rates). twice a year between, inter alios, the current, past and
Similarly, the length of time it takes for the impact of future presidents of ECOFIN, the Employment and
policy on inlation to take its full efect also varies by a Social Afairs Councils, the ECB, the Commission and
factor of two. hus if the main problem lies in a region the social partners. hese processes are named after
where policy has both a relatively small and a relatively the location of the meeting places at which they were
slow efect, a policy based on the average experience of agreed.5 he coordination is somewhat broader than
the Eurozone would not be very eicient. this, as the annual SEM reviews are also taken into
he problem is further complicated because the account by the Economic Policy Committee (EPC):
main economic relationships involved, such as the the committee of oicials responsible for overseeing
Phillips curve (see Chapter 10), are non-linear and the Cardif process. his is not to be confused with the
asymmetric. To spell this out a little: whereas a low Economic and Financial Committee (EFC), also com-
unemployment/positive output gap has quite a strong posed of oicials, which undertakes the preparation
upward pressure on inlation, high unemployment and ofers advice for the decision-making Council of
and a negative output gap have a considerably smaller Economics and Finance Ministers (ECOFIN).
downward impact for the same-sized diference. he general approach, spelt out in some detail in
his means that simply adding up inlation rates and the Conclusions of the Lisbon Council in 2000 (see
growth across the Eurozone and exploring aggregate European Council 2000c and Chapters 7 and 14), was to
relationships will be misleading. he analysis needs to set ‘a new strategic goal for the next decade: to become
be at the disaggregated level and then summed using the most competitive and dynamic knowledge-based
the appropriate estimates of the efect in each region/ economy in the world, capable of sustainable eco-
MS. nomic growth with more and better jobs and greater
However, once we look at iscal and structural social cohesion’. his involves aiming to change the
policy these diferences become even more important, structure of EU development so that it could achieve
because they have to ofset the diferential impact of a rate of growth of 3 per cent a year (without inla-
monetary policy. he coordination of iscal and other tionary pressure), which should have been enough to
policies therefore needs not merely to permit diferent bring down unemployment/increase employment to
policy settings by each MS, subject to the constraints of acceptable levels over the course of a decade. he key
prudence, but to expect them. ingredients in this were continuing structural reform
(overseen by the Cardif process), a labour market
strategy (Luxembourg) and the development of the
12.3.1 The coordination processes for
appropriate iscal incentives through a sound budget-
macroeconomic policies
ary system within MSs. (It was amended at the end of
he structure of the ‘economic’ side of macroeconomic 2002, at the Laeken Council, by the addition of a social
policy-making thus involves constraints from following policy strategy, which follows the same form of process
policies that could harm the system as a whole – the as for the labour market.) Despite a thorough appraisal
excessive deicit procedure (EDP) with the SGP, and and rethink at the halfway stage (Sapir et al. 2003a, b,
the system of enhanced policy learning or soft coor- c), the strategy showed only limited success and was
dination under the BEPG. he annual BEPG forms the inally swept aside by the global inancial crisis that
framework that brings together three main elements: rendered its targets irrelevant. However, a new strategy
The operation of EMU 187
with similar structure and ambitions, labeled Europe it makes sense to have suicient headroom to meet
2020, has been implemented to replace it. shocks, as vividly illustrated by the global inancial
hese processes do not compel, but by agreeing crisis. his headroom is required in two respects. First,
objectives, setting out how each MS intends to achieve given the structure of automatic stabilizers, each MS
the objectives, and evaluating progress, particularly needs to be far enough away from the 3 per cent deicit
through annual reports by the Commission, they act ratio limit for the normal sorts of adverse economic
as considerable moral suasion. he meetings and the shock not to drive them over that limit. If that threatens
annual round of plans and evaluations enable MSs to to happen, the MS would need to take contractionary
learn from each other and encourage a search for best iscal action when the economy is performing weakly.
practice. hese plans can be quite detailed. he annual his was precisely the problem that faced German
National Action Plans under the Employment Strategy authorities in 2003. he combination of being too close
(see Chapter 22), for example, have covered over twenty to the limit and lower than expected growth forced
guidelines grouped under four pillars: employability, them a little over the limit. Needing to raise taxes
entrepreneurship, adaptability and equal opportuni- and restrain expenditure proved politically diicult.
ties. Although the Commission produces assessments, At the same time, French authorities also breached
much of the point of the arrangement is that it involves SGP terms, although it is more arguable that this was
multilateral surveillance, so that each country is look- deliberate rather than a result of incorrect forecast-
ing at the successes and failures of the others. ing. As a result, ECOFIN agreed to suspend the SGP
While there are obvious opportunities for window- rather than declare the two countries in breach of it, as
dressing, this process, labelled the Open Method of recommended by the Commission. he Commission
Coordination, appears to have worked remarkably appealed this decision to the European Court of Justice
well. he key feature of the method is that it does (ECJ), which ruled that ECOFIN could decide to take no
not compel speciic actions, but allows each MS, and action but that it could not suspend the process. his
indeed the regions within them, to respond to the provoked an intensive debate on how to improve the
challenges in the manner that best meets their local SGP in the light of the diiculties, and a new agreement
conditions, institutions and structures. Given that the was reached in March 2005.
whole structure of social welfare varies across the EU he extent to which an MS needs to be inside the 3
(Mayes et al. (2001) distinguish four diferent sorts of per cent boundary to avoid an undue risk of a breach
regime, for example), any given measure will have dif- and to maintain a stance that is sustainable in the long
ferent outcomes in diferent MSs. In a sense, this is an run depends on the extent of the automatic stabilizers
example of the operation of the subsidiarity principle and the distribution of expected shocks. hus a country
(see Section 2.3.4, page 30). like Finland, which has fairly large stabilizers and seems
prone to above-average shocks, would need to run a small
surplus if it is to avoid hitting the 3 per cent boundary.
12.3.2 The Stability and Growth Pact and
here is a danger (von Hagen and Mundschenk 2002)
the excessive deicit procedure
that having the 3 per cent deicit boundary will have a
As was argued above, the SGP and EDP have two fea- delationary longer-term bias on the EU if MSs compete
tures: a general orientation to ensure a policy that is too strongly to have very strong stabilizers. Sweden
sustainable over the longer term, and a constraint on might be regarded as a case in point, as its reaction to the
short-term actions – the excessive deicits – to ensure pressures from membership has been to advocate the
that the process is not derailed on the way. his general establishment of a substantial bufer fund (Johansson
orientation is to achieve budgets that are ‘in surplus or et al. 2002). hese funds, if implemented, would be far
near balance’. his orientation will actually result in a larger than Finnish bufer funds, which were put in
continuing reduction in debt ratios. While this is neces- place when Finland joined the Eurozone. However,
sary anyway for MSs exceeding the 60 per cent limit, Ricardian equivalence would suggest that simply
it has been thought generally more desirable because repaying debt should have no inluence on longer-term
of the expected strains on the system that are likely to growth; it is only having a higher tax burden today at the
occur with the ageing of the population. In any case, beneit of a lower burden in the future.
188 David Mayes
he SGP can be viewed as having two parts: a pre- modest deicit well within the permissible limit. he
ventative part that tries to discourage MSs from run- Commission in particular suggested enhancing the
ning imprudent and unsustainable iscal policies, and a ability to afect iscal policy in ‘good times’ and this
corrective part that requires them to return to prudence is relected, albeit weakly, in the revised provisions
as soon as possible if a mistake has been made. he shown in Box 12.1.
2005 agreement eased both sides of this, allowing more he second set of proposals sought to diferentiate
latitude for problems before declaring a breach (an between MSs according to whether they are well inside,
excessive deicit) and hence permitting a less onerous near or above the 60 per cent limit for the debt ratio.
return to compliance. his was not the full extent of the Here the argument was simply that countries with no
changes, as MSs also took the opportunity to improve sustainability problem should be allowed more licence
the governance process of surveillance, tightening up in the short run over deicits. his line of argument,
the quality of statistics and accounting practices. of course, runs against that in the irst group, as such
he general principles of the SGP remain unchanged. licence could easily result in much bigger swings in
Attempts to correct underlying problems with the SGP, iscal policy that will afect the overall level of inlation-
such as the failure to take proper account of the eco- ary pressure in the Eurozone if we are talking about
nomic cycle and to focus on the underlying problem larger countries.
of sustainable debt, were discussed extensively in the he third group of suggestions related to measure-
debate on revision, but ultimately not adopted, despite ment issues. In the traditional literature the concern is
pressure from the Commission. While the changes did with cyclically adjusted deicits. While measurement
not address the fundamental economic problems, they has indeed been improved, the idea of cyclical adjust-
do represent a set of arrangements that are more likely to ment has not been followed. In the main, this is because
be adhered to. In practice, the idea that a country could what is trend and what is cycle can only be established
ever be harshly penalized was ambitious. he penalties after the event, which is incompatible with the pre-
were intended as a deterrent. If naming and shaming emptive rather than corrective SGP orientation.
did not work, the SGP was always likely to change if a here was a fourth set of suggestions that looked
signiicant number of countries were afected. With the for more of a market solution to the question of iscal
global inancial crisis, the SGP is efectively suspended, discipline. One of the big advantages of EMU has
as economic performance is generally too weak to gen- been that interest rates on sovereign debt in the previ-
erate the EDP. his is proving a major headache, as in ously more inlation-prone and more indebted parts
just three years a decade or so of iscal consolidation has of the Eurozone converged on the lowest. Credit rat-
been unwound in many MSs, and the inancial position ings similarly increased. Although there was explicitly
of the most exposed – Greece, Ireland, Italy, Portugal no agreement to bail out MSs across the Eurozone,
and Spain – has become a cause for concern. the market is behaving as if there were. Or at least
Various proposals were put forward for reforming behaving as if the EDP would restrain MSs from run-
the SGP, and indeed the Commission itself advanced ning policies that will ever get them near default. his
proposals (Buti et al. 2002; CEU 2002a), which were means that there is not so much pressure on marginal
then taken into account in considering SGP reform. borrowing by those states that have debt or deicit ratio
hese can be classiied under three main headings, problems.
but they all relate to means of easing the constraints his has all been completely changed by the inan-
somewhat without altering the overall principles. he cial crisis. Interest rate spreads widened extensively
irst set of proposals relates to symmetry. MS behaviour and relected lenders’ concerns that some MSs might
is constrained when deicits are in danger of becoming default. he extent of the market pressure was such
too large. here is no such restraint on surpluses, but that the EU and the IMF drew up a joint fund, with
a switch from a 2 per cent surplus to balance can have strong conditionality, that Greece could draw on if it
just as much impact on aggregate demand as a switch proved impossible for it to raise new debt or roll over
from balance to a 2 per cent deicit. Hence countries existing debt satisfactorily in the market. his fund,
which notch up major surpluses could destabilize the the European Financial Stability Facility, had to be
system somewhat, simply by switching rapidly to a enlarged and extended to the Eurozone as a whole
The operation of EMU 189
Box 12.1 Revisions to the Stability and Growth Pact agreed in March 2005
he revisions agreed by the Council on the recommendation of ECOFIN are quite detailed, but can be summa-
rized as follows:
(i) he basic precepts are unchanged both in terms of the 60 per cent debt ratio and the 3 per cent deicit
ratio, and in terms of the sanctions to be applied if an MS is determined to have an excessive deicit and
has undertaken insuicient measures to end it.
(ii) he adjustment processes required have been eased slightly, extending the time allowed by four months
(to sixteen).
(iii) he criteria under which there can be exceptions to the 3 per cent rule for an excessive deicit have been
softened. A decline in GDP or an extended period of low growth below potential are now admissible, and
‘all relevant factors’ can be taken into account – although these are not speciied in any detail.
(iv) he medium-term adjustment to a sustainable iscal position has been eased slightly, and MSs’ structural
balance should be ‘close to balance or in surplus’ (CTBOIS) and now allows a lower limit of a 1 per cent
deicit.
(v) While MSs are still required to reduce their structural deicits to reach CTBOIS by 0.5 per cent of GDP per
year, it is now admitted that they should do so faster in ‘good times’ and may do so more slowly in ‘bad
times’ in the economic cycle.
(vi) Temporary divergences can be allowed for the costs of structural reforms aimed at improving the longer-
term position.
(vii) If there are unforeseen events, ECOFIN can issue changed deadlines and requirements.
(viii) Implicit liabilities, such as those for the pension system from the ageing of the population, should be
taken into account.
In addition, there is a set of requirements that should improve the governance and operation of the generalized
system of preferences, which includes: stronger peer pressure, better national iscal rules and institutions – such
as greater scrutiny by parliaments – improved forecasting, and better statistics and standards.
* Structural balance is deined as the cyclically adjusted deicit after removing the efect of temporary and one-of measures
(as determined by the Commission).
when the problem threatened to spread to Ireland, the weaker states can threaten the system. Much of the
Italy, Portugal and Spain. By 2011, Greece, Ireland and reason for the compromise, however, was that inancial
Portugal were all subject to fund arrangements, with institutions in the other MSs had bought Greek govern-
associated strong conditionality requiring determined ment debt and hence stood to make major losses in the
eforts to bring the rising government debt under con- event of a default.
trol. his facility, in conjunction with the IMF, only lasts
for three years, and its extension into a more permanent
12.3.3 Policy coordination
arrangement has been subject to considerable debate
in the iscally prudent countries that will be the lenders. he type of policy coordination described thus far dif-
he Eurozone has thus got itself to a position that fers from that normally discussed in the literature,
it previously resisted. MSs did not want to bail each where much of the point is the coordination of mon-
other out, and SGP and TEU criteria were designed to etary and iscal policy. he argument is that there are
make such a threat implausible. By admitting states some choices that can be made over how much to use
with debt problems, albeit assisted in the Greek case iscal policy rather than monetary policy to smooth
by incorrect national accounts statistics, and by not luctuations in the real economy or to maintain price
having a stronger SGP, it has reached the point where stability. he set-up within EMU rests on a fairly simple
190 David Mayes
economic model. he irst side of it is that monetary is warranted. Each country acting in its own interests
policy cannot be used efectively to achieve longer- nevertheless acts to stimulate joint demand and reduce
term real objectives, except in two senses: the short-run impact (albeit at the expense of higher
taxation in the future to pay for the surge in debt).
• irst, that having higher rates of inlation beyond Under these circumstances there is no need for
levels near zero will tend to result in reductions in much policy coordination between the monetary and
the overall rate of economic growth, and indeed iscal authorities beyond transparency. he mon-
having falls in the price level may also be damaging; etary authorities need to be able to make a reason-
and able assessment of the inlationary pressure likely to
• second, that inept policy that does not generate stem from iscal policy, and the iscal authorities need
credibility will also impose a cost on society. to know what to expect from monetary policy when
setting their iscal objectives. he potential conlict
In general, taking these together, the argument is, in comes from the fact that, unlike iscal policy, mon-
efect, that the long-run Phillips curve is vertical and etary policy can be changed quickly and substantially,
monetary policy per se will not have adverse efects on and indeed with fairly limited transaction costs. In the
the longer-term level of unemployment (see Chapter EU’s framework the coordination works because the
10). Monetary policy can therefore be targeted appro- monetary authorities are predictable. If they do react
priately at the stabilization of the price level rather quickly it is to speciic crisis signals, like the shock of 11
than on objectives for the real economy. he scope for September 2001. Given the time lag for iscal changes,
using monetary policy for smoothing real behaviour the iscal authorities need to be conident that their
beyond that point is limited. As hornton (2002) puts it, monetary counterparts will not do anything in the
in general, the impact of monetary policy on inlation intervening period that will render their policy stance
variation and output gap variation should be regarded inappropriate.
as one of complements rather than trade-ofs. A cred- Pinning the ECB down to a single objective helps to
ible monetary policy aimed at restricting inlation to a achieve this predictability, in the same way that SGP
fairly narrow range in a smooth manner should, ipso rules and macroeconomic coordination ensure that the
facto, also restrain the luctuations in output round the ECB has plenty of warning about the way in which iscal
sustainable path. policy is likely to develop and hence is less likely to set
Similarly, in this simple paradigm, iscal policy can inappropriate levels for interest rates. EMU coordina-
afect the rate of growth in terms of how funds are tion will not work if the Eurosystem believes that the
raised and spent – for example, one can view this in iscal authorities will always be too inlationary and/or
terms of incentives. Moreover, as discussed above, if ECOFIN always believes that the Eurosystem will set
for iscal policy to be consistent with price stability interest rates that are too high. In these circumstances
over the medium term it has to be sustainable (and the problem will be self-fulilling, and monetary policy
believed to be so by markets). But discretionary iscal and iscal policy will tend to push against each other.
policy, beyond the automatic stabilizers, is unlikely he resulting bias will be a cost. Fiscal policy needs to
to be of much value, except to help exit the delation- be credible to the monetary authority and vice versa.
ary spiral, as Keynes identiied in the 1930s; Feldstein here is a danger of paying too much attention to the
(2002) ofers a clear exposition of this view. One of the rhetoric in this regard.
main reasons for avoiding discretionary iscal policy he inal part of the simple model which underlies
to address luctuations in the economy is that policy the coordination mechanism is the belief that it is
operates with a lag, and there is a danger that by the structural policies that will change the underlying rate
time the problem is identiied, the necessary measures of economic growth. Hence these form a key part of the
are agreed by the legislature and implemented, and the continuing annual policy discussion. Once iscal policy
impact occurs, it may destabilize what is then going on. is largely automatic with respect to shocks, the surveil-
In the event of a major adverse shock, such as lance mechanisms can focus on sustainability and on
the global inancial crisis, the model is still not dis- whether the size of budgetary swings that the auto-
turbed. he shock is so great that emergency action matic processes deliver are appropriate. If there were
The operation of EMU 191
little concern for ine-tuning, then having more than Institutional credibility would be much greater if the
the current six-monthly informal dialogue laid down by degree of control over iscal actions at EU level were
the Cologne process would seem unnecessary. larger and there were some parallel institution to the
ECB on the iscal side. While this is not on the politi-
cal agenda, its relevance would be much greater if one
12.3.4 Asymmetry
further plank, which characterizes most economic and
Traditionally, the focus on the suitability and sustain- monetary unions, were in place, namely a signiicant
ability of EMU has been on asymmetry in the sense of revenue-raising and spending capability at EU level.
the diferences between MSs, as discussed at the begin- his does not have to take the form of a larger budget
ning of Section 12.2 (page 182). However, a diferent per se (see Chapters 10 and 19), as transfers from one
asymmetry is also present in MSs’ behaviour, namely region or MS to another in a form of iscal federalism
asymmetry over the cycle (Mayes and Virén 2002a).5 would also suice (see Chapter 10). Currently stabiliza-
he total deicit is much more responsive in the tion takes place automatically within MSs. It only takes
downward than the upward phase. While responsive- place between them to the extent that their agreed
ness over the cycle as a whole is of the order of 0.2–0.3 and automatic actions spill over from one to another
(a 1 per cent increase in real GDP lowers the deicit because of their economic interdependence. he
ratio by 0.2–0.3 per cent) in the irst year, it is ive times actual size of such a budget – around 2.5 to 7 per cent
as large in the downturn as the upturn. his bundles of EU GDP – would be highly efective (MacDougall
together all the inluences – automatic stabilizers, dis- Report/CEU 1977a; Mayes et al. 1992; Chapter 19), but
cretionary policy changes, interest rate changes and is quite small compared to many existing federal states.
any special factors. On unbundling, we can see that It is, however, large compared to the structural funds
the automatic or cyclical part of the deicit behaves and the current budgetary limit.
in a fairly symmetric manner. It is what governments EU enlargement has increased the need for iscal
choose to do with the structural part of the deicit that federalism, although the current small economic size
causes the asymmetry. What has happened is that gov- of new member states (NMSs) keeps down the scale
ernments increased the structural deicit in both down- of any transfers needed in the short term. We are
turns and upturns. hus in good times governments concerned here with cross-border iscal lows to help
tend to allow the system to ratchet up. he efect is split balance out the efect of asymmetric shocks; dealing
between revenues and expenditures, but the asymme- with income inequality is a problem of a very diferent
try is more prominent on the revenue side. Tax rates are order. Nevertheless, given the persistence of shocks,
cut in upturns so that revenue to GDP ratios do not rise. particularly with respect to their impact on the labour
he SGP, EDP and other components of macro- market, if iscal lows do not ease the pressure then
economic coordination in EMU would have to lean other changes will result to compensate. he most
against this tendency for asymmetric behaviour to obvious would be an increase in migration. hat is also
reduce the pressures it generates. In practice, the pres- not politically attractive at present (see Chapter 8). It
sure is placed somewhat more on the downside: the remains to be seen whether some greater integration
area where governments have themselves responded on the macroeconomic side of EMU may not be pre-
more efectively in the past. Tackling this asymmetry ferred to increasing lexibility through cross-border
and ‘procyclicality in good times’ was incorporated migration. he relative attraction of stabilizing lows is
in general terms in the revised SGP (see Box 12.1). that, according to their deinition, they should be tem-
Whether this will have much efect is debatable, espe- porary. However, the shape of economic cycles does
cially after the experience of the inancial crisis. vary across the EU. Nevertheless, as economic and
inancial integration increases across the EU, so self-
insurance increases with diversiication of income and
12.4 Completing EMU wealth generation across the EU as a whole, helping to
smooth the asymmetric shocks hitting any particular
It has to be said that the earlier discussion of coor- region without recourse to iscal transfers (Mundell
dination leaves a lot to the credibility of the process. 1973b; Chapter 10).
192 David Mayes
12.5 Conclusion: enlargement with it. In turn, in a competitive economy, this is likely
to result in wage increases in the non-tradable sector.
Before EMU moves further towards ‘completion’, it is here it will not be so easy to ind productivity growth
likely to continue to expand through the inclusion of to ofset it and prices will tend to rise. In so far as there
new members. hus far the ive NMSs that have joined are no ofsets elsewhere, this will result in a rise in the
– Cyprus, Estonia, Malta, Slovakia and Slovenia – are general price level that is faster than in the rest of the
all small. Even if many of the NMSs were to join, the euro area (see Chapter 11).
economic efect would be limited. Only Poland and, his process, known as the Balassa–Samuelson
to a lesser extent, Romania are of any size. heir efect efect, will probably not be substantial by the time
on the dynamics of decision-making would be much NMSs join the Eurozone – perhaps of the order of 1 per
more dramatic, and indeed the Eurosystem may well cent a year (Björksten 1999). Given that NMSs, taken
invoke its ability to alter the voting arrangements on together, will only contribute a fraction of Eurozone
monetary policy to move the balance back in favour GDP, this implies that the total efect on inlation would
of the large, original members. Adding Denmark and be of the order of 0.2 per cent a year. hat may seem
Sweden would make little diference to the structure very small, but with a medium-term target of inlation
of the Eurozone or the issues that have been raised in below 2 per cent, it could represent an increase in the
this chapter. If the UK were to join, the position would rate of interest. he actual impact is speculative and
be diferent, as the country is large enough to alter the could vary from the disastrous to the trivial. It would
balance of the SMP. Also, since the UK is somewhat be disastrous if some countries cannot cope with the
diferent, both in its lexibility of response and its sym- increase in the real exchange rate that this relative
metry with the other MSs, the consequences could be inlation might imply. he problems of asymmetry that
measurable. Adding more NMSs is likely to take place have worried some of the old EU MSs could be much
with a level of income per head well below the aver- larger for NMSs, yet the drive for locking in credibility
age of the existing members, as convergence in these and buying lower interest rates by Eurozone mem-
real terms is not one of the criteria. his could alter the bership may be suicient to play down the worries
character of the Eurozone. about sustainability at the time of joining. Too rapid an
We have already noted that in the run-up to member- expansion of EMU could actually harm the prospects
ship there was greater convergence of MSs than there of the enterprise as a whole. It is therefore not surpris-
has been in the period since. his was because they had ing that the ECB has already blown relatively cold on
to run their monetary and iscal policies individually to some of the ideas implying early membership and has
converge to quite a narrow band. Once inside, the SGP, sought to toughen the interpretation of the conver-
EDP and the rest of the coordination under the BEPG gence criteria.
apply, but the SMP is no longer related to the inlation Nevertheless, the harsh experience of the Baltic
concerns of each country, just the total, so more inla- States in the global inancial crisis has shown that, by
tion, and indeed growth variation, is possible and fea- and large, they can cope with the largest adverse shocks
sible. his experience is likely to be relected even more that are likely to hit them and, in the case of Estonia,
strongly by the new members, as they are generally bounce back suiciently to meet the convergence cri-
expected to ‘catch up’ quite rapidly with the existing teria for joining the Eurozone. With a currency board,
members in real terms. his means that they will have Estonia has efectively been a member of the Eurozone
faster rates of growth than the existing members, driven since the outset, but without a vote.
primarily by productivity. It has also been pointed
out that this may have implications for inlation and
monetary policy. While the price of tradable goods and Summary
services may be reasonably similar across the EU, the
same is not the case for non-tradables. Large portions • he structure of EU monetary institutions set up in
of non-tradables are public and private services, where 1998 for euro introduction on 1 January 1999 have
their principal input is labour. As productivity grows a lot in common with the USA’s, but the nomencla-
in the tradable industries, so wages are likely to rise ture is confusingly diferent and the arrangements
The operation of EMU 193
13 Competition policy
14 Industrial and competitiveness policy: the Lisbon Strategy
15 Tax harmonization
16 Transport policy
17 Energy policy and energy markets
18 Environmental policy
Part IV of the book covers areas that constitute the very foundations needed to
facilitate a properly operating Single European Market (SEM). Hence it tackles in six
chapters: competition rules; industrial and competitiveness policy; tax harmoniza-
tion; transport policy; energy policy; and environmental policy. Industrial policy
is included because variations in it would be tantamount to afording difering
protection to national domestic industry. he absence of tax harmonization would
have consequences equivalent to those of disparate industrial policies. Similar con-
siderations apply to transport, energy and the environment. Of course, transport
and energy are also dealt with as industries in their own right, as well as providers of
social services, and the environment is treated in terms of tackling pollution and the
consequent health beneits.
Competition policy
13 W O L F S AU T E R
197
198 Wolf Sauter
the war efort of these two countries. For similar rea- service in France. However, the ECJ ruled that this con-
sons, coal and steel being the essential components tract infringed the cartel prohibition of the Treaty as it
of the war industry of the time, anti-trust provisions had a market partitioning efect. Agreements that rein-
were introduced into the 1951 Paris Treaty creating force national divisions in trade frustrate the EC objec-
the European Coal and Steel Community (ECSC; see tive to abolish the barriers between MSs and therefore
Chapter 2), which, unlike the EEC Treaty, included the could not be allowed. Although economic theory shows
control of concentrations from the outset. his check on that restrictions of intra-brand competition (between
concentrations of economic power was therefore in line diferent suppliers of Grundig products) are unlikely
with the objective of the ECSC of eliminating the threat to have harmful efects on competition, so long as
of future wars between its participant MSs. there is suicient competition between brands (that
For the EC beyond coal and steel, competition rules is, between suppliers of Grundig products and suppli-
were likewise introduced in the 1957 EEC Treaty, albeit ers of comparable products), the ECJ considered the
for a diferent reason. In this case, the competition protection of both forms of competition equally impor-
rules served primarily to ensure that restrictions on tant here. his view has evolved over time: the current
trade between MSs – tarif and non-tarif barriers – that competition rules on vertical restrictions recognize that
the MSs’ governments agreed to remove under this vertical agreements generally produce eiciencies and
treaty would not be replaced by cartels between under- should be treated more leniently. However, absolute
takings following national lines (Goyder and Albors- territorial protection is still prohibited.
Llorens 2009). his is why competition rules addressed
to undertakings were introduced into what at the outset
was still regarded as an international treaty between 13.3 The role of economics
independent states.
Initially, therefore, EU competition rules essentially While it is diicult to ind an example where pure eco-
served to complement an inter-state trade policy of nomic reasoning motivated the introduction of com-
reducing trade barriers and promoting market inte- petition rules, the rationale of EU competition policy is
gration. From this starting point, promoting market increasingly deined in economic terms. Evidently, the
integration has developed into an overriding rationale relevant economic theory has evolved over time as well
of EU competition policy, alongside that of maintaining (Motta 2004).
‘efective competition’ (Bishop and Walker 2002) and, he economic reasoning concerning the goals and
more recently, promoting the consumer interest. he limits of competition policy has been developed in par-
integration rationale has had a profound impact on the ticular in the USA, where an early willingness of courts
orientation of EU competition policy that has at times to entertain economic arguments was subsequently
led it into conlict with the emerging economic consen- stimulated by the appointment of law and economics
sus favouring eiciency considerations. scholars to the bench and to inluential regulatory posi-
For example, the integration rationale has long tions. Over the past century, the resulting debate has
tended to lead to a negative view of vertical agreements had a profound impact on the way competition policy is
with territorial efects. his conlict is clearly seen in applied both in the USA and beyond. Originally, compe-
the groundbreaking ruling by the European Court of tition policy focused on the results of market structure
Justice (ECJ) Consten & Grundig of 1966.1 Consten and the behaviour of market participants associated
was the exclusive distributor in France for Grundig, a with the Harvard School. Increasingly, the so-called
German producer of consumer electronics. Consten Chicago School of anti-trust economics, focusing on
agreed not to market products competing with those eiciency, price efects and the self-policing nature of
of Grundig in exchange for an exclusive licence to use the market (Posner 1976), has become the new main-
Grundig’s trademark in France. hereby, in practice, stream of industrial organization, and hence of much
Consten enjoyed absolute territorial protection. In eco- analysis underlying competition policy (Scherer and
nomic terms, such territorial protection may have been Ross 1990). In addition, game theoretic approaches
required, for example, to recover Consten’s invest- are used increasingly – for example, to deal with prob-
ments in setting up a sales network and an aftersales lems of collusion and joint dominance in oligopolistic
Competition policy 199
markets (Phlips 1995). EU competition policy has fol- a single market achieving conditions similar to those of
lowed these trends to varying degrees, modiied in a domestic market’.
particular by the intervening variable of its overriding here is debate about whether efective competition
integration objective (Peeperkorn and Verouden 2007). concerns the process of competition as such, or the
It is now thought to be guided by insights of the post- outcome that markets produce in terms of improving
Chicago School of competition policy (Langer 2007). A consumer welfare – generally equated with eiciency.
home-grown economic inluence has been that of the In any event, it is by now well established that efec-
Freiburg School or Ordoliberalism (Gerber 2001). he tive competition is seen in terms of preventing harm
proponents of this school accepted the main ideas of to competition as such, not to particular competitors
classical liberalism, but they also extended the classi- (Bishop and Walker 2002).
cal views by arguing that individual freedom should be his was highlighted by Advocate General Jacobs
protected not only against governmental interference, in the Oscar Bronner v. Mediaprint case of 1998, when
but also against private economic power. he reminded the court that ‘the primary purpose . . .
Today, the market mechanism is broadly seen as is to prevent distortion of competition – and in par-
the most eicient instrument to set prices and thereby ticular to safeguard the interests of consumers – rather
allocate resources. To a large extent, the success of than to protect the position of particular competi-
markets at doing this is determined by the degree of tors’. Especially since the start of the tenure of Mario
competition in the market involved. However, perfect Monti (an academic economist, succeeded by Neelie
competition, which presupposes homogeneous prod- Kroes, and recently Joaquín Almunia) as commissioner
ucts and full transparency of prices and costs, as well responsible for competition policy in 1999, the promo-
as the absence of entry barriers, economies of scale tion of eiciency has been declared to be the core value
and scope, and learning efects, is not a real-world phe- under competition law alongside promoting consumer
nomenon. Instead, market imperfections, or market welfare. For example, in a speech in July 2001, Monti
failures, are likely to lead to restrictions of competition said that ‘the goal of competition, in all its aspects, is to
that produce sub-optimal results. Firms also have eco- protect consumer welfare by maintaining a high degree
nomic incentives to collude and to exclude competi- of competition in the common market’ (Monti 2001).
tors. Consequently, the role of competition policy is to During his tenure, he emphasized the importance of
substitute for competitive pressure by ensuring that sound economic analysis (creating, inter alia, the oice
restrictions on competition between undertakings that of chief economist).
are harmful to the competitive process (rather than In practice, whether there is efective competition
to individual competitors) are prevented or removed. has to be determined in relation to a speciic ‘relevant
Because pure market outcomes are likely to be theo- market’ that is deined both in terms of the product con-
retically sub-optimal in many cases, this leaves ample cerned and geographically. Factors taken into account,
room for disagreement on what amounts to a restric- such as the existence of market power, the number of
tion of competition that merits policy intervention. competitors, relative market share and degree of con-
In the context of EU competition policy, the key centration, demand and supply substitution, the exist-
concept in this regard is that of maintaining ‘efective ence of barriers to market entry and exit, and potential
competition’ or ‘workable competition’. In the Metro competition, afect both the evaluation of the degree of
v. Commission case of 1977, the ECJ appealed to the efective competition in the relevant market and market
concept of workable competition as the efective type deinition itself (CEU 1997e). Increasingly reined eco-
of competition to realize the economic objectives of nomic analysis is used to deine relevant markets.
the EC Treaty. he court stated that: ‘[t]he requirement
contained in Articles 3 and [101, TFEU] that competi-
tion shall not be distorted implies the existence on 13.4 General overview of the legal
the market of workable competition, that is to say the framework
degree of competition necessary to ensure the observ-
ance of the basic requirements and the attainment of Although EU competition policy is increasingly driven
the objectives of the Treaty, in particular the creation of by economic considerations, its origins are found in
200 Wolf Sauter
European law, and it must evidently operate within the framework for merger control by the Commission. In
constraints of its legal framework. his legal framework addition, an increasing number of notices and guide-
consists of the substantive, procedural and institutional lines that are not formally binding provide essential
rules that govern EU competition policy (see Chapters information on the manner in which the Commission
3 and 4). It is important to understand that the frame- intends to apply EU competition policy. An example
work only applies to ‘undertakings’ (Wils 2000). is the Commission’s notice on the deinition of the rel-
he notion of undertaking is deined in the Höfner & evant market referred to above (CEU 1997e). By issuing
Elser v. Macrotron case of 1991 as ‘every entity engaged such guidance, the Commission increases the predict-
in an economic activity, regardless of the legal status ability of its policy – allowing undertakings and their
of the entity and the way in which it is inanced’. he legal advisers to take EU competition law constraints
notion of undertaking was further deined in three into account, while at the same time facilitating the
other cases: enforcement of EU competition law between private
parties and at a national level.
• In the Poucet & Pistre v. Cancava case of 1993, the
he ultimate arbiter of the various rules, and on
ECJ held that an agency charged with managing
whether Commission policy remains within the
a social security scheme was not an undertaking
bounds of its powers, is the ECJ. It decides only on
within the scope of competition, as the scheme ful-
points of law. he ECJ becomes involved either directly,
illed an exclusively social function that was based
on a ‘pre-judicial’ reference by a national court, or in
on the principle of national solidarity and was
judicial review proceedings following a irst appeal
entirely non-proit-making.
against Commission decisions to the EU’s General
• In the Diego Cali & Figli v. Servizi Ecologici del
Court,2 which establishes the facts. In principle, the
Porto di Genova case of 1997, the ECJ did not con-
standards applied are those of administrative review of
sider a private organization entrusted by the public
policy – that is, they focus on formal competence to act,
authorities with anti-pollution surveillance duties
on respect for the rights of the defence and enforcing
in an oil port to constitute an undertaking under the
minimum standards of reasoned rationality. he ECJ
competition rules as it executed a public function.
and General Court have nevertheless on a number of
• More recently, in the FENIN case of 2006, con-
occasions led the way in demanding higher standards
cerning the public authorities running the Spanish
of economic argument, rather than more formal rea-
national health system, which purchased medical
soning, from the Commission (Korah 2004).
goods from an association of undertakings market-
Particularly with regard to merger control, EU courts
ing these goods, the ECJ decided that where a public
have scrutinized the Commission’s economic reason-
body purchases goods or services that will subse-
ing. For example, the General Court concluded in the
quently be used for social purposes it will not be
Airtours v. Commission case of 2002 that the decision
engaged in economic activity, even in the purchas-
to block the proposed merger, ‘far from basing its pro-
ing market, and consequently will not be an under-
spective analysis on cogent evidence, is vitiated by a
taking for the purposes of the competition rules.
series of errors of assessment as to factors fundamental
he legal basis of EU competition policy is found, irst to any assessment of whether a collective dominant
of all, in the TFEU (Treaty of the Functioning of the position might be created’. his indicated that the court
European Union) itself (101–6 and 107–9). Second, it requires better economic evidence when reviewing
is found in implementing legislation adopted by the the Commission’s decisions, and also addressed the
Council and Commission in the form of regulations burden of proof, arguing that it was the Commission
and directives (see Chapters 3 and 4), which develop in that had to produce convincing economic evidence of
particular the wide-ranging powers of the Commission the anti-competitive efects of the proposed merger.
in this ield, notably Council Regulation 1 of 2003 Another example in this context is the ruling by the ECJ
(reforming Council Regulation 17 of 1962 concerning in the Tetra Laval v. Sidel case of 2005. he ECJ stressed
the application of the cartel and dominance abuse the importance of ‘reviewing the Commission’s inter-
prohibitions). Council Regulation 139 of 2004 (reform- pretation of information of an economic nature, espe-
ing Council Regulation 4064 of 1989) provides the cially in the context of a prospective analysis’.
Competition policy 201
he Commission is the institution that is responsible efective, parties may choose to invoke these rules in
at EU level for the implementation of EU competition procedures before national courts of all levels in EU
law and policy. It takes most formal decisions by simple MSs (Komninos 2002).
majority, as a collegiate body. hese decisions are pre- he Courage case of 2001 is interesting in this con-
pared by the Directorate General for Competition, DG text. Inntrepreneur Estates Ltd administrated the
COMP, which reports to the commissioner responsible leased pubs of both Courage and Grand Metropolitan
for competition policy; since January 2010 this has been in the UK. he standard form of lease agreement con-
Joaquín Almunia (formerly the commissioner for mon- tained the obligation that tenants must order their
etary and economic afairs). Following the abolition of beer exclusively from Courage. Crehan, one of the
the system requiring notiication to the Commission of tenants, failed to pay for supplied beer. When Courage
potentially anti-competitive agreements by the parties started proceedings, Crehan claimed that the exclusive
to these agreements, the Commission can be apprised purchase obligation infringed the cartel prohibition of
of a competition problem by a complaint by an under- the EC Treaty. However, under English law, a claimant
taking or an MS, a leniency application by an under- cannot rely on his own wrong. he EU’s General Court
taking trying to come clean, or it can act on its own found that the English rule was inconsistent with the
initiative (ex oicio) to investigate either speciic cases long-established direct efect of the treaty prohibitions.
or entire economic sectors (sector inquiries). It has he full application of the national rule made it too dif-
considerable powers to require undertakings to col- icult for the plaintif to enforce his rights to compensa-
laborate in its investigations, backed by ines, including tion under Community law, and hence the national
the right to obtain evidence by unannounced inspec- rule should not be applied.
tions of company oices (dawn raids). In addition, Finally, as a result of the modernization exercise (see
the Commission can penalize all infringements of the Section 13.9, page 209), from 1 May 2004 all national
competition rules with signiicant inancial penalties, competition authorities and national judges in MSs
including ines of up to 10 per cent of the global group now have explicit powers (and the obligation) to apply
turnover of the companies involved, without any abso- the exemption provision of the cartel prohibition as
lute upper limit. Fines of well over a hundred million provided for in Article 101.3 of the EC Treaty. Under
euros have already been imposed in a number of cases. the old Regulation 17 of 1962, parties could obtain
For example, in 2002 the Commission imposed a such an individual exemption exclusively from the
total ine of 168 million euros on Japanese video games Commission. Article 9.1 of Regulation 17 conferred
maker Nintendo and seven of its oicial distributors ‘sole power’ on the Commission ‘to declare Article
in Europe, for colluding to prevent exports from low- [101.1] inapplicable pursuant to Article [101.3] of the
priced to high-priced countries – another illustration Treaty’. Following modernization, Article 101.3 is now
of its focus on territorial restrictions with their efect directly applicable. his may give rise to increased
on inter-state trade. In 2004, it ined Microsoft over 497 requests by national courts for the pre-judicial rul-
million euros for refusing to supply information neces- ings on points of law by the ECJ that are an important
sary for interoperability and for bundling the Windows mechanism to ensure the coherent application of EU
operating system with Windows Media Player. In 2006 competition law and policy.
it found that eight suppliers and six purchasers of road
bitumen in the Netherlands had participated in a cartel
from 1994 to 2002 to ix prices in violation of Article 101.
13.5 The substantive norms
hese fourteen companies have been ined a total of
266 million euros and one of the participants was ined
here are three core substantive norms of EU competi-
more than 100 million euros. In 2009 computer chip
tion law that are addressed to undertakings:
manufacturer Intel was ined over one billion euros for
various exclusionary practices vis-à-vis its competitors. 1. the prohibition of agreements and concerted prac-
Because the treaty prohibitions on restriction of tices between irms restricting competition;
competition (that is, the cartel prohibition of Article 2. the prohibition of abuse of (single irm or joint)
101.1) and on abuse of a dominant position are directly dominance;
202 Wolf Sauter
3. the obligation to submit mergers and acquisitions As mentioned above, in addition, the Commission
for prior clearance under the merger control rules. can penalize infringements by means of substantial
ines. Certain national systems also provide for penal
In addition, there are speciic competition rules that
sanctions, and there is an ongoing debate as to whether
apply to aid by MSs, and to companies privileged in
further criminalization of competition law is desirable.
their relation to public authority. hese are each dis-
Whether directed at private undertakings or MSs, EU
cussed in turn.
competition norms are triggered only if constraints on
competition are both appreciable and have the efect of
distorting trade between MSs (CEU 1997f). his is con-
13.5.1 The cartel prohibition
sistent with the integration rationale of EU competition
he prohibition of collusion restricting competi- policy: unless they distort trade lows, restrictions of
tion (cartels) is found in Article 101.1 of the TFEU. competition do not hamper integration, and conse-
Prohibited cartel agreements cover, for example, price quently do not concern the EU. However, the integra-
ixing, market sharing, tying and discrimination. tion rationale also means that certain types of territorial
As far as collusive behaviour is concerned, for exam- protection are prohibited that might not otherwise be
ple, the ECJ has made clear in the Sugar Cartel case particularly objectionable from an economic perspec-
of 1975 that undertakings may not knowingly substi- tive. his still leaves EU competition policy a broad
tute the risk of competition for practical coordination scope, which has often made it diicult to enforce
between them that results in conditions of competi- efectively.
tion that do not correspond to normal market con- For example, in the Distillers case of 1978, the
ditions. he court explained that the requirement of Commission condemned the export deterrent created
independence does not deprive undertakings of the by Distillers’ dual pricing system for the UK and the rest
right to adapt themselves intelligently to the existing of the EU. In the Zanussi case of 1979, the Commission
and anticipated conduct of their rivals, as long as there objected to a system of aftersales guarantees that did
is no direct or indirect contact between the undertak- not apply to washing machines used in a diferent MS
ings that inluences the conduct on the market of an from the one in which they had been bought. In 1998
actual or potential competitor, or discloses to such a the Commission ined Volkswagen heavily for setting
competitor the course of conduct that they themselves up a system with its Italian dealers whereby inal con-
have decided to adopt on the market. sumers in MSs other than Italy were unable to order
By force of Article 101.2, infringement of the prohibi- VW cars from Italian dealers.
tion of Article 101.1 triggers the nullity of the restric-
tive clauses of the agreements involved – that is, they
13.5.2 The prohibition of abuse of
become void, non-existent – which can lead to civil
dominant position
law liability and thereby to claims for damages under
national law. he prohibition of abuses of dominant position
he ECJ addressed the scope of the nullity of an (monopolies and oligopolies) in Article 102 of the
agreement that infringed Article 101 in its above- TFEU focuses on ‘abusive’ (that is, anti-competitive)
mentioned Consten & Grundig case, as well as in the behaviour associated with market power, rather than
Société La Technique Minière v. Maschinenbau Ulm on securing of high market shares as such. Although
case of 1966, where the court explained that Article it is not illegal to be dominant, provided dominance
101.2 only applies to ‘those parts of the agreement achieved is based on legitimate commercial advan-
which are subject to the prohibition, or to the agree- tage won in the market, there are no exemptions for
ment as a whole if those parts do not appear to be abuse. Like the restrictions of competition covered by
severable from the agreement itself’, and that ‘any the cartel prohibition, possible abuses of dominance
other contractual provisions which are not afected by include unfair – for example, excessive or predatory –
the prohibition, and which therefore do not involve the pricing, discrimination and tying. he key diference
application of the Treaty, fall outside Community law’. is that abuse of dominance is typically carried out
his determination is made by the national courts. by a single company, whereas cartels involve explicit
Competition policy 203
coordination between competitors. Abuses are often the structure of a market where, as a direct result of the
qualiied as either exploitative (of consumers and cus- presence of the undertaking in question, competition has
tomers), exclusionary (foreclosing competition from been weakened and which, through recourse diferent
the market) or discriminatory (between consumers, from those governing normal competition in products or
services based on trader’s performance, have the efect of
competitors or downstream operations and competi-
hindering the maintenance or development of the level of
tors) in nature. Unlike the cartel prohibition, which in
competition still existing on the market.
principle applies to all undertakings, the prohibition
of abuse of dominance is asymmetrical in nature: it his indicates that residual competition is valued
only applies to those irms that can aford to behave highly.
independently.
he deinition of a dominant position was estab-
13.5.3 Merger control
lished in the Hofmann-La Roche case of 1979. he
court stated the following: ‘he dominant position Unlike the prohibitions on cartels and abuse of domi-
thus referred to in [Article 102] relates to a position of nance, which are normally enforced after the alleged
economic strength enjoyed by an undertaking which infringement occurs (or ex post), EU merger control
enables it to prevent efective competition being main- is based on a system of pre-notiication (or ex ante
tained on the relevant market by afording it the power control) that is elaborated in the Merger Control
to behave to an appreciable extent independently of Regulation. his system is intended to provide legal
its competitors, its customers and ultimately of the certainty to irms before they implement their trans-
consumers.’ action, and to allow the Commission to vet all such
he prohibition of abuse of dominance is intended transactions of a certain size (or Community dimen-
to force such irms to behave as if they were sub- sion), based on a complex system of multiple turnover
ject to efective competition by abstaining from anti- thresholds. Merger control aims at preserving ‘efec-
competitive behaviour. In order to establish a breach tive’ or workable competition, based on an assessment
of Article 102, the relevant market must irst be estab- of the structural characteristics of the relevant product
lished. he relevant market has a product and a geo- and geographic markets. As elsewhere in EU competi-
graphic dimension. he product market consists of all tion policy, market deinitions are essential here: if
products or services that are interchangeable or sub- wide product and geographic market deinitions are
stitutable by the consumer, by reason of the products’ used, mergers are evidently less likely to be considered
characteristics, their prices and their intended use. he problematic than if narrower markets are concerned.
geographic market for the stated product is the area in In principle, mergers are considered useful to allow
which the conditions of competition are suiciently undertakings to realize potential eiciencies of scale
homogeneous. Next, the existence of dominance in and scope in contestable markets. hey can also pro-
that relevant market should be established, and inally, mote economic integration. However, above a certain
the existence of an abuse must be shown, as well as an size mergers cannot normally be executed until they
efect on trade between MSs. If markets are deined have been formally approved. Such approval may be
narrowly, the chances of inding dominance increase given subject to structural remedies – for example,
– and if they are deined broadly, the reverse holds. divestiture of assets such as brands and intellectual
Hence market deinition is strongly contested in most property rights, as well as production facilities – and
dominance cases. frequently is. An early example is the Nestlé/Perrier
he legal test for abuse was also set out in the case (1992), which, according to the Commission,
Hofmann-La Roche case and later restated in the could have led to single irm dominance in the French
Michelin case (2002). he court deined abuse as bottled water market (and duopolistic dominance if
follows: only one brand, Volvic, had been spun of to the next
biggest operator who already owned Evian). In this
In prohibiting any abuse of a dominant position on the case, Nestlé eventually ofered commitments to sell to
market in so far as it may afect trade between MSs, a credible competitor not one but four of its established
Article [102] covers practices which are likely to afect water brands, as well as the relevant water sources, and
204 Wolf Sauter
to provide a minimum water capacity for them. Nor he reform of the Merger Control Regulation by
would it be allowed for a period of ive years to acquire Council Regulation 139 of 2004 has improved the
other bottled water producers in France accounting for system of referrals between the EU and national juris-
more than 5 per cent of the market. On these condi- dictions, and introduced a number of procedural
tions, the Commission declared the merger compatible changes. More importantly, the reform clariied the
with the common market. concept of dominance – that is, the substantive test
In addition, behavioural remedies such as non- applied – as including collective dominance in tight
discrimination obligations are sometimes considered oligopoly situations (Stroux 2004). he Commission
(Jones and Gonzalez-Diaz 1992), although they are had earlier tried to pursue such a case (albeit unsuc-
diicult to monitor and enforce efectively. An example cessfully) in Airtours (2002; mentioned above, page
of a failed structural remedy is Vodafone/Mannesmann 200). he ECJ set out the three-pronged test that would
(2000), where the resulting mobile phone giant was have to be met: irst, the members of the oligopoly must
not allowed to ofer its business users seamless use of be able to observe and monitor each other’s behaviour;
their telephones abroad (roaming) for a single pan- second, coordination must be sustainable over time,
European tarif unless it gave its competitors access at based on the possibility of retaliation against deviation
the same rates. his was intended to give competitors a from the common course; and third, the actions of con-
chance to catch up, but rather than promoting compe- sumers or competitors cannot successfully challenge
tition it caused Vodafone to postpone its product inno- this behaviour.
vations and encouraged all other operators to lean back he regulation now applies a so-called SIEC test,
and price-gouge their roaming customers instead. his meaning that a merger that ‘signiicantly impedes
situation was only (so far partially) resolved based on efective competition’ should be blocked or only be
speciic, EU-level roaming legislation in 2007 (Council cleared after the acceptance of remedies. he SIEC
and Parliament Regulation 2007,3 the legality of which test is codiied in Article 2.3 of the Merger Regulation.
was conirmed by the ECJ in 2010). his provision reads as follows: ‘a concentration which
he EU was long denied merger policy powers, would signiicantly impede efective competition, in
because its MSs preferred to vet themselves, or indeed the common market or in a substantial part of it, in
to supervise, the creation of national ‘industrial cham- particular as a result of the creation or strengthening
pions’, in a wide and often ill-deined set of industries of a dominant position, shall be declared incompatible
(ranging from aerospace to yoghurt making) consid- with the common market’.
ered to be of strategic or political importance (see
Chapter 14). he failure of such mutually exclusive
13.5.4 Public undertakings
national strategies, the increasing desire of businesses
to merge across national borders without engaging in In addition to the rules that apply to undertakings in
multiple notiications subject to diferent rules, and general, the TFEU includes speciic provisions govern-
the merger boom triggered by the 1985 internal market ing the application of competition rules for under-
initiative, were all instrumental in inally convincing takings that are controlled, favoured or charged with
the MSs to adopt the Merger Control Regulation in executing key economic tasks by public authorities.
1989 (Neven et al. 1993a, b). Since then, merger con- Article 106 of the TFEU provides rules concerning
trol has become widely acclaimed as a model for EU state-owned undertakings, undertakings that ben-
competition policy generally. he main reasons for eit from certain legal advantages and undertakings
this success are strict rules and deadlines that force charged with tasks in the general economic interest,
the Commission to produce binding decisions within such as utilities – for example, in the energy, transport
a limited timeframe (if they fail, the merger is cleared and communications sectors. Article 106.1 is addressed
automatically), and undertakings to collaborate fully in to MSs, not to undertakings. It prohibits MSs from
the process of preparing these decisions. he scope of enacting or maintaining in force any measures in rela-
Community competence in this area – determined by tion to public undertakings and undertakings to which
the above-mentioned turnover thresholds – remains they have granted special or exclusive rights that are
politically sensitive. contrary to the rules of the treaty. Conversely, Article
Competition policy 205
106.2 is addressed to undertakings themselves. It states utilities have become contested, and public ownership
that the competition rules apply to public undertakings is increasingly seen as ineicient. he TFEU itself, how-
charged with services in the general economic interest ever, remains formally neutral concerning public and
without limitation, unless this makes it impossible for private ownership, by force of its Article 345.
such companies to carry out their duties.
he Höfner & Elser v. Macrotron case of 1991 pro-
13.5.5 State aid
vides an example of the anti-competitive exclusive
rights scenario. In Germany, a public agency called Finally, in its Articles 107–9, the TFEU contains rules
Bundesanstalt für Arbeit had the exclusive right of on restrictions of efective competition that result from
employment procurement – that is, headhunting. MSs’ authorities at any level favouring some compa-
Höfner and Elser were recruitment consultants who nies over others by means of subsidies – that is, state
contracted with Macrotron to ind the latter a sales aid (Quigley and Collins 2004; see also Chapter 14).
director. When Macrotron did not approve their can- Illegal state aid covers subsidies in any form, including
didate and refused to pay, Höfner and Elser started outright inancial subsidies as well as tax advantages or
proceedings. In its defence, Macrotron claimed the exceptions, favourable loan terms, credit guarantees,
recruitment contract was void as it breached the agen- the sale or lease of goods and real estate below market
cy’s exclusive right of employment procurement. he prices, and many other forms of discrimination by
German court dealing with the case turned to the ECJ, public authorities between undertakings. Some types
which ruled that an MS is in breach of the prohibitions of state aid, however, are acceptable. Hence state aid
of Articles 106 in combination with Article 102, if an is governed by a rule in Article 107.1 prohibiting aid
undertaking with a certain legal advantage, merely that distorts competition, and two possible exceptions
by exercising the exclusive rights granted to it, cannot to this rule: irst, aid that is by deinition considered
avoid abusing its dominant position. According to the compatible with the internal market (see Chapter 7),
court, there was an infringement in this case as the as listed in Article 107.2 – for example, social aid to
agency was manifestly incapable of satisfying demand. consumers and disaster relief; and second, aid that the
An example of services of general economic interest is Commission may clear by decision, following manda-
found in the Corbeau case of 1993. Here a local compet- tory notiication, as listed in Article 107.3 – for example,
itor to the Belgian postal monopoly was charged with certain regional and sectoral aid. In this area, then
having infringed the latter’s exclusive rights. he Court competition Commissioner Kroes announced in 2005
found that the operation of a universal postal service that more weight should be given to market failures.
throughout the national territory could be covered by Only when market failures exist is there a potential
a service of general economic interest, and in fact it argument for intervention by means of state aid.
might cover such cross-subsidies as necessary for the
inancial balance of the service. It left it to the national
court to decide whether these criteria were met. 13.6 Enforcement
Article 106.3 concerns the policing and legislative
powers of the Commission. First, it provides that the he Commission’s relatively limited human resources
Commission may address decisions to MSs to ensure have long focused on the enforcement of the pro-
the observance of Article 106. Second, it gives the hibition of anti-competitive agreements contained in
Commission power to issue directives to the MSs to Article 101 of the TFEU (although, gradually, the rela-
ensure the application of this Article. Exceptionally for tive weight of state aid policy did increase). his is the
legislation, such rules do not require approval by the result of interrelated, systemic, political and practical
European Parliament and Council. he importance of constraints.
Article 106.3, long a dormant provision of the TFEU, In spite of a recent spate of court decisions support-
has increased markedly since 1988, when it was used ing the Commission’s indings concerning Deutsche
to abolish exclusive rights in the telecommunications Telecom (2008), France Telecom (2009) and the cel-
equipment sector. his is because ‘natural monop- ebrated Microsoft judgment (2007), Article 102 deci-
oly’ arguments that were long held to apply to public sions remain relatively rare. his is in large part due to
206 Wolf Sauter
the high burden of proof that the European courts have efectiveness of this system was low: harmful cartels
imposed on the Commission, which is explained by the are unlikely to be caught in this manner, as they are
inherently intrusive nature of this prohibition: based carefully kept secrets. In over thirty-ive years of the
on their size, it bars individual behaviour by companies application of the notiication system, the Commission
that would otherwise be acceptable business practice. adopted only nine decisions prohibiting agreements
A clear indication of the diiculties involved is that based on notiications, without a complaint having
over the period of almost forty years during which the been lodged against them in addition (CEU 1999f).
Commission has actively applied the competition rules, he most important instrument providing a collec-
it has adopted only forty-odd decisions: evidently, it is tive negative clearance was the de minimis (see page
likely that in reality signiicantly higher numbers of 220) notice, concerning agreements of minor impor-
grave abuses of dominance occurred over this period. tance – that is, with negligible efects on trade between
Since 1989, however, efective EU merger control may MSs or on competition (CEU 2001k). Aside from agree-
also have played a role in preventing dominant posi- ments covered by the de minimis notice, few agree-
tions from emerging in the irst place. Meanwhile, ments beneited from a negative clearance, largely
the Commission is trying to revive and rationalize its because the Commission traditionally preferred to
approach to dominance abuse. In December 2008 the perform its anti-trust analysis under Article 101.3 (EC)
Commission (CEU 2008e) published guidance on its – and it appears to continue to do so following mod-
enforcement priorities in applying Article 82 (EC) to ernization. his approach has long been criticized by
abusive exclusionary conduct by dominant undertak- advocates of a ‘rule of reason’ approach under Article
ings (oicially recorded in CEU 2009j). his guidance 101.1 (Wesseling 2005). Under Article 101.3, an agree-
focuses on conduct that risks weakening competition ment that is in principle prohibited under Article 101.1
in a market by various means of foreclosure, such as may, if its efects are on balance considered beneicial
rebates, refusal to supply and tying. to competition, obtain a waiver, or ‘exemption’ from
he manner in which the system of Article 101 was this prohibition, potentially subject to structural and
implemented until the 2004 modernization efort, behavioural conditions, and limited in time. his proc-
on the other hand, was clearly biased in favour of ess was streamlined by means of collective, or ‘block’
attracting cases to the Commission. Article 101.1 of exemptions (see Section 13.8, page 208).
the TFEU prohibits agreements and parallel behaviour Its monopoly on exemptions from the prohibition
that restrict or distort competition within the common on restrictive agreements set out in Article 101.1 gave
market. However, it is not always clear whether restric- the Commission sole control of key levers of competi-
tions capable of afecting trade are involved, and in tion policy. he resulting centralization of EU competi-
any event the beneits of such restrictions may be more tion law enforcement in the hands of the Commission
signiicant than their negative efects (Odudu 2006). had considerable beneits in terms of consistency and
In practice, there are therefore many agreements, credibility, and was probably indispensable in order to
which are at face value restrictive, but that ought not allow a fully-ledged EU competition policy to develop.
to be prohibited. Because under Article 101.2 agree- In fact, with few exceptions (notably Germany), in the
ments that infringe the prohibition of Article 101.1 are EU a true competition policy was long pursued only at
automatically void, it was long held that undertakings Community level.
require prior assurances that their prospective agree- In recent years, however, this situation has changed
ments are not caught by this prohibition. Under the fundamentally. All MSs now accept, at least in princi-
key implementing Regulation 17/62 (Council 1962), ple, that state intervention and tolerance or promotion
only the Commission could provide exemptions to the of private cartel arrangements are poor substitutes for
prohibition on policy grounds, because notiication the market allocation of resources. Hence, in a proc-
to the Commission of the agreements involved was a ess of ‘spontaneous harmonization’, most MSs have
precondition for obtaining an exemption. However, adopted national competition rules based on the EU
this resulted in a lood of notiications which the model, and have moved towards efective enforcement
Commission has never managed to handle in a timely of these rules. At the same time, it became clear that
manner, due to capacity constraints. Moreover, the in order to further advance competition policy, the
Competition policy 207
Commission would have to focus on new problems, active enforcement of the competition rules against
such as those that arise in recently liberalized markets, public undertakings, and undertakings that enjoy spe-
in oligopolistic markets and in markets that extend cial and exclusive rights, such as legal monopolies,
beyond the EU. Likewise, to ensure proactive enforce- as well as licences or concessions limited in number
ment, it would have to focus more on complaints, and and awarded on discretionary grounds – for example,
on labour-intensive, own-initiative actions to pursue the early licenses to operate mobile telephony or port
the gravest cartel and dominance abuses. Meanwhile landing rights.
the adoption of a ‘leniency notice’ (CEU 2002l) led Second, the Commission’s policy on state aid has
to a steep increase in the number of applications for matured, in particular following the completion of the
a reduction of ines in cartel cases by undertakings internal market programme. his policy has included:
‘coming clean’ about cartel abuses in which they were targeting aid to public enterprises; the elaboration
involved, and providing the necessary evidence against of the ‘market investor test’, which means aid is not
their co-conspirators. Following up these cases in a acceptable unless private investors might have taken
timely and efective manner now requires increased similar investment decisions; and enforcing the repay-
resources. Together, these constituted compelling ment of illegal aid (see Chapter 14).
reasons to decentralize and modernize the system of he market investor test emerged from the case law.
enforcement. In the Spain v. Commission case of 1994, Advocate
Even prior to the adoption of the key modernization General Jacobs regarded aid as being granted when-
Regulation 1 of 2003, the Commission started rational- ever a state made funds available to an undertaking,
izing its existing Article 101.3 practice by streamlining which in the normal course of events would not be
and consolidating its block exemptions, and by moving provided by a private investor applying ordinary com-
towards an approach that relies more on economic mercial criteria and disregarding considerations of a
analysis, in particular in the area of vertical restraints. social, political or philanthropic nature. his approach
Likewise, at an earlier stage, following the momentum was adopted by the Court itself in the SFEI v. La Poste
generated by the 1992 internal market programme (see case of 1996, where it held that, in order to deter-
Chapter 7), the Commission had started focusing its mine whether a state measure constitutes aid for the
competition policy more on public undertakings and purposes of Article 107, it is necessary to establish
state intervention. hese three developments are each whether the recipient receives an economic advantage
discussed below. that it would not have obtained under normal market
conditions.
At the same time, the belief that state control over the
13.7 The public turn economy is inversely related to its performance became
widely shared by policy-makers at national level. his
During the irst three decades of its competition policy, realization was reinforced by the move to economic
the Commission focused on the basic task of enforc- and monetary union (EMU), which imposes budgetary
ing the Article 101 (EC) and Article 102 (EC) prohibi- constraints that make MSs reluctant to expose them-
tions against private undertakings. his required it to selves to the signiicant potential liabilities represented
elaborate implementing rules (the procedural regu- by public investment that is not guided by eiciency
lations and block exemption regulations mentioned considerations, and indeed by public ownership as
above) and to develop its practice concerning a range such (Devroe 1997; see also Chapters 11 and 12). he
of standard competition policy problems in this area. degree to which the system of state aid checks has
After consolidating this part of its competencies, the become engrained in the policy process is illustrated by
Commission started expanding the scope of its enforce- the fact that when the inancial crisis caused numerous
ment eforts, to cover the politically more delicate areas MSs to rescue ailing inancial institutions, EU state aid
of the public sector and state aid, over the course of the control over this process continued unabated.
1980s and 1990s. his trend has been deined as the An important new category of state aid cases con-
‘public turn’ of EU competition law (Gerber 2001). cerns services of general economic interest (Sauter
In the irst place, the Commission began more 2008). he Altmark case of 2003 states the main
208 Wolf Sauter
principles for inancing services of general economic national level (although EU rules can be invoked in
interest. In that case, the court concluded that pay- some cases by complainants before national courts).
ments made by governments to companies providing herefore, they must be enforced in a centralized
essential services – for example, public transportation manner.
– should not be classed as state aid as long as the fol- In sum, there is a clear case for Commission services
lowing criteria are satisied. First, the recipient must to focus on state aid, mergers and other cases with a
actually perform a predeined public service obliga- signiicant Community interest due to the size and
tion. Second, the parameters on the basis of which transnational nature or precedent value of the prob-
the compensation is calculated must be established lems involved, while leaving the great majority of com-
in advance in an objective and transparent manner. petition cases to national competition authorities and
hird, the compensation cannot exceed what is nec- sector-speciic regulators. A signiicant Community
essary to cover all or part of the costs incurred for interest or dimension was arguably not involved in
supplying the public service. Fourth, where the under- the bulk of competition cases so far examined under
taking that performs the public service obligation is Article 101. Accordingly, Regulation 1 of 2003 empow-
not chosen on the basis of a public procurement pro- ered national authorities to deal with such cases. In
cedure, the level of compensation needed must be addition, limiting the scope of the prohibitions to cases
determined on the basis of an analysis of the costs where economically signiicant efects and market
that a typical well-run undertaking in the same market power are concerned would help to allow a clearer
would have incurred. Taken jointly, this means that the focus on more serious competition problems at both
undertaking would have provided a public service in the national and EU levels. he developments in the
proportionate exchange for consideration, and hence area of vertical restraints and modernization indicate a
was not conferred an unfair advantage, so no aid was clear policy trend in this direction.
given.
Although the developments that constitute the
‘public turn’ of EU competition policy can certainly 13.8 Rationalization
also be seen as a form of modernization and rationali-
zation, they still remain distinct from these changes to Many commentators have criticized EU competi-
its traditional core anti-trust enforcement. In the utili- tion policy for its lack of economic analysis, in par-
ties sectors, where traditional monopoly markets must ticular in relation to restraints on competition under
be opened up to competitive entry, sector-speciic Article 101 (Hildebrand 2002; Korah 1998). In part,
competition rules enforced by independent sector the Commission’s approach, with its focus on formal
regulators will continue to play an important role at and territorial restraints, was a logical consequence
least in the medium term, until competition becomes of the integration objective. Yet even when it tried
suiciently efective for application of the general (or to accommodate economically advantageous vertical
horizontal) competition rules to suice. Meanwhile, agreements, the system of parallel block exemption
the existence of such sector-speciic national regula- regulations adopted for similar types of agreement led
tors helps to relieve the burden on the competition to inconsistencies and, in combination with the prac-
services of the Commission, and to spread an under- tice of identifying exempted restrictions, rather than
standing of how the process of competition may be just those restrictions held to be illegal, to ‘straitjacket’
protected in often technically complex (and politically efects. Moves towards consolidation and reform
sensitive) ields, such as electronic communications, started in 1996, when the Commission adopted a single
energy and transport. he rules on state aid will of block exemption for technology transfer agreements,
course not be phased out, as the need to distinguish replacing previously separate regulations concerning
legitimate public measures from illegal aid will persist patent and know-how licences. Since then, EU compe-
as long as public authorities are tempted to interfere tition policy has shifted away from an approach based
in markets. Moreover, unlike the antitrust provisions, on legal form towards one based on market power
the state aid rules are, by deinition, not suited to and economic efects: it is this process that can be
decentralized application, and no such rules exist at described as rationalization.
Competition policy 209
One of the reasons for this cultural change may signiicant: vertical agreements can improve economic
have been the integration of economists at DG COMP. eiciency by reducing the transaction and distribu-
here has been a large increase in the number of tion costs of the parties involved, and can lead to an
economists working at DG COMP: around 200 out optimization of their respective sales and investment
of over 700 oicials have an economics or business levels, in particular where there is efective competi-
background. About twenty of them have a PhD in tion between diferent brands. Most important from
economics, ten of whom are currently working in the an integration perspective, vertical agreements also
Oice of the Chief Economist. he Oice of the Chief ofer particularly efective ways of opening up or enter-
Economist was created in 2003 as a separate and inde- ing new markets. he objective of the vertical block
pendent division of DG COMP that mainly consists of exemption is to secure these positive efects, turning
economists (presently chaired by Professor Damian away from the earlier focus of EU competition law on
Neven). he Oice’s members work closely with the integration through protecting inter-brand competi-
case teams, getting involved early on in the investiga- tion (Peeperkorn 1998).
tion and providing economic guidance and methodo- he block exemption for vertical restraints is based
logical assistance. on a general exemption, subject only to a prohibition of
he most important examples so far concern the a limited number of blacklisted clauses (such as resale
Commission’s approach to vertical and horizontal price maintenance and most territorial constraints),
restraints. In 1999 it adopted a single block exemp- leaving broader freedom for commercial contracts
tion regulation for vertical restraints, replacing the (Korah and Sullivan 2002). Unless the undertakings
formerly separate legal instruments concerning exclu- involved enjoy market power (or where there are net-
sive distribution, exclusive purchasing and franchis- works of similar agreements stiling the market), the
ing agreements. In addition, the new block exemption block exemption creates a presumption of legality for
covers selective distribution agreements, which were vertical agreements concerning the sale of goods and
previously dealt with under individual decisions (CEU services that are concluded by companies with less
1999e). In 2000 the Commission adopted ‘horizontal’ than 30 per cent of market share. Only cases involv-
block exemption regulations for specialization agree- ing undertakings that are above this threshold require
ments and for research and development agreements separate analysis. In a move towards decentralization,
(CEU 2000g, h), followed by a notice on horizontal national authorities are empowered to withdraw the
cooperation agreements (CEU 2001l). With regard to beneits of the block exemption if vertical agreements
both vertical and horizontal agreements, the emphasis have efects incompatible with Article 101.3 on a geo-
is now on undertakings with some signiicant measure graphically distinct market within their jurisdiction.
of market power. Only the vertical block exemption is he vertical block exemption is now under review,
discussed in more detail here. especially its prohibition of retail price maintenance.
Vertical agreements are entered into between
undertakings operating at diferent levels of the pro-
duction or distribution chain that relate to the pur- 13.9 Modernization
chase, sale or resale of certain goods and services.
he restraints involved in such agreements typically For more than thirty-ive years, following the Council’s
cover various forms of exclusivity and non-competition adoption of the key procedural Regulation 17 in 1962,
clauses, as well as branding and pricing constraints the Commission was responsible for the administra-
that may foreclose market entry, reduce intra-brand tion of a highly centralized authorization system for
competition especially, and obstruct market integra- exemptions to the cartel prohibition of Article 101.1.
tion. Especially for the latter reason, vertical restraints his system rested on the notiication requirement
have traditionally been frowned on in EU competition and exemption monopoly introduced by Regulation
law, and a systematic policy recognizing the poten- 17. It has facilitated the uniform application of EU
tial beneits of vertical agreements has been slow competition law, which in turn fostered a ‘culture of
to develop. However, as the various speciic block competition’, now shared with national competition
exemptions testiied, these potential beneits can be authorities in all twenty-seven MSs, a majority of which
210 Wolf Sauter
obtained authority to apply national competition laws remains subject to challenge before national courts
inspired by Community law even prior to moderniza- and by the competition authorities both at national
tion (Temple Lang 1998). However, this success came and at Community level. he enforcement at national
at signiicant cost to efective enforcement: mass notii- level is facilitated by Commission guidance. In its
cations overburdened Commission services, leading to own handling of such cases, the Commission has
administrative solutions that did not provide adequate announced that it will limit the scope of its review to
legal certainty for undertakings, but which neverthe- undertakings with market power. Hence, as with the
less used to trump national courts and competition approach concerning vertical restraints, market shares
authorities in their own enforcement of the directly will come to play a key role. Under the modernized
efective cartel prohibition (Wils 2003). system, all national competition authorities are not
Over time, the Commission came to share many only to be empowered but also obligated to apply
elements of the widespread criticism of this system. Articles 101 and 102 in cases where there is an appreci-
In addition, it identiied the impending further EU able efect on trade between MSs. his considerably
enlargement (see Chapters 2 and 19), the efects of reinforces the decentralized application of EU com-
economic restructuring following EMU, and the petition law.
need to reallocate resources to respond adequately National competition authorities have to keep the
to the broadening geographic scope of various anti- Commission informed of their intentions in such
competitive practices as the result of economic cases, and must submit substantive decisions to prior
globalization, as reasons to adopt a programme of Commission scrutiny. Since the Commission retains
far-reaching modernization and reform of the manner the right to take over cases where this is deemed to
in which Article 101 is applied. In its modernization be in the Community interest, there will also be an
White Paper of 1999 (CEU 1999f), the Commission set increase in coordination at Community level. he
three objectives for this exercise: ensuring efective ambition is that DG COMP will become the linchpin
supervision; simplifying administration; and easing of a system based on a seamless network of closely
the constraints on undertakings while providing them cooperating competition authorities at national and EU
with a suicient degree of legal certainty (Wesseling level (Ehlermann 2003; Temple Lang 2004).
2000). Subsequently, the Commission’s proposals he role of national authorities was at issue in the
resulted in the adoption of the new Council regulation Consorzio Industrie Fiammiferi (CIF) case of 2003.
on the implementation of Articles 101 and 102, which CIF was an Italian consortium of domestic manufac-
came into force on 1 May 2004, coinciding with EU turers of matches. he CIF had been established by
enlargement. royal decree in 1923, and enjoyed a commercial and
he key element of this modernization exercise is iscal monopoly that ended in 1994. Subsequently,
that it replaces the mandatory notiication and authori- the Italian state undertook to prohibit the distribu-
zation system with a directly applicable legal excep- tion of matches that had been produced by non-CIF
tion system. his constitutes a shift from a system of members. In return, CIF promised to ensure that its
ex ante control to a system of ex post supervision that members paid the excise duty on matches. he Italian
relies more on direct efect, and hence on enforcement competition authority declared the relevant national
by national authorities and in private court actions legislation to be contrary to the good faith clause and
by interested parties. Undertakings are now required Article 101 of the TFEU, as it required the CIF to
to assess for themselves whether their contemplated engage in anti-competitive conduct. Remarkably, the
agreements are likely to infringe the prohibition of EU General Court agreed with the competition author-
Article 101.1, and, if they do, whether they remain ity and held that the duty to disapply national legisla-
within the scope of the legal exception of Article 101.3, tion that contravenes Community law applies not only
because the restrictions involved are limited to the to national courts, but also to ‘all organs of the state’,
minimum that is necessary to realize legitimate eco- including both national competition authorities and
nomic beneits shared with consumers, consistent with sector-speciic regulators.
established EU competition policy practice. he complexity of the role of the national courts
It is important to note that this self-assessment was brought out in the Masterfoods v. HB Ice Cream
Competition policy 211
case of 2000. HB had supplied retailers in Ireland with To some extent the Commission fell victim to its
freezer cabinets for no direct charge, provided that the own success at centralizing its competence in order
cabinets were exclusively used for stocking and dis- to secure its key mission of promoting market inte-
playing HB ice-cream products. In 1989 Masterfoods, gration. Nevertheless, its eforts eventually spawned
a subsidiary of Mars, Inc., entered the Irish market, both the spontaneous harmonization of competition
and some retailers started stocking Masterfoods prod- policy and an increasingly efective enforcement cul-
ucts in their HB freezer cabinets. When HB strongly ture at national level, which are now considered key to
objected to this practice by enforcing the exclusivity modernization.
provision of its distribution agreements, Masterfoods EU competition policy is in a process of ration-
brought an action before the Irish High Court, as well alization and modernization that involves imposing
as a parallel complaint with the Commission, claiming increasingly stringent curbs on public intervention,
that the HB exclusivity clause infringed Articles 101 and it is moving away from its former primary focus on
and 102. he Commission found that the exclusivity the integration objective towards increasing reliance
clause did infringe Community rules on competition on economic logic and on enforcement at national
and HB appealed to the EU General Court. In the paral- level.
lel national proceedings the Irish High Court held the Although signiicant advances have already been
reverse and Masterfoods appealed to the Irish Supreme made concerning previously privileged economic sec-
Court, which addressed the ECJ. he ECJ held that tors, state aid and revising the block exemptions, the
where a national court is considering issues that are ongoing review of EU competition policy instruments
already subject to a Commission decision, the court is not complete: a full review of policy on market
may not reach a judgment conlicting with the deci- power and dominance, including approaches to dom-
sion of the Commission, irrespective of the fact that the inance and collusion in oligopolistic markets, remains
Commission decision in question had been appealed to be worked out. he process of decentralizing the
to the General Court. he court further stressed that it enforcement of the principles established so far forms
is for the national court to decide whether to stay pro- a precondition for such further modernization, which
ceedings pending inal judgment or in order to address has only recently begun. Methods and principles for
a preliminary reference to the ECJ. case allocation and cooperation within the network
It is clear that new dynamics involving national of European competition authorities are being tested
regulators and courts are evolving. Because ending in practice. he state aid machinery is likely to be
formal centralization gives rise to an increased need reformed further. Finally, setting priorities may be
for coordination, it is by no means certain that the necessary to manage a growing low of cartels sub-
Commission’s ambitions to refocus its own enforce- ject to leniency applications. Nevertheless, the out-
ment activities on intensiied ex post control – including line of a fully-ledged market power and efects-based
that against the gravest cartels – can be realized without ‘second-generation’ system of EU competition law is
additional resources. Whether sharing responsibility now clear.
for competition law enforcement more broadly will
create momentum in favour of providing the necessary
means remains an open question. At a minimum, how- Summary
ever, it will provide the Commission with increased
lexibility in reordering its priorities. • EU competition law is one of the key instruments
of the SEM and thereby of European integration.
Although it is based on common concepts of anti-
13.10 Conclusion trust and law and economics irst developed in
the USA, it has a typically European dimension.
Following its initial system-building eforts, EU compe- Historically this can be traced back to German
tition policy became increasingly hampered by a mis- Ordoliberalism in the 1940s and 1950s, but even
match between the formal scope of the Commission’s more important is the aspect of promoting inte-
powers and its actual capacity for efective enforcement. gration that can be found, for instance, in the
212 Wolf Sauter
approach to parallel trade and vertical restraints 9. What determines whether a merger comes under
(long regarded with scepticism). EU jurisdiction?
• he three main dimensions normally associated 10. Under what circumstances will a merger be
with EU competition policy (CP) are the prohibi- banned by the EU?
tions on cartels and dominance abuse, and merger 11. What is state aid?
control. In addition, there are policies on public 12. Why is EU control of state aid necessary?
undertakings and on state aid, which do not con- 13. Explain the position of public enterprises under
cern the relationships between undertakings as EU CP.
such, but between undertakings and the MSs – for 14. Discuss the goals of EU CP and how they difer
example, exclusive rights or subsidies. hese rules from those of another jurisdiction, such as the
are complementary and aim at achieving efective USA.
(not perfect) competition in the SEM. he compara- 15. Why was it necessary to extend EU CP to mergers?
tively more recent attention for the role of the state 16. What is meant by the modernization of EU anti-
in this context has been called the ‘public turn’ of trust policy? In this context, explain the impor-
CP. tance of the legal exception and the exemption
• Finally, the rationalization and modernization of system.
EU CP policy are discussed: 17. Why has EU CP taken a public turn? Consider the
1. Rationalization largely equates integrating the form this change has taken.
use of more (up-to-date) economic analysis in 18. Discuss the relevance of economics to anti-trust in
CP. A notable example has been the revised the EU.
policy towards vertical restraints. 19. It has been necessary to modernize EU CP.
2. Modernization is the most recent trend and Consider the forms this modernization has taken.
revolves around the decentralization of CP to the
network of competition authorities in the MSs,
FU RTH ER REA DING
coordinated by the Commission, and replacing
the centralized exemption procedure with a legal Cini, M. and McGowan, L. (2008) he Competition
exception based on self-assessment. Policy in the European Union, Palgrave Macmillan,
At the same time, hard-core restrictions are Basingstoke.
combated more vigorously. Elhauge, E. and Geradin, D. (2007) Global Competition
Law and Economics, Hart Publishing, Oxford.
Faull, J. and Nikpay, A. (eds.) (2007) he EC Law on
Competition, 2nd edn, Oxford University Press.
Questions and essay topics Geradin, D., Layne-Farrar, A. and Petit, N. (2010) EC
Competition Law and Economics, Oxford University
1. Why is there an EU CP? Press.
2. What is efective competition and how does it Gerber, D. J. (2001) Law and Competition in Twentieth
difer from perfect competition? Century Europe: Protecting Prometheus, Oxford
3. What is the relevant market and why is it impor- University Press.
tant in EU CP? Monti, G. (2007) EC Competition Law, Cambridge
4. Deine an agreement/concerted practice between University Press.
irms that restricts competition. Motta, M. (2004) Competition Policy: heory and Practice,
Cambridge University Press.
5. What are vertical restraints and why are they con-
van Bael & Bellis (2009) Competition Law of the European
sidered diferently from horizontal restraints?
Community, 5th edn, Kluwer Law International,
6. What is a block exemption?
Deventer.
7. Under what circumstances would a company be in van den Berg, R. J. and Camesasca, P. D. (2001) European
a dominant position in the EU? Competition Law and Economics: A Comparative
8. Why is it abuse, not dominance, that is a problem Perspective, Intersententia Publishing, Mortsel,
under EU CP? Belgium.
Competition policy 213
214
The Lisbon Strategy 215
ofsetting market transaction costs. For outsourcing to Public funding of R&D can be selective and part of
work well, it requires many buyers and many service vertical ICP. his is less risky than ‘picking the win-
providers to ofer similar (but often subtly diferen- ners’ directly – for example, funding investment in new
tiated) specialized services. he spectacular beneits production facilities – since the new knowledge thus
come when specialization and economies of scale, in created might spill over into other areas and be gener-
turn, hit the service supply industry as well, spreading ally useful. For instance, the Apollo space programme
pecuniary externalities (Scitovsky 1954) throughout the is often credited with having developed the transistor,
agglomeration and creating a Silicon Valley efect. the grandfather of the silicon chip. But there is still
One important implication for industrial policy is the risk of governmental failure (see Section 14.3.6,
that while the agglomeration may be very large, most of page 218). Technological loops, linkages, feedbacks
the irms of which it is composed will be small. In fact, and spillovers are at the heart of the argument. hey
the economies of agglomeration can be interpreted as help to translate scientiic knowledge into commer-
being both substitutes for and complements of techni- cially useful innovations, and vice versa. Industrial
cal economies of scale. hus an agglomeration of a research by one irm takes known science, applies it
dense network of small, specialized suppliers and sub- to solving a particular problem, and in the course of
contractors might compete head-on with a large, verti- this adds to general scientiic knowledge, which can be
cally integrated corporation, or be complementary to a exploited by other irms and perhaps ind its way back
less integrated large irm. he competition is keeping to the universities. hus the creation of new knowledge
costs and prices down, and variety and innovation up. by one irm is assumed to generate positive externali-
hese factors have led to a range of government ties for other irms (Grossman and Helpman 1991). he
policies from science parks, export processing zones ability to assimilate existing technologies and gener-
and growth poles, which have proliferated with vary- ate new ones is by no means universal, but has to be
ing results. he ingredients of success remain elusive, cultivated. Countries in which technological research
partly because they are bound up with R&D research is carried out acquire a comparative advantage in the
and SMEs which are diicult to foster, for reasons that form of human capital resource endowments that may
are considered in the next two sections. persist for some time (Ruttan 1998). In turn, this human
capital resource can be encouraged by government
policy, especially as this seems to be crucial in deter-
14.3.4 Research and development
mining growth (Temple 1999). It is also plausible that
he importance of technological change in explain- pure science will remain economically inert unless
ing economic growth has long been recognized (Solow society possesses a steady supply of entrepreneurs to
1957; Denison 1974). In Solow’s neoclassical growth convert it into marketable products. More generally,
model technology is exogenous, but with Romer’s the importance of the institutional setting to economic
(1990) seminal contribution, models where technologi- performance has been increasingly stressed (Gwartney
cal change is endogenous have been developed. With et al. 2006).
innovation as a good, its production is driven by proit, here is general agreement that R&D should have
but innovation has peculiar characteristics. Inventions public support, but how much, in what way and at
are subject to increasing returns to scale because there what stage? he process of transforming general sci-
are large ixed costs. Firms will only invest heavily in entiic knowledge into commercial applications can be
R&D if they can appropriate for themselves the new viewed as a pipeline, running from academic institu-
knowledge they have created. Innovations are non- tions where much scientiic knowledge is created but
rival: once an iPad has been developed, its technology few innovations emerge, to the more focused develop-
and design can be copied relatively easily. his limits ment of prototype products or processes in commercial
irms’ incentive to innovate because other irms will engineering laboratories, on to small-scale testing of
copy expensively acquired knowledge – this is the free- innovations, and inally to full-scale commercial devel-
rider problem.2 his market failure is met by patents and opment and marketing. New knowledge is created at
by providing public funding of basic research and edu- each stage in the process. But which stage is the most
cation so that ideas can be developed and implemented. deserving of public support? Generally speaking, the
The Lisbon Strategy 217
the member state (MS) was so extensive that freeing danger. It found that MSs, ‘in an attempt to protect
markets could only produce a distorted outcome and employment, were justiied in boosting investment by
policy competition. Where these loomed large, and the granting irms inancial beneits . . . it agreed to inan-
political will was present, the problem was elevated cial aid being granted to ensure the survival of irms
to Community level and a ‘common’ policy was born. which have run into diiculties, thereby avoiding
ICP was limited to Commission powers of supervision redundancies’ (CEU 1976, para. 133). he list of sec-
to ensure that state aid did not distort competition in tors ‘in diiculty’ expanded to include automobiles,
the common market: ‘Save as otherwise provided in paper, machine tools, steel, synthetic ibres, clocks
this Treaty, any aid granted by a [MS] or through State and watches, and chemicals. he number of sub-
resources in any form whatsoever which distorts or sidy schemes notiied to the Commission rose from a
threatens to distort competition by favouring certain handful in the early 1970s to well over one hundred by
undertakings or the production of certain goods shall, the end of the decade.
in so far as it afects trade between [MSs], be incompat- Finally waking up to the danger, the Commission
ible with the common market’ (Article 107).3 decided to take a less lenient view of subsidies (CEU
Apart from the introductory caveat, this is a sweep- 1979a, paras. 173–4), putting more emphasis on the
ing prohibition. Its purpose is to prevent MSs’ indus- ‘need to restore competitiveness’ and to ‘face up to
trial policies from undermining the SEM. However, worldwide competition’. hus a period of leniency,
some industrial aid may be compatible with the when subsidies were allowed, was followed by a crack-
common market: regional policy, ‘important projects down, when the Commission vetted state aid much
of common European interest’, aid for ‘certain eco- more closely. his coincided with an improvement in
nomic activities’ (shipyards are given as an example) the economic situation and with MSs learning what
and ‘such other categories speciied by decisions of the was acceptable and unacceptable in state aid. So the
Council’. hus the Commission was given considerable number of formal investigations steadied, despite a
leeway in developing a policy with regard to state aid. rising number of cases, but the level of investigations
Article 108 empowers the Commission to ‘keep is related to the business cycle, rising again with the
under constant review all systems of aid’ in MSs. It slowdown after 1999. he rise in the number of cases
was some time before the Commission developed and objections in 2004 is associated with cases in the
these powers into a ‘policy’, since the role of gendarme new member states (NMS).
was not an easy one to assume when the miscreants he change from the Commission permitting, under
were MSs. he 1960s and early 1970s were good years supervision, the continuing subsidization by MSs of
and ICP was not a big issue. he Commission’s First ‘sectors in diiculty’ (coalmines, shipyards, textiles,
Report on Competition Policy (CEU 1972) found that and so on), to a more restrictive policy was associated
competition-distorting state aid was only signiicant with SEM development (see Chapters 2 and 7). his
in problem sectors such as shipbuilding, textiles and made it more important than ever that MSs should not
ilm production, and the Commission limited itself to thwart the competitive process by extensive use of state
exhortations to keep national aid within rather vague aid. he irst step was to evaluate the extent of the prob-
‘guidelines’. General aid schemes to promote invest- lem, with a general report on state aid every three years.
ment were approved, and even dowries for industrial he level of state aid4 has been decreasing with
weddings in the French electronics industry (Machines changing attitudes towards it, Commission policy and
Bull and CII) were passed without diiculty. peer pressure. State aid in the EU15 fell from 3 per cent
In the prolonged recession of the 1970s, character- of GDP in the 1980s, to 0.9 in 1992 and to 0.4 per cent
ized by high rates of inlation and unemployment, in 2003, where it stabilized (CEU 2009g). All countries
traditional macroeconomic policies were powerless have participated in this trend, the most spectacu-
to cope with this hitherto unprecedented combina- lar declines being registered by Belgium, Ireland and
tion. Firms continued to fail, unemployment to rise Italy, with most of the reductions taking place in the
and exchange rates gyrated. Many EC MSs resorted 1980s. Total aid in the EU15 in 2008 varied between
to the direct subsidization of loss-making irms. To 0.9 per cent in Portugal and 0.2 per cent in the UK (see
begin with, the Commission did not appreciate the Figure 14.1); in NMSs aid is generally higher, but more
The Lisbon Strategy 219
20
15
%GDP
10
0
m
nd
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ly
Po ia
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Ire
rt
Fr
Sw
en
G
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A
Be
Fi
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he
G
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et
Lu
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Excluding crisis measures Including crisis measures
3
%GDP
0
ia
ic
ia
us
ia
ry
ta
nd
ia
ia
ia
i
bl
ar
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an
an
en
ak
ga
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un
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th
Bu
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Ro
Sl
Sl
H
Li
e ch
Cz
variable, with aid only 0.1 per cent in Bulgaria and been changed priorities. Areas associated with com-
Estonia, but 1.7 per cent in Malta (see Figure 14.2). petitiveness, such as employment and training, R&D
he breakdown of state aid by objective is chang- and SMEs, along with the environment (another pri-
ing over time. Sectoral aid is cyclical; in the 1980s ority; see Chapter 18), have become more important.
and 1990s it luctuated between 40 and 60 per cent of Regional aid has declined (see Chapter 22). he distinc-
total aid, but since 1997 it has been on a downward tion between sectoral and horizontal is not clear-cut.
trend, accounting for only 4.4 per cent in 2007. his he restructuring of East German industry after reunii-
fall in total aid is the result of falling aid to sectors such cation, under the Treuhand, gave rise to a large number
as steel and shipbuilding, as countries have accepted of irm-speciic subsidies. Similar ad hoc company res-
the diminished size of these industries and changing cues have occurred in other countries. hese were
attitudes towards state aid. With the changing view of damaging to the SEM and to the Commission’s reputa-
the government’s role in ICP, the importance of hori- tion for maintaining fair competition. he Commission
zontal programmes has increased to 82.5 per cent of published guidelines in an attempt to contain the prob-
the total in 2007,5 but within this category there have lem (CEU 2008b). Rescue aid must be given on a ‘one
220 Brian Ardy
time, last time’ basis; it must be no more than a short- disturbance in the economy of a [MS]’. he extent of the
term holding operation and must take the form of problems of inancial institutions was such that further
transparent loans or loan guarantees. Restructuring aid detailed guidelines on recapitalization were issued in
must be justiied by a detailed corporate plan to restore December 2008. he efects on the real economy were
commercial viability. It is diicult to believe that R&D recognized by the Temporary Framework for State Aid
aid is available on demand without any of these limited supporting access to inance more generally. he need
restrictions. for state aid in clearing ‘toxic assets’ from bank bal-
Policy on state aid for R&D has developed from ance sheets was recognized in the Communication on
the irst Framework on State Aid for Research and Impaired Assets in the Community Banking Sector.
Development in 1986. his was generally favourable, Finally, the Restructuring Communication laid out
but warned of the dangers of fruitless duplication of Commission criteria to ensure the long-term viability
efort, pointed to the need for proper coordination by of inancial institutions (CEU 2009h). he 2008 crisis
the Commission and required the notiication of large expenditure raised total state aid in the EU15 from 0.4
R&D subsidies. Current rules require notiication of per cent of GDP to 2.2 per cent, but it was not evenly
aid of 5–20 million euros, depending on the type of aid. spread: Ireland sufered worst, but there was also heavy
he change in rules on R&D contributed to an expenditure in Belgium, Germany, Luxembourg, the
increase in the number of cases investigated by the Netherlands and the UK (see Figure 14.1, page 219).
Commission from 1987 onwards. Other factors With the exception of Latvia, which, like Ireland, suf-
included the increase in EU membership and greater fered from a collapse of its housing markets, NMSs did
eforts to track such aid. Because of the growing not require additional state aid to deal with the crisis
caseload, a regulation to grant group exemptions for (see Figure 14.2, page 219).6
certain categories of state aid deemed compatible with he Commission has been gradually exerting its
the treaties was agreed (Council 1998b). he exempt control over state aid, but national governments ind
categories are: horizontal aid (in particular, aid to it diicult to relinquish this policy instrument. he
SMEs, R&D, environmental protection, employment Commission still has problems enforcing discipline on
and training), regional aid and de minimis aid (aid so MSs, but this is within the context of a declining overall
small as to have no discernible efect on competition; level of state aid. here does seem to be a permanent
see page 206). his follows current thinking in allowing improvement, associated with changing views on ICP.
general aid and, in particular, aid to SMEs and R&D. his is relected in the growth of the EU’s R&D pro-
his picture of diminishing state aids was brought gramme and the Lisbon Strategy, to which the analysis
to an abrupt halt by the inancial and economic crisis now turns. he inancial crisis has presented a chal-
which began in 2007. his required not only unprec- lenge to state aid policy, but the Commission has man-
edented aid to the inancial sector, but also to other aged to combine the speed and lexibility necessary for
sectors in diiculty as a result of the recession. Many the emergency measures with a retention of control,
of the measures used to support inancial institutions especially of aid to non-inancial companies.
were subject to state aid rules; the Commission rec-
ognized the need for fast action, but still needed to
ensure that the measures were proportionate and did 14.5 Research and development policy
not unduly distort competition. Requirements for aid
for banks were that it should be: non-discriminatory; EU R&D policy is inspired by the idea that Europe fails
time-limited; deined and limited in scope, including to realize its full scientiic and technological potential
contributions from the private sector; containing rules because its research eforts are dispersed, expensive
to prevent use of state backing for market advantage; and given to wasteful duplication. Much is made of
and requiring structural adjustment/restructuring of the ‘technology gap’ which separates Europe from the
the institutions involved. Although aid was provided USA and Japan. he answer, in the Commission’s view,
for individual banks, it was targeted at the whole inan- is to create a ‘European research area’ by fostering
cial sector to prevent contagion, so it came within long-term collaborative ventures between Community
the provision of Article 107(b) ‘to remedy a serious irms; between European irms and publicly funded
The Lisbon Strategy 221
research institutions; and between universities at a limits are set on the intensity of aid dependent on the
European level. To this end, the EU uses two broad type of research and the size of enterprise, and thresh-
policy instruments: a dispensation from Article 107 for olds are set for the diferent types of aid which trigger
R&D collaborative agreements between large irms, detailed assessment (CEU 2008b).
and direct subsidies to encourage research.
and technological bases of Community industry and FP7 is also trying to create a European Research
to encourage it to become more competitive at the Area (ERA) to better coordinate European research.
international level’. his led to a multi-annual frame- he Commission’s contribution is the ‘benchmarking
work programme of research funding. he Treaty on of national research policies’, and studying, compar-
European Union (TEU; 1992) widened the policy to ‘all ing and evaluating individual MSs’ R&D policies to
the research activities deemed necessary by virtue of identify ‘best practices’. ERA is to prevent overlap, to
other Chapters of this Treaty’ (Article 179). So research make limited research funds go further and to ensure
funding has been extended beyond the competitive- that a suicient scale of activity can be inanced (CEU
ness of European industry to basic science and research 2009c). However, like all research policy, the problem
connected with social objectives. is to reconcile the quirkiness of the unknown within a
Although it is diicult to make comparisons ‘strategic’ approach.
because of the shifting categorization of the research
programme, some trends are clear. Expenditure on
14.5.3 R&D policy: an assessment
research accounted for an increasing share of GDP
between 1982 and 1994. From then until 2007, with EU ICP has come a long way from selective support
budgetary tightening, the share stagnated. he new to ‘sunset’ sectors and ‘sunrise’ industries to a policy
budgetary perspective has led to a signiicant increase designed to raise the EU’s competitiveness more gener-
in expenditure, but total research expenditure was still ally. he verdict on R&D policy is less clear-cut. he EU
less than a ifth of agricultural market expenditure has tried hard to avoid the trap of ‘picking the winners’
in 2009 (CEU 2010a, p. 72). Over the course of seven by supporting only ‘pre-competitive’ R&D but funding
Framework Programmes (FP), EU R&D priorities have has gone far beyond this. he fundamental problem
changed: FP1 and FP2 were dominated by energy and remains the diiculty of identifying potentially success-
information and communications technology (ICT); ful projects. Inevitably the process is politicized, with
while these remain priorities, they have become less countries increasingly concerned about their share of
important (CEU 2005f, 2009i). Industrial technologies, the funding (Peterson and Sharp 1998). here have been
the third priority in the irst four programmes, have successes and failures – HDTV was a iasco (European
been dropped. Life sciences (now health) have become Court of Auditors 1995, paras. 9.12–9.49) – but clearly
more important, and new priorities have emerged, such support for telecommunications research has paid of,
as the environment and nanotechnology. he share of since the European Global System for Mobile commu-
expenditure devoted to speciic industrial priorities has nications (GSM) proved to be a huge commercial suc-
declined and that on developing capacities has grown: cess, and some of this success is perhaps attributable
‘ideas’ (individual peer-reviewed projects); ‘people’ to the ESPRIT and BRITE programmes. It is still early
(the development researchers); and ‘capacities’ (the to assess FP7; the evaluation of FP6 concluded that
development of research infrastructure, encouraging ‘FP6’s large investment in R&D produced high-quality
research in SMEs, and research clusters). his changing research and results of scientiic, industrial, social and
distribution of research expenditure relects changes policy interest’ (Rietschel 2009, p. 46). he problem is
in ideas about the priorities for research and how it that it is impossible to know what the anti-monde (see
should be fostered. In particular, the gradual reduction Chapter 9) would have been. he sums are huge, the
in the role of industrially targeted research is the result opportunity costs are enormous, and the probability of
of a growing emphasis on developing capacities rather a massive improvement on what markets would have
than targeting the shift from old to new ICP. here is achieved is small.
also some concern that what is happening here is the It is clear that EU R&D is becoming more involved
capture with ever larger sums of money of projects with objectives other than competitiveness, such as
close to the heart of industry and the research com- the environment and regional policy. Is this to be wel-
munity. Yet EU expenditure on R&D remains relatively comed or deplored? Care must be taken that a lack of
modest: it has risen from 2.3 per cent of national gov- focus does not lead to inefectiveness and capture by
ernment research expenditure in 1985 to 9.6 per cent in interest groups.
2002 (CEU 2004d, 2010a; Eurostat 2010d).
The Lisbon Strategy 223
and R&D, as well as by stepping up the process of struc- more attractive place to invest and work, complet-
tural reform for competitiveness and innovation and by ing the SEM and business-friendly regulation; knowl-
completing SEM; edge and innovation for growth: raising expenditure
• modernize the European social model, investing in on R&D; and creating more and better jobs, by raising
people and combating social exclusion;
the labour force’s adaptability, education and skills.
• sustain the healthy economic outlook and favourable
Even this slimmed-down agenda involved a multiplic-
growth prospects by applying an appropriate macro-
ity of objectives, which widened further when concerns
economic policy mix (European Council 2000a, I5.5).
over the downgrading of environmental and social
To say that the LS was all-embracing is an under- aspects led to their being re-emphasized in the agree-
statement. It encompassed new technologies, par- ment on the revised agenda (European Council 2005a).
ticularly ICT; research and innovation; encouraging he Commission also tried to achieve more by ‘bend-
entrepreneurship and SMEs; a fully operational SEM, ing’ other policies, such as competition and structural
including services; liberalization of network industries; policy, to achieve the LS’s objectives.
integrated inancial markets; promotion of competi- he Commission has proposed a new Strategy,
tion and reduction of state aid; coordination of macro- ‘Europe 2020: A strategy for smart, sustainable and
economic policy; iscal consolidation; reform of tax and inclusive growth’ (CEU 2010b), which has been
beneit systems to improve employment; more and adopted by the European Council (2010c). his looks
better jobs; modernizing the European social model; awfully like Lisbon 3, with targets for an employment
lifelong learning; increasing physical and human capi- rate of 75 per cent,8 R&D at 3 per cent of GDP, the
tal; equal opportunities; work–life balance; improved environment, education and reductions in poverty. To
childcare provision; and promoting social inclusion. overcome some of the LS’s problems, national targets
here are three reasons for the breadth of this agenda. will vary according to starting points and there will
he irst is the belief that improving economic perform- be closer monitoring. But doubts remain whether this
ance requires a wide range of interrelated measures. will be suicient to overcome the weaknesses of the LS
he second is that this is the result of a bargaining proc- (Euractiv 2010).
ess to achieve unanimity where individual national
leaders ensured that measures particularly important
14.6.3 The outcomes of the Lisbon
to them were included. And the third is that it is a
Strategy
relection of the fact that there is considerable disa-
greement over how economic performance should be he LS can be judged on two levels: whether it has
improved. One group of countries, led by the UK, changed MS policies and whether these changes in
believed that liberalization, particularly of the labour policy have improved EU performance. here has been
market, was essential, while others were keen to retain reform, tax burdens have been reduced, regulations
their high levels of protection of workers. here was eased and labour markets liberalized, but the changes
therefore a need to include in the LS elements of have not been suiciently widespread, comprehensive
the European social model. hus the LS contained or deep. he policy reform has been no greater than
twenty-eight main objectives, 120 objectives and 117 that achieved by non-EU OECD members, so the LS
indicators. his wide and somewhat contradictory LS, does not seem to have had much impact on policy
difering attitudes (Boeri 2005) and the reliance on an (Tilford and Whyte 2010).
open method of coordination (see Sections 23.2, 23.5.1, he LS does not seem to have had much impact on
page 364 and 370) undermined its efectiveness. the EU’s economic performance. he familiar adverse
he LS operated during 2000–2010 and a mid-point comparison with the USA is conirmed by Table 14.2.
evaluation was very critical: ‘Lisbon is about everything Economic growth of real GDP in the EU15 was mar-
and thus nothing’ (Kok 2004, p. 16). he mid-term ginally higher from 1998 to 2007, at 2.4 per cent, than
review of the policy (CEU 2005g) recognized these it was from 1988 to 1997, when it was at 2.3 per cent.
problems and sought to make the policy more focused Higher growth was achieved by the USA and a group
and raised its status. Lisbon 2 had three priorities, of comparable OECD countries, comprising Australia,
concentrating on growth and jobs: making Europe a Canada, New Zealand and Switzerland (ACNZS), with
The Lisbon Strategy 225
Table 14.2 Growth of real GDP in the EU15, the USA, Japan and ACNZS, 1978–2009
Real GDP
EU15 2.2 2.3 2.4 2.2 1.7
USA 3.1 3.0 3.0 2.8 2.4
Japan 4.2 2.9 1.2 0.9 0.4
Australia, Canada, New 2.5 2.2 3.1 2.0 1.5
Zealand and Switzerland
(ACNZS)
Real GDP per person employed
EU15 1.8 1.8 1.3 1.2 0.9
USA 1.2 1.4 2.1 2.0 1.9
Japan 3.4 2.0 1.6 1.4 1.0
ACNZS 0.9 1.0 1.1 0.9 0.8
Real GDP per hour worked
EU151 2.2 2.3 1.7 1.5 1.3
USA 1.2 1.4 2.3 2.2 2.2
Japan 3.6 3.2 2.1 1.9 1.7
ACNZS 1.2 1.2 1.4 1.2 1.1
Note:
1
EU15 excluding Greece, Luxembourg and Portugal 1978–87, and excluding Austria 1978–97.
Source: CEU 2010c; OECD 2010b; own calculations
this group marginally worse than the EU15 during he amount of labour available for production is
1988–97. Japan’s growth rate was high until the early dependent not only on the number of workers, but
1990s, when economic problems led to very low growth also on how many hours they work, and trends difer
which continues. between countries: the average number of hours
Overall GDP growth depends not only on changes in worked in the EU159 declined by 9.5 per cent between
productivity but also on changes in the inputs used: the 1978 and 2007, but by only 2.5 per cent in the USA.
amount of labour and capital. Calculating the growth of Taking account of these changes in hours of work by
real GDP per person in employment provides a macro calculating GDP per hour worked: the EU15 had faster
measure of productivity. Using this measure, a difer- growth of GDP per hour worked than the USA during
ent picture emerges: EU15 productivity growth was 1978–97, but then productivity growth slowed while
signiicantly higher than the USA’s from 1978 to 1997, the USA’s productivity rose. he EU15 had superior
but EU15 productivity growth slowed signiicantly after productivity growth to ACNZS over the whole period,
1998, while US productivity growth rose. his slower but the diference narrowed after 1998. Japan’s growth
productivity was associated with faster employment in productivity per hour worked was higher than the EU
growth (see Chapter 23), but the USA managed to throughout, but the rate was declining.
combine employment growth with rapid productivity So far the discussion has been about the period
growth. ACNZS productivity growth remained below up to 2007, before the economic crisis and its associ-
that of the EU15 throughout, but the gap narrowed in ated recession. his is appropriate because the issue
the later period. Japan had higher productivity growth is long-term, but to a signiicant extent recent trends
in all periods, but sufered a greater reduction in the were driven by factors leading to the crisis; some recent
rate. growth was the result of ‘bubble’ activity, particularly in
226 Brian Ardy
knowledge-based economy in the world, capable of 16. Evaluate the success of EU R&D policy.
sustainable economic growth with more and better 17. What was the Lisbon Strategy (LS)?
jobs and greater social cohesion’. 18. Why was it diicult to get LS measures imple-
• he results have been disappointing: the policy was mented?
overambitious, too wide-ranging and with only a 19. Assess the impact of the LS.
limited commitment from MSs that would have to 20. Do you think Europe 2020 resolves the LS
carry out the measures. problems?
• he LS has not improved the EU’s productivity 21. Was the LS appropriate and necessary?
performance.
• he LS operated from 2000 to 2010; a similar strat-
FU RTH ER REA DING
egy, Europe 2020, has now been introduced for the
period 2010–20. Buigues, P.-A. and Sekkat, K. (2009) Industrial Policy in
• It is argued that the LS is misconceived and its Europe, Japan and the USA: Amounts, Mechanism
objective and methods can be questioned. and Efectiveness, Palgrave Macmillan, Basingstoke.
Tilford, S. and Whyte, P. (2010) he Lisbon Scorecard X: he
Road to 2020, Centre for European Reform, London.
Questions and essay topics
N OT ES
1. What is ICP? What government policy measures
1 As well as the failure of individual companies, illus-
does it cover?
trated vividly in 2005 by the inal demise of Rover, the
2. Why might ICP be necessary if markets are imper-
supposed national champion of the UK motor vehicle
fectly competitive?
industry.
3. Explain what is meant by network externalities. 2 Innovation is still possible without patent protection
4. Explain what is meant by agglomeration because the innovator will enjoy beneits until the
economies. innovation is copied. here may also be irst-mover
5. Explain what is meant by R&D externalities. advantages.
6. Consider how ICP can adjust for these externalities. 3 Article numbers refer to the latest version of the
7. Explain the idea of government failure in relation Consolidated Treaty (CEU 2008a).
to ICP. 4 Total aid, excluding agriculture, isheries, transport and,
8. Why are entrepreneurship and SMEs particularly in 2008, crisis measures.
5 Because of the decline in overall aid, even expenditure
important for economic performance?
on horizontal objectives has declined in real terms.
9. What aspects of ICP can be used to increase entre-
6 Although the efect on their real economies was signii-
preneurship and the development of SMEs?
cant and in some cases severe.
10. What are the main elements of EU state aid policy? 7 EU research programmes are supplemented by the
11. Consider how state aid policy has developed since Eureka (European Research Coordinating Agency) pro-
1958. gramme launched in 1985, which today encompasses
12. Why did the inancial and economic crisis that forty European countries which cooperate on research.
began in 2007 pose particular problems for state In the early 1990s Eureka expenditure was almost as
aid policy? large as Framework Programmes, but today Eureka is
13. Evaluate how efectively DG COMP responded to much smaller than FP. Eureka concentrates on near
this challenge. market research and so is complementary to FP pre-
competitive research.
14. Examine the case of EU R&D policy.
8 For 20- to 64-year–olds.
15. Describe the way in which EU R&D policy has
9 See Table 14.2, note 1.
developed.
Tax harmonization
15 B R I AN AR DY AND A LI EL - A G RAA
229
230 Brian Ardy and Ali El-Agraa
systems. he movement of factors of production can be he extent of the problem of distortion depends on
inluenced by government tax and expenditure policies. the type and rate of tax. here are particular problems
he administrative and compliance costs for the govern- with excises on products such as alcohol and tobacco,
ment and taxpayers may be afected, and the ability of with enormous diferences in rates. Tax competition is
national governments to pursue redistributive policies not a signiicant problem with labour taxation because
is constrained. Tax harmonization in the EU is the align- of the very low degree of international mobility in the
ment of tax bases, rules and rates to reduce the harmful EU5 (Braunerhjelm et al. 2000, pp. 46–59; Chapter 8).
interactions between diferent MSs’ tax systems.3 High-tax countries would also tend to ofer a higher
provision of public services, ofsetting the higher taxes.
he high mobility of capital, especially in an economic
15.3 The principles of tax harmonization and monetary union (EMU), means that capital will
tend to move to where taxation is lowest. his process
hree criteria should inform tax harmonization: juris- will continue until diferences in the return on capital
diction, distortion and enforcement. ofset diferences in taxation and returns on immov-
Jurisdiction is the determination of who should able factors, labour and land prices are accordingly
receive the revenue from a particular tax. With EU depressed in high capital tax countries.
taxation tightly controlled, MSs are the jurisdiction Enforcement is the ability to ensure that the agreed
for the overwhelming majority of tax revenue, but this rules apply in practice. Large diferences in excise taxes
sovereignty has to be pooled for the efective opera- on cigarettes are diicult to enforce in the absence
tion of national tax systems in the SEM. Transparency of borders. Taxes on labour are usually withheld
is required, with clear deinitions of tax bases and by employers at source and so are relatively easy to
regulations. he operational independence of national enforce. CT poses particular enforcement problems.
tax systems should be possible within agreed rules; If the tax is based on the source of the income, this
cooperation and information exchange should not be requires separate national accounting for each MS,
part of the day-to-day operation of the tax system. but this is not possible for multinational corporations
he clearest example of the jurisdictional principle (MNs), so unsatisfactory, ad hoc arrangements are nec-
applies to consumption taxes and the choice between essary. he location of proits can also be shifted by the
the destination and origin principles (see Section 15.4, manipulation of transfer prices6 and other methods.
page 232). Labour taxes are usually paid in the country Taxes based on residence also face problems associ-
of residence, which is normally the same as the source ated with the need to allow for taxes paid elsewhere.
country where the income is earned. Income from National tax independence within the EU necessi-
capital is taxed at source in the case of CT, but income tates a signiicant degree of tax coordination to ensure
is also subject to residence-based tax. Where more than the efective operation of tax systems. he analysis now
one tax jurisdiction is involved, the interaction between turns to the four principle areas of harmonization: VAT,
national tax systems becomes important. excise duties, energy taxes and CT (see Table 15.1).
Distortion concerns the avoidance of tax-induced
ineiciency in the operation of the SEM. Spillover/
externalities can occur as a result of the operation of tax 15.4 Value added tax
systems. he most common externality is tax competi-
tion, which will tend to lead to lower tax rates, because In the 1957 EEC Treaty tax harmonization is solely con-
governments fear the loss of the tax base to countries cerned with indirect taxes. Harmonization was seen as
with lower rates. his will reduce tax revenues overall vital for preventing indirect taxes from acting as NTBs
and increase the marginal cost of public funds.4 Tax on intra-EU trade. However, the treaty only required
competition encourages the taxation of less mobile tax the harmonization necessary to ensure the establish-
bases and may cause lower provision of government ment and functioning of a single market. he treaty is
services. Whether this is a problem is debatable; it can rather vague about what it means by harmonization,
be argued that tax competition acts as a necessary dis- but this is normal; treaties lay down the objective, while
cipline on government iscal proligacy. further negotiations lead to detailed legislation.
Tax harmonization 231
At EEC inception there were four types of sales, or production.7 A third was mixed systems (Belgium and
turnover, taxes operating in Western Europe (Dosser Italy). he fourth was the purchase tax (UK), a single-
1973; Paxton 1976). One was the cumulative multi-stage stage tax charged at the wholesale stage by registered
cascade system (West Germany, Luxembourg and the manufacturers or wholesalers, which meant that man-
Netherlands), where the tax was levied on the gross ufacturers could trade with each other without paying
value of the commodity at each stage of production, tax.
without any rebate on taxes paid at earlier stages. Although all these tax systems had a common treat-
Another was the value added tax (VAT; in France), ment of trade, with no tax paid on exports, and tax
levied at each stage of production as a percentage of levied on imports at the point of entry, the cumulative
the value of sales less tax levied at earlier stages of systems involved distortions. Since the amount of tax in
232 Brian Ardy and Ali El-Agraa
cumulative systems varied with the number of transac- widespread use of multiple rate VAT; third, the treat-
tions in the supply chain, the precise amount of tax to ment of cross-border trade. Under current legisla-
be remitted on exports could not be calculated accu- tion (Council 2010a), exemptions from VAT include:
rately, and nor could the tax on imports; this meant that activities such as healthcare, education, social services,
these taxes could be used as NTBs.8 cultural services, public broadcasting, postal services,
he EEC adopted VAT as its turnover tax and a leasing/letting property, insurance, inancial transac-
common base9 was agreed. Having chosen the tax and tions and gambling; and organizations, public bodies,
the tax base, the EEC had to decide on the tax jurisdic- small business and farmers. Public bodies are exempt
tion, using either the ‘destination’ or ‘origin’ principle. because it seems strange for the government to tax
Under the destination principle, tax revenue would be itself, but recent experience of privatization and con-
attributable to the country of inal purchase. For exam- tracting out has indicated that there is no clear division
ple, if the UK levies VAT at 8 per cent and France at 16 between public and private activities. he exemption
per cent, a commodity exported from the UK to France of small business is the result of the high, largely ixed
would be exempt from UK tax but would be subject cost of operating VAT, which would function as regres-
to the tax in France. Hence France would collect the sive tax on small business.10 he compliance costs of
tax revenue and the UK’s exports would compete on VAT are estimated to be 2 per cent of turnover for small
equal terms with French products in the French market. businesses (turnover below 60,000 euros), but only 0.3
Under the origin principle, tax revenue would be dis- per cent for large companies (turnover greater than 1
tributed according to the value added in each country. million euros) (Sandford et al. 1989). he problem with
Hence a commodity exported by the UK to France would exemptions is that they can lead to distortions in prices,
pay UK tax (8 per cent), and in France additional tax reduce the eiciency of tax collection and increase
would be levied to bring the overall tax on the commod- compliance and administration costs. A wider tax base
ity to 16 per cent. Under strict conditions, equivalence with fewer exemptions is desirable.
would apply: tax revenue and its distribution would be he EU is still a long way from achieving the approxi-
the same under the destination and origin principles. mation of VAT rates envisaged in the SEM White Paper
hese conditions are that the tax systems in both coun- (CEU 1985a). All countries respect the minimum stand-
tries must be exactly the same in terms of base, rules ard rate of 15 per cent, with a range from 15 per cent
and rates, and trade should be balanced. In this situa- in Luxembourg and Cyprus to 25 per cent in Denmark
tion the tax collected from foreign countries on exports and Sweden (see Table 15.2). Lower rates vary between
would be the same as the tax paid to foreign countries 0 and 10 per cent, with the majority of countries operat-
on imports. In the absence of these conditions, the ing multiple-rate VAT. A long list of exceptions compli-
destination and origin principles will lead to an uneven cates the system considerably.
distribution of the tax burden between countries. he he extent to which the variation in rates represents
destination principle requires border tax adjustments, a problem with regard to cross-border shopping is
so it was argued that a borderless EU needed a shift to arguable. Evidence suggests that its magnitude dimin-
the origin principle (Shibata 1967). In the absence of the ishes rapidly with distance, and diferences in excises
equivalence conditions, both systems involve potential seem to be more important, accounting for two-thirds
jurisdiction and distortion problems, so it is practical of the value of cross-border shopping (Bygrä et al. 1987;
issues that will decide the choice of system (Bovenberg Fitzgerald et al. 1988). Similarly, Commission studies
1994; Lockwood et al. 1994). he EEC decided to use the ind that the abolition of border controls has not led to
destination principle, which is consistent with undis- signiicant changes in cross-border shopping patterns,
torted intra-EU trade, provided that customs controls distortions of competition or changes in trade, due to
remain. his decision ensured that the EEC continued diferences in VAT rates (European Parliament 2001b).
to have separate national markets divided by physical So there does not seem to be any great need to further
borders. Changes were needed once these physical bor- harmonize VAT rates to reduce distortions caused by
ders were eliminated by the SEM. cross-border shopping.
here are three fundamental problems with he existence of multiple rates is much more ques-
VAT: irst, the deinition of the tax base; second, the tionable. he major reason for special exemptions and
Tax harmonization 233
Single rate
Denmark 25.0 – 21.0 10.1
Dual rate
Bulgaria 20.0 7.0 34.5 11.5
Czech Republic 19.0 9.0 19.5 7.1
Germany 19.0 7.0 17.9 7.0
Estonia 18.0 5.0 24.9 8.0
Hungary 20.0 5.0 19.3 7.8
Latvia 18.0 5.0 23.0 6.6
Malta 18.0 5.0 23.3 8.0
Netherlands 19.0 6.0 18.6 7.3
Austria 20.0 10.0 18.2 8.0
Romania 19.0 9.0 28.2 7.6
Slovakia 19.0 10.0 23.6 6.9
Slovenia 20.0 8.5 22.6 8.4
UK 17.5 5.0 17.0 6.3
Multiple rate
Belgium 21.0 6.0/12.0 15.8 7.0
Greece 19.0 4.5/9.0 21.8 7.1
Spain 16.0 4.0/7.0 15.9 5.3
France 19.6 2.1/5.5 16.4 7.0
Ireland 21.0 4.8/13.5 24.4 7.1
Italy 20.0 4.0/10.0 13.8 5.9
Cyprus 15.0 5.0/8.0 28.9 11.3
Lithuania 18.0 5.0/9.0 26.6 8.1
Luxembourg 15.0 3.0/6.0/12.0 16.8 6.0
Poland 22.0 3.0/7.0 23.4 8.0
Portugal 20.0 5.0/12.0 23.6 8.7
Finland 22.0 8.0/17.0 19.4 8.4
Sweden 25.0 6.0/12.0 20.0 9.4
Arithmetic average EU15 19.9 18.7 7.4
Arithmetic average NMS10 18.8 24.8 8.3
Arithmetic average EU27 19.4 21.4 7.8
Minimum rates 15.0 15.0
reduced rates is to limit the regressive impact of VAT,11 goods and services (Denmark) (OECD 1988b). hus,
but the major beneiciaries of such exemptions are not although expenditure on food is proportionally higher
the poor. he conclusion of a 1988 study, which has for poorer groups, the better-of spend more in abso-
been supported by subsequent evidence,12 was that the lute terms, thus the improvement in the progressivity of
distribution of the tax burden was not very diferent if the tax system is minor. ‘Diferentiated VAT rates are an
products were zero-rated (the UK), taxed at a reduced inefective, ill targeted instrument for eliminating the
rate (the Netherlands) or even at the same rate as other impact of the tax on the poor’ (Cnossen 2002, p. 492).
234 Brian Ardy and Ali El-Agraa
Multiple rates are also not without cost, since they vary from tightening up the administrative arrange-
increase the administrative complexity of the system ments to altering the VAT system – for example, by not
and cause problems of compliance. One study sug- charging VAT on business-to-business transactions or
gested that UK irms found that having multiple rates charging VAT on intra-EU trade. Such measures could
rather than a single rate doubled compliance costs be limited to certain items likely to be involved in car-
(Hemming and Kay 1981). Imposing an additional ousel fraud. However, this could weaken self-policing
VAT rate also reduces the compliance rate by 7 per elements of the system and complicate and increase
cent (Agha and Houghton 1996). his is not surprising the costs of policing and compliance.
when one realizes that the following factors need to his analysis leads to the conclusion that VAT reform
be considered in applying the zero rate to food in the should extend the tax base and eliminate multiple
UK: ‘place of consumption, timing of consumption, rates. Eventually the problem of fraud may give MSs
temperature, saltiness, number, volume, concentra- the incentive to inally achieve suicient harmoniza-
tion, sugar content, use of ingers in consumption and tion of rates to enable a move to the origin system to
alcoholic content’ (Cnossen 2002, p. 493). here is, take place.
therefore, no economic or social justiication for the
continued use of multiple rates.
he EU responded to the abolition of iscal borders 15.5 Excise duties
in the SEM with a transitional regime of cross-border
trade on a deferred payment or postponed accounting here are large diferences in rates between MSs, and
basis. Under this system exports are free of VAT, but the excise duties are important for EU governments, being
exporter must inform the iscal authorities in the coun- the ifth most important source of revenue (see Table
try it is exporting to. Importers must declare imports 15.1, page 231). hus the importance of excises varies
and pay VAT at the local rate. A VAT Information substantially between MSs, from 18.3 per cent of tax
Exchange System (VEIS) reinforces checks by requiring revenue in Bulgaria to 4.5 per cent in Italy in 2008.
registered businesses to ile quarterly reports of exports he EU position on tobacco duties is a compro-
and imports. In the past the Commission has argued mise between the southern and northern MSs. he
that the deferred payment system is bureaucratic, south favoured taxation based on the value of the
creates additional administrative burdens for compa- product to protect their cheap, home-grown tobacco.
nies and is subject to fraud. he European Parliament he north preferred speciic taxes based on volume
(2001b, p. 44) suggests that the identiied 1,300 million rather than value to discourage tobacco smoking. his
euros of VAT fraud is merely ‘the tip of the iceberg’. he led to wide diferences in rates and in the total tax
Commission wanted to shift to the origin system (CEU burden on cigarettes.13 his widened still further with
1985a), but it has now accepted that this is politically low tax and low cigarette prices in the new member
too diicult and has sought to improve the transitional states (NMSs; see Table 15.3). EU regulations (Council
regime. his has become more urgent with the esca- 1992b, 1995a) have had to accommodate this wide
lation of missing trader/carousel fraud. his occurs variation. hus the EU requires that the speciic and ad
where fraudsters set up bogus companies to import valorem excises plus VAT must not be less than 57 per
high-value items (mobile phones and computer chips) cent of the retail price and 64 euros per thousand ciga-
that are VAT-free, then sell them on to other bogus rettes; these are to be raised to 60 per cent and 90 euros
companies, charging VAT, but not paying it to the tax in 2014 (Council 2010b). he total tax on a pack of
authorities. he goods are then exported and the VAT twenty cigarettes varies between 1.28 euros in Poland
that has not been paid is reclaimed. he process can to 5.21 euros in Ireland (see Table 15.3). With such a
then start over again, hence the term carousel. When disparity of tax and consequent variation in prices, it
the tax authorities seek to claim the VAT, they are is not surprising that high-tax countries are sufering
unable to trace the owners/oicers of the companies a substantial loss of revenue as a result of personal
involved. With organized crime involved, the losses are purchases overseas and small- and large-scale smug-
very high: 10 per cent of VAT revenue (he Economist gling. It is estimated that 25 per cent of the cigarettes
2006, p. 5). he suggestions for controlling this problem smoked in the UK are smuggled (Public Accounts
Tax harmonization 235
Committee 2002). Tobacco smuggling is not simply to avoid taxation distorting trade between MSs. hus
a UK problem; it is an EU-wide and global problem the most lagrant discrimination in favour of local
(Cnossen and Smart 2005). With internal harmoniza- producers has been eliminated (Cnossen 1987), but
tion of tobacco duties problematic and the threat of national beverages are still protected – for example,
external smuggling, governments in high-tax countries by applying diferent excises to still and sparkling
are faced with a diicult choice between lower duties wine. Some convergence of rates has occurred as MSs
and revenue loss. have moved towards the lowest rate: seven MSs levy
Excises on alcoholic drink are based on relative no excises on wine, and in France it is only 3 euro
alcohol content as a result of a judgment by the cents a litre. Some high rates persist, with large dif-
European Court of Justice (1983), which was necessary ferentials remaining: the excises on wine vary from 0
236 Brian Ardy and Ali El-Agraa
to 2.73 euros a litre and on spirits from 6.45 to 15.45 outside the consumers’ own MS (European Parliament
euros (see Table 15.4). A directive on minimum rates 2001b, p. 39). Harmonization of rates and a similar
was agreed in 1992 (Council 1992c); the minimum basis of taxation across drinks is required, reducing
was set at a low level, and since then it has been rates in northern Europe, leading to some increase in
eroded by inlation so now it does nothing to reduce consumption, and raising rates in the south, causing
the diferences in taxation. he taxation of alcohol is some inlation.14 hese largely transitional problems
also excessively complicated. are a price worth paying to eliminate the diiculties
Substantial smuggling and cross-border purchases caused by current large diferences in rates (London
occur; it is estimated that about a quarter of the spirits Economics 2010).
consumed in Denmark and Sweden are purchased
Tax harmonization 237
Unleaded petrol excise duty Diesel fuel excise duty Diesel and gasoline
(euros per litre) (euros per litre) VAT (%)
justiied as a means of paying for roads, concentrat- government expenditure, which beneits the economy
ing tax on one energy use makes little sense in a wider while constraining wasteful expenditure.17
environmental context. To reduce distortions caused Unfortunately, this theoretical ambiguity cannot
by the haphazard taxation of energy, a directive apply- easily be resolved by empirical analysis. his is bedevil-
ing minimum tax rates to all energy products was led by the complexity of CT and the lack of aggregate
agreed in 2003 (Council 2003d). his applies to fuel measures of corporate proits. he complexity of the
used for transport or heating, not when used as raw tax stems from the variation in the way in which proit
materials, and it allows diferential taxation between is measured for tax purposes (depreciation of invest-
private and commercial use. While it irons out some ment, treatment of research and development expend-
distortions and encourages energy eiciency, this is iture, and so on), the interaction with the personal tax
very far from a comprehensive carbon tax (considered system, the treatment of overseas earnings, and so on.
in Chapter 18). here are substantial diferences between the statutory
his indicates that further reform of indirect taxes and implicit rates18 (Eurostat 2010a; Nicodème 2001).
in the EU is desirable. he operation of VAT is com- hus statutory CT rates are poor indicators of the actual
plicated by multiple rates, which seem to have little rate of tax on proits; estimates of implicit CT rates take
merit. he transitional regime for the collection of VAT into account the diferences in tax legislation between
worked reasonably well, but is now under pressure countries (Devereux et al. 2002). However, these esti-
from growing fraud, and tackling this will either com- mates are sensitive to assumptions that have to be
plicate the existing system or require more fundamen- made relating to tax policy, economic conditions and
tal change to the origin system. Diferences in excise investor behaviour.
rates are a cause of substantial smuggling from both Given these problems, it is not surprising that the
within and outside the EU. Further harmonization, empirical evidence on globalization and corporate tax
with reductions, particularly in the highest rates, seems revenue is ambiguous. Some studies actually suggest a
to be the only answer here. positive relationship between the two (Garrett 1995b;
Swank 1998), but the relationship was found to be
negative when implicit CT rates were used (Bretschger
15.6 Corporation tax and Hettich 2002; de Mooij 2005). CT rates have been
reduced in the EU, with the average top rate in the
CT is a tax on company proits and thus on capital. EU27 falling from 35.3 per cent in 1995 to 23.2 per cent
Since capital is potentially mobile there are concerns in 2010; however, this is not necessarily the result of tax
that the movement of capital will undermine national competition. Rates may have been reduced and bases
CT and governments’ revenue.16 he received wisdom widened to improve the eiciency, equity and simplic-
that tax competition would inevitably lead to a race ity of the tax system; the implicit CT rate rose from 1995
to the bottom, however, has been questioned on both to 2007, so there is no evidence of a downward trend
theoretical and empirical grounds. Not all capital is in CT revenue in the EU.19 Microeconomic evidence
mobile and governments have consequently sought to does seem to suggest that CT is a factor afecting MSs’
tax immobile corporations while reducing burdens on location decisions: head oices and foreign subsidiar-
mobile capital. he widening of the CT base and the ies are attracted to low-tax jurisdictions (Buettner and
lowering of rates can be seen as a move in this direction Ruf 2007; Barrios et al. 2009). here is also evidence of
(Devereux et al. 2002). In addition, CT is only one of signiicant shifting of proit from high- to low-tax juris-
the factors afecting choice of location, and if there are dictions (Huizinga and Laeven 2008) and that it occurs
ofsetting beneits then CT can still be collected. hese within the EU (Huizinga et al. 2008).
beneits could be agglomeration economies leading to Perhaps even more than with other taxes, the bewil-
a diferential return on capital (Baldwin and Krugman dering complexity of the diferent national systems
2004). Alternatively, the beneits could derive directly is an issue. In addition to great variation in what can
from the efects of government expenditure on pro- and cannot be deducted in the calculation of proit,
ductivity (Wooders et al. 2001). If this view is taken, CTs vary in the extent of personal income tax liability
then tax competition has the beneit that it encourages on dividend income (distributed proits). here are
Tax harmonization 239
two extreme systems: the classical and imputation sys- rates may be ofset by other characteristics of the CT
tems. Under the classical system, corporations pay tax system, but there are large diferences in implicit rates.
on their proits, but there is no allowance for this tax NMSs generally have low nominal CT rates, but their
against personal taxation (PT). Under the imputation simpler systems with few allowances mean that difer-
system, the whole or part of the corporation tax can be ences between nominal and implicit rates are usually
used to ofset PT liability on dividends. Another possi- small.
bility is subjecting dividend income to a separate lower CT has other economic efects: the higher rate on
rate of PT. EU enlargement has added yet another dividends favours proit retention. Since interest can
variant – only taxing dividends, not retained earnings. be allowed as a cost before the calculation of proit,
At present, CT systems in the EU run the whole gamut, CT encourages the use of debt rather than equity for
with four diferent systems in operation and a range inance; this is reinforced by inancial innovation blur-
of rates from 10 to 34 per cent (see Table 15.6). Higher ring the distinction between equity and debt. his will
240 Brian Ardy and Ali El-Agraa
tend to make it more diicult for new irms to raise cross-border operations (national rules would remain
capital, because proit will be retained by existing irms for domestic operations). HST means that MSs would
rather than recycled via dividends. Also, the limited only be taxed in the MS in which their headquarters
credit history and asset bases for collateral of new irms is located. With both systems, one set of consolidated
make it diicult for them to borrow. Devereux and accounts would be produced, and a formula using
Griith (2001) calculate efective average CT rates on shares of sales, payroll and property would be used to
hypothetical investment projects using the rates and apportion proit,21 to which MSs would apply their tax
rules in current legislation, showing that retained earn- rates. he Commission is supporting the development
ings have an efective CT rate on average 10 per cent of a CBT (CEU 2007c).
higher than that on debt.20 CBT is not without problems; it would tend to
his analysis of the efects of CT suggests that the dis- increase tax competition due to greater transparency,
tortions can extend across EU borders. he CT system because diferences in tax paid would depend solely
favours incumbent as opposed to new irms, limit- on rates. Distortions between MSs caused by national
ing competition and reducing SEM dynamism. It also distortions, such as the favouring of debt over equity
favours markets where shareholder involvement in the inance, are not dealt with: ‘the elimination of in-state
company is more direct, such as in Germany, where distortions is a prerequisite to the elimination of inter-
banks typically have large holdings and where the need state distortions’ (Cnossen 2002, p. 531). Although
to satisfy shareholders with dividends is lower. he one of the objectives is to make cross-border merg-
lower taxation of debt inance is to the advantage of ers easier, tax considerations will become a factor
MSs with large irms that are creditworthy; where there inluencing such mergers. Formula apportionment of
are close links between banks and companies it can proit would lead to further distortions of the location
protect against foreign takeovers, because foreign irms of production. he problems are such that some com-
do not have the same access to local bank inance. he mentators doubt whether CBT or EU CT are worth the
favourable tax treatment of debt inance is reinforced efort (Mintz 2002). Whether such proposals would
by internationalization and liberalization of capital carry suicient support to be agreed is questionable
markets. With withholding tax on cross-border inter- in any case.
est payments very low, a large part of interest income Another problem is that of interest and dividend
escapes taxation (Huizinga 1994). payments to foreign holders, who can avoid income
he requirement that proits for CT should be cal- taxation: a withholding tax was proposed to deal with
culated separately for each MS creates problems for this issue. his tax would have to be accepted to ofset
pan-European business. Tax losses in one MS cannot income tax liability in the MS of residence. In liberal-
be ofset against proits in another, and assets trans- ized inancial markets, an EU withholding tax would
ferred between MSs may be subject to capital gains tax. encourage an outlow of funds from the EU and the City
his discourages cross-border mergers and takeovers of London in particular. Instead, the EU and 15 other
and constrains the operation of MSs within the EU. he states have agreed on the exchange of information on
administrative costs of complying with diferent CT assets held by residents of other MSs, so as to enforce
regimes can also be high. residence-based taxation (Council 2003a).22 he direc-
he Commission’s Bolkestein Report (CEU 2001g) tive does not seem to have afected saving behav-
scrutinized two approaches to these problems: irst, iour, but this may relect the paucity of the available
piecemeal changes to legislation to correct particular data and loopholes in the legislation (Hemmelgarn
distortions – for example, improving double taxa- and Nicodème 2009). A review (CEU 2008c) con-
tion conventions; second, general measures to estab- cluded that the legislation was operating satisfactorily,
lish a common tax base for EU activities. here are but some tightening of the rules was needed and an
three possibilities for a common tax base: an EU CT, amended directive is now going through the legislative
common base taxation (CBT) and home state taxation procedure.
(HST). An EU-wide CT would be diicult to agree,
given the requirement for unanimity. CBT would
harmonize rules for calculating taxable proits on
Tax harmonization 241
15.7 Conclusion 4. distortion – that is, the efects of the taxes on the
economy; and
It should not come as a surprise that tax harmonization 5. enforcement – that is, how the tax rules are
continues to be a diicult issue for the EU: a sensitive applied.
area of national sovereignty that remains the preroga- hese will guide the tax harmonization process, which
tive of MSs collides with the need to avoid distortions involves the narrowing or elimination of diferences of
to trade and investment in an increasingly integrated the tax base and tax rates. he need for these adjust-
SEM. herefore, tax harmonization involves a trade-of ments and for tax harmonization is principally in rela-
between national sovereignty over tax, and the diicul- tion to taxes on consumption and on capital.23
ties caused by variations in rates and systems. he lim- • Of the consumption taxes, VAT presents limited
ited degree of tax convergence achieved so far indicates problems:
that tax competition cannot be relied on to achieve 1. the tax base of consumption is relatively immo-
spontaneous harmonization. Tax competition moves bile and consumers are not very sensitive to dif-
rates to lower levels, but this is not always undesirable: ferences in rates;
it may act as a restraining inluence on taxation. Tax 2. the tax is relatively cheap to collect and it is dif-
harmonization, therefore, may be regarded as a way of icult to evade.
maintaining the level of taxation. here are some areas, he principal diiculties with VAT are associated with
however, where harmonization could achieve signii- exemptions, multiple rates and their administrative
cant potential beneits (excise duties), but given the costs. here is a good case for making the tax base
law of unintended consequences, which seems to hold as wide as possible and for the abolition of multiple
sway in tax matters, a gradualist approach to harmoni- rates. he transitional regime on cross-border trade has
zation is both practical and preferable. worked satisfactorily, but is now under increasing pres-
sure from fraud; this calls into question the continued
use of the destinations system of taxation.
Summary • Excise duties on cigarettes and alcohol do present
substantial problems because of the enormous dif-
• EU tax harmonization is the agreement and appli- ferences in rates that persist. his encourages a
cation of common rules for taxation across the EU. substantial illegal market, with suppliers ranging
his involves three separate aspects: from small-scale smuggling to organized crime.
1. the object of taxation – that is, what is to be hese problems can probably only be dealt with
taxed; efectively by harmonization of rates. Energy is an
2. the tax base – that is, agreement on the calcula- area where there are good arguments for increasing
tion of what is to be taxed; and taxation, but where, with the exception of vehicle
3. harmonization of rates. fuel, rates are low.
• Tax harmonization in the EU so far has been very • Taxation of capital presents diiculties because of
limited to: the mobility of the tax base and the spread of corpo-
1. an agreed base for VAT; rate activities across states. his means that the taxa-
2. minimum rates for VAT, alcohol, cigarette and tion jurisdiction is somewhat arbitrary and the taxes
energy taxation; and levied will have considerable cross-border efects.
3. some limits to unfavourable interaction between Corporation tax is also notable for its complexity,
national tax systems. which is not helped within the EU by diferences in
• Tax harmonization is necessary because in the SEM its bases, rules and rates. he system at the moment
diferent tax systems: distorts the choices of retaining and distributing
1. can cause distortions; and proits, and encourages inancing by debt rather
2. can undermine the ability of national govern- than equity. hese distortions within MSs also
ments to raise revenue. have cross-border efects on investment and busi-
his process needs to consider: ness restructuring. he Commission’s suggested
3. jurisdiction – that is, who is to receive taxes; common base taxation is not without problems.
242 Brian Ardy and Ali El-Agraa
Questions and essay topics security payments made by employers may be efec-
tively borne by employees as reductions in their wages.
1. Is tax harmonization necessary in the EU? 3 Government expenditure can cause analogous efects
2. Why is tax harmonization so diicult in the EU? to diferences in taxes. hese efects are dealt with by
3. Explain what is meant by the following terms: internal market legislation (Chapter 7) and, for indus-
trial subsidies, by competition policy (Chapter 13).
jurisdiction, distortion and enforcement. Consider
4 Tax competition means that a higher rate of tax is
why they are important for tax harmonization.
needed to raise funds, increasing tax-induced inef-
4. Distinguish between origin and destination VAT iciency.
systems. Explain how the EU has managed to con- 5 he main people afected will be very high income
tinue with the origin system in the SEM. earners, who would in any case be attracted by tax
5. Explain the problems caused by diferences in havens, which ofer extremely low rates of tax.
VAT between EU MSs. 6 his is the intra-company price for international trade
6. Why are diferences in excise duties on cigarettes that takes place within the company.
and alcohol so large in the EU? 7 hus the tax paid equals the rate of tax multiplied by
7. Why has it proved so diicult to harmonize excise the value added at that stage of production.
8 Such taxes also had variable efects on prices and
duty on cigarettes and alcohol?
encouraged the vertical integration of companies.
8. Why do diferences in excise duties on commercial
9 See Council 2010a for the latest version.
diesel fuel cause problems in the SEM?
10 his is the reason for the exemption of farmers,
9. What economic efects could diferences in corpo- although they receive lat rate compensation for tax on
ration tax (CT) between MSs have? agricultural inputs.
10. Why is CT harmonization particularly 11 Some countries also use lower rates for labour-
complicated? intensive services as an employment measure.
11. Why has the Commission argued that a common 12 For example, the Australian Society of CPAs (1998)
CT base is necessary? estimated that only 15 per cent of the beneit of a zero
12. How would you explain the fact that while the rate on food in New Zealand would go to households
statutory rate of CT has fallen, the implicit rate has with the lowest 20 per cent of income.
13 Ninety-ive per cent of total tobacco consumption.
risen?
14 Although additional revenue could be used to lower
other indirect taxes, eliminating the inlationary efect.
FURT HER RE A D I NG 15 Part of the justiication for high vehicle taxes is to
reduce emissions for environmental reasons. he
Cnossen, S. (2003) ‘How much tax coordination in the Commission’s proposal for a carbon tax was not
European Union’, International Tax and Public approved, but some member states have introduced
Finance, vol. 10. carbon taxes (see Chapter 18).
Griith, R., Hines, J. and Sørensen, P. B. (2008) Interna- 16 he problem of tax avoidance on interest by the use of
tional Capital Taxation, Institute for Fiscal Studies accounts in another EU country has been dealt with
(www.ifs.org.uk/mirrleesreview/press_docs/interna- by an agreement to exchange information on such
tional.pdf). accounts (Council 2003e).
Keen, M. and de Mooij, R. (2008) ‘Tax policy and sub- 17 his, of course, could constrain government expendi-
sidiarity in the European Union’, in G. Gelauf, I. Grilo ture considered desirable by the population.
and A. Lejour (eds.) with M. Keen (2008) Subsidiarity 18 he implicit or efective rate is the tax revenue divided
and Economic Reform in Europe, Springer, Berlin. by the tax base.
19 Since a lot of corporation tax was collected from the
inance sector, this downward trend may relect the
N O TES
unusual circumstances of this period.
1 Eurostat 2010a. All other taxation statistics in this chap- 20 Excessive leverage was a causal factor in the inancial
ter are from this source unless otherwise indicated. crisis, so CT reform should be part of the general
2 his is formal incidence; the legal responsibility for recasting of the economic system to avoid excessive
paying the tax, the real incidence, who really bears the debt.
burden of the tax, can be very diferent. hus social 21 his is the system widely used in the USA and Canada.
Tax harmonization 243
22 Some non-EU countries operate withholding taxes 23 Since income taxes present few independent cross-
rather than exchange information, and this includes border problems, they are not considered here.
Switzerland; given that this tax was at the relatively low
rate of 15 per cent, this limited the efectiveness of the
measure.
Transport policy
16 K E NNET H B U T TON
16.1 Introduction trying to explain land use patterns, but such explicit
consideration of space and the problems of traversing it
Transport is an integral part of any economic or social was exceptional. he situation changed with the advent
structure. Military conquests in the past were largely of new transport technologies in the mid-nineteenth
along well-deined, natural transport corridors or, in century and as countries appreciated that manipulation
the case of the Roman Empire, along man-made infra- of the transport system could inluence their economic
structure. In terms of lifestyles, the growth of cities conditions. However, the manipulation of transport
has mainly been at important junctions in transport rates and the strategic design of infrastructure networks
networks. Technology advances and changes in politi- were used to protect domestic industries in ways akin to
cal ambition, as well as new economic conditions and tarif and non-tarif trade barriers (NTBs; see Chapter 6).
institutional developments, have altered the nature of he contemporary upsurge of interest in supply
this link, but its fundamental importance remains. he chain management, just-in-time production and the
role of transport as a lubricator of economic reconstruc- like has led to a wider appreciation of the general need
tion was appreciated in the post-Second World War to enhance the eiciency of European transport if the
period. Institutions such as the European Conference region as a whole is to compete successfully in the
of Ministers of Transport (ECMT),1 were set up under global economy. he concern is that the efectiveness
the Marshall Plan (1948) to assist in reconstructing of transport logistics in the EU should be at least com-
transport infrastructure, while the European Coal and parable with those elsewhere, to ensure that the labour,
Steel Community (ECSC, 1951) devoted energies to capital and natural resources of member states (MSs)
improving the eiciency of the European rail transport can be exploited in a fully eicient manner.
system. It was even more transparent in the formation It was against this broad background that the EU ini-
of the European Economic Community (EEC, 1957), tially sought to develop a transport policy, of which the
whereby the explicit creation of a Common Transport CTP is now but one element, designed to reduce arti-
Policy (CTP) was mandated (see Chapters 2 and 17). icial friction. It has taken time for the CTP and other
Transport is also a major industry. It directly employs elements of policy to come together to represent any-
about 7 per cent of the EU’s workforce, accounts for 7 thing like a coherent strategy. here have been shifts
per cent of EU GDP and for about 30 per cent of inal of emphasis since the signing of the EEC Treaty and
energy consumption (see Chapter 17). But this is per- frequent changes in the types of policy deemed appro-
haps not really the important point. From an economic priate to meet these moving objectives. his chapter
perspective, the crucial point about transport is its role provides details of the underlying issues that have been
in facilitating trade and allowing individuals, compa- central to these eforts and charts some of the paths
nies, regions and nation states to exploit their various that have been pursued to confront them.
comparative advantages. Early debates concerning the
merits of free trade tended to assume away the fric-
tion associated with moving goods to markets, and the 16.2 The European transport system
analysis of migration patterns exhibited similar tenden-
cies to assume transport costs to be negligible. Some Problems with CTP creation began early. he EEC
economists did take account of transport costs when Treaty contained an entire chapter on transport,
244
Transport policy 245
although limiting itself to movement of freight by road, (including variations in railway gauges, vehicle weight
rail and inland waterways. Strictly, the treaty said: ‘he limits and diferent electricity currents); they also
Council may, acting unanimously, decide whether, to relected fundamental diferences in the ways trans-
what extent and by what procedure appropriate provi- port was viewed.
sions may be laid down for sea and air transport’. At a macro, political-economy level there are two
While the treaty gave indications of what national broad views on the way transport should be treated.
obligations should be, it was not until 1961 that a mem- Following the continental philosophy, the objective is
orandum appeared setting out clear objectives, and to meet wide social goals that require interventions in
not until the following year that an Action Programme the market involving regulations and public ownership.
was published. he emphasis of these initiatives was his approach dominated much of twentieth-century
to seek means to remove obstacles to trade posed by transport policy thinking in continental Europe. Its
the institutional structures governing transport, and to place has been taken in recent years by a wider accept-
foster competition once a level playing ield of harmo- ance of the Anglo-Saxon approach to policy. his treats
nized iscal, social and technical conditions had been the transport sector as little diferent to other eco-
established. It has subsequently taken over forty years nomic activities. Transport provision and use should
to make signiicant progress towards a CTP. be eicient in its own right. Eiciency is normally best
Examination of an EU map provides information attained by making the maximum use of market forces.
on some of the problems of devising a CTP. Even Of course, the extremes of the alternative approaches
when the Community consisted of only six MSs, the have never been employed; it has been a matter of
economic space involved hardly represented a natural degree. Even in countries such as the UK that had in
market. Ideally, transport functions most efectively the past been seen as a bastion of the Anglo-Saxon
on a hub-and-spoke basis, with large concentrations ideology, there existed extensive regimes of regulation
of population and economic activity located at the and large parts of the transport system have been in
corners and in the centre, with the various transport state ownership. here have been shifts in the impor-
networks linking them. he central locations act as tance of the approaches. he interventionist posi-
markets for transport services in their own right, but tions of Germany and France were initially set against
also as interchange and consolidation points for traic the more liberal approach of the Netherlands. With
between the corner nodes. In the six MSs, however, the Denmark and the UK’s accession in 1973, intervention-
bulk of economic activity was at the core, with limited ist thinking was weakened. Subsequent enlargements,
growth at the periphery. he accession of such states as combined with a more generic movement away from
Finland, Ireland, Greece, Portugal and Sweden added interventionist policies, added to the impetus for less
to the problems of serving peripheral and often sparsely regulation of transport markets.
populated areas, and subsequent enlargements have Views on eiciency have also changed. he approach
complicated the diversity of transport considerations until the 1970s was to treat eiciency largely in terms of
further. he geographical separation of some MSs and maximizing scale eiciency, while limiting any dead-
the logical routeing of traic through non-MS coun- weight losses associated with monopoly power. Most
tries, together with the island nature of others, pose transport infrastructure was seen as enjoying econo-
further problems. mies of scale that could only be exploited by coordi-
Also, the CTP was not initiated with a clean slate: nated and, ipso facto, regulated and often subsidized,
MSs had established transport networks and institu- development. State ownership was common. Many
tional structures that could not be changed rapidly. At aspects of operations were also seen as potentially
the outset, countries such as France and West Germany open to monopoly exploitation and in need of over-
carried a signiicant amount of their freight traic by sight. his situation changed from the late 1970s. he
rail (34 and 27 per cent by tonne-kilometres respec- high levels of subsidies enjoyed by many elements
tively). Others, such as the Benelux nations and Italy, of the transport sector became politically and practi-
relied much more on road transport, the average length cally unsustainable, and economists began to question
of domestic hauls being an important determining fea- whether the regulations were actually achieving their
ture. he resultant diferences were not simply physical aims. hey may have been captured by those that are
246 Kenneth Button
intended to be regulated or manipulated to the ben- and transcends national boundaries and modes. he
eit of individuals responsible for administering the liberalization of transport markets throughout the
regime. Government failures, it was argued, were larger world and the extension of private sector ownership
than the market failures that interventions were trying have had an inluence too, providing important dem-
to correct. onstration efects to other sectors, which, in turn, have
New elements also came into play in the 1970s, con- also been liberalized (Button and Keeler 1993).
cerning the wider environmental implications of trans- he early thinking regarding the CTP centred on cre-
port. To some extent this has been part of a wider efort ating a level playing ield on which competition would
within the EU to improve the overall environment (see be equitable. he ECSC had initiated this approach
Chapter 18) and to fulil larger, global commitments in the early 1950s, and it continued as EU interest
on such matters as reducing global warming gas emis- moved away from primary products. he ECSC had
sions (CEU 1992b). Transport impacts the environment removed some artiicial tarif barriers relating to rail
at the local level (noise, carbon monoxide, and so movements of primary products, and the CTP initially
on), at the regional level (for example, nitrogen oxide attempted to expand this idea in the 1960s to cover the
emissions and maritime pollution) and at the global general carriage of goods, and especially those moved
level (carbon dioxide). It is this diversity of implica- on roads. Road transport was viewed rather diferently
tions and the trade-ofs between them, as well as the to railways. It was perceived that the demand and
absolute scale of some of the individual environmental supply features of road haulage markets could lead to
intrusions, that make policy formulation diicult. Local excessive competition, as well as supply uncertainties
efects have largely been left to the individual MSs, but for periods and shortages at others, with the potential
as the implications of regional and global environmen- of monopoly pricing.
tal intrusions have become appreciated, so EU trans- he early eforts involved seeking to initiate common
port policy has become proactive. he main problem operating practices – for example, relating to driv-
with these types of environmental issue is that their ing hours and vehicle weights – common accounting
efects are often trans-boundary, ofering little incen- procedures and standardizing methods of charging. A
tive for individual action by governments. forked tarif regime for trucking, with rates constrained
A new focus of attention since the 2001 terrorist between oicially determined maxima and minima,
attacks on the USA has been the security of the European was aimed at meeting the problem period swings
transport supply chain for passengers, freight and between excesses and shortages of supply. Maximum
third parties. his has involved interactions not only and minimum rates on international movements
between MSs, but also with external bodies, including within the EU were stipulated and statutory charges
the UN’s International Civil Aviation Authority and the established. Practically, there were problems in setting
International Maritime Organization. he measures the cost-based rates, but besides that, questions were
taken have imposed costs not only directly on those raised concerning a policy that was aimed at simul-
supplying transport services, but also on the users of taneously tackling monopoly and excess competition
these services, with inevitable consequences for the (Munby 1962). Limitations on the number of interna-
way the system performs. his is a matter that overlaps tional truck movements across borders were margin-
with international relations and defence and is not con- ally reduced by the introduction of a small number
sidered in any great detail here. of Community Quota licences – authorizing the free
movement of holders over the entire EU road network
(Button 1984).
16.3 The initial development of a CTP he 1973 EC enlargement to nine MSs stimulated
renewed interest in transport policy. he new MSs
he past forty years have seen important changes in the (Ireland, Denmark and the UK) tended to be more
ways in which transport is viewed. here have always market oriented in their philosophies. Also, there was
been periodic swings in transport policy, but the period inevitable horse-trading across policy areas, and with
since the late 1970s provides a watershed that has per- enlargement came the opportunity to review a whole
meated EU thinking. he change has been dramatic range of policy areas. At about the same time, the
Transport policy 247
Commission raised legal questions concerning the shipload at relatively stable rates. he ability to dis-
inertia of the Council to move on creating a genu- criminate in relation to price enjoyed by these cartels,
ine CTP. It also followed a period of rapid growth in however, was beginning to be eroded as it became
trade within the EU, with a shift towards greater trade more diicult to diferentiate cargoes. Action by the
in manufactures. As a result, infrastructure capacity UN to limit the power of these cartels in the 1970s,
issues were coming to the fore and the case for more aimed at protecting developing countries, was also
lexible regulation of road freight transport was being in conlict with the national policies of some EU MSs,
argued (Button 1990). but others ratiied it. Concerns were reinforced in the
he outcome was not dramatic, although new sec- 1980s as the size of the EU’s shipping sector declined
tors entered the debates, most notably maritime trans- signiicantly in the face of competition from Far East
port, and wider objectives concerning environmental and Communist bloc leets. Taxation and policies on
protection and energy policy played a role. Overall, the such matters as wages and technical standards were
Action Programme carried through between 1972 and adding to the problem by stimulating operators to ‘lag
1974 involved a gentle move to liberalization by making out’ and register in non-MSs. A need for a more coor-
the quota system permanent, and expanding the dinated EU maritime policy thus emerged (Brooks and
number of licences increased international intra-EU Button 1992).
road freight capacity. he option of using reference he First Package in 1985 sought to improve the
tarifs rather than forked tarifs was a relection of the competitive structure of the EU’s shipping industry
inherent problems with the latter. A major initiative and its ability to combat unfair competition from third
involved seeking to improve decision-making regard- countries (CEU 1985c). It gave the Commission power
ing infrastructure provision and to appropriate ways of to react to predatory behaviour by third party shipown-
charging for its use. he importance of transport links ers. he measures also allowed block exemptions for
outside the EU, but as part of a natural European net- shipping cartels, albeit with safeguards to ensure that
work, also began to play a part in policy, with the devel- the exemption was not exploited (see Chapter 13). In
opment mechanisms for their planning and inancing. 1986 a Second Package – the Positive Measures Package
he second/third EU enlargements (Greece, then – was initiated, aimed at addressing the decline in the
Portugal and Spain) had little impact on the CTP, competitiveness of the EU’s leets, as well as covering
which essentially remained piecemeal. he only signif- safety and pollution issues, and a common registry was
icant change prior to major developments in the early proposed. It was not a success, however, and leet sizes
1990s was the gradual widening of the modes covered. have continued to decline, bringing forth new ideas
here were, for example, moves to bring maritime and for capacity reduction from the Commission. As part
air transport policy in line with EU competition policy. of the general efort to liberalize the EU’s market and
he accession to the EC in the 1970s and early 1980s enhance eiciency, agreement on cabotage (the provi-
of the UK and Greece, with established shipping tradi- sion of a domestic service within a country by a carrier
tions, brought maritime issues to the table, and then from another nation) was reached, with exceptions in
the Single European Act (SEA) of 1987 provided a cata- some markets – for example, Greek Islands.
lyst for initiating a maritime policy (Erdmenger and Compared to shipping, ports policy can best be
Stasinopoulos, 1988). A series of measures was intro- described as ad hoc. Initial concerns in the early 1990s
duced aimed at bringing shipping within the EU’s com- centred on modernization and the assurance that there
petition policy framework. Technical shifts, such as the was port capacity to handle the larger ships that were
widespread adoption of containerization, had begun being introduced. Progress was relatively slow until
to inluence the established cartel arrangements that 2000, when sea and inland ports were incorporated
had characterized scheduled maritime services; these into the Trans-European Networks (TENs) initiative,
initial arrangements were ‘conferences’ that coordi- with the objective of integrating and prioritizing invest-
nated fares and sailings, but later were more integrated ment in transport infrastructure. In 2001 the notion of
‘consortia’. Conferences had been permitted in most ‘motorways of the seas’ was introduced as part of the
European countries since the late nineteenth century, initiative.
because they ofer scheduled services of less than a Globally, air transport policy, since the USA had
248 Kenneth Button
liberalized its domestic passenger and freight markets countries. MSs were required to allow competition
in the 1970s, had been moving away from a tradition to change the shares up to 55/45 until 30 September
of regulation (Button et al. 1998). And until the early 1989, and thereafter to 60/40. Fifth freedom (also called
1980s, it had also generally been thought that aviation ‘beyond rights’, which means granting an airline the
policy was outside the jurisdiction of the Commission right to carry revenue traic between foreign coun-
and a matter for national governments. his changed, tries as part of a service connecting the airline’s own
following a number of legal decisions by the European country) traic was not included in these ratios, but
Court of Justice (ECJ) regarding the applicability of was additional. here was also a provision in which
various aspects of EU competition rules to air transport. serious inancial damage to an air carrier could con-
he EU’s bilateral system of air service agreements stitute grounds for the Commission to modify the shift
covering scheduled air transport between MSs was to the 60/40 limit. he decision also required MSs to
tightly regulated, as was the case in other parts of the accept multiple designations on a country-pair basis
world; typically, only one airline from each country was by another MS. An MS was not obliged to accept the
allowed to ly on a particular route, with the capacity designation of more than one air carrier on a route by
ofered by each bilateral partner restricted, revenues the other MSs unless certain conditions, which were to
pooled, fares approved by the partners, and designated become less restrictive over time, were satisied. he
airlines substantially state-owned and enjoying state decision also made a limited attempt to open up the
aid. Domestic air markets were also tightly controlled. market to ifth freedom competition.
he charter market, largely catering for holiday traic he 1989 Second Package involved more deregula-
from northern Europe to southern destinations, rep- tion. From the beginning of 1993, a system of double
resented about 50 per cent of the revenue seat miles disapproval was accepted. Only if both MSs refused
within the EU and was less strictly regulated, but such to sanction a fare application could an airline be pre-
services seldom met the needs of business travellers. cluded from ofering it to its passengers, and the system
A change in the policy climate began in 1979, when of setting limits on the division of traic between the
the Commission put forward general ideas for regula- bilateral partners disappeared in a phased manner.
tory reform (CEU 1984a) following the ECJ decision. MSs also endorsed the principle that governments
he Council subsequently decided that the best way could not discriminate against airlines provided they
to regain control was to agree to introduce deregula- met safety criteria. In terms of ownership rules, in the
tion, but of a kind and at a pace of its own choosing past, an airline had to be substantially owned by an
– hence the 1987 First Package. he basic philosophy EU MS before it could ly from that country, but the
was that deregulation would be phased, with work- Council abolished this rule over a two-year period. Air
able competition being the objective. A regulation was cargo services were liberalized so that a carrier operat-
adopted that covered interstate operations, enabling ing from its home MS to another MS could take cargo
the Commission to apply the anti-trust rules directly to into a third MS or ly from one MS to another and then
airline operations. Certain technical agreements were to its home state. Cabotage between two freestanding
left untouched. he Council also adopted a directive MSs was not liberalized.
(see Chapters 2 and 4) designed to provide airlines
with greater pricing freedom. While airlines could col-
lude, the hope was that they would increasingly act 16.4 The Single European Market effect
individually. MSs’ authorities approved applications
for airfare changes. While conditions were laid down he creation of the Single European Market (SEM;
that reduced national authorities’ room for manoeuvre see Chapters 2 and 7) in 1992 and subsequent moves
in rejecting changes in airfares, they could still reject towards greater political integration have brought
them, but if there was disagreement, the disagreeing important changes to the CTP and related policies
party lost the right of veto under arbitration. (Button 1992). Broadly, the 1987 SEA stimulated a con-
In 1987 the Council adopted a decision that pro- certed efort to remove institutional barriers to free
vided for a deviation from the traditional air services trade in transport services. At about the same time,
agreement that set a 50/50 split on traic between two eforts at further political integration led to major
Transport policy 249
new initiatives to provide an integrated EU transport of creating a common economic framework of supply,
infrastructure – for example, TENs (CEU 1989b). hese although even here issues concerning such matters as
strategic networks are aimed at facilitating higher levels maximum weight limits for trucks have tended to be
of social and political integration at the national and fudged. Economic controls lingered in countries with
regional levels, as well as having purely economic less eicient road haulage industries, which sought to
objectives. he broad basis of EU transport policy was shelter themselves from the more competitive leets of
established in the Commission’s White Paper on he countries such as the Netherlands and the UK.
Future Development of the Common Transport Policy he SEM initiative, later inluenced by the potential
(CEU 1992b). his sets as a guiding principle the need of new trade with the post-Communist Eastern and
to balance an efective transport system with a com- Central European countries (CEECs; see Button 1993),
mitment to the protection of the environment. he resulted in signiicant reforms to economic regulation.
environmental theme was also expanded (CEU 1992a). From the industrial perspective, road freight transport
his is set in the context of defending the needs and ofers the lexibility that is required by modern, just-
interests of individual citizens as consumers, transport in-time production management, but from the social
users and people living and working in areas of trans- perspective it can be environmentally intrusive, and, in
port activity. the absence of appropriate infrastructure pricing, it can
Even if these efects were not present, questions contribute to excessive congestion costs.
arose at the time regarding the ability of regulators he long-standing bilateral arrangements for inter-
to serve the public interest with the information they national licensing of road haulage had led to high levels
had. he development of economic theories involving of economic ineiciency; not only did they impose an
such concepts as contestable markets (where potential absolute constraint on the number of movements, but
competition could be as efective as actual competi- also cabotage was not permitted and combinations of
tion in blunting the power of monopoly suppliers), bilateral licences permitting trucks to make complex
were central to several EU initiatives. here was also a international movements were diicult to obtain, lead-
switch away from concern about problems of optimal ing to a lot of empty running. he system also added to
scale and monopoly power that had been the intel- delays for document checks at borders. Besides leading
lectual justiication for state ownership and regulation, to the gradual phasing out of bilateral controls and
to attempts at seeking to create conditions favourable the phasing in of cabotage rights, the 1992 initiative
to X- and dynamic eiciency. his was largely, but not also led to considerable reductions in cross-border
exclusively, a concern with reducing costs, replacing documentation.
that of containing consumer exploitation. In particular, Passenger road transport policy has largely been
there was mounting concern that the costs of regulated left to individual MSs, although in the late 1990s the
transport were having macroeconomic implications for Commission began to advocate the development of a
inlation and EU growth. Transport was neither being citizens’ network and more rational road-charging pol-
provided with services at minimum costs for the tech- icies (notably systems of congestion pricing). Perhaps
nology they were using, nor moving forward to adopt the greatest progress has been made regarding social
lower-cost technologies. he approaches to attaining regulations on such matters as the adoption of catalytic
this varied by sectors. converters in eforts to limit the environmental intru-
sion of motor vehicles. It has taken time to develop
a common policy regarding public transport, despite
16.4.1 Road transport
eforts in the 1970s to facilitate easier cross-border
Road transport is the dominant mode of both freight coach and bus operations.
and passenger transport in the EU. Since 1970, the
total EU freight tonnage has increased 2.5 times, and
16.4.2 Railways
the share of this going by road has risen from 48 to 74
per cent. he initial eforts to develop a CTP regarding Rail transport, while largely illing a niche market
road transport proved problematic, as we have seen. in many countries, is an important freight mode in
Technical matters were more easily solved than those much of continental Europe and provides important
250 Kenneth Button
passenger services along several major corridors. At eforts to harmonize the development of high-speed
the local level, it serves as a key mode for commuter rail has not been entirely successful and there are sig-
traic in larger cities. he earlier phase had initially niicant technical diferences – for example, between
sought to remove deliberate distortions to the market the French and German systems. Indeed, both coun-
that favoured national carriers, but from the late 1960s tries actively market their technologies as superior
and 1970s had shifted to the rationalization of the sub- (Viegas and Blum 1993).
sidized networks through more efective and transpar- he diiculties that still remain with rail transport
ent cost accountancy. However, the exact incidence of are the technical variations in its infrastructure and
subsidies still often remained uncertain. he EU has the working practices of individual MSs that are only
also instigated measures aimed at allowing the trains of slowly being coordinated. Some MSs, such as the
one MS to use the track of another, with charges based Netherlands, Sweden and the UK, have pursued the
on economic costs. he aim of the EU directive 91/440 broad EU liberalization philosophy and gone beyond
was to develop truly EU networks, but open-access the minimal requirements of the CTP, but in others
rules did not explicitly apply to the new high-speed rail rigidities remain and the rail network still largely lacks
lines, such as the French and Belgian Lignes à Grande the integration required for full economies of scope,
Vitesse and the German Neubaustrecken networks. he density and market presence to be reaped.
implementation of the open-access strategy has been
slow and has had limited impact (Vickerman 1997).
16.4.3 Inland waterway transport
he EU has traditionally found it diicult to devise
practical and economically sound common pricing Inland waterway transport was already an issue in
principles to apply to transport infrastructure, despite the early EU days. his is mainly because it is a pri-
the proposals of the Oort Report (Oort and Maaskant mary concern of two founder MSs, Germany and the
1976). With regard to railways, the gist of the overall Netherlands, which in 1992 accounted for 73.1 per
proposals is for short-run marginal costs (which are to cent of EU traic. Belgium and France also had some
include environmental and congestion costs, as well as interest in this mode of transport. Progress in formu-
wear on the infrastructure) to be recovered. Long-run lating a policy has tended to be slow, in part because
elements of cost are only to be recovered in narrowly of historical agreements covering navigation on the
deined circumstances and only in relation to pas- Rhine – for example, the Mannheim Convention – but
senger services. his clearly has implications, espe- mainly because the major economic concern has been
cially on the freight side, if genuine, full, cost-based that of overcapacity, which in 1998 was estimated at
competition is to be permitted with other transport between 20 and 40 per cent at the prevailing freight
modes. Rail transport has also received considerable rates. Retraction of supply is almost always diicult to
support from the Commission as an integral part of manage, both because few MSs are willing to pursue
making greater use of integrated, multi-modal trans- a contraction policy in isolation and because of the
port systems – essentially, the use of containers. Such resistance of barge owners and labour.
systems would largely rely on rail (including piggyback As in other areas of transport, the EU had begun
systems and kangaroo trains) or waterborne modes for seeking technical standardization and principles for
trunk haulage, with road transport used as the feeder social harmonization from 1975 (CEU 1975, 1979b),
mode. his is seen as environmentally desirable and as but economic concerns took over in the 1990s. In 1990
contributing to containing rising levels of road traic the EC initiated the adoption of a system of subsidies
congestion in the EU. designed to stimulate scrappage of vessels. Subsequent
he success of some of the French TGV services, measures only permitted the introduction of new
and especially that between Paris and Lyons, where vessels into the inland leet on a replacement basis.
full cost recovery has been attained, has led to a sig- Labour subsidies operated in Belgium, France (the rota
niicant interest in this mode. In 1990 the Commission system that provides minimum wages for bargemen)
set up a high-level working group to help push forward and the Netherlands have also been cut back in stages.
a common approach to high-speed railway develop- hey were removed entirely in 2000.
ment. A master plan for 2010 was produced. he EU’s hese measures were coupled with an initiative
Transport policy 251
in 1995 to coordinate investment in inland water- a genuine capacity deiciency or relects inappropriate
way infrastructure (the Trans-European Waterway port pricing charges that do not contain congestion
Network), designed to encourage, for environmental cost elements is debatable. he Commission has pro-
reasons, the greater use of waterborne transport. More duced further proposals for coordinating investment
recently, in European Transport Policy for 2010: Time to in port facilities (CEU 1997d). In 2001 the Commission
Decide (CEU 2001e), the Commission has emphasised launched an initiative to improve the quality of services
its Marco Polo programme on integrating inland water- ofered by ports. his involves tightening access stand-
ways transport with rail and maritime transport for the ards for pilotage, cargo handling, and so on, and making
movement of bulk consignments within an intermodal more transparent the rules of procedure at ports, with
chain. the particular aim of bringing ports more fully into an
integrated transport structure (CEU 2001e).
that provides free access to USA/European Common privatization or corporatization of airports, follow-
Aviation Area (ECAA) routes across the Atlantic, but ing on from the UK in 1987, where the major air-
precluded cabotage on either side of the ocean, and ports were privatized as the British Airport Authority.
limited ‘foreign’ ownership of airlines. A second phase Access to airport take-of and landing slots has also
was agreed in 2010. been modiied by a series of measures initiated in
Early analysis of EU airline regulatory reforms by the 1993 to allow easier access by non-incumbent car-
UK Civil Aviation Authority (1993) and the Commission riers. he aim has been to introduce incentives for
indicated that the reforms of the 1990s produced more eicient management and open new channels
greater competition on both EU domestic routes and for inance (Button 2010a). he Chicago Convention
international routes within the EU. he Commission, in of 1994 gave individual nations responsibility for the
examining the impact of the hird Package, found that air space above their territories, and, as a result, the
the number of routes lown within the EU rose from EU has a plethora of diferent national air navigation
490 to 520 between 1993 and 1995, that 30 per cent of providers, each with its own technologies and operat-
the EU’s routes were served by two operators and 6 per ing arrangements. he notion of a European Single
cent by three or more, that eighty new airlines have Sky is that air traic control should be reorganized
been created and only sixty have disappeared, that to reduce the excessive fragmentation of the current
fares have fallen on routes where there are at least three system, to update the technology used and to be oper-
operators, and that overall, when allowance is made ated under common ECAA rules. he initial aim was
for charter operations, between 90 and 95 per cent of to begin working to achieve this in 2004 (CEU 2001e),
passengers on intra-EU routes are travelling at reduced but progress has been slow, with continuing important
fares, albeit with signiicant variations in the patterns of diferences in the ways that national air traic con-
fares charged across routes. Much of the new competi- trol systems perform (EUROCONTROL Performance
tion was on domestic routes, where those routes oper- Review Commission 2010). In 2008 a new schedule for
ated by two or more carriers rose from 65 in January implementation was drawn up.
1963 to 114 in January 1996. A subsequent study (BAE Air transport globally contributes about 3 per cent of
Systems 2000) found that while promotional fares fell climate change gas emissions. A problem with devel-
between 1992 and 2000, there were rises in business oping a policy to handle any external costs of this is that
and economy fares in nominal terms, with regional dif- much of the air traic in EU air space involves foreign
ferences in the patterns of fare changes. airlines; also, EU-owned aircraft can refuel outside of
he conditions after 11 September 2001 have led to the EU when engaged in transcontinental lights. In
more volatility in the market that extends beyond the 2008 the EU initiated a carbon trading scheme whereby
demise of Sabena and Swissair in 2002. In terms of the airlines must reduce CO2 emissions by 10 per cent
scheduled market, from September 2001 to May 2002, when they join the EU’s carbon cap-and-trade scheme
seventeen airlines withdrew and there were fourteen in 2012; 85 per cent of emissions allowances will be
start-ups. In the French market the number of air- allocated to airlines for free, with 15 per cent to be
lines fell from a peak of twenty-six in 1996 to twelve auctioned of. he policy has met with opposition from
at the end of 2000, and to six by mid-2002. here were non-EU countries, and the USA has warned that it
also signiicant turnovers in Greece and Sweden. he could take legal action in the World Trade Organization
traditional, full-cost lag carriers have been forced to if the EU goes ahead.
restructure their operations as new, low-cost carriers;
while the traditional EU airlines carried 325.7 mil-
lion passengers in total in 2009, the low-cost carriers 16.5 The 2004 and 2007 enlargements
Ryanair, easyJet and Air Berlin moved 48.7 million, 45.2
million and 21.6 million respectively within the EU. he 2004 and 2007 enlargements of the EU have
Some of the more signiicant recent EU air transport impacted on the demands placed on the existing trans-
policy initiatives have involved both intra-European port systems of established MSs and those of the new
air transport infrastructure coordination (Button member states (NMSs). Change has perhaps been less
2007) and the environment. his has involved the dramatic than some had feared, partly because trade
Transport policy 253
had already expanded considerably between the acces- leaves the situation in limbo regarding these policy
sion of NMSs in 2004–7 and the EU15 over preceding areas in many ields, including that of transport.
eras. NMSs had also considerably reformed their eco- • Economic. In 2002 the Commission raised the issue
nomic structures – important for inluencing what is of the need for a more sophisticated common iscal
transported and where – and their transport systems policy within the EU, or at least that part of it in the
prior to joining the EU. Nevertheless, the diiculties to Eurozone. he recent global economic recession,
be overcome have not been trivial and challenges con- beginning in 2007, has led to further concerns about
tinue, especially since enlargement comes as part of a the lack of a common iscal framework. Economists
wider set of developments: have long understood that a common currency
requires a common iscal policy as a concomi-
• Geographic. Enlargement has had implications for tant (see Chapters 10–12,15 and 19). A common
the economics of the operation of long-haul trans- policy would involve the centre having responsibil-
port, as well as necessitating investment in infra- ity for iscal transfers above those now controlled
structure. It has opened up new markets for trade, by Brussels. While the exact amount of control
and with this have come new demands for transport is debated, and depends on the extent to which
services internal to all MSs as well as between them. the centre considers distribution as well as macro-
What the enlargement has not done is to create a economic stabilization as part of its function, it may
‘natural’ geographic market for transport services. well be considerable. his would take away much
he spatial distribution of economic activities, for national autonomy over major infrastructure works
example, still does not have the structure of the US and inluence short-term public expenditure pat-
market. here, the locations of centres of popula- terns. he rejection of the Constitutional Treaty, at
tion and economic activities at the corners and in least in the short term, has made it more diicult to
the centre of the country results in eiciency ben- develop an EU-wide framework of any substance.
eits from long-haul carriage and hub-and-spoke • Security. he attacks on the USA’s national ediices
structures. In the EU economic activity is dichoto- in 2001, and subsequent terrorist attacks in EU
mously distributed and enlargement has, at least countries such as Spain and the UK, have led to
in the short term, added to the central/peripheral increasing concerns over the security of the trans-
nature of the EU; the addition of further island port networks in the EU. Individual MSs have devel-
economies such as Cyprus and Malta adds to this oped their own strategies, but EU-wide actions have
phenomenon. he USA’s transport market has also also been important, at the sectors level, but also
evolved gradually, but in an integrated manner, under the common security and defence policy.
whereas there were quite distinct diferences in the he EU has also been active with multilateral agen-
way the transport networks of Western Europe and cies such as the UN (CEU 2004j). he associated
the former Soviet Union evolved, with limited con- measures have an impact on the cost of supply of
nectivity between them. transport services, and, because of the standard
• Legal. he Constitutional Convention sought to nature of many of the regulations, inspections and
develop a longer-term basis for the EU (see Chapter other measures hit the newer, lower-income MSs
2). Issues concerning the nature of central legal the hardest.
responsibilities and the degree of local national
autonomy inevitably arose, and enlargement adds In the context of the former Soviet states, the situation
to such challenges. One of the outcomes of adopt- has not been one of combining two static blocks, but
ing the Constitutional Treaty would have been a rather of bringing together two units that started from
more structured way of shaping the wider legal diferent places and were moving forward at diferent
framework within which macroeconomic policies speeds. he nature of the economies of the transi-
regarding transport could be formulated. It would tion states, and their relationships to the EU changed
also have inluenced the external policies of the EU considerably after 1989. European agreements had
– important for transport in a world of global econo- fostered trade and provided various forms of aid (see
mies and global trade. he failure to ratify the treaty Chapter 25). he EU, and some MSs unilaterally, had
254 Kenneth Button
been involved in improving the communications sys- transport, with the increasing deployment of a post-
tems within transition states. he EU Agenda 2000 Panamax2 leet exploiting scale economies and mount-
(CEU 1997b) had identiied some 19,000 kilometres of ing pressure for more hub-and-spoke operations and
road, 21,000 of rail and 4,000 of inland waterway, forty leet rationalization. Nevertheless, given the environ-
airports, twenty seaports and ifty-eight inland ports mental advantages of waterborne transport, the EU is
as key links for transport networks. With the exception fostering its use.
of Bulgaria, all NMSs experienced increases in their NMSs have not generated suicient resources to
euro trade between 1989 and 1999, and their indus- enhance their networks in line with anticipated
trial structures were gradually changing in the light demands resulting from membership. he EU has
of domestic reforms, exposure to international mar- provided some resources to supplement those of the
kets and access to more extensive sources of inance. new entrants – pre-accession sums of €520 million
Nevertheless, there were numerous ways in which per annum (see Chapters 19 and 22). But these are
their transport systems difered from those in the EU. relatively small. Loan inance has been suggested and
he former Soviet bloc countries are largely distant discussed in European Transport Policy for 2010: Time
from the EU core, meaning that railways become a to Decide (CEU 2001e). Essentially, the loans would
potentially viable mode for long-distance freight move- be inanced from user charges. A diiculty is that this
ments. Indeed, the physical area of an enlarged EU is not the way that transport infrastructure has tra-
ofers the prospect of haul lengths comparable with ditionally been inanced elsewhere in the EU. he
the USA’s, where deregulated railways have at least majority of networks have been constructed from non-
been maintaining their market share. However, the rail dedicated general taxation revenues and direct sub-
networks that currently carry 40 per cent of freight by sidies. Measures to make transport users more aware
tonne-kilometre within former Soviet bloc economies of their costs have been discussed, and limited eforts
were largely based on dated technologies and were not to introduce them made in the EU15, but the situation
designed to meet transport demands for movements is still not one of a user-pays-principle along the lines
to/from the EU (Suchorzewski 2003). hey were also suggested for NMSs.
excessively labour-intensive and often served as job Enlargement has inevitably been accompanied by
creators rather than transport suppliers. a transition period, and transport has been included
Car ownership is considerably lower in most NMSs within this. his may be seen as relecting the time
than in the established EU, although this is changing. needed for NMSs to adjust their transport systems, if
While several of the national car markets within the not completely, at least largely to the needs of an inte-
EU15 are reaching maturity, markets are expanding grated, EU-wide, single market. In practice, this seems
rapidly in most NMSs, putting strains on their urban to be much less of a physical problem than one of psy-
infrastructure and posing mounting environmental chology. here have already been major shifts in the
problems. Smaller MSs, and some regions within the way in which goods are transported in NMSs, as new
larger MSs, now ind themselves subjected to signii- entrepreneurial talent has come on to the scene, in par-
cant transit traic lows. his raises issues of infrastruc- ticular in the trucking sector. here has also been some
ture capacity and environmental degradation, but also consolidation in rail networks, albeit still not large by
raises matters of charging and pricing – a subject the the scale of the likely cuts required.
EU itself has been singularly poor at addressing. Many he EU’s 2001 White Paper on transport policy ofers
NMSs also joined with poorly maintained transport a potpourri of ideas on what the future may look like
networks, ill-suited to the needs of modern, just-in- for the larger NMSs and the transition economies in
time production and the increasing availability of road particular. he concern is very much to make use of the
infrastructure links to the major markets in Western ‘extensive, dense network and of signiicant know-how’
Europe. in these countries to rebalance the transport modes
NMSs with maritime access and inland waterways in the EU – in other words, to maintain the modal
make considerable use of them, with about 40 per share of the railways in NMSs and have 35 per cent of
cent of tonnage moved by water. Enlargement, how- freight moved by rail. Interim assessments (for exam-
ever, comes at a time of technical change in maritime ple, CEU 2006r), however, indicated that progress had
Transport policy 255
been slower than had been hoped for. Congestion broad agreement that transparency and market-based
continues to be a major problem for many parts of the systems aford an eicient way to meet EU transport
EU’s transport network, and eforts to reduce it, outside needs. While there has been much wasted time and
of a few cities acting independently of any EU initiative, efort, and signiicant economic, social and political
have produced no positive results. his is despite the costs are inevitably associated with this, the current
manifest and transparent positive results in places like phase of transport policy formulation can be seen as
London, Stockholm and Valetta that appropriate eco- one of the important recent successes of the EU.
nomic pricing ofers a tractable remedy. Infrastructure
remains deicient in many places and eforts to improve
it have not been entirely successful. he money avail- Summary
able from the Commission for the TENS 2004 revised
programme of seventy-ive projects, initially budgeted • Transport is a major EU industry, facilitating trade
at €21 billion, for example, was reduced to €7 billion. and personal mobility, as well as being a large
Equally, the goal for achieving environmentally cleaner employer of labour, consumer of energy and crea-
transport has only partially been fulilled. Much of the tor of infrastructure. MSs have traditionally focused
diiculty in these areas lies in the political unwilling- on domestic networks, often paying scant atten-
ness of the EU to consider applying the most elemen- tion to international transport gateways or corridors
tary economic principles to what are largely economic within the continent, and, for military reasons, even
problems. he power of coalitions of vested interests, consciously limiting cross-border movements.
both in the public and the private sectors, has partially • he importance of having some form of CTP as an
stymied policy initiatives. integral part of EU economic and political integra-
tion goes back to the ECSC in 1951. he develop-
ment of such a policy has been slow, spasmodic
16.6 Conclusion and incomplete. National interests, geography,
established institutions, new technologies, avail-
Papers written in the early 1990s were extremely pes- able infrastructure and changing demand patterns
simistic about the prospects for any viable transport have hindered progress. While a CTP was one of the
policy being initiated within the EU. hat transport was two major common policies in the EEC Treaty of
important was seldom questioned, but prior attempts Rome in 1957, little of substance happened for three
to do anything other than tinker with the prevailing, decades.
largely national driven, transport policies had proved • he EU’s focus on transport policy has shifted with
disappointing. Early eforts in the 1960s to draw up time. he ECSC was concerned with the eiciency
what essentially amounted to a master plan or blue- of freight railways because of its importance in the
print policy had failed. he problems of continued EU carriage of bulk commodities, but after the EEC
enlargement, coupled with fresh, often radical thinking Treaty, trucking became the main concern because
on how transport as a sector should be treated, seemed of its role as a mover of manufactures; air transport
to pose almost insurmountable problems for policy- grew in relevance as globalization increased from
makers in the 1970s and 1980s. hese problems were the 1990s; and more recently attention has turned
not helped by mounting concerns over physical and to less environmentally intrusive transport and to
institutional bottlenecks in the EU’s transport system fuel eiciency. With these shifts in modal priorities
that were manifestly an impediment to any radical shift have come accompanying changes in the types of
towards a more rapid phase of economic integration. policy areas given priority, with, in broad terms,
At the time of writing the picture is entirely diferent. concerns about subsidies and economic pricing of
Certainly, many issues remain to be resolved (CEU operations shifting to matters of market access and
2006r), such as the initiation of more rational pricing economic regulation, and then to challenges in the
for most modes, but by and large transport inadequa- provision and pricing of infrastructure, and recently
cies are no longer seen as a major threat to further eco- to more socially oriented subjects.
nomic and political integration within the EU. here is • he major movement forward in EU transport policy
256 Kenneth Button
came with the creation of the SEM in the 1990s FU RTH ER REA DING
that allowed free supply of transport services across
Banister, D., Stead, D., Steen, P., Akerman, J., Dreborg,
the borders of MSs, and the subsequent support
K., Nijkamp, P. and Schleicher-Tappeser, R. (2000)
of the development of Trans-European Networks European Transport Policy and Sustainable Mobility,
that have begun to provide the infrastructure to Spon, London.
physically allow more intra-EU transport. he more Button, K. J. (2000) ‘Transport in the European Union’,
recent trends in policy have included, irst, taking in J. B. Polak and A. Heertje (eds.) Analytical Trans-
more account of the social and environmental port Economics: An International Perspective, Edward
implications of transport in such things as pricing, Elgar, Cheltenham.
regulation and investments, and second, begin- (2005) ‘he European market for airline transportation
ning to develop policies to improve the eiciency and multimodalism’, in European Conference of Min-
isters of Transport, Airports as Multinational Inter-
of extra-EU transport by giving the Commission
change Nodes, ECMT, Paris.
powers to negotiate with non-MSs.
(2010) Transport Economics, 3rd edn, Edward Elgar, Chel-
tenham.
Chlomoudis, C. I. and Pallis, A. A. (2002) European Union
Questions and essay topics Port Policy: he Movement Towards a Long-Term
Strategy, Edward Elgar, Cheltenham.
1. What factors initially limited the development of an Eno Transportation Foundation/European Commission
EU CTP? (2002) Intermodal Freight Transport in Europe and
2. What were the main gains to the EU’s economy due the United States, Eno Foundation, Washington D.C.
to the freeing up of the internal transport market Leinbach, T. R. and Capineri, C. (eds.) (2007) Globalized
after the initiation of the SEM? Freight Transport: Intermodality, E-Commerce, Logis-
tics, and Sustainability, Edward Elgar, Cheltenham.
3. Why did the EU pursue a phased approach to airline
Lepori, C. (2010) Sustainable Intermodal Freight Transport
liberalization, as opposed to the USA’s ‘big bang
in Europe: Motorways of the Sea Services and Inno-
approach’?
vative Railway, AP Lambert Academic Publishing,
4. How have the various EU enlargements stimulated Saarbrücken.
reforms in transport policy and how have they sty- Ross, J. (1998) Linking Europe: Transport Policies and Poli-
mied them? tics in the European Union, Praeger, Westport, Conn.
5. What are the Trans-European Networks?
6. What are low-cost airlines and why are they
important? NO TES
7. Put the case against the Commission getting 1 Now the International Transport Forum.
involved in the detailed pricing of transport services. 2 Panamax and New Panamax are widely used terms
8. Why was it so problematic for the irst 30 years after referring to the size of ships passing through the Panama
the signing of the Treaty of Rome in 1957 to develop canal.
a CTP?
9. How should the EU approach developing an extra-
European transport policy?
Energy policy and energy markets
17 S T E P H E N M AR T I N A N D AL I EL - A G RAA
17.1 Introduction (CEP) of any sort, let alone one relecting the ideals of
the treaties, have proved to be of only limited success.
Energy has been central to the European Union (EU) MS governments have grudgingly left energy sectors to
ever since its inception: witness the creation of the the marketplace when energy markets seemed to be
European Coal and Steel Community (ECSC) in working well. When they sufered disorienting shocks
1951, and the European Atomic Energy Community – all too often – they intervened directly, or tried to do
(Euratom) in 1957. he details of these treaties (and so. hroughout, the Commission has been true to its
their rationales) are covered in Chapter 2, but their sig- vocation, seeking to lay the foundations for a single EU
niicance for energy policy is clear enough. he ECSC energy market. he results have been mixed in terms
relected the dominance of coal in the energy balance of coping with periodic crises, and have impeded the
of member states (as well as its role in the steel indus- development of an efective CEP.
try): by tackling coal, most European Community (EC) his chapter considers the EU’s role in energy policy,
energy supply and demand issues were addressed. notes past attempts to create a CEP, assesses the fac-
Euratom sought to foster cooperation in the develop- tors behind their failure and examines why the EU has
ment of civil nuclear power, then perceived as the been more successful of late in inluencing national
main source of future energy requirements (Lucas policies. After discussing the situations in the diferent
1977). Moreover, in principle, both were geared EU energy markets, current policy proposals and their
towards the creation of free and integrated markets in context are reviewed. Finally, some of the diiculties
these sectors: the ECSC, being a common market (CM; the Commission faces in developing a credible CEP,
see Chapter 1), sought to abolish all barriers to trade and prospects for the future, are assessed.
between the Member States (MSs), while controlling
subsidies and cartel-like behaviour among produc-
ers, and Euratom aspired to do likewise for nuclear 17.2 The golden years (mostly)
products.
A CM for other energy sectors was addressed in the In the immediate aftermath of the Second World War,
EEC Treaty. While the EEC was oriented towards more Europe faced shortages and rationing of food and fuel.
or less competitively structured sectors, it also applied he most pressing concern was to jump-start produc-
to the more oligopolistic or monopolistic sectors, such tion. he idea that European coal would go into secular
as oil, gas and electricity. Accordingly, in addition to decline would have been inconceivable in the late
being subject to the EEC Treaty’s general provisions on 1940s. Yet that is what happened. European produc-
opening up markets, these energy industries’ special tion took of in the 1950s, as shown in Figure 17.1,
characteristics were covered by the Treaty’s provisions and energy consumption went along with it. But the
on state enterprises and their conduct (see Chapter 13). energy that was consumed was generated from crude
he gap between intentions expressed in the trea- oil, which was cheaper and cleaner than coal. Most of
ties and the outcomes, however, has been a large one that crude oil came from the Middle East.
for energy – more so than for most other parts of the From the 1950s onwards, the Commission or its
economy. he attempts by the European Commission equivalents sought irst to develop a policy for coal and
(Commission) to develop a common energy policy then for energy more broadly (El-Agraa and Hu 1984).
257
258 Stephen Martin and Ali El-Agraa
Gross domestic and 1960s (such as in the wake of the Suez crisis), gov-
% product
300 Total primary energy ernments were keen to retain their autonomy.
supply (TPES) he merger of the Communities in 1965 saw the
Energy production Commission renew its eforts to develop a CEP. In its
Energy
Net imports
consumption First Guidelines Towards an EC Energy Policy (CEU
1968b), the Commission noted continuing barriers to
200
trade in energy, stressed the need for a common energy
market and proposed three broad objectives: a plan for
the sector involving data collection and forecasting as a
means of inluencing members’ investment strategies;
100 Coal
measures to bring about a common energy market
consumption (tackling issues such as tax harmonization, techni-
cal barriers and state monopolies); and measures to
ensure security of supply at lowest cost.
he proposals proved diicult to put into practice,
Year
partly because of the scale of objectives and contra-
55
57
59
61
63
65
67
69
71
73
75
Figure 17.1 Indices of EC6 GDP, primary energy mainly because of the resistance of MSs. Even though
consumption and coal consumption, 1953–1979 (1953 = the Council approved the strategy, it ignored most of
100) Source: CEU 1977b (Table 1) the Commission’s subsequent attempts to enact the
proposals. he principal measures adopted in the wake
of the Commission’s proposals concerned oil stocks
On coal, the High Authority of the ECSC was unable to (following OECD initiatives) and some requirements
impose the spirit of the treaty on national industries. for energy investment notiication. hese actions owed
It was mainly involved in tackling the crises which more to growing concern about security of supply than
beset the European coal industry from the mid-1950s to the creation of a common energy market, and pres-
onwards (Lindberg and Scheingold 1970), crises trig- aged a wider shift in MS perceptions of the priorities of
gered by the decline shown in Figure 17.1. energy policy.
In the sphere of energy generally, initial eforts were
made as the negotiations for the EEC were progressing.
he Messina conference recommended that the poten- 17.3 Oil shocks and afterwards
tial for coordinated energy policy be considered, but
the Spaak Committee determined that this would not he golden age of cheap oil and well-functioning
be necessary (von Geusau 1975). energy markets came to an end with the oil shocks of
Following the establishment of the new Communi- 1973 and 1979. hese shocks triggered downturns in
ties, there was a renewed attempt to develop a CEP. worldwide economic activity.
An inter-executive committee on energy formed in Energy demand responds to price changes, but with
1959 sought to develop a policy focusing on the crea- a lag, relecting the time needed to develop energy-
tion of a common energy market. he main concerns eicient production techniques and install the physical
of the committee were the efect of energy prices on capital required to put those techniques into efect. EU
industrial competitiveness, and, to a lesser extent, the energy use became more eicient after the oil crises of
security of energy supply (Political and Economic Plan- the 1970s. hirty years later, the EU economy consumes
ning 1963). However, governments largely rejected the less primary energy and less oil per unit of gross domes-
committee’s attempts to gain access to energy policy. tic product (GDP). Electricity consumption per unit of
Instead, they exercised benign neglect towards the GDP, much of it generated using natural gas, levelled
energy sector. his inertia on energy policy relected of in the mid-1980s.1 At the same time, reliance on
the largely untroubled energy markets of the period. imported energy fell from the mid-1970s to the mid-
Yet when there was concern over supply in the 1950s 1980s. In the early twenty-irst century there has been
Energy policy and energy markets 259
a gradual decline in production of primary energy, and in general the goals appeared to be on target, in some
a gradual increase in energy imports (Eurostat 2010f, cases they relected a degree of failure either across
p. 10). the EC or in certain member states, and subsequent
In the midst of the irst oil shock, the EC attempted rounds adopted rather less ambitious agendas (CEU
a crisis management role, but failed even to provide 1984b, 1988d). he objectives approach later reap-
a united front vis-à-vis OAPEC over an oil embargo of peared as part of the EU energy strategy (CEU 1996m).
the Netherlands (Daintith and Hancher 1986). MSs By the mid-1980s, therefore, the Commission had
pursued their own policies or worked through the succeeded in establishing a place in energy policy-
International Energy Agency (IEA). Formed in 1974, the making, but it was far from being central to MSs’ energy
IEA overshadowed the EC, both in breadth of member- policy agendas, let alone suiciently inluential to dic-
ship (covering all OECD countries except France) and tate the development of a common energy market.
in terms of its powers on oil sharing in a new crisis (van Instead, its role consisted of information gathering,
der Linde and Lefeber 1988). target setting and enabling activities (the latter had a
Even so, the shock of oil price increases prompted substantial budget for energy R&D and promotion).
the reassessment of energy policies by MSs and the While these measures ensured that the Commission
Commission. he Commission attempted to develop a had an inluence on policy, they were not without
more strategic approach to the management of energy problems – some of the objectives showed few signs of
supply and demand. he ‘New Strategy’ (Bulletin of the achievement, while aspects of the Commission’s fund-
European Communities, Supplement 4/1974), which ing strategies were also open to criticism (Cruickshank
was only agreed after much wrangling and dilution and Walker 1981). Moreover, aside from a few leg-
(a proposal for a European energy agency was aban- islative measures, the Commission’s policy had few
doned after MS opposition; see Lucas 1977), envisaged teeth. he locus of power remained with national gov-
a number of targets to be met by 1985. hese included ernments, which generally chose to follow their own
the reduction of oil imports, the development of energy policies, resisting too strong a Commission
domestic energy capabilities (notably nuclear power) role.
and the rational use of energy. he policy, while only
indicative, mobilized resources for R&D and promo-
tional programmes on energy, covering conventional 17.4 Demand and supply: the status quo
and nuclear technologies, but also (albeit to a limited
extent) renewables and energy-eiciency technologies. Table 17.1 gives a breakdown of primary energy sources
he new strategy was the basis for a handful of direc- for the EU27 for the year 2008. Oil remains the leading
tives designed to restrict the use of oil and gas. source of EU energy, and by far the largest part of that
he New Strategy clearly entailed a shift in emphasis. oil is imported.
he goal of a common energy market was demoted, he trend in energy use is upward (International
although it was alluded to in areas such as pricing poli- Energy Agency 2008, p. II.27). his trend is expected to
cies and some measures directed at the oil sector (see continue. Commission projections are that EU energy
page 262). Overall, policy was concerned with changing consumption in 2020 will be 22 per cent greater than
the structure of energy balances rather than the struc- EU energy consumption in 1990 (Council 2001, p. 46). It
ture of energy markets. he condition of energy mar- is also expected that oil and gas will continue to supply
kets (notably after the second oil shock) and concern the lion’s share of EU energy needs (see Table 17.2).
over energy prices and security in the early 1980s were he share of natural gas is expected to rise.
such that the policy was sustained into the decade. he share of imported energy in overall EU energy
Further rounds of energy policy objectives were agreed use is expected to rise from the current near 50 per
in 1979 (to be met by 1990) and 1986 (for 1995). he cent to 70 per cent (EU15; see Table 17.2). he antici-
1995 objectives included a number of ‘horizontal’ pated increasing share of oil imports relects in part
ones, aimed at more general energy policy concerns, the decline in output of North Sea oil, which peaked in
such as its relationship with other EC policies. Each 1999. he rate of decline has been slowed by techno-
round sought to build on the previous one. Although logical advance, but will continue.
260 Stephen Martin and Ali El-Agraa
Table 17.1 Composition of primary energy supply (millions of tonnes of oil equivalent), EU27, 2008
17.5 Current energy policy agenda: Table 17.2 Projected oil and gas consumption,
sustainability, security, competitiveness share of imported energy in EU energy consumption,
1998–2030
he Commission’s 2007 An Energy Policy for Europe
Projected share Projected
(CEU 2007a) paved the way for the 2009 hird Energy
of oil and gas in import
Package. It highlights the three facets of EU energy
total EU energy dependence
policy: sustainability, security of supplies and competi- consumption (%) (%)
tiveness.
EU EU EU30
1998 64 61 49 36
17.5.1 Sustainability 2010 66 63 54 42
he Commission’s interest in environmental issues is 2020 66 65 62 51
2030 67 66 71 60
not new. he formal EC commitment to environmen-
tal policy dates from early 1972, when, in the wake of Source: CEU 2001h, p. 67
the Stockholm conference, the Council agreed a pro-
gramme of action. Some measures on environmental
problems predated even this initiative (Haigh 1989). the acid rain debate, when the German government,
While the Commission’s concerns on the environment forced to introduce major controls on domestic emis-
are very wide-ranging (see Chapter 18), covering issues sions from industrial and electricity plants, pressed for
such as chemical waste, water quality and noise pollu- similar controls in all MSs (Boehmer-Christiansen and
tion, the consequences of energy choices are a major Skea 1990). hese were agreed in 1988, setting targets
part of the policy. for emission reduction into the next century.
he importance of EC environmental policy for the he emergence of the environment has given the
energy sector has paralleled the ascent of the issue up Commission a higher proile in energy matters and
the political agenda in an increasing number of MSs, another, more robust, lever on energy policy (Owens
particularly as the Greens have become a political and Hope 1989). he importance of the issue to energy
force. In those cases where governments have been policy was demonstrated in the 1995 objectives, where
obliged to introduce new controls on pollution, they environmental concerns were identiied as a major
have sought to have them accepted across the EC so consideration in policy. he status of environmental
as not to lose competitiveness. he best example was issues overall was conirmed in the Single European Act
Energy policy and energy markets 261
(SEA; see Chapter 2), where it was given its own provi- advantages of and the controversy surrounding the
sions (allowing it to enforce decisions on a majority generation of electricity from nuclear reactions. Here
vote). he Single European Market (SEM; see Chapter the decision is left at MS level; the Commission sees
7) proposals also identify the need for high standards its role as ensuring ‘the most advanced framework
of environmental protection in the EC, and this has for nuclear energy in those [MSs] that choose nuclear
impacted on the internal energy market debate. power, meeting the highest standards of safety, security
Integrating environment and energy has not been and non-proliferation’ (COM (2007) 1 inal, p. 18).
easy for the Commission; a document on the issue was
apparently the focus for considerable dispute within
17.5.2 Security
the Commission because of the diferent perspectives
of the Directorates for Energy and for the Environment he security situations regarding crude oil and natural
(CEU 1989c). However, the issue that has brought gas supplies are diferent. he market for crude oil is
the environment to the centre of Community energy a world market. Before 1973 it was a large-numbers
policy-making and exposed the tensions between the oligopoly, the most important operators on the supply
two policies most starkly has been the greenhouse side being the Seven Sisters.3 he rise of OPEC, itself a
efect. large-numbers oligopoly, cut the vertically integrated
he Commission has sought to coordinate a common majors loose from their crude supplies. he majors’
European response to the threat of global warming. In distribution networks remained valuable assets, and oil
1991, with the exception of the UK, MSs agreed to stabi- provinces outside OPEC proved only too willing to hire
lize emissions of CO2 by the year 2000. In the following the majors to develop their own oilields. he majors
year it produced proposals for decreasing emissions of thus integrated backwards, by ownership or contact,
greenhouse gases, particularly CO2 (CEU 1992c). hese into production, and developed new oil supplies.
comprised four elements: programmes to encourage As the shares of output and proven reserves outside
the development of renewable energy sources (which OPEC control rose, OPEC members learned the hard
have zero or very low carbon dioxide emissions) and of lesson that a business’s most important asset is its
energy eiciency, a monitoring system, and a carbon- customers. OPEC national oil companies integrated
energy tax to discourage the use of fossil fuels. forwards into reining and distribution. he world oil
he Commission’s 2007 Energy Policy (CEU 2007a) market continues to be a large-numbers oligopoly, and
proposes an EU goal of a 20 per cent reduction of the numbers are larger than they were in 1973.
greenhouse gases, from the 1990 level, by 2020. he Table 17.3 shows regional data on production and
EU’s ‘cap and trade’ emissions control system, which proven reserves of crude oil for the year 2008. Table 17.4
limits aggregate emissions and allows covered emitters (page 263) shows similar data for natural gas. he ig-
to trade allowances within the limit, is central to plans ures for proven reserves should be interpreted with cau-
to achieve this goal. Another element is the 2006 Energy tion, for at least three reasons. he irst is that reported
Eiciency Action Plan, which seeks to promote eicient igures for proven reserves in the Middle East are widely
energy use in transportation, buildings, and the gen- believed to be understated. he second is that not all
eration, distribution and use of electricity. In recogni- proven reserves are created equal: what one would
tion of the value of market incentives, part of the Action really like, for each region, are not igures for total
Plan is ‘ensuring that the true costs of transport are supply, but rather a kind of cumulative marginal cost
faced by consumers’ (COM (2007) 1 inal, p. 13). curve: how much could be extracted at a cost less than x
he Commission reairmed the objective of increas- per barrel (per million BTUs, in the case of natural gas),
ing reliance on renewable energy, setting the ambitious how much at a price of x + 1 per barrel, and so on. he
goal of a 20 per cent share of renewables in EU energy third, related to the second, is that the march of tech-
use by 2020. It acknowledged that previous eforts had nological progress continually expands the amount of
fallen short of their goal, which it attributed to the rela- crude oil and natural gas that it is proitable to extract
tively high cost of renewable energy and the absence of from known oilields. Even if no new ields are devel-
a stable, long-term EU policy framework. It pledged to oped, proven reserves next year are not proven reserves
reduce reliance on fossil fuels.2 It noted both the cost today minus production during the year. Proven
262 Stephen Martin and Ali El-Agraa
Table 17.3 World proven production, crude oil reserves, by region, 2008
reserves next year are proven reserves today, minus control it enjoyed in the 1970s. he efects of induced
production during the year, plus the additional deposits entry are also long-lasting. Given the high ratio of
that it becomes proitable to produce from known oil- ixed to marginal cost in developing oilields, and the
ields as extraction technology improves.4 fact that ixed investments are also largely sunk,5 once
By luck of geology, most of the world’s crude oil higher-average-cost oilields come on line they tend to
reserves are located in the Middle East. All evidence is produce as long as price remains above a level of mar-
that these deposits are much less costly to extract than ginal cost that is far lower than average cost.
oil deposits located elsewhere in the world. hus, from Table 17.3, North America’s share of
Production of crude oil is much less geographically world oil production in 2008 was 4.4 times its share of
concentrated than are proven reserves. Middle Eastern proven oil reserves. Western Europe’s share of world oil
producers, more generally OPEC member states production in 2008 was 5.1 times its share of proven oil
(members), could easily supply most of the world’s oil reserves. It would be easy, and simplistic, to conclude
– at a lower price than they would like. By attempting that, at 2008 production rates, Western Europe will
to restrict their own output, OPEC members (through have completely exhausted its oil supplies in about
their national oil companies) set two forces in motion. ten years, and North America in about eleven years,
First, OPEC as a group creates incentives for each at which point OPEC will have those regions over a
individual OPEC member, acting in its own immedi- barrel, so to speak. Long before physical supplies are
ate interest, to produce more than its OPEC quota exhausted in the old oil provinces of North America
output. Indeed, OPEC members consistently produce and Western Europe – indeed, long before the world
more than they have agreed to produce. he interests price of crude oil would make it proitable to exhaust
of the various OPEC members, not only those in the those supplies – new oil provinces will come online.
Middle East and those located elsewhere, but also Supplies from those provinces will be available in
those located in the Middle East taken as a group, are North America and Western Europe, not out of good
simply too diverse to expect most OPEC members to will, but because international trade based on com-
pay more than lip service to agreed output levels. parative advantage is mutually beneicial.
Second, to the extent that OPEC succeeds in raising Neither OPEC nor the core of Middle Eastern OPEC
the price of crude oil, it makes it economical to exploit members were able to stop the rise in the spot market
deposits that would otherwise remain in the ground for price of crude oil to above $131 per barrel at the end
decades. his second efect works with long lags, and it of June 2008, or its fall to under $35 per barrel at the
is to those lags that OPEC owed the momentary market start of January 2009.6 Oil-producing states take such
Energy policy and energy markets 263
Table 17.4 World proven natural gas reserves and marketed production, by region, 2008
greater complementarity among the diferent supply carbon-based power generation efectively internal-
and demand proiles of MSs. he beneits would stem ized some costs that had hitherto been ignored or
from a mixture of cost-reducing competition and the treated as external in energy-sector planning. In some
achievement of scale economies in a number of indus- EU MSs, public irms had been directed to alter busi-
tries. Taken together these would more than recover ness behaviour in order to meet policy goals (hold
the 0.5 per cent of EC GDP that the Commission down rates to ight inlation; maintain coal-ired gen-
claimed was the ‘cost of non-Europe’ in the energy erators to support the coal sector), with the efect
sector (although, as noted, energy was not part of the of raising costs and, directly or indirectly, imposing
original SEM debate, nor of the ‘cost of non-Europe’ burdens on the national budget. While the UK under
exercise that assessed the beneits of the SEM; see Margaret hatcher led the way (Newbery 1999a, pp.
Cecchini 1988; Emerson et al. 1988; and Chapter 7). 6–24), the SEA of 1986 (see Chapter 2) inevitably called
According to the Commission, the obstacles to an the position of energy-sector MS monopolists into
IEM were to be found in the structures and practices question. Further, the macroeconomic constraints
of the energy industries. hese ranged from diferent adopted by MSs in connection with the introduction
taxation and inancial regimes to restrictive measures of the euro created incentives to balance energy-sector
that protected energy industries in particular countries, operating accounts and get them of government
and conditions that prevented full coordination of sup- budgets.10
plies at the most eicient level (the latter applying to he supply-side structures of all industries are
the gas and electricity industries). However, as the shaped by the technologies they employ. However, the
Commission admitted, the efects of particular prac- impact of the laws of nature on the organization of the
tices were diicult to assess given the special nature electricity industry is distinctive, and only slightly less
of the energy industries. Indeed, in certain cases, the so on the natural gas industry.
Commission appeared hesitant over the extent of an he electricity supply chain can be broken down
IEM. Nonetheless, the document demonstrated that into generation, transmission, distribution and retail-
the Commission was committed to implementing an ing (Jamasb and Pollitt 2005, p. 12; Green 2006, p.
IEM and would examine all barriers to its development. 2533). Transmission takes place over a grid. Electricity
It has followed up that commitment with measures to cannot be stored in a cost-efective way, and the elec-
implement the White Paper proposals (on taxation and trons delivered to the grid by one generator are indis-
procurement) and to apply EC law to the sector. tinguishable from those delivered by any other. he
he historical choice for the organization of elec- physical task of grid management is a daunting one
tricity and natural gas supply has been the vertically (Green 2001, p. 330):
integrated, often publicly owned, regional monopolist,
Power lows from generators to consumers cannot be
with the regional monopoly covering part or all of the
directed, but will be distributed along every line in the
MS concerned. Vertical integration was justiied, if it
network, according to physical laws. If too much power
was not simply regarded as the obvious choice, on the attempts to pass along a given line, or through a par-
grounds that transmission was a natural monopoly ticular transformer, that component of the network will
(more on this below), and that, particularly in the case fail. Following a failure in the network, the power lows
of electricity, the precise coordination between supply will instantaneously redistribute themselves across the
and demand required to make the system work made remaining circuits. If any of these are now overloaded,
integration the only practical option. they in turn will fail. Millions of consumers can be
he consensus behind the public irm/public util- blacked out in seconds. To minimize the risk of this, the
ity model unravelled in the 1980s.9 One contributing grid controllers must run the system in such a way that
factor was the oil shocks of the early and late 1970s, power lows will be within safe limits, not just given the
present state of the network, but if any link in it suddenly
which rendered invalid the projected increases in
fails. his implies leaving a margin of spare capacity on
demand on which energy-sector capacity plans had
every part of the network.
been based. Nuclear power also turned out to be more
expensive than anticipated. Heightened public aware- To these physical challenges are added economic
ness of the environmental implications of nuclear and challenges. To achieve good economic performance,
266 Stephen Martin and Ali El-Agraa
lower-cost generators should be used before higher- access to transmission facilities, under which genera-
cost generators. he price received by generators tors and retail distributors would work out contracts
should relect the marginal cost of production, to give directly and the generator would negotiate the rate
proper signals about the nature of maintenance and to be paid for use of the grid with the grid manager.
new capital investment needed for the future. At the At the insistence of France, an insistence that was
same time, price must cover the average cost of sup- widely interpreted as relecting a reluctance to expose
pliers eicient enough to stay in business over the long Électricité de France to competition, the irst Electricity
run. Further, the prices paid by inal consumers should Directive12 included the single buyer (SB) model for
relect the marginal cost of production, to give proper managing grid access. he SB model left consumers
signals about the scarcity of electricity relative to other free to turn to independent suppliers, but delivery had
energy sources and about the overall cost of energy, to pass over the SB grid (Whitwill 2000).
and thereby to encourage eicient consumption of In the event, SB was not adopted in its pure form
energy. by any MS. Most MSs opted for regulated third-party
hese considerations suggest that transmission access. Germany chose negotiated third-party access.
should be treated as a natural monopoly. In markets Italy and Portugal chose a combination of regulated
of reasonable size – and this includes both the EU third-party access and the SB model.13
and larger EU MSs – electric power generation is not a Article 19 of the Electricity Directive included a
natural monopoly. Technological progress has made detailed speciication of the pace of liberalization. It
it possible to organize distribution in ways that permit also included a reciprocity clause: MSs could block
rivalry, if not perfect competition in the classroom access to their market of irms from other MSs that had
sense. he critical element in the introduction of an liberalized to a lesser degree (Pelkmans 2001, p. 445,
element of rivalry to distribution is the organization of footnote omitted):
access to the transmission grid, which is an essential
facility standing between generation and distribution. he political background of this provision is the monop-
Much the same role is played by the pipeline grid in the oly of Electricité de France (EdF), a fully integrated
company, also fully state-owned . . . he reciprocity
market for natural gas.
clause follows from the disparate progress in electricity
To promote competition where it was technically
liberalization among [MSs]: with a range of countries
feasible, and efective regulation where it was not fea-
going faster than . . . EU calendar . . . the fear was that
sible, the Commission issued draft directives for the some countries, but in particular France, would stick
completion of the internal market in electricity and to the minimum obligations, and otherwise exploit the
gas in 1992.11 he Commission sought ‘to introduce many loopholes in the 1996 directives.
competition in the generation of electricity, the possi-
bility to construct transmission and distribution lines he reciprocity clause did not have the desired efect
(and the right to hook these up to the network) and of ensuring that market opening went forward at a
third-party access to the network. hese three meas- comparable rate across MSs. EdF made acquisitions in
ures efectively eliminate the exclusive rights which eleven other EU MSs, two of the EU candidate countries
currently exist in each of these areas’ (Argyris 1993, and in South America (CEU 2001c, p. 75), while the
p. 34). French market remained essentially closed to genera-
he question of access to transmission facilities tors located in other MSs.
proved to be a thorny one. he Commission irst pro- he Commission returned to the charge in 2003, with
posed a system of regulated third-party access, under the second Electricity14 and Gas15 Directives, which
which generators and retail distributors could use the seek ‘to achieve, by July 2007 at the latest: (i) unbun-
grid to carry out contracts, subject to capacity con- dling of transmission system operators (TSOs) and
straints, at public and regulated rates. he idea of distribution system operators (DSOs) from the rest of
regulated third-party access was criticized by indus- the industry, (ii) free entry to generation, (iii) monitor-
try groups (Argyris 1993, p. 39) and in the European ing of supply competition, (iv) full market opening, (v)
Parliament (Hancher 1997, p. 94). In later proposals the promotion of renewable sources, (vi) strengthening the
Commission added the option of negotiated third-party role of the regulator, and (vii) a single European market’
Energy policy and energy markets 267
(Jamasb and Pollitt 2005, p. 17). he Commission’s own E.ON to open up access to their gas transmission net-
assessment of progress toward the creation of internal work, as a way of closing investigations into possible
electricity and gas markets is glum: as of November abuse of a dominant position.19 To smooth the way,
2005 (CEU 2005i, p. 2), ‘electricity and gas markets one element of the hird Energy Package is the Agency
remain[ed] national in scope’.16 for the Cooperation of Energy Regulators, established
For the Commission, factors contributing to the slow by Regulation 713/2009,20 to facilitate interactions
pace of market integration included the lacklustre pace among MS regulatory bodies and monitor the conduct
at which MSs transposed the directives into national of transmission system operators.
law (CEU 2005i, p. 4) and (for electricity in particu-
lar) constraints on interconnection capacity across MS
17.5.4 Infrastructure investment
boundaries (CEU 2005i, p. 5). he Commission also
noted a trend of mergers and increasing horizontal he Commission has announced its intention to put
concentration of gas and electricity.17 forward an Energy Infrastructure Package (EIP) in
On the one hand, consolidation is to be expected as November 2010. he EIP will promote the goals of com-
market size increases and irms seek to take advantage pleting an IEM, guaranteeing energy supply security,
of economies of large-scale operation. Indeed, this is and ensuring compatibility of interconnected national
one source of gains from market integration – lower gas and electric grids, with the goal of increased reli-
average cost. But if concentration goes too far, more ance on renewable energy (Vinois 2010). To this end, it
eicient surviving irms may refrain from vigorous is expected that an EIP will be accompanied by inan-
competition (Green 2006, p. 2540): cial measures allowing for EU subsidies in the order of
€15 billion for infrastructure investment.
he pattern is clear – Europe’s larger electricity compa-
nies have been growing larger, acquiring footholds in
new markets. hese footholds could be used to compete
17.6 Conclusion
aggressively across Europe, but the relatively limited
number of really large companies, and the theory of
he EU will increasingly rely on sources of primary
multi-market contact, suggest a more worrying alter-
native, that the European electricity industry would energy located outside its borders. Eicient energy use,
become dominated by a few irms with little incentive to the development of alternative energy sources, and
compete. the geographic diversiication of sources of supply can
ensure long-run energy security. Strategic reserves are
A 2007 Commission Communication renews the call a way to insure against short-run disruptions of pri-
for integrated, interconnected and competitive energy mary energy supplies.
markets. It calls for unbundling either the ownership Market integration is a process that brings short-run
or the management of vertically integrated energy adjustment costs and promises long-run beneits. EU
companies, on the ground that ‘If a company con- energy-sector integration will bring greater eiciency
trols the management of networks as well as produc- and reduced costs for what is an essential input to
tion or sales, there is a serious risk of discrimination virtually all EU economic activity. he long-run ben-
and abuse. A vertically integrated company has little eits of energy-sector integration are immense. Political
interest in increasing the capacity of the network and pressures rooted in the short-run adjustment costs
thereby exposing itself to increased competition on the that come with market integration slow down the proc-
market and a consequent fall in prices.’18 ess. Commission proposals for energy integration date
he road to competitive energy markets will con- back to 1992; full freedom of choice of supplier came
tinue to be a rocky one. In July 2009 DG COMP, the into efect on 1 July 2007. he realization of the internal
administrator of EU competition policy, ined the energy market will come after that. he internal EU
French and German energy companies Gaz de France energy market is not yet complete; that it will be com-
and E.ON €1.1 billion over an agreement that neither pleted is not in doubt.
would compete in the other’s market. he Commission
later accepted commitments from Gaz de France and
268 Stephen Martin and Ali El-Agraa
• Energy has been central to the EU since its incep- 1. In the midst of the irst oil shock, the EC attempted
tion. his is attested to by the creation of the ECSC a crisis management role, but failed even to provide
in 1951, and Euratom in 1957. a united front vis-à-vis the OAPEC. Why was that?
• he ECSC relected the dominance of coal in the 2. By the mid-1980s, the Commission had succeeded
energy balance of MSs (as well as its role in the steel in establishing a place in energy policy-making,
industry). By tackling coal, most EC energy supply but it was far from being central to MSs’ energy
and demand issues were addressed. policy agendas, let alone being suiciently inluen-
• Euratom sought to foster cooperation in the devel- tial to dictate the development of a common energy
opment of civil nuclear power, then perceived as market. Can you explain why?
the main source of future energy requirements. 3. Given the diversity of energy supplies in the individ-
• Both the ECSC and Euratom were, in principle, ual EU MSs, would it not be more rational to let each
geared towards the creation of free and integrated devise its own ways for dealing with any problems
markets in the relevant sectors: the ECSC, being a in the sector?
CM, sought to abolish all barriers to trade between 4. ‘he Commission’s 2007 An Energy Policy for Europe
MSs, while controlling subsidies and cartel-like highlights the three facets of EU energy policy: sus-
behaviour among producers, and Euratom aspired tainability, security of supplies and competitive-
to do likewise for nuclear products. ness.’ Explain and discuss.
• Also, a CM for other energy sectors was addressed 5. Discuss the proposition that the EU’s attempts at
in the EEC Treaty. While the EEC was oriented creating a CEP are at best feasible.
towards more or less competitively structured sec-
tors, it also applied to the more oligopolistic or
monopolistic sectors, such as oil, gas and electric- FU RT H ER R EADIN G
ity. Accordingly, in addition to being subject to CEU (2007) An Energy Policy for Europe (http://europa.eu/
the EEC Treaty’s general provisions on opening up legislation_summaries/energy/european_energy_
markets, these energy industries’ special charac- policy/l27067_en.htm).
teristics were covered by the treaty’s provisions on
state enterprises and their conduct.
• he gap between the intentions expressed in the NO TES
treaties and the outcomes, however, has been a
1 International Energy Agency (2008, p. II.27). Here and
large one for energy – more so than for most other
below, IEA statistics are for European countries that
parts of the economy: are members of the OECD.
(a) he Commission’s attempts to develop a CEP 2 See also COM (2006) 843 inal: ‘Sustainable power
of any sort, let alone one relecting the ideals of generation from fossil fuels: aiming for near-zero emis-
the treaties, have proved to be of only limited sions from coal after 2020’.
success. 3 he Seven Sisters were ive USA-based irms (Exxon,
(b) MS governments have grudgingly left energy Gulf, Texaco, Mobil, Socal), plus British Petroleum
sectors to the marketplace when energy mar- and Royal Dutch/Shell; they are now consolidated
kets seemed to be working well. When they into four irms (ExxonMobil, Chevron-Texaco, BP and
Royal Dutch/Shell). Compagnie Française des Petroles
sufered disorienting shocks – all too often –
(later Total, and later still TotalFinaElf) was sometimes
they intervened directly, or tried to do so.
listed as an eighth ‘Seven Sister’.
(c) hroughout, the Commission has been true
4 hus Table 17.3 shows proven reserves outside OPEC
to its vocation, seeking to lay the foundations control in 2008 of 267,702 million barrels. In 1970
for a single EU energy market. he results have world proven reserves were 548,452 million barrels,
been mixed in terms of coping with periodic of which OPEC held 72.8 per cent; proven reserves
crises, and have impeded the development of outside OPEC control were 149,707 million barrels.
an efective CEP. Despite thirty-ive years of consumption, OPEC and
Energy policy and energy markets 269
non-OPEC nations have substantially more proven and Greece). he irst Gas Directive was EC Directive
reserves in 2008 than they acknowledged in 1970. 98/30 concerning common rules for the internal
Similarly, in 1970 there were 28,739 billion standard market in natural gas, OJ L 207 21 July 1998, adopted 22
cubic metres of proven gas reserves outside OPEC con- June 1998, with efect from 10 August 1998.
trol, versus 89,495 in 2008. 13 On the Italian case, see Valbonesi (1998).
5 Literally as well as inancially. 14 Directive 2003/54/EC of the European Parliament and
6 Likewise, the Russian irm Gazprom, which came to of the Council of 26 June 2003 concerning common
dominance in the supply of natural gas to Europe by rules for the internal market in electricity and repealing
contracting with Central European suppliers to buy Directive 96/92/EC OJ L 176, 15 July 2003, pp. 37–56.
natural gas at $340 per 1,000 cubic meters in 2009, 15 Directive 2003/55/EC of the European Parliament and
could not stop European prices from falling to $280 per of the Council of 26 June 2003 concerning common
1,000 cubic meters (Kramer 2009). rules for the internal market in natural gas and repeal-
7 he projected Nord Stream pipeline, which is to lie ing Directive 98/30/EC OJ L 176, 15 July 2003, pp.
under the Baltic Sea, will free Russian natural gas from 57–78.
the need to pass through Ukraine to reach the EU. 16 On the Italian case, see Valbonesi (1998).
8 he Economist, ‘United in the cause of undermining 17 For details of gas and electricity mergers, see Codognet
Russian pipeline monopolies’, 4 March 2010, internet et al. 2002; Green 2006.
edition. 18 Communication from the Commission to the European
9 See Doyle and Siner 1999, pp. 1–3; Newbery 1999a, Council and the European Parliament of 10 January
Chapter 1; Johnston 1999. 2007, ‘An energy policy for Europe’ COM(2007) 1 inal’
10 It is also fair to note that the one-of injections of cash (http://europa.eu/legislation_summaries/energy/
resulting from privatization were a welcome element european_energy_policy/l27067_en.htm).
to MS governments. 19 In February, April and May 2010 the Commission, in
11 CEC 1991d; Argyris 1993, p. 34. he Transit Directive closing abuse-of-dominance investigations, accepted
of 1990, Council Directive 90/547/EEC, 29 October commitments by the Italian energy irm ENI, by
1990, sought to promote the construction of electricity Électricité de France, and by the Swedish power grid
and gas networks linking MS networks, a matter that operator Svenska Kraftnat, respectively, to open up
remains on the front burner. their markets to competition.
12 EC Directive 96/92 concerning common rules for the 20 OJ L 211/1 14.8.2009. Companion regulations 714/2009
internal market in electricity, OJ L 27/20, 30 January and 715/2009 deal with access to electricity and natural
1997, adopted 19 December 1996, with efect from 19 gas networks, respectively.
February 1997 (and with delays for Belgium, Ireland
Environmental policy
18 IAN BAR NE S
18.1 Introduction asked across the EU27 said they thought that protecting
the environment was important to them (64 per cent
Concern about the state of the environment is not a new very important and 32 per cent fairly important). Also,
phenomenon. here have been attempts to address 78 per cent thought that environmental problems had
speciic problems for generations, many of which a direct efect on their daily life.
involved dealing with public health issues, such as the In this chapter the economic basis of EU environ-
need to improve the quality of the water system, but mental policy will be examined. Account will be taken
inevitably had an impact on the wider environment. of the EU’s very limited powers to operate the desired
Industrialization, population growth and the pace of economic levers directly and the fact that environ-
urbanization had inevitable consequences for the state mental policy is an area of shared competence. It
of the environment, with the health of populations suf- will analyse the case for Member State (MS) and EU
fering as a consequence. Neither of the two economic intervention in environmental issues and the way that
systems that emerged after the Second World War, the policy area has developed, in particular, the move-
communism and the free market, performed well in ment from the use of environmental rules as a tool to
terms of environmental protection. he emphasis in complete the internal market, to the attempt to create
the late 1940s and early 1950s was promoting recovery a comprehensive regime, involving global partners, to
and material progress. here was no speciic refer- deal with the perceived major threat of global warming.
ence to environmental protection in the EEC Treaty of
Rome. It was not until the inclusion of the environmen-
tal chapter in the Single European Act (SEA) in 1987 18.2 The nature of EU environmental
that the legal basis for an EU environmental policy was policy
fully established.1
he subsequent development of environmental Environmental protection is only one aspect of the
policy was substantial, spurred by the accession of EU’s actions to move towards the broader and more
Austria, Finland and Sweden in 1995, which saw the EU wide-ranging strategy to achieve the goals of sustain-
embrace three states with a high-level commitment to able development. he 1999 Treaty of Amsterdam
environmental protection. However, the enlargements provided an explicit reference to sustainable develop-
of 2004 and 2007 included ten Central and Eastern ment for the irst time (Council 1997d, Article 1.2).
European countries (CEECs) with signiicant environ- he 2001 European Council in Göteborg adopted the
mental problems. he scope and inluence of the EU EU’s irst Sustainable Development Strategy (SDS). An
has grown at the same time as recognition that more external dimension to this was added by the European
needs to be done to protect the environment. he Council in Barcelona in March 2002, in anticipation
public believes that protecting the environment is an of the World Summit on Sustainable Development in
important issue, and therefore action in this area is Johannesburg in September 2002. A revised strategy
likely to be popular and gain support for the EU. In a was adopted by the European Council in June 2005
special Eurobarometer (2008) poll, 96 per cent of those (European Council 2005a). As a consequence, the SDS
270
Environmental policy 271
commits the EU and its MSs to actions that will safe- 18.3 The rationale for intervention
guard the earth’s capacity to support life, ofering a
high level of environmental protection, and respect the At its outset the EU was based on the idea of promoting
limits of the planet’s natural resources. Other objec- economic activity, which almost invariably involves
tives included social inclusivity, with a healthy and just the use of resources and has an impact on the environ-
society running a competitive, eco-eicient economy ment. In the early EU years it was clear that the focus of
and meeting international commitments. he guiding action was the promotion of the wider market access
policy principles thus place human beings at the centre across Europe (indeed the organization was frequently
of policy, through promoting public awareness and the called the common market), without taking environ-
involvement of business and social partners in making mental impacts into account. Intervention was driven
sustainable choices. by the need to promote trade: the gains from increased
In an area as complex and difuse as the environ- cross-border trade leading to greater economic welfare,
ment, the promotion of policy coherence at the difer- relecting a neoclassical economist’s perspective for
ent levels of governance was considered as important concern with individual welfare. However, it became
as the policy integration. he core economic principles clear over time that unregulated markets do not deliver
on which the EU’s environmental policy is founded are: an acceptable level of environmental protection. At the
same time, the rationale for certain aspects of envi-
• the use of best available knowledge;1
ronmental policy goes beyond just the economic and
• the application of the precautionary principle,
pollution control and speciic remedies. It is concerned
which suggests that it is best to take action to deal
with conservation, the protection of habitats and issues
with potential environmental problems on the best
such as the maintenance of biodiversity.
available information, since it might well be too late
he unregulated market mechanism fails to take
if problems such as extreme climate change are left
account of the degradation of the environment caused
until the actual disaster arrives;
by the existence of public goods and externalities (spill-
• decoupling resource use from economic growth;
over efects; see Box 18.1). he basic feature of public
and
goods is that it is diicult to prevent additional users
• making the polluters pay for the damage they cause.
from exploiting them (non-excludability), and addi-
he Treaty of Lisbon (formally the Treaty of the tional users do not add to the cost (non-rivalness).
Functioning of the European Union, TFEU) irmly herefore many users are tempted to exploit the envi-
embeds sustainability into the treaties. he consoli- ronment without contributing to its maintenance.
dated Treaty on European Union (TEU) states that the Left to the free market, there is a tendency towards
EU ‘shall establish an internal market. It shall work overproduction of pollutants and an under-availability
for the sustainable development of Europe based of clean water. Even if environmental conditions are
on balanced economic growth and price stability, a often poor, additional users are often tempted to ‘free-
highly competitive social market economy, aiming at ride’, because refraining from doing so may simply add
full employment and social progress, and a high level to costs reducing competitiveness. Examples of this
of protection and improvement of the quality of the include pumping toxic gases into the atmosphere and
environment. It shall promote scientiic and techno- dumping waste into the sea.
logical advance’ (Article 3.3). Also, the TFEU stresses If we compare the marginal private cost2 (MPC) to
that sustainable development applies across the whole the marginal social cost3 (MSC) of production in a com-
range of EU policies (see Chapter 25): ‘Environmental petitive industry that causes pollution, we can see in
protection requirements must be integrated into the Figure 18.1 that the market equilibrium level of output
deinition and implementation of [EU] policies and and price level difers from the socially optimal level.
activities, in particular with a view to promoting sus- Left to the free market the price of goods (P1) is too
tainable development’ (Article 11). Environmental low and consumption is too high (Q2). When the cost
policy should therefore be seen in the context of a of environmental damage is included to take account
greater integration of EU policies within a wide spec- of environmental damage caused by producing the
trum of policy and mission. product, we can see that the price of the product should
272 Ian Barnes
MSC
Costs and beneits MB MC
Prices and costs
P2 MPC
P1
C1
D
0
Q1 Q2 A1 100%
Output Pollution abatement
Figure 18.1 Market versus social equilibrium Figure 18.2 he optimum level of pollution abatement
rise to P2 and output should decline to Q1. One way to toxic pollution, which has an immediate impact on
achieve a socially desirable level of output might be to life forms of all types, it is not normally desirable – that
impose a tax so that prices would relect the social as is, eicient – to remove all forms of pollution, simply
well as the private cost, so as to achieve the ideal level because it would be too expensive to do so relative to
of output. the beneits, especially as, in some cases, the environ-
While Figure 18.1 suggests that there is a problem of ment can cope with this. he earth’s biological systems,
the prices being paid by the consumer being too low, it its so-called carrying capacity, give it the ability to deal
is easy to see how there might be disagreement about with many of the challenges that man and nature throw
this by businesses who are driven by the proit motive, at it, although it is important to remember that this
and their workers who may fear that their jobs will be is not ininite and pollution can be harmful, even if it
sacriiced if social costs are fully included. is not dangerous. In Figure 18.2 the optimum level of
he total of individual business decisions is also pollution abatement is A1 and the cost to society is C1.
important when the impact of environmental damage his is where the marginal beneit (MB) of further pol-
is considered. While it is desirable to remove highly lution abatement is equal to the marginal cost (MC) of
Environmental policy 273
abatement. he marginal beneits will be the avoidance When we are looking at the problem of global warming,
of certain costs and nuisances such as health risks. for example, it is easy to dismiss the likely costs on the
he marginal costs include the provision of additional grounds that they are uncertain and may occur at some
treatment plants and other processes, which put a indeterminate time in the future. But global warming is
inancial burden on companies and the state. he mar- something on which we may need to take action now
ginal (additional) beneits decline as more pollution is if we are to prevent signiicant problems for the future.
abated, hence the downward slope of the line from left We are now in an era when many more countries
to right. Costs increase as the level of pollution declines have gone through the industrialization process and
towards zero, so in most cases it is not possible or nec- we have massive globalized enterprises. In many cases
essary to achieve 100 per cent abatement. If legislation the polluters may also have the backing of national
proposes that there is to be 100 per cent abatement, governments, but not the international community.
the cost may well be prohibitive and there could be a he failure of markets provides a rationale for collective
greater risk of signiicant non-compliance.4 action. Sometimes this can be organized by the state,
While individuals can act independently, they by national laws or interventions, but the reality is that
seldom have the power to counteract the activities of there is a high degree of interdependence across the
the polluters. In most cases individuals do not own the boundaries of states. Acid rain from UK power stations
environment, and it is lack of ownership that encour- has been thought to be the cause of dying forests in
ages free-riding. One way forward might be to regard Scandinavia and Germany. he savings made by pol-
the environment as property, in the same way as a luting the environment came to UK power plants, while
house or a car, but such an approach has its limitations. the cost of dealing with the problem fell on others.
he issue of property rights and their ownership is of Two speciic events demonstrated the problem of
course highly contentious. Polluters cause the damage the spread of pollution across borders. he irst was
– for example, pumping smoke into the environment the explosion on 27 April 1986 at the nuclear plant at
– because they feel that they are entitled to do so; Chernobyl, which is now in Ukraine. Not only was there
perhaps they have been behaving like this for genera- a huge amount of fallout in the immediate area, but
tions. At the same time, the victims of the poor quality the nuclear cloud spread across Europe, to places in
air may claim that they are entitled to have clean air. Scandinavia and even to Wales. Although the number
he market fails because both parties feel that they of immediate deaths was relatively small, there are still
have property rights, in which case it is up to the legal people dying today as a result of the longer-term efects
system to decide who actually owns them; however, by of exposure. A second example also comes from 1986,
default, rights otherwise lie with the polluter. Once this when, on 1 November, there was an explosion and ire
is established, either the polluter or the victim, depend- at the Sandoz Chemical plant in Basle, Switzerland. he
ing on who has the property rights, could pay to modify eforts to extinguish the ire resulted in huge quantities
the behaviour of the other. his is a variant of the Coase of toxic compounds being washed into the Rhine. hese
theorem (Coase 1960), which suggests that it may be pollutants did not kill humans, but killed of thousands
possible to bargain between the two parties to achieve of ish and water birds. Once the pollutants were in
a result. However, the idea of polluters being paid not the river, there was nothing to be done to prevent the
to pollute lies in the face of the environmentalist’s view disaster unfolding, but lessons were learnt about the
of the world. he general view of the EU is that it is the containment of pollution. he aftermath of both these
polluter who should pay in almost all circumstances disasters was that there was concerted action to pre-
(see Section 18.7, page 277). vent similar occurrences. Nuclear safety has remained
he property rights approach does not take into a priority, especially after the 2004 EU enlargement,
account the cost of environmental degradation on when Eastern European states joined with the older
future generations. Although it might seem reasonable nuclear plants of the Chernobyl type.5 In the case of
that each generation should attempt to leave the envi- the Sandoz accident, EU legislation put in place after
ronment in an improved state for future generations, the Seveso disaster in Italy (1976) was improved. he
the public tends to place a very high value on consum- objectives of the Seveso II Directive (Council 1996)
ing now and a very low value on beneits in the future. were to prevent major accidents involving dangerous
274 Ian Barnes
in 1990 to 96 per cent in 2009. he number of inland some industries may be able to take advantage of a lax
areas meeting the standard rose from 52 to 90 per cent enforcement regime.
in the same period. Without EU policy on the environment, it is easy to
see how it is possible to have a ‘race to the bottom’, with
companies facing severe international competition
18.6 The Single European Market and lobbying for lower standards. he argument is that gov-
environmental controls ernments might be under pressure to lower standards
to prevent irms moving to those places where stand-
As the EU has grown, so has the diversity of the organi- ards are lowest. Or, in the case of the public sector, the
zation, with some MSs taking the role of environmental cost of achieving the highest possible standards might
champions. Other states have yet to fully buy into be thought to be excessive. More costly environmental
the environmental agenda, and they feel that their schemes might not be embarked on, or there may even
economic development needs must come irst. At be a dismantling of existing commitments to envi-
the time of the 2004/2007 enlargements, there were ronmental protection in order to save money. While
around 200 pieces of legislation in the environmental lobbyists frequently make such proposals, the public
acquis; although some were in force from the point would generally prefer standards to be higher rather
of accession, there were many with derogations for than lower. Few places inside or outside the EU would
some new members lasting until 2017.6 Given that welcome the arrival of more polluting industry.
environmental policy is a shared competence, there At the other end of the spectrum there is a problem of
is considerable scope for a variation in approach to a ‘race for the top’. his is where higher environmental
environmental matters, which can lead to a distor- standards are demanded in one MS than are common
tion in trade within the Single European Market (SEM; throughout the EU. Higher standards should generally
see Chapters 2 and 7). Without intervention, these be welcomed, but they can impose unjustiiable costs
distortions in the market arise because of difering on others and may even be a source of protection-
taxation and subsidy regimes, although it should be ism because only national producers can compete. If
remembered that some states may have lower envi- standards are set too high, they can undermine others’
ronmental costs, which can be exploited when dealing sovereignty by enforcing compliance to unjustiiably
with national environmental issues. Now that the SEM high standards. In this case, the EU has tried to ensure
for energy is in place, the environmental costs should that there is lexibility, so that higher standards can
ideally be calculated on a common basis. he environ- be achieved, but not at a disproportionate cost. he
mental cost of producing electricity from wind power TFEU’s Article 114 allows MSs to upgrade existing leg-
is generally believed to be small, while the use of coal islative standards on the grounds of new scientiic
can create considerable environmental damage (CEU evidence or to address a speciic problem faced by that
2003k). In these circumstances, coal trades at a consid- MS. But the Commission must be informed and must
erable advantage because of the absence of a common approve of the revised standard, and must be sure that
system of environmental taxes. his is the reason why the new standard is not simply arbitrary discrimination
the introduction of a carbon tax, based on the actual and a disguised obstacle to SEM functioning.
level of pollution caused, is believed to be a priority by In practice, it is very diicult to stop all cases of envi-
the Commission. Similar arguments can also be made ronmental protectionism. An example of this was the
with respect to a whole range of dirty industries that Danish bottles case. In 1981 the Danish government
exist in some countries and not in others. introduced legislation concerning a deposit and return
he lack of standardization of environmental rules scheme for bottles used for beer and soft drinks, which
may lead to some MSs being in a situation where their meant that manufacturers had to package their goods
cleaner industries might be at a competitive disad- in approved reusable containers. In order to ensure
vantage, causing market distortion. Even where there that they were recyclable, prior approval of the con-
are common rules in place, there is a possibility of tainers had to be granted by the Danish Environmental
markets being distorted by diferent levels of enforce- Agency. he Commission requested that the legislation
ment. If EU rules are not applied on a common basis, be amended, because it made it diicult for drinks
Environmental policy 277
manufacturers to sell their products in that market. taken into account in deciding all production processes
his failed, so the case was referred to the European and the price being charged to the consumer. So prices
Court of Justice (ECJ 1998). he result was that the should take into account the full costs of production,
deposit and return scheme was approved by the ECJ and irms will deal with environmental problems in a
because the protection of the environment was con- more cost-efective way. he beneit of internalizing
sidered to be an essential EU objective and was there- environmental costs is that it may deter market failure
fore not a disproportionate response to a problem. In and lead to a situation where output is at a social opti-
contrast, the national approval of the containers was mum rather than just a market optimum.
struck down as being disproportionate and therefore Implementing PPP has proved to be diicult for a
unacceptable. he efect of the judgment was to permit number of reasons:
a barrier to trade, because Danish law still required that
• It is not always clear who the actual polluter is,
foreign manufacturers set up schemes to collect empty
especially in areas like agriculture, where pollutants
bottles. In many cases it would be diicult to do this
seep into the soil.
because of the small size of the market and, in some
• Sometimes pollution comes from a number of dif-
cases, manufacturers’ minimum presence. he need to
ferent sources – for example, greenhouse gases
enhance EU legislation in the area of waste and recy-
(GHGs).
cling led to the 1994 Packaging and Packaging Waste
• Some industries may be hit by the costs associated
Directive (Council 1994) being put into place to try to
with PPP and be unable to compete, especially
avoid some of the cross-border internal market issues.
where trading partners are not subject to charges.
• Industrial lobbyists are often very adept at reducing
the impacts of policies designed to make the pol-
18.7 The polluter pays principle luter pay.
• indirect taxation, to be applied depending on in the medium term, but if the quality and frequency
whether the production or use of a good is environ- of public transport is not improved, much of the public
mentally friendly or not; will feel cheated. In an era when budgets are under
• subsidies, to be used as incentives to improve envi- pressure, there is a temptation to maximize the rev-
ronmental performance, which can take the form enue for budgetary purposes and, wherever possible,
of direct payment, tax allowances or the provision save on the provision of alternative services.
of low-cost services (their use tends to be limited MSs’ power over iscal matters means that the EU
because subsidies run counter to PPP); needs to continue to try to persuade them to cede more
• inancial penalties, which are related to the enforce- of them to the EU. MSs are concerned with revenue
ment of environmental laws whereby a failure to raising and preserving their taxation rights, but they
comply can lead to a ine, ideally at least as high as could, of course, collect an agreed tax, so avoiding an
the beneits gained from damaging the environment; increase in the size of the EU’s budget (see Chapter
• creating artiicial markets by using tradable per- 19). he diferent economic structures across the EU
mits, which include the use of emission trading mean that the impact of taxes will vary, particularly in
schemes; and areas like employment. Improved eiciency as a result
• deposit schemes, which involve charging customers of taxation structures tends to beneit those MSs that
for items such as packaging, but then give a refund already have a lead in this area. hose MSs with well-
on their return in order to encourage recycling. developed ‘green technology’ are normally those with
the highest living standards.
Many businesses and legislators prefer regulation
because it ofers a more consistent approach to envi-
ronmental standards and, unlike most MBIs, irms do 18.9 The EU’s developing
not pay for remaining pollution emissions once they environmental perspective
meet the required standard. But MBIs are believed
to be more lexible and efective because they ofer When the EEC was launched in 1957, concerns about
an incentive to achieve improved environmental out- the state of the environment were heavily constrained
comes. MBIs can: by the need to complete the task of post-war reconstruc-
• take account of the fact that where diferent pollut- tion and to move the European economies onwards to
ers have diferent marginal costs of abatement, they greater prosperity.7 So the 1957–72 period was char-
can minimize the total cost of achieving the desired acterized by limited Community action with respect
reduction in abatement; to the environment, although MSs introduced their
• ofer an incentive to innovate such that both the own initiatives. Only nine directives and one regulation
production process and the environmental stand- were passed in the environment area. his legislation
ards are improved; was designed to deal with trade-related issues and
• allow choices to be made about the cost of interven- was driven by an economic imperative rather than an
tion and the environmental beneits that can be environmental one. In 1973 Directorate General (DG)
gained; 11 was created, which was responsible for the environ-
• avoid excessive government interference into the ment and nuclear safety. his was originally known
business of private companies; as the environment and consumer protection service
• avoid many of the burdens of environmental pro- and it had only twenty permanent oicials. It is now
tection falling on the public purse; and many times larger, relecting EU enlargements and the
• present governments with a way of raising money. growing importance of the policy area. Paradoxically,
the chain of command has become somewhat more
Of course, measures that are presented as being moti- complex in the new millennium, with the creation of a
vated by the desire to protect the environment may high-proile DG for climate action as part of the second
be nothing more than a means of raising government Barroso Commission. his means that three DGs are
revenue. Raising excise duties on petroleum can be an involved in dealing with important aspects of the policy
incentive to develop and buy more fuel-eicient cars agenda: DG Environment, DG Energy and DG Climate
Environmental policy 279
Action. he three DGs must also work with other parts included the principle of shared competence for envi-
of the Commission, such as DG Taxation, to create a ronmental policies between MSs and authorities within
common environmental agenda. them and the EU. he issue of not allowing national
he public’s thirst for economic development at environmental policies to distort markets was also a
any price began to wane in the late 1960s. here was concern of the programme and of earlier directives.
increasing concern that long-term environmental he Fifth EAP (1993–2002), named ‘Towards
damage was being done in the name of progress, not Sustainability’, was designed to be a longer-term strat-
only within the Community but also internationally, in egy and relected increased concern about sustainable
countries like Sweden and the USA. It was recognized development. he Brundtland deinition (WCED 1987)
that economic growth could not be an aim in itself and of sustainable development was used in this EAP – that
that there needed to be measures to improve the qual- is, that development should meet the needs of today,
ity of life. here was a concern especially that excessive without compromising the outlook of future genera-
use of pesticides in agriculture, for example, might tions. In practice, sustainable development proved
cause damage to human health. here was also an somewhat diicult to deine in a purely legalistic sense,
awareness that environmental damage might spread and the Fifth EAP is regarded as just the starting point
across national boundaries. of the process of tackling the problem. It was an attempt
he irst step towards creating a broader policy came to recognize that the EU had a greater responsibility
in 1972, with the First Environment Action Programme than just economic development.
(EAP) for 1973–6. his was the irst attempt at a strate- Importantly, the Fifth EAP sought to integrate an
gic approach to environmental action across the EU, environmental dimension into all major areas of
but in reality it only contained very limited environ- policy, relecting the reality that environmental issues
mental priorities for the next three years. he Second are both wide-ranging and multi-sectoral. Second, the
EAP (1977–81) continued in a similar vein, but it did command and control approach to the environment
emphasize preventative measures. he hird EAP was to be replaced with a philosophy of shared respon-
(1982–7) built on the success of the earlier programme. sibility between the actors, such as governments, the
It aimed to harmonize national environmental policies EU and business. his recognized the importance of a
to a greater extent. Importantly, the introduction of PPP more democratic approach to environmental issues,
(see page 277) was a feature of this programme, which where everyone sees it as their role to be involved
was an attempt to bring the market mechanism into in the improvement of the environment, rather than
play to encourage restricting industry in line with envi- just accepting passively instructions sent down from
ronmental objectives. (he OECD had already adopted above, as in the command and control approach. his
PPP as an agreed policy.) Other important features approach should have led to greater monitoring of
were that action should be taken at the most appro- environmental issues by the public, if, of course, they
priate level, prevention was better than a cure and, were adequately informed and felt interested in the
wherever possible, attempts should be made to restore issue. he strategy involved the use of legislation to set
environmental damage. minimum environmental standards and to meet inter-
he Fourth EAP (1987–92) was scheduled to run national obligations. A broader range of instruments
at the same time as the programme to complete the was to be introduced to encourage the meeting of these
SEM. It was recognized that the ability of national standards and environmentally friendly production. In
governments to contain environmental damage would particular, the use of inancial incentives – for example,
be limited by the removal of border controls and the the structural funds (see Chapters 19 and 22) – were
increasing extent of economic integration. So, for seen as a way of investing in environmental improve-
example, hazardous waste would be relatively free to ments, while the focus on economic instruments could
cross national borders, creating potential dangers even be used to ensure that the true cost of the use of the
for those countries that were not responsible for gen- environment was relected in the prices of goods.
erating the waste. At this time, the legal basis of the he Fifth EAP targeted sectors where there were
environmental action was also established with the particular environmental concerns. In the case of
adoption of a new treaty, the SEA in 1987. he EAP industry, it was considered that the need was to adopt
280 Ian Barnes
appropriate standards while avoiding the distortion of • health and quality of life; and
competition (see Chapter 13). For the energy sector, • natural resources and waste.
the focus was on promoting greater eiciency and
reducing the dependence on fossil fuels. he comple- he Sixth EAP aimed to modernize environmen-
tion of the SEM would place increased demands on tal policy-making by taking a broader approach. It
the transport sector, and there was therefore a need introduced ‘thematic strategies’, which built on the
for improved eiciency promoting public transport existing regulatory framework and focused on a more
(see Chapter 16). he intensity of agricultural pro- integrated approach and implementation issues. In
duction was an issue, along with the overdependence particular, taking into account the overspill efects of
on fertilizers and pesticides (see Chapter 20). Finally, adopting one policy initiative on other sectors was to
the accommodation of mass tourism was seen as a be part of the EU’s overall better regulation strategy
problem because of the issue of transportation, waste (CEU 2009e). his aimed at simplifying existing legisla-
disposal and over-utilization of tourism assets. he tion and cutting bureaucracy, as well as ensuring more
problem with this sectoral approach is that it lacked efective and eicient methods of the correct applica-
coherence and, in many cases, the EU had little control tion of EU law. he thematic strategies covered:
over the industries concerned. It was therefore diicult • air;
to achieve substantive results in some cases. • waste prevention and recycling;
he absence of a meaningful eco tax was the major • marine environment;
weakness of the Fifth EAP. Advocating the use of eco- • soil;
nomic instruments to promote environmental objec- • pesticides;
tives was a central plank of the EAP. But EU powers in • natural resources; and
the area of taxation are weak. MSs control this agenda • urban environment.
because unanimity was (is) required in the Council
(see Chapter 2), so that all that has been agreed is a he fact that the Sixth EAP avoided much of the detail
minimalistic harmonization of tax rates (see Chapter of its predecessors indicates that it has a more cautious
15). At the national level, taxes on petroleum products approach. As time goes on, the tendency towards over-
are one area where MSs have stimulated eiciency, ambition means that disappointment tends to creep in
even if the motoring public suspect that such measures as it is realized that targets will not be reached. his has
are primarily driven by the need to raise revenue. not stopped criticism of the Sixth EAP. In its mid-term
he Sixth EAP (2002–12) picked up many of the review of the Sixth EAP, the Commission (CEU 2007e)
ideas in past programmes, but of course the emphasis believed that there had only been limited progress
changed as diferent concerns moved up the policy towards integrating environmental concerns into other
agenda, in particular the concern over the issue of policy areas. Also, it thought that at that time, GHG
global warming (CEU 2001m). he problem for the emissions were increasing and the threat from the loss
Sixth EAP was that the proposals came at a time when of biodiversity had become more serious. Pollution
a major priority for the EU was the Lisbon growth and was still a major threat to public health and climate
jobs agenda (see Chapter 23). Although environmental change was one of the most pressing environmental
issues became part of the Lisbon agenda, they had to challenges. herefore the main task was to ensure that
compete for a place in the overall scheme of priorities. implementing and building on the Sixth EAP would be
Unlike previous EAPs, it did not propose new quan- at the centre of their work.
tiiable targets or related timetables. It represented Typically, a variety of other views were expressed; the
the environmental dimension of the EU’s SDS (see Union of Industrial and Employers’ Confederations of
page 270) and provided a link between the strategy Europe (UNICE; EurActiv 2007) wished to see a concen-
for growth and competitiveness and employment. he tration on implementing existing legislation rather than
strategy focused on four issues: bringing in new laws. UNICE’s main concern was with
the implementation gap, with more and more legislation
• climate change; being introduced without the existing legislation being
• nature and biodiversity; properly applied and evaluated. With better regulation
Environmental policy 281
period 2008–12. It is notable that the USA did not ratify front. It is therefore not surprising that the proposal did
the KP. he KP suggested that the targets should be not progress far at that time. Without the agreement of
carefully monitored and three types of MBI might be all concerned, the free-rider problem remained. Any
introduced: emissions trading (known as the carbon reduction by the EU or any of the other international
market); a clean development mechanism (CDM); and entities risked not being reciprocated.
joint implementation. he latter two schemes gave he aspiration to reduce GHGs by 30 per cent
carbon credits for projects in third countries which remained at the centre of the EU’s strategy post-
could be ofset against targets. hese schemes ofered Copenhagen (CEU 2010b) because the circumstances
lexible environmental and technological beneits for had changed. EU emissions of GHGs had been reduced
the participants. By the middle of 2010, eighty-four by 7–10 per cent below the 1990 levels during 2005–
states, plus the EU, had signed the KP. 8. Between 2008 and 2009 emissions were further
A further UN climate change conference (COP15)8 reduced by higher energy prices and the recession, so
was held in Copenhagen, during 7–9 December 2009. that in 2009 the EU was emitting 14 per cent less GHGs
Great things were hoped for from this gathering, as than in 1990. With economic recovery, high energy-
the Obama administration had committed the USA to using industries such as steel might be expected to
engaging in the process. here was an acceptance that reverse some of this reduction, indeed many renewable
something needed to be done to reduce the causes technologies such as wind turbines use a great deal of
of climate change. From an EU perspective, the out- high quality metals. Overall it was thought that the cost
come of the conference was a disappointment, because of meeting the original 20 per cent target by 2020 had
there was no binding agreement to cut emissions. Most probably fallen from €70 billion a year to €48 billion per
participants saw the problem from a purely national year. he reasons for the fall in the expected costs of
perspective. While the potential beneits of policies to meeting the 20 per cent target were:
reduce GHGs were clearly understood, many countries
• lower economic growth;
are happier to free-ride on the beneits of others’ policy
• higher oil prices; and
initiatives, rather than take action themselves which
• the expected low carbon price, due to allowances
might damage their economic performance. Others felt
not used in the recession being carried forward.
that there was little to be gained in any case, because
their individual eforts would be overwhelmed by the he additional cost to move forward to the 30 per cent
actions of others. reduction in GHGs was estimated to be €33 billion
COP15 came at a poor time for the EU. he TFEU per year, or 0.2 per cent of GDP. So the Commission
had only just been ratiied and the Commission was estimated that the total cost of a 30 per cent reduction
on an extended mandate, waiting for a new set of com- in GHGs would be €81 billion per year, or 0.54 per cent
missioners to be appointed. At the European Council of GDP. he beneits of better environmental condi-
in December 2008 (Council 2009a) there was con- tions if these targets could be met are clear, but the
irmation that the EU’s target would be a 20 per cent overall issue is still that of burden sharing. he cost of
reduction in GHGs from the 1990 levels by 2020; the achieving these targets will still fall disproportionately
EU’s strategy was also for a 20 per cent reduction in on the poorer MSs and there may be a lack of willing-
primary energy consumption, and a 20 per cent target ness of wealthier MSs to assume additional burdens if
for renewable energy sources in the energy mix by economic growth remains slow and it is diicult to bal-
2020. he EU’s aspiration was for a 30 per cent reduc- ance national budgets. Finally, without any meaningful
tion in GHGs if other industrialized countries, includ- global commitment to binding targets, the purpose of
ing the USA, would make comparable commitments such reductions is not clear.
at Copenhagen. A contribution to an enhanced target
was also expected from advanced developing countries
like China and India. However, within the EU there 18.11 The carbon tax
was a lack of agreement. he 30 per cent reduction in
GHGs implied a heavier burden on MSs at very difer- In 1990 the Council undertook to restrict carbon diox-
ent stages of development, so there was not a united ide (CO2) to 1990 levels by 2000. One of the main
Environmental policy 283
instruments in the EU’s armoury of weapons against MSs for the idea, notably the Nordic MSs who had a
excessive CO2 emissions was the 1992 proposal for a national carbon tax, the requirement for unanimity in
carbon tax (CEU 1992c). his is a levy on the energy the Council remains a major hurdle. It was suggested
sources that emit carbon based on their carbon content that the tax would cover motor fuel and energy for
(see Chapter 17). A carbon tax is a broadly based tax heating and would apply to households and sectors
that is designed to promote emission reductions and not covered by the ETS. Predictably, the car industry
would have been paid by almost all citizens who con- was quick to respond to the threat to raise the price
sumed petrol, heating oil and aviation fuel. Emissions of diesel, which is taxed less than petrol in some MSs.
trading, which we will look at later, is an initiative that Other industrial groups were also concerned that such
is restricted to the corporate sector. he beneit of a a proposal would impact on their overall competitive-
carbon tax is that it is predictable and can be simple ness. What might keep the issue on the political agenda
and quick to implement once it has been agreed to. he is the growing number of MSs thinking of raising their
revenue raised can either be used for general budget- own carbon taxes and the need to harmonize these ini-
ary purposes or be recycled back into environmental tiatives. Also, many MSs may see a national carbon tax
projects. In this sense it can be a revenue neutral tax, as a way of raising additional revenue, and so may be
because it taxes something that is bad for the environ- less concerned about tax neutrality issues.
ment and, potentially, the taxes on things that are good
for the environment can be reduced. his tax neutrality
is important because it can be seen as a way of retaining 18.12 The EU’s Emissions Trading System
the international competitiveness of the economy. he
existence of the tax is one way of encouraging greater he release of GHGs is a classic example of market
eiciency on a permanent basis, because the lower the failure associated with a public good, where the atmos-
carbon usage, the lower the total taxation bill. phere exhibits both non-rival and non-excludable
Carbon taxes are not generally well liked by the gen- features – that is, additional users of the atmosphere
eral public because they are taxes. For this reason they do not impact on fellow polluters and it is diicult
can become highly politicized, with decisions being to exclude polluters, unless speciic action is taken
delayed because of protests. hey can also be regressive, against them. he EU has attempted to control emis-
because they may place an increased burden on poorer sions by allowing polluters who own permits to ‘use’
households, who tend to spend a higher percentage of the environment, but at a price (Council 2003f). If they
their incomes on heating than the more aluent. do not have suicient permits to meet their needs,
he 1990 proposal for an EU carbon tax was not they must purchase them from other producers who
successful and was withdrawn by the Commission in have a surplus. Over time, the number of permits will
2001 because of the combined opposition of key MSs be reduced, forcing up their price, encouraging busi-
and industrial lobbyists. It is tempting to see this out- nesses to reduce their level of emissions. his so-called
come as demonstrating, once again, that the need for cap-and-trade system accepts that there will be pol-
unanimous agreement on taxation can frustrate iscal lution, but the extent of the damage must be reduced
innovation; however, there may not even have been by charging a price for the environment so that irms
a qualiied majority of states in favour of the initiative internalize a social cost within their pricing system,
because of a widespread view that raising taxes remains something that was regarded as free in the past. he
the business of MSs. By 2009 carbon taxes were being advantage of the EU Emissions Trading System (ETS)
discussed again and the new Commission, which came is that there is a market for permits which allows those
into oice in 2010, relaunched the idea of a minimum businesses that can reduce their emissions cheaply to
carbon tax in June 2010. his initiative illustrates the trade surplus permits to those who cannot. So heavy
complexity of the policy process, with Algirdas Šemeta, polluters must pay if they are less eicient or have
Commissioner for Taxation, leading the proposal, but less scope to reduce emissions. he idea behind the
with support from Connie Hedegaard, Commissioner scheme is to create a scarcity of permits, so that those
for Climate Action, and Janez Potočnik, Commissioner companies that reduce their emissions can sell them to
for Environment. While there was support from some others who do not ind it cost-efective to reduce their
284 Ian Barnes
pollution. In the longer term, even businesses that ind ‘business as usual’ (BAU; House of Commons 2007).
it expensive to reduce emissions may choose to invest But of course these projections are based on estimates
in improved technology. that build on past trends, but the counterfactual case
he permits to allow emissions can be: allocated for can only be speculative; indeed there may be a range
free; assigned on the basis of historical usage or techno- of potential outcomes. Overestimates for BAU have
logical benchmarking; or auctioned. he highest bid- the efect of exaggerating the success of the ETS and
ders should be businesses who ind it most diicult to increasing the initial level of credits. Also, the pur-
reduce their emissions. he problem of such schemes chase of carbon credits may not actually lead to carbon
comes in deciding who will have the permits in the reductions – for example, if the reduction would have
irst place. Many of the allocations tend to be based happened anyway, without being able to sell the credit
on historic pollution records, but records have tended onwards, or if a company was awarded credits for a
to be poor at an industry level, in part because the EU plant that was due to close. In this case, the money
has enlarged and its industrial structure has changed a received for the carbon credits would not be used to
great deal since the late 1980s. Issuing permits rewards fund a reduction, but would amount to buying ‘hot air’.
those businesses or industries that have performed In other cases, it has been possible for steel manufac-
worst in the past. In such circumstances, lobbyists have turers to import semi-inished steel from outside the
proved adept at defending industries that have often EU, which means that the reduced internal EU emis-
had a poor pollution record. Particularly in the period sions are not real, because the main industrial process
prior to the introduction of such schemes, there was an takes place elsewhere.
incentive to do little to improve emissions, because this Since the launch of the ETS there have been doubts
will take away the rewards of reducing emissions once about its efectiveness. he ETS is complex and dif-
the scheme is in operation. icult to understand in an operational context, leading
he UK ran a voluntary ETS during 2002–6 as a pilot to a degree of ineiciency. As the ETS has operated
prior to the mandatory EU scheme that is now in place. over time, there have been a number of cases of fraud,
Participants were allowed a discount from the Climate involving as much as €5 billion. his fraud undermines
Change Levy if they made reductions while participat- the ETS’s integrity and suggests that more needs to be
ing in the scheme. At that time carbon trading was done to make the operation of the ETS transparent.
something of a novelty, and it allowed for some of the he ETS has been criticized for being too generous,
practical lessons of operating such a scheme to be with free permits giving the potential of a windfall to
discovered. he EU’s ETS, which began operations in polluters. Schemes such as the ETS always have prob-
January 2005, is the centre of its strategy to combat the lems dealing with volatile demand patterns, which can
threat of climate change. Initially there were 2 billion afect the price of permits signiicantly. he ETS did
tradable permits issued per year. here are over 10,000 not deal well with falls in demand for permits: many of
installations in the industrial and energy sector partici- the permits were not used due to the recession that hit
pating in the scheme. Collectively, these cover nearly Europe, so the price of permits actually fell, thus reduc-
50 per cent of the EU27’s carbon dioxide emissions ing the potential incentive to reduce pollution. he
and 40 per cent of its GHG emissions, making this the fall in price could have taken away a signal to improve
world’s largest multi-country, multi-sector GHG ETS. eiciency, had it not been for relatively high fuel prices.
he scheme has been planned to operate over three Permits are bankable, so, in the longer term, surplus
phases. he irst phase covered the period 2005–7. permits could be sold at a huge proit or kept for later
In the second phase (2008–12) the scheme’s scope use. Some estimates suggest that there may be as much
was expanded. In the third phase (2013–20) there are as 700 million tonnes worth of permits to carry over to
proposals to set more ambitious targets; aviation emis- the post-2012 period. his means that the market for
sions are expected to be covered in this phase. he permits is likely to remain highly liquid for some time,
scheme was amended in 2009 (Council 2009b). and therefore it is more likely to be subject to volatility.
A way of evaluating the ETS is to try to project Also, if the credits are too cheap, the impact of the trad-
what might have happened if the scheme had not ing process on emissions will be limited. But perhaps
been introduced – what the UK government has called this may not matter too much if oil prices are high, in
Environmental policy 285
the sense that eiciencies may come about anyway money during the 2008–9 recession, so the fear is that
because of market conditions. the ETS might cause further inancial problems to the
he failure of the ETS to operate as efectively could sector.
weaken the EU’s aim to ofer global leadership in the
ight against climate change. It could also make the
prospect of a global carbon market a more distant 18.13 Conclusion
prospect. If the price of carbon permits is too low, then
the EU might consider placing a minimum loor price he EU’s environmental policy now makes a substan-
for permits or actually withdrawing permits from the tial impact on the life of EU citizens and has helped
market. If, on the other hand, prices for permits are too to address many very pressing problems, which can
high in the EU, then industrial competitiveness might only be dealt with via international cooperation and
sufer and some industries might consider moving pro- enforcement. he sharing of responsibility with MSs
duction overseas. Schemes like the ETS take time to has had a positive impact in terms of raising stand-
reine, and operate best in fairly stable and predict- ards and promoting policy innovation. here is now
able environments. If the ETS fails to veriiably reduce a far greater range of policy instruments to deal with
carbon emissions on its own account and does not environmental concerns than ever before. But despite
deliver a stable price for carbon to be traded, it cannot much rhetoric about the use of economic instruments
be viewed as a success. as the most efective way of implementing policy,
A signiicant anomaly with respect to the ETS was examples of these at a community level are still limited.
the exclusion of aviation from the original scheme (see MSs are unlikely to cede signiicant iscal powers to the
Chapter 16). he aviation sector is international and EU at any time in the near future. Similarly, the inte-
there are problems with enforcing the ETS and its like. gration of environmental objectives into other policy
Aviation taxes are a popular way of raising money at areas will remain a diiculty because of the EU’s style of
a national level, but do not appear to have dampened decision-making. However, recovery from the 2008–9
enthusiasm for lying. While there has been a fall in recession, and the resulting higher energy prices,
the total level of EU GHG emissions, international have re-emphasized the importance of environmental
aviation grew by 100 per cent during 1990–2006. his policy. Finally, the EU has tried to make a major contri-
is despite the introduction of modern and eicient bution to leadership of the global warming debate. he
leets of aircraft. As of 2012, airlines will be included extent of the EU’s impact as a global leader will depend
in the ETS, but, not surprisingly, there were protests on greater policy coherence within the EU itself.
from nearly 4,000 companies, including commercial
airlines and private jet operators, which are expected to
take part. his is especially the case in those countries Summary
where there is already a passenger-based tax, but this
particular tax is more concerned with revenue raising • Environmental policy was not part of the original
than improving environmental performance. here is EU treaties and is an area of shared competence
also a sense of grievance from those airlines that are with MSs.
based outside the EU, but appear to be trapped into • Environmental policy was introduced initially
participating in the ETS. he scheme caps airline emis- because of the operation of the SEM and compe-
sions at 97 per cent of their 2004–6 levels in 2012, fall- tition policy. However, incidents of cross-border
ing to 95 per cent in 2013. Although 85 per cent of the pollution caused alarm in the 1970–1980s, and it
permits will be free, they will have to buy 15 per cent became clear that a focus on broader environmen-
of the permits through auction, which means that the tal policy would be desirable on both economic and
ETS will raise money. he base year for allocating the social grounds.
licences was 2010, a year when a large number of lights • he unregulated markets mechanism fails to take
were cancelled because of the eruption of a volcano in account of the degradation of the environment
Iceland, which illustrates the problem of setting allow- caused by the existence of public goods and exter-
ances – no year is ever a normal year. Many airlines lost nalities (spillover efects).
286 Ian Barnes
Part V of this book covers all EU policies that address certain structural aspects of
the EU economy and society. he EU afords special treatment to those in the agri-
cultural sector, the ishing industry and depressed regions, as well as dealing with
EU-wide social problems, especially unemployment, and hence employment. hese
areas are not only inanced by the EU general budget, but also claim the bulk of its
general budgetary resources. hus this part of the book begins with a chapter on the
budget and follows on with chapters on each of the mentioned areas.
The general budget
19 B R I AN AR DY AND A LI EL - A G RAA
289
290 Brian Ardy and Ali El-Agraa
costs/beneits are non-rival and non-excludable. Non- but most occurs via the operation of national taxation,
rivalry occurs where one person’s beneit/cost from a social security systems and the provision of govern-
service does not limit other people’s enjoyment/suf- ment services (CEU 1977a; Sala-i-Martin and Sachs
fering. Such non-rivalry implies that access to beneits 1992). Governments provide insurance against unem-
should not be limited by price or other means. If it is ployment and sickness and pensions for the elderly,
not possible to prevent access to a service to individuals even though this can be purchased privately. However,
who have not paid, then the service is non-excludable: it market provision is unlikely to cover all eventualities
is generally not possible to inance the service privately – for example, long-term unemployment – and many
because it cannot be charged for – the free-rider prob- individuals, particularly those at greatest risk, would be
lem. With public goods such as defence, all the ben- unable to pay the necessary premiums. hus the gov-
eits are non-rival and non-excludable, so governments ernment provides social insurance partly as an alloca-
inance them from general taxation. he allocative role tive measure because of gaps in the market, but largely
of government involves the provision or subsidization for redistributive reasons.4
of services where externalities are signiicant. he government’s stabilization role is the use of mon-
he regulatory role of the state overlaps with that of etary and iscal policy to try to achieve the objectives of
allocation, by setting rules in markets to make them full employment, price stability, economic growth and
work in society’s interests. So regulation encompasses balance of payments equilibrium. Today there is much
competition policy (see Chapter 13), the rules for natu- less conidence in government’s ability to stabilize the
ral monopolies (see Chapter 17), the safety of products, economy than there was when Musgrave’s book was
inancial services, and so on. he reason for govern- published. Many governments have delegated author-
ment regulation is either that there are problems with ity over monetary policy to independent central banks,
the operation of markets, with competition, or that because it is believed that better decisions will result
there are informational problems. For example, with from technocratically driven decisions, freed from
inancial services there is a case for regulation because short-term political considerations. Similarly, diicul-
of systemic risk: the government has to ensure the ties with the accurate timing and magnitude of discre-
viability of key inancial institutions in a crisis, while tionary iscal policy have led governments to rely on
avoiding moral hazard2 in its underwriting of banks automatic stabilization (see Chapters 10 and 12).
in diiculties. Financial services also need to be regu- Although these arguments provide a clear justiica-
lated because of information problems related to the tion for state intervention in the economy, its extent
complexity of the product, so consumers need to be is subject to discretion, with the size of the public
protected from fraud and misrepresentation. expenditure and the extent of public services varying
he distributive role of government recognizes the widely among nation states. While part of this variation
fact that markets are compatible with very unequal dis- is due to diferences in the level of development, much
tributions of individual income levels, which are unac- is the result of history, national values and institutions.
ceptable to modern societies. Redistribution occurs
as a result of equity, insurance and special interest.
Equity justiies the redistribution of income from rich 19.3 Fiscal federalism
to poor in accordance with society’s views on fair-
ness. Insurance is a payment to people with particular Choices have to be made not only about the extent of
adverse circumstances: unemployment, sickness and the public sector, but also about the level of govern-
retirement. he political power of special groups may ment at which the activity takes place. he traditional
also enable them to obtain redistribution in their favour, theory of iscal federalism (Oates 1999) examines the
which is the case with farmers in the EU. Redistribution factors that will determine the choice of the level of
takes place via a progressive tax system,3 a progressive government, which will undertake the various eco-
beneit system and the provision of public services that nomic tasks of the state.5 he theory assumes that
are subsidized or free of charge. Central governments each level of government cares exclusively about the
also redistribute income among regions. Part of this welfare of its constituents. An eicient system of iscal
is explicit through grants and transfer mechanisms, federalism would then balance the advantages and
The general budget 291
Note: a 2002
Sources: ABS 2010; Statistics Canada 2010; EOPUS 2010; CEU 2009c
60
50
% countries/states
40
30
20
10
0
0–24 25–49 50–74 75–99 100–124 125–149 150–174 175+
EU USA
Figure 19.1 GDP per capita in the EU27 and US states, 2008 Source: CEU 2010c; BEA 2010
EU; since the EU cannot run deicits (see Section 19.5), it is probable that the economic role and budget of the
it does not have debt to service. EU will remain distinct. One aspect of EU distinctness
hese comparisons indicate that the EU is cur- is the diference in income levels between EU MSs
rently very far from even a decentralized federation (see Chapter 5), which is important for the provision
like Switzerland. Given the crucial diferences between of public services, especially social security. he non-
the EU and other federations, the latter are unlikely economic diferences between MSs present problems
to provide an appropriate template. he next section for common policies in other areas, such as defence/
considers the characteristics of the EU that will afect its security and education.
economic role and what that role should be. he dispersion of income levels is much wider in
the EU than in the USA (see Figure 19.1), which makes
it unlikely and undesirable that the EU could have a
19.4 The EU and iscal federalism signiicant distributional role. It is unlikely because
redistribution would involve taxpayers in one MS
he EU is not a nation state; it is made up of individual supplementing the income of citizens of another MS.
MSs, each with its own institutions, history, culture Besides the questionable political acceptability, the
and languages. hus the evolving EU constitution is practical diiculties are immense – for example, how
very diferent from that of national federal states, and much should diferences in income be reduced?
The general budget 293
Where does this leave the EU’s current redistri- limited budget is fair and eicient. hese are the issues
butional role in the structural policies? he political to which this chapter now turns.
stability of the EU in general and EMU in particular
is dependent on a reasonable degree of cohesion
in the EU. While this probably does not require 19.5 Budget rules and procedure
equality of income levels,8 what is needed is that the
poorer countries are at least converging on the rich. here are ive basic principles derived from the treaties
Convergence in income levels is not automatic (Ardy under which the EU budget operates:
et al. 2002, pp. 46–50), so some efective aid policy can
1. Annuality – the budget is only for the one year,
be justiied.9
so expenditure has to be made in that year. his
here is no compelling externality or economies-
prevents the build-up of long-term commitments,
of-scale argument for signiicant EU involvement in
but has caused some problems because much EU
health and education. With regard to defence a more
expenditure is now on multi-annual programmes.
compelling case can be made for a larger EU role.
he practical resolution of this problem has been
Defence is the classic public good, and with war in the
the use of commitments for future years, which
EU increasingly unlikely, defence is against external
strictly do not have to be honoured, but which in
threats to the EU as a whole, or is related to peacekeep-
practice usually are.
ing/making beyond the EU. here is public support for
2. Balance – revenues must cover expenditure, and
the development of an EU defence policy (CEU 2009d,
deicit inancing is not possible. If expenditure is
p. 10). here are a number of obvious diiculties, such
going to exceed revenue, additional resources have
as the reluctance of governments to cede sovereignty
to be raised by supplementary or amending budg-
over such a sensitive area, whether the public would
ets in the current year. Surpluses at the end of the
be supportive of European armed forces, and the role
year are carried over to the next year as revenue.11
of EU neutral countries. Similarly, there are strong
he EU is not allowed to borrow to inance its own
reasons for an important EU role in ighting organized
expenditure, but can use its triple-A credit rating
crime and terrorism, where there is again public sup-
to borrow for loans.12 Most of these loans take
port (CEU 2009d, p. 10).
place via the European Investment Bank (EIB; see
Beyond these areas,10 the EU economic role would
Chapter 3). hese capital transactions are inan-
seem to be conined to competences that are already
cially self-supporting and do not breach the princi-
part of its responsibilities, such as overseeing the SEM,
ple of EU budgetary balance.
operating competition policy and regulation more gen-
3. Unity – all expenditure is brought together in a
erally, and also R&D policy, where EU programmes
single budget document.
are justiied because there are potentially important
4. Universality – all EU revenue and expenditure is to
economies of scale (Sapir et al. 2003b). External action
be included in the budget, and there are to be no
is really part of foreign policy and related increasingly
self-cancelling items.
to defence. he current EU role in agricultural policy is
5. Speciication – expenditure is allocated to particular
more questionable; there seems little reason for the EU
objectives to ensure that it is used for the purposes
to be paying direct agricultural subsidies (see Section
the budgetary authority intended. here is some
19.7, page 296, and Chapter 20), so agricultural expend-
possibility for transfers between categories for the
iture could shrink, with the EU’s role conined largely
efective execution of the budget.
to regulation and trade policy. hese arguments tend to
suggest that there is a case for some limited expansion hese rules indicate the extent to which MSs wanted to
of the EU budget, if the EU were to acquire a signiicant limit EU competence in this sensitive area of govern-
defence role. It would, however, remain small – much ment activity. So they ensure maximum control by MSs
smaller than that of existing federations. he conclu- and minimum discretion for the EU.
sion must be that, at the present stage of development, he budgetary procedure laid out in the 1971 Budget
a limited budget seems well suited to EU requirements. Treaty13 contained the seeds of discord in decision-
he EU still has to ensure that the operation of this making. his treaty granted the EP responsibility for the
294 Brian Ardy and Ali El-Agraa
Table 19.4 Tax systems: federal states and the EU (% of GDP), 2008
120000
Real expenditure (€/ECU millions)
100000
Other
80000
40000 VAT
Agricultural duties
20000
Customs duties
0
1971 1976 1981 1986 1991 1996 2001 2006
Year
proved controversial and it was not until April 1970, just have not used the harmonized base, the VAT contri-
before negotiations opened for the irst enlargement, bution has always rested on an ‘artiicial’ calculation
that agreement was reached. his provided for the EEC (Begg and Grimwade 1998, pp. 41–2), so it amounts
to be inanced by duties on agricultural imports and to being just a particular way of calculating a national
sugar production, revenue from the Common Customs contribution.
Tarif (CCT; the CETs of Chapter 1) and VAT up to 1 he original own resources system had a number of
per cent of the harmonized base (see Chapter 15). he problems as a system of inance for the EEC. At irst,
traditional own resources (TOR), agricultural levies revenue expanded as the call-up rate of VAT increased,
and customs duties are naturally EU revenue because but once the 1 per cent limit was reached, revenue grew
they arise from EU policies: the Common Agricultural comparatively slowly (see Figure 19.2). TOR revenue
Policy (CAP) and Common Commercial Policy (CCP; was constrained by falling agricultural imports, as EEC
see Chapters 1, 20 and 23). In a common market it is food self-suiciency levels increased (see Chapter 20),
diicult to assign these revenues to individual MSs, decreasing tarif rates, expanding membership of the
because goods imported through an MS where the EC and the extension of preferential trade agreements
duties are paid may then be sold in another where the with third countries (see Chapters 23 and 24). he VAT
actual burden or incidence of the tax occurs.16 As MSs base also grew slowly because it excluded government
296 Brian Ardy and Ali El-Agraa
120000
Other
100000 Administration
External action
Real €/ECU million
Research
80000
Structural funds
Agriculture market
60000
40000
20000
0
1965 1970 1975 1980 1985 1990 1995 2000 2005
Year
450
400
Expenditure (€ per head)
350
300
250
200
150
100
50
0
Pl LT HU LV EE SK CZ MT PT SL CY EL ES IT UK FR DE BE AT FI IE NL SE DK LU
CAP Structural
For farmers, landowners and industries associated expenditure on poorer countries, but the highest levels
with agriculture, EU support of prices and direct sub- of expenditure per head in the EU in 2008 were in
sidies provide substantial beneits.22 For taxpayers Greece and Portugal, and only 28.5 per cent of EU
and consumers CAP imposes substantial costs in two structural expenditure is in NMSs (European Court
ways: irst, by the taxation paid to inance the budgetary of Auditors 2009). With structural spending aimed
expenditure; and second, by the additional expenditure at regional rather than national redistribution, other
on food due to EU prices exceeding world market prices. objectives being pursued and political factors afecting
With the reformed CAP, and the high world prices of its distribution, its redistributive efect is somewhat
recent years, the gaps between EU and world prices have uneven. With CAP and structural spending account-
narrowed substantially. For most agricultural products, ing for over 75 per cent of EU expenditure, it is their
EU prices are near to world levels, so the additional costs distribution which largely determines the distribution
to the consumer are minor. his is not the case for milk of expenditure among EU MSs.
products, beef and sugar, but this consumption cost he largest element of internal policy expenditure is
is relatively minor nowadays (Ardy 2002a, pp. 96–7), research and technological development (see Chapter
so measured CAP expenditure provides a reasonable 14), which tries to enhance EU competitiveness. Also
approximation of national beneits from CAP. signiicant under this heading are education, voca-
he structural funds – the European Social Fund tional training and trans-European networks (TENs).
(ESF), the European Agricultural Guidance Fund Education expenditure mainly inances grants for study
(EAAGF), the European Regional Development Fund in other EU countries. his expenditure should help
(ERDF) and the Cohesion Fund – were developed to forge a greater sense of EU identity and could have ben-
try to achieve greater solidarity within the EU. hey eicial efects on SEM by encouraging labour mobility.
were justiied, therefore, as a redistributive policy, to Expenditure on TENs is very similar to ERDF expendi-
encourage political solidarity. Structural expenditure ture, inancing cross-border networks of roads, rail-
has also been useful as side payments to facilitate ways and energy and telecommunications grids. Such
agreement between MSs. he expansion of the struc- networks are important in fostering competition in the
tural funds and their concentration on poorer regions SEM, and, since they are cross-border, EU involvement
since 1988 was part of the bargain to achieve agree- is probably desirable to encourage their development.
ment on the SEA. his was reinforced by restricting the EU external expenditure is concentrated on three
Cohesion Fund to countries with GNI per head of less groups of countries:23 African, Caribbean and Paciic
than 90 per cent of the EU average. his concentrates (ACP) countries, the Middle East and the southern
The general budget 299
Mediterranean (see Chapters 23 and 24), and there modest compared to national and local governments:
is still some enlargement expenditure for the west- in 2008 US federal government had 2,016,800 employ-
ern Balkans. Pre-accession aid for the candidate and ees (Bureau of Labour Statistics 2010, Table 3). So the
potential candidate countries24 is a separate budget depiction of the Commission as a vast and unwieldy
category, to protect this expenditure if there is pres- bureaucracy is completely false. he small Commission
sure on the budget and underlining the passage of size is the result of the limited policies for which the EU
relations with these countries from external to inter- is responsible, and the way in which these policies are
nal. Russia and Commonwealth of Independent States operated. Government policies with large numbers of
(CIS) countries have not been ofered EU membership, employees, such as health, remain the responsibility of
but the development of a closer political and economic national governments. National governments and their
relationship and economic aid are an important part of employees largely operate EU policies. Administration
this process. has remained a small and stable proportion of total EU
Aid to Mediterranean and Middle Eastern countries expenditure as a result of the continued limitation of
again tries to increase the stability of another volatile EU powers and responsibilities.
region close to the EU. Economic development in this Concerns over administration also relate to issues
area would also help to reduce the pressure for migra- about administrative competence and corruption;
tion to the EU. Aid to ACP countries relects obliga- three aspects of the EU and its administration are
tions and ties to former colonies. he EU channels important in this respect. First, the multinational char-
aid both via the budget and by a separately inanced acter of the administration makes it diicult to devise
European Development Fund (EDF), which is respon- suitable codes of conduct, because diferent countries
sible for most EU aid to ACP countries. Expenditure have diferent ideas of what is acceptable. hus, the
under the EDF is decided separately from the budget employment of relatives and friends by governments
by the Council and is inanced by ixed national shares. and oicials is normal in some countries but not in
here are concerns about the efectiveness of aid pro- others. Second, the small Commission size, in relation
grammes (see Chapter 25), as well as about individual to its responsibilities, has made it diicult to keep track
elements of aid. For example, food aid accounts for of expenditure. here have been diiculties with the
around 20 per cent of budget expenditure on aid; this employment of contract workers, and the supervision
has sometimes been little more than an extension of of EU programmes is hampered by a shortage of staf.
CAP, facilitating the disposal of surpluses, with prob- he Commission budget department has had particu-
lematic consequences for recipient nations (Cathie lar problems. he European Court of Auditors (ECA)
2001). has noted progress, but there are still problems in rural
Although there is public support for foreign aid, the development, cohesion, research, energy and trans-
EU’s role is not well understood, nor is it diferentiated port,25 external aid, development and enlargement
from national government aid programmes. he nec- (European Court of Auditors 2009, p. 12). hird, MSs
essary scale of the operations, and the need to avoid have the primary responsibility for monitoring most
wasteful duplication, justiies EU aid, but the continu- programmes. he Commission has a rather ambigu-
ance of national government programmes undermines ous managerial and supervisory role, but generally no
the development of a clear role for the EU. powers to carry out investigations in MSs.
he least understood element of EU expenditure Administrative expenditure is heavily concen-
is that on administration. Constant press references trated in Belgium and Luxembourg, but the extent
to the Brussels bureaucracy, their gravy-train life- of the beneits this confers on these countries is lim-
style and pictures of enormous ediices in Brussels ited. With other areas of expenditure it is possible to
and Strasbourg, suggest a vast and expensive bureauc- argue that EU expenditure is largely for activities that
racy. hus administrative costs were selected by the would have occurred anyway, so it is a net addition to
public as the largest item in the budget (CEU 2010i, GNI. Administrative expenditure either involves the
p. 210). his is a very distorted picture: the number of use of resources such as labour, capital and land, or
people employed by EU institutions is relatively small – pays for individuals who are citizens of other MSs.
32,181 in the Commission in 2010 (CEU 2010g). his is While Belgium and Luxembourg undoubtedly enjoy
300 Brian Ardy and Ali El-Agraa
3
Lithuania Greece
2.5
2
Portugal
OBB % GNI
1.5
0.5
Ireland
UK Luxembourg
0
Cyprus
Denmark
–0.5
0.0 50.0 100.0 150.0 200.0 250.0
GNI per head (% EU27 average)
Figure 19.6 Operating budgetary balances and GNI per head, EU27, 2008 Source: CEU 2009c, 2010c
multiplier and balance of payments efects, this ben- head in the EU, received net beneits from the budget.28
eit is far less than the total amount of administrative Luxembourg, the EU’s richest MS, makes rather small
expenditure in their countries. net contributions to the budget, even if its substan-
tial administrative receipts are ignored. hus the EU’s
twelve richest MSs, with GNI per head between 103
19.8 Operating budgetary balances and 244 per cent of the EU average, have OBBs between
0.33 and −0.32 per cent of GNP. he budget thus has
An MS’s operating budgetary balance (OBB) is the dif- a rather haphazard impact: overall it is redistributive,
ference between the amount it pays in own resource but the relationship between OBBs and GNI is weak,
revenue and the amount it receives from allocated as is the budget’s redistributive efect (de la Fuente and
expenditure.26 he Commission’s position on OBBs Domenesh 2001; Asdrubali and Kim 2008).
has changed: it used to argue that national concerns National governments are very well aware of their
with OBBs were mistaken, and that the budgetary costs OBBs, and if they think they are being treated unfairly
and beneits were an inaccurate measure of the costs they will demand that the situation be resolved. he
and beneits of EU membership.27 While this is true, most infamous example of this is the British problem,
it is irrelevant; whatever the overall costs and beneits a recurrent issue from 1973, when the UK joined the
of membership, the EU should be equitably inanced. EEC, until its resolution in 1984, unfortunately with a
Another frequent observation is that the budget is too rebate speciic to the UK. he UK’s correction for budg-
small to matter. However, the amounts involved are etary imbalances is calculated as follows: in the current
very large: EU expenditure is greater than the GNI of year, the correction is calculated on the basis of the
ten EU MSs. Unlike national budgets, which are largely imbalance in the previous year, equal to the percent-
transfers from one group within the national economy age share of the UK in VAT and GNI payments, minus
to another, payments to the EU represent imports and its share in total allocated expenditure, multiplied irst
reductions in GNI, and receipts from the EU represent by total allocated expenditure and then by 0.66.29 he
exports and additions to GNI. he Commission now correction is inanced by increasing the own resource
accepts that OBBs can be unfair and there needs to be a contributions from other MSs, and not surprisingly this
correction mechanism (CEU 2004g). is strongly resented. he UK’s position within the EU
Figure 19.6 plots OBBs for 2008 against GNI per has also changed substantially: when the rebate was
head, revealing a weak negative relationship between agreed in 1984 the UK was the fourth poorest of ten
them. All NMSs, except Cyprus, are net recipients from MSs; today it is the eleventh richest of twenty-seven,
the budget; however, considering their low level of GNI a point emphasized by the fact that NMSs with very
per head, they are treated less generously than Portugal low levels of GNI per capita are contributing to the UK
and Greece. Ireland, with the ifth-highest GNI per rebate. Nevertheless, without the rebate the UK would
The general budget 301
be the second largest proportional net contributor to 19.9 The EU budget and enlargement
the EU budget.30
here has been a hardening of attitudes towards the When countries join the EU they will make contri-
OBBs budget. Two developments have been crucial: butions to the EU budget and be recipients of EU
the changing situation of Germany and EMU. German expenditure. So enlargement involves negotiations
uniication has put tremendous pressure on the federal among existing MSs over the budgetary arrangements
government’s budget, with a net transfer of 4 per cent that will prevail after enlargement. hese will have to
of GDP from West to East Germany (CEU 2002c, p. 2). take some account of NMSs, because after member-
Germany is therefore no longer willing or able to act ship they will be involved in further budgetary negotia-
as the paymaster for the EU; indeed it wants to reduce tions.32 he Original Six had relatively similar income
its net contributions. he change in German attitudes levels, but enlargement has substantially increased the
has been mirrored by Austria, the Netherlands and number and importance of relatively poor MSs. his is
Sweden calling for reductions in their net contribu- particularly the case in the 2004/7 enlargements, which
tions. For Eurozone MSs, EMU budgetary restraint is placed large potential demands on the budget because
also a problem (see Chapter 12). Net contributions to of three characteristics of the countries involved: low
the EU budget of 0.5 per cent of GNI do not seem very income levels, the large total size of their populations
signiicant compared to government budgets of 30 to 50 and the importance of agriculture. Since contribu-
per cent of GNI. But these net contributions loom much tions to the budget are roughly related to GNI (see
larger in relation to the Stability and Growth Pact’s Section 19.8), only a small amount would be added to
upper limit for public sector deicits of 3 per cent of EU revenue from own resources, but EU expenditure
GDP, and the medium-term requirement for the budget with unchanged policies would have risen signiicantly
to be close to balance or in surplus. With monetary because of the demands on the structural and agricul-
policy determined by the ECB on the basis of Eurozone tural budgets. EU15 MSs were unwilling to inance this
conditions, national iscal policy remains the one lex- by increasing contributions and against large reduc-
ible short-term element of macroeconomic policy in tions in their EU expenditure receipts. So additional
national governments’ hands. Net contributions to the expenditure in NMSs was limited and expenditure in
budget eat into this national margin for lexibility and so other areas was to be tightly controlled.
have become a much more salient political issue. he he Brussels Agreement (European Council 2002b)
widening of government deicits in the economic crisis inalized the inancial arrangements for enlargement.
is likely to intensify the desire of governments to restrict It contained four principal elements. First, there was
their net contributions to the EU budget. to be no extra expenditure for enlargement; second,
With the current range of revenue resources and direct agricultural payments are to be extended to
expenditure, it is diicult to achieve a fair distribution NMSs; third, CAP guarantee expenditure from 2007 to
of budgetary costs and beneits. Over time the com- 2013 is to be kept below that for 2006, plus 1 per cent
plexity of the revenue system is increasing, as more and per annum. Fourth, if forecast cash low under the EU
more adjustments are made to make the system more budget is less than in 2003 for any NMS, compensation
equitable. Policy reform could achieve a fairer out- will be ofered.
come, but to conlate reform and equity could compro- his was the starting point for the negotiations on the
mise the objectives of reform. In the absence of reform, 2007–13 inancial framework, which required unani-
net contributions can be restricted by limiting budg- mous agreement among EU25 MSs. hese negotia-
etary expenditure, and this is what has happened. A tions needed to reconcile four contradictory demands:
much better solution would be a redistribution mecha- irst, additional ‘enlargement expenditure’; second,
nism that would ensure a fair distribution of net con- extra expenditure in new priority areas; third, for large
tributions (de la Fuente and Domenesh 2001). Such a net contributions to be reduced; fourth, unwillingness
system would have the enormous advantage that each among EU15 MSs to increase their net contributions,
MS would feel the efects of new expenditure commit- or to reduce their net beneits. he only area of near
ments on its OBB, and thus budgetary considerations unanimity was that the UK’s rebate should be reduced,
would not bias policy-making.31 a concession the UK was only prepared to make in
302 Brian Ardy and Ali El-Agraa
balance, its small size, the composition of expenditure Questions and essay topics
and the fact that it is inanced largely by national
contributions, not its own taxes. It is unsurprising 1. Identify the factors that determine at what level of
because the EU is very far from a political federa- the administration (local, state/national, federal)
tion, made up as it is of nation states determined to government activity should take place?
preserve a signiicant degree of national sovereignty. 2. What government activities should be undertaken
hus the expenditure and revenues of the EU tier by the EU?
of government will continue to develop slowly. he 3. How does EU budget revenue difer from that of
most important areas of federal government activ- national federal governments?
ity will remain national, because there are few clear 4. How does EU budget expenditure difer from that
advantages and many problems in moving provision of national federal governments?
to the EU. his is not to suggest that there should 5. Examine why EU expenditure and revenue is so dif-
be no further EU-level development of policies. he ferent from that of national federal governments.
strongest arguments here relate to internal security 6. Consider how the EU’s pattern of expenditure has
and common foreign and security policy. he likeli- changed over time. How would you account for
hood, therefore, is that EU budgetary responsibilities these changes?
will remain limited. 7. What are operating budgetary balances (OBBs)?
8. How do OBBs difer between EU MSs?
9. Consider whether OBBs and their variation
Summary between MSs are important issues for the EU.
10. What functions does the federal government
• he EU budget provides a number of insights: budget normally fulil in a monetary union? Assess
1. It indicates that despite its very signiicant devel- the extent to which the EU budget is able to fulil
opment, the EU is still far from having the powers these functions.
of a nation state. 11. Why does EU enlargement pose particular prob-
2. MSs retain tight control over EU revenue and lems for the EU budget?
expenditure. 12. Identify the challenges facing the EU budget and
3. here is a strong status quo bias in EU revenues consider how these may be overcome.
and expenditures.
4. Distributional issues are very diicult for the EU.
FU RTH ER REA DING
• EU revenue and expenditure are very diferent from
those of national federal governments. Begg, I., Enderlein, H., Le Cacheux, J. and Mrak, M. (2008)
• he EU budget does not have any signiicant ‘Financing of the European budget’, Final Report,
tax discretion; it is largely inanced by national Study for European Commission DG Budget (http://
contributions. ec.europa.eu/budget/reform/conference/docu-
ments_en.htm).
• EU expenditure remains narrowly concentrated
Ecorys (2008) ‘A study on EU spending’, Final Report,
on agricultural and structural and cohesion pol-
Study for European Commission DG Budget (http://
icies; it has been diicult to achieve signiicant
ec.europa.eu/budget/reform/conference/docu-
increases in expenditure in other areas that are ments_en.htm).
regarded as important. With this structure of taxa-
tion and expenditure, an equitable distribution of
contributions and expenditure between MSs is hard NO TES
to achieve. he EU has not been able to resolve 1 he EU general budget excludes the European
this issue and this has contributed to the strong Development Fund (see Section 19.7, page 299).
tendency of path dependency, evident in the EU 2 Moral hazard is the problem that if the government
budget and in other policy areas. guarantees the inancial viability of banks in a crisis,
this may encourage greater risk-taking by banks, which
in turn could lead to another crisis.
The general budget 305
3 Where the proportion of income paid in tax increases 19 For the 2007–13 period the Netherlands and Sweden
as income rises. will beneit from a reduction in their GNI contribution.
4 here is again a moral hazard problem here: if govern- 20 Shown by the fact that countries are near or on the 45
ment provides adequate pensions, this reduces the per cent line, indicating that their income relative to
incentive, particularly among the less well-of, to pur- the EU average is the same as their contribution.
chase private pensions. 21 his depends largely on the composition and amount
5 In practice, responsibility for many services are shared of previous production.
between diferent levels of government. his may allow 22 But not in an eicient manner: 20–50 per cent of
some of the beneits of centralization and decentrali- expenditure (depending on the measure) ends up as
zation to be achieved. It may also blur responsibilities an increase in farm household incomes (OECD 2003,
and be associated with problems of administration. pp. 54–75).
6 It would be diicult to justify such variation for policies 23 A small element of the external action is operational
funded from national taxation; the call is usually for expenditure on joint actions decided under the
equality of provision. common foreign and security policy (CFSP).
7 Externalities and economies of scale do not necessar- 24 Candidate countries in 2007 were Croatia, Macedonia
ily require central government provision; cooperation and Turkey; potential candidates are Albania, Bosnia
among local governments may be suicient, but this Herzegovina, Montenegro and Serbia, including
can be problematic (Berglöf et al. 2003, p. 9). Kosovo (see Chapter 2).
8 Comparisons of income are probably made within 25 But not the Sixth Framework Programme for research.
rather than between countries, even with the Eurozone. 26 Not all expenditure can be allocated to individual MSs;
9 For a diferent view, see Berglöf et al. 2003. the categories not allocated are administration for the
10 For a discussion of the EU’s stabilization role, see reasons given (in Section 19.6.5, page 293), external
Chapters 10–12. action and pre-accession aid – 9.9 per cent of expendi-
11 Deicits would be carried over as expenditure, but ture in 2008.
surpluses are normal because planned expenditure 27 In addition, there are methodological problems with
(commitment appropriations) is usually underspent, the measurement of net contributions (CEU 2004h,
so actual expenditure (payment appropriations) is annex II).
usually lower. 28 his is due to delayed adjustment to Ireland’s improved
12 It also guarantees loans. economic circumstances and substantial CAP beneits.
13 Treaty amending Certain Financial Provisions of the 29 Further adjustments are made for the capping of VAT
Treaties establishing the European Communities, OJ and the increase in MSs’ own resource collection costs
L, 2, 2 January 1971. from 2001. From 2009 the additional expenditure due
14 If the budget is not approved, the EU works with the to the 2004 and 2007 enlargements will be eliminated
previous year’s budget. from the calculation.
15 he same principles should apply to beneit systems. 30 he UK’s 2004 net contribution without the rebate
16 his is the ‘Rotterdam problem’, so called because would have been 0.57 per cent and that of the
Rotterdam is the port of entry for many goods that are Netherlands 0.65 per cent of GNI.
then sold in other MSs, notably Germany. 31 For example, an MS’s net contribution can improve
17 he Netherlands also seemed to be making exces- signiicantly as a result of new expenditure commit-
sive contributions, but this was largely because of the ments because its beneits may outweigh its small
Rotterdam problem. share of the costs.
18 It was reduced to 1 per cent in 1988, 0.5 per cent in 32 he diiculties caused by the UK budgetary situation
2002 and 0.3 per cent in 2007. For 2007–13 lower VAT after the irst enlargement indicate the need to accom-
rates apply to Austria, Germany, the Netherlands and modate the needs of NMSs.
Sweden.
The Common Agricultural Policy
20 U L R I C H K O E S T ER AN D AL I E L- A G RAA
306
The Common Agricultural Policy 307
worse of than most people in the rest of the EEC mainly with intervention on the markets for tem-
– for example, in France about 26 per cent of the perate zone products (grain, sugar and milk),
labour force was engaged in agriculture, but for the expanded to the regulation of Mediterranean prod-
same year the contribution of this sector to French ucts (vegetables and fruits), and ended with the
GNP was about 12 per cent.1 he respective shares regulation of farms by setting constraints on deci-
in 2003 were 4.4 per cent of the labour force and 2 sions made on farms.
per cent of GNP. he last igure certainly exagger- 8. It is no surprise that EEC expenditure on agri-
ates the disparity of agriculturists, as many of them culture continued to grow over time; the average
have an additional income from of-farm work rate of change during 1960–2003 was 6 per cent;
and from capital invested outside the agricultural and, despite large reductions, 46 per cent of the
sector. EU budget was devoted to agriculture in 2008 (see
3. A rapid fall in both the agricultural labour force and Chapter 19).
in the share of agriculture in GNP occurred between 9. In assessing the impact of policy measures one
1955 and 1995,2 and this trend is being maintained, should also take into consideration that ownership
albeit at a slower pace. in agriculture has changed. In 1957 farms were not
4. he structure of the sector has changed signii- only small, but most of the farmers owned the land
cantly over time. Agriculture used to be one of that they cultivated. However, the growth of indi-
the most labour-intensive sectors in the early vidual farms has been more through the rent rather
days, but has become one of the most capital- than the purchase of land. Moreover, the enlarge-
intensive. Consequently, the agricultural sector ments since 2004 have added some agricultural
has become much more heterogeneous over time. sectors that are mainly based on tenant farming.
Approximately two-thirds of farmholdings were
between 1 and 10 hectares (ha) in size in 1957.
Nowadays the structure is much more diversiied, 20.3 The problems of agriculture
partly because of enlargement, but also because in
the old MSs: Although most economists praise the advantages of
(i) there is a large, growing farm sector that culti- free markets, the agricultural sector in most countries
vates an increasing share of land (62.5 per cent has been more or less regulated by speciic policies for
of land is in the hands of farm operators, who centuries. In this section we analyse six reasons for this
cultivated more than 65 ha in 2003); special treatment: food security, agricultural income,
(ii) there are farms that use the most recent tech- eiciency, stability of markets, food safety and environ-
nology (conventional farms) and others that mental concerns.
constrain themselves by adhering to the rules
of organic farming (organic farms);
20.3.1 Food security concerns
(iii) a fairly high proportion of farms are run part-
time (23 per cent in 2003), but their share in It is well known that there are signiicant luctuations
total cultivated area is declining over time. in food supply at the regional level. If markets were
5. Agriculture in the EEC was not well integrated in to function perfectly, such luctuations would cause
the overall economy; the share of revenue spent on no concern as long as the world supply was stable.
purchased inputs was less than 40 per cent in the Regional trade and stockpiling could easily stabilize
1960s, but is now well above 50 per cent. regional food consumption. However, markets are not
6. he share of income spent on food has declined sig- perfect. Inter-regional trade may not stabilize con-
niicantly over time (Engel’s law). In the 1960s it was sumption, as markets are not perfectly integrated due
about 40 per cent, but it is now less than 15 per cent to high transaction costs. Moreover, speciic policies
in the EU15; it is in excess of 35 per cent in some of may hinder inter-regional trade lows. Private stock-
the new member states (NMSs) joining since 2004. holders may not hold high enough stocks in order to
7. he policy-makers reacted to these changes by an stabilize consumption on the regional level, making
ever-increasing intensity of regulation. It started stockpiling a risky investment, since future harvests
308 Ulrich Koester and Ali El-Agraa
and prices are not known. Market failure and policy qD = qD(Y,B,p) (20.1)
intervention may also lead to food security concerns by
where qD = quantity demanded of the agricultural
other nations. hus most countries have food security
product, Y = income, p = price of the agricultural prod-
included in the list of their agricultural policy objec-
uct, and B = population size.
tives. Of course, how governments should intervene
Supply is assumed to depend on prices and a supply
in order to achieve the objective would depend very
shifter, which stands for the efect of technological
much on the extent of market failure and on available
change:
policy alternatives. he more integrated the markets,
the better the low of information and the lower the qS = qS(p,a) (20.2)
transport costs. Regional integration schemes with s
where q = quantity supplied of the agricultural product
trading agreements mitigate food security concerns at and a = supply shifter due to technical change.
the regional level. EU markets are more integrated than It is assumed that demand and supply are equated
in insulated countries with protectionist policies. he by the prevailing price. Hence:
WTO has also helped to integrate agricultural markets
by setting rules for trade. Private stockpiling is more qD =qS (20.3)
efective in stabilizing food consumption if stockhold- From equations (20.1) and (20.2) one gets:
ers are not exposed to unpredictable interventions by
dqD dy dP dB
governments. As far as the EU is concerned, markets 5h# 1 eDq,p 1 (20.4)
qD y P B
are fairly well integrated regionally, so regional luc-
tuations in production should not lead to food secu- and
rity concerns. Nevertheless, most countries pretend
dqS dp da
that price support policies are also needed to secure S
5 eSq,p # 1 (20.5)
q p a
food. Price support will certainly increase food self-
suiciency, deined as the percentage ratio of domestic where eDq,p = price elasticity of demand, eSq,p = price elas-
production over domestic consumption. However, it ticity of supply and h = income elasticity of demand.
is highly questionable whether a higher degree of self- Equating equations (20.4) and (20.5) and solving for
suiciency for food due to protectionist policies really the relative change in P results in
contributes to the achievement of food security. Food
dy
a 2h 2 b.
dP 1 da dB
security is mainly related to income and availability 5 D (20.6)
P eq,p 2 eSq,p a y B
of food. Poor people may not have the income to buy
food. High food prices lower their purchasing power, From equation (20.6) one draws certain conclusions.
and thus lead to food insecurity for vulnerable house- Prices will decline if the value in the bracket is positive.
holds. Moreover, protection leads to a lower overall It will be positive if the rate of technical change da/a
income in the economy and makes people poorer. is larger than the product from the rate of change of
Hence an eicient food security policy should focus on per capita income in the economy multiplied by the
the poor and not just on available supplies on the mar- elasticity of income plus the rate of change in popula-
kets. he latter is a necessary condition to secure food, tion. Hence technical change in agriculture is price-
but it is not suicient. depressing, but only under certain conditions. If there
were no technical change, but high population growth
without economic growth in the economy (dY/Y = 0),
20.3.2 Agricultural income
prices would go up as predicted by Malthus. he real-
here is a widely held perception that in a growing ity of the last ifty years shows that technical change in
economy income from farming does not increase as agriculture has been large enough to ofset the price
much as non-agricultural income. he argument is increasing efects of income and population growth
based on a closed economy and limited mobility of worldwide. Indeed, as the elasticity of income declined,
labour (L). he relationship can be clariied using a with higher income and population growth somewhat
simple model, where demand is assumed to depend on lattened, technological progress in agriculture tended
income and prices: to lower food prices even more.
The Common Agricultural Policy 309
However, even if there were technological progress, 1. Individual farms do not employ the most eicient
farm prices may not have fallen – for example, if the technology. Farmers may lack the know-how to ind
elasticity of demand were ininite, prices would remain out about the best technology; they may be con-
unchanged. his situation may materialize for a small, servative and may not want to change; or they may
open country,3 such as New Zealand. he shift in the not have their own capital or access to credit allow-
domestic supply curve due to technical change will ing them to be in the forefront of change. Hence
not alter prices, as the country is a marginal supplier most governments intervene in order to provide
of food products on the world market. However, for information to farmers, speeding up the use of new
the world as a whole the price elasticity is fairly small technologies.
and therefore prices come under pressure. Yet even if 2. he size of farms is too small to take advan-
prices do fall, L income in agriculture may not decline. tage of economies of scale and economies of
If L input in agriculture were completely determined by size. Individual farmers may like to expand their
opportunity costs – that is, income that could be earned farms to a more eicient size; however, the growth
in alternative occupations, the price elasticity of supply of some farms has to be accompanied by the
would be high, leading to a lower decline in prices. shrinking or closing of others, as there is a land
Hence, price elasticities of supply and demand are cru- constraint in agriculture. In order to improve ei-
cial for the efects of technical change on agricultural ciency, land should move to those farms that
prices and incomes. If sectoral L markets are not well generate a higher marginal productivity of land
integrated, L income in one sector may deviate from than shrinking or dissolving farms. Optimal use
that in others, but if they are integrated, diferences in is made of land if its marginal productivity is
L income will relect preferences for work, protection of the same in all uses. he optimum situation will
the environment and/or living in the countryside, dif- change from time to time as factor prices change
ferences in qualiications, and so on. in the economy and new technologies can be
he current situation concerning L market inte- introduced in agriculture. Consequently, there is
gration certainly difers across countries. It can be a tendency for the marginal productivity of land to
shown that L markets are more integrated in developed difer across farms; hence a transfer of land, from
market economies where information is available and farms where the marginal value of land is lower,
transaction costs are low. Hence it was no surprise that to where it is higher, would increase the value of
Gardner (1992), in his seminal article, proved that there total production.
was no income disparity in the USA – that is, farmers’ he optimal allocation of land will materialize
total income from farm and non-farm activities was only if land markets function perfectly. However,
about the same as that of other people in society. land markets are property-rights-intensive and
If policy-makers nevertheless assume that there is the transfer of land may incur high transaction
a need to support farm incomes by politically setting costs. he prospective buyer and seller of land have
prices above market equilibrium, they will afect the to ind out the likely future returns of the land
number of people engaged in agriculture, but not nec- and the likely interest rates. Hence there is great
essarily their income per work unit. Yet in spite of this uncertainty on both sides of the market. here may
reasoning, policy-makers in most countries intervene even be an outcome where there are no transac-
in order to afect farm incomes. tions on the market. he suppliers may have a high
reservation price for land, possibly because they
consider landownership a hedge against risk, or
20.3.3 Eficiency in agriculture
because they value landownership more than the
Eiciency concerns the use of factor inputs in the ownership of other assets and hence ask for a high
agricultural sector. he sector produces eiciently if price. he buyer may only be willing to ofer a low
the ratio of total output to total input – that is, total price because of the uncertainty of future returns.
productivity, cannot be increased by an alternative use he result can be that there is no match between
of factors. he agricultural sector may lack eiciency for supply and demand, with the curves for the former
at least four reasons: lying consistently above the latter. Indeed, such a
310 Ulrich Koester and Ali El-Agraa
situation seems to prevail in some regional markets Also assume that supply is completely price inelastic –
in transition countries. that is, a vertical line in a diagram. Further assume that
3. Farms might also be ineicient in terms of alloca- there is no storage and that all that is produced has to
tion due to lack of access to credit. Transaction be consumed in the same period:
costs for creditors may be quite high because the
qS 5 qs (20.8)
assessment of the creditworthiness of farms might
be costly and the risk for the creditor might be and
high. Such a situation may arise when farmers are
qD = qS (20.9)
not the owners of the land or when land markets
are not active. Lack of credit history contributes to Solving this system with respect to the relative change
limited access to credit in transition and developing in p results in:
countries.
dp 1 dqS
4. he technical eiciency of farms might be con- 5 . (20.10)
p eq,p qS
siderably smaller in comparison to other sectors.
he reasons are again related to the peculiarities According to equation (20.10), the percentage
of agricultural production. Agriculture experienced changes in price resulting from a 1 per cent change
a higher rate of technical change, thus making it in supply will be larger the lower the price elasticity
diicult for many farmers to produce using old of demand in absolute terms. It is often argued that
technology. Further, the steady L outlow might the price elasticities for agricultural products decline
lead to larger heterogeneity in the quality of the with growing income, and hence luctuations in prices
agriculturists, with many farms not achieving their may become even more pronounced in a developed
full technical potential. Finally, many restrictions economy. However, it has to be kept in mind that the
on input use, in combination with tax advantages model derived above was based on the assumption
for keeping up agricultural production and selective that total production in a given period of time had to
investment aids, might lead to a systematic overuse be consumed in the same period. If one allows for stor-
of factors and thus increased technical ineiciency. age, market demand in a speciic period will depend on
demand for consumption purposes in that period and
In short, market failure on land, L markets and markets
on demand for storage. he latter takes into account
for rural inance provide rationales for government
expected prices in future periods and storage costs.
intervention in order to improve the eiciency of agri-
Hence storage leads to an inter-temporal integration of
culture. Promotion of research and extension, as well
markets. If expectations are correct, price diferences
as measures to increase the mobility of land and L, are
between two points in time should not be higher than
most often incorporated in the policy package.
storage costs and a reasonable proit to cover risk and
interest. As storage costs have signiicantly decreased
20.3.4 Stability of markets over time, the inter-temporal price integration should
have become stronger.
Agricultural markets tend to be volatile. he basic rea-
he impact of inter-regional trade on the price elas-
soning has already been ofered by Gregory King, an
ticity of demand points in the same direction. If there
English scientist (1648–1712). He found that a 1 per
were luctuations in regional production, exporters
cent change in grain production resulted in more than
or importers would step in and link regional prices
a 1 per cent change in grain prices. his inding states
to those in other regions. Hence the blessing of a
implicitly that the price elasticity of demand for grain
good harvest would be spread to other regions and the
is less than 1.
curse of a bad harvest would be mitigated by imports
he reasoning can easily be illustrated with the help
from other regions. hus the regional price elasticity
of some algebra. Assume that there is a demand func-
of demand not only depends on demand for con-
tion where demand only depends on the price of the
sumption purposes in the region, but also on prices in
product:
other regions and on transport costs. Transport costs
qD = qD(p) (20.7) have signiicantly declined over the last ifty years,
The Common Agricultural Policy 311
in particular for shipping. It is cheaper to transport by-products. By-products can be ‘bads’, which are non-
grain from the US Gulf to Rotterdam by ship than from marketed goods that lower the population’s welfare, or
Munich to Hamburg by train or lorry. Hence an open ‘goods’, which are non-marketed goods that increase
trading economy would help to mitigate luctuations welfare. Hence policies have to be deined to take care
in regional production. Domestic market policies to of these by-products. Of course, the policy instruments
stabilize price luctuations are less needed nowadays used have to be diferent from those employed in the
than in past centuries. past to raise agricultural income.
he arguments presented may justify governmental
20.3.5 Food safety concerns interference in agricultural markets. As the importance
of individual justiications for intervention has been
Food safety has become a more important element in
changed over time, policies should also have changed.
agricultural policy for many countries. his develop-
However, the change in policies in most countries is
ment may seem surprising to an outside observer. It
not in line with the changes in their rationale. Policies
is questionable whether food has really become less
have pronounced path dependencies. Policy instru-
safe over time: the opposite is more likely. Animals are
ments that have been introduced in the past cannot
healthier nowadays than ifty years ago and new tech-
easily be removed, as any policy change leads to win-
nologies in food conservation and preparation have
ners and losers. he loss often materializes in the short
lowered food risk. Nevertheless, there are new devel-
or medium term, whereas the gain arises in the long
opments that have led to food safety concerns. New
term. Take, for example, a reduction in politically set
technologies that are based on biotechnology have cre-
grain prices. Grain producers will immediately see
ated new production processes and new products that
a loss and lobby against it. Consumers may gain if
are not always safe. Hence control of the food chain
bread prices eventually decline. However, that will
is needed. People are aware that food is not a search
take time, and the gain for the individual consumer
good where one knows the quality of the product.
is quite small compared to the loss for the individual
Instead, many food products are credence goods. he
grain producer. Hence it is much easier to organize
consumer knows neither the quality of the product nor
producers and to lobby against price reduction than
the production process, so has to trust in its quality.
to organize consumers. his fact helps to explain why
However, trust will only be sustainable if food scandals
governments in democratic countries are inclined to
are prevented. Of course, producers and traders have
be more producer-friendly than consumer-friendly. It
a genuine interest in creating and preserving trust, but
also explains why policies are as they are and why
the individual producer or trader cannot control the
present policies are often not in line with economic
complete marketing chain. Moreover, new products,
reasoning. hey are constrained by the past. What has
such as genetically modiied organisms in food and
been decided in the past is relevant for today even if it
feed products, as well as chemical and biological ferti-
is not justiied on economic grounds. he agricultural
lizers and pesticides, have to be tested before they are
policies that were introduced in the 1930s at the time
allowed to enter the market. Hence it is a genuine task
of the Depression often determined the main policy
for a government to take care of this type of market
instruments of recent times. Changes will mainly occur
failure.
if there are binding budgets or external constraints,
such as those of the WTO.
20.3.6 Environmental concerns
In general, concern for the environment has increased
in most countries over time. Hence the impact of agri- 20.4 The birth of CAP and the
cultural production on the environment has become of institutional setting
greater interest. Some countries, in particular EU MSs,
Japan, Norway, South Korea and Switzerland, empha- At the time of its inception, CAP was supposed to be
size the multi-functionality of agriculture. Agriculture a major engine of European market integration; there
produces not only the typical agricultural products, like was a widely held hope that positive integration in
food, feed and renewable primary products, but also agriculture would force other sectors to follow the same
312 Ulrich Koester and Ali El-Agraa
route. However, such expectations have not materi- organizations or of a ‘European’ market organization.
alized; the annual price negotiations for agricultural Indeed it was to take nearly three and a half years of
products made evident the divergence in the national argument after the EEC Treaty was signed to settle the
interests of EU MSs, with decisions being dominated basic principles of a common policy, another three
by compromises between them rather than by EU-wide years (1962–4) to agree on one of the key questions (a
interests. common level of cereal prices) and a further one and a
Agriculture is a special case in the integration proc- half years to solve the second key question (a long-term
ess. As most countries had more or less strong national agreement on CAP inancing).
agricultural policies in the pre-integration phase (see he fact that agreement was reached relects a
Section 20.2, page 307), they were not willing to let strong political commitment in favour of a common
market forces play freely in an integrated economy. Europe by all MSs. National interests diverged con-
Hence positive integration was needed – that is, spe- siderably. Possibly owing to Hallstein, the irst presi-
ciic policies for agricultural and food markets were dent of the European Commission (Commission;
needed at EEC level. In markets for industrial products see Section 3.3, page 40), the price agreement was
a major policy decision was made at the beginning inally settled in 1964. When the Commission irst
of the integration process to dismantle trade barri- submitted the proposal for the uniication of cereal
ers without increasing the external level of protection prices to the Council of Agricultural Ministers (here-
(see Chapters 1 and 23). In contrast, CAP has been after, Council), the Council rejected it and asked for
regulated through fundamental policy decisions made a modiied version, which would more closely match
both at the beginning and throughout this period. individual national interests. Hallstein, a strong per-
Consequently, one can assume that EU agricultural sonality, resubmitted the original proposal after only
markets have been more afected by policy decisions half an hour arguing in favour of the uniication of
than by pure market forces. Europe. He asked the Council to either endorse the
It is argued in the previous editions of this book proposal unanimously or accept the resignation of
that the institutional and organizational CAP set-up the Commission. his contributed to the sense that a
was misconceived from the very beginning. Due to common Europe dominated national interests. Since
this, market forces have played a minor role relative to then, the Commission has never again fought national
political decisions in determining CAP development. interests in favour of Community interests so convinc-
Due to space limitations, the reader is advised to refer ingly and so crucially.
to the last edition of this book; here we concentrate on It seems justiied to investigate how the organi-
the salient points. zational and institutional setting created in the irst
years of CAP has afected CAP evolution. he purpose
is to draw lessons for the prospective design of CAP.
20.4.1 The foundation of CAP: a crucial
Moreover, it should be kept in mind that, at the time
policy failure4
of designing the policy, the importance of organiza-
It is argued at the beginning that European integra- tions and institutions was less obvious than it is today.
tion was not possible on a political level without the Again, due to space limitations, we refer the reader
main countries leading the integration process (France to the previous edition and here highlight the salient
and Germany) partly agreeing on some form of CAP. points.
However, that does not imply that without the specif-
ics of CAP that was then created European integra-
20.4.2 A model of the decision-making
tion would not have happened, otherwise there would
process
hardly be any reason to discuss the ‘misconception’ of
CAP. his hypothesis can be denied, as the EEC Treaty Prescriptive policy decision models assume that
cannot support it; the Treaty foresaw ‘alternatives’ for policy-makers try to maximize a well-deined objec-
integrating agricultural policy and remained vague as tive function, taking economic conditions as a given. It
to the nature of CAP. It could consist of common com- would follow that policies change because objectives
petition rules or of coordination of national market and/or economic conditions change. his model does
The Common Agricultural Policy 313
Actors at EU and
national level
Decision in point
of time t
Institutional
constraints
National EU financial
constraints solidarity
Voting rule
International
constraints
GATT
Decision in point of
time t + 1
We begin with the Council, since it is the ultimate EU First, the welfare of individual countries is afected
legislative body. he Council is designed to represent diferently by increases in common prices for individ-
the national interest; hence each minister is naturally ual products. Second, individual countries may have
expected to act accordingly. But the ministers are, in interests that depart from those of the Community for
most cases, more interested in the welfare of the farm- promoting production growth. hird, countries may
ing population and less in society at large, so they are be more or less inclined to implement Community
not likely to behave diferently in the Council; hence policies.5 It should be noted that integration of coun-
their decisions cannot be in the EU interest. tries might generally have distributional implications
he Commission is supposed to balance the national for individual countries, due to diferences in their
interests in the Council (see Section 3.3, page 40). production and consumption patterns. However, CAP
However, the Commission is a bureaucracy, so it is inancial system distributional efects are policy-made.
most likely to follow the general behaviour of a bureau- Any collective that creates institutions increasing the
cratic organization. According to the indings of the divergence of interests of the individual members
‘new political economy’ (Downs 1957; Buchanan and weakens the viability of the collective.
Tullock 1962), the individual members pursue their
own objectives, taking into account the constraints The principle of preference for agricultural
imposed on them. It is generally accepted that bureau- products
crats prefer policy decisions that lead to more regula- It seemed to make sense to the founders of the agricul-
tions and higher budget expenditure. It would therefore tural product market organizations to embed the pref-
be unusual for the Commission to act otherwise. erence for agricultural products in their basic tenets:
domestic users should exhaust domestically produced
foods before relying on imports. In reality, domestic
20.4.4 Institutions affecting CAP
consumers could do this of their own free will, as
CAP evolution is not only inluenced by the Council they do in many countries for speciic food items.
and the Commission (players); it is even more depend- However, the founders seemed set against consumers’
ent on the institutions set in place. According to North, free choice, preferring external protection as the main
‘institutions are the rules of the game in a society, or instrument for achieving the ‘preference’, since making
more formally, are the humanly devised constraints imports more expensive does increase consumption of
that shape human interactions’ (North 1990, p. 3). It is domestic products. herefore, the preference is tanta-
obvious that the outcome of the game (the shape and mount to external protection of domestic producers.
performance of CAP in our case) not only depends on he realization of this principle was most important
the organizations, but also on the allocation of com- for CAP evolution. First, together with the principle of
petence among the players and the rules they have to inancial solidarity, it created additional divergences of
follow. It will be shown that the main institutions put interests among MSs as it gave rise to invisible intra-MS
into force at the inception of the common market sup- income transfers. Second, the principle’s implementa-
port the protectionist bias of CAP decisions. tion created great pressure on the Council and gave it
much more political clout than existed in other sec-
The principle of inancial solidarity tors. It was accepted from the inception of the market
he principle of solidarity is considered to be one of the organizations that the principle would be enforced by
three pillars of the common agricultural market organi- a system of variable levies on the main agricultural
zations (Tracy 1989, p. 255). Indeed it makes sense to products. Strangely enough, the Council was allowed
inance common activities such as CAP in solidarity to decide annually about the magnitude of preference
– that is, out of a common budget. However, such a given to domestic products, and thus on the magnitude
inancial scheme may create additional divergences in of the external rate of protection.
national interests. Indeed the past and present pattern Due to Council members’ interests and the distribu-
of inancing the EU budget and enjoying the beneits tional efects of the common inancial system, annual
of Community expenditure creates signiicant diver- decisions on the rate of external protection placed
gences in national interests (Koester 1977, pp. 328–45). great pressure on the Council to secure agreement,
The Common Agricultural Policy 315
180
EC producer prices
160
140
Price index (1979 = 100)
100
Growth rate: –6.3%
80
60
40
20
0
1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991
Figure 20.2 Development of EU and world market prices for agricultural products Source: CEU 1994b (p. 17).
especially given the divergent interests of the various whereas MSs have more freedom in conducting struc-
countries. However, the Council had enormous dis- tural policy, although constrained by EU-set rules.
cretionary powers, which could be exerted in favour of Such an allocation of competence makes sense. Market
farmers, opening the door for strong lobbying eforts and price policies rely heavily on the rate of external
by them. It is true that the overall prices for farm prod- protection, and not only are there good arguments for
ucts did fall over time (see Figure 20.2), but up to the having a common degree of external protection for
mid-1990s by less than the aggregate level of world all MSs, but, vitally, the Commission is also in charge
market prices; hence the nominal rate of protection of the common commercial policy (see Chapters 1,
even increased over time, in spite of growing surpluses. 2 and 24). However, supranationalizing market and
It should be noted that external rates of protection have price policies can cause problems for the EU if the
even been increased for products for which there was decision-making body is allowed to set the external
already a surplus in the EEC. External protection could rate of protection annually, and if the members of the
hardly have been justiied for securing the preference. decision-making body, the Council, bias their deci-
Indeed the preference played hardly any role in the jus- sions in favour of farmers. Even if not supported by the
tiication of price proposals and price decisions. It was EEC Treaty, market and price policy has been used as a
only the negotiations in the Uruguay Round (1986–94) means to achieve the income objective.6
that imposed binding constraints on the EU price sup- It is obvious that national interests diverge signii-
port policy (see page 316). Much more important was cantly on the price changes needed to achieve the
the income objective, which leads to a discussion of the national income objective. First, the need to increase
misconceived CAP in terms of the allocation of com- national agricultural income is more related to income
petence between MSs’ and Community organizations, changes in the national economies and less to farmers’
our next point. incomes in other countries. Hence difering growth
rates in overall national income may result in divergent
needs for increasing agricultural income. Second, an
20.4.5 The allocation of competence
increase in institutional prices in EU currency leads to
between member countries and
divergent increases in actual farm gate prices among
the EC
MSs (Colman 1985, pp. 171–87), as the transmis-
he EU continues to be in charge of market and price sion coeicient between institutionalized prices and
policy, and since Agenda 2000 (CEU 1997b; see page farm gate prices varies signiicantly across countries.
30), partly in charge of rural development policy, Allocating the responsibility for the income objective
316 Ulrich Koester and Ali El-Agraa
to the EU, and accepting price support as the main in the 1980s has contributed to an EU ability to change
instrument to achieving it, necessarily enlarges the its CAP. he TFEU has further improved the chances
divergences in national interests with respect to price for a genuine change of CAP. However, the tendency
policy. It could have been expected that price changes to externalize the costs of the decision is still prevalent,
would generally be at the cost of those parties who had but less than in the irst three CAP decades.
no voice in the negotiations – that is, the consumers, he voting rules are of the utmost importance if policy
taxpayers and foreign trading partners. However, EU changes afect the EU inancial system. Individual MSs
policy-makers could not externalize the costs of their check proposals for changes with respect to national
decision without any constraints, and it is to these that implications. Proposals that may improve the rationale
we turn next. As external protection has declined sig- of CAP from an EU perspective would not be likely to
niicantly since the middle of the 1990s, this problem be accepted by the Council if some (important) MSs
has become less important. However, the birth of the were to lose out. Hence the past reforms of CAP tried to
rural development policy has created new divergences stabilize the already established pattern of national and
between national and EU interests (see Section 20.6, regional gainers and losers from CAP.
page 328).
20.4.6 Constraints on CAP policy-makers
The importance of voting rules
Voting rules can be quite important for the behaviour of Foreign trade restrictions
a collective. Article 148 of the EEC Treaty envisaged that From the very beginning, agricultural policy-makers
the Council should generally decide by majority rule. had to take into account restrictions imposed by inter-
However, majority voting is more questionable if voters national trade agreements, principally GATT (see
difer signiicantly in their preferences and if the indi- Chapter 24). he external rate of protection could not
viduals are afected to diferent extents by the collective be increased for some feed imports. his constraint
decision. Accepting the majority rule for every decision had signiicant implications for the other constraints
would give rise to signiicant divergences in national – that is, budget outlays (CEU 1988b), which will be dis-
interest concerning CAP. herefore, two years after the cussed below. he growth of expenditure for the market
irst price decision was made, France demanded that organizations for grain and milk depended directly on
decisions be unanimous in cases that could be con- GATT-imposed constraints.
sidered of vital interest for any single country – hence Actually, GATT could have posed a much more bind-
the ‘Luxembourg compromise’ (see Chapters 2 and 3). ing constraint on CAP policy-makers, had its Article
hus, up to 1982–3, the Council made only unanimous XVI.3 been taken literally. It states that subsidies to
decisions, avoiding minority exploitation. However, it agricultural exports (and other primary commodities)
is well known that groups are well advised to apply this are only allowed provided the exporting country does
rule only for cases that are of the utmost importance, not capture more than an equitable share of world
because the expected external costs7 of such decisions export trade (see, inter alios, Tangermann 1991, pp.
are high. Unfortunately, CAP design implied that policy 50–61). However, a clear deinition of the term ‘equita-
decisions would have quite diferent efects on individ- ble share’ has never been agreed. After the EEC became
ual MSs. Hence it might have been impossible to reach self-suicient for individual products one after another,
an agreement on the individual elements of a proposal exports increased more than world trade, leading to an
presented by the Commission. here has always been increase in the share in world trade.8
at least one loser, possibly the European paymaster, Foreign trade constraints became more binding after
who would have voted against the proposal. However, GATT’s Uruguay Round (1986–94) was inalized. Until
due to CAP speciics, a mechanism for discretionary the late 1970s, the EU and the USA had opposing trade
decisions was built into the system, and it was only fea- interests. he USA, as the main exporter of temperate
sible to decide on packages (logrolling). he outcome zone agricultural products, was from the very begin-
was certainly a compromise among Council members ning interested in high world market prices for them. In
and their decisions were generally not in the interests contrast, the EU, as an importing region, preferred low
of the Community at large. he move to majority voting prices. However, in the late 1970s the EU turned into an
The Common Agricultural Policy 317
exporter of most of these products. Low world market hinder genuine reform. he birth of the ‘second pillar’
prices led to negative terms of trade efects and boosted gave rise to a new set of instruments, which stabilized
export subsidies, which in turn resulted in complaints the distributional lows of EU expenditure and led to
by trading partners. herefore the EU agreed to open a some new instruments, in particular concerning envi-
new trade round with the focus on agricultural trade. ronmental constraints, which increased the intensity of
he outcome of the negotiations was that the EU, like regulation and conlicted with the objective of improv-
other GATT members, had to accept some signiicant ing resource allocation (see Section 20.6, page 328).
constraints in its foreign trade regime, the details of
which are analysed below. The budget constraint
hese restrictions also obliged the EU to change One of the main domestic constraints faced by agricul-
its domestic policies for most agricultural products tural policy-makers is the budget. Even if governmental
(see pages 320–2). Further reforms can be expected expenditure is not an adequate indicator for costs and
after agreement is reached on the ongoing WTO Doha beneits of any policy activity, expenditure plays an
Round. CAP experience indicates that the driving force important role. First, most governments are restricted
behind policy changes is neither rational economic in their total outlays due to limited access to tax rev-
considerations nor internal budgetary constraints, but enue. herefore, the individual expenditure items com-
rather external trade restrictions.9 pete with each other. he minister of agriculture has
One may wonder whether these trade constraints to compete with other government ministers for addi-
might have guided CAP in a more welfare-maximizing tional spending. Second, budget outlays are a visible
direction had they been there at the time of CAP’s indicator of governmental activity. Increasing expend-
inception. he answer would most likely be in the neg- iture on agriculture seems to convey to the public
ative. he constraint has contributed to non-uniform that the government is intervening more strongly in
rates of protection, thus increasing the overall wel- favour of farmers. Of course, this indicator is not at
fare loss incurred from securing for farmers the given all adequate for mirroring the total transfer accruing
income level. he EU, and its main trading partner/ to agriculture. It is well known that European policy-
opponent, the USA, could have enjoyed higher wel- makers relied more on invisible than on visible trans-
fare had EU protection rates been higher (Koester fers before the CAP reform of 1992.10 Nevertheless, the
and Tangermann 1990). It is true that the restrictions general public is more informed on the visible transfers
on the import side for feed and some vegetable oils and hence constrains policy-makers in this respect.
made protection for grain and milk more costly in It was most likely the budget constraint that led to a
economic terms. However, it is doubtful whether this more prudent price policy after the EU had passed self-
had a more than marginal efect on the decisions of suiciency for the aggregate of agricultural products at
policy-makers. the beginning of the 1980s (see Figure 20.3). he budget
Past experience does support the view that the main constraint became even stronger over time since the
driving force of domestic policy changes, the foreign setting up of the intermediate Financial Framework,
trade constraint – more speciically, the pressure of which programmes expenditure for a seven-year
trading partners – has eventually led CAP to adopt period; the present framework runs from 2007 to 2013
a superior resource allocation policy. he Uruguay (see Chapter 19).
Round forces CAP decision-makers to accept a cut in
import tarifs of 36 per cent on average, to reduce the Constraints by non-agricultural pressure
quantity of subsidized exports, to lower the outlays groups
for export subsidies and to reduce domestic support. Governmental interference in the markets in favour
hese imposed changes required great changes in the of farmers places both direct and indirect taxes on
application of CAP instruments (see page 320). Some other sectors of the economy (Koester 1991, pp. 5–17).
of these changes, such as the move to decoupled direct Surprisingly, there was, at least in Germany, a tacit
payments (see page 324), have certainly improved the agreement between the farmers and the industrial-
allocation of resources. However, the institutional con- ists’ unions that CAP should be left to the former. he
straint due to the principle of inancial solidarity did industrialists may have viewed CAP as unimportant,
318 Ulrich Koester and Ali El-Agraa
8000
6000
4000
ECU Million
2000
0
1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991
–2000
–4000
–5000 Year
Figure 20.3 he development of the EU trading situation Source: CEU 1994b (p. 15) Note: Production minus consumption
of PSE commodities weighted by 1979 world market prices (ECU million); PSE being an indicator for the value of gross
transfers from consumers and taxpayers in favour of producers.
given that they were more focused on the divergence in how it developed over the years are advised to turn to
of interests within their own ranks. Some of them earlier editions of this book.
proited greatly from CAP. Hence they did not agree From the outset, the main ingredients of CAP were
on a clear line of opposition to CAP. he attitude of market organizations for individual agricultural prod-
the industrialists’ union changed in the 1980s, when it ucts. hese organizations are built on external and
became frightened of the trade repercussions caused internal trade regulations. Up to 2007 there were
by aggressive agricultural export subsidies. It was only twenty-one common market organizations for indi-
then that they published a clear statement demanding vidual products or groups of products. As price sup-
a less distortive CAP. his supports the view that foreign port, which used to be the most important measure,
trade constraints are most likely the main driving force has become less important since 1993, and has been
for domestic policy changes. gradually substituted by direct payments that were not
One may wonder whether the consumers’ unions part of the market organizations, in 2007 the Council
could play a crucial role in constraining agricultural decided to integrate the twenty-one market organiza-
policy-makers. here is hardly any evidence supporting tions into one single market organization. he main
the role of these interest groups; generally, they seem positive efect is a reduction in administrative costs.
not to be well represented in most countries. Not being Economic costs remain unafected, as there was nei-
well stafed, they lack the information and the power to ther a change in policy measures nor in the intensity
push for policy changes. of their use. Still there is external and internal protec-
tion for most agricultural products, and they remain
unchanged, although on a lower level.
20.5 The market organizations of CAP Farmers often believe that internal market regu-
lations are more important for the performance of
CAP has an extremely complex set of instruments and markets than external trade regulations. However, that
regulations, which have changed greatly since the days is a fallacy. As the main objective of the market organi-
of its inception. Here we concentrate on the present zations is to provide a higher income for farmers, the
system, but with a lavour of the past; those interested main instrument is price support. Domestic prices are
The Common Agricultural Policy 319
Pd
e
Pd t b c
d
t Pw
b a c
Pw
Demand
Demand
qd qs Quantity qd qs Quantity
he system of variable levies continued until 1995, agreed to accept the representative US market price as
when the new WTO rules came into force. WTO agree- the representative world market price. Adding costs
ments required that all NTBs to trade, such as vari- for insurance and freight results in the hypothetical EU
able levies, had to be transformed into tarifs, the term c.i.f. price. As long as this price is lower than the EU’s
employed being tariication. he tarif equivalents of threshold price, and as long as the price gap is smaller
1986–8 had to be lowered by 36 per cent on average, but than the tarif that the EU could apply according to the
by at least 15 per cent for individual commodities. Hence agreement, the EU charges the diference between the
tarif rates should not be higher than the new bound- threshold price and the c.i.f. price. hus the old system
reduced tarif rate. However, as world market prices continued almost unchanged up to 2003. he efect of
were very low in the base period, the EU has had no the regulation is clariied with the help of Figure 20.5.
problems in securing the domestic price at the desired he domestic price is determined for imports in
level. Anyhow, at the last minute the EU managed to get panel (a). Importers can ofer at prices pw plus t, the
a special regulation for those grains for which there are tarif or levy. he supply curve deviates at price pd
intervention prices on the domestic market. According on the domestic market if the importing country is a
to this regulation, the domestic threshold price is set relatively small country. he country generates revenue
at 155 per cent of the domestic intervention price. he equal to (qd – qS) * t (the asterisk is used throughout to
diference between the threshold price and a hypotheti- indicate multiplication). However, the welfare loss for
cal c.i.f. import price (world market price) is charged the country is equal to b plus c.
on imports. he main diference on the grain market If t is a variable levy, as it used to be for most EU
that had to be introduced was the rule concerning the agricultural imports before the Uruguay Round, t varies
threshold price. It used to be a political price that could with the world market price, leaving the domestic price
be set annually at the Council’s discretion. he new rule completely divorced (‘decoupled’, in the jargon) from
sets the price in ixed relation to the intervention price, the world market price. Domestic prices are stable even
and the EU agreed not to increase the intervention price if world market prices vary. If domestic supply falls
during the term of the agreement (1995/6 to 2001/2). short due to a bad harvest, the supply curve shifts to the
Of course, the EU is free to lower the intervention price, left, allowing for a greater volume of imports.
which it did in the year 2000. In 2002 a further change in the import regulations for
he second rule concerned the deinition of the rel- medium- and low-quality wheat was introduced. he
evant world market price. Prior to the agreement, the EU realized that due to high market prices in the USA
EU considered the c.i.f. price to be the relevant ofer based on a bad harvest, import levies had to be set at
price of foreign countries at EU borders. his practice zero. At the same time some Eastern European coun-
caused problems, as imports had declined over time, tries, in particular Ukraine and Russia, had excellent
and hence it was diicult to ind the representative harvests and could ofer wheat to the EU even below the
c.i.f. price. In the Uruguay Round, EU trading partners intervention price. Hence the EU managed to replace
The Common Agricultural Policy 321
the import regulations for medium- and low-quality TA R I F F R A TE Q U O TAS Tarif rate quotas are a new
wheat and feeding barley by tarif rate quotas (see right element in agricultural trade; they were introduced
column on the functioning of these regulations). in the Uruguay Round. WTO member countries have
If the country is an exporter of the product under to allow each other minimum access to their markets,
consideration, the tarif or levy will not determine the amounting to 5 per cent of consumption in the period
domestic market price directly. However, a country 1986–8. hese imports enter the EU market at a lower
cannot be an exporter with prices above pw. Foreign tarif rate than is normally applied. In January 2003
supply would enter the market and drive domestic such a system was also introduced for some grains (see
prices downwards to the world market level. Panel (b) page 323).
of Figure 20.5 shows that part of the tarif may become he efect of this import regulation is clariied with
redundant. he tarif rate could be lowered without the help of Figure 20.5. Panel (a) depicts the situation
resulting in more imports. he country incurs budget of an import case. he country charges the tarif t and
expenditure equal to (qS – qd) * (pd – pw) – that is, b + tarif revenue is t * (qd – qS). If the country has to charge
d + c + e. However, the welfare loss is equal to the tri- a lower tarif rate for within-quota imports, the tarif
angle below the demand and supply curves, b + d and revenue forgone is equal to (t – tq) * q*, where q* stands
c + d. A comparison of panels (a) and (b) clearly shows for the tarif quota. hus the country loses revenue and
that the welfare losses of trade policies are not related enjoys a lower welfare if the tarif quotas are allocated
to budget efects, but only to the price gap between to foreign exporters. If the quota is auctioned, the
domestic and world market prices and the price elas- loss for the country might be minimal; private traders,
ticities of demand and supply. whether foreign or domestic, would be willing to pay a
price per unit of import quota about equal to the difer-
A D V AL OR EM T ARIF F RAT ES here are a few ence between the domestic price and the world market
agricultural products for which the EU charges only an price. he only deviation would arise from transaction
ad valorem tarif – for example, potatoes and tropical costs. Actually, only 12 per cent of tarif quotas are auc-
products, or in addition to other import restrictions. tioned (Skully 1999). he EU does not apply an auction
Ad valorem tarif rates are also used to provide speciic system for any tarif quota.
protection for EU processing industries. Concerning Panel (b), which is more important for EU agricul-
tropical products, the ad valorem tarif is higher for tural markets, shows the export case. It is assumed that
processed products than for raw materials (tarif esca- the domestic price pd is lower than the world market
lation), providing additional protection for the domes- price pw plus the tarif rate t. his is a typical EU situa-
tic processing industry. Ad valorem tarif rates have tion: the tarif was set at the time when the EU was still
to be preferred to speciic tarifs or variable levies if an importer, but having matured to an export situation
the products under consideration are heterogeneous, there are no more imports. he actual tarif rate could
since one levy for a set of highly diferentiated prod- be lowered (by the diference between pw + t and pd)
ucts would lead to undesired distortion in trade lows. without afecting imports – that is, part of the tarif is
Take the case of fruit and vegetables, where ad val- redundant (in the jargon, there is water in the tarif
orem tarif rates are applied. Even a product like cab- rates). he EU has actually bound tarif rates which are
bage is highly diferentiated. If there were one speciic partly redundant – that is, tarifs can be lowered with-
tarif for all varieties or one levy, high-quality products out giving rise to imports. Allowing tarif quota imports,
would enter EU markets at a lower percentage charge the EU has to increase subsidies for exports as pd>pw.
than low-value products. Hence domestic producers hese additional subsidies imply a welfare loss for the
of high-quality cabbage would be put at a disadvantage EU, but only if the tarif quotas are allocated to foreign
compared to producers of lower-quality cabbage. If the exporters.
EU were to introduce alternative speciic tarif rates for
individual qualities, the administrative burden would P R E F E R EN TI A L A C C E S S It is widely agreed that
be very high. Hence it is reasonable to apply variable CAP distorts world agricultural markets. Hence trad-
levies or speciic tarif rates only for fairly homogene- ing partners complained about restricted access
ous products. to EU markets. he EU’s response was to ofer
322 Ulrich Koester and Ali El-Agraa
Price 1 Price 1
S Demand S 2
S2 S
pS
pw
pS
pw
Demand
S S D
q1 q2 q Quantity q1S q2S Quantity
Cut in exported market, where the EU’s share was in excess of 60 per
Price quantity
Supply cent for many years. he share of the wheat market was
no more than 16 per cent in the 1980s.
pd Problems were even more pronounced on the meat
Cut in the amount
of export subsidies market, as export restitutions difered for diferent cuts
a
of meat. hey were the lowest for ofal and were high for
pw
Demand high-quality meat. Hence there was a tendency for false
declaration; indeed the European Court of Auditors
Quantity (ECA) found most fraud to be in meat exports.
Figure 20.7 he impact of subsidized export constraints
Domestic market regulations
exports minus the quantity imported on minimum I N TE R VE NTI O N P U R C H AS E S he efect of interven-
market access s – this is not in the igure (tarif rate tion purchase will be explained for a speciic group of
quotas). products, namely grains. However, the efect is similar
herefore, EU policy-makers were forced to change for other products.
the market regulations for some commodities; before Intervention prices are prices at which intervention
the agreement was signed, the EU had already insti- agencies are obliged to buy in unlimited amounts of
tuted drastic cuts in institutional grain prices of 30 per a speciic product like grain or limited amounts under
cent (the 1992 MacSharry reform) and enlarged the cut certain conditions. hese prices were introduced in
by another 15 per cent in 2000 (CEU 1997a). A further order to stabilize markets. Hence these prices, which
drastic change in market organizations was decided are politically set, were supposed to be below normal
in June 2003, when price cuts for milk and beef were market prices at the time when the market organiza-
agreed upon, and in 2005 for sugar. tions were designed and irst implemented. herefore,
he payment of export subsidies causes more these prices are below the import price (pT) at which
administrative problems than charging imports. If the international competitors can enter the domestic
Commission wants to bridge the gap between domestic market. As long as foreign supply was needed to clear
prices and competitive export prices, it has to know the the EU grain market at a price related to the threshold
relevant export price. However, these prices are not price (pT) (see page 324), the intervention price was
quoted on a market, so instead the Commission has not relevant. Actually, buying in took place only in
to collect information on prices in importing countries some regions, due to market imperfection as long as
and take into account import charges and shipping the EU was in grain deicit. However, gradually the EU
costs (freight, insurance and L costs). his information matured to an exporter of grain and the intervention
is diicult to acquire, in particular for the many dif- price could become the relevant market price if the EU
ferentiated processed agricultural products. Moreover, did not enter the market by paying export subsidies.
the Commission has to know how much of the raw he situation is shown with the help of Figure 20.8. he
material has been used to produce speciic processed domestic demand curve becomes completely elastic
products. Take the case of pasta. Pasta can be produced at the intervention price if private and oicial demand
on the basis of common wheat and eggs or durum does not clear the market at prices above the inter-
wheat. As the price gap for common wheat is smaller vention price. he actual market price will be above
than that for durum wheat, the kind of wheat is impor- the intervention price if the government pays export
tant for quantifying the amount of export restitutions subsidies. hese subsidies raise domestic demand. he
– that is, subsidies. Another case is the export of wheat efect is that the domestic demand curve will be com-
lour. he Commission has to know how much wheat is pletely elastic at a price pI, which is equal to the world
needed to produce one unit of wheat lour. he neces- price plus the subsidy per unit of export. It should be
sary information is not easily available; only the lour noted that the efect of an export subsidy on domes-
mills can provide it, but it is naïve to expect them to tic prices does not depend on the quantity exported,
report it correctly. his may explain why the EU used but on the subsidy per unit of exports. Even if the EU
to be very competitive on the international wheat lour produces a small surplus on a market, as in the case of
324 Ulrich Koester and Ali El-Agraa
Demand
q0 Quantity
Quantity Figure 20.10 Price cuts and direct payments: the case of
grains
Figure 20.8 he importance of intervention prices
%
80
70
60
50
40
30
20
10
0
d
ia
ex A
Ca )
da
ey
nd
nd
ay
(1
(2
(3
re
an
pa
S
al
rk
w
na
U
la
o
EU
Ko
tr
al
Ja
el
or
Tu
er
ic
EC
us
Ze
Ic
N
itz
O
A
M
ew
Sw
N
1986–88 2006–08
Figure 20.11 Support levels in the OECD and selected member countries in % PSE Notes: Data for this igure are available
at the source website. (1) For Mexico, data are for 1991–3 instead of 1986–8. (2) Australia, Finland and Sweden are
included in the OECD total for all years and in the EU from 1995. he Czech Republic, Hungary; Poland and the Slovak
Republic are included in non-OECD member countries. (3) EU12 for 1986–94, including ex-GDR from 1990; EU25 for
2004–6; and EU27 from 2007. Source: Authors’ calculation based on OECD 2009 (www.oecd.org/document/59/0,3343,
en_2649_33797_39551355_1_1_1_1,00.html)
support as measured by producer support estimates price cuts could not last for ever. Hence another ration-
(PSE)11 was fairly stable over time. ale for carrying on with gifts for farmers was needed.
he 2003 Council decision introduced a major Some politicians, supported by the Commission, hoped
change in direct payments, the single farm payment that the prevailing form of direct payments could be
scheme. he Commission had proposed simplifying sold to the public, arguing that these are payments for
the market and price policy by summing up all the farmers’ contributions to a multi-functional agricul-
diferent entitlements of individual farmers by direct ture. It was believed that this reasoning would be more
payments and introducing one single payment, based convincing if payments were tied to the condition that
on past payments, and completely decoupled from farmers use ‘good agricultural practice’, and if some of
production. Moreover, the proposal foresaw making these payments were directly linked to participation in
the entitlement for payments tradable. he Council environmental programmes.
was not able to reach such a wide-ranging agreement. Unfortunately, the new justiication for direct pay-
However, the principle was accepted, but MSs were ments would have been convincing only if it had been
allowed to introduce some coupled payments for some accompanied by a signiicant change in the national
period or to introduce coupled payments when there is and regional distribution of payments. Such a change
a serious drop in regional production. Moreover, coun- had to follow the national and regional needs for a
tries can link payment to area and pay a lat rate at the multi-functional agriculture. However, the distribution
national level, possibly diferentiated with respect to of payments across nations has not been changed: a
arable or grass land. Furthermore, MSs were allowed to change in the gainer and loser situation across MSs was
introduce limitations on the tradability of the payment not acceptable to the Council. Again, this policy deci-
entitlements. sion proves the strong CAP path dependency: policy
he basic idea behind the change was political. It was changes seem to be possible only when the status quo
argued that payments justiied as compensation for of the present pattern of inancial lows between MSs
326 Ulrich Koester and Ali El-Agraa
have an incentive to increase their exports to the EU Figure 20.13 Budget efects of EU demand for domestic
signiicantly at highly protected EU sugar prices. consumption as compared to export subsidization
CONSU MPT ION SUBSID IES EU policy-makers use the demand at price pd. his would have the same
diferent forms of subsidy. Payments for price reduc- efect as lowering domestic prices, say from pd to pd1.
tion as described above are special subsidies. here However, consumer expenditure at price pd1 would be
are others, ofered to reduce production costs, such lower than at price pd if the price elasticity of demand
as interest subsidies for investment or for stimulating were smaller than 1 (in absolute terms), a condition
demand. Let us examine the latter. that deinitely holds for EU butter demand. Moreover,
Consumption subsidies are most important in the if domestic consumers expanded their purchases on
milk market. Some 50–90 per cent of the total annual the domestic market, the exportable surplus would
EU demand for skimmed milk powder has been sup- decline. Hence, revenue from sales to the world market
ported in this way over the past twenty years. he igure declines. hus the area a + b + c would be smaller than
for butter is 15–35 per cent. Hence, without these sub- in the initial situation. Consequently, budget outlays
sidies, the exportable surplus would be much higher. have to be larger to cover producer revenue.
he budget efects of the subsidy schemes are dif- he assessment of the subsidies on butter and
icult to assess. If the alternative was to get rid of skimmed milk powder would lead to a diferent result
the surplus by exporting a higher volume, the answer were welfare efects the focus. he marginal willingness
would be straightforward. If domestic demand for the to pay at price pd is larger than the world market price.
subsidized product is price inelastic and world market Reducing consumer prices through subsidies creates
demand for the additional EU exports is completely additional welfare. he analysis is presented in Figure
elastic (small country assumption), budget outlays 20.14.
would be higher with subsidizing EU demand. he Reducing domestic prices through subsidies
comparison is depicted in Figure 20.13. Total revenue increases demand; the increase in the willingness
for producers is inanced by consumers, export rev- to pay is equal to the bold-bordered trapezoid, but
enue and budget outlays. he original situation for the the loss in revenue is only the rectangle given by the
domestic market price pd is shown in the igure. If the export quantity in the initial situation multiplied by the
government decided to subsidize domestic consumers, world market price. Hence there is an overall welfare
the demand curve would shift to the right, increasing gain. Actually the welfare gain would be even higher
328 Ulrich Koester and Ali El-Agraa
have employed more L with less investment aid and 70 per cent in Greece and 55 per cent in Poland,
the region would have been better of if support had whereas the local governments contribute 31 per cent
not focused so much on agriculture. It is strange that in Germany and nothing in Greece and Poland.
advocating investment in farms is still considered a Fourth, the share of investment costs to be inanced
reasonable instrument for supporting agricultural by MSs and their regions varies largely across countries
competitiveness. here are some evaluations of invest- and regions. he EU contributes up to 75 per cent in
ment aid which clearly show that the overall efect is Objective 1 Regions and up to 50 per cent in Non-
not positive or cannot be identiied when positive. Objective 1 Regions. As the national governments also
Second, the second pillar measures raise the suspi- contribute, but a non-uniform share among MSs, the
cion that policy-makers aimed to compensate farmers remaining residual to be borne by regions varies greatly
for their loss in income due to the enforced reduction (Bergschmidt et al. 2006).
in support provided by irst pillar measures. his suspi- Fifth, the EU deines the programmes, but MSs have
cion is also supported by the created linkage between to implement them. hey have to select the investment
expenditure for irst pillar measures and those for the projects based on the application of individual poten-
second pillar. Direct payments, introduced to com- tial investors, and have to ensure that the investors
pensate the income losses due to price reductions, will have followed the set EU rules. Also, MSs may select
be partly reduced over time and the savings will be the evaluators who have to assess the performance
incorporated into the second pillar measures. Again, of the programmes. Moreover, MSs have to report
this procedure could be a basis for rationalizing CAP, irregularities to the EU and may have to repay some
but only if it were accompanied by a change in the dis- of the inances donated by the EU. It is quite obvious
tribution of funds between countries and regions. Such that there are great diferences in the implementa-
a change would be necessary, since the need for rural tion of the farm investment programmes across MSs,
development measures varies signiicantly between and hence the efects may vary signiicantly across
countries and regions. Such redistribution is not built countries. It is not possible to assess the programme in
into the new scheme. Of course, that would be under- each individual country; we will generally focus on one
standable were the main purpose of the new approach speciic country, namely Germany. However, based on
only to stabilize support for agriculture, even if the term the short survey of the application of the programme
had to be changed. across MSs, some general conclusions concerning EU-
A major problem of the second pillar measures is due wide efects can be drawn.
to co-inancing. he regions have to decide what meas- Policy-makers praise the introduction of the second
ures they want to apply for selected projects. However, pillar as a major step of rationalization of CAP. Indeed,
it has to be agreed by the national centre and thereafter as mentioned above, the move could be a real improve-
by the EU. It is unlikely that the regions base their selec- ment;14 however, the importance of the second pillar
tion on an adequate cost-beneit analysis where they as indicated by the share of CAP expenditure is still
use shadow prices instead of market prices, and thus fairly small (see Figure 20.15), and the impact is in
take into account the economic efects of the measures many cases questionable, partly due to co-inancing,
applied in the region or elsewhere. he selection is but also to the speciics of the measures and the inter-
most likely highly distorted due to the system of co- play among them.15
inancing applied between the EU and MSs, and within
MSs between the national centre and the regions. he
form of support difers across countries with respect to 20.7 The future of CAP
one-time grants, subsidized interest rates, loan guaran-
tees and initial diminution of payback of loans. As already described, there have been speciic driving
hird, rules for co-inancing difer signiicantly forces behind the evolution of CAP. Figure 20.16 clearly
between MSs, concerning most of all the share of total shows that support for agriculture has declined over
investment costs that the regions, MSs and the EU time and the pattern of expenditure has changed sig-
contribute to public inance – for example, the EU con- niicantly. Export subsidies and market support are not
tributes to public expenditure 23 per cent in Germany, dominant any more, but have been replaced by direct
330 Ulrich Koester and Ali El-Agraa
€ billion % GDP
70 0.7%
60 0.6%
50 0.5%
40 0.4%
30 0.3%
20 0.2%
10 0.1%
0 0.0%
1980 1982 1984 1986 1988 1990 1992 1994 1996 1998 2000 2002 2004 2006 2008
Year
consumption, dairy exporters can only pay world new system will be created that does better than the
market prices on the domestic market. If intervention present one in terms of subsidiarity, transparency and
prices are above world market prices there would be accountability.
no exports and the surplus would have to be bought in
by intervention agencies. hat would certainly not be
a sustainable situation. herefore, it can be predicted 20.8 Conclusion
that prices of products presently in surplus would
either fall to the level of world market prices, or to
Since the prospects for change have already been dis-
a higher level where domestic production equalled
cussed, the conclusion should be in the nature of an
domestic consumption. However, the latter situation
assessment of CAP as it has developed over the ive
would probably prove unsustainable in the long run;
decades or so since its inception. Before doing so,
it would imply price ratios on domestic markets that
however, it should be reiterated that the CAP support
are not in line with world market prices. Export prod-
system has become rather complicated, since it retains
ucts would be implicitly taxed relative to products in
the original system for certain products while applying
self-suiciency or imported. It would be rational from
new methods for others and/or building them on top
an economic point of view to move to world market
of the old ones.
prices for all products. hus the new regulation, allow-
Judged in terms of the need at the time of EEC for-
ing no payments of any export subsidies, might open
mation for a common policy, CAP is obviously a suc-
the door for pressure to liberalize agricultural markets
cess. Also, judged in terms of its own objectives, the
completely.
policy-makers agree that it seems to have had several
hird, the 2003 CAP reform did not completely
successes. However, it is questionable whether CAP
achieve its objective, namely the complete decoupling
has contributed to its own objectives, let alone to its
of payments. he inal agreement allows MSs signii-
overall goal.
cant leeway in implementing the new system. here
Any assessment of a policy cannot just focus on the
are only few countries that follow the basic idea of
development of speciic variables, such as productivity
the proposal by the Commission. National deroga-
or income. Instead, it has to be based on a compari-
tions may be needed in order to allow for diferences in
son of ‘with’ and ‘without’ CAP. he situation ‘with’ is
national interests due to the homogeneity of the coun-
easy to observe; not so the situation ‘without’, since
tries. However, the present variation in implementing
one has to specify what alternative policy would have
direct payments conlicts with WTO objectives and
been in place (one would need a reference situation
also distorts the production pattern within the EU. For
or base line: the anti-monde discussed in Chapter 9).
example, model calculations show that suckler cow
Second, the efects of this alternative policy would
production is declining in Germany due to complete
have to be analysed. he irst point certainly contains
decoupling, but increasing in France due to partial
a value judgement, as there is no consensus on how
decoupling (Küpker et al. 2006). It is hardly credible
to specify the alternative policy; if analysts based their
that WTO members would allow a continuation of this
assessment on diferent reference systems, their results
policy, and some member countries may also ask for
would necessarily difer. If, for example, agricultural
changes if they realize the distortive efects.
policy-makers claim that there is no alternative to the
Fourth, further EU enlargements are likely (other
given policy, they implicitly assess present costs as
Balkan countries and possibly even Turkey; see
zero.
Chapters 1 and 2). It is questionable whether some
Here it is assumed that the alternative would have
NMSs, as well as the prospective ones, have the admin-
been a less protective CAP. What, then, would have
istrative capacity to apply CAP in its present form.
been the efects of CAP according to the objectives
hese fears concern most of the second pillar meas-
mentioned in the treaties?
ures. he ECA has stated many times that there are
many irregularities and even frauds accompanying the 1. Efect on agricultural productivity. Assume that
implementation of these measures. Hence improve- there is a production function, as mirrored in Figure
ment in governance is strongly needed. Hopefully, a 20.17. Given factor input F0, production would be q0,
332 Ulrich Koester and Ali El-Agraa
Of course, what the electorate would accept would 3. the inluence on non-agricultural pressure
depend, among others things, on information about groups.
the alternatives and their efects. Perhaps economists • CAP has an extremely complex set of instruments
should have been more forceful in addressing both the and regulations, which have changed greatly since
population at large and politicians on this alternative, the days of its inception, but the chapter deals only
but could their academic performance match farmers’ with the present ones:
political clout? 1. import regulations, which comprise variable
It has been shown that there is a strong path depend- levies and speciic import tarifs, ad valorem
ency in agricultural policy, since the decisions taken tarifs, tarif rate quotas and preferential access;
at the outset have inluenced ensuing development. It 2. export regulations, especially since the conclu-
is arguable whether policy-makers had an alternative sion of GATT’s Uruguay Round in 1994; and
at that time. MSs had to be convinced to give up their 3. domestic market regulations, which include
national autonomy in agricultural policy and there intervention purchases, direct payments, pro-
was only a little political leeway left: it was necessary to duction quotas and consumption subsidies.
incorporate agriculture into the European integration • CAP has a rural development policy that was for-
scheme. Policy-makers achieved this at the beginning, mally created under Agenda 2000 reforms and was
but the evolution of the policy has not much improved termed the second pillar of CAP. Some of the policy
the situation. National markets are not well integrated instruments have been in place as part of EU struc-
because of quotas for milk, sugar and tobacco, and tural policy since the 1970s and 1980s, but most of
also because of EU expenditure constraints, such as them were introduced in the 1990s.
limits on direct payments. Nevertheless, the Council
decisions of June 2003 create hope for improvement, at
least with regard to the main pillar of CAP. Questions and essay topics
13. Evaluate the proposition that EU farmers would 5 See, for example, the divergence in national interest
have fared better without CAP. for implementing the set-aside programme (Koester
1989b, pp. 240–8).
6 It should be noted that Article 33 of the treaty neither
FURT HER REA D I NG mentions that policy-makers are supposed to achieve a
speciic income objective, nor states that prices should
Koester, U. and Senior, S. (2010) ‘PILLAR II: a real improve-
be set to contribute to the achievement of the income
ment of the CAP?’, in N. S. Senior and P. Pierani (eds.),
objective.
International Trade, Consumer Interests and Reform
7 Expected external costs are deined as disadvantages
of the Common Agricultural Policy, Routledge Studies
to an individual due to constraints imposed on the
in the European Economy, Oxford University Press.
individual by collective decisions.
8 his point is discussed in more detail and empirically
N O TES supported in Koester and Tangermann (1990).
9 Indeed this observation should not be surprising for
1 A rough indication of the average levels of income students of public choice. Western democracies have
for farmers, relative to the incomes of those in other strong pressure groups, which strongly resist funda-
occupations, can be obtained by comparing the share mental changes.
of agriculture in total labour force and national output. 10 he invisible transfer, due to producer prices being
Such a comparison indicates that at the time of EEC higher than import or export parity prices, was con-
inception, average agricultural incomes in the three siderably higher than the visible transfer before CAP
largest countries (France, Germany and Italy) were reform; see Ballenger, Dunmore and Lederer 1987.
only about 50 per cent of those in other occupations 11 he producer support estimate is a measure used to
(Ritson 1973, p. 96). indicate by how much farm income is increased by
2 ‘Agricultural incomes have risen, but in France, governmental interference.
Germany and Italy there is little evidence that the gap 12 DEFRA 2006.
in incomes between agriculture and other occupations 13 Ibid.
has diminished’ (Ritson 1973, p. 97). 14 See Koester and Senior 2010.
3 hat is, a country that has no impact on world prices. 15 Ibid.
4 A policy failure indicates that policy decisions have
reduced welfare for society at large.
The Common Fisheries Policy
21 AL I E L - AGR AA
8
Tonnes live weight (million)
7
6
5
4
3
2
1
0
EU27
Austria
Belgium
Bulgaria
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Ireland
Italy
Latvia
Lithuania
Luxembourg
Malta
Netherlands
Poland
Portugal
Romania
Slovakia
Slovenia
Spain
Sweden
UK
1997 2005
2000 2008
Figure 21.1 EU ish catches
21.2 Understanding the isheries for, respectively, the data for 1997–2008 and the per-
industry centages for 1993 and 2008.
In 2007 (latest) 1.3 million tonnes, valued at 3.2 bil-
he isheries sector, comprising ishing, ish process- lion euros, or about 20 per cent of the total volume of EU
ing and aquaculture, is small in the EU. Measured in isheries production, was by aquaculture. Aquaculture
terms of output and employment, even when associ- is a growing industry worldwide, and to some extent
ated activities are taken into consideration, the sector it compensates for the decline of sea isheries. Even
accounted for 1 per cent of EU GDP in the early 1970s, so, the EU as a whole imports more ish (5.7 million
but less than half a percentage point by 2009.1 EU tonnes in 2008) than it exports (1.8 million tonnes),
employment in the sector has been in steep decline: 1.2 with only Denmark, Estonia, Ireland, Latvia, Lithuania,
million in 1970 in the EU15 (that is, the EU before the the Netherlands and Malta having positive trade bal-
2004/7 enlargements), coming down to about 400,000 ances in ishery products in 2008 (see Table 21.A3 of the
in 2009 for the EU27, or about 0.4 per cent of total statistical appendix). For a longer perspective on the
employment. Despite this, the EU ishing industry is trade balance, Figure 21.2 covers the period 1988–2007.
the world’s fourth largest, producing 6.4 tonnes (live Figure 21.3 shows that the major export items in 2008
weight) annually, or 4.6 per cent of the global total; were: bluein tuna (82 per cent of which went to Japan,
China leads with 32.8 per cent, followed by India and with 8, 7 and 3 per cent heading for Panama, the USA
Peru, with 5.2 per cent each. What is even more striking and South Korea respectively); lours, meals and pellets
is that although isheries are only a small sector of the of ish; saltwater ish; and frozen mackerel. And Figure
EU economy, the activity tends to be concentrated in 21.4 reveals that the major import items were: fresh
peripheral regions where there is often little alterna- and chilled Paciic salmon (95 per cent of which was
tive employment. he pain has been unevenly spread, supplied by Norway and 5 per cent by the Faroe Isles),
depending on the type of catch, and the four largest frozen shrimp and canned tuna.
producers – Spain (15.84 per cent of total catches and he industry and its representatives tend to be highly
aquaculture), France (12.34 per cent), the UK (12.27 fragmented. In any one country ishermen are divided
per cent) and Denmark (10.62 per cent) – account for among types of ishing (long distance or inshore) and
over half the EU catch. See Figure 21.1 for a comparison structure of ownership (individual, family, conglom-
of the catches for selected years and note how the four erate). Modernization has been asymmetric across
countries stand out. See also Tables 21.A1 and 21.A2 of the EU and there is a growing gulf between artisanal
the statistical appendix on the accompanying website ishing and the highly technological deep-sea leets.
The Common Fisheries Policy 337
20,000
15,000
10,000
5,000
€ million
1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007
Year
–15,000
–10,000
–15,000
–20,000
Import Export Balance
Figure 21.2 Extra-EU trade in ish and ishery products, 1988–2007 Source: Eurostat 2010g
Horse mackerel 4%
Frozen mackerel 4%
As with agriculture (see Chapter 20), the diversity of Community to devise structural aid for their isher-
the sector adds to the diiculty of constructing an ies. However, the real drivers for the establishment of
efective common policy. his has been compounded the CFP were changes in the international situation
by the political salience of the issue. he dangerous and the impending enlargement to include Denmark,
and to some extent romantic nature of the occupation, Ireland, Norway and the UK.
the strong sense of community and, in recent years, Historically, states had ownership over narrow ter-
the linking of ishing not only to regional, but also, in ritorial waters (typically 3–4 miles) and competed
some cases, to national identity, has meant that ishing for stocks on the high seas that were deemed to be
interests often carry disproportionate weight within common property. his practice was workable because
the EU. stocks were plentiful and ‘belonged’ to no one until
Fisheries were included in the deinition of agricul- they were caught. he increasing technical capacity of
tural products in the Treaty of Rome (see Chapter 20 ships in the post-Second World War period, and the
and Article 38.1 of the Treaty on the Functioning of growing awareness of threats to stocks, meant that this
the European Union, TFEU), and the two industries regime began to be questioned. During the 1960s, there
do have much in common. Both are subject to price was an agreement that any vessel could ish anywhere
instability: in the case of isheries, this is because of the outside a 12-mile coastal limit, which was reserved for
highly specialized human and physical capital in the the country whose coast bordered this zone or for states
industry, making its short-term supply highly inelastic, that had ished there historically. However, prompted
and also because ish has a rather low price elasticity. by unilateral action by Iceland in 1970, claiming exclu-
Both have low income elasticities for their products sive ishing rights within 50 miles of its coast, the
and both are prone to random shocks from natural United Nations (UN) decided in 1976 that any state
causes over which there is little control. During the could establish an exclusive economic zone (EEZ) in
1950s both sectors were made up of large numbers of waters up to 200 nautical miles from its coastline.
small, self-employed producers. Both policies are set his policy (eventually ratiied in 1982 under the
within an international regulatory framework and face UN Convention on the Law of the Sea) had dramatic
the challenges of internationalization, globalization, implications for EC MSs, most of which had tradition-
and increasing environmental and consumer pressure. ally ished far from their shores in deep-sea waters.
here are, however, fundamental diferences between he EC responded by setting up its own EEZ in January
the two sectors. Agriculture is about managing excess, 1977. Once the decision had been taken by the EC to
while isheries is about managing scarcity. Fisheries set up an EEZ, policy-makers had to evolve a system for
interests are much more difuse and poorly organized distributing the stock among MSs (for further details,
at the EU level. Finally, and most importantly, the see Wise 1996).
nature of ownership of resources is much more iercely he second factor precipitating the develop-
contested in isheries than in agriculture. ment of the CFP was the impending enlargement of
he development of the CFP followed a pattern typi- the Community to include the ish-rich nations of
cal of many other policy areas: authority for the policy Denmark, Ireland, Norway and the UK. hese coun-
was vested in the Treaty of Rome; general principles tries had large ishing stocks and the existing states
were laid down some years later; and the detailed were obviously keen to establish the principle of ‘equal
aspects of the policy were negotiated subsequently access’ to ish-rich Community waters before enlarge-
over many years, with successive enlargements and ment took place. A policy was quickly hatched so that it
the changing international framework acting as cata- became part of the acquis communautaire that the new
lysts for policy change. In the early 1960s ish stocks states had to accept on joining. In 1970 an agreement
were relatively evenly spread among the six MSs and established the right to equal conditions of access to
there was little international regulation of ishing. By ishing grounds and set the guidelines for a common
the mid-1960s, the French and Italian governments structural policy. It also laid down some provisions
became aware that their industries were becoming for conservation measures and for inancial aid for
increasingly uncompetitive, especially compared to the restructuring the industry. While the UK, Denmark
German ishing leet, and began to put pressure on the and Ireland strenuously opposed the equal access
The Common Fisheries Policy 339
principle, the issue was not high enough up the politi- very diicult. he case of ‘quota hoppers’ is interesting
cal agenda for it to jeopardize the long-awaited and because it is an example of a free market principle at
much disputed EC membership. In the end, Norway work within isheries, and shows the tension between
declined to join the EC, partly because it feared the supranational rules and national identities (Lequesne
efects of the equal access principle on its isheries (see 2000b).
Chapter 2). he CFP did not come into force fully until Until the 1990s the main objective of the CFP was to
1983, when it was successfully negotiated because of manage catches so as to ensure an equitable access to
the impending accession of Spain and Portugal. hese supplies across MSs, rather than to promote the wel-
two countries had larger leets than any of the exist- fare of the marine system, and isheries were viewed
ing MSs and had also lost much of their long-distance more as an economic good than as a natural resource
ishing opportunities in the 1970s. However, pressure (McCormick 2001). Conservation of resources was not
from the UK, France and Ireland meant that Spain and an issue until 1983, and it is only since the mid-1990s,
Portugal were prevented from having equal access to under conditions of severe decline in stocks, that there
EC waters until 2002. has been any serious attempt to develop an ecosys-
he current CFP has evolved in response to a number tem approach to stock management. his shift towards
of factors: biological (the condition of stocks), eco- a more precautionary approach to isheries was also
nomic (the Single European Market, SEM (see Chapter inluenced by the changing international agenda and
7), and trade liberalization) and political (the protec- the growing importance of environmental groups.
tion of national interests and enlargement) (see Wise he search for equity and uniformity at the European
1996). he CFP and its interpretation by the European level led to a highly complex system of rules and regu-
Court of Justice (ECJ) is guided by two key principles: lations. Supericially, the policy is marked by its cen-
equal access to ishing grounds within the common tralization, with a reliance on regulations rather than
pond (with the exception of 6- and 12-mile coastal directives (for deinitions, see Section 3.4, page 43).
strips and special derogations such as the North Sea In practice, however, there is a great deal of diversity
box around Shetland); and relative stability, which and unevenness of implementation and enforcement
ixed the rights of MSs’ access to waters. Relative stabil- across MSs.
ity, which is a highly contentious principle within the
CFP, and which in fact distorts the principle of equal
access, is based on historic ishing patterns and spe- 21.3 Policy objectives
cial interests. For example, in 1983 the UK received an
additional cod quota to compensate for the losses from he CFP negotiated in 1983 gave the EU considerable
the Icelandic stocks that it had traditionally ished. leeway to prescribe detailed sets of rules for four main
he ECJ has, over the years, maintained the prin- policy areas: marketing, structure, conservation and
ciple of non-discrimination in isheries by upholding external relations.
the right of non-nationals to buy vessels (and hence a Under the marketing policy, isheries are subject to
proportion of ishing quota) from other MSs. Typically, similar principles to agriculture, including common
Spanish (and in some cases Dutch) owners have marketing standards, the institution of a price support
bought UK vessels, thus entitling them, for example, to system and the establishment of producers’ organi-
ish hake in Irish waters and land their catches directly zations (POs). POs play a key role in many states –
in ports in north-west Spain. his practice is highly for example, in the UK, the twenty2 POs decide the
controversial, and states such as the UK and France allocation of quotas and the granting of licences and
have retaliated by tightening up on licence regulations. permits. he marketing policy is commonly viewed
he ECJ has now stipulated that there needs to be an as one of the few successful parts of the policy and
economic link between coastal communities and ves- has been little modiied over the years. Until recently,
sels that have access (through lags of convenience) to consumer interests have not played a large part in the
national quotas by insisting that a certain percentage CFP, but since the mid-1990s there has been growing
of ish caught is landed in the home port. In prac- pressure on the industry to deliver fresh and whole-
tice, policing such complex arrangements has proved some ish. his is part of a changing culture within the
340 Ali El-Agraa
110
100
90
Number of vessels 1/1000
80
70
60
50
40
30
20
10
0
01.01.92
01.07.92
01.01.93
01.07.93
01.01.94
01.07.94
01.01.95
01.07.95
01.01.96
01.07.96
01.01.97
01.07.97
01.01.98
01.07.98
01.01.99
01.07.99
01.01.00
01.07.00
01.01.01
01.07.01
01.01.02
01.07.02
01.01.03
01.07.03
01.01.04
01.05.04
01.07.04
01.01.05
01.07.05
01.01.06
01.07.06
01.01.07
01.07.07
01.01.08
01.07.08
01.01.09
01.07.09
Figure 21.5 Evolution of the number of vessels in EU ishing leet, 1992–2009 Note: he increse in the number of vessels in
1998 is due to the inclusion of vessels registred in the French outermost regions in the EU Fishing Fleet Register. Source:
Eurostat 2006b
food industry in general, but also relects the activi- 1983 to the introduction of multi-annual guidance pro-
ties of pressure groups in the area. An example of a grammes (MAGPs), designed to link structural and
more environmentally oriented outlook is the initiative conservation policy. Increasingly, MAGPs are used to
between the multinational Unilever and the World achieve efort limitation and reduction rather than
Wide Fund for Nature to set up the Marine Stewardship leet renewal, although they seem to have somewhat
Council. his council supports more responsible ish- limited efectiveness in this role (Suris-Regueiro et al.
ing by giving certiication to processors who restrict 2003) (see Figures 21.5 and 21.6). he targets put for-
their purchases to ish that are being managed sustain- ward by the Commission under MAGPs are vigor-
ably. Although this has been criticized by some as a ously debated, and invariably moderated upwards, by
marketing gimmick, the council has been quite suc- isheries ministers, who are keen to ensure that the
cessful in raising the public’s awareness in campaigns burden of cutback is as small as possible and is fairly
such as ‘dolphin-friendly’ tuna. distributed among MSs. Financial assistance for com-
Structural assistance for ishing was instituted in munities dependent on isheries was integrated into
1970 to ‘promote harmonious and balanced develop- a single Financial Instrument for Fisheries Guidance,
ment’ of the industry and the ‘rational use of marine renamed the European Fisheries Fund (EFF) in 2007,
resources’ (Holden 1994). Until the mid-1980s, the which forms part of EU structural funds (see Chapters
key aim of the structural policy was to invest in the 19 and 21). EU aid for ishing (see Figure 21.7 and Table
European leet in order to catch more ish. However, 21.A4 of the statistical appendix for the assistance, and
over time the structural policy has become more lex- Box 21.1 for explanation) now systematically requires
ible and more integrated with other aspects of the some form of co-funding from MSs. Financial assist-
CFP. A growing awareness of the damage that over- ance cannot be given if states have failed to meet their
capacity was having on Europe’s ish stocks led in decommissioning targets.
The Common Fisheries Policy 341
kW EU27 GT EU27
kW EU25 GT EU25
kW EU15 GT EU15
9000
Total engine power in kW/1000
kW EU12 GT EU12
8000
1000 500
0 0
01.01.92
01.07.92
01.01.93
01.07.93
01.01.94
01.07.94
01.01.95
01.07.95
01.01.96
01.07.96
01.01.97
01.07.97
01.01.98
01.07.98
01.01.99
01.07.99
01.01.00
01.07.00
01.01.01
01.07.01
01.01.02
01.07.02
01.01.03
01.07.03
01.01.04
01.05.04
01.07.04
01.01.05
01.07.05
01.01.06
01.07.06
01.01.07
01.07.07
01.01.08
01.07.08
01.01.09
01.07.09
Figure 21.6 Evolution of EU ishing leet capacity, 1992–2009 Note: he apparent tonnage increase registered between
1999 and 2001 is due to the transition from national tonnage systems to the EU system. On average, a vessel’s tonnage on
GT is greater than its tonnage measured in national units. he increase in engine power in 1998 is due to the inclusion of
vessels registered in the French outermost regions in the EU Fishing Fleet Register. Source: Eurostat.
1200
1000
€ million
800
600
400
200
0
Austria
Belgium
Bulgaria
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Ireland
Italy
Latvia
Lithuania
Luxembourg
Malta
Netherlands
Poland
Portugal
Romania
Slovakia
Slovenia
Spain
Sweden
UK
Series1
he aim of conservation policy, which now forms monitor stocks and their relative health by setting a
the core of the CFP, is the responsible exploitation precautionary level of spawning stock biomass (SSB
of living marine resources on a sustainable basis – total weight of a species capable of reproducing)
(Council Regulation nos. 170/80 and 3760/92), taking for each ish type, below which stocks should not be
into account its implications for the marine ecosystem allowed to fall, and a precautionary ishing rate above
and socio-economic implications for producers and which the EU leet should not go. Scientiic evidence is
consumers. here are two main conservation policies: often iercely contested by ishermen on the grounds
quotas and total allowable catches (TACs); and techni- that it is out of date and is not suiciently sensitive to
cal instruments. changing conditions. Fisheries science does depend
TACs are now used as a means of conserving stocks, on highly complex biological and economic model-
although they were originally introduced as a means ling. he inter-related life cycles of many ish (approxi-
of allocating shares of available resources to MSs. he mately 50 per cent of ish are eaten by other ish or
Commission bases its policy recommendations on marine predators), the multi-species nature of most
information received from the International Council stocks, and the complex nature of the ecosystem mean
for the Exploration of the Seas (ICES). ICES scientists that predicting ish stocks, either through scientiic
342 Ali El-Agraa
• Axis 1: Adaptation of the EU ishing leet to the available resources, which provides aid for permanent or
temporary cessation, small-scale coastal ishing, investments on board ishing boats, and the like.
• Axis 2: Aquaculture, inland ishing, processing and marketing of ishery and aquaculture products, which
advances productive investments in aquaculture, aqua-environmental measures, public health measures,
and so on.
• Axis 3: Measures of common interest, assisting the protection and development of aquatic fauna and lora,
promotional campaigns, transformation of ishing vessels for a diferent use, and so on.
• Axis 4: Sustainable development of ishing areas by assisting local projects for sustainable development,
diversiication of economic activities, and so on.
• Axis 5: Technical assistance intended to facilitate the implementation of aid from the EFF to inance the
work of public services, which manage the funds, and so on.
data or through experiential knowledge, remains fun- with non-member states (NMSs; see Chapter 24).
damentally uncertain. hese include reciprocal arrangements over ishing
he advice provided by national teams reporting rights, access to surplus stock, access to stock in return
to ICES is assessed by ICES’s Advisory Committee on for inancial compensation and, more recently, the
Fisheries Management (ACFM) and the Commission’s development of joint enterprises. he EU currently has
Scientiic, Economic and Technical Fisheries agreements in place with some thirty countries (for
Committee (STEFC). he Commission then tries to more details, see Lequesne 2005). he EU’s external
strike a balance between the ICES advice and what is policy has become more important with the shrink-
likely to be politically acceptable when it draws up pro- ing of the EU’s own resources (see Chapter 19). It has
posals on quotas and TACs for the December meeting come under heavy criticism from environmentalists
of the Council of Fisheries Ministers. Once the minis- and from the European Parliament (EP), because it
ters have agreed TACs, it is the responsibility of MSs to has been seen as exporting the EU isheries problem by
share out the quotas among their ishers and to enforce exploiting the resources of developing countries. here
these quotas. is little coordination between the external aspect of the
A second element of conservation policy is techni- CFP and the EU’s international development policy
cal conservation. hese measures include: minimum (see Chapter 25).
mesh sizes; minimum landing sizes; catch limits; selec-
tive gear, including square mesh panels and escape
hatches for undersized ish; limits on the length of 21.4 Policy process
beam and size of drift nets (since 1 January 2003 a ban
on drift nets for tuna and swordish has been in place Fisheries policy-making is characterized by a multi-
to remove the negative impact on dolphins and other level system of governance, ranging from the inter-
non-target species); tonnage/power regulations; and national arena, where a legal framework is set by
the closure of ishing grounds for part of the year. the international isheries regime, to the European,
In external relations the Commission has the sole national, regional and local levels, which are responsi-
power to negotiate and conclude isheries agreements ble for the implementation and much of the monitoring
The Common Fisheries Policy 343
of policy. At the core of this policy-making process lie by 60 per cent and plaice by 5 per cent. CFP reform and
the supranational institutions of the EU – the EP, the the management of the stock crisis at the end of 2002
ECJ, the Commission and the Council (see Chapter were marked by interventions from, among others,
3). he EP only has a consultative role in the CFP, then British prime minister, Tony Blair, and French
but its Fisheries Committee is becoming an increas- president, Jacques Chirac, on behalf of their ishermen.
ingly important player in shaping policy and in liaising Once the policy recommendations are made they
between ishers and the Commission. he ECJ has also are passed on to MSs, who then share out the nation-
been active in isheries policy, with landmark decisions ally allocated quotas. MSs are also responsible for the
made upholding principles of non-discrimination in implementation and monitoring of a large number
the isheries sector. Historically, the key interests in the of technical and conservation measures, such as the
isheries sector have been ishers and industry repre- days-at-sea regulations, tonnage and gear size regu-
sentatives, but increasingly environmental groups and lations, minimum landing sizes and vessel capacity.
consumers are entering the policy arena. Responsibility for the implementation of policy falls
he policy-making process for isheries is as fol- to a variety of national, regional and local agencies
lows. Policy initiatives come from the Commission’s across MSs. hus, although the December 2009 Lisbon
DG Fisheries, renamed Maritime Afairs and Fisheries Treaty assigns the EU exclusive competence for the
(MAF) in 2009, which makes proposals against a back- policy of isheries conservation, to be decided by QMV
ground of scientiic advice provided by international in the Council, in reality MSs are fully involved. his
scientists. MAF will typically consult with its advi- complexity of institutional arrangements adds to the
sory committee, regional isheries interests and other unevenness of policy implementation across the EU
Commission directorates. his policy process is very (Lequesne 2005, p. 368). One of the key CFP diiculties
complicated and can be inaccessible to many ishers, is ensuring that ishers comply with the rules. here are
who are not part of an established policy community. a number of reasons for non-compliance. First, some
Proposals from MAF are typically watered down in the operators ignore the regulations because adherence
Council, where MSs advocate on behalf of their isher- may be too costly (especially when proit margins are
men. Policy within the Council is largely decided on the small), they are too complex to work out, too bureau-
basis of qualiied majority voting (QMV; see Chapter 3), cratic to comply with or quite simply too diicult to
leading to a series of trade-ofs and bargains between implement in small craft. Second, many regulations
MSs. have technical inconsistencies. Finally, many rules are
he inal policy emerging from the Council seldom simply ignored or louted.
relects the scientists’ advice because of the way this is here are about as many ways of louting CFP rules
supplied (Daw and Gray 2005), bargained and traded as there are rules to keep. hree key problems are
through an intense political process (see Ritchie and the landing of illegal or ‘black’ ish, discarding ish
Zito 1998; Payne 2000; Lequesne 2005). he example back into the sea and the misreporting of information.
of the evolution of a policy to cope with the 2002 stock ‘Black’ ish are landed illegally and are not reported as
crisis illustrates this point. landings at the designated port, or are landed at other
When it came to advising on TACs for 2003, ICES EU ports or outside the EU, where no record is taken.
and the STEFC recommended a moratorium on the Landing illegal ish not only depletes stocks, but also
cod ishery and the cod-related isheries of whiting undermines the accuracy of stock and TAC predictions,
and haddock. In view of the likely detrimental social which is a particularly serious problem when stocks
and economic impact, the Commission recommended are in decline. A second problem is the discarding of
to Council a substantial reduction in cod and related ish that are not the right size or species. his is a major
TACs. he Council, at the December 2002 meeting, problem within the CFP, with estimates of 50 per cent
set the 2003 TACs for the three stocks at substantially for some catches. Discarded ish are a waste and also
higher levels than the Commission had recommended. a major pollutant of the marine environment. Again,
he eventual decision (Council regulation (EC) no. discarding is to some extent caused by the rigidity of
2341/2002 of December 2002) saw a 45 per cent cut in some CFP rules, such as the requirement for single-
the cod TAC. Haddock was cut by 50 per cent, whiting species landings in some areas. he inal key group of
344 Ali El-Agraa
problems are misrecording or misreporting stock, or major EU isheries regions, which led to more in-depth
misdeclaring species in catches that are legally landed discussion of governance and institutional questions.
in other respects. All this creates havoc with the science In March 2001, on the basis of these two consulta-
on which the decisions on quota allocations are mainly tions, the Commission launched a consultative Green
based. Paper (GP1) on CFP reform, with open invitations for
his discussion of the policy process has shown that evidence and comment. Over 300 submissions were
efective collective solutions and radical policy change made from stakeholders, ranging across inshore and
are inhibited by national and political interests, and deep-water ishermen, processors, anglers, environ-
that the policy structure leads to short-term political mentalists, the food industry and consumer organiza-
interests shaping policy. One of the main problems is tions. Finally, the Commission held a public hearing
that while the Commission is trying to efect a medium- in Brussels in June 2001, which was attended by 400
term policy, TACs and quotas have historically been delegates from across the EU. his hearing gave par-
negotiated annually. Another problem is that repre- ticular emphasis to whether management of the CFP
sentatives of the ishing industry have little direct role should be regionalized. he polarity of views expressed
in the decision-making process (Symes 1995). Finally, ranged from an anti-regionalist perspective adopted
procedures and guidelines are misunderstood, ignored, by the Spanish contingent, to a proposal for a full
circumvented, falsiied or merely louted (Cann 1998). regionalization of decision-making powers put for-
One of the Commission’s responses to this problem has ward by the British, Dutch and Swedish delegates.
been to put forward more controls. his has served to Other key issues discussed, which elicited mixed and
further alienate the ishers. polarized responses, were the privatization of the
CFP (through the introduction of a form of individual
transferable quota) and issues of enforcement and
21.5 Reform of the CFP? compliance.
On the basis of the numerous consultation exercises
he CFP has in many ways been in a process of reform and GP1, the Commission drew up a reform of the
since 1983, with the EU’s Mediterranean enlargement, CFP. his was put to the Council in December 2002
when a commitment was given to review the CFP and, and a Council Regulation followed on 20 December,3
in particular, the principle of relative stability in 2002. generally referred to as Basic Regulation (2371/2002).
he promised reform and renegotiation of the CFP was he reform, hence the Regulation, inevitably repre-
to some extent delected by the emergency measures sented a compromise between the diferent views
that had to be put in place to deal with the crisis in (above), especially on highly charged issues such as
stocks, and many commentators were disappointed by regional management. On the issue of the privatiza-
the limited changes proposed, particularly given the tion of quotas, the Commission did seem to have taken
range of interests consulted during the drawing up of note of the majority opinion during the consultation
the reforms. exercise by allowing lexibility at the level of MSs. Many
of the traditional areas of the policy, such as relative
21.5.1 The 2002 reforms stability and special derogations, remained, although
after January 2003 Spanish, Portuguese and Finnish
Between 1998 and 2002 there was an unprecedented
vessels were allowed to ish for unallocated quota in
period of consultation of stakeholders and the indus-
the North Sea.
try by the Commission. he consultation began with
To be speciic, the Regulation contains a number of
350 questionnaires being sent out to representatives
modest changes for the governance and management
and organizations involved in ishing in all EU MSs.
of the CFP, but no radical reform. Here is a summary,
his survey revealed a great deal of dissatisfaction with
with the full details provided on the accompanying
the CFP and emphasized problems with the conser-
website:
vation policy, enforcement diiculties and issues of
equity. he Commission then organized a number of 1. Central to the reform is the adoption of a longer-
regional consultations (or roadshows) across all the term perspective to isheries management by
The Common Fisheries Policy 345
setting multi-annual targets instead of the annual regarding conservation and sustainability (Regulation,
exercises of the past (Article 6.3). Chapter II) and the adjustment of ishing capacity
2. here is a renewed and stricter commitment to (Chapter III) before the end of 2012. he Commission
capacity reduction and control, to bring the leet in started this review in exactly the same manner as it did
line with available resources (Article 13). for the 2002 reforms: it published a Green Paper (GP2)
3. he reforms also stress the importance of ecosys- in 2009,5 followed it with a consultation period, with
tem management and the precautionary principle. a closure of written responses on 31 December 2009,
4. In response to considerable discussion about and issued a working paper synthesizing them in 2010.6
increasing the role for industry and stakeholders, hus the process is all set for the 2013 deadline.
Article 31 calls for the setting up of regional advisory GP2 conirms what is in the last paragraph (p. 7):
councils (RACs). hese include mainly ishermen
the objectives agreed in 2002 to achieve sustainable isher-
and representatives of interest in the CFP, such as
ies have not been met overall . . . 88% of [EU] stocks are
the aquaculture sector, environmental and con- being ished beyond [maximum sustainable yield] . . . 30%
sumer groups, and scientists. of these stocks are outside safe biological limits, which
5. Conservation and sustainability remain the CFP means that they may not be able to replenish . . . 93% of
cornerstone (Articles 4–10). cod in the North Sea are ished before they can breed . . .
6. he objective of the structural policy remains the European isheries are eroding their own ecological and
achievement of a ‘stable and enduring balance economic basis
between the capacity of ishing leets and the ish-
Also, few EU leets are proitable without public sup-
ing opportunities available to them in and outside
port, due to chronic overcapacity. Moreover, there is
of Community waters’, hence adjustment of ishing
high political pressure to increase short-term ishing
capacity is the essence (Article 11).
opportunities at the expense of the future sustainability
7. Since 2004 isheries agreements have been known
of the industry. Furthermore, not only is the industry
as ‘isheries partnership agreements’ (FPAs) to
provided with heavy EU support, but it also receives
denote a new focus in external relations; sixteen
a number of indirect subsidies, the most important of
FPAs are currently in force.
which is overall exemption from fuel taxes.
8. he Regulation outlines a whole series of meas-
hese points are fully explained on the website and
ures designed to improve the control and enforce-
since the decisions are yet to come, there is no need
ment of the CFP by both the Commission and MSs
to spend space on them here. It should be mentioned,
(Articles 21–28).
however, that nothing dramatic has been suggested,
hese reforms have failed to resolve the fundamental hence the inal outcome is not likely to be a call for
problem with the CFP: the inability to limit catches radical change, only ine-tuning of the current policy
to a sustainable level (Daw and Gray 2005; Gray and situation.
Hatchard 2003). hus, although catches have been
reduced (see Figure 21.1 and Tables 21.A1 and 21.A2),
this reduction has left catches in excess of safe biologi- 21.6 Conclusion
cal limits. Overall ishing in EU waters exceeds these
limits and the excess has been growing. he situation in CFP reform has not marked a radical shift in the way
relation to particular types of ish is even more serious.4 the EU organizes isheries. However, there are signs of
EU situation can be contrasted with that of Iceland change. A new level of governance has been introduced.
where national conservation measures have enabled A more consultative approach is in evidence and there
the catch to be sustained. is more coherence in the technical aspects of the policy.
he CFP is placing more emphasis on a medium-term
strategic management of stocks, and the discourse of
21.5.2 The 2013 reforms
ecosystem management is becoming more common.
Article 35 of the Regulation asks the Commission to here are fundamental problems still confronting EU
report to the EP and the Council on CFP operation isheries – declining stocks, overcapacity, cumbersome
346 Ali El-Agraa
rules and regulations that are poorly implemented, • EU inancial assistance for communities dependent
and competing national interests. Solving these prob- on isheries is provided by the European Fisheries
lems will require not only further technical reform Fund (EFF), which forms part of EU structural funds
and tough conservation methods, but an improved (see Chapters 19 and 22); EU aid for ishing now sys-
system of governance which has the support of its tematically requires some form of co-funding from
major stakeholders. MSs and is conditional on meeting leet decommis-
sioning targets.
• Fisheries policy-making is characterized by a
Summary multi-level system of governance, ranging from the
international arena, where a legal framework is
• It is logical for the EU to have a CFP, since much set by the international isheries regime, to the
ishing activity is conducted across and beyond European, national, regional and local levels, which
national territorial waters and ish take no notice of are responsible for the implementation and much
national boundaries. of the monitoring of policy.
• Although the EU’s isheries sector, comprising ish- • CFP has been in a process of reform since 1983,
ing, ish processing and aquaculture, is small in with the EU’s Mediterranean enlargement, when
terms of both production and employment, the EU a commitment was given to review the CFP and,
ishing industry is the world’s fourth largest, and, in particular, the principle of relative stability in
vitally, ishing activity tends to be concentrated in 2002. he 2002 reforms, which apply until 2013,
peripheral regions where there is often little alter- include:
native employment and the industry and its repre- 1. the adoption of a longer-term perspective to
sentatives tend to be highly fragmented. isheries management by setting multi-annual
• he CFP has evolved since 1970, but was not for- targets instead of the annual exercises of the
malized until 1982, operative from 1983. It has four past;
aspects: 2. renewed and stricter commitment to capacity
1. Marketing, which includes common market- reduction and control, to bring the leet in line
ing standards, the institution of a price support with available resources;
system and the establishment of producers’ 3. the importance of ecosystem management and
organizations (POs). the precautionary principle to ‘ensure exploita-
2. Structural assistance, with the aim of pro- tion of living aquatic resources and of aqua-
moting ‘harmonious and balanced devel- culture that provides sustainable economic,
opment’ of the industry, the ‘rational use of environmental and social conditions’;
marine resources’ and multi-annual guidance 4. increasing the role for industry and stakeholders
programmes. by the setting up of regional advisory councils
3. Conservation, which is the responsible exploi- (RACs);
tation of living marine resources on a sustain- 5. simpliied and streamlined regulations for easier
able basis, taking into account its implications and fairer application; and
for the marine ecosystem and socio-economic 6. EU aid to support coastal communities as the
implications for producers and consumers, the industry restructures while leet overcapacity is
two main conservation policies being quotas/ reduced.
total allowable catches (TACs) and technical • he reform process for 2013 is under way but is not
instruments. expected to result in any radical changes.
4. External relations, based on isheries part-
nership agreements (FPAs) with NMSs, which
include reciprocal arrangements over ishing Questions and essay topics
rights, access to surplus stock, access to stock
in return for inancial compensation and, more 1. Why is it deemed necessary for the EU to have a
recently, the development of joint enterprises. CFP?
The Common Fisheries Policy 347
348
Regional policy 349
Several distinct arguments can be advanced in sup- with fewer regional problems, have been best able to
port of a RP operated at EU level. Each argument will be aford an active RP. hose with the most severe regional
considered in turn. problems, such as Greece and Poland, face chronic
budget diiculties and ind it hard to fund their domes-
tic RPs adequately. Only the EU, it can be argued, is
22.2.1 The vested interest argument
capable of drawing resources from more prosperous
EU MSs are becoming increasingly integrated econo- parts of the EU and ensuring that they are allocated to
mies. Rapidly expanding trade links (see Figure 5.8, the most heavily disadvantaged regions.
page 76), together with much freer capital mobility
and more slowly growing cross-border labour migra-
22.2.3 The coordination argument
tion, have been and continue to be stimulated by EU
initiatives such as the Single European Market (SEM; he third argument that can be made in support of
see Chapter 7) and European monetary union (EMU; an EU RP concerns the advantages of a coordinated
see Chapters 10–12). Increasingly, the economic well- approach. he EU has immense potential to improve
being of citizens of one MS depends on the prosper- the efectiveness of RP by acting as a supranational
ity of the economies of other MSs. he presence of coordinating body. Regional development initia-
disadvantaged regions experiencing low incomes and tives within MSs are ofered by a bewildering array
high unemployment is in the interests of no one. Put of organizations. As well as MSs’ governments, typi-
another way, the citizens of one MS have a vested inter- cally also involved are regional governments, local
est in ensuring that the regional problems in other MSs governments, non-elected development agencies and,
are reduced. An EU RP can therefore be justiied as a increasingly, private sector organizations, community
mechanism that allows one MS to become involved and voluntary organizations, as well as an array of joint
in policies which stimulate economic activity in the venture schemes between private and governmental
regions of other MSs. bodies.
Lack of coordination can be very wasteful. Firms
seeking assistance in the disadvantaged regions may be
22.2.2 The inancial targeting argument
bewildered and deterred by the complexity of the types
he second main argument in support of an EU RP of help on ofer. Diferent regions may compete, using
is concerned with the efectiveness with which RP is RP subsidies as a weapon, for one another’s irms or
operated in the EU. RPs are expensive to operate and for the inward investment projects of US and other for-
resources must be found from public sector budgets. eign irms (a process known as competitive bidding).
he disadvantaged EU regions are not evenly distrib- In addition, valuable development opportunities – for
uted among MSs. Some MSs carry such a burden of example, cross-border transport links (see Chapter 16)
disadvantaged regions that they constitute depressed may not be properly implemented as a result of coordi-
regions in their own right. his has traditionally been nation failures. he coordination agenda for an EU RP
the case with some of the Mediterranean MSs in the is clearly a wide one.
south of the EU – for example, Greece. EU enlargement
in 2004 to incorporate the signiicantly poorer NMS10
22.2.4 The effects of integration
(Czech Republic, Cyprus, Estonia, Hungary, Latvia,
argument
Lithuania, Malta, Poland, Slovakia and Slovenia)
and Bulgaria and Romania in 2007 (NMS12) greatly his is the most controversial of the arguments
expanded the number of MSs of this type. advanced in support of an EU RP. EU involvement in
Given the inevitable pressure on public sector budg- RP, it is argued, is necessary to overcome the adverse
ets, it is not surprising to ind that it is precisely those regional impacts of the integration process. his argu-
MSs with the most severe burden of regional prob- ment rests on two suppositions. he irst is that eco-
lems that have the greatest diiculty inancing an RP. nomic integration, if left to its own devices, tends to
Leaving RP wholly to MSs is therefore not efective from cause a worsening (‘divergence’) of regional dispari-
an EU perspective. MSs such as the UK and Germany, ties. he second is that it is the EU, rather than MSs,
350 Harvey Armstrong
that is best placed to tackle the regional problems require an active local input to be efective. he remote-
that develop as integration proceeds. Both supposi- ness of Brussels from many of the problem regions, the
tions have been the subject of ierce debate. he efect lack of specialist local knowledge and experience at the
of integration on regional disparities is an issue of centre, and the virtue of allowing variety and experi-
immense importance and will be considered further in mentation in RP all suggest that partnership and not
Section 22.3. dominance is the appropriate EU role.
Figure 22.1 Regional gross domestic product per head, at purchasing power parties, 2006 Source: Eurostat 2006c (Map 1)
© EuroGeographics Association for the administrative boundaries
enlargement, for the EU27 this ratio has risen to around EU27 unemployment rate) to a massive 25.2 per cent
5:1, revealing a dramatic widening of regional dispari- in Réunion (a French Département d’Outre Mer and
ties. Just how stark are the additional challenges being the region with the highest EU27 unemployment rate).
posed for EU RP by the NMS12 accessions is clearly he regional problems confronting the EU are
revealed in Figure 22.1. GDP per capita data for 2006 extremely diverse as well as being severe. EU RP in
show that the region of the EU27 with the highest GDP the past has variously recognized a whole array of
per capita, Inner London, was more than thirteen times diferent types of regions with distinctive problems.
more prosperous than the poorest, north-east Romania hese have included lagging regions (regions whose
(Eurostat 2009a). GDP per capita is below 75 per cent of the EU aver-
Figure 22.2 shows the extent of EU regional dis- age and whose regional problems are the most severe
parities using another popular indicator, the regional in the EU), declining manufacturing areas, certain
unemployment rate. he picture here is much less clear rural regions, ishing communities, mining and steel
than the broadly core–periphery pattern revealed in regions, inner city areas, low population sub-Arctic
Figure 22.1 for GDP per capita. Nevertheless, the igure regions in Sweden and Finland, island economies and
reveals just how severe the regional unemployment the remote, outermost regions – that is, the Azores, the
rate disparities are in the EU27. In 2007 regional unem- Canary Islands, French Guyana, Guadeloupe, Madeira,
ployment rates ranged from a mere 2.1 per cent in Martinique and Réunion. In other words, EU RP has
Zeeland in the Netherlands (the region with the lowest always clearly recognized just how diverse the types
352 Harvey Armstrong
Figure 22.2 Regional unemployment rates (males plus female), 2007 Source: Eurostat 2007b (Map 1)
© EuroGraphics Association for the administrative boundaries
of regional problem faced are, as well as how severe a shows, however, extremely rapid growth of both GDP
challenge they represent. and employment in Ireland (and to a lesser extent in
Despite the great variety of EU regional problems, the western Britain) in the 1990s transformed these areas,
overwhelming impression that one obtains from statis- so that the underdevelopment of the EU’s ‘western
tics such as those presented in Figures 22.1 and 22.2 is periphery’ is much less pronounced than it once was.
that there appears to be something of a core–periphery he traditionally prosperous core of the EU stretches
pattern to EU regional disparities. A high proportion from central England to northern Italy. here is evi-
of the more prosperous regions lie at the geographi- dence of the more recent emergence of a growth belt
cal centre of the EU, whereas disadvantaged regions from northern Italy through the south of France and
tend to be grouped around the periphery. Within the into northern Spain, and, as we have seen, across west-
existing EU27, the most disadvantaged regions tend ern Britain into eastern Ireland. his does not, however,
to be particularly (but by no means wholly) in the alter the overall conclusion that a core–periphery situa-
Mediterranean south and among NMSs of Central tion prevails in the EU. All of these statistics, of course,
and Eastern Europe. Prior to 1995 the core–periphery predate the global recession triggered in 2008 (more on
pattern was even more pronounced than it appears this later).
now, because Ireland (both Northern Ireland and the he core–periphery nature of EU regional problems
Republic), as well as parts of northern and western has existed for many years. It is the outcome of eco-
Britain, were also highly disadvantaged. As Figure 22.1 nomic processes predating the EU’s existence, and
Regional policy 353
others that have come into existence as a result of the a distinctive group of some forty manufacturing sectors
EU. Economic integration is a process that is progress- were most afected by the SEM, along with certain types
ing continuously on a worldwide scale. Improvements of services, such as banking and inance (CEU 1988a;
in transport have gradually reduced freight cost barri- Quévit 1995; Begg 1995). Some regions are clearly more
ers to trade. Moreover, in the post-war period there has at risk than others, giving rise to a distinctive regional
been a consensus in favour of freer trade, which has led imprint. EMU has plunged most EU15 regions into
to successive international steps designed to reduce a larger single currency area than before, and has
the barriers to trade – for example, WTO agreements stripped Eurozone MSs of exchange rate and monetary
and the policies of the IMF and the World Bank aimed policy powers frequently brought to bear in the past to
at developing countries (see Chapters 24 and 25). EU help disadvantaged regions (see Chapters 10 and 12).
MSs have participated in these worldwide processes Eventually, EMU too is therefore likely to impinge more
of integration, and the pattern of intra-EU regional on some regions than on others (Ardy et al. 2002).
disparities that we observe today has been afected by While it is obvious that each round in the integra-
them. tion process has its own distinctive regional impact,
In addition to the broad integration processes why EU integration should exhibit systematic core–
common to all countries, the EU has acted to trigger periphery efects as well is less clear. Evidence to date
its own distinctive, accelerated integration. he cur- suggests that integration tends to trigger two sets of
rent maps of regional disparities (such as Figures 22.1 countervailing forces, one set tending to cause regional
and 22.2) have been afected by these too. he regional convergence, while the other tends to bring about
efects of the SEM process have not yet been fully regional divergence. he existing core–periphery pat-
experienced, partly because the complete SEM has tern of regional disparities suggests that at least in some
yet to be implemented, and partly because the efects periods in the past the divergence forces must have
are extremely long-term in nature. he efects of the predominated.
convergence process leading up to full EMU in 2002 In more recent years there seems to have been some-
were felt in the 1990s – for example, via pressures on thing of a rough balance between divergence and con-
MSs’ budgets – but the longer-term regional impacts vergence forces. Which set of forces will predominate
of EMU itself have yet to be experienced. Moreover, in the years to come is an issue of major importance to
existing regional disparities continue to be afected the EU. Interestingly, the most recent evidence avail-
by the creation of the original customs union in 1958, able suggests that while at the present time there seems
and by its successive widening to include new MSs in to be a rough balance between the forces of regional
1973 (Denmark, Ireland and the UK), 1981 (Greece), convergence and divergence within the EU, the pic-
1986 (Spain and Portugal), 1991 (East Germany), 1996 ture is actually rather more complex than this. he
(Austria, Finland and Sweden) and 2004/7 (NMS12). period since 1995 has witnessed a situation in which
No two rounds of economic integration ever have an economic disparities – for example, in GDP per capita
identical efect on regional disparities. Each round in – between countries have narrowed. However, this has
the integration process can be thought of as having two been accompanied by a widening of regional dispari-
groups of efects: a unique regional imprint or pattern ties within some MSs, leading to an overall situation of
of efects, combined with a core–periphery efect in only a very slow decline in regional disparities (CEU
common with other rounds. he creation of the origi- 2005a; Cambridge Econometrics and Ecorys-NEI 2004;
nal customs union, for example, involved the removal Monfort 2008; Dall’erba and LeGallo 2006). he widen-
of tarifs that had previously provided most protection ing of regional disparities within MSs is most dramati-
to manufacturing industries. he most severe efects cally seen in the NMS12, where the regions containing
of this act of integration were therefore experienced the capital cities – for example, Prague, Bratislava,
in regions most heavily dependent on manufacturing Budapest – have gained rapidly compared with the
industries. he creation of the SEM between 1989 and more peripheral regions; but countries within the
1992 involved the removal of an array of non-tarif bar- EU15, such as the UK, have also seen within-country
riers. In this round of integration both manufacturing disparities widen since 1995. Why this pattern of simul-
and service industries were afected. It is thought that taneous convergence and divergence is happening
354 Harvey Armstrong
within the EU is not well understood, but is clearly of therefore, is why EU integration seems to be associated
profound importance for the task that EU RP must face. with systematic core–periphery efects. A series of dif-
he forces tending to bring about convergence of ferent divergence forces are thought to accompany the
regional disparities within the EU are predominantly a integration process:
series of automatic equilibrating processes that occur
whenever a system of freely functioning markets is in 1. Economies of scale. hese represent a potent source
operation. Free trade in goods and services will, it is of beneit from integration. he concentration of
argued, lead to regions specializing in the production production at larger plants can lead to great ei-
and export of goods and services in which they have a ciency gains. Firms seeking to exploit economies
comparative advantage. Under traditional trade theory, of scale are likely to be attracted to regions at the
such as the Heckscher–Ohlin model, all regions ben- geographic core of the EU. Input assembly costs are
eit from this process, and regional diferences in wage lower, and access to the whole EU market is much
rates and capital rentals are also eliminated (Armstrong easier from central locations. Moreover, the core
and Taylor 2000). he convergence efects of freer trade regions are already the most prosperous regions
are reinforced by the efects of freer factor mobility and therefore represent the strongest markets.
(see Chapter 8). Where wage rates difer signiicantly 2. Localization and agglomeration economies.
between regions, there is an incentive for labour to Localization economies arise when irms in the
migrate from low-wage to high-wage regions, a process same industry locate close to one another – for
that reduces regional wage inequalities. Capital invest- example, because of access to labour with appro-
ment, meanwhile, is attracted to the disadvantaged priate skills, information lows, ability to subcon-
regions by the low wages and excellent labour supply tract work. Agglomeration economies occur when
available there. his too reduces regional inequali- irms from many diferent industries locate close
ties. he combination of freer trade and large-scale to one another – for example, because of trans-
factor mobility ofers real hope for the convergence port facilities, inancial facilities. hese ‘external
of regional disparities in the EU, and these processes economies’ efects tend to strongly favour the core
lie at the heart of modern, neoclassical, conditional EU regions. Firms are drawn towards existing suc-
convergence theories of regional growth, which predict cessful agglomerations of economic activity. he
the convergence of regional disparities (Sala-i-Martin core EU regions contain almost all of the main
1996). It is thought, however, that these processes oper- inancial, industrial and capital cities, and are a
ate only very slowly and that decades will be required potent magnet for new activity. he traditional
before their full efects are felt. Moreover, there are ‘Marshallian’ localization and agglomeration econ-
forces leading to divergence of regional disparities. It is omies have been incorporated in a variety of new
to these that we now turn. theories, which predict industrial clustering and
At the heart of the economic integration process set hence a concentration of economic activity in those
in motion by the EU has been a desire to achieve free regions fortunate to have been able to develop suc-
trade and the free movement of labour and capital. In cessful industrial clusters. heories such as post-
order to enjoy the beneits of integration (Emerson et Fordism have stressed the advantages of clustered
al. 1988; CEU 1988a), it is essential that a major restruc- small irms in new industrial districts such as those
turing of industry should occur. he various allocation in the ‘hird Italy’, within the traditional geographic
and accumulation efects generating economic gains core of the EU (Dunford 2000; Bagella and Becchetti
from integration require regions to switch production 2000). Porter’s work has also highlighted the inter-
and concentrate on those goods and services for which acting sets of forces that can generate industrial
there is a comparative advantage (Baldwin et al. 1997). clustering and the geographic concentration of eco-
he greater the integration envisaged, the greater the nomic activity (Porter 1990), as have social capital
potential beneits, but the greater too are the restruc- theories of regional growth (Putnam 1993). Within
turing implications. Painful though the restructuring mainstream economics, new economic geography
process is for those involved, in principle it should models of regional growth and some versions of
be experienced by all regions. he crucial question, endogenous growth theory also predict clustering,
Regional policy 355
and hence the possibility of divergent growth seeking to compete in an integrated EU. he surge
(Midelfart-Knarvik et al. 2000; Fujita et al. 2009). in migrants from some of the main NMS12 coun-
3. Intra-industry trade and dominant market posi- tries towards those EU15 countries willing to accept
tions. Modern trade theory is increasingly scepti- them initially – for example, the UK – is a worrying
cal of the ability of all regions to share equally in example of this type of process at work.
the growth associated with freer trade. here is 6. he loss of macro-policy powers in peripheral MSs.
evidence that intra-industry trade (IIT) in similar his is a particular problem at the present time
products has shown the most rapid growth among because of EMU. hose MSs that have joined the
the more prosperous core regions and EU MSs Eurozone have lost control of their exchange rates,
(Neven 1990; and Chapters 6, 9 and 24). Regions as well as other aspects of their monetary policy
in the Mediterranean south of the EU have fallen such as interest rates. Full EMU has meant the
behind in participation in this important trade. IIT complete loss of powers to try to protect a weak
is important because of the fast pace of expansion local economy by way of currency devaluation, and
of this type of trade, particularly the horizontal to use monetary policy to stimulate a weak local
exchange of almost identical products. By contrast, economy (see Chapters 10–12). Even iscal policy
NMSs in Central and Eastern Europe do appear has been to some degree constrained under EMU
to be engaging in an increasing amount of IIT, but because of the Stability and Growth Pact (SGP; see
of the less lucrative vertical IIT category, supply- Chapters 11 and 12) and constraints on MSs’ public
ing Western Europe with semi-processed inputs. sector budgets within the Eurozone. Peripheral MSs
Similarly, much EU trade in manufactured goods is face a future of very limited macro-policy powers.
now dominated by large multinational enterprises. his will restrict their ability to protect their local
hese irms are already concentrated in EU core economies.
regions and it is thought that they may exploit their
ability to dominate markets in ways that disad- he divergence forces set out above seem convinc-
vantage peripheral regions. Opening up peripheral ing and strong. here has been considerable discus-
regions to competition from large multinational sion of the possibility that the divergence forces may
irms could have serious efects for the smaller and interact and reinforce one another in such a way that
less powerful irms more frequently found there. cumulative causation occurs. his is where the loss
4. Lack of competitiveness in peripheral regions. of irms and a continuous outlow of migrants so
Research commissioned over the years by the EU weakens a peripheral economy that it can no longer
(IFO 1990; CEU 1999c; Cambridge Econometrics attract new economic activities and hence goes into
and Ecorys-NEI 2004; CEU 2010d; Basile 2009) has a downward spiral of decline. his is by no means a
provided powerful evidence that many irms in the theoretical possibility. A number of EU rural regions –
EU’s peripheral regions face severe problems in for example, the west of Ireland and parts of southern
meeting the competitive challenges posed by inte- Italy – have historically experienced depopulation on
gration. he lack of competitiveness is based on a a large scale.
combination of factors largely outside the control of Evidence from federal countries with a long his-
the irms themselves. hese include poor location, tory of being fully economically integrated, notably the
weak infrastructure facilities – for example, trans- USA, suggests that in the long term integration is asso-
port, telecommunications – low-skill labour forces, ciated with convergence of regional disparities rather
and local tax and inancial sector problems. than divergence (Sala-i-Martin 1996). his evidence
5. Selective labour migration. he peripheral regions implies that the convergence forces at work eventu-
are also weakened, as integration proceeds, by the ally come to predominate over the divergence forces.
loss of migrants. he freeing of labour mobility stim- he ensuing balance of forces results in a process of
ulates migration from peripheral to core regions. convergence that is slow, but is also sustained over a
Migration is highly selective. It is the young, the long period.
skilled and the economically active who migrate. he evidence for convergence among EU regions is
heir loss is a severe blow to peripheral regions much more contested, partly because good statistics
356 Harvey Armstrong
do not exist for the long periods of time necessary to the European Fisheries Fund (EFF) in 2007. he
check whether or not convergence is occurring. he Cohesion Fund (CF), also created in 1994, acts like one
balance of the evidence that is available suggests that of the structural funds in many ways, although it is not
cumulative causation has not occurred in the EU. Most strictly one of them.
researchers have found that prior to the mid-1970s EU RP continues to this day to be operated in its
regional disparities in the EU had experienced quite a essential characteristics on the basis of the reform to
long period of narrowing. his was followed by a period the structural funds introduced in 1989. he reformed
of widening disparities in the late 1970s and early policy provided the basis for further reforms in 1994
1980s. As noted earlier, the EU’s regional disparities, (designed to accompany steps towards EMU; CEU
at least as far as GDP per capita igures are concerned, 1996d) and 1999 (designed to prepare the way for
seem to have stabilized in the later 1990s and to have enlargement, to include the Central and Eastern
begun very slowly narrowing again (Armstrong 1995a, European Countries, CEECs; CEU 2000c). he 1994 and
b; CEU 1999c, 2001d, 2003c, 2005a; Monfort 2008). 1999 reforms both incorporated massive increases in
However, this evidence remains rather controversial, funding for EU RP, resulting in its current status as the
since some analysts have also found evidence for diver- second largest EU policy. he 1999 reforms were for the
gence among EU regions, at least for certain periods of programming period 2000–6. he current program-
time (Dunford 1996; Magrini 1999; Barrios and Strobl ming period is 2007–13 and this followed yet another
2009). Moreover, as also noted earlier, recent years major reform in 2007. While this most recent set of
have seen convergence between MSs being accompa- reforms again left the 1989 system largely intact, the
nied by divergence between regions within many MSs. need to try to cope with the challenges posed by eastern
What can be said, however, is that the spells of overall enlargement has meant that the 2007 reform had to be
regional divergence that have been observed tend to a far-reaching one (CEU 2006l, m, n).
have been apparently short-lived. Economic integra-
tion does appear, on the whole, to be associated with a
22.4.2 EU regional policy 2007–2013:
narrowing of regional disparities, although currently at
cohesion policy
a painfully slow rate.
As noted earlier, the current 2007–13 EU RP, now
named cohesion policy, is being operated in all of
22.4 Current and future EU regional its essential characteristics on the basis of the major
policy reform to the structural funds of 1989. In order to
ensure that funding is as precisely targeted as pos-
sible (the principle of concentration), since 1989 the
22.4.1 The origins of modern EU regional
structural funds have been given the task of attaining
policy: the reforms of 1989, 1994
speciic priority objectives. At one time there were no
and 1999
fewer than seven priority objectives. During 2007–13
EU RP traces its origins to the decision in 1975 to create these have been cut back to just three, as Table 22.1
the ERDF. he policy subsequently underwent minor shows.
reform in 1979 and 1984 (Armstrong 1978, 1985), fol- Objective 1 (called the lagging regions objective
lowed by a major reform in 1989 (CEU 1989a). he 1989 between 1989 and 2006, and the convergence objective
reform was speciically designed to accompany the in 2007–13) is focused on the most disadvantaged EU
introduction of the SEM and integrated a number of regions – that is, those whose GDP per capita, at pur-
previously separate EU funding mechanisms, renam- chasing power parities, is less than 75 per cent of the
ing them the ‘structural funds’. he EU’s structural EU average – and is designed to help them to catch up
funds comprise the ERDF, together with the European – that is, converge – with the rest of the EU. his objec-
Social Fund (ESF), the Guidance Section of the tive is by far the most generously funded of the three,
European Agricultural Guidance and Guarantee Fund commanding some 81.4 per cent of total funding in
(EAGGF) and, from 1994, a Financial Instrument for 2007–13 (€282.9 billion at current prices), and with less
Fisheries Guidance (FIFG; see Chapter 21), renamed stringent requirements than for the other objectives
Regional policy 357
1. Convergence ERDF
To speed up the real convergence of the least developed regions and member states ESF
CF
2. Regional competitiveness and employment ERDF
Strengthening regions’ competitiveness and attractiveness, as well as employment through ESF
innovation, the knowledge society and investment in human resources
in terms of percentages of investment costs met and retained their status in 2007–13 had the EU remained
national matching funding targets. at the EU15, but which found themselves exceeding
Since the EU sets the criterion for eligibility for the 75 per cent GDP per capita criterion for Objective
Objective 1 regions, the map of eligible regions is efec- 1, which by 2007 was based on the lower EU27 average.
tively set by Brussels, not by MSs. Figure 22.3 shows the Some transitional assistance has continued in 2007–13
eligible regions during 2007–13. As can be seen from for the phasing in and phasing out regions in the EU15,
the igure, within the EU15 the Objective 1 regions but this is quite small (only €11.4 billion and €14 billion
are concentrated in the southern Mediterranean and respectively).
in parts of Ireland and the UK. he igure reveals that Objective 2, as Table 22.1 shows, is called the regional
the accession of NMS12 in 2004/7 brought in a huge competitiveness and employment objective. he name
swathe of regions in CEECs that are automatically eli- relects the desire to use EU RP not only as a means of
gible. Indeed, apart from Malta and Cyprus, only small providing relief for very poor regions, but also to help
enclaves within the NMS12 – for example, Prague – are the EU as a whole to maintain its competitiveness in
not automatically eligible for assistance. an increasingly competitive global trading environ-
Although the EU RP budget was increased for the ment. During the 2007–13 period, EU RP is expected
current 2007–13 programming period, the sheer scale to throw its weight behind the so-called EU Lisbon
of regional problems in the NMS12 meant that a major Agenda objectives – growth, competitiveness and envi-
shift eastwards had to be incorporated in funding ronmental sustainability (see Chapter 14). he name of
arrangements for 2007–13. Many regions in Western Objective 2 closely relects the Lisbon Agenda ideals,
Europe, particularly in Finland, Greece, Ireland, Italy, and the Commission’s detailed guidelines for EU RP
the UK and Sweden, which had formerly enjoyed in 2007–13 are based very irmly on growth and com-
Objective 1 funding, found that they lost this in 2007. petitiveness aims (CEU 2006l, m). he types of policies
hese are shown in Figure 22.3 as ‘phasing in’ and favoured by Objective 2 are also very much focused on
‘phasing out’ regions. Phasing in regions are those competitiveness – policies to stimulate innovation, the
whose growth rates prior to 2007 had been suicient to knowledge society, entrepreneurship, the protection
lift their GDP per capita values above the Objective 1 of the environment and the enhancement of workers’
threshold and hence would have lost Objective 1 status skills.
after 2007 in any event. Phasing out regions, sometimes Figure 22.3 suggests that the areas eligible for
called statistical efect regions, are those unfortunate Objective 2 comprise all regions other than Objective
enough to have fallen foul of the fact that the acces- 1 regions – that is, efectively a non-regional objec-
sion of the twelve much poorer NMSs in 2004/7 led to tive. his is misleading, however, because MSs are
a signiicant fall in overall average GDP per capita in allowed to establish their own priorities and eligible
the EU. hese are therefore regions that would have areas (within the budget limits set by the Commission).
358 Harvey Armstrong
Figure 22.3 Cohesion policy eligible areas, 2007–13 Source: Drawn by Armstrongs’ technical staf, using data from
Eurostat, obtained from the DG Regions website (http://ec.europa.eu/regional_policy).
In practice, a diverse range of regions receive support, It builds on previous small, yet successful cross-border
including regions sufering from industrial – that is, schemes funded under a programme called Interreg,
manufacturing – decline, certain disadvantaged rural but is in fact rather more signiicant than either its
areas, certain urban areas sufering severe economic, name or small budget suggests. As noted in the intro-
social and environmental problems, ishing com- duction to this chapter, the EU has long been con-
munities in decline, and a series of regions sufering cerned with reducing economic and social disparities.
geographic handicaps, such as islands, mountainous However, in the 2007–13 period a commitment to terri-
regions and the very remote, outermost EU regions torial cohesion has been added to economic and social
(the Azores, the Canary Islands, Madeira, Guadeloupe, cohesion. Strengthening the drive for better territorial
Réunion, Martinique and French Guyana). Objective 2 cohesion is currently being actively debated within
is much less generously funded than Objective 1, being the Commission for the post-2013 EU RP. he nature
allocated only €55 billion for the 2007–13 period, only of spatial imbalances within the EU, notably core–
15.8 per cent of the EU RP budget. periphery issues, disparities between the performances
Finally, as Table 22.1 shows, there is Objective 3: of the major cities of both the core and periphery,
European territorial cohesion. his has been allocated urban–rural system dysfunction and the challenges
only a small pot of money (€8.7 billion or 2.5 per cent of of regions with speciic geographic handicaps have
the 2007–13 EU RP budget) to stimulate cross-border been highlighted (Monfort 2008). he precise mean-
and transnational economic development initiatives. ing of territorial cohesion also continues to be debated
Regional policy 359
Table 22.2 Regional policy in 2007–13: indicative allocations (€ million, current prices)
Notes:
1 Due to rounding, igures may not add up exactly to the totals shown.
2 ‘Convergence’ objective column includes Cohesion Fund (€69,578 million) and phasing out funding (€13,955
million).
3 ‘Regional competitiveness and employment’ column includes phasing in funding (€11,409 million).
Source: Commission DG Regional Policy website
(Armstrong et al. 2010), but it is clear that Objective 3 the actual expenditures will depend on how MSs and
and its successor after 2013 will be about much more regions actually spend the money over the full budget
than simply cross-border and transnational schemes. period).
As noted earlier, Objective 1 dominates the struc- Table 22.2 illustrates both the dominance of
tural funds. Table 22.2 sets out the indicative alloca- Objective 1 funding (81.4 per cent of the total 2007–
tions for MSs for funding in 2007–13 (‘indicative’ since 13 budget) and also just how much money is being
360 Harvey Armstrong
targeted on the NMS12 (€178,503 million or 51.3 per In most cases this has taken the form of an increase
cent of the total budget), despite the presence of transi- in the EU RP budget and a re-designation of the map
tional funding within EU15 countries. Transition fund- of the assisted areas, but without the fundamental
ing is only a small amount of the total, comprising some principles of the policy itself being disturbed. At irst
€13,955 million (4.02 per cent of the budget) for the sight, the current 2007–13 EU RP appears to be simply
phasing out regions and €11,409 million (3.28 per cent another new episode in this process of accommodat-
of the budget) for the phasing in regions – the safety net ing new MSs. Unfortunately, the eastern enlargements
for (mostly) EU15 regions losing eligibility as a result of of 2004/7 have proved much more diicult to deal
eastern enlargement is therefore not a very large one. with, and the resulting decisions for the 2007–13 period
leave a lot to be desired. As Figures 22.1 and 22.2 have
shown, NMSs continue to have much lower GDP per
22.4.3 Strategic planning, programming,
capita levels than most of Western Europe and also, by
partnership and additionality
and large, higher unemployment rates. he problems
As well as the commitment to concentration of assist- posed by eastern enlargement have clearly not been
ance and much closer coordination of the activities fully resolved thus far by the 2007–13 EU RP. On the
of the EU’s inancial instruments, the EU RP that has contrary, a series of issues remain. Each will be consid-
emerged in the aftermath of the 1989 reforms places ered in turn.
great emphasis on four further principles. hey are
the use of a system of multi-annual programmes of Institutional capacity and corruption
assistance; the need for a close partnership between all Many of the NMS12, despite rapid progress in some
those involved in EU RP; a commitment to subsidiarity countries, remain within a painful period of adjust-
(the retention at EU level of the minimum necessary ment and transition from their former communist
powers; see Chapter 2); and a desire that EU money economic, legal and political systems towards a more
should be a genuine supplement to EU RP spending Western model. his fact alone is of major impor-
by MSs (additionality). None of these principles was tance for EU RP because it means that the governance
entirely new to the 1989 reform package, but the 1989 structures in some of the acceding states continue to
reforms represented the irst comprehensive attempt make it diicult for them to efectively absorb cohesion
to create an EU RP delivery system that would allow the policy money directed at them. Nor is it just a question
principles to be achieved. hese four great principles of efectively absorbing the money going their way.
continue to underpin EU RP. Many of the NMSs lack strong regional tier govern-
ments and are frequently highly centralized, having
limited administrative capacity in the more peripheral
22.5 Some key issues for the future regions. Moreover, closely associated with institutional
and legal capacity problems is the issue of corrup-
EU RP has shown itself to be capable of evolution and tion. Corruption, of course, is by no means conined
change over the years since its introduction in 1975. to CEECs. he EU has struggled, however, to prevent
Some of the key issues that EU RP must confront in the fraud in EU15 RP programmes, and the challenge in
immediate future are legacies of the past – for exam- some of the NMSs is an even greater one.
ple, additionality and the underfunding of the policy.
Others, such as the response of EU RP to EMU and The underfunding of regional policy
eastern enlargement, are much newer issues. Each will he EU budget is dominated by two items: CAP and
be considered in turn. cohesion policy. Between them they command the
majority of the full EU budget (see Chapter 19). he
economic decline in many of the CEECs which fol-
22.5.1 The challenge of eastern
lowed the collapse of Communism in the early 1990s,
enlargement
together with the decision to encourage them to seek
he EU has always found it necessary to make changes early accession, triggered an enormous debate on how
to EU RP whenever new accessions have occurred. the challenge to adequately fund EU RP in both the
Regional policy 361
absence of US-type federal iscal transfers, means that and will igure prominently in any new reforms. More
additional unemployment and real wage decline will surprising has been the attack on the very basis of EU
occur in the MSs most afected. here is no other way RP. he continued sluggish pace of convergence of eco-
for them to regain their competitiveness. EU regional nomic disparities across the EU, together with rather
problems may well worsen, therefore, in the immedi- disappointing (to some) evidence from the formal eval-
ate future. uations of EU RP for the 2000–6 period (CEU 2010e),
have triggered some to question the very existence of
EU RP. his was put most lucidly in the Sapir Report
22.5.3 Attaining the Lisbon Agenda
(Sapir et al. 2003a), which, while it did not call for a
objectives
complete abolition, did criticize the efectiveness of EU
he 2007–13 cohesion policy places great emphasis RP and called for it to be redirected to become much
on refocusing EU RP on ‘hard’ economic objectives, more of a policy for the CEECs – that is, not really an RP
particularly the enhancement of competitiveness in policy at all – and for more focused priority objectives.
international markets. his is an enormous challenge. he Commission has mounted a vigorous defence
By deinition, EU RP must spend its resources in some of EU RP. he Barca Report (Barca 2009) has set out
of the most deprived parts of the EU. Even within the a detailed restatement of the economic, social and
relatively more prosperous parts of the EU15 it has political governance case for a strong EU RP, draw-
not in the past proved easy to ensure that EU RP funds ing together arguments from new theories of regional
are well spent. his is, after all, one of the reasons why development and empirical evidence of the processes
the regional disparities are proving so stubborn to at work. he Barca Report argues not only for the reten-
eliminate. he 1990s saw what can best be described as tion of a strong EU RP after 2013, but also for a more
‘mission creep’ in structural funds programmes, with focused policy efort. he traditional twin eiciency and
many types of projects having rather ‘softer’ environ- equity aims for EU RP are retained and restated, with
mental, social inclusion and anti-discriminatory objec- the more modern and wider aim of ‘social inclusion’
tives being funded. It continues to be very diicult replacing the rather narrower income redistribution
for disadvantaged regions to ind suicient suitable aim embodied in ‘equity’. However, the Report strongly
projects that can meet the harsher requirements of the urges a much tighter focus within these two broad aims
Lisbon Agenda. on policies for innovation, climate change, migration,
children, skills and ageing. he debate continues (CEU
2008d), but the two reports have been timely reminders
22.5.4 Additionality and subsidiarity
that EU RP must continue to both reinvent itself and
Despite the successive reforms of the structural funds, produce strong evidence of its success if it is to survive.
it is clear that additionality remains a serious prob- he 2008/9 global recession also poses new chal-
lem for EU RP. MSs faced with domestic public sector lenges that will almost certainly spill over into 2013
budget problems will always be tempted to cut their and beyond. All recessions have their own distinctive
local regional policy eforts as EU RP is expanded. geographic footprints. Traditionally it was manufactur-
Similar comments apply to subsidiarity, where some ing regions that tended to sufer the most in recessions.
MSs remain reluctant to release powers to regional and his cannot now be taken for granted. he particular
local partners. geographic footprint of the current recession is not yet
known and it will be some time before it becomes clear.
It is likely that regional disparities will worsen some-
22.6 Conclusion: regional policy after what in the EU, since the less competitive regions, by
2013 deinition, tend to struggle most when times are hard.
Traditionally, recessions have also posed challenges for
Attention has already shifted to the nature of EU RP that those seeking to justify an RP. When unemployment
will follow the current 2007–13 programme. he debate is high in all regions it is diicult to justify subsidies
on the nature and extent of policies aimed at territo- only to some. he evidence of past recessions suggests
rial cohesion has been noted already in this chapter that EU RP needs to adapt to economic downturns by
Regional policy 363
switching emphasis from ‘softer’ help to businesses • Current EU RP has three priority objectives: con-
towards infrastructure and training policies. hese, it vergence (81.5 per cent of the budget), regional
is argued, lay the foundations for a stronger and longer competitiveness and employment (16 per cent) and
recovery in the disadvantaged regions. It will be inter- territorial cohesion (2.5 per cent).
esting to track how well EU RP can adapt to the new • In the years ahead EU RP faces a number of key
situation. challenges: how to cope with the continuing efects
of eastern enlargement in 2004 and 2007, a process
that brought many highly disadvantaged regions
Summary into the EU; continued underfunding; meeting the
impact of the regional efects of EMU; and attacks
• he EU has demonstrated a continuing commit- on the very basis of the policy itself.
ment to RP since its inception in 1957. However, EU
RP originated in 1975 with the creation of the irst
ERDF. It was greatly expanded in 1989, and then Questions and essay topics
again in 1994, 2000 and 2007. hree funds currently
combine to lead the attack on regional problems: 1. What is the economic justiication for an EU RP
the ERDF, the ESF and the CF. separate from that of individual MSs? Do you think
• In 2010 EU RP (now called cohesion policy) com- that there are also social or political justiications
manded 34.9 per cent of the full EU budget, making too?
it the second largest spending programme after 2. Since the beginning of the global recession in 2008,
CAP. to what extent has EMU, in the form of the Growth
• he economic case for EU RP being complemen- and Stability Pact (see Chapters 11 and 12), helped
tary to those of the individual MSs is both com- or hindered MSs with many disadvantaged regions
plex and multi-faceted. he key justiications lie in – for example, Greece, Spain – in their attempts to
the mutual self-interest of MSs in tackling regional tackle their regional problems?
problems; the EU ability to collect and target funds 3. What economic processes can lead to regional dis-
on the most disadvantaged regions; and in order to parities narrowing over time, and what processes
bring about better coordination of RP efort. can lead to their widening?
• EU regional disparities, particularly those depicted 4. Can a case be made for strengthening RP in order to
by the very important GDP per capita criterion, help the EU meet its wider Lisbon Agenda competi-
show a broadly core–periphery pattern, with most tiveness and employment objectives?
of the disadvantaged regions being in the east and
south of the EU27.
FUR TH ER REA DING
• EU regional problems are not just severe, but are
also very diverse in nature, ranging from lagging Bachtler, J. and Gorzelak, G. (2009) ‘Reforming EU regional
regions with very low GDP per capita, to regions policy: a reappraisal of the performance of the struc-
sufering industrial decline, declining ishing and tural funds’, in D. Bailey and L. de Propis (eds.),
rural areas and very remote ‘outermost territories’. Industrial and Regional Policies in an Enlarging EU,
Routledge, London.
• he process by which lagging regions catch up with
CEU (2008d) Regions 2020: An Assessment of Future Chal-
the more prosperous ones has proved to be a slow
lenges for EU Regions, Commission Staf Working
and intermittent one within the EU. In recent years
Document SEC(2008), Brussels.
progress has been painfully slow, with convergence CEU (2008) Turning Territorial Diversity into Strength:
between countries being accompanied by widen- Green Paper on Territorial Cohesion, Oice for Oicial
ing of disparities within many MSs. his suggests a Publications of the European Communities, Brussels.
rough balance between forces of convergence and Moore, C. (2008) ‘A Europe of the regions vs. the regions of
divergence at the present time. Europe’, Regional and Federal Studies, vol. 18.
Social policies: the employment dimension
23 BR IAN AR DY A N D A LI EL - A G RAA
364
Social policies: the employment dimension 365
on social grounds, but also in eiciency terms: it is what work to do. Other taxes can have similar
argued that workers’ greater attachment to the com- efects. Income taxes have a negative substitution
panies they work for results in higher productivity and efect on work by making leisure cheaper, and a
a better trained workforce. he US model is supposed positive income efect by making workers poorer
to protect workers by encouraging high levels of job and so encouraging them to work more. Income tax
creation as a result of the lexibility of the workforce and social security contributions combine to deter-
and a more entrepreneurial culture. he challenge to mine the overall tax on labour. Implicit tax rates4 on
the ESM is maintaining the beneits in the face of a labour in the EU27 in 2008 averaged 36.5 per cent,
recession, with rising unemployment and an ageing but there is a wide variation, between 20.2 per cent
population. he challenge for the EU is generating jobs in Malta and 42.8 per cent in Italy5 (Eurostat 2010c).
to replace those that have been lost in the recession. 2. Social security. his afects choices over whether to
he ESM has inluenced EU employment policy, which work and how much to work, and interacts with the
has to try to balance high beneits and workers’ rights tax system, to give rise to unemployment traps (very
with suicient lexibility to try to improve employment high rates of tax on moving from unemployment
performance, but whether this has been successful is to employment). It is not only the levels of beneit
disputed (Raveaud 2007). that are important, but their duration, the qualiica-
his chapter will concentrate on employment policy tions for receiving them and the way the system is
for four reasons. First, employment encompasses administered.
many of these areas of social policy. Second, the com- 3. Education and training. hese are important in
plex nature of EU decision-making is well illustrated determining the quality of the workforce, its skills
in the employment arena. hird, employment policy and adaptability, and thus its employability. With
is the most important aspect of social policy not only the increasing rate of structural change in the econ-
for economists, but also for specialists in other social omy, the emphasis is on lifelong learning, so that
disciplines. Fourth, we are not qualiied to deal with workers are able to use new technology and to move
its sociological and psychological considerations. into new occupations. he quality of education and
Employment policy has also become increasingly training systems varies a great deal across the EU
important in the EU as the result of a generally deterio- (OECD 2006b).
rating employment performance and the consequent 4. Employment protection. his refers to the legal rights
EU desire to be seen as taking action on this important of workers, particularly with regard to dismissal/
issue. he SEM has limited MSs’ room for manoeuvre redundancy and types of employment – ixed-term
in employment policy and increased the importance versus permanent, part-time versus full-time. he
of ensuring that competition is fair. EMU (see Chapters EU has a wide range of employment protection,
10–12) has meant that Eurozone countries can no from very limited protection in the UK, Ireland and
longer rely on changes in exchange rates to remain the new member states (NMSs), to high levels of
price competitive, so the ability to adjust depends on protection in Sweden, Germany and Italy.
wage rates being lexible. 5. Employment services. his covers the provision
of advice, information and incentives to encour-
age unemployed workers to ind new jobs. hese
services can be supplied by public or private
23.3 The development of the European
employment agencies. hey will be important in
Employment Strategy
determining the eiciency with which the unem-
ployed are matched with vacancies.
he following areas of government policies afect
6. Industrial relations. his is the system by which
employment and, because these policies are bound
workers and employers reach agreement over wages
up with national traditions and institutions, they also
and other conditions of employment. Collective
difer substantially between MSs:
bargaining between trade unions and employers
1. Taxation. Income taxes afect choices over whether is the norm, but this can take place at the plant,
to work, how much to work, where to work and company, industry or even, to a certain extent, the
366 Brian Ardy and Ali El-Agraa
% labour force
8
very decentralized in the UK and NMSs, to central-
6
ized systems in many other EU countries.
4
7. Minimum wages. hese are ixed by legislation.
2
Some EU countries do not have minimum wages –
for example, Italy6 – and even where they do exist, 0
1960 1965 1970 1975 1980 1985 1990 1995 2000 2005 2010
their level in relation to average wages varies a great
deal, from less than 29.1 per cent in Romania to 50.5 Figure 23.1 Unemployment in the EU and the USA, 1960–
2010 Source: Eurostat 2010b
per cent in Luxembourg (Eurostat 2009b).
8. Active labour market measures. hese are policies to
try to inluence employment directly – for example, macroeconomic expansion and the new protection-
employment subsidies, work experience, training. ism. here were some EU action programmes on social
Active measures try to increase the possibility of policy, but coordination of national employment poli-
employment, while passive measures just provide cies remained limited. With EU unemployment high,
the unemployed with inancial support. Sweden and generally poor economic performance in the 1970s
has invested heavily in such measures, while they and early 1980s, the SEM was developed (see Chapter
are much less important in other countries such as 7). It was hoped that this would raise EU economic
Greece and Spain. performance, creating jobs and reducing unemploy-
ment (Emerson et al. 1988). hese hopes were not ful-
Given the sensitivity of the issue, it is not surprising that illed, and unemployment rose even higher in the early
in the heady high-growth, low-unemployment era of 1990s. Since then, however, the rise in EU employ-
the 1950s employment was not a central issue for the ment and the fall in EU15 unemployment have been
EEC Treaty. However, a high level of employment is taken by some as indication of a fundamental shift of
now one of the major aims of the common economic performance (Boeri and Garibaldi 2009). his seems
policy in the treaties. Employment was referred to rather premature given the rise in unemployment in
in Article 118 in connection with European collabo- the recent recession. Nevertheless, in 2009 EU and US
ration in the ield of social policy, but employment unemployment levels were similar, although the better
policy played only a subordinate role compared to the recessionary performance in Europe has meant that
– mainly neoliberally inspired – economic integration employment has fallen less than output, so productiv-
of this period. Community activities were therefore ity has been hit (OECD 2010a).
limited to the coordination of national social poli- he continuation of weak employment performance
cies, including measures concerning the free move- in the 1980s meant that the ight against unemployment
ment of workers (Articles 48–51), the European Social was becoming a major EC objective, and employment
Fund (Articles 123–7) and vocational training measures policy shifted from being a facet of social policy to an
(Article 128). important aspect of economic policy. Given concerns
In the 1960s low unemployment was the norm, over public support for the EC, the EC had to be seen to
so employment was not a European issue, but this be tackling the major economic problem of the time. he
all came to an end with the oil crises of the 1970s. aim of a high level of employment was – for the irst time
Growth slowed, employment fell and unemployment – integrated into the EC legal framework with Article 2
increased. In the early post-war period US unemploy- of the Maastricht Treaty in 1992. his development was
ment had been higher than European unemployment, supported by the 1993 Delors White Paper on growth,
but after 1974 European unemployment rose faster, competitiveness and employment (CEU 1993b) and the
and while US unemployment fell from the early 1980s, 1994 European Council summit in Essen. he summit
Europe’s remained high (see Figure 23.1). also introduced a multilateral monitoring mechanism
he EU response to the oil shocks was MS-based: for employment, and the emphasis of policy was shifted
governments tried to solve their own problems with from employment protection towards employment
Social policies: the employment dimension 367
promotion (Ferrera et al. 2000, pp. 77–8). Five priori- sectors are shedding workers, while others are hiring
ties were identiied, which later became central to the new workers. his process determines the overall
EES: improving employment opportunities; increasing volume of job creation,7 which will in turn depend
the employment intensity of growth; developing active on levels of and changes in wage rates, the structure
labour market policies; adopting measures to entice of wages8 and productivity. Given the complexity of
the long-term unemployed back to work; and reducing this process, there will always be frictional, structural
non-wage labour costs. and regional unemployment. Beyond this, unemploy-
his ‘Essen Strategy’ was included in the 1997 ment will be determined by real demand, and in the
Amsterdam Treaty, to promote broader convergence long term unemployment will tend towards a level
between MSs’ employment policies by involving a consistent with stable inlation – the natural rate of
wide range of political and social actors, while at the unemployment (NAWRU; see page 378). Unless wages
same time national labour market systems were to be are lexible, wage rates may not adjust to ensure that
respected. he integration of the title into the Treaty on supply and demand are reconciled at a reasonably
European Union (TEU) was in order to foster the devel- high level of employment/low level of unemployment.
opment of an EU employment strategy, particularly he functioning of the labour market and its institu-
promoting ‘skilled, trained and adaptable workforce tions will inluence the extent of this unemployment by
and labour markets responsive to economic change determining the eiciency with which the unemployed
with a view to achieving the objectives deined in Article and vacancies are matched, and the lexibility of wages.
2 of TEU and in Article 2 of this Treaty’ (Article 125). he Economic theory suggests that unemployment can
same year, a special European Council on employment be viewed in two extreme ways. First, frictionless equi-
took place in Luxembourg to put into operation the librium: in this case, labour markets adjust rapidly to
new coordination mechanism. Hence the employment shocks (productivity, oil prices or interest rates) and the
chapter became efective before the oicial ratiica- market is generally near to its long-term equilibrium
tion of the treaty by MSs; the Essen Strategy became with regard to unemployment (NRU; or rather the non-
the Luxembourg process; and the EES was launched. accelerating inlation rate of unemployment, NAIRU;
he Lisbon European Council added the non-binding see Chapter 10, page 152). hus the actual employ-
target of an employment rate of 70 per cent by 2010 ment rate approximates to the long-term equilibrium
(European Council 2000c). he Stockholm European rate – the rate at which trade unions, employers and
Council set additional targets of a 60 per cent female workers have no tendency to change their behaviour,
employment rate and a 50 per cent employment rate provided the exogenous variables that they face do not
for older people (55–64 years; European Council 2001). change. Second, prolonged adjustment: in this case,
the response of the labour market to external shocks
is sluggish because of the costs and diiculty of adjust-
23.4 Employment performance: ment. In such a labour market unemployment can
economic theory and evidence difer substantially from the long-term equilibrium rate
for prolonged periods because of this hysteresis. In this
he rising long-term trend in EU unemployment and case, Keynesian remedies of expanding demand could
its associated low level of employment have been sub- have long-term efects on employment. With these as
ject to extensive economic research. Of particular inter- the polar cases, most economists believe that actual
est has been the disparity in measured performance labour market behaviour contains elements of both
between the USA and the EU, and the very substantial extremes. he positioning on the spectrum between
diferences between European countries. his section these extremes will have a strong efect on the explana-
surveys this research in order to identify the way in tions for unemployment and the policy prescriptions
which economic systems and institutions may be mod- for its reduction.
iied to promote higher employment. Besides diferences in the dynamics with which equi-
he labour market in advanced economies is sub- librium is approached, the concept of equilibrium can be
ject to constant change, with myriad factors alter- viewed in stock or low terms. Stock approaches consider
ing demand and supply conditions. Some irms and the relationship between the employment from irms
368 Brian Ardy and Ali El-Agraa
(aggregate demand for labour) and the available work- he willingness of workers to accept jobs will vary
force (aggregate supply of labour).9 Flow approaches with the generosity and availability of beneits com-
consider the relationships between people entering and pared with the real wage on ofer. here are four
leaving unemployment over a period of time. So the aspects of the beneit system that could inluence
stock approaches emphasize the total number of unem- equilibrium unemployment: the level of beneits; the
ployed, and the low approaches the turnover of the duration of beneits; the coverage of the system; and
unemployed and the length of unemployment. the strictness of its operation. hese factors will afect
the workers’ reservation wage – the wage required
to entice an unemployed worker back into employ-
23.4.1 Labour market lexibility
ment. he level and duration of beneits do seem to be
he EES can be regarded as building on the Organization positively related to the NRU (OECD 2006c, pp. 58–61).
for Economic Cooperation and Development (OECD) Bassanini and Duval (2006) estimate that reducing the
jobs strategy (OECD 1994, 1997) and is concerned with gross replacement rate11 by 10 per cent would decrease
raising labour market eiciency, based on the friction- the unemployment rate of men aged 25–54 years by 1.2
less equilibrium models of the market. Here the labour per cent and increase their employment rate by 1.7 per
market, and in particular the real wage, will respond cent. Generosity of beneits seems to afect the employ-
to shocks to establish the NRU. he actual unemploy- ment rates of young, old and female workers particu-
ment rate lies close to the long-term equilibrium, and larly, and to increase the duration of unemployment.
the upward trend in EU unemployment is therefore the However, these disincentive efects can largely be ofset
result of exogenous changes that afect the eiciency by sanctions for failure to undertake job search or to
of the market in creating employment and reduc- accept reasonable ofers of employment (de Koning et
ing unemployment (Layard et al. 1991; Morgan and al. 2004). But changing the rules is not enough; enforce-
Mourougane 2001). he dynamics of the process are ment is crucial (Grubb 2000). Given the large increase
seen to have little efect on the NRU (Nickell 1997; in numbers on non-employment beneits in the 1980s
Blanchard and Wolfers 2000; Daveri and Tabellini and 1990s, which has still to be reversed (OECD 2006c,
2000). Rising unemployment is in this view the result of p. 76), it is important that these activation approaches
changes in structural factors afecting the NRU. are extended to non-employment beneits. Otherwise
he stock of workers and the low into the market the unemployed can easily end up on these other ben-
will largely be determined by demographics,10 with eits, nullifying the reforms to unemployment beneit.
younger workers and women returnees entering the Social security contributions and indirect taxes drive
labour market and older workers retiring or becoming a wedge between the wage cost to an employer and the
inactive. An eicient labour market would ind work real wage of the employee. he efect of this wedge on
for the available workforce, so an increase in younger the supply and demand for labour depends on sensitiv-
people, with their higher employment rate, could lead ity to wages. he efect on labour supply is ambiguous,
to an increase in employment and a decrease in the because the income efect of taxation encourages work
unemployment rate. Shimer (1998) suggests that 70 per efort, and the substitution efect discourages it. he
cent of the fall in US unemployment since 1979 could actual efects are diicult to measure because of the dif-
be attributed to demographics. But others believe that fering circumstances of workers and potential workers,
the workforce is endogenous to employment oppor- and the complexity of the tax and beneit systems. he
tunities because of variations in the participation rate efect is greatest where the increase in tax is combined
and immigration (Garibaldi and Mauro 2002, p. 84). with beneit withdrawal to create unemployment traps:
he prospects of inding jobs for those entering the increases in the inancial returns of low-wage workers
workforce and for the unemployed depend on how well lead to higher levels of employment (OECD 2005d,
they match the requirements of employers’ vacancies Chapter 3). he efect seems to be greatest on entry
in terms of the geographic location of employment, to/exit from the market, rather than on the number
education, skills and experience. hey will also depend of hours worked, and to afect partners in couples
on the ability of labour market institutions to match the with only one worker and lone parents (Carone and
unemployed to the available vacancies. Salomäki 2001).
Social policies: the employment dimension 369
OECD countries exhibit a large increase in the size of Labour market adjustment can take place via the
the wedge from the 1960s to the 1990s, so this is an obvi- physical movement of workers – migration. Migration
ous candidate to explain the secular rise in unemploy- seems to be an important method of adjustment in
ment. he efect on unemployment, however, depends the USA, but not in the EU. Inter-regional migration is
crucially on the extent to which employees can pass much more sensitive to changes in wage diferentials
part of this increase on to employers (Pissarides 1990; in the USA than in the EU (Eichengreen 1993; Obstfeld
Nickell and Layard 1999). Most empirical studies ind and Peri 1998b). Migration from NMSs to the EU15 has
that the tax wedge is positively related to unemploy- been higher (CEU 2006g, pp. 79–84), and this may have
ment and negatively related to employment, and thus been a factor moderating wage growth in Ireland and
accounts for a substantial proportion of the secular the UK, but its impact has been marginal for most EU15
rise in unemployment (see, for example, Daveri and countries. For NMSs it does moderate unemployment,
Tabellini 2000; Bassanini and Duval 2006). but at the expense of the loss of young, enterprising and
he number of vacancies available could also be educated workers, although as the migration may be
afected by employment protection legislation (EPL). temporary this efect could ameliorate over time (Diez
he legal protection of workers will tend to make Guardia and Pichelmann 2006, p. 7). Extra-EU immi-
employers more reluctant to hire workers because it gration is also signiicant for some countries, such as
is more diicult to reduce employment. EPL, how- Spain, allowing faster employment growth.
ever, also discourages employers from making workers Active labour market policies (ALMP) seek to
redundant during a recession. So its efects on unem- increase the likelihood of the unemployed obtaining a
ployment are ambiguous, at least in the short term. job and encompass a wide range of policies, including
Evidence of the efects of employment protection leg- training, work experience, employment subsidies and
islation on unemployment is inconclusive (Elmeskov help with job applications. Macroeconometric studies
et al. 1998; Nickell et al. 2002; Bassanini and Duval ind that increased spending on ALMP reduces unem-
2006). Part of the problem here may lie in the diiculty ployment (Scarpetta 1996; Nickell 1997; Elmeskov et
of accurately measuring changes in the severity of EPL, al. 1998), but there are some statistical problems with
because the devil is in the detail of the legislation and these studies. A more sophisticated study indicates
its implementation (Bover et al. 2000). While EPL pro- that only spending on labour market training reduces
tects existing jobs, it concentrates labour turnover and unemployment, and that this expenditure can be used
job insecurity on groups such as young people, women to ofset the efects of higher unemployment bene-
and the long-term unemployed (Bertola et al. 2002); it levels (Bassanini and Duval 2006). Studies using
partial reform compounds these problems (Blanchard micro data show that the eiciency of diferent types of
and Landier 2002). It also seems to undermine employ- measure varies: with job search, assistance is generally
ment by reducing productivity (Bassanini et al. 2009). efective, but employment subsidies are not (Robinson
Wage levels will also be afected by the strength of 2000; Martin and Grubb 2001; Kluve 2006).
trade unions and their ability to bargain for higher One important diference between the original OECD
wages. his strength cannot be measured directly, so (1994) job strategy and the reassessment (OECD 2006d,
proxies have to be used. Density measures the propor- pp. 18–19) is the recognition that market lexibility is
tion of workers in trade unions. Coverage is the propor- not the only way to improve employment performance.
tion of workers whose wages are determined as a result Market lexibility, decentralized wage bargaining, low
of collective bargaining agreements between trade beneits, low taxation and weak employment protec-
unions and employers. Generally, studies have not tion do raise employment, but with widening income
found a signiicant relationship between union density inequality. Flexi-security is an alternative, consisting
and coverage and unemployment (OECD 2006c, p. 84). of coordinated collective bargaining, generous welfare
his may be, in part, because unions’ efect on wages beneits, higher levels of employment protection, and
may be ofset by coordination12 of wage bargaining activation of the unemployed through beneit adminis-
(Nickell et al. 2005; Nickell and Layard 1999; Booth et tration and active labour market policies. his achieves
al. 2000), which is more likely to occur when unions high employment and low-income inequality, but with
are strong. high levels of public expenditure. Successful policies
370 Brian Ardy and Ali El-Agraa
policy by harmonized legislation. he classical method knowledge-sharing (CEU 2002m). ‘OMC represents a
has the following characteristics: new form of regulation that is softer than the classical
legalistic approach, but is more than a simple non-
• Supranational. Laws are agreed on a Commission
binding recommendation or a political declaration’ (de
proposal by co-decision between the Council and
la Porte and Pochet 2002, p. 12). It can be deined as a
the European Parliament (EP).
new form of soft coordination within the framework of
• Uniform. EC laws provide the basis of the policy,
EU decision-making and intergovernmental coopera-
which is applied in the same way across the EU.
tion procedure, incorporating supranational elements.
• Enforcement by penalties and incentives. MSs have
By issuing guidelines, the OMC develops a relatively
to introduce and implement the legislation. Failure
clearly deined EU policy in areas that have tradition-
to do this could ultimately lead to ines. Where
ally been out of the EU remit. hus, even if the OMC
expenditure is involved, compliance with the rules
has no binding forces (one of its main weaknesses), it
is required to receive funding.
contributes to the development of common views and
• Oversight. he Commission is responsible for the
ideas when it comes to problem-solving in the EU.
operation of the policy, typically delegated to MSs.
Periodic review occurs on the basis of Commission
reports, which are considered by the Council and 23.5.2 The EES process
the EP.
he EES is part of the annual general economic policy
he OMC has somewhat diferent characteristics: coordination process in the Broad Economic Policy
Guidelines, which reviews and coordinates macro-
• Intergovernmental. Guidelines, not laws, are based
economic policy and economic reform (see Chapter
on a joint report by the Commission and the
12). he Employment Guidelines (EGs) is the docu-
Council, with the Council making the decision by
ment that the EES contributes to this process. EGs
qualiied majority voting (QMV; see Chapter 3) after
specify the objectives and policies to be pursued by
consulting the EP.
MSs to achieve the overall employment targets. EGs
• Subsidiarity. he guidelines contain targets and
are accompanied by Employment Recommendations
suggest areas where action is needed, but policies
(ERs), which identify the particular employment prob-
are entirely at the discretion of each MS.
lems of each MS and indicate what actions are neces-
• Enforcement by recommendation, peer pressure
sary to tackle these problems. EGs and ERs are adopted
and benchmarking. Recommendations can be
by the Council on a Commission proposal, acting by
addressed to MSs, but there are no penalties for
QMV, after consulting the EP, the Economic and Social
non-compliance and no inancial incentives. But
Committee, the Committee of the Regions and the
there is peer pressure from other MSs, possible
Employment Committee (see Chapter 3).
adverse publicity for failure to achieve benchmarks,
EGs, and more particularly ERs, are derived from
and learning from the successes and failures of
the Joint Employment Report (JER) prepared by the
other countries.
Commission and the Council. he JER provides an over-
• Oversight. his is provided by the Council and, to a
view of the employment situation and an assessment of
limited extent, the EP, on the basis of reports by the
the progress made by MSs in the implementation of
Commission and the Council.
EGs in the previous year. he remaining challenges
hus OMC is a lexible, decentralized instrument of for MSs are also highlighted. he JER contains both
policy coordination, leaving the implementation an analysis of progress across the EU under the major
of measures deined by the EU broadly to MSs. he agreed objectives and guidelines, and a brief country-
OMC operates through persuasion, peer pressure by-country review. Key common indicators underpin
(‘naming, blaming and shaming’), mutual socializa- the analysis and are summarized in the annexes. he
tion, epistemic convergence, public accountability analysis in the JER in turn draws on the reports on MSs,
and experimental learning, and includes elements of called the National Action Programmes (NAPs). NAPs
lexibility, subsidiarity, multi-level and policy integra- describe national performance against EES targets and
tion, inclusion and participation, deliberation and indicators under the various headings, the measures
372 Brian Ardy and Ali El-Agraa
taken and proposals for further action. hey are drawn the need for consistency and complementarity with the
up by national governments in conjunction with lower BEPG (CEU 2002p). As a result, the Commission now
tiers of government and in consultation with the social presents the implementation and evaluation of the
partners. his annual cycle can be characterized as a BEPG, the EES and the IMS (internal market strategy)
permanent monitoring and review process through the at the same time each year – in January and after the
JER, the recommendations to MSs and peer review of Spring European Council Summit in April – hence the
policies. his cycle is accompanied by a multi-annual diferent areas of economic policy are now synchro-
(medium-term/ive-year) evaluation of the EES, in nized and coordinated.
which the national and overall progress of EU employ- Instead of the rather ambiguous pillars of the old
ment policy is assessed and reviewed. policy, there are now three clearer, overarching EES
Until 2003 EES objectives were grouped around four objectives (Council 2003c): full employment, improv-
pillars: employability, entrepreneurship, adaptability ing productivity, and strengthening social cohesion
and equal opportunities. he employability pillar con- and inclusion. he clearer EES should help the policy
tained both speciic objectives, such as reducing youth become more efective, but there are concerns that the
unemployment and preventing long-term unemploy- concentration on employment is at the expense of the
ment, and more general ones, such as developing skills. wider objectives of the policy in areas such as workers’
hese followed quite closely conventional economic rights and beneits.
ideas on improving employment performance; hence a
more employment-friendly tax and beneit system was
23.5.3 The EES and employment policy
an objective. he second pillar, entrepreneurship and
job creation, aimed to create and support new busi- he EES is designed to improve EU employment
nesses, new sources of employment and certain sectors performance by encouraging MSs to redesign their
of the economy, particularly services. hese aims relate national employment policies, incorporating success-
to the general improvement of the economic environ- ful features from other countries. his process is sup-
ment, and therefore the employment performance of posed to occur as a result of policy learning, peer
the economy. hus these two pillars are concerned with review, benchmarking and naming and shaming.
raising employment performance by improving the While the EES could be criticized for its lack of sanc-
operation of the labour market and economic perform- tions, this was inevitable in such a sensitive policy
ance more generally. area, and in any case, the efectiveness of such sanc-
he third and fourth pillars relected the EU’s wide tions could be questioned in view of their failure in
social objectives for employment policy. hus the third the coordination of economic policy (see Chapter 12).
pillar, adaptability, is concerned with lexibility in However, the efectiveness of the policy can be ques-
work, which afects productivity and hence employ- tioned: it is diicult to establish an impact on national
ment performance, but this had to be achieved with policy, and there does not seem to be a clear institu-
job security. herefore, although there are minimum tional pathway through which national policy is inlu-
standards of employment protection, employment enced (Watt 2000). Naming and shaming is unlikely
security is seen more in terms of functional lexibility, to be efective because of the low public proile of the
achieved through high-quality training and lifelong policy, with very little debate in national parliaments or
learning. hus this pillar is concerned with improving reporting in the press. Interviews with policy-makers
employment performance and the quality of work. he in the UK and Germany suggested that the efect of the
fourth pillar, equal opportunities between men and strategy on national policy-making was very limited
women, was related directly to achieving a 60 per cent (Ardy and Umbach 2004). he policies introduced were
employment rate target for women. based on national preferences and priorities, although
EGs were revised for the period 2003–10.14 he the EES may have had some impact on agenda setting.
Commission identiied four major issues for EES reform Similarly, the impact of the peer review process has
(CEU 2002p). First, is the need for clearer objectives. been minor (Casey and Gold 2005). he involvement
Second, is the need to simplify the policy guidelines. of the social partners in the process was also rather
hird, is the need to improve governance. And fourth, is perfunctory, and the process was predominantly in the
Social policies: the employment dimension 373
hands of an expert elite. One of the more signiicant employment performance and these diferent meas-
attempts at reform, the Hartz reforms in Germany, ures may rate countries’ performance diferently. he
do not seem to relect the EES (Watt 2003), although measures of performance considered here are employ-
Kemmerling and Bruttel (2006) ind evidence of some ment and unemployment rates, the relationship
policy difusion. he efect of the EES is also reduced by between economic growth and employment and the
the extent to which MSs can water down Commission NRU. he EU incorporates a wide range of perform-
proposals so that the restraints on national policy are ance on these and other employment indicators – one
substantially reduced (Watt 2004, pp. 131–3). It may be reason why it was thought that the policy learning
that the efect of the strategy is more subtle, inluencing process incorporated in the EES would be productive
the views of this elite in the long term, and thus gradu- in this area.
ally inluencing policy.
National employment policies have moved in the way
23.6.1 Employment rates in the EU
that the EES intended. he duration of unemployment
beneits has been reduced and conditions tightened, he employment rate (ER) is the number of employed
but their generosity has not been decreased. hese and self-employed divided by the total population of
changes are shared with the rest of the OECD, and some working age. his is probably the most reliable meas-
EU15 countries have not implemented changes (OECD ure of employment performance; it avoids problems
2006c, p. 58). Similar developments can be found for associated with the manipulation of unemployment
labour taxation, including social security contributions igures – for example, the misuse of incapacity beneits
and ALMP, although the record is more patchy for in the UK (see Section 23.6.3, page 377). here are still
the latter (OECD, 2006c, pp. 89, 70). here are, how- some problems with ERs, which may be distorted by an
ever, concerns over the extent to which declared inten- increase in part-time work.15 ERs also overemphasize
tions carry through to policy; spending on ALMP has the beneits of paid employment and undervalue the
not increased, despite falling ‘passive’ labour market social activities of the economically inactive, such as
expenditure (European Trade Union Institute 2003, p. childcare. he EU wants to increase the employment
19). What all this seems to indicate is that governments rate to improve the sustainability of welfare policy by
have implemented EES policies where this itted in with reducing the dependency ratio – those not employed as
their own priorities (Zeitlin 2005), but whether it will a proportion of those employed. ERs are also sensitive
be efective in shaping national employment policies to cyclical factors, rising in booms and falling in reces-
in the long term is an open question, although some sions, so in analysing trends it is important to identify
more recent evidence suggests that it is having an efect the efect of these cyclical factors. his is complicated
(Weishaupt 2009; holoniat 2010). by the possibility that factors such as labour market
reforms may also permit higher rates of economic
growth.
23.6 The EES and EU employment In the early 1960s, the EU15 ER was higher than
performance that of the USA, but the rate in the EU15 drifted lower
while that in the USA rose, so that after 1977 the EU15
he fundamental problem in assessing the efect of any rate was lower (see Figure 23.2). From 1985 the EU15
policy is to identify what would have happened in its ER rose until 2009, when the recession took its toll on
absence – that is, the anti-monde (see Chapter 9). In the employment. he US ER rate rose steeply until 1990,
case of the EES this problem is complicated still further, remained at a high level until 2000 and then fell, particu-
as argued above, by the weak link between the EES and larly steeply in 2008–9, with the recession. So although
national employment policy. However, there has been the EU15 ER began rising prior to the EES, most of the
a general drift towards the employment policies con- increase in ER has coincided with the EES, at a time
tained in the EES. his section considers whether this when the US ER was falling. he individual EU15 coun-
shift has been accompanied by improved employment tries show a very large variation in employment rates,
performance, without ascribing causation. but similar trends over time, with the ER drifting lower
here is a very wide range of possible measures of and then rising from 1985 (see Figure 23.3). As might
374 Brian Ardy and Ali El-Agraa
be anticipated, the improvement in employment rates Cyprus having an employment rate of more than 70
is generally greatest where they were lowest – for exam- per cent in 2008. Malta, Hungary and Romania have
ple, in Spain and Ireland. hese countries also sufered stagnant ERs, in the 50–60 per cent range. Bulgaria,
the largest fall in employment rates associated with the Slovakia, Lithuania, Latvia and Estonia all experienced
recession. rapid employment growth until 2008, but employment
he process of transition and structural change in has fallen signiicantly in the recession. Cyprus and
the Central and Eastern European Countries (CEECs) Slovenia, with the highest ERs among NMSs, have
led to substantial reduction in ERs followed by their experienced more moderate employment growth and
rising, as economic growth created employment: aver- a smaller fall in employment. Poland’s employment
age ERs rose from 58.9 per cent in 2000 to 63.8 per growth started late in 2003 from a low base, but has
cent in 2008 (see Figure 23.4).16 Employment perform- been quite rapid since then and continued in 2009.
ance is more variable across NMSs, related to dif- Total ERs hide large diferences between diferent
ferent progress with transition and variations in its categories of workers, such as male, female and older
success. ERs are lower than in the EU15, with only workers.17 Male workers have higher ER rates (74.2 per
cent in 2008) than female workers (60.4 per cent), so
80
EU15 it is understandable that the increase in the male ER
USA
75 during 1994–2008 was relatively small, at 3.8 per cent.
% employment rate
80 EU (15 countries)
Belgium
75
Denmark
70 Germany
Ireland
% employment rate
65 Greece
Spain
60
France
55 Italy
Luxembourg
50 Netherlands
Austria
45
Portugal
40 Finland
1992 1997 2002 2007
Figure 23.3 Employment rates in the EU15, 1992–2008 Source: Eurostat 2010b
Social policies: the employment dimension 375
80
70
% employment rate
60
50
40
30
20
10
0
ia
ic
us
ry
ta
nd
ia
ia
ia
ni
vi
ni
bl
ar
an
en
ak
ga
al
pr
la
t
to
ua
pu
La
lg
ov
Cy
ov
un
Po
Es
th
Bu
Re
Ro
Sl
Sl
H
Li
h
ec
Cz
growth: Spain, Ireland and the Netherlands. However, slowing, and with the beneit of relatively rapid eco-
they increased signiicantly in all countries, but there nomic growth the employment situation is improving.
was a modest fall in 2009. he diferences between here has also been an improvement across the board
countries remain substantial, with Danish, Dutch and in EU15 employment performance, which started
Swedish female ERs exceeding 70 per cent in 2009; and before the EES was launched, but which has been sus-
Finland, Austria, Germany, the UK, Portugal and France tained in the EES period.
between 60 and 70 per cent. Ireland, Luxembourg,
Belgium and Spain have ERs between 50 and 60 per
23.6.2 Employment and economic growth
cent. Greece and Italy have much lower rates, at 48.9
in the EU
per cent and 46.4 per cent respectively.
here are very wide diferences in the employment he improvement in EU employment since 1997 may
rates of older workers18 in the EU15, ranging in 2009 be due to the EES or to other factors afecting employ-
from 70 per cent in Sweden to 35.3 per cent in Italy; ment, most notably higher economic growth. As can
these diferences are the result of a combination of be seen from Table 23.1, the average GDP growth rate
factors, such as variation in statutory retirement age, for the EU15 was the same over the period 1980–97 as
generosity of pensions and the overall employment sit- it was during 1997–2008: 2.2 per cent per year. Every
uation. Across the EU15, ERs of older workers improved period has its idiosyncrasies, and 1980–97 includes
substantially between 1994 and 2008, from 35.7 per German uniication and very severe recessions in
cent to 48.0, but the improvement is very uneven: in Sweden19 and Finland,20 which meant that employ-
the Netherlands older workers’ ERs increased over this ment fell in these countries. he elasticity of employ-
period by 23.9 per cent, whereas in Greece the increase ment to GDP was very low, 0.2 for the EU15, which
was only 2.7 per cent. his indicates that the policies implies that a 1 per cent increase in the GDP growth
to raise the employment rate of this group are avail- rate leads to a 0.2 per cent increase in the employment
able, but the EES has not persuaded all countries to growth rate. At 0.6, the elasticity is much higher for
use them. 1997–2008, when every EU15 country except Greece
he picture that emerges from this analysis of increased the employment intensity of growth. his
employment is one of general improvement. here is a very crude assessment because the relationship
is considerable variation in performance, however, is probably not linear: there is likely to be a thresh-
with the employment situation in NMSs being worse old level of GDP growth below which employment
than in the EU15, although the pace of transition is will contract, which may account for the very poor
376 Brian Ardy and Ali El-Agraa
1980–97 1998–2008
performance during 1990–97. But it is apparent that example, if it is the result of fewer hours worked (see
the improved recent performance is not just the result Chapter 14). EU unemployment has fallen most heav-
of increased GDP growth. It looks as if the EU will be ily on workers with lower skills and lower productiv-
experiencing a period of very slow growth of GDP and ity: employment of these lower-skilled workers, while
employment, so a longer data period will be needed to obviously desirable, would tend to lower overall pro-
conirm this improvement. ductivity growth.
he improved employment intensity of growth is
not all good news, however, because of its relation-
23.6.3 Unemployment in the EU
ship with productivity. he growth of employment
is equal to the increase in GDP minus the increase he unemployment rate is the number of unemployed
in productivity. For example, if GDP growth is 2 per divided by the labour force (the number in employ-
cent and labour productivity growth is 2 per cent, ment and self-employment plus the unemployed). In
then the existing employed workers can produce all the past, measurement of the unemployed was ambig-
of this increase in output, and employment growth uous, but now International Labour Organization (ILO)
will be zero. Employment can be increased by raising standardized unemployment is the generally accepted
the growth rate or by decreasing productivity growth. measure: the number of people not in employment
he increased employment intensity of EU growth who are looking for work, measured by surveys. he
means that the growth of labour productivity in the EU other side of the ratio, the labour force, remains prob-
has slowed, which implies more but not better jobs. lematic; the labour force equals the population of
Higher productivity growth is not incompatible with working age minus the inactive (those not in employ-
higher employment, because if it improves competi- ment or looking for work). he inactive is not a stable
tiveness output could expand faster than productivity. group. It is afected by the proportion of women who
Lower labour productivity growth may relect factors work, which is increasing over time; the increasing
that are perhaps less damning than this implies – for numbers of full-time students; early retirement; and
Social policies: the employment dimension 377
other factors. Despite falling unemployment in the UK, unemployment21 in the EU15 averaged 19.2 per cent,
there were substantial numbers of economically inac- compared to the overall rate of 9 per cent, with very large
tive people who wanted jobs. Two signiicant groups of diferences between the 15, from 37.8 per cent in Spain
working age are inactive rather than unemployed as a to 6.6 per cent in the Netherlands, largely relecting the
result of government measures: on incapacity beneit diferences in overall employment rates. Average youth
or on government training and employment schemes. unemployment has been falling in the EU15, but this is
hus, in 2007, UK unemployment was reported to be because of large falls in France, Greece, Italy and Spain;
just over 0.9 million, but it was estimated that there the rate is rising in almost as many countries (seven) as
were an additional 1.7 million hidden unemployed it is falling (eight). Youth unemployment has also risen
(Beatty et al. 2007). his problem of hidden unemploy- steeply during the recession.
ment distorting the igures is not conined to the UK. he accuracy of the youth unemployment rate as
For example, Sweden recorded unemployment at a a measure of the youth employment situation, how-
relatively low 6.3 per cent in 2004, but total unemploy- ever, is questionable. he central problem is that a
ment, including hidden unemployment, was estimated substantial and increasing proportion of the 15–24
to be much higher, at 15 per cent (Bengttson et al. age group is in full-time education, and they may be
2006). Hence comparisons of unemployment need to employed, unemployed or inactive. he unemploy-
be made carefully. ment rate compares the total of 15- to 24-year-olds
EU15 unemployment rates in 2009 ranged from 3.4 who are unemployed with the sum of the employed
per cent in the Netherlands to 18 per cent in Spain. and the unemployed. Hence youth unemployment
From 1998 to 2008 unemployment fell across the EU, rates are sensitive to the number of young people in
with the exception of Luxembourg and Portugal. In full-time education, and the proportion of this group
2009 unemployment started to rise with the reces- that works. hus comparisons of youth unemployment
sion, most notably in Spain and Ireland, countries rates across countries will be distorted by variations in
that had experienced very large reductions. But the these proportions.22
increase in unemployment was less severe in Finland Most unemployment is for relatively short peri-
and the Netherlands, which had also reduced unem- ods, but some people remain unemployed for lengthy
ployment substantially. he 1.9 per cent increase in the periods. Long-term unemployment (LTU) is not only
unemployment rate in 2008–9 in the EU15 was much dispiriting for the unemployed, it also afects the
less than the 3.5 per cent increase in the USA; rather employability of those involved, who can drift into
than reducing workforces as output fell, EU irms were economic inactivity. LTU is sensitive to the overall level
encouraged to engage in short-time working and to of unemployment because when unemployment rises,
retain their workforce (CEU 2009b). his response miti- the period of job search lengthens. Also employers can
gates the social efects of the recession and means that be more selective. So for vulnerable groups, such as
the skilled workforce is retained, but runs the risk of those without formal educational qualiications, LTU
delaying necessary adjustment. increases (Dickens et al. 2001). LTU is measured by the
NMSs generally had higher unemployment rates in proportion of the labour force that has been looking for
2009: from 5.3 per cent in Cyprus to 17.1 per cent in work for more than a year. In the EU15 such unemploy-
Latvia. Unemployment in NMSs rose sharply with the ment has fallen dramatically; the average has dropped
recession, with particularly large increases in Estonia, from 5 per cent in 1994 to 2.6 per cent in 2008, with
Latvia and Lithuania. Hence some of the large reduc- Portugal being the only country with rising LTU. he
tions in unemployment that had been achieved were recession has led to a rise in LTU in most EU15 coun-
not sustainable. tries. LTU has fallen sharply in NMSs to levels similar to
Younger and older workers are particularly vulner- those in the EU15. Care is needed in interpreting these
able, and the EES targets reductions in the unemploy- statistics because they are sensitive to government
ment rates of these groups. Youth unemployment is measures to cope with unemployment – the problem of
high because of the problematic transition from educa- hidden unemployment, already discussed.
tion to employment, and because of the group’s lack
of experience and employment record. In 2009 youth
378 Brian Ardy and Ali El-Agraa
23.7 Conclusion
23.6.4 The natural rate of unemployment
he measures of labour market performance consid- here is little doubt that employment policy in EU MSs
ered so far are partial; one possible measure of over- has changed since the introduction of the EES, and this
all performance is the non-accelerating wage rate of has been associated with an improvement in employ-
unemployment (NAWRU). his is the level of (struc- ment performance. What is less clear is the association
tural) unemployment, reconcilable with a constant between these changes. Similar change in employment
rate of inlation. his derives from the expectations- policy (OECD 2006c) and employment performance
augmented Phillips curve (see Section 10.4.2, page has occurred across the whole of the OECD (OECD
152) in monopolistic product and labour markets 2006d), so the independent inluence of the EES is
(Layard et al. 1991). According to this view, structural diicult to identify. he OMC used by the EES seems
unemployment represents an equilibrium in the sense to work in a similar way to the OECD job strategy, by
that, once established, workers and employers have inluencing the conventional wisdom on employment
no incentive to change real wages. he NAWRU equi- policy, so its added impact seems to stem from the
librium occurs when expectations are met with wages more intensive nature of the interaction between the
rising in line with prices, after taking into account EU and national governments and administrations. he
the growth of productivity. Structural unemployment increasing acknowledgement of the importance of the
will not necessarily be constant. Over time, if struc- interaction between diferent aspects of employment
tural factors in the economy change, then structural policy and the national institutional setting means that
unemployment will change (McMorrow and Roeger the national diferentiation of the common policy has
2000). It could be argued that NAWRU follows the become more important. So the continued success of
actual employment rate because of persistence efects the EES depends not only on its ability to identify desir-
(Gordon 1998) or that there might be a multiplicity able employment policy reform, but also to appropri-
of NAWRU (Akerlof et al. 2000; de Vincenti 2001). If ately diferentiate between MSs – not an easy task.
NAWRU is a little more than the existing unemploy- It has also become clear that the EES operated until
ment rate, its utility in explaining diferences in unem- 2007 in an exceptionally benign economic situation.
ployment is clearly diminished. his is illustrated by he extent to which the gains in employment can be
the large negative efect of the recession on NAWRU maintained during the more diicult economic circum-
in 2009. Obviously, care is need in interpreting the stances of today will be a demanding test of the success
concept of NAWRU and in its estimation (Staiger et of the EES in raising EU employment performance.
al. 1997).
Bearing in mind these qualiications, it can be
seen (Table 23.2) that during 1991–2008 there was an Summary
improvement of 0.5 per cent in EU15 NAWRU, most of
which was eliminated in 2009 by the recession. here • Social policy covers a very wide range of policy areas,
are large variations in NAWRU, ranging from 3.5 per and across the EU the policies vary a great deal.
cent in the Netherlands to 14 per cent in Spain. here • In most of these areas the EU has only limited
have been reductions in NAWRU in nine MSs, par- powers, but while the policies remain national, they
ticularly spectacularly in Ireland; this reinforces the are increasingly constrained within a Europeanized
general impression of improving EU15 labour market policy process.
performance. But there have been large increases in • he idea that there is a distinctive European social
NAWRU in Sweden, Portugal and Luxembourg. model, which places greater emphasis on equal-
here is also variability in NMSs, with NAWRU rang- ity and workers’ rights relative to North America,
ing from 5.5 per cent in Cyprus to 13.1 per cent in remains an important inluence on policy.
Latvia. In eight of these countries, NAWRU is increas- • his chapter concentrates on employment policy
ing, but in the others it is falling. because it encompasses so many areas of social
policy and is the most important economic area of
social policy.
Social policies: the employment dimension 379
• EU low employment and high unemployment rates unions and collective bargaining; active labour
on average encouraged the development of the market policies, such as training, work experience,
European Employment Strategy (EES). and so on.
• he EES was seen as necessary to facilitate adjust- • here are diferences of opinion and the evidence
ment to structural change and to enable wages to is not always clear-cut on whether it is important
be a more efective adjustment mechanism in the to maintain low unemployment, because periods
European monetary union (EMU). of high unemployment will raise the natural rate of
• Economic theory and evidence suggest that lex- unemployment (NRU), the minimum rate that can
ible labour markets can be developed by changing: be maintained in the long term.
beneits and the rules under which they are ofered; • he EES tries to encourage the adoption by national
taxation and the interaction between taxation and governments of best practice in MSs’ employ-
beneits; employment protection legislation; trade ment policy, by policy learning, setting targets and
380 Brian Ardy and Ali El-Agraa
Part VI of the book deals with the external relations of the EU. Chapter 24 covers
EU trade relations with its major partners within the context of the Common
Commercial Policy (CCP) run by the European Commission on behalf of all EU
member nations. Chapter 25 tackles EU relations with the developing world in terms
of trade, aid and preferential trading arrangements.
External trade policy
24 M IR IAM M ANC H IN A N D AL I EL - A G RAA
his chapter was originally contributed by El-Agraa, who then persuaded Dermot McAleese to replace him. McAleese was joined in later edi-
tions by Marius Brülhart, and, when he retired, Alan Matthews co-authored it with Brülhart. We are greatly indebted to all three of them, but
especially to Alan, who, despite heavy commitments, including membership of an elite group looking into ways to make savings in Ireland’s
national budget, has helped us greatly with this version.
383
384 Miriam Manchin and Ali El-Agraa
EU (4,213,472), 18%
Rest of the world
(8,248,330), 35%
USA (3,464,733),15%
China (2,563,255),
11%
Russia
(735,045), 3%
China, Hong
Kong Korea (857,275), 4% Japan (1,543,946), 7%
(763,204), 3% Canada (864,459), 4%
Figure 24.1 Main traders (value in US$ million) and share of trade (exports + imports) in goods of the eight most
important trading nations, 2008 Source: UN Comtrade (http//comtrade.un.org); authors’ own calculations
in the Uruguay Round Agreement conducted under the agreements. his section will provide an overview of
auspices of GATT. It was among the strongest propo- the patterns of EU trade as well as trade in services,
nents of the further comprehensive round of trade nego- given their increasing importance.
tiations that was initiated in Doha, Qatar in November
2001. he diiculties in reaching an agreement within
24.2.1 EU trading partners
the Doha Round have revived the tension between the
EU’s commitment to multilateral trade liberalization Most EU trade takes place between EU MSs – that is, it
through the WTO and its ongoing concern with regional is intra-EU. As Figure 5.8 (page 76) shows, about two-
and bilateral agreements outside that organization. thirds of both exports and imports are intra-EU; only
his chapter investigates these themes in four sepa- one-third is conducted with the outside world – that
rate sections. he irst describes the pattern of trade is, extra-EU. Although intra-EU trade is obviously far
between the EU and the outside world. he second more important for the EU as a unit, there are varia-
presents an overview of the EU’s decision-making tions between MSs in this respect.
mechanism in the area of trade policy. he third reviews Figure 24.2 sheds light on the remaining one-third of
the main instruments used for the EU’s CCP. he inal EU trade by depicting the share of diferent countries in
section considers the EU’s trade policy towards its extra-EU exports and imports. he EU’s biggest source
main trading partners and the EU’s engagement in of imports is China, with almost one-ifth of all extra-EU
multilateral trade negotiations. imports. he USA is the second most important part-
ner, accounting for 13 per cent of all extra-EU imports.
Russia, with 10 per cent, is the third main source of EU
24.2 EU trade patterns imports, which are dominated by natural resources. On
the export side, the USA is the major destination for EU
he EU is the world’s leading exporter and second exports, absorbing 19 per cent of all extra-EU exports.
largest importer of goods and the irst trading power Among the top trading partners are also some EU neigh-
in services. Figure 24.1 shows the value of exports and bours: Norway, Turkey and Switzerland; between them,
imports in millions of US dollars for the biggest traders, they account for 17 and 15 per cent of total extra-EU
together with their share of total goods trade in 2008. exports and imports respectively.
he EU’s exports and imports amount to 18 per cent Although trade in services is relatively less important
of world totals, but the USA and China are also sig- than that in goods, it is increasingly gaining in sig-
niicant, with 15 per cent and 11 per cent respectively. niicance. his is revealed in Figure 24.3, which depicts
Hence it should be natural that the leading position of EU imports from and exports to its main partners and
the EU as a global trader greatly inluences its role in the rest of the world, for both goods and (commer-
both multilateral and bilateral trade negotiations and cial) services in 2008. he main EU partner country
External trade policy 385
Libya, 2
USA, 13
Rest of world, 22
Taiwan, 2
Hong UAE, 0
Kong, 1 China (excl. Hong Kong),
Australia, 1 18
Saudi Arabia, 1
South Africa, 1
Algeria, 1 Russia, 10
Singapore, 1
Canada, 2 Switzerland, 6
Japan, 5
Norway, 6
Brazil, 2
India, 2
USA, 19
Rest of world, 26
Libya, 1
China (excl.
Taiwan, 1 Hong Kong), 8
Russia, 6
UAE, 2
Switzerland, 8
Hong Kong, 2
Australia, 2
Japan, 3
Saudi Arabia, 2 Turkey, 4
South Africa, 2
Algeria, 1
Norway, 3
Singapore, 2
Brazil, 2 India, 3 South Korea, 2
Canada, 2
Figure 24.2 Share of imports/exports by partner countries in total extra-EU imports/exports of goods, 2009 Source:
Eurostat (http//epp.eurostat.ec.europa.eu)
in services trade is the USA, with the ratio of services countries, unlike in the case of trade in goods. It can
to goods trade being remarkably high in comparison also be seen from the igure that EU services exports to
with the other main trading partners – for example, the all its main partners, except for India, is higher than its
share with China, one of the EU’s main trading partners imports. Total EU for services exports is about 17 per
in goods, is minuscule. As with trade in goods, intra-EU cent larger than its imports.
services trade is more important than extra-EU trade:
in 2009, 58 per cent of services trade took place within
24.2.2 Composition of EU trade
the EU, amounting to €641.4 billion (Eurostat).
For a direct comparison of EU trade in services and here is a diference in the structure of EU exports and
goods with its main partners, it is more revealing to imports. While machinery and transport equipment
use similar charts; hence consider Figures 24.3 and dominate EU exports, representing 42 per cent of total
24.4 together. Figure 24.4 shows a somewhat diferent EU exports (see Figure 24.5), their share in imports is
pattern for the two trades, in particular the share of only 29 per cent. Another important diference is in
services trade with the USA dominates that of other the share of minerals: as Figure 24.5 shows, the EU is
386 Miriam Manchin and Ali El-Agraa
800
600 Japan (13,913), 3%
400 India
200 (7,335), 2%
0
Russia USA China Japan India Other
exports (60 per cent) than in EU imports (52 per cent). Figure 24.4 Trade in commercial services, 2008 Source:
EU, DG Trade (http//ec.europa.eu/trade/statistics) Note:
All igures are € million, apart from Russia, which is €
24.3 EU trade decision-making billion.
procedures
he key provisions of the common external trade policy, he [CCP] shall be based on uniform principles, particu-
the CCP, are stated in Articles 188B (ex 131) and 188C larly with regard to changes in tarif rates, the conclusion
of tarif and trade agreements relating to trade in goods
(ex 133) of the Treaty of Lisbon, formally, the Treaty on
and services, and the commercial aspects of intellectual
the Functioning of the European Union (TFEU). Article
property, foreign direct investment, the achievement of
188B contains the well-known aspiration:
uniformity in measures of liberalization, export policy
By establishing a customs union in accordance with and measures to protect trade such as those to be taken
Articles 24 to 27, the Union shall contribute, in the common in the event of dumping or subsidies. he [CCP] shall be
interest, to the harmonious development of world trade, conducted in the context of the principles and objectives
the progressive abolition of restrictions on international of the Union’s external action.
trade and on foreign direct investment, and the lowering of
he Lisbon Treaty introduced important changes in
customs and other barriers.
the CCP area. One of the objectives of these is to rein-
he cornerstone of the CCP is Article 188C. It sets out force the position of the EU as a global actor. hus the
the important rule that: treaty created the post of High Representative of the
External trade policy 387
Raw materials
3 4
100% 5 4
5 Commodities and transactions
90% 6 not classified elsewhere in the SITC
24
80% 17 Mineral fuels, lubricants and
70% 6 related materials
9
60% 23 Food, drinks and tobacco
50%
24 Chemicals and related products
40%
Other manufactured goods
30%
42
20% 29 Machinery and transport
equipment
10%
0%
Share of exports by Share of imports by
products (%) products (%)
Figure 24.5 Main product categories in extra-EU exports and imports of goods, 2009 Source: Eurostat (http//epp.eurostat.
ec.europa.eu)
EU imports EU exports
1.5% 0.8%
Figure 24.6 Composition of EU exports and imports in services, 2008 Source: EU, DG Trade (http//ec.europa.eu/trade/
statistics)
Union for Foreign Afairs and Security Policy, who is 24.3.1 Decision-making in goods trade
also a vice-president of the Commission (see Chapter
Decision-making concerning trade in goods functions
2), and whose role is to reinforce the coherence and vis-
on the basis of qualiied majority voting (QMV; see
ibility of EU external action. Recall from Chapter 2 that
Chapter 3, page 38) in the Council. Subject to the
the High Representative is responsible for controlling
Council’s approval, the Commission is empowered to
general foreign policy (outside of trade, development
conduct negotiations in consultation with a special
and enlargement, which has to be made together with
committee appointed by the Council for this purpose.
the Commission).
For example, the Commission negotiates on behalf of
MSs in the WTO. In the cut and thrust of negotiations,
the Commission may sometimes interpret its mandate
in a way with which some MSs may disagree, and this
388 Miriam Manchin and Ali El-Agraa
has been a source of tension in the past. Bilateral asso- investment (FDI), which should facilitate trade nego-
ciation agreements, such as the economic partnership tiations covering FDI provisions as well.
agreements with the African, Caribbean and Paciic
(ACP, see page 14 and Chapter 25) states, require una-
nimity in the Council, and the European Parliament 24.4 Instruments of the external
(EP) also has to give its consent. trade policy
he Lisbon Treaty, which entered into force on 1
December 2009, added some improvements to the
24.4.1 Tariffs
existing procedures. he aims of the introduced
changes were to achieve better working methods, more MFN tarifs are applied on imports coming from coun-
eicient decision-making processes, and to reduce the tries whose products do not enjoy EU preferential
perceived democratic deicit by allowing a greater role treatment. here are only nine countries in the world
for the EP and national parliaments. With the Treaty of with which the EU does not have a preferential trade
Lisbon the EP also obtained more legislative powers in agreement (PTA) and who are members of the WTO,
some areas of trade policy. hence the common external tarif (CET) applies only
to imports from them. However, trade with these
countries represents about one-third of EU external
24.3.2 Decision-making beyond trade in
trade, so understanding the structure of the CET is
goods
necessary and may shed light on the beneits or oth-
As tarifs have been gradually decreased over time, the erwise of having preferential or tarif-free access to
importance of NTBs has increased. As new protection- the EU.
ist measures gained signiicance and the magnitude Figure 24.7 reveals that, overall, 25 per cent of all
of trade in services increased, the role of the diferent product categories entering the EU face zero tarifs.
institutions and EU competence had to be deined hus countries exporting products falling into this cat-
accordingly. In 1994 the European Court of Justice egory would not beneit from having PTAs with the EU.
(ECJ) was asked to rule on the division of compe- Figure 24.7 also shows that in the sectors where aver-
tences with respect to services and intellectual property age tarifs as well as tarif peaks are low, the share of
rights. he ECJ ruled that the EC had exclusive com- products entering the EU market duty-free is high. he
petence with respect to cross-border trade in services, most protected sector by far is agriculture, where aver-
but that MSs retained joint competence with the EC age tarifs are about 18 per cent (see Chapter 20) and
for trade issues involving commercial presence and the highest tarif in the sector has an equivalent to a 604
factor movements. As a result, the WTO agreement per cent ad valorem tarif rate. Two other sectors have
was signed by representatives of both the Council and rather higher protection: ish and ishery products, and
MSs. In 1997 the Amsterdam Treaty granted the EC textiles and clothing. In the textiles and clothing sector
powers to negotiate agreements on services and intel- the share of products entering the EU duty-free is the
lectual property, but only on the basis of unanimity. In lowest, amounting to only 2 per cent.
2001 the Nice Treaty further tilted the balance towards
exclusive competence by extending majority voting
24.4.2 Non-tariff barriers
to these areas (with certain exceptions). Unanimity
continues to prevail in instances where it is required In addition to tarifs, the EU has made signiicant use
for internal decisions, such as taxation matters (see of various NTBs to limit imports (see Chapters 6 and
Chapters 3 and 15) – this is called the principle of 7). hese include quantitative restrictions, price con-
parallelism. he absence of QMV in these areas could trols and regulatory barriers. Speciic examples include
make the conclusion of future trade negotiations cum- import quotas, voluntary export restraints, discretion-
bersome where the outcome is presented as a ‘single ary licensing, anti-dumping duties or prohibitions for
undertaking’, because, de facto, unanimity is required health and safety reasons. As mentioned, NTBs have
for the entire agenda (OECD 2000b). he Lisbon Treaty assumed importance due to the substantial reduc-
extends the scope of the CCP to include foreign direct tions in tarifs that have been achieved over time; it
External trade policy 389
604 604 54 75
41
40
25 26 25
18 14
17.9 19
12 17 21 25
6.7 10.6 20 22 19
10 15 12
2.5 4.4 2 10 14 14
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is therefore useful to discuss those that have become if irms exported products at very low prices in order
especially prevalent, albeit briely. to capture markets abroad and eliminate competition.
he imposition of anti-dumping measures is permit-
Quantitative restrictions ted under WTO rules, if dumping ‘causes or threatens
Quantitative restrictions on imports have similar efects material injury to an established industry ... or materi-
to tarifs (see Chapter 6) in that they raise the price in ally retards the establishment of a domestic industry’.
the domestic market, but they will not provide revenue Complex pricing policies and adjustment for indirect
(rent) to the government unless the government col- cost factors leave a degree of arbitrariness in the cal-
lects the quota rents instead of the importer or exporter culation of dumping margins and ‘material injury’.
irms. Import quotas are generally not permitted under WTO rules also permit countries to take countervail-
WTO rules, but were imposed on clothing and textiles ing action against exports that have beneited from
under successive Multiibre Agreements (MFAs), and subsidies in the exporting country, provided such
have been regulated by the WTO Agreement on Textiles exports cause or threaten to cause material injury to
and Clothing since 1995. Under this agreement, the EU a domestic industry. Safeguard clauses under WTO
eliminated these quotas by 2005 in a phased fashion. provisions allow signatories to take special measures
Quotas on banana imports designed to protect the against import surges or particularly low import prices
market for ACP banana exporters were removed from that cause material injury to domestic industries.
2006. Quotas remain in place for imports of steel from he EU has had frequent resort to anti-dumping
non-WTO countries – for example, Kazakhstan, Russia measures. Over the period 1995–2005 the EU had the
and Ukraine each have a yearly quota, specifying the third largest number of product categories with anti-
maximum amount of steel that can be imported from dumping measures initiated, after India and the USA.
each country. Anti-dumping actions take one of two forms: (a) anti-
dumping duties equivalent to the dumping margin,
Anti-dumping measures or (b) undertakings by exporting countries not to sell
Dumping is deined as selling in export markets below to the EU below an agreed price. he most afected
some ‘normal’ price. he ‘normal’ price of a good product categories are iron and steel products, con-
is commonly deined as the price prevailing in the sumer electronics and chemicals. he EU rarely applies
exporter’s home market. Such divergences could arise countervailing duties, and, in almost all cases, the
390 Miriam Manchin and Ali El-Agraa
investigations concern products that are also subject to 24.5 EU trade relations
an anti-dumping investigation.
Most EU external trade relations are governed by dif-
Regulatory barriers ferent regional and bilateral PTAs, which extend pref-
Regulatory barriers have also become important tools erential treatment to partner countries. Almost all of
for restricting imports. Products imported into the EU these agreements are reciprocal; thus EU exports to
must comply with relevant regulations, where they partner countries receive the same preferential treat-
exist, to meet health, safety and environmental objec- ment. his section irst discusses the EU’s PTAs, then
tives. Technical regulations are mandatory rules laid trade relations with the USA and China, since they are
down by the EU or MSs, while standards are non- the most signiicant in terms of overall trade (see Figure
mandatory rules approved by a recognized body such 24.2), while the inal part provides an overview of some
as a standards institute, which provides an assurance important multilateral issues.
of quality to consumers. Compliance is established
by means of conformity assessment procedures.
24.5.1 Preferential trade relations
Regulations may lay down product characteristics or
their related process and production methods, or they he EU has a complex web of bilateral and regional
may deal with the terminology, symbols, packaging PTAs. With the exception of only nine (Australia,
and labelling requirements applying to a product or Canada, Hong Kong , Japan, New Zealand, Singapore,
production method. Examples include noise and emis- South Korea, Separate Customs Territory of Taiwan,
sion limits for machinery, or labelling requirements Penghu, Kinmen and Matsu, and the USA), all WTO
such as health warnings on tobacco products or the members have PTAs with the EU (see Figure 24.8).
energy consumption levels of household appliances. PTAs sometimes cover only manufacturing goods.
Such regulations raise the cost of exporting where a But occasionally they involve deeper forms of eco-
manufacturer has to meet a diferent set of standards or nomic integration, incorporating trade in services and
pay for the cost of demonstrating compliance with the harmonization of regulations, often with numerous
importing country’s rules. annexes containing highly technical rules and excep-
he EU’s use of regulations and standards must tions, and thus can be rather complex. WTO rules
comply with its obligations under the WTO Agreement (Article XXIV; see Chapter 1) allow the formation of
on Technical Barriers to Trade (TBT Agreement) and, PTAs only if trade barriers on average do not rise
for food safety and animal and plant health measures, after integration; tarifs and NTBs are eliminated within
the WTO Agreement on the Application of Sanitary the area on ‘substantially all’ intra-PTA trade (usually
and Phytosanitary Measures (SPS Agreement). hese interpreted to mean 90 per cent of intra-PTA trade);
obligations generally require the EU to use interna- they are established within a reasonable time; and the
tional standards where they exist (unless they can be project is notiied to the WTO in time for it to determine
shown to be inappropriate), in order to avoid discrimi- whether these conditions are satisied.
nation against imported products and avoid creating he geographic coverage of the EU’s PTAs exagger-
unnecessary obstacles to international trade. Between ates the relative importance of trade links with pre-
2000 and 2008 the EU or its MSs notiied between ferred partners in value terms. he share of extra-EU
76 and 148 new regulations annually under the TBT imports from non-preferential partner countries has
Agreement (World Trade Organization 2009). Some been about one-third of total EU imports for a decade
of the more important trade disputes involving the EU or so. In fact, the share of imports entering under non-
have occurred around the use of regulatory import bar- preferential terms may be substantial given the impor-
riers, such as its ban on the import of hormone-treated tance of product categories where zero tarifs apply and
beef, maximum alatoxin levels in cereals, dried fruit of administrative rules that restrict the use of the prefer-
and nuts, and its labelling requirements for genetically ence schemes by the beneiciary countries. An example
modiied foods. of the latter are rules of origin (RoO), which determine
whether a product has undergone suicient processing
to qualify as originating from a preference-receiving
External trade policy 391
country. By making the rules more restrictive, the EU trade preferences has diminished. Preference erosion
can disqualify many exports from receiving preferen- is likely to accelerate markedly over the next decade.
tial treatment (see Cadot et al. 2005). he costs of these his will pose special problems for ACP countries that
rules are estimated to be in the range of 2–8 per cent have enjoyed advantageous access to the EU market
of the value of trade (see, for example, Carrère et al. for many years, although taking into account the uti-
2006). Manchin (2006) found the costs of RoO for ACP lization rate of current preference schemes and the
countries to be around 4 per cent. he EU’s Pan-Euro administrative costs of satisfying the requirements
system, introduced in 1997, ensures that the same RoO for obtaining the preferences reduces the magnitude
applies to all preferential agreements signed by the EU, of erosion costs signiicantly (Hoekman et al. 2006).
which might help to lessen the degree of complexity Second, attention is likely to focus more on issues such
of preferential regimes under the CCP (Estevadeordal as the right of establishment in services markets, attrac-
and Suominen 2005). tion of foreign investment, rights to tender for public
here are several issues that are likely to change the sector contracts in partner countries and competition
importance of the preference schemes in their current law. hird, developing countries will have to provide
form. First, as global trade liberalization gathers steam reciprocity in future PTAs if they are to be acceptable
and trade barriers crumble, the practical usefulness of under WTO rules. his means they will have to reduce
392 Miriam Manchin and Ali El-Agraa
their own import barriers as well. For some there will (McQueen et al. 1997). Even the Commission acknowl-
be a serious loss of government revenues as a result and edges the failure of the agreement to deliver its objec-
some (small) danger of trade diversion. While some tive: ‘preferential access failed to boost local economies
developing country governments tend to see the reduc- and stimulate growth in ACP countries’.1
tion in tarifs as a ‘concession’, trade theory suggests he EU substantially revised the preference scheme,
the opposite conclusion. Properly managed, the liber- with the new EPAs dating back to the signing of the
alization of imports can bring considerable beneits to Cotonou Agreement in 2000. he new agreement grad-
their economies. ually moves away from unilateral preferences towards
reciprocal preferences between the EU and ACP coun-
Generalized system of preferences tries (see Chapter 24).
he generalized system of preferences (GSP) is a uni-
lateral scheme providing preferential access for 176 Euro-Mediterranean trade agreements
developing countries in the form of reduced tarifs he Euro-Mediterranean partnership was launched
for their goods when entering the EU market. It is in 1995 (the ‘Barcelona Process’). All the countries
applicable for a period of three years at a time, and is in the Mediterranean region (Algeria, Egypt, Israel,
then revised and renewed. he renewals provide some Jordan, the Palestinian Authority, Lebanon, Morocco,
lexibility for the EU, but could also create some uncer- Syria, Tunisia and Turkey2), with the exception of Syria,
tainty for traders. signed association agreements with the EU. he agree-
he GSP consists of three arrangements. he irst ments aford them duty-free access to the EU market
is for all eligible countries. he second is a ‘special for manufactured goods, and preferential treatment
incentive arrangement for sustainable development for exports of agricultural, processed agricultural and
and good governance’ (GSP+), which provides fur- isheries products. Tarifs will gradually be dismantled
ther preferences to those countries that implement for EU exports to these countries.
international standards in sustainable development Compared to some of the Europe agreements signed
and good governance. he third is the Everything But with the Eastern European countries in the mid-1990s,
Arms (EBA) initiative, the most generous arrangement, the Barcelona process is characterized by somewhat
ofering duty- and quota-free access to the EU market limited bilateral free trade areas (FTAs). his is due to
for least developed counties (LDCs) (for rice and sugar, lack of coverage: agriculture and services are rarely
tarif-free and quota-free access was introduced in included; and also to lack of depth: substantial (and
2009, for bananas in 2006) (for more on GSP, see probably increasing) technical barriers to trade remain,
Chapter 24). due to diferences in regulatory requirements and the
need to duplicate testing and conformity assessment
Economic partnership agreements between when selling in overseas markets. hey are also limited
the EU and African, Caribbean and Paciic by rules: restrictive RoO and lack of cumulation con-
countries strain the degree of efective market access (Brenton
he irst agreement between the EU (then the EEC) and and Manchin 2003). (See more on the Barcelona proc-
ACP countries dates back to 1963, when the Yaoundé ess in Chapter 25.)
Agreements were signed. hese were in efect during Euro-Mediterranean trade agreements are charac-
1963–75. he objective was to foster economic coop- terized by a hub-and-spoke structure, where the EU
eration between the EU and ACP countries, including is in the centre of the web, with the sizes of the trading
through development assistance. partners being very diferent. While trade with most
However, despite beneiting from one of the most of the partner countries represents only a small share
generous trade preference schemes of the EU, pro- of total EU trade, the EU is the most important trading
viding free access (subject to RoO) for 95 per cent partner for most of them. his hub-and-spoke structure
of their exports, it is a generally accepted view that is further reinforced by limited regional integration
ACP countries have been unsuccessful in taking advan- between the non-EU nations. Due to this asymmetry,
tage of their preferential status and, indeed, have per- the EU dominates the region’s trade relationships.
formed poorly relative to other developing countries
External trade policy 393
European Free Trade Association the basis of this strategy, bilateral action plans were
A series of bilateral FTAs were negotiated in the early agreed with each participating country. he ENP aims,
1970s between some of the European Free Trade among other things, to create grounds for possible
Association (EFTA) nations (Austria, Finland, Iceland, further trade liberalization and for gradual participa-
Norway, Sweden and Switzerland) and the EU, most tion in the SEM. Negotiations for a new Partnership
of which came into force in 1973, after Denmark and and Cooperation Agreement are ongoing. Francois and
the UK left EFTA to join the EU (see Chapters 1 and 2). Manchin (2009) estimated the efects of a potential FTA
hese applied to virtually all trade in industrial prod- between CIS countries and the EU, and found that CIS
ucts, but excluded agricultural goods. While these countries would only beneit from it if it were to incor-
EFTA producers did not have to pay tarifs (when RoO porate deeper forms of integration and not be limited
were satisied), they faced important NTBs, which to liberalization of tarifs on goods.
substantially increased costs when selling on the EU
market. In order to achieve further integration, a new Western Balkans
agreement, the European Economic Area (EEA), was In 2000 the EU granted autonomous trade preferences
concluded in 1992 and entered into force in 1994; to all the Western Balkan countries, allowing nearly all
all EFTA nations bar Switzerland (which rejected their exports (except some agricultural products) to
EEA membership in a referendum) signed the agree- enter the EU duty-free. Also, the Western Balkans have
ment (see Chapter 2). Liechtenstein joined the EEA been ofered Stabilization and Association Agreements
in 1995. Due to the accession of Austria, Finland and (SAAs): the two with Croatia and Macedonia are already
Sweden to the EU in 1995, and the non-participation in force, and one has been signed with Serbia. he trade
of Switzerland, the EFTA side of the EEA is now lim- part of the SAAs is efective with Albania, Bosnia and
ited to two small European nations and a territory: Herzegovina and Montenegro. he agreements aim to
Iceland, Liechtenstein and Norway. Today the EEA progressively establish an EU–Western Balkans FTA.
extends the Single European Market to these three, hese agreements are similar to the Europe Agreements
but they have no say in its legislation (see Chapters that were signed between the Eastern European candi-
2 and 6). date countries and the EU in the mid-1990s, covering
somewhat more than just goods trade liberalization
Commonwealth of Independent States (aligning rules on EU practice and protecting intellec-
Although the EU does not have an FTA with the tual property).
Commonwealth of Independent States (CIS; see
Chapter 1), there are some agreements in place which Other non-regional preferential agreements
touch on trade and possible future integration. One of Numerous PTAs have either been signed or are under
the EU’s most important trading partners is Russia: it negotiation between the EU and other non-European
is the third most important exporter to and importer countries or regions. he EU has FTAs with Chile,
from the EU, accounting for 10 per cent of total EU Mexico and South Africa, as well as with the Gulf
external imports and about 6 per cent of EU external Cooperation Council (GCC, comprising Bahrain,
exports. Other CIS countries play a lesser role, with Kuwait, Oman, Qatar, Saudi Arabia and the United
about 2.5 per cent of total EU external exports and Arab Emirates; see Chapter 1). he EU and Mercosur
imports originating from them, but some of them are (Brazil, Argentina, Uruguay and Paraguay; see Chapter
in the EU’s GSP. 1) have been negotiating (on and of) an FTA since
With the 2004 and 2007 EU enlargements, the physi- 1999. Negotiations are also ongoing with South Korea,
cal border of the EU shifted towards the east, and ASEAN (Brunei, Cambodia, Indonesia, Laos, Malaysia,
several CIS countries (Russia, Ukraine, Belarus and Myanmar, the Philippines, hailand, Singapore and
Moldova) are now immediate neighbours of the EU. Vietnam), and with Canada, Central American coun-
he Commission proposed a ‘diferentiated, pro- tries, Colombia, Peru, India, Singapore and South
gressive, and benchmarked approach’ to the new Korea.4
neighbours, which was speciied in the European
Neighbourhood Policy (ENP) Strategy Paper.3 On
394 Miriam Manchin and Ali El-Agraa
USA
24.5.2 Trade relations with some other
he EU–USA bilateral trade relationship is the most
important partners
important in the world in value terms. In 2009 EU goods
As mentioned above, this section covers relations with exports to the USA amounted to €204.4 billion, with
the EU’s two main partners, China and the USA. imports being €159.8 billion. For services trade the EU
exported €119.4 billion and imported €127 billion in
China 2009. his is despite the fact that the two have no PTA,
China is the EU’s fastest-growing goods exports market, but are of course the power base of the WTO.
worth €81.7 billion in 2009. EU goods imports from Although EU trade with industrial countries is in
China amounted to €214.7 billion for the same year. principle governed by WTO rules, this has not pre-
China is the world’s largest exporter and second larg- vented controversy arising on many speciic issues. EU
est importer. he EU, in turn, is China’s biggest trading economic relations with the USA have been based on
partner, ahead of the USA and Japan, and accounting strong political and cultural ties, as well as common
for about 20 per cent of Chinese exports. EU–China economic interests. Yet at times it appears as if the
trade has been increasing signiicantly in recent years two partners are locked in a state of perpetual crisis. In
and more than doubled during the period 2003–7 (see the past, trade wars have threatened to erupt because
El-Agraa 2007 for a perspective during 1981–2003). of disputes over issues as diverse as steel, hormone-
hus trade relations between the EU and China are treated beef, aircraft noise, subsidies to Airbus, geneti-
increasingly important for both. he Commission cally modiied crops and bananas. Although full-scale
states that ‘China is the single most important chal- trade wars have threatened to break out on many occa-
lenge for EU trade policy’.5 sions, the strong mutuality of interests between the
he EU and China have a formal relationship, insti- USA and the EU has, on each occasion thus far, brought
gated by the EU in 1995 and endorsed by China in them back from the brink. Trade relations are charac-
2003 (El-Agraa 2007). Also, the ‘EU–China High Level terized by constant levels of minor friction rather than
Economic and Trade Dialogue’ was launched in 2008. a deep divergence of interests.
It aims to deal with the most important issues related On a regular basis, high-level EU–US summits take
to EU–China trade and economic relations, including place to discuss relevant issues and possibilities for
issues in the areas of investment, market access and facilitating economic links between them. At the 2007
protection of intellectual property rights. Furthermore, summit the two signed a Framework for Advancing
negotiations on a Partnership and Cooperation Transatlantic Economic Integration between the USA
Agreement (PCA) started in 2007. and the EU. he framework included the establish-
he EU–China trade relationship is not running ment of the Transatlantic Economic Council (TEC),
smoothly, however, due to some EU concerns, mainly which aims to increase economic integration between
related to the EU’s trade deicit with China. Some of them. he 2005 summit identiied regulatory coop-
these were raised by the EU during China’s Trade eration as the prime aim of transatlantic cooperation.
Policy Review at the WTO in 2010.6 hey included Regulatory cooperation is directed towards reducing
problems related to China’s NTBs, investment restric- EU–USA NTBs, which are important barriers to trade
tions on foreign companies, protection of intellectual in both goods and services. his is because bilateral
property rights and unjustiied state interference in tarifs between the two countries are less important,
the economy. Note that although the EU’s trade deicit since those on goods traded between the two countries
with China is substantial, the overall EU trade deicit is are low. hus reducing NTBs is of the essence. Ecorys
negligible; while the trade deicit with China is increas- (2009) inds that abolishing the ‘removable’ EU–USA
ing, that with the rest of the world has been decreas- NTBs would result in considerable economic beneits
ing. Also, many countries export to the EU via China, for both: an increase in EU GDP by €122 billion per
not from their home countries (Erixon and Messerlin year, with exports rising by 2.1 per cent; and a €41 bil-
2009). lion per year increase in US GDP, with a 6.1 per cent
enhancement of US exports.
External trade policy 395
of the three pillars of the WTO. TRIPS negotiations by businesses can have a signiicant impact on access
were championed mainly by the USA and the EU, to markets. It has sought rules that would require
against much initial opposition from developing coun- countries to introduce a national competition policy
tries. Divisions surfaced again when it appeared that and to enforce it. It has also highlighted the need for
TRIPS protection would prevent developing countries more international cooperation to deal with questions
from gaining access to generic drugs as part of their such as international cartels and multi-jurisdictional
public health programmes. At Doha in November 2001 mergers. his market access agenda is not necessarily
WTO ministers issued a declaration emphasizing that shared by developing countries, who have been more
the TRIPS agreement should not prevent MSs from concerned about possible anti-competitive behaviour
protecting public health. hey conirmed the right of by large multinational companies at their expense.
countries to grant compulsory licences (authorization, hey are also unhappy at the prospect of undertaking
under certain conditions, to produce a drug or medi- additional commitments in an area where they have
cine without the consent of the patent holder) and to limited capacity and foresee limited gains. Reaching
resort to parallel imports (where drugs produced by the agreement is also made more diicult, as in the case
patent holder in another country can be imported with- of intellectual property rights, by theoretical disa-
out their approval) where appropriate. A further waiver greements as to what appropriate competition policy
was agreed in 2003, to allow countries producing under should be.
a compulsory licence to export to eligible importing he EU succeeded in establishing a WTO working
countries. his was particularly important for the least- group on the interaction between trade and competi-
developed countries, which do not have the indigenous tion policy at the WTO ministerial meeting in Singapore
pharmaceutical manufacturing capability to produce in December 1996. his group discusses the relevance
their own generic drugs. of fundamental WTO principles of non-discrimination
Under the TRIPS agreement, signatories have to and transparency for competition policy. here is no
establish minimum standards of intellectual property question of trying to harmonize domestic competition
rights protection, implement procedures to enforce laws, but even reaching agreement on a more general
these rights and extend the traditional GATT principles framework is proving diicult. he Doha Declaration
of national treatment and MFN practice to intellectual had set the objective of establishing a multilateral
property. It was agreed that twenty-year patent protec- framework on competition policies, but this topic was
tion should be available for all inventions, whether of dropped from the remit of WTO negotiations in 2004.
products or processes, in almost all ields of technol- he question being of evident concern to the EU, it is
ogy. Copyright on literary works (including compu- certain to appear again sooner or later on the interna-
ter programmes), sound recordings and ilms is made tional policy agenda.
available for at least ifty years. Under the agreed tran-
sition period, most countries had to take on full TRIPS Trade and the environment
obligations by 2000, while the least-developed coun- Environmental policy moved to a prominent position
tries were allowed to postpone application of most on the trade agenda during the 1990s (see Chapter 18).
provisions until 2006, which is now extended to 2013 Until then, virtually the only environmental concern
in general, and to 2016 for pharmaceutical patents and to afect trade policy was the protection of endan-
undisclosed information. gered species. With the rise of ecological awareness
and trans-frontier pollution problems, such as ozone
Trade and competition policy depletion, acid rain and global warming, trade policy
he relationship between trade and competition policy came to be seen as a signiicant element in a country’s
was irst raised by the USA, which, for many years, overall environmental policy.
like the EU, claimed that Japanese corporate groups he main trade policy issue in this debate relates
undermined market access for foreign suppliers by to the use of import restrictions on goods whose
buying largely from each other and maintaining closed production creates negative trans-border environ-
distribution chains. More recently, the EU has made mental externalities. Economic theory suggests that
the running, arguing that anti-competitive practices in such circumstances the most eicient remedy is
External trade policy 397
to apply direct environmental policy at the source of carbon tax have been resisted by business interests (see
the externality – for example, through pollution taxes, Chapter 18).
eco-subsidies or regulation (see Chapter 18). However, We conclude that trade policy is certainly not the
environmental policies are often diicult to enforce, so best, and can often be an inappropriate, instrument to
this irst-best option may not be feasible. In that case, protect the environment. International dialogue and
import restrictions may be the only practicable policy agreed domestic policy measures are a more eicient
tool. he main drawback of import restrictions against alternative. he main platform for such negotiations
polluting countries is that they provide protection to is the WTO Committee on Trade and Environment,
domestic producers of the importable good, and eco- which was established in 1995. Discussions in this
logical arguments are therefore vulnerable to abuse by committee have so far been a mere stocktaking exer-
domestic protectionist lobbies. For this reason, trade cise, and its reports have rarely contained speciic pro-
measures should be temporary and accompanied by posals. he EU, like everybody else, supports the case
eforts to implement environmental policies in the pol- for multilateral environmental agreements, but the dif-
luting countries. iculty lies in getting countries to agree.
Even if the externalities are dealt with by environ-
mental policies adopted at the source, new problems Trade and labour standards
can still emerge. Environmental policies afect the he social dimension to increased international trade
competitiveness of open economies. hus countries has received increasing attention, given the concern
with lax environmental legislation are blamed for ‘eco- that trade and investment lows should beneit people
logical dumping’, and import-competing industries in at large and not just international business. his has
countries with stringent laws may lobby for protection led to calls for a social clause in WTO rules that would
to ensure a level playing ield. As before, the irst-best allow trade barriers to be invoked against imports
way of ensuring a level playing ield is by achieving from countries deemed to violate minimum labour
some degree of coordination in environmental poli- standards. Human rights and moral advocates of a
cies across countries. his does not necessarily mean social clause see it as a way of promoting and enforc-
that all countries must adopt exactly the same envi- ing core labour standards and helping to eradicate
ronmental regime, but it provides a powerful rationale exploitative working practices. he diiculty is that
for seeking agreement on environmental policies on a trade sanctions will do little for the bulk of the labour
multilateral basis. Even if an agreed way of eradicating force in developing countries, which is employed in
ecological dumping could be found, it remains ques- the informal sector, and could even have the opposite
tionable if trade restrictions are the most appropriate efect to the one desired. A less well-founded argu-
remedy. Restricting imports can be counterproductive, ment is that lower labour standards, especially in
as it promotes the domestic activities that the environ- developing countries, give them an ‘unfair’ competi-
mental policy is attempting to restrain. tive advantage, which will either lead to ‘social dump-
On another tack, some environmentalists argue that ing’ (the ability to sell goods abroad more cheaply,
the rising volume of international trade in itself is analogous to ‘ecological dumping’), or to the erosion
causing serious damage to the environment. Oil leak- of existing social standards in developed countries
age from tankers and pollution from increased road (the ‘race to the bottom’ argument), as footloose irms
haulage are classical examples. hey recommend a threaten to uproot to take advantage of laxer standards
reduction in trade, if necessary by protection, as a elsewhere. his version of the pauper labour argu-
solution. he standard economic response would be ment is no less a fallacy for being restated in modern
that trade restrictions are ineicient and that policy guise. Focusing only on labour costs ignores the sub-
should instead be aimed at the source of the problem stantially higher productivity of labour in developed
– for example, taxation of oil shipments and on the countries. Developed countries are perfectly able to
use of polluting fuels by lorries. One could agree with compete in the sectors where they have a comparative
this, while pointing out that such correct policy action advantage.
may not be politically feasible. Witness, for example, he 1995 World Summit on Social Development
the way in which the Commission’s proposals for a in Copenhagen identiied four core labour standards
398 Miriam Manchin and Ali El-Agraa
for the irst time, and these were later conirmed by trade preferences for countries that comply with these
the 1998 International Labour Organization (ILO) standards, and allowing for the withdrawal of prefer-
Declaration on Fundamental Principles and Rights at ences where beneiciary countries practise any form of
Work. he four core standards are freedom of associa- slavery or forced labour.
tion and collective bargaining; the prevention of child
labour; the elimination of forced labour; and the out-
lawing of discrimination. he EU is strongly committed 24.6 Conclusion
to the protection of core labour rights, but the debate is
about the appropriate role for the WTO in this task. he he EU is one of the world’s most important trad-
ILO enforcement mechanism, being limited to ratiied ers. While initially EU trade policy mainly consisted
conventions, is rather weak; hence the attraction of of tarifs and import quota restrictions on goods, the
using the WTO, with its rules-based system and bind- importance of the former has gradually diminished
ing dispute settlement mechanism, as the means to and today is marginal, with the exception of tarifs
ensure compliance. on agricultural products. While tarif protection has
In the irst WTO ministerial conference in Singapore waned, NTBs have assumed increased importance –
in December 1996, the EU was among those suggesting hence the SEM of 1992. But the SEM is a family afair,
that a WTO working party be created to look into the so there is still scope for realizing further global inte-
links between international trade and working condi- gration through the removal of NTBs between the EU
tions. he proposal was iercely resisted by the develop- and its trading partners. Apart from tarif reductions,
ing countries, which saw it as a guise for protectionism the EU has also facilitated access to its markets to
and a cover for more restrictive trade measures. he numerous countries by establishing a complex system
inal declaration conirmed that the ILO was the com- of preferential trade agreements, leading to the now
petent body to ‘set and deal’ with labour standards. familiar ‘spaghetti bowl’ depiction. Furthermore, the
At the Seattle ministerial conference in 1999, the USA EU continues to be a very active leader in multilateral
returned to the working party proposal, while making trade liberalization through the WTO. Agriculture still
clear that its ultimate objective was to incorporate remains a sensitive area, both in multilateral liberaliza-
core labour standards into all trade agreements and tion negotiations and bilateral agreements, where the
make them subject to trade sanctions. his was a major coverage in agricultural goods is often not the same as
reason for the failure of the Seattle conference (see in manufacturing goods.
Chapter 25). Labour standards therefore do not fea- here are important challenges ahead for EU trade
ture on the agenda of the Doha Round negotiations. policy. he EU needs a secure system of rules of interna-
In 2001 the Doha Ministerial Declaration reairmed tional trade, given that it relies heavily on trading with
the declaration made at the Singapore Ministerial other nations. his implies the need for an eiciently
Conference regarding internationally recognized core functioning dispute settlement system at a multilateral
labour standards. level. Due to the increasing relative importance of non-
he EU has opposed sanctions as a way of enforcing tarif barriers, there is an increasing need to address the
core labour standards, but it continues to insist on the problem arising from divergence in regulatory systems
necessity of showing that trade liberalization does not between countries. he economic downturn, coupled
lead to a deterioration in working conditions. It has with concerns about food and energy security, makes
proposed strengthened mechanisms within the ILO these issues even more challenging to tackle.
to promote respect for core labour standards, a review Some recent changes introduced in the Lisbon
mechanism between the WTO and the ILO, as part of Treaty, such as the reinforcement of the EU’s external
which a trade angle would be linked to the reviews con- actions by the new High Representative, and the exten-
ducted by the ILO, and support for private sector and sion of the scope of CCP to include FDI, might facilitate
voluntary schemes (such as codes of conduct and ethi- future negotiations in the area of trade. However, the
cal labelling schemes) (CEU 2001a, CEU 2006o). It has precise form of the EU’s future external policy will
also used social incentives, under its GSP scheme, to depend on several factors. Among these are that the
promote core labour standards by providing additional increasing heterogeneity among EU MSs is likely to
External trade policy 399
make it more diicult to reach consensus, and that the property. hese last negotiations collapsed in 2008,
current economic crisis might lessen the enthusiasm due to lack of compromise on agricultural import
for further integration. rules.
• he EU is the world’s largest trader and on average 1. What does a common commercial policy mean?
trades more within itself. Its main trading partners 2. What is the role of the Commission when it comes
in goods are China, Russia, Switzerland and the to EU external trade policy?
USA. he EU’s trade in services is of lower value 3. If an outside country, say, Japan, has a trade
relative to goods, and with many countries it is only dispute with, say, France, can the two settle the
a small share of total trade. he most important EU matter between themselves?
exporting sectors are machinery, transport goods 4. Which countries are the EU’s most important trad-
and other manufactured goods. hese sectors also ing partners in goods and services trade?
represent an important share of imports, together 5. Why does the EU have a ‘special relationship’ with
with mineral fuels and related materials, which China?
amount to one-quarter of total imports. 6. Which sectors are the most protected by the EU’s
• he Commission has sole responsibility for EU common external tarifs?
external trade relations, and is in charge of negotia- 7. What kinds of important non-tarif trade barriers
tions with the outside world, in consultation with a does the EU have?
special committee appointed by the Council. All 8. Which are the EU’s most important regional pref-
trade agreements are subject to Council approval erential agreements?
and, increasingly, jointly with the European 9. Discuss the developments of diferent trade policy
Parliament, especially after the changes introduced instruments over time.
by the Lisbon Treaty in December 2009. 10. ‘Providing preferential access to the EU market
• EU common external tarifs are rather low, with which is limited to elimination of tarifs on imports
the exception of agricultural goods and textile and from the partner country would not be worth
clothing products. With the reduction of tarifs on much.’ Discuss.
imports over time, some non-tarif barriers have 11. Discuss the possibilities of future directions of EU
gained more importance. trade policy towards China.
• Most EU external trade is governed by diferent
regional and bilateral preferential trade agree-
FUR TH ER REA DING
ments, which constitute a complex web of prefer-
ential trade links depicted as the ‘spaghetti bowl’. Baldwin, R. E. (1994) Towards an Integrated Europe, CEPR,
Although only nine countries do not have prefer- London.
ential agreements with the EU, some of them are Hoekman, B. (2007) ‘Regionalism and development: the
among the EU’s most important trading partners, European neighbourhood policy and integration a la
carte’, Journal of International Trade and Diplomacy,
accounting for about one-third of EU external trade.
vol. 1, no. 1.
Of these countries, the two most important part-
Hoekman, B. and Kostecki, M. M. (2001) he Political
ners, China and the USA, were reviewed.
Economy of the World Trading System: he WTO and
• he EU is one of the most prominent actors in mul- Beyond, Oxford University Press.
tilateral liberalization within WTO. Sapir, A. (2000) ‘EC regionalism at the turn of the millen-
• In the context of the last round of multilateral lib- nium: toward a new paradigm?’, World Economy, vol.
eralization negotiations, the EU aimed to achieve 23, no 9.
further liberalization of access to markets for goods
and services, and to strengthen coverage in the
areas of investment, competition and intellectual
400 Miriam Manchin and Ali El-Agraa
N O TES 5 http://ec.europa.eu/trade/creating-opportunities/
bilateral-relations/countries/china
1 http://ec.europa.eu/trade/wider-agenda/ 6 Trade Policy Reviews (TPR) on China take place regu-
development/economic-partnerships
larly. hese reviews not only have a WTO transparency
2 Turkey has a customs union with the EU on industrial function, but also provide negotiation and dispute set-
goods excluding agriculture. tlement functions. hey allow WTO members to review
3 It was approved by the Council in June 2004 in the
openness to trade and raise questions and concerns
Council’s Presidency Conclusions 10679/2/04. over market barriers.
4 Up-to-date information about ongoing negotiations can
be found on the DG Trade’s website: http://ec.europa.
eu/trade/creating-opportunities/bilateral-relations
The EU and the developing world
25 AL I E L - AGR AA
25.1 Introduction 3 DCs through both its trade and its development coop-
eration policies. It then concentrates on the trade
he EU’s economic size and its role in world trade mean arrangements that are intended to beneit DCs, fol-
that it is a key player in structuring the global economic lowed by discussion on the development cooperation
environment for developing countries (DCs) through or inancial aid arrangements. Unfortunately, due to
its aid and trade policies. EU member states (MSs) are space limitations, other aspects of development aid,
the largest trading partner of DCs, absorbing about one- such as EU humanitarian or food aid, will not be cov-
ifth of their exports in 2009 and accounting for a similar ered except in passing. he conclusion highlights some
portion of their imports. Also in 2009 the EU and its of the main issues in the current debates on the EU’s
MSs provided 56 per cent of total oicial development relations with DCs.
assistance (ODA) worldwide. Moreover, the EU has a
signiicant indirect inluence through its active partici-
pation in international organizations that manage the 25.2 Essential background
world economic system – for example, the World Bank,
the World Trade Organization (WTO) and, before it, Before getting down to the set task, it is necessary to
the General Agreement on Tarifs and Trade (GATT, provide some essential background information. First,
managed by the WTO since 1995). Furthermore, the the economic environment in which the EU’s rela-
EU development cooperation policy is comprehensive tions with DCs are played out is changing fast. he
in its approach, including trade arrangements, ODA most striking feature of the global economy over the
and political dialogue,1 with important and even radical past three decades has been the growing diferentiation
changes having been adopted by the EU in 2009 in its in economic performance. Overall diferences in gross
development policy. But more signiicant than all these national income (GNI) per capita between advanced
considerations is that the EU’s relationship with DCs nations and DCs remain large: in 2008 average income
goes back to the time of the creation of the European per capita was $39,687 in the high-income countries,
Economic Community (EEC), when the ex-colonies, but only $2,780 in the low- and middle-income DCs.
especially those of the French, had to be accommo- However, for some DC regions the gap has been nar-
dated before the 1957 Rome Treaties could become a rowing rapidly. his is particularly the case for the
reality, with the admission of the UK and the Iberian Asian ‘tigers’ (Hong Kong, Singapore, South Korea and
nations extending and enhancing the Community, to Taiwan) and the East Asia and Paciic region, domi-
encompass African, Caribbean, Latin American and nated by China. During the 1990s, GNI per head in these
Asian nations. country groups had an annual growth rate of 4 per cent
his chapter explores the way the EU interacts with and 6.3 per cent respectively, compared to just 1.8 per
his area was only touched on in my external relations chapter in the irst edition. It blossomed into a full chapter under Alan Marin, then
Enzo Grilli, then Alan Mathews. Sadly, Alan has decided to make a clean break, with imminent retirement, so all I have done is to update
and simplify his excellent contribution. Nevertheless, he has commented on various drafts of the chapter and made helpful suggestions; I
am therefore greatly indebted to him in more ways than one. I am also grateful to Miriam Manchin for helpful comments and suggestions
on various drafts of the chapter.
401
402 Ali El-Agraa
cent in the Organization for Economic Cooperation and liberalization under the auspices of the WTO/GATT
Development (OECD) countries, and China has been is reducing the value of trade preferences and the EU
growing by more than 10 per cent for about a decade. has been searching for new models of cooperation.
he economic performance of Latin America and the he second is legal: the EU’s network of discriminatory
Caribbean has been less strong. Following an average preference schemes runs counter to GATT/WTO rules
3.3 per cent annual growth in the 1970s, the region was on regional trade arrangements (RTAs; see Chapter
devastated by the debt crisis in the 1980s, which led to a 1), but for years the EU was able to persuade other
‘lost decade’ for development in which living standards WTO members to condone them. In the mid-1990s the
declined. Recovery in the early 1990s started weakly, cost of obtaining these waivers became too high and
but overall performance has matched that of the 1970s, the EU decided instead that it would enter into WTO-
despite fears of the inancial fragility of the region in compatible trade arrangements with its DC partners.
the aftermath of Argentina’s default on its foreign debt hese are required to be free trade areas (FTAs), cov-
in 2001; the biggest default in history. Moreover, its ering substantially all trade between the contracting
performance has been stronger than that of either the parties (see Article XXIV in Chapter 1). hus the EU has
Middle East and North Africa or Sub-Saharan Africa. been actively pursuing with many DCs the conversion
In the latter, average living standards have contracted of its selective preferential agreements into FTAs.
steadily for two decades, as a result of a combination hird, EU development cooperation policy is evolv-
of natural disasters, slumping commodity prices, eco- ing rapidly. Private capital lows have come to dwarf
nomic mismanagement, civil strife and, most recently, the role of development aid as a source of investment
the AIDS epidemic. World Bank forecasts for the period capital in DCs. In the face of growing dissatisfaction
to 2015 project that these diferences will persist, with with the outcome of aid programmes and growing ‘aid
yearly per capita growth rates of 5.3 per cent in east fatigue’, the search has been on to deine new roles for
Asia and 4.2 per cent in south Asia, contrasting with 2.6 aid and to see where it can be used most efectively. he
per cent in the Middle East and North African region EU has undertaken a comprehensive re-evaluation of
and 1.6 per cent in sub-Saharan Africa. As we shall its development cooperation policy objectives, which
see below, the latter are the two regions on which EU has placed poverty alleviation at the centre; indeed
development policies have a particular focus. hus EU the 2009 Treaty on the Functioning of the European
development policy is required to address an increas- Union (TFEU, the Lisbon Treaty) clearly states that
ingly disparate group of DCs, where the appropriate the EU’s development cooperation policy ‘shall have
mixture of policy instruments is going to vary, depend- as its primary objective the reduction and, in the
ing on the circumstances of the particular country or long-term, the eradication of poverty’ (Article 280.1).
country grouping being considered. Also, the EU has been an enthusiastic supporter of the
Second, many of the old foundations of past EU Millennium Development Goals (MDGs) launched at
relationships with DCs are being swept aside. hese the UN Millennium Development Summit in 2000,
relationships were based on a mixture of trade pref- which include the goal of reducing global poverty by 50
erences and development aid to promote trade and per cent from its 1990 level by 2015. At the same time,
development in the weaker DCs, while restrictive trade development cooperation is also required to come to
measures (high protection against agricultural imports, terms with the changed world after 11 September 2001.
quotas on the imports of textiles and clothing, and anti- here is now a closer link between security and devel-
dumping duties on the import of particularly competi- opment policy, as emphasized in the 2003 EU Security
tive manufactured goods) and the absence of inancial Strategy, which deined security as the ‘irst condition
aid characterized EU relations with the more advanced for development’. he higher salience of South–North
DCs. Many DCs pursued inward-looking development ‘contagion efects’ arising from issues such as terror-
strategies and were little interested in attracting private ism, migration, disease and pollution may lead to aid
foreign investment. he liberalization of world trade being driven more by the security concerns of the
and capital movements in recent years is gradually donor rather than by the development interests of the
transforming these relationships. recipient in the future.
Trade preference schemes are weakening for Fourth, EU development cooperation policy has
two separate reasons. he irst is economic: trade been characterized by a strong regional emphasis, with
The EU and the developing world 403
particular groups of partner countries, such as the can also inluence DCs’ own trade policies, through
African, Caribbean and Paciic (ACP) states, Asia and economic and trade cooperation agreements and by
Latin American (ALA) countries, the Mediterranean encouraging regional arrangements between them.
nations, and, more recently, PHARE and TACIS coun- he EU’s trade policy towards DCs originally took
tries (these are the Central and Eastern European coun- the form of autonomous non-reciprocal preferential
tries, CEECs, and the former Soviet Union, respectively; arrangements. hese were of two kinds: the general-
see Section 25.3.2, page 405). he most long-lived and ized system of preferences (GSP) available to all DCs,
comprehensive of these regional arrangements has and special preferential schemes for particular groups
been the relationship with ACP countries, originally of countries (see Chapter 24). he two most important
under successive Lomé Conventions and now under special schemes were the trade preferences under the
the Cotonou Agreement. he Lomé Convention, irst Lomé Convention (since 2000 the Cotonou Agreement)
signed in 1975, was hailed at the time as a model for a with ACP countries, and those with the EU’s neigh-
new type of development partnership between indus- bours in the southern and eastern Mediterranean.
trialized countries and DCs. Its innovations of partner- Non-reciprocity meant that DCs were not required
ship, deep trade preferences and long-term contractual to ofer similar preferential access to their markets in
aid commitments were certainly novel at the time. return for the access privileges they are granted to EU
However, the EU’s geographic priorities changed rap- markets. he schemes difered according to the prod-
idly in the 1990s, following the end of the cold war and ucts covered, their contractual basis and the size of
relecting the changing importance of diferent DC the concessions ofered. Together, they formed a hier-
regions in international trade. Priority is now given, archy of preferences, with the ACP signatories to the
under the European Neighbourhood Policy, to the sta- Lomé Convention in the most preferred category, the
bility and development of neighbouring countries, and Mediterranean countries in an intermediate category
to aid for countries in crisis in the regions nearest to and most ALA countries in the least preferred category,
the EU. he ACP countries are no longer as central to with GSP preferences only.
EU development cooperation policy as was once the his trade policy has become even more diverse
case. On the other hand, in 2005 the EU launched its since the mid-1990s. In 2001 the EU decided to admit
Africa Strategy, which reemphasized its commitment all products from countries on the UN’s list of least-
to support for African countries, which remain among developed countries (LDCs) duty- and quota-free
the poorest and least-developed in the world (Council (though duty-free imports of bananas, rice and sugar
2005b). Not surprisingly, these shifts and realignments remained subject to quotas for a further transition
have generated considerable controversy and debate. period). At the same time, the EU initiated moves
here is a continuing tension between those who stress to convert its special preferential schemes with the
the regional approach based on recognition of histori- Mediterranean and ACP countries into reciprocal
cal and strategic linkages with former European colo- FTAs. It has also forged FTAs with some distant trad-
nies and neighbouring countries, and those who argue ing partners, notably South Africa, Chile and Mexico.
for a more global approach concerned predominantly In 2010, under the TFEU, it signed an FTA with South
with poverty reduction. Korea and concluded negotiations with Columbia and
Peru and countries of Central America. Negotiations
with Mercosur were initiated in 1999, but remain ongo-
25.3 Trade policy ing. What explains these diferent strategies, and what
does the future hold for the EU’s trade relations with
Trade is a key mechanism for development. At the mul- DCs? We seek to provide answers to these questions in
tilateral level, trade policy can contribute to ensuring this section.
a fair and equitable trading system, which facilitates
the integration of DCs into the international trading
25.3.1 The generalized system of
regime at their own pace. At EU level, trade policy
preferences
can facilitate access to EU markets by lowering trade
barriers through multilateral liberalization, bilateral Preferences contradict the WTO’s most favoured
agreements and preferential schemes. EU trade policy nation (MFN) principle (see Chapter 1), but a provision
404 Ali El-Agraa
known as the enabling clause which granted a waiver Partly in response to this ruling, the new EU GSP
for autonomous tarif preferences to DCs was adopted scheme introduced on 1 January 2006 reduces the
in 1971 for a ten-year period, and renewed for an number of GSP arrangements from ive to three.
indeinite period as part of the inal outcome of the Preferential margins under the general arrangement
Tokyo Round of GATT negotiations in 1979. his legiti- for all GSP beneiciary countries are maintained,
mizes the grant of general non-reciprocal preferences although the product coverage is extended, mostly in
to DCs, and further allows deeper preferences in favour the agricultural and ishery sectors. In addition, a GSP+
of LDCs. he EU introduced its GSP scheme in 1971. arrangement has been introduced for poorer and more
It covered all DC-manufactured exports, but only vulnerable economies, conditioning them on human
some agricultural and food products. GSP products and labour rights (see page 411). his extends duty-free
are divided into sensitive and non-sensitive categories. access to all sensitive products, provided that beneici-
Originally, non-sensitive products were ofered duty- ary countries can show that they comply with a range of
free access, while the preferences for sensitive products conditions on human and labour rights, environmental
were characterized by quotas and ceilings, thus limit- protection, the ight against drugs and good govern-
ing the quantities involved. ance. However, the arrangement is limited to lower-
In its 1995 revision of its GSP scheme, the EU did income economies, landlocked countries, small island
away with quotas and replaced them with tarif pref- nations and those countries that can demonstrate that
erences that varied according to the sensitivity of the their economies are poorly diversiied. his open-
products. A further simpliication took place in 2001. ended list based on published criteria ensures that the
Under the general GSP scheme available to all DCs, new EU scheme complies with the WTO’s ruling to give
including China, the EU granted duty-free access on equal treatment to all similarly situated GSP beneiciar-
non-sensitive products and partial tarif preferences on ies. he third arrangement maintains the Everything
sensitive products. he usual tarif preference on sensi- But Arms (EBA; see Chapters 22 and 24) scheme of
tive products was a lat 3.5 percentage points (replaced duty-free and quota-free access for all imports from
for textiles and clothing by a 20 per cent preference LDCs. Apart from arms and ammunitions, which are
margin, which, on a tarif of 15 per cent, for example, permanently excluded products, the extension of the
would yield a preference of 3 percentage points). For scheme to bananas was delayed until January 2006, for
many exporters, these relatively small margins are not rice until July 2009 and for sugar until September 2009.
worth the extra paperwork involved in applying for GSP he essential value of EBA is that it extends duty-free
status. access to those agricultural products that are otherwise
Additional preferences were available under social, excluded from the GSP. While seen as the ‘jewel in the
environmental and drug traicking clauses (the ‘super crown’ of EU trade relationships with DCs, its overall
GSP’). For products receiving the lat rate preference of importance should not be exaggerated. he immedi-
3.5 percentage points under the general arrangements, ate impact of EBA has been negligible, largely because
the extra preference was 5 percentage points. In the LDCs currently export so little in the product categories
case of textiles and clothing, an additional 20 per cent that were liberalized.
preference was available under these arrangements. he EU’s scheme has always provided for the ‘gradu-
he additional incentives under the social clause were ation’ of more competitive suppliers. his is defended
available to countries complying with so-called ‘core by the EU on the grounds that it is intended to ensure
labour standards’ (see Chapter 24), while those under that the preferences are targeted on those countries
the environmental clause were available to countries that genuinely need them, but it also reduces the com-
complying with international standards on forest petitive pressures on EU domestic irms. Based on cer-
management. he incentives to encourage countries tain criteria, a country may be excluded from the GSP
to ight drug production and traicking were initially altogether or graduated from certain products. Under
introduced in the form of duty-free access for certain the 1995 scheme, the criteria applied for exclusion were
products originating in the Andean Community, but a complex combination of income level, a development
were subsequently extended to some other Latin and index and an export specialization index. Under the
Central American countries, and later to Pakistan. 2006 scheme, these have been replaced with a single,
The EU and the developing world 405
simpler criterion: the country’s share of the EU market is also reduced by restrictive rules of origin (RoO; see
expressed as a share of exports from all GSP countries. Chapters 1 and 24).
he threshold has initially been set at 15 per cent, with
a 12.5 per cent limit for textiles and clothing.
25.3.2 Relations with the ACP states
he EU’s GSP is intended to stimulate exports from
DCs in three ways. First, trade is generated, as improved he relationship with the ACP states began with
market access makes imported goods more attractive the inception of the EEC in 1957, with the Yaoundé
relative to domestically produced alternatives; this is Conventions. his was followed by a series of ive-
trade creation (see Chapter 6). Second, to the extent year Lomé Conventions, starting in 1975, after the
that DCs and industrial countries are exporting similar UK’s accession in 1973. Since 2000 relations with the
products, preferential tarif reductions may help to ACP countries have been governed by the Cotonou
switch trade to the DC supplier; this is trade diversion Agreement, which was signed in 2000 and came into
(see Chapter 6). From the point of view of DCs, both force in 2003. his introduced signiicant changes
efects are additive and positive. hird, the GSP may in philosophy and instruments compared to Lomé
have a longer-term efect to the extent that it enhances Conventions. As noted earlier, Lomé Conventions were
the attraction of the preference-receiving country as based on a partnership model, deep trade preferences
a location for inward foreign direct investment (FDI) and contractual inancial commitments. his section
seeking to export to the EU. concentrates on the trade preferences provided, while
Generally, analysts have had diiculty in inding a the aid element is examined in Section 25.4.3 (see
positive efect of the GSP on DCs’ exports, apart from page 416).
the rent transfer accompanying the duty-free entry of Under the conventions, the EU ofered duty- and
goods (rents arise because DC exporters can beneit quota-free access to exports from the ACP countries,
from the remaining tarif protection to the EU market although, again, a major exception was exports cov-
against third countries). Critics point to a number of ered by CAP. However, more preferential treatment
laws with the GSP. Non-reciprocal GSP preferences than to other countries was extended for CAP prod-
lie outside the WTO’s rule purview, and thus can be ucts. In addition, four commodity protocols annexed
unilaterally modiied or cancelled by donor countries to the Lomé Convention provided preferential access
at any time, which creates uncertainty, likely dis- for a speciied quantity of exports from a selected group
couraging investment in beneiciary countries when of traditional ACP suppliers of bananas, rum, sugar
enhanced investment is meant to be one of the GSP’s and beef. his trade regime was extended under the
primary rationales. he EU’s scheme has ofered mini- Cotonou Agreement until the end of 2007.
mal concessions on sensitive products (more than half Despite the fact that the ACP states were at the top
of the total), which are often those in which DCs have of the EU’s hierarchy of preferences, with the most
a comparative advantage. Because there is a cost to favourable conditions of access to EU markets, they
irms in learning about and making use of preferences, have become increasingly marginalized as EU trade
it is often not worth their while to apply for preferential partners over time; the share of ACP exports to the EU
treatment. In the case of textile and clothing imports, has fallen by more than a half. Furthermore, 50 per
quotas were maintained on all signiicant suppliers cent of total ACP exports came from only four products:
under the Multi-Fibre Arrangement until it was dis- oil (26 per cent), diamonds (11 per cent), cocoa (9 per
mantled at the end of 2005 (see Chapter 24). Tarif cent) and wood (4 per cent). hese data are often used
preferences on agricultural products have been very to argue that trade preferences have not worked, and
limited, mainly because of the diiculty in reconciling indeed there is some support for this, but it is not the
preferential access with the protection provided by the whole story. he importance of the trade preferences
Common Agricultural Policy (CAP; see Chapter 20), granted is often overstated. On average, 50–60 per cent
but also even in the case of tropical products, which of ACP exports to the EU never received any prefer-
the EU does not produce itself, in order to protect the ences because they were non-dutiable, irrespective of
margin of preference provided to more preferred ACP source. Another 5–10 per cent fell under the special
and Mediterranean suppliers. he value of preferences CAP import regulations (see Chapter 20). Ultimately,
406 Ali El-Agraa
only about 35–45 per cent of ACP exports were eligible property rights, sanitary and phytosanitary measures,
for preferences. hese were mainly tropical beverages, standardization and certiication, trade and labour
for which demand is quite price inelastic and is reach- standards, trade and environment, food security,
ing saturation in the EU. Further, the margin of prefer- public procurement, and so on.
ence enjoyed by the ACP states fell as the EU’s MFN he Cotonou Agreement lays out the basic princi-
tarifs were cut under successive GATT negotiations for ples and objectives of the new economic and trade
products such as cofee, cocoa and vegetable oils. cooperation between the ACP countries and the EU,
Trade preferences require a supply capacity to make but does not itself encompass a fully-ledged trade
them efective, and arguably economic mismanage- regime. Negotiations started in 2002, with a view to
ment and supply-side diiculties also limited ACP bringing new reciprocal trade agreements into force
exports. But even with good economic management, by the expiry of the WTO’s waiver on 1 January 2008.
the ACP countries have been specialized in commodi- he Commission negotiated not with individual ACP
ties with poor market prospects, and where the deterio- countries, but with six regional groups. hese were
ration in export prices has had a devastating efect on West Africa, Central Africa, Eastern/Southern Africa,
development eforts. It can be argued that trade prefer- the Southern African Development Community, the
ences failed to promote the necessary diversiication. Caribbean and the Paciic. EPAs are thus intended to
On the other hand, where progress in diversiication consolidate regional integration initiatives within the
was made, the products to beneit (such as textiles, ACP countries. However, the task was complicated by
isheries and horticultural products), were those which the overlapping membership and fragmented nature of
had enjoyed a substantial margin of preference over African regional groupings (see Chapter 1 and El-Agraa
the EU’s MFN and GSP tarifs. On balance, however, 2004). Many non-governmental organizations (NGOs)
ACP trade preferences have not been seen as a success, were critical of what they saw as undue pressure being
and this was one of the factors leading to their revision put on weak economies to open their markets for both
in the Cotonou Agreement in 2000. goods and services to EU exports, and to agree to rules
In 1996 the Commission published a Green Paper on investment that they had previously rejected in the
to promote discussion on the post-Lomé relationship ongoing Doha Round of multilateral trade negotia-
with the ACP states. Central to this discussion was the tions. hey are concerned at the implications of the loss
nature of future trade relationships in the context of the of tarif revenue for the ability of ACP economies to
WTO rules. Because the EU’s special preferences for maintain minimum levels of government expenditure
ACP countries are clearly discriminatory in the context (Oxfam 2006). he Commission’s view is that EPAs are
of the WTO enabling clause discussed in the previous a way to help the ACP countries to break out of their
section (see page 404), the EU had to seek a waiver situation of economic dependency by helping them
from the WTO to permit it to ofer this more favour- to build productive capacity and regional markets. It
able market access. his waiver came under sustained argues that the ACP countries will have a long transi-
attack during the ‘banana dispute’ in the WTO, and the tion period over which to lower their tarifs, and will
EU indicated right from the start of post-Lomé negotia- continue to be able to protect their sensitive sectors
tions that it was not willing to seek further waivers to even in a WTO-compatible FTA. It also points to its
defend its trade regime with the ACP countries. It there- signiicant commitment to provide funding to help the
fore sought new WTO-compatible trade arrangements ACP countries to meet the challenges of preparing for
in the form of reciprocal FTAs with the ACP states. free trade with the EU.
his shift was implemented in the Cotonou By the deadline, only the CARIFORUM group of
Agreement. In future, trade relations with the ACP Caribbean countries was in a position to sign a fully-
countries will be based on reciprocal FTAs, which will ledged EPA. Individual ACP countries in Africa and
take the form of economic partnership agreements the Paciic made diferent decisions, depending on
(EPAs). EPAs will cover not only trade in goods and the importance of maintaining their preferences in
agricultural products, but also services, and, in addi- EU markets. Some countries, such as Nigeria, opted
tion, will address tarifs, NTBs and technical barriers, out of EPAs and now export under GSP preferences.
such as competition policy, protection of intellectual Other LDCs beneit from duty-free access under EBA,
The EU and the developing world 407
without the need to sign EPAs. Other ACP countries from Spain, there was an attempt to breathe new life
have signed interim EPAs, which introduced a simpli- into the Euro-Mediterranean relationship through
ied trade regime for goods only, while committing the the Barcelona process or the Euro-Mediterranean
signatories to continue negotiations on a fully-ledged Partnership. his was launched by the Barcelona
EPA that would cover a much wider range of topics. Declaration, issued following a conference of the if-
Under the interim EPAs, the EU introduced with imme- teen EU MSs and twelve Mediterranean countries
diate efect duty- and quota-free access for ACP signa- in November 1995. he twelve Mediterranean part-
tories (with a transition period for sugar). Efectively, ners are: Algeria, Morocco and Tunisia (Maghreb;
this grants to some of the more developed ACP coun- see Chapter 1); Egypt, Israel, Jordan, the Palestinian
tries the same access conditions as the LDCs enjoy. In Authority, Lebanon and Syria (Mashrek); Cyprus,
return, the ACP countries have committed to reducing Malta and Turkey. Cyprus and Malta became EU MSs
tarifs on up to 80 per cent of EU imports over a lengthy in May 2004. Turkey has had a customs union agree-
transition period, sometimes up to twenty years. ment with the EU since 1996, and has been a candidate
One long-run consequence may be the fragmenta- country since 1999. Libya has observer status at cer-
tion of the ACP countries, which are now divided into a tain meetings. hus currently the Euro-Mediterranean
number of diferent groups, each with diferent access Partnership associates nine countries with the EU.
conditions to EU markets. Whether the ACP states he Barcelona Declaration extends three partner-
will be able to maintain a uniied negotiating position ships on: politics and security; economy and inance;
under this new trade framework is an open question. and society and culture. he irst is for establishing
peace and stability, based on fundamental principles
including respect for human rights and democracy
25.3.3 Relations with the Mediterranean
(see page 411). he second aims for the progressive
and the Middle East
establishment of free trade between the EU and its
Formal relations with the countries of the south and partners and among the partners themselves, to enable
east Mediterranean go back to the 1957 EEC Treaty, the creation of a Euro-Mediterranean FTA by 2010,
which enabled France, through a special protocol, to with the EU providing inancial support for partners’
keep its special relationships with its former colonies, structural reforms and to help them cope with the
Morocco and Tunisia (Algeria was still an integral part socio-economic consequences that ensue.
of France at the time). he 1973 Israel/Arab war, fol- he FTA is implemented through bilateral
lowed by the oil embargo, led to renewed eforts for Association Agreements between the EU and the nine
improved cooperation. he irst common EU policy Mediterranean countries. hese replaced the earlier
was the Global Mediterranean Policy (1973–92), which cooperation agreements concluded in the 1970s, which
involved all non-EU Mediterranean countries except provided for non-reciprocal preferences. By 2006
Libya and Albania. Bilateral cooperation agreements Association Agreements had been signed between all
were signed, covering not just trade preferences but Mediterranean partners and the EU, with the excep-
also aid through inancial protocols. he southern EU tion of Syria. All Association Agreements provide for
enlargement to include Greece, Portugal and Spain in trade liberalization of manufactured goods, with free
the 1980s reduced the beneits of trade preferences, access for Mediterranean exports and gradual tarif
particularly to the Maghreb countries (see Chapter 1 dismantling over a transitional period for EU exports.
and page 392), given the similar export patterns of the For agriculture, asymmetric reciprocal preferences are
two groups of countries. he new political climate in the granted by the parties. he agreements also include
early 1990s, following the 1991 Gulf War and the fall of provisions relating to intellectual property, services,
the Berlin Wall, led to a renewed Mediterranean policy technical rules and standards, public procurement,
(1992–6). his increased the amount of development competition rules, state aid and monopolies. In these
aid and extended trade preferences, as well as coopera- areas, the partner countries are expected to approxi-
tion, to issues such as human rights, the environment mate their laws to the EU’s in order to facilitate trade.
and the promotion of democracy (see page 411). As well as bilateral trade liberalization, the Mediter-
In the mid-1990s, under pressure particularly ranean partners are committed to implementing
408 Ali El-Agraa
regional free trade among themselves, but only lim- in Chapter 24, China is now the EU’s second largest
ited progress has been made to date. In May 2001, trading partner, behind the USA, and the biggest source
four members of the Barcelona process (Egypt, Jordan, of extra-EU imports. Also, the EU has become China’s
Morocco and Tunisia) signed the Agadir Declaration, biggest trading partner. In 2006 the Commission
under which they aim to establish an FTA among adopted a major policy strategy (Partnership and
themselves. In practice, the partnership resembles Competition) in relation to China, and in January 2007
more a hub-and-spoke arrangement, in which the EU negotiations started on a comprehensive Partnership
has negotiated Association Agreements with the North and Cooperation Agreement (PCA) to upgrade the
African and Middle Eastern states. As a result, the 1985 EC–China Trade and Economic Cooperation
EU–Mediterranean Partnership has not yet fulilled Agreement. In the background of all this is the EU–
the high hopes held out at the time of the Barcelona China Relationship, instigated by the EU in 1995
Declaration. In the political background is the Arab– and endorsed by China in 2003 (El-Agraa 2007). he
Israeli conlict and the Middle East peace process. he High Level Economic and Trade Dialogue (HED) has
Madrid Peace Conference and the breakthrough at become a very important meeting between the EU and
Oslo were major factors in making the Barcelona proc- China; no fewer than fourteen commissioners partici-
ess possible. Conversely, the cessation of the peace pated in the meeting of May 2009, matched by twelve
process has slowed down progress towards the objec- Chinese ministers and vice-ministers. China–EU coop-
tives set out in the Barcelona Declaration. eration also incorporates social security, increasingly
recognized by China as an important component to
stimulate domestic purchasing power and to create
25.3.4 Relations with Asia and Latin
conidence for spending by Chinese consumers and
America
release savings. Similar programmes on social security
he remarkable growth of the east Asian economies in are piloted with Malaysia.
the 1980s and the irst half of the 1990s was relected in As was the case for Asia, EU Latin American policy
a signiicant expansion of trade and investment lows was almost non-existent in the early EEC years. he
between the EU and developing Asia. he EU–ASEAN EU’s attention was focused on Africa and no MS had
Cooperation Agreement, signed in 1980, was the cor- a particular interest in Latin America. In the early
nerstone of EU Asia policy for many years. ASEAN 1970s political contacts were maintained through
initially emphasized economic and development coop- meetings with the group of Latin American ambas-
eration and did not intend the creation of an FTA. he sadors in Brussels, and in 1971 Latin American coun-
1992 decision to create the ASEAN Free Trade Area by tries became beneiciaries of the EU’s GSP. Relations
2003 (see Chapter 1 on this and membership) reignited remained limited in the 1980s, partly because of the
EU interest in the region. In 1994 the Commission pro- debt crisis, which meant that EU investors lost interest
duced its irst overall Asia Strategy paper (CEU 1994c), in the region, and partly because of diferences over the
which was updated in 2001 (CEU 2001b). In 1996, at Falklands War between the UK and Argentina, which
the initiative of Singapore’s prime minister, a series of led to the suspension of the Brussels dialogue.
Asia–Europe meetings (ASEM) were introduced which Since the mid-1980s, however, cooperation has
now provide the framework for political dialogue. he been intensifying. EU membership of Portugal and
Asian partners include many ASEAN countries as well Spain in 1986, with their traditional links with Latin
as China (see next paragraph), Japan and South Korea. and Central America, provided the impetus for this.
Following pressure from EU exporters, a trans-regional At the same time, however, Latin American countries
EU–ASEAN trade initiative was launched in 2003, to were throwing of the old import substitution model
promote regulatory cooperation between the EU and of economic development and beginning to open up
ASEAN on topics such as sanitary, phytosanitary and their markets under the inluence of the Washington
technical barriers to trade. he EU has expressed inter- consensus. he EU’s share of Latin American imports
est in building on this initiative to create a fully-ledged had been falling, which provided another reason for
EU–ASEAN FTA. forging closer links. Formal institutional ties have been
China deserves special mention. As stated above and established since 1990 with the Rio Group, which now
The EU and the developing world 409
comprises all of Latin America, as well as representa- Negotiations on political and cooperation agreements
tives from the Caribbean. Ministerial meetings have have now been concluded with Central America and
been held annually between the EU and the Rio Group Columbia and Peru, to create the conditions for future
since 1987. Political dialogue with Central American arrangements similar to those with Mexico and Chile.
countries began just a little earlier, in 1984, with the
San José Dialogue. Political relations with Mercosur
25.3.5 Evaluation of EU trade policy
(see Chapter 1) were institutionalized by a coopera-
towards developing countries
tion agreement in 1995, while political dialogue with
the Andean Pact countries was institutionalized in he major thrust of EU trade policy towards DCs is a
the Rome Declaration in 1996. Regular biannual sum- move away from the autonomous preference-based
mits are now held between EU, Latin American and and regionally discriminatory trade arrangements of
Caribbean heads of state, to develop a strategic part- the past, to a more horizontal but diferentiated policy,
nership between the two regions. Conlict resolution, emphasizing reciprocal free trade arrangements with
democratization and human rights, social progress and low- and middle-income DCs, and duty- and quota-
the reduction of inequality and the environment are free access now ofered to all LDCs under EBA. he EU
among the themes emphasized in these dialogues. argues that free trade agreements will have positive
Political dialogue with ALA countries has been outcomes for the partner countries, through encourag-
accompanied by attempts to forge closer trade rela- ing a more eicient allocation of resources and greater
tions and by increasing lows of EU development assist- competition, and by creating a more attractive location
ance. Trade relations have been based on the GSP since for FDI. However, some potential drawbacks should
1971. During the 1970s the Commission promoted be noted.
trade agreements with a number of ALA countries, but For ACP and Mediterranean partners, entering
their substantive signiicance was small. hey generally into an FTA is an asymmetric liberalization process.
conirmed MFN reciprocal recognition, while some- For manufacturing products, these countries already
times granting quotas under more favourable access enjoyed duty-free access to EU markets (though in the
terms for some ALA exports. As noted above, Andean case of Mediterranean countries ceilings operated for
Pact and some Central American countries received sensitive products such as textiles and clothing), so the
more favourable GSP preferences in order to help them main impact is the unilateral removal of trade barriers
in the ight against illegal drugs. On the other hand, on EU exports entering partner country markets. While
ALA countries have been the most frequent targets consumers and producers who will now have the pos-
of EU anti-dumping actions (see Chapter 24) – for sibility of importing cheaper intermediate products will
instance, in the textiles and clothing sector, for which beneit, many irms, particularly small and medium-
GSP preferences are already very restricted and where sized enterprises, may be forced to close, with a con-
quantitative restrictions on imports applied until the sequent rise in unemployment. Also, the continued
end of the Multiibre Arrangement (MFA) in 2005. barriers to agricultural trade in the agreements, which
he 1990s saw a new phase in trade relations with is the sector where many of the partner countries have
Latin America, beginning with discussions on associa- their comparative advantage, make adaptation to the
tion agreements with Mexico (which entered into force required structural changes more diicult. Some fear
in 2000) and Chile (concluded in 2002). hese initia- that a consequence of this asymmetric liberalization
tives were undertaken to minimize the consequences may be trade diversion (see Chapter 6 and page 405) in
of trade diversion arising from similar US agreements favour of EU exports, which would add to the economic
with these countries. he negotiations on an FTA with costs of these agreements for EU partners (for estimates
Mercosur initiated in 1999 (see above and Chapter 24) of the impact on the Euro-Med partners, see the studies
were also in response to the USA’s initiative to launch cited in McQueen 2002).
a free trade area for the Americas; the negotiations Proponents of these agreements therefore empha-
collapsed in 2004, with both sides unhappy with the size the likelihood of dynamic gains, particularly that
extent of the market-opening ofers from the other the contractual nature of these agreements will lower
side, although discussions continue at a technical level. uncertainty by locking in trade liberalization policies in
410 Ali El-Agraa
the partner countries, thus helping to attract greater FDI competence between the EU and its MSs. We will
lows. Also potentially important are the provisions to refer to EU aid as external assistance managed by the
tackle NTBs, thus lowering the transaction cost of trade Commission unless it is otherwise clear from the con-
and reducing the impact of regulatory trade barriers. text that aid provided by MSs is also included. But irst it
For the ACP countries, a further issue that needs to be is important to note that ODA is deined by the OECD’s
addressed is the reduction in tarif revenues as duties on Development Assistance Committee (DAC) as grants or
EU imports are eliminated. his could curtail govern- loans to DCs provided by the oicial sector on conces-
ment spending at the same time as increased support sional inancial terms, with the promotion of economic
for industrial restructuring and assistance to cushion development and welfare as the main objective. Box
the costs of transitional unemployment is required, 25.1 provides information on the EU’s ODA sources of
unless other means to broaden the tax base are found. inance and political responsibility
he EU announced a self-imposed moratorium on In 2009 the EU and MSs disbursed €48.2 billion in net
new FTA initiatives prior to the 1999 Seattle WTO ODA, which amounted to 9 per cent of the EU budget
Ministerial Council, in order to focus EU eforts on plus the European Development Fund (EDF) (see
promoting the new WTO multilateral trade round. Chapter 19). Of this, €10 billion, or about 21 per cent,
Following the suspension of Doha Round negotiations was by the Commission. According to the OECD, this
in July 2005, the EU indicated a revision of this posi- represented 56 per cent of global ODA: $67 billion out of
tion in its ‘Global Europe’ document the following year a total of $120 billion (see Figure 25.1). Figures 25.2 and
(CEU 2006t). his document noted that the EU’s exist- 25.3 (see page 412) ofer a longer-term perspective, cov-
ing FTAs serve its neighbourhood and development ering 2001–9; note for later the diferences between aid
interests well, but its trade interests less so. he content commitments and disbursements. Figure 25.4 displays
of existing agreements is too limited, in that they fail the sectoral breakdown and Figure 25.5 the geographic
to address regulatory and ‘behind the border’ trade distribution of the EU’s aid (see page 413).
barriers (see Chapter 24). he EU does not have agree- he EU development assistance policy evolved in a
ments with the world’s most dynamic markets, particu- haphazard fashion, without clear objectives or justii-
larly in Asia, while many of these priority markets are cation for many years. Its modest start was when eight-
negotiating FTAs with its competitors (such as ASEAN een African countries, mainly ex-colonies of France
members with China, Japan and Korea and each other, and Belgium, were associated with the EU under the
or Korea with the USA, concluded in June 2007), threat- Yaoundé Convention (1965). UK accession to the EU
ening the EU with a loss of market share. he document raised the question of the treatment of its ex-colonies
therefore announced the EU’s interest in concluding a in Africa, the Caribbean and the Paciic. his led to the
range of further FTAs, particularly with countries with Lomé Convention in 1975, which over the next quarter
signiicant market potential and where existing bar- of a century determined the use of the EDF for both
riers to EU exports were high. Based on these criteria, groups of countries. In the following year aid resources
the document highlights agreements with ASEAN, the were made available to other DCs for the irst time,
Gulf Cooperation Council, India, Korea, Mercosur and and in 1977 cooperation agreements were signed with
Russia as of direct EU interest. While at the same time neighbouring countries in the southern Mediterranean.
restating its commitment to a successful conclusion of Bilateral arrangements were subsequently made with
the Doha Round, the document clearly signals that the countries in Asia and Latin America, and in the 1990s
EU is ‘open for business’ when it comes to concluding a countries in Eastern Europe and central Asia gained
range of FTAs with DCs in the future. their own regional programmes. he historical legacy
of this evolution was a difuse array of policies, budgets,
administrative procedures and aid instruments. his
25.4 Development cooperation section describes the EU ODA programme and some
of the recent changes in its management, designed to
his section examines the EU’s development coop- make it a more eicient and efective instrument in
eration programme, referring to the provision of contributing to the sustainable economic and social
development aid. Development assistance is a shared development of DCs.
The EU and the developing world 411
Political responsibility:
Responsibility for EU external assistance is divided among ive departments (for a long time known as
Directorates General, DGs; see Chapter 3): Development, which provides policy guidance on development
policy and is responsible for aid to the ACP states; EuropeAid Development and Cooperation; Humanitarian
Aid; Enlargement, which provides pre-accession assistance for potential future members in the western Balkans;
and External Relations, which is responsible for remaining external assistance, mainly to Asian, Latin American
and Mediterranean countries. Recently, however, all EU development aid is implemented by EuropeAid
Development and Cooperation, with the External Relations Department having no responsibilities in this con-
nection apart from programming policy. But with the entry into force of the TFEU on 1 December 2009, the
European External Action Service (EEAS; see Chapters 2 and 3), which is in the process of being established, is
expected to take full responsibility.
13,000
12,000
11,000
10,000
9,000
8,000
€ million
7,000
6,000
5,000
4,000
3,000
2,000
1,000
0
2001 2002 2003 2004 2005 2006 2007 2008 2009
Year
Figure 25.2 EU external assistance (commitments; €million) 2001–9 Source: CEU 2010o (p. 172)
13,000
12,000
11,000
10,000
9,000
8,000
€ million
7,000
6,000
5,000
4,000
3,000
2,000
1,000
0
2001 2002 2003 2004 2005 2006 2007 2008 2009
Year
Figure 25.3 EU external assistance (disbursements; € million), 2001–9 Source: CEU 2010q (p. 172)
in parallel with MSs (in contrast to trade policy, which Article 178 establishes the important principle of
is broadly an EU prerogative alone; see Chapters 2, 3 policy coherence, in that it requires that the EU ‘shall
and 24). his is reiterated in the TFEU: take account of the objectives referred to in Article 177
in the policies that it implements which are likely to
In the areas of development cooperation and humani-
afect [DCs]’. Article 179 sets out that decision-making
tarian aid, [the EU] shall have competence to carry out
activities and conduct a common policy; however, the should be based on qualiied majority voting (QMV),
exercise of that competence shall not result in [MSs] using the co-decision procedure (see Figure 3.1, page
being prevented from exercising theirs (TFEU, Article 46). However, decisions on EDF, an extra-budgetary
214) arrangement designed to provide inancial support
to the ACP countries (see page 410), are explicitly
The EU and the developing world 413
human rights, gender equality, protection of the envi- with negotiations. Article 218.10 provides that the EP
ronment and conlict prevention. Humanitarian assist- must be ‘immediately and fully informed at all stages
ance was seen as an additional activity, but not as of the procedure’. In terms of the information pro-
a priority area for long-term development assistance vided to it, the EP’s International Trade Committee
(OECD 2002a). (INTA) is upgraded to a level similar to that of the
he 2000 statement has since been superseded by Council Trade Policy Committee (previously called the
the European Consensus on Development, which was Article 133 Committee). Article 218.6a stipulates that
jointly adopted by the Commission, MSs meeting within the European Council must obtain the EP’s consent in
the Council, and the EP in December 2005 (Council order to adopt a decision to conclude an agreement;
2005c). Unlike the 2000 statement, the Consensus on and the Commission has an interest in hearing the EP
Development sets out, for the irst time, the common before the Commission proposes a Council decision for
vision that guides the actions of both the Commission provisional application of an agreement under Article
and MSs in development cooperation. It takes into 218.5. In case of uncertainty regarding the conform-
account the commitments made by the EU at various ity of the envisaged agreement with the treaties, the
international conferences in the preceding ive years as EP can request the opinion of the European Court
part of its support for MDGs, as well as advances made in of Justice (ECJ; TFEU Article 218.11). Trade negotia-
development best practice to ensure more efective aid. tions, of course, are conducted by the Commission (see
Unlike the earlier statement, the consensus document Chapters 3 and 24).
was preceded by a wide public consultation process, Also, the TFEU calls for the establishment of a
which gives it much greater legitimacy. he consensus is European External Action Service (EEAS; see Chapter
divided into two parts: the EU common vision on devel- 2), which is now under construction. EEAS is envis-
opment is the subject of Part 1, whereas Part II, entitled aged as serving as the EU’s ‘foreign ministry’ and dip-
he European Community Development Policy, sets out lomatic corps, headed by the newly established High
the policy guiding the implementation of this vision Representative for Foreign Afairs and Security Policy
for the EU’s aid programme under the Commission’s (see Chapters 2 and 3). How EEAS will be involved in
responsibility. he key elements of the common vision development cooperation is unclear, but its establish-
are: the joint commitment to poverty eradication; own- ment is an opportunity to broaden the EU’s relation-
ership of development strategies by partner countries; ship with DCs with politically and economically more
delivering more and better aid; and promoting policy sophisticated strategies. he TFEU speciies the values
coherence for development. It identiies the particular that underpin such strategies, which must be based on
role and comparative advantage of the EU’s aid pro- international human rights treaties. No matter what the
gramme relative to those of MSs, and highlights eight exact scope of EEAS is, it is clear that this body will need
areas for EU action: trade and regional integration; the to assess its promotion of EU interests abroad against
environment and sustainable management of natural the objective of eradicating poverty in all DCs. A ques-
resources; infrastructure, communications and trans- tion that will challenge policy-makers in TFEU imple-
port; rural development, agriculture and food security; mentation is how to ind common ground between
governance, democracy, human rights and support for this objective and the stronger EU role in defending
economic and institutional reforms; conlict prevention EU interests at the global level. For this, the EU is now
and fragile states; human development; and social cohe- involved in the irst serious attempt to operationalize a
sion and employment. While this may seem a compre- policy coherence on development.
hensive list of development activities, the commitment to
complementarity and greater coordination between the
25.4.2 Aid volumes and trends
Commission’s programme and those of MSs is intended
to ensure more efective aid delivery in the ield. In the 1990s the volume of EU aid grew at an average
As mentioned earlier, these developments have annual rate of 5.3 per cent. he growth was largely in
been fully incorporated in the TFEU, which also terms of budgetized aid (see Box 25.1, page 411), as
elevates the EP’s role. Article 207.3 calls on the disbursements through the EDF remained static in real
Commission to report regularly to the EP on progress terms and even dipped in the mid-1990s (OECD 2002a).
The EU and the developing world 415
During this period the volume of aid provided by MSs Mediterranean and Middle East countries (MEDA);
declined, so that by 2000 the EU accounted for around and EDF for the ACP countries (EDF). Each of these
20 per cent of total EU ODA. his proportion was as high programmes had its own management committee,
as 50 per cent for Italy, but only around 5–10 per cent for made up of the Commission and MSs. here were a fur-
those countries, such as Denmark, the Netherlands and ther ifteen thematic programmes, dealing with issues
Sweden, that exceed the UN target contribution of 0.7 such as food security, poverty diseases, reproductive
per cent of GNI. As mentioned above, since 2000 total health, the environment and NGOs. Finally, the EU
EU ODA has increased sharply (including an excep- is the largest funding agency for emergency and dis-
tionally high igure for debt relief of $14.7 billion in tress assistance, much of which is channelled through
2005), in response to the commitments made at the UN ECHO, the EU’s Humanitarian Aid Oice.
Millennium Summit. Also, the Commission’s contribu- Managing the EU’s aid programme on the basis
tion in 2009 rose slightly, to about 21 per cent of the of such a mixed and complex set of instruments in
EU’s combined total (see page 410). an eicient and coordinated way was becoming an
In response to the challenge of meeting Millennium increasingly diicult task. A simpler framework has
Development Goals (MDGs), the Commission encour- been agreed for the 2007–13 Financial Perspective. he
aged MSs to increase their ODA contributions at the new framework comprises six instruments only, four of
European Council meeting in Barcelona in March them new (the instruments for humanitarian aid and
2002. In 2002 the combined EU MSs had a weighted macro inancial assistance continue without modiica-
average ratio of ODA to GNI of 0.32 per cent. he tion). In addition, the number of thematic programmes
Commission target at the Barcelona Council meeting has been rationalized from ifteen to seven. he rela-
was to raise the average amount of ODA to 0.39 per cent tive importance of the various instruments in the new
of GNI by 2006, with a minimum country target of 0.33 framework of EU external action is shown in Table
per cent. More ambitious targets were set in 2005 and 25.1 (page 416), which underlines the growing atten-
reconirmed in the European Consensus, when the EU tion paid by the EU to its immediate neighbours and to
adopted a timetable for MSs to reach the 0.7 per cent of security issues.
GNI target set by the UN by 2015, with an intermediate he EU has also responded to the criticism that its
collective target of 0.56 per cent by 2010 (in 2009 it was aid programme was not suiciently poverty-focused.
only 0.41 per cent). hese commitments were expected For example, an OECD (2002a) peer review of the EU
to double total EU aid (Commission plus MSs) to over aid programme highlighted the declining share of the
€66 billion in 2010. hrough this efort, based on DAC poorest nations in EU aid disbursements, arising from
calculations, the EU will provide 78 per cent of the the change in the geographic priorities for EU aid. Since
expected additional global ODA by 2010. he European the reform of external assistance in 2000, the share of
Consensus states that at least half of this increase in aid low-income countries has grown from 32 per cent of
will be allocated to Africa. In 2009 total EU aid (€48.2 disbursements in 2000 to 46 per cent in 2005, and the
billion) was equivalent to 0.41 per cent of EU GNI, share of LDCs from 22 per cent to 33 per cent (CEU
which suggests that the EU as a whole is way of target, 2005l). Another indicator is the pattern of aid allocation
unless something miraculous happens in a year’s time. by sector, where the EU programme was criticized for
But of course there has been a global economic and the low proportion spent on social sector spending.
inancial crisis since 2007. However, by 2005 the share of EU aid devoted to the
A feature of EU development assistance coopera- social sector amounted to 45 per cent, compared to
tion is the importance of geographic programmes. 16 per cent for economic infrastructure, 16 per cent
During the 2000–6 Financial Perspective, these were: for budget support, 10 per cent for emergency aid and
the pre-accession programme for East European coun- just 6 per cent for production activities, with a further
tries (PHARE); the technical assistance programme 6 per cent spent on multi-sectoral and cross-cutting
for Eastern Europe and central Asia (TACIS); commu- issues. Not surprisingly, analysts have queried if the
nity assistance for reconstruction, development and balance has not swung too much against support for
stabilization in the Balkans (CARDS); external assist- the production sectors, and in particular agricultural
ance to Asia and Latin America (ALA); support to the and rural development, given the dependence of most
416 Ali El-Agraa
Table 25.1 Overview of expenditure within heading ‘EU as a global partner’, in the 2007–13 inancial perspective
(€ billions at 2004 prices)
2006 2007 2008 2009 2010 2011 2012 2013 Total Change
2006/13
(%)
Instrument for 1,121 1,193 1,290 1,353 1,452 1,565 1,660 1,700 10,213 52
pre-accession
European 1,274 1,390 1,400 1,437 1,470 1,530 1,640 1,720 10,587 35
neighbour-
hood and
partnership
instrument
Development 1,862 2,000 2,060 2,116 2,167 2,190 2,246 2,324 15,103 25
cooperation
instrument
Instrument for 531 232 268 338 363 400 430 500 2,531 −6
stability
Common 99 150 185 220 250 285 310 340 1,740 245
foreign and
security
policy
Provi- 220 188 185 181 178 174 171 167 1,244 −24
sioning
of loan
guarantee
fund
Emergency 221 −100
aid reserve
Other 894 1,046 1,081 1,094 1,129 1,196 1,222 1,278 8,046 43
Total for the 6,222 6,199 6,469 6,739 7,009 7,339 7,679 8,029 49,463 29
EU as a global
partner
poor people on food production for their livelihoods. distinguished from the old by its more comprehensive
he query still stands: as Figure 25.4 shows, although political dimension, its emphasis on the participation
the 45 per cent for social infrastructure has come down of civil society and the private sector, a strengthened
to 34.7 per cent, a decline of about 22.9 per cent, those focus on poverty reduction, a new framework for trade
for production and budget support have fallen about 33 and economic cooperation, and a reform of inancial
and 31 per cent respectively (see page 412). cooperation. he Agreement lasts for twenty years,
with inancial protocols setting out the resources for
EDF agreed at ive-year intervals. However, the period
25.4.3 The Cotonou Agreement and the
for the ninth EDF, starting in 2000, was extended to
European Development Fund
2007, based on the transfer of uncommitted balances
As noted, the Cotonou Agreement succeeded the Lomé from previous EDFs. It was subsequently agreed that
Conventions in 2000 and governs the EU’s relation- the tenth EDF would run for six years, from 2008 to
ships with the ACP countries. he new agreement is 2013, to coincide with the termination of the EU’s
The EU and the developing world 417
2007–13 inancial perspective. he irst revision of the minerals, or development projects were threatened by
Cotonou Agreement was concluded in early 2005. It a substantial fall in export earnings.
strengthens the political dimension and cooperation Under the Cotonou Agreement, STABEX and
in the area of security, as well as making minor adjust- SYSMIN came to an end, although a new system was
ments in the management of EDF funds. Although it introduced to mitigate the losses caused by shortfalls
was intended to include the amount to be allocated in export earnings. he balance between programma-
to the tenth EDF as part of this revision, this was not ble and non-programmable resources has shown a
settled until the end of 2005, as part of the overall clear trend away from non-programmable resources
negotiations on the EU’s inancial perspective for the towards programmable resources, and in particular
2007–13 period. towards budget support rather than project grants.
he aid component of the agreement is divided into his is in line with the EU’s commitment to improve
programmable and non-programmable allocations. the efectiveness of aid by aligning it more closely with
he programmable ones are extended to individual recipient countries’ own priorities and procedures.
ACP countries and regions through National and Indeed, the EU believes that iscal responsibility lies at
Regional Indicative Programmes. hey are given every the very heart of good governance, hence its emphasis
ive years on the basis of a formula relecting objec- on budgetary support (see CEU 2010o).
tive criteria based on demographic, geographic and he volume of EDF resources was not increased sig-
macroeconomic conditions (GNP per capita, exter- niicantly under the Cotonou Agreement. he Financial
nal debt, and so on). One of the innovations in the Protocol for the ninth EDF amounted to €15.2 bil-
Cotonou Agreement was a shift to including perform- lion, compared to €14.625 billion for the eighth EDF.
ance indicators as well as needs in the allocation of EU In addition, the remaining funds from previous EDFs
aid resources. he main instruments for programming (amounting to €2.9 billion in 2003) have been trans-
grants are the country and regional strategy papers. ferred to EDF9 and are used in accordance with the new
hese papers set out general guidelines for using the conditions. Although an increase in nominal terms, it
aid, as well as an indicative operational programme represents a reduction in real terms, and even more so
specifying how the money will be spent. A regular pro- in per capita real terms. he amount allocated to the
gramme of review of these papers provides the means tenth EDF, beginning in 2008 and covering a period
whereby performance measures are taken into account of six years, was eventually agreed at €22.68 billion in
in future allocations of EDF funds. December 2005. EDF budgetization, as proposed by
Non-programmable funds are generally quick- the Commission, was once again rejected by MSs, and
disbursing instruments, and prior allocations by coun- the EDF will continue as an extra-budgetary fund. he
try are not deined. hey are granted on a case-by-case agreed amount was intended to ensure that the funds
basis to whichever countries meet the speciied condi- available would be maintained at least at the same level
tions. he main non-programmable resources of Lomé as the ninth EDF, taking into account the efects of inla-
were support for structural adjustment, STABEX and tion, growth within the EU and the 2004 enlargement to
SYSMIN, and humanitarian and rehabilitation assist- include the ten new MSs. A further small adjustment
ance. STABEX was introduced in Lomé I to compensate was made due to Bulgaria and Romania joining the EU.
the ACP countries for the shortfall in export earnings However, many of the committed resources only reach
due to luctuations in the prices or supply of non- the ACP countries many years after they have been allo-
mineral commodities, largely agricultural products. cated. he slow disbursement of EU aid was just one of
he idea was to encourage economic development by the factors that led to a radical overhaul of the manage-
stabilizing the purchasing power of export earnings. ment of the EU aid programme at the end of the 1990s.
STABEX was joined in Lomé II by SYSMIN, a scheme
to help alleviate luctuations in revenue arising from
25.4.4 Management of EU development
the production and sale of minerals. Funds could be
assistance
requested by the ACP countries that were dependent
on mineral exports for a substantial part of their export Despite the growth in the volume of EU ODA, its man-
earnings, or if there were problems in the production of agement and efectiveness were severely criticized in
418 Ali El-Agraa
a number of reports at the end of the 1990s. Particular numbers to administer the programme and the large
attention was drawn to the following weaknesses: number of diferent budget lines and instruments,
created ineiciencies and inlexibilities. Reform of
• he complexity of the development coopera-
the EU’s aid management system was desperately
tion system, which before the 1999 reform of the
needed.
Commission under Commission President Prodi
he reform process was initiated when a new
(see Chapter 3), involved ive commissioners and
Commission took charge in 1999, with a restructuring
four DGs in addition to ECHO.
of the external relations (RELEX) services. he overall
• he splintered framework of aid management,
objective of the reform was to speed up implementa-
based around geographic programmes, meant that
tion of external assistance and to improve the quality
there was no coherent vision of aid priorities and
of aid delivery. he coniguration of political responsi-
little consistency in the weights given to the difer-
bilities introduced then was broadly maintained when
ent aid elements in each geographic programme.
the irst Barroso Commission took oice in 2004 (see
here was a proliferation of ad hoc programmes,
Box 25.1, page 411). he number of budget lines had
each with its own budget line, regulations and pro-
been reduced from over thirty to just six when the
cedures, which made the overall programme very
2007–13 inancial perspective came into force. he idea
inlexible.
of a single External Relations Council to ensure greater
• Too much emphasis was placed on monitoring
consistency in the EU’s external actions was introduced
procedures and inputs, and too little on evaluat-
in 2002, thus abolishing the Development Council,
ing outputs and results. Projects and programmes
although some development NGOs regard this as a
rarely had performance indicators and almost no
retrograde step, fearing that development will become
evaluations had been undertaken prior to the 1990s
subordinate to foreign policy within the RELEX family.
to document what had been achieved.
But, as shown in Box 25.1, the newly created EEAS, now
• he decision-making process was very central-
under construction, will take over and hopefully cater
ized, with little authority delegated to ield oices.
for this problem.
Approval of policies, regional and country strate-
In January 2001 EuropeAid was created to strengthen
gies, individual projects and contracting was cen-
the implementation of EU development programmes
tralized in Brussels.
worldwide and to bring consistency to programme
• Staing had not kept pace with the growth in dis-
management. EuropeAid’s mission is to implement the
bursements, leading to a great reliance on external
external aid instruments of the Commission, which are
consultants for the design and implementation of
funded by the EU budget and the EDF. It does not deal
projects and programmes.
with pre-accession aid programmes (PHARE, ISPA and
A particular concern was the large and growing prob- SAPARD; see Chapter 22), humanitarian activities or
lem of disbursing funds that had been committed macro-inancial assistance. It has undertaken a series
(compare Figures 25.3 and 25.4, pages 412–13). While of reforms to improve the eiciency and efectiveness
in 1990 outstanding commitments stood at three times of EU aid, including strengthening the project evalu-
annual disbursements for the EU, by 2000 this had ation process and devolving project and programme
grown to a multiple of four for EU budget funds and management to Commission delegations in the ield
to a multiple of six for EDF funds (OECD 2002a). he (CEU 2005h). Since 2001 the Commission has pub-
Court of Auditors’ reports noted that as much as half lished an annual report on EU development policy
of the annual budget would be committed in a rushed and the implementation of external assistance, which
manner in the last month of the year. here may be provides greater transparency on this area of activity.
good external reasons for the diiculties in drawing More recently, the focus has shifted to implementation
down funds, including the low absorption capacity of of the international agenda to improve the coordina-
recipient country administrations, especially in the tion and harmonization of aid procedures. he EU
ACP countries, and restrictions arising from the abuse signed the Rome Declaration on Aid Harmonization
of human rights or the breakdown of the rule of law. in 2003, and the Paris Declaration on Aid Efectiveness
However, internal problems, such as inadequate staf in 2005, which commit it to speciic targets to improve
The EU and the developing world 419
aid delivery by 2010. As noted above and in Box 25.1, there has been an often justiied view that the quality
EuropeAid has recently assumed sole responsibility for of the EU’s aid programme has not matched the stand-
EU development aid and will continue to do so until ards of MSs’ programmes. However, there has been
EEAS takes over. a generally recognized improvement in EU aid policy
since the substantial reforms in 2000. he efective-
ness of EU aid has been enhanced since the creation of
25.5 Conclusion EuropeAid as a single implementing agency; the sim-
pliication of the legal basis for development assistance
From an aid relationship with its ex-colonies, the EU in the new inancial perspective; the decentralization
has evolved a complex set of relationships with DCs, of management authority to delegations in the ield;
embracing trade preferences, development assistance and the commitment to harmonization and alignment
and political dialogue. his chapter has summarized with the Paris Declaration. It is problematic, however,
the main features of these relationships and how they whether the EU’s aid programme will be rewarded
are changing over time. For reasons of space, not all for this improved performance. he total budget for
aspects of these relationships could be covered. he external action in the new inancial perspective, as well
chapter concentrated on trade arrangements and as the size of the tenth EDF up to 2013, are now ixed.
development assistance, and not much was said, for he increases agreed, in the context of the overall EU
example, about EU humanitarian aid or food aid. commitment to reach the UN target of 0.7 per cent of
Both trade and development cooperation policies GNI by 2015, imply a sharp fall in the relative size of the
have been areas of dynamic policy development in EU’s programme. In the absence of any revision of the
recent years. hree themes in particular stand out as inancial perspective, or the creation of some special-
shaping the EU’s relations with DCs over the next purpose instrument that would channel more bilateral
decade. First, the forging of FTA agreements with DCs aid resources through the Commission, the weight of
brings the EU into uncharted territory. hese agree- the EU’s aid programme will gradually diminish over
ments not only require reciprocal tarif concessions the next decade.
from the EU’s partners, but are also much more com-
prehensive in their scope than anything the EU has
negotiated with its DC partners until now. Summary
Second, the changing status of the ACP countries
in the EU’s development policy priorities is clearly • Initially, the EU’s relationship with DCs was in terms
evident. he success of this grouping in maintaining of association agreements, mainly with African
a negotiating unity, when it is bound together more nations. he relationship has widened with EU
by historic links to the EU than by common interests, enlargements, however, especially with the acces-
has been remarkable. But it does look like an increas- sion of the UK and Iberian countries, each adding
ingly fragile unity. he EU’s insistence on negotiating ex-colonial and cultural-link dimensions. he ACP–
regional EPAs will fragment the ACP countries into EU Cotonou Agreement is its latest manifestation.
regional groupings, leaving EDF funding and politi- • he TFEU dictates that the relationship should be
cal dialogue as the only unique parts of the EU–ACP irmly based on the principle of poverty eradication,
relationship. and calls for all EU policies that impinge on DCs to
hird, despite the European Consensus on Develop- do likewise.
ment, there remains ambiguity about the role that the • With the TFEU, the relationship comes under the
EU’s aid programme should play relative to those of EU External Action Service (EEAS), which supports
MSs. the EU High Representative for Common Foreign
Is cooperation between national, bilateral agencies and Security Policy (CFSP), now being founded,
in the context of the Paris Declaration suicient, or together with the Commissioners for Development
should MSs channel a larger share of a growing aid and Humanitarian Assistance. he TFEU also dic-
budget through the EU? Apart from any general unwill- tates that the EP must approve international trade
ingness among MSs to cede further authority to the EU, agreements.
420 Ali El-Agraa
• he relationship was built on cooperation in trade, 5. What are the Millennium Development Goals
regional arrangements and aid. (MDGs)?
• he proliferation of the EU’s special trade relation- 6. What sort of aid does the EU extend to DCs?
ships with DCs and groups thereof has devalued the 7. Who is responsible for the disbursement of EU
preferential trade cooperation schemes, and the development aid?
WTO has criticized these as discriminatory. here is 8. How does the EU help DCs export to the EU?
therefore a need for a new approach to: 9. What are EPAs?
1. strengthen regional trade cooperation; 10. How many EPAs does the EU have with DCs?
2. avoid discrimination; and 11. What does the TFEU specify as the guiding princi-
3. promote the overarching objective of poverty ple of the EU’s aid to DCs?
eradication. 12. What are the four principles on which EU develop-
• he EU’s new trade cooperation models with DCs ment cooperation aid is based?
are resulting in a proliferation of bilateral agree- 13. Has the EU been able to meet the aid targets it set
ments, in which the EU is advancing issues on itself?
which agreement in the WTO is lacking – for exam- 14. Explain and discuss the claim that the EU has
ple, trade in services and government procurement failed miserably to promote exports by DCs to its
policies. markets.
• he EU is carefully watching how China is expand- 15. What do you think of the EU’s aid to DCs being
ing its cooperation with DCs, and China’s role in conditional on the recipients’ adherence to
this regard will have a major impact on the future of human rights?
the EU’s relationships with DCs. 16. Evaluate the efectiveness of EU aid to DCs in
• he EU is aiming to make human rights a stronger terms of the EU’s set objectives.
factor in its preferential trade agreements with DCs.
• he Commission and MSs combine to pro-
FU RTH ER REA DING
vide 56 per cent of total global ODA in 2009. he
Commission manages 10 per cent of all ODA, dis- CEU (2010) Annual Report 2010: On the European Union’s
bursing around €10 billion in 2009. MSs implement Development and External Assistance Policies and
their own bilateral and multilateral programmes in their Implementation in 2009 (available on the EU
addition to the EU’s, managed by the Commission. website).
Collier, P. (2007) he Bottom Billion: Why the Poorest
• he Commission is a strong protagonist of
Countries are Failing and What Can Be Done About It,
government-to-government aid, providing general
Oxford University Press.
budgetary support to further good governance. It
Mold A. (ed.) (2007) EU Development Policy in a Changing
allocates only a very small proportion of its pro- World: Challenges for the 21st Century, Amsterdam
gramme to basic health and education. University Press.
Part VII of the book is naturally concerned with the future of the EU: where it is head-
ing. It examines the views of all those who play inluential roles in the drive behind
European integration, and sets them against the vision of the founding fathers.
The future of the EU
26 AL I E L - AGR AA
423
424 Ali El-Agraa
successful individual small nations’ destiny is highly Union Congress (TUC), in which he spoke strongly
vulnerable to the activities of the larger nations, now of the ‘social dimension’ of the SEM, and called for a
including China. Hence, in this context, size is of the ‘platform of guaranteed social rights’, including the
essence, as the rise of China’s economy and political proposal that every worker should be covered by a
power clearly demonstrate. collective agreement with his or her employer: a pro-
here is therefore no need to dwell on this issue, posal that is close to the hearts of most British trade
because the political vision of the founding fathers unionists.
relates to the long term, and the road is inevitably far Later, during the same month, hatcher responded
from smooth. It is vital, however, to learn what EU lead- in very strong terms: ‘We have not rolled back the fron-
ers think the EU’s future will entail, since one wants to tiers of the state in Britain only to see them re-imposed
know if their vision contradicts or lends support to that at a European level, with a European superstate exer-
of the founding fathers. cising a new dominance from Brussels.’ Subsequently,
and on many occasions, hatcher repeated simi-
lar phrases regarding the ‘nightmare of an EC gov-
26.3 The vision of contemporary ernment’. Nor did she conine her attacks to broad
politicians policy issues. She also attacked every single practical
measure by which her fellow EU leaders sought to
Turning to the vision of contemporary political lead- achieve progress within the EU. She told the somewhat
ers, one needs to know their views regarding whether bemused Italian prime minister, Ciriaco De Mita, ‘I
the SEM, economic and monetary union (EMU) and neither want nor expect to see a European central
the implementation of the Treaty of Lisbon (the Treaty bank or a European currency in my lifetime or . . . for
on the Functioning of the European Union, TFEU) are a long time afterwards.’ A few years later, she declared
ends in themselves, or merely staging posts on the way that she regretted having endorsed EMU during the
to greater economic and political union. To concen- 1989 Madrid Summit, and backed William Hague for
trate attention and liven the debate, we shall consider the leadership of the Conservative Party to succeed
interchanges between the leaders of the main driving her immediate replacement (John Major), simply
forces behind EU integration: France, Germany and because Hague had vehemently announced that quali-
the European Commission (Commission), as well as ication for membership in his shadow cabinet would
the largest reluctant partner, Britain. Due to space require unwavering commitment to ensuring that the
limitations, we shall concentrate on two examples of euro would have no place in Britain. Hague’s choice
interchange, one between them, before the adoption of of Michael Portillo as shadow chancellor soon after
the euro, the other relatively recent, but ongoing, since the latter’s return to politics was consistent with that
these should enlighten us about general trends, as well stance, since Portillo was, and continues to be, a vehe-
as show us if Britain is still out on a limb (see Young ment opponent of the UK adopting the euro, and actu-
1998 for excellent documentation and analysis). ally believes in its imminent demise on the grounds
that no single European currency has ever succeeded.
he irst rebuttals of hatcher’s vehement utter-
26.3.1 The vision of political leaders: the
ances came not from the ‘socialist’ leaders of the other
1980s and 1990s
EC member nations,2 but from the more right-wing.3
he irst example relates to the interchanges that took he most outspoken was Chancellor Kohl, hitherto
place between then British prime minister, Margaret hatcher’s closest ally. He declared latly in Brussels in
hatcher, the Commission president during the late November 1988 that:
1980s, Jacques Delors, and Germany’s chancellor,
Helmut Kohl. During the summer of 1988 Delors pre- 1. All internal frontiers within the EC must disappear
dicted that ‘in ten years time 80 per cent of economic, by 1992.
and perhaps social and tax legislation, would be of 2. Tax harmonization is indispensable.
Community origin’. In early September of the same 3. A European police force is the answer to crime and
year, he followed this with a speech to the UK’s Trade terrorism.
The future of the EU 425
4. By pooling sovereignty, EC states will gain, not lose. that Britain could not go along with what the Original
5. he EC must have (in alliance with the USA), a Six aspired to (see page 25 and Chapter 2). However,
common defence policy, leading to a European since Britain had always seen a diferent role for itself
army. from that envisaged by the ‘continent’, one can claim
that the countries most involved with EU integration
He did not mention hatcher by name, but every point acted in a manner that suggested that the future would
he emphasized was one on which she was on record as bring about deeper integration. Although this was not
taking the opposite view. expressed in the form of concrete political unity, what
It should be stressed that hatcher’s stance on is pertinent is that their vision for the next steps to be
these matters suggested that she believed that the EU taken for further EU integration was on the whole con-
was predominantly a zero-sum game: every increase sistent with the dream of the founding fathers.
in EU sovereignty was at the expense of that of the
member nations, especially the UK. However, most of 26.3.2 The vision of more recent political
the other EU leaders had fewer illusions about what the leaders
medium-sized EU member countries could achieve by
We now turn to the second example of interchange, by
themselves: very little indeed. hey reckoned that by
considering what more recent EU leaders think of how
‘pooling sovereignty’ they would increase the range of
the future should be shaped for the EU.
possibilities for the EU as a whole, and thus for their
own countries as well.
The post-Maastricht leaders
In short, it could be claimed that the other EC lead-
Following the hatcher–Kohl exchange, without a
ers saw hatcher following the example of Charles de
shadow of doubt the debate was opened by Joschka
Gaulle, whose anti-EC policies in the 1960s held back
Fischer, the German foreign minister, on 12 May 2000,
the EC development, ironically including UK admis-
in a speech delivered at Humboldt University. He
sion (see Chapter 2). he comparison may have been
began by asking his audience to allow him to ‘cast aside
one which hatcher herself found lattering; would she
. . . the mantle of . . . minister’, and to speak in a purely
have realized, however, that de Gaulle’s intransigence
personal capacity. He said that
eventually did much to undermine French inluence
for a long time, both within the EC and outside it? Yet in the coming decade, we will have to enlarge . . . [the] EU
despite all this, one should not forget what de Gaulle to the east and south-east, and this will, in the end, mean
stood for; in 1967 he said: ‘if a united Europe is to be a doubling in the number of members. And at the same
built by itself and for itself without being subjected to time, if we are to be able to meet this historic challenge
an economic, monetary or political system that is for- and integrate the new member states without substantially
denting . . . [the] EU’s capacity for action, we must put into
eign to it, if Europe is to counterbalance the immense
place the last brick in the building of European integration,
power of the United States, then the ties and rules that
namely political integration4
hold the community together must be strengthened,
not weakened’. He added that this ‘inalité politique’ would be pre-
So what is the message behind this interchange, in ceded by the formation of a ‘centre of gravity’ within
terms of the vision of EU leaders in the 1980s regarding the EU: an ‘avant garde’, the driving force for the com-
the future of the EU? he answer is that, during that pletion of political integration. With regard to the insti-
period, Germany and the Commission president, as tutional arrangement, he asked for ‘a constitutional
well as the silent majority of EU nations, saw the EU as treaty centred around basic human and civil rights;
evolving beyond the commitments entered into then. shared sovereignty and a clear deinition of compe-
In short, they envisaged the EU becoming more than an tences between European and nation-state levels of
EMU with a common currency and coordinated poli- governance; a division of powers among the European
cies on foreign afairs, defence and justice and home institutions, including a European Parliament with two
security. Britain took a diferent view and was sup- chambers, a European government and, possibly, a
ported by Denmark, her closest ally since well before directly elected president, with broadly administrative
the creation of EFTA in 1960, after it became clear powers’. With this ‘division of sovereignty’ between EU
426 Ali El-Agraa
institutions and the nation states, he thus distanced On 28 May 2001 Lionel Jospin, while still French
himself from a European superstate transcending and premier, spelled out his vision for the EU as a ‘fed-
replacing the national democracies. eration of nation states’, but rejected the German views
he speech attracted a great deal of criticism and of federalism and distanced himself from President
generated open hostility in some quarters, where the Jacques Chirac’s idea of a ‘pioneer group’ to forge
word ‘federation’ is not in the dictionary of European ahead with integration. Noting that ‘federation’ might
integration. Also, scholarly reactions have ranged from appear to be a simple and coherent word, but that it
criticism of Fischer’s logical inconsistency in wanting a was subject to several interpretations (see next page),
federation where the member states remain sovereign, he went on to reject any model based on the German
to the fact that he had not worked out the path to be federal system. He added that ‘if federation means a
taken to the ultimate objective. With regard to incon- gradual, controlled process of sharing competences,
sistency, Leben5 argues that classical constitutional or transferring competences to the union level, then
theory recognizes only confederate and federal states, this refers to the federation of nation states coined by
and hence wonders if there can be a third type: ‘a fed- [ex-EU Commission president] Jacques Delors and is
eration but not a federal state, as . . . Fischer’s speech a concept which I fully support’. Being a dedicated
seems to suggest?’ However, our concern here is with socialist, he reinforced his previous suggestions that
what political leaders think.6 the EU should enhance its social legislation with the
A year later, on 30 April 2001, the German chancel- adoption of a social treaty, irming up tax harmoniza-
lor, Gerhard Schröder, added to Fischer’s framework tion, and a tighter legal framework to enshrine the role
in the publication for the November congress for his of public services in the EU.
Social Democrat Party. He called for the restructur- Of the EU member nations considered here, this
ing of EU institutions, including the building of the leaves the British government. Tony Blair, the leader
Commission into a strong executive, the transfor- of the reformed Labour Party (some argue it is the old
mation of the Council of the European Union into Conservative Party in a pleasant disguise), had been at
a chamber of European states, and the drafting of a the British helm for a decade and is warm towards the
constitution for the EU. Singling out the weaknesses EU, and hence out of step with Baroness hatcher. After
of the common agricultural and regional policies, he assuming oice in 1997 he was sympathetic towards the
laid stress on greater transparency by insisting that EU. In a speech (in Ghent, near Bruges, where hatcher
the member states (MSs) should themselves assume delivered hers) on 23 February 2000, he said that he
responsibility for the tasks that they can carry out believed that, by winning the argument for economic
more efectively than through a central administra- reform in Europe, he could mould the EU agenda, and
tion, which is consistent with the subsidiarity principle, in doing so simultaneously defuse much of the resent-
incorporated in the Amsterdam Treaty. ment Britons felt towards the EU. In short, he wants the
On 27 June 2000 the French president, Jacques UK to act from within the EU to the betterment of the
Chirac, in a speech delivered to the German Parliament EU itself and to make it attractive to Britons, adding
in Berlin, called for the formation of an ‘inner core of that British ties with the USA have been undermined by
EU members’, willing to push more rapidly towards the failure of the UK to play an active role within the EU.
further integration, thus echoing Fischer’s appeal for a Later, he committed his government to the adoption of
centre of gravity, which some would rather call a two- the euro, provided that Britain passed his chancellor’s
speed Europe (see Chapter 2). Also, he endorsed the economic tests (see Chapter 11), and providing that UK
idea of a future constitution for the EU. Some analysts citizens endorsed adoption in a referendum. However,
saw this as support for Germany’s call for EU federal- he remained adamant that he did not see the EU going
ism; others as politically calculated rhetoric lacking in beyond the economic, and that the alliance with the
substance. He stressed, however, that neither France USA would be strengthened – the events leading to the
nor Germany envisaged the creation of a ‘European 2003 US-British (and alliances) war with Iraq clearly
super-state which would take the place of our nation demonstrated that.
states’ – that is, he was advocating ‘not a United States On 6 October 2000, in his speech to the Polish Stock
of Europe, but a Europe of united states’. Exchange in Warsaw, Blair came up with his proposals
The future of the EU 427
for EU political reform, which, given its date, were a speech delivered to the French National Assembly
obviously his response to Fischer and submission to on 12 March 2003. He asked: ‘What Europe do we
the Convention of the Future of Europe (see Chapter want? What common projects are we aiming for? Just
2). First, he wanted the European Council to set the a “supermarket” or a political area that allows us to
agenda, which is more or less what it actually does defend convictions on the world stage?’ He also called
(by ofering blueprints that the Commission develops ‘for a Union that can “exercise the responsibilities of
into concrete proposals; see Chapter 3), but with the a world power”’, and claimed that current disagree-
Commission president playing a part in drawing up the ments between EU leaders about the war in Iraq ‘will
agenda, the Commission continuing as the guardian of eventually help defend the idea on which European
the treaties, and the Council having term presidencies integration was founded’, and ‘when a political Union
with greater continuity. Second, he did not want to see emerges, it will reap the beneit’ of this approach.
a single document called the EU Constitution, opting hus practically all the major players were still envis-
for continuation of the present system of treaties, laws aging the EU not only going beyond its commitments
and precedents – that is, to retain the British style of an then, but also evolving into some sort of a closer politi-
unwritten constitution, and to decide on what is to be cal union. he debate on whether this should be a
done and not done at EU level: thus be more speciic ‘United States of Europe’ or a ‘Europe of united states’
about subsidiarity. hird, he wanted to have a second does not undermine this, since, to reiterate, a federa-
chamber for the European Parliament, whose most tion can take diferent forms. Hence the vision of most
important function would be to review the EU’s work. of the former major EU political leaders was consist-
Fourth, he wanted to streamline the Commission, since ent with the substance of the dream of the founding
with enlargement it would have thirty members and fathers.
would become unworkable, but he indicated that there Before turning to the current leaders, some further
was no need to discuss this then. In short, he wanted consideration of federation is warranted. According
to see the EU as a ‘superpower, but not a superstate to constitutional theorists, federalism fulils two major
. . . an economic powerhouse through the completion functions. he irst is a vertical separation of powers by
of the world’s biggest single market, the extension of assigning separate responsibilities to two government
competition, an adaptable and well educated work- levels; the components and the federation are usually
force, the support for businesses large and small’. All of geographically deined, ‘although “societal federal-
this amounted to saying ‘no thank you’ to Fischer, and ism” considers non-territorial units as components of
though he wanted to stress his positive commitment to a federation’ (Börzel and Risse 2000). he second is
the EU, this went only as far as a slightly strengthened the integration of heterogeneous societies, but with-
EU. out destroying their cultural and/or political autonomy
It is interesting to note that in his speech to the (Börzel and Risse 2000). Implicit in both functions is
European Parliament on 23 June 2005, Blair said that that the components and the federation have autono-
the EU ‘is a union of values, of solidarity between mous decision powers that they can exercise independ-
nations and people . . . not just a common market ently; thus sovereignty is shared or divided, rather than
in which we trade but a common political space in being exclusively located at one level. Even without
which we live as citizens’. He added that ‘I believe in the legitimate monopoly of coercive force, the EU has
Europe as a political project. I believe in Europe with acquired some fundamental federal qualities. As wit-
a strong and caring social dimension.’ And he rejected nessed by this book, it possesses sovereignty rights in a
the ‘division between the Europe necessary to succeed wide variety of policy sectors. hese range from exclu-
economically and social Europe’, and stressed that sive jurisdiction in the area of EMU, to far-reaching
‘Political Europe and economic Europe do not live in regulatory competences in sectors such as consumer
separate rooms.’ protection, energy, the environment, health/social
To complete the picture, one must consider the security and transport. Also, the EU is ‘increasingly
position of the then Commission president, Romano penetrating even the core of traditional state responsi-
Prodi, who was the Italian prime minister during bilities such as internal security (Schengen, Europol)’
1996–8 and 2006–8. His opinions are clearly shown in (Börzel and Risse 2000). In most policy areas, EU law
428 Ali El-Agraa
is not only superior to national law; it can also deploy leaders would be that their statements summarized
direct efect, giving citizens the right to litigate against above should not be taken seriously, since they were
their states for violating EU laws conferred on them meant merely to set the scene for the Convention for
(see Chapter 4). his is part of a second development, the Future of Europe (see Chapter 2). In other words,
which has been addressed more recently. he given past experience, these positions would have to
EU is transforming itself into a political community within be greatly watered down if consensus were to material-
a deined territory and with its own citizens, who are ize, and consensus would be needed since a new treaty
granted (some) fundamental rights by the European would require unanimity. his was especially so when
Treaties and the jurisdiction of the European Court of it was being claimed that the Convention was to be a
Justice . . . With the Treaties of Maastricht and Amsterdam, historic moment for the EU, just as the Philadelphia
however, the single market has been embedded in a politi- convention was for America, since it would give the EU
cal union with emerging external boundaries [Article 11 of a single legal personality and provide all its institutions
the Union treaty refers to the protection of the integrity of with a constitutional basis for their powers, as well as
the Union and its external boundaries] and proper citizen-
transfer sovereignties over internal afairs (immigra-
ship (Börzel and Risse 2000)
tion, cross-border crime, drug traicking) to EU insti-
Not only has the EU developed into a political com- tutions. One should add, however, that Peter Hain,
munity with comprehensive regulatory powers and a British Prime Minister Tony Blair’s representative on
proper mechanism of territorially deined exclusion the Convention, insisted that it would be much less
and inclusion (EU citizenship), but it also shares most important than the Maastricht Treaty.
features of what deines a federation. First, the EU is It is pertinent, therefore, to refer to the draft con-
a system of governance that has at least two orders of stitution, submitted on 6 February 2003, to ind out
government, each existing in its own right and exercis- what light it sheds on the matter, and to follow this
ing direct inluence on the people. Second, EU treaties by considering the Treaty of Lisbon, since doing so
allocate jurisdiction and resources to these two main will help shed light on the above-mentioned ‘watering
orders of government. hird, there are provisions for down’ during negotiations. here is no need, however,
‘shared government’ in areas where the jurisdiction to examine the inal draft, adopted in the hessaloniki
of the EU and MSs overlap. Fourth, EU law enjoys Greek summit on 20 June 2003, and signed in Brussels
supremacy over national law: it is the law of the land in the intergovernmental conference in June 2004 (see
(see Chapter 4). Fifth, the composition and procedures Section 2.3.6, page 33), because it is the adopted treaty
of EU institutions are based not solely on principles of that is of the essence.
majority representation, but guarantee the represen- Consider the irst articles of the 2003 draft consti-
tation of ‘minority’ views. Sixth, the European Court tution, largely attributed to Valéry Giscard d’Estaing,
of Justice serves as an arbitrator to adjudicate on chairman of the Convention and former French presi-
conlicts between EU institutions and MSs. Finally, dent, and his twelve-member ‘inner praesidium’.7 It
the EU has a directly elected parliament (Börzel and envisaged a major role for the EU in the economy,
Risse 2000). foreign policy and even space exploration. Sixteen of
he EU only lacks two signiicant features of a fed- its forty-six articles dealt with EU aims, values and
eration. One is that the MSs remain the ‘masters’ of powers. Article 1, on establishing an entity for the
the treaties – that is, they have the exclusive power to EU, stated that it should be: ‘A Union of European
amend or change the constitutive treaties of the EU. he States which, while retaining their national identities,
other is that the EU has no real tax and spend capacity closely coordinate their policies at the European level,
– that is, it has no iscal federalism. ‘Otherwise . . . [the] and administer certain common competences on a fed-
EU today looks like a federal system [see Chapter 18], it eral basis’ (italics added). Article 3, on EU objectives,
works in a similar manner to a federal system, so why calls for, inter alia, the ‘development of a common
not call it an emerging federation?’ (Börzel and Risse foreign and security policy, and a common defence
2000). In short, one wonders why the word ‘federalism’ policy, to defend and promote the Union’s values in
frightens some EU nations and citizens so much. the wider world’. Indeed, ‘the tone of the document
One obvious reaction to the position of these political is more federalist than expected’, and in particular
The future of the EU 429
the ‘Commission was pleased with the clause to allow in 2010 in a Conservative/Liberal Democrat coalition.
national governments and the European Parliament José Manuel Barroso, ex-prime minister of Portugal,
to give . . . [the] EU more powers’ (Financial Times, 7 assumed the presidency of the Commission in 2004
February 2003), if needed, for the attainment of the and again in 2009. Romano Prodi was replaced as
objectives set by the Constitution. Italy’s prime minister by Silvio Berlusconi in 2008.
hese were labelled surprising proposals, given that Following the rejection of the constitutional treaty by
the Convention had been entrusted with proposing a France and the Netherlands in 2005, Merkel asserted
framework and structures for the EU that were geared that the failed Constitution must be revived, stressing
to changes in the world situation, the needs of EU citi- that clearing the EU institutional mess must be a pri-
zens and the future development of the union. In other ority over economic reform. Sarkozy went along with
words, the Convention was largely meant to simplify her, and so did Barroso. And although there were some
and restructure EU basic treaties (Giuliano Amato, one diferences between EU political leaders, the Lisbon
of the two vice-chairmen of the Convention and ex- Treaty became a reality in 2009. Since, as just men-
prime minister of Italy, Project Syndicate/Institute for tioned, the Lisbon Treaty is more or less the same as the
Human Science 2002). No wonder that Britain imme- constitutional treaty, it follows that the current visions
diately labelled the draft ‘unacceptable’, claiming it of three of our main actors (two new, one old) are con-
went further than expected towards creating a federal sistent with those of their immediate predecessors. his
Europe (Financial Times, 7 February 2003). However, leaves the UK.
Amato responded in the same article by arguing that Cameron has been UK prime minister since 11 May
the ‘institutional structure . . . should also relect and 2010, and Hague is his foreign minister. Although he
help develop Europe’s broader aspirations. Europe stated that Britain will play ‘a positive, active [and]
must be more than a vehicle of economic integra- engaged’ role in Europe, he added that ‘We’re not a
tion.’ What was even more interesting was that Giscard member of the euro, nor are we going to become a
d’Estaing, the Convention’s chairman, proposed the member of the euro’. He also stressed that he would
streamlining of the EU foreign policy apparatus by ‘stoutly defend British red lines’, warning that he was
the creation of a single post of EU foreign minister ‘only willing to back proposals that left UK powers
(to replace the two roles then held by Javier Solana, untouched’. Moreover, he declared after the summit
EU foreign policy chief, and Christopher Patten, com- that ‘of course there are those . . . who want to press for
missioner in charge of external relations), as well as greater integration or still seek treaty changes to bring
scrapping the rotating six-month presidency of the that about’, so ‘You’ve got to be on your guard’. Add to
European Council (Financial Times, 16 April 2003). this that he was absent from the pre-summit meeting
hat was the draft, but how does it compare with of EU leaders from the centre-right European People’s
Lisbon Treaty? Since this is detailed in Chapter 2, there Party (EEP; see Chapter 3), which included Merkel,
is no need to dwell on it here. A glance at relevant sec- Sarkozy and Berlusconi, but this is consistent with
tions of Chapter 2 and the treaty should reveal that his controversial decision in 2009 to pull Tory MEPs
the changes have been minimal. hat is why many out of the EPP to form a new Eurosceptic group, the
have claimed that the Lisbon Treaty is the constitu- European Conservatives and Reformist group (ECR;
tional treaty in disguise (see Section 2.3.6, page 33). see Chapter 3). Furthermore, his foreign minister
hus it would seem that the pre-Convention utterances Hague is sticking to his guns (see page 424). Hence
were not mere political gesturing, and hence should be the UK’s position has become more Eurosceptic. It is
taken seriously. interesting that Cameron’s position has not changed,
even though the partner of his coalition government,
The current leaders the Liberal Democratic Party, and its leader and the
Turning to the current leaders, there have been deputy prime minister, Nick Clegg, are all committed
changes in all the major actors considered in this chap- to the EU. hus the coalition agreement rules out the
ter. Angela Merkel has been German chancellor since transfer of any further powers to Europe without a
2005. Nicolas Sarkozy assumed the French presidency referendum.
in 2007. David Cameron became UK prime minister
430 Ali El-Agraa
hroughout this book, all references to publications by the integration in Africa’, paper presented on 5 March
Commission of the European Community or Union are at the African Development Forum III, held in Addis
recorded as being authored by the CEU, since there is no Ababa, Ethiopia.
need to follow historical incidence; all that matters is date Adelman, M. A. (1969) ‘Comment on the “H” concentra-
of publication. tion measure as a numbers equivalent’, Review of
Within CEU publications, frequent reference is made to Economics and Statistics, vol. 51.
Communications from the European Commission/Union Agha, A. and Houghton, J. (1996) ‘Designing VAT systems:
to the Council. hese are recorded as COM(??) ???, where some eiciency considerations’, Review of Economics
(??) tells the year and ??? the number; hence COM(88) 491 and Statistics, vol. 78.
means Communication number 491, issued in 1988. To Aiginger, K. and Pfafermayr, M. (2000) ‘he single market
save on space and avoid distraction, they are not stated in and geographic concentration in Europe’, presented
the main text, but are fully stated in the relevant CEU entry at the EARIE Conference, Lausanne, 11 December.
in the references. Aitken, N. D. (1973) ‘he efects of the EEC and EFTA on
Any references to the ‘Council of whichever minister’ European trade: a temporal cross-section analysis’,
are entered under Council. hose pertaining to the Euro- American Economic Review, vol. 68.
pean Council of Heads of States and Governments come Akerlof, G., Dickens, A., Perry, W. and George, L. (2000)
under European Council. ‘Near rational wage price setting and long-run Phil-
Reference is also frequently made to the Treaties of the lips curve’, Brookings Papers on Economic Activity,
European Union, which are now easily available on the vol. 30, no. 1.
Europa website (at http://ec.europa.eu). We use TEU for Alesina, A. and Spolaore, E. (2003) he Size of Nations, MIT
the Treaty on European Union – that is, the Maastricht Press, Cambridge, Mass.
Treaty – and TFEU for the Treaty on the Functioning of Alesina, A. and Giavazzi, F. (eds.) (2009) Europe and
the European Union – that is, the Lisbon Treaty. Others the Euro, University of Chicago Press, Chicago and
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Author index
471
472 Author index
CEPII 139, 140 Dabinett, G. 359 Eichengreen, B. 136, 158, 305n., 369
CEPR 136, 137, 138, 139 Daintith, T. 57, 259 Eijinger, S. 188
CEU (Commission of the European D’Alcantra 129, 143n. Ekström, C. 377
Union) 27, 30, 45, 50, 55n., 57, 102, Dall’erba, S. 353 El-Agraa, A. M. 4, 6, 9, 13, 76, 84, 85,
103, 105, 106, 107, 108, 109, 111, Dam, K. W. 3 86, 87, 88, 89, 94, 96, 97, 98, 99, 126,
115, 120, 140, 141, 150, 170, 173, Daveri, F. 368, 369 128, 129, 131, 135, 136, 139, 158,
188, 191, 199, 200, 202, 206, 207, Davies, G. 60, 65 169, 257, 315, 394, 406, 408
209, 210, 218, 219, 220, 221, 222, Davoudi, S. 359 Elmeskov, J. 369
224, 225, 228n., 232, 234, 235, 236, Daw, T. 343, 345 Emerson, M. 111, 141, 265, 354, 361,
237, 240, 246, 247, 248, 249, 250, de Bruijn, R. 108 366
251, 252, 253, 254, 255, 258, 259, de Búrca, G. 64, 65, 66 EMI 170
260, 261, 264, 266, 267, 269n., 276, de Grauwe, P. 151, 156, 157 EOPUS 292
280, 282, 283, 290, 291, 292, 293, de Koning, J. 368 Erdmenger, J. 247
296, 297, 299, 300, 301, 302, 303, de la Fuente, A. 300, 301 Erixon, F. 394
305n., 315, 316, 318, 323, 324, 328, de la Porte, C. 371 Estella, A. 62
350, 353, 354, 355, 356, 357, 361, de Melo, J. 391 Estevadeordal, A. 391
362, 366, 369, 371, 372, 376, 377, de Meza, B. 232 ETUI see European Trade Union
379, 383, 398, 408, 410, 412, 413, de Mooij, R. A. 238 Institute
415, 416, 417, 418 de Vincenti, C. 378 Euractiv 224, 280
Chalmers, D. 60, 65 de Witte, B. 63, 67 Eureka 228n.
Chandler, A. 217 Decressin, J. 123 Eurobarometer 121, 270
Checchi, D. 369 DEFRA 334n. EUROCONTROL 252
Choi, J.-Y. 89 Denis, C. 226 European Central Bank 175, 193n.
Clavaux, F. J. 129, 130, 132 Denison, E. F. 128, 216 European Council 186, 223, 224, 270,
Cnossen, S. 233, 234, 235 Devereux, M. P. 238, 240 289, 294, 301, 302, 367
Coase, R. 273 Devroe, W. 207 European Court of Auditors 222, 298,
Cobham, D. 181n. Dewatripont, M. 217 299
Codognet, M.-K. 269n. Dhillon, A. 238 European Court of Justice 60, 66, 67,
Cohen, E. 215 Dickens, A. 378 235, 277
Collins, A. M. 205 Dickens, R. 377 European Economy 120
Colman, D. 315 Dickson, A. 420n. European Environment Agency 274,
Cooper, C. A. 85 Dierx, A. 111 275
Copenhagen Economics 107 Diez Guardia, N. 369 European Parliament 109, 232, 234,
Coppel, J. 64 Dirksmeyer, W. 329 236
Corden, W. M. 89, 151, 152, 153, 158, Domenesh, R. 300, 301 European Trade Union Institute
177 Dosser, D. 231 373
Corsetti, G. 169 Downs, A. 314 Eurostat 222, 238, 242n., 259, 291,
Cosgrove-Sacks, C. 420n. Doyle, C. 269n. 365, 366, 374
Council of the European Union 57, Drake, S. 64, 65 Evans, D. 166
59, 107, 206, 220, 221, 232, 234, 236, Dubois, P. 19
238, 240, 242n., 259, 270, 273, 275, Dunford, M. 354, 356 Faber, G. 420n.
277, 282, 283, 284, 372, 403, 413, 414 Dunmore, J. 334n. Faini, R. 230
Court of First Instance 213n. Dunning, J. H. 97 Falkner, F. 63
Cragg, C. 286n. Duval, R. 368, 369 Farrell, D. 377
Craig, P. 57, 59, 61, 64, 65, 66 Fatás, A. 123, 159, 160
Crawford, J.-A. 4 ECB see European Central Bank Feldman, M. 217
Crombez, C. 59 ECJ see European Court of Justice Feldstein, M. B. 190, 430n.
Cruickshank, A. 259 he Economist 234, 269n. Fernandez, R. 226
Culem, C. G. 119 Efken, J. 329 Ferrera, M. 367
Curtin, D. 57, 64 EFTA Secretariat 128, 129, 130, 132, Financial Times 429
Curzon Price, V. 96 134, 143n. Fiorentino, R. V. 4
Cuthbertson, K. 117 Ehlermann, C.-D. 210 Fischer, P. A. 120, 121
Author index 473
ACC see Arab Cooperation Council size distribution of holdings 307, ASEAN see Association for South-East
ACM see Arab Common Market 309 Asian Nations
ACP (African, Caribbean and Paciic) see also Common Agricultural ASEM see Asia–Europe Meetings
states 14, 28, 39, 298, 299, Policy (CAP) Asia and the Paciic Basin 3, 102, 262,
322, 388, 391–2, 402, 403, aid programmes 274, 299, 401–3, 407, 263, 401, 402, 403, 408, 410
405–7, 410 410–19 development policy 413, 415
acquisitions and mergers 116, 119– air pollution 252, 272, 273, 289 economic integration 11–13
20, 200, 203–4 see also environmental policy Asia–Europe Meetings (ASEM) 408
action plans 107, 108, 115, 187, 261, air transport 247–8, 251–2, 264, 285 Association for South-East Asian
393 Airbus 394 Nations (ASEAN) 11, 12, 13,
additionality principle 360, 362 Airtours v. Commission case 200, 393, 408, 410
administration expenditure 299 204 asylum seekers 34
Advocates General 48, 49, 60 AL see Arab League asymmetric shocks 156–60, 175, 177,
AEC see Arab Economic Council ALBA (Bolivarian Alternative for the 179, 180, 191
Africa 39, 262, 263, 298, 299, 385, Americas) 11 Attlee, C. 24
393, 413 alcohol taxation 230, 235–6 AU see African Union
development policy 403, 406, 415 Almunia, J. 199, 201 Australian free trade
economic integration 7–9, 13–14 Altmark case 45, 207 arrangements 13
African Union (AU) 9 Amato, G. 33, 429
Agadir Declaration 408 AMU see Arab Maghreb Union balance of payments 165, 171, 290,
agencies of the EU 38–55 anti-dumping measures 389–90, 409 300
Agenda 315, 328 anti-monde 128, 129, 131–4, 137, 138, and economic integration 87, 127,
agglomeration economics 115, 124, 142, 222, 331, 373 135, 149, 159
215, 216, 354 see also modelling trade efects of Balassa–Samuelson efect 109, 177,
agriculture 280, 296–7, 388 integration 192
allocation of land 307, 309, 310 anti-poverty programmes 11, 13, 224, ‘banana dispute’ 389, 392, 403, 404,
beef prices 79, 80, 298, 319, 323, 402, 403, 411, 413–16 405, 406
324 APEC (Asia Paciic Economic banking crises 159, 220
butter prices 79, 80, 327 Cooperation) 3, 12, 13 Barcelona Declaration 407, 408
economic importance 306 aquaculture 336, 342, 345, 346 Barcelona process 392, 408
economic statistics 328 Arab Common Market (ACM) 12, 14 Barroso, J. M. 39, 429
eiciency in 309–10 Arab Cooperation Council (ACC) 14 Barroso Commission 278
employment statistics 306–7, 328 Arab Economic Council (AEC) 8, BEPG see Broad Economic Policy
and the environment 311 9, 14 Guidelines
EU farming system 313–14 Arab League (AL) 13–14 Berlusconi, S. 41, 429
food safety 311 Arab Maghreb Union (AMU) 7, 14, Blair, T. 426–7
food security 307–8, 322 407 block exemption system 206–9, 211,
income from farming 308–9, 332 Article XXIV (WTO) 2–4, 15, 83, 85, 221, 247
market stability 310–11, 332 94, 95, 306, 390, 402 Bolkestein, F. 107
477
478 Subject index
Bolkestein Report 240 CAEU see Council for Arab Economic Charter of Fundamental Rights 58,
Brasserie du Pêcheur SA v. Germany Unity 123
case 65 Calmfors Commission 176 Chicago School 198, 199
Bretton Woods Agreement 149, 163, Cameron, D. 429 China 13, 70, 71, 73, 74, 76, 127, 336,
166 Canada–US Free Trade Agreement 384–6, 394, 408
Briand, A. 19 (CUFTA) 11 Chirac, J. 343, 426
BRITE programme 221, 222 CAP see Common Agricultural Policy Churchill, Sir W. 20, 21
Broad Economic Policy Guidelines capital income taxation 230 cigarette taxation 234, 235
(BEPG) 148, 182, 186, 192, capital (K) market integration 148, CIS see Commonwealth of
371, 372 150, 154 Independent States
Brown, G. 178, 179 inancial markets/services 156 citizenship 31, 32, 302, 428
Brunner v. European Union Treaty capital movements 97, 116–17, Clean Air Acts 289
case 69n. 119–20, 157 Clegg, N. 429
Brussels Agreement 301 car ownership 254, 272 clustering theories 98, 124, 354
Brussels Treaty Organization carbon dioxide emissions 252, 261, CMEA see Council for Mutual
(BTO) 20, 25 281, 282–3, 284 Economic Assistance
BTO see Brussels Treaty Organization carbon tax see pollution taxes co-decision procedure 43, 44, 45, 46,
budget 289–304 Cardif process 186 61, 63
balanced budget rules 300–1 Caribbean 10, 11, 402, 405–7 coal industry 22, 24, 257, 258, 264
British problem 289, 300 development policy 410 Cockield, Lord A. 103
Common Agricultural Policy economic integration 11 Cockield Report 251
(CAP) 289, 295–8, 299, 301, cartels 201, 202, 206, 209, 210, 247 Cohesion Fund 31, 298, 356
302 Cassis de Dijon judgment 103 cohesion policy 356–60, 362
contributions 289, 294, 296, 300, CBT see common base taxation collective bargaining 369, 379, 398
301, 302 CCT see Common Commercial Cologne process 186, 190
Court of Auditors 39, 49–50, 299 Policy COMECON see Council for Mutual
Delors I package 289, 294 Cecchini Report 108, 111, 140, 141 Economic Assistance
Delors II package 289 CEEC see Committee for European COMESA (Common Market for
democratic accountability 294 Economic Cooperation Eastern and Southern
draft preparation 44, 294 CEFTA see Central European Free Africa) 7, 8, 9
economic theory of the Trade Agreement Comet v. Produktschap case 69n.
state 289–90 CEMAC 7, 8, 9 Commission v. Greece case 69n.
and EMU 169, 291, 293, 301 CENSAD (Community of Sahel- Commission v. Italy case 69n.
and enlargement 301–2 Saharan States) 7, 8, 9 Committee for European Economic
expenditure 296–300, 302 Central American Common Market Cooperation (CEEC) 21
see also national governments, (CACM) 10 Committee of Ministers 22
expenditure central banks Committee of Permanent
iscal federalism 290–3 Bundesbank 171, 174, 184 Representatives
national budget deicits 74, 149, European Central Bank 38, 46, 52, (COREPER) 44, 45
167, 169, 181 72, 160, 168–71, 175, 176, 182–6 Committee of the Regions 51–2
national deicits 74, 169 national 52, 164–6, 182, 183 Common Agricultural Policy (CAP) 2,
own resources system 28, 289, Central and Eastern European 6, 26, 27, 28, 150, 306–33
294–6, 319 countries 6, 25, 30, 99, 124, and the budget 29, 289, 295, 297,
revenues 294–6 136, 289, 297, 352, 355, 423 298, 299, 301–2, 317
rules and procedures 293–4 see also enlargement Commission’s role 312–16, 323,
and structural funds 297, 298, Central European Free Trade 325
302 Agreement (CEFTA) 7 constraints on 317–18
Budgetary Control Committee 174 CEPGL see Economic Community consumption subsidies 327–8
Buttiglione, R. 40, 41 of the Countries of the Great Council’s role 312, 314–16
Lakes decision-making process 312–13
CACM see Central American CETs see common external tarifs direct payments 324–6
Common Market CFP see Common Fisheries Policy domestic market regulations 323–8
Subject index 479
and environmental policy 311 landing illegal ish 343 Consorzio Industrie Fiammiferi
export regulations 322–3 marketing policy 339–40 case 210
inancial solidarity principle 314 objectives 339–42 Consten & Grundig ruling 198, 202
food safety 311 policy-making process 342–4 Consultative Assembly 22, 24
food security 307–8, 332 reforms 344–5 consumer demand theory 258
foreign trade restrictions 316–17 share of total catch 336 consumer price index (CPI) 52, 169
foundation of the CAP 6, 312 structural assistance 340 price stability 52
fruit and vegetable market 321 total allowable catches consumption statistics 73–4, 258,
future of 329–31 (TACs) 341–2 259, 260
grain market 307, 323, 324 trade balances in ishery Convention for the Future of
import regulations 319–22 products 336, 337 Europe 428
intervention purchases 323–4 Common Market for Eastern and convergence criteria 169, 170, 172,
McSharry Reform 323, 324 Southern Africa (COMESA) 7, 177, 182, 192
milk market 307, 319, 326, 327, 8, 9 Cooper–Massell criticism 85, 88, 92,
330–1, 332, 333 common markets 1, 22, 25, 26 94–6
and national interests 306, 312, Commonwealth of Independent Copenhagen Summit 29, 33, 282, 397
314–16, 331 States (CIS) 6, 393 Corbeau case 205
objectives of 328 communist economies 98–9 core–periphery regions 245, 351,
oilseeds market 324 competition policy 197–212, 214, 352, 353
preferences for agricultural 217, 396 COREPER see Committee of
products principle 314–15 block exemption system 206–9, 211 Permanent Representatives
preferential access to and the Commission 39, 197, corporation tax 229, 238–40
markets 321–2, 405 200–11 Costa judgment 69n.
pressure groups 317–18 dominant market position 355 Cotonou Agreement see Lomé
production quotas 326–7 and energy policy 264–7 Convention
productivity 331–2 enforcement 205–7 Coudenhove-Kalergi, Count 19
regional efects 350, 360, 361 horizontal agreements 208, 209 Council for Arab Economic Unity
set-aside 334n. legal framework 199–201 (CAEU) 14
single farm payments 325 mergers and acquisitions 200, Council for Mutual Economic
soya market 326 203–4 Assistance (CMEA) 6, 98, 99,
structural policy 315, 328, 333 modernization 201, 206, 209–11 136
sugar market 296, 307, 319, 322, monitoring 39 Council of Europe 20, 21, 22, 24
323, 326, 327, 330, 333 public turn of EU law 207–8 Council of the European Union
tobacco market 326, 333 rationale for 197–8 43–5
voting rules 316 rationalization 208–9 decision-making procedure 44
see also agriculture and regional policy 355 draft budget preparation 44
common base taxation (CBT) 240 role of economics 198–9 presidency 43
Common Commercial Policy and the single market 217 responsibilities 43
(CCP) 2, 295, 296, 383, 386, state-owned undertakings 204–5 Senior Council 45
388 vertical agreements 198, 207–12 Council of Ministers 22, 24, 26
see also trade complementarity principle 265, 372, countervailing action 353, 389, 390
common external tarifs (CETs) 1, 3, 413, 414 Courage case 201
26, 93, 94, 95, 96, 99, 388 complete economic unions 1 courts
Common Fisheries Policy (CFP) 27, complete political unions 2 of Auditors 38, 39, 49–50, 53, 299,
306, 335–47 computable general equilibrium 323, 418
conservation policy 341–2 models 137–8 of First Instance 49, 59, 213n.
discarded ish 343 conciliation committees 46 national courts 34, 48, 57, 59, 60,
equal access principle 338–9 conditionality of development 64–8, 201, 202, 208, 210
Exclusive Economic Zone policy 188 see also European Court of Justice
(EEZ) 338 Congress of Europe 21 CPI see consumer price index
external relations 342 conservation policy 264, 271, 335, Cresson, E. 40
High Seas regime 335, 338 338–45 Croatia 29
480 Subject index
CUFTA see Canada–US Free Trade Paciic) states 402, 403, 405–7, Directorate(s) General (DGs) 41, 42,
Agreement 410 201, 209, 210, 267, 278–9
currency stability 169 Asian economies 401, 408 disadvantaged region categories 349,
see also monetary integration assistance and cooperation 350, 352, 353, 361–3
current account balance 13, 159, policy 410–19 disputes between member
176 Barcelona Declaration 407 states 65–7
customs controls 232 economic growth 401–2 Distillers case 202
customs unions 1, 3, 15, 20, 21, 25, 79, economic integration 98 distortion problem 230, 240
80, 83–96 economic partnership agreements dividend payments 238–9
Cooper–Massell criticism 85, 94–6 (EPAs) 406, 407 docket-control system 60
domestic distortions 89–90 generalized system of preferences Doha Round 15, 317, 330, 384, 395,
dynamic efects 88–9 (GSP) 403–5 398, 406, 410
and economies of scale 83, 87, 89 global Mediterranean policy 407 dominant market position 202–3,
general equilibrium analysis 87–9 Latin America 402, 403, 408–9 355
partial equilibrium analysis 84–5 LDCs (less-developed drug addiction 404, 409, 428
terms of trade efects 90–6 countries) 26, 98, 322, 327, Dubois, P. 19
see also economic integration 357, 392, 396 dumping duties 389–90
Middle East 402, 407–8
Danish bottle case 276–7 preferential trade EAC see East African Community
Davignon, Viscount 221 agreements 391–2, 402, 403, East African Community (EAC) 7
de Gaulle, C. 425 406 EBA see Everything But Arms
de minimis notice 206, 220 trade policy 403–10 EC see European Community
de Mita, C. 424 WTO agreements 402 ECB see European Central Bank
debt inance 147–8, 160, 161n., 170, development assistance and ECCAS see Economic Community of
187 cooperation policy 410–19 Central African States
decentralization 183, 185, 197, 207– bilateral programme ECE see Economic Commission for
12, 291–2 coordination 413, 419 Europe
decision-making procedures 29, 32, coherence of policy 412, 413 ECJ see European Court of Justice
44, 45, 52, 58, 184, 192, 312–13, complementarity principle 411, ECMT see European Conference of
370, 386–8 413 Ministers of Transport
decisions 62 EDF (European Development ECOFIN (Economic and Financial
Declaration on Fundamental Fund) 416–17 Afairs) Council 44, 45, 148,
Principles and Rights at Work Lomé Convention 410 186, 187, 189, 190
(ILO) 398 management of assistance 417–19 econometric models 137, 141, 142,
defence policy 20, 24, 27, 30, 31, 253, objectives 411 369
293, 425, 428 overseas development aid Economic Commission for Europe
defence spending 290 (ODA) 410, 415 (ECE) 20, 21
Delors, J. 40, 103, 167, 229, 424, 426 trends in 414–16 Economic Community of Central
Delors I package 289, 294 volume of aid 411, 412, 414–16 African States (ECCAS) 7, 8, 9
Delors II package 289 DG see Directorate(s) General Economic Community of the
Delors Report 167, 170, 183 Diego Cali & Figli v. Servizi Ecologici Countries of the Great Lakes
demand 73–4, 86, 89 del Porto di Genova case (CEPGL) 7, 8, 9
for energy 259, 260 200 Economic Community of West
income elasticity 131–2 Dimas, S. 281 African States (ECOWAS) 7,
structure 73–4 diplomacy and economic 8, 9
democratic accountability 294 integration 99, 100 economic geography theories 115,
Denmark and EMU 30, 31, 32, 168, direct efect doctrine 57, 63, 64 354
170, 176 direct payments 297, 324–6, 329, 330 economic growth 115, 226, 279
destination principle 230, 232 direction of trade 75–6, 98, 104, 116 in developing countries 401–2
devaluations 154, 171, 174 Directives 62, 63, 64, 105, 274, 275, and economic integration 141–2
developing countries 401–20 277 and employment 375–6
ACP (African, Caribbean and Electricity 266 GDP (gross domestic
Subject index 481
product) 72–5, 110, 111, economic unions 1, 2, 96–8 labour mobility 114–16, 120–4, 155,
224–5, 258, 292 economic welfare 271 156, 157, 308, 355
GNI (gross national income) 72, economies of scale 88, 89, 90, 124, low-skill workers 116, 355
295, 296, 300, 301, 401 140, 215, 216, 217, 267, 291, 354 part-time workers 365, 373
GNP (gross national product) 52, ECOWAS see Economic Community performance 367–70
88, 137, 300 of West African States self-employment 50, 217, 338, 373,
neoclassical theory 216, 354, 361 ECP (political cooperation 376
and regional policy 352, 354–5, procedure) 27 and the single market 111, 364–6
357, 361 ECSC see European Coal and Steel statistics 72
economic integration 1, 2, 4–15, 5, 25, Community wages and environmental
83–101 ECU see European Currency Unit standards 97, 107, 109, 116,
in Africa 7–9 EDC see European Defence 365–9
in Asia-Paciic 11–13 Community working hours 370, 379–80
in communist economies 98–9 EDF see European Development Fund see also unemployment
customs unions 83–96 EDP see excessive deicit procedure EMS see European Monetary System
deinition 1 education and training 31, 46, 214, EMU (European monetary union) 27,
in developing countries 98 224, 227, 232, 298, 365, 368, 377 31, 52, 102, 116, 147, 163–4,
and diplomacy 99 EEA see European Economic Area 182–93
economic unions 96–8 EEC see European Economic asymmetry problems 156–60, 175,
efects of 126–43 Community 177, 179, 180, 191
on balance of payments 87 EES see European Employment and the budget 291
on economic growth 83, 88, Strategy convergence criteria 172–3, 174
141–2 EESC (European Economic and Social cost–beneit analysis 158
on incomes 83, 86, 88, 99, 109 Committee) 38, 42, 50–1 Delors Report 167–8
on trade 127–8 EEZ see Exclusive Economic Zone and Denmark 170, 176, 192
see also modelling trade efects of EFTA see European Free Trade ECU (European Currency
integration Association Unit) 140, 165, 166, 175
in Europe 4–7 EIB see European Investment Bank EMF (European Monetary
free trade areas 1, 96 EIF see European Investment Fund Fund) 165, 166
gains from 14–15 elderly people 274, 290 EMS (European Monetary
growth 83, 88, 141–2 elections to the European System) 103, 149, 164–7
in Latin America 9–11 Parliament 40, 47 and enlargement 191–2
macroeconomics of 98 Electricity Directive 266 ERM (Exchange Rate
and manufacturing industry 117, electricity supply chain 258, 265–7 Mechanism) 114, 165–8, 171,
137–40, 351, 353 EMCF see European Monetary 172, 174, 178, 180
negative integration 2 Cooperation Fund ERM2 (Exchange Rate Mechanism
in Middle East 13–14 EMF see European Monetary Fund Two) 175
in North America 11 EMI see European Monetary Institute Eurosystem 182–5
positive integration 2 emission standards 281 iscal policy coordination 147, 148,
and regional policy 349–56 emissions trading scheme 281, 282, 159–60, 174, 177
in western hemisphere 9–11 283–5 and Germany 170, 187, 301
WTO rules 2–4 employment 365–78 and Greece 170
see also trade creation; trade in agriculture 306–7 and Ireland 176
diversion economic growth 375–6 launch of 164–6
economic partnership agreements European Employment Strategy macroeconomic policy
(EPAs) 406 (EES) 365–7, 370 coordination 186–91
Economic Policy Committee foreign labour stock 123 and monetary policy 184–5
(EPC) 186 foreign worker inlows 107, 122 and regional policy 355, 361–2
Economic and Social Committee free movement 103, 114, 121 single currency (euro) 4, 150, 177,
(ESC) 50 gains from the single market 111 178, 179, 182, 429
economic statistics 70–7 health sector 299 snake 165
economic theory of the state 289–90 labour force 70, 123, 224 and Sweden 174, 176, 187, 192
482 Subject index
European Free Trade Association Exchange Rate Mechanism II (ERM isheries policy see Common Fisheries
(EFTA) 4, 6, 20, 70, 76, 129, II) 175 Policy (CFP)
133, 135, 136, 142, 393 exchange rate stability 136, 150, 166 food safety 311
European Investment Bank (EIB) 26, see also monetary integration food security 307–8
52–3, 293 exchange rate unions 148–9, 154 foreign direct investment (FDI) 73,
European Investment Fund (EIF) excise duties 234–8 107, 109, 110, 115, 116, 117–20,
53 alcohol 230, 235–6 127, 150, 388
European Monetary Cooperation cigarettes 230, 234, 235 foreign exchange reserves 52, 149,
Fund (EMCF) 165 petrol and diesel 237–8, 278 166, 168
European Monetary Fund (EMF) 165, tobacco 230, 234, 235 foreign labour stock 123
166 Exclusive Economic Zone (EEZ) 338 foreign policy 27, 28, 29, 34, 38, 293,
European Monetary Institute exports 74, 76, 107, 109–10, 231–2, 383, 387, 418, 428, 429
(EMI) 52, 168, 170, 182 322–3 foreign worker inlows 107, 122
European Monetary System see also trade four freedoms 29, 229
(EMS) 103, 149, 164–7 external action programmes 289, see also factor mobility
European monetary union see EMU 302, 387 free movement of citizens policy 103,
European Parliament (EP) 24, 28, external trade policy see trade 114, 121
45–7 externalities 215, 216, 271, 272, see also factor mobility
approval of the Commission 38, 289–90, 396–7 Free Trade Area of the Americas
45–7 (FTAA) 11
Budgetary Control Committee 47 factor mobility 1, 26, 114–25, 127, free trade areas 1, 2, 3, 25, 83, 96,
co-decision procedure 45–6 156, 157, 354 392, 402
conciliation committees 46 anti-dumping measures 119 see also economic integration
electoral procedure 24, 28, 38, 40, capital movements 97, 114–17, FSAP see Financial Services Action
41, 47 119–20 Plan
and environmental policy 44, 46 direct investment 117–19 FTAA see Free Trade Area of the
location of meetings 47 exchange controls 116 Americas
membership 38, 47, 48 labour mobility 114–16 functionalists 22, 23
party distribution 48 portfolio investments 116, 117 future of the EU 423–30
European Parliamentary Assembly and the single market 114, 116,
(EPA) 22 119, 121, 123 gas supplies 258, 259, 260, 261–7
European Political Community fairness requirements 290, 294 GATS see General Agreement on
(EPC) 24 family responsibility 58, 121, 122, Trade in Services
European Regional Development 157 Gazprom 263
Fund (ERDF) 28, 298, 356 FDI see foreign direct investment GCC see Gulf Cooperation Council
European Social Fund (ESF) 26, 28, Federal Reserve System 183, 185 GDP (gross domestic product) 72–5,
298, 356, 366 federalism 22, 427 110, 111, 140, 141, 224–5, 258,
European System of Central Banks FENIN case 200 292, 296, 328, 350–2, 353, 356
(ESCB) 52, 167, 168, 182, 183, inancial markets/services see also economic growth
184 integration 108–9, 156 General Agreement on Trade in
Eurosystem 52, 182–5, 190 capital (K) markets 148, 150, 154 Services (GATS) 395
Everything But Arms (EBA) 322, 392, Financial Services Action Plan general budget see budget
404 (FSAP) 107, 108, 115 General Court 48, 49, 59, 60, 61, 200,
evolution of the EU 26–34 inancial solidarity principle 314 201, 210, 211
excessive deicit procedure inancial targeting 349 general equilibrium models 83, 84,
(EDP) 186, 187, 192 Finland and EMU 158, 159, 170, 174, 87, 127, 137–8
exchange controls 116, 148, 168, 170, 175, 176 generalized system of preferences
171, 174, 175, 178 iscal federalism 290–3 (GSP) 26, 392, 403–5, 409
exchange rate lexibility 151, 155, iscal policy 148, 159–60, 186, 188, Giscard d’Estaing, V. 33, 164, 428, 429
157, 158 190, 302 global Mediterranean policy 407
Exchange Rate Mechanism see also taxation global warming 246, 261, 273, 280,
(ERM) 114, 165, 166, 171, 178 Fischer, J. 425, 426, 427 281–2, 396
484 Subject index
globalization 1, 112, 115, 117, 157, IGCs see intergovernmental Committee of the Regions 38, 51–2
238 conferences Council of the European Union 38,
GNP (gross national product) 52, IIT see intra-industry trade 43–5
88, 129, 137, 139–41, 152, 300, imports 74, 76, 84–5, 87, 129–32, 133, Court of Auditors 38, 49–50
307, 417 134, 231–2, 234, 319–22 Court of First Instance 49
Gonzalez, F. 430n. see also trade decision-making procedure 44,
governments see national impossible trilogy 157 45, 58
governments income elasticity of demand 131–2 European Central Bank (ECB) 38,
gravity models 136–7, 150 income taxes 52
Greece and EMU 175, 188, 189 capital income taxation 230 European Court of Justice (ECJ) 38,
Green Party 48, 260 personal income tax 229, 231, 238, 47–9
greenhouse gases 261, 277, 280–5 240, 294, 295, 365 European Economic and Social
gross domestic product see GDP see also taxation Committee (EESC) 38, 50–1
gross national product see GNP incomes European Investment Bank
Growth and Stability Pact (GSP) 74 distribution 72–3, 290, 291, 292–3 (EIB) 38
GSP see generalized system of and economic integration 109, European Parliament (EP) 38,
preferences; Growth and 139–40 45–7
Stability Pact from farming 308–9 Ombudsman 38, 50
Gulf Cooperation Council (GCC) 14, inconsistent trinity principle 157 reforms 40, 41, 53
393, 410 Indian Ocean Commission (IOC) 7, instrument for structural policies for
8, 9 pre-accession (ISPA) 418
Hague, W. 424, 429 indirect efect doctrine 64 insurance see social insurance
Hague Summit 27, 163 indirect taxes (sales taxes) 148, 229, intellectual property rights 14, 60,
Hain, P. 428 230–4, 368 383, 386, 388, 394, 395–6
Hallstein, W. 40, 312 see also taxation interest rates 75, 149, 150, 157, 169,
Hanover Summit 167 industrial policy (ICP) 214–28 171, 174, 178
harmonized index of consumer prices agglomeration 215–16, 227 Intergovernmental Authority on
(HICP) 75, 77, 184 deinitions 214 Development (IGAD) 7, 8, 9
Harvard School 198 expenditure on 217, 220, 222, 224 intergovernmental conferences
health care foreign direct investment (FDI) 73, (IGCs) 30, 38
employment 70 107, 109, 110, 115–20, 127, internal energy market 264–7
expenditure 71, 291, 299 150, 388 internal policy expenditure 298
standards 63, 103, 104, 222 horizontal policies 214, 215, 219, international reserves 52, 73, 149,
health and safety 29, 107, 370, 388 220, 221 166, 168
Helsinki Council 27 infant industries 215 intervention purchases 323–4
HICP see harmonized index of innovation 216, 217, 221, 223, 224 intra-industry trade (IIT) 138–40,
consumer prices instruments of 214 355
High Authority 26, 258 problems with 217, 220, 221, 224, IOC see Indian Ocean Commission
High Seas ishing regime 335, 338 226, 227 Ireland and EMU 32–3, 165, 176, 180,
high-tech products 104, 124, 395 research and development 216–17, 352
history of European unity 19–26 220–2 ISPA see instrument for structural
Hofmann-La Roche case 203 and social welfare policies 365–6 policies for pre-accession
Höfner & Elser v. Macroton case 200, see also manufacturing industry
205 industrial relations 365–6 Japan, trade with 13, 76, 102, 117,
home state taxation (HST) 240 infant industries 215 119, 150, 201, 225, 396
horizontal agreements 208, 209 inlation 149, 151, 152, 154, 156, 169, Jenkins, R. 164
household consumption 73 177, 178, 184 joint ventures 214
human rights 31, 58 see also consumer price index (CPI) Jospin, L. 426
inland waterways 250–1 judges 48, 49, 59, 60, 201
IGAD see Intergovernmental innovation 216, 217, 221, 223, 224 jurisdiction of the European Court of
Authority on Development 7, institutions of the EU 38–55 Justice (ECJ) 61
8, 9 Commission 38, 39–43 jurisdiction principle 230
Subject index 485
knowledge accumulation 114, 115, economic integration efects 137, iscal policy 159–60
119, 121, 122, 186, 215–17, 224 138, 353 gains and losses of
knowledge goods 395 economic statistics 138 membership 149–54
Kohl, H. 229, 424, 430n. economies of scale 140 inconsistent trinity principle 157
Korean War 24 factor mobility 117 interest rate parity condition 157
Kroes, N. 199, 205 regional policy 351, 353, 358, 362 and monetary policy 147, 149,
Kyoto Agreement 281, 282 and the single market 353 152–4, 157, 159
trade creation 139 Mundell–McKinnon–Kenen
labour force see employment see also industrial policy criteria 151, 157
labour mobility 114–16, 120–4, 155, marginal degree of preference 86 openness to mutual trade
156, 157, 308, 355 maritime transport 247, 251, 254 optimum currency areas 151,
labour standards 397–8 market failure 199, 214, 215 154–6
Laeken Summit 33, 186 market shares 138, 143, 199, 210 popular cost approach 156–9
Lamfalussy Report 108, 115 Marleasing v. La Comercial case 69n. reference currencies 149
Latin America 402, 408–9, 410 Marshall, General G. 21 and unemployment 151–6, 157,
development policy 415 Marshall Plan 21, 22, 244 160
economic integration 9–11 Marshall v. Southampton and South- Werner Report 163–4
LDCs see less-developed countries West AHA case 69n. see also EMU (European monetary
legal framework 56–68, 427–8 Martens, W. 430n. union)
and competition policy 57 Masterfoods v. HB Ice Cream monetary policy 149, 154, 157, 159,
and expectations of EU case 210–11 167, 168, 178, 179, 184–5, 189,
government 56–7 Mendès-France, O. 24 190
national courts 59, 64, 65, 66, 67 MERCOSUR 11, 393, 409, 410 Monetary Policy Committee 183
and national governments 34, 47 Merger Treaty 27 money supply data 149
public turn of EU law 207 mergers and acquisitions 116, 119– Monnet, J. 22, 23, 40
see also European Court of Justice 20, 200, 203–4 monopoly market 202, 205, 245, 246,
(ECJ) Merkel, A. 33, 429 266
legitimacy of the EU 59 Messina Conference 25, 258 Monti Report 199
less-developed countries (LDCs) 26, Michelin case 203 MRU see Mano River Union
98, 322, 327, 357, 392, 396 Middle East 257, 261, 262, 407–8 multi-annual framework programmes
life expectancy 70, 71 development policy 413, 415 (MFP) 221, 222
Lisbon Summit 223, 224–7, 362 economic integration 12, 13–14 Multiibre Arrangement 389, 405, 409
localization economies 354 migration and asylum 34, 123, 124, Mundell–McKinnon–Kenen
location patterns 98, 110, 121, 124 355, 369 criteria 151, 157
Lomé Convention 28, 39, 392, 403, military integration see defence policy mutual recognition principle 99, 103,
405, 406, 410, 416 Mita, C. de 430n. 108, 122
low-skill workers 116, 355 Mitterand, F. 103, 430n.
Lubbers, R. 430n. modelling trade efects of National Action Plans 187, 371
integration 128–36 national central banks 52, 164–6,
Maastricht Treaty see Treaty, on the analytical models 134–5 182, 183
European Union (TEU) computable general equilibrium national courts 34, 48, 57, 59, 60,
MacDougall Report 191 models 137–8 64–8, 201, 202, 208, 210
macroeconomic policies 159, 186–7, econometric models 137, 141, 142 national governments 63, 64, 104,
370 economic growth efects 141–2 105, 217
McSharry Reform 323, 324, 350 extrapolation 129, 133, 134 budget deicits 74, 148, 160, 170
Madrid summit 168 gravity models 136–7 economic theory of the
Maghreb countries 407 income efects 139–40 state 289–90
Major, J. 424 intra-industry trade 138–9 expenditure 73, 74, 147, 222, 229,
Malthus 308 residual models 129–34 238, 291, 292, 296–300
Mannheim Convention 250 monetary integration 147–81 on defence 291, 292, 293
Mano River Union (MRU) 7, 8, 9 capital (K) markets 148 on education 291, 292, 365
manufacturing industry exchange rate unions 148 on health 291, 292, 293, 299
486 Subject index
iscal federalism 290, 291 (OECD) 14, 258, 279, 324, 325, personal income tax 229, 231, 238,
Maastricht criteria 74 368, 369, 373, 402 240, 294, 295, 365
public debt 74, 160, 169, 170 Organization for European Economic petrol and diesel taxation 237–8, 280
public procurement 104, 106, 208, Cooperation (OEEC) 20, 21, PHARE 403, 415
214 22, 25 Phillips curves 151, 152, 153, 186,
social policies 364, 365, 370, 377 Organization for Petroleum Exporting 190, 378
NATO (North Atlantic Treaty Countries (OPEC) 14, 261, Pleven, R. 24
Organization) 20, 22, 24, 25, 262, 264 political cooperation procedure 27
28, 31 origin principle 232 political unions 2
natural gas supplies 259, 261–3, 265 Oscar/Bronner case 199 political unity 2, 6, 25
Naumann, F. 20 output growth 89, 109 polluter pays principle (PPP) 273, 277
negative integration 2, 102, 111 output structure 384–8 pollution taxes 276, 282–3, 397
neoclassical theory of growth 216, overseas development aid (ODA) 73, see also environmental policy
354, 361 74, 401, 410, 411, 413, 415, popular cost approach 156–9
network industries 106, 112, 224 417 population statistics 70–1
New Zealand 13, 79, 224, 225, 242n., own resources system 28, 289, 294–6, portfolio investments 116, 117
309, 423 319 Portillo, M. 424
non-discriminatory tarifs 3, 79, 81, Porto di Genova case 200
84, 87, 94, 95 Paciic Basin see Asia and the Paciic ports see maritime transport
non-tarif barriers see trade barriers Basin positive integration 2
North American economic Paciic Basin Economic Council Poucet & Pistre v. Cancava case 200
integration 11 (PBEC) 16n. poverty reduction 11, 13, 224, 402,
North Atlantic Treaty Organization Paciic Economic Cooperation 403, 411, 413–16
see NATO Conference (PECC) 16n. preferences for agricultural products
Paciic Telecommunications principle 314–15
OAPEC see Organization for Arab Conference (PTC) 16n. preferential access to markets 321–22
Petroleum Exporting Countries Paciic Trade and Development preferential trade agreements 1, 14,
OAU see Organization for African Centre (PAFTAD) 16n. 388, 391–3, 403
Unity Padoa-Schioppa Report 291 presidency of the Council of the
ODA see overseas development aid PAFTAD see Paciic Trade and European Union 4, 34, 38
OECD see Organization for Economic Development Centre pressure groups 317–18
Cooperation and Development PANEURO system 391 price stability 52, 109, 169, 183, 184,
OEEC see Organization for European Papandreou, A. 430n. 190, 370
Economic Cooperation parallelism principle 388 Prodi, R. 40, 53, 418, 427, 429
oil crises (1973–86) 3, 122, 258–9, 264, Paris Treaty 24, 198 production quotas 326–7
265, 366, 423 parliaments see European Parliament Proudhon, P.-J. 19
oil supplies 257, 259, 260, 261–2 (EP); national governments PTC see Paciic Telecommunications
Ombudsman 32, 38, 50 part-time workers 365, 373 Conference
OPEC see Organization for Petroleum partial equilibrium models 84, 87, public debt 74, 75, 160, 169, 170
Exporting Countries 104 public expenditure see national
open method of coordination 62, 187, partnership principle 360 governments
370–1 Pasquale Foglia v. Mariella Novello public procurement procedures 104,
opinions 45, 46, 61 case 69n. 106, 208, 214
optimum currency areas 151, 154–6, Patten, C. 429
176, 361 PBEC see Paciic Basin Economic QMV see qualiied majority voting
Organization for African Unity Council qualiied majority voting (QMV) 29,
(OAU) 9 PECC see Paciic Economic 38, 39, 44, 59, 103, 364, 387, 412
Organization for Arab Petroleum Cooperation Conference quota system 127, 322, 326, 389
Exporting Countries Penn, W. 19
(OAPEC) 14, 259 pensions 109, 122, 189, 226, 227, 290, RACE programme 221
Organization for Economic 305n., 375 railways 246, 249–50, 254
Cooperation and Development perfect competition 199 Raisman Committee 98
Subject index 487
structure of trade 384–8 of Nice 30, 31, 32–3, 39, 59 VAT 231, 232, 233, 234, 238, 294, 295,
terms of trade 83, 91, 126, 156, of Paris (ECSC) 24, 198 296, 350
317, 319 of Rome (EEC) 26–7, 114, 121, 167, vertical agreements 198, 207–12
with the USA 394 255, 306, 338, 348, 401 vested interest argument 349
see also modelling trade efects of of Rome (Euratom) 26, 30, 257 vetoes 31, 34, 149, 176, 248
integration on the European Union (TEU) 30, vocational training 298, 366
trade barriers 3, 103–4 31, 43, 44, 45, 56, 58, 65, 114, Vodafone case 204
anti-dumping measures 389–90 271 Volkswagen 202
and capital movements 116 on the Functioning of the European voting system 21, 30, 34, 41, 45,
non-tarif barriers 3, 26, 64, 96, 99, Union (TFEU) 4, 30, 34–5, 38, 316
102, 104–5, 106, 127, 214, 229, 39, 44, 45, 47, 53, 57, 59, 61, 62,
232, 388, 389–90, 398 63, 65, 66, 67, 98, 168, 170, 174, wages and environmental
regulatory barriers 179, 182, 200, 206, 210, 222, standards 97, 107, 151–6,
see also tarifs 223, 271, 277, 289, 294, 338, 365–6
trade creation 79, 126, 127, 130, 132, 367, 386, 388, 402, 429 Warsaw Pact 25, 28
134, 135, 136, 142 Treuhand aid 219 Washington consensus 408
and economic welfare 85 TRIPS accord 395–6 water access 271, 272
efects of economic integration 84, Turkey 4, 29, 30, 33 water quality 260, 270, 271, 272, 274,
85, 87, 98 275
and manufactured products 131 UEMOA 7, 8, 9 welfare gains 83–5, 91–2, 95, 139, 140,
trade diversion 79, 80, 126, 127, 130, unemployment 28, 71–2, 110, 122, 319, 327
134, 135, 136, 142 123, 290, 351, 352, 366 Werner Report 27, 163–4
and economic welfare 85 and inlation 151, 152, 154, 156 West European Union (WEU) 25,
efects of economic integration 84, and monetary integration 151, 152, 31
85, 87, 98 153, 154, 155, 156, 160 WEU see West European Union
and manufactured products 131 natural rate 152, 153, 169, 367, 368, withholding tax 240, 243n.
trade suppression 127 370, 378 women 41, 47, 71, 72, 368, 369,
training see education and training and social policies 366–70, 376
transport policy 27, 104, 244–56 376–8 equal treatment 58, 372
air transport 247–8, 251–2 youth 377 working conditions and working
development of 244–8 see also employment hours 370, 379–80
and enlargement 252–5 unilateral tarif reduction 79–81, 85, World Trade Organization (WTO) 1,
and environmental issues 252, 280 88, 95, 96 2–4, 13, 14, 15, 70, 76, 94, 221,
inland waterways 250–1, 254 United Kingdom 4, 6, 20–2, 24, 25, 27, 252, 306, 308, 320, 321, 353,
maritime transport 247, 251, 254 72–4, 102–3, 119–20, 135, 165, 383, 384, 388, 390, 391, 395,
quota system 247 192, 224, 226, 300, 424, 425 397, 398, 401, 402
railways 246, 249–50 and EMU 165, 168, 169, 170, 174, Article XXIV 2–4, 15, 83, 85, 94, 95,
road transport 245, 246, 247, 249, 176–9 306, 390, 402
254 United States trade 11, 20–2, 119, 159, Doha Round 317, 330, 384, 395,
Trans-Regional EU–ASEAN Trade 160, 170, 197, 198, 394 396, 398, 406, 410
Initiative 408 urban problems 351–3 Enabling Clause 404, 406
Treaty utilities 204, 205, 208 WTO see World Trade Organization
of Lisbon see Treaty, on the
Functioning of the European Van Gend en Loos v. Nederlandse Yaoundé Conventions 392, 405,
Union (TFEU) Administratie der Belastingen 410
of Maastricht see Treaty, on the case 69n.
European Union (TEU) variable levies 314, 319–20 Zanussi case 202