UNCLASSIFIED 14698/13 COM (2013) 709 final 14605/13 COM (2013) 708 final EXPLANATORY MEMORANDUM ON EUROPEAN UNION DOCUMENT PROPOSAL FOR A COUNCIL ASSISTANCE FOR ROMANIA DECISION GRANTING MUTUAL PROPOSAL FOR A COUNCIL DECISION PROVIDING PRECAUTIONARY EU MEDIUM-TERM ASSISTANCE TO ROMANIA October 2013 Submitted by HM Treasury SUBJECT MATTER 1. This Commission document recommends granting mutual assistance and providing precautionary EU medium-term financial assistance to Romania. 2. The EU can provide mutual assistance to non-euro area Member States when a Member State is threatened with difficulties as regards its balance of payments. Balance of Payments assistance in the form of medium-term financial assistance is designed to ease a country’s external financing constraints. 3. Romania requested a new EU medium-term financial assistance programme in July, jointly with an IMF stand-by arrangement, following the end of their second programme in June 2013. 4. Romania’s second programme was also a joint EU-IMF precautionary programme and no funds were disbursed either by the EU or the IMF. The government implemented substantial reforms since 2009 with the support of its two programmes and large corrected its external and internal economic imbalances and improved its economic and financial stability. 5. Romania does not face an imminent financing gap and is expected to maintain full access to sovereign debt markets. However the economy remains vulnerable to exchange rate volatility, reversal of international capital flows and deteriorating economic conditions. In such a scenario, marked by liquidity constraints, Romania’s financing costs could increase UNCLASSIFIED UNCLASSIFIED abruptly. In addition, adverse developments in the euro area could cause renewed pressure on the banking sector. 6. In light of the vulnerabilities and risks to its balance of payments the Commission recommends providing Romania a precautionary mediumterm financial assistance of £1.672 billion conditional on the Romanian authorities’ commitment to implement fiscal, financial and structural reforms. 7. The Commission and the IMF negotiated the modalities and contents with the Romanian authorities in July and reached a staff-level agreement. While under present market conditions Romania does not intend to draw down the loan, the precautionary assistance can be expected to help consolidate macroeconomic, budgetary and financial stability and, through the pursuit of structural reforms, increase the resilience and the growth potential of the Romanian economy. It will also carry over the unfulfilled conditions from the second programme. 8. The main contents of a new programme would be as follows: a. Fiscal consolidation: Romania has successfully corrected its excessive deficit, reducing its budget deficit from 9% of GDP in 2009 to just below 3% in 2012. A new programme would support further consolidation efforts aimed at reaching the medium term objective of a structural budget deficit of 1% of GDP by 2015 and maintain it thereafter, in line with the Stability and Growth Pact requirements. b. Fiscal governance and structural fiscal reforms: The IMF and the World Bank will provide extensive technical assistance to the government for public financial management and control. c. Public debt management: The authorities will improve public debt management in order to reducing funding costs and increase the average maturity of public debt. d. Financial sector regulation and supervision: The authorities will continue improving the bank resolution framework and the legislation on the Deposit Guarantee Fund. The authorities will take steps to further develop the capital markets, refrain from adopting or promoting legislation that undermines credit discipline and amend legislation to strengthen non-bank financial sector supervision. e. Structural reforms: The government’s structural reform agenda aims to improve market functioning, increase resilience to external shocks and increase Romania’s long-run growth potential. The government will step up the restructuring of state-owned enterprises, improve the business environment, facilitate access to finance for small and medium-sized enterprises and complete pension reforms by equalising the pensionable age of men and women. MINISTERIAL RESPONSIBILITY UNCLASSIFIED UNCLASSIFIED 9. The Chancellor of the Exchequer has responsibility for United Kingdom policy on European Union monetary and economic issues. The Foreign and Commonwealth Secretary is responsible for overall United Kingdom policy towards the European Union. INTEREST OF DEVOLVED ADMINISTRATIONS 10. Policy towards the Economic and Monetary Union is a reserved matter under the UK's devolution settlements and no devolved administration interests arise. The devolved administrations have therefore not been consulted in the preparation of this EM. LEGAL AND PROCEDURAL ISSUES i. Legal basis 11. The Recommendation for a Council Decision for granting mutual assistance for Romania is based on Article 143 of the TFEU and the proposal for a Council Decision providing precautionary EU medium-term financial assistance to Romania is based on Council Regulation (EC) No. 332/2002 and in particular Article 3(2). ii. Legislative procedure 12. Council Decision on the basis of a proposal from the European Commission after consulting the Economic and Financial Committee. iii. Voting procedure 13. Qualified majority of Member States. iv. Impact on United Kingdom Law 14. None v. Application to Gibraltar 15. Not applicable. vi. Analysis of Fundamental Rights Compliance 16. No issues arise. APPLICATION TO THE EUROPEAN ECONOMIC AREA UNCLASSIFIED UNCLASSIFIED 17. No issues arise. SUBSIDIARITY 18. The proposal falls under the exclusive competence of the Union. The subsidiarity principle therefore does not apply. POLICY IMPLICATIONS 19. This Decision is addressed to Romania and has no direct policy implications for the UK beyond those outlined in the Financial Implications section. 20. The Government believes that it is in the UK’s interest that Romania’s economy is stable and supports the steps taken to achieve this. REGULATORY IMPACT ASSESSMENT 21. Not applicable. FINANCIAL IMPLICATIONS 22. The Council Decision could have financial implications for the UK.A credit line will be made available to Romania, albeit one which they do not intend to draw down as they face no imminent threat to their balance of payments. 23. If the credit line remains unused there would be no UK exposure. 24. If Romania requested to draw down the loan, the Commission would raise money on international capital markets, using the EU budget as a guarantee. This would create a contingent liability for the UK. 25. Only in the event that Romania were to default on loan repayments would the EU budget be called on to meet the cost of that repayment. This would require an increase in the budget, and in turn, an increase in Member States’ contributions to the EU budget. Any increase to the UK’s contribution would be within the limits of the EU Own Resources ceiling already approved by Parliament through the European Communities (Finance) Act 2008. CONSULTATION 26. Not applicable. UNCLASSIFIED UNCLASSIFIED TIMETABLE 27. The Commission is aiming to put forward the Recommendation for a vote at the General Affairs Council on 22 October. NICKY MORGAN MP ECONOMIC SECRETARY HM TREASURY UNCLASSIFIED