The presidents of the outermost regions (ORs) are calling for the full application of Article 349 of the Treaty on the Functioning of the European Union (TFEU) – which grants them exemption status – in a “joint memorandum on the outermost regions” examined by EUROPE on Thursday 6 April.
This memorandum was submitted to the European Commission at the end of the 4th forum for the outermost regions held on 30 and 31 March (see EUROPE 11759). The memorandum is nothing new and the first of this kind goes back to 1999.
In his reply to EUROPE, Younous Omarjee MEP (GUE/NGL, France) expressed her annoyance and said that, “This is at least the fourth memorandum in which the same thing is being continually requested”. He said that he hoped that concrete decisions would be taken under this Commission on the basis of this document (as well as others) submitted by the presidents of the ORs.
Omarjee welcomed their proposals, which converge with those he himself put forward in his report for the implementation of Article 349 (introduction is planned for the regional development committee at the end of April). On this basis, he is hoping that this paper will be a source of inspiration in the context of the negotiations on the future of cohesion policy. He subsequently pointed out, with a certain degree of concern, that this was, in fact, a non-binding text.
Substance of memorandum. The signatories of the memorandum are, above all, calling for the full application of the “Mayotte” decision made by the European Court of Justice on 15 December 2015. This is a key decision clarifying the conditions and material scope of Article 349 on the treaty on the FEU applicable to the EU's outermost regions. On this basis and following on from Omarjee, the presidents of the ORs are calling for a horizontal application of this article in all European policies.
This, however, it is not the only demand, far from it. The memorandum is 116 pages long (without annexes) and consists of a very long series of proposals. It highlights the notion of “Habitable zone”, namely, the right balance between the principle of assimilation under European law (European law comprehensively applying to the ORs as on the European mainland) and the “Blind spot” (exemption from European law). They are therefore proposing a “special and differentiated” treatment for developing and less advanced countries.
In addition to the application of Article 349, the Presidents are also proposing: an increase in the additional allocation of compensation for surcharges incurred within the European Regional Development Fund (ERDF); - the creation of a new allowance under the European Social Fund, which will be named the ESF OR; - the adaptation of the thematic concentration targets to the specific OR situation; including the ORs in the Freedom, Security and Justice Area; - compatibility of structural and investment funds with state aid; - flexible access to third countries’ internal markets; - setting up a concertation body between the European Commission and the ORs, which will seek to identify sensitive economic sectors and activate, if needs be, safeguard or compensation clauses.
The Presidents are calling for a pragmatic approach for all policies (transport with TEN-T, research and innovation with the 'Horizon 2020' programme, digital, renewable energies and maritime policy).
The ORs see major opportunities in the future, as outlined by the Commissioner for Regional Policy, Corina Cretu, and the “blue economy” or the maritime economy the “green” economy and also the “white” economy or that relating to the health sector. (Original version in French by Pascal Hansens)