Issue link: https://maltatoday.uberflip.com/i/380554
maltatoday, SUNDAY, 14 SEPTEMBER 2014 13 and habitats directives, with a view to merging them into a single piece of legislation. So it's more a case of bringing them up to date… it's not really a revision of the very delicate balance established in the Birds Di- rective." Juncker, he adds, is also respond- ing to a very real legal problem. "The Birds Directive has not been amend- ed in 35 years, but it has been sup- plemented by case law. For instance: the directive states that a balance has to be achieved between conservation and traditions such as hunting. It says that in the opening paragraph. But it doesn't go into detail about how this balance is to be achieved. The Euro- pean court of justice, however, did go into the details, and did develop a number of notions, including the no- tion of 'reasonable alternative'. Let's not forget that the Commission is the executive arm of the EU: Vella's first task is technocratic in nature. If there is a piece of legislation that is not reflecting its actual implemen- tation, because it has been supple- mented by more than 40 instances of case law… let's try to review that, and put it in a text of law as it should be. If there is complementarity between the birds and habitats directive – as is evidently the case – let's consider integrating them and reinforcing both laws. So it's not necessarily about affording the opportunities to either environmentalists or hunters to tip the balance." Yet if Vella is going to be politically consistent, he should also be expect- ed to try and tip the balance in favour of hunters. That is after all what his government has done, and there is 'collegiality' at Cabinet level as well. It's called 'collective responsibility' in the local context. In theory, Vella is in part responsible for all the ac- tions of his government... that is part of the baggage he brings with him to the Commission. "That would go against his oath of office as Commissioner. In fact, your assumption bypasses all the safe- guards…" Speaking of which, Agius reminds me that there are other safeguards we haven't considered yet. "The most important are Juncker's own politi- cal guidelines. He has made it clear to the EP, and also to the individual Commissioners, that this Commis- sion is responding to a political con- tract, laid down in a document called 'A New Start For Europe'. After de- tailed discussions with the political groups of the EP, and the input of the MEPs themselves, Juncker laid down an agenda for Europe. This is reflected in Vella's portfolio, and the portfolios assigned to all the other CDs. On immigration, for instance, it is written black on white what is expected of the Commission in the next five years…" At the same time, however, the agenda itself is open to question. There doesn't seem to be anything about the environment anywhere in Juncker's 10 proposals. How, then, can this document be considered a safeguard when it comes to a portfo- lio that relegates the environment to a secondary position alongside fish- eries and maritime affairs? "No, it doesn't go into detail on the environment. I think it's much more a case that, as recognised by Juncker in his letter to Karmenu Vella, the EU has already achieved a high level of protection for the environment, and hence there are a lot of areas that are already being tacked in a very systematic way. In fact, it's worth pointing out that on the environ- ment alone, Vella would be in charge of monitoring the implementation of 200 sectoral laws: covering air qual- ity, water quality, toxic substances, Natura 2000, you name it…" Meanwhile there is also a fourth safeguard: the role of the Commis- sion's vice-presidents, which has been greatly revised in recent years. But how will this have any bearing on the Vella hearing? "It will have an effect because Vella is part of the Alenka Bratušek team" – Bratušek is the former prime min- ister of Slovenia, now earmarked as Commission vice-president for Energy Union – "which is explicitly tasked with co-ordinating the work of all the commissioners touching on those areas with relevance to energy union, including the environment. We will have to wait and see: the conference of presidents has not yet established the timeline or order of the hearings – but Bratusek's hearing will have to include the ENVI com- mittee. This makes these hearings a bit more complex than usual, but it also adds to the element of safe- guards I mentioned earlier." One last question concerns the portfolio Vella will actually get if ap- proved. He has been nominated for environment, fisheries and maritime affairs, yes… but experience (not least Joe Borg, who was originally nominated for the development portfolio) suggests that he might get something quite different in the end. Some observers have even suggested that Vella is being set up to take a fall… that he will be approved by the parliament, but for a more modest portfolio. How realistic is that sce- nario in Agius' opinion? "I cannot comment on whether this will happen or not. What I can tell you is how the procedure works. Certainly one of the prerogatives of MEPs is to say: 'we approve this commissioner, we think he or she is suited to be part of the college, but we recommend changes in the port- folio'. Linking this to earlier specu- lation is, I think, inappropriate. But this is a prerogative of MEPs which has been exercised in the past. It is part of their options in the rules of procedure, and I would not be sur- prised if they do exercise that power with some of these portfolios. But I wouldn't stretch it as far as to sug- gest that there is some kind of 'plan' or 'conspiracy theory' with regard to Karmenu Vella's portfolio, no…" Interview It's barbecue time at the European Parliament, with Malta's commissioner-designate Karmenu Vella on the menu for a grilling by MEPs. EP head of representation PETER AGIUS outlines the rules of engagement for the hearing from the Vella 'grilling' PHOTOGRAPHY BY RAY ATTARD