Legal provisions of COM(2023)337 - Amendment of Regulation (EU, Euratom) 2020/2093 laying down the multiannual financial framework for the years 2021 to 2027

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dossier COM(2023)337 - Amendment of Regulation (EU, Euratom) 2020/2093 laying down the multiannual financial framework for the years 2021 to 2027.
document COM(2023)337 EN
date February 29, 2024


Article 1

Regulation (EU, Euratom) 2020/2093 is amended as follows:

(1)Article 2 is amended as follows:

(a)in paragraph 2, the first subparagraph is replaced by the following:

‘2.   Where it is necessary to use the resources from the special instruments provided for in Articles 8, 9, 10, 10a, 10b and 12, commitment and corresponding payment appropriations shall be entered in the budget over and above the relevant MFF ceilings.’

;

(b)in paragraph 3, the following subparagraph is added:

‘Where it is necessary to mobilise a guarantee for financial assistance to Ukraine which is available for the years 2024 to 2027 for an overall amount of loans of up to EUR 33 000 million in current prices as specified in Regulation (EU) 2024/792 of the European Parliament and of the Council (*1) and authorised in accordance with Article 220(1) of the Financial Regulation, the necessary amount shall be mobilised over and above the MFF ceilings.

(*1)  Regulation (EU) 2024/792 of the European Parliament and of the Council of 29 February 2024 on establishing the Ukraine Facility (OJ L, 2024/792, 29.2.2024, ELI: http://data.europa.eu/eli/reg/2024/792/oj).’;"

(2)in Article 4(1), the following points are added:

‘(f)a calculation of the amount available for the EURI Instrument in accordance with Article 10a(3), point (a);

(g)a calculation of the amounts to be made available to the Flexibility Instrument under Article 12(1), second subparagraph.’;

(3)in Article 5(1), the second subparagraph is replaced by the following:

‘The total amount of additional allocations for the period 2022 to 2027 for commitment and payment appropriations respectively shall be EUR 10 155 million (in 2018 prices). For each of the years from 2022 to 2026, the annual amount of additional allocations for commitment and payment appropriations respectively shall be at least EUR 1 500 million (in 2018 prices) and shall not exceed EUR 2 000 million (in 2018 prices).’;

(4)Articles 8 and 9 are replaced by the following:

‘Article 8

European Globalisation Adjustment Fund

1. The European Globalisation Adjustment Fund, the objectives and scope of which are set out in Regulation (EU) 2021/691 of the European Parliament and of the Council (*2), shall not exceed a maximum annual amount of EUR 30 million (in 2018 prices).

2. The appropriations for the European Globalisation Adjustment Fund shall be entered in the general budget of the Union as a provision.

Article 9

Solidarity and Emergency Aid Reserve

1. The Solidarity and Emergency Aid Reserve shall be constituted of two instruments which may be used to finance, respectively:

(a)assistance to respond to emergency situations resulting from major disasters that are covered by the European Union Solidarity Fund, the objectives and scope of which are set out in Council Regulation (EC) No 2012/2002 (*3) (the “European Solidarity Reserve”); and

(b)rapid responses to specific emergency needs within the Union or in third countries following events which could not be foreseen when the budget was established, in particular for emergency responses and support operations following natural disasters not covered by point (a), man-made disasters, humanitarian crises in cases of large-scale public health, veterinary or phytosanitary threats, as well as in situations of particular pressure at the Union’s external borders resulting from migratory flows, where circumstances so require (the “Emergency Aid Reserve”).

2. The European Solidarity Reserve shall not exceed a maximum annual amount of EUR 1 016 million (in 2018 prices). Any portion of the annual amount not used in year n may be used up to year n+1. The portion of the annual amount stemming from the previous year shall be drawn on first. Any portion of the annual amount from year n which is not used in year n+1 shall lapse.

On 1 October of each year, at least one quarter of the annual amount of the European Solidarity Reserve shall remain available in order to cover needs arising until the end of that year.

In exceptional cases and if the remaining financial resources available are not sufficient to cover the amounts considered necessary in the year of occurrence of a disaster as referred to in point (a) of paragraph 1, the Commission may propose that the difference be financed through the annual amount referred to in the first subparagraph of this paragraph available in the following year, up to a maximum amount of EUR 400 million (in 2018 prices).

3. The Emergency Aid Reserve shall not exceed a maximum annual amount of EUR 508 million (in 2018 prices). Any portion of the annual amount not used in year n may be used up to year n+1. The portion of the annual amount stemming from the previous year shall be drawn on first. Any portion of the annual amount from year n which is not used in year n+1 shall lapse.

4. The appropriations for the European Solidarity Reserve and for the Emergency Aid Reserve shall be entered in the general budget of the Union as provisions.

(*2)  Regulation (EU) 2021/691 of the European Parliament and of the Council of 28 April 2021 on the European Globalisation Adjustment Fund for Displaced Workers (EGF) and repealing Regulation (EU) No 1309/2013 (OJ L 153, 3.5.2021, p. 48)."

(*3)  Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (OJ L 311, 14.11.2002, p. 3).’;"

(5)in Article 10, paragraph 2 is replaced by the following:

‘2.   The Brexit Adjustment Reserve shall not exceed an amount of EUR 4 491 million (in 2018 prices).’

;

(6)the following articles are inserted:

‘Article 10a

EURI Instrument

1. As of 2025, the EURI Instrument may be used to finance, for a given year, part of the costs of the interest and coupon payments due in respect of the funds borrowed on the capital markets in accordance with Article 5(2) of Council Decision (EU, Euratom) 2020/2053 (*4). The EURI Instrument may only be mobilised in a given year to cover, to the extent specified in the following paragraphs, the amount of these costs that exceed the following amounts (in 2018 prices):

—2025 – EUR 2 332 million,

—2026 – EUR 3 196 million,

—2027 – EUR 4 168 million.

2. The EURI Instrument may be mobilised by the European Parliament and the Council in the framework of the budgetary procedure provided for in Article 314 TFEU, only after having sought other means of financing, with a view to covering a substantial part of the amounts exceeding the amounts referred to in paragraph 1 of this Article, in accordance with the applicable sectoral rules and other legal obligations, while taking into account priorities, prudent budgeting and sound financial management.

Appropriations for the EURI Instrument shall be made available over and above the MFF ceilings.

3. The EURI Instrument shall comprise the following:

(a)an amount equivalent to decommitments of appropriations, other than external assigned revenue, made cumulatively since 2021, which were not mobilised under this instrument in the previous years, with the exclusion of the amounts of decommitments made available again in accordance with the provisions of Article 15 of the Financial Regulation and specific rules on making appropriations available again as referred to in the relevant basic acts. This amount shall be drawn on first;

(b)only if the amount under point (a) of this paragraph is insufficient, an additional amount necessary to fully finance the costs referred to in paragraph 1 in the year concerned.

Each year, as part of the technical adjustments referred to in Article 4, the Commission shall calculate the amount available on the basis of the first subparagraph, point (a), of this paragraph taking into account the amounts considered for that purpose in the previous years.

Article 10b

Ukraine Reserve

1. The Ukraine Reserve may be mobilised for the sole purpose of financing expenditure under Regulation (EU) 2024/792.

2. The Ukraine Reserve shall not exceed an amount of EUR 17 000 million in current prices for the period 2024 to 2027.

3. The annual amount mobilised under the Ukraine Reserve in a given year shall not exceed EUR 5 000 million in current prices. Without prejudice to the overall amount set out in paragraph 2, the unused portion of the annual amount in a given year may be used in the following years, until 2027.

4. The Ukraine Reserve may be mobilised by the European Parliament and the Council in the framework of the budgetary procedure provided for in Article 314 TFEU.

(*4)  Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union and repealing Decision 2014/335/EU, Euratom (OJ L 424, 15.12.2020, p. 1).’;"

(7)in Article 11, the following paragraph is inserted:

‘3a.   The maximum amount for the annual adjustment referred to in paragraph 3 of this Article for the year 2026, increased by the amount referred to in the second subparagraph of Article 5(2), shall be adjusted by the amount equivalent to the unused portion of the maximum amount for year 2025.’

;

(8)Article 12 is replaced by the following:

‘Article 12

Flexibility Instrument

1. The Flexibility Instrument may be used for the financing, for a given financial year, of specific unforeseen expenditure in commitment appropriations and corresponding payment appropriations that cannot be financed within the limits of the ceilings available for one or more other headings. The ceiling for the annual amount available for the Flexibility Instrument in the years 2021 to 2023 shall be EUR 915 million (in 2018 prices). The ceiling for the annual amount available for the Flexibility Instrument in the years 2024 to 2027 shall be EUR 1 346 million (in 2018 prices).

Each year, the annual amount available for the Flexibility Instrument shall be increased by an amount equivalent to the portions of the annual amounts for the European Solidarity Reserve and the Emergency Aid Reserve which have lapsed in the previous year in accordance with Article 9.

2. The unused portion of the annual amount of the Flexibility Instrument may be used up to year n+2. Any portion of the annual amount stemming from previous years shall be used first, in order of age. Any portion of the annual amount from year n which is not used by year n+2 shall lapse.’

;

(9)Annexes I and II are replaced by the text set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2024.

This Regulation shall be binding in its entirety and directly applicable in all Member States.