Explanatory Memorandum to COM(2024)650 -

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dossier COM(2024)650 - .
source COM(2024)650
date 10-10-2024


1. Introduction

The purpose of Draft Amending Budget (DAB) No 5 for the year 2024 is to update both the expenditure and revenue side of the budget.

The proposed changes on the expenditure side of the budget concern the following elements:

1. An increase of the level of payment appropriations for the European Regional Development Fund (ERDF) for a total amount of EUR 2,9 billion, including in relation to the reprogramming related to the Strategic Technologies for Europe Platform (STEP). These amounts could not be included in the redeployments proposed in the ‘Global transfer’ (DEC 11/2024) submitted to Parliament and Council on 3 October 2024;

2. An update of the needs for the Sustainable Fisheries Partnership Agreements (SFPAs), taking into account that several agreements and the related protocols will not be concluded in 2024;

3. An increase of appropriations, linked to the most recent estimates for the update of remuneration, as follows:

1.

Heading 7


- An increase for the level of the administrative expenditure for the Committee of the Regions by EUR 1,3 million;

- An increase for the pensions of all institutions by EUR 67,2 million, also due to a higher number of pension beneficiaries;

- For the Commission and the other Institutions, the impact of the higher than expected update of remuneration will be covered by internal redeployments;

2.

Outside Heading 7


- An increase of the EU contribution to several decentralised agencies by EUR 12,1 million. Other additional needs will be covered by mobilising remaining appropriations and built-in flexibilities.

4. An adjustment of the EU contribution to several decentralised agencies linked to implementation or other specific reasons, as follows:

- An increase of the EU contribution to the European Union Agency for Law Enforcement Training (CEPOL) by EUR 1 million in commitment appropriations to reinforce its cybersecurity, offset against a reduction of the Internal Security Fund (ISF);

- An increase of the EU contribution to the European Union Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (eu-LISA) by EUR 17 million in commitment appropriations. Following lower than planned implementaiton, this can be offset by a reduction of the EU contribution to the European Union Agency for Asylum (EUAA).

- A decrease of the commitment appropriations allocated to the Anti-Money Laundering Authority (AMLA) due to the revised needs for the appropriations in the first year of its set-up, following delays in the recruitments.

- A return of EUR 2,8 million in commitment and payment appropriations to the LIFE programme. Given the delays in the adoption of the Zero Pollution Package, the European Chemicals Agency (ECHA) and the European Environment Agency (EEA) will not need the corresponding appropriations.

5. The introduction of machine translation has led to significant savings in some operations of the Publication Office, which allow the reduction of the level of commitment appropriations of the relevant budget line.

6. An adjustment of the budgetary nomenclature both on the expenditure and revenue side and remarks following the adoption of the proposal for the Ukraine Loan Cooperation Mechanism (ULCM)8.


Overall, the net impact of this DAB on expenditure amounts to an increase of EUR 44,5 million in commitment appropriations and of EUR 2 954,8 million in payment appropriations.

On the revenue side, this DAB incorporates EUR 2 815 million of definitive fines and penalty payments paid until 30 September 2024. As a result, the overall impact on the revenue side is a net increase in the GNI contributions of EUR 139,9 million.

2. Update of expenditure items

2.1 Increased needs in payment appropriations

The ‘Global transfer’ is an annual exercise organised within the Commission for which all Directorates Generals and Services are requested to review by early September their respective payment implementation of the current budget until the end of the year concerned. This exercise aims to cover exact needs and ensure maximum implementation of the budget in payment appropriations at the end of the year by matching additional needs with expected under-implementation. An ad hoc request for transfer in accordance with Article 31 of the Financial Regulation is annually submitted to the European Parliament and to the Council as a result.

The ‘Global transfer’ exercise showed that the remaining voted budget and the available assigned revenues will not be sufficient to cover estimated payment needs until the end of the year for the European Regional Development Fund (ERDF), notably including in relation to the implementation of the Strategic Technologies for Europe Platform (STEP). Therefore, the Commission proposes to reinforce the ERDF programmes as follows:

- 2021-2027 programmes

In accordance with the STEP Regulation9, which entered into force in March 2024, Member States have requested amendments to their cohesion programmes to incorporate STEP priorities, benefiting from exceptional pre-financing of 30 % of the allocation to STEP priorities, amounting to EUR 1,4 billion. The payment of this pre-financing is a legal obligation that was not accounted for during the adoption of the 2024 budget, as the MFF mid-term revision had not been agreed on yet. Otherwise, the July forecasts from Member States confirm that the 2024 budget will be fully executed.

- Completion of previous programmes and activities

The STEP Regulation also introduced the option for voluntary 100 % co-financing for expenditure declared in payment applications submitted during the accounting year running from 1 July 2023 to 30 June 2024. Moreover, it includes a 1 % cap on interim payments in 2025, which has been an incentive for Member States to submit their payment applications earlier in 2024. The combination of these two factors has significantly accelerated the submission of payment applications. In line with the July forecasts, this will result in additional payment needs of EUR 1,5 billion for 2024.

The detailed increase in payment appropriations requested in this DAB 5/2024 is set out below:

EUR
Budget lineNameCommitment appropriationsPayment appropriations
05 02 01ERDF — Operational expenditure01 400 000 000
05 02 99 01Completion of the ERDF — Operational expenditure (prior to 2021)01 500 000 000
Total02 900 000 000

2.2 Sustainable Fisheries Partnership Agreements (SFPAs)

The Commission negotiates, concludes and implements bilateral Sustainable Fisheries Partnership Agreements (SFPAs) between the European Union and partner third countries. As several of them were still subject to negotiations when the budget 2024 was established, an amount of EUR 49,9 million in commitment appropriations and EUR 25,8 million in payment appropriations remains available in the form of reserves to cover for the agreements and protocols with regard to fisheries between the Union and the governments of specific partner third countries that are not yet adopted, in line with Article 49 of the Financial Regulation and with point 20 of the Inter-Institutional Agreement of 16 December 202010.

Considering the status of the negotiations on the future protocols:

- Negotiations with São Tomé will start on 1 October 2024 while negotiations with Cook Island are expected to start during the 4th quarter of 2024. However, the signature of the new protocols is not expected until the first quarter of 2025;
- Negotiations with Côte d’Ivoire are concluded. The new protocol is expected to be signed during the first quarter of 2025, once the internal procedures are concluded.

Regarding remaining appropriations in reserve, none of the protocols with Angola, Guinea, Liberia, Morocco and Senegal will be concluded this year:

- For Morrocco, the judgment of the Court of Justice in joined cases C-778/21 P Commission v Front Polisario and C-798/21 P Council v Front Polisario on 4 October 2024 has impacted the negotiations schedule;
- For Angola, Guinea, Liberia and Senegal, Council Decisions on opening of negotiations for a new protocol have not yet been adopted.

The Commission therefore proposes to cancel the amount that will be not needed in 2024. This corresponds to EUR 32,9 million in commitment appropriations and EUR 25,8 million in payment appropriations, as follows:

EUR
Budget lineNameCommitment appropriationsPayment appropriations
30 02 02Differentiated appropriations (Reserve for budget article 08 05 01)- 32 857 566
- 25 750 000
Total- 32 857 566
- 25 750 000

2.3 Adjustments linked to higher salary adjustment for 2024

2.3.1 European Public Administration (Heading 7)

In this DAB 5/2024, the Commission proposes adjustments to the heading 7 “European Public Administration” in relation to the impact of the increased salary adjustment on administrative expenditure. A total update of +7,2 %11 in 2024 is now forecasted, leading to a residual update of +4,1%, on top of the first update of +3,0% from 1 January, while budget 2024 was built on the assumption of an update of +3,4 % to be applied retroactively as from 1 July 2024. Moreover, an adjustment is needed for a higher number of new pension beneficiaries in comparison with the estimates when the 2024 budget was established.

Administrative expenditure of the Institutions

Since the entry into force of the revised Staff Regulations12 in 2014, the level of the salary and pensions update for the staff of all EU institutions and agencies is based on a non-discretionary methodology comprising two elements. The first element is the net evolution of the purchasing power of national civil servants from a basket of 10 Member States13, representing at least 75% of the EU GDP. This constitutes the Global Specific Indicator (GSI). The second element – the Joint Index (JI) – takes account of inflation in Brussels and Luxembourg. The automaticity of the salary update method ensures the system reflects both the events in the real economy and decisions by Member States as confirmed by Eurostat in agreement with national statistical institutes.

In the 2024 budget, the forecasted annual salary update rate to be applied retroactively as from 1 July 2024 was 3,4 % (6 months impact). This rate was calculated by the Commission services in November 2023, based on the estimated evolution of the purchasing power and cost of living for the reference period (1.7.2023 - 30.6.2024), according to the method prescribed in the Staff Regulations.

The latest estimate available on the evolution of the purchasing power in the Member States of the sample shows a 3,2 % increase, while the joint Belgium and Luxembourg index (JBLI) for the relevant period (+5,1 %) is significantly higher than originally forecasted. The total salary update to be applied in 2024 is therefore to reach +7,2 %14. Subsequent to the intermediate update of 3,0 %, a residual salary update of 4,1 %15 will be applied as of 1 July 2024. An update rate of 1,2 % is deferred to 1 April 2025, in line with the provisions of the ‘moderation clause’ in accordance with Article 10 of Annex XI of the Staff Regulations.

In line with the provisions set out in Annex XI of the Staff Regulations, the Eurostat report will be issued on 31 October 2024 and will set out the adjustment of the nominal net remuneration of EU officials in Brussels and Luxembourg with effect from July 2024, with the aim to maintain a parallel development of purchasing power with the civil servants in the Member States.

Based on the Eurostat report, the Commission report16 to the Council and the European Parliament will then be adopted in November. As this would be too late to formally propose an amending budget after the update rate is finalised, it is appropriate to review the situation in light of the latest forecasts available. Therefore, in accordance with the budgetary principles of sound financial management and budgetary accuracy, a proposal to increase the budgetary appropriations related to salaries and pensions is justified.

The Commission has made every effort to contain its administrative expenditure by maintaining a strict stable staffing policy and by applying substantial reductions in non-salary related expenditure, such as for meetings and committees, to the fullest extent possible. Similarly, the other institutions have made all possible efforts to cover additional needs by redeployment of existing resources and by postponing non-obligatory investments.

Every effort has been made by the Institutions to cover the additional needs for salary expenditure by redeployment. Only the Committee of the Regions is unable to meet these needs internally and is therefore requesting a reinforcement on the salary lines. Nonetheless, it is necessary to reinforce the administrative expenditure for pensions, for which in addition to the higher pension update rate, the actual number of pensioners is higher than expected.

Pensions

With respect to pension expenditure, the projection of the needs until end 2024 shows a deficit of EUR 71 million, due to several elements that lead to an increase in the forecasted pension expenditure for 2024:

- A higher increase of pension beneficiaries (+ 165) during the course of 2024 in comparison with the assumptions used in the 2024 budget (+ EUR 14,7 million).
- The impact of the change in the annual adjustment for pensions described above, including the additional needs for 6 months due to the intermediate pension update of 3,0 % as of 1 January 2024 (EUR 58,1 million).

At the same time, a surplus of about EUR 2 million is projected for the budget lines for pension expenditure of former Members of the Institutions.

The above elements lead to an overall deficit of EUR 71 million for pension expenditure. It is proposed to redeploy EUR 3,8 million from other budget lines in the Commission’s budget section on which some surpluses were identified. Overall, this would allow bringing the net request for reinforcement down to EUR 67,2 million.

Overall and detailed impact by Sections

Overall, the proposal is to increase the non-differentiated expenditure of heading 7 (European Public Administration) by EUR 68,5 million for 2024. It corresponds to an increase of EUR 1,3 million for the administrative expenditure of the Committee of the Regions and EUR 67,2 million for pensions of all institutions.

The overall impact on expenditure is as follows:

Amounts in EUR
Budget 2024 (incl. ABs 1-2/2024 and DABs 2-4/2024)Draft Amending Budget 5/2024Budget 2024
Pensions and European Schools2 812 624 76267 200 0002 879 824 762
Pensions2 565 464 00067 200 0002 632 664 000
European Schools247 160 762247 160 762
Administrative expenditure of the institutions9 175 375 8411 300 0009 176 675 841
Commission4 221 841 2254 221 841 225
Other institutions4 953 534 6161 300 0004 954 834 616
European Parliament2 382 263 5742 382 263 574
Council676 881 123676 881 123
Court of Justice of the European Union503 782 531503 782 531
Court of Auditors185 655 890185 655 890
European Economic and Social Committee164 945 524164 945 524
Committee of the Regions121 878 3451 300 000123 178 345
European Ombudsman13 667 46613 667 466
European Data Protection Supervisor24 329 46024 329 460
European External Action Service880 130 703880 130 703
Total11 988 000 60368 500 00012 056 500 603

The detailed impact by Sections is as follows:

Section III – European Commission
Amounts in EUR
Budget lineNameCommitment appropriationsPayment appropriations
21 01 01Pensions and allowances67 200 00067 200 000
Total67 200 00067 200 000

Section –VII European Committee of the Regions
Amounts in EUR
Budget lineNameCommitment appropriationsPayment appropriations
1200Remuneration and allowances1 300 0001 300 000
Total1 300 0001 300 000


As no margin is available under heading 7, it is unavoidable to make recourse to the Single Margin Instrument under heading 7 for an additional amount of EUR 68,5 million, leading to the use of the Single Margin Instrument Article 11(1)(a) for an amount of EUR 283,5 million in 2024 in order to comply with legal obligations.

2.3.2 Administrative expenditure outside Heading 7 – decentralised agencies

The increased salary adjustment for 2024 presented above also leads to additional needs for salary expenditure in relation to the administrative expenditure under Headings 1 to 6, which the Commission has been able to cover mobilising remaining appropriations and built-in flexibilities.

Conversely, for decentralised agencies, the scope for internal redeployments is limited and therefore the Commission proposes to increase the EU contribution by 1,7 %, applied to Title 1 ‘Staff expenditure’ of the agencies’ budget taking into account the ratio between the EU contribution and the agencies’ total budget. This increase of +1,7% takes into account the impact of both (1) the lower than expected 2023 salary update (+2,7%), and (2) higher than forecasted salary update for budget 2024 (+7,2%), compared with the assumptions underlying Budget 2024 (+4,4% in 2023 and +3,4% in 2024). To limit the impact, internal redeployments were first sought to cover the needs resulting from the impact of the salary update. Thus, for some of the decentralised agencies no increase of the EU contribution is needed. Moreover, it is proposed not to include FRONTEX in the increase, notably because of a still rather significant vacancy rate and because the salaries represent a lower portion of the total budget of the agency, leaving more room for internal redeployments.

The overall impact on expenditure of EUR 12,1 million in commitment and payment appropriations is detailed as follows:

- Heading 1 - Single Market, Innovation and Digital

Amounts in EUR
Budget lineNameCommitment appropriationsPayment appropriations
02 10 01European Union Aviation Safety Agency (EASA)361 932361 932
02 10 03European Union Agency for Railways (ERA)354 714354 714
02 10 04European Union Agency for Cybersecurity (ENISA)244 326244 326
02 10 05Agency for Support for BEREC (BEREC Office)81 59481 594
02 10 06European Union Agency for the Cooperation of Energy Regulators (ACER)193 651193 651
03 10 01 01European Chemicals Agency — Chemicals legislation835 000835 000
03 10 01 02European Chemicals Agency — Activities in the field of biocides legislation86 58586 585
03 10 02European Banking Authority (EBA)231 319231 319
03 10 03European Insurance and Occupational Pensions Authority (EIOPA)168 038168 038
03 10 04European Securities and Markets Authority (ESMA)216 832216 832
04 10 01European Union Agency for the Space Programme404 623404 623
Total3 178 6143 178 614
- Sub-heading 2b - Resilience and Values

Amounts in EUR
Budget lineNameCommitment appropriationsPayment appropriations
06 10 01European Centre for Disease Prevention and Control712 181712 181
06 10 02European Food Safety Authority1 179 1661 179 166
06 10 03 01Union contribution to the European Medicines Agency254 425254 425
07 10 01European Foundation for the improvement of living and working conditions (Eurofound)275 758275 758
07 10 02European Agency for Safety and Health at Work (EU-OSHA)137 647137 647
07 10 03European Centre for the Development of Vocational Training (Cedefop)217 343217 343
07 10 04European Union Agency for Fundamental Rights (FRA)287 922287 922
07 10 06European Training Foundation (ETF)283 108283 108
07 10 07European Union Agency for Criminal Justice Cooperation (Eurojust)594 629594 629
07 10 08European Public Prosecutor's Office (EPPO)894 047894 047
07 10 09European Labour Authority (ELA)266 861266 861
Total5 103 0875 103 087
- Heading 3 - Natural Resources and Environment

Amounts in EUR
Budget lineNameCommitment appropriationsPayment appropriations
08 10 01European Fisheries Control Agency209 032209 032
09 10 01European Chemicals Agency – Environmental directives and international conventions55 91555 915
09 10 02European Environment Agency646 569646 569
Total911 516911 516
- Heading 4 - Migration and Border Management

Amounts in EUR
Budget lineNameCommitment appropriationsPayment appropriations
11 10 02European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA)773 078773 078
Total773 078773 078
- Heading 5 – Resilience, Security and Defence

Amounts in EUR
Budget lineNameCommitment appropriationsPayment appropriations
12 10 01European Union Agency for Law Enforcement Cooperation (Europol)2 002 8952 002 895
12 10 02European Union Agency for Law Enforcement Training (CEPOL)89 93889 938
Total2 092 8332 092 833


2.4 Additional adjustments to decentralised agencies

2.4.1 Reinforcement for the European Union agency for law enforcement training (CEPOL)

In early June 2024, the European Union Agency for Law Enforcement Training (CEPOL) was the target of a series of cyberattacks. The incidents were immediately reported to the competent Cybersecurity Service for the EU institutions, bodies, offices and agencies (CERT-EU). After a full investigation launched in collaboration with CERT-EU, the agency has to proceed with a complete rebuilding of its IT infrastructure. Therefore, to cover for the immediate costs of the cyber-attacks and its impact on CEPOL, the Commission proposes to reinforce the budget of CEPOL in 2024.

The proposed reinforcement of the EU contribution to CEPOL by an amount of EUR 1 million in commitment appropriations is proposed to be offset against the Internal Security Fund (ISF). The same amount in payment appropriations is transfered from ISF to CEPOL via an autonomous transfer.

Amounts in EUR
Budget lineNameCommitment appropriationsPayment appropriations
12 10 02European Union Agency for Law Enforcement Training (CEPOL)1 064 0000
12 02 01Internal Security Fund (ISF)-1 064 0000
Total00

Combined with the salary update-related increase mentioned above (EUR 89 938 in commitment and payment appropriations), the total increase proposed for CEPOL is EUR 1 153 938.

2.4.2 Reinforcement for eu-LISA

Following higher than budgeted cost increases related to the eu-LISA's ‘Wave 2 milestone’ and corresponding framework contracts (in particular the pre-travel authorisation system for visa-exempt travellers (ETIAS) and the interoperability requirements), the Commission proposes to increase the budget of eu-LISA by EUR 17 million in commitment appropriations. The budget reinforcement is necessary to notably ensure financing of the two main framework contracts used by eu-LISA, i.e. the Transversal Engineering Framework and the Transversal Operations Framework, network costs and contractual adjustments, scope expansion of web services and increased requirements for external providers in direct support to eu-LISA operations.

The European Union Agency for Asylum (EUAA) identified a surplus in its budget due to under-implementation on their operational lines (operational plans with Member States) and slower than expected new staff recruitments. Therefore, the increase of EUR 17 million in commitment appropriations is proposed to be financed through a compensating reduction of the EU contribution to the EUAA. The ‘Global Transfer’ includes also a further reduction of EUAA’s budget with EUR 10 million in payment appropriations, reinforcing the BMVI main line financing outstanding interim payments.

Consequently, the proposed - budgetary neutral - adjustments are as follows:

Amounts in EUR
Budget lineNameCommitment appropriationsPayment appropriations
11 10 02European Union Agency for the operational management of large-scale IT systems in the area of freedom, security and justice17 000 0000
10 10 01European Union Agency for Asylum-17 000 0000
Total00

Combined with the salary update-related increase mentioned above (EUR 773 078 in commitment and payment appropriations), the total increase proposed for eu-LISA is EUR 17 773 078.

2.4.3 Reduction for the Anti-Money Laundering Authority (AMLA)

The Anti-Money Laundering Authority (AMLA) is still in a set-up phase and the process is taking longer than initially anticipated. This relates particularly to recruitments. Hence, after the first months of its build up, the need for appropriations in 2024 has been revised downwards. It is therefore proposed to reduce the EU contribution to AMLA by EUR 0,75 million in commitment appropriations, as indicated below.

Amounts in EUR
Budget lineNameCommitment appropriationsPayment appropriations
30 02 02Differentiated appropriations (Reserve for budget article 03 10 05)-750 2810
Total-750 2810

2.4.4 Return of a reserve to the LIFE programme - European Chemicals Agency (ECHA) and European Environment Agency (EEA)

Due to delays in the adoption of the Commission proposal on the ‘Zero Pollution Package’ for which negotiations are still on-going, the proposed new tasks assigned to ECHA and EEA will not start in 2024. In the 2024 budget, the corresponding appropriations of EUR 2,8 million, originating from the LIFE programme, were put in a reserve to the benefit of these two agencies, pending progress of the legislative package. Therefore, the Commission proposes in this DAB 5/2024 to return the corresponding appropriations to the LIFE programme, as follows:

Amounts in EUR
Budget lineNameCommitment appropriationsPayment appropriations
30 02 02Differentiated appropriations (Reserve for budget article 09 10 01)-1 596 375-1 596 375
30 02 02Differentiated appropriations (Reserve for budget article 09 10 02)-1 187 476-1 187 476
09 02 02Circular economy and quality of life2 783 8510
09 02 99Completion of previous programmes in the field of
environment and climate action (LIFE)
02 783 851
Total00

2.5 Reduction in commitment appropriations – Procedures for awarding and advertising public supply, works and service contracts

A surplus of EUR 2,9 million in commitment appropriations has been identified for the budget line 03 20 03 01. It is due to significant savings following the decision to use automatic on demand translation of the EU Institutions’ notices. An amount of EUR 0,5 million will be moved via an autonomous transfer to other measures in the field of the internal market, while the remaining amount of EUR 2,4 million is proposed to be canceled in this DAB 5/2024.

Amounts in EUR
Budget lineNameCommitment appropriationsPayment appropriations
03 20 03 01Procedures for awarding and advertising public supply, works and service contracts-2 420 0000
Total-2 420 0000

2.6 Ukraine Loan Cooperation Mechanism (ULCM)

In June 2024, the European Council invited the Commission, the High Representative and the Council to take work forward to provide additional funding for Ukraine by the end of the year17. In line with the results of the G7 summit of 13-15 June 2024 this would take the form of loans serviced and repaid by future flows of the extraordinary revenues stemming from immobilised Russian sovereign assets. Consequently, on 20 September 2024 the Commission proposed a Regulation establishing the Ukraine Loan Cooperation Mechanism (ULCM) and providing exceptional macro-financial assistance to Ukraine18. The ULCM will support G7 partners in issuing loans to Ukraine in parallel to the EU’s exceptional MFA loan with a view to reaching the total amount envisaged at the G7 summit. In order to allow the Commission to manage the related budgetary operations in a timely manner upon the adoption of the ULCM Regulation, the Commission proposes to make all the necessary additional adjustments to the budget nomenclature and budget remarks for the year 2024 in this DAB 5/2024. Accordingly, the Commission proposes to create a new budget line within a new dedicated chapter 14 11 (without appropriations) as follows:

EUR
Budget lineNameCommitment appropriationsPayment appropriations
14 11 01Ukraine Loan Cooperation Mechanismp.m.p.m.
Totalp.m.p.m.


The corresponding budget remarks are set out in the budgetary annex.

3. Update of revenue

DAB 5/2024 proposes to incorporate in the 2024 budget an amount of EUR 2 815 million in definitive fines and penalty payments paid until October 2024. It is also proposed to create a new revenue line for the ULCM within a new article ‘Ukraine Support’.

As at the date of adoption of this DAB 5/2024, no negative revenues have been included in the 2024 budget, subsequent to the creation of this possibility in the Financial Regulation (recast), applies as from 30 September 202419. The exact amounts of compensatory interests’ payments to be made are in the process of being established. A sufficient buffer of approximately EUR 1 200 million from definitive fines remains available to cover for these payments until the end of the year. Once paid, the negative revenue will be included in the specific budget line 4 2 5 'Interest, other charges due and negative returns on cancelled or reduced fines’. Additional details on the relevant amounts and transactions will also be provided in the framework of the annual budgetary procedure to the European Parliament and to the Council.

It is also proposed to create a new revenue line for the ULCM within a new article ‘Ukraine Support’.

3.1 Fines and penalty payments

Considering the definitive fines and penalty payments paid until October 2024, it is proposed to enter the following amounts in the 2024 budget:

a. EUR 2 502 million of competition fines.

b. EUR 52 million of penalty payments and lump sums imposed on Member States, which did not comply with judgments of the Court of Justice of the European Union on their failure to fulfil an obligation under the Treaties.

c. EUR 257 million of interest connected with fines and penalty payments.

d. EUR 4 million of other non-assigned fines and penalty payments mainly for excess emissions premia.

It is therefore proposed to increase the amounts reported in the DAB 4/2024 of EUR 614 million by EUR 2 815 million, thus totalling to EUR 3 429 million.

The detail by line is shown in the table below.

EUR
Revenue lineNameBudget 2024DAB 5/2024New amount

4 2 0Fines in connection with the implementation of the rules on competition257 464 2072 502 502 3032 759 966 510
4 2 1Penalty payments and lump sums imposed on a Member State340 653 16751 929 451392 582 618
4 2 4Interest connected with fines and penalty payments9 802 092256 590 258266 392 350
4 2 9Other non-assigned fines and penalty payments6 400 6853 875 62710 276 312
Total614 320 1512 814 897 6393 429 217 790

3.2 Impact on the GNI-based own resource contribution for 2024

The revised GNI-based own resources contributions compared to the DAB 4/2024 are set out in the following table:

Member stateDAB 4/2024DAB 5/2024New amount
(1)(2)(3) = (1) +(2)
Belgium3 137 520 8264 860 8273 142 381 653
Bulgaria490 929 862760 577491 690 439
Czech Republic1 524 718 1322 362 1811 527 080 313
Denmark2 045 789 8603 169 4562 048 959 316
Germany22 584 558 38234 989 29522 619 547 677
Estonia192 975 003298 968193 273 971
Ireland2 070 413 4233 207 6032 073 621 026
Greece1 163 139 7031 802 0031 164 941 706
Spain7 768 960 00912 036 1207 780 996 129
France15 077 255 98323 358 55315 100 614 536
Croatia425 510 887659 226426 170 113
Italy10 942 787 22816 953 19510 959 740 423
Cyprus145 650 292225 650145 875 942
Latvia212 177 297328 717212 506 014
Lithuania374 044 146579 491374 623 637
Luxembourg275 312 135426 529275 738 664
Hungary1 035 987 5651 605 0111 037 592 576
Malta95 647 207148 18295 795 389
Netherlands5 464 910 2938 466 5545 473 376 847
Austria2 527 403 8383 915 6002 531 319 438
Poland4 123 400 6506 388 2104 129 788 860
Portugal1 388 121 0692 150 5571 390 271 626
Romania1 745 902 4262 704 8531 748 607 279
Slovenia334 363 876518 016334 881 892
Slovak Republic647 634 5421 003 353648 637 895
Finland1 439 287 5602 229 8271 441 517 387
Sweden3 074 333 6594 762 9353 079 096 594
Total90 308 735 853139 911 48990 448 647 342

3.3 Nomenclature change following the adoption of the Commission proposal establishing the ULCM and providing exceptional macro-financial assistance to Ukraine

As a consequence of the adoption of the Commission proposal for a Regulation of the European Parliament and of the Council establishing the ULCM and providing exceptional macro-financial assistance to Ukraine (see section 3.1 below), it is proposed to create a new revenue line within an article for Ukraine support: 6 6 4 2 ‘Ukraine Loan Cooperation Mechanism’. Additionally, a technical correction is proposed to be included to adjust the reference of the budget line for the Ukraine Facility from ‘6 6 4’ to ‘6 6 4 0’.

The corresponding budget remarks are set out in the budgetary annex.


4. Financing

Overall, the net impact of this DAB 5/2024 is an increase of EUR 44,5 million in commitment appropriations and of EUR 2 954,8 million in payment appropriations under the 2024 budget.

In relation to the impact of the revised salary update for 2024, given the absence of margins and room for redeployment under sub-heading 2b and under heading 5, the Commission proposes to mobilise the Flexibility Instrument in line with Article 12 of Regulation (EU, Euratom) 2020/209320 in commitment and payment appropriations for an amount of EUR 5,1 million for sub-heading 2b Resilience and Values to increase the EU contribution to several decentralised agencies and for an amount of EUR 2,1 million for heading 5 to increase the EU contribution to Europol and CEPOL. Additionally, the increase of expenditure for heading 7 leads to an increase of the amounts proposed to be mobilised from the Single Margin Instrument by EUR 68,5 million.

The 2024 payment appropriations related to the mobilisation of the Flexibility Instrument in the years 2021 to 2024 are estimated at EUR 1 758,3 million, in current prices. The estimated payment schedule of the related outstanding amounts for these years is detailed in the following table:

Flexibility Instrument - payment profile (in EUR million)
Mobilisation year2024202520262027Total
20217,60007,6
202249,836,70086,5
2023279120,683,20482,8
20241 421,9107,683,746,31 659,5
Total1 758,3264,9166,946,32 236,4





5. Summary table by MFF heading

3.

In EUR

Budget 2024 (incl. ABs 1-2/2024, DAB 2-4/2024)Draft Amending Budget 5/2024Budget 2024 (incl. ABs 1-2/2024, DAB 2-4-5/2024)
CAPACAPACAPA
1Single Market, Innovation and Digital21 492 216 82120 826 810 8378 3333 178 61421 492 225 15420 829 989 451
Ceiling21 598 000 00021 598 000 000
Margin105 783 179-8 333105 774 846
2Cohesion, Resilience and Values74 577 476 94933 732 782 2045 103 0872 905 103 08774 582 580 03636 637 885 291
Of which under Flexibility Instrument1 306 281 3335 103 0871 311 384 420
Ceiling73 289 000 00073 289 000 000
Margin17 804 38417 804 384
2a.Economic, social and territorial cohesion64 665 195 61624 155 654 1522 900 000 00064 665 195 61627 055 654 152
Ceiling64 683 000 00064 683 000 000
Margin17 804 38417 804 384
2b.Resilience and values9 912 281 3339 577 128 0525 103 0875 103 0879 917 384 4209 582 231 139
Of which under Flexibility Instrument1 306 281 3335 103 0871 311 384 420
Ceiling8 606 000 0008 606 000 000
Margin
3Natural Resources and Environment57 338 630 83954 151 402 941-31 946 050-24 838 48457 306 684 78954 126 564 457
Ceiling57 449 000 00057 449 000 000
Margin110 369 16131 946 050142 315 211
Of which: Market related expenditure and direct payments40 517 278 00040 505 482 21340 517 278 00040 505 482 213
EAGF sub-ceiling41 649 000 00041 649 000 000
Rounding difference excluded for calculating the sub-margin722 000722 000
Net transfers between EAGF and EAFRD-1 046 000 000-1 046 000 000
Net balance available for EAGF expenditure (sub-ceiling corrected by transfers between EAGF and EAFRD)40 603 000 00040 603 000 000
EAGF sub-margin85 722 00085 722 000
4Migration and Border Management3 892 705 6713 248 967 443773 078773 0783 893 478 7493 249 740 521
Ceiling4 020 000 0004 020 000 000
Margin127 294 329-773 078126 521 251
5Security and Defence2 697 177 9262 035 413 5312 092 8332 092 8332 699 270 7592 037 506 364
Of which under Flexibility Instrument317 177 9262 092 833319 270 759
Ceiling2 380 000 0002 380 000 000
Margin
6Neighbourhood and the World16 731 000 00015 315 050 31316 731 000 00015 315 050 313
Of which under Flexibility Instrument28 828 20428 828 204
Of which under Single Margin Instrument 11(1)(a)371 171 796371 171 796
Ceiling16 331 000 00016 331 000 000
Margin
7European Public Administration11 988 000 60311 988 000 60368 500 00068 500 00012 056 500 60312 056 500 603
Of which under Single Margin Instrument 11(1)(a)215 000 60368 500 00068 500 000283 500 603
Ceiling11 773 000 00011 773 000 000
Margin
of which: Administrative expenditure of the institutions9 175 375 8419 175 375 8411 300 0001 300 0009 176 675 8419 176 675 841
Sub-ceiling9 006 000 0009 006 000 000
Sub-margin
Appropriations for headings188 717 208 809141 298 427 87244 531 2812 954 809 128188 761 740 090144 253 237 000
Ceiling186 840 000 000170 543 000 000186 840 000 000170 543 000 000
Of which under Flexibility Instrument1 652 287 4631 751 178 2977 195 9207 195 9201 659 483 3831 758 374 217
Of which under Single Margin Instrument 11(1)(a)586 172 39968 500 000654 672 399
Margin361 251 05330 995 750 42531 164 639392 415 69228 048 137 217
Thematic special instruments6 517 600 4325 491 076 5596 517 600 4325 491 076 559
Total appropriations195 234 809 241146 789 504 43144 531 2812 954 809 128195 279 340 522149 744 313 559


1 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.

2 OJ L, 2024/2509, 26.09.2024, ELI: data.europa.eu/eli/reg/2024/2509/oj.

3 OJ L, 2024/207, 22.2.2024, ELI: data.europa.eu/eli/budget/2024/207/oj

4 OJ L, 2024/1430, 5.6.2024, ELI: data.europa.eu/eli/budget_suppl_amend/2024/1430

5 OJ L, 2024/1509, 18.6.2024, ELI: data.europa.eu/eli/budget_suppl_amend/2024/1509

6 COM(2024) 920, 9.4.2024.

7 COM(2024) 931, 19.7.2024.

8 COM(2024) 426 final.

9 OJ L, 2024/795, 29.2.2024, ELI: data.europa.eu/eli/reg/2024/795/oj.

10 OJ L 433I, 22.12.2020, p. 28–46, ELI: data.europa.eu/eli/agree_interinstit/2020/1222/oj.

11 1,030*1,041=1,072

12 OJ 45, 14.6.1962, p. 1385, ELI: data.europa.eu/eli/reg/1962/31(1)/oj.

13 BE, DE, ES, FR, IT, LU, NL, AT, PL, SE.

14 1.020*1.051=1.072.

15 1.072/1.030=1.041.

16 Article 65(1) of the Staff Regulations and the Conditions of Employment of Other Servants of the European Union (SR) obliges the Commission to provide data pertaining to the budgetary impact of remuneration and pensions of Union officials in the light of the 2024 update of the remuneration and pensions of the officials and other servants of the EU and the correction coefficients applied thereto.

17 EUCO 15/24.

18 COM(2024) 426 final.

19 OJ L, 2024/2509, 26.09.2024, ELI: data.europa.eu/eli/reg/2024/2509/oj.

20 Council Regulation (EU, Euratom) 2020/2093 of 17 December 2020 laying down the multiannual financial framework for the years 2021 to 2027 (OJ L 433I, 22.12.2020, p. 11-22, ELI: data.europa.eu/eli/reg/2020/2093/oj).

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