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Document 02023D2825-20250228
Commission Implementing Decision (EU, Euratom) 2023/2825 of 12 December 2023 establishing the arrangements for the administration and implementation of the Union borrowing and debt management operations under the diversified funding strategy and related lending operations
Consolidated text: Commission Implementing Decision (EU, Euratom) 2023/2825 of 12 December 2023 establishing the arrangements for the administration and implementation of the Union borrowing and debt management operations under the diversified funding strategy and related lending operations
Commission Implementing Decision (EU, Euratom) 2023/2825 of 12 December 2023 establishing the arrangements for the administration and implementation of the Union borrowing and debt management operations under the diversified funding strategy and related lending operations
ELI: http://data.europa.eu/eli/dec_impl/2023/2825/2025-02-28
02023D2825 — EN — 28.02.2025 — 001.001
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
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COMMISSION IMPLEMENTING DECISION (EU, Euratom) 2023/2825 of 12 December 2023 (OJ L 2825 18.12.2023, p. 1) |
Amended by:
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COMMISSION IMPLEMENTING DECISION (EU, Euratom) 2025/363 of 21 February 2025 |
L 363 |
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25.2.2025 |
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COMMISSION IMPLEMENTING DECISION (EU, Euratom) 2023/2825
of 12 December 2023
establishing the arrangements for the administration and implementation of the Union borrowing and debt management operations under the diversified funding strategy and related lending operations
CHAPTER 1
SUBJECT MATTER AND DEFINITIONS
Article 1
Subject matter and scope
Article 2
Definitions
For the purposes of this Decision, the following definitions apply:
‘borrowing operations’ means operations on the markets, in particular debt issuances to borrow, including roll-over borrowing;
‘debt management operations’ means market operations related to the debt resulting from the borrowing operations to optimise the structure of the outstanding debt, to mitigate interest rate risk, to support the secondary market liquidity or to mitigate other financial risks;
‘liquidity management operations’ means operations to manage the inflows and outflows of proceeds arising from borrowing and debt management operations in order to enable the cost-effective management of those amounts;
‘lending operations’ means operations related to the implementation of loans and credit lines for financial assistance under Article 220 of the Financial Regulation;
‘disbursement’ means the passing of proceeds obtained through borrowing and debt management operations to finance repayable or non-repayable support to a beneficiary;
‘programme authorising officer’ means the authorising officer responsible, in accordance with Annex I to the Internal Rules established by Commission Decision C(2018) 5120 ( 1 ), for the implementation of the budget lines of a financial assistance programme and a programme financed under Article 2(2) of Regulation (EU) 2020/2094, in so far as it implements measures referred to in Article 1(2) of that Regulation;
‘prudential cash holdings’ means the amount of cash required to be held on the ECB cash account, ahead of upcoming payments for a determined period;
‘swap’ means swap as defined in Section 1, point 10, of Annex III to Commission Delegated Regulation (EU) 2017/583 ( 2 );
‘derivatives’ means derivatives as defined in Article 2(5) of Regulation (EU) No 648/2012 of the European Parliament and of the Council ( 3 );
‘repurchase transaction’ or ‘reverse repurchase transaction’ means respectively repurchase transaction or reverse repurchase transaction as defined in Article 3(9) of Regulation (EU) 2015/2365 of the European Parliament and of the Council ( 4 );
‘buy-sell back transaction’ or ‘sell-buy back transaction’ means respectively a buy-sell back transaction or sell-buy back transaction as defined in Article 3(8) of Regulation (EU) 2015/2365;
‘money market instruments’ means such instruments as deposits, including term certificates of deposit, credit lines, money market mutual funds, exchange traded funds tracking money market indices, commercial papers, treasury bills, bonds maturing within one year, and securities lending and repurchase agreements, in accordance with the definition of ‘money-market instruments’ in Article 4(1), point (17) of Directive 2014/65/EU of the European Parliament and of the Council ( 5 );
‘syndicated transaction’ means a transaction whereby financing is offered by a group of lenders, referred to as a syndicate, to a single borrower;
‘auction’ means the issuance process of the Union and Euratom debt securities based on competitive bids through an auction platform;
‘long-term funding’ means funding by borrowing operations for a term of more than one year, excluding the amounts held on own account;
‘short-term funding’ means funding by borrowing operations for a term below or equal to one year and the use of unsecured money market transactions and secured money market transactions;
‘non-competitive auction allocation’ means the issuance process whereby amounts of the Union and Euratom debt securities additional to the auctioned amounts are allocated to members of the primary dealer network established under Commission Decision (EU) 2023/1602 ( 6 ) participating in the auction based on a set price, within a set period of time following an auction and by using, as appropriate, an auction platform to carry out the allocation.
CHAPTER 2
BORROWING, DEBT MANAGEMENT AND LENDING OPERATIONS
SECTION 1
Funding strategy
Article 3
Annual borrowing, debt and liquidity management decision
The annual borrowing decision shall set out the following parameters:
the maximum annual amount of long-term funding based on multiannual schedule of expected disbursements under the programmes and of refinancing needs;
the maximum outstanding amount of short-term funding, including through the issuance of EU-Bills;
the maximum final outstanding amount per issuance reflecting the concentration risk at maturity;
the maximum average maturity of long-term funding;
if appropriate, the maximum outstanding amount of own issuances which can be held on the Commission’s own account and made available to counterparties through repurchase transactions, to support the secondary market in Union securities or to mobilise short-term funding;
authorisation of liquidity management operations through the use of money market instruments as referred to in Article 8.
The following factors shall be taken into consideration for the preparation of the annual borrowing decision:
the requirements stemming from the underlying basic acts, in particular basic acts referred to in Article 220(1) of the Financial Regulation;
the payment obligations to service outstanding debt and repayment of the principal, in accordance with the annual work programme and taking into account the financial programming;
the compatibility with the limits set out in Council Decision (EU, Euratom) 2020/2053 ( 7 ) and, as appropriate, Council Regulation (EU, Euratom) 2020/2093 ( 8 ), and with the limits of maximum duration or maximum average maturity set out in the underlying basic act. In respect of NGEU, those limits shall be those set out in Article 6 of Decision (EU, Euratom) 2020/2053 for the additional own resources ceiling of 0,6 percentage points of the Member States’ GNIs, and, for the case of planned repayment of borrowing from the Union’s budget, with the limit set out in Article 5(2), third subparagraph, of that Decision;
the loan maturities set out in the loan agreements concluded between the Commission and the beneficiary country;
multiannual schedule of disbursements under the relevant policy programmes and of refinancing needs taking into account broader supply and demand considerations;
other factors relevant for the determination of the borrowing and debt management operations.
Article 4
Funding plan
The funding plan shall indicate the planned borrowing operations and, as the case may be, debt management operations and liquidity management operations, to be carried out under the diversified funding strategy. Within the framework set out in the annual borrowing decision and taking into account the factors referred to in Article 3(3) and financial conditions in the primary and secondary market, the funding plan shall include, inter alia, the following parameters:
the maximum expected amount of short-term and long-term funding for the period;
the weighted maximum average maturity of long-term funding to be undertaken;
if appropriate, the maximum outstanding amount of own issuances which can be held on the Commission’s own account and made available to counterparties through repurchase transaction to support the secondary market in Union securities or to mobilise short-term funding;
if appropriate, an indicative amount or range, reflecting funding and disbursement planning at the time of adoption of the funding plan, to be invested through money market instruments throughout the funding semester in accordance with Article 8.
When establishing the funding plan, the opinion of the Chief Risk Officer referred to in Article 6, point (b), of Commission Decision (EU, Euratom) 2025/369 ( 9 ) shall be duly taken into account.
Article 5
Communication of projected disbursement needs for the purposes of preparing and implementing the funding plan
Article 6
Implementation of the borrowing operations, debt and liquidity management operations
Based on the updates provided under Article 5(3), the Director-General of the Directorate-General for the Budget shall issue regular instructions regarding the amounts to be raised through debt issuance and managed through debt management and liquidity management operations.
The borrowing operations, debt management and liquidity management operations shall respect the principle of sound financial management, which comprises the appropriate segregation of roles and responsibilities, information and reporting flows aimed at guaranteeing the independent oversight and accountability, and the legality and regularity of all transactions. Those operations shall be carried out in accordance with best practice in the market and respecting market conventions.
Article 7
Diversified funding strategy
In implementing the diversified funding strategy, the Commission shall apply the following principles, as appropriate, in full respect of the principle of sound financial management, in order to to borrow the required funding to meet in due time the needs of the relevant programmes for repayable and non-repayable support, and to manage the resulting debt as efficiently and expeditiously as possible, while seeking to obtain the most advantageous financial conditions under the prevailing market conditions for the Union budget and beneficiary countries, and aiming at regular capital market presence:
borrowing operations and debt management operations may be conducted on the primary market, on the secondary market and on money markets;
borrowing operations shall be organised through a set of individual borrowings of different maturities, ranging from short-term to long-term funding;
borrowing operations may be organised through a mix of syndicated transactions, auctions, non-competitive auction allocations and private placements, in all cases relying on the services of credit institutions and investment firms who are members of the primary dealer network established under Implementing Decision (EU) 2023/1602;
the resulting debt may be rolled-over for the sake of maturity management;
cash flow mismatches and liquidity risk shall be managed through measures of debt management operations and liquidity management;
interest rate risk and other financial risks may be managed through debt management operations as described in paragraph 2.
Article 8
Liquidity management strategy
The Director-General of the Directorate-General for the Budget shall define liquidity management strategy determining the essential parameters of such excess liquidity balance management. The strategy shall include the following:
the investment objectives;
the applicable benchmarks, where relevant;
the maximum duration of cash holdings and investments;
the eligibility criteria for the selection of counterparties to transact with;
the eligible money-market instruments;
the requirements for the eligibility of assets that may be purchased and/or accepted as collateral.
SECTION 2
Lending operations
Article 9
Lending operations
The implementation of lending operations shall be carried out in accordance with the specific rules laid down in the relevant basic act, as well as the conditions laid down in the loan agreements concluded between the Commission and the beneficiary country in accordance with the relevant basic act.
Article 10
Disbursements and acceleration of the loan
Article 11
Costs of the loan
SECTION 3
Implementation and reporting
Article 12
Establishment of operational capacities
Those operational capacities shall in particular include the following:
negotiating, reviewing and signing of agreements with public or private credit institutions and national or international central securities depositories required for the conclusion of transaction settlement;
reviewing, amending, changing, redrafting and finalising the borrowing documentation, including the documentation under the Debt Issuance Programme;
establishing arrangements and rules for the organisation of auctions and non-competitive auction allocations, including agreements with external providers of systems and constant oversight of the performance of auctions;
implementing individual borrowing transactions through syndicated transactions, auctions, non-competitive auction allocations, and private placements;
calculating costs incurred in accordance with the methodology to be laid down by the Commission in specific guidelines to be charged to the Union’s budget and to the beneficiary countries in the context of lending operations;
establishing arrangements and negotiating, reviewing and signing of agreements, including agreements with counterparties and trading system providers, required for conducting the following transactions and instruments:
repurchase transactions or reverse-repurchase transactions, buy-sell back transactions or sell-buy back transactions and other transactions giving rise to liabilities;
derivatives, such as swaps, for the purpose of management and hedging of risks for the sole purpose of loans.
carrying out secondary market transactions, unsecured and secured money market transactions, including those referred to in points (f)(i) and (ii) above;
setting up of any organised systems or procedures needed for liquidity management operations;
establishing and managing the electronic system for the communication and updating of information on projected disbursements needs referred to in Article 5(4).
Article 13
Reporting on the implementation of borrowing, debt management, liquidity management and lending operations
The Commission shall establish a report twice per year on all aspects of its borrowing,debt management and liquidity management strategy, such as legal basis, outstanding amounts of bonds and bills, maturity profile, disbursed grants and loans, repayment schedule of the disbursed loans, cost of funding and the amount that the Commission intends to issue in the coming semester. The report shall be submitted to the European Parliament and the Council.
CHAPTER 3
ACCOUNTING AND THE ACCOUNTING OFFICER
Article 14
Account for management of proceeds
Article 15
Accounts for cash and liquidity management operations
Article 16
Accounting for borrowing, debt management, liquidity management and lending operations
The Accounting Officer shall be responsible for ensuring the appropriate accounting for all borrowing, debt management, liquidity management and lending operations in accordance with the Union accounting rules and with Title XIII of the Financial Regulation.
Article 17
Establishment of financial statements
CHAPTER 4
RISK MANAGEMENT AND COMPLIANCE
Article 18
Role of Chief Risk Officer for borrowing, debt management, liquidity management and lending operations
The financial risk management of the borrowing, debt management, liquidity management and lending operations shall be governed by Decision (EU, Euratom) 2025/369.
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CHAPTER 5
FINAL PROVISIONS
Article 24
Repeal
Implementing Decision (EU, Euratom) 2022/2544 is repealed.
References to the repealed Decision shall be construed as references to this Decision and shall be read in accordance with the correlation table in the Annex.
Article 25
Entry into force
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
ANNEX
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Correlation table |
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Implementing Decision (EU, Euratom) 2022/2544 of 19 December 2022 |
This Decision |
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Article 1 |
Article 1 |
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Article 2 |
Article 2 |
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Article 3 |
Article 3 |
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Article 4 |
Article 4 |
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Article 5 |
Article 5 |
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Article 6 |
Article 6 |
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Article 7 |
Article 7 |
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Article 8 |
Article 9 |
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Article 9 |
Article 10 |
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Article 10 |
Article 11 |
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Article 11 |
Article 12 |
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Article 12 |
Article 13 |
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Article 13 |
Article 14 |
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Article 14 |
Article 16 |
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Article 15 |
Article 17 |
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Article 16 |
Article 18 |
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Article 17 |
Article 19 |
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Article 18 |
Article 20 |
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Article 19 |
Article 21 |
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Article 20 |
Article 22 |
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Article 21 |
Article 23 |
( 1 ) Commission Decision C(2018) 5120 final of 3 August 2018 on the Internal Rules on the implementation of the general budget of the European Union (European Commission section) for the attention of the Commission departments.
( 2 ) Commission Delegated Regulation (EU) 2017/583 of 14 July 2016 supplementing Regulation (EU) No 600/2014 of the European Parliament and of the Council on markets in financial instruments with regard to regulatory technical standards on transparency requirements for trading venues and investment firms in respect of bonds, structured finance products, emission allowances and derivatives (OJ L 87, 31.3.2017, p. 229, ELI: http://data.europa.eu/eli/reg_del/2017/583/oj).
( 3 ) Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (OJ L 201, 27.7.2012, p. 1, ELI: ELI: http://data.europa.eu/eli/reg/2012/648/oj).
( 4 ) Regulation (EU) 2015/2365 of the European Parliament and of the Council of 25 November 2015 on transparency of securities financing transactions and of reuse and amending Regulation (EU) No 648/2012 (OJ L 337, 23.12.2015, p. 1, ELI: http://data.europa.eu/eli/reg/2015/2365/oj).
( 5 ) Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014, p. 349, ELI: http://data.europa.eu/eli/dir/2014/65/oj).
( 6 ) Commission Implementing Decision (EU) 2023/1602 of 31 July 2023 on the primary dealer network and the definition of eligibility criteria for lead and co-lead mandates for syndicated transactions for the purposes of the borrowing activities by the Commission on behalf of the Union and of the European Atomic Energy Community (OJ L 196, 4.8.2023, p. 44, ELI: http://data.europa.eu/eli/dec_impl/2023/1602/oj).
( 7 ) 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, ELI: http://data.europa.eu/eli/dec/2020/2053/oj).
( 8 ) 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, ELI: http://data.europa.eu/eli/reg/2020/2093/oj).
( 9 ) Commission Decision (EU, Euratom) 2025/369 of 21 February 2025 establishing the role of the Chief Risk Officer overseeing the financial risks arising from the Union’s financial operations (OJ L, 2025/369, 25.2.2025, ELI: http://data.europa.eu/eli/dec/2025/369/oj).