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Document 02023D2825-20250228

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

ELI: http://data.europa.eu/eli/dec_impl/2023/2825/2025-02-28

02023D2825 — EN — 28.02.2025 — 001.001


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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

(OJ L 2825 18.12.2023, p. 1)

Amended by:

 

 

Official Journal

  No

page

date

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COMMISSION IMPLEMENTING DECISION (EU, Euratom) 2025/363 of 21 February 2025

  L 363

1

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

1.  
This Decision establishes the arrangements for the implementation of the diversified funding strategy for borrowing, debt and liquidity management operations within the scope of Article 220a of Regulation (EU, Euratom) 2018/1046 (‘the Financial Regulation’), as well as to the related lending operations.
2.  
Chapter 4 shall also apply to borrowing and lending operations carried out according to the back-to-back method.

Article 2

Definitions

For the purposes of this Decision, the following definitions apply:

(1) 

‘borrowing operations’ means operations on the markets, in particular debt issuances to borrow, including roll-over borrowing;

(2) 

‘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;

(3) 

‘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;

(4) 

‘lending operations’ means operations related to the implementation of loans and credit lines for financial assistance under Article 220 of the Financial Regulation;

(5) 

‘disbursement’ means the passing of proceeds obtained through borrowing and debt management operations to finance repayable or non-repayable support to a beneficiary;

(6) 

‘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;

(7) 

‘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;

(8) 

‘swap’ means swap as defined in Section 1, point 10, of Annex III to Commission Delegated Regulation (EU) 2017/583 ( 2 );

(9) 

‘derivatives’ means derivatives as defined in Article 2(5) of Regulation (EU) No 648/2012 of the European Parliament and of the Council ( 3 );

(10) 

‘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 );

(11) 

‘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;

(12) 

‘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 );

(13) 

‘syndicated transaction’ means a transaction whereby financing is offered by a group of lenders, referred to as a syndicate, to a single borrower;

(14) 

‘auction’ means the issuance process of the Union and Euratom debt securities based on competitive bids through an auction platform;

(15) 

‘long-term funding’ means funding by borrowing operations for a term of more than one year, excluding the amounts held on own account;

(16) 

‘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;

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(17) 

‘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.

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CHAPTER 2

BORROWING, DEBT MANAGEMENT AND LENDING OPERATIONS

SECTION 1

Funding strategy

Article 3

Annual borrowing, debt and liquidity management decision

1.  
The Commission shall adopt a borrowing, debt and liquidity management decision which sets the framework comprising certain maximum limits for the borrowing and debt management operations and grants the authorisation for liquidity management operations, that can be entered into over the course of the calendar year (‘annual borrowing decision’).
2.  

The annual borrowing decision shall set out the following parameters:

(a) 

the maximum annual amount of long-term funding based on multiannual schedule of expected disbursements under the programmes and of refinancing needs;

(b) 

the maximum outstanding amount of short-term funding, including through the issuance of EU-Bills;

(c) 

the maximum final outstanding amount per issuance reflecting the concentration risk at maturity;

(d) 

the maximum average maturity of long-term funding;

(e) 

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;

(f) 

authorisation of liquidity management operations through the use of money market instruments as referred to in Article 8.

3.  

The following factors shall be taken into consideration for the preparation of the annual borrowing decision:

(a) 

the requirements stemming from the underlying basic acts, in particular basic acts referred to in Article 220(1) of the Financial Regulation;

(b) 

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;

(c) 

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;

(d) 

the loan maturities set out in the loan agreements concluded between the Commission and the beneficiary country;

(e) 

multiannual schedule of disbursements under the relevant policy programmes and of refinancing needs taking into account broader supply and demand considerations;

(f) 

other factors relevant for the determination of the borrowing and debt management operations.

4.  
The annual borrowing decision shall be adopted before the commencement of the period covered by it.
5.  
The annual borrowing decision may be amended in particular in case of serious risk that the maximum average maturity could not be respected for reason of under-execution of issuances of the amounts of long-term funding or in case of the change to one or more factors referred to in paragraph 3.
6.  
The Commission shall communicate the annual borrowing decision to the European Parliament and the Council.

Article 4

Funding plan

1.  
The funding plan shall fix an indicative target for the funds to be raised through borrowing operations and managed through debt management operations, which shall cover as a rule a period of six months.
2.  

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:

(a) 

the maximum expected amount of short-term and long-term funding for the period;

(b) 

the weighted maximum average maturity of long-term funding to be undertaken;

(c) 

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;

(d) 

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.

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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.

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3.  
The funding plan shall be adopted before the commencement of the period covered by it.
4.  
The funding plan may be amended in case of substantial change to one or more factors referred to in Article 3(3).
5.  
On the basis of the adopted funding plan, the Commission shall inform the European Parliament and the Council.

Article 5

Communication of projected disbursement needs for the purposes of preparing and implementing the funding plan

1.  
The funding plan shall be established on the basis of up-to-date information, to be provided to the Directorate-General for the Budget by programme authorising officers, regarding the schedule of expected payments, which may include multiannual disbursement needs. The information provided shall be to the extent possible accurate and reliable.
2.  
One month before the adoption of the funding plan, programme authorising officers shall provide a detailed projection of disbursement needs for the respective programmes.
3.  
Programme authorising officers shall provide to the extent possible regular, accurate and reliable updates of the information provided in respect of projected disbursements, including changes in timelines for completion of procedures for payment approvals.
4.  
Programme authorising officers shall use the electronic system for the communication and updating of information on projected disbursement needs for the transmission of the information on payment forecasts provided for in Article 12(2)(i) for the purposes of communicating information required under paragraphs 1 to 3 of this Article.

Article 6

Implementation of the borrowing operations, debt and liquidity management operations

1.  
The individual borrowing, debt management and liquidity management operations shall be undertaken in line with the latest applicable update of the funding plan for the period in question.

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.

2.  
The instructed amounts shall be raised by applying the diversified funding strategy defined in Article 7 while respecting the parameters of the funding plan set out in Article 4(2).

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

1.  

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:

(a) 

borrowing operations and debt management operations may be conducted on the primary market, on the secondary market and on money markets;

(b) 

borrowing operations shall be organised through a set of individual borrowings of different maturities, ranging from short-term to long-term funding;

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(c) 

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;

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(d) 

the resulting debt may be rolled-over for the sake of maturity management;

(e) 

cash flow mismatches and liquidity risk shall be managed through measures of debt management operations and liquidity management;

(f) 

interest rate risk and other financial risks may be managed through debt management operations as described in paragraph 2.

2.  
Where required to ensure a better management of interest rate and other financial risks arising in the execution of the diversified funding strategy, the Commission may use debt management operations that may consist of using derivatives such as swaps to manage interest rate or other financial risks. For this purpose, the Commission may buy back and hold its own bonds. In particular, swaps may only be used for the hedging of interest rate risks borne by countries benefitting from loans. The costs for managing risks with derivatives shall be borne by the beneficiary of the risk management operation.

Article 8

Liquidity management strategy

1.  
Liquidity balances exceeding the prudential cash holdings referred to in Article 14(2) may be managed through the use of money market instruments.
2.  
Money market instruments may be carried out with debt management offices of Member States, supranational institutions, national public sector agencies, central banks, credit institutions and investment firms with an appropriate credit standing, and central counterparties.
3.  

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:

(a) 

the investment objectives;

(b) 

the applicable benchmarks, where relevant;

(c) 

the maximum duration of cash holdings and investments;

(d) 

the eligibility criteria for the selection of counterparties to transact with;

(e) 

the eligible money-market instruments;

(f) 

the requirements for the eligibility of assets that may be purchased and/or accepted as collateral.

4.  
►M1  When establishing or amending the liquidity management strategy, the opinion of the Chief Risk Officer referred to in Article 6(c) of Decision (EU, Euratom) 2025/369 shall be duly taken into account. ◄ The Accounting Officer of the Commission shall also be consulted.

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

1.  
The disbursement of loan instalments or tranches shall be done as efficiently and expeditiously as possible, subject to availability of funding. The loan agreements shall contain an unconditional and irrevocable commitment of the beneficiary country to bear all costs related to the borrowing, including administrative costs, and to repay the principal amount and interests and may allow the use of derivatives, in particular swaps.
2.  
Loan agreements under Regulation (EU) 2021/241 shall contain an acceleration clause that entitles the Commission to ask for early repayment of the loan, inter alia, in accordance with Articles 22(5) and 24(9) of Regulation (EU) 2021/241 and for recovery of pre-financing not cleared.

Article 11

Costs of the loan

1.  
All costs, inclusive those associated with the management of interest rate and other financial risks, incurred by the Union in relation to the borrowing of funds for the loans shall be borne by the beneficiary countries, in accordance with Article 220 of the Financial Regulation and the relevant basic acts and shall be calculated according to a methodology laid down in Implementing Decision (EU, Euratom) 2022/2545, complemented by specific guidelines, in full respect of the principles of transparency and equal treatment.
2.  
Any costs incurred by the Union for derivatives shall be borne by the beneficiary country.
3.  
The costs shall be regularly invoiced to the beneficiary country.

SECTION 3

Implementation and reporting

Article 12

Establishment of operational capacities

1.  
The implementation of the borrowing, debt management and liquidity management operations under the diversified funding strategy and the related lending operations shall incorporate the establishment and management of the operational capacities ensuring that the systems put in place uphold sound financial management and are subject to robust risk management and documentation of processes and decisions.
2.  

Those operational capacities shall in particular include the following:

(a) 

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;

(b) 

reviewing, amending, changing, redrafting and finalising the borrowing documentation, including the documentation under the Debt Issuance Programme;

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(c) 

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;

(d) 

implementing individual borrowing transactions through syndicated transactions, auctions, non-competitive auction allocations, and private placements;

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(e) 

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;

(f) 

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:

(i) 

repurchase transactions or reverse-repurchase transactions, buy-sell back transactions or sell-buy back transactions and other transactions giving rise to liabilities;

(ii) 

derivatives, such as swaps, for the purpose of management and hedging of risks for the sole purpose of loans.

(g) 

carrying out secondary market transactions, unsecured and secured money market transactions, including those referred to in points (f)(i) and (ii) above;

(h) 

setting up of any organised systems or procedures needed for liquidity management operations;

(i) 

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

1.  
The proceeds related to the borrowing, debt management and lending operations shall be managed through an account opened by the Commission’s Accounting Officer. The Accounting Officer shall delegate the management of this account to relevant services in the Directorate-General of the Budget who shall manage it in line with the rules, principles and procedures set out in this Decision.
2.  
The account shall be held with the ECB on the basis of a contract on fiscal agency services. It shall be used for dedicated prudential cash holdings which shall be adapted to the amounts of upcoming payments.
3.  
The Director-General of the Directorate-General for the Budget shall define a methodology according to which prudential cash holdings are calculated for a set period.

Article 15

Accounts for cash and liquidity management operations

1.  
Accounts required for cash and liquidity management operations shall be opened by the Commission’s Accounting Officer. The Accounting Officer shall delegate the management of this account to relevant services in the Directorate-General of the Budget who shall manage it in line with the rules, principles and procedures set out in this Decision. The Accounting Officer may set out conditions for the management of the accounts in accordance with the Financial Regulation.
2.  
For the purpose of cash management above the prudential cash holdings and liquidity management operations, the accounts may be held with the ECB or any other authorised counterparty.

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

1.  
The Accounting Officer shall be responsible for the preparation of annual financial statements in respect of the borrowing, debt management, liquidity management and lending operations in accordance with the Union accounting rules and based on the information supplied by the programme authorising officers.
2.  
These financial statements shall be part of the consolidated annual accounts of the Union budget.

CHAPTER 4

RISK MANAGEMENT AND COMPLIANCE

Article 18

Role of Chief Risk Officer for borrowing, debt management, liquidity management and lending operations

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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



Correlation table

Implementing Decision (EU, Euratom) 2022/2544 of 19 December 2022

This Decision

Article 1

Article 1

Article 2

Article 2

Article 3

Article 3

Article 4

Article 4

Article 5

Article 5

Article 6

Article 6

Article 7

Article 7

Article 8

Article 9

Article 9

Article 10

Article 10

Article 11

Article 11

Article 12

Article 12

Article 13

Article 13

Article 14

Article 14

Article 16

Article 15

Article 17

Article 16

Article 18

Article 17

Article 19

Article 18

Article 20

Article 19

Article 21

Article 20

Article 22

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).

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