EUROPEAN COMMISSION

Strasbourg, 5.7.2016

COM(2016) 447 final

2016/0207(COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Regulation (EU) No 230/2014 of the European Parliament and of the Council of 11 March 2014 establishing an instrument contributing to stability and peace

{SWD(2016) 222 final}
{SWD(2016) 225 final}

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

This Explanatory Memorandum concerns a legislative proposal for a Regulation amending Regulation (EU) No 230/2014 of the European Parliament and of the Council of 11 March 2014 establishing an instrument contributing to stability and peace.

The legislative proposal aims at inserting a new Article into Title II of Regulation (EU) No 230/2014 in order to extend the Union’s assistance under exceptional circumstances to be used to build the capacity of military actors in partner countries in order to contribute to sustainable development and in particular the achievement of peaceful and inclusive societies.

•Reasons for and objectives of the proposal

The link between security and development has been recognised both at European and at international level. 1 The 2005 European Consensus on Development already recognised this link, which is central to maximising the effectiveness of the EU’s external action. Supporting partner countries’ security systems, as part of a broader reform process to provide effective and accountable security to the State and to individuals, contributes to the EU’s objectives of inclusive and sustainable development, state-building and the rule of law. Human security includes people-centred, multi-sectoral, comprehensive, context-specific, and prevention-oriented approaches. This is especially the case when it is clear that without security, access to the people most at risk of being left behind in conflict settings is limited, and effective outcomes of either humanitarian or development work are less likely.

The adoption of the United Nations’ (UN) 2030 Agenda for Sustainable Development 2 and its Sustainable Development Goal 3 (SDG) 16 on ‘peace and justice’ underlines the importance of promoting peaceful and inclusive societies, the provision of access to justice for all, and building effective, accountable institutions at all levels. SDG 16 emphasises the need to strengthen relevant national institutions, including through international cooperation for building capacity at all levels. In particular in fragile and conflict-affected States, channelling investments in line with development effectiveness principles will help to address the root causes of conflict and fragility. The EU supports the ‘New Deal for Engagement in Fragile States’ 4 and the emphasis it places on the security-development nexus.

The OECD-DAC 5 revised Reporting Directives on official development assistance (ODA) in the field of peace and security provide greater clarity and further develop the scope of ODA rules for the security sector. They maintain several safeguards, notably the principally civilian nature of ODA, although support to the military can be recognised as ODA in exceptional and clearly delimitated circumstances.

•Consistency with other Union policies

The present initiative fits with the ambition to bring together EU tools on major challenges, as outlined in the Joint Communication The EU’s comprehensive approach to external conflict and crisis 7 and the subsequent Council conclusions 8 .

With regard to the Union’s Common Foreign and Security Policy (CFSP), both civilian and military Common Security and Defence Policy (CSDP) missions and operations (and in particular training missions) are an essential component within the EU’s comprehensive approach to crisis management in third countries 9 and fulfil the training pillar of capacity building in support of security and development for both defence and civilian security personnel.

Resources for EU CSDP military operations are financed by the participating EU Member States, and through the Athena mechanism 10 designed to manage the financing of common costs relating to EU military operations under the CSDP. These costs concern, inter alia, headquarters’ implementation and running costs, infrastructure, logistics and mission support, but not the costs incurred by a partner country supported through a mission or operation.

Outside the general budget of the Union, the European Development Fund (EDF) provides financial resources to implement the EU’s development cooperation policy with the African, Caribbean and Pacific (ACP) group of states under the Cotonou Partnership Agreement. 11 The African Peace Facility 12 (APF) was set up in 2003 under the EDF and is to date the most far-reaching instrument to address the security-development nexus, also providing support to military activities. Nonetheless, the APF is subject to a number of limitations, notably in its geographical and exclusively regional coverage, which prevents the global use of this Facility at national level.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

The legal basis of this legislative proposal is Article 209(1) and Article 212(2) of the TFEU.

Considering the broad scope of development cooperation 13 , the financing of capacity building (training and equipment support) in the security sector on the basis of Article 209/212 TFEU is not per se excluded only because of the military nature of the beneficiary. 14 Taking into account the objectives of the Union’s development cooperation, i.e. to contribute to the pursuit of the sustainable development of developing countries, financing of the military is possible under exceptional circumstances (see also at point 5 below on the detailed explanation).

•Subsidiarity and proportionality

The proposed Regulation complies with the subsidiarity principle and with the principle of proportionality as set in Article 5 TEU.

EU action is necessary and justified both on the grounds of the objectives laid down in the Treaty and on the subsidiarity principle. Comprehensive and flexible EU support to the security sector would have the added value of allowing short- and longer-term actions to bring on board all security actors in a country, and would allow for better coordination of such support. Interventions at EU level can better achieve security and stability and act as a driver for more effective international efforts around security and development.

•Choice of the instrument

3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

•Stakeholder consultations

The online public consultation to gather views from the public was launched on 1 April and ended on 27 May 2016. In total, 78 responses were received, the majority from private citizens. A number of Member States (the Czech Republic, Finland, France, Germany, Italy, Luxemburg, the Netherlands, Portugal, and Spain) provided their input to the initiative in the form of a non-paper issued on 15 April 2016.

Overall, the responses indicated a large support of the three main principles underpinning the initiative, namely: i) an effective, legitimate and accountable security sector in partner countries could contribute to peace, human security and sustainable development; ii) the security development nexus should be better integrated in EU support strategies in order to better contribute to sustainable development in partner countries, and iii) strengthening the governance of military actors, particularly in fragile countries and countries emerging from conflict, could lead to stability and the achievement of sustainable development goals.

•Impact assessment

The proposed legislative proposal is supported by an impact assessment. The impact assessment report examines different policy options to meet the specific objectives and assesses options outside the general budget of the Union and within the general budget of the Union.

The impact assessment concludes that an amendment of the Instrument contributing to Stability and Peace (IcSP) would be, in view of the objectives, the timing, the geographical coverage, and flexibility in its implementation as a crisis instrument, the most appropriate and effective short-term option. The impact assessment also explains that a comprehensive implementation of the CBSD initiative (i.e. including support to the military for defence-related purposes) would require combining a budgetary instrument (for development tasks) with another, possibly extra-budgetary, mechanism.

Fundamental rights

4.BUDGETARY IMPLICATIONS

In terms of cost, a budget of EUR 100 000 000 over the period 2017-2020 would be required. The initiative will be financed through redeployment within Heading IV of the general budget of the Union. No additional resources would be mobilised. Implementation will be governed by Regulation (EU) No 236/2014 15 .

5.OTHER ELEMENTS

•Implementation plans and monitoring, evaluation and reporting arrangements

Monitoring and evaluation modalities are laid down in Articles 12 and 13 of Regulation (EU) No 236/2014 that applies to all EU external financing instruments, including the IcSP, which is the preferred option. Reporting modalities are also foreseen in that Regulation.

•Detailed explanation of the specific provisions of the proposal

This section provides a detailed commentary illustrating the main provisions introduced by the proposed Regulation to amend Regulation (EU) No 230/214 establishing an instrument contributing to stability and peace.

(1)Subject matter and objectives (Article 1, Title I, General Provisions)

The purpose of the change in Article 1(2) is to include assistance to security actors, including military actors, within the scope of the Regulation. Assistance may be provided under the exceptional circumstances described below (see point 2) in the context of a wider security sector report reform process and/or within capacity building in support of security and development in line with the overarching objective of achieving sustainable development.

(2)Capacity building in support of security and development (Article 3a, Title II, Types of Union Assistance)

The proposed Article 3a provides in its first paragraph that Union assistance may be used to build the capacity of military actors in partner countries under exceptional circumstances, in order to contribute to sustainable development and in particular to the achievement of stable, peaceful and inclusive societies. The achievement of stable, peaceful and inclusive societies alludes to Sustainable Development Goal (SDG) 16 on ‘peace and justice’, which underlines the importance of promoting peaceful and inclusive societies, the provision of access to justice for all, and building effective, accountable institutions at all levels. SDG 16 emphasises the need to strengthen relevant national institutions, including through international cooperation for building capacity at all levels, in particular in developing countries, to, inter alia, prevent violence, and combat terrorism and crime. The exceptional circumstances referred to in paragraph 1 are further defined in paragraph 3 of the new Article 3a.

In its paragraph 2, Article 3a illustrates the type of activities that may be supported, i.e.: capacity building programmes in support of security and development, including training, mentoring and advice, as well as the provision of equipment, infrastructure improvements and provision of other services.

In its paragraph 3, Article 3a further describes the exceptional circumstances mentioned in paragraph 1 under which assistance shall be provided. Paragraph 3 lit. a) and lit. b) are to be read in a cumulative way. Paragraph 3 lit. a) requires that military actors are only financed when the requirements cannot be met by recourse to non-military actors to adequately reach the Union objectives under Regulation (EU) No 230/2014 and the premise of the achievement of stable, peaceful and inclusive societies is denied by a serious threat to the existence of functioning State institutions or State institutions can no longer cope with this serious threat (e.g. have collapsed). Paragraph 3 lit. b) requires that a consensus exists among the international community and/or the Union and the country concerned that the security sector, and in particular the military, are key for stability, peace and development, particularly in crises and fragile contexts. This may take the form of a UN Security Council Resolution or a programming document, which was agreed between the Union and other international partners (e.g. the country compact for Somalia) or the Union is engaged under Title V TEU.

Paragraph 4 of Article 3a outlines the limitations to Union assistance under this new Article, excluding: recurrent military expenditure, the procurement of arms and ammunition as well as training which is solely designed to contribute to the fighting capacity of the armed forces.

Paragraph 5 of Article 3a contains the general principles that must inform assistance under this Article which are: ownership by the partner country; need to develop the elements and the good practices required for ensuring sustainability in the medium and long term as well as to promote the rule of law and established international law principles.

Lastly, paragraph 6 of Article 3a calls for the establishment of risk assessment, monitoring and evaluation procedures relating to the assistance measures provided under the new Article.

(3)Exceptional measures and interim programmes (Article 7, Title III, Programming and Implementation)

Article 7(1) is amended to include a cross reference to new Article 3a specifying that Union assistance under new Article 3a may be provided through exceptional assistance measures and interim response programmes.

(4)Thematic strategy papers and multiannual indicative programmes (Article 8, Title III, Programming and Implementation)

Article 8(1) is amended to include a cross reference to new Article 3a specifying that Union assistance under new Article 3a can be provided through thematic strategy papers.

(5)Human Rights (Article 10, Title III, Programming and Implementation)

Article 10(1) is amended to extend the obligation to implement assistance measures in accordance with international law, including international humanitarian law, to CBSD-related assistance measures under the new proposed Article 3a.

(6)Financial envelope (Article 13, Title IV, Final Provisions)

Article 13(1) increases the financial envelope for the implementation of the Regulation by EUR 100 000 000, thus the financial envelope of the IcSP shall be EUR 2 438 719 000. As concerns the subdivision provided for in Article 13(3), this shall remain intact, in order to allow CBSD-related actions to take place under different articles and be financed under different budget lines.

2016/0207 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Regulation (EU) No 230/2014 of the European Parliament and of the Council of 11 March 2014 establishing an instrument contributing to stability and peace

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 209(1) and 212(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Acting in accordance with the ordinary legislative procedure,

Whereas:

(1)The 2005 European Consensus on Development recognised the link between security and development. 16  

(2)The United Nations’ 2030 Agenda for Sustainable Development, adopted in September 2015, underlines the importance of promoting peaceful and inclusive societies both as a Sustainable Development Goal (SDG 16) and in order to achieve other development policy outcomes. SDG 16.a specifically requests to “strengthen relevant national institutions, including through international cooperation, for building capacities at all levels, in particular in developing countries, for preventing violence and combatting terrorism and crime”. 17

(3)Supporting security sector actors, including the military under exceptional circumstances, in third countries in a conflict prevention, crisis management or stabilisation context is essential to ensure appropriate conditions for poverty eradication and development. Those actions are particularly necessary to ensure the protection of civilian populations in the areas affected by conflict, crises or fragility. Good governance and effective democratic control and civilian oversight of the security system, including the military, as well as compliance with human rights and the rule of law principles are essential attributes of a well-functioning State in any context, and should be promoted through a wider security sector reform support to third countries.

(4)The European Council conclusions of 19/20 December 2013 emphasised the importance of supporting partner countries and regional organisations, through providing training, advice, equipment and resources where appropriate, so that they can increasingly prevent or manage crises by themselves.

(5)In the Joint Communication entitled ‘Capacity building in support of security and development – Enabling partners to prevent and manage crisis’, the Commission and the High Representative of the Union for Foreign Affairs and Security Policy reiterated the need for stable and secure societies in order to achieve development objectives. 18  

(6)The Council conclusions on Common Security and Defence Policy (CSDP) of 18 May 2015 called to explore options to enhance coherence and coordination between EU security and development actions, as well as to improve the delivery of capacity building in support of security and development, notably in terms of financing instruments. 19 They also invited to develop an EU-wide strategic framework for Security Sector Reform, bringing together CSDP and all other relevant Common Foreign and Security Policy (CFSP) tools as well as development cooperation instruments and freedom, security and justice actors.

(7)Regulation (EU) No 230/2014 should therefore be amended accordingly.

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EU) No 230/2014 is amended as follows:

(1) In Article 1(2) the following sub-paragraph is added:

“Where Union assistance is provided to the security sector actors, this may also include military actors under exceptional circumstances as provided for in Article 3a, in particular in the context of a wider security sector reform process and/or capacity building in support of security and development in third countries, in line with the overarching objective of achieving sustainable development.”

(2) The following Article 3a is inserted:

“Article 3a 

Capacity building in support of security and development

1.    In order to contribute to sustainable development and in particular the achievement of stable, peaceful and inclusive societies, Union assistance under this Regulation may be used to build the capacity of military actors in partner countries, under the exceptional circumstances as set out in paragraph 3 of this Article.

2.    Assistance may cover in particular the provision of capacity building programmes in support of security and development, including training, mentoring and advice, as well as the provision of equipment, infrastructure improvements and provision of other services.

3.    Assistance pursuant to this Article shall only be provided:

(a)    where requirements cannot be met by recourse to non-military actors to adequately reach Union objectives under this Regulation and the premise of the achievement of stable, peaceful and inclusive societies is denied by a serious threat to the existence of functioning State institutions, as well as to the protection of human rights and fundamental freedoms, or State institutions can no longer cope with this serious threat; and

(b)    where a consensus exists between the country concerned and the international community and/or the European Union that the security sector, and in particular the military, are key for stability, peace and development, particularly in crises and fragile contexts and situations.

4.    Union assistance shall not be used to finance:

(a)    recurrent military expenditure;

(b)    the procurement of arms and ammunition;

(c)    training which is solely designed to contribute to the fighting capacity of the armed forces.

5.    When designing and implementing measures pursuant to this Article, the Commission shall promote ownership by the partner country. It shall also develop the necessary elements and the good practices required for ensuring sustainability in the medium and long term and promote the rule of law and established international law principles.

6.    The Commission shall establish appropriate risk assessment, monitoring and evaluation procedures for measures pursuant to this Article.”

(3)In Article 7, paragraph (1) is replaced by the following:

“1. Union assistance pursuant to Article 3, and to Article 3a as appropriate, shall be provided through exceptional assistance measures and interim response programmes.”

(4)In Article 8, paragraph (1) is replaced by the following:

“1. Thematic strategy papers shall constitute the general basis for the implementation of assistance pursuant to Articles 4 and 5, and to Article 3a as appropriate. Thematic strategy papers shall provide a framework for cooperation between the Union and the partner countries or regions concerned.”

(5)In Article 10, paragraph (1) is replaced by the following:

“1. The Commission shall ensure that measures adopted under this Regulation in relation to the fight against terrorism and organised crime, as well as measures covered under Article 3a, are implemented in accordance with international law, including international humanitarian law.”

(6)In paragraph 1 of Article 13:

The number ‘2 338 719 000’ is replaced by ‘2 438 719 000’.

Article 2

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

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

Done at Strasbourg,

LEGISLATIVE FINANCIAL STATEMENT

1.FRAMEWORK OF THE PROPOSAL/INITIATIVE

1.1.Title of the proposal/initiative

1.2.Policy area(s) concerned in the ABM/ABB structure

1.3.Nature of the proposal/initiative

1.4.Objective(s)

1.5.Grounds for the proposal/initiative

1.6.Duration and financial impact

1.7.Management mode(s) planned

2.MANAGEMENT MEASURES

2.1.Monitoring and reporting rules

2.2.Management and control system

2.3.Measures to prevent fraud and irregularities

3.ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE

3.1.Heading(s) of the multiannual financial framework and expenditure budget line(s) affected

3.2.Estimated impact on expenditure 

3.2.1.Summary of estimated impact on expenditure

3.2.2.Estimated impact on operational appropriations

3.2.3.Estimated impact on appropriations of an administrative nature

3.2.4.Compatibility with the current multiannual financial framework

3.2.5.Third-party contributions

3.3.Estimated impact on revenue

LEGISLATIVE FINANCIAL STATEMENT

1.FRAMEWORK OF THE PROPOSAL/INITIATIVE

1.1.Title of the proposal/initiative

1.2.Policy area(s) concerned in the ABM/ABB structure 20  

1.3.Nature of the proposal/initiative

X◻ The proposal/initiative relates to a new action 

◻ The proposal/initiative relates to a new action following a pilot project/preparatory action 21  

◻ The proposal/initiative relates to the extension of an existing action 

◻ The proposal/initiative relates to an action redirected towards a new action 

1.4.Objective(s)

1.4.1.The Commission’s multiannual strategic objective(s) targeted by the proposal/initiative

1.4.2.Specific objective(s) and ABM/ABB activity(ies) concerned

contribute to improving the capacity of partner countries to prevent and manage crises by themselves;

contribute to improving the effectiveness of the Union’s development actions by working with all security actors, including the military, through the delivery of capacity building in support of security and development by the EU, as soon as possible, flexibly and comprehensively; and

contribute to ensuring the respect of the rule of law, good governance, as well as enhanced civilian control and oversight over the military in third countries.

1.4.3.Expected result(s) and impact

Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted.

1.4.4.Indicators of results and impact

Specify the indicators for monitoring implementation of the proposal/initiative.

1.5.Grounds for the proposal/initiative

1.5.1.Requirement(s) to be met in the short or long term

1.5.2.Added value of EU involvement

1.5.3.Lessons learned from similar experiences in the past

1.5.4.Compatibility and possible synergy with other appropriate instruments

1.6.Duration and financial impact

X◻ Proposal/initiative of limited duration

–X◻    Proposal/initiative in effect from 01/01/2017 to 31/12/2020

–◻        Financial impact from 2017 to 2020

◻ Proposal/initiative of unlimited duration

–Implementation with a start-up period from YYYY to YYYY,

–followed by full-scale operation.

1.7.Management mode(s) planned 24  

X◻ Direct management by the Commission

–X◻ by its departments, including by its staff in the Union delegations;

–◻    by the executive agencies

◻ Shared management with the Member States

X◻ Indirect management by entrusting budget implementation tasks to:

–◻ third countries or the bodies they have designated;

–X◻ international organisations and their agencies (to be specified);

–◻ the EIB and the European Investment Fund;

–◻ bodies referred to in Articles 208 and 209 of the Financial Regulation;

–X◻ public law bodies;

–X◻ bodies governed by private law with a public service mission to the extent that they provide adequate financial guarantees;

–◻ bodies governed by the private law of a Member State that are entrusted with the implementation of a public-private partnership and that provide adequate financial guarantees;

–X◻ persons entrusted with the implementation of specific actions in the CFSP pursuant to Title V of the TEU, and identified in the relevant basic act.

–If more than one management mode is indicated, please provide details in the ‘Comments’ section.

Comments

2.MANAGEMENT MEASURES

2.1.Monitoring and reporting rules

Specify frequency and conditions.

2.2.Management and control system

2.2.1.Risk(s) identified

2.2.2.Information concerning the internal control system set up

2.2.3.Estimate of the costs and benefits of the controls and assessment of the expected level of risk of error

2.3.Measures to prevent fraud and irregularities

Specify existing or envisaged prevention and protection measures.

3.ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE

3.1.Heading(s) of the multiannual financial framework and expenditure budget line(s) affected

Existing budget lines

In order of multiannual financial framework headings and budget lines.

3.2.Estimated impact on expenditure

3.2.1.Summary of estimated impact on expenditure

EUR million (to three decimal places)

EUR million (to three decimal places)

EUR million (to three decimal places)

3.2.2.Estimated impact on operational appropriations

–◻    The proposal/initiative does not require the use of operational appropriations

–X◻    The proposal/initiative requires the use of operational appropriations, as explained below:

Indicative outputs per objectives:

Specific objective 1 - Number of estimated response measures in situations of crisis or emerging crisis in a given budgetary year.

Specific objective 2 - Number of estimated capacity building actions on conflict prevention, peace-building and crisis preparedness in a given budgetary year.

Specific objective 3 - Number of trained persons and/or equipment bought in a given budgetary year.

Commitment appropriations in EUR million (to three decimal places)

11. Outputs under Specific Objective 1 for BL 19 02 01 are not programmable thus, an output figure would be inappropriate.

3.2.3.Estimated impact on appropriations of an administrative nature

3.2.3.1.Summary

–◻    The proposal/initiative does not require the use of appropriations of an administrative nature

–X    The proposal/initiative requires the use of appropriations of an administrative nature, as explained below:

EUR million (to three decimal places)

The appropriations required for human resources and other expenditure of an administrative nature will be met by appropriations from the DG that are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.

* Corresponding to 3 CA posts under FPI budget line

3.2.3.2.Estimated requirements of human resources

–◻    The proposal/initiative does not require the use of human resources.

–x    The proposal/initiative requires the use of human resources, as explained below:

Estimate to be expressed in full time equivalent units

19 and 21 are the policy areas or budget titles concerned.

The human resources required will be met by staff from the DG who are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation, which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.

Description of tasks to be carried out:

3.2.4.Compatibility with the current multiannual financial framework

–◻    The proposal/initiative is compatible the current multiannual financial framework.

–X    The proposal/initiative will entail reprogramming of the relevant heading in the multiannual financial framework.

–◻    The proposal/initiative requires application of the flexibility instrument or revision of the multiannual financial framework.

3.2.5.Third-party contributions

–The proposal/initiative does not provide for co-financing by third parties.

–The proposal/initiative provides for the co-financing estimated below:

Appropriations in EUR million (to three decimal places)

3.3.Estimated impact on revenue

–X    The proposal/initiative has no financial impact on revenue.

–◻    The proposal/initiative has the following financial impact:

on own resources

on miscellaneous revenue

EUR million (to three decimal places)

For miscellaneous ‘assigned’ revenue, specify the budget expenditure line(s) affected.

Specify the method for calculating the impact on revenue.

(1) For example, World Bank World Development Report: Conflict, Security, and Development, 2011

(2) http://www.un.org/sustainabledevelopment/sustainable-development-goals/  

(3) Sustainable Development Goal 16: promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels

(4) The EU endorsed the New Deal, one of the main building blocks of the 4th High Level Forum on Aid Effectiveness in Busan in November 2011 ( http://www.pbsbdialogue.org/en/ )

(5) Organisation for Economic Co-operation and Development – Development Assistance Committee, February 2016

(6) JOIN(2015) 17, p. 8.

(7) JOIN(2013) 30 final of 11 December 2013

(8) Council conclusions 9644/14 of 12 May 2014

(9) JOIN(2013) 30 final of 11 December 2013

(10) Article 41 TEU sets the principles for the financing of EU civilian and military crisis management operations. The common costs of such operations are currently covered by Council Decision (CFSP) 2015/528 of 27 March 2015 establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (Athena) and repealing Decision 2011/871/CFSP, OJ L 84, 28.03.2015

(11) Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States of the other part, signed in Cotonou on 23.6.2000, revised in Luxembourg on 25.6.2005, revised in Ouagadougou on 22.6.2010

(12) Article 11 of the Cotonou Partnership Agreement on “Peace building policies, conflict prevention and resolution” and the relevant Council conclusions provide the legal basis for the APF; Decision No 3/2003 of the ACP-EC Council of Ministers of 11 December 2003 on the use of resources from the long-term development envelope of the 9th EDF for the creation of a Peace Facility for Africa, OJ L 345, 31.12.2003

(13) C-377/12, European Commission v Council (PCA Philippines), paragraph 37

(14) See also JOIN (2015) 17, p. 7; and above OECD/DAC Reporting Directives in the field of peace and security

(15) Regulation (EU) No 236/2014 of the European Parliament and of the Council of 11 March 2014 laying down common rules and procedures for the implementation of the Union’s instruments for financing external actions, OJ L 77, 15.3.2014, p. 95.

(16) Joint statement by the Council and the representatives of the governments of the Member States meeting within the Council, the European Parliament and the Commission on European Union Development Policy entitled “The European Consensus”, Official Journal, C 46 of 24.2.2006

(17) United Nations, A/RES/70/1, Resolution adopted by the General Assembly on 25 September 2015

(18) JOIN(2015) 17 final of 28 April 2015

(19) Foreign Affairs Council (Defence formation) conclusions on CSDP, document 8971/15 of 18 May 2015

(20) ABM: activity-based management; ABB: activity-based budgeting.

(21) As referred to in Article 54(2) (a) or (b) of the Financial Regulation.

(22)  http://ec.europa.eu/priorities/docs/pg_en.pdf

(23)  COM(2015) 610 final

(24) Details of management modes and references to the Financial Regulation may be found on the BudgWeb site: https://myintracomm.ec.europa.eu/budgweb/EN/man/budgmanag/Pages/budgmanag.aspx  

(25) Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations

(26) EFTA: European Free Trade Association

(27) Candidate countries and, where applicable, potential candidates from the Western Balkans.

(28) Year N is the year in which implementation of the proposal/initiative starts.

(29) Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.

(30) Year N is the year in which implementation of the proposal/initiative starts.

(31) Outputs are products and services to be supplied.

(32) As described in point 1.4.2. ‘Specific objective(s)…’

(33) Year N is the year in which implementation of the proposal/initiative starts.

(34) Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research

(35) AC = Contract Staff; AL = Local Staff; END = Seconded National Expert; INT = agency staff; JED = Junior Experts in Delegations

(36) Sub-ceiling for external staff covered by operational appropriations (former ‘BA’ lines)

(37) As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net amounts, i.e. gross amounts after deduction of 25% for collection costs.