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Document 52021PC0605

    Proposal for a COUNCIL DECISION on the financial contributions to be paid by the parties to the European Development Fund to finance that fund specifying the ceiling for 2023, the annual amount for 2022, the amount of the first instalment for 2022 and an indicative and non-binding forecast for the expected annual amounts of contributions for the years 2024 and 2025

    COM/2021/605 final

    Brussels, 5.10.2021

    COM(2021) 605 final

    2021/0308(NLE)

    Proposal for a

    COUNCIL DECISION

    on the financial contributions to be paid by the parties to the European Development Fund to finance that fund specifying the ceiling for 2023, the annual amount for 2022, the amount of the first instalment for 2022 and an indicative and non-binding forecast for the expected annual amounts of contributions for the years 2024 and 2025


    EXPLANATORY MEMORANDUM

    1.CONTEXT OF THE PROPOSAL

    Reasons for and objectives of the proposal

    The proposal covers:

       The ceiling amount of the contributions for 2023;

       The annual amount of the contributions for 2022;

       The amount of the first instalment of the contribution for 2022;

       Non-binding forecast for the expected annual amounts of contributions for the years 2024 and 2025.

    The 11th European Development Fund and other European Development Fund (‘EDF) funds that are still open (that is to say the Ninth and 10th EDF) are managed under the following set of rules:

    (a)the current Partnership Agreement between the members of the African, Caribbean and Pacific (ACP) Group of States on one side, and the European Community and its Member States on the other side (the 'ACP-EU Partnership Agreement’) as last amended 1 ;

    (b)Decision No 2/2020 2 of the ACP-EU Committee of Ambassadors of 4 December 2020 to amend Decision No 3/2019 3 of the ACP-EU Committee of Ambassadors to adopt transitional measures pursuant to Article 95(4) of the ACP-EU Partnership Agreement to further extend the application of the provisions of the ACP-EU Partnership Agreement until 30 November 2021, or until the entry into force of a new ACP-EU Agreement (‘the new Agreement’), or the provisional application between the Union and the ACP States of the new Agreement, whichever comes first;

    (c)Council Decision (EU) 2020/2233 concerning the commitment of the funds stemming from reflows under the ACP Investment Facility from operations under the 9th, 10th and 11th European Development Funds 4 ;

    (d)The Internal Agreement between the Representatives of the Governments of the Member States of the European Union, meeting within the Council, on the financing of European Union aid under the multiannual financial framework for the period 2014 to 2020, in accordance with the ACP-EU Partnership Agreement and on the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the Treaty on the Functioning of the European Union applies 5 (the 11th EDF 'Internal Agreement');

    (e)Council Regulation (EU) 2018/1877 on the Financial Regulation applicable to the 11th European Development Fund 6 (the '11th EDF Financial Regulation').

    The documents referred to in points (a) to (e) contain multi-annual commitments by the parties to support the EDF treasury financially. The 11th EDF Financial Regulation provides for regular contributions to be made by the parties to the EDF treasury against pre-determined financial commitments. Regular contributions are triggered by technical Council Decisions that reflect the implementation of financial commitments previously decided.

    Some of the headings in the explanatory memorandum are therefore not applicable to regular contribution calls such as this one.

    2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

    Legal basis

    In accordance with Article 19(2) of the 11th EDF Financial Regulation, the Council must decide on this proposal at the latest by 15 November 2021 7 .

    2021/0308 (NLE)

    Proposal for a

    COUNCIL DECISION

    on the financial contributions to be paid by the parties to the European Development Fund to finance that fund specifying the ceiling for 2023, the annual amount for 2022, the amount of the first instalment for 2022 and an indicative and non-binding forecast for the expected annual amounts of contributions for the years 2024 and 2025

    THE COUNCIL OF THE EUROPEAN UNION,

    Having regard to the Treaty on the Functioning of the European Union,

    Having regard to the Internal Agreement between the Representatives of the Governments of the Member States of the European Union, meeting within the Council, on the financing of European Union aid under the multiannual financial framework for the period 2014 to 2020, in accordance with the ACP-EU Partnership Agreement and on the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the Treaty on the Functioning of the European Union applies 8 and in particular Article 7(2) in conjunction with Article 14(3) thereof,

    Having regard to Council Regulation (EU) 2018/1877 of 26 November 2018 on the financial regulation applicable to the 11th European Development Fund, and repealing Regulation (EU) 2015/323 9 , and in particular Article 19(2) thereof,

    Having regard to the proposal from the European Commission,

    Whereas:

    (1)In accordance with the procedure laid down in Articles 19 to 22 of Council Regulation (EU) 2018/1877 10 , the Commission is to present a proposal by 15 October 2021 specifying the ceiling amount of the contribution for 2023, the annual amount of the contribution for 2022, the amount of the first instalment of the contribution for 2022 and an indicative, non-binding forecast for the expected annual amounts of contributions for the years 2024 and 2025.

    (2)In accordance with Article 46 of Regulation (EU) 2018/1877, the European Investment Bank (EIB) is to send to the Commission its updated estimates of commitments and payments under the instruments it manages.

    (3)Pursuant to Article 20(1) of Regulation (EU) 2018/1877, calls for contributions are to first use up the amounts provided for in previous European Development Funds (‘EDF’). Therefore a call for funds pursuant to Regulation (EU) 2018/1877, for the EIB and for the Commission should be made.

    (4)Pursuant to Article 152 of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (‘the withdrawal agreement’), the United Kingdom of Great Britain and Northern Ireland (the ‘United Kingdom’) is to remain party to the EDF until the closure of the 11th EDF and all previous unclosed EDFs. However, pursuant to Article 153 of the withdrawal agreement, the United Kingdom’s share in decommitted funds from projects under the 11th EDF, where those funds have been decommitted after 31 December 2020, or previous EDFs are not to be reused.

    (5)Council Decision (EU) 2020/1708 11 , sets the ceiling for the annual amount of the contributions to be paid by the parties to the EDF for 2022 at EUR 2 500 000 000 for the European Commission, and at EUR 300 000 000 for the European Investment Bank.

    (6)In order to allow for the prompt application of the measures provided for in this Decision, this Decision should enter into force on the day of its publication in the Official Journal of the European Union,

    HAS ADOPTED THIS DECISION:

    Article 1

    The ceiling for the annual amount of the contributions to be paid by the parties to the European Development Fund for 2023 is hereby set at EUR 2 100 000 000. It shall be divided into EUR 1 800 000 000 for the Commission, and EUR 300 000 000 for the EIB.

    Article 2

    The annual amount of the contributions to be paid by the parties to the European Development Fund for 2022 is hereby set at EUR 2 800 000 000. It shall be divided into EUR 2 500 000 000 for the Commission, and EUR 300 000 000 for the EIB.

    Article 3

    The individual European Development Fund contributions shall be paid by the parties of the EDF to the Commission and the European Investment Bank as the first instalment for 2022, in accordance with the Annex to.

    Article 4

    An amount of EUR 43 000 000 from uncommitted or decommitted funds from projects under the Eighth and the Ninth EDF shall be refunded by a reduction of payment against the first instalment for 2022 set out in Article 3.

    Article 5

    The indicative non-binding forecast for the expected annual amount of contributions for 2024 is hereby set at EUR 1 500 000 000 for the Commission and at EUR 300 000 000 for the EIB, and that for 2025 at EUR 900 000 000 for the Commission and EUR 9 000 000 for the EIB.

    Article 6

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

    Done at Brussels,

       For the Council

       The President

    (1)    OJ L 317, 15.12.2000, p. 3
    (2)    OJ L 420, 14.12.2020, p.32
    (3)    OJ L 1, 3.1.2020, p.3
    (4)    OJ L 438, 28.12.2020, p.188-191
    (5)    OJ L 210, 6.8.2013, p. 1
    (6)    OJ L 307, 3.12.2018, p. 1-21
    (7)    Fixed date as per Article 19(2) of the 11th EDF Financial Regulation
    (8)    OJ L 210, 6.8.2013, p. 1
    (9)    OJ L 58, 3.3.2015, p.17-38
    (10)    Council Regulation (EU) 2018/1877 of 26 November 2018 on the Financial Regulation applicable to the 11th European Development Fund, and repealing Regulation (EU) 2015/323 (OJ L 307, 3.12.2018, p.7.)
    (11)    Council Decision (EU) 2020/1708 of 13 November 2020 on the financial contributions to be paid by Member States to finance the European Development Fund, including the ceiling for 2022, the annual amount for 2021, the first instalment for 2021 and an indicative and non-binding forecast for the expected annual amounts of contributions for the years 2023 and 2024 (OJ L 385, 17.11.2020, p. 13).
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    Brussels, 5.10.2021

    COM(2021) 605 final

    ANNEX

    to the

    Proposal for a
    COUNCIL DECISION

    on the financial contributions to be paid by the parties to the European Development Fund to finance that fund specifying the ceiling for 2023, the annual amount for 2022, the amount of the first instalment for 2022 and an indicative and non-binding forecast for the expected annual amounts of contributions for the years 2024 and 2025


    ANNEX

    First instalment of EDF contributions for 2022 (EUR)

    MEMBER STATES & the United Kingdom

    Key 11th EDF %

    1st instalment 2022 (EUR)

    Total

    EIB

    Commission

    11th EDF

    11th EDF

    BELGIUM

    3,24927

    3 249 270,00

    35 741 970,00

    38 991 240,00

    BULGARIA

    0,21853

    218 530,00

    2 403 830,00

    2 622 360,00

    CZECHIA

    0,79745

    797 450,00

    8 771 950,00

    9 569 400,00

    DENMARK

    1,98045

    1 980 450,00

    21 784 950,00

    23 765 400,00

    GERMANY

    20,57980

    20 579 800,00

    226 377 800,00

    246 957 600,00

    ESTONIA

    0,08635

    86 350,00

    949 850,00

    1 036 200,00

    IRELAND

    0,94006

    940 060,00

    10 340 660,00

    11 280 720,00

    GREECE

    1,50735

    1 507 350,00

    16 580 850,00

    18 088 200,00

    SPAIN

    7,93248

    7 932 480,00

    87 257 280,00

    95 189 760,00

    FRANCE

    17,81269

    17 812 690,00

    195 939 590,00

    213 752 280,00

    CROATIA

    0,22518

    225 180,00

    2 476 980,00

    2 702 160,00

    ITALY

    12,53009

    12 530 090,00

    137 830 990,00

    150 361 080,00

    CYPRUS

    0,11162

    111 620,00

    1 227 820,00

    1 339 440,00

    LATVIA

    0,11612

    116 120,00

    1 277 320,00

    1 393 440,00

    LITHUANIA

    0,18077

    180 770,00

    1 988 470,00

    2 169 240,00

    LUXEMBOURG

    0,25509

    255 090,00

    2 805 990,00

    3 061 080,00

    HUNGARY

    0,61456

    614 560,00

    6 760 160,00

    7 374 720,00

    MALTA

    0,03801

    38 010,00

    418 110,00

    456 120,00

    NETHERLANDS

    4,77678

    4 776 780,00

    52 544 580,00

    57 321 360,00

    AUSTRIA

    2,39757

    2 397 570,00

    26 373 270,00

    28 770 840,00

    POLAND

    2,00734

    2 007 340,00

    22 080 740,00

    24 088 080,00

    PORTUGAL

    1,19679

    1 196 790,00

    13 164 690,00

    14 361 480,00

    ROMANIA

    0,71815

    718 150,00

    7 899 650,00

    8 617 800,00

    SLOVENIA

    0,22452

    224 520,00

    2 469 720,00

    2 694 240,00

    SLOVAKIA

    0,37616

    376 160,00

    4 137 760,00

    4 513 920,00

    FINLAND

    1,50909

    1 509 090,00

    16 599 990,00

    18 109 080,00

    SWEDEN

    2,93911

    2 939 110,00

    32 330 210,00

    35 269 320,00

    UNITED KINGDOM

    14,67862

    14 678 620,00

    161 464 820,00

    176 143 440,00

    TOTAL EU-27 & UK

    100,00

    100 000 000,00

    1 100 000 000,00

    1 200 000 000,00

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