EUROPEAN COMMISSION
Brussels, 7.6.2023
COM(2023) 292 final
2023/0175(NLE)
Proposal for a
COUNCIL DECISION
on the financial contributions to be paid by the parties to the European Development Fund as a second instalment for 2023
EUROPEAN COMMISSION
Brussels, 7.6.2023
COM(2023) 292 final
2023/0175(NLE)
Proposal for a
COUNCIL DECISION
on the financial contributions to be paid by the parties to the European Development Fund as a second instalment for 2023
EXPLANATORY MEMORANDUM
1.CONTEXT OF THE PROPOSAL
•Reasons for and objectives of the proposal
The proposal concerns a draft Council Decision on the second instalment of the financial contributions to the 11th European Development Fund to be paid by parties to the European Development Fund (‘EDF’) in 2023.
The 11th EDF and other 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)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 2 (the 11th EDF ‘Internal Agreement’);
(c)Council Regulation (EU) 2018/1877 on the Financial Regulation applicable to the 11th European Development Fund 3 (the ‘11th EDF Financial Regulation’).
(d)Decision No 1/2022 4 of the ACP-EU Committee of Ambassadors of 21 June 2022 to amend Decision No 3/2019 5 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 June 2023, or until the entry into force of the new Agreement, or the provisional application between the Union and the ACP States of the new Partnership Agreement, whichever comes first;
(e)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 6 ;
(f)Council Decision (EU) 2022/1223 7 concerning the allocation of funds de-committed from projects under the 10th and 11th European Development Funds for the purpose of financing actions addressing the food security crisis and economic shock in African, Caribbean and Pacific (ACP) countries following Russia’s war of aggression against Ukraine.
The documents referred to in points (a) to (f) 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(3) of the 11th EDF Financial Regulation, the Council must decide on this proposal at the latest 21 calendar days following the presentation, by the European Commission acting on behalf of the European Union, of this proposal.
2023/0175 (NLE)
Proposal for a
COUNCIL DECISION
on the financial contributions to be paid by the parties to the European Development Fund as a second instalment for 2023
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 the Council Regulation (EU) 2018/1877 9 of 26 November 2018 on the financial regulation applicable to the 11th European Development Fund, and repealing Regulation (EU) 2015/323 10 , and in particular Article 19(3) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1)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.
(2)In accordance with Article 19(3) of Council Regulation (EU) 2018/1877, the European Commission is to present a proposal by 15 June 2023 specifying the amount of the second instalment of the contribution for 2023.
(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) 2022/2242 11 , sets the annual amount of the contribution to be paid by the parties to the EDF for 2023 at EUR 1 800 000 000 12 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 amount of the contributions to be paid by the parties to the European Development Fund as a second instalment for 2023 is hereby set at EUR 750 000 000. It shall be divided into EUR 650 000 000 for the Commission, and EUR 100 000 000 for the EIB.
Article 2
The individual European Development Fund contributions shall be paid by the parties to the European Development Fund to the European Commission and the European Investment Bank as the second instalment for 2023, in accordance with the Annex.
Article 3
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
EUROPEAN COMMISSION
Brussels, 7.6.2023
COM(2023) 292 final
ANNEX
to the
Proposal for a
COUNCIL DECISION
on the financial contributions to be paid by the parties to the European Development Fund as a second instalment for 2023
ANNEX
Second instalment of EDF Contributions for 2023 (EUR) |
||||||
MEMBER STATES & UK |
Key 11th EDF % |
2nd instalment 2023 (EUR) |
Total |
|||
Commission |
EIB |
|||||
11th EDF |
11th EDF |
|||||
BELGIUM |
3,24927 |
21 120 255 |
3 249 270 |
24 369 525 |
||
BULGARIA |
0,21853 |
1 420 445 |
218 530 |
1 638 975 |
||
CZECHIA |
0,79745 |
5 183 425 |
797 450 |
5 980 875 |
||
DENMARK |
1,98045 |
12 872 925 |
1 980 450 |
14 853 375 |
||
GERMANY |
20,57980 |
133 768 700 |
20 579 800 |
154 348 500 |
||
ESTONIA |
0,08635 |
561 275 |
86 350 |
647 625 |
||
IRELAND |
0,94006 |
6 110 390 |
940 060 |
7 050 450 |
||
GREECE |
1,50735 |
9 797 775 |
1 507 350 |
11 305 125 |
||
SPAIN |
7,93248 |
51 561 120 |
7 932 480 |
59 493 600 |
||
FRANCE |
17,81269 |
115 782 485 |
17 812 690 |
133 595 175 |
||
CROATIA |
0,22518 |
1 463 670 |
225 180 |
1 688 850 |
||
ITALY |
12,53009 |
81 445 585 |
12 530 090 |
93 975 675 |
||
CYPRUS |
0,11162 |
725 530 |
111 620 |
837 150 |
||
LATVIA |
0,11612 |
754 780 |
116 120 |
870 900 |
||
LITHUANIA |
0,18077 |
1 175 005 |
180 770 |
1 355 775 |
||
LUXEMBOURG |
0,25509 |
1 658 085 |
255 090 |
1 913 175 |
||
HUNGARY |
0,61456 |
3 994 640 |
614 560 |
4 609 200 |
||
MALTA |
0,03801 |
247 065 |
38 010 |
285 075 |
||
NETHERLANDS |
4,77678 |
31 049 070 |
4 776 780 |
35 825 850 |
||
AUSTRIA |
2,39757 |
15 584 205 |
2 397 570 |
17 981 775 |
||
POLAND |
2,00734 |
13 047 710 |
2 007 340 |
15 055 050 |
||
PORTUGAL |
1,19679 |
7 779 135 |
1 196 790 |
8 975 925 |
||
ROMANIA |
0,71815 |
4 667 975 |
718 150 |
5 386 125 |
||
SLOVENIA |
0,22452 |
1 459 380 |
224 520 |
1 683 900 |
||
SLOVAKIA |
0,37616 |
2 445 040 |
376 160 |
2 821 200 |
||
FINLAND |
1,50909 |
9 809 085 |
1 509 090 |
11 318 175 |
||
SWEDEN |
2,93911 |
19 104 215 |
2 939 110 |
22 043 325 |
||
UNITED KINGDOM* |
14,67862 |
95 411 030* |
14 678 620 |
110 089 650* |
||
TOTAL EU-27 & UK |
100,00 |
650 000 000 |
100 000 000 |
750 000 000 |
* Further to Art. 153 of the Withdrawal Agreement, the UK formally requested in March 2023 that the Commission refund in 2023 their outstanding share of the 10th and 11th EDF reserves by netting-out the UK outstanding contribution to the EDF for 2023 (2nd and 3rd instalment , ie a total of €154,12 million). This netting-out will be reflected in the respective payment instructions.