(1)

Regulation (EU) No 1303/2013 of the European Parliament and of the Council (2) lays down the common and general rules applicable to the European Structural and Investment Funds.

(2)

In accordance with Article 7(1) of Council Regulation (EU, Euratom) No 1311/2013 (3) and Article 92(3) of Regulation (EU) No 1303/2013, the Commission reviewed in 2016 the total allocations of all Member States under the Investment for growth and jobs goal of cohesion policy for the years 2017 to 2020.

(3)

In accordance with Article 7(3) of Regulation (EU, Euratom) No 1311/2013 and Article 92(3) of Regulation (EU) No 1303/2013, the Commission presented the results of that review in a communication to the Council and the European Parliament of 30 June 2016 on the technical adjustment of the financial framework for 2017 in line with movements in gross national income (GNI) and adjustment of cohesion policy envelopes. The Commission stated in that communication that, on the basis of the most recent statistics, there is a cumulative divergence of more than +/– 5 % between the total and the revised allocations in Belgium, the Czech Republic, Denmark, Estonia, Ireland, Greece, Spain, Croatia, Italy, Cyprus, the Netherlands, Slovenia, Slovakia, Finland, Sweden and the United Kingdom. In addition, the Commission stated that, on the basis of its GNI per capita figures for 2012-2014, Cyprus would become fully eligible for support from the Cohesion Fund as of 1 January 2017.

(4)

As required by Article 7(4) and (5) of Regulation (EU, Euratom) No 1311/2013 and Article 92(3) of Regulation (EU) No 1303/2013, the allocations of those Member States are to be adjusted accordingly, provided that the total net effect of those adjustments does not exceed EUR 4 billion.

(5)

Insofar as the review had an impact on the annual breakdown of the allocations for the global resources by Member State under the Investment for growth and jobs goal and under the European territorial cooperation goal, as well as on the Youth Employment Initiative ('YEI'), the review was implemented by Commission Implementing Decision (EU) 2016/1941 (4).

(6)

The total net effect of those adjustments is to increase the resources for economic, social and territorial cohesion by EUR 4 billion. That increase should be reflected in Article 91(1) of Regulation (EU) No 1303/2013, which should therefore be adjusted accordingly.

(7)

The resources for the Investment for growth and jobs goal and their allocation among less developed regions, transition regions, more developed regions, Member States supported by the Cohesion Fund, and outermost regions, as set out in Article 92(1) of Regulation (EU) No 1303/2013, should be adjusted accordingly.

(8)

In accordance with Article 14(1) of Regulation (EU, Euratom) No 1311/2013, the margins left available below the ceilings for commitment appropriations of the multiannual financial framework ('MFF') are to constitute the Global MFF Margin for commitments, to be made available over and above the ceilings established in the MFF for the years 2016 to 2020 for policy objectives related to growth and employment, in particular youth employment. The limitation of the margins left available below the MFF ceilings for commitment appropriations to the years 2014 to 2017 was removed by Council Regulation (EU, Euratom) 2017/1123 (5), thereby allowing the YEI to be extended to 2020 and the specific allocation for the YEI to be increased by an amount of EUR 1,2 billion in current prices for the period 2017-2020. The specific allocation for the YEI as set out in Articles 91(1) and 92(5) of Regulation (EU) No 1303/2013 should therefore be adjusted accordingly.

(9)

In accordance with Article 94(2) of Regulation (EU) No 1303/2013, the Commission accepted a proposal submitted by Denmark to transfer a part of its appropriations for the European territorial cooperation goal to the Investment for growth and jobs goal. That transfer should be reflected in an adjustment of the global resources available for the European territorial cooperation goal under Article 92(9) of that Regulation.

(10)

In accordance with the procedure set out in Article 19(1) of Regulation (EU, Euratom) No 1311/2013, Council Regulation (EU, Euratom) 2015/623 (6) transferred to subsequent years an amount of EUR 11 216 187 326 in current prices of the allocation provided for the Structural Funds and the Cohesion Fund. That transfer should be reflected in Annex VI to Regulation (EU) No 1303/2013 setting out the global annual breakdown of commitment appropriations for the years 2014 to 2020. In addition, an amount of EUR 9 446 050 652 in current prices of the allocation provided for the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund which could not be committed in 2014 nor carried over to 2015 was transferred to subsequent years.

(11)

In view of the need to ensure that the additional allocations made available for the 2017 budget year are financially committed, including through amendments to affected programmes, it was considered to be appropriate to provide for an exception to the 8-week period referred to in Article 4 of Protocol No 1 on the role of national Parliaments in the European Union, annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community.

(12)

Given the urgency of extending the programmes supporting the YEI, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union.

(13)

Regulation (EU) No 1303/2013 should therefore be amended,

(1)

in Article 91, paragraph 1 is replaced by the following:

(2)

Article 92 is amended as follows:

(3)

Annex VI is replaced by the text set out in the Annex to this Regulation.

(1)

In the Joint statement on European Union Development Policy entitled ‘The European Consensus’ (2), and in the Joint statement on ‘The New European Consensus on Development’ (3), the Council and the representatives of the governments of the Member States meeting within the Council, the European Parliament and the Commission recognised the link between security and development.

(2)

In the 2030 Agenda for Sustainable Development, adopted by a Resolution of the United Nations General Assembly on 25 September 2015, 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 was underlined. 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, to prevent violence and combat terrorism and crime’.

(3)

The primary objective of Union development policy is the reduction and, in the long term, the eradication of poverty.

(4)

In the High Level Meeting Communiqué of 19 February 2016, the Development Assistance Committee of the Organisation for Economic Cooperation and Development updated the reporting directives on Official Development Assistance in the field of peace and security. The financing of the actions undertaken in accordance with this Regulation constitutes Official Development Assistance when it fulfils the criteria set out in those reporting directives or any subsequent reporting directives, which the Development Assistance Committee is able to agree upon.

(5)

Giving support to security sector actors in third countries, including, under exceptional circumstances, the military, in a conflict prevention, crisis management or stabilisation context is essential to ensure appropriate conditions for poverty eradication and development. Good governance, effective democratic control and civilian oversight of the security system, including of 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.

(6)

In its conclusions of 19-20 December 2013 on Common Security and Defence Policy (CSDP), the European Council 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.

(7)

In the Joint Communication of 28 April 2015 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.

(8)

In line with the EU Comprehensive Approach and in order to maximise the impact, efficiency and consistency of EU support, the Council in its conclusions of 18 May 2015 on CSDP invited the Commission and the High Representative for Foreign Affairs and Security Policy to develop, in consultation with Member States, a Union-wide strategic framework to support security sector reform. That policy concept brings together CSDP and all other relevant tools of Common Foreign and Security Policy (CFSP) as well as development cooperation instruments, while respecting their respective legal bases, primary objectives and decision-making procedures.

(9)

Capacity building of military actors in third countries should be undertaken as part of the Union's development cooperation policy when it mainly pursues objectives in the field of development and as part of the Union's CFSP when it mainly pursues objectives in the field of peace and security, in compliance with Article 40 of the Treaty on European Union. This Regulation respects the application of the procedures and the extent of the powers of the institutions under the Union's development cooperation policy and the Union's CFSP.

(10)

Union assistance under this Regulation could cover the provision of capacity building programmes in support of development and security for development, including training, mentoring and advice on, for example, human rights, governance and the rule of law, the protection of women and children, civilian crisis response, human resources management and technical cooperation.

(11)

The Commission is to monitor measures under this Regulation closely. The Commission is to keep the European Parliament duly informed, in a timely manner, about the implementation of Union assistance pursuant to this Regulation. No later than 30 June 2020, the Commission is to evaluate the impact, effectiveness and coherence of measures pursuant to this Regulation with the SDG 16. To that end, the Commission is to associate all relevant stakeholders, including civil society organisations and local authorities, in the evaluation phase ensuring they play a meaningful role in the process. The Commission is to undertake, where appropriate, joint evaluations with Member States. The results are to inform programme design and resource allocation, and to further enhance the consistency and complementarity of the Union's external action.

(12)

Regulation (EU) No 230/2014 of the European Parliament and of the Council (4) should therefore be amended accordingly,

(1)

in Article 1(2), the following subparagraph 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 the context of a wider security sector reform process or capacity building in support of development and security for development in third countries, in line with the overarching objective of achieving sustainable development.’;

(2)

the following Article is inserted:

(3)

in Article 7, paragraph 1 is replaced by the following:

(4)

in Article 8, paragraph 1 is replaced by the following:

(5)

in Article 10, paragraph 1 is replaced by the following:

(6)

in Article 13, the following paragraph is added: