Legal provisions of COM(2020)484 - Commitment of the funds stemming from reflows under the ACP Investment Facility from operations under the 9th, 10th and 11th European Development Funds

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dossier COM(2020)484 - Commitment of the funds stemming from reflows under the ACP Investment Facility from operations under the 9th, 10th and 11th ...
document COM(2020)484 EN
date December 23, 2020

Contents

Article 1

For operations under the ACP Investment Facility, the period laid down in Article 1(5) of the 11th EDF Internal Agreement, during which the funds stemming from reflows under the ACP Investment Facility from operations under the 9th, 10th, and 11th European Development Funds may be committed, is extended until 30 June 2021, or until the entry into force of a regulation establishing the external financing instrument, whichever is the later, and in any case no later than 30 November 2021, to allow for new commitments of reflows under the ACP Investment Facility.

Article 2

1. The funds stemming from reflows under the ACP Investment Facility from operations under the 9th, 10th, and 11th European Development Funds after 30 June 2021 shall constitute contributions to the external financing instrument in the form of external assigned revenues for the purpose of providing funding through the EIB by means of budgetary guarantees and blending operations under the EFSD+, an External Action Guarantee and financial instruments or any other non-repayable form of support in accordance with the principles, objectives and governance of the EFSD+.

2. Without prejudice to the decisions to be taken with respect to the subsequent multiannual financial frameworks, after 31 December 2027, and until the depletion of the reflows, the funds stemming from reflows shall constitute contributions to subsequent Union external financing instruments which replace the external financing instrument.

3. For the purposes of this Decision, ‘reflows’ means any income, including dividends, capital gains, guarantee fees and interest on loans, on amounts on any account opened for the purpose of recording cash held for the account of the ACP Investment Facility. It also means remuneration from treasury investments, and repayments, including capital repayments, guarantees released and repayment of the principal of loans resulting from operations under the ACP Investment Facility. Funds stemming from the decommitment of reflows shall also be considered to be reflows.

4. Reflows shall be subject to the applicable rules and procedures of the external financing instrument.

Article 3

The contributions shall be earmarked for ACP countries.

Article 4

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

It shall apply from 1 January 2021, except for Article 2, which shall apply from 1 July 2021 or from the entry into force of a regulation establishing the external financing instrument, whichever is the later.