Explanatory Memorandum to COM(2016)654 - Financial contributions to be paid by Member States to finance the European Development Fund, including ceiling for 2018 and annual amount plus first instalment for 2017 - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2016)654 - Financial contributions to be paid by Member States to finance the European Development Fund, including ceiling for 2018 and ... |
|---|---|
| source | COM(2016)654  |
| date | 14-10-2016 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
The proposal covers:
– The ceiling for the annual amount of the contributions for 2018;
– The annual amount of the contributions for 2017;
– The amount of the first instalment of the contribution for 2017.
The 11th European Development Fund (EDF) and other EDF funds which are still open (i.e. 8th, 9th and 10th EDF) are managed under the following set of rules:
The current Partnership Agreement between the members of the African, Caribbean and Pacific 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 ,
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),
Council Regulation (EU) 2015/323 on the Financial Regulation applicable to the 11th European Development Fund 3 ("the 11th EDF Financial Regulation").
The documents mentioned above contain multi-annual commitments by Member States to support financially the EDF treasury. The 11th EDF Financial Regulation provides for regular contributions to be made by Member States to the EDF treasury against pre-determined financial commitments. Regular contributions are triggered by technical Council Decisions which 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.
• Consistency with existing policy provisions in the policy area
Refer to point 1. Reasons for and objectives of the proposal.
• Consistency with other Union policies
Refer to point 1. Reasons for and objectives of the proposal.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
In accordance with Article 21(7) of the 11th EDF Financial Regulation, the amount managed by the Commission and the amount managed by the European Investment Bank (EIB) are specified separately.
In accordance with Article 52 of the 11th EDF Financial Regulation, the EIB has sent the Commission its updated estimates of commitments and payments under the instruments it manages.
In accordance with Article 22(1) of the 11th Financial Regulation calls for contributions shall first use up the amounts available from previous EDFs, one after the other. The calls for contributions in this proposal therefore concern amounts under the 10th EDF for both the EIB and the Commission.
In accordance with Article 21(5) of the 11th EDF Financial Regulation, the Council shall decide on this proposal at the latest 21 calendar days following the presentation by the Commission of its proposal.
In accordance with Article 1 of Council Decision 2013/759/EU establishing the Bridging Facility 4 , the shares of Member States’ contributions set out in Article 1(2) (a) of the Internal Agreements of the 8th, 9th and 10th EDF shall be reduced accordingly, after the entry into force of the 11th EDF Internal Agreement. The reduction will have an impact on 2015, 2016 and 2017 Member States' contributions according to the option for adjustment chosen by each Member States.
Article 23(1) of the 11th EDF Financial Regulation provides that a Member State which fails to pay the instalment of the contribution due by the deadline will be required to pay interest on the amount unpaid; the arrangements for the payment of interest are specified in the same Article.
• Subsidiarity (for non-exclusive competence)
Refer to point 1. Reasons for and objectives of the proposal.
• Proportionality
Refer to point 1. Reasons for and objectives of the proposal.
• Choice of the instrument
Refer to point 1. Reasons for and objectives of the proposal.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
Not relevant
• Stakeholder consultations
Not relevant
• Collection and use of expertise
Not relevant
• Impact assessment
Not relevant
• Regulatory fitness and simplification
Not relevant
• Fundamental rights
Not relevant
4. BUDGETARY IMPLICATIONS
Not relevant
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
Not relevant
• Explanatory documents (for directives)
Not relevant
• Detailed explanation of the specific provisions of the proposal
Not relevant