Explanatory Memorandum to COM(2023)530 - Amending budget N° 4 to the budget 2023 Reduction in payment appropriations Other adjustments and technical updates

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1. Introduction

The purpose of Draft Amending Budget (DAB) No 4 for the year 2023 is to update the expenditure side of the budget for the following purposes:

–To reduce the appropriations of the International Thermonuclear Experimental Reactor (ITER) project by EUR 280 million in commitment and EUR 264 million in payment appropriations, due to the delays accrued in the implementation of the project, which will not be possible to be caught up later this year;

–To decrease the level of payment appropriations for the Digital Europe Programme (DEP), the European Regional Development Fund (ERDF), the European Social Fund Plus (ESF+), the European Agricultural Fund for Rural Development (EAFRD) and the Asylum, Migration and Integration Fund (AMIF) for a total amount of EUR 3 billion. These amounts could not be included in the redeployments proposed in the ‘Global transfer’ (DEC 13/2023) submitted to Parliament and Council on 27 September 2023;

–To adjust the level of administrative expenditure, pensions and European Schools in heading 7 and increase the level of appropriations by EUR 32,5 million as a result of salary revision, higher number of pension beneficiaries, and continued high energy prices;

–To allow the European External Action Service (EEAS) to recruit 20 cost-free seconded national experts for Military Planning and Conduct Capability (MPCC) without impact on the level of appropriations in 2023;

–To adjust the EU contribution and the number of posts of the European Public Prosecutor's Office (EPPO) to reinforce its security and cybersecurity;

–To adjust the EU contribution to the European Environment Agency to take account of the ongoing negotiations on the Nature restoration law proposal;

Overall, the net impact of this DAB on expenditure amounts to a decrease of EUR 247,5 million in commitment appropriations and of EUR 3 254,8 million in payment appropriations.

1.

2. Reduction of the appropriations of the ITER project


The ITER project experienced increasing difficulties in its implementation in the course of the year, notably due to essential repair needs on some parts. The project is undergoing a full re-baselining exercise whose adoption by the ITER Council is foreseen in November 2024. This situation leads to an important reduction of the needs in 2023 in both commitment and payment appropriations. Consequently the Commission proposes to reduce the level of appropriations in this DAB by EUR 280 million in commitment and EUR 264 million in payment appropriations.

Budget lineNameCommitment appropriationsPayment appropriations
01 04 01Construction, operation and exploitation of the ITER facilities — European Joint Undertaking for ITER — and the Development of Fusion Energy-280 000 000-264 000 000
Total-280 000 000-264 000 000

2.

3. Reduced needs in payment appropriations


The ‘Global transfer’ is an annual exercise organised within the Commission for which all Directorates Generals and Services are requested to review by early September their respective payment implementation of the current budget until the end of the year concerned. This exercise aims to ensure maximum implementation of the budget in payment appropriations at the end of the year by matching additional needs with expected under-implementation. An ad hoc request for transfer in accordance with Article 31 of the Financial Regulation 7 is annually submitted to the European Parliament and to the Council as a result.

The ‘Global transfer’ exercise showed under-implementation of some programmes of nearly EUR 4,6 billion, which was partly balanced by requests for reinforcements of about EUR 1,6 billion. The remaining balance of EUR 3 billion cannot be absorbed in 2023 and will need to be reduced to avoid an expenditure surplus at the end of the year. Consequently, the Commission proposes to reduce the level of payment appropriations of the Digital Europe Programme (DEP), the European Regional Development Fund (ERDF), the European Social Fund Plus (ESF+), the European Agricultural Fund for Rural Development (EAFRD) and the Asylum, Migration and Integration Fund (AMIF) as follows:

·DEP by EUR 348,6 million

·ERDF by EUR 1 081,3 million

·ESF+ by EUR 650 million

·EAFRD by EUR 685 million

·AMIF by EUR 259 million

DEP is a new programme. Contrary to well-established programmes, DEP targets beneficiaries which are much less familiar with EU funding rules; leading to partial undersubscription, sometimes also due to the sensitivity of cybersecurity issues and delayed commitments by Member States (50% co-investments are expected to come from the national budgets). Moreover, checks imposed in particular by Article 12 of the DEP Regulation 8 on participation restrictions have proven to be time consuming and sometimes delayed the signature of grant agreements and some large procurement files. This led to surpluses in payment appropriations.

With respect to the ERDF and the ESF+, the decrease of EUR 1,72 billion in payment appropriations is explained by the late adoption of the 2021-27 programmes, for which no programmes were adopted in the first year of the MFF. Most adoptions (61% of programmes) took place during the last quarter of 2022 and six programmes remained to be adopted in 2023.

While Member States’ authorities are focusing their efforts on finalising implementation of their 2014-20 programmes (including REACT-EU) and the Recovery and Resilience Facility (RRF), this delayed programming is negatively impacting the pace of implementation of the 2021-27 period and the level of expected claims to be received before the end of 2023. The delay is also reflected in the latest update of Member States’ forecasts from July 2023, which were EUR 2,1 billion (-41%) lower than the ones submitted in January 2023. The reduction proposed by the Commission therefore takes into account the Member States’ forecast, the level of project selection on the ground, the pipeline of expenditure declared by beneficiaries and the state of play for the fulfilment of enabling conditions for all programmes.

Additonally, the Commission proposes a reduction of EUR 10,8 million in payment appropriations for the completion line on Innovative actions in the field of sustainable urban development. The implementation of this initiative was faster than expected and in 2022 the initial budget of EUR 31,8 million was reinforced by EUR 20,2 million via internal Commission transfers. as a result, the payment needs for 2023 are lower than initally included in the 2023 budget.

With respect to the EAFRD, the Commission has made an analysis of the declarations of expenditure received so far and the Member States' most recent forecasts submitted by the end of August 2023. The execution of EAFRD 2023-2027 is slower than expected and lower than indicated in the previous forecasts of the Member States. The expected under-implementation is due to two factors. First, Member States concentrate their efforts on maximising the implementation of the EAFRD 2014-2022 to avoid de-commitments. Second, Member States prioritise the implementation of projects supported by NGEU. As a result, an aggregate net surplus of EUR 685 million in payment appropriations cannot be implemented this year.

For the AMIF, overall payment needs related to Emergency Assistance are lower than initally estimated. In particular, a number of high-value invoices are still under analysis and some payment conditionality requirements are not yet met for certain projects. Pending submission of complementary supporting documents, the corresponding payments are then delayed to 2024. In addition, a lower clearance of accounts than foreseen will be carried out, thereby delaying further payments to 2024.

The detailed reduction in payment appropriations requested in this DAB is set out below:

EUR
Budget lineNameCommitment appropriationsPayment appropriations
Section III – Commission
02 04 01 11European Cybersecurity Industrial, Technology and Research Competence Centre0- 65 653 251
02 04 02 10High-performance computing0- 24 803 554
02 04 03Artificial intelligence0- 156 431 542
02 04 04Skills0- 49 440 166
02 04 05 01Deployment0- 45 500 204
02 04 05 02Deployment / Interoperability0- 6 731 567
05 02 01ERDF — Operational expenditure0- 1 070 000 000
05 02 99 03Completion of the ERDF — Article 25 — Article 11 (prior to 2021)0- 439 426
05 02 99 04Completion of the ERDF — Innovative actions in the field of sustainable urban development (prior to 2021)0- 10 830 465
07 02 01ESF+ shared management strand — Operational expenditure0- 650 000 000
08 03 01 01Rural development types of interventions under the CAP Strategic Plans0- 685 000 000
10 02 99 01Completion of previous actions in the areas of migration (prior to 2021)0- 259 000 000
Total 0-3 023 830 175


3.

4. European Public Administration


In this DAB 4/2023, the Commission proposes adjustments to the heading 7 “European Public Administration”, notably in relation to the impact of the increased salary adjustment on administrative expenditure: 2,7 % (i.e. 1,0 % residual update after the first update of 1,7 % from 1 January) instead of +2,6 % to be applied retroactively as from 1 July 2023 as used in the 2023 budget, a higher number of new pension beneficiaries in comparison with the estimates when the 2023 budget was established, and the impact of continued high energy prices.


4.

Administrative expenditure of the Institutions


High inflation, continued high energy prices and the evolution on the purchasing power of the civil servants in Member States have a major impact on the administrative expenditure of the institutions, as well as on pensions and European schools.

In accordance with Articles 64 and 65 of the Staff Regulations, the remuneration of the officials and other servants of the European Union is updated each year, in the light of a report presented by the Commission, based on statistical data prepared by Eurostat in agreement with the national statistical offices of the Member States, reflecting the situation in the Member States as at 1 July. The calculation of the update is based on the principle of parallelism between the evolution of real (net of inflation) remuneration of EU officials and national civil servants of the Member States. It reflects the combined effect of two main variables:

¾The annual evolution of real salaries of civil servants in the central governments of a sample of 10 Member States representing more than 75 % of the Union GDP.

¾Annual inflation in Brussels and Luxembourg calculated by weighting national consumer price inflation as measured by the Belgium HICP and Luxembourg CPI according to the distribution of EU staff serving in those Member States.

In the 2023 budget, the forecasted salary update rate to be applied retroactively as from 1 July 2023 was 2,6 % (6 months impact). This rate was calculated by the Commission services in November 2022, based on the estimated evolution of the purchasing power and cost of living for the reference period (1.7.2022 - 30.6.2023), according to the method prescribed in the Staff Regulations.

In line with the provisions set out in Annex XI of the Staff Regulations, the Eurostat report for the current exercise will be issued on 31 October 2023, and it will set out the adjustment of the nominal net remuneration of EU officials in Brussels and Luxembourg with effect from July 2023 in order to maintain a parallel development of purchasing power with the civil servants in the Member States. Whereas the Commission report 9 to the Council and the European Parliament will be adopted in November, it is appropriate to review the situation, and without prejudice to that final report, the probability of a salary update slightly higher than that used to establish the budget 2023 is high. Notably, the joint Belgium and Luxembourg index (JBLI) for the relevant period is significantly higher than originally forecast (4,6 %). At the same time, it is estimated that the purchasing power in the ten reference Member States will decrease by -1,8 %, thus leading to a total update rate of 2,7 %.

Since the timing of the report is clearly set out in Annex XI of the Staff Regulations as end October, it would be too late to formally propose an amending budget after the rate is finalised. However, in accordance with the budgetary principles of sound financial management and realistic budgeting, a proposal to increase the budgetary appropriations related to salaries and pensions is justified.

The Commission has tried to contain its administrative expenditure by maintaining a strict stable staffing policy and by applying substantial reductions in non-salary related expenditure, such as for meetings and committees, to the fullest extent possible. Therefore no additional appropriations are requested for the Commission as regards the higher salary update rate.

Similarly, the other institutions have made all possible efforts to cover additional needs by redeployment of existing resources and by postponing non-obligatory investments. Nonetheless, it is necessary to reinforce the administrative expenditure for the Committee of the Regions and the European External Action Service by respectively EUR 300 000 and EUR 1,8 million. For the other institutions no reinforcement is required.

In addition to the above elements, the continued high level of energy prices has led to additional expenditure until end 2023, which will be met to the greatest extent possible by redeployment and transfers. However, in the case of the Committee of the Regions, a reinforcement of EUR 250 000 for energy expenditure is required in order to fulfil all related contractual obligations.

5.

Pensions


With respect to pension expenditure, the projection of the needs until end 2023 shows a deficit of
EUR 49,1 million, due to several elements that lead to an increase in the forecasted pension expenditure for 2023:

·A significant shortfall in appropriations for retirement pensions due to the fact that the number of pension beneficiaries at the end of 2022 was higher by 238 than estimated in the budget 2023; 39% of this increase related to beneficiaries from decentralised agencies.

·A likely similar higher increase of pension beneficiaries during the course of 2023 in comparison with the assumptions used in budget 2023, given that in September the number of additional old-age pension beneficiaries since January 2023 is already close to the total increase estimated for 2023, while the number of beneficiaries receiving an invalidity allocation has exceeded the forecast by more than 50 %.

·The impact of the change in the annual adjustment for pensions described above, including the additional needs for 6 months due to the intermediate pension update of 1,7 % as of 1 January 2023.

The above elements lead to an overall deficit of EUR 61,1 million for pension expenditure. Part of this deficit is compensated by a surplus of about EUR 12 million stemming from lower than anticipated payments related to correction coefficients for pensioners. The correction coefficients 10 are adjusted at the same time as salaries and pensions to ensure purchasing power parity across all Member States in which retired staff reside.

Additionally, it is proposed to redeploy EUR 27,6 million from the budget lines for staff remuneration as the higher increase of retirements has led mechanically to a margin of manoeuvre, which will allow for such a transfer of appropriations. Overall, the net request for reinforcement amounts therefore to EUR 21,5 million.

6.

European Schools


A reinforcement of EUR 8,7 million is requested for the European Schools to cover the impact of the additional needs for 6 months due to the intermediate salary update as of 1 January 2023 and continued high energy prices.

7.

Overall and detailed impact by Sections


Overall, the proposal is to increase the non-differentiated expenditure of heading 7 (European Public Administration) by EUR 32,5 million for 2023. It corresponds to an increase of EUR 2,4 million for the administrative expenditure of the other Institutions, EUR 49,1 million for pensions of all institutions and EUR 8,7 million for the European Schools. The increases are compensated by a decrease of administrative expenditure of the Commission for EUR 27,6 million.

The overall impact on expenditure is as follows:

Amounts in EUR
Budget 2023 (incl. ABs 1-2/2023 and DAB 3/2023)Draft Amending Budget 4/2023Budget 2023
Pensions and European Schools2 566 476 00057 787 126

2 624 263 126
Pensions2 341 995 00049 100 0002 391 095 000
European Schools (COM)224 481 0008 687 126233 168 126
Administrative expenditure of the institutions8 746 725 376-25 269 0008 721 456 376
Commission4 059 678 702-27 619 0004 032 059 702
Other institutions4 687 046 6742 350 0004 689 396 674
European Parliament2 247 134 55002 247 134 550
Council647 908 7570647 908 757
Court of Justice of the European Union486 025 7960486 025 796
Court of Auditors175 059 9220175 059 922
European Economic and Social Committee158 767 9700158 767 970
Committee of the Regions116 125 392550 000116 675 392
European Ombudsman13 212 447013 212 447
European Data Protection Supervisor22 711 559022 711 559
European External Action Service820 100 2811 800 000821 900 281
Total11 313 201 37632 518 12611 345 719 502

The detailed impact by Sections is as follows:

Section III – European Commission

Amounts in EUR
Budget lineNameCommitment appropriationsPayment appropriations
20 01 02 01Remuneration and allowances — Headquarters and Representation offices-27 619 000-27 619 000
21 01 01Pensions and allowances49 100 00049 100 000
21 02 01 01Office of the Secretary-General of the European Schools (Brussels)1 062 9191 062 919
21 02 01 02Bruxelles I688 850688 850
21 02 01 03Bruxelles II2 533 2482 533 248
21 02 01 04Bruxelles III163 514163 514
21 02 01 05Bruxelles IV667 530667 530
21 02 01 06Luxembourg I1 591 7251 591 725
21 02 01 07Luxembourg II
21 02 01 08Mol1 751 0401 751 040
21 02 01 09Frankfurt
21 02 01 10Karlsruhe102 831102 831
21 02 01 11München21 96721 967
21 02 01 12Alicante43 50243 502
21 02 01 13Varese60 00060 000
21 02 01 14Bergen
Total 30 168 12630 168 126


8.

Section VII - European Committee of the Regions


Amounts in EUR
Budget lineNameCommitment appropriationsPayment appropriations
1 2 0 0Remuneration and allowances300 000300 000
2 0 2 4Energy consumption250 000250 000
Total 550 000550 000

9.

Section X - European External Action Service


Amounts in EUR
Budget lineNameCommitment appropriationsPayment appropriations
3 0 0 0Remuneration and entitlements of statutory staff1 800 0001 800 000
Total 1 800 0001 800 000

10.

5. European External Action Service (EEAS)


Following the adoption by the Council of the addendum to the European Union Military Staff (EUMS) Terms of Reference and Organisation ST 9762/17 of 9 June 2017, and in line with the development of the Military Planning and Conduct Capability (MPCC) as foreseen in the MPCC Roadmap, the EEAS increases its Military Seconded National Experts (SNEs) in the MPCC staff with +20 (cost-free) positions.

This operation will be budgetary neutral, and any overhead or any ancillary costs related to these SNEs in 2023 will be absorbed by the EEAS budget.

6. European Public Prosecutor’s Office (EPPO)

The Commission is proposing to increase the level of appropriations for the security of the building and of the IT systems of EPPO. The complex and sensitive files managed by EPPO require a reinforcement of the security of the building and of the IT systems of the agency to which eight additional Temporary Agents are proposed to be allocated. The budget of the EPPO is thus proposed to be increased by EUR 500 000 in commitment and payment appropriations to cover the expenditure in year 2023 of the salaries of the new staff and considering the recruitment will start only towards the end of 2023. To cover for the additional apprioriations, one source of redeployment has been identified within sub-heading 2b. An amount of EUR 500 000 in commitment appropriations is therefore proposed to be released from the prerogative line covering expenditure related to supporting analytical studies in the field of employment and social affairs, and analyses of and studies on the social situation, demography and demographic change and family.

EUR
Budget lineNameCommitment appropriationsPayment appropriations
Section III – Commission
07 10 08European Public Prosecutor's Office (EPPO)500 000500 000
07 20 04 08Analysis of and studies on the social situation, demography and the family- 500 000
0
Total 0500 000

The related changes to the establishment plan are set out in the budgetary annex.

11.

7. European Environment Agency (EEA)


The Commission proposal for the Nature Restoration Law 11 included new tasks for the European Environment Agency, which were expected to require an amount of EUR 2 301 604 in 2023, offset from the LIFE programme. In accordance with Article 49 of the Financial Regulation, this amount was entered into the reserve (the ‘provisions’ title). In view of the fact that interinstitutional negotiations on the Nature Restoration Law proposal are still ongoing, the Commission proposes to return the 2023 allocation to the LIFE programme as follows:

EUR
Budget lineNameCommitment appropriationsPayment appropriations
Section III – Commission
09 02 02Circular economy and quality of life2 301 6042 301 604
30 02 02Differentiated appropriations (Reserve for budget article 09 10 02)- 2 301 604
- 2 301 604
Total 00

12.

8. Financing


Overall, the net impact of this DAB is a decrease of EUR 247,5 million in commitment appropriations and of EUR 3 254,8 million in payment appropriations under the 2023 budget.


13.

9. Summary table by MFF heading


Budget 2023 (incl. ABs 1-3/2023)Draft Amending Budget 4/2023Budget 2023 (incl. ABs 1-3/2023 and DAB 4/2023)
CAPACAPACAPA
1.Single Market, Innovation and Digital21 695 056 58920 802 892 074-280 000 000-612 560 28421 415 056 58920 190 331 790
Of which under Flexibility Instrument
Ceiling21 727 000 00021 727 000 000
Margin31 943 411280 000 000311 943 411
2.Cohesion, Resilience and Values70 586 704 06358 058 661 399-1 730 769 89170 586 704 06356 327 891 508
Of which under Flexibility Instrument182 220 073182 220 073
Of which under Single Margin Instrument 11(1)(a)280 000 000280 000 000
Ceiling70 137 000 00070 137 000 000
Margin12 516 01012 516 010
2a.Economic, social and territorial cohesion62 926 483 99050 874 959 229-1 731 269 89162 926 483 99049 143 689 338
Of which under Flexibility Instrument
Ceiling62 939 000 00062 939 000 000
Margin12 516 01012 516 010
2b.Resilience and values7 660 220 0737 183 702 170500 0007 660 220 0737 184 202 170
Of which under Flexibility Instrument182 220 073182 220 073
Of which under Single Margin Instrument 11(1)(a)280 000 000280 000 000
Ceiling7 198 000 0007 198 000 000
Margin
3.Natural Resources and Environment57 218 143 22557 432 545 265-685 000 00057 218 143 22556 747 545 265
Of which under Flexibility Instrument
Ceiling57 295 000 00057 295 000 000
Margin76 856 77576 856 775
Of which: Market related expenditure and direct payments40 692 21140 698 181 35640 692 21140 698 181 356
EAGF sub-ceiling41 518 000 00041 518 000 000
Rounding difference excluded for calculating the sub-margin800 000800 000
Net transfers between EAGF and EAFRD-825 800 000-825 800 000
Net balance available for EAGF expenditure (sub-ceiling corrected by transfers between EAGF and EAFRD)40 693 000 00040 693 000 000
EAGF sub-margin789 000789 000
4.Migration and Border Management3 727 311 5183 038 380 252-259 000 0003 727 311 5182 779 380 252
Of which under Flexibility Instrument
Ceiling3 814 000 0003 814 000 000
Margin86 688 48286 688 482
5.Security and Defence2 116 636 8291 137 374 6122 116 636 8291 137 374 612
Of which under Flexibility Instrument170 636 829170 636 829
Ceiling1 946 000 0001 946 000 000
Margin
6.Neighbourhood and the World17 211 879 47813 994 937 84517 211 879 47813 994 937 845
Of which under Flexibility Instrument882 879 478882 879 478
Ceiling16 329 000 00016 329 000 000
Margin
7.European Public Administration11 313 201 37511 313 201 37532 518 12632 518 12611 345 719 50111 345 719 501
Of which under Flexibility Instrument
Ceiling11 419 000 00011 419 000 000
Margin105 798 625-32 518 12673 280 499
of which: Administrative expenditure of the institutions8 745 681 8998 745 681 899-25 269 000-25 269 0008 720 412 8998 720 412 899
Sub-ceiling8 772 000 0008 772 000 000
Sub-margin26 318 10125 269 00051 587 101
Appropriations for headings183 868 933 077165 777 992 822-247 481 874-3 254 812 049183 621 451 203162 523 180 773
Ceiling182 667 000 000168 575 000 000182 667 000 000168 575 000 000
Of which under Flexibility Instrument1 235 736 380948 114 7331 235 736 380948 114 733
Of which under Single Margin Instrument 11(1)(a)280 000 000280 000 000
Margin313 803 3033 745 121 911247 481 8743 254 812 049561 285 1776 999 933 960
Thematic special instruments2 855 153 0292 679 794 0002 855 153 0292 679 794 000
Total appropriations186 724 086 106168 457 786 822-247 481 874-3 254 812 049186 476 604 232165 202 974 773


(1) Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union and repealing Decision 2014/335/EU, Euratom, OJ L 424, 15.12.2020.
(2) Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012, OJ L 193, 30.7.2018.
(3) OJ L 58, 22.2.2023.
(4) OJ L 189, 27.7.2023.
(5) OJ L 232, 20.9.2023.
(6) COM(2023) 406, 3.7.2023.
(7) OJ L 193, 30.7.2018.
(8) Regulation (EU) 2021/694 of the European Parliament and of the Council of 29 April 2021 establishing the Digital Europe Programme and repealing Decision (EU) 2015/2240, OJ L 166, 11.5.2021, p. 1–34.
(9) Article 65(1) of the Staff Regulations and the Conditions of Employment of Other Servants of the European Union (SR) obliges the Commission to provide data pertaining to the budgetary impact of remuneration and pensions of Union officials in the light of the 2023 update of the remuneration and pensions of the officials and other servants of the EU and the correction coefficients applied thereto.
(10) Following the 2004 reform of the Staff Regulations, correction coefficients for retired staff are only applied to pension rights acquired before 2004.
(11) COM(2022) 304, 22.06.2022.