Annexes to COM(2019)399 - Amending Regulation (EC) No 2012/2002 in order to provide financial assistance to Member States to cover serious financial burden inflicted on them following a no-deal Brexit

Please note

This page contains a limited version of this dossier in the EU Monitor.

agreement

1.2.Policy area(s) concerned 

13. Regional policy; 13 06 01. Assistance to Member States in the event of a major natural disaster with serious repercussions on living conditions, the natural environment or the economy

1.3.Grounds for the proposal/initiative 

1.3.1.Requirement(s) to be met in the short or long term including a detailed timeline for roll-out of the implementation of the initiative

This Regulation shall enter into force on the […] day following that of its publication in the Official Journal of the European Union.

It shall apply from the date following that on which the Treaties cease to apply to the United Kingdom pursuant to Article 50(3) TEU.

This Regulation shall not apply if a withdrawal agreement concluded with the United Kingdom in accordance with Article 50(2) TEU has entered into force by that date.

1.3.2.Added value of Union involvement (it may result from different factors, e.g. coordination gains, legal certainty, greater effectiveness or complementarities). For the purposes of this point 'added value of Union involvement' is the value resulting from Union intervention which is additional to the value that would have been otherwise created by Member States alone.

The reason for setting up the EU Solidarity Fund (EUSF) is to demonstrate solidarity with Member States affected by a serious crisis induced by the occurrence of a severe natural disaster and deemed to overwhelm the Member State’s budgetary response capacity. This proposal extends that logic to the financial burden resulting from the withdrawal of the United Kingdom from the Union without a withdrawal agreement.

1.3.3.Lessons learned from similar experiences in the past

The EUSF has proven to be a very effective instrument in providing assistance to Member States following natural disasters as set out by a major evaluation of the Fund 14 .

1.3.4.Compatibility with the Multiannual Financial Framework and possible synergies with other appropriate instruments

The specific provisions of this Regulation regarding the withdrawal of the United Kingdom without an agreement are limited in time and concern the budgetary years 2019 and 2020 only. It remains within the maximum allocations provided for the EUSF for those years and is therefore compatible with the MFF.

1.3.5.Assessment of the different available financing options, including scope for redeployment

This Regulation will not increase the maximum allocation to the EUSF. The Union contribution to the interventions will be financed via the general budget of the Union.


1.4.Duration and financial impact of the proposal/initiative

–Proposal of limited duration. The proposal concerns the years 2019 and 2020. Applications will be accepted between 1 November 2019 and 30 April 2020.

–The ceiling will be 50% of the maximum allocation of the EUSF for 2019 and 2020 totalling EUR 591.65 million (EUR 292.9 million for 2019 plus EUR 298.75 million for 2020).

1.5.Management mode(s) planned 15  

◻ Direct management by the Commission

–◻ by its departments, including by its staff in the Union delegations;

–◻    by the executive agencies

X Shared management with the Member States

◻ Indirect management by entrusting budget implementation tasks to:

–◻ third countries or the bodies they have designated;

–◻ international organisations and their agencies (to be specified);

–◻ the EIB and the European Investment Fund;

–◻ bodies referred to in Articles 70 and 71 of the Financial Regulation;

–◻ public law bodies;

–◻ bodies governed by private law with a public service mission to the extent that they provide adequate financial guarantees;

–◻ bodies governed by the private law of a Member State that are entrusted with the implementation of a public-private partnership and that provide adequate financial guarantees;

–◻ persons entrusted with the implementation of specific actions in the CFSP pursuant to Title V of the TEU, and identified in the relevant basic act.

–If more than one management mode is indicated, please provide details in the ‘Comments’ section.

Comments

N/A

2. MANAGEMENT MEASURES 

2.1.Monitoring and reporting rules 

Specify frequency and conditions.

The same as laid down in Council Regulation (EC) No 2012/2002 (for natural disasters)

2.2.Management and control system(s) 

2.2.1.Justification of the management mode(s), the funding implementation mechanism(s), the payment modalities and the control strategy proposed

The same as laid down in Council Regulation (EC) No 2012/2002

2.2.2.Information concerning the risks identified and the internal control system(s) set up to mitigate them

The same as laid down in Council Regulation (EC) No 2012/2002

2.2.3.Estimation and justification of the cost-effectiveness of the controls (ratio of "control costs ÷ value of the related funds managed"), and assessment of the expected levels of risk of error (at payment & at closure) 

The same as laid down in Council Regulation (EC) No 2012/2002

2.3.Measures to prevent fraud and irregularities 

Specify existing or envisaged prevention and protection measures, e.g. from the Anti-Fraud Strategy.

The same as laid down in Council Regulation (EC) No 2012/2002

3. ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE 

3.1.Heading(s) of the multiannual financial framework and expenditure budget line(s) affected 

·Existing budget lines

In order of multiannual financial framework headings and budget lines.

Heading of multiannual financial frameworkBudget lineType of
expenditure
Contribution
NumberDiff./Non-diff. 16from EFTA countries 17

from candidate countries 18

from third countrieswithin the meaning of Article 21(2)(b) of the Financial Regulation
Heading 9: Special Instruments
13 06 01 - Assistance to Member States in the event of a major natural disaster with serious repercussions on living conditions, the natural environment or the economy

DifferentiatedNONONONO

3.2.Estimated financial impact of the proposal on appropriations 

3.2.1.Summary of estimated impact on operational appropriations 

–◻    This Regulation has no financial impact.

X    The proposal/initiative requires the use of operational appropriations, as explained below:


The specific provisions of this Regulation regarding the withdrawal of the United Kingdom without an agreement are limited in time and concern the budgetary years 2019 and 2020 only.

It shall apply from the date following that on which the Treaties cease to apply to the United Kingdom pursuant to Article 50(3) TEU.

Applications will be accepted between 1 November 2019 and 30 April 2020.

The ceiling will be 50% of the maximum allocation of the EUSF for 2019 and 2020 totalling EUR 591.65 million (EUR 292.9 million for 2019 plus EUR 298.75 million for 2020).

This Regulation shall not apply if a withdrawal agreement concluded with the United Kingdom in accordance with Article 50(2) TEU has entered into force by that date.

Furthermore, the additional advances require EUR 50 million in commitment and payment appropriations from 2020 onwards.

The overall proposal remain within the maximum allocations provided for the EUSF and is therefore compatible with the MFF.


EUR

Heading of multiannual financial
framework
9Special Instruments

2019202020212022
2023

Subsequent years
TOTAL
• Operational appropiation
13 06 01 - Assistance to Member States in the event of a major natural disaster with serious repercussions on living conditions, the natural environment or the economyCommitments(1a)
Payments(2a)
TOTAL appropriationsCommitments=1a+1b +3
Payments=2a+2b

+3


• TOTAL operational appropriations
Commitments(4)
Payments(5)
• TOTAL appropriations of an administrative nature financed from the envelope for specific programmes
(6)
TOTAL appropriations
under HEADING 9
of the multiannual financial framework
Commitments=4+ 6
Payments=5+ 6


If more than one operational heading is affected by the proposal / initiative, repeat the section above:


Heading of multiannual financial
framework

This section should be filled in using the 'budget data of an administrative nature' to be firstly introduced in the Annex to the Legislative Financial Statement (Annex V to the internal rules), which is uploaded to DECIDE for interservice consultation purposes.

EUR million (to three decimal places)

Year
N
Year
N+1
Year
N+2
Year
N+3
Enter as many years as necessary to show the duration of the impact (see point 1.6)TOTAL
DG: <…….>
• Human resources
• Other administrative expenditure
TOTAL DG <…….>Appropriations

TOTAL appropriations
under HEADING 5
of the multiannual financial framework 
(Total commitments = Total payments)

EUR million (to three decimal places)

Year
N 19
Year
N+1
Year
N+2
Year
N+3
Enter as many years as necessary to show the duration of the impact (see point 1.6)TOTAL
TOTAL appropriations
under HEADINGS 1 to 5
of the multiannual financial framework
Commitments
Payments


3.2.2.Estimated output funded with operational appropriations 

Commitment appropriations in EUR million (to three decimal places)

Indicate objectives and outputs



Year
2020
YearYearEnter as many years as necessary to show the duration of the impact (see point 1.6)TOTAL
OUTPUTS
Type 20

Average costNoCostNoCostNoCostNoCostNoCostNoCostNoCostTotal NoTotal cost
SPECIFIC OBJECTIVE No 1 21
- Output
- Output
- Output
Subtotal for specific objective No 1
SPECIFIC OBJECTIVE No 2 ...
- Output
Subtotal for specific objective No 2
TOTALS

3.2.3.Summary of estimated impact on administrative appropriations 

–⌧    The proposal/initiative does not require the use of appropriations of an administrative nature

–The appropriations required for human resources and other expenditure of an administrative nature will be met by appropriations from the managing DG that are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the DG under the annual allocation procedure and in the light of budgetary constraints.

–◻    The proposal/initiative requires the use of appropriations of an administrative nature, as explained below:

EUR million (to three decimal places)

Year
N 22
Year
N+1
Year
N+2
Year
N+3
Enter as many years as necessary to show the duration of the impact (see point 1.6)TOTAL

HEADING 5
of the multiannual financial framework
Human resources
Other administrative expenditure
Subtotal HEADING 5
of the multiannual financial framework

Outside HEADING 5 23
of the multiannual financial framework

Human resources
Other expenditure
of an administrative nature
Subtotal
outside HEADING 5
of the multiannual financial framework

TOTAL


3.2.3.1.Estimated requirements of human resources

–⌧    The proposal/initiative does not require the use of human resources.

–The appropriations required for human resources and other expenditure of an administrative nature will be met by appropriations from the managing DG that are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the DG under the annual allocation procedure and in the light of budgetary constraints.

–◻    The proposal/initiative requires the use of human resources, as explained below:

Estimate to be expressed in full time equivalent units

Year
N
Year
N+1
Year N+2Year N+3Enter as many years as necessary to show the duration of the impact (see point 1.6)
• Establishment plan posts (officials and temporary staff)
XX 01 01 01 (Headquarters and Commission’s Representation Offices)
XX 01 01 02 (Delegations)
XX 01 05 01/11/21 (Indirect research)
10 01 05 01/11 (Direct research)
• External staff (in Full Time Equivalent unit: FTE) 24

XX 01 02 01 (AC, END, INT from the ‘global envelope’)
XX 01 02 02 (AC, AL, END, INT and JPD in the delegations)
XX 01 04 yy  25

- at Headquarters

- in Delegations
XX 01 05 02/12/22 (AC, END, INT - Indirect research)
10 01 05 02/12 (AC, END, INT - Direct research)
Other budget lines (specify)
TOTAL

XX is the policy area or budget title concerned.

The human resources required will be met by staff from the DG who are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.

Description of tasks to be carried out:

Officials and temporary staff
External staff

3.2.4.Compatibility with the current multiannual financial framework 

The proposal/initiative:

–⌧    can be fully financed within the relevant heading of the Multiannual Financial Framework (MFF).

– requires use of the unallocated margin under the relevant heading of the MFF and/or use of the special instruments as defined in the MFF Regulation.

This Regulation is limited in time and concerns the budgetary years 2019 and 2020 only. It remains within the maximum allocations provided for the EUSF for those years and is therefore compatible with the MFF.

It shall apply from the date following that on which the Treaties cease to apply to the United Kingdom pursuant to Article 50(3) TEU.

Applications will be accepted between 1 November 2019 and 30 April 2020.

The ceiling will be 50% of the maximum allocation of the EUSF for 2019 and 2020 totalling EUR 591.65 million (EUR 292.9 million for 2019 plus EUR 298.75 million for 2020).

This Regulation shall not apply if a withdrawal agreement concluded with the United Kingdom in accordance with Article 50(2) TEU has entered into force by that date.

–◻    requires a revision of the MFF.

Explain what is required, specifying the headings and budget lines concerned and the corresponding amounts.

3.2.5.Third-party contributions 

The proposal/initiative:

–X does not provide for co-financing by third parties

–◻    provides for the co-financing by third parties estimated below:

Appropriations in EUR


3.3.Estimated impact on revenue 

–X    The proposal/initiative has no financial impact on revenue.

– The proposal/initiative has the following financial impact:

–◻    on own resources

–◻    on other revenue

–please indicate, if the revenue is assigned to expenditure lines X    


EUR


For assigned revenue, specify the budget expenditure line(s) affected.

N/A

Other remarks (e.g. method/formula used for calculating the impact on revenue or any other information).

(1) European Council Decision (EU) 2019/584 (OJ L 101, 11.4.2019, p. 1).
(2) Following a request by the United Kingdom, the European Council decided a first extension on 22 March 2019 - European Council Decision (EU) 2019/476 (OJ L 80I, 22.3.2019, p. 1).
(3) COM(2018) 880 final.
(4) COM(2019) 195 final.
(5) SWD(2019) 186 final.
(6) OJ C , , p. .
(7) OJ C , , p. .
(8) Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (OJ L 311, 14.11.2002, p. 3).
(9) European Council Decision (EU) 2019/584 (OJ L 101, 11.4.2019, p. 1).
(10) Following a request by the United Kingdom, the European Council decided a first extension on 22 March 2019 - European Council Decision (EU) 2019/476 (OJ L 80I, 22.3.2019, p. 1).
(11) Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (OJ C 144I, 25.4.2019, p. 1).
(12) 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 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, Euroatom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).
(13) Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).
(14) SWD(2019) 186 final.
(15) Details of management modes and references to the Financial Regulation may be found on the BudgWeb site: https://myintracomm.ec.europa.eu/budgweb/EN/man/budgmanag/Pages/budgmanag.aspx  
(16) Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations.
(17) EFTA: European Free Trade Association.
(18) Candidate countries and, where applicable, potential candidates from the Western Balkans.
(19) Year N is the year in which implementation of the proposal/initiative starts. Please replace "N" by the expected first year of implementation (for instance: 2021). The same for the following years.
(20) Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.).
(21) As described in point 1.4.2. ‘Specific objective(s)…’
(22) Year N is the year in which implementation of the proposal/initiative starts. Please replace "N" by the expected first year of implementation (for instance: 2021). The same for the following years.
(23) Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.
(24) AC= Contract Staff; AL = Local Staff; END= Seconded National Expert; INT = agency staff; JPD= Junior Professionals in Delegations.
(25) Sub-ceiling for external staff covered by operational appropriations (former ‘BA’ lines).