# IMMC.COM_2019_0600_FIN.ENG.xhtml.1_EN_ACT_part1_v3.docx

european flagEUROPEAN COMMISSION

Brussels, 2.7.2019

COM(2019) 600 final

Proposal for a

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Decision (EU) 2019/276 as regards adjustments to the amounts mobilised from the Flexibility Instrument for 2019 to be used for migration, refugee inflows and security threats

EXPLANATORY MEMORANDUM

The European Parliament and the Council decided on 12 December 2018 to mobilise the Flexibility instrument for an amount of EUR 1 164 million: EUR 179 million for heading 1a Competitiveness for Growth and Jobs to reinforce key competitiveness programmes (namely Horizon 2020 and Erasmus+), and EUR 985,6 million for heading 3 as proposed by the Commission.

The Commission submits today draft amending budget No 4/2019
  1
  that includes reductions in the level of commitment appropriations for both heading 1a and 3 and therefore reduces the need for the use of the Flexibility instrument. The present proposal accompanies this DAB and aims at adjusting accordingly the amounts mobilised from the Flexibility Instrument while respecting the purpose of the mobilisation.

The Commission submits today draft amending budget No 4/2019

1

that includes reductions in the level of commitment appropriations for both heading 1a and 3 and therefore reduces the need for the use of the Flexibility instrument. T

he present proposal accompanies this DAB and aims at adjusting accordingly the amounts mobilised from the Flexibility Instrument while respecting the purpose of the mobilisation.

The adjusted mobilisation of the Flexibility Instrument will amount to EUR 1 090 million (from EUR 1 164 million), of which EUR 160 million for heading 1a and EUR 930 million for heading 3.

The adjusted mobilisation of the Flexibility Instrument will amount to EUR 1 090 million (from EUR 1 164 million), of which EUR 160 million for heading 1a and EUR 930 million for heading 3.

This proposed mobilisation decision will amend Decision (EU) 2019/276 of 12 December 2018
  2
  .

This proposed mobilisation decision will amend Decision (EU) 2019/276 of 12 December 2018

2

.

The indicative payment appropriations corresponding to the proposed reduced mobilisation of the Flexibility Instrument are presented in the table below:

The indicative payment appropriations corresponding to the proposed reduced mobilisation of the Flexibility Instrument are presented in the table below:

(in million EUR, at current prices)

(in million EUR, at current prices)

| Year | Payment appropriations related to the mobilisation of the flexibility instrument in 2019 |
| --- | --- |
| 2019 | 511,5 |
| 2020 | 242,3 |
| 2021 | 126,3 |
| 2022 | 132,0 |
| 2023 | 78,3 |
| Total | 1 090,4 |

Year

Year

Payment appropriations related to the mobilisation of the flexibility instrument in 2019

Payment appropriations related to the mobilisation of the flexibility instrument in 2019

2019

2019

511,5

511,5

2020

2020

242,3

242,3

2021

2021

126,3

126,3

2022

2022

132,0

132,0

2023

2023

78,3

78,3

Total

Total

1 090,4

1 090,4

Proposal for a

Proposal for a

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Decision (EU) 2019/276 as regards adjustments to the amounts mobilised from the Flexibility Instrument for 2019 to be used for migration, refugee inflows and security threats

amending Decision (EU) 2019/276 as regards adjustments to the amounts mobilised from the Flexibility Instrument for 2019 to be used for migration, refugee inflows and security threats

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management
  3
  , and in particular point 12 thereof,

Having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management

3

, and in particular point 12 thereof,

Having regard to the proposal from the European Commission,

Having regard to the proposal from the European Commission,

Whereas:

Whereas:

(1)The Flexibility instrument is intended to allow the financing of clearly identified expenditure which could not be financed within the limits of the ceilings available for one or more other headings.

(1)

The Flexibility instrument is intended to allow the financing of clearly identified expenditure which could not be financed within the limits of the ceilings available for one or more other headings.

(2)The ceiling on the annual amount available for the Flexibility Instrument is EUR 600 000 000 (2011 prices), as laid down in Article 11 of Council Regulation (EU, Euratom) No 1311/2013
  4
  , increased, where applicable by lapsed amounts made available in accordance with the second subparagraph of paragraph 1 of that Article.

(2)

The ceiling on the annual amount available for the Flexibility Instrument is EUR 600 000 000 (2011 prices), as laid down in Article 11 of Council Regulation (EU, Euratom) No 1311/2013

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, increased, where applicable by lapsed amounts made available in accordance with the second subparagraph of paragraph 1 of that Article.

(3)On 12 December 2018 the European Parliament and the Council adopted Decision (EU) 2019/276
  5
  mobilising the Flexibility instrument for the financial year 2019 beyond the ceiling of heading 1a (Competitiveness for Growth and Jobs) by the amount of EUR 178 715 475 to reinforce key competitiveness programmes and beyond the ceiling of heading 3 (Security and citizenship) by the amount of EUR 985 629 138 to finance measures in the field of migration, refugees and security.

(3)

On 12 December 2018 the European Parliament and the Council adopted Decision (EU) 2019/276

5

mobilising the Flexibility instrument for the financial year 2019 beyond the ceiling of heading 1a (

Competitiveness for Growth and Jobs

) by the amount of EUR 178 715 475 to reinforce key competitiveness programmes and beyond the ceiling of heading 3 (

Security and citizenship

) by the amount of EUR 985 629 138 to finance measures in the field of migration, refugees and security.

(4)The Draft Amending Budget 4/2019
  6
  includes reductions in the level of commitment appropriations for both heading 1a and 3 and therefore reduces the need for the use of the Flexibility instrument. It is therefore necessary to adjust the amounts mobilised from the Flexibility Instrument for 2019 accordingly. It is also necessary to adjust the expected payment profile.

(5)Decision (EU) 2019/276 should therefore be amended accordingly.

(6)The mobilisation of the Flexibility instrument is adopted simultaneously with the amendment of the 2019 budget as it allows financing of some actions over and above a Multiannual Financial Framework ceiling. In order to ensure coherence with that amendment, this Decision should enter into force on the day of its adoption.

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HAVE ADOPTED THIS DECISION:

Article 1

The first subparagraph of paragraph 1 of Article 1 of Decision (EU) 2019/276 is amended as follows: “EUR 178 715 475” is replaced by “EUR 160 195 475” and “EUR 985 629 138" is replaced by “EUR 930 188 138”. In the first subparagraph of paragraph 2, points (a) to (e) are replaced by the following:

“(a)
     EUR 511 468 976 in 2019;

(b)
     EUR 242 308 256 in 2020;

(c)
     EUR 126 300 853 in 2021;

(d)
     EUR 131 990 641 in 2022;

(e)
     EUR 78 314 887 in 2023."

Article 2

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

Done at Brussels,

For the European Parliament
     For the Council

The President
     The President