COUNCIL DECISION (EU) 2022/2242

of 14 November 2022

on the financial contributions to be paid by the parties to the European Development Fund to finance that fund, specifying the ceiling for 2024, the annual amount for 2023, the amount of the first instalment for 2023 and an indicative and non-binding forecast for the expected annual amounts of contributions for the years 2025 and 2026

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to 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 (1), and in particular Article 7(2) in conjunction with Article 14(3) thereof,

Having regard to the Council Regulation (EU) 2018/1877 of 26 November 2018 on the financial regulation applicable to the 11th European Development Fund, and repealing Regulation (EU) 2015/323 (2), and in particular Article 19(2) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) In accordance with the procedure laid down in Articles 19 to 22, and in particular Article 19(2), of Regulation (EU) 2018/1877, the Commission is to present a proposal by 15 October 2022 specifying the ceiling for the amount of the contributions to be paid by the parties to the European Development Fund (EDF) for 2024, the annual amount of the contributions for 2023, the amount of the first instalment of the contributions for 2023 and an indicative, non-binding forecast for the expected annual amounts of contributions for the years 2025 and 2026.

(2) In accordance with Article 46 of Regulation (EU) 2018/1877, the European Investment Bank (EIB) is to send to the Commission its updated estimates of commitments and payments under the instruments it manages.

(3) Pursuant to Article 20(1) of Regulation (EU) 2018/1877, calls for contributions are to first use up the amounts provided for in previous EDFs. Therefore a call for funds pursuant to Regulation (EU) 2018/1877 for the Commission and for the EIB should be made.

(4) Pursuant to Article 152 of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (3) (‘the withdrawal agreement’), the United Kingdom of Great Britain and Northern Ireland (the ‘United Kingdom’) is to remain party to the EDF until the closure of the 11th EDF and all previous unclosed EDFs. However, pursuant to Article 153 of the withdrawal agreement, the United Kingdom’s share in decommitted funds from projects under the 11th EDF, where those funds have been decommitted after 31 December 2020, or previous EDFs are not to be reused.

(5) Council Decision (EU) 2021/1941 (4) sets the ceiling for the annual amount of the contributions to be paid by the parties to the EDF for 2023 at EUR 1 800 000 000 for the Commission and at EUR 300 000 000 for the EIB.

(6) In order to allow for the prompt application of the measures it provides for, this Decision should enter into force on the date of its publication in the Official Journal of the European Union,

HAS ADOPTED THIS DECISION:

Article 1 The ceiling for the annual amount of the contributions to be paid by the parties to the European Development Fund (EDF) for 2024 is hereby set at EUR 1 600 000 000. It shall be divided into EUR 1 300 000 000 for the Commission and EUR 300 000 000 for the European Investment Bank (EIB).

Article 2 The annual amount of the contributions to be paid by the parties to the EDF for 2023 is hereby set at EUR 2 100 000 000. It shall be divided into EUR 1 800 000 000 for the Commission and EUR 300 000 000 for the EIB.

Article 3 The individual EDF contributions shall be paid by the parties to the EDF to the Commission and the EIB as the first instalment for 2023, in accordance with the Annex.

Article 4 An amount of EUR 42 500 000 from uncommitted or decommitted funds from projects under the 9th EDF shall be refunded by a reduction of payment against the first instalment for 2023 set out in Article 3.

Article 5 The indicative non-binding forecast for the expected annual amount of contributions for 2025 is hereby set at EUR 900 000 000 for the Commission and at EUR 9 000 000 for the EIB, and that for 2026 is hereby set at EUR 600 000 000 for the Commission and at EUR 0 for the EIB.

Article 6 This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.

Done at Brussels, 14 November 2022. For the Council The President J. BORRELL FONTELLES

(1) OJ L 210, 6.8.2013, p.1.

(2) OJ L 307, 3.12.2018, p.1.

(3) OJ L 29, 31.1.2020, p. 7.

(4) Council Decision (EU) 2021/1941 of 9 November 2021 on the financial contributions to be paid by the parties to the European Development Fund to finance that Fund, including the ceiling for 2023, the annual amount for 2022, the amount of the first instalment for 2022 and an indicative and non-binding forecast for the expected annual amounts of contributions for the years 2024 and 2025 (OJ L 396, 10.11.2021, p. 61).