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

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 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 of Regulation (EU) 2018/1877, the Commission was to present a proposal by 15 October 2021 specifying the ceiling amount of the contribution for 2023, the annual amount of the contribution for 2022, the amount of the first instalment of the contribution for 2022 and an indicative and non-binding forecast for the expected annual amounts of contributions for the years 2024 and 2025.

(2) Pursuant to 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 laid down for previous European Development Funds (‘EDFs’). A call for funds pursuant to Regulation (EU) 2018/1877 should therefore be made for the Commission and for the EIB.

(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 under previous EDFs is not to be reused.

(5) Council Decision (EU) 2020/1708 (4) sets the ceiling for the annual amount of the contributions to be paid by the parties to the EDF for 2022 at EUR 2 500 000 000 for the Commission, and at EUR 300 000 000 for the EIB.

(6) In order to allow for the prompt application of the measures provided for in this Decision, 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 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 2 The annual amount of the contributions to be paid by the parties to the EDF for 2022 is hereby set at EUR 2 800 000 000. It shall be divided into EUR 2 500 000 000 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 2022, in accordance with the Annex.

Article 4 An amount of EUR 43 000 000 from uncommitted or decommitted funds from projects under the 8th EDF and the 9th EDF shall be refunded by a reduction of payment against the first instalment for 2022 as set out in Article 3.

Article 5 The indicative and non-binding forecast for the expected annual amount of contributions for 2024 is hereby set at EUR 1 500 000 000 for the Commission and at EUR 300 000 000 for the EIB, and that for 2025 at EUR 900 000 000 for the Commission and EUR 9 000 000 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, 9 November 2021. For the Council The President A. ŠIRCELJ

(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) 2020/1708 of 13 November 2020 on the financial contributions to be paid by Member States to finance the European Development Fund, including the ceiling for 2022, the annual amount for 2021, the first instalment for 2021 and an indicative and non-binding forecast for the expected annual amounts of contributions for the years 2023 and 2024 (OJ L 385, 17.11.2020, p. 13).