Proposal for a COUNCIL DECISION concerning the allocation of funds decommitted from projects under the 10th European Development Fund for the purpose of replenishing the African Peace Facility
Date: 2016-07-18
Institutions: Directorate-General for International Cooperation and Development, European Commission
Subjects: Africa, African Union, EU programme, European Development Fund, development aid, financial aid, foreign policy, peacekeeping

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   EUROPEAN COMMISSION  Brussels, 18.7.2016  COM(2016) 473 final 2016/0228 (NLE)   Proposal for a COUNCIL DECISION concerning the allocation of funds decommitted from projects under the 10th European Development Fund for the purpose of replenishing the African Peace Facility  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The African Peace Facility (APF) was first established in 2003 within the framework of the 
Cotonou  Agreement1  and  is  funded  by  the  European  Development  Fund  (EDF),  which  is 
outside the general budget of the Union. The APF has become one of the key instruments to 
implement  the  Africa-EU  cooperation  on  peace  and  security.  The  APF's  financial  resources 
for  the  period  2014-20162  are  severely  stretched.  At  the  current  rate  of  use,  they  will  be 
depleted before the end of the period. Resources for the period 2017-2018 should also be able 
to respond to the continuing needs and demands from the African Union to address ongoing 
and  emerging  security  crises  in  Africa,  as  well  as  unforeseen  circumstances.  The 
predictability  and  sustainability  of  the  financing  of  the  APF  needs  to  be  ensured.  APF 
financial needs up to end 2018 are currently estimated at EUR 685 million. 

The  Political  and  Security  Committee  (PSC)  and  the  Committee  of  the  Permanent 
Representatives  (Coreper)  of  the  Council  have  discussed  the  financial  sustainability  of  the 
APF to ensure financing up to 2018 on the basis of Commission proposals3. In its meeting of 
18 May, the Coreper endorsed a compromise tabled by the Presidency4 to use a combination 
of funds from the 10th and 11th EDFs. 

The objective of this draft proposal for a Council decision is to obtain the authorisation from 
the  Council  to  use  decommitted  funds  from  the  10th  EDF  to  replenish  the  African  Peace 
Facility with an additional amount up to EUR 491.38 million, of which EUR 475 million will 
contribute  to  the  financing  of  the  APF  needs  up  to  end  2018  and  EUR  16.38  million  will 
cover the support expenditure incurred by the Commission. To complement these funds from 
the  performance  reserve  (‘réserve  non-mobilisable’),  additional  funds  will  be  mobilised  for 
the APF from the 11th EDF reserves (EUR 100 million from the Intra-ACP reserve subject to 
prior approval of the African Union request by the ACP Committee of Ambassadors and EUR 
110  million  from  the  National  Indicative  Programmes  /  Regional  Indicative  Programmes 
(NIP/RIP) reserve). 

• 

Consistency with existing policy provisions in the policy area 

The APF is one of the key instruments for implementing Africa-EU cooperation on peace and 
security under the Joint Africa-EU Strategy adopted in Lisbon in 2007. At the 4th Africa-EU 
Summit in  2014, peace  and security was reaffirmed as one of the five priority  areas for the 
implementation of the Joint Strategy. 

As a follow-up to the Council conclusions on Common Security and Defence Policy (CSDP) 
of  18  May  2015,  the  European  External  Action  Service  (EEAS)  and  Commission  services 
would assess the potential of Union instruments of addressing capacity building in support of 
security  and  development  (CBSD),  including  the  feasibility  of  an  adaptation  of  the  APF  to 
address its limitations. In the meantime, it is important that the APF continues to deliver and 
contribute to the peace and security policy objectives of the EU. 

1 

2 
3 
4 

Partnership agreement between the members of the African, Caribbean and Pacific Group of States of 
the one part, and the European Community and its Member States, of the other part, signed in Cotonou 
on 23 June 2000. 
Commission Decision C(2014) 4907 of 15 July 2014. 
Doc 164/15 ACP of 15.12.2015 
Doc 8662/16 of 10.05.2016 

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This  proposal,  by  contributing  to  a  continuation  of  the  APF  activities  until  2018,  will 
ultimately  also  contribute  to  serve  the  Sustainable  Development  Goals  (SDG),  in  particular 
SDG  16  "Promote  peaceful  and  inclusive  societies  for  sustainable  development,  provide 
access  to  justice  for  all  and  build  effective,  accountable  and  inclusive  institutions  at  all 
levels". 

The  APF  is  normally  financed  from  the  Intra-ACP  envelope  of  the  EDF.  The  activities 
financed by the additional funds allocated to the APF from the performance reserve ('réserve 
non-mobilisable') will remain in line with the general and APF specific objectives laid down 
in the Intra-ACP strategy5. 

The additional funds will be used in accordance with the rules and procedures applicable for 
the 11th EDF. The programming of these funds will be made through a Commission decision 
to  amend  the  APF  2014-2016  Action  Programme6  and  a  Commission  decision  to  adopt  the 
forthcoming  APF  2017-2018  Action  Programme.  In  both  cases,  Coreper  approval  will  be 
required, as foreseen by Article 15 of the 11th EDF Implementation Regulation7. 

Consistency with other Union policies 

• 

NA 

2. 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

• 
Article 1(4) of the 11th EDF Internal Agreement8. 

Article 1 (4) of the 11th EDF Internal Agreement requires that the Council adopts its decision 
by unanimity.  

• 

Subsidiarity (for non-exclusive competence)  

NA  
The EDF is set up by an internal agreement between the representatives of Member States and 
it foresees the possibility to use decommitted funds, if so agreed by the Council9.  

• 

Proportionality 

The proposal and in particular the proposed amounts are based on a comprehensive analysis 
by  the  EEAS/Commission  services  (Annex  to  Council  doc  8662/16  of  10.05.2016).  The 
proposal  integrates  guidance  by  the  PSC,  for  example  a  limitation  applied  to  certain  costs 

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8 

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Commission  Decision  C(2015)  7766  of  13/11/2015  on  the  adoption  of  the  2014-2020  Strategy  Paper 
and Indicative Programme for intra-ACP cooperation between the European Union and the ACP Group 
of States 
Commission Decision C(2014) 4907 of 15 July 2014 
Council Regulation (EU) 2015/322 of 2 March 2015 (OJ L 58 of 3.3.2015, p.1) 
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 (OJ L 
210, 6.8.2013, p.1). 
Article 1(4) of the 11th EDF Internal Agreement and Article 61 of Council Regulation (EU) 2015/323 
of 2 March 2015 on the financial regulation applicable to the 11th European Development Fund (OJ L 
58 of 3.3.2015, p.17) 

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(troop  allowances)  and  therefore,  as  opposed  to  the  past,  does  not  cover  with  EDF  funding 
alone  all  financing  needs  of  African  Union  actions  in  this  area,  in  particular  Peace  Support 
Operations (PSOs). The proposal is also based on the assumption that other contributors will 
contribute to financial efforts. In particular that African Union Member States will gradually 
fulfil the commitment made during the African Union Summit in Johannesburg, South Africa, 
of June 2015, to reach a 25% contribution of Peace Support Operations (PSOs) by 2020; and 
that other donors, including the UN, would contribute too. EU Member States also have the 
possibility  to  add  voluntary  contributions.  Finally,  the  proposal  complies  with  the  PSC's 
request to improve APF's support balance between PSOs and capacity building activities. 

• 

Choice of the instrument 

The  EDF  is  the  unique  source  of  funding  of  the  APF  at  EU  level.  Due  to  legal  limitations, 
existing  EU  instruments  financed  from  the  general  budget  of  the  Union  cannot  be  used  for 
operations  having  military  or  defence  implications  or  to  support  military  beneficiaries  for 
other than explicitly civilian tasks. 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

Stakeholder consultations 

Collection and use of expertise 

Impact assessment 

Regulatory fitness and simplification 

3. 

• 

NA 

• 

NA 

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NA 

• 

NA  

• 

NA 

• 

Fundamental rights 

APF  supports  African  led  Peace  Support  Operations,  where  the  threatening  of  fundamental 
rights  might  be  an  issue.  On  top  of  human  rights  provisions  contained  in  the  11th  EDF 
Implementation  Regulation,  the  APF  pluriannual  action  programme  2104-2016  contains 
specific provisions supporting "the mainstreaming of the relevant guidelines on human rights, 
the  protection  of  women  and  children  in  armed  conflicts  and  the  role  of  women  in  solving 
conflicts,  as  well  as  the application  of  the  UN  Security  Council  resolutions  1325,  1820  and 
1612". As a concrete example, training of peacekeepers on human rights is supported through 
the  APF.  These  provisions  are  further  translated  in  APF  contractual  arrangements  with  the 
African Union Commission. 

4. 

BUDGETARY IMPLICATIONS 

None (EDF is outside the EU budget). 

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5. 

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OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

Monitoring, evaluation and reporting arrangements are those applicable for the 11th EDF and 
those  foreseen  in  the  relevant  pluriannual  action  programmes.  Additional  relevant  measures 
are  also  included  in  the  ‘aide-mémoire’  on  measures  to  strengthen  the  African  Union 
Commission, signed between the European Commission and the African Union Commission 
on  15  April  2016,  which  are  to  be  respected  by  the  African  Union  Commission  in  the 
implementation of the EDF in indirect management. 

Explanatory documents (for directives) 

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NA 

• 

Detailed explanation of the specific provisions of the proposal 

Article 1 paragraph (1)  of the proposal  provides that de-committed funds up to  a maximum 
amount  of  EUR  491  387  500  from  projects  under  the  10th  EDF  will  be  allocated  for  the 
purpose  of  replenishing  the  APF  to  address  outstanding  financial  needs  of  the  APF  Action 
Programme 2014-2016 and estimated financial needs of the Action Programme 2017-2018.  

Article  1  paragraph  (2)  provides  that  a  maximum  of  EUR  16  387  500  of  the  amount  under 
paragraph (1) will be allocated to the Commission for support expenditure. This is calculated 
by  using  the  same  ratio  (3.45%)  as  the  one  foreseen  for  the  management  of  the  11th  EDF 
funds in Article 1(2) (a) of the 11th EDF Internal Agreement. 

Article  1  paragraph  (3)  provides  that  the  rules  of  the  11th  EDF  will  be  applicable 
(Implementation and Financial Regulations10). 

Article 2 provides for the date of entry into force of the decision. 

10 

Council  Regulation  (EU)  2015/322  of  2  March  2015  on  the  implementation  of  the  11th  European 
Development Fund (OJ L 58 of 3.3.2015, p.1) and Council Regulation (EU) 2015/323 of 2 March 2015 
on  the  financial  regulation  applicable  to  the  11th  European  Development  Fund  (OJ  L  58  of  3.3.2015, 
p.17). 

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2016/0228 (NLE) 

Proposal for a 

COUNCIL DECISION 

concerning the allocation of funds decommitted from projects under the 10th European 
Development Fund for the purpose of replenishing the African Peace Facility 

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 applies11, and in particular Article 1(4) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

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The  Commission,  by  adopting  Decision  C(2014)4907  of  15  July  2014  on  the  2014-
2016 Action Programme of the African Peace Facility in favour of the African Union 
Commission12, has allocated a total amount of EUR 901 339 064.53 to the 2014-2016 
Action  Programme  of  the  African  Peace  Facility  (APF).  Of  this  amount,  EUR 
900 000 000 are from the European Development Fund (EDF) and EUR 1 339 064.53 
from an additional voluntary contribution of the Kingdom of Denmark. 

The European Union already provides a substantial financial contribution in support of 
African  Union  responses  to  ongoing  and  emerging  security  crises  in  Africa.  Several 
measures to maintain the APF financial contribution to a sustainable level have been 
implemented.  Nevertheless,  the  current  and  future  situation  will  require  a  higher 
financial  contribution  from  the  Union,  including  through  the  APF,  to  respond  to  the 
African Union demands. 

The  additional  APF  needs  for  the  period  2016-2018  are  estimated  at  EUR 
685 000 000. 
It is appropriate to use decommitted funds from projects under the 10th EDF to address 
the APF's unmet funding needs for 2016, possible unforeseen circumstances and also 
to ensure the predictability of the financing of the APF up to end 2018. 

The additional APF funds should finance APF activities, including support to African-
led peace support operations (PSOs), support to  the operationalisation of the African 
Peace  and  Security  Architecture  (APSA),  support  for  quick  impact  actions  (Early 
Response Mechanism) and cover support expenditure incurred by the Commission. 

OJ L 210, 6.8.2013, p.1 
Commission  Decision  C(2014)4907  as  amended  by  Commission  Decisions  C(2015) 1254, 
C(2015) 4995 and C(2015) 8627. 

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(6) 

These  funds  should  be  used  in  accordance  with  the  relevant  APF  pluriannual  action 
programmes13 and with the rules and procedures applicable to the 11th EDF, as set out 
in Council Regulations (EU) 2015/32214 and 2015/32315. 

HAS ADOPTED THIS DECISION:  

Article 1 

An amount up to a maximum of EUR 491 387 500 from the funds decommitted from projects 
under  the  10th  European  Development  Fund  (EDF)  shall  be  allocated  for  the  purpose  of 
replenishing the APF for the period 2016-2018.  

From  this  amount,  up  to  a  maximum  of  EUR  16  387  500  shall  be  allocated  for  support 
expenditure incurred by the Commission. 
These funds shall be used in accordance with the rules and procedures applicable to the 11th 
EDF. 

This Decision shall enter into force on the day following its adoption. 

Done at Brussels, 

Article 2 

For the Council 
The President 

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Commission Decision C(2014) 4907 of 15 July 2014. 
Council  Regulation  (EU)  2015/322  of  2  March  2015  on  the  implementation  of  the  11th  European 
Development Fund (OJ L 58 of 3.3.2015, p.1). 
Council Regulation (EU) 2015/323 of 2 March 2015 on the financial regulation applicable to the 11th 
European Development Fund (OJ L 58 of 3.3.2015, p.17). 

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