Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the mobilisation of the Flexibility Instrument to finance immediate budgetary measures to address the on-going challenges of migration, refugee inflows and security threats
Date: 2017-05-30
Institutions: Directorate-General for Budget, European Commission
Subjects: EU financial instrument, EU migration policy, European security, commitment of expenditure, general budget (EU), migratory movement, payment appropriation, refugee

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   EUROPEAN COMMISSION  Brussels, 30.5.2017  COM(2017) 271 final   Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the mobilisation of the Flexibility Instrument to finance immediate budgetary measures to address the on-going challenges of migration, refugee inflows and security threats  
 
EXPLANATORY MEMORANDUM 

The Council Regulation (EU, EURATOM) No 1311/2013 of 2 December 2013 laying down 
the multiannual financial framework for the years 2014-20201 allows for the mobilisation of 
the Flexibility Instrument to allow the financing of clearly identified expenditure which could 
not  be  financed  within  the  limits  of  the  ceilings  available  for  one  or  more  headings  of  the 
multiannual  financial  framework.  The  Commission  proposed  amendment  of  Council 
Regulation  No  1311/20132.  The  proposal,  as  amended  by  the  Council,  has  received  broad 
political agreement in the Council and the consent of the European Parliament3. It is expected 
that  the  the  mid-term  revision  package  will  be  adopted  by  the  Council  soon  after  the 
presentation  of  the  Draft  Budget  2018.  For  this  reason  it  appears  appropriate  proposing  the 
Draft  Budget  2018  and  this  mobilisation  decision  which  is  to  be  presented  together  while 
taking  into  account  the  expected  amendments  to  the  Council  Regulation  No  1311/2013. 
Nevertheless,  should  the  formal  adoption  of  the  revision  of  the  MFF  Regulation  be  further 
delayed,  this  proposal  will  be  amended  to  respect  the  provisions  of  the  MFF  Regulation  in 
force at the time the adoption of the Budget for 2018. 

In  accordance  with  Article  11  of  Council  Regulation  No  1311/2013  and  point  12  of  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 management4, after having examined all possibilities for re-allocating 
appropriations and exhausted any unallocated margin under the expenditure heading Security 
and Citizenship (heading 3), the Commission proposes to mobilise the Flexibility Instrument 
in 2018 for an amount of EUR 817,1 million.  

The  availability  of  the  Flexibility  Instrument  after  the revision  of  the  MFF  Regulation  is  as 
follows:  an  annual  amount  available  of  EUR 600 million  (2011  prices)  corresponding  to 
EUR 689 million  in  current  prices  increased  by  lapsed  amounts  from  the  European  Union 
Solidarity Fund and the European Globalisation Adjustment Fund (the amount lapsing at the 
end  of  2016  was  EUR 646 million).  Taking  into  account  also  an  unallocated  amount  of  the 
2017  annual  portion  (corresponding 
the  annual  amount  from 
the 
EUR 471 million  to  EUR 600 million)  of  EUR 129 million  in  2011  prices  corresponding  to 
EUR 146 million  in  current  prices,  the  overall  availability  of  the  Flexibility  Instrument  is 
EUR 1 481 million. 

increase  of 

to 

This  mobilisation  concerns  an  amount  of  EUR 817,1 million  over  and  above  the  ceiling  of 
heading  3  of  the  multiannual  financial  framework,  and  is  intended  to  finance  support  for 
measures for managing the challenges of migration, refugee inflows and security threats. 

Should  the  formal  adoption  of  the  revision  of  the  MFF  Regulation  be  further  delayed,  this 
proposal  could  be  amended  as  follows:  the  amount  mobilised  would  be  decreased  to 
EUR 541 million and a proposal to mobilise the Contingency Margin would be presented in 
order  to  provide  the  remaining  amounts  needed  to  finance  the  migration  and  security 
expenditure  in  heading  3  over  and  above  the  ceiling  (EUR 276,1 million  with  offsetting 
foreseen in heading 2 in the same year). 

The  indicative  payment  appropriations  corresponding  to  the  proposed  mobilisation  of  the 
Flexibility  Instrument  have  been  calculated  on  the  basis  of  the  rules  applicable  to  pre-

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OJ L347, 20.12.2013, p.884. 
COM(2016) 604, 14.9.2016. 
P8_TA(2017)0111, 5.4.2017. 
OJ C 373, 20.12.2013, p. 1. 

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financing, clearance of pre-financing and final payments for the various types of measures to 
be financed, and are presented in the table below: 

Year 

2018 

2019 

2020 

2021 

Total 

(in million EUR, at current prices) 

Payment appropriations related to the mobilisation of the flexibility 
instrument for measures for managing the refugee crisis in 2018 

452,9 

207,6 

123,3 

33,3 

817,1 

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Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the mobilisation of the Flexibility Instrument to finance immediate budgetary 
measures to address the on-going challenges of migration, refugee inflows and security 
threats 

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 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 management1, and in particular point 12 thereof, 

Having regard to the proposal from the European Commission, 

Whereas:  

(1) 

(2) 

(3) 

(4) 

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. 

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 1311/20132.  

In order to address the ongoing chalenges of migration, refugee inflows and security 
threats,  it  is  necessary  to  mobilise  significant  additional  amounts  to  finance  such 
measures as a matter of urgency. 

Having  examined  all  possibilities  for  re-allocating  appropriations  under  the 
expenditure  ceiling  for  heading  3  (Security  and  citizenship),  it  is  necessary  to 
mobilise  the  Flexibility  Instrument  to  supplement    the  financing  available  in  the 
general  budget  of  the  Union  for  the  financial  year  2018,  beyond  the  ceilings  of 
heading  3  by  the  amount  of  EUR 817 056 198  to  finance  measures  in  the  field  of 
migration,  refugees  and  security.  This  amount  includes  amounts  lapsed  in  the 
previous  years  of  the  European  Union  Solidarity  Fund  and  of  the  European 
Globalisation  Adjustment  Fund  in  accordance  with  of  Article  11(1)  of  Regulation 
(EU, Euratom) No 1331/2013.  

(5) 

On  the  basis  of  the  expected  payment  profile,  the  payment  appropriations 
corresponding to the mobilisation of the Flexibility Instrument should be distributed 
over several financial years. 

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2 

OJ C 373, 20.12.2013, p. 1. 
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). 

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HAVE ADOPTED THIS DECISION: 

Article 1 

1. 

For  the  general  budget  of  the  Union  for  the  financial  year  2018,  the  Flexibility 
Instrument  shall  be  mobilised  to  provide  the  amount  of  EUR 817 056 198  in 
commitment appropriations in heading 3 (Security and Citizenship). 

The amount referred to in the first subparagraph shall be used to finance measures to address 
the ongoing challenges of migration, refugee inflows and security threats. 

2. 

The  payment  appropriations  corresponding  to  the  mobilisation  of  the  Flexibility 
Instrument in accordance with paragraph 1 shall be distributed as follows: 

(a)  EUR 452 952 126 in 2018; 

(b)  EUR 207 556 299 in 2019; 

(c)  EUR 123 308 626 in 2020; 

(d)  EUR 33 339 147 in 2021. 

However, the specific amounts of payment appropriations referred to in the first subparagraph 
may be ajusted for each financial year and shall be authorised in accordance with the annual 
budgetary procedure.  

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

Article 2 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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