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: 2019-03-18
Institutions: Directorate-General for International Cooperation and Development, European Commission
Subjects: Africa, African Union, European Development Fund, action programme, development aid, distribution of EU funding, financial aid, foreign policy, peacekeeping

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   EUROPEAN COMMISSION  Brussels, 18.3.2019  COM(2019) 139 final 2019/0080 (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. 

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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.  
Under the current 11th EDF, an amount of EUR 750 million was initially allocated to the APF 
for the period 2014-2020. This amount, which was based on APF commitments under the 10th 
EDF, failed to sufficiently take into account the sharp increase of the APF financial volume 
after  2012,  which  continued  until  2015,  when  the  Commission  limited  its  funding  to  Peace 
Support Operations (PSOs) to 80% of the UN rate at that time for stipends paid to troops and 
police  deployed  in  the  framework  of  African-led  PSOs.  The  introduction  of  this  ceiling 
resulted  in  a  stabilisation,  but  not  a  reduction,  of  APF  disbursements,  as  savings  obtained 
through  the  introduction  of  the  ceiling  on  APF  contributions  to  stipends  were  offset  by  an 
increase in the overall number of PSOs funded. As a consequence, demands for APF funding 
soon  exceeded  the  available  amount.  The  APF  has  therefore  so  far  been  replenished  three 
times for a total of EUR 835 million: two replenishments of EUR 150 million each (decided 
on 24 September 20152 and 2 August 20163, respectively) for the Action Programme 2014-
2016,  and  a  third  replenishment  of  EUR  535  million  (also  decided  on  2  August  20164)  to 
finance the Action Programme 2017-2018.  The rise in demands has notably been due to the 
continuation  of  funding  for  existing  operations  (African  Union  Mission  in  Somalia  - 
AMISOM),  as  well  as  the  establishment  of  new  PSOs  (Economic  Community  of  Western 
African States Mission in Guinea Bissau - ECOMIB, Multi-National Joint Task Force against 
Boko  Haram  -  MNJTF,  G5  Sahel  Joint  Force).  Under  the  11th  EDF,  the  APF  has  so  far 
committed  a  total  of  EUR  1,627.3  million5.  This  amount  is  considerably  larger  than 
commitments  under  previous  EDFs,  showing  the  increased  engagement  of  EDF  funding  in 
peace and security. 

The  COREPER  decision  of  10  May  2016  on  the  replenishment  of  the  APF  determined  the 
resources  available  for  the  APF  until  the  end  of  2018,  but  it  did  not  cover  financial 
requirements  for  the  two  last  years  of  the  11th  EDF,  corresponding  to  the  APF  Action 
Programme 2019-2020. Resources for the period 2019-2020 should be able to respond to the 
continuous needs of the African Union and African regional organisations to address ongoing 
and emerging security crises in Africa. The predictability and sustainability of APF financing 
needs  to  be  ensured.  APF  financial  needs  up  to  the  end  of  2020  are  currently  estimated  at 
EUR 814 860 000. 

The objective of this draft proposal for a Council decision is to obtain the authorisation of the 
Council to use decommitted funds from the 10th EDF to replenish the APF with an additional 
amount up to EUR 445 860 000, of which EUR 431 000 000 will contribute to the financing 

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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(2015) 8627 of 7 December 2015. 
Commission Decision C(2016) 7258 of 17 November 2016. 
Commission Decision C(2017) 2579 of 27 April 2017 as amended by Commission Decision C(2018) 
1258 of 23 February 2018. 
This amount includes EUR 16.5 million in voluntary contributions made by various Member States. 

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of  APF  requirements  up  to  the  end  of  2020  and  EUR  14  860  000  will  cover  the  support 
expenditure incurred by the Commission. These funds will be utilised applying the 10th EDF 
Member States contribution key6. To complement these funds from the performance reserve 
(“réserve  non-mobilisable”),  additional  funds  will  be  mobilised  for  the  APF  from  the  11th 
EDF  National    Indicative    Programmes    /    Regional    Indicative    Programmes  (NIP/RIP) 
reserve (EUR 369 000 000). 

Consistency with existing policy provisions in the policy area 

• 
The  EU  Global  Strategy7  defines  peace  and  security  as  one of  the  vital  interests  of  the  EU, 
furthermore  stating  that  security  within  Europa  is  strongly  linked  to  peace  in  neighbouring 
and  surrounding  regions.  The  renewed  European  Consensus  on  Development8,  adopted  in 
2017, establishes “peace” as one of its five focus areas and reaffirms the EU’s commitment to 
a rules-based global order, with multilateralism at its core. 

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. At the 5th AU-EU Summit in November 2017, leaders 
agreed on four common strategic priorities for the period leading to the next Summit, one of 
them being "Strenghtening resilience, peace, security and governance".  Building on the new 
European  Consensus  on  Development  recalling  the  security-development  nexus  and  on  the 
EU Global Strategy stressing the need for an integrated approach to conflicts, cooperation in 
the  area  of  peace  and  security  therefore  continues  to  be  at  the  core  of  the  Africa-EU 
Partnership.  It  is  in  this  context  that  the  European  Commission  and  the  African  Union 
Commission signed, on 23 May 2018, a Memorandum of Understanding on Peace, Security 
and Governance, which provides a framework for an enhanced AU-EU cooperation to address 
peace and security challenges. 

By allowing for the continuation of the APF activities until 2020, this proposal will 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 strategy9. 

The additional funds will be used in accordance with the rules and procedures applicable to 
the 11th EDF. The programming  of  these funds will be established by the forthcoming  APF 

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This  does  not  constitute  a  precedent  regarding  the  potential  future  use  of  decommitted  funds  from 
previous EDFs, which remains a decision to be taken by the Member States on a case-by-case basis, in 
compliance  with  Article  55  of  Council  Regulation  (EU)  2018/1877  of  26  November  2018  on  the 
financial regulation applicable to the 11th European Development Fund. 
Shared  Vision,  Common  Action:  A  Stronger  Europe.  A  Global  Strategy  for  the  European  Union’s 
Foreign and Security Policy, June 2016. 
Joint  statement  by  the  Council  and  the  representatives  of  the  governments  of  the  Member  States 
meeting within the Council, the European Parliament and the Commission (2017/C 210/01): The new 
European Consensus on Development - "Our World, Our Dignity, Our Future", 7 June 2017. 
Commission Decision C(2015) 7766 of 13 November 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. 

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Action Programme 2019-2020, which requires COREPER approval before being adopted by 
the Commission, as foreseen by Article 15(b) of the 11th EDF Implementation Regulation10. 

Consistency with other Union policies 

• 

N/A 

2. 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

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Article 1(4) of the 11th EDF Internal Agreement11. 

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

• 

Subsidiarity (for non-exclusive competence)  

N/A  

The EDF is set up by an internal agreement between the representatives of Member States and 
foresees the possibility to use decommitted funds, if so agreed by the Council12.  

• 

Proportionality 

The proposal and in particular the proposed amounts are based on a comprehensive analysis 
by  Commission  services  and  the  EEAS.  The  proposal  is  also  based  on  the  assumption  that 
other partners will contribute to financial efforts, including that African Union Member States 
will  gradually  fulfil  the  commitment  made  during  the  African  Union  Summit  in 
Johannesburg, South Africa, of June 2015, to make a 25% contribution to PSOs by 2020; and 
that other donors, including the UN, will contribute as well. Furthermore, EU Member States 
have the possibility to channel voluntary contributions through the APF. 

In  July  2016,  the  AU  adopted  a  decision  to  implement  a  0.2%  levy  on  eligible  imports  to 
finance the African Union. The purpose of the decision is to provide reliable and predictable 
funding  for  continental  peace  and  security  though  the  African  Union  Peace  Fund. 
Implementation  of  the  necessary  legislation  and  practical  measures  is  progressing,  albeit  at 
different speeds across AU Member States. 

• 

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 capacity building in support of development and security for development. 

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Council Regulation (EU) 2015/322 of 2 March 2015. 
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 55 of Council Regulation (EU) 2018/1877 
of 26 November 2018 on the financial regulation applicable to the 11th European Development Fund. 

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In accordance with Article 1(4) of 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, the Council decides on a proposal 
of the Commission.  

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 

3. 

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N/A 

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N/A 

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N/A 

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Impact assessment 

N/A  

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N/A 

Regulatory fitness and simplification 

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Fundamental rights 

Strengthening  the  Human  Rights  dimension  of  conflict  prevention,  crisis  management  and 
post-conflict processes is one of the key areas of cooperation under the priority area "Peace 
and Security" of the JAES. The AU-EU Memorandum of Understanding on Peace, Security 
and  Governance  signed  in  May  2018  further  underlines  the  centrality  of  Human  Rights, 
including the fight against conflict-related gender-based violence, in the attainment of peace 
and security on the African continent. 

Under the APF Action Programme 2019-2020, particular attention will be paid to the gender 
and Human Rights dimension of all relevant actions. Support will be provided to the AU and 
other relevant actors to establish a continental Human Rights and international humanitarian 
law compliance framework, applicable to all African-led PSOs.  

BUDGETARY IMPLICATIONS 

4. 

N/A 

The EDF is not part of the EU budget. 

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5. 

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 multiannual 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  and  amended  on  24  May  2017,  which  are  to  be  respected  by  the  African 
Union Commission in the implementation of the EDF in indirect management. 

Explanatory documents (for directives) 

• 

N/A 

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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  445  860  000  from  projects  under  the  10th  EDF  will  be  allocated  for  the 
purpose  of  replenishing  the  APF  to  address  estimated  financial  needs  of  the  APF  Action 
Programme 2019-2020.  

Article  1  paragraph  (2)  provides  that  a  maximum  of  EUR  14  860  000  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 Regulations13). 

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

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Council  Regulation  (EU)  2015/322  of  2  March  2015  on  the  implementation  of  the  11th  European 
Development  Fund  and  Council  Regulation  (EU)  2018/1877  of  26  November  2018  on  the  financial 
regulation applicable to the 11th European Development Fund. 

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2019/0080 (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 applies14, and in particular Article 1(4) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

Under the 11th EDF, the EU has so far committed a total of EUR 1,627.3 million to the 
African Peace Facility (APF) to provide financial support to African Union responses 
to  ongoing  and  emerging  security  crises  in  Africa.  This  engagement  in  peace  and 
security on the African continent should be sustained for the period 2019-2020. 

APF requirements for the period 2019-2020 are estimated at EUR 814 860 000. 
It is appropriate to use decommitted funds from projects under the 10th EDF to ensure 
the financing of the APF up to the end of 2020. 

These  additional  funds  should  finance  APF  activities,  including  support  to  the 
operationalisation  of  the  African  Peace  and  Security  Architecture,  support  for 
initiatives  aimed  at  preventing  and  managing  violent  conflict  in  case  of  urgent  and 
unforeseen  needs  in  crisis  situations  (Early  Response  Mechanism),  and  support  to 
African-led Peace Support Operations, and cover support expenditure incurred by the 
Commission. 

These  funds  should  be  used  in  accordance  with  the  relevant  APF  multiannual  action 
programme and with the rules and procedures applicable to the 11th EDF, as set out in 
Council  Regulation  (EU)  2015/322  of  2  March  2015  on  the  implementation  of  the 
11th  European  Development  Fund,15  and  Council  Regulation  (EU)  2018/1877  of  26 
November  2018  on  the  financial  regulation  applicable  to  the  11th  European 
Development Fund.16 

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OJ L 210, 6.8.2013, p.1. 
OJ L 58, 3.3.2015, p. 1-16. 
OJ L 307, 3.12.2018, p. 1-21. 

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HAS ADOPTED THIS DECISION:  

Article 1 

An amount up to a maximum of EUR 445 860 000 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 2019-2020.  

From  this  amount,  up  to  a  maximum  of  EUR  14  860  000  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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