Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Decision (EU) 2019/276 as regards adjustments to the amounts mobilised from the Flexibility Instrument for 2019 to be used for migration, refugee inflows and security threats
Date: 2019-07-02
Institutions: Directorate-General for Budget, European Commission
Subjects: EU expenditure, EU financial instrument, EU migration policy, European security, aid to refugees, budget appropriation, commitment of expenditure, general budget (EU), migratory movement, refugee

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   EUROPEAN COMMISSION  Brussels, 2.7.2019  COM(2019) 600 final  Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Decision (EU) 2019/276 as regards adjustments to the amounts mobilised from the Flexibility Instrument for 2019 to be used for migration, refugee inflows and security threats  
 
 
EXPLANATORY MEMORANDUM 

The  European  Parliament  and  the  Council  decided  on  12  December  2018  to  mobilise  the 
Flexibility instrument for an amount of EUR 1 164 million: EUR 179 million for heading 1a 
Competitiveness for Growth and Jobs to reinforce key competitiveness programmes (namely 
Horizon  2020  and  Erasmus+),  and  EUR 985,6  million  for  heading  3  as  proposed  by  the 
Commission.  

The Commission submits today draft amending budget No 4/20191 that includes reductions in 
the level of commitment appropriations for both heading 1a and 3 and therefore reduces the 
need  for  the  use  of  the  Flexibility  instrument.  The  present  proposal  accompanies  this  DAB 
and  aims  at  adjusting  accordingly  the  amounts  mobilised  from  the  Flexibility  Instrument 
while respecting the purpose of the mobilisation.  

The  adjusted  mobilisation  of  the  Flexibility  Instrument  will  amount  to  EUR 1 090 million 
(from  EUR 1 164 million),  of  which  EUR 160 million  for  heading  1a  and  EUR 930 million 
for heading 3. 

This  proposed  mobilisation  decision  will  amend  Decision  (EU)  2019/276  of  12  December 
20182. 

The indicative payment appropriations corresponding to the proposed reduced mobilisation of 
the Flexibility Instrument are presented in the table below: 

Year 

2019 

2020 

2021 

2022 

2023 

Total 

(in million EUR, at current prices) 

Payment appropriations related to the mobilisation of the flexibility 
instrument in 2019 

511,5 

242,3 

126,3 

132,0 

78,3 

1 090,4 

1 
2 

COM(2019) 610, 2.7.2019. 
OJ L54, 22.2.2019, p.3. 

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Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Decision (EU) 2019/276 as regards adjustments to the amounts mobilised 
from the Flexibility Instrument for 2019 to be used for 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 management3, and in particular point 12 thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

3 
4 

5 

6 

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 1311/20134, increased, where applicable by lapsed amounts made 
available in accordance with the second subparagraph of paragraph 1 of that Article.  

On  12  December  2018  the  European  Parliament  and  the  Council  adopted  Decision 
(EU)  2019/2765  mobilising  the  Flexibility  instrument  for  the  financial  year  2019 
beyond  the  ceiling  of  heading  1a  (Competitiveness  for  Growth  and  Jobs)  by  the 
amount  of  EUR 178 715 475  to  reinforce  key  competitiveness  programmes  and 
beyond  the  ceiling  of  heading  3  (Security  and  citizenship)  by  the  amount  of 
EUR 985 629 138 to finance measures in the field of migration, refugees and security. 
The Draft Amending Budget 4/20196 includes reductions in the level of commitment 
appropriations for both heading 1a and 3 and therefore reduces the need for the use of 
the  Flexibility  instrument.  It  is  therefore  necessary  to  adjust  the  amounts  mobilised 
from the Flexibility Instrument for 2019 accordingly. It is also necessary to adjust the 
expected payment profile.  

Decision (EU) 2019/276 should therefore be amended accordingly. 

The  mobilisation  of  the  Flexibility  instrument  is  adopted  simultaneously  with  the 
amendment of the 2019 budget as it allows financing of some actions over and above a 

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). 
Decision (EU) 2019/276 of the European Parliament and of the Council of 12 December 2018 on the 
mobilisation of the Flexibility Instrument to reinforce key  programmes for the competitiveness of the 
EU  and  to  finance  immediate  budgetary  measures  to  address  the  ongoing  challenges  of  migration, 
refugee inflows and security threats (OJ L 54, 22.2.2019, p. 3). 
COM(2019) 610 of 2 July 2019. 

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Multiannual  Financial  Framework  ceiling.  In  order  to  ensure  coherence  with  that 
amendment, this Decision should enter into force on the day of its adoption. 

HAVE ADOPTED THIS DECISION:  

Article 1 

The first subparagraph of paragraph 1 of Article 1 of Decision (EU) 2019/276 is amended as 
follows:  “EUR 178 715 475”  is  replaced  by  “EUR 160 195 475”  and  “EUR 985 629 138"  is 
replaced by “EUR 930 188 138”. In the first subparagraph of paragraph 2, points (a) to (e) are 
replaced by the following: 

“(a) 

EUR 511 468 976 in 2019; 

(b) 

(c) 

(d) 

(e) 

EUR 242 308 256 in 2020; 

EUR 126 300 853 in 2021; 

EUR 131 990 641 in 2022; 

EUR 78 314 887 in 2023." 

Article 2 

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

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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