Proposal for a COUNCIL REGULATION activating the emergency support under Council Regulation (EU) 2016/369 of 15 March 2016 and amending its provisions in respect of the COVID-19 outbreak
Date: 2020-04-02
Institutions: Directorate-General for Budget, European Commission
Subjects: EU Member State, EU aid, EU financing, emergency aid, epidemic, general budget (EU), infectious disease

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   EUROPEAN COMMISSION  Brussels, 2.4.2020  COM(2020) 175 final 2020/0056 (NLE)  Proposal for a COUNCIL REGULATION activating the emergency support under Council Regulation (EU) 2016/369 of 15 March 2016 and amending its provisions in respect of the COVID-19 outbreak  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The COVID-19 pandemic is leading to an unprecedented loss  of life in the European Union and 
causing  untold  hardship  for  the  people  of  Europe.  Member  States  are  adopting  exceptional 
measures  restraining  personal  freedoms  to  limit  the  loss  of  lives  and  contain  the  spread  of  the 
virus. As a consequence, economic activities are disrupted causing liquidity constraints and severe 
deterioration of the financial situation of economic actors. 

The healthcare systems of Member States are under extreme pressure by the quick spread of the 
virus and the high number of patients that need hospitalisation. All Member States are forced to 
increase the spending on their healthcare systems in order to finance the increasing needs linked 
to  the  COVID-19  pandemic  while  continuing  to  provide  essential  medical  services  to  all  other 
patients. At the same time, EU countries have to allocate human resources to identify, procure and 
ensure the timely supply of the much needed medical equipment and accompanying provisions.  

While  presently  the  situation  in  the  different  Member  States  varies,  it  evolves  quickly  showing 
tangibly that the European Union as a whole is concerned and that a collective, coordinated and 
urgent response is needed to fight the spread of the virus effectively and mitigate its impact as fast 
as  possible.  Addressing  this  exceptional  situation  effectively  requires  a  coordinated  strategy  of 
different  measures  aiming  in  particular  at  preserving  people’s  lives,  preventing  and  alleviating 
human suffering and protecting human dignity.  

A  coordinated  action  at  EU  level  would  make  it  possible  to  both  address  the  current  crisis  and 
ensure a proper response in its aftermath inter alia through: 

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wider  and  faster  stock-piling  and  coordination  of  essential  resource  distribution 
across Europe; 

meeting  the  transport  needs  for  protective  gear  to  be  imported  from  international 
partners as well as transport across the EU; 

transportation  of  patients  in  need  to  cross-border  hospitals  which  can  offer  free 
capacity; 

cross-border  cooperation  to  alleviate  the  pressure  on  health  systems  in  the  most 
affected EU regions;  

central  procurement  and  distribution  of  essential  medical  supplies  to  hospitals  and 
emergency  supply  of  protective  gear  for  hospital  staff,  such  as  respirators, 
ventilators,  personal  protective  equipment,  reusable  masks,  medicines,  therapeutics 
and laboratory supplies and disinfectants; 

increasing  and  converting  production  capacities  of  EU  enterprises  to  ensure  rapid 
production  and  deployment  of  equipment  and  material  needed  to  urgently  address 
supplies shortages of essential products and medicines; 

increasing  care  facilities  and  resources,  including  temporary  and  semi-permanent 
field hospitals and support for reconverted facilities; 

increasing  the  production  of  testing  kits  and  support  for  acquiring  key  basic 
substances;  

boosting the swift development of medication and testing methods; 

developing,  purchasing  and  distributing  testing  supplies  (testing  kits,  reagents, 
hardware). 

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The  measures  foreseen  under  the  Union  Civil  Protection  Mechanism/rescEU,  the  Coronavirus 
Response  Investment  Initiative  to  deploy  European  Structural  and  Investment  Funds1  and  other 
Union  instruments  are  contributing  to  partly  address  the  current  public  health  emergency. 
However, the scale and scope of the challenge requires a stronger response, directed in particular 
to  the  EU  healthcare  sector.  That  is  why  the  Commission  proposes  to  mobilise  the  Emergency 
Support Instrument to equip the EU with a broader toolbox commensurate to the large scale of the 
current COVID-19 pandemic. 

In view of the above, support under the Emergency Support Regulation (No 2016/369) should be 
activated  as  soon  as  possible.  This  will  allow  the  Union  to  deploy  measures  preventing  and 
mitigating  severe  consequences  in  one  or  more  Member  States  and  addressing  in  a  coordinated 
manner  the  needs  related  to  the  COVID-19  disaster,  by  complementing  assistance  provided 
through other EU instruments.  

The Emergency Support Regulation offers a concrete means to express solidarity at EU level by 
involving  citizens  and  civil  society  in  the  fight  against  the  crisis.  On  the  expenditure  side  the 
instrument allows involving of NGOs as well as international organisations, regional and national 
authorities (e.g. health sectors). On the revenue side it foresees not only additional contributions 
from the Member States but also donations by individuals, foundations and even crowd funding. 
The  Commission  is  looking  into  putting  in  place  all  necessary  modalities  to  allow  speedy 
collection of contributions and donations. 

• 

Consistency with existing policy provisions in the policy area 

Taking  into  account  the  above  considerations,  the  Commission  proposes  to  activate  the 
emergency assistance support in accordance with Article 2 of Regulation 2016/369 and to amend 
some of its provisions to address the special needs of the COVID-19 outbreak. In particular, the 
Commission proposes: 

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activation of EU support from the 1 February 2020 and for a period of two years; 

extending  the  scope  of  the  eligible  actions  and  eligible  implementing  partners  in 
view of the large scope of the measures required to address the COVID–19 crisis and 
further defining the scope of eligible costs; 

retroactive application of the Regulation as from 1 February 2020 with eligibility of 
relevant actions as of that date in view of ensuring equality of treatment between the 
Member States; 

extended  period  for  concluding  legal  commitments  to  ensure  flexibility  in  the 
implementation of emergency support; 

possibility for the Commission to procure emergency support for the Member States 
to  address  their  needs  related  to  COVID-19  pandemic,  including  through  joint 
procurement, and centralised procurement on behalf of the Member States. 

The  coordinated  action  and  measures  allowed  under  the  proposed  Regulation  will  be 
complementary to support provided under other EU instruments.  

• 

Consistency with other Union policies: 

The proposal to activate the Emergency Support Instrument is part of the package of EU measures 
to  respond  to  the  current  COVID-19  pandemic.  Such  measures  are  based  on  a  coordinated  and 

1 

Proposal for a  Regulation of  the European Parliament and  of the  Council amending  Regulation (EU) No 
1303/2013, Regulation (EU) No 1301/2013 and Regulation (EU) No 508/2014 as regards specific measures 
to  mobilise  investments  in  the  health  care  systems  of  the  Member  States  and  in  other  sectors  of  their 
economies  in  response  to  the  COVID-19  outbreak  [Coronavirus  Response  Investment  Initiative],  of  13 
March 2020  COM(2020) 113 final. 

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ambitious approach to make the most effective use of available resources from the EU budget2, 
including the Coronavirus Response Investment Initiative, the proposed extension of the scope of 
the  EU  Solidarity  Fund  to  public  health  crises3,  exploiting  all  possibilities  under  financial 
instruments  and  the  EFSI  budgetary  guarantee  to  strengthen  investment  support  (e.g.  the 
Competitiveness of Small and Medium-Sized Enterprise - COSME - programme and the InnovFin 
SME Guarantees under the Horizon 2020 programme). 

This proposal complements all the measures mentioned above.  

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

As  specified  above,  the  COVID-19  pandemic  is  a  sudden  and  exceptional  event  entailing  a 
massive  and  disruptive  impact  on  the  Member  States’  financial,  economic  and  health  care 
systems.  This  EU  action  is  needed  to  respond  to  the  current  COVID-19  crisis  in  a  spirit  of 
solidarity.  It  is  therefore  under  Article  122(1)  TFEU  for  the  Union  to  adopt  the  envisaged 
measures and coordinated action aiming at tackling the encountered serious difficulties. 

• 

Subsidiarity (for non-exclusive competence)  

The activation of the Emergency Support Instrument to combat the COVID-19 within the EU is 
underpinned  by  the  subsidiarity  principle.  Due  to  the  global  dimension  of  the  COVID-19 
pandemic, the large scale of its economic and social effects and the high strain of the health care 
systems in all Member States, the Union is better placed than Member States alone to address the 
crisis in a holistic and coordinated manner across the board. 

Only a coordinated action motivated by a spirit of solidarity between Member States can ensure 
that  the  spread  of  COVID-19  is  stopped  efficiently  and  rapidly,  the  impact  of  the  disaster  is 
mitigated as much as possible and its aftermath is addressed to prevent its resurgence. Due to the 
pressing  demands  to  mobilise  resources  in  sufficient  scale  and  deploy  them  across  the  EU 
Member States on the basis of their needs, it is necessary that the EU acts in cooperation with all 
Member States hit by the COVID-19 pandemic. 

• 

Proportionality 

The  mobilisation  and  use  by  the  EU  of  all  resources  necessary  to  contain  the  spread  of  the 
COVID-19  would  significantly  help  to  increase  the  actions  for  preserving  human  life,  human 
health  and  dignity  and  to  revive  the  Member  States’  economies.  Given  the  unprecedented 
consequences of the COVID-19 for all EU citizens and all sectors of the economy and considering 
the  need  for  rapid  and  efficient  action,  the  proposal  does  not  go  beyond  what  is  necessary  to 
achieve the objectives laid down in the current instrument. 

• 

Choice of the instrument 

Taking  into  account  the  dimension  of  the  COVID-19  pandemic  and  of  the  scope  of  its  social, 
economic  and  financial  impact,  the  Commission  deems  suitable  to  act  by  way  of  a  regulation 
which is of general scope and  directly and immediately applicable. This would result in a swift, 
uniform and Union-wide financial assistance mechanism. 

2 

3 

Communication from the Commission to the European Parliament, the European Council, the Council, the 
European  Central  Bank,  the  European  Investment  Bank  and  the  Eurogroup,  Coordinated  economic 
response to the COVID-19 Outbreak, 13 March 2020, COM(2020) 112 final 
Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  amending  Council  Regulation 
(EC)  No  2012/2002  in  order  to  provide  financial  assistance  to  Member  States  and  countries  negotiating 
their  accession  to  the  Union  seriously  affected  by  a  major  public  health  emergency,  13  March  2020, 
COM(2020) 114 final. 

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3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Stakeholder consultations 

Due  to  the  urgency  to  prepare  the  proposal  so  that  it  can  be  adopted  on  time  by  the  Council,  a 
stakeholder consultation could not be carried out. 

• 

Collection and use of expertise 

Not relevant. 

• 

Impact assessment 

Due to the urgent nature of the proposal, no impact assessment was carried out. 

• 

Regulatory fitness and simplification 

Not relevant. 

• 

Fundamental rights 

Not relevant. 

4. 

BUDGETARY IMPLICATIONS 

An  allocation  of  EUR 2,7 billion  is  proposed  for  2020  to  support  the  financing  of  actions 
envisaged under the re-activated Emergency Support Instrument. Sources of financing are further 
described in the Legislative Financial Statement submitted with this proposal and reflected in the 
draft amending budget No. 2/2020.  

Additional  financing  may  be  provided  depending  on  the  evolution  of  the  crisis  and  the  related 
needs that cannot be covered by other instruments. 

5. 

OTHER ELEMENTS 

Not relevant. 

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2020/0056 (NLE) 

Proposal for a 

COUNCIL REGULATION 

activating the emergency support under Council Regulation (EU) 2016/369 of 15 March 
2016 and amending its provisions in respect of the COVID-19 outbreak 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 122(1) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

The COVID-19 crisis, declared a pandemic by the World Health Organisation (WHO) 
on  11  March  2020,  has  affected  the  European  Union  society  and  economy  in  a 
dramatic way, requiring the Member States to adopt a set of exceptional measures.  

In addition to the economic and social impact of the pandemic, the health care systems 
of Member States are severely strained by the crisis. All Member States are faced with 
increased demands in particular for medical equipment and provisions, essential public 
services and production capacities for such materials. 

Rapid and diversified measures are needed to allow the Union as a whole to address 
the crisis  in  a spirit  of solidarity under the constraints caused by the quick spread of 
the  virus.  In  particular,  such  measures  should  aim  to  preserve  life,  prevent  and 
alleviate human suffering  and maintain human dignity  wherever the need arises  as  a 
result of the current COVID-19 crisis. 

The  nature  and  consequences  of  the  COVID-19  outbreak  are  large-scale  and 
transnational and therefore require a comprehensive response. The measures provided 
for under the Union Civil  Protection Mechanism ("rescEU")  established by Decision 
No 1313/2013/EU of the European Parliament and of the Council4 and other existing 
Union instruments are limited in scale and therefore do not allow a sufficient response 
or make it possible to address effectively the large-scale consequences of the COVID-
19 crisis within the Union.  

Therefore, it is necessary to activate the emergency support under Council Regulation 
(EU) 2016/369. 

To allow for the level of flexibility needed to ensure a prolonged coordinated response 
under  unforeseen  circumstances  as  it  is  the  case  for  the  COVID-19  crisis,  e.g. 
provision  of  medical  supplies  and  medication,  recovery  measures,  relevant  medical 
research,  it  is  necessary  to  ensure  that  budgetary  commitments  made  during  the 
activation  period  can  be  used  for  concluding  legal  commitments  during  the  entire 
duration  of  the  activation  period,  without  prejudice  to  the  general  financial  rules 
applicable  to  the  general  budget  of  the  Union  laid  down  in  Article  114(2)  of 

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Decision No 1313/2013/EU of the European Parliament and of the Council of 17 December 2013 on a 
Union Civil Protection Mechanism (OJ L 347, 20.12.2013, p. 924). 

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(7) 

(8) 

(9) 

Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council5. 
Costs incurred under such legal commitments should be eligible for the whole period 
of their implementation. 

In order to ensure equal treatment and a level playing field for all Member State it is 
also necessary to allow for retroactive eligibility of costs as of the date of activation of 
the  support  including  for  actions  already  completed  provided  they  have  started  after 
that date. 

In order to preserve the subsidiary nature of emergency support under Regulation (EU) 
2016/369,  such  a  support  should  be  strictly  complementary  to  any  assistance  made 
available under other Union instruments.   

In  the  context  of  the  COVID-19  crisis  it  has  become  apparent  that  it  is  necessary  to 
extend the scope of Regulation (EU) 2016/369 in order to provide financing to cover 
urgent needs for medical equipment and materials, such as respiratory ventilators and 
protective gear, chemical supplies for tests, the costs for the development, production 
and  distribution  of  medication,  other  supplies  and  materials.  It  should  also  be  made 
possible to finance actions to support the necessary steps to obtain approval for the use 
of medical products.  

(10)  To  alleviate  the  acute  strain  on  the  medical  workforce  and  on  state  resources  due  to 
insufficient capacities of essential public services, and to maintain the viability of the 
healthcare system, a temporary reinforcement and exchange of medical professionals 
as  well  as  the  treatment  of  patients  from  other  Member  States  should  be  supported 
financially or by organisational means. 

(11)  Professionals  in  healthcare  and  logistics  should  receive  training  also  in  view  of  the 

fight against counterfeiting of healthcare supplies. 

(12) 

(13) 

In  view  of  the  large-scale  consequences  of  COVID-19,  a  rapid  and  comprehensive 
engagement of all relevant partners is required, including public authorities, public and 
private  primary  and  hospital  care  suppliers  and  nursing  homes,  etc.  Activities  to 
relieve  pressure  on  the  health  infrastructure  and  to  support  groups  of  vulnerable 
persons at risk are needed. 

In  order  to  address  supply  shortages,  production  capacities  for  essential  medical 
products such as medication, diagnostic tests, laboratory supplies, protective gear, etc. 
should  be  supported  and  funding  should  be  provided  to  maintain  a  stock  of  these 
products. 

(14)  Additional  or  alternative  testing  methods  to  increase  capacity  and  relevant  medical 

research should be assisted by financial and/or organisational means. 

(15)  Contracting authorities from Member States are facing considerable legal and practical 
difficulties  in  purchasing  supplies  or  services  in  emergency  situations.  In  order  to 
allow  contracting  authorities  to  derive  maximum  benefit  from  the  potential  of  the 
internal market in terms of economies of scale and risk-benefit sharing, it is of utmost 
importance  to  extend  the  possibilities  for  the  Commission  to  purchase  supplies  or 
services  on  behalf  of  the  Member  States.  The  Commission  should  be  enabled  to 

5 

Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on 
the  financial  rules  applicable  to  the  general  budget  of  the  Union,  amending  Regulations  (EU)  No 
1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) 
No  1316/2013,  (EU)  No  223/2014,  (EU)  No  283/2014,  and  Decision  No  541/2014/EU and  repealing 
Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1). 

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conduct  the  relevant  procurement  procedures.  Where  a  contracting  authority  of  a 
Member  State  conducts  certain  parts  of  the  procedure,  for  instance  the  reopening  of 
competition under a framework agreement or the award of individual contracts based 
on a dynamic purchasing system, that contracting authority would be responsible for 
the stages it conducts. 

(16)  For  emergency  situations,  where  it  is  necessary  to  carry  out  a  joint  procurement 
between  the  Commission  and  one  or  more  contracting  authorities  from  the  Member 
States, it should be made possible that Member States acquire, rent or lease fully the 
capacities jointly procured. 

(17)  The  Commission  should  be  allowed  to  buy,  stock,  resell  and  donate  supplies  and 
services, including rentals, to Member States or partner organisations selected by the 
Commission.  

(18)  Regulation (EU) 2016/369 should therefore be amended accordingly. 

(19)  Given the situation related to the COVID-19 crisis, it is necessary for this Regulation 

to enter into force as a matter of urgency. 

(20) 

In order to ensure equal treatment and a level playing field for all Member States and 
provide coverage regardless of when the outbreak occurred in each Member State it is 
necessary to apply this Regulation from 1 February 2020, 

HAS ADOPTED THIS REGULATION: 

Emergency  support  under  Regulation  (EU)  2016/369  is  hereby  activated  to  finance 
expenditure necessary to address the COVID-19 pandemic for the period 1 February 2020 to 
31 January 2022.  

Article 1 

Article 2 

By  way  of  derogation  from  and  without  prejudice  to  Article  114(2)  of  Regulation  (EU, 
Euratom) 2018/1046 the global budgetary commitments giving rise to expenditure for support 
under  this  Regulation  shall  cover  the  total  costs  of  the  corresponding  legal  commitments 
entered into until the end of the activation period referred to in Article 1. 

Expenditure shall be eligible as from the date of activation of the support referred to in Article 
1.  

By  way  of  derogation  from  Article  193(3)  of  Regulation  (EU,  Euratom)  2018/1046,  grants 
may  be  awarded  for  actions  already  completed  before  the  date  of  entry  into  force  of  this 
Regulation  provided  that  the  actions  started  after  the  date  of  the  activation  referred  to  in 
Article 1. 

Regulation (EU) 2016/369 is amended as follows: 

(1) 

Articles 3 and 4 are replaced by the following:  

Article 3 

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“Article 3 

Eligible actions 

1. Emergency support under this Regulation shall provide a needs-based emergency 
response,  complementing  the  response  of  the  affected  Member  States  aimed  at 
preserving life, preventing and alleviating human suffering, and maintaining human 
dignity wherever the need arises as a result of a disaster referred to in Article 1(1). 
Without prejudice to the activation period as referred to in Article 2(1) support may 
also  be  granted  in  view  of  addressing  needs  in  the  aftermath  of  a  disaster  or 
preventing its resurgence. 

2.  Emergency  support,  as  referred  to  in  paragraph  1,  may  include  any  of  the 
humanitarian  aid  actions  which  would  be  eligible  for  Union  financing  pursuant  to 
Articles  2,  3  and  4  of  Regulation  (EC)  No  1257/96,  and  may  consequently 
encompass assistance, relief and, where necessary, protection operations to save and 
preserve  life  in  disasters  or  in  their  immediate  aftermath.  It  may  also  be  used  to 
finance any other expenditure directly related to the implementation of emergency 
support  under  this  Regulation.  In  particular,  support  may  be  used  to  finance  the 
actions laid down in Annex 1. 

3. Without prejudice to paragraph 4, emergency support under this Regulation shall 
be  granted  and  implemented  in  compliance  with  the  fundamental  humanitarian 
principles of humanity, neutrality, impartiality and independence. 

4. The actions referred to in paragraph 2 shall be carried out by the Commission or 
by partner organisations selected by the Commission. The Commission may notably 
select,  as  partner  organisations,  non-governmental  organisations,  specialised 
services  of  the  Member  States,  national  authorities  and  other  public  bodies, 
international organisations and their agencies and, where appropriate and necessary 
for  the  implementation  of  an  action,  other  organisations  and  entities  having  the 
requisite expertise or active in the sectors relevant for disaster relief, such as private 
service  providers,  equipment  manufacturers  as  well  as  scientists  and  research 
institutions.  In  doing  so,  the  Commission  shall  maintain  a  close  cooperation  with 
the affected Member State. 

Article 4 

Types of financial intervention and implementing procedures  

1.  The  Commission  shall  implement  the  Union's  financial  support  in  accordance 
with  Regulation  (EU,  Euratom)  2018/1046  of  the  European  Parliament  and  of  the 
Council6.  In  particular,  Union  financing  for  support  actions  under  this  Regulation 
shall be implemented by means of direct or indirect management in accordance with 
points (a) and (c), respectively, of Article 62(1) of that Regulation. 

6 

Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on 
the  financial  rules  applicable  to  the  general  budget  of  the  Union,  amending  Regulations  (EU)  No 
1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) 
No  1316/2013,  (EU)  No  223/2014,  (EU)  No  283/2014,  and  Decision  No  541/2014/EU and  repealing 
Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1). 

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2. Emergency support under this Regulation shall be financed by the general budget 
of  the  Union  and  by  contributions  which  may  be  made  by  Member  States  and  by 
other  public  or  private  donors  as  external  assigned  revenue  in  accordance  with 
Article 21(5) of Regulation (EU, Euratom) No 2018/1046.  

3. Union financing for support actions under this Regulation to be implemented by 
means of direct management may be awarded directly by the Commission without a 
call for proposals, in accordance with Article 195 of Regulation (EU, Euratom) No 
2018/1046.  To  that  effect,  the  Commission  may  enter  into  framework  partnership 
agreements  or  rely  on  existing  framework  partnership  agreements  concluded 
pursuant to Regulation (EC) No 1257/96. 

4. Where the Commission implements emergency support operations through non-
governmental  organisations,  the  criteria  concerning  financial  and  operational 
capacity  shall  be  deemed  to  be  satisfied  where  there  is  a  framework  partnership 
agreement  in  force  between  that  organisation  and  the  Commission  pursuant  to 
Regulation (EC) No 1257/96. 

5. Emergency support under this Regulation may be granted in any of the following 
forms: 

(a)  joint  procurement  with  the  Member  States  as  referred  to  in  Article  165  (2)  of 
Regulation  (EU,  Euratom)  2018/1046  whereby  Member  States  may  acquire, 
rent or lease fully the capacities jointly procured; 

(b)  procurement  by  the  Commission  on  behalf  of  the  Member  States  based  on  an 

agreement between the Commission and the Member States.  

(c) procurement by the Commission as wholesaler by buying, stocking and reselling 
or donating supplies and services, including rentals, to Member States or partner 
organisations selected by the Commissions.   

6.  In  the  event  of  a  procurement  procedure  as  referred  to  in  paragraph  5(b),  the 
ensuing contracts shall be concluded by either of the following: 

(a) by the Commission whereby the services or goods shall be rendered or delivered 

to Member States or to partner organisations selected by the Commission; 

(b)  by  the  participant  Member  States  whereby  they  shall  directly  acquire,  rent  or 

lease the capacities procured for them by the Commission. 

7. In the event of procurement procedures as referred to in paragraph 5(b) and (c), 
the Commission shall follow the rules of Regulation (EU, Euratom) 2018/1046 for 
its own procurement.” 

(2) 

In Article 5, paragraphs 1 and 2 are replaced by the following: 

“1. Union financing may cover any direct costs necessary for the implementation of 
the  eligible  actions  set  out  in  Article  3,  including  the  purchase,  preparation, 
collection,  transport,  storage  and  distribution  of  goods  and  services  under  those 
actions  as  well  as  investment  costs  of  actions  or  projects  directly  related  to  the 
achievement of the objectives of the emergency support activated in accordance with 
this Regulation. ” 

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2. The indirect costs of the partner organisations may also be covered in accordance 
with Regulation (EU, Euratom) 2018/1046. ” 

(3) 

The following Annex 1 is added:  

“ANNEX 1 

Eligible actions 

The following actions may be financed in case of pandemics with large scale effect:  

(a)  temporary  reinforcement  of  the  medical  workforce,  exchange  of  medical 

professionals, hosting foreign patients or other type of mutual support;  

(b)  deployment  of  temporary  health  care  facilities  and  temporary  extension  of 
existing  health  care  facilities  to  relieve  pressure  on  existing  structures  and 
increase overall health care capacity; 

(c) activities to support the administration of large-scale application of medical tests 

and prepare the necessary scientific testing strategies and protocols; 

(d) setting up temporary quarantine facilities and other appropriate measures at the 

Union borders; 

(e) development, production or purchase and distribution of medical products; 

(f)  increases  and  conversions  of  production  capacities  for  medical  products  as 

referred to in point (e) to address supply shortages; 

(g) maintenance of the stock of medical products as referred to in point (e) and their 

disposal; 

(h)  actions  to  support  the  necessary  steps  to  obtain  approval  for  the  use  of  the 

medical products as referred to in point (e) if required; 

(j) actions to develop appropriate methods to track the development of the epidemic 

and the results of measures implemented to address it; 

(k)  organisation  of  ad-hoc  clinical  trials  of  potential  therapies  or  diagnostics 

according to trial standards agreed at Union level; 

(l)  scientific  validation  of  medical  products,  including  potential  new  testing 

methods. 

The above list is not exhaustive.” 

Article 3 

Entry into force 

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

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This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 

For the Council 
The President 

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LEGISLATIVE FINANCIAL STATEMENT 

1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE  

1.1.  Title of the proposal/initiative  

1.2.  Policy area(s) concerned in the ABM/ABB structure 

1.3.  Nature of the proposal/initiative  

1.4.  Objective(s)  

1.5.  Grounds for the proposal/initiative  

1.6.  Duration and financial impact  

1.7.  Management mode(s) planned  

2. 

MANAGEMENT MEASURES  

2.1.  Monitoring and reporting rules  

2.2.  Management and control system  

2.3.  Measures to prevent fraud and irregularities  

3. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE  

3.1.  Heading(s)  of  the  multiannual  financial  framework  and  expenditure  budget 
line(s) affected  

3.2.  Estimated impact on expenditure  

3.2.1. Summary of estimated impact on expenditure  

3.2.2. Estimated impact on operational appropriations  

3.2.3. Estimated impact on appropriations of an administrative nature 

3.2.4. Compatibility with the current multiannual financial framework 

3.2.5. Third-party contributions  

3.3.  Estimated impact on revenue

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LEGISLATIVE FINANCIAL STATEMENT 

1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE  

1.1. 

Title of the proposal/initiative  

Proposal  for  a  Council  Regulation  activating  the  emergency  support  under  Council 
Regulation (EU) 2016/369 of 15 March 2016 and amending its provisions in respect 
of COVID-19 outbreak. 
Policy area(s) concerned in the ABM/ABB structure7  

1.2. 

Migration and home affairs (Title 18 of the general budget of the European Union, 
Section 3 Commission) 

1.3. 

Nature of the proposal/initiative  

X The proposal/initiative relates to a new action  

  The  proposal/initiative 
project/preparatory action8  

relates 

to  a  new  action 

following  a  pilot 

 The proposal/initiative relates to the extension of an existing action  

 The proposal/initiative relates to an action redirected towards a new action  

1.4. 

Objective(s) 

1.4.1.  The  Commission's  multiannual 

strategic  objective(s) 

targeted  by 

the 

proposal/initiative  

Emergency support may be awarded under Regulation (EU) 2016/369 in the event of 
an  ongoing  or  potential  natural  or  man-made  disaster,  where  the  exceptional  scale 
and  impact  of  the  disaster  is  such  that  it  gives  rises  to  severe  wide-ranging 
humanitarian  consequences  in  one  or  more  Member  States  and  only  in  exceptional 
circumstances  where  no  other  instrument  available  to  Member  States  and  to  the 
Union is sufficient.  

Activating  emergency  support  under  Council  Regulation  (EU)  2016/369  should 
directly  contribute  to  protect  the  fundamental  rights  of  those  people  who  would 
benefit  from  the  actions  receiving  financial  assistance  as  part  of  the  activation, 
including the protection of human dignity, and the rights to life and integrity of the 
person (Articles 1, 2 and 3 of the EU Charter of Fundamental Rights). 

The objective of this Council Regulation is to lay down measures to respond to the 
urgent and exceptional humanitarian needs experienced in Member States as a result 
of  the  spreading  of  the  severe  acute  respiratory  syndrome  coronavirus  2  (SARS-
CoV-2)  and  the  related  disease  (COVID-19),  which  has  been  characterised  by  the 
World  Health  Organization  (WHO)  as  a  public  health  emergency  of  international 
concern and a global pandemic. All EU Member States (as well as the EEA countries 
and the UK) are affected. 

1.4.2. 

Specific objective(s) and ABM/ABB activity(ies) concerned  

Specific objective 

7 
8 

ABM: activity-based management; ABB: activity-based budgeting. 
As referred to in Article 54(2)(a) or (b) of the Financial Regulation. 

EN 

13 

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To  provide  emergency  support  within  the  Union  to  address  urgent  humanitarian 
needs in the form of support to Member States, assistance, relief and, where need be,  
operations to preserve life.  

This initiative shall be a concrete sign of solidarity within the Union. 

1.4.3.  Expected result(s) and impact 

Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted. 

The  proposal  will  enable  the  European  Union  to  address,  within  its  territory,  the 
urgent  humanitarian  needs  of  EU  citizens  and  residents  as  a  consequence  of  the 
COVID-19 outbreak.  

In particular, undertaking actions aimed at transportation of equipment, provision of 
temporary  hospitals  and  medical  teams,  specialised  hospitals  for  COVID  patients, 
medical  supplies  (including  ventilators,  personal  protective  equipment,  diagnostics 
and  therapeutics),  flying  medical  teams,  transport  of  COVID  and  non-COVID 
patients.  

Emergency  support  ill  be  provided  in 
humanitarian principles of humanity, neutrality, impartiality and independence. 

  compliance  with  the  fundamental  

1.4.4. 

Indicators of results and impact  

Specify the indicators for monitoring implementation of the proposal/initiative. 

Number of people benefitting from emergency support within the European Union in  
absolute  number  and,  if  available,  as  percentage  of  the  total  of  those  needing  
assistance. 

Number of temporary hospitals and medical teams, flying medical teams. 

Magnitude of the medical supplies provided (in absolute number and, if available, as 
percentage of total needs). 

1.5. 

Grounds for the proposal/initiative  

1.5.1.  Requirement(s) to be met in the short or long term  

The  current  proposal  for  a  Council  Regulation  aims  at  complementing  the  existing 
Union  instruments  and  legal  bases,  and  namely  to  provide  in  a  more  targeted  way, 
emergency support to people within the Union to address urgent humanitarian needs 
as  a  consequence  of  the  COVID-19  outbreak  in  Member  States.  The  provision  of 
emergency  support  within  the  European  Union  is  necessary  where  the  exceptional 
scale  and  impact  is  such  that  it  gives  rise  to  severe,  wide-ranging  humanitarian 
consequences. 

1.5.2.  Added value of EU involvement 

Actions taken by the affected Member States, including with Union financial support 
to be made available under other Union instruments would not appear to be able to 
address  effectively  the  public  health  related  humanitarian  consequences  of  the 
outbreak  within  the  Union,  in  light  notably  of  the  timeframe  within  which  such 
Union financial support may be made available. 

As  the  conditions  set  out  in  Article  1  of  Council  regulation  (EU)  2016/369  are 
satisfied,  it  is  appropriate  for  the  Council  to  activate  emergency  support  under  the 
Regulation in respect of the COVID-2019 outbreak. 

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14 

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Lessons learned from similar experiences in the past 

The  Council  Regulation  on  the  provision  of  emergency  support  within  the  Union.  
was adopted by the Council on 15 March 2016. The Emergency Support Instrument 
was activated in 2016 in order to cope with the large influx of refugees and migrants 
in Greece that created a humanitarian emergency.  

In  line  with  Article  8(2)  of  Council  Regulation  (EU)  2016/369,  the  Commission 
submitted an evaluation of the operation of the Regulation to the Council in March 
2019. The evaluation was positive and led to the Regulation being kept in force even 
though inactivated and without there being proposed any amendment thereto. 

1.5.3.  Lessons learned from similar experiences in the past 

The financing of this initiative requires an amendment of the MFF Regulation. 

Through its Civil Protection Mechanism ("the Union Mechanism"), the Union seeks 
to  strengthen  the  cooperation  between  the  Union  and  the  Member  States  and  to 
facilitate  coordination  in  the  field  of  civil  protection  in  order  to  improve  the 
effectiveness of systems for preventing, preparing for and responding to natural and 
man-made  disasters.  The  Union  Mechanism  can  be  activated  by  Member  States  in 
case  of  natural  and  man-made  disasters,  including  acute  health  emergencies 
occurring inside the Union.  

Building up rescEU capacities is still work in progress in  relation to assets directly 
relevant for the crises for which the activation is proposed.  

Therefore,  while  it  is  beyond  doubt  that  any  support  to  be  awarded  under  the 
proposed  activation  would  need  to  be  complementary  to  any  assistance  offered 
through  the  Mechanism,  any  assistance  to  be  made  available  thereunder  is  most 
unlikely  to  be  of  such  a  scale  that  it  could  be  considered  as  being  sufficient  to 
address  effectively  the  public  health  related  humanitarian  consequences  of  the 
outbreak within the Union. Measures under the Civil Protection Mechanism and the 
Emergency Support Instrument are therefore complementary. 

To  the  extent  that  it  serves  to  provide  emergency  assistance  to  meet  the  needs  of 
people  affected  by  disasters,  emergency  support  under  Council  Regulation  (EU) 
2016/369  could  be  considered  to  be  close  to  the  type  of  assistance  to  be  awarded 
under Council regulation (EC) No 1257/96 of 20 June 1996 concerning humanitarian 
aid.  Council  Regulation  (EC)  No  1247/96  can  however  only  be  used  to  finance 
humanitarian  aid  operations  outside  of  the  Union,  and  is  therefore  no  substitute  to 
Council Regulation (EU) 2016/369 in case of disasters within the Union.  

1.5.4.  Compatibility and possible synergy with other appropriate instruments 

All  possible  redeployments  have  been  exhausted  in  the  current  context  of  the 
COVID-19  outbreak.  The  magnitude  of  the  COVID-19  outbreak  in  Member  States 
and the potential, related needs justify the use of special instruments as provided in 
the MFF Regulation. 

1.6. 

Duration and financial impact  

X Proposal of limited duration  

–  in effect from the date of adoption for a period of 24 months (‘activation period’); 
actions receiving financial support under Regulation (EU) 2016/369 as part of this 
activation  may  have  an  implementation  period  ending  after  the  end  of  the 

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15 

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activation  period  provided  any  such  implementation  period  does  not  end  more 
than 24 months after the end of the activation period 

–  Financial impact: 2020 for commitment appropriations and from 2020 to 2023 for 

payment appropriations.  

1.7.  Management mode(s) planned9  

X Direct management by the Commission 

–  X by its departments, including by its staff in the Union delegations;  

–    by the executive agencies  

 Shared management with the Member States  

X Indirect management by entrusting budget implementation tasks to: 

–   third countries or the bodies they have designated; 

–  X international organisations and their agencies (to be specified); 

–  the EIB and the European Investment Fund; 

–   bodies referred to in Articles 208 and 209 of the Financial Regulation; 

–  X public law bodies; 

–  X bodies governed by private law with a public service mission to the extent that 

they provide adequate financial guarantees; 

–   bodies governed by the private law of a Member State that are entrusted with 
the  implementation  of  a  public-private  partnership  and  that  provide  adequate 
financial guarantees; 

–    persons  entrusted  with  the  implementation  of  specific  actions  in  the  CFSP 

pursuant to Title V of the TEU, and identified in the relevant basic act. 

– 

If more than one management mode is indicated, please provide details in the ‘Comments’ section. 

Comments  

None. 

9 

Details  of  management  modes  and  references  to  the  Financial  Regulation  may  be  found  on  the 
BudgWeb site: http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html 

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2. 

MANAGEMENT MEASURES  

2.1.  Monitoring and reporting rules  

Specify frequency and conditions. 

Actions  receiving  financial  assistance  under  this  proposal  shall  be  monitored 
regularly.  

The Commission shall prepare and submit to the Council an ex post evaluation report 
3 years after the entry into force of the regulation. 

2.2.  Management and control system  

2.2.1.  Risk(s) identified  

Implementation  will  be  made  through  actions  carried  out  by  selected  partner 
organisations,  including  NGOs  and  United  Nations  and  its  Agencies,  International 
Organisations  and  Member  States  Specialised  Agencies  through  direct  and  indirect 
management.  Certain  activities  may  be  implemented  through  specific  actions  by 
other  organisations  through  direct  management  when  necessary.  This  set-up  is 
considered the most appropriate to achieve the objectives of the instrument by fully 
taking  into  consideration  the  principles  of  economy,  efficiency  and  best  value  for 
money.  

For  activities  close  in  nature  to  humanitarian  aid  activities  the  payment  modalities 
applicable  to  the  Humanitarian  Aid  instrument  and  the  Union’s  Civil  Protection 
Mechanism  in  both  direct  and  indirect  management  modes  will  be  applied  as  they 
proved to be adequate. 

2.2.2. 

Information concerning the internal control system set up 

The  European  Commission's  existing  internal  control  system  applies  to  ensure  that 
funds  available  under  the  Union  Mechanism  are  used  properly  and  in  line  with 
appropriate legislation.  

The current system is setup as follows:  

1.  The  internal  control  team  within  the  lead  service  (Directorate-General  for 
European Civil Protection and Humanitarian Aid Operations /DG ECHO) focuses on 
compliance  with  administrative  procedures  and  legislation  in  force.  The  Internal 
Control Framework of the Commission is used for this purpose. Other Commission 
services  involved  in  the  implementation  of  the  Instrument  will  follow  the  same 
Control Framework.  

2. Regular audit of grants and contracts by external auditors, which will be awarded 
under this instrument will be fully  incorporated in annual audit plans.  

3. Evaluation of overall activities by external evaluators.  

Actions performed may  be audited by the European Anti-Fraud office (OLAF)  and 
the Court of Auditors.  

On supervision and monitoring of activities close to humanitarian aid activities, the 
extensive  experience  acquired  by  implementing  the  Humanitarian  Aid  instrument 
and the Union’s Civil Protection Mechanism in both direct and indirect management 
modes will be applied. 

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2.2.3.  Estimate of the costs and benefits of the controls and assessment of the expected level 

of risk of error  

As  a  reference,  the  estimated  cost  of  DG  ECHO’s  control  strategy  represents  0.3%  of 
indirect  management  of  the  2018  budget  and  0.5 %  of  direct  management  of  the  2018 
budget. The main components of this indicator are:  

– the total staff costs of DG ECHO experts in the field, plus those of the financial and 
operational  units  multiplied  by  the  estimated  portion  of  time  dedicated  to  quality 
assurance, control and monitoring activities;  

–  the  total  resources  in  DG  ECHO's  external  audit  sector  devoted  to  audits  and 
verifications.  

Taking  into  account  the  low  cost  of  such  controls  together  with  the  quantifiable 
(corrections  and  recoveries)  and  unquantifiable  (deterrent  effect  and  quality  insurance 
effect of controls) benefits linked to these, the Commission is able to conclude that the 
quantifiable and unquantifiable benefits from controls largely outweigh the limited cost 
of these.  

With  regard  to  the  entrusted  entities  implementing  EU  funding  under  indirect 
management mode, the Commission contributes up to 7% of their indirect eligible costs 
to ensure supervision and management of the EU funding.  

This  is  confirmed  by  the  0.5%  multi-annual  residual  error  rate  reported  by  the 
Commission in 2018 for its humanitarian aid and civil protection department. 

2.3.  Measures to prevent fraud and irregularities  

Specify existing or envisaged prevention and protection measures. 

As a reference, DG ECHO’s anti-fraud strategy, in line with the Commission's anti-fraud 
strategy, is used in order to ensure that:  

–  DG  ECHO’s  internal  anti-fraud  related  controls  are  fully  aligned  with  the 
Commission’s anti-fraud strategy;AFS;  

– DG ECHO’s fraud risk management approach is geared to identify fraud risk areas and 
adequate responses.  

The  systems  used  for  spending  EU  funds  in  third  countries  enable  relevant  data  to  be 
retrieved so that this data can be fed into fraud risk management (e.g. to detect double 
funding).  

Where necessary, networking groups and adequate IT tools dedicated to analysing fraud 
cases related to the sector may be set up. 

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3. 

3.1. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE  

Heading(s)  of  the  multiannual  financial  framework  and  expenditure  budget 
line(s) affected  

  Existing budget lines  

In order of multiannual financial framework headings and budget lines. 

Budget line 

Heading of 
multiannual 
financial 
framework 

Number  

Type of  
expenditure 

Diff./Non-
diff.10 

Contribution  

from 
EFTA 
countries
11 

from 
candidate 
countries12 

from third 
countries 

within the 
meaning of 
Article 21(2)(b) of 
the Financial 
Regulation  

3 

3 

18 01 04 05  Support  expenditure 
emergency support within the Union 

for 

Non-diff. 

NO 

NO 

NO 

NO 

18 07 01 
support within the Union  

Instrument 

for 

emergency 

Diff 

NO 

NO 

NO 

NO 

  No new budget lines requested  

10 
11 
12 

Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations. 
EFTA: European Free Trade Association.  
Candidate countries and, where applicable, potential candidates from the Western Balkans. 

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3.2. 

Estimated impact on expenditure  

3.2.1. 

Summary of estimated impact on expenditure  

Heading of multiannual financial  
framework  

3 

Security and Citizenship 

EUR million (to three decimal places) 

DG: ECHO 

Year 
2020 

Year 
2021 

Year 
2022 

Year 
2023 

TOTAL 

 Operational appropriations  

18 07 01 

Commitments 

Payments 

(1) 

(2) 

2 646,000 
1 326,000 

- 
790,000 

- 
265,000 

- 
265,000 

2 646,000 
2 646,000 

Appropriations  of  an  administrative  nature  financed  from  the 
envelope of specific programmes13  

18 01 04 05 

TOTAL appropriations 
for DG ECHO 

 TOTAL operational appropriations  

Commitments 

Payments 

Commitments 

Payments 

 TOTAL appropriations of an administrative nature financed 
from the envelope for specific programmes  

(3) 

=1+1a 
+3 

=2+2a 

+3 

(4) 

(5) 

(6) 

54,000 

2 700,000 

- 

- 

- 

- 

- 

- 

54,000 

2 700,000 

1 380,000 

790,000 

265,000 

265,000 

2 700,000 

2 646,000 

1 326,000 

- 

- 

- 

790,000 

265,000 

265,000 

2 646,000 

2 646,000 

54,000 

- 

- 

- 

54,000 

13 

EN 

Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, 
direct research. 

20 

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TOTAL appropriations  
under HEADING 3 
of the multiannual financial framework 

Commitments 

=4+ 6 

2 700,000 

- 

- 

- 

2 700,000 

Payments 

=5+ 6 

1 380,000 

790,000 

265,000 

265,000 

2 700,000 

Heading of multiannual financial  
framework  

5 

‘Administrative expenditure’ 

Year 
2020 

Year 
2021 

Year 
2022 

Year 
2023 

TOTAL 

EUR million (to three decimal places) 

Commission 

 Human resources  

 Other administrative expenditure  

2,700 

2,700 

1,550 

1,150 

- 

- 

- 

- 

TOTAL Commission 

Appropriations  

2,700 

2,700 

1,550 

1,150 

8,100 

- 

8,100 

TOTAL appropriations 
under HEADING 5 
of the multiannual financial framework  

(Total  commitments  = 
Total payments) 

2,700 

2,700 

1,550 

1,150 

8,100 

Year 
2020 

Year 
2021 

Year 
2022 

Year 
2023 

TOTAL 

EUR million (to three decimal places) 

TOTAL appropriations  
under HEADINGS 1 to 5 
of the multiannual financial framework  

Commitments 

2 702,700 

2,700 

1,550 

1,150 

2 708,100 

Payments 

1 382,700 

792,700 

266,550 

266,150 

2 708,100 

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3.2.2.  Estimated impact on operational appropriations  

–    The proposal/initiative does not require the use of operational appropriations  

–  X  The proposal/initiative requires the use of operational appropriations, as explained below: 

Commitment appropriations in EUR million (to three decimal places) 

Year 
2020 

Year 
2021 

OUTPUTS 

TOTAL 

Indicate objectives and outputs 

Average 
cost 

o
N

Cost 

o
N

Cost 

Total No 

SPECIFIC OBJECTIVE14: 

Transportation of equipment 

Temporary hospitals and medical teams 

Specialised hospitals for COVID 

Medical supplies (ventilators) 

Medical supplies (other) 

Flying medical teams 

1 

10 

100 

0,018 

0,002 

0,04 

80 

9,6 

8 

14 000 

428 000 

800 

80 

96 

800 

252 

856 

32 

20 

2,4 

2 

3 500 

20 

24 

200 

63 

100 

12 

10 

17 500 

107 000 

214 

535 000 

1 070 

200 

8 

1 000 

40 

Total 
cost 

100 

120 

1 000 

315 

Subtotal for specific objective No 1 

442 898 

2 116 

110 724 

529 

553 622 

2 645 

TOTALS 

442 898 

2 116 

110 724 

529 

553 622 

2 645 

14 

As described in point 1.4.2. ‘Specific objective(s)…’  

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3.2.3.  Estimated impact on appropriations of an administrative nature 

3.2.3.1.  Summary  

–    The  proposal/initiative  does  not  require  the  use  of  appropriations  of  an 

administrative nature  

–  X  The proposal/initiative requires the use of appropriations of an administrative 

nature, as explained below: 

EUR million (to three decimal places) 

Year 
2020 

Year 
2021 

Year 
2022 

Year 
2023 

TOTAL 

HEADING 5 
of the multiannual 
financial framework 

Human resources  

2,700 

2,700 

1,550 

1,150 

8,100 

Other administrative 
expenditure  

Subtotal HEADING 5 
of the multiannual 
financial framework  

Outside HEADING 515 
of the multiannual 
financial framework  

Human resources  

Other expenditure  
of an administrative 
nature 

Subtotal  
outside HEADING 5 
of the multiannual 
financial framework  

2,700 

2,700 

1,550 

1,150 

8,100 

54,000 

- 

- 

- 

54,000 

TOTAL 

56,700 

2,700 

1,550 

1,150 

62,100 

The  appropriations  required  for  human  resources  and  other  expenditure  of  an  administrative  nature  will  be  met  by 
appropriations from the DG that are already assigned to  management of the action and/or have been redeployed within the 
DG,  together  if  necessary  with  any  additional  allocation  which  may  be  granted  to  the  managing  DG  under  the  annual 
allocation procedure and in the light of budgetary constraints. 

15 

Technical  and/or  administrative  assistance  and  expenditure  in  support  of  the  implementation  of  EU programmes 
and/or actions (former ‘BA’ lines), indirect research, direct research. 

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3.2.3.2.  Estimated requirements of human resources 

–    The proposal/initiative does not require the use of human resources.  

–  X  The  proposal/initiative  requires  the  use  of  human  resources,  as  explained 

below: 

 Establishment plan posts (officials and temporary staff) 

XX 01 01 01 (Headquarters and Commission’s Representation Offices) 

10 

10 

5 

5 

Estimate to be expressed in full time equivalent units 

Year 
2020 

Year 
2021 

Year 
2022 

Year 
2013 

XX 01 01 02 (Delegations) 

XX 01 05 01/11/21 (Indirect research) 

10 01 05 01/11 (Direct research) 

External staff (in Full Time Equivalent unit: FTE)16 

XX 01 02 01 (AC, END, INT from the ‘global envelope’) 

15 

15 

10 

5 

XX 01 02 02 (AC, AL, END, INT and JPD in the delegations) 

XX 01 04 yy 17 

- at Headquarters 

- in Delegations  

XX 01 05 02/12/22 (AC, END, INT - Indirect research) 

10 01 05 02/12 (AC, END, INT - Direct research) 

Other budget lines (specify) 

TOTAL 

XX is the policy area or budget title concerned. 

25 

25 

15 

10 

The human resources required will be met by staff from the DGs who are already assigned to management of the 
action and/or have been redeployed  within the DGs, together if  necessary  with any  additional allocation which 
may  be  granted  to  the  managing  DGs  under  the  annual  allocation  procedure  and  in  the  light  of  budgetary 
constraints. 

Description of tasks to be carried out: 

Officials and temporary staff 

External staff 

16 

17 

AC=  Contract  Staff;  AL  =  Local  Staff;  END=  Seconded  National  Expert;  INT  =  agency  staff; 
JPD= Junior Professionals in Delegations.  
Sub-ceiling for external staff covered by operational appropriations (former ‘BA’ lines). 

EN 

24 

  EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
3.2.4.  Compatibility with the current multiannual financial framework  

–    The  proposal/initiative  is  compatible  the  current  multiannual  financial 

framework. 

–    The proposal/initiative will entail reprogramming of the relevant heading in the 

multiannual financial framework. 

–  X  The  proposal/initiative  requires  the  use  of  the  unallocated  margin  under  the 
relevant heading of the MFF and/or use of the special instruments or revision of 
the multiannual financial framework. 

Given  the  absence  of  margins  and  room  for  redeployment  under  heading  3  of  the  MFF,  the 
Commission proposes in parallel to this initiative: 

to  amend  the  MFF  Regulation  so  as  to  remove  the  limitations  in  the  scope  of  the  Global 
• 
Margin for Commitment and to use the remaining amount under this instrument for this initiative (in 
draft amending budget No°2/2020); 

• 

• 

to mobilise the remaining amount of the Flexibility Instrument; 

to mobilise the Contingency Margin for the balance. 

3.2.5.  Third-party contributions  

–  X The proposal/initiative does not provide for co-financing by third parties.18  

–    The proposal/initiative provides for the co-financing estimated below: 

Appropriations in EUR million (to three decimal places) 

Year 
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

Enter as many years as necessary 
to show the duration of the 
impact (see point 1.6) 

Total 

Specify  the  co-financing 
body  

TOTAL appropriations 
co-financed  

18 

Article 4(2) of Council Regulation 2016/369 provides for the possibility of public or private donors to 
contribute  to  the  Emergency  Support  Instrument.  If  such  contributions  become  available  they  will 
constitute  external  assigned  revenue  in  accordance  with  that  provision  and  with  Article  21(5)  of  the 
Financial Regulation. 

EN 

25 

  EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
3.3. 

Estimated impact on revenue  

–  X  The proposal/initiative has no financial impact on revenue. 

–    The proposal/initiative has the following financial impact: 

– 

– 

 

 

on own resources  

on miscellaneous revenue  

EN 

26 

  EN