Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Decision (EU) 2020/265 as regards adjustments to the amounts mobilised from the Flexibility Instrument for 2020 to be used for migration, refugee inflows and security threats, for immediate measures in the framework of the COVID-19 outbreak and for reinforcement of the European Public Prosecutor's Office
Date: 2020-04-02
Institutions: Directorate-General for Budget, European Commission
Subjects: EU financial instrument, EU migration policy, European Public Prosecutor's Office, European security, aid to refugees, coronavirus disease, epidemic, general budget (EU), refugee

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   EUROPEAN COMMISSION  Brussels, 2.4.2020  COM(2020) 171 final  Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Decision (EU) 2020/265 as regards adjustments to the amounts mobilised from the Flexibility Instrument for 2020 to be used for migration, refugee inflows and security threats, for immediate measures in the framework of the COVID-19 outbreak and for reinforcement of the European Public Prosecutor's Office  
 
 
EXPLANATORY MEMORANDUM 

The  European  Parliament  and  the  Council  decided  on  27  November  2019  to  mobilise  the 
Flexibility 
for  heading  3 
Security and Citizenship as proposed by the Commission (Decision (EU) 2020/2651). 

amount  of  EUR 778,1 million 

Instrument 

for 

an 

The  Commission  submitted  on  27  March  2020  draft  amending  budget  (DAB)  No 1/20202. 
This  included,  inter  alia,  an  overall  increase  of  EUR 423,3 million  of  the  commitment 
appropriations  under  heading  3  to  meet  the  needs  resulting  from  the  increased  migration 
pressure in Greece, to finance immediate measures required in the framework of the COVID-
19 outbreak (the first-ever stockpile of medical equipment under rescEU) and to increase the 
budget  for  the  European  Public  Prosecutor’s  Office.  The  Commission  proposed  in  DAB 
No 1/2020  to  use  the  Global  margin  for  commitments  (GMC)  for  an  amount  of 
EUR 350,0 million available from 2018 to cover the part of this increase related to migration. 
The  Commission  also  proposed 
increase 
(EUR 73,3 million)  by  adjusting  accordingly  the  amount  mobilised  from  the  Flexibility 
Instrument and to extend the purpose of Decision (EU) 2020/2653. 
The  Commission  today  submits  draft  amending  budget  No 2/20204,  which  includes  an 
additional  increase  of  commitment  appropriations  under  heading  3  for  an  amount  of 
EUR 3 000,0 million  to cover the re-activation of the Emergency Support  Instrument within 
the Union (ESI) to help  Member States tackle the consequences of the COVID-19 outbreak 
and to further reinforce the Union Civil Protection Mechanism/rescEU so as to facilitate wider 
stock-piling  and  coordination  of  essential  resource  distribution  across  Europe.  Given  the 
absence  of  room  for  redeployments  under  heading  3  and  in  line  with  the  proposal,  also 
submitted today, to amend the MFF Regulation removing the limitations in the scope of this 
instrument5,  the  Commission  proposes  in  DAB  No 2/2020  the  use  of  the  GMC  for  the  full 
amount available under this special instrument of EUR 2 042,4 million6 to cover this increase.  

the  remaining  part  of 

to  finance 

the 

In addition, this proposed mobilisation decision of the Flexibilty Instrument amends Decision 
(EU) 2020/265 of 27 November 2019 and replaces the amendment tabled together with DAB 
No 1/2020.  This  new  proposal  therefore  covers  the  combined  increases  of  commitment 
appropriations  for  heading  3  included  in  both  DAB  Nos 1  and  2/2020,  increases  the  total 
amount to be mobilised to EUR 1 094,4 million7 and exhausts the amount available under this 
instrument for 2020. 

As  the  use  of  the  GMC  in  DAB  No 2/2020  and  this  proposed  mobilisation  decision  of  the 
Flexibility  Instrument  are  insufficient  to  cover  the  financing  needs  of  the  ESI,  the 
Commission also makes a separate proposal8, together with DAB No 2/2020, to mobilise the 
Contingency Margin for 2020 for an amount of EUR 714,6 million. 

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OJ L 58, 27.2.2020, p. 51. 
COM(2020) 145, 27.3.2020. 
COM(2020) 140, 27.3.2020. 
COM(2020) 170, 2.4.2020. 
COM(2020) 174, 2.4.2020. 
This amount takes into the remaining margin from 2019 (EUR 1 316,9 million) made available for 2020 
in  the  “Technical  adjustment  in  respect  of  special  instrument”  adopted  today  by  the  Commission 
(COM(2020) 173, 2.4.2020) 
This amount takes into account EUR 175 million  lapsed from the  European Globalisation Adjustment 
in  2019  and  added  to  the  Flexibility  Instrument  in  the  “Technical  adjustment  in  respect  of  special 
instrument” adopted today by the Commission (COM(2020) 173, 2.4.2020). 
COM(2020) 172, 2.4.2020. 

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

Year 

2020 

2021 

2022 

2023 

Total 

(in million EUR, at current prices) 

Payment appropriations related to the mobilisation of the flexibility 
instrument in 2020 

574,6 

413,7 

66,2 

39,9 

1 094,4 

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Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Decision (EU) 2020/265 as regards adjustments to the amounts mobilised 
from the Flexibility Instrument for 2020 to be used for migration, refugee inflows and 
security threats, for immediate measures in the framework of the COVID-19 outbreak 
and for reinforcement of the European Public Prosecutor's Office 

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 of the general budget of the Union. 

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

On  27  November  2019  the  European  Parliament  and  the  Council  adopted  Decision 
(EU)  2020/2653  mobilising  the  Flexibility  Instrument  to  provide  the  amount  of 
EUR 778 074 489  in  commitment  appropriations  in  heading  3  (Security  and 
Citizenship) for the financial year 2020 to finance measures in the field of migration, 
refugees and security. 
Draft amending budget No 1/20204 includes an increase of commitment appropriations 
for  heading  3  by  EUR 423 300 000   to  meet  the  needs  resulting  from  the  increased 
migration  pressure  in  Greece,  to  finance  immediate  measures  in  the  context  of  the 
COVID-19  outbreak  and  to  cover  an  increase  of  the  budget  for  the  European  Public 
Prosecutor’s Office. Of this overall increase, EUR 350 000 000 is covered by the use 
of the Global margin for commitments laid down in Article 14 of Council Regulation 
(EU,  Euratom)  No 1311/2013,  and  EUR 73 300 000 
through  an  additional 
mobilisation  of  the  Flexibility  Instrument  for  2020.  It  is  also  necessary  to  adjust  the 
indicative payment profile.  

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2 

3 

4 

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) 2020/265 of the European Parliament and of the Council of 27 November 2019 on the 
mobilisation  of  the  Flexibility  Instrument  to  finance  immediate  budgetary  measures  to  address  the 
ongoing challenges of migration, refugee inflows and security threats (OJ L 058 27.02.2020, p. 51) 
COM(2020) 145, 27.3.2020. 

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(5) 

(6) 

(7) 

includes  a  further 

Draft  amending  budget  2/20205 
increase  of  commitment 
appropriations  for  heading  3  by  EUR 3 000 000 000  to  cover  the  re-activation  of  the 
Emergency Support Instrument (ESI) within the Union to further help Member States 
tackle the consequences of the COVID-19 outbreak and to further reinforce the Union 
Civil  Protection  Mechanism/rescEU  so  as  to  facilitate  wider  stock-piling  and 
coordination  of  essential  resource  distribution  across  Europe.  Of  this  increase, 
EUR 2 042 402 163  are  covered  by  the  use  of  the  Global  Margin  for  Commitments 
laid  down  in  Article  14  of  Council  Regulation  (EU,  Euratom)  No 1311/2013  and 
EUR 243 039 699 through an additional mobilisation of the Flexibility Instrument for 
2020. It is also necessary to adjust the indicative payment profile. 

Decision (EU) 2020/265 should therefore be amended accordingly. 

This Decision should enter into force on the same day as the amendment of the 2020 
budget given that the Flexibility Instrument allows the financing of some actions over 
and above the ceiling set for the 2020 budget in the multiannual financial framework. 

HAVE ADOPTED THIS DECISION:  

Article 1 

The first subparagraph of paragraph 1 of Article 1 of Decision (EU) 2020/265 is amended as 
follows: “EUR 778 074 489” is replaced by “EUR 1 094 414 188”. 

The second subparagraph of paragraph 1 is replaced by: “The amounts referred to in the first 
subparagraph  shall  be  used  to  finance  measures  to  address  the  ongoing  challenges  of 
migration,  refugee  inflows  and  security  threats  as  well  as  the  current  health  crisis  in  the 
European  Union  resulting  from  the  COVID-19  outbreak,  and  the  increased  needs  of  the 
European Public Prosecutor’s Office.” 

In the first subparagraph of paragraph 2, points (a) to (d) are replaced by the following: 

“(a) 

EUR 574 652 355 in 2020; 

(b) 

(c) 

(d) 

EUR 413 658 806 in 2021; 

EUR 66 154 477 in 2022; 

EUR 39 948 550 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 

5 

COM(2020) 170, 2.4.2020. 

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