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: 2020-09-03
Institutions: Directorate-General for International Cooperation and Development, European Commission
Subjects: Africa, African Union, European Development Fund, development aid, distribution of EU funding, financial aid, foreign policy, peacekeeping

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   EUROPEAN COMMISSION  Brussels, 3.9.2020  COM(2020) 477 final 2020/0228 (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 

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CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The  African  Peace  Facility  (APF)  was  established  in  2003  within  the  framework  of  the 
Cotonou Agreement1 for the period of application of the Cotonou Agreement 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  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’s 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. The rise in demand 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). 

The APF has therefore been replenished four times to date, for a total amount of EUR 1,635 
million: two replenishments of EUR 150 million each (decided on 24 September 20152 and 2 
August  20163,  respectively)  for  the  Action  Programme  2014-2016,  a  third  replenishment  of 
EUR 535 million (also decided on 2 August 20164) to finance the Action Programme 2017-
2018, and a fourth replenishment of EUR 800 million (decided on 11 April 20195) to finance 
the Action Programme 2019-2020. These funds enable the implementation of activities under 
the APF until the end of 2020. 
In line with the Commission proposal for the Multi-Annual Financial Framework 2021-20276 
and  the  proposal  of  the  High  Representative  for  a  European  Peace  Facility  (EPF)7,  the 
activities  currently  funded  under  the  APF  are  expected  to  be  taken  over  by  the 
Neighbourhood,  Development  and  International  Cooperation  Instrument  (NDICI)  and  the 
EPF from 1 January 2021. To ensure continuous and reliable EU support to African-led peace 
and security activities, a smooth transition between the APF and these new instruments should 
be  facilitated  from  January  to  June  2021  or  until  the  expiration  of  the  Cotonou  Agreement, 
whichever comes first. 

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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. 
Commission Decision C(2019)4070 of 6 June 2019. 
Proposal of the Commission for the Multiannual Financial Framework 2021-2027, May 2018. 
HR(2018)94 of 13 June 2018. 

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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  of  up  to  EUR  129  million.  These  funds  will  be  utilised  applying  the  10th  EDF 
Member States contribution key8. 

Consistency with existing policy provisions in the policy area 

• 
The EU Global  Strategy9 defines peace and security as one of the vital  interests of the  EU, 
furthermore  stating  that  security  within  Europe  is  strongly  linked  to  peace  in  neighbouring 
and  surrounding  regions.  The  renewed  European  Consensus  on  Development10,  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 "Strengthening 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.  Most  recently,  this  focus  on  a  continued  strong  cooperation 
with African partners on peace and security has been anchored in the Commission and EEAS 
March 2020 Joint Communication “Towards a comprehensive Strategy with Africa”11. 

By enabling the continuation of the APF activities until mid-2021, or until the expiration of 
the Cotonou Agreement, whichever comes first, this proposal will contribute to serve the UN 
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 and regional envelopes of the EDF. The 
activities financed by the additional funds allocated to the APF from the performance reserve 

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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. 
European Commission and High Representative of the Union for Foreign Affairs and Security Policy, 
Joint Communication to the European Parliament and the Council: Towards a Comprehensive Strategy 
with Africa, JOIN(2020) 4, 9 March 2020. 

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(“réserve non-mobilisable”) will remain in line with the general and APF specific objectives 
laid down in the Intra-ACP strategy12. 

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  an amendment  of the 
APF  Action  Programme  2019-2020,  adding  the  implementation  of  activities  from  January 
2021  or  until  the  expiration  of  the  Cotonou  Agreement,  whichever  comes  first.  This 
amendment  of  the  APF  Action  Programme  2019-2020  requires  COREPER  approval  before 
being  adopted  by  the  Commission,  as  foreseen  by  Article  15(b)  of  the  11th  EDF 
Implementation Regulation13. 

Consistency with other Union policies 

• 

N/A 

2. 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

• 
Article 1(4) of the 11th EDF Internal Agreement14. 

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 
provides for the possibility to use decommitted funds, if so agreed by the Council15.  

• 

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.  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 

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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. 
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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different  speeds  across  AU  Member  States.  The  amount  of  funding  available  under  the  AU 
Peace Fund is increasing steadily, and has reached a level of over EUR 160 million. 

• 

Choice of the instrument 

The EDF is the only source of funding for the APF at Union 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 other 
than  in  the  context  of  capacity  building  in  support  of  development  and  security  for 
development. 

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 applies16, 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  Joint  Africa-EU  Strategy  (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 2019-202017, particular attention is paid to the gender and 
Human Rights dimension of all relevant actions. The Action Programme includes financing to 

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OJ L 210, 6.8.2013, p. 1-14. 
Commission Decision C(2019) 4070 of 6 June 2019. 

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support  the  AU  and  other  relevant  actors  in  establishing  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. 

5. 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

• 
Monitoring, evaluation and reporting arrangements are those applicable to the 11th EDF and 
foreseen in the APF Action Programme 2019-2020. 

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  129  million  from  projects  under  the  10th  EDF  will  be  allocated  for  the 
purpose of replenishing the APF to address estimated financial needs for a duration covering 
up to the first six months of 2021.  

Article  1  paragraph  (2)  provides  that  the  rules  of  the  11th  EDF  will  be  applicable 
(Implementation and Financial Regulations18). 

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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2020/0228 (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 applies19, and in particular Article 1(4) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

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The  ongoing  European  Union  engagement  in  peace  and  security  on  the  African 
continent under the African Peace Facility (APF) should be sustained until the end of 
June  2021  or  until  the  expiration  of  the  application  of  the  Partnership  Agreement 
between the members of the African, Caribbean and Pacific Group of States ('ACP') of 
the  one  part,  and  the  European  Union  and  its  Member  States,  of  the  other  part  ('the 
ACP-EU Partnership Agreement')20, whichever comes first. 

APF  financial  requirements  for  a  period  covering  up  to  January  to  June  2021  are 
estimated at up to EUR 129 000 000. 
It is appropriate to use decommitted funds from projects under the 10th EDF to ensure 
the  financing  of  the  APF  until  the  end  of  June  2021  or  until  the  expiration  of  the 
application of the ACP-EU Partnership Agreement, whichever comes first. 

These  additional  funds  should  finance  support  to  African-led  Peace  Support 
Operations. 

The  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,21  and  Council  Regulation  (EU)  2018/1877  of  26 
November  2018  on  the  financial  regulation  applicable  to  the  11th  European 
Development Fund.22 

OJ L 210, 6.8.2013, p.1. 
Agreement  (OJ  L317,  15.12.2000,  p.  3)  as  amended  by  the  Agreement  signed  in  Luxembourg  on  25 
June 2005 (OJ L209, 11.8.2005, p.27) and by the Agreement signed in Ouagadougou on 22 June 2010 
(OJ L287, 4.11.2010, p 3). 
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 129 000 000 from the funds decommitted from projects 
under  the  10th  European  Development  Fund  (EDF)  shall  be  allocated  for  the  purpose  of 
replenishing the APF from 1 January to 30 June 2021 or until the expiration of the application 
of the ACP-EU Partnership Agreement, whichever comes first.  
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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