COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to Article 294(6) of the Treaty on the Functioning of the European Union concerning the position of the Council on the adoption of a Regulation of the European Parliament and of the Council on the Neighbourhood, Development and International Cooperation Instrument – Global Europe for the period 2021-2027
Date: 2021-05-27
Institutions: Directorate-General for International Partnerships, European Commission
Subjects: EU aid, EU financing, EU programme, European neighbourhood policy, cooperation policy, democracy, development policy, financial aid, human rights, rule of law

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   EUROPEAN COMMISSION  Brussels, 27.5.2021  COM(2021) 267 final 2018/0243 (COD)  COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT  pursuant to Article 294(6) of the Treaty on the Functioning of the European Union  concerning the position of the Council on the adoption of a Regulation of the European Parliament and of the Council on the Neighbourhood, Development and International Cooperation Instrument – Global Europe for the period 2021-2027 (Text with EEA relevance)  
 
 
2018/0243 (COD) 

COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT 

pursuant to Article 294(6) of the Treaty on the Functioning of the European Union 

concerning the 

position of the Council on the adoption of a Regulation of the European Parliament and 
of the Council on the Neighbourhood, Development and International Cooperation 
Instrument – Global Europe for the period 2021-2027 

(Text with EEA relevance) 

1. 

BACKGROUND  

Date of transmission of the proposal to the European Parliament and 
to the Council (document COM(2018) 460 final – 2018/0243 COD) 

14 June 2018 

Date of Committee of Permanent Representatives’ agreement on a 
partial negotiating mandate 

12 June 2019 

Date of Committee of Permanent Representatives’ agreement on a 
complemented partial negotiating mandate 

25 September 2019 

Date of trilogue 1 

Date of Committee of Permanent Representatives’ agreement on a 
complemented partial negotiating mandate 

23 October 2019 

27 November 2019 

Date of the position of the European Parliament (Report) 

27 March 2019 

Date of trilogue 2  

Date of trilogue 3 

Date of trilogue 4 

5 December 2019 

20 February 2020 

11 June 2020 

Date of Committee of Permanent Representatives’ agreement on a 
complemented partial negotiating mandate 

18 September 2020 

Date of trilogue 5 

Date of trilogue 6 

Date of trilogue 7 (final) 

2 October 2020 

20 November 2020 

15 December 2020 

Date  of  political  agreement  in  the  Committee  of  Permanent 
Representatives  

17 March 2021  

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Date  when  the  AFET  and  DEVE  committees  of  the  European 
Parliament voted to endorse the compromise agreement  

19 March 2021 

Date of adoption of the Council’s first reading position 

26 May 2021 

2. 

OBJECTIVE OF THE COMMISSION’S PROPOSAL 

The  Neighbourhood,  Development  and  International  Cooperation  Instrument  (NDICI)  – 
Global Europe is a key component of the Union’s toolbox for cooperation with its immediate 
neighbourhood and the world, under the Multiannual Financial Framework (MFF) for 2021-
2027.  

The  proposal  is  for  a  spending  instrument  to  uphold  and  promote  the  Union’s  values  and 
interests worldwide in order to pursue the objectives and principles of its external action, as 
laid down in Article 3(5), 8 and 21 of the Treaty on European Union (TEU).  

The  NDICI-Global  Europe  Regulation  will  cover  actions  previously  covered  under  11 
different Regulations1, thus increasing the coherence and consistency of the Union’s external 
action. It is part of the EU budget and the aligment with the Financial Regulation will ensure a 
level  playing  field  as  it  provides  for  a  common  rulebook,  establishes  simpler,  more 
transparent and more flexible rules for EU funds. It will contribute to the reduction and, in the 
long  term,  the  eradication  of  poverty,  consolidate,  support  and  promote  democracy,  rule  of 
law  and  respect  for  human  rights,  sustainable  development  and  the  fight  against  climate 
change and address irregular migration and forced displacement, including their root causes. 
It will also contribute to the promotion of multilateralism, the achievement of the international 
commitments  and  objectives  that  the  Union  has  agreed  to,  in  particular  the  Sustainable 
Development  Goals  (SDGs),  the  2030  Agenda  and  the  Paris  Agreement.  It  will  promote 
stronger partnerships with third countries, including with the European Neighbourhood based 
on mutual interests and ownership with a view to fostering stabilisation, good governance and 
building resilience. 

The Regulation has the following specific objectives: 

(a)  to  support  and  foster  dialogue  and  cooperation  with  third  countries  and  regions  in  the 
Neighbourhood, in Sub-Saharan Africa, in Asia and the Pacific, and in the Americas and the 
Caribbean; 

(b) to develop special strengthened partnerships and enhanced political cooperation with the 
European  Neighbourhood,  founded  on  cooperation,  peace  and  stability  and  a  shared 
commitment to the universal values of democracy, rule of law and respect for human rights, 
and aiming at deep and sustainable democracy and progressive socio-economic integration as 
well as people-to-people contacts; 

(c) at global level:  

– 

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to  protect,  promote  and  advance  human  rights,  including  gender  equality  and  the 
protection  of  human  rights  defenders,  including  in  the  most  difficult  circumstances 

Regulations (EU) No 230/2014, (EU) No 232/2014, (EU) No 233/2014, (EU) No 234/2014, (EU) No 
235/2014,  (EU)  No  236/2014  and  (EU)  2017/1601  of  the  European  Parliament  and  of  the  Council, 
Decision  No  466/2014/EU  of  the  European  Parliament  and  of  the  Council,  Council  Regulations  (EC, 
Euratom)  No  480/2009,  (Euratom)  No  237/2014  and  (EU)  2015/322  and  the  11th  European 
Development Fund (EDF)'s Internal Agreement. 

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and  urgent  situations,  democracy  and  the  rule  of  law,  including  accountability 
mechanisms, 

– 

– 

– 

to support civil society organisations,  

to further stability and peace, prevent conflict, thereby contributing to the protection 
of civilians, 

to address other global challenges such as climate change, protection of biodiversity 
and the environment, as well as migration and mobility. 

(d)  to  respond  rapidly  to:  situations  of  crisis,  instability  and  conflict,  including  those  which 
may  result  from  migratory  flows  and  forced  displacement,  and  hybrid  threats;  resilience 
challenges,  including  natural  and  man-made  disasters,  and  linking  of  humanitarian  aid  and 
development action; and Union foreign policy needs and priorities. 

The agreed overall financial envelope is EUR 79.462 billion (in current prices). 

3. 

COMMENTS ON THE POSITION OF THE COUNCIL 

The  Council’s  position  fully  reflects  the  agreement  reached  in  the  trilogues.  The  most 
important changes it has introduced, compared to the Commission’s proposal, include:  

– 

Concerning the budget: 

– 

– 

– 

– 

– 

– 

– 

a modified budget for the instrument and its components, in line with the July 
2020 European Union Council Conclusions and with a pro-rata adjustment for 
the amounts not explicitly disaggregated in the Conclusions;  

a  cap  for  the  actions  on  capacity  building  of  military  actors  in  support  of 
development and security for development of EUR 270 million;  

an indicative amount of EUR 1 800 million for Erasmus;  

the  possibility  to  dedicate  up  to  25%  of  the  thematic  programme  on  human 
rights and democracy to electoral observation missions;  

an  indicative  amount  of  at  least  EUR  500  million  for  the  Pacific  and  at  least 
EUR  800  million  for  the  Caribbean  within  the  corresponding  geographic 
envelopes;  

an indicative amount of at least EUR 500 million for local authorities under the 
geographic programmes; 

additional  funds  guaranteed  from  the  emerging  challenges  and  priorities 
cushion  for  the  thematic  programmes  on  human  rights  and  democracy  (EUR 
200  million),  civil  society  organisations  (EUR  200  million)  and  global 
challenges (EUR 600 million). 

– 

Concerning the governance elements of the Regulation: 

– 

– 

additional delegated acts to modify the provisioning amount and ceiling for the 
External  Action  Guarantee  and  to  modify  the  cap  on  capacity  building  for 
development and security for development; 

an additional delegated act to frame geographic programmes, to be adopted in 
2021 and covering: 

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– 

– 

– 

– 

specific objectives and priority areas of cooperation drawn from common 
areas  of  cooperation,  including  a  prioritisation,  in  annex  II  per  sub-
region; 

sub-regions  are  the  following:  Neighbourhood  South,  Neighbourhood 
East,  West  Africa,  East  and  Central  Africa,  Southern  Africa  and  Indian 
Ocean,  Middle  East,  Central  Asia,  South  Asia,  North  and  South  East 
Asia, the Pacific, the Americas, the Caribbean; 

thematic targets for the geographic pillar, as per Annex IV (1) (b) of the 
DCI; 

financial  allocations  for  West  Africa,  East  and  Central  Africa  and 
Southern Africa and Indian Ocean. 

a  compulsory  mid-term  review  of  the  delegated  act  to  frame  geographic 
programmes; 

a  recital  on  suspending  assistance  in  cases  where  there  is  degradation  of 
democracy and the rule of law; 

a  reference  to  respect  for  conventions  on  nuclear  safety  standards  as  a 
programming principle; 

a compulsory mid-term review of programming documents; 

a reference to the possibility of establishing a Pan-African programme and an 
Africa, Caribbean and Pacific programme. 

– 

– 

– 

– 

– 

– 

Concerning migration: 

– 

– 

a level for the spending target of ‘indicatively 10%’; 

a  reference  to  the  fact  that  migration-related  actions  should  contribute  to  the 
effective  implementation  of  EU  agreements  and  dialogues  on  migration  with 
third  countries  by  encouraging  cooperation  relying  on  a  flexible  incitative 
approach and supported by a coordination mechanism. 

– 

Concerning the Neighbourhood: 

– 

– 

keeping  the  existing  wording  of  the  European  Neighbourhood  Instrument  on 
the incentive-based approach; 

setting  the  share  of  the  Neighbourhood’s  financial  envelope  that  can  be 
indicatively allocated to cross-border cooperation at ‘up to 5%’. 

– 

Concerning spending targets other than the ones mentioned above: 

– 

– 

– 

– 

– 

raising  the  spending  target  for  Official  Development  Assistance  to  at  least 
93%; 

raising the spending target for climate action to 30%; 

inserting ‘at least’ before the spending target of 20% of Official Development 
Assistance expenditure for human development and social inclusion; 

adding a reference to the contribution to the MFF spending target of 10% for 
biodiversity objectives; 

setting an additional target of ‘at least 85%’ of actions with gender equality as 
a  principal  or  significant  objective,  of  which  at  least  5%  should  have  gender 

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equality  and  women’s  and  girls’  rights  and  empowerment  as  a  principal 
objective. 

– 

EFSD+/External Action Guarantee: 

– 

– 

– 

– 

– 

reducing  the  maximum  amount  of  the  External  Action  Guarantee  to  EUR  53 
449  million  and  introducing  a  cap  of  EUR  10  000  million  to  provision  the 
guarantee. These amounts can be amended by a delegated act; 

strengthening the articles on the purpose, governance, eligibility of operations 
and reporting of the EFSD+, as well as the annex on priority areas of EFSD+ 
operations.  The  text  on  governance  is  no  longer  in  an  annex  that  could  be 
amended by a delegated act, but is incorporated in articles in the main body of 
the Regulation; 

specifying  the  role  of  the  EIB  in  the  EFSD+,  notably  by  establishing  an 
exclusive  dedicated  investment  window  for  sovereign  and  non-commercial 
sub-sovereign  operations  and,  if  appropriate,  the  establishment  through  the 
relevant  standard  procedure  of  two  dedicated-investment  windows  for 
commercial  sub-sovereign  and  private  sector  operations,  for  an  overall 
indicative amount of EUR 26 725 million; 

introducing 
additionality; 

relevant  definitions  concerning 

the  EFSD+,  notably  on 

introducing an article on a grievance and redress mechanism and on protecting 
the EU’s financial interests. 

– 

Name of the instrument: 

– 

‘Global  Europe’ 

adding 
therefore  becomes 
‘Neighbourhood,  Development  and  International  Cooperation  Instrument  – 
Global Europe’. 

the  name,  which 

to 

The  agreement  preserves  the  aims  of  the  Commission’s  original  proposal,  maintaining  the 
level  of  ambition  and  allowing  for  sufficient  flexibility  in  implementing  the  new  rules.  The 
Commission therefore supported the changes highlighted above. 

4. CONCLUSION 

The  Commission  supports  the  results  of  the  inter-institutional  negotiations  and  therefore 
accepts the position taken by the Council. 

5. DECLARATIONS FROM THE COMMISSION 

The Commission has made two unilateral declarations, which can be found in the appendix. 

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APPENDIX 

Declarations from the Commission 

The Commission’s declaration on a geopolitical dialogue with the European Parliament on the 
Neighbourhood, Development and International Cooperation Instrument – Global Europe:  

‘The  European  Commission,  mindful  of  the  European  Parliament’s  functions  of 
political  control  laid  down  in  Article  14  of  the  Treaty  on  the  European  Union, 
commits to conduct a high-level geopolitical dialogue between the two institutions on 
the implementation of Regulation (EU) XXX/XXX of the European Parliament and of 
the  Council  establishing  the  Neighbourhood,  Development  and  International 
Cooperation  Instrument  (NDICI)  –  Global  Europe.  This  dialogue  should  allow 
exchanges with the European Parliament, whose positions on the implementation of 
the NDICI will be fully taken into consideration. 

The geopolitical dialogue will discuss general orientations on the implementation of 
the  NDICI,  including  on  programming  before  the  adoption  of  programming 
documents,  and  concerning  specific  subjects  such  as  the  use  of  the  emerging 
challenges  and priorities cushion or applying leverage leading to  possible changes 
in  allocation  of  funding  dedicated  to  migration  or  suspension  of  assistance  to  a 
partner country when it persistently fails to observe the principles of democracy, the 
rule of law, good governance, respect for human rights and fundamental freedoms. 

The geopolitical dialogue will be structured as follows: 

i) 

A high-level dialogue between the High Representative/Vice President and the 
Commissioners in charge of International Partnerships and of Neighbourhood 
and Enlargement and the European Parliament. 

ii)  A permanent dialogue at senior officials’ level with AFET and DEVE working 
groups  to  ensure  an  adequate  preparation  and  follow-up  to  the  high-level 
dialogue. 

The  high-level  dialogue  will  take  place  at  least  twice  a  year.  One  of  the  meetings 
may coincide with the presentation by the Commission of the draft annual budget. 

The Commission’s declaration on Recitals 50 and 51 and Article 8.10: 

‘Regional migration support programmes will support comprehensive, balanced and 
tailor-made  partnerships  with  relevant  countries  of  origin  or  transit  and  host 
countries, 
the 
coordination mechanism within the Neighbourhood, Development and International 
Cooperation  Instrument  –  Global  Europe.  They  will  be  complemented  by  actions 
under the country programmes, where appropriate.  

incitative  approach,  and  supported  by 

following  a 

flexible 

In order to ensure the most efficient and impactful use of these funds, in line with the 
Union’s  and  partner  countries’  policy  priorities,  the  European  Commission  will 
actively  implement  these  priorities  using  all  relevant  Union  instruments  and 
participate  in  the  coordination  with  the  Member  States  in  a  synchronised  and 
efficient  manner.  It  will  ensure  that  the  European  Parliament  and  the  Council  are 
closely and regularly informed, allowing for exchanges of views. 

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