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 (EU) of the European Parliament and of the Council establishing an instrument for providing support to Ukraine for 2023 (macro-financial assistance +)
Date: 2022-12-12
Institutions: Directorate-General for Economic and Financial Affairs, European Commission
Subjects: EU aid, EU loan, European neighbourhood policy, Russia, Ukraine, economic reform, economic stabilisation, fund (EU), macro-financial assistance, territorial dispute

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   EUROPEAN COMMISSION  Brussels, 12.12.2022  COM(2022) 738 final 2022/0371 (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 (EU) of the European Parliament and of the Council establishing an instrument for providing support to Ukraine for 2023 (macro-financial assistance +)  
 
 
2022/0371 (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 (EU) of the European Parliament 
and of the Council establishing an instrument for providing support to Ukraine for 2023 
(macro-financial assistance +) 

1. 

BACKGROUND 

Date of transmission of the proposal to the European Parliament and 
to the Council 
(document COM(2022) 597 final – 2022/0371 COD): 

9.11.2022. 

Date of the position of the European Parliament, first reading: 

24.11.2022. 

Date of adoption of the position of the Council: 

10.12.2022.  

2. 

OBJECTIVE OF THE PROPOSAL FROM THE COMMISSION 

The  Commission  proposal  aimed  at  providing  for  a  structural  and  efficient  approach  to  the 
Union’s financial support to Ukraine in 2023.  

To  ensure  a  sound  financial  underpinning,  the  Commission  proposed  that  loans  to  Ukraine 
should be backed up by a guarantee from the so-called “headroom”, i.e. the budgetary space 
above  the  multiannual  financial  framework  (MFF)  ceilings  up  to  the  limits  referred  to  in 
Article 3(1) and (2) of Decision (EU, Euratom) 2020/2053, on the system of own resources of 
the  European  Union.  This  was  accompanied  by  the  parallel  proposal  on  an  amendment  to 
Regulation  (EU,  Euratom)  2020/20931  (amendment  to  the  MFF  Regulation)  to  allow 
contingent liabilities stemming from financial assistance made available to Ukraine in 2023, 
with possible disbursements until 31 March 2024, to be treated in the same way as financial 
assistance for Member States, i.e. to be able to mobilise the guarantee for financial assistance 
to Ukraine over and above the MFF ceilings. 

3. 

COMMENTS ON THE POSITION OF THE COUNCIL 

The parallel proposal for an amendment to the MFF Regulation allowing for guaranteeing the 
borrowing  for  Ukraine  through  the  use  of  the  headroom  has  not  yet  been  adopted.  The 
Council  therefore  proposes  an  alternative  budgetary  coverage  of  the  loan  through  voluntary 

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Proposal  for  a  Council  Regulation  amending  Council  Regulation  (EU,  Euratom)  2020/2093  of  17 
December  2020  laying  down  the  multiannual  financial  framework  for  the  years  2021  to  2027, 
COM/2022/595 final 

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guarantees  by  the  Member  States.  At  the  same  time,  the  budgetary  coverage  through  the 
headroom would become possible as of the date of application of the amendment to the MFF 
Regulation, or its successor, once it is adopted. 

The  Commission  supports  the  introduction  of  these  rules  as  a  viable  budgetary  basis  for 
allowing a gradual disbursement of up to EUR 18 000 000 000 in MFA+ loans to Ukraine in 
connection  with  the  entry  into  force  of  the  guarantee  agreements  between  the  Commission 
and the Member States. 

4. 

CONCLUSION 

The Commission accepts the Council´s position at first reading.  

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