Source: EURLEX
Language: en
Format: md

**Council of the**
**European Union**

**Interinstitutional File:**

**2018/0358(NLE)**

**PROPOSAL**

**Brussels, 19 October 2018**
**(OR. en)**

**13315/18**

**WTO 267**
**SERVICES 65**
**FDI 43**
**COASI 252**

From: Secretary-General of the European Commission,
signed by Mr Jordi AYET PUIGARNAU, Director

date of receipt: 19 October 2018

To: Mr Jeppe TRANHOLM-MIKKELSEN, Secretary-General of the Council of
the European Union

No. Cion doc.: COM(2018) 693 final

Subject: Proposal for a COUNCIL DECISION on the conclusion of the Investment
Protection Agreement between the European Union and its Member
States, of the one part, and the Socialist Republic of Viet Nam, of the other
part

Delegations will find attached document COM(2018) 693 final.

Encl.: COM(2018) 693 final

13315/18 IM/asz

## RELEX.1.A EN

EUROPEAN

COMMISSION

Brussels, 17.10.2018
COM(2018) 693 final

2018/0358 (NLE)

Proposal for a

**COUNCIL DECISION**

**on the conclusion of the Investment Protection Agreement between the European Union**

**and its Member States, of the one part, and the Socialist Republic of Viet Nam, of the**

**other part**

# **EN EN**

**EXPLANATORY MEMORANDUM**

**1.** **CONTEXT** **OF** **THE** **PROPOSAL**

**•** **Reasons for and objectives of the proposal**

The dynamically growing Southeast Asian economies, with their over 600 million consumers
and a rapidly rising middle class, are key markets for European Union exporters and
investors. With a total € 227.3 billion of trade in goods (2017) and € 77 billion of trade in
services (2016), the Association of Southeast Asian Nations (ASEAN) taken as a whole is the
EU’s third largest trading partner outside Europe, after the US and China. At the same time, a
total € 263 billion foreign direct investment stock (2016) in the ASEAN makes the EU the
first foreign direct investor in the ASEAN, while the ASEAN as a whole is in its turn the
second largest Asian foreign direct investor in the EU – with a total foreign direct investment
stock of € 116 billion (2016).

Vietnam has become the EU's second biggest trading partner in ASEAN after Singapore and
ahead of Malaysia, with trade between the EU and Vietnam worth € 47.6 billion in 2017.
Vietnam is one of the fastest growing countries in ASEAN, with an average GDP growth rate
of around 6% in the past decade that is forecasted to be maintained in the future. Vietnam is a
vibrant economy of more than 90 million inhabitants, with the fastest growing middle class in
ASEAN, and a young and dynamic workforce. With its high literacy rate and education
levels, comparatively low wages, good connectivity and a central location within ASEAN,
more and more foreign investors are choosing Vietnam as their hub to service the Mekong
region and beyond.

On 23 April 2007, the Council authorised the Commission to enter into negotiations for a
region-to-region Free Trade Agreement (FTA) with countries of the ASEAN. It being
understood that the objective was to negotiate a region-to-region FTA, the authorisation
provided however for the possibility of bilateral negotiations in the event that it was not
possible to reach an agreement to negotiate jointly with a grouping of countries of the
ASEAN. In light of difficulties encountered in the region-to-region negotiations, both sides
acknowledged that an impasse had been reached and agreed to pause these.

On 22 December 2009, the Council agreed on the principle of launching bilateral negotiations
with individual ASEAN countries based on the authorisation and negotiating directives of
2007, whilst preserving the strategic objective of a region-to-region agreement. The Council
also authorised the Commission to launch bilateral negotiations first with Singapore, as a first
step towards the objective of the timely launch of such negotiations with other relevant
ASEAN countries. The EU has thereafter launched bilateral FTA negotiations with Malaysia
(2010), Vietnam (2012), Thailand (2013), the Philippines (2015) and Indonesia (2016).

On 15 October 2013, based on a new EU competence under the Lisbon Treaty, the Council
authorised the Commission to extend the on-going bilateral negotiations with ASEAN
countries to cover also investment protection.

On the basis of the negotiating directives adopted by the Council in 2007, and supplemented
in October 2013 to include investment protection, the Commission has negotiated with
Vietnam an ambitious and comprehensive FTA and an Investment Protection Agreement
(IPA), with a view to creating new opportunities and legal certainty for trade and investment
between both partners to develop. The legally reviewed texts of both agreements have been
made public and can be found on the following link:

# EN 1 EN

http://ec.europa.eu/trade/policy/countries-and-regions/countries/vietnam/

The Commission is putting forward the following proposals for Council decisions:

–
Proposal for a Council Decision on the signing, on behalf of the European Union, of
the Free Trade Agreement between the European Union and the Socialist Republic of
Viet Nam;

–
Proposal for a Council Decision on the conclusion of the Free Trade Agreement
between the European Union and the Socialist Republic of Viet Nam;

–
Proposal for a Council Decision on the signing, on behalf of the European Union, of
the Investment Protection Agreement between the European Union and its Member
States, of the one part, and the Socialist Republic of Viet Nam, of the other part; and

–
Proposal for a Council Decision on the conclusion of the Investment Protection
Agreement between the European Union and its Member States, of the one part, and
the Socialist Republic of Viet Nam, of the other part.

Earlier, the Commission had put forward a proposal for a horizontal safeguard regulation that
will be of application, among other agreements, to the FTA between the EU and Vietnam.

The attached proposal for a Council Decision constitutes the legal instrument for the
conclusion of the Investment Protection Agreement between the European Union and its
Member States, of the one part, and the Socialist Republic of Viet Nam, of the other part.

**•** **Consistency with existing policy provisions in the policy area**

The negotiations of the FTA and the IPA were preceded by the negotiation, by the European
External Action Service, of a Partnership and Cooperation Agreement (PCA) between the
European Union and its Member States and the Socialist Republic of Viet Nam, which
entered into force in October 2016. The PCA provides the legal framework to further develop
the already longstanding and strong partnership between the EU and Vietnam, in a broad
range of areas, including political dialogue, trade, energy, transport, human rights, education,
science and technology, justice asylum and migration.

The EU and Vietnam's longstanding trade and economic relationship has until now developed
in the absence of a specific legal framework. The FTA and IPA that have been negotiated will
constitute specific agreements giving effect to the trade and investment provisions of the PCA
and will be an integral part of the overall bilateral relations between the EU and Vietnam.

From the date of its entry into force, the EU-Vietnam IPA will replace and supersede the
bilateral investment treaties between Vietnam and EU Member States that are listed in Annex
6 (List of Investment Agreements) to the IPA.

**•** **Consistency with other Union policies**

The EU-Vietnam FTA and IPA are fully consistent with Union policies and will not require
the EU to amend its rules, regulations or standards in any regulated area. Furthermore, like all
other trade and investment agreements the Commission has negotiated, the EU-Vietnam FTA
and IPA fully safeguard public services and ensure that governments’ right to regulate in the
public interest is fully preserved by the agreements and constitutes a basic underlying
principle to them.

# EN 2 EN

**2.** **LEGAL** **BASIS,** **SUBSIDIARITY** **AND** **PROPORTIONALITY**

**•** **Legal basis**

Following the Court of Justice of the EU Opinion 2/15, and in light of the subsequent wideranging discussions among EU institutions on the architecture of trade and investment
agreements, the Commission presents the result of negotiations with Vietnam in the form of
two self-standing agreements: an FTA and an IPA, as was the case for the result of
negotiations between the EU and Singapore.

In view of Opinion 2/15, and considering that the content of the EU-Vietnam FTA is
essentially the same contents as that of the EU-Singapore FTA, all the areas covered by the
EU-Vietnam FTA would fall within the competence of the EU and, more particularly, within
the scope of Articles 91, 100(2) and 207 TFEU. In the same vein, all substantive provisions
on investment protection under the EU-Vietnam IPA, to the extent that these apply to foreign
direct investment, would be covered under Article 207 TFEU.

As a result, the EU-Vietnam FTA is to be signed by the Union pursuant to a decision of the
Council based on Article 218(5) TFEU and concluded by the Union pursuant to a decision of
the Council based on Article 218(6) TFEU, following the European Parliament’s consent.

The EU-Vietnam IPA is to be signed by the Union pursuant to a decision of the Council based
on Article 218(5) TFEU and concluded by the Union pursuant to a decision of the Council
based on Article 218(6) TFEU, following the European Parliament’s consent and ratification
by the Member States in accordance with their respective internal procedures.

**•** **Subsidiarity (for non-exclusive competence)**

As confirmed by Opinion 2/15 on the EU-Singapore FTA and in analogy thereto, the EUVietnam FTA as presented to Council does not cover any matters that fall outside of the EU’s
exclusive competence.

With regard to the IPA, the Court confirmed that, pursuant to Article 207 TFEU, the EU has
exclusive competence with regard to all substantive provisions on investment protection, to
the extent that these apply to foreign direct investment. The Court further confirmed the EUs
exclusive competence with regard to the state-to-state dispute settlement mechanism in
relation to investment protection. Finally, the Court stated that the EU has shared competence
with regard to non-direct investment and investor-to-state dispute settlement (replaced later on
by the Investment Court System in the IPA), where the Member States act as defendants. [1]

These elements cannot be separated in any coherent way from the substantive provisions or
the state-to-state dispute settlement and hence should be included in EU-level agreements.

**•** **Proportionality**

This proposal is in line with the vision of Europe 2020 strategy and contributes to the Union's
trade and development objectives.

1 See the clarification in the judgement of the Court of Justice of the European Union in Case C-600/14
Germany vs Council (Judgment of 5 December 2017) paragraph 69.

# EN 3 EN

**•** **Choice of the instrument**

This proposal is in accordance with Article 218 TFEU, which envisages the adoption by the
Council of decisions on international agreements. There exists no other legal instrument that
could be used in order to achieve the objective expressed in this proposal.

**3.** **RESULTS** **OF** **EX-POST** **EVALUATIONS,** **STAKEHOLDER**
**CONSULTATIONS** **AND** **IMPACT** **ASSESSMENTS**

**•** **Ex-post evaluations/fitness checks of existing legislation**

After negotiations with Vietnam were completed, a team led by DG Trade’s Chief Economist
Unit’s carried out a study of the economic benefits to be expected from the agreement.

The analysis predicts that the elimination of bilateral tariffs and export taxes together with the
reduction of the NTBs that affect the cross-border exchanges of goods and services will boost
bilateral trade considerably. EU exports to Vietnam are estimated to rise by more than € 8
billion by 2035, while Vietnam's exports to the EU are expected to grow by € 15 billion. This
corresponds to an increase in relative terms of EU exports to Vietnam by almost 29% and of
Vietnam exports to the EU by nearly 18%.

The economic modelling carried out further estimates that EU national income could grow by
more than € 1.9 billion by 2035 as a result of the FTA, while Vietnam's national income could
increase by € 6 billion over the same period. The sizeable difference in expected benefits is
the result of the large difference in the relative importance of the EU and Vietnam as export
destination to each another.

The results of the quantitative analysis presented above may be considered to underestimate
the real economic impact of the agreement, as they do not take into account the foreseeable
benefits linked to the strengthening of the protection and enforcement of intellectual property
rights or the liberalisation of FDIs in the manufacturing sectors and of public procurement.
Furthermore, synergies in global supply chains that may derive from the EU-Vietnam FTA,
particularly in the broader context of an ongoing effort to further strengthen the EU's
economic relationship with the ASEAN region, have not been possible to model but could be
expected to be significant.

**•** **Stakeholder consultations**

Prior to the launch of bilateral negotiations with Vietnam, a Trade Sustainability Impact
Assessment (TSIA) of the FTA between the EU and the ASEAN [2] was conducted by an
external contractor to study the potential economic, social and environmental impact of a
closer economic partnership between both regions.

In the framework of the preparation of the TSIA, the contractor consulted internal and
external experts, organised public consultations in Brussels and in Bangkok, and held bilateral
meetings and interviews with civil society in the EU and in ASEAN. Consultations in the
framework of the TSIA provided a platform for the involvement of key stakeholders and the
civil society in a dialogue on trade policy in relation to Southeast Asia.

Both, the TSIA report and the consultations held in the context of its preparation, provided the
Commission with input that has been of great value in all bilateral trade and investment
negotiations launched since with individual ASEAN countries.

2 [http://trade.ec.europa.eu/doclib/html/145989.htm](http://trade.ec.europa.eu/doclib/html/145989.htm)

# EN 4 EN

In addition, in June 2012, the Commission conducted a public consultation on the future
bilateral agreement with Vietnam that included a questionnaire prepared to obtain information
from stakeholder that later helped the Commission in establishing priorities and taking
decisions throughout the negotiating process. 62 replies were received, of which 43 from
industry federations and associations, 16 from individual companies and three from Member
States. Replies covered a wide range of sectors, including agri-food, ICT, textiles, services,
pharmaceuticals, chemicals, metals, green energy, automotive, machinery and wood-paper.
The written consultation was followed with meetings with a selected number of respondents
to the questionnaire identified as representing the most sensitive sectors for the negotiations
with Vietnam (textile, alcoholic beverages, pharmaceuticals, automotive and ICT).

A roundtable with stakeholders on human rights and sustainable development in the context
of bilateral relations between the EU and Vietnam was held in May 2015 [3] . The Commission
then carried out a dedicated analysis [4] addressing the possible impact of the FTA on human
rights and sustainable development.

Prior and during negotiations, the EU Member States were regularly informed and consulted
orally and in writing on the different aspects of the negotiation via the Council’s Trade Policy
Committee. The European Parliament was also regularly informed and consulted via its
Committee on International Trade (INTA), and notably its EU-Vietnam FTA Monitoring
Group. The texts progressively resulting from the negotiations were circulated throughout the
process to both institutions.

**•** **Collection and use of expertise**

A Trade Sustainability Impact Assessment of the FTA between the EU and ASEAN was
carried out by the external contractor “Ecorys”.

**•** **Impact assessment**

The TSIA, conducted by an external contractor and finalised in 2009, concluded that an
ambitious EU-ASEAN FTA would deliver important positive impacts (in terms of GDP,
income, trade and employment) for both the EU and Vietnam. National income effects on the
EU side were estimated at € 13 billion and for Vietnam at € 7.6 billion.

**•** **Regulatory fitness and simplification**

The EU-Vietnam FTA and IPA are not subject to REFIT procedures. They nevertheless
contain a number of provisions that will simplify trade and investment procedures, reduce
export and investment related costs and will therefore enable more small firms to do business
in both markets. Among the expected benefits are: less burdensome technical rules,
compliance requirements, customs procedures and rules of origin, the protection of
intellectual property rights, or the reduction in cost of litigation under the Investment Court
System for claimants that are SMEs.

3 [http://trade.ec.europa.eu/doclib/events/index.cfm?id=1288](http://trade.ec.europa.eu/doclib/events/index.cfm?id=1288)
4 [http://trade.ec.europa.eu/doclib/docs/2016/february/tradoc_154236.pdf](http://trade.ec.europa.eu/doclib/docs/2016/february/tradoc_154236.pdf)

# EN 5 EN

**•** **Fundamental rights**

The proposal does not affect the protection of fundamental rights in the Union.

**4.** **BUDGETARY** **IMPLICATIONS**

The EU-Vietnam FTA will have a financial impact on the EU budget on the side of the
revenues. It is estimated that foregone duties could reach an amount of € 1.7 billion upon full
implementation of the agreement. The estimate is based on average imports projected for
2035 in the absence of an agreement and represents the annual loss in revenues resulting from
the elimination of EU tariffs on imports originating in Vietnam.

The EU-Vietnam IPA is expected to have a financial impact on the EU budget on the side of
the expenditures. The agreement will be the EU’s third (after the EU-Canada Comprehensive
Economic and Trade Agreement, and the EU-Singapore) to incorporate the Investment Court
System (ICS) for the resolution of disputes between investors and states. An amount of €
700,000 of additional yearly expenditure is foreseen from 2019 onwards (subject to the entry
into force of the agreement) to finance the permanent structure comprising a First Instance
and an Appeal Tribunal. At the same time, the agreement entails the use of administrative
resources under budget line XX 01 01 01 (Expenditure related to officials and temporary staff
working with the Institution), considering that it is estimated that one Administrator will be
dedicated as full-time equivalent to the tasks inherent to this agreement. This is indicated in
the Legislative Financial Statement and is subject to the conditions mentioned in it.

**5.** **OTHER** **ELEMENTS**

**•** **Implementation plans and monitoring, evaluation and reporting arrangements**

The EU-Vietnam FTA and IPA include institutional provisions that lay down an
implementing bodies’ structure to continuously monitor the implementation, operation and
impact of the agreements. The agreements being an integral part of the overall bilateral
relation between the EU and Vietnam as governed by the PCA, the mentioned structures will
form part of a common institutional framework with the PCA.

The institutional chapter of the FTA establishes a Trade Committee that has as its main task to
supervise and facilitate the implementation and application of the agreement. The Trade
Committee is comprised of representatives of the EU and of Vietnam who will meet every
year or at the request of either side. The Trade Committee will be in charge of supervising the
work of all specialised committees and working groups established under the agreement
(Committee on Trade in Goods; Committee on Customs; Committee on Sanitary and
Phytosanitary Measures; Committee on Investment, Trade in Services, Electronic Commerce
and Government Procurement; Committee on Trade and Sustainable Development; Working
Group on Intellectual Property Rights, including Geographical Indications; and Working
Group on Motor Vehicles and Parts).

The Trade Committee has also the task to communicate with all interested parties, including
private sector and civil society, in relation to the functioning and implementation of the
agreement. In the agreement, both sides recognise the importance of transparency and
openness and commit to consider the views of members of the public in order to draw on a
broad range of perspectives in the implementation of the agreement.

The institutional chapter of the IPA establishes a Committee with the main task to supervise
and facilitate the implementation and application of the agreement. Among other tasks, the

# EN 6 EN

Committee may, subject to the completion of each side’s respective legal requirements and
procedures, decide to appoint the Members of the ICS Tribunals, fix their monthly
remuneration, and adopt binding interpretations of the agreement.

As emphasised in the “Trade for All” Communication, the Commission is dedicating
increasing resources to the effective implementation and enforcement of trade and investment
agreements. In 2017, the Commission published the first annual FTA Implementation Report.
The main purpose of the report is to convey an objective picture on the implementation of EU
FTAs, highlighting the progress made and the shortcomings that need to be addressed. The
objective is for the report to serve as the basis for open debate and engagement with Member
States, the European Parliament and the civil society at large on the functioning of the FTAs
and their implementation. As an annual exercise, the publication of the report will allow
regular monitoring of developments, registering also how identified priority issues have been
addressed. The report will cover the EU-Vietnam FTA as of its entry into force.

**•** **Implementation in the EU**

Certain actions will need to be taken in order to ensure implementation of the Agreement.
These will be put in place in time for the application of the Agreement. These are a
Commission implementing regulation to be adopted pursuant to Article 58(1) of Regulation
(EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying
down the Union Customs Code opening the tariff rate quotas provided for by the Agreement.

**•** **Explanatory documents (for directives)**

Not applicable

**•** **Detailed explanation of the specific provisions of the proposal**

In negotiating the **EU-Vietnam FTA**, the Commission pursued two principal objectives: first,
to provide the best possible terms of access for EU operators to Vietnam's market; and,
second, to set a valuable second point of reference (after the agreements with Singapore) for
the EU’s other negotiations in the region.

Both of these objectives have been fully met: the agreement goes beyond existing WTO
commitments in many areas, such as services, procurement, non-tariff barriers and the
protection of intellectual property, including geographical indications (GI). In all of these
areas Vietnam also agreed to new commitments which go significantly beyond what Vietnam
has so committed in other agreements, including in CPTPP.

In line with the objectives set by the negotiating directives, the Commission secured:

(1) the comprehensive liberalisation of services and investment markets, including crosscutting rules on licensing and for the mutual recognition of diplomas, and sectorspecific rules designed to ensure a level playing field for EU businesses;

(2) new tendering opportunities for EU bidders in Vietnam, who is not a member of the
WTO Agreement on Government Procurement;

(3) the removal of technical and regulatory trade barriers to trade in goods, such as
duplicative testing, in particular by promoting the use of technical and regulatory
standards familiar in the EU in the sectors of motor vehicles, pharmaceuticals and
medical devices, as well as green technologies;

# EN 7 EN

(4) based on international standards, a more trade-facilitative regime for the approval of
European food exports to Vietnam;

(5) Vietnam’s commitment to reduce or eliminate its tariffs on imports from the EU, and
a cheaper access of European businesses and consumers to products originating in
Vietnam;

(6) a high level protection of intellectual property rights, including with regard to the
enforcement of these rights, also at the border, and a TRIPs-plus level of protection
of EU GIs;

(7) a comprehensive chapter on trade and sustainable development, which aims at
ensuring that trade supports labour rights, environmental protection and social
development and promotes the sustainable management of forests and fisheries. It
includes commitments on effective application of international standards and on
efforts towards ratification of a number of international conventions. The chapter
also sets out how social partners and civil society will be involved in its
implementation and monitoring; and

(8) a swift dispute resolution mechanisms through either panel arbitration or with the
help of a mediator.

The **EU-Vietnam IPA** will ensure a high level of investment protection, while safeguarding
the EU’s and Vietnam’s rights to regulate and pursue legitimate public policy objectives such
as the protection of public health, safety and the environment.

The agreement contains all the innovations of the EU’s new approach to investment
protection and its enforcement mechanisms that are not present in the 21 existing bilateral
investment treaties between Vietnam and EU Member States. It is a very important feature of
the IPA that it replaces and hence improves the 21 existing bilateral investment treaties.

In line with the objectives set by the negotiating directives, the Commission ensured that EU
investors and their investments in Vietnam will be granted fair and equitable treatment and
not be discriminated against compared to Vietnamese investments that are in like situations.
At the same time, the IPA protects EU investors and their investments in Vietnam from
expropriation, unless it is for public purposes, in accordance with due process, on a nondiscriminatory basis and against payment of prompt, adequate, and effective compensation
according to fair market value of the expropriated investment.

Also in line with the negotiating directives, the IPA negotiated by the Commission will offer
investors the option of a modern and reformed investment dispute resolution mechanism. This
system ensures that investment protection rules are adhered to and seeks to strike a balance
between protecting investors in a transparent manner and safeguarding the right of a State to
regulate in order to pursue public policy objectives. The agreement sets up a standing
international and fully independent dispute resolution system, consisting of a permanent First
Instance and an Appeal Tribunal that will conduct dispute settlement proceedings in a
transparent and impartial manner.

The Commission is mindful of the balance to be struck between moving forward with the
reformed EU investment policy and the sensitivities of EU Member States as regards the
possible exercise of shared competence on these matters. The Commission has not, therefore
made a proposal to provisionally apply the investment protection agreement. Nonetheless,
should Member States wish to see a proposal for provisional application of the investment
protection agreement, the Commission stands ready to make such a proposal.

# EN 8 EN

2018/0358 (NLE)

Proposal for a

**COUNCIL DECISION**

**on the conclusion of the Investment Protection Agreement between the European Union**
**and its Member States, of the one part, and the Socialist Republic of Viet Nam, of the**
**other part**

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the
first subparagraph of Article 207(4), in conjunction with Article 218(6)(a)(v) thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament,

Whereas:

(1) In accordance with Council Decision No [XX] [5], the Investment Protection Agreement
between the European Union and its Member States, of the one part, and the Socialist
Republic of Viet Nam, of the other part (the 'Agreement'), was signed on [XX XXX
2019], subject to its conclusion at a later date.

(2) The Agreement should be approved on behalf of the Union.

(3) The Agreement, in accordance with its Article 4.18, does not, within the Union, confer
rights or impose obligations on persons, other than those created between the Parties
under public international law,

HAS ADOPTED THIS DECISION:

_Article 1_

The Investment Protection Agreement between the European Union and its Member States, of
the one part, and the Socialist Republic of Viet Nam, of the other part (the 'Agreement') is
hereby approved on behalf of the Union.

The text of the Agreement is attached to this Decision.

_Article 2_

The President of the Council shall designate the person empowered to proceed, on behalf of
the Union, to the notification provided for in Article 4.13(2) of the Agreement, in order to
express the consent of the Union to be bound by the Agreement [6] .

5 [Reference to be inserted]
6 The date of entry into force of the Agreement will be published in the Official Journal of the European
Union by the General Secretariat of the Council.

# EN 9 EN

_Article 3_

This Decision shall enter into force on the day of its adoption.

Done at Brussels,

_For the Council_

_The President_

# EN 10 EN

**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

# EN 11 EN

LEGISLATIVE FINANCIAL STATEMENT

**1.** **FRAMEWORK** **OF** **THE** **PROPOSAL/INITIATIVE**

**1.1.** **Title of the proposal/initiative**

EU-Vietnam Investment Protection Agreement

**1.2.** **Policy area(s) concerned in the ABM/ABB structure** **[7]**

20.02 – Trade Policy

**1.3.** **Nature of the proposal/initiative**

 The proposal/initiative relates to a new action

 The proposal/initiative relates to a new action following a pilot project/preparatory
action [8]

 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_

The proposal can be framed in the first of the ten Juncker priorities – Jobs, Growth
and Investment.

_1.4.2._ _Specific objective(s) and ABM/ABB activity(ies) concerned_

Specific objective No

1

ABM/ABB activity(ies) concerned

20.02 – Trade Policy

_1.4.3._ _Expected result(s) and impact_

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

The objective of the EU-Vietnam Investment Protection Agreement (IPA) is to
enhance the investment climate between the EU and Vietnam. The agreement will
bring benefits to European investors by ensuring a high level protection of their
investments in Vietnam, while at the same time safeguarding the EU’s rights to
regulate and pursue legitimate public policy objectives such as the protection of
public health, safety and the environment.

The agreement establishes an Investment Court System (ICS) designed to meet the
high expectations of citizens and industry for a fairer, more transparent and
institutionalised system of settling investment disputes. The provisions in the EUVietnam IPA having an impact on the EU budget relate precisely to the setting up
and running costs of the ICS.

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

# EN 12 EN

_1.4.4._ _Indicators of results and impact_

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

The IPA brings legal certainty and predictability that is expected to help the EU and
Vietnam attract and maintain investment to underpin their economy.

**1.5.** **Grounds for the proposal/initiative**

_1.5.1._ _Requirement(s) to be met in the short or long term_

Maintain or improve the level of investment flows between the EU and Vietnam.

_1.5.2._ _Added value of EU involvement_

In 2016, total EU FDI stock in Vietnam amounted to € 8.3 billion. As one of the
largest foreign investors in the country, the EU will benefit from the enhanced
investment climate that the IPA will provide for. The agreement further contains all
the innovations of the EU’s new approach to investment protection and its
enforcement mechanisms that are not present in the 21 existing bilateral investment
treaties between Vietnam and EU Member States that the IPA will be replacing.

_1.5.3._ _Lessons learned from similar experiences in the past_

N/A

_1.5.4._ _Compatibility and possible synergy with other appropriate instruments_

N/A

**1.6.** **Duration and financial impact**

 Proposal/initiative of limited duration

 Proposal/initiative in effect from [DD/MM]YYYY to [DD/MM]YYYY

 Financial impact from YYYY to YYYY

 Proposal/initiative of unlimited duration

Implementation with a start-up period from 2019 (subject to ratification in the
Council and the European Parliament).

followed by full-scale operation.

**1.7.** **Management mode(s) planned** **[9]**

 Direct management by the Commission

 by its departments, including by its staff in the Union delegations;

 by the executive agencies

 Shared management with the Member States

 Indirect management by entrusting budget implementation tasks to:

 third countries or the bodies they have designated;

 international organisations and their agencies (to be specified);

 the EIB and the European Investment Fund;

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](http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html)

# EN 13 EN

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

 public law bodies;

 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

As regards the financial handling of the ICS in the EU-Vietnam IPA, a contribution will be
given to an “existing structure” (namely, the ICSID) so that it channels the retainer fees to be
paid to the judges composing the ICS. It is only in case that a dispute arises that the fees for
case management could materialize, the services of ICSID as secretariat being otherwise free
of charge.

# EN 14 EN

**2.** **MANAGEMENT** **MEASURES**

**2.1.** **Monitoring and reporting rules**

Specify frequency and conditions.

As per the provisions of the framework agreement concluded with the organisation
concerned.

**2.2.** **Management and control system**

_2.2.1._ _Risk(s) identified_

As per the provisions of the framework agreement concluded with the organisation
concerned.

_2.2.2._ _Information concerning the internal control system set up_

As per the provisions of the framework agreement concluded with the organisation
concerned. In particular, the applicable verification rules.

_2.2.3._ _Estimate of the costs and benefits of the controls and assessment of the expected level_
_of risk of error_

Given the estimated financial impact, no substantive quantifiable costs or benefits
can be identified. The contribution will be part of DG Trade’s overall control system.

**2.3.** **Measures to prevent fraud and irregularities**

Specify existing or envisaged prevention and protection measures.

As per the provisions of the framework agreement concluded with the organisation
concerned. In addition, DG Trade’s anti-fraud strategy, which contains a dedicated
chapter on financial management, will apply.

# EN 15 EN

**3.** **ESTIMATED** **FINANCIAL** **IMPACT** **OF** **THE** **PROPOSAL/INITIATIVE**

**3.1** **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.

|Heading<br>of<br>multiann<br>ual<br>financial<br>framewo<br>rk|Budget line|Type of<br>expendit<br>ure|Contribution|Col5|Col6|Col7|
|---|---|---|---|---|---|---|
|Heading<br>of<br>multiann<br>ual<br>financial<br>framewo<br>rk|Number<br>4|Diff./No<br>n-diff.10|from<br>EFTA<br>countri<br>es11 <br>|from<br>candidat<br>e <br>countrie<br>s12 <br>|from<br>third<br>countri<br>es|within the<br>meaning of<br>Article 21(2<br>)(b) of the<br>Financial<br>Regulation|
||20.0201|Diff.|NO|NO|NO|NO|

New budget lines requested

In order of multiannual financial framework headings and budget lines.

|Heading<br>of<br>multiann<br>ual<br>financial<br>framewo<br>rk|Budget line|Type of<br>expendit<br>ure|Contribution|Col5|Col6|Col7|
|---|---|---|---|---|---|---|
|Heading<br>of<br>multiann<br>ual<br>financial<br>framewo<br>rk|Number<br>N/A|Diff./No<br>n-diff.|from<br>EFTA<br>countri<br>es|from<br>candidat<br>e <br>countrie<br>s|from<br>third<br>countri<br>es|within the<br>meaning of<br>Article 21(2<br>)(b) of the<br>Financial<br>Regulation|
||N/A||YES/N<br>O|YES/N<br>O|YES/N<br>O|YES/NO|

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

# EN 16 EN

**3.2.** **Estimated impact on expenditure**

_3.2.1._ _Summary of estimated impact on expenditure_

EUR million (to three decimal places)

|DG: TRADE|Col2|Col3|Col4|Year<br>2019|Year<br>2020|Year<br>2021|Year<br>2022|Enter as many years as<br>necessary to show the<br>duration of the impact<br>(see point 1.6)|Col10|Col11|TOTAL|
|---|---|---|---|---|---|---|---|---|---|---|---|
| Operational appropriations| Operational appropriations| Operational appropriations| Operational appropriations|||||||||
|Number of budget line 20.0201|Commitmen<br>ts|(1)|(1)|0.700|0.700|0.700|0.700||||2.800|
|Number of budget line 20.0201|Payments|(2)|(2)|0.700|0.700|0.700|0.700||||2.800|
|Number of budget line|Commitmen<br>ts|(1a)|(1a)|-|-|-|-|||||
|Number of budget line|Payments|(2a)|(2a)|-|-|-|-|||||
|Appropriations of an administrative nature financed from<br>the envelope of specific programmes13 <br>|Appropriations of an administrative nature financed from<br>the envelope of specific programmes13 <br>|Appropriations of an administrative nature financed from<br>the envelope of specific programmes13 <br>|Appropriations of an administrative nature financed from<br>the envelope of specific programmes13 <br>|0|0|0|0|||||
|Number of budget line||(3)|(3)|||||||||

13 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.

# EN 17 EN

|TOTAL appropriations<br>for DG TRADE|Commitmen<br>ts|=1+<br>1a<br>+3|0.700|0.700|0.700|0.700|Col8|Col9|Col10|2.800|
|---|---|---|---|---|---|---|---|---|---|---|
|TOTAL appropriations<br>for DG TRADE|Payments|=2+<br>2a<br>+3|0.700|0.700|0.700|0.700||||2.800|

| TOTAL operational appropriations|Commitmen<br>ts|(4)|0.700|0.700|0.700|0.700|Col8|Col9|Col10|2.800|
|---|---|---|---|---|---|---|---|---|---|---|
| TOTAL operational appropriations|Payments|(5)|0.700|0.700|0.700|0.700||||2.800|
| TOTAL appropriations of an administrative nature<br>financed from the envelope for specific programmes| TOTAL appropriations of an administrative nature<br>financed from the envelope for specific programmes|(6)|0|0|0|0|||||
|TOTAL appropriations<br>under HEADING 4<br>of the multiannual financial<br>framework|Commitmen<br>ts|=4+<br>6|0.700|0.700|0.700|0.700||||2.800|
|TOTAL appropriations<br>under HEADING 4<br>of the multiannual financial<br>framework|Payments|=5+<br>6|0.700|0.700|0.700|0.700||||2.800|

If more than one heading is affected by the proposal / initiative:

| TOTAL operational appropriations|Commitmen<br>ts|(4)|Col4|Col5|Col6|Col7|Col8|Col9|Col10|Col11|
|---|---|---|---|---|---|---|---|---|---|---|
| TOTAL operational appropriations|Payments|(5)|||||||||

# EN 18 EN

| TOTAL appropriations of an administrative nature<br>financed from the envelope for specific programmes|Col2|(6)|Col4|Col5|Col6|Col7|Col8|Col9|Col10|Col11|
|---|---|---|---|---|---|---|---|---|---|---|
|TOTAL appropriations<br>under HEADINGS 1 to 4<br>of the multiannual financial<br>framework<br>(Reference amount)|Commitmen<br>ts|=4+<br>6|||||||||
|TOTAL appropriations<br>under HEADINGS 1 to 4<br>of the multiannual financial<br>framework<br>(Reference amount)|Payments|=5+<br>6|||||||||

# EN 19 EN

EUR million (to three decimal places)

|Col1|Col2|Year<br>2019|Year<br>2020|Year<br>2021|Year<br>2022|Enter as many years as<br>necessary to show the<br>duration of the impact<br>(see point 1.6)|Col8|Col9|TOTAL|
|---|---|---|---|---|---|---|---|---|---|
|DG: TRADE||||||||||
| Human resources| Human resources|0.143|0.143|0.143|0.143||||0.572|
| Other administrative expenditure| Other administrative expenditure|0|0|0|0|||||
|TOTAL DG TRADE|Appropriations|0.143|0.143|0.143|0.143||||0.572|

EUR million (to three decimal places)

# EN 20 EN

|TOTAL appropriations<br>under HEADINGS 1 to 5<br>of the multiannual financial<br>framework|Commitments|0.843|0.843|0.843|0.843|Col7|Col8|Col9|3.372|
|---|---|---|---|---|---|---|---|---|---|
|TOTAL appropriations<br>under HEADINGS 1 to 5<br>of the multiannual financial<br>framework|Payments|0.843|0.843|0.843|0.843||||3.372|

# EN 21 EN

_3.2.2._ _Estimated impact on operational appropriations_

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

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

Commitment appropriations in EUR million (to three decimal places)

|Indicate<br>objectives<br>and<br>outputs<br>|Col2|Col3|Year<br>2019|Col5|Year<br>2020|Col7|Year<br>2021|Col9|Year<br>2022|Col11|Enter as many years as necessary<br>to show the duration of the impact<br>(see point 1.6)|Col13|Col14|Col15|Col16|Col17|TOTAL|Col19|
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|Indicate<br>objectives<br>and<br>outputs<br> <br>|OUTPUTS|OUTPUTS|OUTPUTS|OUTPUTS|OUTPUTS|OUTPUTS|OUTPUTS|OUTPUTS|OUTPUTS|OUTPUTS|OUTPUTS|OUTPUTS|OUTPUTS|OUTPUTS|OUTPUTS|OUTPUTS|OUTPUTS|OUTPUTS|
|Indicate<br>objectives<br>and<br>outputs<br> <br>|Type14 <br>|Aver<br>age<br>cost|No<br>Cost|No<br>Cost|No<br>Cost|No<br>Cost|No<br>Cost|No<br>Cost|No<br>Cost|No<br>Cost|No<br>Cos<br>t|No<br>Cos<br>t|No<br>Cost|No<br>Cost|No<br>Cost|No<br>Cost|Tota<br>l No<br>Total<br>cost|Tota<br>l No<br>Total<br>cost|
|SPECIFIC OBJECTIVE<br>No 115…|SPECIFIC OBJECTIVE<br>No 115…|SPECIFIC OBJECTIVE<br>No 115…|Running of the ICS|Running of the ICS|Running of the ICS|Running of the ICS|Running of the ICS|Running of the ICS|Running of the ICS|Running of the ICS|Running of the ICS|Running of the ICS|Running of the ICS|Running of the ICS|Running of the ICS|Running of the ICS|Running of the ICS|Running of the ICS|
|- Output|Secreta||1 <br>0.70|1 <br>0.70|<br>0.70|<br>0.70|<br>0.70|<br>0.70|<br>0.700|<br>0.700|<br>|<br>|<br>|<br>|<br>|<br>||2.800|
|- Output|Case(s)||<br>-|<br>-|<br>p.m.|<br>p.m.|<br>p.m.|<br>p.m.|<br>p.m.|<br>p.m.|<br>|<br>|<br>|<br>|<br>|<br>|||
|- Output|||||||||||||||||||
|Subtotal for specific<br>objective No 1|Subtotal for specific<br>objective No 1|Subtotal for specific<br>objective No 1||0.70<br>0||0.70<br>0||0.70<br>0||0.700||||||||2.800|
|SPECIFIC OBJECTIVE<br>No 2 ...|SPECIFIC OBJECTIVE<br>No 2 ...|SPECIFIC OBJECTIVE<br>No 2 ...|<br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br>|<br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br>|<br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br>|<br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br>|<br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br>|<br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br>|<br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br>|<br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br>|<br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br>|<br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br>|<br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br>|<br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br>|<br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br>|<br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br>|<br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br>|<br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br> <br>|

14 Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.).
15 As described in point 1.4.2. ‘Specific objective(s)…’

# EN 22 EN

|- Output|Col2|Col3|Col4|Col5|Col6|Col7|Col8|Col9|Col10|Col11|Col12|Col13|Col14|Col15|Col16|Col17|Col18|Col19|
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|Subtotal for specific<br>objective No 2|Subtotal for specific<br>objective No 2|Subtotal for specific<br>objective No 2|||||||||||||||||
|TOTAL COST|TOTAL COST|TOTAL COST||0.70<br>0||0.70<br>0||0.70<br>0||0.700||||||||2.800|

# EN 23 EN

_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

 The proposal/initiative requires the use of appropriations of an administrative
nature, as explained below:

EUR million (to three decimal places)

|HEADING 5<br>of the multiannual<br>financial<br>framework|Col2|Col3|Col4|Col5|Col6|Col7|Col8|Col9|
|---|---|---|---|---|---|---|---|---|
|Human resources<br>|0.143|0.143|0.143|0.143||||0.572|
|~~Other~~<br>administrative<br>expenditure<br>|0|0|0|0|||||
|~~Subtotal~~<br>HEADING 5<br>of the multiannual<br>financial<br>framework|||||||||

|Outside<br>HEADING 516<br>of the multiannual<br>financial<br>framework|Col2|Col3|Col4|Col5|Col6|Col7|Col8|Col9|
|---|---|---|---|---|---|---|---|---|
|Human resources<br>|||||||||
|~~Other~~<br>expenditure<br>of an<br>administrative<br>nature<br>|||||||||
|~~Subtotal~~<br>outside<br>HEADING 5<br>of the multiannual<br>financial<br>framework|||||||||

16 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.

# EN 24 EN

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.

# EN 25 EN

3.2.3.2. Estimated requirements of human resources

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

 The proposal/initiative requires the use of human resources, as explained below:

Estimate to be expressed in full time equivalent units

|Col1|Col2|Year<br>2019|Year<br>2020|Year<br>2021|Year<br>2022|Enter as many years as<br>necessary to show the duration<br>of the impact (see point 1.6)|Col8|Col9|
|---|---|---|---|---|---|---|---|---|
| Establishment plan posts (officials and temporary staff)| Establishment plan posts (officials and temporary staff)| Establishment plan posts (officials and temporary staff)| Establishment plan posts (officials and temporary staff)| Establishment plan posts (officials and temporary staff)|||||
|XX 01 01 01 (Headquarters<br>and Commission’s<br>Representation Offices)|XX 01 01 01 (Headquarters<br>and Commission’s<br>Representation Offices)|1|1|1|1||||
|XX 01 01 02 (Delegations)|XX 01 01 02 (Delegations)||||||||
|XX 01 05 01 (Indirect<br>research)|XX 01 05 01 (Indirect<br>research)||||||||
|10 01 05 01 (Direct research)|10 01 05 01 (Direct research)||||||||
| External staff (in Full Time Equivalent unit: FTE)17 <br>| External staff (in Full Time Equivalent unit: FTE)17 <br>| External staff (in Full Time Equivalent unit: FTE)17 <br>| External staff (in Full Time Equivalent unit: FTE)17 <br>| External staff (in Full Time Equivalent unit: FTE)17 <br>|||||
|XX 01 02 01 (AC, END,<br>INT from the ‘global<br>envelope’)|XX 01 02 01 (AC, END,<br>INT from the ‘global<br>envelope’)||||||||
|XX 01 02 02 (AC, AL,<br>END, INT and JED in the<br>delegations)|XX 01 02 02 (AC, AL,<br>END, INT and JED in the<br>delegations)||||||||
|XX<br>01<br>04<br>yy<br>18 <br>|- at<br>Headquarters<br>||||||||
|XX<br>01<br>04<br>yy<br>18 <br>|- in<br>Delegations||||||||
|XX 01 05 02 (AC, END,<br>INT - Indirect research)|XX 01 05 02 (AC, END,<br>INT - Indirect research)||||||||
|10 01 05 02 (AC, END, INT<br>- Direct research)|10 01 05 02 (AC, END, INT<br>- Direct research)||||||||
|Other budget lines (specify)|Other budget lines (specify)||||||||

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

# EN 26 EN

TOTAL 1 1 1 1

XX is the policy area or budget title concerned.

The human resources required will be met by staff from the DG who 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.

Description of tasks to be carried out:

|Officials and temporary staff|Monitoring of the running of the ICS/Case handling|
|---|---|
|External staff||

# EN 27 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.

 The proposal/initiative requires application of the flexibility instrument or revision
of the multiannual financial framework.

_3.2.5._ _Third-party contributions_

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

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

Appropriations in EUR million (to three decimal places)

|Col1|Year<br>2019|Year<br>2020|Year<br>2021|Year<br>2022|Enter as many years as<br>necessary to show the<br>duration of the impact (see<br>point 1.6)|Col7|Col8|Total|
|---|---|---|---|---|---|---|---|---|
|Specify<br>the<br>co-<br>financing<br>body:<br>Government of the<br>Socialist Republic of<br>Viet Nam|0.700|0.700|0.700|0.700||||2.800|
|TOTAL<br>appropriations co-<br>financed|0.700|0.700|0.700|0.700||||2.800|

# EN 28 EN

**3.3.** **Estimated impact on revenue**

 The proposal/initiative has no financial impact on revenue.

 The proposal/initiative has the following financial impact:

 on own resources

|Col1| on|n miscellaneous revenue EUR million (to three decimal places)|Col4|Col5|Col6|Col7|Col8|Col9|
|---|---|---|---|---|---|---|---|---|
|Budget<br>revenue<br>line:|Appropriat<br>ions<br>available<br>for the<br>current<br>financial<br>year<br>(B2016)|Impact of the proposal/initiative19|Impact of the proposal/initiative19|Impact of the proposal/initiative19|Impact of the proposal/initiative19|Impact of the proposal/initiative19|Impact of the proposal/initiative19|Impact of the proposal/initiative19|
|Budget<br>revenue<br>line:|Appropriat<br>ions<br>available<br>for the<br>current<br>financial<br>year<br>(B2016)|Year<br>N|Year<br>N+1|Year<br>N+2|Year<br>N+3|Enter as many years as<br>necessary to show the duration<br>of the impact (see point 1.6)|Enter as many years as<br>necessary to show the duration<br>of the impact (see point 1.6)|Enter as many years as<br>necessary to show the duration<br>of the impact (see point 1.6)|
|Article ………….||……………|……………|……………|……………||||

For miscellaneous ‘assigned’ revenue, specify the budget expenditure line(s)
affected.

[…]

Specify the method for calculating the impact on revenue.

[…]

19 As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net
amounts, i.e. gross amounts after deduction of 25 % for collection costs.

# EN 29 EN