Legal provisions of COM(2023)337 - Amendment of Regulation (EU, Euratom) 2020/2093 laying down the multiannual financial framework for the years 2021 to 2027

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dossier COM(2023)337 - Amendment of Regulation (EU, Euratom) 2020/2093 laying down the multiannual financial framework for the years 2021 to 2027.
document COM(2023)337
date February 29, 2024


Article 1

Regulation (EU, Euratom) 2020/2093 is amended as follows:

(1) Article 2 is amended as follows:

(a) in paragraph 2, the first subparagraph is replaced by the following:

‘2. Where it is necessary to use the resources from the special instruments provided for in Articles 8, 9, 10, 10a, 10b and 12, commitment and corresponding payment appropriations shall be entered in the budget over and above the relevant MFF ceilings.’;

(b) in paragraph 3, the second sub-paragraph is replaced by the following:

‘Where it is necessary to mobilise a guarantee for financial assistance to Ukraine which is available for the years 2023 to 2027 and authorised in accordance with Article 220(1) of the Financial Regulation, the necessary amount shall be mobilised over and above the MFF ceilings.’;

(2) In Article 9, paragraph 2 is replaced by the following:

‘2. The Solidarity and Emergency Aid Reserve shall not exceed a maximum annual amount of EUR 1 739 million (in 2018 prices). Any portion of the annual amount not used in year n may be used up to year n+1. The portion of the annual amount stemming from the previous year shall be drawn on first. Any portion of the annual amount from year n which is not used in year n+1 shall lapse.’;

(3) The following Articles are inserted:

‘Article 10a
EURI Instrument

1. The EURI Instrument may be used to finance the additional costs where, in a given year, the costs of the interest and coupon payments due in respect of the funds borrowed on the capital markets in accordance with Article 5(2) of Decision (EU, Euratom) No 2020/2053 exceed the following amounts (in 2018 prices):

- 2024 – EUR 1 840 million,

- 2025 – EUR 2 332 million,

- 2026 – EUR 3 196 million,

- 2027 – EUR 4 168 million,

2. The EURI Instrument may be mobilised by the European Parliament and the Council in the framework of the budgetary procedure provided for in Article 314 TFEU.’;

Article 10b
Ukraine Reserve

1. The Ukraine Reserve may be mobilised for the sole purpose of financing expenditure under [the Ukraine Facility Regulation] and shall aim at providing at least EUR 2 500 million in current prices as an annual indicative amount.

2. The Ukraine Reserve shall not exceed an amount of EUR 50 000 million in current prices for the period 2024 to 2027. The annual amount mobilised under the Ukraine Reserve in a given year shall not exceed EUR 16 700 million in current prices.

3. The Ukraine Reserve may be mobilised by the European Parliament and the Council in the framework of the budgetary procedure provided for in Article 314 TFEU.’;

(4) In Article 12, paragraph 1 is replaced by the following:

‘1. The Flexibility Instrument may be used for the financing, for a given financial year, of specific unforeseen expenditure in commitment appropriations and corresponding payment appropriations that cannot be financed within the limits of the ceilings available for one or more other headings. The ceiling for the annual amount available for the Flexibility Instrument shall be EUR 1 562 million (in 2018 prices).’;

(5) Annex I is replaced by the text in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.