Commission's proposal: COM(2019) 251 – 5 June 2019
Council's position: 27 November 2019
Parliament's position: 27 November 2019

DECISION (EU) 2020/265 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 November 2019 on the mobilisation of the Flexibility Instrument to finance immediate budgetary measures to address the ongoing challenges of migration, refugee inflows and security threats

Having examined all possibilities for reallocating appropriations under the expenditure ceiling of heading 3 (Security and citizenship), it is necessary to mobilise the Flexibility Instrument to supplement the financing available in the general budget of the Union for the financial year 2020 beyond the ceiling of heading 3 by the amount of EUR 778 074 489 to finance measures in the field of migration, refugees and security.

On the basis of the expected payment profile, the payment appropriations corresponding to the mobilisation of the Flexibility Instrument shall be estimated as follows: (a) EUR 407 402 108 in 2020; (b) EUR 312 205 134 in 2021; (c) EUR 42 336 587 in 2022; (d) EUR 16 130 660 in 2023.


Commission's proposal: COM(2020) 140

Proposal for a Decision of the European Parliament and of the Council amending Decision (EU) 2020/265 as regards adjustments to the amounts mobilised from the Flexibility Instrument for 2020 to be used for migration, refugee inflows and security threats, for immediate measures in the context of the COVID-19 outbreak and reinforcement of the European Public Prosecutor's Office (EPPO)

The European Parliament and the Council decided on 27 November 2019 to mobilise the Flexibility instrument for an amount of EUR 778,1 million for heading 3 Security and Cititzenship as proposed by the Commission.

The Commission submits today draft amending budget (DAB) No 1/2020  that includes, amongst others, an overall increase of the level of commitment appropriations for heading 3 of EUR 393,3 million to meet the needs resulting from the increased migration pressure in Greece, to finance immediate measures required in the context of the COVID-19 outbreak and to cover an increase of the budget for the European Public Prosecutor’s Office (EPPO).

As allowed by Article 14 of the Council Regulation (EU, Euratom ) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020, this DAB proposes to use the Global Margin for Commitment (GMC) remaining available from 2018 for the increase linked to migration (EUR 350 million). The remaining part of the increase, not falling under the scope of the GMC (EUR 43,3 million), requires an additional mobilisation of the Flexibility Instrument.

Therefore, the present proposal accompanies DAB No 1/2020 in order to increase accordingly the amounts mobilised from the Flexibility Instrument and to extend the purpose of the mobilisation.

The adjusted mobilisation of the Flexibility Instrument will amount to EUR 821,4 million (from EUR 778,1 million) for heading 3.

This proposed mobilisation decision will amend Decision (EU) 2020/265 of 27 November 2019.


Commission's proposal: COM(2020) 171 – 2 April 2020

Proposal for a Decision of the European Parliament and of the Council amending Decision (EU) 2020/265 as regards adjustments to the amounts mobilised from the Flexibility Instrument for 2020 to be used for migration, refugee inflows and security threats, for immediate measures in the framework of the COVID-19 outbreak and for reinforcement of the European Public Prosecutor's Office

The European Parliament and the Council decided on 27 November 2019 to mobilise the Flexibility Instrument for an amount of EUR 778,1 million for heading 3 Security and Citizenship as proposed by the Commission (Decision (EU) 2020/265[1]).

The Commission submitted on 27 March 2020 draft amending budget (DAB) No 1/2020[2]. This included, inter alia, an overall increase of EUR 423,3 million of the commitment appropriations under heading 3 to meet the needs resulting from the increased migration pressure in Greece, to finance immediate measures required in the framework of the COVID-19 outbreak (the first-ever stockpile of medical equipment under rescEU) and to increase the budget for the European Public Prosecutor’s Office. The Commission proposed in DAB No 1/2020 to use the Global margin for commitments (GMC) for an amount of EUR 350,0 million available from 2018 to cover the part of this increase related to migration. The Commission also proposed to finance the remaining part of the increase (EUR 73,3 million) by adjusting accordingly the amount mobilised from the Flexibility Instrument and to extend the purpose of Decision (EU) 2020/265[3].

The Commission today submits draft amending budget No 2/2020[4], which includes an additional increase of commitment appropriations under heading 3 for an amount of EUR 3 000,0 million to cover the re-activation of the Emergency Support Instrument within the Union (ESI) to help Member States tackle the consequences of the COVID-19 outbreak and to further reinforce the Union Civil Protection Mechanism/rescEU so as to facilitate wider stock-piling and coordination of essential resource distribution across Europe. Given the absence of room for redeployments under heading 3 and in line with the proposal, also submitted today, to amend the MFF Regulation removing the limitations in the scope of this instrument[5], the Commission proposes in DAB No 2/2020 the use of the GMC for the full amount available under this special instrument of EUR 2 042,4 million[6] to cover this increase.

In addition, this proposed mobilisation decision of the Flexibilty Instrument amends Decision (EU) 2020/265 of 27 November 2019 and replaces the amendment tabled together with DAB No 1/2020. This new proposal therefore covers the combined increases of commitment appropriations for heading 3 included in both DAB Nos 1 and 2/2020, increases the total amount to be mobilised to EUR 1 094,4 million[7] and exhausts the amount available under this instrument for 2020.

As the use of the GMC in DAB No 2/2020 and this proposed mobilisation decision of the Flexibility Instrument are insufficient to cover the financing needs of the ESI, the Commission also makes a separate proposal[8], together with DAB No 2/2020, to mobilise the Contingency Margin for 2020 for an amount of EUR 714,6 million.

[1] OJ L 58, 27.2.2020, p. 51.

[2] COM(2020) 145, 27.3.2020.

[3] COM(2020) 140, 27.3.2020.

[4] COM(2020) 170, 2.4.2020.

[5] COM(2020) 174, 2.4.2020.

[6] This amount takes into the remaining margin from 2019 (EUR 1 316,9 million) made available for 2020 in the “Technical adjustment in respect of special instrument” adopted today by the Commission (COM(2020) 173, 2.4.2020)

[7] This amount takes into account EUR 175 million lapsed from the European Globalisation Adjustment in 2019 and added to the Flexibility Instrument in the “Technical adjustment in respect of special instrument” adopted today by the Commission (COM(2020) 173, 2.4.2020).

[8] COM(2020) 172, 2.4.2020.

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