THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 312 thereof,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
Having regard to the proposal from the European Commission,
Having regard to the consent of the European Parliament,
After transmission of the draft legislative act to the national parliaments,
Acting in accordance with a special legislative procedure,
Whereas:
(1)
Special instruments have been extensively used in the first years of implementation of the 2014-2020 multiannual financial framework (MFF) set out in Council Regulation (EU, Euratom) No 1311/2013 to address new challenges which have arisen in the European neighbourhood and called for swift and comprehensive Union action to deal with their far-reaching humanitarian and security implications.
(2)
The circumstances which occasioned those extraordinary measures and the need to take further action persist, as shown by the recourse made, again, under the budget for the year 2017 to margins and special instruments, which reduces the budgetary availabilities to confront such situations in the remaining period of the MFF.
(3)
In order to implement specific and maximum possible flexibility and to ensure the sufficiency of payment appropriations to allow the Union to fulfil its obligations in compliance with Article 323 of the Treaty on the Functioning of the European Union, the maximum amounts set for the adjustment of payment ceilings for the years 2019-2020 under the global margin for payments need to be increased.
(4)
In order to maintain a sufficient capacity for the Union to react to unforeseen circumstances with particular focus on the new challenges, the Emergency Aid Reserve and the Flexibility Instrument should be reinforced, the temporal restrictions regarding the constitution of the global margin for commitments should be removed and the scope of the global margin for commitments should be expanded.
(5)
Specific and maximum possible flexibility should also be ensured by providing for unused amounts from the European Union Solidarity Fund and the European Globalisation Adjustment Fund to be made available to the Flexibility Instrument.
(6)
Regulation (EU, Euratom) No 1311/2013 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION: