Flexibility Instrument
Article 1
Open ↗Regulation (EU, Euratom) No 1311/2013 is amended as follows: (1) in Article 3, paragraph 2 is replaced by the following: ‘2. The special instruments provided for in Articles 9 to 15 shall ensure the flexibility of the MFF and shall be laid down in order to allow the budget procedure to run smoothly. The commitment appropriations may be entered in the budget over and above the ceilings of the relevant headings laid down in the MFF where it is necessary to use the resources from the Emergency Aid Reserve, the European Union Solidarity Fund, the Flexibility Instrument, the European Globalisation Adjustment Fund, the Contingency Margin, the specific flexibility to tackle youth unemployment and strengthen research and the global margin for commitments for growth and employment, in particular youth employment, and for migration and security measures, in accordance with Council Regulation (EC) No 2012/2002 ( *1 ) , Regulation (EU) No 1309/2013 of the European Parliament and of the Council ( *2 ) , and the Interinstitutional Agreement on budgetary discipline, on cooperation in budgetary matters and on sound financial management ( *3 ) . ( *1 ) Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund ( OJ L 311, 14.11.2002, p. 3 )." ( *2 ) Regulation (EU) No 1309/2013 of the European Parliament and of the Council of 17 December 2013 on the European Globalisation Adjustment Fund (2014-2020) and repealing Regulation (EC) No 1927/2006 ( OJ L 347, 20.12.2013, p. 855 )." ( *3 ) Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management ( OJ C 373, 20.12.2013, p. 1 ).’;" (2) in Article 5, paragraph 2 is replaced by the following: ‘2. The annual adjustments shall not exceed the following maximum amounts (in 2011 prices) for the years 2018-2020 as compared to the original payment ceiling of the relevant years: 2018 — EUR 7 billion 2019 — EUR 11 billion 2020 — EUR 13 billion.’; (3) in Article 6(1), the following point is added: ‘(f) calculation of the amounts to be made available to the Flexibility Instrument under the second subparagraph of Article 11(1).’; (4) in Article 9, paragraph 2 is replaced by the following: ‘2. The annual amount of the Reserve is fixed at EUR 300 million (2011 prices) and may be used up to year n + 1 in accordance with the Financial Regulation. The Reserve shall be entered in the general budget of the Union as a provision. The portion of the annual amount stemming from the previous year shall be drawn on first. That portion of the annual amount from year n which is not used in year n + 1 shall lapse.’; (5) Article 11 is replaced by the following: ‘Article 11 Flexibility Instrument 1. The Flexibility Instrument is intended to allow the financing, for a given financial year, of clearly identified expenditure which could not be financed within the limits of the ceilings available for one or more other headings. Subject to the second subparagraph, there shall be a ceiling on the annual amount available for the Flexibility Instrument of EUR 600 million (2011 prices). Each year, starting in 2017, the annual amount available for the Flexibility Instrument shall be increased by: (a) an amount equivalent to the portion of the annual amount for the European Union Solidarity Fund which has lapsed in the previous year in accordance with Article 10(1); (b) an amount equivalent to the portion of the annual amount for the European Globalisation Adjustment Fund which has lapsed in the previous year. Amounts made available to the Flexibility Instrument in accordance with the second subparagraph shall be used in accordance with the conditions set out in this Article. 2. The unused portion of the annual amount of the Flexibility Instrument may be used up to year n + 3. The portion of the annual amount stemming from previous years shall be used first, in order of age. That portion of the annual amount from year n which is not used in year n + 3 shall lapse.’; (6) Article 14 is replaced by the following: ‘Article 14 Global margin for commitments for growth and employment, in particular youth employment, and for migration and security measures 1. Margins left available below the MFF ceilings for commitment appropriations shall constitute a Global MFF Margin for commitments, to be made available over and above the ceilings established in the MFF for the years 2016 to 2020 for policy objectives related to growth and employment, in particular youth employment, and to migration and security. 2. Each year, as part of the technical adjustment provided for in Article 6, the Commission shall calculate the amount available. The Global MFF Margin or part thereof may be mobilised by the European Parliament and the Council in the framework of the budgetary procedure pursuant to Article 314 TFEU.’.