COMMISSION STAFF WORKING DOCUMENT IMPACT ASSESSMENT Accompanying the documents Proposals for COUNCIL DECISIONS on a Neighbourhood, Development and International Cooperation, Instrument, an Overseas Association, an Instrument for Pre-Accession Assistance and an Instrument for Nuclear Safety complementing the Neighbourhood, development and International Instrument on the basis of the Euratom Treaty

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    1_EN_impact_assessment_part1_v9.pdf

    https://www.ft.dk/samling/20181/kommissionsforslag/kom(2018)0465/forslag/1628163/2140408.pdf

    EN EN
    EUROPEAN
    COMMISSION
    Brussels, 14.6.2018
    SWD(2018) 337 final
    COMMISSION STAFF WORKING DOCUMENT
    IMPACT ASSESSMENT
    Accompanying the document
    Proposal for a
    REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
    establishing the Neighbourhood, Development and International Cooperation
    Instrument
    Proposal for a
    COUNCIL DECISION
    on the Association of the Overseas Countries and Territories with the European Union
    including relations between the European Union on the one hand, and the Greenland
    and the Kingdom of Denmark on the other ('Overseas Association Decision')
    Proposal for a
    REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
    establishing the Instrument for Pre-Accession Assistance (IPA III)
    Proposal for a
    COUNCIL REGULATION
    establishing a European Instrument for Nuclear Safety complementing the
    Neighbourhood, Development and International Instrument on the basis of the Euratom
    Treaty
    {COM(2018) 460 final} } - {COM(2018) 461 final} } - {COM(2018) 465 final} } -
    {COM(2018) 462 final} } - {SEC(2018) 310 final}
    Europaudvalget 2018
    KOM (2018) 0465
    Offentligt
    Table of contents
    1. INTRODUCTION ................................................................................................................................ 2
    1.1. Context ..............................................................................................................2
    1.2. Scope .................................................................................................................3
    2. SUMMARY OF CURRENT PROGRAMMES AND LESSONS LEARNED .................................... 5
    2.1. Summary of EU external action programmes ...................................................5
    2.2. Key findings from evaluations ..........................................................................7
    2.3. Feedback from stakeholders............................................................................10
    3. THE CHALLENGES AND OBJECTIVES........................................................................................ 11
    3.1. Main challenges and new political priorities to be addressed by the
    new programme...............................................................................................11
    3.2. Objectives of the programmes of the next MFF..............................................13
    4. PROGRAMME STRUCTURE AND PRIORITIES........................................................................... 14
    4.1. Proposed changes to the EU’s external action ................................................14
    4.2. Structure of the broad instrument....................................................................15
    4.2.1. Geographic programmes....................................................................................... 16
    4.2.2. Thematic programmes .......................................................................................... 17
    4.2.3. Rapid response component .................................................................................. 18
    4.3. Justification for the changes............................................................................18
    4.4. Which instruments should be replaced by the broad instrument?...................20
    4.5. Prioritisation ....................................................................................................29
    5. DELIVERY MECHANISMS OF THE INTENDED FUNDING ...................................................... 30
    5.1. Implementation modalities ..............................................................................30
    5.2. Delivery methods.............................................................................................31
    6. HOW WILL PERFORMANCE BE MONITORED AND EVALUATED?....................................... 33
    6.1. Monitoring arrangements ................................................................................33
    6.2. Data provisions and sources............................................................................35
    6.3. Evaluations ......................................................................................................36
    ANNEX 1: PROCEDURAL INFORMATION............................................................................................ 38
    ANNEX 2: STAKEHOLDER CONSULTATION....................................................................................... 40
    ANNEX 3: EVALUATION RESULTS....................................................................................................... 49
    ANNEX 4: BROAD INSTRUMENT - DESCRIPTION OF THE PROGRAMMES COVERED
    COMMON IMPLEMENTING REGULATION ................................................................................ 64
    ANNEX 4A ADDITIONAL INFORMATION ON MACRO-FINANCIAL ASSISTANCE...................... 70
    ANNEX 4B ADDITIONAL INFORMATION ON THE EXTERNAL LENDING MANDATE ............... 72
    ANNEX 5: ADDITIONAL INFORMATION ON IPA ............................................................................... 90
    ANNEX 6 ADDITIONAL INFORMATION ON CFSP.............................................................................. 93
    ANNEX 7 ADDITIONAL INFORMATION ON THE OVERSEAS ASSOCIATION DECISION
    (OAD) AND THE GREENLAND DECISION .................................................................................. 95
    ANNEX 8 ADDITIONAL INFORMATION ON HUMANITARIAN AID................................................ 98
    ANNEX 9 ADDITIONAL INFORMATION ON UNION CIVIL PROTECTION MECHANISM.......... 101
    ANNEX 10 ADDITIONAL INFORMATION ON SUPPORT TO THE TURKISH CYPRIOT
    COMMUNITY.................................................................................................................................. 102
    ANNEX 11 ADDITIONAL INFORMATION ON INSTRUMENT FOR NUCLEAR SAFETY
    COOPERATION .............................................................................................................................. 104
    ANNEX 12 MINUTES OF THE INTER-SERVICE STEERING GROUP MEETING, 23
    MARCH 2018................................................................................................................................... 105
    1
    Glossary
    Term or acronym Meaning or definition
    ACP African Caribbean and Pacific
    APF African Peace Facility
    CBSD Capacity building in support of security and development
    CIR Common Implementing Regulation
    CFSP Common Foreign and Security Policy
    CSO Civil Society Organisations
    DAC Development Assistance Committee
    DCI Development Cooperation Instrument
    EDF European Development Fund
    EFI External Financing Instrument
    EFSI European Fund for Strategic Investments
    EIDHR European Instrument for Democracy and Human Rights
    EIB European Investment Bank
    ENI European Neighbourhood Instrument
    IcSP Instrument contributing to Stability and Peace
    INSC Instrument for Nuclear Safety Cooperation
    IPA Instrument for Pre-Accession
    MFA Macro Financial Assistance
    MFF Multi-annual Financial Framework
    MTR Mid-Term Review
    OECD Organisation for Economic Cooperation and Development
    OCTs Overseas Countries and Territories
    ODA Official Development Assistance
    PI Partnership Instrument
    SDG Sustainable Development Goals
    TEU Treaty on European Union
    TFEU Treaty on the Function of the European Union
    TF Trust Fund
    UMIC Upper Middle Income Countries
    USD United States Dollars
    2
    1. INTRODUCTION
    1.1. Context
    As stated in the Reflection paper on the future of EU finances (June 2017)1
    , the world has
    become a more challenging place since the establishment of the EU’s current spending
    plan 2014-2020 (otherwise known as the Multiannual Financial Framework (MFF)). It is
    now characterised by an increasing fragility, brought about by numerous crises in the
    EU’s neighbourhood and beyond. Regional conflicts, terrorism, economic inequalities
    and growing migratory pressures, are all part of this new reality, compounded by
    population growth, climate change and environmental degradation. Distant crises have
    not only far-reaching regional consequences, but often impact on the lives of EU citizens.
    At the same time, the diversity of partners with which the EU cooperates has become
    much more apparent. More partners, including some with large populations, are
    graduating out of the Development Assistance Committee's official development
    assistance (ODA) eligibility criteria2
    . Other countries have made progress on poverty
    reduction, only to see it eroded due to economic and environmental shocks. Others are
    conflict-prone least developed countries that remain locked in fragility and poverty.
    This evolving landscape is also defined in the Global Strategy “Shared vision, common
    action: a stronger Europe”3
    . As stated in the Strategy, the new challenges and priorities
    faced by the EU’s external action highlights the need to examine the distribution of EU
    finances. Today, the EU’s external action budget equates to around 6% of the total EU
    budget (9% if the 11th
    European Development Fund is included). In line with the requests
    from the European Parliament’s resolution of 6 July 20164
    , this budget had to be
    reinforced in recent years to tackle humanitarian and other emergencies around Europe
    and beyond, increasing amounts of displaced people, and a number of complex crises that
    are set to continue.
    The Commission’s communication on a new, modern MFF for an EU that delivers
    efficiently on its priorities post 2020 (February 2018)5
    , reinforces the high level of
    ambition for external action and that the EU must be able to deliver on its international
    goals and the expectations of EU citizens. They have shown concern about poverty
    reduction, migration, terrorism and external security threats in general and prefer that
    these issues to be tackled at the European level. They expect Europe to play a leading
    role in the world and to manage the effects of globalisation. They want the EU to defend
    democracy, the rule of law, human rights, and sustainable economic development and to
    project stability and security, in particular in Europe’s immediate neighbourhood6
    .
    The policy framework for external action provides the basis for the EU to respond to
    these challenges and expectations. This framework includes international commitments
    1
    See https://ec.europa.eu/commission/publications/reflection-paper-future-eu-finances_en
    2
    Forecasts on graduation are very speculative, nevertheless, the DAC/Organisation for Economic Cooperation and
    Development tentatively predict around 15 countries to graduate to high-income status (therefore no longer eligible for
    ODA) before 2030. For further information see: http://ida.worldbank.org/about/ida-graduates
    3
    See http://europa.eu/globalstrategy/sites/globalstrategy/files/regions/files/eugs_review_web_0.pdf
    4
    See http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P8-TA-2016-
    0309+0+DOC+XML+V0//EN&language=EN
    5
    See http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2018:0098:FIN
    6
    See the results from recent Eurobarometer polls including: https://ec.europa.eu/europeaid/special-eurobarometer-
    report-eu-citizens-views-development-cooperation-and-aid_en and
    https://data.europa.eu/euodp/data/dataset/S1569_87_4_464B_ENG
    3
    such as the 2030 Agenda for Sustainable Development7
    , the Paris Agreement on Climate
    Change8
    , and the Addis Ababa Action Agenda9
    . Within the EU, the Treaty provisions on
    external action are now complemented by the EU Global Strategy, the new European
    Consensus on Development10
    , the renewed EU-Africa Partnership11
    , the reviewed
    European Neighbourhood policy12
    and the European Consensus on Humanitarian Aid13
    ,
    amongst others.
    Looking ahead, the EU’s external action should build on what works well today while
    also anticipating the challenges of tomorrow. In line with the Rome declaration14
    , the
    EU’s future external actions should help enable a Europe that is safe, secure, globally
    stronger, prosperous and sustainable.
    On 2 May 2018, the European Commission adopted its proposals for a new MFF for
    2021-2027. Under these proposals15
    , the Neighbourhood, Development and International
    Cooperation Instrument (NDICI) will have a budget of EUR 89.5 billion over this period,
    of which EUR 300 million will be allocated to the European Nuclear Safety Instrument
    complementing the NDICI on the basis of the Euratom Treaty.
    1.2. Scope
    This impact assessment covers the current heading 416
    programmes17
    in order to provide
    a comprehensive picture of EU external action18
    . It reflects the decisions of the MFF
    proposals and focuses on the changes proposed to the heading in comparison with the
    current set-up.
    The main changes envisaged under the next MFF, in line with the Reflection paper on the
    future of EU finances (June 2017), and the Communication from the Commission to the
    European Parliament and to the Council (February 2018) are:
    1. Merging several external instruments into a broad instrument, namely: DCI, EDF,
    EIDHR; ENI; IcSP; INSC19
    , PI, and the CIR20
    , as well as several budgetary
    7
    See https://sustainabledevelopment.un.org/post2015/transformingourworld
    8
    See http://unfccc.int/paris_agreement/items/9485.php
    9
    See http://www.un.org/esa/ffd/wp-content/uploads/2015/08/AAAA_Outcome.pdf
    10
    See https://ec.europa.eu/europeaid/sites/devco/files/european-consensus-on-development-final-20170626_en.pdf
    11
    See https://www.africa-eu-partnership.org/en
    12
    See https://ec.europa.eu/neighbourhood-enlargement/sites/near/files/neighbourhood/pdf/key-
    documents/151118_joint-communication_review-of-the-enp_en.pdf
    13
    See http://ec.europa.eu/echo/files/media/publications/consensus_en.pdf
    14
    See http://www.consilium.europa.eu/en/press/press-releases/2017/03/25/rome-declaration/
    15
    See https://ec.europa.eu/commission/priorities/democratic-change/future-europe/eu-budget-future_en
    16
    Heading 4 is one of the six broad groups of expenditure (“headings”) contained within the MFF. The current heading
    4 covers external action spending.
    17
    The programmes under heading 4 include: Development Cooperation Instrument (DCI); European Neighbourhood
    Instrument (ENI); Instrument for Pre-Accession (IPA II); Instrument contributing to stability and Peace (IcSP);
    European Instrument for Democracy and Human Rights (EIDHR); Partnership Instrument (PI); Instrument for Nuclear
    Safety Cooperation (INSC); Greenland Decision (GD); Humanitarian Aid; Common Foreign and Security Policy
    (CFSP); Macro-financial assistance (MFA); Guarantee fund for external actions (i.e. EIB External Lending Mandate
    and Euratom Loan Facility); European Fund for Sustainable Development; EU Civil Protection; EU Aid Volunteers;
    and the Common Implementing Regulation (CIR). The EDF is also included in this impact assessment although it is
    not included in the EU budget.
    18
    It should be noted that a separate ex-ante evaluation has been prepared for the European Solidarity Corps that
    integrates heading 4’s EU aid volunteers initiative. There is also a separate impact assessment for the Erasmus
    programme for which funds from external action should be transferred to finance actions in respect of learning
    mobility to, from or between partner countries as well as for policy dialogue with authorities.
    19
    Since part of the nuclear activities need to follow a specific procedure of the Euratom Treaty, a complementary
    instrument will be created.
    4
    guarantees currently under the European Fund for Sustainable Development (EFSD),
    the European Investment Bank’s (EIB) external lending mandate (ELM) and the
    Guarantee Fund for external action. The broad instrument should include: a
    prominent neighbourhood window, a strong focus on migration including in the
    cushion for emerging challenges and priorities and provisioning for Macro-Financial
    Assistance21
    .
    2. Integrating the current extra-budgetary EDF into the EU budget, including the EDF’s
    ACP investment facility.
    Table 1. List of current external action instruments 2014-2020 and those proposed
    for 2021-2027
    Instrument 2014-2020 Instrument 2021-2027
    External action
    Development Cooperation Instrument (DCI) Neighbourhood, Development and International
    Cooperation instrument, together with the
    European Instrument for Nuclear Safety
    Cooperation complementing the Neighbourhood,
    Development and International Cooperation
    Instrument on the basis of Euratom Treaty
    European Neighbourhood Instrument (ENI)
    Partnership Instrument for Cooperation with Third Countries
    (PI)
    European Instrument for Democracy and Human Rights
    (EIDHR)
    Instrument contributing to stability and Peace (IcSP)
    European Development Fund (EDF), including ACP investment
    facility and excluding African Peace Facility
    Instrument for Nuclear Safety Cooperation (INSC)
    European Fund for Sustainable Development (EFSD)
    External Lending Mandate (ELM)
    Guarantee Fund for external action
    Macro-Financial Assistance (MFA)
    Overseas Countries and Territories Cooperation with Greenland, Overseas Countries
    and Territories
    Cooperation with Greenland
    Humanitarian Aid Humanitarian Aid
    Common Foreign and Security Policy Common Foreign and Security Policy
    Support to Turkish Cypriot community Support to Turkish Cypriot community
    Pre-Accession Assistance
    Instrument for Pre-accession Assistance (IPA) Instrument for Pre-accession Assistance (IPA)
    Crisis Response
    Union Civil Protection Mechanism RescEU
    Investing in People and European Values
    European Solidarity Corps European Solidarity Corps
    EU Aid Volunteers initiative
    Instruments outside the MFF headings
    Emergency Aid Reserve Emergency Aid Reserve (internal and external)
    Off budget
    Common Foreign and Security Policy – Operations with Defence
    Implications (Athena Mechanism)
    European Peace Facility
    European Development Fund – African Peace Facility
    This impact assessment satisfies the requirements of the EU’s financial regulation22
    in
    respect to preparing an ex-ante evaluation for the proposal of a new, broad external
    financing instrument and other external instruments under heading 4.
    20
    It should be noted that the CIR is not a financing instrument but a regulation for implementing a number of the
    instruments under heading 4.
    21
    MFA will be activated on the basis of separate legal bases as needed.
    22
    The financial regulation is the main point of reference for the principles and procedures governing the establishment,
    implementation and control of the EU budget. See
    http://ec.europa.eu/budget/biblio/documents/regulations/regulations_en.cfm
    5
    2. SUMMARY OF CURRENT PROGRAMMES AND LESSONS LEARNED
    2.1. Summary of EU external action programmes
    Today, heading 4 covers EU external action with the exception of actions financed by the
    11th
    EDF and the Athena mechanism23
    which are not funded from the EU budget but
    from direct contributions from EU countries. A description of the programmes under
    heading 4 can be found in the annexes.
    The EU has an external action budget for 2014-2020 of EUR 96.5 billion24
    . The external
    action takes place in partner countries outside the EU but also protects citizens’ interests
    and safety. Through the instruments under heading 4, the EU plays an important role in
    the promotion of, amongst others: human rights, stabilisation, development, humanitarian
    aid, security, trade, as well as the fight against climate change and the protection of the
    environment (including through ocean governance).
    Table 2. Funding baseline
    Heading 4 instruments and EDF EUR millions
    (2014-2020)
    25
    –
    contributions
    28 Member
    States
    EUR millions
    (2021-2027)
    –
    contributions
    27 Member
    States26
    EUR millions
    2021-2027
    (per year) –
    contributions
    27 Member
    States
    Instrument for Pre-accession assistance (IPA II) 12.138,63 10.621 1.52
    European Neighbourhood Instrument (ENI) 16.496,26 14.434 2.06
    Development Cooperation Instrument (DCI) 19.947,59 17.454 2.49
    Partnership Instrument (PI) 958,53 838,71 119,9
    European Instrument for Democracy and Human
    Rights (EIDHR)
    1.306,56 1.143 0.16
    Instrument contributing to Stability and Peace (IcSP) 2.365,85 2.070 0.30
    Instrument for Nuclear Safety Cooperation (INSC) 325,321 284,656 40.67
    Greenland Decision (GD) 217,8 190,575 27,23
    Common Foreign and Security Policy (CFSP) 2.121,24 1.856 0.27
    Macro-financial Assistance (MFA) 294,843 257,988 36,86
    Guarantee Fund for External Actions 1.627,67 1.424 0.20
    Humanitarian aid 7.553,60 6.609 0.94
    Union Civil Protection Mechanism 122,827 107,474 15,35
    EU Aid Volunteers initiative (EUAV) 126,02 110,268 15,75
    European Fund for Sustainable Development (EFSD) 350 306,25 43,75
    11th European Development Fund, including the
    Overseas Countries and Territories Decision
    30.506,00 26.02 3.72
    Common Implementing Regulation (not a financing
    instrument but a Regulation for the implementation of
    some of the above instruments)
    N/A N/A N/A
    23
    See http://www.consilium.europa.eu/en/policies/athena/
    24
    Including the 11th
    EDF (EUR 30.5 billion)
    25
    Figures include all transfers between instruments up to July 2017 and the Mid Term Review of the MFF. Source:
    http://ec.europa.eu/budget/mff/figures/index_en.cfm
    26
    Following the UK’s withdrawal from the EU
    6
    The baseline shows the amounts designated to each instrument for the 2014-2020 period.
    Based on these amounts, the table also highlights how much would be allocated to each
    instrument if nothing were to change except for the United Kingdom’s withdrawal from
    the EU. The main consequences of the United Kingdom’s withdrawal on the EU’s
    external action would mean a 12.5% reduction for all instruments except the European
    Development Fund to which the United Kingdom contributes 14%.
    The EU is able to deploy a wide array of external instruments in support of conflict
    prevention and peace building, and is one of the biggest donors in this area. It is
    committed to assisting the most vulnerable people caught in natural or man-made
    disasters. The EU actively promotes and defends human rights when engaging in
    relations with non-EU countries in its external actions.
    To the east and south of the EU, in accordance with Article 8 of the Treaty on European
    Union27
    (TEU), the EU has developed a specific relationship with neighbouring
    countries, with the aim of establishing an area of prosperity and good neighbourliness,
    founded on EU values and characterised by close and peaceful relations. The EU aims to
    build effective partnerships with its neighbours in support of a more stable EU
    Neighbourhood, promoting democracy, good governance and human rights while
    opening trade and cooperating in policy areas, including on migration and visa issues.
    Through its enlargement policy, the EU also largely contributes to meeting the broader
    European objectives of ensuring stability, security and prosperity in the immediate
    neighbourhood of the EU. Through this policy, the EU supports beneficiaries in adopting
    and implementing the political, institutional, legal, administrative, social and economic
    reforms required to comply with EU values and to progressively align to EU rules,
    standards, policies and practices with a view to EU membership. The EU’s commitment
    to the enlargement policy was also confirmed by the recent Commission Communication
    putting forward a credible enlargement perspective for and enhanced EU engagement
    with the Western Balkans.
    Through its development cooperation policy, the EU contributes to reducing global
    poverty, ensuring sustainable economic, social and environmental development, and the
    promotion of democracy, the rule of law, good governance and the respect of human
    rights. Together, the EU and its Member States constitute the world’s largest
    development aid donor, providing more than 50% of assistance worldwide. EU
    institutions alone provide around 10% of total ODA.
    The EU and its Member States are also the world’s largest donor of humanitarian aid,
    assisting people affected by a wide range of crises including protracted conflict situations
    and forgotten crises. It provides emergency, life-saving, needs-based humanitarian
    assistance to people, particularly the most vulnerable, hit by man-made or natural
    disasters. The EU also coordinates European civil protection assistance during worldwide
    disasters.
    27
    See http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A12012M%2FTXT
    7
    The EU promotes its further interests on the world scene. It builds multilateral
    relationships to promote the development of collective responses to common challenges.
    It promotes access to partner country markets, boosting trade, investment and business
    opportunities. It also supports the external projection of its internal policies and works on
    enhancing widespread understanding and visibility of the EU especially by means of
    public diplomacy.
    2.2. Key findings from evaluations
    Relevance: the mid-term review report (December 2017)28
    of ten of the external
    financing instruments29
    , the ex-post evaluation reports on MFA and the mid-term review
    on the EIB external lending mandate30
    all concluded that the external action instruments
    were overall fit for purpose and positive trends were emerging in relation to the
    achievement of objectives.
    The mid-term review report has shown that whilst the enabling nature31
    of the current
    instruments means they cover most needs and goals of EU external action, in the future
    they would benefit from better reflecting a number of developments such as: the new
    policy framework including the universality of the 2030 Agenda, the migration/refugee
    crisis, and the external projection of internal policies. Also, more consideration needs to
    be given to the links between development and security and the overall level of ambition
    for peace and security in external action.
    28
    The mid-term review report COM(2017) 720 final, was based on ten staff working documents, one per instrument
    (see list below), which in turn were based on ten independent evaluations. The mid-term report, the staff working
    documents and the independent evaluations can be found at here: https://ec.europa.eu/europeaid/public-consultation-
    external-financing-instruments-european-union_en
    29
    The ten instruments were the: Development Cooperation Instrument (DCI); European Development Fund (EDF);
    European Neighbourhood Instrument (ENI); Instrument for Pre-Accession (IPA II); Instrument contributing to stability
    and Peace (IcSP); European Instrument for Democracy and Human Rights (EIDHR); Partnership Instrument (PI);
    Instrument for Nuclear Safety Cooperation (INSC); Greenland Decision (GD); Common Implementing Regulation
    (CIR).
    30
    ELM mid-term review can be found here: http://eur-lex.europa.eu/legal-
    content/EN/TXT/?uri=CELEX:52016DC0584
    31
    The instruments are enabling in the sense that they do not define the policies; they set the scope, objectives and
    procedures to allow for the implementation of the policies.
    8
    The principle of graduation32
    in certain instruments (i.e. the DCI) had intentionally left a
    gap in the EU’s ability to cooperate with upper middle income countries through bilateral
    cooperation. As situations in those countries may call for such support (e.g. the persistent
    presence of poverty or post-crisis situations), it was found that the EU should pursue
    cooperation with all countries including more advanced developing countries and
    strategic partners, in line with the universal coverage of the 2030 Agenda.
    The importance of promoting fundamental values and human rights is at the core of the
    instruments. However, findings point to the difficulties to promote and take this agenda
    forward in some countries, and to the shrinking space for civil society organisations in
    many countries as well. This makes it challenging to work on these issues and highlights
    a tension between promoting this agenda versus partners’ priority interests.
    In the current context of multiple crises and conflicts, the EU needs to be able to react
    swiftly to changing events. However, for certain instruments, responsiveness was
    hindered by a lack of financial flexibility. When new priorities emerged, problems were
    encountered when trying to reallocate funds within the instruments under the budget as
    large quantities had been tied up through long-term programmes33
    . As stated in the mid-
    term review report, flexibility needs to be built-up and the balance between long-term
    commitments and short-term actions should be reassessed.
    Coherence: There are many types of coherence needed across the external financing
    instruments including: coherence between one instrument’s component parts, coherence
    between different instruments and coherence with other donors. Overall, the mid-term
    review report notes mixed findings on coherence from past experience.
    In terms of coherence within the instruments, findings were satisfactory because efforts
    had been made to revise guidelines. There was some level of coherence between the
    instruments but the multiplicity of programmes sometimes led to overlapping actions and
    complex cooperation with more advanced developing countries. In addition, the
    separation between geographic and thematic approaches sometimes resulted in
    inconsistent responses at country level. Feedback from EU delegations showed they had
    difficulties to manage and exploit complementarities and create synergies between the
    instruments. Overall, it was considered that the EU was missing opportunities for
    coordinated strategies for a given country/region.
    In terms of coherence with Member States, findings note the potential for joint
    programming to be further strengthened. However, this would require more commitment
    in certain cases from partner country governments and Member States.
    Box 1. Examples of overlapping programmes
    The EFSD and ELM can both provide EU budget guarantees for similar objectives in the
    same regions. Also the geographic and thematic instruments/programmes such as the
    EDF and the thematic programmes under the DCI can cover the same areas in certain
    countries.
    32
    In the current context of EU cooperation, graduation means that upper middle income countries are no longer
    eligible for EU bilateral cooperation.
    33
    Instead, ad hoc methods had to be created such as EU trust funds.
    9
    Added value: the mid-term report shows that the EU provides added value through the
    external financing instruments compared with the actions of EU countries in a number of
    ways including:
    (a) The EU's competence or expertise in a given field;
    (b) The EU's position as a supranational entity, and the relative neutrality34
    , political
    influence and leverage this potentially entails;
    (c) The geographical spread of some instruments including the presence in fragile
    contexts where there are fewer development partners and less funds available,
    (d) The scope of the instruments and modalities (such as budget support, grants,
    indirect management, blending facilities and rapid decision-making for crisis
    response); and
    (e) The ability of the EU to lead on joint actions (i.e. joint programming and joint
    implementation), especially with Member States.
    Effectiveness: the mid-term review report points to positive trends emerging in relation
    to achieving results35
    . However, difficulties in measuring achievements were noted. For
    example: there was often limited information on monitoring systems mentioned in the
    instruments; there was a lack data (including on baselines) to measure if the instruments
    were on track to meet some of their (particularly high level) objectives; as well as an
    understanding that many external factors (e.g. partner country policies and other donors)
    influence the achievement of the objectives36
    .
    Box 2. Examples of results supported with EU cooperation37
    :
    - Public administration reform in Georgia
    - 90% reduction in poverty in Vietnam over the last decade
    - Stabilisation of Colombia after the peace agreement
    In terms of mainstreaming EU priorities, significant progress was noted in the areas of
    climate change and environment38
    . Mainstreaming human rights including gender
    equality and women’s empowerment was considered as work-in-progress, with partner
    governments sometimes showing a lack of interest or resistance to these areas.
    Efficiency: while overall organisational performance was found to be efficient, some
    actors considered that the implementation of some instruments was administratively
    burdensome. At times the Commission was perceived to be more focused on process
    rather than on policy objectives and results.
    Lessons learned from other donors: beyond these recent findings, there was an OECD
    DAC peer review of the EU’s development cooperation in 201239
    . The review came up
    with a set of recommendations with regard to the architecture, rules and procedures of the
    34
    The EU is largely perceived by partners as an actor not defending or advancing the interest of a particular country,
    which is important for the EU in its role as a peace and security actor and for election observation missions.
    35
    See annex 3 and box 2 for some examples.
    36
    See section 6 for more information on monitoring.
    37
    See recent annual reports including the 2016 Annual report on the implementation of the EU’s instruments for
    financing external action in 2015
    38
    11th EDF climate contributions increased from 3.3% in 2014 to 23.3% in 2016 and DCI climate change
    contributions increased from 17.7% in 2014 to 24.9% in 2016. Source: Indicator 12b, EU international cooperation and
    development results framework with input from the OECD DAC Creditor Reporting System.
    39
    See http://www.oecd.org/dac/peer-reviews/europeanunion2012dacpeerreviewmainfindingsandrecommendations.htm
    10
    EU's external financial instruments. For example, the OECD called on the EU to further
    simplify and modernise its cooperation, by reducing the number of budget lines, aligning
    rules of DCI and EDF, streamlining approval procedures and building more coherence
    between regional and thematic programmes. The EU was asked to become more
    effective, timely and flexible both at programme level and at aggregate level of the whole
    set of instrument architecture. The latter was particularly asked for in situations of
    fragility and crisis, in which the OECD saw significant room for improvement.
    Summary: The lessons show that the EU’s external programmes are largely relevant and
    functioning well in terms of the content it covers, instead the main issues relate to how
    the instruments are structured. A fragmented approach has led to a complex landscape of
    instruments with limited flexibility to respond to emerging challenges.
    Further information from studies, evaluations and consultation activities including on
    Humanitarian Aid, the External Lending Mandate40
    and Macro-Financial Assistance can
    be found in the annexes.
    2.3. Feedback from stakeholders
    When drafting the evaluation documents that fed into the mid-term review report, three
    types of consultations with stakeholders took place. Evaluators carried out around one
    thousand structured or semi-structured interviews with EU officials and representatives
    from EU institutions, Member States and partner countries. Several technical workshops
    to present and discuss the draft evaluations were held with participants from the
    European Parliament, Council working groups, Member States committees, and civil
    society organisations and local authorities. An open public consultation was held in early
    2017. It aimed at gathering feedback from stakeholders on the findings emerging from
    the evaluations of the instruments and on the future external action instruments after
    202041
    .
    The main messages emerging from the consulted stakeholders are summarised below.
    Further details are available in Annex 2.
    Flexibility: stakeholders agreed that the new financing instruments should be more
    flexible to respond to unforeseeable challenges and crises. In particular, they underlined
    the need to facilitate the shifting of funds across regions and among aid modalities.
    However, it was also underlined that increasing flexibility should not come at the cost of
    weakened predictability, country ownership and less focus on achieving long-term
    development objectives. To ensure flexibility and predictability some respondents argued
    in favour of having sufficient reserves.
    Coherence: stakeholders considered it necessary to ensure greater coherence between the
    internal and external policies of the EU, as well as between the external instruments
    themselves. Some emphasized the need to strengthen complementarity and synergy
    between geographical and thematic instruments. Others argued that the Sustainable
    Development Goals (SDGs) provides the most appropriate basis for increasing coherence
    between internal and external policies. Most recommended that the EU take a leading
    40
    In particular, the Commission has organised an ongoing assessment of the ELM in line with legislative requirements,
    the preliminary results of which can be found in the annex.
    41
    For more information on the public consultation see https://ec.europa.eu/europeaid/public-consultation-external-
    financing-instruments-european-union_en
    11
    role in improving complementarity between various stakeholders both inside and outside
    the EU.
    On the structuring of future instruments, stakeholders agreed that the combination of
    geographic and thematic instruments delivers positive results. They emphasized that the
    value of geographically structured instruments lies in their capacity to address the
    specific needs of partner countries in a tailored manner. This is crucial given the diversity
    of the challenges and needs across these countries.
    While being in favour of having both geographic and thematic programmes, stakeholders
    also drew attention to the need for more complementarity. Some respondents highlighted
    the risk of overlap whereby the same policy objectives are funded by multiple
    instruments. Respondents also called for a clear delineation between instruments, while
    underlining the need to ensure that geographic and thematic programmes exploit cross-
    sectoral synergies and linkages between themselves.
    Simplification: the EU was strongly encouraged to further simplify the overall
    architecture of the instruments. The EU should also continue its efforts to simplify
    cumbersome administrative and financial procedures. It was emphasised by civil society
    and local authorities that procedures and rules currently in place have important
    implications for the ability of civil society and local authorities to become more involved
    in development cooperation.
    Leverage: there was an agreement amongst stakeholders that innovative financing
    instruments can play an important role in leveraging public and private financing for EU
    external assistance. Positive findings on the leverage effects and financial additionality of
    such instruments emerging from the recent evaluation on blending42
    are considered
    encouraging. However, civil society respondents raised concerns about private sector
    priorities overriding poverty reduction objectives in partner countries.
    3. THE CHALLENGES AND OBJECTIVES
    3.1. Main challenges and new political priorities to be addressed by the new
    programme
    As set out under the context (section 1.1), global circumstances have evolved since the
    start of the current MFF in 2014.
    Security: the Global Strategy has spelled out fundamental external challenges that are
    likely to persist over the course of the coming decade and may dominate external action
    under the next MFF. These include terrorism and hybrid threats; economic volatility and
    extreme poverty in least developed countries and fragile states; and energy security. In
    many countries, decisive support in security and defence is essential for effective
    development, while at the same time development is crucial for sustained peace.
    Stability/resilience: over the next decade, Europe will continue to be surrounded by
    unstable regions in the neighbourhood and beyond. The move towards more resilient
    states and societies is both a major objective and a challenge.
    42
    See https://ec.europa.eu/europeaid/evaluation-blending_en
    12
    Migration: stability issues go hand in hand with continuous migratory pressures and
    challenges of forced displacement. For the coming years, Europe's relative economic
    affluence will be a strong pull factor for migrants, particularly from sub-Saharan Africa,
    a region experiencing constant growth in forcibly displaced people, triggered by various
    conflicts and protracted crises. The depletion of natural resources aggravated by climate
    change is becoming an additional factor of forced displacement and therefore migratory
    pressure.
    Strategic partners: New players such as China have enhanced their external outreach,
    and more countries have moved to upper middle-income status, with different
    cooperation needs and expectations. Consequently, there is a risk that unless new
    cooperation activities with such countries are put in place, the EU could lose part of its
    leverage to promote international values globally, while opportunities for building
    alliances are increasing, supported by other forms of cooperation.
    Human rights: there is a growing number of countries that do not share the universal
    values of open and democratic societies. Shrinking spaces for civil society and challenges
    to the universal acceptance of human rights may continue to increase.
    Environment and climate change: The impact of environmental degradation and
    climate change has already exposed large parts of the world’s population to natural
    disasters. In the future, climate change is expected to increase the frequency and
    magnitude of such natural disasters around the world. Addressing this challenge will
    require cooperation with major economies including those not currently eligible for EU
    bilateral cooperation.
    Information and communication technologies (ICT): ICTs are powerful enablers of
    inclusive growth and sustainable development. However, a lack of connectivity remains a
    major obstacle to development in many developing countries, notably in rural and remote
    areas, especially in Africa. Moreover, limited competition can often make digital
    technologies inaccessible and unaffordable for a large part of the population.
    Beyond these policy challenges, there are other challenges related to the way the external
    instruments operate.
    Simplification: with more than 15 instruments, many of which have the same legal base,
    heading 4 could be regarded as overly complex compared to other headings. For
    example, heading 243
    currently has six times the level of funds but less than half the
    number of instruments.
    The number of instruments has created obstacles in the use of funds across regions and
    themes due to each instrument’s different scope and rules. From the perspective of
    partner countries and implementing partners, the complicated legal framework has
    created a multiplication of procedures that need to be followed.
    Coherence: the previously mentioned evaluations have identified a number of challenges
    related to coherence and synergies, such as weaknesses in assuring coherence between
    geographic programmes and global (thematic) programmes.
    43
    Heading 2 concerns the preservation and management of natural resources. It includes the common agricultural
    policy, common fisheries policy, rural development and environmental measures.
    13
    In the past, the EU has tried to use ad hoc solutions to overcome fragmented approaches.
    For example, a pan-African programme44
    was created in 2014 to respond to continent-
    wide issues in Africa but in reality, it has added another layer of programmes for the
    African region on top of the EDF and the DCI thematic programmes. The creation of
    further ad hoc tools and instruments should be avoided in the future in favour of more
    integrated approaches.
    Several of the challenges mentioned above, including on migration and climate change,
    straddle the line between the EU’s internal and external policies. Looking ahead strong
    coordination between internal and external expenditures will be needed to ensure
    consistency.
    Flexibility, resources and leverage: the current volume of financing for external action
    has been stretched to the limits with all margins of flexibility exhausted. This is not only
    due to recently emerging challenges such as migration and security but also because of
    Member States' and citizens’ expectations that the EU can do more in external relations.
    Such pressures and demands on the external budget45
    illustrate the need to build in more
    flexibility into the budget so that the EU can mobilise its resources more swiftly in the
    face of evolving contexts.
    To deliver on the aid volumes needed to meet the SDGs by 2030 will be a significant
    challenge. Broad estimates of current flows of development finance and the estimated
    annual costs of meeting the goals point to a persistent gap in resources. The United
    Nations conference on trade and development estimates that meeting the SDGs will cost
    approximately USD 333 billion to USD 466 per year. At the same time, the most recent
    Organisation for Economic Cooperation and Development report shows that in 2016 total
    ODA reached a peak of USD 142.6 billion, less than half of the estimated needs46
    . This
    underlines the importance of ensuring increased resource mobilisation to meet
    development needs. In line with the European Consensus on development and the
    Reflection paper on the future of EU finances, the EU will also need to employ
    innovative financing mechanisms to leverage additional public and private funds.
    3.2. Objectives of the programmes of the next MFF
    In accordance with Articles 8 and 21 of the Treaty on European Union, the specific
    objectives of the broad instrument should cover those mentioned below:
    (a) To support and foster dialogue and cooperation with third countries and regions
    in the Neighbourhood, in Sub-Saharan Africa, in Asia and the Pacific, and in
    Americas and the Caribbean;
    (b) At global level, to consolidate and support democracy, rule of law and human
    rights, support civil society organisations, further stability and peace and address
    other global challenges including migration and mobility;
    44
    This programme is a component of the DCI.
    45
    Which are likely to be exacerbated by the United Kingdom’s withdrawal from the EU.
    46
    World Bank, Financing for Development post 2015.
    14
    (c) To respond rapidly to: situations of crisis, instability and conflict; resilience
    challenges and linking of humanitarian aid and development action; and foreign
    policy needs and priorities.
    In order to measure progress towards achieving these objectives, while at the same time
    responding to the lessons learned about the lack of monitoring information (e.g.
    indicators) at instrument level, indicators would be set, see section 6 for examples.
    4. PROGRAMME STRUCTURE AND PRIORITIES
    The following section sets out the proposal for the future external action heading
    focusing in particular on the changes in relation to the current set-up. The guiding
    principle is to preserve what works well while improving what hinders the EU’s
    effectiveness to deliver on its policies and priorities.
    4.1. Proposed changes to the EU’s external action
    Building on the lessons learned and stakeholder feedback that show that the instruments
    are largely relevant and delivering results, it is proposed that the content covered by the
    current instruments should largely continue. Instead, modifications and improvements
    should focus on how the instruments operate.
    In particular the main modification proposed is to streamline several instruments into one
    broad instrument. Included in the broad instrument would also be the EDF, which is
    currently outside the EU budget. It is therefore also proposed to integrate the EDF into
    the EU budget and by doing so, extend its flexibility features, to the extent possible, to all
    countries, including those currently covered by the DCI and the ENI. The flexibility
    features include its 20% reserve and multi-annuality in the form of carrying over unused
    funds and recommitments of uncommitted funds47
    .
    47
    The EDF is not subject to the annuality rules of the EU budget so funds can be used any year according to needs.
    Annuality refers to the EU budgetary principle whereby expenditure and revenue are programmed and authorised for a
    given year, starting on 1 January and ending on 31 December. Since this principle cannot be waved under the EU
    budget, a similar approach can be achieved with the broad instrument by allowing (i) uncommitted funds to be used the
    following year; and (ii) committed funds that have not been spent for a specific project/programme to be reused for
    another project/programme in subsequent years.
    15
    Chart 1. Current situation of heading 448
    Chart 2. Proposed external action heading49
    4.2. Structure of the broad instrument
    The broad instrument should regroup the current actions of certain instruments under
    three components: geographic, thematic and rapid response actions. Within the first two
    components, defined regions and thematic priorities should be set-out, including
    dedicated amounts. Prioritisation within the third component should be made in
    accordance with the need to respond rapidly to emerging crises, build resilience and in
    line with foreign policy objectives.
    48
    The percentages are based on current figures for programmes (budget execution until 2017, adopted budget until
    2018 and programming/planning for 2019-2020).
    49
    The percentages for the proposed, future external action heading redistributes the current figures for existing
    programmes under the new structure. They are for comparison purposes only and do not prejudge the final allocations.
    16
    Climate change, environmental protection and gender equality would be mainstreamed
    throughout50
    ..
    Beyond the three components the instrument should provide a substantial cushion for
    emerging challenges and priorities. This should allow for an appropriate response of the
    Union in the event of unforeseen circumstances; for addressing new needs or emerging
    challenges, such as those linked to crisis and post-crisis situations, migratory pressure at
    the EU’s or its neighbours’ borders; or for promoting new international initiatives or
    priorities.
    The broad instrument should also provide for budgetary guarantees for lending
    operations to promote investment and macro-economic stability in partner countries. This
    will provide the legal basis for the guarantees required for financial operations under the
    current EFSD, ELM and MFA. The use of financial instruments and budgetary
    guarantees as an aid modality should be promoted by creating a one-stop shop/platform
    for financial instruments/blending and budgetary guarantee operations. The overall
    management should remain with the Commission.
    While recognising that the European Investment Bank is a key partner of the
    Commission and a natural actor for implementing these types of operation, the decisions
    to use lending operations through the European Investment Bank (particularly sovereign
    lending), which are currently carried our through the ELM, should be taken during the
    programming process and reflected in the programming documents. As regards Macro-
    Financial Assistance, although the funds should be provisioned from the geographic
    envelopes of the broad instrument, the current decision making applied today (full
    legislative procedure for every case of assistance to a third country) could continue to be
    used.
    The EU and its Member States have collectively committed to spend 0.7% of their GNI
    as ODA51
    . The broad instrument, as well as all other external action instruments should
    contribute to this goal.
    The internal governance systems used today to decide how funding will be allocated to
    projects should continue and where possible be enhanced, notably when it comes to
    upstream work with all key Commission services and the European External Action
    Service. In the case of programming documents, Member States should continue to
    exercise control through committee procedures.
    The funds mobilised from the cushion for emerging challenges should also follow the
    standard Commission decision-making procedures.
    4.2.1. Geographic programmes
    The broad instrument should mainly be implemented through geographic programmes.
    The geographic programmes would comprise country or multi-country actions. The
    potential beneficiaries of the programmes are all third countries (i.e. non EU countries).
    50
    External action spending is an important contributor to the EU’s target to mainstream climate action and to ensure
    that at least 20% of the total EU budget be dedicated to climate action-related spending. The success of the
    mainstreaming approach has been highlighted in, for example, the MFF Mid-Term Review, see:
    http://ec.europa.eu/budget/mff/lib/COM-2016-603/SWD-2016-299_en.pdf
    51
    See http://www.oecd.org/dac/stats/officialdevelopmentassistancedefinitionandcoverage.htm
    17
    The only exception would be for candidate and potential candidate countries to avoid
    overlaps with the successor to IPA.
    This programme would succeed the current geographic programmes under the DCI, EDF,
    ENI and part of the INSC52
    and PI. In line with political orientations from the
    Commission53
    , it includes a prominent Neighbourhood window with a clear ring-fenced
    allocation. Furthermore, it will allow for conducting current thematic activities that are
    not global and pursuing EU economic and policy interests (including non-ODA classified
    actions) in all partner countries – including on the external dimension of internal policies.
    This would ensure more comprehensive programmes at country or regional level.
    The beneficiaries would be grouped into the following regions each with ear-marked
    amounts:
    - Neighbourhood
    - Sub-Saharan Africa
    - Asia and the Pacific
    - Americas and the Caribbean
    4.2.2. Thematic programmes
    A number of thematic actions currently financed by thematic programmes and taking
    place at country level will instead be covered under the geographic programmes. The
    remaining thematic actions should be complementary to the geographic actions and
    should address global and trans-regional initiatives supporting internationally agreed
    goals such as the Sustainable Development Goals or global public goods and challenges.
    The thematic actions would only be undertaken where there is no geographic programme
    (to ensure no overlaps), where there is no agreement on the action with the partner
    country concerned, or where the action cannot be adequately addressed by geographic
    programmes.
    The thematic component would merge the current thematic programmes under the DCI
    and the EIDHR (including election observation missions) and part of the PI.
    The potential beneficiaries would be all third countries and overseas countries and
    territories to ensure a global approach to common challenges. The thematic programmes
    will also cover actions that are political flagship initiatives. It should be linked to the
    universal agenda for the pursuit of the SDGs and the EU policy frameworks to
    implement them.
    In particular, actions under the thematic component should address actions linked to the
    pursuit of the Sustainable Development Goals at global level, in the following areas:
    (i) Human rights, democracy and Civil Society Organisations (including actions
    formerly covered by EIDHR and the CSOs part of the CSOs/Local Authorities
    programme).
    52
    Except for those activities that are covered by the Euratom Treaty.
    53
    See Commission’s communication on a new, modern MFF for an EU that delivers efficiently on its priorities post
    2020 (February 2018)
    18
    (ii) Stability and peace (currently covered by article 4 and 5 of the IcSP54
    ).
    (iii) Support to the preservation of global public goods (these programmes are
    currently covered by the global public goods and challenges programme and
    the Local Authorities part of the CSOs/LAs programme of the DCI, and some
    actions under the PI).
    4.2.3. Rapid response component
    Rapid response actions should be complementary to geographic and thematic
    programmes. They should be designed and implemented to enable their continuity under
    those programmes, wherever relevant.
    This component would be dedicated to crises of a political, security or economic nature.
    It would provide rapid response capacity for crisis management and conflict prevention,
    resilience building, including linking relief, rehabilitation and development, and short-
    term foreign policy action.
    The potential beneficiaries of the component are all third countries and overseas
    countries and territories.
    This component would need to retain, and build on, the current modalities for fast,
    flexible and responsive actions, with funds that are immediately available. The
    component would include actions which:
    (a) contribute to stability and conflict prevention in situations of urgency,
    emerging crisis, crisis and post-crisis;
    b) contribute to strengthening resilience of states, societies, communities and
    individuals and to link humanitarian and development action;
    c) address foreign policy needs and priorities.
    4.3. Justification for the changes
    Reduced administrative burden
    As noted by the Commission55
    and supported by feedback from partners, the current
    architecture of the external financing instruments is too complex. Streamlining a number
    of instruments into a broad instrument would provide an opportunity to rationalise their
    management and oversight systems therefore reducing the administrative burden for EU
    institutions and Member States. Having a simplified oversight system would allow the
    relevant institutions to have a better, more comprehensive view of EU external action.
    Instead of focusing on multiple programming processes, debates would be more focused
    on political objectives and engagement with external partners.
    Simplification does not mean there would be less scrutiny. The inter-institutional balance
    would be fully preserved. Rather, the budgetary and scrutiny powers of the European
    Parliament would be extended by the incorporation of the EDF into the budget.
    54
    Article 4 concerns peace-building partnerships. Article 5 concerns global and trans-regional threats and emerging
    threats.
    55
    In particular the Reflection paper on the future of EU finances (June 2017), and the Communication from the
    Commission to the European Parliament and to the Council (February 2018)
    19
    Fewer gaps and overlaps between instruments
    With lines between foreign and development policy, and between internal and external
    policies blurring, the challenges the EU is facing often cannot be contained within
    geographic and thematic boundaries. To respond to these challenges and support the
    implementation of universal goals such as the 2030 Agenda, a broad instrument would
    provide a more geographically and thematically comprehensive approach, facilitating the
    implementation of different policies in a trans-regional and multi-sectoral way. By
    merging several instruments, the EU would facilitate coherent responses, breaking down
    thematic and geographic silos and better enabling the exploitation of synergies.
    By ensuring thematic programmes will in principle only cover those actions that cannot
    be financed through the geographic component, or which need specific approaches (e.g.
    where approval by the counterpart cannot take place because of their global nature), the
    broad instrument would ensure a more systematic, integrated approach to its
    programming/planning. Overlaps between programmes would be eliminated, in
    particular where they might occur in relation to more advanced developing countries, and
    between the geographic and thematic programmes (i.e. the EDF geographic programmes
    and the DCI thematic programmes). Policy lines and operational needs would drive the
    programming rather than specific instrument (thematic/geographic)-based needs.
    At the same time, the broad instrument would also reduce the complex framework of
    interfaces between the EU’s external and internal policies. For example, on migration,
    while numerous instruments and ad hoc tools, such the creation of the EU emergency
    trust funds for Africa56
    have helped the EU support this issue, the broad instrument
    would go further by ensuring full geographic coverage of support.
    The EU would be able to engage with partners in a more coherent way. The 2030 Agenda
    is based on equal partnerships that transform our way of cooperation and applies to all
    countries. A broad instrument would allow the EU to remove artificial boundaries to
    ensure a right policy mix for different countries and regions. Along these lines, the issue
    raised in section 2.2. on differentiation, including graduation, should be reviewed so that
    cooperation with upper middle income countries can be pursued through bilateral
    cooperation. Further, cooperation with industrialised countries should also be covered
    under the instrument, to ensure a coherent approach, notably through regional
    cooperation and rapid response activities for foreign policy. These funds should be
    limited to ensure no inverse impact on ODA figures.
    Finally, cooperation and joint programming with Member States would be enhanced
    since coordination would only be needed with fewer EU instruments. It is worth noting
    that by creating the broad instrument the EU will be mirroring more closely the set-up of
    the Member States who do not regulate their external spending according to different
    geographic and thematic instruments.
    More reactive to evolving needs and priorities
    56
    Established by the Commission in 2015, this trust fund was created to address the root causes of instability, forced
    displacement and irregular migration and to contribute to better migration management. For more information:
    https://ec.europa.eu/europeaid/regions/africa/eu-emergency-trust-fund-africa_en
    20
    The broad instrument will provide an opportunity to enhance the responsiveness and
    flexibility of EU actions.
    By reserving a substantial amount of un-allocated funds, the emerging challenges and
    priorities cushion, building on the successful experience of the EDF57
    would provide
    more flexibility to shift funds more easily. These funds would be used according to needs
    for unforeseen events, new initiatives/priorities or to respond to migratory pressures at
    the EU’s or its neighbours’ borders. Such a precaution would allow for top-ups to the
    different regions/themes covered under the broad instrument, helping to ease the
    pressures on the external action budget as unforeseen events and new priorities emerge.
    The balance between flexibility and predictability should be ensured as the cushion for
    emerging challenges will exist alongside dedicated amounts per region.
    In today’s fast-changing world, the transfer of budgetary flexibilities to the broad
    instrument would allow the EU to better cope with unpredictable events. Under the broad
    instrument, EDF practices such as making sure non-committed funds and funds that have
    not been spent for a project/programme would still be available in subsequent years,
    would make the instrument more flexible. More funds will become available for new
    projects.
    Furthermore, based on current experience there is a sound justification for having a
    dedicated flexible component to cover a full range of security, humanitarian-development
    nexus, and political, economic and other issues where a rapid EU response is necessary.
    While lessons learned have shown the EU needs to be more agile in mobilising its funds,
    feedback from stakeholders has also shown the importance of balancing flexibility with
    predictable levels of funding. Such predictability is currently provided through certain
    partner-driven, long-term instruments (i.e. the DCI, EDF and ENI), which together
    account for approximately 70% of heading 4. The broad instrument should continue to
    provide a similar proportion of predictable funding through its geographic programmes.
    More focus on performance
    Concerning performance, in parallel to the broad instrument, a new IT platform will be
    created that will facilitate the encoding of results data at project level. This would help
    increase the availability of results data for monitoring, reporting and evaluation purposes.
    For further information on performance, see section 6.
    4.4. Which instruments should be replaced by the broad instrument?
    With more than 15 external relations instruments currently under heading 4, not all can
    justifiably be replaced by the broad instrument. What follows is an analysis (advantages
    and disadvantages) of the instruments that are proposed to be replaced, mainly due to
    their common legal bases or similar objectives.
    European Development Fund
    Advantages of integrating the EDF into the broad instrument and therefore the EU
    budget: As the 11th EDF is the largest external instrument with a volume of EUR 30.506
    billion, a broad instrument will be more meaningful if such a significant programme can
    57
    As a comparison, the EDF’s un-allocated envelope is currently 20% whereas for the DCI, it is 6% of the geographic
    programme.
    21
    be part of it. The possibilities of harvesting its previously mentioned flexibility features
    are much higher by bringing EDF on-budget into the broad instrument.
    The level of democratic scrutiny by the European Parliament will be enhanced with the
    EDF on-budget. Unlike the current arrangements, the same Parliamentary procedures
    would apply across all development cooperation. This would help strengthen the public
    legitimacy and political visibility of the EU's external assistance as a whole.
    At the same time, the criticism that some EDF funding is being used to finance military
    expenditures as part of a “development instrument” will cease to be an issue.
    Expenditures related to military actions, which cannot be financed by the EU budget due
    to Treaty limitations, could be taken up under a new off-budget security fund (see further
    information on the security fund later in this section).
    EU external action would become more coherent. Artificial interfaces across instruments,
    in particular with regard to geographical, partner-oriented programming would be
    reduced. There would be increased transparency in the EU budget, covering all external
    action expenditure (except military related expenditure), therefore providing a better
    global picture. The merge into a broad instrument would also provide an opportunity to
    review the EDF's specific implementation procedures (e.g. the obligation to have a
    national authorising officer). There would also be no need for a separate EDF key58
    - the
    contributions from Member States would be those made (in percentage terms) to the EU
    budget, as for any other programme. It should be noted that several efforts have already
    been made to align the two percentages so that now there is little difference between
    them.
    Disadvantages of integrating into the broad instrument: The political and financial
    implications of bringing the EDF on-budget include that the EU would lose its visible
    and symbolic financial basis for cooperation with African, Caribbean and Pacific
    countries. Implications for ACP partners include that they may see their relations with
    the EU as being downgraded as certain procedures would change. There could also be a
    risk that the broad instrument would receive less funding than the sum of the EDF and
    the other external action instruments combined.
    The EDF’s flexibility features may be lost if it is integrated into the EU budget and
    military related expenditure currently funded by the EDF’s African Peace Facility (AFP)
    could stop being funded for legal reasons.
    Conclusion: The advantages of integrating the EDF in the EU budget outweigh the
    disadvantages as long as partners can be reassured on the implications and certain
    preconditions can be met. The additionality of the EDF full amount for external relations
    must be ensured. Existing EDF flexibilities (e.g. large reserve and multi-annuality)
    should be imported as far as is possible within the annuality of the EU budget. Activities
    currently financed by the APF should continue through an off-budget mechanism.
    Development Cooperation Instrument
    Advantages of integrating into the broad instrument: There would be a reduction in the
    artificial interfaces between the DCI and the other external action instruments – in
    particular regarding the instruments that provide geographical, partner-oriented
    58
    The EDF key sets out the contributions (in percentage terms) the Member States have to contribute.
    22
    programming. For example, the Latin America and Caribbean region would be covered
    by one instrument instead of both the current combination of DCI and EDF. Global
    issues such as climate change would be better addressed in a coherent manner across all
    partner countries. Currently they are split between DCI geographic and thematic
    programmes, the EDF and the PI. Links between development, security, and migration,
    which are currently split across several instruments can be better ensured.
    Disadvantages of integrating into the broad instrument: There could be the perception of
    diluting the importance of development policy within a broader external action
    framework.
    Conclusion: The advantages of integrating the DCI outweigh the disadvantages as long
    as the DACability59
    objective for a proportion of the fund and communication efforts are
    made to explain that placing the DCI in a broad instrument does not represent a “down-
    grading” in EU priorities.
    European Neighbourhood Instrument
    Advantages of integrating into the broad instrument: During the current MFF, the ENI
    has been one of the most stretched instruments in terms of funding due to multiple crises
    in its regions. A major advantage of being part of the broad instrument would be that the
    Neighbourhood would have access to the emerging challenges and priorities cushion in
    addition to ring fenced amounts. 98% of ENI actions are reported as ODA. As the
    pressure to continue actions that can be reported as ODA increases, merging within a
    broad instrument may provide scope for more flexibility in defining the actions to be
    financed. It would allow for easier cooperation between ENI, African and Asian
    neighbouring countries on issues such as migration and energy.
    Disadvantages of integrating into the broad instrument: A dedicated instrument for the
    Neighbourhood gives this policy a visible financial basis. Partner countries may be
    hesitant about the cooperation being merged into a broad instrument. This may create a
    negative political signal that will need to be addressed through appropriate
    communication.
    Conclusion: The advantages of integrating the ENI outweigh the disadvantages as long as
    a prominent ring-fenced window for the Neighbourhood is kept and communication
    efforts are made to explain that (i) a merge does not represent a “down-grading” in EU
    priorities and (ii) the existence of distinct policies and strategies will be maintained
    ensuring political visibility. The same should apply to specific approaches and tools such
    as the more for more mechanism60
    .
    Instrument contributing to Stability and Peace
    Advantages of integrating into the broad instrument: Including short-term crisis
    response, conflict prevention and CBSD actions under the IcSP within the broad
    instrument would reinforce further coherence and complementarity with other
    instruments, providing an enhanced coordination of activities at country level. Likewise,
    the coordination of the medium and long-term activities under the IcSP with the long-
    59
    Meaning actions have the main objective of being administered with the promotion of the economic development
    and welfare of developing countries or are concessional in character, conveying a grant element of at least 25%
    60
    The 'more for more' mechanism ensures additional reform efforts by Neighbourhood countries are rewarded with
    additional financial and other support.
    23
    term/programmed activities from other instruments could be further reinforced. Links
    between security and development would also be enhanced.
    Disadvantages of integrating into the broad instrument: There is a risk of a loss of
    flexibility and distinctive modalities for crisis response and conflict prevention, reducing
    the EU's role and reputation in helping partners in crises and conflicts.
    Conclusion: As the disadvantages can be mitigated by ensuring that the IcSP’s specific
    focus and the existing flexibilities are maintained within a broad instrument, it is
    proposed to merge the instrument into the broad instrument.
    European Instrument for Democracy and Human Rights
    Advantages of integrating into the broad instrument: While it has limited funds
    compared to other external financing instruments, the EIDHR is at the core of the EU's
    values. As democracy and human rights are being put under greater stress, additional
    funding may be needed. As part of the broad instrument, democracy and human rights
    actions potentially have greater access to un-allocated funds. Boundaries with other
    instruments would be reduced and more integrated programming approaches and
    coherence with country actions would be possible.
    Disadvantages of integrating into the broad instrument: It could be perceived by some
    actors that putting the EIDHR in the broad instrument reduces the visibility of its actions.
    Conclusion: Overall, by ensuring financial visibility of democracy and human rights
    through ring-fencing inside the thematic programme together with the fast disbursing
    mechanism, the advantages of integrating the EIDHR inside the broad instrument
    outweigh the disadvantages.
    Partnership Instrument
    Advantages of integrating into the broad instrument: The PI’s integration into a broad
    instrument would help confirm that the promotion of political and policy issues in the EU
    and mutual interest, including external projection of EU internal policies, with no ODA
    requirements, is recognised as an integral part of a broad EU external action.
    Complementarity with other instruments would be enhanced, strengthening integrated
    approaches and coherence. For example, regional initiatives could be tackled in a more
    consistent and harmonised way regardless of the different levels of development amongst
    the countries.
    Disadvantages of integrating into the broad instrument: The integration into a broad
    instrument might weaken the flexible and fast reaction approaches of the PI which allow
    it to respond to emerging needs and priorities of the EU, or to seize political windows of
    opportunity which depend on the political cycle in partner countries or on the dynamics
    of bilateral relations or inter-regional/ multilateral dialogues.
    Conclusion: Overall, the integration of the PI’s activities into a broad instrument presents
    a potential for coherence and synergies with other types of external action. The potential
    risks mentioned above can be mitigated by appropriate measures such as preserving PI
    approaches and visibility, in order for the advantages of integrating the PI inside the
    broad instrument to outweigh the disadvantages.
    Macro Financial Assistance
    24
    Advantages of being into the broad instrument: The inclusion of MFA under the
    budgetary guarantee component of the broad instrument would ensure that the required
    provisioning arrangements for the guarantee of MFA lending operations would be in line
    with the provisions under the new financial regulation. Furthermore, it would allow for a
    more efficient management of guarantee resources pooled in the Common Provisioning
    Fund.
    Disadvantages of being into the broad instrument: Not having a specific legal base, but
    being based directly on the Treaty, MFA will continue to be governed by the ordinary
    legislative procedure, which requires the approval of the European Parliament and of the
    Council for each specific operation. This legislative and decision making process is
    different from the one envisaged for the broad instrument. This lack of alignment of
    procedures would therefore be against the objectives of streamlining and simplification in
    the broad instrument. Changing the current legal setup to enter into a single regulation
    would require intensive consultations with the co-legislators.
    Conclusion: It is more effective to keep MFA separate from the broad instrument due to
    its different legislative and decision making processes. MFA grants will continue to be
    treated under a separate budget line. However, including the provisioning arrangements
    for MFA in the budgetary guarantee component of the broad instrument, should help
    safeguard the important leverage capabilities of the MFA and allow for a more efficient
    management of provisioning resources.
    European Fund for Sustainable Development
    Advantages of being into the broad instrument: Integrating into the broad instrument
    would simplify the legal framework and efficiency of processes and operations. It would
    improve visibility delivered by the current fragmented instruments and facilitating better
    communication of impact and results. There would be a stronger policy alignment and
    complementarity of actions.
    Disadvantages of being into the broad instrument: It would be difficult to regulate
    distinct governance models within the same basic act. In the case of EFSD, governance
    bodies include the Member States and the European Parliament as an observer, which is
    not always the case for other financial instruments. Some confusion may be created
    because the broad instrument would concern investment structures beyond its coverage
    (e.g. pre-accession).
    Conclusion: The disadvantages of having the EFSD in the broad instrument can be
    overcome by ensuring the complexities of having an investment structure serving
    programmes beyond the broad instrument can be avoided by making cross-references in
    the relevant legal bases.
    External Lending Mandate
    Advantages of being in the broad instrument: The objectives of the ELM would be
    defined alongside and coherently with those of other instruments, in particular other
    budgetary guarantee instruments such as the EFSD in order to ensure maximum
    coherence and added-value of the EU's budgetary guarantees. This would avoid the
    current situation whereby two guarantee instruments exist (EFSD and ELM) which could
    theoretically support the same kinds of projects, one exclusively for the EIB and the other
    open to a range of international financial institutions. Positive experience with climate
    25
    finance under the ELM could be imported into the new instrument, and the application of
    common standards (do no harm/Paris Agreement compatibility) would be harmonised.
    Disadvantages of being in the broad instrument: The challenge will be to account for the
    governance specificities of the ELM while ensuring close policy alignment of the EIB's
    activities under the EU guarantee with EU objectives as well as complementarity with the
    EFSD.
    Conclusion: In order to unlock the value-added of including the ELM in the broad
    instrument while avoiding the disadvantages, it should incorporate certain features of the
    EFSD such as a governance structure which allows for more granular policy alignment of
    EIB projects (in the way of the EFSD Strategic Board or the European Fund for Strategic
    Investments61
    investment committee). The objectives of the ELM should be defined in
    such a way as to clarify the complementarity between the EFSD windows and the ELM.
    For more detailed information see the annex on ELM.
    Common Implementing Regulation
    Advantages of integrating into the broad instrument: There will be enhanced clarity on
    the principles and policy framework that will apply during the implementation of the
    broad instrument. There will also be opportunities to further harmonise existing
    implementing articles that are currently included in the individual instruments but not in
    the CIR.
    Disadvantages of integrating into the broad instrument: Current specificities included in
    the CIR, such as support to people with disabilities could risk being diluted in a broader
    framework.
    Conclusion: As long as efforts are made to ensure the specific concerns in the current
    CIR are given attention in the broad instrument, the advantages of merging the CIR
    would outweigh the disadvantages.
    Programmes that should not be replaced under the broad instrument
    The following text justifies why the remaining heading 4 instruments should not be
    merged into the broad instrument, mainly due to their specific legal bases or objectives.
    Further information on these programmes can be found in the annexes.
    Humanitarian Aid
    The delivery of humanitarian aid is guided by the principles of humanity, neutrality,
    impartiality and independence. Humanitarian aid is provided solely on the basis of the
    needs of affected populations, regardless of any political, military or other objective. This
    is fundamental in order to secure access for humanitarian actors to all people in need
    while ensuring their own security in the field. A separate instrument for humanitarian aid
    is a safeguard which helps preserve the humanitarian principles and avoid confusion or
    blurred lines among different EU policies, political (or other) objectives and actors
    present in crises.
    61
    The European Fund for Strategic Investments is an initiative to help overcome the current investment gap in the EU.
    Jointly launched by the EIB and the European Commission, it aims to mobilise private investment in projects which
    are strategically important for the EU.
    26
    The consequence of the principle of impartiality is the EU's commitment to a needs-
    based approach to humanitarian aid, to reach the most vulnerable, answer the most urgent
    needs and fulfil the humanitarian imperative. It should therefore be translated into a
    needs-based allocation of funding, which is better guaranteed with a clear separation
    between the source of humanitarian aid funding and other funding instruments, which
    may have legitimate political objectives, as is currently the case.
    Humanitarian aid does not function like other instruments: it is governed by the
    emergency contexts and tight timeframes in which it must be delivered. The
    Humanitarian aid regulation and a specific budget line have made the humanitarian aid
    instrument more flexible in terms of programming than many others, in order to react to
    changing circumstances in crises and sudden onset crises. This has allowed the EU to be
    in the frontline of response to many of the most acute crises. A specific instrument
    therefore best matches the important operational necessity of reaching people before it is
    too late.
    Complementarity with the broad instrument will be ensured through actions that link
    development and humanitarian assistance (Linking Relief, Rehabilitation and
    Development, LRRD), e.g. in the context of the operationalisation of the humanitarian-
    development nexus and the resilience agenda.
    Union Civil Protection Mechanism
    The Union Civil Protection Mechanism (UCPM) has a specific mandate for prevention,
    preparedness and response to disasters both inside and outside Europe62
    . The nature of
    the instrument is very specific and distinct from other external instruments insofar as it
    ensures the coordination of in-kind assistance provided by the participating states.
    Moreover, the external dimension of the UCPM is closely linked to humanitarian
    assistance provided by the EU. The UCPM has played an essential role in providing
    rapid assistance in the aftermath of natural disasters in many occasions (e.g. Nepal, Haiti,
    Peru, and Bangladesh), complementing the relief assistance provided by humanitarian
    aid. The close cooperation between the two instruments should be reinforced. With this
    in mind, the proposed reform of the UCPM tabled by the Commission in November 2017
    tries to deepen this cooperation by facilitating the combined use of these instruments
    when responding to a disaster outside the EU. Integrating the UCPM (or its external
    component) into the broad instrument could undermine the capacity of the EU to provide
    disaster relief to third countries using the most effective combination of assistance
    according to context.
    The UCPM has close connections with other external instruments, namely IPA and the
    ENI. The cooperation between the UCPM and the ENI relates to prevention and
    preparedness programmes carried out in ENP countries, both in the South and the East.
    In addition to these programmes, the ENI also offers funding to neighbourhood countries
    from national allocations to cover prevention and preparedness activities (twinning
    programmes or technical assistance programmes).
    Instrument for Pre-Accession Assistance (IPA)
    62
    It therefore straddles internal and external headings.
    27
    IPA pursues objectives that are completely distinct from the remaining external action
    instruments as it aims to prepare countries to become EU Member States by supporting
    their accession process. The different nature of its objectives therefore argues in favour
    of it remaining separate.
    According to the IPA II mid-term review, the instrument is relevant and fit for purpose,
    in line with EU priorities and beneficiary needs and has demonstrated a high degree of
    flexibility. Only minimal changes would be necessary to clearly position it in the context
    of the new Western Balkans Strategy, and reflect the developments in the relations with
    Turkey. At the same time, more efforts should be put in place to ensure coherence and
    synergies with the broad instrument, in particular with respect to the thematic and non-
    programmable component. The complementarity of the instrument with other external
    financing instruments, notably EIDHR and IcSP has previously been good but
    coordination during both the planning and programming phase has not been sufficient.
    Close alignment between the programming cycles of IPA and the programmable parts of
    the broad instrument would facilitate complementarity.
    EU Aid Volunteers scheme
    The EU Aid Volunteers (EUAV) objectives are different to the broad instrument. The
    aim will be to enhance the engagement of young people and organisations in activities
    that will strengthen cohesion and solidarity in Europe and abroad. Instead it should be
    integrated into the European Solidarity Corps therefore extending its geographical scope.
    Both programmes are partially overlapping with a common overarching objective of
    involving young people and organisations in high quality solidarity activities. Integrating
    the activities of the EUAV within the European Solidarity Corps would provide clarity
    through a single entry point for different EU volunteering opportunities inside and
    outside the EU. Moreover, the integration of the two initiatives would present a good
    opportunity to simplify the procedures in line with the findings from the interim
    evaluation of the EUAV (2017).
    Support to the Turkish Cypriot community
    This programme has its own legal basis63
    and is based on article 352 TFEU (Council
    unanimity and European Parliament consent) whereas other EU external instruments are
    based on articles 209 and 212 TFEU. In addition, its duration is not linked to the MFF
    and it has no end date. Due to its unique nature and specific coverage, there is little scope
    for synergies with other instruments and the programme.
    Common Foreign and Security Policy (CFSP)
    The CFSP has its own legal base. Moreover, it is functionally different from the other
    instruments with the main focus being security. Actions funded under the CFSP are
    closely coordinated with other external instruments projects and programmes. The
    conceptual design and conduct of specific CSDP mandates is subject to dialogue and
    analysis involving the EEAS, the Commission (the Service for Foreign Policy
    Instruments) and the Council through PSC and the relevant working groups, which
    ensures strong coordination and synergy with other Union's programmes.
    Greenland and OCTs
    63
    Council Regulation (EC) 389/2006
    28
    The OCTs and the Greenland Decisions should not be integrated in a broad instrument or
    to any other co-decided instrument due to their specific procedures of adoption: Council
    decision following consultation of the European Parliament. However, in order to
    streamline the number of programmes, they should be regrouped under one decision,
    which would include a ring-fenced envelope for Greenland.
    The Greenland and OCTs programme will be connected to the broad instrument through
    the latter’s thematic component. A number of OCT priorities include global challenges
    such as environment and climate change.
    Instrument for Nuclear Safety and Cooperation
    Nuclear safety is an important part of the EU external action and should continue to be
    part of a broad instrument. Nevertheless some nuclear activities are the competence of
    the Euratom Treaty, and the INSC has its own legal basis (Article 203 of the Euratom
    Treaty64
    ) which is not compatible with the ordinary legislative procedure.
    Analysis of the legal base has shown that if the INSC was merged into a broad
    instrument it would not be possible to continue the actions of the INSC to their full
    effect. As the INSC cannot be totally integrated into a broad instrument a separate
    instrument should be kept based on the Euratom legal base in order to pursue the current
    objectives of the INSC, complementing the broad instrument. Therefore actions carried
    out under this new instrument should be consistent with those of the broad instrument.
    Emergency Aid Reserve
    An enlarged emergency aid reserve would replace the current emergency aid reserve. It
    would cover crisis both inside and outside the EU.
    The current emergency aid reserve is a budget tool outside the normal allocation in the
    EU budget. It is intended to allow for a rapid response to specific aid requirements of
    third countries following events "which could not be foreseen when the budget was
    established, first and foremost for humanitarian operations, but also for civil crisis
    management and protection, and situations of particular pressure resulting from
    migratory flows at the Union's external borders where circumstances so require" (MFF
    Regulation 2014-2020).
    It would be essential that a significant amount of the emergency and crisis response
    reserve is earmarked for external actions, in particular for humanitarian and emergency
    operations.
    European Peace Facility
    This would be a new proposal that would be financed outside the EU budget and
    therefore outside the broad instrument. In this facility, all existing military and security-
    related funding actions, that cannot be on-budget according to Article 41(2) TEU would
    be merged (i.e. APF that currently sits under the EDF, and other crisis management
    components, namely the Athena Mechanism). This off-budget facility would address the
    criticism that development funds are being misappropriated for security-related actions,
    64
    See https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A12012A%2FTXT
    29
    while at the same time acknowledging the needs for funding military and security-related
    actions in/by partner countries, including Africa and beyond. This off-budget fund would
    have the following features:
    1. Largely non-ODA actions in the military/security sector;
    2. Greatly simplifies current arrangements and increases coherence and flexibility of
    those instruments covered;
    3. Consistency between this facility and the non-programmable component and
    other security-related actions of the broad instrument.
    Security related expenditures that can already be funded under the budget should
    continue being implemented through the existing modalities in post-2020 situation. The
    fund should be governed by the principles of coherence and complementarity, ensuring
    full consistency and synergy with relevant external action instruments and measures
    under the EU budget, in particular the Common Foreign and Security Policy. The High
    Representative, the Council and the Commission will ensure that during each step of
    implementation, coordination and synergies between EPF funded actions and measures
    and other actions funded by the Union’s budget, is systematically sought to ensure
    relevance and complementarity in order to increase effectiveness and impact
    4.5. Prioritisation
    Prioritisation of actions should be based on the policy framework and on the objectives
    of the broad instrument. During the planning/programming stage of the project cycle,
    allocation methods are used to determine envelopes for the partner countries. Currently,
    there are diverse methods to define financial allocations across the EU instruments,
    ranging from quantitative methodologies to pure qualitative indicators.
    For the EDF and DCI, the EEAS and the Commission services have developed a
    transparent methodology based on a quantitative model that uses a limited number of
    internationally agreed indicators, and foresees and adjustment based on the country
    situation and particularly evolutions in the political/security situation and the absorption
    capacity (demonstrated by past cooperation with the EU).
    The DCI, the Cotonou Agreement65
    and the regulation implementing the 11th
    EDF66
    specify that EU should allocate resources according to country needs, capacities,
    commitments, performance and potential EU impact; and that the EU must seek to target
    resources where needed the most to address poverty reduction, and where they can have
    the greatest impact, including in fragile countries.
    Where necessary and appropriate, the allocation methodology allows for adjustments on
    the basis of a qualitative assessment, reflecting elements such as commitments,
    performance, impact, inequality recent evolution in country political/security situation
    and its demonstrated absorption capacity. Subsequently the allocations are set in the
    multiannual programming/planning documents for each partner country/region.
    For the Neighbourhood countries, Association Agendas, Partnership Priorities and other
    equivalent jointly agreed documents are key points of reference for setting the priorities
    65
    See https://ec.europa.eu/europeaid/regions/african-caribbean-and-pacific-acp-region/cotonou-agreement_en
    66
    See http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2015.058.01.0001.01.ENG
    30
    for Union support to neighbourhood countries. Subsequently, the objectives and priorities
    together with indicative allocations are set in relevant multiannual programming
    documents. The ENI regulation specifies that support to countries shall take into account
    needs; commitment to and progress in implementing mutually agreed political, economic
    and social reform objectives; commitment to and progress in building deep and
    sustainable democracy; partnership with the EU, including the level of ambition for that
    partnership and absorption capacity and the potential impact of EU support. The EU's
    specific relationship with neighbourhood countries will also be reflected through the
    criteria governing the allocation of funds.
    For the EIDHR, the indicative overall financial allocations and allocations per priority
    area are made on the basis of strategies papers.
    For the IcSP, financing of actions takes into account the particular difficulties of the
    partner countries or regions concerned.
    For the PI, the methodology is not based on binding allocations but reflects the global
    scope and coverage of PI objectives.
    For the INSC, the geographical scope extends to all third countries, with a priority given
    to accession and neighbouring countries.
    5. DELIVERY MECHANISMS OF THE INTENDED FUNDING
    The specific, diverse and rapidly changing context of EU external action requires the use
    of all the existing implementation modalities and delivery instruments currently used by
    the external financing instruments in order to pursue the policy objectives and
    operational priorities described early in this document. The existing choice of tools
    should be preserved both at the level of implementation and delivery method. In
    choosing the appropriate implementation modality and delivery method the EU will take
    into consideration the principles of subsidiarity and proportionality. Efforts will also be
    put in place to enhance leverage of public and private funds through the use of innovative
    financing as detailed below.
    5.1. Implementation modalities
    The EU should continue relying on a variety of partners such as international
    organisations, Member States agencies and organisations, civil society organisations,
    national, regional and local authorities, international and development financial
    institutions in situations where they have a clear added-value, building on the experience
    achieved and the lessons learned. The new implementation framework should balance
    flexibility with predictability, so key partners can justify the continuous investment into
    competences and resources, which ultimately enable the smooth running of planned
    operations and the ability to react in crisis operations. In the context of external action,
    the EU can employ direct, indirect or shared management modes.
    In direct management, the EU (including when it acts through the EU Delegation or an
    executive agency of the EU) contracts directly with the final recipient. This management
    mode can be used to finance, among others, budget support operations, grants to civil
    society organisations and contracts assigned through procurement procedures for
    provision of services, works and goods. Erasmus+ also employs the direct management
    mode.
    31
    In indirect management, EU funds are contracted through intermediaries (called
    entrusted entities). The entrusted entity is only allowed to channel EU funds to final
    recipients by way of grants, public procurement or financial instruments. The entrusted
    entity either uses the EU's rules or follows its own rules if they were considered to be
    equivalent in the ex-ante check known as a pillar assessment. Indirect management can
    be used with the following entrusted entities to serve specific purposes as follows:
    (a) With a partner country or an entity designated by it to strengthen ownership and
    alignment with national procedures in line with aid effectiveness principles. This
    is often used in the context of the Instrument for Pre-Accession;
    (b) With an agency of a Member States or an EFTA country (Iceland, Liechtenstein,
    Norway, Switzerland) or, exceptionally, of a third donor country to reinforce
    donor coordination and harmonisation;
    (c) With an international organisation to make the best use of the comparative
    advantage of dedicated international organisations, foster long-term collaboration
    with key international partners and increase donor coordination and
    harmonisation;
    (d) The European Investment Bank which lends and provide guarantees and
    financial instruments in support of EU policies, often in conjunction with other
    forms of EU support (blending, ELM guarantee, ACP Investment Facility, etc;
    (e) An EU specialised (traditional/regulatory, hence not executive) agency.
    Member States
    5.2. Delivery methods
    In accordance with the new European Consensus on Development, to reflect the
    framework set out in the 2030 Agenda and the Addis Ababa Agenda for Action67
    , the EU
    and its Member States must adapt their approach to mobilise and make effective use of
    all means of implementation, including through innovative financing mechanisms. This
    requires a renewed focus on establishing an enabling and conducive policy environment
    at all levels. This includes mobilising and making effective use of domestic and
    international public finance, mobilising the domestic and international private sector,
    strengthening the capacity of partner countries to deliver change, stimulating trade and
    investment, fostering science, technology and innovation, as well as addressing the
    challenges and harnessing the positive effects of migration.
    In this context, the EU will continue to make use of the full range of existing delivery
    methods available such as grants, procurement contracts, programme estimates, budget
    support, trust funds, Technical Assistance and Information Exchange (TAIEX)68
    and
    twinning69
    , guarantees, loans and other financial instruments. At the same time the EU
    will seek to extend its toolbox to broaden the use of innovative financing mechanisms
    including through the use of policy based lending. The choice of the most appropriate
    delivery method will be policy driven and it will be guided by considerations concerning
    67
    For more information: http://www.oecd.org/dac/effectiveness/parisdeclarationandaccraagendaforaction.htm
    68
    TAIEX supports public administrations with regard to the approximation, application and enforcement of EU
    legislation as well as facilitating the sharing of EU best practices. It is largely needs driven.
    69
    Twinning is a tool used for institutional cooperation between the public administrations of Member States and
    partner countries. Twinning projects bring together public sector expertise from Member States and beneficiary
    countries with the aim of achieving concrete mandatory operational results through peer-to-peer activities.
    32
    sound financial management, effectiveness, efficiency, flexibility, leverage,
    simplification, added value and focus on impact and results.
    For example, budget support has demonstrated its effectiveness in fostering policy
    dialogue, ensuring ownership, supporting key reforms and delivery of results in external
    action. Grants have proven essential to support civil society and private organisations as
    well as local authorities in delivering public services. Similarly, procurement contracts
    have favoured involvement of the private sector. TAIEX and twinning have granted the
    provision of specific expertise for public administration reforms. Finally, trust funds have
    ensured flexibility, responsiveness, visibility, leveraging and targeted approach towards
    achievement of policy objectives.
    At the same time, the EU will continue to use budgetary guarantees and financial
    instruments (based on the recently created External Investment Plan and the European
    Fund for Sustainable Development as well as a refocused ELM). With these tools, the
    EU will support the mobilisation of investments and leveraging of public and private
    funds worldwide. The EU should also continue to guarantee lending by international
    financing institutions and the EIB in support of EU external policy objectives.
    Similarly, MFA will continue to reinforce the EU's capacity to act in the neighbourhood
    region and pre-accession countries as it produces significant financial leverage. MFA
    goes beyond budget resources in providing loans, in addition to grants. MFA belongs to
    an area of shared competence and it complies with the subsidiarity principle as the
    objective of restoring short-term macroeconomic stability in third countries can be
    achieved more efficiently and effectively by the EU than by Member States individually.
    This removes the need for recipient countries to conduct multiple negotiations with
    different EU Member States. Furthermore, negotiating as a single entity improves the
    negotiating position of the EU vis-à-vis the recipient country and reduces the scope for
    contradictory policy programmes. Ex-post evaluations have also concluded that MFA
    centralised management by the Commission is more cost-efficient than the provision of
    financial support by Member States individually70
    . It is important to distinguish MFA
    from budget support under regular, programmable instruments. The trigger for MFA are
    balance of payments crises. The primary purpose of MFA is to help beneficiary countries
    overcome such crises, which manifest themselves in a shortage of external financing.
    This is one of the major and specific as well as primary distinguishing characteristics of
    the MFA instrument, compared to other support instruments.
    In the future, the EU will continue its efforts to deliver its international cooperation in a
    flexible manner and through simple mechanisms and rules. In the current context of
    multiple crises and conflicts, the proposed broad external action instrument will have to
    be able to adjust swiftly to changing priorities and unforeseen events and to deliver
    rapidly on the ground. Sufficient legal, financial and procedural flexibility is needed to
    allow the EU to respond to the many challenges on the world stage.
    In this context, emergency procedures will ensure the quick EU capacity to respond to
    crises, the resilience building and the short-term foreign policy reaction with world- and
    scope-wide coverage (political, security, economic). Rules, regulations and management
    70
    MFA assistance is disbursed to the central bank (in order to support the country’s international reserves); however,
    the amounts can be subsequently transferred on to the budget (thus providing not only support for reserves, but also
    budget financing in case of loans or budget revenue in case of grants). Even when transferred to the budget, MFA
    remains untied and undesignated.
    33
    structures for quick response activities would have to retain their fast, flexible and
    responsive nature. This also includes actions aimed at operationalising the humanitarian
    and development nexus.
    Finally, through the creation of the broad instrument the EU will continue to simplify the
    delivery mechanisms and the streamlining of their governing rules, thus making the
    existing toolbox even more fit for the implementation of geographical, thematic and
    horizontal actions.
    6. How will performance be monitored and evaluated?
    6.1. Monitoring arrangements
    During the mid-term review of the external financing instruments, a number of
    limitations regarding the monitoring of the EU’s external action were noted:
    1. The instruments' objectives are highly ambitious (in line with the TEU) and
    require global efforts: success cannot be achieved by the EU alone. For example,
    the objective of poverty eradication depends on many factors that are outside the
    EU's control, such as: national government willingness and capacities to
    implement relevant policies, other aid providers, and the international context.
    2. The wide-ranging nature of both the objectives and the partner countries covered
    (approximately 140 countries) makes the meaningful aggregation of data
    challenging.
    3. Data collection can depend on sources outside of the EU, meaning there are
    implications, for example, on the timeliness of data.
    4. As a result of the high level and broad nature of the objectives, the use of
    internationally agreed impact-level indicators such as the ones agreed for the
    Sustainable Development Goals have often been considered the most suitable
    method to measure the attainment of the instruments' objectives. However, such
    indicators are not directly attributable to the actions of the EU instruments71
    meaning it is difficult to consistently measure the EU's contribution to results.
    A number of lessons learned were also highlighted during the review, namely:
    1. The lack of information about monitoring in the legal base.
    2. The lack of data to measure effectiveness of the instruments.
    In response to these lessons, the Commission will propose to use a number of key
    performance indicators in the legal base which will show how success towards the
    specific objectives will be measured. These indicators will mainly be focused at
    outcome/output level so the link with the EU’s contribution to results will be apparent.
    To help improve its collection of data, the Commission has launched:
    1. An EU international cooperation and development results framework covering
    DCI, EDF, ENI, EIDHR72
    , Greenland, and Article 5 of the IcSP.
    71
    Plus they do not cover the whole spectrum of EU international cooperation, in particular when it comes to measuring
    the impact of crisis response
    72
    Except for the Electoral Observation Missions part of the instrument that is covered by the FPI Results Framework.
    34
    2. Yearly results reporting exercises covering EU funded interventions ending in the
    previous year – as financed under the instruments above;
    3. Similar performance frameworks with strategic and operational indicators for the
    IcSP (Articles 3 and 4) and the PI.
    The frameworks will:
    - Be used to monitor the performance of the instruments, providing a clear link
    between the objectives and how they will be measured.
    - Include impact-level indicators (e.g. linked to the Sustainable Development
    Goals) as well as output and result (outcome) indicators, thus measuring the
    deliverables and direct effects of EU external action.
    - Allow for the preparation of implementation reports and evaluations after
    approximately three years of collecting results data.
    - As far as possible harmonise the common provisions with other EU budget
    programmes, including with regard to the climate mainstreaming methods.
    However it is worth noting not all results can be encapsulated in such frameworks. In
    particular results in implementing complex structural reforms cannot be easily
    aggregated and captured beyond the country or sector level.
    Examples of indicators used to measure the specific objectives could include the
    following. Unless stated otherwise, the indicators are drawn from the Commission’s
    results frameworks:
    (1) Rule of Law score
    (2) Proportion of population below the international poverty line
    (3) Number of women of reproductive age, adolescent girls, and children under 5
    reached by nutrition programmes with EU support
    (4) Number of 1-year olds fully immunised with EU support
    (5) Number of students enrolled in primary and/or secondary education and training
    with EU support
    (6) Greenhouse gas emissions reduced or avoided (Ktons CO2eq) with EU support
    (7) Area of marine, terrestrial and freshwater ecosystems protected and/or
    sustainably managed with EU support
    (8) Number of firms and/or individuals with access to financial services with EU
    support
    (9) Political stability and absence of violence indicator
    (10) Number of processes related to partner country practices on trade, investment
    and business, or promoting the external dimension of EU internal policies,
    which have been influenced.
    In terms of monitoring arrangements for joint programming, joint results frameworks
    (i.e. a list of indicators agreed between donors) can be used. These would measure the
    collective results of the donors participating in the joint programme. With the expected
    increase in joint programming going forward, the EU expects more use of joint results
    frameworks.
    35
    6.2. Data provisions and sources
    Data collected from EU funded interventions come from two main sources:
    - Secondary sources available at country level (e.g. country statistical office,
    international organisations collecting data at country/sub country level for
    internationally agreed indicators like the SDGs); and
    - Project monitoring systems set up by implementing partners to ensure adequate
    follow up of results and project performance.
    Only data not available from existing sources are collected by the latter and generally
    respond to project specific needs (for monitoring and evaluation purposes). Close
    coordination between the Commission and its implementing partner is ensured through
    the Commission’s operational managers to avoid any duplication of efforts at any level.
    Efforts are made to disaggregate data. Currently disaggregation by sex is possible for
    several indicators included in the above mentioned frameworks. For other categories:
    age, income, disabilities, data disaggregation remains a challenge particularly in the case
    of fragile countries.
    In line with the European Parliament’s call to establish consistent monitoring and
    evaluation procedures to track progress against objectives73
    , Commission services are
    currently working together to establish an electronic system which will track project
    management, monitoring and evaluation via a single IT portal. This tool will use a
    consistent framework of indicators to assess performance and identify results across the
    broad instrument. Work on the portal is underway, with pilot testing planned for mid-
    2018, including with EU Delegations. The portal should be fully operational by the
    beginning of 2020.
    In addition, the portal will offer a single-entry point for all operational information and
    will allow external users including implementing partners to encode key information
    directly into the system. This means it will contribute to greater simplification and
    coherence in the coming years.
    In terms of indicators being monitored, most of them are commonly agreed at
    international level and therefore have a standard methodology. The same applies for
    those indicators used in the EU international cooperation and development results
    framework or similar frameworks used to report at sector level. Contextual indicators can
    also be defined and collected where appropriate.
    It will not always be possible to set targets for the indicators in the performance
    frameworks. For SDGs, targets are available and will be used. However, for a number of
    outcome indicators, as partner countries set their targets independently (or sometimes not
    at all), the setting of targets across countries and at instrument level would not be
    meaningful. In the case of political cooperation as well as the area of peace and security,
    which are prone to fast developments and changes, it would be inappropriate set targets
    73
    See draft European Parliament report: Implementation of the EU external financing instruments: mid-term review
    2017 and the future post-2020 architecture – Schaake Report (2017/ 2280 (INI) of 12 January 2018. And also the
    European Parliament study: External financing instrument and the post-2020 architecture: European Implementation
    Assessment (28 February 2018):
    http://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_STU(2018)615636
    36
    ex-ante at the overall strategic level; targets need to be set at operational level within
    each single action.
    6.3. Evaluations
    For the broad instrument, evaluations will continue to take place at different levels as
    follows:
    1) The evaluations of specific projects and programmes which will be managed by
    EU delegations and services responsible and cover a wide variety of actions, from
    relatively small or innovative projects, to large facilities mobilising significant
    amounts of funds.
    2) Strategic evaluations, which cover general policies and strategies in countries and
    regions, and in sectors or themes, will be managed by the central evaluation
    services.
    3) In addition to the two main categories of evaluations referred to above, an
    instrument level evaluation will be conducted only once sufficient data can be
    collected on performance. The instrument shall be evaluated according to the
    Better Regulation criteria and OECD-DAC good practice principles. In particular,
    the evaluation will look at the efficiency, effectiveness, added value, coherence
    and relevance of the instrument.
    The 3 levels are closely interlinked. The project and programme evaluations are essential
    sources of information for the strategic evaluations which in turn feed into the Instrument
    level evaluation. The planning of evaluations will be carefully coordinated so as to
    maximise coherence.
    The evaluations will use monitoring data, weighing it up and seeking to understand why
    and how the respective changes have been brought about. The project/programme
    evaluations will rely on monitoring systems set out at action level, while the instrument
    level and strategic evaluations will make use of the latter and of data collected as part of
    the results frameworks. The common principles and standards which will guide the way
    in which these evaluations will be conducted are defined in the evaluation policy for EU
    development cooperation74
    . The specific evaluation approaches and methods to be used
    for the various types of evaluations are set out in the evaluation guidelines75
    .
    As per these guidelines, most evaluations will apply a theory based impact evaluation
    approach, gradually building evidence to test the soundness of the intervention logic,
    actions, strategies, and instruments being subject to the evaluation. Experimental and
    quasi-experimental methods might also be used in some cases, in particular for pilot
    projects, which are to be scaled up significantly in the future. Applying such methods for
    a large number of evaluations is however not feasible, for several reasons:
    1) They require extensive financial resources;
    74
    See https://ec.europa.eu/europeaid/node/71167
    75
    See http://ec.europa.eu/europeaid/how/evaluation/methodology/index_en.htm and
    https://ec.europa.eu/neighbourhood-
    enlargement/sites/near/files/pdf/financial_assistance/phare/evaluation/2016/20160831-dg-near-guidelines-on-linking-
    planning-progrming-vol-1-v-0.4.pdf
    37
    2) There are ethical issues involved given that such methods require the existence of a
    control group, comprising people who must not receive any similar support (from
    the EU or other actors) over the intervention timeframe.
    3) Even if these methods would be applied for all evaluations, it will not be possible
    to aggregate up from project level to instrument level. This is because of the
    variety of actions implemented and the different contexts in which these take place.
    In order to evaluate joint programming, future country evaluations by the EU should
    include the joint programming process (where they exist) and in particular indicators
    from the joint results framework.
    A number of joint evaluations (between EU and Member States) already exist and more
    will be expected under the 2021-2027 MFF. Efforts should be made to include all
    partners involved in the joint programming exercise so that the collective impact of the
    donors can be evaluated.
    38
    Annex 1: Procedural information
    1. LEAD DG(S)
    The lead DGs are as follows:
     International Cooperation and Development (DEVCO)
     European Neighbourhood Policy and Enlargement Negotiations (NEAR)
     Foreign Policy Instruments (FPI)
     European External Action Service (EEAS).
    Other services contributing to the impact assessment include:
     European Civil Protection and Humanitarian Aid Operations (ECHO)
     Economic and Financial Affairs (ECFIN)
     Cyprus Settlement Support team
    2. ORGANISATION AND TIMING
    In agreement with other external action services (i.e. NEAR, FPI and the EEAS), DG
    DEVCO has coordinated the process of drafting the legislative proposal and impact
    assessment for the post 2020 broad external action instrument.
    The process has been overseen by an Inter-service Steering Group comprising all
    interested policy DGs as well as the central services (e.g. the Secretariat General, DG
    Budget and the Legal Service). This Group is chaired by the Secretariat General. The
    first meeting took place in December 2017 to kick off the process and discuss the
    inception impact assessment. The second meeting (March 2018) was used to discuss the
    draft impact assessment. The minutes of this meeting can be found in the annex. The
    third meeting took place in April to discuss the proposal for the legal base.
    3. CONSULTATION OF THE REGULATORY SCRUTINY BOARD
    Services met the Regulatory Scrutiny Board twice during the preparation of the impact
    assessment. An upstream meeting was held between the RSB and the external action
    services in January 2018 to discuss the inception impact assessment and the main
    expectations for the RSB. Main comments included: to focus on the changes compared to
    the current period; to look in particular at the architecture (programme structure); and the
    delivery mechanisms; and to take on board the lessons learned from the mid-term
    evaluations. A further meeting with the RSB was held on 25 April to discuss the draft
    impact assessment. Following the meeting a positive opinion with reservations was
    received The following changes have been made to the impact assessment in response to
    the RSB’s main considerations:
    39
    RSB recommendations Changes made to the impact assessment
    The report does not sufficiently explain the
    governance structure for the new broad
    instrument, and does not follow up on some of
    the problems it identifies. It does not provide
    strong justification for merging individual
    programmes into the new broad instrument.
     Governance information has been
    added under 4.2 “structure of the
    instrument”.
     Concerning lessons learned, the text
    explains that these mostly relate to
    how the current heading is structured
    with fragmented instruments. Some of
    the problems, such as joint
    programming have been better solved
    throughout the document, e.g. under
    section 6 “monitoring and evaluation”.
     The justification for merging
    individual programmes is explained
    under section 4.4.
    The report does not sufficiently examine
    funding and policy implications of integrating
    the EDF into the EU budget.
     Further information on implications on
    budgetising the EDF have been
    provided under section 4.4.
    The report leaves several funding issues
    unclear. These include a funding baseline,
    funding prioritisation and eventual ring-
    fencing, as well as how to finance additional
    flexibility reserves.
     Information has been added section
    under 4.2 “structure of the instrument”
    on what is being ring-fenced.
     Funding baseline has been added to
    show the outcome of the UK’s
    withdrawal from the EU on funding
    per current instrument.
    The report does not sufficiently explain how
    future monitoring and evaluation would work.
     Under section 6.1 information has been
    added on how the future monitoring
    and evaluation methods respond to the
    lessons learned from the mid-term
    review.
     More information on how we will
    evaluate at instrument level has been
    added under section 6.3.
    4. EVIDENCE, SOURCES AND QUALITY
    Evidence has been drawn from the following sources:
     The mid-term review report of the external financing instruments, the
    accompanying staff working documents and the external evaluations on which
    they are based.
     The input received from the open public consultation on the external financing
    instruments (2017).
    This evidence base is considered sufficiently robust, accurate, coherent, consistent and
    comprehensive for the purposes of this impact assessment.
    40
    Annex 2: Stakeholder consultation
    The stakeholders’ consultation of the ten external financing instruments76
    took mainly
    three forms: structured or semi-structured interviews; technical workshops held in
    Brussels; and an Open Public Consultation.
    Evaluators carried out more than a thousand structured or semi-structured interviews to
    gather views and information from EU staff at headquarters and delegations,
    representatives from the Member States, the European Parliament and partner countries.
    The MTR evaluations have integrated the outcomes of the interviews, which also served
    to validate several findings.
    Technical workshops took place with representatives of the European Parliament
    (Secretariats of the Committees and assistants to MEPs), Council working groups and
    relevant instrument committees. During these workshops the draft MTR reports of the
    instruments were presented. Apart from instrument-specific comments, general issues
    arising from these meetings concerned: the complex architecture of the EFIs, the
    coherence among and within instruments, the coordination between EU and Member
    States, the need to ensure the flexibility of the instruments to respond to emerging crises
    while preserving predictability, and the integration of new policy priorities such as
    SDGs, climate change and migration.
    The draft evaluation reports were also presented at the Policy Forum on Development,
    which gathers representatives from civil society and local authorities. Participants raised
    a number of comments regarding access to funds, including that more opportunities
    should be made available for CSOs/LAs to apply for projects across the set of external
    financing instruments. Comments were also raised on mainstreaming commitments, such
    as climate change, and on the role of private sector in the instruments.
    An open public consultation on the external financing instruments of the European Union
    took place between 7 February and 3 May 2017. The objective of the consultation was
    twofold. First, it intended to gather feedback from stakeholders in both EU Member
    States and beneficiary countries, on the conclusions emerging from the evaluations of the
    instruments. Second, it aimed to gather feedback on the future external action
    instruments after 2020. More details on the Open Public Consultation are reported in the
    sections below.
    More specifically to this Impact Assessment, ten forward-looking questions were posed
    to the public. They broadly concerned the types of instruments needed to respond to the
    evolving policy priorities, the coherence among instruments, the complementarity
    between EU and MS external assistance, the use of innovative mechanisms to enhance
    76
    The ten instruments were the: Development Cooperation Instrument (DCI); European Development Fund (EDF);
    European Neighbourhood Instrument (ENI); Instrument for Pre-Accession (IPA II); Instrument contributing to stability
    and Peace (IcSP); European Instrument for Democracy and Human Rights (EIDHR); Partnership Instrument (PI);
    Instrument for Nuclear Safety Cooperation (INSC); Greenland Decision (GD); Common Implementing Regulation
    (CIR).
    41
    leveraging, the possible future architecture of the instruments and how to ensure
    flexibility and simplification.
    Answers were received from around 100 respondents, however not all questions were
    answered by everyone. Respondents represented a wide range of stakeholders from both
    inside and outside of the EU, the majority belonging to the former category (78%).
    Most submissions were received from organisations and associations (52%), public
    authorities (22%), followed by EU platforms, networks and associations (10%). A
    limited number of respondents belonged to the category of industry, business and
    workers' organisations (6%), research and academia (5%), citizens and individuals (4%)
    and consultancy (1%).
    78
    8
    3 2
    9
    0
    10
    20
    30
    40
    50
    60
    70
    80
    90
    European Union Neighbourhood Latin America Sub-Saharan
    Africa
    Rest
    Respondents by origin
    42
    1. METHODOLOGY
    The answers provided by the respondents to the ten forward-looking questions were
    summarised on a question-by-question basis in order to provide a comprehensive yet
    concise overview of a large amount of written inputs. In order to ensure that it is based
    on a rigorous approach, the summary followed a number of simple rules. Specifically,
    inputs were prioritized if they a) were relevant to the question to which they were
    supposed to respond, b) were recurrent even across a sub-set of respondents, and c)
    addressed issues which were more cross-cutting in nature and less specific to the
    respondent's own profile or mandate. In all cases, care was taken to ensure a balanced
    representation of inputs that were in contradiction with each other.
    To account for their distinctive characters, inputs from public authorities were
    summarised separately from those provided by civil society organisations. This
    distinction seemed further justified in light of the inputs received from these two
    categories which often differed in terms of their respective focus and concern. In the next
    section, the main results of the Open Public Consultation have been clustered and
    presented in such a way to reflect the key sections and elements of the impact
    assessment.
    Organisation or
    association
    52%
    Public authority
    22%
    EU platform,
    network, or
    association
    Industry, business
    or workers'
    organisations
    Research/academia
    Citizen/individual
    Consultancy
    1%
    Respondents by type
    10
    %
    5%
    4%
    6%
    43
    2. RESULTS FROM THE OPEN PUBLIC CONSULTATION
    PRIORITIES AND GEOGRAPHICAL SCOPE
    Several respondents from public authorities underline the need to align the new
    instruments with the priorities identified by the EU Global Strategy and the new
    European Consensus on Development. The new External Financing Instruments (EFIs)
    should also reflect commitments taken under recent international agreements such as the
    2030 Agenda, the Paris Agreement, and the Addis Ababa Action Agenda. Civil society
    respondents are more specific and encourage the EU to reinforce its engagement in
    thematic areas, which include climate change, environment, gender, democracy, human
    rights, civil society, peacebuilding, conflict prevention, security, resilience, fragility and
    nuclear safety.
    In addition, member tates’ respondents place particular emphasis on strengthening EU
    action in the field of security. Some emphasize the need to build more on the link (nexus)
    between security and development. Others suggest creating a separate instrument
    dedicated to Capacity Building in Support of Security and Development. Such an
    instrument would enable the EU to respond more effectively to unexpected challenges
    with security implications. Finally, some respondents mention the need to maintain the
    African Peace Facility due to its important role in supporting regional peacekeeping
    operations.
    Civil society respondents highlight that emerging EU priorities, in particular migration
    and security, should not affect funding for other key global challenges. They emphasize
    that the allocation of development funds must be based on objectively assessed
    development needs rather than on the EU's emerging priorities. They also encourage the
    EU to uphold its rights-based approach to development cooperation. Respondents
    underline the need to ensure the respect for human rights including the rights of children,
    workers and persons with disabilities. Others recommend that the EU should include
    sustainability criteria in the procurement processes in order to ensure compliance with
    international environmental, health and labor standards.
    In terms of geographical scope, respondents concur that the EU should continue to focus
    on Least Developed Countries and countries affected by fragility. At the same time, a
    number of respondents from civil society also emphasize the need to reshape the EU's
    engagement with Middle Income Countries. They highlight that despite the fact that the
    majority of the world's poor live in these countries, the EU's development assistance
    focuses on the category of Low-Income Countries. At present, none of the existing
    external financing instruments is dedicated to the objective of reducing poverty in MICs.
    As for the EU’s engagement with the African, Caribbean and Pacific Group of States,
    there has been a variety of suggestions from public authorities’ respondents including to
    maintain an ACP-focused instrument and even to approach these regions separately given
    their specificities.
    44
    FLEXIBILITY
    Respondents agree that the new financing instruments should be more flexible in order to
    be able to respond to unforeseeable challenges and crises, such as migration and
    conflicts. Member states respondents recommend that efforts to increase flexibility
    should aim to simplify lengthy and cumbersome procedures, as well as to address
    difficulties in adjusting programs and shifting funds between regions and aid modalities.
    Civil society respondents acknowledge that the rise of regional and global challenges has
    exposed the need for more flexibility across the EU's External Financing Instruments.
    The migration and security crises in particular have shown the limits of the instruments'
    ability to give adequate response to rapidly changing circumstances. Recognizing this
    issue, civil society respondents agree that the future instruments must be able to support
    both short-term and long-term objectives in partner countries.
    However, it is underlined that increasing flexibility should not come at the cost of
    predictability, country ownership and less focus on achieving long-term development
    objectives. Member states respondents suggest that the instruments' flexibility should
    result from sufficiently available reserves, which can be mobilized and deployed in line
    with the instruments' original objectives. Related to flexibility, some Member States’
    respondents raise concerns about the recently-created trust funds highlighting that there
    has been limited evidence of the criteria used for the allocation of resources as well as
    limited data on impact. It is suggested that using special funds outside of the EU budget
    should be minimized.
    In addition, civil society respondents encourage the EU to enhance the instruments'
    flexibility also in terms of engaging with relevant partners. It is highlighted that civil
    society organizations, both European and local, are facing accessibility challenges
    because of a new EU funding landscape. The increased grant sizes in calls for proposals,
    as well as requirements for large programs and consortia, put small CSOs at a
    disadvantage vis-à-vis larger, established NGOs, which are often international and
    already have experience with working for the EU. Respondents point out the risk that
    such an approach to channeling funds can result in EU grants becoming concentrated in
    the hands of a small group of international NGOs. In order to make funds more
    accessible for smaller organizations, respondents recommend a number of measures such
    as reducing the share of co-funding, accepting in-kind contributions as part of the co-
    funding, adapting pre-financing requirements and simplifying calls for proposals.
    COHERENCE AND SYNERGY
    Most respondents consider necessary to ensure greater coherence between the internal
    and external policies of the EU, as well as between the external instruments themselves.
    In this respect, some public authorities’ respondents wish to ensure coherence within the
    instruments themselves, as well as between different EU policy domains such as
    humanitarian assistance, development, security and trade, particularly in countries
    affected by fragility and conflict. They also suggest further elaboration of the existing
    comprehensive approach, which integrates development, security and diplomacy efforts.
    45
    Fostering synergies between development and commercial instruments is also viewed as
    necessary. The implementation of the EU Global Strategy is viewed as an appropriate
    basis for efforts to increase coherence between policies. Enhancing dialogue between
    different bodies of the European Union such as the European External Action Service
    (EEAS) and the Directorate-Generals of the Commission is highly relevant. Establishing
    joint working groups and promoting better information sharing are seen as important
    contributors to coherence.
    Civil society respondents assert that the universal and integrated character of the
    Sustainable Development Goals makes the SDGs framework the most appropriate basis
    for increasing coherence between internal and external EU policies. Respondents
    emphasized that efforts to increase coherence should be aligned with the principles of the
    EU's approach to Policy Coherence for Development. Civil society respondents identify a
    number of areas where major challenges remain regarding policy coherence. Some
    highlight that consumption patterns in Europe may have harmful implications for
    development processes and outcomes in the rest of the world, particularly in the domains
    of food production, climate change, environment, biodiversity and natural resources.
    Others point to the tension between the EU's development objectives and emerging
    European political priorities related in particular to migration and security. Some
    respondents consider the ongoing efforts to address the root causes of migration
    problematic from a coherence perspective.
    Respondents emphasize the need to strengthen complementarity and synergy between
    geographical and thematic instruments. Others encourage the EU to take a leading role in
    improving complementarity between various stakeholders both inside and outside the
    EU. Given its status as a multilateral organization unbound by domestic interests, the EU
    is encouraged by civil society respondents to play a leading role in improving
    complementarity between various stakeholders both inside and outside the EU.
    In this context, the contribution that EU Delegations can make to better aid coordination
    and complementarity has been emphasized by many respondents. Public authorities’
    respondents encourage Delegations to work more closely with Member States' embassies
    and play a stronger role in information sharing in particular through the Heads of
    Cooperation meetings. Civil society respondents maintain that Joint Programming can
    have the potential to enhance complementarity and synergy between EU and Member
    States both at the country and the sectoral level. Findings emerging from the recent
    evaluation of Joint Programming should influence how such approaches can be further
    improved in the future.
    SIMPLIFICATION
    The EU is strongly encouraged to further simplify the overall architecture of the
    instruments. In this respect, the EU should continue its efforts to simplify cumbersome
    administrative and financial procedures.
    46
    Member states respondents consider that the instruments should be further simplified. It
    is highlighted that the multiplication of EU funds and facilities adds extra layers of
    complexity to an already complex financing architecture. Member states also point to the
    excessive complexity of grant management rules and procedures and the consequent need
    to simplify them. In order to enable faster project adoption and implementation, efforts
    should also be made to revise the structure and different stages of the EU programming
    cycle.
    Civil society respondents agree with the need to further strengthen on-going efforts to
    simplify the current administrative and financial procedures applied in EU external
    assistance. Although important improvements have been made in particular as a result of
    the Structured Dialogue process, more needs to be done in terms of simplification. It is
    emphasized by respondents that procedures and rules currently in place have important
    implications for the ability of civil society organizations to become more involved in
    development cooperation. Given their limited human and financial resources, small
    NGOs are often constrained in their capacity to participate in calls for proposals. It is
    underlined, therefore, that simplifying rules and procedures governing grant application
    and management is crucial to enable such organizations to access funding.
    PERFORMANCE FOR RESULTS
    To make best use of existing and new instruments, an incentive-based approach in
    external assistance is viewed positively given its ability to promote reforms in partner
    countries. However, some respondents highlight the increasingly challenging nature of
    using development aid as an incentive due to the rising availability of alternative
    resources such as private finance and remittances.
    Most public authorities’ respondents underline that the decision on the allocation of
    funds should be made on the basis of a rigorous assessment which establishes objective
    criteria and is conducted by an independent panel of experts. It has also been highlighted
    that the incentive-based approach should not be utilized to make EU assistance
    conditional on a partner country's cooperation in other policy areas such as migration and
    security. It is suggested that the effectiveness of the incentive-based approach would
    increase if it were extended beyond development assistance to other – often more
    powerful – EU instruments such as trade.
    Civil society respondents underscore the importance of maintaining incentive-based
    approaches in the EU’s external assistance. They emphasize that incentives can improve
    accountability for results and also enhance the EU’s impact in policy areas where
    progress is difficult to make such as in the field of human rights, good governance and
    rule of law.
    Some respondents point to available evidence of success achieved through incentive-
    based mechanisms such as the ‘More for more’ approach applied to Neighbourhood
    countries or the Millennium Development Goals contracts introduced under the 10th
    cycle of the European Development Fund. Others recommend that the EU should utilize
    47
    its preferential trade agreements (e.g. Generalised Scheme of Preferences) in order to
    strengthen respect for human rights and international labor standards in partner countries.
    Recommendations on efficiency and effectiveness were also given. As for efficiency,
    respondents recommend that the EU simplify burdensome procedures and the overall
    architecture of the instruments. As for effectiveness, some respondents emphasize the
    need for a clear results framework coupled with stronger monitoring systems to assess
    impact. Better monitoring and evaluation of results is seen as crucial to enhance
    institutional learning and to inform decision-making with a view to improve programme
    effectiveness. In this respect, respondents call for an improved traceability of results and
    accessibility of information on all actions financed by EU instruments.
    PROGRAMME STRUCTURE
    Respondents expressed diverging views on the most appropriate approach to take when
    structuring the future instruments. Some Member States are in favour of maintaining
    both geographically and thematically structured instruments. As regards the relative
    importance of these categories, however, some respondents show preference for
    geographically-based instruments over thematic ones. Yet others suggest that instruments
    be thematically structured but have a certain geographical focus, which can be flexibly
    adapted when circumstances change. Regarding the approach to geographical structuring,
    some respondents consider that the category of ACP countries is artificial when viewed
    from a development perspective. Others suggest moving from a regional approach to one
    based on income categories such as low-income and middle-income countries.
    Most respondents from civil society agree that the combination of geographic and
    thematic instruments delivers the best results. They emphasise that the value of
    geographically structured instruments lies in their capacity to address the specific needs
    of partner countries in a tailored manner. This is crucial given the diversity of the
    challenges and needs across these countries. It has been suggested, however, that this
    geographical structuring should be influenced less by European historical/political
    considerations (e.g. ACP and Neighbourhood countries) and, instead, more by
    developing country needs.
    Civil society respondents equally agree on the importance of maintaining thematic
    instruments. These are viewed as capable of delivering on transversal priorities, which
    are not specifically addressed in bilateral programmes such as the support for civil
    society organizations and marginalized groups. Furthermore, thematic programmes allow
    the EU to engage with graduated middle-income countries, which are no longer eligible
    for Official Development Assistance (ODA).
    While being in favour of combining geographic and thematic instruments, respondents
    also draw attention to the need for more complementarity. Some respondents highlight
    the risk of overlap and double funding whereby the same policy objectives are funded by
    multiple instruments. Respondents call for a clear delineation between instruments while
    48
    also underlining the need to ensure that geographic and thematic programmes do exploit
    cross-sectoral synergies and linkages between themselves.
    DELIVERY MECHANISMS
    There is an agreement between respondents that innovative financing instruments can
    play an important role in leveraging public and private financing for EU external
    assistance. Positive findings on the leverage effects and financial additionality of such
    instruments emerging from the recent evaluation of blending are considered encouraging.
    Nevertheless, some Member States identify areas where improvements should be made.
    Increasing the transparency of these mechanisms is considered necessary. Furthermore, it
    is suggested that funds become subject to thorough evaluations in order to inform
    decisions on their future application. Others stress that the use of funds should be limited
    to justified cases where other instruments cannot be deployed effectively. As for the
    implementation of blending projects, it is recommended that the group of entities mostly
    involved so far (EIB, AFD, KfW, EBRD, AECID) should be further diversified.
    Civil society respondents gave recommendations and raised concerns regarding the role,
    use and impact of such innovative mechanisms. It is highlighted that private sector
    funding should not substitute, but rather complement, public support in the fight against
    poverty. In order to have an added-value when compared to other forms of finance,
    innovative financing mechanisms have to represent additionality, meaning that they are
    to support projects which are not commercially viable, and therefore would not have
    been implemented without using ODA funds. Civil society respondents also emphasize
    the need for putting in place safeguards to ensure that innovative mechanisms contribute
    to achieving the Sustainable Development Goals. To this end, the EU needs to make
    certain that private sector priorities do not override poverty reduction objectives in
    partner countries.
    Most respondents agree on the need for a strengthened multi-stakeholder approach in EU
    external assistance. Partnership and dialogue with non-governmental actors such as civil
    society organizations and the private sector are considered necessary for building wider
    consensus around programmes in partner countries as well as in the implementation of
    EU development cooperation.
    The EU is encouraged to strengthen its partnership with stakeholders who can make
    significant contributions to the implementation of the 2030 Agenda. Respondents
    highlight the need to build more on the capacity of Local and Regional Governments,
    private partners, universities and research institutes. The EU can play an important role in
    facilitating Public-Private Partnerships in developing countries. Civil society
    organizations and NGOs are seen as key partners in EU external assistance. However,
    some respondents caution that recent funding trends (e.g. increasing grant sizes) may risk
    concentrating grants with large consortia of NGOs vis-à-vis smaller organizations.
    49
    Annex 3: Evaluation results
    Introduction
    From 2016-2017, independent, mid-term evaluations took place for the following
    external financing instruments:
    1. Development Cooperation Instrument (DCI);
    2. European Development Fund (EDF) including on the Overseas Countries and
    Territories (OCTs)
    3. European Neighbourhood Instrument (ENI);
    4. Instrument for Pre-Accession (IPA II);
    5. Instrument contributing to stability and Peace (IcSP);
    6. European Instrument for Democracy and Human Rights (EIDHR);
    7. Partnership Instrument (PI);
    8. Instrument for Nuclear Safety Cooperation (INSC);
    9. Greenland Decision (GD);
    10. Common Implementing Regulation (CIR) (not a financing instrument but a
    regulation for implementing a number of the instruments mentioned above)
    The aim of the evaluations was to provide the EU and wider public with an independent
    assessment of the external financing instruments, including how each instrument
    interacted with the remaining instruments77
    . In 2017, the Commission followed the
    independent evaluations with a set of staff working documents (one per instrument) 78
    .
    The staff working documents were based on and for the most part concurred with the
    findings of the independent evaluations. In order to gain a better understanding of key
    messages occurring across the instruments, an independent coherence report (2017) was
    produced79
    . These documents all fed the Commission’s mid-term review report80
    (2017)
    which responds to the requirement set out in the Common Implementing Regulation81
    (Article 17) for a review of the instruments at their mid-point.
    Regulatory Scrutiny Board
    Two of the Commission’s staff working documents were assessed by the Regulatory
    Scrutiny Board in 2017, namely the EDF and the ENI.
    For the EDF the main comments of the RSB were as follows:
    77
    The independent evaluations can be found here: https://ec.europa.eu/europeaid/public-consultation-external-
    financing-instruments-european-union_en
    78
    The staff working documents can be found here: https://ec.europa.eu/europeaid/mid-term-review-report-external-
    financing-instruments_en
    79
    The coherence report can be found here: https://ec.europa.eu/europeaid/sites/devco/files/coherence-report-main-
    report-170717_en_0.pdf
    80
    The report can be found here: https://ec.europa.eu/europeaid/mid-term-review-report-external-financing-
    instruments_en
    81
    The Common Implementing Regulation can be found here: https://publications.europa.eu/en/publication-detail/-
    /publication/43f92a44-af94-11e3-86f9-01aa75ed71a1/language-en
    50
    Particular challenges with evaluating the 11th EDF were noted, and appreciation was
    made of the body of evidence that the external study compiled. The RSB considered the
    evaluation should be improved with respect to the following key aspects:
    (1) The Staff Working Document (SWD) should be a self-standing document.
    (2) The analytical approach should be sufficiently clear on how it assesses
    effectiveness rather than leaving out several relevant issues.
    (3) The analysis of coherence with other instruments should be complete and could
    be more informative.
    For the ENI evaluation, the main comments from the RSB were as follows:
    Limitations that the ENI evaluation faced were noted concerning tight timing, lack of
    monitoring data and a changed context in many partner countries. The RSB considered
    the report should be improved by the following:
    (1) The report should draw lessons for the future.
    (2) The report should adequately take up and examine critical feedback from the Court of
    Auditors and stakeholders.
    (3) The report should be more reader-friendly.
    Evaluation conclusions
    The independent evaluations and staff working documents on the external financing
    instruments have overall shown that the instruments are, at the mid-point in their
    implementation, generally fit for purpose and positive trends are emerging in relation to
    the instruments' objectives. In conclusion, there is no need to amend the legislation that
    establishes the instruments.
    Relevance
    The evaluation staff working documents have confirmed that the instruments' objectives
    were largely relevant to the policy priorities at the time of their design. Compared to the
    2007-2013 MFF, the strategic relevance has improved substantially, as lessons from the
    past were integrated in the new regulations:
    - confirmation of global reach (IcSP, PI);
    - promotion of EU interests worldwide (PI);
    - increased focus on conflict prevention (IcSP);
    - new common programming principles (DCI, EDF);
    - greater differentiation (DCI, ENI, IPA);
    - sharper focus on sector approaches (IPA);
    - clear delineation of specific objectives (EIDHR);
    - enhanced consistency and complementarity between the IcSP and the
    geographical cooperation instruments29 and with CFSP operations;
    - broader ambitions for the Greenland partnership (GD); and
    51
    - harmonisation of implementing procedures (CIR)
    Furthermore, the external evaluations underline the strategic relevance of the thematic
    instruments, in particular their ability to act without the explicit consent of the partner
    country if required, such as engaging in crisis response, human rights and
    democratisation in a deteriorating context and promoting EU interests and global actions
    on public goods, including climate change.
    The set of broad, enabling instruments have been able to cover EU priorities without any
    major gaps, except for capacity-building in support of security and development (CBSD).
    However, on programming (where programming applies) and implementation of the
    instruments, this potential was not always fully exploited. In some countries, actions
    under the instruments were strategically combined82
    , whereas in others, the potential for
    strategically combining actions was not always used83
    .
    A benefit of the instruments' relevance is the flexibility that they have built into them.
    Flexibility to respond to unforeseen events is required at different levels:
    (i) short-term crisis response;
    (ii) flexibility in choice of programming and implementation methods;
    (iii) financial flexibility with reserve funds and reallocations within and between
    instruments;
    (iv) flexibility in the multi-annual programming with the possibility to adapt the duration
    of the programming to the situation on the ground and to swiftly redirect the funding in
    case of major changes; and
    (v) the use of special measures provided for by the Common Implementing
    Regulation38.
    The evaluation staff working documents found that the instruments, due to their enabling
    character and sufficiently broad objectives, facilitated the EU to respond to new crises
    and its evolving needs and policy objectives as well as those of partner countries.
    However, the ability to reallocate financial resources was fully exhausted with the
    emergence of new crises in countries surrounding the EU.
    Internal resources and funds that were not earmarked were insufficient to deal with the
    crises. Consequently, Heading 4 had to be increased during the mid-term review of the
    MFF, and the EU had to set up different crisis-related trust funds and coordination
    mechanisms such as a Facility for Refugees in Turkey (FRiT). Through the trust funds
    and the FRiT, the EU was able to respond fairly rapidly to the crises and mobilise
    additional funds from EU Member States and other donors, even if the contributions
    82
    See staff working document on the IcSP, section 5
    83
    See coherence report, paragraph 16
    52
    from Member States were less than expected. The response also had to be facilitated by
    the use of special measures outside the regular programming decisions.
    Overall, it appears that the priorities and sectors of intervention defined in the regulations
    for the 11th EDF, EIDHR, ENI, DCI, IPA II, IcSP and the PI are still relevant and
    encompass current needs and priorities. This implies that no amendments to the
    regulations are needed at this stage84
    . Nevertheless, the lessons-learned from the mid-
    term review of the MFF in terms of limited financial flexibility and complexity of the
    current architecture, thwarting enhanced complementarity on the ground, as well as to
    cover gaps in the area of security would need to be considered in the future architecture
    of the instruments85
    .
    Effectiveness
    The staff working documents show that positive trends are emerging in relation to their
    objectives86
    . For example, most countries where the 11th EDF and DCI geographic
    programmes operate have experienced progress in poverty reduction and human and
    economic development over the last 10 years87
    .
    In the western Balkans, IPA II assistance contributed to the implementation of reforms in
    key areas, such as the judiciary, anti-corruption, public administration and social
    inclusion, and supported the progressive alignment with EU legislation and standards.
    In the Neighbourhood, ENI assistance produced visible results in various sectors, such as
    regional development, agriculture, the labour market, border management and migration.
    At the same time, the instruments (ENI complemented by IcSP88
    26) demonstrated a
    capacity to respond to evolving needs and crisis situations.
    The INSC raised levels of nuclear safety, for example by supporting follow-up to the
    joint comprehensive plan of action cooperation with Iran, and stress testing nuclear
    power plants in various countries.
    The PI effectively influenced policy developments in partner countries in line with EU
    interests and contributed to development of mutual relationship with third countries89
    complementing the larger thematic activities financed under the DCI, in particular the
    global public goods and challenges programme.
    However, difficulties in measuring the achievement of objectives should be noted. As at
    the time the independent evaluations were taking place, several of the instruments only
    recently started being implemented (following the drafting of EU strategy documents), so
    it was too early to measure the achievement of high-level (and long-term) objectives. To
    84
    With the exception of the CBSD proposal.
    85
    See coherence report, paragraph 65
    86
    See staff working documents, section 4 for further examples of how the instruments are achieving their objectives.
    87
    See indicators on poverty evolution in the last Millennium Development Goal Report (2015)
    http://www.un.org/millenniumgoals/2015_MDG_Report/pdf/MDG%202015%20rev%20(July%201).pdf
    88
    Source Commission staff working document on the evaluation of the IcSP, Section 5.
    89
    Source Commission staff working document on the evaluation of the PI, Section 5
    53
    help mitigate this situation, the independent evaluations also collected data from previous
    instruments (2007-2013). That said, other limitations in measuring the achievement of
    objectives must be taken into consideration. Often EU support can only be seen as a
    contributing factor towards any results achieved. For example, the fight to eradicate
    poverty is a highly ambitious endeavour. Many factors, both internal and external, affect
    the development of the EU's partner countries and other objectives. Other major external
    relations actors play an active role, together with an increasing number of private donors
    including foundations. In addition, it is for the partner countries to adopt and implement
    the necessary reforms and policies that the instruments support. Also a number of results
    can only be measured at country and/or sector level and cannot be aggregated at
    instrument-level, partly because of the variety of countries and themes concerned.
    Since the establishment of the instruments, the Commission has invested efforts and
    improved reporting on the results of projects and programmes. For example with the
    launch of the EU International cooperation and development results framework90
    in 2015
    which produced its first report on selected results in July 201691
    . Other, similar
    performance frameworks with strategic and operational indicators have also been created
    specifically for IPA II, IcSP and PI.
    The range of implementation arrangements available plays a major role in the
    instruments’ effectiveness92
    . The simplifications introduced in the Common
    Implementation Regulation such as the possibility of sub-granting or awarding grants to
    entities without legal personality, have reinforced the EIDHR’s effectiveness. Benefiting
    from exceptions, crisis response under the IcSP can be as rapid as humanitarian aid.
    The introduction of the budget support modality and the related policy dialogue under the
    IPA II have played an important role in improving policy dialogue in support of
    furthering real reforms and stabilisation programmes in beneficiary countries. This was
    particularly the case in the western Balkans where this was introduced for the first time93
    .
    Similarly in Greenland budget support arrangements resulted in stronger public financial
    management systems and improvements in the national administration's ability to plan
    and implement policies94
    . However, EU procedures (originating from the Financial
    Regulation) are still perceived by interested parties as lengthy and burdensome95
    .
    In terms of mainstreaming EU priorities, significant progress has been noted in some
    programmes in the areas of climate change and environment96
    . However, more remains
    90
    See further information on the EU international cooperation and development results framework:
    https://ec.europa.eu/europeaid/devcos-results-framework_en
    91
    This report presents selected results achieved from EU funded development cooperation projects and programmes
    completed in mid-2013 - mid-2014 in EU partner countries. See: https://ec.europa.eu/europeaid/eu-international-
    cooperation-and-development-first-report-selected-results-july-2013-june2014_en
    92
    See for example, PI, EIDHR and IcSP, staff working documents, section 5
    93
    See IPA staff working document, section 5
    94
    See Greenland staff working document, section 6
    95
    See for example, EIDHR staff working document, section 6
    96
    11th EDF climate contributions increased from 3.3% in 2014 to 23.3% in 2016 and DCI climate change
    contributions increased from 17.7% in 2014 to 24.9% in 2016. Source: Indicator 12b, EU international cooperation and
    development results framework with input from the OECD DAC Creditor Reporting System.
    54
    to be done to integrate these areas across all sectors in view of the scale of the
    challenges97
    . Mainstreaming human rights issues including gender equality and women's
    empowerment is still a work-in-progress although some positive messages have emerged
    from the study98
    on the implementation of the EU gender action plan II, in particular for
    the IcSP. Overall, the external evaluations have shown partner governments' lack of
    interest or resistance to working in support of human rights often presents a major
    challenge in implementation.
    Efficiency
    The level of administrative expenditure points to an efficient management of the
    instruments’ respective budgets99
    .
    While overall organisational performance may be efficient, some interested parties
    consider the implementation of the instruments in some cases as administratively
    burdensome. The Commission is perceived by some stakeholders as being more focused
    on process rather than on policy objectives and results. Requirements such as
    mainstreaming different policies and fulfilling international commitments such as
    ownership and partnership imply heavy processes. Other regulations (such as the
    Comitology Regulation100
    ) add to the complexity and length of time needed to implement
    the instruments.
    Modest efficiency gains were made in comparison to the instruments from the 2007-2013
    MFF. For example by reducing the number of DCI thematic programmes from five to
    two, although rigidities remains within the global public goods and challenges
    programme since five different budget lines were created. Some efficiency gains
    resulting from the simplification processes (such as the use of national strategies rather
    than EU country strategies and that joint programming documents can replace multi-
    annual indicative programmes if quality criteria are met) were introduced for DCI, EDF,
    ENI and IPA II programming processes.
    For geographic instruments, a lengthy programming process is in place to safeguard
    principles of ownership and partnership. In the case of the EDF, the procedures also
    include involvement of the National/Regional Authorising Officers whose function is
    often seen as hampering effectiveness and efficiency, in particular at regional level. An
    97
    See for example, DCI and EDF staff working documents, section 5
    98
    EU gender action plan 2016-2020 at year one: European implementation assessment by the European Parliament:
    http://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_STU%282017%29603256 57 The
    gender action plan 2016-2020 is the EU's framework for promoting gender equality and women and girls'
    empowerment in external relations in external relations. The above-mentioned European implementation assessment
    by the European Parliament states that the EU has mainstreamed the notion of gender equality and women's
    empowerment in partner countries and has taken on board a number of lessons identified from the previous identified
    from the previous Gender Action Plan (2010-2015). The IcSP was particularly commended on results to date in terms
    of engagement with women’s NGOs/CSOs on the “whole of society” approach.
    99
    See staff working document accompanying the document '2016 Annual Report on the implementation of the
    European Union's instruments for financing external actions in 2015', SWD(2016)456 final of 19 December 2016.
    100
    Comitology refers to a process by which committees made of representatives from Member States assist in the
    making, adoption and implementation of EU laws. See Comitology Regulation: http://eur-lex.europa.eu/legal-
    content/EN/ALL/?uri=celex%3A32011R0182
    55
    explanation often given relates to capacity issues despite regular support in capacity-
    building101
    .
    The establishment of the Common Implementation Regulation was a new, simplifying
    feature of the 2014-2020 MFF for the EU-budget instruments covered by this report,
    which was largely replicated in the 11th EDF implementation regulation. By harmonising
    rules and limiting differences of interpretation across the external financing instruments,
    the external evaluations point to efficiency gains thanks to the Common Implementation
    Regulation, albeit on a modest scale. Under, for example, the EIDHR (in specific cases)
    and especially the IcSP, direct award of funding speeds up implementation in situations
    of crisis or urgent need.
    Internal coherence, external coherence, complementarity and synergies between
    external financing instruments
    Each external financing instrument has its own specific scope either based on the issues
    of substance it addresses (e.g. the EIDHR, INSC, IcSP, and PI) or in terms of
    geographical focus (the DCI, EDF, ENI, GD, and IPA II).
    Three instruments are clearly designed to complement others through their distinct
    implementation modalities:
    1) EIDHR (independent and flexible actions);
    2) IcSP (for quick response with short and long-term actions); and
    3) PI (actions in the EU and/or mutual interest that are not possible to fund under the
    DCI, ENI or IPA II).
    The internal coherence within the instruments is largely satisfactory because of revised
    geographic programming instructions, sector concentration, appropriate decision-making
    processes and improved quality review systems. However, significant variations can be
    observed at the level of EU delegations.
    The evaluation staff working documents provide some examples of complementarities
    between the instruments. For example, the EIDHR and the PI support certain actions that
    other geographic instruments are not able to finance, such as direct cooperation with civil
    society organisations on human rights issues or cooperation with industrialised
    countries102
    .
    Effective synergies between the IcSP (with its ability to provide short-term reactions
    without programming) and the geographic instruments were also found. Although
    effective follow-up is hampered by the lack of flexibility in procedures of most other
    instruments which are bound by long programming periods103
    .
    101
    See EDF staff working document, section 5
    102
    Including with some strategic partner countries such as Brazil, China, India and Mexico
    103
    See IcSP staff working document, section 5
    56
    Nevertheless, overall coherence between instruments could be further improved, in
    particular by streamlining the instruments to reduce the boundaries between geographic
    (the 11th EDF, ENI, DCI, and IPA II) and thematic instruments/programmes (thematic
    programmes within the DCI, IcSP and PI) which can both intervene in the same areas104
    .
    The specific scope of the geographic instruments has made it difficult to engage
    strategically and coherently with some partner countries. Three geographical instruments
    are used to engage with Africa (the EDF, DCI and ENI) and cooperation at continental
    level is funded both from the DCI (the Pan African programme) and with a slightly
    reduced scope from the 11th EDF (intra-ACP programme)105
    . Similarly, it has proven
    difficult to build bridges between regions as, for example, EU relations with the
    Caribbean and Latin America are covered both by the DCI and the EDF.
    Policy Coherence for Development106
    has gained momentum. The analysis of trade
    policy support to development in regional cooperation shows an increasing attention to
    the trade/development nexus.
    On geographic instruments (the DCI, ENI and 11th EDF), in terms of coherence between
    partner country and EU priorities, some external evaluations mention tendencies towards
    predominantly EU driven agendas during the programming. This was despite the
    extensive consultation of interested parties during programming and project
    implementation, and, in particular in the EDF, the co-signature of the multi-annual
    programming documents and annual actions. This apparent trade-off between EU
    interests/international values and partnership principles should be seen within the new
    policy context of the universally agreed 2030 Agenda/SDGs107
    .
    Added-value
    A combination of several factors explains the added-value of the EU's instruments108
    :
     the EU's competence or expertise109
    ;
     the EU's nature as a supranational entity, and the relative neutrality, political
    influence and leverage this potentially entails110
    ;
    104
    See coherence report, paragraph 33
    105
    In addition, the IcSP crisis response component devoted 33% of its funds to Africa during the period under review.
    106
    Through Policy Coherence for Development, the EU seeks to take account of development objectives in all of its
    policies that are likely to affect developing countries. It aims at minimising contradictions and building synergies
    between different EU policies to benefit developing countries and increase the effectiveness of development
    cooperation. Policy coherence in support of development objectives was first integrated in EU fundamental law in
    1992 and further reinforced in the Treaty of Lisbon (Art. 208 Treaty on the Functioning of the EU) making the EU a
    forerunner on the international stage in this area. See 5th EU Policy Coherence for Development report, 2015:
    https://ec.europa.eu/europeaid/policies/policy-coherence-development_en
    107
    See coherence report, paragraph 51-53
    108
    See coherence report, paragraph 37 and section 5 of the staff working documents
    109
    See for example the IPA II staff working document, section 5 on the centres of thematic expertise created by the
    Commission. Or the PI staff working document, annex 3
    110
    The EU is largely perceived by partners as an actor not defending or advancing the interests of a particular country,
    which is important for the EU as a peace and security actor under IcSP crisis response and for Election Observation
    Missions under EIDHR.
    57
     geographical spread of some instruments111
    including the presence in fragile
    contexts where there are fewer development partners and the significant volume
    of funds available112
    ,
     the scope of the instruments and modalities (such as budget support, grants,
    indirect management, blending facilities and rapid decision-making for crisis
    response); and
     (v) the ability of the EU to lead on joint actions (i.e. joint programming and joint
    implementation), especially with Member States.
    Additional factors are that the instruments can be used to intervene at various levels (i.e.
    national regional, continental), the predictability of funds (especially the EDF which is
    not subject to the annuality rule of the EU budget113
    ), the emphasis placed on regional
    cooperation114
    and the unique position of the EU to prepare accession countries for EU
    membership through the IPA.
    More specialised instruments have specific added-value linked to their scope. For
    example, the IcSP’s speed, flexibility and capacity to adapt to evolving contexts, and
    presence in zones where other actors are absent, and the EIDHR actions in sensitive
    human rights situations without needing partner governments' consent.
    Leverage effect
    Conditions are in place for the instruments to enable a strengthened policy dialogue at
    country level, in particular when programmes are implemented through budget
    support115
    . The PI substantiates policy dialogues/partnerships with third countries
    through support of specific cooperation activities (based on mutual interest) which help
    to promote EU interests and create a unique political leverage116
    .
    Another important leverage effect stems from the donor coordination role the EU
    Delegations play: fostering complementarity and coherence between different EU actors
    and increasing the visibility of the EU. This is particularly true where joint programming
    processes have been launched117
    .
    The specialised instruments also engage in targeted policy dialogue, for example through
    the INSC or the EIDHR on election observation. The IcSP contributed to leverage the
    EU's policy dialogue in increasing donor funds spent in a conflict-sensitive manner118
    .
    111
    EIDHR's worldwide scope, including Election Observation Missions and the PI (albeit focused on strategic
    partners).
    112
    Especially the EDF and the thematic component of the DCI
    113
    Annuality is the budgetary principle according to which expenditure and revenue are programmed and authorised
    for one year, starting on 1 January and ending on 31 December. Source: Article 9 of Regulation 966/2012 on the
    financial rules applicable to the general budget of the Union: http://eur-lex.europa.eu/legal-
    content/EN/TXT/PDF/?uri=CELEX:32012R0966&from=EN
    114
    See IPA II staff working document, section 5
    115
    See IPA II and ENI staff working document, section 5
    116
    See PI staff working document, section 5
    117
    See external evaluation on Joint Programming: https://ec.europa.eu/europeaid/evaluation-eu-joint-programming-
    process-development-cooperation-2011-2015_en
    118
    See IcSP staff working document, section 5
    58
    The evaluations also point to some drawbacks for the political leverage exerted in terms
    of enhanced policy dialogue on human rights and fundamental values. The drawbacks
    were linked in particular to a decreasing acceptance of the liberal democratic model of
    development, the diminishing importance of official development assistance and the
    emergence of new actors119
    .
    The instruments' financial leverage varies from case to case. Overall it is reasonably
    high, thanks mainly to blending facilities (i.e. for DCI, EDF, ENI and IPA)120
    . The
    creation of trust funds has also resulted in financial leverage, even if not always at the
    expected level.
    Scope for simplification
    Cost-efficient and effective delivery mechanisms are essential to improve the
    instruments' performance. The Commission has embarked on a simplification process
    through the revision of the multi-annual programming guidelines and annual decision
    procedures. Nevertheless, the overall number of instruments as well as some instruments
    in particular was still viewed by interested parties as complex, administratively
    burdensome and lacking financial flexibility. The detailed budget distribution included in
    the DCI both for geographic and thematic programmes adds to the complexity and
    rigidity of the instrument, making the possibilities to transfer funds between objectives
    and for changing priorities within the instrument difficult, in particular when there is a
    need to face emergencies and crises.
    Before the 2014-2020 Multi-annual Financial Framework, each instrument had its own
    implementing rules which led to divergences in their implementation. The Common
    Implementing Regulation, to which the EDF implementing regulation is largely aligned,
    contributed to the simplification agenda in that it prevented divergences and problems in
    interpretation. Since 2014, the continued simplification efforts in external relations have
    been focused on eliminating unnecessary burdens, increasing flexibility and reducing
    complexity for external partners at implementation level.
    Contribution to a consistent EU external action
    The EU ensures the security and prosperity for Europeans by actively engaging on the
    world stage, to promote its interests and uphold the values of democracy, the rule of law
    and protection of human rights. EU external action policies include international
    commitments such as the 2030 Agenda and the Paris Agreement on climate change,
    together with the Global Strategy for the EU's Foreign and Security Policy, the new
    European Consensus on Development, the renewed EU-Africa partnership, the reviewed
    European Neighbourhood policy, the Enlargement policy and the Consensus on
    Humanitarian Aid, among others, which taken together provides the necessary
    framework for the EU to achieve its objectives.
    119
    See coherence report, box 1
    120
    See for example, EDF and DCI staff working documents, section 5
    59
    To meet these objectives, the EU toolbox for external policies encompasses development
    cooperation, diplomacy, peace, security and defence actions, economic cooperation,
    enlargement, humanitarian aid and civil protection, enhanced neighbourhood relations,
    macro-financial assistance, partnership on global challenges and trade.
    Furthermore, to improve the EU's effectiveness in supporting stability, security and
    sustainable development in partner countries the Commission adopted a proposal to
    amend the IcSP Regulation. The amendment closes the gap identified in the EU's ability
    to provide support when building EU partners' capacities in the security sector and would
    enable the EU to support military actors, under exceptional and clearly defined
    circumstances.
    Through the use of joint programming with Member States and other donors, a more
    coherent and visible EU response to partner countries' development has been created. A
    specific evaluation published in March 2017 found progress on joint programming with
    Member States showing that, despite still being in its early stages, it is valuable for the
    EU and its Member States121
    . Challenges linked to ensuring ownership of the process and
    results by partner countries would need to be further addressed.
    On civil society in partner countries, although the geographical instruments work mainly
    with their authorities, cooperation with civil society organisations remains a constant
    feature across the instruments with a view to contributing to reinforcing the
    organisations’ capacity and to a civil society that is able to promote reforms and hold
    governments to account. Some instruments and programmes, such as the EIDHR and the
    DCI CSO/LA are primarily intended to support civil society.
    The close interconnection between internal and external policies is self-evident, for
    instance, with the migration crisis where the coordination and complementarity between
    instruments was necessary. EU internal policy priorities have been integrated, to the
    extent possible, in external actions in a coherent and consistent way, in order to safeguard
    EU interests and promote mutual interest solutions and also benefited from the specialist
    focus of PI on the internal/external policy nexus.
    To properly address external interest and achieve global objectives stronger collaboration
    between EU internal and external services have been pursued91 to ensure coherent
    approaches and to avoid duplication and overlaps. To help reinforce coherence, to ensure
    that EU actions are mutually reinforcing and to avoid contradictory approaches, external
    services need to have a more complete picture of the activities that take place outside the
    EU, in particular on global challenges such as climate change, biodiversity or the fight
    against terrorism. The current multiple programming documents covering a given
    country/region/continent make it difficult to have a clear overview of external actions.
    Contribution to EU priorities for smart, sustainable and inclusive growth
    121
    See external evaluation of EU Joint Programming Process of Development Cooperation (March 2017)
    http://ec.europa.eu/europeaid/evaluation-eu-joint-programming-process-development-cooperation-2011-2015_en
    60
    Smart, sustainable and inclusive growth is at the heart of the EU’s external assistance.
    The instruments contribute to smart growth through support to trade-related projects and
    the development of collective approaches on climate change and environment.
    In line with the Agenda for Change122
    that aims to significantly increase the impact and
    effectiveness of the EU’s external assistance, EU assistance at country level has to focus
    on three or fewer sectors of concentration in most partner countries. EU support has since
    been more focused on the two priority areas of the Agenda for Change, one of those
    being inclusive and sustainable growth for human development.
    IPA II has a clear objective of enhancing its beneficiary countries' economic and social
    development with a view to attaining the targets set in the Europe 2020 strategy for
    smart, sustainable and inclusive growth. The development instruments have a strong
    focus on smart, sustainable and inclusive growth as reflected in the actions adopted in the
    various Annual Action Programmes123
    . The PI also contributes to these EU priorities as
    does the Greenland Decision. On the PI, one of its specific objectives is the promotion of
    the international dimension of the Europe 2020 strategy in all its aspects (e.g. jobs,
    growth, and investments, SMEs).
    Since 2008 the Commission has been setting up blending facilities in different regions of
    the world, resulting in the leveraging of investments, to promote sustainable economic
    development. These blending operations have covered different areas of intervention
    (infrastructure projects, Micro, Small and Medium Enterprise financing, etc.) and the
    value added they generate varies according to the specific additionality objective they are
    meant to address, as well as to the economic conditions in the given country of
    operations (e.g. macroeconomic framework, conducive business environment, investment
    climate).
    Long-term impact
    The external evaluations have highlighted that there are obvious difficulties in measuring
    the long-term impact of the instruments at the mid-point of their implementation, as some
    of them have only recently started implementing a significant number of projects and
    programmes and baselines have, in many cases, not yet been established.
    Nevertheless, some evaluations were able to look at achievements under previous
    instruments to show positive trends in key indicators. For example, the DCI supported
    the drafting of 50 national and regional climate strategies over the last years; in
    Neighbourhood countries, and despite difficult circumstances (e.g. the global economic
    crisis, regional crises, civil wars, terrorism, and the migration crisis), some countries
    showed significant progress in certain governance areas (e.g. Georgia in the area of
    public administration). For the PI the mid-term evaluation concludes that the support
    deployed is on track to deliver the expected impacts.
    122
    COM (2011) 637, 13 October 2011
    123
    See Commission 2016 Annual Report on the implementation of the European Union's instruments for financing
    external actions in 2015, SWD (2016) 456 final of 19 December 2016
    61
    Performance against the current set of objectives contained in the instruments is
    dependent on various external factors outside the control of the instruments, such as
    national ownership, political will and a country's administrative capacity. The cost of
    non-action or late action in external relations would be catastrophic if instability, conflict
    and war were to increase, in particular in the EU’s Neighbourhood, with potential spill-
    over effects for the EU itself.
    Evaluation results for Humanitarian Aid
    The independent comprehensive evaluation of the European Union humanitarian aid
    during the period 2012-2016124
    concluded that the Commission-funded humanitarian
    actions were overall needs-based and implemented in line with humanitarian principles.
    The actions made an important contribution to the core objectives to save lives, reduce
    morbidity and suffering as well as improve dignity of life of the populations affected by
    disasters. The evaluation found that the scale of funding dedicated to humanitarian aid
    actions allowed the EU to have a real impact on the ground, addressing the needs of a
    significant number of beneficiaries in a large number of countries and regions. Positive
    impact on the ground was also found in regions where funding allocations were more
    limited, thanks to the selection of projects with high leverage or multiplier effect
    potential.
    EU added value was found primarily in the very fact that the EU's humanitarian aid
    funding helps address humanitarian needs around the globe. In a global context where
    needs largely outpace the available resources, stopping EU humanitarian aid funding
    would leave a significant proportion of humanitarian needs globally unaddressed. EU
    added value was also found in relation to the Commission’s use of a global field network
    (key unique factor compared to other donors), the focus on forgotten crises and the
    politically independent and principled approach.
    The evaluation confirmed that the current configuration allows for a rapid response to
    crisis situations as they develop and to new needs as they emerge. It ensures the
    necessary flexibility, adequate expertise, relevance, efficiency and cost-effectiveness.
    The evaluation pointed to the fact that there is a clear and consistent approach towards
    the humanitarian principles. It also noted that keeping EU humanitarian aid separate from
    other external policy instruments supports its independence.
    This is also supported by stakeholders at all levels125
    , including the European Parliament.
    The [DEVE Committee report] on the implementation of the Development Cooperation
    Instrument, the Humanitarian Aid Instrument and the European Development Fund
    insists on the need to ensure that humanitarian aid is not instrumentalised and that the
    humanitarian principles are respected. The report also calls for the recognition of the
    124
    http://ec.europa.eu/echo/funding-evaluations/evaluations/geographic-
    evaluations_enhttp://ec.europa.eu/echo/funding-evaluations/evaluations/geographic-evaluations_en
    125
    The evaluation included a wide-range of stakeholders' consultations, including an Open Public Consultation.
    62
    specificity of humanitarian aid in the EU budget and recommends, therefore, keeping a
    separate instrument and budget for humanitarian aid.
    Evaluation results of the External Lending Mandate (ELM)
    An independent external evaluation undertaken in 2016 found that the ELM enabled the
    European Investment Bank (EIB) to support EU external policy objectives and to
    respond to a number of challenges that have arisen during the course of the current
    mandate (2014-2020). It found that all the operations under the current ELM since its
    inception in July 2014 are fully aligned with the three high-level objectives set out in the
    ELM Decision. It also found that the three objectives themselves are aligned with the
    Sustainable Development Goals and that the ELM has supported the EU external policy
    agenda, showing sufficient flexibility and reactivity to new geopolitical challenges as
    demonstrated in Syria, Ukraine, Egypt and Morocco (the Arab Spring) and Jordan (the
    refugee crisis). The ELM has enabled the EIB, alongside other development partners, to
    play a positive role in the economic and political stabilisation of these countries hit by
    political crises. The consistency of the ELM with EU external, climate and allocation
    policies is ensured through regularly updated regional guidelines.
    The evaluation also concluded that the ELM has substantially contributed to the EU's
    climate change-related objectives, especially in terms of climate change mitigation. ELM
    operations enabled the saving of an estimated 1.35 Mt CO2-eq/year of GHG emissions
    based on operations signed between July 2014 and December 2015. EIB lending volumes
    exceed the quantitative target of 25% and even the target of 35% by 2020.
    The evaluation concluded that without the EU guarantee, the EIB would not have
    financed most of the projects it considered since the recipient countries were too risky for
    the EIB to lend to on its own risk. The financial added value of ELM financing
    operations is substantial compared to the private sector both in terms of the interest rate
    and longer maturity. Moreover, there is clear evidence of non-financial benefits for the
    final beneficiaries generated by EIB lending under the ELM: technical assistance,
    promotion of good financial standards within the local banking sector, procurement
    standards, etc.
    ELM projects often take place in less developed markets with higher risks and more
    complex challenges. The EIB's added-value in these markets is often its ability to
    mobilise finance on terms that are not normally readily available in these markets (e.g.
    longer loan tenors, grace period, etc.). In addition, the EIB brings further added value by
    using its signalling power to crowd-in private sector investors.
    A further mid-term evaluation required by recent amendments to the ELM Decision is
    ongoing and will be published before mid-2019. It will examine the ELM's capacity to
    crowd-in private investment, synergies with existing financial instruments and
    institutions, presence of experts on the ground, etc.
    Evaluation results for Macro Financial Assistance
    63
    All MFA operations are subject to an ex post evaluation, which is normally carried out
    within two years from the end of the availability period defined in the legislative decision
    granting assistance. The objective is twofold: (i) to analyse the impact of MFA on the
    economy of the beneficiary country and in particular on the sustainability of its external
    position; (ii) to assess the added value of the EU intervention.
    The evaluations carried out so far conclude that MFA operations do contribute, albeit
    sometimes modestly and indirectly, to the improvement of external sustainability, the
    macroeconomic stability and the achievement of structural reforms in the recipient
    country. In most cases, MFA operations had a positive effect on the balance of payments
    of the beneficiary country and contributed to relax their budgetary constraints. They also
    led to a slightly higher economic growth. A few examples of recent ex-post evaluations
    of MFA operations:
    - ON MFA I and II in Ukraine: "The main conclusions from the evaluation are that the
    MFA, in part because of the sped of its deployment, had a positive impact on Ukraine’s
    economy helping to stabilize the financial situation and avoided measures (such as
    further public spending cuts) that would have had serious negative social impacts. It also
    contributed to the reform effort in the country"
    On MFA I in Jordan: "The evaluation concluded that the MFA, combined with a
    simultaneous IMF SBA programme, effectively contributed to the timely stabilization and
    the medium-term sustainability of Jordan’s external financial and fiscal positions;[…],
    EU added-value was most prominent in reinforcing the promotion of structural reforms
    in several EU priority areas and in addressing short and medium-term social
    challenges".
    An ex post evaluation for the MFA programme in the Kyrgyz Republic is currently
    ongoing and is expected to be finalised in 2018. Additionally, ex post evaluation for the
    MFA programmes in Tunisia I and Georgia II will be launched in mid-2018.126
    126
    All final reports of completed ex-post evaluations of MFA operations are published on
    http://ec.europa.eu/dgs/economy_finance/evaluation/completed/index_en.htm
    64
    Annex 4: Broad instrument - description of the programmes
    covered
    Common Implementing Regulation
    The CIR is not a financing instrument, but a regulation for the implementation of the
    financing instruments under its scope127
    . While each of the external financing instruments
    determine the objectives, scope, programming, financial envelope and process for
    allocation of funds for the respective policy they implement, the CIR provides a set of
    common rules and procedures applicable to project formulation, implementation,
    evaluation and audit. The CIR is not a standalone regulation: its provisions are
    heterogeneous and vary from some procedural/technical provisions which complement
    the Financial Regulation, to some overarching cross-cutting policy-commitments (on
    diverse punctual topics, such as accessibility for persons with disabilities, rule of law or
    environmental screening) which complement the commitments made in each external
    financing instrument.
    In the MFF 2007-2013, each individual External Financing Instrument contained its own
    implementing rules. The CIR's primary achievement hence lies in the establishment of
    common rules, thereby ruling out the divergences which existed previously between the
    pre-2014 External Financing Instruments. The particularity of the CIR being that it is
    merely ancillary to the External Financing Instruments through which it operates, the
    2014-2020 impact of the CIR beyond this harmonisation-aspect, is difficult to assess128
    .
    Development Cooperation Instrument
    The DCI 2014-2020 is the EU's main financing instrument within the EU budget
    available to support its development policy. It is complementary to the EDF which is
    funded outside the EU budget and specifically covers African, Caribbean and Pacific
    countries. The aim of the DCI is to finance actions aimed at the eradication of poverty
    and provide a long-term response to global threats/challenges in countries included in the
    DAC-OECD list of aid recipients. Approximately129
    24% of the programme will be spent
    on sustainable agriculture, food and nutrition security; 14% on natural resources and
    environment; 11% on Civil Society Organisations and 11% on education. Unlike other
    external financing instruments, the actions under the DCI must be designed to fulfil the
    criteria for Official Development Assistance130
    .
    127
    \The CIR applies to the Heading 4 external financing instruments under the EU budget. It does not apply to the EDF
    although the EDF’s own implementation rules largely reflect those in the CIR.
    128
    The qualitative and quantitative appreciation of the functioning of the CIR can only be based on the qualitative and
    quantitative results seen in the functioning of the various External Financing Instruments;
    129
    Based on programmed amounts.
    130
    A few exceptions exist in the case of the thematic global public goods and challenges programme and the pan-
    African programmes, where a limited percentage (5 and 10 % respectively) can be used for non-Official Development
    Assistance.
    65
    European Development Fund
    The 11th
    European Development Fund is funded by EU Member States outside of the EU
    budget. It is the EU's main financing instrument for providing development aid to the
    ACP countries and the Overseas Countries and Territories (OCTs). The objectives of the
    EDF are to reduce and eventually eradicate poverty in the ACP countries, and to attain
    sustainable development of the OCTs. With total financial resources of EUR 30.5 billion,
    the EDF is the largest of all EU's external financing instruments in terms of volume,
    representing the equivalent of almost half of the Multiannual Financial Framework
    Heading 4 'Global Europe' of EUR 66.26 million for the same period. Approximately131
    21% of the programme will be spent on sustainable agriculture, food and nutrition
    security, 11% on infrastructure and transport, 10% on energy and 8% on natural
    resources and environment.
    Key features of the EDF includes its substantial reserve: 20% of its geographic
    programme is unallocated compared with only 6% for the DCI meaning it can respond
    quickly to emerging challenges; it is able to move unused funds from one year to the next
    (multi-annuality), enhancing flexibility to respond to evolving needs; and its off-budget
    nature permits the funding of actions that could not otherwise be financed (e.g. support to
    peace keeping operations).
    European Instrument for Democracy and Human Rights
    The EIDHR 2014-2020 with EUR 1.33 billion, the equivalent of EUR 190 million per
    year, is the EU's financing instrument dedicated specifically to the promotion and support
    of democracy and human rights, allowing for assistance to be provided independently of
    the consent of the third countries' governments and public authorities. The EIDHR
    focuses, in complementarity to other EU financing instruments, on urgency situations
    where human rights and fundamental freedoms are most at risk and where disrespect for
    human rights is particularly pronounced and systematic. The EIDHR mandate is
    worldwide, with the exception of the EU Member States. In order to be able to respond in
    a flexible and timely manner, the EIDHR enjoys a number of more flexible
    administrative procedures and is untied. The EIDHR is mainly (not exclusively)
    implemented through civil society organisations and in support of civil society.
    Approximately 20-25% of the instrument is spent on Support to human rights and human
    rights defenders in situations where they are most at risks; 20-25 % on other EU
    priorities in the field of human rights; 15-20% on support to democracy, 25% on EU
    Election Observation Missions, and 5-10% on support to targeted key actors, including
    international and regional human rights instruments and mechanisms.
    European Neighbourhood Instrument
    The European Neighbourhood Instrument implements the European Neighbourhood
    Policy. With an envelope of EUR 16.49 billion for the period 2014-2020, it aims at
    further advance towards an area of shared prosperity and good neighbourliness involving
    131
    Based on programmed amounts
    66
    the EU and 16 countries and territories. The ENI as financial instrument is based in Art.
    208 and 208 TEU but it underpins the pursuit of Art. 8 of the TEU. Accordingly the ENI
    promotes enhanced political cooperation, deep and sustainable democracy, progressive
    economic integration and a strengthened partnership with societies between the Union
    and the partner countries and, in particular, the implementation of partnership and
    cooperation agreements, association agreements or other existing and future agreements,
    and jointly agreed action plans or equivalent documents.
    The ENI features traditional bilateral and multi-country programmes (including those
    specifically based on the priorities of the Eastern Partnership and the southern dimension
    of the ENP as well as an ENI-wide dimension), along with cross-border cooperation
    programmes. The latter is unique to the ENI and IPA II instruments, and addresses
    cooperation between one or more Member States, on the one hand, and one or more
    partner countries and/or the Russian Federation, on the other hand, taking place along
    their shared part of the external border of the Union. The ENI makes use of a
    differentiated approach and it establishes country specific frameworks for bilateral
    cooperation in the form of Partnership Priorities, Association Agendas and Action Plans.
    The ENI employs an incentive-based approach ("more for more") to reward progress in
    key areas of cooperation.
    European Sustainable Development Fund
    The EFSD guarantee is established by Regulation (EU) 2017/1601 of the European
    Parliament and of the Council of 26 September 2017 establishing the European Fund for
    Sustainable Development (EFSD), the EFSD guarantee and the EFSD guarantee fund.
    The European Fund for Sustainable Development (EFSD) aims to support investments
    primarily in Africa and the Union’s Neighbourhood as a means to contribute to the
    achievement of the Sustainable Development Goals of the United Nations (UN) 2030
    Agenda for Sustainable Development (the ‘2030 Agenda’), in particular poverty
    eradication, as well as the commitments under the recently revised European
    Neighbourhood Policy. By supporting such investments, the EFSD aims to address
    specific socioeconomic root causes of migration, including irregular migration, and to
    contribute to the sustainable reintegration of migrants returning to their countries of
    origin and to the strengthening of transit and host communities.
    The EFSD is composed of regional investment platforms, which have been established
    on the basis of the working methods, procedures and structures of the external blending
    facilities of the Union and which should combine their blending operations and the EFSD
    Guarantee.
    The guarantee should give priority to funding projects which have a high impact on job
    creation and whose cost-benefit ratio enhances the sustainability of investment. In order
    to fulfil the political commitments of the EU on climate action, renewable energy and
    resource efficiency, a minimum share of 28 % of the financing under the EFSD
    Guarantee should be devoted to investments relevant for those sectors.
    The EFSD guarantee shall be used to cover the risks from loans, guarantees, counter-
    guarantees, capital market instruments as well as any other form of funding or credit
    enhancement, insurance, and equity or quasi-equity participations for a maximum
    67
    amount of EUR 1.5 billion. The provisioning rate shall be at 50 % of total guarantee
    obligations.
    The guarantee will be implemented through ''investment windows'', targeted amounts for
    specific regions and/or sectors. So far, five investment windows have been set up. All of
    them cover the two regions under the EFSD (Africa and Neighbourhood) and have a
    specific sector focus: sustainable energy, MSMEs financing, sustainable cities,
    sustainable agriculture and digitalisation.
    External Lending Mandate
    The European Investment Bank (EIB) is 'the EU bank' and the largest multilateral
    borrower and lender in the world. In addition to its main mission to contribute to the
    development of the internal market, the EIB is also a major partner in pursuing the EU's
    external objectives: about 10% (approx. EUR 8 billion) of its annual activity takes place
    outside the EU. Given the EIB's policy to maintain its AAA-rating, the EIB's ability to
    lend outside the EU in support of EU policy objectives using its own resources is limited
    to relatively lower-risk projects. Under the External Lending Mandate (ELM) the EIB
    can benefit from an EU guarantee on part of its lending outside the EU, excluding those
    countries covered by the ACP Investment Facility. The ELM thus enables the EIB to
    support EU external policy objectives in a wider range of countries by investing in
    projects which the EIB would be otherwise unable to finance. For most projects in the
    private sector, the guarantee covers political risk only. For projects in the public sector
    and a limited number of projects in the private sector, the EU provides a comprehensive
    guarantee. Following recent amendments to the ELM Decision, the maximum amount of
    the EU guarantee has been increased to EUR 32.3 billion over the period 2014-2020,
    with sub-ceilings for each region.
    EIB loans guaranteed by the EU under the ELM must meet one of four high level
    objectives: 1) local private sector development, in particular support to micro, small and
    medium-sized enterprises (MSMEs); 2) development of social and economic
    infrastructure, including transport, energy, environmental infrastructure, and information
    and communication technology; 3) climate change mitigation and adaptation; and 4) the
    long-term economic resilience of refugees, migrants, host and transit communities, and
    communities of origin as a strategic response to addressing root causes of migration.
    Regional integration among beneficiary countries and between beneficiaries and the EU
    is an underlying objective.
    The ELM allows the EIB to grant large amount of loans with a limited impact on the EU
    budget. This is due to the mechanism whereby the Guarantee Fund which cushions the
    EU budget against calls under the ELM need only be provisioned at a rate of 9% of the
    EU's total outstanding liabilities under the ELM and two other (smaller) programmes
    including Macro Financial Assistance and Euratom loans.
    68
    Instrument Contributing to Stability and Peace
    The Instrument contributing to Stability and Peace (IcSP) with an envelope of EUR
    2,366 million is primarily devoted to crisis response, conflict prevention and peace
    building actions. The IcSP makes non-programmable funding available in a timely,
    flexible way thereby providing a tool to address crisis or emerging crisis situations from
    a political perspective and allowing the EU to fulfil its Treaty mandate to preserve peace,
    prevent conflicts and strengthen international security. In addition, programmable
    funding is provided to structural peace building and crisis preparedness actions alongside
    support to reinforce third countries' capacity to deal with global risks and threats,
    ultimately ensuring long-term stability. The IcSP is a crucial tool for the EU as a
    respected and effective peace and security actor and underpins EU crisis response
    policies with quick and flexible action.
    Macro Financial Assistance
    Macro-Financial Assistance (MFA) is an EU financial instrument designed to address
    exceptional external financing needs of countries that are geographically, economically
    and politically close to the EU. It is conditional on the existence of an adjustment and
    reform programme agreed with the International Monetary Fund (IMF), and can take the
    form of either loans, for which the Commission borrows the necessary funds in capital
    markets and on-lends them to the beneficiary country, or, under certain circumstances,
    grants financed by the EU budget. MFA operations are triggered by balance-of-payments
    crises within a country; the instrument thus delivers assistance of 'last resort'.
    MFA has successfully contributed to both short-term stabilisation and medium- to long-
    term economic stability of countries around the EU’s borders. This dual impact, which
    has been confirmed by ex-post evaluations, is derived from the instrument’s two-pronged
    approach. Its primary and most immediate goal is to help countries overcome acute
    economic crises by filling an external financing gap and thereby restoring an adequate
    international reserve position. The second objective is to spur lasting change through
    structural and economic reforms; this contribution to medium- and long-term
    stabilisation is achieved through policy conditionality. The acute need of beneficiary
    countries for emergency funding tends to increase the traction of MFA conditionality
    compared with non-emergency, programmable support instruments. Thus, MFA endows
    the EU with significant policy leverage in beneficiary countries. Importantly, through its
    stabilisation and reform impetus in favour of a sound macroeconomic environment, MFA
    also supports the efficiency of other EU financing instruments.
    MFA is available to accession and pre-accession countries, as well as countries covered
    by the European Neighbourhood Policy. The instrument's geographical scope reflects not
    only the regional priorities of EU external policy, but also the economic imperative to
    support economic stability in the EU's neighbourhood, which could otherwise be a source
    of negative spillovers to the EU economy. In this sense, MFA is part of the "network" of
    financial instruments contributing to the macro-financial stability of the EU, along with
    69
    the financial stability instruments put in place for EU Member States (the EFSM/BoP
    facilities and ESM).
    Each MFA operation requires the adoption of a stand-alone legislative decision by the
    European Parliament and the Council, on a proposal by the Commission. A previous
    proposal by the Commission of a Framework Regulation for MFA of 2011, which would
    have laid down the key features of the instrument and streamlined the decision-making
    process, was rejected by the co-legislators, as they were not prepared to give up their
    decision-making power on individual operations.
    Partnership Instrument
    The PI 2014-2020 with EUR 960 million in total, average annual allocation of EUR xxx
    million, is designed to pursue policy and political cooperation and alliance-building on
    issues of own/mutual interest with partner countries and challenges of global concern.
    The PI has world-wide coverage and is not subject to requirements for Official
    Development Assistance (ODA). It is designed to support the EU as a global actor
    partnering with third countries - notably middle-income countries and in particular
    strategic partners - on a peer-to-peer basis. The PI addresses four specific objectives:
    1) Promotion of EU bilateral, regional and inter-regional cooperation partnership
    strategies by promoting policy dialogue and by developing collective approaches and
    responses to global concerns;
    2) Implementation of the external dimension of 'Europe 2020';
    3) Improvement of access to partner country markets and boosting trade, investment and
    business opportunities for EU companies and elimination of barriers to market access and
    investment; and
    4) Enhancement of widespread understanding and visibility of the EU and thereby
    promotion of its values and interests via public diplomacy actions. The PI also
    contributes to the Erasmus+ programme.
    70
    Annex 4a Additional information on Macro-Financial
    Assistance
    MFA is not a programmable instrument; it is intended for exceptional circumstances and
    has been used to address key crises in the EU's neighbourhood. Future crisis moments
    will need to be catered for, but cannot necessarily be anticipated – even less so in terms
    of their magnitude – and thus it is difficult to evaluate well in advance the possible
    financing needs. In this respect, it will continue to be important to keep a level of both
    grants and loans sufficient to ensure that possible specific external financing needs,
    including in acute crisis moments, from third countries can be catered for.
    MFA goes beyond budget resources in providing loans, in addition to grants. This
    reinforces the EU's capacity to act as it produces significant financial leverage.
    In this context, it is important to highlight that in the context of the current MFF mid-
    term review, the Commission proposed to increase the lending volume for MFA loans
    substantially, from EUR 0.5 billion to EUR 2 billion per year for the remainder of this
    MFF, precisely to cater for the geopolitical and economic instability of the region, which
    is expected to persist. The Commission proposal was supported by both Council and
    Parliament, and given the importance that has been put on instruments that provide
    positive leverage for external policy priorities the current annual lending volume of EUR
    2 billion as agreed in the current MFF mid-term review is taken as the baseline for also
    the next MFF (post-2020) period. MFA indeed is considered to be a programme with
    strong European added value and high leverage. A future new Guarantee Scheme will
    have to make sure that sufficient provisioning will be earmarked for enabling these
    volumes of MFA loans, so as to safeguard the important leverage capabilities of the
    instrument.
    Although loans provide for the majority of assistance disbursed, in line with the logic
    behind the instrument, grants have proved to be a key element for complementing the
    operations in situations of high vulnerability. Eligibility for MFA grants is guided by the
    Joint Declaration of the European Parliament and the Council of August 2013 and relates
    mainly to the level of development of the recipient country and its debt sustainability
    and/or creditworthiness.
    A sufficiently provisioned MFA grants budget line is a prerequisite for the EU to
    maintain the required flexibility of the MFA instrument and intervene with a suitable
    operation in case of emergency.
    Indeed, in the upcoming MFF post-2020, a number of countries could still require large
    MFA operations, in terms of both loans and grants, to restore BoP and financial stability.
    Some of these might require large interventions from the international community,
    including possibly in the form of grants to support economic reconstruction. Syria, a
    likely future priority, could be such a case. When deciding on any possible cuts or
    reallocations, it should therefore be considered that a cut in the budget for MFA grants
    could increase the risk of the EU being less well prepared for upcoming challenges in the
    71
    neighbourhood and candidate countries. For that reason, the option to use grants in
    exceptional circumstances to incentivise and ensure reform implementation and
    economic stabilisation should be retained, even in a scenario of a fundamental redesign
    of the external action budget; sufficient flexibility for this purpose would need to be built
    into any revamped budget allocation system.
    72
    Annex 4b Additional information on the External Lending
    Mandate
    Table of contents
    1. INTRODUCTION: POLITICAL AND LEGAL CONTEXT............................................................. 73
    2. THE OBJECTIVES ............................................................................................................................ 76
    3. PROGRAMME STRUCTURE AND PRIORITIES........................................................................... 80
    4. DELIVERY MECHANISMS OF THE INTENDED FUNDING ...................................................... 85
    5. MONITORING AND EVALUATION .............................................................................................. 86
    73
    INTRODUCTION: POLITICAL AND LEGAL CONTEXT
    Scope and context
    This annex presents information related specifically to the EIB External Lending
    Mandate (ELM). The ELM is a budgetary guarantee, not a grant-based instrument, so
    specific considerations apply to it beyond the discussion in the main body of this impact
    assessment.
    Introduction to the External Lending Mandate (ELM)
    The ELM supports the European Investment Bank’s (EIB) lending outside the EU in
    support of EU policy objectives.
    The EIB is 'the EU bank' and the largest multilateral borrower and lender in the world. In
    addition to its main mission to contribute to the development of the internal market, the
    EIB is also a major partner in pursuing the EU's external objectives: about 10% (approx.
    EUR 8 billion) of its annual activity takes place outside the EU.
    The EIB's ability to lend outside the EU in support of EU policy objectives is, however,
    limited given its policy of maintaining its AAA credit rating. Under the ELM, the EIB
    can benefit from an EU guarantee on its lending outside the EU in non-ACP countries.
    The ELM thus enables the EIB to support EU external policy objectives in countries with
    higher political risk by investing in projects that the EIB would otherwise be unable to
    finance. For most projects in the private sector, the guarantee covers political risk and not
    commercial risk. For projects in the public sector, the EU provides a comprehensive
    guarantee.
    The ELM therefore increases the firepower of the EIB, allowing it to increase its
    investments outside the EU in support of EU external policy. The current mandate which
    runs from 2014-2020 allows the EIB to lend up to EUR 32.3 billion under the ELM
    guarantee. Eighty-six percent of the overall guarantee ceiling is earmarked for operations
    in the EU's Neighbourhood partners and in Pre-Accession countries. The rest can be used
    in Asia, Latin America and South Africa.
    The ELM enables EIB lending in support of one or more of the following four high-level
    objectives:
    i) local private sector development, in particular support to SMEs and
    micro-enterprises;
    ii) development of social and economic infrastructure, including transport,
    energy, environmental infrastructure, and information and communication
    technology;
    iii) climate change mitigation and adaptation;
    iv) long-term economic resilience of refugees, migrants, host and transit
    communities and communities of origin as a strategic response to
    addressing root causes of migration.
    The fourth high-level objective was recently added via amendments to the ELM Decision
    which will enter into force in April 2018.
    74
    The ELM is an extremely efficient instrument from a budgetary perspective. The
    Guarantee Fund for external actions was set up to protect the EU budget in the event of a
    default on an EIB loan which the EU has guaranteed under the ELM. The Guarantee
    Fund (which plays a similar role for Macro Financial Assistance and Euratom loans)
    must be maintained at a level of 9% of the EU’s total outstanding liability for these three
    programmes. In other words, each euro in the Guarantee Fund underpins approximately
    eleven euros of EIB investment abroad in support of EU policy objectives.
    The table below shows the amounts paid each year into the EU budget to maintain it at
    the target level of 9% of outstanding liabilities:
    Annual average amounts of the current budget in nominal terms - Provisioning of
    the Guarantee Fund for external actions
    In EUR million
    2014 2015 2016 2017 2018 2019 2020
    58,4 144,4 257,1 240,5 137,8 103,2* 287.8* **
    (*) Before use of external assigned revenue (which is EUR 55 million for both 2019 and 2020)
    (**) Forecast
    ELM in a changing context
    The Reflection paper on the future of EU finances identified the need to align EU
    external investment with new external action priorities to tackle challenges efficiently.132
    The paper indicated the need to leverage private funds to increase impact in line with EU
    objectives. The paper also identified notably the need to tackle the root causes of
    irregular migration.
    The current ELM 2014-2020 has just been amended to add a fourth high-level migration-
    related objective in order to allow the EIB to invest in the economic resilience of
    countries most affected by the migration crisis. Due to the efficient nature of its
    budgetary provisioning, the ELM allows the EU collectively to 'do more with less.'
    Lessons learned from previous programmes
    There have been three recent independent evaluation studies analysing the ELM and one
    on the Guarantee Fund for external actions:
     Mid-term evaluation of the 2007-2013 mandate (2010)133
     Evaluation of the Guarantee Fund for external actions (2010) 134
     Mid-term evaluation of the 2014-2020 mandate (2016)135
    132
    COM(2017) 358, available at https://ec.europa.eu/commission/sites/beta-political/files/reflection-paper-eu-
    finances_en.pdf
    133
    DG ECFIN (2010), “Mid-term evaluation of EIB’s external mandate”, Final report, available at
    http://ec.europa.eu/dgs/economy_finance/evaluation/pdf/ecfin_eval_en.pdf
    134
    COWI (2010), “EIB’s external mandate 2007-2013 Midterm Review”, the Evaluation of the Guarantee Fund for
    External Actions (March 2010), DG ECFIN, Copenhagen, available at
    http://ec.europa.eu/dgs/economy_finance/evaluation/pdf/ecfin_eval_en.pdf
    135
    PwC (2016), “Final Report for the External evaluation of the application of the European Union Guarantee for the
    EIB lending operations outside the European Union”, DG ECFIN, Brussels, available at
    http://ec.europa.eu/dgs/economy_finance/evaluation/pdf/mid_term_201612-final_report_pwc_en.pdf
    75
     Further evaluation of the 2014-2020 mandate (ongoing in 2018)
    This section builds on the 2016 mid-term evaluation and includes very preliminary
    results from the ongoing evaluation of the 2014-2020 ELM.
    Objectives
    The independent external evaluation undertaken in 2016 found that the ELM enabled the
    EIB to support EU external policy objectives and to respond to a number of challenges
    that have arisen during the course of the current mandate. It found that all the operations
    launched under the current ELM since its inception in July 2014 are fully aligned with
    the three high-level objectives set out in the 2014 ELM Decision (which was
    subsequently amended to include a fourth migration-related objective which comes into
    force in April 2018).
    The evaluation also found that the three objectives themselves are aligned with the EU’s
    policy objectives, notably the Sustainable Development Goals and the fulfilment of the
    Paris climate agreement. It found that the ELM has allowed for sufficient flexibility and
    reactivity to new geopolitical challenges as demonstrated in Syria, Ukraine, Egypt and
    Morocco (the Arab Spring) and Jordan (the refugee crisis). The ELM has enabled the
    EIB to play a positive role alongside other development partners in the economic and
    political stabilisation of these countries hit by political crises.
    The evaluation also concluded that the ELM has substantially contributed to the EU's
    climate change-related objectives, especially in terms of climate change mitigation. ELM
    operations saved an estimated 1.35 Mt CO2-eq/year of emissions based on operations
    signed between July 2014 and December 2015. EIB lending volumes under the ELM
    (39%) currently exceed the quantitative target of 25% and are on track to continue to
    exceed the target of 35% by 2020.136
    Additionality
    The 2016 evaluation concluded that without the EU's guarantee, the EIB would not have
    financed most of the projects it considered since the recipient countries were too risky
    (speculative-grade) for the EIB to lend at its own risk. In some cases, with important
    exceptions, a project could technically have been realized in the absence of the EIB’s
    involvement, as the borrower may potentially have found an alternative source of
    financing, mainly from other international financial institutions (IFIs). However, the
    other IFIs face their own lending constraints, so it is unlikely that even all sound projects
    would have attracted financing in the absence of the ELM. IFIs also seek to diversify
    risks and aim for risk sharing when engaging in project financing, in particular in
    emerging and developing countries. Thus in the absence of the ELM, other IFIs would
    probably scale down their overall lending volumes in proportion to the reduction in ELM
    lending, as the IFIs would reduce their risk exposure to some projects in the absence of
    the EIB's participation. Thus, other IFIs would not have been able to fill the gap entirely.
    Furthermore, the evaluation found that the projects financed in the context of the EIB’s
    external operations often take place in less developed markets with higher risks and more
    136
    SWD(2016) 295 final, mid-term evaluation of the ELM
    76
    complex challenges. The EIB's added-value in these markets is often its ability to
    mobilise finance on terms that usually are not easily available in these markets (e.g.
    longer loan tenors, grace periods, etc.). This significant financial capacity is
    complemented by technical expertise for the assessment of viable investments,
    leveraging the EIB's core experience within the EU. In addition, the EIB brings further
    added value by providing projects with both an EU and an IFI ‘label,’ enabling it to
    further crowd-in other investors including from the private sector.
    Other findings
    Preliminary findings from the current ongoing evaluation (required to be published by
    mid-2019 by the amendments to the ELM Decision which will enter into force in April
    2018) reinforce the above conclusions. However, the findings also point to the need to
    strengthen the granular link between ELM projects and the EU’s policy objectives.
    Experience over the last several years suggests that for instance the Commission should
    have greater oversight over issues such as conditionality and other relevant aspects
    insofar as these elements have an impact on the EIB’s ability to deliver EU policy
    objectives.
    The ongoing evaluation has also pointed to monitoring to be a potential area for
    improvement in the next MFF, for example by changes in the timing of the EIB’s three
    year lending forecast and its provision to the Commission. A further recommendation is
    for a rationalisation of the interaction between ELM projects and the EU’s blending
    facilities which is currently organised on a more or less ad hoc basis.
    Consultation
    No open public consultation has been undertaken recently on the ELM, in line with the
    exemption provided for in the relevant provisions of the Better Regulation Guidelines.
    However, each of the above evaluations has included a variety of forms of stakeholder
    consultation, including targeted interviews, workshops and online surveys of
    beneficiaries. The results of these consultations were used as a source of evidence to
    arrive at the conclusions described above.
    THE OBJECTIVES
    Challenges for the programmes of the next MFF
    There are a number of challenges which the ELM must address in the next MFF.
    Based on the findings of the evaluations described above, the ELM will need to be
    reformed in order to ensure a stronger alignment at the project level with EU policy
    objectives. In addition, challenges deriving from the cross-cutting objectives of the new
    MFF will include coherence, synergies and simplification. All instruments have to
    reinforce their capacity to attract private investments in order to contribute to achieving
    the Sustainable Development Goals. Finally, the ELM will need to continue to address
    rising political priorities in the next MFF, especially climate change and financing needs
    consistent with the approach of the Commission's new Action Plan on Sustainable
    Finance
    77
    Complementarity
    The ELM operates alongside other EU external instruments such as the blending
    facilities/platforms, the new European Fund for Sustainable Development (EFSD) and
    the African, Caribbean and Pacific (ACP) Investment Facility. These instruments have
    largely similar objectives. All three instruments, although to differing degrees, target the
    root causes of migration, local private sector development and climate change mitigation
    and adaptation. The ELM and ACP both also contribute to the development of social and
    economic infrastructure. Each instrument should strengthen the crowding-in of private
    investments to underpin the achievement the Sustainable Development Goals.
    The ELM and the ACP Investment Facility are geographically almost entirely distinct,
    whereas both the ELM and EFSD cover the Eastern and Southern Neighbourhood. The
    ELM and the EFSD are complementary tools and both serve the objective of the EU
    Neighbourhood policy. Coordination of efforts in the next MFF will thus be required to
    ensure synergies. The EIB has a role in the governance of the EFSD which is designed to
    enhance the coordination and complementarity between the two instruments.
    Climate change
    The EIB has already in 2015 expanded its climate-related target in developing countries
    from the current level of 25% to 35% by 2020, and the EU has increased the ELM target
    also to 35%. Any new legislative proposal should take into account such expansion as
    well as the EU's own commitments to climate policy in the coming years. Although the
    climate action under ELM operations is already at 39% and total EIB external operations
    (i.e., including non-ELM operations) is also at about 32% already quite close to the target
    level by 2020, more needs to be done to ensure continued delivery.
    Economic diplomacy
    Economic diplomacy is an overriding EU policy goal, which not only seeks to defend the
    EU’s strategic economic interests (business internationalisation, market access, jobs and
    growth, etc) but is also fully compatible with EU development policy and works in the
    interests of our development partners. Investment climate, the participation of private
    operators and private financing are critical for ensuring sustainable development in
    partner countries. This is reflected in the SDGs Agenda 2030, the EU Consensus on
    Development and the EU Global Strategy for Foreign and Security Policy.
    The importance of EU Economic Diplomacy has been recognised in the Commission’s
    Reflection Paper on Harnessing Globalisation adopted in May 2017.
    EIB investments supported by the ELM could be among the tools for achieving the
    objectives of economic diplomacy, for example through an adjustment or update to the
    underlying objective of regional integration or the inclusion of a new objective related to
    support for European SMEs in third countries, one of the key aspects of economic
    diplomacy.
    Objectives of the programmes
    78
    ELM Objectives
    EU external objectives
    EIB external financing operations are required to support the EU external policy
    objectives in the areas of development cooperation, Neighbourhood policy, climate
    action, addressing the root causes of migration, etc. With the exception of the SDGs and
    Paris Agreement, which were finalised in 2015, the broadest EU external objectives were
    essentially unchanged for the current mandate.
    The intervention logic of the current mandate as elaborated during the 2016 mid-term
    evaluation is below:
    The ELM currently has four high-level objectives which operationalise the link with the
    EU’s external objectives. These current objectives are stated below with some
    considerations for how they may need to be developed in a future mandate based on
    experience under the current framework.
    Objective 1: Local private sector development, in particular in support of small and
    medium-sized enterprises (SMEs), possibly including the internationalisation of
    European SMEs
    Access to finance is one of the key constraints to growth and private sector development
    in developing and transition countries. EIB funding through intermediaries aims to ease
    this constraint, consolidate existing jobs, and support the creation of new jobs. It also
    supports the development of local financial sectors to improve access to finance over
    time. While the EIB uses a variety of instruments to enhance access to finance, the most
    common of which are credit lines to financial intermediaries (mainly banks) for lending
    to SMEs. These credit lines aim to increase the number of loans that the local
    intermediary banks are providing and to extend the duration of the loans they offer to
    SMEs and midcaps.
    Additionally, lending can be channelled to SMEs through other sources. For example,
    risk-sharing portfolio guarantees insure banks against losses on lending to SMEs in
    79
    difficult and underserved markets. Direct (or intermediated) lending to companies is also
    used for specific infrastructure and R&D improvements.
    Objective 2: Development of social and economic infrastructure
    The development of social and economic infrastructure provides a foundation for
    economic growth, job creation and social development. It is also critical for the transition
    to a low-carbon future. The EIB’s activities in the infrastructure domain mostly target
    public borrowers. As laid out in the 2014 ELM Decision, this high level objective is
    realised by the production and integration of energy from renewable sources, enabling
    energy systems to utilise lower carbon intensive technologies and fuels, sustainable
    energy security and energy infrastructure (including for gas production and transportation
    to the EU energy market), electrification of rural areas, environmental infrastructure (e.g.
    water, sanitation, and green infrastructure), and telecommunications and broadband
    network infrastructure. Support can also target health, education, and urban development
    infrastructure where specified by regional objectives.
    Objective 3: Climate change mitigation and adaptation
    Climate action is a cross-cutting objective addressed in projects in various sectors such as
    transport, energy, natural resources and water. The overall aim is to limit global warming
    to 2 degrees Celsius or 1.5 degrees if possible as compared to pre-industrial times.
    Different projects contribute to climate action mostly via renewable energy generation
    and greater energy efficiency, but also by promoting a shift to a more circular economy,
    more sustainable transport modes and more sustainable management of forests and other
    natural resources. The financing is distributed among a large number of projects across
    almost all sectors. In fact, the funds for climate action also contribute to the above
    objectives of local private sector development or the development of social and economic
    infrastructure. Typical examples include credit lines for SMEs involving achieving
    greater energy efficiency in buildings or installing small-scale renewable energy
    generation capacity such as solar panels.
    This objective also supports relevant EU commitments including: Paris
    Agreement/UNFCCC; the Sustainable Development Goals; the EU 2020 climate and
    energy package; the EU 2030 climate and energy framework; the EU 2050 low-carbon
    roadmap; the EU strategy on adaptation to climate change COP21; the Circular Economy
    Action Plan and the EU Strategy on Environmental Integration in External Policies.
    The 2014 ELM Decision requires that 25% of ELM financing volumes support climate
    action, while the EIB targets at least 35% of external lending volume in developing
    countries to support climate action by 2020. Many Member States agencies also have
    climate finance targets (e.g., AFD's target of 50%).
    There seems still room to improve the contribution of the ELM programme to climate
    action.
    There are several options to achieve this. First, some carbon-intense sectors could be
    excluded from financing under the ELM. Second, the project pipeline could be made
    more climate-friendly with measures to increase climate adaption. This would require
    more technical assistance in the pre-appraisal stage and a climate risk and vulnerability
    assessment for each project. Third, special windows for loans to SMEs/mid-caps that
    80
    deliver a climate contribution could be included in the contracts with financial
    intermediaries. This category of loans currently delivers the lowest climate contribution.
    Finally, the successful climate finance target in the current MFF could be built upon in
    the next budget period.
    The introduction of a specific climate finance window would require that the financial
    intermediaries begin assessing the climate contribution of the SMEs/mid-caps. Besides
    the climate target, it would be important to ensure that the part of the operations that do
    not contribute to the climate action target are not detrimental to climate change. The
    climate impact of the entire portfolio should therefore be measured and considered.
    Reflecting a targeted external report on climate mainstreaming, this is in line with the
    Commission analysis, the European Court of Auditors Special report 31/2016, related
    Council Conclusions, and a recent statement of 14 Member States. The EP Budget
    Committee has in the draft report on the next MFF: Preparing the Parliament’s position
    on the MFF post-2020 (2017/2052(INI)) asked for a thorough climate mainstreaming,
    underlining that the EU should not finance projects and investments that are contrary to
    the achievement of EU climate goals. In terms of an external climate target, 30% could
    be envisaged over the next budget period.
    Objective 4: Long-term economic resilience / addressing the root causes of
    migration
    The current mandate (2014-2020) for the EIB did not originally contain an explicit
    objective related to migration. However, the refugee crisis has made migration-related
    issues an increasingly important element of the EU’s foreign policy.
    The recently agreed amendments to the 2014 ELM Decision will add a fourth high-level
    objective: addressing the root causes of migration, i.e. strengthening the long-term
    economic resilience of refugees, migrants, host and transit communities and communities
    of origin. The revision of the ELM regional guidelines will incorporate the new high-
    level objective and will define how to target the root causes of migration in practice. The
    fourth high-level objective will have a guarantee envelope specifically earmarked as
    described in the EIB's Economic Resilience Initiative (ERI) – EUR 2.3bn for private
    sector projects and EUR 1.4bn for public sector projects. At present, no other objective
    has funds that are specifically earmarked.
    Underlying objective
    The 2014 ELM Decision also stipulates that EIB financing operations support an
    underlying objective of regional integration among partner countries, including economic
    integration between Pre-accession countries, Neighbourhood countries, and the EU.
    Regional integration is particularly relevant for ELM projects targeting transportation
    and communication infrastructure.
    PROGRAMME STRUCTURE AND PRIORITIES
    Subsidiarity
    The ELM complies with the subsidiarity principle, as it allows the EIB to operate at a
    higher risk level than current Member State cooperation would allow by pooling
    resources and diversifying financing operations, thereby enabling the EIB to undertake
    81
    financing operations in third countries in support of the EU’s external policies without
    affecting the credit standing of the EIB. The ELM objectives could not be achieved by
    Member States acting alone due to the disparities in the capacities of national financial
    institutions.137
    In addition, the ELM allows to invest in a larger number of countries than
    what national promotional banks typically do.
    Proportionality
    The proportionality principle requires that any EU action should not go beyond what is
    necessary to address the problem or meet the objectives spelled out in the Treaties. In this
    respect, based on stakeholders’ feedback and available evidence, the ELM has proven to
    be an efficient tool to cover the political and sovereign risks related to EIB external
    operations in support of EU external policies. In fact, with relatively little public support,
    the ELM is able to spur the functioning of the market and ensure that projects aligned
    with EU external policy priorities are implemented.
    The leverage of the Guarantee Fund is relatively high, since the Fund is maintained with
    contributions from the EU budget at a level of 9% of outstanding liabilities under the
    ELM, and the EIB can finance in the limit of 50% of the total project costs. In addition,
    between 1994 and 2017, the Fund was called for a cumulative amount of about €850
    million and had, over that period, a recovery rate of 100%, except more recently for
    defaults in Syria (which started in year 2012) and another more recent default of a project
    in the private sector in Tunisia, leading to a total default amounting to €270 million over
    a 24-year period.
    Changes to the structure of the programme: EFSD model
    Several changes could be made to the structure of the ELM to address a number of
    challenges and lessons learned described above, notably related to complementarity.
    One way to address these challenges would be to align the EU's two main budgetary
    guarantee instruments, the ELM and the European Fund for Sustainable Development
    (EFSD), including potentially the integration of the ELM within the EFSD.
    The EFSD is the most recently launched EU external financial programme that integrates
    various financial instruments and blending tools and replicates recent experiences with
    similar fund-structures in the EU (e.g. EFSI & EFSI 2.0) and is the main financial
    component of the External Investment Plan (EIP). The EIP was adopted in September
    2017 to stimulate investment in the European Neighbourhood region and Africa. Its
    objective is to boost inclusive growth, create jobs and contribute to the sustainable
    development of these regions, thereby addressing the root causes of irregular migration.
    The following table compares the current ELM set-up with the EFSD/EIP model:
    ELM EFSD/EIP
    Structure
    Financial
    instruments
    √ √
    Technical assistance √
    137
    See Proposal for a Decision of the European Parliament and of the Council amending Decision No 466/2014/EU
    granting an EU guarantee to the European Investment Bank against losses under financing operations supporting
    investment projects outside the Union, COM(2016) 583 final., p. 6.
    82
    ELM EFSD/EIP
    Policy dialogue √
    Financial instruments
    Loans or credit lines √ √
    Intermediated loans √ √
    Guarantees
    √
    (exceptional cases)
    √
    Credit enhancement/
    insurance
    √
    Capital market
    instruments
    √
    Equity or quasi-
    equity
    √
    Technical assistance Ad-hoc basis138
    Integrated
    Transfer of EU
    standards
    Indirectly via capacity building
    and project requirements
    Dedicated pillar focusing on local
    economic governance and the
    business environment
    Coordination & Management
    Policy priorities European Commission European Commission
    Programme strategy EIB in consultation with EC European Commission
    Project pipeline EIB EIB, other IFIs and NPBs
    Project assessment EIB European Commission (EIB provides
    opinion on banking-related aspects)
    Project decision
    making
    EIB (EC has influence through
    Article 19 of EIB statutes and
    EIB board)
    European Commission (advised by
    G-TAG [EIB {Lead}, KfW, AFD]
    on risk assessment, impact,
    monitoring and reporting)
    Integrating the ELM into the EFSD would have as a main advantage that it would ensure
    a coordinated implementation of the EU's policy objectives for external actions by both
    the EIB and a wider range of international financial institutions.
    Integration would potentially allow the use of the most appropriate financing instrument
    for an operation as well as make blending with grants and technical assistance more
    systematic, which could improve contribution to development respectively in both the
    EIB's own activities and those of other implementing partners. The coordination of such
    an instrument might be more resource intense and processes more time-consuming,
    unless an appropriate governance were established with the participation of the
    Commission and financial institutions.
    Structure of an integrated instrument
    The architecture of an integrated instrument would expand beyond the provision of a
    budgetary guarantee, incorporating several financial instruments and supplementary
    tools.
    In its main structure, the instrument could follow the three-pillar architecture of the EIP
    see figure below). The first pillar of the EIP is the European Fund for Sustainable
    Development (EFSD) that contains besides the EFSD guarantee two regional blending
    138
    For example through the Neighbourhood Investment Facility (NIF), Western Balkans Investment Framework
    (WBIF), Latin America Investment Facility (LAIF), Asia Investment Facility (AIF), Investment Facility for Central
    Asia (IFCA) or the Facility for Euro-Mediterranean Investment Partnership (FEMIP).
    83
    platforms139
    . The second pillar provides technical assistance (TA) to projects to allow for
    capacity building and improved project quality. The TA can be provided to public or
    private entities. These measures are interlinked with the third pillar aiming to improve
    the investment and business climate in the country/region through policy dialogue.
    The three pillar structure provides a holistic approach and facilitates the inclusion of
    technical assistance and investment climate enhancing measures into projects.
    Encompassing the three elements under one umbrella aligns the tools for the purpose of
    investment windows or individual projects.
    This approach may have an impact on the likelihood that technical assistance (TA) is
    used in a project which could provide a substantial advantage to beneficiaries and
    contribute to the policy objectives. The ELM included TA measures in only around 15%
    of its operations in this MFF period. An explanation for this low rate is the targeted
    recipients140
    and more importantly the administrative burden associated with the
    application for a TA grant from external providers, such as EU Member States (incl.
    public institutions or agencies thereof), IFIs or other entities. If the single fund structure
    mitigates these barriers, it could be a great added value since previous studies141
    have
    shown that projects with TA deliver a higher contribution to long-term development.
    Moreover, coordinating the TA efforts within the single structure could realize
    economies of scale and thus improve efficiency. The aggregated impact depends on the
    required additional staff resources and the costs/efforts to attract externally organized
    TA. Another aspect is beneficiary awareness. Final beneficiaries are not always aware of
    the possibility to include TA in projects142
    , thus pointing to a need for enhanced
    communication, which may be easier when integrated in a single instrument.
    A single EIP-style instrument incorporating the ELM might be therefore more directly
    equipped to create an investment package catered to the needs of beneficiaries and
    regions in general. This is also reflected in form of the range of financial instrument
    which could be provided. The EFSD is endowed with a large set of financial instruments,
    while under the ELM the EIB receives the EU guarantee only for loans, credit lines and
    intermediated loans and exceptionally for guarantees. Innovative financial instruments
    could be added to the arsenal of a stand-alone structure such as counter guarantees and
    other types of financial instruments such as equity, credit enhancements and insurance.
    139
    The Neighbourhood Investment Platform and the Africa Investment Platform.
    140
    Public sector actors are less likely to require technical assistance than private sector activities.
    141
    See for example Wise persons report (2010).
    142
    See for example see European Court of Auditors (2015).
    Technical
    Assistance
    Pillar 2 Policy dialogue
    (Improving the
    Investment
    Climate)
    Pillar 3
    Financial
    instruments
    supported by
    EU/MS guarantee
    Pillar 1
    84
    This array of financial instruments enables a flexible combination targeted to the
    recipient’s needs. In many cases these financial instruments will still need to be bundled
    with the aforementioned grants to finance technical assistance or provide interest rate
    subsidies. Under an integrated instrument, the financial instruments and technical
    assistance can be centrally developed to properly reflect respective needs of the country,
    region, sector or particular beneficiary – an advantage highlighted by several
    stakeholders during the interviews in the context of the ongoing ELM evaluation.
    This flexibility could also be extended to the investment windows and ceilings. The
    current ELM is flexible in allowing its operations to match shifts in priorities. An
    integrated EFSD/ELM instrument would bring greater flexibility as opposed to
    stringently defined investment windows or separated instruments.
    Conversely, for monitoring and evaluation purposes, ensuring that investment windows
    are linked to specific (or high-level) objectives is desirable. There is a trade-off between
    flexibility allowing to shift priorities on the one hand and transparency and security of
    minimum allocation to certain objectives/regions on the other. The flexibility of the
    stand-alone ELM has been a great asset and an integrated structure would have to be
    well-designed to maintain this advantage.
    ELM as a potential window of the EFSD
    The analysis carried out shows the advantages of an integrated structure and the limits of
    a standalone instrument, setting the basis for the need of a financial tool-box where the
    ELM is one of the budgetary guarantees/financial instruments needed for the
    implementation of the external policy objectives. In this scenario the ELM could be
    integrated as an EIB-exclusive window inside the successor EFSD.
    There are currently five investment windows under the EFSD covering the following
    areas:
     Energy and connectivity
     SMEs and micro-enterprises
     Agriculture, rural entrepreneurs and agribusiness
     Cities
     Digital
    In the future, the ELM could be folded into the EFSD potentially as an investment
    window exclusive to the EIB. This would require an adaptation of the definition of
    'investment window' to allow the coverage of a number of sectors.
    Such an investment window could retain a separate provisioning rate within the future
    Common Provisioning Fund which will replace the Guarantee Fund for external actions
    in the next MFF.
    Management and coordination
    To ensure complementarity and to generate synergies, the ELM currently relies on
    extensive cooperation with other institutions and facilities. An integrated structure could
    internalize some of these channels, which could increase adaptability and the efficiency
    of coordination.
    85
    An integrated solution would allow one decision-making body to build a coherent
    programme that reduces complexity and fragmentation and enhances synergies between
    different objectives and actions. The integrated structure could theoretically facilitate the
    complementarity of the fund with the EU external action goals, however the ELM mid-
    term reviews suggested that this has also been adequately accomplished in the current
    stand-alone structure of the ELM.
    In terms of coordination efficiency, the potential impact of an integrated structure
    depends on the efficiency of the existing structure within and between stand-alone
    programmes. Exchanges via the strategic board143
    would in both cases provide guidance
    on the investment strategy and ensure activities are coordinated and complementary. In
    addition, operational boards support the coordination on a more granular level. This
    structure allows for regular exchanges and coordination of the different stakeholders via
    the boards and secretariat. The integrated structure internalises some of these exchanges
    and could thereby increase the frequency of interactions and coordination, and improve
    responsiveness of the system.
    DELIVERY MECHANISMS OF THE INTENDED FUNDING
    The ELM entails a guarantee from the EU to the EIB which is administered by the
    European Commission and protects the bank from potential financial risks linked to these
    operations. The guarantee allows the EIB to preserve its credit rating, while expanding
    the lending portfolio and maintaining attractive lending rates.
    The need for this guarantee stems from the EIB's obligation under its statutes to ensure
    adequate security for all its lending operations and the need to safeguard its
    creditworthiness in general. The guarantee allows the EIB to preserve its high credit
    rating despite its higher leverage compared to other international financial institutions
    (IFIs) and the significantly higher risk of lending in third countries, which otherwise
    would potentially put the high credit rating at risk and consume more capital or reduce
    lending.
    An overview of the functioning of the guarantee under the External Lending Mandate is
    presented in the figure below. In principle, the EIB grants or issues loans, loan guarantees
    and debt capital market instruments (for example, bonds) for eligible EIB investment
    projects. Loans in the public sector are covered by a comprehensive guarantee, which is
    provided for financing operations where the borrower (or a guarantor) is a local, regional
    or central government or corporations under state control (Public borrowers). The
    political guarantee is provided for cases not covered by the comprehensive guarantee and
    is more restricted. It only covers non-payment due to non-transfer of currency,
    expropriation, war or civil disturbance, and denial of justice upon breach of contract.
    Simplified overview guarantee under External Lending Mandate
    143
    This strategic board is currently composed not only of representatives of the EC but also of the high representative,
    experts from member states and representatives from the EIB. The European Parliament is taking part as an observer.
    86
    Monitoring and evaluation
    This section sets out the arrangements that could be put into place to monitor the
    performance of the programme in delivering the objectives. The section identifies the
    information that will be needed to compile the indicators allowing an assessment of the
    degree to which objectives are achieved. It takes into account the existing information
    and what new information will need to be collected and by whom. Moreover, potential
    targets against which success will be measured are discussed.
    General
    The external financing activity under the EU guarantee is managed and monitored by the
    EIB under its own rules and procedures, which include measures for audits, control and
    monitoring. Moreover, the Board of Directors of the EIB approves each financing
    operation and monitors whether it is managed according the provisions in the EIB Statute
    and with the general directives. The Commission is represented in the Board of Directors
    with a Director and an alternate Director. The EIB must inform the European
    Commission when it obtains any information or considers likely that a guarantee on a
    project will be called. In case the guarantee is actually called, the EIB is obliged to
    provide the European Commission with detailed information on it according to the ELM
    Decision and related guarantee agreement.
    The EIB has the obligation to provide the Commission statistical, financial and audited
    accounting data on every financing operation under the EU guarantee, necessary for the
    reporting to the European Parliament and the European Council. The European Court of
    Auditors can obtain the same information at request. Moreover, the EIB will also provide
    the information on the outstanding financing operations covered by the EU guarantee
    with a certificate of an auditor. The Commission requests this information to determine
    the provisioning amounts for the Guarantee Fund.
    The Court of Auditors can also conduct audits on EIB financing operations under the EU
    guarantee. This is determined based on a Tripartite agreement of the Court with the EIB
    and Commission. While no ELM audit is presently available, the Court of Auditors has
    published a special report on a parallel EIB external finance instrument: the ACP
    Investment Facility. This report’s conclusions may apply, mutatis mutandis, to ELM
    activities as well. The ACP Investment Facility was found to generate added value and be
    coherent with EU external policy. The Court of Auditors found that cooperation with
    recipient countries and coherence with EU development policy had improved since the
    EIB began taking on higher-risk projects. However, the special report found that the
    ‘allocation procedure’ was not always effective. Stated simply, numerous banks
    receiving EIB loans broke their contractual agreement by failing to inform the
    beneficiary SMEs of EIB funding. Additionally, TA provided to supplement credit lines
    did not always sufficiently target the end beneficiaries. To address these issues, the Court
    of Auditors recommended systematic disclosure of EIB contribution in on-lending
    agreements, and greater cooperation between the EIB and financial intermediaries to
    ensure effective TA.
    Additionally, the EIB must regularly conduct evaluations of its financing activities on
    relevance, performance and development effects. This is important for the accountability
    87
    of EIB, but also to find ways to improve the future financing activities. Furthermore, it
    must provide all independent evaluation reports assessing the results of EIB external
    lending activity under the ELM to the European Commission, European Council and
    European Parliament.
    The Commission reports annually to the European Parliament and the European Council
    on the EIB’s implementation of the mandate. The reports are based on information on the
    full portfolio or sector obtained via the ReM from the EIB, which provides information
    on various indicators from the appraisal level to the full implementation of the project.
    The indicators include for instance the contribution of the external lending to the
    objectives (e.g. climate change, biodiversity), but also whether the financing is blended
    with financing under other programmes or other European or international financial
    institutions. This system of reporting from the EIB to the European Commission could be
    better synchronised, which would result in cost savings and more effective reporting.
    Currently there are various monitoring and reporting provisions in the Decision and
    Guarantee agreements. The most important legal obligations for monitoring are found in
    the Decision and EIB Statute. Article 19 of the Decision is a particularly important
    reporting requirement. Further consideration of Article 19 reporting requirements would
    be worthwhile as sometimes the information provided by the EIB to the Commission is
    in some cases too limited to allow for sufficiently detailed consideration.
    As noted above, one key finding of previous evaluations is that the final beneficiaries are
    frequently unaware that the EU is providing them funding. According to an interviewee
    in the context of the ongoing evaluation, this has the impact that beneficiaries may be
    unable to lodge a complaint if project implementation is contrary to relevant standards.
    For the EIB, control and accountability in this sense is provided with the EIB Complaints
    Mechanism (EIB-CM). The EIB is currently updating its complaints procedure. It will be
    important for future evaluations to consider the ability of beneficiaries to lodge
    complaints, and the EIB to respond to them.
    Project level
    At the project level, monitoring and evaluation is primarily accomplished with two
    frameworks: ReM (results measurement framework) and the RTOG (Regional Technical
    Operational Guidelines). Generally, the project level monitoring and reporting is
    sufficient. However, given that the EIB is demand-driven and operates on a project by
    project basis, additional efforts in identifying gaps, and the impact of ELM activities on
    market development, is advisable. Otherwise, it is possible that the ELM funds projects
    with individual merit, but no coherent strategy.
    The RTOGs are agreed between the Commission and the EIB and set out in greater
    operational detail how the EIB should contribute to the high-level objectives set in the
    ELM Decision. These will need to be refined in any future programme to ensure that they
    are useful to the bank in its lending decisions and to the Commission in its consideration
    of EIB loans during the Article 19 process.
    ReM
    The ReM is a framework in place since 2012 that incorporated many best practices from
    other IFIs. The ReM is still evolving, as the EIB continues to exchange best practices and
    88
    share lessons with other development banks. The ReM provides concrete criteria for ex
    ante assessments of the contribution of projects to ELM objectives, but also for tracking
    project implementation, and ex post assessment at two milestones. The milestones are
    immediately upon project completion, and three years after project completion (or end of
    fund life for micro-finance and equity). At both milestones, performance is measured
    against benchmarks set at the beginning of the project cycle, then performance is rated
    and reported to the EIB. The most recent ELM midterm assessment found that ReM had
    absorbed best practices from other IFIs, and is effective for monitoring project
    contribution to operational objectives. As such, monitoring at the project level is mostly
    effective.
    The ReM framework is composed of three pillars. The first pillar evaluates consistency
    of the project with the three existing high-level objectives and overarching objective of
    regional integration. Contribution to the high-level objectives and overarching objective
    are based on a number of indicators. For example, the first high-level objective - local
    private sector development - is measured by indicators including number of sub-loans to
    SMEs, average size of sub-loans to SMEs, and employment sustained. Pillar two
    evaluates the quality and soundness of a project. This is based on separate sets of
    guidelines for investment loans, intermediated operations, and non-intermediated
    framework loans. Pillar three evaluates the EIB’s technical and financial contribution
    based on EIB inputs and market alternatives. This pillar considers the EIB’s ‘financial
    contribution’, or to what extent the loan makes a difference for the beneficiary, as well as
    the EIB’s ‘financial facilitation’, which concerns to what extent the EIB can contribute to
    raising project standards and attracting other financiers. Each pillar is graded on a scale
    of 1-4, with 1 corresponding to ‘unsatisfactory’ and 4 corresponding to ‘excellent’. Based
    on the 2016 EIB report, the majority of projects are found to be good or excellent across
    all three pillars.
    Pillars of EIB Result Measurement Framework
    Source: EIB (2017).
    ReM indicators are specific to sectors and beneficiary groups, and around 150 indicators
    are in use. The EIB is continuing its efforts to harmonise ReM indicators with those of
    other IFIs so that projects are more readily comparable, and their impacts can be better
    understood. In 2013 EIB signed a MoU with 25 other IFIs to harmonise 27 indicators,
    89
    and 16 additional indicators are currently being harmonised. For indicators that concern
    ‘blended’ projects, which contain a mixture of grant and loan funding, the EIB has
    harmonised indicators with the EC within the framework of the EU blending platform.
    ReM is an evolving instrument that the EIB seeks to continually improve, and additional
    changes may be necessary. Should an additional high-level objective be approved, i.e.
    addressing the root-causes of migration, the EIB would need to develop guidelines for its
    implementation. Given the new emphasis on economic resilience, specifying a set of
    relevant indicators would be helpful. Furthermore, the EIB only recently adopted a
    gender strategy. Several interviewees indicated that it is not yet clear if this strategy is far
    reaching enough. The EIB should ensure its gender strategy is fully incorporated in
    practice, including with dedicated ReM indicators and guidelines.
    Most publicly available information on ReM is contained within the annual report ‘The
    EIB outside the EU’. These annual reports aggregate results for ELM and other EIB
    activities, so it is not possible to evaluate ELM activities alone. The EIB did provide
    ‘ReM sheets’ for the ten projects considered as case studies in time for the present impact
    assessment. Still, it would increase transparency and allow interested parties to better
    understand the ELM if it were reported separately from other EIB activities.
    90
    Annex 5: Additional Information on IPA
    The Instrument for Pre-accession Assistance (IPA II) - with an envelope of EUR
    12,138.63 million for the period 2014-2020 - aims at supporting seven beneficiaries in
    adopting and implementing the reforms required for EU membership. IPA II assistance
    focuses predominantly on a selected number of policy areas to help beneficiaries
    strengthen democratic institutions and the rule of law, reform the judiciary and public
    administration, respect fundamental rights and promote gender equality, tolerance, social
    inclusion and non-discrimination. It also aims at enhancing their economic and social
    development with a view to attaining the targets set in the Europe 2020 strategy for
    smart, sustainable and inclusive growth. In addition, IPA II assistance supports the
    progressive alignment of beneficiaries with EU legislation and standards.
    Support under IPA II is spelled out in indicative strategy papers, and takes the form of
    bilateral assistance, cross-border cooperation between IPA II countries, territorial
    cooperation with EU Member States, multi-country programmes in the Western Balkans
    and Turkey, and support measures.
    According to the Mid Term Review (MTR), IPA II is overall fit for purpose. It
    corresponds to EU priorities and to beneficiary needs. Compared to its predecessor, IPA
    II has become more strategic. In terms of priorities, it increasingly focuses on promoting
    key reforms, i.e. the three "fundamentals" of the enlargement strategy (rule of law and
    fundamental rights, strengthening democratic institutions and public administration
    reform, and economic governance), as well as on results of reforms, through the
    introduction of a performance framework. It has also demonstrated its capacity to react in
    a flexible manner to emerging crises/challenges (floods, migration, security).
    IPA II is unique in addressing the objective of preparing candidate countries and
    potential candidates for EU membership. Through IPA II, the EU is by far the biggest
    donor in the beneficiary countries and IPA II serves as an important catalyst for the
    actions by other donors, including EU MS and non-EU donors.
    The introduction of the sector approach, especially when implemented through budget
    support, has improved the strategic focus of IPA II and the IPA beneficiaries' focus on
    reforms. Key results have been achieved, such as the development of public
    administration reform strategies in most IPA II beneficiary countries.
    A feature of the Instrument for Pre-Accession Assistance, which distinguishes it from
    other external instruments, is the use of indirect management by the beneficiary country
    that allows the latter to adapt to the possible management of EU’s structural funds after
    accession. The use of indirect management has generally increased ownership by
    beneficiary countries, although there have been poor contracting performance and longer
    delays of implementation, especially in Turkey.
    IPA II has an increased focus on performance and results, however, there is some room
    for improvement. Other features, such as the use of Twinning and TAIEX and the
    91
    promotion of territorial cooperation, add further value to the instrument. Twinning and
    TAIEX initiatives provide concrete benefits to recipient institutions through exchanges of
    valued European public expertise.
    The Western Balkans Investment Framework (WBIF) provides co-financing and
    technical assistance to strategic investments in the energy, environment, social, and
    transport sectors, and also supports private sector development initiatives. Such projects
    could not be funded solely from EU Member States' funds.
    Territorial cooperation in the form of cross-border, transnational and interregional
    cooperation programmes, as well as macro-regional strategies, favours reconciliation and
    confidence building in the Western Balkans, overcoming geographical barriers and
    legacies of the past, and developing good neighbourly relations.
    IPA II continues to be relevant, as also pointed out in the MTR, and only minimal
    changes would be necessary at the level of objectives and main principles set in the
    current IPA II regulation. Three key elements will need however to be taken into
    consideration:
    For the period 2021-2027, the new instrument should be clearly positioned in the context
    of the new Western Balkans Strategy , and reflect the developments in the relations with
    Turkey, and allow for sufficient flexibility to take into account evolving circumstances .
    For the Western Balkans an important element of IPA III is the indicative date of 2025
    mentioned in the Strategy when Montenegro and Serbia might be potentially considered
    ready for accession, if all conditions are met, i.e. within the next MFF period. This would
    mean not only the need for a rapid and flexible mobilisation of funds under the next
    period, but also an increase of current IPA II allocations for these countries in order to
    ensure that the necessary financial means are available for all preparations and
    investments required in the years before accession, including to ensure a gradual and
    seamless transition from pre-accession status to that of Member State to allow the
    necessary absorption capacity to be developed
    The countries are still adjusting to IPA II changes and the implementation for IPA II is
    still in an early stage as a result. While continuity should be secured, a phased-in
    approach should also be applied with intensity of support increased in the second half of
    the MFF period for the countries approaching accession.
    In terms of political priorities, IPA III will be shaped around the following key political
    priorities: Rule of Law, Fundamental Rights and governance; Socio-Economic
    development; EU policies and acquis; and Reconciliation, good neighbourly relations and
    regional cooperation. While these were already spelt out under IPA II, new challenges
    such as migration, security and climate change will also have to be taken into account.
    At the same time, in order to respond to the new priorities and integrate lessons from the
    MTR, IPA III will need to be further aligned with recent developments in enlargement
    policy. This requires in particular close links to the objectives of the new Strategy for the
    92
    Western Balkans, to maximise the impact of the Flagship Initiatives set forth in the
    Strategy to help the transformation process in the Western Balkans in the next period, to
    implement robust Economic Reform Programmes (ERPs), or to renew the focus on
    reforms necessary for future membership. Greater flexibility in funding allocations will
    have to be ensured in order to cater for unexpected/emerging priorities and to take into
    account the level of progress of respective countries in EU related reforms.
    Implementation will need to be accelerated, in particular in the first years, to avoid
    structural contracting and implementation backlogs, and to progressively absorb current
    delays. In a context of constrained budgetary resources, IPA III will have to work to
    further mobilise the leveraging potential of IFIs and other partners, including the private
    sector, in particular for supporting competiveness and inclusive growth, or financing
    large scale infrastructure investments. The overall performance framework will have to
    be strengthened and simplified.
    For these reasons, whereas the objectives and logic of the intervention will remain
    similar, on the planning and programming side it is proposed to structure the delivery of
    funding in a different manner around the creation of facilities reflecting the specific
    objectives of the instrument.
    The instrument will continue to be a toolbox and foresee all the existing implementation
    modes deployed in a coherent way depending on the facility, type of intervention and
    state of preparation of countries on their path towards EU accession and their
    administrative capacities. An indicative allocation will be identified in the beginning of
    the period for each of the facilities, and a mid-term review will take place to take into
    account of the evolving situation and results achieved.
    No fixed or indicative national/geographical envelopes will be established, although a
    principle of "fair share" allocation for beneficiary countries will be integrated.
    Performance will be part of the process of accessing to funds, which will be based on
    criteria such as project/programme maturity, absorption capacity, administrative capacity,
    expected impact and progress on rule of law, fundamental rights and governance.
    Therefore, no additional performance reward mechanism will be needed.
    Increased financial flexibility could be achieved by strengthening possibilities for
    reallocating funds within the instrument, in particular between and within facilities.
    Establishing a reserve within IPA could be considered; this would mean that a share of
    the total budget (e.g. 10 %) could be kept unallocated to cater for unforeseen needs (e.g.
    migration) provided the carry over for commitments is allowed.
    93
    Annex 6 Additional information on CFSP
    The European Union’s Common Foreign and Security Policy (CFSP) contributes to the
    preservation of peace, the prevention of conflicts and strengthening international
    security. It is one of the main instruments used to implement the European Union’s
    Global Strategy for Foreign and Security Policy, the relevance and importance of which
    are demonstrated by events worldwide.
    As such the CFSP continues to be a core part of the EU's external action instruments;
    notably contributing to safeguard the Union’s values, fundamental interests, security,
    independence and integrity as well as helping to support and consolidate democracy, the
    rule of law, human rights and the application of principles of international law
    worldwide. As such CFSP plays an essential part in implementing the EU Global
    Strategy and underpin the EU's role as a global actor.
    By providing for joint action, the EU can provide added value beyond the activities of
    individual Member States; by reaching critical mass when responding to global
    challenges and providing for joint ownership. CFSP also enjoys the credibility inherent
    in a proven mechanism and the ability to act as an impartial external actor on behalf of
    and alongside Member States.
    In contrast with other policy areas, the CFSP operations are not financed under an over-
    arching instrument / regulation adopted for the full period of the multiannual financial
    framework period. For the CFSP to be effective, the EU needs to be ready to react
    rapidly and with determination, to respond to new emerging threats to its strategic
    interests. As and when needs or opportunities for action arise, the Council adopts
    specific decisions for each CFSP action under the CFSP provisions of the Treaty on
    European Union (TEU). Typically the decisions provide for:
     The conduct of civilian CSDP Missions to promote stability and build resilience
    through strengthening rule of law on the strategic and operational levels in fragile
    environments.
     The work of the European Union’s Special Representatives (EUSRs) who promote
    the EU’s policies and interests in troubled regions and countries and play an active
    role in efforts to consolidate peace, and to promote stability and the rule of law.
     Actions to combat the proliferation of weapons of mass destruction (including their
    delivery mechanisms) and to combat the illicit spread and trafficking of other
    conventional weapons, particularly through supporting effective multilateralism.
    In addition, through the CFSP the EU provides funding for the European Security and
    Defence College (ESDC) and for the operation of the Kosovo Specialist Chambers. The
    CFSP can also be used to fund other operations on the basis of Article 28 TEU.
    During the 2014-2020 MFF period, the funding for CFSP operations is budgeted in
    chapter 19.03 of the budget. The total allocation for CFSP operations over the current
    MFF is EUR 2 121 million.
    94
    CFSP actions have concretely contributed to putting the EU's Global Strategy into place
    by (a) providing capacity building, support and advice through the civilian CSDP
    missions deployed in Africa, Afghanistan and the Middle East as well as in Ukraine,
    Georgia and Kosovo; (b) promoting peace and stability as well as promoting and
    advancing the values of the EU by means of the EUSRs; (c) promoting multilateral
    responses to the security threats posed by weapons of mass destruction and the illicit
    trafficking and accumulation of conventional weapons through dedicated non-
    proliferation and disarmament projects.
    The overall impact and achievements triggered by the CSFP budget are of much greater
    value than the sum of its individual actions. In particular in the field of CSDP missions,
    the scope and reach of the agreed actions goes beyond the limits of what a single EU MS
    could do alone. CSDP missions profit in particular from their multinational EU nature
    both in terms of image - EU credibility as a peace actor - and of accessing a larger pool
    of human resources and expertise. They also regularly attract contributions (co-financing)
    from interested third countries willing to participate in EU-led actions. Such missions are
    the concrete and visible operational translation of the EU's ambitions as a security actor.
    Given the political priorities of the EU and challenges worldwide, CFSP operations will
    remain a fundamental pillar of the EU Global Strategy post-2020, in support of three
    strategic priorities: (a) responding to external conflicts and crises, (b) building the
    capacities of partners, and (c) protecting the Union and its citizens.
    The CFSP operations will coordinate with the future EU external action instruments to
    ensure synergies and avoid overlaps, but they will keep their distinct management and
    implementation modalities, in order to ensure their responsiveness, flexibility and close
    alignment with the political priorities of the EU in the external field.
    95
    Annex 7 Additional information on the Overseas Association
    Decision (OAD) and the Greenland Decision
    Context
    The mid-term review report (December 2017)144
    on ten of the external financing
    instruments, including the Greenland Decision145
    and the 11th
    European Development
    Fund (EDF), which includes the programming for the other Overseas Countries and
    Territories (OCTs) concluded that the external financing instruments were ‘fit for
    purpose’. However, in the report and in the consultations conducted during the
    evaluation, a need for flexibility, simplification, coherence and performance was
    reflected.
    The Overseas Association Decision146
    covers the relations between OCTs – including
    Greenland – the Member States to which they are linked and the EU. This Decision
    outlines the special relationship that OCTs have with the EU as part of the ‘EU family’
    and the specific legal framework which applies to them.
    The Greenland Decision complements the Overseas Association Decision but outlines
    some specificities of the relations with Greenland as well as providing its financial
    resources.
    The Overseas Association Decision and the Greenland Decision Greenland should not be
    integrated in the new broad instrument or to any other co-decided instrument due to their
    specific procedures of adoption: Council decision by unanimity following consultation of
    the European Parliament147
    . However, in order to streamline the number of programmes
    it is proposed that all OCTs, including Greenland, be regrouped by merging both
    Decisions in one single instrument.
    Rationale for integrating the Overseas Association Decision and the Greenland Decision
    into one sole decision for Overseas Countries and Territories
    The financial source of the current Overseas Association Decision is the EDF which
    covers the programming and funding of territorial and regional programmes for OCTs
    other than Greenland, which is covered by the Greenland Decision and funded under the
    Budget.
    The Overseas Association Decision does not have an end date, but would need
    amendments due to the EDF being ‘budgetised’ and a need for a new financial envelope.
    The Greenland Decision ends on 31 December 2020. Historically, the need for defining
    144
    The mid-term review report was based on ten staff working documents, one per instrument (see list below), which
    in turn were based on ten independent evaluations. The mid-term report, staff working documents and independent
    evaluations can be found at here: https://ec.europa.eu/europeaid/public-consultation-external-financing-instruments-
    european-union_en
    145
    Decision (EU) No 137/2014 of 15 March 2014 on relations between the European Union on the one hand, and
    Greenland
    and the Kingdom of Denmark on the other, OJ L76, p.1
    146
    Decision (EU) No 755/2013 of 25 November 2013 on the association of the overseas countries and territories with
    the European Union, OJ L344, 19.12.2013, p.1
    147
    Treaty on the Functioning of the European Union, OJ C326, 26/10/2012 p.1 – article 203
    96
    the financial cooperation in a separate manner (other OCTs/Greenland) corresponds
    partly also to the fact that Greenland receives its funding from the EU budget (Heading
    4) instead of the EDF148
    . With the budgetisation of the EDF, this important constraint
    disappears, as all the OCTs should now be funded under the Budget.
    Moreover, the legal basis of Article 203 in the Treaty on the Functioning of the European
    Union is the same for the Overseas Association Decision as for the Greenland Decision.
    In light of this, it has been decided to keep the Greenland Decision under Heading 4 of
    the EU Budget and include the other OCTs under the same heading.
    Considering the specificities of the OCTs and their special relationship with the EU, a
    new financial instrument covering all OCTs both concerning the political and legal
    frameworks as well as the implementation of the cooperation will ensure:
     unity of management with all the OCTs under a same source of financing –
    the Budget – will create synergies in programming and implementation;
     consolidation of shared objectives;
     simplification and coherence in the legal framework;
     more visibility for the OCTs as a group.
    As both Decisions have been deemed ‘fit for purpose’, the guiding principle is to
    preserve what works well, while improving what hinders the partners' effectiveness to
    deliver on their policies and priorities.
    The future instrument/decision
    - The future OAD would comprise of a merger of the current Overseas Association
    Decision and the Greenland Decision, integrating the two decisions in all the
    areas where they are similar or have synergies and highlighting specificities of the
    Greenland Decision such as the objective to preserve the close and lasting links
    between the EU, Greenland and Denmark, the acknowledgement of the
    geostrategic position of Greenland and policy dialogue and potential cooperation
    on Arctic issues and food security.
    - It is foreseen that the structure and the majority of the current Overseas
    Association Decision provisions be maintained, with specific provisions for
    Greenland such as Arctic issues and the special historical and political links to be
    integrated. In the mid-term review report, it was concluded that the Greenland
    Decision was designed in such a way as to cover and better deliver on the wider
    political aims of the partnerships and it is important to ensure that this framework
    will still be provided in the new Decision. As such the new Decision will remain
    very similar to the current Overseas Association Decision with few new and
    updated provisions.
    - The future Decision should consist of the same pillars as the current Overseas
    Association Decision: political, trade and cooperation. The OCTs have a special
    148
    Greenland was until 1985 part of the EU as a region in the Kingdom of Denmark, which entailed support through
    structural funds. When Greenland left the EU, the support to Greenland continued as well as the EU's fishing
    rights in Greenland waters.
    97
    place in the EU as part of the 'EU family' and it is important to ensure that this
    continues to be reflected in the same way in the future instrument.
    - The Instrument will take into account the consequences of the withdrawal of the
    United Kingdom (UK) from the EU and the fact that the special regime regulated
    in Part IV of the Treaty on the Functioning of the European Union would no
    longer apply to the 12 UK OCTs. These OCTs would no longer come under the
    territorial application of the Overseas Association Decision from March 2019 nor
    in the future instrument.
    - The future Instrument should provide for financial allocations under the Budget
    for the OCTs, including a ring-fencing of the financial allocation for Greenland.
    - There will be a general “clause de renvoi” to the broad instrument for the
    implementation of the instrument. Hence, ensuring the coherence between and
    simplification of implementation and management across instruments, the new
    Decision will be aligned with the new implementing regulation including
    implementation modalities, monitoring, evaluation etc. as outline in the Impact
    Assessment.
    - Following the latest developments in EU cooperation, it is envisaged to introduce
    a specific provision/facility to promote a better integration of regional projects
    between OCTs, African Caribbean and Pacific countries and the Outermost
    Regions.
    98
    Annex 8 Additional Information on Humanitarian Aid
    As the world's largest humanitarian aid donor, the EU and its Member States play a
    central role in tackling humanitarian challenges worldwide.
    The Humanitarian Aid programme provides emergency assistance to people, particularly
    the most vulnerable, hit by man-made or natural disasters.
    In line with the Humanitarian Aid regulation (1257/96), the EU’s humanitarian assistance
    goes directly to people affected by disaster or conflict, irrespective of their race, ethnic
    group, religion, sex, age, nationality or political affiliation and must not be guided by, or
    subject to, political considerations. The EU acts on the basis of the international
    humanitarian principles of humanity, neutrality, impartiality and independence.
    The main objective is to provide needs-based delivery of EU assistance to save and
    preserve life, prevent and alleviate human suffering and safeguard the integrity and
    dignity of populations affected by natural disasters or man-made crises, also including
    protracted crises. In addition, the EU is committed to build capacity and resilience of
    vulnerable or disaster-affected communities, in complementarity with other EU
    instruments, and has put in place a resilience action plan. These objectives contribute to
    the overall objectives, principles and actions of the Union's external action as defined in
    Article 21 of the Treaty.
    The EU is recognized as a leading player in humanitarian assistance both in terms of its
    ability to provide rapid and flexible assistance across a wide range of crises, and in virtue
    of its influence in shaping the global humanitarian policy agenda. Because of the
    financial weight and world-wide scope of its humanitarian actions, the EU is also able to
    encourage other humanitarian donors to implement effective and principled humanitarian
    aid strategies. A key comparative advantage of humanitarian aid stems from the fact that
    it is often the only EU instrument able to intervene in acute conflict situations. Thanks to
    its flexibility, humanitarian aid has also made a significant difference on the ground in
    many of the countries and crises at the origin of the global refugee and migration crisis.
    In a context of insufficient funding to address ever-growing needs, the EU is also able to
    fill gaps in global humanitarian aid by addressing needs in areas which are difficult to
    access and by providing response not only to the biggest and most visible humanitarian
    crises, but also to forgotten crises (i.e. crises receiving no or insufficient international aid,
    political and media attention). Moreover, Member States often look to the EU as a donor
    to provide assistance in crises where they are not able to intervene in a national capacity.
    Member States also benefit from the EU's "humanitarian diplomacy" which results in
    more effective provision of humanitarian aid. Another key element of EU added value
    for Member States lies in the strong operational knowledge and technical expertise of the
    EU's unique network of humanitarian field offices spread over almost 40 countries.
    The Commission implements EU humanitarian aid operations through over 200 partner
    organisations, including United Nations agencies, other International Organisations
    including the Red Cross and Red Crescent movement and non-governmental
    99
    organisations (NGOs). The EU has been playing a leading role in the development of
    new policy approaches (e.g. education in emergencies) and innovative funding modalities
    (e.g. cash-based assistance).
    The scale, frequency and duration of crises that demand international humanitarian
    response is increasing, aggravated by long-term trends such as climate change,
    population growth, rapid and unsustainable urbanisation, resource scarcities as well as
    increasingly protracted armed conflicts. These are, and will continue to be, among the
    main drivers of humanitarian crises, which in turn generate growing humanitarian needs
    globally. The projected number of people in need of humanitarian assistance worldwide
    in 2018 reached a new record high (136 million people in 25 countries)149
    . And the
    figures are increasing every year. On the other hand, the amount of available resources at
    global level to respond to these ever growing humanitarian needs is not increasing at the
    same level. The overall gap between available resources and humanitarian needs is
    expected to continue to grow. Against this background, there will be an ever greater need
    for front-line life-saving humanitarian assistance. At the same time, given the protracted
    nature of several crises, there will also continue to be a need for enhanced cooperation
    between humanitarian and development assistance in order to cater for the needs of
    people affected by protracted crises.
    Against this background, the EU will continue to play an active role as an important actor
    in humanitarian action at global level, also beyond 2020. The EU will continue to
    promote the development of more effective coordination of humanitarian aid at global
    level, to push for the development of new policy areas (such as education in
    emergencies) as well as to support efforts aimed at making the delivery of humanitarian
    aid more effective and efficient (for instance, through the continued roll-out of the use of
    cash as an effective delivery modality; or by exploring possibilities to move towards a
    more programmatic partnership between the EU as a donor and its humanitarian partners,
    in line with the Grand Bargain commitments agreed at the 2016 World Humanitarian
    Summit).
    Providing rapid and flexible life-saving assistance both in the major crises and in so-
    called "forgotten crises" will continue to be a hallmark of the EU's profile as a donor. The
    EU's extensive network of humanitarian field experts based in countries in crisis will
    remain a key element of the EU's humanitarian aid delivery and a clear comparative
    advantage as a donor.
    The EU's action as a humanitarian aid donor will continue to be complementary with EU
    Member States' bilateral contributions in response to crises. A share of the annual EU
    humanitarian aid budget will continue to be pre-allocated to on-going crises and for
    prevention/preparedness measures, while the rest will be deployed to respond to new
    crises or deterioration of existing ones.
    The policy and legal framework for the EU's humanitarian aid is not expected to change.
    The comprehensive evaluation on humanitarian aid for the period 2012-2016 confirmed
    the relevance of the current framework for humanitarian aid. The evaluation underlined
    that the EU humanitarian objectives are very relevant with respect to the continuing
    global humanitarian needs and that they are future-proof and in line with the
    149
    See: https://www.unocha.org/sites/unocha/files/GHO2018.PDF
    100
    humanitarian principles. Consultations at all levels also confirmed that stakeholders want
    the EU to continue most of what it has been doing to date. Some areas for improvement
    were also identified, but these do not require a change to the current legal framework.
    The Humanitarian Aid Regulation (HAR) continues to offer wide flexibility. This
    ensures that assistance is channelled effectively and efficiently to people in need. The
    Regulation is also flexible enough to allows adaptations to working modalities where
    needed (e.g. to fulfil new commitments such as those undertaken at the World
    Humanitarian Summit in 2016; or to allow the EU's humanitarian aid to contribute
    effectively to the humanitarian-development nexus or to resilience-building).
    In light of the above, and considering that the HAR is not linked by duration to a specific
    Multi-Annual Financial Framework, a revision of the HAR is not deemed to be necessary
    at this stage.
    101
    Annex 9 Additional Information on Union Civil Protection
    Mechanism
    The Union Civil Protection Mechanism (UCPM) was established in 2013 by Decision
    1313/2013/EU with the objective to support, complement and facilitate coordination of
    Member States’ action in the field of civil protection. The UCPM ensures the
    coordination of in-kind assistance provided by the participating states to victims of
    natural and man-made disasters in Europe and elsewhere. The total UCPM’s financial
    envelope for the period 2014-2020 is EUR 368.4 million, 144.6 million out of which are
    funded by Heading 4 (40% approximately). There are two budget lines within Heading 4
    for the UCPM: a) Prevention & Preparedness outside the EU, and b) Response actions
    outside the EU. The combined budget of both external lines amounts to approximately
    EUR 20 million per year.
    The funding provided by Heading 4 is explained by the fact that the UCPM is not an
    intra-EU disaster management tool solely, as it can be activated by any country in the
    world (or UN body) following a disaster. Indeed, the external dimension of the UCPM
    has steadily grown in importance in recent years. According to the most recent data150
    , of
    the 96 times that the UCPM has been activated since 2014 64 of those activations were
    for activations from outside the EU, i.e. 66 % times.
    Despite the rather positive results of the recently conducted UCPM Interim Evaluation
    (2017), it is difficult to measure the expected impacts post-2020, especially for the
    international dimension of the UCPM. According to recent scientific research, climate
    change is expected to significantly increase the frequency and magnitude of natural
    disasters around the world151
    . Against this backdrop, the UCPM might be confronted to
    an increasing number of activations outside the EU borders, sometimes in remote
    locations, which will put the UCPM to the test.
    The European Commission adopted in November 2017 a proposal to amend Decision
    1313/2013 with the objective of improving the efficiency and effectiveness of the
    Union's Civil Protection Mechanism by developing additional overall capacities at EU
    level (rescEU), increasing funding in support of operations and reinforcing the
    prevention component of the Mechanism. This proposal is currently under negotiation in
    the Council of the EU and the European Parliament, with the aim of reaching agreement
    before the end of 2018.
    150
    Source: Emergency Response Coordination Centre, January 2018
    151
    Forzieri, G. et al., 'Increasing risk over time of weather-related hazards to the European population: a data-driven prognostic
    study', Lancet Planet Health, vol. 1, 2017, pp. e200–08.
    102
    Annex 10 Additional Information on Support to the Turkish
    Cypriot Community
    At the time of Cyprus' accession to the EU in 2004, the Council stated its determination
    to "put an end to the isolation of the Turkish Cypriot community and to facilitate the
    reunification of Cyprus by encouraging the economic development of the Turkish
    Cypriot community". Therefore, in parallel to supporting negotiations for a
    comprehensive settlement of the Cyprus issue, the EU provides support through a single
    EU Aid Programme for the Turkish Cypriot community.
    This programme was established in 2006, following a request of the Council and
    amounts to 232 million (33 million yearly) for 2014-2020
    The Programme aims at facilitating the reunification of Cyprus by encouraging the
    economic development of the Turkish Cypriot community with particular emphasis on
    the economic integration of the island, improving contacts between the two communities
    and with the EU, and preparation for the EU acquis. The Aid programme pursues six
    specific objectives: a) developing and restoring infrastructures; b) promoting social and
    economic development; c) fostering reconciliation, confidence building measures, and
    support to civil society; d) bringing the Turkish Cypriot community closer to the EU; and
    e) preparing the Turkish Cypriot community to introduce and implement EU acquis
    following a comprehensive settlement of the Cyprus problem.
    The Aid Programme is an unique instrument with its own legal basis152
    . Contrary to most
    external action instruments, its duration is not linked to the MFF and the programme has
    not an end date. The Aid Programme presents little scope for synergies with other
    instruments and the Aid Programme should remain a separate instrument financed under
    Heading IV allowing its implementation to pursue the scope and the objectives defined in
    the basic act.
    The EU is in a unique position to provide political and economic support towards the
    reunification of the island.
    The programme is directly implemented by the European Commission. Some projects
    are implemented under indirect management by International Organisations or Member
    States Agencies.
    A third of the Aid Programme funds have been dedicated to environmental infrastructure
    projects. This resulted in the replacement of old asbestos pipes in water distribution
    networks, and the construction of wastewater treatment plants and sewerage networks.
    Another third was allocated for socio-economic development enabling some 400 grant
    awards to farmers, businesses and civil society organisations to help modernise and
    improve competitiveness. The remaining funds were allocated for bi-communal efforts
    and familiarisation with EU matters (including the EU acquis). This allowed the
    Committee on Missing Persons (CMP) to exhume 1217 sets of remains out of 2002
    missing persons. In addition, 72 island-wide Cultural Heritage initiatives were completed
    152
    Council Regulation (EC) 389/2006
    103
    involving more than 6000 Greek and Turkish Cypriots. More than 1000 grants for
    studying in the EU have been awarded to Turkish Cypriot students and professionals
    upgrading their qualifications and their EU awareness.
    Finally, the impact of EU investment through TAIEX medium term assistance has been
    significant, with around 200 legal texts prepared with the support of TAIEX experts.
    104
    Annex 11 Additional Information on Instrument for Nuclear
    Safety Cooperation
    The INSC, with EUR 250 million, is addressing nuclear safety in third countries,
    alignment with EU policies and priorities and addressing specific needs. The set-up in
    2015 of a multilateral Environmental Remediation Account on remediating legacy
    mining waste in Central Asia is an example of how the Instrument addresses these needs,
    in coordination with international donors and organisations. The Instrument duly
    promotes the highest standards and practices used in the European Union on the basis of
    the Euratom Treaty and a set of relevant Directives153
    . The Instrument also matches
    recognised priorities as pursued by the International Atomic Energy Agency (IAEA) and
    the G7 Nuclear Safety and Security Group (NSSG). Coordination with the European
    External Action Service ensures compatibility of actions with international Conventions
    and Treaties and international developments.
    The INSC can foster unique added value to engagement in nuclear safety cooperation
    with third countries, well beyond the capacities of Member States and other donors. The
    institutional framework allows the Commission to act at a global level on nuclear safety
    cooperation with consultations with the G7/8, and features specialized know-how and
    expertise, high nuclear safety standards and exclusive EU powers to address nuclear
    safeguards and based on continuity for nuclear safety cooperation with a track record of
    over a quarter of a century. It allows the EU to assume a world leading role in nuclear
    safety and permits engagement in policy level dialogue with Partner Countries and, in
    specific cases the triggering of political dialogue in the wake of nuclear safety
    negotiations.
    The activitites under this instrument should continue as much as possible under the broad
    instrument, notwithstanding the need for a specific instrument with a Euratom legal base,
    to preserve its competence, in full coherency and complementarity. Therefore a new
    instrument complementing the broad instrument should cover these types of activities.
    153
    Euratom Directives on Nuclear Safety (amended 2014), Radioactive Waste management (established 2011), and
    Basic Safety Standards on radiation protection (amended 2013).Common Implementing Regulation
    105
    Annex 12 Minutes of the Inter-service Steering Group
    Meeting, 23 March 2018
    REPORT – ISSG Meeting - MFF External Policy Cluster on 23 March 2018
    Services participating: BUDG, CLIMA, CNECT, DEVCO, EAC, ECFIN, ECHO, EEAS,
    ENV, HOME, MARE, NEAR, SG, SRSS, TRADE (participants list attached).
    The SG together with DG DEVCO provided feedback to questions on the draft impact
    assessment (IA), and invited DGs to provide written comments by Monday 26 March
    12h. SG also outlined the next steps including the submission of the IA early next week,
    with the RSB meeting taking place on 25 April.
    The SG (W. Sleath) highlighted the context of the current draft impact assessment, and
    the need to clearly point to the costs of a non-Europe and the European added-value.
    Guidance was provided by the joint note from Commission President Juncker and
    Commissioner Oettinger. The SG also reminded that the Impact Assessment (IA) was a
    document that would be shared with the general public and that the minutes of the ISSG
    meeting will accompany the IA when sent to the Regulatory Scrutiny Board (RSB).
    DG DEVCO underlined that the objective should be to secure a positive opinion from the
    RSB. The work on the new broad instrument in general, and the IA in particular, was a
    collaborative undertaking of contributions and discussions with several DGs. The work
    was based on the mid-term review evaluations (MTR), taken forward by sketching out
    where the EU would like to go in the future, and taking into account RSB guidance. The
    SG had confirmed that the ex-ante evaluations listed in the guidance note were not
    required as separate texts if covered properly in the IA. The IA was an analytical
    document informing future discussions - not a position paper- focusing on the future
    broad instrument. DG DEVCO stressed that the instrument would be primarily an
    enabling instrument and not a place to set policies. The Annexes to the IA would focus
    on the instruments that would exist outside the new broad instrument.
    DG CLIMA asked whether the Partnership Instrument (PI) would be covered by the
    geographical or thematic pillar of the future instrument, highlighting that the former
    instrument would deliver through both channels. A link to the SDGs was important,
    including in the context of G20 discussions, where PI support was a valuable bargaining
    chip. The FPI added that the PI had a proven track-record and in the future would also
    need a thematic perspective. DG DEVCO recalled that the new broad instrument was not
    a copy-paste of previous instruments and would not put entire previous programmes in
    individual pillars, but would rather look at the actions financed under the former
    instrument and assign them to pillars where maximum synergies with other efforts could
    be reaped. This would also apply to the external projection of EU policies. The
    106
    geographic pillar would focus on national and regional cooperation, while the thematic
    pillar should address truly global issues. Crisis management and the development-
    humanitarian nexus would be covered under the un-programmed pillar. SG added that
    since EU interests apply overall, it is not useful to define the structure of the instrument
    based on such interests.
    DG HOME enquired on how migration would precisely be captured in the new external
    instrument, given the emphasis in the note from the President and Commissioner
    Oettinger, and noted the importance of an effective delineation with the funds with an
    internal focus. DG DEVCO highlighted the importance of migration across the three
    pillars of the new instrument, with migration having a national, regional but also global
    and possibly an emergency dimension; the latter of these would be covered by the un-
    programmed part of the new instrument, or under the unallocated heading (20% of the
    instrument). It was too early to discuss amounts.
    DG ECHO wondered how the development-humanitarian nexus would be covered under
    the un-programmable pillar, how the European Development Fund's (EDF) ability to
    complement for emergencies would be preserved, and how the internal and external
    dimensions of disaster relied actions would be procedurally captured under the two
    respective headings (the SG pointed to the internal centre of gravity of RescEU financing
    actions). DG DEVCO stressed that that access to the broad instrument’s unallocated
    funds for humanitarian purposes was not foreseen. If necessary, the successor to the
    emergency reserve should supplement funding of the humanitarian instrument. The
    development-humanitarian nexus would be covered under the un-programmed pillar.
    The Legal Service (SJ) enquired about the place of the investment related parts (e.g.
    guarantees) in the new architecture, and wondered about a 'plan B' in case the EDF could
    not be budgetised (DG DEVCO confirmed there is no 'plan B'). The SJ also provided
    comments on the Instrument for Nuclear Safety Cooperation and the EU Aid Volunteers
    and on the need to verify the legal bases of the Regulation of the new instrument at a
    later stage, when the shape and form of the Regulation is clearer. DG ECFIN added that
    the investment-related provisions were part of the new instrument but this would have to
    be made clearer in the current draft IA.
    DG BUDG asked for a clearer link between the objectives and the individual pillars, to
    which DG DEVCO replied that this was against the spirit (maximisation of synergies) of
    the new instrument, in the sense that objectives would be met by actions under all pillars
    (thereby benefitting from the possibility of addressing challenges at the most effective
    level (national, regional, and/or global). The SG added that the new broad instrument was
    an enabling tool to fulfil political set (and possibly changing) objectives.
    The EEAS underlined that the Global Strategy should be clearly referred to, and pointed
    to the need for several thematic topics (climate change, human rights, peace and
    stabilisation) to maintain the current funding level, despite the smaller proportion of the
    thematic pillar compared to the geographical pillar. DG ENV was also in support of a
    thematic coverage to promote EU policies. DG MARE indicated their wish to maintain
    107
    the financing of their global ocean governance actions under the thematic pillar,
    highlighting global challenges such as illegal fishing, climate change and water pollution.
    DG CNECT asked for higher visibility in the current draft IA text for the digitalisation of
    societies, including in the developing world. DG EAC recalled the importance of
    simplifying the procedures of the Erasmus+ programme to overcome the current
    (planning and programming) mismatch between the different budget headings.
    On the next steps, the SG invited the DGs and services to send written comments at the
    latest by Monday 26 March noon. Shortly thereafter the IA would be submitted to the
    RSB, which will meet on 25 April. College adoption of the MFF proposal is planned for
    2 May, and the adoption of the individual instruments for the end of May.
    SG.E3
    LIST OF PARTICIPANTS
    L. Havas (LS)
    L. Forsberg (CNECT)
    M. Giacomini, F. Ceriani Sebregondi, M-L. de Bergh, M. Kreibich (EEAS)
    K. Morris, L-J. Magnusson (BUDG)
    F. Gaztelu Mezquiriz, J. D'Souza (HOME)
    A. Ladefoged, F. Sordet, (ENV)
    P. Owen, M. Kaspar (CLIMA)
    B. Nolan, C. Morel, G. Guazzugli Marini (EAC)
    R. van Bameveld (MARE)
    Y. Cimmarrasti (JRC)
    S. Weinberg, D. Lenaerts (ECFIN)
    H. Gerstbrein, G. Miller, K. Valica (FPI)
    R. Mengel-Jorgensen (TRADE)
    C. Gariazzo, M. Panigalli (ECHO)
    R. Henoumont (SRSS)
    108
    A. Lidou, A. Pires, G. Balducci (NEAR)
    V. Grimaud, B. San Emeterio, H. Dean (DEVCO)
    W. Sleath, J-C. Van Eeckhaute, T. Ketterer, D. Majoros, C. van den Boogert (SG)