Category: KB

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council establishing the Ukraine Loan Cooperation Mechanism and providing exceptional macro-financial assistance to Ukraine

(COM(2024)0426 – C10‑0106/2024 – 2024/0234(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2024)0426),

– having regard to Article 294(2) and Article 212 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C10‑0106/2024),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the budgetary assessment by the Committee on Budgets,

– having regard to the undertaking given by the Council representative by letter of 9 October 2024 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

– having regard to Rule 60 of its Rules of Procedure,

– having regard to the letter from the Committee on Foreign Affairs,

– having regard to the report of the Committee on International Trade (A10-0006/2024),

1. Adopts its position at first reading, taking over the Commission proposal;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

EXPLANATORY STATEMENT

The ongoing war of aggression by Russia has significantly increased Ukraine’s financial needs. To address these challenges, both the European Union (EU) and the international community are being called upon to provide additional funding.

In response, the European Commission has put forward a legislative proposal aligned with a G7 initiative. This proposal aims to utilize the extraordinary revenues from immobilized Russian assets to cover Ukraine’s urgent financial needs. Specifically, the proposal seeks to establish the Ukraine Loan Cooperation Mechanism (ULCM), which will enable Ukraine to service and repay loans of up to €45 billion. These loans will be repaid using the windfall profits generated from frozen Russian assets. The EU’s proposed macro-financial assistance (MFA) includes an amount of up to €35 billion, intended to support Ukraine’s immediate financing needs. This assistance will be delivered in a predictable, long-term, and timely manner.

A key feature of this MFA is that Ukraine will not be required to repay the loan directly. Instead, repayments will be covered by windfall profits generated from interest accrued on immobilized Russian assets. Additionally, the terms of this loan will align with the conditions under the Ukraine Facility.

The rapporteur emphasizes the importance of a swift procedure in order for the EU to adopt this proposal by the end of October 2024 to ensure that the MFA loan can be released by the end of 2024.

ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur declares that she has received input from the following entities or persons in the preparation of the report, prior to the adoption thereof in committee:

The list above is drawn up under the exclusive responsibility of the rapporteur.

Where natural persons are identified in the list by their name, by their function or by both, the rapporteur declares that she has submitted to the concerned natural persons the European Parliament’s Data Protection Notice No 484 (https://www.europarl.europa.eu/data-protect/index.do), which sets out the conditions applicable to the processing of their personal data and the rights linked to that processing.

BUDGETARY ASSESSMENT (11.10.2024)

for the Committee on International Trade

on the proposal for a regulation of the European Parliament and of the Council establishing the Ukraine Loan Cooperation Mechanism and providing exceptional macro-financial assistance to Ukraine

(COM(2024)0426 – C10‑0106/2024 – 2024/0234(COD))

Rapporteur for budgetary assessment: Janusz Lewandowski 

The Committee on Budgets has carried out a budgetary assessment of the proposal under Rule 58 of the Rules of Procedure and has reached the following conclusions:

– having regard to Council Regulation (EU, Euratom) 2022/2496 of 15 December 2022 amending Regulation (EU, Euratom) 2020/2093 laying down the multiannual financial framework for the years 2021 to 2027[1],

– having regard to Council Regulation (EU, Euratom) 2024/765 of 29 February 2024 amending Regulation (EU, Euratom) 2020/2093 laying down the multiannual financial framework for the years 2021 to 2027[2],

– having regard to Regulation (EU) 2024/792 of the European Parliament and of the Council of 29 February 2024 establishing the Ukraine Facility[3],

– having regard to Regulation (EU) 2022/2463 of the European Parliament and of the Council of 14 December 2022 establishing an instrument for providing support to Ukraine for 2023 (macro-financial assistance +)[4],

– having regard to Council Decision (CFSP) 2022/335 of 28 February 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine[5],

– having regard to Council Decision (CFSP) 2024/577 of 12 February 2024 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine[6],

– having regard to Council Decision (CFSP) 2024/1470 of 21 May 2024 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine[7],

– having regard to Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council of 23 September 2024 on the financial rules applicable to the general budget of the Union[8],

– having regard to the Interinstitutional Agreement of 16 December 2020 between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources[9],

A. whereas the Commission proposed a draft amendment to Council Regulation (EU, Euratom) 2022/2496 that made it possible to allow contingent liabilities stemming from financial assistance to Ukraine for 2023 and 2024 only to be treated in the same manner as financial assistance for Member States;

B. whereas there is a need for greater sustained budgetary support to Ukraine;

C. whereas Ukraine’s financing needs are expected to significantly outstrip current IMF projections and total at least USD 38 billion for 2025, making the amounts available under previous rounds of macro-financial assistance (MFA), the Ukraine Facility and the current round of MFA insufficient to ensure the required level of support, particularly for 2026 and 2027;

D. whereas Council Decision (CFSP) 2024/577 provides rules for allocating extraordinary revenues stemming from immobilised Russian state assets to the Ukraine Peace Facility and the Ukraine Facility, considering that EUR 210 billion of Russian Central Bank assets are currently held by financial institutions in the EU;

E. whereas the G7 leaders announced the launch of Extraordinary Revenue Acceleration Loans for Ukraine, which would make USD 50 billion available to Ukraine and would be secured through immobilised Russian state assets;

F. whereas the next tranche of the IMF’s loan to Ukraine is also linked to the entry into force of the proposed regulation;

1. Takes note of the proposal for the creation of the new Ukraine Loan Cooperation Mechanism, which will provide non-repayable financial support with a view to assisting Ukraine to repay loans provided for its support and will be endowed mainly by the amounts transferred in accordance with Annex XLI to Council Regulation (EU) 833/2014[10], as well as by any potential amounts stemming from voluntary contributions from Member States, third countries or other sources, for up to EUR 45 billion;

2. Takes note of the conditions and obligations that Ukraine must fulfil in order to receive and use the non-repayable financial support provided by the Ukraine Loan Cooperation Mechanism, particularly the obligation for the repayment of the principal, interest and any other costs of the MFA loan or eligible bilateral loans;

3. Takes note of the proposal for the creation of a new MFA instrument for the benefit of Ukraine, providing support of up to EUR 35 billion, pending other contributions under the G7 agreement on Extraordinary Revenue Acceleration Loans for Ukraine, over a duration of 45 years; takes note of the fact that the Commission’s proposal seems to be based on the assumption that the Russian state assets will remain immobilised for 45 years and on various assumptions regarding the future flows of extraordinary revenues stemming from the immobilisation of Russian sovereign assets held in the EU;

4. Takes note of the fact that there is no grace period for the repayment of the principal or interest for the MFA instrument;

5. Takes note of the fact that the MFA instrument, unlike previous instruments, does not give Ukraine the option to request interest rate subsidies covered by Member States;

6. Takes note of the preconditions for support, such as effective democratic mechanisms, including a multi-party parliamentary system and the rule of law, and respect for human rights, including for those of minorities, and takes note of the consequences of not meeting, or no longer meeting, these preconditions;

7. Takes note of the future negotiation between the Commission and Ukraine on the Memorandum of Understanding containing the guidelines that will underpin all future disbursements to Ukraine and must be consistent with the qualitative and quantitative steps contained in the Annex to Council Implementing Decision (EU) 2024/1447 of 14 May 2024 on the approval of the assessment of the Ukraine Plan[11] and any amendments thereto; takes note of the fact that the assessment criteria for the funds allocated through the Ukraine Loan Cooperation Mechanism are aligned with the assessment criteria established in Article 18 of Regulation (EU) 2024/792 in order to guarantee effective support and optimal use of resources for Ukraine’s recovery and development; calls on the Commission to pay particular attention to consulting the Verkhovna Rada and involving relevant stakeholders, including civil society organisations;

8. Takes note of the derogation from Article 31(3), second sentence, of Regulation (EU) 2021/947[12], which implies that the External Action Guarantee will not be used to guarantee the borrowing of the amounts to be lent in the framework of this MFA and that, therefore, the guarantees for this MFA will be provisioned by the headroom; calls for caution in extending borrowing without a clear guarantee mechanism, with a view to ensuring that any additional borrowing does not jeopardise the Union’s financial stability;

9. Takes note of the derogation from Article 214(1) of Regulation (EU) 2024/2509, preventing the establishment of a provisioning rate, because of the use of the headroom for the provisioning of guarantees;

10. Recalls all the mandatory provisions to be included in the MFA Loan Agreement, particularly those related to the early repayment of the amounts borrowed should it be recognised that Ukraine has engaged in any act of fraud, corruption or any other illegal activity detrimental to the financial interests of the Union;

11. Takes note of the repayment arrangements, and particularly of the waterfall structure to be established in the MFA Loan Agreement and the potential implications for the EU budget;

12. Takes note of the provisions on the transmission of information to Parliament and the Council, as laid down in the Interinstitutional Agreement on good interinstitutional cooperation and governance and specifically within the framework of the annual budgetary procedure, ensuring full accountability and oversight of how funds are managed and disbursed; acknowledges the urgent need to implement the proposed regulation and calls for the relevant draft amending budget to include only the changes arising from the entry into force of the proposed regulation; expects the proposal to provide an update on the borrowing plan as per Article 52(1)(d)(iii), third indent, of Regulation (EU, Euratom) 2024/2509; expects to be informed, in a timely manner, of the implementation of borrowing as per Article 223(4)(b) of Regulation (EU, Euratom) 2024/2509, including of any potential early repayments and the construction of a buffer, if applicable;

13. Takes note of the fact that, according to the financial legislative statement, the implementation of the proposal does not require any additional human resources or administrative expenditure; reiterates its understanding that new policy priorities or tasks must be accompanied by adequate resources and staff to properly implement them;

14. Regrets the proposal’s lack of clarity about whether the Union budget has final liability, particularly in the framework of a loan guaranteed solely by the headroom, independently of the support from the Ukraine Loan Mechanism, for example in the event of significant changes to the sanctions regime underwriting the mechanism;

15. Requests that the Commission clarify the potential interplay and complementarity in the funding provided by the Ukraine Facility, in particular under Pillar I for 2025, and by the MFA, and explain how the latter will be linked to relevant political and reform-related conditions that are consistent with and support the conditionality under the Ukraine Facility, in particular the Ukraine Plan;

16. Requests that the Commission provide the budgetary authority with details of the aggregation of liabilities to the headroom, contingent on borrowing and lending operations;

17. Recalls that a further amendment to the MFF, adopted by unanimity in the Council, would be required in order to extend the ability of the Union to treat the financial assistance to Ukraine in the same manner as financial assistance to Member States until the end of the current MFF;

18. Regrets the urgency of this proposal, stemming partly from the lack of flexibility granted by the Commission proposal on the amendment of the MFF, and the subsequent Council decision pressuring Parliament to co-legislate in a very limited time frame;

19. Calls on the Committee on International Trade, as the committee responsible, to recommend the approval of the proposal for a regulation of the European Parliament and of the Council establishing the Ukraine Loan Cooperation Mechanism and providing exceptional macro-financial assistance to Ukraine.

LETTER FROM THE COMMITTEE ON FOREIGN AFFAIRS (2.10.2024)

Mr Bernd Lange

Chair

Committee on International Trade

BRUSSELS

Subject:  Opinion on the proposal for a regulation of the European Parliament and of the Council establishing the Ukraine Loan Cooperation Mechanism and providing exceptional macro-financial assistance to Ukraine (COM/2024/426 final) (2024/0234(COD))

Dear Mr Lange,

Under the procedure referred to above, the Committee on Foreign Affairs has been asked to submit an opinion to your committee. By way of a written procedure, the committee Coordinators decided to send the opinion in the form of a letter. Due to the extreme urgency of the procedure, the committee Coordinators adopted the opinion at their meeting on 30 September 2024.

Yours sincerely,

David McAllister

SUGGESTIONS

The Committee on Foreign Affairs:

1. Expresses its complete solidarity with the people of Ukraine, along with its full support for the independence, sovereignty and territorial integrity of Ukraine within its internationally recognised borders;

2. Welcomes the commitments of the EU and its Member States to provide humanitarian assistance, military support, economic and financial aid and political support in every possible way until Ukraine’s victory;

3. Commends the Commission’s proposal to establish the Ukraine Loan Cooperation Mechanism, which contributes to answering Parliament’s call on the EU and its Member States to achieve the broadest possible international support for Ukraine, and builds upon the decision of the Council to direct extraordinary revenues stemming from immobilised Russian state assets to the Ukraine Assistance Fund and the Ukraine Facility as well as upon the G7’s decision to offer Ukraine a USD 50 billion loan secured through immobilised Russian state assets;

4. Expresses its conviction that the new Ukraine Loan Cooperation Mechanism is a substantive step towards making Russia financially compensate for the massive damage it continues to cause in Ukraine; insists that this should not preclude the establishment of a sound legal regime for the confiscation of Russian state assets frozen by the EU, to be used for the benefit of Ukraine; urges the Commission and the EEAS to step-up their work in that direction;

5. Acknowledges that the Commission’s proposal is based on the assumption that Russian assets will remain immobilised until Russia definitively and irreversibly ceases its war of aggression against Ukraine.  Therefore urges the Council to adopt swiftly a decision to that effect;

6. Invites the Commission, when evaluating whether Ukraine has met the precondition set out in Article 11 of the proposal, to apply the same standards it applies when it evaluates whether Ukraine has met the precondition set out in Article 5 of Regulation (EU) 2024/792 on the establishment of the Ukraine Facility; in particular, in its assessment, the Commission shall also take into account the context in Ukraine and the consequences of the application of martial law in Ukraine; invites the Commission to transmit its assessment simultaneously to the European Parliament and to the Council;

7. Calls on the Commission to ensure that, when it agrees with Ukraine the policy conditions to be set out in the MoU pursuant to Article 12 of the proposal, it is satisfied that Ukraine has complied with (i) the provisions set out in Article 17 of Regulation (EU) 2024/792 and provided all the relevant explanations, as appropriate; and (ii) the qualitative and quantitative steps provided for in Council Implementing Decision (EU) 2024/1447 and its annex. At the same time, calls on the Commission to make sure, when deciding on the release of funds pursuant to Article 13 of the proposal, that its assessment complies with Article 18 of Regulation (EU) 2024/792 and, in particular, takes into account the criteria listed in paragraph 3 thereof, where relevant; urges the Commission, in that context, to make sure that all decisions adopted by Ukraine on the use of the funds allocated to it in the framework of the proposed regulation respect democratic procedures and are supported by meaningful consultations with all relevant institutions and stakeholders, including the Verkhovna Rada of Ukraine, anti-corruption institutions and representatives of the civil society;

8. Calls on the Commission to transmit the MFA Loan Agreement to the European Parliament as soon as it will be signed;

9. Requests that the Commission include by default in its yearly report on the implementation of the proposed Regulation a review of the adequacy of the arrangements contained in the Regulation itself.

PROCEDURE – COMMITTEE RESPONSIBLE