TITLE III

In duly justified cases and where the action to be implemented is of a global, trans-regional or regional nature, the Commission may decide, within the relevant multiannual indicative programmes or within the relevant action plans or measures to extend the scope of actions to countries and territories not covered by this Regulation pursuant to Article 4 in order to ensure the coherence and effectiveness of Union financing or to foster regional or trans-regional cooperation. The Commission may include a specific financial allocation to assist partner countries and regions to strengthen their cooperation with neighbouring Union outermost regions and with overseas countries and territories. To that end, the Instrument, may contribute, where appropriate and on the basis of reciprocity and proportionality as regards the level of funding from the Decision on the Overseas Association, including Greenland or the Interreg Regulation, or both, to actions implemented by a partner country or region or any other entity under this Regulation, by a country, territory or any other entity under the Decision on the Overseas Association, including Greenland or by a Union outermost region in the frame of joint operational programmes or to interregional cooperation programmes or measures established and implemented under the Interreg Regulation. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. The power to adopt delegated acts referred to in Article 4(6) and (7), Article 6(5), Article 31(4) and (5), Article 35(10) and Article 41(9) shall be conferred on the Commission for the period of validity of this Regulation. The delegation of power referred to in Article 4(6) and (7), Article 6(5), Article 31(4) and (5), Article 35(10) and Article 41(9) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. A delegated act adopted pursuant to Article 4(6) and (7), Article 6(5), Article 31(4) and (5), Article 35(10) and Article 41(9) shall enter into force only if no objection has been expressed either by the European Parliament or to the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. The Commission shall be assisted by the Neighbourhood, Development and International Cooperation Instrument committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. The committee may convene in different formats in charge of specific areas of cooperation and intervention, such as geographic, thematic and rapid response actions. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Where the opinion of the committee is to be obtained by a written procedure, that procedure shall be terminated without result when, within the time-limit for delivery of the opinion, the chair of the committee so decides or a simple majority of committee members so requests. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply. The adopted decision shall remain in force for the duration of the adopted or modified document, action programme or measure. An observer from the EIB shall take part in the committee’s proceedings with regard to questions concerning the EIB. Member States may request the examination of any other matter concerning the implementation of the Instrument, in particular with regard to multi-annual programming documents including mid-term or ad hoc reviews and evaluations. The recipients of Union funding shall acknowledge the origin of those funds and ensure the visibility of the Union funding, in particular when promoting and reporting on the actions, and their results by highlighting the support received from the Union in a visible manner on communication material related to the actions supported under the Instrument, and by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public. Agreements concluded with the recipients of Union funding shall contain obligations in that respect. The Commission shall implement information and communication actions relating to the Instrument, to actions taken pursuant to the Instrument and to the results obtained. Financial resources allocated to the Instrument shall also contribute to the corporate communication of and reporting on the political priorities of the Union, insofar as those priorities are related to the objectives of the Instrument. The Instrument shall support strategic communication and public diplomacy, including the fight against disinformation, with a view to communicating the values of the Union as well as the added value of, and results achieved by, the Union’s actions. The Commission shall make publicly available information on actions financed under the Instrument as referred to in Article 38 of the Financial Regulation, including as appropriate through a comprehensive single website. The website referred to in paragraph 4 shall also include information on financing and investment operations and the essential elements of all External Action Guarantee agreements, including information on the legal identity of eligible counterparts, expected development benefits and complaints procedures, in accordance with point (h) of Article 38(3), taking into account the protection of confidential and commercially sensitive information. Eligible EFSD + counterparts, in accordance with their transparency policies and Union rules on data protection and on access to documents and information, shall proactively and systematically make publicly available on their websites information relating to all financing and investment operations covered by the External Action Guarantee, relating in particular to the manner in which those operations contribute to the achievement of the objectives and requirements set out in this Regulation. Where possible, such information shall be broken down at project level. Such information shall always take into account the protection of confidential and commercially sensitive information. Eligible EFSD+ counterparts shall also publicise Union support in all information which they publish on financing and investment operations covered by the External Action Guarantee in accordance with this Regulation. Where security issues or political sensitivities may make it preferable or necessary to limit communication and visibility activities in certain countries or areas or during certain periods, the target audience and the visibility tools, products and channels to be used in promoting a given action shall be determined on a case-by-case basis, in consultation and agreement with the Union. Where rapid intervention is required in response to a sudden crisis, it is not necessary to produce a full communication and visibility plan immediately. In such situations, however, the Union’s support shall nevertheless be appropriately indicated from the start. This Regulation shall be applied in accordance with Decision 2010/427/EU, in particular Article 9 thereof. Decision No 466/2014/EU is amended as follows: in Article 1, paragraph 5 is replaced by the following: ‘5. The EU guarantee shall cover EIB financing operations signed during the period from 1 January 2014 to 31 December 2021.’; in Article 20, the second paragraph is replaced by the following: ‘By 31 December 2022, the Commission shall present to the European Parliament and to the Council a report on the application of this Decision.’; in Annex I, the last three paragraphs of point D are replaced by the following: ‘Within the overall fixed ceiling, the EIB governing bodies may decide, after consulting the Commission, to reallocate amounts within and between regions.’. Without prejudice to Article 31(8) of this Regulation, Regulations (EC, Euratom) No 480/2009 and (EU) 2017/1601 are repealed with effect from 1 August 2021 and Decision No 466/2014/EU is repealed with effect from 1 January 2022. The financial envelope for the Instrument shall finance the provisioning of the budgetary guarantees authorised under Regulation (EU) 2017/1601 and of guarantees and financial assistance authorised under basic acts whose provisioning is governed by Regulation (EC, Euratom) No 480/2009. Provisioning for such guarantees in and financial assistance to beneficiaries listed in the relevant Annex to the IPA III Regulation shall be financed from that Regulation. The financial envelope for the Instrument may also cover technical and administrative assistance expenditures necessary to ensure the transition between this Regulation and the measures adopted under Regulations (EC, Euratom) No 480/2009, (EU) No 230/2014, (EU) No 232/2014, (EU) No 233/2014, (EU) No 234/2014, (EU) No 235/2014, (EU) No 236/2014, (Euratom) No 237/2014 and (EU) 2017/1601 and Decision No 466/2014/EU. The financial envelope for the Instrument may cover expenditures related to the preparation of any future related Regulation. If necessary, appropriations may be entered in the budget beyond 2027 to cover the expenditures provided for in Article 24(1), to enable the management of actions not completed by 31 December 2027. This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union. It shall apply from 1 January 2021.

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Source: EUR-Lex (Cellar) · retrieved 2026-11-02 · Text as adopted (Official Journal); later amendments are not incorporated in this text.