# EUR-Lex - 52014PC0009 - EN

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# 52014PC0009

**Proposal for a COUNCIL REGULATION amending Council Regulation (EC) No 215/2008 of 18 February 2008 on the Financial Regulation applicable to the 10th European Development Fund for the implementation of the Bridging Facility /* COM/2014/09 final - 2014/0003 (NLE) */**

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EXPLANATORY MEMORANDUM

The Internal Agreement establishing the eleventh
European Development Fund (11th EDF) was signed by the Member
States, meeting within the Council, in June 2013. This Internal Agreement will
only enter into force after ratification by all the Member States. This process will probably not be concluded before January 2014.

The Commission has proposed transitional
measures (‘Bridging Facility’) to
ensure the availability of funds for cooperation with African, Caribbean and Pacific countries and
with Overseas Countries and Territories, as well as for support expenditure, between January 2014 and the entry into
force of the Internal Agreement establishing the 11th EDF. This
facility shall be financed from balances and
decommitted funds of the 10th and previous EDFs. The funds under this Bridging Facility shall be accounted for under the
11th EDF.

The Commission has also adopted a proposal
for a Regulation providing financial rules applicable to the 11th
EDF. This Regulation cannot be adopted by the Council before the entry into
force of the 11th EDF Internal Agreement or before the adoption by
the Council of a Decision allowing for a provisional application of some of its
provisions. In the light of the latest discussions in the Council, it is not
expected that any of these processes will be concluded before January 2014.

It is appropriate that actions supported
under the Bridging Facility are as soon as possible implemented using the same
rules as those foreseen for the 11th EDF. Therefore, the Commission
proposes that the Council Regulation on the Financial Regulation applicable to
the 10th EDF be modified in such a way that the financial rules
which will apply to the 11th EDF also apply for the financial
management of the Bridging Facility.

The Commission therefore proposes to the
Council to adopt the attached Regulation in due course, when it can be complemented
by the inclusion in its annex of the substantive provisions of the draft 11th
EDF Financial Regulation, their content having been approved and fixed by the
Council in the meantime.

2014/0003 (NLE)

Proposal for a

COUNCIL REGULATION

amending Council Regulation (EC) No
215/2008 of 18 February 2008 on the Financial Regulation applicable to the 10th
European Development Fund for the implementation of the Bridging Facility

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union,

Having regard to the Partnership Agreement
between the members of the African, Caribbean and Pacific Group of States of
the one part, and the European Community and its Member States, of the other
part, signed in Cotonou on 23 June 2000[1]
(hereinafter referred to as the Cotonou Agreement),

Having regard to the Internal Agreement
between the Representatives of the Governments of the Member States, meeting
within the Council, on the financing of Community aid under the multiannual
financial framework for the period 2008 to 2013 in accordance with the ACP-EC
Partnership Agreement and on the allocation of financial assistance for the
Overseas Countries and Territories to which Part Four of the EC Treaty applies[2], and in particular
Article 10(2) thereof, (hereinafter
referred to as the Internal Agreement),

Having regard to the proposal from the
European Commission,

Having regard to the opinion of the Court
of Auditors[3],

Having regard to the opinion of the European
Investment Bank,

Whereas:

(1)       Council
Decision of [xx/xx/2013] establishes transitional EDF management measures
(Bridging Facility) to ensure the availability of funds for cooperation with
African, Caribbean and Pacific countries and with Overseas Countries and
Territories, as well as for support expenditure, from 1 January 2014 until the
entry into force of the 11th European Fund,

(2)       It is
necessary to modify the implementing rules of the 10th EDF for the operational
and financial management of the transitional measures (‘Bridging Facility’)
financing the transition period between the 10th and the 11th EDF until the
entry into force of the 11th EDF Internal Agreement and its implementing rules,
in line with the latter,

HAS ADOPTED THIS REGULATION:

Article 1

For the purpose of implementing the
Bridging Facility, the provisions of Council Regulation (EC) No 215/2008 are
replaced by those laid down in the Annex of this Regulation.

Article 2

This Regulation shall enter into force on
the third day following that of its publication in the Official Journal of
the European Union.

It shall apply from its date of its entry
into force and until the entry into application of the Financial Regulation of
the 11th EDF.

Done at Brussels,

For
the Council

The
President

ANNEX

(Pro memoria: Text of the 11th
EDF financial rules to be inserted once fixed).

[1]               OJ L 317, 15.12.2000, p. 3. Agreement as amended by the Agreement signed in Luxembourg on 25 June 2005 (OJ L 287, 28.10.2005, p. 4) and by the Agreement signed in Ouagadougou on 22 June 2010 (OJ L 287, 4.11.2010, p. 3).

[2]               OJ L 247
of 9.9.2006, p. 32

[3]               OJ C , , p. .