# EUR-Lex - 52012PC0207 - EN

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# 52012PC0207

**Proposal for a COUNCIL DECISION on the position to be adopted by the EU within the ACP-EU Council of Ministers regarding a decision to reassign part of the unallocated resources of the 10th European Development Fund (EDF) to Intra-ACP cooperation /* COM/2012/0207 final - 2012/0105 (NLE) */**

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EXPLANATORY MEMORANDUM

The EU plays an active part in the
formulation and implementation of new initiatives to assist developing
countries. Such initiatives in favour of ACP countries make a significant
contribution to poverty reduction, which is the main objective of both the
ACP-EU Partnership Agreement and EU's development policy.

Under the 10th
European Development Fund (EDF), Intra-ACP funds have been subject to a multi-annual
strategy for the first time. Furthermore, the revised ACP-EU Partnership Agreement
stipulates that a Mid-Term Review of the 10th EDF Intra-ACP strategy
shall be carried out in the light of needs and performance and in close
collaboration with the ACP side.

Since the
initial programming of the 10th EDF Intra-ACP allocation in 2008, new proposals
have emerged to meet specific needs arising both from ACP countries' existing
priorities and from priorities set by the EU in the context of its development
policy. The Intra-ACP Mid Term Review, prepared jointly with the ACP
Secretariat, confirms the validity of the EU's general approach to Intra-ACP
cooperation and therefore does not foresee any major revision of the strategy. However,
requests for the financing of new activities within the existing strategic
framework have been put forward both by the ACP Group and the EU side. The
amount initially allocated to intra-ACP cooperation under the 10th EDF (EUR
2700 million) has proved insufficient to cover these new needs.

In these circumstances, and in accordance
with paragraph 6 of Annex Ib to the ACP-EU Partnership Agreement, the Committee
of Ambassadors acting on behalf of the Council of Ministers may reassign funds
between the allocations set out in Annex Ib in order to meet programming
requirements under one of such allocations. For calendar reasons and due to the
urgency to respond to identified needs, this decision ought to be adopted by
the forthcoming ACP-EU Council of Ministers in June 2012. The Commission
therefore proposes, subject to the agreement of the Council, that the ACP-EU
Council of Ministers adopts the attached decision providing for the transfer of
EUR 195 million from the unallocated resources of the 10th EDF to the
intra-ACP envelope.

The programming of the EUR 195 million is currently subject
to discussions between the EU and the ACP sides. The use of the overall
additional funds will be approved by the Commission, following the opinion of
the EDF Committee.

The Commission proposes that EUR 100 million of such
financial reallocation be earmarked for replenishment of the African Peace
Facility and, if deemed appropriate by the Council, that Council conclusions be
established accordingly.

2012/0105 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be adopted by the EU
within the ACP-EU Council of Ministers regarding a decision to reassign part of
the unallocated resources of the 10th European Development Fund (EDF) to
Intra-ACP cooperation

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 209 (2) in
conjunction with Article 218 (9) thereof,

Having regard to the proposal from the
European Commission,

Whereas:

(1)       Article 15 of 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 (hereafter the "ACP-EU Partnership Agreement") signed
in Cotonou on 23 June 2000[1] and revised in Luxembourg
on 25 June 2005[2] and in Ouagadougou on 22
June 2010[3] establishes an ACP-EU
Council of Ministers with powers to take decisions in accordance with the
Agreement.

(2)       In accordance with
paragraph 6 of Annex Ib, the Committee of Ambassadors, acting on behalf of the
ACP-EU Council of Ministers, may reassign funds between allocations provided
for in paragraph 2 of that Annex, in order to meet programming requirements
under one of such allocations.

(3)       The balance of funds available
under the 10th EDF envelope for Intra-ACP cooperation is insufficient to meet
the programming requirements that emerged from its Mid-Term Review. It is
proposed to transfer EUR 195 million from the 10th EDF unallocated
resources to the envelope for Intra-ACP cooperation so as to allow for the financing
of actions based on both EU and ACP existing priorities, including a
replenishment of the African Peace Facility amounting to EUR 100 million.

(4)       Due to the meeting
schedule of the ACP-EU joint institutions and the need to act rapidly to address
urgent needs, this Decision should be adopted by the ACP-EU Council of
Ministers in June 2012.

(5)       The EU's position within
the ACP-EU Council of Ministers should therefore be established with a view to adopting
a decision to reassign part of the general reserve of the 10th EDF to the
benefit of the appropriation intended for intra-ACP cooperation.

HAS ADOPTED THIS DECISION:

Article 1

The position of the European Union within
the ACP-EU Council of Ministers, on the use of the general reserve of the
10th European Development Fund, is based on the attached draft decision of the
ACP-EU Council of Ministers.

Formal and minor changes to the draft
Decision of the ACP-EU Council of Ministers may be agreed without requiring
this Decision including its annex to be amended.

Article 2

EUR 100 million
out of the EUR 195 million financial reallocation shall be earmarked for the African
Peace Facility.

Done at Brussels,

For
the Council

The
President

ANNEX

Draft

DECISION
OF THE ACP-EU COUNCIL OF MINISTERS

on
reassigning part of the unallocated resources of the 10th European Development
Fund (EDF) to Intra-ACP cooperation

THE ACP-EU COUNCIL OF MINISTERS,

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[4] and revised in
Luxembourg on 25 June 2005[5] and in Ouagadougou on 22
June 2010[6] (hereinafter referred to
as "the ACP‑EU Partnership Agreement"), and in particular paragraph
6 of Annex Ib thereto,

Whereas:

(1)          10th EDF Intra-ACP remaining
funds are insufficient to meet the programming requirements which emerged from the
10th EDF Intra-ACP Mid-Term Review.

(2)          In order to continue
providing a rapid and efficient response to situations of violent conflicts in
Africa, the replenishment of the African Peace Facility is required.

(3)          To allow for the financing
of ACP Group and EU priorities, the necessary amount should be
transferred from the unallocated resources of the 10th European
Development Fund to the envelope for Intra-ACP cooperation.

(4)          It is appropriate for the
Council to adopt itself the present decision without delay,

HAS DECIDED AS FOLLOWS:

Article 1 - Intra-ACP cooperation

An amount of EUR 195 million shall be
transferred from the reserve of the 10th EDF to the envelope for intra-ACP
cooperation, in accordance with the objectives set out in Articles 11, 28, 29
and 30 of the ACP-EU Partnership Agreement.

Article 2 – Financing request

In accordance with Article 12b (a) of Annex
IV to the ACP-EU Partnership Agreement, the ACP Council of Ministers requests
the Commission to finance the activities proposed by EU and ACP sides, and
notably to provide additional funding to the African Peace facility for a total
amount of EUR 100 million.

This Decision shall enter into force on the
day it is adopted.

Done at Vanuatu,

For
the ACP-EU Council of Ministers
The President

[1]               OJ L 317, 15.12.2000, p.3.

[2]               OJL 287, 28.10.2005, p.4.

[3]               Provisional application from 1 November 2010 by
ACP-EU Council Decision n° 2/2010 of 21 June 2010, OJ L287, 04.11.2010, p.3

[4]               OJ L 317, 15.12.2000, p.3.

[5]               OJ L 287, 28.10.2005, p.4.

[6]               OJ L287, 04.11.2010, p.3