**Avis juridique important**

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# 22003D0003(01)

**2003/3/: Decision No 3/2003 of the ACP-EC Council of Ministers of 11 December 2003 on the use of resources from the long-term development envelope of the ninth EDF for the creation of a Peace Facility for Africa***Official Journal L 345 , 31/12/2003 P. 0108 - 0111*

Decision No 3/2003 of the ACP-EC Council of Ministers

of 11 December 2003

on the use of resources from the long-term development envelope of the ninth EDF for the creation of a Peace Facility for Africa

THE ACP-EC COUNCIL OF MINISTERS,

Having regard to the ACP-EC Partnership Agreement signed in Cotonou on 23 June 2000, and in particular paragraph 8 of Annex I thereto,

Whereas:

(1) By Decision No 10/2001 of the ACP-EC Committee of Ambassadors of 20 December 2001 on the use of unallocated resources from the 8th European Development Fund(1) and Decision No 3/2002 of the ACP-EC Council of Ministers, of 23 December 2002 on the reallocation of unallocated resources as well as uncommitted interest subsidies from the Eighth European Development Fund(2), the ACP-EC Council of Ministers allocated resources to peace-building, conflict prevention and resolution for a total amount of EUR 75 million.

(2) At the Summit of the African Union in Maputo from 4 to 12 July 2003, the African Heads of State took a "Decision on the Establishment by the European Union of a Peace Support Operation Facility for the African Union". In their decision, they specified that such a facility should be financed from resources allocated to each of them under the existing cooperation agreements with the European Union and be supplemented by an equivalent amount of unallocated European Development Fund resources.

(3) In order to ensure rapid and efficient response to situations of violent conflict, the creation of a Peace Facility is appropriate.

(4) To allow for the creation of a Peace Facility for Africa, in accordance with Article 11 of the ACP-EC Partnership Agreement, supplementary resources should be allocated to intra-ACP cooperation. Since the envelope for regional cooperation and integration as defined in paragraph 3(b) of Annex I to the ACP-EC Partnership Agreement is exhausted, the necessary resources will therefore be transferred from allocations notified to individual ACP-countries under the long-term development envelope of the ninth EDF as defined in paragraph 3(a) of Annex I to the ACP-EC Partnership Agreement, as well as from unallocated resources of that envelope,

HAS DECIDED AS FOLLOWS:

Article 1

Peace support

1. A contribution of 1,5 % shall be taken from allocations that were notified to African ACP States in accordance with Article 1(b) of Annex IV to the ACP-EC Partnership Agreement. Such contribution will be taken from the uncommitted balance of the allocation referred to in Article 3(2)(b) of Annex IV to the ACP-EC Partnership Agreement, the so-called B-allocation. If the uncommitted balance of the B-allocation is insufficient, the remainder will be taken from the uncommitted balance of the allocation referred to in Article 3(2)(a) of Annex IV, the so-called A-allocation. A total amount of EUR 126,4 million shall thus be transferred from the respective country allocations to the intra-ACP allocation under the envelope for regional cooperation and integration and used for the creation of a Peace Facility for Africa. Individual contributions are specified in the last column of the table in the Annex to this Decision.

2. An amount of EUR 123,6 million shall be transferred from unallocated resources of the 9th EDF long-term development envelope to the intra-ACP allocation under the envelope for regional cooperation and integration, and used for the creation of a Peace Facility for Africa.

Article 2

Financing request

In accordance with Article 13(2)(b) of Annex IV to the ACP-EC Partnership Agreement, the ACP Council of Ministers requests the Commission to finance a Peace Facility for Africa for a total amount of EUR 250 million.

Article 3

Implementation

The ACP States, the Member States and the Community shall be bound, each to the extent to which it is concerned, to take the measures necessary to implement this Decision.

Article 4

Entry into force

This Decision shall enter into force on the day of its adoption.

Done at Brussels, 11 December 2003.

For the ACP-EC Council of Ministers

The President

Franco Frattini

(1) OJ L 50, 21.2.2002, p. 62.

(2) OJ L 59, 4.3.2003, p. 24.

ANNEX

Contributions from country allocations

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