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

(2002/147/EC)

THE ACP-EC COMMITTEE OF AMBASSADORS,

Having regard to the Fourth ACP-EC Convention, signed at Lomé on 15 December 1989 and amended by the Agreement signed in Mauritius on 4 November 1995, and in particular Articles 195(b), 219(2)(d), 245(2), 257 and 282(5) thereof,

Having regard to the ACP-EC Partnership Agreement, signed in Cotonou on 23 June 2000,

Whereas:

(1) Decision No 1/2000(1), the ACP-EC Council of Ministers on 27 July 2000 establishes transitional measures for the period from 2 August 2000 until the entry into force of the ACP-EC Partnership Agreement, and provides for the anticipated application of certain provisions of the Partnership Agreement. In addition certain provisions of the Fourth ACP-EC Lomé Convention continue to apply. Article 2(e) of that Decision stipulates that the provisions of the said Convention, regarding the ACP-EC Council of Ministers' power of decision on the use of unallocated resources from the 6th, 7th and 8th EDFs, remain applicable.

(2) The ACP-EC Council of Ministers on 11 May 2001 delegated the power to decide on the use of unallocated resources from the 8th EDF to the ACP-EC Committee of Ambassadors, on the basis of Articles 195(b), 219(2)(d), 245(2), 257 and 282(5) of the Fourth ACP-EC Convention and Article 2(e) of Decision No 1/2000 of the ACP-EC Council of Ministers.

(3) To ensure the continuation of the activities of the Centre for the Development of Enterprise (CDE) and the Technical Centre for Agricultural and Rural Cooperation (CTA), the necessary funds should be made available to cover the financial requirements for the 2002 financial year.

(4) To ensure that the Community continues the delivery of emergency assistance as referred to in Article 254 of the Fourth ACP-EC Convention it is appropriate to maintain the allocation provided for in Article 2(a) of the Second Financial Protocol.

(5) To ensure that the Community contributes to efforts of conflict prevention and resolution and of peace-building, especially by facilitating the demobilisation and reintegration of former combatants, it is appropriate to create an allocation to this effect.

(6) To ensure the financing of certain activities it is appropriate to allocate supplementary resources to intra-ACP regional cooperation, particularly in favour of public health and private sector support,

HAS DECIDED AS FOLLOWS:

Article 1

CDE/CTA

1. The following shall be taken from unallocated 8th EDF resources (general reserve), as an advance on the 9th EDF:

- a maximum of EUR 23 million to finance the CDE budget in 2002,

- a maximum of EUR 13,7 million to finance the CTA budget in 2002.

2. Any unexpended balances from the funds for the CDE and the CTA not used for the 2002 financial year shall be automatically carried over to the 2003 financial year.

Article 2

Emergency assistance

Until the entry into force of the Financial Protocol of the ACP-EC Partnership Agreement, uncommitted balances of the allocation for emergency assistance as referred to under Article 254 of the Fourth ACP-EC Convention and Article 2(a) of its Second Financial Protocol shall remain allocated to emergency assistance.

Article 3

Conflict prevention and resolution and peace-building

An amount of EUR 50 million shall be taken from unallocated 8th EDF resources (general reserve) for actions in the field of conflict prevention and resolution and peace-building, in accordance with Article 11(2) and (3) of the ACP-EC Partnership Agreement.

Article 4

Intra-ACP

An amount of EUR 94 million shall be taken from unallocated 8th EDF resources (general reserve) for the use of intra-ACP regional cooperation. Within this amount, EUR 44 million shall be a specific allocation for a new initiative in the field of public health and EUR 50 million shall be a specific allocation for the development of the private sector and information technology and communications.

Article 5

Implementation

The Chief Authorising Officer of the EDF is requested to take the measures necessary to give effect to this Decision.

Article 6

Entry into force

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

Done at Brussels, 20 December 2001.

For the ACP-EC Council of Ministers

by the ACP-EC Committee of Ambassadors

The President

F. van Daele

(1) OJ L 195, 1.8.2000, p. 46.