EN Official Journal of the European Union L 182/44

COUNCIL DECISION (EU) 2016/1099

of 5 July 2016

on the financial contributions to be paid by Member States to finance the European Development Fund, including the second instalment for 2016

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union and 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), as last amended (‘ACP-EU Partnership Agreement’),

Having regard to the Internal Agreement between the Representatives of the Governments of the Member States of the European Union, meeting within the Council, on the financing of European Union aid under the multiannual financial framework for the period 2014 to 2020, in accordance with the ACP-EU Partnership Agreement and on the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the Treaty on the Functioning of the European Union applies (2) (‘the Internal Agreement’) and in particular Article 7 thereof,

Having regard to the Council Regulation (EU) 2015/323 of 2 March 2015 on the financial regulation applicable to the 11th European Development Fund (3) (‘the 11th EDF Financial Regulation’), and in particular Article 21(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) In accordance with the procedure laid down in Articles 21 to 24 of the 11th EDF Financial Regulation, the Commission is to present a proposal by 15 June 2016 specifying (a) the amount of the second instalment of the contribution for 2016, (b) a revised annual amount of the contribution for 2016, in cases where the amount deviates from actual needs.

(2) In accordance with Article 52 of the 11th EDF Financial Regulation, the European Investment Bank sent on 28 April 2016 to the Commission its updated estimates of commitments and payments under the instruments it manages.

(3) Article 22(1) of the 11th EDF Financial Regulation provides that calls for contributions first use up the amounts provided for in previous European Development Funds (EDFs). Therefore a call for funds under the 10th EDF should be made.

(4) The Council has adopted on the 24 November 2015, on a proposal by the Commission, the Decision to set the ceiling for the annual amount of the Member States' EDF contributions for 2016 at EUR 3 450 000 000 for the Commission, and at EUR 150 000 000 for the European Investment Bank.

(5) By means of Council Decision 2013/759/EU (4), the Council has adopted the creation of the Bridging Facility on 12 December 2013 regarding transitional EDF management measures from 1 January 2014 until the entry into force of the 11th European Development Fund,

HAS ADOPTED THIS DECISION:

Article 1

The individual European Development Fund contributions to be paid by the Member States to the European Commission and the European Investment Bank as the second instalment for 2016 are set out in the table in the Annex to this Decision.

Payments of those contributions may be combined with adjustments under the implementation of the deduction of the funds committed under the Bridging Facility, following an adjustment plan communicated by each Member State to the Commission at the adoption of the third instalment 2015.

Article 2

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

Done at Brussels, 5 July 2016. For the Council The President M. LAJČÁK

(1) OJ L 317, 15.12.2000, p. 3.

(2) OJ L 210, 6.8.2013, p. 1.

(3) OJ L 58, 3.3.2015, p. 17.

(4) Council Decision 2013/759/EU of 12 December 2013 regarding transitional EDF management measures from 1 January 2014 until the entry into force of the 11th European Development Fund (OJ L 335, 14.12.2013, p. 48).