EN Official Journal of the European Union L 173/15

COUNCIL DECISION (EU) 2017/1206

of 4 July 2017

on the financial contributions to be paid by Member States to finance the European Development Fund, including the second instalment for 2017

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 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) and 21(4) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) In accordance with the procedure laid down in Article 21(3) of the 11th EDF Financial Regulation, the Commission is to present a proposal by 15 June 2017 specifying (a) the amount of the second instalment of the contribution for 2017, (b) a revised annual amount of the contribution for 2017, 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 (EIB) sent on 6 April 2017 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 and 11th EDF should be made.

(4) By means of Decision (EU) 2016/2026 (4), the Council has adopted on 11 November 2016, on a proposal by the Commission, the Decision to set the ceiling for the annual amount of the Member States' EDF contributions for 2017 at EUR 3 850 000 000 for the Commission, and at EUR 150 000 000 for the EIB.

(5) By means of Decision (EU) 2016/1337 (5), the Council has adopted on the 2 August 2016 the allocation of funds decommitted from projects under the 10th EDF for the purpose of replenishing the African Peace Facility for the period 2016-2018. A corollary political agreement was reached by Member States in COREPER to refund a combined amount of EUR 200 million of decommitted amounts from Eighth and Ninth EDF and to have Member States make corresponding payment adjustments so as to refund each Member State according to the share it contributed to those amounts. Payments adjustments are due to take place by the third call for contributions 2017 and/or the first call for contributions 2018,

HAS ADOPTED THIS DECISION:

Article 1

The individual EDF contributions to be paid by Member States to the Commission and the EIB as the second instalment for 2017 are set out in the table in the Annex to this Decision.

Article 2

The shares of Member States' contributions set out in Article 1(2)(a) of the Internal Agreements of the Eighth and Ninth EDF shall be reduced accordingly for an amount of EUR 200 000 000 from funds decommitted under the Eighth and the Ninth EDF. According to each individual Member States preferences, the financial adjustment shall be implemented against the third instalment 2017 and/or the first instalment 2018.

Article 3

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

Done at Brussels, 4 July 2017. For the Council The President M. MAASIKAS

(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 (EU) 2016/2026 of 15 November 2016 on the financial contributions to be paid by Member States to finance the European Development Fund, including the ceiling for 2018, the annual amount for 2017, the first instalment for 2017 and an indicative and non-binding forecast for the expected annual amounts for the years 2019 and 2020 (OJ L 313, 19.11.2016, p. 25).

(5) Council Decision (EU) 2016/1337 of 2 August 2016 concerning the allocation of funds decommitted from projects under the 10th European Development Fund for the purpose of replenishing the African Peace Facility (OJ L 212, 5.8.2016, p. 107).