[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 11.6.2008

COM(2008) 348 final

Proposal for

COUNCIL DECISION

fixing the financial contributions to be paid by the Member States contributing to the European Development Fund (second instalment for 2008)

(presented by the Commission)

EXPLANATORY MEMORANDUM

Since the entry into force of the Financial Regulation for the 9th European Development Fund (EDF) the Council decides, on a proposal from the Commission, on each of the three instalments to be paid by the Member States (Article 38 of the Financial Regulation). In the case of the 9th and 10th EDF instruments managed by the European Investment Bank (EIB), the Member States pay their contributions directly to the EIB. The contributions for other instruments are paid to the Commission.

Article 157 of the 10th EDF Financial Regulation stipulates that the procedure for the Member States' contributions for 2008 is governed by Article 38 of the 9th EDF Financial Regulation.

In accordance with Article 121 of the 9th EDF Financial Regulation, the EIB has sent the Commission its updated estimates of commitments and payments under the instruments it manages.

This proposal concerns the second instalment of contributions for 2008. Under Article 38(2) of the 9th EDF Financial Regulation, the schedule decided for this instalment is as follows: (1) the Commission presents a proposal by 15 June; (2) the Council decides on this instalment no later than 21 calendar days after the Commission presents its proposal; (3) the Member States pay this instalment of the contributions no later than 21 calendar days after they receive notification of the Council decision.

Note that Article 40(4) of the 9th EDF Financial Regulation provides that a Member State which fails to pay the instalment of the contribution due by the deadline will be required to pay interest on the amount unpaid; the arrangements for the payment of interest are specified in the same Article.

Proposal for

COUNCIL DECISION

fixing the financial contributions to be paid by the Member States contributing to the European Development Fund (second instalment for 2008)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

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 (Benin) on 23 June 2000[1], and revised in Luxembourg (Grand Duchy of Luxembourg) on 25 June 2005[2], and in particular Annex Ib thereto,

Having regard to the Internal Agreement between representatives of the Governments of the Member States, meeting within the Council, on the financing of Community aid under the multiannual financial framework for the period 2008 to 2013 in accordance with the ACP-EC Partnership Agreement[3], and in particular Article 7 thereof,

Having regard to the Financial Regulation of 27 March 2003 applicable to the 9th European Development Fund[4], and in particular Article 38(1) and the second subparagraph of Article 38(2) thereof,

Having regard to the Financial Regulation of 18 February 2008 applicable to the 10th European Development Fund (hereinafter referred to as "the 10th EDF Financial Regulation")[5], and in particular Article 157 thereof,

Having regard to the proposal from the Commission[6],

Whereas:

(1) Article 157 of the 10th EDF Financial Regulation provides that the procedure for the Member States' contributions for 2008 remains governed for practical purposes by the 9th EDF Financial Regulation.

(2) On 14 October 2007 the Commission sent the Council a statement of the payments to be made in 2008 and the schedule of calls for contributions. On 20 December the Council adopted the decision laying down the 2008 schedule of calls for contributions from the Member States to the 9th EDF[7].

(3) On 20 December 2007 the Council also adopted the decision laying down the financial contributions to be made by the Member States to the EDF (first instalment for 2008)[8].

(4) In accordance with the second paragraph of Article 121 of the 9th EDF Financial Regulation, the European Investment Bank has sent the Commission the updated estimates of commitments and payments it is responsible for,

HAS ADOPTED THIS DECISION:

Article 1

The contributions to be paid by the Member States to the Commission and the European Investment Bank as the second instalment for 2008 are set out in the table in the Annex.

Article 2

This decision shall apply from the date of its adoption.

Article 3

This decision is addressed to the Member States contributing to the 9th EDF.

Done at Brussels,

For the Council

The President

ANNEX

Second instalment of contributions for 2008 (in euro)

COUNTRY | to the European Investment Bank | to the Commission |

GERMANY | 24 528 000 | 233 600 000 |

BELGIUM | 4 116 000 | 39 200 000 |

DENMARK | 2 247 000 | 21 400 000 |

SPAIN | 6 132 000 | 58 400 000 |

FRANCE | 25 515 000 | 243 000 000 |

GREECE | 1 312 500 | 12 500 000 |

IRELAND | 651 000 | 6 200 000 |

ITALY | 13 167 000 | 125 400 000 |

LUXEMBOURG | 304 500 | 2 900 000 |

NETHERLANDS | 5 481 000 | 52 200 000 |

PORTUGAL | 1 018 500 | 9 700 000 |

UNITED KINGDOM | 13 324 500 | 126 900 000 |

AUSTRIA | 2 782 500 | 26 500 000 |

FINLAND | 1 554 000 | 14 800 000 |

SWEDEN | 2 866 500 | 27 300 000 |

TOTAL | 105 000 000 | 1 000 000 000 |

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

[2] OJ L 209, 11.8.2005, p. 27.

[3] OJ L 247, 9.9.2006, p. 32.

[4] OJ L 83, 1.4.2003, p. 1.

[5] OJ L 78, 19.3.2008, p. 1.

[6] OJ C …, …, p. .

[7] Document 15986/07.

[8] Document 15990/07.