Proposal for a COUNCIL DECISION on the position to be adopted by the Community within the ACP-EC Council of Ministers regarding the use of resources from the long-term development envelope of the ninth EDF for the creation of a Peace Facility for Africa

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. introduction

Through the signature of the ACP-EC Partnership Agreement, the ACP States and the European Union have agreed to pursue an active, comprehensive and integrated policy of peace building and conflict prevention and resolution [1]. They have also agreed that such policy shall be based on the principle of ownership and focus in particular on building regional, sub-regional and national capacities.

[1] Article 11 of the ACP-EC Partnership Agreement signed in Cotonou on 23 June 2000 (OJ L317, 15.12.2000, P. 3)

The adoption by the EU in May 2001 of its common position on conflict prevention in Africa underscored the EU's resolve to enhance its political partnership with the AU and to move its various instruments more towards the area of conflict prevention and peace building. In its communication to the EU Council on the EU-Africa dialogue (ref. COM 2003/316 of 23-6-2003), the European Commission identified conflict prevention and peace building as a prerequisite for development and a top priority for the EU-Africa political dialogue. Regular dialogue between the donors and the African Union Commission should enable donors to identify and mobilise resources for the peace and security mechanisms of the African Union.

At the Summit of the African Union in Maputo from 4-12 July 2003, the African Heads of State have taken a "Decision on the Establishment by the European Union of a Peace Support Operation Facility for the African Union". They underlined that the persistence of conflicts and the lack of resources to implement African initiatives prevent the continent from taking full advantage of development co-operation, particularly the assistance offered by its development partners. They also requested the EU to examine the possibility of setting up a peace support operation facility, to fund peace support and peace keeping operations conducted under the authority of the African Union, thereby enhancing the capacity of the Union to fully play its role in the promotion of peace, security and stability in Africa. They finally specified that such a facility should be based on the principle of solidarity among African countries and should be financed from resources allocated to each of them under the existing co-operation agreements with the European Union, initially supplemented by an equivalent amount of unallocated European Development Fund (EDF) resources.

The EU General Affairs and External Relations Council in its meeting of 21 July 2003 confirmed the will of the EU and Member States to contribute to the strengthening of African capacities in peace-keeping. It also invited the Commission to present proposals on the possibility of setting up a peace facility as requested by the Heads of State of the African Union.

2. financing

Subject to agreement by the ACP Council of Ministers, the European Union can respond positively to the request of the African Heads of State as regards the use of EDF-resources. The proposal is in line with the provisions of Article 11 of the Cotonou Agreement on peace building, conflict prevention and resolution. The decision taken by the African Heads of State to contribute from national allocations also confirms the basic principles of solidarity and ownership, enshrined in the Cotonou Agreement.

It is proposed to allocate a total amount of EUR250 million to the Peace Facility. This amount would be composed of contributions from 9th EDF allocations notified to ACP-countries in Africa under the long-term development envelope of the ninth EDF as well as unallocated resources (reserve) from the long-term development envelope. A contribution of 1.5% of each country allocation shall be made available for the Peace Facility, from the uncommitted balance of 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 A-allocation). This represents a total amount of EUR126.4 million, which will be complemented by EUR123,6 million of unallocated resources, which are already available under the reserve of the long term development envelope. The attached draft decision foresees the transfer of these resources to intra-ACP co-operation under the envelope for regional co-operation, with an earmarking for the Peace Facility.

Subject to adoption of the attached decision by the ACP-EC Council of Ministers, detailed modalities for the establishment of the Peace Facility shall be defined in a financing proposal to be approved by the European Commission, in accordance with Article 16 of annex IV to the Cotonou Agreement.

Table: contributions from country allocations to the Peace Facility

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The Commission proposes that the Council adopt the attached decision on the position to be taken by the Community within the ACP-EC Council of Ministers regarding the use of resources from the long-term development envelope of the ninth EDF for the creation of a Peace Facility for Africa.

Proposal for a COUNCIL DECISION on the position to be adopted by the Community within the ACP-EC Council of Ministers regarding the use of resources from the long-term development envelope of the ninth EDF for the creation of a Peace Facility for Africa

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 310 in conjunction with the second subparagraph of Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) Article 15 of the ACP-EC Partnership Agreement signed in Cotonou on 23 June 2000 establishes an ACP-EC Council of Ministers with powers to take decisions in accordance with the Agreement and Paragraph 8 of Annex I allows the Council of Ministers to take appropriate measures if funds provided for in any of the instruments of the Agreement are exhausted.

(2) Funds from the 9th EDF envelope for regional co-operation and integration are exhausted. The Community's position within the ACP-EC Council of Ministers should therefore be established with a view to its adopting a decision on the Community's participation in the creation of a Peace Facility for Africa.

(3) The EU General Affairs and External Relations Council in its meeting of 21 July 2003 confirmed the will of the EU and Member States to contribute to the strengthening of African capacities in peace-keeping.

HAS DECIDED AS FOLLOWS:

Article 1

The Community shall take the following position within the ACP-EC Council of Ministers on the use of resources from the long-term development envelope for the creation of a Peace Facility for Africa, based on the attached draft decision of the ACP-EC Council of Ministers.

Done at Brussels,

For the Council

The President

ANNEX

Draft

DECISION OF THE ACP-EC COUNCIL OF MINISTERS

on the use of resources from the long-term development envelope of the ninth European Development Fund 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 its Annex I,

Whereas:

(1) By Decisions N° 10/2001 of 20 December 2001 [2] and N° 3/2002 of 23 December 2002 [3], the ACP-EC Council of Ministers allocated resources to peace-building, conflict prevention and resolution for a total amount of EUR 75 million.

[2] OJ L50/62 of 21.2.2002

[3] OJ L59/24 of 4.3.2003

(2) At the Summit of the African Union in Maputo from 4-12 July 2003, the African Heads of State have taken a "Decision on the Establishment by the European Union of a Peace Support Operation Facility for the African Union". In their decision, they have specified that such a facility should be financed from resources allocated to each of them under the existing co-operation 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, it is necessary to allocate supplementary resources to intra-ACP co-operation. However, the envelope for regional co-operation and integration as defined in Article 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 European Development Fund as defined in Article 3(a) of annex I to the APC-EC Partnership Agreement, as well as from unallocated resources of the long-term development 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 EUR126.4 million will thus be transferred from the respective country allocations to the intra-ACP allocation under the envelope for regional co-operation 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 attached to this decision.

2. An amount of EUR123.6 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 co-operation 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 EUR250 million.

Done at ......

For the ACP-EC Council of Ministers

The President

Annex: contributions from country allocations

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