on the financial contributions to be paid by Member States to finance the European Development Fund in 2015, including the third instalment for 2015

EXPLANATORY MEMORANDUM

Even though the 11th European Development Fund (EDF) has entered into force, the new procedure concerning Member States' contributions as set out in Articles 21-24 of Council Regulation (EU) 2015/323 on the financial regulation applicable to the 11th European Development Fund will apply for the first time for the first 2016 instalment. Article 63 of Council Regulation (EU) 2015/323 stipulates that the procedure concerning Member States' contributions laid down in its Articles 21 to 24 shall apply for the first time with regard to the contributions of the year N + 2, provided that the 11th EDF Internal Agreement enters into force after the year N (1 March 2015 = N+1), so those articles will apply for the N+2 (1st call of contributions 2016). Until that date, the European Commission is still referring to the 10th EDF Financial Regulation, Articles 57-61, for matters related to Member States' contributions.

As a consequence, and in accordance with Article 57(5) of the 10th EDF Financial Regulation, the present proposal covers:

–the amount of the third instalment of the contribution for 2015.

In accordance with Article 57(7) of the 10th EDF Financial Regulation, the amount managed by the Commission and the amount managed by the European Investment Bank (EIB) are specified separately.

In accordance with Article 145 of the 10th EDF Financial Regulation, the EIB has sent the Commission its updated estimates of commitments and payments under the instruments it manages.

In accordance with Article 58(2) of the Financial Regulation, calls for contributions should first use up the amounts available from previous EDFs, one after the other. The calls for contributions in this proposal, therefore, concern amounts under the 10th EDF for both the EIB and the Commission.

In accordance with Article 57(5) of the 10th EDF Financial Regulation, the Council must decide on this proposal at the latest 21 calendar days following the presentation by the Commission of its proposal and Member States must pay the third instalment at the latest 21 calendar days following the date on which the Council decision was notified to them.

In accordance with Article 1, second subparagraph of Council Decision 2013/759/EU regarding transitional EDF management measures from 1 January 2014 until the entry into force of the 11th European Development Fund (' Bridging Facility'), the shares of Member States’ contributions set out in Article 1(2)(a) of the Internal Agreements of the 8th, 9th and 10th EDF shall be reduced accordingly, after the entry into force of the 11th EDF Internal Agreement. The reduction will have an impact in 2015, 2016 and 2017 Member States' contributions to the Commission according to the option for adjustment chosen by each Member State.

Article 60(1) of the 10th 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.

2015/0246 (NLE)

Proposal for a

COUNCIL DECISION

on the financial contributions to be paid by Member States to finance the European Development Fund in 2015, including the third instalment for 2015

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 Internal Agreement between the 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 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, ("the 10th EDF Internal Agreement") and in particular Article 7 thereof,

Having regard to the Council Regulation (EC) No 215/2008 of 18 February 2008 on the Financial Regulation applicable to the 10th European Development Fund (hereinafter referred to as "the 10th EDF Financial Regulation"), and in particular Article 57(5) thereof,