Proposal for COUNCIL DECISION fixing the financial contributions to be paid by the Member States contributing to the European Development Fund (first instalment for 2005)

(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 for the EDF. In the case of the 9th 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.

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

This proposal concerns the first instalment of contributions for 2005. Under Article 38(2) of the 9th EDF Financial Regulation, the schedule decided for this instalment is as follows: (1) the Commission presents its proposal by 15 October at the latest, with the communication containing a statement of the payments to be made in the following financial year and the schedule of calls for contributions; (2) the Council decides on the instalment by the end of the year; (3) the Member States pay the contributions due under this instalment by 21 January 2005.

Note that Article 40(4) of the 9th EDF Financial Regulation stipulates that a Member State which fails to pay the instalment of contributions 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 (first instalment for 2005)

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 on 23 June 2000, [1]

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

Having regard to the Internal Agreement between Representatives of the Member States, meeting within the Council, on the financing and administration of Community aid under the Financial Protocol to the Partnership Agreement between the African, Caribbean and Pacific States and the European Community and its Member States, signed in Brussels on 23 June 2000, [2]

[2] OJ L 317, 15.12.2000, p. 355.

Having regard to Council Decision 2001/822/EC of 27 November 2001 on the association of the overseas countries and territories with the European Community, [3]

[3] OJ L 314, 30.11.2001, p. 1.

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

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

Having regard to the proposal from the Commission, [5]

[5] OJ C [...], [...], p. [...].

Whereas:

(1) The first subparagraph of Article 38(2) of the 9th EDF Financial Regulation stipulates that the Commission is to present the proposal for the first instalment of the following year by 15 October at the latest, with the communication referred to in Article 8(1) of that Financial Regulation containing a statement of the payments to be made in the following financial year and the schedule of calls for contributions.

(2) The first subparagraph of Article 38(2) of the 9th EDF Financial Regulation requires the Council to decide on this instalment by the end of the current year and the Member States to pay the contributions due under this instalment by 21 January of the following year.

(3) In accordance with the first paragraph of Article 121 of the 9th EDF Financial Regulation, the European Investment Bank has sent the Commission its estimates of commitments and payments.

(4) Paragraphs (2), (3) and (4) of Article 133 of the 9th EDF Financial Regulation stipulate that the procedure for calling for contributions under the 9th EDF also applies to the execution of decisions under previous Funds,

HAS ADOPTED THIS DECISION:

Sole Article

The contributions to be paid by the Member States to the Commission and the European Investment Bank as the first instalment for 2005 are set out in the table in the Annex.

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

Done at Brussels,

For the Council

The President

ANNEX

First instalment of contributions for 2005 (in euro)

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