Draft DECISION by the Representatives of the Governments of the Member States, meeting within the Council regarding provisional application of the Internal Agreement 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 Benin on 23 June 2000 and the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the EC Treaty applies

(presented by the Commission)

EXPLANATORY MEMORANDUM

At the ministerial conference held on 2 and 3 February 2000, the negotiations of a new ACP-EC Partnership Agreement were concluded. The Agreement was signed in Cotonou, Benin on 23 June 2000 and shall be submitted for ratification.

The ACP-EC Council of Ministers has adopted transitional measures that will allow for the provisional application of parts of the new Partnership Agreement as of 2 August 2000. Provisions that relate to the release and implementation of financial resources and instruments from the 9th EDF cannot take effect before the financial protocol attached to the new Agreement enters into force. Financial co-operation during the interim period will therefore be financed with resources remaining from the 8th or previous EDFs.

In contrast, programming of resources available under the 9th EDF may begin before the entry into force of the new financial protocol. Such programming may imply an indicative allocation but no commitment of funds that will become available under the 9th EDF.

According to Article 5 of the decision on transitional measures, the Community is required to take the appropriate steps with regard to the implementation of the transitional measures. To ensure a timely implementation of EDF 9 as soon as the resources can be accessed, the appropriate decision-making procedures on programming decisions and preparation must therefore also be in place. To this end, the Commission proposes to provide for a provisional application of the pertinent provisions of the Internal Agreement establishing the 9th EDF, a draft of which has already been submitted by the Commission [1]. This approach is in conformity with that taken on the occasion of the transition from the 7th the 8th EDF [2].

[1] COM (2000) ....

[2] OJ L 327 of 30.12.1995 p.16

The Commission therefore suggests that the Representatives of the Governments of the Member States adopt the attached decision.

Draft DECISION by the Representatives of the Governments of the Member States, meeting within the Council regarding provisional application of the Internal Agreement 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 Benin on 23 June 2000 and the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the EC Treaty applies

REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITY, MEETING WITHIN THE COUNCIL,

Having regard to the Treaty establishing the European Community,

Having regard to the draft submitted by the Commission,

Whereas:

(1) Negotiations for a new ACP-EC Partnership Agreement were concluded in Brussels on 2 and 3 February 2000. The Agreement will not enter into force until the ratification processes in accordance with its Article 93 have been completed.

(2) The ACP-EC Committee of Ambassadors took a decision on 28 February whereby transitional measures applicable until 1 August 2000 were adopted.

(3) In accordance with Article 366(3) of the fourth ACP-EC Convention as amended by the agreement signed in Mauritius on 4 November 1995, the ACP-EC Council of Ministers has adopted transitional measures to cover the period between 2 August 2000 until the Agreement enters into force.

(4) According to Article 5 of the above mentioned transitional measures, the Community shall be required to take the steps appropriate to each of them with regard to the implementation of the transitional measures.

(5) The Member States meeting within the Council have reached consensus concerning an Internal Agreement on the financing and administration of Community aid to the ACP States that corresponds to the provisions on programming and implementation of the Agreement. This Agreement will not enter into force before approval by all Member States in accordance with their constitutional requirements.

HAVE DECIDED AS FOLLOWS:

Article 1

The following provisions of the Internal Agreement for the 9th European Development Fund shall be applied provisionally as of the date of adoption of this Decision:

(a) Articles 14 to 16, 19(1) - 19( 4) relating to the implementation of the programming process;

(b) Articles 21 to 27 for the purposes of the implementation of the programming process;

(c) Articles 29 and 30 for the purposes of the preparation of the functioning of the Investment Facility; and

(d) Article 31 for the purposes of the adoption of the Financial Regulation.

Article 2

This Decision shall remain in force until the entry into force of the Internal Agreement, but no longer than 1 June 2002.

The Representatives of the Governments of the Member States may decide to prolong its applicability.

It shall be published in the Official Journal of the European Communities.

Done at Brussels,

For the Council

The President