on the financial contributions to be paid by the parties to the European Development Fund, including the third instalment for 2022

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

The proposal concerns a draft Council Decision on the third instalment of the financial contributions to the 11th European Development Fund to be paid by parties to the European Development Fund (‘EDF’) in 2022.

The 11th EDF and other EDF funds that are still open (that is to say the Ninth and 10th EDF) are managed under the following set of rules:

(a)the current Partnership Agreement between the members of the African, Caribbean and Pacific (‘ACP’) Group of States on one side, and the European Community and its Member States on the other side (the ‘ACP-EU Partnership Agreement’) as last amended;

(b)the Internal Agreement between the Representatives of the Governments of the Member States of the European Union, meeting within the Council, on the financing of European Union 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 11th EDF ‘Internal Agreement’);

(c)Council Regulation (EU) 2018/1877 on the Financial Regulation applicable to the 11th European Development Fund (the ‘11th EDF Financial Regulation’).

(d)Decision No 1/2022 of the ACP-EU Committee of Ambassadors of 21 June 2022 to amend Decision No 3/2019 of the ACP-EU Committee of Ambassadors to adopt transitional measures pursuant to Article 95(4) of the ACP-EU Partnership Agreement to further extend the application of the provisions of the ACP-EU Partnership Agreement until 30 June 2023, or until the entry into force of the new Agreement, or the provisional application between the Union and the ACP States of the new Agreement, whichever comes first;

(e)Council Decision (EU) 2020/2233 concerning the commitment of the funds stemming from reflows under the ACP Investment Facility from operations under the 9th, 10th and 11th European Development Funds;

Council Decision (EU) 2022/1223 concerning the allocation of funds de-committed from projects under the 10th and 11th European Development Funds for the purpose of financing actions addressing the food security crisis and economic shock in African, Caribbean and Pacific (ACP) countries following Russia’s war of aggression against Ukraine.

The documents referred to in points (a) to (f) contain multi-annual commitments by the parties to the EDF to support the EDF treasury financially. The 11th EDF Financial Regulation provides for regular contributions to be made by the parties to the EDF to the EDF treasury against pre-determined financial commitments. Regular contributions are triggered by technical Council Decisions that reflect the implementation of financial commitments previously decided.

Some of the headings in the explanatory memorandum are therefore not applicable to regular contribution calls such as this one.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

In accordance with Article 19(5) of the 11th EDF Financial Regulation, the Council must decide on this proposal at the latest 21 calendar days following the presentation, by the European Commission acting on behalf of the European Union, of this proposal.

2022/0307 (NLE)

Proposal for a

COUNCIL DECISION