Proposal for a COUNCIL DECISION fixing the financial contributions to be paid by the Member States contributing to the European Development Fund (second instalment of 2004)

(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. 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.

This proposal concerns the second call for 2004. In accordance with Article 38 of the Financial Regulation, it is accompanied by the communication from the Commission to the Council setting out financial information on the EDF for the purposes of the 2005 budget procedure. The information in that communication is intended to enable the Council to fix the contributions for this instalment.

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

Under Article 38(2) of the 9th EDF Financial Regulation, the schedule decided for this instalment is as follows: (1) a proposal is submitted to the Council at the same time as the above communication, namely by 15 June 2004; (2) the Council decides on this instalment no more than 21 calendar days after the Commission presents its proposal; (3) the Member States pay this instalment of the contributions no more than 21 calendar days after they receive notification of the Council decision.

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 paragraph.

Proposal for a COUNCIL DECISION fixing the financial contributions to be paid by the Member States contributing to the European Development Fund (second instalment of 2004)

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 on the Financing and Administration of Community Aid signed in Brussels on 18 September 2000, [2] and in particular Article 10 thereof,

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

Having regard to the Council Decision 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) On 21 November 2003 the Commission sent the Council a statement of the payments to be made in 2004 and the schedule of calls for contributions. On 22 December the Council adopted the decision laying down the 2004 schedule of calls for contributions from the Member States to the EDF.

(2) On 19 December 2003 the Council adopted the decision on the contributions to be paid by the Member States to the Commission and the European Investment Bank as the first instalment for 2004.

(3) The second subparagraph of Article 38(2) of the 9th EDF Financial Regulation stipulates that the proposal for the second instalment of the current year is to be presented by the Commission at the same time as the communication it is required to send the budgetary authority, as part of the budget procedure, by 15 June.

(4) The second subparagraph of Article 38(2) of the 9th EDF Financial Regulation stipulates that the Council is to decide on this instalment at the latest by 21 calendar days following the presentation by the Commission of its proposal, and that the Member States are to pay the contributions due under this instalment at the latest by 21 calendar days following the date on which the Council's decision is notified to them.

(5) In accordance with the second paragraph of Article 121 of the 9th EDF Financial Regulation, the European Investment Bank has sent the Commission the updated estimates of commitments and payments necessary for drawing up the above communication.

(6) Article 133(2) and (3) of the 9th EDF Financial Regulation stipulates that the procedure for calling for contributions under the 9th EDF also apply to 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 second instalment for 2004 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

Second instalment of contributions for 2004 (in euro)

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