‘INTERINSTITUTIONAL AGREEMENT OF 17 MAY 2006 BETWEEN THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE COMMISSION ON BUDGETARY DISCIPLINE AND SOUND FINANCIAL MANAGEMENT

Declaration of the European Parliament, the Council and the Commission on the financing of projects in the field of energy and broadband Internet as well as the CAP Health Check in the framework of the European Economic Recovery Plan

The European Parliament, the Council and the Commission have agreed on the financing, in the framework of the European Economic Recovery Plan for modernisation of infrastructures and energy solidarity, of projects in the field of energy and broadband Internet, as well as the CAP Health Check. The projects eligible for Community support are identified in the legislative acts concerned.

The package, which aims at providing additional stimulus to the economy and improving energy security, amounts to EUR 5 000 million in current prices:

— EUR 3 980 million will be made available for the financing of energy projects under heading 1a of the financial framework: EUR 2 000 million in 2009 and EUR 1 980 million in 2010.

— In addition, EUR 1 020 million will be made available within heading 2 for developing broadband Internet in rural areas and strengthening operations related to the “new challenges” defined in the context of the Health Check.

The financing of the total amount of EUR 5 000 million will be secured as soon as possible:

— The 2009 ceiling of heading 1a will be increased by an amount of EUR 2 000 million, which will be offset by a decrease of the 2009 ceiling of heading 2 by the same amount in accordance with Points 21-23 of the Interinstitutional Agreement (IIA) of 17 May 2006. In addition, EUR 600 million will be added to rural development in the 2009 budget for financing broadband Internet and strengthening operations related to the “new challenges”. The multiannual financial framework will be revised and at the same time the 2009 budget amended accordingly on the basis of an amended Commission proposal and a preliminary draft amending budget No 4 to the 2009 budget.

— The financing of the remaining amount (EUR 2 400 million) will be secured through a compensation mechanism at the conciliation of the 2010 budgetary procedure by using all budgetary means foreseen in its legal framework, to be completed, if needed, at the latest at the conciliation of the 2011 budgetary procedure: — The European Parliament, the Council and the Commission will examine all available sources that could provide for the compensation of funds. — Before the use of the available amount within heading 2 is considered, EUR 420 million will be committed for financing broadband Internet and strengthening operations related to the “new challenges” defined in the context of the Health Check in 2010. — In order to compensate for the amount of EUR 1 980 million, the remaining margins under the 2009 ceilings and the 2010 available margins (with due respect to Point 13 of the IIA) and, if necessary, all other financial availabilities will be used, including 2011 available margins. The compensation mechanism will be without prejudice to the financial envelopes of the co-decided programmes and the annual budgetary procedure.

The overall ceiling of the 2007-2013 financial framework will not be exceeded.’