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

(presented by the Commission)

EXPLANATORY MEMORANDUM

Since the entry into force of the Financial Regulation for the 9th 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.

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.

This proposal concerns the first instalment of the contributions for 2004. Under Article 38(2) of the 9th EDF Financial Regulation, the schedule for this instalment is as follows: (1) not later than 15 October a proposal is submitted by the Commission at the same time as the communication containing the statement of payments and schedule of calls for contributions for the following year; (2) the Council decides on this instalment by the end of the current year at the latest; (3) the Member States pay the contributions due for this instalment by 21 January of the following year at the latest.

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 laid down in Article 38(1) 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 to the European Development Fund (first 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, and the European Community and its Member States, 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],

[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, hereafter named 9th EDF Financial Regulation, and in particular Article 38(1) thereof,

Having regard to the proposal from the Commission, [4]

[4] OJ C [...], [...], p. [...].

Whereas:

(1) The first subparagraph of Article 38(2) of the 9th EDF Financial Regulation lays down that the proposal for the first instalment of the following year is to be presented by the Commission at the same time as the communication to the Council referred to in Article 8(1) of that Financial Regulation setting out the statement of payments forecast by the Commission for the following year and the schedule of calls for contributions, namely by 15 October at the latest.

(2) The first subparagraph of Article 38(2) of the 9th EDF Financial Regulation provides that the Council shall decide on this instalment by the end of the year at the latest, and that the Member States are to pay the contributions due under this instalment at the latest by 21 January of the following year.

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

(4) 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 first instalment for 2004 are set out in the table at annex.

This Decision is addressed to the Member States.

Done at Brussels, [...]

For the Council

The President

ANNEX

First instalment of contributions for 2004 (in euro)

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