Internal Agreement between the representatives of the Governments of the Member States, meeting within the Council, on the financing and administration of the Community aid under the Second Financial Protocol to the fourth ACP-EC Convention
Date: 1995-12-20
Institutions: Representatives of the Governments of the Member States
Subjects: ACP-EU Convention, EU aid, financial protocol, financing of aid, fourth Lomé Convention

L  156/108

EN

Official  Journal  of  the  European  Communities

29.5.98

INTERNAL  AGREEMENT

between  the  representatives  of  the  Governments  of  the  Member  States,  meeting  within  the
Council, on the financing and administration of the Community aid under the Second Financial
Protocol  to  the  fourth  ACP-EC  Convention

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

and  for  contributions  from  Member  States  to  those
funds;

Having  regard  to  the  Treaty  establishing  the  European
Community,

Whereas the fourth ACP-EC Convention, signed in Lome´
on  15  Dececember  1989  (hereinafter  referred  to  as  ‘the
Convention’),  as  amended  by  the  Agreement  amending
the  fourth  ACP-EC  Convention  of  Lome´,  signed  in
Mauritius  on  4  November  1995,  set  the  aggregate
amount  of  Community  aid  to  the  ACP  States  for  a
five-year  period  beginning  on  1  March  1995  at  ECU
14 625 million, comprising ECU 12 967 million from the
European Development Fund and ECU 1 658 million the
European Investment Bank (hereinafter referred to as ‘the
Bank’);

Whereas  the  representatives  of  the  Governments  of  the
Member  States  meeting  within  the  Council,  agreed  to  set
at  ECU  165  million  the  amount  of  aid  from  the
European  Development  Fund  for  the  overseas  countries
and  territories  to  which  part  four  of  the  Treaty  applies
(hereinafter  referred  to  as  ‘the  OCT’);  whereas  provision
is  also  made  for  operations  to  the  amount  of  ECU  35
million  to  be  undertaken  by  the  Bank  from  its  own
resources  in  the  OCT;

Whereas  the  ecu  used  for  the  application  of  this
Agreement  is  defined  in  Council  Regulation  (EEC)  No
3180/78 of 18 December 1978 changing the value of the
unit  of  account  used  by  the  European  Monetary
Cooperation  Fund (1)  or,  where  appropriate,  in  any
subsequent  Council  Regulation  defining  the  composition
of  the  ecu;

Whereas  the  rules  for  the  administration  of  financial
cooperation  should  be  determined,  the  procedure  for
programming,  examining  and  approving  aid  should  be
decided  and  the  detailed  rules  for  supervising  the  use  of
the  aid  should  be  laid  down;

committee  of 

representatives  of 

Whereas  a 
the
Governments  of  the  Member  States  should  be  set  up
under  the  auspices  of  the  Commission  and  a  similar
committee  should  be  set  up  under  the  auspices  of  the
Bank;  whereas  the  work  done  by  the  Commission  and
the Bank to apply the Convention and the corresponding
provisions  of  the  Decision  should  be  harmonised;
whereas  it  is  therefore  desirable  that,  as  far  as  possible,
the  composition  of  the  committees  set  up  under  the
auspices  of  the  Commission  and  of  the  Bank  should  be
identical;

Whereas the Council Resolution of 2 December 1993 and
the  conclusions  of  the  Council  of  6  May  1994  concern
the  coordination  of  cooperation  policies  and  operations
within  the  Community;  whereas  the  Council  Resolution
of  1  June  1995  covers  complementarity  between  the
development policies and operations of the Union and its
Member  States;

After  consulting  the  Commission,

HAVE  AGREED  AS  FOLLOWS:

CHAPTER  I

Article  1

Whereas  in  order  to  implement  the  Convention  and  the
Decision  concerning 
the  OCT
(hereinafter  referred  to  as  ‘the  Decision’),  an  eighth
European Development Fund should be established and a
procedure should be laid down for the provision of funds

the  association  of 

1. The Member States hereby set up an eighth European
Development  Fund  (1995),  hereinafter  referred  to  as  ‘the
Fund’.

2.  (a)  The  Fund  shall  consist  of  ECU  13 132  million  of

which:

(1)  OJ  L  379,  30.12.1978,  p.  1.  Regulation  as  amended  by
Regulation  (EEC)  No  1971/89  (OJ  L  189,  4.7.1989,  p.  1).

(i)  ECU  12 840  million  contributed  by 

the

Member  States  as  follows:

29.5.98

EN

Official  Journal  of  the  European  Communities

L  156/109

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

United  Kingdom

(in  ECU  million)

503

275

3 000

160

750

3 120

80

1 610

37

670

340

125

190

350

1 630

(ii) ECU  292  million  arising  from  the  transfer  of
unallocated  or  unusable 
from
previous funds, financed by the Member States
as  follows:

resources 

—  ECU  111  million  from  the  adjustment  of
the  aggregate  total  of  seventh  EDF  grants,
decided  by  the  Contracting  Parties  on  the
basis  of  Article  232  of  the  Convention,
broken  down  in  accordance  with  the  scale
internal
the 
fixed 
agreement 
and
financing 
administration  of  the  seventh  EDF,

in  Article  1(2)  of 

the 

on 

—  ECU  142  million  from  the  adjustment  of
the  aggregate  total  of  seventh  EDF  grants
which  must  be  considered  as  unusable  for
the  purposes of  programmable  aid, broken
down in accordance with the scale fixed in
Article  1(2)  of  the  internal  agreement  on
the  financing  and  administration  of  the
seventh  EDF,

—  ECU 26 million from the adjustment of the
aggregate total of grants unallocated under
the sixth EDF, broken down in accordance
with  the  scale  fixed  in  Article  1(2)  of  the
internal  agreement  on  the  financing  and
administration  of  the  sixth  EDF,

—  ECU 13 million from the adjustment of the
aggregate total of grants unallocated under
the 
in
fourth  EDF,  broken  down 
accordance  with  the  scale  fixed  in  Article
1(2)  of  the  internal  agreement  on  the
financing  and  administration  of  the  fourth
EDF.

unanimously,  should  a  new  State  accede  to  the
Community.

Article  2

1. The  amount  stated  in  Article  1  shall  be  allocated  as
follows:

(a)  ECU  12 967  million  for  the  ACP  States,  comprising:

(i)  ECU  11 967  million  in  the  form  of  grants,  of

which:

—  ECU  1 400  million  specifically  reserved  for

structural  adjustment  support,

—  ECU  1 800  million  in  the  form  of  transfers
pursuant  to  Part  Three,  Title  II,  Chapter  1  of
the  Convention,

—  ECU  575  million  in  the  form  of  the  special
financing facility, pursuant to Part Three, Title
II,  Chapter  3  of  the  Convention,

—  ECU  260  million  reserved  for  emergency  aid

and  aid  to  refugees,

—  ECU  1 300  million  reserved  for  regional

cooperation,

—  ECU  370  million 

interest  rate
to 
subsidies  as  referred  to  in  Article  235  of  the
Convention,

fund 

—  ECU  6 262  million 
programmable aid;

to 

fund  national

(ii) ECU  1 000  million  in  the  form  of  risk  capital;

(b) ECU  165  million  for  the  OCT,  comprising:

(i)  ECU  135  million  in  the  form  of  grants,  of

which:

—  ECU  2,5  million  ECU  in  the  form  of  the
special  financing  facility  pursuant  to  the
provisions  of  the  Decision  relating  to  mining
products,

—  ECU  5,5  million  ECU  in  the  form  of  transfers
for  the  OCT,  pursuant  to  those  provisions  of
the  Decision  which  concern  the  system  for
stabilising  export  earnings,

—  ECU  3,5  million  reserved  for  emergency  aid

and  aid  to  refugees,

—  ECU  10  million 

reserved 

for 

regional

cooperation,

(b) The  allocation  of  contributions  under  (a)(i)  may
be  amended  by  a  decision  of  the  Council,  acting

—  ECU 8,5 million to fund interest rate subsidies

as  referred  to  in  Article  157  of  the  Decision,

L  156/110

EN

Official  Journal  of  the  European  Communities

29.5.98

—  ECU 

105  million 

to 

fund 

national

Article  6

programmable aid;

(ii) ECU  30  million  in  the  form  of  risk  capital.

2. Where  an  OCT  which  has  become  independent
accedes  to  the  Convention,  the  amounts  indicated  in
paragraph  1(b)(i),  first,  third,  fourth,  fifth  and  sixth
indents,  and  1(b)(ii)  shall  be  reduced  and  those  indicated
in paragraph 1(a) correspondingly increased by a decision
of  the  Council  acting  unanimously  on  a  proposal  from
the  Commission.

those 

estimates 

1. Each  year  the  Commission,  taking  account  of  the
operations
concerning 
Bank’s 
administered  by  it,  shall  establish  and  communicate  to
the  Council  before  1  November  a  statement  of  the
payments to be made in the following budget year and a
schedule  of  calls  for  contributions.  The  Council  shall
decide  thereon  by  the  qualified  majority  laid  down  in
Article  21(4).  The  detailed  rules 
for  payment  of
contributions  by  the  Member  States  shall  be  determined
by  the  Financial  Regulation  referred  to  in  Article  32.

In  such  cases,  the  country  concerned  will  continue  to  be
eligible  for  the  funds  provided  for  in  paragraph  1(b)(i),
second  indent,  subject  to  the  administrative  rules  laid
in  Part  Three,  Title  II,  Chapter  1  of  the
down 
Convention.

2. Together  with  its  annual  estimates  of  contributions,
the  Commission  shall  send  the  Council  its  estimates  of
expenditure,  including  those  relating  to  the  previous
Funds,  for  each  of  the  four  years  following  the  year
relating  to  the  call  for  contributions.

Article  3

To  the  amount  laid  down  in  Article  1  shall  be  added
ECU  1 693  million  in  the  form  of  loans  granted  by  the
Bank  from  its  own  resources  under  the  conditions  laid
down  by  it  in  accordance  with  its  Statute.

These  loans  shall  be  allocated  as  follows:

(a)  the  amount  of  ECU  1 658  million  for  financing

operations  to  be  carried  out  in  the  ACP  States;

(b) the  amount  of  ECU  35  million 

for 

financing

operations  to  be  carried  out  in  the  OCT.

Article  4

That  part  of  the  amount  set  aside  in  Article  2(1)(a)(i),
sixth indent, and 1(b)(i), fifth indent, to fund interest rate
subsidies,  which  at  the  end  of  the  period  during  which
the Bank loans are granted has not been committed shall
be  made  available  again  under  the  grants  from  which  it
was derived.

The Council, acting on a proposal from the Commission,
drawn  up  in  agreement  with  the  Bank,  may  decide
unanimously  to  increase  that  ceiling.

Article  5

With the exception of loans granted by the Bank from its
own resources, all financial operations undertaken for the
benefit of the ACP States or the OCT in accordance with
the Convention or the Decision shall be carried out under
the  conditions  laid  down  in  this  Agreement  and  shall  be
charged  to  the  Fund.

3. Should  the  contributions  prove  insufficient  to  meet
the  Fund’s  actual  needs  in  the  financial  year  in  question,
the  Commission 
for
supplementary  payments  to  the  Council  which  shall  take
a  decision,  as  soon  as  possible,  by  the  qualified  majority
provided  for  in  Article  21(4).

proposals 

submit 

shall 

Article  7

1. Any  remaining  balance  of  the  Fund  shall  be  used  up
in  accordance  with  the  same  rules  as  those  laid  down  in
the  Convention,  the  Decision  and  this  Agreement.

2. On  expiry  of  this  Agreement,  Member  States  shall
still be obliged to pay, as provided in Article 6 and in the
Financial Regulation referred to in Article 32, the portion
of  their  contributions  not  yet  called  for.

Article  8

1. The Member States undertake to act as guarantor for
the  Bank,  waiving  any  right  to  object  and  in  proportion
to  their  contributions  to  its  capital,  in  respect  of  all
financial  commitments  arising  for  its  borrowers  out  of
the  loan  contracts  concluded  by  the  Bank  with  its  own
resources  in  implementation  both  of  Article  1  of  the
Second  Financial  Protocol  annexed  to  the  Convention
and  the  corresponding  provisions  of  the  Decision  and,
where  appropriate,  Articles  104  and  109  of 
the
Convention.

2. The  guarantee  referred  to  in  paragraph  1  shall  be
restricted  to  75 %  of  the  total  amount  of  the  credits
opened  by  the  Bank  under  all  the  loan  contracts;  it  shall
be  applied  to  cover  all  risks.

29.5.98

EN

Official  Journal  of  the  European  Communities

L  156/111

3. Notwithstanding  the  overall  guarantee  referred  to  in
paragraphs  1  and  2  of  this  Article,  the  Member  States
may,  with  regard  to  financial  commitments  pursuant  to
Articles 104 and 109 of the Convention, act as guarantor
for  the  Bank,  in  specific  cases  and  at  the  latter’s  request,
in  respect  of  a  percentage  greater  than  75 %  and  up  to
100 %  of  the  credits  opened  by  the  Bank  under  the
corresponding  loan  contracts.

4. The undertakings arising from paragraphs 1, 2 and 3
shall  be  the  subject  of  guarantee  contracts  between  each
Member  State  and  the  Bank.

Article  9

1. Payments made to the Bank in respect of special loans
granted  to  the  ACP  States  the  OCT  and  the  French
overseas  departments  since  1  June  1964,  together  with
the  proceeds  and  income  from  risk  capital  operations
undertaken since 1 February 1971 for the benefit of those
States,  countries,  territories  and  departments,  shall  be
credited  to  the  Member  States  in  proportion  to  their
contributions  to  the  Fund  from  which  the  sums  are
derived,  unless  the  Council  decides  unanimously,  on  a
proposal  from  the  Commission,  to  place  them  in  reserve
or  allocate  them  to  other  operations.

However, acting on a Commission proposal, the Council
may decide by the qualified majority laid down in Article
21(4)  to  use  the  revenue  referred  to  in  this  Article  for
purposes  other  than  those  provided  for  in  paragraph  2.

CHAPTER  II

Article  10

to 

the  Bank’s 

1. Subject  to  Articles  22,  23  and  24  and  without
the
prejudice 
administration  of  certain  forms  of  aid,  the  Fund  shall  be
administered  by  the  Commission  in  accordance  with  the
rules laid down in the Financial Regulation referred to in
Article 32.

responsibilities 

for 

2. Subject to Articles 28 and 29, risk capital and interest
rate subsidies financed from the Fund’s resources shall be
administered by the Bank on behalf of the Community in
accordance  with  its  Statute  and  the  rules  laid  down  by
the  Financial  Regulation  referred  to  in  Article  32.

Article  11

The  Commission  shall  ensure  that  the  aid  policy  defined
by  the  Council  is  implemented  as  well  as  the  guidelines
for  development  finance  cooperation  defined  by  the
ACP-EC  Council  of  Ministers  pursuant  to  Article  325  of
the  Convention.

Any commission due to the Bank for managing the loans
and operations referred to in the first subparagraph shall
be  deducted  in  advance  from  these  sums.

Article  12

2. Without  prejudice  to  Article  192  of  the  Convention,
the revenue accruing from interest on the funds deposited
with  the  paying  agents  in  Europe  referred  to  in  Article
319(4)  of  the  Convention  shall  be  credited  to  one  or
more  bank  accounts  opened 
in  the  name  of  the
Commission.  After  the  EDF  Committee  referred  to  in
Article 21, acting by a qualified majority, has delivered its
opinion,  the  Commission  shall  use  such  revenue:

—  to cover the administrative and financial costs arising

from  the  cash  management  of  the  fund,

—  for  limited-budget,  short-term  studies  or  consultancy
services,  in  particular  in  order  to  strengthen  its  own
capabilities  in  the  area  of  the  analysis,  diagnosis  and
formulation  of  structural  adjustment  policies,

—  for 

limited-budget, 

short-term 

audits 

and

assessments,

—  for  limited-budget,  short-term  studies  or  consultancy
financing

finalisation  of 

the 

services  during 
proposals.

1. The  Commission  and  the  Bank  shall  provide  each
other periodically with information on the requests made
to  them  for  finance  and  on  preliminary  contacts  made
with  them,  before  their  requests  were  submitted,  by  the
relevant  bodies  of  the  ACP  States,  the  OCT,  or  other
recipients  of  aid  as  provided  for  in  Article  230  of  the
Convention  and  in  the  corresponding  provisions  of  the
Decision.

2. The  Commission  and  the  Bank  shall  keep  each  other
informed  of  the  progress  made  in  appraising  requests  for
finance.  They  shall  exchange  all  general  information  in
order  to  promote  the  harmonisation  of  administrative
procedures  and  of  the  course  to  be  followed  in  their
proceedings  from  a  development  policy  viewpoint  and
also  the  assessment  of  requests.

Article  13

shall  appraise  projects  and
1. The  Commission 
programmes  which,  pursuant  to  Article  233  of  the
Convention  and  the  corresponding  provisions  of  the
Decision,  could  be  financed  by  grants  from  the  Fund’s
resources.

L  156/112

EN

Official  Journal  of  the  European  Communities

29.5.98

The Commission shall also appraise requests for transfers
pursuant  to  Part  Three,  Title  II,  Chapter  1  of  the
Convention  and  the  corresponding  provisions  of  the
Decision,  together  with  projects  and  programmes  eligible
for  the  special  financing  facility  pursuant  to  Part  Three,
Title 
the
corresponding  provisions  of  the  Decision.

the  Convention  and 

II,  Chapter  3  of 

2. The  Bank  shall  appraise  projects  and  programmes
which,  pursuant  to  its  Statute,  Articles  233  and  236  of
the  Convention  and  the  corresponding  provisions  of  the
Decision,  could  be  financed  by  loans  from  its  own
resources  with  interest  rate  subsidies,  or  by  risk  capital.

3. Production  projects  and  programmes  which  come
under  the  industrial,  agroindustrial,  tourism,  mining  or
energy  sectors,  and  transport  and  telecommunications
schemes linked to those sectors, shall be presented to the
Bank,  which  shall  examine  whether  they  are  eligible  for
one  of  the  forms  of  aid  it  administers.

4. Where,  in  the  course  of  appraisal  of  a  project  or
programme  by  the  Commission  or  by  the  Bank,  it  is
found  that  the  project  or  programme  could  not  be
financed  by  one  of  the  forms  of  aid  administered  by  the
institution  in  question,  the  latter  shall,  having  informed
the  potential  recipient,  transmit  the  request  to  the  other
institution.

Article  14

Without prejudice to general instructions which the Bank
receives  from  the  Community  in  respect  of  the  recovery
of  principal  and  interest  relating  to  special  loans  and
operations  under  the  special  financing  facility  of  the
previous  Conventions,  the  Commission  shall  undertake,
on  behalf  of  the  Community,  the  financial  execution  of
operations  carried  out  with  the  Fund’s  resources  in  the
form  of  grants,  transfers  or  the  special  financing  facility;
it  shall  make  payments  in  accordance  with  the  Financial
Regulation  referred  to  in  Article  32.

Article  15

1. The  Bank  shall  undertake,  on  behalf  of 
the
Community, the financial execution of operations carried
out with the Fund’s resources in the form of risk capital.
In  this  context,  the  Bank  shall  act  on  behalf  and  at  the
risk  of  the  Community.  Any  resulting  rights,  and
particularly rights as creditor or owner, shall be vested in
the  Community.

2. The  Bank  shall  undertake  the  financial  execution  of
operations  carried  out  by  means  of  loans  from  its  own
resources  combined  with  interest  rate  subsidies  from  the
Fund’s  resources.

CHAPTER  III

Article  16

and 

operations 

cooperation 

In  order  to  ensure  transparency  and  consistency
1.
between 
improve
complementarity  between  them  and  the  Member  States’
bilateral  aid,  the  Commission  shall  communicate  to  the
Member  States  and  their  representatives  on  the  spot  the
notes  identifying  projects  as  soon  as  the  decision  to
appraise  them  has  been  taken.  The  Commission  shall
subsequently  update  these  notes  and  notify  the  Member
States  thereof.

2. With  the  same  objective  of  transparency,  consistency
and  complementarity,  the  Member  States  and  the
Commission  shall  periodically  send  each  other  updated
statements  of  the  development  aid  they  have  granted  or
intend  to  grant.  Moreover,  particularly  in  the  priority
areas  on  which  the  Council  has  adopted  specific
resolutions  on  policy  coordination,  the  Member  States
and the Commission shall carry out systematic exchanges
of  information  and  views  on  their  policies  and  strategies
for  each  recipient  country  and  shall,  wherever  desirable
and  possible,  agree  on  common  sectoral  guidelines  on  a
country-by-country  basis,  by  means  of  regular  meetings
between 
State
representations on the spot, bilateral contacts or meetings
of  Member  State  and  Commission  experts  and  in  the
context  of  the  proceedings  of  the  EDF  Committee
referred  to  in  Article  21,  which  must  play  a  central  role
in  this  process.

the  Commission 

and  Member 

the  Commission 

3. The  Member  States  and  the  Commission  shall  also
communicate to each other, by means of regular meetings
between 
State
representations on the spot, bilateral contacts or meetings
of  Member  State  and  Commission  experts  and  in  the
context  of  the  proceedings  of  the  EDF  Committee
referred to in Article 21, any information they possess on
other  bilateral,  regional  or  multilateral  aid  granted  to  or
envisaged  for  ACP  States.

and  Member 

4. The  Bank  shall  regularly  and  confidentially  inform
the  representatives  of  the  Member  States  and  of  the
Commission  designated  by  name  of  any  projects  for  the
benefit  of  the  ACP  States  which  it  intends  to  appraise.

Article  17

1. The  programming  provided  for  in  Article  281  of  the
Convention shall be undertaken in each ACP State under
the  responsibility  of  the  Commission  and  with  the
participation  of  the  Bank.

In  order 

2.
the
Commission,  in  the  context  of  greater  coordination  with

the  programming, 

to  prepare 

29.5.98

EN

Official  Journal  of  the  European  Communities

L  156/113

the Member States, in particular those represented on the
spot,  and  in  conjunction  with  the  Bank,  shall  undertake
an  economic  and  social  analysis  of  each  ACP  State’s
economic  and  social  situation  so  that  constraints  on  and
viable  prospects  for  development  can  be  identified  and,
on  that  basis,  the  appropriate  policies  assessed.

4. The  provisions  of  Article  17  and  of  this  Article
relating  to  national  programming  shall  apply,  mutatis
mutandis,  to  regional  programming  on  the  basis  of
Article  160  of  the  Convention.

3. The  analysis  referred  to  in  paragraph  2  shall  also
concern  sectors  in  which  the  Community  is  particularly
active  and  those  for  which  a  request  for  Community
support  may  be  envisaged  account  being  taken  of  the
the  Community’s  cooperation  policy;
priorities 
national  macroeconomic  and  sectoral  policies  and  their
effectiveness,  aid  from  other  donors,  especially  from  the
Member States; the interdependence between sectors; and
a  detailed  assessment  of  past  Community  aid  and  of  the
lessons  learned  therefrom.

for 

4. On  the  basis  of  the  analysis  referred  to  in  paragraph
2, the Commission shall prepare a summary document on
its  cooperation  strategy  for  each  country  and  region  in
which  it  shall  propose  a  Community  aid  strategy.

Article  18

examined  by 

1. This  document 
the
shall  be 
representatives  of  the  Member  States,  the  Commission
and  the  Bank,  within  the  EDF-Committee  referred  to  in
Article  21,  in  order  to  assess  the  general  framework  of
the  Community’s  cooperation  with  each  ACP  State  and
far  as  possible,  consistency  and
to  ensure,  as 
complementarity  between  Community  aid  and  aid  from
the  Member  States.  The  Bank,  for  its  part,  shall  indicate
the  possible  total  of  its  proposed  allocation  to  the  ACP
State.

2. On the basis of this examination and of the proposals
made  by  the  ACP  State  concerned,  exchanges  of  views
shall be held between the latter, the Commission and the
Bank,  for  the  part  concerning  it,  pursuant  to  Article  282
of the Convention, to draw up the indicative programme
of  Community  aid.

3. The indicative programme of Community aid for each
ACP  State  shall  be  forwarded  to  the  Member  States  so
that  an  exchange  of  views  can  take  place  between  the
representatives  of 
the
Commission.  This  exchange  of  views  shall  be  held  if  the
Commission  or  one  or  more  Member  States  so  request.

the  Member  States  and 

Article  19

1. Notwithstanding  the  possibility  provided  for 
in
Article  282(3)  for  the  ACP  State  to  request  a  revision  of
the  indicative  programme,  this  programme  shall  be
revised  in  accordance  with  Article  282(3)  no  later  than
three  years  after  the  entry  into  force  of  the  Second
Financial Protocol or when the total amount of financing
decisions  taken  in  the  context  of  the  ACP  State’s
indicative  programme  has  reached  80 %  of  the  first
instalment of the indicative allocation, provided that level
is  reached  before  the  end  of  the  aforesaid  three-year
period.

2. Following  the  mid-term  review  of  an  ACP  State’s
indicative  programme,  and  taking 
into  account  the
factors  referred  to  in  Article  282(4)  of  the  Convention,
the  Commission  shall  assess  the  actual  needs  of  the  ACP
State in terms of financial commitments up to the end of
the  period  of  the  Second  Financial  Protocol  to  the
Convention.  The  Commission  shall  decide,  case  by  case,
on  the  allocation  and  level  of  a  second  instalment  of  the
indicative  programme  following  an  exchange  of  views
with  the  Member  States  in  the  EDF  Committee  pursuant
to Article 23, on the basis of a summary document from
the  Commission  departments.

Article  20

1. The  provisions  of 
to
adjustment  support  shall  be  implemented  on  the  basis  of
the  following  principles:

the  Convention  relating 

(a)  when  analysing  the  situation  of  the  States  concerned,
the  Commission,  using  a  diagnostic  method  based  on
the indicators listed in Article 246 of the Convention,
shall assess the scope and effectiveness of the reforms
undertaken  or  contemplated  in  the  areas  covered  by
that  Article,  in  particular  monetary,  budgetary  and
fiscal policies;

(b) support  given  for  structural  adjustment  must  relate
directly  to  operations  and  measures  adopted  by  the
State  concerned  in  connection  with  that  adjustment;

(c)  the  procedures  applying  in  the  award  of  contracts
must  be  sufficiently  flexible  to  adapt  to  the  normal
administrative and commercial procedures in the ACP
States  concerned;

(d) subject 

import
(c),  where 
subparagraph 
to 
programmes  apply, 
structural  adjustment
each 
support  programme  shall  specify,  for  imports,  the
tendering  system,  together  with  the  values  of  import

L  156/114

EN

Official  Journal  of  the  European  Communities

29.5.98

orders  determining  the  choice  of  the  two  forms  of
invitation  to  tender:

—  international  invitation  to  tender,

—  direct  agreement.

However, normal public tendering procedures shall be
followed  for  imports  by  the  State  or  quasi-public
bodies;

(e)  at  the  request  of  the  ACP  State  concerned  and  after
consultation with that State, technical assistance shall
be  made  available  to  the  ACP  body  responsible  for
implementing  the  programme.

technical  assistance 

When 
ensure 
Commission 
assistance  is  responsible  for:

shall 

is  negotiated, 
such 

the
technical

that 

—  supervising 
programme,

the  operational  aspects  of 

the

—  ensuring  that  imports  are  procured  on  the  best
quality/price  terms  following  the  widest  possible
consultations  with  ACP  and  EC  suppliers,

—  advising  importers,  whenever  technically  possible
and economically justified, on how to extend their
markets.

Such  technical  assistance  personnel  may,  if  necessary,
assist importers who so desire to combine their orders
where  the  goods  to  be  imported  are  homogeneous,
and  thus  obtain  a  better  quality/price  ratio;

(f)  direct  budgetary  support  must  be  entirely  consistent
with the macroeconomic and budgetary framework as
an  element  of  the  overall  reform  programme  and
must be subject to the usual exceptions applied in the
import
framework  of 
programmes.  In  particular,  assistance  must  not  be
used  to  support  expenditure  for  military  purposes.

the  general  and  sectoral 

2. The  Commission  shall  inform  the  Member  States,  as
the  need  arises  and  at  least  once  a  year,  of  the
implementation  of  the  adjustment  support  programmes
and of any problem with regard to maintaining eligibility.
The  information  provided,  accompanied  by  all  necessary
particulars  including  statistical  data,  shall  cover,  in
particular,  the  proper  application  of  the  agreement
concluded  with 
for
the  ACP  body 
implementing  the  programme,  including  the  provisions
relating  to  the  consultations  referred  to  in  the  second
indent of the second subparagraph of paragraph 1(e). On
the  basis  of  this  information,  the  progress  of  import
programmes  and  coordination  with  other  donors,  the
Council,  acting  by  the  qualified  majority  provided  for  in
Article  21(4)  on  a  proposal  from  the  Commission,  may
adjust 
the
programmes,  as  specified  in  paragraph  1.

implementing 

arrangements 

responsible 

the 

for 

CHAPTER  IV

Article  21

(hereinafter 

consisting  of 

‘the  EDF
1. A  Committee 
Committee’) 
the
Governments of the Member States shall be set up under
the auspices of the Commission, for the Fund resources it
administers.

representatives  of 

called 

The  EDF  Committee  shall  be  chaired  by  a  Commission
representative, and its secretariat shall be provided by the
Commission.

A  representative  of  the  Bank  shall  take  part  in  its  work.

2. The  Council,  acting  unanimously,  shall  adopt  the
rules  of  procedure  of  the  EDF  Committee.

3. Within the EDF Committee, the votes of the Member
States  shall  be  weighted  as  follows.

Belgium
Denmark
Germany
Greece
Spain
France
Ireland
Italy
Luxembourg
Netherlands
Austria
Portugal
Finland
Sweden
United  Kingdom

9
5
50
4
13
52
2
27
1
12
6
3
4
6
27

4. The EDF Committee shall act by a qualified majority
of 145 votes, expressing a vote in favour by at least eight
Member  States.

5. The  weightings  laid  down  in  paragraph  3  and  the
qualified  majority  mentioned  in  paragraph  4  shall  be
the  Council,  acting
amended,  by  a  decision  of 
unanimously,  in  the  case  referred  to  in  Article  1(2)(b).

Article  22

problems 

1. The  EDF  Committee  shall  focus  its  work  on  the
substantive 
a
of 
on 
country-by-country 
appropriate
coordination  of  the  approaches  and  operations  of  the
Community  and  its  Member  States  in  the  interests  of
consistency  and  complementarity.

cooperation 
seek 

basis 

and 

2. The  Committee’s  tasks  shall  cover  three  levels:

29.5.98

EN

Official  Journal  of  the  European  Communities

L  156/115

—  programming  of  Community  aid,

—  evaluations of Community aids when they give rise to
issues  relating  to  the  work  of  the  EDF  Committee.

—  monitoring  the  implementation  of  Community  aid,

including  sectoral  aspects,

—  the  taking  of  decisions.

Article  23

With  regard  to  programming,  the  purpose  of  the
examination  referred  to  in  Article  18(1)  and  of  the
exchanges  of  views  provided  for  in  Articles  18(3)  and
19(2)  shall  be  to  reach  the  desirable  consensus  between
the  Commission  and 
the  Member  States.  The
examination  and  exchanges  of  views  shall  take  place
within  the  EDF  Committee  and  shall  concern:

—  the  general  framework  of  Community  cooperation
with each ACP State, in particular the proposed focal
sectors  and  the  measures  envisaged  to  attain  the
objectives  set  for  those  sectors  and  the  general
guidelines  proposed 
implementation  of
regional cooperation,

the 

for 

—  consistency 

and 

complementarity 

between

Community  aid  and  aid  from  the  Member  States.

If  it  is  not  possible  to  reach  the  consensus  referred  to  in
the first paragraph, and at the request of a Member State
or the Commission, the EDF Committee will also give its
opinion acting by a qualified majority in accordance with
the  procedure  laid  down  in  Article  21.

Article  25

1. With  regard  to  the  decision-making  process,  the  EDF
Committee  shall  give 
its  opinion,  by  the  qualified
majority  laid  down  in  Article  21,  on:

(a)  the  eligibility  of  the  ACP  States  for  resources  to
support  structural  adjustment,  except  in  cases  where,
the  Convention,  such
under  Article  246(2)  of 
eligibility is automatic;

(b) financing  proposals  for  projects  or  programmes  with
a  value  greater  than  ECU  2  million,  according  to  a
written  procedure  or  a  standard  procedure,  the
detailed  arrangements  for  which  shall  be  determined
in  the  rules  of  procedure  referred  to  in  Article  21(2);

(c)  financing  proposals  relating  to  adjustment  support  or
to  the  special  financing  facility  (Sysmin),  irrespective
of  the  amount  involved;

(d) financing  proposals  drawn  up  under  Article  9(2)  (use

of  interest).

Article  24

2. The  Commission  is  authorised  to  approve  operations
with a value less than ECU 2 million without seeking the
EDF  Committee’s  opinion.

With  regard  to  the  monitoring  of  the  implementation  of
cooperation,  the  EDF  Committee  shall  discuss:

—  development  policy  problems  and  any  problem  of  a
general  and/or  sectoral  nature  which  might  result
from  the  implementation  of  the  various  projects  or
programmes financed from the resources administered
by  the  Commission,  account  being  taken  of  the
Member  States’  experience  and  operations,

—  the  approach  of  the  Community  and  the  Member
States  to  the  adjustment  support  given  to  the  States
concerned,  including  the  question  of  the  use  of
counterpart  funds,

—  any  changes  which  might  appear  necessary  in  the
indicative  programmes  or  in  adjustment  support,

—  mid-term  reviews  where  requested  by  the  EDF
Committee  when  approving  financing  proposals  for
particular  projects  or  programmes,

3.  (a)  The  Commission 

in 

is  also  authorised 

the
circumstances  provided  for  in  (b),  to  approve,
without  seeking  the  EDF  Committee’s  opinion,
the  additional  commitments  required  to  cover
expected  or  actual  overspending  under  a  project
or  programme  referred  to  in  paragraphs  1(b)  and
2,  to  cover  additional  financing  requirements  for
structural  adjustment  tranches  which  are  the
subject  of  the  proposals  referred  to  in  paragraph
the  overspending  or  additional
1(c),  where 
amount  required  does  not  exceed  20 %  of  the
initial 
financing
fixed 
decision.

commitment 

the 

in 

(b) Where  the  additional  commitment  referred  to  in
(a)  is  under  ECU  4  million,  the  EDF  Committee
shall  be  informed  of  the  Commission’s  decision.
Where  the  additional  commitment  referred  to  in

L  156/116

EN

Official  Journal  of  the  European  Communities

29.5.98

(a)  exceeds  ECU  4  million  but  is  under  20 %  of
the  initial  commitment,  the  EDF  Committee’s
opinion 
simplified,
expedited  procedures  to  be  laid  down,  on  the
basis of Commission proposals, when the Rules of
Procedure  of  the  EDF  Committee  are  adopted.

sought  under 

shall  be 

4. The  financing  proposals  shall  indicate  in  particular
the  relevance  of  the  projects  or  programmes  to  the
development  prospects  of  the  country  or  countries
concerned  and  how  they  fit  in  with  the  sectoral  or
macroeconomic  policies  receiving  Community  support.
They  shall  mention  the  use  to  which  such  countries  have
put  previous  Community  aid  in  the  same  sector  and
indicate  any  existing  project  evaluations  for  that  sector.

5. Financing  proposals  concerning  structural  adjustment
shall  specify,  inter  alia,  the  items  to  which  budgetary
assistance  is  allocated,  whether  directly  or  indirectly.

In  order  to  speed  up  the  procedures,  financing
6.
proposals  may  cover  overall  amounts  for  the  financing
of:

(a)  training;

(b) decentralised  cooperation;

(c)  micro-projects;

(d) trade  promotion  and  development;

(e)  packages  of  small-scale  operations 

in  a  specific

sector;

(f)  technical  cooperation.

Article  26

1.
If the EDF Committee requests substantial changes to
one of the proposals referred to in Article 25(1), or in the
absence  of  a  favourable  opinion  on  the  proposal,  the
Commission  shall  consult  the  representatives  of  the  ACP
State  or  States  concerned.

Following  such  consultations,  the  Commission  shall
communicate the results to the Member States at the next
meeting  of  the  EDF  Committee.

2. Following  the  consultations  referred  to  in  paragraph
1,  the  Commission  may  submit  a  revised  or  extended
proposal  to  the  EDF  Committee  at  one  of  its  subsequent
meetings.

—  that  the  matter  be  brought  before  the  ACP-EC
Ministerial  Committee  referred  to  in  Article  325  of
the  Convention  (hereinafter  called  ‘the  Development
Finance  Cooperation  Committee’),  or

—  that it or they be given a hearing by the Community’s
decision-making  bodies,  on  the  conditions  set  out  in
Article  27(2).

Article  27

1. The  proposals  referred  to  in  Article  25(1),  together
with  the  opinion  of  the  EDF  Committee,  shall  be
submitted  to  the  Commission  for  its  decision.

If the Commission decides to depart from the opinion
2.
expressed by the EDF Committee or if the Committee has
not delivered a favourable opinion, the Commission shall
either  withdraw 
the  earliest
opportunity,  refer  the  proposal  to  the  Council,  which
shall decide on it according to the same voting procedure
as  the  EDF  Committee  within  a  period  which,  as  a
general  rule,  may  not  exceed  two  months.

the  proposal  or,  at 

In the latter case, where a financing proposal is involved,
the  ACP  State  concerned  may,  if  it  has  not  decided  to
refer the matter to the Development Finance Cooperation
Committee,  forward  to  the  Council,  in  accordance  with
the  Convention,  any  additional
Article  289(3)  of 
information 
it  considers  necessary  before  the  final
decision is taken, and may be heard by the President and
the  members  of  the  Council.

Article  28

‘the  Article  28
1. A  committee  (hereinafter  called 
Committee’) 
the
Governments of the Member States shall be set up under
the  auspices  of  the  Bank.

representatives  of 

consisting  of 

The  Article  28  Committee  shall  be  chaired  by  the
representative of the Member State currently chairing the
Board  of  Governors  of  the  Bank;  its  secretariat  shall  be
provided  by  the  Bank.

A  representative  of  the  Commission  shall  take  part  in  its
work.

2. The  Council,  acting  unanimously,  shall  adopt  the
rules  of  procedure  of  the  Article  28  Committee.

3.
If  the  EDF  Committee  still  refuses  to  deliver  a
favourable  opinion,  the  Commission  shall  inform  the
ACP  State  or  States  concerned,  which  may  then  request
either:

3. The weighting of the votes of the Member States and
the  qualified  majority  applicable  to  the  Article  28
Committee  shall  be  those  resulting  from  the  application
of  Article  21(3),  (4)  and  (5).

29.5.98

EN

Official  Journal  of  the  European  Communities

L  156/117

Article  29

1. The Article 28 Committee shall deliver an opinion by
qualified majority on requests for loans with interest rate
subsidies  and  on  proposals  for  financing  by  risk  capital
which  are  submitted  to  it  by  the  Bank.

The Commission  representative  may,  at meetings, submit
the  Commission’s  assessment  of  these  proposals.  This
assessment shall cover the conformity of the projects with
Community  development  aid  policy,  with  the  objectives
of  financial  and  technical  cooperation  laid  down  by  the
Convention  and  with  the  general  guidelines  adopted  by
the  ACP-EC  Council  of  Ministers.

The  Committee  may  also,  if  requested  by  the  Bank,  or,
with  its  agreement,  by  one  or  more  Member  States,

—  examine  questions  of  development  policy,  inasmuch
as  they  are  directly  connected  with  Bank  activities  in
the  framework  of  the  project,

—  hold  exchanges  of  views  on  the  practical  ideas  of  the
Bank  and  the  Member  States  as  regards  the  funding
of  projects  from  the  coordination  angle,

—  discuss  questions  arising  from  the  evaluations  of  the

Bank’s  activities  provided  for  in  Article  30(6).

2. The document submitted to the Article 28 Committee
by  the  Bank  shall,  in  particular,  explain  the  relevance  of
the  project  to  the  development  prospects  of  the  country
or  countries  concerned  and,  where  appropriate,  indicate
the  situation  as  regards  repayable  aid  granted  by  the
Community  and  holdings  acquired  by  it  and  the  use
made  of  previous  aid  in  the  same  sector;  any  existing
project  evaluations  for  that  sector  shall  be  attached.

3. Where 
that  Article  28  Committee  delivers  a
favourable opinion in respect of a request for a loan with
an  interest  rate  subsidy,  the  request,  together  with  the
the  Committee  and,  where
reasoned  opinion  of 
the  Commission
appropriate, 
representative,  shall  be  submitted  for  a  decision  to  the
Board  of  Directors  of  the  Bank,  which  shall  act  in
accordance  with  the  Bank’s  Statute.

the  assessment  of 

decide  to  uphold  it.  In  the  latter  event,  the  request,
together  with  the  reasoned  opinion  of  the  Committee
and,  where  appropriate,  the  assessment  given  by  the
Commission  representative,  shall  be  submitted  for  a
decision to the Bank’s Board of Directors, which shall act
in  accordance  with  the  Bank’s  Statute.

4. Where the Article 28 Committee delivers a favourable
opinion  in  respect  of  a  proposal  for  financing  by  risk
capital,  the  proposal  shall  be  submitted  for  a  decision  to
the  Bank’s  Board  of  Directors,  which  shall  act  in
accordance  with  the  Bank’s  Statute.

In  the  absence  of  a  favourable  opinion  from  the
Committee,  the  Bank,  in  accordance  with  Article  289(2)
and 
the
representatives of the ACP State or States concerned, who
may  request  either:

the  Convention, 

(3)  of 

inform 

shall 

—  that  the  matter  be  referred  to  the  Development

Finance  Cooperation  Committee,  or

—  that they be given a hearing by the competent body of

the  Bank.

At  the  end  of  that  hearing  the  Bank  may  either:

—  decide  not  to  follow  up  the  proposal,  or

—  request that the Member State chairing the Article 28
Committee refer the matter to the Council as soon as
possible.

In  the  latter  case,  the  proposal  shall  be  submitted  to  the
Council  together  with  the  opinion  of  the  Article  28
Committee and, where appropriate, the assessment of the
Commission  representative  and  any  further  information
which  the  ACP  State  concerned  considers  the  Council
requires.

The Council shall act in accordance with the same voting
procedure  as  the  Article  28  Committee.

If  the  Council  confirms  the  Article  28  Committee’s
position,  the  Bank  shall  withdraw  its  proposal.

If,  however,  the  Council  is  in  agreement  with  the  Bank’s
proposal,  the  Bank  shall  implement  the  procedures  laid
down  in  its  Statute.

Article  30

In  the  absence  of  a  favourable  opinion  from  the
Committee, the Bank shall either withdraw the request or

1. The  Commission  and  the  Bank  shall  ascertain,  each
to  the  extent  to  which 
is  concerned,  how  the
it 
Community  aid  they  administer  is  used  by  the  ACP
States,  the  OCT  or  any  other  recipients.

L  156/118

EN

Official  Journal  of  the  European  Communities

29.5.98

2. The  Commission  and  the  Bank  shall  also  ascertain,
each  to  the  extent  to  which  it  is  concerned  and  in  close
collaboration with the relevant authorities of the country
or  countries  concerned,  how  projects  financed  with
Community  aid  are  used  by  the  recipients.

3. When  ascertaining  how  Community  aid  and  projects
are  used,  as  provided  for  in  paragraphs  1  and  2,  the
Commission  and  the  Bank  shall  examine  the  extent  to
which  the  objectives  referred  to  in  Articles  220  and  221
of the Convention and in the corresponding provisions of
the  Decision  have  been  attained.

4. The  Bank  shall  regularly  send  the  Commission  all
information  relating  to  the  implementation  of  projects
financed  from  the  Fund  resources  it  administers.

the  Convention,  of 

5. The  Commission  and  the  Bank  shall  inform  the
Council, on the expiry of the Financial Protocol annexed
to 
to
paragraphs  1,  2  and  3.  The  report  by  the  Commission
and  the  Bank  shall  also  contain  an  assessment  of  the
impact  of  Community  aid  on  the  economic  and  social
development  of  the  recipient  countries.

findings  pursuant 

their 

6. The  Council  shall  be  informed  periodically  of  the
results  of  work  done  by  the  Commission  and  the  Bank
on  the  evaluation  of  projects  being  carried  out  or
completed,  particularly 
to  development
objectives  set.

in  relation 

CHAPTER  V

Article  31

1. The  amounts  of  the  Stabex  transfers  referred  to  in
Part  Three,  Title  II,  Chapter  1  of  the  Convention  and  in
the  corresponding  provisions  of  the  Decision  shall  be
expressed  in  ecus.

2. Payments  shall  be  made  in  ecus.

3. Each  year 
the  Commission  shall  draw  up  a
comprehensive  report  for  the  Member  States  on  the
operation  of  the  system  for  the  stabilisation  of  export
earnings and the use made by the ACP States of the funds
transferred.

CHAPTER  VI

Article  32

The  provisions  for  implementing  this  Agreement  shall  be
the  subject  of  a  Financial  Regulation  adopted,  on  the
entry  into  force  of  the  Agreement  amending  the  Fourth
ACP-EC  Convention,  by  the  Council,  acting  by  the
qualified majority laid down in Article 21(4), on the basis
of  a  Commission  draft,  after  an  opinion  has  been
delivered  by  the  Bank  on  the  provisions  of  concern  to  it
and  by  the  Court  of  Auditors  established  under  Article
188a  et  seq.  of  the  Treaty.

Article  33

1. At  the  end  of  each  financial  year,  the  Commission
shall  adopt  the  revenue  and  expenditure  account  and  the
balance-sheet  of  the  fund.

2. Without  prejudice  to  paragraph  5,  the  Court  of
Auditors  shall  also  exercise  its  powers  in  respect  of  the
Fund’s operations. The conditions under which the Court
exercises  its  powers  shall  be  laid  down  in  the  Financial
Regulation  referred  to  in  Article  32.

3. The  discharge  for  the  financial  management  of  the
Fund  shall  be  given  to  the  Commission  by  the  European
Parliament on the recommendation of the Council, which
shall  act  by  the  qualified  majority  laid  down  in  Article
21(4).

4. The  Commission  shall  make  the  information  referred
to  in  Article  30(4)  available  to  the  Court  of  Auditors  so
that  the  latter  may,  on  the  basis  of  the  documentary
evidence,  carry  out  checks  on  the  aid  provided  from  the
Fund’s  resources.

5. The  operations  financed  from  the  Fund  resources
managed  by  the  Bank  shall  be  subject  to  the  control  and
discharge procedure laid down by the Statue of the Bank
for  all  its  operations.  Each  year  the  Bank  shall  send  the
Commission and the Council a report on the execution of
operations financed from the Fund resources managed by
the  Bank.

6. The  Commission  shall  draw  up  periodically, 
in
agreement  with  the  Bank,  lists  of  the  information  it
receives from the latter in order to assess how the Bank is
carrying out its brief and to encourage close coordination
between  the  Commission  and  the  Bank.

The  report  shall  indicate  in  particular  the  effects  of  the
transfers  made  on  the  development  of  the  sectors  to
which  they  were  allocated.

Article  34

4. Paragraph  3  shall  also  apply  as  regards  the  OCT.

1. Without  prejudice  to  the  transfers  referred  to  in
Article  1(2)(a)(ii):

29.5.98

EN

Official  Journal  of  the  European  Communities

L  156/119

—  the  remaining  balance  of  the  Fund  set  up  under  the
internal  agreement  of  1975  on  the  financing  and
administration of Community aid shall continue to be
administered  as  provided  in  that  agreement  and  in
accordance with the rules and regulations in force on
28  February  1980,

—  the  remaining  balance  of  the  Fund  set  up  under  the
internal  agreement  of  1979  on  the  financing  and
administration of Community aid shall continue to be
administered  as  provided  in  that  agreement  and  in
accordance with the rules and regulations in force on
28  February  1985,

—  the  remaining  balance  of  the  Fund  set  up  under  the
internal  agreement  of  1985  on  the  financing  and
administration of Community aid shall continue to be
administered  as  provided  in  that  agreement  and  in
accordance with the rules and regulations in force on
28  February  1990,

—  the  remaining  balance  of  the  Fund  set  up  under  the
internal  agreement  of  1990  on  the  financing  and
administration of Community aid shall continue to be
administered  as  provided  in  that  agreement  and  in
accordance with the rules and regulations in force on
28  February  1995.

2.
In  the  event  of  successful  completion  of  projects
financed  from  the  Funds  referred  to  in  paragraph  1
being jeopardised by a lack of resources owing to the
remaining  balance  being  used  up,  proposals  for

financing  may  be  submitted  by 

additional 
the
Commission  in  accordance  with  the  procedure  laid
down  in  Article  21.

Article  35

in  accordance  with 

1. This  Agreement  shall  be  approved  by  each  Member
State 
its  own  constitutional
requirements.  The  Government  of  each  Member  State
shall  notify  the  General  Secretariat  of  the  Council  of  the
European  Union  when  the  procedures  required  for  the
entry  into  force  of  this  Agreement  have  been  completed.

2. This Agreement is concluded for the same duration as
the  Second  Financial  Protocol  annexed 
the
Convention. However, it shall remain in force for as long
as  is  necessary  for  all  the  operations  financed  under  the
Convention  and  the  Protocol  to  be  fully  executed.

to 

Article  36

This  Agreement,  drawn  up  in  a  single  original  in  the
Danish, Dutch, English, Finnish, French, German, Greek,
Italian,  Portuguese,  Spanish  and  Swedish  languages,  each
of  these  texts  being  equally  authentic,  shall  be  deposited
in  the  archives  of  the  General  Secretariat  of  the  Council
of  the  European  Union,  which  shall  transmit  a  certified
copy  to  each  of  the  Governments  of  the  signatory
States.

L  156/120

EN

Official  Journal  of  the  European  Communities

29.5.98

En  fe  de  lo  cual,  los  representantes  de  los  Gobiernos  de  los  Estados  miembros,  reunidos  en  el
seno  del  Consejo,  abajo  firmantes,  suscriben  el  presente  Acuerdo.

Til  bekræftelse  heraf  har  repræsentanterne  for  Det  Europæiske  Fællesskabs  medlemsstater,
forsamlet  i  Rådet,  underskrevet  denne  aftale.

Zu Urkund dessen haben die unterzeichneten Bevollmächtigten der im Rat vereinigten Regierun-
gen  der  Mitgliedstaaten  ihre  Unterschriften  unter  dieses  Abkommen  gesetzt.

Σ(cid:229)  (cid:240)(cid:221)(cid:243)(cid:244)ω(cid:243)η  (cid:244)ων  (cid:239)(cid:240)(cid:239)(cid:221)ων,  (cid:239)Ø  υ(cid:240)(cid:239)γρ(cid:192)(cid:230)(cid:239)ν(cid:244)(cid:229)ς  Æν(cid:244)Ø(cid:240)ρ(cid:222)(cid:243)ω(cid:240)(cid:239)Ø  (cid:244)ων  κυ(cid:226)(cid:229)ρνη(cid:139) (cid:243)(cid:229)ων  (cid:244)ων  κρÆ(cid:244)ω(cid:139) ν  µ(cid:229)λω(cid:139) ν,
(cid:243)υν(cid:229)λθ(cid:222)ν(cid:244)(cid:229)ς  (cid:243)(cid:244)Æ  (cid:240)λÆ(cid:221)(cid:243)ØÆ  (cid:244)(cid:239)υ  Συµ(cid:226)(cid:239)υλ(cid:221)(cid:239)υ,  (cid:229)(cid:139) θ(cid:229)(cid:243)Æν  (cid:244)ην  υ(cid:240)(cid:239)γρÆ(cid:230)η(cid:139) (cid:244)(cid:239)υς  κ(cid:192)(cid:244)ω  Æ(cid:240)(cid:222)  (cid:244)ην  (cid:240)Æρ(cid:239)υ(cid:139) (cid:243)Æ
(cid:243)υµ(cid:230)ων(cid:221)Æ.

In  witness  whereof,  the  undersigned  representatives  of  the  Governments  of  the  Member  States,
meeting  within  the  Council,  have  hereunto  set  their  hands.

En  foi  de  quoi,  les  repre´sentants  des  gouvernements  des  États  membres,  re´unis  au  sein  du
Conseil,  soussigne´s,  ont  appose´ leurs  signatures  au  bas  du  pre´sent  accord.

In  fede  di  che  i  sottoscritti  rappresentanti  dei  governi  degli  Stati  membri,  riuniti  in  sede  di
Consiglio,  hanno  apposto  le  loro  firme  in  calce  al  presente  accordo.

Ten blijke waarvan de ondergetekende vertegenwoordigers van de regeringen van de onderteke-
nende lidstaten, in het kader van de Raad bijeen, hun handtekening onder dit Akkoord hebben
gesteld.

Em  fe´ do  que,  os  representantes  dos  Governos  dos  Estados-membros,  reunidos  no  Conselho,
apuseram  as  suas  assinaturas  no  final  do  presente  acordo.

Tämän vakuudeksi alla mainitut neuvostossa kokoontuneet jäsenvaltioiden hallitusten edustajat
ovat  allekirjoittaneet  tämän  sopimuksen.

Till  bevis  härpå  har  företrädarna  för  medlemsstaternas  regeringar,  församlade  i  rådet,  under-
tecknat  detta  avtal.

Hecho  en  Bruselas,  el  veinte  de  diciembre  de  mil  novecientos  noventa  y  cinco.

Udfærdiget  i  Bruxelles,  den  tyvende  december  nitten  hundrede  og  femoghalvfems.

Geschehen  zu  Brüssel  am  zwanzigsten  Dezember  neunzehnhundertfünfundneunzig.

˛γØν(cid:229)  (cid:243)(cid:244)Øς  ΒρυŒ(cid:229)(cid:139) λλ(cid:229)ς,  (cid:243)(cid:244)Øς  (cid:229)(cid:221)κ(cid:239)(cid:243)Ø  ∆(cid:229)κ(cid:229)µ(cid:226)ρ(cid:221)(cid:239)υ  ł(cid:221)λØÆ  (cid:229)ννØÆκ(cid:222)(cid:243)ØÆ  (cid:229)ν(cid:229)νη(cid:139) ν(cid:244)Æ  (cid:240)(cid:229)(cid:139) ν(cid:244)(cid:229).

Done at Brussels on the twentieth day of December in the year one thousand nine hundred and
ninety-five.

Fait  à  Bruxelles,  le  vingt  de´cembre  mil  neuf  cent  quatre-vingt-quinze.

Fatto  a  Bruxelles,  addì  venti  dicembre  millenovecentonovantacinque.

Gedaan  te  Brussel,  de  twintigste  december  negentienhonderd  vijfennegentig.

Feito  em  Bruxelas,  em  vinte  de  Dezembro  de  mil  novecentos  e  noventa  e  cinco.

Tehty Brysselissä kahdentenakymmenentenä päivänä joulukuuta vuonna tuhatyhdeksänsataayh-
deksänkymmentäviisi.

Som  skedde  i  Bryssel  den  tjugonde  december  nittonhundranittiofem.

29.5.98

EN

Official  Journal  of  the  European  Communities

L  156/121

Pour  le  Royaume  de  Belgique
Voor  het  Koninkrijk  België
Für  das  Königreich  Belgien

På  Kongeriget  Danmarks  vegne

Für  die  Bundesrepublik  Deutschland

ΓØÆ  (cid:244)ην  ΕλληνØκη(cid:139) ∆ηµ(cid:239)κρÆ(cid:244)(cid:221)Æ

L  156/122

EN

Official  Journal  of  the  European  Communities

29.5.98

Por  el  Reino  de  España

Pour  la  Re´publique  française

Thar  ceann  na  hÉireann
For  Ireland

Per  la  Repubblica  italiana

29.5.98

EN

Official  Journal  of  the  European  Communities

L  156/123

Pour  le  Grand-Duche´ de  Luxembourg

Voor  het  Koninkrijk  der  Nederlanden

Für  die  Republik  Österreich

Pela  República  Portuguesa

L  156/124

EN

Official  Journal  of  the  European  Communities

29.5.98

Suomen  tasavallan  puolesta

För  Konungariket  Sverige

For  the  United  Kingdom  of  Great  Britain  and  Northern  Ireland