2000/770/EC: Internal Agreement between Representatives of the Governments of the Member States, meeting within the Council, on the Financing and Administration of Community Aid under the Financial Protocol to the Partnership Agreement between the African, Caribbean and Pacific States and the European Community and its Member States signed in Cotonou (Benin) on 23 June 2000 and the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the EC Treaty applies
Date: 2000-09-18
Institutions: Representatives of the Governments of the Member States
Subjects: ACP countries, EU Member State, EU aid, agreement (EU), cooperation policy, financial aid

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INTERNAL AGREEMENT

between Representatives of the Governments of the Member States, meeting within the Council,
on the Financing and Administration of Community Aid under the Financial Protocol to the
Partnership Agreement between the African, Caribbean and Pacific States and the European
Community and its Member States signed in Cotonou (Benin) on 23 June 2000 and the allocation
of financial assistance for the Overseas Countries and Territories to which Part Four of the EC
Treaty applies

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

Having regard to the Treaty establishing the European Com-
munity,

Whereas:

(1) The Partnership Agreement between the African, Carib-
bean and Pacific States and the European Community
and its Member States signed in Cotonou, Benin on
23 June 2000 (hereinafter referred to as ‘the ACP-EC
Agreement’) sets the aggregate amount of Community
aid to the ACP States for the five-year period 2000-2005
at EUR 15 200 million. This amount is comprised of, on
the one hand, EUR 13 500 million from the 9th European
Development Fund (9th EDF) contributed by Member
States and, on the other hand, EUR 1700 million from
the European Investment Bank (hereinafter referred to as
‘the Bank’).

(2)

In addition, any balances from previous European Devel-
opment Funds as of the day of entry into force of the
Financial Protocol to the ACP-EC Agreement will be
transferred to the 9th EDF and used in accordance with
the conditions laid down in the ACP-EC Agreement. The
total amount foreseen will cover the period 2000-2007.
This period comprises the period of approximately two
years required for ratification of the 9th EDF and the two
years following the expiry of the 9th EDF.

(3) Council Decision 91/482/EEC of 25 July 1991 on the
association of the overseas countries and territories with
the European Economic Community, has been extended
until 28 February 2001 by Decision 2000/169/EC (1). A
new decision on the basis of Article 187 of the Treaty
will be adopted before that date. This decision will set at
EUR 175 million the amount of the 9th EDF for financial
assistance to the Overseas Countries and Territories
(hereafter referred to as ‘the OCT’) to which Part Four of
the Treaty applies. Provision is also made for the allotment
of an amount of up to EUR 20 million to be undertaken
by the Bank from its own resources in the OCT. In
addition any balances from previous EDFs allocated to
the OCT as of
the day of entry into force of this
Agreement will be transferred to the 9th EDF and used in
accordance with the conditions laid down in the said
Decision.

(1) OJ L 263, 19.9.1991, p. 1. Decision as amended by Decision
97/803/EC (OJ L 329, 29.11.1997, p. 50) and extended by
Decision 2000/169/EC (OJ L 55, 29.2.2000, p. 67).

(4) The representatives of the governments of the Member
States, meeting within the Council, have agreed to set
aside EUR 125 million to finance costs incurred by the
Commission in the implementation of the 9th EDF.

(5)

In order to implement the ACP-EC Agreement and the
future Decision concerning the association of the OCT
(hereinafter referred to as ‘the Decision’), a 9th EDF
should be established and a procedure laid down for the
allocation of funds and for contributions from Member
States to those funds.

(6) 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 aid should be laid
down.

(7) The Conclusions on the financial allocation for the 9th
EDF, drawn up in the Ministerial Coordination on behalf
of the European Community with regard to the 3rd
ACP-EC Ministerial Negotiating Conference of 6 and
7 December 1999, note the Commission’s intention
to decentralise its administrative decision-making and
emphasise the need for reforms aiming at a redefinition
of
the Commission and the
Council in the decision-making process of the European
Development Fund.

the respective roles of

(8) The declaration by the Council and the Commission on
the programming process noted in the minutes of the
ACP-EC Ministerial Negotiating Conference of 2 and
3 February 2000 states that the procedures and reporting
requirements surrounding the programming process
must be managed in a disciplined manner and that the
respective roles of the Member States and the Commission
in the decision making process must be reviewed and
adapted.

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(9) The Council Conclusions of 21 May 1999 on the
evaluation of European Community development instru-
ments and programmes set out various ways in which
the Council calls on the Commission and Member
States to improve the efficiency of European Community
including deconcentration to del-
development aid,
increased coordination and complementarity
egations,
instruments,
among donors, a reduced number of
increased use of performance criteria and a reorientation
of the work of development management committees.

(10) The Council of 21 May 1999 adopted a Resolution
on complementarity between Community and Member
States’ development cooperation. The Council of 18 May
2000 adopted conclusions on operational coordination.
These documents reiterated the need for closer coordi-
nation and complementarity and also the need for the
partner country to have a leading role in this process.

(11) A Committee of Representatives of the Governments of
Member States should be set up at the Commission and a
similar Committee should be set up at the Bank. The
work of the Commission and the Bank to apply the ACP-
EC Agreement and the corresponding provisions of the
Decision should be harmonised,

After consulting the Commission and the Bank,

HAVE AGREED AS FOLLOWS:

CHAPTER I

FINANCIAL RESOURCES

Article 1

Resources of the 9th EDF

1.
The Member States hereby set up a ninth European
Development Fund (2000), hereinafter referred to as ‘the 9th
EDF’.

2.

The 9th EDF shall consist of:

(a) An amount of up to EUR 13 800 million contributed by

the Member States as follows:

Member State

Contribution in million EUR

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

United Kingdom

540,96

295,32

3 223,68

172,50

805,92

3 353,40

85,56

1 730,52

40,02

720,36

365,70

133,86

204,24

376,74

1 751,22

13 800,00

Within this total amount,

(i)

EUR 13 500 million shall be allocated for the ACP
States;

(ii)

EUR 175 million shall be allocated to the OCT;

(iii) EUR 125 million shall be allocated to the Com-
mission for costs linked to implementation of the
9th EDF.

(b) Any balances remaining from previous EDFs on the date
of entry into force of the Financial Protocol to the ACP-
EC Agreement, as well as any amounts that will be de-
committed at a later date from ongoing projects under
these EDF, shall be transferred to the 9th EDF. Any
resources thus transferred to the 9th EDF that previously
had been allocated to the indicative programme of an
ACP State, ACP region or an OCT will remain allocated
to that State, region or OCT.

(c) The overall amount foreseen for assistance to the ACP
shall be supplemented by the remaining balances from
previous EDFs. The total amount of resources shall cover
the period 2000-2007.

The revenue accruing from interest on the appropriations
3.
referred to in paragraph 2 of this Article deposited with the
paying agents in Europe referred to in Article 37(1) of Annex
IV to the ACP-EC Agreement shall be credited to one or more
bank accounts opened in the name of the Commission, and
shall be used in accordance with the terms of Article 10.

4.
The allocation of contributions referred to in paragraph
2(a) shall be amended by a decision of the Council acting
unanimously, on the basis of a proposal from the Commission,
should a new State accede to the Community.

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5.
Financial resources may also be adjusted, by a decision
of the Council acting unanimously, in accordance with Article
62(2) of the ACP-EC Partnership Agreement.

Article 2

Resources reserved for the ACP States

1.
Out of the total amount stated in Article 1(2)(a), an
amount of up to EUR 13 500 million shall be reserved for the
ACP States and allocated as follows:

(a)

up to EUR 10 000 million in the form of grants
comprising up to:

(i)

(ii)

EUR 9 836 million reserved for support for long-
term development to be programmed in accordance
with Articles 1 to 5 of Annex IV to the ACP-EC
Agreement. These resources may be used to finance
short-term emergency actions in accordance with
Article 72(3) of the ACP-EC Agreement;

EUR 90 million reserved for the financing of the
budget of the Centre for Development of Enterprise
(CDE) in accordance with the provisions of Annex
III to the ACP-EC Agreement;

(iii) EUR 70 million reserved for the financing of the
budget of the Technical Centre for Agriculture and
Rural Cooperation (CTA) in accordance with the
provisions of Annex III to the ACP-EC Agreement;
and

(iv) EUR 4 million for the expenditure relating to the
ACP-EC Joint Assembly, constituted by Article 17
of the ACP-EC Agreement.

(b) up to EUR 1 300 million reserved for the financing of
support for regional cooperation and integration of the
ACP States in accordance with Articles 6 to 14 of Annex
IV to the ACP-EC Agreement.

(c)

up to EUR 2 200 million shall be allocated to finance the
Investment Facility in accordance with the terms and
conditions set out in Annex II (‘Terms and conditions of
financing’) to the ACP-EC Agreement, without prejudice
to the financing of the interest rate subsidies provided for
in Articles 2 and 4 of Annex II to the Agreement funded
from the resources mentioned in Article 3(a) of Annex I
thereto.

2.
Out of the EUR 13 500 million referred to in paragraph
1, an amount of EUR 1 000 million may be released only
following a performance review undertaken by the Council in
2004, on the basis of a proposal from the Commission. These
resources shall, if released, be distributed as appropriate to the
envelopes referred to in paragraphs 1(a), (b) and (c).

3.
Before the expiry of the 9th EDF, the Member States
shall, in accordance with paragraph 7 of the Financial Protocol
of the ACP-EC Agreement, together with the ACP States assess
the degree of realisation of commitments and disbursements.
The need for new resources to support financial cooperation
shall be established in the light of this assessment and shall
take full account of the uncommitted and non-disbursed
resources under the 9th EDF.

4.
Before the expiry of the 9th EDF, the Member States shall
set a date beyond which the funds of the 9th EDF may no
longer be committed.

Article 3

Resources reserved for the OCT

stated

amount

in Article

1.
The overall amount of financial assistance to the OCT
allocated by the Community in the form of grants out of the
overall
be
EUR 175 million of which EUR 155 million in the form of
grants and EUR 20 million under the Investment Facility. The
rules governing the implementation of this assistance shall be
laid down in the Council Decision on the association of the
OCT with the Community, adopted pursuant to Article 187
of the Treaty.

1(2)(a)

shall

2. Where an OCT becomes independent and accedes to the
ACP-EC Agreement, the amounts indicated in paragraph 1 of
this Article shall be reduced and those indicated in Article
2(a)(i) correspondingly increased by a decision of the Council
acting unanimously on a proposal from the Commission.

Article 4

Resources reserved for costs linked to implementation

An amount of EUR 125 million shall be reserved for the
financing of costs linked to implementation incurred by the
Commission in the framework of the ACP-EC Agreement. It
shall be utilised in accordance with the principles set out in
Article 10 of this Agreement together with the resources
referred to in Article 1(3) of this Agreement.

Article 5

Loans from Bank own resources

1.
To the amount laid down in Article 1(2) shall be added
up to EUR 1 720 million in the form of loans granted by the
Bank from its own resources. These resources shall be granted
for the purposes set out in Annex II to the ACP-EC Agreement
and the Council Decision in force adopted pursuant
to
Article 187 of the Treaty with regard to the OCT (hereafter
referred to as ‘Decision’), in accordance with the conditions
provided for by its statutes and the relevant provisions of the
terms and conditions for investment financing as laid down in
the aforementioned Annex and Decision.

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2.

(a)

(b)

These loans shall be allocated as follows:

an amount of up to EUR 1 700 million for financing
operations to be carried out in the ACP States;

an amount of up to EUR 20 million for financing
operations to be carried out in the OCT.

2.
The Bank shall be remunerated on a full indemnity basis
for the management of the Investment Facility operations. The
Council shall decide, by the qualified majority laid down in
Article 21 of this Agreement and on a proposal from the
Commission drawn up in agreement with the Bank, on the
resources and mechanisms for remuneration of the Bank. The
terms of this decision shall be incorporated in the agreement
by which the Bank undertakes to conduct these operations.

Article 6

Guarantee for the Bank

The Member States undertake to act as guarantor for the
1.
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
pursuant to Article 1 of Annex II to the ACP-EC Agreement
and the corresponding provisions of the Decision.

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.

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

Article 7

Operations managed by the Bank under previous EDFs

Payments made to the Bank in respect of special loans
1.
granted to the ACP States, the OCT and the French overseas
departments, together with the proceeds and income from risk
capital operations, undertaken under the previous EDFs, shall
be credited to the Member States in proportion to their
contributions to the 9th EDF 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 purposes.

2.
Any commission due to the Bank for managing the loans
and operations referred to in paragraph 1 shall be deducted in
advance from these sums.

Article 8

Operations managed by the Bank under the 9th EDF

Article 9

Costs linked to implementation of the resources of the
9th EDF

1.
The resources referred to in Article 4 of this Agreement
shall, together with the resources referred to in Article 1(3), be
used to cover administrative and financial costs arising from
the implementation of the resources of the 9th EDF. The
Commission shall make use of these resources for the following
purposes:

(a)

administrative and financial costs arising from the cash
management of the 9th EDF;

(b)

(c)

reinforcing the administrative capacities of the Com-
mission and its Delegations in order to ensure a smooth
preparation and implementation of operations financed
from the 9th EDF;

the financing of studies, assessments, audits or consultan-
cy services, including in the area of the analysis, diagnosis
and formulation of structural adjustment and other
policies; and

(d) monitoring and evaluation.

Such assistance shall not be assigned to core tasks of the
European public service,
i.e. the Commission’s permanent
staff.

2.
The Commission shall make annual global financial
proposals to the EDF Committee referred to in Article 21,
hereinafter referred to as the ‘EDF Committee’, on the use of
these resources which will include a report on the activities in
the preceding year. The EDF Committee shall deliver its
opinion on such financing proposals in accordance with the
procedure laid down in Article 27.

1.
Proceeds and income received by the Bank from oper-
ations under the Investment Facility shall be used for further
operations under the Facility, in accordance with Article 3 of
Annex II to the Agreement and after deduction of exceptional
expenses and liabilities arising in connection with the Facility.

3.
However, acting on a Commission proposal, the Council
may decide by the qualified majority laid down in Article 21
to use the resources referred to in this Article for purposes
other than those provided for in paragraph 1.

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Article 10

Contributions to the 9th EDF

1.
Each year, the Commission, taking into account the
Bank’s forecast requirements concerning the management and
the operations of the Investment Facility, shall establish and
communicate to the Council before 15 October a statement of
the payments to be made in the following budget year and a
schedule of the calls for contribution. The amount requested
shall be justified by the Commission on the basis of the
Commission’s capacity to deliver the proposed level of
resources effectively. The Council shall decide thereon by the
qualified majority laid down in Article 21 as well as on each
scheduled call for contribution.

2.
As regards funds transferred from previous EDFs to the
9th EDF in accordance with Article 1(2)(b), the contributions
of each Member State shall be calculated in proportion to the
contribution of each Member State to the EDF in question.

Together with its annual estimates of contributions,
3.
the Commission shall send to the Council its estimates of
commitments and disbursements, for each of the four years
following the year relating to the call for contributions. The
schedule shall be approved and reviewed annually by the
Council.

4.
Should the contributions prove insufficient to meet the
9th EDF’s actual needs in the financial year in question,
the Commission shall submit proposals for supplementary
payments to the Council, which shall take a decision, as soon
as possible, by the qualified majority laid down in Article 21.

5.
The detailed rules for payments of contributions by the
Member States shall be determined by the Financial Regulation
referred to in Article 31.

CHAPTER II

RESPONSIBILITIES OF THE COMMISSION AND THE EURO-
PEAN INVESTMENT BANK

Article 11

Financial execution of projects and programmes

2.
The Bank shall on behalf of the Community manage the
Investment Facility and shall conduct operations thereunder,
in accordance with the rules set out in the Financial Regulation
referred to in Article 31. In this context, the Bank shall act on
behalf of and at the risk of the Community. Any rights
resulting from such operations, and particularly rights as
creditor or owner, shall be vested in the Member States.

The Bank shall undertake the financial execution of
3.
operations carried out by means of
loans from its own
resources, where applicable combined with interest rate subsid-
ies drawn from the Fund’s grant resources.

4.
Both the Commission and the Bank may, in the case of
programmes or projects co-financed by Member States or their
executing agencies and consistent with the priorities set out in
the Country Cooperation Strategies referred to in Chapter III,
entrust Member States or their executing agencies with the
responsibility for the administration of European Union funds.
Visibility of the European Union’s contribution shall however
be fully assured. The Commission shall provide financial
compensation for the administrative burden assumed.

Article 12

Monitoring and reporting requirements regarding the
progress in implementation of 9th EDF assistance

1.
The Commission and the Bank shall monitor, each to
the extent to which it is concerned, the use of 9th EDF
assistance by the ACP States, the OCT or any other recipients,
and the implementation of projects financed by 9th EDF
assistance, having particular regard to the relevant objectives
referred to in Articles 55 and 56 of the ACP-EC Agreement
and in the corresponding provisions of the Decision.

2.
The Bank shall periodically inform the Commission
regarding the implementation of projects financed from the
9th EDF resources it administers, following the procedures set
out in the operational guidelines of the Investment Facility.
The Commission and the Bank will ensure close coordination
and cooperation in supporting private sector development in
the ACP States.

3.
to
The Commission and the Bank shall, pursuant
Articles 17, 18 and 19, provide Member States, meeting within
the EDF Committee, with information on the operational
national and regional implementation of resources from the
9th EDF. Such information shall also cover operations financed
from the Investment Facility.

1.
The Commission shall undertake the financial execution
of operations carried out with the resources in the form of
grants other than interest subsidies. The Commission shall
make payments in accordance with the Financial Regulation
referred to in Article 31.

4.
As referred to in Article 2(2) and 2(3) of this Agreement,
the Commission shall provide the Council with a proposal for
the global performance review to be undertaken by the Council
in 2004. This review will in particular assess the degree of
realisation of commitments and disbursements.

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Article 13

Evaluations

1.
The Commission and the Bank shall, each to the extent
to which it is concerned, ensure that the quality and impact of
financial assistance financed from the 9th EDF are thoroughly
evaluated by independent evaluators as regards main sectors,
themes and instruments.

2. Without prejudice to the evaluations of main sectors,
themes and instruments referred to in paragraphs 1, individual
projects may be evaluated by independent evaluators on a
case-by-case basis. Project evaluations may be undertaken on
the initiative of the Commission and indicated in the financing
proposal. Member States may also request a project evaluation
when the financing proposal is discussed in the EDF Com-
mittee.

(b)

a clear indication from the Community of the indicative
programmable financial allocation as referred to in Article
3 of Annex IV, from which the country or region may
benefit during the five-year period;

(c)

the preparation and adoption of an indicative programme
for implementing the CS or RCS;

(d)

a review process covering the CS or RCS, the indicative
programme and the volume of resources allocated to it.

Article 15

CSs and indicative programmes

3.
All evaluations shall be carried out in accordance with
best evaluation practices including the evaluation criteria
and ‘Principles for the evaluation of development assistance’
established by the Development Assistance Committee of the
OECD.

1.
At the outset of the programming process, the Com-
mission, together with the ACP State concerned, and after
consultation with the Bank, shall prepare the Country Cooper-
ation Strategy (CS) and its accompanying indicative pro-
gramme at field level.

4.
The EDF Committee shall be notified of the finalisation
of the evaluation, which subsequently may, pursuant to Article
28(c), be discussed by the EDF Committee. The results of
evaluations shall be taken into account in the process of mid-
term and end-of-term reviews of the cooperation strategies
provided for in Article 18.

CHAPTER III

PROGRAMMING

Article 14

Programming of assistance

The process of programming for assistance to individual
1.
ACP State shall be undertaken in accordance with Articles 1 to
5 of Annex IV to the ACP-EC Agreement.

The process of programming of support for regional
2.
cooperation and integration of
the ACP States shall be
undertaken in accordance with Articles 6 to 14 of Annex IV
to the ACP-EC Agreement.

2.
The preparation of the CS shall take place in coordination
with representations of Member States in the ACP State
concerned. Such coordination shall:

(a)

as far as possible take place through existing mechanisms
for donor coordination in the ACP State concerned;

(b) be open to participation by Member States that are not
permanently represented in the ACP State concerned and
by other donors which are active in that ACP State.
Member States that are not in a position to participate in
the coordination exercise shall have access to information
on the results;

(c)

involve the Bank on the matters relative to its operations
and those of the Investment Facility.

3.
Coordination on field level shall give emphasis to shared
assessments of needs and performance and sector analysis as
well as priorities. The coordination exercise shall ensure that
the CS and indicative programme are coherent with country-
led initiatives, such as the Poverty Reduction Strategy Papers
and the Comprehensive Development Framework, where such
dialogue exists.

3.

(a)

Programming for this purpose shall notably mean:

the preparation and development of a Country Cooper-
ation Strategy (CS)/Regional Cooperation Strategy (RCS)
based on the country’s or region’s own medium-term
development objectives and strategies;

4.
Community support in the form of grants shall be
concentrated in a limited number of focal sectors and shall
ensure complementarity with operations financed by the ACP
State itself, by Member States and by other donors.

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5.
Each CS, including its draft indicative programme, shall
be set out in a single document. This document shall be the
subject of an exchange of views between the Member States
and the Commission in the framework of the EDF Committee.
In accordance with Articles 4(3) and 5(4) of Annex IV to the
ACP-EC Agreement, the indicative programme shall include
specific and clearly identified operations for attaining the
objectives and targets, especially those that can be committed
before the next review. The indicative programme shall also
include impact indicators and sectoral policy commitments
and a timetable for implementation and review of the indicative
programme including commitments and disbursement of
resources.

The Bank shall take part in this exchange of views. The EDF
Committee shall deliver its opinion on the content of the
document in accordance with the procedure set out in Article
27.

The EDF Committee shall give its opinion, in accordance with
the procedure defined in Article 27, on the method used in the
application of the general criteria for resource allocation, as
presented by the Commission.

Article 17

Annual review of the Indicative Programmes

1.
In accordance with Article 5(4) of Annex IV to the ACP-
EC Agreement, the annual operational review of each indicative
programme shall be carried out by the Commission together
with each ACP State and in close coordination with the
Member States. The Bank shall be consulted on matters relating
to its operations and those of the Investment Facility.

The indicative programme shall subsequently be adopted
6.
by common agreement between the Commission and the ACP
State concerned and shall, when adopted, be binding on both
the Community and that State. The finalised CS and its
indicative programme shall subsequently be transmitted to the
EDF Committee for information.

This annual review of each programme shall be com-
2.
pleted within a period of 60 days. The Commission, the Bank
and the Member States shall take all necessary measures, in
particular in relation to the process of exchange of views
referred to in paragraph 3 of this Article, to ensure that this
time frame is respected.

If
the CS and indicative programme on which the EDF
Committee has delivered its opinion is substantially modified
before it is signed with the ACP State concerned, the revised
CS and indicative programme shall be submitted to the said
EDF Committee for a new opinion.

7.
The Commission, the Bank and the Member States shall
take all necessary measures, in particular in relation to the
process of exchange of views referred to in paragraph 5 of this
Article, to ensure that the establishment of the CS and the
corresponding indicative programme is completed within the
shortest possible time. Save in exceptional circumstances, the
process shall be finalised within twelve months of the signing
of the Partnership Agreement.

Article 16

Resource allocation

At the beginning of the programming processes referred to in
Articles 1 and 8 of Annex IV to the ACP-EC Agreement the
Commission shall, on the basis of the criteria identified in
Articles 3 and 9 of Annex IV to the ACP-EC Agreement,
establish the indicative grant allocation within the resources
detailed in Article 2(1)(a)(i) and (b) for each ACP country and
region on which the programming process is based. The two
elements of the allocation to each country referred to in Article
3(2) of Annex IV to the ACP-EC Partnership Agreement shall
be identified in this context. The Commission shall inform the
EDF Committee of these allocations as well as of any provision
made in accordance with Article 3(4) of Annex IV.

3. Within the 60-day period, the EDF Committee shall
discuss the annual review on the basis of a document to be
submitted by the Commission.

The annual review shall be finalised by the Commission
4.
and the ACP State concerned. The final results of the annual
review shall be communicated to the EDF Committee for
information.

Article 18

Mid-term and end-of-term reviews of the CS

1.
At the middle and at the end of the period of application
of the Financial Protocol, the review process shall, in accord-
ance with the process referred to in Articles 5(6) and 11 of
Annex IV to the ACP-EC Agreement, be expanded to include a
review and adaptation of the CS and the indicative programme
for the next five-year period. These reviews shall constitute an
integral part of the programming process and include, as an
essential part, an assessment of the impact of the Community’s
development cooperation in the relation to the objectives and
indicators set in the CS.

Mid-term and end-of-term reviews for each ACP State shall be
carried out by the Commission and the ACP State concerned
in close coordination with the Member States represented in
that ACP State. The Bank shall be consulted on matters relating
to its operations and those of the Investment Facility.

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2.
The mid-term and end-of-term reviews may lead the
Commission to propose a revision of the resource allocation
for the next five-year period in the light of the current needs
and performance of the ACP State concerned.

The reviews at mid-term and at the end of the period of
3.
application of the Financial Protocol, including the possible
revision of the allocated resources, shall be finalised within a
total period of 90 days. The Commission, the Bank and the
Member States shall take all necessary measures, in particular
in relation to the process of the EDF Committee opinion
referred to in paragraph 4, to ensure that the time frames for
these reviews are respected.

4. Within the period specified for the mid-term and end-of-
term reviews, the EDF Committee shall deliver its opinion in
accordance with Article 27 on the basis of a document to be
provided by the Commission, on:

(a)

the conclusions of the mid-term or end-of-term review;

(b)

the CS and its indicative programme;

(c)

a proposal by the Commission for the resource allocation.

Article 19

Regional programmes

1.
The preparation of the Regional Cooperation Strategy
(RCS) and its accompanying indicative programme shall be
undertaken by the Commission and the duly mandated
regional organisation(s) or, in the absence of such a mandate,
the National Authorising Officers of the ACP States in the
region concerned. Where a Regional Authorising Officer has
been appointed, the preparation of the RCS and its indicative
programme shall be undertaken in coordination with Member
States.

4.
The indicative programme shall subsequently be adopted
by common agreement between the Commission and the duly
mandated regional organisation(s) or, in the absence of a duly
mandated regional organisation, the National Authorising
Officers of the ACP States in the region concerned. The
indicative programme shall, when adopted, be binding on
both the Community and these States.

5.
A mid-term and end-of-term review of the RCS and the
indicative programme shall be undertaken in accordance with
Article 11 of Annex IV to the ACP-EC Agreement. During the
review process, the EDF Committee shall deliver its opinion in
accordance with the provisions of Article 27 on the basis of a
summary document to be submitted by the Commission.
Following the deliberations in the said Committee, the review
process shall be finalised between the Commission and the
duly mandated regional organisation(s) or, in the absence of
such a mandate, the National Authorising Officers of the ACP
States in the region concerned. The final results on the review
shall be set out in summary form and shall be transmitted to
the EDF Committee for information.

6.
The mid-term and end-of-term reviews may include a
revision of the resource allocation in the light of the current
needs and performance of the ACP region concerned.

Article 20

Reviews in exceptional circumstances

In exceptional circumstances referred to in Articles 72 and 73
of the ACP-EC Agreement, the review of the CS can be carried
out at the request of either the ACP State concerned or the
Commission. In such cases, the review procedure provided for
in Article 18 of this Agreement shall apply, taking into
consideration, where appropriate, the provisions of Article
3(4) of Annex IV to the ACP-EC Agreement.

CHAPTER IV

DECISION-MAKING PROCEDURES

2.
Such coordination shall involve the Bank on matters
relative to its operations and those of the Investment Facility.

Article 21

The European Development Fund Committee

3.
The RCS and its draft indicative programme shall be set
out in a single document. This document shall be the subject
of an exchange of views between the Member States and the
Commission in the framework of the EDF Committee. The
EDF Committee shall deliver its opinion on the draft RCS and
its indicative programme in accordance with the procedure set
out in Article 27, taking into account the provisions of
Article 23(1) of this Agreement.

the governments of

1.
A Committee (hereinafter called ‘the EDF Committee’)
the
consisting of representatives of
Member States shall be set up at the Commission for the
European Development Fund resources which the Commission
administers. The EDF Committee shall be chaired by a
Commission representative, and its secretariat shall be pro-
vided by the Commission. A representative of the Bank shall
take part in its work.

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The Council, acting unanimously, shall adopt the rules

2.
of procedure of the EDF Committee.

(c) monitoring the implementation of Community aid,
including sectoral aspects, cross-cutting issues, and the
functioning of field-level coordination.

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

Member State

Votes

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 referred to in paragraph 4 shall be amended
by a decision of the Council, acting unanimously, in the case
referred to in Article 1(4).

Article 22

Responsibilities of the EDF Committee

Article 23

Programming, identification, complementarity and con-
sistency

1. With regard to programming, the Committee shall

(a)

give its opinion on the examination referred to in Article
15(5), in the second subparagraph of Article 15(6), in the
second paragraph of Article 16, in Article 18(4) and in
Article 19(3) and (5) in accordance with the procedure
set out in Article 27; and

(b)

examine the conclusions of the annual reviews referred
to in Article 17(3).

2.
The Committee shall also examine the consistency and
complementarity between Community aid and aid from the
Member States. In order to ensure transparency and consist-
ency between cooperation operations and improve comp-
lementarity between Community actions and bilateral aid, the
Commission shall communicate to the Member States and
their representatives on the spot the notes identifying projects
within one month of taking the decision to appraise them.
These notes will be regularly updated and sent to the EDF
Committee, Member States and their representatives on the
spot.

3.
In the interests of complementarity, each Member State
shall systematically inform the Commission of the cooperation
activities that it is undertaking, or intends to undertake, in
each particular country. Information on bilateral aid shall be
provided at the establishment of the first CS and shall be
updated at least at the occasion of the annual review.

1.
The EDF Committee shall focus its work on the substan-
tive issues of development cooperation at country and regional
level. In the interests of coherence, coordination and comp-
lementarity, it shall monitor the implementation of develop-
ment strategies adopted by the Community and its Member
States.

Article 24

Financing proposals on which the EDF Committee gives
its opinion

2.

The Committee’s tasks shall cover three levels:

(a)

programming of Community aid and programming
reviews in particular focusing on country and regional
strategies, including identification of projects and pro-
grammes;

The EDF Committee shall give its opinion following the

1.
procedure laid down in Article 27 on:

(a)

financing proposals for projects or programmes with a
value greater than EUR 8 million or representing more
than 25 % of the indicative programme;

(b) participation in the decision-making process relating to
financing from the European Development Fund; and

(b)

financing proposals drawn up under Article 9.

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2.

Financing proposals of a value:

Article 25

(a)

greater than EUR 15 million or representing more than
25 % of the indicative programme shall be approved by
oral procedure;

(b) between EUR 8 million and EUR 15 million shall be

approved by written procedure.

3. Without first seeking the opinion of the EDF Committee,
the Commission is authorised to approve operations with a
value less than or equal to EUR 8 million and representing less
than 25 % of
the indicative programme. Each Member
State may demand that operations approved directly by the
Commission shall be discussed at a future meeting of the EDF
Committee. For operations with a value:

(a)

between EUR 2 million and EUR 8 million, the Com-
mission will provide the EDF Committee with ex ante
information according to the criteria specified in para-
graph 5 at least two weeks before the decision is taken;

(b) between EUR 500 000 and EUR 2 million, the Com-
mission will provide the EDF Committee with a succinct
ex ante information at least two weeks before the decision
is taken;

Financing of emergency assistance from the European
Development Fund

Humanitarian and emergency assistance shall be granted
1.
in accordance with Articles 72 and 73 of
the ACP-EC
Agreement and the corresponding Article of the Decision.
Where budget funding is not available, such assistance may be
financed from the grant envelope of the 9th EDF referred to in
Article 2(1)(a)(i).

2.
The occurrence of sudden and unforeseeable serious
humanitarian, economic and social difficulties of an excep-
tional nature resulting from natural disasters, man-made crises
such as wars and other conflicts or extraordinary circumstances
having comparable effects may be considered as cases of
special urgency. In such cases, the Commission is authorised
to take decisions directly for a value up to EUR 10 million.
Such assistance shall be limited to implementation over a
period of maximum six months.

3.

For operations of special urgency, the Commission shall

(c)

less than EUR 500 000, the Commission will inform the
EDF Committee after it has taken its decision.

— take its decision

4.
The Commission is also authorised to approve, without
seeking the EDF Committee’s opinion, the additional commit-
ments required to cover expected or actual overspending under
a project or programme referred to in paragraphs 1(a) and (b),
where the overspending or additional amount required does
not exceed 20 % of the initial commitment fixed in the
financing decision and/or EUR 5 million, and does not entail
any substantial modification to the project.

The financing proposals referred to in paragraphs 1 and

5.
3(a) shall indicate in particular:

(a)

(b)

the relevance of the projects or programmes to the
development of the country or countries concerned and
to the achievement of the objectives spelt out in the CS
or RCS;

the expected impact of these projects and programmes as
well as their feasibility and measures to ensure their
sustainability after Community funding has come to an
end.

The financing proposals shall also specify procedures and the
timetable for implementation, as well as key indicators for
assessing achievement of expected objectives and results.
They shall also indicate how lessons learned from previous
experiences and programmes have contributed to and been
taken into account in the development of the programme and
how coordination is undertaken among donors in the country
or countries concerned.

— inform Member States in writing within forty-eight hour

— report on its decision at the following meeting of the
Committee. On this occasion, the Commission shall in
particular justify the reasons for recourse to the procedure
for special urgency.

Article 26

Global authorisations

1.
Following the procedures laid down for financing pro-
posals in Article 24(1) and (3), and in order to speed up those
procedures, the Commission may approve, after a qualitative
and quantitative assessment, global authorisations covering
overall amounts for the activities referred to in Article 16(7) of
Annex IV.

Global authorisations may also be used for interest rate

2.
subsidies subject to the provisions of Article 30.

3.
Such financing proposals should specify objectives and,
where appropriate, the intended impact of the Community
contribution, sustainability of the activities, previous experi-
ence and earlier evaluations as well as coordination with other
donors.

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Article 27

Decision-making procedure

1. Where the EDF Committee is called upon to give its
opinion, the Commission shall submit to the committee a
draft of measures to be taken.

2.
The EDF Committee shall deliver its opinion in accord-
ance with the provisions of Article 21 and in accordance with
its Rules of Procedure referred to in Article 21(2).

3. When the EDF Committee has adopted its opinion,
take measures, which shall apply
the Commission shall
immediately. If the Commission decides to depart from the
opinion expressed by the EDF Committee, or if the committee
has not delivered a favourable opinion, the Commission shall
either withdraw the proposal or, at the earliest opportunity,
refer the proposal to the Council. The Council 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.

4.
Should the measure that is referred by the Commission
to the Council consist of a financing proposal referred to in
Article 24(1) or a global authorisation referred to in Article
26, the ACP State or States concerned shall be notified in
accordance with Article 16 of Annex IV to the ACP-EC
Partnership Agreement. The Community shall in such cases
not take a final decision before the expiry of the period of
60 days mentioned in Article 16(5) of Annex IV to the ACP-
EC Partnership Agreement.

Article 28

Monitoring implementation

CHAPTER V

INVESTMENT FACILITY COMMITTEE

Article 29

The Investment Facility Committee

the Governments of

A committee (hereinafter called ‘the IF Committee’)
1.
consisting of representatives of
the
Member States and of a representative of the Commission shall
be set up under the auspices of the Bank. Each Government
shall nominate one representative and one designated alternate.
The Commission shall act in the same way for its representa-
tive. With a view to maintaining continuity, the Chairman of
the IF Committee shall be elected by and from within the
members of the IF Committee for a period of two years. The
Bank shall provide the Committee’s secretariat and support
services. Only the members of the IF Committee designated by
the Member States, or their alternates, shall vote.

The Council, acting unanimously, shall adopt the rules
2.
of procedure of the IF Committee on the basis of a proposal
drawn up by the Bank after consultation of the Commission.

The IF Committee shall act by a qualified majority. The

3.
weighting of the votes shall be as laid down in Article 21.

The IF Committee shall meet at least four times a year.
4.
Additional meetings may be convened at the request of the
Bank or of the members of the Committee as set out in the
rules of procedure. In addition, the IF Committee may deliver
an opinion by written procedure on matters referred to in
Article 30(2).

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

(a)

(b)

(c)

general development issues, where these are related to
the implementation of the European Development Fund;

sectoral strategies developed by the Commission,
in
association with experts from Member States, where this
is deemed necessary for the coherence of Community
development policy;

results of evaluations of country or sectoral strategies,
programs, projects, or any other evaluations that are
considered to be of interest to the Committee;

(d) mid-term appraisal of projects and programmes where
requested by the EDF Committee when approving the
financing proposals, or where this appraisal gives rise to
substantial modifications to the project or programme
concerned.

Article 30

Responsibilities of the IF Committee, the Bank and the
Commission

1.

1)

2)

3)

4)

The IF Committee shall approve:

the operational guidelines of the Facility and proposals
for their revision;

the investment strategies and business plans of
the
Facility, including performance indicators, on the basis of
the objectives of the ACP-EC Agreement and of the broad
principles of Community development policy;

the annual reports of the Investment Facility;

any general policy document,
reports, concerning the Investment Facility.

including evaluation

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Furthermore, the IF Committee shall deliver an opinion

5.
The Bank shall not proceed with any action mentioned
in paragraph 2 unless the IF Committee has given a favourable
opinion.

2.
on:

1)

2)

3)

proposals to grant an interest subsidy under Article 2(7),
and Article 4(2), of Annex II to the Agreement. In such
cases, the Committee shall also deliver an opinion on the
use of such an interest subsidy;

proposals for an IF investment for any project for which
the Commission has rendered a negative opinion;

other proposals relating to the Investment Facility based
on the general principles defined in the operational
guidelines.

3.
It shall be the Bank’s responsibility to submit to the IF
Committee in a timely manner any matters that require an
approval or opinion of the IF Committee, as provided in
paragraphs 1 and 2 of this Article. Any proposal submitted to
the Committee for an opinion shall be made in accordance
with the relevant criteria and principles set out
in the
operational guidelines.

4.
The Bank and the Commission shall cooperate closely
and, where relevant, shall coordinate their respective oper-
ations. In particular:

1)

2)

3)

the Bank shall prepare the draft operational guidelines of
the Facility jointly with the Commission;

the Bank shall request the opinion of the Commission
beforehand:

(a)

on investment strategies, business plans and general
policy documents

(b) on the conformity of public sector or financial
sector projects with the relevant country cooper-
ation strategy or regional cooperation strategy or, as
the case may be, with the general objectives of the
Investment Facility;

the Bank shall also request the agreement of the Com-
mission on any proposal made to the IF Committee for
an interest subsidy, as to its compliance with Article 2(7)
and Article 4(2) of Annex II to the ACP-EC Agreement
and with the criteria defined in the operational guidelines
of the Investment Facility.

The Commission shall be deemed to have rendered a favour-
able opinion on or to have agreed to a proposal, unless it
notifies a negative opinion on such proposal within two
weeks following the submission of
the proposal. Where
the Commission’s opinion is required for a proposal under
point (2)(b), the Bank shall present its request in the form of a
short memorandum outlining the objectives and rationale of
the proposed operation, as well as its relevance to the country
strategy.

Following a favourable opinion of the IF Committee, the Bank
in accordance with its own
shall decide on the proposal
procedures. In particular, it may decide, on account of new
circumstances, not to proceed with the proposal. The Bank
shall periodically inform the IF Committee and the Com-
mission of cases where it decides not to proceed.

For loans from its own resources and for IF investments for
which no opinion of the IF Committee is required, the Bank
shall decide in accordance with its own procedures and, in the
case of the Facility, in accordance with the guidelines and the
investment strategies approved by the IF Committee.

Notwithstanding a negative opinion of the IF Committee on a
proposal to grant an interest subsidy, the Bank may proceed
with the loan in question without the benefit of the interest
subsidy. The Bank shall periodically inform the IF Committee
and the Commission of each occasion on which it so decides
to proceed.

The Bank may, subject
to conditions laid down in the
operational guidelines, and the condition that the essential
objective of the loan or Investment Facility Investment in
question be unchanged, decide to modify the terms of an
Investment Facility loan or investment on which the IF
Committee has given a favourable opinion under paragraph 2
or of any loan on which the Committee has given a favourable
opinion on interest subsidies. In particular, the Bank may
decide to increase the amount of the loan or Investment
Facility investment by up to 20 %.

Such an increase may, for projects with interest subsidies
referred to in Article 2(7)(a) of Annex II to the Agreement,
result in a proportionate increase in the value of the interest
subsidy. The Bank shall periodically inform the IF Committee
and the Commission of each occasion on which it so decides
to proceed. For projects falling under Article 2(7)(b) of Annex
II to the Agreement, if an increase in the value of the subsidy
is requested, the IF Committee will be required to deliver an
opinion before the Bank proceeds.

The Bank shall manage Investment Facility Investments
6.
and all funds held on account of the said Investment Facility
in accordance with the objectives of the Agreement. It may, in
particular,
in the management and supervisory
organs of legal persons in which the Investment Facility is
invested, and may compromise, discharge and modify the
rights held on account of the Investment Facility.

take part

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CHAPTER VI

FINAL PROVISIONS

Article 31

Financial Regulation

The provisions for implementing this Agreement shall be the
subject of a Financial Regulation adopted, before the entry into
force of the ACP-EC Agreement, by the Council, acting by the
qualified majority laid down in Article 21, on the basis of a
proposal from the Commission, 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 247 of
the Treaty establishing the European Community (hereafter
referred to as the ‘Court of Auditors’).

Article 32

Financial arrangements

If the amount of resources thus transferred from previous
2.
EDFs to particular national and regional
indicative pro-
grammes, referred to in Article 14(3)(c) and Article 19
respectively under the 9th EDF exceeds EUR 10 million per
country or region, those resources shall be subject to the rules
of the EDF of origin as regards eligibility for participation in
tenders and award of contracts. If the resources transferred are
equal to or less than EUR 10 million, the eligibility rules
applicable to tenders under the 9th EDF shall apply.

Article 34

Revision clause

The Articles contained in Chapters II to V, with the exception
of Article 21, may be amended by the Council, acting
unanimously and on a proposal from the Commission. The
Bank shall be associated with the Commission’s proposal on
matters relating to its activities and those of the Investment
Facility. Such amendments may be envisaged in order to:

1.
At the end of each financial year, the Commission shall
adopt the revenue and expenditure account and the balance
sheet of the 9th EDF.

2. Without prejudice to paragraph 4, the Court of Auditors
shall also exercise its powers in respect of the 9th EDF’s
operations. The conditions under which the Court exercises its
powers shall be laid down in the Financial Regulation referred
to in Article 31.

(a)

(b)

The discharge for the financial management of the 9th
3.
EDF, excluding operations managed by the Bank, 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 of this Agreement.

4.
The Commission shall make the information referred to
in Article 12 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 9th EDF’s resources.

5.
The operations financed from the 9th EDF’s resources
managed by the Bank shall be subject to the control and
discharge procedure laid down by the Statute of the Bank for
all its operations. Each year the Bank shall send the Com-
mission and the Council its Annual Report on the execution
of operations financed from the 9th EDF’s resources it
manages.

Article 33

Previous EDFs

ensure consistency with the ACP-EC Agreement and
in particular the Annexes thereto covering rules for
implementation and management procedures; and

enhance the efficiency of implementation of resources of
the European Development Fund. In this context, the
thresholds for referral of
financing proposals to the
EDF Committee in Article 24 and the decision-making
procedure set out in Article 27 may be reviewed in the
year 2003.

Article 35

Ratification, entry into force and duration

1.
Each Member State shall approve this Agreement in
accordance with 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.

This Agreement shall enter into force on the first day of
2.
the second month following the notification of the approval
of this Agreement by the last Member State.

1.
Any balances remaining from previous EDFs shall, as
referred to in Article 1(2)(b), be transferred to the 9th EDF and
shall, without prejudice to the provisions of paragraph 2
below, be administered in accordance with the conditions laid
down either by this Agreement or by the Decision.

3.
This Agreement is concluded for the same duration as
the Financial Protocol annexed to the ACP-EC Agreement.
However, notwithstanding Article 2(4), this Agreement shall
remain in force for as long as is necessary for all the operations
financed under the ACP-EC Agreement and the said Financial
Protocol to be fully executed.

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Article 36

Authentic languages

This Agreement, drawn up in a single original in the Danish,
Dutch, English, Finnish, French, German, Greek, Italian, Portu-

guese, Spanish and Swedish languages, each of these eleven
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. In witness whereof, the
representatives of the Governments of the Member States
meeting within the Council, have hereunto set their hands.

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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 undertegnede repræsentanter for medlemsstaternes regeringer, forsamlet i
Rådet, underskrevet denne aftale.

ZU URKUND DESSEN haben die unterzeichneten Vertreter der Regierungen der Mitgliedstaaten ihre
Unterschriften unter dieses Abkommen gesetzt.

¯(cid:201)(cid:211) —(cid:201)(cid:211)(cid:212)(cid:217)(cid:211)˙ (cid:212)(cid:217)˝ `˝(cid:217)(cid:212)¯(cid:209)(cid:217), (cid:239)Ø ŒÆ·(cid:244)øŁØ ı(cid:240)(cid:239)ªæÆ·(cid:246)(cid:239)(cid:237)(cid:244)(cid:229)(cid:242) Æ(cid:237)(cid:244)Ø(cid:240)æ(cid:239)·(cid:243)ø(cid:240)(cid:239)Ø (cid:244)ø(cid:237) Œı(cid:226)(cid:229)æ(cid:237)(cid:231)·(cid:243)(cid:229)ø(cid:237) (cid:244)ø(cid:237) ŒæÆ(cid:244)ø·(cid:237) (cid:236)(cid:229)ºø·(cid:237),
(cid:243)ı(cid:237)(cid:229)ºŁ(cid:239)·(cid:237)(cid:244)(cid:229)(cid:242) (cid:243)(cid:244)Æ (cid:240)ºÆØ·(cid:243)ØÆ (cid:244)(cid:239)ı (cid:211)ı(cid:236)(cid:226)(cid:239)ıºØ·(cid:239)ı, (cid:229)·Ł(cid:229)(cid:243)Æ(cid:237) (cid:244)Ø(cid:242) ı(cid:240)(cid:239)ªæÆ(cid:246)(cid:229)·(cid:242) (cid:244)(cid:239)ı(cid:242) ŒÆ·(cid:244)ø Æ(cid:240)(cid:239)· (cid:244)(cid:231)(cid:237) (cid:240)Ææ(cid:239)ı·(cid:243)Æ (cid:243)ı(cid:236)(cid:246)ø(cid:237)Ø·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 représentants des gouvernements des E´ tats membres, réunis au sein du Conseil,
soussignés, ont apposé leurs signatures au bas du présent accord.

IN FEDE DI CHE, i rappresentanti dei governi degli Stati membri sottoscritti, riuniti in sede di Consiglio,
hanno apposto le proprie firme in calce al presente accordo.

TEN BLIJKE WAARVAN de vertegenwoordigers van de regeringen van de 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, abaixo
assinados, apuseram as suas assinaturas no final do presente Acordo.

TA¨ MA¨ N VAKUUDEKSI alla mainitut neuvostossa kokoontuneet jäsenvaltioiden hallitusten edustajat ovat
allekirjoittaneet tämän sopimuksen.

TILL BEVIS HA¨ RPÅ har undertecknade företrädare för medlemsstaternas regeringar, församlade i rådet,
undertecknat detta avtal.

Hecho en Bruselas, el dieciocho de septiembre del an˜ o dos mil.

Udfærdiget i Bruxelles den attende september to tusind.

Geschehen zu Brüssel am achtzehnten September zweitausend.

’¯ªØ(cid:237)(cid:229) (cid:243)(cid:244)Ø(cid:242) ´æı(cid:238)(cid:229)·ºº(cid:229)(cid:242), (cid:243)(cid:244)Ø(cid:242) (cid:228)(cid:229)·ŒÆ (cid:239)Œ(cid:244)ø· (cid:211)(cid:229)(cid:240)(cid:244)(cid:229)(cid:236)(cid:226)æØ·(cid:239)ı (cid:228)ı·(cid:239) (cid:247)ØºØÆ·(cid:228)(cid:229)(cid:242).

Done at Brussels on the eighteenth day of September in the year two thousand.

Fait à Bruxelles, le dix-huit septembre deux mille.

Fatto a Bruxelles, addı` diciotto settembre duemila.

Gedaan te Brussel, de achttiende september tweeduizend.

Feito em Bruxelas, em dezoito de Setembro de dois mil.

Tehty Brysselissä kahdeksantenatoista päivänä syyskuuta vuonna kaksituhatta.

Som skedde i Bryssel den artonde september tjugohundra.

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Pour le gouvernement du Royaume de Belgique

Voor de Regering van het Koninkrijk België

Für die Regierung des Königreichs Belgien

For regeringen for Kongeriget Danmark

Für die Regierung der Bundesrepublik Deutschland

ˆØÆ (cid:244)(cid:231)(cid:237) ˚ı(cid:226)(cid:229)·æ(cid:237)(cid:231)(cid:243)(cid:231) (cid:244)(cid:231)(cid:242) ¯ºº(cid:231)(cid:237)ØŒ(cid:231)·(cid:242) ˜(cid:231)(cid:236)(cid:239)ŒæÆ(cid:244)Ø·Æ(cid:242)

Por el Gobierno del Reino de Espan˜ a

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Official Journal of the European Communities

L 317/371

Pour le gouvernement de la République française

Thar ceann Rialtas na hE´ ireann
For the Government of Ireland

Per il Governo della Repubblica italiana

Pour le gouvernement du Grand-Duché de Luxembourg

Voor de Regering van het Koninkrijk der Nederlanden

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Für die Regierung der Republik O¨ sterreich

Pelo Governo da Repu´ blica Portuguesa

Suomen hallituksen puolesta
På finska regeringens vägnar

På svenska regeringens vägnar

For the Government of the United Kingdom of Great Britain and Northern Ireland

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EN

Official Journal of the European Communities

L 317/373

ANNEX

STATEMENTS RELATING TO CHAPTER III ANNEXED TO THE INTERNAL AGREEMENT

1)

Statement by the Commission and the Member States

The Commission and the Member States reiterate the importance attached to the standardised framework for
Country Strategy Papers (CSP) that is being developed as a follow-up to the Development Council resolution
on complementarity of May 1999. The process for programming of 9th EDF assistance shall comply with the
forthcoming Council conclusions on the CSP.

2)

Statements by the Commission

‘1.

The Commission will ensure that the Country Cooperation Strategy (CS) for the ACP States will comply
with the standardised framework for Country Strategy Papers. The CS will in particular:

(a)

(b)

include an analysis of the political, economic and social country context, constraints, capacities and
prospects, as well as a detailed outline of the country’s medium-term development strategy. It will
moreover provide an outline of the relevant plans and actions of other donors present in the
country, in particular those of the Member States of the European Union in their capacity as bilateral
donors.

identify appropriate response strategies to be supported by the Community. The response strategies
shall flow from the country’s own development strategy and the analysis of the country situation.
The response strategy will be built around a strictly limited number of agreed intervention sectors
and will be consistent with, and complementary to, interventions by other donors in the country
concerned. It shall integrate horizontal and cross-cutting issues such as focus on poverty alleviation,
gender equality, environmental issues, capacity building and sustainability issues. The CS shall draw
on lessons learned and take into account all relevant evaluations.

2.

3.

4.

The response strategy will be translated into a realistic, annually updated indicative work programme,
which will be an integral part of the CS document. The work programme will identify which instruments
will be used for projects/programmes in each focal sector. In order to guarantee a result-oriented
approach, it will focus on operational objectives and indicators. It will also spell out a timetable for
implementation and review of the indicative programme and identify indicators to measure performance.

The annual operational review process shall be carried out in accordance with Article 5(4) of Annex IV to
the ACP-EC Agreement and shall notably consist of an appraisal of the progress of activities outlined in
the indicative programme, measured against specific objectives and indicators.

At the mid-term and end-of-term reviews carried out in accordance with Article 5(6) of Annex IV to the
ACP-EC Agreement, the review shall cover an evaluation of the CS. The mid-term and end-of-term reviews
shall notably cover:

(a)

(b)

(c)

an analysis of the political, economic and social situation and the coherence and relevance of the
European Community response strategy in relation to the country situation;

the results of past or ongoing European Community cooperation with the country concerned taking
into account results of relevant evaluations; and including an assessment of horizontal and cross-
cutting issues;

an assessment and updating of the CS taking into account the overall degree of complementarity of
operations covered by the CS work plan in relation to the interventions of Member States and other
donors.

Both the annual review and mid-term and end-of-term reviews will include a concrete and specific
updating and revision of the indicative programme including an extension of the programming perspective
for the following five years.

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5.

6.

The Commission is drafting detailed guidelines on programming and the reviews, which will reflect and
detail these principles. Those guidelines shall be systematically used by the Commission services in the
programming process. The guidelines shall be submitted to Member States for information.

The respective roles of the Head of Delegation and Commission Headquarters in the programming
process shall be as described in the ACP-EC Agreement.’