Proposal for a Council Decision adopting the rules of procedure of the European Development Fund Committee
Date: 2002-01-09
Institutions: European Commission
Subjects: European Development Fund, committee (EU), rules of procedure

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 09.01.2002
COM(2001) 799 final

Proposal for a

COUNCIL DECISION

adopting the rules of procedure of the European Development Fund Committee

(presented by the Commission)

EXPLANATORY MEMORANDUM

Article 21 of the Internal Agreement of 18 September 2000 pursuant to the Partnership
Agreement between the Community and its Member States and the ACP states, signed in
Porto Novo on 23 June 2000,1 sets up a European Development Fund Committee under the
auspices of the Commission, for the Fund resources that it manages.

The Internal Agreement will enter into force after the ratification procedures have been
completed. However, by decision of the representatives of the governments of the Member
States meeting within the Council at its meeting on 3 October 2000 certain provisions of this
Internal Agreement, including Articles 21 (setting-up of the committee) and 27 (committee
procedures) were applied provisionally in advance2.

Article 21(2) of the Internal Agreement lays down that the Council, acting unanimously, has
to adopt the rules of procedure of the Committee.

The Community must therefore adopt the EDF Committee's new rules of procedure so that it
can carry out its duties as stipulated in the Internal Agreement.

The draft rules of procedure attached to this proposal for a Decision contain changes
compared to the old rules in order to comply with the new Internal Agreement. They also take
account of the simplification and harmonisation of committee procedures, in particular the
standard rules of procedure approved by the Commission for this purpose.

The Commission therefore proposes that the Council adopt the attached Decision.

1

2

Internal Agreement between the 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 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 (OJ L
317, 15.12.2000, p. 355).
Decision of 3 October 2000 by the Representatives of the Governments of the Member States, meeting
within the Council regarding provisional application of the Internal Agreement 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 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 (OJ L 317, of the 15.12.2000, p 354).

2

Proposal for a

COUNCIL DECISION

adopting the rules of procedure of the European Development Fund Committee

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Internal Agreement on the financing and administration of Community
aid, signed in Brussels on 18 September 2000, and in particular Article 21(2) thereof,3

Having regard to the proposal from the Commission,

(1) Whereas it is the responsibility of the Council to adopt the rules of procedure of the

European Development Fund Committee,

HAS DECIDED AS FOLLOWS:

The rules of procedure of the European Development Fund Committee, as set out at annex,
are hereby adopted.

Article 1

This Decision enters into force the day of its publication in the Official Journal.

Article 2

3

OJ L 317, 15.12.2000, p. 355

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Article 3

Until the entry into force of the Internal Agreement these rules of procedure shall apply only
to the programming needs referred to in Article 1 (1) and (2) of Decision 2000/770/ EC of the
representatives of the governments of the Member States, meeting within the Council, on
3 October 20004.

Done at Brussels, […]

For the Council
The President
[…]

4

Decision by the Representatives of the Governments of the Member States, meeting within the Council,
on the application of certain provisions of the Internal Agreement on financing and the management of
Community aid, signed in Brussels on 18 September 2000 (OJ L 317, 15.12.2000, p. 354).

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ANNEX
RULES OF PROCEDURE
of the European Development Fund Committee

Article 1

Convening a meeting

1.

2.

1.

2.

3.

1.

2.

3.

4.

The Committee shall be convened by its Chairman, acting on his own initiative or at
the request of a Member State.

Joint meetings of the Committee with other committees may be convened to discuss
issues coming within their respective areas of responsibility.

Article 2

Agenda

The Chairman shall draw up the agenda and submit it to the Committee.

The agenda shall make a distinction between:

–

–

proposed measures about which the Committee is asked to give an opinion
under the terms of the Internal Agreement;

other issues put to the Committee under the terms of the Internal Agreement.

Any delegation may request the inclusion of an item on the agenda of meetings of the
Committee. Relevant information on these items may be given orally.

Article 3

Documentation to be sent to committee members

The Chairman shall send the invitation to the meeting, the agenda and proposed
measures about which the Committee's opinion is required and any other working
documents to the Committee members via the secretariat, as a general rule no later
than 14 calendar days before the date of the meeting.

In urgent cases, and where the measures to be adopted must be applied immediately,
the Chairman may, at the request of a Committee member or on his or her own
initiative, shorten the period laid down in the above paragraph to five calendar days
before the date of the meeting.

In cases of extreme urgency, the Chairman may depart from the periods laid down in
paragraphs 1 and 2 above.

In the case of proposals to be submitted to the Committee by oral procedure under
the Internal Agreement, delegations should notify the secretariat of the committee in
writing at least four working days before the date of the meeting of:

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–

–

those items to which they can already give their assent and that they propose
including as A items (with or without comments or requests for further
information) on the agenda referred to in Article 4(1), and

those which they think need discussion and propose entering as B items.

Delegations shall also formulate any comments and requests for further information in writing
and within the same time-limit.

The Commission shall provide further information and respond to any comments, wherever
possible in writing and before the meeting of the Committee.

Article 4

Opinion of the Committee

1.

The Committee shall give its opinion in the cases and according to the procedures
provided for in the Internal Agreement. Where a matter is put to the Committee for
its opinion, it shall be discussed under the conditions and according to the procedure
set out respectively in Articles 21 and 27 of the Internal Agreement.

2.

When the oral procedure is used:

(a)

The Chairman, on his own initiative or at the request of a Committee member,
may postpone the vote on a particular agenda item until the end of the meeting
or a later meeting:

–

–

if a substantive change is made to the proposal during the meeting,

if the text of the proposal has been submitted to the Committee during
the meeting,

(b)

If there are specific difficulties, the Chairman may extend the meeting until the
following day.

Article 5

Representation and quorum

1.

2.

3.

Each Member State delegation is considered to be one Committee member. Each
member shall be represented by not more than one person. However, with the
Chairman's permission, the delegations may be accompanied by experts, at the
expense of the Member State concerned.

A Member State delegation may, if necessary, represent a maximum of one other
Member State. The Chairman of the Committee shall be notified in writing by the
Permanent Representative of the Member State which is represented.

The quorum required for the deliberations of the Committee to be valid is that
permitting a majority opinion to be issued in accordance with the Internal
Agreement.

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Article 6

Admission of third parties

The Chairman may decide to hear experts on specific points, at the request of a
member or on his or her own initiative.

These experts shall not be present or take part when the Committee moves to a vote.

Article 7

Written procedure

Where proposed measures are subject
to a written procedure, delegations have
14 calendar days from the sending of the proposals to adopt a position. Any
Committee member who does not express his or her opposition or intention to
abstain before the deadline laid down in the letter is considered to have given his or
her tacit agreement to the proposal;

In cases of urgency or extreme urgency, the deadlines laid down in Article 3(2) and
(3) shall apply.

However, if a Member State requests that the draft measures be considered in the
course of a meeting of the Committee, the written procedure shall thereby terminate;
the proposed measures shall be carried over to the next meeting of the Committee.

1.

2.

1.

2.

Article 8

Secretarial support

Secretarial services for the Committee shall be provided by the Commission.

Article 9

Minutes and summary report of the meetings

The minutes of each meeting shall be drawn up under the auspices of the Chairman. These
minutes shall contain,
the opinions expressed on the proposed measures
mentioned in Article 2 and, where applicable, the opinions expressed on issues not submitted
for an opinion. The minutes shall be sent to the members of the Committee within 14 calendar
days.

in particular,

The Committee members shall send any written comments they may have on the minutes to
the Chairman. The Committee shall be informed of this; if there are any disagreements, the
proposed amendment shall be discussed by the Committee. If the disagreement persists, the
proposed amendment shall be annexed to the minutes.

At each meeting of the Committee the Commission shall submit a list of the decisions taken
in the preceding period on the basis of Articles 24(2) b), 24(3) and 24(4) and the first indent
of 25(3) of the Internal Agreement.

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1.

2.

3.

1.

2.

3.

1.

Article 10

Attendance list

At each meeting, the Chairman shall draw up an attendance list specifying the
authorities or bodies to which the participants belong

At the beginning of every meeting, any Committee member whose participation in
the work of the Committee would constitute a conflict of interest with regard to a
particular agenda item must inform the Chairman of this situation.

Members of delegations who do not belong to a particular authority or organisation
of a Member State must sign a declaration stating that their participation does not
raise any conflict of interest.

In the event of such a conflict of interest, the member concerned must withdraw
whilst the relevant agenda items are being dealt with, at the request of the Chairman.

Article 11

Correspondence

Correspondence relating to the Committee shall be addressed to the Commission, for
the attention of the Committee Chairman.

Correspondence addressed to Committee members by the secretariat shall also be
sent to the Permanent Representative of the Member State concerned.

Save in exceptional circumstances, correspondence between the Commission and
Committee members shall be sent in both directions by the computerised means
provided for.

Article 12

Transparency

The principles and conditions concerning public access to the Committee's
documents shall be those laid down in Regulation (EC) No 1049/20015. It is for the
Commission to take a decision on requests for access to these documents. If such a
request is sent to a Member State, it must act in accordance with Article 5 of the
above Regulation.

2.

The proceedings of the Committee shall be confidential.

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Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001, OJ L
145, 31.5.2001, p. 43.

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Article 13

Running costs

1.

2.

3.

The Committee's running costs, including travelling expenses for one participant per
Member State, shall be borne by the Commission.

The Commission is authorised to refund the accommodation and travelling expenses
of experts invited under Article 6.

The Commission shall make available to the Committee the premises and material
resources necessary for its work.

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