2003/583/EC: Council Decision of 21 July 2003 on the reallocation of funds received by the European Investment Bank for operations carried out in the Democratic Republic of Congo under the second, third, fourth, fifth and sixth EDFs
Date: 2003-07-21
Institutions: Council of the European Union
Subjects: Democratic Republic of the Congo, EU aid, European Development Fund, European Investment Bank, democratisation, distribution of EU funding, financial aid

L 198/8

EN

Official Journal of the European Union

6.8.2003

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 21 July 2003

on the reallocation of funds received by the European Investment Bank for operations carried out
in the Democratic Republic of Congo under the second, third, fourth, fifth and sixth EDFs

(2003/583/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community,

Having regard to the Partnership Agreement between the
members of the African, Caribbean and Pacific Group of States,
of the one part, and the European Community and its Member
States, of
the other part, signed in Cotonou on 23 June
2000 (1), hereinafter referred to as the ‘Partnership Agreement’,

(2)

(3)

to promote aid to the population,

the
particular
strengthening of State structures, the economic recon-
struction of the country and disarmament, demobilisa-
tion,
resettlement
repatriation
(DDRRR) of former combatants.

reintegration,

and

The Democratic Republic of Congo received a reduced
allocation of EUR 25,7 million under the eighth EDF.

The funds allocated to the Democratic Republic of
Congo under the ninth EDF are insufficient to enable the
Community to cover the cost of the commitments made
by the Council on behalf of the European Union,

the Governments of

Having regard to the Internal Agreement of 12 September
2000 between representatives 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 coun-
tries and territories to which part four of the EC Treaty applies,
and in particular Article 7(1) thereof (2),

Having regard to the proposal from the Commission drafted in
agreement with the European Investment Bank (EIB),

Whereas:

(1)

In its conclusions of 27 January 2003 regarding the
Democratic Republic of Congo, the Council
(General
affairs and external relations) stated that it was prepared
to assist the transition to free and transparent elections
by the deadlines laid down in the Pretoria Agreement
and reaffirmed its willingness to support the transition,
as soon as its institutions were in place, with projects by
the European Union and its Member States designed in

HAS ADOPTED THIS DECISION:

Article 1

An additional allocation in the form of a grant equivalent to
EUR 105 million shall be allotted to the Commission for the
implementation of operations to be conducted in the Demo-
cratic Republic of Congo to ensure the country's democratic
transition to free and transparent elections, to strengthen State
structures, to contribute to the reconstruction of the country
and to set up a programme of demobilisation and reintegration
of former combatants.

Article 2

(1) OJ L 317, 15.12.2000, p. 3.
(2) OJ L 317, 15.12.2000, p. 355.

The amount of the additional allocation referred to in Article 1
shall constitute a ceiling.

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Official Journal of the European Union

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Article 3

Article 7

The additional allocation referred to in Article 1 shall be
financed by the debt service payments relating to risk capital
loans granted under the Yaoundé I (1) and II (2)
and special
Conventions and the first (3), second (4) and third (5) Lomé
Conventions which are to be made to the European Investment
Bank by the Democratic Republic of Congo.

Article 4

The Member States shall authorise the EIB to transfer the sums
received from the Democratic Republic of Congo directly to an
account opened in the name of the Commission, after deduc-
tion of any commission due to the Bank on such operations.
transferred into the
Any interest accruing on the amount
account will be capitalised. At the end of a period of four years
from the date on which the account is opened, the account will
be closed and the balance returned to the EIB, which will
refund it to the Member States.

This procedure is exceptional in nature and may not, in any
event, constitute a precedent for operations benefiting other
ACP States.

Article 5

A maximum amount of 5 % of the additional allocation, after
deduction of any commission due to the Bank on such opera-
tions, shall be intended to cover the administrative costs of
management of the additional allocation by the Commission.

The procedures for deciding on financing from the additional
allocation referred to in Article 1 shall be those set out in Arti-
cles 24 to 27 of the Internal Agreement.

Article 8

The Commission shall be authorised to approve the breakdown
of the additional allocation according to the types of operation
referred to in Article 1 after consulting the EDF Committee,
which shall give its opinion in accordance with Article 27 of
the Internal Agreement.

The Commission shall be authorised to approve a different
requesting the EDF
breakdown of
Committee's opinion in advance if the changes do not exceed
20 % of the total additional allocation.

the allocation without

Article 9

This Decision shall enter
publication.

into force on the day of

its

It shall apply for the same period as the Internal Agreement.

Article 10

This Decision is addressed to the Member States.

Article 6

Done at Brussels, 21 July 2003.

The Commission shall implement the financial resources allo-
cated to the Democratic Republic of Congo under the addi-
tional allocation under centralised management in accordance
with Article 14 of the Financial Regulation for the ninth EDF.

For the Council

The President

F. FRATTINI

(1) Convention of Yaoundé I between the European Community and its
Member States and the associated African and Malgache countries,
1963 (OJ 93, 11.6.1964, p. 1431/64).

(2) Convention of Yaoundé II between the European Community and
its Member States and the associated African and Malgache coun-
tries, 1969 (OJ L 282, 28.12.1970, p. 2).

(3) First Lomé Convention between the European Community and the
African, Caribbean and Pacific States (ACP), 1975 (OJ L 25,
30.1.1976, p. 2).

(4) Second Lomé Convention between the European Community and
the African, Caribbean and Pacific States (ACP) 1980, (OJ L 347,
22.12.1980, p. 1).

(5) Third Lomé Convention between the European Community and the
(OJ L 86,

African, Caribbean and Pacific States (ACP) 1985,
31.3.1986, p. 1).