2004/289/EC: Council Decision of 22 March 2004 concerning the partial release of the conditional amount of EUR 1 billion under the ninth European Development Fund for cooperation with African, Caribbean and Pacific countries in order to establish a water facility
Date: 2004-03-22
Institutions: Council of the European Union
Subjects: ACP countries, European Development Fund, cooperation policy, water supply

31.3.2004

EN

Official Journal of the European Union

L 94/57

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 22 March 2004

concerning the partial release of the conditional amount of EUR 1 billion under the ninth Euro-
pean Development Fund for cooperation with African, Caribbean and Pacific countries in order to
establish a water facility

(2004/289/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 310, in conjunction with the
second subparagraph of Article 300(2) thereof,

Having regard to Article 1 of the Internal Agreement between
the Representatives of the Governments of the Member States,
meeting within the Council, on measures to be taken and
procedures to be followed for the implementation of the ACP-
EC Partnership Agreement (1),

Having regard to the ACP-EC Partnership Agreement signed in
Cotonou on 23 June 2000,

Having regard to the Internal Agreement on the financing and
administration of Community aid under the Financial Protocol
to the ACP-EC Partnership Agreement, signed on 18 September
2000, and in particular Article 2(2) thereof (Internal Agree-
ment),

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

In accordance with paragraph 1 of the Financial Protocol
to the ACP-EC Partnership Agreement
(Financial
Protocol) the period covered by the Financial Protocol is
five years commencing 1 March 2000. Paragraph 5 of
the Financial Protocol, however, specifies that its overall
amount, supplemented by the transferred balances from
previous European Development Funds
(EDFs), will
cover the period from 2000 to 2007.

In accordance with Article 2(2) of the Internal Agree-
ment, as well as the EU Declaration on the Financial
Protocol, attached as Declaration XVIII to the ACP-EC
the total amount of
Partnership Agreement, out of

(1) OJ L 317, 15.12.2000, p. 376.

countries

EUR 13,5 billion of the ninth EDF for African, Carib-
bean and Pacific
(ACP countries), only
EUR 12,5 billion were released upon the entry into
force of the Financial Protocol on 1 April 2003. This
amount is broken down in three envelopes: EUR 9,259
billion for long-term development, EUR 1,204 billion
for regional cooperation and integration and EUR 2,037
billion for the investment facility.

In accordance with Article 2(2) of the Internal Agree-
ment an amount of EUR 1 billion may be released only
following a performance review undertaken by the
Council in 2004, on the basis of a proposal from the
Commission. Paragraph 7 of the Financial Protocol as
well as Declaration XVIII specify that this performance
review shall be an assessment of the degree of realisation
of commitments and disbursements.

The level of commitments and disbursements at the end
of the year 2003 in conjunction with forecasts for the
period 2004 to 2007 presented by the Commission indi-
cate that ninth EDF resources for ACP countries can be
fully committed, and a first tranche of the conditional
billion be released on the basis of the performance to
date.

On 19 May 2003 the Council recognised the need to
mobilise a significant level of resources for water and
sanitation and invited the Commission to draw up prac-
tical proposals for discussion within the EU and the
ACP-EC Council of Ministers.

It is important to consider financial needs to achieve the
millennium development goals on access to water and
sanitation, and the need for innovative instruments to
leverage additional resources for this purpose,

(3)

(4)

(5)

(6)

L 94/58

EN

Official Journal of the European Union

31.3.2004

HAS DECIDED AS FOLLOWS:

Article 3

Article 1

The Council agrees on the establishment of a water facility for
ACP countries.

Article 2

In the light of the outcome of the mid-term reviews of the
country strategies and of the Council's performance review of
the EDF by the end of 2004, the Council will decide by March
2005:

1. on the mobilisation of a second allocation of EUR 250

million;

The Council agrees to consider an amount of EUR 500 million
out of the conditional EUR 1 billion referred to in Article 2(2)
of the Internal Agreement, for this water facility.

2. on the use of the remaining EUR 500 million of the condi-
the
tional EUR 1 billion referred to in Article 2(2) of
Internal Agreement for purposes to be agreed.

A first allocation of EUR 250 million shall be released and be
distributed as follows:

1. EUR 185 million to the envelope for support for long-term
development, referred to in Article 2(1)(a) of the Internal
Agreement as well as paragraph 3(a) of
the Financial
Protocol, bringing this envelope to a total amount of
EUR 9,444 billion;

2. EUR 24 million to the envelope for regional cooperation
and integration, referred to in Article 2(1)(b) of the Internal
Agreement as well as paragraph 3(b) of
the Financial
Protocol, bringing this envelope to a total amount of
EUR 1,228 billion;

3. EUR 41 million to the Investment Facility, referred to in
Article 2(1)(c) of the Internal Agreement as well as para-
graph 3(c) of the Financial Protocol, bringing this envelope
to a total amount of EUR 2,078 billion.

Article 4

This Decision shall be communicated to the ACP Council of
Ministers.

Article 5

This Decision shall enter into force on the day of its adoption.

Done at Brussels, 22 March 2004.

For the Council

The President

B. COWEN