Proposal for a Council Decision on the position to be adopted by the Community within the ACP-EC Council of Ministers on the amendment of Decision No 1/2003 of the ACP-EC Council of Ministers of 16 May 2003 regarding the accession of the Democratic Republic of Timor-Leste to the ACP-EC Partnership Agreement
Date: 2004-09-27
Institutions: European Commission
Subjects: East Timor, European Development Fund, accession to an agreement, aid policy, association agreement (EU), development aid

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 27.9.2004 
COM(2004) 609 final 

Proposal for a 

COUNCIL DECISION 

on the position to be adopted by the Community  
within the ACP-EC Council of Ministers on the  
amendment of Decision No 1/2003 of the ACP-EC Council of Ministers of 16 May 2003  
regarding the accession of the Democratic Republic of Timor-Leste  
to the ACP-EC Partnership Agreement 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
  
EXPLANATORY MEMORANDUM 

On 16 May 20031, by Decision No 1/2003 of the ACP-EC Council of Ministers, Timor-Leste 
was  accepted  as  a  signatory  to  the  ACP-EC  Partnership  Agreement,  hereinafter  called  the 
Cotonou  Agreement.  The  Decision  of  the  ACP-EC  Council  of  Ministers  approving  its 
accession stipulated that Timor-Leste would not have immediate access to the resources of the 
9th  European  Development  Fund  (EDF),  but  would  only  benefit,  as  a  temporary  special 
arrangement, from funds earmarked for regional cooperation.  

The  Council  Decision  did  not  take  account  of  the  fact  that  after  ratification  of  the  Cotonou 
Agreement,  Timor-Leste  will  no  longer  qualify  for  the  development  assistance  which  has 
been provided until now under EU Council Regulation No 443/92 (the ALA Regulation)2. So 
far Timor-Leste has not ratified the Cotonou Agreement. 

In  order  to  enable  Timor-Leste  to  ratify  it  and  become  a  full  Party  to  the  Agreement,  the 
Council  of  Ministers,  by  Decision  XXX  of  XXX,  adjusted  the  overall  amount  of  the 
Community’s financial assistance to the ACP States under the 9th EDF to allow Timor-Leste 
to benefit from EDF funds for the rest of the period covered by the 9th EDF. 

Therefore, with the full participation of Timor-Leste in the Agreement, Article 2 of Decision 
No 1/2003 of the ACP-EC Council of Ministers of 16 May 2003 should be amended to state 
that Timor-Leste will benefit from the 9th EDF funds for the rest of the period covered by the 
9th EDF. 

1 

2 

EN 

Decision  No  1/2003  of  the  ACP-EC  Council  of  Ministers  of  16  May  2003  regarding  the  accession  of  the 
Democratic Republic of Timor-Leste to the ACP-EC Partnership Agreement (O.J. L 141, 7.6.2003, p.25) 
Article 1 of the ALA Regulation: “The Community shall continue and broaden Community cooperation with the 
Asian and Latin American developing countries, hereinafter referred to as ‘the ALA developing countries’, which 
are  not  signatories  to  the  Lomé  Convention  (or  mutatis  mutandis  of  the  Cotonou  Agreement)  and  do  not  benefit 
from the Community’s cooperation policy with Mediterranean third countries….”. 

2 

   EN 

 
                                                 
Proposal for a 

COUNCIL DECISION 

on the position to be adopted by the Community  
within the ACP-EC Council of Ministers on the  
amendment of Decision No 1/2003 of the ACP-EC Council of Ministers of 16 May 2003  
regarding the accession of the Democratic Republic of Timor-Leste  
to the ACP-EC Partnership Agreement 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission3, 

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

Having regard to the 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 ACP-EC Partnership Agreement, 

Whereas: 

(1) 

(2) 

(3) 

By Decision No 1/2003 of the ACP-EC Council of Ministers of 16 May 2003, Timor-
Leste  was  accepted  as  a  signatory  to  the  ACP-EC  Partnership  Agreement.  This 
Decision  stipulated  that  Timor-Leste  would  not  have  immediate  access  to  the 
resources of the 9th European Development Fund (EDF) but would only benefit, as a 
temporary special arrangement, from funds earmarked for regional cooperation for the 
period 2000-2005. 

The Decision of the ACP-EC Council of Ministers did not take into account the fact 
that after ratification of the Cotonou Agreement Timor-Leste will no longer qualify for 
the  development  assistance  which  has  been  provided  until  now  under  EU  Council 
Regulation No 443/92 (the ALA Regulation). 

Article 62(2) of the Cotonou Agreement states that Parties shall adjust the amounts of 
resources provided for in the Financial Protocol set out in Annex I after the accession 
to the Agreement of new ACP States which did not take part in its negotiation. Article 
1(5) of the Internal Agreement states that 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. 

3 

OJ C , , p. . 

EN 

3 

   EN 

 
                                                 
(4) 

In  order  to  enable  Timor-Leste  to  ratify  the  ACP-EC  Agreement  and  become  a  full 
Party to the Agreement, the EU Council of Ministers by Decision XXX of XXX, made 
funds available from the 9th EDF to meet the development needs of Timor-Leste for 
the rest of the period covered by the 9th EDF,  

HAS DECIDED AS FOLLOWS: 

Article 1 

The Community shall take the following position within the ACP-EC Council of Ministers on 
the amendment of Decision No 1/2003 of the ACP-EC Council of Ministers of 16 May 2003 
regarding  the  accession  of  the  Democratic  Republic  of  Timor-Leste  to  the  ACP-EC 
Partnership  Agreement,  based  on  the  attached  draft  decision  of  the  ACP-EC  Council  of 
Ministers. 

Done at Brussels,  

For the Council 
The President 

EN 

4 

   EN 

 
 
 
 
ANNEX 

Draft 

DECISION OF THE ACP-EC Council of Ministers 

amending Decision No 1/2003 of the ACP-EC Council of Ministers of 16 May 2003 
 regarding the accession of the Democratic Republic of Timor-Leste 
to the ACP-EC Partnership Agreement 

THE ACP-EC COUNCIL OF MINISTERS 

Having  regard  to  the  ACP-EC  Partnership  Agreement  signed  in  Cotonou  on  23  June  2000, 
and in particular Article 62(2)(a) thereof, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

By Decision No 1/2003 of the ACP-EC Council of Ministers of 16 May 2003, Timor-
Leste  was  accepted  as  a  signatory  to  the  ACP-EC  Partnership  Agreement.  This 
Decision  stipulated  that  Timor-Leste  would  not  have  immediate  access  to  the 
resources of the 9th European Development Fund (EDF) but would only benefit, as a 
temporary special arrangement, from funds earmarked for regional cooperation for the 
period 2000-2005. 

The Decision of the ACP-EC Council of Ministers did not take into account the fact 
that after ratification of the Cotonou Agreement Timor-Leste will no longer qualify for 
the  development  assistance  which  has  been  provided  until  now  under  EU  Council 
Regulation No 443/92 (the ALA Regulation). 

Article 62(2) of the Cotonou Agreement states that Parties shall adjust the amounts of 
resources provided for in the Financial Protocol set out in Annex I after the accession 
to the Agreement of new ACP States which did not take part in its negotiation.  

In  order  to  enable  Timor-Leste  to  ratify  the  ACP-EC  Agreement  and  become  a  full 
Party to the Agreement, the EU Council of Ministers by Decision XXX of XXX, has 
made funds available from the 9th EDF to meet the development needs of Timor-Leste 
for the rest of the period covered by the 9th EDF,  

HAS DECIDED AS FOLLOWS: 

Article 1 

Article  2  of  Decision  No  1/2003  of  the  ACP-EC  Council  of  Ministers  is  replaced  by  the 
following: 

“Timor-Leste will fully benefit from the resources of the 9th EDF during the remaining period 
covered by the 9th EDF”. 

EN 

5 

   EN 

 
Article 2 

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

Done at Brussels,  

For the ACP-EC Council of Ministers 
The President 

EN 

6 

   EN