2005/446/EC: Decision of the Representatives of the Governments of the Member States meeting within the Council of 30 May 2005 setting the deadline for the commitment of the funds of the 9th European Development Fund (EDF)
Date: 2005-05-30
Institutions: Representatives of the Governments of the Member States
Subjects: European Development Fund, European Investment Bank, commitment of expenditure, interest

18.6.2005

EN

Official Journal of the European Union

L 156/19

II

(Acts whose publication is not obligatory)

CONFERENCE OF THE REPRESENTATIVES
OF THE GOVERNMENTS OF THE MEMBER STATES

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
MEETING WITHIN THE COUNCIL

setting the deadline for the commitment of the funds of the 9th European Development Fund (EDF)

of 30 May 2005

(2005/446/EC)

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

Having regard to the Treaty
Community,

establishing the European

Having regard to the proposal from the Commission,

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’,

the Governments of

Having regard to the Internal Agreement between Represen-
tatives 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 (2), hereinafter
the
referred to as
‘Internal Agreement’, and in particular Article 2(4) thereof,

Whereas:

(1)

Point 5 of Annex I (Financial Protocol) of the Partnership
Agreement provides that
the
Financial Protocol, supplemented by the balances trans-
ferred from previous EDFs, covers the period 2000 to
2007.

the overall amount of

(1) OJ L 317, 15.12.2000, p. 3. Agreement as last amended by Decision
(OJ L 297,

the ACP-EC Council of Ministers

No 2/2004 of
22.9.2004, p. 18).

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

(2)

(3)

(4)

Point 7 of the said Annex and Article 2(3) of the Internal
Agreement provide for an assessment of the degree to
which the funds have been committed and disbursed as a
basis for evaluating the need for new resources after the
expiry of the existing Financial Protocol.

The EU Declaration on the Financial Protocol, attached as
Declaration XVIII to the Partnership Agreement, specifies
that,
full
in evaluating the need for new resources,
account should also be taken of the date beyond which
the funds of the 9th EDF will no longer be committed.

It is therefore necessary, according to Article 2(4) of the
Internal Agreement, to set, before the expiry of the 9th
the date, which could be reviewed if need be,
EDF,
beyond which the funds of the 9th EDF may no longer
be committed,

HAVE DECIDED AS FOLLOWS:

Article 1

the

The date beyond which the funds of the 9th EDF managed by
the Commission,
subsidies managed by the
European Investment Bank (EIB) and the revenue accruing
appropriations will not be
from the
committed, shall be set at 31 December 2007. This date
could be reviewed if need be.

interest on these

interest

Article 2

The amount allocated to finance the Investment Facility as a
revolving fund, and managed by the EIB, shall not be affected
by this Decision.

L 156/20

EN

Official Journal of the European Union

18.6.2005

This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

Article 3

Done at Brussels, 30 May 2005.

On behalf of the Governments of the Member States
The President

F. BODEN