Proposal for an internal agreement between Representatives of the Governments of the Member States, meeting within the Council, on the financing of Community aid under the multi-annual financial framework for the period 2008-2013 in accordance with 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 revised in Luxemburg (Great Duchy of Luxemburg) on 25 June 2005 and on the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the EC Treaty applies
Date: 2006-03-17
Institutions: European Commission
Subjects: ACP countries, European Development Fund, agreement (EU), aid in kind, cooperation agreement, financing of aid, overseas countries and territories













EUR-Lex - 52006SC0371 - EN






Important legal notice




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52006SC0371

Proposal for an internal agreement between Representatives of the Governments of the Member States, meeting within the Council, on the financing of Community aid under the multi-annual financial framework for the period 2008-2013 in accordance with 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 revised in Luxemburg (Great Duchy of Luxemburg) on 25 June 2005 and on the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the EC Treaty applies  /* SEC/2006/0371 final */  








[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |Brussels, 17.3.2006SEC(2006) 371 finalProposal for anINTERNAL AGREEMENTbetween Representatives of the Governments of the Member States, meeting within the Council, on the financing of Community aid under the multi-annual financial framework for the period 2008-2013 in accordance with 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 revised in Luxemburg (Great Duchy of Luxemburg) on 25 June 2005 and on the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the EC Treaty applies(presented by the Commission)EXPLANATORY MEMORANDUMFor geographical cooperation with the African, Caribbean and Pacific States (ACP) under the post-9th EDF multi-annual financial framework for cooperation in accordance with the ACP-EC partnership agreement, the European Council of 16 December 2005 decided on the period covered (2008-2013), the amount allocated (€22 682 million in current prices, excluding support expenditure), the funding mechanism (inter-governmental European Development Fund — EDF) and the contribution key (roughly halfway between the 9th EDF key and the estimated budgetary contribution). On this basis, a multi-annual financial framework for the period 2008-2013 and a complementary internal agreement have been prepared. A provisional simulation of voting weights in the 10th EDF Committee is included, based on the contribution key adopted at the European Council of December 2005. For support expenditures, additional funding is requested, representing 4% of the credits managed by the Commission. This is a significant increase compared to the 9th EDF and reflects the Commission’s will to take more fully into account the real support expenditures to be attributed to the implementation of the EDF, including additional costs linked to the devolution of aid implementation to the Delegations and enhanced monitoring.The internal agreement has to be ratified by all Member States before entering into force. Past experience has shown that this ratification process may take 2 years or even more from the date of signature of the agreement. When signing the revision of the ACP-EC partnership agreement on 25 June 2005, the ACP and the EC therefore made a joint declaration that “each of the parties will endeavour to implement the procedure for ratifying the revised Cotonou Agreement within 18 months of the signing of the revised Agreement, with due regard for national and Community responsibilities and procedures”. As the 9th EDF is expected to be fully committed by the end of 2007, it is extremely important that the 10th EDF can effectively start on the first day of 2008, so the ratification process should start as soon as possible, i.e. immediately after adoption by the ACP-EC Council of Ministers of the related multi-annual financial framework for the period 2008-2013, which is planned for early June 2006.Under the 9th EDF, the internal agreement not only covers the financing of Community aid under the financial protocol but also its administration and implementation, including comitology procedures. The internal agreement provides that those articles that have no impact on the financing and the contribution key can be amended by the Council acting unanimously.In line with the Community’s commitment to harmonisation, the implementation of the 10th EDF should adhere to the arrangements to be agreed following the discussions on the “Development cooperation and economic cooperation instrument” for the financial perspective 2007-2013. As these discussions may take some time, the proposed 10th EDF internal agreement only covers those aspects that require ratification. These basically comprise the financial aspects and the confirmation that an appropriate management committee will be set up — the specific programming and decision-making tasks of this committee will be set out in a separate Council Regulation. This will facilitate the early adoption of a slimmed-down internal agreement. The financial regulation for the 10th EDF will be prepared later, after the simplification exercise for the general budget regulations has been completed, again in order to streamline the procedure as much as possible.The 10th EDF internal agreement confirms the principle of a sunset clause, which means that funds from previous EDFs can no longer be committed after the entry into force of the 10th EDF nor can decommitments made after this date from those previous EDFs be recommitted. This is compatible with possible budgetisation later. The new internal agreement also opens the way for subsequent increases in Member State contributions in the light of their recent commitments to significantly increase their official development assistance over the period covered by the multi-annual financial framework 2008-2013 and to channel at least 50% of those increases to Africa, and builds in enough flexibility to allow for further accommodation following the 2008-2009 budget review.As the European Council of 16 December 2005 decided to fall back on the existing inter-governmental EDF, additional funding also has to be provided under the 10th EDF for the Overseas Countries and Territories (OCTs) on top of the amount earmarked for geographic cooperation with the ACP. The initial Commission proposal [COM(2004)838] suggested that the amount earmarked for the OCT should be proportional to the share of the OCTs in the 9th EDF. The OCTs representing 1,30% of the operational credits for the ACP under the 9th EDF, the amount requested for the financing of Community aid to the OCTs for the period 2008-2013 is equal to €294 million.In line with the Council conclusions of 16 December 2005, it is anticipated that Bulgaria and Rumania will have joined the EU by 1 January 2008 and will contribute to the 10th EDF. If required, provision will be made for Bulgaria and Romania in the future decision on the provisional application of the internal agreement.Proposal for anINTERNAL AGREEMENTbetween Representatives of the Governments of the Member States, meeting within the Council, on the financing of Community aid under the multi-annual financial framework for the period 2008-2013 in accordance with 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 revised in Luxemburg (Great Duchy of Luxemburg) on 25 June 2005 and on the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the EC Treaty appliesTHE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITY, MEETING WITHIN THE COUNCIL,Having regard to the Treaty establishing the European Community,Whereas:(1) The Partnership Agreement between the African, Caribbean and Pacific States (hereinafter called ‘the ACP’) and the European Community and its Member States signed in Cotonou, Benin, on 23 June 2000 and revised in Luxembourg, GD Luxembourg, on 25 June 2005 (hereinafter referred to as ‘the ACP-EC Agreement’), states in its Annex Ia, third paragraph, that “any required amendments to the multiannual financial framework or relative parts of the Agreement shall be decided by the Council of Ministers by derogation from Article 95 of this Agreement”[1].(2) The ACP-EC Council of Ministers, meeting in Port Moresby (Papua New Guinea) on 1 and 2 June 2006, adopted Annex Ib to the ACP-EC Agreement and agreed therein to set the aggregate amount of Community aid to the ACP States under the multi-annual financial framework for the period 2008-2013, within the framework of the ACP-EC Agreement, at EUR 22 682 million from the 10th European Development Fund (hereinafter called the ‘10th EDF’) contributed by Member States.(3) Council Decision 2001/822/EC of 27 November 2001 on the association of the overseas countries and territories (hereinafter called the ‘OCT”) with the European Community (hereinafter called the ‘Association Decision’) is applicable until 31 December 2011. A new decision on the basis of Article 187 of the Treaty will be adopted before that date. Before 31 December 2007, the Council, acting unanimously on a proposal from the Commission, will set at EUR 294 million the amount from the 10th EDF for financial assistance to the OCT over the period 2008-2013 to which part four of the Treaty applies.(4) Council Decision 2005/446/EC of 30 May 2005 sets the date beyond which the funds of the 9th EDF managed by the Commission, the interest subsidies managed by the European Investment Bank (hereinafter referred to as ‘the Bank’) and the revenue accruing from the interest on these amounts may no longer be committed from 31 December 2007. This date may be reviewed if necessary.(5) In order to implement the ACP-EC Agreement and the Association Decision, a 10th EDF should be established and a procedure laid down for the allocation of funds and for contributions from Member States to those funds.(6) The representatives of the governments of the Member States, meeting within the Council, have agreed to set aside an additional amount of EUR 859 million from the 10th EDF for support expenditure incurred by the Commission in the programming and implementation of the EDF.(7) The rules for the administration of financial cooperation should be determined.(8) On 12 September 2000, the Council adopted an Internal Agreement between 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 Agreement and the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the EC Treaty applies[2].(9) A Committee of Representatives of the Governments of Member States should be set up at the Commission (hereinafter referred to as the ‘EDF Committee’) and a similar Committee should be set up at the Bank. The work of the Commission and the Bank to apply the ACP-EC Agreement and the corresponding provisions of the Association Decision should be harmonised,After consulting the Commission and the Bank,HAVE AGREED AS FOLLOWS:CHAPTER 1FINANCIAL RESOURCESArticle 1Resources of the 10th EDF1. The Member States hereby set up a Tenth European Development Fund, hereinafter referred to as "the 10th EDF".2. The 10th EDF shall consist of:(a) An amount of up to EUR 23 835 million contributed by the Member States as follows:Member State | Contribution in million EUR |Belgium | 841,3755 |Bulgaria | 33,369 |Czech Republic | 121,5585 |Denmark | 476,700 |Germany | 4 886,175 |Estonia | 11,9175 |Greece | 350,3745 |Spain | 1 871,0475 |France | 4 659,7425 |Ireland | 216,8985 |Italy | 3 065,181 |Cyprus | 21,4515 |Latvia | 16,6845 |Lithuania | 28,602 |Luxembourg | 64,3545 |Hungary | 131,0925 |Malta | 7,1505 |Netherlands | 1 155,9975 |Austria | 574,4235 |Poland | 309,855 |Portugal | 274,1025 |Romania | 88,1895 |Slovenia | 42,903 |Slovakia | 50,0535 |Finland | 350,3745 |Sweden | 653,079 |United Kingdom | 3 532,347 |23 835,000 |The amount of EUR 23 835 million shall be available from the entry into force of the multiannual financial framework, of which(i) EUR 22 682 million shall be allocated to the ACP Group of States;(ii) EUR 294 million shall be allocated to the OCT;(ii) EUR 859 million shall be allocated to the Commission for support expenditure as referred to in Article 6, linked to programming and implementation of the EDF by the Commission.(b) The funds mentioned in Annex I to the ACP-EC Agreement and Annex II A of the Association Decision and allocated under the 9th EDF to finance the resources of the Investment Facility, which are not affected by Council Decision 2005/446/EC of 30 May 2005 setting the date beyond which the funds of the 9th EDF may no longer be committed, and which shall be managed according to the implementation arrangements for the 10th EDF from the date of entry into force of the multi-annual financial framework for the period 2008-2013 under the ACP-EC Agreement and the date of entry into force of Council decisions regarding the financial assistance to the OCT for the period 2008-2013.3. After 31 December 2007, or after the date of entry into force of the multi-annual financial framework for the period 2008-2013 if this date falls later, balances in favour of the ACP from the 9th EDF or from previous EDFs and funds decommitted from projects under these EDFs shall no longer be committed, with the exception of the balances resulting from the system guaranteeing the stabilisation of export earnings from primary agricultural products (STABEX) under the EDFs prior to the 9th EDF and of those funds referred to in paragraph 2(b).4. The total amount of resources of the 10th EDF shall cover the period from 1 January 2008 to 31 December 2013. The funds of the 10th EDF shall no longer be committed beyond 31 December 2013 unless the Council decides otherwise by unanimity, on a proposal from the Commission.5. The revenue from interest generated on operations financed under commitments made under previous EDFs and on the funds referred to in paragraph 2 of this Article which are deposited with the paying agents in Europe referred to in Article 37(1) of Annex IV to the ACP-EC Agreement shall be credited to one or more bank accounts opened in the name of the Commission and shall be used in accordance with the terms of Article 6.6. Should a new State accede to the Community, the allocation of contributions referred to in paragraph 2 shall be amended by a decision of the Council acting unanimously, on the basis of a proposal from the Commission.7. Financial resources shall be adjusted by a decision of the Council acting unanimously, in accordance with Article 62(2) of the ACP-EC Agreement.8. In light of the commitment of the Member States to significantly increase official development aid during the period covered by the multi-annual financial framework 2008-2013, any Member State may make available to the Commission additional funds beyond those provided under paragraph 2 to contribute to trust funds or for the financing and co-financing of projects and programmes in the ACP managed by the Commission or the Bank under the ACP-EC Agreement. The implementing arrangements governing such funds, including the coverage of the additional support expenditure referred to in Article 6 and incurred by the Commission or the Bank, shall be laid down in the regulations referred to in Article 9. Where such additional funds are made available by the Member States deciding unanimously, in line with the contribution key in paragraph 2, they shall be managed according to the management procedures set out in Article 8.9. Before the expiry of the 10th EDF, the Member States shall, in accordance with paragraph 7 of Annex 1b of the ACP-EC Agreement, assess the degree of realisation of commitments and disbursements and the results and impact of the aid provided on the basis of a performance review undertaken by the Council on the basis of a proposal prepared by the Commission in 2010. The need for new resources to support financial cooperation beyond 2013 shall be established in the light of this assessment, among other things.10. The Member States may decide unanimously before the end of 2013 to budgetise all or part of the remaining uncommitted balances of the 10th EDF. In accordance with paragraph 3 of Annex 1a of the Agreement regarding the multi-annual financial framework, all the required modifications to the multi-annual financial framework and the related elements of the ACP-EC Agreement shall be decided by the ACP-EC Council of Ministers.Article 2Resources allocated for the ACP1. The amount of EUR 22 682 million referred to in Article 1(2)(a)(i) shall be allocated between the instruments of cooperation as follows:(a) EUR 18 940 million for assistance in support of long-term development, to be programmed at national and regional level. This envelope shall be used to(i) finance national indicative programmes in accordance with Articles 1 to 5 of Annex IV to the ACP-EC Agreement;(ii) finance regional indicative programmes in support of regional and interregional cooperation and integration in accordance with Articles 6 to 11, 13(1) and 14 of Annex IV to the ACP-EC Agreement.(b) EUR 2 242 million for assistance in support of intra-ACP and interregional cooperation in accordance with Articles 12, 13(2), and 14 of Annex IV to the ACP-EC Agreement. This envelope shall include assistance for part of the operating expenditures of the ACP Secretariat referred to in Protocol 1 attached to the ACP-EC Agreement, of the Joint Parliamentary Assembly constituted by Article 17 of the ACP-EC Agreement, and of the Centre for Development of Enterprise (CDE) and the Technical Centre for Agriculture and Rural Cooperation (CTA) in accordance with the provisions of Annex III to the ACP-EC Agreement;(c) Part of these resources of (a) and (b) may be used to respond to external shocks and for unforeseen needs, including, as appropriate, for complementary short-term humanitarian relief and emergency assistance at national or regional level in accordance with Articles 72 and 73 of the ACP-EC Agreement, in cases where such support cannot be financed from the EU budget, for support in cases of short-term fluctuations in export earnings in accordance with Article 68 of the ACP-EC Agreement, or for peace-building, conflict prevention and conflict resolution actions in accordance with Article 11 of the ACP-EC Agreement.(d) EUR 1 500 million in the form of an allocation to the Bank to finance the Investment Facility in accordance with the terms and conditions set out in Annex II ("Terms and conditions of financing") to the ACP-EC Agreement, comprising an additional contribution to the resources of the Investment Facility, managed as a revolving fund, and grants for the financing of the interest rate subsidies provided for in Articles 2 and 4 of Annex II to the ACP-EC Agreement over the period of the 10th EDF.2. Any additional funding referred to in Article 1(8), once it is made available, shall be managed by either the Commission or the Bank. The additional amount referred to in Article 1(8), last sentence, shall be allocated as appropriate to the envelopes referred to in paragraphs 1(a) and 1(b) on the basis of a decision by the the ACP-EC Council of Ministers in accordance with paragraph 3 of annex Ia of the ACP-EC Agreement.Article 3Resources allocated for the OCT1. The amount of EUR 294 million referred to in Article 1(2)(a)(ii) shall be allocated according to the Council Decision taken before 31 December 2007 amending the Association Decision pursuant to Article 187 of the Treaty.2. Where an OCT becomes independent and accedes to the ACP-EC Agreement, the amount indicated in paragraph 1 shall be reduced and those indicated in Article 2(a) correspondingly increased by a decision of the Council acting unanimously on a proposal from the Commission.Article 4Loans from the Bank’s own resources1. To the amount allocated to the investment facility under the 9th EDF referred to in Article 1(2)(b) and the amount referred to in Article 2(1)(d) shall be added an indicative amount of up to EUR 1 700 million in the form of loans granted by the Bank from its own resources. These resources shall be allocated for the purposes set out in Annex II to the ACP-EC Agreement, in accordance with the conditions specified in its statutes and the relevant provisions of the terms and conditions for investment financing as laid down in the aforementioned Annex II and the Association Decision.2. The Member States shall undertake to act as guarantor for the Bank, waiving any right to object and in proportion to their contributions to its capital, in respect of all financial commitments arising for borrowers under contracts concluded by the Bank for loans from its own resources pursuant to Article 1 of Annex II to the ACP-EC Agreement and the corresponding provisions of the Association Decision.3. The guarantee referred to in paragraph 2 shall be restricted to 75% of the total amount of credits opened by the Bank under all the loan contracts, but shall cover all risks.4. The undertakings under paragraph 2 shall be the subject of guarantee contracts between each Member State and the Bank.Article 5Operations managed by the Bank1. Payments made to the Bank in respect of special loans granted to the ACP States, the OCT and the French overseas departments, together with the proceeds and income from risk capital operations, under the EDFs prior to the 9th EDF shall be credited to the Member States in proportion to their contributions to the EDF to which the sums relate, unless the Council decides by unanimity, on a proposal from the Commission, to place them in reserve or allocate them to other purposes.2. Any commission due to the Bank for managing the loans and operations referred to in paragraph 1 shall be deducted in advance from the sums to be credited to the Member States.3. Proceeds and income received by the Bank from operations under the Investment Facility under the 9th and 10th EDF shall be used for further operations under the Facility, in accordance with Article 3 of Annex II to the Agreement and after deduction of exceptional expenses and liabilities arising in connection with the Facility.4. The Bank shall be remunerated on a full indemnity basis for the management of the Investment Facility operations referred to in paragraph 3 in accordance with Article 3(1a) of Annex II to the ACP-EC Agreement.Article 6Resources reserved for support expenditure linked to the EDF1. The resources for support measures as referred to in Article 1(2)(b)(iii) and Article 1(5) shall cover the costs linked to the programming and implementation of the EDF which are not necessarily covered by the strategy support papers and multi-annual indicative programmes referred to in the Council Regulation mentioned in Article 9(1).2. Estimated at 4% of the resources managed by the Commission under the ACP-EC Agreement and the Association Decision, these resources for support measures may cover expenditure associated with the preparation, follow-up, monitoring, accounting, audit and evaluation activities directly necessary for the programming and implementation of the resources of the EDF managed by the Commission and expenditure associated with the achievement of these objectives, e.g. development policy research activities, studies, meetings, information, awareness-raising, training and publication activities, expenditure associated with computer networks for the exchange of information, and any other administrative or technical assistance expenditure that the Commission may incur for the management of the EDF. They shall also cover expenditure both at Commission headquarters and in Delegations on the administrative support needed to manage operations financed under the ACP-EC Agreement and the Association Decision.CHAPTER IIIMPLEMENTATION AND FINAL PROVISIONSArticle 7Contributions to the 10th EDF1. Each year, the Commission, taking into account the Bank's forecasts concerning the management and operation of the Investment Facility, shall establish and communicate to the Council by 15 October a statement of the commitments, payments and the calls for contributions to be made in the current and the following budget year. These amounts shall be based on the capacity to deliver the proposed level of resources effectively. The Council shall decide on the annual amount of the calls for contributions for the following year, specifying the part for the Commission and for the Bank, by a qualified majority as laid down in Article 8.2. The Commission and the Council shall ensure that contributions correspond to expected payments. Should the contributions decided according to paragraph 1 deviate from the EDF's actual needs during the financial year in question, the Commission shall submit proposals to amend the contribution amounts to the Council, which shall take a decision by a qualified majority as laid down in Article 8.3. As regards the payment of funds committed under previous EDFs , the contributions of each Member State shall be calculated in proportion to the contribution of each Member State to the 9th EDF.4. The detailed rules for the payment of contributions by the Member States shall be determined by the Financial Regulation referred to in Article 9(2).A rticle 8The European Development Fund Committee1. A Committee (hereinafter called ‘the EDF Committee’) consisting of representatives of the governments of the Member States shall be set up at the Commission for those resources of the 10th EDF which the Commission administers. The EDF Committee shall be chaired by a Commission representative and its secretariat shall be provided by the Commission. A representative of the Bank shall take part in its work.2. Within the EDF Committee, the votes of the Member States shall be weighted as follows:Member State | Votes |Belgium | [35] |Bulgaria | [1] |Czech Republic | [5] |Denmark | [20] |Germany | [205] |Estonia | [1] |Greece | [15] |Spain | [79] |France | [196] |Ireland | [9] |Italy | [129] |Cyprus | [1] |Latvia | [1] |Lithuania | [1] |Luxembourg | [3] |Hungary | [6] |Malta | [1] |Netherlands | [49] |Austria | [24] |Poland | [13] |Portugal | [12] |Romania | [4] |Slovenia | [2] |Slovakia | [2] |Finland | [15] |Sweden | [27] |United Kingdom | [148] |Total | [1001] |3. The EDF Committee shall act by a qualified majority of [601] votes, expressing a vote in favour by at least [13] Member States.4. The weightings laid down in paragraph 2 and the qualified majority referred to in paragraph 3 shall be amended by a decision of the Council, acting unanimously, in the case referred to in Article 1(6).5. The EDF Committee shall adopt its rules of procedure.Article 9Implementing provisionsThe provisions for implementing this Agreement shall be the subject of(1) a Regulation on the programming and decision-making procedures, which shall be adopted before the entry into force of the ACP-EC Agreement by the Council, acting by a qualified majority as laid down in Article 8, on the basis of a proposal from the Commission and after an opinion has been delivered by the Bank on those provisions that concern it;(2) a Financial Regulation, which shall be adopted before the entry into force of the ACP-EC Agreement by the Council, acting by a qualified majority as laid down in Article 8, on the basis of a proposal from the Commission and after an opinion has been delivered by the Bank on those provisions concerning it and by the Court of Auditors established under Article 247 of the Treaty establishing the European Community (hereafter referred to as the "Court of Auditors").Article 10Financial implementation, accounting, audit and discharge1. The Commission shall undertake the financial implementation of the envelopes it manages in accordance with Article 2(1)(a) and (b), Article 2(2) and Article 6 and shall undertake the financial execution of projects and programmes in accordance with the Financial Regulation referred to in Article 9(2). For the recovery of sums unduly paid, decisions of the Commission shall be enforceable as laid down in Article 256 of the Treaty establishing the European Community.2. The Bank shall manage the Investment Facility and conduct operations thereunder on behalf of the Community, in accordance with the rules set out in the Financial Regulation referred to in Article 9(2). In so doing, the Bank shall act on behalf of and at the risk of the Community. Any rights resulting from such operations, in particular rights as creditor or owner, shall be vested in the Member States.3. The Bank shall undertake the financial implementation of operations carried out by means of loans from its own resources as referred to in Article 4, where applicable combined with interest rate subsidies drawn from the Fund's grant resources.4. For each financial year, the Commission shall draw up and approve the accounts of the EDF and send them to the European Parliament, the Council and the Court of Auditors.5. The Commission shall make the information referred to in Article 9 available to the Court of Auditors so that the latter may, on the basis of the documentary evidence, carry out checks on the aid provided from EDF resources.6. Each year, the Bank shall send the Commission and the Council its Annual Report on the implementation of operations financed from the EDF resources it manages.7. Subject to paragraph 9, the Court of Auditors shall exercise the powers conferred on it by Article 248 of the Treaty establishing the European Community in respect of the EDF's operations. The conditions under which the Court exercises its powers shall be laid down in the Financial Regulation referred to in Article 9(2).8. The discharge for the financial management of the EDF, excluding operations managed by the Bank, shall be given to the Commission by the European Parliament on the recommendation of the Council, which shall act by a qualified majority as laid down in Article 8.9. The operations financed from the EDF resources managed by the Bank shall be subject to the control and discharge procedure laid down by the Statute of the Bank for all its operations.Article 11Revision clauseThe Articles contained in Chapter II may be amended by the Council, acting unanimously and on a proposal from the Commission. The Bank shall be associated with the Commission’s proposal on matters relating to its activities and those of the Investment Facility.Article 12Ratification, entry into force and duration1. Each Member State shall approve this Agreement in accordance with its own constitutional requirements. The Government of each Member State shall notify the General Secretariat of the Council of the European Union when the procedures required for the entry into force of this Agreement have been completed.2. This Agreement shall enter into force on the first day of the second month following the notification of the approval of this Agreement by the last Member State.3. This Agreement is concluded for the same duration as the multi-annual financial framework of annex Ib to the ACP-EC Agreement. However, notwithstanding Article 1(4), this Agreement shall remain in force for as long as is necessary for all the operations financed under the ACP-EC Agreement and the Association Decision and the said multi-annual financial framework to be fully executed.Article 13Authentic languagesThis Agreement, drawn up in a single original in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each of these texts being equally authentic, shall be deposited in the archives of the General Secretariat of the Council of the European Union, which shall transmit a certified copy to each of the governments of the signatory States.Done at Brussels,Signatures [1] OJ L 287, 28.10.2005.[2] OJ L 317, 15.12.2000.