Proposal for a Council Decision on the position to be taken by the Community within the ACP-EC Council of Ministers regarding a decision amending ACP-EC Council of Ministers Decision No 3/2001 on the allocation of resources to Somalia from the 8th and 9th European Development Fund
Date: 2007-02-15
Institutions: European Commission
Subjects: European Development Fund, Somalia, financial cooperation, technical cooperation

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 15.2.2007 
COM(2007) 57 final 

Proposal for a 

COUNCIL DECISION 

on the position to be taken by the Community within the ACP-EC Council of Ministers 
regarding a decision amending ACP-EC Council of Ministers Decision No 3/2001 on the 
allocation of resources to Somalia from the 8th and 9th European Development Fund 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

Special provision has been made for countries like Somalia in Article 93(6) of the ACP-EC 
Partnership  Agreement.  The  Article  allows  the  ACP-EC  Council  of  Ministers  to  take  a 
decision  in  order  to  accord  special  assistance  to  Somalia,  which  may  concern  institution 
building as well as economic and social development activities, taking particular account of 
the needs of the most vulnerable sections of the population. This provision was put into effect 
by Decision No 3/2001 of 20 December 20011 of the ACP-EC Council of Ministers, which 
allocated an amount of €149 million out of the 9th EDF in favour of Somalia for financial and 
technical cooperation. 

Article 3(5) of Annex IV to the ACP-EC Partnership Agreement allows the Community the 
possibility  of  increasing  a  country's  allocation  in  order  to  take  account  of  special  needs  or 
exceptional performance. Article 5(2) of Annex IV provides for the possibility of carrying out 
a review in exceptional circumstances that are referred to in the provisions on humanitarian 
and emergency assistance. 

In 2006, an ad hoc review was undertaken for Somalia. The ad hoc review concluded that, in 
the  light  of  an  analysis  of  needs  and  performance  and  taking  into  account  the  special 
considerations for Somalia, the funds available under the Strategy for the Implementation of 
Special  Aid  to  Somalia  (SISAS)  2002-2007  need  to  be  increased,  within  the  limits  of 
available resources and subject to a decision of the ACP-EC Council of Ministers.  

The  attached  draft  ACP-EC  Council  of  Ministers  decision  amending  ACP-EC  Council  of 
Ministers  Decision  No  3/2001  of  20  December  2001  grants  an  additional  allocation  of 
€36 144 798 from the 9th EDF for transitional funding until the entry into force of the 10th 
EDF.  

The  Commission  accordingly  proposes  that  the  Council  adopt  the  decision  contained  in  the 
annex. 

1 

OJ L 56, 27.2.2002, p. 23. 

EN 

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   EN 

 
                                                 
Proposal for a 

COUNCIL DECISION 

on the position to be taken by the Community within the ACP-EC Council of Ministers 
regarding a decision amending ACP-EC Council of Ministers Decision No 3/2001 on the 
allocation of resources to Somalia from the 8th and 9th European Development Fund 

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  ACP-EC  Partnership  Agreement  signed  in  Cotonou  on  23  June  20002 
and the revised Agreement signed in Luxembourg on 25 June 20053,  

Having  regard  to  the  Internal  Agreement  of  18  September  2000  on  the  financing  and 
administration  of  Community  aid  under  the  Financial  Protocol  to  the  ACP-EC  Partnership 
Agreement4, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

(3) 

By  Decision  No  3/2001  of  20  December  2001  the  ACP-EC  Council  of  Ministers 
allocated an amount of €149 million under the 9th EDF in favour of Somalia. 

Article  3(5)  of  Annex  IV  to  the  ACP-EC  Partnership  Agreement  allows  the 
Community the possibility of increasing a country's allocation in order to take account 
of special needs or exceptional performance. 

Article  5(2)  of  Annex  IV  to  the  ACP-EC  Partnership  Agreement  provides  for  the 
possibility of carrying out a review in exceptional circumstances that are referred to in 
the  provisions  on  humanitarian  and  emergency  assistance.  In  the  light  of  the 
conclusions  of  the  ad  hoc  review  of  the  cooperation  programme  with  Somalia, 
additional funds are required under the 9th EDF in order to ensure continuation of the 
support to the population of Somalia until the entry into force of the 10th EDF. 

(4) 

The position of the Community within the ACP-EC Council of Ministers should be set 
out  with  a  view  to  the  latter  adopting  a  decision  on  the  allocation  of  additional 
resources from the 9th EDF. 

2 
3 
4 

OJ L 317, 15.12.2000, p. 3. 
OJ L 287, 28.10.2005, p. 4. 
OJ L 317, 15.12.2000, p. 354. 

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   EN 

 
                                                 
HAS DECIDED AS FOLLOWS:  

Article 1 

The  position  taken  by  the  Community  within  the  ACP-EC  Council  of  Ministers  on  the 
allocation of resources to Somalia from the 9th EDF shall be based on the draft decision of 
the ACP-EC Council of Ministers attached as an annex. 

Article 2 

Minor changes to the draft decision may be agreed without any need for a further decision by 
the Council. 

Done at Brussels,  

For the Council 
The President 

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ANNEX 

Draft 

DECISION OF THE ACP-EC COUNCIL OF MINISTERS 

amending Decision No 3/2001 of the ACP-EC Council of Ministers of 20 December 2001 
on the allocation of resources to Somalia from the 8th and 9th European Development 
Fund 

THE ACP-EC COUNCIL OF MINISTERS, 

Having  regard  to  the  ACP-EC  Partnership  Agreement  signed  in  Cotonou  on  23  June  20005 
and the revised Agreement signed in Luxembourg on 25 June 20056, and in particular Article 
93(6) thereof,  

Whereas: 

(1) 

(2) 

(3) 

(4) 

 Article 93(6)  of  the  ACP-EC  Partnership Agreement allows the ACP-EC Council of 
Ministers the possibility of according special support to ACP States party to previous 
ACP-EC  Conventions  which,  in  the  absence  of  normally  established  government 
institutions, have not been able to sign or ratify the ACP-EC Partnership Agreement. 
This  support  may  concern  institution  building  as  well  as  economic  and  social 
development activities, taking particular account of the needs of the most vulnerable 
sections of the population. This provision applies to Somalia. 

 By  Decision  No  3/2001  of  20  December  20017,  the  ACP-EC  Council  of  Ministers 
allocated  an  amount  of  €149  million  out  of  the  9th  EDF  in  favour  of  Somalia  for 
financial and technical cooperation. The function of National Authorising Officer for 
the  programming  and  implementation  of  this  allocation  was  entrusted  to  the  Chief 
Authorising Officer of the EDF.  

 Article  3(5)  of  Annex  IV  to  the  ACP-EC  Partnership  Agreement  allows  the 
Community the possibility of increasing a country's allocation in order to take account 
of special needs or exceptional performance.  

Article 5(2) of that Annex IV provides for the possibility of carrying out a review in 
exceptional  circumstances  that  are  referred  to  in  the  provisions  on  humanitarian  and 
emergency  assistance.  In  the  light  of  the  conclusions  of  the  ad  hoc  review  of  the 
cooperation programme with Somalia, additional funds are required under the 9th EDF 
in  order  to  ensure  continuation  of  the  support  to  the  population  of  Somalia  until  the 
entry into force of the 10th EDF, 

5 
6 
7 

OJ L 317, 15.12.2000, p. 3. 
OJ L 287, 28.10.2005, p. 4. 
OJ L 56, 27.2.2002, p. 23. 

EN 

5 

   EN 

 
                                                 
HAS DECIDED AS FOLLOWS:  

(1) In ACP-EC Council Decision No 3/2001 the following Article 3 bis is inserted:  

Sole Article 

"Article 3 bis 

On  the  basis  of  the  conclusions  of  an  ad  hoc  review,  an  additional  amount  of  €36 144 798 
from  the  9th  EDF  shall  be  allocated  in  favour  of  Somalia  for  financial  and  technical 
cooperation,  from  the  long  term  development  envelope  referred  to  in  Article  3(a)  of  the 
Financial Protocol referred to in Annex I to the ACP-EC Partnership Agreement."  

(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 

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