Proposal for a Council Decision modifying the Internal Agreement of 17 July 2006 between the 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 revised ACP-EC Partnership Agreement and the allocation of the financial assistance for the Overseas Countries and Territories to which part Four of the EC Treaty applies
Date: 2007-04-20
Institutions: European Commission
Subjects: ACP countries, Cotonou Agreement, EU aid, EU financing, EU relations, European Development Fund, distribution of aid, interim agreement (EU), overseas countries and territories

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 20.4.2007 
COM(2007) 198 final 

Proposal for a 

COUNCIL DECISION 

modifying the Internal Agreement of 17 July 2006 between the 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 revised ACP-EC Partnership Agreement and the allocation of the 
financial assistance for the Overseas Countries and Territories to which part Four of the 
EC Treaty applies  

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The  Internal  Agreement  between  the  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  revised  ACP-EC 
Partnership  Agreement  and  the  allocation  of  the  financial  assistance  for  the  Overseas 
Countries and Territories to which part Four of the EC Treaty applies (hereinafter referred to 
as “Internal Agreement") was signed on 17 July 2006.  

The Republic of Bulgaria and Romania acceded on 1 January 2007 to the European Union.1 
According to Article 6 (11) of the 'Act concerning the conditions of accession of the Republic 
of Bulgaria and Romania and the adjustments to the treaties on which the European Union is 
founded'2,  the  Republic  of  Bulgaria  and  Romania  acceded  automatically  to  the  Internal 
Agreement from the date of accession.  

As regards the contribution of the Member States to the tenth European  Development  Fund 
(hereinafter  referred  to  as  'EDF'),  Article  1  (2)a)  of  the  Internal  Agreement  contains  merely 
the  estimated  contribution  and  contribution  key  for  Bulgaria  and  Romania.  It  is  stated  in 
Article 1 (7) of the Internal Agreement that the allocation of contributions shall be amended 
by a decision of the Council acting unanimously, should a new State accede to the EU. 

Regarding  the  weighting  of  votes  in  the  EDF  committee,  Article  8  (2)  of  the  Internal 
Agreement  contains  merely  the  estimated  votes  for  Bulgaria  and  Romania.  It  is  stated  in 
Article 8 (4) of the Internal Agreement that the weightings shall be amended by a decision of 
the Council acting unanimously, should a new State accede to the EU. 

On the aforementioned basis the estimated contributions and votes for Bulgaria and Romania 
shall be confirmed by the attached draft decision of the Council.  

The Commission therefore suggests that the Council adopts the attached decision. 

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2 

See  Treaty  between  the  Member  States  of  the  European  Union  and  the  Republic  of  Bulgaria  and 
Romania concerning the accession of the Republic of Bulgaria and Romania to the European Union, OJ 
L 157, 21.6.2005, p. 11 
OJ L 157, 21.6.2005, p. 203. 

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Proposal for a 

COUNCIL DECISION 

modifying the Internal Agreement of 17 July 2006 between the 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 revised ACP-EC Partnership Agreement and the allocation of the 
financial assistance for the Overseas Countries and Territories to which part Four of the 
EC Treaty applies  

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community,  

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  20003,  as  revised  and  signed  in 
Luxembourg, on 25 June 20054, (hereinafter referred to as “the revised ACP-EC Partnership 
Agreement”), 

Having regard to the Internal Agreement between the 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  revised 
ACP-EC Partnership Agreement and the allocation of the financial assistance for the Overseas 
Countries and Territories to which part Four of the EC Treaty applies (hereinafter referred to 
as “Internal Agreement")5, and in particular Articles 1 (7) and Article 8 (4) thereof, 

Having  regard  to  Article  6  (11)  of  the  'Act  concerning  the  conditions  of  accession  of  the 
Republic of Bulgaria and Romania and the adjustments to the treaties on which the European 
Union  is  founded'6,  according  to  which  the  Republic  of  Bulgaria  and  Romania  acceded 
automatically to the Internal Agreement from the date of accession,  

Having  regard  to  the  accession  of  the  Republic  of  Bulgaria  and  Romania  to  the  European 
Union as of 1 January 20077. 

Having regard to the proposal submitted by the Commission, 

Whereas: 

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7 

OJ L 317, 15.12.2000, p. 3. 
OJ L 209, 11.08.2005, p. 26. 
OJ L 247,9.9.2006, p. 32. 
OJ L 157, 21.6.2005, p. 203. 
See  Treaty  between  the  Member  States  of  the  European  Union  and  the  Republic  of  Bulgaria  and 
Romania concerning the accession of the Republic of Bulgaria and Romania to the European Union, OJ 
L 157, 21.6.2005, p. 11 

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(1) 

(2) 

In  accordance  with  Article  1  (7)  of  the  Internal  Agreement,  the  allocation  of 
contributions  referred  to  in  its  paragraph  2a),  which  are  currently  only  estimated 
amounts  for  Bulgaria  and  Romania,  shall  be  amended  by  Council  decision  should  a 
new State accede to the EU. 

In accordance with Article 8 (4) of the Internal Agreement, the weightings laid down 
in its paragraph 2, which are currently only estimated votes for Bulgaria and Romania, 
shall be amended by Council decision should a new State accede to the EU. 

HAS DECIDED AS FOLLOWS:  

Article 1 

The  contribution  key  and  the  contribution  of  Bulgaria  and  Romania  to  the  tenth  European 
Development Fund as laid down in Article 1 (2)a) of the Internal Agreement as well as their 
votes  in  the  European  Development  Fund  Committee  as  laid  down  in  Article  8  (2)  of  the 
Internal Agreement are hereby confirmed.  

Based on Article 1, the following modifications are necessary: 

Article 2 

(1) 

In  Article  1  (2)a)  of  the  Internal  Agreement  the  "asterix"  as  well  as  the  notion  "(*) 
estimated amount" shall be deleted. 

(2) 

In Article 8 (2) of the Internal Agreement the following shall be deleted: 

–  the "asterix"; 

–  the notion "(*) estimated vote"; 

–  the row "Total EU-25", "999"; 

–  the brackets in the row 'Total EU-27".  

(3) 

Article 8(3) of the Internal Agreement shall be updated as follows: 

"The EDF Committee shall act by a qualified majority of 724 votes out of 1004, expressing a 
vote  in  favour  by  at  least  14  Member  States.  The  blocking  minority  shall  consist  of  281 
votes."  

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Article 3 

This decision shall enter into force on the day following that of its adoption.  

Done at Brussels, 

For the Council 
The President 

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