Proposal for a Council Decision on the position to be adopted by the Community within the ACP-EC Council of Ministers to allow additional bilateral contributions, to be managed by the Commission, in support of the objectives of the African Peace Facility
Date: 2007-04-26
Institutions: European Commission
Subjects: Africa, European Development Fund, development aid, establishment of peace

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 26.4.2007 
COM(2007) 224 final 

Proposal for a 

COUNCIL DECISION 

on the position to be adopted by the Community within the ACP-EC Council of 
Ministers to allow additional bilateral contributions, to be managed by the Commission, 
in support of the objectives of the African Peace Facility  

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The General Affairs and External Relations Council of 5 March 2007 acknowledged the need 
urgently  to  address  the  funding  needs  of  the  AMIS  African  Union  peacekeeping  mission  in 
Darfur/Sudan. The EU had already committed around EUR 400 million for AMIS through the 
African  Peace  Facility  (APF)  funded  from  the  9th  European  Development  Fund  (hereinafter 
called  "EDF")  and  bilateral  contributions  by  Member  States.  With  a  view  to  make  possible 
further  financial  support  for  AMIS  and  in  consideration  of  the  request  from  the  AU 
Commission,  pending  a  decision  by  the  ACP  group  of  states,  the  Council  expressed  its 
readiness to replenish the APF from resources of the 9th EDF.  

In  view  of  the  willingness  expressed  by  EU  Member  States  to  make  additional  bilateral 
contributions  in  the  context  of  a  joint  effort  by  the  EU  and  its  Member  States,  it  was  also 
suggested  that  such  additional  contributions  should  be  pooled  within  the  framework  of  a 
common  project  to  be  managed  by  the  Commission  to  reduce  the  transaction  costs  for  the 
African  partners  and  to  improve  coordination  and  monitoring  of  the  use  made  of  the  funds. 
For the 9th EDF this shall be done on the basis of paragraph 8 of Annex I 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 and revised in Luxembourg on 25 June 2005 (hereinafter called the 
“ACP-EC  Partnership  Agreement”),  which  reads:  "In  the  event  of  the  funds  provided  for  in 
any of the instruments of the Agreement being exhausted before the expiry of this Financial 
Protocol, the joint ACP-EC Council of  Ministers shall take the appropriate  measures". The 
conditions set in paragraph 8 are fullfilled. Firstly, the date beyond which the funds under the 
Financial Protocol covered by the 9th EDF can no longer be committed is set at 31 December 
2007.  Secondly,  the  estimated  resources  provided  for  in  the  intra-ACP  envelope  for 
replenishment of the African Peace Facility until the 10th EDF enters into force total EUR 100 
million, which is not enough to run AMIS until that date.  

The  proposed  Joint  Council  Decision  based  on  paragraph  8  of  Annex  I  to  the  ACP-EC 
Partnership Agreement opens the way for additional bilateral contributions from the Member 
States for a specific operation to be managed by the Commission on a transitional basis until 
the 10th EDF enters into force. 

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

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Proposal for a 

COUNCIL DECISION 

on the position to be adopted by the Community within the ACP-EC Council of 
Ministers to allow additional bilateral contributions, to be managed by the Commission, 
in support of the objectives of the African Peace Facility  

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
300(2), 2nd subparagraph, thereof, 

Having regard to the Partnership Agreement between the members of the African, Caribbean 
and Pacific Group of States (hereinafter called ‘the ACP’) of the one part, and the European 
Community and its Member States, of the other part, signed in Cotonou (Benin) on 23 June 
2000  and  revised  in  Luxembourg  on  25  June  2005  (hereinafter  called  ‘the  ACP-EC 
Agreement’)1.  

Whereas: 

(1) 

(2) 

(3) 

Decision No. 3/2003  of  the  ACP-EC  Council  of  Ministers  of 11 December 20032 
provided  the  necessary  financial  support  for  the  establishment  of  the  African  Peace 
Facility. 

The General Affairs and External Relations Council of 5 March 2007 acknowledged 
the  need  urgently  to  address  the  funding  needs  of  the  AMIS  African  Union 
peacekeeping mission in Darfur/Sudan.  

The estimated resources provided for in the intra-ACP envelope for replenishment of 
the  African  Peace  Facility  until  the  10th  European  Development  Fund  (hereinafter 
called ‘EDF’) enters into force are not enough to run AMIS until that date. Member 
States  have  therefore  expressed  their  willingness  to  make  additional  bilateral 
contributions.  Such  additional  contributions  should  be  pooled  in  the  African  Peace 
Facility and managed by the Commission to improve coordination and monitoring of 
the use made of the funds until the 10th EDF enters into force.  

(4) 

Council  Decision  2005/446/EC  of  30  May  2005  sets  31 December  2007  as  the  date 
beyond which the funds from the 9th EDF can no longer be committed3. 

1 
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3 

OJ L 287, 28.10.2005. 
OJ L 345, 31.12.2003, p. 108.  
OJ L 156, 18.6.2005. 

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HAS DECIDED AS FOLLOWS: 

Sole Article 

The  Community  proposes  to  adopt  within  the  ACP-EC  Council  of  Ministers  the  following 
position regarding additional bilateral funding from the Member States to be managed by the 
Commission on the basis of the draft Decision of the ACP-EC Council of Ministers in Annex.  

Minor changes to the draft decision may be agreed without 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  

to allow additional bilateral contributions, to be managed by the Commission, in 
support of the objectives of the African Peace Facility  

THE ACP-EC COUNCIL OF MINISTERS, 

Having regard to the Partnership Agreement between the members of the African, Caribbean 
and Pacific Group of States (hereinafter called the ‘ACP’) of the one part, and the European 
Community and its Member States, of the other part, signed in Cotonou (Benin) on 23 June 
2000  and  revised  in  Luxembourg  on  25  June  2005  (hereinafter  called  the  ‘ACP-EC 
Agreement’),4 and in particular paragraph 8 of Annex I thereto. 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

Decision No. 3/2003  of  the  ACP-EC  Council  of  Ministers  of 11 December 20035 
provided  the  necessary  financial  support  for  the  establishment  of  the  African  Peace 
Facility. 

The General Affairs and External Relations Council of 5 March 2007 acknowledged 
the  need  urgently  to  address  the  funding  needs  of  the  AMIS  African  Union 
peacekeeping mission in Darfur/Sudan.  

The estimated resources provided for in the intra-ACP envelope for replenishment of 
the  African  Peace  Facility  until  the  10th  European  Development  Fund  (hereinafter 
called  ‘EDF’)  enters  into  force  are  not  enough  to  run  AMIS  until  that  date.  EU 
Member States have therefore expressed their willingness to make additional bilateral 
contributions.  Such  additional  contributions  should  be  pooled  in  the  African  Peace 
Facility and managed by the Commission to improve coordination and monitoring of 
the use of the funds until the 10th EDF enters into force.  

Council  Decision  2005/446/EC  of  30  May  2005  sets  31 December  2007  as  the  date 
beyond which the funds from the 9th EDF can no longer be committed6 

Provision  therefore  needs  to  be  made  for  additional  contributions  by  EU  Member 
States, to be managed by the Commission, in support of the objectives of the African 
Peace Facility. 

4 
5 
6 

OJ L 209, 11.08.2005; OJ L 287, 28.10.2005. 
OJ L 345, 31.12.2003, p. 108. 
OJ L 156, 18.6.2005. 

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HAS DECIDED AS FOLLOWS: 

Article 1 
Voluntary contributions 

Until 30 September 2007 any EU Member State may provide the Commission with voluntary 
additional  contributions  to  support  the  objectives  of  the  African  Peace  Facility  under  the 
Financial Protocol.  

The Commission shall be entrusted with the responsibility for managing such contributions in 
the  framework  of  the  African  Peace  Facility  in  accordance  with  the  procedures  of  the  9th 
European  Development  Fund,  except  for  the  decommitments  which  will  be  refunded  to  the 
EU Member States pro rata of their voluntary additional contributions. 

Article 2 
Entry into force 

This Decision shall enter into force on the day on which it is adopted. 

Done at Brussels, 25 May 2007  

For the ACP-EC Council of Ministers 
The President 

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