Council Regulation (EC) No 617/2007 of 14 May 2007 on the implementation of the 10th European Development Fund under the ACP-EC Partnership Agreement
Date: 2007-05-14
Institutions: Council of the European Union
Subjects: Cotonou Agreement, EU aid, EU financing, European Development Fund, aid policy, cooperation policy

13.6.2007

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Official Journal of the European Union

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I

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

REGULATIONS

COUNCIL REGULATION (EC) No 617/2007

of 14 May 2007

on the implementation of the 10th European Development Fund under the ACP-EC Partnership
Agreement

THE COUNCIL OF THE EUROPEAN UNION,

inafter referred to as the IF Committee), and determines
the voting weight and qualified majority rule therein.

Having regard to the Treaty establishing the European Com-
munity,

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)
as revised in Luxembourg on 25 June 2005 (2)
(hereinafter
referred to as the ACP-EC Partnership Agreement),

the Governments of

Having regard to the Internal Agreement between the Represen-
tatives of
the Member States, meeting
within the Council, on the financing of Community aid under
the multiannual financial framework for the period 2008 to
2013 in accordance with the ACP-EC Partnership Agreement
and on the allocation of financial assistance for the Overseas
Countries and Territories to which Part Four of the EC Treaty
applies (3) (hereinafter referred to as the Internal Agreement),
and in particular Article 10(1) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Investment Bank,

Whereas:

(1)

(2)

Decision No 1/2006 of the ACP-EC Council of Minis-
ters (4) specifies the multiannual financial framework for
the period 2008 to 2013 and inserts a new Annex Ib in
the ACP-EC Partnership Agreement.

The Internal Agreement defines the various financial
the 10th European Development Fund
envelopes of
(hereinafter referred to as the EDF), the contribution key
and contributions to the 10th EDF, sets up the EDF
Committee and the Investment Facility Committee (here-

(1) OJ L 317, 15.12.2000, p. 3.
(2) OJ L 209, 11.8.2005, p. 27.
(3) OJ L 247, 9.9.2006, p. 32.
(4) OJ L 247, 9.9.2006, p. 22.

(3)

(4)

(5)

and Territories

Furthermore, the Internal Agreement sets the aggregate
amount of Community aid to the African, Caribbean and
Pacific Group of States (hereinafter referred to as ACP
States) (excluding the Republic of South Africa) and to
(hereinafter
the Overseas Countries
referred to as the OCTs) for the six-year period 2008 to
2013 at EUR 22 682 million from the 10th EDF contrib-
uted by Member States. From the amount of the 10th
EDF set by the Internal Agreement, EUR 21 966 million
should be allocated to the ACP States as specified in the
multiannual financial framework 2008 to 2013 referred
to in Annex Ib to the ACP-EC Partnership Agreement,
EUR 286 million should be allocated to the OCTs and
EUR 430 million should be allocated to the Commission
for support expenditures linked to programming and
implementation of the EDF by the Commission.

The 10th EDF allocation to the OCTs is governed by
Council Decision 2001/822/EC of 27 November 2001
on the association of the overseas countries and terri-
tories with the European Community (5) and by its imple-
menting Commission Regulation (EC) No 2304/2002 (6)
and any subsequent updates thereof.

Measures covered by, and eligible for funding under
Council Regulation (EC) No 1257/96 of 20 June 1996
concerning humanitarian aid (7), should only in excep-
tional circumstances be financed under the 10th EDF,
where such assistance is required to ensure continuity of
cooperation from crisis to stable conditions for develop-
ment and cannot be financed from the general budget of
the European Union.

(5) OJ L 314, 30.11.2001, p. 1. Decision as amended by Decision

2007/249/EC (OJ L 109, 26.4.2007, p. 33).

(6) OJ L 348, 21.12.2002, p. 82.
(7) OJ L 163, 2.7.1996, p. 1. Regulation as amended by Regulation (EC)
No 1882/2003 of the European Parliament and of the Council (OJ
L 284, 31.10.2003, p. 1).

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(6)

(7)

(8)

(9)

(10)

On 11 April 2006, the Council adopted the principle of
funding the African Peace Facility from the 10th EDF for
an amount of up to EUR 300 million covering the
period 2008 to 2010 and agreed on future modalities
and design for the facility.

The Sugar Protocol countries as referred to in Protocol 3
to ACP-EC Partnership Agreement affected by the Com-
munity sugar reform should be able to benefit
from
accompanying measures funded through Regulation (EC)
No 1905/2006 of the European Parliament and of the
Council of 18 December 2006 establishing a financing
for development cooperation (1). The ACP
instrument
countries will also access Community assistance from
thematic programmes provided by the instrument for
cooperation and by Regulation (EC)
development
No 1889/2006 of the European Parliament and of the
Council of 20 December 2006 establishing a financing
instrument for the promotion of democracy and human
rights worldwide (2). Those thematic programmes should
add value to, be consistent with and subsidiary and addi-
tional to the geographic programmes funded under the
EDF.

The ACP-EC Partnership Agreement stresses the impor-
tance of regional cooperation among the ACP States, the
OCTs and the Community's outermost regions.

The Decision 2005/446/EC (3) of the Representatives of
the Governments of the Member States meeting within
the Council sets as 31 December 2007 the date beyond
which the funds of
the 9th EDF managed by the
Commission, the interest subsidies managed by the Euro-
pean Investment Bank (hereinafter referred to as the EIB)
and the revenue accruing from the interest on these
appropriations are no longer to be committed. This date
could be reviewed if necessary.

the EDF,

to implement

the procedure for
In order
programming, examining and approving aid should be
decided and the detailed rules for supervising the use of
aid should be laid down. On 17 July 2006 the represen-
the Member States
tatives of
meeting within
adopted Decision
2006/610/EC (4) on the provisional application of the
Internal Agreement, for the purpose of the adoption of
the Implementation Regulation and the Financial Regu-
lation and, inter alia, for the purposes of establishing the
EDF Committee and the IF Committee.

the Governments of
Council
the

(11) On 24 November 2004 the Council adopted conclusions
on the effectiveness of EU external actions,
including
further strengthening complementarity and coordination
between Community and Member States' development

(1) OJ L 378, 27.12.2006, p. 41.
(2) OJ L 386, 29.12.2006, p. 1.
(3) OJ L 156, 18.6.2005, p. 19.
(4) OJ L 247, 9.9.2006, p. 30.

cooperation. On 24 May 2005 the Council committed
itself to timely implementation and monitoring of the
Paris Declaration on Aid Effectiveness and of
the EU
the Paris Forum of
specific commitments adopted at
28 February to 2 March 2005. The Council of 11 April
2006 adopted conclusions on the common framework
for country strategy papers thus enabling a joint multi-
annual programming by the EU and other interested
donors. On 16 October 2006 the Council adopted
conclusions on the importance of complementarity and
division of labour as constitutive parts of aid effective-
ness.

(12) On 22 December 2005, the Council and the representa-
tives of the Governments of the Member States meeting
within the Council,
the European Parliament and the
Commission adopted a Joint Statement on a European
Union Development Policy (5). Subsequently the Euro-
pean Council adopted a strategy for Africa in December
2005 and the Council adopted conclusions on a strategy
for the Caribbean (10 April 2006) and the Pacific (17 July
2006).

(13) On 16 October 2006 the Council adopted conclusions
on Governance in the European Consensus on Develop-
ment: Towards a Harmonised Approach within the Euro-
pean Union, recalling that
incentive
the Governance Initiative should be thor-
tranches of
oughly discussed between Member States
and the
Commission and stressing the need for the Commission
to involve the competent bodies of the Council,

the allocation of

HAS ADOPTED THIS REGULATION:

TITLE I

GENERAL PRINCIPLES

Article 1

General framework for programming and implementation

1.
The primary and overarching objective of cooperation
under this Regulation shall be the eradication of poverty in
partner countries and regions in the context of sustainable
development, including pursuit of the Millennium Development
Goals.

Geographic cooperation with the ACP countries and
2.
regions in the context of the 10th EDF shall be founded on the
basic principles and values reflected in the general provisions of
the ACP-EC Partnership Agreement and taking into account the
development objectives and cooperation strategies set out in
Title XX of the Treaty.

(5) OJ C 46, 24.2.2006, p. 1.

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The Joint Development Policy Statement of 22 December 2005:
‘The European Consensus’ shall provide the general framework
to guide the programming and implementation of the 10th
EDF, including the principles set out in the 2005 Paris Declara-
tion on Aid Effectiveness.

3.
The Paris Declaration on Aid Effectiveness includes the
results
principles of ownership, alignment, harmonisation,
oriented aid management and mutual accountability, valid for
partner countries and regions as well as for donors.

Those principles shall create the conditions for the partner
countries and regions to exercise effective leadership over their
development policies and strategies and lead to a country or
region-based and country or region-led approach,
involving
broad stakeholder consultation and increasingly aligning with
national or regional development objectives and strategies, parti-
cularly those for reducing poverty. This requires effective donor
coordination, based on a search for complementarity, a non-
exclusive approach and the promotion of donor-wide initiatives,
aligned with and based on existing analyses, processes and stra-
tegies and country or region specific procedures and institu-
tions.

4. Without prejudice to the need to ensure continuity of
cooperation from crisis to stable conditions for development,
measures covered by, and eligible for funding under Regulation
(EC) No 1257/96 shall, in principle, not be funded under this
Regulation.

TITLE II

PROGRAMMING

Article 2

The programming process

1.
The process of programming for assistance to the ACP
countries and regions managed by the Commission under the
ACP-EC Partnership Agreement shall be undertaken in accord-
ance with Articles 1 to 14 of Annex IV to that Agreement and
in accordance with the general principles referred to in Article 1
of this Regulation.

Programming for the purpose of

2.
mean, inter alia:

this Regulation shall

(a) the preparation and development of Country Support Stra-
tegies (hereinafter referred to as country strategy papers) and
Regional Support Strategies
referred to as
regional strategy papers);

(hereinafter

(b) a clear indication from the Community of the indicative
programmable financial allocation from which the countries
and regions may benefit during the six-year period of the
10th EDF;

(c) the preparation and adoption of a multiannual

indicative
programme for implementing the country strategy papers
and regional strategy papers;

(d) a review process covering the country strategy papers and
regional
indicative
programmes and the volume of resources allocated to them.

the multiannual

strategy

papers,

3.
The programming at national and regional level shall be
conducted in a coordinated way. Coordination for the purpose
of this Regulation shall mean, inter alia:

(a) the partner country or region concerned shall to the extent
possible be the leading force in the programming of Com-
munity assistance. Programming shall, except in the cases
provided for in paragraph 5, be done jointly with the
partner country or
region concerned and increasingly
aligned with the partner country or region's poverty reduc-
tion or equivalent strategies; the joint process shall include
other stakeholders where relevant,
including parliaments,
local authorities and representative non-State actors, that
shall be associated in the programming process as early as
appropriate;

(b) for the preparation and development of the strategy papers
the Commission shall work in coordination with the
Member States locally represented and the EIB on matters
relating to its areas of expertise and operations, including as
regards the Investment Facility. Coordination will remain
open to the Member States that are not permanently repre-
sented in the country or region concerned;

(c) the Commission and the Member States locally represented
shall strive where possible and appropriate to joint program-
including a joint response strategy. Participation in
ming,
joint programming will,
through flexible mechanisms,
remain open to the Member States that are not permanently
represented in the country or region concerned;

labour,

(d) the Commission and Member States shall seek regular and
frequent exchanges of
including with other
information,
donors and development banks, and promote better coordi-
nation of policies, harmonisation of procedures, comple-
mentarity and division of
thereby enhancing
improved impact of policies and programming. Donor coor-
dination shall as far as possible take place through existing
mechanisms of donor coordination and build on existing
harmonisation processes in the partner country or region
concerned. The partner country or region concerned should
to the extent possible be the leading force in the coordina-
tion of Community assistance with other donors; whenever
the development of common strategies is already under way,
joint programming should remain open to other donors
and complement, strengthen, and whenever possible be part
of these existing processes.

4.
In addition to country strategy papers and regional
strategy papers, an intra-ACP strategy paper and related multi-
annual indicative programme shall be prepared and developed
with the ACP-EC Committee of Ambassadors, based on criteria
set out for an intra-ACP policy framework compliant with the
principles of complementarity and geographic scope inherent in
Article 12 of Annex IV to the ACP-EC Partnership Agreement.

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5.
In the exceptional circumstances referred to in Article 3(4)
and Article 4(5) of Annex IV to the ACP-EC Partnership Agree-
ment, when countries cannot access normal programmable
funds and/or the national authorising officer is prevented from
carrying out his/her duty, the Community shall make specific
provisions as referred to in Article 4(7) of this Regulation.

Article 4

Country and regional strategy papers and multiannual
programming

6.
to the
Programming shall be designed so as to fulfil
greatest extent possible the criteria for official development
assistance (hereinafter referred to in as ‘ODA’) established by the
OECD/DAC.

1.
The country and regional strategy papers shall be prepared
on the basis of the general principles of coordination, ownership
and aid effectiveness referred to in Articles 1 and 2, following
the common framework for country strategy papers and the
principles towards joint multiannual programming adopted by
the Council on 11 April 2006.

Programming shall, where appropriate, ensure European

7.
visibility in partner countries and regions.

Article 3

Resource allocation

The strategy papers shall aim to provide a coherent frame-
2.
work for cooperation between the Community and the partner
country or
region concerned, consistent with the overall
purpose and scope, objectives and principles of the ACP-EC
Partnership Agreement. The strategy paper shall not only cover
the development cooperation funded out of the EDF, but also
reflect all other Community instruments having an impact on
the partner country or region aiming to ensure policy coherence
with other areas of the Community's external action including,
where relevant, the EIB.

At

the beginning of

1.
the programming processes the
Commission shall, on the basis of the needs and performance
criteria identified in Articles 3, 9 and 12 of Annex IV to the
ACP-EC Partnership Agreement, determine the multiannual indi-
cative fund allocation for each ACP country and region and for
the intra-ACP envelope on which the programming process is
based, within the limits set out in Article 2 of the Internal
Agreement. These criteria shall be standard, objective and trans-
parent.

Regarding the national

indicative grant allocation,

the
2.
resources shall comprise a programmable amount, including an
incentive tranche allocated on the basis of governance related
criteria in line with the principles on governance adopted by the
Council on 16 October 2006, and an allocation for unforeseen
needs as referred to in Article 3(2)(b) of Annex IV to the ACP-
EC Partnership Agreement.

3.
The EDF Committee referred to in Article 11 shall give its
opinion in accordance with the management procedure set out
in Article 11(3) on the method used in the application of the
general criteria for resource allocation as presented by the
Commission.

The consolidated country and regional aid allocations shall be
consistent with the amounts set out in Article 2 of the Internal
Agreement. They shall be integrated into the country and
regional strategy papers and multiannual indicative programmes,
and adopted by the Commission in accordance with the
management procedure
Funds
set out
earmarked for special support programmes and actions as
referred to in Article 4(7) shall also be adopted by the Commis-
sion in accordance with the management procedure set out in
Article 11(3).

in Article 11(3).

3.
Except in the circumstances referred to in Article 2(5),
multiannual indicative programmes shall be drawn up on the
basis of the respective strategy papers and shall be the subject of
an agreement with the country or region concerned. Emphasis
shall be placed on shared assessments of needs and performance
and sector analysis, as well as priorities.
In the context of
Article 11(3) and in cases where the Commission participates in
indicative
a
programme shall where appropriate be integrated in a document
drafted jointly with the other participating donors. The multi-
annual indicative programmes shall include:

joint programming process,

the multiannual

(a) the priority areas selected for Community financing, the
the general

overall objectives,
the targeted beneficiaries,
policy commitments and the expected impact;

(b) the indicative financial allocation, both overall and per
priority area. The allocation per priority area may be given
in the form of a limited range, where appropriate. Com-
munity assistance shall be concentrated in a limited number
of priority areas and, where appropriate, through general
budget support, and shall ensure alignment with operations
financed by the ACP country or region concerned and
complementarity and coherence with operations financed
by Member States and by other donors;

(c) per priority area, and in case of general budget support,
specific objectives and sectoral policy commitments and the
most appropriate measures and operations for attaining
these objectives and targets. The indicative programme shall
also describe the expected impact, and define results and
quantitative and qualitative performance indicators and a
timetable for implementation, including commitments and
disbursement of resources, and for expected results. Indica-
tors shall to the maximum extent possible be aligned with
and based on the partner country or region's own moni-
toring system;

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(d) the resources reserved for programmes and projects outside
the priority areas and, where possible, the broad outlines of
such activities as well as an indication of the resources to be
deployed for each of these activities. They may include the
priorities and specific resources for the purpose of strength-
ening cooperation with the Community's outermost regions,
OCTs or neighbouring partner countries and regions as
referred to in Article 10 of this Regulation and the modal-
ities for identifying and coordinating the selection of those
common interest projects;

(e) the type of non-State actors eligible for funding and, where
possible, the resources to be allocated and the type of activ-
ities to be supported.

Resources may be channelled through different modalities that
may be complementary according to what will work best in
each country. The use of budget support shall be done in
accordance with the eligibility criteria set out in Article 61.2 of
the ACP-EC Partnership Agreement.

The

papers

strategy

and multiannual

4.
indicative
programmes shall take account of, and avoid duplication with,
measures and programmes eligible for funding under other EDF
or Community instruments. Particular care shall be paid to the
interaction between national, regional and intra-ACP support
strategies and to consistency with Community instruments, in
particular Regulation (EC) No 1905/2006, Regulation (EC)
No 1889/2006, and Regulation (EC) No 1257/96, taking into
account the actions undertaken under Regulation (EC) No 1717/
2006 of
and the Council of
15 November 2006 establishing an Instrument for Stability (1).
The multiannual adaptation strategies for Sugar Protocol coun-
tries provided for in the instrument for development coopera-
tion shall be integrated in the country strategy papers.

the European Parliament

The strategy paper referred to in paragraph 4, including its
5.
multiannual
indicative programme, shall be adopted by the
Commission in accordance with the management procedure set
out in Article 11(3). At the same time as the strategy papers
referred to in paragraph 1 are transmitted to Member States in
the EDF Committee, the Commission shall also transmit them
to the Joint Parliamentary Assembly for information, while fully
respecting the decision-making procedure according to Title IV
of this Regulation.

6.
The strategy papers, including the multiannual indicative
programmes, shall subsequently be adopted by common agree-
ment between the Commission and the ACP State or region
concerned and shall, when adopted, be binding on both the
Community and that State or region. Countries without a
signed strategy paper remain eligible to funding from the alloca-
tion for unforeseen needs referred to in Article 3(2)(b) of
Annex IV to the ACP-EC Partnership Agreement.

7.
The provisions referred to in Article 2(5) of this Regu-
lation may take the form of special support programmes repla-
cing the national strategy paper in cases as set out in Article 4
(5) of Annex IV to the ACP-EC Partnership Agreement where

(1) OJ L 327, 24.11.2006, p. 1.

the national authorising officer
in the partner country is
prevented from carrying out his duty, or they may take the
form of actions funded from the allocation for unforeseen needs
referred to in Article 3(2)b of Annex IV to the ACP-EC Partner-
ship Agreement in situations set out in Article 3(4) of that
Annex when the partner country can not access the normal
programmable funds referred to in Article 3(2)a of that Annex.
These special support programmes and actions funded from the
allocation for unforeseen needs shall comply with the previous
paragraphs and take into account the special considerations
referred to in Article 5(4)(c) of this Regulation. They shall be
adopted by the Commission in accordance with the manage-
ment procedure set out in Article 11(3) of this Regulation.

Article 5

Reviews

1.
Strategy papers and multiannual indicative programmes as
well as the special support programmes and actions referred to
in Article 4(7) of this Regulation shall be submitted to annual
operational reviews, to reviews at mid-term and at the end of
term and, when necessary, to ad hoc reviews. These reviews
shall be carried out locally by the Commission and the partner
country or region concerned in line with Article 5 of Annex IV
of the ACP-EC Partnership Agreement, and shall be prepared on
the basis of the general principles of coordination, ownership
and aid effectiveness referred to in Articles 1 and 2. The strategy
papers and multiannual
indicative programmes may also be
submitted to ad hoc reviews in between annual, mid-term and
end-of-term reviews in line with Article 3(5) of Annex IV of the
ACP-EC Partnership Agreement.

2.
The mid-term and end-of-term reviews shall constitute an
integral part of the programming process. They shall assess the
strategy paper, including the multiannual adaptation strategies
for the Sugar Protocol countries and any other programmes
funded from Community instruments referred to in Article 4(4),
and the multiannual
indicative programme in the light of
current needs and performance. The review shall include, to the
extent possible, an impact assessment of
the Community's
development cooperation in relation to the general objective of
poverty reduction referred to in Article 1(1), to the objectives,
allocated resources and indicators set out in the strategy papers
and an assessment of the adherence to, and the possibilities for
furthering, the aid effectiveness principles referred to in Arti-
cles 1 and 2. Following the completion of the mid-term or end-
of-term review exercise:

(a) the strategy papers and multiannual indicative programmes
may be adjusted where
specific
the
problems or lack of progress towards meeting the objectives
and indicated results, or in the light of changed circum-
including as a result of ongoing harmonisation
stances,
processes such as division of
labour among Commission
and Member States and possibly other donors;

indicate

reviews

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(b) the national and regional multiannual indicative allocation
may be increased or decreased in the light of current needs
and performance.

3.
The annual operational reviews shall be conducted in
accordance with Article 5(4) of Annex IV to the ACP-EC Part-
nership Agreement. In cases of new or special needs, set out in
Articles 3(5) and 9(2) of Annex IV to the ACP-EC Partnership
Agreement, such as those resulting from a post-crisis situation,
or exceptional performance when a multiannual indicative allo-
cation is totally committed and additional
funding can be
absorbed against a background of effective poverty-reduction
policies and sound financial management, a multiannual indica-
tive allocation may be increased following the completion of the
annual operational review exercise.

The general results of the annual operational reviews shall be
presented to the EDF Committee for an exchange of views in
accordance with Article 11(4) of this Regulation.

4.
Ad hoc reviews can be carried out at the request of either
the ACP State concerned or the Commission in cases of new or
special needs or exceptional performance as described in para-
graph 3 of this Article or in the case of exceptional circum-
stances referred to in Article 72 and Article 73 of the ACP-EC
Partnership Agreement regarding humanitarian and emergency
aid. The Commission shall take into account requests for ad hoc
reviews by Member States. The occurrence of sudden and unfor-
eseeable serious humanitarian, economic and social difficulties
of an exceptional nature resulting from natural disasters, man-
made crises such as wars and other conflicts, post-conflict situa-
tions, threats to democracy, the rule of law, human rights or
fundamental freedoms or extraordinary circumstances within a
country or within a region that have comparable effects, may be
considered as cases justifying the conducting of an ad hoc
review.

indicative programme or

(a) Following the completion of the ad hoc review exercise,
special measures referred to in Article 8 of this Regulation
may be proposed. If required, the allocation of the multi-
action
annual
programme may be increased within the limits of available
funds set out in Article 2 of the Internal Agreement. Where
no strategy paper has been signed, special support can be
funded from the allocation for unforeseen needs as referred
to in Article 3(2)(b) of Annex IV to the ACP-EC Partnership
Agreement.

special

the

situation, multiannual programming shall place special
emphasis on stepping up coordination between relief, reha-
bilitation and development to help them make the transition
from an emergency situation to the development phase;
programmes for countries and regions regularly subject to
natural disasters shall provide for disaster preparedness and
prevention.

5.
In cases of new needs as defined in the Joint Declaration
VI referring to Article 12(2) of Annex IV to the ACP-EC Partner-
ship Agreement regarding intra-ACP cooperation, an increase in
the intra-ACP programmable allocation may be financed from
in
the intra-ACP reserves within the global
Article 2(b) of the Internal Agreement.

limits set out

6.
Any change in strategy papers and/or resource allocation
resulting from a review referred to in paragraphs 1 to 4 shall be
adopted by the Commission in accordance with the manage-
ment procedure set out in Article 11(3). The addenda to the
strategy
indicative
programmes and to the special support programmes shall
subsequently be adopted by common agreement between the
Commission and the ACP State or region concerned and shall,
when adopted, be binding on both the Community and that
State or region.

the multiannual

including

papers,

TITLE III

IMPLEMENTATION

Article 6

General framework for implementation

The implementation of the assistance provided to the ACP coun-
tries and regions managed by the Commission under the ACP-
EC Partnership Agreement shall be undertaken in accordance
with Annex IV to that Agreement and the Financial Regulation
referred to in Article 10(2) of the Internal Agreement and in
accordance with the principles of ownership and aid effective-
ness referred to in Article 1.

Article 7

Annual action programmes

(b) The measures taken shall be consistent and coherent with
and complement other Community instruments, including
the
for humanitarian aid referred to in
Article 4(4).

instrument

(c) Where partner countries or groups of partner countries are
directly involved in, or affected by, a crisis or post-crisis

The Commission shall adopt annual action programmes
indicative

1.
based on the strategy papers and multiannual
programmes referred to in Article 4.

Exceptionally, for instance where an annual action programme
has not yet been adopted, the Commission may, on the basis of
indicative programmes,
the strategy papers and multiannual
adopt measures not provided for
action
annual
in the
programme under the same rules and procedures.

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2.
The annual action programmes shall be prepared by the
Commission with the partner country or region, involving the
Member States locally represented and coordinating where
joint
appropriate with other donors, notably in cases of
programming, and the EIB. The annual action programmes shall
describe the general context and assess Community assistance
and lessons learnt,
including regarding budget support, based
especially on the annual operational reviews referred to in
Article 5(3). They shall specify the objectives pursued, the fields
of intervention, the total amount of financing planned and an
indication of the amounts allocated for each operation. They
shall include detailed individual fiches for each foreseen opera-
the specific sector
tion which shall contain an analysis of
context, a description of the actions to be financed, the main
stakeholders,
the expected results based on quantitative and
qualitative indicators, the management procedure, an indicative
implementation timetable, and, in case of budget support, the
criteria for disbursement, inclusive of possible variable tranches.
Objectives shall be specific, measurable, realistic and have time-
bound benchmarks, aligning with the partner country or
region's own objectives and benchmarks to the maximum
extent possible. They shall state how they take current or
planned EIB activities into account.

3.
The annual action programmes shall be adopted by the
Commission in accordance with the management procedure set
out in Article 11(3) of this Regulation. Each Member State may
request the withdrawal of a project or programme from the
annual action programme.
If this request is supported by a
blocking minority of Member States as laid down in Article 8(3)
in connection with 8(2) of the Internal Agreement, the annual
action programme shall be adopted by the Commission without
the project or programme concerned in accordance with the
management procedure set out in Article 11(3) of this Regu-
lation. Unless the Commission,
in line with the views of the
Member States in the EDF Committee, wishes not to pursue the
withdrawn project or programme it shall, at a later stage, be re-
submitted to the EDF Committee outside the annual action
programme as provided for
second sub-
paragraph of this Article in the form of a financing proposal
which shall then be adopted by the Commission in accordance
with the management procedure set out in Article 11(3) of this
Regulation.

in paragraph 1,

The Commission shall adopt specific action programmes
5.
in
in accordance with the management procedure set out
Article 11(3) of
support expenditures
this Regulation for
referred to in Article 6(2) of the Internal Agreement and not
covered by the multiannual
indicative programmes. Any
changes in the action programmes for support expenditures
shall be adopted in accordance with paragraph 4 of this Article.

6. Member States represented in the country or region, other
interested Member States and where appropriate the EIB shall be
kept regularly informed by the Commission on the implementa-
tion of Community projects and programmes. In turn, each
Member State and the EIB shall also regularly inform the
Commission, at country or region level, of
the cooperation
activities that they are implementing or programming, in each
particular country or region.

7.
In accordance with Article 11(4) of this Regulation, each
Member State may at any moment request to include on the
agenda of the EDF Committee an exchange of views on imple-
mentation issues relating to a particular project or programme
managed by the Commission. This exchange of views may
include the way the Commission applies the criteria for disbur-
sement of budget support referred to under paragraph 2 of this
Article.

Article 8

Adoption of special measures

1.
In the cases referred to in Article 5(4), the Commission
may adopt special measures not provided for in the strategy
papers and multiannual
indicative programmes in accordance
with Article 2(5).

Special measures shall specify the objectives pursued, the
2.
areas of intervention, the targeted beneficiaries, the expected
results, the management procedure and the total amount of
financing. They shall contain a description of the operations to
be financed, an indication of the amounts allocated for each
operation and the indicative timetable for their implementation.
They shall include a definition of the type of performance indi-
cators that will have to be monitored when implementing the
special measures. These indicators shall take into account the
partner country or region's monitoring systems where relevant.

to annual

Amendments

action programmes or

4.
to
measures not provided for in the annual action programmes
shall be adopted in accordance with the management procedure
set out in Article 11(3). In cases where amendments to Annual
Action Programmes or measures not provided for in the annual
action programmes do not exceed 20 % of the initial projects,
programmes or consolidated allocation thereof, but do not
represent more than EUR 10 million, such amendments shall be
adopted by the Commission provided they do not affect the
initial objectives set out
in the Commission decision. The
Commission shall
inform the EDF Committee of any such
amendments within one month.

them under

the Commission shall adopt

3. Where the cost of such special measures exceeds EUR
the
10 million,
management procedure set out in Article 11(3). For special
measures below EUR 10 million, the Commission shall inform
the EDF Committee within one month of their adoption. In
accordance with Article 11(4), each Member State may at any
the EDF
moment
Committee an exchange of views on these operations. This
exchange of views may lead to the formulation of recommenda-
tions which the Commission shall take into account.

to include on the agenda of

request

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4.
Amendments to special measures, such as those making
technical adjustments, extending the implementation period,
reassigning funds within the forecast budget, or increasing or
reducing the size of the budget by less than 20 % of the initial
budget, but not more than EUR 10 million, do not require
adoption under the management procedure set out in Article 11
(3), provided that such amendments do not affect the initial
objectives set out in the Commission decision. Any such tech-
nical adjustments shall be communicated within one month to
the Member States.

The special measures

to an annual
5.
exchange of views within the EDF Committee on the basis of a
report prepared by the Commission.

shall be subject

Article 9

Co-financing and additional Member State contributions

Co-financing shall occur when a project or programme is

1.
funded from different sources:

(c) international organisations, including regional organisations,
and in particular international and regional financial institu-
tions;

for the purpose of implementing joint measures, such funds
shall be treated as assigned revenue,
in accordance with the
Financial Regulation referred to in Article 10(2) of the Internal
Agreement and shall be integrated as such in the annual action
programmes. The visibility of the Member States' contributions
shall be assured.

Where the Commission entrusts the bodies referred to in prece-
dent subparagraph with funds for the financing of tasks of
public authority, and in particular EDF implementation tasks,
such co-financing shall be reflected and duly justified in the
annual action programmes and visibility of the EDF contribu-
tion shall be ensured.

arrangement,

3. When the EIB is designated as the manager for a joint co-
arrangements
financing
governing such funds, including, when appropriate the coverage
of the administrative costs incurred by the EIB, shall be drawn
up in compliance with the statutes and internal regulations of
the EIB.

implementing

the

(a) in the

co-financing,

case of parallel

the project or
programme is split into a number of clearly identifiable
components, each of which is financed by the different part-
ners providing co-financing, in such a way that the end-use
of the financing can always be identified;

(b) in the case of joint co-financing, the total cost of a project
or programme is shared between the partners providing co-
financing and the resources are pooled in such a way that it
is no longer possible to identify the source of financing for
any
the project or
programme.

activity undertaken as part of

including, when appropriate,

2. When the Commission is involved in joint co-financing
arrangements, the implementing arrangements governing such
funds,
joint
evaluations and the coverage of the possible administrative costs
incurred by the body in charge of
the
pooled funds shall be laid down in the financing agreement
according to the rules and procedures which shall be detailed in
the Financial Regulation referred to in Article 10(2) of
the
Internal Agreement.

the management of

the necessity for

At their own initiative, Member States may also provide to
4.
the Commission or the EIB voluntary contributions in accord-
ance with Article 1(9) of the Internal Agreement to help achieve
the objectives of the ACP-EC Partnership Agreement outside
joint co-financing arrangements. Such contributions shall not
affect the overall allocation of funds under the 10th EDF and
earmarking shall only be made in duly justified circumstances,
for example in response to the exceptional circumstances as
referred to in Article 5(4). The additional funds shall be inte-
grated in the programming and review process and in the
annual action programmes referred to in this Regulation and
reflect partner country or region ownership. Voluntary contribu-
tions entrusted to the Commission shall be treated as assigned
revenue in accordance with the Financial Regulation referred to
in Article 10(2) of the Internal Agreement. They shall be treated
in the same way as Member States'
regular contributions
referred to in Article 1(2) of the Internal Agreement except for
the provisions in Articles 6 and 7 of the Internal Agreement for
which specific arrangements may be laid down in a bilateral
contribution agreement.

Where the Commission receives and manages funds on behalf
of:

(a) Member States and their regional and local authorities, and

in particular their public and parastatal agencies;

(b) other donor countries, and in particular their public and

parastatal agencies;

5. Member States entrusting the Commission or the EIB with
additional voluntary contributions to help achieve the objectives
of the ACP-EC Partnership Agreement shall inform the Council
and the EDF Committee of these contributions in advance. Any
earmarking shall be duly justified and any resulting change in
the annual action programmes or in the strategy papers shall be
adopted by the Commission in accordance with the manage-
ment procedure set out in Article 11(3).

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Article 10

Participation by a third country or region

views. The opinion shall be delivered by the qualified majority
laid down in Article 8(3) of the Internal Agreement on the basis
of the votes of the Member States weighted in the manner set
out in Article 8(2) of the Internal Agreement.

In order to ensure the coherence and effectiveness of Com-
munity assistance, the Commission may decide that non-ACP
developing countries and regional integration bodies with ACP
participation that promote regional cooperation and integration
eligible for Community Assistance under Regulation (EC)
No 1905/2006, Regulation (EC) No 1638/2006 of the Euro-
pean Parliament and of the Council of 24 October 2006 estab-
lishing a European Neighbourhood and Partnership instru-
ment (1),
the OCTs eligible for Community assistance under
Decision 2001/822/EC,
and the Community's outermost
regions are eligible for funds referred to in Article 1(2)(a)(i) of
the Internal Agreement, where the project or programme
concerned is of a regional or cross-border nature and complies
with Article 6 of Annex IV of the ACP-EC Partnership Agree-
ment. Provision may be made for this funding in the strategy
papers and multiannual
indicative programmes and in the
special measures referred to in Article 8 of this Regulation.
Those provisions shall be integrated into the annual action
programmes.

TITLE IV

DECISION-MAKING PROCEDURES

Article 11

Responsibilities of the EDF Committee

The EDF Committee set up according to Article 8 of the
1.
Internal Agreement shall give its opinion, in accordance with
the management procedure set out
in paragraph 3, on the
substantive issues of development cooperation at country,
regional and intra-ACP level funded from the 10th EDF and
other Community resources referred to in Article 4(3).

The EDF Committee's tasks shall cover the responsibilities

2.
spelled out in Titles II and III of this Regulation:

(a) programming of Community aid under the 10th EDF and
programming reviews focusing in particular on country,
regional and intra-ACP strategies; and

(b) monitoring the implementation of Community aid, covering
amongst others the impact of assistance on the reduction of
poverty, sectoral aspects, cross-cutting issues,
the func-
tioning of field-level coordination with Member States and
other donors and progress on the aid effectiveness principles
referred to in Article 1.

3. When the EDF Committee is called upon to give its
opinion, the representative of the Commission shall submit to
the EDF committee within the time-limits set out in the Council
Decision on the rules and procedures of the EDF Committee
referred to in Article 8(5) of the Internal Agreement, a draft of
the measures to be taken. The EDF Committee shall deliver its
opinion within a time-limit which the chairman may lay down
according to the urgency of the matter but which shall not
exceed 30 days. The EIB shall take part in the exchange of

(1) OJ L 310, 9.11.2006, p. 1.

When the EDF Committee has delivered its opinion,
the
Commission shall adopt measures which shall apply immedi-
ately. However, if these measures are not in accordance with the
opinion of the EDF Committee, they shall be communicated by
the Commission to the Council forthwith. In that event, the
Commission shall defer application of the measures for a period
which shall in principle not exceed 30 days from the date of
such communication but which may be prolonged for a period
of up to 30 days in exceptional circumstances. The Council,
acting by the same qualified majority as the EDF Committee,
may take a different decision within this period.

4.
The EDF Committee shall have an exchange of views on
the general conclusions of the annual operational reviews and
of the annual report referred to in Article 14(3). Each Member
State may also call for an exchange of views on the evaluations
referred to in Article 15(3).

Each Member State can invite the Commission at any moment
to provide the EDF Committee with information and to have an
exchange of views on issues related to the tasks described under
paragraph 2.

Such exchanges of view may lead to the formulation of recom-
mendations by the Member States, which the Commission shall
take into account.

5.
On the basis of conclusions of the reviews prepared by
the Commission, the EDF Committee shall also examine the
consistency and complementarity between Community aid and
aid from the Member States and where appropriate other
donors, in line with Articles 1 and 2.

Article 12

The African Peace Facility

In accordance with the Council conclusions of 11 April 2006
to fund the African Peace Facility from the 10th EDF for a
three-year period with EUR 300 million, the intra-ACP indica-
tive programme shall earmark funding for the African Peace
Facility. Specific management procedure shall apply as follows:

(a) on a request from the African Union, endorsed by the ACP-
EC Committee of Ambassadors, an action programme shall
be prepared by the Commission covering the period 2008
to 2010. This action programme shall among others specify
the objectives pursued, the scope and nature of the possible
interventions,
the implementation arrangements, and an
agreed format for background documents and requests and
for reporting. An annex to the action programme shall
describe the specific decision making procedures for each
possible intervention according to its nature,
size and
urgency;

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(b) this action programme, including the annex referred to in
point (a), and any changes thereto shall be discussed by the
relevant preparatory Council working groups and the Poli-
tical and Security Committee and approved by Coreper by
qualified majority as defined in Article 8(3) of the Internal
Agreement before being adopted by the Commission in
accordance with the management procedure set out
in
Article 11(3) of this Regulation;

(c) the action programme, excluding the annex referred to in
point (a), shall be the basis for the financing agreement to
be concluded between the Commission and the African
Union;

The IF Committee shall act by qualified majority. The weighting
of the votes shall be as laid down in Article 8 of the Internal
Agreement.

The IF Committee shall meet at least four times a year. Addi-
tional meetings may be convened at the request of the EIB or of
the members of the Committee as set out in the rules of proce-
dure. In addition, the IF Committee may deliver an opinion by
written procedure, in the terms established by its Rules of Proce-
dure.

2.

The IF Committee shall approve:

(d) each intervention to be implemented under the financing
agreement shall be subject to prior approval by the Political
and Security Committee; the relevant preparatory Council
working groups shall be informed or consulted in due time
prior
to their submission to the Political and Security
Committee according to the specific decision making proce-
dures referred to in point (a) in order to ensure that, besides
the military and security dimension,
the development
related aspects of the envisaged measures are being taken
into account. Special attention shall hereby be given to
activities recognised as ODA;

(a) guidelines on the implementation of the Investment Facility,
its development impact assessment framework and propo-
sals for their revision;

(b) the investment strategies and business plans of the Invest-
ment Facility, including performance indicators, on the basis
of the objectives of the ACP-EC Partnership Agreement and
of the broad principles of Community development policy;

(c) the annual reports of the Investment Facility;

(e) the Commission shall prepare an activity report on the use
of the funds for information of the Council and the EDF
Committee on an annual basis and at the request of Council
or the EDF Committee, distinguishing between ODA and
non-ODA related commitments and disbursements;

(d) any general policy document, including evaluation reports,

concerning the Investment Facility.

Furthermore, the IF Committee shall deliver an opinion

3.
on:

(f) An evaluation shall be undertaken in 2010 reviewing the
procedures of the African Peace Facility as well as the possi-
bilities of alternative future sources of funding,
including
common foreign and security policy funding.

Article 13

The IF Committee

The IF Committee set up under the auspices of the EIB
1.
according to Article 9 of the Internal Agreement shall consist of
the representatives of the Member States and a representative of
the Commission. Each Government shall nominate one repre-
sentative and one designated alternate. The Commission shall
act in the same way for its representative. With a view to main-
taining continuity, the Chairman of the IF Committee shall be
elected by and from among the members of the IF Committee
for a period of two years. The EIB shall provide the Committee's
secretariat and support services. Only the members of the IF
Committee designated by the Member States, or their alternates,
shall vote.

The Council, acting unanimously, shall adopt the rules of proce-
dure of the IF Committee on the basis of a proposal drawn up
by the EIB after consulting the Commission.

In such cases,

(a) proposals to grant an interest subsidy under Article 2(7),
and Article 4(2), of Annex II to the ACP-EC Partnership
Agreement.
the IF Committee shall also
deliver an opinion on the use of such an interest subsidy. In
order to streamline the approval process for small opera-
tions, the IF Committee may give its favourable opinion to
proposals from the EIB for a global allocation for interest
subsidies that shall subsequently, without further opinion
from the IF Committee and/or the Commission, be sub-allo-
cated by the EIB to individual projects according to criteria
set out in the global allocation,
including the maximum
interest subsidy sub-allocation per project;

(b) proposals for an IF investment for any project for which the

Commission has delivered a negative opinion;

(c) other proposals relating to the Investment Facility based on
the general principles defined in the operational guidelines.

In addition, the governing bodies of the EIB may, from time to
time, request that the IF Committee provides an opinion on all
financing proposals, or on certain categories of financing propo-
sals.

4.
It shall be the EIB's responsibility to submit to the IF
Committee in a timely manner any matters that require the
approval or opinion of the IF Committee, as provided for in
submitted to the
paragraphs 1, 2 and 3. Any proposal
Committee for an opinion shall be made in accordance with the
relevant criteria and principles set out in the operational guide-
lines.

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5.
The EIB shall cooperate closely with the Commission and,
where applicable, shall coordinate its operations with other
donors. In particular:

decide on the proposal in accordance with its own procedures
and, in the case of the Investment Facility, in accordance with
the guidelines and the investment strategies approved by the IF
Committee.

(a) the EIB shall prepare or revise jointly with the Commission
the guidelines on the implementation of
the Investment
Facility referred to under paragraph 2(a). The EIB shall be
held accountable for compliance to the guidelines and shall
ensure that the projects it supports respect international
social and environmental standards and are coherent with
the objectives of the ACP-EC Partnership Agreement and of
the broad principles of Community development policy and
with the relevant country or regional cooperation strategies;

(b) the EIB shall request the opinion of the Commission before-
hand on investment strategies, business plans and general
policy documents;

(c) the EIB shall

the Commission at

inform the Commission on the projects it
administers in accordance with Article 14(2) and request the
opinion of
the appraisal stage of a
project on the conformity of projects with the relevant
country cooperation strategy or
cooperation
strategy or, as the case may be, with the general objectives
of the Investment Facility;

regional

(d) with the exception of interest subsidies falling within the
global allocation referred to under paragraph 3(a), the EIB
shall also request the agreement of the Commission at the
appraisal stage of a project on any proposal made to the IF
Committee for an interest subsidy, as to its compliance with
Article 2(7) and Article 4(2) of Annex II to the ACP-EC Part-
nership Agreement, and with the criteria defined in the
operational guidelines of the Investment Facility.

The Commission shall be deemed to have rendered a favourable
opinion on or to have agreed to a proposal unless it notifies a
negative opinion on such a proposal within two weeks
following the submission of the proposal. As regards opinions
for financial or public sector projects, as well as agreement to
interest rate subsidies, the Commission may request that the
final project proposal be submitted for its opinion or approval
two weeks before being sent to the IF Committee.

6.
The EIB shall not proceed with any action mentioned in
paragraph 2 unless the IF Committee has given a favourable
opinion.

Following a favourable opinion of the IF Committee, the EIB
shall decide on the proposal in accordance with its own proce-
In particular it may decide not to proceed with the
dures.
proposal. The EIB shall periodically inform the IF Committee
and the Commission of cases where it decides not to proceed.

Notwithstanding a negative opinion of the IF Committee on a
proposal to grant an interest subsidy, the EIB may proceed with
the loan in question without the benefit of the interest subsidy.
The EIB shall periodically inform the IF Committee and the
Commission of each occasion on which it so decides to
proceed.

Facility

investment

Investment

The EIB may, subject to conditions laid down in the operational
guidelines, and the condition that the essential objective of the
in question be
loan or
unchanged, decide to modify the terms of an Investment Facility
loan or investment on which the IF Committee has given a
favourable opinion under paragraph 2 or of any loan on which
the IF Committee has given a favourable opinion regarding
interest subsidies. In particular, the EIB may decide to increase
the amount of the loan or Investment Facility investment by up
to 20 %.

Such an increase may,
for projects with interest subsidies
referred to in Article 2(7) of Annex II to the ACP-EC Partnership
Agreement, result in a proportionate increase in the value of the
interest
subsidy. The EIB shall periodically inform the IF
Committee and the Commission of each occasion on which it
so decides to proceed. For projects falling under Article 2(7) of
Annex II to the ACP-EC Partnership Agreement, if an increase in
the value of the subsidy is requested, the IF Committee shall be
required to deliver an opinion before the EIB proceeds.

7.
The EIB shall manage Investment Facility investments and
all funds held on account of the said Investment Facility in
accordance with the objectives of the Agreement. It may, in par-
ticular, take part in the management and supervisory bodies of
legal persons in which the Investment Facility is invested, and
may compromise, discharge and modify the rights held on
account of the Investment Facility in accordance with the opera-
tional guidelines.

TITLE V

FINAL PROVISIONS

Article 14

Monitoring and reporting requirements

regarding the

progress in implementation of EDF assistance

For loans from its own resources and for IF investments for
which no opinion of the IF Committee is required, the EIB shall

1.
The Commission and the EIB shall monitor, each to the
extent to which it is concerned, the use of EDF assistance by the
recipients.

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2.
The EIB shall periodically inform the Commission
regarding the implementation of projects and programmes
financed from the 10th EDF resources it administers, following
the
the procedures set out
Investment Facility.

in the operational guidelines of

The Commission shall examine the progress made in
3.
implementing the 10th EDF and shall submit to the Council an
annual report on the implementation and results and, as far as
possible, the main outcomes, results and impacts of the assis-
tance. This report shall also be sent to the EDF Committee for
an exchange of views, to the European Parliament, the European
Economic and Social Committee and the Committee of
the
Regions.

It shall contain information relating to the previous year on the
measures financed, the results of monitoring and evaluation
exercises, the involvement of and harmonisation with partners,
including implementation through delegated cooperation as
defined in the Financial Regulation referred to in Article 10(2)
of the Internal Agreement, and the implementation of commit-
ments and payments, broken down by country, region and
cooperation sector.

It shall assess the results of the assistance on the eradication of
poverty, using as far as possible specific and measurable indica-
tors of its role in meeting the objectives of the ACP-EC Partner-
ship Agreement. Such indicators shall be aligned with partner
country or region's monitoring systems and indicators shared
between the donor community and the partner country or
region for monitoring their development strategy.

Particular attention shall be given to progress made towards
achieving the Millennium Development Goals.

The reports shall also address progress made towards imple-
menting the principles of coordination, ownership and aid effec-
tiveness referred to in Article 1 of this Regulation and cover the
accompanying measures of the Economic Partnership Agree-
ments.

4.
The EIB shall provide the IF Committee with information
as regards progress towards the objectives of the Investment
Facility. Following Article 6b of Annex II to the ACP-EC Partner-
the Investment
the overall performance of
ship Agreement,
Facility shall be subject to a joint review at the mid- and end-
term of the 10th EDF. The mid-term review shall be carried out
by an independent external expert, in cooperation with the EIB,
and shall be made available to the IF Committee.

of commitments and disbursements as well as the quantitative
and qualitative performance, and in particular the results and
the impact, measured in terms of progress towards achieving
the Millennium Development Goals. The review shall also
explore the possibilities for and recommend how to enhance
alignment of
to the ACP with
partner country or region's existing strategies, programming and
budget cycles, and further harmonisation among donors.

future Community support

Article 15

Evaluation

1.
The Commission and the EIB shall regularly evaluate the
results of the implementation of geographical and thematic poli-
cies and programmes and of sectoral policies and the effective-
ness of programming on the eradication of poverty, where
appropriate by means of independent external evaluations,
in
order to ascertain whether the objectives have been met and to
enable it
to formulate recommendations with a view to
improving future operations. Particular attention shall be given
to ensuring coherence of Community development policy and
progress made towards achieving the Millennium Development
Goals.

These evaluations shall be conducted in association with
2.
the partner country or region and in coordination with the
Member States locally represented. Other interested Member
States and, where relevant, also other donors will be involved.
The Commission shall strive to implement the aid effectiveness
recommendations on joint evaluations.

3.
The Commission shall send its country and regional
evaluation reports to the Council, the EDF Committee and the
EIB for information. In accordance with Article 11(4), Member
States may at any moment request a discussion of specific
evaluations in the EDF Committee. The results shall feed back
into programme design and resource allocation, donor coordi-
nation and aid effectiveness.

The Commission shall associate relevant

4.
stakeholders,
including non-State actors, in the evaluation phase of the Com-
munity assistance provided.

Article 16

Entry into force

5.
The Commission shall provide the Council in 2010 with a
proposal for the overall performance review to be undertaken
with the ACP States on the basis of paragraph 7 of Annex Ib of
the ACP-EC Partnership Agreement. This review shall assess the
financial performance, and in particular the degree of realisation

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

It shall be applicable for the same period as the Internal Agree-
ment.

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This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 14 May 2007.

For the Council

The President

F.-W. STEINMEIER