Proposal for a Council Decision adopting the rules of procedure of the European Development Fund Committee
Date: 2007-07-18
Institutions: European Commission
Subjects: European Development Fund, committee (EU), rules of procedure

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 18.7.2007 
COM(2007) 427 final 

 Proposal for a 

COUNCIL DECISION  

adopting the rules of procedure of the European Development Fund Committee 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

A  European  Development  Fund  (EDF)  Committee  has  been  established  at  the  Commission 
for the resources of the European Development Fund which it administers, as provided for in 
Article  8  of  the  Internal  Agreement1  on  the  ACP-EC  Partnership  Agreement  signed  in 
Cotonou on 23 June 2000 and amended by the agreement signed in Luxembourg on 25 June 
2005. 

The  Internal  Agreement  will  enter  into  force  after  the  ratification  procedures  have  been 
completed. However,  by  decision  of  the representatives of the Governments of the Member 
States,  meeting  in  the  Council  on  17  July  20062,  certain  provisions  of  the  agreement, 
including  Article  8  (creation  and  operation  of  the  Committee),  were  applied  provisionally 
from an earlier date. 

Article 8(5) of the Internal Agreement lays down that the Council, acting unanimously, has to 
adopt the rules of procedure of the EDF Committee. 

The Community must therefore adopt the new rules of procedure of the EDF Committee to 
enable it to perform the duties conferred upon it by the Internal Agreement. 

The draft rules of procedure for the EDF Committee, which are enclosed with the proposal for 
a  Decision,  have  been  adapted  to  take  account  of  the  provisions  of  the  new  Internal 
Agreement  which  affect  it.  They  also  take  account  of  the  results  of  the  Commission's 
simplification and harmonisation exercise in the area of comitology and the standard rules of 
procedure approved by the Commission as part of this exercise. 

The Commission therefore proposes that the Council adopt the attached Decision. 

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INTERNAL  AGREEMENT  between  the  Representatives  and  Governments  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 (OJ L 247, 9.09.2006, p. 32). 
DECISION  OF  THE  REPRESENTATIVES  OF  THE  GOVERNMENTS  OF  THE  MEMBER 
STATES,  MEETING  WITHIN  THE  COUNCIL  on  the  provisional  application  of  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 multiannual financial framework for the period 
2008  to  2013  in  accordance  with  the  ACP-EC  Partnership  Agreement  and  the  allocation  of  financial 
assistance for the Overseas Countries and Territories to which Part Four of the EC Treaty applies (OJ L 
247, 9.09.2006, p. 30). 

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 Proposal for a 

COUNCIL DECISION  

adopting the rules of procedure of the European Development Fund Committee 

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 and revised in Luxembourg on 
25 June 20054 (hereinafter referred to as "the 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 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 applies5 (hereinafter referred to 
as "Internal Agreement"), and in particular Article 8 §5 thereof, 

Having regard to Council Regulation 2007/…/EC on the implementation of the 10th European 
Development  Fund  (hereinafter  referred  to  as  "10th  EDF")  under  the  ACP-EC  Partnership 
Agreement6 (hereinafter referred to as "10th EDF Implementing Regulation"), 

Having regard to Council Decision 2001/822/EC of 27 November 2001 on the association of 
the overseas countries and territories with the European Community 7, as amended by Council 
Decision  2007/249/EC  of  19  March  20078  (hereinafter  referred  to  as  "Overseas  Association 
Decision"), 

Having regard to the proposal from the Commission9, 

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OJ L 317, 15.12.2000, p. 3. 
OJ L 209, 11.08.2005, p. 27. 
OJ L 247, 09.09.2006, p. 32. 

OJ L 314, 30.11.2001, p. 1.  
OJ L 109, 26.4.2007, p. 33.  

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HAS DECIDED AS FOLLOWS: 

Article 1 

The  rules  of  procedure  of  the  European  Development  Fund  Committee,  as  set  out  in  the 
Annex, are hereby adopted. 

Article 2 

Until  the  entry  into  force  of  the  Internal  Agreement  the  rules  of  procedure  of  the  European 
Development  Fund  Committee  shall  apply  only  to  the  programming  needs  and  related 
decision-making  procedures  referred  to  in  titles  II  and  III  of  the  10th  EDF  Implementing 
Regulation,  and,  in  respect  of  the  OCT,  in  Articles  20  and  24  of  the  Overseas  Association 
Decision. 

Article 3 

This Decision shall enter into force on the day of its publication in the Official Journal of the 
European Communities. 

Done at Brussels,  

For the Council 
The President 

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ANNEX  

RULES OF PROCEDURE  
of the European Development Fund Committee 

Article 1 

Composition 

The  European  Development  Fund  Committee,  hereinafter  referred  to  as  the  "Committee", 
shall comprise the delegations of the Member States, hereinafter referred to as "delegations", 
and shall be chaired by a representative of the Commission. 

An  observer  from  the  European  Investment  Bank  shall  take  part  in  the  Committee's 
proceedings, with regard to questions concerning the Bank.  

A  representative  of  the  General  Secretariat  of  the  Council  shall  attend  the  meetings  as  an 
observer. 

Article 2 

Referral to the Committee 

1. 

A  referral  shall  be  made  to  the  Committee  in  the  cases  and  according  to  the 
procedures  laid  down  in  Council  Regulation  2007/…/EC  on  the  implementation  of 
the  10th  European  Development  Fund  under  the  ACP-EC  Partnership  Agreement10 
(herewith  referred  to  as  the  "10th  EDF  Implementing  Regulation")  and,  where 
appropriate,  in  Council  Decision  2001/822/EC  of  27  November  2001  on  the 
association  of  the  overseas  countries  and  territories  ("Overseas  Association 
Decision")  as  amended  by  Council  Decision  2007/249/EC  of  19  March  200711.  In 
respect  of  the  responsibilities  conferred  upon  it  by  the  Overseas  Association 
Decision, the Committee shall be referred to as the "EDF-OCT Committee". 

2. 

In addition to the referral cases provided for in paragraph 1: 

(a) 

(b) 

at  each  meeting  the  Commission  shall  submit  to  the  Committee  a  list  of  the 
decisions taken in the preceding period on the basis of Article 11 (2) and 12 of 
the 10th EDF Implementing Regulation; 

the Committee shall be informed as soon as possible of delays or difficulties in 
the implementation of annual action programmes, special support programmes 
and special measures which could result in significant additional commitments 
or substantive changes likely to entail compulsory referral under the provisions 
of the 10th EDF Implementing Regulation. 

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OJ L 109, 26.4.2007, p. 33.  

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1. 

2. 

1. 

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3. 

4. 

1. 

2. 

3. 

Article 3  

Convening a meeting 

The Committee shall be convened by its Chair, either on his or her own initiative or 
at the request of at least 5 Member States. 

Joint meetings of the Committee with other committees may be convened to discuss 
issues of common interest falling within their respective areas of responsibility. 

Article 4 

Agenda 

The Chair shall draw up the draft agenda and submit it to the Committee. 

The agenda shall make a distinction between: 

– 

– 

proposed measures about which the Committee is asked to give an opinion in 
accordance with the management procedures provided for in Article 11 (3) of 
the 10th EDF Implementing Regulation; 

other issues put to the Committee under the terms of Articles 11 (4) and (5) of 
the 10th EDF Implementing Regulation, either on the Chair's initiative or at the 
written request of a Committee Member. 

Any delegation may request the inclusion of an item on the agenda of meetings of the 
Committee. Relevant information on these items may be given orally. 

The agenda shall include approval of the minutes of the previous meeting. 

Article 5 

Documentation to be sent to Committee members 

The  Chair  shall  send  the  invitation  to  the  meeting,  the  draft  agenda  and  proposed 
measures  about  which  the  Committee's  opinion  is  required,  as  well  as  any  other 
working documents to the Committee members via the secretariat in accordance with 
Article 13 §2 , no later than 15 working days before the date of the meeting. 

In urgent cases, and where the measures to be adopted must be applied immediately, 
the Chair may, at the request of a Committee member or on his or her own initiative, 
shorten the period laid down in paragraph 1 to 5 working days before the date of the 
meeting. 

By  way  of  exception,  in  duly  substantiated  cases  of  extreme  urgency  (e.g.  serious 
economic,  social  and  political  circumstances,  natural  disasters  suffered  by  the 
recipient  country,  humanitarian  crisis  or  other  external  circumstances  of  a  similar 
nature requiring a very rapid reaction), the Chair may, at the request of a Committee 
Member  or  on  his  or  her  own  initiative,  depart  from  the  periods  laid  down  in 
paragraphs 1 and 2. 

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4. 

5. 

Paragraphs 2 and 3 of this Article do not apply to Strategy Papers and Multi-annual 
Indicative Programmes and their adjustment as a result of the mid-term and end-of-
term  reviews  referred  to  in  Articles  4  and  5  of  the  10th  EDF  Implementing 
Regulation. 

In the case of proposals submitted to the Committee for its opinion by oral procedure, 
delegations  should  notify  the  secretariat  of  the  Committee  in  writing  at  least  three 
working days before the date of the meeting of:  

– 

– 

those  items  to  which  they  can  already  give  their  assent  in  principle  and  that 
they  propose  including  as  A  items  (with  or  without  comments  or  requests  for 
further information) on the agenda referred to in Article 4(1), and 

those items that they think need discussion and that they propose entering as B 
items. 
Delegations  formulate  any  comments  and  requests  for  further  information  in 
writing and within the same time-limit. 

The  Commission  shall  provide  further  information  and  respond  to  any  comments,  wherever 
possible, in writing and before the meeting of the Committee. 

Article 6 

Transmission of Strategy papers to the Joint Parliamentary Assembly  

In  accordance  with  Article  4  (5)  of  the  10th  EDF  Implementing  Regulation,  the  Committee's 
secretariat  will  transmit  the  Strategy  Papers  to  the  Joint  Parliamentary  Assembly  for 
information at the same time as they are sent to the delegations in the Committee. 

Article 7 

Opinion of the Committee 

1. 

2. 

Where a matter is put to the Committee for its opinion, it shall be discussed under the 
conditions and according to the procedure set out respectively in Article 11 (3) of the 
10th  EDF  Implementing  Regulation  and  in  Article  8  (2)  and  (3)  of  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 
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  applies12 
(hereinafter referred to as "Internal Agreement"). 

When  the  oral  procedure  is  used,  and  a  substantive  change  is  made  or  new  factual 
elements are added to the draft measures during the meeting, the Chair, on his or her 
own  initiative  or  at  the  request  of  a  Member  State,  may  postpone  the  vote  on  a 
particular agenda item until the end of the meeting or a later meeting. 

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OJ L 247, 9.9.2006, p. 32. 

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3. 

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1. 

If, in the situation described in paragraph 2, the Chair does not decide to postpone the 
vote as requested by one (or more) delegation(s), this/these delegation(s) may enter a 
reservation  which  may  be  withdrawn  within  a  maximum  of  three  working  days 
starting  from  the  day  following  the  meeting.  The  Committee's  opinion  shall  be 
recorded  as  definitive  upon  expiry  of  this  period.  The  Commission  shall  inform 
Member  States  of  the  definitive  position  adopted  by  the  Member  State(s)  whose 
delegation(s) entered a reservation in the Committee. 

If  a  delegation  so  requests,  voting  on  an  issue  can  be  postponed  if  the  documents 
relating  to  a  specific  agenda  point  have  not  been  sent  to  members  within  the 
timeframe  laid  down  in  Article  5  (1)  and  (2).  In  that  case,  the  Chair  may  decide  to 
extend  the  period  of  consultation,  but  no  longer  than  the  end  of  the  next  meeting.  If 
necessary, the written procedure provided for in Article 9 of these rules of procedure may 
be applied. 

However, at the proposal of the Chair or at the request of a Committee member, the 
Committee  may  decide  by  a  simple  majority  of  members  to  keep  this  point  on  the 
agenda because of the urgency of the matter. 

In the context of an examination of annual action programmes, any delegation may 
request the withdrawal of a project or programme from the annual action programme. 
If  this  request  is  supported  by  a  blocking  minority  of  delegations,  as  laid  down  in 
Article 9 (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 procedures set out in Article 11 (3) of 
the  10th  EDF  Implementing  Regulation.  Unless  the  Commission,  in  line  with  the 
views  of  the  delegations  in  the  Committee,  wishes  not  to  pursue  the  withdrawn 
project or programme, it shall be re-submitted to the Committee outside the annual 
action programme in the form of a financing proposal which shall then be adopted by 
the Commission in accordance with the management procedures set out in Article 11 
(3) of the 10th EDF Implementing Regulation. 

Article 8  

Exchange of views  

In  accordance  with  Article  11  (4)  of  the  10th  EDF  Implementing  Regulation,  the 
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) of the 10th 
EDF  Implementing  Regulation.  Each  delegation  may  also  call  for  an  exchange  of 
views on the evaluations referred to in Article 15 (2) of the 10th EDF Implementing 
Regulation.  

Each delegation can invite the Commission at any moment to provide the Committee 
with  information  and  to  have  an  exchange  of  views  on  issues  related  to  the  tasks 
described under Article 11 (2) of the 10th EDF Implementing Regulation.  

2. 

Such  exchanges  of  views  may  lead  to  the  formulation  of  recommendations  by  the 
delegations,  which  the  Commission  shall  take  into  account.  The  minutes  of  the 
Committee  shall  reflect  the  interventions  made.  An  intervention  supported  by  a 

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qualified majority of delegations, as laid down in Article 8 §3, in connection with 8 
§2 of the Internal Agreement, shall be recorded as a recommendation.  

Article 9  

Representation and quorum 

Each  delegation  is  considered  to  be  one  Committee  member.  Each  Member  State 
shall decide the composition of its delegation and shall inform the Chair thereof. 

With  the  Chair's  approval,  delegations  may  be  accompanied  by  non-governmental 
experts, at the expense of the Member State concerned. The Chair's approval is based 
on the delegates giving prior written notice to the Secretariat of the Committee that 
they wish to be accompanied for a specific agenda item. If the Chair does not object 
to the participation of an expert in advance of the concerned Committee meeting, the 
permission is considered to be granted.  

A  delegation  may,  if  necessary,  represent  a  maximum  of  one  other  Member  State. 
The Chair of the Committee shall be notified in writing at the latest before the start 
of the meeting by the delegation which is represented. 

The  quorum  required  for  the  deliberations  of  the  Committee  to  be  valid  is  that 
permitting a qualified majority opinion to be issued in accordance with Article 11 (3) 
of the 10th EDF Implementing Regulation. 

Article 10 

Admission of third parties 

The  Chair  may  decide  to  hear  experts  on  specific  points,  at  the  request  of  a 
delegation or on his/her own initiative.  

These experts and those mentioned in Article 7 §2 shall not be present or take part 
when the Committee moves to a vote. 

Article 11  

Written procedure 

Where  proposed  measures  are  subject  to  a  written  procedure,  delegations  have  15 
working days from the sending of the proposals to adopt a position. Any committee 
delegation  who  does  not  express  his  opposition  or  intention  to  abstain  before  the 
deadline laid down in the letter is considered to have given his tacit agreement to the 
proposal; 

In cases of urgency or extreme urgency, the deadlines laid down in Article 5 §2 and 
§3 shall apply. The case of urgency or extreme urgency must be duly substantiated in 
writing by the Commission. The agreement of delegations shall only be established if 
it has been expressly notified. Any absence of notifications within 48 hours will be 
considered as an abstention. 

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3. 

However,  if  a  Committee  member  requests  that the draft measures be considered in 
the  course  of  a  meeting  of  the  Committee,  the  written  procedure  shall  thereby 
terminate and the proposed measures shall be carried over to the next meeting of the 
Committee. 

The Commission informs the Members of the Committee in writing on the outcome 
of a written procedure as soon as the decision in question is adopted. 

Article 12 

Secretarial support 

Secretarial services for the Committee shall be provided by the Commission. 

Article 13 

Minutes and summary report of the meetings 

The  minutes  of  each  meeting  shall  be  drawn  up  under  the  auspices  of  the  Chair  and  shall 
contain the opinions expressed on the proposed  measures and the positions expressed during 
the meeting. The minutes shall be sent to the members of the Committee within 15 working 
days. 

The delegations shall send any written comments they may have on the minutes to the Chair. 
The  Committee  shall  be  informed  of  this;  if  there  are  any  disagreements,  the  proposed 
amendment  shall  be  discussed  by  the  Committee. If the disagreement persists, the proposed 
amendment shall be annexed to the minutes. 

Article 14 

Attendance list 

1. 

2. 

At each meeting, the Chair shall draw up an attendance list specifying the authorities 
or bodies to which the participants belong. The attendance list will be distributed to 
the participants during the course of the meeting. 

At  the  beginning  of  every  meeting,  any  delegation  whose  participation  in  the  work 
constitutes a conflict of interest with regard to a particular point on the Agenda must 
inform  the  Chair  of  this  situation.  Members  of  delegations  who  do  not  belong  to  a 
particular authority or organisation of a Member State must sign a declaration stating 
that their participation does not raise any conflict of interest. 

In  the  event  of  such  a  conflict  of  interest,  the  member  concerned  must  withdraw 
whilst the relevant agenda items are being dealt with, at the request of the Chair. 

Article 15 

Correspondence 

1. 

Correspondence relating to the Committee shall be addressed to the Commission, for 
the attention of the Committee secretariat. 

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2. 

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1. 

Correspondence  addressed  to  delegations  by  the  secretariat  shall  also  be  sent  to  the 
Permanent  Representative  of  the  Member  State  concerned  in  the  most  rapid  and 
reliable electronic way. 

Save  in  exceptional  circumstances,  correspondence  between  the  Commission  and 
delegations shall be sent in both directions by the computerised means provided for. 

Article 16 

Transparency 

The principles and conditions concerning public access to documents which apply to 
the Commission shall apply to the Committee. If such a request is sent to a Member 
State, it must act in accordance with Article 5 of Regulation (EC) No 1049/2001 of 
the European Parliament and of the Council of 30 May 2001 regarding public access 
to European Parliament, Council and Commission documents. 

2. 

The proceedings of the Committee shall be confidential for all participants. 

Article 17 

Running costs 

1. 

2. 

3. 

The  Committee's  running  costs,  including  travel  expenses  for  one  participant  per 
Member State, shall be borne by the Commission. 

The Commission is authorised to refund the accommodation and travel expenses of 
experts invited under Article 8 §1. 

The  Commission  shall  make  available  to  the  Committee  the  premises  and  material 
resources necessary for its work. 

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