2007/792/EC: Decision of the Representatives of the Governments of the Member States meeting within the Council of 26 November 2007 amending Decision No 2005/446/EC setting the deadline for the commitment of the funds of the Ninth European Development Fund (EDF)
Date: 2007-11-26
Institutions: Representatives of the Governments of the Member States
Subjects: ACP countries, EIB loan, European Development Fund, commitment of expenditure, interest rate subsidy, overseas countries and territories

6.12.2007

EN

Official Journal of the European Union

L 320/31

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

CONFERENCE OF THE REPRESENTATIVES
OF THE GOVERNMENTS OF THE MEMBER STATES

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
MEETING WITHIN THE COUNCIL

of 26 November 2007

amending Decision No 2005/446/EC setting the deadline for the commitment of the funds of the
Ninth European Development Fund (EDF)

(2007/792/EC)

THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER
STATES OF THE EUROPEAN COMMUNITIES, MEETING WITHIN THE
COUNCIL,

Having regard to the Treaty
Community,

establishing the European

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 multi-annual 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 (5)
referred to as Tenth EDF Internal
Agreement),

(hereinafter

Having regard to the proposal from the Commission,

Whereas:

Having regard to the Partnership Agreement between the
the African, Caribbean and Pacific Group of
members 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) (here-
inafter referred to as the ACP-EC Partnership Agreement),

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 (Overseas Asso-
ciation Decision) (3), and in particular Article 33a thereof,

the Governments of

Having regard to the Internal Agreement between Represen-
the Member States, meeting
tatives of
within the Council, on the Financing and Administration of
Community Aid under the Financial Protocol to the ACP-EC
Partnership Agreement (4)
referred to as Ninth
EDF Internal Agreement), and in particular Article 2(4) thereof,

(hereinafter

(1)

(2)

the Representatives of

Decision 2005/446/EC of
the
Governments of the Member States meeting within the
Council of 30 May 2005 (6) sets at 31 December 2007
the date beyond which the funds of the Ninth European
referred to as EDF)
Development Fund (hereinafter
managed by the Commission,
subsidies
the interest
managed by the European Investment Bank (hereinafter
referred to as the EIB) and the revenue accruing from the
interest on these appropriations are no longer to be
committed.

Point 4 of Annex Ib (7) (Multi-annual financial framework
for the period 2008 to 2013) to the ACP-EC Partnership
Agreement provides an exception to the general rule for
balances and funds decommitted after 31 December
2007 resulting from the system guaranteeing the stabili-
sation of export earnings
from primary agricultural
products (STABEX) under EDFs prior to the Ninth EDF
and for the remaining balances and reimbursements of
the amounts allocated for the financing of the Investment
Facility, excluding the related interest subsidies.

(1) OJ L 317, 15.12.2000, p. 3.
(2) OJ L 209, 11.8.2005, p. 27.
(3) OJ L 314, 30.11.2001, p. 1. Decision as amended by Decision

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

(4) OJ L 317, 15.12.2000, p. 355.

(5) OJ L 247, 9.9.2006, p. 32.
(6) OJ L 156, 18.6.2005, p. 19.
(7) Annex Ib as contained in Annex to Decision No 1/2006 of the ACP-

EC Council of Ministers (OJ L 247, 9.9.2006, p. 22).

L 320/32

EN

Official Journal of the European Union

6.12.2007

(3)

(4)

(5)

(6)

That same point further provides that funds may still be
committed after 31 December 2007 to ensure the
working ability of the EU administration and to cover
the ongoing costs to sustain running projects until the
Tenth EDF comes into force.

The entry into force of the Tenth EDF may be delayed
beyond 1 January 2008.

Decision 2005/446/EC and point 4 of Annex Ib to the
ACP-EC Partnership Agreement need to be reconciled.

Due to force majeure, the establishment of the projects and
programmes, funded from financial allocations available
under the Ninth EDF after the mid-term review reallo-
cation Decision of the Commission No C(2007) 3856 of
16 August 2007, has been delayed by six months in the
French Overseas Countries and Territories (hereinafter
referred to as OCTs)
in the Pacific Region to which
Part Four of the Treaty applies,

HAVE DECIDED AS FOLLOWS:

Sole Article

Articles 1 and 2 of Decision 2005/446/EC shall be replaced by
the following:

‘Article 1

The date beyond which the funds of the Ninth EDF
1.
managed by the Commission will not be committed shall
be set at 31 December 2007, except for the balances and
funds decommitted resulting from the system guaranteeing
the stabilisation of export earnings from primary agricultural
products (STABEX) under the EDFs prior to the Ninth EDF
and for the balances of the Ninth EDF allocations to finance
the
referred to in the Single Programming
Documents of the French OCTs in the Pacific Region. This
date could be reviewed if need be.

initiatives

export

earnings

2.
Balances and funds decommitted after 31 December
2007 resulting from the system guaranteeing the stabilisation
of
from primary agricultural products
(STABEX) under EDFs prior to the Ninth EDF shall be trans-
ferred to the Tenth EDF and shall be allocated to the indi-
cative programme of the respective ACP States and OCTs.
the Ninth EDF
The date beyond which the funds of

managed by the Commission to finance the initiatives
referred to in the Single Programming Documents of the
French OCTs
in the Pacific Region will no longer be
committed, shall be set at 30 June 2008.

3. When the entry into force of the Tenth EDF falls after
31 December 2007, balances from the Ninth EDF or from
previous EDFs and funds decommitted from projects under
these EDFs may be committed during the period between 31
December 2007 and the entry into force of the Tenth EDF, in
which case they will be used exclusively to ensure the
working ability of the EU administration and to cover the
ongoing costs to sustain running projects until the Tenth EDF
comes into force.

4.
The revenue accruing from the interest on the appro-
priations of the EDF shall be used to cover the costs linked to
implementation of the resources of the Ninth EDF in line
with Article 9 of the Ninth EDF Internal Agreement until
the Tenth EDF comes into force, whereafter they shall be
reserved for support expenditures linked to the EDF as
described in Article 6 of the Tenth EDF Internal Agreement.

Article 2

The date beyond which the interest

1.
rate subsidies
managed by the European Investment Bank (EIB) to provide
resources of the Investment Facility on concessional terms
will not be committed, shall be set at 31 December 2007
or the date of entry into force of the Tenth EDF, whichever is
the later. This date could be reviewed if need be.

The remaining balances and reimbursements of

the
2.
amounts allocated for
the Investment
Facility managed by the EIB, excluding the related interest
subsidies, shall be transferred to the Tenth EDF and shall
remain allocated to the Investment Facility.’

the financing of

Done at Brussels, 26 November 2007.

On behalf of the Governments
of the Member States
The President

J. SILVA