Proposal for a Council Decision of […] concerning the allocation of the funds decommitted from projects under the 9th and previous European Development Funds (EDF) for the purpose of addressing the needs of the most vulnerable population in Sudan
Date: 2010-05-03
Institutions: European Commission
Subjects: EU aid, European Development Fund, Sudan, commitment of expenditure, ethnic conflict, humanitarian aid

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EUROPEAN COMMISSION 

Brussels, 3.5.2010 
COM(2010)195 final 

2010/0104 (NLE) 

Proposal for a 

COUNCIL DECISION 

of […] 

concerning the allocation of the funds decommitted from projects under the 9th and 
previous European Development Funds (EDF) for the purpose of addressing the needs 
of the most vulnerable population in Sudan 

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EXPLANATORY MEMORANDUM 

The Government of Sudan has decided not to ratify the revised Cotonou Agreement. Its non-
ratification  is  due  to  Article  11(6)  where  the  Parties  of  the  Cotonou  Agreement  consent  to 
"seek  to  take  steps  towards  ratifying  and  implementing  the  Rome  Statute  and  related 
instruments".  In  March  2009,  the  International  Criminal  Court  had  issued  an  arrest  warrant 
against Sudanese President Omar al-Bashir over two counts of war crimes and five counts of 
crimes against humanity. 

As a consequence of its non-ratification, Sudan cannot access funds which otherwise would 
have  been  made  available  under  the  10th  EDF  National  Indicative  Programme  with  an 
allocation  of  EUR  297  million,  of  which  EUR  258  million  as  programmable  funds  (A 
envelope) and EUR 39 million for unforeseen needs (B envelope), which are now kept in the 
10th EDF reserve.  

However, the European Union agrees that the current political situation in Sudan, as well as 
the  dramatic  humanitarian  crisis  both  in  Darfur  and  in  South  Sudan,  requires  a  strong 
engagement  of  the  EU,  including  through  the  provision  of  vital  assistance  to  the  Sudanese 
population.  With  elections  in  April  2010  and  a  referendum  on  secession  for  the  South  in 
January 2011, the European Union must act in every way it can as a force in favor of peace 
and  stability  for  Sudan,  including  the  South  of  Sudan  and  Darfur,  and  of  democratic 
transformation across the whole country. The gap left by the non-availability of the 10th EDF 
will seriously reduce the capacity of the EU to assist the population and to help stabilizing the 
country which could have consequences for the wider region. Member States thus requested 
that the European Commission finds innovative solutions to channel funds to the population 
of Sudan. 

In  this  context,  the  European  Commission  proposes  to  use  a  part  of  the  funds  decommitted 
from  any  country  or  region  under  the  9th  and  previous  EDFs  to  this  purpose.  The  overall 
amount of the decommitted funds currently is EUR 186.67 million. Initially, it was foreseen 
to  request  the  use  of  these  funds  in  the  context  of  the  2010  Commission  proposal  for  the 
performance  review  of  the  10th  EDF  by  Council.1  However,  Article  1  (4)  of  the  10th  EDF 
Internal Agreement does not exclude for funds decommitted from the 9th and previous EDFs 
to  be  used  at  any  time,  if  so  decided  by  the  Council  unanimously,  on  a  proposal  by  the 
Commission. This decision would be an exception to the so-called sunset clause provided for 
in  this  article,  as  it  would  use  the  funds  from  the  previous  EDFs.  The  funds  would  be 
allocated on  the basis of  a needs assessment,  to  be jointly  carried out  with  the EU Member 
States in Sudan, and a subsequent financing decision by the European Commission. 

After discussions with the Member States at the ACP Working Party in January and February 
2010,  the  Commission  is  therefore  proposing  the  attached  Council  Decision  allocating  an 
amount of EUR 150 million from the funds decommitted from projects under the 9th EDF and 

1 

According to Art. 1 (10) of the 10th EDF Internal Agreement, "the Council shall, together with the ACP 
States, conduct a performance review (…). The review shall be undertaken on the basis of a proposal to 
be prepared by the Commission in 2010. This performance review shall contribute to a decision on the 
amount of the financial cooperation after 2013". 

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previous EDFs for the purpose of addressing the needs of the most vulnerable population in 
Sudan. 

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2010/0104 (NLE) 

Proposal for a 

COUNCIL DECISION 

of […] 

concerning the allocation of the funds decommitted from projects under the 9th and 
previous European Development Funds (EDF) for the purpose of addressing the needs 
of the most vulnerable population in Sudan 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union,  

Having regard to the proposal from the Commission, 

Having regard to the Internal Agreement between Representatives of the Governments of the 
Member States, meeting within the Council,  on the Financing of Community Aid under the 
Multi-annual Financial Framework for the period 2008 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  applies2,  and  in  particular 
Articles 1 (4) and 6 thereof,  

Whereas: 

(1) 

(2) 

(3) 

(4) 

The  Government  of  Sudan  decided  not  to  ratify  the  revised  Cotonou  Agreement, 
thereby  losing  access  to  the  10th  European  Development  Fund  (EDF)  National 
Indicative  Programme  (NIP)  with  a  total  allocation  of  EUR  294.9  million,  which  is 
now kept in the 10th EDF; 

The  current  political  situation  in  Sudan,  as  well  as  the  humanitarian  crisis  both  in 
Darfur, South Sudan and the Transitional Areas requires  a strong engagement  of the 
European  Union,  including  through  the  provision  of  vital  assistance  to  the  Sudanese 
population. The gap left by the non-availability of the 10th EDF will seriously reduce 
the  capacity  of  the  EU  to  assist  the  population  and  to  help  stabilizing  the  country, 
which could have consequences for the wider region; 

In  order  to  bridge  the  financing  gap  which  will  occur,  it  is  appropriate  to  use  funds 
decommitted from the 9th and previous EDFs; 

The funds should be used to address the needs of the most vulnerable populations in 
Sudan,  in  particular  in  the  war-affected  areas,  including  the  South  of  Sudan  and 

2 

OJ L 247, 9.9.2006, p. 32. 

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Darfur. They will be allocated on the basis of a financing decision to be adopted by the 
Commission; provision should also be made to cover the cost of support measures;  

(5) 

These funds should be managed through centralised and joint management and, for the 
purpose  of  simplification,  according  to  the  implementation  arrangements  for  the  10th 
EDF. 

HAS ADOPTED THIS DECISION 

Article 1 

(1) 

An amount of EUR 150 million from the funds decommitted from projects under the 
9th EDF and previous EDFs is allocated for the purpose of addressing the needs of the 
most  vulnerable  population  in  Sudan.  2%  of  this  amount  is  allocated  for  support 
expenditure by the Commission. 

(2) 

These  funds  shall  be  managed  through  centralised  and  joint  management  in 
accordance with the rules and procedures applicable for the 10th EDF.  

(3) 

This decision shall enter into force on XXXX. 

Done at Brussels, […] 

For the Council 
The President 

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