Proposal for a COUNCIL DECISION on the position to be adopted by the EU within the ACP-EU Council of Ministers regarding a decision to reassign part of the unallocated resources of the 10th European Development Fund (EDF) to Intra-ACP cooperation
Date: 2012-05-08
Institutions: European Commission
Subjects: ACP countries, Africa, development aid, distribution of EU funding, peacekeeping

EUROPEAN COMMISSION 

Brussels, 8.5.2012  
COM(2012) 207 final 

2012/0105 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be adopted by the EU within the ACP-EU Council of Ministers 
regarding a decision to reassign part of the unallocated resources of the 10th European 
Development Fund (EDF) to Intra-ACP cooperation 

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EXPLANATORY MEMORANDUM 

The EU plays an active part in the formulation and implementation of new initiatives to assist 
developing  countries.  Such  initiatives  in  favour  of  ACP  countries  make  a  significant 
contribution  to  poverty  reduction,  which  is  the  main  objective  of  both  the  ACP-EU 
Partnership Agreement and EU's development policy. 

Under the 10th European Development Fund (EDF), Intra-ACP funds have been subject to a 
multi-annual  strategy  for  the  first  time.  Furthermore,  the  revised  ACP-EU  Partnership 
Agreement  stipulates  that  a  Mid-Term  Review  of  the  10th  EDF  Intra-ACP  strategy  shall  be 
carried  out  in  the  light  of  needs  and  performance  and  in  close  collaboration  with  the  ACP 
side.  

Since the initial programming of the 10th EDF Intra-ACP allocation in 2008, new proposals 
have emerged to meet specific needs arising both from ACP countries' existing priorities and 
from  priorities  set  by  the  EU  in  the  context  of  its  development  policy.  The  Intra-ACP  Mid 
Term  Review,  prepared  jointly  with  the  ACP  Secretariat,  confirms  the  validity  of  the  EU's 
general approach to Intra-ACP cooperation and therefore does not foresee any major revision 
of  the  strategy.  However,  requests  for  the  financing  of  new  activities  within  the  existing 
strategic  framework  have  been  put  forward  both  by  the  ACP  Group  and  the  EU  side.  The 
amount initially allocated to intra-ACP cooperation under the 10th EDF (EUR 2700 million) 
has proved insufficient to cover these new needs. 

In  these  circumstances,  and  in  accordance  with  paragraph  6  of  Annex  Ib  to  the  ACP-EU 
Partnership  Agreement,  the  Committee  of  Ambassadors  acting  on  behalf  of  the  Council  of 
Ministers  may  reassign  funds  between  the  allocations  set  out  in  Annex  Ib  in  order  to  meet 
programming requirements under one of such allocations. For calendar reasons and due to the 
urgency to respond to identified needs, this decision ought to be adopted by the forthcoming 
ACP-EU Council of Ministers in June 2012. The Commission therefore proposes, subject to 
the  agreement  of  the  Council,  that  the  ACP-EU  Council  of  Ministers  adopts  the  attached 
decision providing for the transfer of EUR 195 million from the unallocated resources of the 
10th EDF to the intra-ACP envelope.  

The programming of the EUR 195 million is currently subject to discussions between the EU 
and  the  ACP  sides.  The  use  of  the  overall  additional  funds  will  be  approved  by  the 
Commission, following the opinion of the EDF Committee.  

The Commission proposes that EUR 100 million of such financial reallocation be earmarked 
for  replenishment  of  the  African  Peace  Facility  and,  if  deemed  appropriate  by  the  Council, 
that Council conclusions be established accordingly.  

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2012/0105 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be adopted by the EU within the ACP-EU Council of Ministers 
regarding a decision to reassign part of the unallocated resources of the 10th European 
Development Fund (EDF) to Intra-ACP cooperation 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 209 (2) in conjunction with Article 218 (9) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

Article  15  of  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  (hereafter  the  "ACP-EU  Partnership 
Agreement")  signed  in  Cotonou  on  23  June  20001  and  revised  in  Luxembourg  on 
25 June 20052 and in Ouagadougou on 22 June 20103 establishes an ACP-EU Council 
of Ministers with powers to take decisions in accordance with the Agreement.  

In accordance with paragraph 6 of Annex Ib, the Committee of Ambassadors, acting 
on  behalf  of  the  ACP-EU  Council  of  Ministers,  may  reassign  funds  between 
allocations provided for in paragraph 2 of that Annex, in order to meet programming 
requirements under one of such allocations. 

The  balance  of  funds  available  under  the  10th  EDF  envelope  for  Intra-ACP 
cooperation is insufficient to meet the programming requirements that emerged from 
its Mid-Term Review. It is proposed to transfer EUR 195 million from the 10th EDF 
unallocated resources to the envelope for Intra-ACP cooperation so as to allow for the 
financing  of  actions  based  on  both  EU  and  ACP  existing  priorities,  including  a 
replenishment of the African Peace Facility amounting to EUR 100 million.  

(4) 

Due  to  the  meeting  schedule  of  the  ACP-EU  joint  institutions  and  the  need  to  act 
rapidly  to  address  urgent  needs,  this  Decision  should  be  adopted  by  the  ACP-EU 
Council of Ministers in June 2012.  

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OJ L 317, 15.12.2000, p.3. 
OJL 287, 28.10.2005, p.4. 
Provisional  application  from  1  November  2010  by  ACP-EU  Council  Decision  n°  2/2010  of  21  June 
2010, OJ L287, 04.11.2010, p.3 

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(5) 

The  EU's  position  within  the  ACP-EU  Council  of  Ministers  should  therefore  be 
established with a view to adopting a decision to reassign part of the general reserve of 
the 10th EDF to the benefit of the appropriation intended for intra-ACP cooperation. 

HAS ADOPTED THIS DECISION:  

Article 1 

The position of the European Union within the ACP-EU Council of Ministers, on the use of 
the  general  reserve  of  the  10th  European  Development  Fund,  is  based  on  the  attached  draft 
decision of the ACP-EU Council of Ministers. 

Formal and minor changes to the draft Decision of the ACP-EU Council of Ministers may be 
agreed without requiring this Decision including its annex to be amended. 

Article 2 

EUR 100 million out of the EUR 195 million financial reallocation shall be earmarked for the 
African Peace Facility.  

Done at Brussels,  

For the Council 
The President

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ANNEX 

Draft 

DECISION OF THE ACP-EU COUNCIL OF MINISTERS 

on reassigning part of the unallocated resources of the 10th European Development 
Fund (EDF) to Intra-ACP cooperation 

THE ACP-EU COUNCIL OF MINISTERS, 

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 20004 and revised in Luxembourg on 
25 June 20055 and in Ouagadougou on 22 June 20106 (hereinafter referred to as "the ACP-EU 
Partnership Agreement"), and in particular paragraph 6 of Annex Ib thereto, 

Whereas:  

(1) 

(2) 

(3) 

10th  EDF  Intra-ACP  remaining  funds  are  insufficient  to  meet  the  programming 
requirements which emerged from the 10th EDF Intra-ACP Mid-Term Review.  

In order to continue providing a rapid and efficient response to situations of violent 
conflicts in Africa, the replenishment of the African Peace Facility is required. 

To  allow  for  the  financing  of  ACP  Group  and  EU  priorities,  the  necessary  amount 
should  be  transferred  from  the  unallocated  resources  of  the  10th  European 
Development Fund to the envelope for Intra-ACP cooperation.  

(4) 

It is appropriate for the Council to adopt itself the present decision without delay, 

HAS DECIDED AS FOLLOWS: 

Article 1 - Intra-ACP cooperation  

An amount of EUR 195 million shall be transferred from the reserve of the 10th EDF to the 
envelope for intra-ACP cooperation, in accordance with the objectives set out in Articles 11, 
28, 29 and 30 of the ACP-EU Partnership Agreement. 

Article 2 – Financing request 

In accordance with Article 12b (a) of Annex IV to the ACP-EU Partnership Agreement, the 
ACP Council of Ministers requests the Commission to finance the activities proposed by EU 
and ACP sides, and notably to provide additional funding to the African Peace facility for a 
total amount of EUR 100 million. 

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OJ L 317, 15.12.2000, p.3. 
OJ L 287, 28.10.2005, p.4. 
OJ L287, 04.11.2010, p.3 

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

Done at Vanuatu, 

For the ACP-EU Council of Ministers 
The President 

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