Proposal for a COUNCIL DECISION on the financial contributions to be paid by the Member States to finance the European Development Fund in 2012, including the 2nd instalment 2012
Date: 2012-07-10
Institutions: European Commission
Subjects: European Development Fund, European Investment Bank, Member States' contribution, financial aid, financing of aid

EUROPEAN COMMISSION 

Brussels, 10.7.2012  
COM(2012) 387 final 

2012/0188 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the financial contributions to be paid by the Member States to finance the European 
Development Fund in 2012, including the 2nd instalment 2012 

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EXPLANATORY MEMORANDUM 

In accordance with Article 57(3) of the EDF Financial Regulation, this proposal covers: 

the amount of the second instalment of the contribution for 2012 ("n+1" in the sense of the 
permanent procedures laid down in that Article); 

In  accordance  with  Article  57(7)  of  the  EDF  Financial  Regulation,  the  amount  managed  by 
the Commission and the amount managed by the EIB are specified for each. 

In  accordance  with  Article  145  of  the  EDF  Financial  Regulation,  the  EIB  has  sent  the 
Commission  its  updated  estimates  of  commitments  and  payments  under  the  instruments  it 
manages. 

In accordance with Article 57(3) of the EDF Financial Regulation, the Council must decide on 
this proposal at the latest 21 calendar days following the presentation by the Commission of 
its  proposal  and  Member  States  must  pay  the  second  instalment  of  the  contribution  at  the 
latest 21 calendar days following the date on which the Council decision is notified to them. 

Article 58(2) of the EDF Financial Regulation provides that calls for contributions first use up 
the amounts laid down for previous EDFs, one after the other. The calls for contributions in 
this proposal therefore concern amounts under the 10th EDF for the Commission and under 
the 9th EDF for the EIB. 

Note that Article 60(1) of the EDF Financial Regulation provides that a Member State which 
fails  to  pay  the  instalment  of  the  contribution  due  by  the  deadline  will  be  required  to  pay 
interest on the amount unpaid; the arrangements for the payment of interest are specified in 
the same Article. 

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2012/0188 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the financial contributions to be paid by the Member States to finance the European 
Development Fund in 2012, including the 2nd instalment 2012 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the Internal Agreement between Representatives of the Governments of the 
Member  States,  meeting  within  the  Council,  on  the  Financing  and  Administration  of 
Community  Aid  under  the  Financial  Protocol  to  the  Partnership  Agreement  between  the 
African,  Caribbean  and  Pacific  States  and  the  European  Community  and  its  Member  States 
signed in Cotonou (Benin) on 23 June 2000 and the allocation of financial assistance for the 
Overseas  Countries  and  Territories  to  which  Part  Four  of  the  EC  Treaty  applies1,  and  in 
particular Article 10(1) thereof, 

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  applies2,  and  in  particular 
Article 7 thereof, 

Having  regard  to  the  Council  Regulation  (EC)  No  215/2008  of  18  February  2008  on  the 
Financial Regulation applicable to the 10th European Development Fund (hereinafter referred 
to as "the 10th EDF Financial Regulation")3, and in particular Article 57 (3) thereof, 

Whereas: 

(1) 

(2) 

In  accordance  with  the  procedure  laid  down  in  Articles  57  to  61  of  the  10th  EDF 
Financial  Regulation  ,  the  Commission  should  present  a  proposal  by  15  June 
specifying (a)  the  amount of the second instalment of the contribution for 2012, and 
(b) a revised annual amount of the contribution for the year n + 1 in line with actual 
needs,  in case  where,  in accordance  with  Article  7(3) of the Internal Agreement, the 
annual amount deviate from actual needs. 

The Council has adopted on the 18th of November 2011, on a proposal made by the 
Commission, the decision to fix at EUR 3.600.000.000 the Commission's share and at 
280.000.000 the EIB's share of the annual amount of the Member States contributions 
to the EDF for 2012. 

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3 

OJ L 317, 15.12.2000, p. 355. 
OJ L 247, 9.9.2006, p. 32. 
OJ L 78, 19.3.2008, p. 1. 

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(3) 

(4) 

(5) 

In  accordance  with  Article  7(3)  of  the  10th  EDF  Internal  Agreement,  if  the 
contributions decided deviate from EDF's actual needs, the Commission should submit 
a proposal to the Council to amend the contribution amounts within the ceiling already 
decided.  Due  to  lower  than  forecasted  payments  in  2011  and  the  fact  that  a 
considerable cash balance was carried over from 2010, The Commission evaluates that 
it is justified to reduce its request to EUR 2.600 million Therefore, a revised amount of 
the  Member  States  contributions  to  the  EDF  for  2012  allocated  to  the  Commission 
should be set at 2.600.000.000 EUR. 

In  accordance  with  the  first  paragraph  of  Article  145  of  the  10th  EDF  Financial 
Regulation,  the  European  Investment  Bank  has  sent  the  Commission  its  updated 
estimates of commitments and payments under the instruments it manages. 

Article 58(2) of the 10th European Development Fund (hereafter "the EDF") Financial 
Regulation provides that calls for contributions first use up the amounts provided for 
previous EDFs. Therefore a call for funds under the 9th EDF should be made also on 
the basis of Article 58 (2) of the 10th EDF Financial Regulation for the EIB, 

HAS ADOPTED THIS DECISION: 

The annual amount of the Member States contributions to the EDF for 2012 is hereby set at 
2.880.000.000 EUR (2.600.000.000 for the Commission and 280.000.000 for the EIB). 

Article 1 

The individual EDF contributions to be paid by the Member States to the Commission and the 
EIB as the second instalment for 2012 are set out in the table in the Annex. 

Article 2 

This decision shall apply from the date of its adoption. 

Article 3 

Article 4 

This Decision is addressed to the Member States. 

Done at Brussels,  

For the Council 
The President 

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Second instalment of EDF Contributions for 2012 (EUR) 

ANNEX  

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