COMMUNICATION FROM THE COMMISSION TO 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 European Union aid under the multiannual financial framework for the period 2014 to 2020, in accordance with the ACP-EU Partnership Agreement, and on the allocation of the financial assistance for the Overseas Countries and Territories to which Part Four of the Treaty on the Functioning of the EU applies
Date: 2013-05-24
Institutions: European Commission
Subjects: ACP-EU Convention, European Development Fund, distribution of EU funding, financial aid, interim agreement (EU), overseas countries and territories

EUROPEAN 
COMMISSION 

Brussels, 24.5.2013  
COM(2013) 306 final 

COMMUNICATION FROM THE COMMISSION TO 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 
European Union aid under the multiannual financial framework for the period 2014 to 
2020, in accordance with the ACP-EU Partnership Agreement, and on the allocation of 
the financial assistance for the Overseas Countries and Territories to which Part Four of 
the Treaty on the Functioning of the EU applies 

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COMMUNICATION FROM THE COMMISSION TO 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 
European Union aid under the multiannual financial framework for the period 2014 to 
2020, in accordance with the ACP-EU Partnership Agreement, and on the allocation of 
the financial assistance for the Overseas Countries and Territories to which Part Four of 
the Treaty on the Functioning of the EU applies 

The  Internal  Agreement  establishing  the  eleventh  European  Development  Fund  (11th  EDF) 
should  be  adopted  by  the  Member  States,  meeting  within  the  Council,  in  June  2013.  This 
Internal  Agreement  will  only  enter  into  force  after  ratification  by  all  the  Member  States, 
which may take up to 18 months or more. 
To ensure a timely implementation of the 11th EDF as soon as the resources can be accessed, 
the  appropriate  decision-making  procedures  and  modalities  for  the  programming  and  the 
implementation of the 11th EDF must be in place. To this end, the Commission proposes to 
provide  for  a  provisional  application  of  the  relevant  provisions  of  the  Internal  Agreement 
establishing the 11th EDF. They concern in particular the accession of Croatia to the EU, the 
establishment of the 11th EDF Committee as well as the Investment Facility Committee, the 
adoption of an Implementation Regulation and of a Financial Regulation, and the pursuit of 
financial and operational management. . 
This is the approach that was followed for the transition from the 9th to the 10th EDF1. 

The  Commission  therefore  suggests  that  the  Representatives  of  the  Governments  of  the 
Member States adopt the attached decision. 

1 

OJ L 247, 9.9.2006, p. 30.  

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ANNEX 

Draft  Decision  by  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  European  Union  aid  under  the  multiannual  financial  framework  for  the  period 
2014 to 2020, in accordance with the ACP-EU Partnership Agreement, and on the allocation 
of the financial assistance for the Overseas Countries and Territories to which Part Four of the 
Treaty on the Functioning of the EU applies. 

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

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

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 20002, 

Having regard to the association of the Overseas Countries and Territories with the European 
Union,  

Having regard to the draft submitted by the Commission, 

Whereas: 

(1) 

The Member States, meeting within the Council, have reached a consensus concerning 
an Internal Agreement on the financing of European Union aid to the ACP States and 
to the OCTs under the multiannual financial framework for the period 2014 to 2020. 
This agreement will not enter into force before ratification by each Member State in 
accordance with its own constitutional requirements. 

(2) 

Certain provisions of the Internal Agreement should be applied on a provisional basis 
pending its entry into force, 

HAVE ADOPTED THIS DECISION: 

Article 1 

The  following  provisions  of  the  Internal  Agreement  relating  to  the  eleventh  European 
Development  Fund  shall  be  applied  provisionally  from  the  date  of  the  adoption  of  this 
Decision:  

1.  Article 1 paragraphs (3) and (4);  
2.  Article 1 paragraph (7), in conjunction with Articles 8 and 9, insofar as the Council shall 
adopt the final schedule of contributions to be made by Croatia as well as its final voting 
weight  and  the  new  qualified  majority  and  blocking  minority  rules  after  its  accession  to 
the EU and in accordance with the Internal Agreement; 

2 

OJ  L  317,  15.12.2000,  p.  3.  Agreement  as  amended  by  the  Agreement  signed  in  Luxembourg  on  25  June  2005 
(OJ L 287, 28.10.2005, p. 4) and by the Agreement signed in Ouagadougou on 22 June 2010 (OJ L 287, 4.11.2010, 
p. 3). 

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3.  Articles 8 and 9 for the purpose of establishing the EDF Committee and the Investment 

Facility Committee;  

4.  Articles  10  and  13,  in  conjunction  with  Articles  8  and  9,  insofar  as  necessary  for  the 

continuation of financial and operational management of the EDF. 

Article 2 

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

It shall remain in force until the entry into force of the Internal Agreement. 

Done at Brussels, 

On behalf of the Governments of the Member States 
The President 

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