CELEX: 52012PC0387
Language: en
Date: 2012-07-10
Title: 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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		52012PC0387
		
			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 /* COM/2012/0387 final - 2012/0188 (NLE) */
			
				
		
		
			
			   	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.
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
applies[1],
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 applies[2], 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)       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.
(2)       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.
(3)       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.
(4)       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.
(5)       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:
Article 1
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 2
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 3
This decision shall apply from the date of
its adoption.
Article 4
This Decision is addressed to the Member
States.
Done at Brussels, 
                                                                       For
the Council
                                                                       The
President
ANNEX 
Second instalment of EDF Contributions for
2012 (EUR)
[1]                      OJ L 317, 15.12.2000, p. 355.
[2]                      OJ L 247, 9.9.2006, p. 32.
[3]               OJ L 78, 19.3.2008, p. 1.