CELEX: 52012PC0597
Language: en
Date: 2012-10-19
Title: Proposal for a COUNCIL DECISION on the financial contributions to be paid by Member States to finance the 3rd instalment for 2012 of the European Development Fund

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		52012PC0597
		
			Proposal for a COUNCIL DECISION on the financial contributions to be paid by Member States to finance the 3rd instalment for 2012 of the European Development Fund /* COM/2012/0597 final - 2012/0289 (NLE) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
1.           CONTEXT OF THE PROPOSAL
In accordance with Article 57(5) of the 10th
EDF Financial Regulation, this proposal covers the amount of the third
instalment of the contribution for 2012 ("n+1" in the sense of the
procedures laid down in that Article). 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 third instalment of the
contribution at the latest 21 calendar days following the date on which the
Council decision is notified to them.
2.           LEGAL ELEMENTS OF THE PROPOSAL
In accordance with Article 57(7) of the 10th
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 10th
EDF Financial Regulation, the EIB has sent the Commission its updated estimates
of commitments and payments under the instruments it manages.
Article 58(2) of the 10th 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.
Article 60 of the 10th 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.
2012/0289 (NLE)
Proposal for a
COUNCIL DECISION
on the financial contributions to be paid
by Member States to finance the 3rd instalment for 2012 of the European
Development Fund
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 217 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[1], 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")[2],
and in particular Article 57(5) thereof,
Having regard to the proposal from the
Commission,
Whereas:
(1)       Council Decision 12344/12
of 23rd July 2012 on the financial contributions to be paid by
Member States to finance the European Development Fund in 2012, including the 2nd
instalment 2012[3],
has fixed at EUR 2,600,000,000 the Commision'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. 
(2)       In accordance with the
procedure laid down in Article 57(5) of the 10th EDF Financial
Regulation, the Commission is presenting a proposal by 10th October
2012 fixing the amount of the third instalment of the contribution for 2012 and
the individual contributions of the Member states.
(3)       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.
(4)       Article 58(2) of the 10th
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 for the EIB.
(5)       The Council should decide
at the latest 21 calendar days following the presentation by the Commission of
its proposal and Member States should pay the third instalment of the
contribution at the latest 21 calendar days following the date on which the
Council decision is notified to them.
HAS ADOPTED THIS DECISION:
Article 1
The total amount of the third instalement
for 2012 is hereby set at EUR 280,000,000. The individual EDF contributions to
be paid by the Member States to the Commission and the European Investment Bank
as the third instalment for 2012 are set out in the table in the Annex.
Article 2
This decision is adressed to the Member
states .
Done at Brussels, 
                                                                       For
the Council
                                                                       The
President
ANNEX

[1]                      OJ L 247, 9.9.2006, p. 32.
[2]               OJ L 78, 19.3.2008, p. 1.
[3]               Council doc. 12344/12