CELEX: 51980PC0402
Language: en
Date: 1980-07-18
Title: DRAFT RULES OF PROCEDURE OF THE EUROPEAN DEVELOPMENT FUND COMMITTEE

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 402
Vol. 1980/0141
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                              COM(80)402     final
                                              Brussels . 18     July. 1980
                          DRAFT RULES OF PROCEDURE
                .OF THE EUROPEAN DEVELOPMENT FUND COMMITTEE
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 ---pagebreak---                      EXPLANATORY MEMORANDUM
              Article 17 of the Internal Agreement on the financing and
administration of Community aid concluded on 20 November 1979 within
the framework of the second Lome Convention establishes , under the
auspices of the Commission , a Committee , called the EDF Committee ,
composed of representatives of the Governments of the Member States .
The role of the Committee is to give , its opinion on project financing
proposals or on action programmes which are submitted to it by the
Commission . The Committee is chaired by a Commission representative
and its secretariate shall be provided by the Commission .
            - Article 17 paragraph 2 of the Internal Agreement declares that
the Council , acting unanimously , shall adopt the rules of procedure of
the EDF Committee . It is thus in this context that this proposal for
rules of procedure is presented .
              Ν
              This proposal takes over the main provisions of the preceding
rules of procedure of the EDF Committee ( Lom£ 1 ).
 ---pagebreak---                                     DRAFT
                          '   RULES OF PROCEDURE
               of the European Development Fund Committee
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
Having regard to the Second ACP-EEC Convention of Lome ,, hereinafter called
the " Convention ", signed on 31 October 1979 ,, and in particular the provisions
thereof on financial and technical cooperation ,
Having regard to the Internal Agreement on the Financing and Administration
of Community aid , signed on 20 November 1979 , hereinafter called the " Internal
Agreement ", and in particular Article 17(1 ) thereof setting up a European
Development Fund Committee , hereinafter called the " Committee ",
                            *
Whereas a Council Decision on the association of the overseas countries and
territories with the European Economic Community , hereinafter called the
" Decision ", is envisaged , and whereas it will inc lude provi sions on financial
and technical cooperation ;
                                      »
Whereas it is for the Council to adopt the Rules of Procedure of the .
Committee ,
HAS ADOPTED THESE RULES OF PROCEDURE :
 ---pagebreak---                                 Article 1
 1.   The Committee shall comprise the delegations of the Member States
      and bs chaired by a representative . of the Commission .
                                          t
      A representative of the European Investment Bank , hereinafter called
      the "Bank ", shall take part in the' Committee 1 s work .
-   ' A representative of the General Secretariat of the Council shall
      attend the Committee 's meetings as an observer .
      The Member States shall inform the Commission and the General
      Secretariat of the Council of the names of the persons authorized
      to exercise the right to vote and of the addresses to which commu­
      nications to the delegations should be sent .
                  ν
      The representatives of the Commission and of the Bank may be assisted
      by officials of their Institutions .
                                Article 2
The Committee shall meet when convened by its Chairman , either on his
own initiative or at the request of a delegation .
                                Article 3
 1.   The Committee shall , under the conditions laid down in Article 17(3 )
      and ( 4) of the Internal Agreement , deliver an opinion :
a)    on financing proposals concerning the projects and programmes referred
      to in Article 93 of the Convention and in the corresponding provisions
      of the Decision as well as the emergency aid referred to in Article 137
      of the Convention which are eligible for financing by means of grants ,
      special loans or the resources of the special financing facility pro­
      vided for in Article 51 of the Convention ;
 ---pagebreak--- b)        on financing proposals for an additional commitment exceeding 15% of
          the initial commitment laid down in the financing decision ;
p)        on proposals for substantial amendments regarding the execution of a
          project for which a commitment has already been made .
 *'                        '                    t
 ,1                                                           "
2,        Pursuant to Article 114(1 ) of the Convention and the corresponding
    5',   provisions of the Decision , financing proposals may deal with multi-
          annual programmes or overall amounts where the financing concerns
          training schemes , micro-project programmes and technical cooperation
        ' and trade promotion schemes . .                                   .. .
                                                          *        <
3.        Similarly, pursuant to Article . 114(2 ) and the corresponding provisions
          of the Decision, financing proposals may deal with sets of projects
          and programmes involving a limited amount in a specific sector .
4.        Financing decisions relating to the programmes and overall amounts
          referred to in paragraph 2 shall be taken by the Chief Authorizing
          Officer . The Committee shall be informed periodically of operations
          undertaken under this heading .
          Financing proposals shall be drawn up by the Commission 's departments in
          accordance with a model laid down by the Committee on a proposal from the
          Commission .
          Pursuant to Article 110(3 ) of the Conventipn and the corresponding
          provisions of the Decision , financing proposals shall include in particul
          an estimated timetable for implementation of the project .
          For projects or programmes eligible, for financing by means of a
          special loan or the special financing facility, a draft mandate to
          be given to the Bank regarding the recovery of the principal and
    .     the interest thereon of special loans or of amounts accorded under
          the special financing facility ; shall be annexed to the financing
          proposal .
Statement on Article 3(5 ) . This model was adopted at the Committee
meetings held on 14 November 1978. and -6 . February 1979 .
 ---pagebreak---                                Article 4
At the meetings of the Committee , each delegation shall give its opinion
on the Commission 's proposals . Should a . delegation have to absent itself
during    a meeting it may , as an exceptional measure , inform the Committee'
secretariat of its position on any of these proposals .
                               Article 5
1.  The Committee shall be informed of any delays or difficulties - in
    executing projects or programmes which might give rise to consulta­
    tions as provided for in Article 3(1 ) ( b ) and ( c ).
2.  The Committee shall also be informed :
a)   in accordance with Article 20 of the Internal Agreement , of requests
    for financing officially submitted to the Commission ;
b)   in accordance with Article 21 of the Internal Agreement , of the results
    of work periodically done by the Commission on the evaluation of pro­
    jects which are being carried out or have been completed .
3.  The information provided in accordance with paragraphs 1 and 2 may be
    discussed if any delegation so requests .                   '     -
                               Article 6
1.  At least three weeks before the date fixed for the meeting the
    Chairman of the Committee shall send to the delegations , the
    Permanent Representations of the Member States , th'e Bank and
    the General Secretariat of the Council a draft agenda in the
    official languages of the Communities , together with the Commis­
    sion 's proposals relating to such agenda .
 ---pagebreak---  Information memoranda drawn up pursuant to Article 5 shall be sent ,
 in the official languages of the Communities , to the delegations ,
the Permanent Representations of the Member States , the Bank and
the General Secretariat of the Council as soon as possible before
the meeting of the Committee .
At least three working days before . the date of the meeting the
delegations shall inform the Committee 's secretariat in writing
of the proposals to which they are already able to agree and which
they propose for entry in part A , with or without observations or
a request for further information , of the agenda referred to in the
first paragraph and of those which it considers should be discussed
at the meeting and which it is proposing for- entry in part B.
By the same date the delegations shall , in the case of the latter
projects , also transmit , wherever possible in writing , their obser­
vations and requests for additional information .
The additional information and the replies to the observations made
will be given , by the Committee 's secretariat , wherever possible in
writing , before the meeting .
On the basis of the above particulars , the Chairman shall draw up
the draft agenda for the meeting and submit it to the delegations for
approval at the start of the meeting . A favourable opinion
shall be delivered by the Committee without discussion on the
financing proposals entered irj part A by all delegations , after
replies have been given to any observations by the delegations or
requests for additional information .
                               Article 7
For the purpose of consulting the Committee , the Chairman may have
recourse to an expedited procedure whereby the three-week period
specified in Article 6C1 ) is reduced to seven days from the date
on which the financing proposals are dispatched . This procedure shall
apply    to projects or programmes of an urgent nature .
Depending on the degree of urgency that is considered to exist ,
the Committee may either take a decision on-the- spot or give its
opinion by means of the written procedure provided for in Article 8
within one as opposed to three weeks or take a decision at its
next meeting .
 ---pagebreak---                                Article 8
1.   The opinion of the Committee may be sought by means of a written
     procedure . Should the Committee not have delivered an unfavourable
     opinion within three weeks , proposal's shall be considered to be
 ; - approved . In the event of the Committee delivering an unfavourable
     opinion , it shall examine the proposals in question at a forthcoming
     meeting .                                           ;.
2,   Notification of recourse to written procedure shall be telexed to
     the relevant bodies .                                             •
                               Artide 9
The following procedures shall apply to the emergency aid referred to
in Article 137 of the Convention :
1.   The financing proposal shall be telexed to the Committee . Should
     the Committee not have delivered an unfavourable opinion within
     two working days , the proposal shall be considered to be approved.'
     In the event of the Committee delivering an unfavourable opinion ,
     it shall examine the proposal in question at its next meeting .
2.   Where the circumstances call for immediate aid , the Commission is
     authorized to commit , up to a ,ceiling of 1 mi llion units of account ,
     the amounts necessary for covering operations of the utmost urgency ,
     without prejudice to the presentation later of any supplementary
     financing proposals .
The Chairman shall inform the Committee forthwith of such commitments .
 ---pagebreak---                               Article 10
1.  The Committee may deliver a favourable opinion on a financing proposal
    subject to amendments . Account shall be taken of these amendments
    when the opinion is placed before the Commission , as provided for
    in paragraph 4 .                    <•
|r The Committee may request that certain points in the appraisal of „
    a project or programme be re-examined . In that event , the financing
    proposal may be submitted to the Committee a second time .
                                                       »             •
3,  Any Member State may request that an item be included on the agenda
    for a Committee meeting . Information supplied regarding the item may
    be given orally .
                            Ν
4.  The opinions' delivered by the Committee shall be forwarded , to the
    Commission by the Chairman .
                              Article 11
In the context-of Article 113(3 ) of the Convention and Article 18(3 ) of
the Internal Agreement , the Committee shall meet as an ad hoc committee
to hear the representatives of the ACP State or States concerned .
                              Article 12
1.  The Commission shall provide the secretariat for the Committee . and
    for the ad hoc Committee referred to in Article 11 .   '
                                                       »
2.  The secretariat shall draw up under the Chairman 's responsibility
    and in the official languages of the Communities , a summary of the
    main conclusions of each meeting of the Committee and of the basic
    positions taken by the delegations , within three weeks at the latest
    of the date of the Committee 's opinion . This summary shall be consi­
    dered final when it has been approved by the Committee either by
    written procedure or at a subsequent meeting . It shall be sent to
    the Commission by the Chairman .
 ---pagebreak---                                                                         8 .-
Each final summary shall be sent to the delegations and Permanent
representations of the Member States , the Bank and the General
Secretariat of the Council .
Whenever the ad hoc Committee meets , a special summary shall be drawn
up, approved and distributed under the same conditions as the summaries'
of meetings of the Committee . If representatives of States other than
those referred to in Article 1(1 ) or representatives of bodies referred
to in Article 94 of the Convention have been granted a hearing at the
meeting of the ad hoc committee,' they shall also receive this special
summary .
                             ^               «
Correspondence concerning the Committee shall be addressed to the
Commission , for the attention of the Chairman of the Committee .
Correspondence addressed to the delegations of Member States shall
also be sent' to the Permanent Representation of the relevant country .
Those attending meetings of the Committee shall be required to observe
the secrecy of the Committee 's work and deliberations . Documents rela­
ting to such work and deliberations may be communicated only to the
relevant departments of the Member States and of the Community Insti­
tutions .
                          Article 13
The operating expenditu re of the Committee and of the ad hoc committee ,
including the travelling expenses of not more than four persons per
Member State or Community Institution delegation , shall be charged
to the General Budget of the European Communities .
                                                    % ■
The Commission shall place at the disposal of the Committee the premises
and facilities necessary for its work .
Done at Brussels ,                             1980
                                     For the Counci I
                                     The President