23.3.2007 EN Official Journal of the European Union L 82/1
COUNCIL REGULATION (EC) No 309/2007
of 19 March 2007
amending the Financial Regulation of 27 March 2003 applicable to the 9th European Development Fund
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community,
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 2000 (1) (ACP-EC Agreement),
Having regard to Decision No 5/2005 of the ACP-EC Council of Ministers of 25 June 2005 on transitional measures applicable from the date of signing to the date of entry into force of the revised ACP-EC Partnership Agreement (2),
Having regard to Council Decision 2001/822/EC of 27 November 2001 on the association of the overseas countries and territories with the European Community (Overseas Association Decision) (3),
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 (4) (Internal Agreement), and in particular Article 31 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the Court of Auditors (5),
Having consulted the European Investment Bank,
Whereas:
(1) On 27 March 2003, the Council adopted the Financial Regulation applicable to the 9th European Development Fund (6), which lays down the legal framework for the financial management of the 9th European Development Fund (EDF).
(2) That Regulation takes into account as a cornerstone Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (7), (General Financial Regulation).
(3) Decision No 2/2002 of the ACP-EC Council of Ministers of 7 October 2002 regarding the implementation of Articles 28, 29 and 30 of Annex IV to the Cotonou Agreement (8) specifies the general regulations and general conditions applicable to works, supply and service contracts financed by the EDF, as well as the rules governing procedure, conciliation and arbitration in relation to such contracts.
(4) This Regulation should anticipate the envisaged amendments to Annex IV of the amended ACP-EC Agreement which will refer in a more generic way to the Community regulations for the tendering procedures and which should be reflected by references to Annex IV in Articles 74, 76, 77 and 78 of the Financial Regulation applicable to the 9th EDF.
(5) It is appropriate to take into account those amendments and the modifications proposed by Regulation (EC, Euratom) No 1995/2006 amending Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities in order to facilitate the implementation of the 9th EDF.
(6) The Financial Regulation applicable to the 9th European Development Fund should therefore be amended accordingly,
The Financial Regulation of 27 March 2003 applicable to the 9th European Development Fund is hereby amended as follows:
1. Article 13(1) shall be replaced by the following:
2. The following subparagraph shall be added to Article 14(1):
3. The following second subparagraph shall be inserted in Article 14(3):
4. In Article 54(3), the first subparagraph shall be replaced by the following:
(a) endorses contracts and programme estimates, as provided for in Article 80(4);
(b) endorses grant agreements.’;
5. In Article 74(1), the first subparagraph shall be replaced by the following:
6. Articles 76, 77 and 78 shall be replaced by the following:
7. In Title V, the heading shall be replaced by the following:
8. Article 80 shall be replaced by the following:
9. Article 81 shall be amended as follows:
(a) The introductory part shall be replaced by the following:
(b) Point (b) shall be replaced by the following:
‘(b) a clear definition and precise delimitation of the powers delegated to the body concerned and the powers retained by the National Authorising Officer;’;
(c) Point (d) shall be replaced by the following:
‘(d) the possibility of ex post review and financial penalties where the granting of funds or award of contracts by the body concerned does not correspond to the procedures laid down at point (c);’.
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
It shall apply for the same period as the Internal Agreement.