Proposal for a COUNCIL DECISION fixing the financial contributions to be paid by the Member States to the European Development Fund (third instalment for 2003)

(presented by the Commission)

EXPLANATORY MEMORANDUM

Since the entry into force of the 9th EDF Financial Regulation it is the Council, acting on a proposal from the Commission, that decides on each of the three instalments the Member States have to contribute towards financing the EDF. Member State contributions to the ninth EDF instruments managed by the EIB (European Investment Bank) are paid directly to the Bank. The rest are paid to the Commission.

As required by Article 121 of the said Financial Regulation, the EIB transmitted to the Commission its updated estimates for payments in respect of the instruments it manages.

The present proposal concerns the third call for contributions in the 2003 financial year. In accordance with Article 38(2) of the Financial Regulation for the 9th EDF the timetable laid down for this instalment is as follows: (1) The Commission submits a proposal to the Council by 10 October 2003; (2) the Council takes a decision no later than 21 calendar days after presentation of the proposal; (3) The Member States pay their contributions no later than 21 calendar days after the date on which they are notified of the Council Decision.

Note that Article 40(4) of the 9th EDF Financial Regulation stipulates that a Member State which fails to pay its contribution towards the instalment by the deadline laid down in Article 38(1) will be required to pay interest on the amount unpaid; the arrangements for the payment of interest are specified in the same paragraph.

Proposal for a COUNCIL DECISION fixing the financial contributions to be paid by the Member States to the European Development Fund (third instalment for 2003)

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 (Benin) on 23 June 2000, [1]

[1] OJ L 317 of 15.12.2000, p. 3.

Having regard to the Internal Agreement on the Financing and Administration of Community Aid signed in Brussels on 18 September 2000, [2] and in particular Article 10 thereof,

[2] OJ L 317 of 15.12.2000, p. 355.

Having regard to the Council Decision of 27 November 2001 on the association of the overseas countries and territories with the European Community, [3]

[3] OJ L 314 of 30.11.2001, p. 1.

Having regard to the Financial Regulation of 27 mars 2003 applicable to the 9th European Development Fund, and in particular Article 38(1) thereof,

Having regard to the proposal from the Commission, [4]

[4] OJ C , , p. .

Whereas:

(1) On 28 November 2002 the Commission sent the Council a statement of the payments to be made in 2003 and the schedule of calls for contributions. On 29 December the Council adopted the Decision laying down the 2003 schedule of calls for contributions from the Member States to the EDF.

(2) On the basis of that Decision, the Commission called for contributions of EUR 450 million and EUR 500 million in December 2002 and March 2003 respectively. Thereafter the Council decided that the July 2003 contributions would be EUR 50 million to be paid to the European Investment Bank and EUR 750 million to the Commission.

(3) The third subparagraph of Article 38(2) of the Financial Regulation applicable to the 9th EDF, which entered into force on 2 April 2003, provides that the proposal for the third instalment of the current year shall be presented by the Commission by 10 October.

(4) The same subparagraph stipulates that the Council shall decide on this instalment at the latest by 21 calendar days following the presentation by the Commission of its proposal, and that the Member States shall pay the contributions due under this instalment at the latest by 21 calendar days following the date on which the Council's decision was notified to them.

(5) As required under Article 121(2) of the Financial Regulation applicable to the 9th EDF, the European Investment Bank sent the Commission its updated estimates of commitments and payments.

(6) Article 133(2) and (3) of the Financial Regulation stipulates that the procedure for calling for contributions for the 9th EDF shall also apply to previous EDFs.

HAS ADOPTED THIS DECISION:

Sole Article

The contributions to be paid by the Member States to the Commission and the European Investment Bank as the third instalment for 2003 are set out in the Table in the Annex.

This Decision is addressed to the Member States.

Done at Brussels,

For the Council

The President

ANNEX

Third instalment of contributions for 2003 (in euro)

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