EXPLANATORY MEMORANDUM

The Internal Agreement and Financial Regulation of the 10th EDF provide for a procedure for the calls for contributions to be paid by Member States to finance the EDF. In accordance with Article 57(2) of the 10th EDF Financial Regulation, this proposal covers:

– the ceiling for the annual amount of the contribution for 2014;

– the annual amount of the contribution for 2013; and

– the amount of the first instalment of the contribution for 2013.

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 separately.

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.

In accordance with Article 58(2) of the Financial Regulation calls for contributions should first use up the amounts available from previous EDFs, one after the other. The calls for contributions in this proposal therefore concern amounts under the 9th EDF for the EIB and the 10th EDF for the Commission.

In accordance with Article 57(2) of the 10th EDF Financial Regulation, the Council must decide on this proposal by 15 November 2012 and Member States must pay the first instalment of the contribution at the latest by 21 January 2013.

Article 60(1) of the 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.

2012/0290 (NLE)

Proposal for a

COUNCIL DECISION

on the financial contributions to be paid by Member States to finance the European Development Fund in 2013 and 2014, including the first instalment for 2013

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], ("the Internal Agreement") 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] as last amended on 11 April 2011[3], and in particular Article 57(5) thereof,

Having regard to the proposal from the European Commission,

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 October 2012 specifying the ceiling for the annual amount of the Member States European Development Fund (EDF) contribution for 2014, the annual amount of the contribution for 2013 and the amount of the first instalment of the contribution for 2013

(2)       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.

(3)       Article 58(2) of the 10th EDF Financial Regulation provides that calls for contributions first use up the amounts laid down for previous EDFs. Therefore a call for funds under the 9th EDF should be made for the EIB.

(4)       The Council should decide on this proposal by 15 November 2012, and Member States should pay the first instalment of the contribution for 2013 at the latest by 21 January 2013,

HAS ADOPTED THIS DECISION:

Article 1

The ceiling for the annual amount of the Member States EDF contributions for 2014 is hereby set at EUR 3,250,000,000 for the Commission, and at EUR 360,000,000 for the European Investment Bank.

Article 2

The annual amount of the Member States EDF contributions for the year 2013 is hereby set at EUR 3,100,000,000 for the Commission, and at EUR 250,000,000 for the European Investment Bank.

Article 3

The individual EDF contributions to be paid by the Member States to the Commission and to the European Investment Bank as the first instalment for 2013 are set out in the table in the Annex.

Article 4

This decision is addressed to the Member States.

Done at Brussels,

                                                                       For the Council

                                                                       The President

ANNEX

First instalment of EDF Contributions for 2013 (EUR) || ||

[1]                      OJ L 247, 9.9.2006, p. 32.

[2]               OJ L 78, 19.3.2008, p. 1.

[3]               OJ L 102, 16/04/2011, p. 1.