Explanatory Memorandum to COM(2023)553 - Financial contributions to be paid by the parties to the European Development Fund to finance that fund specifying the ceiling for 2025, the annual amount for 2024, the amount of the first instalment for 2024 and an indicative and non-binding forecast for the expected annual amounts of contributions for the years 2026 and 2027 - Main contents
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| dossier | COM(2023)553 - Financial contributions to be paid by the parties to the European Development Fund to finance that fund specifying the ... |
|---|---|
| source | COM(2023)553 |
| date | 06-10-2023 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
The proposal covers:
– The ceiling amount of the contributions for 2025;
– The annual amount of the contributions for 2024;
– The amount of the first instalment of the contribution for 2024;
– Non-binding forecast for the expected annual amounts of contributions for the years 2026 and 2027.
The 11th EDF and other EDF funds that are still open (the 9th and 10th EDF) are managed under the following set of rules:
(a) the current Partnership Agreement between the members of the African, Caribbean and Pacific (‘ACP’) Group of States on one side, and the European Community and its Member States on the other side (the ‘ACP-EU Partnership Agreement’) as last amended1;
(b) the Internal Agreement between the Representatives of the Governments of the Member States of the European Union, meeting within the Council, on the financing of European Union aid under the multiannual financial framework for the period 2014 to 2020, in accordance with the ACP-EU Partnership Agreement and on the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the Treaty on the Functioning of the European Union applies2 (the 11th EDF ‘Internal Agreement’);
(c) Council Regulation (EU) 2018/1877 on the Financial Regulation applicable to the 11th European Development Fund3 (the ‘11th EDF Financial Regulation’).
(d) Decision No 1/20224 of the ACP-EU Committee of Ambassadors of 21 June 2022 to amend Decision No 3/20195 of the ACP-EU Committee of Ambassadors to adopt transitional measures pursuant to Article 95 i of the ACP-EU Partnership Agreement to further extend the application of the provisions of the ACP-EU Partnership Agreement until 30 June 2023, or until the entry into force of the new Agreement, or the provisional application between the Union and the ACP States of the new Partnership Agreement, whichever comes first;
(e) Council Decision (EU) 2020/2233 concerning the commitment of the funds stemming from reflows under the ACP Investment Facility from operations under the 9th, 10th and 11th European Development Funds6;
(f) Council Decision (EU) 2022/12237 concerning the allocation of funds de-committed from projects under the 10th and 11th European Development Funds for the purpose of financing actions addressing the food security crisis and economic shock in African, Caribbean and Pacific (ACP) countries following Russia’s war of aggression against Ukraine.
The documents referred to in points (a) to (f) contain multi-annual commitments by the parties to support the EDF treasury financially. The 11th EDF Financial Regulation provides for regular contributions to be made by the parties to the EDF treasury against pre-determined financial commitments. Regular contributions are triggered by technical Council Decisions that reflect the implementation of financial commitments previously decided.
Some of the headings in the explanatory memorandum are therefore not applicable to regular contribution calls such as this one.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
In accordance with Article 19(2) of the 11th EDF Financial Regulation, the Council must decide on this proposal at the latest by 15 November 2023.