Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs and International Development,
Considering the Constitution, in particular articles 52 to 55;
Vu la Act No. 2014-1755 of 30 December 2014 authorizing the approval of the internal agreement between the representatives of the Governments of the Member States of the European Union, gathered within the Council, on the financing of the assistance of the European Union under the multi-year financial framework for the period 2014-2020 in accordance with the ACP-EU partnership agreement and the allocation of financial aids to overseas countries and territories to which the provisions of the fourth part of the European Treaty on the operation of the European Union apply;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
In view of Decree No. 2003-348 of 7 April 2003 on the publication of the partnership agreement between the members of the group of African, Caribbean and Pacific States, on the one hand, and the European Community and its member States, on the other, signed in Cotonou on 23 June 2000;
Vu le Decree No. 2009-819 of 1 July 2009 publishing the agreement amending the partnership agreement, signed in Cotonou on 23 June 2000, between the members of the group of African, Caribbean and Pacific States, on the one hand, and the European Community and its member States, on the other, signed in Luxembourg on 25 June 2005;
Vu le Decree No. 2009-820 of 1 July 2009 issuing the internal agreement between the representatives of the governments of the Member States, gathered within the Council, on the financing of the Community's aids under the multi-year financial framework for the period 2008-2013 in accordance with the ACP-EC partnership agreement and the allocation of financial aids to overseas countries and territories to which the provisions of Part IV of the EC Treaty, signed in Brussels on 17 July 2006 apply;
Vu le Decree No. 2009-1466 of 1 December 2009 publishing the Lisbon Treaty amending the Treaty on the European Union and the Treaty establishing the European Community, signed in Lisbon on 13 December 2007, and related acts,
Decrete:
The internal agreement between the representatives of the Governments of the Member States of the European Union, gathered within the Council, concerning the financing of the assistance of the European Union under the financial framework for the period 2014-2020 in accordance with the ACP-EU partnership agreement and the allocation of financial aids to overseas countries and territories to which the provisions of the fourth part of the Treaty on the operation of the European Union, signed June 24, 2013
The Prime Minister and the Minister for Foreign Affairs and International Development are responsible, each with respect to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
A C C O R D I N T E R N E
THE REPRESENTATIVE OF THE GOVERNMENTS OF THE EUROPEAN MEETING, RELATING TO THE FINANCING OF THE EUROPEAN UNION
THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION,
Considering the Treaty on the European Union,
Considering the Treaty on the Functioning of the European Union,
After consultation with the European Commission,
After consultation with the European Investment Bank,
Considering the following:
(1) The partnership agreement between the members of the group of African, Caribbean and Pacific States, on the one hand, and the European Community and its member States, on the other hand, signed in Cotonou on 23 June 2000 [1], initially amended in Luxembourg on 25 June 2005 [2] and amended, for the second time, in Ouagadougou on 22 June 2010 [3] (hereinafter referred to as the "Financial Partnership Agreement defined for five years"), provides that
(2) On 17 July 2006, the representatives of the governments of the Member States, gathered in the Council, adopted an internal agreement on the financing of the Community's aids under the multi-year financial framework for the period 2008-2013, in accordance with the ACP-EC partnership agreement and the allocation of financial aids to overseas countries and territories to which the provisions of Part IV of the EC Treaty apply [4].
(3) Decision 2001/822/EC of the Council of 27 November 2001 on the association of overseas countries and territories to the European Community [5] (hereinafter referred to as the "out-sea association decision") applies until 31 December 2013. A new decision must be adopted before that date.
(4) In order to implement the ACP-EU partnership agreement and the overseas association decision, it is necessary to establish an 11th European Development Fund (EDF) and to set out the modalities of its staffing and the contributions of Member States to it.
(5) In accordance with Annex I b of the ACP-EU Partnership Agreement, the Union and its member states, together with the group of African, Caribbean and Pacific States (hereinafter referred to as "ACP States"), carried out an estimate of the results, assessing the level of implementation of commitments and disbursements.
(6) The rules on financial cooperation management should be established.
(7) It is necessary to establish a committee of representatives of the governments of the Member States to the Commission (hereinafter referred to as the "FED Committee") and a committee of the same nature to the European Investment Bank (EIB). The action of the Commission and the EIB to implement the ACP-EU partnership agreement and the corresponding provisions of the overseas association decision should be harmonized.
(8) The Union's development cooperation policy is governed by the Millennium Development Goals adopted by the United Nations General Assembly on 8 September 2000, and their possible subsequent amendments.
(9) On 22 December 2005, the Council and the representatives of the governments of the Member States gathered in the Council, the European Parliament and the Commission adopted a joint statement on the development policy of the European Union entitled: European consensus [6].
(10) On 9 December 2010, the Council adopted the conclusions on mutual accountability and transparency: fourth chapter of the EU operational framework on aid effectiveness. These conclusions were added to the consolidated text of the operational framework on aid effectiveness in which the agreements agreed under the Paris Declaration on Aid Effectiveness (2005), the EU Code of Conduct on Complementarity and the Division of Labour in Development Policy (2007) and the EU Guidelines for the Accra Programme of Action (2008) were reaffirmed. On 14 November 2011, the Council adopted a common position of the EU, including the guarantee of EU transparency, as well as other aspects of transparency and accountability, with a view to the fourth high-level forum on the effectiveness of Busan's aid (South Korea), which, inter alia, gave rise to the Busan outcome document. The Union and its Member States approved the Busan outcome document. On 14 May 2012, the Council adopted conclusions entitled "Increasing the impact of EU development policy: a programme for change" and "The future approach to EU budgetary support for third countries".
(11) The objectives for official development assistance (ODA) referred to in the conclusions cited in consideration 10. In the reports on expenditures made under the 11th EDF, prepared for member states and the OECD Development Assistance Committee, the Commission should distinguish between activities that fall under ODA and those that do not fall within the scope of the EDF.
(12) On 22 December 2009, the Council adopted conclusions on EU relations with overseas countries and territories (PTOM).
(13) The application of this Agreement should be in accordance with Council Decision 2010/427/EU of 26 July 2010 establishing the organization and operation of the European External Action Service [7].
(14) In order to avoid funding interruptions between March and December 2020, it is necessary to ensure that the period of application of the 11th FED multi-year financial framework is identical to that of the multi-year financial framework for the period 2014-2020 applicable to the Union's general budget. As a result, it is preferable to set as of 31 December 2020 the deadline for the 11th EDF funding commitments rather than 28 February 2020, which is the deadline for the implementation of the ACP-EU partnership agreement.
(15) In line with the fundamental principles set out in the ACP-EU Partnership Agreement, the objectives pursued by the 11th EDF are: poverty eradication, sustainable development and the progressive integration of ACP States into the world economy. Particular treatment should be given to the least developed countries.
(16) In order to strengthen socio-economic cooperation between the Union's ultra-peripheral regions and the ACP States, as well as with the PTOM, the Caribbean, West Africa and the Indian Ocean, the regulations relating to the European Regional Development Fund and European territorial cooperation should provide for the strengthening of allocations for the period 2014-2020 for such cooperation between them,
AGAINST WHO ITS:
Article 1
11th FED Resources
1. The Member States set up an Eleventh European Development Fund, the "11th EDF".
2. The 11th FED is equipped with:
(a) An amount of 30,506,000 euros (current prices), financed by member States, as follows:
| Belgium | 3,249 27 | 991 222 306 |
| Bulgaria | 0.218 53 | 66 664 762 |
| Czech Republic | 0.797 45 | 243 270 097 |
| Denmark | 1,980 45 | 604 156 077 |
| Germany | 20.579 8 | 6 278 073 788 |
| Estonia | 0.086 35 | 26 341 931 |
| Ireland | 0.940 06 | 286 774 704 |
| Greece | 1.507 35 | 459 832 191 |
| Spain | 7,932 48 | 2 419 882 349 |
| France | 17,812 69 | 5 433 939 212 |
| Croatia (*) | 0.225 18 | 68 693 411 |
| Italy | 12.530 09 | 3 822 429 255 |
| Cyprus | 0.111 62 | 34 050 797 |
| Latvia | 0.116 12 | 35 423 567 |
| Lithuania | 0.180 77 | 55 145 696 |
| Luxembourg | 0.255 09 | 77 817 755 |
| Hungary | 0.614 56 | 187 477 674 |
| Malta | 0.038 01 | 11 595 331 |
| Netherlands | 4.776 78 | 1 457 204 507 |
| Austria | 2.397 57 | 731 402 704 |
| Poland | 2,007 34 | 612 359 140 |
| Portugal | 1.196 79 | 365 092 757 |
| Romania | 0.718 15 | 219 078 839 |
| Slovenia | 0.224 52 | 68 492 071 |
| Slovakia | 0.376 16 | 114 751 370 |
| Finland | 1.509 09 | 460 362 995 |
| Sweden | 2.939 11 | 896 604 897 |
| United Kingdom | 14.678 62 | 4 477 859 817 |
| Total | 100,000 00 | 30 506 000 |
| (*) Estimated amount. | ||
The amount of €30,506 million is made available from the entry into force of the multi-year financial framework for the period 2014-2020. On this sum:
(i) 29,089 million euros are allocated to ACP States;
(ii) €364.5 million is allocated to PTOM;
(iii) 1,052 million euros are allocated to the Commission to finance the aid costs referred to in Article 6, related to the programming and implementation of the 11th EDF; of which at least €76.3 million is to be allocated to the Commission for measures to strengthen the impact of the EDF programmes referred to in Article 6, paragraph 3;
(b) With the exception of grants for the financing of interest bonuses, the funds referred to in Annexes I and I b of the ACP-EU Partnership Agreement and the IIA and IIA Annexes have the overseas association decision and allocated under the 9th and 10th EDF to finance the resources of the Investment Facility are not affected by Decision 2005/446/EC [8] nor by paragraph 5 of the EFA Partnership Agreement These funds are transferred to the 11th EDF and managed in accordance with the terms and conditions for the execution of the latter, as far as the funds referred to in Annexes I and I b of the ACP-EU Partnership Agreement are concerned, the date of entry into force of the multi-year financial framework for the period 2014-2020 under the ACP-EU Partnership Agreement, and, with respect to the funds referred to in the IIA and IIA annexes, the decision
3. Relics of the 10th EDF or the previous EDF are no longer engaged beyond 31 December 2013 or the date of entry into force of the multi-year financial framework for the period 2014-2020 if that date is later, unless the Council unanimously decides, on the proposal of the Commission, otherwise decides, with the exception of relics and disbursed funds after the relevant date and derived from the previous system to guarantee
4. The disbursed funds of projects under the 10th EDF or the previous EDF are no longer engaged after 31 December 2013 or after the date of entry into force of the multi-year financial framework for the period 2014-2020 if that date is later, unless the Council unanimously ruling, on the proposal of the Commission, decides otherwise, with the exception of funds disbursed after the relevant date and resulting from the previous system to guarantee
5. The total resources for the 11th EDF cover the period from 1 January 2014 to 31 December 2020. The funds of the 11th EDF and, in the case of the Investment Facility, the funds from repayments are no longer committed beyond 31 December 2020, unless the Council unanimously decides, on the Commission's proposal, that they do not decide otherwise. However, the funds subscribed by Member States under the 9th, 10th and 11th EDF to finance the Investment Facility remain available after December 31, 2020, up to a date to be set out in the financial regulations referred to in Article 10, paragraph 2.
6. Revenues from the interest generated by the transactions funded under the commitments made under the previous EDF and the funds of the 11th EDF, which are managed by the Commission, are credited to one or more bank accounts opened on behalf of the Commission and are used in accordance with the provisions of Article 6. The use of interest income generated by the funds that are managed by the EIB is determined under the financial regulations referred to in section 10, paragraph 2.
7. If a State adheres to the Union, the amounts and keys of contribution referred to in paragraph 2 (a) shall be amended by a unanimous decision of the Council on the proposal of the Commission.
8. An adjustment of financial resources may be effected by a unanimous decision of the Council, including to act in accordance with Article 62, paragraph 2, of the ACP-EU Partnership Agreement.
9. Any Member State may, without prejudice to the rules and procedures established in Article 8, provide voluntary contributions to the Commission or the EIB in support of the objectives set out in the ACP-EU Partnership Agreement. Member States may also co-finance projects or programmes, for example through specific initiatives managed by the Commission or the EIB. The appropriation of these initiatives by ACP States at the national level is guaranteed.
The regulations and financial regulations referred to in Article 10 contain the necessary provisions for co-financing by the 11th EDF, as well as for co-financing activities implemented by the Member States. Member States shall inform the Council of their voluntary contributions in advance.
10. The Union and its Member States shall carry out an estimate of the results, assessing the level of implementation of commitments and disbursements, and the results and consequences of the aid provided. This estimate is based on a Commission proposal.
Article 2
Resources allocated to ACP States
The envelope of 29,089 million euros, referred to in Article 1, paragraph 2, (a) (i), is divided between the various instruments of cooperation as follows:
(a) The amount of €24,365 million for the financing of national and regional indicative programmes. This envelope shall be used to finance:
(i) National indicative programmes of ACP States, in accordance with Articles 1 to 5 of Annex IV of the ACP-EU Partnership Agreement;
(ii) Regional indicative programmes to support regional and interregional cooperation and integration of ACP States, in accordance with Articles 6 to 11 of Annex IV of the ACP-EU Partnership Agreement;
(b) The amount of €3,590 million to finance intra-ACP and interregional cooperation involving many ACP States or all of them, in accordance with Articles 12 to 14 of Annex IV of the ACP-EU Partnership Agreement. This envelope may include structural support to institutions and bodies established under the ACP-EU Partnership Agreement. This envelope covers the ACP Secretariat's operating expenditures referred to in paragraphs 1 and 2 of Protocol 1 annexed to the ACP-EU Partnership Agreement;
(c) A portion of the resources referred to in (a) and (b) may be used to cover unforeseen needs and to mitigate the short-term negative consequences of exogenous shocks, in accordance with Articles 60, 66, 68, 72, 72 bis and 73 of the ACP-EU Partnership Agreement and Articles 3 and 9 of Annex IV of the Agreement, including, where appropriate, to cover short-term humanitarian and emergency assistance, where such support is not provided
(d) The amount of €1,134 million allocated to the EIB to finance the Investment Facility, in accordance with the financing methods and conditions set out in Appendix II of the ACP-EU Partnership Agreement. This amount includes a contribution of 500 million euros, in addition to the resources of the Investment Facility, managed as a working capital, and 634 million euros, in the form of non-refundable assistance to finance interest bonuses and technical assistance related to the project provided for in Articles 1st, 2 and 4 of Schedule II to the ACP-EU Partnership Agreement on the period covered by the EDF.
Article 3
Resources for OMPs
1. The amount of 364.5 million euros referred to in Article 1(2)(a)(ii) is allocated on the basis of a new overseas association decision to be taken by the Commission before 31 December 2013. Of this amount, €35.5 million is used to fund territorial and regional programs and €5 million is allocated to the EIB to finance interest enhancements and technical assistance, in accordance with the new overseas association decision.
2. If a PTOM becomes independent and adheres to the ACP-EU Partnership Agreement, the amount referred to in paragraph 1, namely 364.5 million euros, is reduced and the amounts indicated in Article 2, point (a) (i), are increased correlatively, by a decision of the Council unanimously ruling on the Commission's proposal.
Article 4
EIB loans on its own resources
1. The amount allocated to the 9th, 10th and 11th EDF investment Facility referred to in Article 1, paragraph 2, item (b), and the amount referred to in Article 2, item (d), is added to a maximum indicative sum of € 2,600 million in the form of loans granted by the EIB on its own resources. These resources are allocated for the purposes set out in Appendix II of the ACP-EU partnership agreement up to 2,500 million euros that can be increased by a decision to be taken by the EIB's governing bodies and up to 100 million euros for the purposes set out in the overseas association decision, in accordance with the conditions set out in its Articles of Association and the modes and conditions of financing of the applicable EU partnership agreement
2. The Member States undertake to extend their support to the EIB, on the basis of their subscription to its capital, by waiving for discussion, for all financial commitments arising from the EIB's loan contracts on its own resources pursuant to Article 1, paragraph 1, of Annex II to the ACP-EU Partnership Agreement and the corresponding provisions of the overseas association decision.
3. The bond referred to in paragraph 2 is limited to 75% of the total amount of EIB appropriations for all loan contracts and covers all risks associated with public sector projects. For private sector projects, bonding covers all political risks, but the EIB assumes all commercial risk.
4. The commitments referred to in paragraph 2 are subject to bail contracts between each of the Member States and the EIB.
Article 5
EIB-managed operations
1. Payments made to the EIB as part of the special loans granted to ACP States, PTOMs and overseas French departments, as well as the revenues and revenues of venture capital transactions, under the EDF prior to the 9th EDF, return to the Member States on the pro-rata of their contribution to the EDF whose sums are derived, unless the Council decides unanimously, on the proposal of the Commission, to assign the Member States to
2. The Commissions due to the EIB for the management of loans and operations referred to in paragraph 1 shall be deducted from the amounts to be allocated to Member States.
3. The EIB's revenues and revenues on transactions carried out in the context of the 9th, 10th and 11th EDF investment facility are allocated to other transactions carried out under the Investment Facility, in accordance with Article 3 of Appendix II of the ACP-EU partnership agreement and after deduction of the exceptional expenses and expenses incurred by the Investment Facility.
4. The EIB shall be paid, in accordance with a cost-recovery formula, for the management of transactions under the Investment Facility referred to in paragraph 3, in accordance with Article 3, paragraph 1, point (a), of Annex II of the ACP-EU Partnership Agreement and the relevant provisions of the overseas association decision.
Article 6
Resources reserved for the Commission's assistance expenditures related to the EDF
1. The resources of the 11th EDF cover the costs of aid measures. The resources referred to in section 1, paragraph 2, point (a) (iii), as well as section 1, paragraph 6, relate to the costs associated with the programming and implementation of the EDF, which are not always covered by the multi-year strategic documents and indicative programmes referred to in the Regulations to be adopted under section 10, paragraph 1, of this Agreement. The Commission provides information on how these resources are spent every two years and on additional efforts to achieve efficiency savings and gains. The Commission shall inform Member States of any additional amounts from the Union budget to implement the EDF.
2. Resources for assistance measures may cover the Commission's expenses related to:
(a) The preparation, monitoring, monitoring, auditing, auditing and evaluation activities, including the development of results reports, which are directly necessary for the programming and implementation of the EDF resources;
(b) To achieve the objectives of the EDF, through research activities in the areas of development policy, studies, meetings, information, awareness-raising, training and publication, including information and communication actions that include the results of the EDF programs. The budget allocated for communication under the agreement also covers internal communication of the Union's political priorities relating to the EDF; and
(c) To IT networks for the exchange of information, as well as any other administrative or technical assistance expenditure for the programming and implementation of the EDF.
The resources referred to in Article 1, paragraph 2, item (a) under (iii), and Article 1, paragraph 6, also include administrative support costs at the headquarters and in the Union delegations generated by the programming and management of the actions financed under the ACP-EU partnership agreement and the overseas association decision.
The resources referred to in Article 1, paragraph 2, point (a) under (iii), and Article 1, paragraph 6, are not allocated to the basic tasks of the European public service.
3. Resources for assistance measures to enhance the impact of the EDF programs referred to in Article 1, paragraph 2, (a) (iii), include the Commission's expenditures on the implementation of a results-based global framework, as well as enhanced monitoring and evaluation of the EDF programs starting in 2014. These resources also support the Commission's efforts to improve the management and financial programming of the EDF through the preparation of periodic reports on progress made.
Article 7
Contributions to the 11th EDF
1. The Commission shall determine and communicate to the Commission, by 20 October of each year no later than 20 October, the status of commitments and payments and the annual amount of appeals for contributions for the current year and the following two, taking into account the EIB's forecasts for the management and operation of the Investment Facility. These amounts depend on the ability to actually disburse the proposed resources.
2. Upon a proposal by the Commission, specifying the respective shares of the Commission and the EIB, the Commission shall, by the qualified majority provided for in Article 8, decide on the ceiling of the annual contribution for the second fiscal year following the Commission's proposal (n + 2) and, within the limits of the ceiling set out in the previous year, on the annual amount of appeals for contributions for the first fiscal year following the Commission's proposal (n + 1).
3. If it appears that the contributions made pursuant to paragraph 2 deviate from the real needs of the 11th EDF for the fiscal year in question, the Commission proposes to the Council a change in the contributions, within the limits of the ceiling referred to in paragraph 2. In this regard, the Council shall then rule by a qualified majority under section 8.
4. Appeals to contributions may not exceed the ceiling referred to in paragraph 2; the ceiling may not be increased unless the Council, by a qualified majority referred to in section 8, decides on the ceiling in the event of special needs due to exceptional or unforeseen circumstances, for example in the aftermath of crises. In this case, the Commission and the Commission ensure that contributions are in line with the planned payments.
5. The Commission shall communicate to the Commission, by 20 October of each year, its estimates of commitments, disbursements and contributions for each of the following three years, taking into account the EIB's forecasts.
6. For funds transferred from previous EDFs to the 11th EDF in accordance with Article 1, paragraph 2 (b), contributions from each Member State shall be calculated on a pro rata basis of its contribution to the EDF concerned.
With respect to the funds of the 10th FED and the previous FEDs not transferred to the 11th FED, the consequences for the contribution of each Member State are calculated on the pro rata of its contribution to the 10th FED.
7. The terms and conditions for payment of contributions from Member States are determined by the financial regulations referred to in Article 10, paragraph 2.
Article 8
The Committee of the European Development Fund
1. It is established with the Commission, for the resources of the 11th EDF it manages, a committee (hereinafter referred to as the "FED Committee") composed of representatives of the governments of the Member States. The EDF Committee is chaired by a representative of the Commission; its secretariat is provided by the Commission. An observer from the EIB participates in the work of the EIB Committee on Issues.
2. The voices of member states in the EDF committee are affected by the following weight:
| Belgium | 33 |
| Bulgaria | 2 |
| Czech Republic | 8 |
| Denmark | 20 |
| Germany | 206 |
| Estonia | 1 |
| Ireland | 9 |
| Greece | 15 |
| Spain | 79 |
| France | 178 |
| Croatia (*) | [2] |
| Italy | 125 |
| Cyprus | 1 |
| Latvia | 1 |
| Lithuania | 2 |
| Luxembourg | 3 |
| Hungary | 6 |
| Malta | 1 |
| Netherlands | 48 |
| Austria | 24 |
| Poland | 20 |
| Portugal | 12 |
| Romania | 7 |
| Slovenia | 2 |
| Slovakia | 4 |
| Finland | 15 |
| Sweden | 29 |
| United Kingdom | 147 |
| EU 27 | 998 |
| EU 28 (*) | [1 000] |
| (*) Estimated vote. | |
3. The FED Committee shall rule by a qualified majority of 720 votes in 998, expressing the favourable vote of at least fourteen member states. The blocking minority is 279 votes.
4. In the event that a State accedes to the Union, the weighting referred to in paragraph 2 and the qualified majority referred to in paragraph 3 would be amended by a decision of the Council, by consensus.
5. The Council, acting unanimously on the Commission's proposal, adopts the rules of procedure of the FED Committee.
Article 9
The Investment Facility Committee
1. A committee (hereinafter referred to as the "Invest Facility Committee"), composed of representatives of the governments of the Member States and a representative of the Commission, is established under the auspices of the EIB. The EIB provides the committee secretariat and provides support services. The Chair of the Investment Facility Committee is elected by and among the committee members.
2. The Council, unanimously deciding, adopts the rules of procedure of the Investment Facility Committee.
3. The Investment Facility Committee shall rule by qualified majority in accordance with Article 8, paragraphs 2 and 3.
Article 10
Application provisions
1. Without prejudice to Article 8 of this Agreement and the voting rights of the Member States referred to therein, all the relevant provisions of Regulation (EC) No 617/2007 of the Council of 14 May 2007 relating to the implementation of the 10th European Development Fund within the framework of the ACP-EC partnership agreement [9] and Regulation (EC) No 2304/2002 of the Commission of 20 December 2002 implementing Decision 2001/822/EC of The 11th EDF Regulation was adopted unanimously, on the Commission's proposal and after consultation with the EIB. The procedures for the implementation of the Union's financial assistance to the PTOM are adopted following the adoption of a new overseas association decision by the Council, deciding unanimously and in consultation with the European Parliament.
The regulations implementing the 11th EDF and the terms and conditions for the application of the overseas association decision contain the necessary modifications and improvements to the programming and decision procedures, ensuring, as far as possible, greater harmonization of the Union and 11th EDF procedures. The 11th EDF Regulations also maintain specific management procedures for the financial instrument for peace in Africa. Since financial assistance and technical assistance for the implementation of Article 11 ter of the ACP-EU Partnership Agreement will be financed by specific instruments other than those provided for the financing of ACP-EU cooperation, the activities carried out under these provisions must be approved by means of budgetary management procedures agreed in advance.
The Regulation implementing the 11th EDF contains measures to supplement the financing of the 11th EDF and the European Regional Development Fund to finance cooperation projects between the Union's ultra-peripheral regions and the ACP States, as well as with the PTOMs, the Caribbean, West Africa and the Indian Ocean, including simplified mechanisms for the joint management of these projects.
2. A financial regulation is adopted by the Council by a qualified majority referred to in Article 8, on the proposal of the Commission and after the EIB's opinion on the provisions affecting it, and the Court of Auditors.
3. The Commission will prepare its proposed regulations referred to in paragraphs 1 and 2 by providing, inter alia, the possibility of performing the tasks by third parties.
Article 11
Financial performance, accounts, audit and discharge
1. The Commission shall ensure the financial execution of the envelopes it manages, including those of projects and programs, in accordance with the financial regulations referred to in section 10, paragraph 2. For the purpose of recovering unduly paid amounts, the Commission's decisions are applicable in accordance with Article 299 of the Treaty on the Functioning of the European Union (TFEU).
2. The EIB manages the Investment Facility and directs the transactions under this framework on behalf of the Union, in accordance with the terms and conditions established by the financial regulations referred to in Article 10, paragraph 2. In doing so, the EIB acts at the risk of member States. The rights arising from these transactions, including as creditor or owner, are exercised by the Member States.
3. The EIB ensures, in accordance with its statutes and best banking practices, the financial execution of transactions through loans on its own resources under section 4, where appropriate, with the enhancement of interest on the resources of the EDF.
4. For each fiscal year, the Commission establishes and validates the EDF accounts and sends them to the European Parliament, the Council and the Court of Accounts.
5. Each year, the EIB sends its annual report to the Commission and the Council on the execution of the EDF-funded operations, which it manages.
6. Subject to the provisions of paragraph 8 of this Article, the Court of Auditors shall also exercise the powers vested in it in Article 287 of the TFEU in respect of the operations of the EDF. The conditions under which the Court of Auditors exercises its powers are determined in the financial regulations referred to in Article 10, paragraph 2.
7. The discharge of the financial management of the EDF, excluding operations managed by the EIB, is given to the Commission by the European Parliament on the recommendation of the Council, which shall rule by a qualified majority under Article 8.
8. EDF resource-funded operations that are managed by the EIB are subject to the control and discharge procedures set out in the EIB statutes for all operations.
Article 12
Revision clause
Article 1, paragraph 3, and the articles contained in Chapter 2, with the exception of Article 8, may be amended by the Council unanimously by the Commission. The EIB is associated with the Commission's proposal on issues related to its activities and operations of the Investment Facility.
Article 13
European External Action Service
The application of this Agreement shall be in accordance with Council Decision 2010/427/EU of 26 July 2010 establishing the organization and operation of the European External Action Service.
Article 14
Ratification, entry into force and duration
1. This Agreement shall be approved by each Member State in accordance with its own constitutional rules. The Government of each Member State shall notify the General Secretariat of the Council of the European Union of the completion of the procedures required for the entry into force of this Agreement.
2. This Agreement shall enter into force on the first day of the second month following notification of its approval by the last Member State.
3. This Agreement shall be concluded for a period identical to that of the multi-year financial framework for the period 2014-2020 annexed to the ACP-EU Partnership Agreement and to that of the overseas association decision (2014-2020). However, without prejudice to Article 1, paragraph 4, it remains in force to the extent necessary for the full implementation of all operations funded under the ACP-EU Partnership Agreement, the overseas association decision and the multi-year financial framework.
Article 15
Languages
This Agreement, written in a single original copy in German, English, Bulgarian, Danish, Spanish, Estonian, Finnish, French, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Swedish and Czech, is deposited in the archives of the General Secretariat of the Council of the European Union, which shall give to the archives of the Council of the European Union, which shall give to
Done in Luxembourg and Brussels on June 24 and June 24, two thousand thirteen respectively.
Done on October 30, 2015.
François Hollande
By the President of the Republic:
The Prime Minister,
Manuel Valls
Minister for Foreign Affairs and International Development,
Laurent Fabius
