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MOTION FOR RESOLUTION No. 57 /X

The present Agreement has established the 10 European Development Fund (EDF) for the

financing cooperation with the states of Africa, the Caribbean and the Pacific

(ACP) in the period 2008-2013, under the ACP-EC Partnership Agreement, as well as

defines the breakdown of the Member States ' contributions to that fund and the rules

of the management of financial cooperation to be developed.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following motion for a resolution:

To approve the Internal Agreement between the Representatives of the Governments of the Member States,

meeting in the Council, relating to the Financing of Help Granted by the Community

in the framework of the Multiannual Financial Framework for the period 2008-2013, in

compliance with the ACP-EC Partnership Agreement, as well as the Grant of

Financial Assistance to the Overseas Countries and Territories to which the Party applies

IV of the EC Treaty, signed in Brussels, on July 17, 2006, the version of which

authenticated in the Portuguese language is published in annex.

Seen and approved in Council of Ministers of June 6, 2007

The Prime Minister

The Minister of State and Foreign Affairs

The Minister of the Presidency

The Minister of Parliamentary Affairs

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INTERNAL AGREEMENT

AMONG THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES,

MEETING ON THE BOARD

ON THE FINANCING OF AID GRANTED BY THE

COMMUNITY

WITHIN THE FRAMEWORK OF THE MULTIANNUAL FINANCIAL FRAMEWORK

FOR THE PERIOD 2008-2013,

IN ACCORDANCE WITH THE ACP-EC PARTNERSHIP AGREEMENT,

AS WELL AS THE GRANTING OF FINANCIAL ASSISTANCE

TO THE OVERSEAS COUNTRIES AND TERRITORIES

TO WHICH PART IV OF THE CE TREATY APPLIES

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THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE

EUROPEAN COMMUNITY, MEETING IN THE COUNCIL,

Having regard to the Treaty establishing the European Community,

After consultation with the Commission,

After consultation with the European Investment Bank,

CONSIDERING THE FOLLOWING:

(1) The point 3 of Annex IA to the Partnership Agreement between the States of Africa, das

Caribbean and the Pacific and the European Community and its Member States,

signed in Cotonou, on June 23, 2000 1 (hereinafter referred to as the " Agreement of

ACP-EC Partnership ") , indicates that " the changes to the multiannual financial framework or the

parts of the agreement to it that will come to be proved necessary will be

decided by the Council of Ministers, by way of derogation from Article 95 of the present

Agreement ".

(2) The ACP-EC Council of Ministers, meeting in Port Moresby, Papua New

Guinea, on 1 and June 2, 2006, approved the IB Annex to the Partnership Agreement

ACP-EC and then agreed to set the overall amount of Community aid to the

ACP States, in the title of the multiannual financial framework for the period 2008-2013,

under the framework of the ACP-EC Partnership Agreement, at 21966 million euros, the post

of the 10 European Development Fund (hereinafter referred to as the "10 EDF"),

funded by the contributions of Member States.

1 OJ L 317, 12/15/2000, p.3. Agreement with the wording that was given to him by the

Agreement signed in Luxembourg on June 25, 2005 (OJ L 287

of 10/28/2005, p.4).

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(3) Council Decision 2001 /822/CE of November 27, 2001 on the

association of the overseas countries and territories to the European Community 2 (hereinafter

designated "Membership Decision") is applicable until December 31, 2011.

Prior to that date, a new decision should be approved on the basis of Article 187.

of the Treaty. Prior to December 31, 2007, the Council, acting by

unanimity on a proposal from the Commission, shall set at EUR 286 million the

amount of the 10 EDF, to be devoted to financial assistance to the countries and territories

overseas (hereinafter referred to as the "OCT") to which Part IV applies.

Treated, in the period between 2008 and 2013.

(4) Under the terms of Decision 2005 /446/CE of the Representatives of the Governments of the

Member States, meeting in Council, of May 30, 2005, which sets the date-

-limit for the authorisation of the funds of the ninth European Fund of

Development (EDF) 3 , as of December 31, 2007, the funds

of the 9 EDF managed by the Commission, the interest rebates managed by the Bank

European Investment (hereinafter referred to as "EIB"), as well as the revenue

resulting from the interest on those appropriations should no longer be allowed. If

required, this date could be changed.

(5) With a view to the implementation of the ACP-EC Partnership Agreement and the Decision to

Association, it is necessary to institute a 10 th EDF and define the endowment rules

of that Fund, as well as the contributions of the Member States to the same.

2 OJ L 314, 11/30/2001, p.1.

3 OJ L 156, 6/18/2005, p.19.

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(6) An analysis of all aspects of the expenditure and resources of the

European Union, on the basis of a report by the Commission in 2008-2009.

(7) The Representatives of the Governments of the Member States, meeting in the Council,

have agreed to allocate an amount of EUR 430 million, in charge of the 10 EDF,

to finance the expenses of support incurred by the Commission in the programming and

execution of the EDF.

(8) It is necessary to establish rules for the management of financial cooperation.

(9) On September 12, 2000, the Representatives of the Governments of the States-

-Members, brought together in the Council, have approved an Internal Agreement concerning the

funding and the management of the aid granted by the Community in the framework of the

Financial Protocol of the ACP-EC Partnership Agreement, as well as the granting of

financial assistance to the overseas countries and territories to which it applies to

Part IV of the Treaty 4 (hereinafter referred to as the "Internal Agreement of the 9 EDF").

4 OJ L 317, 12/15/2000, p.355.

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(10) It is appropriate to institute with the Commission a Committee of Representatives of the

Governments of the Member States (hereinafter referred to as the "EDF Committee"),

as a committee of a similar nature to the EIB. It is necessary to ensure the

harmonisation of the work of the Commission and the EIB to implement the Agreement on

ACP-EC Partnership, as well as the corresponding provisions of the Decision to

Association.

(11) It is to be seen that Bulgaria and Romania will have joined the EU by January 1, 2008

and shall accede to the ACP-EC Partnership Agreement and to the present Internal Agreement, of

agreement with the commitments they made on the strength of the Accession Treaty of the

Bulgaria and Romania and the respective Protocol.

(12) In its conclusions of May 24, 2005, the Council and the Representatives of the

Member States, meeting in the Council " Accelerate progress with a view to

achievement of the Millennium Development Goals ", committed to

apply in a timely manner and to follow up the implementation of the Paris Declaration on the

effectiveness of the aid of the Cooperation and Development Organization

Economic (OECD), approved at the High-Level Forum of Paris, held in

March 2, 2005.

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(13) Desummer to be reminded of the objectives of Public Development Assistance

(APD) referred to in the above-mentioned findings. When to submit reports

on the expenditure under the EDF to the Member States and the Committee on Aid

to the Development of the OECD, the Commission shall establish the distinction between

activities in the scope of APD and the other activities.

(14) On December 22, 2005, the Council and the Representatives of the Governments of the

Member States meeting in the Council, the European Parliament and the Commission

have approved a joint statement on the Union's development policy

European: the European consensus 5 .

(15) The EDF will continue to give priority to aid to the least developed countries and the

other low-income countries.

5 OJ C 46, 2/24/2006, p.1.

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(16) On April 11, 2006, the Council approved the principle of financing the

Peace Support Fund in Africa from the intra-ACP funds in an amount

maximum of EUR 300 million for the initial period between 2008

and 2010. In the third year, a general assessment will be carried out that will examine the

respective modalities, as well as the possibilities of future sources of

alternative funding, notably the CFSP.

THEY AGREED IN THE FOLLOWING:

CHAPTER 1

FINANCIAL RESOURCES

ARTICLE 1.

Resources of the 10 EDF

1. Member States shall establish a tenth European Fund of

Development, hereinafter referred to as "10 FED".

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2. The 10 EDF provides the following resources:

a) A maximum amount of EUR 22682 million, financed by the States-

-Members, in accordance with the following apportionment:

State-Key Member of Contribution Contribution in Euro

Belgium 3.53 800674600

Bulgaria * 0.14 to 31754800

Czech Republic 0.51 115678200

Denmark 2.00 453640000

Germany 20.50 4649810000

Estonia 0.05 to 11341000

Greece 1.47 333425400

Spain 7.85 1780537000

France 19.55 4434331000

Ireland 0.91 206406200

Italy 12.86 2916905200

Cyprus 0.09 20413800

Latvia 0.07 15877400

Lithuania 0.12 27218400

Luxembourg 0.27 61241400

Hungary 0.55 124751000

Malta 0.03 6804600

The Netherlands 4.85 to 1100077000

Austria 2.41 546636200

Poland 1.30 294866000

Portugal 1.15 to 260843000

Romania * 0.37 83923400

Slovenia 0.18 40827600

Slovakia 0.21 to 47632200

Finland 1.47 333425400

Sweden 2.74 621486800

United Kingdom 14.82 3361472400

22682000000

* Estimated amount.

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The amount of EUR 22682 million is available from the entry in

vigour of the multiannual financial framework and is rebroken as follows:

i) EUR 21966 million is allocated to the ACP Group of States;

ii) EUR 286 million is allocated to the overseas countries and territories

(OCT);

iii) EUR 430 million is allocated to the Commission to finance the expenditure

of support referred to in Article 6, associated with the programming and implementation of the

EDF by the Commission.

b) The funds referred to in Annex I to the ACP-EC Partnership Agreement and in Annex IIA

of the Association Decision and affected, in the title of the 9 EDF, to the financing of the

resources of the Investment Facility, instituted by Annex IIC of the Decision to

Association, are not covered by Decision 2005 /446/CE which sets the date-limit

for the authorization of the funds of the 9 ° EDF. These funds are transferred to

o 10 EDF and managed in accordance with its modalities of management, to be counted from

date of entry into force of the multiannual financial framework for the period 2008-

-2013, within the framework of the ACP-EC Partnership Agreement and the date of entry into force

of the decisions of the Council relating to financial assistance to the OCTs for the

period 2008-2013.

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3. After December 31, 2007, or after the date of entry into force of the framework

multiannual financial for the period 2008-2013, if this date is subsequent, the balances

remnants of the previous 9. EDF or EDF may not be allowed back,

with the exception of the remaining balances and unauthorised funds after the date of

entry into force above indicated, resulting from the system of guarantee of stabilization of the

export revenue of basic agricultural products (STABEX) in the framework of the EDF

previous to the 9 EDF, as well as the funds referred to in paragraph 2. (b) The funds

that they will probably be allowed after December 31, 2007 and up to date

of the entry into force of this Agreement referred to above, are exclusively used

to ensure the operationality of the EU administration and to cover the expenses

currents aimed at sustaining ongoing projects until the entry into force of the 10 EDF.

4. After December 31, 2007, unauthorised funds relating to projects

under the 9 EDF or previous EDF may not be allowed back, unless

decision to the contrary by the Council unanimously on a proposal from the Commission,

with the exception of unauthorised funds after the date of entry into force above

indicated, resulting from the guarantee system of stabilization of export earnings

of basic agricultural products (STABEX), within the framework of the EDFs prior to the 9 EDF,

which are automatically transferred to the respective indicative programmes

nationals, referred to in point (a) of Article 2 (1), paragraph 1, thus

as from the funds referred to in point (b) of paragraph 2.

5. The total amount of the resources of the 10 EDF covers the period

between January 1, 2008 and December 31, 2013. The funds of the 10 EDF are not

authorized after December 31, 2013, unless otherwise decided by the Council,

acting unanimously on a proposal from the Commission.

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6. The revenue arising from the interest on the operations financed under the

authorizations of the previous EDFs and on the funds of the 10 EDF, managed by the Commission

and deposited with the delegated payers in Europe, referred to in Article 37 (1)

of Annex IV to the ACP-EC Partnership Agreement, are credited to one or more accounts

bank open on behalf of the Commission and used in accordance with Article 6. A

use of the revenue resulting from the interest on the funds of the 10 EDF, managed by the

EIB, is determined in the frame of the financial regulation referred to in paragraph 2 of the

article 10.

7. In the case of new adhesions to the EU, the allocation of the contributions referred to in

paragraph (a) of paragraph 2 is adapted by a decision of the Council, acting unanimously under

proposal of the Commission.

8. It is possible to proceed to the adjustment of financial resources by decision of the

Council, acting unanimously in accordance with Article 62 (2) of the Agreement

of ACP-EC Partnership.

9. Without prejudice to the rules and decision-making processes described in Article 8, the

Member States may place at the disposal of the Commission or the EIB contributions

voluntary, in order to support the objectives of the ACP-EC Partnership Agreement. Can

also co-fund projects or programmes, specifically through initiatives

specific, to be managed by the Commission or the EIB. The appropriation of these should be guaranteed

initiatives by the ACP, at the national level.

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The financial and implementation regulation referred to in Article 10 shall include the

provisions necessary for co-financing by the EDF, as well as for the shares

of co-financing of the Member States. Member States shall inform

in advance the Council of these voluntary contributions.

10. Under the terms of paragraph 7 of the Financial Protocol of the ACP-EC Partnership Agreement, the

Council, together with ACP States, carries out an analysis of the situation, assessing

the degree of achievement of the authorizations and payments, as well as the results and the

impact of the help provided. Such an analysis shall be carried out on the basis of a proposal to

prepare by the Commission in 2010 and contribute to deciding what amount of the

financial cooperation after 2013.

ARTICLE 2.

Resources reserved for ACP States

The amount of EUR 21966 million, referred to in Article 1 (2) (a),

sub-paragraph i), is broken down among the various cooperation instruments of the following

mode:

a) EUR 17766 million to finance the national indicative programmes and

regional. This allocation should be used to finance:

i) The national indicative programmes of the ACP States, according to the

articles 1 to 5 of Annex IV to the ACP-CEEC Partnership Agreement;

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ii) Regional indicative programmes of support for cooperation and integration

regional and inter-regional of the ACP States in accordance with Articles 6.

a 11 to 11, Article 13 (1) and Article 14 of Annex IV to the Agreement on

ACP-EC Partnership.

b) EUR 2700 million to finance intra-ACP and interregional cooperation

with many or all of the ACP States in accordance with Article 12, paragraph 2 of the

article 13 and Article 14 of Annex IV to the ACP-EC Partnership Agreement, in what

concerns the processes of execution and management. This allocation includes support

structural to the joint CDE and CTA institutions, referred to and supervised in the

terms of the rules and procedures described in Annex III to the Partnership Agreement

ACP-EC as well as the Joint Parliamentary Assembly to which the

article 17 of the same Agreement. It should also cover the financing of expenditure

of operation of the ACP Secretariat, referred to in sections 1 and 2 of the Protocol

n. 1 to the ACP-CEEC Partnership Agreement;

c) the resources referred to in points (a) and (b) may be partially used for

cope with external shocks and unforeseen needs, notably in

situations requiring complementary humanitarian and emergency aid, in the short

deadline, in cases where such support cannot be financed from the budget

of the Community, to mitigate the nefarious effects of short-term fluctuations of the

export revenues.

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d) EUR 1500 million, in the form of an allocation in favour of the EIB, intended

to the financing of the Investment Facility, in accordance with the rules and

conditions set out in Annex II to the ACP-EC Partnership Agreement, including a

additional contribution of EUR 1100 million for the resources of the Facility

of Investment, which is to be managed as a renewable fund, and of 400 million

of euros in the form of grants aimed at financing the rebates

of interest provided for in Articles 2 and 4 of Annex II to the Partnership Agreement

ACP-EC in the period covered by the 10 EDF.

ARTICLE 3.

Resources reserved to OCT

1. The appropriation of 286 million EUR referred to in Article 1 (2) (a)

sub-paragraph (ii), is awarded on the basis of a decision to be approved by the Council before

of December 31, 2007 amendment of the Decision of Association, pursuant to the

article 187 of the Treaty; of that appropriation, 256 million euros are intended to finance the

national and regional indicative programmes and 30 million euros will be granted to the

EIB to finance the Investment Facility, in accordance with the Decision to

Association.

2. If an OCT has access to independence and accede to the ACP-EC Partnership Agreement, the

amount indicated in paragraph 1 is reduced and those indicated in point (i) of (a) of the

article 2 shall be increased correlatively, by a decision of the Council, acting by

unanimity, on a proposal from the Commission.

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ARTICLE 4.

Loans from the EIB's own resources

1. The amount allocated to the Investment Facility under the 9 EDF, referred to

in Article 1 (b) (2) and the amount referred to in Article 2 (d), they are

majorities of an indicative amount up to EUR 2030 million in the form of

loans granted by the EIB from its own resources. These resources are

granted by an amount up to EUR 2000 million for the purposes set out in the

Annex II to the ACP-EC Partnership Agreement and by an amount up to EUR 30 million

for the purposes set out in the Association Decision, in accordance with the conditions

provided for in its bylaws and with the relevant provisions of the rules and conditions for

the financing of investments, as provided for in Annex II to the Agreement on

ACP-EC Partnership and in the Association Decision above.

2. Member States undertake to constitute guarantors before the EIB,

with renunciation of the benefit of the discussion, and proportionally to the importances by them

subscribed in the EIB's capital, from all financial commitments that to the

borrowers from the EIB result from the loan contracts by this concluded from the

its own resources, pursuant to Article 1 of Annex II to the Partnership Agreement

ACP-EC and the corresponding provisions of the Association Decision.

3. The guarantee referred to in paragraph 2 shall not exceed 75% of the whole of the credits

granted by the EIB under the loan agreements, but must cover all the

risks.

4. The commitments referred to in paragraph 2 shall be the subject of contracts for the formation of

guarantee, to be concluded between the EIB and each Member State.

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ARTICLE 5.

Operations managed by the EIB

1. Payments made to the EIB on account of special loans

granted to the ACP States, the OCTs and the French overseas departments,

as well as the product and revenue from the venture capital operations carried out by

EDF shelter prior to the 9 EDF, revert to Member States,

proportionally to the respective contributions to the 9 ° EDF from which they come from such

sums, unless the Council decides, unanimously and on a proposal from the Commission,

constitute them in reserve or affect them to other operations.

2. The commissions owed to the EIB by the management of the loans and operations referred to

in paragraph 1 are previously discounted from the sums to be accredited to the Member States.

3. The product and the revenue received by the EIB from the operations carried out in the framework

of the Investment Facility under the 9. and 10 EDF are used for other

operations under the Facility under the terms of Article 3 of Annex II to the Agreement on

ACP-EC Partnership, after deduction of exceptional related expenses and obligations

with the Investment Facility.

4. The EIB is fully remunerated for the management of the operations of the Facility of

Investment referred to in paragraph 3, in accordance with Article 3 (1-A) of Annex II of the

ACP-EC Partnership Agreement.

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ARTICLE 6.

Resources reserved for the support expenses associated with EDF

1. The resources of the EDF cover the costs of the support measures. The resources

referred to in paragraph 2 (2) (a) (iii), and in Article 1 (5) are allocated to the

coverage of costs pertaining to the programming and implementation of the EDF that are not

necessarily covered by the strategy papers and indicative programs

multiannual referred to in the implementing regulation referred to in Article 10 (1).

2. Resources for supporting expenses may cover associated expenses

a) to the activities of preparation, follow up, control, accounting, auditing and

assessment that are directly necessary for programming and implementation

of the resources of the EDF whose management is ensured by the Commission;

b) to the realization of such objectives, through research activities in matter

of development policy, studies, meetings, information, awareness raising,

training and publication; and

c) to electronic information exchange networks, as well as any other

expenses for administrative or technical assistance that the Commission may undertake

to ensure the management of the EDF.

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The said resources cover the expenditure of administrative support, both in the Seda of the

Commission as at the Delegations, necessary to ensure the management of operations

funded under the ACP-EC Partnership Agreement and the Association Decision.

Such resources are not allocated to fundamental tasks of the European public service,

particularly to the permanent staff of the Commission.

CHAPTER II

PROVISIONS OF IMPLEMENTATION AND FINAL

ARTICLE 7.

Contributions to the 10 ° EDF

1. The Commission shall adopt and communicate annually to the Council, before

of October 15, the map of authorisations and payments and the annual amount of the

requests for contributions for the current financial year and for the following two exercises,

taking into account the forecasts of the EIB with regard to the management and operation of the

Ease of Investment. The amounts in question are based on the capacity of

effectively execute the level of proposed resources.

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2. On a proposal from the Commission, which specifies the respective part of the Commission and of the

EIB, the Council decides, by the qualified majority provided for in Article 8, the ceiling

of the annual amount of the applications for contributions for the second year following the proposal

of the Commission (n + 2) and, on the basis of the ceiling decided in the previous year, on the

annual amount of the application for contributions for the first year following the proposal of the

Commission (n + 1).

3. If the contributions decided in accordance with paragraph 2 cease to correspond to the

effective needs of EDF during the financial year in question, the Commission shall

submit proposals for changes in the amount of contributions, within the limits

indicated in paragraph 2, and the Council shall make a decision by the qualified majority

provided for in Article 8.

4. Applications for contributions may not exceed the limits indicated in paragraph 2,

nor can the limit be increased, unless otherwise decided by the Council, adopted

by the qualified majority provided for in Article 8, in the event of special needs

resulting from exceptional or unforeseen circumstances, specifically situations

post-crisis. In such cases, the Commission and the Council shall ensure that the

contributions correspond to the expected payments.

5. Every year, before October 15, the Commission communicates to the Council,

taking into account the forecasts of the EIB, its estimates with regard to authorisations,

payments and contributions for each of the three years that follow from the years

referred to in paragraph 1.

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6. With respect to funds transferred from previous EDF to the 10 ° EDF, in the

terms of paragraph 2 (2) (b) and Article 1 (3), the contributions of each State-

-Member States are calculated in proportion to the contribution of each Member State

for the EDF concerned.

As for the funds of the 9 EDF and the previous EDF that are not

transferred to the 10 EDF, its repercussion in the contributions of each State-

-Member is calculated in proportion to the respective contribution to the 9 EDF.

7. The modalities for payment of the Member States ' contributions are

defined in the financial regulation referred to in Article 10 (2).

ARTICLE 8.

Committee of the European Development Fund

1. It is hereby established with the Commission a committee composed of Representatives of the

Governments of the Member States, hereinafter referred to as the "EDF Committee", for the resources

of the 10 EDF managed by the Commission. The EDF Committee shall be chaired by a representative

of the Commission, being its secretariat secured by the Commission. A representative of the

EIB participates in the work of the Committee.

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2. The vote of the Member States in the EDF Committee shall be subject to the following

weighting:

State-Member Voting EU-27

Belgium 35

Bulgaria * [1]

Czech Republic 5

Denmark 20

Germany 205

Estonia 1

Greece 15

Spain 79

France 196

Ireland 9

Italy 129

Cyprus 1

Latvia 1

Lithuania 1

Luxembourg 3

Hungary 6

Malta 1

The Netherlands 49

Austria 24

Poland 13

Portugal 12

Romania * [4]

Slovenia 2

Slovakia 2

Finland 15

Sweden 27

United Kingdom 148

Total EU-25999

Total EU-27 * [1004]

* Voting estimated in ...

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3. The EDF Committee deliberates by a qualified majority of 720 votes in 999,

expressing the favourable vote of at least 13 Member States. The minority of

blocking consists of 280 votes.

4. In the case of new adhesions to the EU, the weighting provided for in paragraph 2 and the majority

qualified as referred to in paragraph 3 shall be amended by a decision of the Council, acting by

unanimity.

5. The Council shall, acting unanimously, approve the internal regulation of the

Committee of the EDF.

ARTICLE 9.

Committee on Investment Facility

1. It is set up with the EIB a committee (hereinafter referred to as the " Committee of the Facility of

Investment ") composed of Representatives of the Governments of the Member States and a

representative of the Commission. The EIB ensures the secretariat and the support services of the

Committee. The Chairman of the Investment Facility Committee is elected by the members

and from among the members of the said Committee.

2. The Council shall, acting unanimously, approve the internal regulation of the

Committee of the Investment Facility.

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3. The Committee on the Investment Facility deliberates by qualified majority. The

weighting of votes is that set out in Article 8 (2) and (3).

ARTICLE 10.

Provisions of implementation

1. Without prejudice to Article 8 of this Agreement and the right to vote of States-

-Members of it, shall remain in force all applicable provisions of the

articles 14 to 30 of the Internal Agreement relating to the 9 EDF, pending the decision

of the Council on the implementing regulation of the 10 EDF. That regulation of

implementation is approved by unanimity, on a proposal from the Commission and after consultation of the

EIB.

The implementing regulation shall include the appropriate changes and enhancements

to existing programming and decision-making processes and to harmonize, in the measure of

possible, the community and EDF procedures, including the related aspects

with the co-funding. It should still establish the specific management procedures

for the Peace Support Fund. Once the necessary financial and technical assistance

for the implementation of Article 11 (6) and Articles 11-and 11-B of the Agreement of

ACP-EC partnership must be funded by specific instruments other than the

intended for the financing of the ACP-EC Cooperation Agreement, the shares

developed under these provisions shall be approved in advance by

specific processes of budget management.

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2. The financial regulation shall be approved by the Council, acting by the majority

qualified provided for in Article 8, before the entry into force of the Partnership Agreement

ACP-EC, on the basis of a proposal from the Commission and after advice from the EIB, relatively

to the provisions that concern you, and the Court of Auditors.

3. The Commission shall submit the proposals for regulations to which the

n. ºs 1 and 2 predicting, inter alia, the possibility of delegation of implementing tasks

to third parties.

ARTICLE 11.

Financial implementation, accounting, auditing and discharge

1. The Commission shall ensure the financial implementation of the appropriations whose management it

incumbent, on the basis of Article 1 (8), (a), (b) and (c) of Article 2, paragraph 1 of the

article 3 and in Article 6, as well as the financial implementation of projects and programmes,

in accordance with the financial regulation referred to in Article 10 (2).

Regarding the recovery of amounts that have been unduly paid, the

decisions of the Commission constitute the executive title, pursuant to Article 256 of the

EC treaty.

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2. The EIB ensures the management of the Investment Facility and guides the operations

correspondents, on behalf of the Community, pursuant to the Financial Regulation

referred to in Article 10 (2). In that context, the EIB acts on behalf of and on account of and risk

of the Community. Member States shall be holders of all the rights arising out of

of these operations, namely credit or property rights.

3. In accordance with its statutes and the best banking practices, the EIB

ensures the financial execution of the operations carried out, through loans

granted from their own resources, referred to in Article 4, eventually

combined with interest subsidies from the resources of the EDF.

4. Relatively to each exercise, the Commission establishes and approves the accounts of the

EDF, which transmits to the European Parliament, to the Council and to the Court of Auditors.

5. The Commission shall make available to the Court of Auditors the information referred to in

Article 10, so that the latter can carry out the monitoring, on the basis of documentary evidence,

of the aid made available from the resources of the EDF.

6. The EIB sends annually to the Council and to the Commission a report on the

implementation of the operations financed by EDF resources whose management ensures.

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7. Without prejudice to the provisions of paragraph 9 of this Article, the Court of Auditors

exercises the prerogatives conferred on it by Article 248 of the EC Treaty in what

respects the operations of the EDF. The conditions under which the Court of Auditors exercises the

its powers should be defined in the financial regulation referred to in paragraph 2 of the

article 10.

8. The discharge in respect of the financial management of the EDF, excluding the operations managed

by the EIB, is given to the Commission by the European Parliament on a recommendation from the Council,

which shall be deliberated by the qualified majority provided for in Article 8.

9. The operations financed by the resources of the EDF whose management is ensured by the

EIB are the subject of the control and discharge procedures laid down in the Statutes of the

EIB for the whole of its operations.

ARTICLE 12.

Revision clause

Article 1 (3) and the Articles included in Chapters II, with the exception of amendments

to Article 8, they may be amended by the Council, acting unanimously, under

proposal of the Commission. The EIB should be associated with the Commission's proposal on issues

relating to their activities and those of the Investment Facility.

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ARTICLE 13.

Ratification, entry into force and duration

1. Each Member State approves the present Agreement according to its own

constitutional requirements. The Government of each Member State shall notify the

General Secretariat of the Council of the European Union of the compliance of the Tramites

necessary for the entry into force of this Agreement.

2. The present Agreement shall come into force on the first day of the second month following the

of the notification of their approval by the last Member State.

3. The present Agreement shall be concluded for the same period as the financial framework

multiannual that figure in Annex IB of the ACP-EC Partnership Agreement. However, no

Notwithstanding the provisions of Article 1 (4), this Agreement remains in force

as long as it appears necessary so that they can be fully implemented all

the operations financed under the ACP-EC Partnership Agreement, of the Decision to

Association and of the multiannual financial framework mentioned above.

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ARTICLE 14.

Languages that make faith

The present agreement, drawn up in a single copy in the German languages, Czech,

Danish, Slovak, Slovenian, Spanish, Estonian, Finnish, French, Greek,

Hungarian, English, Italian, Latvian, Lithuanian, Maltese, Dutch, Polish, Portuguese and Swedish,

all texts by doing equally faith, is deposited in the archives of the General Secretariat

of the Council of the European Union, which sends an authenticated copy to the Government of each

one of the signatory states.

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Hecho en Bruselas, el diecisiete de julio del dos thousand six.

V Bruselu dne sedmnáctého července dva tisíce šest.

Udfærdiget i Bruxelles den syttends juli to tusind og seks.

Geschehen zu Brüssel am siebzehnten Juli zweitausendsechs.

Kahe tuhande kuuenda aasta juulikuu seitsmeteistkümnendal päeval Brüsselis.

Entitled Εγινε στις Βρυλλλες, στις δέκα εφτιουλίου δίο χο χιλιάδες έι ι.

Done at Brussels on the seventeenth day of July in the year two thousand and six.

Fait à Bruxelles, le dix-sept juillet deux mille six.

Fatto a Bruxelles, addì diciassette luglio duemilase.

Briselier, divtūkstoš sestā gada septiņpadsmitajā jūlijā.

Priimta du tūkstančiai šeštą mettle liepos septynioliktż dienż Briuselyje.

Kelt Brüsszelben, a kettőezer hatodik év július tizenhetedik napján.

Magcil mul fi Brussel, fis-sbatax jum ta ' Lulju tas-sena elfejn u sitta.

Gedaan te Brussel, de zeventiende juli tweeduizend zes.

Sporządzono w Brukseli dnia siedemnastego lipca roku dwutysięcznego szóstego.

Done in Brussels, in seventeen July two thousand and six.

V Bruseli dňa sedemnásteho jula dvetisícšesğ.

V Bruslju, sedemnajstega julija leta dva tisoč šest.

Tehty Brysselississä seitsemäntenätoista päivänä heinäkuuta vuonna kaksituhattakuusi.

Som skedde i Bryssel den sjuttonde juli tjugohundrasex.

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