Approves 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 2008-2013, In Accordance With

Original Language Title: Aprova o Acordo Interno entre os Representantes dos Governos dos Estados Membros, reunidos no Conselho, Relativo ao Financiamento da Ajuda Concedida pela Comunidade no Âmbito do Quadro Financeiro Plurianual para o Período de 2008-2013, em conformidade com

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277636a55334c5667755a47396a&fich=ppr57-X.doc&Inline=false

1 RESOLUTION No. 57/X this agreement instituted the 10th European Development Fund (EDF) to finance cooperation with the African, Caribbean and Pacific (ACP) countries in the period 2008-2013, under the ACP-EC partnership agreement, as well as defines the distribution of Member States ' contributions to the Fund and rules for management of financial cooperation to develop. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following resolution: to approve 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 2008-2013, in accordance with the ACP-EC partnership agreement as well as the granting of financial assistance for the overseas countries and territories to which part IV applies of the EC Treaty, signed in Brussels on 17 July 2006, whose certified in Portuguese language version if published in the annex. Seen and approved by the Council of Ministers of 6 June 2007 the Prime Minister and State Minister for Foreign Affairs the Minister of Parliamentary Affairs Minister Presidency 2 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 2008-2013 In accordance with the ACP-EC PARTNERSHIP AGREEMENT, AS WELL AS to PROVIDE FINANCIAL ASSISTANCE for the overseas countries and territories to which IT APPLIES to PART IV of the EC TREATY 3 the REPRESENTATIVES of the GOVERNMENTS of the Member States of the European Community, MEETING WITHIN the COUNCIL, having regard to the Treaty establishing the European Community, after consulting the Commission, after consultation of the European Investment Bank , whereas: (1) paragraph 3 of annex IA of the partnership agreement between the African, Caribbean and Pacific States and the European Community and its Member States, signed in Cotonou on 23 June 2000 1 (hereinafter referred to as "the ACP-EC partnership agreement"), indicates that "the amendments to the multiannual financial framework or parts of the agreement he linked that might prove necessary will be decided by the Council of Ministers , by way of derogation from article 95 of this agreement ".

(2) the ACP-EC Council of Ministers meeting in Port Moresby, Papua New Guinea, on 1 and 2 June 2006, approved the Annex IB of the ACP-EC partnership agreement and there has agreed to fix the total amount of Community aid to the ACP States under the multiannual financial framework for the period 2008-2013 in the framework of the ACP-EC partnership agreement in EUR 21 966 milhões, under the 10th European Development Fund (hereinafter referred to as "the 10th EDF"), financed by contributions from the Member States.
1 OJ L 317 of 15.12.2000, p. 3. Agreement as amended by the agreement signed in Luxembourg on 25 June 2005 (OJ L 287 of 28.10.2005, p. 4).

4 (3) decision 2001/822/EC of 27 November 2001 on the Association of the overseas countries and territories with the European Community 2 (hereinafter referred to as "Association Decision") is applicable until 31 December 2011. Before that date, a new decision should be adopted on the basis of article 187 § of the Treaty. Before 31 December 2007, the Council, acting unanimously on a proposal from the Commission, shall fix in 286 million euros the amount of the 10th EDF, to consecrate the financial assistance for the overseas countries and territories (hereinafter referred to as the "OCT") which applies to Part IV of the Treaty, in the period between 2008 and 2013.

(4) in accordance with decision 2005/446/EC of the representatives of the Governments of the Member States, meeting within the Council, of 30 May 2005 setting the deadline for the commitment of the funds of the 9th European Development Fund (EDF) 3, from 31 December 2007, the funds of the 9th EDF managed by the Commission, the interest subsidies managed by the European Investment Bank (hereinafter referred to as the "EIB") as well as the revenues resulting from the interest on these appropriations should no longer be allowed. If necessary, this date can be changed.

(5) for the implementation of the ACP-EC partnership agreement and the Association Decision, it is necessary to set up a 10th EDF and define the rules of appropriation of this Fund, as well as the contributions of Member States for the same.
2 OJ L 314 of 30.11.2001, p. 1. 3 OJ L 156 of 18.6.2005, p. 19.

5 (6) there shall be a review of all aspects of EU spending and resources, on the basis of a Commission report in 2008-2009.

(7) the representatives of the Governments of the Member States, meeting within the Council, agreed to allocate an amount of EUR 430 million, under the 10th EDF, to fund the support expenditure incurred by the Commission in the programming and implementation of the EDF.

(8) it is necessary to establish rules governing the administration of financial cooperation.

(9) On 12 September 2000, the representatives of the Governments of the Member States, meeting within the Council, approved an internal agreement on the financing and administration of Community aid under the financial protocol to the ACP-EC partnership agreement, as well as to provide financial assistance for the overseas countries and territories to which part IV applies the Treaty 4 (hereinafter referred to as the "internal Agreement 9th EDF").
4 OJ L 317 of 15.12.2000, p. 355.

6 (10) it is appropriate to establish with the Commission a Committee of representatives of the Governments of the Member States (hereinafter referred to as the "EDF Committee"), as well as a Committee of a similar nature with the EIB. It is necessary to ensure the harmonization of the work of the Commission and the EIB to apply the ACP-EC partnership agreement, as well as the corresponding provisions of the Association Decision.

(11) it is expected that Bulgaria and Romania will have joined the EU by 1 January 2008 and will adhere to the ACP-EC partnership agreement and the Internal Agreement, in accordance with their commitments under the Treaty of accession of Bulgaria and Romania and of its Protocol.

(12) in its conclusions of 24 May 2005, the Council and the representatives of the Member States, meeting within the Council on accelerating progress towards attaining the Millennium Development Goals ", undertook to apply in a timely manner and to monitor the implementation of the Paris Declaration on aid effectiveness of the Organization for economic cooperation and development (OECD) , adopted at the high-level Forum in Paris, held on 2 March 2005.

7 (13) must be recalled the objectives of the official development assistance (ODA) referred to in the above conclusions. When reporting on the expenditure under the EDF to Member States and to the OECD Development Assistance Committee, the Commission shall establish a distinction between the activities within the framework of ODA and other activities.

(14) On 22 December 2005, the Council and the representatives of the Governments of the Member States meeting within the Council, the European Parliament and the Commission adopted a joint declaration on the European Union development policy: the European consensus 5.

(15) the FED will continue to give priority to helping the least developed countries and other low-income countries.
5 OJ C 46 of 24.2.2006, p. 1.

8 (16) On 11 April 2006, the Council approved the principle of financing of the African peace facility from the intra-ACP funds, a maximum amount of EUR 300 million for the period between 2008 and 2010. In the third year, there shall be a general assessment that will examine the modalities, as well as the possibilities of future alternative funding sources, including the CFSP.

HAVE AGREED AS FOLLOWS: CHAPTER 1 article 1 Resources FINANCIAL RESOURCES of the 10th EDF 1. Member States establish a 10th European Development Fund, hereinafter referred to as "the 10th EDF".

9 2. The 10th EDF has the following features: a) A maximum amount of EUR 22 682 milhões, financed by Member States, as follows: Member State Contribution Contribution key in Belgium Bulgaria * 800 674 600 3.53 EUR 0.14 31 754 800 Czech Republic Denmark Germany 0.51 115 678 200 2.00 453 640 000 4 649 810 000 Estonian 0.05 20.50 11 341 000 Greece Spain France 1 780 537 000 333 425 400 1.47 7.85 19.55 4 434 331 000 Ireland Italy Cyprus 0.91 206 406 200 12.86 2 916 905 200 0.09 0.07 0.12 20 413 800 Latvia Lithuania 15 877 400 27 218 400 Luxembourg Hungary Malta 0.27 61 241 400 124 751 000 0.55 6 804 600 4.85 1 100 077 000 Netherlands Austria 0.03 2.41 546 636 200 Poland Portugal Romania 1.15 1.30 294 866 000 260 843 000 * 0.37 0.18 0.21 83 923 400 Slovenia Slovakia 47 632 40 827 600 200 Finland Sweden United Kingdom 621 486 800 333 425 400 1.47 2.74 14.82 3 361 472 400 22 682 000 000 * estimated amount.

10 the amount of EUR 22 682 milhões is available from the entry into force of the multiannual financial framework and is distributed as follows: (i)) are assigned 21 966 milhões de euros to the ACP group of States;

II) Are allocated EUR 286 million to overseas countries and territories (OCTs);

III) EUR 430 million shall be allocated to the Commission to finance the support expenditure 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 Annex IIA of the Association Decision and allocated under the 9th EDF to finance the resources of the investment facility established by Annex IIC of the Association Decision, are not covered by decision 2005/446/EC setting the deadline for the commitment of the funds of the 9. EDF. These funds are transferred to the 10th EDF and managed in accordance with its methods of management, from the date of entry into force of the multiannual financial framework for the period 2008-2013 in the framework of the ACP-EC partnership agreement and the date of entry into force of the Council's decisions relating to financial assistance to the OCTs for the period 2008-2013.

11 3. After 31 December 2007, or after the date of entry into force of the multiannual financial framework for the period 2008-2013, whichever is the later, the remaining balances of the 9th EDF or from previous EDFs may not be allowed, with the exception of the balances and unauthorized funds after the date of entry into force indicated above as a result of the guarantee system of stabilisation of export earnings from agricultural commodities (STABEX) under the EDFS prior to the 9th EDF, as well as from the funds referred to in point (b)) of paragraph 2. The funds that they will probably be authorised after 31 December 2007 and until the date of entry into force of this agreement referred to above, are used exclusively to ensure the operationality of the EU administration and to cover current expenditure designed to sustain running projects until the entry into force of the 10th EDF.

4. After 31 December 2007, unauthorized funds concerning projects under the 9th EDF or from previous EDFs may not be allowed, unless otherwise decided by the Council, unanimously, on a proposal from the Commission, with the exception of the unauthorized funds after the date of entry into force indicated above, resulting from the guarantee system of stabilisation of export earnings from agricultural commodities (STABEX) under the previous EDFs to the 9th EDF which are automatically transferred to the respective national indicative programmes, referred to in point (i))) (a) of article 2, paragraph 1 of article 3, as well as from the funds referred to in point (b)) of paragraph 2.

5. the total amount of resources of the 10th EDF covers the period between 1 January 2008 and 31 December 2013. The funds of the 10th EDF are not permitted after 31 December 2013, unless the Council, acting unanimously on a proposal from the Commission.

12 6. The revenue resulting from the interest on the operations financed under the commitments from previous EDFs and on the funds of the 10th EDF managed by the Commission and deposited with the paying agents in Europe referred to in paragraph 1 of article 37 of annex IV to the ACP-EC partnership agreement, are credited to one or more bank accounts opened on behalf of the Committee and used in accordance with article 6. The use of revenue from interest on the funds of the 10th EDF managed by the EIB, is determined within the framework of the financial regulation referred to in paragraph 2 of article 10.

7. In the case of new accessions to the EU, the allocation of contributions referred to in (a) above) of paragraph 2 is adapted by decision of the Council, acting unanimously on a proposal from the Commission.

8. It is possible to adapt the financial resources, as decided by the Council, acting unanimously, in accordance with paragraph 2 of article 62 of the ACP-EC partnership agreement.

9. Without prejudice to the decision-making rules and procedures set out in article 8, Member States may make available to the Commission or the EIB voluntary contributions to support the objectives of the ACP-EC partnership agreement. May also co-finance projects or programmes, in particular through specific initiatives, to be managed by the Commission or by the EIB. Must be granted ownership of these initiatives by the ACP COUNTRIES, at the national level.

13 the financial regulation and of implementation referred to in article 10 shall include the necessary provisions for cofinancing by the EDF, as well as to the actions of Member States ' co-financing. Member States shall inform in advance the Council of those voluntary contributions.

10. Pursuant to paragraph 7 of the financial protocol to the ACP-EC partnership agreement, the Council, together with the ACP States, proceeds to an analysis of the situation, assessing the degree of realisation of commitments and payments, as well as the results and the impact of aid provided. This test must be carried out on the basis of a proposal by the Commission preparing in 2010 and help to decide what amount of financial cooperation after 2013.

Article 2 resources reserved for the ACP States the amount of EUR 21 966 milhões, referred to in article 1, paragraph 2, point (a)), point (i)), shall be allocated between the instruments of cooperation as follows: 17 766 milhões de euros) to finance national and regional indicative programmes. This appropriation should be used to finance: i) The national indicative programmes of the ACP States, in accordance with articles 1 to 5 of annex IV to the ACP-EC partnership agreement; 14 ii) The regional indicative programmes of support for regional and inter-regional cooperation and integration of the ACP States, in accordance with articles 6 to 11, paragraph 1 of article 13 and article 14 of annex IV to the ACP-EC partnership agreement.

b 2 700 milhões de euros) to finance intra-ACP and inter-regional cooperation with many or all ACP States, in accordance with article 12, paragraph 2 of article 13 and article 14 of annex IV to the ACP-EC partnership agreement, as regards implementation and management processes. This item includes structural support to the joint institutions CDE and CTA referred to and supervised in accordance with the rules and procedures described in annex III to the ACP-EC partnership agreement, and the Joint Parliamentary Assembly referred to in article 17 of the agreement. It should also cover the financing of the operating costs of the ACP Secretariat referred to in paragraphs 1 and 2 of Protocol No 1 to the ACP-EC partnership agreement;

c) The resources referred to under (a)) and (b)) can be partially used to cope with external shocks and unforeseen needs, in particular in situations requiring humanitarian and emergency aid supplement, in the short term, in cases where such support cannot be financed from the Community budget, to mitigate the adverse effects of short-term fluctuations in export earnings.

15 d) 1 500 milhões de euros, in the form of an allocation in favour of the EIB, for the financing of the investment facility in accordance with the rules and conditions laid down in annex II to the ACP-EC partnership agreement, including an additional contribution of 1 100 milhões de euros for the resources of the investment facility, which should be managed as a renewable Fund , and 400 million euros in the form of grants for the financing of the interest rate subsidies provided for in articles 2 and 4 of annex II to the ACP-EC partnership agreement during the period covered by the 10th EDF.

Article 3 resources reserved to OCT 1. The allocation of EUR 286 million referred to in article 1, paragraph 2, point (a)), (ii)), is assigned on the basis of a decision to be adopted by the Council before 31 December 2007 amending the Association Decision, in accordance with article 187 § of the Treaty; of this, EUR 256 million appropriation is intended to finance 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 of Association.

2. Where an Oct access to independence and join the ACP-EC partnership agreement, the amount indicated in paragraph 1 shall be reduced and those indicated in point (i)) of subparagraph (a)) of article 2 thereof are increased correlatively, by decision of the Council, acting unanimously on a proposal from the Commission. 16 article 4 loans from EIB own resources 1. The amount allocated to the investment facility under the 9th EDF, referred to in point (b)), paragraph 2, article 1, and the amount referred to in subparagraph (d)) of article 2, are increased by an indicative amount up to EUR 2 030 milhões, in the form of loans granted by the EIB from its own resources. These resources shall be granted for an amount up to 2 000 milhões de euros for the purposes set out in annex II to the ACP-EC partnership agreement and for an amount up to EUR 30 million for the purposes set out in the decision of Association, in accordance with the conditions laid down in its statutes and the relevant provisions of the rules and conditions for the financing of investments as provided for in Annex II to the ACP-EC partnership agreement and the Association Decision referred to above.

2. The Member States undertake to be secured before the EIB, waiving the benefit of discussion, and in proportion to the amounts subscribed by them in the capital of EIB, of all financial commitments to borrowers of the EIB result of loan contracts for this concluded from its own resources, in accordance with article 1 of annex II to the ACP-EC partnership agreement and the corresponding provisions of the Association Decision.

3. The security referred to in paragraph 2 must not exceed 75% of the total loans granted by the EIB under the loan agreements, but should cover all risks.


4. The undertakings referred to in paragraph 2 shall be the subject of contracts of guarantee, to be concluded between the EIB and each Member State.

17 Article 5 Operations managed by the EIB 1. Payments made to the EIB on behalf of the special loans granted to the ACP States, the OCT and the French overseas departments, as well as the product and the recipes of the risk capital operations carried out under previous EDFs to the 9th EDF, shall accrue to the Member States in proportion to their contributions to the EDF 9 they come from such sums, unless the Council decides to unanimously on a proposal from the Commission, constitute them in reserve or affect them to other operations.

2. Any Commission due to the EIB for managing the loans and operations referred to in paragraph 1 shall be deducted in advance from the sums to be credited to Member States.

3. The product and the revenues received by the EIB from operations carried out under the investment facility under the 9th and 10th EDF, are used for other operations under the facility, in accordance with article 3 of annex II to the ACP-EC partnership agreement, after deduction of exceptional expenses and obligations related to the investment facility.

4. The EIB is fully paid by the management of the investment facility operations referred to in paragraph 3, in accordance with paragraph 1 of article 3 of annex II to the ACP-EC partnership agreement.

ARTICLE 18 6 reserved Resources to support expenses associated with the FED 1. The resources of the EDF shall cover the costs of the support measures. The resources referred to in paragraph 2, point (a)), (iii)), and in paragraph 5 of article 1 are allocated to cover the costs related to programming and implementation of the EDF which are not necessarily covered by the strategy papers and multi-annual indicative programmes referred to in the implementing regulation referred to in paragraph 1 of article 10.

2. The resources for the support expenditure may cover expenditure associated with the preparation activities), follow-up, control, accounting, auditing and evaluation which are directly necessary for the programming and implementation of the EDF resources for which the Commission is ensured;

(b)) to the achievement of these objectives, through research activities in the field of development policy, studies, meetings, information, awareness raising, training and publication; and (c)) the electronic networks for the exchange of information and any other administrative or technical assistance expenditure that the Commission may undertake to ensure the management of the EDF. 19 these resources cover the costs of administrative support, both at Commission headquarters and in Delegations, necessary to ensure the management of the operations financed under the ACP-EC partnership agreement and the Association Decision.

These resources are not allocated to core tasks of the European public service, in particular to the permanent staff of the Commission.

CHAPTER II IMPLEMENTING PROVISIONS and final provisions article 7 the 10 EDF contributions 1. The Commission shall adopt and report annually to the Council before 15 October, map of commitments and payments and the annual amount of requests for contributions for the current financial year and for the following two years, taking into account the EIB's forecasts concerning the management and operation of the investment facility. The amounts in question are based on the ability to perform effectively the proposed level of resources.

20 2. On a proposal from the Commission, specifying the relevant part of the Commission and the EIB, the Council shall decide, by qualified majority provided for in article 8, the maximum annual amount of requests for contributions to the second year following the proposal from the Commission (n + 2) and, on the basis of the ceiling decided the previous year, on the annual amount of the request for contributions for the first year following the proposal from the Commission (n + 1).

3. should the contributions decided in accordance with paragraph 2 no longer correspond to the actual needs of the EDF during the financial year in question, the Commission shall submit proposals to amend the amount of the contributions within the limits indicated in paragraph 2, and the Council shall take a decision by qualified majority provided for in article 8.

4. Requests for contributions cannot exceed the limits indicated in paragraph 2, nor the limit can be increased, unless otherwise decided by the Council, adopted by the qualified majority provided for in article 8, in case of special needs resulting from exceptional or unforeseen circumstances, including post-crisis situations. In such cases, the Commission and the Council must ensure that contributions correspond to payments.

5. each year, before 15 October, the Commission shall forward to the Council, taking into account the EIB's forecasts, its estimates in respect of commitments, payments and contributions to each of the three years following the years referred to in paragraph 1.

21 6. As regards funds transferred from previous EDFs to the 10 EDF, in accordance with paragraph 2 (b)), and of paragraph 3 of article 1, the contributions of each Member State shall be calculated in proportion to the contribution of each Member State to the EDF in question.

With regard to the funds of the 9th EDF and from previous EDFs which are not transferred to the 10th EDF, its repercussions on the contributions of each Member State shall be calculated in proportion to their contribution to the 9th EDF.

7. detailed rules for the payment of contributions of the Member States are defined in the financial regulation referred to in paragraph 2 of article 10.

Article 8 of the European Development Fund Committee 1. There is hereby attached to 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 10th EDF managed by the Commission. The EDF Committee is chaired by a representative of the Commission and its secretariat provided by the Commission. A representative of the EIB participates in the work of the Committee.

22 2. The vote of the Member States in the EDF Committee is subject to the following weighting: Member State Vote EU-27 Belgium Bulgaria * 35 [1] Czech Republic Denmark Germany Estonia 205 20 5 1 Greece Spain France Ireland 196 79 15 9 Italy Cyprus Latvia Lithuania 1 1 129 1 Luxembourg Malta Netherlands 3 Hungary 6 1 49 24 Austria Poland Portugal Romania 12 13 * [4] Slovenia Slovakia Finland 2 Sweden 2 15 27 United Kingdom Total EU-25 999 148 Total EU-27 * [1004] * Vote of around ...

23 3. The EDF Committee shall act by a qualified majority of 720 votes in 999, expressing a vote in favour by at least 13 Member States. The blocking minority shall consist of 280 votes.

4. In the case of new accessions to the EU, weighted as provided for in paragraph 2 and the qualified majority referred to in paragraph 3 shall be amended by a decision of the Council acting unanimously.

5. The Council, acting unanimously, shall adopt the rules of procedure of the EDF Committee.

Article 9 of the investment facility Committee 1. Is created with the EIB a Committee (hereinafter referred to as "the investment facility Committee") composed of representatives of the Governments of the Member States and a representative of the Commission. The EIB ensures the Secretariat and support services of the Committee. The President of the investment facility Committee is elected by the members and between the members of the said Committee.

2. The Council, acting unanimously, shall adopt the rules of procedure of the investment facility Committee.

24 3. The investment facility Committee shall act by a qualified majority. The weighting of votes is established in paragraphs 2 and 3 of article 8.

Article 10 implementing provisions 1. Without prejudice to article 8 of this agreement and of the right to vote of the Member States on it recorded, are still in force all the relevant provisions of articles 14 to 30 of the internal agreement on the 9th EDF, pending the decision of the Council on the regulation for the implementation of the 10th EDF. This implementing regulation is adopted unanimously, on a proposal from the Commission and after consultation of the EIB.

The regulations must include changes and improvements in existing programming and decision-making processes and harmonise as far as possible, Community procedures and the FED, including aspects related to co-financing. It should also establish management procedures specific to the peace fund. Once the financial and technical assistance necessary for the implementation of paragraph 6 of article 11 and articles 11a and 11-B of the ACP-EC partnership agreement shall be financed by specific instruments other than those intended for the financing of ACP-EC cooperation agreement, the actions undertaken under these provisions must be approved in advance by means of specific budget management processes.

25 2. The financial regulation is approved by the Council, acting by the qualified majority provided for in article 8, before the entry into force of the ACP-EC partnership agreement, on the basis of a proposal from the Commission and after consulting the EIB, as regards the provisions concerning him, and the Court of Auditors.

3. The Commission shall submit proposals for the regulations referred to in paragraphs 1 and 2, in particular by providing for the possibility of delegating implementing tasks to third parties.

Article 11 financial execution, accounting, audit and discharge


1. the Commission shall undertake the financial execution of appropriations whose management devolving, based on paragraph 8 of article 1, in (a)), b) and (c)) of article 2, paragraph 1 of article 3 and in article 6, as well as the financial execution of projects and programmes, in accordance with the financial regulation referred to in paragraph 2 of article 10. With regard to the recovery of amounts that have been wrongly paid, the Commission's decisions are enforceable pursuant to article 256 of the EC Treaty.

26 2. The EIB shall undertake the management of the investment facility and guides the corresponding operations on behalf of the community, in accordance with the financial regulation referred to in paragraph 2 of article 10. In this context, the EIB acts in the name and for the account and risk of the community. Member States are holders of all rights arising out of those operations, in particular credit or proprietary rights.

3. In accordance with its Statute and the best banking practices, the EIB shall undertake the financial execution of operations carried out by means of loans from its own resources, as referred to in article 4, where applicable combined with interest rate subsidies from EDF resources.

4. for each financial year, the Commission shall establish and approve the accounts of the EDF, which transmits to the European Parliament, the Council and the Court of Auditors.

5. the Commission puts at the disposal of the Court of Auditors the information referred to in article 10, so that it can carry out the control, based on documentary evidence, the aid provided from EDF resources.

6. The EIB submits annually to the Council and the Commission a report on the implementation of operations financed from EDF resources which ensures.

27 7. Without prejudice to the provisions of paragraph 9 of this article, the Court of Auditors shall exercise the powers conferred on it by article 248 of the EC Treaty in respect of the EDF's operations. The conditions under which the Court of Auditors shall exercise their powers must be defined in the financial regulation referred to in paragraph 2 of article 10.

8. The discharge in respect of the financial management of the EDF, excluding operations managed by the EIB, is given to the Commission by the European Parliament on a recommendation from the Council, which shall act by the qualified majority provided for in article 8.

9. The operations financed from EDF resources managed by the EIB is guaranteed are subject to the control and discharge procedures laid down in the Statute of the EIB for all its operations.

Article 12 review clause in paragraph 3 of article 1 and articles included in Chapters II, with the exception of the amendments to article 8, may be amended by the Council, acting unanimously on a proposal from the Commission. The EIB should be associated with the proposal from the Commission in matters relating to its activities and those of the investment facility.

28 article 13 Ratification, entry into force and duration 1. Each Member State shall approve this agreement in accordance with its own constitutional requirements. The Government of each Member State shall notify the General Secretariat of the Council of the European Union of the completion of the procedures necessary for the entry into force of this agreement.

2. This agreement shall enter into force on the first day of the second month following that of notification of its approval by the last Member State.

3. this agreement is concluded for the same period as the multiannual financial framework contained in Annex IB of the ACP-EC partnership agreement. However, notwithstanding the provisions of paragraph 4 of article 1, this Agreement shall remain in force as such if necessary so that they can be fully performed all the operations financed under the ACP-EC partnership agreement, of Association and of the multiannual financial framework referred to above. 29 article 14 authentic languages this agreement, drawn up in a single copy in the Czech, Danish, Dutch, English, Slovakian, Slovenian, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese and Swedish languages, all texts being equally authentic, is deposited in the archives of the General Secretariat of the Council of the European Union, which sends a certified copy to the Government of each of the signatory States.

30 Hecho en Brussels, el diecisiete de julio del of 1006. V Bruselu dne sedmnáctého července dva tisíce šest. Udfærdiget i Bruxelles den syttende Mai juli to tusind og seks. Geschehen zu Brüssel am siebzehnten Juli zweitausendsechs. Kahe tuhande kuuenda aasta seitsmeteistkümnendal päeval juulikuu Brüsselis. ΄Εγινε στις Βρυξέλλες, στις δέκα εφτά Ιουλίου δύο χιλιάδες έξι. 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. Briselē, divtūkstoš septiņpadsmitajā jūlijā gada sestā. Priimta du tūkstančiai šeštų septynioliktą dieną Briuselyje liepos METU. Kelt Brüsszelben, kettőezer Julius napján tizenhetedik év hatodik. Magħmul fi Brussel, fis-sbatax jum ta ' Lulju tas-sena elfejn u sitta. Gedaan te Brussel, de zeventiende juli tweeduizend zes. Sporządzono w Brukseli siedemnastego roku dwutysięcznego szóstego lipca dnia. Done at Brussels, 17 July 2006. V Bruseli sedemnásteho dňa júla dvetisícšesť. V Bruslju, sedemnajstega julija leta dva tisoč šest. Tehty Brysselissä seitsemäntenätoista päivänä heinäkuuta vuonna kaksituhattakuusi. SOM skedde i Bryssel den sjuttonde juli tjugohundrasex.

31 32 33 34 35 36