Annexes to COM(2007)57 - EC position within the ACP-EC Council of Ministers regarding a decision amending ACP-EC Council of Ministers Decision No 3/2001 on the allocation of resources to Somalia from the 8th and 9th European Development Fund

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ANNEX

Draft

DECISION OF THE ACP-EC COUNCIL OF MINISTERS

amending Decision No 3/2001 of the ACP-EC Council of Ministers of 20 December 2001 on the allocation of resources to Somalia from the 8th and 9th European Development Fund

T HE ACP-EC COUNCIL OF MINISTERS,

Having regard to the ACP-EC Partnership Agreement signed in Cotonou on 23 June 2000[5] and the revised Agreement signed in Luxembourg on 25 June 2005[6], and in particular Article 93(6) thereof,

Whereas:

1. Article 93(6) of the ACP-EC Partnership Agreement allows the ACP-EC Council of Ministers the possibility of according special support to ACP States party to previous ACP-EC Conventions which, in the absence of normally established government institutions, have not been able to sign or ratify the ACP-EC Partnership Agreement. This support may concern institution building as well as economic and social development activities, taking particular account of the needs of the most vulnerable sections of the population. This provision applies to Somalia.

2. By Decision No 3/2001 of 20 December 2001[7], the ACP-EC Council of Ministers allocated an amount of €149 million out of the 9th EDF in favour of Somalia for financial and technical cooperation. The function of National Authorising Officer for the programming and implementation of this allocation was entrusted to the Chief Authorising Officer of the EDF.

3. Article 3(5) of Annex IV to the ACP-EC Partnership Agreement allows the Community the possibility of increasing a country's allocation in order to take account of special needs or exceptional performance.

4. Article 5(2) of that Annex IV provides for the possibility of carrying out a review in exceptional circumstances that are referred to in the provisions on humanitarian and emergency assistance. In the light of the conclusions of the ad hoc review of the cooperation programme with Somalia, additional funds are required under the 9th EDF in order to ensure continuation of the support to the population of Somalia until the entry into force of the 10th EDF,

HAS DECIDED AS FOLLOWS:

Sole Article

(1) In ACP-EC Council Decision No 3/2001 the following Article 3 bis is inserted:

"Article 3 bis

On the basis of the conclusions of an ad hoc review, an additional amount of €36 144 798 from the 9th EDF shall be allocated in favour of Somalia for financial and technical cooperation, from the long term development envelope referred to in Article 3(a) of the Financial Protocol referred to in Annex I to the ACP-EC Partnership Agreement."

(2) This Decision shall enter into force on the day of its adoption.

Done at Brussels,

For the ACP-EC Council of Ministers

The President

[1] OJ L 56, 27.2.2002, p. 23.

[2] OJ L 317, 15.12.2000, p. 3.

[3] OJ L 287, 28.10.2005, p. 4.

[4] OJ L 317, 15.12.2000, p. 354.

[5] OJ L 317, 15.12.2000, p. 3.

[6] OJ L 287, 28.10.2005, p. 4.

[7] OJ L 56, 27.2.2002, p. 23.