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31.8.2012 Official
Journal
of
the
European
Union L
234/1
II
(Non-legislative acts)
INTERNATIONAL AGREEMENTS
COUNCIL DECISION
of 23 July 2012
on the position to be taken by the European Union within the ACP-EU Committee of Ambassadors
concerning the reassignment of a part of the unallocated resources of the 10th European
Development Fund to Intra-ACP cooperation
(2012/491/EU)
THE COUNCIL OF THE EUROPEAN UNION,
(3) In
accordance
with
paragraph
6
of
Annex
Ib
to
the
ACP-
EU Partnership Agreement, the ACP-EU Committee of
Having regard to the Treaty on the Functioning of the European
Ambassadors, acting on behalf of the ACP-EU Council
Union, and in particular Article 209(2) in conjunction with
of Ministers, may reassign funds between allocations
Article 218(9) thereof,
provided for in paragraph 2 of that Annex, in order to
meet programming requirements under one such allo
cation.
Having regard to the Internal Agreement between the represen
tatives of the governments of the Member States, meeting
within the Council, on measures to be taken and procedures
to be followed for the implementation of the ACP-EC Part
(4) The
balance
of
funds
available
under
the
10th
European
nership Agreement (
Development Fund (EDF) envelope for Intra-ACP

1 ), and in particular Article 1 thereof,
cooperation is insufficient to meet the programming
requirements that emerged from its Mid-Term Review.
Having regard to the proposal from the European Commission,
It is necessary to transfer EUR 195 million from the
10th EDF unallocated resources to the envelope for
Whereas:
Intra-ACP cooperation so as to allow for the financing
of actions based on both EU and ACP existing priorities,
including a replenishment of the African Peace Facility
(1) The
Partnership
Agreement
between
the
members
of
the
amounting to EUR 100 million.
African, Caribbean and Pacific Group of States of the one
part, and the European Community and its Member
States, of the other part, signed in Cotonou on
23 June 2000 (
(5) The
Union
should
determine
the
position
to
be
taken

2 ), was first amended in Luxembourg on
25 June 2005 (
within the ACP-EU Committee of Ambassadors

3 ) and was amended for the second time
in Ouagadougou on 22 June 2010 (
concerning the reassignment of a part of the unallocated

4 ) (‘the ACP-EU Part
nership Agreement’). The second amendment has been
resources of the 10th EDF to the benefit of the appro
provisionally applied since 31 October 2010.
priation intended for Intra-ACP cooperation,
(2) Article
15
of
the
ACP-EU
Partnership
Agreement
estab
lishes an ACP-EU Council of Ministers with powers to
HAS ADOPTED THIS DECISION:
take decisions in accordance with the ACP-EU Part
nership Agreement.
Article 1
( 1 ) OJ L 317, 15.12.2000, p. 376.
( 2 ) OJ L 317, 15.12.2000, p. 3.
The position to be taken by the European Union within the
( 3 ) Agreement amending the Partnership Agreement between the
ACP-EU Committee of Ambassadors concerning the reas
members of the African, Caribbean and Pacific Group of States, of
signment of a part of the unallocated resources of the 10th
the one part, and the European Community and its Member States,
European Development Fund to Intra-ACP cooperation shall
of the other part, signed in Cotonou on 23 June 2000 (OJ L 209,
be based on the draft Decision of the ACP-EU Committee of
11.8.2005, p. 27).
Ambassadors attached to this Decision.
( 4 ) Agreement amending for the second time the Partnership Agreement
between the members of the African, Caribbean and Pacific Group
of States, of the one part, and the European Community and its
Member States, of the other part, signed in Cotonou on 23 June
2000, as first amended in Luxembourg on 25 June 2005 (OJ L 287,
Formal and minor changes to the draft Decision may be agreed
4.11.2010, p. 3).
without requiring that this Decision be amended.

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L 234/2
EN
Official Journal of the European Union
31.8.2012
Article 2
In order to support the efforts of the African Union and regional organisations to address security chal
lenges across Africa, EUR 100 million out of the EUR 195 million financial reallocation shall be earmarked
for the African Peace Facility.
Article 3
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 23 July 2012.
For the Council
The President
C. ASHTON

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EN
31.8.2012 Official
Journal
of
the
European
Union L
234/3
DRAFT
DECISION No …/2012 OF THE ACP-EU COMMITTEE OF AMBASSADORS
of …
concerning the reassignment of a part of the unallocated resources of the 10th European
Development Fund to Intra-ACP cooperation
THE ACP-EU COMMITTEE OF AMBASSADORS,
HAS ADOPTED THIS DECISION:
Article 1
Having regard to the Partnership Agreement between the
members of the African, Caribbean and Pacific Group of
Intra-ACP cooperation
States of the one part, and the European Community and its
Member States, of the other part, signed in Cotonou on 23 June
An amount of EUR 195 million shall be transferred from the
2000 (
unallocated resources of the 10th EDF to the envelope for Intra-

1 ), as first amended in Luxembourg on 25 June 2005 ( 2 ),
and amended for the second time in Ouagadougou on 22 June
ACP cooperation, in accordance with the objectives set out in
2010 (
Articles 11, 28, 29 and 30 of the ACP-EU Partnership

3 ) (‘the ACP-EU Partnership Agreement’), and in particular
paragraph 6 of Annex Ib thereto,
Agreement.
Article 2
Whereas:
Financing request
(1) The
10th
European
Development
Fund
(EDF)
Intra-ACP In accordance with Article 12b (a) of Annex IV to the ACP-EU
remaining funds are insufficient to meet the
Partnership Agreement, the ACP-EU Committee of Ambassadors
programming requirements which emerged from the
requests the Commission to finance the activities proposed by
10th EDF Intra-ACP Mid-Term Review.
the EU and the ACP Group of States, respectively, and notably
to provide additional funding to the African Peace Facility for a
total amount of EUR 100 million, in order to support the
(2)
In order to continue providing a rapid and efficient
response to situations of violent conflicts in Africa, the
efforts of the African Union and regional organisations to
replenishment of the African Peace Facility is required.
address security challenges across Africa.

This Decision shall enter into force on the date of its adoption.
(3) To
allow
for
the
financing
of
EU
and
ACP
priorities,
the
necessary amount should be transferred from the
unallocated resources of the 10th EDF to the envelope
Done at …
for Intra-ACP cooperation.
(4)
It is appropriate for the ACP-EU Committee of Ambas
For the ACP-EU Committee of Ambassadors
sadors to adopt this decision without delay,
The President
( 1 ) OJ L 317, 15.12.2000, p. 3.
( 2 ) Agreement amending the Partnership Agreement between the
members of the African, Caribbean and Pacific Group of States, of
the one part, and the European Community and its Member States,
of the other part, signed in Cotonou on 23 June 2000 (OJ L 209,
11.8.2005, p. 27).
( 3 ) Agreement amending for the second time the Partnership Agreement
between the members of the African, Caribbean and Pacific Group
of States, of the one part, and the European Community and its
Member States, of the other part, signed in Cotonou on 23 June
2000, as first amended in Luxembourg on 25 June 2005 (OJ L 287,
4.11.2010, p. 3).

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Document Outline

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