Date: 2016-03-17Category: Not ApplicableState: Union GovernmentCountry: Europe
Decision No 1/2016 of the ACP-EU Committee of Ambassadors of 7 March 2016 on the approval of derogations to the Financial Regulation of the Centre for the Development of Enterprise (CDE) [2016/383]
Executive Summary:
This decision by the ACPEU Committee of Ambassadors approves derogations to the Financial Regulation of the Centre for the Development of Enterprise (CDE) in the context of its orderly closure. It allows for a modification of the audit requirements and grants the CDE Executive Board authority to further modify financial and staff regulations as needed during the closure process. The decision takes effect immediately from March 7, 2016.
Key Points / Main Content:
* **Derogation Approval:**
* The ACPEU Committee of Ambassadors approves the derogation from Articles 271 and 5 of the CDE Financial Regulation, effective immediately.
* **Auditing Modifications:**
* A firm of auditors can be appointed for a four-year period covering the financial years 2013 to 2016, selected according to CDE Financial Regulation procurement procedures.
* Instead of annual reports, a multiannual audit will be conducted for the years not yet audited, and a single final report will be presented to the CDE Executive Board.
* **Regulatory Flexibility for Closure:**
* The CDE Executive Board is authorized to derogate from and/or modify the CDE Financial Regulation and CDE Staff Regulation as necessary for the orderly closure of the CDE.
* The CDE Executive Board must immediately inform the ACPEU Committee of Ambassadors of any such derogation or modification.
Impact Analysis:
* **CDE Executive Board**
* *Impact:* Granted the authority to modify financial and staff regulations to facilitate the CDE's closure.
* *Action Required:* Implement necessary derogations and/or modifications to the CDE Financial and Staff Regulations, informing the ACPEU Committee of Ambassadors of these changes immediately.
* **CDE**
* *Impact:* Subject to modified auditing procedures.
* *Action Required:* Appoint a firm of auditors for the period 2013-2016, launch a multiannual audit, and present a single final report to the CDE Executive Board.
* **ACPEU Committee of Ambassadors**
* *Impact:* Responsible for monitoring the CDE Executive Board's actions regarding regulatory changes.
* *Action Required:* Review and acknowledge notifications from the CDE Executive Board regarding any derogations or modifications to the CDE regulations.
Key Entities Referenced
ACPEU Committee of Ambassadors: A committee established within the framework of the Partnership Agreement between the African, Caribbean and Pacific Group of States and the European Union, responsible for monitoring the overall strategy of the Centre for the Development of Enterprise (CDE) and supervising the work of the Executive Board.
Centre for the Development of Enterprise (CDE): An organization established under the ACPEU Partnership Agreement, focused on supporting the development of enterprises in African, Caribbean, and Pacific Group of States. The document discusses its orderly closing.
ACPEU Partnership Agreement: The agreement between the members of the African, Caribbean and Pacific Group of States and the European Community and its Member States. Annex III of this agreement defines the roles and responsibilities of the ACPEU Committee of Ambassadors and the CDE.
CDE Financial Regulation: The financial regulations governing the operations of the Centre for the Development of Enterprise (CDE). The document pertains to the derogation and/or modification of these regulations.
CDE Executive Board: The executive board of the Centre for the Development of Enterprise (CDE), responsible for laying down the financial and staff regulations and the rules of operations. The board requested derogations to the CDE Financial Regulation in the context of the CDE's closing.
African, Caribbean and Pacific Group of States: A group of countries primarily located in Africa, the Caribbean, and the Pacific that have a partnership agreement with the European Union.
European Union: A political and economic union of member states located primarily in Europe, party to the ACPEU Partnership Agreement.
Nairobi: Capital city of Kenya where the 39th session of the ACPEU Council of Ministers was held.
17.3.2016 EN Official Journal of the European Union L 72/59
ACTS ADOPTED BY BODIES CREATED BY
INTERNATIONAL AGREEMENTS
DECISION No 1/2016 OF THE ACP-EU COMMITTEE OF AMBASSADORS
of 7 March 2016
on the approval of derogations to the Financial Regulation of the Centre for the Development of
Enterprise (CDE) [2016/383]
THE ACP-EU COMMITTEE OF AMBASSADORS,
Having regard to Annex III to 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 (1), and in
particular Article 2(6) thereof,
Having regard to Decision No 5/2004 of the ACP-EC Committee of Ambassadors of 17 December 2004 concerning the
Financial Regulation of the Centre for the Development of Enterprise (2) (‘CDE Financial Regulation’),
Whereas:
(1) Annex III to the ACP-EU 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 (ACP EU
Partnership Agreement), requires the ACP-EU Committee of Ambassadors to monitor the overall strategy of the
CDE and supervise the work of the Executive Board.
(2) Annex III to the ACP-EU Partnership Agreement requires the CDE Executive Board to lay down the financial and
staff regulations and the rules of operations.
(3) The Statutes and Rules of Procedure of the Centre for the Development of Enterprise adopted by Decision
No 8/2005 of the ACP-EU Committee of Ambassadors (3) (the ‘CDE Statutes’) and the CDE Financial Regulation
provide the safeguards in terms of information of and supervision by the ACP-EU Committee of Ambassadors.
(4) At its 39th session held from 19 to 20 June in Nairobi, the ACP-EU Council of Ministers agreed, in a Joint
Declaration, to proceed with the orderly closing of the CDE and to the amendment of Annex III to the ACP-EU
Partnership Agreement and, to that end, to delegate powers to the ACP-EU Committee of Ambassadors to take
the matter forward with a view to the adoption of the necessary decisions.
(5) In its Decision No 4/2014 (4), the ACP-EU Committee of Ambassadors recalls that the closure of the CDE is to
respect the competences of the CDE's supervisory authorities set out in Annex III to the ACP-EU Partnership
Agreement and the detailed arrangements laid down by the ACP-EU Council of Ministers in its Joint Declaration.
(6) The request from the CDE Executive Board to the ACP-EU Committee of Ambassadors by letter dated 19 October
2015 explains that in the context of the closing down of the CDE, the CDE Executive Board wishes to derogate
from Article 27(1) and (5) of the CDE Financial Regulation, and seeks prior approval from the Supervisory
Authorities.
(7) The modification of or derogations to the CDE Financial Regulation and CDE Staff Regulations (5), depending on
the needs that may arise from the implementation of the orderly closure process of the CDE, necessitates a
flexible procedure.
(1) Agreement signed in Cotonou on 23 June 2000 (OJ L 317, 15.12.2000, p. 3), as amended by the Agreement signed in Luxembourg on
25 June 2005 (OJ L 209, 11.8.2005, p. 27) and by the Agreement signed in Ouagadougou on 22 June 2010 (OJ L 287, 4.11.2010, p. 3).
(2) OJ L 70, 9.3.2006, p. 52.
(3) OJ L 66, 8.3.2006, p. 16.
(4) OJ L 330, 15.11.2014, p. 61.
(5) OJ L 348, 30.12.2005, p. 54.L 72/60 EN Official Journal of the European Union 17.3.2016
(8) The requirements of the appointment of a firm of auditors for a period of three years, as set out in Article 27(1)
of the CDE Financial Regulation, and the requirement for this firm to draw up each year a statutory audit report,
in accordance with Article 27(5) of that Regulation, need to be adapted in order to ensure a more efficient
procedure in the context of the closing-down of the organisation,
HAS ADOPTED THIS DECISION:
Article 1
1. The ACP-EU Committee of Ambassadors gives its favourable opinion regarding the derogation from Article 27(1)
and (5) of the CDE Financial Regulation, with immediate effect.
2. By derogation from Article 27(1) of the CDE Financial Regulation, the CDE shall be able to appoint a firm of
auditors for a period of four years covering the financial years 2013 to 2016. This firm of auditors shall be selected in
accordance with the procurement procedures foreseen in the CDE Financial Regulation.
By derogation from Article 27(5) of the CDE Financial Regulation, a multiannual audit will be launched for the years
not yet audited and a single final report will be presented to the CDE Executive Board.
Article 2
The ACP-EU Committee of Ambassadors authorises the CDE Executive Board to derogate from and/or to modify the
CDE Financial Regulation and CDE Staff Regulation depending on the needs that may arise from the implementation of
the orderly closure process of the CDE. The CDE Executive Board shall inform the ACP-EU Committee of Ambassadors
of any such decision of derogation and/or modification of the CDE regulations immediately.
Article 3
This Decision shall enter into force on the day of its adoption.
Done at Brussels, 7 March 2016.
For the ACP-EU Committee of Ambassadors
The Chairman
P. DE GOOIJER