COMMISSION DECISION. of 17/12/2010

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2 EUROPEAN COMMISSION Brussels, 17/12/2010 C(2010) 9090 final COMMISSION DECISION of 17/12/2010 on a special measure for the Democratic Republic of the Congo to be financed from the 10th European Development Fund

3 COMMISSION DECISION of 17/12/2010 on a special measure for the Democratic Republic of the Congo to be financed from the 10th European Development Fund THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to the ACP-EC Partnership Agreement signed in Cotonou on 23 June , as revised by the Agreement signed in Luxembourg on 25 June , and in particular Article 34 of Annex IV thereto, Having regard to Council Regulation (EC) No 617/2007 of 14 May 2007 on the implementation of the 10th European Development Fund under the ACP-EC Partnership Agreement 3, and in particular Article 8 thereof, Having regard to Council Regulation (EC) No 215/2008 of 18 February 2008 on the Financial Regulation applicable to the 10th European Development Fund 4, and in particular Articles 21(a), 22 and 23 thereof, Whereas: (1) The Commission has adopted the Country Strategy Paper for the Democratic Republic of Congo (DRC) and the Multiannual Indicative Programme for , which cites governance and transport and health infrastructures as priority areas. (2) The Commission set aside from envelope B of the 10th EDF to support stabilisation and reconstruction of eastern DRC by supporting justice, transport infrastructures and health. (3) The situation in the eastern DRC has changed dramatically since the start of 2009 owing to the rapprochement between DRC and Rwanda, which has created a real prospect of lasting peace and stability in the country and the region as a whole. (4) The peace agreements signed by the DRC Government with the Congrès National pour la Défense du Peuple (CNDP) and armed groups on 23 March 2009 provide for these groups to become political parties and to be integrated into the institutions of state OJ L 317, , p. 3. OJ L 287, , p. 5. OJ L 152, , p. 1. OJ L 78, , p. 1. C(2008)3409 of 10 July The CSP/NIP was signed on 30 October

4 (5) On 9 June 2009 the DRC Government submitted a proposal to the international community on a framework programme for stabilisation and reconstruction in the eastern DRC. The overall objective of the Stabilisation and Reconstruction Plan for Areas Emerging from Armed Conflict (STAREC) is to stabilise the eastern Democratic Republic of Congo (DRC) by improving the security environment and by restoring government rule in areas previously under the control of armed groups, by facilitating the return and reintegration of displaced persons and refugees and by speeding up economic recovery. (6) The health component of the Programme will contribute to the implementation of the National Health Development Plan, the four headings of which are: (i) developing priority health areas, (ii) reinforcing the health system support infrastructure, (iii) reinforcing governance and leadership in the sector, (iv) reinforcing cooperation between sectors. It is proposed to finance this component with from the EDF. (7) The measures covered by this Decision are in conformity with the objectives of development finance cooperation as defined in Article 55 of the ACP-EC Partnership Agreement. (8) This Decision constitutes a financing decision within the meaning of Article 16 of Annex IV to the ACP-EC Partnership Agreement and Article 67 of the Financial Regulation applicable to the 10th European Development Fund. (9) To ensure that any substantial change to this Decision is adopted using the same procedure as for the initial decision, the term 'substantial change' should be interpreted in the light of Article 8.4 of Council Regulation (EC) No 617/2007. (10) The measures covered by this Decision do not fall within the categories of proposal requiring an opinion of the European Development Fund Committee as laid down in Article 8 of the Regulation of 14 May 2007 on the implementation of the 10 th European Development Fund. The EDF Committee must be notified of these measures within one month of the adoption of this act, HAS DECIDED AS FOLLOWS: Article 1 The special measure for the Democratic Republic of Congo, consisting of the 'Project to support STAREC (Reconstruction Plan for Areas Emerging from Armed Conflict) Health Component', the text of which is annexed hereto, is hereby approved. Article 2 The maximum contribution from the European Union to the special measure shall be , to be financed from envelope B of the 10th European Development Fund. 3

5 Article 3 Cumulated changes in the allocations for specific measures not exceeding 20% of the maximum contribution from the European Union are not considered to be substantial provided that they do not affect the nature and objectives of the special measure. This may include an increase of up to 20% in the European Union s maximum contribution. The competent authorising officer may amend this Decision in order to make non-substantial changes to the special measure in accordance with the principles of sound financial management. Done at Brussels, 17/12/201 For the Commission Member of the Commission 4

6 ANNEX Action Fiche: 'Project to support STAREC (Reconstruction Plan for Areas Emerging from Armed Conflict) Health Component' 5