COUNCIL RECOMMENDATION

of 10 February 2009

concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (Seventh EDF) for the financial year 2007

(2009/112/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Fourth ACP-EEC Convention, signed at Lomé on 15 December 1989(1) and amended by the Agreement signed in Mauritius on 4 November 1995(2),

Having regard to Internal Agreement 91/401/EEC on the financing and administration of Community aid under the fourth ACP-EEC Convention(3), hereinafter referred to as the Internal Agreement, setting up, amongst others, the Seventh European Development Fund (Seventh EDF) and in particular Article 32(3) thereof,

Having regard to the Financial Regulation 91/491/EEC of 29 July 1991 applicable to development finance cooperation under the Fourth ACP-EEC Convention(4), and in particular Articles 69 to 77 thereof,

Having examined the revenue and expenditure account and the balance sheet relating to the operations of the Seventh EDF as at 31 December 2007 and the Court of Auditors′ report concerning the financial year 2007 together with the Commission's replies(5),

Whereas:

(1) Pursuant to Article 32(3) of the Internal Agreement, the discharge for the financial management of the Seventh EDF is to be given to the Commission by the European Parliament on the recommendation of the Council.

(2) The overall implementation by the Commission of the operations of the Seventh EDF during the financial year 2007 has been satisfactory,

HEREBY RECOMMENDS that the European Parliament give the Commission a discharge in respect of the implementation of the operations of the Seventh EDF for the financial year 2007.

Done at Brussels, 10 February 2009.

For the Council

The President

KALOUSEK

(1)

OJ L 229, 17.8.1991, p. 3

(2)

OJ L 156, 29.5.1998, p. 3

(3)

OJ L 229, 17.8.1991, p. 288

(4)

OJ L 266, 21.9.1991, p. 1

(5)

OJ C 286, 10.11.2008, p. 273