17.4.2003 Official Journal of the European Union L 99/45 (Acts whose publication is not obligatory) COUNCIL COUNCIL DECISION of 8 April 2003 concerning the coverage of costs incurred by the European Investment Bank for the management of the Investment Facility of the Cotonou Agreement and the Overseas Association Decision (2003/268/EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Commu- nity, Having regard 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, signed in Cotonou on 23 June 2000 ('), hereafter referred to as the ‘Cotonou Agreement, Having regard to the Internal Agreement of 12 September 2000 between Representatives of the Governments of the Member States, meeting within the Council, on the Financing and Administration of Community Aid under the Financial Protocol to the Partnership Agreement between the African, Caribbean and Pacific States and the European Community and its Member States signed in Cotonou (Benin) on 23 June 2000 and the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the EC Treaty applies (3) and in particular Article 8(2) thereof, Having regard to Council Decision 2001/822/EC of 27 November 2001 on the association of the overseas countries and territories with the European Community (Overseas Asso- ciation Decision) (%), Having regard to the proposal from the Commission drawn up in agreement with the European Investment Bank, hereafter referred to as ‘Bank’, Whereas: (1) There is at present no provision in the Cotonou Agree- ment and the Overseas Association Decision for meeting the costs incurred by the Bank for the management of the Investment Facility. 0J L 317, 15.12.2000, p. 3. () OJL 317, 15.12.2000, p. 355. OJ L 314, 30.11.2001, p. 1. (2)  The Bank is to apply all income generated from standard appraisal fees charged to clients of the Investment facility towards the coverage of its normal costs, with the exclu- sion of exceptional fees received to cover extraordinary expenses incurred, HAS ADOPTED THIS DECISION: Atrticle 1 The provision for the fees charged by the Bank to manage the Investment Facility and the interest rate subsidies including the resources reserved for the Overseas Countries and Territories (hereafter referred to as the ‘OCT’, shall be equivalent to a maximum of 10 % over five years of EUR 2 200 million. The fees are intended to cover in full the cost of managing the Investment Facility, including the management of sums allo- cated to finance interest subsidies for operations in the ACP States and the OCT, during the five years of the First Financial Protocol of the Cotonou Agreement. Atticle 2 To the extent that the remit of the Bank as defined in Annex II of the Cotonou Agreement and in the operational guidelines of the Investment Facility remains unchanged, the maximum fee specified under Article 1 shall constitute a ceiling. Atticle 3 Every year, by 1 September at the latest, the Bank shall present to the Investment Facility Committee its cost estimates for the following year and the corresponding level of fees required. These data shall be included in the Investment Facility business plan approved by the Investment Facility Committee. Cost presentation for the first year shall depend on the date of entry into force of the Cotonou Agreement.