16.4.2011 Official Journal of the European Union L 102/1 (Non-legislative acts) REGULATIONS COUNCIL REGULATION (EU) No 370/2011 of 11 April 2011 amending Regulation (EC) No 215/2008 on the Financial Regulation applicable to the 10th European Development Fund, as regards the European External Action Service THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217 thereof, 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 (') as last amended in Ouagadougou, Burkina Faso, on 22 June 2010 (3), Having regard to the Internal Agreement between the Represen- tatives of the Governments of the Member States, meeting within the Council, on the financing of Community aid under the multiannual financial framework for the period 2008 to 2013 in accordance with the ACP-EC Partnership Agreement and on the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the EC Treaty applies ) (the Internal Agreement) and in particular Article 10(2) thereof, Having regard to the proposal from the European Commission, Having regard to the opinion of the Court of Auditors (*), Having consulted the European Investment Bank, Whereas: (1) Council Regulation (EC) No 215/2008 (°), lays down the rules for the establishment and financial implementation of the resources of the 10th European Development Fund (hereinafter ‘EDF). () O] L 317, 15.12.2000, p. 3. () O] L 287, 4.11.2010, p. 3. () O] L 247, 9.9.2006, p. 32. (4 0] C 66, 1.3.2011, p. 1. () O] L 78, 19.3.2008, p. 1. (2)  The Treaty of Lisbon establishes a European External Action Service (hereinafter ‘EEAS). In order to take into account the establishment of the EEAS, Council Regu- lation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (°) (hereinafter the ‘Financial Regulation’) has been amended by Regu- lation (EU, Euratom) No 1081/2010 of the European Parliament and of the Council (). In order to provide for a stable legal framework for the implementation of the EDF and to take into account the establishment of the EEAS and amendments to the Financial Regulation, it is necessary to amend Regulation (EC) No 215/2008. (3)  According to Council Decision 2010/427[EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service (%), the EEAS is a service of a sui generis nature and should be treated as an institution for the purposes of the Financial Regulation. (4)  The Treaty on the Functioning of the European Union provides that Commission Delegations will become part of the EEAS as Union Delegations. It is necessary to ensure the continuity of the functioning of Union Delegations and in particular the continuity and effi- ciency in the management of EDF resources by the Delegations. Therefore the Commission should be auth- orised to sub-delegate its powers of implementation of EDF resources to Heads of Union Delegations belonging to EEAS as a separate institution. The authorising officers by delegation should continue to be responsible for the definition of internal management and control systems, while the Heads of Union Delegations should be () O] L 248, 16.9.2002, p. 1. (') Regulation (EU, Euratom) No 1081/2010 of the European Parliament and of the Council of 24 November 2010 amending Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities, as regards the European External Action Service, (O] L 311, 26.11.2010, p. 9). (% OJ L 201, 3.8.2010, p. 30.