No L 126/36 Official Journal of the European Communities 9.5. 89 COMMISSION DECISION of 26 April 1989 reallocating the fifth European Development Fund appopriations not yet committed from non-programmable resources for the overseas countries and " territories (89/308/EEC) ‘ THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Decision 80/1186/EEC of 16~ December 1980 on- the association of the overseas countries and territories with the European Economic Community, and in particular Articles. 117 (3) (c) and 132 thereof (), ' Having regard to the Internal Agreement of 1979 on the financing and administration. of Community aid, hereinafter referred to as the ‘Internal Agreement’ (3), Whereas, "by Decision 80/1186/EEC, the Council granted certain appropriations to overseas countries and territories, hereinafter referred to as ‘OCT’, under the fifth European Development Fund (EDF); whereas there are among the non-programmable appropriations outstanding balances which have not yet been committed for emergency aid (ECU - 2325 061), risk capital (ECU ' 1.283000) and regional projects (ECU" 3 908 000) ; Whereas this Decision provides that upon its expiry (28 February 1985) any monies -transferred to the special appropriation which have not been committed for emergency aid shall be returned to the Fund proper for financing other schemes falling within the scope of financial and technical cooperation, unless the Council decides otherwise (Article 117 (3) (c)), that the appropri- ations provided for in the form of risk capital but not committed shall be added to those provided for in the form of special loans, and that the appropriations provided  for financing regional projects - but not committed shall be- made available for financing other projects and programmes in the same subregion (Article 132); .  Whereas a sufficient period of time has been allowed for these appropriations to ‘be committed and they should - now be reallocated ; whereas as regards emergency-aid, in the light of initial contacts with the representatives of .the - three Member States concerned, there is no evidence to suggest that the Council will decide otherwise ; whereas the unused funds should therefore be returned according () OJ No L 361, 31. 12. 1980, p. 1. () OJ No L 347, 22. 12. 1980, p. 210. to the procedures set out in Decision 80/1186/EEC and pursuant to Article- 7 (1) of the Internal Agreement; Whereas the Council had originally divided into three equal shares the resources granted to the United Kingdom, French and Netherlands OCT for-projects and programmes to be implemented under. the fifth EDF; whereas since then the shares of France and the United Kingdom have been slightly reduced, as two of the OCT for which these Member States has responsibility (the Franco-British condominium of New Hebrides, and Saint Vincent) became independent and ‘acceded to the second Lomé Convention (as Vanuatu, and Saint Vincent and the Grenadines), whereupon the Council transferred a proportion of the regional appropriations for the two areas concerned to the ACP appropriations; whereas it is necessary to keep the same balance when reallocating the appropriations which have not yet been committed ; Whereas, moreover, since 1 January 1988 Commission delegates have been involved in the implementation of the EDF in the United Kingdom and Netherlands OCT, using the resources of Chapters A 18 and A 28 of the Community budget, while the EDF is implemented. in the French OCT by means of technical assistance; whereas, in order to maintain the balance between the three equal shares, pending similar treatment for the French OCT, an appropriate amount should be added to the French- share to cover the costs of this technical assistance ; ‘ Whereas it will then be necessary to carry out additional programming procedures with the relevant authorities of the countries and territories concerned for the additional amounts- made available to them, HAS ADOPTED THIS DECISION : Article 1 In: the framework of the appropriations. provided for under the fifth EDF for overseas countries and territories, funds not committed from the appropriations relating to emergency aid, risk capital or regional projects shall be transferred to the financing of projects and programmes to be implemented in the three OCT areas for which the Kingdom of the Netherlands, the French Republic and the United Kingdom have responsibility.