title: 2012/507/EU: Decision of the European Central Bank of 7 September 2012 amending Decision ECB/2010/14 on the authenticity and fitness checking and recirculation of euro banknotes (ECB/2012/19)

text:
               20.9.2012

               EN

               Official Journal of the European Union

               L 253/19

         DECISION OF THE EUROPEAN CENTRAL BANK
   of 7 September 2012
   amending Decision ECB/2010/14 on the authenticity and fitness checking and recirculation of euro banknotes
   (ECB/2012/19)
   (2012/507/EU)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 128(1) thereof,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 16 thereof,
   Whereas:

               (1)

               On 16 September 2010 the European Central Bank (ECB) adopted Decision ECB/2010/14 on the authenticity and fitness checking and recirculation of euro banknotes (1), which lays down common rules and procedures protecting the integrity of euro banknotes as a means of payment.

               (2)

               In particular, the scope of Decision ECB/2010/14 needs to be amended to cover current and future series of euro banknotes thereby ensuring that the euro banknotes in circulation are genuine and fit and that suspect counterfeit euro banknotes are detected and handed over to the competent national authorities. To this end, a number of technical amendments to the annexes to Decision ECB/2010/14 should be made.

               (3)

               The minimum standards for automated fitness checking of euro banknotes, as set out in Annex IIIa to Decision ECB/2010/14, constitute requirements applying to the functionalities of banknote handling machines. They are therefore only of interest to manufacturers of banknote handling machines and have no impact on the authenticity and fitness checking procedures laid down in Decision ECB/2010/14, with which cash handlers have to comply. As they are outside the scope of Decision ECB/2010/14, the minimum standards for automated fitness checking should be integrated into the rules and procedures for the testing of banknote handling machines, data collection and monitoring.

               (4)

               In the light of experience gained in relation to Decision ECB/2010/14 it is necessary to improve some of the rules and procedures for reasons of clarity and efficiency.

               (5)

               Decision ECB/2010/14 should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Amendments
   Decision ECB/2010/14 is amended as follows:

               (1)

               in Article 2, the following definition is added:

                           ‘13.

                           “euro banknotes” means those banknotes complying with the requirements of Decision ECB/2003/4 (2) or any legal act replacing or complementing that Decision and with the technical specifications laid down by the Governing Council.

               (2)

               in Article 3, paragraph 5 is replaced by the following:
               ‘5.   Staff-operated machines, when used for the purpose of authenticity and fitness checking, and customer-operated machines may only be put into operation by cash handlers if they have been successfully tested by an NCB and listed on the ECB’s website as laid down in Article 9(2). The machines shall be used only for the denominations and series of euro banknotes listed on the ECB’s website for the corresponding machines, with the standard factory settings, including any updates thereof, that have been successfully tested unless stricter settings are agreed between the NCB and the cash handler.’;

               (3)

               Article 6 is replaced by the following:
               ‘Article 6
               Detection of unfit euro banknotes
               1.   Manual fitness checking shall be carried out in accordance with the minimum standards laid down in Annex III.
               2.   Automated fitness checking shall be carried out by a successfully tested banknote handling machine according to the minimum standards which are published on the ECB’s website and amended from time to time.
               3.   An NCB may, after informing the ECB, lay down stricter standards for one or more denominations or series of euro banknotes if this is justified, for example by a deterioration in the quality of the euro banknotes in circulation in its Member State. These stricter standards shall be published on that NCB’s website.
               4.   Unfit euro banknotes shall be handed over to an NCB in consideration of national regulations.’;

               (4)

               in Article 8, paragraph 4 is replaced by the following:
               ‘4.   Cash handlers shall be informed by the Eurosystem of counterfeit threats when appropriate and may be required by the Eurosystem to take action, including imposing a temporary prohibition on the recirculation of the euro banknote denomination(s) of the series concerned.’;

               (5)

               in Article 9, paragraph 3 is replaced by the following:
               ‘3.   Where a type of banknote handling machine is successfully tested, the test results shall be valid throughout the euro area for one year from the end of the month in which the test was carried out, provided that it remains capable of detecting all counterfeit euro banknotes known to the Eurosystem during this period.’;

               (6)

               in Article 10, paragraph 3 is replaced by the following:
               ‘3.   When an NCB detects non-compliance by a cash handler with the provisions of this Decision, it shall require the adoption by the cash handler of corrective measures within a specified time limit. Until the non-compliance is rectified, the requiring NCB may, on behalf of the ECB, prohibit the cash handler from recirculating the euro banknote denomination(s) of the series concerned. If the non-compliance is due to a failure of the type of banknote handling machine, this may lead to its removal from the list referred to in Article 9(2).’;

               (7)

               Article 13 is replaced by the following:
               ‘Article 13
               Final provisions
               1.   This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.
               2.   Cash handlers of Member States that adopt the euro following the date of adoption of this Decision shall apply it from the date of adoption of the euro.’;

               (8)

               Annexes I, IIa, IIb, IIIa, IIIb and IV are amended in accordance with the Annex to this Decision.

         Article 2
   Entry into force
   This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

      Done at Frankfurt am Main, 7 September 2012.

            The President of the ECB

         Mario DRAGHI

      (1)  OJ L 267, 9.10.2010, p. 1.

      (2)  OJ L 78, 25.3.2003, p. 16.’;

      ANNEX
      Annexes I, IIa, IIb, IIIa, IIIb and IV to Decision ECB/2010/14 are amended as follows:

                  1.

                  Annex I is replaced by the following:

                     ‘ANNEX I

                        BANKNOTE HANDLING MACHINES

                     1.   General technical requirements

                                 1.1.

                                 To qualify as a banknote handling machine, a machine has to be capable of processing euro banknotes, classifying the individual euro banknotes and physically separating the euro banknotes according to their classifications without the intervention of the machine operator, subject to Annex IIa and IIb. Banknote handling machines need to have the required number of dedicated output stackers and/or other means to ensure the reliable separation of the euro banknotes processed.

                                 1.2.

                                 Banknote handling machines have to be adaptable to ensure that they are capable of reliably detecting new counterfeits. Moreover, they have to be adaptable to enable the setting up of more or less restrictive fitness sorting standards, if applicable.

                           2.   Categories of banknote handling machines

                     Banknote handling machines are either customer-operated machines or staff-operated machines:

                        Table 1

                        Customer-operated machines

                                 A.   Customer-operated machines where cash is deposited with customer tracing

                                 1.

                                 Cash-in machines (CIMs)

                                 CIMs allow customers, by using a bank card or other means, to deposit euro banknotes in their bank accounts, but do not have any cash-dispensing function. CIMs check euro banknotes for authenticity and allow for traceability of the account holder; fitness checks are optional

                                 2.

                                 Cash-recycling machines (CRMs)

                                 CRMs allow customers, by using a bank card or other means, to deposit euro banknotes in their bank accounts and to withdraw euro banknotes from their bank accounts. CRMs check euro banknotes for authenticity and fitness and allow for tracebility of the account holder. For withdrawals, CRMs may use genuine fit euro banknotes that have been deposited by other customers in previous transactions

                                 3.

                                 Combined cash-in machines (CCMs)

                                 CCMs allow customers, by using a bank card or other means, to deposit euro banknotes in their bank accounts and to withdraw euro banknotes from their bank accounts. CCMs check euro banknotes for authenticity and allow for traceability of the account holder; fitness checks are optional. For withdrawals, CCMs do not use euro banknotes that have been deposited by other customers in previous transactions but only euro banknotes loaded separately into them

                                 B.   Other customer-operated machines

                                 4.

                                 Cash-out machines (COM)

                                 COMs are cash dispensers which check euro banknotes for authenticity and fitness before dispensing them to customers. COMs use euro banknotes loaded into them by cash handlers or other automated systems (e.g. vending machines)

                           A CRM may be used as a CIM or CCM if the detector systems, software and other components for the performance of their core functionalities are the same as the CRM type listed on the ECB website.
                     A CCM may be used as a CIM if the detector systems, software and other components for the performance of its core functionalities are the same as the CCM type listed on the ECB website.

                        Table 2

                        Staff-operated machines

                                 1.

                                 Banknote processing machines (BPMs)

                                 BPMs check euro banknotes for authenticity and fitness

                                 2.

                                 Banknote authentication machines (BAMs)

                                 BAMs check euro banknotes for authenticity

                                 3.

                                 Teller assistant recycling machines (TARMs)

                                 TARMs are cash recycling machines operated by cash handlers that check euro banknotes for authenticity and fitness. For withdrawals, TARMs may use genuine fit euro banknotes that have been deposited by other customers in previous transactions. In addition, they keep euro banknotes in safe custody and allow cash handlers to credit or debit the bank accounts of customers

                                 4.

                                 Teller assistant machines (TAMs)

                                 TAMs are machines operated by cash handlers that check euro banknotes for authenticity. In addition, they keep euro banknotes in safe custody and allow cash handlers to credit or debit the bank accounts of customers

                           Staff operated machines must process the banknotes in batches.
                     TARMs and TAMs may be used as customer-operated machines if the machine type has been tested and listed on the ECB’s website as a CRM or CIM/CCM, respectively. In this case, a TARM is to be considered as a CRM and a TAM is to be considered as a CIM/CCM.
                     3.   Types of banknote handling machines

                     The Eurosystem tests types of banknote handling machines. Types of banknote handling machines can be distinguished from each other through their specific detector systems, software and other components for the performance of their core functionalities. These are: (a) the authentication of genuine euro banknotes; (b) the detection and separation of euro banknotes suspected to be counterfeit; (c) the detection and separation of unfit euro banknotes from fit euro banknotes, if applicable; and (d) the tracing of objects identified as suspect counterfeit euro banknotes and of euro banknotes that are not clearly authenticated, if applicable.’;

                  2.

                  Annex IIa is replaced by the following:

                     ‘ANNEX IIa

                        CLASSIFICATION AND TREATMENT OF EURO BANKNOTES BY CUSTOMER-OPERATED MACHINES

                     Euro banknotes are classified into one of the following categories and are physically separated by category. Machines which do not check euro banknotes for fitness do not need to distinguish between categories 4a and 4b euro banknotes.

                        Table 1

                        Classification and treatment of euro banknotes by customer-operated machines in which cash is deposited with customer tracing

                                 Category

                                 Properties

                                 Treatment

                                 1.

                                 Objects not recognised as euro banknotes

                                 Not recognised as euro banknotes because of any of the following:

                                             —

                                             euro banknotes not supported by the machine

                                             —

                                             non-euro banknotes

                                             —

                                             euro banknote-like objects

                                             —

                                             wrong image or format

                                             —

                                             large folded corner(s) or missing part(s)

                                             —

                                             feeding or transportation error of the machine

                                 Return by the machine to the customer

                                 2.

                                 Suspect counterfeit euro banknotes

                                 Image and format recognised, but one or more authentication feature checked by the machine not detected or clearly out of tolerance

                                 Withdraw from circulation
                                 To be handed over for authentication, together with information related to the account holder, to the competent national authorities immediately, at the latest 20 working days after deposit in the machine. Do not credit to the account holder

                                 3.

                                 Euro banknotes that are not clearly authenticated

                                 Image and format recognised, but not all authentication features checked by the machine are recognised because of quality and/or tolerance deviations. In most cases unfit euro banknotes

                                 Withdraw from circulation
                                 The euro banknotes are processed separately and handed over for authentication to the NCB immediately, at the latest 20 working days after deposit in the machine
                                 Information on the account holder is stored for eight weeks after the euro banknotes have been detected by the machine. This information is made available on request to the NCB. Alternatively, in agreement with the NCB, information allowing the traceability of the account holder can be handed over together with the euro banknotes to that NCB
                                 May be credited to the account holder

                                 4a.

                                 Euro banknotes that are identified as genuine and fit

                                 All authenticity and fitness checks carried out by the machine giving positive results

                                 Can be used for recirculation
                                 Credited to the account holder

                                 4b.

                                 Euro banknotes that are identified as genuine and unfit

                                 All authenticity checks carried out by the machine giving positive results. At least one fitness criterion checked giving a negative result

                                 Cannot be used for recirculation and are returned to the NCB
                                 Credited to the account holder

                           Specific rules regarding Table 1:

                                 1.

                                 Categories 2 and 3 euro banknotes are not returned to the customer by a machine if the machine allows the cancellation of a deposit transaction. Retaining such euro banknotes when a transaction is cancelled can be done by storing them in a temporary storage area in the machine.

                                 2.

                                 Category 3 euro banknotes may not be physically separated from category 4b euro banknotes. In such case the timeframe for handing over the mixed category 3 and 4b euro banknotes to the NCB and the requirements for the customer tracing of the category 3 euro banknotes as specified for category 3 still apply.

                        Table 2

                        Classification and treatment of euro banknotes by other customer-operated machines

                                 Category

                                 Properties

                                 Treatment

                                 1.

                                 Objects not recognised as euro banknotes

                                 Not recognised as euro banknotes because of any of the following:

                                             —

                                             euro banknotes not supported by the machine

                                             —

                                             non-euro banknotes

                                             —

                                             euro banknote-like objects

                                             —

                                             wrong image or format

                                             —

                                             large folded corner(s) or missing part(s)

                                             —

                                             feeding or transportation error of the machine

                                 Cannot be dispensed to customers

                                 2.

                                 Suspect counterfeit euro banknotes

                                 Image and format recognised, but one or more authentication feature checked by the machine not detected or clearly out of tolerance

                                 Cannot be dispensed to customers
                                 To be handed over for authentication to the competent national authorities immediately, at the latest 20 working days after detection by the machine together with information related to the account holder if available

                                 3.

                                 Euro banknotes that are not clearly authenticated

                                 Image and format recognised, but not all authentication features checked by the machine are recognised because of quality and/or tolerance deviations. In most cases unfit euro banknotes

                                 Cannot be dispensed to customers
                                 The euro banknotes are processed separately and handed over to the NCB for authentication immediately, at the latest 20 working days after deposit in the machine

                                 4a.

                                 Euro banknotes that are identified as genuine and fit

                                 All authenticity and fitness checks carried out by the machine giving positive results

                                 Can be dispensed to customers

                                 4b.

                                 Euro banknotes that are identified as genuine and unfit

                                 All authenticity checks carried out by the machine giving positive results. At least one fitness criterion checked giving a negative result

                                 Cannot be dispensed to customers and are returned to the NCB

                           Specific rules regarding Table 2:

                                 1.

                                 Category 1, 2 and 3 euro banknotes may not be physically separated. Mixed, all three categories must be treated as category 2 euro banknotes. If category 1, 2 and 3 euro banknotes can be separated on another banknote handling machine or, if agreed by an NCB, by trained staff members, they must be treated in accordance with Table 2.

                                 2.

                                 Category 3 euro banknotes may not be physically separated from category 4b euro banknotes. In such case the timeframe for handing over the mixed category 3 and 4b euro banknotes to the NCB as specified in category 3 still applies.’;

                  3.

                  Annex IIb is replaced by the following:

                     ‘ANNEX IIb

                        CLASSIFICATION AND TREATMENT OF EURO BANKNOTES BY STAFF-OPERATED MACHINES

                     Euro banknotes are classified into one of the categories set out in Table 1. Categories 4a and 4b euro banknotes are to be physically separated from categories 1, 2 and 3 euro banknotes. Machines which do not check euro banknotes for fitness do not need to distinguish between categories 4a and 4b euro banknotes.

                        Table 1

                        Classification and treatment of euro banknotes by staff-operated machines

                                 Category

                                 Properties

                                 Treatment

                                 1.

                                 Objects not recognised as euro banknotes

                                 Not recognised as euro banknotes because of any of the following:

                                             —

                                             euro banknotes not supported by the machine

                                             —

                                             non-euro banknotes

                                             —

                                             euro banknote-like objects

                                             —

                                             wrong image or format

                                             —

                                             large folded corner(s) or missing part(s)

                                             —

                                             feeding or transportation error of the machine

                                 Return by the machine to the operator for further evaluation and treatment.
                                 After visual evaluation by a staff member these can be returned by the cash handler to the customer.

                                 2.

                                 Suspect counterfeit euro banknotes

                                 Image and format recognised, but one or more authentication feature checked by the machine not detected or clearly out of tolerance

                                 Return by the machine to the operator for further treatment.
                                 These are processed separately and handed over for final authentication to the competent national authorities immediately, at the latest 20 working days after processing by the machine.

                                 3.

                                 Euro banknotes that are not clearly authenticated

                                 Image and format recognised, but not all authentication features checked by the machine are recognised because of quality and/or tolerance deviations. In most cases unfit euro banknotes

                                 4a.

                                 Euro banknotes that are identified as genuine and fit

                                 All authenticity and fitness checks carried out by the machine giving positive results

                                 Can be used for recirculation.
                                 Credited to the account holder.

                                 4b.

                                 Euro banknotes that are identified as genuine and unfit

                                 All authenticity checks carried out by the machine giving positive results. At least one fitness criterion checked giving a negative result

                                 Cannot be used for recirculation and are returned to the NCB.
                                 Credited to the account holder.

                           Specific rule regarding Table 1:
                     If euro banknotes in categories 2 and 3 can be physically separated by the machine itself or by another banknote handling machine, or, if the NCB agrees, by trained staff members, then category 3 euro banknotes can be provided together with category 4b euro banknotes to the NCB. In such case the time limit for handing category 2 euro banknotes to the competent national authority and mixed category 3 and 4b euro banknotes to the NCB still apply as specified in the table.

                        Specific classification and sorting rules for some staff-operated machines

                                 1.

                                 BPMs classify and physically sort euro banknotes of categories 1, 2 and 3 into one or more output stackers and euro banknotes of categories 4a and 4b into two separate output stakers as set out in Annex IIb, for which at least three dedicated output stackers are needed to avoid the intervention of the machine operator.

                                 2.

                                 BPMs with only two dedicated output stackers may however classify and sort euro banknotes if the following requirements are fulfilled:

                                             (a)

                                             The authenticity and fitness checks are conducted in the same pass. In this pass, category 4a euro banknotes must be sorted into one stationary output stacker, whereas euro banknotes of the other categories must be sorted into a separate stationary output stacker that does not have any physical contact with category 4a euro banknotes.

                                             (b)

                                             If a category 1, 2 or 3 euro banknote is identified as being present in the second output stacker, the operator must re-run the euro banknote(s) from the second output stacker. In this second pass, category 1, 2 and 3 euro banknotes must be separated from the category 4b euro banknotes by sorting the former into a dedicated output stacker and treated as specified in the table above. As the machine cannot physically separate category 1, 2 and 3 euro banknotes into different output stackers, they must all be considered and treated as category 2 euro banknotes.

                                 3.

                                 BAMs classify and physically sort euro banknotes of categories 1, 2 and 3 into one output stacker and euro banknotes of categories 4a and 4b into a second output stacker, for which at least two dedicated output stackers are needed to avoid the intervention of the machine operator.

                                 4.

                                 BAMs with only one dedicated output stacker may however classify and sort euro banknotes if the following requirements are fulfilled:

                                             (a)

                                             Each time a category 1, 2 or 3 euro banknote is processed, the machine must stop the processing immediately and keep that euro banknote in a position that avoids any physical contact with authenticated euro banknotes.

                                             (b)

                                             The result of the authenticity check must be indicated for any single euro banknote of category 1, 2 or 3 on a display. As the machine cannot physically separate category 1,2 and 3 euro banknotes into different output stackers, they must all be considered and treated as category 2 euro banknotes.

                                             (c)

                                             The machine must check for the presence of a category 1, 2 or 3 euro banknote when it stops processing, and processing can only be resumed after the physical removal of the category 1, 2 or 3 euro banknote by the operator.

                                             (d)

                                             For each stop of the processing mode no more than one category 1, 2 or 3 euro banknote can be accessible to the operator.’;

                  4.

                  Annex IIIa is deleted, Annex IIIb is renumbered as Annex III;

                  5.

                  Annex IV is replaced by the following:‘
                     ANNEX IV

                        DATA COLLECTION FROM CASH HANDLERS

                     1.   Objectives

                     The objectives of data collection are to enable the NCBs and the ECB to monitor the relevant activities of cash handlers and to oversee developments in the cash cycle.
                     2.   General principles

                                 2.1.

                                 Data on banknote handling machines are only reported when the machines are used to comply with this Decision.

                                 2.2.

                                 Cash handlers regularly provide the NCB of their Member State with the following:

                                             —

                                             information on establishments where cash is handled such as branch offices, and

                                             —

                                             information on banknote handling machines and cash dispensers.

                                 2.3.

                                 In addition, cash handlers that recirculate euro banknotes via banknote handling machines and cash dispensers regularly provide the NCB of their Member State with the following:

                                             —

                                             information on the volume of cash operations (number of euro banknotes processed) involving banknote handling machines and cash dispensers,

                                             —

                                             information on remote branches of credit institutions with a low level of cash operations where fitness checks are carried out manually.

                           3.   Type of data and reporting requirements

                                 3.1.

                                 Depending on its nature, the data collected are divided into master data and operational data.

                        Master data

                                 3.2.

                                 Master data cover information on: (a) the individual cash handlers and their banknote handling machines and cash dispensers in operation; and (b) remote branches of credit institutions.

                                 3.3.

                                 Master data are provided to the NCB at the date of application of this Decision and every six months thereafter. The data specified in the template set out in Appendix 1 must be provided, although the NCB may require them to be provided in a different format. NCBs may for a transitional period ask for monthly reporting, if this was their practice prior to this Decision entering into force, or for quarterly reporting.

                                 3.4.

                                 An NCB may decide, for monitoring reasons, to collect the data at local level, such as at branch offices.

                                 3.5.

                                 An NCB may decide to exclude from the scope of the reporting requirements banknote handling machines only used to process euro banknotes distributed over the counter or that are not used for recirculation. An NCB may require the cash handlers to indicate the CRMs and CCMs which are used respectively as CCMs/CIMs or CIMs.

                                 3.6.

                                 Data on remote branches specified in the template set out in Appendix 3 must be provided, although the NCB may require them to be provided in a different format.

                        Operational data

                                 3.7.

                                 Data originating from the processing and recirculation of euro banknotes by cash handlers are classified as operational data.

                                 3.8.

                                 An NCB may decide to exclude other economic agents, as referred to in Article 6(1) of Regulation (EC) No 1338/2001, from the obligation to report operational data if the number of euro banknotes they recirculate via cash dispensers is below a threshold determined by the NCB.

                                 3.9.

                                 Data are provided on a six-monthly basis. The data are reported to the NCB at the latest two months after the relevant reporting period, i.e. end-February and end-August. Data may be provided using the template set out in Appendix 2. NCBs may for a transitional period ask for monthly reporting, if this was their practice prior to this Decision entering into force, or for quarterly reporting.

                                 3.10.

                                 Data are provided by cash handlers which physically handle euro banknotes. If a cash handler has outsourced the checking for authenticity and fitness to another cash handler, the data are provided by the cash handler designated in accordance with Article 3(2).

                                 3.11.

                                 Data are reported by cash handlers in terms of pieces (volume), aggregated at national level and broken down by euro banknote denomination. A breakdown by banknote series is not required. For remote branches of credit institutions, operational data is reported separately.

                                 3.12.

                                 An NCB may decide, for monitoring reasons, to collect the data at local level, such as at branch offices.

                                 3.13.

                                 An NCB may decide to exclude from the scope of the reporting requirements euro banknotes that are processed on banknote handling machines and distributed over the counter.

                                 3.14.

                                 Cash handlers which have outsourced authenticity and fitness checking to other cash handlers may be requested to provide detailed information to the NCB on the latter, including the outsourcing arrangements.

                                 3.15.

                                 Data on remote branches specified in the template set out in Appendix 3 must be provided, although the NCB may require them to be provided in a different format and may agree with cash handlers to collect more extensive data.

                           4.   Confidentiality and publication of data

                                 4.1.

                                 Both master data and operational data are treated as confidential.

                                 4.2.

                                 The NCBs and the ECB may decide to publish reports or statistics using data acquired under this Annex. Any such publication is aggregated in such a way that no data can be attributed to single reporting entities.

                     Appendix 1

                        REPORTING TEMPLATE

                        Master data

                     This information is to be provided to:
                     [Name of NCB; contact details for queries; address]
                     1.   Cash handler information

                     Cash handler’s name:
                     Headquarters address:
                     Zip/postal code:
                     City:
                     Street:
                     Type of company:

                                 —

                                 Credit institution

                                 —

                                 Bureau de change

                                 —

                                 Cash in transit company which is not a payment institution

                                 —

                                 Trader (retailer)

                                 —

                                 Casino

                                 —

                                 Other, including payment institutions where not already categorised as one of the above (specify)

                           Contact persons:
                     Names:
                     Telephone Nos:
                     Telefax Nos:
                     E-mail addresses:
                     Outsourcing partner (if relevant)
                     Name:
                     Address:
                     Zip/postal code:
                     City:
                     2.   Customer-operated machines

                                 Machine category

                                 Identification number (1)

                                 Manufacturer (1)

                                 Machine name (1)

                                 Identification (1)

                                 (detector system/software versions)

                                 Total number in operation

                                 CIMs

                                 CRMs

                                 CCMs

                                 COMs

                           3.   Staff-operated machines

                                 Machine category

                                 Identification number (2)

                                 Manufacturer (2)

                                 Machine name (2)

                                 Identification (2)

                                 (detector system/software versions)

                                 Total number in operation

                                 BPMs

                                 BAMs

                                 TARMs

                                 TAMs

                           4.   Cash dispensers

                                 Total number in operation

                                 ATMs

                                 SCoTs

                                 Others

                     Appendix 2

                        REPORTING TEMPLATE

                        Operational data

                     1.   Cash handler information

                                 Cash handler’s name

                                 Reporting period

                           2.   Data

                     Please provide data aggregated at national or regional level, as decided by the NCB — excluding remote branches.

                                 Total number of euro banknotes processed (3)

                                 Of which sorted as unfit (3)

                                 Of which recirculated (4)

                                 EUR 5

                                 EUR 10

                                 EUR 20

                                 EUR 50

                                 EUR 100

                                 EUR 200

                                 EUR 500

                                 Number of euro banknotes distributed via customer operated machines and cash dispensers

                           If an NCB applies the exception for remote branches laid down in Article 7, these data are mandatory for the credit institutions of that Member State. Credit institutions must consult their NCBs to ascertain whether these data must be reported.

                     Appendix 3

                        REMOTE BRANCHES OF CREDIT INSTITUTIONS

                     This information is provided only by credit institutions which have remote branches as referred to in Article 7(1).
                     1.   Credit institution information

                                 Credit institution’s name

                                 Reporting period

                     2.   Data

                                 Name of remote branch

                                 Address

                                 Number of euro banknotes distributed via customer-operated machines and cash dispensers

                           ’

         (1)  These entries are completed following the corresponding entries on the ECB website.

         (2)  These entries are completed following the corresponding entries on the ECB website.

         (3)  This item covers both staff-operated and customer-operated machines.

         (4)  Euro banknotes that are returned to NCBs, and euro banknotes recirculated over the counter, if the NCB so decides, are excluded.


title: 2004/713/EC: Decision of the European Parliament of 21 April 2004 concerning discharge to the Director of Eurojust in respect of the implementation of its budget for the financial year 2002

text:
               21.4.2004

               EN

               Official Journal of the European Union

               L 330/40

         DECISION OF THE EUROPEAN PARLIAMENT
   of 21 April 2004
   concerning discharge to the Director of Eurojust in respect of the implementation of its budget for the financial year 2002
   (2004/713/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the Court of Auditors' report on the financial statements of Eurojust for the financial year 2002, together with Eurojust's replies (1) (C5-0662/2003),
   having regard to the Council's recommendation of 9 March 2004 (C5-0150/2004),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof, and to Council Decision 2003/659/JHA of 18 June 2003 amending Decision 2002/187/JHA setting up Eurojust with a view to reinforcing the fight against serious crime (3), and in particular Article 36 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,
   having regard to Rule 93a of and Annex V to its Rules of Procedure,
   having regard to the Report of the Committee on Budgetary Control and the opinion of the Committee on Citizen's Freedoms and Rights, Justice and Home Affairs (A5-0212/2004),

               1.

               Gives discharge to the Director of Eurojust in respect of the implementation of its budget for the financial year 2002;

               2.

               Records its comments in the accompanying resolution;

               3.

               Instructs its President to forward this decision and the accompanying resolution to the Director of Eurojust, the Council, the Commission and the Court of Auditors and to have them published in the Official Journal of the European Union (L series).

            The Secretary-General

         Julian PRIESTLEY

            The President

         Pat COX

      (1)  OJ C 319, 30.12.2003, p. 42.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 245, 29.9.2003, p. 44.

      (4)  OJ L 357, 31.12.2002, p. 72.
    ---documentbreak---

               21.4.2004

               EN

               Official Journal of the European Union

               L 330/41

         RESOLUTION
   of the European Parliament containing the comments accompanying the decision on the discharge to the Director of Eurojust in respect of the implementation of its budget for the financial year 2002
   THE EUROPEAN PARLIAMENT,
   having regard to the Court of Auditors' report on the financial statements of Eurojust for the financial year 2002, together with the Eurojust's replies (1) (C5-0662/2003),
   having regard to the Council's recommendation of 9 March 2004 (C5-0150/2004),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof, and to Council Decision 2003/659/JHA of 18 June 2003 amending Decision 2002/187/JHA setting up Eurojust with a view to reinforcing the fight against serious crime (3), and in particular Article 36 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,
   having regard to Rule 93a of and Annex V to its Rules of Procedure,
   having regard to the Report of the Committee on Budgetary Control and the opinion of the Committee on Citizen's Freedoms and Rights, Justice and Home Affairs (A5-0212/2004),

               A.

               Whereas the European Court of Auditors (ECA) stated in its above-mentioned report that it had obtained reasonable assurances that the accounts for the financial year ended 31 December 2002 are reliable and that the underlying transactions, taken as a whole, are legal and regular.

               B.

               Whereas Eurojust became operational at the end of 2002 and Parliament, in accordance with Article 185 of the new Financial Regulation, is exercising for the first time its competence to give discharge to Eurojust's Director in respect of the implementation of its budget.

               C.

               Whereas Parliament's competent committee received information from Eurojust in reply to questions it had forwarded to it,

               1.

               Notes the following figures for the accounts of Eurojust for the financial year 2002:
               Revenue and expenditure account for the financial year 2002

                           (1000 euro)

                           2002

                              Revenue

                           Commission subsidies

                              1 478

                              Total revenue (a)

                              1 478

                              Expenditure

                              Staff — Title I of the budget

                           Payments

                           205

                           Appropriations carried over

                           42

                              Administration — Title II of the budget

                           Payments

                           793

                           Appropriations carried over

                           268

                              Operational activities — Title III of the budget

                           Payments

                           213

                           Appropriations carried over

                           37

                              Total expenditure (b)

                              1 558

                              Outturn for the financial year (c = a - b)
                               (5)

                              - 80

         Budget implementation

               2.

               Notes Eurojust's position that it is at present concentrating on setting up and that problems that might be encountered during the initial stage of its work with regard to budget implementation are expected to be overcome in the financial year 2004;

         Financial Regulation

               3.

               Expresses its satisfaction that agreement seems imminent on Eurojust's compliance with the framework Financial Regulation; asks to be fully informed about the final agreement on this matter;

         Interinstitutional cooperation

               4.

               Welcomes Eurojust's readiness to draw on the experience, mechanisms and working methods of existing institutions; notes its remark on the difficulties that a small agency may encounter when dealing with a far bigger and complex institution such as the Commission;

               5.

               Welcomes Eurojust's position that it looks forward to receiving help and guidance from the Commission's services in particular in the areas of accounting and internal audit and control;

               6.

               Invites Eurojust to endeavour to establish a good working relationship with Parliament and its competent committees as regards both the discharge procedure and issues relating to its specific role and tasks;

         Horizontal points on the Agencies and the Commission

      Implementing the new Financial Regulation - Internal audit and control

               7.

               Reiterates the position taken in its resolutions (6) accompanying the discharge given to the agencies for 2001 as regards the implementation of the new Financial Regulation; invites the Commission and the Agencies to continue their cooperation, in particular in the areas of accounting, internal audit, management and control procedures, so as to ensure that a coherent harmonised framework for the functioning of the agencies is established;

               8.

               Recalls that it expressed concern in the discharge resolution for 2001 concerning the lack of controls on the agencies carried out by the internal audit service of the Commission (IAS); expresses grave concern that such controls do not seem to have been carried out this year; asks the Commission and the IAS to explain the reasons for this and to provide data about the number of staff available to the Internal Auditor to carry out controls in the agencies; expects the Commission to indicate how it can guarantee that sufficient and correct controls are carried out in the satellite bodies, in particular the IAS;

               9.

               Stresses that it is essential that the agencies be required to submit to the investigative powers of OLAF under the same conditions as the institutions (7); invites the ECA to provide information, in time for adoption of the discharge resolution, on whether the Community bodies which acceded to the Interinstitutional Agreement of 25 May 1999 (8) on internal investigations by OLAF did so in the same terms as those laid down in the Annex to this Agreement;

         Financial Management

               10.

               Notes that in some of the agencies' replies to the questionnaire concerning the way in which the recurrent problem of substantial carry-overs might be addressed, mention is made of the possibilities offered by the new Financial Regulation, which provides for the use of ‘differentiated appropriations’; invites the agencies to better explain their analysis and to indicate in particular which of their activities of a multi-annual nature might be financed by such appropriations;

               11.

               Invites the Commission to present its position on such a solution and, should it consider that this solution is not feasible, to outline alternatives allowing for a substantial reduction in carry-overs;

         Review of the agencies

               12.

               Stresses that, prior to any decision to set up an agency, the Commission must make a rigorous analysis of the need for and added value of the functions that the agency will perform, with an eye to the principles of subsidiarity, budgetary rigour and procedural simplification;

               13.

               Calls on the Commission to make a general study of activities currently carried out by various Community bodies that might overlap or serve the same goals, and to propose appropriate solutions, including the possible mergers of agencies;

               14.

               Is concerned by the fact that there is an imbalance between administrative and operational expenditure in many agencies, with administrative expenditure exceeding expenditure for operational purposes; calls therefore on the Commission and the Agencies to set targets and a timetable to reduce the level of administrative expenditure as a proportion of total expenditure; notes that many agencies see opportunities in this regard, as listed in the questionnaire;

               15.

               With reference to the replies to the questionnaire on interinstitutional cooperation, encourages the agencies to improve cooperation between themselves in order to meet their needs in specific areas (for example, software development) and reduce costs, rather than adopt solutions which were initially designed for the purposes of the Commission but which often prove to be too cumbersome and complicated for the agencies' specific needs;

               16.

               Encourages the agencies to organise and develop a close working relationship with the competent parliamentary committees; invites its standing committees with competence in the areas of activity of each of the agencies to coordinate their action with the Committees of Budgets and Budgetary Control, with a view to ensuring efficient monitoring of the activity of the agencies;

         New sources of financing

               17.

               Welcomes the responses and ideas that emerged from the questionnaire concerning the possibilities of other sources of financing; notes that many current sources and proposals concern the letting of buildings and facilities and the sale of publications and information; realises that for reasons of independence, among other things, not all agencies are to accept additional financial sources; stresses the economies of scale and financial benefits of the participation of non-EU countries in the activities of certain agencies; calls on the Commission and the agencies to come forward with constructive proposals with regard to further development of new sources of additional financing, which would increase the level of self-financing;

               18.

               Welcomes the financial contributions of some Member States and regions to the agencies located on their area; considers it important for Council and the Commission to demand such contributions, especially when new agencies are set up;

         Harmonised operating framework

               19.

               Recalls its position (9) that the multitude of different forms in the existing agencies' structures was thought to be ‘neither transparent nor comprehensible, and, even bearing in mind the differences in tasks, not justified’; invites the Commission to conduct a review of all the existing agencies with a view to proposing, where appropriate, amendments to their basic instruments (10) so as to adapt them to the models that the future regulatory framework should encompass; instructs its competent committees to follow up this comprehensive review exercise, which should be conducted as soon as possible, and to take into consideration the horizontal issues mentioned in this discharge resolution;

               20.

               Invites the Commission to present appropriate proposals, aimed at creating such a harmonised framework for the agencies, prior to or at least in parallel with the presentation of the legislative proposals for the new agencies; insists that an interinstitutional agreement spelling out common guidelines is a pre-condition for creating the harmonised framework;

         Staff policy

               21.

               Notes that, as a result of the new Financial Regulation, the organigrams of the agencies are established by the budgetary authority; stresses the importance of this change for the agency discharge procedure in the years to come as regards checking application of the Staff Regulation in matters of recruitment, promotion policy, vacancy rates and recruitment policy;

               22.

               Notes that, in response to a questionnaire tabled in the course of the budgetary procedure for 2004, it was established that, on average, it took considerably fewer years to obtain promotion at several agencies than is the policy in the Commission, that vacancy rates were considerably higher compared to other institutions and that several of the requested new posts were not proposed at the lowest grade; considers that staff policy should form an important part of a review of the existing agencies;

               23.

               Considers that the staff policy of the agencies should comply with the Financial Regulation, the Staff Regulations and the best practice generally followed by the Institutions; considers that the Commission has been requested to give, before the 2005 budgetary procedure, guidelines concerning staff policy, notably the rate of vacant posts, the rate of promotions, the level of recruitment and the standard career profile;

               24.

               Recalls the principle that the agencies should as far as possible employ staff on temporary contracts, in order to maintain flexibility and efficiency;

               25.

               Is concerned about the serious anomalies detected in connection with the selection procedures of the European Monitoring Centre for Drugs and Drug Addiction, including: imprecise notice, incomplete selection committee minutes, criteria for assessing candidates not defined in advance (11); is very concerned that this might not be an isolated case but that agencies in general might have difficulty in managing these rather complex procedures in a fair and transparent manner;

               26.

               Is of the opinion that selection procedures organised by agencies should meet the same standards as those organised by the European Personnel Selection Office (EPSO) and that they should not be perceived as a backdoor for easy entry into the European civil service;

               27.

               Invites the Commission to make proposals in order to ensure that the Agencies benefit from appropriate support from the EPSO when organising selection procedures and that there is a mechanism in place to validate the outcome of such procedures externally before recruitment takes place.

      (1)  OJ C 319, 30.12.2003, p. 42.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 245, 29.9.2003, p. 44.

      (4)  OJ L 357, 31.12.2002, p. 72.

      (5)  Calculated as specified in Article 15 of Council Regulation (EC, Euratom) No 1150/2000 of 22 May 2000 (OJ L 130, 31.5.2000, p. 8).

      (6)  OJ L 148, 16.6.2003, p. 83 and OJ L 333, 20.12.2003, p. 53 (point 18).

      (7)  Texts adopted, 13 January 2004, P5_TA(2004) 0015.

      (8)  OJ L 136, 31.5.1999, p. 15.

      (9)  P5_TA(2004) 0015 (paragraphs 13 and 14).

      (10)  P5_TA(2004) 0015 (paragraph 24).

      (11)  See paragraph 13 of the Court of Auditors' specific report for 2002 (p. 64).


title: 2011/35/CFSP: Political and Security Committee Decision BiH/17/2011 of 14 January 2011 on the appointment of an EU Operation Commander for the European Union military operation in Bosnia and Herzegovina

text:
               21.1.2011

               EN

               Official Journal of the European Union

               L 18/41

         POLITICAL AND SECURITY COMMITTEE DECISION BiH/17/2011
   of 14 January 2011
   on the appointment of an EU Operation Commander for the European Union military operation in Bosnia and Herzegovina
   (2011/35/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular Article 38, second paragraph, thereof,
   Having regard to Council Joint Action 2004/570/CFSP of 12 July 2004 on a European Union military operation in Bosnia and Herzegovina (1), and in particular Article 6(1) thereof,
   Whereas:

               (1)

               Pursuant to Article 6(1) of Joint Action 2004/570/CFSP the Council authorised the Political and Security Committee to take decisions on the appointment of the EU Operation Commander.

               (2)

               According to Political and Security Committee Decision BiH/10/2007 of 25 September 2007 on the appointment of an EU Operation Commander for the European Union military operation in Bosnia and Herzegovina (2), Deputy Supreme Allied Commander for Europe (DSACEUR) General John McCOLL was appointed EU Operation Commander for the European Union military operation in Bosnia and Herzegovina.

               (3)

               NATO has decided to appoint General Sir Richard SHIRREFF as DSACEUR to replace General John McCOLL. The assignment of General Sir Richard SHIRREFF will begin on 4 March 2011. General Sir Richard SHIRREFF should also replace General John McCOLL in his capacity as EU Operation Commander for the European Union military operation in Bosnia and Herzegovina.

               (4)

               In accordance with Article 5 of Protocol (No 22) on the position of Denmark annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications.

               (5)

               The Copenhagen European Council adopted on 12 and 13 December 2002 a declaration stating that the ‘Berlin plus’ arrangements and the implementation thereof will apply only to those Member States of the Union which are also either NATO members or parties to the ‘Partnership for Peace’, and which have consequently concluded bilateral security agreements with NATO,

         HAS ADOPTED THIS DECISION:
   Article 1
   General Sir Richard SHIRREFF is hereby appointed EU Operation Commander for the European Union military operation in Bosnia and Herzegovina.
   Article 2
   This Decision shall enter into force on 4 March 2011.

      Done at Brussels, 14 January 2011.

            For the Political and Security Committee

            The Chairperson

         O. SKOOG

      (1)  OJ L 252, 28.7.2004, p. 10.

      (2)  OJ L 293, 10.11.2007, p. 8.


title: Decision No 1358/2008/EC of the European Parliament and of the Council of 16 December 2008 amending Decision No 1904/2006/EC establishing for the period 2007 to 2013 the programme Europe for Citizens to promote active European citizenship

text:
               30.12.2008

               EN

               Official Journal of the European Union

               L 350/58

      DECISION No 1358/2008/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 16 December 2008
   amending Decision No 1904/2006/EC establishing for the period 2007 to 2013 the programme ‘Europe for Citizens’ to promote active European citizenship
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Articles 151 and 308 thereof,
   Having regard to the proposal from the Commission,
   After consulting the European Economic and Social Committee,
   After consulting the Committee of the Regions,
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (1),
   Whereas:

               (1)

               Decision No 1904/2006/EC of the European Parliament and of the Council of 12 December 2006 (2) established the ‘Europe for Citizens’ programme for the period 2007 to 2013.

               (2)

               Article 8(3) of Decision No 1904/2006/EC stipulates that measures necessary for the implementation of the programme other than those listed in paragraph 2 are to be adopted in accordance with the procedure referred to in Article 9(3) of that Decision, namely in accordance with the advisory procedure established by Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (3).

               (3)

               This wording of Decision No 1904/2006/EC results in particular in selection decisions other than those referred to in Article 8(2) of that Decision being subject to the advisory procedure and to the European Parliament's right of scrutiny.

               (4)

               Yet these selection decisions mainly concern small grants and do not involve any politically sensitive decision making.

               (5)

               These procedural requirements add two to three months to the process of awarding grants to applicants. They cause many delays for recipients, place a disproportionate burden on the programme's administration and provide no added value given the nature of the grants awarded.

               (6)

               In order to allow selection decisions to be implemented more quickly and efficiently, it is necessary to replace the advisory procedure with an obligation on the Commission to inform the European Parliament and the Member States without delay about any measures taken for the implementation of Decision No 1904/2006/EC without the assistance of a committee,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   Decision No 1904/2006/EC is amended as follows:

               1.

               Article 8(3) shall be replaced by the following:
               ‘3.   The Commission shall inform the Committee referred to in Article 9 and the European Parliament of all other selection decisions it has taken for the implementation of this Decision within two working days of the adoption of the decisions in question. This information shall include descriptions and an analysis of the applications received, a description of the assessment and selection procedure, and lists of both the projects proposed for funding and those rejected.’;

               2.

               Article 9(3) shall be deleted.

         Article 2
   The Commission shall report to the European Parliament and the Council on the impact of this Decision by 30 June 2010.
   Article 3
   This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

      Done at Strasbourg, 16 December 2008.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         B. LE MAIRE

      (1)  Opinion of the European Parliament of 2 September 2008 (not yet published in the Official Journal) and Council Decision of 20 November 2008.

      (2)  OJ L 378, 27.12.2006, p. 32.

      (3)  OJ L 184, 17.7.1999, p. 23.


title: Council Decision (EU) 2016/581 of 11 April 2016 on the signing, on behalf of the European Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Eastern Republic of Uruguay pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedule of the Republic of Croatia in the course of its accession to the European Union

text:
               16.4.2016

               EN

               Official Journal of the European Union

               L 101/1

         COUNCIL DECISION (EU) 2016/581
   of 11 April 2016
   on the signing, on behalf of the European Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Eastern Republic of Uruguay pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedule of the Republic of Croatia in the course of its accession to the European Union
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 15 July 2013 the Council authorised the Commission to open negotiations with certain other Members of the World Trade Organization under Article XXIV:6 of the General Agreement on Tariffs and Trade (GATT) 1994, in the course of the accession to the European Union of the Republic of Croatia.

               (2)

               Negotiations have been conducted by the Commission within the framework of the negotiating directives adopted by the Council.

               (3)

               Those negotiations have been concluded and an Agreement in the form of an Exchange of Letters between the European Union and the Eastern Republic of Uruguay pursuant to Article XXIV:6 and Article XXVIII of GATT 1994 relating to the modification of concessions in the schedule of the Republic of Croatia in the course of its accession to the European Union was initialled on 18 December 2015.

               (4)

               The Agreement should be signed,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing on behalf of the Union of the Agreement in the form of an Exchange of Letters between the European Union and the Eastern Republic of Uruguay pursuant to Article XXIV:6 and Article XXVIII of GATT 1994 relating to the modification of concessions in the schedule of the Republic of Croatia in the course of its accession to the European Union is hereby authorised on behalf of the European Union, subject to the conclusion of that Agreement (1).
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 11 April 2016.

            For the Council

            The President

         M.H.P. VAN DAM

      (1)  The text of the Agreement will be published together with the decision on its conclusion.


title: Decision of the European Central Bank of 23 April 2004 laying down the measures necessary for the paying-up of the European Central Bank’s capital by the non-participating national central banks (ECB/2004/10)

text:
               9.6.2004

               EN

               Official Journal of the European Union

               L 205/19

      DECISION OF THE EUROPEAN CENTRAL BANK

   of 23 April 2004
   laying down the measures necessary for the paying-up of the European Central Bank’s capital by the non-participating national central banks
   (ECB/2004/10)
   (2004/507/EC)
   THE GENERAL COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank and in particular Article 48 thereof,
   Whereas:

               (1)

               Decision ECB/2003/19 of 18 December 2003 laying down the measures necessary for the paying-up of the European Central Bank’s capital by the non-participating national central banks (1), determined the percentage of the subscription to the European Central Bank’s (ECB’s) capital which the national central banks (NCBs) of the Member States that would not have adopted the euro on 1 January 2004 should pay up on 1 January 2004 as a contribution to the ECB’s operational costs.

               (2)

               In view of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union and their respective NCBs becoming part of the European System of Central Banks (ESCB) on 1 May 2004, Decision ECB/2004/5 of 22 April 2004 on the national central banks' percentage shares in the key for subscription to the European Central Bank’s capital (2) establishes with effect from 1 May 2004 the weightings assigned to each NCB that is part of the ESCB on 1 May 2004 in the key for subscription to the ECB’s capital (hereinafter the capital key weightings and the capital key respectively).

               (3)

               The ECB’s subscribed capital will be EUR 5 564 669 247,19 from 1 May 2004.

               (4)

               The expanded capital key requires the adoption of a new ECB decision repealing Decision ECB/2003/19 with effect from 1 May 2004 and determining the percentage of the subscription to the ECB’s capital which the NCBs of the Member States that will not have adopted the euro by 1 May 2004 (hereinafter the non-participating NCBs) should pay up on 1 May 2004.

               (5)

               In view of Article 3.3 of the Rules of Procedure of the General Council of the European Central Bank, the Governors of Česká národní banka, Eesti Pank, the Central Bank of Cyprus, Latvijas Banka, Lietuvos bankas, Magyar Nemzeti Bank, the Central Bank of Malta, Narodowy Bank Polski, Banka Slovenije and Národná banka Slovenska had the opportunity to submit observations regarding this Decision prior to its adoption,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Extent and form of paid-up capital
   Each non-participating NCB shall pay up 7 % of its subscription to the ECB’s capital on 1 May 2004. Taking into account the capital key weightings described in Article 2 of Decision ECB/2004/5, each non-participating NCB shall therefore pay up on 1 May 2004 the amount shown next to its name in the following table:

               (EUR)

               Non-participating NCBs

               Česká národní banka

               5 680 859,54

               Danmarks Nationalbank

               6 101 159,01

               Eesti Pank

               694 915,90

               Central Bank of Cyprus

               506 384,90

               Latvijas Banka

               1 160 010,95

               Lietuvos bankas

               1 723 656,30

               Magyar Nemzeti Bank

               5 408 190,75

               Central Bank of Malta

               252 023,87

               Narodowy Bank Polski

               20 013 889,41

               Banka Slovenije

               1 302 967,30

               Národná banka Slovenska

               2 783 948,38

               Sveriges Riksbank

               9 400 451,41

               Bank of England

               56 022 530,23

         Article 2
   Adjustment of the paid-up capital
   1.   Danmarks Nationalbank, Sveriges Riksbank and the Bank of England have already paid up 5 % of their share in the ECB’s subscribed capital as applicable until 30 April 2004 under Decision ECB/2003/19. In view of this, each of them shall either transfer an additional amount to the ECB, or receive an amount back from the ECB, as appropriate, in order to arrive at the amounts shown in the table in Article 1.
   2.   Each of the other non-participating NCBs shall transfer to the ECB the amount shown next to its name in the table in Article 1.
   3.   All transfers pursuant to this Article shall be made according to the terms and conditions set out in Decision ECB/2004/7 of 22 April 2004 laying down the terms and conditions for transfers of the European Central Bank’s capital shares between the national central banks and for the adjustment of the paid-up capital (3).
   Article 3
   Final provisions
   1.   This Decision shall enter into force on 23 April 2004.
   2.   Decision ECB/2003/19 is hereby repealed with effect from 1 May 2004.

      Done at Frankfurt am Main, 23 April 2004.

            The President of the ECB

         Jean-Claude TRICHET

      (1)  OJ L 9, 15.1.2004, p. 31.

      (2)  See page 5 of this Official Journal.

      (3)  See page 9 of this Official Journal.


title: Commission Decision of 23 April 2013 on setting up a Commission expert group to be known as the Platform for Tax Good Governance, Aggressive Tax Planning and Double Taxation

text:
               26.4.2013

               EN

               Official Journal of the European Union

               C 120/17

         COMMISSION DECISION
   of 23 April 2013
   on setting up a Commission expert group to be known as the Platform for Tax Good Governance, Aggressive Tax Planning and Double Taxation
   2013/C 120/07
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Whereas:

               (1)

               In its Communication of 6 December 2012 (1), the Commission presented an action plan to strengthen the fight against tax fraud and tax evasion. The Communication was accompanied by two Recommendations, one on aggressive tax planning (2) and one regarding measures intended to encourage third countries to apply minimum standards of good governance in tax matters (3). These areas are of particular importance today, as also underlined by the European Parliament in its resolution of 19 April 2012 on the call for concrete ways to combat tax fraud and tax evasion (4).

               (2)

               According to the Recommendation on aggressive tax planning, Member States should adopt a general anti-abuse rule under which they would ignore artificial arrangements carried out essentially for tax avoidance purposes and apply their tax rules instead by reference to actual economic substance. The Recommendation also encourages Member States to include in their double tax conventions a provision intended to prevent a specific form of double non-taxation.

               (3)

               The Recommendation regarding measures intended to encourage third countries to apply minimum standards on good governance in tax matters provides criteria allowing identification of third countries that do not meet those minimum standards. It also lists a series of actions that Member States may take in relation to such third countries and in favour of third countries that do comply with those standards or are committed to do so.

               (4)

               It is important that these Recommendations be implemented to the widest extent possible in a manner that benefits from all relevant experience, expertise and views. Moreover, these elements should also benefit the report the Commission has committed to publish, by the end of 2015, regarding the application of the abovementioned Recommendations. It should also benefit further work of the Commission in the area concerned.

               (5)

               In its Communication on double taxation in the single market (5), the Commission concluded that it would examine the potential benefits of setting up an EU Forum on double taxation, i.e. an expert group discussing problems pertaining to this subject. In view of their importance for the operation of the internal market, it appears that those problems should be regularly discussed in an expert group. Moreover, replies from the Commission's public consultation on factual examples and possible ways to tackle double non-taxation have emphasised that, from a practical point of view, double non-taxation and double taxation are often linked and should thus not be dealt with separately. Given that double non-taxation itself presents a link to aggressive tax planning, one of the subjects referred to above, it is appropriate to address double taxation in the same expert group, i.e. the present Platform.

               (6)

               The Platform should allow for a dialogue in these areas in which experience and expertise are exchanged and the views of all stakeholders are heard.

               (7)

               The Platform should be chaired by the Commission and consist of representatives from the Member States' tax authorities, organisations representing business or civil society and tax practitioners.

               (8)

               Rules on disclosure of information by members of the Platform should be laid down.

               (9)

               Personal data should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (6),

         HAS DECIDED AS FOLLOWS:
   Article 1
   Subject matter
   The group of experts called the ‘Platform for Tax Good Governance, Aggressive Tax Planning and Double Taxation’, hereinafter referred to as ‘the Platform’, is hereby set up.
   Article 2
   Tasks
   The Platform's tasks shall be:

               (a)

               to encourage discussion between business, civil society and national tax authorities' experts on issues in the field of good governance in tax matters, aggressive tax planning and double taxation. The term ‘good governance in tax matters’ covers transparency, exchange of information and fair tax competition;

               (b)

               to provide the Commission with information relevant to the identification of priorities in these areas and to selecting the appropriate means and instruments to achieve progress in these areas;

               (c)

               to contribute to the best possible application and implementation of the abovementioned Commission Recommendations, by identifying technical and practical issues potentially relevant in this area, as well as possible solutions;

               (d)

               to provide the Commission with information relevant to the preparation of its report on the application of its Recommendations regarding measures intended to encourage third countries to apply minimum standards of good governance in tax matters and on aggressive tax planning;

               (e)

               to discuss practical insights provided by tax authorities, as well as business, civil society and tax practitioners, and to elaborate on possible ways to address more efficiently the current double taxation problems affecting the smooth functioning of the internal market.

         Article 3
   Consultation
   The Commission may consult the Platform on any matter relating to good governance in tax matters, aggressive tax planning and double taxation.
   Article 4
   Membership — Appointment
   1.   The Platform shall be composed of a maximum of 45 members.
   2.   Members of the Platform shall be:

               (a)

               Member States' tax authorities;

               (b)

               up to 15 business, civil society and tax practitioner organisations.

         3.   The tax authorities of each Member State shall nominate one representative from among the officials dealing with cross-border taxation with a focus on fighting aggressive tax planning.
   4.   Following a call for applications, the Director-General for Taxation and Customs Union shall appoint organisations referred to in point (b) of paragraph 2 with competence in the areas referred to in Article 2 and which have responded to the call for applications.
   5.   When responding to the call for applications, organisations shall nominate one representative and one alternate to replace a representative who is absent or indisposed. The Director-General for Taxation and Customs Union may object the nomination of a representative or alternate by an organisation on the basis that he or she does not meet the profile required in the call for applications. In such cases, the organisation concerned shall be asked to nominate another representative or another alternate.
   6.   Alternates shall be nominated on the same conditions as members; alternates automatically replace any members who are absent or indisposed.
   7.   Organisations are appointed for three years, unless they are replaced or excluded pursuant to paragraph 9. Their term of office may be renewed after they have responded to a further call for applications.
   8.   Organisations deemed suitable for membership, but not appointed, may be placed on a reserve list to be kept for three years, which the Commission shall use to appoint replacements.
   9.   Organisations referred to in point (b) of paragraph 2 or their representatives may be replaced or excluded for the remainder of their term of office in any of the following cases:

               (a)

               where the organisation or its representative is no longer capable of contributing effectively to the Platform's deliberations;

               (b)

               where the organisation or its representative does not comply with the condition set out in Article 339 of the Treaty on the Functioning of the European Union;

               (c)

               where the organisation or its representative resigns;

               (d)

               where it is desirable in order to maintain a balanced representation of relevant areas of expertise and areas of interest.

         With a view to address the situations referred to in the first subparagraph, the Director-General for Taxation and Customs Union may, as appropriate, appoint a replacement organisation from the reserve list referred to in paragraph 8 or ask an organisation to nominate another representative or another alternate.
   10.   The names of organisations and their representatives shall be published in the Register of Commission expert groups and other similar entities, hereinafter referred to as ‘Register’, as well as on a dedicated website.
   11.   Personal data shall be collected, processed and published in accordance with Regulation (EC) No 45/2001.
   Article 5
   Operation
   1.   The Platform shall be chaired by the Director-General for Taxation and Customs Union or his representative.
   2.   In agreement with the Chair, the Platform may set up sub-groups to examine specific questions on the basis of terms of reference defined by the Platform. Such subgroups shall be disbanded as soon as their mandate is fulfilled.
   3.   The Chairperson may, on an ad hoc basis, invite experts from outside the Platform with specific competence on a subject on the agenda to participate in the work of the Platform or subgroup. In addition, the Chairperson may invite as observers individuals or organisations, as defined in Rule 8(3) of the horizontal rules on expert group (7), and candidate countries. In particular, representatives of accession countries and from international organisations may be invited as observers.
   4.   Members and their representatives, as well as invited experts and observers, shall comply with the obligation of professional secrecy laid down by the Treaties and other relevant Union rules, as well as with the rules regarding the protection of EU classified information, laid down in the Annex to the Commission’s Rules of Procedure (8). Should they fail to respect these obligations, the Commission may take all appropriate measures.
   5.   The meetings of the Platform and its subgroups shall in principle be held on Commission premises. The Commission shall provide secretarial services. Other Commission services with an interest in the proceedings may be involved and may attend meetings of the Platform and its subgroups.
   6.   The Platform shall adopt its rules of procedure on the basis of the standard rules of procedure for expert groups.
   7.   The Commission publishes all relevant documents on the activities carried out by the Platform (such as agendas, minutes and participants’ submissions) either in the Register or via a link from the Register to a dedicated website. A document shall not be published where its disclosure would undermine the protection of a public or private interest as defined in Article 4 of Regulation (EC) No 1049/2001 (9).
   Article 6
   Meeting expenses
   1.   Participants in the activities of the Platform shall not be remunerated for the services they render.
   2.   Travel and, where appropriate, subsistence expenses incurred by participants in the activities of the Platform shall be reimbursed by the Commission in accordance with the provisions in force within the Commission.
   3.   Those expenses shall be reimbursed within the limits of the available appropriations allocated under the annual procedure for the allocation of resources.
   Article 7
   Applicability
   This Decision shall apply for three years.

      Done at Brussels, 23 April 2013.

            For the Commission

         Algirdas ŠEMETA

            Member of the Commission

      (1)  COM(2012) 722.

      (2)  C(2012) 8806 final.

      (3)  C(2012) 8805 final.

      (4)  P7_TA(2012)0030.

      (5)  COM(2011) 712 final.

      (6)  OJ L 8, 12.1.2001, p. 1.

      (7)  Communication from the President to the Commission — Framework for Commission expert groups: horizontal rules and public register, C(2010) 7649 final.

      (8)  OJ L 308, 8.12.2000, p. 26.

      (9)  OJ L 145, 31.5.2001, p. 43. These exceptions are intended to protect public security, military affairs, international relations, financial, monetary or economic policy, privacy and integrity of the individual, commercial interests, court proceedings and legal advice, inspections/investigations/audits and the institution's decision-making process.


title: 2014/10/EU: Council Decision of 13 January 2014 appointing a Swedish member of the European Economic and Social Committee

text:
               15.1.2014

               EN

               Official Journal of the European Union

               L 10/17

         COUNCIL DECISION
   of 13 January 2014
   appointing a Swedish member of the European Economic and Social Committee
   (2014/10/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,
   Having regard to the proposal of the Swedish Government,
   Having regard to the opinion of the European Commission,
   Whereas:

               (1)

               On 13 September 2010 the Council adopted Decision 2010/570/EU, Euratom appointing the members of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015 (1).

               (2)

               A member’s seat on the European Economic and Social Committee has become vacant following the end of the term of office of Ms Ellen NYGREN,

         HAS ADOPTED THIS DECISION:
   Article 1
   Ms Lise-Lotte LENBERG is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2015.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 13 January 2014.

            For the Council

            The President

         D. KOURKOULAS

      (1)  OJ L 251, 25.9.2010, p. 8.


title: Council Decision of 14 May 1973 adopting a research programme for the European Economic Community in the field of standards and reference substances (certified reference substances)

text:
9 . 6 . 73                          Official Journal of the European Communities                              No L 153 /9
                                                COUNCIL DECISION
                                                    of 14 May 1973
              adopting a research programme for the European Economic Community in the field of
                          standards and reference substances (certified reference substances)
                                                     (73 / 125/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                                Article 2
Having regard to the Treaty establishing the Euro               The upper limit for expenditure commitments and for
pean Economic Community, in particular Article 235               staff necessary for the implementation of this pro
thereof ;                                                        gramme shall be 5.40 million units of account, and
                                                                 62 staff, the unit of account being defined in the
Having regard to the proposal (from the Commission ;             Financial Regulation on the establishment and im
Having regard to the Opinion of the European Par                plementation of the budget of the European Com
liament ;                                                        munities and the responsibility of authorizing and
                                                                 accounting 'officers .
Having regard to the Council Resolution of 17
December 1970 on the procedure for adopting                                              Article 3
research and training programmes ;
Whereas, pursuant to Article 3 ( a) and (h) of the               The Commission shall ensure that this programme is
Treaty establishing the European Economic Com                   carried out and, to this end, shall request the as
munity, ( the activities of the Community shall include          sistance of the Joint Research Centre. It shall submit
the elimination, between the Member States, of                    an annual report to the Council on the subject.
quantitative restrictions on the import ' and export
 of goods and of all other measures having equivalant                                    Article 4
effect, together with the approximation of the (laws
of the Member States to the extent required for the
proper ' functioning of the common market ;                      The programme defined m the Annex shall be sub
                                                                 ject to review at the beginning of the second year, in
Whereas the research projects which are the subject              accordance with the appropriate procedures, and in
of this Decision therefore appear necessary in order             the light of the decisions of the Paris Summit Confer
 to achieve certain Community objectives in the                  ence .
 context of the functioning of the common market ;
Whereas the Treaty establishing the European                                             Article S
Economic Community made (no provision for the
powers required for these purposes ;                             The information resulting from the implementation
                                                                 of the parts of the programme defined in the Annex
                                                                 will be disseminated in accordance with the con
 HAS DECIDED AS FOLLOWS :
                                                                 ditions and within the limits which will be fixed at a
                                                                 later date .
                          Article 1
A research programme for the European Economic                   Done at Brussels , 14 May 1973 .
 Community in respect of standards and reference
 substances ( certified reference substances ) as set out                                            For the Council
 in the Annex to this Decision is hereby adopted for
                                                                                The President
 a period of four years beginning on 1 January 1973 .
 This Annex forms an integral part of this Decision .                                              R. VAN ELSLANDE
 ---pagebreak--- No L 153 / 10                         Official Journal of the European Communities                              9 . 6. 73
                                                             ANNEX
                                                        DIRECT ACTION
                                                 NON-NUCLEAR PROJECTS
                                              Standards and reference substances
                                                 (certified reference substances)
              Joint programme
              A maximum of 5.4 million units of account shall be allocated to this objective , the number of
              staff being fixed at 62 (including a programme staff of 34).
              The objective shall include :
              — technical assistance tasks for the secretariat of the project : inquiry on the needs of and the
                  situation in the Community in this field, dissemination of information and processing of
                  data ;
              — experimental work (chemical analysis, physical and technological properties of reference
                  substances) in laboratories participating in the project ;
              — technical assistance to the Commission (elimination of technical obstacles, Common Cus
                  toms Tariff, etc).
              The experimental work will be carried out, for the time being, by the Ispra establishment.