title: Decision of the Bureau of the European Parliament of 26 October 2015 amending the Implementing Measures for the Statute for Members of the European Parliament

text:
               28.11.2015

               EN

               Official Journal of the European Union

               C 397/2

         DECISION OF THE BUREAU OF THE EUROPEAN PARLIAMENT
   of 26 October 2015
   amending the Implementing Measures for the Statute for Members of the European Parliament
   (2015/C 397/03)
   THE BUREAU OF THE EUROPEAN PARLIAMENT,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 223(2) thereof,
   Having regard to the Statute for Members of the European Parliament (1) (‘the Statute’),
   Having regard to Rules 10 and 25 of the Rules of Procedure of the European Parliament,
   Whereas:

               (1)

               In the light of the experience gained in implementing the rules on accredited and local assistants during the seventh legislative term, a number of changes need to be made to the Implementing Measures for the Statute for Members of the European Parliament (2) (‘the Implementing Measures’). The main purpose of those changes is to clarify certain rules, remedy shortcomings that have become apparent during the application of the Implementing Measures and improve administration.

               (2)

               The defrayal of parliamentary assistance expenses should be restricted to expenses incurred over the 30-day period preceding the date of submission of the application for defrayal to the relevant Parliament department. This will allow applications to be rejected where they have been submitted too late for it to be possible to check that the services declared were actually provided and that national social security and labour law has been complied with.

               (3)

               The maximum amount defrayable in respect of parliamentary assistance has remained unchanged since 2011, despite the increases in Parliament's powers. That amount should therefore be increased by EUR 1 500 to EUR 22 879 per month. Provision for the appropriations required for this increase was made in Parliament's resolution of 29 April 2015 on Parliament's estimates of revenue and expenditure for the financial year 2016.

               (4)

               The principle of transparency is enshrined in Article 15 of the Treaty on the Functioning of the European Union, and its importance was highlighted inter alia by the European Ombudsman in a letter of 30 September 2002 to the President of the Commission. In the light of that principle, full details should be published, throughout the duration of their contracts, of the names of the trainees as well as the names and corporate names of service providers and paying agents in respect of which parliamentary assistance expenses are defrayed.

               (5)

               In its abovementioned resolution of 29 April 2015, Parliament called for a better balance to be struck between accredited parliamentary assistants and local assistants. To that end, 25 % of the parliamentary assistance allocation should be set aside for accredited parliamentary assistants' pay and expenditure on local assistants, service providers and paying agents should accordingly be capped at 75 % of the allocation.

               (6)

               The salaries and fees of local assistants should be made subject to ceilings in keeping with the principles contained in the recommendations made by the Temporary Evaluation Group on the Implementation of the Members' and Assistants' Statutes and experience of the application of those recommendations since 2012, with the aim of limiting the risk of pay diverging excessively from the average pay in the Member States, out of all proportion to the tasks performed. The pay ceilings should be set for each Member State with reference to the average gross annual pay recorded by Eurostat for the Member State concerned, multiplied by three. The ceilings thus calculated should however be no lower than the basic pay of an accredited parliamentary assistant in grade 6 and no higher than that of an accredited parliamentary assistant in grade 19. The Bureau should be able to adjust the reference ceilings, which should be published on Parliament's internet site.

               (7)

               The remuneration of paying agents should be regulated by setting it at a level no higher than 10 % of the sums the agent is responsible for paying, subject to an overall ceiling of 4 % of the allocation for parliamentary assistance expenses.

               (8)

               In the light of experience gained, the nature and content of the documents to be supplied when applying for the defrayal of the cost of local assistants' employment contracts need to be specified. In particular, the relevant Parliament department should be provided with a detailed job description, details of the place of performance of the contract, a certified true copy of an identity document, proof of place of residence, proof of qualifications and professional experience and a declaration that there is no conflict of interest.

               (9)

               At the time of each annual regularisation of accounts relating to expenditure on local assistants covered by an employment contract, paying agents should be required to supply documents such as evidence of membership of a social security scheme or of accident insurance cover. Indeed, Members are, in general, dependent on the national authorities for the issue of such documents, and those authorities are often unable to issue them within the currently applicable deadlines.

               (10)

               In the light of experience gained, certain requirements applicable to local assistants under an employment contract need to be clarified, in particular those relating to the distance between their place of residence and workplace, the performance of outside activities and standing for election.

               (11)

               A specific procedure based on the principles applicable to public contracts established in Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (3) should be laid down for the defrayal of the cost of services worth more than EUR 500. In such cases, applications for defrayal should be submitted together with an estimate and a draft contract clearly defining the nature of the services to be provided. Furthermore, in the case of services worth more than EUR 60 000, it should be demonstrated that the most economically advantageous of at least three tenders has been chosen.

               (12)

               The provisions on conflicts of interest should be amended in order to clarify the ban on financing political activities or personal expenditure.

               (13)

               Additionally, it is appropriate to introduce certain modifications to Article 46 of the Implementing Measures related to the expiry of the entitlement to the transitional allowance for Members assuming a mandate in another parliament or taking public office, considering the experience gained at the end of the seventh parliamentary term and the need to fully reflect in the Implementing Measures the objectives and context of the relevant provisions of the Statute, in particular Articles 9(2), 11 and 13, taking into account the principle of the prohibition of accumulation of payments from public funds; consequently, the amounts received by a Member for the exercise of a mandate in another parliament or a public office, excluding any reimbursement of expenses actually incurred, will be offset against the European Parliament transitional allowance as currently provided for in the case of parallel salaries by Article 11 of the Statute. That new regime should, in order to allow for a consistent implementation thereof, apply from the start of the current parliamentary term,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Implementing Measures are amended as follows:

               1.

               Article 33 is amended as follows:

                           (a)

                           paragraph 3 is replaced by the following:
                           ‘3.   Expenses shall be defrayable for the duration of a Member's term of office. Only expenses incurred at the most 30 days before the application for defrayal is submitted in accordance with this chapter can be defrayed.’;

                           (b)

                           paragraph 4 is replaced by the following:
                           ‘4.   The maximum monthly amount defrayable in respect of all the personal staff referred to in Article 34 shall be EUR 22 879 with effect from 1 January 2016.’.

               2.

               Article 34 is amended as follows:

                           (a)

                           paragraph 2 is replaced by the following:
                           ‘2.   Several Members may, by written agreement, form a grouping in order jointly to employ or to use the services of one or more assistants as referred to in paragraph 1. In this case, the Members concerned shall designate from amongst their number the Member(s) authorised to sign the contract, or to submit a request for recruitment, on behalf of the grouping.
                           Members shall submit a written declaration to the relevant department laying down the respective shares to be deducted from the amount provided for in Article 33(4).’;

                           (b)

                           paragraph 5 is replaced by the following:
                           ‘5.   Members may also make use of natural or legal persons providing services in order to obtain occasional and clearly identified services directly linked to the exercise of their parliamentary mandate, in accordance with the conditions laid down in this chapter.’;

                           (c)

                           paragraphs 7 and 8 are replaced by the following:
                           ‘7.   The Bureau shall adopt a list of expenses which may be defrayed for the purpose of parliamentary assistance.
                           8.   The names of assistants and trainees as well as the names or corporate names of service providers and of paying agents shall, for the duration of their contract, be published on the website of the European Parliament, together with the name of the Member or Members they assist.
                           Those assistants, trainees, service providers and paying agents may, on the duly justified ground of protection of their safety, request in writing that their name or corporate name not be published on the European Parliament's website. The Secretary-General shall decide whether to grant such a request.’;

                           (d)

                           the following paragraphs are added:
                           ‘9.   The number of contracts between a Member and accredited assistants in force at any given time may not exceed three, regardless of the duration of work provided for in those contracts. This limit may be increased to four if an exemption is expressly granted by the President of Parliament following verification by the relevant department that the Member concerned has sufficient office space to comply with the standards applicable to the use of Parliament's buildings, taking into account also the number of trainees that may be present.
                           10.   At least 25 % of the amount provided for in Article 33(4) shall be earmarked for meeting costs arising under Title VII of the Conditions of Employment of Other Servants of the European Union. Therefore, all costs in respect of parliamentary assistance expenses other than those arising under Title VII of the Conditions of Employment of Other Servants of the European Union may not together exceed 75 % of the amount provided for in Article 33(4).
                           Moreover, the expenses in relation to the provision of services referred to in Article 34 may not exceed 25 % of the amount provided for in Article 33(4).
                           These limits shall be calculated on the cumulative basis per financial year of the monthly entitlements provided for in Article 33(4), plus any unused balance carried over to the following financial year under Article 33(6), on a pro rata basis.
                           11.   Parliament shall defray expenses of local assistants for gross earnings or fees net of VAT up to monthly ceilings which shall be established by the Bureau in accordance with paragraph 12. The ceilings may be adapted by the Bureau annually. The applicable ceilings shall be published on Parliament's website.
                           12.   The ceilings shall correspond to three times the reference amount. The reference amount shall be one twelfth of the amount published by Eurostat as being the average gross annual pay of persons in full-time employment in the Member State of election of the Member concerned.
                           However, the ceilings calculated in this way cannot be less than the basic pay of a grade 6 accredited parliamentary assistant or more than that of a grade 19 accredited parliamentary assistant.
                           Any bonus shall be defrayed only up to the aforementioned ceilings calculated on an annual basis.
                           The ceilings shall be reduced pro rata where the local assistant works part-time or where the local assistant does not work a full month.’.

               3.

               In Article 35, paragraph 3 is replaced by the following:
               ‘3.   A Member shall conclude an individual contract with a paying agent of his or her choice who fulfils the requirement laid down in paragraph 2.
               Expenses incurred in using paying agent services in accordance with paragraph 1 shall be covered by the amount provided for in Article 33(4) and shall not be subject to the limit laid down in Article 34(10) in respect of services.
               Paying agents' fees, net of VAT, may not exceed 10 % of the salary costs, fees and allowances of local assistants, service providers and trainees, the payment of which is their responsibility, nor 4 % of the amount provided for in Article 33(4).
               Maximum limits on paying agents' fees shall be reviewed on a cumulative basis by calendar year in proportion to the duration of their contract.’.

               4.

               Article 38 is replaced by the following:
               ‘Article 38
               Documents to be submitted in connection with an employment contract
               Applications for defrayal of expenses for an employment contract shall contain:

                           (a)

                           the original employment contract which the Member has concluded with his or her local assistant;

                           (b)

                           a detailed job description and the precise address at which duties are to be performed;

                           (c)

                           a calculation sheet detailing the salaries, employers' and employees' social security contributions and other likely expenses to be paid or defrayed during the calendar year and on termination of the contract and which takes account of the provisions of national law, including those governing minimum wages, and contractual obligations, including any defrayal of mission expenses;

                           (d)

                           a certified true copy of a valid identity document of the local assistant;

                           (e)

                           proof of the place of usual residence of the local assistant;

                           (f)

                           proof of the qualifications and professional experience of the local assistant; and

                           (g)

                           a declaration, duly countersigned by the Member, that throughout the duration of the local assistant's contract, the latter will not engage, directly or indirectly, in any other activities — even those not entitling the assistant to any remuneration — for any organisation pursuing political objectives, such as a political party, foundation, movement or parliamentary political group, if such activities are such as to interfere with the performance by the assistant of his or her duties in that capacity or to give rise to a conflict of interests.’.

               5.

               Article 39 is replaced by the following:
               ‘Article 39
               Regularisation of accounts
               1.   For each of the local assistants employed, paying agents shall forward to the relevant department, at the latest by 31 March of the year following the Parliament's financial year in question, statements of the expenses incurred in respect of salaries, tax deductions and employers' and employees' social security contributions and any other defrayable expenses, in particular for the purpose of the regularisation of the advances paid. They shall, in addition, provide evidence that the local assistants in question belong to a social security scheme, indicating the Member as the employer, and a certificate of insurance against work-related accidents where the applicable national law requires such insurance. They shall also certify that all the obligations arising from applicable national law have been met.
               In the event of termination of the contract between the paying agent and the Member and at the end of the Member's mandate, these obligations shall be met within three months at the most.
               The statements referred to in the first subparagraph shall be drawn up in accordance with Parliament's specifications.
               2.   Following verification of the statements referred to in paragraph 1, notification shall be forwarded by the relevant department to the paying agents, with copies to the Member, stating whether or not the payments made are regular and, where appropriate, which documents are missing and must still be submitted.
               Should such notification establish that the payments are not regular, the documents required for their regularisation shall be submitted to the relevant department within one month following the date of notification. Failing that, Parliament shall apply Articles 67 and 68.’.

               6.

               The following Article is inserted:
               ‘Article 39a
               Obligations regarding employment contracts
               1.   Paying agents shall, for the period laid down by the applicable national law, and for at least one year from the end of the parliamentary term concerned, keep a pay statement record book itemising sums paid by way of remuneration and tax and employers' and employees' social security contributions. Should a contract with a paying agent be terminated prior to the end of the Member's term of office, a certified true copy of the pay statement record book shall be forwarded immediately to the new paying agent of the Member's choice, as referred to in Article 35(3).
               2.   Assistants shall abstain from any actions bringing them into conflict with the interests of the Members they assist and those of Parliament. They shall without delay inform the Member concerned of their intention to engage in any remunerated or unremunerated outside activity or to stand for election.
               They shall be required to reside at a distance from their workplace that is compatible with the proper performance of their duties.
               3.   The Member shall immediately inform the relevant department of any changes in the conditions of employment affecting parliamentary assistance expenses and of any plans by assistants to engage in outside activities or to stand for election. The Member must ensure that outside activities and standing for election do not interfere with the performance by assistants of their duties or run counter to the financial interests of the Union. The relevant department may require evidence of the arrangements made to that end with the assistants concerned.
               4.   Local assistants intending to stand for election shall comply with national laws regarding electoral campaigns. At least for the duration of the official campaign, assistants must be on annual leave or unpaid leave. If they are elected, the defrayal of the expenses in relation to them shall cease unless they can provide evidence that their mandate is consistent with the performance of their duties as parliamentary assistants.
               5.   Contracts concluded between Members and assistants must include the obligations imposed in paragraphs 2 and 4.’.

               7.

               Article 41 is replaced by the following:
               ‘Article 41
               Documents to be submitted in connection with a service contract
               1.   With the exception of occasional services the cost of which does not exceed EUR 500 including VAT, an application for defrayal of expenses must be submitted before the conclusion of a contract for the provision of services and must contain:

                           (a)

                           an estimate and a draft of the contract which the Member intends to conclude with a service provider and which clearly defines the nature of the services to be provided;

                           (b)

                           in the case of services costing more than EUR 60 000 including VAT, the justification for the selected tender, which must be the most economically advantageous of at least three tenders from completely independent providers, taking into account, apart from the price, the quality of the offer and social aspects; this threshold shall apply on a cumulative basis in the event of successive contracts for similar services from the same provider;

                           (c)

                           in the case of service providers that are legal persons, a copy of their entry in the commercial register or an equivalent document, together with the articles of incorporation, or in the case of service providers that are natural persons, the documents listed under points (d) to (f) of Article 38, and, save in the case of occasional contracts, under point (g) thereof;

                           (d)

                           in the case of service providers that are legal persons, a declaration of absence of conflicts of interest confirming that none of those involved in the provision of services is an assistant within the meaning of Article 34 or in any of the categories mentioned in point (d) of Article 43.

                     2.   The cost of services provided shall be defrayed on submission to the relevant department by the Member of an invoice or fee statement describing in detail the services actually provided and a copy of the contract concluded with the service provider. The invoice or fee statement shall be accompanied by confirmation by the Member that the service has actually been provided. Upon request by the relevant department, the Member shall also submit the main supporting documents.
               Where services are partially or totally exempt from VAT, the relevant department may require the paying agent to confirm the legal basis for that exemption.’.

               8.

               Article 43 is amended as follows:

                           (a)

                           point a is replaced by the following:

                                       ‘(a)

                                       to finance contracts concluded with an organisation pursuing political objectives, such as a political party, foundation, movement or parliamentary political group;’;

                           (b)

                           point d is replaced by the following:

                                       ‘(d)

                                       to fund contracts providing for the employment or the use of the services of Members' spouses or stable partners or their parents, children, brothers or sisters or, in general, giving rise to any possibility of a conflict of interest as defined in Article 62(1a).’.

               9.

               Article 46 is amended as follows:

                           (a)

                           paragraphs 1, 2 and 3 are replaced by the following:
                           ‘1.   Former Members shall be entitled to the transitional allowance. Where they hold a mandate in another parliament or a public office, the salary to which they are entitled shall be offset against the transitional allowance.
                           2.   Article 2(3) shall apply mutatis mutandis to the transitional allowance.
                           3.   For the purposes of this Article, “another parliament” shall mean any parliament with legislative powers which is established in a Member State.’;

                           (b)

                           in paragraph 4, the introductory wording is replaced by the following:
                           ‘4.   For the purposes of this Article, “public office” shall mean any of the following:’;

                           (c)

                           in paragraph 4, point (c) is replaced by the following:

                                       ‘(c)

                                       a post as a senior official exercising public authority or a post as an official or Member of a Union institution.’.

               10.

               In Article 48, paragraph 1 shall be replaced by the following:
               ‘1.   In order to be able to receive the transitional allowance, the former Member shall apply to the Secretary-General for it not later than three months after the end of his or her mandate, attaching a written statement indicating whether he or she is performing any of the duties referred to in Article 46.’;

               11.

               In Article 61, paragraph 1 is replaced by the following:
               ‘1.   The implementation of these Implementing Measures and any application for payment submitted under these Implementing Measures shall be consistent with the provisions of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (4) and Commission Delegated Regulation (EU) No 1268/2012 (5).

                  (4)  Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1)."

                  (5)  Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (OJ L 362, 31.12.2012, p. 1.).’."

               12.

               In Article 62, the following paragraph is inserted:
               ‘1a.   Members involved in budget implementation shall not take any action which may bring their own interests into conflict with the financial interests of the Union.
               A conflict of interests exists where the actions of Members are unduly influenced for reasons involving family, emotional life, economic interest or any other shared interest with a recipient.’.

               13.

               Article 78 is replaced by the following:
               ‘Article 78
               Transitional arrangements applicable to the contracts of local assistants and paying agents
               1.   The provisions of Articles 34 and 35, as amended by the Bureau decision of 26 October 2015, concerning the number of assistants and the remuneration of assistants and paying agents shall not affect contracts that are still valid, provided that applications for defrayal of the expenses arising from them have been submitted to the relevant department before 27 October 2015.
               2.   Contracts of the kind referred to in paragraph 1 may only be renewed or modified in accordance with the provisions of Title I, Chapter 5.’.

         Article 2
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
   This Decision shall apply from 1 January 2016, with the exception of Article 1(9) and (10), which shall apply from 1 July 2014.

      (1)  Decision 2005/684/EC, Euratom of the European Parliament of 28 September 2005 adopting the Statute for Members of the European Parliament (OJ L 262, 7.10.2005, p. 1).

      (2)  Decision of the Bureau of the European Parliament of 19 May and 9 July 2008 concerning implementing measures for the Statute for Members of the European Parliament (OJ C 159, 13.7.2009, p. 1).

      (3)  Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).


title: Decision of the Board of Governors of 20 January 2016 on the Amendments to the Rules of Procedure of the EIB to reflect the Strengthening of the EIB Governance [2016/772]

text:
               18.5.2016

               EN

               Official Journal of the European Union

               L 127/55

         DECISION OF THE BOARD OF GOVERNORS
   of 20 January 2016
   on the Amendments to the Rules of Procedure of the EIB to reflect the Strengthening of the EIB Governance [2016/772]
   THE BOARD OF GOVERNORS OF THE EUROPEAN INVESTMENT BANK,
   HAVING REGARD TO

               (1)

               Article 7(3)(h) of the Statute pursuant to which the Board of Governors approves the Rules of Procedure of the Bank;

               (2)

               Article 11(1) of the Statute pursuant to which, upon proposal of the Board of Directors, the Board of Governors appoints members of the Management Committee; and

               (3)

               Article 11(2) of the Statute pursuant to which, acting by qualified majority, the Board of Governors may decide to compulsorily retire a member of the Management Committee.

         WHEREAS the Bank wishes to reinforce the role of its Ethics and Compliance Committee and to strengthen its internal rules regarding the appointment and possible suspension of members of the Bank's Management Committee;
   WHEREAS the role of the Ethics and Compliance Committee should be strengthened by introducing the possibility for this Committee to provide opinions on any ethical matter concerning a member of the Management Committee or of the Board of Directors;
   WHEREAS the Board of Governors, which is the competent body under the Statute to decide on the compulsory retirement of members of the Bank's Management Committee, may also decide to temporarily suspend a member of the Management Committee;
   WHEREAS a delegation of this power to suspend members of the Management Committee in specific defined circumstances and for a limited duration is desirable to allow the Bank to swiftly respond to exceptional situations; the mechanism proposed foresees such a delegation to the President of the Bank with the agreement of the Chairman of the Board of Governors, or, in cases concerning the President of the Bank, to the Chairman of the Board of Governors;
   WHEREAS any such suspension decision will be preceded by a consultation of the Ethics and Compliance Committee;
   WHEREAS the applicable relevant procedures are set out in a new Article 23.b of the Rules of Procedure of the Bank;
   WHEREAS within the framework set by the above-mentioned rules, the adoption of additional implementing rules for both suspension and compulsory retirement procedures shall be delegated to the Board of Directors;
   WHEREAS the above-mentioned rules should be voted by qualified majority of the Board of Governors in light of Article 11(2) of the Statute;
   WHEREAS to support the Board of Governors of the Bank in their decision on appointments of members of the Management Committee, an ad hoc appointment advisory committee shall be created with the task of providing non-binding opinions;
   WHEREAS to facilitate the decision making on such appointments and to respond to recent developments in best banking practice, some criteria to be applied in the appointment decision should be introduced in the Rules of Procedure of the Bank;
   WHEREAS a number of technical changes in Article 11(3) of the Rules of Procedure aimed at ensuring a smooth functioning of the various Committees created within the Board of Directors such as the Risk Policy Committee are required,
   HAD HEREBY DECIDED AS FOLLOWS, acting by a qualified majority

               1.

               Article 11(3) and (4) of the Rules of Procedure of the Bank are hereby amended and two new Articles 23.a and 23.b are inserted in the Rules of Procedure of the Bank as indicated in Document 16/01;

               2.

               The amended Rules of Procedure shall enter into force on 120 days after the day on which this decision is adopted or 1 September 2016, whichever is the later.

               3.

               The amended Rules of Procedure shall be published in the Official Journal of the European Union.

            For the Board of Governors

            The Chairman

         H.-J. SCHELLING

            The Secretary

         K. TRÖMEL

      ANNEX
      Rules of Procedure of the European Investment Bank, as approved on 4 December 1958 and amended on 15 January 1973, 9 January 1981, 15 February 1986, 6 April 1995, 19 June 1995, 9 June 1997, 5 June 2000, 7 March 2002, 1 May 2004, 12 May 2010, 25 April 2012, 26 April 2013 and 20 January 2016 by the Board of Governors
      CHAPTER I

         FINANCIAL YEAR

      Article 1
      The Bank's financial year shall run from 1 January to 31 December each year.
      CHAPTER II

         BOARD OF GOVERNORS

      Article 2
      1.   The Board of Governors shall meet when convened by its Chairman on his own initiative or at the request of one of its members. The President of the Bank may, on his own initiative or at the request of the Board of Directors, request the Chairman of the Board of Governors to convene the Board.
      2.   The Board of Governors shall hold an Annual Meeting, for the purpose of examining the annual report and determining the general directives for the Bank.
      3.   The Board of Governors may decide to approve the annual report comprising the financial statements (balance sheet, the profit and loss account, the statement of Special Section, the notes to the annual accounts, including the consolidated version thereof, and any other statement which may be deemed necessary for the evaluation of the Bank's financial position or results) outside the Annual Meeting, including by written procedure.
      4.   The members of the Management Committee may be invited to attend the meetings of the Board of Governors. The members of the Board of Directors, Management Committee and Audit Committee shall attend the Annual Meeting of the Board of Governors.
      Article 3
      1.   Notice of meetings of the Board of Governors must be issued not less than 30 days before the date set for each meeting.
      2.   The members of the Board of Governors must be in possession of the agenda and related documents not less than 20 days before the meeting.
      3.   Each Governor may require the inclusion of items on the agenda for a meeting of the Board, provided that he conveys his requirement in writing to the Chairman of the Board of Governors not less than 15 days before the meeting.
      4.   The time limits laid down in the foregoing paragraphs may be waived, if all the members of the Board consent or, in the event of an emergency, by the Chairman of the Board of Governors at the request of the President of the Bank.
      Article 4
      Decisions of the Board of Governors shall be taken in accordance with Article 8 of the Statute of the European Investment Bank (hereinafter the ‘Statute’).
      Article 5
      1.   The Chairman of the Board of Governors and the Chairman of the Board of Directors may put decisions to the vote by written or electronic correspondence.
      2.   Decisions shall be deemed to have been adopted as soon as the secretariat of the Board of Governors has received a sufficient number of votes in favour.
      3.   Voting by written or electronic correspondence, where appropriate by tacit procedure, shall be the procedure normally used to appoint members of the Board of Directors, the Management Committee and the Audit Committee.
      4.   Except in areas where unanimity or a qualified majority is required, the Board of Governors may, on a proposal to that effect from the Board of Directors, adopt decisions by tacit procedure. A decision by tacit procedure shall be deemed to have been adopted within 6 weeks of notification thereof having been transmitted, unless half the members of the Board or a number of members representing more than half of the subscribed capital have indicated that they do not agree.
      Each Governor may require the tacit procedure to be interrupted.
      Article 6
      Each Governor may receive written authorisation from not more than one of his colleagues to act as his proxy at a meeting of the Board of Governors and to vote in his stead.
      Article 7
      1.   The office of Chairman shall be held by each member of the Board in rotation according to the order of protocol of the Member States established by the Council of the European Union.
      2.   A member of the Board's term of office as Chairman shall expire at the end of the day either of the Annual Meeting or of the approval of the financial statements for the previous financial year, whichever is the later. The term of office of the new Chairman shall commence the following day.
      Article 8
      Minutes shall be kept of the proceedings of the Board of Governors. They shall be signed by the Chairman and the Secretary.
      Article 9
      Each member of the Board of Governors shall be entitled to avail himself of one of the official languages of the Union. He may require that any document for consideration by the Board be drawn up in the language of his choice.
      Article 10
      Correspondence for the Board of Governors shall be addressed to the Secretariat of the Board of Governors at the seat of the Bank.
      CHAPTER III

         BOARD OF DIRECTORS

      Article 11
      1.   The Board of Directors shall meet not less than six times per year and shall decide, on each occasion, the date of its next meeting.
      2.   The Chairman shall convene the Board of Directors before the scheduled date, should one third of the voting members so require or the Chairman think necessary.
      3.   A Committee on Staff Remuneration and Budget shall be established within the Board of Directors, as part of its responsibilities and in accordance with Article 18 of these Rules, charged with matters identified in advance, in order to give non-binding opinions to the Board of Directors so as to facilitate the decision making procedure.
      As part of its responsibilities and in accordance with Article 18 of these Rules, the Board of Directors may decide to create a Risk Policy Committee and an Equity Participation Policy Committee, whose members shall be appointed and whose rules of procedure shall be adopted upon their constitution. These Committees may hold joint meetings when appropriate and invite the Audit Committee to a meeting. They shall issue recommendations and give non-binding opinions to the Board of Directors so as to facilitate the decision-making procedure.
      The Committees referred to in this paragraph shall be composed of some of the directors or their alternates.
      The President shall chair and be entitled to delegate the chairmanship of the above Committees to a member of the Board of Directors or to a Vice-President. The Secretary-General shall provide secretarial services for the above Committees.
      4.   An Ethics and Compliance Committee shall be established, composed of the four longest-serving directors who have volunteered to participate in it, plus the Chairman of the Audit Committee. The Committee shall be chaired by the longest-serving director and the term of office as Chairman of the Committee shall be 3 years and shall be renewable in accordance with the terms laid down in the operating rules of the Committee. The Ethics and Compliance Committee shall:

                  —

                  rule on any potential conflict of interest of a member or former member of the Board of Directors, the Management Committee or, on a voluntary basis, a member of the Audit Committee,

                  —

                  provide opinions on any ethical matter concerning a member of the Board of Directors or of the Management Committee,

                  —

                  exercise all other powers provided for in these Rules.

            It shall apply the legal provisions concerning incompatibility with duties adopted by the Board of Governors. The Committee shall inform the Board of Directors and the Board of Governors of the decisions adopted.
      The Chief Compliance Officer shall participate in the meetings of the Committee without the right to vote.
      The Inspector General shall participate in the meetings of the Committee when fraud related matters, such as matters related to the EIB anti-fraud policy as amended from time to time, are discussed without the right to vote.
      The Board of Governors shall adopt the operating rules of the Ethics and Compliance Committee.
      Article 12
      1.   Notice of meetings of the Board of Directors together with details of the agenda must, normally, be issued not less than 15 days before the date set for each meeting.
      2.   The members of the Board of Directors shall have access to the documents not less than 10 working days before the meeting. The Bank may employ electronic means.
      3.   Each member of the Board of Directors may require the inclusion of items on the agenda for a meeting of the Board, provided that he conveys his requirement in writing to the Chairman of the Board of Directors not less than 5 days before the meeting.
      4.   In cases of emergency, the Chairman may convene the Board immediately. Decisions may also be put to the vote by written or electronic correspondence. The Chairman may also use the tacit procedure on the terms laid down by the Board of Directors.
      Article 13
      Each member of the Board of Directors shall be entitled to avail himself of one of the official languages of the Union. He may require that any document for consideration by the Board be drawn up in the language of his choice.
      Article 14
      1.   Alternates may take part in the meetings of the Board of Directors. Alternates nominated by a State, or by common accord of several States, or by the Commission, may replace directors nominated by that State, by one of those States or by the Commission respectively. Alternates shall not be entitled to vote, except where they replace one or more directors or where they have been delegated to do so in accordance with the provisions of paragraph 5 of this article.
      2.   Where Article 9(2) of the Statute provides that a State shall nominate one director and two alternates, the director shall indicate which alternate, in order of priority, is to represent him when he is prevented from attending, failing which the rules laid down in the following paragraph shall apply.
      3.   Where Article 9(2) of the Statute provides that several Member States shall each nominate one director and jointly nominate several alternates, the alternate called upon to perform the duties of a director when he is prevented from attending shall be determined, in the absence of an express delegation, in accordance with the following order:

                  (a)

                  the alternate determined at the time of the nomination or appointment of the alternates;

                  (b)

                  the longest-serving alternate;

                  (c)

                  the alternate who is senior in terms of age.

            4.   If a director ceases to perform his duties or dies, he shall be replaced by the alternate determined in accordance with the rules provided for in points (a), (b) and (c) of the preceding paragraph until such time as a new director is appointed by the Board of Governors.
      5.   Where a director, prevented from attending, is unable to arrange for an alternate to represent him, he may delegate his vote in writing to another member of the Board of Directors.
      6.   No member of the Board of Directors may have more than two votes.
      Article 15
      1.   The quorum provided for in Article 10(2) of the Statute shall be eighteen voting members present.
      2.   Decisions of the Board of Directors shall be taken in accordance with Article 10(2) of the Statute.
      3.   The unanimity stipulated in Article 19(5) and (6) of the Statute means the total number of votes in favour cast by voting members present or represented.
      Article 16
      1.   In accordance with the fourth subparagraph of Article 9(2) of the Statute, the Board of Directors shall co-opt six non-voting experts: three as full members and three as alternates.
      2.   The President shall propose to the Board of Directors the full member candidates and the alternate candidates, for a period expiring at the end of the directors' term of office.
      3.   These candidates shall be chosen from among persons having a qualification and proven experience in a field relating to the Bank's activities.
      4.   The Board of Directors shall approve the President's proposal in accordance with the procedure provided for in the first sentence of Article 10(2) of the Statute.
      5.   The co-opted experts shall enjoy the rights of the non-voting members of the Board of Directors and shall be subject to the same obligations.
      Article 17
      Minutes shall be kept of the meetings of the Board of Directors. They shall be signed by the Chairman of the meeting and the Chairman presiding over the meeting during which they are approved as well as by the Secretary of the meeting.
      Article 18
      1.   In accordance with Article 9(1) of the Statute, the Board of Directors shall exercise the following powers:

                  —

                  it shall lay down, on a proposal from the Management Committee, the terms and conditions constituting the general framework for the Bank's financing, guarantee and borrowing operations, in particular by approving the criteria for the fixing of interest rates, commission and other charges,

                  —

                  it shall adopt, on a proposal from the Management Committee, the policy decisions concerning the management of the Bank,

                  —

                  it shall ensure the consistency of the EIB Group's policies and activities,

                  —

                  it shall approve the financing and guarantee operations proposed by the Management Committee,

                  —

                  it shall authorise the Management Committee to carry out borrowing operations and associated treasury and derivatives activities under global programmes which it shall establish,

                  —

                  it shall oversee the financial equilibrium of the Bank and risk control,

                  —

                  it shall decide on the key management documents of the Bank presented by the Management Committee — in particular the Corporate Operational Plan, the annual budget and the financial statements, including the consolidated version thereof — and, where appropriate, on their implementation,

                  —

                  it shall examine all Management Committee proposals to be submitted to the Board of Governors,

                  —

                  it shall adopt the special provisions of the Bank concerning access to documents,

                  —

                  it shall determine the provisions applicable to co-opted experts,

                  —

                  it shall adopt, after having consulted the Audit Committee, the accounting principles applied to the Bank's financial statements.

            2.   In general, it shall ensure that the Bank is properly run in accordance with the Treaty, the Statute, the directives laid down by the Board of Governors and the other texts governing the Bank's activity in the performance of its task under the Treaty. In the exercise of its powers, the Board of Directors may request the Management Committee to take the initiative and to submit proposals.
      3.   It may, on the basis of a decision taken by qualified majority, delegate some of its functions to the Management Committee. It shall determine the terms and conditions for such delegation and shall supervise its execution.
      4.   It shall exercise all other powers provided for in the Statute and shall confer upon the Management Committee, in the rules and decisions that it adopts, the corresponding implementing powers, it being understood that the Management Committee shall, in accordance with Article 11(3) of the Statute, be responsible for the current business of the Bank, under the authority of the President and the supervision of the Board of Directors.
      Article 19
      1.   Members of the Board of Directors shall be entitled to reimbursement of their travel and subsistence expenses when taking part in the meetings of the Board of Directors.
      2.   The Board of Governors shall determine the amount of the attendance allowance for directors and alternates.
      CHAPTER IV

         MANAGEMENT COMMITTEE

      Article 20
      1.   The Management Committee shall be the permanent representative and decision-making body of the Bank, without prejudice to the provisions of the Statute.
      2.   It shall meet as and when required by the business of the Bank.
      Article 21
      1.   At least five members of the Management Committee must be present for decisions taken and opinions delivered by it to be valid.
      2.   The President shall chair meetings of the Board of Directors, the committees set up in accordance with Article 11(3) of these Rules and the Management Committee. If the President is prevented from attending, is ill or has a conflict of interest, the longest-serving Vice-President shall replace him. Where two or more Vice-Presidents have the same length of service, the Vice-President who is senior in terms of age shall replace the President.
      3.   Decisions shall be taken by simple majority of the votes cast by members present. Each member of the Management Committee shall have one vote. In the event of a tie in the voting by members of the Management Committee, the President shall have the casting vote.
      4.   The Management Committee may delegate the adoption of management or administrative measures to the President or one or more Vice-Presidents, subject to the restrictions and conditions laid down in the decision to delegate. Any decision so adopted shall be notified to the Committee forthwith.
      The Management Committee may delegate the adoption of other measures jointly to the President and one or more Vice-Presidents, subject to the restrictions and conditions laid down in the decision to delegate, if it is not possible, given the circumstances, to take a decision in the meeting. Any decision so adopted shall be notified to the Committee forthwith.
      5.   The Management Committee may vote on and adopt decisions via written or electronic correspondence. The Management Committee may also use the tacit procedure and, in exceptional circumstances, have recourse to teleconferencing on terms that it shall lay down.
      Article 22
      The proceedings of the Management Committee shall be summarised by the Secretary in minutes approved by the Management Committee and signed by the President of the Bank and the Secretary-General.
      Article 23
      1.   In accordance with Article 11(3) and (7) of the Statute, the Management Committee shall be competent to adopt and implement the administrative rules relating to the organisation and operation of the Bank's departments, including as regards staff management, the Staff Rules and the corresponding rights and obligations, without prejudice to the Staff Regulations. It shall inform the Board of Directors thereof.
      2.   The Management Committee shall also be competent, under the same terms and conditions, to conclude all agreements with the Bank's staff.
      3.   In the framework of the foregoing, the President shall have the power to decide on all individual staff matters, effect compromises, reconcile differences, conclude agreements and, in general, do everything that is useful and necessary in the Bank's interest, in accordance with Article 11(7) of the Statute.
      Article 23.a
      1.   Members of the Management Committee shall be persons of independence, competence and have experience in financial, banking and/or European Union matters. They shall, at all times:

                  —

                  be of high integrity and enjoy high reputation,

                  —

                  possess sufficient knowledge, skills and expertise to perform their duties.

            The overall composition of the Management Committee shall aim to reflect an adequately broad range of expertise as well as gender diversity.
      2.   An Appointment Advisory Committee shall be set up in order to give a non-binding opinion on candidates' suitability to perform the duties of a member of the Management Committee in light of the criteria set out in the foregoing paragraph and specified further in the operating rules of this Committee before the Board of Governors makes the appointments referred to in Article 11.1 of the Statute.
      The Committee shall comprise five members external to the Bank, appointed by the Board of Governors upon proposal of the President, having independence, competence, high integrity and high reputation. Members of the Committee shall possess relevant professional experience, in particular banking expertise, including banking supervisory and/or financial expertise, in the private or public sector and/or thorough knowledge of European Union matters. The overall composition of the Committee shall aim to reflect an adequately broad range of expertise as well as gender diversity. Members of the Committee shall be appointed for a period of up to 6 years and may be reappointed once.
      The Bank shall organize secretarial services for the Committee. The Board of Governors shall adopt the operating rules of the Committee
      Article 23.b
      1.   In the event of serious or alleged serious misconduct of a member of the Management Committee, whether through a serious failure to honour his/her professional obligations, an infringement of the law or any other event that may seriously affect the reputation of the Bank and/or have the consequence that the member concerned is no longer in a position to exercise his/her duties properly, the President, with the agreement of the Chairman of the Board of Governors, may suspend the concerned member of the Management Committee in accordance with the provisions of this Article 23.b.
      In cases concerning the President, the Chairman of the Board of Governors may suspend the President.
      2.   Any suspension decision:

                  —

                  shall be adopted following consultation of the Ethics and Compliance Committee and following receipt of any related observations of the concerned Member of the Management Committee,

                  —

                  shall be communicated without delay to the Board of Directors and Board of Governors,

                  —

                  shall have a duration limited to a period of 3 months, during which a confirmation of this decision for an additional period of up to 9 months will be put to the vote of the Board of Governors, acting by qualified majority. To this end, the Board of Governors will be provided with the opinion of the Ethics and Compliance Committee and the related observations of the concerned Member of the Management Committee. The Board of Governors will be asked to vote before the end of the 3 months suspension period after which the vote will be closed.

            3.   Should the Board of Governors within 3 months decide to confirm the suspension for an additional period, the member of the Management Committee concerned will be suspended until the end of such additional suspension period unless:

                  —

                  a reinstatement decision is adopted by the Board of Governors, acting by qualified majority,

                  —

                  a compulsory retirement decision pursuant to Article 11.2 of the Statute is adopted by the Board of Governors, acting by qualified majority.

            4.   Should the Board of Governors within 3 months not decide to confirm the suspension for an additional period, the member of the Management Committee concerned will be automatically reinstated.
      5.   Upon expiration of the suspension period, the concerned member of the Management Committee shall be automatically reinstated unless s/he is subject to a compulsory retirement decision pursuant to Article 11.2 of the Statute.
      6.   In the event of a compulsory retirement procedure pursuant to Article 11.2 of the Statute, the Ethics and Compliance Committee shall be consulted. The ECC opinion will be transmitted to the Board of Directors together with the related observations of the concerned Member of the Management Committee.
      7.   The Board of Directors shall lay down the details of the suspension and of the compulsory retirement procedures.
      CHAPTER V

         AUDIT COMMITTEE

      Article 24
      1.   Pursuant to Article 12 of the Statute, an Audit Committee (hereinafter referred to as ‘the Committee’) shall annually verify that the operations of the Bank have been conducted and its books kept in a proper manner.
      2.   It shall be responsible for the auditing of the Bank's accounts.
      3.   It shall verify that the activities of the Bank conform to best banking practice applicable to it.
      Article 25
      1.   The Committee shall hold a meeting at least once a year with the Management Committee in order to discuss the results of its work during the preceding financial year as well as its work programme for the current financial year.
      2.   At the end of each financial year and not later than 2 weeks before the submission to the Board of Governors, the Committee must receive the draft annual report of the Board of Directors, containing the draft financial statements.
      3.   Within 3 weeks of receiving these documents, the Committee, having carried out the tasks deemed necessary, having received assurance from the Management Committee concerning the effectiveness of the internal control systems, risk management and internal administration, and after having examined the report of the external auditors, must forward to the President of the Bank a statement confirming that, to the best of its knowledge and judgement:

                  —

                  the activities of the Bank are conducted in a proper manner, in particular with regard to risk management and monitoring,

                  —

                  the Committee has verified that the operations of the Bank have been conducted and its books kept in a proper manner and that, to this end, it has verified that the Bank's operations have been carried out in compliance with the formalities and procedures laid down by the Statute and the Rules of Procedure,

                  —

                  the Committee confirms that the financial statements, as well as any other financial information contained in the annual accounts drawn up by the Board of Directors, give a true and fair view of the financial position of the Bank in respect of its assets and liabilities, and of the results of its operations and its cash flows for the financial year under review. It shall provide the same confirmation in respect of the consolidated version of the financial statements.

            4.   Should the Committee consider that it is unable to confirm the foregoing, it must deliver to the President of the Bank within the same time limit a statement containing a reasoned explanation.
      5.   The Committee's statement shall be communicated to the Board of Governors as an annex to the annual report of the Board of Directors.
      6.   The Committee shall address to the Board of Governors a detailed report on the results of its work during the preceding financial year, including verification that the activities of the Bank conform to best banking practice applicable to it, a copy of which shall be sent to the members of the Board of Directors and the Management Committee. The Committee's report shall be sent to the Board of Governors together with the annual report of the Board of Directors.
      Article 26
      1.   The Committee shall have access to all the Bank's books and vouchers and may request sight of any other document which it finds necessary to examine in the discharge of its duties. The departments of the Bank shall be at its disposal for any assistance.
      2.   The Committee shall also have recourse to external auditors which it shall designate after consultation with the Management Committee, and to whom it is empowered to delegate day-to-day work concerning the audit of the Bank's financial statements. To this end, it shall review each year the nature and the scope of the proposed external audit and the audit procedures to be utilised. It shall also review the results and conclusions of such audit, including any comments or recommendations. The external auditors' engagement letter shall be drawn up forthwith by the Bank in accordance with the terms and conditions established by the Committee.
      3.   The Committee shall also review each year the work programme, the scope and the results of the Bank's internal audit.
      4.   It shall ensure that there is adequate coordination between the internal and external auditors. If need be, the Committee may call on other experts.
      5.   The proceedings of the Committee shall be valid only if the majority of its members are present. Apart from the statement and the report referred to in Article 25 of these Rules of Procedure, which can only be adopted unanimously, all decisions of the Committee shall require the assent of the majority of its members. In the event of a tie in the voting by the members of the Committee, the Chairman shall have the casting vote.
      6.   The Chairman of the Committee may put decisions to the vote by written or electronic correspondence.
      7.   The Committee itself shall determine all other operating rules.
      8.   Members of the Committee shall not divulge any information or data coming to their knowledge during the performance of their duties to persons or bodies outside the Bank. This obligation shall also apply to the external auditors designated by the Committee in accordance with paragraph 2 of this Article.
      Article 27
      1.   The members of the Committee shall be appointed by the Board of Governors. Their appointment shall be for 6 consecutive financial years and shall not be renewable. One member of the Committee shall be replaced each year.
      2.   Members shall be chosen from persons having independence, competence and integrity. Members shall possess financial, audit or banking supervisory expertise in the private or public sector, and among themselves should cover the whole range of expertise.
      3.   The terms of office of the members of the Committee shall expire at the end of the day either of the Annual Meeting of the Board of Governors referred to in Article 2(2) of these Rules or of the approval of the financial statements, whichever is the later. The term of office of new members shall commence the following day.
      4.   The Board of Governors, acting by a qualified majority, may compulsorily retire a member of the Committee, if it considers that he is no longer able to discharge his duties.
      5.   The office of Chairman of the Committee shall be held for 1 year in rotation by the member whose appointment is to come to an end at the end of the day either of the Annual Meeting of the Board of Governors referred to in Article 2(2) or of the approval of the financial statements, whichever is the later.
      6.   The Board of Governors, on a joint proposal from the President of the Bank and the Chairman of the Audit Committee, may appoint a maximum of three observers for a non-renewable 6-year term. They shall be appointed on the basis of their particular qualifications, especially with regard to banking supervision. They shall assist the Committee in the execution of its tasks and responsibilities, by participating in its work. The full members of the Committee may entrust the observers with certain specific tasks, in particular studies in preparation for the meetings of the Committee.
      Article 28
      In the event of a vacancy arising as a result of death, voluntary resignation, compulsory retirement or for any other reason, the Board of Governors shall, within 3 months, appoint a replacement for the unexpired remainder of the term of office.
      Article 29
      The Board of Governors shall determine the emoluments of the members of the Committee and similarly of the observers. Travel and subsistence expenses incurred by them in the performance of their duties shall be reimbursed under the conditions applicable to the members of the Board of Directors.
      CHAPTER VI

         SECRETARIAT

      Article 30
      The Secretary-General of the Bank shall provide secretarial services for the Board of Governors, the Board of Directors, the Management Committee and the Audit Committee. He shall also provide secretarial services for committees set up within the Board of Directors and for entities created in the context of mandates of the European Union or of other bodies, where provision is made for the Bank to provide such services.
      CHAPTER VII

         STAFF OF THE BANK

      Article 31
      The Board of Directors shall prescribe the regulations concerning the staff of the Bank. The Management Committee shall adopt the procedures for implementing these regulations in accordance with Article 23 of these Rules.
      Article 32
      1.   The Board of Governors shall ensure that the rights of the Bank's members of staff are safeguarded in the event of liquidation of the Bank.
      2.   In the event of an emergency the Management Committee shall immediately take the measures it deems necessary, subject to immediate reporting thereon to the Board of Directors.
      CHAPTER VIII

         FINAL PROVISION

      Article 33
      1.   These Rules of Procedure, and amendments thereto, shall enter into force on the day of their approval.
      2.   The provisions of these Rules of Procedure shall in no respect derogate from the provisions of the Treaty on the Functioning of the European Union or of the Statute.


title: Council Decision (CFSP) 2015/2430 of 21 December 2015 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision (CFSP) 2015/1334

text:
               22.12.2015

               EN

               Official Journal of the European Union

               L 334/18

         COUNCIL DECISION (CFSP) 2015/2430
   of 21 December 2015
   updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision (CFSP) 2015/1334
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 27 December 2001, the Council adopted Common Position 2001/931/CFSP (1).

               (2)

               On 31 July 2015, the Council adopted Decision (CFSP) 2015/1334 (2) updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP (‘the list’).

               (3)

               In accordance with Article 1(6) of Common Position 2001/931/CFSP, it is necessary to review at regular intervals the names of persons, groups and entities on the list to ensure that there are grounds for keeping them thereon.

               (4)

               This Decision sets out the result of the review that the Council has carried out in respect of persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply.

               (5)

               The Council has verified that competent authorities as referred to in Article 1(4) of Common Position 2001/931/CFSP have taken decisions with regard to all persons, groups and entities on the list to the effect that they have been involved in terrorist acts within the meaning of Article 1(2) and (3) of Common Position 2001/931/CFSP. The Council has also concluded that the persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply should continue to be subject to the specific restrictive measures provided for therein.

               (6)

               The list should be updated accordingly and Decision (CFSP) 2015/1334 should be repealed,

         HAS ADOPTED THIS DECISION:
   Article 1
   The list of persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply is set out in the Annex to this Decision.
   Article 2
   Decision (CFSP) 2015/1334 is hereby repealed.
   Article 3
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 21 December 2015.

            For the Council

            The President

         J. ASSELBORN

      (1)  Council Common Position 2001/931/CFSP of 27 December 2001 on the application of specific measures to combat terrorism (OJ L 344, 28.12.2001, p. 93).

      (2)  Council Decision (CFSP) 2015/1334 of 31 July 2015 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision (CFSP) 2015/521 (OJ L 206, 1.8.2015, p. 61).

      ANNEX

         LIST OF PERSONS, GROUPS AND ENTITIES REFERRED TO IN ARTICLE 1

      I.   PERSONS

                  1.

                  ABDOLLAHI Hamed (a.k.a Mustafa Abdullahi), born 11 August 1960 in Iran. Passport: D9004878.

                  2.

                  AL-NASSER, Abdelkarim Hussein Mohamed, born in Al Ihsa (Saudi Arabia), citizen of Saudi Arabia.

                  3.

                  AL YACOUB, Ibrahim Salih Mohammed, born 16 October 1966 in Tarut (Saudi Arabia), citizen of Saudi Arabia.

                  4.

                  ARBABSIAR Manssor (a.k.a. Mansour Arbabsiar), born 6 or 15 March 1955 in Iran. Iranian and US national. Passport: C2002515 (Iran); Passport: 477845448 (USA). National ID No: 07442833, expiry date 15 March 2016 (USA driving licence).

                  5.

                  BOUYERI, Mohammed (a.k.a. Abu ZUBAIR, a.k.a. SOBIAR, a.k.a. Abu ZOUBAIR), born 8 March 1978 in Amsterdam (The Netherlands) — member of the ‘Hofstadgroep’.

                  6.

                  IZZ-AL-DIN, Hasan (a.k.a GARBAYA, Ahmed, a.k.a. SA-ID, a.k.a. SALWWAN, Samir), Lebanon, born 1963 in Lebanon, citizen of Lebanon.

                  7.

                  MOHAMMED, Khalid Shaikh (a.k.a. ALI, Salem, a.k.a. BIN KHALID, Fahd Bin Adballah, a.k.a. HENIN, Ashraf Refaat Nabith, a.k.a. WADOOD, Khalid Adbul), born 14 April 1965 or 1 March 1964 in Pakistan, passport No 488555.

                  8.

                  SHAHLAI Abdul Reza (a.k.a Abdol Reza Shala'i, a.k.a. Abd-al Reza Shalai, a.k.a. Abdorreza Shahlai, a.k.a. Abdolreza Shahla'i, a.k.a. Abdul-Reza Shahlaee, a.k.a.Hajj Yusef, a.k.a. Haji Yusif, a.k.a.Hajji Yasir, a.k.a.Hajji Yusif, a.k.a.Yusuf Abu-al-Karkh), born circa 1957 in Iran. Addresses: (1) Kermanshah, Iran; (2) Mehran Military Base, Ilam Province, Iran.

                  9.

                  SHAKURI Ali Gholam, born circa 1965 in Tehran, Iran.

                  10.

                  SOLEIMANI Qasem (a.k.a Ghasem Soleymani, a.k.a Qasmi Sulayman, a.k.a Qasem Soleymani, a.k.a Qasem Solaimani, a.k.a Qasem Salimani, a.k.a Qasem Solemani, a.k.a Qasem Sulaimani, a.k.a Qasem Sulemani), born 11 March 1957 in Iran. Iranian national. Passport: 008827 (Iran Diplomatic), issued 1999. Title: Major General.

            II.   GROUPS AND ENTITIES

                  1.

                  ‘Abu Nidal Organisation’ — ‘ANO’ (a.k.a. ‘Fatah Revolutionary Council’, a.k.a. ‘Arab Revolutionary Brigades’, a.k.a. ‘Black September’, a.k.a. ‘Revolutionary Organisation of Socialist Muslims’.

                  2.

                  ‘Al-Aqsa Martyrs’ Brigade.

                  3.

                  Al-Aqsa e.V.

                  4.

                  ‘Babbar Khalsa’.

                  5.

                  ‘Communist Party of the Philippines’, including ‘New People's Army’ — ‘NPA’, Philippines.

                  6.

                  ‘Gama'a al-Islamiyya’ (a.k.a. ‘Al-Gama'a al-Islamiyya’) (‘Islamic Group’ — ‘IG’).

                  7.

                  ‘İslami Büyük Doğu Akıncılar Cephesi’ — ‘IBDA-C’ (‘Great Islamic Eastern Warriors Front’.

                  8.

                  ‘Hamas’, including ‘Hamas-Izz al-Din al-Qassem’.

                  9.

                  ‘Hizballah Military Wing’ (a.k.a. ‘Hezbollah Military Wing’, a.k.a. ‘Hizbullah Military Wing’, a.k.a. ‘Hizbollah Military Wing’, a.k.a. ‘Hezballah Military Wing’, a.k.a. ‘Hisbollah Military Wing’, a.k.a. ‘Hizbu'llah Military Wing’ a.k.a. ‘Hizb Allah Military Wing’, a.k.a. ‘Jihad Council’ (and all units reporting to it, including the External Security Organisation)).

                  10.

                  ‘Hizbul Mujahideen’ — ‘HM’.

                  11.

                  Hofstadgroep.

                  12.

                  ‘International Sikh Youth Federation’ — ‘ISYF’.

                  13.

                  ‘Khalistan Zindabad Force’ — ‘KZF’.

                  14.

                  ‘Kurdistan Workers' Party’ — ‘PKK’, (a.k.a. ‘KADEK’, a.k.a. ‘KONGRA-GEL’).

                  15.

                  ‘Liberation Tigers of Tamil Eelam’ — ‘LTTE’.

                  16.

                  ‘Ejército de Liberación Nacional’ (‘National Liberation Army’).

                  17.

                  ‘Palestinian Islamic Jihad’ — ‘PIJ’.

                  18.

                  ‘Popular Front for the Liberation of Palestine’ — ‘PFLP’.

                  19.

                  ‘Popular Front for the Liberation of Palestine — General Command’ (a.k.a. ‘PFLP — General Command’).

                  20.

                  ‘Fuerzas armadas revolucionarias de Colombia’ — ‘FARC’ (‘Revolutionary Armed Forces of Colombia’).

                  21.

                  ‘Devrimci Halk Kurtuluș Partisi-Cephesi’ — ‘DHKP/C’ (a.k.a. ‘Devrimci Sol’ (‘Revolutionary Left’), a.k.a. ‘Dev Sol’) (‘Revolutionary People's Liberation Army/Front/Party’).

                  22.

                  ‘Sendero Luminoso’ — ‘SL’ (‘Shining Path’).

                  23.

                  ‘Teyrbazen Azadiya Kurdistan’ — ‘TAK’ (a.k.a. ‘Kurdistan Freedom Falcons’, a.k.a. ‘Kurdistan Freedom Hawks’).


title: Decision (EU) 2015/1667 of the European Parliament of 29 April 2015 on discharge in respect of the implementation of the budget of the European Maritime Safety Agency for the financial year 2013

text:
               30.9.2015

               EN

               Official Journal of the European Union

               L 255/278

      DECISION (EU) 2015/1667 OF THE EUROPEAN PARLIAMENT
      of 29 April 2015
      on discharge in respect of the implementation of the budget of the European Maritime Safety Agency for the financial year 2013
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European Maritime Safety Agency for the financial year 2013,

                  —

                  having regard to the Court of Auditors' report on the annual accounts of the European Maritime Safety Agency for the financial year 2013, together with the Agency's replies (1),

                  —

                  having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2013, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to the Council's recommendation of 17 February 2015 on discharge to be given to the Agency in respect of the implementation of the budget for the financial year 2013 (05304/2015 — C8-0054/2015),

                  —

                  having regard to Article 319 of the Treaty on the Functioning of the European Union,

                  —

                  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 (3),

                  —

                  having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (4), and in particular Article 208 thereof,

                  —

                  having regard to Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (5), and in particular Article 19 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 (6),

                  —

                  having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (7), and in particular Article 108 thereof,

                  —

                  having regard to Rule 94 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 Transport and Tourism (A8-0088/2015),

         1.

            Grants the Executive Director of the European Maritime Safety Agency discharge in respect of the implementation of the Agency's budget for the financial year 2013;

         2.

            Sets out its observations in the resolution below;

         3.

            Instructs its President to forward this decision, and the resolution forming an integral part of it, to the Executive Director of the European Maritime Safety Agency, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

               The President

            Martin SCHULZ

               The Secretary-General

            Klaus WELLE

         (1)  OJ C 442, 10.12.2014, p. 210.

         (2)  See footnote 1.

         (3)  OJ L 248, 16.9.2002, p. 1.

         (4)  OJ L 298, 26.10.2012, p. 1.

         (5)  OJ L 208, 5.8.2002, p. 1.

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

         (7)  OJ L 328, 7.12.2013, p. 42.


title: Council Decision of 3 December 2012 appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training

text:
               11.12.2012

               EN

               Official Journal of the European Union

               C 380/5

         COUNCIL DECISION
   of 3 December 2012
   appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training
   2012/C 380/02
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof (1),
   Having regard to the nomination submitted to the Council by the Commission in the category of employers' representatives,
   Whereas:

               (1)

               By its Decision of 16 July 2012 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2012 to 17 September 2015.

               (2)

               A member's seat on the Governing Board of the Centre in the category of employers' representatives has become vacant as a result of the resignation of Ms Karin THAPPER,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The following person is hereby appointed as a member of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of the term of office, which runs until 17 September 2015:

      REPRESENTATIVES OF EMPLOYERS ORGANISATIONS:

               SWEDEN

               Mr Tobias ERIKSSON
               Association of Swedish Engineering Industries

      Done at Brussels, 3 December 2012.

            For the Council

            The President

         N. SYLIKIOTIS

      (1)  OJ L 39, 13.2.1975, p. 1.

      (2)  OJ C 228, 31.7.2012, p. 3.