title: 2006/198/EC: Commission Decision of  2 February 2006  approving on behalf of the European Community amendments to the annexes to the Agreement between the European Community and the United States of America on sanitary measures to protect public and animal health in trade in live animals and animal products  (notified under document member C(2006) 81)   (Text with EEA relevance)

text:
               10.3.2006

               EN

               Official Journal of the European Union

               L 71/11

         COMMISSION DECISION
   of 2 February 2006
   approving on behalf of the European Community amendments to the annexes to the Agreement between the European Community and the United States of America on sanitary measures to protect public and animal health in trade in live animals and animal products
   (notified under document member C(2006) 81)
   (Text with EEA relevance)
   (2006/198/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Decision 98/258/EC of 16 March 1998 on the conclusion of the Agreement between the European Community and the United States of America on sanitary measures to protect public and animal health in trade in live animals and animal products (1), and in particular Article 4, third paragraph thereof,
   Whereas:

               (1)

               The Joint Management Committee for the Agreement (the Committee), at its meeting on 27 October 2005 issued a recommendation concerning the determination of equivalence for fishery products. As a result of this recommendation it is appropriate to amend Annex V to the Agreement.

               (2)

               This amendment should be approved on behalf of the Community.

               (3)

               The measure provided for in this Decision is in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Pursuant to the recommendation made by the Joint Management Committee established under Article 14 of the Agreement between the European Community and the United States of America on sanitary measures to protect public and animal health in trade in live animals and animal products, the amendments to Annex V to the said Agreement are hereby approved on behalf of the European Community. The text of the Agreement in the form of an Exchange of Letters, including the amendments to Annex V to the Agreement, is attached to this Decision.
   Article 2
   The Director-General for Health and Consumer Protection is hereby empowered to sign the agreement in the form of an exchange of letters in order to bind the Community.
   Article 3
   This Decision shall apply from the first day of the month following the month in which the United States of America notifies the Commission in writing that its internal procedures for the approval of the amendments referred to in Article 1 have been completed.

      Done at Brussels, 2 February 2006.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 118, 21.4.1998, p. 1.
    ---documentbreak---

               10.3.2006

               EN

               Official Journal of the European Union

               L 71/12

         AGREEMENT
   in the Form of an Exchange of Letters concerning amendments to the annexes to the Agreement between the European Community and the United States of America on sanitary measures to protect public and animal health in trade in live animals and animal products
   Brussels, 30 January 2006
   Sir,
   With reference to the Agreement between the European Community and the United States of America on sanitary measures to protect public and animal health in trade in live animals and animal products, I have the honour to propose to you to amend the Annexes the Agreement as follows:
   Replace the text of Annex V, point 11 of the Agreement, as recommended by the Joint Management Committee established under Article 14(1) of the Agreement with the respective text of Appendix A as attached hereto.
   I would be obliged if you would confirm the Agreement of the United States of America to such amendment of Annex V to the Agreement.
   Please accept, Sir, the assurance of my highest consideration.

         For the European Community

      Jaana HUSU-KALLIO

   Brussels, 1 February 2006
   Sir,
   I have the honour to refer to your letter containing details of proposed amendments to Annex V, point 11 of the Agreement between the European Community and the United States of America on sanitary measures to protect public and animal health in trade in live animals and animal products.
   In this regard I have the honor to confirm the acceptability to the United States of America of the proposed amendments as recommended by the Joint Management Committee established under Article 14(1) of the Agreement, a copy of which is attached hereto. It is my understanding that these amendments shall take effect on the date on which the EC notifies the US that it has completed the necessary procedures for implementing these amendments.
   Please accept, Madam, the assurances of my high consideration.

         For the competent authority of the United States of America

      Norval E. FRANCIS

      Appendix A

            ‘ANNEX V

                                    —

                                    Commodity

                                    —

                                    Species

                                    —

                                    Animal/public health

                        European Community exports to the United States

                        United States exports to the European Community

                        Trade conditions

                        Equivalence (Category)

                        Special conditions

                        Actions

                        Trade conditions

                        Equivalence (Category)

                        Special conditions

                        Actions

                        EC standards

                        US standards

                        US standards

                        EC standards

                  11.   Fisheries products for human consumption

                                    —

                                    Fish/fisheries products

                        91/67

                        USDI & Title 50

                        NE

                        USDI & Title 50

                        91/67

                        NE

                        EC to evaluate new US standards if applicable.

                                    —

                                    Bivalve molluscs/crustaceans (excl. live)

                        91/67

                        USDI & Title 50

                        NE

                        USDI & Title 50

                        91/67

                        NE

                                    —

                                    Fish/fisheries products

                        91/493
                        96/22
                        96/23

                        21 CFR
                        123, 1240
                        FFDCA, FIFRA, PHSA, 21 CFR
                        70-82, 180, 110.3-110.93, 113, 114, 123, 172-193, 1240

                        Yes 3

                        Low-acid canned food requirement.

                        US to provide a detailed indication of how the EC request for equivalence for low-acid canned food can be considered.
                        EC to provide (1) appropriate information and documentation on procedures for audit and control of implementation by Member States, and (2)
                        information on application of HACCP systems in Member States.

                        21 CFR
                        123, 1240
                        FFDCA, FIFRA, PHSA, 21 CFR
                        70-82, 180, 110.3-110.93, 113, 114, 123, 172-193, 1240

                        91/493
                        96/22
                        96/23

                        Yes 2

                        [SANCO/10169/2005] Rev 3

                                    —

                                    Fish/fisheries products (cont’d)

                        US to conduct on-site verification of EC system (including visit to EC central offices and observation of Commission audits of a number of Member States).
                        US to indicate any outstanding problems following above actions.
                        The outcome of the on-site verification to be discussed with EC. If on-site verification satisfactory, the equivalence determination to be finalised, and any necessary procedures carried out.

                        NMFS Voluntary HACCP based programme 50 CFR 260

                        Yes 1

                                    —

                                    Bivalve molluscs/crustaceans (excl. live)

                        91/492

                        National shellfish sanitation programme

                        Yes 3

                        Existing trade conditions.

                        EC to supply the raw data used for the scientific assessment on flesh/water testing. US shall respond to results of scientific assessment within 90 days of receipts of raw data.
                        EC to provide (1) appropriate information and documentation on procedures for audit and control of implementation by Member States, and (2) information on application of HACCP systems in Member States.
                        US to conduct on-site verification of EC system (including visit to EC central offices and observation of Commission audits of a number of Member States).
                        US to indicate any outstanding problems following above actions.
                        The outcome of the on-site verification to be discussed with EC. If on-site verification satisfactory, the equivalence determination to be finalised, and any necessary procedures carried out.

                        National shellfish sanitation programme

                        91/492

                        Yes 3

                        Existing trade conditions.

                        Joint comparison of flesh/water testing for classification of production areas.
                        US to inform the EC when the US is ready to have the implementation of its seafood HACCP Regulation reviewed.
                        EC to carry out review, involving as necessary examination of information and documentation to be provided by US on procedures for audit and control of implementation. On-site verification of US system to be carried out within six months of US request.
                        EC to indicate any outstanding problems following above actions within 45 days of on-site verification.
                        The outcome of the on-site verification to be discussed with EC. If on-site verification satisfactory, the equivalence determination to be finalised, and any necessary procedures carried out.
                        “Establishments” do not include “brokers or traders”.

                                    —

                                    Aquaculture animals and products

                        91/493
                        96/22
                        96/23

                        National shellfish sanitation programme, FFDCA, FIFRA, PHSA, 21 CFR
                        110.3-110.93, 123, 1240, DVM

                        NE

                        National shellfish sanitation programme, FFDCA, FIFRA, PHSA, 21 CFR
                        110.3-110.93, 123, 1240, DVM

                        91/493
                        96/22
                        96/23

                        NE’


title: Council Decision (EU) 2017/938 of 23 September 2013 on the signing, on behalf of the European Union, of the Minamata Convention on Mercury

text:
               2.6.2017

               EN

               Official Journal of the European Union

               L 142/2

         COUNCIL DECISION (EU) 2017/938
   of 23 September 2013
   on the signing, on behalf of the European Union, of the Minamata Convention on Mercury
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Mercury and its compounds are highly toxic for human health and the health of animals and plants. Within the Union, mercury and its compounds are subject to regulation designed to protect human health and the environment.

               (2)

               In 2009, the Governing Council of the United Nations Environmental Programme (UNEP) requested the Executive Director of UNEP to convene an intergovernmental negotiating committee with the mandate to prepare a global legally binding instrument on mercury, with the goal of completing its work prior to the 27th regular session of the Governing Council in 2013.

               (3)

               In December 2010, the Council authorised the Commission to participate, on behalf of the Union, as regards matters falling within the Union's competence and in respect of which the Union has adopted rules, in the negotiations on a globally legally binding instrument on mercury, in accordance with the negotiating directives set out in the Addendum to that authorisation.

               (4)

               The negotiation process was successfully completed, at the fifth session of the intergovernmental negotiating committee that took place in Geneva from 13 to 18 January 2013.

               (5)

               The Union was a key player in the negotiations and took an active part in the outcome which is within the limits of the negotiating directives addressed to the Commission.

               (6)

               The Council, in its 3233rd session on 21 March 2013, welcomed the outcome of the negotiation process.

               (7)

               The global legally binding instrument on mercury will be opened for signature at a Diplomatic Conference taking place in Kumamoto (Japan) from 7 to 11 October 2013, as the Minamata Convention on Mercury.

               (8)

               Therefore, the Minamata Convention on Mercury should be signed,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing, on behalf of the Union of the Minamata Convention on Mercury is hereby authorised, subject to the conclusion of the said Convention (1).
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Convention on behalf of the Union.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 23 September 2013.

            For the Council

            The President

         V. JUKNA

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


title: Decision (EU, Euratom) 2016/485 of the representatives of the Governments of the Member States of 23 March 2016 appointing Judges to the General Court

text:
               2.4.2016

               EN

               Official Journal of the European Union

               L 87/33

         DECISION (EU, Euratom) 2016/485 OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
   of 23 March 2016
   appointing Judges to the General Court
   THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 19 thereof,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 254 and 255 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a(1) thereof,
   Whereas:

               (1)

               The terms of office of 14 Judges of the General Court are due to expire on 31 August 2016. Appointments should therefore be made for the period from 1 September 2016 to 31 August 2022.

               (2)

               It has been proposed that the terms of office of Mr Sten FRIMODT NIELSEN, Mr Dimitrios GRATSIAS, Mr Marc JAEGER, Mr Viktor KREUSCHITZ, Mr Savvas S. PAPASAVVAS and Mr Marc VAN DER WOUDE should be renewed.

               (3)

               Furthermore, Ms Krystyna KOWALIK-BAŃCZYK and Mr Paul NIHOUL have been nominated for the posts of Judges of the General Court.

               (4)

               The panel set up by Article 255 of the Treaty on the Functioning of the European Union has given an opinion on the suitability of Mr Sten FRIMODT NIELSEN, Mr Dimitrios GRATSIAS, Mr Marc JAEGER, Ms Krystyna KOWALIK-BAŃCZYK, Mr Viktor KREUSCHITZ, Mr Paul NIHOUL, Mr Savvas S. PAPASAVVAS and Mr Marc VAN DER WOUDE to perform the duties of Judges of the General Court,

         HAVE ADOPTED THIS DECISION:
   Article 1
   The following are hereby appointed Judges of the General Court for the period from 1 September 2016 to 31 August 2022:

               —

               Mr Sten FRIMODT NIELSEN,

               —

               Mr Dimitrios GRATSIAS,

               —

               Mr Marc JAEGER,

               —

               Ms Krystyna KOWALIK-BAŃCZYK,

               —

               Mr Viktor KREUSCHITZ,

               —

               Mr Paul NIHOUL,

               —

               Mr Savvas S. PAPASAVVAS,

               —

               Mr Marc VAN DER WOUDE.

         Article 2
   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, 23 March 2016.

            The President

         P. DE GOOIJER


Avis juridique important

|

31998D0347

98/347/EC: Council Decision of 19 May 1998 on measures of financial assistance for innovative and job-creating small and medium-sized enterprises (SMEs) - the growth and employment initiative

Official Journal L 155 , 29/05/1998 P. 0043 - 0052

COUNCIL DECISION of 19 May 1998 on measures of financial assistance for innovative and job-creating small and medium-sized enterprises (SMEs) - the growth and employment initiative (98/347/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 130(3) thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the European Parliament (2),Having regard to the opinion of the Economic and Social Committee (3),Having regard to the opinion of the Committee of the Regions (4),(1) Whereas the European Council, meeting in Amsterdam on 16 and 17 June 1997, in the context of measures for the alleviation of unemployment, invited the European Investment Bank (EIB) and the European Investment Fund (EIF), inter alia, to develop a facility to provide venture capital for high-technology projects of SMEs and by so doing, acknowledged, not only the link between SMEs, innovation and technology, and new jobs, but also the role of risk-capital in underpinning job-creation;(2) Whereas the European Special Council on Employment, meeting in Luxembourg on 20 and 21 November 1997, welcomed the European Parliament's Growth and Employment Initiative, providing for the strengthening of budgetary resources earmarked for employment; whereas in its decision on the 1998 budget, the European Parliament in agreement with the Council created a new heading B5-5 (Labour market and technological innovation) for the financing with ECU 450 million over three years (1998 to 2000) of SMEs and of innovative actions and projects in the labour market; whereas, within this, ECU 30 million has been allocated in 1998 for innovative actions and projects in the labour market; whereas the European Council invited the Commission to make proposals, as soon as possible, for new financial instruments to support innovative and job-creating SMEs, as part of this initiative, so that the Council can adopt them speedily; whereas these new instruments must reinforce the European Technology Facility, financed by the European Investment Bank and administered by the European Investment Fund, by opening a 'risk capital window`, supporting the creation of transnational joint ventures between SMEs within the European Union and establishing within the European Investment Fund a special guarantee fund to facilitate risk-taking by institutions providing finance for small and medium-sized enterprises;(3) Whereas the EIB and EIF have already responded by creating the European Technology Facility (ETF), which will provide venture-capital for technology oriented SMEs by using established venture-capital funds as intermediaries;(4) Whereas, on 9 December 1996, the Council adopted Decision 97/15/EC on a third multiannual programme for small and medium enterprises (SMEs) in the European Union (1997 to 2000) (5); whereas this programme includes the objectives of improving access to loan and risk capital financing, facilitating the development of specific financial instruments and stimulating the development of capital markets for fast-growing SMEs;(5) Whereas, on 5 November 1997, the Commission adopted Decision 97/761/EC approving a support mechanism for the creation of transnational joint ventures for SMEs in the Community (6), a financially limited initiative launched under the third multiannual programme for SMEs;(6) Whereas, on 15 December 1994, the Council adopted Decision 94/917/EC, adopting a specific programme for the dissemination and optimisation of the results of activities in the field of research and technological development, including demonstration (1994 to 1998) (7) which provides for activities to improve the European environment for financing the exploitation, adaptation and dissemination of technology by appropriate Community schemes; whereas the Commission on 25 November 1996 adopted a communication on the 'First action plan for innovation in Europe - innovation for growth and employment` providing for innovation financing to be facilitated in Europe, especially by encouraging investment in risk capital and equity, particularly in start-up investment and innovative, high-growth firms which are a major source of new jobs, and by reinforcing European Investment Fund action in favour of innovation; whereas this Decision should be implemented in appropriate coordination with the abovementioned activities;(7) Whereas in the implementation on the financial assistance programme for SMEs under this programme, particular attention should be given to small enterprises with up to 100 employees, within the objectives of the programme;(8) Whereas the lack of venture capital constitutes a particular difficulty for new firms and SMEs looking to expand, especially those exploiting new technology and innovative ideas; whereas this segment of the venture-capital market is underdeveloped in Europe and entails the highest risks which potentially translate to high losses; whereas a determined public sector involvement will assist private sector operators to make onward investments to early stage and emerging SMEs;(9) Whereas SMEs frequently encounter difficulties in obtaining bank financing for the development of transnational joint ventures because of the higher risk for financial institutions; whereas the development of joint ventures between Community SMEs makes it possible to make better use of the opportunities of the internal market, to increase investment and trade and to have a positive effect on employment and economic growth; whereas advances and subsidies constitute the most suitable measure to overcome the financial obstacles for SMEs to create transnational joint ventures;(10) Whereas bank loans constitute an important source of external funding for SMEs; whereas the raising of debt finance is difficult for SMEs as banks are often reluctant to lend to them; whereas loans are often only available to SMEs against tangible security; whereas loan guarantees constitute a cost-effective instrument to facilitate access to loans; whereas both tangible and intangible investments should be eligible under the scheme; and whereas a significant leverage effect can be achieved with a guarantee instrument;(11) Whereas this Decision constitutes the legal basis for specific measures which are complementary with other Community measures and which cannot be better carried out at Member State level and therefore respect the principle of subsidiarity; whereas the Decision is limited to the minimum necessary to achieve its objectives and does not exceed what is necessary to this end and therefore respects the principle of proportionality;(12) Whereas the Commission should adapt the allocation to the different schemes over the three-year period to take account of their absorption and efficiency in terms of the quality of the prospects submitted, their impact on the access to financing by SMEs and their immediate and long term impact on creating sustainable jobs;(13) Whereas the definition of SMEs as set out in Commission Recommendation 96/280/EC of 3 April 1996 concerning the definition of small and medium-sized enterprises (8) should be applied in the implementation of this Decision;(14) Whereas the EIF was set up in June 1994 to contribute to the pursuit of Community objectives by stimulating investment in trans-European networks and small and medium-sized enterprises; whereas the Community has become a member of the EIF by virtue of Council Decision 94/375/EC (9); whereas the Fund is empowered to issue loan guarantees and to make equity investments according to its Statute;(15) Whereas the cooperation agreements between the Commission and the EIF mentioned in Articles 3 and 5 should take account of the need to secure wide dissemination of information concerning the schemes;(16) Whereas the EIF has indicated its willingness to participate in the implementation of the ETF start-up and the SME guarantee facility schemes under this Decision; whereas the EIF in the implementation of the ETF start-up facility should endeavour to ensure the maximum appropriate private sector venture capital involvement;(17) Whereas the intermediary financial institutions should be selected in an open and transparent manner;(18) Whereas the Joint European Venture (JEV) scheme will be administered by the Commission in accordance with its Decision 97/761/EC;(19) Whereas the measures financed by the EIB and the EIF do not fall under the provisions of the Treaty on State aid; whereas those measures, if they have effected on beneficiary SMEs comparable to those arising from State aid, have to observe the limits and conditions laid down for the compatibility of comparable State aid,HAS DECIDED AS FOLLOWS:Article 1 Objective of the programme A programme of financial assistance for innovatory and job-creating small and medium-sized enterprises is hereby set up with the aim of stimulating job-creation by facilitating and strengthening the establishment and growth of innovative SMEs (hereinafter 'the programme`) as defined in Commission Recommendation 96/280/EC, by supporting their investment activity through increased availability of finance. The programme shall be targeted at SMEs with growth and therefore employment creation potential.Article 2 Description of the programme The programme shall consist of three complementary facilities which shall be: a risk-capital scheme (ETF Start-up) managed by the European Investment Fund (EIF), a scheme for financial contributions supporting the creation of transnational joint-ventures by SMEs within the Community (Joint European Venture) managed by the Commission and a guarantee scheme (SME Guarantee Facility) managed by the EIF.Article 3 The ETF start-up facility 1. The Community shall provide risk-capital participation in SMEs primarily at their establishment and early stages and/or innovative SMEs through investments in relevant specialised venture-capital funds, where appropriate in cooperation with other participatory mechanisms established in Member States, particularly in smaller or newly established funds, funds operating regionally or funds focused on specific industries or technologies, or venture-capital funds financing the exploitation of R& D results, e.g. funds linked to research centres and science parks, avoiding duplication of existing EIB and EIF interventions and reduction of the risk on these instruments.2. The EIF shall select, make and manage the investments into the venture-capital funds, where appropriate working with national schemes. The detailed terms and conditions for implementing the ETF start-up facility, including its monitoring and control, shall be laid down in a cooperation agreement between the Commission and the EIF.3. The cooperation agreement shall take account of the indicative outline set out in Annex I.Article 4 Joint European Venture (JEV) 1. The Community shall provide financial contributions to SMEs for the setting-up of new transnational joint ventures within the European Union. The Community contribution is intended to cover a part of the expenses incurred in the conception and setting-up of transnational joint ventures. The maximum contribution per project shall be ECU 100 000 covering:(a) up to 50 % of the eligible expenses, with a maximum of ECU 50 000;(b) up to 10 % of the total amount of investment made in fixed assets. Particular attention shall be given to small enterprises with up to 100 employees.2. Eligible expenses for the purposes of point (a) of paragraph 1 shall be those essential expenses related to the conception and setting-up of a transnational joint venture defined in point 6 of Annex II and created by European SMEs.3. Applications for contributions shall be channelled to the Commission through a network of finance intermediaries. In the implementation of the JEV, the indicative outline set out in Annex II shall be taken into account.Article 5 The SME guarantee facility 1. The Community shall provide budgetary allocations for the purpose of covering the cost of guarantees and counter-guarantees issued by the EIF in order to promote an increase of loans to SMEs, by increasing the capacity of guarantee schemes operating in the Member States in the public or private sector, including mutual guarantee schemes; the scheme may also support any risk-sharing SME instruments the EIB or any other appropriate financial institutions may make available. Appropriate cooperation with Member States will be ensured by contacts between the EIF and national authorities before implementing the facility.2. The budgetary allocation shall cover the full cost of the facility, including EIF's guarantee losses and any other eligible costs or expenses of the facility. The cost of the facility to the Community budget shall be capped so that it does not under any circumstances exceed the budgetary allocations made available to the EIF under this action; there shall be no contingent liability on the Community budget.3. Priority shall be given to small enterprises with up to 100 employees. The guarantees issued by the EIF shall be partial guarantees; there shall always be a risk-sharing arrangement between the EIF and the financial intermediary. Whenever possible, in the implementation of this instrument, the EIF will work guarantee schemes set up primarily to help finance loans that the banking system would not readily provide without guarantee cover and to ensure that part of the risk is borne by the lender.4. The detailed terms and conditions for implementing the SME guarantee facility, including its monitoring and control, shall be laid down in a cooperation agreement between the Commission and the EIF.5. The cooperation agreement shall take into account the indicative outline set out in Annex III.Article 6 Management fees The management fees paid to the EIF shall be determined in accordance with the accepted market practice and may be debited to the appropriations devoted to the initiative.Article 7 Reporting and evaluation 1. The Commission shall report annually to the European Parliament and the Council on the implementation of this Decision and the different schemes under it, notably on this Decision's impact on the access to financing by SMEs, its immediate effects on the creation of employment, the prospects for the creation of employment in the long term and coherence between the financial allocation to the different schemes and the objectives of the programme.2. The Commission shall within 48 months at most from the date of its adoption, provide an evaluation of the programme, notably as regards its overall utilisation, its immediate effects on the creation of employment and the prospects for the creation of employment in the long term.Article 8 Final provision Without prejudice to what is indicated in Annex I, point 5, Annex II, point 4 and Annex III, point 10, this programme shall come to an end on 31 December 2000.Article 9 This Decision shall be published in the Official Journal of the European Communities. It shall take effect on the day of its publication.Done at Brussels, 19 May 1998.For the CouncilThe PresidentG. BROWN(1) OJ C 108, 7. 4. 1998, p. 67.(2) OJ C 138, 4. 5. 1998.(3) Opinion delivered on 26 March 1998 (not yet published in the Official Journal).(4) Opinion delivered on 17 April 1998 (not yet published in the Official Journal).(5) OJ L 6, 10. 1. 1997, p. 25.(6) OJ L 310, 13. 11. 1997, p. 28.(7) OJ L 361, 31. 12. 1994, p. 101.(8) OJ L 107, 30. 4. 1996, p. 4.(9) OJ L 173, 7. 7. 1994, p. 12.ANNEX I INDICATIVE OUTLINE OF THE IMPLEMENTATION OF THE ETF START-UP SCHEME 1. Introduction The ETF start-up will be operated by the EIF on a trust basis. The EIF will invest the Community funds allocated for the scheme in relevant specialized venture-capital funds and/or where appropriate in cooperation with other participatory mechanisms established in Member States, particularly in smaller or newly established funds, funds operating regionally or funds focused on specific industries or technologies, or venture capital funds financing the exploitation of R& D results, e.g. funds linked to research centres and science parks which in turn provide risk capital for SMEs. The ETF start-up scheme will reinforce the European Technology Facility established by the EIB in cooperation with the EIF by adopting an investment policy involving a higher risk-profile, both as regards intermediary funds and their investment policies.2. Intermediaries The EIF will use its best efforts to target investments, throughout the Community, particularly in smaller or newly established funds, funds covering specific regions, whether assisted or not, or focusing on specific industries or technologies, or venture-capital funds linked to research centres and science parks. The intermediaries will be selected in conformity with best business and market practice in a fair and transparent manner in order to avoid any distortion of competition, having regard to the aim of working through a wide range of specialised funds.3. Maximum investment The maximum ETF start-up aggregate investment in an intermediary venture-capital fund will be 25 % of the total equity capital held by the relevant fund, or up to a maximum of 50 % in exceptional cases such as new funds which are likely to have a particularly strong catalytic role in the development of venture-capital markets for a specific technology or in a specific region. The Commission will explain in its annual report all individual cases where the EIF made any investment greater than 25 % of the total equity capital. No commitment in a single venture-capital fund will exceed ECU 10 million. The intermediary venture-capital funds will comply with established market practices with regard to portfolio diversification. The EIF will endeavour to ensure the maximum appropriate private sector venture capital involvement.4. Investment pari passu The investment made by the ETF start-up in the intermediary funds will rank pari passu with other equity investors.5. Life of the facility The ETF start-up scheme is established as a long-term facility that will usually take five to 12-year positions in venture-capital funds. The EIF will use its best efforts fully to commit the funds allocated to the facility not later than during the calendar year following the year in which the relevant budgetary payments are made. In any case, investments will not exceed 16 years from the time of signature of the cooperation agreement.6. Realisation of investments As most of the investments to be made under the ETF start-up scheme will be in unquoted, illiquid venture-capital funds, the realisation of those investments will be based on the distribution of the proceeds received by the intermediary funds from the sale of their investments in SMEs.7. Reinvestment of proceeds from realised investments Proceeds from realised investments may be reinvested during the first four years of operation of the scheme. The reinvestment period can be extended by up to three years, subject to a satisfactory evaluation of the facility 48 months after its adoption.8. Trust account A separate trust account will be set up within the EIF to hold budgetary funds underpinning the scheme. This account will be interest bearing; interest earned will be added to the resources of the facility. The investments made by the EIF under the ETF start-up scheme and EIF's management fees and other eligible expenses will be debited from, and the proceeds from realised investments will be credited to the trust account. After the fourth anniversary of the scheme or, where the reinvestment period of the scheme is extended, after the end of the extended reinvestment period, any balances on the trust account, other than funds committed and not yet drawn down/invested and funds reasonably required to cover eligible costs and expenses, such as EIF's management fee, will be returned to the Community budget.9. Court of Auditors Appropriate arrangements will be made to allow the Court of Auditors of the European Community to exercise its mission in order to verify the regularity of payments made.ANNEX II INDICATIVE OUTLINE OF THE IMPLEMENTATION OF THE JOINT EUROPEAN VENTURE SCHEME1. Introduction The Joint European Venture scheme will provide financial contributions to support the establishment of transnational joint ventures between SMEs within the European Union. It is based on the limited initiative launched under the third multiannual programme for SMEs, adopted by Commission Decision 97/761/EC of 5 November 1997 approving a support mechanism for the creation of transitional joint ventures for SMEs in the Community.2. Intermediaries The scheme will be accessible to SMEs through intermediaries, which may be banks or other appropriate financial institutions. The network of financial intermediaries will comprise financial intermediaries selected in conformity with the abovementioned initiative of 5 November 1997, following a new call for expression of interest published in the Official Journal of the European Communities. The Commission will check the eligibility of the applications in the light of the programme objectives.3. Application procedure Applications for financial contributions under this scheme will be submitted by SMEs to one of the intermediaries. The intermediary will be entrusted with the evaluation of the application, and, in the event of a favourable opinion, passing it on to the Commission. The Commission will check the eligibility of the applications in the light of the objectives of the scheme, in particular the effect on employment.4. Payment of financial contributions The contributions, the total of which will not exceed ECU 100 000 will be paid to the SME, through the financial intermediary which will pass on all payments without delay and deductions.Payments under the first tranche, up to ECU 50 000, to cover 50 % of eligible expenditure for the conception and preparation of the joint venture, will be made in two instalments. A reimbursable advance of 50 % (maximum ECU 25 000) will be paid as soon as the application has been accepted by the Commission. A second payment of 50 % (maximum ECU 25 000) will be made on presentation of supporting documents for all the expenditure incurred and on the basis of a detailed project evaluation report which permits an assessment of the feasibility of the joint venture as well as the investment envisaged. After acceptance of the documents by the Commission, the reimbursable advance will be converted into a grant.Payment under the second tranche, covering up to 10 % of the investment, will be made after receipt by the Commission of satisfactory evidence of completion of the investment and commencement of the new activity.Any SME benefiting from a payment under the second tranche (10 % of the investment) must undertake to submit to the Commission, for a period of five years, information on the activities of the joint venture set up and, in particular, on the number of jobs created.5. External management cost In the management of the programme, recourse will be made to external assistance specialized in monitoring projects. This assistance will be provided by external contractors selected following a call for expression of interest. A maximum of 5 % of the budgetary allocation will be reserved to cover the external management cost of the initiative.6. Definition of a joint venture The concept of a 'joint venture` will be interpreted broadly, that is including any form of consortium, partnership or joint venture in the strict sense, which should lead to a new legal entity, of an industrial, service, commercial or craft nature, subject to the following conditions being met:- the project will create new economic activities, involving investment and employment creation within the Community. Transfers of existing economic activities are not eligible. Similarly, purchases of existing enterprises are not eligible,- the partners will play an active part in the joint venture and assume an adequate measure of responsibility. Any joint venture in which one of the partners owns more than 75 % will be ineligible. Any change in the holdings in the joint venture within three years following the signing of the contract with the Commission must be submitted to the Commission for a review of its financial participation,- the joint venture must be newly created by at least two SMEs from two different Member States.7. Eligible expenses Eligible expenses are those relating to the conception and setting-up of a joint venture: expenses incurred as part of the preparatory action (market surveys, preparation of the legal framework, environmental impact assessment, technical standards, business plan, etc.); expenses for external experts (lawyers, advisers, accountants): fees based on actual costs, transport costs, accommodation and subsistence expenses (in accordance with the provisions laid down within the framework of the Commission's contracts for the provision of services); expenses for internal experts (relating to travel abroad): daily allowance, transport costs and accommodation and subsistence expenses (in accordance with the provisions laid down within the framework of the Commission's contracts for the provision of services).For the grant, covering up to 10 % of the investment made, an investment is considered to be any purchase or production of tangible or intangible assets which are accounted for as fixed assets in the balance sheet of the joint venture and valued in accordance with generally accepted accounting standards.Financing costs and expenses relating to partner search are excluded.Expenses under Article 4(1)(b) may only be granted if expenses under Article 4(1)(a) have been granted for substantive preparatory work towards a transnational joint venture, thereby ensuring that grants are awarded only to projects with a genuine business prospect. Approval of the investment subsidy will be conditional on satisfactory evidence of the completion of the investment and the commencement of the new activities.8. Obligations of the beneficiaries Appropriate arrangements will be made to allow the Court of Auditors of the European Community or the Commission to exercise their mission in order to verify the regularity of declarations made by beneficiaries in support of payment claims submitted by them as well as the corresponding payments made.ANNEX III INDICATIVE OUTLINE OF IMPLEMENTATION OF THE SME GUARANTEE FACILITY 1. Introduction The SME guarantee facility will be operated by the EIF on a trust basis. Whilst the EIF will provide counter-guarantees or, where appropriate, co-guarantees for guarantee schemes operating in Member States, and direct guarantees in the case of the EIB or any other appropriate financial intermediary, its losses from the relevant guarantees will be converted by Community funds. This will permit the targeting of the scheme to SMEs with growth potential experiencing particular difficulty in raising finance because of the perceived high risk inherent in lending to them, such as small or newly established companies.2. Intermediaries Guarantee schemes operating in the Member States within the public or private sector, including mutual guarantee schemes, the EIB or any other appropriate financial institution in connection with any risk-taking SME facilities they may make available. Intermediaries will be selected in conformity with best business and market practice in a fair and transparent manner, having regard to: (a) the effect on the volume of debt finance made available to SMEs, and/or (b) the effect on access to debt finance by SMEs, and/or (c) the effect on risk-taking in SME lending by the intermediary concerned.3. Eligible SME lending The financial criteria governing the eligibility of SME lending for guarantees under the SME guarantee facility will be determined individually for each intermediary in the framework of the guarantee schemes they are already operating, with the aim of reaching as many SMEs as possible. These rules will reflect market conditions and practices in the relevant territory. The guarantees and counter-guarantees will mainly be available to cover lending to SMEs with less than 100 employees. Particular attention will be given to lending to finance intangible assets.4. EIF-guarantees The guarantees given by the EIF will relate to individual loans in a specific loan portfolio, which may be an existing loan portfolio, where that leads to the expansion of lending to SMEs, or a loan portfolio to be created within a specific period of time. The guarantees issued by the EIF will cover a part of the credit risk inherent in the underlying loan portfolio with the risk shared with the relevant financial intermediary.5. EIF's capped maximum cumulative losses The EIF's obligation to pay its share of loan losses to the intermediary will continue until the cumulative amount of payments made to cover losses from a specific loan portfolio, reduced by the cumulative amount of corresponding loss recoveries, reaches a pre-agreed amount, after which EIF's guarantee is automatically cancelled.6. EIF pari passu with intermediary The guarantees given by the EIF will usually rank pari passu with the guarantees or, where appropriate, with the loans given by the intermediary.7. Trust account A trust account will be set up within the EIF to hold the budgetary funds underpinning the scheme. This account will be interest bearing; interest earned will be added to the resources of the facility.8. EIF's right to withdraw funds from the trust account The EIF will have the right to debit the trust account for payments to meet its obligations for the maximum cumulative losses under the guarantee facility, and, subject to agreement by the Commission, any other eligible costs, for example its management fees, eligible legal fees and promotional expenses of the scheme.9. Loss recoveries payable to the trust account Any moneys recovered from loan losses for which payment has been made under guarantees called will be credited to the trust account.10. Duration of the scheme It is envisaged that the individual SME guarantees will have a maturity of five to 10 years. Provided that adequate funds are held in the trust account, the EIF will enter into new guarantee commitments up to the fourth anniversary of the adoption of the facility. Any amount outstanding on the trust account at the time of expiry on the outstanding guarantees will be repaid to the Community budget.11. Court of Auditors Appropriate arrangements will be made to allow the Court of Auditors of the European Community to exercise its mission in order to verify the regularity of payments made.


title: Council Decision (EU) 2015/1030 of 7 May 2015 on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and the Democratic Republic of Timor-Leste on the short-stay visa waiver

text:
               3.7.2015

               EN

               Official Journal of the European Union

               L 173/1

         COUNCIL DECISION (EU) 2015/1030
   of 7 May 2015
   on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and the Democratic Republic of Timor-Leste on the short-stay visa waiver
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular point (a) of Article 77(2), in conjunction with Article 218(5), thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Regulation (EU) No 509/2014 of the European Parliament and of the Council (1) transferred the reference to the Democratic Republic of Timor-Leste from Annex I to Annex II to Council Regulation (EC) No 539/2001 (2).

               (2)

               That reference to the Democratic Republic of Timor-Leste is accompanied by a footnote indicating that the exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the European Union.

               (3)

               On 9 October 2014, the Council adopted a decision authorising the Commission to open negotiations with the Democratic Republic of Timor-Leste for the conclusion of an agreement between the European Union and the Democratic Republic of Timor-Leste on the short-stay visa waiver (the ‘Agreement’).

               (4)

               Negotiations on the Agreement were opened on 19 November 2014 and were successfully finalised by the initialling thereof, by Exchange of Letters, on 15 December 2014.

               (5)

               The Agreement should be signed, and the declarations attached to the Agreement should be approved, on behalf of the Union. The Agreement should be applied on a provisional basis as from the date of its signature, pending the completion of the procedures for its formal conclusion.

               (6)

               This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC (3); the United Kingdom is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

               (7)

               This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (4); Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing on behalf of the Union of the Agreement between the European Union and the Democratic Republic of Timor-Leste on the short-stay visa waiver (the ‘Agreement’) is hereby authorised, subject to the conclusion of the said Agreement.
   The text of the Agreement is attached to this Decision.
   Article 2
   The declarations attached to this Decision shall be approved on behalf of the Union.
   Article 3
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.
   Article 4
   The Agreement shall be applied on a provisional basis as from the date of signature thereof (5), pending the completion of the procedures for its conclusion.
   Article 5
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 7 May 2015.

            For the Council

            The President

         E. RINKĒVIČS

      (1)  Regulation (EU) No 509/2014 of the European Parliament and of the Council of 15 May 2014 amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 149, 20.5.2014, p. 67).

      (2)  Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1).

      (3)  Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (OJ L 131, 1.6.2000, p. 43).

      (4)  Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20).

      (5)  The date of signature of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.


title: Council Decision 2010/686/CFSP of 13 September 2010 concerning the signing and conclusion of the Agreement between the European Union and the Islamic Republic of Afghanistan on the Status of the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN)

text:
               12.11.2010

               EN

               Official Journal of the European Union

               L 294/1

         COUNCIL DECISION 2010/686/CFSP
   of 13 September 2010
   concerning the signing and conclusion of the Agreement between the European Union and the Islamic Republic of Afghanistan on the Status of the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, in particular Article 37 thereof, and the Treaty on the Functioning of the European Union, in particular Article 218(5) and the first subparagraph of Article 218(6) thereof,
   Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy (hereinafter the High Representative),
   Whereas:

               (1)

               Negotiations have been concluded under the authority of the High Representative for an Agreement between the European Union and the Islamic Republic of Afghanistan on the Status of the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN) (hereinafter the Agreement).

               (2)

               The Agreement should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement between the European Union and the Islamic Republic of Afghanistan on the Status of the European Union Police Mission in Afghanistan is hereby approved on behalf of the Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Union.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 13 September 2010.

            For the Council

            The President

         S. VANACKERE

    ---documentbreak---

               12.11.2010

               EN

               Official Journal of the European Union

               L 294/2

         AGREEMENT
   between the European Union and the Islamic Republic of Afghanistan on the Status of the European Union Police Mission in Afghanistan, EUPOL AFGHANISTAN
   THE EUROPEAN UNION, hereinafter referred to as ‘the EU’,
   of the one part, and
   THE ISLAMIC REPUBLIC OF AFGHANISTAN, hereinafter referred to as ‘the Host State’,
   of the other part of the agreement,
   Together hereinafter referred to as ‘the Parties’,
   TAKING INTO ACCOUNT:
   The letter from Minister of Foreign Affairs Rangin Dadfar Spanta of the Islamic Republic of Afghanistan (Afghanistan), dated 16 May 2007, inviting the EU to launch a Police Mission in Afghanistan,
   The adoption by the Council on 30 May 2007 of Joint Action 2007/369/CFSP on the establishment of a European Union Police Mission in Afghanistan, EUPOL AFGHANISTAN,
   Recital 9 of that Joint Action which indicates that EUPOL AFGHANISTAN is set in the wider context of the international community’s effort to support the Government of Afghanistan in taking responsibility for strengthening the rule of law, and in particular, in improving its civil police and law enforcement capacity,
   The adoption by the Council on 18 May 2010 of Decision 2010/279/CFSP on the extension of EUPOL AFGHANISTAN,
   Article 3(2) of that Decision which provides that EUPOL AFGHANISTAN is a non-executive mission, carrying out its tasks through, amongst other means, monitoring, mentoring, advising and training,
   Article 8(1) of that Decision which provides that the status of EUPOL AFGHANISTAN staff in Afghanistan, including, where appropriate the privileges, immunities and further guarantees necessary for the completion and smooth functioning of EUPOL AFGHANISTAN shall be laid down in an Agreement to be concluded in accordance with Article 37 of the Treaty on European Union,
   That this Agreement will not affect the Parties’ rights and obligations under international agreements and other instruments establishing international courts and tribunals, including the Statute of the International Criminal Court,
   HAVE AGREED AS FOLLOWS:
   Article 1
   Scope and definitions
   1.   This Agreement shall apply to the European Union Police Mission to the Islamic Republic of Afghanistan and its personnel.
   2.   This Agreement shall apply only within the territory of the Host State.
   3.   For the purposes of this Agreement:

               (a)

               ‘EUPOL AFGHANISTAN’ shall mean the EU Police Mission in Afghanistan, established by the Council of the European Union by Joint Action 2007/369/CFSP, dated 30 May 2007, including its components, forces, units, headquarters and personnel deployed in the territory of the Host State and assigned to EUPOL AFGHANISTAN;

               (b)

               ‘Head of Mission’ shall mean the Head of Mission of EUPOL AFGHANISTAN, appointed by the Council of the European Union;

               (c)

               ‘EUPOL AFGHANISTAN personnel’ shall mean the Head of Mission, personnel seconded by EU Member States and EU institutions and non-EU States invited by the EU to participate in EUPOL AFGHANISTAN, international staff recruited on a contractual basis by EUPOL AFGHANISTAN, and any other international staff temporarily attached to the EUPOL AFGHANISTAN as additional expertise, deployed for the preparation, support and implementation of the mission, and international personnel on mission for a Sending State or an EU institution within the framework of the mission. All EUPOL AFGHANISTAN personnel, even in the case they are issued Ordinary Passports by their country of citizenship will be granted all the privileges and immunities set forth in this Agreement. EUPOL AFGHANISTAN personnel shall not include commercial contractors or personnel employed locally;

               (d)

               ‘Headquarters’ shall mean the EUPOL AFGHANISTAN main headquarters in Afghanistan being in Kabul;

               (e)

               ‘Sending State’ shall mean any EU Member State or non-EU State that has seconded personnel to EUPOL AFGHANISTAN;

               (f)

               ‘Facilities’ shall mean all buildings, premises, installations and land required for the conduct of the activities of EUPOL AFGHANISTAN as well as for the accommodation of EUPOL AFGHANISTAN personnel in accordance with the laws and regulations of the Host State;

               (g)

               ‘Personnel employed locally’ shall mean personnel who are nationals of, or permanently resident in, the Host State;

               (h)

               ‘Official correspondence’ shall mean all correspondence relating to EUPOL AFGHANISTAN and its functions;

               (i)

               ‘Diplomatic principles’ shall mean the relevant principles contained in the Vienna Convention on Diplomatic Relations of 18 April 1961 to be reciprocally adhered to by both Parties in accordance with the provisions of this Agreement;

               (j)

               ‘Host State’ shall mean the Islamic Republic of Afghanistan.

         Article 2
   General provisions
   1.   EUPOL AFGHANISTAN and EUPOL AFGHANISTAN personnel shall respect and observe the laws and regulations of the Host State and shall refrain from any action or activity incompatible with the objectives of EUPOL AFGHANISTAN.
   2.   EUPOL AFGHANISTAN shall be autonomous with regard to the execution of its functions under this Agreement. The Host State shall respect the unitary and international nature of EUPOL AFGHANISTAN.
   3.   The Head of Mission shall regularly inform the Government of the Host State of the number of EUPOL AFGHANISTAN personnel permanently stationed within the Host State’s territory.
   Article 3
   Identification
   1.   EUPOL AFGHANISTAN personnel shall be provided with, and identified by, a EUPOL AFGHANISTAN identification card, which they shall be obliged to carry with them at all times. The relevant authorities dealing with security, taxation, immigration and customs issues in the Host State shall be provided with a specimen of a EUPOL AFGHANISTAN identification card.
   2.   EUPOL AFGHANISTAN shall have the right to display the flag of the EU at its Headquarters and elsewhere, alone or together with the flag of the Host State with the consent of the Host State depending on the security situation in the respective location, as decided by the Head of Mission. National flags or insignia of the constituent national contingents of EUPOL AFGHANISTAN may be displayed on EUPOL AFGHANISTAN facilities, vehicles and any other means of transport and uniforms, as decided by the Head of Mission.
   Article 4
   Border crossing and movement within the Host State’s territory
   1.   EUPOL AFGHANISTAN personnel, assets, vehicles and any other civilian means of transportation shall cross the border of the Host State at official border crossings, and via the international air corridors.
   2.   The Host State shall facilitate the entry into and the exit from the territory of the Host State for EUPOL AFGHANISTAN personnel and EUPOL AFGHANISTAN assets, vehicles and any other civilian means of transport. Except for passport control on entry into and departure from the territory of the Host State, EUPOL AFGHANISTAN personnel holding a EUPOL AFGHANISTAN identification card or a provisional proof of participation in the EUPOL AFGHANISTAN shall be exempt from passport regulations, regulations on customs controls and procedures, visa and immigration regulations, and any form of immigration inspection within the territory of the Host State.
   3.   EUPOL AFGHANISTAN personnel applying for a visa shall be exempt from the regulations of the Host State governing the registration and control of aliens, but shall not acquire any right to permanent residence or domicile within the Host State’s territory. For this purpose, the Ministry of Foreign Affairs of Afghanistan shall take actions in accordance with the law.
   4.   EUPOL AFGHANISTAN assets, vehicles and any other civilian means of transport entering, transiting or exiting the Host State’s territory in support of the EUPOL AFGHANISTAN shall be exempt from any inspection and any requirement to produce inventories or other customs documentation. EUPOL AFGHANISTAN shall provide the relevant Host State authorities with a list of such assets, vehicles and any other civilian means of transport.
   5.   Vehicles and any other civilian means of transport used in support of EUPOL AFGHANISTAN shall not be subject to local licensing or registration requirements. Relevant international standards and regulations shall continue to apply. Upon request of the Head of Mission, the Host State shall provide all EUPOL AFGHANISTAN vehicles with diplomatic plates free of charge. If required, supplementary arrangements as referred to in Article 19 shall be concluded.
   6.   EUPOL AFGHANISTAN personnel may drive vehicles, navigate vessels, ships and ferries and operate aircrafts and any other civilian means of transport within the territory of the Host State provided they have valid national or international driving licences, shipmaster’s certificates or pilot licences, as appropriate. The Host State shall accept as valid, without tax or fee, driving licences or permits carried by EUPOL AFGHANISTAN personnel.
   7.   EUPOL AFGHANISTAN personnel together with their vehicles and any other civilian means of transport, equipment and supplies shall enjoy free and unrestricted movement throughout the territory of the Host State, including its territorial airspace, taking into account the security situation jointly assessed by the Head of Mission and the respective Host State authorities. Any necessary supplementary arrangements may be concluded in accordance with Article 19 of this Agreement.
   8.   For the purpose of travel on official duties, EUPOL AFGHANISTAN personnel and personnel employed locally shall be entitled to use public roads, bridges, vessels, ships and ferries, and airports without the payment of duties, fees, tolls, taxes or other charges. For the purpose of external travel, international laws shall be observed. EUPOL AFGHANISTAN and its personnel shall not be exempt from reasonable charges for services requested and received under the conditions that apply to those provided to the Host State’s nationals.
   Article 5
   Privileges and immunities of EUPOL AFGHANISTAN granted by the Host State
   1.   EUPOL AFGHANISTAN’s facilities shall be inviolable. The Host State’s agents shall not enter them without the consent of the Head of Mission.
   2.   EUPOL AFGHANISTAN’s facilities, their furnishings and other assets therein as well as its authorised means of transport shall be immune from search, requisition, attachment or execution in accordance with diplomatic principles.
   3.   EUPOL AFGHANISTAN, its property and assets, wherever located and by whomsoever held, shall enjoy immunity from every form of legal process.
   4.   EUPOL AFGHANISTAN’s archives and documents, wherever they may be located, shall be inviolable at any time in accordance with diplomatic principles. EUPOL AFGHANISTAN shall officially inform the authorities of the Host State of the location of the said archives and documents.
   5.   EUPOL AFGHANISTAN’s official correspondence shall be inviolable.
   6.   EUPOL AFGHANISTAN, as well as its providers or contractors, shall be exempt from all national, regional and communal dues, taxes and charges of a similar nature in respect of purchased and imported goods, services provided and facilities used by EUPOL AFGHANISTAN for the purposes of EUPOL AFGHANISTAN. EUPOL AFGHANISTAN, in accordance with diplomatic principles, shall not be exempt from dues, taxes or charges that represent payment for services rendered.
   7.   In accordance with diplomatic principles, the Host State shall permit the entry of all legal items required for the purpose of EUPOL AFGHANISTAN and shall grant those items exemption from all customs duties, fees, tolls, taxes and similar charges other than charges for storage, transport and other services rendered.
   Article 6
   Privileges and immunities of EUPOL AFGHANISTAN personnel granted by the Host State
   1.   EUPOL AFGHANISTAN personnel shall not be subject to any form of arrest or detention in accordance with diplomatic principles.
   2.   Papers, correspondence and assets of EUPOL AFGHANISTAN personnel shall be inviolable, except in case of measures of execution which are permitted pursuant to paragraph 7 below.
   3.   The Host State shall provide, in accordance with its applicable laws and regulations, EUPOL AFGHANISTAN personnel with a diplomatic identity card free of charge.
   4.   EUPOL AFGHANISTAN personnel shall enjoy immunity from the criminal jurisdiction of the Host State under all circumstances. The immunity from criminal jurisdiction of EUPOL AFGHANISTAN personnel may be waived by the Sending State or EU institution concerned, as the case may be. Such waiver must always be an express waiver.
   5.   EUPOL AFGHANISTAN personnel shall enjoy immunity from the civil and administrative jurisdiction of the Host State in respect of words spoken or written and all acts performed by them in the exercise of their official functions. If any civil proceeding is instituted against EUPOL AFGHANISTAN personnel before any Host State court, the Head of Mission and the competent authority of the Sending State or EU institution shall be notified immediately. Prior to initiation of the proceeding before the court, the Head of Mission and the competent authority of the Sending State or EU institution shall certify to the court whether the act in question was performed by EUPOL AFGHANISTAN personnel in the exercise of their official functions. If the act was performed in the exercise of official functions, the proceeding shall not be initiated and the provisions of Article 16 shall apply. If the act was not performed in the exercise of official functions, the proceeding may continue. The certification by the Head of Mission and the competent authority of the Sending State or EU institution shall be binding upon the jurisdiction of the Host State which may not contest it. The initiation of proceedings by EUPOL AFGHANISTAN personnel shall preclude them from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim.
   6.   EUPOL AFGHANISTAN personnel shall not be obliged to give evidence as witnesses.
   7.   No measures of execution may be taken in respect of EUPOL AFGHANISTAN personnel, except in the case where a civil proceeding not related to their official functions is instituted against them. Property of EUPOL AFGHANISTAN personnel, certified by the Head of Mission to be necessary for the fulfilment of their official functions, shall be free from seizure for the satisfaction of a judgement, decision or order. In civil proceedings, EUPOL AFGHANISTAN personnel shall not be subject to any restrictions on their personal liberty or to any other measures of constraint.
   8.   The immunity of EUPOL AFGHANISTAN personnel from the jurisdiction of the Host State shall not exempt them from the jurisdictions of the respective Sending States.
   9.   EUPOL AFGHANISTAN personnel shall, in accordance with diplomatic principles, with respect to services rendered for EUPOL AFGHANISTAN, be exempt from social security provisions which may be in force in the Host State.
   10.   EUPOL AFGHANISTAN personnel shall be exempt from any form of taxation in the Host State on the salary and emoluments paid to them by EUPOL AFGHANISTAN or the Sending States, as well as on any income received from outside the Host State. Personnel employed locally shall not be exempt from existing laws.
   11.   The Host State shall, in accordance with such laws and regulations as it may adopt, permit the entry of articles for the personal use of EUPOL AFGHANISTAN personnel, and shall grant exemption from all customs duties, taxes, and related charges other than charges for storage, transport and similar services, in respect of such articles. The Host State shall also allow the export of such articles. The purchase of goods and services on the domestic market by EUPOL AFGHANISTAN personnel shall be exempt from VAT and taxes in accordance with the laws of the Host State.
   12.   The personal baggage of EUPOL AFGHANISTAN personnel shall be exempt from inspection, unless there are serious grounds for considering that it contains articles that are not for the personal use of EUPOL AFGHANISTAN personnel, or articles whose import or export is prohibited by the law or subject to quarantine regulations of the Host State. Inspection of such personal baggage shall be conducted only in the presence of representatives of the respective Host State organs and the EUPOL AFGHANISTAN international staff member concerned or, on the latter’s behalf, of an authorised representative of EUPOL AFGHANISTAN.
   Article 7
   Personnel employed locally
   Personnel employed locally shall enjoy privileges and immunities in accordance with international categories only to the extent allowed by the Host State. However, the Host State shall exercise its jurisdiction over such personnel in such a manner as not to interfere unduly with the performance of the functions of EUPOL AFGHANISTAN.
   Article 8
   Criminal jurisdiction
   The competent authorities of a Sending State shall have the right to exercise on the territory of the Host State all the criminal jurisdiction and disciplinary powers conferred on them by the law of the Sending State with regard to EUPOL AFGHANISTAN personnel.
   Article 9
   Security
   1.   The Host State, by its own means, and taking into account its capacity, shall assume full responsibility for the security of EUPOL AFGHANISTAN personnel.
   2.   For the purposes of paragraph 1 above the Host State shall take all necessary measures for the protection, safety and security of EUPOL AFGHANISTAN and EUPOL AFGHANISTAN personnel. Any specific provisions proposed by the Host State shall be agreed with the Head of Mission before their implementation. The Host State shall permit, and support free of any charge, activities relating to the medical evacuation of EUPOL AFGHANISTAN personnel.
   If required, supplementary arrangements as referred to in Article 19 shall be concluded.
   3.   EUPOL AFGHANISTAN personnel, subject to a decision by the Head of Mission, and in compliance with the respective laws of the Host State on explosive materials and small weapons, shall have the right to carry personal weapons and ammunition solely for self-defence. For this purpose, EUPOL AFGHANISTAN shall, on a regular basis, provide the respective Afghan authorities with a list of firearms carried by its personnel.
   Article 10
   Uniform
   1.   EUPOL AFGHANISTAN personnel shall wear national uniform or civilian dress with distinctive EUPOL AFGHANISTAN identification.
   2.   The wearing of uniform shall be subject to rules issued by the Head of Mission.
   Article 11
   Cooperation and access to information
   1.   The Host State shall provide full cooperation and support to EUPOL AFGHANISTAN and EUPOL AFGHANISTAN personnel.
   2.   If requested and necessary for the accomplishment of EUPOL AFGHANISTAN’s mandate the Host State shall provide EUPOL AFGHANISTAN personnel with effective access to:

               —

               facilities, locations and official vehicles within the control of the Host State, which are relevant for the fulfilment of EUPOL AFGHANISTAN’s mandate,

               —

               documents, materials and information with the consent of national security authorities within the control of the Host State, in so far as necessary for the fulfilment of EUPOL AFGHANISTAN’s mandate.

         If required for the purposes of the first indent above, supplementary arrangements as referred to in Article 19 shall be concluded.
   3.   The Head of Mission and the Host State shall consult regularly and take appropriate measures to ensure close and reciprocal liaison at every appropriate level. The Host State may appoint a liaison officer to EUPOL AFGHANISTAN.
   Article 12
   Host State support and contracting
   1.   The Host State shall assist, if requested, EUPOL AFGHANISTAN in finding suitable facilities.
   2.   The Host State shall provide EUPOL AFGHANISTAN free of charge, if required and available, with facilities that belong to the Government of the Host State in so far as such facilities are requested for the conduct of EUPOL AFGHANISTAN’s administrative and operational activities. Facilities owned by private entities can be used by EUPOL AFGHANISTAN only with the consent of the owner of the facilities and in full compliance with the respective lease or other contract.
   3.   Within its means and capabilities, the Host State shall assist in the preparation, establishment, execution of, and support for EUPOL AFGHANISTAN, including co-location facilities and equipment for EUPOL AFGHANISTAN experts.
   4.   The Host State’s assistance and support to EUPOL AFGHANISTAN shall be provided under at least the same conditions as the assistance and support that it gives to its own nationals.
   5.   EUPOL AFGHANISTAN shall have the necessary legal capacity under the laws and regulations of the Host State in order to fulfil its mission, and in particular for the purpose of opening bank accounts and to acquire or dispose of assets and to be party to legal proceedings.
   6.   The law applicable to contracts concluded by EUPOL AFGHANISTAN in the Host State shall be determined by the relevant provisions in those contracts.
   7.   The contracts concluded by EUPOL AFGHANISTAN may stipulate that the dispute settlement procedure referred to in Article 16(3) and (4) shall be applicable to disputes arising from the implementation of the contract.
   8.   The Host State shall facilitate the implementation of contracts concluded by EUPOL AFGHANISTAN with commercial entities for the purpose of the mission.
   Article 13
   Alteration of facilities
   1.   EUPOL AFGHANISTAN shall be authorised to construct, alter or otherwise modify those facilities in its possession or at its disposal that belong to the Government of the Host State as required for its operational requirements.
   2.   The Host State shall not claim any compensation from EUPOL AFGHANISTAN for any constructions, alterations or modifications of the aforementioned facilities belonging to the Government of the Host State.
   Article 14
   Deceased EUPOL AFGHANISTAN personnel
   1.   The Head of Mission shall have the right to take charge of and make suitable arrangements for the repatriation of any deceased EUPOL AFGHANISTAN personnel, as well as of their personal property.
   2.   No autopsy shall be performed on any deceased members of EUPOL AFGHANISTAN personnel without the agreement of the State concerned, and the presence of a representative of EUPOL AFGHANISTAN and/or a representative of the State concerned.
   3.   The Host State and EUPOL AFGHANISTAN shall cooperate to the fullest extent possible with a view to the early repatriation of deceased EUPOL AFGHANISTAN personnel.
   Article 15
   Communications
   1.   EUPOL AFGHANISTAN, in liaison with the Ministry of Telecommunication and Information Technology of the Host State, may install and operate radio sending and receiving stations, as well as satellite systems. It shall cooperate with the Host State’s competent authorities with a view to avoiding conflicts in the use of appropriate frequencies. The Host State shall grant access to the frequency spectrum free of charge.
   2.   EUPOL AFGHANISTAN shall enjoy the right to unrestricted communication by radio (including satellite, mobile and hand-held radio), telephone, telegraph, facsimile and other means, as well as the right to install the equipment necessary for the maintenance of such communications within and between EUPOL AFGHANISTAN facilities, including the laying of cables and landlines, for the purpose of EUPOL AFGHANISTAN.
   3.   Within its facilities EUPOL AFGHANISTAN may make the necessary arrangements for the conveyance of mail addressed to and from EUPOL AFGHANISTAN and/or EUPOL AFGHANISTAN personnel.
   Article 16
   Claims for death, injury, damage or loss
   1.   EUPOL AFGHANISTAN and EUPOL AFGHANISTAN personnel shall not be liable for any duty-related damage to, or loss of, civilian or governmental property which is related to its operational necessities or caused by activities in connection with civil disturbances or the protection of EUPOL AFGHANISTAN. In the case of an incident related to any such damage or loss, the parties will carry out a joint inquiry in order to settle the incident accordingly.
   2.   With a view to reaching an amicable settlement, claims for damage to, or loss of, civilian or government property not covered by paragraph 1, as well as claims for death of, or injury to, persons and claims for damage to, or loss of EUPOL AFGHANISTAN property, shall be forwarded to EUPOL AFGHANISTAN via the competent authorities of the Host State, with regard to claims brought by a legal or natural person from the Host State, and to the competent authorities of the Host State, with regard to claims brought by EUPOL AFGHANISTAN.
   3.   Where no amicable settlement can be found, the claim shall be submitted to a claims commission composed on an equal basis of representatives of EUPOL AFGHANISTAN and representatives of the Host State. Settlement of claims shall be reached by common agreement.
   4.   Where no settlement can be reached within the claims commission, the dispute shall be settled by diplomatic means between the Host State and EU representatives for claims up to and including EUR 40 000. For claims exceeding that amount, the dispute shall be submitted to an arbitration tribunal, whose decisions shall be binding.
   5.   The arbitration tribunal referred to in paragraph 4 shall be composed of three arbitrators, one being appointed by the Host State, one being appointed by EUPOL AFGHANISTAN and the third being appointed jointly by the Host State and EUPOL AFGHANISTAN. Where one of the parties does not appoint an arbitrator within two months or where no agreement can be found between the Host State and EUPOL AFGHANISTAN on the appointment of the third arbitrator, the arbitrator in question shall be appointed by the Head of the UN Mission in Afghanistan.
   6.   An administrative arrangement shall be concluded between EUPOL AFGHANISTAN and the administrative authorities of the Host State in order to determine the terms of reference of the claims commission and the arbitration tribunal, the procedure applicable within these bodies and the conditions under which claims are to be lodged.
   Article 17
   Liaison and disputes
   1.   All issues arising in connection with the application of this Agreement shall be examined jointly by representatives of EUPOL AFGHANISTAN and the Host State’s competent authorities.
   2.   Failing any prior settlement, disputes concerning the interpretation or application of this Agreement shall be settled exclusively by diplomatic means between the Host State and EU representatives.
   Article 18
   Other provisions
   1.   The Government of the Host State, in accordance with the relevant law, shall be responsible for the implementation and for the observance by the appropriate local authorities of the Host State of the privileges, immunities and rights of EUPOL AFGHANISTAN and of EUPOL AFGHANISTAN personnel as provided for in this Agreement.
   2.   Nothing in this Agreement is intended or may be construed so as to derogate from any rights that may attach to an EU Member State or to any other State contributing to EUPOL AFGHANISTAN under other agreements.
   Article 19
   Implementing arrangements
   For the purpose of the application of this Agreement, operational, administrative and technical matters may be the subject of separate arrangements to be concluded between the Head of Mission and the Host State’s administrative authorities.
   Article 20
   Entry into force and termination
   1.   This Agreement shall enter into force in accordance with the applicable laws and procedures of the Host State on the day on which it is signed. If not expired earlier due to the departure of the last EUPOL AFGHANISTAN personnel from the Host State as notified by EUPOL AFGHANISTAN, the Agreement shall remain effective for 3 (three) years from the date on which it is signed.
   2.   If not expired earlier due to the departure of the last EUPOL AFGHANISTAN personnel from the Host State as notified by EUPOL AFGHANISTAN, the Agreement, after 3 (three) years of the date on which it was originally signed, shall be automatically renewed for another term of 3 (three) years unless terminated by one of the Parties with advanced written notice of 6 (six) months.
   3.   Notwithstanding paragraph 1, the provisions contained in Article 4(8), Article 5(1) to (3), (6) and (7), Article 6(1), (3), (4), (6) and (8) to (10), and Articles 13 and 16 shall be deemed to have applied from the date on which the first EUPOL AFGHANISTAN personnel were deployed if that date was earlier than the date of entry into force of this Agreement.
   4.   This Agreement may be amended by written agreement between the Parties.
   5.   Termination of this Agreement shall not affect any rights or obligations arising out of the execution of this Agreement before such termination.

      Done at  on  in the English and Dari languages in two copies. In case of divergences of interpretation between the English and Dari language versions, the English language shall prevail.

            For the European Union

         Vygaudas UŠACKAS

            For the Islamic Republic of Afghanistan

         Eklil Ahmad HAKIMI


Avis juridique important

|

31983D0329

83/329/EEC: Council Decision of 14 June 1983 on the conclusion of the Cooperation Agreement between the European Economic Community and the Kingdom of Sweden on a European research and development programme in the field of wood as a renewable raw material

Official Journal L 185 , 08/07/1983 P. 0020

+++++( 1 ) OJ NO L 174 , 21 . 6 . 1982 , P . 23 .  COUNCIL DECISION OF 14 JUNE 1983 ON THE CONCLUSION OF THE COOPERATION AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE KINGDOM OF SWEDEN ON A EUROPEAN RESEARCH AND DEVELOPMENT PROGRAMME IN THE FIELD OF WOOD AS A RENEWABLE RAW MATERIAL ( 83/329/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,  HAVING REGARD TO COUNCIL DECISION 82/402/EEC OF 17 MAY 1982 ADOPTING A RESEARCH AND DEVELOPMENT PROGRAMME ( 1982 TO 1985 ) IN THE RAW MATERIALS SECTOR ( 1 ) INCLUDING A SUB-PROGRAMME ON WOOD AS A RENEWABLE RAW MATERIAL , AND IN PARTICULAR ARTICLE 7 ( 1 ) THEREOF ,  HAVING REGARD TO THE DRAFT DECISION SUBMITTED BY THE COMMISSION ,  WHEREAS , PURSUANT TO ARTICLE 7 ( 2 ) OF DECISION 82/402/EEC , THE COMMISSION HAS NEGOTIATED AN AGREEMENT WITH THE KINGDOM OF SWEDEN IN ORDER TO ASSOCIATE THAT COUNTRY WITH THE SUB-PROGRAMME ON WOOD AS A RENEWABLE RAW MATERIAL ;  WHEREAS THIS AGREEMENT SHOULD BE APPROVED ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  THE COOPERATION AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE KINGDOM OF SWEDEN ON A EUROPEAN RESEARCH AND DEVELOPMENT PROGRAMME IN THE FIELD OF WOOD AS A RENEWABLE RAW MATERIAL IS HEREBY APPROVED ON BEHALF OF THE COMMUNITY .  THE TEXT OF THE AGREEMENT IS ATTACHED TO THIS DECISION .  ARTICLE 2  THE PRESIDENT OF THE COUNCIL IS HEREBY AUTHORIZED TO DESIGNATE THE PERSONS EMPOWERED TO SIGN THE AGREEMENT IN ORDER TO BIND THE COMMUNITY .  DONE AT LUXEMBOURG , 14 JUNE 1983 .  FOR THE COUNCIL  THE PRESIDENT  I . KIECHLE


title: Decision (EU) 2017/1198 of the European Central Bank of 27 June 2017 on the reporting of funding plans of credit institutions by national competent authorities to the European Central Bank (ECB/2017/21)

text:
               5.7.2017

               EN

               Official Journal of the European Union

               L 172/32

         DECISION (EU) 2017/1198 OF THE EUROPEAN CENTRAL BANK
   of 27 June 2017
   on the reporting of funding plans of credit institutions by national competent authorities to the European Central Bank (ECB/2017/21)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (1), and in particular Article 6(2) thereof,
   Having regard to Regulation (EU) No 468/2014 of the European Central Bank of 16 April 2014 establishing the framework for cooperation within the Single Supervisory Mechanism between the European Central Bank and national competent authorities and with national designated authorities (SSM Framework Regulation) (ECB/2014/17) (2), and in particular Article 21 thereof,
   Having regard to the proposal of the Supervisory Board,
   Whereas:

               (1)

               On 19 June 2014 the European Banking Authority (EBA) adopted its Guidelines on harmonised definitions and templates for funding plans of credit institutions under Recommendation A4 of ESRB/2012/2 (3) (hereinafter the ‘EBA Guidelines’). The EBA Guidelines seek to establish consistent, efficient and effective supervisory practices by harmonising templates and definitions to facilitate the reporting of funding plans by credit institutions.

               (2)

               The EBA Guidelines are addressed to competent authorities, as defined in Article 4(2) of Regulation (EU) No 1093/2010 of the European Parliament and of the Council (4), and to institutions that report funding plans to their competent authorities in accordance with the national implementation framework of Recommendation ESRB/2012/2 of the European Systemic Risk Board (5).

               (3)

               For the exclusive purpose of carrying out the tasks conferred on it by Articles 4(1) and (2) and 5(2) of Regulation (EU) No 1024/2013, the European Central Bank (ECB) is considered, as appropriate, the competent authority or the designated authority in the participating Member States as established by Union law. Therefore, the ECB is the addressee of the EBA Guidelines regarding credit institutions that are classified as significant in accordance with Regulation (EU) No 1024/2013.

               (4)

               In order to comply with the EBA Guidelines, the ECB should ensure that significant credit institutions report their funding plans in accordance with the harmonised templates and definitions referred to in the funding plan template attached to the EBA Guidelines.

               (5)

               In accordance with Article 6(2) of Regulation (EU) No 1024/2013, and Article 21 of Regulation (EU) No 468/2014 (ECB/2014/17), without prejudice to the ECB's power to directly receive reported information from credit institutions, or to have direct access to that information on an ongoing basis, the national competent authorities will specifically provide the ECB with all information necessary for the purposes of carrying out the tasks conferred on the ECB by Regulation (EU) No 1024/2013.

               (6)

               Considering that the information on funding plans is necessary for micro and macroprudential purposes, the ECB has decided to require national competent authorities to provide it with the funding plans of credit institutions.

               (7)

               The manner in which national competent authorities provide the ECB with the funding plans needs to be specified. In particular, the format, frequency and timing of the submission of information, as well as details of the quality checks performed by national competent authorities before submitting information to the ECB should be specified,

         HAS ADOPTED THIS DECISION:
   Article 1
   Scope
   This Decision requires national competent authorities to provide the funding plans of certain significant and less significant credit institutions to the ECB, and lays down procedures concerning the submission to the ECB of such funding plans.
   Article 2
   Definitions
   For the purposes of this Decision, the definitions contained in Regulation (EU) No 468/2014 (ECB/2014/17) shall apply, together with the following definitions:

               (1)

               ‘significant credit institution’ means a credit institution which has the status of a significant supervised entity in accordance with Regulation (EU) No 468/2014 (ECB/2014/17); and

               (2)

               ‘less significant credit institution’ means a credit institution which does not have the status of a significant supervised entity in accordance with Regulation (EU) No 468/2014 (ECB/2014/17).

         Article 3
   Requirements for reporting funding plans
   1.   National competent authorities shall provide the ECB with the funding plans that are in line with the EBA Guidelines of the following credit institutions established in their respective participating Member States:

               (a)

               significant credit institutions at the highest level of consolidation in the participating Member States on a consolidated basis;

               (b)

               significant credit institutions that are not part of a supervised group on an individual basis;

               (c)

               less significant credit institutions in respect of which the relevant national competent authority is obliged to report to the EBA the relevant funding plans in accordance with Decision EBA/DC/2015/130 of the European Banking Authority (6) on a consolidated basis or on an individual basis if those institutions are not part of a supervised group.

         2.   National competent authorities that collect the funding plans of significant credit institutions that are not referred to in points (a) and (b) of paragraph 1 shall provide these funding plans to the ECB if they comply with the EBA Guidelines.
   3.   The funding plans shall be submitted to the ECB in accordance with the harmonised templates and definitions referred to in the funding plan template attached to the EBA Guidelines. The funding plans shall have a reference date of 31 December of the previous year.
   Article 4
   Remittance dates
   1.   National competent authorities shall submit the funding plans of the significant credit institutions referred to in Article 3(1)(a) and (b) to the ECB by the 10th working day following the remittance dates referred to in paragraph 8 of the EBA Guidelines.
   2.   National competent authorities shall submit the funding plans of the credit institutions referred to in Article 3(1)(c) and Article 3(2) to the ECB by 12.00 CET on the dates by which the national competent authorities have to submit funding plans to the EBA under paragraph 8 of the EBA Guidelines.
   Article 5
   Data quality checks
   1.   National competent authorities shall monitor and ensure the quality and reliability of the data made available to the ECB. National competent authorities shall apply the validation rules developed and maintained by the EBA and they shall apply the additional data quality checks defined by the ECB in cooperation with the national competent authorities.
   2.   Further to the compliance with the validation rules and quality checks, the data shall be submitted in accordance with the following additional minimum standards for accuracy:

               (a)

               national competent authorities shall provide information, if applicable, on the developments implied by the data submitted; and

               (b)

               the information must be complete: existing gaps must be acknowledged, explained to the ECB and, if applicable, filled without undue delay.

         Article 6
   Qualitative information
   1.   National competent authorities shall submit to the ECB without undue delay the corresponding explanations in the event that the data quality for a given table in the taxonomy cannot be warranted.
   2.   In addition, national competent authorities shall communicate to the ECB the reasons for any significant revisions submitted.
   Article 7
   Specification of the transmission format
   1.   National competent authorities shall submit the data specified in this Decision using the applicable eXtensible Business Reporting Language taxonomy in order to provide a uniform technical format for the exchange of data regarding the EBA Guidelines.
   2.   The supervised entities shall be identified in the corresponding transmission by the use of the Legal Entity Identifier.
   Article 8
   First reporting reference dates
   The first reference date for the reporting pursuant to Article 3 shall be 31 December 2017.
   Article 9
   Taking effect
   This Decision shall take effect on the day of its notification to the addressees.
   Article 10
   Addressees
   This Decision is addressed to the national competent authorities of the participating Member States.

      Done at Frankfurt am Main, 27 June 2017.

            The President of the ECB

         Mario DRAGHI

      (1)  OJ L 287, 29.10.2013, p. 63.

      (2)  OJ L 141, 14.5.2014, p. 1.

      (3)  EBA/GL/2014/04.

      (4)  Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331, 15.12.2010, p. 12).

      (5)  Recommendation ESRB/2012/2 of the European Systemic Risk Board of 20 December 2012 on funding of credit institutions (OJ C 119, 25.4.2013, p. 1).

      (6)  Decision EBA/DC/2015/130 of the European Banking Authority of 23 September 2015 on reporting by competent authorities to the EBA.