title: 2014/106/EU: Decision of the European Central Bank of 20 December 2013 on the accreditation procedures for manufacturers of euro secure items and euro items and amending Decision ECB/2008/3 (ECB/2013/54)

text:
               27.2.2014

               EN

               Official Journal of the European Union

               L 57/29

      DECISION OF THE EUROPEAN CENTRAL BANK

   of 20 December 2013
   on the accreditation procedures for manufacturers of euro secure items and euro items and amending Decision ECB/2008/3
   (ECB/2013/54)
   (2014/106/EU)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 128(1) thereof,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, in particular Article 12.1, Article 16 and Article 34.3 thereof,
   Having regard to Council Regulation (EC) No 2532/98 of 23 November 1998 concerning the powers of the European Central Bank to impose sanctions (1), in particular Article 2 thereof,
   Whereas:

               (1)

               Article 128(1) of the Treaty and Article 16 of the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the ‘Statute of the ESCB’) provide that the European Central Bank (ECB) has the exclusive right to authorise the issue of euro banknotes within the Union. This right includes the competence to take measures to protect the integrity of euro banknotes as a means of payment.

               (2)

               The ECB adopted Decision ECB/2008/3 of 15 May 2008 on security accreditation procedures for manufacturers of euro secure items for euro banknotes (2), establishing a security accreditation procedure which confirms whether manufacturers comply with the ECB minimum security requirements for the production, processing, storage and transport of euro banknotes and their components, and other related materials and information requiring security protection, the loss, theft or publication of which could damage the integrity of euro banknotes or contribute to the production of counterfeit euro banknotes or their components. In addition, Decision ECB/2008/3 established procedures to ensure ongoing compliance with the abovementioned security requirements.

               (3)

               The ECB adopted Decision ECB/2010/22 of 25 November 2010 on the quality accreditation procedure for manufacturers of euro banknotes (3), to ensure that only manufacturers conforming with the ECB minimum quality requirements for the production of euro banknotes and euro banknote raw materials are accredited to produce such banknotes and materials.

               (4)

               In line with Articles 9 and 11 of the Treaty, the ECB adopted Decision ECB/2011/8 of 21 June 2011 on the environmental and health and safety accreditation procedures for the production of euro banknotes (4), to ensure that only manufacturers that conform with the ECB minimum environmental and health and safety requirements are accredited to perform a euro banknote production activity.

               (5)

               Following the experience gained by the ECB in applying Decisions ECB/2008/3, ECB/2010/22 and ECB/2011/8, it is necessary to implement an efficient single accreditation system to prevent any substantive and procedural discrepancies arising from the application of the abovementioned Decisions, such as disproportionate diversity in the validity of accreditations, their procedures and terminology.

               (6)

               To address the abovementioned issues and alleviate the administrative burden on manufacturers, it is necessary to put in place a single accreditation system, which will: (a) allow for the assessment of manufacturers’ compliance with relevant security, quality, environmental, and health and safety requirements, as laid down by the ECB; (b) assess compliance with these requirements on the basis of a harmonised inspection procedure; (c) provide for appropriate and proportionate types of penalties, including financial penalties, in the event of non-compliance with the abovementioned requirements; and (d) ensure that euro secure items may only be delivered to NCBs and future Eurosystem NCBs, subject to a decision of the Governing Council, other accredited manufacturers and/or the ECB.

               (7)

               This new single accreditation system should revolve around a several-stage assessment procedure where a manufacturer seeking accreditation is assessed as to whether it fully complies with all aspects of the relevant accreditation requirements laid down in this Decision.

               (8)

               To facilitate this assessment, including any subsequent assessment of an accredited manufacturer’s ongoing compliance, a streamlined inspection regime needs to be put in place, which allows the ECB to perform on-site and off-site inspections.

               (9)

               To avoid the current multiplicity of individual accreditations, the grant of a single provisional accreditation should be provided for, with the possibility of conversion into a single accreditation, where the relevant manufacturer has demonstrated its compliance with all accreditation requirements, also during production, following an official order by an accredited manufacturer, the ECB or an NCB in line with its provisional accreditation.

               (10)

               To maintain the flexibility of the accreditation process, the ECB should have discretion on how to organise the assessment stages in relation to the initiation request for provisional accreditation.

               (11)

               In order to ensure better administration in the context of the accreditation procedure, a provisional accreditation and accreditation should have continuous validity unless a manufacturer is found to be non-compliant with the relevant accreditation requirements. For the same purpose, the ECB shall be competent to convert a provisional accreditation to an accreditation where the relevant manufacturer has produced euro secure items and/or euro items following an official order by the ECB or an NCB over an uninterrupted period of 36 months. The ECB will also have the competence to downgrade an accreditation to a provisional accreditation on its own initiative, where a manufacturer has not produced euro secure items and/or euro items over an uninterrupted period of 36 months.

               (12)

               Therefore, Decisions ECB/2008/3, ECB/2010/22 and ECB/2011/8 need to be repealed and replaced by this Decision. To ensure a smooth transition from the current accreditation regimes to a single accreditation system under this Decision, a transitional period of one year from the adoption of this Decision should be put in place. This will allow manufacturers with individual security, quality, environmental, and health and safety accreditations to make all necessary arrangements to comply with the relevant accreditation requirements under this Decision,

         HAS ADOPTED THIS DECISION:
   SECTION I

      GENERAL PROVISIONS

   Article 1
   Definitions
   For the purposes of this Decision:

               1.

               ‘euro items’ means euro banknotes, partly printed euro banknotes and paper, ink, foil and thread used to produce euro banknotes or partly printed euro banknotes;

               2.

               ‘euro items activity’ means the production of euro items;

               3.

               ‘euro secure items’ means the items listed in the substantive security requirements, including euro banknotes that are: (a) in circulation, (b) being developed to replace euro banknotes in circulation, or (c) withdrawn from circulation, together with their components and related information, which require security protection because their loss, theft or unauthorised publication could damage the integrity of euro banknotes as a means of payment;

               4.

               ‘euro secure activity’ means any of the following: origination, production, processing, destruction, storage, internal movement within a manufacturing site or transport of euro secure items;

               5.

               ‘origination’ means the transformation of the basic design of the euro banknotes under development into layouts, colour separation, line work and printing plates and the preparation of layouts and prototypes for components proposed in those basic designs;

               6.

               ‘manufacturer’ means any entity that is, or wishes to be, involved in a euro secure activity and/or euro items activity, with the exception of entities that are only, or only wish to be, involved in the transport of euro secure items or provision of specialist destruction facilities;

               7.

               ‘manufacturing site’ means any premises that a manufacturer uses or wishes to use, for the origination, production, processing, destruction, and storage of euro secure items and/or euro items;

               8.

               ‘accreditation requirements’ means the ECB’s substantive requirements, the accreditation procedure and location requirements as well as the continuing obligations laid down in this Decision, which a manufacturer must comply with to be granted or to retain its provisional accreditation or accreditation;

               9.

               ‘accredited manufacturer’ means a manufacturer with a provisional accreditation or accreditation;

               10.

               ‘substantive requirements’ means the relevant security, quality, environmental, and health and safety requirements, as separately laid down by the ECB, which a manufacturer has to comply with to be able to perform a euro secure activity and/or euro items activity;

               11.

               ‘arrangements’ means the security, quality, environmental or health and safety measures taken by a manufacturer to comply with the relevant substantive requirements;

               12.

               ‘old regime accreditations’ means valid temporary or full accreditations, in particular security, quality, environmental or health and safety accreditations granted by the ECB to a manufacturer to carry out euro secure activity and/or euro items activity in accordance with Decisions ECB/2008/3, ECB/2010/22 and ECB/2011/8;

               13.

               ‘repealed ECB accreditation decisions’ means collectively Decisions ECB/2008/3, ECB/2010/22 and ECB/2011/8;

               14.

               ‘NCB’ means the national central bank of a Member State whose currency is the euro;

               15.

               ‘future Eurosystem NCB’ means the national central bank of a Member State with a derogation that has fulfilled the conditions set for the adoption of the euro and in relation to which a decision on the abrogation of the derogation, pursuant to Article 140(2) of the Treaty, has been taken;

               16.

               ‘certification authority’ means an independent certification authority which evaluates a manufacturer’s quality, environmental or health and safety management systems and is entitled to certify that the manufacturer fulfils the requirements of the ISO 9001 or ISO 14000 or OHSAS 18000 series of standards;

               17.

               ‘working day’ means an ECB working day from Monday to Friday, excluding the ECB public holidays, as published on the ECB website;

               18.

               ‘inspection’ means an accreditation procedure aimed at assessing a manufacturer’s compliance with the accreditation requirements, taking the form of either an on-site inspection or an off-site inspection, and ending with the finalisation of a relevant inspection report on the outcome of this assessment;

               19.

               ‘on-site inspection’ means a visit by an ECB inspection team to a manufacturing site to assess whether the arrangements put in place at the manufacturing site comply with the relevant accreditation requirements;

               20.

               ‘off-site inspection’ means an assessment by the ECB of the documentation submitted by a manufacturer in the context of an inspection, performed away from its manufacturing site to identify whether the manufacturer complies with the relevant accreditation requirements;

               21.

               ‘specific NCB security checks’ mean the performance of stock-checks, checks on destruction or checks on transport by an ordering NCB at an accredited manufacturing site in relation to the official production order given to an accredited manufacturer in accordance with Article 11;

               22.

               ‘stock-check’ means a visit by an ordering NCB to an accredited manufacturing site to assess the accuracy of the stock inventories of euro secure items held by the relevant manufacturer;

               23.

               ‘check on destruction’ means a visit by an ordering NCB to an accredited manufacturing site to monitor the destruction of euro secure items and to conduct stock-checks during the destruction of euro secure items in accordance with Article 11;

               24.

               ‘check on transport’ means an assessment of compliance with respect to the arrangements for the transport of euro banknotes and/or euro banknote paper put in place by an accredited manufacturer with the relevant transport security requirements;

               25.

               ‘production’ means the manufacturing of euro secure items or euro items in accordance with an official order by another accredited manufacturer, an NCB or the ECB, excluding manufacturing for R & D and test purposes, where the deliverables are not intended for issuance, and excluding manufacturing for internal stocks.

         Article 2
   General accreditation principles
   1.   A manufacturer may only perform a euro secure activity and/or euro items activity in respect of a euro secure item and/or euro item at the manufacturing site for which the ECB has granted it an accreditation or provisional accreditation.
   2.   Where a manufacturer has not performed production, the ECB may grant it a provisional accreditation for the relevant euro secure activity and/or euro items activity in accordance with the procedure laid down in Articles 4, 5 and 6.
   3.   A provisional accreditation may be converted into an accreditation where a manufacturer has passed the relevant inspections during production in accordance with the procedure laid down in Article 7.
   4.   Where an accredited manufacturer has not performed production for an uninterrupted period of 36 months, the ECB may convert its accreditation into a provisional accreditation, as laid down in Article 8.
   5.   In order to receive and maintain a provisional accreditation or accreditation from the ECB, a manufacturer shall, in addition to the requirements laid down in this Decision, comply with:

               (a)

               the relevant substantive requirements, which are minimum requirements. Manufacturers may adopt and implement stricter security, quality, environmental, health and safety arrangements;

               (b)

               the following location requirements:

                           (i)

                           where it is not a printing works, its manufacturing site is located in a Member State of the European Union or in a Member State of the European Free Trade Association; or

                           (ii)

                           where it is a printing works, its manufacturing site is located in a Member State of the European Union.

         6.   The Executive Board may, where so justified by the circumstances, grant an exemption from the location requirement set out in paragraph 5(b) above. Where the Executive Board grants such an exemption, it shall provide relevant reasons for doing so.
   7.   Manufacturers with a provisional accreditation or accreditation shall be equally eligible to participate in tenders.
   8.   An accredited manufacturer may only produce and/or supply euro secure items to meet an official order placed by one of the following:

               (a)

               another accredited manufacturer that requires the euro secure items for its euro secure activity;

               (b)

               an NCB;

               (c)

               subject to a decision of the Governing Council, a future Eurosystem NCB; and

               (d)

               the ECB.

         9.   A manufacturer shall bear any costs and associated losses incurred in connection with the application of this Decision.
   Article 3
   Decisions taken by the Executive Board
   1.   The Executive Board shall be competent to take all decisions relating to a manufacturer’s accreditation under Articles 6, 16 to18 and 20.
   2.   The Executive Board may decide to sub-delegate the powers to grant a provisional accreditation under Article 6 to one or more of its members.
   SECTION II

      ACCREDITATION PROCEDURE

   Article 4
   Initiation request for a provisional accreditation
   1.   A manufacturer without any type of accreditation which wishes to perform a euro secure activity and/or euro items activity shall submit a written request to the ECB to initiate the provisional accreditation procedure.
   2.   This initiation request shall:

               (a)

               specify the euro secure activity and the euro secure item(s) and/or euro items activity and the euro item(s) as well as the exact address of the manufacturing site for which a provisional accreditation is sought;

               (b)

               include a declaration by the requesting manufacturer that it will keep the content of the substantive requirements confidential;

               (c)

               include a written undertaking that it shall comply with all applicable provisions of this Decision.

         3.   Where a manufacturer is requesting to perform a euro items activity, the manufacturer shall provide the ECB with copies of the ISO 9001, ISO 14001 and OHSAS 18001 certificates issued by competent certification authorities, attesting that it conforms with the relevant standards at the relevant manufacturing site for the planned euro items activity.
   4.   The ECB shall assess the information and documentation provided by the manufacturer in its initiation request and may request additional information or clarifications where necessary.
   5.   The ECB may reject the initiation request where it remains incomplete following an ECB request for additional information or clarifications under paragraph 4 or where the manufacturer does not comply with Article 2(5)(b).
   Article 5
   Preliminary assessment of substantive requirements
   1.   Upon acceptance of the initiation request, the ECB shall provide the manufacturer with a copy of the relevant substantive requirements. The ECB shall further provide documentation, in which the manufacturer shall indicate how its arrangements would comply with the relevant substantive requirements. The manufacturer shall complete and return this documentation to enable the ECB to make a preliminary assessment as to whether the manufacturer may meet the relevant substantive requirements.
   2.   Where a manufacturer requesting a provisional accreditation for a euro secure activity is required under its national law to use specialist destruction facilities, and where it is not possible to make these facilities available at the manufacturing site, it shall also provide information on the specialist destruction facility it proposes to use, including full details of:

               (a)

               the relevant national law provisions and an explanation as to why it is not possible to locate destruction facilities at the manufacturing site;

               (b)

               the specialist destruction facility that the manufacturer proposes to use;

               (c)

               the euro secure item(s) that the manufacturer proposes to destroy at the relevant specialist destruction facility;

               (d)

               the security arrangements proposed for the protection of the euro secure item(s) during the complete process of transport to and from the facility and destruction at the facility.

         3.   The ECB shall assess the information and documentation provided by the manufacturer referred to in paragraphs 1 and 2 and may request additional information or clarifications. The ECB may reject any request for a provisional accreditation which remains incomplete following an ECB request for additional information or clarifications, or which fails to comply with this Article.
   Article 6
   Grant of a provisional accreditation
   1.   The ECB may grant a manufacturer a provisional accreditation provided that the manufacturer has successfully demonstrated, prior to commencing a euro secure activity and/or euro items activity, that it has established the procedures and the infrastructure necessary to comply with the relevant accreditation requirements at the manufacturing site.
   2.   In accordance with Article 9, the ECB shall perform inspections to assess whether a manufacturer complies with all accreditation requirements.
   3.   A manufacturer that requests a provisional accreditation for a planned euro secure activity shall first be inspected for compliance with the security requirements. No other inspections shall commence until the manufacturer has successfully passed the security inspection.
   Article 7
   Conversion of a provisional accreditation into an accreditation
   The ECB may convert a manufacturer’s provisional accreditation into an accreditation, provided that the manufacturer has successfully passed the relevant inspections during production and in doing so has demonstrated that during the actual performance of the relevant euro secure activity and/or euro items activity it has established the required procedures and infrastructure and complies effectively with the relevant accreditation requirements at the manufacturing site.
   Article 8
   Conversion of an accreditation into a provisional accreditation
   The ECB may convert a manufacturer’s accreditation into a provisional accreditation where a manufacturer has not performed production under an official order by the ECB or an NCB over an uninterrupted period of 36 months.
   SECTION III

      INSPECTIONS AND SPECIFIC NCB SECURITY CHECKS

   Article 9
   Inspections
   1.   The ECB shall assess whether a manufacturer complies with the relevant accreditation requirements by means of inspections. These can take the form of on-site inspections and/or off-site inspections.
   2.   Off-site inspection(s) shall be performed in relation to any documentation provided by a manufacturer which is relevant for assessing its compliance with the accreditation requirements.
   3.   On-site inspection(s) shall assess a manufacturer’s compliance with the relevant substantive requirements at the manufacturing site, in particular with regards to the security and quality requirements. The ECB may decide to conduct such on-site inspections whenever it considers this necessary but at least every 36 months with respect to the substantive security and quality requirements for a euro items activity and/or a euro secure activity.
   4.   On-site inspections in relation to the substantive security and quality requirements may be announced in advance. On-site inspections for security and quality that have been announced shall commence on the date that has been mutually agreed between the manufacturer and the ECB. Once a manufacturer has started performing a euro secure activity and/or a euro items activity, security and quality on-site inspections may also be unannounced.
   5.   No later than 10 working days before the date on which an announced on-site inspection is to commence, the ECB may provide the manufacturer with pre-on-site inspection documentation for completion by the manufacturer. The manufacturer shall return such documentation to the ECB at least five working days before the date on which the on-site inspection is due to commence.
   6.   If a manufacturer is required to use a specialist destruction facility pursuant to its national law, the on-site inspection team may also visit this facility to assess whether the arrangements proposed by the manufacturer are sufficient to protect the integrity of the euro secure items concerned.
   Article 10
   Findings letter and inspection report
   1.   If any instance of non-compliance with the relevant accreditation requirements is identified during the course of an inspection, the ECB shall send a findings letter to the manufacturer, specifying the instance(s) of non-compliance in question, within the following time periods:

               (a)

               15 working days from the date on which the relevant on-site inspection was completed;

               (b)

               40 working days following the ECB’s receipt of any relevant documentation pursuant to an off-site inspection, in particular with respect to the continuing obligations laid down in Article 12;

               (c)

               15 working days following receipt of the NCB’s report to the ECB where specific NCB security checks have been carried out pursuant to Article 11.

         2.   The manufacturer shall have 15 working days from receipt of the findings letter to communicate with the ECB in writing, providing its comments and details of any arrangements or improvements it intends in relation to the content of the findings letter.
   3.   The ECB shall prepare a draft inspection report within 25 working days following: (a) finalisation of an inspection, where no instance of non-compliance was identified; (b) the ECB’s receipt of the manufacturer’s written comments on the findings letter; or (c) the expiry of the deadline for making such comments, where comments have not been received. This draft inspection report shall include the inspection findings and the relevant comments received from the manufacturer. The draft inspection report shall further draw conclusions on whether the manufacturer is in compliance with the accreditation requirements.
   4.   The manufacturer shall have 15 working days from receipt of the draft inspection report to communicate to the ECB in writing, providing its comments and details of any arrangements or improvements it intends in relation to the contents of the draft inspection report. Following receipt of the manufacturer’s comments or on expiry of the deadline for provision of such comments, the ECB shall, within 30 working days, finalise the draft inspection report and submit it to the relevant manufacturer.
   5.   Additional on-site inspections may be conducted to verify whether, following the implementation of such arrangements or improvements, the manufacturer complies with the relevant accreditation requirements. Additional on-site inspections may delay the finalisation of the draft inspection report.
   6.   In case of major non-compliances with the accreditation requirements that require an urgent ECB decision and that could reasonably be considered to warrant a suspension decision pursuant to Article 17 or a revocation decision pursuant to Article 18, the ECB may decide to shorten the process described in paragraphs 1, 2 and 3, whereby the manufacturer shall have a maximum of five working days to comment on the relevant non-compliance. The ECB shall provide the reasons for such urgency.
   7.   The ECB may decide to extend the deadlines mentioned in this Article.
   Article 11
   Specific NCB security checks
   1.   Any NCB that has placed an official order for the production of euro banknotes may, in relation to such orders, conduct stock-checks and checks on destruction of euro secure items at the manufacturing site where the euro banknotes are being produced or at any other manufacturing site where components for those euro banknotes are being produced, processed, stored or destroyed.
   2.   The NCB referred to in paragraph 1 may also conduct checks on the transport of euro banknotes and euro banknote paper.
   3.   The NCB shall send a written report to the ECB within three working days of the completion of the checks if the manufacturer is found in breach of the ECB transport rules under the substantive requirements or if any discrepancy is discovered during the stock-checks or checks on destruction.
   4.   The ECB may appoint a specific security on-site inspection team to conduct on-site inspections at the manufacturing site to verify the breaches or discrepancies identified by the NCB. Any findings made by the ECB based on the outcome of the specific security inspection team’s inspection shall be reported pursuant to Article 10.
   SECTION IV

      CONTINUING OBLIGATIONS

   Article 12
   Continuing obligations of accredited manufacturers
   1.   An accredited manufacturer shall, for the relevant manufacturing site, provide the ECB with a copy of the relevant certificate referred to in Article 4(3) each time any such certificate is renewed or changed within three months from the relevant date of continuation or change.
   2.   An accredited manufacturer shall immediately inform the ECB if any of the required certificates are revoked.
   3.   An accredited manufacturer shall immediately inform the ECB in writing of any of the following:

               (a)

               commencement of any procedure for the winding-up or reorganisation of the manufacturer or any analogous procedure;

               (b)

               appointment of a liquidator, receiver, administrator or similar officer in relation to the manufacturer;

               (c)

               any intention to subcontract or to involve third parties in a euro items activity or euro secure activity for which the manufacturer has accreditation;

               (d)

               any change in the arrangements at the manufacturing site that occurs after accreditation has been granted and affects, or may affect, the compliance with the relevant accreditation requirements, including changes to the details under Article 5(2)(a) to (d);

               (e)

               any intention to change control of the accredited manufacturer or change its ownership structure;

               (f)

               the lapse of an uninterrupted period of 34 months since its last production.

         4.   An accredited manufacturer shall not transfer or assign its accreditations to a third party, including any of its subsidiaries and associated companies.
   5.   An accredited manufacturer shall not transfer any part of the euro secure activity or the euro items activity or any euro secure items or euro items to another site owned, leased or otherwise within the control of the manufacturer unless that site has been granted the appropriate accreditation in accordance with Article 2 and the ECB has given prior written consent for the transfer.
   6.   An accredited manufacturer shall not outsource or transfer any part of the euro secure activity or euro items activity or any euro secure items or euro items to any third party, including the manufacturer’s subsidiaries and associated companies, unless that third party has been granted the appropriate accreditation in accordance with Article 2 and the ECB has given prior written consent for the outsourcing or transfer.
   7.   The ECB’s prior written consent shall be required for an accredited manufacturer to outsource any part of euro secure activity or euro items activity to another manufacturing site.
   8.   A manufacturer with provisional accreditation shall immediately inform the ECB when it receives an official order to produce from another accredited manufacturer, an NCB or the ECB, so that relevant inspections can take place as soon as possible. The notification shall include information about the official order to produce and the planned start and end date of production.
   9.   A manufacturer with a provisional accreditation shall provide the ECB with the information on environmental, health and safety aspects as required in the relevant substantive requirements.
   10.   If an accredited manufacturer is a printing works, it shall arrange for the conduct of analysis on the chemical substances of finished euro banknotes and shall report to the ECB in accordance with the relevant environmental, health and safety requirements.
   11.   An accredited manufacturer shall keep the substantive requirements confidential.
   Article 13
   Continuing obligations of the ECB
   The ECB shall inform accredited manufacturers of any updates to the substantive requirements that concern the euro secure activity and/or euro items activity for which they have been granted an accreditation or provisional accreditation.
   SECTION V

      CONSEQUENCES OF NON-COMPLIANCE

   Article 14
   Instances of non-compliance
   1.   Any of the following acts of a manufacturer shall constitute an instance of non-compliance:

               (a)

               failure to meet the relevant accreditation requirements;

               (b)

               failure to implement improvements as agreed with the ECB;

               (c)

               refusal to grant immediate access to the manufacturing site to an on-site inspection team or to personnel appointed by an NCB to conduct stock-checks, checks on destruction or checks on transport;

               (d)

               submission of a false or misleading declaration or a falsified document to the ECB and, where applicable, to an NCB, pursuant to any of the procedures under this Decision;

               (e)

               breach of its obligation to keep the content of the substantive requirements confidential.

         2.   Any instance of non-compliance with the relevant accreditation requirements shall be notified to the non-compliant manufacturer in accordance with Article 10(4) or otherwise notified to the non-compliant manufacturer. Any instance of non-compliance must be corrected within an agreed period. This period shall be proportionate to the seriousness of the non-compliance.
   3.   A major non-compliance is an instance that has or had an immediate and serious adverse impact on the security of the euro secure activity and/or an immediate and serious adverse impact on the quality, environmental or health and safety aspects of a euro items activity.
   4.   The ECB may issue a recommendation to a manufacturer, which is a suggestion for improving an arrangement that nevertheless complies with the accreditation requirements.
   Article 15
   ECB decisions on non-compliance
   1.   The ECB shall take any of the decisions referred to in Articles 16 to 18 and 20 in written form. These decisions shall include:

               (a)

               the instance of non-compliance and the comments provided by the manufacturer, where applicable;

               (b)

               the manufacturing site, the euro secure item and/or euro item and the euro secure activity and/or euro items activity to which the decision relates;

               (c)

               the date on which the decision will become effective;

               (d)

               the time limit for remedying the non-compliance, where applicable;

               (e)

               the reasons for the decision.

         2.   In all cases where the ECB takes a decision pursuant to Articles 16 to 18 and 20, it shall be proportionate to the seriousness of the non-compliance and to the track record of the manufacturer as regards the occurrences and corrections of any other instances of non-compliance.
   3.   The ECB may inform the NCBs and all accredited manufacturers of any decision taken pursuant to this Article, its scope and duration and, in such case, shall specify that the NCBs will be notified if there is any further change in the manufacturer’s status.
   Article 16
   Warning decision
   1.   The ECB may take a warning decision in relation to an accredited manufacturer in the event of:

               (a)

               a major non-compliance with regard to security aspects of a euro secure activity, or the quality, environmental or health and safety aspects of a euro items activity;

               (b)

               a recurrent pattern of instances of non-compliance;

               (c)

               failure of timely and effective correction of any instance of non-compliance.

         2.   The ECB shall take into account all relevant explanations provided by that manufacturer.
   3.   A warning decision may also state that if the non-compliance has not been remedied within the specified time limit, Articles 17 or 18 will apply.
   4.   If the ECB assesses that a warning decision alone would not be justified given the seriousness of the identified instance of non-compliance, it may take a decision pursuant to Article 17 or 18.
   Article 17
   Suspension in relation to new orders
   1.   The ECB may take a suspension decision in relation to an accredited manufacturer with the effect that the manufacturer may finish any on-going production order but cannot accept new orders until the suspension decision has been lifted. A suspension decision may be taken in the event of:

               (a)

               a major non-compliance with an immediate and serious adverse impact on the security of the euro secure activity but where the manufacturer was able to demonstrate that no loss or theft of euro secure items or unauthorised publication of information, which could damage the integrity of euro secure items, has occurred;

               (b)

               a manufacturer failing to remedy the non-compliance specified in a warning decision.

         2.   The ECB shall take into account all relevant explanations provided by that manufacturer.
   3.   A suspension decision may also state that if the non-compliance has not been remedied within the specified time limit, Article 18 will apply.
   4.   If the ECB assesses that a suspension decision alone would not be justified given the seriousness of the identified instance of non-compliance, it may take a revocation decision pursuant to Article 18.
   5.   A suspension decision can only be lifted if all relevant instances of non-compliance have been corrected and assessed as corrected by an inspection.
   Article 18
   Revocation of accreditation
   1.   The ECB may take a revocation decision in the event of:

               (a)

               a manufacturer’s failure to follow up on a suspension decision;

               (b)

               a manufacturer’s failure to comply with Article 19;

               (c)

               a non-compliance with the requirement to immediately inform the ECB about any of the circumstances referred to in Article 12(3)(c) to(f);

               (d)

               a request from an accredited manufacturer to transfer all or part of its euro secure activity and/or euro items activity to a new manufacturing site. The scope of such revocation shall include the old manufacturing site from which the relevant activity is being transferred;

               (e)

               a request from an accredited manufacturer to withdraw its provisional accreditation or accreditation.

         2.   The ECB may take a revocation decision where it assesses that such revocation is proportionate to:

               (a)

               the gravity of the instance(s) of non-compliance;

               (b)

               the magnitude of actual or potential loss, theft or of any consequential financial and reputational damage of unauthorised publication of information related to euro secure items;

               (c)

               the adequacy of the manufacturer’s response, capacity and capability to mitigate the non-compliance.

         3.   The ECB shall take into account all relevant explanations provided by the respective manufacturer.
   4.   Where the possession of euro secure items by the manufacturer after revocation could put the integrity of euro banknotes as a means of payment at risk, the ECB may require the manufacturer to take measures, such as delivery to the ECB or an NCB of specified euro secure items or destruction thereof, to ensure that the manufacturer does not possess any such euro secure items after the revocation becomes effective.
   5.   A revocation decision shall specify the date after which a manufacturer may re-apply for a provisional accreditation. Such date will be determined on the basis of the circumstances leading to the revocation and shall be at least one year after the date of the revocation decision.
   Article 19
   Immediate stop of euro secure activity
   1.   In exceptional circumstances, where a major non-compliance is identified that could result in the loss or theft of euro secure items or unauthorised publication of information which could damage the integrity of euro banknotes as means of payment unless immediate remedial action is taken, the on-site inspection team may require the non-compliant manufacturer to stop the relevant euro secure activity with immediate effect until the non-compliance has been remedied. In such a case, the manufacturer may not resume this activity without the prior written approval of the ECB.
   2.   Such manufacturer shall provide the ECB with information concerning any other manufacturer which may, as a customer or supplier, be indirectly affected by the stopped euro secure activity or euro items activity. The on-site inspection team may also require the accredited manufacturer to take the measures referred to in Article 18(4) to ensure that it does not possess specified euro secure items in the period for which the euro secure activity has been stopped.
   3.   If a euro secure activity of an accredited manufacturer is stopped under paragraph 1, the ECB shall inform any potentially affected third party manufacturers referred to in paragraph 2 and in such case shall specify that the potentially affected third party manufacturers will be notified if there is a change in the manufacturer’s status.
   4.   As soon as possible after the ECB’s on-site inspection team has required a euro secure activity to be stopped and without prejudice to any other decisions taken pursuant to Articles 16 to 18, the ECB shall promptly lift such a stop if a subsequent inspection concludes that the relevant non-compliance has been remedied.
   Article 20
   Financial penalties in case of discrepancies in quantities of euro banknotes or banknote paper
   1.   A manufacturer performing production of euro banknote paper or euro banknotes shall report to the ECB, in accordance with the substantive security requirements, any discrepancy in quantities of euro banknote paper or in quantities of partly or fully printed euro banknotes identified during any euro secure activity at its accredited manufacturing site.
   2.   If such a manufacturer identifies a discrepancy in a quantity of euro banknote paper or in quantities of partly or fully printed euro banknotes during euro secure activity at the accredited manufacturing site and fails to report it in accordance with the substantive security requirements and the discrepancy is brought to the attention of the ECB by other means, the ECB shall impose on the manufacturer a financial penalty of not less than EUR 50 000. If the equivalent face value of the discrepancy exceeds EUR 50 000, the ECB shall impose on the manufacturer a financial penalty of that equivalent face value, up to a maximum penalty of EUR 500 000.
   3.   If a manufacturer reports to the ECB a discrepancy in a quantity of euro banknote paper or in quantities of partly or fully printed euro banknotes identified during euro secure activity at the accredited manufacturing site but then fails to identify and report to the ECB the cause of the discrepancy within the timescales laid down by the substantive security requirements, the ECB shall consider the imposition of a minimum financial penalty of EUR 50 000. If the equivalent face value of the discrepancy exceeds EUR 50 000, the ECB shall impose on the manufacturer a financial penalty of that equivalent face value, up to a maximum penalty of EUR 500 000.
   4.   If a manufacturer fails to identify a discrepancy in a quantity of euro banknote paper or partly or fully printed euro banknotes during euro secure activity at the accredited manufacturing site and the discrepancy is identified and brought to the attention of the ECB by other means, the ECB shall impose on the manufacturer a financial penalty of not less than EUR 50 000. If the equivalent face value of the discrepancy exceeds EUR 50 000, the ECB shall impose on the manufacturer a financial penalty of that equivalent face value, up to a maximum penalty of EUR 500 000.
   5.   The seriousness of the discrepancy shall be considered in each specific case when deciding on the amount of the financial penalty and shall justify a financial penalty above or below the amount of EUR 50 000. The seriousness of the discrepancy shall be evidenced by the equivalent face value of the relevant discrepancy. The financial penalties shall under no circumstances exceed EUR 500 000.
   6.   Decisions on financial penalties shall follow the procedures laid down in Regulation (EC) No 2532/98 and Regulation (EC) No 2157/1999 of the European Central Bank of 23 September 1999 on the powers of the European Central Bank to impose sanctions (ECB/1999/4) (5). In addition to the financial penalties, the ECB may decide to issue a warning decision, or revoke or suspend the provisional accreditation or accreditation.
   Article 21
   Review procedure
   1.   The ECB shall assess any request and information provided by the manufacturer related to this Decision and inform the manufacturer in writing of its decision to accept or reject the request or validity of the information received within 50 working days from the receipt of:

               (a)

               the initiation request; or

               (b)

               any additional information or clarifications requested by the ECB.

         2.   Where the ECB has taken a decision:

               (a)

               to reject a request for the initiation of any accreditation procedure;

               (b)

               to refuse to: (i) grant any provisional accreditation; (ii) convert a provisional accreditation into an accreditation; or (iii) convert an accreditation into a provisional accreditation;

               (c)

               to convert an old regime accreditation into a provisional accreditation or accreditation;

               (d)

               pursuant to Articles 16 to 19,

         the manufacturer may, within 30 working days of notification of such decision, submit a written request to the Governing Council to review the decision. The manufacturer shall include its reasons for such request and all supporting information.
   3.   The review shall not have suspensive effect. If the manufacturer explicitly so requests in its review request, giving reasons therefore, the Governing Council may suspend the application of the decision that is being reviewed.
   4.   The Governing Council shall review the decision in the light of the manufacturer’s review request. If the Governing Council considers that the decision infringes this Decision it shall either order that the procedure in question is repeated or take a final decision. Otherwise the manufacturer’s review request shall be rejected. The manufacturer shall be notified of the outcome of the review in writing within 60 working days of receipt of the review request. The Governing Council’s decision shall state the reasons on which it is based.
   5.   The Court of Justice of the European Union shall have exclusive jurisdiction in any dispute between the ECB and a manufacturer relating to this Decision. If a review procedure is available under paragraph 2 the manufacturer shall await the ECB’s decision on the review before bringing the matter before the Court of Justice. Time limits set out in the Treaty shall begin to run from receipt of the review decision.
   6.   By way of derogation from paragraphs 1 to 4, the review procedure for decisions on financial penalties under Article 20 shall be carried out in compliance with the procedure laid down in Regulation (EC) No 2532/98 and Regulation (EC) No 2157/1999 (ECB/1999/4).
   Article 22
   ECB accreditation register
   1.   The ECB shall keep a register of accreditations:

               (a)

               listing all manufacturers which have been granted a provisional accreditation or accreditation;

               (b)

               indicating, in respect of each manufacturing site, the euro secure activity and/or the euro items activity, the euro secure items and the euro items for which a provisional accreditation or accreditation has been granted.

         2.   The ECB shall make information from the accreditation register available to all NCBs, future Eurosystem NCBs and accredited manufacturers. The ECB shall regularly update the accreditation register in accordance with the information provided by the accredited manufacturers and the NCBs under this Decision. For the purpose of making regular updates of the accreditation register, the ECB may collect from accredited manufacturers, the NCBs and future Eurosystem NCBs further relevant information, which the ECB deems necessary for maintaining the accuracy and correctness of the information in the accreditation register.
   3.   If the ECB takes a suspension decision under Article 17, it shall record the scope and duration of the measure and all changes in the manufacturer’s status relating to its name, the affected manufacturing site and the euro secure items, euro items, euro secure activity and euro items activity concerned in compliance with the terms of such a suspension decision.
   4.   If the ECB takes a revocation decision pursuant to Article 18, it shall remove the name of the manufacturer, manufacturing site, euro secure item and euro secure activity and/or the euro item and euro items activity from the accreditation register in compliance with the terms of such a revocation decision.
   SECTION VI

      AMENDMENT, TRANSITIONAL AND FINAL PROVISIONS

   Article 23
   Amendment
   Article 1(c) of Decision ECB/2008/3 is replaced by the following:

               ‘(c)

               “euro secure items” means the items listed in the security rules, including euro banknotes that are: (a) in circulation, (b) being developed to replace euro banknotes in circulation, or (c) withdrawn from circulation, together with their components and related information, which require security protection because their loss, theft or unauthorised publication could damage the integrity of euro banknotes as a means of payment;’.

         Article 24
   Repeal
   Decisions ECB/2008/3, ECB/2010/22 and ECB/2011/8 shall be repealed on the date specified in Article 26(3). References to Decisions ECB/2008/3, ECB/2010/22 and ECB/2011/8 shall be understood as meaning references to this Decision.
   Article 25
   Transitional provisions
   1.   Manufacturers with old regime accreditations shall be entitled to perform euro secure activity and/or euro items activity until the date indicated in Article 26(3).
   2.   Two months before the date indicated in Article 26(3), manufacturers with old regime accreditations shall inform the ECB whether they have performed euro secure activity and/or euro items activity in the preceding 36 months.
   3.   Old regime accreditations granted under the repealed ECB accreditation decisions shall either be converted in accordance with paragraphs 4 and 5 or expire after the date indicated in Article 26(3) regardless of their remaining validity periods or permanent status.
   4.   A manufacturer with valid security, quality, environmental, and health and safety accreditations that has produced euro secure items and/or euro banknote raw materials in accordance with the repealed ECB accreditation decisions during the 36 months before the date indicated in Article 26(3) shall have its accreditations converted into an accreditation in line with Article 7 of this Decision and the relevant accreditation requirements thereof.
   5.   A manufacturer with valid security, quality, environmental, health and safety accreditations that has not produced euro secure items and/or euro banknote raw materials in accordance with the repealed ECB accreditation decisions during the 36 months before the date indicated in Article 26(3) shall have its accreditations converted into a provisional accreditation in line with Article 8 of this Decision and the relevant accreditation requirements thereof.
   6.   All initiated or ongoing procedures under the repealed ECB accreditation decisions in relation to old regime accreditations, in particular:

               (a)

               initial or follow-up security inspections, including quality audits or quality pre-audits;

               (b)

               grant of accreditation(s);

               (c)

               issuance of a warning decision, suspension or revocation of accreditation(s); or

               (d)

               review of actions or decisions under subparagraphs (a) to(c),

         shall be finalised in accordance with the provisions of the repealed ECB accreditation decisions for the period until the date indicated in Article 26(3).
   7.   From the 2016 production of euro banknotes, NCBs shall not validate any printed euro banknotes with chemical substances exceeding the acceptance limits referred to in the environmental, and health and safety requirements.
   Article 26
   Final provisions
   1.   This Decision shall take effect on the day following its publication in the Official Journal of the European Union.
   2.   Articles 23 and 25 shall apply from the day following the publication of this Decision in the Official Journal of the European Union.
   3.   The remaining provisions of this Decision shall apply from 12 months following the day of its publication in the Official Journal of the European Union.
   Article 27
   Addressees
   This Decision is addressed to manufacturers of euro secure items and euro items and the NCBs, whenever the latter perform stock-checks, checks on destruction or checks on transport.

      Done at Frankfurt am Main, 20 December 2013.

            The President of the ECB

         Mario DRAGHI

      (1)  OJ L 318, 27.11.1998, p. 4.

      (2)  OJ L 140, 30.5.2008, p. 26.

      (3)  OJ L 330, 15.12.2010, p. 14.

      (4)  OJ L 176, 5.7.2011, p. 52.

      (5)  OJ L 264, 12.10.1999, p. 21.


title: Council Decision 2009/570/CFSP of 27 July 2009 amending and extending Decision 2008/901/CFSP concerning the independent international fact-finding mission on the conflict in Georgia

text:
               29.7.2009

               EN

               Official Journal of the European Union

               L 197/108

      COUNCIL DECISION 2009/570/CFSP
   of 27 July 2009
   amending and extending Decision 2008/901/CFSP concerning the independent international fact-finding mission on the conflict in Georgia
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 13(3) and Article 23(1) thereof,
   Whereas:

               (1)

               On 1 September 2008, the European Council stated that the European Union is ready to commit itself to support every effort to secure a peaceful and lasting solution to the conflicts in Georgia, and that it is ready to support confidence-building measures.

               (2)

               On 15 September 2008, the Council supported the idea of an independent international inquiry into the conflict in Georgia, and on 2 December 2008 it adopted Council Decision 2008/901/CFSP (1) concerning an independent international fact-finding mission on the conflict in Georgia, for the period from 2 December 2008 to 31 July 2009.

               (3)

               On 3 July 2009, the Political and Security Committee recommended that the fact-finding mission be extended for an additional two months,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Decision 2008/901/CFSP is hereby amended as follows:

               1.

               Article 2(1) shall be replaced by the following:
               ‘1.   The financial reference amount to cover expenditure relating to the implementation of the fact-finding mission shall be EUR 1 600 000 for the period from 2 December 2008 to 30 September 2009.’

               2.

               The second subparagraph of Article 5 shall be replaced by the following:
               ‘It shall apply until 30 September 2009’.

         Article 2
   This Decision shall take effect on the day of its adoption.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 27 July 2009.

            For the Council

            The President

         C. BILDT

      (1)  OJ L 323, 3.12.2008, p. 66.


title: Council and Commission Decision (EU, Euratom) 2015/998 of 21 April 2015 on the conclusion of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part

text:
               30.6.2015

               EN

               Official Journal of the European Union

               L 164/548

         COUNCIL AND COMMISSION DECISION (EU, Euratom) 2015/998
   of 21 April 2015
   on the conclusion of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part
   THE COUNCIL OF THE EUROPEAN UNION AND THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217 in conjunction with point (a) of the second subparagraph of Article 218(6) and Article 218(8) thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament (1),
   Having regard to the approval of the Council granted pursuant to Article 101 of the Treaty establishing the European Atomic Energy Community,
   Whereas:

               (1)

               The Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina of the other part (‘the Agreement’), was signed on 16 June 2008, subject to its conclusion at a later date.

               (2)

               The commercial provisions contained in the Agreement are of an exceptional nature, connected with the policy implemented within the framework of the stabilisation and association process, and will not constitute, for the European Union, any precedent in the commercial policy of the Union with regard to third countries other than those of the Western Balkans.

               (3)

               As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community.

               (4)

               Following the signature of the Agreement, the Republic of Croatia acceded to the European Union on 1 July 2013. To reflect this, an adaptation of the Agreement in the form of a Protocol is required.

               (5)

               The Agreement should be approved,

         HAVE ADOPTED THIS DECISION:
   Article 1
   The Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, the Annexes and Protocols annexed thereto, as well as the joint declarations and the declaration by the Community attached to the Final Act, are hereby approved on behalf of the European Union and the European Atomic Energy Community.
   Those texts are attached to this Decision.
   Article 2
   The President of the Council shall, on behalf of the Union, make the following notification:

      ‘As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community and from that date exercises all rights and assumes all obligations of the European Community. Therefore, references to “the European Community” in the text of the Agreement are, where appropriate, to be read as “the European Union”.’

   Article 3
   1.   The position to be taken by the Union or by the European Atomic Energy Community within the Stabilisation and Association Council and within the Stabilisation and Association Committee, where the latter is empowered to act from the Stabilisation and Association Council, shall be determined by the Council, on a proposal by the Commission, or, where appropriate, by the Commission, each in accordance with the corresponding provisions of the Treaties.
   2.   The Stabilisation and Association Council shall be chaired on the Union side by the High Representative of the Union for Foreign Affairs and Security Policy, in accordance with his or her responsibilities pursuant to the Treaties and his or her capacity as President of the Foreign Affairs Council. A representative of the Commission shall preside over the Stabilisation and Association Committee, in accordance with the Rules of Procedure of that Committee.
   3.   The decision to publish the decisions of the Stabilisation and Association Council and the Stabilisation and Association Committee in the Official Journal of the European Union shall be taken on a case-by-case basis by the Council or the Commission, each in accordance with the corresponding provisions of the Treaties.
   Article 4
   The President of the Council is hereby authorised to designate the persons empowered, on behalf of the European Union, to deposit the act of approval provided for in Article 134 of the Agreement. The President of the Commission shall deposit such act of approval on behalf of the European Atomic Energy Community.
   Article 5
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 21 April 2015.

            For the Council

            The President

         E. RINKĒVIČS

      Done at Brussels, 30 April 2015.

            For the Commission

            The President

         J.-C. JUNCKER

      (1)  OJ C 15 E, 21.1.2010, p. 159.


title: 2011/587/EU: Decision of the European Parliament of 10 May 2011 on the closure of the accounts of the European Maritime Safety Agency for the financial year 2009

text:
               27.9.2011

               EN

               Official Journal of the European Union

               L 250/185

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   on the closure of the accounts of the European Maritime Safety Agency for the financial year 2009
   (2011/587/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Maritime Safety Agency for the financial year 2009,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Maritime Safety Agency for the financial year 2009, together with the Agency’s replies (1),

               —

               having regard to the Council’s recommendation of 15 February 2011 (05892/2011 — C7-0052/2011),

               —

               having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

               —

               having regard to Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (3), and in particular Article 19 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A7-0132/2011),

               1.

               Approves the closure of the accounts of the European Maritime Safety Agency for the financial year 2009;

               2.

               Instructs its President to forward this Decision to the Executive Director of the European Maritime Safety Agency, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 338, 14.12.2010, p. 52.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 208, 5.8.2002, p. 1.

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


               17.10.2017

               EN

               Official Journal of the European Union

               C 349/81

         P8_TA(2015)0356
   Request for the waiver of the immunity of Béla Kovács
   European Parliament decision of 14 October 2015 on the request for waiver of the immunity of Béla Kovács (2014/2044(IMM))
   (2017/C 349/13)

      The European Parliament,

               —

               having regard to the request for waiver of the immunity of Béla Kovács in connection with an investigation to be carried out by the Central Chief Prosecution Office of Hungary, forwarded on 12 May 2014 by Dr Péter Polt, the Prosecutor-General of Hungary, and announced in plenary on 3 July 2014; having regard to the further explanations provided by Dr Polt in his letters of 16 October 2014 and 23 March 2015 and to the exchange of views held with Dr Polt at the meeting of the Committee on Legal Affairs on 14 July 2015,

               —

               having heard Mr Kovács in accordance with Rule 9(5) of its Rules of Procedure,

               —

               having regard to Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union, and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,

               —

               having regard to the judgments of the Court of Justice of the European Union of 12 May 1964, 10 July 1986, 15 and 21 October 2008, 19 March 2010, 6 September 2011 and 17 January 2013 (1),

               —

               having regard to Article 4(2) of the Fundamental Law of Hungary, Sections 10(2) and 12(1) of Act LVII of 2004 on the Status of the Hungarian Members of the European Parliament, and Section 74(1) and (3) of Act XXXVI of 2012 on the National Assembly of Hungary,

               —

               having regard to Rules 5(2), 6(1) and 9 of its Rules of Procedure,

               —

               having regard to the report of the Committee on Legal Affairs (A8-0291/2015),

               A.

               whereas the Prosecutor-General of Hungary has requested the waiver of the immunity of a Member of the European Parliament, Béla Kovács, in order that investigations can be carried out, on the basis of reasonable suspicions, to determine whether a charge will lie against him with regard to the offence of espionage against the institutions of the European Union under Section 261/A of Act C of 2012 on the Hungarian Criminal Code; whereas, according to that Section, any person who conducts intelligence activities for a non-European Union country against the European Parliament, the European Commission or the Council of the European Union shall be punishable in accordance with Section 261; whereas, under paragraph (1) of Section 261, any person who conducts intelligence activities for a foreign power or foreign organisation against Hungary is guilty of a felony punishable by imprisonment for between two and eight years;

               B.

               whereas, according to Article 9 of the Protocol on the Privileges and Immunities of the European Union, Members of the European Parliament must enjoy, on the territory of their own Member State, the immunities accorded to members of that Member State’s parliament;

               C.

               whereas, according to Article 4(2) of the Fundamental Law of Hungary, national Members of Parliament are entitled to immunity; whereas, according to Section 10(2) of Act LVII of 2004 on the Status of the Hungarian Members of the European Parliament, Members of the European Parliament are entitled to immunity equal to the immunity of Members of the Hungarian Parliament; whereas, under Section 74(1) of Act XXXVI of 2012 on the National Assembly, a criminal procedure can only be instituted or conducted and a coercive measure under criminal procedure applied against a Member with the prior consent of the National Assembly; whereas according to Section 74(3) of the same Act, the request for waiver of immunity is to be made by the Prosecutor- General in order to launch the investigation;

               D.

               whereas in Case Bf.I.2782/2002, the Hungarian Supreme Court declared that parliamentary immunity is limited to the criminal procedure and does not extend to measures not regulated by the Code of Criminal Procedure aiming at the prevention, detection or demonstration of a crime;

               E.

               whereas, according to Section 261/A of Act C of 2012 on the Hungarian Criminal Code, the criminal offence for which investigations can be carried out against Béla Kovács is punishable as of 1 January 2014;

               F.

               whereas, accordingly, the investigation and any subsequent indictment for which the waiver of immunity is sought are limited to events having occurred after 1 January 2014;

               G.

               whereas, according to the case-law of the Hungarian Supreme Court, the gathering of evidence pursuant to Act CXXV of 1995 on National Security Services prior to that date was lawful and did not require a waiver of immunity;

               H.

               whereas the criminal investigation will be carried out by the Central Chief Prosecution Office of Investigation; whereas under Article 29(1) of the Fundamental Law of Hungary, the Prosecutor-General and the Prosecution Service are independent, carry out their constitutional tasks independently from external organisations, and proceed in compliance with the presumption of innocence;

               I.

               whereas the waiver of the immunity of Béla Kovács should be subject to the conditions indicated in Rule 9(6) of the Rules of Procedure;

               J.

               whereas, in this case, Parliament has found no evidence of fumus persecutionis, that is to say, a sufficiently serious and precise suspicion that the request for waiver of immunity was made in connection with proceedings brought with the intention of causing political damage to the Member concerned;

               1.

               Decides to waive the immunity of Béla Kovács;

               2.

               Instructs its President to forward this decision and the report of its committee responsible immediately to the competent authority of Hungary and to Béla Kovács.

      (1)  Judgment of the Court of Justice of 12 May 1964, Wagner v Fohrmann and Krier, 101/63, ECLI:EU:C:1964:28; judgment of the Court of Justice of 10 July 1986, Wybot v Faure and others, 149/85, ECLI:EU:C:1986:310; judgment of the General Court of 15 October 2008, Mote v Parliament, T-345/05, ECLI:EU:T:2008:440; judgment of the Court of Justice of 21 October 2008, Marra v De Gregorio and Clemente, C-200/07 and C-201/07, ECLI:EU:C:2008:579; judgment of the General Court of 19 March 2010, Gollnisch v Parliament, T-42/06, ECLI:EU:T:2010:102; judgment of the Court of Justice of 6 September 2011, Patriciello, C-163/10, ECLI: EU:C:2011:543; judgment of the General Court of 17 January 2013, Gollnisch v Parliament, T-346/11 and T-347/11, ECLI:EU:T:2013:23.


Avis juridique important

|

31960D1119(01)

Council Decision setting up a Technical Assistance Group  /* Unofficial translation */

Official Journal 073 , 19/11/1960 P. 1429 - 1430 Danish special edition: Series II Volume VII P. 0008  English special edition: Series II Volume VII P. 0008  Finnish special edition: Chapter 11 Volume 1 P. 0009  Swedish special edition: Chapter 11 Volume 1 P. 0009

COUNCIL DECISION  setting up a Technical Assistance Group  THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,  Whereas in certain sectors available resources do not correspond to the need for technical assistance, and whereas it is therefore necessary to avoid duplication in the provision of technical assistance and to use available financial and human resources efficiently;  Whereas it is necessary to make more technical assistance available to developing countries and to seek the best means of achieving this;  Whereas it is useful to compare relevant experience, the various methods used, and the organizational problems which arise, with due regard for the activities of other regional or international organizations with responsibilities for technical assistance;  Whereas efforts in the field of technical assistance, both at international and at national level, should be made more productive without, however, substituting such efforts for the activities of the national agencies of the Member States;  Whereas it would therefore be very useful to coordinate the activities of Member States in the field of technical assistance, thus making it possible to obtain the maximum return from material and human resources devoted to technical assistance.  HAS DECIDED AS FOLLOWS:       1. A Technical Assistance Group is hereby set up to encourage active cooperation between the Member States and the Commission and to seek joint solutions to the particular problems of technical assistance to developing countries.       2. The principal functions of the Group shall be:      (a) to exchange information on the activities of the Member States and of the Commission in the field of technical assistance;           (b) to compare the resources available in the donor countries and the needs of developing countries;           (c) to study requests for technical assistance made by developing countries with a view, in particular, to seeking the best means of satisfying them;           (d) to compare and, where appropriate, to make suggestions for the harmonization of methods and techniques used by national agencies in the field of technical assistance;           (e) to consider, at a later date, initiating joint action in the field of technical assistance and to make suggestions relating thereto;           (f) in general, to study any problems, within the terms of reference of the Group, raised by any member and in particular to promote cooperation between Member States in international organizations and to make any useful proposals in this connection.                  3. The Group shall consist of delegates from each Member State and from the Commission who have specific responsibilities in the field of technical assistance. Each delegate may arrange to be replaced by an alternate, who shall be appointed on the same basis. Delegates may be assisted by experts in discussions on special problems.  Secretarial services shall be provided for the Group by the Secretariat of the Councils.       4. The High Authority of the ECSC and the Commission of Euratom may be represented at meetings of the Group.       5. The Group may invite and hear the views of any expert whom it considers it useful to consult during its work.       6. The Group shall, at regular intervals, report to the competent authorities.          Done at Brussels, 19 October 1960.  For the Council  The President  J.M.A.H. LUNS


title: Council Decision (EU) 2016/1707 of 20 September 2016 amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of Eesti Pank

text:
               23.9.2016

               EN

               Official Journal of the European Union

               L 257/13

         COUNCIL DECISION (EU) 2016/1707
   of 20 September 2016
   amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of Eesti Pank
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Protocol No 4 on the Statute of the European System of Central Banks and of the European Central Bank, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, and in particular Article 27.1 thereof,
   Having regard to the Recommendation of the European Central Bank of 14 July 2016 to the Council of the European Union on the external auditors of Eesti Pank (ECB/2016/20) (1),
   Whereas:

               (1)

               The accounts of the European Central Bank (ECB) and of the national central banks of the Member States whose currency is the euro are to be audited by independent external auditors recommended by the Governing Council of the ECB and approved by the Council.

               (2)

               The mandate of the external auditors of Eesti Pank expired after the audit for the financial year 2015. It is therefore necessary to appoint external auditors as from the financial year 2016.

               (3)

               Eesti Pank has selected KPMG Baltics OÜ as its external auditors for the financial years 2016 to 2020.

               (4)

               The Governing Council of the ECB has recommended that KPMG Baltics OÜ should be appointed as the external auditors of Eesti Pank for the financial years 2016 to 2020.

               (5)

               Following the recommendation of the Governing Council of the ECB, Council Decision 1999/70/EC (2) should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   In Article 1 of Decision 1999/70/EC, paragraph 17 is replaced by the following:

      ‘17.   KPMG Baltics OÜ are hereby approved as the external auditors of Eesti Pank for the financial years 2016 to 2020.’.

   Article 2
   This Decision shall take effect on the date of its notification.
   Article 3
   This Decision is addressed to the ECB.

      Done at Brussels, 20 September 2016.

            For the Council

            The President

         I. KORČOK

      (1)  OJ C 266, 22.7.2016, p. 1.

      (2)  Council Decision 1999/70/EC of 25 January 1999 concerning the external auditors of the national central banks (OJ L 22, 29.1.1999, p. 69).


title: 69/205/Euratom: Council Decision of 30 June 1969 adopting a research programme for the continuation of the 'Dragon' Project

text:
  314                                Official Journal of the European Communities
   10.7.69                           Official Journal of the European Communities                               No L 169/ 1
                                                 COUNCIL DECISION
                                                     of 30 June 1969
                      adopting a research programme for the continuation of the 'Dragon' Project
                             ■ • ,            ■     (69/205/Euratom)
  THE COUNCIL OF THE EUROPEAN COMMUNITIES,                      HAS ADOPTED THIS DECISION :
                                                                                Article 1
   Having regard to the Treaty establishing the
  European Atomic Energy . Community, and in                    For the period from 1 April 1970 to 31 March 1973 ,
  particular Article 7 thereof;                                 a research programme which shall include the
                                                                continued participation of the Community in the
                                                                work covered by the 'Agreement for the Further
                                                                Extension of the Revised Agreement concerning the
 Having regard to the Treaty establishing a Single              High-temperature Gas-cooled Reactor Project
   Council and a Single Commission of the European              (Dragon )' shall be adopted.        •'
   Communities : :
                                                                                •   : Article 2.
                                                                The financial       obligations    in    respect  of that
  Having regard to the proposal from the Commission,            programme shall not exceed 6*9 million units of
- which    consulted    the  Scientific  and    Technical       account .
   Committee;
                                                                Done at Luxembourg-, 30 June 1969 .
                                                                                " . '         For the Council
  "Whereas the Community is interested in continued                                    •      -         The President
  participation in the 'Dragon' - Project and whereas a
  decision in this connection is a matter of urgency ; ■                                                  M. ' MART


Avis juridique important

|

32000D0459

2000/459/EC, ECSC, Euratom: Decision of the European Parliament, the Council, the Commission, the Court of Justice, the Court of Auditors, the Economic and Social Committee and the Committee of the Regions of 20 July 2000 on the organisation and operation of the Office for Official Publications of the European Communities

Official Journal L 183 , 22/07/2000 P. 0012 - 0015

Decision of the European Parliament, the Council, the Commission, the Court of Justice, the Court of Auditors, the Economic and Social Committee and the Committee of the Regionsof 20 July 2000on the organisation and operation of the Office for Official Publications of the European Communities(2000/459/EC, ECSC, Euratom)THE EUROPEAN PARLIAMENT,THE COUNCIL OF THE EUROPEAN UNION,THE COMMISSION,THE COURT OF JUSTICE,THE COURT OF AUDITORS,THE ECONOMIC AND SOCIAL COMMITTEE,THE COMMITTEE OF THE REGIONS,Having regard to the Treaty on European Union,Having regard to the Treaty establishing the European Community,Having regard to the Treaty establishing the European Coal and Steel Community,Having regard to the Treaty establishing the European Atomic Energy Community,Whereas:(1) Article 8 of the Decision of the representatives of the Governments of the Member States of 8 April 1965 on the provisional location of certain institutions and departments of the Communities(1) provided for an Office for Official Publications of the European Communities (hereinafter "the Office") to be located in Luxembourg. That provision was implemented by Decision 69/13/Euratom, ECSC, EEC(2), as amended by Decision 80/443/EEC, Euratom, ECSC(3).(2) The Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities(4), at last amended by Council Regulation (EC, ECSC, Euratom) No 2779/98(5), lays down specific provisions regarding the functioning of the Office.(3) The rules governing the Office need to be adapted to take account of change practices in terms of the powers conferred on the appointing authority.(4) There have been major technological advances in publishing, which need to be taken into account in the way the Office operates.(5) Decision 69/13/Euratom, ECSC, EEC has been amended substantially. With fresh amendments being made, the Decision should be recast for the sake of clarity,HAVE DECIDED:Article 1The task of the "Office for Official Publications of the European Communities" (the Office) shall be to publish the publications of the institutions of the European Communities and their departments under optimum technical and financial conditions, operating under the responsibility of those institutions.Article 2For the purposes of this Decision, the following definitions apply:1. "publish": to produce and distribute publications in any shape or form and by any means, present or future;2. "institutions": the European Parliament, the Council, the Commission, the Court of Justice, the Court of Auditors, the Economic and Social Committee and the Committee of the Regions;3. "bodies, offices and agencies": the bodies, offices and agencies established by or under the Treaties.Article 31. The Office shall perform the following tasks or have them performed by contractors:(a) publishing the Official Journal of the European Communities (Official Journal);(b) publishing other publications for the institutions of the European Communities or of their departments, without prejudice to paragraphs 2 and 3;(c) publishing publications for bodies, offices and agencies at their request.2. Internal documents may be produced and distributed by each institution.3. The institutions, bodies, offices and agencies may, in exceptional circumstances, publish publications otherwise than through the Office if its involvement would appreciably increase costs or where, for technical reasons, it is unable to meet the urgent requirements involved in producing and distributing a publication to a very short deadline. In this case they shall inform the Management Committee without delay.4. Performance of the Office's tasks shall include the following:(a) collation of documents for publication;(b) preparing and checking texts and other elements, as instructed by the institutions, bodies, offices and agencies;(c) concluding contracts with contractors;(d) printing urgent documents or small print runs;(e) supervising work being carried out;(f) quality control;(g) financial monitoring of contracts with contractors;(h) acceptance as regards quality and quantity;(i) accounting control, including attesting authorisation for payment and issuing certificates in accordance with the Financial Regulation;(j) cataloguing and archiving publications;(k) sales management;(l) distributing publications.The Office shall also provide the institutions, bodies, offices and agencies with all the appropriate technical, financial and commercial information for their publication projects and shall assist them in drawing up standard-form general contracts.5. Decisions to publish shall rest solely with each institution, body, office or agency.Article 41. A Management Committee for the Office shall be set up. Each institution shall have one vote on the Committee.2. The Management Committee shall meet at the initiative of its chairman or at the request of an institution. It shall meet at least every six months.3. The Management Committee's decisions shall be taken by simple majority, except where otherwise stated. Without prejudice to Article 3(5), when the Management Committee is required to take a decision relating specifically to the publication of a text from one of the institutions, that majority shall include the vote of the institution concerned.Article 51. In the common interest of the institutions, bodies, offices and agencies, the Management Committee shall:(a) lay down the rules governing the running of the Office by unanimous decision;(b) lay down policy guidelines for general sales and free distribution by unanimous decision;(c) submit to the institutions, bodies, offices and agencies any suggestions it has for improving the smooth running of the Office;(d) under the budget procedure, draw up estimates of the Office's revenue and expenditure based on a draft prepared by the Director of the Office, and send them to the Commission for the purpose of establishing the Commission's estimates of revenue and expenditure; at the same time, it shall propose to the Commission any adjustments to the Office's establishment plan which it deems necessary;(e) define the types of additional services which the Office may perform against payment for the institutions, bodies, offices and agencies, and the corresponding charges;(f) define the types of services for which the Office may employ subcontractors;(g) draw up an annual management report based on a draft prepared by the Director, covering in particular all revenue and expenditure headings relating to work performed and services supplied by the Office in the light of the analytical accounts; by 1 May of each year it shall send its report on the financial year just ended to the institutions;(h) participate in the appointment of certain officials, as provided for in Article 6.2. As regards the Official Journal, the management Committee's powers shall include the following:(a) to ensure that the competent authorities in each institution take the basic decisions that are to be applied jointly by the institutions using the Official Journal and to ensure that the decisions adopted are duly implemented;(b) to put forward any proposals it has for improving the structure and presentation of the Official Journal;(c) to put forward proposals to the institutions for harmonising the presentation of texts for publication;(d) to examine any difficulties encountered in the course of day-to-day operations in publishing the Official Journal and to issue the necessary instructions to the Office and put forward appropriate recommendations to the institutions in order to overcome them;(e) to decide unanimously whether, and in what circumstances, publications originating outside the institutions can be accommodated in the Official Journal. This provision shall not, however, apply to publications made pursuant to Community legislation;(f) in accordance with Article 133 of the Financial Regulation, to request the Commission to open a bank account in order to handle working funds to finance essential operations for publication of the Official Journal that have been subcontracted.3. The Management Committee shall adopt its Rules of Procedure by unanimous decision, after having submitted them to the institutions. It shall appoint a chairman from among its members.Article 61. The powers of the appointing authority in respect of officials or other servants in grades A 1, A 2, A 3 and LA 3 shall be exercised by the Commission as described below.The Commission shall not appoint officials in grades A 1, A 2, A 3 and LA 3 unless the Management Committee has given a favourable opinion. In the case of grades A 1 and A 2 the opinion must be unanimous.The Management Committee shall be closely involved in any procedures that have to be completed before the appointment of officials or other servants in grades A 1, A 2, A 3 and LA 3, especially in drafting the vacancy notice, examining applications and appointing selection boards for competitions.2. The powers of the appointing authority in respect of officials or servants other than those referred to in paragraph 1 shall be exercised by the Commission. The Commission may delegate these powers to the Director of the Office.The Commission, or the Director of the Office if the powers of the appointing authority have been delegated to him, shall inform the Management Committee of all appointments, contracts signed, promotions or disciplinary proceedings initiated in respect of officials or servants other than those referred to in paragraph 1. If the Commission has not delegated the powers of the appointing authority to the Director of the Office in respect of these officials or servants, the acts in question shall be adopted by the Commission on proposals from the Director.3. The administrative procedures connected with the official acts mentioned in paragraphs 1 and 2, and the day-to-day management of personnel, in particular with regard to retirement, sickness insurance, accidents at work, salaries and leave, shall be carried out in the same manner as for Commission staff serving in Luxembourg.4. Notices of vacancies at the Office shall be made known to officials in all the Community institutions in good time.Article 71. The appropriations allocated to the Office, the total amount of which shall be shown under a separate heading within the section of the budget relating to the Commission, shall be set out in detail in an annex to that section.This annex shall be in the form of a statement of revenue and expenditure subdivided in the same way as the sections of the budget.2. Posts at the Office shall be listed in an annex to the table showing the Commission's staff.3. Each institution, body, office or agency shall act as authorising officer for appropriations under the heading "publishing expenditure" in its budget. The costs of free distribution of publications shall be borne by the institution, body, office or agency concerned. The Management Committee shall establish procedures for cooperation on accounting between the Office and the institutions, bodies, offices and agencies.4. Services rendered by the Office against payment shall be invoiced as laid down by the Management Committee. At the end of the financial year, the Management Committee shall inform the budget authority of the breakdown of amounts obtained in this way within the annex to the budget heading.5. The Office shall keep separate accounts for the sale of the Official Journal and publications. Net receipts from sales shall be passed on to the institutions, bodies, offices and agencies after the financial year has ended."Net receipts from sales" means: the total sum of invoices, minus management, recovery and costs.Article 8The Director of the Office shall be responsible for the smooth running of the Office, acting under the authority of the Management Committee within the limit of its powers. He shall provide secretarial services for the Management Committee, report to the Committee on the performance of his duties and submit to it any proposal he has for improving the running of the Office. He shall have official authority over the Office's staff. Should the Director be absent or unavailable, his duties shall, by way of exception to the rules on replacements, be performed by a member of the Office designated by the Management Committee.Article 9Decision 69/13/Euratom, ECSC, EEC is hereby repealed.References to the repealed Decision shall be understood as referring to this Decision.Done in Brussels and Luxembourg, 20 July 2000.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentF. ParlyFor the CommissionThe PresidentR. ProdiFor the Court of JusticeThe PresidentG. C. Rodríguez IglesiasFor the Court of AuditorsThe PresidentJ.O. KarlssonFor the Economic and Social CommitteeThe PresidentB. Rangoni MachiavelliFor the Committee of the RegionsThe PresidentJ. Chabert(1) OJ 152, 13.7.1967, p. 18.(2) OJ L 13, 18.1.1969, p. 19.(3) OJ L 107, 25.4.1980, p. 44.(4) OJ L 356, 31.12.1977, p. 1.(5) OJ L 347, 23.12.1998, p. 3.


title: Council Decision 2011/473/CFSP of 25 July 2011 amending Decision 2010/279/CFSP on the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN)

text:
               27.7.2011

               EN

               Official Journal of the European Union

               L 195/72

         COUNCIL DECISION 2011/473/CFSP
   of 25 July 2011
   amending Decision 2010/279/CFSP on the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union and, in particular Article 28 and Article 43(2) thereof,
   Whereas:

               (1)

               On 30 May 2007 the Council adopted Joint Action 2007/369/CFSP (1) establishing the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN).

               (2)

               On 18 May 2010 the Council adopted Decision 2010/279/CFSP (2) that extended EUPOL AFGHANISTAN until 31 May 2013. Pursuant to Decision 2011/298/CSFP amending Decision 2010/279/CSFP (3), the financial reference amount of EUR 54 600 000 covers the period until 31 July 2011.

               (3)

               Article 13(2) of Decision 2010/279/CFSP provides that the financial reference amount for the subsequent periods shall be decided by the Council.

               (4)

               Decision 2010/279/CFSP should therefore be amended to include a financial reference amount for the period from 1 August 2011 to 31 July 2012,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following subparagraph is hereby added to Article 13(1) of Decision 2010/279/CFSP:

      ‘The financial reference amount intended to cover the expenditure related to EUPOL AFGHANISTAN for the period from 1 August 2011 to 31 July 2012 shall be EUR 60 500 000.’.

   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 25 July 2011.

            For the Council

            The President

         M. DOWGIELEWICZ

      (1)  OJ L 139, 31.5.2007, p. 33.

      (2)  OJ L 123, 19.5.2010, p. 4.

      (3)  OJ L 136, 24.5.2011, p. 64.