title: Decision (EU) 2015/1196 of the European Central Bank of 2 July 2015 amending Decision ECB/2010/21 on the annual accounts of the European Central Bank (ECB/2015/26)

text:
               21.7.2015

               EN

               Official Journal of the European Union

               L 193/134

         DECISION (EU) 2015/1196 OF THE EUROPEAN CENTRAL BANK
   of 2 July 2015
   amending Decision ECB/2010/21 on the annual accounts of the European Central Bank (ECB/2015/26)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 26.2 thereof,
   Whereas:

               (1)

               Decision ECB/2010/21 (1) lays down the rules for drawing up the annual accounts of the European Central Bank.

               (2)

               There is a need to clarify the financial reporting of securities issued by supranational or international organisations purchased as part of the secondary markets public sector asset purchase programme established by Decision (EU) 2015/774 of the European Central Bank (ECB/2015/10) (2) with a view to ensure the reporting of these holdings under asset item 7.1.

               (3)

               Some further technical changes to Annex I to Decision ECB/2010/21 are also required.

               (4)

               Therefore, Decision ECB/2010/21 should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Amendment
   Annex I to Decision ECB/2010/21 is replaced by the Annex to this Decision.
   Article 2
   Entry into force
   This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      Done at Frankfurt am Main, 2 July 2015.

            The President of the ECB

         Mario DRAGHI

      (1)  Decision ECB/2010/21 of 11 November 2010 on the annual accounts of the European Central Bank (OJ L 35, 9.2.2011, p. 1).

      (2)  Decision (EU) 2015/774 of the European Central Bank of 4 March 2015 on a secondary markets public sector asset purchase programme (ECB/2015/10) (OJ L 121, 14.5.2015, p. 20).

      ANNEX

            ‘ANNEX I

               COMPOSITION AND VALUATION RULES FOR THE BALANCE SHEET

            ASSETS

                        Balance sheet item

                        Categorisation of contents of balance sheet items

                        Valuation principle

                        1

                           Gold and gold receivables

                        Physical gold, i.e. bars, coins, plates, nuggets, in storage or “under way”. Non-physical gold, such as balances in gold sight accounts (unallocated accounts), term deposits and claims to receive gold arising from the following transactions: (a) upgrading or downgrading transactions; and (b) gold location or purity swaps where there is a difference of more than 1 business day between release and receipt

                        Market value

                        2

                           Claims on non-euro area residents denominated in foreign currency

                        Claims on counterparties resident outside the euro area including international and supranational institutions and central banks outside the euro area denominated in foreign currency

                        2.1

                           Receivables from the International Monetary Fund (IMF)

                                    (a)

                                       Drawing rights within the reserve tranche (net)

                                    National quota minus balances in euro at the disposal of the IMF. The No 2 account of the IMF (euro account for administrative expenses) may be included in this item or under the item “Liabilities to non-euro area residents denominated in euro”

                                    (a)

                                       Drawing rights within the reserve tranche (net)

                                    Nominal value, translation at the foreign exchange market rate

                                    (b)

                                       SDRs

                                    Holdings of SDRs (gross)

                                    (b)

                                       SDRs

                                    Nominal value, translation at the foreign exchange market rate

                                    (c)

                                       Other claims

                                    General arrangements to borrow, loans under special borrowing arrangements, deposits made to trusts under the management of the IMF

                                    (c)

                                       Other claims

                                    Nominal value, translation at the foreign exchange market rate

                        2.2

                           Balances with banks and security investments, external loans and other external assets

                                    (a)

                                       Balances with banks outside the euro area other than those under asset item 11.3 “Other financial assets”

                                    Current accounts, fixed-term deposits, day-to-day money, reverse repo transactions

                                    (a)

                                       Balances with banks outside the euro area

                                    Nominal value, translation at the foreign exchange market rate

                                    (b)

                                       Security investments outside the euro area other than those under asset item 11.3 “Other financial assets”

                                    Notes and bonds, bills, zero bonds, money market paper, equity instruments held as part of the foreign reserves, all issued by non-euro area residents

                                    (b)

                                                (i)

                                                   Marketable securities other than held-to-maturity

                                                Market price and foreign exchange market rate
                                                Any premiums or discounts are amortised

                                                (ii)

                                                   Marketable securities classified as held-to-maturity

                                                Cost subject to impairment and foreign exchange market rate
                                                Any premiums or discounts are amortised

                                                (iii)

                                                   Non-marketable securities

                                                Cost subject to impairment and foreign exchange market rate
                                                Any premiums or discounts are amortised

                                                (iv)

                                                   Marketable equity instruments

                                                Market price and foreign exchange market rate

                                    (c)

                                       External loans (deposits) to non-euro area residents other than those under asset item 11.3 “Other financial assets”

                                    (c)

                                       External loans

                                    Deposits at nominal value, translated at the foreign exchange market rate

                                    (d)

                                       Other external assets

                                    Non-euro area banknotes and coins

                                    (d)

                                       Other external assets

                                    Nominal value, translation at the foreign exchange market rate

                        3

                           Claims on euro area residents denominated in foreign currency

                                    (a)

                                       Security investments inside the euro area other than those under asset item 11.3 “Other financial assets”

                                    Notes and bonds, bills, zero bonds, money market paper, equity instruments held as part of the foreign reserves, all issued by euro area residents

                                    (a)

                                                (i)

                                                   Marketable securities other than held-to-maturity

                                                Market price and foreign exchange market rate
                                                Any premiums or discounts are amortised

                                                (ii)

                                                   Marketable securities classified as held-to-maturity

                                                Cost subject to impairment and foreign exchange market rate
                                                Any premiums or discounts are amortised

                                                (iii)

                                                   Non-marketable securities

                                                Cost subject to impairment and foreign exchange market rate
                                                Any premiums or discounts are amortised

                                                (iv)

                                                   Marketable equity instruments

                                                Market price and foreign exchange market rate

                                    (b)

                                       Other claims on euro area residents other than those under asset item 11.3 “Other financial assets”

                                    Loans, deposits, reverse repo transactions, sundry lending

                                    (b)

                                       Other claims

                                    Deposits and other lending at nominal value, translated at the foreign exchange market rate

                        4

                           Claims on non-euro area residents denominated in euro

                        4.1

                           Balances with banks, security investments and loans

                                    (a)

                                       Balances with banks outside the euro area other than those under asset item 11.3 “Other financial assets”

                                    Current accounts, fixed-term deposits, day-to-day money, reverse repo transactions in connection with the management of securities denominated in euro

                                    (a)

                                       Balances with banks outside the euro area

                                    Nominal value

                                    (b)

                                       Security investments outside the euro area other than those under asset item 11.3 “Other financial assets”

                                    Equity instruments, notes and bonds, bills, zero bonds, money market paper, all issued by non-euro area residents

                                    (b)

                                                (i)

                                                   Marketable securities other than held-to-maturity

                                                Market price
                                                Any premiums or discounts are amortised

                                                (ii)

                                                   Marketable securities classified as held-to-maturity

                                                Cost subject to impairment
                                                Any premiums or discounts are amortised

                                                (iii)

                                                   Non-marketable securities

                                                Cost subject to impairment
                                                Any premiums or discounts are amortised

                                                (iv)

                                                   Marketable equity instruments

                                                Market price

                                    (c)

                                       Loans to non-euro area residents other than those under asset item 11.3 “Other financial assets”

                                    (c)

                                       Loans outside the euro area

                                    Deposits at nominal value

                                    (d)

                                       Securities issued by entities outside the euro area other than those under asset item 11.3 “Other financial assets” and asset item 7.1 “Securities held for monetary policy purposes”

                                    Securities issued by supranational or international organisations, e.g. the European Investment Bank, irrespective of their geographical location, and not purchased for monetary policy purposes

                                    (d)

                                                (i)

                                                   Marketable securities other than held-to-maturity

                                                Market price
                                                Any premiums or discounts are amortised

                                                (ii)

                                                   Marketable securities classified as held-to-maturity

                                                Cost subject to impairment
                                                Any premiums or discounts are amortised

                                                (iii)

                                                   Non-marketable securities

                                                Cost subject to impairment
                                                Any premiums or discounts are amortised

                        4.2

                           Claims arising from the credit facility under ERM II

                        Lending in accordance with the ERM II conditions

                        Nominal value

                        5

                           Lending to euro area credit institutions related to monetary policy operations denominated in euro

                        Items 5.1 to 5.5: transactions in accordance with the respective monetary policy instruments described in Guideline (EU) 2015/510 of the European Central Bank (ECB/2014/60) (1)

                        5.1

                           Main refinancing operations

                        Regular liquidity-providing reverse transactions with a weekly frequency and normally a maturity of 1 week

                        Nominal value or repo cost

                        5.2

                           Longer-term refinancing operations

                        Regular liquidity-providing reverse transactions with a monthly frequency and normally a maturity of 3 months

                        Nominal value or repo cost

                        5.3

                           Fine-tuning reverse operations

                        Reverse transactions, executed as ad hoc transactions for fine-tuning purposes

                        Nominal value or repo cost

                        5.4

                           Structural reverse operations

                        Reverse transactions adjusting the structural position of the Eurosystem vis-à-vis the financial sector

                        Nominal value or repo cost

                        5.5

                           Marginal lending facility

                        Overnight liquidity facility at a pre-specified interest rate against eligible assets (standing facility)

                        Nominal value or repo cost

                        5.6

                           Credits related to margin calls

                        Additional credit to credit institutions, arising from value increases of underlying assets regarding other credit to these credit institutions

                        Nominal value or cost

                        6

                           Other claims on euro area credit institutions denominated in euro

                        Current accounts, fixed-term deposits, day-to-day money, reverse repo transactions in connection with the management of security portfolios under the asset item 7 “Securities of euro area residents denominated in euro”, including transactions resulting from the transformation of former foreign currency reserves of the euro area, and other claims. Correspondent accounts with non-domestic euro area credit institutions. Other claims and operations unrelated to monetary policy operations of the Eurosystem

                        Nominal value or cost

                        7

                           Securities of euro area residents denominated in euro

                        7.1

                           Securities held for monetary policy purposes

                        Securities held for monetary policy purposes (including securities purchased for monetary policy purposes issued by supranational or international organisations, or multilateral development banks, irrespective of their geographical location). ECB debt certificates purchased for fine-tuning purposes

                                    (a)

                                          Marketable securities

                                    Accounted for depending on monetary policy considerations:

                                                (i)

                                                   Market price

                                                Any premiums or discounts are amortised

                                                (ii)

                                                   Cost subject to impairment (cost when the impairment is covered by a provision under liability item 13(b) “Provisions”)

                                                Any premiums or discounts are amortised

                                    (b)

                                          Non-marketable securities

                                    Cost subject to impairment
                                    Any premiums or discounts are amortised

                        7.2

                           Other securities

                        Securities other than those under asset item 7.1 “Securities held for monetary policy purposes” and under asset item 11.3 “Other financial assets”: notes and bonds, bills, zero bonds, money market paper held outright, including government securities stemming from before EMU, denominated in euro. Equity instruments

                                    (a)

                                          Marketable securities other than held-to-maturity

                                    Market price
                                    Any premiums or discounts are amortised

                                    (b)

                                          Marketable securities classified as held-to-maturity

                                    Cost subject to impairment
                                    Any premiums or discounts are amortised

                                    (c)

                                          Non-marketable securities

                                    Cost subject to impairment
                                    Any premiums or discounts are amortised

                                    (d)

                                          Marketable equity instruments

                                    Market price

                        8

                           General government debt denominated in euro

                        Claims on government stemming from before EMU (non-marketable securities, loans)

                        Deposits/loans at nominal value, non-marketable securities at cost

                        9

                           Intra-Eurosystem claims

                        9.1

                           Claims related to the issuance of ECB debt certificates

                        Intra-Eurosystem claims vis-à-vis NCBs, arising from the issuance of ECB debt certificates

                        Cost

                        9.2

                           Claims related to the allocation of euro banknotes within the Eurosystem

                        Claims related to the ECB's banknote issue, in accordance with Decision ECB/2010/29 (2)

                        Nominal value

                        9.3

                           Other claims within the Eurosystem (net)

                        Net position of the following sub-items:

                                    (a)

                                    net claims arising from balances of TARGET2 accounts and correspondent accounts of NCBs, i.e. the net figure of claims and liabilities. See also liability item 10.2 “Other liabilities within the Eurosystem (net)”

                                    (a)

                                    Nominal value

                                    (b)

                                    other intra-Eurosystem claims denominated in euro that may arise, including the interim distribution of ECB income to NCBs

                                    (b)

                                    Nominal value

                        10

                           Items in course of settlement

                        Settlement account balances (claims), including the float of cheques in collection

                        Nominal value

                        11

                           Other assets

                        11.1

                           Coins of euro area

                        Euro coins

                        Nominal value

                        11.2

                           Tangible and intangible fixed assets

                        Land and buildings, furniture and equipment including computer equipment, software

                        Cost less depreciation

                        Depreciation is the systematic allocation of the depreciable amount of an asset over its useful life. The useful life is the period over which a fixed asset is expected to be available for use by the entity. Useful lives of individual material fixed assets may be reviewed on a systematic basis, if expectations differ from previous estimates. Major assets may comprise components with different useful lives. The lives of such components should be assessed individually
                        The cost of intangible assets includes the price for the acquisition of the intangible asset. Other direct or indirect costs are to be expensed
                        Capitalisation of expenditure: limit based (below EUR 10 000 excluding VAT: no capitalisation)

                        11.3

                           Other financial assets

                                    —

                                    Participating interests and investments in subsidiaries, equities held for strategic/policy reasons

                                    —

                                    Securities including equities, and other financial instruments and balances including fixed-term deposits and current accounts held as an earmarked portfolio

                                    —

                                    Reverse repo transactions with credit institutions in connection with the management of securities portfolios under this item

                                    (a)

                                          Marketable equity instruments

                                    Market price

                                    (b)

                                          Participating interests and illiquid equity shares, and any other equity instruments held as permanent investments

                                    Cost subject to impairment

                                    (c)

                                          Investment in subsidiaries or significant interests

                                    Net asset value

                                    (d)

                                          Marketable securities other than held to maturity

                                    Market price
                                    Premiums/discounts are amortised

                                    (e)

                                          Marketable securities classified as held-to-maturity or held as a permanent investment

                                    Cost subject to impairment
                                    Any premiums or discounts are amortised

                                    (f)

                                          Non-marketable securities

                                    Cost subject to impairment

                                    (g)

                                          Balances with banks and loans

                                    Nominal value, translated at the foreign exchange market rate if the balances/deposits are denominated in foreign currencies

                        11.4

                           Off-balance-sheet instruments revaluation differences

                        Valuation results of foreign exchange forwards, foreign exchange swaps, interest rate swaps (unless daily variation margin applies), forward rate agreements, forward transactions in securities, foreign exchange spot transactions from trade date to settlement date

                        Net position between forward and spot, at the foreign exchange market rate

                        11.5

                           Accruals and prepaid expenditure

                        Income not due in, but assignable to the reported period. Prepaid expenditure and accrued interest paid, i.e. accrued interest purchased with a security

                        Nominal value, foreign exchange translated at market rate

                        11.6

                           Sundry

                                    (a)

                                    Advances, loans and other minor items. Loans on a trust basis

                                    (a)

                                    Nominal value or cost

                                    (b)

                                    Investments related to customer gold deposits

                                    (b)

                                    Market value

                                    (c)

                                    Net pension assets

                                    (c)

                                    As per Article 24(2)

                                    (d)

                                    Outstanding claims arising from the default of Eurosystem counterparties in the context of Eurosystem credit operations

                                    (d)

                                    Nominal/recoverable value (before/after settlement of losses)

                                    (e)

                                    Assets or claims (vis-à-vis third parties) appropriated and/or acquired in the context of the realisation of collateral submitted by Eurosystem counterparties in default

                                    (e)

                                    Cost (converted at the foreign exchange market rate at the time of the acquisition if financial assets are denominated in foreign currencies)

                        12

                           Loss for the year

                        Nominal value

            LIABILITIES

                        Balance sheet item

                        Categorisation of contents of balance sheet items

                        Valuation principle

                        1

                           Banknotes in circulation

                        Euro banknotes issued by the ECB, in accordance with Decision ECB/2010/29

                        Nominal value

                        2

                           Liabilities to euro area credit institutions related to monetary policy operations denominated in euro

                        Items 2.1, 2.2, 2.3 and 2.5: deposits in euro as described in Guideline (EU) 2015/510 (ECB/2014/60)

                        2.1

                           Current accounts (covering the minimum reserve system)

                        Euro accounts of credit institutions that are included in the list of financial institutions subject to minimum reserves in accordance with the Statute of the ESCB. This item contains primarily accounts used in order to hold minimum reserves

                        Nominal value

                        2.2

                           Deposit facility

                        Overnight deposits at a pre-specified interest rate (standing facility)

                        Nominal value

                        2.3

                           Fixed-term deposits

                        Collection for liquidity absorption purposes owing to fine-tuning operations

                        Nominal value

                        2.4

                           Fine-tuning reverse operations

                        Monetary policy-related transactions with the aim of liquidity absorption

                        Nominal value or repo cost

                        2.5

                           Deposits related to margin calls

                        Deposits of credit institutions, arising from value decreases of underlying assets regarding credits to these credit institutions

                        Nominal value

                        3

                           Other liabilities to euro area credit institutions denominated in euro

                        Repo transactions in connection with simultaneous reverse repo transactions for the management of securities portfolios under asset item 7 “Securities of euro area residents denominated in euro”. Other operations unrelated to Eurosystem monetary policy operations. No current accounts of credit institutions

                        Nominal value or repo cost

                        4

                           ECB debt certificates issued

                        Debt certificates as described in Guideline (EU) 2015/510 (ECB/2014/60). Discount paper, issued with the aim of liquidity absorption

                        Cost
                        Any discounts are amortised

                        5

                           Liabilities to other euro area residents denominated in euro

                        5.1

                           General government

                        Current accounts, fixed-term deposits, deposits repayable on demand

                        Nominal value

                        5.2

                           Other liabilities

                        Current accounts of staff, companies and clients including financial institutions listed as exempt from the obligation to hold minimum reserves (See liability item 2.1); fixed-term deposits, deposits repayable on demand

                        Nominal value

                        6

                           Liabilities to non-euro area residents denominated in euro

                        Current accounts, fixed-term deposits, deposits repayable on demand including accounts held for payment purposes and accounts held for reserve management purposes: of other banks, central banks, international/supranational institutions including the European Commission; current accounts of other depositors. Repo transactions in connection with simultaneous reverse repo transactions for the management of securities denominated in euro. Balances of TARGET2 accounts of central banks of Member States whose currency is not the euro

                        Nominal value or repo cost

                        7

                           Liabilities to euro area residents denominated in foreign currency

                        Current accounts. Liabilities under repo transactions; usually investment transactions using foreign currency assets or gold

                        Nominal value, translation at year-end foreign exchange market rate

                        8

                           Liabilities to non-euro area residents denominated in foreign currency

                        8.1

                           Deposits, balances and other liabilities

                        Current accounts. Liabilities under repo transactions; usually investment transactions using foreign currency assets or gold

                        Nominal value, translation at the year-end foreign exchange market rate

                        8.2

                           Liabilities arising from the credit facility under ERM II

                        Borrowing in accordance with the ERM II conditions

                        Nominal value, translation at the year-end foreign exchange market rate

                        9

                           Counterpart of special drawing rights allocated by the IMF

                        SDR-denominated item which shows the amount of SDRs that were originally allocated to the respective country/NCB

                        Nominal value, translation at the year-end foreign exchange market rate

                        10

                           Intra-Eurosystem liabilities

                        10.1

                           Liabilities equivalent to the transfer of foreign reserves

                        ECB balance sheet item, denominated in euro

                        Nominal value

                        10.2

                           Other liabilities within the Eurosystem (net)

                        Net position of the following sub-items:

                                    (a)

                                    net liabilities arising from balances of TARGET2 accounts and correspondent accounts of NCBs, i.e. the net figure of claims and liabilities. See also asset item 9.3 “Other claims within the Eurosystem (net)”

                                    (a)

                                    Nominal value

                                    (b)

                                    other intra-Eurosystem liabilities denominated in euro that may arise, including the interim distribution of ECB income to NCBs

                                    (b)

                                    Nominal value

                        11

                           Items in course of settlement

                        Settlement account balances (liabilities), including the float of giro transfers

                        Nominal value

                        12

                           Other liabilities

                        12.1

                           Off-balance-sheet instruments revaluation differences

                        Valuation results of foreign exchange forwards, foreign exchange swaps, interest rate swaps (unless daily variation margin applies), forward rate agreements, forward transactions in securities, foreign exchange spot transactions from trade date to settlement date

                        Net position between forward and spot, at the foreign exchange market rate

                        12.2

                           Accruals and income collected in advance

                        Expenditure falling due in a future period but relating to the reporting period. Income received in the reported period but relating to a future period

                        Nominal value, foreign exchange translated at market rate

                        12.3

                           Sundry

                                    (a)

                                    Taxation suspense accounts. Foreign currency credit or guarantee cover accounts. Repo transactions with credit institutions in connection with simultaneous reverse repo transactions for the management of securities portfolios under asset item 11.3 “Other financial assets”. Compulsory deposits other than reserve deposits. Other minor items. Liabilities on a trust basis.

                                    (a)

                                    Nominal value or (repo) cost

                                    (b)

                                    Customer gold deposits.

                                    (b)

                                    Market value

                                    (c)

                                    Net pension liabilities

                                    (c)

                                    As per Article 24(2)

                        13

                           Provisions

                                    (a)

                                    For foreign exchange rate, interest rate, credit and gold price risks, and for other purposes, e.g. expected future expenses and contributions in accordance with Article 48.2 of the Statute of the ESCB with respect to central banks of Member States whose derogations have been abrogated

                                    (a)

                                    Cost/nominal value

                                    (b)

                                    For counterparty or credit risks arising from monetary policy operations

                                    (b)

                                    Nominal value (based on a valuation at year end by the Governing Council of the ECB)

                        14

                           Revaluation accounts

                                    (a)

                                    Revaluation accounts related to price movements for gold, for every type of euro-denominated securities, for every type of foreign currency-denominated securities, for options; market valuation differences related to interest rate risk derivatives; revaluation accounts related to foreign exchange rate movements for every currency net position held, including foreign exchange swaps/forwards and SDRs
                                    Special revaluation accounts stemming from contributions in accordance with Article 48.2 of the Statute of the ESCB with respect to central banks of Member States whose derogations have been abrogated. See Article 13(2)

                                    (a)

                                    Revaluation difference between average cost and market value, foreign exchange translated at market rate

                                    (b)

                                    Remeasurement results of the net defined benefit liability (asset) in respect of post-employment benefits, which are the net position of the following sub-items:

                                                (i)

                                                Actuarial gains and losses in the present value of the defined benefit obligation

                                                (ii)

                                                Return on plan assets, excluding amounts included in net interest on the net defined benefit liability (asset)

                                                (iii)

                                                Any change in the effect of the asset ceiling, excluding amounts included in net interest on the net defined benefit liability (asset)

                                    (b)

                                    As per Article 24(2)

                        15

                           Capital and reserves

                        15.1

                           Capital

                        Paid-up capital

                        Nominal value

                        15.2

                           Reserves

                        Legal reserves, in accordance with Article 33 of the Statute of the ESCB and contributions in accordance with Article 48.2 of the Statute of the ESCB with respect to central banks of Member States whose derogations have been abrogated

                        Nominal value

                        16

                           Profit for the year

                        Nominal value’

         (1)  Guideline (EU) 2015/510 of the European Central Bank of 19 December 2014 on the implementation of the Eurosystem monetary policy framework (ECB/2014/60) (OJ L 91, 2.4.2015, p. 3).

         (2)  Decision ECB/2010/29 of 13 December 2010 on the issue of euro banknotes (OJ L 35, 9.2.2011, p. 26).


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The Schengen acquis - Decision of the Executive Committee of 7 October 1997 on the development of the SIS (SCH/Com-ex (97) 24)

Official Journal L 239 , 22/09/2000 P. 0442 - 0443

DECISION OF THE EXECUTIVE COMMITTEEof 7 October 1997on the development of the SIS(SCH/Com-ex (97) 24)THE EXECUTIVE COMMITTEE,Having regard to Article 132 of the Convention implementing the Schengen Agreement,Having regard to Article 92(3) of the abovementioned Convention,Whereas the SIS Steering Committee has conducted an analysis (doc. SCH/OR.SIS (97) 146 rev. 2),HAS DECIDED AS FOLLOWS:Work carried out on SIS II will run concurrently with measures to renew the current C.SIS for 10 States. However, preparations will be made to run it for 15 States to enable the Nordic States to be integrated immediately after the SIS has been stabilised for 10 States on the new platform.The Nordic States should be integrated as quickly as possible during the year 2000.During implementation the following guidelines should be observed:1. The parallel development of SIS I and SIS II will in no way affect the development of SIS II as a strategic goal. Only the SIS II will be able to meet a certain number of essential operational demands.2. This objective should be achieved by a restricted tender procedure organised by France, as the contracting authority.3. The parallel development of SIS I and SIS II entails all the States deciding to provide the necessary resources in terms of funding and manpower.Vienna, 7 October 1997.The ChairmanK. SchlöglSubject: Development of the SISSCH/OR.SIS (97)146 Rev. 21. The note drafted by the PWP and the Steering Committee regarding the further development of the SIS (SCH/OR.SIS (97) 105 rev.) was presented at the meeting of the Central Group on 23 June 1997. No consensus as to how to proceed was reached at this meeting.2. At the meeting on 8 July 1997, the Steering Committee granted the PWP a mandate to analyse the preferred scenarios again from a technical point of view and to prepare an overview of the requirements and costs.3. Intensive work by the PWP over the summer months has resulted in note SCH/OR.SIS-SIS (97) 425 rev., attached as Annex, on the possibility for further technical development of the existing system, taking into account the participation of the Nordic States in the SIS (SCH/OR.SIS (97) 425 rev.)During this work, and particularly during discussions with the Consortium, it transpired that a decision on the further development of the SIS must be taken quickly. Unless the system is upgraded by exchanging the hardware and software, it will probably not be able to cope with the change of date for the millennium.According to official statements by the Consortium, no guarantee can be given that the problems in the current system can be solved. Moreover, the Consortium is of the opinion that the modifications would not be covered by the existing maintenance contracts.4. Technical factors make it impossible to integrate the Nordic States into the SIS before the new millennium.After studying the PWP's research, the Steering Committee recommends that the Central Group proceed as follows:Take a decision immediately on the procedure outlined below and - in the light of the prevailing situation regarding decisions at Executive Committee level - submit this matter to the Executive Committee with a view to taking a further decision.Work carried out on SIS II will run concurrently with measures to renew the current C.SIS for 10 States. However, preparations will be made to run it for 15 States to enable the Nordic States to be integrated immediately after the stabilisation of the 10-State SIS on the new platform.The Nordic States should be integrated as quickly as possible during the year 2000. The project aimed at renewing and extending the SIS will therefore consist of two phases. The first phase will involve preparation of the hardware and the technical specifications for a system that operates with 15 States and implementation for 10 States. The second phase comprises the integration of the Nordic States.During implementation account should be taken of the following guidelines:1. The parallel development of SIS.I and SIS.II will in no way affect the development of SIS.II as a strategic goal. Only the SIS.II will be able to meet essential operational demands placed on the SIS. (The functional scope for SIS I will remain the same after renewal).2. The Steering Committee considers that the only way of ensuring that this scenario is realised is via a restricted procedure for calls for tender. The procedure must be undertaken by France in accordance with Article 92, paragraph 3 of the Schengen Convention.3. The parallel development of SIS.I and SIS.II requires all States to demonstrate the readiness and the will to provide the necessary resources in terms of funding and manpower. The cost of updating SIS.I is estimated at approximately FRF 16 million (excluding the cost of adapting the national Schengen Information Systems).The Steering Committee emphasises that any delay in decision-making will jeopardise the operation of the system after 1 January 2000.


title: 2013/599/EU: Decision of the European Parliament of 17 April 2013 on the closure of the accounts of the European Agency for Safety and Health at Work for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/298

         DECISION OF THE EUROPEAN PARLIAMENT
   of 17 April 2013
   on the closure of the accounts of the European Agency for Safety and Health at Work for the financial year 2011
   (2013/599/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Agency for Safety and Health at Work for the financial year 2011,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Agency for Safety and Health at Work for the financial year 2011, together with the Agency’s replies (1),

               —

               having regard to the Council’s recommendation of 12 February 2013 (05753/2013 — C7-0041/2013),

               —

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

               —

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

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

               —

               having regard to Council Regulation (EC) No 2062/94 of 18 July 1994 establishing a European Agency for Safety and Health at Work (4), and in particular Article 14 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 (5), 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 Employment and Social Affairs (A7-0085/2013),

               1.

               Approves the closure of the accounts of the European Agency for Safety and Health at Work for the financial year 2011;

               2.

               Instructs its President to forward this Decision to the Director of the European Agency for Safety and Health at Work, 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

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 388, 15.12.2012, p. 219.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 216, 20.8.1994, p. 1.

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


title: 2006/364/EC: Council Decision of  15 May 2006  on the position of the European Community in relation to the draft Regulation of the United Nations Economic Commission for Europe concerning the approval of adaptive front-lighting systems (AFS) for motor vehicles   (Text with EEA relevance)

text:
               23.5.2006

               EN

               Official Journal of the European Union

               L 135/12

      COUNCIL DECISION

   of 15 May 2006
   on the position of the European Community in relation to the draft Regulation of the United Nations Economic Commission for Europe concerning the approval of adaptive front-lighting systems (AFS) for motor vehicles
   (Text with EEA relevance)
   (2006/364/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Decision 97/836/EC of 27 November 1997 with a view to accession by the European Community to the Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions (Revised 1958 Agreement) (1), and in particular Article 4(2), second indent, thereof,
   Having regard to the proposal of the Commission,
   Having regard to the assent of the European Parliament (2),
   Whereas:

               (1)

               The draft Regulation of the United Nations Economic Commission for Europe concerning the approval of adaptive front-lighting systems (AFS) for motor vehicles (hereinafter referred to as the draft Regulation) will abolish the technical barriers to trade in motor vehicles between the Contracting Parties with respect to these components, while ensuring a high level of safety and environmental protection.

               (2)

               It is appropriate to define the Community's position with regard to the draft Regulation.

               (3)

               The draft Regulation should be incorporated into the Community system for the type-approval of motor vehicles,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The draft Regulation, as contained in document TRANS/WP.29/2005/31 and TRANS/WP.29/2005/31/add.1, is hereby approved.
   Article 2
   The Community, represented by the Commission, shall vote in favour of the draft Regulation in the vote which will take place during a meeting of the Administrative Committee at a forthcoming meeting of the United Nations Economic Commission for Europe World Forum for Harmonisation of Vehicle Regulations.
   Article 3
   The draft Regulation shall be incorporated into the Community type-approval system for motor vehicles.

      Done at Brussels, 15 May 2006.

            For the Council

            The President

         U. PLASSNIK

      (1)  OJ L 346, 17.12.1997, p. 78.

      (2)  Not yet published in the Official Journal.


Avis juridique important

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41998D0037

The Schengen acquis - Decision of the Executive Committee of 27 October 1998 on the adoption of measures to fight illegal immigration (SCH/Com-ex (98) 37 def. 2)

Official Journal L 239 , 22/09/2000 P. 0203 - 0204

DECISION OF THE EXECUTIVE COMMITTEEof 27 October 1998on the adoption of measures to fight illegal immigration(SCH/Com-ex (98)37 def. 2)THE EXECUTIVE COMMITTEE,Having regard to Article 132 of the Convention implementing the Schengen Agreement,Having regard to Article 6 of the abovementioned Convention,- emphasising the necessity to respect human rights and underlining each Contracting State's obligations arising from the European Convention for the Protection of Human Rights and Fundamental Freedoms and its protocols, the Geneva Convention on the Legal Status of Refugees and the New York Protocol, the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Elimination of all forms of Discrimination against Women and the Convention on the Rights of the Child,- taking into account the measures taken by and within the EU to fight illegal immigration and recognising the need for an integrated approach,- recognising that a policy to combat illegal immigration must lay down appropriate provisions for the examination of asylum applications in compliance with public international law,HAS DECIDED AS FOLLOWS:The Schengen States are at present particularly affected by substantial waves of immigration.The Schengen States find it necessary to take the following measures to fight against this immigration:1. Drafting and constant updating of a situation report and formulation of proposals for the adaptation of measures by the Task Force.2. Close cooperation with the competent agencies of the countries of origin and transit countries in accordance with national law in the Schengen States, especially with regard to the provision of advice and support by liaison officers of the Schengen States.3. Provision of assistance by liaison officers from the Schengen States to the countries of origin and the transit countries, subject to the conditions laid down in point 2, in the form of advice on preventing illegal migration, in accordance with the applicable domestic law, so as to fight against illegal immigration into a Schengen State.4. Regular reciprocal briefing of all the Schengen States on the results of expert missions to the countries of origin and transit, especially those applying for EU membership, a factor to be taken into account in connection with support measures.5. Implementation of intensive controls at authorised border crossing points at the external borders in accordance with Schengen standards, with special emphasis placed on border sectors affected by immigration.6. Fullest possible surveillance of land and sea borders outside authorised border crossing points and in the area behind the border, particularly the border sectors affected by illegal immigration, via the deployment of mobile units.7. Checking of non-public areas in ports serving international maritime traffic.8. Controls on ferries during loading and embarkation.9. Intensification of police measures at national level in accordance with domestic law, particularly on the main transport routes, if possible in concert and in close cooperation with the Schengen partners.10. In compliance with the relevant national law, the fingerprinting of every alien illegal immigrant whose identity cannot be established with certainty; retention of fingerprints for the purpose of informing the authorities in other Schengen States; the principles of data protection law applicable in the framework of Schengen cooperation and in the European Union are to be observed.11. In compliance with the relevant national law, preventing foreign nationals who have entered the Schengen territory illegally and whose identity cannot be established with certainty from absconding, either until such time as their identity has been clearly established or until the measures required by the aliens' police have been ordered and implemented.12. Immediate and systematic return of third-country nationals who have entered the Schengen States without authorisation provided no right to stay exists and there are no obstacles based on compelling humanitarian grounds or international law.13. Imposition of sanctions against carriers which transport passengers without the required entry and transit documents to Schengen States.14. Exchange of information - in cooperation with Europol, to the extent that this is permissible in the case of personal data and subject to the agreement of the bodies laid down in the Europol Convention - between the Schengen States' designated central contact points about the situation as it develops, the measures taken and persons apprehended, focusing particularly on organisations involved in smuggling persons and the routes used, and faster transmission of this information to the relevant services.15. Coordination of the fight against criminal networks involved in smuggling via information exchange - in cooperation with Europol, to the extent that this is permissible in the case of personal data and subject to the agreement of the bodies laid down in the Europol Convention - between the services responsible for conducting investigations, in accordance with the provisions of the Schengen Convention and subject to national law, together with the coordination of operational measures.16. Application mutatis mutandis of the relevant measures contained in the EU action plan for preventing the influx of migrants from Iraq and the neighbouring region of 26 January 1998 (EU document 5573/98).


title: Commission Decision of 10 March 2015 designating the sites awarded the European Heritage Label in 2014

text:
               11.3.2015

               EN

               Official Journal of the European Union

               C 83/3

         COMMISSION DECISION
   of 10 March 2015
   designating the sites awarded the European Heritage Label in 2014
   (2015/C 83/03)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Decision No 1194/2011/EU of the European Parliament and of the Council of 16 November 2011 establishing a European Union action for the European Heritage Label (1), and in particular Article 14(1) thereof,
   Whereas:

               (1)

               On 17 December 2014, the European panel transmitted to the Commission its report regarding the selection process of sites for the attribution of the European Heritage Label in 2014 and, taking into account its recommendations, the Commission should designate the sites to be awarded the label.

               (2)

               In accordance with Article 15 of Decision No 1194/2011/EU, each site awarded the label should be monitored on a regular basis in order to ensure that it continues to meet the criteria and that it respects the project and work plan submitted in its application for the selection,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The European Heritage Label is awarded to the heart of Ancient Athens (Greece), the Abbey of Cluny (France), the Archive of the crown of Aragon (Spain), the Union of Lublin (Poland), the Sites of the Peace of Westphalia (Germany), the Biblioteca Geral da Universidade de Coimbra (Portugal), the 3 May 1791 Constitution (Poland), the Hambach Castle (Germany), the Charter of Law of Abolition of the Death Penalty (Portugal), the Residencia de Estudiantes (Spain), the Kaunas of 1919-40 (Lithuania), the Franja Partisan Hospital (Slovenia), the Robert Schuman’s House (France), the Museo Casa Alcide de Gasperi (Italy), the Historic Gdansk Shipyard (Poland) and the Pan-European Picnic Memorial Park (Hungary).

      Done at Brussels, 10 March 2015.

            For the Commission

         Tibor NAVRACSICS

            Member of the Commission

      (1)  OJ L 303, 22.11.2011, p. 1.


title: 2008/916/EC: Decision of the European Parliament and of the Council of 19 November 2008 on the mobilisation of the European Globalisation Adjustment Fund in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management

text:
               9.12.2008

               EN

               Official Journal of the European Union

               L 330/16

      DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 19 November 2008
   on the mobilisation of the European Globalisation Adjustment Fund in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management
   (2008/916/EC)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof,
   Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 on establishing the European Globalisation Adjustment Fund (2), and in particular Article 12(3) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The European Globalisation Adjustment Fund (the ‘Fund’) was established to provide additional support to redundant workers who suffer from the consequences of major structural changes in world trade patterns and to assist them with their reintegration into the labour market.

               (2)

               The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the Fund within the annual ceiling of EUR 500 million.

               (3)

               Italy has submitted four applications to deploy the Fund, in respect of redundancies in the textile sector: on 9 August 2007 for Sardinia, on 10 August 2007 for Piedmont, on 17 August 2007 for Lombardy and on 12 February 2008 for Tuscany. These applications comply with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006.

               (4)

               The Fund should, therefore, be mobilised in order to provide a financial contribution for the applications,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   For the general budget of the European Union for the financial year 2008, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 35 158 075 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 19 November 2008.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         J.-P. JOUYET

      (1)  OJ C 139, 14.6.2006, p. 1.

      (2)  OJ L 406, 30.12.2006, p. 1.


title: 2013/483/EU: Council Decision of 30 September 2013 on the application of Regulation No 41 of the United Nations Economic Commission for Europe on uniform provisions concerning the approval of motor cycles with regard to noise  Text with EEA relevance

text:
               5.10.2013

               EN

               Official Journal of the European Union

               L 263/15

         COUNCIL DECISION
   of 30 September 2013
   on the application of Regulation No 41 of the United Nations Economic Commission for Europe on uniform provisions concerning the approval of motor cycles with regard to noise
   (Text with EEA relevance)
   (2013/483/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 114 and 207 thereof, in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               By Council Decision 97/836/EC (1), the Union acceded to the Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions (2) (‘Revised 1958 Agreement’).

               (2)

               The harmonised requirements of Regulation No 41 of the Economic Commission for Europe of the United Nations (UN/ECE) — Uniform provisions concerning the approval of motor cycles with regard to noise (3) (‘UNECE Regulation No 41’) are intended to remove technical barriers to the trade in motor vehicles between the Contracting Parties to the Revised 1958 Agreement and to ensure that such vehicles offer a high level of safety and protection.

               (3)

               Directive 2002/24/EC of the European Parliament and of the Council (4) and Directive 97/24/EC of the European Parliament and of the Council (5) and its implementing measures mandate the adoption of permissible sound levels, exhaust systems and testing procedures of two and three-wheel motor vehicles.

               (4)

               Annex III to Chapter 9 of Directive 97/24/EC contains requirements for the type-approval of L-category vehicles with regard to their permissible sound level and exhaust system. L-category vehicles is the family name of light vehicles such as powered cycles, two or three-wheel mopeds, motor cycles with and without sidecar, tricycles and quadricycles.

               (5)

               At the date of its accession to the Revised 1958 Agreement, the Union acceded to a limited number of UNECE Regulations listed in Annex II to Decision 97/836/EC; UNECE Regulation No 41 was not included in that list.

               (6)

               As provided for in Article 3(3) of Decision 97/836/EC, and pursuant to Article 1(7) of the Revised 1958 Agreement, the Union may decide to apply one, some or all of the UNECE Regulations to which it has not acceded at the time of its accession to the Revised 1958 Agreement.

               (7)

               It is now appropriate for the Union to apply UNECE Regulation No 41 in order to have common harmonised requirements at international level, which will facilitate international trade and which will replace the existing approval requirements set-out in Annex III to Chapter 9 of Directive 97/24/EC. This will enable European companies to follow one set of requirements recognised worldwide, in particular in the Contracting Parties to the Revised 1958 Agreement,

         HAS ADOPTED THIS DECISION:
   Article 1
   The European Union shall apply Regulation No 41 of the United Nations Economic Commission for Europe on uniform provisions concerning the approval of motor cycles with regard to noise.
   Article 2
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
   Article 3
   This Decision shall be notified by the Commission to the Secretary-General of the United Nations.

      Done at Brussels, 30 September 2013.

            For the Council

            The President

         L. LINKEVIČIUS

      (1)  Council Decision 97/836/EC of 27 November 1997 with a view to accession by the European Community to the Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions (‘Revised 1958 Agreement’) (OJ L 346, 17.12.1997, p. 78).

      (2)  OJ L 346, 17.12.1997, p. 81.

      (3)  OJ L 317, 14.11.2012, p. 1.

      (4)  Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two or three-wheel motor vehicles and repealing Council Directive 92/61/EEC (OJ L 124, 9.5.2002, p. 1).

      (5)  Directive 97/24/EC of the European Parliament and of the Council of 17 June 1997 on certain components and characteristics of two or three-wheel motor vehicles (OJ L 226, 18.8.1997, p. 1).


title: 2013/508/EU: Decision of the Representatives of the Governments of the Member States of 16 October 2013 appointing a Judge to the General Court

text:
               18.10.2013

               EN

               Official Journal of the European Union

               L 277/12

         DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
   of 16 October 2013
   appointing a Judge to the General Court
   (2013/508/EU)
   THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 19 thereof,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 254 and 255 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a(1) thereof,
   Whereas:

               (1)

               Pursuant to Articles 5 and 7 of the Protocol on the Statute of the Court of Justice of the European Union, and following the resignation of Ms Küllike JÜRIMÄE, a judge should be appointed to the General Court for the remainder of Ms Küllike JÜRIMÄE's term of office, which runs until 31 August 2016.

               (2)

               Mr Lauri MADISE has been proposed for the vacant post.

               (3)

               The panel set up under Article 255 of the Treaty on the Functioning of the European Union has given an opinion on the suitability of Mr Lauri MADISE to perform the duties of Judge of the General Court of the European Union,

         HAVE ADOPTED THIS DECISION:
   Article 1
   Mr Lauri MADISE is hereby appointed Judge of the General Court for the period from 6 October 2013 to 31 August 2016.
   Article 2
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 16 October 2013.

            The President

         R. KAROBLIS


title: 64/299/EEC: Council Decision of 8 May 1964 on co-operation between the competent government departments of Member States in the field of budgetary policy

text:
140                                 Official Journal of the European Communities
21.5.64                        OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES                                     1205 /64
                                                 COUNCIL DECISION
                                                      of 8 May 1964
              on co-operation between the competent government departments of Member States in the
                                                field of budgetary policy
                                                       (64/299/EEC)
THE COUNCIL OF THE EUROPEAN ECONOMIC                            The Opinion of the Committee may be obtained by
COMMUNITY,                                                      the' Council or by the Commission.
Haying regard to the Treaty establishing the Euro              Moreover, the Committee may, on its own initiative,
pean Economic Community, and in particular Article              deliver Opinions whenever it considers this necessary
105 ( 1 ) and the first indent of Article 145 thereof;          for the proper fulfilment of its task.
Having regard to the Recommendation of the Com
mission of 19 June 1963 ;                                                              Article 2
Having regard to the Opinion of the European Par               The Committee shall consist of representatives of the
liament1 ;                                                      Member States and of the Commission . The Member
                                                                States and the Commission shall each appoint a full
Having regard to the Opinion of the Economic and                member and two alternates .
Social Committee2 ;
                                                                                Article 3
Whereas budget decisions have a considerable influ
ence on the development of the conjunctural and                 The Commission shall be responsible for co-ordinat
monetary situation of the Member States and the                 ing and synchronising the work of the Committee
Community;                                                      with that of the Monetary Committee and of the
                                                                Conjunctural Policy Committee.
Whereas examination and comparison of. the budget
ary policies of Member States are necessary in order            The Chairman of the Monetary Committee and the
to facilitate co-ordination of economic and financial           Chairman of the Conjunctural Policy Committee may
policies ;                                                      participate in the meetings of the Committee, either
Whereas it is desirable that this examination and com
                                                                in person or through a representative.
parison should be made by a group consisting of
representatives of the governments of the Member                                       Article 4
States and of the Commission ;
                                                                The Committee shall elect its officers ; their term of
                                                                office shall be for two years and renewable. It shall
HAS DECIDED :
                                                                adopt its own rules of procedure. Secretarial services
                                                                shall be provided for the Committee by the Com
                          Article 1                             mission.
A Budgetary Policy Committee (hereinafter called the
' Committee') is hereby set up . The Committee shall            Done at Brussels, 8 May 1964.
study and compare the broad lines of the budgetary
policies of the Member States.
                                                                                ■ For the Council
                                                                                The President
1 OJ No 24, 8.2.1964, p . 40 .
2 OJ No 38 , 5.3.1964, p. 65                                                                        H. FAYAT


title: 2008/520/EC: Decision of the European Parliament of 24 April 2007 on closing the accounts of the Translation Centre for the bodies of the European Union for the financial year 2005

text:
               15.7.2008

               EN

               Official Journal of the European Union

               L 187/126

      DECISION OF THE EUROPEAN PARLIAMENT

   of 24 April 2007
   on closing the accounts of the Translation Centre for the bodies of the European Union for the financial year 2005
   (2008/520/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the Translation Centre for the bodies of the European Union for the financial year 2005 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the Translation Centre for the bodies of the European Union for the financial year 2005, together with the Centre's replies (2),
   having regard to the Council's Recommendation of 27 February 2007 (5711/2007 — C6-0080/2007),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,
   having regard to Council Regulation (EC) No 2965/94 of 28 November 1994 setting up a Translation Centre for the bodies of the European Union (4), and in particular Article 14 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 (5), and in particular Article 94 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the Report of the Committee on Budgetary Control (A6-0101/2007),

               1.

               Notes that the final annual accounts of the Translation Centre for the bodies of the European Union for the financial years 2004 and 2005 are as follows:
               Revenue and expenditure account for the financial years 2004 and 2005

                           (in EUR 1000)

                           2005

                           2004

                              Operating revenue

                           Invoicing for the financial year

                           30 408

                           23 423

                           Miscellaneous revenue

                           372

                           150

                              Total operating revenue(a)

                              30 780

                              23 573

                              Operating expenditure

                           Current expenses

                           13 200

                           11 929

                           Buildings, equipment and sundry operating expenditure

                           3 547

                           2 734

                           Operational expenditure

                           7 397

                           5 919

                           Allocation to provisions

                           1 849

                           1 410

                              Total operating expenditure (b)

                              25 993

                              21 992

                              Operating result (c = a - b)

                              4 787

                              1 581

                              Financial income

                           Bank interest

                           428

                           387

                           Exchange-rate gain

                           1

                           1

                              Total financial income (d)

                              429

                              388

                              Financial expenses

                           Bank charges

                           4

                           7

                              Total financial expenses (e)

                              4

                              7

                              Financial result (f = d - e)

                              425

                              381

                              Result for ordinary activities (g = c + f)

                              5 212

                              1 962

                           Exceptional income (h)

                           0

                           2 230

                           Exceptional expenses (i)

                           0

                           0

                              Exceptional result (j = h - i))

                              0

                              2 230

                              Result for the financial year (g + j)

                              5 212

                              4 192

                              Source: Data compiled by the Centre. This table summarises the data supplied by the Centre in its own annual accounts;

               2.

               Approves closing the accounts of the Translation Centre for the bodies of the European Union for the financial year 2005;

               3.

               Instructs its President to forward this Decision to the director of the Translation Centre for the bodies of the European Union, 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

         Hans-Gert PÖTTERING

            The Secretary-General

         Harald RØMER

      (1)  OJ C 266, 31.10.2006, p. 25.

      (2)  OJ C 312, 19.12.2006, p. 48.

      (3)  OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

      (4)  OJ L 314, 7.12.1994, p. 1. Regulation as last amended by Regulation (EC) No 1645/2003 (OJ L 245, 29.9.2003, p. 13).

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


title: 2006/874/EC: Council Decision of 28 November 2006 on the accession of the Community to United Nations Economic Commission for Europe Regulation No 107 on uniform provisions concerning the approval of category M 2 or M 3 vehicles with regard to their general construction   (Text with EEA relevance)

text:
               5.12.2006

               EN

               Official Journal of the European Union

               L 337/45

      COUNCIL DECISION

   of 28 November 2006
   on the accession of the Community to United Nations Economic Commission for Europe Regulation No 107 on uniform provisions concerning the approval of category M2 or M3 vehicles with regard to their general construction
   (Text with EEA relevance)
   (2006/874/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Decision 97/836/EC of 27 November 1997 with a view to accession by the European Community to the Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions (Revised 1958 Agreement) (1), and in particular Article 3(3) and the second indent of Article 4(2) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the assent of the European Parliament,
   Whereas:

               (1)

               The standardised requirements of Regulation No 107 on uniform provisions concerning the approval of category M2 or M3 vehicles with regard to their general construction are intended to remove technical barriers to the trade in motor vehicles between the Contracting Parties and to ensure a high level of safety and protection in the operation of vehicles.

               (2)

               The Commission therefore considers that Regulation No 107 should become part of the Community system for the type approval of motor vehicles,

         HAS DECIDED AS FOLLOWS:
   Article 1
   1.   The Community shall apply Regulation No 107 of the United Nations Economic Commission for Europe on uniform provisions concerning the approval of category M2 or M3 vehicles with regard to their general construction.
   2.   The text of the Regulation is attached to this Decision.
   Article 2
   Regulation No 107 of the United Nations Economic Commission for Europe on uniform provisions concerning the approval of category M2 or M3 vehicles with regard to their general construction shall become part of the Community type-approval system for motor vehicles.
   Article 3
   The Commission shall notify the Secretary-General of the United Nations of this Decision.

      Done at Brussels, 28 November 2006.

            For the Council

            The President

         E. HEINÄLUOMA

      (1)  OJ L 346, 17.12.1997, p. 78.


title: 2009/808/EC: Council Decision of 21 October 2009 appointing two Greek members of the Committee of the Regions

text:
               4.11.2009

               EN

               Official Journal of the European Union

               L 288/25

      COUNCIL DECISION

   of 21 October 2009
   appointing two Greek members of the Committee of the Regions
   (2009/808/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal of the Greek Government,
   Whereas:

               (1)

               On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

               (2)

               Two members’ seats on the Committee of the Regions have become vacant following the death of Mr Christos PALEOLÓGOS and the end of the term of office of Mr Paris KOUKOULOPOULOS,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following are hereby appointed to the Committee of the Regions as members for the remainder of the current term of office, which runs until 25 January 2010:

               —

               Mr Konstantinos SIMITSIS, Mayor of the City of Kavala,

               —

               Mr Theodoros GKOTSOPOULOS, Municipal Counsellor of the Municipality of Pallini, Attica.

         Article 2
   This Decision shall take effect on the day of its adoption.

      Done at Luxembourg, 21 October 2009.

            For the Council

            The President

         A. CARLGREN

      (1)  OJ L 56, 25.2.2006, p. 75.


Avis juridique important

|

31988D0576

88/576/EEC: Council Decision of 14 November 1988 repealing Decision 87/104/EEC accepting an undertaking given in connection with the anti-dumping proceeding concerning imports of paint, distemper, varnish and similar brushes originating in the People's Republic of China and terminating the investigation

Official Journal L 312 , 18/11/1988 P. 0033 - 0034

*****COUNCIL  DECISION  OF 14 NOVEMBER 1988  REPEALING DECISION 87/104/EEC ACCEPTING AN UNDERTAKING GIVEN IN CONNECTION WITH THE ANTI-DUMPING PROCEEDING CONCERNING IMPORTS OF PAINT, DISTEMPER, VARNISH AND SIMILAR BRUSHES ORIGINATING IN THE PEOPLE'S REPUBLIC OF CHINA AND TERMINATING THE INVESTIGATION  ( 88/576/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY,  HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 2423/88 OF 11 JULY 1988 ON PROTECTION AGAINST DUMPED OR SUBSIDIZED IMPORTS FROM COUNTRIES NOT MEMBERS OF THE EUROPEAN ECONOMIC COMMUNITY ( 1 ), AND IN PARTICULAR ARTICLE 10 THEREOF,  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION, PRESENTED AFTER CONSULTATIONS WITHIN THE ADVISORY COMMITTEE AS PROVIDED FOR UNDER THAT REGULATION,  WHEREAS :  A . PROCEDURE  ( 1 ) FOLLOWING A COMPLAINT LODGED BY THE EUROPEAN BRUSHWARE FEDERATION ( FEDERATION EUROPEENNE DE L'INDUSTRIE DE LA BROSSERIE ET DE LA PINCEAUTERIE _ FEIBP ) ON BEHALF OF COMMUNITY PRODUCERS IN ALL MEMBER STATES OF PAINT, DISTEMPER, VARNISH AND SIMILAR BRUSHES WHOSE COLLECTIVE OUTPUT CONSTITUTES PRACTICALLY ALL COMMUNITY PRODUCTION OF THE PRODUCTS IN QUESTION, THE COMMISSION PUBLISHED A NOTICE IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES ( 2 ), ANNOUNCING THE INITIATION OF AN ANTI-DUMPING PROCEEDING CONCERNING IMPORTS INTO THE COMMUNITY OF PAINT, DISTEMPER, VARNISH AND SIMILAR BRUSHES FALLING WITHIN COMMON CUSTOMS TARIFF SUBHEADING EX 96.01 B III ( CORRESPONDING TO NIMEXE CODE 96.01-49 AND, FROM 1 JANUARY 1988, TO CN CODE 9603 40 10 ) AND ORIGINATING IN THE PEOPLE'S REPUBLIC OF CHINA; IT THEN COMMENCED AN INVESTIGATION .  ( 2 ) FOLLOWING THE INVESTIGATION, WHICH ESTABLISHED THE EXISTENCE OF DUMPING AND INJURY, THE CHINESE FIRM CHINA NATIONAL NATURE PRODUCE * ANIMAL BY-PRODUCTS IMPORT * EXPORT CORPORATION OFFERED AN UNDERTAKING LIMITING THE QUANTITIES EXPORTED TO THE COMMUNITY .  ( 3 ) UNDER THE TERMS OF THE UNDERTAKING, THE ABOVEMENTIONED FIRM UNDERTOOK TO REDUCE ITS EXPORTS TO SUCH AN EXTENT THAT THE INJURY SUFFERED BY THE COMMUNITY INDUSTRY WOULD BE ELIMINATED . BY DECISION 87/104/EEC ( 3 ), THE COUNCIL ACCEPTED THE UNDERTAKING .  ( 4 ) IN MAY 1988 THE COMMISSION RECEIVED INFORMATION SUGGESTING THAT CHINESE EXPORTS IN 1987 TO THE FEDERAL REPUBLIC OF GERMANY AND THE UNITED KINGDOM ALONE FAR EXCEEDED THE MAXIMUM ALLOWED FOR THE COMMUNITY AS A WHOLE IN THAT YEAR UNDER THE TERMS OF THE EXPORTING FIRM'S UNDERTAKING .  ( 5 ) THE COMMISSION EXAMINED THE INFORMATION BROUGHT TO ITS ATTENTION AND HEARD THE CHINESE EXPORTER .  B . FAILURE TO COMPLY WITH THE UNDERTAKING  ( 6 ) THE COMMISSION CARRIED OUT AN INITIAL VERIFICATION OF THE ALLEGED FACTS USING THE OFFICIAL STATISTICS AVAILABLE . THOSE STATISTICS INDICATE THAT THE UNDERTAKING HAS INDEED BEEN BROKEN . THEY CONFIRM THAT IMPORTS OF THE PRODUCT CONCERNED FROM THE PEOPLE'S REPUBLIC OF CHINA INTO GERMANY AND THE UNITED KINGDOM ALONE FAR EXCEED THE OVERALL QUANTITY LAID DOWN IN THE UNDERTAKING FOR THE COMMUNITY AS A WHOLE; THE UNITED KINGDOM AUTHORITIES ALSO SUPPLIED EVIDENCE THAT CERTAIN CHINESE EXPORTS WERE TRANSITING THROUGH HONG KONG, THUS INCREASING THE OVERALL VOLUME OF EXPORTS ORIGINATING IN CHINA, WHICH AMOUNTS IN THIS WAY TO NEARLY TWICE THAT ALLOWED UNDER THE UNDERTAKING .  ( 7 ) THE CHINESE EXPORTER CLAIMS THAT THE QUANTITIES EXPORTED TO THE COMMUNITY DO NOT EXCEED THE LIMITS LAID DOWN IN THE UNDERTAKING . IN SUPPORT OF THIS CLAIM IT SUPPLIED FIGURES WHICH DO NOT, HOWEVER, AGREE WITH THOSE OBTAINED FROM THE COMMUNITY IMPORTERS, NOR WITH THOSE FOUND IN THE OFFICIAL STATISTICS REFERRED TO ABOVE, AND DO NOT INCLUDE CHINESE EXPORTS TRANSITING THROUGH HONG KONG . THE CHINESE EXPORTER WAS UNABLE TO PUT FORWARD CONVINCING ARGUMENTS TO REFUTE THE DATA OBTAINED BY THE COMMISSION . IT SHOULD BE NOTED THAT UNDER THE TERMS OF THE UNDERTAKING ACCEPTED BY THE COUNCIL, THE EXPORTER UNDERTOOK TO COMPLY WITH THE QUANTITIES LAID DOWN, WHETHER BY DIRECT OR INDIRECT EXPORTS, OR THROUGH A SUBSIDIARY COMPANY, BRANCH OR AGENT .  ( 8 ) THE COMMISSION THEREFORE HAS DETAILED EVIDENCE SHOWING THAT THE CHINESE PRODUCER'S EXPORTS TO THE COMMUNITY, WHETHER DIRECT OR TRANSITING THROUGH A THIRD COUNTRY, FAR EXCEED THE ANNUAL FIGURES LAID DOWN IN THE UNDERTAKING .  C . WITHDRAWAL OF ACCEPTANCE OF THE UNDERTAKING  ( 9 ) THE COUNCIL CONSIDERS THAT UNDER THESE CIRCUMSTANCES DECISION 87/104/EEC SHOULD BE REPEALED AND THAT A NEW EXAMINATION OF THE FACTS IS WARRANTED,  HAS DECIDED AS FOLLOWS :  SOLE ARTICLE  DECISION 87/104/EEC IS HEREBY REPEALED .  DONE AT BRUSSELS, 14 NOVEMBER 1988 .  FOR THE COUNCIL  THE PRESIDENT  Y . POTTAKIS  ( 1 ) OJ NO L 209, 2 . 8 . 1988, P . 1 .  ( 2 ) OJ NO C 103, 30 . 4 . 1986, P . 2 .  ( 3 ) OJ NO L 46, 14 . 2 . 1987, P . 45 .


title: 2011/280/EU: Commission Decision of 16 May 2011 on repealing Decision 2003/796/EC on establishing the European Regulators Group for Electricity and Gas

text:
               17.5.2011

               EN

               Official Journal of the European Union

               L 129/14

         COMMISSION DECISION
   of 16 May 2011
   on repealing Decision 2003/796/EC on establishing the European Regulators Group for Electricity and Gas
   (2011/280/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Whereas:

               (1)

               Commission Decision 2003/796/EC (1) established a European Regulators Group for Electricity and Gas to facilitate consultation, coordination and cooperation between the regulatory bodies in the Member States, and between these bodies and the Commission, with a view to consolidating the internal market and ensuring the consistent application in all Member States of Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity (2), Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas (3) and Regulation (EC) No 1228/2003 of the European Parliament and of the Council of 26 June 2003 on conditions for access to the network for cross-border exchanges in electricity (4).

               (2)

               In order to enhance the cooperation between national regulatory bodies and to contribute further towards the effective functioning of the internal markets in electricity and natural gas, an Agency for the Cooperation of Energy Regulators was established by Regulation No (EC) 713/2009 of the European Parliament and of the Council. (5).

               (3)

               The Agency for the Cooperation of Energy Regulators provides a framework within which national regulatory authorities can cooperate and carry out tasks similar to those currently pursued by the European Regulatory Group for Electricity and Gas. As the Agency for the Cooperation of Energy Regulators will continue the work undertaken by the European Regulatory Group for Electricity and Gas within the framework of a more effective governance, it is therefore appropriate to repeal Decision 2003/796/EC.

               (4)

               In order to ensure that the European Regulatory Group for Electricity and Gas can finalise several pending projects, the European Regulatory Group for Electricity and Gas should be dissolved only as of 1 July 2011 so to ensure a smooth transition to the Agency for the Cooperation of Energy Regulators,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2003/796/EC is repealed.
   Article 2
   This Decision shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   It shall apply from 1 July 2011.

      Done at Brussels, 16 May 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 296, 14.11.2003, p. 34.

      (2)  OJ L 176, 15.7.2003, p. 37.

      (3)  OJ L 176, 15.7.2003, p. 57.

      (4)  OJ L 176, 15.7.2003, p. 1.

      (5)  OJ L 211, 14.8.2009, p. 1.