Avis juridique important

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31984D0333

84/333/EEC: Decision of the European Parliament of 10 April 1984 on the granting of a discharge to the Commission of the European Communities in respect of the activities of the fifth European Development Fund in the 1982 financial year . Resolution containing the comments accompanying the decisions on the discharge in respect of the implementation of European Development Fund operations for the 1982 financial year

Official Journal L 173 , 30/06/1984 P. 0009 - 0011

+++++( 1 ) OJ NO L 347 , 22 . 12 . 1980 , P . 2 .  ( 2 ) OJ NO C 357 , 31 . 12 . 1983 , P . 1 .  ( 3 ) OJ NO C 260 , 12 . 10 . 1981 , P . 72 .  DECISION OF THE EUROPEAN PARLIAMENT OF 10 APRIL 1984 ON THE GRANTING OF A DISCHARGE TO THE COMMISSION OF THE EUROPEAN COMMUNITIES IN RESPECT OF THE ACTIVITIES OF THE FIFTH EUROPEAN DEVELOPMENT FUND IN THE 1982 FINANCIAL YEAR ( 84/333/EEC )  THE EUROPEAN PARLIAMENT ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 206B THEREOF ,  HAVING REGARD TO THE SECOND ACP-EEC CONVENTION OF LOME ( 1 ) ,  WHEREAS THE TREATY OF 22 JULY 1975 EMPOWERS PARLIAMENT TO GRANT A DISCHARGE ON THE FINANCIAL ACTIVITIES OF THE COMMUNITY ,  HAVING REGARD TO THE ADMINISTRATIVE ACPOUNTS , THE BALANCE SHEETS AND THE REPORT ON THE ACTIVITIES OF THE FIFTH EUROPEAN DEVELOPMENT FUND ,  HAVING REGARD TO THE REPORT OF THE COURT OF AUDITORS FOR THE FINANCIAL YEAR 1982 ACPOMPANIED BY THE REPLIES OF THE INSTITUTIONS ( 2 ) ( DOC . 1-1270/83 ) ,  HAVING REGARD TO THE REPORT BY THE COMMITTEE ON BUDGETARY CONTROL AND TO THE OPINION OF THE COMMITTEE ON DEVELOPMENT AND COOPERATION ( DOC . 1-118/84 ) ,  1 . GRANTS A DISCHARGE TO THE COMMISSION , ON THE BASIS OF THE REVENUE AND EXPENDITURE EXAMINED BY THE COURT OF AUDITORS PURSUANT TO ARTICLE 206A ( 1 ) OF THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , IN RESPECT OF THE FOLLOWING AMOUNTS ENTERED IN THE REVENUE AND EXPENDITURE ACPOUNT OF THE 1982 FINANCIAL YEAR :  - REVENUE : 72 563 902,00 ECU ,  - EXPENDITURE ( PAYMENTS ) : 330 107 542,72 ECU ;  2 . POINTS OUT THAT THE NON-BUDGETIZATION OF THE EUROPEAN DEVELOPMENT FUND MEANS THAT CERTAIN QUESTIONS RELATING TO MANAGEMENT AND FINANCIAL DISCIPLINE , SUCH AS THE OVERDUE PAYMENT OF CONTRIBUTIONS BY MEMBER STATES , CANNOT BE SOLVED EFFECTIVELY , AND THAT THIS HAS AN EFFECT ON THE TOTAL APPROPRIATION AVAILABLE UNDER THE EUROPEAN DEVELOPMENT FUND ;  3 . POINTS OUT ALSO THAT THE DISCHARGE IS GIVEN ONLY ON THE CONDITION THAT THE COMMISSION FIRMLY MAINTAINS ITS PROPOSAL FOR THE BUDGETIZATION OF THE SIXTH EUROPEAN DEVELOPMENT FUND ;  4 . INSTRUCTS ITS PRESIDENT TO FORWARD THIS DECISION TO THE COMMISSION AND TO THE OTHER INSTITUTIONS AND TO ENSURE THAT IT IS PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  DONE ON 10 APRIL 1984 .  THE SECRETARY-GENERAL  H . - J . OPITZ  THE PRESIDENT  PIETER DANKERT  RESOLUTION  CONTAINING THE COMMENTS ACPOMPANYING THE DECISIONS ON THE DISCHARGE IN RESPECT OF THE IMPLEMENTATION OF EUROPEAN DEVELOPMENT FUND OPERATIONS FOR THE 1982 FINANCIAL YEAR  THE EUROPEAN PARLIAMENT ,  1 . VOICES YET AGAIN THE CRITICISM THAT THE EUROPEAN DEVELOPMENT FUND HAS STILL NOT BEEN INCLUDED IN THE GENERAL BUDGET OF THE EUROPEAN COMMUNITIES AND , SAVE FOR THE DISCHARGE , IS THEREFORE NOT SUBJECT TO PARLIAMENTARY DECISIONS ;  2 . INSISTS THAT THE COMMISSION SHOULD DRAW ALL THE APPROPRIATE CONCLUSIONS FROM THE FAILURE OF THE SIBITI-NIARI VALLEY ROAD PROJECT AND REPORT TO PARLIAMENT ; STRESSES THAT THIS IS AN ATYPICAL , EXTREME CASE WHICH IS BY NO MEANS CHARACTERISTIC OF COMMUNITY DEVELOPMENT POLICY WHICH ON THE WHOLE HAS ACHIEVED VERY FAVOURABLE RESULTS ;  3 . CRITICISES THE CUMBERSOME ADMINISTRATIVE PROCEDURE FOR GRANTING SUPPORT FROM THE EUROPEAN DEVELOPMENT FUND AND CALLS FOR THOROUGHGOING IMPROVEMENTS UNDER THE NEW CONVENTION ;  4 . INSISTS THAT THE COMMISSION SHOULD EXERCISE ITS RESPONSIBILITY TO ADMINISTER LOANS AND ONLY TRANSFER RESPONSIBILITY FOR TECHNICAL DETAILS TO THE EUROPEAN INVESTMENT BANK ;  5 . RECOMMENDS THAT , WHERE NECESSARY , MORE RAPID PROCEDURES SHOULD BE USED TO GRANT AID IN ACPORDANCE WITH THE SECOND LOME CONVENTION ;  6 . REGRETS THE LACK OF FLEXIBILITY IN THE FINANCIAL INSTRUMENTS SET UP BY THE LOME CONVENTION WHICH MAKE IT MORE DIFFICULT TO SOLVE THE PROBLEMS ASSOCIATED WITH STABEX TRANSFERS ;  7 . CALLS ON THE MEMBER STATES TO PAY THEIR FINANCIAL CONTRIBUTIONS ON TIME AND CALLS ON THE COMMISSION TO DO EVERYTHING IN ITS POWER TO CLAIM COMPENSATION FOR THE LOSS OF INTEREST FROM MEMBER STATES WHICH ARE SLOW TO PAY ;  8 . URGES THAT THE PROPOSALS IN THE REPORT DRAWN UP BY MR MICHEL ON THE ASSESSMENT OF COMMUNITY DEVELOPMENT POLICY AND THE ROLE OF THE EUROPEAN PARLIAMENT SHOULD BE IMPLEMENTED AND THAT RETROSPECTIVE ASSESSMENTS OF EUROPEAN DEVELOPMENT FUND PROJECTS SHOULD BE CARRIED OUT FAR MORE THAN IN THE PAST ;  9 . CALLS ON THE COMMISSION TO EXERCISE FAR BETTER CONTROL OF THE SPECIAL AGENCIES IN THE MEMBER STATES WHICH ARE RESPONSIBLE FOR PAYING GRANTS UNDER THE EUROPEAN DEVELOPMENT FUND , THE MEDITERRANEAN AGREEMENTS AND AID FOR THE BENEFIT OF NON-ASSOCIATED DEVELOPING COUNTRIES ;  10 . CALLS FOR SIMPLIFIED PROCEDURES FOR GRANTING AID TO ACP STATES WHICH TAKE PART IN TRADE FAIRS ;  11 . REQUESTS THE EUROPEAN INVESTMENT BANK TO PROVIDE MORE COMPREHENSIVE INFORMATION IN FUTURE ON THE USE OF EUROPEAN DEVELOPMENT FUND RESOURCES WHICH IT ADMINISTERS ON BEHALF OF THE COMMUNITY AS THESE ARE IMPORTANT FOR CONTROL AND THUS FOR THE DISCHARGE PROCEDURE , AND AS GREATER TRANSPARENCY IS IN THE INTERESTS OF ALL THOSE INVOLVED ;  12 . NOTES WITH SURPRISE THE ASSERTION BY THE COURT OF AUDITORS ( 3 ) THAT , IN THE CASE OF RESOURCES ADMINISTERED BY THE EUROPEAN INVESTMENT BANK , TENDERS FOR PROJECTS PAID FOR FROM THE COMMUNITY BUDGET OR EUROPEAN DEVELOPMENT FUND RESOURCES WERE INVITED NOT ONLY FROM ACP AND EEC COUNTRIES BUT ALSO COUNTRIES IN WHICH THE EUROPEAN INVESTMENT BANK OBTAINS ITS RESOURCES , INCLUDING THE UNITED STATES AND JAPAN ; CALLS ON ITS COMMITTEE ON BUDGETARY CONTROL TO CLARIFY THIS MATTER .


title: 2011/65/EU: Decision of the European Central Bank of 11 November 2010 on the annual accounts of the European Central Bank (ECB/2010/21)

text:
               9.2.2011

               EN

               Official Journal of the European Union

               L 35/1

         DECISION OF THE EUROPEAN CENTRAL BANK
   of 11 November 2010
   on the annual accounts of the European Central Bank
   (recast)
   (ECB/2010/21)
   (2011/65/EU)
   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 (hereinafter the ‘Statute of the ESCB’), and in particular Article 26.2 thereof,
   Whereas:

               (1)

               Decision ECB/2006/17 of 10 November 2006 on the annual accounts of the European Central Bank (1) has been substantially amended several times. Since further amendments are to be made, in particular with regard to the hedging of interest rate risk, it should be recast in the interests of clarity.

               (2)

               Guideline ECB/2006/16 of 10 November 2006 on the legal framework for accounting and financial reporting in the European System of Central Banks (2) to which Decision ECB/2006/17 refers has been recast and repealed by Guideline ECB/2010/20 of 11 November 2010 on the legal framework for accounting and financial reporting in the European System of Central Banks (3),

         HAS ADOPTED THIS DECISION:
   CHAPTER I

      GENERAL PROVISIONS

   Article 1
   Definitions
   1.   The terms defined in Article 1 of Guideline ECB/2010/20 shall have the same meaning when used in this Decision.
   2.   Other technical terms used in this Decision shall have the same meaning as in Annex II to Guideline ECB/2010/20.
   Article 2
   Scope of application
   The rules set out in this Decision shall apply to the annual accounts of the European Central Bank (ECB) comprising the balance sheet, items recorded in the books of the ECB off-balance-sheet, the profit and loss account and the notes to the annual accounts of the ECB.
   Article 3
   Basic accounting assumptions
   The basic accounting assumptions defined in Article 3 of Guideline ECB/2010/20 shall also apply for the purposes of this Decision.
   Article 4
   Recognition of assets and liabilities
   A financial or other asset/liability shall only be recognised in the balance sheet of the ECB in accordance with Article 4 of Guideline ECB/2010/20.
   Article 5
   Economic and cash/settlement approaches
   The rules set out in Article 5 of Guideline ECB/2010/20 shall apply to this Decision.
   CHAPTER II

      COMPOSITION AND VALUATION RULES FOR THE BALANCE SHEET

   Article 6
   Composition of the balance sheet
   The composition of the balance sheet shall be based on the structure set out in Annex I.
   Article 7
   Provision for foreign exchange rate, interest rate, credit and gold price risks
   Taking into due consideration the nature of the ECB’s activities, the Governing Council may establish a provision for foreign exchange rate, interest rate, credit and gold price risks in the balance sheet of the ECB. The Governing Council shall decide on the size and use of the provision on the basis of a reasoned estimate of the ECB’s risk exposures.
   Article 8
   Balance sheet valuation rules
   1.   Current market rates and prices shall be used for balance sheet valuation purposes unless specified otherwise in Annex I.
   2.   The revaluation of gold, foreign currency instruments, securities other than those classified as held-to-maturity and non-marketable securities, as well as financial instruments, both on-balance-sheet and off-balance-sheet, shall be performed at the year-end at mid-market rates and prices.
   3.   No distinction shall be made between price and currency revaluation differences for gold, but a single gold revaluation difference shall be accounted for, based on the euro price per defined unit of weight of gold derived from the euro/US dollar exchange rate on the quarterly revaluation date. For foreign exchange, including on-balance-sheet and off-balance-sheet transactions, revaluation shall take place on a currency-by-currency basis. For the purpose of this Article, holdings of SDRs, including designated individual foreign exchange holdings underlying the SDR basket, shall be treated as one holding. For securities, revaluation shall take place on a code-by-code basis, i.e. same ISIN number/type. Securities held for monetary policy purposes or included in the items ‘Other financial assets’ or ‘Sundry’ shall be treated as separate holdings.
   4.   Securities classified as held-to-maturity shall be treated as separate holdings, valued at amortised costs and subject to impairment. The same treatment shall apply to non-marketable securities. Securities classified as held-to-maturity may be sold before their maturity in any of the following circumstances:

               (a)

               if the quantity sold is considered not significant in comparison with the total amount of the held-to-maturity securities portfolio;

               (b)

               if the securities are sold during the month of the maturity date;

               (c)

               under exceptional circumstances, such as a significant deterioration of the issuer’s creditworthiness, or following an explicit monetary policy decision of the Governing Council.

         Article 9
   Reverse transactions
   Reverse transactions shall be accounted for in accordance with Article 8 of Guideline ECB/2010/20.
   Article 10
   Marketable equity instruments
   Marketable equity instruments shall be accounted for in accordance with Article 9 of Guideline ECB/2010/20.
   Article 11
   Hedging of interest rate risk on securities with derivatives
   The hedging of interest rate risk shall be accounted for in accordance with Article 10 of Guideline ECB/2010/20.
   Article 12
   Synthetic instruments
   Synthetic instruments shall be accounted for in accordance with Article 11 of Guideline ECB/2010/20.
   CHAPTER III

      INCOME RECOGNITION

   Article 13
   Income recognition
   1.   Article 13(1), (2), (3), (5) and (7) of Guideline ECB/2010/20 shall apply to income recognition.
   2.   Holdings on 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 for which the derogation has been abrogated shall be used to offset unrealised losses when exceeding previous revaluation gains registered in the corresponding standard revaluation account as laid down by Article 13(1)(c) of Guideline ECB/2010/20, prior to the offsetting of such losses in accordance with Article 33.2 of the Statute of the ESCB. The holdings on special revaluation accounts for gold, currencies and securities shall be reduced pro rata in the event of a reduction in the holdings of the relevant assets.
   Article 14
   Cost of transactions
   Article 14 of Guideline ECB/2010/20 shall apply to this Decision.
   CHAPTER IV

      ACCOUNTING RULES FOR OFF-BALANCE-SHEET INSTRUMENTS

   Article 15
   General rules
   Article 15 of Guideline ECB/2010/20 shall apply to this Decision.
   Article 16
   Foreign exchange forward transactions
   Foreign exchange forward transactions shall be accounted for in accordance with Article 16 of Guideline ECB/2010/20.
   Article 17
   Foreign exchange swaps
   Foreign exchange swaps shall be accounted for in accordance with Article 17 of Guideline ECB/2010/20.
   Article 18
   Future contracts
   Future contracts shall be accounted for in accordance with Article 18 of Guideline ECB/2010/20.
   Article 19
   Interest rate swaps
   Interest rate swaps shall be accounted for in accordance with Article 19 of Guideline ECB/2010/20. Unrealised losses taken to the profit and loss account at the year-end shall be amortised in subsequent years in accordance with the straight-line method. For forward interest rate swaps the amortisation shall begin from the value date of the transaction.
   Article 20
   Forward rate agreements
   Forward rate agreements shall be accounted for in accordance with Article 20 of Guideline ECB/2010/20.
   Article 21
   Forward transactions in securities
   Forward transactions in securities shall be accounted for in accordance with Method A in Article 21(1) of Guideline ECB/2010/20.
   Article 22
   Options
   Options shall be accounted for in accordance with Article 22 of Guideline ECB/2010/20.
   CHAPTER V

      ANNUAL PUBLISHED BALANCE SHEET AND PROFIT AND LOSS ACCOUNT

   Article 23
   Formats
   1.   The format of the ECB’s published annual balance sheet shall follow the format in Annex II.
   2.   The format of the ECB’s published profit and loss account shall comply with Annex III.
   CHAPTER VI

      FINAL PROVISIONS

   Article 24
   Development, application and interpretation of rules
   1.   In interpreting this Decision, account shall be taken of the preparatory work, the accounting principles harmonised by Union law and generally accepted international accounting standards.
   2.   If a specific accounting treatment is not laid down in this Decision and in the absence of a decision to the contrary by the Governing Council, the ECB shall follow valuation principles in accordance with International Accounting Standards as adopted by the European Union, which are relevant to the ECB’s activities and accounts.
   Article 25
   Repeal
   Decision ECB/2006/17 is hereby repealed. References to the repealed Decision shall be construed as references to this Decision and shall be read in accordance with the correlation table in Annex V.
   Article 26
   Entry into force
   This Decision shall enter into force on 31 December 2010.

      Done at Frankfurt am Main, 11 November 2010.

            The President of the ECB

         Jean-Claude TRICHET

      (1)  OJ L 348, 11.12.2006, p. 38.

      (2)  OJ L 348, 11.12.2006, p. 1.

      (3)  See page 31 of this official Journal.

      ANNEX I

         COMPOSITION AND VALUATION RULES FOR THE BALANCE SHEET

         Note: the numbering relates to the balance sheet format given in Annex II.
      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 one 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’
                              Securities issued by supranational or international organisations, e.g. the European Investment Bank, irrespective of their geographical location

                              (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 Annex I to Guideline ECB/2000/7 of 31 August 2000 on monetary policy instruments and procedures of the Eurosystem (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 issued in the euro area held for monetary policy purposes. ECB debt certificates purchased for fine-tuning purposes

                              (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 (cost when the impairment is covered by a provision under liability item 13(b) ‘Provisions’)
                              Any premiums or discounts are amortised

                              (c)

                              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 of 13 December 2010 on the issue of euro banknotes (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, 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 Annex I to Guideline ECB/2000/7

                              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 Annex I to Guideline ECB/2000/7. 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, 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

                              (b)

                              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)

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

                              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)  OJ L 310, 11.12.2000, p. 1.

         (2)  See page 26 of this Official Journal. Decision ECB/2010/29 adopted before publication of Decision ECB/2010/21.

      ANNEX II

         ANNUAL BALANCE SHEET OF THE ECB

                  (EUR million)

                  Assets (2)

                  Reporting year

                  Previous year

                  Liabilities

                  Reporting year

                  Previous year

                              1.

                              Gold and gold receivables

                              2.

                              Claims on non-euro area residents denominated in foreign currency

                              2.1.

                              Receivables from the IMF

                              2.2.

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

                              3.

                              Claims on euro area residents denominated in foreign currency

                              4.

                              Claims on non-euro area residents denominated in euro

                              4.1.

                              Balances with banks, security investments and loans

                              4.2.

                              Claims arising from the credit facility under ERM II

                              5.

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

                              5.1.

                              Main refinancing operations

                              5.2.

                              Longer-term refinancing operations

                              5.3.

                              Fine-tuning reverse operations

                              5.4.

                              Structural reverse operations

                              5.5.

                              Marginal lending facility

                              5.6.

                              Credits related to margin calls

                              6.

                              Other claims on euro area credit institutions denominated in euro

                              7.

                              Securities of euro area residents denominated in euro

                              7.1.

                              Securities held for monetary policy purposes

                              7.2.

                              Other securities

                              8.

                              General government debt denominated in euro

                              9.

                              Intra-Eurosystem claims

                              9.1.

                              Claims related to the issuance of ECB debt certificates

                              9.2.

                              Claims related to the allocation of euro banknotes within the Eurosystem

                              9.3.

                              Other claims within the Eurosystem (net)

                              10.

                              Items in course of settlement

                              11.

                              Other assets

                              11.1.

                              Coins of euro area

                              11.2.

                              Tangible and intangible fixed assets

                              11.3.

                              Other financial assets

                              11.4.

                              Off-balance-sheet instruments revaluation differences

                              11.5.

                              Accruals and prepaid expenses

                              11.6.

                              Sundry

                              12.

                              Loss for the year

                              1.

                              Banknotes in circulation

                              2.

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

                              2.1.

                              Current accounts (covering the minimum reserve system)

                              2.2.

                              Deposit facility

                              2.3.

                              Fixed-term deposits

                              2.4.

                              Fine-tuning reverse operations

                              2.5.

                              Deposits related to margin calls

                              3.

                              Other liabilities to euro area credit institutions denominated in euro

                              4.

                              ECB debt certificates issued

                              5.

                              Liabilities to other euro area residents denominated in euro

                              5.1.

                              General government

                              5.2.

                              Other liabilities

                              6.

                              Liabilities to non-euro area residents denominated in euro

                              7.

                              Liabilities to euro area residents denominated in foreign currency

                              8.

                              Liabilities to non-euro area residents denominated in foreign currency

                              8.1.

                              Deposits, balances and other liabilities

                              8.2.

                              Liabilities arising from the credit facility under ERM II

                              9.

                              Counterpart of special drawing rights allocated by the IMF

                              10.

                              Intra-Eurosystem liabilities

                              10.1.

                              Liabilities equivalent to the transfer of foreign reserves

                              10.2.

                              Other liabilities within the Eurosystem (net)

                              11.

                              Items in course of settlement

                              12.

                              Other liabilities

                              12.1.

                              Off-balance-sheet instruments revaluation differences

                              12.2.

                              Accruals and income collected in advance

                              12.3.

                              Sundry

                              13.

                              Provisions

                              14.

                              Revaluation accounts

                              15.

                              Capital and reserves

                              15.1.

                              Capital

                              15.2.

                              Reserves

                              16.

                              Profit for the year

                  Total assets

                  Total liabilities

         (1)  The ECB may alternatively publish exact euro amounts, or amounts rounded in a different manner.

         (2)  The table of assets may also be published above the table of liabilities.

      ANNEX III

         PUBLISHED PROFIT AND LOSS ACCOUNT OF THE ECB

                  (EUR million)

                  Profit and loss account for the year ending 31 December …

                  Reporting year

                  Previous year

                                 1.1.1.

                              Interest income on foreign reserve assets

                                 1.1.2.

                              Interest income arising from the allocation of euro banknotes within the Eurosystem

                                 1.1.3.

                              Other interest income

                                 1.1.

                              Interest income

                                 1.2.1.

                              Remuneration of NCBs’ claims in respect of foreign reserves transferred

                                 1.2.2.

                              Other interest expense

                                 1.2.

                              Interest expense

                              1.

                              Net interest income

                                 2.1.

                              Realised gains/losses arising from financial operations

                                 2.2.

                              Write-downs on financial assets and positions

                                 2.3.

                              Transfer to/from provisions for foreign exchange rate, interest rate, credit and gold price risks

                              2.

                              Net result of financial operations, write downs and risk provisions

                                 3.1.

                              Fees and commissions income

                                 3.2.

                              Fees and commissions expense

                              3.

                              Net income/expense from fees and commissions (2)

                              4.

                              Income from equity shares and participating interests

                              5.

                              Other income

                     Total net income

                              6.

                              Staff costs (3)

                              7.

                              Administrative expenses (3)

                              8.

                              Depreciation of tangible and intangible fixed assets

                              9.

                              Banknote production services (4)

                              10.

                              Other expenses

                     (Loss)/profit for the year

         (1)  The ECB may alternatively publish exact euro amounts, or amounts rounded in a different manner.

         (2)  The breakdown between income and expenses may alternatively be provided in the explanatory notes to the annual accounts.

         (3)  This includes administrative provisions.

         (4)  This item is used in the case of outsourced banknote production (for the cost of the services provided by external companies in charge of the production of banknotes on behalf of the central banks). It is recommended that the costs incurred in connection with the issue of euro banknotes should be taken to the profit and loss account as they are invoiced or otherwise incurred, see also Guideline ECB/2010/20.

      ANNEX IV

         REPEALED DECISION AND SUCCESSIVE AMENDMENTS

                  Decision ECB/2006/17

                     OJ L 348, 11.12.2006, p. 38.

                  Decision ECB/2007/21

                     OJ L 42, 16.2.2008, p. 83.

                  Decision ECB/2008/22

                     OJ L 36, 5.2.2009, p. 22.

                  Decision ECB/2009/19

                     OJ L 202, 4.8.2009, p. 54.

                  Decision ECB/2009/29

                     OJ L 348, 29.12.2009, p. 57.

      ANNEX V

         CORRELATION TABLE

                  Decision ECB/2006/17

                  This Decision

                  —

                  Article 11

                  Article 10a

                  Article 12

                  Article 11

                  Article 13

                  Article 12

                  Article 14

                  Article 13

                  Article 15

                  Article 14

                  Article 16

                  Article 15

                  Article 17

                  Article 16

                  Article 18

                  Article 17

                  Article 19

                  Article 18

                  Article 20

                  Article 19

                  Article 21

                  Article 20

                  Article 22

                  Article 21

                  Article 23

                  Article 22

                  Article 24

                  Article 23

                  Article 25

                  Article 24

                  Article 26


title: 2006/719/EC: Council Decision of 5 October 2006 on the accession of the Community to the Hague Conference on Private International Law

text:
               26.10.2006

               EN

               Official Journal of the European Union

               L 297/1

      COUNCIL DECISION

   of 5 October 2006
   on the accession of the Community to the Hague Conference on Private International Law
   (2006/719/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 61(c), in conjunction with the first subparagraph of Article 300(2) and the second subparagraph of Article 300(3) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the assent of the European Parliament (1),
   Whereas:

               (1)

               The objective of the Hague Conference on Private International Law (HCCH) is to work for the progressive unification of the rules of private international law. The HCCH has to date adopted a substantial number of conventions in different fields of private international law.

               (2)

               Since the entry into force of the Treaty of Amsterdam, the Community has competence to adopt measures in the field of judicial cooperation in civil matters having cross-border implications insofar as necessary for the proper functioning of the internal market. The Community has exerted this competence by adopting a number of instruments, many of which coincide, partially or fully, with the areas of work of the HCCH.

               (3)

               It is essential that the Community be granted a status that corresponds to its new role as a major international player in the field of civil judicial cooperation and that it be able to exercise its external competence by participating as a full member in the negotiations of conventions by the HCCH in areas of its competence.

               (4)

               By decision of 28 November 2002, the Council authorised the Commission to negotiate the conditions and modalities of Community accession to the HCCH.

               (5)

               By a joint letter from the Commission and the Presidency to the HCCH of 19 December 2002, the Community applied to become a member of the HCCH, and requested the opening of negotiations.

               (6)

               In April 2004, a Special Commission on General Affairs and Policy of the HCCH expressed the unanimous view that, as a matter of principle, the Community should become a Member of the HCCH and determined certain criteria and procedures for the modalities of its membership.

               (7)

               In June 2005, the Diplomatic Conference of the HCCH adopted by consensus the amendments to the Statute of the HCCH (Statute) necessary to allow the accession of a Regional Economic Integration Organisation and the Members of the HCCH were subsequently invited to cast their votes on the amendments, if possible within a period of nine months.

               (8)

               The amendments to the Statute will enter into force three months after the Secretary General of the HCCH has informed the Members that the required two-thirds majority for amending the Statute has been reached. Shortly after the entry into force, an extraordinary meeting of the Council on General Affairs and Policy will formally decide upon the Community's accession to the HCCH.

               (9)

               The outcome of the negotiations on the revision of the Statute is satisfactory, taking into account the interests of the Community.

               (10)

               Article 2A of the revised Statute entitles the Community, as a Regional Economic Integration Organisation, to become a Member of the HCCH.

               (11)

               The Community should accede to the HCCH.

               (12)

               In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on the European Union and the Treaty establishing the European Community, the United Kingdom and Ireland are taking part in the adoption of this Decision.

               (13)

               In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on the European Union and the Treaty establishing the European Community, Denmark does not take part in the adoption of this Decision and is not bound by it or subject to its application,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   1.   The Community shall accede to the Hague Conference on Private International Law (HCCH) by means of the declaration of acceptance of the Statute of the HCCH (Statute), as set out in Annex I to this Decision, as soon as the HCCH has taken the formal decision to admit the Community as a Member.
   2.   The Community shall also deposit a declaration of competence specifying the matters in respect of which competence has been transferred to it by its Member States, as set out in Annex II to this Decision, and a declaration on certain matters concerning the HCCH, as set out in Annex III to this Decision.
   3.   The President of the Council is hereby authorised to carry out such procedures as may be necessary to give effect to paragraphs 1 and 2.
   4.   The text of the Statute is attached to this Decision as Annex IV.
   5.   For the purpose of this Decision the term ‘Member State’ shall mean Member States with the exception of Denmark.

      Done at Luxembourg, 5 October 2006.

            For the Council

            The President

         K. RAJAMÄKI

      (1)  Not yet published on the Official Journal.

      ANNEX I
      Instrument of accession to the Hague Conference on Private International Law

                  Mr J.H.A. VAN LOON

                  Secretary-General

                  Hague Conference on Private International Law

                  Scheveningseweg 6

                  2517 THE HAGUE

                  Netherlands

            Dear Sir,
      I have the honour to inform you that the European Community has decided to accede to the Hague Conference on Private International Law. I therefore ask you to accept this instrument, by which the European Community accepts the Statute of the Hague Conference on Private International Law in accordance with Article 2A thereof. I enclose a declaration by the European Community specifying the matters in respect of which competence has been transferred to it by its Member States and a declaration on certain matters concerning the Hague Conference on Private International Law.
      The European Community formally and without reservation accepts the obligations arising from its membership of the Hague Conference on Private International Law, as set out in the Statute, and formally undertakes to fulfil the obligations upon it at the time of its accession.
      I have the honour to be, Sir, yours faithfully,
      President of the Council of the European Union

      ANNEX II
      Declaration of competence of the European Community specifying the matters in respect of which competence has been transferred to it by its Member States

                  1.

                  This Declaration is given pursuant to Article 2A(3) of the Statute of the Hague Conference on Private International Law and specifies the matters in respect of which competence has been transferred to the European Community by its Member States.

                  2.

                  The European Community has internal competence to adopt general and specific measures relating to private international law in various fields in its Member States. In respect of matters within the purview of the HCCH, the European Community notably has competence under Title IV of the EC Treaty to adopt measures in the field of judicial cooperation in civil matters having cross-border implications insofar as necessary for the proper functioning of the internal market (Articles 61(c) and 65 EC Treaty). Such measures include:

                              (a)

                              improving and simplifying the system for cross-border service of judicial and extrajudicial documents; cooperation in the taking of evidence; the recognition and enforcement of decisions in civil and commercial cases, including decisions in extrajudicial cases;

                              (b)

                              promoting the compatibility of the rules applicable in the Member States concerning the conflict of laws and of jurisdiction;

                              (c)

                              eliminating obstacles to the good functioning of civil proceedings, if necessary by promoting the compatibility of the rules on civil procedure applicable in the Member States.

                  3.

                  In areas which do not fall within its exclusive competence, the European Community shall take action, in accordance with the principle of subsidiarity, only if and insofar as the objectives of the proposed action cannot be sufficiently achieved by Member States and can therefore, by reason of the scale or effects of the proposed action, be better achieved by the European Community. Any action by the European Community shall not go beyond what is necessary to achieve the objectives.

                  4.

                  Furthermore, the European Community has competence in other fields which can be subject to conventions of the HCCH, as in the field of the internal market (Article 95 EC Treaty) or consumer protection (Article 153 EC Treaty).

                  5.

                  The European Community has made use of its competence by adopting a number of instruments under Article 61(c) of the EC Treaty, such as:

                              —

                              Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings,

                              —

                              Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters,

                              —

                              Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction, recognition and enforcement in civil and commercial matters,

                              —

                              Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters,

                              —

                              Council Directive 2003/8/EC of 27 January 2003 to improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid for such disputes,

                              —

                              Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgements in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000, and

                              —

                              Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims.

                        Provisions on private international law can also be found in other Community legislation, notably in the area of consumer protection, insurance, financial services and intellectual property. Thus, the Community Directives affected by the Hague Convention on the Law Applicable to Certain Rights of Securities held with an Intermediary were adopted on the basis of Article 95 of the EC Treaty.

                  6.

                  Even if there is no explicit reference to external competence in the EC Treaty, it results from the jurisprudence of the Court of Justice of the European Communities that the provisions of the EC Treaty referred to above constitute legal bases not only for internal acts of the Community, but also for the conclusion of international agreements by the Community. The Community may conclude international agreements whenever the internal competence has already been used in order to adopt measures for implementing common policies, as listed above, or if international agreement is necessary to obtain one of the European Community's objectives (1). The Community's external competence is exclusive to the extent to which an international agreement affects internal Community rules or alters their scope (2). Where this is the case, it is not for the Member States but for the Community to enter into external undertakings with third States or International Organisations. An international agreement can fall entirely or only to some extent within exclusive Community competence.

                  7.

                  Community instruments are normally binding for all Member States. Concerning Title IV of the EC Treaty which comprises the legal basis for judicial cooperation in civil matters, a special regime applies to Denmark, Ireland and the United Kingdom. Measures taken under Title IV of the EC Treaty are not binding upon or applicable in Denmark. Ireland and the United Kingdom take part in legal instruments adopted under Title IV of the EC Treaty if they notify the Council to that effect. Ireland and the United Kingdom have decided to opt in on all measures listed at point 5 above.

                  8.

                  The extent of competence which the Member States have transferred to the European Community pursuant to the EC Treaty is, by its nature, liable to continuous development. The European Community and its Member States will ensure that any change in the Community's competences will be promptly notified to the Secretary-General of the HCCH as stipulated in Article 2A(4) of the Statute.

         (1)  Opinion 1/76 of the Court of Justice, ECR 1977, p. 741; Opinion 2/91, ECR 1993, p. I-1061; Case 22/70 (AETR); Commission v Council, ECR 1971, p. 263; Case-C-467/98 (open skies), Commission v Denmark, ECR 2002, p. I-9519.

         (2)  Case 22/70 (‘AETR’), Commission v Council, Case-C-467/98 (‘open skie’), Commission v. Denmark.

      ANNEX III
      Declaration by the Community on certain matters concerning the Hague Conference on Private International law
      The European Community endeavours to examine whether it is in its interest to join existing Hague Conventions in respect of which there is Community competence. Where this interest exists, the European Community, in cooperation with the HCCH, will make every effort to overcome the difficulties resulting from the absence of a clause providing for the accession of a Regional Economic Integration Organisation to those Conventions.
      The European Community further endeavours to make it possible for representatives of the Permanent Bureau of the HCCH to take part in meetings of experts organised by the Commission of the European Communities where matters of interest to the HCCH are being discussed.

      ANNEX IV
      STATUTE OF THE HAGUE CONFERENCE ON PRIVATE INTERNATIONAL LAW
      The Governments of the countries hereinafter specified:
      the Federal Republic of Germany, Austria, Belgium, Denmark, Spain, Finland, France, Italy, Japan, Luxembourg, Norway, the Netherlands, Portugal, the United Kingdom of Great Britain and Northern Ireland, Sweden and Switzerland;
      In view of the permanent character of the Hague Conference on Private International Law;
      Desiring to stress that character;
      Having, to that end, deemed it desirable to provide the Conference with a Statute;
      Have agreed upon the following provisions:
      Article 1
      The purpose of the Hague Conference is to work for the progressive unification of the rules of private international law.
      Article 2
      Members of the Hague Conference on Private International Law are the States which have already participated in one or more Sessions of the Conference and which accept the present Statute.
      Any other State, the participation of which is from a juridical point of view of importance for the work of the Conference, may become a Member. The admission of new Member States shall be decided upon by the Governments of the participating States, upon the proposal of one or more of them, by a majority of the votes cast, within a period of six months from the date on which that proposal is submitted to the Governments.
      The admission shall become effective upon the acceptance of the present Statute by the State concerned.
      Article 2A
      1.   The Member States may, at a meeting concerning General Affairs and Policy where the majority of Member States is present, by a majority of the votes cast, decide to admit also as a Member any Regional Economic Integration Organisation which has submitted an application for membership to the Secretary General. References to Members under this Statute shall include such Member Organisations, except as otherwise expressly provided. The admission shall become effective upon the acceptance of the Statute by the Regional Economic Integration Organisation concerned.
      2.   To be eligible to apply for membership of the Conference, a Regional Economic Integration Organisation must be one constituted solely by sovereign States to which its Member States have transferred competence over a range of matters within the purview of the Conference, including the authority to make decisions binding on its Member States in respect of those matters.
      3.   Each Regional Economic Integration Organisation applying for membership shall, at the time of such application, submit a declaration of competence specifying the matters in respect of which competence has been transferred to it by its Member States.
      4.   Each Member Organisation and its Member States shall ensure that any change regarding the competence of the Member Organisation or in its membership shall be notified to the Secretary General, who shall circulate such information to the other Members of the Conference.
      5.   Member States of the Member Organisation shall be presumed to retain competence over all matters in respect of which transfers of competence have not been specifically declared or notified.
      6.   Any Member of the Conference may request the Member Organisation and its Member States to provide information as to whether the Member Organisation has competence in respect of any specific question which is before the Conference. The Member Organisation and its Member States shall ensure that this information is provided on such request.
      7.   The Member Organisation shall exercise membership rights on an alternative basis with its Member States that are Members of the Conference, in the areas of their respective competences.
      8.   The Member Organisation may exercise on matters within its competence, in any meetings of the Conference in which it is entitled to participate, a number of votes equal to the number of its Member States which have transferred competence to the Member Organisation in respect of the matter in question, and which are entitled to vote in and have registered for such meetings. Whenever the Member Organisation exercises its right to vote its Member States shall not exercise theirs, and conversely.
      9.   ‘Regional Economic Integration Organisation’ means an international organisation that is constituted solely by sovereign States, and to which its Member States have transferred competence over a range of matters, including the authority to make decisions binding on its Member States in respect of those matters.
      Article 3
      1.   The Council on General Affairs and Policy (hereafter the Council), composed of all Members, has charge of the operation of the Conference. Meetings of the Council shall, in principle, be held annually.
      2.   The Council ensures such operation through a Permanent Bureau the activities of which it directs.
      3.   The Council shall examine all proposals intended to be placed on the agenda of the Conference. It shall be free to determine the action to be taken on such proposals.
      4.   The Netherlands Standing Government Committee, instituted by Royal Decree of February 20 1897 with a view to promoting the codification of private international law, shall, after consultation with the Members of the Conference, determine the date of the Diplomatic Sessions.
      5.   The Standing Government Committee shall address itself to the Government of the Netherlands for the convocation of the Members. The Chair of the Standing Government Committee presides over the Sessions of the Conference.
      6.   The Ordinary Sessions of the Conference shall, in principle, be held every four years.
      7.   If necessary, the Council may, after consultation with the Standing Government Committee, request the Government of the Netherlands to convene the Conference in Extraordinary Session.
      8.   The Council may consult the Standing Government Committee on any other matter relevant to the Conference.
      Article 4
      1.   The Permanent Bureau shall have its seat at The Hague. It shall be composed of a Secretary General and four Secretaries who shall be appointed by the Government of the Netherlands upon presentation by the Standing Government Committee.
      2.   The Secretary General and the Secretaries must possess appropriate legal knowledge and practical experience. In their appointment account shall also be taken of diversity of geographic representation and of legal expertise.
      3.   The number of Secretaries may be increased after consultation with the Council and in accordance with Article 9.
      Article 5
      Under the direction of the Council, the Permanent Bureau shall be charged with:

                  (a)

                  the preparation and organisation of the Sessions of the Hague Conference and the meetings of the Council and of any Special Commissions;

                  (b)

                  the work of the Secretariat of the Sessions and meetings envisaged above;

                  (c)

                  all the tasks which are included in the activity of a secretariat.

            Article 6
      1.   With a view to facilitating communication between the Members of the Conference and the Permanent Bureau, the Government of each of the Member States shall designate a national organ and each Member Organisation a contact organ.
      2.   The Permanent Bureau may correspond with all the organs so designated and with the competent international organisations.
      Article 7
      1.   The Sessions and, in the interval between Sessions, the Council, may set up Special Commissions to prepare draft Conventions or to study all questions of private international law which come within the purpose of the Conference.
      2.   The Sessions, Council and Special Commissions shall, to the furthest extent possible, operate on the basis of consensus.
      Article 8
      1.   The budgeted costs of the Conference shall be apportioned among the Member States of the Conference.
      2.   A Member Organisation shall not be required to contribute in addition to its Member States to the annual budget of the Conference, but shall pay a sum to be determined by the Conference, in consultation with the Member Organisation, to cover additional administrative expenses arising out of its membership.
      3.   In any case, travelling and living expenses of the delegates to the Council and the Special Commissions shall be payable by the Members represented.
      Article 9
      1.   The budget of the Conference shall be submitted each year to the Council of Diplomatic Representatives at The Hague for approval.
      2.   These Representatives shall also apportion among the Member States the expenses which are charged in that budget to the latter.
      3.   The Diplomatic Representatives shall meet for such purposes under the chairmanship of the Minister of Foreign Affairs of the Kingdom of the Netherlands.
      Article 10
      1.   The expenses resulting from the Ordinary and Extraordinary Sessions of the Conference shall be borne by the Government of the Netherlands.
      2.   In any case, the travelling and living expenses of the delegates shall be payable by the respective Members.
      Article 11 (French text only)

         Les usages de la Conférence continuent à être en vigueur pour tout ce qui n'est pas contraire au présent Statut ou aux Règlements.

      Article 12
      1.   Amendments to the present Statute must be adopted by consensus of the Member States present at a meeting concerning General Affairs and Policy.
      2.   Such amendments shall enter into force, for all Members, three months after they are approved by two thirds of the Member States in accordance with their respective internal procedures, but not earlier than nine months from the date of their adoption.
      3.   The meeting referred to in paragraph 1 may change by consensus the periods of time referred to in paragraph 2.
      Article 13
      To provide for their execution, the provisions of the present Statute will be complemented by Regulations. The Regulations shall be established by the Permanent Bureau and submitted to a Diplomatic Session, the Council of Diplomatic Representatives or the Council on General Affairs and Policy for approval.
      Article 14
      1.   The present Statute shall be submitted for acceptance to the Governments of States which participated in one or more Sessions of the Conference. It shall enter into force as soon as it is accepted by the majority of the States represented at the Seventh Session.
      2.   The statement of acceptance shall be deposited with the Netherlands Government, which shall make it known to the Governments referred to in the first paragraph of this Article.
      3.   The Netherlands Government shall, in the case of the admission of a new Member, inform all Members of the statement of acceptance of that new Member.
      Article 15
      1.   Each Member may denounce the present Statute after a period of five years from the date of its entry into force under the terms of Article 14(1).
      2.   Notice of the denunciation shall be given to the Ministry of Foreign Affairs of the Kingdom of the Netherlands at least six months before the expiration of the budgetary year of the Conference, and shall become effective at the expiration of the said year, but only with respect to the Member which has given notice thereof.
      The English and French texts of this Statute, as amended on…….. 200..., are equally authentic.


title: Council Decision (EU, Euratom) 2017/869 of 16 May 2017 appointing a member of the Court of Auditors

text:
               20.5.2017

               EN

               Official Journal of the European Union

               L 131/22

         COUNCIL DECISION (EU, Euratom) 2017/869
   of 16 May 2017
   appointing a member of the Court of Auditors
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 286(2) thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
   Having regard to the proposal by Hungary,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               The term of office of Mr Szabolcs FAZAKAS expired on 6 May 2016.

               (2)

               A new appointment should therefore be made,

         HAS ADOPTED THIS DECISION:
   Article 1
   Ms Ildikó GÁLL-PELCZ is hereby appointed member of the Court of Auditors for the period from 1 September 2017 to 31 August 2023.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 16 May 2017.

            For the Council

            The President

         L. GRECH

      (1)  Opinion of 27 April 2017 (not yet published in the Official Journal).