title: Decision No 283/2010/EU of the European Parliament and of the Council of 25 March 2010 establishing a European Progress Microfinance Facility for employment and social inclusion

text:
               7.4.2010

               EN

               Official Journal of the European Union

               L 87/1

         DECISION No 283/2010/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 25 March 2010
   establishing a European Progress Microfinance Facility for employment and social inclusion
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 175(3) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Having regard to the opinion of the Committee of the Regions (2),
   Acting in accordance with the ordinary legislative procedure (3),
   Whereas:

               (1)

               On 7 April 2000 the Commission adopted a communication entitled ‘Acting locally for employment — a local dimension for the European employment strategy’.

               (2)

               The Commission communication of 13 November 2007 entitled ‘A European initiative for the development of microcredit in support of growth and employment’ identified four priority areas for action: improving the legal and institutional environment in the Member States, changing the climate in favour of employment and entrepreneurship, promoting best practices and providing additional financial capital for microfinance institutions. As a first step in implementing this agenda, the Commission and the European Investment Bank (EIB) created Jasmine (Joint action to support microfinance institutions in Europe) in 2008 which provides mentoring for non-bank microcredit finance institutions and a financing window for a global amount of EUR 20 million offered by the EIB.

               (3)

               The Commission communication of 24 May 2006 entitled ‘Promoting decent work for all — the EU contribution to the implementation of the decent work agenda in the world’ set out the importance of decent work for all as did the European Parliament resolution of 23 May 2007 on promoting decent work for all (4).

               (4)

               The leaders’ statement following the G-20 Summit in Pittsburgh on 24 and 25 September 2009 contained a commitment to improving access to financial services for the poor, for example through microfinance. The leaders also committed themselves to launching an international financial inclusion expert group which will identify lessons learned on innovative approaches to providing financial services to the poor, promote successful regulatory and policy approaches and elaborate standards on access to financing, financial literacy, and consumer protection.

               (5)

               The European Parliament in its resolution of 24 March 2009 with recommendations to the Commission on a European initiative for the development of microcredits in support of growth and employment requested that the Commission strengthen its efforts to develop microcredits in support of growth and employment. Furthermore, the European Parliament approved an additional EUR 4 million of support for a pilot action to be implemented in the context of the Jasmine framework. The European Parliament also called on the Commission to co-finance projects for microcredits in particular for disadvantaged target groups.

               (6)

               The ongoing efforts of the Union and of the Member States need to be strengthened to increase the access to, and availability of, microfinance to a sufficient scale and within a reasonable time-frame so as to address the high demand of those who need it most in this period of crisis — that is, those who have lost their job, those at risk of losing their job or who have difficulties entering or re-entering the labour market, as well as those who are facing the threat of social exclusion or vulnerable people who are in a disadvantaged position with regard to access to the conventional credit market and who want to start or further develop their own micro-enterprise, including self-employment — whilst actively promoting equal opportunities for women and men.

               (7)

               The Commission communication of 3 June 2009 entitled ‘A shared commitment for employment’ underlined the need to offer a new chance to unemployed persons and open the road to entrepreneurship for some of Europe’s most disadvantaged groups who have difficulty in accessing the conventional credit market. In addition to existing instruments, specific action is needed to further strengthen economic and social cohesion by reinforcing activities undertaken by the EIB and the European Investment Fund (EIF) and other international financial institutions without prejudice to the activities of the Member States. The Commission therefore announced a proposal for a new EU-wide microfinance facility (hereinafter the Facility) to extend the outreach of microfinance to particular at-risk groups and to further support the development of entrepreneurship, the social economy and micro-enterprises. In order for the Facility to be effective, to have a long-lasting impact, to reach the potential beneficiaries and to serve as a proactive element for both economic and local development policies, Member States can establish a national contact point to promote, coordinate, assess and monitor all the actions taken under the Facility in their respective territories.

               (8)

               An increasing amount of microfinance to vulnerable people who are in a disadvantaged position with regard to access to the conventional credit market in the European Union is provided by non-commercial microfinance institutions, credit unions and banks implementing corporate social responsibility. The Facility should help these providers, which supplement the commercial banking market, by increasing the availability of microfinance to meet the current levels of demand.

               (9)

               In many cases the providers of microfinance in the European Union are commercial banks and should become important partners in the Facility, with a view to re-establishing trust in the credit market and with a focus mainly on customers with no credit standing.

               (10)

               Public and private bodies providing microfinance under this Decision should comply with principles of responsible lending and thereby avoid, in particular, over-indebtedness of persons and undertakings.

               (11)

               In addition to the difficulty of gaining access to finance, social exclusion and the uncertainties of the transition from unemployment or social welfare to self-employment are among the main obstacles to setting up and developing micro-enterprises. European microfinancing instruments can help to support the structures of the social economy which assist people who are excluded with social reintegration and which help them to develop the minimum skills required in order to undertake a lasting business project.

               (12)

               Using Union resources is appropriate and responds to the abovementioned resolution of the European Parliament of 24 March 2009. Furthermore, a single EU-wide facility will concentrate leverage from international financial institutions and avoid a dispersed approach thus increasing microfinance supply in all Member States. In order to capitalise on the experience of international financial institutions and in particular the EIB and the EIF, the Facility should be established on the basis of joint management.

               (13)

               The actions financed by the Facility should be coherent and compatible with other Union policies and comply with the provisions of the Treaty and of acts adopted under it. The activities of the Facility should be complementary to other Union interventions, in particular the Competitiveness and Innovation Framework Programme (CIP) financial instruments, Jasmine, European Agricultural Fund for Rural Development (EAFRD), European Regional Development Fund (ERDF), Jeremie (Joint European resources for micro to medium enterprises initiative) and the European Social Fund (ESF).

               (14)

               For the purposes of this Decision, ‘microfinance’ should include guarantees, microcredit, equity and quasi-equity extended to persons and micro-enterprises covered by this Decision, microcredit being defined as loans under EUR 25 000. The Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (5) defines a ‘micro-enterprise’ as an enterprise employing less than 10 people, including self-employment, and whose annual turnover and/or annual balance sheet total does not exceed EUR 2 million, which should be an appropriate definition for the purposes of this Decision.

               (15)

               For the purposes of this Decision and in line with national provisions, ‘micro-enterprise in the social economy’ should mean a micro-enterprise which produces goods and services with a clear social mission or which provides services to members of the community with a non-profit purpose.

               (16)

               The Facility should be implemented through an appropriate range of actions that include risk-sharing, guarantees, equity and debt instruments offered by international financial institutions to providers of microfinance. In order to increase its effectiveness, the Facility should be coordinated and implemented consistently with European and national financial instruments and national financial institutions,

         HAVE ADOPTED THIS DECISION:
   Article 1
   Establishment
   A European microfinance facility for employment and social inclusion, called the European Progress Microfinance Facility (hereinafter the Facility), is hereby established.
   Article 2
   Objective
   1.   The Facility shall provide Union resources to increase access to, and availability of, microfinance for:

               (a)

               persons who have lost or are at risk of losing their job, or who have difficulties entering or re-entering the labour market, as well as persons who are facing the threat of social exclusion or vulnerable persons who are in a disadvantaged position with regard to access to the conventional credit market and who want to start or further develop their own micro-enterprise, including self-employment;

               (b)

               micro-enterprises, especially in the social economy, as well as micro-enterprises which employ persons referred to in point (a).

         2.   The Facility shall provide Union resources for access to microfinance, and actively promote equal opportunities for women and men.
   Article 3
   Budget
   1.   The financial contribution from the Union budget for the Facility for the period from 1 January 2010 to 31 December 2013 shall be EUR 100 million.
   2.   The annual appropriations shall be decided during the annual budgetary procedure, including, if necessary, by application of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (6), or by other means provided for in that Agreement.
   3.   The total budget for support measures referred to in point (d) of Article 4(1) shall not exceed 1 % of the budget of the Facility set out in paragraph 1 of this Article.
   4.   The financial contribution shall cover the full cost of the Facility, including management fees for international financial institutions referred to in Article 5(2) managing the Union contribution as well as any other eligible costs.
   Article 4
   Eligible actions and beneficiaries
   1.   The Facility shall be implemented by using the following types of actions, as appropriate:

               (a)

               guarantees and risk-sharing instruments;

               (b)

               equity instruments;

               (c)

               debt instruments;

               (d)

               support measures, such as communication activities, monitoring, control, audit and evaluation which are directly necessary for the effective and efficient implementation of this Decision and for the achievement of its objectives.

         2.   The Facility shall be open to public and private bodies established on national, regional and local levels in the Member States which provide microfinance to persons and micro-enterprises in the Member States.
   3.   In order to reach the final beneficiaries and to create competitive and viable micro-enterprises, the public and private bodies referred to in paragraph 2 shall cooperate closely with organisations engaged in representing the interests of the final beneficiaries of microcredit and with organisations, in particular those supported by the ESF, who provide mentoring and training programmes to those final beneficiaries.
   Article 5
   Management
   1.   The Commission shall manage the Facility in accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (7).
   2.   To implement the actions referred to in Article 4(1), with the exception of the support measures referred to in point (d) of Article 4(1), the Commission shall conclude agreements with international financial institutions, in particular with the EIB and the EIF, in accordance with Article 53d of Regulation (EC, Euratom) No 1605/2002 and Article 43 of Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 (8). Those agreements shall contain detailed provisions for the implementation of the tasks entrusted to those financial institutions, including provisions specifying the need to ensure additionality and coordination with existing European and national financial instruments, and to promote a comprehensive and balanced coverage between the Member States.
   3.   In order to meet the objective set out in Article 2 and implement the actions set out in Article 4, the agreements referred to in paragraph 2 of this Article shall, furthermore, include an obligation on the part of the international financial institutions to re-invest the resources and proceeds, including dividends and reimbursements, in actions referred to under points (a), (b) or (c) of Article 4(1) for a period of six years after the starting date of the Facility.
   4.   Upon closure of the Facility, the remaining balance due to the European Union shall be repaid to the general budget of the European Union.
   5.   The international financial institutions referred to in paragraph 2 of this Article shall conclude written agreements with the public and private providers of microfinance referred to in Article 4(2) laying down their obligations to use the resources made available from the Facility in accordance with the objectives set out in Article 2 and to provide information for the establishment of the annual reports referred to in Article 8(1).
   6.   The budget for support measures referred to in point (d) of Article 4(1) shall be managed by the Commission.
   Article 6
   Compliance
   Actions financed by the Facility shall comply with the provisions of the Treaty and of acts adopted under it.
   Article 7
   Protection of the Union’s financial interests
   1.   The Commission shall ensure that, when actions financed under this Decision are implemented, the financial interests of the Union are protected by the application of measures to prevent fraud, corruption and any other illegal activities, by effective checks and by the recovery of amounts unduly paid and, if irregularities are detected, by effective, proportional and dissuasive penalties, in accordance with Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (9), Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (10), and Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (11).
   2.   For the Union actions financed under this Decision, OLAF has the power to carry out investigations on the basis of Regulation (EC, Euratom) No 2988/95 and Regulation (Euratom, EC) No 2185/96, which shall apply to any infringement of a provision of Union law, including infringements of a contractual obligation stipulated on the basis of the Facility, resulting from an act or omission by an economic operator, which has, or would have, the effect of prejudicing the general budget of the European Union or budgets managed by it, by an unjustified item of expenditure.
   3.   All implementing measures resulting from this Decision shall include a reference to paragraphs 1 and 2 of this Article and provide, in particular, for supervision and financial control by the Commission or any representative authorised by it, and by audits by the European Court of Auditors, including, if necessary, on-the-spot audits.
   Article 8
   Annual report
   1.   The international financial institutions referred to in Article 5(2) shall transmit to the Commission annual implementation reports setting out the supported activities in terms of financial implementation, distribution and accessibility of funding with regard to sectors and type of beneficiaries, applications accepted or rejected, contracts concluded, actions funded and results.
   2.   No later than 8 April 2011 and each year thereafter, the Commission shall present to the European Parliament and to the Council a quantitative and qualitative annual report on the activities undertaken under this Decision in the previous year. The annual report shall be based on the implementation reports referred to in paragraph 1. It shall, in particular, contain information relating to applications adopted or rejected, contracts concluded, actions funded, the total number and type of beneficiaries and the distribution of amounts geographically and per sector.
   The annual report shall moreover contain information on the impact and sustainability of the Facility expressed by the total number of persons and micro-enterprises which are still employed or in business at the end of the period of support provided to them through the Facility. Finally the annual report will include information on complementarity with other Union interventions, notably the ESF.
   3.   Following the presentation of the third annual report and on the basis of a proposal by the Commission, the European Parliament and the Council may review this Decision.
   4.   The annual report referred in paragraph 2 will be transmitted, for information, to the European Economic and Social Committee and the Committee of the Regions.
   5.   Based on the annual report referred to in paragraph 2 of this Article, the Commission shall make efforts to ensure that the Facility meets the objective set out in Article 2 and is accessible across the European Union to those who are at risk of social exclusion or who are finding it difficult to access the conventional credit market.
   Article 9
   Evaluation
   1.   The Commission shall carry out interim and final evaluations at its own initiative and in close cooperation with the international financial institutions referred to in Article 5(2). The interim evaluation shall be completed four years after the start of the Facility and the final evaluation at the latest one year after the end of the mandate(s) given to the international financial institutions referred to in Article 5(2). The final evaluation shall, in particular, examine the extent to which the Facility as a whole has achieved its objectives.
   2.   The results of the evaluations will be transmitted, for information, to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.
   Article 10
   Entry into force
   This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

      Done at Brussels, 25 March 2010.

            For the European Parliament

            The President

         J. BUZEK

            For the Council

            The President

         D. LÓPEZ GARRIDO

      (1)  OJ C 318, 23.12.2009, p. 80.

      (2)  Opinion delivered on 7 October 2009 (not yet published in the Official Journal).

      (3)  Position of the European Parliament of 15 December 2009 (not yet published in the Official Journal) and decision of the Council of 8 March 2010.

      (4)  OJ C 102 E, 24.4.2008, p. 321.

      (5)  OJ L 124, 20.5.2003, p. 36.

      (6)  OJ C 139, 14.6.2006, p. 1.

      (7)  OJ L 248, 16.9.2002, p. 1.

      (8)  OJ L 357, 31.12.2002, p. 1.

      (9)  OJ L 312, 23.12.1995, p. 1.

      (10)  OJ L 292, 15.11.1996, p. 2.

      (11)  OJ L 136, 31.5.1999, p. 1.


Avis juridique important

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31989D0494

89/494/EEC/EURATOM/ECSC: Decision of the European Parliament of 13 April 1989 granting discharge to the Commission in respect of the implementation of the Budget of the European Communities for the 1987 financial year concerning sections I - Parliament, II - Council, III - Commission, IV - Court of justice and V - Court of auditors

Official Journal L 247 , 23/08/1989 P. 0001 - 0007

DECISION OF THE EUROPEAN PARLIAMENTof 13 April 1989granting discharge to the Commission  in respect of the implementation of the budget of the European Communities for the financial year  1987 concerning Sections I - Parliament, II - Council, III - Commission, IV - Court of Justice and V - Court of Auditors(89/494/EEC/Euratom/ECSC) THE EUROPEAN PARLIAMENT, - having regard to the Treaty establishing the European Coal and Steel Community, and in particular  Article 78g thereof, - having regard to the Treaty establishing the European Economic Community, and in particular  Article 206b thereof, - having regard to the Treaty establishing the European Atomic Energy Community, and in particular  Article 180b thereof, - having regard to the budget fot the 1987 financial year, - having regard to the revenue and expenditure account and the balance sheet relating to the 1987  fincancial year, - having regard to the report of the Court of Auditors concerning the 1987 financial year  accompanied by the replies of the institutions (1), - having regard to the report of the Committee on Budgetary Control and the opinions of the  Committee on Energy, Research and Technology, the Committee on External Economic Relations, the  Committee on Social Affairs and Employment, the Committee on Regional Policy and Regional Planning,  the Committee on Transport, the Committee on the Environment, Public Health and Consumer  Protection, the Committee on Youth, Culture, Education, Information and Sport and the Committee on  Women's Rights (Doc. A 2-23/89), 1. Notes that authorized revenue and expenditure for the 1987 financial year totalled:  ECUECU-Revenue36 170 572 115-Appropriations for commitments: -Appropriations authorized in the general budget37 452 818 172-Appropriations remaining from  the 1986 financial year or made available as a result of cancellations of commitments in the 1987  financial year2 345 500 160-Appropriations corresponding to revenue from services rendered to  third parties3 160 25539 801 478 587-Appropriations for payments36 170 572 1152. Grants discharge to the Commission in respect of the implementation of the budget on the basis of  the following amounts: ECUECU(a)Revenue-Own resources35 497 773 598-Financial contributions210 629 680-Other  revenue74 941 52235 783 344 800(b)Expenditure-Payments made from the appropriation for the  financial year34 110 985 289-Appropriations carried over to the 1988 financial year1 358 175  83735 469 161 126 (c)Balance for the 1987 financial year+ 521 561 395Calculated as follows: -Revenue for the financial year35 783 344 800-Payments from the appropriations for the  financial year34 110 985 289-Appropriations carried over to the 1988 financial year1 358 175  837  35 469 161 126Difference314 183 674-Appropriations carried over from 1986 which have  lapsed+ 189 440 147-Exchange difference in the 1987 financial year+  17 937 574Balance for the  1987 financial year521 561 395This balance reflects the accounting situation only and does not  include expenditure actually incurred during this year(d)Utilization of appropriations for  commitments38 489 462 581(e)Balance sheet at 31 December 1987:   >TABLE>3. Records its comments in the resolution which forms part of this Decision; 4. Instructs its President to forward this Decision and the resolution embodying its comments to the  Commission, the Council, the Court of Justice, the Court of Auditors and the European Investment  Bank and the have them published in the Official Journal of the European Communities (L Series). Done at Strasbourg, 13 April 1989. The Secretary-GeneralThe PresidentEnrico VINCILord PLUMB(1) OJ N° C  316, 12. 12. 1988, p. 1.


Avis juridique important

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32001D0914

2001/914/EC: Decision of the European Central Bank of 6 December 2001 on the allocation of monetary income of the national central banks of participating Member States from the financial year 2002 (ECB/2001/16)

Official Journal L 337 , 20/12/2001 P. 0055 - 0061

Decision of the European Central Bankof 6 December 2001on the allocation of monetary income of the national central banks of participating Member States from the financial year 2002(ECB/2001/16)(2001/914/EC)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 referred to as the "Statute"), and in particular to Article 32 thereof,Whereas:(1) According to Article 32.1 of the Statute, monetary income is the income accruing to the national central banks (NCBs) in the performance of the monetary policy function. Under the provisions of Article 32.2 of the Statute, the amount of each NCB's monetary income shall be equal to its annual income derived from its assets held against notes in circulation and deposit liabilities to credit institutions. These assets are to be earmarked by NCBs in accordance with the guidelines of the Governing Council. As from the financial year 2003, NCBs should earmark the assets ensuing from the performance of the monetary policy function as assets held against the notes in circulation and deposit liabilities to credit institutions. According to Article 32.4 of the Statute, the amount of each NCB's monetary income shall be reduced by an amount equivalent to any interest paid by that NCB on its deposit liabilities to credit institutions in accordance with Article 19 of the Statute.(2) Pursuant to Article 32.5 of the Statute, the sum of the monetary income of the NCBs shall be allocated to them in proportion to their paid-up shares in the capital of the European Central Bank (ECB).(3) According to Article 32.6 and Article 32.7 of the Statute, the Governing Council of the ECB is empowered to establish guidelines for the clearing and settlement by the ECB of the balances arising from the allocation of monetary income and to take all other measures necessary for the application of Article 32 of the Statute.(4) Pursuant to Article 10 of Council Regulation (EC) 974/98 of 3 May 1998 on the introduction of the euro(1), from 1 January 2002, the ECB and the NCBs (hereinafter referred to as the "Eurosystem") shall put into circulation banknotes denominated in euro. Article 15 of this Regulation provides for the continuation of the legal tender status of banknotes denominated in national currency units during a maximum period of six months after the end of the transitional period. The year 2002 should thus be regarded as a special year, since banknotes in circulation denominated in national currency units may still account for a considerable proportion of the total value of Eurosystem banknotes in circulation and with different patterns in Member States. This situation is comparable to the situation from 1999 to 2001 and, therefore, for the financial year 2002 monetary income should be calculated by a method analogous to that provided for in Decision ECB/2000/19 of 3 November 1998 as amended by Decision of 14 December 2000 on the allocation of monetary income of the national central banks of participating Member States and losses of the ECB for the financial years 1999 to 2001(2) in order to ensure that changes in the patterns of banknotes circulation do not significantly affect the relative income positions of NCBs. For 2002, Article 32.3 of the Statute allows the Governing Council to decide, by way of derogation from Article 32.2, that monetary income be measured according to an alternative method.(5) Article 9(1) of Guideline ECB/2001/1 of 10 January 2001 adopting certain provisions on the 2002 cash changeover(3) provides that euro banknotes frontloaded to credit institutions or to their appointed agents shall be debited in their respective accounts with the NCBs, as the case may be, for their face value, according to the following "linear debiting model": one third of the frontloaded sum on 2 January 2002, one third on 23 January 2002, and the last third on 30 January 2002. The calculation of monetary income for the year 2002 needs to take account of this "linear debiting model".(6) This Decision is related to Decision ECB/2001/15 of 6 December 2001 on the issue of euro banknotes(4) that provides that the ECB and the NCBs shall issue euro banknotes. Decision ECB/2001/15 establishes the allocation of euro banknotes in circulation to the NCBs in proportion to their paid-up shares in the capital of the ECB. The same Decision allocates to the ECB 8 % of the total value of euro banknotes in circulation. The allocation of euro banknotes among Eurosystem members gives rise to intra-Eurosystem balances. The remuneration of these intra-Eurosystem balances on euro banknotes in circulation has a direct effect on the income of each Eurosystem member, and therefore it should be regulated under this Decision. The income accruing to the ECB on the remuneration of its intra-Eurosystem claims on NCBs related to its share of euro banknotes in circulation should in principle be distributed to the NCBs in accordance with the decisions of the Governing Council, in proportion to their shares in the subscribed capital key in the same financial year it accrues.(7) The net balance of the intra-Eurosystem claims and liabilities on euro banknotes in circulation should be remunerated by applying an objective criterion defining the cost of money. In this context, the main refinancing operations rate used by the Eurosystem in its tenders for main refinancing operations is regarded as appropriate.(8) The net intra-Eurosystem liabilities on euro banknotes in circulation should be included in the liability base for the purposes of the calculation of the NCBs monetary income under Article 32.2 of the Statute as they are equivalent to banknotes in circulation. The settlement of interest on intra-Eurosystem balances on euro banknotes in circulation will therefore result in the distribution of a substantial amount of the Eurosystem's monetary income among NCBs in proportion to their paid-up shares in the capital of the ECB. These intra-Eurosystem balances should be adjusted to allow for a gradual adaptation of the NCBs' balance sheets and profit and loss accounts. The adjustments should be based on the value of banknotes in circulation of each NCB during a period prior to the introduction of euro banknotes. These adjustments should take account of the special circumstances of the year 2002, during which Member States have different changeover scenarios, and during which credit institutions will increase to different levels their normal cash holdings, and should apply on a yearly basis in accordance with a fixed formula for no more than five years thereafter.(9) The adjustments to the intra-Eurosystem balances on euro banknotes in circulation have been calculated in order to compensate for any significant changes in the NCBs' income positions as a consequence of the introduction of the euro banknotes and the subsequent allocation of monetary income. The Governing Council has therefore decided not to have recourse to the derogation from Article 32 of the Statute, allowed by Article 51 of the Statute.(10) The adjustments to the intra-Eurosystem balances on euro banknotes in circulation need to take account of the special situation of the Grand Duchy of Luxembourg arising from its recent monetary history.(11) The Governing Council of the ECB has adopted this Decision with the expectation that its economic results and the financial equilibrium that such economic results entail remain unchanged during the period of application of Article 4 of this Decision and, therefore, it is the firm commitment of the Governing Council of the ECB to ensure the maintenance of the regime provided for by this Decision until 31 December 2007,HAS DECIDED AS FOLLOWS:Article 1DefinitionsFor the purposes of this Decision:(a) "participating Member States" shall mean the Member States which have adopted the single currency in accordance with the Treaty establishing the European Community';(b) "NCBs" shall mean the national central banks of the participating Member States;(c) "liability base" shall be the amount of qualifying liabilities, within the balance sheet of each NCB, specified in accordance with Annex I to this Decision;(d) "earmarkable assets" shall be the amount of assets held against the liability base, within the balance sheet of each NCB, specified in accordance with Annex II to this Decision;(e) "intra-Eurosystem balances on euro banknotes in circulation" shall mean the claims and liabilities arising between a NCB and the ECB and between a NCB and the other NCBs as a result of the application of Article 4 of Decision ECB/2001/15 of 6 December 2001 on the issue of euro banknotes;(f) "subscribed capital key" shall mean the percentages that result from applying to the NCBs the weighting in the key referred to in Article 29.1 of the Statute and as laid down in Decision ECB/1998/13 of 1 December 1998 on the national central banks' percentage shares in the key for the capital of the European Central Bank(5);(g) "credit institutions" shall mean credit institutions subject to minimum reserve requirements under Regulation ECB/1998/15(6) on the application of minimum reserves, as amended by Regulation ECB/2000/8(7);(h) "HBS" shall mean the harmonised balance sheet as structured in Annex IX to the Guideline ECB/2000/18 on the legal framework of accounting and reporting in the European System of Central Banks as amended on 15 December 1999 and 14 December 2000(8);(i) "reference rate" shall be the latest available marginal interest rate used by the Eurosystem in its tenders for main refinancing operations under paragraph 3.1.2 of Annex I to Guideline ECB/2000/7 of 31 August 2000 on monetary policy instruments and procedures of the Eurosystem(9). Where more than one main refinancing operation is conducted for settlement on the same day, a simple average of the marginal rates of the operations conducted in parallel is used.Article 2Intra-Eurosystem balances on euro banknotes in circulation1. The intra-Eurosystem balances on euro banknotes in circulation shall be calculated on a monthly basis and shall be recorded in the books of the ECB and the NCBs on the first business day of the month with a value date of the last business day of the preceding month.The first calculation of the intra-Eurosystem balances on euro banknotes in circulation under the previous paragraph shall be made for frontloaded euro banknotes on 2 January 2002 with a value date of 1 January 2002.2. The intra-Eurosystem balances on euro banknotes in circulation, including those resulting from the application of Article 4 of this Decision, shall be remunerated at the reference rate.3. The remuneration referred to in the previous paragraph shall be settled by Target payments on a quarterly basis.4. In derogation from the previous paragraph, for the financial year 2002, the remuneration referred to in paragraph 2 shall be settled at the end of the year.Article 3Method for measuring monetary income1. In 2002, the amount of each NCB's monetary income shall be determined in accordance with the following formula:>REFERENCE TO A GRAPHIC>,whereby:MI is the amount of each NCB's monetary income to be pooled,LB is the liability base of each NCB,RR is the reference rate.2. From 2003 the amount of each NCB's monetary income shall be determined by measuring the actual income that derives from the earmarkable assets recorded in its books. As an exception thereof, gold shall be considered to generate no income.3. Where the value of a NCB's earmarkable assets exceeds or falls short of the value of its liability base, the difference shall be offset by applying to the value of the difference the average rate of return on the earmarkable assets of all NCBs taken together.This average rate of return shall be calculated in the following manner. The total income accrued by all NCBs on their earmarkable assets, excluding all income arising from net intra-Eurosystem claims resulting from TARGET transactions (Annex II, A.3) and net intra-Eurosystem claims on euro banknotes in circulation including those resulting from the application of Article 4 (Annex II, A.4), shall be divided by the average amount of the total earmarkable assets of the Eurosystem. The average rate of return shall be applied on a 360 days basis.Article 4Adjustments to intra-Eurosystem balances1. For the purposes of monetary income calculation, each NCB's intra-Eurosystem balances on euro banknotes in circulation shall be adjusted by a compensatory amount determined in accordance with the following formula:>REFERENCE TO A GRAPHIC>,whereby:CA is the compensatory amount,K is the amount for each NCB that results from the application of the subscribed capital key to the average value of banknotes in circulation during the period 1 July 1999 to 30 June 2001,A is the average value for each NCB of banknotes in circulation during the period 1 July 1999 to 30 June 2001,C is the following coefficient for each financial year:>TABLE>2. The sum of the compensatory amounts of the NCBs shall be 0.3. The compensatory amounts and the accounting entries to balance those compensatory amounts shall be recorded on separate intra-Eurosystem accounts in the books of each NCB with a value date of 1 January on the first business day of each year. The accounting entries to balance the compensatory amounts shall not be remunerated.4. In the event that the value of euro banknotes that the Banque centrale du Luxembourg puts into circulation in 2002 exceeds the average value of its banknotes in circulation during the period from 1 July 1999 to 30 June 2001 by 25 % or more, letter "A" in the formula of paragraph 1 shall be for the Banque centrale du Luxembourg the value of banknotes put into circulation by the Banque centrale du Luxembourg in 2002 up to a maximum limit of EUR 2,2 billion. Upon application of this derogation, all compensatory amounts calculated on the basis of Article 4(1) shall be subject to retroactive adjustments at the end of 2002, in order to ensure compliance with paragraph 2. Such retroactive adjustments shall be in proportion to the subscribed capital key.5. In derogation from paragraph 1, upon the occurrence of specific contingencies relative to changes in patterns of banknote circulation as described in Annex III to this Decision, each NCB's intra-Eurosystem balances on euro banknotes in circulation shall be adjusted in accordance with the provisions set out in that Annex.6. The adjustments to intra-Eurosystem balances provided for in this Article shall cease to apply from 1 January 2008.Article 5Calculation and allocation of monetary income1. The calculation of each NCB's monetary income shall be effected by the ECB on a daily basis. The calculation shall be based on accounting data reported by NCBs to the ECB. The ECB shall inform the NCBs of the cumulative amounts on a quarterly basis.2. The amount of each NCB's monetary income shall be reduced by an amount equivalent to any interest accrued or paid on liabilities included within the liability base, and in accordance with any decision of the Governing Council of the ECB under the second paragraph of Article 32.4 of the Statute.3. The allocation of the sum of each NCB's monetary income in proportion to the subscribed capital key shall take place at the end of each financial year.Article 6Final provisions1. This Decision shall enter into force on 1 January 2002.2. This Decision shall be published in the Official Journal of the European Communities.Done at Frankfurt am Main, 6 December 2001.On behalf of the Governing Council of the ECBWillem F. Duisenberg(1) OJ L 139, 11.5.1998, p. 1.(2) OJ L 336, 30.12.2000, p. 119.(3) OJ L 55, 24.2.2001, p. 80.(4) See page 52 of this Official Journal.(5) OJ L 125, 19.5.1999, p. 33.(6) OJ L 356, 30.12.1998, p. 1.(7) OJ L 229, 9.9.2000, p. 34.(8) OJ L 33, 2.2.2001, p. 21.(9) OJ L 310, 11.12.2000, p. 1.ANNEX ICOMPOSITION OF THE LIABILITY BASEA. The liability base shall include, with the exclusion of any other item:1. banknotes in circulationIn the financial year 2002, for the purposes of this Annex and for each NCB, "banknotes in circulation":(i) shall also include banknotes issued by it and denominated in its national currency unit; and(ii) shall be reduced by the value of the non-remunerated loans related to frontloaded euro banknotes that have not been yet debited (part of asset item 6 of the harmonised balance sheet (HBS)).From the financial year 2003, for the purposes of this Annex and for each NCB, "banknotes in circulation" shall include banknotes denominated in euro, to the exclusion of any other banknotes;2. liabilities to euro area credit institutions related to monetary policy operations denominated in euro, including:(a) current accounts including minimum reserve requirements under Article 19.1 of the Statute (liability item 2.1 of the HBS);(b) amounts in deposit under the Eurosystem deposit facility (liability item 2.2 of the HBS);(c) fixed-term deposits (liability item 2.3 of the HBS);(d) liabilities arising from fine-tuning reverse operations (liability item 2.4 of the HBS);(e) deposits related to margin calls (liability item 2.5 of the HBS);3. intra-Eurosystem liabilities of NCBs arising from the issue to the ECB of promissory notes backing the issuance of ECB debt certificates under Chapter 3.3 of Annex I to Guideline ECB/2000/7 (liability item 10.2 of the HBS);4. net intra-Eurosystem liabilities resulting from TARGET transactions (part of liability item 10.3 of the HBS);5. net intra-Eurosystem liabilities on euro banknotes in circulation, including those resulting from the application of Article 4 of this Decision.B. The amount of each NCB's liability base shall be calculated in accordance with the harmonised accounting principles and rules established in Guideline ECB/2000/18 on the legal framework of accounting and reporting in the European System of Central Banks as amended on 15 December 1999 and 14 December 2000.(1)(1) OJ L 33, 2.2.2001, p. 21.ANNEX IIEARMARKABLE ASSETSA. Earmarkable assets shall include, with the exclusion of any other item:1. lending to euro area credit institutions related to monetary policy operations denominated in euro (asset item 5 of the harmonised balance sheet (HBS));2. intra-Eurosystem claims equivalent to the transfer of foreign reserve assets other than gold to the ECB under Article 30 of the Statute (part of asset item 9.2 of the HBS);3. net intra-Eurosystem claims resulting from TARGET transactions (part of asset item 9.4 of the HBS);4. net intra Eurosystem claims on euro banknotes in circulation including those resulting from the application of Article 4 of this Decision;5. gold, including claims in respect of gold transferred to the ECB, in an amount permitting each NCB to earmark a proportion of its gold that corresponds to the application of its share in the subscribed capital key to the total amount of gold earmarked by all NCBs. (asset item 1 and part of asset item 9.2 of the HBS).For the purposes of this Decision, and at least until the calculation of monetary income for the financial year 2007, gold shall be valued on the basis of the gold price in euro per fine ounce as at 31 December 2002.B. The value of each NCB's earmarkable assets shall be calculated in accordance with the harmonised accounting principles and rules established in Guideline ECB/2000/18 on the legal framework of accounting and reporting in the European System of Central Banks as amended on 15 December 1999 and 14 December 2000(1).(1) OJ L 33, 2.2.2001, p. 21.ANNEX IIISPECIAL CONTINGENT ADJUSTMENTSA. First contingent adjustmentIn the event that the total average of banknotes in circulation in 2002 is lower than the total average of banknotes, denominated in the national currency of the Member States that have adopted the euro, in the period of 1 July 1999 to 30 June 2001, the coefficient "C" applying to the financial year 2002 in accordance with Article 4(1) shall be reduced with retroactive effect in the same proportion as the decrease in the total average of banknotes in circulation.The reduction shall not result in a coefficient lower than 0,8606735. Upon application of this derogation, one quarter of the resulting reduction to the NCBs compensatory amounts "CA" applicable in the year 2002 shall be added to each of the NCBs compensatory amounts applicable in 2004, 2005, 2006, and 2007 under Article 4(1).B. Second contingent adjustmentIn the event that those NCBs for which the compensatory amount referred to in Article 4(1) is a positive figure, pay net remuneration on intra-Eurosystem balances on banknotes in circulation that, when added to the item "net result of pooling of monetary income" in their profit and loss account at the end of the year, results in a net expense, the coefficient "C" applying to the financial year 2002 in accordance with Article 4(1) shall be reduced to the extent necessary to eliminate this condition.The reduction shall not result in a coefficient lower than 0,8606735. Upon application of this derogation, one quarter of the resulting reduction to the NCBs compensatory amounts "CA" applicable in the year 2002 shall be added to each of the NCBs compensatory amounts applicable in 2004, 2005, 2006, and 2007 under Article 4(1).


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31991D0370

91/370/EEC: Council Decision of 20 June 1991 on the conclusion of the Agreement between the European Economic Community and the Swiss Confederation concerning direct insurance other than life assurance

Official Journal L 205 , 27/07/1991 P. 0002 - 0002

COUNCIL DECISION of 20 June 1991 on the conclusion of the Agreement between the European Economic Community and the Swiss Confederation concerning direct insurance other than life assurance (91/370/EEC)THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular the last sentence of Article 57 (2) and Article 235 thereof,  Having regard to the proposal from the Commission (1),  In cooperation with the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas it is desirable to approve the Agreement with Switzerland concerning direct insurance other than life assurance, signed at Luxembourg on 10 October 1989,  HAS DECIDED AS FOLLOWS:  Article 1  The Agreement between the European Economic Community and the Swiss Confederation concerning direct insurance other than life assurance is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Decision.  Article 2  The President of the Council shall take the measures necessary for the exchange of instruments provided for in Article 44 of the Agreement (4).  Done at Luxembourg, 20 June 1991.  For the Council The President R. GOEBBELS  (1) OJ No C 53, 5. 3. 1990, p. 1. (2) OJ No C 72, 18. 3. 1991, p. 175, and Decision of 12 June 1991 (not yet published in the Official Journal). (3) OJ No C 56, 7. 3. 1990, p. 27. (4) The date of entry into force of the Agreement will be published in the Official Journal of the European Communities by the General-Secretariat of the Council.


title: 2007/370/EC: Council Decision of 14 May 2007 appointing seven Greek members and five Greek alternate members to the Committee of the Regions

text:
               1.6.2007

               EN

               Official Journal of the European Union

               L 140/47

      COUNCIL DECISION

   of 14 May 2007
   appointing seven Greek members and five Greek alternate members to the Committee of the Regions
   (2007/370/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal from the Greek Government,
   Whereas:

               (1)

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

               (2)

               Six members’ seats on the Committee of the Regions have become vacant following the end of the mandates of Mr CHATZOPOULOUS, Mr STAMATIS, Ms BAKOYANNI, Mr KARAVOLAS, Mr KAMARAS and Mr TZANIKOS. One member’s seat has become vacant following the resignation of Mr TZATZANIS. Five alternate members’ seats on the Committee of the Regions have become vacant following the end of the mandates of Mr GEORGAKIS, Mr KOUTSOULIS, Mr MACHIMARIS, Mr SPARTSIS and Mr SPYRIDON,

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

               (a)

               as members:

                           —

                           Mr Panayotis PSOMIADIS, Prefect of Thessaloniki, in place of Mr Christos CHATZOPOULOS,

                           —

                           Mr Georgios PAPASTERGIOU, Prefect of Pieria, in place of Mr Dimitrios STAMATIS,

                           —

                           Mr Nikitas KAKLAMANIS, Mayor of Athens, in place of Ms Theodora BAKOYANNI,

                           —

                           Mr Andreas FOURAS, Mayor of Patras, in place of Mr Andreas KARAVOLAS,

                           —

                           Mr Grigorios ZAFIROPOULOS, Mayor of Chalandri (Athens), in place of Mr Pavlos KAMARAS,

                           —

                           Mr Dimitrios TSINGOUNIS, Mayor of Leonidio (Arcadia) in place of Mr Panayotis TZANIKOS,

                           —

                           Mr Konstantinos TZATZANIS, Counsellor, Prefecture of Piraeus, in place of Mr Konstantinos TZATZANIS, Municipal Counsellor, Piraeus,

         and,

               (b)

               as alternate members:

                           —

                           Mr Konstantinos KONTOYORGOS, Prefect of Evritania, in place of Mr Theodoros GEORGAKIS,

                           —

                           Mr Dimitrios DRAKOS, Prefect of Messinia, in place of Mr Georgios KOUTSOULIS,

                           —

                           Mr Dimitrios KALOGEROPOULOS, Mayor of Aigaleo (Athens), in place of Mr Georgios MACHIMARIS,

                           —

                           Mr Dimitrios PREVEZANOS, Counsellor, Municipality of Skiathos (Magnissia), in place of Mr Ioannis SPARTSIS,

                           —

                           Mr Spyros SPYRIDON, Counsellor, Prefecture of Athens — Piraeus in place of Mr Spyros SPYRIDON Mayor of Poros.

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

      Done at Brussels, 14 May 2007.

            For the Council

            The President

         F.-W. STEINMEIER

      (1)  OJ L 56, 25.2.2006, p. 75.


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31994D0089

Council Decision of 22 December 1993 on the conclusion of the Agreements concerning the extension of the adaptations to the voluntary restraint Agreements between the European Community and Bulgaria, the Czech Republic, the Slovak Republic, Hungary and Poland on trade in mutton, lamb and goatmeat

Official Journal L 047 , 18/02/1994 P. 0043

COUNCIL DECISION of 22 December 1993 on the conclusion of  the Agreements concerning the extension of the adaptations to the voluntary restraint Agreements  between the European Community and Bulgaria, the Czech Republic, the Slovak Republic, Hungary and  Poland on trade in mutton, lamb and goatmeat (94/89/EC)THE COUNCIL OF THE EUROPEAN  UNION, Having regard to the Treaty establishing the European Community, and in particular Article 113 in  conjunction with Article 228 (2) thereof, Having regard to the proposal from the Commission, Whereas the voluntary restraint Agreements concluded between the European Community and Bulgaria,  the Czech Republic, the Slovak Republic, Hungary and Poland on trade in mutton, lamb and goatmeat  were adapted in 1990 in the context of measures taken to stabilize the markets in this sector; Whereas the said adaptations will cease to have effect on 31 December 1993; Whereas it is necessary to provide for interim arangements for trade in the sheepmeat and goatmeat  sectors pending the conclusion of the negotiations regarding agricultural trade in the framework of  the General Agreement on Tariffs and Trade; Whereas the Community has negotiated Agreements with the Czech Republic and the Slovak Republic  following the dissolution of the Czech and Slovak Federal Republic; whereas those Agreements  provide for the quantities covered by the voluntary restraint Agreement concluded with the Czech  and Slovak Federal Republic to be divided between the two States which have replaced it; Whereas account should be taken of the implications of the implementation of the Single Market from  1 January 1993; Whereas it is appropriate in these circumstances to extend the adaptations to the said voluntary  restraint Agreements for one year; Whereas the Commission has conducted negotiations in this connection with Bulgaria, the Czech  Republic, the Slovak Republic, Hungary and Poland which have resulted in Agreements; Whereas the Agreements should be approved, HAS DECIDED AS FOLLOWS: Article 1 The Agreements in the form of exchanges of letters between the European Community and Bulgaria, the  Czech Republic, the Slovak Republic, Hungary and Poland concerning the extension of the adaptations  to the voluntary restraint Agreements between the European Community and Bulgaria, the Czech  Republic, the Slovak Republic, Hungary and Poland on trade in mutton, lamb and goatmeat are hereby  approved on behalf of the European Community. The texts of the Agreements are attached to this Decision. Article 2 The President of the Council is hereby authorized to designate the person empowered to sign the  Agreements in order to bind the Community. This Decision shall be published in the Official Journal of the European Communities. Done at Brussels, 22 December 1993. For the Council The President J.-M. DEHOUSSE


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32000D0309

2000/309/EC: Council Decision of 17 April 2000 appointing a Belgian member and two Belgian alternate members of the Committee of the Regions

Official Journal L 103 , 28/04/2000 P. 0076 - 0076

Council Decisionof 17 April 2000appointing a Belgian member and two Belgian alternate members of the Committee of the Regions(2000/309/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,Having regard to the Council Decision of 26 January 1998(1) appointing the members and alternate members of the Committee of the Regions,Whereas a seat as a member of the Committee of the Regions has become vacant following the resignation of Mr Charles Picque and two seats as alternate members of the Committee of the Regions have become vacant following the resignation of Mr Hervé Hasquin and Mr Rufin Grijp notified to the Council on 3 November and 15 December 1999 respectively,Having regard to the proposal from the Belgian Government,HAS DECIDED AS FOLLOWS:Sole Article1. Mr François Roelants du Vivier is hereby appointed a member of the Committee of the Regions in place of Mr Charles Picque for the remainder of his term of office, which runs until 25 January 2002.2. Mr Eric Tomas and Ms Annemie Neyts-Uyttebroeck are hereby appointed alternate members of the Committee of the Regions in place of Mr Hervé Hasquin and Mr Rufin Grijp for the remainder of their term of office, which runs until 25 January 2002.Done at Luxembourg, 17 April 2000.For the CouncilThe PresidentL. Capoulas Santos(1) OJ L 28, 4.2.1998, p. 19.


title: 2012/231/EU: Council Decision of 23 April 2012 on the signing on behalf of the European Union of the Agreement in the form of an Exchange of Letters between the European Union and Brazil pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions with respect to processed poultrymeat provided for in the EU Schedule annexed to GATT 1994, and of the Agreement in the form of an Exchange of Letters between the European Union and Thailand pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions with respect to processed poultrymeat provided for in the EU Schedule annexed to GATT 1994

text:
               1.5.2012

               EN

               Official Journal of the European Union

               L 117/1

         COUNCIL DECISION
   of 23 April 2012
   on the signing on behalf of the European Union of the Agreement in the form of an Exchange of Letters between the European Union and Brazil pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions with respect to processed poultrymeat provided for in the EU Schedule annexed to GATT 1994, and of the Agreement in the form of an Exchange of Letters between the European Union and Thailand pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions with respect to processed poultrymeat provided for in the EU Schedule annexed to GATT 1994
   (2012/231/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first paragraph of Article 207(4) in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 25 May 2009 the Council authorised the Commission to open negotiations under Article XXVIII of the GATT 1994 with a view to the renegotiation of concessions on poultrymeat tariff lines under Chapter 16 of the Combined Nomenclature as provided for in Article 1 of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1) (hereinafter ‘CN’).

               (2)

               Those negotiations resulted in Agreements in the form of Exchanges of Letters initialled with Thailand on 22 November 2011 and with Brazil on 7 December 2011 (hereinafter ‘the Agreements’).

               (3)

               The Agreements should be signed,

         HAS ADOPTED THIS DECISION:
   Article 1
   The President of the Council is hereby authorised to designate the person(s) empowered to sign on behalf of the Union the Agreement in the form of an Exchange of Letters between the European Union and Brazil pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions with respect to processed poultrymeat provided for in the EU Schedule annexed to GATT 1994, and the Agreement in the form of an Exchange of Letters between the European Union and Thailand pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions with respect to processed poultrymeat provided for in the EU Schedule annexed to GATT 1994 (2).
   Article 2
   This Decision shall enter into force on the day following that of its adoption.

      Done at Luxembourg, 23 April 2012.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 256, 7.9.1987, p. 1.

      (2)  The texts of the Agreements will be published together with the decisions on their conclusion.


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32000D0545

2000/545/EC: Decision of the European Parliament of 6 July 2000 giving discharge in respect of implementation of the general budget of the European Union for the 1998 financial year - Section I - European Parliament/Ombudsman Annex

Official Journal L 234 , 16/09/2000 P. 0020 - 0023

Decision of the European Parliamentof 6 July 2000giving discharge in respect of implementation of the general budget of the European Union for the 1998 financial year - Section I - European Parliament/Ombudsman Annex(2000/545/EC)THE EUROPEAN PARLIAMENT,Having regard to its Rules of Procedure, and in particular Rule 184(3) thereof,Having regard to Article 77 of the Financial Regulation and Article 13 of the Internal Rules for the implementation of the European Parliament's budget,Having regard to its resolution of 13 April 2000 postponing the decision on giving discharge in respect of implementation of the general budget for the 1998 financial year - Section I - European Parliament/Ombudsman Annex [SEC(1999) 414 - C5-0008/1999 - 1999/2051(DEC)],Having regard to the information provided by its Secretary General in response to the specific instructions contained in paragraph 33 of the aforementioned decision,Having regard to the fact that the giving of discharge has been linked to the issue of financing of the political groups and parties, which goes beyond the administrative remit of the Secretary General,Having regard to the report of the Committee on Budgetary Control (A5-0189/2000),1. Recalls that:(a) the figures closing the accounts of the institution for the 1998 financial year were adopted in the context of the abovementioned resolution of 13 April 2000;(b) the abovementioned resolution instructed the Secretary General to take a number of steps, aimed at improving financial and administrative management in Parliament; including the following, with deadlines:- by 1 June 2000, proposal of concrete measures to reverse the increase in use of the exceptional direct treaty procedure, for which calls for tenders should be substituted, including measures to train and improve the qualifications of Parliament's staff involved in the awarding of contracts,- by 1 June 2000, the Committee on Budgetary Control to be informed of progress made in introducing the new inventory system,- by 30 June 2000, a report to be submitted on the conclusions from the current reform process in the Commission relating to staffing policy,- by 1 July 2000, the Bureau to submit options for an accurate action and financing plan, particularly for the Louise Weiss Building in Strasbourg, including a legal assessment taking account of the state of the negotiations,- in good time before the first reading of the 2001 budget, submission of a report assessing whether it is advisable to assign the European Parliament sole responsibility for the management of its freelance interpreting needs;(c) it called on the Court of Auditors:- to deliver an opinion in the very near future on whether the procedure adopted for funding the Altiero Spinelli building is applicable to future projects in the light of the amendments which have now been made to the Financial Regulation and the rules on awarding public service contracts,- to submit a special report on the practice of awarding contracts for security services for EP buildings, including an examination of whether it is economically feasible;(d) paragraph 33 of the abovementioned resolution called for the following additional information and action before the discharge was given:- that an action plan be presented to reduce dramatically the number of restricted tenders and direct agreements,- that the 1998 inventory be completed and presented,- that the appropriate bodies be informed about the progress of current disciplinary procedures, especially those linked to cases lost in the Court of Justice,- that a long-term buildings policy be presented, including financing, new investments and expected total costs, as well as an action plan to avoid contractual obligations limiting the European Parliament's possibilities for open tendering,- that a timetable be presented for the administrative reform of Parliament,- that the new contracts authorised for the security and guarding of the buildings in Strasbourg be in full accordance with the rules, especially on calls for tender,- that, in the light of the final report of the Court of Auditors on the expenditure of political groups, the latter take specific measures to rectify the disclosed shortcomings within two months of receiving the report.2. Takes note of the information put at the disposal of the Committee on Budgetary Control outlining the action taken and the undertakings made, which should allow for a more efficient use of approprations earmarked for the institution. Considers its Judgement to have been confirmed that postponing the discharge for 1998 had a constructive effect and spurred Parliament's administration on to greater efforts to use taxpayers' money more efficiently.3. Instructs its Committee on Budgetary control, when considering the discharge for 1999, to return to the central topics broached in connection with the postponement of the discharge for 1998: shortcomings in tenderings, buildings policy, staff policy and the inventory.Competitive tendering - Awarding contracts4. Notes the action plan to facilitate competitive tendering under the terms laid down by the current rules; asks for the optimal planning of awards of contracts and expects a strict monitoring of that planning as well as the introduction of administrative measures which will make this possible. Recalls that free competition among providers of goods and services is one of the fundamental principles of Community law, that Parliament must set a good example in this field and that therefore contracts may be awarded by private treaty only in exceptional cases, as indeed the Financial Regulation expressly stipulates. Calls for a report on the state of implementation and a first evaluation by 31 January 2001.5. Strongly supports the notion of interinstitutional cooperation with regard to the awarding of contracts, whenever possible; approves the expressed intention on the part of the Secretary General to take the necessary steps to that effect in cooperation with his counterparts; expects precise information to be provided as part of the Revenue and Expenditure Account and Balance Sheet, including comparable statistical data from the various institutions and advisory bodies, in the interest of increased competition and of the protection of the Union's financial interests.Inventory6. Instructs its competent committee to continue to monitor closely the taking of the inventory and to ascertain whether the new system for the management of Parliament's property (ELS) is being operated properly and effectively. Asks that, as a part of the Revenue and Expenditure Account and Balance Sheet for every financial year, a detailed account is made of the physical permanent inventory; expects in particular that the Revenue and Expenditure Account and Balance sheet for 2000 will indicate the completion of measures which are still pending. Expects measures to ensure implementation in accordance with the new system.7. Instructs its Secretary-General to take the initiative with his counterparts for the adoption of rules governing inventory management on an interinstitutional basis, including common rules on depreciation.Lost court cases relating to senior appointments8. Notes the Secretary-General's statement that at present no disciplinary proceedings are pending within Parliament's administration. Welcomes the fact that on 1 December 1999, i.e. even before the deliberations on the discharge for 1998, the Bureau, at the proposal of the Secretary-General, started an administrative inquiry. Notes the Bureau decision of 13 June 2000, in connection with the Frederiksen case, not to seek redress as provided for by Article 22 of the Staff Regulations. Notes that this decision is based on the consideration that the administrative inquiry did not reveal evidence of "serious misconduct" by individuals as referred to in Article 22 of the Staff Regulations. Points out, however, that the administrative inquiry revealed both problems with internal decision-making procedures and a tendency to neglect risks associated with court cases in events that it would have been appropriate to review the case and reappraise the risks associated with legal proceedings at a considerably earlier stage; recalls paragraph 23 of its abovementioned resolution of 13 April 2000, calling on the legal service to inform the Bureau about the risks of court cases before the Bureau takes its decisions, particularly in the light of previous judgements on staff matters; welcomes the Bureau decision of 13 June 2000 instructing Vice-Presidents Lienemann and Provan to examine whether further internal administrative reforms are needed in order to avoid similar outcomes. Instructs its Bureau to inform the competent committees about its conclusions on this matter.Buildings' policy9. Regrets the geographical dispersion of Parliament's working places, as well as that of its services, for which the institution itself bears no direct responsibility, as it is a consequence of the Treaty between the governments of the Member States. Emphasises the need to minimise further logistical inconveniences in the context of the institution's future building needs in view of the upcoming enlargement. Consequently insists that any future decision in the area of building's policy be guided by the principle of functionality, particularly as regards the regrouping of Parliament's services in each working place, and the optimal use of financial resources.10. Expects those countries hosting Parliament's buildings to each make contributions of a comparable value toward the acquisition of immovable property;11. Reiterates its principled position that the method of financing to be used in future acquisitions, including that of the Louise Weiss building in Strasbourg, be that of direct financing in order to ensure the maximum degree of Transparency possible as well as obtaining the best value for the European' taxpayers money; strongly urges the Council to reconsider its position in this matter.Administrative reform12. Welcomes the submitted timetable. Instructs its Bureau and Secretary General to keep its competent committees informed of progress in the implementation of the internal administrative reform; emphasises the need for active involvement of staff in this procedure.13. Reiterates its call for a common buildings budget and common buildings management for the institutions and advisory bodies of the European Union.Security14. Notes the Bureau's overruling of the Financial Controller's withholding of Approval No 00/025, in its capacity as the superior authority; regrets that no attempt was made to award the contract for guarding its buildings in Strasbourg for a shorter, transitional period and to make use of this time to rerun the award procedure in full accordance with Community regulations on the award of public contracts.Financing of the political groups and parties15. Takes explicit note of the fact that only the political groups themselves have any responsibility for the use of appropriations made available to them under Chapter 37.16. Notes with satisfaction the answers of the Bureau to the preliminary observations of the Court of Auditors and expects that measures aimed at radically reforming the relevant legal framework be completed without delay in conformity with financial regulations and the principle of transparency.17. Welcomes the fact that all five political groups currently active in Parliament who had also been active during the previous legislative period have provided their specific responses to the preliminary observations of the Court of Auditors.18. Regrets the unwillingness of the Court of Auditors explicitly to name those groups whose questionable financial practices are specifically mentioned within the body of the report.19. Acknowledges the findings of the Court and as a result of these findings:- welcomes the decision of the Conference of Presidents of 26 February 1999 to enact guidelines for the purposes of defining those information activities which are characteristic of election campaigning and are thus to be excluded from being financed by funds derived from the information campaign budget of the political groups,- demands that internal bookkeeping procedures be transparent and that these procedures be followed by all groups, and supplemented by specific group financial regulations, which, as the court points out, is not the case,- demands that transparency be achieved with regard to the financial operations and internal audit systems of the national delegations of the political groups,- criticises the failure on the part of certain groups to provide the Office of the President of the Parliament with the certification of their accounts by an external auditor, even if this was not a mandatory provision at the time,- demands that measures be taken to avoid the possibility that financial assistance could be provided to national political parties or other similar organisations as a result of joint actions undertaken between them and the political groups,- regrets that one group has only now, in the context of the annual report, informed the President of Parliament of the accumulated capital of a public foundation created under Luxembourg law to which it has allocated funds,- stresses the need for clarity in regard to work contracts.The case relating to the Members' cash office20. Expects the competent authorities, in the light of the judgement dated 29 March 2000 of the Luxembourg Court of Appeal in the case brought by Parliament against Royale Belge SA, to initiate the procedure provided for in Article 22 of the Staff Regulations with a view towards defining responsibilities in connection with the discrepancy of BEF 4126125 between the actual cash situation and their corresponding accounts in 1982.21. Gives the Secretary-General discharge in respect of the implementation of the budget for the 1998 financial year.22. Authorises the giving of discharge to the accounting officer for the 1998 financial year.23. Instructs its President to forward this decision to the Commission, the Council, the Court of Justice of Auditors, the Economic and Social Committee, the Committee of the Regions and the European Ombudsman.The Secretary-GeneralJulian PriestleyThe PresidentNicole Fontaine


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31993D0745

Council Decision of 20 December 1993 concerning the conclusion on behalf of the European Community of the supplementary Protocol between the European Community and the European Coal and Steel Community, of the one part, and the Czech Republic, of the other part, to the Interim Agreement on trade and trade-related matters between the European Economic Community and the European Coal and Steel Community, of the one part, and the Czech and Slovak Federal Republic, of the other part

Official Journal L 349 , 31/12/1993 P. 0106 - 0106 Finnish special edition: Chapter 11 Volume 27 P. 0088  Swedish special edition: Chapter 11 Volume 27 P. 0088

COUNCIL DECISIONof 20 December 1993concerning the  conclusion on behalf of the European Community of the supplementary Protocol between the European  Community and the European Coal and Steel Community, of the one part, and the Czech Republic, of  the other part, to the Interim Agreement on trade and trade-related matters between the European  Economic Community and the European Coal and Steel Community, of the one part, and the Czech and  Slovak Federal Republic, of the other part(93/745/EC)THE COUNCIL OF THE EUROPEAN  UNION, Having regard to the Treaty establishing the European Community and in particular Article 113  thereof, Having regard to the proposal from the Commission, Whereas, pending the entry into force of the Europe Agreement signed in Luxembourg on 4 October  1993, it is necessary to approve the Supplementary Protocol to the Interim Agreement on trade and  trade-related matters between the European Community and the European Coal and Steel Community, of  the one part, and the Czech and Slovak Federal Republic, of the other part, signed in Brussels on  16 December 1991, as subsequently amended by the exchange of letters signed on 15 December 1992  concerning the extension of the duration of this Agreement; Whereas the Interim Agreement was last amended by an Additional Protocol initialled on 16 July 1993  and applied provisionally from 1 July 1993 in order to increase and accelerate the granting of  certain Community concessions; Whereas the Commission has negotiated on behalf of the Communities a Supplementary Protocol with  the Czech Republic to the Interim Agreement in order to adapt this Agreement to the dissolution of  the Czech and Slovak Federal Republic on 31 December 1992 and the subsequent succession thereto by  the Czech Republic; Whereas it is necessary to approve this Supplementary Protocol, HAS DECIDED AS FOLLOWS:Article 1 The Supplementary Protocol between the  European Community and the European Coal and Steel Community, of the one part, and the Czech  Republic, of the other part, to the Interim Agreement on trade and trade-related matters between  the European Economic Community and the European Coal and Steel Community, of the one part, and the  Czech and Slovak Federal Republic, of the other part, is hereby approved on behalf of the European  Community. The text of the Supplementary Protocol is attached to this Decision. Article 2 The President of the Council is hereby authorized to designate the person empowered to  sign the Supplementary Protocol in order to bind the Community. Done at Brussels, 20 December 1993. For the CouncilThe PresidentW. CLAES


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31997D0096

97/96/EC, Euratom: Council Decision of 27 January 1997 appointing a member of the Economic and Social Committee

Official Journal L 031 , 01/02/1997 P. 0067 - 0067

COUNCIL DECISION of 27 January 1997 appointing a member of the Economic and Social Committee (97/96/EC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 195 thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,Having regard to Council Decision 94/660/EC, Euratom of 26 September 1994 concerning the appointment of members of the Economic and Social Committee for the period from 21 September 1994 to 20 September 1998 (1),Whereas a seat has become vacant on the Economic and Social Committee following the resignation of Mr Camille Giacomelli, communicated to the Council on 3 June 1996;Having regard to the nominations submitted by the Luxembourg Government on 11 November 1996;Having obtained the opinion of the Commission of the European Communities,HAS DECIDED AS FOLLOWS:Sole Article Mr Lucien Jung is hereby appointed a member of the Economic and Social Committee in place of Mr Camille Giacomelli for the remainder of the latter's term of office, which expires on 20 September 1998.Done at Brussels, 27 January 1997.For the CouncilThe PresidentG. ZALM(1) OJ No L 257, 5. 10. 1994, p. 20.


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31995D0571

95/571/EC: Council Decision of 18 December 1995 concerning the conclusion of an Agreement between the European Community and the Republic of Venezuela on precursors and chemical substances frequently used in the illicit manufacture of narcotic drugs or psychotropic substances

Official Journal L 324 , 30/12/1995 P. 0034 - 0034

COUNCIL DECISIONof 18 December 1995concerning the conclusion of an Agreement between the  European Community and the Republic of Venezuela on precursors and chemical substances frequently  used in the illicit manufacture of narcotic drugs or psychotropic substances(95/571/EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 113  thereof, in conjunction with the first sentence of Article 228 (2), and Article 228 (4) thereof, Having regard to the recommendation from the Commission, Whereas, on 25 September 1995, the Council authorized the Commission to negotiate, on behalf of the  Community, agreements on the control of precursors and chemical substances with the Member States  of the Organization of American States, and as a priority with the Member Countries of the  Cartagena Agreement; whereas the Commission, on the basis of this authorization, completed  negotiations with the Republic of Venezuela on 13 November 1995; Whereas it is appropriate that the Agreement between the European Community and the Republic of  Venezuela on precursors and chemical substances frequently used in the illicit manufacture of  narcotic drugs or psychotropic substances should be approved; Whereas it is appropriate that the Council authorize the Commission, in consultation with a special  committee appointed by the Council, to approve modifications on behalf of the Community where the  Agreement provides for them to be adopted by the Joint Follow-Up Group; whereas, such authorization  must be limited to the modification of the Annexes of the Agreement in so far as it concerns  substances already covered by Community legislation on precursors and chemical substances, HAS DECIDED AS FOLLOWS: Article 1 The Agreement between the European Community and the Republic of  Venezuela on precursors and chemical substances frequently used in the illicit manufacture of  narcotic drugs or psychotropic substances is approved on behalf of the Community. The text of the Agreement is attached to this Decision. Article 2 The President of the Council is hereby authorized to designate the person empowered to  sign the Agreement. Article 3 The President of the Council shall, on behalf of the Community, deposit the instrument  provided for in Article 12 of the Agreement (1). Article 4 1. The Community shall be represented in the Joint Follow-Up Group provided for in  Article 9 of the Agreement by the Commission, assisted by the representatives of the Member  States. 2. The Commission is authorized to approve, on behalf of the Community, modifications to the  Annexes to the Agreement adopted by the Joint Follow-Up Group by the procedure laid down in Article  10 of the Agreement. The Commission shall be assisted in this task by a special committee designated by the Council and  charged with establishing a common position. 3. The authorization referred to in paragraph 2 shall be limited to those substances which are  already covered by the relevant Community legislation on drugs precursors and chemical substances. Article 5 This Decision shall be published in the Official Journal of the European Communities. Done at Brussels, 18 December 1995. For the CouncilThe PresidentJ. BORRELL FONTELLES(1) The date of entry into  force of the Agreement will be published in the Official Journal of the European Communities by the  General Secretariat of the Council.


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31997D0403

97/403/EC: Council Decision of 2 June 1997 concerning the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Swiss Confederation adding to the Agreement between the European Economic Community and the Swiss Confederation a protocol on mutual administrative assistance in customs matters

Official Journal L 169 , 27/06/1997 P. 0076 - 0076

COUNCIL DECISION of 2 June 1997 concerning the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Swiss Confederation adding to the Agreement between the European Economic Community and the Swiss Confederation a protocol on mutual administrative assistance in customs matters (97/403/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 113 in conjunction with the first sentence of Article 228 (2) thereof,Having regard to the proposal from the Commission,Whereas, for mutual administrative assistance in customs matters to take place between the two parties, it appears necessary to add a protocol to the Agreement between the European Economic Community and the Swiss Confederation (1);Whereas negotiations to that effect have taken place with the Swiss Confederation and have led to an Agreement in the form of an Exchange of Letters which it is in the Community's interest to approve,HAS DECIDED AS FOLLOWS:Article 1 The Agreement in the form of an Exchange of Letters between the European Community and the Swiss Confederation, adding to the Agreement between the European Economic Community and the Swiss Confederation a protocol on mutual administrative assistance in customs matters is hereby approved on behalf of the Community.The text of the Agreement in the form of an Exchange of Letters is attached to this Decision.If the Agreement in the form of an Exchange of Letters has not entered into force on 1 July 1997, it will be applied provisionally as from that date.Article 2 The President of the Council is hereby authorized to designate the persons authorized to sign the Agreement in the form of an Exchange of Letters referred to in Article 1.Article 3 The President of the Council shall, on behalf of the Community, give the notification provided for by the Agreement in the form of an Exchange of Letters (2).Article 4 This Decision shall be published in the Official Journal of the European Communities.Done at Luxembourg, 2 June 1997.For the CouncilThe PresidentH. VAN MIERLO(1) OJ No L 300, 31. 12. 1972, p. 189.(2) The date of entry into force of the Protocol will be published in the Official Journal of the European Communities.