title: 2008/420/EC: Council Decision of 7 April 2008 on the signing and provisional application of the Agreement between the European Community and the Government of Australia on certain aspects of air services

text:
               7.6.2008

               EN

               Official Journal of the European Union

               L 149/63

         COUNCIL DECISION
   of 7 April 2008
   on the signing and provisional application of the Agreement between the European Community and the Government of Australia on certain aspects of air services
   (2008/420/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 80(2), in conjunction with Article 300(2), first sentence of the first subparagraph thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Council authorised the Commission on 5 June 2003 to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (2)

               On behalf of the Community, the Commission has negotiated an Agreement with the Government of Australia on certain aspects of air services, hereinafter referred to as ‘the Agreement’, in accordance with the mechanisms and directives in the Annex to the Council Decision authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (3)

               The Agreement should be signed and provisionally applied, subject to its conclusion at a later date,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The signing of the Agreement between the European Community and the Government of Australia on certain aspects of air services is hereby approved on behalf of the Community, subject to the Council Decision concerning the conclusion of the said Agreement.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Community subject to its conclusion.
   Article 3
   Pending its entry into force, the Agreement shall be applied provisionally from the first day of the first month following the date on which the Parties have notified each other of the completion of the necessary procedures for this purpose.
   Article 4
   The President of the Council is hereby authorised to make the notification provided in Article 7(2) of the Agreement.

      Done at Luxembourg, 7 April 2008.

            For the Council

            The President

         R. ŽERJAV

    ---documentbreak---

               7.6.2008

               EN

               Official Journal of the European Union

               L 149/65

         AGREEMENT
   between the European Community and the Government of Australia on certain aspects of air services
   THE EUROPEAN COMMUNITY,
   of the one part, and
   THE GOVERNMENT OF AUSTRALIA,
   of the other part,
   hereinafter referred to as ‘the Contracting Parties’,
   NOTING that the European Court of Justice has found that certain provisions of bilateral agreements entered into by several Member States with third countries are incompatible with European Community law,
   NOTING that a number of bilateral air services agreements have been concluded between several Member States of the European Community and Australia containing similar provisions and that there is an obligation on Member States to take all appropriate steps to eliminate incompatibilities between such agreements and the EC Treaty,
   NOTING that the European Community has exclusive competence with respect to a number of aspects that may be included in bilateral air service agreements between Member States of the European Community and third countries,
   NOTING that, under European Community law, Community air carriers established in a Member State have the right to non-discriminatory access to air routes between the Member States of the European Community and third countries,
   HAVING REGARD to the agreements between the European Community and certain third countries providing for the possibility for the nationals of such third countries to acquire ownership in air carriers licensed in accordance with European Community law,
   RECOGNISING that consistency between European Community law and provisions of bilateral air service agreements between Member States of the European Community and Australia will provide a sound legal basis for air services between the European Community and Australia and preserve the continuity of such air services,
   NOTING that provisions of the bilateral air services agreements between Member States of the European Community and Australia, which are not inconsistent with European Community law, do not need to be amended or replaced,
   NOTING that it is not a purpose of the European Community in this Agreement to increase the total volume of air traffic between the European Community and Australia, to affect the balance between Community air carriers and air carriers of Australia, or to prevail over the interpretation of the provisions of existing bilateral air service agreements concerning traffic rights,
   HAVE AGREED AS FOLLOWS:
   Article 1
   General provisions
   1.   For the purposes of this Agreement, ‘Member States’ shall mean Member States of the European Community; ‘Contracting Party’ shall mean a contracting party to this Agreement; ‘party’ shall mean the contracting party to the relevant bilateral air services agreement; ‘air carrier’ shall also mean airline; ‘territory of the European Community’ shall mean territories of the Member States to which the Treaty establishing the European Community applies.
   2.   References in each of the Agreements listed in Annex I to nationals of the Member State that is a party to that Agreement shall be understood as referring to nationals of the Member States of the European Community.
   3.   References in each of the Agreements listed in Annex I to air carriers or airlines of the Member State that is a party to that Agreement shall be understood as referring to air carriers or airlines designated by that Member State.
   Article 2
   Designation, authorisation and revocation
   1.   The provisions in paragraphs 3 and 4 of this Article shall prevail over the corresponding provisions in the Articles listed in Annex II(a) and (b) respectively, in relation to the designation of air carriers by the Member State concerned, its authorisations and permissions granted by Australia, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively.
   2.   The provisions in paragraphs 3 and 4 of this Article shall prevail over the corresponding provisions in the Articles listed in Annex II(a) and (b) respectively, in relation to the designation of air carriers by Australia, its authorisations and permissions granted by the Member State concerned, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively.
   3.   On receipt of such a designation, and of applications from the designated air carrier(s), in the form and manner prescribed for operating authorisations and technical permissions, each party shall, subject to paragraphs 4 and 5 grant the appropriate authorisations and permissions with minimum procedural delay, provided that:

               (a)

               in the case of an air carrier designated by a Member State:

                           (i)

                           the air carrier is established, under the Treaty establishing the European Community, in the territory of the designating Member State and has a valid operating licence from a Member State in accordance with European Community law; and

                           (ii)

                           effective regulatory control of the air carrier is exercised and maintained by the Member State responsible for issuing its air operator’s certificate and the relevant aeronautical authority is clearly identified in the designation; and

                           (iii)

                           the air carrier has its principal place of business in the territory of the Member State from which it has received the valid operating licence; and

                           (iv)

                           the air carrier is owned directly or through majority ownership and is effectively controlled by Member States and/or nationals of Member States, and/or by other States listed in Annex III and/or nationals of such other States;

               (b)

               in the case of an air carrier designated by Australia:

                           (i)

                           Australia has and maintains effective regulatory control of the air carrier; and

                           (ii)

                           it has its principal place of business in Australia.

         4.   Either party may refuse, revoke, suspend or limit the operating authorisation or technical permissions of an air carrier designated by the other party where:

               (a)

               in the case of an air carrier designated by a Member State:

                           (i)

                           the air carrier is not established, under the Treaty establishing the European Community, in the territory of the designating Member State or does not have a valid operating licence from a Member State in accordance with European Community law; or

                           (ii)

                           effective regulatory control of the air carrier is not exercised or not maintained by the Member State responsible for issuing its air operator’s certificate, or the relevant aeronautical authority is not clearly identified in the designation; or

                           (iii)

                           the air carrier does not have its principal place of business in the territory of the Member State from which it has received its operating licence; or

                           (iv)

                           the air carrier is not owned directly or through majority ownership and is not effectively controlled by Member States and/or nationals of Member States, and/or by other States listed in Annex III and/or nationals of such other States; or

                           (v)

                           the air carrier is already authorised to operate under a bilateral agreement between Australia and another Member State and Australia can demonstrate that, by exercising traffic rights under this Agreement on a route that includes a point in that other Member State, it would be circumventing restrictions on the third or fourth or fifth freedom traffic rights imposed by that other agreement; or

                           (vi)

                           the air carrier holds an air operator’s certificate issued by a Member State and there is no bilateral air services agreement between Australia and that Member State and Australia can demonstrate that the necessary traffic rights to conduct the proposed operation are not reciprocally available to the designated air carrier(s) of Australia;

               (b)

               in the case of an air carrier designated by Australia:

                           (i)

                           Australia is not maintaining effective regulatory control of the air carrier; or

                           (ii)

                           it does not have its principal place of business in Australia.

         5.   In exercising its right under paragraph 4, and without prejudice to its rights under paragraph 4(a)(v) and (vi) of this Article, Australia shall not discriminate between air carriers of Member States on the grounds of nationality.
   Article 3
   Rights with regard to regulatory control
   1.   The provisions in paragraph 2 of this Article shall complement the Articles listed in Annex II(c).
   2.   Where a Member State (the first Member State) has designated an air carrier whose regulatory control is exercised and maintained by a second Member State, the rights of Australia under the safety provisions of the agreement between the first Member State that has designated the air carrier and Australia shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that second Member State and in respect of the operating authorisation of that air carrier.
   Article 4
   Tariffs for carriage within the European Community
   1.   The provisions in paragraph 2 of this Article shall complement the Articles listed in Annex II(d).
   2.   The tariffs to be charged by the air carrier(s) designated by Australia under an Agreement listed in Annex I containing a provision listed in Annex II(d) for carriage wholly within the European Community shall be subject to European Community law.
   Article 5
   Annexes to the Agreement
   The Annexes to this Agreement shall form an integral part thereof.
   Article 6
   Revision or amendment
   The Contracting Parties may, at any time, revise or amend this Agreement by mutual consent.
   Article 7
   Entry into force
   1.   This Agreement shall enter in force when the Contracting Parties have notified each other in writing that their respective internal procedures necessary for its entry into force have been completed.
   2.   Notwithstanding paragraph 1, the Contracting Parties agree to provisionally apply this Agreement from the first day of the month following the date on which the Contracting Parties have notified each other of the completion of the procedures necessary for this purpose.
   3.   Agreements and other arrangements between Member States and Australia which, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally are listed in Annex I(b). This Agreement shall apply to all such Agreements and arrangements upon their entry into force or provisional application.
   Article 8
   Termination
   1.   In the event that an Agreement listed in Annex I is terminated, all provisions of this Agreement that relate to the Agreement listed in Annex I concerned shall terminate at the same time.
   2.   In the event that all Agreements listed in Annex I are terminated, this Agreement shall terminate at the same time.

      IN WITNESS WHEREOF, the undersigned, being duly authorised, have signed this Agreement.
      Done at Brussels in duplicate, on this twenty-ninth day of April in the year two thousand and eight in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages. In case of divergence the English text shall prevail over the other language texts.

         За Европейската общност
         Por la Comunidad Europea
         Za Evropské společenství
         For Det Europæiske Fællesskab
         Für die Europäische Gemeinschaft
         Euroopa Ühenduse nimel
         Για την Ευρωπαϊκή Κοινότητα
         For the European Community
         Pour la Communauté européenne
         Per la Comunità europea
         Eiropas Kopienas vārdā
         Europos bendrijos vardu
         Az Európai Közösség részéről
         Għall-Komunità Ewropea
         Voor de Europese Gemeenschap
         W imieniu Wspólnoty Europejskiej
         Pela Comunidade Europeia
         Pentru Comunitatea Europeană
         Za Európske spoločenstvo
         Za Evropsko skupnost
         Euroopan yhteisön puolesta
         För Europeiska gemenskapen

         За правителството на Австралия
         Por el Gobierno de Australia
         Za vládu Austrálie
         For Australiens regering
         Für die Regierung Australiens
         Austraalia valitsuse nimel
         Για την Κυβέρνηση της Αυστραλίας
         For the Government of Australia
         Pour le gouvernement d'Australie
         Per il governo d'Australia
         Austrālijas valdības vārdā
         Australijos Vyriausybės vardu
         Ausztrália kormánya részéről
         Għall-Gvern ta' l-Awstralja
         Voor de Regering van Australië
         W imieniu Rządu Australii
         Pelo Governo da Austrália
         Pentru Guvernul Australiei
         Za vládu Austrálie
         Za vlado Avstralije
         Australian hallituksen puolesta
         För Australiens regering

   ANNEX I
   List of Agreements referred to in Article 1 of this Agreement

               (a)

               Air services agreements between the Commonwealth of Australia and Member States of the European Community which, at the date of signature of this Agreement, have been concluded, signed and/or are being applied provisionally:

                           —

                           Agreement between the Austrian Federal Government and the Government of the Commonwealth of Australia relating to Air Services, done at Vienna on 22 March 1967 (hereinafter referred to as ‘Australia-Austria Agreement’).
                           Supplemented by the Memorandum of Understanding signed at Vienna on 25 March 1999,

                           —

                           Air Services Agreement between the Government of the Kingdom of Denmark and the Government of Australia, initialled at Canberra on 16 October 1998 (hereinafter referred to as ‘Draft Australia-Denmark Agreement’).
                           Supplemented by the Memorandum of Understanding on the cooperation between the Scandinavian countries regarding Scandinavian Airlines System (SAS) initialled at Canberra on 16 October 1998.
                           Supplemented by the Agreed Minutes dated 16 October 1998,

                           —

                           Agreement between the Government of the Republic of Finland and the Government of the Commonwealth of Australia relating to Air Services, initialled on 15 June 1999 (hereinafter referred to as ‘Draft Australia-Finland Agreement’).
                           Supplemented by the Memorandum of Understanding signed at Helsinki on 15 June 1999,

                           —

                           Agreement between the Government of the Commonwealth of Australia and the Government of the French Republic and relating to Air Transport, done at Canberra on 13 April 1965 (hereinafter referred to as ‘Australia-France Agreement’).
                           Modified by Exchange of Letters signed in Paris on 22 December 1970 and 7 January 1971,

                           —

                           Agreement between the Federal Republic of Germany and the Commonwealth of Australia relating to Air Transport, done at Bonn on 22 May 1957 (hereinafter referred to as ‘Australia-Germany Agreement’).
                           To be read together with the Memorandum of Understanding signed at Canberra on 12 June 1998 and the exchange of letters dated 17 September 1998 and 5 November 1998,

                           —

                           Agreement between the Government of the Kingdom of Greece and the Government of the Commonwealth of Australia relating to Air Services, done at Athens on 10 June 1971, as amended (hereinafter referred to as ‘Australia-Greece Agreement’),

                           —

                           Agreement between the Government of the Hellenic Republic and the Government of Australia relating to Air Services, initialled at Athens on 11 November 1997 and attached to the Memorandum of Understanding signed at Athens on 11 November 1997 (hereinafter referred to as ‘Draft Revised Australia-Greece Agreement’),

                           —

                           Air Transport Agreement between Ireland and Australia concluded by exchange of notes dated 26 November 1957 and 30 December 1957 (hereinafter referred to as ‘Australia-Ireland Agreement’),

                           —

                           Agreement between the Government of the Commonwealth of Australia and the Government of the Republic of Italy relating to Air Services, done at Rome on 10 November 1960 as amended (hereinafter referred to as ‘Australia-Italy Agreement’),

                           —

                           Agreement between the Government of Australia and the Government of the Grand Duchy of Luxembourg on Air Services as annexed to the Memorandum of Understanding, done at Luxembourg on 3 September 1997 (hereinafter referred to as ‘Draft Australia-Luxembourg Agreement’),

                           —

                           Agreement between the Government of Malta and the Government of Australia relating to Air Services, done at Canberra on 11 September 1996 (hereinafter referred to as ‘Australia-Malta Agreement’).
                           Supplemented by exchange of letters on 1 December 2003,

                           —

                           Agreement between the Government of the Kingdom of the Netherlands and the Government of the Commonwealth of Australia for the establishment of air services, done at Canberra on 25 September 1951 (hereinafter referred to as ‘Australia-Netherlands Agreement’),

                           —

                           Agreement between the Government of the Republic of Poland and the Government of Australia relating to Air Services, done in Warsaw on 28 April 2004 (hereinafter referred to as ‘Australia-Poland Agreement’),

                           —

                           Air Services Agreement between the Government of the Kingdom of Sweden and the Government of Australia, initialled at Canberra on 16 October 1998 (hereinafter referred to as ‘Draft Australia-Sweden Agreement’).
                           Supplemented by the Memorandum of Understanding on the cooperation between the Scandinavian countries regarding Scandinavian Airlines System (SAS) initialled at Canberra on 16 October 1998.
                           Supplemented by the Agreed Minutes dated 16 October 1998,

                           —

                           Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Commonwealth of Australia for Air Services between and beyond their respective territories, done at London on 7 February 1958 as amended (hereinafter referred to as ‘Australia-United Kingdom Agreement’);

               (b)

               Air services agreements and other arrangements initialled or signed between the Commonwealth of Australia and Member States of the European Community which, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally.

         ANNEX II
   List of Articles in the Agreements listed in Annex I and referred to in Articles 2 to 5 of this Agreement

               (a)

               Designation:

                           —

                           Article 4 of the Australia-Austria Agreement (1),

                           —

                           Article 3 of the Draft Australia-Denmark Agreement,

                           —

                           Article 3 of the Australia-Germany Agreement (1),

                           —

                           Article 4 of the Australia-Greece Agreement (1),

                           —

                           Article 4 of the Draft Australia-Greece Agreement (1),

                           —

                           Article 3 of the Draft Australia-Luxembourg Agreement (1),

                           —

                           Article 4 of the Australia-Ireland Agreement (1),

                           —

                           Article 4 of the Australia-Italy Agreement (1),

                           —

                           Article 4 of the Australia-Malta Agreement (1),

                           —

                           Article 3 of the Australia-Netherlands Agreement (1),

                           —

                           Article 2 of the Australia-Poland Agreement,

                           —

                           Article 3 of the Draft Australia-Sweden Agreement,

                           —

                           Article 3 of the Australia-United Kingdom Agreement.

               (b)

               Refusal, revocation, suspension or limitation of authorisations or permissions:

                           —

                           Article 7 of the Australia-Austria Agreement (1),

                           —

                           Article 4 of the Draft Australia-Denmark Agreement,

                           —

                           Article 5 of the Draft Australia-Finland Agreement,

                           —

                           Article 8 of the Australia-France Agreement (1),

                           —

                           Article 4 of the Australia-Germany Agreement (1),

                           —

                           Article 5 of the Australia-Greece Agreement (1),

                           —

                           Article 5 of the Draft Australia-Greece Agreement (1),

                           —

                           Article 7 of the Australia-Ireland Agreement (1),

                           —

                           Article 5 of the Australia-Italy Agreement (1),

                           —

                           Article 4 of the Draft Australia-Luxembourg Agreement (1),

                           —

                           Article 5 of the Australia-Malta Agreement (1),

                           —

                           Article 6 of the Australia-Netherlands Agreement (1),

                           —

                           Article 2 of the Australia-Poland Agreement,

                           —

                           Article 4 of the Draft Australia-Sweden Agreement,

                           —

                           Article 3 of the Australia-United Kingdom Agreement.

               (c)

               Regulatory control:

                           —

                           Attachment 4 to the Memorandum of Understanding between aeronautical authorities of the Government of Australia and the Government of Austria, signed on 25 March 1999 — as applied provisionally in the framework of the Australia-Austria Agreement,

                           —

                           Article 17 of the Draft Australia-Denmark Agreement,

                           —

                           Article 8 of the Draft Australia-Finland Agreement,

                           —

                           Attachment C to the Memorandum of Understanding between the aeronautical authorities of the Government of Australia and the Government of the Federal Republic of Germany, signed at Canberra on 12 June 1998 — as applied provisionally in the framework of the Australia-Germany Agreement,

                           —

                           Article 8 of the Draft Australia-Greece Agreement,

                           —

                           Article 7 of the Draft Australia-Luxembourg Agreement,

                           —

                           Article 8 of the Australia-Malta Agreement,

                           —

                           Attachment C to the Memorandum of Understanding between the aeronautical authorities of the Government of Australia and the Government of the Kingdom of the Netherlands, signed at The Hague on 4 September 1997 — as applied provisionally in the framework of the Australia-Netherlands Agreement,

                           —

                           Article 5 of the Australia-Poland Agreement,

                           —

                           Article 17 of the Draft Australia-Sweden Agreement;

               (d)

               Tariffs for carriage within the European Community:

                           —

                           Article 9 of the Australia-Austria Agreement,

                           —

                           Article 13 of the Draft Australia-Denmark Agreement,

                           —

                           Article 14 of the Draft Australia-Finland Agreement,

                           —

                           Article10 of the Australia-France Agreement,

                           —

                           Attachment E to the Memorandum of Understanding between the aeronautical authorities of the Government of Australia and the Government of the Federal Republic of Germany, signed at Canberra on 12 June 1998 in conjunction with the exchange of letters dated 17 September 1998 and 5 November 1998 — as applied provisionally in the framework of the Australia-Germany Agreement,

                           —

                           Article 9 of the Australia-Greece Agreement,

                           —

                           Article 14 of the Draft Australia-Greece Agreement,

                           —

                           Article 9 of the Australia-Ireland Agreement,

                           —

                           Article 9 of the Australia-Italy Agreement,

                           —

                           Article 11 of the Draft Australia-Luxembourg Agreement,

                           —

                           Article 14 of the Australia-Malta Agreement,

                           —

                           Section IV of the Annex to the Australia-Netherlands Agreement,

                           —

                           Article 10 of the Australia-Poland Agreement,

                           —

                           Article 13 of the Draft Australia-Sweden Agreement,

                           —

                           Article 7 of the Australia-United Kingdom Agreement.

      (1)  Article 2(2) of this Agreement does not apply to these provisions.
   ANNEX III
   List of other states referred to in Article 2 of this Agreement

               (a)

               The Republic of Iceland (under the Agreement on the European Economic Area);

               (b)

               The Principality of Liechtenstein (under the Agreement on the European Economic Area);

               (c)

               The Kingdom of Norway (under the Agreement on the European Economic Area);

               (d)

               The Swiss Confederation (under the Agreement between the European Community and the Swiss Confederation on Air Transport).


title: Administrative Commission for the Coordination of Social Security Systems Decision No H4 of 22 December 2009 concerning the composition and working methods of the Audit Board of the Administrative Commission for the Coordination of Social Security Systems (Text of relevance to the EEA and to the EC/Switzerland Agreement)

text:
               27.4.2010

               EN

               Official Journal of the European Union

               C 107/3

         ADMINISTRATIVE COMMISSION FOR THE COORDINATION OF SOCIAL SECURITY SYSTEMS
   DECISION No H4
   of 22 December 2009
   concerning the composition and working methods of the Audit Board of the Administrative Commission for the Coordination of Social Security Systems
   (Text of relevance to the EEA and to the EC/Switzerland Agreement)
   2010/C 107/03
   THE ADMINISTRATIVE COMMISSION FOR THE COORDINATION OF SOCIAL SECURITY SYSTEMS,
   Having regard to Article 72 of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (1), under which the Administrative Commission shall establish the factors to be taken into account for drawing up accounts relating to the costs to be borne by the institutions of the Member States under this Regulation and to adopt the annual accounts between those institutions, based on the report of the Audit Board referred to in Article 74,
   Having regard to Article 74 of Regulation (EC) No 883/2004, under which the Administrative Commission shall determine the composition and working methods of the Audit Board, which shall deliver reports and a reasoned opinion for decisions to be taken by the Administrative Commission pursuant to Article 72(g),
   HAS DECIDED AS FOLLOWS:
   Article 1
   1.   The Audit Board provided for in Article 74 of Regulation (EC) No 883/2004 on the coordination of social security schemes is attached to the Administrative Commission for the Coordination of Social Security Systems.
   2.   The Audit Board shall, when carrying out its functions as laid down in Article 74(a) to (f) of Regulation (EC) No 883/2004, operate under the authority of the Administrative Commission, from which it shall receive directives. Within this framework the Audit Board shall present a long-term work programme to the Administrative Commission for approval.
   Article 2
   1.   The Audit Board shall, in principle, reach its decisions on the basis of documentary evidence. It can request from the competent authorities any information or enquiries it deems necessary for the investigation of the matters submitted for its examination. Where necessary, subject to the prior approval of the Chair of the Administrative Commission, the Audit Board may delegate a member of the Secretariat or certain members of the Audit Board to carry out, on the spot, any investigation required for the pursuit of its work. The Chair of the Administrative Commission shall notify the representative on the Administrative Commission of the Member State concerned that this investigation is being made.
   2.   The Audit Board shall facilitate the final closing of accounts in cases where a settlement cannot be reached within the period set out in Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (2). The reasoned request for the Audit Board opinion on a dispute under Article 67(7) of Regulation (EC) No 987/2009 shall be referred to the Audit Board by one of the parties not less than 25 working days before the start of a meeting.
   3.   The Audit Board may set up a Conciliation Panel to assist its work in dealing with the reasoned request for the Audit Board opinion, submitted by one of the parties, in accordance with point 2 of this Article.
   The details of the composition, term, tasks, working methods as well as the system of Chairmanship of the Conciliation Panel shall be contained in a mandate decided upon by the Audit Board.
   Article 3
   1.   The Audit Board shall be composed of two representatives of each of the Member States of the European Union appointed by the competent authorities of those States.
   Any member of the Audit Board unable to attend may be replaced by a deputy appointed for that purpose by the competent authorities.
   2.   The representative of the European Commission or his alternate on the Administrative Commission shall act in a consultative capacity within the Audit Board.
   3.   The Audit Board shall be assisted by an independent expert or expert team with professional training and experience in matters concerning the functions of the Audit Board, in particular as regards its tasks under Articles 64, 65 and 69 of Regulation (EC) No 987/2009.
   Article 4
   1.   The office of Chair of the Audit Board shall be held by a member belonging to the Member State whose representative on the Administrative Commission holds the office of Chair of that Commission.
   2.   The Chair of the Audit Board may, in conjunction with the Secretariat, take all steps required to solve without delay all problems within the competence of the Audit Board.
   3.   As a rule, the Chair of the Audit Board shall chair meetings of working parties set up to examine problems for which the Audit Board is competent; if, however, he/she is incapacitated or if certain specific problems are being examined, the Chair may be represented by another person designated by him/her.
   Article 5
   1.   Decisions shall be taken by simple majority, each Member State having only one vote.
   The opinions of the Audit Board must indicate whether they were reached unanimously or by majority. They must, where appropriate, set out the conclusions or reservations of the minority.
   Whenever an opinion is not reached unanimously, the Audit Board shall submit it to the Administrative Commission together with a report containing in particular a statement of and the reasons for the opposing views.
   It shall also appoint a rapporteur responsible for supplying the Administrative Commission with all the information the latter deems appropriate in order to enable it to settle the dispute in question.
   The rapporteur shall not be selected from the representatives of countries involved in the dispute.
   2.   The Audit Board may decide to adopt decisions and reasoned opinions by the use of written procedure if such a procedure was agreed at a prior meeting of the Audit Board.
   To this end the Chair shall communicate the text to be adopted to the members of the Audit Board. The Members shall be given a set time limit of at least ten working days, within which Members shall have the possibility to state that they reject the proposed text or abstain from the voting. No response within the set time limit shall be considered as an affirmative vote.
   The Chair may also decide to launch a written procedure in case no prior agreement had been obtained in a meeting of the Audit Board. In such a case, only written agreements to the proposed text shall be counted as affirmative votes and the set time limit of at least 15 working days shall be given.
   The Chair shall, at the expiry of the set time limit, inform the members of the result of the voting. A decision having received the required number of affirmative votes shall be considered adopted on the last day set for the period within which members were asked to respond.
   3.   If a member of the Audit Board in the course of the written procedure proposes that the text shall be amended, the Chair shall either:

               (a)

               recommence the written procedure by communicating the proposed amendment to the members in accordance with the procedure in paragraph 2; or

               (b)

               cancel the written procedure in order to have the matter discussed at the next meeting,

         depending on which procedure the Chair considers appropriate for the matter in question.
   4.   If a member of the Audit Board before the expiry of the time limit set for responding, requests that the proposed text shall be examined at a meeting of the Audit Board, the written procedure shall be cancelled.
   The matter shall then be examined at the following meeting of the Audit Board.
   Article 6
   The Audit Board may set up ad-hoc groups consisting of a limited number of persons to prepare and present the Audit Board with proposals for adoption on specific issues.
   The Audit Board shall for each ad-hoc group decide who is to be the rapporteur, the tasks to be carried out and the time limit within which the group has to present the result of its work to the Audit Board. These shall be laid down in a written mandate decided upon by the Audit Board.
   Article 7
   1.   The Secretariat of the Administrative Commission shall prepare and organise the meetings of the Audit Board and draw up the minutes thereof. It shall carry out the work required for the functioning of the Audit Board. The agenda, date and duration of the Audit Board meetings shall be agreed with the Chair.
   2.   The agenda shall be forwarded by the Secretariat of the Administrative Commission to the members of the Audit Board and the members of the Administrative Commission not less than 15 working days before the start of each meeting. The documents relating to the items on the agenda should be made available at least 10 working days before the start of the meeting. This does not apply for documents providing general information which do not need to be approved.
   3.   Notes relating to the upcoming meeting of the Audit Board should be sent to the Secretariat of the Administrative Commission at least 20 working days before the start of the meeting. This does not apply for documents providing general information which do not need to be approved.
   Notes containing the input for the Statement of annual accounts stipulated in Article 69(1) of Regulation (EC) No 987/2009 shall follow the format and include the details specified by the independent expert or expert team referred to in Article 3(3) of this Decision. Each delegation shall send this note to the Secretariat by 31 July of a year following the year in question.
   Article 8
   In so far as is necessary, the rules of the Administrative Commission shall apply to the Audit Board.
   Article 9
   This Decision shall be published in the Official Journal of the European Union. It shall apply from the date of entry into force of the Implementing Regulation.

            The Chair of the Administrative Commission

         Lena MALMBERG

      (1)  OJ L 166, 30.4.2004, p. 1.

      (2)  OJ L 284, 30.10.2009, p. 1.


title: Commission Decision (EU) 2015/767 of 12 May 2015 amending the Annex to the Monetary Agreement between the European Union and the Vatican City State

text:
               13.5.2015

               EN

               Official Journal of the European Union

               L 120/58

         COMMISSION DECISION (EU) 2015/767
   of 12 May 2015
   amending the Annex to the Monetary Agreement between the European Union and the Vatican City State
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Monetary Agreement of 17 December 2009 between the European Union and the Vatican City State (1), and in particular Article 8(3) thereof,
   Whereas:

               (1)

               Article 8(1) of the Monetary Agreement between the European Union and the Vatican City State (hereinafter 'the Monetary Agreement') requires the Vatican City State to implement Union legal acts and rules on euro banknotes and coins, prevention of money laundering, of fraud and counterfeiting of cash and non-cash means of payment; medals and tokens and statistical reporting requirements. Those acts and rules are listed in the Annex to the Monetary Agreement.

               (2)

               The Annex to the Monetary Agreement needs to be amended by the Commission every year to take into account the new relevant Union legal acts and rules and the amendments to the existing ones.

               (3)

               The amendment of the Annex to the Monetary Agreement should also take into account the legal acts and rules that have been repealed.

               (4)

               The Annex to the Monetary Agreement should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Annex to the Monetary Agreement between the European Union and the Vatican City State is replaced by the text in the Annex to this Decision.
   Article 2
   This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 12 May 2015.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ C 28, 4.2.2010, p. 13.

      ANNEX

            ‘ANNEX

                        Legal Provisions to be implemented

                        Deadline for implementing

                        Prevention of money laundering

                        1

                           Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (OJ L 309, 25.11.2005, p. 15)
                        Amended by:

                        31 Dec 2010

                        2

                        Directive 2008/20/EC of the European Parliament and of the Council of 11 March 2008 amending Directive 2005/60/EC on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing, as regards the implementing powers conferred on the Commission (OJ L 76, 19.3.2008, p. 46)
                        Supplemented by:

                        3

                        Council Framework Decision 2001/500/JHA of 26 June 2001 on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds of crime (OJ L 182, 5.7.2001, p. 1)

                        4

                        Regulation (EC) No 1889/2005 of the European Parliament and of the Council of 26 October 2005 on controls of cash entering or leaving the Community (OJ L 309, 25.11.2005, p. 9)

                        5

                        Commission Directive 2006/70/EC of 1 August 2006 laying down implementing measures for Directive 2005/60/EC of the European Parliament and of the Council as regards the definition of politically exposed person and the technical criteria for simplified customer due diligence procedures and for exemption on grounds of a financial activity conducted on an occasional or very limited basis (OJ L 214, 4.8.2006, p. 29)

                        6

                        Regulation (EC) No 1781/2006 of the European Parliament and of the Council of 15 November 2006 on information on the payer accompanying transfers of funds (OJ L 345, 8.12.2006, p. 1)

                        7

                           Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union (OJ L 127, 29.4.2014, p. 39)

                        31 Dec 2016 (2)

                        Prevention of fraud and counterfeiting

                        8

                           Council Framework Decision 2001/413/JHA of 28 May 2001 combating fraud and counterfeiting of non-cash means of payment (OJ L 149, 2.6.2001, p. 1)

                        31 Dec 2010

                        9

                           Council Regulation (EC) No 1338/2001 of 28 June 2001 laying down measures necessary for the protection of the euro against counterfeiting (OJ L 181, 4.7.2001, p. 6)
                        Amended by:

                        31 Dec 2010

                        10

                        Council Regulation (EC) No 44/2009 of 18 December 2008 amending Regulation (EC) No 1338/2001 laying down measures necessary for the protection of the euro against counterfeiting (OJ L 17, 22.1.2009, p. 1)

                        11

                           Council Regulation (EC) No 2182/2004 of 6 December 2004 concerning medals and tokens similar to euro coins (OJ L 373, 21.12.2004, p. 1)
                        Amended by:

                        31 Dec 2010

                        12

                        Council Regulation (EC) No 46/2009 of 18 December 2008 amending Regulation (EC) No 2182/2004 concerning medals and tokens similar to euro coins (OJ L 17, 22.1.2009, p. 5)

                        13

                           Directive 2014/62/EU of the European Parliament and of the Council of 15 May 2014 on the protection of the euro and other currencies against counterfeiting by criminal law, and replacing Council Framework Decision 2000/383/JHA (OJ L 151, 21.5.2014, p. 1)

                        31 Dec 2016 (2)

                        Rules on euro banknotes and coins

                        14

                           Council Conclusions of 23 November 1998 and of 5 November 2002 on collector coins

                        31 Dec 2010

                        15

                           Council Conclusions of 10 May 1999 on the quality management system for euro coins

                        31 Dec 2010

                        16

                           Communication from the Commission 2001/C 318/03 of 22 October 2001 on copyright protection of the common face design of the euro coins (C(2001) 600 final) (OJ C 318, 13.11.2001, p. 3)

                        31 Dec 2010

                        17

                           Guideline ECB/2003/5 of the European Central Bank of 20 March 2003 on the enforcement of measures to counter non-compliant reproductions of euro banknotes and on the exchange and withdrawal of euro banknotes (OJ L 78, 25.3.2003, p. 20)
                        Amended by:

                        31 Dec 2010

                        18

                        Guideline ECB/2013/11 of the European Central Bank of 19 April 2013 amending Guideline ECB/2003/5 on the enforcement of measures to counter non-compliant reproductions of euro banknotes and on the exchange and withdrawal of euro banknotes (OJ L 118, 30.4.2013, p. 43)

                        31 Dec 2014 (1)

                        19

                           Decision ECB/2010/14 of the European Central Bank of 16 September 2010 on the authenticity and fitness checking and recirculation of euro banknotes (OJ L 267, 9.10.2010, p. 1)
                        Amended by:

                        31 Dec 2012

                        20

                           Decision ECB/2012/19 of the European Central Bank of 7 September 2012 amending Decision ECB/2010/14 on the authenticity and fitness checking and recirculation of euro banknotes (OJ L 253, 20.9.2012, p. 19)

                        31 Dec 2013 (1)

                        21

                           Regulation (EU) No 1210/2010 of the European Parliament and of the Council of 15 December 2010 concerning authentication of euro coins and handling of euro coins unfit for circulation (OJ L 339, 22.12.2010, p. 1)

                        31 Dec 2012

                        22

                           Regulation (EU) No 651/2012 of the European Parliament and of the Council of 4 July 2012 on the issuance of euro coins (OJ L 201, 27.7.2012, p. 135)

                        31 Dec 2013 (1)

                        23

                           Decision ECB/2013/10 of the European Central Bank of 19 April 2013 on the denominations, specifications, reproduction, exchange and withdrawal of euro banknotes (OJ L 118, 30.4.2013, p. 37)

                        31 Dec 2014 (1)

                        24

                           Council Regulation (EU) No 729/2014 of 24 June 2014 on denominations and technical specifications of euro coins intended for circulation (OJ L 194, 2.7.2014, p. 1)

                        31 Dec 2013 (2)

               Section of the Annex to the Monetary Agreement in accordance with the Ad hoc arrangement of the Joint Committee on a request from the Holy See and Vatican City State on the inclusion of relevant rules applicable to entities carrying out financial activities on a professional basis

                        Relevant parts of the following legal instruments

                        Deadline for implementing

                        25

                           Council Directive 86/635/EEC of 8 December 1986 on the annual accounts and consolidated accounts of banks and other financial institutions (OJ L 372, 31.12.1986, p. 1), as amended by Directive 2001/65/EC of the European Parliament and of the Council of 27 September 2001 amending Directives 78/660/EEC, 83/349/EEC and 86/635/EEC as regards the valuation rules for the annual and consolidated accounts of certain types of companies as well as of banks and other financial institutions (OJ L 283, 27.10.2001, p. 28), Directive 2003/51/EC of the European Parliament and of the Council of 18 June 2003 amending Directives 78/660/EEC, 83/349/EEC, 86/635/EEC and 91/674/EEC on the annual and consolidated accounts of certain types of companies, banks and other financial institutions and insurance undertakings (OJ L 178, 17.7.2003, p. 16) and Directive 2006/46/EC of the European Parliament and of the Council of 14 June 2006 amending Council Directives 78/660/EEC on the annual accounts of certain types of companies, 83/349/EEC on consolidated accounts, 86/635/EEC on the annual accounts and consolidated accounts of banks and other financial institutions and 91/674/EEC on the annual accounts and consolidated accounts of insurance undertakings (OJ L 224, 16.8.2006, p. 1)

                        31 Dec 2016 (2)

                        26

                           Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338)

                        31 Dec 2017 (2)

                        27

                           Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1)

                        31 Dec 2017 (2)

                        Legislation on collection of statistical information

                        28

                           Guideline ECB/2013/24 of the European Central Bank of 25 July 2013 on the statistical reporting requirements of the European Central Bank in the field of quarterly financial accounts (OJ L 2, 7.1.2014, p. 34)

                        31 Dec 2016 (2)

                        29

                           Regulation (EU) No 1071/2013 of the European Central Bank of 24 September 2013 concerning the balance sheet of the monetary financial institutions sector (ECB/2013/33) (OJ L 297, 7.11.2013, p. 1)

                        31 Dec 2016 (2)

                        30

                           Regulation (EU) No 1072/2013 of the European Central Bank of 24 September 2013 concerning statistics on interest rates applied by monetary financial institutions (ECB/2013/34) (OJ L 297, 7.11.2013, p. 51)

                        31 Dec 2016 (2)

                        31

                           Guideline ECB/2014/15 of the European Central Bank of 4 April 2014 on monetary and financial statistics (OJ L 340, 26.11.2014, p. 1)

                        31 Dec 2016 (2)

         (1)  These deadlines were agreed by the Joint Committee of 2013.

         (2)  These deadlines were agreed by the Joint Committee of 2014.’