title: Decision of the Bureau of the European Parliament of  29 March 2004  laying down the procedures for implementing Regulation (EC) No 2004/2003 of the European Parliament and of the Council on the regulations governing political parties at European level and the rules regarding their funding

text:
               28.6.2006

               EN

               Official Journal of the European Union

               C 150/9

      DECISION OF THE BUREAU OF THE EUROPEAN PARLIAMENT

   of 29 March 2004 (1)

   laying down the procedures for implementing Regulation (EC) No 2004/2003 of the European Parliament and of the Council on the regulations governing political parties at European level and the rules regarding their funding
   (2006/C 150/02)
   THE BUREAU,
   Having regard to the Treaty establishing the European Community, and in particular Article 191 thereof,
   Having regard to Regulation (EC) No 2004/2003 of the European Parliament and of the Council of 4 November 2003 on the regulations governing political parties at European level and the rules regarding their funding (2),
   Having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3) (hereinafter ‘the Financial Regulation’), 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 on the Financial Regulation applicable to the general budget of the European Communities (4) (hereinafter ‘the regulation laying down detailed implementing rules’), and Commission Regulation (EC) No 643/2005 of 27 April 2005 repealing Commission Regulation (EC) No 2909/2000 on the accounting management of the European Communities' non-financial fixed assets (5),
   Having regard to Rule 22(10) of Parliament's Rules of Procedure,
   Whereas:

               (1)

               There is a need to lay down the procedures for awarding and managing grants intended to contribute to the funding of political parties at European level;

               (2)

               Financial support for political parties at European level constitutes a grant within the meaning of Article 108 et seq. of the Financial Regulation,

         HAS DECIDED AS FOLLOWS
   Article 1
   Subject-matter
   These rules lay down the procedures for implementing Regulation (EC) No 2004/2003 of the European Parliament and of the Council of 4 November 2003 on the regulations governing political parties at European level and the rules regarding their funding.
   Article 1a
   For the funding of the political parties at European level, the Bureau shall adopt at the beginning of every parliamentary term an indicative multiannual financial framework, based on reference values for the basic amount per party and for the additional amount linked to the number of MEPs being a member of the party concerned. This framework will constitute the prime reference for the budgetary authority of the European Parliament during the annual budgetary procedure, without affecting the powers of the budgetary authority as defined by the Treaty.
   Article 2
   Call for proposals
   The European Parliament shall publish each year, before the end of the first half of the year, a call for proposals with a view to the awarding of grants to fund political parties at European level. The published document shall set out the eligibility criteria, the arrangements for the provision of Community funding and the proposed timetable for the award procedure.
   Article 3
   Funding application
   1.   For the purposes of implementing Article 4 of Regulation (EC) No 2004/2003, any political party at European level wishing to receive a grant from the general budget of the European Union shall submit a written application to the President of the European Parliament prior to the 15 November preceding the financial year in respect of which the grant is being requested. The conditions laid down in Article 3 of Regulation (EC) No 2004/2003 must be met on the date when the application is submitted.
   2.   The grant application form is annexed to these rules (Annex 1). It is available on Parliament's Internet site.
   3.   All notifications pursuant to Article 4(3) of Regulation (EC) No 2004/2003 shall be forwarded to the President of the European Parliament.
   Article 4
   Decision on the funding application
   1.   On a proposal from the Secretary-General, the Bureau shall assess funding applications on the basis of the criteria laid down in Articles 3 and 4 of Regulation (EC) No 2004/2003 with a view to determining which applications are eligible for funding. The Bureau and, when the Bureau decision is being prepared, the Secretary-General may ask an applicant to submit further supporting documents or to clarify the supporting documents attached to the application, by a deadline which they shall lay down.
   2.   Before 15 February of the financial year in respect of which the grant is being requested, the Bureau shall draw up the list of beneficiaries and the amounts of the grants awarded. Should a grant application not be approved, the Bureau shall set out in the same decision the grounds for rejecting the application, in particular in the light of the criteria laid down in Articles 3 and 4 of Regulation (EC) No 2004/2003.
   The Bureau decision shall be adopted on the basis of the assessment provided for in paragraph 1. It shall take account of any changes which have occurred in an applicant's situation following submission of the application, on the basis of notifications received pursuant to Article 4(3) of Regulation (EC) No 2004/2003 and changes which are common knowledge.
   When, due to an increase in the number of parties applying for funding, or the number of MEPs having joined an applicant party, the reference amounts for the applicants are different from those foreseen under article 1 a, the Secretary-General shall immediately inform the Bureau, which may invite the President to submit a proposal to the competent committee with a view to adapting the available appropriations.
   3.   The President shall inform applicants in writing of the action taken on their applications. In cases where an application has been approved, the notification shall incorporate, as an annex, the draft grant award agreement to be signed by the beneficiary. In cases where an application has not been approved, the notification shall include the grounds for rejection set out by the Bureau. Applicants whose applications have been rejected by the Bureau shall be informed of that fact within 15 calendar days following notification to beneficiaries of the decision to award a grant.
   Article 5
   Grant award agreement
   A grant awarded to a political party at European level shall be the subject of a written agreement between the European Parliament, represented by the President or his or her delegate, and the beneficiary. A copy of the grant award agreement is annexed to these rules (Annex 2). The agreement must be duly completed and signed by the two parties within 30 days following the Bureau decision referred to in Article 4. The wording of the grant award agreement shall not be thereafter amended.
   Article 6
   Payment
   1.   Unless the Bureau decides otherwise, grants shall be paid to political parties at European level in the form of pre-financing in one instalment of 80 % of the maximum amount of the grant laid down in Article I.3.2. of the grant award agreement, within 15 days following the signing of that agreement.
   2.   The balance shall be paid once the period of eligibility for Community funding has come to an end, on the basis of the expenditure actually incurred by the beneficiary in implementing the programme of activities. If the total amount of the preceding payments exceeds the figure determined for the final grant, the European Parliament shall recover the sums unduly paid.
   3.   By 15 May and at the latest by 30 June following the end of the financial year, the beneficiary shall submit the following documents with a view to enabling Parliament to pay the balance of the grant:

               —

               a final report on the implementation of the programme of activities;

               —

               a final financial statement of the eligible expenditure actually incurred, based on the structure of the provisional budget;

               —

               a comprehensive summary of revenue and expenditure corresponding to the beneficiary's accounts for the period of eligibility covered by the grant award agreement;

               —

               a report on an external audit of the beneficiary's accounts carried out by an independent body or expert authorised under national law to audit accounts.

         4.   The purpose of the external audit shall be to certify that the financial documents submitted by the beneficiary to Parliament are consistent with the financial provisions of the grant award agreement, that the expenditure declared was actually incurred, that the statement of revenue is exhaustive, and that the obligations arising out of Articles 6, 7, 8 and 10(2) of Regulation (EC) No 2004/2003 have been met.
   5.   Upon receipt of the documents referred to in paragraph 3, and within two months, the Bureau, acting on a proposal from the Secretary-General, shall approve the final report on the implementation of the programme of activities and the final financial statement.
   The Bureau may ask the beneficiary to supply supporting documents or any further information it regards as necessary to enable it to approve the final report and the final financial statement. The beneficiary shall have 15 days in which to submit the supporting documents concerned.
   After hearing the representatives of the political party concerned, the Bureau may reject the final report and the final financial statement and call for the submission of a fresh report and a fresh financial statement. The beneficiary shall have 15 days in which to submit a fresh report and a fresh financial statement.
   Should Parliament not respond in writing within the two-month period referred to above, the final report and the final financial statement shall be deemed to have been approved.
   6.   The beneficiary shall notify Parliament of the amount of interest or equivalent benefits generated by the pre-financing received from Parliament. The notification must be forwarded with the application for payment of the balance which settles the pre-financing procedure. That interest shall be the subject of a recovery order issued by the Secretary-General or his delegate.
   Article 7
   Determining the final grant
   1.   Irrespective of the information obtained subsequently in connection with the checks and audits, after hearing the representatives of the political party making the request to be heard, the Bureau shall determine the amount of the final grant to be awarded to the beneficiary on the basis of the documents referred to in Article 6(3) which it has approved.
   2.   Under no circumstances may the total amount paid to the beneficiary by Parliament exceed:

               —

               the maximum amount of the grant laid down in Article I.3.2 of the grant award agreement;

               —

               75 % of the eligible expenditure actually incurred.

         3.   The grant shall be limited to the amount needed to balance revenue and eligible expenditure in the operating budget of the beneficiary which implemented the programme of activities and under no circumstances shall it produce a profit for the beneficiary, pursuant to Article 165 of the regulation laying down detailed implementing rules. Any surplus shall give rise to a corresponding reduction in the amount of the grant.
   4.   On the basis of the amount of the final grant determined in this way and the cumulative amount of the payments previously made under the grant award agreement, the Bureau shall lay down the amount of the balance to be paid, which shall be equal to the amounts still due to the beneficiary. If the cumulative amount of the payments previously made exceeds the amount of the final grant, the Secretary-General or his delegate shall issue a recovery order in respect of the excess amount.
   Article 8
   Suspension and reduction of the grant
   On a proposal from the Secretary-General, the Bureau shall suspend payments and reduce the grant, and, if appropriate, shall terminate the grant award agreement, and may request appropriate repayment,

               (a)

               in the event of the grant being used to cover expenditure not authorised by Regulation (EC) No 2004/2003;

               (b)

               in the event of failure to provide the notification laid down in Article 4(3) of Regulation (EC) No 2004/2003;

               (c)

               in the event of failure to meet the conditions and obligations laid down in Articles 3 and 6 respectively of Regulation (EC) No 2004/2003;

               (d)

               should one of the circumstances described in Article 93 or 94 of the Financial Regulation arise.

         Before taking a decision, the Bureau shall give the beneficiary the chance to comment on the irregularities established.
   Article 9
   Recovery
   1.   If amounts have been unduly paid to the beneficiary or if a recovery procedure is justified under the terms of the grant award agreement, the beneficiary shall repay the amounts concerned to Parliament, in accordance with the terms and by the deadline laid down by Parliament.
   2.   Should the beneficiary fail to make the repayment by the deadline laid down by Parliament, the latter shall charge on the sums due late-payment interest at the rate laid down in Article II.14.3 of the grant award agreement. The late-payment interest shall cover the period between the deadline laid down for repayment, exclusive, and the date on which Parliament receives full repayment of the sums due, inclusive.
   Article 10
   Checks and audits
   1.   The regular verification pursuant to Article 5(1) of Regulation (EC) No 2004/2003 shall be carried out by the Secretary-General.
   2.   The beneficiary shall supply all the detailed information requested to Parliament, or to any other external body authorised by Parliament, so that the latter can verify the proper implementation of the programme of activities and the provisions of the grant award agreement.
   3.   The beneficiary shall keep at Parliament's disposal all the original documents, in particular accounting, bank and tax documents, or, in duly substantiated exceptional cases, certified true copies of the original documents, relating to the grant award agreement for a period of five years from the date on which the balance of the amounts due, as referred to in Article I.4 of the grant award agreement, is paid.
   4.   The beneficiary shall facilitate the performance by Parliament, either directly by Parliament staff or by any other external body Parliament has authorised to that effect, of an audit of the way the grant has been used. Such audits may be carried out throughout the lifetime of the grant award agreement, up to the date on which the balance is paid, and for a period of five years as from the date on which the balance is paid. If appropriate, the audit findings may give rise to recovery decisions by the Bureau.
   5.   Each grant award agreement shall expressly provide for auditing by the European Parliament and the Court of Auditors, on the basis of records and on the spot, of the political party at European level which has received a grant from the general budget of the European Union.
   6.   Pursuant to 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) (6), OLAF may also carry out checks and verifications on the spot, in accordance with the procedures laid down by Community law with a view to protecting the financial interests of the European Communities against fraud and other irregularities. If appropriate, the findings may give rise to recovery decisions by the Bureau.
   Article 11
   Technical assistance
   1.   On a proposal from the Secretary-General, the Bureau may grant political parties at European level technical assistance, in accordance with the Bureau decision of 14 March 2000 governing the use of Parliament's premises by outside bodies, as amended by the decision of 2 June 2003, and any other form of technical assistance provided for by subsequent rules. The Bureau may delegate to the Secretary-General the power to take certain types of decisions concerning the granting of technical assistance.
   2.   Each year, within three months following the end of the financial year, the Secretary-General shall submit to the Bureau a report setting out details of the technical assistance provided by Parliament to each political party at European level. The report shall then be published on Parliament's Internet site.
   Article 12
   Publicity
   Details of all the grants awarded by Parliament to political parties at European level during a given financial year shall be published on Parliament's Internet site during the first six months of the following financial year. Those details shall include:

               —

               the name and address of the beneficiary,

               —

               the purpose for which the grant was awarded,

               —

               the amount awarded and the proportion of the beneficiary's total operating budget covered by the funding.

         Article 13
   Right of appeal
   Decisions taken pursuant to these rules may be the subject of an appeal to the Court of Justice of the European Communities or the Court of First Instance of the European Communities, in accordance with the conditions laid down by the Treaty.
   Article 14
   Transitional rules for the financial year 2004
   1.   The date given in Article 3(1) of these rules shall be replaced by 23 July 2004 and the date given in Article 4(2) by 16 September 2004.
   2.   By way of derogation from Article 6(1) of these rules, a single pre-financing instalment of 80 % of the maximum amount of the grant laid down in Article I.3.2 of the grant award agreement shall be paid within 15 days following the signing of that agreement.
   Article 15
   Revision of the rules
   Before 30 September 2005 the Secretary-General of Parliament shall submit to the Bureau a report on the implementation of these rules. If appropriate, that report shall set out any proposed changes to be made to these rules and to the arrangements for funding European political parties as laid down by Regulation (EC) No 2004/2003.
   Article 16
   Entry into force
   These rules shall enter into force on the day following their publication in the Official Journal of the European Union.

      (1)  Amended by the Bureau decision of 1 February 2006.

      (2)  OJ L 297, 15.11.2003, p. 1.

      (3)  OJ L 248, 16.9.2002, p. 1.

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

      (5)  OJ L 107, 28.4.2005, p. 17.

      (6)  OJ L 136, 31.5.1999, p. 1.

      ANNEX 1

      ANNEX 2


title: Decision of the European Systemic Risk Board of 21 September 2011 on the provision and collection of information for the macro-prudential oversight of the financial system within the Union (ESRB/2011/6)

text:
               13.10.2011

               EN

               Official Journal of the European Union

               C 302/3

         DECISION OF THE EUROPEAN SYSTEMIC RISK BOARD
   of 21 September 2011
   on the provision and collection of information for the macro-prudential oversight of the financial system within the Union
   (ESRB/2011/6)
   2011/C 302/04
   THE GENERAL BOARD OF THE EUROPEAN SYSTEMIC RISK BOARD,
   Having regard to Regulation (EU) No 1092/2010 of the European Parliament and of the Council of 24 November 2010 on European Union macro-prudential oversight of the financial system and establishing a European Systemic Risk Board (1), and in particular Articles 3(2), 4(2) and 8(2) and Article 15 thereof,
   Having regard to Council Regulation (EU) No 1096/2010 of 17 November 2010 conferring specific tasks upon the European Central Bank concerning the functioning of the European Systemic Risk Board (2), and in particular Article 2(b), Article 5 and Article 6(4) thereof,
   Having regard to Decision ESRB/2011/1 of the European Systemic Risk Board of 20 January 2011 adopting the Rules of Procedure of the European Systemic Risk Board (3), and in particular Article 28(1) thereof,
   Whereas:

               (1)

               Article 3(2) of Regulation (EU) No 1092/2010 provides that the European Systemic Risk Board (ESRB) has to determine and/or collect and analyse all relevant and necessary information for the macro-prudential oversight of the financial system within the Union in order to contribute to the prevention or mitigation of systemic risks to financial stability in the Union arising from developments within the financial system, taking into account macroeconomic developments, so as to avoid periods of widespread financial distress.

               (2)

               Article 15(2) of Regulation (EU) No 1092/2010 provides that the European Supervisory Authorities (ESAs), the European System of Central Banks (ESCB), the European Commission, the national supervisory authorities (NSAs) and national statistics authorities have to cooperate closely with the ESRB and provide it with all the information necessary for the fulfilment of its tasks in accordance with Union legislation.

               (3)

               Pursuant to Article 15(3) of Regulation (EU) No 1092/2010, the ESRB may request information from the ESAs, as a rule in summary or aggregate form such that individual financial institutions cannot be identified.

               (4)

               Recital 10 of Regulation (EU) No 1096/2010 states that ‘The ECB should be entrusted with the task of providing statistical support to the ESRB’, in accordance with recital 9 thereof.

               (5)

               This Decision does not interfere with the ECB’s entitlement to use for its own purposes the information that it collects under Council Regulation (EC) No 2533/98 of 23 November 1998 concerning the collection of statistical information by the European Central Bank (4).

               (6)

               The content of the aggregated information necessary in the short term for the ESRB’s activity has been defined in cooperation with the ECB and the ESAs on the basis of a joint report,

         HAS ADOPTED THIS DECISION:
   Article 1
   Scope
   This Decision sets out the aggregated information required by the ESRB for the performance of its tasks and lays down the detailed rules for provision and collection of that information.
   Article 2
   Regular provision of aggregated information
   1.   Regular provision of the aggregated information required by the ESRB for the performance of its tasks shall take place as specified in Annexes I and II.
   2.   The aggregated information set out in Annex I shall be provided by the ECB.
   3.   The aggregated information set out in Annex II shall be provided by the respective ESAs.
   4.   The ESRB Secretariat shall:

               (a)

               lay down, where necessary, the technical specifications concerning the information referred to in paragraph 1, after having consulted the ECB and/or ESAs as appropriate; and

               (b)

               collect the information referred to in paragraph 1 and cooperate with the ECB and the ESAs accordingly.

         Article 3
   Ad hoc provision of aggregated information
   The procedures that the ESRB Secretariat shall apply to carry out requests for aggregated information on an ad hoc basis are set out in Annex III.
   Article 4
   Entry into force
   This Decision shall enter into force on 15 October 2011.

      Done at Frankfurt am Main, 21 September 2011.

            The Chair of the ESRB

         Jean-Claude TRICHET

      (1)  OJ L 331, 15.12.2010, p. 1.

      (2)  OJ L 331, 15.12.2010, p. 162.

      (3)  OJ C 58, 24.2.2011, p. 4.

      (4)  OJ L 318, 27.11.1998, p. 8.

      ANNEX I

         Regular provision of aggregated information by the European Central Bank

      The European Central Bank (ECB) reports datasets, published and non-published, for the Member States whose currency is the euro in the area of monetary and financial statistics, which are regulated in respect of content, frequency and timeliness by the legal acts referred to below, or as established by common practice. To the extent that data for Member States whose currency is not the euro are made available on a voluntary basis with the approval of the relevant national central banks, the ECB also reports that data.

                  1.

                  Monetary financial institutions (MFIs) balance sheet data as defined in Regulation ECB/2008/32 of 19 December 2008 concerning the balance sheet of the monetary financial institutions sector (recast) (1).

                  2.

                  MFI interest rate statistics as defined in Regulation ECB/2001/18 of 20 December 2001 concerning statistics on interest rates applied by monetary financial institutions to deposits and loans vis-à-vis households and non-financial corporations (2).

                  3.

                  Investment funds statistics as defined in Regulation ECB/2007/8 of 27 July 2007 concerning statistics on the assets and liabilities of investment funds (3).

                  4.

                  Statistics on securitisation as defined in Regulation ECB/2008/30 of 19 December 2008 concerning statistics on the assets and liabilities of financial vehicle corporations engaged in securitisation transactions (4).

                  5.

                  Selected monetary, financial institutions and markets statistics as defined in Guideline ECB/2007/9 of 1 August 2007 on monetary, financial institutions and markets statistics (recast) (5).

                  6.

                  Consolidated banking data, as approved by the ECB’s Governing Council and General Council, which cover data on balance sheet, profit and loss account and solvency of banking groups on an aggregated basis.

         (1)  OJ L 15, 20.1.2009, p. 14.

         (2)  OJ L 10, 12.1.2002, p. 24.

         (3)  OJ L 211, 14.8.2007, p. 8.

         (4)  OJ L 15, 20.1.2009, p. 1.

         (5)  OJ L 341, 27.12.2007, p. 1.

      ANNEX II

         Regular provision of aggregated information by the European Supervisory Authorities

         GENERAL RULE

      Aggregated information provided by the European Supervisory Authorities (ESAs) comprises data on at least three legal persons, none of which represents 85 % or more of the relevant market, whether it consists of one or more Member States or the Union as a whole. However, if dispersion measures are provided in addition to the aggregated information, the aggregated information comprises data on at least five legal persons when referring to publicly available data, and data on at least six legal persons when there is a need to protect confidential firm-level data.
      A.   European Banking Authority (EBA)

      EBA reports the following datasets for a sample of large banking groups as defined between the ESRB and EBA:
      A1.   Dataset: quarterly data from COREP and FINREP templates
          (1)

      To the extent that the relevant information has been collected in cooperation with the NSAs, EBA transmits to the ESRB data necessary to compile the indicators listed below, which are also provided by the EBA, as well as correlations between the indicators and the following dispersion measures: minimum, first (lower) and third (upper) quartiles, median, average, maximum. EBA should transmit this information quarterly, five working days following EBA’s receipt of data from the NSAs, which occurs 90 days after the reference date. The date for the first transmission of information will be agreed between the ESRB and EBA. Consistent back data for the previous five to eight quarters should also be submitted, if available, on a best effort basis.
      The following indicators are to be provided:

                  (a)

                  solvency indicators:
                  tier 1 capital ratio; total capital ratio; tier 1 ratio (excluding hybrid instruments); credit risk capital requirements of total capital requirements; standardised approach capital requirements of total capital requirements; securitisation capital requirements of total capital requirements; ‘internal ratings-based’ approach capital requirements of total capital requirements; market risk capital requirements of total capital requirements; operational risk capital requirements of total capital requirements; settlement and delivery risk capital requirements of total capital requirements; other capital requirements of total capital requirements;

                  (b)

                  credit risk and asset quality indicators:
                  past due (> 90 days) loans to total loans and advances; impaired loans to total loans; coverage ratio (specific allowances for loans to total gross impaired loans); past due (> 90 days) loans and debt instruments to total loans and debt instruments; coverage ratio (specific allowances for loans and debt instruments to total gross impaired loans and debt instruments); coverage ratio (all allowances for loans and debt instruments to total gross impaired loans and debt instruments); impaired financial assets to total assets; impaired debt instruments to total debt instruments; accumulated impairments on financial assets to total (gross) assets;

                  (c)

                  earnings risks indicators:
                  return on equity; return on regulatory capital requirements; cost-income ratio; return on assets; net interest income to total operating income; net fee and commission income to total operating income; dividend income to total operating income; net realised gains (losses) on financial assets and liabilities not measured at fair value through profit and loss to total operating income; net gains on financial assets and liabilities held for trading to total operating income; net gains on financial assets and liabilities designated at fair value through profit or loss to total operating income; net other operating income to total operating income; net income to total operating income; impairment on financial assets to total operating income;

                  (d)

                  balance sheet structure:
                  loan-to-deposit ratio; customer deposits to total liabilities; leverage ratio (tier 1 capital to (total assets — intangible assets)); debt securities to total liabilities; deposits from credit institutions to total liabilities; equity to total liabilities and equity; cash and trading assets to total assets; cash, trading and available-for-sale assets to total assets; financial assets held for trading to total assets; financial liabilities held for trading to total liabilities and equity; loans and advances (excluding trading book) to total assets; debt-to-equity ratio; off-balance-sheet items to total assets;

                  (e)

                  growth rates (%) per annum:
                  total assets; total loans; total customer deposits; total operating income; impairments on financial assets; past due (> 90 days) loans and debt instruments; total gross impaired loans and debt instruments; risk-weighted assets.

            A2.   Dataset: quarterly data on liquidity

      EBA transmits to the ESRB data necessary to compile the indicators listed below, which are also provided by the EBA, as well as the following dispersion measures: minimum, first (lower) and third (upper) quartiles, median, average, maximum. This information is transmitted quarterly, five working days following EBA’s receipt of data from the NSAs, which occurs 90 days after the reference date. The information in the first transmission will refer to mid-2013, depending on the final changes to provisions on reporting set forth in Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions (recast) (2) and Directive 2006/49/EC of the European Parliament and of the Council of 14 June 2006 on the capital adequacy of investment firms and credit institutions (recast) (3). The date for the first transmission of information will be agreed between the ESRB and EBA. No historical information is required.
      The following indicators are to be provided: proxies on the basis of available data for liquidity coverage ratio and net stable funding ratio.
      A3.   Dataset: quarterly data from EBA common reporting of large exposures templates
          (4)

      To the extent that the relevant information has been collected in cooperation with the NSAs and in accordance with the general rule on aggregated information, EBA transmits to the ESRB data necessary to compile the indicators listed below, which are also provided by the EBA, as well as dispersion measures agreed between the ESRB and EBA. This information is transmitted quarterly, five working days following receipt of data from the NSAs, which occurs 90 days after the reference date. The information in the first transmission will refer to end-December 2011. The date for the first transmission of information will be agreed between the ESRB and EBA. No historical information is required.
      The following indicators are to be provided: number of large exposures of the large Union banking groups; amount of large exposures broken down by country and sector of counterparty (government; other large Union banking groups; other banks; other financial intermediaries; non-financial corporations; retail); amount (exposure before credit risk mitigation) of large exposures of the large Union banking groups broken down by instrument (assets; derivatives; off-balance-sheet; indirect exposures) and percentage of own funds; amount (exposure after credit risk mitigation, of which banking book) of the large exposures of the large Union banking groups and percentage of own funds.
      B.   European Insurance and Occupational Pensions Authority (EIOPA)

      EIOPA reports the following datasets. The B1 dataset refers to large Union insurance companies, as identified by EIOPA. The B2 dataset refers to all Union insurance companies, with such aggregated information being collected on a solo basis.
      B1.   Dataset: annual fast-track reporting

      To the extent that the relevant information has been collected in cooperation with the NSAs and in accordance with the general rule on aggregated information, EIOPA transmits to the ESRB data necessary to compile the indicators listed below, which are also provided by EIOPA, either as total amounts or as the following dispersion measures: unweighted average, weighted average by gross premiums, median, first quartile, third quartile, minimum, maximum. Information is transmitted annually, approximately 80 calendar days after the reference year. The date for the first transmission of information will be agreed between the ESRB and EIOPA.
      The following indicators are to be provided:

                  (a)

                  total amounts (sum):

                              (i)

                              total insurance business (life and non-life): gross premiums written; net premiums earned; net claims incurred; net operating expenses; available solvency capital; required solvency capital;

                              (ii)

                              non-life insurance business: gross premiums written with breakdown by line of business (accident and health; motor vehicle; motor vehicle third party liability; other classes; marine, aviation and transport; fire and other damage to property; general liability; credit and suretyship; other non-life insurance); net premiums earned; net claims incurred; net operating expenses; available solvency capital; required solvency capital;

                              (iii)

                              life insurance business: gross premiums written with breakdown by line of business (linked life insurance; non-linked life insurance; capital redemption insurance; group pension insurance; other life insurance); net premiums earned; net claims incurred; net operating expenses; available solvency capital; required solvency capital;

                  (b)

                  dispersion measures:

                              (i)

                              total insurance business (life and non-life): gross premiums written growth rate; return on equity; return on assets; solvency ratio;

                              (ii)

                              non-life insurance business: gross premiums written growth rate with breakdown by line of business (accident and health; motor vehicle; motor vehicle third party liability; other classes; marine, aviation and transport; fire and other damage to property; general liability; credit and suretyship; other non-life insurance); loss ratio; expense ratio; combined ratio; return on equity; return on assets; solvency ratio;

                              (iii)

                              life insurance business: gross premiums written growth rate with breakdown by line of business (linked life insurance; non-linked life insurance; capital redemption insurance; group pension insurance; other life insurance); return on equity; return on assets; solvency ratio.

            B2.   Dataset: annual regular reporting

      To the extent that the relevant information has been collected in cooperation with the NSAs and in accordance with the general rule on aggregated information, EIOPA transmits to the ESRB data necessary to compile the indicators listed below, which are also provided by EIOPA, as total amounts: unweighted average, weighted average by gross premiums, total large Union insurers’ ratios, median, first quartile, third quartile, minimum, maximum. This information is transmitted annually, approximately 270 calendar days after the reference year. The date for the first transmission of data will be agreed between the ESRB and EIOPA. Historical series are provided from 2003.
      The following indicators are to be provided:

                  (a)

                  total insurance business (life and non-life): gross premiums written; net premiums earned; net claims incurred; net operating expenses; available solvency capital; required solvency capital;

                  (b)

                  non-life insurance business: gross premiums written with breakdown by line of business (accident and health; motor vehicle; motor vehicle third party liability; other classes; marine, aviation and transport; fire and other damage to property; general liability; credit and suretyship; other non-life insurance); net premiums earned; net claims incurred; net operating expenses; available solvency capital; required solvency capital;

                  (c)

                  life insurance business: gross premiums written with breakdown by line of business (linked life insurance; non-linked life insurance; capital redemption insurance; group pension insurance; other life insurance); net premiums earned; net claims incurred; net operating expenses; available solvency capital; required solvency capital.

            C.   European Securities Markets Authority (ESMA)

      ESMA provides the following datasets:
      C1.   Dataset: Markets in Financial Instruments Directive
          (5)
         database

      ESMA transmits to the ESRB data, collected in cooperation with the NSAs, necessary to compile the indicators listed below, which are also provided by ESMA. This information is transmitted on a quarterly basis, five days after the reference period. The date for the first transmission of information will be agreed between the ESRB and ESMA. Historical information is provided from November 2007.
      The following indicators are to be provided: name and designation of the Member State of the competent authority that has authorised the systematic internalisers; name and designation of the Member State of the competent authority that has authorised the multilateral trading facilities; name and designation of the Member State of the competent authority that has authorised the regulated market; name and designation of the Member State of the competent authority that has authorised the central counterparty clearing houses.
      C2.   Dataset: reference data system database

      ESMA transmits to the ESRB data, collected in cooperation with the NSAs, necessary to compile the indicators listed below, which are also provided by ESMA, as well as dispersion measures agreed between the ESRB and ESMA. This information is transmitted on a quarterly basis, five days after the reference period. The date for the first transmission of information will be agreed between the ESRB and ESMA. Historical information is provided from June 2009.
      The following indicators are to be provided: breakdown of financial instruments admitted to trading in European Economic Area markets whose Classification of Financial Instruments code is ES (common/ordinary shares); number of instruments by Member States; number of instruments admitted by market; number of new instruments issued by market; number of new instruments issued by Member States.

         (1)  COREP and FINREP templates, in force on the reporting date, as produced in the form of EBA guidelines published on EBA’s website at http://www.eba.europa.eu or, as appropriate, in the form of technical standards developed by EBA and adopted by the Commission under Article 74(2) of Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions (OJ L 177, 30.6.2006, p. 1).

         (2)  OJ L 177, 30.6.2006, p. 1.

         (3)  OJ L 177, 30.6.2006, p. 201.

         (4)  Large exposure templates, in force on the reporting date, as produced in the form of EBA guidelines published on EBA’s website at http://www.eba.europa.eu or, as appropriate, in the form of technical standards (part of the COREP framework) developed by EBA and adopted by the Commission under Article 110 of Directive 2006/48/EC.

         (5)  Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC (OJ L 145, 30.4.2004, p. 1).

      ANNEX III

         Ad hoc requests for aggregated information by the ESRB

      A.   GENERAL CONSIDERATIONS

      1.   Identification of the need for an ad hoc survey

      1.1.   The European Systemic Risk Board (ESRB) may request aggregated information to be provided on an ad hoc basis. Such ad hoc ESRB information requests may be addressed by: (a) providing information already available from the European System of Central Banks (ESCB), the European Supervisory Authorities (ESAs), commercial data providers or the databases of international organisations, e.g. the Bank for International Settlements (BIS); or (b) conducting an ad hoc survey.
      1.2.   In view of the above, initial ad hoc requests for aggregated information submitted by ESRB structures will generally first trigger an investigation phase, the aim of which is to identify whether an ad hoc survey needs to be carried out. The investigation phase will, in particular, assess what quantitative and qualitative data are already available and whether they are fit for purpose. Where the available data are not fit for purpose and the need arises for the data to be collected from reporting agents through an ad hoc survey, the investigation phase may already identify the relevant reporting population and broad cost implications for the reporting agents in carrying out an ad hoc survey. The outcome of the investigation may entail the adoption of a decision by the ESRB’s General Board for aggregated information to be collected via an ad hoc survey.
      1.3.   The ESRB and one or more ESAs may agree, due to their common interest in a specific topic, to launch a joint ad hoc survey, in which case an investigation phase is unnecessary.
      2.   Types of ad hoc surveys

      2.1.   Two types of ad hoc surveys may be used:

                  (a)

                  Type 1 surveys focus on specific issues, e.g. adequate assessment of exposures, and usually aim to provide more detailed breakdowns within regular data collection exercises, e.g. ‘of which’ positions. Type 1 surveys may also cover datasets that give rise to (regular) data collection in a different context or by a different organisation, such as the International Monetary Fund or the BIS, and for which established methodological frameworks already exist;

                  (b)

                  Type 2 surveys cover phenomena not previously analysed and for which no methodology has been established and no regular data collection is carried out. Type 2 surveys are considerably more work-intensive than type 1 surveys and may have no benchmark. Information extracted from type 2 surveys may be more difficult to interpret. The need to identify the relevant reporting agents and establish a methodological framework may imply that considerable time is required before information is collected.

            2.2.   In deciding whether an ad hoc survey is needed, the ESRB’s General Board will be informed of and will take into account the likely costs involved and the timetable for conducting such a survey.
      B.   PRINCIPLES AND PROCEDURE FOR HANDLING AD HOC REQUESTS

      3.   Principles

      The ESRB Secretariat, the European Central Bank (ECB) and the ESAs (hereinafter the ‘parties’) will adhere to the following principles when fulfilling ad hoc ESRB information requests:

                  (a)

                  follow agreed procedural steps, which should be applied in transparent manner;

                  (b)

                  avoid excessive interaction with reporting agents;

                  (c)

                  maximise the use of existing information for various analytical and operational purposes, while respecting the necessary legal constraints and confidentiality safeguards;

                  (d)

                  use existing, to the extent possible harmonised, methodologies and data collections as much as possible;

                  (e)

                  develop best practices for ad hoc surveys by introducing feedback mechanisms and sharing information on methodologies among all parties involved.

            4.   Procedure

      4.1.   Investigation phase

                  4.1.1.

                  ESRB structures convey their initial requests for an ad hoc collection of aggregated information to the ESRB Secretariat, which then organises the investigation phase with the support of the ECB, by taking the actions described below. The initial information request is transformed into actual data requirements and the availability and quality of relevant information is assessed within relevant organisations. The ESAs and the Joint Committee of the ESAs are informed of the content of the initial ad hoc request and invited to cooperate with the ECB in the assessment of the available information, with a view to maximising the use of previously collected information and avoiding an increased reporting burden. The investigation phase may also rely on the ESCB, including the ESCB Statistics Committee (STC), the ESCB Financial Stability Committee (FSC), or other sources within the European Statistical System, commercial data providers and international organisations, e.g. the BIS.

                  4.1.2.

                  If, as a result of the investigation phase: (a) fit for purpose data or acceptable proxies are available and of sufficient quality, and (b) the owner’s permission is obtained to use data not fully in the public domain, such data are provided via the ESRB Secretariat to the relevant ESRB structure requesting the information, together with the required quality assessment and information on the cost of data obtained from commercial sources.

                  4.1.3.

                  In other cases, in particular where any of the following occur: (a) proxies are available but are of unknown or insufficient quality; (b) data and proxies are unavailable; (c) permission to use data not fully in the public domain is not obtained, the ECB provides the ESRB with the outcome of the assessment related to the availability of information and proposes possible sources and methodologies for an ad hoc survey, including: (i) categories and the number of reporting agents, (ii) reporting channels, e.g. the STC, the FSC or the ESAs, (iii) approximate estimate of the costs and timeframe, (iv) anticipated difficulties.

            4.2.   Data collection phase

                  4.2.1.

                  After receiving the investigation results, the ESRB Secretariat submits via the ESRB’s Steering Committee for approval by the ESRB’s General Board a proposal for follow-up action together with an approximate assessment of merits and costs. The ESRB’s General Board decides whether to undertake an ad hoc survey, which may require the involvement of reporting agents. The decision of the General Board may determine, in particular: (a) the granularity of the required information on an institutional and item level, (b) the confidentiality regime to be applied, in particular who will be allowed to access which data and how data will be stored and transmitted, (c) the time limits for provision of the information.

                  4.2.2.

                  Where an ad hoc survey is conducted by an ESA, the ESRB Secretariat contacts the relevant ESA and the Joint Committee. Data may be transmitted via the ECB, in full compliance with Article 8 of Regulation (EU) No 1092/2010 of the European Parliament and of the Council of 24 November 2010 on European Union macro-prudential oversight of the financial system and establishing a European Systemic Risk Board (1).

                  4.2.3.

                  Where an ad hoc survey is conducted by the ESCB, the ESRB Secretariat contacts the ECB, which then initiates contact with the potential reporting agents via national competent authorities using the appropriate ESCB committees and respecting applicable confidentiality constraints.

                  4.2.4.

                  Following completion of each ad hoc survey, the parties will share information on the survey’s implementation and, in particular, on the applied methodologies and quality checks as well as on any encountered difficulties, with a view to improving the effectiveness and efficiency of future surveys.

         (1)  OJ L 331, 15.12.2010, p. 1.


Avis juridique important

|

32003D0014(01)

2003/797/EC: Decision of the European Central Bank of 7 November 2003 concerning the administration of the borrowing-and-lending operations concluded by the European Community under the medium-term financial assistance facility (ECB/2003/14)

Official Journal L 297 , 15/11/2003 P. 0035 - 0036

Decision of the European Central Bankof 7 November 2003concerning the administration of the borrowing-and-lending operations concluded by the European Community under the medium-term financial assistance facility(ECB/2003/14)(2003/797/EC)THE GENERAL COUNCIL OF THE EUROPEAN CENTRAL BANK,Having regard to the Treaty establishing the European Community and in particular Article 119 and Article 123(2) thereof,Having regard to the Statute of the European System of Central Banks and of the European Central Bank and in particular Article 21.2, Article 44 and the first indent of Article 47.1 thereof,Having regard to Council Regulation (EC) No 332/2002 of 18 February 2002 establishing a facility providing medium-term financial assistance for Member States' balances of payments(1) and in particular Article 9 thereof,Whereas:(1) In accordance with Article 123(2) of the Treaty and the first paragraph of Article 44 of the Statute, and pursuant to Article 1(1) of Decision ECB/1998/NP2 of 23 June 1998 concerning the performance by the European Central Bank of certain tasks taken over from the European Monetary Institute, the European Central Bank (ECB) took over the tasks of the European Monetary Institute (EMI) referred to in the fifth indent of Article 117(2) of the Treaty, the fifth indent of Article 4.1 and the third indent of Article 6.1 of the Statute of the EMI, until no later than the day immediately preceding the first day of the third stage of economic and monetary union (third stage).(2) Pursuant to Decision ECB/1998/NP15 of 1 December 1998 concerning the performance by the ECB of certain functions relating to medium-term financial assistance for Member States' balances of payments(2), the EMI's Decision No 8/95 of 2 May 1995 concerning the administration of the borrowing-and-lending operations concluded by the European Community under the medium-term financial assistance mechanism remained valid and continued to apply as of the first day of the third stage.(3) The functions mentioned under recital 2 were performed on the basis of Article 11 of Council Regulation (EEC) No 1969/88 of 24 June 1988 establishing a single facility providing medium-term financial assistance for Member States' balances of payments(3).(4) Regulation (EC) No 332/2002, which entered into force on 24 February 2002, repealed Regulation (EEC) No 1969/88.(5) According to Article 9 of Regulation (EC) No 332/2002, the ECB must make the necessary arrangements for the administration of the loans granted under the medium-term financial assistance facility established by this Regulation.(6) This decision implementing Article 9 of Regulation (EC) No 332/2002 will repeal Decision ECB/1998/NP15. In view of the fact that the other tasks and decisions of the EMI referred to in Decision ECB/1998/NP2 are also no longer valid or applicable in the third stage, Decision ECB/1998/NP2 may, in the interest of clarity, also be repealed,HAS ADOPTED THIS DECISION:Article 1The ECB shall perform the tasks stipulated in Article 9 of Regulation (EC) No 332/2002, in the manner described in Articles 2 to 8 hereafter.Article 2Payments connected with the European Community's borrowing-and-lending operations shall be effected through the accounts that the ECB shall open in the ECB's name.Article 31. Funds received by the ECB, for the account of the European Community, under borrowing arrangements entered into by the latter, shall be transferred on the same value date to the account specified by the national central bank of the Member State receiving the corresponding loan.2. Funds received by the ECB, for the account of the European Community, in respect of payment of interest or repayment of the principal from the Member State that has received the loan, shall be transferred on the same value date to the accounts specified by the creditors under the borrowing arrangements entered into by the European Community.Article 4For each borrowing and lending operation the ECB shall open the following accounts in euro in its books:(a) a nostro account entitled "Balances in euro held with ..." corresponding to the funds received for the account of the European Community;(b) an account on the liabilities side forming the counterpart of the account referred to under (a);(c) a memorandum account, entitled "European Community liabilities in respect of European Community borrowing operations", divided, where applicable, into sub-accounts corresponding to the individual creditors in respect of borrowing arrangements;(d) a memorandum account, entitled "European Community claims in respect of European Community lending operations".Article 5The ECB shall book the financial operations described in Article 3 on their value date by debiting or crediting the accounts mentioned in Article 4.Article 61. The ECB shall check the due dates laid down in the borrowing-and-lending arrangements for the payment of interest and the repayment of the principal.2. At least 15 calendar days before each due date the ECB shall notify the national central bank of the Member State that is in debt to the European Community.Article 7The ECB shall immediately inform the European Commission in writing of any operation which it has carried out for the account of the European Community. The ECB shall address such communications to the attention of the Directorate-General for Economic and Financial Affairs at the European Commission.Article 8At the end of each calendar year, the ECB shall prepare a report to inform the European Commission of the financial operations it has carried out during the year in connection with borrowing-and-lending operations. This report shall contain a statement of the European Community's claims and liabilities arising out of the borrowing-and-lending operations.Article 9Decision ECB/1998/NP2 and Decision ECB/1998/NP15 are hereby repealed.Article 10The Executive Board of the ECB shall make all the arrangements necessary to give effect to this Decision.Article 11This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.Done at Frankfurt am Main, 7 November 2003.On behalf of the General Council of the ECBJean-Claude Trichet(1) OJ L 53, 23.2.2002, p. 1.(2) Published as Annex V to Decision ECB/2000/12 of 10 November 2000 on the publication of certain legal acts and instruments of the European Central Bank (OJ L 55, 24.2.2001, p. 76).(3) OJ L 178, 8.7.1988, p. 1; Regulation as amended by the 1994 Act of Accession.


title: Council Decision (EU) 2015/155 of 27 January 2015 on the position to be taken on behalf of the European Union within the Committee on Trade in Goods set up by the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, as regards the adoption of the rules on Tariff Rate Quota administration

text:
               31.1.2015

               EN

               Official Journal of the European Union

               L 26/22

         COUNCIL DECISION (EU) 2015/155
   of 27 January 2015
   on the position to be taken on behalf of the European Union within the Committee on Trade in Goods set up by the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, as regards the adoption of the rules on Tariff Rate Quota administration
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part (1) (‘the Agreement’), was signed on 6 October 2010.

               (2)

               Pursuant to its Article 15.10(5), the Agreement has been provisionally applied since 1 July 2011 pending the completion of the procedures for its conclusion.

               (3)

               Article 15.1 of the Agreement establishes a Trade Committee, which, inter alia, has the task of ensuring that the Agreement operates properly and of supervising the work of all specialised committees.

               (4)

               In accordance with Article 15.2 of the Agreement, specialised committees were established under the auspices of the Trade Committee. The Committee on Trade in Goods, in accordance with Article 2.16 of the Agreement, is one of those specialised committees.

               (5)

               Pursuant to point 2 of Appendix 2-A-1 of the Agreement, it is possible for Korea to use an auction system to administer and implement Tariff Rate Quotas (‘TRQs’) applied by Korea to milk and cream, butter, honey and oranges originating in the Union on the basis of the Agreement. The terms of the auction system are to be established by mutual agreement of the Parties within the Committee on Trade in Goods.

               (6)

               Pursuant to point 3 of Appendix 2-A-1 of the Agreement, it is possible for Korea to use a licensing system to administer and implement certain TRQs. The Parties are to agree in the Committee on Trade in Goods on the policies and procedures for the licensing system, including eligibility to receive TRQ quantities, and any changes or amendments to them.

               (7)

               It is necessary to establish the position to be taken on behalf of the Union in the Committee on Trade in Goods as regards the rules on TRQ administration.

               (8)

               The joint decision will be taken by an exchange of notes between the Union and Korea, to be signed by a Commission representative on behalf of the Union.

               (9)

               The position of the Union within the Committee on Trade in Goods should therefore be based on the draft Decision of the Committee on Trade in Goods annexed to this Decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken on behalf of the Union within the Committee on Trade in Goods set up by the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, as regards the adoption of the rules on TRQ administration, shall be based on the draft Decision of the Committee on Trade in Goods annexed to this Decision.
   Minor technical corrections to the draft Decision of the Committee on Trade in Goods may be agreed to by the representatives of the Union within that Committee without the need for a new Council Decision.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 27 January 2015.

            For the Council

            The President

         J. REIRS

      (1)  OJ L 127, 14.5.2011, p. 6.

      DRAFT
      DECISION No 1 OF THE EU-KOREA COMMITTEE ON TRADE IN GOODS
      of …
      on the adoption of the rules for Tariff Rate Quota administration and implementation
      THE COMMITTEE ON TRADE IN GOODS,
      Having regard to the Free Trade Agreement between the Republic of Korea (‘Korea’), of the one part, and the European Union and its Member States, of the other part, (‘the Parties’ and ‘the Agreement’), and in particular Articles 2.16, 15.2.1 and points 2 and 3 of Appendix 2-A-1 thereof,
      Whereas:

                  (1)

                  Article 15.1 of the Agreement establishes a Trade Committee, which shall, inter alia, ensure that the Agreement operates properly and supervise the work of all specialised committees.

                  (2)

                  In accordance with Article 15.2 of the Agreement, specialised committees were established under the auspices of the Trade Committee. The Committee on Trade in Goods, in accordance with Article 2.16 of the Agreement, is one of these specialised committees.

                  (3)

                  Pursuant to point 2 of Appendix 2-A-1 of the Agreement, Korea may use an auction system to administer and implement the tariff-rate quotas (‘TRQs’) applied by Korea to certain originating goods of the European Union on the basis of the Agreement. The terms of the auction system have to be established by mutual agreement of the Parties by decision of the Committee on Trade in Goods.

                  (4)

                  Pursuant to point 3 of Appendix 2-A-1 of the Agreement, Korea may use a licensing system to administer and implement certain TRQs. The Parties shall agree in the Committee on Trade in Goods on the policies and procedures for the licensing system, including eligibility to receive TRQ quantities, and any changes or amendments to them,

            HAS DECIDED AS FOLLOWS:

                  1.

                  Korea will administer and implement the tariff-rate quotas applied by Korea to certain originating goods of the European Union on the basis of the Free Trade Agreement between the Republic of Korea, of the one part, and the European Union and its Member States, of the other part, in accordance with the rules set out in the Annex to this Decision.

                  2.

                  This Decision shall enter into force on…

         Done at, …,

               For the Committee on Trade in Goods

            Mauro PETRICCIONE

               Director

               Directorate-General for Trade of the European Commission

            Hak-Do KIM

               Director-General for FTA Policy

               Ministry for Trade, Industry and Energy of the Republic of Korea

         ANNEX

            RULES FOR THE ADMINISTRATION AND IMPLEMENTATION OF THE TARIFF RATE QUOTAS

         Article 1
         Timing of auctions and license application
         (1)   Auctions for skim milk powder, whole milk powder, condensed milk and natural honey shall precede the import period, i.e. in June for quotas opening in July.
         (2)   The specific guidelines by the Korea Agro-Fisheries & Food Trade Corporation will provide that the public notices for the auctions will be made eight calendar days prior to the deadline of the application for participating in the auctions.
         (3)   For product items whose timeline of quota license application is not fixed in the Korea-EU Free Trade Agreement, the specific guidelines of the agencies designated to manage Tariff Rate Quotas (TRQs) (hereinafter referred to as ‘Recommending Agencies’) will provide for a license application period of at least seven calendar days from the first working day of the execution year referred to in Annex 2-A, point 5 of the Korea-EU Free Trade Agreement.
         Article 2
         Deposit and fees
         (1)   There will be no administrative cost or fees charged other than the deposit — the amount paid by bidders applying for auction — for services related to an application for a TRQ allocation through auction.
         (2)   The general instructions to bidders for each auction will prescribe that the deposit is to be returned to bidders as soon as allowed by normal administration procedures after the auction is completed.
         (3)   No guarantee or deposit will be required for license applicants.
         Article 3
         Issuance and validity of a recommendation
         (1)   Recommending Agencies will issue a Korea-EU FTA TRQs Import Recommendation (hereinafter referred to as ‘Recommendation’) following an auction or a licence application.
         (2)   Recommendations to the applicants shall be issued within two calendar days provided the submitted TRQs Recommendation application meets the Recommendation requirements.
         (3)   A Recommendation for TRQs import will be valid for 90 days. The validity period may be extended for another 30 days, but cannot exceed the last day of the execution year referred to in Annex 2-A, point 5 of the Korea-EU Free Trade Agreement.
         Article 4
         Publishing information on TRQ administration
         (1)   The guidelines of the Ministry of Agriculture, Food and Rural Affairs of Korea (hereinafter referred to as ‘MAFRA’) and specific guidelines of Recommending Agencies will be published on their respective websites.
         (2)   The Recommending Agencies will publish on a regular basis on their websites information that includes public notice for licence applications and auctions, license allocation and auction periods, allocated quantities, remaining quantities available for each TRQ and the planned date of the next auction/licensing period.
         (3)   The basic criteria for auctions including eligibility, payment and return of deposit, auction dates, auction code and information will be contained in the specific guidelines by the Korea Agro-Fisheries & Food Trade Corporation or in the general instructions to bidders for each auction.
         Article 5
         TRQ allocation rules
         The MAFRA guidelines allow the distribution of the annual TRQ volume throughout the year by dividing the annual TRQ volume into several sub-volumes, the sum of which equals the annual TRQ volume. The total TRQ volume for each execution year as set forth in the Korea-EU Free Trade Agreement shall not be reduced.

            Tariff-rate quotas (TRQs) administration: Glossary

                     Recommending agencies

                     Korean agencies designated to manage TRQs: Korea Dairy Industries Association, Korea Agro-Fisheries & Food Trade Corporation, Korea Feed Ingredients Association and the Korea Feed Milk Replacer Association
                     Websites:

                                 Korea Dairy Industries Association (only the Korean language version available):
                                 http://www.koreadia.or.kr/

                                 Korea Agro-Fisheries & Food Trade Corporation:
                                 http://www.at.or.kr/home/apen000000/index.action

                                 Korea Feed Ingredients Association (only the Korean language version available):
                                 http://www.kfeedia.org/main.html

                                 Korea Feed Milk Replacer Association (only the Korean language version available):
                                 http://milkreplacer.or.kr/

                     Deposit

                     Amount paid by tenderers applying for an auction. The deposit is returned to every tenderer immediately after the quota recommendation.

                     Recommendation

                     Issue of an import TRQ following an auction or licence application.

                     Validity period

                     Period during which a recommendation for an import TRQ is valid.

                     Execution year

                     Period of 12 months between consecutive FTA anniversaries (July 1st) for which an annual TRQ volume is laid down in the Korea-EU FTA.


title: Decision (EU, Euratom) 2016/847 of the Representatives of the Governments of the Member States of 24 May 2016 appointing a Judge to the General Court

text:
               28.5.2016

               EN

               Official Journal of the European Union

               L 141/77

         DECISION (EU, Euratom) 2016/847 OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
   of 24 May 2016
   appointing a Judge to the General Court
   THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 19 thereof,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 254 and 255 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a(1) thereof,
   Whereas:

               (1)

               The terms of office of 14 Judges of the General Court are due to expire on 31 August 2016. Appointments should therefore be made for the period from 1 September 2016 to 31 August 2022.

               (2)

               It has been proposed that the term of office of Mr Lauri MADISE should be renewed.

               (3)

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

         HAVE ADOPTED THIS DECISION:
   Article 1
   Mr Lauri MADISE is hereby appointed Judge of the General Court for the period from 1 September 2016 to 31 August 2022.
   Article 2
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 24 May 2016.

            The President

         P. DE GOOIJER


title: 2013/699/EU: Council Decision of 25 November 2013 appointing a Latvian member and two Latvian alternate members of the Committee of the Regions

text:
               30.11.2013

               EN

               Official Journal of the European Union

               L 320/43

         COUNCIL DECISION
   of 25 November 2013
   appointing a Latvian member and two Latvian alternate members of the Committee of the Regions
   (2013/699/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal from the Latvian Government,
   Whereas:

               (1)

               On 22 December 2009 and 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

               (2)

               A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Guntars KRIEVIŅŠ.

               (3)

               An alternate member’s seat has become vacant following the end of the term of office of Mr Viktors GLUHOVS. An alternate member’s seat will become vacant following the appointment of Mr Jānis VĪTOLIŅŠ as member of the Committee of the Regions,

         HAS ADOPTED THIS DECISION:
   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 2015:

               (a)

               as member:

                           —

                           Mr Jānis VĪTOLIŅŠ, First Deputy Chairman of Ventspils City Council

                     and

               (b)

               as alternate members:

                           —

                           Mr Gunārs ANSIŅŠ, Deputy Chairman of Liepāja City Council

                           —

                           Ms Olga VEIDIŅA, Chairman of the Social Issues Committee of Rīga City Council.

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

      Done at Brussels, 25 November 2013.

            For the Council

            The President

         D. PAVALKIS

      (1)  OJ L 348, 29.12.2009, p. 22.

      (2)  OJ L 12, 19.1.2010, p. 11.


title: European Investment Bank — Decision of the Board of Governors of 30 March 2009 on the increase in the capital of the European Investment Bank

text:
               15.1.2010

               EN

               Official Journal of the European Union

               L 10/19

         EUROPEAN INVESTMENT BANK
   DECISION OF THE BOARD OF GOVERNORS
   of 30 March 2009
   on the increase in the capital of the European Investment Bank
   THE BOARD OF GOVERNORS OF THE EUROPEAN INVESTMENT BANK,
   HAVING REGARD to Articles 4(3) and 5(2) of the Statute,
   WHEREAS the task of the Bank is set out in Article 267 of the Treaty establishing the European Community,
   WHEREAS according to Article 4(1), second subparagraph, of the Bank’s Statute the unit of account shall be defined as being the euro,
   WHEREAS the recent development of the Bank’s activity and the likely evolution of lending, in particular with a view to respond to the European and Ecofin Councils’ invitations, requires an increasing EIB support for a range of activities, particularly against the current outlook of the economic situation in the EU over the coming years,
   WHEREAS according to the deliberations of the Board of Directors on the Bank’s requirements for capital at its meeting on 16 December 2008, the subscribed capital of the Bank should be increased to EUR 232 392 989 000; the portion to be paid in should be 5 percent, funded entirely by the Bank from its Additional Reserves, and the Reserve Fund should progressively be rebuilt up to its statutory requirement of 10 percent of subscribed capital,
   UNANIMOUSLY DECIDED on 30 March 2009, using the written procedure provided for in Article 5 of the Bank’s Rules of Procedure, on a proposal from the Board of Directors, in accordance with Article 4(3) of the EIB’s Statute that:

               1.

               Additional Reserves of the Bank in the amount of EUR 5 379 241 000 shall be considered as free reserves;

               2.

               Of the free reserves, EUR 2 000 000 000 shall be transferred to a dedicated reserve to support SFF and similar undertakings;

               3.

               With effect from 1 April 2009, the capital of the Bank shall be increased as follows:

                           3.1.

                           The capital subscribed by the Member States shall be raised pro rata, from EUR 164 808 169 000 to EUR 232 392 989 000, so as to arrive at the following amounts (EUR):

                                       Germany

                                       37 578 019 000

                                       France

                                       37 578 019 000

                                       Italy

                                       37 578 019 000

                                       United Kingdom

                                       37 578 019 000

                                       Spain

                                       22 546 811 500

                                       Belgium

                                       10 416 365 500

                                       Netherlands

                                       10 416 365 500

                                       Sweden

                                       6 910 226 000

                                       Denmark

                                       5 274 105 000

                                       Austria

                                       5 170 732 500

                                       Poland

                                       4 810 160 500

                                       Finland

                                       2 970 783 000

                                       Greece

                                       2 825 416 500

                                       Portugal

                                       1 820 820 000

                                       Czech Republic

                                       1 774 990 500

                                       Hungary

                                       1 679 222 000

                                       Ireland

                                       1 318 525 000

                                       Romania

                                       1 217 626 000

                                       Slovakia

                                       604 206 500

                                       Slovenia

                                       560 951 500

                                       Bulgaria

                                       410 217 500

                                       Lithuania

                                       351 981 000

                                       Luxembourg

                                       263 707 000

                                       Cyprus

                                       258 583 500

                                       Latvia

                                       214 805 000

                                       Estonia

                                       165 882 000

                                       Malta

                                       98 429 500

                           3.2.

                           Of the free reserves, EUR 3 379 241 000 shall be transformed into paid-in capital by the way of transfer from the Bank’s Additional Reserves to its capital;

                           3.3.

                           This capital shall be deemed to be part of the subscribed and paid-in capital, so increasing the Bank’s paid-in capital from EUR 8 240 408 450 to EUR 11 619 649 450;

         CONSEQUENTLY

               3.4.

               The Bank’s Statute shall be amended. As from 1 April 2009, the first subparagraph of Article 4(1) of the Bank’s Statute shall read as follows:
               ‘The capital of the Bank shall be EUR 232 392 989 000, subscribed by the Member States as follows

                           Germany

                           37 578 019 000

                           France

                           37 578 019 000

                           Italy

                           37 578 019 000

                           United Kingdom

                           37 578 019 000

                           Spain

                           22 546 811 500

                           Belgium

                           10 416 365 500

                           Netherlands

                           10 416 365 500

                           Sweden

                           6 910 226 000

                           Denmark

                           5 274 105 000

                           Austria

                           5 170 732 500

                           Poland

                           4 810 160 500

                           Finland

                           2 970 783 000

                           Greece

                           2 825 416 500

                           Portugal

                           1 820 820 000

                           Czech Republic

                           1 774 990 500

                           Hungary

                           1 679 222 000

                           Ireland

                           1 318 525 000

                           Romania

                           1 217 626 000

                           Slovakia

                           604 206 500

                           Slovenia

                           560 951 500

                           Bulgaria

                           410 217 500

                           Lithuania

                           351 981 000

                           Luxembourg

                           263 707 000

                           Cyprus

                           258 583 500

                           Latvia

                           214 805 000

                           Estonia

                           165 882 000

                           Malta

                           98 429 500’

               4.

               This decision shall be published in the Official Journal of the European Union.

            For the Board of Governors

            The Chairman

         C. STAVRAKIS

            The Secretary

         A. QUEREJETA


Avis juridique important

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31991D0187

91/187/EEC: Commission Decision of 18 March 1991 on the establishment of overall quantities of food aid for 1991 and a list of products to be supplied as food aid

Official Journal L 092 , 13/04/1991 P. 0039 - 0041

COMMISSION DECISION  of 18 March 1991  on the establishment of overall quantities of food aid for 1991 and a list of products to be supplied as food aid  (91/187/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 3972/86 of 22 December 1986 on food-aid policy and food-aid management (1), as last extended by Regulation (EEC) No 1930/90 (2), and in particular Article 5 thereof,  Whereas, in order to implement Regulation (EEC) No 3972/86, it is necessary to lay down the total quantities of each product to be supplied under the food aid operations for 1991, and to specify the products involved;  Whereas the overall quantities of food aid for 1991, should be decided and food aid operations implemented on the basis of the budgetary resources available;  Whereas the measures provided for in this Decision are in accordance with the opinion of the Food Aid Committee,  HAS DECIDED AS FOLLOWS:  Sole Article  1. The total quantities of each product to be supplied under the 1991 food-aid programme to certain developing countries and certain organizations are set out in Annex I.  2. The products which may be supplied as food aid are listed in Annex II. Done at Brussels, 18 March 1991. For the Commission  Manuel MARÍN  Vice-President  (1) OJ No L 370, 30. 12. 1986, p. 1, corrigendum OJ No L 42, 12. 2. 1987, p. 54. (2) OJ No L 174, 7. 7. 1990, p. 6.    ANNEX I  Quantities of food aid to be made available in 1991:  - Cereals:  (a) an initial instalment of 927 700 tonnes;  (b) a second instalment of up to 432 300,  - Milk powder and equivalent products: maximum 83 500  - Butteroil: maximum 12 000 tonnes (1),  - Sugar: maximum 15 000 tonnes,  - Vegetable oil (seed oil and olive oil) (1): 60 000 tonnes,  - Other products: maximum of ECU 50 million.  (1) Any quantities of butteroil not required could, if necessary, be delivered as vegetable oil of equivalent value.    ANNEX II    CN code  (indicative)  Description       0202  Meat of bovine animals, frozen  ex 0203  Meat of swine, frozen  0210 20  Meat of bovine animals, salted, in brine, dried or smoked  0305  Fish, dried, salted or in brine; smoked fish, whether or not cooked before or  during the smoking process; fish meal fit for human consumption  ex 0402  Milk and cream, in powder, granules or other solid forms, or milk substitutes  ex 0405 00  Butteroil  0406  Cheese and courd  0713  Dried leguminous vegetables, shelled, whether  or not skinned or split  0806 20  Dried grapes  ex Chapter 10  Cereals  1101  1102  Cereal flours  1103  Cereal groats, meal and pellets  1104  Cereal grains otherwise worked, except rice of CN code 1006; germ of cereals, whole, rolled, flaked or ground  1106 10 00  Flour and meal of the dried leguminous vegetables of CN code  0713  ex 1202  Groundnuts  1509  Olive oil  ex 1507  ex 1508  ex 1511  ex 1512  ex 1513  ex 1514  ex 1515  Vegetable oils and their fractions, whether or not refined, but not chemically modified, for human consumption  1602 50  Other prepared or preserved meat, meat offal or blood of bovine animals  ex 1604 13  1604 19  Prepared or preserved fish: sardines, sardinella and brisling or sprats; tunas; skipjack and Atlantic bonito (Sarda spp.); mackerel; anchovies; other  1701  Cane or beet sugar and chemically pure sucrose, in solid form  ex 1901  Food  preparations of flour, meal, etc., not elsewhere specified or included  ex 1902  Uncooked pasta, not stuffed or otherwise prepared  ex 1905  Sweet biscuits; waffles and wafers  2002  Tomatoes prepared or preserved otherwise than by vinegar or acetic  acid  ex 2106  Food preparations not elsewhere specified or included: protein concentrates and textured protein substances derived from milk  -  All products to be bought locally in developing countries, notably fruit and vegetables (1)    (1)  Non-governmental organizations and international bodies only, priority to be given to refugees.


Avis juridique important

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31979D0644

79/644/EEC: Council Decision of 16 July 1979 replacing a full member of the Advisory Committee on Freedom of Movement for Workers

Official Journal L 185 , 21/07/1979 P. 0028 - 0028

****( 1 ) OJ NO L 257 , 19 . 10 . 1968 , P . 1 .    COUNCIL DECISION   OF 16 JULY 1979   REPLACING A FULL MEMBER OF THE ADVISORY COMMITTEE ON FREEDOM OF MOVEMENT FOR WORKERS  ( 79/644/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1612/68 OF 15 OCTOBER 1968 ON FREEDOM OF MOVEMENT OF WORKERS WITHIN THE COMMUNITY ( 1 ), AND IN PARTICULAR ARTICLE 27 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 11 OCTOBER 1977 APPOINTING , FOR THE PERIOD ENDING ON 10 OCTOBER 1979 , MEMBERS AND ALTERNATE MEMBERS TO THE ADVISORY COMMITTEE ON FREEDOM OF MOVEMENT FOR WORKERS ,   WHEREAS , FOLLOWING THE RESIGNATION OF DRS . CNOSSEN , OF WHICH THE COUNCIL WAS NOTIFIED ON 31 MAY 1979 , A FULL MEMBER ' S SEAT HAS FALLEN VACANT ON THE ABOVEMENTIONED COMMITTEE IN THE EMPLOYERS '  REPRESENTATIVES CATEGORY ;   HAVING REGARD TO THE NOMINATION SUBMITTED ON 2 JULY 1979 ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   DRS . J . LEDER IS HEREBY APPOINTED A FULL MEMBER OF THE ADVISORY COMMITTEE ON FREEDOM OF MOVEMENT FOR WORKERS IN PLACE OF DRS . CNOSSEN FOR THE REMAINDER OF THE LATTER ' S TERM OF OFFICE , WHICH RUNS UNTIL 10 OCTOBER 1979 .   DONE AT BRUSSELS , 16 JULY 1979 .   FOR THE COUNCIL   THE PRESIDENT   G . COLLEY