title: Commission Decision (EU) 2015/547 of 1 April 2015 on the safety requirements to be met by European standards for alcohol-powered flueless fireplaces pursuant to Directive 2001/95/EC of the European Parliament and of the Council on general product safety  Text with EEA relevance

text:
               2.4.2015

               EN

               Official Journal of the European Union

               L 90/14

         COMMISSION DECISION (EU) 2015/547
   of 1 April 2015
   on the safety requirements to be met by European standards for alcohol-powered flueless fireplaces pursuant to Directive 2001/95/EC of the European Parliament and of the Council on general product safety
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (1), and in particular Article 4(1)(a) thereof,
   Whereas:

               (1)

               Products which conform to national standards transposing European standards drawn up under Directive 2001/95/EC and referenced in the Official Journal of the European Union benefit from a presumption of safety.

               (2)

               European standards are to be drawn up on the basis of requirements intended to ensure that products which conform to them satisfy the general safety requirement set out in Article 3 of Directive 2001/95/EC.

               (3)

               No European standards exist for alcohol-powered flueless fireplaces, although according to the existing studies various hazards are associated with them (2)
                   (3). Many models are designed with detachable fuel containers which are placed in a chamber within the fireplace, and fuel may therefore spill within the chamber. It may then evaporate, increase in temperature and deflagrate, causing sudden combustion. The rapid spread of flames puts the user at risk of burns and may ignite surrounding materials. Refuelling an ethanol fireplace while it is still hot is very dangerous, as ethanol may vaporise quickly, ignite and cause an explosion. Free-standing floor models could be placed too close to combustible materials and may consequently cause fires. Faulty installation of wall-mounted fireplaces may cause overheating, which may in turn lead to the fireplace becoming detached from the wall while still in operation (4). There is also a risk that free-standing floor models may overturn. Should this occur, the burning fuel would spill out of the fireplace, spreading fire into the surrounding room area.

               (4)

               The combustion of fuels in alcohol-powered flueless fireplaces may put human health at risk. If incomplete combustion occurs, carbon monoxide, a toxic compound, is formed. If complete combustion occurs, carbon dioxide is formed, which is hazardous to health and can lead to hyperventilation.

               (5)

               Furthermore, the installation of flueless fireplaces does not require inspection by the relevant authorities.

               (6)

               It is therefore appropriate to determine the requirements needed to ensure that alcohol-powered flueless fireplaces satisfy the general safety requirement set out in Article 3 of Directive 2001/95/EC.

               (7)

               The measures provided for in this Decision are in accordance with the opinion of the Committee on general product safety,

         HAS ADOPTED THIS DECISION:
   Article 1
   Definition
   For the purposes of this Decision, the following definition shall apply:

                  ‘Alcohol-powered flueless fireplace’ means an appliance which:

                           (a)

                           is designed to produce a decorative flame by burning alcohol, but is unsuitable for primary heating purposes; and

                           (b)

                           is not designed to be connected to a flue.

         Article 2
   Scope
   This Decision shall apply to all domestic flueless fireplaces and their accessories where these are intended for use indoors. Fireplaces with a fuel chamber volume below 0,2 l specifically designed for cooking food or keeping it warm do not fall within the scope of this Decision.
   Article 3
   Safety requirements
   The specific safety requirements for alcohol-powered flueless fireplaces referred to in Article 1 to be met by European standards pursuant to Article 4 of Directive 2001/95/EC are set out in the Annex to this Decision.
   Article 4
   Entry into force
   This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 1 April 2015.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 11, 15.1.2002, p. 4.

      (2)  Storesund A. K, Mai T. T. & Sesseng C, 2010, ‘Ethanol-fuelled, flue-less fireplaces. An evaluation’, SINTEF. http://nbl.sintef.no/publication/lists/docs/NBL_A09127.pdf

      (3)  http://www.sik.dk/content/download/5561/77087/version/1/file/Report+-+Bio+fireplaces+-+v5-3+(2).pdf

      (4)  http://www.cpsc.gov/CPSCPUB/PREREL/prhtml11/11164.html

      ANNEX

         SPECIFIC SAFETY REQUIREMENTS RELATING TO ALCOHOL-POWERED FLUELESS FIREPLACES

      1.1.   Construction and design requirements

         General requirements

      Alcohol-powered flueless fireplaces for domestic use shall have a maximum fuel consumption corresponding to a thermal output of 4,5 kW.
      Alcohol-powered flueless fireplaces shall be made from materials that are not malleable at the maximum permissible temperatures listed in the section ‘Surface temperatures’. The materials shall display sufficient resistance to the prevalent thermal, mechanical and chemical conditions.
      Where flame screens are used, their construction and attachment to the fireplace shall be such that they can withstand the temperatures to which they are exposed.
      The use of decorative elements, e.g. ceramic wood or pebbles, is not permitted in the area of flame impingement.
      Alcohol-powered flueless fireplaces shall be designed in such a way as to prevent accidental re-ignition and backfiring.
      The combustion of fuels in alcohol-powered flueless fireplaces must not put human health at risk.
      Alcohol-powered flueless fireplaces shall be designed in such a way as to prevent spilt fuel from accumulating in closed compartments inside the appliance, from where it could evaporate and cause an explosion.
      The appliance shall be constructed in such a way as to avoid any leakage of fuel.

         Stability

      Unintentional movement or tilting of alcohol-powered flueless fireplaces during operation must not compromise safety.
      Appliances on wheels shall be fitted with easy to operate lockable brakes.
      Free-standing alcohol-powered flueless fireplaces shall be fitted with supports to prevent them from overturning and be subject to testing of their stability on impact. If the fireplace does not pass this test it shall be built in such a way that it remains safe at all times.
      Fixed appliances shall also be subject to testing of their stability on impact. Wall hooks shall be built in such a way as to prevent the appliance being lifted off the hooks if unintentionally pushed upwards.

         Fittings (e.g. wheels or handles) facilitating movement of the fireplace

      Alcohol-powered flueless fireplaces with wheels and/or handles intended to allow them to be moved shall be designed in such way that the fire has to be extinguished before moving the fireplace.

         Ignition

      When igniting the alcohol-powered flueless fireplace the user shall be able to stay at a safe horizontal distance from the appliance. Alternatively, the alcohol-powered flueless fireplace shall be equipped with a safe built-in ignition device.

         Operation when lit

      The alcohol-powered flueless fireplace shall burn with a stable flame that does not produce soot. When lit, fuel consumption shall remain steady and there shall be no risk of burner runaway.

         Extinguishing

      The user shall be able to extinguish an alcohol-powered flueless fireplace safely at any time.

         Re-ignition

      The design of the alcohol-powered flueless fireplace shall make it possible to safely re-ignite the appliance even if the container is not full.

         Preventing re-ignition when unsafe

      It shall not be possible to reignite the alcohol-powered flueless fireplace until all parts of the appliance, including the burner, have reached a safe temperature of 60 °C or below. The instructions for use shall include information about the time it takes for the fireplace to cool down sufficiently to be safe to re-ignite, so that the user is not tempted to force re-ignition by tampering with the safety device preventing re-ignition at unsafe temperatures.

         Filling and re-filling

      The design of the alcohol powered flueless fireplace shall make filling and re-filling safe, and shall prevent the tank of the fireplace from being refilled while the fireplace is lit.
      The instructions for use supplied with alcohol-powered flueless fireplaces shall inform users that the tank must not be filled during operation. This information shall be presented clearly and brought to users' attention. Additionally, the same information shall be conveyed by appropriate warning labels visibly displayed on the appliance itself.

         Accessible surfaces

      Providing the fireplace is installed according to the installation instructions given by the manufacturer, it shall not be possible for the user to accidentally come into contact with the flame, the burner or any other active or hot surface of the fireplace.

         Surface temperatures

      Accessible surfaces, with the exception of active surfaces, shall not reach unsafe temperatures when the alcohol-powered flueless fireplace is in operation.
      The temperature increase (as measured from the starting temperature on ignition) of the surfaces that are not intended to be touched by the user when the fireplace is in use shall not exceed:

                  —

                  60 K for metal or metallic surfaces,

                  —

                  65 K for metal enamel surfaces,

                  —

                  80 K for glass and ceramic surfaces,

                  —

                  100 K for plastic surfaces, and

                  —

                  70 K for surfaces made of any other material.

            The temperature increase (as measured from the starting temperature on ignition) of the surfaces that are intended to be touched by the user when the fireplace is in use, i.e. those that the user may need to touch in order to operate the fireplace, shall not exceed:

                  —

                  35 K for metal or metallic surfaces,

                  —

                  45 K for metal enamel and ceramic surfaces, and

                  —

                  60 K for surfaces made of plastic or other similar material.

            These limits shall also apply to surfaces and the air space within 50 mm of the flame area.
      Glass surfaces (e.g. screens) and their fixings which would reasonably be assumed to be hot due to their closeness to open flames are exempted from the above requirements.
      At the point of contact with the floor or table, the temperature on the surface of the fireplace stand shall not exceed the room temperature by more than 65 K.
      In addition to the requirement of not exceeding the room temperature by more than 65 K, the maximum temperature, which cannot be exceeded in any circumstances, is set as follows: at the point of contact with the floor or table, the temperature of the fireplace stand shall not exceed 85 °C, irrespective of the room temperature.
      The surface temperature on adjacent walls shall not exceed the room temperature by more than 65 K and shall never exceed 85 °C.
      Temperature limits for handles and knobs intended to be used by the owner in the normal course of operating the fireplace need to be set in accordance with suitable guidance documents, such as Cenelec Guide 29, according to the materials from which they are made. The temperature limits for these parts of the fireplace are lower than the abovementioned temperatures.

         Fuel container and fuel system

      The maximum fuel capacity of the appliance shall be limited according to the risk of fire and explosion.
      The standard shall require that all tests are carried out with the fuel tank filled to the capacity that is potentially most dangerous in that particular situation.
      The fuel container shall be constructed so as to prevent any leakage. Spillage or overfilling shall not compromise the safety of the appliance.
      The fuel system, including any seals, shall have sufficient mechanical strength to withstand the strains caused by expected normal usage. It shall have sufficient resistance to corrosion to withstand the long-term effects of exposure to the fuel used. The design of the burner shall prevent corrosion occurring.

         Child safety

      The alcohol-powered flueless fireplace shall be designed to prevent children from coming into contact with the fuel and/or the flame.
      1.2.   Equipment and fittings for installation of the fireplace

         Mounting systems

      Mounting systems supplied with the alcohol-powered flueless fireplace shall have sufficient mechanical strength and resistance to high temperatures to support the fireplace safely during its expected lifetime.
      If the appliance is designed to be fixed to the floor, the wall or the ceiling, the system for fixing/mounting it shall be designed so as to prevent the appliance from coming loose accidentally.

         Wall plugs and fittings

      If supplied with the alcohol-powered flueless fireplace, wall plugs and fittings shall be of appropriate long-term mechanical strength and thermal properties.
      The user manual shall warn the user to use only the supplied wall plugs and fittings or wall plugs and fittings with the appropriate mechanical strength and thermal properties.
      1.3.   Auxiliary equipment

      Equipment for the safe ignition and safe extinction of the fireplace shall be installed or supplied with the appliance.
      1.4.   Emissions

      Alcohol-powered flueless fireplaces shall be constructed in such a way as to avoid any risk to human health which may arise from combustion or other emissions through inherently safe design and construction, or where this is not possible by adequate protection measures, including alarms, or information to users.
      The standard should address in particular:

                  —

                  carbon monoxide and carbon dioxide (CO, CO2),

                  —

                  nitrogen oxides such as NO, NO2 and NOX,

                  —

                  aldehydes such as formaldehyde,

                  —

                  volatile organic compounds (VOCs),

                  —

                  aromatic hydrocarbons such as benzene and polycyclic aromatic hydrocarbons (PAHs),

                  —

                  soot and other particle emissions,

                  —

                  emissions from unburnt fuel, and

                  —

                  any other emissions that may be relevant.

            The standard provisions regarding carbon monoxide and nitrogen oxides shall reflect the latest version of the World Health Organisation (WHO) guidelines ‘WHO guidelines for indoor air quality: selected pollutants’ (1) and Environmental Health Criteria (EHC) (2).
      The standard provisions regarding carbon dioxide shall reflect Commission Directive 2006/15/EC (3).
      1.5.   Safety information, user manual and identification of the manufacturer and importer

         General

      Safety information, together with the names of the manufacturer and the importer, shall be displayed on the alcohol-powered flueless fireplace or on its packaging, or included in the instructions for use.
      The standard shall state precisely which safety instructions must be displayed on the product itself and which warnings and instructions can be included in the instructions for use or displayed on the packaging.
      The information shall be given in the language(s) of the country in which the fireplace is offered for retail sale. The information shall be presented in one continuous section in each language and shall not be interrupted by other text. Additional text given in another language shall not distract from the required information.
      The information appearing on the fireplace shall be visible, legible and indelible, being either written on a permanent label or imprinted directly on the appliance.

         Safety information

      Safety information shall be conspicuously displayed and clearly communicated in the instructions for use or on the packaging and, if indicated in the standard, on the alcohol-powered flueless fireplace. This information shall include at least the following:

                  —

                  ‘Use only the types and quantities of fuel specified in the guidelines in the user manual.’

                  —

                  ‘Only use in a well-ventilated room.’

                  —

                  ‘Never pour fuel into the appliance when in operation or still hot.’

                  —

                  ‘Never overfill the fuel container and carefully wipe away any spilt fuel before igniting the appliance.’

                  —

                  ‘Only use in a place free of draughts.’

                  —

                  ‘Never ignite a hot appliance.’

                  —

                  ‘Never move the appliance while it is in operation’.

                  —

                  ‘Never leave small children or pets unattended near a lit fireplace.’

                  —

                  ‘Install, use and maintain only in accordance with the manufacturer's instructions.’

            Appliances fitted with wheels shall also include the following instruction: ‘Always lock the brakes before using the fireplace.’
      In addition, the minimum safe distance at which the fireplace may be placed from flammable materials shall be indicated.
      Users shall also be informed of the labelling conventions for fuels, and specifically the information on the properties of the different fuels conveyed by their labelling.
      The written safety information may be accompanied by suitable pictograms, where allowed for in the standard.

         User manual

      The alcohol-powered flueless fireplace shall be supplied with a user manual, which shall include the following information:

                  —

                  the required (minimum) distance from the burning chamber at which a device for igniting the alcohol-powered flueless fireplace may be installed,

                  —

                  required characteristics of the wall (or other structure) for wall-mounting an alcohol-powered flueless fireplace, including instructions regarding appropriate air slots for heat ventilation,

                  —

                  requirements relating to the fixtures used for attaching wall-mounted alcohol-powered flueless fireplaces (and free-standing fireplaces where relevant),

                  —

                  requirements relating to the positioning and structural surroundings of the free-standing alcohol-powered flueless fireplace, in particular the floor, and ceiling where relevant, and

                  —

                  requirements relating to the wall on which an alcohol-powered flueless fireplace is to be mounted, including specific mention of wall types where particular care is to be exercised, e.g. gypsum walls or wooden walls.

            Additionally, the user manual shall provide information on:

                  —

                  the type(s) of fuel that may be used, and additives allowed in that fuel, to ensure that the alcohol-powered flueless fireplace burns safely and that the maximum emissions are not exceeded,

                  —

                  the required ventilation of the room,

                  —

                  the minimum safe distance from flammable materials at which the fireplace may be placed, and

                  —

                  the minimum size of the room or minimum floor area.

            Furthermore, the user manual shall:

                  —

                  explain how to introduce fuel into the alcohol-powered flueless fireplace (and warn users not to pour fuel into a hot fireplace),

                  —

                  explain how to safely store fuel and indicate the indoor storage limits imposed by national and/or regional legislation in the country where the appliance is marketed,

                  —

                  explain how to extinguish an alcohol-powered flueless fireplace,

                  —

                  provide information about appropriate fire extinguishing equipment and recommend that such equipment be located near the fireplace,

                  —

                  warn against using the alcohol-powered flueless fireplace in a draughty environment,

                  —

                  give instructions for safely igniting and re-igniting the fireplace,

                  —

                  warn against igniting a hot alcohol-powered flueless fireplace, and

                  —

                  instruct users never to move an alcohol-powered flueless fireplace while in use, and, if the fireplace is fitted with wheels, to lock the brakes when using the appliance.

         Identification of the manufacturer and importer

      Manufacturers (4) shall indicate their name, registered trade name or registered trade mark and the address at which they can be contacted on the alcohol-powered flueless fireplace itself or on its packaging and in a document accompanying the fireplace.
      They shall also affix information enabling identification of the product (serial or batch number) on the product itself.
      Importers (5) shall indicate their name, registered trade name or registered trade mark and the address at which they can be contacted on the alcohol-powered flueless fireplace itself or on its packaging and in a document accompanying the fireplace. In cases where the importer would have to open the packaging only for the purpose of putting this required information on the product itself, it is sufficient to indicate the name, registered trade name or registered trade mark and the address at which they can be contacted on the packaging or in a document accompanying the fireplace.

         (1)  World Health Organisation, 2010: http://www.euro.who.int/en/health-topics/environment-and-health/air-quality/publications/2010/who-guidelines-for-indoor-air-quality-selected-pollutants

         (2)  http://www.who.int/ipcs/publications/ehc/ehc_alphabetical/en/index.html

         (3)  Commission Directive 2006/15/EC of 7 February 2006 establishing a second list of indicative occupational exposure limit values in implementation of Council Directive 98/24/EC and amending Directives 91/322/EEC and 2000/39/EC (OJ L 38, 9.2.2006, p. 36).

         (4)  As defined in Article R1 of Chapter R1 of Annex I to Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC (OJ L 218, 13.8.2008, p. 82).

         (5)  See footnote 4.


Important legal notice

|

52007BP0124(01)

1. European Parliament decision of 24 April 2007 on the discharge for the implementation of the budget of the European Aviation Safety Agency for the financial year 2005 (C6-0398/2006 - 2006/2165(DEC))

Official Journal 074 E , 20/03/2008 P. 0250 - 0251

		1.European Parliament decision of 24 April 2007 on the discharge for the implementation of the budget of the European Aviation Safety Agency for the financial year 2005 (C6-0398/2006 — 2006/2165(DEC))The European Parliament,- having regard to the final annual accounts of the European Aviation Safety Agency for the financial year 2005 [1],- having regard to the Court of Auditors' report on the final annual accounts of the European Aviation Safety Agency for the financial year 2005, together with the Agency's replies [2],- having regard to the Council's recommendation of 27 February 2007 (5711/2007 — C6-0080/2007),- having regard to the EC Treaty, and in particular Article 276 thereof,- having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities [3], and in particular Article 185 thereof,- having regard to Regulation (EC) No 1592/2002 of the European Parliament and of the Council of 15 July 2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency [4], and in particular Article 49 thereof,- having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 [5] and, in particular, Article 94 thereof,- having regard to Rule 71 of and Annex V to its Rules of Procedure,- having regard to the Report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A6-0121/2007),1. Grants the executive director of the European Aviation Safety Agency discharge for the implementation of the Agency's budget for the financial year 2005;2. Sets out its observations in the resolution below;3. Instructs its President to forward this decision and the resolution that forms an integral part of it to the executive director of the European Aviation Safety Agency, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).[1] OJ C 266, 31.10.2006, p. 10.[2] OJ C 312, 19.12.2006, p. 6.[3] OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).[4] OJ L 240, 7.9.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 1701/2003 (OJ L 243, 27.9.2003, p. 5).[5] OJ L 357, 31.12.2002, p. 72.--------------------------------------------------


title: 2005/539/EC: Decision of the European Parliament of 12 April 2005 on the discharge to the Director of the European Centre for the Development of Vocational Training in respect of the implementation of its budget for the financial year 2003

text:
               27.7.2005

               EN

               Official Journal of the European Union

               L 196/68

      DECISION OF THE EUROPEAN PARLIAMENT

   of 12 April 2005
   on the discharge to the Director of the European Centre for the Development of Vocational Training in respect of the implementation of its budget for the financial year 2003
   (2005/539/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the Court of Auditors’ report on the annual accounts of the European Centre for the Development of Vocational Training for the 2003 financial year together with the Centre’s replies (1),
   having regard to the Council’s Recommendation of 8 March 2005 (6858/2005 — C6-0075/2005),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2) and in particular Article 185 thereof, and to Council Regulation (EC) No 1655/2003 of 18 June 2003 amending Regulation (EEC) No 337/75 establishing a European Centre for the Development of Vocational Training and repealing Regulation (EEC) No 1416/76 (3), and in particular Article 12a thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4) and, in particular, Article 94 thereof,
   having regard to Rules 70 and 71 of and Annex V to its Rules of Procedure,
   having regard to the Report of the Committee on Budgetary Control (A6-0074/2005),

               1.

               Gives discharge to the Director of the European Centre for the Development of Vocational Training in respect of the implementation of its budget for the financial year 2003;

               2.

               Records its comments in the accompanying resolution;

               3.

               Instructs its President to forward this decision and the accompanying resolution to the Director of the European Centre for the Development of Vocational Training, the Council, the Commission and the Court of Auditors, and to have them published in the Official Journal of the European Union (L series).

            The President

         Josep BORRELL FONTELLES

            The Secretary-General

         Julian PRIESTLEY

      (1)  OJ C 324, 30.12.2004, p. 53.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 245, 29.9.2003, p. 41.

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

         RESOLUTION OF THE EUROPEAN PARLIAMENT

      containing the comments accompanying the decision on the discharge to the Director of the European Centre for the Development of Vocational Training in respect of the implementation of its budget for the financial year 2003
      THE EUROPEAN PARLIAMENT,
      having regard to the Court of Auditors’ report on the annual accounts of the European Centre for the Development of Vocational Training for the 2003 financial year together with the Centre’s replies (1),
      having regard to the Council’s recommendation of 8 March 2005 (6858/2005 — C6-0075/2005),
      having regard to the EC Treaty, and in particular Article 276 thereof,
      having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2) and in particular Article 185 thereof, and to Council Regulation (EC) No 1655/2003 of 18 June 2003 amending Regulation (EEC) No 337/75 establishing a European Centre for the Development of Vocational Training and repealing Regulation (EEC) No 1416/76 (3), and in particular Article 12a thereof,
      having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4) and, in particular, Article 94 thereof,
      having regard to Rules 70 and 71 of and Annex V to its Rules of Procedure,
      having regard to the Report of the Committee on Budgetary Control (A6-0074/2005),

                  A.

                  Whereas the European Court of Auditors (ECA) stated, in its abovementioned specific report, that it obtained reasonable assurance that the annual accounts for the financial year ended 31 December 2003 were reliable and that the underlying transactions, taken as a whole, were legal and regular.

                  B.

                  Whereas on 21 April 2004 the European Parliament gave discharge (5) to the Director of the European Centre for the Development of Vocational Training (the Centre) in respect of the implementation of its budget for the 2002 financial year and in the resolution accompanying the discharge decision, the European Parliament, inter alia:

                              —

                              invited the Centre to continue the cooperation already under way with the European Training Foundation (ETF),

                              —

                              encouraged the Centre to continue its efforts with a view to setting-up an internal audit capability and complying with the internal control standards,

            1.   Notes the following figures for the accounts of the European Centre for the Development of Vocational Training for the financial years 2003 and 2002:
      Revenue and expenditure account for the financial years 2003 and 2002

                  (in EUR 1000)

                  2003

                  2002

                  Revenue

                  Commission subsidies

                  14 500

                  12 135

                  Revenue from previous financial years

                  0

                  25

                  Miscellaneous revenue

                  3

                  3

                  Assigned revenue (Phare and third countries)

                  792

                  333

                  Financial revenue

                  0

                  50

                  Total revenue (a)

                  15 295

                  12 546

                  Budgetary expenditure for the financial year

                  Staff — Title I of the budget

                  Payments

                  7 554

                  7 570

                  Appropriations carried over

                  443

                  298

                  Administration — Title II of the budget

                  Payments

                  778

                  767

                  Appropriations carried over

                  358

                  345

                  Operating activities — Title III of the budget (except for assigned revenue)

                  Payments

                  2 381

                  2 491

                  Appropriations carried over

                  3 138

                  2 189

                  Assigned revenue (Phare and third countries)

                  Payments

                  546

                  0

                  Appropriations carried over

                  246

                  187

                  Total expenditure (b)

                  15 444

                  13 847

                  Outturn for the financial year (a – b)

                  – 149

                  – 1 301

                  Balance carried over from the previous financial year

                  – 545

                  532

                  Appropriations carried over and cancelled

                  399

                  215

                  Sums for reuse from the previous financial year not used

                  10

                  8

                  Refunds to the Commission

                  – 716

                  0

                  Exchange rate differences

                  8

                  1

                  Balance for the financial year

                  – 993

                  – 545

                     Source: information supplied by the Centre. This table summarises the data provided by the Centre in its own accounts.

            2.   Notes the ECA’s observation with regard to the handling by the Centre of restricted procedures in awarding contracts as well as the Centre’s reply; expects the Centre to make further efforts to better present the results of such procedures in a transparent way abiding by the relevant rules;
      3.   Notes the Court’s observation as regards the non-completion by the Centre of the announced changes to its financial organisation; invites the Centre to finalise and implement these changes in the course of 2005; expects the Centre to inform Parliament’s competent committee upon completion of the adaptation process;
      4.   Welcomes the cooperation between the Centre and the European Training Foundation in preparing the accession countries for their participation in the Centre’s activities following enlargement; takes the view that such complementary action should continue and be reinforced where appropriate;
      5.   Expects the Centre from now on to include in its general budget subsidies and contributions from third countries in line with the ECA’s observation;
      6.   Expects the Centre to enhance transparency in its procedure for personnel recruitment, mainly by clarifying ex ante the criteria for the lists;
      7.   Welcomes the inclusion of equality in the Centre’s staff policy and encourages it to follow up and evaluate such policies regularly to ensure their implementation;
      8.   Regrets that top management positions are male dominated, urges the Centre to improve the balance;
      9.   Welcomes the Centre’s strategy for information and communication, especially its focus on openness and accessibility for citizens.
      General points addressed to the Commission and the Agencies

                  10.

                  Recalls its position that while it supported the Commission’s efforts to establish a limited number of models, at least for future ‘regulatory’ agencies, it took the view that the structure of current and future agencies merited in-depth consideration at interinstitutional level; also stresses that before the Commission defines the framework conditions for the use of regulatory agencies an Interinstitutional Agreement should spell out common guidelines; this should happen before setting up a harmonised framework for the structure of the agencies;

                  11.

                  Notes the Commission’s position (6) with regard to delegating responsibility for the execution of tasks to bodies, including agencies, other than the Commission’s core administration; takes the view that this does not answer Parliament’s call for in-depth consideration at interinstitutional level of the structure of existing agencies; therefore invites the Commission to provide clarification on this point and on the future overall Interinstitutional Agreement related to the new arrangements to be set up within or in parallel with the Financial Perspective (7);

                  12.

                  Invites the Commission to organise and perform in the medium term, e.g. on a standard three-year cycle, a cross-cutting analysis of the evaluations carried out on individual Agencies in order to:

                              (a)

                              reach conclusions with regard to the coherence of Agency activity with EU policies in general and as regards the synergies existing or to be developed between the agencies and Commission departments and the avoidance of overlapping between them;

                              (b)

                              make an assessment of the broader European added value of the Agencies’ outputs in their respective area of activity and of the relevance, efficiency and effectiveness of the Agency model in implementing or contributing to EU policies;

                              (c)

                              determine and enhance the impact of the Agencies’ actions in terms of the proximity, accessibility and visibility of the EU to its citizens;

                  13.

                  Expects such an overall analysis to be available by the end of 2005 so as to cover the three-year period from the time of the introduction of the new Financial Regulation and the consequent new framework in the Agencies’ system;

                  14.

                  Invites the Agencies to participate actively in such a process and to cooperate with the Commission, providing the necessary input on matters that they feel are of substance to their functioning, role, remit and needs, as well as on any matter which could help to improve the whole discharge procedure, with a view to contributing to the success of such a process and increasing the accountability and transparency of the Agencies; invites Agencies to present such input also to its competent committees;

                  15.

                  Calls on the Commission, in parallel with this exercise, to present by the end of 2005 at the latest, proposals for changes to be made in the existing Agencies’ Constituent Acts with a view, inter alia, to optimising its relationship with the Agencies; such proposals should aim at:

                              (a)

                              increasing communication between the Commission and the Agencies;

                              (b)

                              establishing or expanding cooperation in defining needs to be covered and objectives, outputs to be produced and the strategy to achieve them, and in setting standards for monitoring and evaluation;

                              (c)

                              enhancing complementary action, better organising the necessary resources and their effective allocation to produce results, and devising a communication strategy for dissemination of those results;

                  16.

                  Emphasises that, before any decision is taken to propose the creation of a new agency, the Commission must undertake a strict evaluation of the need and added value of the function of this agency, bearing in mind existing structures, the principles of subsidiarity, budgetary austerity and the simplification of procedures;

                  17.

                  Expects the Commission to present swiftly the guidelines concerning staff policy of the Agencies that Parliament had requested the Commission to present before the end of the 2005 budgetary procedure;

            General points addressed to the Agencies

                  18.

                  Expects to receive from now on, from each of the Agencies, the report summarising information on the audits carried out by the Internal Auditor, the recommendations made and the action taken on these recommendations in accordance with Article 72(5) of Regulation (EC, Euratom) No 2343/2002;

                  19.

                  Invites the Agencies to make further efforts to apply correctly the staff regulations and rules applicable to other civil servants with regard to their staff (recruitment procedures and relevant decisions taken, personal files, calculation of remuneration and other entitlements, promotions policy, percentage of vacant posts, quotas for respecting gender equality, etc.);

                  20.

                  Notes that, in general, the respective percentage of male and female employees in the overall staff composition of the Agencies shows that an imbalance between men and women exists; regrets that men make up about one third of staff and are over-represented in high grade positions while women are generally over-represented in low grade positions; expects the Agencies to take immediate and effective measures to correct this situation;

                  21.

                  Calls on the Agencies to ensure that all the relevant provisions of Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (8) are introduced in their respective staff policies;

                  22.

                  Expects the Agencies, in response to the relevant observations of the ECA, to comply fully with the budgetary principles as set out in the Financial Regulation, in particular those of unity and budgetary accuracy; calls on the Agencies that have not yet done so to fulfil the Financial Regulation’s requirements on accounting matters and to strengthen further their procedures as regards internal management and control with the aim of increasing accountability, transparency and European added value;

                  23.

                  Encourages the Agencies, especially those whose activities have points in common with the activities or missions of other Agencies, to strengthen their cooperation, thus opening up opportunities for developing synergies; invites them to formalise, where appropriate, such cooperation through specific agreements (joint declarations, memoranda of understanding, decisions on joint planning and actions/programmes presenting complementary characteristics) so as to ensure that there is no duplication of work, that each Agency’s output is clearly identified and that the result of joint efforts maximises the added value and the impact of their work; expects to be informed regularly on this issue;

                  24.

                  Calls on the Agencies to pay special attention to procedures for the award and management of contracts; invites them to take all appropriate measures as regards their administrative structures in order to strengthen their internal control procedures, channels and management; takes the view that such measures may include, where necessary or feasible, the setting-up of specialised units entrusted with the task of advising, on the basis of risk analysis, on how best to prepare contract award procedures, to ensure monitoring and to carry out follow-up, as required; on this matter, calls on the Commission and the ECA to strengthen cooperation with the Agencies;

                  25.

                  Notes the difficulties to which some Directors, in particular of the ‘newly created’ Agencies, referred with regard to the Agencies’ compliance with the calendar and deadlines for reporting as set in the Financial Regulation; invites the Agencies’ Directors, in the perspective of the forthcoming review of the Financial Regulation to be held in 2005, to inform its Committees on Budgets and Budgetary Control of the difficulties encountered so far so that these may be considered in the framework of the review; expects the Directors to make specific proposals for alternative arrangements as to deadlines that may best suit their functioning requirements while respecting the reporting obligations of the Agencies as provided for in the Financial Regulation;

                  26.

                  Notes the positive response by the Agencies’ Directors to the call by Parliament’s committee responsible for preparing discharge for the establishment of a more precise system of communication, in particular as regards the transmission by the Agencies to that committee of documents relating to the Agencies’ reporting obligations; takes the view that better organisation of such communication will strengthen its cooperation with the Agencies and enhance democratic control;

                  27.

                  Invites the Directors of the Agencies from now on to accompany their annual activity report, which is presented together with financial and management information, with a declaration of assurance concerning the legality and regularity of operations, similar to the declarations signed by the Directors General of the Commission;

                  28.

                  Invites the Agencies to develop a comprehensive strategy of communication addressing the need to make available, in the appropriate form, the results of their work to the general public beyond the presentation of such results to the Institutions, Member States’ competent services, specialists, partners or specific beneficiaries; calls on the Agencies, in view of the development of such a strategy, to intensify their cooperation and exchange information on best practice aimed at achieving this goal; expects its competent committees to be duly informed by the Agencies, before the next discharge exercise, on the progress made in devising such a strategy in order to ensure the effective and timely monitoring of their activities;

            General points addressed to the ECA and the Agencies

                  29.

                  Welcomes the ECA’s initiative to add a table to its specific reports on the Agencies presenting summary information on the competences, governance, resources available and products/output of the particular agency; takes the view that this enhances the clarity and transparency of the work of these Community bodies, while providing a useful basis for comparison, where appropriate, with a view to helping set up the harmonised framework for the Agencies that Parliament has called for;

                  30.

                  Invites the ECA and the Agencies to strengthen their cooperation in order to enhance the procedures and technical tools to improve the sound management of all the budgetary and finance issues, with the view to establishing a methodology that prepares the ground for a positive budget discharge from the start of the process; expects to be informed regularly of the progress made and the implementation of best practices;

                  31.

                  Calls on the ECA and the Agencies to enhance transparency in the procédure contradictoire prior to the ECA’s final report, so as to avoid any contradiction or ambiguity which could jeopardise the credibility of the whole exercise; in this respect, invites the ECA and the Commission to propose a feasible way of updating information on the improvements made and/or the problems found, from the time when the ECA’s preparatory report is first discussed until the time of the decision as to whether to grant discharge, in order to offer the most accurate picture of the situation of the Agencies.

         (1)  OJ C 324, 30.12.2004, p. 53.

         (2)  OJ L 248, 16.9.2002, p. 1.

         (3)  OJ L 245, 29.9.2003, p. 41.

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

         (5)  OJ L 330, 4.11.2004, p. 34.

         (6)  As set out in Annex 1 of the Communication from the Commission to the Council and the European Parliament ‘Building our common future, policy challenges and budgetary means of the enlarged Union 2007 to 2013’, (COM(2004) 0101, p. 38).

         (7)  See Annex to the Commission’s report on the follow-up to 2002 Discharges (COM(2004) 0648, p. 108).

         (8)  OJ L 269, 5.10.2002, p. 15.


title: Council Decision (EU) 2016/1841 of 5 October 2016 on the conclusion, on behalf of the European Union, of the Paris Agreement adopted under the United Nations Framework Convention on Climate Change

text:
               19.10.2016

               EN

               Official Journal of the European Union

               L 282/1

         COUNCIL DECISION (EU) 2016/1841
   of 5 October 2016
   on the conclusion, on behalf of the European Union, of the Paris Agreement adopted under the United Nations Framework Convention on Climate Change
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1), in conjunction with Article 218(6)(a) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament (1),
   Whereas:

               (1)

               At the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCCC), which took place in Paris from 30 November to 12 December 2015, the text of an agreement was adopted, concerning the strengthening of the global response to climate change.

               (2)

               The Paris Agreement was signed on 22 April 2016 in accordance with Council Decision (EU) 2016/590 (2).

               (3)

               The Paris Agreement will enter into force on the 30th day after the date on which at least 55 Parties to the UNFCCC accounting in total for at least an estimated 55 % of total greenhouse gas emissions, have deposited their instruments of ratification, acceptance, approval or accession. Parties to the UNFCCC include the Union and its Member States. In its conclusions of 18 March 2016, the European Council underlined the need for the Union and its Member States to conclude the Paris Agreement as soon as possible and on time in order to be parties as of its entry into force.

               (4)

               The Paris Agreement replaces the approach taken under the 1997 Kyoto Protocol.

               (5)

               The Paris Agreement, inter alia, sets out a long-term goal in line with the objective to keep the global temperature increase well below 2 °C above pre-industrial levels and to pursue efforts to keep it to 1,5 °C above pre-industrial levels. In order to achieve this goal, the Parties will prepare, communicate and maintain successive nationally determined contributions.

               (6)

               Under the Paris Agreement, as of 2023, the Parties are to undertake a global stocktake every five years, based on the latest science and implementation to date, which will track progress and consider emission reductions, adaptation and support provided, and each Party's successive contribution is to represent a progression beyond its then current contribution and reflect its highest ambition.

               (7)

               A binding target of at least a 40 % domestic reduction in economy-wide greenhouse gas emissions by 2030 compared to 1990 was endorsed in the conclusions of the European Council of 23 and 24 October 2014 on the 2030 climate and energy policy framework. On 6 March 2015, the Council adopted this contribution of the Union and its Member States as their intended nationally determined contribution, which was submitted to the Secretariat of the UNFCCC.

               (8)

               In its Communication accompanying the proposal for the Union to sign the Paris Agreement the Commission emphasised that the global clean energy transition requires changes in investment behaviour and incentives across the entire policy spectrum. It is a key Union priority to establish a resilient Energy Union to provide secure, sustainable, competitive and affordable energy to its citizens. Achieving this requires continuation of ambitious climate action and progress on other aspects of the Energy Union.

               (9)

               The Council confirmed in its conclusions of 18 September 2015 that the Union and its Member States intend to act jointly under the Paris Agreement and welcomed the intention of Norway and Iceland to participate in this joint action.

               (10)

               The joint action by the Union and its Member States will be agreed in due course and will cover the respective emission level allocated to the Union and its Member States.

               (11)

               Article 4, paragraph 16, of the Paris Agreement requires the secretariat to be notified of the joint action, including the emission level allocated to each Party within the relevant time period.

               (12)

               The Paris Agreement is in conformity with the environmental objectives of the Union as referred to in Article 191 of the Treaty, namely preserving, protecting and improving the quality of the environment; protecting human health; and promoting measures at international level to deal with regional or worldwide environmental problems, and in particular combating climate change.

               (13)

               The Paris Agreement and the Declaration of Competence should be approved on behalf of the Union,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Paris Agreement adopted on 12 December 2015 under the United Nations Framework Convention on Climate Change is hereby approved on behalf of the Union.
   The text of the Paris Agreement is attached to this Decision.
   The Declaration of Competence attached to this Decision is also approved on behalf of the Union.
   Article 2
   The President of the Council shall designate the person(s) empowered to deposit, on behalf of the Union, the instrument of ratification with the Secretary-General of the United Nations, in accordance with Article 20, paragraph 1, of the Paris Agreement, together with the Declaration of Competence.
   Article 3
   1.   Member States shall endeavour to take the necessary steps with a view to depositing instruments of ratification simultaneously with the Union or as soon as possible thereafter.
   2.   Member States shall inform the Commission of their decisions on ratification of the Paris Agreement or, according to the circumstances, of the probable date of completion of the necessary procedures.
   Article 4
   This Decision shall enter into force on the date following that of its adoption.

      Done at Brussels, 5 October 2016.

            For the Council

            The President

         M. LAJČÁK

      (1)  Consent of 4 October 2016 (not yet published in the Official Journal).

      (2)  Council Decision (EU) 2016/590 of 11 April 2016 on the signing, on behalf of the European Union, of the Paris Agreement adopted under the United Nations Framework Convention on Climate Change (OJ L 103, 19.4.2016, p. 1).


title: Decision of the European Systemic Risk Board of 16 December 2015 on a coordination framework for the notification of national macroprudential policy measures by relevant authorities, the issuing of opinions and recommendations by the ESRB, and repealing Decision ESRB/2014/2 (ESRB/2015/4)

text:
               12.3.2016

               EN

               Official Journal of the European Union

               C 97/28

         DECISION OF THE EUROPEAN SYSTEMIC RISK BOARD
   of 16 December 2015
   on a coordination framework for the notification of national macroprudential policy measures by relevant authorities, the issuing of opinions and recommendations by the ESRB, and repealing Decision ESRB/2014/2
   (ESRB/2015/4)
   (2016/C 97/12)
   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 Article 3 thereof,
   Having regard to 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 (2), and in particular Article 458 thereof,
   Having regard to 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 (3), and in particular Articles 133, 134, 138 and 139 thereof,
   Having regard to Recommendation ESRB/2015/1 of the European Systemic Risk Board of 11 December 2015 on recognising and setting countercyclical buffer rates for exposures to third countries (4), and in particular recommendation A, recommendation B(3) and recommendation C thereof,
   Having regard to Recommendation ESRB/2015/2 of the European Systemic Risk Board of 15 December 2015 on the assessment of cross-border effects of and voluntary reciprocity for macroprudential policy measures (5), and in particular recommendations B to D 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 (6), and in particular Article 6 thereof,
   Having regard to Decision ESRB/2015/3 of the European Systemic Risk Board of 11 December 2015 on the assessment of materiality of third countries for the Union’s banking system in relation to the recognition and setting of countercyclical buffer rates (7), and in particular Article 4 thereof,
   Whereas:

               (1)

               The European Systemic Risk Board (ESRB) is responsible for macroprudential oversight within the Union. In this regard, the ESRB aims to contribute to the prevention or mitigation of systemic risks to financial stability in the Union, including risks that stem from outside the Union. As part of this task, the ESRB works to avoid regulatory arbitrage and cross-border leakages by ensuring that the same or equivalent macroprudential requirements apply to the same risks across the Union. To ensure the effectiveness of macroprudential policy measures, the ESRB considers three tasks as being of particular importance. These tasks are mandated by Union law and/or follow from Regulation (EU) No 1092/2010.

               (2)

               First, the ESRB is mandated by Article 133 of Directive 2013/36/EU and Article 458 of Regulation (EU) No 575/2013 to assess the appropriateness of macroprudential policy measures before they are adopted by the Member States or the European Central Bank (ECB).

               (3)

               Second, the ESRB assesses the potential adverse cross-border spillover effects of specific macroprudential policy measures and, if a reciprocation request has been received from the relevant activating authority, evaluates whether specific macroprudential policy measures taken by the Member States should be reciprocated across the Union in accordance with the framework set out in Recommendation ESRB/2015/2 of the European Systemic Risk Board. Pursuant to Article 134 of Directive 2013/36/EU and Article 458 of Regulation (EU) No 575/2013, Member States may ask the ESRB to issue recommendations to other Member States requiring reciprocation of their macroprudential policy measures. In accordance with its mandate, the ESRB may also recommend the reciprocation of measures whose reciprocation is subject to national discretion.

               (4)

               Third, the ESRB contributes to achieving coherence across the Union for countercyclical capital buffer (CCB) rates applying to exposures to third countries. It is specifically mandated by Article 138 of Directive 2013/36/EU to issue recommendations with a view to ensuring that such CCB rates are sufficient to protect Union institutions from the risk of excessive credit growth in third countries. According to Article 139 of Directive 2013/36/EU, the ESRB may issue recommendations to achieve coherence across Member States when they exercise the powers granted by that Article in the area of setting and recognising CCB rates for exposures to third countries.

               (5)

               In relation to its first task of assessing the appropriateness of certain macroprudential policy measures prior to their adoption, in 2014 the ESRB established an Assessment Team mandated with analysing these measures and preparing opinions and recommendations. Since the ESRB’s second and third tasks have a number of aspects in common with its first task, it would be advisable to extend the mandate of the existing Assessment Team to cover all three tasks. In view of the Assessment Team’s extended mandate it would then also be necessary to amend the composition of the Assessment Team to encompass a wider range of expertise. Furthermore, the terms of office for certain members of the Assessment Team, appointed in accordance with Decision ESRB/2014/2 of the European Systemic Risk Board (8), need to continue until the expiration of the relevant terms of office.

               (6)

               To enable the ESRB to discharge these three tasks, the relevant authorities are recommended to notify the ESRB of macroprudential policy measures, including those that go beyond the requirements set out in Union law. These notification requirements are set out in Articles 129(2), 130(2), 131(7) and (12), 133, 134(2), 136(7) and 160 of Directive 2013/36/EU as well as Article 99(7) and Article 458 of Regulation (EU) No 575/2013. Moreover, Recommendation ESRB/2015/2 recommends that the relevant authorities notify the ESRB of all adopted macroprudential policy measures.

               (7)

               The operating procedures of the Assessment Team for each of its three tasks must reflect the different timelines by which the ESRB is required to discharge its respective tasks. In particular, the ESRB will deliver its opinions or recommendations on the measure in question within one month of receiving a notification, in accordance with Article 133 of Directive 2013/36/EU and Article 458 of Regulation (EU) No 575/2013. The ESRB will aim to amend Recommendation ESRB/2015/2 within three months of being notified of such measures. If the ESRB considers that action on the CCB rate applying to exposures to a specific third country is needed, it will aim to issue a recommendation within three months of having become aware of a potential risk from excessive credit growth in the third country concerned.

               (8)

               Decision ESRB/2014/2 needs to be repealed and replaced by this Decision in order to include the two additional tasks for the Assessment Team and the corresponding changes to its composition,

         HAS ADOPTED THIS DECISION:
   Article 1
   Scope
   1.   This Decision establishes a common procedural framework regarding the issuing of opinions and recommendations by the ESRB in response to the adoption of macroprudential policy measures within the Union in the areas defined in paragraph 2.
   2.   In particular, the purpose of this Decision is to lay out the procedures for the analysis of macroprudential policy measures and — if applicable — for issuing:

               (a)

               ESRB recommendations and opinions on national macroprudential policy measures in accordance with Article 133(14) and (15) of Directive 2013/36/EU and Article 458(4) of Regulation (EU) No 575/2013;

               (b)

               Amendments to Recommendation ESRB/2015/2 to incorporate additional notified macroprudential policy measures recommended for reciprocation in accordance with, but not limited to, Article 134(4) of Directive 2013/36/EU and Article 458(8) of Regulation (EU) No 575/2013;

               (c)

               ESRB recommendations, on the setting and recognition of a specific CCB rate for the exposures to a specific third country in accordance with, but not limited to, Articles 138 and 139 of Directive 2013/36/EU (hereinafter the ‘ESRB recommendations on specific third country CCB rates’).

         Article 2
   Definitions
   For the purposes of this Decision, the following definitions shall apply:

               (1)

               ‘adoption’ has the same meaning as in Section 2(1) of Recommendation ESRB/2015/2;

               (2)

               ‘countercyclical buffer rate’ means countercyclical buffer rate as defined in Article 128(7) of Directive 2013/36/EU;

               (3)

               ‘Darwin’ means the internal document management system of the ESRB;

               (4)

               ‘macroprudential policy measure’ has the same meaning as in Section 2(1) of Recommendation ESRB/2015/2;

               (5)

               ‘notification’ has the same meaning as in Section 2(1) of Recommendation ESRB/2015/2;

               (6)

               ‘notifying authority’ means a relevant authority transmitting a notification to the ESRB;

               (7)

               ‘opinion’ means any opinion to be issued by the ESRB following the receipt of a notification regarding a macroprudential policy measure, in accordance with Article 133 of Directive 2013/36/EU and Article 458 of Regulation (EU) No 575/2013;

               (8)

               ‘reciprocity’ has the same meaning as in Section 2(1) of Recommendation ESRB/2015/2;

               (9)

               ‘recommendation’ means any recommendation to be issued by the ESRB in accordance with, but not limited to, Articles 133(14), 134(4), 138 and 139 of Directive 2013/36/EU and Article 458 of Regulation (EU) No 575/2013;

               (10)

               ‘relevant activating authority’ has the same meaning as in Section 2(1) of Recommendation ESRB/2015/2;

               (11)

               ‘relevant authority’ has the same meaning as in Section 2(1) of Recommendation ESRB/2015/2;

               (12)

               ‘relevant third-country authority’ has the same meaning as in Section 2(1) of Recommendation ESRB/2015/1;

               (13)

               ‘third country’ has the same meaning as in Section 2(1) of Recommendation ESRB/2015/1.

         Article 3
   Publication of macroprudential policy measures
   1.   When notifying the ESRB of any adopted macroprudential policy measure within the scope of this Decision, the relevant authorities shall use the templates published on the ESRB’s website. The ESRB Secretariat shall publish the macroprudential policy measures that the relevant authorities have adopted, published and notified to the ESRB. The notifying authority may request, and the Head of the ESRB Secretariat may approve, that for reasons of financial stability these measures should not be published.
   2.   The opinions and recommendations issued in accordance with this Decision, as well as any amendments to them, shall be published on the ESRB’s website following their approval by the General Board. The notifying authority may request, and the ESRB may decide, that for reasons of financial stability, these opinions, recommendations or any amendments to them should not be published. Public recommendations, including amendments to them, addressed to the relevant authorities in all Member States shall be published in the Official Journal of the European Union.
   Article 4
   ESRB opinions and recommendations on national macroprudential policy measures
   1.   This Article shall apply to opinions and recommendations within the meaning of Article 1(2)(a).
   2.   Once a notification has been received pursuant to Article 133 of Directive 2013/36/EU or Article 458 of Regulation (EU) No 575/2013, the ESRB Secretariat shall immediately submit it to members of the General Board and to the Assessment Team via Darwin.
   3.   Within five ECB working days following the receipt of a notification, as referred to in paragraph 2, members of the General Board may raise material concerns regarding any negative externalities such as adverse cross-border spillover effects of the macroprudential policy measure notified. These members may also indicate that their authority would like to participate in the Assessment Team, as an observer, if it is not yet represented. To ensure a smooth and efficient process, members shall raise, insofar as is possible, such material concerns in English.
   4.   Within 12 ECB working days following the receipt of a notification, in accordance with paragraph 2, the Assessment Team shall prepare an assessment of and a draft opinion or recommendation on the appropriateness of the macroprudential policy measure having regard to the relevant requirements under Directive 2013/36/EU and Regulation (EU) No 575/2013 from a macroprudential and financial stability perspective.
   5.   As soon as it is finalised by the Assessment Team, the ESRB Secretariat shall immediately submit the draft opinion or recommendation, via Darwin, to all members of the General Board for consideration via written procedure. Within four ECB working days following the day of submission, members of the General Board may provide comments on the draft opinion or recommendation prior to taking a General Board decision.
   6.   Within two ECB working days following the day by which comments from members of the General Board are due, the Assessment Team shall consider whether the draft opinion or recommendation should be revised in the light of those comments and shall submit, via the ESRB Secretariat, the final draft opinion or recommendation to the General Board.
   7.   Based on the assessment and draft prepared by the Assessment Team, the General Board shall take a decision on the draft opinion or recommendation. Unless a General Board meeting is convened in accordance with the Rules of Procedure of the ESRB, the decision by the General Board shall be taken by written procedure, in which case the members of the General Board shall be given at least five ECB working days to cast their vote. The decision by the General Board shall be taken at least one ECB working day prior to the expiry of the one-month period specified in Article 133(14) of Directive 2013/36/EU or Article 458(4) of Regulation (EU) No 575/2013.
   8.   If, following a request by the ESRB to the notifying authorities for further information, the information received still does not contain all relevant information needed to assess the appropriateness of the intended measure, including its compliance with the relevant requirements under Directive 2013/36/EU and Regulation (EU) No 575/2013, the ESRB may provide an opinion stating that it is not possible to assess conformity with the requirements of Directive 2013/36/EU and Regulation (EU) No 575/2013. The ESRB may also issue a negative opinion or recommendation, as appropriate.
   Article 5
   ESRB recommendation on the reciprocity of macroprudential policy measures
   1.   This Article shall apply to amendments to Recommendation ESRB/2015/2 within the meaning of Article 1(2)(b).
   2.   Within five ECB working days following the receipt by the ESRB of a request for reciprocation from a Member State, in accordance with but not limited to Article 134(4) of Directive 2013/36/EU or Article 458(8) of Regulation (EU) No 575/2013, the ESRB Secretariat shall submit it to members of the Advisory Technical Committee (ATC), the General Board and the Assessment Team, via Darwin.
   3.   Within five ECB working days following the transmission of the information referred to in paragraph 2, members of the General Board may demonstrate to the ESRB that the macroprudential policy measure notified would have significant adverse cross-border spillover effects in their jurisdiction, and indicate that their authority would like to participate in the Assessment Team, as an observer, if its country is not yet represented. To ensure a smooth and efficient process, members of the General Board shall, in so far as is possible, provide relevant information to the ESRB in English.
   4.   Within 25 ECB working days following the transmission of the information referred to in paragraph 3, the Assessment Team shall prepare an assessment of the need for adopting a recommendation on reciprocation together with a draft amendment of Recommendation ESRB/2015/2, where necessary. The Assessment Team shall make a proposal to the ATC on the reciprocation of the notified measure and on the means whereby reciprocation might be achieved in compliance with Recommendation ESRB/2015/2.

               (a)

               If the Assessment Team determines that a discussion on the reciprocation of the measure under consideration is warranted, the ESRB Secretariat shall submit the Assessment Team’s assessment and the draft amendment of Recommendation ESRB/2015/2 to a meeting of the ATC for discussion. Such discussion shall also consider the types of measure whereby reciprocation by other Member States of the measure under consideration might be achieved. Where the same measure as the one under consideration is not available in the national legislation of all other Member States, the Assessment Team shall identify other measures with an equivalent effect that reciprocating relevant authorities may use on a best effort basis.

               (b)

               If the Assessment Team determines that no discussion is necessary because the notified measure is exposure-based and is available in all other Member States, the ESRB Secretariat may transmit the draft amendment of Recommendation ESRB/2015/2 via Darwin to all members of the ATC for a written procedure. In this case, the draft amendment of Recommendation ESRB/2015/2 shall request reciprocation of that measure by all other Member States.

         5.   If an ATC written procedure is necessary following the meeting of the ATC, at which the reciprocation of the measure was discussed, or in accordance with paragraph 4(b), the members of the ATC may provide comments on the draft recommendation within five ECB working days following the day of transmission via Darwin.
   6.   Within five ECB working days following either the day that comments from the ATC are due or the day of the ATC meeting, at which the reciprocation of the measure was discussed, the ESRB Secretariat shall submit — if applicable — the draft amendment of Recommendation ESRB/2015/2 to the General Board for consultation via Darwin. If ATC members provide substantial comments either via the written procedure referred to in paragraph 5 or during the ATC meeting, the preparation of the draft amendment of Recommendation ESRB/2015/2 may be extended by up to 25 ECB working days.
   7.   The General Board may provide comments — if applicable — on the draft amendment of Recommendation ESRB/2015/2 within five ECB working days following the submission of the draft to the General Board.
   8.   Within five ECB working days following the day by which comments from members of the General Board are due, the ESRB Secretariat shall — if applicable — either submit the final draft amendment of Recommendation ESRB/2015/2 to the General Board via a written procedure for approval, or submit it for approval at a General Board meeting. The General Board may take a decision on the draft amendment of Recommendation ESRB/2015/2 via written procedure or during a General Board meeting in accordance with Article 6 of Decision ESRB/2011/1.
   Article 6
   ESRB recommendations on specific third-country CCB rates
   1.   This Article shall apply to recommendations within the meaning of Article 1(2)(c).
   2.   The Assessment Team may be requested to analyse credit developments in a third country, that might result in a draft ESRB recommendation on the specific third-country CCB rate applicable to the third country concerned, in the following cases:

               (a)

               when a relevant third-country authority asks for recognition of a buffer rate above 2,5 %;

               (b)

               when the ESRB is informed by a designated authority in accordance with recommendation A(1), of Recommendation ESRB/2015/1, or when — for countries that are members of the Basel Committee on Banking Supervision (BCBS) — the ESRB Secretariat becomes aware that a relevant third-country authority has set a CCB rate for that third country in excess of 2,5 %;

               (c)

               when the ESRB is informed by a designated authority in accordance with recommendations A(2) and B(3) of Recommendation ESRB/2015/1;

               (d)

               when the ESRB is informed by a designated authority in accordance with recommendation C(1), of Recommendation ESRB/2015/1, or when the CCB rate set by a relevant third-country authority, which is from a country that is a member of the BCBS, was recognised on the basis of an ESRB recommendation, and the ESRB Secretariat becomes aware that the relevant third-country authority has set the CCB rate at a lower rate;

               (e)

               when the ESRB is informed by a designated authority in accordance with recommendation C(2), of Recommendation ESRB/2015/1, or when the CCB rate set by a relevant third-country authority, which is from a country that is a member of the BCBS, was set on the basis of an ESRB recommendation, and the ESRB Secretariat becomes aware that the relevant third-country authority has set the CCB rate at a lower rate;

               (f)

               when the ESRB Secretariat finds indications of excessive credit growth in one of the third countries identified as material for the Union, as defined in Article 4 of Decision ESRB/2015/3.

         3.   Within five ECB working days following the day on which one of the cases set out in paragraph 2 materialises, the ESRB Secretariat shall submit all relevant information to members of the ATC, the General Board and the Assessment Team, via Darwin. The Chair of the Assessment Team will decide if and when to notify the relevant third-country authority with a view to inviting a representative to join the Assessment Team as an observer.
   4.   Within five ECB working days following the transmission of the information referred to in paragraph 3, members of the General Board may demonstrate to the ESRB that their Member State has material exposures to the third country in question, and indicate that they would like to participate in the Assessment Team as observers, if their authority is not represented. To ensure a smooth and efficient process, members shall provide, insofar as is possible, relevant information to the ESRB in English.
   5.   Within 25 ECB working days following the transmission of the information referred to in paragraph 4, the Assessment Team shall prepare an assessment of the need for adopting a recommendation on specific third-country CCB rates that apply to the third country concerned. If the Assessment Team deems that a recommendation is necessary, the assessment shall be accompanied by a draft recommendation. The ESRB Secretariat shall submit the assessment and — if applicable — the draft recommendation to a meeting of the ATC for discussion or via Darwin to the ATC for written procedure.
   6.   Within five ECB working days following the day of submission via written procedure, members of the ATC may provide comments on the assessment and — if applicable — on the draft recommendation.
   7.   Within five ECB working days following either the day that comments from the ATC are due or the day of the ATC meeting, the ESRB Secretariat shall submit the assessment and — if applicable — the draft recommendation to the General Board for consultation via Darwin.
   8.   Within five ECB working days following the day of submission, the members of the General Board may provide comments on the assessment and — if applicable — the draft recommendation.
   9.   If the Assessment Team deemed that a recommendation was needed and the General Board consultation has not raised any substantial comments, the ESRB Secretariat shall submit the final draft recommendation within five ECB working days following the day by which comments from the members of the General Board were due, either to the General Board via a written procedure for approval, or for approval during a General Board meeting.
   10.   If the General Board consultation raised substantial comments, the ESRB Secretariat will bring the issue to the next meeting of the General Board for discussion.
   11.   The General Board may take a decision on the final draft recommendation by means of a written procedure or during the General Board meeting in accordance with Article 6 of Decision ESRB/2011/1.
   12.   The procedure described in paragraphs 3 to 11 may be shortened if the decision by the ESRB on specific third-country CCB rates for exposures to a particular third country is requested as a matter of urgency. The Chair of the Assessment Team may decide to shorten the abovementioned process, at the request of the notifying authority and/or based on the nature of the underlying risk to the banking system of the Union.
   Article 7
   Assessment Team
   1.   The Assessment Team shall prepare assessments of and draft opinions or recommendations on macroprudential policy measures, on reciprocity of macroprudential policy measures and on third-country CCB rates. The Assessment Team’s members, as well as any observers, shall have a sufficient level of seniority, both from a technical and a policy perspective.
   2.   The Chair of the Assessment Team shall be the Head of the ESRB Secretariat or his/her designated alternate.
   3.   The Assessment Team shall comprise: (a) two representatives from the ESRB Secretariat including the Chair of the Assessment Team; (b) one representative from the supervisory function of the ECB; (c) one representative from the macroprudential function of the ECB, (d) one representative from the European Commission; (e) one representative from the European Banking Authority (EBA); and (f) nine representatives each representing a national central bank (NCB) of a Member State. Representatives from the NCBs that are members of the Steering Committee, including representatives of NCBs from which the first Vice-Chair of the ESRB and the ATC Chair are appointed, shall be among the nine NCB representatives.
   4.   Based on nominations from the NCBs that are members of the General Board, the General Board shall appoint the nine NCB representatives referred to in paragraph 3. They shall be appointed for the same period as their authority’s representative in the Steering Committee or otherwise for a period of three years. If their authority is not represented in the Steering Committee, the NCB representatives on the Assessment Team may be reappointed.
   5.   All other members of the Assessment team shall be appointed for an unlimited period.
   6.   All ESRB member institutions represented in the Assessment Team may change their members or designate more than one person based on the expertise needed and the type of assessment to be conducted by the Assessment Team pursuant to Article 1(2). Such changes must be approved by the Chair of the Assessment Team. The composition of the Assessment Team shall ensure a balanced representation of Member States both from Member States in and outside the euro area.
   7.   Observers may participate in the Assessment Team with a view to contributing to the discussion. Observers may comprise up to two representatives per Member State, one from the NCB and one from the relevant authority or other authorities represented in the ESRB General Board, which either has raised material concerns in accordance with Article 4(3), has signalled that the relevant macroprudential policy measure would have significant adverse cross-border spillover effects at a national level in accordance with Article 5(3), or is from a Member State that has material exposures to the third country in question in accordance with Article 6(4). Members of the General Board shall coordinate national representation in the Assessment Team with the relevant national authorities, if they are not represented in the General Board and the measure being discussed is within their mandate. When a recommendation or opinion is prepared in accordance with Article 133(14) and (15) of Directive 2013/36/EU and Article 458(4) of Regulation (EU) No 575/2013, representatives from the Commission and the EBA shall be observers. Observers of the Assessment Team may also comprise up to two representatives from a Member State that has notified a macroprudential policy measure and/or requested reciprocity of a macroprudential policy measure, one from the relevant NCB and one from the national relevant authority. Representatives from third countries, whose CCB rates are discussed, may also be invited as observers, in which case they shall be subject to confidentiality agreements.
   8.   Where, pursuant to Article 5(2) of Council Regulation (EU) No 1024/2013 (9), the ECB, instead of a national authority, notifies a macroprudential policy measure at national level, the ECB shall be represented by two observers and each Member State concerned shall be represented by two observers designated according to the same procedure, as described in paragraph 7.
   9.   To avoid conflicts of interest in the assessment of macroprudential policy measures under Article 1(2)(a), the status of Assessment Team members shall temporarily cease, without those members being replaced, for representatives of Member States or the ECB in all cases where the relevant authorities of the Member State concerned or the ECB have notified a macroprudential policy measure or raised material concerns regarding the macroprudential policy measure or requested reciprocity of a macroprudential policy measure to be assessed by the Assessment Team.
   10.   Members of the Assessment Team shall prepare draft opinions or recommendations in accordance with Articles 4(4), 5(4) and 6(5) on which the General Board may take a vote. The Assessment Team shall strive to reach consensus among its members. Where circumstances so require, it may provide a majority and a minority view in the assessment it submits to the General Board.
   Article 8
   Transitional provisions
   1.   The nine NCB representatives appointed in accordance with Article 5(2) and 5(8) of Decision ESRB/2014/2 shall remain in place until the end of the initial terms of office referred to in Article 5(8) of Decision ESRB/2014/2.
   2.   Following the expiry of the initial two-year term of office on 27 January 2016, the four NCB representatives concerned shall be replaced by one representative from each of the four NCBs represented in the Steering Committee. If an NCB from the Steering Committee is already represented in the Assessment Team after 27 January 2016, its member of the Assessment Team shall be replaced by a representative from the NCB from which the ATC Chair was appointed.
   3.   Following the expiry of the initial three-year term of office on 27 January 2017, the five NCB representatives concerned shall be replaced by four representatives from four NCBs, appointed in accordance with Article 7(4) and one from the NCB from which the first Vice-Chair of the ESRB was appointed.
   Article 9
   Repeal
   This Decision repeals and replaces Decision ESRB/2014/2.
   Article 10
   Entry into force
   This Decision shall enter into force on 1 January 2016.

      Done at Frankfurt am Main, 16 December 2015.

            The Chair of the ESRB

         Mario DRAGHI

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

      (2)  OJ L 176, 27.6.2013, p. 1.

      (3)  OJ L 176, 27.6.2013, p. 338.

      (4)  The English version is available on the ESRB’s website at: www.esrb.europa.eu

      (5)  The English version is available on the ESRB’s website at: www.esrb.europa.eu

      (6)  OJ C 58, 24.2.2011, p. 4.

      (7)  The English version is available on the ESRB’s website at: www.esrb.europa.eu

      (8)  Decision ESRB/2014/2 of the European Systemic Risk Board of 27 January 2014 on a coordination framework regarding the notification of national macro-prudential policy measures by competent or designated authorities and the provision of opinions and the issuing of recommendations by the ESRB (OJ C 98, 3.4.2014, p. 3).

      (9)  Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (OJ L 287, 29.10.2013, p. 63).