Avis juridique important

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31986D0595

86/595/EEC: Council Decision of 3 December 1986 on the conclusion of an Agreement in the form of an Exchange of Letters concerning an extension of the Protocol annexed to the Agreement between the European Economic Community and the Government of the Democratic Republic of Sao Tomé and Principe on fishing off the coast of Sao Tomé and Principe

Official Journal L 344 , 06/12/1986 P. 0028

*****COUNCIL  DECISION  of 3 December 1986  on the conclusion of an Agreement in the form of an Exchange of Letters concerning an extension of the Protocol annexed to the Agreement between the European Economic Community and the Government of the Democratic Republic of Sao Tomé and Principe on fishing off the coast of Sao Tomé and Principe  (86/595/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the Agreement between the European Economic Community and the Government of the Democratic Republic of Sao Tomé and Principe on fishing off the coast of Sao Tomé and Principe (1), and in particular Article 8 thereof,  Having regard to the proposal from the Commission,  Whereas the Community and the Democratic Republic of Sao Tomé and Principe have begun the negotiations provided for in Article 8 of the Agreement in order to determine the arrangements that will apply from 31 August 1986 when the Protocol annexed to the Agreement expires;  Whereas on 22 August 1986, the two parties agreed to extend the Protocol for an interim period of two months from 31 August 1986 pending the final result of these negotiations,  HAS DECIDED AS FOLLOWS:  Article 1  The Agreement in the form of an Exchange of Letters concerning an extension of the Protocol annexed to the Agreement between the European Economic Community and the Government of the Democratic Republic of Sao Tomé and Principe on fishing off the coast of Sao Tomé and Principe is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Decision.  Article 2  The President of the Council is hereby authorized to designate the persons enpowered to sign the Agreement in order to bind the Community.  Done at Brussels, 3 December 1986.  For the Council  The President  M. JOPLING  (1) OJ No L 54, 25. 2. 1984, p. 2.


Avis juridique important

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E1996C0054

EFTA SURVEILLANCE AUTHORITY DECISION No 54/96/COL of 15 May 1996 on the ninth amendment of the procedural and substantive rules in the field of State Aid

Official Journal L 245 , 26/09/1996 P. 0028 - 0031

EFTA SURVEILLANCE AUTHORITY DECISION No 54/96/COL of 15 May 1996 on the ninth amendment of the procedural and substantive rules in the field of State Aid THE EFTA SURVEILLANCE AUTHORITY,has amended the Procedural and Substantive Rules in the Field of State Aid (1), adopted on 19 January 1994 (2), as last amended by Decision No 53/96/COL (3), as follows:1. Chapter 12 of the State Aid Guidelines shall be replaced by the following:'12. THE DE MINIMIS RULE AND ITS APPLICATION (1)12.1. The de minimis rule(1) The EFTA Surveillance Authority is of the view that aid below a certain amount is considered not to have an appreciable effect on trade and competition between the Contracting Parties. Therefore Article 61 (1) of the EEA Agreement can be said not to apply and notification is not required for payments of aid as defined below.(2) Individual awards of aid to any one firm of up to ECU 100 000 and schemes under which the amount of aid a given firm may receive over a three-year period is limited to that figure need not be notified under Article 1 (3) of Protocol 3 to the Surveillance and Court Agreement, provided that the conditions laid down below are observed.(3) The three-year period to which the limit is to be applied should be regarded as beginning on the date when the firm first was granted aid under the de minimis rule.(4) The ceiling for the de minimis aid applies to the total of all public assistance considered to be de minimis aid and will not affect the possibility of the recipient obtaining other aid under schemes approved by the EFTA Surveillance Authority.(5) The ceiling will apply to all aid granted by national, regional and local authorities, and to aid of all kinds, irrespective of the form it takes or the objective pursued, with the exception of export aid, which is excluded from the benefit of the de minimis rule (2).(6) The de minimis rule will be of interest primarily to SMEs, though it applies irrespective of the size of the recipient. It does not apply to the steel industry covered by ECSC Treaty nor to shipbuilding or transport.12.2. Principles for calculating the cash grant equivalent of de minimis aid(1) The limit in the de minimis rule is expressed as a cash grant of ECU 100 000. In cases where assistance is provided otherwise than as a grant, it has to be converted into its cash grant equivalent value for the purposes of applying the de minimis limit. Of the other forms in which aid with a low cash value is given, the commonest are soft loans, tax allowances and loan guarantees. The conversion of aid in these forms into its cash grant equivalent is to be carried out as follows.(2) The cash grant equivalent should be calculated gross, i.e. before tax, if the aid is taxable. If the aid is not taxable, as in the case of some tax allowances, the nominal amount of the aid, which is both gross and net, should be taken.(3) All aid receivable in the future should be discounted to its present value. The discount rate used should be the reference interest rate which applies at the time the aid is granted. However, a cash grant is to be counted as a single lump sum even if it is to be paid in instalments.(4) The cash grant equivalent of a soft loan in a given year is the difference between the interest due at the reference interest rate and that actually paid. All the interest that will be saved until the loan has been fully repaid should be discounted to its value at the time the loan is granted and added together. An example of how to calculate the cash grant equivalent of a soft loan is given in section 12.4.(5) The cash grant equivalent of a tax allowance is the saving in tax payments in the year concerned. Again, tax savings to be obtained in the future should be discounted to their present value using the reference interest rate.(6) For loan guarantees, the cash grant equivalent in a given year can be either:- calculated in the same way as the cash grant equivalent of a soft loan, once the premiums paid have been deducted, the interest subsidy representing the difference between the reference interest rate and the rate obtained thanks to the state guarantee (when the risk of default of payment is particularly high, e.g. due to a poor financial position or limited creditworthiness of the beneficiary, lack of security or owing to the terms of the guarantee itself, the use of this option has to be assessed in the light of other relevant rules applicable in such situations), or- taken to be the difference between (a) the outstanding sum guaranteed, multiplied by the risk factor (the probability of default) and (b) any premium paid, i.e.(guaranteed sum × risk) - premiumThe risk factor should reflect the experience of default on loans extended in similar circumstances (sector, size of firm, level of general economic activity). Discounting to present value should be carried out in the same way as before.12.3. Monitoring of the de minimis rule by the EFTA States(1) The EFTA Surveillance Authority has a duty to satisfy itself that the EFTA States are not given their enterprises aid which is incompatible with the functioning of the EEA Agreement (3). The EFTA States are under an obligation to facilitate the achievement of this task by establishing machinery to ensure that, where aid is given to the same recipient under separate measures all of which are covered by the de minimis rule, the total amount of the aid does not exceed ECU 100 000 over a period of three years. In particular, any decision granting de minimis aid or the rules of any scheme providing for aid of this kind must include an explicit stipulation that any additional aid granted to the same recipient under the de minimis rule must not raise the total de minimis aid received by the enterprise to a level above the ceiling of ECU 100 000 over a period of three years. The machinery established must also enable the EFTA States to answer any questions which the EFTA Surveillance Authority might wish to ask.12.4. Calculation of the cash grant equivalent of a soft loan(1) The following gives an example of how the grant equivalent of a soft loan can be calculated.(2) A public authority commits itself to paying an interest subsidy on a ECU 500 000 10-year loan to maintain the interest rate to the borrower at 6 %. The official reference interest rate fixed by the EFTA Surveillance Authority for the country concerned in that year is 8 %. In calculating the cash grant equivalent of the subsidy throughout the term of the loan, it may be assumed that the reference interest rate remains constant over the period. The cash equivalent of the subsidy depends on whether or not a grace period on principal repayments is granted.12.4.1. No grace period(1) The loan is assumed to be paid off in linear instalments starting in year one. The cash grant equivalent of the interest subsidy in the first year is the principal sum multiplied by the interest subsidy in percent, divided by the reference interest rate, thus:1. ECU 500 000 × >NUM>0,02 >DEN>1,08 = ECU 9 259.The subsidy in years two to ten is calculated similarly, but at a compound discount rate, i.e.:2. ECU 450 000 × >NUM>0,02 >DEN>(1,08) ² = ECU 7 7163. ECU 400 000 × >NUM>0,02 >DEN>(1,08) ³ = ECU 6 3514. ECU 350 000 × >NUM>0,02 >DEN>(1,08) 4 = ECU 5 1455. ECU 300 000 × >NUM>0,02 >DEN>(1,08) 5 = ECU 4 0836. ECU 250 000 × >NUM>0,02 >DEN>(1,08) 6 = ECU 3 1517. ECU 200 000 × >NUM>0,02 >DEN>(1,08) 7 = ECU 2 3348. ECU 150 000 × >NUM>0,02 >DEN>(1,08) 8 = ECU 1 6219. ECU 100 000 × >NUM>0,02 >DEN>(1,08) 9 = ECU 1 00010. ECU 50 000 × >NUM>0,02 >DEN>(1,08) 10 = ECU 463.(2) The total cash grant equivalent is the sum of the discounted subsidies in each year, i.e. ECU 41 123.12.4.2. With grace period(1) It is assumed that no repayments of the principal have to be made in the first two years.(2) The loan is repaid in linear instalments of ECU 62 500 from the third year onwards. The discounted cash grant equivalent of the interest subsidy in each year is:1. ECU 500 000 × >NUM>0,02 >DEN>1,08 = ECU 9 2592. ECU 500 000 × >NUM>0,02 >DEN>(1,08) ² = ECU 8 5733. ECU 500 000 × >NUM>0,02 >DEN>(1,08) ³ = ECU 7 9384. ECU 437 500 × >NUM>0,02 >DEN>(1,08) 4 = ECU 6 4325. ECU 375 000 × >NUM>0,02 >DEN>(1,08) 5 = ECU 5 1046. ECU 312 500 × >NUM>0,02 >DEN>(1,08) 6 = ECU 3 9397. ECU 250 000 × >NUM>0,02 >DEN>(1,08) 7 = ECU 2 9178. ECU 187 500 × >NUM>0,02 >DEN>(1,08) 8 = ECU 2 0269. ECU 125 000 × >NUM>0,02 >DEN>(1,08) 9 = ECU 1 25110. ECU 62 500 × >NUM>0,02 >DEN>(1,08) 10 = ECU 579(3) In this case the total cash grant equivalent is ECU 48 018.(1) This chapter corresponds to the Commission notice on the de minimis rule for State aid (OJ No C 68, 6. 3. 1996).(2) 'Export aid` means any aid directly linked to the quantities exported, to the establishment and operation of a distribution network or to current expenditure linked to the export activity. It does not include aid towards the cost of participating in trade fairs, or of studies or consultancy services needed for the launch of a new or existing product on a new market.(3) The Authority also reserves the right to take appropriate action against any aid which complies with the de minimis rule but infringes other provisions of the EEA Agreement.`2. Paragraph 16.2.3 (2) of the State Aid Guidelines shall read as follows:'(2) The only general exception is aid that is too small in amount to have a significant effect on competition and trade between the Contracting Parties and qualifies as de minimis aid (see Chapter 12 of these guidelines).`Done at Brussels, 15 May 1996.For the EFTA Surveillance AuthorityKnut ALMESTADThe President(1) Hereinafter referred to as the State Aid Guidelines.(2) OJ No L 231, 3. 9. 1994, p. 1.(3) See page 20 of this Official Journal.


title: 2014/306/EU: Council Decision of 13 May 2014 on the conclusion, on behalf of the European Union, of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Union and the Republic of Seychelles

text:
               29.5.2014

               EN

               Official Journal of the European Union

               L 160/4

         COUNCIL DECISION
   of 13 May 2014
   on the conclusion, on behalf of the European Union, of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Union and the Republic of Seychelles

      (2014/306/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43, in conjunction with Article 218(6)(a) and Article 218(7) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               On 5 October 2006, the Council approved the Fisheries Partnership Agreement between the European Community and the Republic of Seychelles (1) (the ‘Agreement’) by means of Regulation (EC) No 1562/2006 (2).

               (2)

               The fishing opportunities and the financial contribution provided for by the Agreement were set out in a Protocol (3). The most recent Protocol expires on 17 January 2014.

               (3)

               The Union has negotiated with the Republic of Seychelles a new Protocol setting out the fishing opportunities and the financial contribution provided for by the Agreement (the ‘new Protocol’).

               (4)

               In accordance with Council Decision 2014/5/EU (4), the new Protocol has been signed and is applied on a provisional basis as from 18 January 2014.

               (5)

               The Agreement set up a Joint Committee which is responsible for monitoring the implementation of the Agreement. Furthermore, in accordance with the Protocol, the Joint Committee may approve certain modifications to the Protocol. In order to facilitate the approval of such modifications, it is appropriate to empower the Commission, subject to specific conditions, to approve them under a simplified procedure.

               (6)

               It is in the interest of the Union to implement the Agreement by means of a Protocol setting out the fishing opportunities and the financial contribution and defining the conditions for promoting responsible fishing and sustainable fisheries in the Seychelles' waters.

               (7)

               The new Protocol should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Union and the Republic of Seychelles (the ‘Protocol’) is hereby approved on behalf of the Union (5).
   Article 2
   The President of the Council shall, on behalf of the Union, give the notification provided for in Article 16 of the Protocol.
   Article 3
   Subject to the provisions and conditions set out in the Annex, the Commission shall be empowered to approve, on behalf of the Union, modifications to the Protocol in the Joint Committee.
   Article 4
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union
       (6).

      Done at Brussels, 13 May 2014.

            For the Council

            The President

         E. VENIZELOS

      (1)  OJ L 290, 20.10.2006, p. 2.

      (2)  Council Regulation (EC) No 1562/2006 of 5 October 2006 concerning the conclusion of the Fisheries Partnership Agreement between the European Community and the Republic of Seychelles (OJ L 290, 20.10.2006, p. 1).

      (3)  OJ L 345, 30.12.2010, p. 3.

      (4)  Council Decision 2014/5/EU of 16 December 2013 on the signing, on behalf of the European Union, and provisional application of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Union and the Republic of Seychelles (OJ L 4, 9.1.2014, p. 1).

      (5)  The Protocol has been published in OJ L 4, 9.1.2014, p. 3 together with the decision on its signature.

      (6)  The date of entry into force of the Protocol will be published in the Official Journal of the European Union by the General Secretariat of the Council.

      ANNEX
      Scope of the empowerment and procedure for the establishment of the Union position in the Joint Committee

                  (1)

                  The Commission shall be authorised to negotiate with the Republic of Seychelles and, where appropriate and subject to complying with paragraph 3 of this Annex, agree on modifications to the Protocol in respect of the following issues:

                              (a)

                              review of fishing opportunities in accordance with Article 5(1) of the Protocol;

                              (b)

                              modalities of the sectoral support in accordance with Article 3 of the Protocol;

                              (c)

                              review of the technical rules on the Vessel Monitoring System (VMS) in accordance with point 9 of Appendix 8 to the Protocol and similar technical provisions in accordance with Article 5(3) of the Protocol.

                  (2)

                  In the Joint Committee set up under the Agreement, the Union shall:

                              (a)

                              act in accordance with the objectives pursued by the Union within the framework of the Common Fisheries Policy;

                              (b)

                              be in line with the Council Conclusions of 19 March 2012 on a Communication from the Commission on the External dimension of the Common Fisheries Policy;

                              (c)

                              promote positions that are consistent with the relevant rules adopted by Regional Fisheries Management Organisations.

                  (3)

                  Where a decision on a modification to the Protocol referred to in paragraph 1 is to be adopted during a Joint Committee Meeting, the necessary steps shall be taken so that the position to be expressed on behalf of the Union takes account of the latest statistical, biological and other relevant information transmitted to the Commission.
                  To this effect and based on that information, a preparatory document setting out the particulars of the Union position which is envisaged shall be transmitted by the Commission services, in sufficient time before the relevant Joint Committee Meeting, to the Council or to its preparatory bodies for consideration and approval.
                  In respect of issues referred to in paragraph 1(a), the approval of the Union position which is envisaged by the Council shall require a qualified majority of votes. In the other cases, the Union position which is envisaged in the preparatory document shall be deemed to be agreed, unless a number of Member States equivalent to a blocking minority objects during a meeting of the Council's preparatory body or within 20 days of receipt of the preparatory document, whichever occurs earlier. In case of such objection, the matter shall be referred to the Council.
                  If, in the course of further meetings, including on the spot, it is impossible to reach an agreement in order for the Union position to take account of new elements, the matter shall be referred to the Council or to its preparatory bodies.
                  The Commission is invited to take, in due time, any steps necessary as a follow-up to the decision of the Joint Committee, including, where appropriate, a publication of the relevant decision in the Official Journal of the European Union and a submission of any proposal necessary for the implementation of that decision.


title: Decision 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 (ESRB/2015/3)

text:
               12.3.2016

               EN

               Official Journal of the European Union

               C 97/23

         DECISION 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
   (ESRB/2015/3)
   (2016/C 97/11)
   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(2)(a) and (b), and Article 15 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 (2), and in particular Article 138 thereof,
   Having regard to Commission Implementing Regulation (EU) No 680/2014 of 16 April 2014 laying down implementing technical standards with regard to supervisory reporting of institutions according to Regulation (EU) No 575/2013 of the European Parliament and of the Council (3), and in particular Annexes I and II thereto,
   Having regard to Decision ESRB/2015/2 of the European Systemic Risk Board of 21 July 2015 on the provision and collection of information for the macroprudential oversight of the financial system within the Union and repealing Decision ESRB/2011/6 (4),
   Whereas:

               (1)

               The European Systemic Risk Board (ESRB) is responsible for carrying out macroprudential oversight in order to contribute to the prevention or mitigation of systemic risks within the Union.

               (2)

               In order to discharge its responsibilities, the ESRB needs to assess macroprudential risks stemming from developments within the Union and in third countries. Such risks could arise from cross-border exposures of the Union’s banking system to third countries, which might serve as a contagion channel into the Union. In particular, excessive credit growth in a given third country could, if not addressed by means of macroprudential policies taken by that country, lead to large losses for the banking sector within the Union and, ultimately, pose a threat to financial stability within the Union.

               (3)

               Article 138 of Directive 2013/36/EU provides the ESRB with a specific mandate to address risks arising from excessive credit growth in third countries. Specifically, when actions taken by authorities in a third country are deemed insufficient, the ESRB can act to protect the Union’s banking sector from risks stemming from excessive credit growth in that third country. In particular, the ESRB may, by means of a recommendation, provide guidance to designated authorities within the Union on the appropriate countercyclical buffer rate for exposures to third countries.

               (4)

               In order to discharge this mandate, third countries to which the Union’s banking system has material exposures (hereinafter ‘material third countries’) need to be identified. The impact that excessive credit growth in a given third country might have on the Union’s banking system depends on the size and nature of the exposures of banks which have their head offices in the Union towards that third country. Given that the ESRB does not have the capacity to monitor developments in all third countries around the world, it considers that it can best discharge its mandate under Article 138 of Directive 2013/36/EU by monitoring only those third countries to which the exposures of the Union’s banking system are material for signs of excessive credit growth.

               (5)

               In order to identify material third countries, the ESRB intends to use supervisory data collected by the European Banking Authority (EBA) in accordance with Decision EBA/DC/2015/130 of the European Banking Authority of 23 September 2015 (5). Decision EBA/DC/2015/130 provides detailed information on exposures in the banking book of a sample of the largest 191 banks in the Union to all third countries globally. Although the data do not include exposures in the trading book, and do not cover all banks in the Union, the ESRB considers that the data are adequate for the purpose of identifying material third countries. Focusing on exposures in the banking book is considered adequate because they represent the majority of exposures. Moreover, netting arrangements and the use of, inter alia, derivatives and short positions make it difficult to allocate an exposure in the trading book to a given third country. Focusing on a sample of the largest banks is considered adequate because these banks tend to have the largest volume of cross-border activities and are, therefore, the banks that would be most affected if excessive credit growth in a third country was not being addressed. In 2014, the 191 banks in the sample accounted for around 92 % of the total assets of the Union’s banking system. As the ESRB does not need bank-specific exposure data for the purpose of identifying material third countries, it intends to request from the EBA the data gathered in accordance with Decision EBA/DC/2015/130 aggregated to country level. Such data requests are governed by Decision ESRB/2015/2.

               (6)

               The ESRB will identify material third countries on the basis of three exposure metrics: risk-weighted assets, original exposure and defaulted exposures in relation to third countries. The main purpose of using a number of metrics is to reflect a comprehensive view of the nature of the exposures to third countries. Focusing solely on risk-weighted assets could result in a situation in which significant exposures with low risk weights would not be given due consideration. By capturing the size of the exposures before risk weights are applied, original exposure compensates for this. Finally, defaulted exposures aim to capture those exposures which pose a greater credit risk to the banks.

               (7)

               The ESRB typically defines a third country as material when exposures of the Union’s banking system to that third country are at least 1 % for at least one of the above three metrics. Compared to non-financial corporations, banks’ equity levels tend to be small relative to their assets. This means that, even for what might appear to be small exposures when compared with the size of the balance sheet of a bank, losses can reach levels that threaten the solvency of banks and/or create doubt among the public about their solvency. This argument would require the setting of a low threshold, as adverse developments in a given third country could materially impact the capital position of banks. At the same time, the threshold used to identify material third countries should not consider third countries to which only one Member State is exposed, unless such exposures are large enough to pose a risk to the Union, beyond the individual Member State in question. To minimise these occurrences, a high threshold should be set, which ensures that only the largest exposures across Member States are captured. The ESRB considers that a threshold of 1 % of total exposures achieves the right balance between the two desirable outcomes above.

               (8)

               The ESRB will compile a list of material third countries and update this list annually on the basis of criteria that govern additions to and deletions from that list. Banking exposures evolve over time, reflecting both cyclical and structural developments in economic and financial integration across the world. The process of identifying material third countries needs to reflect this evolution. To that end, criteria that govern additions to and deletions from the list of material third countries have been defined. They are designed to be: (a) conservative — for a third country to be added to the list is easier than to be deleted from it; and (b) transparent — criteria for adding to and deleting from the list are based on simple rules. In addition, the ESRB can exercise discretion when determining whether a third country is material for the banking sector of the Union. Such discretion is most likely to be exercised in cases where a third country is on the verge of meeting the materiality criteria.

               (9)

               The General Board will be asked to approve each revision of the list of material third countries via written procedure. If an objection is raised, the General Board will vote. The ESRB Secretariat will, on an annual basis, prepare a draft list of material third countries based on the application of the addition and deletion criteria. The Advisory Technical Committee will be able to exercise its discretion and amend the draft list prior to submission to the General Board.

               (10)

               Material third countries identified in accordance with this Decision will be monitored by the ESRB Secretariat. Other third countries might be monitored by other jurisdictions in the Union depending on their materiality for the domestic banking system of a given Member State. Expertise gained from the Risk Dashboard and from earlier work on the countercyclical capital buffer will be used to identify those indicators which are more relevant in terms of the early identification of excessive credit growth.

               (11)

               The ESRB has initially identified six third countries as material, based on supervisory data with a reference date of 30 June 2014. The third countries initially identified as material are the Federative Republic of Brazil, the Hong Kong Special Administrative Region of the People’s Republic of China, the People’s Republic of China, the Republic of Turkey, the Russian Federation and the United States of America. Amendments to this list of material third countries should be published on the ESRB’s website.

               (12)

               The first revision of the list of material third countries, as identified by the ESRB, will take place in the second quarter of 2017, using supervisory data with a reference date of 31 December 2016. This reflects the need to have sufficient data to apply the addition criteria. Due to the fact that there will be insufficient data to apply the deletion criteria, this first revision will consider only potential additions to the list of material third countries.

               (13)

               Subsequent revisions to the list of material third countries will take place using supervisory data with a reference date of the 31 December of each relevant calendar year. Once sufficient data to apply the deletion criteria are available, subsequent revisions will also consider potential deletions from the list of material third countries,

         HAS ADOPTED THIS DECISION:
   Article 1
   Scope
   The Decision defines the ESRB’s procedures for assessing the materiality of third countries for the Union’s banking sector in relation to the recognition and setting of countercyclical buffer rates in accordance with Directive 2013/36/EU.
   Article 2
   Definitions
   For the purposes of this Decision, the following definitions shall apply:

               (a)

               ‘countercyclical buffer rate’ has the same meaning as in Article 128(7) of Directive 2013/36/EU;

               (b)

               ‘exposure’ has the same meaning as in Article 5(1) of Regulation (EU) No 575/2013 of the European Parliament and of the Council (6);

               (c)

               ‘monitoring/monitored by the ESRB Secretariat’ means the governance, maintenance and regular update of a set of indicators and quantitative tools by the ESRB Secretariat to signal potentially excessive credit growth in material third countries;

               (d)

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

         Article 3
   Collection of data
   1.   For the purposes of assessing which third countries are material for the Union’s banking sector and in accordance with Article 15 of Regulation (EU) No 1092/2010, the ESRB Secretariat shall request from the EBA aggregated supervisory data, as provided in Annex I to Implementing Regulation (EU) No 680/2014, collected by the EBA in accordance with Decision EBA/DC/2015/130.
   2.   In assessing whether a third country is material for the Union’s banking sector, the following metrics shall be considered:

               (a)

               risk-weighted exposure amounts;

               (b)

               original exposures; and

               (c)

               defaulted exposures.

         3.   In particular, on a quarterly basis, the following data points of the supervisory data referred to in paragraph 1 shall be collected by the ESRB for each relevant third country:

               (a)

               Template C 09.01: intersection of rows 070, 080, 090, 100, 110, 120, 130, 140, 150, 160, and columns 010, 020 and 080; and

               (b)

               Template C 09.02: intersection of rows 030, 060 and 140, and columns 010, 030 and 110.

         4.   The ESRB Secretariat shall liaise with the EBA as regards the submission of the data points referred to in paragraph 3, and in relation to possible future amendments to the reporting templates.
   Article 4
   Assessment of materiality
   1.   A third country shall be identified as material for the Union’s banking sector, and added to the list of material third countries in the following circumstances:

               (a)

               the arithmetic mean of exposures to the third country in the eight quarters preceding the reference date was at least 1 % for at least one of the metrics listed in Article 3(2); and

               (b)

               the exposures in each of the two quarters preceding the reference date were at least 1 % for at least one of the metrics listed in Article 3(2).

         2.   A country shall be deleted from the list of material third countries where:

               (a)

               the arithmetic mean of exposures to that country in the 12 quarters preceding the reference date was less than 1 % for all metrics listed in Article 3(2); and

               (b)

               the exposures in each of the two quarters preceding the reference date were less than 1 % for all the metrics listed in Article 3(2).

         3.   A third country that is identified as material for the Union’s banking sector on the basis of the criteria set out in paragraph 1 shall be monitored by the ESRB Secretariat.
   4.   The list of material third countries shall be revised annually by the ESRB Secretariat, which shall submit a proposal to the Advisory Technical Committee. This proposal shall be based on supervisory data collected for the 12 quarters preceding 31 December of the relevant calendar year. The proposal shall be submitted to the Advisory Technical Committee by 30 June of the relevant year. The Advisory Technical Committee may exercise its discretion and amend the proposal before submitting it to the General Board for approval, in particular in those cases where the ESRB has issued a recommendation in accordance with Article 138 of Directive 2013/36/EU and the third country subject to that recommendation should be deleted from the list of material third countries.
   5.   The General Board shall adopt a decision on amendments to the list of material third countries based on the proposal of the Advisory Technical Committee. Any amendments to the list of material third countries shall be published on the ESRB’s website.
   Article 5
   Transitional provisions
   1.   The initial list of material third countries, compiled on the basis of reference data for the second quarter of 2014, comprises the Federative Republic of Brazil, the Hong Kong Special Administrative Region of the People’s Republic of China, the People’s Republic of China, the Republic of Turkey, the Russian Federation and the United States of America.
   2.   In the 2017 revision of the list of material third countries using supervisory data with a reference date of 31 December 2016, the criteria set out in Article 4(2) for deleting countries from the list shall not be used.
   Article 6
   Entry into force
   This Decision shall apply from 1 January 2016.

      Done at Frankfurt am Main, 11 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. 338.

      (3)  OJ L 191, 28.6.2014, p. 1.

      (4)  OJ C 394, 27.11.2015, p. 4.

      (5)  Decision EBA/DC/2015/130 of the European Banking Authority of 23 September 2015 on reporting by competent authorities to the EBA, published on the EBA’s website at www.eba.europa.eu.

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


title: 2014/319/EU: Council Decision of 12 May 2014 on the conclusion of the Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Georgia of the other part, on a Framework Agreement between the European Union and Georgia on the general principles for the participation of Georgia in Union programmes

text:
               4.6.2014

               EN

               Official Journal of the European Union

               L 165/16

         COUNCIL DECISION
   of 12 May 2014
   on the conclusion of the Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Georgia of the other part, on a Framework Agreement between the European Union and Georgia on the general principles for the participation of Georgia in Union programmes

      (2014/319/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 212 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,
   Whereas:

               (1)

               The Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Georgia, of the other part, on a Framework Agreement between the European Union and Georgia on the general principles for the participation of Georgia in Union programmes (‘the Protocol’) was signed on behalf of the Union on 12 December 2013.

               (2)

               The objective of the Protocol is to lay down the financial and technical rules enabling Georgia to participate in certain Union programmes. The horizontal framework established by the Protocol constitutes an economic, financial and technical cooperation measure which allows for access to assistance, in particular financial assistance, to be provided by the Union pursuant to the Union programmes. This framework applies only to those Union programmes for which the relevant constitutive legal acts provide for the possibility of Georgia's participation. The conclusion of the Protocol therefore does not entail the exercise of powers under the various sectoral policies pursued by the programmes, which are exercised when establishing the programmes.

               (3)

               The Protocol should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Georgia of the other part, on a Framework Agreement between the European Union and Georgia on the general principles for the participation of Georgia in Union programmes (‘the Protocol’) is hereby approved on behalf of the Union (1).
   Article 2
   The President of the Council shall, on behalf of the Union, give the notification provided for in Article 10 of the Protocol (2).
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 12 May 2014.

            For the Council

            The President

         C. ASHTON

      (1)  The Protocol has been published in OJ L 8, 11.1.2014, p. 3, together with the decision on signature.

      (2)  The date of entry into force of the Protocol will be published in the Official Journal of the European Union by the General Secretariat of the Council.


title: Council Decision 2012/152/CFSP of 15 March 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran

text:
               16.3.2012

               EN

               Official Journal of the European Union

               L 77/18

         COUNCIL DECISION 2012/152/CFSP
   of 15 March 2012
   amending Decision 2010/413/CFSP concerning restrictive measures against Iran
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 26 July 2010, the Council adopted Decision 2010/413/CFSP concerning restrictive measures against Iran (1).

               (2)

               On 23 January 2012, the Council adopted Decision 2012/35/CFSP amending Decision 2010/413/CFSP (2), in response to its serious and deepening concerns over the nature of Iran's nuclear programme.

               (3)

               In this context, the application of targeted financial measures by providers of specialised financial messaging services should be further developed, consistent with Decision 2010/413/CFSP.

               (4)

               Decision 2010/413/CFSP should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   In Article 20 of Decision 2010/413/CFSP, the following paragraph is added:

      ‘12.   Without prejudice to the exemptions provided for in this Article, it shall be prohibited to supply specialised financial messaging services, which are used to exchange financial data, to the persons and entities referred to in paragraph 1.’.

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

      Done at Brussels, 15 March 2012.

            For the Council

            The President

         N. WAMMEN

      (1)  OJ L 195, 27.7.2010, p. 39.

      (2)  OJ L 19, 24.1.2012, p. 22.


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32001D0496

2001/496/CFSP: Council Decision of 25 June 2001 on the rules applicable to national military staff on secondment to the General Secretariat of the Council in order to form the European Union Military Staff

Official Journal L 181 , 04/07/2001 P. 0001 - 0005

Council Decisionof 25 June 2001on the rules applicable to national military staff on secondment to the General Secretariat of the Council in order to form the European Union Military Staff(2001/496/CFSP)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article 28(1) thereof,Having regard to the Treaty establishing the European Community, and in particular Article 207(2) thereof,Whereas:(1) On 22 January 2001 the Council adopted Decision 2001/79/CFSP setting up the Military Committee of the European Union(1).(2) On 22 January 2001 the Council adopted Decision 2001/80/CFSP on the establishment of the Military Staff of the European Union(2).(3) Members of the Military Staff are subject to rules which will be established in a Council Decision.(4) It is therefore appropriate to establish these rules,HAS DECIDED AS FOLLOWS:CHAPTER IGENERAL PROVISIONSArticle 1Definition1. These rules apply to national military staff, hereinafter "military staff", on secondment to the Council General Secretariat, hereinafter "General Secretariat", in accordance with Decision 2001/80/CFSP.2. The persons covered by these rules shall remain in paid employment in an armed force of a Member State of the European Union throughout the period of secondment.3. Military staff on secondment shall be nationals of a Member State of the European Union.Article 2Period of secondment1. Military staff on secondment may be seconded for a maximum of three years. In exceptional cases, and taking account of particular tasks to be performed, the secondment may be extended for a period of up to one year.They shall serve on a full-time basis throughout the period of secondment.2. The probable period of secondment shall be fixed at the outset in the Exchange of Letters mentioned in Article 18(2).3. As a general rule, no military staff may be seconded to the General Secretariat more than once. However, a member of military staff who has already been seconded may be the subject of a fresh secondment measure after at least three years, save in exceptional cases, have elapsed between the end of the prior secondment and the fresh secondment, if conditions justify this and by agreement with the Secretary-General/High Representative.Article 3Duties1. Acting under the authority of the Secretary-General/High Representative, military staff on secondment shall fulfil the mission, carry out the tasks and perform the duties assigned to them in accordance with the Annex to Decision 2001/80/CFSP.2. Unless special instructions to the contrary are given under the authority of the Secretary-General/High Representative, military staff on secondment shall not enter into any commitment on the General Secretariat's behalf with third parties.Article 4Level, professional experience and knowledge of languages1. To qualify for secondment to the General Secretariat, military staff must work at administrative or advisory level and show a high degree of competence for the duties to be carried out.2. Seconded military staff must have a thorough knowledge of one of the languages of the European Union and a satisfactory knowledge of another to the extent necessary to carry out the duties involved.3. The appropriate level of security clearance for seconded military staff, which must not be lower than SECRET, must be stipulated in the Exchange of Letters mentioned in Article 18(2).4. Seconded military staff must have a good knowledge of the use of information technologies.Article 5Social security1. Before the period of secondment begins, the public administration from which a military staff member is to be seconded must certify to the General Secretariat that he will remain subject through the period of secondment to the social security legislation applicable to the public administration which employs him and which will assume responsibility for expenses incurred abroad.2. From the day a seconded military staff member takes up duty, he shall have personal cover against the risk of accidents on the same terms as General Secretariat employees not covered by the Staff Regulations.Article 6Breaks in or termination of periods of secondment1. The Secretary-General/High Representative may authorise breaks in periods of secondment and specify the terms applicable. The allowances referred to in Articles 12 and 13 shall not be payable during such breaks. The allowances referred to in Articles 14 and 15 when applicable shall be paid only if the break is at the Secretary-General/High Representative's request.2. Periods of secondment may be terminated if the interests of the General Secretariat or of the national administration of the seconded military staff member so require or for any other sufficient cause.CHAPTER IIRIGHTS AND OBLIGATIONSArticle 71. A seconded military staff member shall carry out his duties and conduct himself solely with the interests of the Council in mind.2. A seconded military staff member shall abstain from any action, and in particular any public expression of opinion, which may reflect on his position.3. Any seconded military staff member who, in the performance of his duties, is called upon to pronounce on a matter in the handling or outcome of which he has a personal interest such as to impair his independence shall inform the head of the department to which he is assigned.4. A seconded military staff member shall exercise the greatest discretion with regard to all facts and information coming to his knowledge in the course of or in connection with the performance of his duties; he shall not in any form whatsoever disclose to any unauthorised person any document or information not legally made public. He shall continue to be bound by this obligation after his period of secondment has terminated.5. Seconded military staff shall not, whether alone or together with others, publish or cause to be published any text dealing with the work of the European Union without obtaining permission in accordance with the conditions and rules in force at the General Secretariat.6. Seconded military staff shall be subject to the security rules and regulations in force in the General Secretariat.7. All rights in any work done by a seconded military staff member in the performance of his duties shall be the property of the General Secretariat.8. A seconded military staff member shall reside at his place of employment or at no greater distance therefrom than is compatible with the proper performance of his duties.9. A seconded military staff member shall assist and provide advice to the superiors to whom he is assigned. He shall be responsible to them for performance of the tasks entrusted to him.10. A period of secondment may be terminated without notice in serious cases of intentional or negligent failure of a seconded military staff member to comply with his obligations. A decision shall be taken by the Secretary-General/High Representative after the military staff member concerned has been given an opportunity of submitting his defence. Before taking his decision, the Secretary-General/High Representative shall inform the Permanent Representative of the Member State of which the seconded military staff member is a national of that decision. Following the decision, the allowances referred to in Articles 14 and 15 shall not be granted.Before the decision referred to in the first subparagraph, a seconded military staff member may be suspended where serious failure is alleged against him by the Secretary-General/High Representative after the military staff member concerned has been given an opportunity of submitting his defence. The allowances referred to in Articles 12 and 13 shall not be paid during this suspension, which may not exceed three months.The Secretary-General/High Representative may bring to the attention of national authorities any violation by the seconded military staff member of the rules set out or referred to in the present Decision.A seconded military staff member shall continue to be subject to his national disciplinary rules.CHAPTER IIIWORKING CONDITIONSArticle 8Hours of work1. Seconded military staff shall be bound by the rules on hours of work in force at the General Secretariat.2. However, seconded military staff shall not be authorised to work half-time.Article 9Leave and public holidaysSeconded military staff shall be bound by the rules on annual leave, special leave and public holidays in force at the General Secretariat.Article 10Management and controlManagement and control of days of leave and hours of work shall be the responsibility of the administration of the General Secretariat.CHAPTER IVEMOLUMENTSA. RemunerationArticle 11Declaration of salary paid by the employer of the military staff member1. The Permanent Representation of the Member State concerned shall notify the General Secretariat of the gross annual salary paid to each seconded military staff member.2. This information shall appear in the Exchange of Letters referred to in Article 18(2).B. AllowancesArticle 12Subsistence allowances1. A seconded military staff member shall be entitled, throughout the period of secondment, to a daily subsistence allowance of EUR 104,03. This allowance shall be paid monthly. However, the Exchange of Letters referred to in Article 18(2) may stipulate that this allowance shall not be paid.2. The allowance shall also be payable for periods of mission, annual leave, special leave and public holidays granted by the General Secretariat.3. The allowance shall be reduced by 75 % if the place of recruitment is less than 50 km from the place of employment.4. An advance payment shall be made to a seconded military staff member, when he takes up his duties, corresponding to the allowances to which he is entitled under paragraph 1 for the period from the day he takes up his duties to the last day of the second month following that in which he takes up his duties.Where such payment is made, there shall be no further entitlement to allowances for the corresponding period.Where a seconded military staff member definitively ends his employment with the General Secretariat before expiry of the period taken into account for the calculation of the advance payment, that portion of the advance payment made to the military staff member which corresponds to the period not spent in the General Secretariat's employment shall be recoverable.5. The subsistence allowance for seconded military staff may be adapted to take account of the trend in consumer prices in Brussels.Article 13Additional flat-rate allowanceExcept where the place of recruitment of the seconded military staff member is less than 50 km from his place of employment, he shall, where appropriate, receive an additional flat-rate allowance equal to the difference between the gross annual salary (less family allowances) paid by his original employer plus the subsistence allowance paid by the General Secretariat and the basic salary payable to an official in step 1 of Grade A8 or Grade B5, depending on the Category to which he is assimilated. However, the Exchange of Letters referred to in Article 18(2) may stipulate that this flat-rate allowance shall not be paid.C. Reimbursement of expensesArticle 14Travel expenses1. If a seconded military staff member has not removed his personal effects from his place of recruitment to his place of employment, he shall be entitled each month to the cost of a return journey from his place of employment to his place of recruitment. This payment shall be made at the end of each month or on the last day worked if the whole month is not worked. This flat-rate payment shall be based on the cost of the first-class rail fare where the single journey does not exceed 500 kilometres. Where the journey exceeds 500 kilometres or where the usual route includes a sea crossing, payment shall be based on the reduced-price economy-class air fare (the lowest fare offered by the national companies serving the place of recruitment and the place of employment).2. The rate applied shall be that in force on 1 January of the current year at the General Secretariat's Travel Office. This rate shall be reviewed on 1 July in respect of journeys where the price has increased by more than 5 % since 1 January. Where a whole month is not worked, the amount shall be calculated in proportion to the number of days worked.3. If a seconded military staff member does remove his personal effects from his place of recruitment to his place of employment, he shall be entitled each year for himself, his spouse and his dependent children to a flat-rate payment equal to the cost of a return journey from his place of employment to his place of recruitment in accordance with the rules and conditions in force at the General Secretariat.4. In accordance with the rules and conditions in force at the General Secretariat, a seconded military staff member shall be entitled to reimbursement of travel expenses:(a) for himself:- from his place of recruitment to his place of employment at the beginning of the period of secondment,- from his place of employment to his place of recruitment at the end of the period of secondment;(b) for his spouse and dependent children:- from the place of recruitment to the place of employment when removal takes place,- from the place of employment to the place of recruitment at the end of the period of secondment.5. For the purpose of this Decision, the place of recruitment shall be the place where the seconded military staff member performed his duties with his original employer prior to his secondment. The place of employment shall be the place in which the department to which he is assigned is located. The Exchange of Letters referred to in Article 18(2) shall identify these places.6. The Exchange of Letters referred to in Article 18(2) may stipulate that travel expenses shall not be covered by the General Secretariat.Article 15Removal expenses1. A seconded military staff member who is obliged to move his residence to his place of employment may remove his personal effects no later than six months after taking up duty provided that the probable period of secondment is at least two years and that the place of recruitment is at least 50 kilometres from the place of employment.2. A seconded military staff member shall be entitled to reimbursement of the costs of removing his personal effects in accordance with the rules and conditions in force at the General Secretariat.3. At the end of the period of secondment, removal must take place within three months of the end of the period of secondment.4. The Exchange of Letters referred to in Article 18(2) may stipulate that removal expenses shall not be covered by the General Secretariat.Article 16Official travel and related expenses1. Military staff on secondment may be sent on official travel, in accordance with Article 3.2. Official travel expenses shall be reimbursed in accordance with the rules and conditions relating to the reimbursement of such expenses for officials in force at the General Secretariat.Article 17Adjustment of emoluments1. The emoluments provided for in this chapter to which seconded military staff are entitled shall not be revised during the period of secondment.2. However, the additional flat-rate allowance referred to in Article 13 shall be adjusted once a year, without retroactive effect, to take account of changes in the basic salaries of Community officials.CHAPTER VADMINISTRATIVE AND BUDGETARY PROVISIONSArticle 18Budgetary allocations and contracts1. Expenditure arising from the secondment of seconded military staff shall be charged to the Council budget.2. Secondment shall be implemented by an Exchange of Letters between the Secretary-General/High Representative and the Permanent Representative of the Member State concerned. The Exchange of Letters shall indicate the names of the individuals authorised to lay down the practical arrangements for secondment under this Decision and the payment of the allowances referred to in Articles 12, 13, 14 and 15. Any letter extending, breaking or terminating the period of secondment shall also be sent by the Secretary-General/High Representative. A seconded military staff member shall present himself to the appropriate department of the Directorate-General for Administration and Protocol on the first day of his secondment to complete the relevant administrative formalities. In principle, he shall take up duty on the first of the month.Article 19Settlement of expenditurePayments shall be made by the appropriate department of the Directorate-General for Administration and Protocol, in euro into a bank account opened at a banking institution in Belgium.Article 20Expenditure on infrastructureExpenditure on the provision of working facilities (offices, furniture, machines, etc.) for military staff on secondment shall be charged to administrative appropriations of the Council.Article 21This Decision shall take effect on the date of its adoption.Article 22This Decision shall be published in the Official Journal.Done at Luxembourg, 25 June 2001.For the CouncilThe PresidentA. Lindh(1) OJ L 27, 30.1.2001, p. 4.(2) OJ L 27, 30.1.2001, p. 7.


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31994D0001

94/1/EC, ECSC: Decision of the Council and the Commission of 13 December 1993 on the conclusion of the Agreement on the European Economic Area between the European Communities, their Member States and the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation

Official Journal L 001 , 03/01/1994 P. 0001 - 0001 Finnish special edition: Chapter 2 Volume 11 P. 0037  Swedish special edition: Chapter 2 Volume 11 P. 0037

DECISION OF THE COUNCIL AND THE COMMISSIONof 13 December 1993on the  conclusion of the Agreement on the European Economic Area between the European Communities, their  Member States and the Republic of Austria, the Republic of Finland, the Republic of Iceland, the  Principality of Liechtenstein, the Kingdom of Norway, the Kingdom of Sweden and the Swiss  Confederation(94/1/ECSC, EC)THE COUNCIL OF THE EUROPEAN UNION, THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Coal and Steel Community, Having regard to the Treaty establishing the European Community, and in particular Article 238 in  conjunction with Article 228 (3), second subparagraph thereof, Having regard to the assent of the European Parliament  (1), Whereas the Agreement on the European Economic Area between the European Communities, their Member  States and the Republic of Austria, the Republic of Finland, the Republic of Iceland, the  Principality of Liechtenstein, the Kingdom of Norway, the Kingdom of Sweden and the Swiss  Confederation, signed in Oporto on 2 May 1992 should be approved, HAVE DECIDED AS FOLLOWS:Article 1 The Agreement on the European Economic Area  between the European Communities, their Member States and the Republic of Austria, the Republic of  Finland, the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway, the  Kingdom of Sweden and the Swiss Confederation, the Protocols, the Annexes annexed thereto and the  Declarations, the Agreed Minutes and exchanges of letters attached to the Final Act are hereby  approved on behalf of the European Community and the European Coal and Steel Community. The texts of the acts referred to in the first paragraph are attached to this Decision. Article 2 The act of approval provided for in Article 129 of the Agreement shall be deposited by  the President of the Council on behalf of the European Community and by the President of the  Commission on behalf of the European Coal and Steel Community  (2). Done at Brussels, 13 December 1993. For the CouncilThe PresidentPh. MAYSTADTFor the CommissionThe PresidentJ. DELORS  (1)  OJ No C 305, 23. 11. 1992, p. 66.  (2)  See page 606 of this Official Journal.


title: 2005/113/EU: Decision of the Representatives of the Governments of the Member States meeting within the Council of 27 January 2005 giving a discharge to the Secretary-General of the Convention on the Future of the European Union in respect of the implementation for the financial year 2003 of the budget of the Fund set up for the financing of the Convention

text:
               9.2.2005

               EN

               Official Journal of the European Union

               L 36/7

      DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES MEETING WITHIN THE COUNCIL

   of 27 January 2005
   giving a discharge to the Secretary-General of the Convention on the Future of the European Union in respect of the implementation for the financial year 2003 of the budget of the Fund set up for the financing of the Convention
   (2005/113/EU)
   THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES MEETING WITHIN THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Decision 2002/176/EU of the Representatives of the Governments of the Member States, meeting within the Council, of 21 February 2002, setting up a Fund for the financing of the Convention on the Future of the European Union and laying down the financial rules for its management (1), and in particular Article 20 thereof,
   Having regard to the assent of the European Parliament of 14 December 2004 on the discharge to be given to the Secretary-General of the Convention on the Future of the European Union in respect of the implementation for the financial year 2003 of the budget of the Fund set up for the financing of the Convention,
   Having regard to the assent of the Council of 28 June 2004 on the discharge to be given to the Secretary-General of the Convention on the Future of the European Union in respect of the implementation for the financial year 2003 of the budget of the Fund set up for the financing of the Convention,
   Having regard to the assent of the Commission of 19 October 2004 on the discharge to be given to the Secretary-General of the Convention on the Future of the European Union in respect of the implementation for the financial year 2003 of the budget of the Fund set up for the financing of the Convention,
   Having examined the revenue and expenditure account, balance sheet and report by the Court of Auditors, for the financial year 2003 (2), as submitted to them,
   Whereas, according to the revenue and expenditure account for the financial year 2003:

               —

               revenue amounted to EUR 4 088 524

               —

               expenditure disbursed from appropriations amounted to EUR 3 968 149,

         HAVE DECIDED AS FOLLOWS:
   Sole Article
   A discharge is hereby given to the Secretary-General of the Convention on the Future of the European Union in respect of the implementation for the financial year 2003 of the budget of the Fund set up for the financing of the Convention.

      Done at Brussels, 27 January 2005.

            The President

         M. SCHOMMER

      (1)  OJ L 60, 1.3.2002, p. 56.

      (2)  OJ C 157, 14.6.2004, p. 1.


title: 2005/2/: Decision of the Standing Committee of the EFTA States No 2/2005/SC of 28 April 2005 regarding the audit of the financial management of and projects under the Financial Instrument

text:
               30.11.2006

               EN

               Official Journal of the European Union

               L 332/36

      DECISION OF THE STANDING COMMITTEE OF THE EFTA STATES

   No 2/2005/SC
   of 28 April 2005
   regarding the audit of the financial management of and projects under the Financial Instrument
   THE STANDING COMMITTEE OF THE EFTA STATES,
   Having regard to the Agreement on the European Economic Area as adjusted by the Protocol Adjusting the Agreement on the European Economic Area, hereinafter referred to as the EEA Agreement, and Decision of the EEA Joint Committee No 47/2000 of 22 May 2000 establishing an EEA Financial Instrument,
   Having regard to Decision of the Standing Committee of the EFTA States No 1/2000/SC of 2 October 2000 establishing a Financial Instruments Committee,
   Having regard to Decision No 5/2002 of the ESA/Court Committee and Decision of the Council No 2 of 2002 replacing Decision of the Council No 6 and of the ESA/Court Committee of 1998,
   HAS DECIDED AS FOLLOWS:
   Article 1
   The Board of Auditors shall act as supreme authority for the auditing of the financial management of and projects under and the Financial Instrument.
   Article 2
   The EFTA States being party to the EEA Agreement shall each be represented on the Board of Auditors when it carries out audits of the financial management of and/or projects under the Financial Instrument.
   Article 3
   The Board of Auditors shall consist of nationals from the EFTA States party to the EEA Agreement and preferably being members of the supreme audit institutions of the EFTA States. Their independence must be beyond doubt. An official of EFTA may not be appointed auditor until an interval of three years has elapsed since the end of his appointment with any of the EFTA institutions.
   Article 4
   The members of the Board of Auditors that shall audit the financial management of and/or projects under the Financial Instrument shall be appointed by the Standing Committee of the EFTA States. All appointments shall be for a term of four years. A member shall normally be eligible for reappointment once. The Members appointed by the Standing Committee of the EFTA States may be the same persons as those appointed by the ESA/Court Committee on the basis of its Decision No 5/2002.
   Article 5
   The members of the Board of Auditors shall be completely independent in the performance of their duties.
   Article 6
   The cost of an appropriate and proportional audit of the financial management of and/or projects under the Financial Instrument by the Board of Auditors shall be financed from the administrative budget of the Financial Instrument. Based on an according budget proposal from the Board of Auditors, the Standing Committee shall agree on the amount to be granted for this purpose.
   Article 7
   The Board of Auditors may engage external experts to assist it. The external experts must fulfil the same requirements of independence as the members of the Board of Auditors.
   Article 8
   The Board of Auditors shall report to the Standing Committee of the EFTA States regarding the audit of the financial management of and projects under the Financial Instrument. It may submit proposals for action.
   Article 9
   The Board of Auditors shall propose its own rules of procedure concerning the audit of the financial management of and projects under the Financial Instrument and submit them to the Standing Committee of the EFTA States for adoption.
   Article 10
   This Decision shall take immediate effect.
   Article 11
   This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

      Done at Brussels, 28 April 2005.

            For the Standing Committee

            The Chairman

         Amb B. GRYDELAND

            The Secretary-General

         William ROSSIER


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31994D0264

94/264/EC: Council Decision of 26 April 1994 appointing an alternate member of the Committee of the Regions

Official Journal L 114 , 05/05/1994 P. 0019 - 0019 Finnish special edition: Chapter 1 Volume 3 P. 0137  Swedish special edition: Chapter 1 Volume 3 P. 0137

COUNCIL DECISION of 26 April 1994 appointing an alternate member of the Committee of the Regions (94/264/EC)THE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the European Community, and in particular Article 198a thereof,  Having regard to the Council Decision of 26 January 1994 appointing the members and alternate members of the Committee of the Regions for the period 26 January 1994 to 25 January 1998 (1),  Whereas a seat of alternate member on the Committee has become vacant following the resignation of Mr Matteo Graziano, which was brought to the Council's attention on 24 March 1994;  Having regard to the proposal from the Italian Government,  HAS DECIDED AS FOLLOWS:   Sole Article  Mr Giuseppe Firrarello is hereby appointed an alternate member of the Committee of the Regions in place of Mr Matteo Graziano for the remainder of the latter's term of office, which expires on 25 January 1998.  Done at Luxembourg, 26 April 1994.  For the Council The President G. MORAITIS  (1) OJ No L 31, 4. 2. 1994, p. 29.