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32004D0579

2004/579/EC: Council Decision of 29 April 2004 on the conclusion, on behalf of the European Community, of the United Nations Convention Against Transnational Organised Crime

Official Journal L 261 , 06/08/2004 P. 0069 - 0069

 Council Decision  of  29 April 2004  on the conclusion, on behalf of the European Community, of the United Nations Convention Against Transnational Organised Crime (2004/579/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 47, 55, 95 and 179, in conjunction with Articles 300(2) first sentence and 300(3) first subparagraph thereof;

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament(1),

Whereas:

(1) The elements of the Convention which are subject to Community competence were negotiated by the Commission, with the approval of the Council, on behalf of the Community.

(2) The Council instructed the Commission to negotiate the accession of the Community to the Convention in question.

(3) Negotiations were successfully concluded and the resulting instrument has been signed by the Community on  12 December 2000  in accordance with Decision 2001/87/EC(2).

(4) Some Member States are parties to the Convention while the ratification process is under way in other Member States.

(5) The conditions permitting the Community to deposit the instrument of approval provided for in Article 36(3) of the Convention have been fulfilled.

(6) The Convention should be approved to enable the Community to become a party to it within the limits of its competence.

(7) The Community shall, when depositing the instrument of approval, also deposit a declaration on the extent of the European Community's competence with respect to matters governed by the Convention under Article 36(3) thereof,

HAS DECIDED AS FOLLOWS:

Article 1

The United Nations Convention against transnational organised crime is hereby approved on behalf of the Community.

The text of the Convention is set out in Annex I.

Article 2

The President of the Council is authorised to designate the person(s) empowered to deposit the Community's instrument of formal confirmation in order to bind the Community. The instrument of formal confirmation shall comprise a declaration of competence according to Article 36(3) of the Convention, as set out in Annex II. It shall also contain a Statement as set out in Annex III.

Article 3

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

Done at Luxembourg,  29 April 2004 .

 For the Council

 The President

M. Mc Dowell

(1) Opinion delivered on  13 January 2004  (not yet published in the Official Journal).

(2) OJ L 30, 1.2.2001, p. 44.


title: Council Decision (EU) 2017/165 of 27 January 2017 appointing a member and twelve alternate members, proposed by the Republic of France of the Committee of the Regions

text:
               1.2.2017

               EN

               Official Journal of the European Union

               L 27/121

         COUNCIL DECISION (EU) 2017/165
   of 27 January 2017
   appointing a member and twelve alternate members, proposed by the Republic of France of the Committee of the Regions
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the French Government,
   Whereas:

               (1)

               On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.

               (2)

               One member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Laurent BEAUVAIS.

               (3)

               Eleven alternate members' seats on the Committee of the Regions have become vacant following the end of the terms of office of Ms Josette BOREL-LINCERTIN, Ms Nathalie COLIN-OESTERLE, Ms Marie-Marguerite DUFAY, Mr Daniel DUGLERY, Mr Nicolas FLORIAN, Ms Karine GLOANEC-MAURIN, Mr Hervé HOCQUARD, Mr Jean-Louis JOSEPH, Mr Daniel PERCHERON, Mr Christophe ROSSIGNOL and Mr Michel VAUZELLE.

               (4)

               One alternate member's seat on the Committee of the Regions has become vacant following the end of the mandate on the basis of which Mr Guillaume CROS (Conseiller régional de Midi-Pyrénées) was proposed,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:

               (a)

               as a member:

                           —

                           Mr Gérard LAHELLEC, Vice-président du Conseil régional de Bretagne;

               (b)

               as alternate members:

                           —

                           Mr Patrick AYACHE, Vice-président du Conseil régional de Bourgogne-Franche-Comté,

                           —

                           Mr Frank CECCONI, Conseiller régional du Conseil régional d'Ile de France,

                           —

                           Ms Yolaine COSTES, Vice-présidente du Conseil régional de La Réunion,

                           —

                           Mr Guillaume CROS, Vice-président du Conseil régional d'Occitanie (change of mandate),

                           —

                           Mr Harold HUWART, Vice-président du Conseil régional du Centre-Val de Loire,

                           —

                           Ms Valérie LETARD, Vice-présidente du Conseil régional des Hauts-de-France,

                           —

                           Ms Marie-Luce PENCHARD, Vice-présidente du Conseil régional de Guadeloupe,

                           —

                           Mr Jean-Jack QUEYRANNE, Conseiller régional du Conseil régional d'Auvergne-Rhône-Alpes,

                           —

                           Ms Agnès RAMPAL, Conseillère régionale du Conseil régional de Provence-Alpes-Côte d'Azur,

                           —

                           Mr Gilles SIMEONI, Président du Conseil exécutif de la Collectivité territoriale de Corse,

                           —

                           Ms Sandra TORRES, Conseillère régionale du Conseil régional de Provence-Alpes-Côte d'Azur,

                           —

                           Mr Patrice VOIR, Conseiller régional du Conseil régional d'Auvergne-Rhône-Alpes.

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

      Done at Brussels, 27 January 2017.

            For the Council

            The President

         E. SCICLUNA

      (1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

      (2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

      (3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).


Avis juridique important

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32003D0840

2003/840/EC: Council Decision of 17 November 2003 relating to the conclusion on behalf of the European Community of Council of Europe Convention No 180 on information and legal cooperation on information society services

Official Journal L 321 , 06/12/2003 P. 0041 - 0042

Council Decisionof 17 November 2003relating to the conclusion on behalf of the European Community of Council of Europe Convention No 180 on information and legal cooperation on information society services(2003/840/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with Article 300(2), first subparagraph, thereof,Having regard to the proposal from the Commission,Whereas:(1) Council of Europe Convention No 180 on information and legal cooperation on information society services (Convention) sets up an international system of prior notification and administrative cooperation specifically aimed at information society services.(2) As information society services are provided at a distance, by electronic means and at the individual request of a recipient of services (according to the definition set out in Article 2 of the Convention) they are services which are provided without requiring physical travel by either the service provider or the recipient. For this reason, they are subject to the common commercial policy and fall under the exclusive competence of the European Community, pursuant to Opinion 1/94 of the Court of Justice of the European Communities, regarding the World Trade Organisation(1).(3) Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services(2), operational since 1999, has been an extremely positive experience as a mechanism for prior information and administrative dialogue in the field of on-line services.(4) A similar international mechanism should be quickly established within the Council of Europe, in which it is in the Community's direct interest to participate. Such a mechanism would allow it to be regularly informed about regulatory initiatives being prepared in other countries and then, if appropriate, to express its observations on drafts which could have grave legal and economic implications in the context of on-line activities.(5) In practice, such participation would be based on the operational mechanism set up in 1983 by Directive 83/189/EEC, later repealed and replaced by Directive 98/34/EC, and would, in particular, avoid any additional notification burden on Member States over and above that already incumbent on them by virtue of Directive 98/34/EC.(6) The Convention should be approved,HAS DECIDED AS FOLLOWS:Article 1Council of Europe Convention No 180 on information and legal cooperation on information society services is hereby approved on behalf of the Community.The text of the Convention is annexed to this Decision(3).Article 2The President of the Council is hereby authorised to designate the person(s) empowered to sign the Convention in order to bind the Community.Article 3This Decision will be published in the Official Journal of the European Union.Done at Brussels, 17 November 2003.For the CouncilThe PresidentG. Alemanno(1) Opinion of the Court of 15 November 1994, [1994] ECR, p. I-5267.(2) OJ L 204, 21.7.1998, p. 37. Directive as amended by Directive 98/48/EC of the European Parliament and of the Council (OJ L 217, 5.8.1998, p. 18).(3) The text of the Convention as concluded, exists in English and French, both texts being equally authentic.


title: Council Decision (EU) 2015/1292 of 20 July 2015 on the conclusion, on behalf of the European Union and its Member States, of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part, to take account of the accession of the Republic of Croatia to the European Union

text:
               29.7.2015

               EN

               Official Journal of the European Union

               L 199/1

         COUNCIL DECISION (EU) 2015/1292
   of 20 July 2015
   on the conclusion, on behalf of the European Union and its Member States, of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part, to take account of the accession of the Republic of Croatia to the European Union
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217, in conjunction with point (a)(i) of the second subparagraph of Article 218(6) and the second subparagraph of Article 218(8), thereof,
   Having regard to the Act of Accession of Croatia, and in particular the second subparagraph of Article 6(2) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               In accordance with Council Decision 2014/517/EU (1), the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part, to take account of the accession of the Republic of Croatia to the European Union (2) (the ‘Protocol’), has been signed, subject to its conclusion.

               (2)

               The conclusion of the Protocol is subject to a separate procedure as regards matters falling within the competence of the European Atomic Energy Community.

               (3)

               The Protocol should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part, to take account of the accession of the Republic of Croatia to the European Union is hereby approved on behalf of the Union and its Member States.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to deposit, on behalf of the Union and its Member States, the instruments of approval provided for in Article 13(2) of the Protocol.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 20 July 2015.

            For the Council

            The President

         F. MOGHERINI

      (1)  Council Decision 2014/517/EU of 14 April 2014 on the signing, on behalf of the European Union and its Member States, and provisional application of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part, to take account of the accession of the Republic of Croatia to the European Union (OJ L 233, 6.8.2014, p. 1).

      (2)  OJ L 233, 6.8.2014, p. 3.


Avis juridique important

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32003D0520

2003/520/EC: Council Decision of 16 June 2003 concluding the Agreement between the European Community and the Government of Japan concerning cooperation on anti-competitive activities

Official Journal 183 , 22/07/2003 P. 0011 - 0011

Council Decisionof 16 June 2003concluding the Agreement between the European Community and the Government of Japan concerning cooperation on anti-competitive activities(2003/520/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Articles 83 and 308, in conjunction with the first subparagraph of Article 300(3) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Whereas:(1) Given the increasingly pronounced international dimension to competition problems, international cooperation in this field should be strengthened.(2) The sound and effective enforcement of competition laws is a matter of importance to the efficient operation of the markets and to international trade.(3) Elaboration of the principles of positive comity in international law and implementation of those principles in the enforcement of the competition laws of the European Community and Japan are likely to increase the effectiveness in their application.(4) To this end, the Commission has negotiated an Agreement with Japan regarding the application of the competition rules of the European Community and Japan.(5) Article 308 of the Treaty must be invoked owing to the inclusion in the text of the Agreement of mergers and acquisitions which are covered by Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings(3), which in turn is essentially based on Article 308.(6) The Agreement should be approved,HAS DECIDED AS FOLLOWS:Article 1The Agreement between the European Community and the Government of Japan concerning cooperation on anti-competitive activities is hereby approved on behalf of the European CommunityThe text of the Agreement is attached to this Decision.Article 2The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the European Community(4).Done at Luxembourg, 16 June 2003.For the CouncilThe PresidentG. Papandreou(1) Proposal of 8 May 2002 (not yet published in the Official Journal).(2) Opinion of 3 July 2002 (not yet published in the Official Journal).(3) OJ L 395, 30.12.1989, p. 1 (Corrigendum: OJ L 257, 21.9.1990, p. 13), as amended by Council Regulation (EC) No 1310/97 (OJ L 180, 9.7.1997, p. 1).(4) In accordance with Article 12(1), this Agreement will enter into force on 9 August 2003.


title: Exercise of implementing powers conferred on the Commission #European Parliament decision of 8 May 2008 on the conclusion of an interinstitutional agreement between the European Parliament and the Commission on procedures for implementing Council Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission, as amended by Decision 2006/512/EC (C6-0009/2008 — 2008/2002(ACI))

text:
               12.11.2009

               EN

               Official Journal of the European Union

               CE 271/70

         Thursday 8 May 2008Exercise of implementing powers conferred on the Commission
   P6_TA(2008)0189
   European Parliament decision of 8 May 2008 on the conclusion of an interinstitutional agreement between the European Parliament and the Commission on procedures for implementing Council Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission, as amended by Decision 2006/512/EC (C6-0009/2008 — 2008/2002(ACI))
   2009/C 271 E/09

      The European Parliament,
   having regard to the letter from its President of 27 March 2008 transmitting the interinstitutional agreement as approved by the Conference of Presidents on 12 December 2007,
   having regard to Article 202 of the EC Treaty,
   having regard to Council Decision 2006/512/EC of 17 July 2006 amending Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission (1),
   having regard to the draft agreement between the European Parliament and the Commission on procedures for implementing Council Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission, as amended by Decision 2006/512/EC (hereinafter referred to as ‘the Agreement’),
   having regard to Rules 81 and 120(1) of its Rules of Procedure,
   having regard to the report of the Committee on Constitutional Affairs (A6-0107/2008),

               A.

               whereas certain provisions of the Agreement between the European Parliament and the Commission on procedures for implementing Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (2) (‘the 2000 Agreement’) have unfortunately been disregarded by the Commission, for example the provision that Parliament is to receive, at the same time as the members of the committee and on the same terms, the various comitology documents, inasmuch as those documents are almost always sent to Parliament too late and, in any case, not at the same time as to the members of the committee,

               B.

               whereas the procedures for implementing Council Decision 1999/468/EC were highly unsatisfactory and, with the exception of the procedures for the new regulatory procedure with scrutiny, still are, due inter alia to the way in which the comitology database has operated; whereas documents are often sent in bits and pieces and without a clear explanation of their status, and sometimes under misleading headings, e.g. draft implementing measures that have not yet been voted on in committee are sent under the heading ‘right to scrutiny’, when they should be sent under the heading ‘right to information’, which makes it unclear which deadlines apply,

               C.

               whereas this problem, in practice, reduces still further Parliament's already very limited control over comitology matters,

               D.

               whereas the Commission has now undertaken to establish an electronic register containing all documents forwarded to Parliament, to which Parliament is to have direct access, which will enable a clear identification of the documents covered by the same procedure, an indication of the stage reached in the procedure and the timetable, a clear distinction between the draft measures received by Parliament and the final draft following the committee's opinion, and a clear identification of any modification in comparison to documents already forwarded to Parliament,

               E.

               whereas the Agreement is of great practical significance not only in relation to the new regulatory procedure with scrutiny, but for all comitology procedures; whereas the Agreement may set a precedent for future interinstitutional agreements with similar objectives,

               F.

               whereas, although the Agreement is to apply for a brief transitional period, the experience gained during that transitional period could be highly instructive, and whereas its aim is to ensure that, after the Lisbon Treaty enters into force, every comitology procedure between the three institutions functions satisfactorily,

               1.

               Emphasises that, when applicable, reference to the regulatory procedure with scrutiny is obligatory for all three institutions and is not subject to bargaining or negotiation; calls on the Council, the Commission and all parliamentary committees to take this circumstance duly into account in all relevant legislative procedures;

               2.

               Recalls that the regulatory procedure with scrutiny is to be applied in relation to all measures of general scope which seek to amend non-essential elements of a basic instrument adopted in accordance with the procedure referred to in Article 251 of the Treaty, inter alia by deleting some of those elements or by supplementing the instrument by the addition of new non-essential elements;

               3.

               Calls on the Council and the Commission, in the case of grey areas where it may be unclear whether the new regulatory procedure with scrutiny, or another comitology procedure, is to apply, to apply the new regulatory procedure with scrutiny;

               4.

               Stresses that the sole purpose of the new regulatory procedure with scrutiny is to strengthen Parliament's right of control, and that it in no way changes the scope of implementing powers that can be conferred on the Commission;

               5.

               Is of the opinion that the Agreement represents a step in the right direction as far as Parliament's rights and powers with regard to delegated legislation are concerned;

               6.

               Welcomes the fact that the Agreement defines more precisely the Commission's obligation to inform Parliament under Article 7(3) of Decision 1999/468/EC by stipulating that Parliament is to be informed of the proceedings of the committees in accordance with arrangements which ensure that the transmission system is transparent and efficient and that the information forwarded and the various stages of the procedure are identified;

               7.

               Expects that the Commission will fully adhere to all provisions of the Agreement, which is unfortunately not the case as regards the 2000 Agreement;

               8.

               Calls for a consistently high standard of summary records, with attendance lists that indicate, at the very least, the names of the people who attended the meeting in question, their affiliation and their e-mail addresses;

               9.

               Points out that effective operation of the new register will be the decisive element with regard to full and satisfactory implementation of the Agreement and, therefore, eagerly awaits its being put into practice; recommends that, after the transitional period, Parliament and the Commission undertake a review of the new register and correct any practical difficulties and faults which may emerge; recommends that Parliament obtain information about the functioning of the register from the parties concerned during the initial period;

               10.

               Expressly welcomes the new provisions whereby the register is to clearly identify the status of all comitology documents received, any possible link with other documents already forwarded and any changes that have been made;

               11.

               Calls on the Commission in this context to change its internal procedures in order to ensure that a distinction is made between, on the one hand, draft measures which must be sent to Parliament under its right to information at the same time as to the relevant committee and, on the other hand, draft measures which must be sent to Parliament so as to enable it to exercise its right of scrutiny;

               12.

               Welcomes the introduction of an ‘early warning system’ whereby Parliament is informed as soon as becomes apparent that urgent draft implementing measures are going to be submitted to a committee, but insists that this must not be used to turn non-urgent matters into urgent ones, as curtailed time-limits may apply only in duly substantiated, exceptional cases;

               13.

               Points out that, in order to exercise its right of scrutiny on the basis of adequate information, Parliament needs to be regularly provided with all the background documentation explaining why the Commission is proposing certain measures; welcomes the Commission's readiness to assist Parliament in order to ensure full cooperation when dealing with specific implementing measures, and therefore calls on the Commission to submit to Parliament, upon request, any background document that relates to the draft implementing measure;

               14.

               Does not share the Commission's view that draft implementing measures submitted to it are not to be made public until the vote in the committee, and insists on its right to consult whomsoever it may wish in relation to any draft measures; calls on the Commission to reconsider its view and to make all draft implementing measures public as soon as they are formally proposed;

               15.

               Approves conclusion of the Agreement and expects its full implementation without delay after its approval;

               16.

               Decides to annex the Agreement to its Rules of Procedure, replacing Annex XII thereof;

               17.

               Instructs its President to forward this decision and its annex, for information, to the Council, the Commission, and the parliaments of the Member States.

      (1)  OJ L 200, 22.7.2006, p. 11.

      (2)  OJ L 256, 10.10.2000, p. 19.

      Thursday 8 May 2008ANNEX
      EUROPEAN PARLIAMENT
      COMMISSION
      AGREEMENT BETWEEN THE EUROPEAN PARLIAMENT AND THE COMMISSION ON PROCEDURES FOR IMPLEMENTING COUNCIL DECISION 1999/468/EC LAYING DOWN THE PROCEDURES FOR THE EXERCISE OF IMPLEMENTING POWERS CONFERRED ON THE COMMISSION, AS AMENDED BY DECISION 2006/512/EC

         Information to the European Parliament

                  1.

                  Pursuant to Article 7(3) of Decision 1999/468/EC (1), the European Parliament is to be informed by the Commission on a regular basis of proceedings of committees (2) in accordance with arrangements which ensure that the transmission system is transparent and efficient and that the information forwarded and the various stages of the procedure are identified. To that end, it is to receive, at the same time as the members of the committees and on the same terms, the draft agendas for committee meetings, the draft implementing measures submitted to those committees pursuant to basic instruments adopted in accordance with the procedure provided for by Article 251 of the Treaty, the results of voting, summary records of the meetings and lists of the authorities to which the persons designated by the Member States to represent them belong.

         Register

                  2.

                  The Commission will establish a register containing all documents forwarded to the European Parliament (3). The European Parliament will have direct access to this register. In accordance with Article 7(5) of Decision 1999/468/EC, references of all documents transmitted to the European Parliament will be made public.

                  3.

                  In accordance with the undertakings given by the Commission in its statement on Article 7(3) of Decision 1999/468/EC (4), and once the appropriate technical arrangements have been made, the register provided for in paragraph 2 will enable, in particular:

                              —

                              a clear identification of the documents covered by the same procedure and of any changes to the implementing measure at each stage of the procedure;

                              —

                              an indication of the stage of the procedure and the timetable;

                              —

                              a clear distinction between the draft measures received by the European Parliament at the same time as the committee members in accordance with the right to information and the final draft following the committee's opinion that is forwarded to the European Parliament;

                              —

                              a clear identification of any modification in comparison to documents already forwarded to the European Parliament.

                  4.

                  When, after a transitional period starting from the entry into force of this Agreement, the European Parliament and the Commission conclude that the system is operational and satisfactory, the transmission of documents to the European Parliament shall be made by electronic notification with a link to the register provided for in paragraph 2. This decision shall be taken through an exchange of letters between the presidents of both institutions. During the transitional period, the documents will be forwarded to the European Parliament as an attachment to an electronic mail.

                  5.

                  Furthermore, the Commission agrees to forward to the European Parliament, for information and at the request of the parliamentary committee responsible, specific draft measures implementing basic instruments which, although not adopted in accordance with the procedure provided for by Article 251 of the Treaty, are of particular importance to the European Parliament. These measures shall be entered in the register provided for in paragraph 2 with a notification thereof to the European Parliament.

                  6.

                  In addition to the summary records referred to in paragraph 1, the European Parliament may request access to minutes of committee meetings (5). The Commission will examine each request, on a case by case basis, under the confidentiality rules set out in Annex 1 to the Framework Agreement on relations between the European Parliament and the Commission (6).

         Confidential documents

                  7.

                  Confidential documents will be processed in accordance with internal administrative procedures drawn up by each institution with a view to providing all the requisite guarantees.

         European Parliament resolutions under Article 8 of Decision 1999/468/EC

                  8.

                  Pursuant to Article 8 of Decision 1999/468/EC, the European Parliament may indicate, in a resolution setting out the grounds on which it is based, that draft measures implementing a basic instrument adopted in accordance with the procedure provided for by Article 251 of the Treaty would exceed the implementing powers provided for in that basic instrument.

                  9.

                  The European Parliament is to adopt such resolutions in accordance with its Rules of Procedure; it is to have a period of one month in which to do so, beginning on the date of receipt of the final draft of the implementing measures in the language versions submitted to the members of the committee concerned.

                  10.

                  The European Parliament and the Commission agree that it is appropriate to establish a shorter time limit on a permanent basis for some types of urgent implementing measures on which a decision must be taken within a shorter period of time in the interests of sound management. This applies in particular to some types of measure relating to external action, including humanitarian and emergency aid, to health and safety protection, to transport security and safety and to exemptions from public procurement rules. An agreement between the Member of the Commission and the Chair of the parliamentary committee responsible will lay down the types of measure concerned and the applicable time limits. Such an agreement may be revoked at any time by either side.

                  11.

                  Without prejudice to the cases referred to in paragraph 10, the time limit will be shorter in urgent cases and in the case of measures relating to day-to-day administrative matters and/or having a limited period of validity. That time limit may be very short in extremely urgent cases, in particular on public health grounds. The Member of the Commission responsible is to set the appropriate time limit and to state the reason for that time limit. The European Parliament may in such cases use a procedure whereby application of Article 8 of Decision 1999/468/EC is delegated to the parliamentary committee responsible, which may send a response to the Commission within the relevant time limit.

                  12.

                  As soon as the Commission's services foresee that draft measures covered by paragraphs 10 and 11 might have to be submitted to a committee, they will informally warn the secretariat of the parliamentary committee or committees responsible thereof. As soon as initial draft measures have been submitted to the members of the committee, the Commission's services will notify the secretariat of the parliamentary committee or committees of their urgency and of the time limits that will apply once the final draft has been submitted.

                  13.

                  Following the adoption by the European Parliament of a resolution as referred to in paragraph 8 or a response as referred to in paragraph 11, the Member of the Commission responsible is to inform the European Parliament or, where appropriate, the parliamentary committee responsible of the action the Commission intends to take thereon.

                  14.

                  Data pursuant to paragraphs 10 to 13 will be entered in the register.

         Regulatory procedure with scrutiny

                  15.

                  Where the regulatory procedure with scrutiny applies, and following the vote in the committee, the Commission will inform the European Parliament of the applicable time limits. Subject to paragraph 16, these time limits will start to run only once the European Parliament has received all language versions.

                  16.

                  Where shorter time limits apply (Article 5a(5)(b) of Decision 1999/468/EC) and in cases of urgency (Article 5a(6) of Decision 1999/468/EC), the time limits shall start to run from the date of receipt by the European Parliament of the final draft implementing measures in the language versions submitted to the members of the committee, unless the Chair of the parliamentary committee objects. In any event, the Commission will endeavour to forward all language versions to the European Parliament as soon as possible. As soon as the Commission's services foresee that draft measures covered by Article 5a(5)(b) or (6) might have to be submitted to a committee, they will informally warn the secretariat of the parliamentary committee or committees responsible thereof.

         Financial services

                  17.

                  In accordance with its statement on Article 7(3) of Decision 1999/468/EC, in respect of financial services the Commission undertakes to:

                              —

                              ensure that the Commission official chairing a committee meeting informs the European Parliament, at its request, after each meeting, of any discussions concerning draft implementing measures that have been submitted to that committee;

                              —

                              give an oral or written reply to any questions regarding discussions concerning draft implementing measures submitted to a committee.

                        Finally, the Commission will ensure that the undertakings made at Parliament's plenary sitting of 5 February 2002 (7) and restated at its plenary sitting of 31 March 2004 (8) and those referred to in points 1 to 7 of the letter of 2 October 2001 (9) from Commissioner Bolkestein to the Chairman of the European Parliament's Committee on Economic and Monetary Affairs are honoured in respect of the entire financial services sector (including securities, banks, insurance, pensions and accounting).

         Calendar of parliamentary work

                  18.

                  Except where shorter time limits apply or in cases of urgency, the Commission will take into account, when transmitting draft implementing measures under this Agreement, the European Parliament's periods of recess (winter, summer and European elections), in order to ensure that Parliament is able to exercise its prerogatives within the time limits laid down in Decision 1999/468/EC and this Agreement.

         Cooperation between the European Parliament and the Commission

                  19.

                  The two institutions express their readiness to assist each other in order to ensure full cooperation when dealing with specific implementing measures. To this effect, appropriate contacts at administrative level will be established.

         Preceding agreements

                  20.

                  The 2000 Agreement between the European Parliament and the Commission on procedures for implementing Council Decision 1999/468/EC (10) is hereby replaced. The European Parliament and the Commission consider the following agreements superseded and thus of no effect in so far as they are concerned: the 1988 Plumb/Delors Agreement, the 1996 Samland/Williamson Agreement and the 1994 modus vivendi
                      (11).

         (1)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

         (2)  Throughout this Agreement, the word ‘committee’ shall be taken to refer to committees established in accordance with Decision 1999/468/EC, except where it is specified that another committee is referred to.

         (3)  The target date for the establishment of the register is 31 March 2008.

         (4)  OJ C 171, 22.7.2006, p. 21.

         (5)  See the judgment of the Court of First Instance of the European Communities of 19 July 1999 in Case T-188/97 Rothmans v Commission [1999] ECR II-2463.

         (6)  OJ C 177 E, 18.5.2006, p. 123.

         (7)  OJ C 284 E, 21.11.2002, p. 19.

         (8)  OJ C 103 E, 29.4.2004, p. 446 and Verbatim Report of Proceedings (CRE) for Parliament's plenary sitting of 31 March 2004, under ‘Vote’.

         (9)  OJ C 284 E, 21.11.2002, p. 83.

         (10)  OJ L 256, 10.10.2000, p. 19.

         (11)  OJ C 102, 4.4.1996, p. 1.


DECISION NO. 45 OF 28 NOVEMBER 1963 CONCERNING THE GRANTING OF PROSTHESES, MAJOR APPLIANCES AND OTHER IMPORTANT BENEFITS IN KIND


title: 2010/803/EU: Decision taken by common accord between the Representatives of the Governments of the Member States of 10 December 2010 on the location of the seat of the European GNSS Agency

text:
               28.12.2010

               EN

               Official Journal of the European Union

               L 342/15

         DECISION TAKEN BY COMMON ACCORD BETWEEN THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
   of 10 December 2010
   on the location of the seat of the European GNSS Agency
   (2010/803/EU)
   THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES,
   Having regard to Article 341 of the Treaty on the Functioning of the European Union,
   Whereas:

               (1)

               Regulation (EU) No 912/2010 of the European Parliament and of the Council of 22 September 2010 setting up the European GNSS Agency, repealing Council Regulation (EC) No 1321/2004 on the establishment of structures for the management of European satellite navigation programmes and amending Regulation (EC) No 683/2008 (1) established the European GNSS Agency.

               (2)

               The location of the seat of the European GNSS Agency should be determined,

         HAVE ADOPTED THIS DECISION:
   Article 1
   The European GNSS Agency shall have its seat in Prague.
   Article 2
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 10 December 2010.

            The President

         V. VAN QUICKENBORNE

      (1)  OJ L 276, 20.10.2010, p. 11.


title: 2013/645/EU: Decision of the European Central Bank of 26 September 2013 on additional measures relating to Eurosystem refinancing operations and eligibility of collateral (ECB/2013/35)

text:
               12.11.2013

               EN

               Official Journal of the European Union

               L 301/6

         DECISION OF THE EUROPEAN CENTRAL BANK
   of 26 September 2013
   on additional measures relating to Eurosystem refinancing operations and eligibility of collateral
   (ECB/2013/35)
   (2013/645/EU)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first indent of Article 127(2) thereof,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular the first indent of Article 3.1, Article 12.1, Article 14.3 and Article 18.2 thereof,
   Having regard to Guideline ECB/2011/14 of 20 September 2011 on monetary policy instruments and procedures of the Eurosystem (1) and Decision ECB/2013/6 of 20 March 2013 on the rules concerning the use as collateral for Eurosystem monetary policy operations of own-use uncovered government-guaranteed bank bonds (2),
   Whereas:

               (1)

               Pursuant to Article 18.1 of the Statute of the European System of Central Banks and of the European Central Bank, the European Central Bank (ECB) and the national central banks of Member States whose currency is the euro (hereinafter the ‘NCBs’) may conduct credit operations with credit institutions and other market participants, with lending being based on adequate collateral. The standard conditions under which the ECB and the NCBs stand ready to enter into credit operations, including the criteria determining the eligibility of collateral for the purposes of Eurosystem credit operations, are laid down in Annex I to Guideline ECB/2011/14 and Decision ECB/2013/6.

               (2)

               Guideline ECB/2013/4 of 20 March 2013 on additional temporary measures relating to Eurosystem refinancing operations and eligibility of collateral and amending Guideline ECB/2007/9 (3) and Decision ECB/2013/22 of 5 July 2013 on temporary measures relating to the eligibility of marketable debt instruments issued or fully guaranteed by the Republic of Cyprus (4), established additional temporary measures relating to the eligibility of collateral for the Eurosystem credit operations.

               (3)

               Pursuant to Section 1.6 of Annex I to Guideline ECB/2011/14, the Governing Council may, at any time, change the instruments, conditions, criteria and procedures for the execution of Eurosystem monetary policy operations.

               (4)

               On 17 July 2013, the Governing Council decided to further strengthen its risk control framework, by adjusting the eligibility criteria and haircuts applied to collateral accepted in Eurosystem monetary policy operations and adopting certain additional measures to improve the overall consistency of the framework and its practical implementation.

               (5)

               The decisions mentioned in Recital 4 should be laid down in an ECB Decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   Changes and additions to certain provisions of Guideline ECB/2011/14
   1.   The rules for the conduct of Eurosystem monetary policy operations and the eligibility criteria for collateral laid down in this Decision shall apply in conjunction with other Eurosystem legal acts related to the monetary policy instruments and procedures of the Eurosystem and, in particular, Guideline ECB/2011/14.
   2.   In the event of any discrepancy between this Decision and Guideline ECB/2011/14 and/or any measures implementing them at national level, this Decision shall prevail. The NCBs shall continue to apply all provisions of Guideline ECB/2011/14 unaltered unless otherwise provided for in this Decision.
   Article 2
   Information requests
   1.   As part of the monetary policy framework referred to in Chapter 1 of Annex I to Guideline ECB/2011/14, the Eurosystem reserves the right to request and obtain any relevant information needed to carry out its tasks and achieve its objectives in relation to monetary policy operations.
   2.   This right is without prejudice to any other existing specific rights of the Eurosystem to request information related to monetary policy operations.
   Article 3
   Common eligibility criteria for marketable assets
   1.   The following paragraphs shall be read in conjunction with the Eurosystem common eligibility requirements for marketable assets mentioned in Section 6.2.1.1(1) of Annex I to Guideline ECB/2011/14 and the risk control measures for marketable assets mentioned in Section 6.4.2 of Annex I to Guideline ECB/2011/14.
   2.   Each eligible debt instrument shall have:

               (a)

                           (i)

                           a fixed, unconditional principal amount (5); or

                           (ii)

                           an unconditional principal amount that is linked on a flat basis to only one euro area inflation index at a single point in time, containing no other complex structures (6); and

               (b)

                           (i)

                           fixed, zero or multi-step coupons with a predefined coupon schedule and predefined coupon values that cannot result in a negative cash flow; or

                           (ii)

                           a floating coupon that cannot result in a negative cash flow and has the following structure: coupon rate = (reference rate * l) ± x, with f ≤ coupon rate ≤ c, where:

                                       1.

                                       reference rate is only one of the following at a single point in time:

                                                   (a)

                                                   a euro money market rate (e.g. EURIBOR, LIBOR) or similar indices;

                                                   (b)

                                                   a constant maturity swap rate (e.g. CMS, EIISDA, EUSA);

                                                   (c)

                                                   the yield of one or an index of several euro area government bonds that have a maturity of one year or less; or

                                                   (d)

                                                   a euro area inflation index provided by Eurostat or a national statistical authority of a Member State (e.g. HICP);

                                             and it must be the same reference rate as under (a)(ii) above in case the repayment of the principal is linked to a reference rate; and

                                       2.

                                       f (floor), c (ceiling), l (leveraging/deleveraging factor) and x (margin) are, if present, numbers that are fixed and predefined at issuance, which may change over time, where f, c, and x are greater than or equal to zero and l is greater than zero throughout the entire lifetime of the asset. For floating coupons with an inflation index reference rate, l shall be equal to one.

         3.   All structures not included in paragraph 2 are ineligible. Hence, the list of excluded coupon structures of the second subparagraph of Section 6.2.1.1(1) of Annex I to Guideline ECB/2011/14 shall be deemed inapplicable. Assets that were on the list of eligible assets on the date of entry into force of this Decision and that become ineligible because of paragraph 2 will remain eligible for 12 months from the date of entry into force of this Decision.
   4.   The eligibility assessment of an asset as regards its coupon structure, in the event that the coupon is of a multi-step type — either fixed or floating — shall be based on the entire lifetime of the asset with both a forward and backward-looking perspective.
   5.   Eligible coupons shall have no issuer optionalities, i.e. they shall not allow changes in the coupon structure during the entire lifetime of the asset, based on a forward and backward-looking perspective, that are contingent on an issuer’s decision.
   6.   The second paragraph of Section 6.7 of Annex I to Guideline ECB/2011/14 shall cease to apply.
   Article 4
   Additional eligibility criterion for commercial-mortgage backed securities
   Without prejudice to the eligibility criteria of Section 6.2.1.1.2 of Annex I to Guideline ECB/2011/14, the cash-flow generating assets backing commercial-mortgage backed securities shall not contain loans which are at any time, structured, syndicated or leveraged. For the purposes of this Article, the terms ‘structured loan’, ‘syndicated loan’ and ‘leveraged loan’ shall have the meanings given to them in points 4 to 6 of Article 3(6) of Guideline ECB/2013/4.
   Article 5
   Specific eligibility criteria for covered bonds
   1.   The following paragraphs shall be read in conjunction with the additional eligibility criteria for covered bonds specified in Section 6.2.1.1.3 of Annex I to Guideline ECB/2011/14.
   2.   For the purposes of Section 6.2.1.1.3(b) of Annex I to Guideline ECB/2011/14, an entity is considered to be part of a consolidated group or affiliated to the same central body if there are close links between the entities involved as described in Section 6.2.3.2. The common group membership or affiliation is to be determined at the time the senior units of the asset-backed security are transferred into the cover pool of the covered bond, in line with Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions (7).
   3.   Covered bonds which were on the list of eligible assets on 30 March 2013 shall benefit from a grandfathering period until 28 November 2014. Tap issues of such covered bonds may also benefit from the grandfathering period provided that, from 31 March 2013, asset-backed securities that do not comply with the requirements specified in Section 6.2.1.1.3(a) to (c) of Annex I to Guideline ECB/2011/14 are not added to the cover pool.
   4.   Paragraphs 1 to 3 above shall be understood without prejudice to the rules of Decision ECB/2013/6 concerning the use as collateral for Eurosystem monetary policy operations of own-use uncovered government-guaranteed bank bonds.
   Article 6
   Additional high credit standards for marketable assets
   1.   The ECAI credit assessment of marketable assets other than asset-backed securities, mentioned in Section 6.3.2(a) ECAI credit assessment, of Annex I to Guideline ECB/2011/14, shall be subject to the following criteria:

               (i)

               At least one credit assessment from an accepted ECAI (8) for either the issue or, in the absence of an issue rating from the same ECAI, the programme/issuance series under which the asset is issued, must comply with the Eurosystem’s credit quality threshold (9). The ECB publishes the credit quality threshold for all accepted ECAIs, as established under Section 6.3.1 of Annex I to Guideline ECB/2011/14 (10). If multiple ECAI credit assessments are available for the same issue or, if applicable, for programme/issuance series, then the first-best rule (i.e. the best available ECAI credit assessment for the issue or, if applicable, for the programme/issuance series) is applied. If the first-best credit assessment for the issue or, if applicable, for the programme/issuance series does not comply with the Eurosystem’s credit quality threshold, the asset is not eligible, even if a guarantee acceptable under Section 6.3.2(c) of Annex I to Guideline ECB/2011/14 exists. In the absence of an ECAI credit assessment for the issue or, if applicable, the programme/issuance series, the best available ECAI credit assessment for the issuer or the guarantor (if the guarantee is acceptable under Section 6.3.2(c) of Annex I to Guideline ECB/2011/14) must comply with the Eurosystem’s credit quality threshold for the asset to be eligible.

               (ii)

               For ECAI issue and programme/issuance series ratings, no distinction by original maturity of the asset is made for the purposes of establishing high credit standards for marketable assets. Any ECAI rating assigned to the issue or programme/issuance series that meets the Eurosystem credit quality threshold is acceptable. As regards the ECAI issuer/guarantor rating, the acceptable ECAI credit assessment depends on the original maturity of the asset. A distinction is made between short-term assets (meaning those assets with an original maturity of up to 390 days) and long-term assets (meaning those assets with an original maturity of more than 390 days). For short-term assets, ECAI short-term and long-term issuer ratings and long-term guarantor ratings are acceptable, on a first-best rule basis. For long-term assets, only ECAI long-term issuer or long-term guarantor ratings are acceptable.

         2.   The credit quality threshold applicable to asset-backed securities subject to the loan-level data reporting requirements, as specified in the Eurosystem credit assessment framework in Section 6.3.2(b) ECAI credit assessment of asset-backed securities- of Annex I to Guideline ECB/2011/14, shall correspond to Credit Quality Step (CQS) 2 of the Eurosystem’s harmonised rating scale (‘single A’ (11)) both at issuance and over the lifetime of the asset-backed security. The other requirements under Section 6.3.2(b) ECAI credit assessment of asset-backed securities- of Annex I to Guideline ECB/2011/14 shall remain unaltered.
   3.   Asset-backed securities that do not comply with the loan-level data reporting requirements shall remain subject to the credit assessment requirements foreseen in Section 6.3.2(b)-ECAI credit assessment of asset-backed securities- of Annex I to Guideline ECB/2011/14.
   4.   In the absence of an ECAI credit assessment for the issue (or, if applicable, the programme/issuance series) rating, the high credit standards for marketable assets, other than asset-backed securities, can be established on the basis of guarantees provided by financially sound guarantors as referred to in Section 6.3.2(c) of Annex I to Guideline ECB/2011/14. The financial soundness of the guarantor is assessed on the basis of long-term ECAI guarantor ratings meeting the Eurosystem’s credit quality threshold. The guarantee shall meet the requirements set out in points (i) to (iv) of Section 6.3.2(c) of Annex I to Guideline ECB/2011/14.
   Article 7
   Determination of haircuts
   The credit assessment used for the purpose of determining eligibility in accordance with Sections 6.3.2 and 6.3.3 of Annex I to Guideline ECB/2011/14 shall apply in determining the applicable haircut pursuant to Section 6.4.1 of Annex I to Guideline ECB/2011/14.
   Article 8
   Haircut categories and haircuts for marketable and non-marketable assets
   1.   The liquidity categories for marketable assets, as specified in the Eurosystem risk control measures for marketable assets in Table 6 of Section 6.4.2 of Annex I to Guideline ECB/2011/14, shall be referred to as haircut categories throughout that Section, without changes in the assignment of eligible assets to the respective categories.
   2.   The levels of valuation haircuts applied to marketable assets, as specified in the Eurosystem risk control measures in Table 7 of Section 6.4.2 of Annex I to Guideline ECB/2011/14, shall be substituted by the haircuts set out in Annex I to this Decision.
   3.   The haircut applied to asset-backed securities included in haircut category V, specified in Section 6.4.2(d) of Annex I to Guideline ECB/2011/14, shall be 10 % regardless of maturity or coupon structures.
   4.   Own-use covered bonds are subject to an additional valuation haircut. This add-on haircut is directly applied to the value of the entire issuance of the individual debt instrument in the form of a valuation markdown of (a) 8 % for own-use covered bonds in CQS 1&2, and (b) 12 % for own-use covered bonds in CQS3. For these purposes, ‘own-use covered bonds’ means covered bank bonds issued by either a counterparty or entities closely linked to it, and used in a percentage greater than 75 % of the outstanding notional amount by that counterparty and/or its closely linked entities.
   5.   The levels of valuation haircuts applied to non-marketable assets, as specified in the Eurosystem risk control measures in Table 9 of Section 6.4.3 of Annex I to Guideline ECB/2011/14, shall be substituted by the haircuts set out in Annex II to this Decision.
   6.   The valuation haircut for non-marketable retail mortgage-backed debt instruments, specified in Section 6.4.3.2 of Annex I to Guideline ECB/2011/14, shall be 39,5 % of their outstanding notional amount.
   Article 9
   Remedies in an event of default and on grounds of prudence
   1.   The remedies that the relevant contractual or regulatory arrangements applied by the NCB must ensure, as referred to in Section I.7 of Annex II to Guideline ECB/2011/14, shall be subject to the terms specified in the following paragraphs.
   2.   Following the occurrence of an event of default or on grounds of prudence, the NCB is entitled to exercise the following remedies:

               (a)

               suspend, limit or exclude the Counterparty from access to open market operations;

               (b)

               suspend, limit or exclude the Counterparty from access to the Eurosystem’s standing facilities;

               (c)

               terminate all outstanding agreements and transactions;

               (d)

               demand accelerated performance of claims that have not yet matured or are contingent;

               (e)

               use deposits of the Counterparty placed with the NCB to set off claims against the Counterparty;

               (f)

               suspend the performance of obligations in respect of the Counterparty until the claim against the Counterparty has been satisfied.

         3.   In addition, following the occurrence of an event of default, the NCB may be entitled to exercise the following remedies:

               (a)

               claim default interest;

               (b)

               claim an indemnity for any losses sustained as a consequence of a default by the Counterparty.

         4.   In addition, on grounds of prudence, the NCB may be entitled to reject, limit the use of or apply supplementary haircuts to assets submitted as collateral in Eurosystem credit operations by the relevant Counterparty.
   5.   The NCB shall at all times be in a position legally to realise all assets provided as collateral without undue delay and in such a way as to entitle the NCB to realise value for the credit provided, if the Counterparty does not settle its negative balance promptly.
   6.   In order to ensure uniform implementation of the measures imposed, the ECB’s Governing Council may decide on the remedies, including suspension, limitation or exclusion from access to open market operations or the Eurosystem’s standing facilities.
   Article 10
   Clarification of the definition of EEA countries
   1.   For the purposes of the Eurosystem collateral framework, EEA countries shall be understood to include all EU Member States, regardless of whether or not they have formally acceded to the EEA, together with Iceland, Liechtenstein and Norway.
   2.   The definition of EEA countries contained in Appendix 2 to Annex I to Guideline ECB/2011/14 (Glossary) shall be deemed to be amended accordingly.
   Article 11
   Adjustments to the implementation of loan-level requirements for asset-backed securities
   1.   Without prejudice to Section 6.2.1.1.2 of Annex I to Guideline ECB/2011/14 and Appendix 8 thereto, the Eurosystem may accept as eligible collateral asset-backed securities with a score lower than A1 after completion of the relevant transitional period, on a case-by-case basis and subject to the provision of adequate explanations for the failure to achieve the mandatory score. For each adequate explanation the Governing Council shall specify a maximum tolerance level and a tolerance horizon. The tolerance horizon shall indicate that the data quality for the asset-backed securities must improve within the specified time period.
   2.   The full list of adequate explanations, their tolerance levels and tolerance horizons is available on the ECB’s website and contains, inter alia, descriptions of legacy assets and legacy IT systems.
   Article 12
   Entry into force and application
   1.   This Decision shall enter into force on 1 October 2013.
   2.   As an exception, Article 8(4) shall apply from 1 November 2013.

      Done at Frankfurt am Main, 26 September 2013.

            The President of the ECB

         Mario DRAGHI

      (1)  OJ L 331, 14.12.2011, p. 1.

      (2)  OJ L 95, 5.4.2013, p. 22.

      (3)  OJ L 95, 5.4.2013, p. 23.

      (4)  OJ L 195, 18.7.2013, p. 27.

      (5)  Bonds with warrants or other similar rights attached are not eligible.

      (6)  Debt instruments with a principal amount linked to only one euro area inflation index at a single point in time are also permissible given that the coupon structure is as defined in Article 3(2)(b)(ii)(1)(d) and is linked to the same inflation index.

      (7)  OJ L 177, 30.6.2006, p. 1.

      (8)  The accepted ECAIs, ICASs and third-party RTs and their providers are listed on the ECB’s website at www.ecb.europa.eu

      (9)  An ECAI assessment for a programme/issuance series is only relevant if it applies to the particular asset and no different issue rating from the same ECAI exists.

      (10)  This information is published on the ECB’s website at www.ecb.europa.eu

      (11)  A ‘single A’ rating is a rating of at least ‘A3’ from Moody’s, ‘A-’ from Fitch or Standard & Poor’s, or ‘AL’ from DBRS.
   ANNEX I

      LEVELS OF VALUATION HAIRCUTS APPLIED TO ELIGIBLE MARKETABLE ASSETS

               Haircut categories

               Credit quality

               Residual maturity
               (years)

               Category I

               Category II (1)

               Category III (1)

               Category IV (1)

               Category V (1)

               fixed coupon

               zero coupon

               fixed coupon

               zero coupon

               fixed coupon

               zero coupon

               fixed coupon

               zero coupon

               Steps 1 and 2 (AAA to A-) (2)

               0-1

               0,5

               0,5

               1,0

               1,0

               1,0

               1,0

               6,5

               6,5

               10,0

               1-3

               1,0

               2,0

               1,5

               2,5

               2,0

               3,0

               8,5

               9,0

               3-5

               1,5

               2,5

               2,5

               3,5

               3,0

               4,5

               11,0

               11,5

               5-7

               2,0

               3,0

               3,5

               4,5

               4,5

               6,0

               12,5

               13,5

               7-10

               3,0

               4,0

               4,5

               6,5

               6,0

               8,0

               14,0

               15,5

               > 10

               5,0

               7,0

               8,0

               10,5

               9,0

               13,0

               17,0

               22,5

               Haircut categories

               Credit quality

               Residual maturity
               (years)

               Category I

               Category II (1)

               Category III (1)

               Category IV (1)

               Category V (1)

               fixed coupon

               zero coupon

               fixed coupon

               zero coupon

               fixed coupon

               zero coupon

               fixed coupon

               zero coupon

               Step 3 (BBB+ to BBB-) (2)

               0-1

               6,0

               6,0

               7,0

               7,0

               8,0

               8,0

               13,0

               13,0

               Not eligible

               1-3

               7,0

               8,0

               10,0

               14,5

               15,0

               16,5

               24,5

               26,5

               3-5

               9,0

               10,0

               15,5

               20,5

               22,5

               25,0

               32,5

               36,5

               5-7

               10,0

               11,5

               16,0

               22,0

               26,0

               30,0

               36,0

               40,0

               7-10

               11,5

               13,0

               18,5

               27,5

               27,0

               32,5

               37,0

               42,5

               > 10

               13,0

               16,0

               22,5

               33,0

               27,5

               35,0

               37,5

               44,0

      (1)  Individual asset-backed securities, covered bank bonds (jumbo covered bank bonds, traditional covered bank bonds and other covered bank bonds) and uncovered bank bonds that are theoretically valued in accordance with Section 6.5 of Annex I to Guideline ECB/2011/14 are subject to an additional valuation haircut. This haircut is directly applied at the level of the theoretical valuation of the individual debt instrument in the form of a valuation markdown of 5 %. Furthermore, an additional valuation markdown is applied to own-use covered bonds. This valuation markdown is 8 % for own-use covered bonds in CQS1&2 and 12 % for own-use covered bonds in CQS3.

      (2)  Ratings are as specified in the Eurosystem’s harmonised rating scale, published on the ECB’s website at www.ecb.europa.eu
   ANNEX II

      LEVELS OF VALUATION HAIRCUTS APPLIED TO CREDIT CLAIMS WITH FIXED INTEREST PAYMENTS

               Valuation methodology

               Credit quality

               Residual maturity (years)

               Fixed interest payment and a valuation based on a theoretical price assigned by the NCB

               Fixed interest payment and a valuation according to the outstanding amount assigned by the NCB

               Steps 1 and 2 (AAA to A-)

               0-1

               10,0

               12,0

               1-3

               12,0

               16,0

               3-5

               14,0

               21,0

               5-7

               17,0

               27,0

               7-10

               22,0

               35,0

               > 10

               30,0

               45,0

               Valuation methodology

               Credit quality

               Residual maturity (years)

               Fixed interest payment and a valuation based on a theoretical price assigned by the NCB

               Fixed interest payment and a valuation according to the outstanding amount assigned by the NCB

               Step 3 (BBB+ to BBB-)

               0-1

               17,0

               19,0

               1-3

               29,0

               34,0

               3-5

               37,0

               46,0

               5-7

               39,0

               52,0

               7-10

               40,0

               58,0

               > 10

               42,0

               65,0


title: Decision (EU) 2015/1669 of the European Parliament of 29 April 2015 on discharge in respect of the implementation of the budget of the European Union Agency for Network and Information Security for the financial year 2013

text:
               30.9.2015

               EN

               Official Journal of the European Union

               L 255/284

      DECISION (EU) 2015/1669 OF THE EUROPEAN PARLIAMENT
      of 29 April 2015
      on discharge in respect of the implementation of the budget of the European Union Agency for Network and Information Security for the financial year 2013
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European Union Agency for Network and Information Security for the financial year 2013,

                  —

                  having regard to the Court of Auditors' report on the annual accounts of the European Union Agency for Network and Information Security for the financial year 2013, together with the Agency's replies (1),

                  —

                  having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2013, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to the Council's recommendation of 17 February 2015 on discharge to be given to the Agency in respect of the implementation of the budget for the financial year 2013 (05304/2015 — C8-0054/2015),

                  —

                  having regard to Article 319 of the Treaty on the Functioning of the European Union,

                  —

                  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),

                  —

                  having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (4), and in particular Article 208 thereof,

                  —

                  having regard to Regulation (EC) No 460/2004 of the European Parliament and of the Council of 10 March 2004 establishing the European Network and Information Security Agency (5),

                  —

                  having regard to Regulation (EU) No 526/2013 of the European Parliament and of the Council of 21 May 2013 concerning the European Union Agency for Network and Information Security (ENISA) and repealing Regulation (EC) No 460/2004 (6), and in particular Article 21 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 (7),

                  —

                  having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (8), and in particular Article 108 thereof,

                  —

                  having regard to Rule 94 of and Annex V to its Rules of Procedure,

                  —

                  having regard to the report of the Committee on Budgetary Control (A8-0089/2015),

         1.

            Grants the Executive Director of the European Union Agency for Network and Information Security discharge in respect of the implementation of the Agency's budget for the financial year 2013;

         2.

            Sets out its observations in the resolution below;

         3.

            Instructs its President to forward this Decision, and the resolution forming an integral part of it, to the Executive Director of the European Union Agency for Network and Information Security, 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).

               The President

            Martin SCHULZ

               The Secretary-General

            Klaus WELLE

         (1)  OJ C 442, 10.12.2014, p. 217.

         (2)  See footnote 1.

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

         (4)  OJ L 298, 26.10.2012, p. 1.

         (5)  OJ L 77, 13.3.2004, p. 1.

         (6)  OJ L 165, 18.6.2013, p. 41.

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

         (8)  OJ L 328, 7.12.2013, p. 42.