title: 2005/663/EC: Council Decision of 18 January 2005 on the conclusion, on behalf of the European Community and its Member States, of a Protocol to the Agreement on Cooperation and Customs Union between the European Economic Community and the Republic of San Marino, regarding the participation, as Contracting Parties, of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic, pursuant to their accession to the European Union

text:
               27.9.2005

               EN

               Official Journal of the European Union

               L 251/1

         COUNCIL DECISION
   of 18 January 2005
   on the conclusion, on behalf of the European Community and its Member States, of a Protocol to the Agreement on Cooperation and Customs Union between the European Economic Community and the Republic of San Marino, regarding the participation, as Contracting Parties, of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic, pursuant to their accession to the European Union
   (2005/663/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Articles 133 and 308, in conjunction with the second sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,
   Having regard to the Treaty of Accession of 2003, and in particular Article 2(3) thereof,
   Having regard to the Act of Accession of 2003, and in particular Article 6(2) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               Following the authorisation given to the Commission on 23 February 2004, negotiations with the Republic of San Marino for a Protocol to the Agreement on Cooperation and Customs Union between the European Economic Community and the Republic of San Marino, regarding the participation, as contracting parties, of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic, pursuant to their accession to the European Union have been concluded.

               (2)

               Pursuant to Article 6(2) of the Act of Accession of 2003, a draft of the Protocol has been submitted by the Commission to the Council.

               (3)

               The Protocol should be concluded,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Protocol to the Agreement on Cooperation and Customs Union between the European Economic Community and the Republic of San Marino, regarding the participation, as contracting parties, of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic, pursuant to their accession to the European Union, is hereby approved on behalf of the European Community and its Member States.
   The text of the Protocol is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person empowered to sign the Protocol on behalf of the Community and its Member States.
   Article 3
   The President of the Council shall, on behalf of the Community and its Member States, transmit the instrument of approval provided for in Article 3 of the Protocol.

      Done at Brussels, 18 January 2005.

            For the Council

            The President

         J.-C. JUNCKER

      (1)  Opinion of 14 December 2004 (not yet published in the Official Journal).
    ---documentbreak---

               27.9.2005

               EN

               Official Journal of the European Union

               L 251/3

         PROTOCOL
   to the Agreement on Cooperation and Customs Union between the European Economic Community and the Republic of San Marino, regarding the participation, as contracting parties, of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic, pursuant to their accession to the European Union
   THE KINGDOM OF BELGIUM,
   THE CZECH REPUBLIC,
   THE KINGDOM OF DENMARK,
   THE FEDERAL REPUBLIC OF GERMANY,
   THE REPUBLIC OF ESTONIA,
   THE HELLENIC REPUBLIC,
   THE KINGDOM OF SPAIN,
   THE FRENCH REPUBLIC,
   IRELAND,
   THE ITALIAN REPUBLIC,
   THE REPUBLIC OF CYPRUS,
   THE REPUBLIC OF LATVIA,
   THE REPUBLIC OF LITHUANIA,
   THE GRAND DUCHY OF LUXEMBOURG,
   THE REPUBLIC OF HUNGARY,
   THE REPUBLIC OF MALTA,
   THE KINGDOM OF THE NETHERLANDS,
   THE REPUBLIC OF AUSTRIA,
   THE REPUBLIC OF POLAND,
   THE PORTUGUESE REPUBLIC,
   THE REPUBLIC OF SLOVENIA,
   THE SLOVAK REPUBLIC,
   THE REPUBLIC OF FINLAND,
   THE KINGDOM OF SWEDEN,
   THE UNITED KINGDOM OF GREAT BRITAIN, AND NORTHERN IRELAND,
   (The Member States) represented by the Council of the European Union, and,
   THE EUROPEAN COMMUNITY, also represented by the Council of the European Union,
   of the one part, and
   THE REPUBLIC OF SAN MARINO,
   of the other part,
   HAVING REGARD to the Agreement on Cooperation and Customs Union between the European Economic Community and the Republic of San Marino of 16 December 1991 (the Agreement), which entered into force on 1 April 2002,
   HAVING REGARD to the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (the new Member States) to the European Union on 1 May 2004,
   WHEREAS the new Member States are to become Contracting Parties to the Agreement,
   CONSIDERING that the Treaty of Accession grants to the Council of the European Union the power to conclude, on behalf of the present Member States and the new Member States, a protocol on the accession of the new Member States to the Agreement,
   HAVE AGREED AS FOLLOWS:
   Article 1
   The new Member States hereby become Contracting Parties to the Agreement. They shall respectively adopt and take note, in the same manner as the present Member States, of the Agreement, as well as the Declarations annexed to it.
   Article 2
   This Protocol shall be an integral part of the Agreement.
   Article 3
   1.   This Protocol shall be approved by the Council of the European Union, on behalf of the Member States and the European Community, and by the Republic of San Marino in accordance with their own procedures.
   2.   The Parties shall notify each other of the accomplishment of these procedures. The instruments of approval shall be deposited with the General Secretariat of the Council of the European Union.
   Article 4
   This Protocol shall enter into force on the first day of the first month following the date of deposit of the last instrument of approval.
   Article 5
   The texts of the Agreement, as well as the Declarations annexed to it, are drawn up in the Czech, Estonian, Hungarian, Latvian, Lithuanian, Maltese, Polish, Slovak and Slovenian languages.
   They are annexed to this Protocol and are equally authentic with the texts in the other languages in which the Agreement, as well as the Declarations annexed to it are drawn up.
   Article 6
   This Protocol is drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovenian, Slovak, Spanish and Swedish languages, each of those texts being equally authentic.

      Hecho en Bruselas, el cuatro de mayo de dos mil cinco.
      V Bruselu dne čtvrtého května dva tisíce pět.
      Udfærdiget i Bruxelles den fjerde maj to tusind og fem.
      Geschehen zu Brüssel am vierten Mai zweitausendfünf.
      Kahe tuhande viienda aasta maikuu neljandal päeval Brüsselis.
      Έγινε στις Βρυξέλλες, στις τέσσερις Μαΐου δύο χιλιάδες πέντε.
      Done at Brussels on the fourth day of May in the year two thousand and five.
      Fait à Bruxelles, le quatre mai deux mille cinq.
      Fatto a Bruxelles, addì quattro maggio duemilacinque.
      Briselē, divtūkstoš piektā gada ceturtajā maijā.
      Priimta du tūkstančiai penktų metų gegužės ketvirtą dieną Briuselyje.
      Kelt Brüsszelben, a kettőezer-ötödik év május havának negyedik napján.
      Magħmul fi Brussel, fl-erbgħa jum ta' Mejju tas-sena elfejn u ħamsa.
      Gedaan te Brussel, de vierde mei tweeduizend vijf.
      Sporządzono w Brukseli dnia czwartego maja roku dwatysiące piątego.
      Feito em Bruxelas, em quatro de Maio de dois mil e cinco.
      V Bruslju, četrtega maja leta dva tisoč pet.
      V Bruseli dňa štvrtého mája dvetisícpäť.
      Tehty Brysselissä neljäntenä päivänä toukokuuta vuonna kaksituhattaviisi.
      Som skedde i Bryssel den fjärde maj tjugohundrafem.

         Por los Estados miembros
         Za členské státy
         For medlemsstaterne
         Für die Mitgliedstaaten
         Liikmesriikide nimel
         Για τα κράτη μέλη
         For the Member States
         Pour les États membres
         Per gli Stati membri
         Dalībvalstu vārdā
         Valstybių narių vardu
         A tagállamok részéről
         Ghall-Istati Membri
         Voor de lidstaten
         W imieniu Państw Członkowskich
         Pelos Estados-Membros
         Za členské štáty
         Za države članice
         Jäsenvaltioiden puolesta
         På medlemsstaternas vägnar

         Por las Comunidades Europeas
         Za Evropská společenstvi
         For de Europæiske Fællesskaber
         Für die Europäischen Gemeinschaften
         Euroopa ühenduste nimel
         Για τις Ευρωπαϊκές Κοινότητες
         For the European Communities
         Pour les Communautés européennes
         Per le Comunità europee
         Eiropas Kopienu vārdā
         Europos Bendrijų vardu
         Az Európai Közösségek részéről
         Ghall-Komunitajiet Ewropej
         Voor de Europese Gemeenschappen
         W imieniu Wspólnot Europejskich
         Pelas Comunidades Europeias
         Za Európske spoločenstvá
         Za Evropske skupnosti
         Euroopan yhteisöjen puolesta
         På Europeiska gemenskapernas vägnar

         Por la República de San Marino
         Za Republiku San Marino
         For Republikken San Marino
         Im Namen der Republik San Marino
         San Marino Vabariigi nimel
         Για τη Δημοκρατία του Αγίου Μαρίνου
         For the Republic of San Marino
         Pour la République de Saint-Marin
         Per la Repubblica di San Marino
         Sanmarīno Republikas vārdā
         San Marino Respublikos vardu
         A San Marino Köztársaság részéről
         Għar-Repubblika ta' San Marino
         Voor de Republiek San Marino
         W imieniu Republiki San Marino
         Pela República de São Marino
         Za Sanmarínsku republiku
         Za Republiko San Marino
         San Marinon tasavallan puolesta
         På Republiken San Marinos vägnar

 ---documentbreak--- NA ---documentbreak---

               27.9.2005

               EN

               Official Journal of the European Union

               L 251/7

         AGREEMENT
   on Cooperation and Customs Union between the European Economic Community and the Republic of San Marino

   The Agreement drawn up in 11 official languages of the European Union (Spanish, Danish, German, Greek, English, French, Italian, Dutch, Portuguese, Finnish, Swedish) was published in OJ L 84, 28.3.2002, p. 43. The Czech, Estonian, Latvian, Lithuanian, Hungarian, Maltese, Polish, Slovak and Slovenian versions are published in this Official Journal.


Avis juridique important

|

31985D0335

85/335/EEC: Decision of the European Parliament of 13 june 1985 granting a discharge to the Commission in respect of the financial management of the fifth European Development Fund during the 1983 financial year

Official Journal L 174 , 04/07/1985 P. 0051 - 0055

*****DECISION  OF THE EUROPEAN PARLIAMENT  of 13 June 1985  granting a discharge to the Commission in respect of the financial management of the Fifth European Development Fund during the 1983 financial year  (85/335/EEC)  THE EUROPEAN PARLIAMENT,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the second ACP-EEC Convention of Lomé (1),  Having regard to the balance sheet and accounts in respect of the Fifth European Development Fund for the financial year 1983 (COM(84) 281 final),  Having regard to the report of the Court of Auditors concerning the financial year 1983 accompanied by the replies of the institutions (2),  Having regard to the Council recommendation on the granting of this discharge (Doc. C2-19/85),  Whereas the Treaty of 22 July 1975 empowers the European Parliament to grant discharge in respect of the financial activities of the Community,  Having regard to the report by the Committee on Budgetary Control and to the opinion of the Committee on Development and Cooperation (Doc. A2-39/85),  1. Grants discharge to the Commission in respect of the financial management of the Fifth European Development Fund during the financial year 1983 on the basis of the following amounts:  receipts: 480 192 381 ECU  payments: 419 234 127 ECU  2. Records its comments in the resolution which forms part of this decision;  3. Instructs its President to forward this decision and the resolution embodying its comments to the Commission, the Council, the Court of Auditors and the European Investment Bank and to ensure that they are published in the Official Journal of the European Communities (L series).  Strasbourg, 13 June 1985.  1.2 // The Secretary-General  // The President  // H.-J. OPITZ  // Pierre PFLIMLIN  (1) OJ No L 347, 22. 12. 1980.  (2) OJ No C 348, 31. 12. 1984.  RESOLUTION  embodying comments forming part of the decisions granting discharge in respect of the financial management of the Second, Third, Fourth and Fifth European Development Funds during the 1983 financial year  THE EUROPEAN PARLIAMENT,  Having regard to Articles 137 and 206b of the Treaty establishing the European Economic Community,  Having regard to Articles 67 and 70 respectively of the Financial Regulations applicable to the Fourth and Fifth European Development Funds, which require the Commission to take all appropriate steps to act upon the comments appearing in the decisions giving discharge,  Noting that the same Articles also require the Commission, at the request of the European Parliament, to report on the measures taken in the light of Parliament's comments and, in particular, on the instructions given to those of its departments which are responsible for the management of the European Development Funds,  Deciding to make the comments mentioned in the said Articles 67 and 70 in the form of this resolution, which is part of each discharge decision in respect of the financial management of the European Development Funds for the 1983 financial year,  Adopting this resolution also, in exercise of powers necessary for the fulfilment of its supervisory role, in order to remedy weaknesses found during its discharge investigation and to achieve better management of the European Development Funds,  Having regard to the report of the Committee on Budgetary Control and other documents mentioned in the decisions granting discharge (Doc. A2-39/85),  Form of the discharge decision  1. Decides, in order to standardize the terminology used in its discharge decisions and to achieve greater clarity, to adopt again the definitions set out in paragraph 1 of its resolution of 16 April 1985, forming part of the decision granting a discharge in respect of the implementation of the budget for the 1983 financial year;  Development policy as a priority  2. Stresses the importance of development policy because:  (a) the needs of developing countries, even for the basic necessities of life such as food and clean water, are enormous;  (b) it is one of the main aspects of the Community's relationship with half the countries of the world; and  (c) it is the only Community policy involving major expenditure which is executed by the Commission rather than by the Member States;  3. Points out that the achievement of development objectives depends upon efficient financial management in order to maximize the effect of EDF resources;  4. Recalls the recommendation contained in its aforesaid resolution of 16 April 1985 that the Commission should conduct an urgent assessment of the staff levels in its Directorate-General for Development by reference to staff levels in other aid administrations and other Commission departments and then take appropriate action; and calls upon the Commission to take account of the priority attached to development policy when conducting that assessment and taking consequent action;  Parliamentary powers and responsibilities  5. Recalls its previous resolutions calling for budgetization of the EDF but also draws attention to the powers and responsibilities of the European Parliament under the Treaties, which are not precluded by the Council's failure to budgetize the EDF;  6. Reaffirms its right to be consulted on proposals for regulations relating to the EDF and, in particular, the forthcoming Financial Regulation for the Sixth EDF;  Annual accounts  7. Notes that the annual accounts of each European Development Fund (EDF) have taken the form of a balance sheet, in which a summary of the year's transactions is included, whereas both the Internal Agreement and the Financial Regulation applicable to each EDF require the accounts to be in the form of a revenue and expenditure account and a separate balance sheet, and calls upon the Commission, in order to achieve greater clarity and to comply with these requirements, to publish both a revenue and expenditure account and a balance sheet in future years; 8. Calls upon the Commission to publish with the annual EDF accounts the figures upon which they seek discharge, being a summary of the main items of the revenue and expenditure account and of the balance sheet for each EDF, and requests the Court of Auditors to comment on such figures in its annual report;  9. Regrets that the accounts for each EDF for the 1983 financial year were not approved by the Commission until 15 May 1984, whereas the relevant regulations require them to be submitted to the European Parliament, the Council and the Court of Auditors no later than 15 April; and calls upon the Commission to adhere strictly to this deadline in future;  10. Calls upon the Commission to ensure that the accounts of the European Association for Cooperation (EAC) are closed on 31 December each year and that the accounts of the EAC and other agencies responsible for managing EDF scholarships and in-service training are reconciled regularly with the EDF accounts;  The Second EDF  11. Notes with approval that the accounts for the Second EDF were closed during 1984, only one project having been outstanding at the end of 1983;  The Third EDF  12. Notes that 13,58 million ECU of the Third EDF is still not allocated and a further 34,86 million ECU awaits payment; recommends the Commission to take no further funding decisions and to transfer the balance not yet allocated to the Fifth EDF by the end of 1985;  13. Calls upon the Commission to close the accounts relating to all completed projects by the end of 1985 and thus release unused balances estimated at up to 5 million ECU;  14. Calls upon the Commission to take effective action to ensure repayment of the loan of 4,5 million ECU, which has been outstanding from an ACP-State since 1978, and to avoid any similar situation in the future;  Rate of utilization  15. Calls upon the Commission to present a written report to the European Parliament by 30 April 1986 analyzing the reasons for the slow rate of disbursement of the EDF, proposing ways by which it could be improved and appending a summary of comparable information obtained from major international development organizations;  16. Calls upon the Commission to procure an independent comparative study, to be commenced by 1 January 1986, of the procedures within the EDF, the World Bank and the United Nations Development Programme relating to information and decision-taking on projects, from identification to ex-post evaluation;  Appraisal  17. Calls upon the Commission to issue appropriate guidelines to its officials and delegations so as to emphasize that, when appraising projects proposed for EDF assistance, they must obtain adequate information to ensure that the completed project:  (a) will be appropriately sited in relation to local needs;  (b) will be financially viable, taking account of the local economy;  (c) will have adequate managerial and technical staff;  (d) will be adequately maintained and have access to all necessary spare parts; and  (e) will avoid any difficulties previously experienced with similar EDF projects;  Ex-post evaluation  18. Reaffirms the need for more thorough ex-post evaluation and improved means of collating the results of previous experience; therefore calls upon the Commission:  (a) to make arrangements for many more ex-post evaluation studies of EDF projects and programmes to be conducted as from 1 January 1986 and for every project or programme completed after 1 January 1988 to be the subject of an ex-post evaluation, in accordance with Article 224 (2) of the Third Lomé Convention;  (b) to conduct ex-post evaluations of projects managed on behalf of the EDF by the EIB, in respect of a sample of projects completed after 1 January 1987 and all projects completed after 1 January 1989;  (c) to establish not later than 30 April 1986, a data base bringing together not only the financial information relating to EDF financial and technical cooperation but also the positive and negative experience gained from implementation and ex-post evaluation; (d) to add to the data base no later than 31 December 1986 parallel information relating to Community aid for non-associated developing countries;  (e) to set in motion, as an immediate priority, the appointment of sufficient additional staff with appropriate skills to the Directorate-General for Development in order to carry out the above work;  Delegations  19. Underlines the growing importance of Commission delegations in the implementation of EDF financial and technical cooperation and calls upon the Commission to review the numbers and skills of delegation staff so as to ensure that they are sufficient to fulfil their expanding responsibilities and, in particular, to ensure improved standards of project and programme appraisal, monitoring of implementation and ex-post evaluation;  20. Recommends to the Commission that they should engage independent consultants, with relevant expertise, to assist them in the review of delegations;  21. Recommends to the Commission that they should create more possibilities for interchange between those working in delegations and officials within the Directorate General for Development in Brussels;  Stagiaires  22. Proposes to the Commission that they recruit annually as stagiaires a number of young graduates with relevant qualifications to work in Commission delegations, assisting in the tasks of project appraisal, monitoring and ex-post evaluation;  Technical expertise in ACP States  23. Observes that the capacity of certain ACP States, particularly the least developed, to absorb aid to maximum effect is limited by shortages of trained staff within their administrations; therefore calls upon the Commission to give greater emphasis to meeting these needs by reviewing the procedures whereby it offers: (a) aid in training local personnel, and (b) aid through the provision of staff to work within local ACP administrations;  Service contracts  24. Calls upon the Commission (a) to ascertain from other international development organizations how they award service contracts, particularly relating to the supervision of projects, and by what criteria they fix remuneration under such contracts; (b) to consider how the EDF might improve its procedures and enable better value to be obtained from such contracts; and (c) to report to the European Parliament not later than 30 April 1986, comparing the practices of the other organizations with those of the EDF and explaining the Commission's conclusions;  25. Recommends to the Commission: (a) that they should prepare lists of appropriately qualified consultants permanently based in ACP States (including nationals of those States) who might be employed on work associated with EDF projects and programmes, and (b) that they should encourage more use of such locally based consultants;  European Investment Bank  26. Intends to examine in a separate report the issues arising from the Court of Auditors' special report on the management of Community Development Aid Funds by the European Investment Bank;  Coordination of aid  27. Intends to examine the question of better coordination between Community bodies and with other aid donors in a separate report, based on the special report of the Court of Auditors on the coordination of Community aid to third countries;  Contributions  28. Calls upon the Commission to annex to each year's EDF accounts a list of the Member States who have failed to pay their contributions within 15 days of the due dates, showing against each the dates and amounts concerned and the dates and amounts when related payments were made;  29. Recommends to the Commission that they should propose legislation enabling interest penalties to be imposed on those Member States who make late payments of their EDF contributions;  30. Calls upon the Commission to review the system by which it estimates the EDF rates of disbursement and thereby to avoid calling up contributions unnecessarily; Control of payments  31. Calls upon the Commission to review its system of monitoring supporting documents, with particular reference to transactions involving more than 50 000 ECU, so as to improve control without adding to bureaucracy;  32. Recommends to the Commission that it should record in the EDF accounts the amount of each individual contract concluded within the framework of a special loan, so as to improve control and minimize the possibility of erroneous payments;  33. Recommends to the Commission that it should seek to further simplify its payments procedures, without prejudicing effective control, so as to ensure that payment is normally made within 60 days after the receipt of valid invoices;  Taxation  34. Calls upon the Commission to ensure that EDF contracts benefit in full from the most-favoured State or international development organization treatment stipulated in Protocol 6 of the Conventions and in particular:  (a) to cease all direct payments of taxes and customs duties in respect of EDF contracts in ACP States which normally grant such exemption to World Bank contracts or to another international development organization or relevant State;  (b) to devise procedures which will enable it to prevent the indirect payment of taxes and customs duties in such circumstances; and  (c) to take steps to ensure that the lowest rates of taxation or customs duties normally paid by international development organizations or States (other than ACP States or other developing countries, which are excluded by the Protocol) are known and applied in every other ACP State;  35. Calls upon the Commission to present a written report to the European Parliament not later than 30 April 1986 on the result of its monitoring of Protocol 6, listing any countries where taxes or customs duties have been paid on EDF contracts since 1 July 1985, with the amounts and reasons for payment;  36. Recommends to the Commission that it should press strongly in the negotiations for the next Convention for the replacement of Protocol 6 by a clear provision that all EDF contracts are exempt from taxes and customs duties similar to the stipulation made by the World Bank;  Court of Auditors' annual report  37. Requests the Court of Auditors to consider how the section of its annual report dealing with the European Development Funds might show more clearly whether criticisms of particular projects are typical of certain aspects of EDF management or of certain types of projects, possibly by the inclusion of statistics showing the number of projects found to be unsatisfactory as a percentage, both by projects and by value, of those inspected and of those financed by the EDF;  Reports on implementation of this resolution  38. Calls upon the Commission to report in writing to the European Parliament on the measures taken in the light of this resolution and, in particular, on the instructions given to those of its departments which are responsible for the management of the European Development Funds:  (a) by an interim report before 30 September 1985; and  (b) by a report annexed to the EDF revenue and expenditure accounts for the 1985 financial year;  39. Intends to appraise the implementation of this resolution in a detailed manner on the basis of these reports and to comment by further resolutions at the interim and final stages.


title: Commission Decision of 1 August 2017 on the conclusion of the amendments to Protocols 1 and 2 to the Agreement between the French Republic, the European Atomic Energy Community and the International Atomic Energy Agency (IAEA) for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean

text:
               2.8.2017

               EN

               Official Journal of the European Union

               C 251/2

         COMMISSION DECISION
   of 1 August 2017
   on the conclusion of the amendments to Protocols 1 and 2 to the Agreement between the French Republic, the European Atomic Energy Community and the International Atomic Energy Agency (IAEA) for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean
   (2017/C 251/02)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 101, the second paragraph thereof,
   Having regard to the approval of the Council,
   Whereas:

               (1)

               The amendments to Protocols 1 and 2 to the Agreement between the French Republic, the European Atomic Energy Community and the International Atomic Energy Agency (IAEA) for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean should be concluded,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The amendments to Protocols 1 and 2 to the Agreement between the French Republic, the European Atomic Energy Community and the International Atomic Energy Agency (IAEA) for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean are hereby approved on behalf of the European Atomic Energy Community. The text of the above mentioned amendments is attached to this Decision.
   Article 2
   The Commissioner in charge of Climate Action and Energy or the Director-General of the Directorate-General in charge of Energy, or his designated representative are hereby authorised to sign the amendments and to carry out all necessary steps for the entry into force of these amendments to be concluded on behalf of the European Atomic Energy Community.

      Done at Brussels, 1 August 2017.

            For the Commission

         Miguel ARIAS CAÑETE

            Member of the Commission

      ANNEX
      Paragraph I of Protocol 1 to the Agreement between the French Republic, the European Atomic Energy Community and the International Atomic Energy Agency (IAEA) for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean (hereinafter referred to as ‘the Safeguards Agreement’) is amended to read as follows:

                  ‘I.

                              (A)

                              Until such time as

                                          (1)

                                          French Protocol I territories have, in peaceful nuclear activities, nuclear material in quantities exceeding the limits stated, for the type of material in question, in Article 35 of the Agreement between France, the Community and the Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean (hereinafter referred to as “the Agreement”), or

                                          (2)

                                          the decision has been taken to construct or authorize construction of a facility, as defined in the Definitions, in French Protocol I territories,
                                          the implementation of the provisions in Part II of the Agreement shall be held in abeyance, with the exception of Articles 31-37, 39, 47, 48, 58, 60, 66, 67, 69, 71-75, 81, 83-89, 93 and 94.

                              (B)

                              The information to be reported pursuant to paragraphs (a) and (b) of Article 32 of the Agreement may be consolidated and submitted in an annual report; similarly, an annual report shall be submitted, if applicable, with respect to the import and export of nuclear material described in paragraph (c) of Article 32.

                              (C)

                              In order to enable the timely conclusion of the Subsidiary Arrangements provided for in Article 37 of the Agreement, the Community shall:

                                          (1)

                                          notify the Agency sufficiently in advance of its having nuclear material in peaceful nuclear activities in French Protocol I territories in quantities that exceed the limits referred to in section (A) hereof, or

                                          (2)

                                          notify the Agency as soon as the decision to construct or to authorize construction of a facility in French Protocol I territories has been taken,
                                          whichever occurs first. At such time, procedures for cooperation in the application of the safeguards provided for under the Agreement shall be agreed upon, as necessary, between France, the Community and the Agency.’

            Paragraph I of Protocol 2 of the Safeguards Agreement is amended to read as follows:

                  ‘I.

                  At such time as the Community notifies the Agency in accordance with Section 1(C) of Protocol 1 of this Agreement that there is nuclear material in peaceful nuclear activities in French Protocol I territories in quantities that exceed the limits referred to in Section 1(A)(1) of Protocol 1 of this Agreement or that the decision has been taken to construct or authorize construction of a facility, as defined in the Definitions, in French Protocol I territories, as referred to in Section 1(A)(2) of Protocol 1 of this Agreement, whichever occurs first, a Protocol for procedures for cooperation in the application of the safeguards provided for under the Agreement shall be agreed upon between France, the Community and the Agency. Such procedures will amplify certain provisions of the Agreement and, in particular, specify the conditions and means according to which the cooperation referred to above shall be implemented in such a way as to avoid unnecessary duplication of safeguards activities. The procedures shall be, to the extent practicable, based upon those then in force under Protocols to, and the subsidiary arrangements of, other safeguards agreements between Member States of the Community, the Community and the Agency, including the related special understandings agreed upon by the Community and the Agency.’


Avis juridique important

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32003D0020(01)

2004/46/EC: Decision of the European Central Bank of 18 December 2003 laying down the terms and conditions for transfers of the European Central Bank's capital shares between the national central banks and adjustment of the paid-up capital (ECB/2003/20)

Official Journal L 009 , 15/01/2004 P. 0032 - 0035

Decision of the European Central Bankof 18 December 2003laying down the terms and conditions for transfers of the European Central Bank's capital shares between the national central banks and adjustment of the paid-up capital(ECB/2003/20)(2004/46/EC)THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,Having regard to the Statute of the European System of Central Banks and of the European Central Bank and in particular Article 28.5 thereof,Whereas:(1) The adjustment of the weightings assigned to the national central banks (NCBs) in the key for subscription to the European Central Bank's (ECB's) capital (hereinafter the capital key weightings and the capital key respectively) as provided for in Decision ECB/2003/17 of 18 December 2003 on the national central banks' percentage shares in the key for subscription to the European Central Bank's capital(1) requires the Governing Council to determine the terms and conditions for transfers of capital shares between the NCBs in order to ensure that the distribution of these shares corresponds to the adjustments made.(2) Decision ECB/2003/18 of 18 December 2003 laying down the measures necessary for the paying-up of the European Central Bank's capital by the participating national central banks(2) determines how and to what extent the NCBs of the Member States that have adopted the euro (hereinafter the participating NCBs) should pay up the ECB's capital in view of the adjusted capital key. Decision ECB/2003/19 of 18 December 2003 laying down the measures necessary for the paying-up of the European Central Bank's capital by the non-participating national central banks(3) determines the percentage that the NCBs of the Member States that have not adopted the euro (hereinafter the non-participating NCBs) should pay up on 1 January 2004 in view of the adjusted capital key.(3) The participating NCBs paid up their shares in the ECB's subscribed capital as required under Decision ECB/1998/2(4) and, in the case of the Bank of Greece, under Article 2 of Decision ECB/2000/14(5) and Decision ECB/1998/14(6). In view of this fact, Article 2 of Decision ECB/2003/18 states that either a participating NCB should transfer an additional amount to the ECB, or the ECB should transfer an amount back to a participating NCB, as appropriate, in order to arrive at the amounts set out in the table in Article 1 of Decision ECB/2003/18. Likewise, the non-participating NCBs paid up their shares in the ECB's subscribed capital as required under Decision ECB/1998/14. In view of this fact, Article 2 of Decision ECB/2003/19 states that either a non-participating NCB should transfer an additional amount to the ECB, or the ECB should transfer an amount back to a non-participating NCB, as appropriate, in order to arrive at the amounts set out in the table in Article 1 of Decision ECB/2003/19,HAS ADOPTED THIS DECISION:Article 1Transfer of capital sharesConsidering the share in the ECB's capital that each NCB will have subscribed on 31 December 2003 and the share in the ECB's capital that each NCB will subscribe from 1 January 2004 as a consequence of the adjustment of the capital key weightings as described in Article 2 of Decision ECB/2003/17, the NCBs shall transfer capital shares among themselves via transfers to and from the ECB to ensure that the distribution of capital shares on 1 January 2004 corresponds to the adjusted weightings. To this effect, each NCB shall, by virtue of this Article and without any further formality or act being required, either transfer or receive on 1 January 2004 the share in the ECB's subscribed capital set out next to its name in the fourth column of the table in Annex I to this Decision, whereby "+" shall refer to a capital share that the ECB shall transfer to the NCB and "-" to a capital share that the NCB shall transfer to the ECB.Article 2Adjustment of the paid-up capital1. Considering the amount of the ECB's capital that each NCB has paid up and the amount of the ECB's capital that each NCB shall pay up on 1 January 2004, as set out in Article 1 of Decision ECB/2003/18 for the participating NCBs and Article 1 of Decision ECB/2003/19 for the non-participating NCBs respectively, each NCB shall on 2 January 2004 either transfer or receive the net amount (in euro) set out next to its name in the fourth column of the table in Annex II to this Decision, whereby "+" shall refer to an amount that the NCB shall transfer to the ECB and "-" to an amount that the ECB shall transfer to that NCB.2. On 2 January 2004, the ECB and the NCBs that are under an obligation to transfer an amount under paragraph 1 shall each separately transfer any interest accruing over the period from 1 January 2004 until 2 January 2004 on the respective amounts due from the ECB and such NCBs under paragraph 1. The transferors and recipients of this interest shall be the same as the transferors and recipients of the amounts on which the interest accrues.Article 3General provisions1. The transfers described in Article 2 shall take place through the Trans-European Automated Real-time Gross settlement Express Transfer system (TARGET).2. Any interest accruing under Article 2(2) shall be calculated on a daily basis, using the actual 360-day method of calculation, at a rate equal to the marginal interest rate used by the European System of Central Banks in its most recent main refinancing operation.3. The ECB and NCBs that are under an obligation to make a transfer under Article 2 shall, in due course, give the necessary instructions for duly executing such transfer on time.Article 4Final provisions1. This Decision shall enter into force on 19 December 2003.2. This Decision will be published in the Official Journal of the European Union.Done at Frankfurt am Main, 18 December 2003.For the Governing Council of the ECBJean-Claude Trichet(1) See page 27 of this Official Journal.(2) See page 29 of this Official Journal.(3) See page 31 of this Official Journal.(4) OJ L 8, 14.1.1999, p. 33.(5) OJ L 336, 30.12.2000, p. 110.(6) OJ L 110, 28.4.1999, p. 33.ANNEX INCBs' SUBSCRIBED CAPITAL>TABLE>ANNEX IINCBs' PAID UP CAPITAL>TABLE>


title: 2014/419/EU: Council Decision of 23 June 2014 on the position to be adopted by the European Union within the Joint Committee established by the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972 , as regards the replacement of Protocol 3 to that Agreement, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, by a new Protocol which, as regards the rules of origin, refers to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin

text:
               3.7.2014

               EN

               Official Journal of the European Union

               L 196/4

         COUNCIL DECISION
   of 23 June 2014
   on the position to be adopted by the European Union within the Joint Committee established by the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972, as regards the replacement of Protocol 3 to that Agreement, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, by a new Protocol which, as regards the rules of origin, refers to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin

      (2014/419/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4) in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Protocol 3 to the Agreement between the European Economic Community and the Swiss Confederation (1), (‘the Agreement’), concerns the definition of the concept of ‘originating products’ and methods of administrative cooperation, (‘Protocol 3’).

               (2)

               The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (2), (‘the Convention’), lays down provisions on the origin of goods traded under relevant Agreements concluded between the Contracting Parties.

               (3)

               The Union and Switzerland signed the Convention on 15 June 2011.

               (4)

               The Union and Switzerland deposited their instruments of acceptance with the depositary of the Convention on 26 March 2012 and 28 November 2011, respectively. As a consequence, in application of Article 10(3) of the Convention, the Convention entered into force in relation to the Union and Switzerland on 1 May 2012 and 1 January 2012, respectively.

               (5)

               Article 6 of the Convention provides that each Contracting Party is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the Joint Committee established by the Agreement should adopt a decision replacing Protocol 3 by a new Protocol which, with regard to the rules of origin, refers to the Convention.

               (6)

               The position of the Union within the Joint Committee should therefore be based on the attached draft decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be adopted on behalf of the European Union within the Joint Committee established by the Agreement between the European Economic Community and the Swiss Confederation, as regards the replacement of Protocol 3 to that Agreement, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, by a new Protocol which, as regards the rules of origin, refers to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin, shall be based on the draft decision of the Joint Committee attached to this Decision.
   Minor changes to the draft decision may be agreed to by the representatives of the Union in the Joint Committee without further decision of the Council.
   Article 2
   The Decision of the Joint Committee shall be published in the Official Journal of the European Union.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 23 June 2014.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 300, 31.12.1972, p. 189.

      (2)  OJ L 54, 26.2.2013, p. 4.

      DRAFT
      DECISION OF THE EU-SWITZERLAND JOINT COMMITTEE No
      of
      amending Protocol 3 to the Agreement between the European Economic Community and the Swiss Confederation concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation
      THE JOINT COMMITTEE,
      Having regard to the Agreement between the European Economic Community and the Swiss Confederation, signed in Brussels on 22 July 1972 (1), (‘the Agreement’), and in particular its Article 11,
      Having regard to Protocol 3 to the Agreement concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, (‘Protocol 3’),
      Whereas:

                  (1)

                  Article 11 of the Agreement refers to Protocol 3 which lays down the rules of origin and provides for cumulation of origin between the EU, Switzerland (including Liechtenstein), Iceland, Norway, Turkey, the Faroe Islands and the participants in the Barcelona Process (2).

                  (2)

                  Article 39 of Protocol 3 provides that the Joint Committee provided for in Article 29 of the Agreement may decide to amend the provisions of this protocol.

                  (3)

                  The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (3), (‘the Convention’), aims to replace the protocols on rules of origin currently in force among the countries of the pan-Euro-Mediterranean area with a single legal act.

                  (4)

                  The EU and Switzerland signed the Convention on 15 June 2011.

                  (5)

                  The EU and Switzerland deposited their instruments of acceptance with the depositary of the Convention on 26 March 2012 and 28 November 2011, respectively. Consequently, in application of its Article 10(3), the Convention entered into force in relation to the EU and Switzerland on 1 May 2012 and 1 January 2012, respectively.

                  (6)

                  The Convention has included the participants in the Stabilisation and Association Process in the pan-Euro-Mediterranean zone of cumulation of origin.

                  (7)

                  Where the transition towards the Convention is not simultaneous for all Contracting Parties within the cumulation zone, it should not lead to any less favourable situation than previously under the Protocol.

                  (8)

                  Protocol 3 to the Agreement should therefore be amended so as to make reference to the Convention,

            HAS ADOPTED THIS DECISION:
      Article 1
      Protocol 3 to the Agreement concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation shall be replaced by the text set out in the Annex to this Decision.
      Article 2
      This Decision shall enter into force on the date of its adoption.
      It shall apply from

         Done at

               For the Joint Committee

               The Chairman

         (1)  OJ L 300, 31.12.1972, p. 189.

         (2)  Algeria, Egypt, Israel, Jordan, Lebanon, Morocco, Palestine, Syria and Tunisia.

         (3)  OJ L 54, 26.2.2013, p. 4.

         ANNEX

            Protocol 3

            concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation

         Article 1
         Applicable rules of origin
         For the purpose of implementing this Agreement, Appendix I and the relevant provisions of Appendix II to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin (1), (‘the Convention’), shall apply.
         All references to the ‘relevant agreement’ in Appendix I and in the relevant provisions of Appendix II to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin shall be construed so as to mean this Agreement.
         Article 2
         Dispute settlement
         Where disputes arise in relation to the verification procedures of Article 32 of Appendix I to the Convention that cannot be settled between the customs authorities requesting the verification and the customs authorities responsible for carrying out this verification, they shall be submitted to the Joint Committee.
         In all cases the settlement of disputes between the importer and the customs authorities of the importing country shall take place under the legislation of that country.
         Article 3
         Amendments to the Protocol
         The Joint Committee may decide to amend the provisions of this Protocol.
         Article 4
         Withdrawal from the Convention
         1.   Should either the EU or Switzerland give notice in writing to the depositary of the Convention of their intention to withdraw from the Convention according to its Article 9, the EU and Switzerland shall immediately enter into negotiations on rules of origin for the purpose of implementing this Agreement.
         2.   Until the entry into force of such newly negotiated rules of origin, the rules of origin contained in Appendix I and, where appropriate, the relevant provisions of Appendix II to the Convention, applicable at the moment of withdrawal, shall continue to apply to this Agreement. However, as of the moment of withdrawal, the rules of origin contained in Appendix I and, where appropriate, the relevant provisions of Appendix II to the Convention shall be construed so as to allow bilateral cumulation between the EU and Switzerland only.
         Article 5
         Transitional provisions — cumulation
         1.   Notwithstanding Article 3 of Appendix I to the Convention, the rules on cumulation provided for in Articles 3 and 4 of Protocol 3 to this Agreement, as amended by Decision No 3/2005 of the EU-Switzerland Joint Committee of 15 December 2005 (2), shall continue to apply between the EU and Switzerland until the Convention has entered into application with relation to all Contracting Parties listed in Articles 3 and 4 of Protocol 3 to the Agreement.
         2.   Notwithstanding Articles 16(5) and 21(3) of Appendix I of the Convention, where cumulation involves only EFTA States, The Faroe Islands, the EU, Turkey and the participants in the Stabilisation and Association Process, the proof of origin may be a movement certificate EUR.1 or an origin declaration.

            (1)  OJ L 54, 26.2.2013, p. 4.

            (2)  OJ L 45, 15.2.2006, p. 2.


title: Commission Decision (EU) 2015/894 of 10 June 2015 appointing a member of the European Statistical Advisory Committee

text:
               11.6.2015

               EN

               Official Journal of the European Union

               L 146/29

         COMMISSION DECISION (EU) 2015/894
   of 10 June 2015
   appointing a member of the European Statistical Advisory Committee
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Decision No 234/2008/EC of the European Parliament and of the Council of 11 March 2008 establishing the European Statistical Advisory Committee and repealing Council Decision 91/116/EEC (1), and in particular Article 4(1)(a) thereof,
   Whereas:

               (1)

               The European Statistical Advisory Committee (ESAC) comprises 24 members.

               (2)

               Under Article 4(1) of Decision No 234/2008/EC, 12 members of the ESAC shall be appointed by the Commission.

               (3)

               By Commission Decision No 2014/C 138/02 of 5 May 2014, the Commission appointed 8 members of the ESAC and established a reserve list to be used in case of resignation or unexpected unavailability of an appointed member.

               (4)

               As one of the members appointed by Decision No 2014/C 138/02 has resigned, the Commission should appoint a new member of the ESAC from the reserve list, for a term expiring on the same day as that of the members appointed by Decision No 2014/C 138/02.

               (5)

               Selection from the reserve list should endeavour to maintain the balance between user groups,

         HAS ADOPTED THIS DECISION:
   Article 1
   Ms Asta Manninen is hereby appointed as a member of the European Statistical Advisory Committee for a term expiring on 8 May 2019.
   Article 2
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 10 June 2015.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 73, 15.3.2008, p. 13.


Avis juridique important

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31981D0406

81/406/EEC: Commission Decision of 4 June 1981 accepting undertakings in connection with the anti-dumping proceedings concerning imports of ball and tapered roller bearings, originating in Japan, Poland, Romania and the Soviet Union and terminating that proceeding

Official Journal L 152 , 11/06/1981 P. 0044

****( 1 ) OJ NO L 339 , 31 . 12 . 1979 , P . 1 .  ( 2 ) OJ NO C 235 , 18 . 9 . 1979 , P . 2 .    COMMISSION DECISION   OF 4 JUNE 1981   ACCEPTING UNDERTAKINGS IN CONNECTION WITH THE ANTI-DUMPING PROCEEDING CONCERNING IMPORTS OF BALL AND TAPERED ROLLER BEARINGS , ORIGINATING IN JAPAN , POLAND , ROMANIA AND THE SOVIET UNION AND TERMINATING THAT PROCEEDING  ( 81/406/EEC )   THE COMMISSION OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 3017/79 OF 20 DECEMBER 1979 ON PROTECTION AGAINST DUMPED OR SUBSIDIZED IMPORTS FROM COUNTRIES NOT MEMBERS OF THE COMMUNITY ( 1 ), AND IN PARTICULAR ARTICLE 10 THEREOF ,   AFTER CONSULTATIONS WITHIN THE ADVISORY COMMITTEE SET UP UNDER REGULATION ( EEC ) NO 3017/79 ,   WHEREAS THE COMMISSION RECEIVED A COMPLAINT LODGED BY THE FEDERATION OF EUROPEAN BEARING MANUFACTURERS '  ASSOCIATIONS REPRESENTING ALMOST ALL THE COMMUNITY ' S PRODUCTION OF BALL AND TAPERED ROLLER BEARINGS ; WHEREAS THE COMPLAINT CONTAINED EVIDENCE OF THE EXISTENCE OF DUMPING IN RESPECT OF LIKE PRODUCTS ORIGINATING IN JAPAN , POLAND , ROMANIA AND THE SOVIET UNION AND OF MATERIAL INJURY RESULTING THEREFROM ;   WHEREAS THE SAID EVIDENCE WAS SUFFICIENT TO JUSTIFY INITIATING AN INVESTIGATION ;   WHEREAS THE COMMISSION ACCORDINGLY ANNOUNCED , BY A NOTICE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES ( 2 ), THE INITIATION OF A PROCEEDING CONCERNING IMPORTS OF SUCH PRODUCTS ORIGINATING IN JAPAN , POLAND , ROMANIA AND THE SOVIET UNION , AND COMMENCED AN INVESTIGATION OF THE MATTER AT COMMUNITY LEVEL ;   WHEREAS THE COMMISSION OFFICIALLY SO ADVISED THE EXPORTERS AND IMPORTERS KNOWN TO BE CONCERNED AND THE REPRESENTATIVES OF JAPAN ;   WHEREAS THE COMMISSION HAS GIVEN THE PARTIES DIRECTLY CONCERNED THE OPPORTUNITY TO MAKE KNOWN THEIR VIEWS IN WRITING AND TO BE HEARD ORALLY , AND TO MEET SO THAT EACH SIDE MIGHT STATE ITS CASE ;   WHEREAS THE MAJORITY OF THE PARTIES CONCERNED HAVE TAKEN THIS OPPORTUNITY ;   WHEREAS IN ORDER TO ARRIVE AT AN ASSESSMENT OF THE DUMPING MARGIN AND INJURY , THE COMMISSION SOUGHT AND VERIFIED ALL INFORMATION IT DEEMED TO BE NECESSARY AND CARRIED OUT INSPECTIONS AT THE PREMISES OF THE FOUR MAJOR JAPANESE PRODUCERS , KOYO SEIKO CO . LTD , NACHI-FUJIKOSHI CORP ., NIPPON SEIKO K.K . AND NTN TOYO BEARING CO . LTD , WHICH TOGETHER ACCOUNT FOR THE VAST MAJORITY OF JAPANESE EXPORTS OF BALL AND TAPERED ROLLER BEARINGS TO THE COMMUNITY AND AT THE PREMISES OF IMPORTERS ACCOUNTING FOR ALMOST ALL IMPORTS OF THE PRODUCT CONCERNED , INCLUDING , IN FRANCE , IMPORT STANDARD OFFICE , KOYO FRANCE , NSK FRANCE SA , NTN FRANCE SA AND METALEXFRANCE SA , IN GERMANY , NMB GMBH , DEUTSCHE KOYO WALZLAGER VERKAUFS-GMBH , NSK KUGELLAGER GMBH , NTN WALZLAGER  ( EUROPA ) GMBH , NACHI ( DEUTSCHLAND ) GMBH , FLT-METALL GMBH AND STIEGELMEIER GMBH , IN THE UNITED KINGDOM , NTN BEARINGS-GKN LTD , NSK BEARINGS EUROPE LTD , NACHI ( UK ) LTD , KOYO ( UK ) LTD , NMB ( UK ) LTD , FLT AND METALS LTD AND PATRICE SALES ( UK ) LTD ; WHEREAS THE COMMISSION ALSO CARRIED OUT INSPECTIONS AT THE PREMISES OF THE FOLLOWING COMMUNITY MANUFACTURERS CONCERNED , FAG KUGELFISCHER , SKF KUGELLAGEFABRIKEN , SNR ROULEMENTS , SKF  ( UK ) LTD , RANSOME HOFFMAN , POLLARD LTD AND BRITISH TIMKEN ;   WHEREAS , FOR A DETERMINATION OF DUMPING THE COMMISSION SELECTED AS THE INVESTIGATION PERIOD THAT OF 1 JULY 1978 TO 30 JUNE 1979 AND , IN VIEW OF THE FACT THAT MANY THOUSANDS OF DIFFERENT TYPES OF BEARINGS ARE SOLD IN THE COMMUNITY , IT CONSIDERED THAT THE 100 TYPES WHICH WERE , BY VALUE , THE MOST IMPORTANT SOLD BY EACH OF THE EXPORTERS IN FRANCE , GERMANY AND THE UNITED KINGDOM WOULD PROVIDE A REPRESENTATIVE SAMPLE ; WHEREAS THE EXPORTERS AND IMPORTERS WERE REQUESTED TO PROVIDE THEIR DATA ON THE BASIS OF THAT INVESTIGATION PERIOD AND THOSE TYPES ;   WHEREAS , IN ORDER TO ESTABLISH WHETHER THE ABOVEMENTIONED IMPORTS WERE DUMPED , THE COMMISSION HAD TO TAKE INTO ACCOUNT THE FACT THAT POLAND , ROMANIA AND THE SOVIET UNION ARE NOT MARKET ECONOMY COUNTRIES ;   WHEREAS FOR THAT REASON , THE COMMISSION HAD TO BASE ITS CALCULATIONS ON THE NORMAL VALUE IN A MARKET ECONOMY COUNTRY ; WHEREAS , IN THAT CONNECTION , THE COMPLAINT HAD CITED THE AUSTRIAN AND JAPANESE DOMESTIC MARKETS ;   WHEREAS , HOWEVER , THE COMMISSION DECIDED THAT THE JAPANESE EXPORT PRICES TO THE COMMUNITY WOULD CONSTITUTE A MORE APPROPRIATE BASIS FOR COMPARISON SINCE THE EAST EUROPEAN EXPORTS WERE COMPETING WITH JAPANESE EXPORTS IN THE COMMUNITY ; WHEREAS THE COMPLAINANTS WERE INFORMED OF THIS FACT AND DID NOT OBJECT ; WHEREAS THE REPRESENTATIVES OF THE EAST EUROPEAN EXPORTERS WERE LIKEWISE INFORMED AND DID NOT SUGGEST ANY ALTERNATIVE NORMAL VALUE WHICH WOULD BE COMPATIBLE WITH REGULATION ( EEC ) NO 3017/79 ;   WHEREAS THE PRELIMINARY DETERMINATION OF DUMPING WAS ACCORDINGLY MADE BY COMPARING THE WEIGHTED AVERAGE JAPANESE EXPORT PRICES OVER THE PERIOD JULY 1978 TO JUNE 1979 WITH WEIGHTED AVERAGE EXPORT PRICES FROM POLAND , ROMANIA AND THE SOVIET UNION INTO THE COMMUNITY OVER THE SAME PERIOD AT EX-WORKS LEVEL ;   WHEREAS , IN THE CASE OF IMPORTS INTO GERMANY AND THE UNITED KINGDOM FROM POLAND , THE EXPORT PRICES WERE CONSTRUCTED ON THE BASIS OF THE WEIGHTED AVERAGE PRICES AT WHICH THE IMPORTED PRODUCTS WERE FIRST RESOLD TO AN INDEPENDENT BUYER , SINCE BOTH THE IMPORTERS HAD ASSOCIATIONS WITH THE EXPORTER ; WHEREAS , FOR THE PURPOSES OF THIS CONSTRUCTION , ALLOWANCE WAS MADE FOR ALL COSTS INCURRED BETWEEN IMPORTATION AND RESALE , INCLUDING DUTIES AND TAXES , AND FOR A REASONABLE PROFIT MARGIN OF 6 % WHICH WAS THE ARITHMETIC AVERAGE OF THE PERCENTAGE PROFIT MARGINS OF IMPORTERS OF BEARINGS WHICH HAD SUPPLIED INFORMATION TO THE COMMISSION ;   WHEREAS THE ABOVE PRELIMINARY EXAMINATION OF THE FACTS SHOWS THE EXISTENCE OF DUMPING IN RESPECT OF IMPORTS FROM POLAND , ROMANIA AND THE SOVIET UNION IN THE INVESTIGATION PERIOD , THE DUMPING MARGIN BEING EQUAL TO THE AMOUNT BY WHICH THE NORMAL VALUE AS ESTABLISHED ABOVE EXCEEDS THE EXPORT PRICE TO THE COMMUNITY ; WHEREAS THE SAID MARGINS VARIED ACCORDING TO TYPE , EXPORTING COUNTRY AND IMPORTING MEMBER STATE FROM 0 TO 59 % FOR POLAND , FROM 0 TO 99 % FOR ROMANIA AND FROM 0 TO 122 % FOR THE SOVIET UNION ; WHEREAS THE WEIGHTED AVERAGE OF THESE MARGINS WAS , FOR POLAND , 16 % IN FRANCE AND THE UNITED KINGDOM AND 31 % IN GERMANY , FOR ROMANIA , 37 % IN FRANCE , 22 % IN GERMANY AND 32 % IN THE UNITED KINGDOM , AND FOR THE SOVIET UNION , 63 % IN FRANCE , THE ONLY MEMBER STATE FOR WHICH SUFFICIENT EVIDENCE WAS AVAILABLE ON WHICH TO BASE CALCULATIONS ;   WHEREAS , FOR THE PURPOSE OF ASSESSING DUMPING ON IMPORTS FROM JAPAN THE COMMISSION BASED ITS DETERMINATION OF NORMAL VALUE ON THE WEIGHTED AVERAGE PRICES CHARGED BY EACH OF THE FOUR MAJOR JAPANESE PRODUCERS ON THE DOMESTIC MARKET DURING THE INVESTIGATION PERIOD ;   WHEREAS FOR ALL THE EXPORT SALES CONSIDERED , EXCEPT FOR EXPORTS BY NACHI-FUJIKOSHI CORP . TO FRANCE , THE EXPORT PRICES WERE CONSTRUCTED ON THE BASIS OF THE WEIGHTED AVERAGE PRICES AT WHICH THE IMPORTED PRODUCTS WERE FIRST RESOLD TO AN INDEPENDENT BUYER DURING THE INVESTIGATION PERIOD SINCE THE EXPORTERS AND THE IMPORTERS WERE ASSOCIATED ; WHEREAS , FOR THE PURPOSE OF THIS CONSTRUCTION , ALLOWANCE WAS MADE FOR ALL COSTS INCURRED BETWEEN IMPORTATION AND RESALE , INCLUDING DUTIES AND TAXES , AND FOR A REASONABLE PROFIT MARGIN OF 6 % , THE AVERAGE PROFIT MARGIN REALIZED BY IMPORTERS OF BEARINGS IN THE COMMUNITY FROM WHOM INFORMATION WAS RECEIVED ;   WHEREAS FOR EXPORTS BY NACHI-FUJIKOSHI CORP . TO FRANCE THE EXPORT PRICES WERE DETERMINED ON THE BASIS OF THE WEIGHTED AVERAGE PRICES ACTUALLY PAID OR PAYABLE FOR THE PRODUCTS SOLD BY NACHI FOR EXPORT DURING THE INVESTIGATION PERIOD ;   WHEREAS THE COMPARISONS WERE MADE ON A WEIGHTED AVERAGE BASIS AT THE EX-FACTORY LEVEL ;   WHEREAS ALL THE PRODUCERS CLAIMED THAT , FOR THE PURPOSE OF A FAIR COMPARISON , ACCOUNT SHOULD BE TAKEN OF DIFFERENCES IN DISTRIBUTION AND SELLING COSTS ON DOMESTIC AND EXPORT MARKETS AND DIFFERENCES IN PAYMENT TERMS ;   WHEREAS THE COMMISSION TOOK ACCOUNT OF THE DIFFERENCES AFFECTING PRICE COMPARABILITY WITH RESPECT TO VARIABLE DISTRIBUTION AND SELLING COSTS , SALESMEN ' S SALARIES AND PAYMENT CONDITIONS WHERE CLAIMS IN THESE AREAS COULD BE SATISFACTORILY DEMONSTRATED ;   WHEREAS , MOREOVER , ONE OF THE PRODUCERS CLAIMED THAT FOR CERTAIN TYPES ITS SALE ON THE JAPANESE DOMESTIC MARKET WERE SO NEGLIGIBLE AS NOT TO PERMIT A PROPER COMPARISON ; WHEREAS THE COMMISSION ESTABLISHED NORMAL VALUE FOR THESE TYPES ON THE BASIS OF THE WEIGHTED AVERAGE PRICES OF SIMILAR TYPES , ADJUSTED TO TAKE ACCOUNT OF THE DIFFERENCE IN THE MARKET VALUE OF THE PRODUCTS ;   WHEREAS THE COMPARISONS SHOWED DUMPING ON THE PART OF EACH OF THE FOUR MAJOR JAPANESE PRODUCERS IN THE INVESTIGATION PERIOD ; WHEREAS THESE MARGINS VARIED ACCORDING TO TYPE , PRODUCER AND IMPORTING MEMBER STATE ; WHEREAS THE RANGE OF MARGINS WAS A FOLLOWS : KOYO SEIKO 0 % TO 40 % , NACHI-FUJIKOSHI 0 % TO 81 % , NIPPON SEIKO 0 % TO 84 % , NTN TOYO 0 % TO 26 % ;   WHEREAS THE WEIGHTED AVERAGE OF THESE MARGINS WAS , FOR KOYO SEIKO , 2 % IN FRANCE , 2 % IN GERMANY AND 19 % IN THE UNITED KINGDOM , FOR NACHI-FUJIKOSHI , 12 % IN FRANCE , 19 % IN GERMANY AND 11 % IN THE UNITED KINGDOM , FOR NIPPON SEIKO , 20 % IN FRANCE , 11 % IN GERMANY AND 19 % IN THE UNITED KINGDOM , FOR NTN TOYO , 1 % IN FRANCE , 2 % IN GERMANY AND 4 % IN THE UNITED KINGDOM ;   WHEREAS , WITH REGARD TO THE INJURY CAUSED TO THE COMMUNITY INDUSTRY , THE EVIDENCE AVAILABLE TO THE COMMISSION SHOWS THAT IMPORTS INTO FRANCE , GERMANY AND THE UNITED KINGDOM , THE THREE MEMBER STATES MOST CONCERNED , FROM JAPAN , POLAND , ROMANIA AND THE SOVIET UNION OF BALL AND TAPERED ROLLER BEARINGS INCREASED FROM 13 210 TONNES IN 1978 TO 8 178 TONNES IN THE FIRST HALF OF 1980 ;   WHEREAS THE MARKET SHARE OF THE FOUR EXPORTING COUNTRIES CONCERNED HAS THUS INCREASED FROM 10.6 % IN 1978 TO 13 % IN THE FIRST HALF OF 1980 IN FRANCE , GERMANY AND THE UNITED KINGDOM ;   WHEREAS THE WEIGHTED AVERAGE RESALE PRICES OF THESE IMPORTS OF CERTAIN REPRESENTATIVE TYPES UNDERCUT THE PRICES OF THE COMMUNITY PRODUCERS DURING THE INVESTIGATION PERIOD BY 12 % IN GERMANY , 35 % IN FRANCE AND 20 % IN THE UNITED KINGDOM FOR JAPANESE PRODUCTS , BY 36 % IN GERMANY , 32 % IN FRANCE AND 46 % IN THE UNITED KINGDOM FOR POLISH PRODUCTS , BY 38 % IN GERMANY , 39 % IN FRANCE AND 37 % IN THE UNITED KINGDOM FOR ROMANIAN PRODUCTS AND BY 44 % IN FRANCE , THE ONLY MARKET FOR WHICH RELEVANT INFORMATION WAS PROVIDED , FOR SOVIET PRODUCTS ;   WHEREAS THE CONSEQUENT IMPACT ON THE COMMUNITY INDUSTRY HAS LED TO MOST OF THE BEARING PRODUCERS IN THE COMMUNITY MAKING LOSSES OR SHOWING STEADILY DECREASING PROFITS ;   WHEREAS THE COMMISSION HAS CONSIDERED WHETHER INJURY HAS BEEN CAUSED BY OTHER FACTORS SUCH AS THE VOLUME AND PRICES OF UNDUMPED IMPORTS OR THE STAGNATION OF DEMAND ; WHEREAS , HOWEVER , THE SUBSTANTIAL INCREASE IN DUMPED IMPORTS AND THE PRICES AT WHICH THEY ARE OFFERED FOR SALE IN THE COMMUNITY LED THE COMMISSION TO DETERMINE THAT THE DUMPED IMPORTS OF BALL AND TAPERED ROLLER BEARINGS ORIGINATING IN JAPAN , POLAND , ROMANIA AND THE SOVIET UNION , TAKEN IN ISOLATION , HAVE CAUSED MATERIAL INJURY TO THE COMMUNITY INDUSTRY CONCERNED ;   WHEREAS AFTER BEING INFORMED OF THE MAIN FINDINGS OF THE INVESTIGATION , THE FOLLOWING EXPORTERS , KOYO SEIKO CO . LTD , NACHI-FUJIKOSHI CORP ., NIPPON SEIKO K.K . AND NTN TOYO BEARING CO . LTD ( JAPAN ), CIE IMPEXMETAL ( POLAND ), TECNO IMPORT-EXPORT ( ROMANIA ) AND STANKO IMPORT ( SOVIET UNION ), HAVE OFFERED UNDERTAKINGS ; WHEREAS THESE UNDERTAKINGS ELIMINATE THE DUMPING MARGINS FOUND IN CERTAIN CASES AND IN THE OTHER CASES ELIMINATE THE INJURIOUS EFFECTS OF THE DUMPING ;   WHEREAS THE COMMISSION CONSIDERS THESE UNDERTAKINGS TO BE ACCEPTABLE ; WHEREAS , HOWEVER , IT WILL CLOSELY MONITOR COMPLIANCE WITH THESE UNDERTAKINGS IN PARTICULAR BY CARRYING OUT ANY NECESSARY CHECKS AND INSPECTIONS ; WHEREAS , MOREOVER , SHOULD THE INCREASED PRICES IN THE UNDERTAKINGS NOT BE PASSED ON TO THE COMMUNITY MARKET OR SHOULD THE UNDERTAKINGS BE CIRCUMVENTED IN ANY WAY OR WHOULD THE EXISTING EXPORTS SIMPLY BE REPLACED BY OTHER DUMPING EXPORTS , THE COMMISSION WILL TAKE APPROPRIATE ACTION ,   HAS DECIDED AS FOLLOWS :   ARTICLE 1   THE COMMISSION HEREBY ACCEPTS THE UNDERTAKINGS OFFERED BY KOYO SEIKO CO . LTD , NACHI-FUJIKOSHI CORP ., NIPPON SEIKO K.K . AND NTN TOYO BEARING CO . LTD , ( JAPAN ), CIE IMPEXMETAL  ( POLAND ), TECNO IMPORT EXPORT ( ROMANIA ) AND STANKO IMPORT  ( SOVIET UNION ), IN CONNECTION WITH THE ANTI-DUMPING PROCEEDING CONCERNING IMPORTS OF BALL AND TAPERED ROLLER BEARINGS ( NIMEXE CODES 84.62-11 , 17 ; COMMON CUSTOMS TARIFF SUBHEADING EX 84.62 A ), ORIGINATING IN JAPAN , POLAND , ROMANIA AND THE SOVIET UNION .   ARTICLE 2   THE ANTI-DUMPING PROCEEDING IS HEREBY TERMINATED IN RESPECT OF IMPORTS OF THE PRODUCTS REFERRED TO IN ARTICLE 1 .   DONE AT BRUSSELS , 4 JUNE 1981 .   FOR THE COMMISSION   WILHELM HAFERKAMP   VICE-PRESIDENT


Avis juridique important

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31995D0552

Council Decision of 19 December 1995 supplementing Decision 95/517/CFSP concerning the joint action, adopted by the Council on the basis of Article J.3 of the Treaty on European Union, on continued support for European Union administration of the town of Mostar

Official Journal L 313 , 27/12/1995 P. 0001 - 0001

COUNCIL DECISIONof 19 December 1995supplementing Decision 95/517/CFSP concerning the joint  action, adopted by the Council on the basis of Article J.3 of the Treaty on European Union, on  continued support for European Union administration of the town of Mostar(95/552/CFSP) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Articles J.3 and J.11 thereof, Having regard to Council Decision 95/517/CFSP of 4 December 1995 concerning the joint action on  continued support for European Union administration of the town of Mostar (1), HAS DECIDED AS FOLLOWS: 1. The total budget corresponding to the requirements for European Union  administration of the town of Mostar up to 22 July 1996 shall be set at a maximum of ECU 32  million. The whole of this amount shall be borne by the general budget of the European  Communities. 2. The financial resources available for this purpose, within the limit stipulated, shall meet the  following requirements as evaluated by the Administrator of the town of Mostar: (i) aid for the building sector, rehabilitation of badly damaged housing and demolition of  irreparably damaged constructions; (ii) utilities (energy, water and sewage system, postal and telecommunications services, rubbish  collection); (iii) support for the economic sector; (iv) transport (infrastructure and equipment); (v) health and social services; (vi) education, culture and sport; (vii) strengthening the municipal administration (including unified police); (viii) reinsertion of displaced persons; (ix) operating expenditure and ordinary expenses of the administration. 3. The funds shall be paid into an account opened in the name of the Administrator of the town of  Mostar. The implementation of this support action, in particular with regard to the financial resources  available for that purpose within the limits laid down, shall be carried out as follows: The Administrator shall assess the requirements, and the means necessary for their financing, and  shall communicate those particulars to the Presidency of the Council. On the basis of those particulars, the Presidency, assisted by an advisory Working Party composed  of representatives of the Member States and acting in association with the Commission, shall issue  guidelines, determine what measures are needed to meet those requirements and decide to release the  amounts necessary to finance them one tranche at a time. 4. The Administrator shall carry out those guidelines and measures and shall regularly submit  reports to the Presidency, which shall forward them to the advisory Working Party and the  Commission. 5. The European Court of Auditors is invited to audit the Administrator's accounts. 6. At the end of the procedure referred to in point 3 of this Decision, the management of the  expenditure financed by the amount set in paragraph 1 shall be carried out in compliance with  Community procedures and rules applicable to budget matters. 7. This Decision shall enter into force on the date of its adoption. It shall apply until 22 July  1996. 8. This Decision shall be published in the Official Journal. Done at Brussels, 19 December 1995. For the CouncilThe PresidentL. ATIENZA SERNA(1) OJ No L 298, 11. 12. 1995,  p. 4.


title: 2014/723/EU: Decision of the European Central Bank of 17 September 2014 on the implementation of separation between the monetary policy and supervision functions of the European Central Bank (ECB/2014/39)

text:
               18.10.2014

               EN

               Official Journal of the European Union

               L 300/57

         DECISION OF THE EUROPEAN CENTRAL BANK
   of 17 September 2014
   on the implementation of separation between the monetary policy and supervision functions of the European Central Bank

      (ECB/2014/39)

      (2014/723/EU)

   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (1), and in particular Article 25(1), (2) and (3) thereof,
   Whereas:

               (1)

               Regulation (EU) No 1024/2013 (hereinafter the ‘SSM Regulation’) establishes the Single Supervisory Mechanism (SSM) composed of the European Central Bank (ECB) and the national competent authorities (NCAs) of participating Member States.

               (2)

               Article 25(2) of the SSM Regulation requires the ECB to carry out its supervisory tasks without prejudice to and separately from its tasks relating to monetary policy and any other tasks. The ECB's supervisory tasks should neither interfere with, nor be determined by, its tasks relating to monetary policy. Moreover, these supervisory tasks should not interfere with the ECB's tasks in relation to the European Systemic Risk Board (ESRB) or any other tasks. The ECB is required to report to the European Parliament and to the Council as to how it has complied with this provision. The ECB's supervisory tasks may not alter the ongoing monitoring of the solvency of its monetary policy counterparties. Furthermore, the staff involved in carrying out supervisory tasks should be organisationally separate from the staff involved in carrying out other tasks conferred on the ECB and subject to separate reporting lines.

               (3)

               Article 25(3) of the SSM Regulation requires the ECB, for the purposes of Article 25(1) and (2), to adopt and make public any necessary internal rules, including rules regarding professional secrecy and information exchange between the two functional areas.

               (4)

               Article 25(4) of the SSM Regulation requires the ECB to ensure that the operation of the Governing Council is completely differentiated as regards monetary and supervisory functions. Such differentiation shall include strict separation of meetings and agendas.

               (5)

               In order to ensure separation between monetary policy and supervisory tasks, Article 25(5) of the SSM Regulation requires the ECB to set up a mediation panel to resolve differences of views expressed by the competent authorities of participating Member States concerned regarding an objection of the Governing Council to a draft decision by the Supervisory Board. It will include one member per participating Member State, chosen by each Member State among the members of the Governing Council and the Supervisory Board. Its decisions are to be made by a simple majority, with each member having one vote. The ECB is obliged to adopt and make public a regulation setting up the mediation panel and its rules of procedure; in that context, the ECB adopted Regulation (EU) No 673/2014 of the European Central Bank (ECB/2014/26) (2).

               (6)

               The ECB's Rules of Procedure have been amended (3) in order to adjust the internal organisation of the ECB and its decision-making bodies to the new requirements arising from the SSM Regulation and clarify the interaction of the bodies involved in the process of preparing and adopting supervisory decisions.

               (7)

               Articles 13g to 13j of the ECB's Rules of Procedure provide details on the adoption of decisions by the Governing Council regarding matters related to the SSM Regulation. In particular, Article 13g concerns the adoption of decisions for the purpose of carrying out the tasks referred to in Article 4 of the SSM Regulation, and Article 13h concerns the adoption of decisions for the purpose of carrying out the tasks referred to in Article 5 of the SSM Regulation, implementing the requirements laid down in Article 26(8) of the SSM Regulation.

               (8)

               Article 13k of the ECB's Rules of Procedure provides that the ECB must carry out supervisory tasks without prejudice to and separately from its tasks relating to monetary policy and from any other tasks. In this respect, the ECB is required to take all necessary measures to ensure separation between its monetary policy and supervisory functions. At the same time, the separation of the monetary policy and the supervisory functions should not preclude the exchange between these two functional areas of information necessary for the achievement of ECB and European System of Central Banks (ESCB) tasks.

               (9)

               Article 13l of the ECB's Rules of Procedure provides that Governing Council meetings regarding supervisory tasks must take place separately from regular Governing Council meetings and have separate agendas.

               (10)

               According to Article 13m of the ECB's Rules of Procedure on the ECB's internal structure in relation to supervisory tasks, the competence of the Executive Board in respect of the ECB's internal structure and staff encompasses supervisory tasks. The Executive Board is to consult the Chair and the Vice Chair of the Supervisory Board on this internal structure. The Supervisory Board, in agreement with the Executive Board, may establish and dissolve substructures of a temporary nature, such as working groups or task forces. These are to assist in work regarding supervisory tasks and report to the Supervisory Board. Article 13m also provides for the appointment of the Secretary of the Supervisory Board and the Steering Committee by the President of the ECB, after having consulted the Chair of the Supervisory Board. The Secretary is to liaise with the Secretary of the Governing Council when preparing the meetings of the Governing Council regarding supervisory tasks and be responsible for drafting the proceedings of these meetings.

               (11)

               Recital 66 of the SSM Regulation states that organisational separation of staff should concern all services needed for independent monetary policy purposes and should ensure that the exercise of the supervisory tasks is fully subject to democratic accountability and oversight as provided for by the SSM Regulation. The staff involved in carrying out supervisory tasks should report to the Chair of the Supervisory Board. Within this framework, in order to fulfil the requirements contained in Article 25(2) of the SSM Regulation (4), the ECB has established a structure of four Directorates-General for the performance of supervisory tasks and a Secretariat to the Supervisory Board, functionally reporting to the Chair and Vice Chair of the Supervisory Board. The ECB has further identified several business areas to provide support to both the monetary policy and supervisory functions of the ECB as shared services, where such support will not lead to conflicts of interest between the ECB's supervisory and monetary policy objectives. Divisions dedicated to supervisory tasks have been established within several ‘shared service’ business areas.

               (12)

               Article 37 of the Statute of the European System of Central Banks and of the European Central Bank lays down the obligation of professional secrecy for members of the governing bodies and the staff of the ECB and the national central banks. Recital 74 of the SSM Regulation states that the Supervisory Board, the steering committee and staff of the ECB carrying out supervisory duties should be subject to appropriate professional secrecy requirements. Article 27 of the SSM Regulation extends the obligation of professional secrecy to members of the Supervisory Board, and staff seconded by participating Member States carrying out supervisory duties.

               (13)

               The exchange of information between the ECB's monetary policy and supervisory functions should be organised in strict compliance with the limits established by Union law (5), taking into account the principle of separation. Obligations protecting confidential information, as provided for in applicable laws and regulations, such as Council Regulation (EC) No 2533/98 (6) on the collection of confidential statistical data and the provisions of Directive 2013/36/EU of the European Parliament and of the Council (7) relating to the sharing of supervisory information, will apply. Subject to the conditions set forth in this Decision, the principle of separation applies to the exchange of confidential information from both the monetary policy to the supervisory function as well as from the supervisory to the monetary policy function of the ECB.

               (14)

               According to recital 65 of the SSM Regulation, the ECB is responsible for carrying out monetary policy functions with a view to maintaining price stability in accordance with Article 127(1) of the Treaty on the Functioning of the European Union (TFEU). The objective of its supervisory tasks is to protect the safety and soundness of credit institutions and the stability of the financial system. They should therefore be carried out in full separation from the monetary policy functionin order to avoid conflicts of interest and to ensure that each of these policy functions is exercised in accordance with its particular objectives. At the same time, effective separation between the monetary policy and supervisory functions should not prevent the reaping, wherever possible and desirable, of all the benefits to be expected as a result of combining these two policy functions in the same institution, including drawing on the ECB's extensive expertise in macroeconomic and financial stability issues and reducing double work when gathering information. It is therefore necessary to put in place mechanisms that allow an adequate flow of data and other confidential information between the two policy functions,

         HAS ADOPTED THIS DECISION:
   Article 1
   Scope and objectives
   1.   This Decision sets out the arrangements complying with the requirement to separate the ECB's monetary policy function from its supervisory function (together referred to as ‘the policy functions’), in particular with respect to professional secrecy and the exchange of information between the two policy functions.
   2.   The ECB shall carry out its supervisory tasks without prejudice to and separately from its tasks relating to monetary policy and any other tasks. The ECB's supervisory tasks shall neither interfere with, nor be determined by, its tasks relating to monetary policy. The ECB's supervisory tasks shall moreover not interfere with its tasks in relation to the ESRB or any other tasks. The ECB's supervisory tasks and the ongoing monitoring of the financial soundness and solvency of the Eurosystem's monetary policy counterparties shall be articulated in a way which does not lead to distorting the finality of either of these functions.
   3.   The ECB shall ensure that the operation of the Governing Council is completely differentiated as regards monetary and supervisory functions. Such differentiation shall include strict separation of meetings and agendas.
   Article 2
   Definitions
   For the purposes of this Decision:

               (1)

               ‘confidential information’ means information classified as ‘ECB-CONFIDENTIAL’ or ‘ECB-SECRET’ under the ECB's confidentiality regime; other confidential information, including information covered by data protection rules or by the obligation of professional secrecy, created within the ECB or forwarded to it by other bodies or individuals; any confidential information falling under the professional secrecy rules of Directive 2013/36/EU; as well as confidential statistical information in accordance with Regulation (EC) No 2533/98;

               (2)

               ‘need to know’ means the need to have access to confidential information necessary for the fulfilment of a statutory function or task of the ECB, which in case of information labelled as ‘ECB-CONFIDENTIAL’ shall be broad enough to enable staff to access information relevant to their tasks and take over tasks from colleagues with minimal delays;

               (3)

               ‘raw data’ means data transmitted by reporting agents, after statistical processing and validation, or data generated by the ECB through the execution of its functions;

               (4)

               ‘ECB Confidentiality Regime’ means the regime of the ECB which defines how to classify, handle and protect confidential ECB information.

         Article 3
   Organisational separation
   1.   The ECB shall maintain autonomous decision-making procedures for its supervisory and monetary policy functions.
   2.   All work units of the ECB shall be placed under the managing direction of the Executive Board. The competence of the Executive Board in respect of the ECB's internal structure and the staff of the ECB shall encompass the supervisory tasks. The Executive Board shall consult the Chair and the Vice Chair of the Supervisory Board on such internal structure.
   3.   ECB staff involved in carrying out supervisory tasks shall be organisationally separated from the staff involved in carrying out other tasks conferred on the ECB. Staff involved in carrying out supervisory tasks shall report to the Executive Board in respect of organisational, human resources and administrative issues, but shall be subject to functional reporting to the Chair and the Vice Chair of the Supervisory Board, subject to the exception in paragraph 4.
   4.   The ECB may establish shared services providing support to both the monetary policy and the supervisory function in order to ensure that these support functions are not duplicated, thus helping to guarantee the efficient and effective delivery of services. Such services shall not be subject to Article 6 as regards any information exchanges by them with the relevant policy functions.
   Article 4
   Professional secrecy
   1.   Members of the Supervisory Board, of the Steering Committee and of any substructures established by the Supervisory Board, staff of the ECB and staff seconded by participating Member States carrying out supervisory duties shall be required, even after their duties have ceased, not to disclose information of the kind covered by the obligation of professional secrecy.
   2.   Persons having access to data covered by Union legislation imposing an obligation of secrecy shall be subject to such legislation.
   3.   The ECB shall subject individuals who provide any service, directly or indirectly, permanently or occasionally, related to the discharge of supervisory duties to equivalent professional secrecy requirements by means of contractual arrangements.
   4.   The rules on professional secrecy contained in Directive 2013/36/EU shall apply to the persons specified in paragraphs 1 to 3. In particular, confidential information that such persons receive in the course of their duties may be disclosed only in summary or aggregate form in such a way that individual credit institutions cannot be identified, without prejudice to cases covered by criminal law.
   5.   Nevertheless, where a credit institution has been declared bankrupt or is being compulsorily wound up, confidential information which does not concern third parties involved in attempts to rescue that credit institution may be disclosed in civil or commercial proceedings.
   6.   This Article shall not prevent the ECB's supervisory function from exchanging information with other Union or national authorities in line with applicable Union law. Information so exchanged shall be subject to paragraphs 1 to 5.
   7.   The ECB's confidentiality regime shall apply to the ECB's members of the Supervisory Board, ECB staff and staff seconded by participating Member States carrying out supervisory duties, even after their duties are ceased.
   Article 5
   General principles for the access to information between policy functions and classification
   1.   Notwithstanding Article 4, information may be exchanged between the policy functions provided that this is permitted under relevant Union law.
   2.   Information except raw data shall be classified in accordance with the ECB's confidentiality regime by the ECB policy function owning the information. Raw data shall be classified separately. The exchange of confidential information between the two policy functions shall be subject to the governance and procedural rules set out for this purpose, and to a need to know requirement, which shall be demonstrated by the requesting ECB policy function.
   3.   Access to confidential information by the supervisory or monetary policy function from the respective other policy function shall be determined by the ECB policy function that owns the information in accordance with the ECB's confidentiality regime, unless stated otherwise in this Decision. In the event of conflict between the two policy functions of the ECB regarding access to confidential information, the access to confidential information shall be determined by the Executive Board in compliance with the principle of separation. Consistency of decisions on access rights and adequate recording of such decisions shall be ensured.
   Article 6
   Exchange of confidential information between policy functions
   1.   The ECB's policy functions shall disclose confidential information in the form of non-anonymised common reporting (COREP) and financial reporting (FINREP) (8) data as well as other raw data to the respective other policy function of the ECB upon request on a need to know basis, subject to Executive Board approval, except where Union law provides otherwise. The ECB's supervisory function shall disclose confidential information in the form of anonymised COREP and FINREP data to the monetary policy function of the ECB upon request on a need to know basis, except where Union law provides otherwise.
   2.   The ECB's policy functions shall not disclose confidential information containing assessments or policy recommendations to the respective other policy function, except upon request on a need to know basis, and ensuring that each policy function is exercised in accordance with the applicable objectives, and where such disclosure has been expressly authorised by the Executive Board.
   The ECB's policy functions may disclose confidential aggregated information containing neither individual banking information nor policy-sensitive information related to the preparation of decisions to the respective other policy function upon request on a need to know basis, and ensuring that each policy function is exercised in accordance with the applicable objectives.
   3.   Analysis of the confidential information received under this Article shall be conducted autonomously by the receiving policy function in accordance with its objective. Any subsequent decision shall be taken solely on this basis.
   Article 7
   Exchange of confidential information involving personal data
   The exchange of information involving personal data shall be subject to applicable Union law on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
   Article 8
   Exchange of confidential information in emergency situations
   Notwithstanding Article 6, in an emergency situation as defined in Article 114 of Directive 2013/36/EU, the ECB's policy functions shall communicate, without delay, confidential information to the respective other policy function of the ECB, where that information is relevant for the exercise of its tasks in respect of the particular emergency at hand.
   Article 9
   Final provision
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

      Done at Frankfurt am Main, 17 September 2014.

            The President of the ECB

         Mario DRAGHI

      (1)  OJ L 287, 29.10.2013, p. 63.

      (2)  Regulation (EU) No 673/2014 of the European Central Bank of 2 June 2014 concerning the establishment of a Mediation Panel and its Rules of Procedure (ECB/2014/26) (OJ L 179, 19.6.2014, p. 72).

      (3)  Decision ECB/2014/1 of 22 January 2014 amending Decision ECB/2004/2 adopting the Rules of Procedure of the European Central Bank (OJ L 95, 29.3.2014, p. 56).

      (4)  See also recital O of the Interinstitutional Agreement between the European Parliament and the European Central Bank on the practical modalities of the exercise of democratic accountability and oversight over the exercise of the tasks conferred on the ECB within the framework of the Single Supervisory Mechanism (2013/694/EU) (OJ L 320, 30.11.2013, p. 1); and recital G of the Memorandum of Understanding between the Council of the European Union and the European Central Bank on the cooperation on procedures related to the Single Supervisory Mechanism (SSM).

      (5)  See recital H of the Interinstitutional Agreement. According to Recital 74 of the SSM Regulation, the requirements for the exchange of information with the staff not involved in supervisory activities should not prevent the ECB from exchanging information within the limits and under the conditions set out in the relevant Union legislation, including with the Commission for the purposes of its tasks under Articles 107 and 108 TFEU and under Union law on enhanced economic and budgetary surveillance.

      (6)  Council Regulation (EC) No 2533/98 of 23 November 1998 concerning the collection of statistical information by the European Central Bank (OJ L 318, 27.11.1998, p. 8).

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

      (8)  See 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, (OJ L 191, 28.6.2014, p. 1.)

      ANNEX
      EXCERPT FROM THE ECB CONFIDENTIALITY REGIME
      All documents created by the ECB must be assigned one of the five security classifications below.
      Documents received from parties outside the ECB are to be handled in accordance with the classification label on the document. If that document does not have a classification label, or the classification is assessed by the recipient as being too low, the document must be relabelled, with an appropriate ECB classification level clearly indicated at least on the first page. The classification should only be downgraded with the written permission of the originating organisation.
      The ECB's five security classifications with their access rights are listed below.

                  ECB-SECRET

                  :

                  Access within the ECB limited to those with a strict ‘need to know’, approved by an ECB senior manager of the originating business area, or above.

                  ECB-CONFIDENTIAL

                  :

                  Access within the ECB limited to those with a ‘need to know’ broad enough to enable staff to access information relevant to their tasks and take over tasks from colleagues with minimal delay.

                  ECB-RESTRICTED

                  :

                  Can be made accessible to ECB staff and, if appropriate, ESCB staff with a legitimate interest.

                  ECB-UNRESTRICTED

                  :

                  Can be made accessible to all ECB staff and, if appropriate, ESCB staff.

                  ECB-PUBLIC

                  :

                  Authorised to be made available to the general public.