title: 2014/609/EU: Decision of the European Parliament of 3 April 2014 on discharge in respect of the implementation of the budget of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2012

text:
               5.9.2014

               EN

               Official Journal of the European Union

               L 266/281

         DECISION OF THE EUROPEAN PARLIAMENT
   of 3 April 2014
   on discharge in respect of the implementation of the budget of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2012
   (2014/609/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2012,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2012, together with the Foundation’s replies (1),

               —

               having regard to the Council’s recommendation of 18 February 2014 (05849/2014 – C7-0054/2014),

               —

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

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

               —

               having regard to Regulation (EEC) No 1365/75 of the Council of 26 May 1975 on the creation of a European Foundation for the Improvement of Living and Working Conditions (4), and in particular Article 16 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5),

               —

               having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (6), and in particular Article 108 thereof,

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Employment and Social Affairs (A7-0183/2014),

               1.

               Grants the Director of the European Foundation for the Improvement of Living and Working Conditions discharge in respect of the implementation of the Foundation’s budget for the financial year 2012;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Director of the European Foundation for the Improvement of Living and Working Conditions, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 365, 13.12.2013, p. 221.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 139, 30.5.1975, p. 1.

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

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


title: 2004/710/EC: Decision of the European Parliament of 21 April 2004 concerning discharge to the Director of the European Agency for the Evaluation of Medicinal Products in respect of the implementation of its budget for the financial year 2002

text:
               21.4.2004

               EN

               Official Journal of the European Union

               L 330/20

         DECISION OF THE EUROPEAN PARLIAMENT
   of 21 April 2004
   concerning discharge to the Director of the European Agency for the Evaluation of Medicinal Products in respect of the implementation of its budget for the financial year 2002
   (2004/710/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the Court of Auditors' report on the financial statements of the European Agency for the Evaluation of Medicinal Products for the financial year 2002, together with the Agency's replies (1) (C5-0638/2003),
   having regard to the Council's recommendation of 9 March 2004 (C5-0143/2004),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof, and to Council Regulation (EC) No 1647/2003 of 18 June 2003 amending Regulation (EEC) No 2309/93 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Agency for the Evaluation of Medicinal Products (3), and in particular Article 57a thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,
   having regard to Rule 93a of and Annex V to its Rules of Procedure,
   having regard to the Report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Consumer Policy (A5-0212/2004),

               1.

               Gives discharge to the Director of the European Agency for the Evaluation of Medicinal Products, in respect of the implementation of its budget for the financial year 2002;

               2.

               Records its comments in the accompanying resolution;

               3.

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

            The Secretary-General

         Julian PRIESTLEY

            The President

         Pat COX

      (1)  OJ C 319, 30.12.2003, p. 22.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 245, 29.9.2003, p. 19.

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

               21.4.2004

               EN

               Official Journal of the European Union

               L 330/21

         RESOLUTION
   of the European Parliament containing the comments accompanying the decision on the discharge to the Director of the European Agency for the Evaluation of Medicinal Products in respect of the implementation of its budget for the financial year 2002
   THE EUROPEAN PARLIAMENT,
   having regard to the Court of Auditors' report on the financial statements of the European Agency for the Evaluation of Medicinal Products for the financial year 2002, together with the Agency's replies (1) (C5-0638/2003),
   having regard to the Council's recommendation of 9 March 2004 (C5-0143/2004),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof, and to Council Regulation (EC) No 1647/2003 of 18 June 2003 amending Regulation (EEC) No 2309/93 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Agency for the Evaluation of Medicinal Products (3), and in particular Article 57a thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,
   having regard to Rule 93a of and Annex V to its Rules of Procedure,
   having regard to the Report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Consumer Policy (A5-0212/2004),

               A.

               Whereas the European Court of Auditors (ECA) stated in its abovementioned report that it had obtained reasonable assurances that the accounts for the financial year ended 31 December 2002 are reliable and that the underlying transactions, taken as a whole, are legal and regular.

               B.

               Whereas, in accordance with Article 185 of the new Financial Regulation, Parliament is exercising for the first time its competence to give discharge to the Agency's Director in respect of the implementation of the EMEA budget for the financial year 2002.

               C.

               Whereas in inaugurating this new relationship with the Agency, Parliament's competent committee received information from this Agency in reply to questions it had forwarded to it.

               1.

               Notes the following figures for the accounts of the European Agency for the Evaluation of Medicinal Products for the financial years 2002 and 2001;
               Revenue and expenditure account for the financial years 2002 and 2001

                           (1000 euro)

                           2002

                           2001

                              Revenue received during the financial year
                               (5)

                           Commission subsidy

                           14 534

                           14 000

                           Community subsidy for orphan medicines

                           2 407

                           1 300

                           Fees

                           38 372

                           42 708

                           EEE contribution

                           313

                           288

                           Sundry revenue

                           1 750

                           4 504

                              Total revenue (a)

                              57 376

                              62 800

                              Expenditure

                              Staff — Title I of the budget

                           Payments

                           25 793

                           22 437

                           Appropriations carried over

                           424

                           538

                              Administration — Title II of the budget

                           Payments

                           8 807

                           8 143

                           Appropriations carried over

                           1 910

                           4 851

                              Operating expenditure — Title III of the budget

                           Payments

                           16 990

                           17 687

                           Appropriations carried over

                           4 477

                           8 113

                              Total expenditure (b)

                              58 401

                              61 769

                              Outturn for the financial year (a - b)
                               (6)

                              -1 025

                              1 031

                           Balance carried over from the previous financial year

                           4 040

                           1 926

                           Reimbursement to the Commission

                           -4 040

                           0

                           Sums carried over from the previous financial year and cancelled

                           1 377

                           1 258

                           Exchange rate differences

                           - 141

                           345

                           Other adjustments

                           - 211

                           - 520

                              Balance for the financial year

                              0

                              4 040

         Implementation of the budget — Financial rules

               2.

               Expects the Agency in adopting its financial rules to take full account of the suggestions contained in the Court of Auditors' opinion No 6/2003 of 17 July 2003;

               3.

               Welcomes the agreement that was reached between the Agency and the Commission on the payment of the Community subsidy in three instalments, intended to help reduce carry-overs; notes furthermore the revised procedure put in place, in agreement with the Court of Auditors, for the processing of commitments in the event that an inspection is decided upon, with a view to better complying with the annuality principle; invites the Agency to further comment on whether the use of differentiated appropriations might have a positive effect on the level of carry-overs;

               4.

               Stresses however that, despite the agreement reached, the carry-overs situation resulting from the procedure applied for inspections by a national agency would need to be improved;

               5.

               Notes with interest the agreement reached between the Agency and the Commission allowing, in compliance with the new Financial Regulation, for the positive balance of the outturn account of the Agency to be available on the budget line of the Community subsidy should its income from fees prove to be lower than forecast; points out that the responsibilities of the Agency, particularly in the field of pharmaco-vigilance, exceed those attributable to fees paid by companies seeking authorisation for medicinal products; takes the view that this solution, which allows for a different treatment to be reserved to carry-overs relating to Community subsidy revenue and fee income, is pragmatic and introduces the necessary flexibility, given the Agency's particular characteristics;

         Financial statements

               6.

               Notes the Agency's reply concerning the steps taken to improve the processing of advances paid for inspections and fees actually due; expects the Agency to further clarify the information given on the use of customers deposits;

         Legality and regularity of the underlying transactions

               7.

               Notes the steps taken to improve internal control procedures; expects the Agency to adequately comply with the requirement for providing systematically the necessary supporting documents against which payments are to be made;

         Other

               8.

               Welcomes the Agency's decision to formalise the functioning of an internal audit service; expects the Agency and the Commission to take further steps towards improving cooperation between that service and the Commission's Internal Audit Service (IAS);

         Horizontal points on the Agencies and the Commission

      Implementing the new Financial Regulation — Internal audit and control

               9.

               Reiterates the position taken in its resolutions (7) accompanying the discharge given to the Agencies for 2001 as regards the implementation of the new Financial Regulation; invites the Commission and the Agencies to continue their cooperation, in particular in the areas of accounting, internal audit, management and control procedures, so as to ensure that a coherent harmonised framework for the functioning of the agencies is established;

               10.

               Recalls that it expressed concern in the discharge resolution for 2001 concerning the lack of controls on the agencies carried out by the internal audit service of the Commission (IAS); expresses grave concern that such controls do not seem to have been carried out this year; asks the Commission and the IAS to explain the reasons for this and to provide data about the number of staff available to the Internal Auditor to carry out controls in the agencies; expects the Commission to indicate how it can guarantee that sufficient and correct controls are carried out in the satellite bodies, in particular the IAS.

               11.

               Stresses that it is essential that the agencies be required to submit to the investigative powers of OLAF under the same conditions as the institutions (8); invites the ECA to provide information, in time for adoption of the discharge resolution, on whether the Community bodies which acceded to the Interinstitutional Agreement of 25 May 1999 (9) on internal investigations by OLAF did so in the same terms as those laid down in the Annex to this Agreement;

         Financial Management

               12.

               Notes that in some of the agencies' replies to the questionnaire concerning the way in which the recurrent problem of substantial carry-overs might be addressed, mention is made of the possibilities offered by the new Financial Regulation, which provides for the use of ‘differentiated appropriations’; invites the agencies to better explain their analysis and to indicate in particular which of their activities of a multi-annual nature might be financed by such appropriations;

               13.

               Invites the Commission to present its position on such a solution and, should it consider that this solution is not feasible, to outline alternatives allowing for a substantial reduction in carry-overs;

         Review of the agencies

               14.

               Stresses that, prior to any decision to set up an agency, the Commission must make a rigorous analysis of the need for and added value of the functions that the agency will perform, with an eye to the principles of subsidiarity, budgetary rigour and procedural simplification;

               15.

               Calls on the Commission to make a general study of activities currently carried out by various Community bodies that might overlap or serve the same goals, and to propose appropriate solutions, including the possible mergers of agencies;

               16.

               Is concerned by the fact that there is an imbalance between administrative and operational expenditure in many agencies, with administrative expenditure exceeding expenditure for operational purposes; calls therefore on the Commission and the Agencies to set targets and a timetable to reduce the level of administrative expenditure as a proportion of total expenditure; notes that many agencies see opportunities in this regard, as listed in the questionnaire;

               17.

               With reference to the replies to the questionnaire on interinstitutional cooperation, encourages the agencies to improve cooperation between themselves in order to meet their needs in specific areas (for example, software development) and reduce costs, rather than adopt solutions which were initially designed for the purposes of the Commission but which often prove to be too cumbersome and complicated for the Agencies' specific needs;

               18.

               Encourages the agencies to organise and develop a close working relationship with the competent parliamentary committees; invites its standing committees with competence in the areas of activity of each of the agencies to coordinate their action with the Committees of Budgets and Budgetary Control, with a view to ensuring efficient monitoring of the activity of the Agencies;

         New sources of financing

               19.

               Welcomes the responses and ideas that emerged from the questionnaire concerning the possibilities of other sources of financing; notes that many current sources and proposals concern the letting of buildings and facilities and the sale of publications and information; realises that for reasons of independence, among other things, not all agencies are to accept additional financial sources; stresses the economies of scale and financial benefits of the participation of non-EU countries in the activities of certain agencies; calls on the Commission and the agencies to come forward with constructive proposals with regard to further development of new sources of additional financing, which would increase the level of self-financing;

               20.

               Welcomes the financial contributions of some Member States and regions to the agencies located on their area; considers it important for Council and the Commission to demand such contributions, especially when new agencies are set up;

         Harmonised operating framework

               21.

               Recalls its position (10) that the multitude of different forms in the existing agencies' structures was thought to be ‘neither transparent nor comprehensible, and, even bearing in mind the differences in tasks, not justified’; invites the Commission to conduct a review of all the existing agencies with a view to proposing, where appropriate, amendments to their basic instruments (11) so as to adapt them to the models that the future regulatory framework should encompass; instructs its competent committees to follow up this comprehensive review exercise, which should be conducted as soon as possible, and to take into consideration the horizontal issues mentioned in this discharge resolution;

               22.

               Invites the Commission to present appropriate proposals, aimed at creating such a harmonised framework for the agencies, prior to or at least in parallel with the presentation of the legislative proposals for the new agencies; insists that an interinstitutional agreement spelling out common guidelines is a pre-condition for creating the harmonised framework;

         Staff policy

               23.

               Notes that, as a result of the new Financial Regulation, the organigrams of the agencies are established by the budgetary authority; stresses the importance of this change for the agency discharge procedure in the years to come as regards checking application of the Staff Regulation in matters of recruitment, promotion policy, vacancy rates and recruitment policy;

               24.

               Notes that, in response to a questionnaire tabled in the course of the budgetary procedure for 2004, it was established that, on average, it took considerably fewer years to obtain promotion at several agencies than is the policy in the Commission, that vacancy rates were considerably higher compared to other institutions and that several of the requested new posts were not proposed at the lowest grade; considers that staff policy should form an important part of a review of the existing agencies;

               25.

               Considers that the staff policy of the agencies should comply with the Financial Regulation, the Staff Regulations and the best practice generally followed by the Institutions; considers that the Commission has been requested to give, before the 2005 budgetary procedure, guidelines concerning staff policy, notably the rate of vacant posts, the rate of promotions, the level of recruitment and the standard career profile;

               26.

               Recalls the principle that the agencies should as far as possible employ staff on temporary contracts, in order to maintain flexibility and efficiency;

               27.

               Is concerned about the serious anomalies detected in connection with the selection procedures of the European Monitoring Centre for Drugs and Drug Addiction, including: imprecise notice, incomplete selection committee minutes, criteria for assessing candidates not defined in advance (12); is very concerned that this might not be an isolated case but that Agencies in general might have difficulty in managing these rather complex procedures in a fair and transparent manner;

               28.

               Is of the opinion that selection procedures organised by agencies should meet the same standards as those organised by the European Personnel Selection Office (EPSO) and that they should not be perceived as a backdoor for easy entry into the European civil service;

               29.

               Invites the Commission to make proposals in order to ensure that the agencies benefit from appropriate support from the EPSO when organising selection procedures and that there is a mechanism in place to validate the outcome of such procedures externally before recruitment takes place.

      (1)  OJ C 319, 30.12.2003, p. 22.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 245, 29.9.2003, p. 19.

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

      (5)  This amount includes 5,2 million euro of revenue due in respect of the financial year 2002 (10,7 million euro in 2001).

      (6)  Calculation based on the principles of Article 15 of Council Regulation (EC, Euratom) No 1150/2000 of 22 May 2000 (OJ L 130, 31.5.2000, p. 8).

      (7)  OJ L 148, 16.6.2003, p. 83 and OJ L 333, 20.12.2003, p. 53 (point 18).

      (8)  Texts adopted, 13.1.2004, P5_TA(2004) 0015.

      (9)  OJ L 136, 31.5.1999, p. 15.

      (10)  P5_TA(2004) 0015 (paragraphs 13 and 14).

      (11)  P5_TA(2004) 0015 (paragraph 24).

      (12)  See paragraph 13 of the Court of Auditors'specific report for 2002 (p. 64).


Important legal notice

|

E2002C0314(01)

Authorisation of State aid pursuant to Articles 59(2), 61 and 63 of the EEA Agreement, Article 1(3) of Protocol 3 to the Surveillance and Court Agreement — EFTA Surveillance Authority decision not to raise objections

Official Journal C 065 , 14/03/2002 P. 0014 - 0014

Authorisation of State aid pursuant to Articles 59(2), 61 and 63 of the EEA Agreement, Article 1(3) of Protocol 3 to the Surveillance and Court AgreementEFTA Surveillance Authority decision not to raise objections(2002/C 65/10)A copy of the decision may be obtained in the authentic language version upon request to:EFTA Surveillance AuthorityCompetition and State Aid DirectorateRue de Trèves, 741040 BrusselsBelgiumDate of adoption: 19 December 2001EFTA State: NorwayAid No: SAM 030.00.007Title: Compensation for maritime transport services under the "Hurtigruten Agreement"Objectives: Provision of maritime transport services in the public interestSector: Maritime transportLegal basis: Agreement between Ministry of Transport and Communications and two maritime companies ("Hurtigruten Agreement"); State budget (Chapter 1330, post 70)Form of aid: GrantAid amount: NOK 170 million per year expressed in 1999 prices (approximately EUR 21 million)Duration: 1 January 2002 to 31 December 2004


title: Decision (EU) 2016/2248 of the European Central Bank of 3 November 2016 on the allocation of monetary income of the national central banks of Member States whose currency is the euro (ECB/2016/36)

text:
               20.12.2016

               EN

               Official Journal of the European Union

               L 347/26

         DECISION (EU) 2016/2248 OF THE EUROPEAN CENTRAL BANK
   of 3 November 2016
   on the allocation of monetary income of the national central banks of Member States whose currency is the euro (ECB/2016/36)
   (recast)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 32 thereof,
   Whereas:

               (1)

               Decision ECB/2010/23 (1) has been substantially amended several times (2). Since further amendments are to be made, it should be recast in the interests of clarity.

               (2)

               Pursuant to Article 32.1 of the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the ‘Statute of the ESCB’), monetary income is the income accruing to the national central banks (NCBs) in the performance of the monetary policy function. Pursuant to Article 32.2 of the Statute of the ESCB, the amount of each NCB's monetary income is equal to its annual income derived from its assets held against notes in circulation and deposit liabilities to credit institutions. These assets are to be earmarked by NCBs in accordance with the guidelines of the Governing Council. NCBs should earmark the assets ensuing from the performance of the monetary policy function as assets held against the notes in circulation and deposit liabilities to credit institutions. Pursuant to Article 32.4 of the Statute of the ESCB, the amount of each NCB's monetary income is reduced by an amount equivalent to any interest accrued, paid or received on liabilities included within the liability base.

               (3)

               Pursuant to Article 32.5 of the Statute of the ESCB, the sum of the monetary income of the NCBs is allocated to them in proportion to their paid-up shares in the capital of the European Central Bank (ECB).

               (4)

               Pursuant to Articles 32.6 and 32.7 of the Statute of the ESCB, the Governing Council is empowered to establish guidelines for the clearing and settlement by the ECB of the balances arising from the allocation of monetary income and to take all other measures necessary for the application of Article 32.

               (5)

               Pursuant to Article 10 of Council Regulation (EC) No 974/98 (3), the ECB and the NCBs put euro banknotes into circulation. Article 15 of this Regulation provides that banknotes denominated in national currency units remain legal tender within their territorial limits until 6 months from the respective cash changeover date at the latest. The cash changeover year should thus be regarded as a special year, since banknotes in circulation denominated in national currency units may still account for a considerable proportion of the banknotes in circulation.

               (6)

               Article 15(1) of Guideline ECB/2006/9 (4) provides that euro banknotes frontloaded to eligible counterparties are debited in those counterparties' accounts with their NCB at their face value, in accordance with the following ‘linear debiting model’: the total amount of frontloaded euro banknotes are debited in three equal instalments, on the settlement date of the first, fourth and fifth Eurosystem main refinancing operations following the cash changeover date. The calculation of monetary income for the cash changeover year needs to take account of this ‘linear debiting model’.

               (7)

               This Decision is related to Decision ECB/2010/29 (5), which provides that the ECB and the NCBs issue euro banknotes. Decision ECB/2010/29 establishes the allocation of euro banknotes in circulation to the NCBs in proportion to their paid-up shares in the capital of the ECB. It also allocates to the ECB 8 % of the total value of euro banknotes in circulation. The allocation of euro banknotes among Eurosystem members gives rise to intra-Eurosystem balances. The remuneration of these intra-Eurosystem balances on euro banknotes in circulation has a direct effect on the income of each Eurosystem member, and therefore it should be regulated under this Decision. The income accruing to the ECB on the remuneration of its intra-Eurosystem claims on NCBs related to its share of euro banknotes in circulation should in principle be distributed to the NCBs in accordance with Decision ECB/2014/57 (6) in proportion to their shares in the subscribed capital key in the same financial year it accrues.

               (8)

               The net balance of the intra-Eurosystem claims and liabilities on euro banknotes in circulation should be remunerated by applying an objective criterion defining the cost of money. In this context, the main refinancing operations rate used by the Eurosystem in its tenders for main refinancing operations is regarded as appropriate.

               (9)

               The net intra-Eurosystem liabilities on euro banknotes in circulation should be included in the liability base for the purposes of the calculation of the NCBs' monetary income pursuant to Article 32.2 of the Statute of the ESCB as they are equivalent to banknotes in circulation. The settlement of interest on intra-Eurosystem balances on euro banknotes in circulation will therefore result in the distribution of a substantial amount of the Eurosystem's monetary income among NCBs in proportion to their paid-up shares in the capital of the ECB. These intra-Eurosystem balances should be adjusted to allow for a gradual adaptation of the NCBs' balance sheets and profit and loss accounts. The adjustments should be based on the value of banknotes in circulation of each NCB during a period prior to the introduction of euro banknotes. These adjustments should apply on a yearly basis in accordance with a fixed formula for no more than 5 years thereafter.

               (10)

               The adjustments to the intra-Eurosystem balances on euro banknotes in circulation have been calculated in order to compensate for any significant changes in the NCBs' income positions as a consequence of the introduction of euro banknotes and the subsequent allocation of monetary income.

               (11)

               The general rules laid down in Article 32 of the Statute of the ESCB also apply to the income resulting from the write-off of euro banknotes that have been withdrawn from circulation.

               (12)

               Article 32.5 of the Statute of the ESCB specifies that the sum of the NCBs' monetary income is allocated to the NCBs in proportion to their paid-up shares in the ECB's capital. Pursuant to Article 32.7 of the Statute of the ESCB, the Governing Council is competent to take all other measures necessary for the application of Article 32. This includes the competence to take account of other factors when deciding on the allocation of income resulting from the write-off of euro banknotes that have been withdrawn from circulation. In this context, the principles of equal treatment and fairness require that account be taken of the time period during which the withdrawn euro banknotes were issued. The allocation key for this specific income must therefore reflect both the relevant share in the ECB's capital and the length of the issue phase.

               (13)

               The withdrawal of euro banknotes needs to be regulated by separate decisions to be taken pursuant to Article 5 of Decision ECB/2003/4 (7).

               (14)

               Purchases under Decision ECB/2009/16 (8), Decision ECB/2011/17 (9), and Decision (EU) 2015/774 of the European Central Bank (ECB/2015/10) (10) which refers to purchases of debt instruments issued by central, regional and local governments and recognised agencies and substitute debt instruments issued by public non-financial corporations, should be deemed to generate income at the reference rate,

         HAS ADOPTED THIS DECISION:
   Article 1
   Definitions
   For the purposes of this Decision:

               (a)

               ‘NCB’ means a national central bank of a Member State whose currency is the euro;

               (b)

               ‘credit institution’ means either: (a) a credit institution within the meaning of Article 4(1) of Regulation (EU) No 575/2013 of the European Parliament and of the Council (11) that is subject to supervision by a competent authority; or (b) another credit institution within the meaning of Article 123(2) of the Treaty that is subject to scrutiny of a standard comparable to supervision by a competent authority;

               (c)

               ‘liability base’ means the amount of qualifying liabilities, within the balance sheet of each NCB, specified in accordance with Annex I to this Decision;

               (d)

               ‘cash changeover date’ means the date on which euro banknotes and coins become legal tender in a Member State whose currency is the euro;

               (e)

               ‘cash changeover year’ means a period of 12 months starting on the cash changeover date;

               (f)

               ‘intra-Eurosystem balances on euro banknotes in circulation’ means the claims and liabilities arising between an NCB and the ECB and between an NCB and the other NCBs as a result of the application of Article 4 of Decision ECB/2010/29;

               (g)

               ‘subscribed capital key’ means the NCBs' shares, expressed as percentages, in the ECB's subscribed capital that result from applying to the NCBs the weightings in the key referred to in Article 29.1 of the Statute of the ESCB and as applicable for the relevant financial year;

               (h)

               ‘withdrawn euro banknotes’ means any euro banknote type or series that has been withdrawn from circulation by a decision of the Governing Council taken pursuant to Article 5 of Decision ECB/2003/4;

               (i)

               ‘issue phase’, in relation to a euro banknote type or series, means the period starting on the date on which the first issue of a euro banknote of this type or series is recorded in the liability base and ending on the date on which the last issue of a euro banknote of this type or series is recorded in the liability base;

               (j)

               ‘reference rate’ means the latest available marginal interest rate used by the Eurosystem in its tenders for main refinancing operations under Article 6 of Guideline (EU) 2015/510 of the European Central Bank (ECB/2014/60) (12). Where more than one main refinancing operation is conducted for settlement on the same day, a simple average of the marginal rates of the operations conducted in parallel is used;

               (k)

               ‘earmarkable assets’ means the amount of assets held against the liability base, within the balance sheet of each NCB, specified in accordance with Annex II to this Decision;

               (l)

               ‘reference period’ means a period of 24 months starting 30 months before the cash changeover date;

               (m)

               ‘daily foreign exchange reference rate’ means the daily foreign exchange reference rate that is based on the regular daily concertation procedure between central banks within and outside the European System of Central Banks, which normally takes place at 14.15 Central European Time (13);

               (n)

               ‘write off’ means to eliminate withdrawn euro banknotes from the balance sheet item ‘banknotes in circulation’;

               (o)

               ‘issue key’ means the average subscribed capital key during the issue phase of a type or series of withdrawn euro banknotes;

               (p)

               ‘harmonised balance sheet’ (HBS) means the harmonised balance sheet as set out in Annex VIII to Guideline (EU) 2016/2249 of the European Central Bank (ECB/2016/34) (14).

         Article 2
   Intra-Eurosystem balances on euro banknotes in circulation
   1.   The intra-Eurosystem balances on euro banknotes in circulation shall be calculated on a monthly basis and shall be recorded in the books of the ECB and the NCBs on the first business day of the month with a value date of the last business day of the preceding month.
   Where a Member State adopts the euro, the calculation of the intra-Eurosystem balances on euro banknotes in circulation under the first subparagraph shall be recorded in the books of the ECB and the NCBs with a value date of the cash changeover date.
   The intra-Eurosystem balances on euro banknotes in circulation shall, for the period from 1 to 31 January of the first year with effect from which each quinquennial adjustment pursuant to Article 29.3 of the Statute of the ESCB applies, be calculated on the basis of the adjusted subscribed capital key applied to balances on the total euro banknotes in circulation on 31 December of the previous year.
   2.   The intra-Eurosystem balances on euro banknotes in circulation, including those resulting from the application of Article 4 of this Decision, shall be remunerated at the reference rate.
   3.   The remuneration referred to in paragraph 2 shall be settled by TARGET2 payments on a quarterly basis.
   Article 3
   Method for measuring monetary income
   1.   The amount of each NCB's monetary income shall be determined by measuring the actual income that derives from the earmarkable assets recorded in its books. As exceptions thereto:

               (a)

               gold shall not be considered to generate income;

               (b)

               the following shall be considered to generate monetary income at the reference rate:

                           (i)

                           securities held for monetary policy purposes under Decision ECB/2009/16;

                           (ii)

                           securities held for monetary policy purposes under Decision ECB/2011/17;

                           (iii)

                           debt instruments issued by central, regional and local governments and recognised agencies and substitute debt instruments issued by public non-financial corporations held for monetary policy purposes under Decision (EU) 2015/774 (ECB/2015/10).

         2.   Where the value of an NCB's earmarkable assets exceeds or falls short of the value of its liability base, the difference shall be offset by applying the reference rate to the value of the difference.
   Article 4
   Adjustments to intra-Eurosystem balances
   1.   For the purposes of monetary income calculation, each NCB's intra-Eurosystem balances on euro banknotes in circulation shall be adjusted by a compensatory amount determined in accordance with the following formula:

               C = (K – A) × S

         where:

               C

               is the compensatory amount,

               K

               is the euro amount for each NCB that results from the application of the subscribed capital key to the average value of banknotes in circulation during the reference period, whereby the amount of banknotes in circulation denominated in the national currency of a Member State that adopts the euro shall be translated into euro at the daily foreign exchange reference rate during the reference period,

               A

               is the average euro value for each NCB of banknotes in circulation during the reference period, translated into euro at the daily foreign exchange reference rate during the reference period,

               S

               is the following coefficient for each financial year, starting with the cash changeover date:

                           Financial year

                           Coefficient

                           Cash changeover year

                           1

                           Cash changeover year plus 1 year

                           0,8606735

                           Cash changeover year plus 2 years

                           0,7013472

                           Cash changeover year plus 3 years

                           0,5334835

                           Cash changeover year plus 4 years

                           0,3598237

                           Cash changeover year plus 5 years

                           0,1817225

         2.   The sum of the compensatory amounts of the NCBs shall be zero.
   3.   Compensatory amounts shall be calculated each time a Member State adopts the euro or when the ECB's subscribed capital key changes.
   4.   When an NCB joins the Eurosystem, its compensatory amount shall be allocated to the other NCBs in proportion to the respective shares of the other NCBs in the subscribed capital key, with the sign (+/–) reversed, and shall be in addition to any compensatory amounts already in force for the other NCBs.
   5.   The compensatory amounts and the accounting entries to balance those compensatory amounts shall be recorded on separate intra-Eurosystem accounts in the books of each NCB with a value date of the cash changeover date and the same value date of each following year of the adjustment period. The accounting entries to balance the compensatory amounts shall not be remunerated.
   6.   By derogation from paragraph 1, on the occurrence of specific events relating to changes in patterns of banknote circulation, as set out in Annex III to this Decision, each NCB's intra-Eurosystem balances on euro banknotes in circulation shall be adjusted in accordance with the provisions set out in that Annex.
   7.   The adjustments to intra-Eurosystem balances provided for in this Article shall cease to apply from the first day of the sixth year following the relevant cash changeover year.
   Article 5
   Calculation and allocation of monetary income
   1.   The calculation of each NCB's monetary income shall be effected by the ECB on a daily basis. The calculation shall be based on accounting data reported by NCBs to the ECB. The ECB shall inform the NCBs of the cumulative amounts on a quarterly basis.
   2.   The amount of each NCB's monetary income shall be adjusted by an amount equivalent to any interest accrued, paid or received on liabilities included within the liability base, and in accordance with any decision of the Governing Council under the second subparagraph of Article 32.4 of the Statute of the ESCB.
   3.   The allocation of the sum of each NCB's monetary income in proportion to the subscribed capital key shall take place at the end of each financial year.
   Article 6
   Calculation and allocation of income resulting from the write-off of euro banknotes
   1.   Withdrawn euro banknotes shall remain part of the liability base until they are exchanged or written off, whichever event occurs first.
   2.   The Governing Council may decide to write off withdrawn euro banknotes, in which case it shall specify the write-off date and the total amount of the provision to be made for those withdrawn euro banknotes that are still expected to be exchanged.
   3.   Withdrawn euro banknotes shall be written off as follows:

               (a)

               On the write-off date, the ECB's and the NCBs' balance sheet items ‘Banknotes in circulation’ shall be reduced by the total amount of withdrawn euro banknotes still in circulation. For this purpose, the actual amounts of withdrawn euro banknotes that were put into circulation shall be adjusted to their pro-rata amounts calculated in accordance with the issue key, and the differences shall be settled among the ECB and the NCBs.

               (b)

               The adjusted amount of withdrawn euro banknotes shall be written off from the balance sheet item ‘Banknotes in circulation’ to the NCBs' profit and loss accounts.

               (c)

               Each NCB shall establish a provision for withdrawn euro banknotes that are still expected to be exchanged. The provision shall be equivalent to the relevant NCB's share in the total amount of the provision calculated using the issue key.

         4.   Withdrawn euro banknotes that are exchanged after the write-off date shall be recorded in the books of the NCB that has accepted them. The inflow of withdrawn euro banknotes shall be redistributed among NCBs at least once a year by applying the issue key, and the differences shall be settled between them. Each NCB shall set off the pro-rata amount against its provision or, in the event that the inflow exceeds the provision, record a corresponding expense in its profit and loss account.
   5.   The Governing Council shall review the total amount of the provision on an annual basis.
   Article 7
   Repeal
   1.   Decision ECB/2010/23 is hereby repealed.
   2.   References to the repealed Decision shall be construed as references to this Decision.
   Article 8
   Entry into force
   This Decision shall enter into force on 31 December 2016.

      Done at Frankfurt am Main, 3 November 2016.

            The President of the ECB

         Mario DRAGHI

      (1)  Decision ECB/2010/23 of 25 November 2010 on the allocation of monetary income of the national central banks of Member States whose currency is the euro (OJ L 35, 9.2.2011, p. 17).

      (2)  See Annex IV.

      (3)  Council Regulation (EC) No 974/98 of 3 May 1998 on the introduction of the euro (OJ L 139, 11.5.1998, p. 1).

      (4)  Guideline ECB/2006/9 of 14 July 2006 on certain preparations for the euro cash changeover and on frontloading and sub-frontloading of euro banknotes and coins outside the euro area (OJ L 207, 28.7.2006, p. 39).

      (5)  Decision ECB/2010/29 of 13 December 2010 on the issue of euro banknotes (OJ L 35, 9.2.2011, p. 26).

      (6)  Decision ECB/2014/57 of 15 December 2014 on the interim distribution of the income of the European Central Bank (OJ L 53, 25.2.2015, p. 24).

      (7)  Decision ECB/2003/4 of 20 March 2003 on the denominations, specifications, reproduction, exchange and withdrawal of euro banknotes (OJ L 78, 25.3.2003, p. 16).

      (8)  Decision ECB/2009/16 of 2 July 2009 on the implementation of the covered bond purchase programme (OJ L 175, 4.7.2009, p. 18).

      (9)  Decision ECB/2011/17 of 3 November 2011 on the implementation of the second covered bond purchase programme (OJ L 297, 16.11.2011, p. 70).

      (10)  Decision (EU) 2015/774 of the European Central Bank of 4 March 2015 on a secondary markets public sector asset purchase programme (ECB/2015/10) (OJ L 121, 14.5.2015, p. 20).

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

      (12)  Guideline (EU) 2015/510 of the European Central Bank of 19 December 2014 on the implementation of the Eurosystem monetary policy framework (General Documentation Guideline) (ECB/2014/60) (OJ L 91, 2.4.2015, p. 3).

      (13)  Central European Time takes account of the change to Central European Summer Time.

      (14)  Guideline (EU) 2016/2249 of the European Central Bank of 3 November 2016 on the legal framework for accounting and financial reporting in the European System of Central Banks (ECB/2016/34) (see page 37 of this Official Journal).

      ANNEX I

         COMPOSITION OF THE LIABILITY BASE

                  A.

                  The liability base includes, to the exclusion of any other items:

                              1.

                              Banknotes in circulation
                              For the purposes of this Annex, in the cash changeover year for each national central bank (NCB) joining the Eurosystem, ‘Banknotes in circulation’:

                                          (a)

                                          includes banknotes issued by the NCB and denominated in its national currency unit; and

                                          (b)

                                          must be reduced by the value of the non-remunerated loans related to frontloaded euro banknotes that have not been yet debited (part of asset item 6 of the harmonised balance sheet (HBS)).

                                    After the relevant cash changeover year, for each NCB ‘banknotes in circulation’ means banknotes denominated in euro, to the exclusion of any other banknotes.
                              If the cash changeover date is a day on which TARGET2 is closed, the liability of an NCB which results from euro banknotes that have been frontloaded under Guideline ECB/2006/9 and have entered into circulation before the cash changeover date forms part of the liability base (as part of the correspondent accounts under liability item 10.4 of the HBS) until the liability becomes part of the intra-Eurosystem liabilities resulting from TARGET2 transactions.

                              2.

                              Liabilities to euro area credit institutions related to monetary policy operations denominated in euro, including any of the following:

                                          (a)

                                          current accounts including minimum reserve requirements under Article 19.1 of the Statute of the ESCB (liability item 2.1 of the HBS);

                                          (b)

                                          amounts in deposit under the Eurosystem deposit facility (liability item 2.2 of the HBS);

                                          (c)

                                          fixed-term deposits (liability item 2.3 of the HBS);

                                          (d)

                                          liabilities arising from fine-tuning reverse operations (liability item 2.4 of the HBS);

                                          (e)

                                          deposits related to margin calls (liability item 2.5 of the HBS).

                              3.

                              Deposit liabilities to defaulted Eurosystem counterparties which have been reclassified from liability item 2.1 of the HBS.

                              4.

                              Intra-Eurosystem liabilities of NCBs arising from the issuance of ECB debt certificates under Article 13 of Guideline (EU) 2015/510 (ECB/2014/60) (liability item 10.2 of the HBS).

                              5.

                              Net intra-Eurosystem liabilities on euro banknotes in circulation, including those resulting from the application of Article 4 of this Decision (part of liability item 10.3 of the HBS).

                              6.

                              Net intra-Eurosystem liabilities resulting from TARGET2 transactions remunerated at the reference rate (part of liability item 10.4 of the HBS).

                              7.

                              Accrued interest recorded at the end of each quarter by each NCB on monetary policy liabilities, with a maturity of 1 year or longer (part of liability item 12.2 of the HBS).

                              8.

                              Liabilities vis-à-vis the ECB backing a claim that relates to swap agreements between the ECB and a non-Eurosystem central bank which earn net income for the Eurosystem (part of off-balance-sheet liabilities).

                  B.

                  The amount of each NCB's liability base is calculated in accordance with the harmonised accounting principles and rules laid down in Guideline (EU) 2016/2249 (ECB/2016/34).

      ANNEX II

         EARMARKABLE ASSETS

                  A.

                  Earmarkable assets include, with the exclusion of any other items:

                              1.

                              Lending to euro area credit institutions related to monetary policy operations denominated in euro (asset item 5 of the harmonised balance sheet (HBS)).

                              2.

                              Securities held for monetary policy purposes (part of asset item 7.1 of the HBS).

                              3.

                              Intra-Eurosystem claims equivalent to the transfer of foreign reserve assets other than gold to the ECB under Article 30 of the Statute of the ESCB (part of asset item 9.2 of the HBS).

                              4.

                              Net intra-Eurosystem claims on euro banknotes in circulation including those resulting from the application of Article 4 of this Decision (part of asset item 9.4 of the HBS).

                              5.

                              Net intra-Eurosystem claims resulting from TARGET2 transactions remunerated at the reference rate (part of asset item 9.5 of the HBS).

                              6.

                              Gold, including claims in respect of gold transferred to the ECB, in an amount permitting each NCB to earmark a proportion of its gold that corresponds to the application of its share in the subscribed capital key to the total amount of gold earmarked by all NCBs (asset item 1 and part of asset item 9.2 of the HBS).
                              For the purposes of this Decision, gold is valued on the basis of the gold price in euro per fine ounce at 31 December 2002.

                              7.

                              Claims resulting from euro banknotes that have been frontloaded under Guideline ECB/2006/9 and have then entered into circulation before the cash changeover date (part of asset item 4.1 of the HBS until the cash changeover date and thereafter part of the correspondent accounts under asset item 9.5 of the HBS), but only until such claims become part of the intra-Eurosystem claims resulting from TARGET2 transactions.

                              8.

                              Outstanding claims arising from default by Eurosystem counterparties in the context of Eurosystem credit operations, and/or financial assets or claims vis-à-vis third parties appropriated and/or acquired in the context of the realisation of collateral submitted by defaulted Eurosystem counterparties in the context of Eurosystem credit operations reclassified from asset item 5 of the HBS (part of asset item 11.6 of the HBS).

                              9.

                              Accrued interest recorded at quarter-end by each NCB on monetary policy assets the maturity of which is one year or longer (part of asset item 11.5 of the HBS).

                              10.

                              Claims on euro area counterparties that relate to swap agreements between the ECB and a non-Eurosystem central bank which earn net income for the Eurosystem (part of asset item 3.1 of the HBS).

                  B.

                  The value of each NCB's earmarkable assets is calculated in accordance with the harmonised accounting principles and rules laid down in Guideline (EU) 2016/2249 (ECB/2016/34).

      ANNEX III
      A.   First contingent adjustment

      If the average total value of banknotes in circulation in a cash changeover year is lower than the average total euro value of banknotes in circulation during the reference period (including those denominated in the national currency of the Member State that has adopted the euro and translated into euro at the daily foreign exchange reference rate during the reference period), then the coefficient ‘S’ applying to the cash changeover year in accordance with Article 4(1) is reduced with retroactive effect in the same proportion as the decrease in the total average of banknotes in circulation.
      The reduction may not result in a coefficient lower than 0,8606735. If this derogation is applied, one quarter of the resulting reduction in the NCBs' compensatory amounts (C) applicable in the cash changeover year must be added to each NCB's compensatory amount applicable in the second to fifth year following the cash changeover year pursuant to Article 4(1).
      B.   Second contingent adjustment

      If those NCBs for which the compensatory amount referred to in Article 4(1) is a positive figure pay net remuneration on intra-Eurosystem balances on banknotes in circulation that results in a net expense when added to the item ‘net result of pooling of monetary income’ in their profit and loss account at the end of the year, then the coefficient ‘S’ applying to the cash changeover year in accordance with Article 4(1) is reduced to the extent necessary to eliminate this condition.
      The reduction may not result in a coefficient lower than 0,8606735. If this derogation is applied, one quarter of the resulting reduction in the NCBs' compensatory amounts (C) applicable in the cash changeover year is added to each NCB's compensatory amount applicable in the second to fifth year following the cash changeover year pursuant to Article 4(1).

      ANNEX IV

         REPEALED DECISION WITH LIST OF THE SUCCESSIVE AMENDMENTS

                  Decision ECB/2010/23

                     OJ L 35, 9.2.2011, p. 17.

                  Decision ECB/2011/18

                     OJ L 319, 2.12.2011, p. 116.

                  Decision ECB/2014/24

                     OJ L 117, 7.6.2014, p. 168.

                  Decision ECB/2014/56

                     OJ L 53, 25.2.2015, p. 21.

                  Decision ECB/2015/37

                     OJ L 313, 28.11.2015, p. 42.


Avis juridique important

|

32002D0609

2002/609/EC: Council Decision of 25 June 2002 on the conclusion of an Additional Protocol to the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Republic of Lithuania, of the other part, on Conformity Assessment and Acceptance of Industrial Products (PECA)

Official Journal L 202 , 31/07/2002 P. 0019 - 0020

Council Decisionof 25 June 2002on the conclusion of an Additional Protocol to the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Republic of Lithuania, of the other part, on Conformity Assessment and Acceptance of Industrial Products (PECA)(2002/609/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof, in conjunction with the first sentence of the first subparagraph of Article 300(2), the first sentence of the first subparagraph of Article 300(3) and Article 300(4) thereof,Having regard to the proposal from the Commission,Whereas:(1) The Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Lithuania of the other part(1), entered into force on 20 February 1998.(2) Article 76(2) of the Europe Agreement provides that cooperation in the fields of standardisation and conformity assessment shall seek to achieve the conclusion of agreements on mutual recognition.(3) Article 115(2) of the Europe Agreement provides that the Association Council may delegate to the Association Committee any of its powers.(4) Article 2 of Decision 98/150/EC, ECSC, Euratom of the Council and the Commission of 19 December 1997 on the conclusion of the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Lithuania of the other part(2), provides for the Community decision-making procedures and for the presentation of the Community position in the Association Council and in the Association Committee.(5) Article 14 of Decision No 1/98 of the Association Council between the European Communities and their Member States, of the one part, and the Republic of Lithuania, of the other part, of 23 February 1998 on its rules of procedure(3) provides that the Association Committee may set up further subcommittees or groups to assist in carrying out its duties.(6) The Protocol to the Europe Agreement, on Conformity Assessment and Acceptance of Industrial Products, was signed on behalf of the Community in Brussels on 21 May 2002 and should be approved.(7) Certain tasks for implementation have been conferred to the Association Council and, in particular, the power to amend the Annexes to the Protocol.(8) The appropriate internal procedures should be established to ensure the proper functioning of the Protocol.(9) It is necessary to empower the Commission to make certain technical amendments to this Protocol and to take certain decisions for its implementation,HAS DECIDED AS FOLLOWS:Article 1The Protocol to the Europe Agreement, on Conformity Assessment and Acceptance of Industrial Products (hereinafter referred to as "the Protocol"), as well as the declaration annexed to the Final Act thereto, are hereby approved on behalf of the Community.The text of the Protocol, and of the declaration annexed to the Final Act thereto, is attached to this Decision.Article 2The President of the Council shall, on behalf of the Community, transmit the diplomatic note provided for in Article 17 of the Protocol(4).Article 31. After consultation with the special committee appointed by the Council, the Commission shall:(a) carry into effect the notifications, acknowledgements, suspensions and withdrawals of bodies, and appointments of joint team or teams of experts, in accordance with Articles 10, 11 and 14(c), of the Protocol;(b) bring about the consultations, exchange of information, the requests for verifications and for participation in verifications, in accordance with Articles 3, 12 and 14(d) and (e), and Sections III and IV of the Annexes to the Protocol concerning machinery, lifts, personal protective equipment, electrical safety, electromagnetic compatibility, and simple pressure vessels;(c) if necessary, reply to requests in accordance with Article 11, Sections III and IV of the Annexes to the Protocol concerning machinery, lifts, personal protective equipment, electrical safety, electromagnetic compatibility, and simple pressure vessels.2. Following consultation of the special committee referred to in paragraph 1 of this Article, the Commission shall determine the position to be taken by the Community in the Association Council and, where applicable, in the Association Committee, with regard to:(a) amendments to the Annexes in accordance with Article 14(a) of the Protocol;(b) addition of new Annexes in accordance with Article 14(b) of the Protocol;(c) any decisions regarding disagreements on the results of the verifications and the suspensions, in part or totally, of any notified body in accordance with the second and third subparagraphs of Article 11 of the Protocol;(d) any measures taken in the application of the safeguard clauses in Section IV of the Annexes of the Protocol concerning machinery, lifts, personal protective equipment, electrical safety, electromagnetic compatibility, and simple pressure vessels;(e) any measures concerning the verification, suspension, or withdrawal of industrial products as having mutual acceptance under Article 4 of the Protocol.3. In all other cases, the position to be taken by the Community in the Association Council and, where applicable, in the Association Committee, with regard to this Protocol shall be determined by the Council, acting by qualified majority on a proposal from the Commission.Done at Luxembourg, 25 June 2002.For the CouncilJ. Matas I PalouThe President(1) OJ L 51, 20.2.1998, p. 3.(2) OJ L 51, 20.2.1998, p. 1.(3) OJ L 73, 12.3.1998, p. 31.(4) The date of entry into force of the Protocol will be published in the Official Journal of the European Communities by the General Secretariat of the Council.


title: 2012/584/EU: Decision of the European Parliament of 10 May 2012 on discharge in respect of the implementation of the budget of the European Railway Agency for the financial year 2010

text:
               17.10.2012

               EN

               Official Journal of the European Union

               L 286/229

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   on discharge in respect of the implementation of the budget of the European Railway Agency for the financial year 2010
   (2012/584/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Railway Agency for the financial year 2010,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Railway Agency for the financial year 2010, together with the Agency’s replies (1),

               —

               having regard to the Council’s recommendation of 21 February 2012 (06083/2012 – C7-0051/2012),

               —

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

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

               —

               having regard to Regulation (EC) No 881/2004 of the European Parliament and of the Council of 29 April 2004 establishing a European Railway Agency (3), and in particular Article 39 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A7-0118/2012),

               1.

               Grants the Executive Director of the European Railway Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2010;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Executive Director of the European Railway Agency, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 366, 15.12.2011, p. 100.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 164, 30.4.2004, p. 1.

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

      EUROPEAN PARLIAMENT RECOMMENDATIONS OVER PAST YEARS

               European Railway Agency

               2006

               2007

               2008

               2009

               Performance

               The Agency carries out its operations in two locations, exposing it to additional costs: the Agency has not yet found ways of offsetting the costs resulting from its obligation to be located in two cities

                           —

                           The principle of sound financial management was not rigorously fulfilled: the Agency’s cash forecast had not been prepared properly

                           —

                           The Agency carries out its operations in two locations, exposing it to additional costs (direct posts: EUR 450 000)

                           —

                           Calls on the Agency to set out a diachronic analysis of operations carried out in this and the previous years

                           —

                           Calls on the Agency to set SMART objectives and RACER indicators, as well as to make a Gannt diagram → promoting a result-oriented approach

                           —

                           Inefficiency led by having two locations for one Agency

                           —

                           The Agency carries out its operations in two locations, exposing it to additional costs

                           —

                           Using two locations exposes the Agency to additions costs

                           —

                           Calls on the Agency to set out a comparison of the operations that were carried out during the year for which discharge is to be granted and during the previous financial year

               Carry-over of appropriations

               The budgetary principle of annuality was not strictly observed: the Agency implemented 72 % of its commitment appropriations. The levels of carry-over for administrative expenditure and operating expenditure were 37,5 % and 85 % respectively

                           —

                           The Agency had difficulties in the programming and the budgeting of its activities: more than 35 % of the final 2007 appropriations had not been used during the year

                           —

                           Calls on the Agency to strive to increase the level of budget implementation

               The Agency had difficulties in the programming and the budgeting of its activities

                           —

                           Agency failed to address the problem of appropriations being carried forward from one year to the next. The carry-over of 41 % of Title II represents a serious breach of the budgetary principle of annuality

                           —

                           Requests that a report be attached to each years budget on the unspent appropriations carried over from previous years

                           —

                           Court of Auditors highlighted cancellations and delays in procurement procedures, recurrent delays in the execution of payments and significant changes made to the work programme during the year

               Procurement procedures

               The Agency must launch procurement procedures for those areas currently covered by contracts which had not been the subject of regular procedure

                           —

                           Transparency issues at the level of selection criteria and at the level of award criteria: the use of a negotiated procedure was not justified

                           —

                           Recalls on improving procurement management

               Transparency issues at the level of selection criteria and at the level of award criteria

               n.a.

               Human resources

               n.a.

               n.a.

               n.a.

                           —

                           Calls on the Agency to better reflect in its work programme and Annual Activity Report the planned allocation of staff resources

                           —

                           Expresses concern about the failure to follow Staff Regulations and their implementing rules retroactively

                           —

                           Urges the Agency to create consolidated recruitment procedure to be used as a manual for all staff involved in new recruitment

               Internal audit

               The internal control system showed weaknesses: the Agency did not adopt implementing rules for its financial regulations

               The Agency does not strictly follow the Staff Regulations

               Calls on the Agency to take steps to fulfil four out of 36 recommendations made by the Internal Audit Service → i.e. to implement certain internal control standards to bank signatures, segregation of duties, sensitive posts and maintenance of delegation powers

               Acknowledges that six out of 10 recommendations made by the IAS on human resources management still need to be implemented

          ---documentbreak---

               17.10.2012

               EN

               Official Journal of the European Union

               L 286/230

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Railway Agency for the financial year 2010
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Railway Agency for the financial year 2010,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Railway Agency for the financial year 2010, together with the Agency’s replies (1),

               —

               having regard to the Council’s recommendation of 21 February 2012 (06083/2012 – C7-0051/2012),

               —

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

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

               —

               having regard to Regulation (EC) No 881/2004 of the European Parliament and of the Council of 29 April 2004 establishing a European Railway Agency (3), and in particular Article 39 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A7-0118/2012),

               A.

               whereas the Court of Auditors stated that it has obtained reasonable assurances that the annual accounts for the financial year 2010 are reliable and that the underlying transactions are legal and regular,

               B.

               whereas on 10 May 2011 Parliament granted the Executive Director of the European Railway Agency discharge for implementation of the Agency’s budget for the financial year 2009 (5), and in its resolution accompanying the discharge, inter alia:

                           —

                           called on the Agency to address the problem of appropriations being carried forward from one year to the next. The carry-over of 41 % of Title II represents a serious breach of the budgetary principle of annuality,

                           —

                           noted that the Court of Auditors highlighted cancellations and delays in procurement procedures, recurrent delays in the execution of payments and significant changes made to the work programme during the year,

                           —

                           urged the Agency to create a consolidated recruitment procedure to be used as a manual for all staff involved in new recruitment,

               C.

               whereas the overall budget for the Agency for the year 2010 was EUR 24 147 240, which is an increase of 14,9 % compared to 2009; whereas the initial contribution of the European Union to the budget of the Agency for 2010 was EUR 23 260 000 compared to EUR 16 060 000 in 2009, which represents an increase of 44,83 %,

      Budget and financial management

               1.

               Recalls that the initial Union contribution to the Agency for 2010 amounted to EUR 23 260 000; notes however that EUR 214 000, coming from the recovery of surplus, was added to it which, as a result, makes a total Union contribution of EUR 23 474 000 for 2010;

               2.

               Notes from the Agency’s Annual Activity Report (AAR) that 99 % of appropriations were committed and 77 % have been used for payments; notes in particular that:

                           —

                           under Title I, the total committed appropriations amounted to EUR 14 507 149 from which 99 % has been used for payment execution while 77 % of the appropriations carried over to 2010 has been used for payment execution,

                           —

                           under Title II, nearly 100 % of the appropriations have been committed and 62 % has been used for payment execution while 92 % of the appropriations carried over to 2010 have been used for payment execution,

                           —

                           under Title III, nearly 100 % of the appropriations have been committed from which 62 % has been consumed with payments while 95 % of the appropriations carried over to 2010 have been used for payment execution,

                     appreciates the fact that the Agency provides information on the use of the appropriations carried forward from 2009 to 2010;

               3.

               Takes the view that it is extremely important to optimise the use of budgetary resources at a time of financial crisis and urges the Commission and the Agency to analyse and establish the real budgetary requirements in order for the Agency to be able to carry out all the tasks assigned to it;

      Transfers

               4.

               Acknowledges from the Agency’s Report on Budgetary and Financial Management Information (RBFMI) that in December 2009 the Agency realised that Chapter 11 (staff expenditure) was not correctly forecasted for the 2010 budget since Title I was underestimated by approximately EUR 1 500 000; understands from the Agency that the situation was due to:

                           —

                           a systemic miscalculation of the forecasts for the staff expenditure, since the calculation of the forecasts was based on the 2007 basic salaries grid, three annual indexations were therefore missing,

                           —

                           the increase in the number of contract agents resulting from the cut in the new permanent posts requested by the Agency;

               5.

               Takes note of the Agency’s decision to transfer an amount of EUR 500 000 from Title II to Title I and to transfer an amount of EUR 500 000 from Title III to Title I; notes from the Agency that the decision has been approved by the Administrative Board and the Commission;

               6.

               Notes moreover that to cover the remaining gap the Agency implemented complementary measures to reduce expenditure under Title I; notes from the Agency that these measures allowed for an extra saving of less than EUR 300 000; takes note that this amount has been transferred back to Title II;

               7.

               Regrets that the errors in budgetary forecasts resulted in the cancellation or delay of certain investments; urges the Agency to inform immediately the discharge authority of the measures implemented in order to allow for better expenditure forecasts;

               8.

               Is concerned that the situation was not reported by the Court of Auditors in its report on the annual accounts of the Agency for the financial year 2010; calls on the Court of Auditors to explain this omission to the discharge authority;

      Carry-over of appropriations

               9.

               Acknowledges from the Court of Auditors that the appropriations carried forward to 2011 amounted to EUR 5 500 000, of which EUR 4 300 000 (78 %) are related to goods and services that were to be provided in 2011;

               10.

               Recalls that the Agency already carried over a substantial amount of appropriations in the financial years 2008 and 2009 to the financial year 2010; considers that these serious breaches of the budgetary principle of annuality can no longer be accepted in the future and that discharge should be refused on the next occasion, in the event that there is a further breach of that budgetary principle; calls on the Agency to take the measures required to remedy the situation without delay;

               11.

               Is of the opinion that the Agency did not adequately address the problem of appropriations being carried forward from one year to the next; recalls the importance of the budgetary principle of annuality; calls on the Agency to inform the discharge authority about actions taken to improve the annual budget implementation and to decrease the carry-overs of budget appropriations;

               12.

               Notes nevertheless the Agency’s reply which argues that it is analysing the possibility to conclude framework contracts for studies much sooner after the adoption of the budget; notes also that the Agency committed, for the years 2011 and 2012, to review its budget forecasts to better align them to its real needs and to optimise the use of its budgetary resources;

               13.

               Calls on the Agency to inform the discharge authority when the report to be attached to each year’s budget on the unspent appropriations carried over from previous years, will be ready; reminds the Agency that this request was already made during the previous discharge procedure;

      Public procurement

               14.

               Notes that in the Annual Work Programme (AWP) the Agency, in order to facilitate annual procurement planning, will introduce ABAC Contract to support the decentralised contract management;

               15.

               Observes from the Agency’s AAR that 21 procurement procedures (negotiated and opened) were launched in 2010 and 12 were completed in 2010;

      Accounting system

               16.

               Observes from the Agency’s AAR that the Agency updated its Manual for Financial procedures in line with the modules of ABAC Workflow and ABAC assets;

               17.

               Welcomes the Agency’s implementation, as of 1 September 2010, of a centralised system for registration of incoming invoices; stresses that this measure is necessary to ensure the timely recording of all invoices and contributes to avoiding delays in processing payments;

      Human resources

               18.

               Notes from the Agency’s RBFMI that on 31 December 2010 the Agency employed 133 temporary agents (TAs) and 9 contract agents (CAs); takes also note that recruitment procedures are still ongoing in order to reach the 139 TAs foreseen in the 2010 establishment plan and subsequently the 144 TAs foreseen in 2011;

               19.

               Notes from the RBFMI that the Agency included 6 seconded national experts in 2010;

               20.

               Acknowledges from the Agency that it has developed a consolidated manual on different rules, instructions and guidelines governing staff recruitment; stresses that it is important to process and manage individual recruitment without compromising the principle of equal treatment of candidates;

      Performance

      AWP and strategic planning

               21.

               Calls on the Agency to include in its AWP clearer information on the global budgetary envelope reserved for procurements and the indicative number and types of contracts envisaged; notes in fact that Article 60(3) of the Agency’s Financial Regulation requires so when stating that ‘the work programme of the Agency shall be equivalent to a financing decision for the activities it covers, provided that they are clearly identified and the underlying criteria are spelled out precisely’;

               22.

               Urges moreover the Agency to create a Multi-Annual Plan translating long-term objectives into multi-annual tasks and associated Key Performance Indicators; underlines that this would better provide stakeholders with information on the objectives/activities, strategic priorities and resource allocation;

               23.

               Notes from the AAR that the Agency’s business planning and budget structure was reviewed in 2010 with a view to introducing activity based planning from 2012;

      Two locations

               24.

               Considers that using two locations (Lille and Valenciennes) for carrying out its activities exposes the Agency to additional costs; notes, also, that this observation has been made since 2006 and that no action has been taken by the Council to change the Decision 2004/97/EC, Euratom (6) obliging the Agency to have a double seat;

      Internal audit

               25.

               Acknowledges from the Agency that the Internal Audit Service (IAS) carried out an audit on the planning and budgeting processes in 2010 in order to provide reasonable assurance on the internal control system of the Agency as regards its planning and budgeting processes; notes that the IAS recommendations concern the strategic planning, the coherence and accuracy of the draft estimate revenue and expenditure, the AWP as financing decision and mid-term IT strategy; calls therefore on the Agency to implement the necessary measures to fulfil these IAS recommendations;

               26.

               Calls on the Agency to implement the IAS recommendations related to the audit on Human Resources (HR) management undertaken by the IAS in 2009; notes that the implementation of three of these recommendations (on HR management in annual planning, on compliance with rules and principles of transparency in staff appraisal, on the disclosure of an exception to the staff regulation) have experienced a delay of 6-12 months; calls on the Agency to inform the discharge authority about the progress of implementation of these IAS recommendations;

               27.

               Welcomes the Agency’s initiative of having set up at the end of 2007 an Internal Audit Capability that is dedicated to providing support and advice to its Executive Director and management on internal control, risk assessment and internal audit;

               28.

               Draws attention to its recommendations from previous discharge reports, as set out in the Annex to this resolution;

               29.

               Draws the Agency’s attention to the Resolution of the European Parliament of 10 May 2011 on the 2009 discharge: performance, financial management and control of EU agencies (7); calls on the Agency to comply with it;

               30.

               Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 10 May 2012 (8) on the performance, financial management and control of the agencies.

      (1)  OJ C 366, 15.12.2011, p. 100.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 164, 30.4.2004, p. 1.

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

      (5)  OJ L 250, 27.9.2011, p. 191.

      (6)  Decision 2004/97/EC, Euratom taken by common agreement between the Representatives of the Member States, meeting at Head of State or Government level, of 13 December 2003, on the location of the seats of certain offices and agencies of the European Union (OJ L 29, 3.2.2004, p. 15). See Article 1(f) thereof.

      (7)  OJ L 250, 27.9.2011, p. 269.

      (8)  Texts adopted, P7_TA(2012)0164 (see page 388 of this Official Journal).


Avis juridique important

|

41981D0057

81/57/ECSC: Decision of the Representatives of the Governments of the Member States of the European Coal and Steel Community, meeting within the Council of 20 January 1981 laying down the provisional arrangements applicable to trade between the Hellenic Republic and the ACP States in products covered by that Community

Official Journal L 053 , 27/02/1981 P. 0065 - 0066

++++DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY , MEETING WITHIN THE COUNCIL  OF 20 JANUARY 1981  LAYING DOWN THE PROVISIONAL ARRANGEMENTS APPLICABLE TO TRADE BETWEEN THE HELLENIC REPUBLIC AND THE ACP STATES IN PRODUCTS COVERED BY THAT COMMUNITY   ( 81/57/ECSC )  THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY , MEETING WITHIN THE COUNCIL ,  WHEREAS THE MEMBER STATES HAVE CONCLUDED AMONG THEMSELVES THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY ;  WHEREAS NEGOTIATIONS WERE OPENED BETWEEN THE COMMUNITY AND THE ACP STATES ON 28 NOVEMBER 1980 WITH A VIEW TO CONCLUDING A PROTOCOL ADJUSTING THE SECOND ACP - EEC CONVENTION IN ORDER TO TAKE ACCOUNT OF THE ACCESSION OF THE HELLENIC REPUBLIC ;  WHEREAS THE 1979 ACT OF ACCESSION PROVIDES IN THE FIRST PARAGRAPH OF ARTICLE 119 THEREOF THAT IF SUCH A PROTOCOL IS NOT CONCLUDED ON 1 JANUARY 1981 THE COMMUNITY SHALL TAKE THE NECESSARY MEASURES TO DEAL WITH THIS SITUATION AFTER ACCESSION ;  WHEREAS IT IS NECESSARY TO ESTABLISH UNILATERALLY THE SPECIFIC CONDITIONS OF APPLICATION BY THE HELLENIC REPUBLIC , OF THE TRADE ARRANGEMENTS RESULTING FROM THE AGREEMENT ON PRODUCTS WITHIN THE PROVINCE OF THE EUROPEAN COAL AND STEEL COMMUNITY , SIGNED AT LOME ON 31 OCTOBER 1979 PENDING THE RESULT OF NEGOTIATIONS WHICH ARE TAKING PLACE WITH THE ACP STATES WITH A VIEW TO CONCLUDING A PROTOCOL CONTAINING ADJUSTMENTS TO AND TRANSITORY MEASURES RELATING TO THE ABOVEMENTIONED AGREEMENT TO TAKE ACCOUNT OF THE ACCESSION OF THE HELLENIC REPUBLIC ;  IN AGREEMENT WITH THE COMMISSION ,  HAVE DECIDED AS FOLLOWS :  ARTICLE 1  FROM 28 FEBRUARY 1981 UNTIL 30 APRIL 1981 , THE PROVISIONAL ARRANGEMENTS APPLICABLE TO TRADE BETWEEN THE HELLENIC REPUBLIC AND THE ACP STATES SHALL BE THOSE RESULTING FROM THE AGREEMENT ON ECSC PRODUCTS AND THE ANNEX TO THIS DECISION .  THE ARRANGEMENTS APPLICABLE TO TRADE TO ENTER INTO FORCE AS FROM 1 MAY 1981 WILL BE ESTABLISHED LATER ON .  ARTICLE 2  MEMBER STATES SHALL TAKE THE MEASURES NECESSARY TO IMPLEMENT THIS DECISION .  DONE AT BRUSSELS , 20 JANUARY 1981 .  THE PRESIDENT  CH . A . VAN DER KLAAUW  ANNEX  SPECIFIC CONDITIONS OF APPLICATION OF THE AGREEMENT BETWEEN THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY AND THE ACP STATES TO TAKE ACCOUNT OF THE ACCESSION OF THE HELLENIC REPUBLIC  ARTICLE 1  FOR THE PRODUCTS COVERED BY THE AGREEMENT , THE HELLENIC REPUBLIC SHALL PROGRESSIVELY ABOLISH CUSTOMS DUTIES ON IMPORTS OF PRODUCTS ORIGINATING IN THE ACP STATES IN ACCORDANCE WITH THE FOLLOWING TIMETABLE :   - ON 28 FEBRUARY 1981 , EACH DUTY SHALL BE REDUCED TO 90 % OF THE BASIC DUTY ,   - ON 1 JANUARY 1982 , EACH DUTY SHALL BE REDUCED TO 80 % OF THE BASIC DUTY ,   - THE FOUR OTHER REDUCTIONS OF 20 % EACH SHALL BE MADE ON :   - 1 JANUARY 1983 ,   - 1 JANUARY 1984 ,   - 1 JANUARY 1985 ,   - 1 JANUARY 1986 .  ARTICLE 2  THE BASIC DUTY TO WHICH THE SUCCESSIVE REDUCTIONS AS PROVIDED FOR IN ARTICLE 1 ARE TO BE APPLIED SHALL , FOR EACH PRODUCT , BE THE DUTY ACTUALLY APPLIED ON 1 JULY 1980 BY THE HELLENIC REPUBLIC IN RESPECT OF THE ACP STATES .  ARTICLE 3  1 . THE HELLENIC REPUBLIC SHALL PROGRESSIVELY ABOLISH CHARGES HAVING AN EQUIVALENT EFFECT TO CUSTOMS DUTIES ON IMPORTS OF PRODUCTS ORIGINATING IN THE ACP STATES IN ACCORDANCE WITH THE FOLLOWING TIMETABLE :   - ON 28 FEBRUARY 1981 , EACH CHARGE SHALL BE REDUCED TO 90 % OF THE BASIC RATE ,   - ON 1 JANUARY 1982 , EACH CHARGE SHALL BE REDUCED TO 80 % OF THE BASIC RATE ,   - THE FOUR OTHER REDUCTIONS OF 20 % EACH SHALL BE MADE ON :   - 1 JANUARY 1983 ,   - 1 JANUARY 1984 ,   - 1 JANUARY 1985 ,   - 1 JANUARY 1986 .  2 . THE BASIC RATE TO WHICH THE SUCCESSIVE REDUCTIONS AS PROVIDED FOR IN PARAGRAPH 1 ARE TO BE APPLIED , SHALL , FOR EACH PRODUCT BE THE RATE APPLIED BY THE HELLENIC REPUBLIC ON 31 DECEMBER 1980 IN RESPECT OF THE COMMUNITY OF NINE .  3 . ANY CHARGE HAVING AN EQUIVALENT EFFECT TO A CUSTOMS DUTY ON IMPORTS INTRODUCED AS FROM 1 JANUARY 1979 IN TRADE BETWEEN GREECE AND THE ACP STATES SHALL BE ABOLISHED ON 28 FEBRUARY 1981 .  ARTICLE 4  IF THE HELLENIC REPUBLIC SUSPENDS OR REDUCES , MORE QUICKLY THAN ENVISAGED IN THE ESTABLISHED TIMETABLE , CUSTOMS DUTIES OR CHARGES HAVING AN EQUIVALENT EFFECT ON PRODUCTS IMPORTED FROM THE COMMUNITY OF NINE , THE HELLENIC REPUBLIC SHALL ALSO SUSPEND OR REDUCE , TO THE SAME LEVEL , THESE DUTIES OR CHARGES HAVING AN EQUIVALENT EFFECT ON PRODUCTS ORIGINATING IN THE ACP STATES .  ARTICLE 5  1 . IMPORT DEPOSITS AND CASH PAYMENTS IN FORCE IN GREECE ON 31 DECEMBER 1980 WITH REGARD TO IMPORTS OF PRODUCTS ORIGINATING IN THE ACP STATES SHALL BE PROGRESSIVELY ELIMINATED OVER A PERIOD OF THREE YEARS FROM 28 FEBRUARY 1981 .  THE RATE OF IMPORT DEPOSITS AND CASH PAYMENTS SHALL BE REDUCED IN ACCORDANCE WITH THE FOLLOWING TIMETABLE :   - 28 FEBRUARY 1981 : 25 % ,   - 1 JANUARY 1982 : 25 % ,   - 1 JANUARY 1983 : 25 % ,   - 1 JANUARY 1984 : 25 % .  2 . IF THE HELLENIC REPUBLIC REDUCES TOWARDS THE COMMUNITY OF NINE THE RATE OF IMPORT DEPOSITS OR CASH PAYMENTS MORE QUICKLY THAN AS PROVIDED UNDER THE TIMETABLE SET OUT IN PARAGRAPH 1 , THE HELLENIC REPUBLIC SHALL MAKE THE SAME REDUCTION WITH REGARD TO IMPORTS ORIGINATING IN THE ACP STATES .