ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 275/9

COUNCIL DECISION

of 11 October 2010

amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of the Banca d’Italia

(2010/623/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Protocol on the Statute of the European System of Central Banks and of the European Central Bank annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, and in particular to Article 27.1 thereof,

Having regard to Recommendation ECB/2010/11 of the European Central Bank of 23 August 2010 to the Council of the European Union on the external auditors of the Banca d’Italia (1),

Whereas:

(1) The accounts of the European Central Bank (ECB) and of the national central banks of the Eurosystem are to be audited by independent external auditors recommended by the ECB’s Governing Council and approved by the Council of the European Union.

(2) The mandate of the current external auditors of the Banca d’Italia ended after the audit for the financial year 2009. It is therefore necessary to appoint external auditors from the financial year 2010.

(3) The Banca d’Italia has selected PricewaterhouseCoopers SpA as its external auditors for the financial years 2010 to 2015.

(4) The Governing Council of the ECB recommended that PricewaterhouseCoopers SpA should be appointed as the external auditors of the Banca d’Italia for the financial years 2010 to 2015.

(5) It is appropriate to follow the recommendation of the Governing Council of the ECB and to amend Decision 1999/70/EC (2) accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Article 1(6) of Decision 1999/70/EC is replaced by the following:

‘6. PricewaterhouseCoopers SpA is hereby approved as the external auditors of the Banca d’Italia for the financial years 2010 to 2015.’.

Article 2

This Decision shall take effect on the day of its notification.

Article 3

This Decision is addressed to the European Central Bank.

Done at Luxembourg, 11 October 2010. For the Council The President V. VAN QUICKENBORNE

(1) OJ C 233, 28.8.2010, p. 1.

(2) OJ L 22, 29.1.1999, p. 69.
EN Official Journal of the European Union L 278/28

COUNCIL DECISION

of 15 October 2010

appointing a Member of the Court of Auditors

(2010/628/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 286(2) thereof,

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

Whereas:

(1) The term of office of Mr Kikis KAZAMIAS expires on 1 November 2010.

(2) A new appointment should therefore be made,

HAS ADOPTED THIS DECISION:

Article 1

Mr Lazaros LAZAROU is hereby appointed Member of the Court of Auditors for the period from 2 November 2010 to 1 November 2016.

Article 2

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

Done at Luxembourg, 15 October 2010. For the Council The President E. SCHOUPPE

(1) Opinion of 7 October 2010 (not yet published in the Official Journal).
EN Official Journal of the European Union L 293/60

COMMISSION DECISION

of 9 November 2010

amending Decision 97/555/EC on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council Directive 89/106/EEC as regards cements, building limes and other hydraulic binders

(notified under document C(2010) 7603)

(Text with EEA relevance)

(2010/683/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Directive 89/106/EEC of 21 December 1988, on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products (1), and in particular Article 13(4)(a) thereof,

After consulting the Standing Committee on Construction,

Whereas:

(1) The Commission has adopted Decision 97/555/EC of 14 July 1997 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council Directive 89/106/EEC as regards cements, building limes and other hydraulic binders (2).

(2) Following a review of the product family ‘building limes’ the Member States and the Commission considered necessary to strengthen the role of the third party involved in the certification of the factory production control.

(3) Decision 97/555/EC should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Annex III to Decision 97/555/EC is amended in accordance with the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 9 November 2010. For the Commission Antonio TAJANI Vice-President

(1) OJ L 40, 11.2.1989, p. 12.

(2) OJ L 229, 20.8.1997, p. 9.
EN Official Journal of the European Union L 316/9

COUNCIL DECISION

of 29 November 2010

appointing a Finnish alternate member of the Committee of the Regions

(2010/733/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,

Having regard to the proposal of the Finnish Government,

Whereas:

(1) On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU and 2010/29/EU appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015 (1).

(2) An alternate member’s seat on the Committee of the Regions has become vacant following the end of the mandate of Mr Miikka SEPPÄLÄ,

HAS ADOPTED THIS DECISION:

Article 1

The following is hereby appointed to the Committee of the Regions as alternate member for the remainder of the current term of office, which runs until 25 January 2015:

Mr Antero SAKSALA

Pirkkalan kunnanvaltuuston jäsen

Article 2

This Decision shall take effect on the day of its adoption.

Done at Brussels, 29 November 2010. For the Council The President K. PEETERS

(1) OJ L 348, 29.12.2009, p. 22, and OJ L 12, 19.1.2010, p. 11.
EN Official Journal of the European Union L 338/47

COUNCIL DECISION

of 14 December 2010

amending the Council’s Rules of Procedure

(2010/795/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 240(3) thereof,

Having regard to Article 2(2) of Annex III to the Council’s Rules of Procedure (1),

Whereas:

(1) Article 3(3), fourth subparagraph, of the Protocol (No 36) on transitional provisions annexed to the Treaties provides that, until 31 October 2014, when an act is to be adopted by the Council by a qualified majority, and if a member of the Council so requests, it shall be verified that the Member States constituting the qualified majority represent at least 62 % of the total population of the Union calculated according to the population figures set out in Article 1 of Annex III to the Council’s Rules of Procedure (hereinafter ‘Rules of Procedure’).

(2) Article 2(2) of Annex III to the Rules of Procedure provides that, with effect from 1 January each year, the Council, in accordance with the data available to the Statistical Office of the European Union on 30 September of the preceding year, amends the figures set out in Article 1 of that Annex.

(3) The Rules of Procedure should therefore be amended accordingly for 2011,

HAS ADOPTED THIS DECISION:

Article 1

Article 1 of Annex III to the Rules of Procedure shall be replaced by the following:

‘Article 1 For the purposes of implementing Article 16(5) of the TEU and Article 3(3) and (4) of the Protocol (No 36) on transitional provisions, the total population of each Member State for the period from 1 January 2011 to 31 December 2011 shall be as follows: Member State Population (× 1 000) Germany 81 802,3 France 64 714,1 United Kingdom 62 008,0 Italy 60 340,3 Spain 45 989,0 Poland 38 167,3 Romania 21 462,2 Netherlands 16 575,0 Greece 11 305,1 Belgium 10 827,0 Portugal 10 637,7 Czech Republic 10 506,8 Hungary 10 014,3 Sweden 9 340,7 Austria 8 375,3 Bulgaria 7 563,7 Denmark 5 534,7 Slovakia 5 424,9 Finland 5 351,4 Ireland 4 467,9 Lithuania 3 329,0 Latvia 2 248,4 Slovenia 2 047,0 Estonia 1 340,1 Cyprus 803,1 Luxembourg 502,1 Malta 413,0 Total 501 090,4 Threshold (62 %) 310 676,1’

Article 2

This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

It shall apply from 1 January 2011.

Done at Brussels, 14 December 2010. For the Council The President S. VANACKERE

(1) Council Decision 2009/937/EU of 1 December 2009 adopting the Council’s Rules of Procedure (OJ L 325, 11.12.2009, p. 35).
EN Official Journal of the European Union L 275/10

DECISION OF THE EUROPEAN CENTRAL BANK

of 14 October 2010

concerning the administration of the borrowing and lending operations concluded by the Union under the European financial stabilisation mechanism

(ECB/2010/17)

(2010/624/EU)

THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 122(2) and 132(1) thereof,

Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Articles 17 and 21 and Article 34.1 thereof,

Having regard to Council Regulation (EU) No 407/2010 of 11 May 2010 establishing a European financial stabilisation mechanism (1), and in particular Article 8 thereof,

Whereas:

(1) Regulation (EU) No 407/2010 provides for possible Union financial assistance to Member States which are experiencing, or are seriously threatened with, a severe economic or financial disturbance caused by exceptional occurrences beyond their control in the form of loans or credit lines to be granted by a decision of the Council of the European Union.

(2) According to Article 8 of Regulation (EU) No 407/2010 the European Commission will establish the necessary arrangements for the administration of the loans with the European Central Bank (ECB). The payments of principal and interest due under the loans will be transferred by the beneficiary Member State to an account with the ECB 14 TARGET2 business days prior to the corresponding due date.

(3) In order to fulfil the tasks intended for the ECB under Regulation (EU) No 407/2010, the ECB considers it appropriate to open specific accounts, upon request, for the Commission and for national central banks of beneficiary Member States,

HAS ADOPTED THIS DECISION:

Article 1

The ECB shall perform the tasks in relation to the administration of loans, and shall effect payments connected with the Union’s borrowing and lending operations under the European financial stabilisation mechanism, as stipulated in Regulation (EU) No 407/2010.

Article 2

The ECB shall, upon request of the Commission, open accounts in the name of the Commission and, upon request of a national central bank of a beneficiary Member State, open accounts in the name of such national central bank.

Article 3

The accounts referred to in Article 2 shall be used to process payments in connection with the European financial stabilisation mechanism for the benefit of Member States.

Article 4

The ECB shall pay interest on the balance standing overnight to the credit of such accounts in an amount equivalent to the applicable ECB deposit facility rate on an actual/360 basis.

Article 5

The ECB’s Executive Board shall make all the arrangements necessary to give effect to this Decision.

Article 6

This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

Done at Frankfurt am Main, 14 October 2010. The President of the ECB Jean-Claude TRICHET

(1) OJ L 118, 12.5.2010, p. 1.
EN Official Journal of the European Union L 312/22

COMMISSION DECISION

of 26 November 2010

authorising Portugal to use data relating to years earlier than the last year but one in order to calculate the VAT own resources base

(notified under document C(2010) 8209)

(Only the Portuguese text is authentic)

(2010/720/EU, Euratom)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to the Treaty establishing the European Atomic Energy Community,

Having regard to Council Regulation (EEC, Euratom) No 1553/89 of 29 May 1989 on the definitive uniform arrangements for the collection of own resources accruing from value added tax (1), and in particular the second subparagraph of Article 4(4) thereof,

After consulting the Advisory Committee on Own Resources,

Whereas:

(1) Portugal has requested authorisation from the Commission to use national accounts for years earlier than the last year but one in order to calculate the VAT own resources base for the financial year 2009.

(2) For the purposes of the breakdown of transactions by statistical category provided for in Article 4(4) of Regulation (EEC, Euratom) No 1553/89, Portugal is unable to use national accounts relating to the last year but one before the financial year for which VAT resources base is to be calculated, since only the national accounts relating to 2006 are sufficiently detailed to enable the weighted average rate to be calculated for the financial year 2009. Portugal should therefore be authorised to use national accounts relating to 2006 in order to calculate the weighted average rate for the financial year 2009,

HAS ADOPTED THIS DECISION:

Article 1

For the purposes of the breakdown of transactions by statistical category, Portugal is authorised to use data taken from the national accounts relating to 2006 in order to calculate the VAT own resources base for the financial year 2009.

Article 2

This Decision is addressed to the Portuguese Republic.

Done at Brussels, 26 November 2010. For the Commission Janusz LEWANDOWSKI Member of the Commission

(1) OJ L 155, 7.6.1989, p. 9.
EN Official Journal of the European Union L 318/52

DECISION OF THE EUROPEAN CENTRAL BANK

of 29 November 2010

on the approval of the volume of coin issuance in 2011

(ECB/2010/25)

(2010/751/EU)

THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 128(2) thereof,

Having regard to Council Decision 2010/416/EU of 13 July 2010 in accordance with Article 140(2) of the Treaty on the adoption by Estonia of the euro on 1 January 2011 (1), and in particular Article 1 thereof,

Whereas:

(1) The European Central Bank (ECB) has the exclusive right from 1 January 1999 to approve the volume of coins issued by the Member States whose currency is the euro.

(2) The derogation in favour of Estonia referred to in Article 4 of the 2003 Act of Accession has been abrogated with effect from 1 January 2011.

(3) The 16 Member States whose currency is the euro and Estonia have submitted to the ECB for approval their estimates of the volume of euro coins to be issued in 2011, supplemented by explanatory notes on the forecasting methodology,

HAS ADOPTED THIS DECISION:

Article 1

Approval of the volume of euro coins to be issued in 2011

The ECB hereby approves the volume of euro coins to be issued by the Member States whose currency is the euro in 2011 as described in the following table:

(EUR million) Issuance of coins intended for circulation and issuance of collector coins (not intended for circulation) in 2011 Belgium 178,3 Germany 629 Estonia 48,4 Ireland 44,4 Greece 54,5 Spain 180 France 300 Italy 262,4 Cyprus 15,6 Luxembourg 30 Malta 6,8 Netherlands 64 Austria 277 Portugal 30 Slovenia 36 Slovakia 42,2 Finland 60

Article 2

Final provision

This Decision is addressed to the Member States whose currency is the euro and Estonia.

Done at Frankfurt am Main, 29 November 2010. The President of the ECB Jean-Claude TRICHET

(1) OJ L 196, 28.7.2010, p. 24.
EN Official Journal of the European Union L 313/1

COUNCIL DECISION

of 22 November 2010

on the conclusion of a Second Additional Protocol to the Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union

(2010/726/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217, in conjunction with Article 218(6)(a) and Article 218(8), thereof,

Having regard to the Treaty of Accession of the Republic of Bulgaria and Romania, and in particular Article 4(3) thereof,

Having regard to the Act of Accession of the Republic of Bulgaria and Romania, and in particular Article 6(2) thereof,

Having regard to the proposal from the European Commission,

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

Whereas:

(1) The Second Additional Protocol to the Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, was signed on behalf of the European Community and its Member States on 24 July 2007.

(2) As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community.

(3) The Second Additional Protocol should be concluded,

HAS ADOPTED THIS DECISION:

Article 1

The Second Additional Protocol to the Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union (2), is hereby approved on behalf of the Union and its Member States.

Article 2

The President of the Council shall, on behalf of the Union and its Member States, give the notification provided for in Article 10 of the Second Additional Protocol.

Article 3

The President of the Council shall, on behalf of the Union, make the following notification:

‘As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community and from that date exercises all rights and assumes all obligations of the European Community. Therefore, references to “the European Community” in the text of the Protocol are, where appropriate, to be read as “the European Union”.’

Article 4

This Decision shall enter into force on the day of its adoption.

Done at Brussels, 22 November 2010. For the Council The President C. ASHTON

(1) OJ C 263 E, 16.10.2008, p. 149.

(2) The Second Additional Protocol has been published in OJ L 251, 26.9.2007, p. 2, together with the decision on signing. A procès-verbal of rectification to the Second Additional Protocol in the Spanish language version has been published in OJ L 255, 23.9.2008, p. 34.
EN Official Journal of the European Union L 320/8

POLITICAL AND SECURITY COMMITTEE DECISION ATALANTA/5/2010

of 26 November 2010

on the appointment of an EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta)

(2010/753/CFSP)

THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular Article 38 thereof,

Having regard to Council Joint Action 2008/851/CFSP of 10 November 2008 on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (1) (Atalanta), and in particular Article 6 thereof,

Whereas:

(1) Pursuant to Article 6 of Joint Action 2008/851/CFSP, the Council authorised the Political and Security Committee (PSC) to take decisions on the appointment of the EU Force Commander.

(2) On 19 July 2010, the PSC adopted Decision Atalanta/4/2010 (2) appointing Rear Admiral Philippe COINDREAU as EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast.

(3) The EU Operation Commander has recommended the appointment of Rear Admiral Juan RODRÍGUEZ GARAT as the new EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast.

(4) The EU Military Committee supports that recommendation.

(5) In accordance with Article 5 of the Protocol (No 22) on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications,

HAS ADOPTED THIS DECISION:

Article 1

Rear Admiral Juan RODRÍGUEZ GARAT is hereby appointed EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast.

Article 2

This Decision shall enter into force on 14 December 2010.

Done at Brussels, 26 November 2010. For the Political and Security Committee The Chairman W. STEVENS

(1) OJ L 301, 12.11.2008, p. 33.

(2) OJ L 199, 31.7.2010, p. 28.
EN Official Journal of the European Union L 342/24

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 15 December 2010

on mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2010/023 ES/Lear from Spain)

(2010/812/EU)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof,

Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund (2), and in particular Article 12(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The European Globalisation Adjustment Fund (EGF) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market.

(2) The scope of the EGF was broadened for applications submitted from 1 May 2009 to include support for workers made redundant as a direct result of the global financial and economic crisis.

(3) The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the EGF within the annual ceiling of EUR 500 million.

(4) Spain submitted an application on 23 July 2010 to mobilise the EGF in respect of redundancies in the enterprise Lear and supplemented it with additional information on 10 August 2010. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006. The Commission, therefore, proposes to mobilise an amount of EUR 382 200.

(5) The EGF should, therefore, be mobilised in order to provide a financial contribution for the application submitted by Spain,

HAVE ADOPTED THIS DECISION:

Article 1

For the general budget of the European Union for the financial year 2010, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 382 200 in commitment and payment appropriations.

Article 2

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

Done at Strasbourg, 15 December 2010. For the European Parliament The President J. BUZEK For the Council The President O. CHASTEL

(1) OJ C 139, 14.6.2006, p. 1.

(2) OJ L 406, 30.12.2006, p. 1.