ddrg/super_eurlex huggingface dataset:
Official Journal of the European Union

Special report No 15/2021

Air passenger rights during the COVID-19 pandemic: Key rights not protected despite Commission efforts

(2021/C 258/05)

The European Court of Auditors hereby informs you that special report No 15/2021 ‘Air passenger rights during the COVID-19 pandemic: Key rights not protected despite Commission efforts’ has just been published.

The report can be accessed for consultation or downloading on the European Court of Auditors’ website: http://eca.europa.eu
Official Journal of the European Union

Special report No 3/2022

5G roll-out in the EU: delays in deployment of networks with security issues remaining unresolved

(2022/C 44/08)

The European Court of Auditors hereby informs you that special report No 3/2022 ‘5G roll-out in the EU: delays in deployment of networks with security issues remaining unresolved’ has just been published.

The report can be accessed for consultation or downloading on the European Court of Auditors’ Internet: http://eca.europa.eu.
Official Journal of the European Union

Special report 20/2022:

‘EU action to combat illegal fishing – Control systems in place but weakened by uneven checks and sanctions by Member States’

(2022/C 369/04)

The European Court of Auditors has published its special report 20/2022: ‘EU action to combat illegal fishing – Control systems in place but weakened by uneven checks and sanctions by Member States’.

The report can be consulted directly or downloaded at the European Court of Auditors’ website: https://www.eca.europa.eu/en/Pages/DocItem.aspx?did=61941
Official Journal of the European Union

Special report 13/2022

‘Free movement in the EU during the COVID-19 pandemic – Limited scrutiny of internal border controls, and uncoordinated actions by Member States’

(2022/C 231/06)

The European Court of Auditors has published its special report 13/2022: ‘Free movement in the EU during the COVID-19 pandemic – Limited scrutiny of internal border controls, and uncoordinated actions by Member States’.

The report can be consulted directly or downloaded at the European Court of Auditors’ website: https://www.eca.europa.eu/en/Pages/DocItem.aspx?did=61240
I — Pursuant to the provisions of article 287 of the Treaty on the Functioning of the European Union (TFEU) and Article 49 of the Financial Regulation applicable to the 10th EDF as regards the application of the transition period between the 10th European Development Fund and the 11th European Development Fund until the entry into force of the 11th European Development Fund Internal Agreement, which also applies to previous EDFs, we have audited: (a) the annual accounts of the 8th, 9th, 10th and 11th European Development Funds which comprise the balance sheet, the economic outturn account, the statement of cash flow, the statement of changes in net assets and the table of items payable to the European Development Funds and the report on financial implementation for the financial year ended 31 December 2014 approved by the Commission on 24 July 2015; and (b) the legality and regularity of the transactions underlying those accounts within the legal framework of the EDFs in respect of the part of the EDF resources for whose financial management the Commission is responsible (1). Management’s responsibility II — In accordance with Articles 310 to 325 of the TFEU and the applicable Financial Regulations (2), management is responsible for the preparation and presentation of the annual accounts of the EDFs on the basis of internationally accepted accounting standards for the public sector (3) and for the legality and regularity of the transactions underlying them. This responsibility includes the design, implementation and maintenance of internal control relevant to the preparation and presentation of financial statements that are free from material misstatement, whether due to fraud or error. Management is also responsible for ensuring that the activities, financial transactions and information reflected in the financial statements are in compliance with the authorities which govern them. The Commission bears the ultimate responsibility for the legality and regularity of the transactions underlying the accounts of the EDFs (Article 317 of the TFEU).
GS/LD/97/128
OPINION OF THE EUROPEAN MONETARY INSTITUTE
on a consultation from the Bank of Greece under Article 109f (6) of the Treaty establishing the
European Community (the “Treaty”) and Article 5.3 of the Statute of the EMI as elaborated in the
Council Decision of 22nd November 1993 (93/717/EC) (the “Decision”)
on draft legislative provisions supplementing Law 5422/1932 referring to the regulatory framework for
the operation, control and supervision by the Bank of Greece of persons (legal or natural) authorised to
buy and sell foreign currency, especially credit institutions and bureaux de change.
CON/97/03
1. The above consultation was initiated by the Bank of Greece, which on 17th February 1997
submitted the relevant draft provisions to the European Monetary Institute.
2. The EMI’s competence to deliver an opinion is based on Article 1, section 1 of the Decision, as
the draft provisions relate, inter alia, to the following: the status and powers of the Bank of
Greece (second indent of section 1); and, rules which may have an impact upon the stability of
financial institutions and markets (fifth indent of section 1).
3. It is foreseen in the draft provisions that the Bank of Greece will be further involved in the
supervision of legal and natural persons authorised to buy and sell foreign currency by setting the
general regulatory framework for the operation, control and supervision of such parties. The
EMI is of the opinion that this further involvement is not, in principle, inconsistent with the
requirement for independence of central banks, imposed by Article 107 of the Treaty as
reflected in Article 7 of the Statute of the ESCB, nor is it incompatible with either the Treaty or
the Statute of the ESCB (so as to be contrary to the requirements of Article 108 of the Treaty as
reflected in Article 14.1 of the Statute of the ESCB). This evaluation does not prejudge the rights
of the ECB under Article 14.4 of the Statute of the ESCB.
4. With regard to the substance of the envisaged measures the draft entitles the Bank, in particular,
to request bureaux de change to establish a higher minimum capital than applying for other
sociétés anonymes, to differentiate this amount according to the number of branches in operation
and to oblige to deposit part of this amount with the Bank of Greece. The Bank may also lay
down the details for cases of non-compliance. These competence given to the Bank of Greece
can be considered as aiming at ensuring the soundness and reliability of the market participants
- 2 -
and therefore foster the overall stability of financial institutions or financial markets. They do not
infringe the Treaty on European Union or its underlying principles.
5. The EMI confirms that it has no objection to this opinion being made public.
17 March 1997
OPINION OF THE EUROPEAN CENTRAL BANK
at the request of the Banco de España under Articles 109l (2) and 109f (6) of the Treaty
establishing the European Community (hereinaft er referred to as the Treaty) and Article 5.3
of the Statute of the European Monetary Inst itute (hereinafter referred to as the EMI) on a
draft Monetary Circular Letter amending the Spa nish regime of minimum reserves for the two
last months of 1998 (hereinafter referred to as the Circular)
CON/98/41
1. On 13 August 1998 the European Central Bank (her einafter referred to as the ECB) received
a request from the Banco de España for an opinion on a draft Monetary Circular Letter
amending the Spanish regime of minimum reserves for the two last months of 1998.
2. In accordance with Article 109l (2) of the Tr eaty, the ECB has taken over the advisory
functions of the EMI, which went into liqui dation upon the establishment of the ECB on 1 June
1998. The ECBs competence to deliver an opi nion is based on Article 1.1 of the Council
Decision (93/717/EC) of 22 Nove mber 1993 on the consultation of the EMI by the authorities
of the Member States on draft legislative provis ions, as the Circular contains rules on monetary
policy instruments. In accordan ce with Articles 12.4 and 47.1, sec ond indent, of the Statute of
the European System of Central Banks and of th e European Central Bank (hereinafter referred
to as the Statute), this Opinion has been adopted by the Governing Council of the ECB with
the contribution of the General Council of the ECB.
3. The aim of the Circular is to prepare the syst em of minimum reserves (coeficiente de caja)
for the situation in 1999, when minimum reserves will be imposed by the ECB. To that end, the
Circular introduces two basic amendments:
- the period for computing the amount of the minimum reserves is set at one month,
instead of the current period of ten days;
- the amount of the liability base is to be frozen at the amount existing in October 1998
and the corresponding data reporting is to be suspended for the last two months ofthe year.
- 2 -
4. The ECB welcomes the proposal, which is aimed at facilitating the changeover to the new
regime for minimum reserves that will apply as from 1 January 1999.
5. The ECB confirms that it has no objection to this  Opinion being made public by the competent
Spanish authorities at their discretion.
Done at Frankfurt am Main on 8 September 1998
The President of the ECB
[signed]
________________________
Willem F. Duisenberg
EN
OPINION OF THE EUROPEAN CENTRAL BANK
of 26 April 2001
at the request of the Ministry of Finance of th e Grand Duchy of Luxembourg on a draft law and
a draft Grand-Duchy regulation concerning th e 2002 euro cash changeover and modifying
certain legislative provisions
CON/2001/7
1. On 26 February 2001, the European Central Bank  (ECB) received a request from the Ministry
of Finance of the Grand Duchy of Luxem bourg on a draft law and a draft Grand-Duchy
regulation concerning the 2002 euro cash changeover.
2. The ECBs competence to deliver an opinion is based on Article 2 of Council Decision
98/415/EC of 29 June 1998 on the consultation of  the European Central Bank by national
authorities regarding draft legislative provisions 1. In accordance with the first sentence of
Article 17.5 of the Rules of Procedure of the European Central Bank, this opinion has been
adopted by the Governing Council of the ECB.
3. The draft legislative documents are respectivel y entitled (i) Draft Law relating to the cash
changeover on 1 January 2002 and modifying certain  legislative provisions; and (ii) Draft
Grand-Duchy Regulation relating to the cash changeover on 1 January 2002 and modifyingcertain legislative provisions. 
4. As the content of both drafts consists esse ntially of converting and adapting legislative
provisions previously expressed in francs and now expressed in euro, it is recommended to
name both documents respectively: (i) Draft La w relating to the adaptation of certain amounts
expressed in francs2 and (ii) Draft Grand-Duchy Regulation relating to the adaptation of
certain amounts expressed in francs3.
5. The ECB notes that the laws on financial, banking and commercial activities are not covered by
the draft Law and the draft Regulation.
                                                          
1OJ L 189, 3.7.1998, pp. 42-43.
2In French:  Loi portant adaptation de certains montants libellés en francs .
3In French:  Règlement grand-ducal portant adaptation de  certains montants libellés en francs .
26. The ECB confirms that it has no objection to publication of this opinion by the competent
national authorities at their discretion.
Done at Frankfurt am Main on 26 April 2001.
The President of the ECB
[signed]
Willem F. DUISENBERG
EN
OPINION OF THE EUROPEAN CENTRAL BANK
of 26 September 2001
at the request of the Ministry of Finance of the Grand Duchy of Luxembourg on a draft Grand-
Duchy regulation relating to a derogation from  the provisions concern ing State officials or
probationer officials in respect of agents of the Banque centrale du Luxembourg subjected to
public law status as defined by Article 14( 3)(a) of the Law of 23 December 1998 relating to
monetary status and the Banque centrale du Luxembourg
(CON/2001/28)
1. On 7 August 2001, the European Central Bank (E CB) received a request from the Ministry of
Finance of the Grand Duchy of Luxembourg on a draft Grand-Duchy regulation concerning the
status of certain agents of th e Banque centrale du Luxembourg (BCL).
2. The ECBs competence to deliver an opinion is based on the third indent of Article 2(1) of
Council Decision 98/415/EC of 29 June 1998 on the consultation of the European Central Bank
by national authorities regarding draft legislative provisions1, since the draft Regulation lays
down provisions concerning the national central  bank. In accordance with the first sentence of
Article 17.5 of the Rules of Procedure of the European Central Bank, this opinion has been
adopted by the Governing Council of the ECB.
3. The draft Regulation implements Article 14(3)(a ) of the Law of 23 December 1998 defining the
status of the BCL. A transla tion of this Article reads:
Central Bank agents who occupy the posts speci fied in the organisational chart referred to in
Article 29(2), which involve, either directly or indirectly, the exercise of public power and tasks
safeguarding the general interests of the State or other public authorities, have public law status
consisting in the application, if necessary by anal ogy, of the provisions relating to officials and
probationer officials, save as otherwise provided  in a Grand-Ducal regulation to be adopted in
the interests of the proper func tioning of the Central Bank.
4. Taking into account the particular constraints of  the BCL, the draft Regulation defines the areas
of derogation from the general status of State officials2. The main reason for this derogation is
                                                          
1OJ L 189, 3.7.1998, p. 42.
2Consolidated version, Mémorial  (Luxembourg Official Journal) No 95, 10.11.1998, p 2364. 
2due to the fact that the BCL forms part of th e European System of Central Banks (ESCB). As
such, the BCL must be granted the means to accomplish its objectives and missionsindependently from inter alia national authorities, as laid down in the Treaty establishing the
European Community. 
5. The ECB welcomes the draft Regulation as it pres ently reads, since it appears to grant the BCL
adequate autonomy and independence in the management of its staff in order to perform itsobjectives and missions in relation to the ESCB. 
6. The ECB confirms that it has no objection to the competent national authorities making this
opinion publicly available at their discretion.
Done at Frankfurt am Main on 26 September 2001.
The President of the ECB
[signed]
Willem F. DUISENBERG
Opinion of the Governing Council of the European Central Bank

of 31 July 2003

on a recommendation from the Council of the European Union on the appointment of the President of the European Central Bank

(CON/2003/13)

(2003/C 187/12)

1. On 18 July 2003, the Council of the European Union requested the Governing Council of the European Central Bank (ECB) to deliver its opinion on Council Recommendation 2003/518/EC of 15 July 2003 on the appointment of the President of the European Central Bank(1).

2. The abovementioned recommendation, which will be submitted to the Heads of State or Government of the Member States that have adopted the euro for their decision, after consultation of the Governing Council of the ECB and the European Parliament, recommends that Jean-Claude Trichet be appointed President of the ECB for a term of office of eight years with effect from 1 November 2003. Willem F. Duisenberg, President of the ECB, stated in earlier correspondence with the President of the Council his intention not to complete the eight-year term of office to which he had been appointed on 3 May 1998 but to resign on 9 July 2003. Subsequently, he decided to resign at a convenient date to ensure a smooth transition of the ECB Presidency.

3. The Governing Council of the ECB is of the opinion that the proposed candidate is a person of recognised standing and professional experience in monetary or banking matters as required by Article 112(2)(b) of the Treaty establishing the European Community.

4. The Governing Council of the ECB has no objection to the Council's Recommendation on the appointment of the proposed candidate as President of the ECB.

5. The Governing Council of the ECB has adopted this opinion in accordance with Article 112(2)(b) of the Treaty and Article 11.2 and Article 43.3 of the Statute of the European System of Central Banks and of the European Central Bank.

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

Done at Frankfurt am Main, 31 July 2003.

On behalf of the Governing Council of the ECB

The President

Willem F. Duisenberg

(1) OJ L 181, 19.7.2003, p. 45.
5.

The text agreed at the 2004 IGC abrogated the Protocol on the Statute of the European Monetary Institute (‘the EMI Protocol’), and thus the EMI Protocol will be deleted. While the ECB welcomes such deletion, some of the functions carried out under its provisions are still relevant for the Member States with a derogation. Under Articles 44 and 47(1) of the Statute of the ESCB, such functions are currently performed by the General Council of the ECB. The ECB understands that the deletion of the EMI Protocol will be complemented by an amendment to Article 117(2) of the TEC (6) so that such functions will continue to be performed by the ECB.
EN 
 
 
OPINION OF THE EUROPEAN CENTRAL BANK 
of 14 February 2007 
at the request of the Irish Department of Finance 
on a draft law on asset covered securities 
(CON/2007/3) 
 
Introduction and legal basis  
On 25 January 2007 the European Central Bank (ECB) received a request from the Irish Department of 
Finance for an opinion on the draft Asset Covere d Securities (Amendment) Bill 2007 (hereinafter the 
‘draft law’). 
The ECB’s competence to deliver an  opinion is based on Article 105(4) of the Treaty establishing the 
European Community and the third and sixth indents of Article 2(1) of Council Decision 98/415/EC of 
29 June 1998 on the consultation of the European Central Bank by national authorities regarding draft 
legislative provisions1, as the draft law relates to a national centr al bank and rules applicable to financial 
institutions insofar as they materially influence th e stability of financial institutions and markets. In 
accordance with the first sentence of Article 17.5 of the Rules of Procedure of the European Central 
Bank, the Governing Council has adopted this opinion. 
 
1.  Purpose of the draft law 
The draft law mainly represents a technical update and modernisation of the Asset Covered Securities 
Act 2001 (the ‘2001 Act’), which established the legisl ative foundations for the launch in 2003 of an Irish 
asset-covered securities market. 
 
2. General observations 
2.1 The ECB has no specific comments regarding the draft law. 
2.2  The ECB recalls that, when consulted on the 20 01 Act, the ECB noted ‘that the legislation has been 
explicitly designed by the Irish Government to br ing Ireland in line with best practices in other 
European financial centres, taking into account that the introduction of the euro and the new 
monetary policy framework have led to the deve lopment of an integrated and competitive money 
market in the euro area… The E CB considers that the Irish Government’s initiative will make a 
                                                 
1  OJ L 189, 3.7.1998, p. 42.  
positive contr ibution to the  integration of capital mark ets in the euro area’2. In thi s respect, the ECB 
is pleased to note the positive evolution of this market since 2003, which h as seen the issuance in 
the international capital markets of bot h mortgage and public credit-covered securities involving 
domestic Irish m ortgage credit portfol ios, as we ll as euro-denominated public credit portfolios 
whose underly ing borrowers are located throug hout the euro area. 
 
3. Imple mentin g measure s 
This opini on will be publis hed on t he ECB’s website.  
 
 
Done at Frankfurt am  Main, 14  February 20 07. 
 
[signed ] 
 
The President of the ECB 
Jean-Claude TRICHET 
 
                                                 
2  ECB Opinion CON/2001/6 of 25 April 2001 at the requ est of the Irish Department of Fi nance on a draft legis lative 
proposal on a Mortgage and  Publ ic Credit Bond B ill, par agraph  4. 
2
EN Official Journal of the European Union C 114/1

OPINION OF THE EUROPEAN CENTRAL BANK

of 4 March 2011

on a proposal for a Council regulation on denominations and technical specifications of euro coins intended for circulation (codification)

(CON/2011/18)

2011/C 114/01

Introduction and legal basis

On 26 January 2011, the European Central Bank (ECB) received a request from the Council of the European Union for an opinion on a proposal for a Council regulation on denominations and technical specifications of euro coins intended for circulation (codification) (1) (hereinafter the ‘proposed regulation’).

The ECB’s competence to deliver an opinion is based on the first indent of Article 127(4) and Article 128(2) of the Treaty on the Functioning of the European Union, as the proposed regulation relates to the denominations and technical specifications of euro coins. In accordance with the first sentence of Article 17.5 of the Rules of Procedure of the European Central Bank, the Governing Council has adopted this opinion.

General observations

The proposed regulation is a codification of Council Regulation (EC) No 975/98 of 3 May 1998 on denominations and technical specifications of euro coins intended for circulation (2). No change in substance has been made to the existing rules on the denominations and technical specifications of euro coins.

While the ECB generally welcomes the codification exercise, it notes that the codification approach does not allow for any subtstantial change to be made to Regulation (EC) No 975/98. The ECB is however of the opinion that a modification should be made to the technical specifications set out in Annex I to the proposed regulation, as explained in the Annex.

Where the ECB recommends that the proposed regulation is amended, a specific drafting proposal is set out in the Annex accompanied by explanatory text to this effect.

Done at Frankfurt am Main, 4 March 2011. The President of the ECB Jean-Claude TRICHET

(1) COM(2010) 691 final.

(2) OJ L 139, 11.5.1998, p. 6.