ddrg/super_eurlex huggingface dataset:
RECOMMENDATION OF THE EUROPEAN CENTRAL BANK

of 23 July 2021

repealing Recommendation ECB/2020/62

(ECB/2021/31)

(2021/C 303/01)

THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

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

Having regard to Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (1), and in particular Article 4(3) thereof,

Whereas:

(1) On 27 March 2020, the European Central Bank (ECB) adopted Recommendation ECB/2020/19 of the European Central Bank (2) which recommended that at least until 1 October 2020 no dividends are paid out and no irrevocable commitment to pay out dividends is undertaken by credit institutions and that credit institutions refrain from share buy-backs aimed at remunerating shareholders. On 27 July 2020, the ECB prolonged this recommendation until 1 January 2021 by adopting Recommendation ECB/2020/35 of the European Central Bank (3).

(2) Even with the improvement in macroeconomic conditions and the reduction of economic uncertainty due to the COVID-19 pandemic, the level of uncertainty remained elevated at the end of 2020 with a continued impact on banks’ ability to forecast their medium-term capital needs. In view of this persisting uncertainty the ECB adopted Recommendation ECB/2020/62 of the European Central Bank (4) repealing Recommendation ECB/2020/35 but recommending extreme prudence when credit institutions decide on or pay out dividends or perform share buy-backs aimed at remunerating shareholders.

(3) The latest macroeconomic projections indicate the start of the economic recovery and a further reduction in the level of economic uncertainty. Accordingly, the ECB considers that the reasons underpinning Recommendation ECB/2020/62 are no longer present. The reduced economic uncertainty allows the thorough supervisory assessment of the prudence of banks’ plans to distribute dividends and conduct share buybacks on an individual basis with a careful forward-looking assessment of capital plans in the context of the normal supervisory cycle,

HAS ADOPTED THIS RECOMMENDATION:

This Recommendation repeals Recommendation ECB/2020/62 from 30 September 2021.

Done at Frankfurt am Main, 23 July 2021. The President of the ECB Christine LAGARDE

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

(2) Recommendation ECB/2020/19 of the European Central Bank of 27 March 2020 on dividend distributions during the COVID-19 pandemic and repealing Recommendation ECB/2020/1 (OJ C 102I, 30.3.2020, p. 1).

(3) Recommendation ECB/2020/35 of the European Central Bank of 27 July 2020 on dividend distributions during the COVID-19 pandemic and repealing Recommendation ECB/2020/19 (OJ C 251, 31.7.2020, p. 1).

(4) Recommendation ECB/2020/62 of the European Central Bank of 15 December 2020 on dividend distributions during the COVID-19 pandemic and repealing Recommendation ECB/2020/35 (OJ C 437, 18.12.2020, p. 1).
RECOMMENDATION OF THE EUROPEAN CENTRAL BANK

of 5 April 2022

to the Council of the European Union on the external auditors of Národná banka Slovenska

(ECB/2022/16)

(2022/C 160/02)

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 27.1 thereof,

Whereas:

(1) The accounts of the European Central Bank (ECB) and the national central banks of the Member States whose currency is the euro are audited by independent external auditors recommended by the ECB’s Governing Council and approved by the Council of the European Union.

(2) In 2017, Národná banka Slovenska selected Deloitte Audit s.r.o. as its external auditors for the financial years 2017 to 2020, with an option to extend the mandate to the financial years 2021 to 2023 (1).

(3) The mandate of Deloitte Audit s.r.o. ended after the audit for the financial year 2020 in accordance with Council Decision (EU) 2017/1849 (2), and Národná banka Slovenska extended the mandate of Deloitte Audit s.r.o. to the financial year 2021.

(4) The extension of the mandate of Deloitte Audit s.r.o. ended after the audit for the financial year 2021 in accordance with Council Decision (EU) 2021/1169 (3).

(5) Národná banka Slovenska intends to extend the mandate of Deloitte Audit s.r.o. to the financial years 2022 and 2023. This extension is possible in accordance with the contractual arrangements between Národná banka Slovenska and Deloitte Audit s.r.o.,

HAS ADOPTED THIS RECOMMENDATION:

It is recommended that Deloitte Audit s.r.o. should be appointed as the external auditors of Národná banka Slovenska for the financial years 2022 and 2023.

Done at Frankfurt am Main, 5 April 2022. The President of the ECB Christine LAGARDE

(1) Recommendation ECB/2017/27 of the European Central Bank of 8 September 2017 to the Council of the European Union on the external auditors of Národná banka Slovenska (OJ C 310, 19.9.2017, p. 1).

(2) Council Decision (EU) 2017/1849 of 10 October 2017 amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of Národná banka Slovenska (OJ L 264, 13.10.2017, p. 5).

(3) Council Decision (EU) 2021/1169 of 13 July 2021 amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of Národná banka Slovenska (OJ L 255, 16.7.2021, p. 1).
Competent national authorities

referred to in Article 2(b) of Council Regulation (EC) No 1338/2001

(2002/C 173/02)

Council Regulation (EC) No 1338/2001, laying down measures necessary for the protection of the euro against counterfeiting, provides for the publication in the Official Journal of the European Communities of the lists of the competent national authorities.

Council Regulation (EC) No 1339/2001 extended the effects of Regulation (EC) No 1338/2001 to the Member States which have not adopted the euro as their single currency.

In line with these Regulations, Member States have designated the authorities competent, at national level, for the fight against counterfeiting.

The Commission, in collaboration with the ECB, compiled the lists of the competent national authorities. These authorities are listed here below, corresponding to the four indents of Article 2(b) of Regulation (EC) No 1338/2001.

Authorities designated by the Member States for identifying counterfeit banknotes and coins

(as defined in the first indent of Article 2(b) of Regulation (EC) No 1338/2001)

>TABLE>

Authorities designated by the Member States for gathering and analyzing technical and statistical data relating to counterfeit banknotes

(National Analysis Centres)

(as defined in the second indent of Article 2(b) of Regulation (EC) No 1338/2001)

>TABLE>

Authorities designated by the Member States for gathering and analysing technical and statistical data relating to counterfeit coins

(Coin National Analysis Centres)

(as defined in the third indent of Article 2(b) of Regulation (EC) No 1338/2001)

>TABLE>

Authorities designated by the Member States for gathering data relating to counterfeiting of the euro and submitting them to analysis

(as defined in the fourth indent of Article 2(b) of Regulation (EC) No 1338/2001)

>TABLE>
EN Official Journal of the European Union C 31/3

AMENDMENTS TO THE ETHICS FRAMEWORK OF THE ECB

(This text replaces Article 36a of the text published in the Official Journal C 204 of 20 June 2015, p. 3)

(2016/C 31/04)

In Part I. The Conditions of Employment for staff of the European Central Bank (ECB) as regards the ethics framework, Article 36a is replaced by the following:
Opinion of the Economic and Social Committee on the "Proposal for a Council Regulation amending Regulation (EC) No 1493/1999 on the common organisation of the market in wine"

(2001/C 311/14)

On 2 July 2001 the Council decided to consult the Economic and Social Committee, under Article 37 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Economic and Social Committee decided to appoint Mr Kienle as rapporteur-general for this opinion.

At its 384th plenary session of 12 and 13 September 2001 (meeting of 12 September), the Economic and Social Committee unanimously adopted the following opinion.

1. Introduction

1.1. The Commission proposal stresses the need to encourage "generational replacement" in the agricultural sector - and in the wine sector in particular.

1.2. The Commission points out that, in a number of Member States, young farmers are already encouraged to set up as winegrowers by awarding them new planting rights and giving them the option to take part in vineyard restructuring and conversion plans.

1.3. In order to ensure a smooth transition from earlier arrangements to the new wine CMO, the Commission is now proposing a temporary derogation, under which new planting rights may be awarded to young winegrowers and incorporated into the restructuring aid for material improvement plans. This derogation is to apply until such time as the support measures can be implemented through the system of reserves provided for under the new market organisation. No additional costs are involved for the Community budget.

2. Comments

2.1. The Economic and Social Committee emphatically endorses the aims of the proposal for a Regulation and the two amendments to Article 11(3) and the second subparagraph of Article 15, point (b), of Regulation (EC) No 1493/1999.

2.2. In this connection, the Economic and Social Committee would refer to its opinion on prospects for young farmers, which is currently in the pipeline. At an ESC public hearing attended by the rapporteurs from the European Parliament, the Committee of the Regions and the Economic and Social Committee, and a delegation from the European Council of Young Farmers (ECYF), a particularly strong call was made for cutting young farmers' start-up costs, especially in the acquisition of production rights.

Brussels, 12 September 2001.

The President

of the Economic and Social Committee

Göke Frerichs
Opinion of the Economic and Social Committee on the "Proposal for a Council Regulation amending Regulation (EC) No 1258/1999 on the financing of the common agricultural policy"

(COM(2002) 293 final - 2002/0125 (CNS))

(2003/C 61/11)

On 19 July 2002 the Council decided to consult the Economic and Social Committee, under Article 152 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Agriculture, Rural Development and the Environment, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 29 August 2002. The rapporteur was Mr Strasser.

At its 393rd Plenary Session (meeting of 18 September 2002), the Committee adopted the following opinion with 128 votes in favour and three abstentions.

1. Introduction

1.1. The proposal extends the period in which financing from the EAGGF Guarantee Section can be refused. Under Article 7(4) of Council Regulation (EC) No 1258/1999 on the financing of the common agricultural policy, a decision to refuse financing may not involve expenditure dating back more than 24 months before the Commission's written communication of the results of its checks to the Member State in question.

1.2. The Commission is proposing that this period be extended to 36 months. The explanatory memorandum accompanying the proposal states, inter alia, that:

- the restriction should be applied in a manner which takes better account of the European Union's financial interests;

- "non-conform expenditure" is to be reduced by extending the reference period.

1.3. A working group set up by the Commission in 1993 to study the reform of the clearance of the EAGGF Guarantee Section accounts called for corrections to expenditure to be possible over a period of 36 months. The Council did not follow this recommendation, and came out in favour of 24 months.

2. Comments

2.1. It is the Committee's firm belief that the Commission must be able to recover money that has been spent improperly in order to avoid financial losses to the Community budget. It should be borne in mind that there are various reasons for the improper use of payments. One reason could be deficiencies which crop up when a new scheme is introduced or a substantial change is made to a scheme, as the Commission notes itself. Frequent changes to regulations or directives, as has been the case in recent years, exacerbate this problem.

2.2. The Committee would therefore urge that the Commission be equipped with the requisite resources to strengthen its preventive checks in order to, on the one hand, eliminate deficiencies in good time and, on the other hand, improve administration in the Member States if that should prove necessary.

2.3. The Committee nevertheless doubts whether extending the reference period for corrections will appreciably reduce the number of improper payments, as more breaches of the rules are not likely to be unearthed. It may, however, considerably increase the danger of Member States facing accusations and make it more difficult to collect evidence.

Brussels, 18 September 2002.

The President

of the Economic and Social Committee

Göke Frerichs
Opinion of the Economic and Social Committee on the "Proposal for a Directive of the European Parliament and of the Council concerning certain aspects of the organisation of working time (codified version)"

(COM(2002) 336 final - 2002/0131 (COD))

(2003/C 61/20)

On 19 July 2002, the Council decided to consult the Economic and Social Committee, under Article 137 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Economic and Social Committee decided to appoint Ms Giacomina Cassina as rapporteur-general for its opinion.

At its 393rd Plenary Session (meeting of 18 September 2002), the Economic and Social Committee adopted the following opinion by 68 votes to none with one abstention.

1. The Proposal for a Directive of the European Parliament and of the Council concerning certain aspects of the organisation of working time(1) is the codified version of directives 93/104/EC(2) and 2000/34/EC(3).

2. The codification process is a response to the need to make the Community's legislation a source of legal certainty, as indicated by the Edinburgh European Council in December 1992.

3. The simplification and codification of texts is not a new concern. Back in April 1987, the Commission decided to instruct its staff to codify legislation after no more than ten amendments. Last year, the Commission(4) published a programme aimed at speeding up the codification of the corpus of Community legislation.

4. If possible, laws ought to be codified as soon as the first amendments are made. In the case of the directive concerned by this opinion, the codification follows the Court of Justice ruling(5) on the action brought by the United Kingdom in 1994, confirming the legal basis and amending Article 5.

5. A codification must not make any changes to the content. Having examined the proposal, which combines the texts of the two directives named in point 1 in a logical manner and makes them clearer, the Committee believes that the text in question fully upholds this basic principle and has no issue to raise.

5.1. The Committee therefore endorses the proposal and hopes to see its swift approval by the Parliament and the Council.

Brussels, 18 September 2002.

The President

of the Economic and Social Committee

Göke Frerichs

(1) COM(2002) 336 final.

(2) Council directive of 23 November 1993 concerning certain aspects of the organisation of working time.

(3) Directive of the European Parliament and of the Council of 22 June 2000, amending Council Directive 93/104/EC concerning certain aspects of the organisation of working time to cover sectors and activities excluded from that Directive.

(4) COM(2001) 645 final of 21.11.2001 "Communication from the Commission to the European Parliament and the Council - Codification of the acquis communautaire"

(5) Judgment of 18 November 1996 (Case C-84/94).
30.3.2004 EN C 80/65 Official Journal of the European Union
Opinion of the European Economic and Social Committee on the ‘Proposal for a Council
Regulation amending Regulation (EEC) No 2075/92 on the common organisation of the market
in raw tobacco’
(COM(2003) 633 final — 2003/251 (CNS))
(2004/C 80/19)
On 31 October 2003, the Council decided to consult the European Economic and Social Committee,
under Article 37 of the Treaty establishing the European Community, on the above-mentioned proposal.
On 28 October 2003, the Bureau of the European Economic and Social Committee instructed the Section
for Agriculture, Rural Development and the Environment to prepare the Committee’s work on the
subject.
In view of the urgency of the work, at its 404th plenary session of 10 and 11 December 2003 (meeting
of 10 December) the European Economic and Social Committee appointed Mr Moraleda Quilez as
rapporteur-general and adopted the following opinion by 69 in favour, two votes against with four
abstentions.
1. Introduction
1.1. In this proposal for a regulation the Council sets the
deduction from the 2004 harvest premium to finance the
Community Tobacco Fund. Work is currently in progress on
reform of the common organisation of the market in rawtobacco, which has a direct effect on the Community Tobacco
Fund. As the new rules are not due to take effect until 2005, a
deduction percentage therefore needs to be set for 2004, andin the transitional context the Commission opts to maintain it
at the same level as in 2003.
Brussels, 10 December 2003.
The President
of the European Economic and Social Committee
Roger BRIESCH2. General comments
2.1. As the Community Tobacco Fund is financed from the
retention at source of a percentage of subsidies granted toproducers, any increase in the fund means a reduction of
subsidies. In the light of the current transitional situation of the
tobacco sector, the Commission proposal seems reasonable,particularly as the 3 % retention will satisfactorily cover the
forecast utilisation of the fund.
3. Conclusion
3.1. In the light of the situation of the sector, the Committee
endorses the Commission proposal to maintain the retention
at the same level for the coming year.
EN Official Journal of the European Union C 302/38

Opinion of the European Economic and Social Committee on the ‘Proposal for a Directive of the European Parliament and of the Council on the licensing of railway undertakings (codified version)’

(COM(2004) 232 final — 2004/0074 (COD))

(2004/C 302/09)

On 27 April 2004 the Council decided to consult the European Economic and Social Committee, under Article 71 of the Treaty establishing the European Community, on the abovementioned proposal.

The Section for Transport, Energy, Infrastructure and the Information Society, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 10 June 2004. The rapporteur was Mr Chagas.

At its 410th plenary session (meeting of 30 June 2004) the European Economic and Social Committee adopted the following opinion with 160 votes in favour and ten abstentions:

1. The purpose of the proposal is to codify Council Directive 95/18/EC of 19 June 1995 on the licensing of railway undertakings (1).

2. Simplifying and clarifying Community law is a matter of great importance in the context of a people's Europe. The European Parliament, Council and Commission have therefore underlined the need to codify legislative acts that have been frequently amended, and agreed by interinstitutional agreement of 20 December 1994 that an accelerated procedure may be used. No substantive changes may be made to acts when they are codified.

3. The Commission proposal complies with this requirement, and the EESC therefore has no objections to raise.

Brussels, 30 June 2004. The President of the European Economic and Social Committee Roger BRIESCH

(1) OJ L 143 of 27.6.1995, p. 70 — EESC opinion: OJ C 393 of 31.12.1994, p. 56.
EN Official Journal of the European Union C 234/25

Opinion of the European Economic and Social Committee on the Proposal for a Council Regulation amending Regulation (EC) No 1868/94 establishing a quota system in relation to the production of potato starch

(COM(2004) 772 final — 2004/0269 (CNS))

(2005/C 234/06)

On 20 January 2005 the Council decided to consult the European Economic and Social Committee, under Article 37 of the Treaty establishing the European Community, on the abovementioned proposal.

The Section for Agriculture, Rural Development and the Environment, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 17 February 2005. The rapporteur was Mr Konstantinidis.

At its 415th plenary session, held on 9 and 10 March 2005 (meeting of 9 March 2005), the European Economic and Social Committee adopted the following opinion by 127 votes with 7 abstentions.

1. Gist of the Commission proposal

1.1 The aim of this proposal is to allocate the quota for the 2005/2006 and 2006/2007 marketing years between potato-starch producing Member States on the basis of the report from the Commission to the Council on the quota system for the production of potato starch, thus amending Regulation (EC) No. 1868/94.

1.2 It is proposed that the present quotas be maintained for the next two years.

1.3 The reason why the Commission is proposing unchanged potato starch quotas for the next two years is that it is too early to assess the effects of the reform of the CAP (i.e. of decoupling) and of enlargement of the EU on the potato starch sector. In fact, in a number of potato starch producing Member States, the CAP reform will only be implemented by 2006 (i.e. marketing year 2006-2007).

1.4 The Commission will therefore present a new report accompanied by a new proposal by 30 September 2006.

2. General comments

2.1 According to the Commission's report, EU production of potato starch remained close to the quota fixed, and total exports of cereal starch and potato starch remained relatively stable. The share of potato starch in starch production as a whole is declining, at around 20 %. As stated before, the Commission proposes a rollover of the quotas fixed for 2004/2005. Polish, Lithuanian and Czech farmers apart, most European potato starch producers support the Commission's proposal, although they would have preferred the normal prolongation period for the quota system (three years).

2.2 Whilst backing the Commission's proposal, the EESC shares the potato starch producers' concern that the timetable for the discussion and adoption of the Commission's proposal has become quite tight, especially considering that farmers will start planting seed potatoes in March 2005. The Committee therefore invites the European Parliament and the Council to take into consideration these time constraints when dealing with this proposal.

3. Conclusions

3.1 The EESC supports the Commission's proposal of extending the current quotas to the marketing years 2005/2006 and 2006/2007 and it recommends that the deadline for the assessment in view of the future proposal be strictly respected.