ddrg/super_eurlex huggingface dataset:
7.

The ECB notes that several important issues are not covered by the draft decision and these should be addressed as follows: 7.1. In other monetary agreements, the Court of Justice of the European Union is the body in charge of settling disputes which may arise from such agreements. The draft decision should make it clear that the same arrangement applies in this case. The ECB considers that the Court of Justice’s jurisdiction over this type of agreement is not obvious and it refers specifically to several Court opinions where the Court has drawn a clear distinction between agreements entered into by Member States and agreements entered into by Member States responsible for their dependent territories, i.e. not acting in their capacity as Member States (3). 7.2. One of the most important elements of this monetary agreement should be the need to guarantee the continuous application to Saint-Barthélemy of relevant present and future EU legal acts with immediate direct effect, e.g. regulations. The ECB understands that France intends to address this issue by means of amendments to the relevant French organic law. The ECB notes that, unlike other monetary agreements, the draft decision does not provide for the creation of a joint committee responsible for assessing progress on legislative amendments. The ECB considers that the lack of any such body in which the EU, as one of the signatories to the agreement, participates and monitors the due application of the relevant EU acquis in the OCT, is unsatisfactory, particularly where a local banking system is using the euro. The ECB considers it vital for the specific application of a relevant EU law to be made in agreement with the Commission and the ECB (4), for example by including the relevant EU and ECB legal acts in an annex to the monetary agreement and publishing such annex and its amendments in the Official Journal of the European Union. Alternatively, the draft decision should require France to inform the ECB prior to the adoption of legal acts addressed to Saint-Barthélemy in case they fall within the ECB’s fields of competence. In addition, there should be a right for EU institutions to request information on such legal acts from France. 7.3. The ECB understands that, upon Saint-Barthélemy’s change of status on 1 January 2012, it will no longer be covered by otherwise directly applicable provisions of EU law enabling the relevant EU bodies, such as Europol, to act in the fight against the counterfeiting of euro banknotes. This issue also needs to be addressed in the monetary agreement, hence the draft decision should mandate the EU to include such a provision in the monetary agreement. Where the ECB recommends that the proposed decision is amended, specific drafting proposals are set out in the Annex accompanied by explanatory text to this effect.
EN Official Journal of the European Union C 176/11

OPINION OF THE EUROPEAN CENTRAL BANK

of 23 May 2013

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

(CON/2013/35)

2013/C 176/03

Introduction and legal basis

On 16 May 2013, 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 (1) (hereinafter the ‘proposed regulation’).

The ECB’s competence to deliver an opinion is based on Articles 127(4) and 128(2), Article 133 and Article 282(5) of the Treaty on the Functioning of the European Union, since 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.

Purpose and content

The proposed regulation largely reproduces the content of Council Regulation (EC) No 975/98 of 3 May 1998 on denominations and technical specifications of euro coins intended for circulation (2), and incorporates the recommendations set out in the ECB’s Opinion CON/2011/18 (3) to amend Article 1 of Council Regulation (EC) No 975/98 and Annex I thereto, and to delete recital 13.

In particular, the amendments replace all existing values relating to the thickness of coins in the table contained in Article 1 of Regulation (EC) No 975/98 with the values of the real thickness of euro coins. These values are well known and used as reference values by the mints to produce euro coins.

General observations

The ECB welcomes this Commission initiative to recast Council Regulation (EC) No 975/98 as the proposed regulation takes into account and incorporates the earlier ECB recommendations in relation to the technical specifications of euro coins.

Done at Frankfurt am Main, 23 May 2013. The President of the ECB Mario DRAGHI

(1) COM(2013) 184 final.

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

(3) Opinion CON/2011/18 of 4 March 2011 on a proposal for a Council regulation on denominations and technical specifications of euro coins intended for circulation (OJ C 114, 12.4.2011, p. 1). All ECB opinions are published on the ECB’s website at: http://www.ecb.europa.eu
EN Official Journal of the European Union C 244/3

OPINION OF THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK

of 8 January 2014

on a Council recommendation on the appointment of a member of the Executive Board of the European Central Bank

(CON/2014/1)

2014/C 244/03

Introduction and legal basis

On 8 January 2014, the European Central Bank (ECB) received a request from the President of the European Council for an opinion on a Council Recommendation of 7 January 2014 (1) on the appointment of a member of the Executive Board of the European Central Bank.

The competence of the ECB’s Governing Council to deliver an opinion is based on Article 283(2) of the Treaty on the Functioning of the European Union.

General observations

1. The Council’s recommendation, which was submitted to the European Council, and on which the European Parliament and the ECB’s Governing Council are being consulted, recommends appointing Ms Sabine LAUTENSCHLÄGER as a member of the ECB’s Executive Board for a term of office of eight years.

2. The ECB’s Governing Council 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 283(2) of the Treaty.

3. The ECB’s Governing Council has no objection to the Council’s recommendation to appoint Ms Sabine LAUTENSCHLÄGER as a member of the ECB’s Executive Board.

Done at Frankfurt am Main, 8 January 2014. The President of the ECB Mario DRAGHI

(1) Not yet published in the Official Journal.
EN ECB-PUBLIC  
 
OPINION OF THE EUROPEAN CENTRAL BANK  
of 23 February  2016  
on measures to facilitate the smooth functioning of the Central Bank of Cyprus’s Board of 
Directors and Personnel Committee   
(CON/20 16/9) 
 
Introduction and legal basis  
On 16 February 2016 the European Central Bank (ECB) received a request from the Cypriot Minister of 
Finance for an opinion on a draft law  amending the Central Bank of Cyprus Laws of 2002 to (No.3) of 
2014  (hereinafter the ‘draft law ’). 
The ECB’s competence to deliver an opinion is base d on Articles 127(4) and 282(5) of the Treaty on the 
Functioning of the European Union  and the third indent  of Article  2(1) of Council Decision 98/415/EC1, as 
the draft law relate s to a national central bank . In accordance with the first sentence of Articl e 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 purpose of the draft law is to enable the Personnel Committee of the Central Bank of Cyprus (CBC) 
to continue funct ioning when a vacant position  arises on the Committee and to provide the CBC’s Board 
of Directors  with the option of  conduct ing its  meetings through electronic media.  As noted in the 
explanatory memorandum accompanying the draft law, under the current Central Bank of Cyprus Law, 
the CBC cannot  recruit permanent staff  or promot e, dismiss or suspend  employees when  there is a 
vacan t position  on its Personnel Committee. The draft law provides that no act or action of the Personnel 
Committee will be deemed invalid due to a vacan t position on the Committee2. The draft law further 
provides  that the meetings of the Board of Directors may be conducted through electronic media . 
According to the draft law any member of the CBC’s Board  of Directors who attends  the meet ing using 
electronic media  will be considered to be present for the purposes of determining a quorum3. 
 
2. General observations  
2.1 The ECB notes that the draft law will facilitate the operation of the CBC’s Personnel Committee and 
the smooth functioning of its Board of Directors.  
                                                 
1  Council Decision 98/415/EC of 29 June 1998 on the consultation of the European C entral Bank by national 
authorities regarding draft legislative provisions ( OJ L 189, 3.7.1998, p. 42) . 
2  See Article 3 of the draft law.  
3  See Article 2( c) of the draft l aw. 
ECB -PUBLIC  
2 2.2 With regard to the possibility of conduct ing meetings of the Board of Directors using electronic 
media, the ECB recommends  that the use of such media is sufficiently protected in order to ensur e 
that the confidential nature of Board meetings  is upheld.  
 
This opinion will be published on the ECB’s website.  
 
 
Done at Frankfurt am Main,  23 February  2016.  
 
[signed]  
 
The President of the ECB  
Mario DRAGHI
RECOMMENDATION OF THE EUROPEAN CENTRAL BANK of 12 November 1998 on the external auditors of the national central banks (ECB/1998/5) (98/C 411/08)

THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

Having regard to the Statute of the European System of Central Banks and of the European Central Bank and in particular to Article 27.1 thereof;

(1) Whereas the accounts of the European Central Bank (ECB) and of the national central banks (NCBs) shall be audited by independent external auditors recommended by the Governing Council of the ECB and approved by the Council of the European Union;

(2) Whereas the external auditors recommended herein reflect the current appointments made by each participating NCB and do not pre-empt the right of the ECB to adopt an amended ECB recommendation whenever this is required by a change of circumstances,

HAS ADOPTED THIS RECOMMENDATION:

KPMG Reviseurs d'Entreprises s.c., Antwerp, and Deloitte Touche Tohmatsu s.c., Brussels, are recommended as the external auditors of the Banque Nationale de Belgique/Nationale Bank van België;

KPMG Deutsche Treuhandgesellschaft AG and PwC Deutsche Revision AG are recommended as the external auditors of the Deutsche Bundesbank;

Coopers & Lybrand, belonging to the international firm PricewaterhouseCoopers, is recommended as the external auditor of the Banco de España;

Mazars & Guérard, Paris, and Deloitte Touche Tohmatsu - Audit, Neuilly, are recommended as the external auditors of the Banque de France;

PricewaterhouseCoopers, Dublin, is recommended as the external auditor of the Central Bank of Ireland;

Reconta Ernst & Young s.p.a., Rome, is recommended as the external auditor of the Banca d'Italia;

PricewaterhouseCoopers Sarl (Société à responsabilité limitée), Réviseur d'Entreprises, Luxembourg, is recommended as the external auditor of the Banque centrale du Luxembourg;

Prof. Drs. J. A. van Manen RA (Registered Accountant) is recommended as the external auditor of De Nederlandsche Bank, acting on a personal assignment, partner of PricewaterhouseCoopers;

Prof. DDr. Kurt Neuner, Dr. Pipin Henzl, Dr. Peter Wolf, Mag. Christian Hofer, Dkfm. Dr. Peter Christian Gormasz and Dkfm. Leopold Wundsam, all of whom are registered certified public accountants, are recommended as the external auditors of the Österreichische Nationalbank;

PricewaterhouseCoopers - Auditores e Consultores Lda., is recommended as the external auditor of the Banco de Portugal; and

Arthur Andersen Oy is recommended as the external auditor of Suomen Pankki.

This recommendation shall be published in the Official Journal of the European Communities.

This recommendation is addressed to the Council of the European Union.

Done at Frankfurt am Main on 12 November 1998.

The President of the ECB

Willem F. DUISENBERG
EN Official Journal of the European Union C 277/30

RECOMMENDATION OF THE EUROPEAN CENTRAL BANK

of 26 October 2005

to the Council of the European Union on the external auditors of the Central Bank and Financial Services Authority of Ireland

(ECB/2005/10)

(2005/C 277/10)

THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 27.1 thereof,

Whereas:

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

(2) The mandate of the current external auditors of the Central Bank and Financial Services Authority of Ireland has expired and will not be renewed. It is therefore necessary to appoint external auditors from the financial year 2005.

(3) The Central Bank and Financial Services Authority of Ireland has selected Deloitte & Touche as its external auditors starting from the financial year 2005, and the ECB considers that they fulfil the necessary requirements for appointment.

(4) The mandate of the external auditors will be for three years and may be extended,

HAS ADOPTED THIS RECOMMENDATION:

It is recommended that Deloitte & Touche should be appointed as the external auditors of the Central Bank and Financial Services Authority of Ireland from the financial year 2005 for a duration of three years, with the possibility of extension.
EN Official Journal of the European Union C 34/30

RECOMMENDATION OF THE EUROPEAN CENTRAL BANK

of 1 February 2006

to the Council of the European Union on the external auditors of the Oesterreichische Nationalbank

(ECB/2006/1)

(2006/C 34/08)

THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 27.1 thereof,

Whereas:

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

(2) Pursuant to Article 37(1) of the Federal Act on the Oesterreichische Nationalbank, the General Meeting of the Oesterreichische Nationalbank (OeNB) shall elect two auditors and two alternate auditors each year. The alternate auditors will be mandated only in the event that the auditors are not able to perform the audit.

(3) The mandate of the current external auditors of the OeNB cannot be renewed for a further term of office after the audit for the financial year 2005. It is therefore necessary to appoint external auditors from the financial year 2006.

(4) The OeNB has selected KPMG Alpen-Treuhand GmbH, TPA Horwath Wirtschaftsprüfung GmbH, Moore Stephens Austria Wirtschaftsprüfungsgesellschaft mbH and BDO Auxilia Treuhand GmbH as its new external auditors in accordance with Community as well as Austrian public procurement legislation, and the ECB considers that they fulfil the necessary requirements for appointment.

(5) The mandate of the external auditors may be renewed on a yearly basis, not exceeding a total term of five years,

HAS ADOPTED THIS RECOMMENDATION:

1. It is recommended that KPMG Alpen-Treuhand GmbH and TPA Horwath Wirtschaftsprüfung GmbH should be appointed jointly as the external auditors of the OeNB for the financial year 2006.

2. It is recommended that Moore Stephens Austria Wirtschaftsprüfungsgesellschaft mbH and BDO Auxilia Treuhand GmbH should be appointed jointly as the alternate auditors of the OeNB for the financial year 2006.

3. This mandate may be renewed on a yearly basis, not exceeding a total term of five years, ending with the financial year 2010 at the latest.
EN Official Journal of the European Union C 149/1

RECOMMENDATION OF THE EUROPEAN CENTRAL BANK

of 25 June 2009

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

(ECB/2009/14)

2009/C 149/01

THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

Having regard to the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the ‘Statute of the ESCB’), and in particular Article 27.1 thereof,

Whereas:

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

(2) Pursuant to Article 1 of Council Decision 2008/608/EC of 8 July 2008 in accordance with Article 122(2) of the Treaty on the adoption by Slovakia of the single currency on 1 January 2009 (1), Slovakia adopted the single currency on 1 January 2009.

(3) Pursuant to Article 38 of the Law on Národná banka Slovenska, as from 1 January 2009 the accounts of Národná banka Slovenska are audited in accordance with Article 27.1 of the Statute of the ESCB.

(4) Národná banka Slovenska has selected Deloitte Audit s.r.o. as its external auditors for the financial year 2009,

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 year 2009.

Done at Frankfurt am Main, 25 June 2009. The President of the ECB Jean-Claude TRICHET

(1) OJ L 195, 24.7.2008, p. 24.
EN Official Journal of the European Union C 174/6

RECOMMENDATION OF THE EUROPEAN CENTRAL BANK

of 9 June 2011

to the Council of the European Union on the external auditors of the Oesterreichische Nationalbank

(ECB/2011/7)

2011/C 174/04

THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 27.1 thereof,

Whereas:

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

(2) Pursuant to Article 37(1) of the Federal Law on the Oesterreichische Nationalbank, the General Meeting of the Oesterreichische Nationalbank elects two external auditors and two alternate external auditors each year. The alternate external auditors will be mandated only in the event that the external auditors are not able to perform the audit.

(3) The mandate of both the external auditors and the alternate external auditors of the Oesterreichische Nationalbank ended following the audit for the financial year 2010. It is therefore necessary to appoint external auditors from the financial year 2011.

(4) The Oesterreichische Nationalbank has selected for the financial year 2011 TPA Horwath Wirtschaftsprüfung GmbH and Ernst & Young Wirtschaftsprüfungsgesellschaft m.b.H. as its new joint external auditors, as well as KPMG Austria GmbH Wirtschaftsprüfungs- und Steuerberatungsgesellschaft and Deloitte Audit Wirtschaftsprüfungs GmbH as its new joint alternate external auditors.

(5) The mandate of the external auditors may be renewed on an annual basis, not exceeding a total term of five years and the mandate of the alternate external auditors may be renewed only once,

HAS ADOPTED THIS RECOMMENDATION:

1. It is recommended that TPA Horwath Wirtschaftsprüfung GmbH and Ernst & Young Wirtschaftsprüfungsgesellschaft m.b.H. should be appointed jointly as the external auditors of the Oesterreichische Nationalbank for the financial year 2011.

2. It is recommended that KPMG Austria GmbH Wirtschaftsprüfungs- und Steuerberatungsgesellschaft and Deloitte Audit Wirtschaftsprüfungs GmbH should be appointed jointly as the alternate external auditors of the Oesterreichische Nationalbank for the financial year 2011.

3. The mandate of the external auditors may be renewed on an annual basis, not exceeding a total term of five years, ending with the financial year 2015 at the latest. The mandate of the alternate external auditors may be renewed only once ending with the financial year 2012.
EN Official Journal of the European Union C 264/1

RECOMMENDATION OF THE EUROPEAN CENTRAL BANK

of 2 September 2013

to the Council of the European Union on the external auditors of the Banco de España

(ECB/2013/32)

2013/C 264/01

THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 27.1 thereof,

Whereas:

(1) The accounts of the European Central Bank (ECB) and 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) The mandate of the Banco de España’s current external auditors ended following the audit for the financial year 2012. It is therefore necessary to appoint external auditors from the financial year 2013.

(3) The Banco de España has selected KPMG Auditores, S.L. as its external auditors for the financial years 2013 to 2017,

HAS ADOPTED THIS RECOMMENDATION:

It is recommended that KPMG Auditores, S.L. should be appointed as the external auditors of the Banco de España for the financial years 2013 to 2017.
EN Official Journal of the European Union C 103/1

RECOMMENDATION OF THE EUROPEAN CENTRAL BANK

of 24 February 2014

on the organisation of preparatory measures for the collection of granular credit data by the European System of Central Banks

(ECB/2014/7)

(2014/C 103/01)

THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular to Article 5.1 and the third indent of Article 34.1 thereof,

Having regard to Council Regulation (EC) No 2533/98 of 23 November 1998 concerning the collection of statistical information by the European Central Bank (1), and in particular Article 8(5) thereof,

Whereas:

(1) Pursuant to Decision ECB/2014/6 (2), the European Central Bank (ECB) may apply specified preparatory measures with a view to establishing a long-term framework for the transmission of granular credit data within the European System of Central Banks (ESCB) for specified statistical purposes.

(2) The effective application of this long-term framework will be dependent on cooperation between all participating members of the ESCB and on the application of equal standards in respect of quality by those members. National central banks (NCBs) of Member States whose currency is not the euro, and who are preparing for participation in this framework should cooperate with each other, with NCBs of Member States whose currency is the euro and with the ECB in applying the preparatory measures in accordance with Decision ECB/2014/6,

HAS ADOPTED THIS RECOMMENDATION:

I.

Definitions

For the purposes of this Recommendation, the term ‘granular credit data’ has the same meaning as in Decision ECB/2014/6.

II.

Provision of statistical information

The addressees of this Recommendation are requested to apply the provisions addressed to the NCBs contained in Decision ECB/2014/6.

III.

Final provision

This Recommendation is addressed to the NCBs of Member States whose currency is not the euro who are preparing for participation in the long-term framework for the transmission of granular credit data within the ESCB.

Done at Frankfurt am Main, 24 February 2014. The President of the ECB Mario DRAGHI

(1) OJ L 318, 27.11.1998, p. 8.

(2) Decision ECB/2014/6 of 24 February 2014 on the organisation of preparatory measures for the collection of granular credit data by the European System of Central Banks (not yet published in the Official Journal).