2.1.   In accordance with Article 14(9) of the EFSI Regulation, the EIB shall submit an annual report to the European Parliament, to the Council, and to the Commission, with regard to the services provided by the EIAH and the execution of its budget, including information on the fees received and the use thereof (the ‘EIAH Report’).

The EIB shall prepare the EIAH Report by reference to the period ending on 31 December of each year, and shall submit it no later than by 1 September of the following year.

2.2.   In accordance with Article 16(2) of the EFSI Regulation, the EIB, in cooperation with the EIF where appropriate, shall submit an annual report to the European Parliament and to the Council on EIB financing and investment operations covered by the EFSI Regulation (the ‘EFSI Report’). The EFSI Report shall include:

The EIB shall prepare the EFSI Report by reference to the period ending on 31 December of each year, and shall submit it no later than by 31 May of the following year. Without prejudice to the provisions of the first subparagraph, raw data shall be provided by the EIB to the European Parliament in the same format and within the same timeframe (being no later than by 31 March of the year when the relevant EFSI Report is due) as it is provided to the Commission.

2.3.   The language of the EIAH Report and of the EFSI Report shall be English.

3.1.   In accordance with Article 18(1) of the EFSI Regulation, by 5 January 2017 the EIB shall evaluate the functioning of the EFSI and shall submit its evaluation to the European Parliament.

3.2.   In accordance with Article 18(3) of the EFSI Regulation, the EIB shall publish a comprehensive report on the functioning of the EFSI, which shall include an evaluation of the impact of the EFSI on investment in the Union, employment creation and access to financing for SMEs and mid-cap companies, by 30 June 2018 and every three years thereafter.

3.3.   In accordance with Article 18(5) of the EFSI Regulation, the EIB shall provide, and shall ensure that the EIF provides, in due time, the European Parliament with their respective independent evaluation reports, which assess the impact and practical results achieved by the specific activities of the EIB and the EIF respectively under the EFSI Regulation.

The assessment of the need for performing such independent evaluations, in addition to those specified in Articles 3.1 and 3.2, and the decision on the timing of such independent evaluations, rests entirely with the EIB or the EIF, as appropriate.

3.4.   The evaluation reports specified in this Article shall be provided to the European Parliament without delay after their approval by the EIB or the EIF, as appropriate.

3.5.   The language of the evaluation reports referred to in this Article shall be English.

5.1.   In accordance with the third subparagraph of Article 7(12) of the EFSI Regulation, the EIB shall submit to the European Parliament a list of all decisions of the Investment Committee of the EFSI rejecting the use of the EU guarantee.

5.2.   The EIB shall submit the list referred to in Article 5.1 to the European Parliament twice a year, by 31 March and by 30 September.

5.3.   The information provided by the EIB to the European Parliament in accordance with Article 5.1 shall be subject to strict confidentiality requirements and shall be handled by the European Parliament in accordance with Article 10.

5.4.   Without prejudice to Article 5.3, the EIB shall forward to the European Parliament all the decisions of the Investment Committee of the EFSI on the use of the guarantee as soon as those become available. Where applicable, the EIB shall include in the list of the decisions approving the use of the EU guarantee information on the operations, in particular their description, the identity of the promoter or financial intermediary, and the objectives of the project supported by the EIB under EFSI. In the case of commercially sensitive decisions, the EIB shall forward such decisions and information concerning promoters or financial intermediaries at the date of closing of the relevant financing or any earlier date when commercial sensitivity ends.

5.5.   In accordance with the second subparagraph of Article 7(12) of the EFSI Regulation, the decisions of the Investment Committee of the EFSI approving the use of the EU guarantee shall be public and accessible.

6.1.   In accordance with point 8 of Annex II to the EFSI Regulation, if the Steering Board of the EFSI decides to modify the indicative sector or geographical concentration limits set for the EFSI portfolio, it shall explain its decision in that respect to the European Parliament.

6.2.   In accordance with the second subparagraph of Article 7(3) of the EFSI Regulation, the minutes of the Steering Board shall be published as soon as the Steering Board has approved them. Those minutes, together with the Steering Board's written explanation concerning any modification referred to in Article 6.1, shall be forwarded to the European Parliament as soon as they become available and in any event at the latest simultaneously with the publication of the minutes.

7.1.   In accordance with Article 17(4) of the EFSI Regulation, at the request of the competent committees of the European Parliament, the President of the EIB shall participate in at least one hearing before the European Parliament on issues concerning EIB financing and investment operations covered by the EFSI Regulation. The competent committees of the European Parliament and the EIB shall agree on a date that falls in the course of the following year for the holding of such hearing.

7.2.   Pursuant to questions addressed by the European Parliament to the EIB on issues concerning EIB financing and investment operations covered by the EFSI Regulation, the competent committees of the European Parliament may invite the President of the EIB to additional ad hoc meetings on such issues.

The competent committees of the European Parliament and the EIB shall seek agreement on the date for such ad hoc meetings, which date shall be as soon as practicable and at the latest within five weeks from the date of the request of the competent committees of the European Parliament.

In accordance with the relevant provisions of the Rules of Procedure of the European Parliament, such hearings and ad hoc meetings may be confidential.

7.3.   At the request of the President of the EIB or of the Chair of the competent committee of the European Parliament and with mutual agreement, senior staff of the EIB and of the EIF may attend the hearings and ad hoc meetings, including any confidential meetings, referred to in Articles 7.1 and 7.2.

7.4.   At the request of the Chair of the competent committee of the European Parliament, pursuant to questions addressed by the European Parliament on issues concerning EIB financing and investment operations covered by the EFSI Regulation, the competent committees of the European Parliament may invite senior staff of the EIB to ad hoc exchanges of views on such issues, to be held on a mutually agreed date.

In accordance with the relevant provisions of the Rules of Procedure of the European Parliament, such ad hoc exchanges of views may be confidential.

7.5.   In accordance with Article 17(1) of the EFSI Regulation, at the request of the competent committees of the European Parliament, the Managing Director of the EFSI shall report on the performance of the EFSI, including by participating in hearings before the European Parliament.

The competent committees of the European Parliament and the Managing Director of the EFSI shall seek agreement on the date for such hearings, which date shall be as soon as practicable and in any event within five weeks from the date of the request of the competent committees of the European Parliament.

Such reporting to the European Parliament by the Managing Director of the EFSI on the performance of the EFSI may take the form of ad hoc meetings with the competent committees of the European Parliament, to be organised at the request of such competent committees, on a mutually agreed date.

In accordance with the relevant provisions of the Rules of Procedure of the European Parliament, such hearings and ad hoc meetings may be confidential.

7.6.   At the reasoned request of the Managing Director of the EFSI or of the Chair of the competent committee of the European Parliament, and with mutual agreement, senior staff of the EIB and of the EIF may attend the hearings and the ad hoc meetings, including any confidential meetings, referred to in Article 7.5.

8.1.   In accordance with Article 17(4) of the EFSI Regulation, at the request of the competent committees of the European Parliament, the President of the EIB shall reply orally or in writing to questions addressed to the EIB by the European Parliament on issues concerning EIB financing and investment operations covered by the EFSI Regulation.

8.2.   In accordance with Article 17(2) of the EFSI Regulation, the Managing Director of the EFSI shall reply, orally or in writing, to questions addressed to the EFSI by the European Parliament.

8.3.   The European Parliament shall address any questions to the President of the EIB pursuant to Article 8.1 through the Chair of the competent committee of the European Parliament. It shall address any questions to the Managing Director of the EFSI pursuant to Article 8.2 through the Chair of the competent committee of the European Parliament and the Secretariat of the EFSI.

8.4.   Any questions addressed by the European Parliament to the President of the EIB pursuant to Article 8.1, or to the Managing Director of the EFSI pursuant to Article 8.2, shall be answered as quickly as possible and in any event within five weeks of the date of receipt of a question.

Oral replies to questions addressed by the European Parliament to the President of the EIB pursuant to Article 8.1, or to the Managing Director of the EFSI pursuant to Article 8.2, may take the form of ad hoc meetings, as provided for in Article 7.2 and in the third subparagraph of Article 7.5, respectively.

9.1.   The EIB shall draw up the criteria for selection of the Managing Director and Deputy Managing Director of the EFSI in accordance with the EFSI Regulation, including the required balance of skills, knowledge and experience, seeking to promote the highest standards and to ensure diversity, including gender diversity.

9.2.   The EIB shall inform the relevant committees of the European Parliament of a vacancy two weeks before the publication of that vacancy, giving details of the open selection procedure that the EIB will follow.

9.3.   The EIB shall inform the relevant committees of the European Parliament of the composition of the pool of applicants (number of applications, mix of professional skills, gender and nationality balance), as well as the method to be used to screen the pool. Such screening shall result in a shortlist of at least two potential candidates proposed by the EIB to the Steering Board.

9.4.   The EIB shall provide the relevant committees of the European Parliament with the shortlist of candidates. The EIB shall provide such shortlist at least three weeks before the Steering Board selects the final candidate.

9.5.   The relevant committees of the European Parliament may submit questions concerning the selection criteria or the shortlist, or both, within a week of receiving the shortlist of candidates. The EIB shall reply in writing within two weeks.

9.6.   The approval process shall comprise the following steps:

9.7.   Following approval by the European Parliament, the President of the EIB shall appoint the Managing Director and the Deputy Managing Director in accordance with the provisions of the EFSI Regulation.

9.8.   If the European Parliament does not approve a proposal of the EIB, the EIB may draw on the pool of existing candidates or relaunch the selection procedure.

9.9.   The EIB shall notify without undue delay any resignation, dismissal, temporary replacement or vacancy occurring in the governance structure of EFSI to the European Parliament.

10.1.   Having regard to the fact that some of the information exchanged in the context of this Agreement may be of a confidential character or commercially sensitive, the Parties undertake to abstain from disclosing without the prior written consent of the other any confidential information received by them in this context.

That undertaking, however, shall not affect any communication of information which is required by law, regulation, treaty, or by an order of a court having jurisdiction on the matter and shall be without prejudice to the relevant provisions of the EFSI Regulation on transparency and public disclosure of information.

For the purposes of this Agreement, ‘confidential information’ shall mean any information in written or other permanent (including electronic) form which is clearly identified as confidential.

In designating information as confidential information, the EIB shall comply with its Transparency Policy, as published on its website at the time such information is provided to the European Parliament.

10.2.   The European Parliament shall handle and protect any confidential information provided by the EIB pursuant to this Agreement in accordance with the relevant provisions of the Rules of Procedure of the European Parliament, and in particular Rule 210a (Procedure for the consultation by a committee of confidential information received by Parliament) thereof, and with the Decision of the Bureau of the European Parliament of 15 April 2013 concerning the rules governing the treatment of confidential information by the European Parliament (4), in respect of ‘other confidential information’ (as defined therein).

10.3.   In accordance with the relevant provisions of its Rules of Procedure, the European Parliament shall maintain a list of persons handling confidential information.

10.4.   The European Parliament and the EIB shall keep each other informed on the initiation and outcome of any judicial, administrative or other proceedings in which a third party seeks access to confidential information provided by the EIB to the European Parliament.

11.1.   In order to prepare exchanges of views, hearings or other forms of interaction foreseen in this Agreement, staff-level meetings shall be organised if so requested by the European Parliament or by the EIB.

11.2.   Staff-level meetings shall be held at least one week in advance of the exchange of views, hearing or other form of interaction to which they relate.

13.1.   The Parties shall periodically assess the practical implementation of this Agreement and shall carry out a review as soon as the regulation extending the duration of EFSI enters into force and again by 30 June 2019, in the light of practical experience of implementation.

13.2.   This Agreement shall enter into force on the day following that of its signature.

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