ISSN 1977-091X

Official Journal

of the European Union

C 140

European flag  

English edition

Information and Notices

Volume 59
21 April 2016


Notice No

Contents

page

 

I   Resolutions, recommendations and opinions

 

RECOMMENDATIONS

 

European Systemic Risk Board

2016/C 140/01

Recommendation of the European Systemic Risk Board of 21 March 2016 amending Recommendation ESRB/2012/2 on funding of credit institutions (ESRB/2016/2)

1


 

IV   Notices

 

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

 

European Commission

2016/C 140/02

Euro exchange rates

3

 

Court of Auditors

2016/C 140/03

Special Report No 10/2016 — Further improvements needed to ensure effective implementation of the excessive deficit procedure

4


 

V   Announcements

 

ADMINISTRATIVE PROCEDURES

 

European Commission

2016/C 140/04

Call for expressions of interest for the selection of the members of the European Fiscal Board

5

 

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

 

European Commission

2016/C 140/05

Prior notification of a concentration (Case M.8009 — CPPIB/GIP/Pacific National Business of Asciano) — Candidate case for simplified procedure ( 1 )

9


 


 

(1)   Text with EEA relevance

EN

 


I Resolutions, recommendations and opinions

RECOMMENDATIONS

European Systemic Risk Board

21.4.2016   

EN

Official Journal of the European Union

C 140/1


RECOMMENDATION OF THE EUROPEAN SYSTEMIC RISK BOARD

of 21 March 2016

amending Recommendation ESRB/2012/2 on funding of credit institutions

(ESRB/2016/2)

(2016/C 140/01)

THE GENERAL BOARD OF THE EUROPEAN SYSTEMIC RISK BOARD,

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

Having regard to Regulation (EU) No 1092/2010 of the European Parliament and of the Council of 24 November 2010 on European Union macro-prudential oversight of the financial system and establishing a European Systemic Risk Board (1), and in particular to Article 3(2)(b), (d) and (f), and Articles 16 to 18 thereof,

Having regard to Decision ESRB/2011/1 of the European Systemic Risk Board of 20 January 2011 adopting the Rules of Procedure of the European Systemic Risk Board (2), and in particular Article 15(3)(e) and Articles 18 to 20 thereof,

Whereas:

(1)

On 20 December 2012 the General Board of the European Systemic Risk Board (ESRB) adopted Recommendation ESRB/2012/2 (3). The recommendation aims at incentivising sustainable funding structures for credit institutions.

(2)

In order for the aims of Recommendation ESRB/2012/2 to be achieved, national supervisory authorities (hereinafter ‘NSAs’), national macro-prudential authorities and the European Banking Authority (EBA) are requested to take certain actions within the time limits set out in Section 2(3) of Recommendation ESRB/2012/2.

(3)

On 16 September 2014 the General Board decided to extend some time limits by periods of six to 12 months. According to the revised timeline, the EBA should deliver to the ESRB an interim report containing a first assessment of the results of the implementation of Recommendation A(5) of Recommendation ESRB/2012/2 by 31 March 2016 and a final report to the ESRB and the Council of the European Union by 30 June 2016. These reports should be based on the data on funding plans submitted to the EBA by NSAs. However, the EBA has stated that it will not be possible to fully comply with the specified time limits due to delays in the delivery of data.

(4)

The overarching objective of the ESRB is to prevent or mitigate systemic risks in a timely and effective manner. The General Board considers that merging the interim and the final reports on Recommendation A(5) into a single report to be delivered by the EBA and extending the time limit for the delivery of the report to the ESRB and the Council by an additional 12 months would not jeopardise the orderly functioning of the financial markets, nor imply that Recommendation A(5) will be left unimplemented.

(5)

The General Board should therefore extend the relevant time limit in order to provide the EBA with sufficient time to take the steps necessary for the implementation of Recommendation A(5).

(6)

Therefore Recommendation ESRB/2012/2 should be amended accordingly,

HAS ADOPTED THIS RECOMMENDATION:

Recommendation ESRB/2012/2 is amended as follows:

1.

Section 2(3)(1) is replaced by the following:

‘1.

Recommendation A — National supervisory authorities with responsibility for banking supervision, national supervisory authorities and other authorities with a macro-prudential mandate, and the EBA are requested to report according to the following timeline:

(a)

by 31 December 2015, national supervisory authorities with responsibility for banking supervision are requested to deliver to the ESRB an interim report containing a first assessment of the results of the implementation of Recommendation A(1) and (2);

(b)

by 31 July 2016, national supervisory authorities with responsibility for banking supervision are requested to deliver a final report on Recommendation A(1) and (2) to the ESRB and to the Council;

(c)

by 31 December 2015, national supervisory authorities and other authorities with a macro-prudential mandate are requested to deliver to the ESRB an interim report containing a first assessment of the results of the implementation of Recommendation A(3);

(d)

by 30 September 2016 national supervisory authorities and other authorities with a macro-prudential mandate are requested to deliver a final report on the implementation of Recommendation A(3) to the ESRB and to the Council;

(e)

by 30 June 2014, the EBA is requested to deliver the guidelines referred to in Recommendation A(4) to the ESRB and to the Council;

(f)

by 31 March 2017, the EBA is requested to deliver a report on the implementation of Recommendation A(5) to the ESRB and to the Council.’;

2.

in the Annex, point V.1.3.1 is replaced by the following:

‘V.1.3.1.   Timeline

National supervisory authorities with responsibility for banking supervision, national supervisory authorities and other authorities with a macro-prudential mandate and the EBA are requested to report to the ESRB and the Council on the actions taken in response to this Recommendation, or adequately justify any inaction, according to the following timeline:

a.

by 31 December 2015, national supervisory authorities with responsibility for banking supervision are requested to deliver to the ESRB an interim report containing a first assessment of the result of the implementation of Recommendations A(1) and (2);

b.

by 31 July 2016, national supervisory authorities with responsibility for banking supervision are requested to deliver a final report on Recommendations A(1) and (2) to the ESRB and to the Council;

c.

by 31 December 2015, national supervisory authorities and other authorities with a macro-prudential mandate are requested to deliver to the ESRB an interim report containing a first assessment of the result of the implementation of Recommendation A(3);

d.

by 30 September 2016, national supervisory authorities and other authorities with a macro-prudential mandate are requested to deliver a final report on the implementation of Recommendation A(3) to the ESRB and to the Council;

e.

by 30 June 2014, the EBA is requested to deliver the guidelines referred to in Recommendation A(4) to the ESRB and to the Council;

f.

by 31 March 2017, the EBA is requested to deliver a report on the implementation of Recommendation A(5) to the ESRB and to the Council.’.

Done at Frankfurt am Main, 21 March 2016.

The Chair of the ESRB

Mario DRAGHI


(1)  OJ L 331, 15.12.2010, p. 1.

(2)  OJ C 58, 24.2.2011, p. 4.

(3)  Recommendation ESRB/2012/2 of the European Systemic Risk Board of 20 December 2012 on funding of credit institutions (OJ C 119, 25.4.2013, p. 1).


IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

21.4.2016   

EN

Official Journal of the European Union

C 140/3


Euro exchange rates (1)

20 April 2016

(2016/C 140/02)

1 euro =


 

Currency

Exchange rate

USD

US dollar

1,1379

JPY

Japanese yen

124,20

DKK

Danish krone

7,4430

GBP

Pound sterling

0,79100

SEK

Swedish krona

9,1643

CHF

Swiss franc

1,0939

ISK

Iceland króna

 

NOK

Norwegian krone

9,2336

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,021

HUF

Hungarian forint

309,05

PLN

Polish zloty

4,2875

RON

Romanian leu

4,4827

TRY

Turkish lira

3,2011

AUD

Australian dollar

1,4556

CAD

Canadian dollar

1,4421

HKD

Hong Kong dollar

8,8272

NZD

New Zealand dollar

1,6231

SGD

Singapore dollar

1,5246

KRW

South Korean won

1 285,04

ZAR

South African rand

16,1623

CNY

Chinese yuan renminbi

7,3578

HRK

Croatian kuna

7,5023

IDR

Indonesian rupiah

14 973,62

MYR

Malaysian ringgit

4,3950

PHP

Philippine peso

52,626

RUB

Russian rouble

74,6465

THB

Thai baht

39,656

BRL

Brazilian real

4,0362

MXN

Mexican peso

19,7060

INR

Indian rupee

75,3270


(1)  Source: reference exchange rate published by the ECB.


Court of Auditors

21.4.2016   

EN

Official Journal of the European Union

C 140/4


Special Report No 10/2016

‘Further improvements needed to ensure effective implementation of the excessive deficit procedure’

(2016/C 140/03)

The European Court of Auditors hereby informs you that Special Report No 10/2016 ‘Further improvements needed to ensure effective implementation of the excessive deficit procedure’ has just been published.

The report can be accessed for consultation or downloading on the European Court of Auditors’ website: http://eca.europa.eu or on EU Bookshop: https://bookshop.europa.eu


V Announcements

ADMINISTRATIVE PROCEDURES

European Commission

21.4.2016   

EN

Official Journal of the European Union

C 140/5


Call for expressions of interest for the selection of the members of the European Fiscal Board

(2016/C 140/04)

1.   BACKGROUND

Following the recommendations of the ‘Five Presidents’ Report — Completing Europe's Economic and Monetary Union', the Commission has decided on 21 October 2015 to establish an independent European Fiscal Board (‘the Board’) (1).

The Board's mission is to contribute in an advisory capacity to the exercise of the Commission's functions in the multilateral fiscal surveillance of the euro area as set out in Articles 121, 126 and 136 TFEU.

The Board's tasks are the following:

a)

The Board shall provide to the Commission an evaluation of the implementation of the Union fiscal framework, in particular regarding the horizontal consistency of the decisions and implementation of budgetary surveillance, cases of particularly serious non-compliance with the rules, and the appropriateness of the actual fiscal stance at euro area and national level. In this evaluation, the Board may also make suggestions for the future evolution of the Union fiscal framework.

b)

The Board shall advise the Commission on the prospective fiscal stance appropriate for the euro area as a whole based on an economic judgment. It may advise the Commission on the appropriate national fiscal stances that are consistent with its advice on the aggregate fiscal stance of the euro area within the rules of the Stability and Growth Pact. Where it identifies risks jeopardising the proper functioning of the Economic and Monetary Union, the Board shall accompany its advice with a specific consideration of the policy options available under the Stability and Growth Pact.

c)

The Board shall cooperate with the national fiscal councils as referred to in Article 6(1)(b) of Council Directive 2011/85/EU (2). The cooperation between the Board and the national fiscal councils shall in particular aim at exchanging best practices and facilitating common understanding on matters related to the Union fiscal framework.

d)

On the request of the President of the Commission, the Board shall provide ad-hoc advice.

2.   COMPOSITION OF THE BOARD

The Board shall be composed of a Chair and four Members (‘the Chair’ and ‘the Member(s)’ hereafter).

The Chair shall be responsible for overseeing the performance of tasks entrusted to the Board and ensuring its proper functioning. The Chair shall convene and chair meetings of the Board. In particular, the Chair will be responsible to:

ensure the successful delivery of the mandate entrusted to the Board while adhering to the highest qualitative and ethical standards;

supported by the Secretariat, convene and chair meetings of the Board and ensure adhering to the Board's Rules of Procedure;

manage the Board and take overall responsibility for its operations, implementation of annual work programme;

represent the Board in contacts with the Commission and other EU, national and international bodies and organisations;

present the Board's annual report.

Members will contribute actively to the Board's work and participate in its executive sessions. Each Member will report to the Chair regarding her/his individual contribution. In particular, a Member will:

ensure the achievement of objectives and tasks for the successful delivery of the mandate entrusted to the Board while adhering to the highest qualitative and ethical standards;

contribute to determining the priorities for the Board's strategic planning;

contribute to the development and improvement of analytical tools necessary to deliver the Board's mandate.

The Chair and the Members of the Board shall be appointed for a period of three years, renewable once. They will be appointed as Special Advisers (3) and remunerated on a per diem basis based at an AD 15 basic salary for the Chair and an AD 14 basic salary for the Members. It is expected that the Chair will dedicate around 20 full days per year and the Members around 10 full days per year to their respective responsibilities.

Travel and accommodation expenses incurred by the Chair and the Members shall be reimbursed by the Commission upon claim with supporting documents in accordance with the provisions in force within the Commission. In addition a daily allowance will be provided to cover other costs such as meals.

Expenses shall be reimbursed within the limits of the available appropriations allocated under the annual procedure for the allocation of resources.

The Board shall have its own Secretariat for analytical, statistical, administrative and logistical support. The Commission will appoint the Head of Secretariat, after consulting the Chair, for a period of three years, renewable once. The Head of Secretariat will assist with setting-up the Board. The other members of the Secretariat shall be selected on the basis of high levels of qualification and experience in areas relevant for the Board's activity and be assigned or attached (mis à disposition). The Secretariat is attached, for administrative purposes, to the Secretariat-General of the Commission.

3.   INDEPENDENCE

In the performance of their tasks, the members of the Board shall act independently and shall neither seek nor take instructions from the Union's institutions or bodies, from any government of a Member State or from any other public or private body. The members of the secretariat shall take instructions only from the Board.

The members of the Board shall disclose any potential conflict of interest with respect to a particular assessment or opinion to the Chair, who shall take any appropriate measure, and may decide that the member concerned shall not participate in the preparation and adoption of that assessment or opinion. As regards the Chair, any such difficulty shall be settled by decision of the Board.

4.   ELIGIBILITY CRITERIA

To be considered for the selection phase, candidates must fulfil the following formal criteria by the closing date for applications:

Professional experience  (4): have at least 15 years' post-graduate experience acquired after the qualification referred to below was obtained;

Relevant professional experience: of the 15 years of professional experience, to have acquired at least 10 years' experience in domains relevant to area of macroeconomic policies, especially in the domain of fiscal policy and budgetary management.

University degree or diploma:

a level of education which corresponds to completed university studies, attested by a diploma, where the normal period of university education is four years or more; or

a level of education which corresponds to completed university studies, attested by a diploma, and appropriate professional experience of at least one year, where the normal period of university education is at least three years (this one year's professional experience cannot be included in the post-graduate professional experience required above);

Languages: have a thorough knowledge of one of the official languages of the European Union and an adequate knowledge of at least another of these languages (5).

Nationality: be a citizen of a Member State of the European Union.

5.   APPLICATION PROCEDURE

Each application must be completed in one of the official languages of the European Union, must clearly indicate the applicant's nationality and include the necessary documentation.

Interested applicants are required to submit their applications in electronic format to the European Commission at the following address: EFB-Secretariat@ec.europa.eu

An application will be deemed admissible only if it is sent by the deadline and includes the documents referred to below. Supporting documents may be requested at a later stage.

Deadline for applications

Deadline for applications: 30 calendar days from the date of the publication of this call for expression of interest in the Official Journal of the European Union.

The Commission reserves the right to extend the closing date of this call for expression of interest by publication in the Official Journal of the European Union only.

Supporting documents

Each application shall include the following supporting documents:

A cover letter explaining the motivation for answering this call;

A curriculum vitae;

A statement listing possible conflicts of interest resulting from membership in the EFB with regard to other occupations held by the candidate.

6.   SELECTION PROCEDURE

The selection procedure will consist of an assessment of the applications against the criteria set out below, followed by the establishment of a list of most fitting applicants. Applicants considered most suitable may be invited for an interview before appointment decisions are made.

The Chair and one member shall be appointed by the Commission upon proposal of the President, after having consulted the Vice-President for the Euro and Social Dialogue and the Commissioner for Economic and Financial Affairs, Taxation and Customs.

The other three members shall be appointed by the Commission upon proposal of the President, after having consulted the national fiscal councils, the European Central Bank and the Eurogroup Working Group.

For all Board members, including the Chair, an equal opportunities policy shall apply.

Selection criteria

The President will take the following criteria into account when assessing applications:

Proven and relevant competence and experience of the applicants demonstrating that they are respected international experts as regards macroeconomics, public finances, fiscal policy and budgetary management;

Deep understanding of the EU fiscal framework and its role for the functioning of the EU and EMU;

Proven and relevant competence and experience with economic policy making; preferably gained from work in policy-making institutions, policy-advising institutions or academia;

Knowledge of the EU institutions and EU decision making processes and the role of the European Commission;

Experience in carrying out economic analysis from a horizontal, cross country perspective would be an asset

Ability to develop and implement a strategic vision;

Outstanding sense of responsibility, resolve, initiative and integrity; and

Excellent oral and written communication skills in order to liaise, communicate and cooperate efficiently with internal and external stakeholders. Good knowledge of English will be essential.

The Chair of the Board will need to demonstrate management skills and ability to build trusting working relationships. Professional experience of leading an organisation in a high level executive role in the relevant field would be an asset.

In the selection process the Commission will also endeavour to strike a balance in terms of representativeness of applicants, gender and geographical origin, taking account of the specific tasks of the European Fiscal Board and the type of expertise required.

7.   TENTATIVE TIMELINE

It is envisaged to hold selection interviews in June so as to ensure that the European Fiscal Board is established and operational by September 2016.

For additional information please send an email to EFB-Secretariat@ec.europa.eu or call the Secretariat at the following number: +32 22920875


(1)  OJ L 282, 28.10.2015, p. 37 and OJ L 40, 17.2.2016, p. 15.

(2)  Council Directive 2011/85/EU of 8 November 2011 on requirements for budgetary frameworks of the Member States (OJ L 306, 23.11.2011, p. 41).

(3)  Article 3(5) of Commission Decision C(2015)8000 provides that ‘the Chair and the Members of the Board shall be appointed as Special Advisors, whose status and remuneration are defined pursuant to Articles 5, 123 and 124 of the Conditions of Employment of Other Servants’.

(4)  Professional experience will be counted from the date on which the applicant acquired the minimum qualification for access to the profile in question.

(5)  Council Regulation (EC) No 920/2005 of 13 June 2005 amending Regulation No 1 of 15 April 1958 determining the language to be used by the European Economic Community and Regulation No 1 of 15 April 1958 determining the language to be used by the European Atomic Energy Community and introducing temporary derogation measures from those Regulations (OJ L 156, 18.6.2005, p. 3).


PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

21.4.2016   

EN

Official Journal of the European Union

C 140/9


Prior notification of a concentration

(Case M.8009 — CPPIB/GIP/Pacific National Business of Asciano)

Candidate case for simplified procedure

(Text with EEA relevance)

(2016/C 140/05)

1.

On 14 April 2016, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Canada Pension Plan Investment Board (‘CPPIB’ of Canada), and Global Infrastructure Management, LLC (‘GIP’ of the USA) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Asciano’s Pacific National Business (‘Pacific National’ of Australia), by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

—   for CPPIB: investing in public and private equities, real estate, infrastructure and fixed income instruments,

—   for GIP: investing in single assets and portfolios of assets and companies in infrastructure and infrastructure-related assets in the transport, energy, water and waste industries,

—   for Pacific National: national intermodal freight haulage and bulk haulage rail freight services in Australia.

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice.

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.8009 — CPPIB/GIP/Pacific National Business of Asciano, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË


(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.