(1)

Council Regulation (EU) No 40/2013 of 21 January 2013 fixing for 2013 the fishing opportunities available in EU waters and, to EU vessels, in certain non-EU waters for certain fish stocks and groups of fish stocks which are subject to international negotiations or agreements (2) fixes the amount of bluefin tuna which may be fished in 2013 in the Atlantic Ocean, east of longitude 45° W, and the Mediterranean Sea by European Union fishing vessels and traps.

(2)

Council Regulation (EC) No 302/2009 of 6 April 2009 concerning a multiannual recovery plan for bluefin tuna in the Eastern Atlantic and Mediterranean, amending Regulation (EC) No 43/2009 and repealing Regulation (EC) No 1559/2007, (3) requires Member States to inform the Commission of the individual quota allocated to their vessels over 24 metres. For catching vessels less than 24 metres and for traps, Member States need to inform the Commission at least of the quota allocated to producer organisations or groups of vessels fishing with similar gear.

(3)

The Common Fisheries Policy is designed to ensure the long-term viability of the fisheries sector through sustainable exploitation of living aquatic resources based on the precautionary approach.

(4)

In accordance with Article 36, paragraph 2 of Council Regulation (EC) No 1224/2009, where the Commission finds that, on the basis of information provided by Member States and of other information in its possession, fishing opportunities available to the European Union, a Member State or group of Member States are deemed to have been exhausted for one or more gears or fleets, the Commission shall inform the Member State(s) concerned thereof and shall prohibit fishing activities for the respective area, gear, stock, group of stocks or fleet involved in those specific fishing activities.

(5)

The information in the Commission's possession indicates that the fishing opportunities for bluefin tuna in the Atlantic Ocean, east of longitude 45° W, and the Mediterranean Sea allocated to traps registered in Spain have been exhausted.

(6)

On the 10, 12 and 19 June, Spain informed the Commission of the fact that it had imposed a stop on the fishing activities of its 4 traps active in the 2013 bluefin tuna fishery with effect from 11 June for two traps, with effect from 12 June for one trap and with effect from 20 June for the remaining trap resulting in the prohibition of all the activities as of 20 June 2013 at 00:00.

(7)

Without prejudice to the actions by Spain mentioned above, it is necessary that the Commission confirms the prohibition of fishing for bluefin tuna in the Atlantic Ocean, east of longitude 45° W and the Mediterranean Sea by traps registered in Spain with effect from 20 June 2013 at 00:00 at the latest.

(1)

Annex to Regulation (EC) No 2580/2001 lists the competent authorities to whom information and requests concerning the measures imposed by that Regulation should be sent.

(2)

Latvia requested that the address details concerning its competent authorities should be amended.

(3)

Annex to Regulation (EC) No 2580/2001 should therefore be updated accordingly,

(1)

Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.

(2)

The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

(1)

Pursuant to Article 6(1) of Joint Action 2008/851/CFSP, the Council authorised the Political and Security Committee (PSC) to take decisions on the appointment of the EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (EU Force Commander).

(2)

On 22 March 2013, the PSC adopted Decision Atalanta/1/2013 (2) appointing Commodore Jorge NOVO PALMA as EU Force Commander.

(3)

The EU Operation Commander has recommended the appointment of Commodore Peter LENSELINK as the new EU Force Commander to succeed Commodore Jorge NOVO PALMA.

(4)

The EU Military Committee supports that recommendation.

(5)

In accordance with Article 5 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications,

(1)

In view of the accession of Croatia to the European Union and its national central bank (NCB), Hrvatska narodna banka, joining the European System of Central Banks (ESCB) on 1 July 2013, Decision ECB/2013/17 of 21 June 2013 on the national central banks’ percentage shares in the key for subscription to the European Central Bank’s capital (1) provides for the expansion of the key for subscription to the capital of the European Central Bank (ECB) (hereinafter ‘capital key’) in accordance with Article 29.3 of the Statute of the ESCB and establishes, with effect from 1 July 2013, the new weightings assigned to each NCB in the expanded capital key (hereinafter the ‘capital key weightings’).

(2)

The adjustments to the capital key weightings and the resulting changes in the NCBs’ shares in the ECB’s subscribed capital make it necessary to adjust the claims which the ECB has credited under Article 30.3 of the Statute of the ESCB to the NCBs of the Member States whose currency is the euro (hereinafter the ‘euro area NCBs’) and which are equivalent to the contributions by euro area NCBs of foreign reserve assets to the ECB (hereinafter the ‘claims’). Those euro area NCBs whose claims increase due to the increase in their capital key weightings from 1 July 2013 should therefore effect a compensatory transfer to the ECB, while the ECB should effect a compensatory transfer to those euro area NCBs whose claims decrease due to a decrease in their capital key weightings.

(3)

The limit on the amount of foreign reserve assets that may be transferred to the ECB will be equivalent to EUR 57 951 042 976,26 with effect from 1 July 2013.

(4)

In accordance with the general principles of fairness, equal treatment and the protection of legitimate expectations underlying the Statute of the ESCB, those euro area NCBs whose relative share in the ECB’s accumulated equity value increases due to the abovementioned adjustments should also effect a compensatory transfer to those euro area NCBs whose relative shares decrease.

(5)

The respective capital key weightings of each euro area NCB until 30 June 2013 and with effect from 1 July 2013 should be expressed as a percentage of the ECB’s total capital as subscribed to by all euro area NCBs for the purpose of calculating the adjustment of the value of each euro area NCB’s share in the ECB’s accumulated equity value.

(6)

Accordingly, the adoption of a new ECB decision is required that repeals Decision ECB/2008/27 of 12 December 2008 laying down the measures necessary for the contribution to the European Central Bank’s accumulated equity value and for adjusting the national central banks’ claims equivalent to the transferred foreign reserve assets (2),

(a)

‘accumulated equity value’ means the total of the ECB’s reserves, revaluation accounts and provisions equivalent to reserves as calculated by the ECB as at 30 June 2013, plus or minus the ECB’s accumulated net profit or loss, as the case may be, from 1 January 2013 until 30 June 2013. The ECB’s reserves and those provisions equivalent to reserves shall include, without limitation to the generality of the ‘accumulated equity value’, the general reserve fund and the provision for foreign exchange rate, interest rate, credit and gold price risks;

(b)

‘transfer date’ means 12 July 2013;

(c)

the ‘ECB’s income on euro banknotes’ shall have the same meaning as the term ‘ECB’s income on euro banknotes in circulation’ as defined in Article 1(c) of Decision ECB/2010/24 of 25 November 2010 on the interim distribution of the income of the European Central Bank on euro banknotes in circulation and arising from securities purchased under the securities markets programme (3);

(d)

the ‘ECB’s income on SMP’ shall have the same meaning as the term ‘ECB’s income arising from SMP securities’ as defined in Article 1(d) of Decision ECB/2010/24.

(1)

In view of the accession of Croatia to the European Union and its national central bank (NCB), Hrvatska narodna banka, joining the European System of Central Banks on 1 July 2013, Decision ECB/2013/17 of 21 June 2013 on the national central banks’ percentage shares in the key for subscription to the European Central Bank’s capital (1) provides for the expansion of the key for subscription to the capital of the European Central Bank (hereinafter ‘capital key’) and establishes, with effect from 1 July 2013, the new weightings assigned to each NCB in the expanded capital key (hereinafter the ‘capital key weightings’).

(2)

Article 1(d) of Decision ECB/2010/29 of 13 December 2010 on the issue of euro banknotes (2) defines the ‘banknote allocation key’ and refers to Annex I to that Decision, which specifies the banknote allocation key applying since 1 January 2011. Given that new capital key weightings will apply from 1 July 2013, Decision ECB/2010/29 needs to be amended in order to determine the banknote allocation key applying from 1 July 2013,

(1)

Decision ECB/2008/23 of 12 December 2008 on the national central banks’ percentage shares in the key for subscription to the European Central Bank’s capital (1) laid down with effect from 1 January 2009 the weightings assigned to those national central banks (NCBs) that were members of the European System of Central Banks (ESCB) on 1 January 2009 in the key for subscription to the ECB’s capital (hereinafter the ‘capital key weightings’ and the ‘capital key’ respectively).

(2)

In view of the accession of Croatia to the European Union and its NCB, Hrvatska narodna banka, joining the ESCB on 1 July 2013, the ECB’s subscribed capital should automatically be increased pursuant to Article 48.3 of the Statute of the ESCB. This increase requires the calculation of the capital key weighting of each NCB that will be a member of the ESCB on 1 July 2013 by analogy with Article 29.1 and in compliance with Article 29.2 of the Statute of the ESCB.

(3)

In accordance with Council Decision 2003/517/EC of 15 July 2003 on the statistical data to be used for the adjustment of the key for subscription to the capital of the European Central Bank (2), the European Commission provided the ECB with the statistical data to be used in determining the adjusted capital key.

(4)

By analogy with Articles 3.5 and 6.6 of the Rules of Procedure of the General Council of the European Central Bank (3), and in view of the General Council’s contribution to this Decision, the Governor of Hrvatska narodna banka has had the opportunity to submit observations regarding this Decision prior to its adoption,

(1)

Decision ECB/2013/17 of 21 June 2013 on the national central banks’ percentage shares in the key for subscription to the European Central Bank’s capital (1) provides for the adjustment of the weightings assigned to the national central banks (NCBs) in the key for subscription to the European Central Bank’s (ECB’s) capital (hereinafter the ‘capital key weightings’ and the ‘capital key’ respectively) in view of the accession of Croatia to the European Union and its NCB, Hrvatska narodna banka, joining the European System of Central Banks (ESCB) on 1 July 2013. This adjustment requires the Governing Council to determine the terms and conditions for transfers of capital shares between the NCBs that are members of the ESCB on 30 June 2013 in order to ensure that the distribution of these shares corresponds to the adjustments made. Accordingly, the adoption of a new decision is required that repeals Decision ECB/2008/25 of 12 December 2008 laying down the terms and conditions for transfers of the European Central Bank’s capital shares between the national central banks and for the adjustment of the paid-up capital (2) with effect from 1 July 2013.

(2)

Hrvatska narodna banka will not join the ESCB until 1 July 2013, which means that the transfer of capital pursuant to Article 28.5 of the Statute of the ESCB does not apply to it on this occasion.

(3)

Decision ECB/2013/19 of 21 June 2013 on the paying-up of the European Central Bank’s capital by the national central banks of Member States whose currency is the euro (3) determines how and to what extent the national central banks of the Member States whose currency is the euro (hereinafter ‘euro area NCBs’) are under an obligation to pay up the ECB’s capital in view of the expanded capital key. Decision ECB/2013/20 of 21 June 2013 on the paying-up of the European Central Bank’s capital by the non-euro area national central banks (4) determines the percentage that the national central banks of the Member States whose currency is not the euro (hereinafter ‘non-euro area NCBs’) are under an obligation to pay up with effect from 1 July 2013 in view of the expanded capital key.

(4)

The euro area NCBs have already paid up their shares in the ECB’s subscribed capital as required under Decision ECB/2010/27 of 13 December 2010 on the paying-up of the increase of the European Central Bank’s capital by the national central banks of Member States whose currency is the euro (5). In view of this, Article 2(1) of Decision ECB/2013/19 states that euro area NCBs should either transfer an additional amount to the ECB, or receive an amount back from the ECB, as appropriate, in order to arrive at the amounts shown in the table in Article 1 of Decision ECB/2013/19. Decision ECB/2010/27 supplements Decision ECB/2008/24 of 12 December 2008 laying down the measures necessary for the paying-up of the European Central bank’s capital by the participating national central banks (6).

(5)

Likewise, the non-euro area NCBs, with the exception of Hrvatska narodna banka, have already paid up a percentage of their shares in the ECB’s subscribed capital as required under Decision ECB/2010/28 of 13 December 2010 on the paying-up of the European Central Bank’s capital by the non-euro area national central banks (7). In view of this, Article 2(1) of Decision ECB/2013/20 states that each of them should either transfer an additional amount to the ECB, or receive an amount back from the ECB, as appropriate, in order to arrive at the amounts shown in the third column of the table in Article 1 of Decision ECB/2013/20. Article 2(2) of Decision ECB/2013/20 states that Hrvatska narodna banka should transfer to the ECB the amount shown next to its name in the third column of the table in Article 1 of the same Decision,

(1)

Decision ECB/2008/24 of 12 December 2008 laying down the measures necessary for the paying-up of the European Central Bank’s capital by the participating national central banks (1) determined how and to what extent the national central banks of the Member States whose currency is the euro (hereinafter ‘euro area NCBs’) were under an obligation to pay up the capital of the European Central Bank (ECB) on 1 January 2009. Decision ECB/2008/24 was supplemented by Decision ECB/2010/27 of 13 December 2010 on the paying-up of the increase of the European Central Bank’s capital by the national central banks of Member States whose currency is the euro (2).

(2)

In view of the accession of Croatia to the European Union and its national central bank (NCB), Hrvatska narodna banka, joining the European System of Central Banks on 1 July 2013, Decision ECB/2013/17 of 21 June 2013 on the national central banks’ percentage shares in the key for subscription to the European Central Bank’s capital (3) lays down the key for subscription to the ECB’s capital (hereinafter the ‘capital key’) in accordance with Article 29.1 of the Statute of the ESCB and establishes with effect from 1 July 2013 the new weightings assigned to each Union central bank in the capital key (hereinafter the ‘capital key weightings’).

(3)

The ECB’s subscribed capital will be EUR 10 825 007 069,61 from 1 July 2013.

(4)

The expansion of the ECB’s capital key requires the adoption of a new ECB decision repealing Decision ECB/2008/24 and Decision ECB/2010/27 with effect from 1 July 2013, and determining how and to what extent the euro area NCBs are under an obligation to pay up the ECB’s capital with effect from 1 July 2013,

(1)

Article 47 of the Statute of the ESCB provides that national central banks of Member States with a derogation (hereinafter ‘non-euro area NCBs’) do not need to pay up their subscribed capital unless the General Council, acting by a majority representing at least two thirds of the subscribed capital of the European Central Bank (ECB) and at least half of the shareholders, decides that a minimal percentage has to be paid up as a contribution to the ECB’s operational costs.

(2)

Article 1 of Decision ECB/2010/28 of 13 December 2010 on the paying-up of the European Central Bank’s capital by the non-euro area national central banks (1) provides that each non-euro area NCB shall pay up 3,75 % of its share in the ECB’s subscribed capital with effect from 29 December 2010.

(3)

In view of the accession of Croatia to the European Union and its national central bank, Hrvatska narodna banka, joining the ESCB on 1 July 2013, Decision ECB/2013/17 of 21 June 2013 on the national central banks’ percentage shares in the key for subscription to the European Central Bank’s capital (2) lays down the key for subscription to the ECB’s capital (hereinafter the ‘capital key) in accordance with Article 29.1 of the Statute of the ESCB and establishes with effect from 1 July 2013 the new weightings assigned to each Union central bank in the capital key (hereinafter the ‘capital key weightings’).

(4)

The ECB’s subscribed capital will be EUR 10 825 007 069,61 from 1 July 2013.

(5)

The expanded capital key requires the adoption of a new ECB decision repealing Decision ECB/2010/28 with effect from 1 July 2013 and determining the percentage of the ECB’s subscribed capital which the non-euro area NCBs are under an obligation to pay up with effect from 1 July 2013.

(6)

In accordance with Article 3.5 of the Rules of Procedure of the General Council of the European Central Bank (3), the Governor of Hrvatska narodna banka has had the opportunity to submit observations regarding this Decision prior to its adoption,