EUR-Lex - 41990X1231(07) - EN Avis juridique important | 41990X1231(07) Resolution of the Council and Ministers for Education, meeting within the Council of 6 December 1990 concerning the Eurydice Education Information Network in the European Community Official Journal C 329 , 31/12/1990 P. 0023 - 0024 RESOLUTION OF THE COUNCIL AND MINISTERS FOR EDUCATION, MEETING WITHIN THE COUNCIL of 6 December 1990 concerning the Eurydice Education Information Network in the European Community (90/C 329/08) THE COUNCIL AND THE MINISTERS FOR EDUCATION, MEETING WITHIN THE COUNCIL, Referring to the resolution of the Council and of the Ministers for Education, meeting within the Council, of 9 February 1976 comprising an action programme in the field of education (1), and the general report of the Education Committee, which was approved in substance by the Council and the Ministers for Education meeting within the Council on 27 June 1980 and concerned the establishment of an education information network known as Eurydice, as well as, for an initial stage, the network's intended beneficiaries and its priority topics and operational structure; Referring to several resolutions of the European Parliament and in particular that of 11 March 1982 (2) on the implementation of the Eurydice network; Whereas the process of political, economic and social integration of the European Community is resulting in a quantitative and a qualitative increase in information requirements concerning education and training systems and specific questions relating to the development of education systems; whereas the Eurydice network forms part of a whole range of public and private sources of information on education in the Community; Whereas in their conclusions of 6 October 1989 (3) the Council and the Ministers for Education meeting within the Council, agreed to develop cooperation in education in the run-up to 1993; whereas they have recognized the value of the Eurydice network as an instrument of such cooperation, most recently in the conclusions of 31 May 1990 (4) on meetings of senior officials; Whereas the Council resolution of 22 January 1990 provides for the development of a programme to set up trans-European networks, of which the Eurydice network could be regarded as one of the elements; Welcoming the measures taken by the Commission to develop cooperation with appropriate international organizations, and especially with the Council of Europe for the coproduction of the European Education Thesaurus; Noting the Commission's report on 10 years of Eurydice activities, which points to the need for a better definition and a development of the education information network in the European Community, HEREBY ADOPT THIS RESOLUTION: 1. In order to intensify and improve cooperation in education between the Member States of the Community, and to assist the preparation of initiatives at national and Community level, it is necessary to reinforce and develop the Eurydice network as the chief instrument for providing information on national and Community structures, systems and developments in the field of education. The network consists of a European unit and units in the Member States. It is designed as a system permitting the mutual exchange of documentary information. 2.Development of the Eurydice network should help to: (a) improve, in the first place, the procedure of the question/answer system for the rapid provision of reliable information to the relevant national and Community authorities; (b)assist, in the second place, the drawing up of comparative analyses, reports and surveys on common priority topics determined inter alia in the Education Committee and at the regular meetings of senior officials; (c)also diversify the dissemination of the products available in the framework of the network, collaborating on this with public and private bodies. 3.Within constitutional and financial limits and in the framework of their own structures and policies, the Member States and the Commission are requested, in accordance with the principle of subsidiarity, to promote the following activities: (a) making the collection and documentary processing of information more systematic and more effective by using the new technologies to the full; (b)making the various specialized sources of information more accessible by fostering cooperation between the units of the network and the information structures and services concerning education and training at both national and Community level; (c)conducting a review of working methods with a view to securing improved efficiency and effectiveness. 4.The Member States' units should be capable of playing a dual role: on the one hand, providing the European network with information on the development of their own education systems; on the other hand, contributing to dissemination at national level with regard to the development of Member States' educational systems and policies and of Community activities concerning cooperation in education matters. 5.To ensure a more systematic provision of information on Community activities, the Member States' units should liaise with those responsible at national level for Community activities concerning education and training. 6.So that the Member States' units can perform their tasks within an active European network, national authorities should take adequate measures concerning staff and its training, as well as equipment. 7.The Commission is requested to strengthen the Eurydice European unit's vitalizing and coordinating role with regard to exchanges of information within the network, in particular by feeding the network's databanks and encouraging the preparation and dissemination of information. 8.The European unit, assisted by the Member States' units, should develop a computerized information system in the field of education and facilitate access by those units to the other Community databanks. 9.The European unit, assisted by the Member States' units, should contribute to the provision of information on Community education and training activities, in cooperation with, in particular, the European Centre for the Development of Vocational Training (Cedefop) and the National Academic Recognition Information Centre (Naric). 10.The European unit, assisted by the Member States' units, should provide technical assistance in the preparation and follow-up of meetings of senior officials. 11.The Commission is requested to continue its cooperation with the international organizations active in this field, especially the Council of Europe and the OECD, and to involve the Eurydice network in such cooperation. 12.The Commission is requested to strengthen links with the existing scheme of study visits for educational specialists (Arion), which is also concerned with the exchange of information between education systems, and to involve Eurydice in the preparation of visits and the utilization of information generated by such visits. 13.The Commission is invited to submit to the Council a progress report in particular covering the activities set out in paragraph 3 concerning the exchange of information on education. (1) OJ No C 38, 19. 2. 1976. (2) OJ No C 87, 5. 4. 1982. (3) OJ No C 277, 31. 10. 1989. (4) OJ No C 162, 31. 5. 1990.

Summary: Eurydice — European network for information on education systems and policies Eurydice — European network for information on education systems and policies SUMMARY OF: Resolution of the Council and Ministers for Education on the Eurydice education information network WHAT IS THE AIM OF THE RESOLUTION? It seeks to reinforce and develop the Eurydice network, which provides information on national and European structures, systems and developments in the field of education. KEY POINTS The Eurydice Network provides a vast source of comparable information on European education systems and policies and a wide range of comparative analyses on various topics of the education systems. The network supports evidence-based European cooperation in the fields of education and lifelong learning. Eurydice currently includes 42 national units based in all 38 countries participating in the Erasmus+ programme. The information provided by Eurydice national units includes information relating to official documents, such as laws, decrees, regulations and recommendations. This information is combined by the central Eurydice unit (based in Brussels) with other data sources — such as statistical data from Eurostat, the UOE database (a joint Unesco, OECD and Eurostat database) and the results of international education surveys — in order to produce final reports. Through its work, Eurydice aims to promote understanding, cooperation, trust and mobility at European and international levels. The network consists of national units located in European countries and is coordinated by the EU’s Education, Audiovisual and Culture Executive Agency (EACEA). All Eurydice publications are available free of charge on the Eurydice website or in print upon request. BACKGROUND For more information, see: ‘Welcome to Eurydice’ on the EACEA website MAIN DOCUMENT Resolution of the Council and Ministers for Education, meeting within the Council of 6 December 1990 concerning the Eurydice Education Information Network in the European Community (OJ C 329, 31.12.1990, pp. 23–24) RELATED ACTS Regulation (EU) No 1288/2013 of the European Parliament and of the Council of 11 December 2013 establishing ‘Erasmus+’: the Union programme for education, training, youth and sport and repealing Decisions No 1719/2006/EC, No 1720/2006/EC and No 1298/2008/EC (OJ L 347, 20.12.2013, pp. 50–73) last update 11.07.2016


EUR-Lex - 31989L0665 - EN Avis juridique important | 31989L0665 Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts Official Journal L 395 , 30/12/1989 P. 0033 - 0035 Finnish special edition: Chapter 6 Volume 3 P. 0048 Swedish special edition: Chapter 6 Volume 3 P. 0048 COUNCIL DIRECTIVE of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (89/665/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof, Having regard to the proposal from the Commission (1), In cooperation with the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas Community Directives on public procurement, in particular Council Directive 71/305/EEC of 26 July 1971 concerning the coordination of procedures for the award of public works contracts (4), as last amended by Directive 89/440/EEC (5), and Council Directive 77/62/EEC of 21 December 1976 coordinating procedures for the award of public supply contracts (6), as last amended by Directive 88/295/EEC (7), do not contain any specific provisions ensuring their effective application; Whereas the existing arrangements at both national and Community levels for ensuring their application are not always adequate to ensure compliance with the relevant Community provisions particularly at a stage when infringements can be corrected; Whereas the opening-up of public procurement to Community competition necessitates a substantial increase in the guarantees of transparency and non-discrimination; whereas, for it to have tangible effects, effective and rapid remedies must be available in the case of infringements of Community law in the field of public procurement or national rules implementing that law; Whereas in certain Member States the absence of effective remedies or inadequacy of existing remedies deter Community undertakings from submitting tenders in the Member State in which the contracting authority is established; whereas, therefore, the Member States concerned must remedy this situation; Whereas, since procedures for the award of public contracts are of such short duration, competent review bodies must, among other things, be authorized to take interim measures aimed at suspending such a procedure or the implementation of any decisions which may be taken by the contracting authority; whereas the short duration of the procedures means that the aforementioned infringements need to be dealt with urgently; Whereas it is necessary to ensure that adequate procedures exist in all the Member States to permit the setting aside of decisions taken unlawfully and compensation of persons harmed by an infringement; Whereas, when undertakings do not seek review, certain infringements may not be corrected unless a specific mechanism is put in place; Whereas, accordingly, the Commission, when it considers that a clear and manifest infringement has been committed during a contract award procedure, should be able to bring it to the attention of the competent authorities of the Member State and of the contracting authority concerned so that appropriate steps are taken for the rapid correction of any alleged infringement; Whereas the application in practice of the provisions of this Directive should be re-examined within a period of four years of its implementation on the basis of information to be supplied by the Member States concerning the functioning of the national review procedures, HAD ADOPTED THIS DIRECTIVE: Article 1 1. The Member States shall take the measures necessary to ensure that, as regards contract award procedures falling withing the scope of Directives 71/305/EEC and 77/62/EEC, decisions taken by the contracting authorities may be reviewed effectively and, in particular, as rapidly as possible in accordance with the conditions set out in the following Articles, and, in particular, Article 2 (7) on the grounds that such decisions have infringed Community law in the field of public procurement or national rules implementing that law. 2. Member States shall ensure that there is no discrimination between undertakings claiming injury in the context of a procedure for the award of a contract as a result of the distinction made by this Directive between national rules implementing Community law and other national rules. 3. The Member States shall ensure that the review procedures are available, under detailed rules which the Member States may establish, at least to any person having or having had an interest in obtaining a particular public supply or public works contract and who has been or risks being harmed by an alleged infringement. In particular, the Member States may require that the person seeking the review must have previously notified the contracting authority of the alleged infringement and of his intention to seek review. Article 2 1. The Member States shall ensure that the measures taken concerning the review procedures specified in Article 1 include provision for the powers to: (a) take, at the earliest opportunity and by way of interlocutory procedures, interim measures with the aim of correcting the alleged infringement or preventing further damage to the interests concerned, including measures to suspend or to ensure the suspension of the procedure for the award of a public contract or the implementation of any decision taken by the contracting authority; (b) either set aside or ensure the setting aside of decisions taken unlawfully, including the removal of discriminatory technical, economic or financial specifications in the invitation to tender, the contract documents or in any other document relating to the contract award procedure; (c) award damages to persons harmed by an infringement. 2. The powers specified in paragraph 1 may be conferred on separate bodies responsible for different aspects of the review procedure. 3. Review procedures need not in themselves have an automatic suspensive effect on the contract award procedures to which they relate. 4. The Member States may provide that when considering whether to order interim measures the body responsible may take into account the probable consequences of the measures for all interests likely to be harmed, as well as the public interest, and may decide not to grant such measures where their negative consequences could exceed their benefits. A decision not to grant interim measures shall not prejudice any other claim of the person seeking these measures. 5. The Member States may provide that where damages are claimed on the grounds that a decision was taken unlawfully, the contested decision must first be set aside by a body having the necessary powers. 6. The effects of the exercise of the powers referred to in paragraph 1 on a contract concluded subsequent to its award shall be determined by national law. Furthermore, except where a decision must be set aside prior to the award of damages, a Member State may provide that, after the conclusion of a contract following its award, the powers of the body responsible for the review procedures shall be limited to awarding damages to any person harmed by an infringement. 7. The Member States shall ensure that decisions taken by bodies responsible for review procedures can be effectively enforced. 8. Where bodies responsible for review procedures are not judicial in character, written reasons for their decisions shall always be given. Furthermore, in such a case, provision must be made to guarantee procedures whereby any allegedly illegal measure taken by the review body or any alleged defect in the exercise of the powers conferred on it can be the subject of judicial review or review by another body which is a court or tribunal within the meaning of Article 177 of the EEC Treaty and independent of both the contracting authority and the review body. The members of such an independent body shall be appointed and leave office under the same conditions as members of the judiciary as regards the authority responsible for their appointment, their period of office, and their removal. At least the President of this independent body shall have the same legal and professional qualifications as members of the judiciary. The independent body shall take its decisions following a procedure in which both sides are heard, and these decisions shall, by means determined by each Member State, be legally binding. Article 3 1. The Commission may invoke the procedure for which this Article provides when, prior to a contract being concluded, it considers that a clear and manifest infringement of Community provisions in the field of public procurement has been committed during a contract award procedure falling within the scope of Directives 71/305/EEC and 77/62/EEC. 2. The Commission shall notify the Member State and the contracting authority concerned of the reasons which have led it to conclude that a clear and manifest infringement has been committed and request its correction. 3. Within 21 days of receipt of the notification referred to in paragraph 2, the Member State concerned shall communicate to the Commission: (a) its confirmation that the infringement has been corrected; or (b) a reasoned submission as to why no correction has been made; or (c) a notice to the effect that the contract award procedure has been suspended either by the contracting authority on its own initiative or on the basis of the powers specified in Article 2 (1) (a). 4. A reasoned submission in accordance with paragraph 3 (b) may rely among other matters on the fact that the alleged infringement is already the subject of judicial or other review proceedings or of a review as referred to in Article 2 (8). In such a case, the Member State shall inform the Commission of the result of those proceedings as soon as it becomes known. 5. Where notice has been given that a contract award procedure has been suspended in accordance with paragraph 3 (c), the Member State shall notify the Commission when the suspension is lifted or another contract procedure relating in whole or in part to the same subject matter is begun. That notification shall confirm that the alleged infringement has been corrected or include a reasoned submission as to why no correction has been made. Article 4 1. Not later than four years after the implementation of this Directive, the Commission, in consultation with the Advisory Committee for Public Contracts, shall review the manner in which the provisions of this Directive have been implemented and, if necessary, make proposals for amendments. 2. By 1 March each year the Member States shall communicate to the Commission information on the operation of their national review procedures during the preceding calendar year. The nature of the information shall be determined by the Commission in consultation with the Advisory Committee for Public Contracts. Article 5 Member States shall bring into force, before 1 December 1991, the measures necessary to comply with this Directive. They shall communicate to the Commission the texts of the main national laws, regulations and administrative provisions which they adopt in the field governed by this Directive. Article 6 This Directive is addressed to the Member States. Done at Brussels, 21 December 1989. For the Council The President É. CRESSON (1) OJ No C 230, 28. 8. 1987, p. 6 and OJ No C 15, 19. 1. 1989, p. 8. (2) OJ No C 167, 27. 6. 1988, p. 77 and OJ No C 323, 27. 12. 1989. (3) OJ No C 347, 22. 12. 1987, p. 23. (4) OJ No L 185, 16. 8. 1971, p. 5. (5) OJ No L 210, 21. 7. 1989, p. 1. (6) OJ No L 13, 15. 1. 1977, p. 1. (7) OJ No L 127, 20. 5. 1988, p. 1.

Summary: Awards of public contracts and concessions — public supply and public works contracts Awards of public contracts and concessions — public supply and public works contracts SUMMARY OF: Directive 89/665/EEC on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts WHAT IS THE AIM OF THE DIRECTIVE? It requires EU countries to ensure that decisions on the award of public contracts and concessions, as well as preliminary procedural decisions in that context, are reviewed quickly and effectively in the event they have infringed EU public procurement law. KEY POINTS Directive 89/665/EEC applies to public contracts in the public sector and concessions falling within the scope of the relevant substantive rules (i.e. rules that define rights and obligations). Directive 2014/23/EU (see summary) and Directive 2014/24/EU (see summary) replace Directive 2004/18/EC from 18 April 2016. EU countries must ensure that the review procedures are available at least to any person having, or having had, an interest in obtaining a particular contract and who has been, or risks being, harmed by an alleged infringement. Directive 89/665/EEC allows actions to be brought both before the contract is signed (pre-contractual remedies) and after (post-contractual remedies). Pre-contractual remedies are intended to correct the infringement of the public procurement rules in the course of the tendering procedure and, in any event, before the contract becomes effective. They include the right to interim measures, a compulsory standstill period and the requirement to suspend the award procedure whilst the appeal is being investigated to prevent the award of the contract.Post-contractual remedies aim to declare an existing contract ineffective and/or to provide compensation (mainly damages) to the affected parties after the contract in question has been awarded. FROM WHEN DOES THE DIRECTIVE APPLY? It has applied since 3 January 1990 and had to become law in the EU countries by 21 December 1991. BACKGROUND Directive 89/665/EEC was thoroughly amended by Directive 2007/66/EC. Directive 2014/23/EU introduced further amendments, mainly to extend the scope of Directive 89/665/EEC with regard to concessions under Directive 2014/23/EU and to update the references to the substantive rules for public contracts laid down in Directive 2014/24/EU. Directive 92/13/EEC (see summary) is the equivalent of Directive 89/665/EEC for public contracts in the utilities sector. It was thoroughly amended by Directive 2007/66/EC. Directive 2014/23/EU introduced further amendments for the needs of Directive 2014/25/EU (see summary). MAIN DOCUMENT Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (OJ L 395, 30.12.1989, pp. 33-35) Successive amendments to Directive 89/665/EEC have been incorporated in the original text. This consolidated version is of documentary value only. RELATED DOCUMENTS Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ L 76, 23.3.1992, pp. 14-20) See consolidated version. Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, pp. 1-64) See consolidated version. Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, pp. 65-242) See consolidated version. last update 09.01.2020


16.2.1989 EN Official Journal of the European Communities L 44/40 COUNCIL DIRECTIVE of 13 February 1989 on the obligations of branches established in a Member State of credit institutions and financial institutions having their head offices outside that Member State regarding the publication of annual accounting documents (89/117/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 54 thereof, Having regard to the proposal from the Commission (1), In cooperation with the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3) Whereas the establishment of a European internal market presupposes that the branches of credit institutions and financial institutions having their head offices in other Member States should be treated in the same way as branches of credit institutions and financial institutions having their head offices in the same Member State; whereas this means that, with regard to the publication of annual accounting documents, it is sufficient for the branches of such institutions having their head offices in other Member States to publish the annual accounting documents of their institution as a whole; Whereas, as part of a further instrument of coordination of the disclosure requirements in respect of branches, provision is made for certain documents and particulars relating to branches established in a Member State which certain types of companies governed by the law of another Member State, including banks and other financial institutions, have to publish; whereas, as regards disclosure of accounting documents, reference is made to specific provisions to be laid down for banks and other financial institutions; Whereas the present practice of some Member States of requiring the branches of credit institutions and financial institutions having their head offices outside these Member States to publish annual accounts relating to their own activities is no longer justified following the adoption of Council Directive 86/635/EEC of 8 December 1986 on the annual accounts and consolidated accounts of banks and other financial institutions (4); whereas the publication of annual branch accounts cannot in any case provide the public, and in particular creditors, with an adequate view of the financial situation of the undertaking, since part of a whole cannot be viewed in isolation; Whereas, on the other hand, in view of the present level of integration, the need for certain information on the activities of branches established in a Member State by credit institutions and financial institutions having their head offices outside that Member State cannot be disregarded; whereas, nevertheless, he extent of such information should be limited so as to prevent distortions of competition; Whereas, however, this Directive affects only disclosure requirements concerning annual accounts, and does not in any way affect the obligations of branches of credit institutions and financial institutions to provide information pursuant to other requirements, deriving, for example, from social legislation, with regard to employees' rights to information, host countries' rights of supervision over credit institutions or financial institutions and fiscal legislation and also for statistical purposes; Whereas equality of competition means, with regard to the branches of credit institutions and financial institutions having their head offices in non-member countries, that such branches must, on the one hand, in publishing annual accounting documents, adhere to a standard which is the same as, or equivalent to, that of the Community, but, on the other hand, that such branches should not have to publish annual accounts relating to their own activities if they fulfil the abovementioned condition; Whereas the equivalence, required under this Directive, of annual accounting documents of credit institutions and financial institutions having their head offices in non-member countries may lead to problems of assessment; whereas it is therefore necessary for this and other problems in the area covered by the Directive, and in particular in its implementation, to be dealt with by representatives of the Member States and of the Commission jointly in a Contact Committee; whereas, in order to keep the number of such committees within limits, such cooperation should be carried out within the framework of the Committee set up under Article 52 of Council Directive 78/660/EEC of 25 July 1978 on the annual accounts of certain types of companies (5), as last amended by Directive 84/569/EEC (6); whereas, however, where problems relating to credit institutions are to be dealt with, the Committee should be appropriately constituted, HAS ADOPTED THIS DIRECTIVE: Article 1 Scope 1. The coordination measures prescribed by this Directive shall apply to branches established in a Member State by credit institutions and financial institutions within the meaning of Article 2 (1) (a) and (b) of Directive 86/635/EEC having their head offices outside that Member State. Where a credit institution or financial institution has its head office in a non-member country, this Directive shall apply in so far as the credit institution or financial institution has a legal form which is comparable to the legal forms specified in the above-mentioned Article 2 (1) (a) and (b). 2. The third indent of Article 1 of Directive 77/780/EEC (7) shall apply mutatis mutandis to branches of credit institutions and financial institutions covered by this Directive. Article 2 Provisions relating to branches of credit institutions and financial institutions having their head offices in other Member States 1. Member States shall require branches of credit institutions and financial institutions having their head offices in other Member States to publish, in accordance with Article 44 of Directive 86/635/EEC, the credit institution or financial institution documents referred to therein (annual accounts, consolidated accounts, annual report, consolidated annual report, opinions of the person responsible for auditing the annual accounts and consolidated accounts). 2. Such documents must be drawn up and audited in the manner required by the law of the Member State in which the credit institution or financial institution has its head office in accordance with Directive 86/635/EEC. 3. Branches may not be required to publish annual accounts relating to their own activities. 4. Member States may, pending further coordination, require branches to publish the following additional information: — the income and costs of the branch deriving from items 1, 3, 4, 6, 7, 8 and 15 of Article 27 or from items A.4, A.9, B.1 to B.4 and B.7 of Article 28 of Directive 86/635/EEC, — the average number of staff employed by the branch, — the total claims and liabilities attributable to the branch, broken down into those in respect of credit institutions and those in respect of customers, together with the overall amount of such claims and liabilities expressed in the currency of the Member State in which the branch is established, — the total assets and the amounts corresponding to items 2, 3, 4, 5 and 6 of the assets, 1, 2 and 3 of the liabilities and 1 and 2 of the off-balance sheet items defined in Article 4 and parallel Articles of Directive 86/635/EEC, and, in the case of items 2,-5 and 6 of the assets, a breakdown of securities according to whether they have or have not been regarded as financial fixed assets pursuant to Article 35 of Directive 86/635/EEC. Where such information is required, its accuracy and its accordance with the annual accounts must be checked by one or more persons authorized to audit accounts under the law of the Member State in which the branch is established. Article 3 Provisions relating to branches of credit institutions and financial institutions having their head offices in non-members countries 1. Member States shall require branches of credit institutions and financial institutions having their head offices in non-member countries to publish the documents specified in Article 2 (1), drawn up and audited in the manner required by the law of the country of the head office, in accordance with the provisions set out therein. 2. Where such documents are in conformity with, or equivalent to, documents drawn up in accordance with Directive 86/635/EEC and the condition of reciprocity, for Community credit institutions and financial institutions, is fulfilled in the non-member country in which the head office is situated, Article 2 (3) shall apply. 3. In cases other than those referred to in paragraph 2, Member States may require the branches to publish annual accounts relating to their own activities. 4. In the cases specified in paragraphs 2 and 3, Member States may require branches to publish the information referred to in Article 2 (4) and the amount of the endowment capital. 5. Article 9 (1) and (3) of Directive 77/780/EEC shall apply by analogy to branches of credit institutions and financial institutions covered by this Directive. Article 4 Language of publication Member States may require that the documents provided for in this Directive be published in their official national language or languages and that translations thereof be certified. Article 5 Work of the Contact Committee The Contact Committee set up pursuant to Article 52 of Directive 78/660/EEC shall, when constituted appropriately, also: (a) facilitate, without prejudice to Articles 169 and 170 of the Treaty, harmonized application of this Directive through regular meetings dealing, in particular, with practical problems arising in connection with its application, such as assessment of equivalence of documents, and facilitate decisions concerning the comparability and equivalence of the legal forms referred to in Article 1 (1); (b) advise the Commission, if necessary, on additions or amendments to this Directive. Final provisions Article 6 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 January 1991. They shall forthwith inform the Commission thereof. 2. A Member State may provide that the provisions referred to in paragraph 1 shall apply for the first time to annual accounts for the financial year beginning on 1 January 1993 or during the calendar year 1993. 3. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive. Article 7 Five years after the date referred to in Article 6 (2), the Council, acting on a proposal from the Commission, shall examine and, upon a Commission proposal and in cooperation with the European Parliament, if need be, revise Article 2 (4), in the light of the experience acquired in applying this Directive and of the aim of eliminating the additional information referred to in Article 2 (4), taking account of the progress made in striving towards the harmonization of the accounts of banks and other financial institutions. Article 8 This Directive is addressed to the Member States. Done at Brussels, 13 February 1989. For the Council The President C. SOLCHAGA CATALAN (1) OJ No C 230, 11. 9. 1986, p. 4. (2) OJ No C 319, 30. 11. 1987, p. 64 and OJ C 290, 14. 11. 1988, p. 66. (3) OJ No C 345, 21. 12. 1987, p. 73. (4) OJ No L 372, 31. 12. 1986, p. 1. (5) OJ No L 222, 14. 8. 1978, p. 11. (6) OJ No L 314, 4. 12. 1984, p. 28. (7) OJ No L 322, 17. 12. 1977, p. 30.

Summary: Accounting documents of branches of foreign credit and financial institutions Accounting documents of branches of foreign credit and financial institutions SUMMARY OF: Directive 89/117/EEC — obligations of branches of credit and financial institutions headquartered in other EU countries in regard to publishing annual accounts WHAT IS THE AIM OF THE DIRECTIVE? It aims to remove the need for branches of foreign banks and other financial institutions whose head office is in another country (EU or non-EU) to publish separate annual accounts. KEY POINTS The directive applies to all EU branches of banks and other financial institutions whose head offices are outside the EU country where the branch is established. The directive removes the need to publish separate branch accounts. Documents which are to be published by branches of credit institutions and financial institutions whose head office is in another EU country include their annual accounts, consolidated accounts, annual report, etc. These must be published and audited as required by the law of the EU country in which the head office is located. Pending further coordination, EU countries may require branches to publish additional information such as income and costs, and the branch's total claims and liabilities. Documents to be published by branches of credit institutions and financial institutions whose head office is in a non-EU country are the same as for the branches which have their head offices in an EU country. They must be published and audited as required by the law of non-EU country. However, if the rules in question do not conform with EU accounting requirements, EU countries may require branches to publish annual accounts relating to their own activities. EU countries may require that certified translations of the documents be published in their official language(s). FROM WHEN DOES THE DIRECTIVE APPLY? It has applied since 14 January 1989. EU countries had to incorporate it into national law by 1 January 1991. MAIN DOCUMENT Council Directive 89/117/EEC of 13 February 1989 on the obligations of branches established in a Member State of credit institutions and financial institutions having their head offices outside that Member State regarding the publication of annual accounting documents (OJ L 44, 16.2.1989, pp. 40–42) last update 23.10.2017