29.12.2004 EN Official Journal of the European Union L 385/1 COUNCIL REGULATION (EC) No 2252/2004 of 13 December 2004 on standards for security features and biometrics in passports and travel documents issued by Member States THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 62(2)(a) thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Whereas: (1) The European Council of Thessaloniki, on 19 and 20 June 2003, confirmed that a coherent approach is needed in the European Union on biometric identifiers or biometric data for documents for third country nationals, European Union citizens’ passports and information systems (VIS and SIS II). (2) Minimum security standards for passports were introduced by a Resolution of the representatives of the Governments of the Member States, meeting within the Council, on 17 October 2000 (3). It is now appropriate to upgrade this Resolution by a Community measure in order to achieve enhanced harmonised security standards for passports and travel documents to protect against falsification. At the same time biometric identifiers should be integrated in the passport or travel document in order to establish a reliable link between the genuine holder and the document. (3) The harmonisation of security features and the integration of biometric identifiers is an important step towards the use of new elements in the perspective of future developments at European level, which render the travel document more secure and establish a more reliable link between the holder and the passport and the travel document as an important contribution to ensuring that it is protected against fraudulent use. The specifications of the International Civil Aviation Organisation (ICAO), and in particular those set out in Document 9303 on machine readable travel documents, should be taken into account. (4) This Regulation is limited to the harmonisation of the security features including biometric identifiers for the passports and travel documents of the Member States. The designation of the authorities and bodies authorised to have access to the data contained in the storage medium of documents is a matter of national legislation, subject to any relevant provisions of Community law, European Union law or international agreements. (5) This Regulation should lay down only such specifications that are not secret. These specifications need to be supplemented by specifications which may remain secret in order to prevent the risk of counterfeiting and falsifications. Such additional technical specifications should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (4). (6) The Commission should be assisted by the Committee established by Article 6 of Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas (5). (7) In order to ensure that the information referred to is not made available to more persons than necessary, it is also essential that each Member State should designate not more than one body having responsibility for producing passports and travel documents, with Member States remaining free to change the body, if need be. For security reasons, each Member State should communicate the name of the competent body to the Commission and the other Member States. (8) With regard to the personal data to be processed in the context of passports and travel documents, Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (6) applies. It should be ensured that no further information shall be stored in the passport unless provided for in this Regulation, its annex or unless it is mentioned in the relevant travel document. (9) In accordance with the principle of proportionality, it is necessary and appropriate for the achievement of the basic objective of introducing common security standards and interoperable biometric identifiers to lay down rules for all Member States giving effect to the Convention implementing the Schengen Agreement of 14 June 1985 (7). This Regulation does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with the third paragraph of Article 5 of the Treaty. (10) In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application. Given that this Regulation builds upon the Schengen acquis under the provisions of Title IV of Part Three of the Treaty establishing the European Community, Denmark will, in accordance with Article 5 of the said Protocol, decide within a period of six months after the Council has adopted this Regulation whether it will implement it in its national law. (11) This Regulation constitutes a development of provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (8). The United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application. (12) This Regulation constitutes a development of provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis (9). Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application. (13) As regards Iceland and Norway, this Regulation constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (10) which fall within the area referred to in Article 1(B) of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of that Agreement (11). (14) As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement signed between the European Union, the European Community and the Swiss Confederation concerning the association of the Swiss Confederation with the implementation, application and development of the Schengen acquis (12), which fall in the area referred to in Article 1(B) of Decision 1999/437/EC read in conjunction with Article 4(1) of the Council Decisions of 25 October 2004 on the signing on behalf of the European Union, and on the signing on behalf of the European Community, and on the provisional application of certain provisions of that Agreement (13), HAS ADOPTED THIS REGULATION: Article 1 1. Passports and travel documents issued by Member States shall comply with the minimum security standards set out in the Annex. 2. Passports and travel documents shall include a storage medium which shall contain a facial image. Member States shall also include fingerprints in interoperable formats. The data shall be secured and the storage medium shall have sufficient capacity and capability to guarantee the integrity, the authenticity and the confidentiality of the data. 3. This Regulation applies to passports and travel documents issued by Member States. It does not apply to identity cards issued by Member States to their nationals or to temporary passports and travel documents having a validity of 12 months or less. Article 2 Additional technical specifications for passports and travel documents relating to the following shall be established in accordance with the procedure referred to in Article 5(2): (a) additional security features and requirements including enhanced anti-forgery, counterfeiting and falsification standards; (b) technical specifications for the storage medium of the biometric features and their security, including prevention of unauthorised access; (c) requirements for quality and common standards for the facial image and the fingerprints. Article 3 1. In accordance with the procedure referred to in Article 5(2) it may be decided that the specifications referred to in Article 2 shall be secret and not be published. In that case, they shall be made available only to the bodies designated by the Member States as responsible for printing and to persons duly authorised by a Member State or the Commission. 2. Each Member State shall designate one body having responsibility for printing passports and travel documents. It shall communicate the name of that body to the Commission and the other Member States. The same body may be designated by two or more Member States. Each Member State shall be entitled to change its designated body. It shall inform the Commission and the other Member States accordingly. Article 4 1. Without prejudice to data protection rules, persons to whom a passport or travel document is issued shall have the right to verify the personal data contained in the passport or travel document and, where appropriate, to ask for rectification or erasure. 2. No information in machine-readable form shall be included in a passport or travel document unless provided for in this Regulation, or its Annex, or unless it is mentioned in the passport or travel document by the issuing Member State in accordance with its national legislation. 3. For the purpose of this Regulation, the biometric features in passports and travel documents shall only be used for verifying: (a) the authenticity of the document; (b) the identity of the holder by means of directly available comparable features when the passport or other travel documents are required to be produced by law. Article 5 1. The Commission shall be assisted by the Committee set up by Article 6(2) of Regulation (EC) No 1683/95. 2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply. The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at two months. 3. The Committee shall adopt its rules of procedure. Article 6 This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union. Member States shall apply this Regulation: (a) as regards the facial image: at the latest 18 months (b) as regards fingerprints: at the latest 36 months following the adoption of the measures referred to in Article 2. However, the validity of passports and travel documents already issued shall not be affected. This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community. Done at Brussels, 13 December 2004. For the Council The President B. R. BOT (1) OJ C 98, 23.4.2004, p. 39. (2) Opinion of 2.12.2004 (not yet published in the Official Journal). (3) OJ C 310, 28.10.2000, p. 1. (4) OJ L 184, 17.7.1999, p. 23. (5) OJ L 164, 14.7.1995, p. 1. Regulation as last amended by the 2003 Act of Accession. (6) OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1). (7) OJ L 239, 22.9.2000, p. 19. Convention at last amended by Regulation (EC) No 871/2004 (OJ L 162, 30.4.2004, p. 29). (8) OJ L 131, 1.6.2000, p. 43. (9) OJ L 64, 7.3.2002, p. 20. (10) OJ L 176, 10.7.1999, p. 36. (11) OJ L 176, 10.7.1999, p. 31. (12) Council document 13054/04 accessible on: http://register.consilium.eu.int (13) Council document 13464/04 and 13466/04 accessible on: http://register.consilium.eu.int ANNEX MINIMUM SECURITY STANDARDS OF PASSPORTS AND TRAVEL DOCUMENTS ISSUED BY THE MEMBER STATES Introduction This Annex lays down the minimum level of security that the Member States’ passports and travel documents are required to provide. The provisions in this Annex are concerned primarily with the biographical data page. The generic security features also apply to the other parts of passports and travel documents. The biographical data page may consist of various basic materials. This Annex specifies the minimum level of security for the specific material that is used. 1. Material The paper used for those sections of the passport or travel document giving personal particulars or other data shall meet the following minimum requirements: — no optical brighteners, — duotone watermarks, — security reagents to guard against attempts at tampering by chemical erasure, — coloured fibres (partly visible and partly fluorescent under UV light, or invisible and fluorescent in at least two colours), — UV-fluorescent planchettes are recommended (mandatory for stickers), — the use of security thread is recommended. If the biographical data page is in sticker form, the watermark in the paper used for that page may be dispensed with. The watermark may also be dispensed with in the paper used for the inside of the passport or travel document covers. Security reagents are required on the inside covers only if data are entered there. Stitching thread should be protected against substitution. If a card for inserting personal data in the passport or travel document is made entirely of a synthetic substrate, it is not usually possible to incorporate the authentication marks used in passport or travel document paper. In the case of stickers and cards, the lack of marks in the materials shall be compensated for by measures in respect of security printing, use of an anti copying device, or an issuing technique according to sections 3, 4 and 5 over and above the following minimum standards. 2. Biographical data page The passport or travel document shall contain a machine-readable biographical data page, which shall comply with Part 1 (machine-readable passports) of ICAO Document 9303 and the way they are issued shall comply with the specifications for machine-readable passports set out therein. The portrait of the holder shall also appear on this page and shall not be affixed but integrated into the material of the biographical data page by the issuing techniques referred to in Section 5. The biographical data shall be entered on the page following the title page in the passport or travel document. In any event, an inside cover page must no longer be used for biographical data. The layout of the biographical data page shall be such that it is distinguishable from the other pages. 3. Printing techniques The following printing techniques shall be used: A. Background printing: — two-tone guilloches or equivalent structures, — rainbow colouring, where possible fluorescent, — UV-fluorescent overprinting, — effective anti-counterfeiting and anti-falsification motifs (especially on the biographical data page) with optional use of microprinting, — reagent inks must be used on paper passport or travel document pages and stickers, — if the paper of the passport or travel document is well protected against attempts at tampering, the use of reagent inks is optional. B. Form printing With integrated microprinting (unless already included in background printing). C. Numbering On all pages inside the passport or travel document a unique document number should be printed (where possible with a special style of figures or typeface and in UV-fluorescent ink), or perforated or, in passport cards, a unique document number should be integrated using the same technique as for the biographical data. It is recommended that in passport cards the unique document number is visible on both sides of the card. If a sticker is used for biographical data the unique document number should be printed using fluorescent ink, and a special style of figures or typeface is obligatory. If stickers or non-laminated paper inside pages are used for biographical data, intaglio printing with latent image effect, microtext and ink with optically variable properties and a DOVID (diffractive optically variable image device) shall also be employed. Additional optically variable security devices shall also be used on passport cards made entirely of a synthetic substrate, at least through the use of a DOVID or equivalent measures. 4. Protection against copying An optically variable (OVD) or equivalent device, which provides for the same level of identification and security as currently used in the uniform format for visas, shall be used on the biographical data page and shall take the form of diffractive structures which vary when viewed from different angles (DOVID) incorporated into the hot-sealed or an equivalent laminate (as thin as possible) or applied as an OVD overlay, or, on stickers or a non-laminated paper inside page, as metallised or partially de-metallised OVD (with intaglio overprinting) or equivalent devices. The OVD devices should be integrated into the document as an element of a layered structure, effectively protecting against forgery and falsification. In documents made of paper, they should be integrated over as wide a surface as possible as an element of the hot-sealed or an equivalent laminate (as thin as possible) or applied as a security overlay, as described in section 5. In documents made of a synthetic substrate, they should be integrated in the card layer over as wide a surface as possible. If a synthetic card is personalised by laser engraving, and an optically variable laser written device is incorporated therein, the diffractive OVD shall be applied at least in the form of a positioned metallised or transparent DOVID, to achieve enhanced protection against reproduction. If a biographical data page is made of a synthetic substrate with paper core, the diffractive OVD shall be applied at least in the form of a positioned metallised or transparent DOVID, to achieve enhanced protection against reproduction. 5. Issuing technique To ensure that passport or travel document data are properly secured against attempts at counterfeiting and falsification, biographical data including the holder’s portrait, the holder's signature and main issue data shall be integrated into the basic material of the document. Conventional methods of attaching the photograph shall no longer be used. The following issuing techniques may be used: — laser printing, — thermotransfer, — ink-jet printing, — photographic, — laser-engraving that effectively penetrates into the card layers bearing the security characteristics. To ensure that biographical and issue data are adequately protected against attempts at tampering, hot-seal or equivalent lamination (as thin as possible) with an anti-copying device is compulsory where laser printing, thermo-transfer or photographic techniques are used. Travel documents shall be issued in machine-readable form. The layout of the biographical data page shall follow the specifications given in part 1 of ICAO Document 9303, and the issuing procedures shall meet the specifications it sets for machine-readable documents.

Summary: Integration of biometric features in passports and travel documents Integration of biometric features in passports and travel documents SUMMARY OF: Regulation (EC) No 2252/2004 on standards for security features and biometrics in passports and travel documents issued by EU countries WHAT IS THE AIM OF THE REGULATION? It seeks to harmonise the security features, including biometric identifiers*, for EU country passports and travel documents to protect against their falsification. It was amended by Regulation (EC) No 444/2009 in 2009 mainly to define exceptions for children under 6 and for people who are physically unable to give fingerprints for travel documents. KEY POINTS The biometric features in passports and travel documents will be used only for verifying the authenticity of the document and the identity of the holder, who will have the right to verify the personal data contained in the passport or travel document and, where appropriate, to ask for rectification or erasure. The collection and storage of biometric data will be exclusively for the purpose of issuing passports and travel documents. Passports and travel documents must include a high-security storage medium(chip) for memorising digital data and have sufficient capacity to guarantee the integrity, authenticity and confidentiality of that data. The storage medium contains a facial image and two fingerprints taken flat(rather than rolling individual fingers, nail to nail). These data, which must be in interoperable formats, must be secured. EU countries designate the authorities and bodies authorised to have access to the data contained in the storage medium of documents under their national legislation, subject to any relevant provisions of EU law or international agreements. To ensure that the classified information on security features and production details are not made available to more parties than necessary, each EU country designates one body to be responsible for producing passports and travel documents. EU countries remain free to change that body, if required. For security reasons, each EU country communicates the name of the competent body to the European Commission and the other EU countries. The minimum security standards with which passports and travel documents issued by EU countries must comply are set out in the annex to the regulation. These are specifications that are not secret. These specifications are supplemented by specifications which may remain secret in order to prevent the risk of counterfeiting and falsifications. These additional specifications are adopted by means of implementing acts by the Commission, are in accordance with international standards, and relate to: further security features; the storage medium and its security; common quality requirements for the facial image and the fingerprints. In 2018, the Commission adopted an implementing decision laying down the technical specifications regarding the standards for security features and biometrics in passports and travel documents which repealed and replaced similar earlier decisions. Under amending Regulation (EC) No 444/2009, children under 12 (provisional age limit) and persons for whom it is physically impossible, are exempted from fingerprinting. Only qualified and duly authorised staff of national authorities who are responsible for issuing passports and travel documents may take biometric identifiers. Passports and travel documents must be issued as individual documents in accordance with international requirements. Under the provisions of the Schengen body of law (acquis), Denmark, the United Kingdom and Ireland did not take part in this regulation and so were not bound by it. Denmark, however, decided to implement it in its national law. Iceland, Norway, Switzerland and Liechtenstein, although not part of the EU, will be involved in implementing the regulation.The regulation does not apply to identity cards issued by EU countries to their nationals or to temporary passports and travel documents valid for 12 months or less. FROM WHEN DOES THE REGULATION APPLY? EU countries had to apply this regulation: as regards the facial image by 28 August 2006; as regards fingerprints by 28 June 2009. BACKGROUND For more information, see: Document security (European Commission). KEY TERMS Biometric identifiers: personal data resulting from specific technical processing relating to the physical, physiological or behavioural characteristics of an individual, which allows or confirms the unique identification of that person, such as facial images or fingerprint data. MAIN DOCUMENT Council Regulation (EC) No 2252/2004 of 13 December 2004 on standards for security features and biometrics in passports and travel documents issued by Member States (OJ L 385, 29.12.2004, pp. 1-6) Successive amendments to Regulation (EC) No 2252/2004 have been incorporated into the original text. This consolidated version is of documentary value only. RELATED DOCUMENTS Commission Implementing Decision of 30.11.2018 laying down the technical specifications regarding the standards for security features and biometrics in passports and travel documents issued by Member States and repealing Decisions C(2006) 2909 and C(2008) 8657 (C(2018) 7774 final, 30.11.2018) last update 08.01.2020


3.8.2004 EN Official Journal of the European Union L 256/17 COUNCIL DECISION of 19 July 2004 establishing Regional Advisory Councils under the Common Fisheries Policy (2004/585/EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof, Having regard to the proposal of the Commission, Having regard to the opinion of the European Parliament (1), Having regard to the opinion of the European Economic and Social Committee (2), Whereas: (1) Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (3) and in particular Articles 31 and 32 thereof, provides for new forms of participation by stakeholders in the Common Fisheries Policy through the establishment of Regional Advisory Councils. (2) A consistent approach to the establishment of Regional Advisory Councils requires that they correspond to management units based on biological criteria and that they are limited in number in order to offer meaningful advice and for practical reasons. (3) Since Regional Advisory Councils are stakeholder-led organisations, they should adapt their structure to the specific characteristics of the fisheries and regions concerned. Nevertheless, a general framework is necessary for the establishment of the Regional Advisory Councils. (4) In the interests of efficiency, it is necessary to limit the size of Regional Advisory Councils whilst ensuring that they include all the interests affected by the Common Fisheries Policy and while recognising the primacy of fishing interests given the effects on them of management decisions and policies. (5) In order to ensure consistency on issues of common interest to more than one Regional Advisory Council, it is essential to establish links between the different Regional Advisory Councils. (6) In view of the tasks of the Advisory Committee on Fisheries and Aquaculture renewed by Commission Decision 1999/478/EC (4), which is composed of representatives of a wide range of European organisations and interests, the work of the Regional Advisory Councils should be coordinated with that of the said Committee, to which they should also send their reports. (7) In order to ensure the effective establishment of the Regional Advisory Councils, it is essential that public funds contribute to their costs in the start-up phase and to interpretation and translation costs. (8) A financial reference amount, within the meaning of point 34 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure (5), is included in this Decision for the entire duration of the financing provisions, without thereby affecting the powers of the budgetary authority as they are defined by the Treaty, HAS DECIDED AS FOLLOWS: Article 1 Definitions For the purposes of this Decision the following definitions shall apply: 1. ‘Member State concerned’ shall mean a Member State having a fishing interest in the area or fisheries covered by a Regional Advisory Council; 2. ‘Fisheries sector’ shall mean the catching sub-sector, including shipowners, small-scale fishermen, employed fishermen, producer organisations as well as, amongst others, processors, traders and other market organisations and women's networks; 3. ‘Other interest groups’ shall mean, amongst others, environmental organisations and groups, aquaculture producers, consumers and recreational or sport fishermen. Article 2 Establishment of Regional Advisory Councils 1. A Regional Advisory Council is established for each of the following: (a) the Baltic Sea; (b) the Mediterranean Sea; (c) the North Sea; (d) north-western waters; (e) south-western waters; (f) pelagic stocks; (g) high seas/long distance fleet. 2. The geographical areas covered by each Regional Advisory Council are set out in Annex I. Each Regional Advisory Council may create subdivisions to deal with issues that cover specific fisheries and biological regions. Article 3 Procedure 1. Representatives of the fisheries sector and other interest groups with an interest in one of the Regional Advisory Councils shall submit a request concerning the operation of that Regional Advisory Council to the Member States concerned and to the Commission. The request shall be compatible with the objectives, principles and guidelines of the Common Fisheries Policy as set out in Regulation (EC) No 2371/2002 and shall include: (a) a statement of objectives; (b) operating principles; (c) initial rules of procedure; (d) the budget estimate; (e) a provisional list of organisations. 2. The Member States concerned shall determine whether the application is representative and in accordance with the provisions laid down in this Decision, if necessary following discussions with stakeholder interests, and shall, by common agreement, transmit a recommendation to the Commission on that Regional Advisory Council. 3. After evaluation of the recommendation and possible amendments to the request, the Commission shall adopt a decision as soon as possible and in any event shall aim to adopt it at the latest within three months, specifying the date from which the Regional Advisory Council shall become operational. The decision shall be published in the Official Journal of the European Union. Article 4 Structure 1. Each Regional Advisory Council shall consist of a general assembly and an executive committee. 2. The general assembly shall meet at least once a year to approve the annual report and the annual strategic plan drawn up by the executive committee. 3. The general assembly shall appoint an executive committee of up to 24 members. The executive committee shall manage the work of the Regional Advisory Council and adopt its recommendations. Article 5 Membership 1. The Regional Advisory Councils shall be composed of representatives from the fisheries sector and other interest groups affected by the Common Fisheries Policy. 2. European and national organisations representing the fisheries sector and other interest groups may propose members to the Member States concerned. These Member States shall agree on the members of the general assembly. 3. In the general assembly and executive committee, two thirds of the seats shall be allotted to representatives of the fisheries sector and one third to representatives of the other interest groups affected by the Common Fisheries Policy. 4. At least one representative of the catching subsector from each Member State concerned shall be represented in the executive committee. Article 6 Participation by non-members 1. Scientists from institutes of the Member States concerned or international bodies shall be invited to participate as experts in the work of the Regional Advisory Councils. Any other qualified scientist may also be invited. 2. The Commission and national and regional administrations of the Member States concerned shall have the right to participate at any meeting of a Regional Advisory Council as active observers. 3. A representative of the Advisory Committee on Fisheries and Aquaculture shall have the right to participate at any meeting of a Regional Advisory Council as an active observer. 4. Representatives of the fisheries sector and other interest groups from third countries, including representatives from Regional Fisheries Organisations, that have a fishing interest in the area or fisheries covered by a Regional Advisory Council may be invited to participate in that Regional Advisory Council as active observers when issues which affect them are discussed. 5. The meetings of the general assembly shall be open to the public. The meetings of the executive committee shall be open to the public unless, in exceptional cases, decided otherwise by a majority of the executive committee. Article 7 Functioning 1. Regional Advisory Councils shall adopt the measures necessary for their organisation including, as appropriate, a secretariat and working groups. 2. Regional Advisory Councils shall adopt the necessary measures to ensure transparency in all stages of their decision-making process. Recommendations adopted by the executive committee shall be made available immediately to the general assembly, the Commission, Member States concerned and, upon request, to any member of the public. 3. The members of the executive committee shall, where possible, adopt recommendations by consensus. If no consensus can be reached, dissenting opinions expressed by members shall be recorded in the recommendations adopted by the majority of the members present and voting. Upon receipt in writing of the recommendations, the Commission and, where relevant, the Member States concerned shall reply precisely to them within a reasonable time period and, at the latest, within three months. 4. Each Regional Advisory Council shall designate a chairperson by consensus. The chairperson shall act impartially. 5. The Member States concerned shall provide the appropriate support, including logistical help, to facilitate the functioning of a Regional Advisory Council. Article 8 Coordination between Regional Advisory Councils If an issue is of common interest to two or more Regional Advisory Councils, they shall coordinate their positions with a view to adopting joint recommendations on that issue. Article 9 Financing 1. A Regional Advisory Council which has acquired a legal personality may apply for Community financial aid. 2. Community start-up aid may be granted for the operating expenditure of a Regional Advisory Council during its first five years in accordance with the conditions set out in Annex II, Part 1. 3. Community aid may be granted for the interpretation and translation costs of the meetings of the Regional Advisory Councils as set out in Annex II Part 2. 4. The financial reference amount for the implementation of this action for the period 2004 to 2011 shall be EUR 7 596 000. For the period following 31 December 2006, the amount shall be deemed to be confirmed if it is consistent for this phase with the financial perspectives in force for the period commencing in 2007. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective. Article 10 Annual report and audit 1. Each Regional Advisory Council shall transmit an annual report of its activities to the Commission, the Member States concerned and the Advisory Committee on Fisheries and Aquaculture before 31 March of the year following the year covered by the report. 2. The Commission or the Court of Auditors may, at any time, arrange for an audit to be carried out either by an outside body of its choice or by the Commission or the Court of Auditors departments themselves. 3. Each Regional Advisory Council shall appoint a certified auditor for the period during which it benefits from Community funds. Article 11 Review Three years following the date on which the last Regional Advisory Council becomes operational, or, at the latest by 30 June 2007, the Commission shall report to the European Parliament and the Council on the implementation of this Decision and the functioning of the Regional Advisory Councils. Article 12 Entry into force This Decision shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union. Done at Brussels, 19 July 2004. For the Council The President C. VEERMAN (1) Opinion delivered on 1 April 2004 (not yet published in the Official Journal). (2) Opinion delivered on 26 February 2004 (not published in the Official Journal). (3) OJ L 358, 31.12.2002, p. 59. Regulation as last amended by Regulation (EC) No 1242/2004 (OJ L 236, 7.7.2004, p. 1). (4) OJ L 187, 20.7.1999, p. 70. (5) OJ C 172, 18.6.1999, p. 1. Agreement as last amended by Decision of the European Parliament and of the Council 2003/429/EC (OJ L 147, 14.6.2003, p. 25). ANNEX I Regional Advisory Councils referred to in Article 2 Name of the Regional Advisory Council ICES areas, CECAF divisions (1) and General Fisheries Commission for the Mediterranean Baltic Sea IIIb, IIIc and IIId Mediterranean Sea Maritime Waters of the Mediterranean of the East of line 5°36' West North Sea IV, IIIa North Western waters V (excluding Va and only EC waters in Vb), VI, VII South Western waters VIII, IX and X (waters around Azores), and CECAF divisions 34.1.1, 34.1.2 and 34.2.0 (waters around Madeira and the Canary Islands) Pelagic stocks (blue whiting, mackerel, horse mackerel, herring) All areas (excluding the Baltic Sea and the Mediterranean Sea) High seas/long distance fleet All non EC-waters (1) For the purposes of this Decision, ICES areas are as defined in Regulation (EEC) No 3880/91 (OJ L 365, 31.12.1991, p. 1), Regulation as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1) and CECAF Divisions are as defined in Regulation (EC) No 2597/95 (OJ L 270, 13.11.1995, p. 1). Regulation as last amended by Regulation (EC) No 1882/2003. ANNEX II Costs incurred by the Regional Advisory Councils Part 1 Contribution towards the start-up costs of the Regional Advisory Councils (RACs) The Community will contribute part of the operating costs from the year of their establishment for a maximum of five years. The amount allocated to each RAC for operating costs will not exceed 90 % of its operating budget and may not exceed 200 000 EUR in the first year. In the four following years, the maximum financial contribution will be degressive (1) and depend on the budget available. The Commission will conclude with each RAC and for each year an ‘operating grant agreement’ which will set the precise terms and conditions and the procedure for the grant of financing. Only the actual expenses will be subject to the Community contribution, which will be granted on condition that the other sources of financing have been allocated. The eligible costs will consist of the costs necessary to ensure the normal operation of the RACs and enable them to pursue their aims. The following direct costs will be eligible: — personnel expenses (cost of personnel per day of work on the project), — new or used equipment, — materials and supplies, — dissemination of information to members, — travel and accommodation expenses of experts attending RAC meetings (based on scales or rules laid down by the Commission departments), — audits, — a contingency reserve of not more than 5 % of eligible direct costs. Part 2 Interpretation and translation costs The Commission will conclude with each RAC and for each year an action grant agreement of up to 50 000 EUR which will set the precise terms and conditions and the procedure for the grant of financing. (1) First year: 200 000 EUR (90 %), second year: 165 000 EUR (75 %), third year: 132 000 EUR (60 %), fourth year: 121 000 EUR (55 %), fifth year: 110 000 EUR (50 %).

Summary: Regional Advisory Councils Regional Advisory Councils The establishment of Regional Advisory Councils (RACs), a mainstay of the reform of the common fisheries policy (CFP), seeks to involve stakeholders in the fisheries sector more closely in the decision-making process in this field. Through these ongoing forums, all the parties concerned will be able to maintain a dialogue and cooperate in the development and implementation of the CFP. ACT Council Decision 2004/585/EC of 19 July 2004 establishing Regional Advisory Councils under the Common Fisheries Policy [See amending acts]. SUMMARY By this Decision, the Council intends to adopt a general framework for establishing Regional Advisory Councils (RACs) in order to encourage participation by the fisheries sector * in the formulation and management of the common fisheries policy (CFP). Within that context, the parties concerned may make recommendations and suggestions to the Commission and the competent national authorities regarding the geographical areas covered by an RAC. Establishment The RACs consist of management units based on biological criteria. They cover sea areas which are the concern of at least two Member States. An RAC is therefore established for: the Baltic Sea; the Mediterranean Sea; the North Sea; north-western waters; south-western waters; pelagic stocks; the high seas/long distance fleet. Where a matter is of interest to various RACs, they will coordinate their positions and adopt joint recommendations on that issue. Establishment procedure In order to establish an RAC, the stakeholders must submit a properly documented request to the Member States concerned * and the Commission. If the Member States consider the request to be compatible with this Decision, they will send a recommendation on the RAC to the Commission. The latter, after evaluation of the recommendation and any necessary amendment to the request, will adopt a decision specifying the date on which the RAC will become operational. Structure and composition Each RAC will consist of a general assembly and an executive committee. The general assembly will approve each year the annual report and the annual strategic plan drawn up by the executive committee. The general assembly will appoint an executive committee of up to 24 members, which will manage the work of the RAC and adopt its recommendations. The RACs will consist of representatives of the fisheries sector and other interest groups * affected by the CFP. These will be proposed by the organisations representing the fisheries sector and other interest groups to the Member States concerned who will select all the members of the general assembly. Scientists will be invited to participate as experts in the work of the RACs. The following may also participate as active observers: the Commission; national and regional administrations of the Member States concerned; a representative of the Advisory Committee on Fisheries and Aquaculture (ACFA); representatives of the fisheries sector and other interest groups from third countries on an invitation from the RAC. Functioning RACs will adopt the measures necessary for their organisation. They may, for example, establish a secretariat and working groups. They will adopt the measures necessary to ensure transparency at all stages of the decision-making process. Their meetings will, in principle, be open to the public, save in exceptional cases. The members of the executive committee will, where possible, adopt recommendations by consensus. Financing RACs may receive Community aid to cover their operating costs, including translation and interpretation. The Financial Regulation provides for such aid for bodies pursuing a European general interest objective. As regards the procedure, the Commission signs grant agreements with the RACs and may carry out checks to ensure that their expenditure matches the tasks they are supposed to perform. Key terms used in the act Fisheries sector: this includes the sub-sectors fishermen, producer organisations, processors, traders and other market organisations, and women's groups. Member State concerned: any Member State having fishing interests in the area or fisheries covered by a Regional Advisory Council. Other interest groups: amongst others, environmental organisations and groups, aquaculture producers, consumers and representatives of recreational or sport fishing. References Act Entry into force Deadline for transposition in the Member States Official Journal Decision 2004/585/EC 10.8.2004 - OJ L 256 of 3.8.2004 Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal Decision 2007/409/EC 22.6.2007 - OJ L 155 of 15.6.2007 RELATED ACTS Commission Decision 2008/695/EC of 29 August 2008 declaring operational the Regional Advisory Council for Mediterranean Sea under the Common Fisheries Policy [Official Journal L 232 of 30.8.2008]. Commission Decision 2007/222/EC of 4 April 2007 declaring operational the Regional Advisory Council for the south-western waters under the common fisheries policy [Official Journal L 95 of 5.4.2007]. Commission Decision 2007/206/EC of 29 March 2007 declaring operational the Regional Advisory Council for the High Seas/Long Distance Fleet under the common fisheries policy [Official Journal L 91 of 31.3.2007]. Commission Decision 2006/191/EC of 1 March 2006 declaring operational the Regional Advisory Council for the Baltic Sea under the common fisheries policy [Official Journal L 66 of 8.3.2006]. Commission Decision 2005/668/EC of 22 September 2005 declaring operational the Regional Advisory Council for the north-western waters under the common fisheries policy [Official Journal L 249 of 24.9.2005]. Commission Decision 2005/606/EC of 5 August 2005 declaring operational the Regional Advisory Council for pelagic stocks under the common fisheries policy [Official Journal L 206 of 9.8.2005]. Commission Decision 2004/774/EC of 9 November 2004 declaring operational the Regional Advisory Council for the North Sea under the common fisheries policy [Official Journal L 342 of 18.11.2004]. Last updated: 19.11.2010


EUR-Lex - 32004D0003(01) - EN Avis juridique important | 32004D0003(01) 2004/258/EC: Decision of the European Central Bank of 4 March 2004 on public access to European Central Bank documents (ECB/2004/3) Official Journal L 080 , 18/03/2004 P. 0042 - 0044 Decision of the European Central Bankof 4 March 2004on public access to European Central Bank documents(ECB/2004/3)(2004/258/EC)THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular to Article 12.3 thereof,Having regard to the Rules of Procedure of the European Central Bank(1), and in particular to Article 23 thereof,Whereas:(1) The second subparagraph of Article 1 of the Treaty on European Union enshrines the concept of openness, stating that the Treaty marks a new stage in the process of creating an ever closer union among the peoples of Europe, in which decisions are taken as openly as possible and as closely as possible to the citizen. Openness enhances the administration's legitimacy, effectiveness and accountability, thus strengthening the principles of democracy.(2) In the Joint Declaration(2) relating to Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents(3), the European Parliament, the Council and the Commission call on the other institutions and bodies of the Union to adopt internal rules on public access to documents which take account of the principles and limits set out in the Regulation. The regime on public access to ECB documents as laid down in Decision ECB/1998/12 of 3 November 1998 concerning public access to documentation and the archives of the European Central Bank(4) should be revised accordingly.(3) Wider access should be granted to ECB documents, while at the same time protecting the independence of the ECB and of the national central banks (NCBs) foreseen by Article 108 of the Treaty and Article 7 of the Statute, and the confidentiality of certain matters specific to the performance of the ECB's tasks. In order to safeguard the effectiveness of its decision-making process, including its internal consultations and preparations, the proceedings of the meetings of the ECB's decision-making bodies are confidential, unless the relevant body decides to make the outcome of its deliberations public.(4) However, certain public and private interests should be protected by way of exceptions. Furthermore, the ECB needs to protect the integrity of euro banknotes as a means of payment including, without limitation, the security features against counterfeiting, the technical production specifications, the physical security of stocks and the transportation of euro banknotes.(5) When NCBs handle requests for ECB documents that are in their possession, they should consult the ECB in order to ensure the full application of this Decision unless it is clear whether or not the document may be disclosed.(6) In order to bring about greater openness, the ECB should grant access not only to documents drawn up by it, but also to documents received by it while at the same time preserving the right for the third parties concerned to express their positions with regard to access to documents originating from those parties.(7) In order to ensure that good administrative practice is respected, the ECB should apply a two-stage procedure,HAS DECIDED AS FOLLOWS:Article 1PurposeThe purpose of this Decision is to define the conditions and limits according to which the ECB shall give public access to ECB documents and to promote good administrative practice on public access to such documents.Article 2Beneficiaries and scope1. Any citizen of the Union, and any natural or legal person residing or having its registered office in a Member State, has a right of access to ECB documents, subject to the conditions and limits defined in this Decision.2. The ECB may, subject to the same conditions and limits, grant access to ECB documents to any natural or legal person not residing or not having its registered office in a Member State.3. This Decision shall be without prejudice to rights of public access to ECB documents which might follow from instruments of international law or acts which implement them.Article 3DefinitionsFor the purpose of this Decision:(a) "document" and "ECB document" shall mean any content whatever its medium (written on paper or stored in electronic form or as a sound, visual or audiovisual recording) drawn up or held by the ECB and relating to its policies, activities or decisions, as well as documents originating from the European Monetary Institute (EMI) and from the Committee of Governors of the central banks of the Member States of the European Economic Community (Committee of Governors);(b) "third party" shall mean any natural or legal person, or any entity outside the ECB.Article 4Exceptions1. The ECB shall refuse access to a document where disclosure would undermine the protection of:(a) the public interest as regards:- the confidentiality of the proceedings of the ECB's decision-making bodies,- the financial, monetary or economic policy of the Community or a Member State,- the internal finances of the ECB or of the NCBs,- protecting the integrity of euro banknotes,- public security,- international financial, monetary or economic relations;(b) the privacy and the integrity of the individual, in particular in accordance with Community legislation regarding the protection of personal data;(c) the confidentiality of information that is protected as such under Community law.2. The ECB shall refuse access to a document where disclosure would undermine the protection of:- the commercial interests of a natural or legal person, including intellectual property,- court proceedings and legal advice,- the purpose of inspections, investigations and audits,unless there is an overriding public interest in disclosure.3. Access to a document containing opinions for internal use as part of deliberations and preliminary consultations within the ECB or with NCBs shall be refused even after the decision has been taken, unless there is an overriding public interest in disclosure.4. As regards third-party documents, the ECB shall consult the third party concerned with a view to assessing whether an exception in this Article is applicable, unless it is clear that the document shall or shall not be disclosed.5. If only parts of the requested document are covered by any of the exceptions, the remaining parts of the document shall be released.6. The exceptions as laid down in this Article shall only apply for the period during which protection is justified on the basis of the content of the document. The exceptions may apply for a maximum period of 30 years unless specifically provided otherwise by the ECB's Governing Council. In the case of documents covered by the exceptions relating to privacy or commercial interests, the exceptions may continue to apply after this period.Article 5Documents at the NCBsDocuments that are in the possession of an NCB and have been drawn up by the ECB as well as documents originating from the EMI or the Committee of Governors may be disclosed by the NCB only subject to prior consultation of the ECB concerning the scope of access, unless it is clear that the document shall or shall not be disclosed.Alternatively the NCB may refer the request to the ECB.Article 6Applications1. An application for access to a document shall be made to the ECB(5) in any written form, including electronic form, in one of the official languages of the Union and in a sufficiently precise manner to enable the ECB to identify the document. The applicant is not obliged to state the reasons for the application.2. If an application is not sufficiently precise, the ECB shall ask the applicant to clarify the application and shall assist the applicant in doing so.3. In the event of an application relating to a very long document or to a very large number of documents, the ECB may confer with the applicant informally, with a view to finding a fair solution.Article 7Processing of initial applications1. An application for access to a document shall be handled promptly. An acknowledgement of receipt shall be sent to the applicant. Within 20 working days from the receipt of the application, or on receipt of the clarifications requested in accordance with Article 6(2), the Director General Secretariat and Language Services of the ECB shall either grant access to the document requested and provide access in accordance with Article 9 or, in a written reply, state the reasons for total or partial refusal and inform the applicant of their right to make a confirmatory application in accordance with paragraph 2.2. In the event of total or partial refusal, the applicant may, within 20 working days of receiving the ECB's reply, make a confirmatory application asking the ECB's Executive Board to reconsider its position. Furthermore, failure by the ECB to reply within the prescribed 20 working days' time limit for handling the initial application shall entitle the applicant to make a confirmatory application.3. In exceptional cases, for example in the event of an application relating to a very long document or to a very large number of documents, or if the consultation of a third party is required, the ECB may extend the time limit provided for in paragraph 1 by 20 working days, provided that the applicant is notified in advance and that detailed reasons are given.4. Paragraph 1 shall not apply in case of excessive or unreasonable applications, in particular when they are of a repetitive nature.Article 8Processing of confirmatory applications1. A confirmatory application shall be handled promptly. Within 20 working days from the receipt of such application, the Executive Board shall either grant access to the document requested and provide access in accordance with Article 9 or, in a written reply, state the reasons for the total or partial refusal. In the event of a total or partial refusal, the ECB shall inform the applicant of the remedies open to them in accordance with Articles 230 and 195 of the Treaty.2. In exceptional cases, for example in the event of an application relating to a very long document or to a very large number of documents, the ECB may extend the time limit provided for in paragraph 1 by 20 working days, provided that the applicant is notified in advance and that detailed reasons are given.3. Failure by the ECB to reply within the prescribed time limit shall be considered to be a negative reply and shall entitle the applicant to institute court proceedings and/or submit a complaint to the European Ombudsman, under Articles 230 and 195 of the Treaty, respectively.Article 9Access following an application1. Applicants may consult documents to which the ECB has granted access either at its premises or by receiving a copy, including, where available, an electronic copy. The costs of producing and sending copies may be charged to the applicant. This charge shall not exceed the real cost of producing and sending the copies. Consultation on the spot, copies of less than 20 A4 pages and direct access in electronic form shall be free of charge.2. If a document has already been released by the ECB and is easily accessible, the ECB may fulfil its obligation of granting access to it by informing the applicant how to obtain the requested document.3. Documents shall be supplied in an existing version and format (including electronically or in an alternative format) as requested by the applicant.Article 10Reproduction of documents1. Documents released in accordance with this Decision shall not be reproduced or exploited for commercial purposes without the ECB's prior specific authorisation. The ECB may withhold such authorisation without stating reasons.2. This Decision shall be without prejudice to any existing rules on copyright which may limit a third party's right to reproduce or exploit released documents.Article 11Final provisionsThis Decision shall enter into force on the day following its publication in the Official Journal of the European Union.Decision ECB/1998/12 shall be repealed.Done at Frankfurt am Main, 4 March 2004.The President of the ECBJean-Claude Trichet(1) Decision ECB/2004/2 of 19 February 2004 adopting the Rules of Procedure of the European Central Bank. See page 33 of this Official Journal.(2) OJ L 173, 27.6.2001, p. 5.(3) OJ L 145, 31.5.2001, p. 43.(4) OJ L 110, 28.4.1999, p. 30.(5) Addressed to the European Central Bank, Secretariat Division, Kaiserstrasse 29, D-60311 Frankfurt am Main. Fax: + 49 (69) 1344 6170. E-mail: ecb.secretariat@ecb.int.

Summary: Public access to European Central Bank documents Public access to European Central Bank documents SUMMARY OF: Decision 2004/258/EC of the European Central Bank on public access to the Bank’s documents (ECB/2004/3) WHAT IS THE AIM OF THE DECISION? It sets out the conditions and limits according to which the European Central Bank (ECB) gives access to its documents to the public. KEY POINTS Any European Union (EU) citizen and any natural or legal person residing, or with a registered office, in an EU Member State has the right to access ECB documents*, subject to certain limits and conditions. Furthermore, the ECB, subject to the same conditions and limits, may grant access to its documents to any natural or legal person not residing or not having its registered office in a Member State. The ECB refuses access to a document when disclosure would undermine the protection of: public interest, notably confidentiality of the proceedings of the ECB’s decision-making bodiesfinancial, monetary or economic policy of the EU or a Member Stateinternal finances of the ECB or national central banksprotection of euro banknotespublic securityinternational financial, monetary or economic relationsstability of the EU’s or a Member State’s financial systemEU or a Member State’s prudential supervision of credit and other financial institutionssupervisory inspectionssoundness and security of financial market infrastructure, payment schemes or payment service providers; an individual’s privacy and integrity; confidentiality of information protected under EU law. Additionally, the ECB refuses access to a document, unless there is an overriding public interest, if disclosure would undermine: the commercial interests of a natural or legal person, including intellectual property; court proceedings and legal advice; inspections, investigations and audits. If only parts of the requested document are covered by any of the exceptions, the remaining parts of the document are released. The grounds for refusing access apply only as long as protection is justified based on the document’s content, and at most for 30 years, unless the ECB Governing Council decides otherwise. National central banks, in possession of an ECB document, consult the ECB, or ask it to handle the request, before granting access to it. Requests for access to an ECB document are to be sent to the ECB in any written form in an official EU language, and sufficiently precise to enable the ECB to identify the relevant document. No explanation is required. The ECB contacts the requester for further information if the request is unclear or covers a very long document, or several separate documents. An ECB decision concerning the access to its documents is taken within 20 working days. It can either grant access or partially or totally refuse the requested access to the document. In the latter case, the applicant may, within 20 working days of receiving the ECB’s reply, make a confirmatory application asking the ECB’s Executive Board to reconsider its position. Unsuccessful applicants may bring the matter before the European Ombudsman or the Court of Justice of the European Union. Applicants may consult documents to which the ECB has granted access either at its premises, or by receiving a copy or by receiving information on how to easily obtain them. Repeal The decision repeals Decision ECB/1998/12. FROM WHEN DOES THE DECISION APPLY? It has applied since 19 March 2004. BACKGROUND The Treaty on European Union enshrines the principle of openness in Article 1 to enhance the EU’s legitimacy, effectiveness and accountability. In 2001, the European Parliament, Council and Commission adopted legislation on public access to documents (Regulation (EC) No 1049/2001 — see summary). Providing access to documents is an essential part of the ECB’s transparency policy. In line with the ECB’s commitment to openness and transparency, and to enable and facilitate research, the ECB has created a Public Register of Documents containing documents that have already been released by the ECB and documents released in response to public access requests. KEY TERMS Document: any content, whatever its medium (written on paper, or stored in electronic form or as a sound, visual or audiovisual recording), drawn up or held by the ECB and relating to its policies, activities or decisions. MAIN DOCUMENT Decision 2004/258/EC of the European Central Bank of 4 March 2004 on public access to European Central Bank documents (ECB/2004/3) (OJ L 80, 18.3.2004, pp. 42-44) Successive amendments to Decision 2004/258/EC have been incorporated into the original text. This consolidated version is of documentary value only. RELATED DOCUMENTS Consolidated version of the Treaty on the Functioning of the European Union — Part One: Principles — Title II: Provisions having general application — Article 15 (OJ C 202, 7.6.2016, pp. 54-55) Consolidated version of the Treaty on the Functioning of the European Union — Protocol (No 4) on the statute of the European System of Central Banks and of the European Central Bank (OJ C 202, 7.6.2016, pp. 230-250) Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (OJ L 287, 29.10.2013, pp. 63-89) Decision 2004/257/EC of the European Central Bank of 19 February 2004 adopting the rules of procedure of the European Central Bank (ECB/2004/2) (OJ L 80, 18.3.2004, pp. 33-41) See consolidated version. Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, pp. 43-48) last update 02.07.2021


EUR-Lex - 32004D0002 - EN Avis juridique important | 32004D0002 2004/257/EC: Decision of the European Central Bank of 19 February 2004 adopting the Rules of Procedure of the European Central Bank (ECB/2004/2) Official Journal L 080 , 18/03/2004 P. 0033 - 0041 Decision of the European Central Bankof 19 February 2004adopting the Rules of Procedure of the European Central Bank(ECB/2004/2)(2004/257/EC)THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular to Article 12.3 thereof;HAS DECIDED AS FOLLOWS:Sole ArticleThe Rules of Procedure of the European Central Bank as amended on 22 April 1999, as further amended by Decision ECB/1999/6 of 7 October 1999 amending the Rules of Procedure of the European Central Bank(1), shall be replaced by the following which shall enter into force on 1 March 2004.RULES OF PROCEDURE OF THE EUROPEAN CENTRAL BANKPRELIMINARY CHAPTERArticle 1DefinitionsThese Rules of Procedure shall supplement the Treaty establishing the European Community and the Statute of the European System of Central Banks and of the European Central Bank. The terms in these Rules of Procedure shall have the same meaning as in the Treaty and the Statute. The term "Eurosystem" shall mean the European Central Bank (ECB) and the national central banks of those Member States whose currency is the euro.CHAPTER I THE GOVERNING COUNCILArticle 2Date and place of Governing Council meetings2.1. The Governing Council shall decide on the dates of its meetings on a proposal from the President. The Governing Council shall, in principle, meet regularly following a schedule that it shall determine in good time before the start of each calendar year.2.2. The President shall convene a meeting of the Governing Council if a request for a meeting is submitted by at least three members of the Governing Council.2.3. The President may also convene meetings of the Governing Council whenever he/she deems it necessary.2.4. The Governing Council shall normally hold its meetings on the premises of the ECB.2.5. Meetings may also be held by means of teleconferencing, unless at least three Governors object.Article 3Attendance at Governing Council meetings3.1. Except as provided herein, attendance at meetings of the Governing Council shall be restricted to its members, the President of the Council of the European Union and a member of the Commission of the European Communities.3.2. Each Governor may normally be accompanied by one person.3.3. If a Governor is unable to attend, he/she may appoint, in writing, an alternate without prejudice to Article 4. This written communication shall be sent to the President in due time before the meeting. Such an alternate may normally be accompanied by one person.3.4. The President shall appoint a member of staff of the ECB as Secretary. The Secretary shall assist the Executive Board in preparing the meetings of the Governing Council and shall draft the minutes thereof.3.5. The Governing Council may also invite other persons to attend its meetings if it deems it appropriate to do so.Article 4Voting4.1. In order for the Governing Council to vote, there shall be a quorum of two-thirds of the members. If the quorum is not met, the President may convene an extraordinary meeting at which decisions may be taken without regard to the quorum.4.2. The Governing Council shall proceed to vote at the request of the President. The President shall also initiate a voting procedure upon request from any member of the Governing Council.4.3. Abstentions shall not prevent the adoption by the Governing Council of decisions under Article 41.2 of the Statute.4.4. If a member of the Governing Council is prevented from voting for a prolonged period (i.e. more than one month), he/she may appoint an alternate as a member of the Governing Council.4.5. In accordance with Article 10.3 of the Statute, if a Governor is unable to vote on a decision to be taken under Articles 28, 29, 30, 32, 33 and 51 of the Statute, his/her appointed alternate may cast his/her weighted vote.4.6. The President may initiate a secret ballot if requested to do so by at least three members of the Governing Council. If members of the Governing Council are personally affected by a proposal for a decision under Articles 11.1, 11.3 or 11.4 of the Statute, a secret ballot shall be held. In such cases the members of the Governing Council concerned shall not participate in the vote.4.7. Decisions may also be taken by written procedure, unless at least three members of the Governing Council object. A written procedure shall require: (i) normally not less than five working days for consideration by every member of the Governing Council; and (ii) the personal signature of each member of the Governing Council (or his/her alternate in accordance with Article 4.4); and (iii) a record of any such decision in the minutes of the subsequent meeting of the Governing Council.Article 5Organisation of Governing Council meetings5.1. The Governing Council shall adopt the agenda for each meeting. A provisional agenda shall be drawn up by the Executive Board and shall be sent, together with the related documents, to the members of the Governing Council and other authorised participants at least eight days before the relevant meeting, except in emergencies, in which case the Executive Board shall act appropriately having regard to the circumstances. The Governing Council may decide to remove items from or add items to the provisional agenda on a proposal from the President or from any other member of the Governing Council. An item shall be removed from the agenda at the request of at least three of the members of the Governing Council if the related documents were not submitted to the members of the Governing Council in due time.5.2. The minutes of the proceedings of the Governing Council shall be submitted to its members for approval at the subsequent meeting (or where necessary earlier by written procedure) and shall be signed by the President.5.3. The Governing Council may lay down internal rules on decision-making in emergency situations.CHAPTER II THE EXECUTIVE BOARDArticle 6Date and place of Executive Board meetings6.1. The date of the meetings shall be decided by the Executive Board on a proposal from the President.6.2. The President may also convene meetings of the Executive Board whenever he/she deems it necessary.Article 7Voting7.1. In order for the Executive Board to vote, in accordance with Article 11.5 of the Statute, there shall be a quorum of two-thirds of the members. If the quorum is not met, the President may convene an extraordinary meeting at which decisions may be taken without regard to the quorum.7.2. Decisions may also be taken by written procedure, unless at least two members of the Executive Board object.7.3. Members of the Executive Board personally affected by a prospective decision under Articles 11.1, 11.3 or 11.4 of the Statute shall not participate in the vote.Article 8Organisation of Executive Board meetingsThe Executive Board shall decide on the organisation of its meetings.CHAPTER III THE ORGANISATION OF THE EUROPEAN CENTRAL BANKArticle 9Eurosystem/ESCB Committees9.1. The Governing Council shall establish and dissolve committees. They shall assist in the work of the decision-making bodies of the ECB and shall report to the Governing Council via the Executive Board.9.2. Committees shall be composed of up to two members from each of the Eurosystem NCBs and the ECB, appointed by each Governor and the Executive Board respectively. The Governing Council shall lay down the mandates of the committees and appoint their chairpersons. As a rule, the chairperson shall be a staff member from the ECB. Both the Governing Council and the Executive Board shall have the right to request studies of specific topics by committees. The ECB shall provide secretarial assistance to the committees.9.3. The national central bank of each non-participating Member State may also appoint up to two staff members to take part in the meetings of a committee whenever it deals with matters falling within the field of competence of the General Council and whenever the chairperson of a committee and the Executive Board deems this appropriate.9.4. Representatives of other Community institutions and bodies and any other third party may also be invited to take part in the meetings of a committee whenever the chairperson of a committee and the Executive Board deems this appropriate.Article 9aThe Governing Council may decide to establish ad hoc committees in charge of specific advisory tasks.Article 10Internal structure10.1. Having consulted the Governing Council, the Executive Board shall decide upon the number, name and respective competence of each of the work units of the ECB. This decision shall be made public.10.2. All work units of the ECB shall be placed under the managing direction of the Executive Board. The Executive Board shall decide upon the individual responsibilities of its members with respect to the work units of the ECB, and shall inform the Governing Council, the General Council and the staff of the ECB thereof. Any such decision shall be taken only in the presence of all the members of the Executive Board, and may not be taken against the vote of the President.Article 11Staff of the ECB11.1. Each member of the staff of the ECB shall be informed of his/her position within the structure of the ECB, his/her reporting line and his/her professional responsibilities.11.2. Without prejudice to Articles 36 and 47 of the Statute, the Executive Board shall enact organisational rules (hereinafter referred to as Administrative Circulars) which are binding on the staff of the ECB.11.3. The Executive Board shall adopt and up-date a Code of Conduct for the guidance of its members and of the members of staff of the ECB.CHAPTER IV INVOLVEMENT OF THE GENERAL COUNCIL IN THE TASKS OF THE EUROPEAN SYSTEM OF CENTRAL BANKSArticle 12Relationship between the Governing Council and the General Council12.1. The General Council of the ECB shall be given the opportunity to submit observations before the Governing Council adopts:- opinions under Articles 4 and 25.1 of the Statute,- recommendations in the statistical field, under Article 42 of the Statute,- the annual report,- the rules on the standardisation of accounting rules and reporting of operations,- the measures for the application of Article 29 of the Statute,- the conditions of employment of the staff of the ECB,- in the context of the preparations for the irrevocable fixing of exchange rates, an ECB opinion either under Article 123(5) of the Treaty or concerning Community legal acts to be adopted when a derogation is abrogated.12.2. Whenever the General Council is requested to submit observations under the first paragraph of this Article, it shall be given a reasonable period of time within which to do so, which may not be less than ten working days. In a case of urgency to be justified in the request, the period may be reduced to five working days. The President may decide to use the written procedure.12.3. The President shall inform the General Council, in accordance with Article 47.4 of the Statute, of decisions adopted by the Governing Council.Article 13Relationship between the Executive Board and the General Council13.1. The General Council of the ECB shall be given the opportunity to submit observations before the Executive Board:- implements legal acts of the Governing Council for which, in accordance with Article 12.1 above, the contribution of the General Council is required,- adopts, by virtue of powers delegated by the Governing Council in accordance with Article 12.1 of the Statute, legal acts for which, in accordance with Article 12.1 of these Rules, the contribution of the General Council is required.13.2. Whenever the General Council is requested to submit observations under the first paragraph of this Article, it shall be given a reasonable period of time within which to do so, which may not be less than ten working days. In a case of urgency to be justified in the request, the period may be reduced to five working days. The President may decide to use written procedure.CHAPTER V SPECIFIC PROCEDURAL PROVISIONSArticle 14Delegation of powers14.1. The delegation of powers of the Governing Council to the Executive Board under the last sentence of the second paragraph of Article 12.1 of the Statute shall be notified to the parties concerned, or published if appropriate, where decisions taken by means of delegation have legal effects on third parties. The Governing Council shall be promptly informed of any act adopted by way of delegation.14.2. The Book of Authorised Signatories of the ECB, established pursuant to decisions adopted under Article 39 of the Statute, shall be circulated to interested parties.Article 15Budgetary procedure15.1. The Governing Council, acting upon a proposal from the Executive Board in accordance with any principles laid down by the former, shall adopt, before the end of each financial year, the budget of the ECB for the subsequent financial year.15.2. For assistance in matters related to the budget of the ECB, the Governing Council shall establish a Budget Committee and lay down its mandate and composition.Article 16Reporting and annual accounts16.1. The Governing Council shall adopt the annual report required under Article 15.3 of the Statute.16.2. The competence to adopt and publish the quarterly reports under Article 15.1 of the Statute, the weekly consolidated financial statements under Article 15.2 of the Statute, the consolidated balance sheets under Article 26.3 of the Statute and other reports shall be delegated to the Executive Board.16.3. The Executive Board shall, in accordance with the principles established by the Governing Council, prepare the annual accounts of the ECB within the first month of the subsequent financial year. These shall be submitted to the external auditor.16.4. The Governing Council shall adopt the annual accounts of the ECB within the first quarter of the subsequent year. The external auditor's report shall be submitted to the Governing Council before their adoption.Article 17Legal instruments of the ECB17.1. ECB Regulations shall be adopted by the Governing Council and signed on its behalf by the President.17.2. ECB Guidelines shall be adopted by the Governing Council, and thereafter notified, in one of the official languages of the European Communities, and signed on the Governing Council's behalf by the President. They shall state the reasons on which they are based. Notification of the national central banks may take place by means of telefax, electronic mail or telex or in paper form. Any ECB Guideline that is to be officially published shall be translated into the official languages of the European Communities.17.3. The Governing Council may delegate its normative powers to the Executive Board for the purpose of implementing its regulations and guidelines. The regulation or guideline concerned shall specify the issues to be implemented as well as the limits and scope of the delegated powers.17.4. ECB Decisions and Recommendations shall be adopted by the Governing Council or the Executive Board in their respective domain of competence, and shall be signed by the President. ECB Decisions imposing sanctions on third parties shall be signed by the President, the Vice-President or any two other members of the Executive Board. ECB Decisions and Recommendations shall state the reasons on which they are based. The Recommendations for secondary Community legislation under Article 42 of the Statute shall be adopted by the Governing Council.17.5. Without prejudice to the second paragraph of Article 44 and the first indent of Article 47.1 of the Statute, ECB opinions shall be adopted by the Governing Council. However, in exceptional circumstances and unless not less than three Governors state their wish to retain the competence of the Governing Council for the adoption of specific opinions, ECB opinions may be adopted by the Executive Board, in line with comments provided by the Governing Council and taking into account the contribution of the General Council. ECB opinions shall be signed by the President.17.6. ECB Instructions shall be adopted by the Executive Board, and thereafter notified, in one of the official languages of the European Communities, and signed on the Executive Board's behalf by the President or any two Executive Board members. Notification of the national central banks may take place by means of telefax, electronic mail or telex or in paper form. Any ECB Instruction that is to be officially published shall be translated into the official languages of the European Communities.17.7. All ECB legal instruments shall be numbered sequentially for ease of identification. The Executive Board shall take steps to ensure the safe custody of the originals, the notification of the addressees or consulting authorities, and the publication in all the official languages of the European Union in the Official Journal of the European Union in the case of ECB Regulations, ECB opinions on draft Community legislation and those ECB legal instruments whose publication has been expressly decided.17.8. The principles of Council Regulation (EC) No 1 determining the language to be used by the European Economic Community(1) of 15 April 1958 shall apply to the legal acts specified in Article 34 of the Statute.Article 18Procedure under Article 106(2) of the TreatyThe approval provided for in Article 106(2) of the Treaty shall be adopted for the following year by the Governing Council in a single decision for all participating Member States within the final quarter of every year.Article 19Procurement19.1. Procurement of goods and services for the ECB shall give due regard to the principles of publicity, transparency, equal access, non-discrimination and efficient administration.19.2. Except for the principle of efficient administration, derogations may be made from the above principles in cases of urgency; for reasons of security or secrecy; where there is a sole supplier; for supplies from the national central banks to the ECB; to ensure the continuity of a supplier.Article 20Selection, appointment and promotion of staff20.1. All members of staff of the ECB shall be selected, appointed and promoted by the Executive Board.20.2. All members of staff of the ECB shall be selected, appointed and promoted with due regard to the principles of professional qualification, publicity, transparency, equal access and non-discrimination. The rules and procedures for recruitment and for internal promotion shall be further specified by means of Administrative Circulars.Article 21Conditions of Employment21.1. The Conditions of Employment and the Staff Rules shall determine the employment relationship between the ECB and its staff.21.2. The Governing Council, upon a proposal from the Executive Board and following consultation of the General Council shall adopt the Conditions of Employment.21.3. The Executive Board shall adopt the Staff Rules, that shall implement the Conditions of Employment.21.4. The Staff Committee shall be consulted before the adoption of new Conditions of Employment or Staff Rules. Its opinion shall be submitted to the Governing Council or the Executive Board respectively.Article 22Communications and announcementsGeneral communications and announcements of decisions taken by the decision-making bodies of the ECB may be published on the ECB website, in the Official Journal of the European Union, or by means of wire services common to financial markets or any other media.Article 23Confidentiality of and access to ECB documents23.1. The proceedings of the decision-making bodies of the ECB and of any committee or group established by them shall be confidential unless the Governing Council authorises the President to make the outcome of their deliberations public.23.2. Public access to documents drawn up or held by the ECB shall be governed by a decision of the Governing Council.23.3. Documents drawn up by the ECB shall be classified and handled in accordance with the rules laid down in an Administrative Circular. They shall be freely accessible after a period of 30 years unless decided otherwise by the decision making bodies.CHAPTER VI FINAL PROVISIONArticle 24Amendments to these Rules of ProcedureThe Governing Council may amend these Rules of Procedure. The General Council may propose amendments and the Executive Board may adopt supplementary rules within its field of competence.Done at Frankfurt am Main, 19 February 2004.The President of the ECBJean-Claude Trichet(1) OJ 17, 6.10.1958, p. 385.(1) OJ L 314, 8.12.1999, p. 32.

Summary: European Central Bank — rules of procedure European Central Bank — rules of procedure SUMMARY OF: Decision 2004/257/EC — rules of procedure of the European Central Bank WHAT IS THE AIM OF THE DECISION? It supplements the Treaty on the Functioning of the European Union and the statute of the European system of central banks and of the European Central Bank by providing further detail on the workings of the decision-making bodies of the ECB: the Governing Council; the Executive Board; and the General Council. KEY POINTS The Governing Council The Governing Council consists of: the 6 members of the Executive Board; andthe governors of the euro area countries’ national central banks. The Governing Council meets twice a month. Meetings may also be convened by the president at the request of at least 3 of its members. Attendance is restricted to its members, to the President of the Council of the European Union and to a member of the European Commission. Each governor may normally be accompanied by one person. A quorum of two thirds of members with voting rights is necessary for a vote to take place. The president may initiate a secret ballot in the Governing Council at the request of at least 3 of its members. Decisions may be taken by written procedure, unless at least 3 members object. The Governing Council may establish and dissolve committees to assist in the work of the decision-making bodies of the ECB. The Governing Council adopts regulations, guidelines, decisions, recommendations and opinions of the ECB. It may delegate certain powers to the Executive Board in order to implement regulations and guidelines. The Executive Board The Executive Board adopts instructions of the ECB. It may, in certain circumstances, also adopt decisions, recommendations and opinions. The Executive Board decides on the number, name and respective competence of each of the ECB’s work units. The Executive Board consults with the Governing Council on such decisions, which are made public. The General Council The General Council may submit observations to the Governing Council on certain issues, including recommendations in the field of statistics, the annual report and staff employment conditions. Decision 2004/257/EC has been amended several times: Decision 2009/328/EC introduced a rotation system whereby National Central Bank Governors take turns holding voting rights on the Governing Council. Decision 2014/179/EU requires the Governing Council to adopt and update a code of conduct for its members and alternate members, as well as to establish a high-level audit committee to strengthen both internal and external layers of control, thus enhancing the ECB’s corporate governance. Decision (EU) 2015/716 brings the decision into line with Regulation (EU) No 1024/2013 which gave the ECB special tasks concerning policies relating to the prudential supervision of credit institutions. The decision clarifies the instances in which decisions may be taken by written procedure. Decision (EU) 2016/1717 concerns legal acts such as ECB guidelines and instructions and how they are notified to national central banks and authorities. ECB decisions addressed to supervised entities or entities which have applied for authorisation to take up business as a credit institution, and decisions imposing sanctions on third parties should now be signed by the secretary of the Governing Council (rather than by the ECB President with addressees) in order to certify the conformity with the Governing Council’s decision. FROM WHEN DOES THE DECISION APPLY? It has applied since 19 February 2004. BACKGROUND For more information, see: Rules of procedure (European Central Bank). MAIN DOCUMENT Decision 2004/257/EC of the European Central Bank of 19 February 2004 adopting the rules of procedure of the European Central Bank (ECB/2004/2) (OJ L 80, 18.3.2004, pp. 33-41) Subsequent amendments to Decision 2004/257/EC have been incorporated into the original text. This consolidated version is of documentary value only. RELATED DOCUMENTS Decision (EU) 2015/529 of the European Central Bank of 21 January 2015 amending Decision ECB/2004/3 on public access to European Central Bank documents (ECB/2015/1) (OJ L 84, 28.3.2015, pp. 64-66) Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (OJ L 287, 29.10.2013, pp. 63-89) Decision 2004/258/EC of the European Central Bank of 4 March 2004 on public access to European Central Bank documents (ECB/2004/3) (OJ L 80, 18.3.2004, pp. 42-44) See consolidated version. last update 09.01.2019