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Act On The Amendment Of The Agreement Establishing The European Bank For Reconstruction And Development (1)

Original Language Title: Loi portant sur la modification de l'Accord portant création de la Banque Européenne pour la Reconstruction et le Développement (1)

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belgiquelex.be - Carrefour Bank of Legislation

8 JULY 2013. - Act respecting the amendment of the Agreement establishing the European Bank for Reconstruction and Development (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The King is authorized to accept, on behalf of Belgium, the amendment of the Agreement establishing the European Bank for Reconstruction and Development, as proposed by the Council of Governors of the European Bank for Reconstruction and Development, pursuant to its resolutions 137 and 138 of 30 September 2011, the text of which is annexed.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 8 July 2013.
ALBERT
By the King:
Minister of Foreign Affairs,
D. REYNDERS
Minister of Finance,
K. GEENS
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
1) Session 2012-2013
Senate
Parliamentary documents
5-2084/1: Bill
5-2084/2: Report
Annales du Senate : May 23, 2013
House of Representatives
Parliamentary documents
53-2831/1: Project transmitted by the Senate
53-2831/2: Report
53-2831/3: Text adopted in plenary and subject to Royal Assent
Full report: 13 June 2013

Annex:
RESOLUTION No. 137
AMENDMENT OF THE ACCORD PORTANT CREATION OF THE EUROPEAN BANQUE FOR THE RECOGNIZATION AND DEVELOPING PERMETTER TO THE BANQUE OF OPERATION IN THE COUNTRIES OF THE MERIDIONAL AND ORIENTAL PART OF THE MEDITERRANEAN BASSIN
THE BOARD OF GOVERNERS
Observing the current historical changes in North Africa and the Middle East;
Referring to Resolution No. 134, Eventual Geographic Enlargement of the Bank's Region of Operations, adopted on 21 May 2011, by which the Board of Governors invited the Board of Directors to submit recommendations concerning, inter alia, an amendment to Article 1er the Agreement establishing the European Bank for Reconstruction and Development (the Agreement) providing for an appropriate regional expansion of the geographic scope of the EBRD's mandate and an appropriate mechanism to grant the status of beneficiary countries to the member countries of that expanded region, while ensuring that this expansion does not require additional capital contribution and does not affect the agreed scope and impact of the Bank's operations in its recipient countries;
Referring also to the confirmation contained in the Report of the Governing Council on the Fourth Review of Capital Resources (ERC 4) for the period 2011-2015, approved by Resolution No. 128 of the Board of Governors, which recalls that gradation remains a fundamental principle of the Bank;
Having considered and in agreement with the report of the Board of Directors to the Board of Governors on the geographic expansion of the Bank's area of operations to the southern and eastern portion of the Mediterranean Basin and with the recommendations presented in this report, including that inviting the Board of Governors to approve an amendment to section 1er the Agreement to allow the Bank to operate in the Southern and Eastern Mediterranean Basin countries;
FOR CES MOTIF, DECIDE BY THE PRESENT:
1. Article 1er of the Agreement is amended as follows:
“Article 1: OBJECT
The purpose of the Bank is, by contributing to the economic progress and reconstruction of the countries of Central and Eastern Europe that are committed to respecting and implementing the principles of pluralistic democracy, pluralism and the market economy, to foster the transition from their economies to market economies, and to promote private initiative and corporate spirit. Under the same conditions, the purpose of the Bank may also be implemented in Mongolia and in the member countries of the southern and eastern part of the Mediterranean Basin, as the Bank will decide on an affirmative vote of at least two thirds of the number of Governors, representing at least three quarters of the total number of votes attributed to Members. Accordingly, any reference in this Agreement and its annexes to the "Central and Eastern European countries", to one or more "receiving countries" or to the "receiving member countries" also applies to Mongolia and to the countries of the southern and eastern portion of the Mediterranean Basin that meet the conditions set out above.
2. Each Member of the Bank will be asked to confirm that he or she accepts the amendment (a) by signing and handing over to the Bank an instrument indicating that he or she has accepted the amendment in accordance with his or her laws and (b) by providing evidence in the form and substance, as required by the Bank, that the amendment has been accepted and the instrument of acceptance signed and deposited in accordance with its laws.
3. The amendment will come into force seven days after the Bank has formally confirmed to its Members that the conditions necessary for its acceptance, pursuant to Article 56 of the Agreement establishing the Bank, have been met.
(Adopted on 30 September 2011)

RESOLUTION No. 138
AMENDMENT OF THE ACCORD PORTANT CREATION OF THE EUROPEAN BANQUE FOR THE RECONSTRUCTION AND DEVELOPMENT OF THE AUTHORIZATION OF SPECIFIC FUNDS IN BENEFICIARY COUNTRIES AND BENEFICIARY COUNTRIES
THE BOARD OF GOVERNERS
Considering that, by the adoption of Resolution No. 137, the Board of Governors would approve an amendment to Article 1er the Agreement establishing the European Bank for Reconstruction and Development (the Agreement) under which the Bank would be authorized to implement its object in the countries of the southern and eastern portion of the Mediterranean Basin;
Referring to Resolution No. 134, Eventual Geographical Enlargement of the Bank's Region of Operations, adopted on 21 May 2011, by which the Board of Governors requested the Board of Directors to make recommendations on, inter alia, possible complementary approaches to allow the Bank's operations to begin as soon as possible in the potential beneficiary countries of the expanded region;
Having considered and in agreement with the report of the Board of Directors to the Board of Governors on the geographic expansion of the Bank's area of operations to the southern and eastern portion of the Mediterranean Basin and with the recommendations presented in this report, including that inviting the Board of Governors to approve an amendment to Article 18 of the Agreement to allow the Bank to use the Special Funds for Potential Operations;
FOR CES MOTIF, DECIDE BY THE PRESENT:
1. Article 18 of the Agreement is amended as follows:
“Article 18: SPECIFIC FUNDS
1. (i) The Bank may accept the management of the Special Funds established for the realization of its object and entering its mission in its recipient countries and potential recipient countries. The management costs of each Special Fund are charged to the Special Fund.
(ii) For the purposes of sub-paragraph (i), the Board of Governors may, at the request of a Member who is not a beneficiary country, decide that the Member qualifies as a potential beneficiary country for a limited period of time and under conditions to be determined. This decision will be taken by an affirmative vote of at least two thirds of the number of Governors, representing at least three quarters of the total number of votes cast on Members.
(iii) The decision to allow a Member to qualify as a potential beneficiary country can only be taken if that Member is able to meet the requirements for becoming a beneficiary country. These are the conditions set out in section 1er this Agreement, in its version applicable at the time of the said decision or in that applicable at the time of the coming into force of an amendment that has already been approved by the Board of Governors at the time of that decision.
(iv) If a potential beneficiary country has not become a beneficiary country at the end of the period specified in subparagraph (ii), the Bank will immediately cease any special operation in that country, with the exception of those arising from the liquidation, retention and preservation of the assets of the Special Fund and the fulfilment of the obligations arising therefrom.
2. Special Funds accepted by the Bank may be used in its recipient countries and potential recipient countries in any manner in accordance with any conditions and modalities consistent with the purpose and mission of the Bank, with any other applicable provision of this Agreement and with the conventions or conventions governing these Funds.
3. The Bank adopts the necessary rules and regulations for the institution, management and use of each Special Fund. These rules and regulations shall be consistent with the provisions of this Agreement, with the exception of those expressly and exclusively relating to the Bank's ordinary operations. »
2. Each Member of the Bank will be asked to confirm that he or she accepts the amendment (a) by signing and handing over to the Bank an instrument indicating that he or she has accepted the amendment in accordance with his or her laws and (b) by providing evidence in the form and substance, as required by the Bank, that the amendment has been accepted and the instrument of acceptance signed and deposited in accordance with its laws.
3. The amendment will come into force seven days after the Bank has formally confirmed to its Members that the conditions necessary for its acceptance, pursuant to Article 56 of the Agreement establishing the Bank, have been met.
(Adopted on 30 September 2011)