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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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013003236&caller=list&article_lang=F&row_id=1200&numero=1206&pub_date=2013-07-17&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-07-17 Numac: 2013003236 SERVICE PUBLIC FEDERAL Foreign Affairs, external trade and development COOPERATION and SERVICE PUBLIC FÉDÉRAL FINANCES July 8, 2013. -Act on the amendment of the agreement establishing the European Bank for Reconstruction and development (1) ALBERT II, King of the Belgians, all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S.
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 Board of Governors of the European Bank for Reconstruction and development, under the terms of its resolutions 137 and 138, September 30, 2011, which is reproduced in the annex.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, July 8, 2013.
ALBERT by the King: the Minister of Foreign Affairs, D. REYNDERS the Minister of finance, K. GARG sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note 1) Session 2012 - 2013 Senate parliamentary papers 5-2084/1: Bill 5-2084/2: annals of the Senate report: 23 May 2013 House of representatives Parliamentary papers 53-2831/1: draft transmitted by the Senate 53-2831/2 : Report 53-2831/3: text adopted in plenary meeting and submitted to the full proceedings Royal assent: June 13, 2013 Appendix: RESOLUTION No. 137 amendment of the agreement bearing CREATION of the Bank European for the RECONSTRUCTION and the development to enable A the Bank of operate in the country of the part southern and Eastern of basin Mediterranean the Council of Governors historical historical changes underway in North Africa and the Middle East;
Referring to Resolution No. 134, possible geographical enlargement of the area of operations of the Bank, adopted may 21, 2011, in which the Governing Council invited the Governing Council to submit recommendations on, inter alia, an amendment to article 1 of the agreement on the establishment of the Bank for reconstruction and development (the agreement) European regional appropriately extending the field of application of the mandate of the EBRD and a mechanism appropriate in view to confer the status of beneficiary country to the Member countries of the wider region, while ensuring that enlargement requires no additional contribution in capital and do not affect the scope and the impact agreed to the operations of the Bank in its existing beneficiary countries;
Referring also to the confirmation set out in the report of the governing body on the fourth review of resources in capital (ERC 4) for the period 2011-2015, approved by Resolution No. 128 of the Board of Governors, conformation, which recalls that gradation remains a fundamental principle of the Bank;
Having considered and being in agreement with the report of the Board of Directors to the Board of Governors relating to the geographical enlargement of the area of operations of the Bank in the southern and eastern part of the Mediterranean basin and with the recommendations presented in this report, including inviting the Board of Governors to approve an amendment to article 1 of the agreement to allow the Bank to operate in the countries of the southern and eastern part of the Mediterranean basin;
FOR these reasons, resolves hereby: 1. in article 1 of the agreement is amended as follows: "ARTICLE 1: purpose the purpose of the Bank is contributing to the progress and the economic reconstruction of the countries of Central and Eastern Europe who undertake to respect and put into practice the principles of multi-party democracy, pluralism and market economy, to promote the transition of their economies to market economies. , and to promote private initiative and entrepreneurship. Under the same conditions, the object of the Bank can also be implemented in Mongolia and the Member countries of the southern and eastern part of the Mediterranean basin as the Bank decide on affirmative vote of two-thirds at least the number of Governors, representing at least three quarters of the total number of the votes allocated to the Member. Accordingly, any reference in this agreement and its annexes to the "countries of Central and Eastern Europe', to one or more 'beneficiary country' or 'recipient member countries' also applies to the Mongolia as well as to the countries of the southern and eastern part of the Mediterranean basin that meet the above conditions.
2. it will be asked to each Member of the Bank to confirm that it accepts the amendment (a) by signing and relying on a bank instrument stating that it accepted the amendment in accordance with its laws and (b) providing evidence in the form and at the bottom, according to the terms required by the Bank, that the amendment has been accepted and the instrument of acceptance signed and filed in accordance with its laws.
3. the said amendment will enter into force seven days after that the Bank will have officially confirmed to its members that the necessary conditions for its acceptance, in accordance with Article 56 of the agreement establishing the Bank, have been met.
(Adopted on September 30, 2011)

RESOLUTION No. 138 amendment of the agreement bearing CREATION of the Bank European for the RECONSTRUCTION and the development for allow the use of fund special in the country beneficiaries and the country beneficiaries potentials the Council of Governors recital that, through the adoption of Resolution No. 137, the Governing Council would approve an amendment of article 1 of the agreement establishing the European Bank for reconstruction and development (the agreement) pursuant to which the Bank would be authorized to implement its purpose in the countries of the southern and eastern part of the Mediterranean basin;
Referring to Resolution No. 134, possible geographical enlargement of the area of operations of the Bank, adopted may 21, 2011, by which the Governing Council requested the Governing Council to submit recommendations on, inter alia, possible complementary approaches intended to allow the operations of the Bank to begin as soon as possible in the potential of the greater beneficiary countries;
Having considered and being in agreement with the report of the Board of Directors to the Board of Governors relating to the geographical enlargement of the area of operations of the Bank in the southern and eastern part of the Mediterranean basin and with the recommendations presented in this report, including inviting the Board of Governors to approve an amendment to Article 18 of the agreement to enable the Bank to use the special funds for special in potential beneficiary countries operations;
FOR these reasons, resolves hereby: 1. article 18 of the agreement is amended as follows: "ARTICLE 18: fund special 1.» (i) the Bank may accept the management of special funds set up for the realization of its object and being within the scope of its mission in its beneficiary countries and its potential beneficiary countries. Each special fund management fees are charged to this special fund.
(ii) for the purposes of subparagraph (i), the Board of Governors may, at the request of a member who is not a beneficiary country, decide that the Member qualifies as potential beneficiary country for a limited period and under conditions to be determined. This decision will be taken by an affirmative vote of two-thirds at least of the number of the Governors, representing at least three quarters of the total number of the votes allocated to the Member.
(iii) the decision to allow a member to qualify as potential recipient country may be taken only if the Member is able to meet the conditions required to become a beneficiary country. These conditions are those set out in article 1 of this agreement, in the version applicable at the time of the decision or applicable on the entry into force of an amendment which was already approved by the Board of Governors at the time of the decision.
(iv) If a potential recipient countries did not become beneficiary countries at the end of the period indicated in subparagraph (ii), the Bank will immediately cease any special operation in this country, except those arising from the liquidation, conservation and preservation of the assets of the special fund and the fulfilment of its obligations in this regard.
2. the special funds accepted by the Bank can be used in its beneficiary countries and its potential beneficiary countries in any way whatsoever under all conditions and procedures compatible with the object and mission of the Bank, with any other applicable provisions of this agreement as well as the conventions governing these funds.
3. the Bank shall adopt rules and regulations necessary for the institution, management and utilization of each special fund. These rules and regulations must be consistent with the provisions of this agreement, with the exception of those relating specifically and exclusively to the ordinary operations of the Bank.
» 2 will be asked each Member of the Bank to confirm that it accepts the amendment

(a) by signing and relying on a bank instrument stating that it accepted the amendment in accordance with its laws and (b) providing evidence in the form and at the bottom, according to the terms required by the Bank, that the amendment has been accepted and the instrument of acceptance signed and filed in accordance with its laws.
3. the said amendment will enter into force seven days after that the Bank will have confirmed officially to its members that the necessary conditions for its acceptance, in application of article 56 of the agreement establishing the Bank, have been met.
(Adopted on September 30, 2011)