Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs and International Development,
Considering the Constitution, in particular articles 52 to 55;
Vu la Act No. 2012-322 of 7 March 2012 authorizing the approval of amendments to Article 1 and Article 18 of the agreement establishing the European Bank for Reconstruction and Development;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
In view of Decree No. 91-387 of 23 April 1991 on the publication of the agreement establishing the European Bank for Reconstruction and Development (two annexes and one statement), signed in Paris on 29 May 1990,
Decrete:
The amendments to Article 1 and Article 18 of the Agreement establishing the European Bank for Reconstruction and Development signed on 29 May 1990, to allow the Bank to operate in the countries of the southern and eastern part of the Mediterranean basin and to extend the use of special funds to potential recipient countries of the Bank, adopted in London on 30 September 2011, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs and International Development are responsible, each with respect to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
AMENDMENTS
ARTICLE 1ER AND ARTICLE 18 OF THE AGREEMENT OF THE EUROPEAN BANQUE FOR THE ECONOMIC AND DEVELOPMENT SIGNED ON 29 MAY 1990
Article 1 of the Agreement establishing the Bank is amended as follows (new text in italics):
Article 1
Subject
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.
Article 18 of the Agreement establishing the Bank is amended as follows (new text in italics):
Article 18
Special 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 conditions are those set out in Article 1 of 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.
Done on 15 December 2015.
François Hollande
By the President of the Republic:
The Prime Minister,
Manuel Valls
Minister for Foreign Affairs and International Development,
Laurent Fabius
