On The Amendment Of The European Bank For Reconstruction And Development In The Treaty

Original Language Title: Par grozījumiem Eiropas Rekonstrukcijas un attīstības bankas dibināšanas līgumā

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/247745


The Saeima has adopted and the President promulgated the following laws: on amendments to the European bank for reconstruction and development in the EC Treaty article 1. The amendments to the European bank for reconstruction and development in the Treaty (hereinafter referred to as the amendments), which had been approved by the European bank for reconstruction and development of the Board of Governors of 30 September 2011 resolution No 137 and 30 September 2011 resolution Nr. 138, with this law is adopted and approved. 2. article. Amendments to the proposed commitments coordinated by the Ministry of finance. 3. article. Amendments shall enter into force on the European bank of reconstruction and development of the Board of Governors of 30 September 2011 resolution No. 137 (3) and of 30 September 2011 resolutions No. 138 3. within the time limit laid down in paragraph 1 and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". 4. article. The law shall enter into force on the day following its promulgation. With the law put by the European bank for reconstruction and Development Board of Governors of 30 September 2011 resolution No 137 and 30 September 2011 resolution No. 138 in English and their translation into Latvian language. The Parliament adopted the law of 3 may 2012.
The President a. Smith in 2012 May 16, RESOLUTION NO. 137 amendment OF the agreement ESTABLISHING the EUROPEAN BANK FOR DEVELOPMENT AND development IN ORDER TO enable the BANK TO OPERATE IN countries OF the SOUTHERN AND EASTERN MEDITERRANEAN the BOARD OF GOVERNOR of Observing the historic changes occurring in North Africa and the Middle East;
Recalling Resolution Of. 134, possible Geographic Expansion of the Bank's Region of operations ' adopted on 21 May 2011, by which the Board of Governors asked the Board of Director to make recommendations to the Board of Governors with respect to, inter alia, an amendment of article 1 of the Agreement Establishing the European Bank for Development and development (the agreement) providing for an appropriate regional extension to the geographic scope of the EBRD's mandate and ' an appropriate mechanism to grant recipient country status to member countries within such extended region, while ensuring that any such extension should not require additional capital contributions or set the agreed scope and impact of the Bank's operations in the existing recipient countries; Recalling also the confirmation in the Board of Director of ' report on the Fourth Capital resources Review (CRR4) for the period 2011-2015, which was endorsed by the Board of Governors in Resolution No. 128, that remains a fundamental principles of graduation for the Bank; Having considered and being in agreement with the report of the Board of Directors to the Board of Governors on the Geographic expansion of the Bank's Operations in the Region of ' to the Southern and Eastern Mediterranean and its recommendations, inter alia, that the Board of Governors approve an amendment of article 1 of the agreement in order to enable the Bank to operate in countries of the Southern and Eastern Mediterranean;
NOW is THEREFORE HEREBY RESOLVE that: 1. the article 1 of the agreement be amended to read as follows: "article 1: purpose In contributing to economic progress and development, the purpose of the Bank shall be to foster the transition towards open market-oriented economies and to promote private and entrepreneurial initiative in the Central and Eastern European countries committed to and applying the principles of multiparty democracy , pluralism and market economics. Subject to the same conditions, the purpose of the Bank may also be carried out in Mongolia and in member countries of the Southern and Eastern Mediterranean as determined by the Bank upon the vote of affirmativ not less than two-thirds of the Governors, representing not less than three-fourth of the total voting power of the members. Accordingly, any reference in this agreement and its annex to "Central and Eastern European countries", "countries from Central and Eastern Europe", "recipient country (or countries)" or "recipient member country (or countries)" shall refer to Mongolia and each of such countries of the Southern and Eastern Mediterranean as well. " 2. the members of the Bank be asked they accept whethers the said amendment by (a) executing and depositing with the Bank an instrument stating that such member has accepted the said amendment in accordanc with its law and (b) evidence, in the form and furnishings of the substance satisfactory to the Bank, that the amendment has been accepted and the instrument of acceptance deposited in accordanc executed and with the law of that member. 3. The said amendment enter into force seven days after the date on which the Bank has formally confirmed to its members that the requirements for accepting the said amendment, as provided for in article 56 of the Agreement Establishing the Bank, have been met.
(Adopted 30 September 2011)
 
RESOLUTION OF. 138 amendment OF the agreement ESTABLISHING the EUROPEAN BANK FOR DEVELOPMENT AND development IN ORDER TO ALLOW the use OF SPECIAL funds IN recipient countries AND POTENTIAL recipient countries at the BOARD OF Governors Considering that, in adopting Resolution No. 137, the Board of Governors would approve an amendment of article 1 of the Agreement Establishing the European Bank for Development and development (the agreement) to which the Bank pursuan would be authorised to carry out its purpose in the countries of the Southern and Eastern Mediterranean; Recalling Resolution Of. 134, possible Geographic Expansion of the Bank's Region of operations ' adopted on 21 May 2011, by which the Board of Governors asked the Board of Director to make recommendations to the Board of Governors with respect to, inter alia, the possible further steps to allow the Bank's ' operations to start as early as possible in the prospective recipient countries of the extended region; Having considered and being in agreement with the report of the Board of Directors to the Board of Governors on the Geographic expansion of the Bank's Operations in the Region of ' to the Southern and Eastern Mediterranean and its recommendations, inter alia, that the Board of Governors approve an amendment of article 18 of the agreement in order to enable the Bank to use Special funds for special operations in the potential recipient countries; NOW is THEREFORE HEREBY RESOLVE that: 1. the article 18 of the agreement be amended to read as follows: "article 18: SPECIAL funds 1. (i) the Bank may accept the administration of Special funds which are designed to serve the purpose and come within the functions of the Bank in its recipient countries and potential recipient countries. The full cost of administering any such Special Fund shall be charged to that Special Fund. (ii) For the purpose of subparagraph (i), the Board of Governors may, at the request of a member which is not a recipient country, decide that such members had to a potential recipient country for such limited period and under such terms as may be advisabl se. Such decision shall be taken by the vote of affirmativ not less than two-thirds of the Governors, representing not less than three-fourth of the total voting power of the members.
(iii) the decision to allow a member to qualify as a potential recipient country can only be made if such member is able to meet the requirements for becoming a recipient country. Such requirements are those set out in article 1 of this agreement, as it read at the time of such decision or sharp it will read upon the entry into force of an amendment that has already been approved by the Board of Governors at the time of such decision. (iv) If a potential recipient country has not become a recipient country at the end of the period referred to in subparagraph (ii), the Bank shall cease forthwith any special operations in that country, except to those incident to the orderly realizations, conservation and preservation of the assets of the Special Fund and settlement of obligations that have arisen in connection therewith. 2. Special funds accepted by the Bank may be used in its recipient countries and potential recipient countries in any manner and on any terms and conditions consistent with the purpose and functions of the Bank, with the other applicable provision of this agreement, and with the agreement or agreements relating to such funds. 3. The Bank shall adop to such rules and regulations as may be required for the establishment, administration and use of each Special Fund. Such rules and regulations shall be consistent with the provision of this agreement, except for those expressly applicable only to the provision of their ordinary operations of the Bank. " 2. the members of the Bank be asked they accept whethers the said amendment by (a) executing and depositing with the Bank an instrument stating that such member has accepted the said amendment in accordanc with its law and (b) evidence, in the form and furnishings of the substance satisfactory to the Bank, that the amendment has been accepted and the instrument of acceptance deposited in accordanc executed and with the law of that member. 3. The said amendment enter into force seven days after the date on which the Bank has formally confirmed to its members that the requirements for accepting the said amendment, as provided for in article 56 of the agreement, have been met. (Adopted 30 September 2011) resolution 137 amendments to the European BANK for reconstruction and development in the Treaty so that the BANK could operate in the Eastern Mediterranean and the Western countries

The Board of GOVERNORS, taking into account historical changes in North Africa and the Middle East; taking into account the 21 May 2011-134. resolution "Bank transactions possible geographical expansion in the region", with which the Board of Governors asked the Board of Directors to submit recommendations to the Board of Governors for the European bank for reconstruction and development for the formation of the contract (contract) article 1 shall provide the appropriate geographical expansion in the region, according to the EBRD'S mandate and introduction of appropriate machinery for the granting of the status of Member States in the enlarged region, while ensuring that such expansion does not require any additional capital investment and does not affect the Bank's approved scope and impact on existing beneficiary countries; having regard to the report of the Board of Directors for the fourth capital resources review (4 K) for the period from 2011 to 2015 included evidence that beneficiary country status is a fundamental principle of the cancellation of the Bank by the Board of Governors approved a resolution 128; in the light of and in accordance with the Board of Directors report Board of Governors "Of the Bank's geographic expansion in the Eastern Mediterranean and the Western countries" and recommendations, including the recommendation of the Board of Governors to approve the amendment to article 1 of the Treaty, so that the Bank could act in the Eastern Mediterranean and the Western countries; With THIS decision: 1. Express agreement article 1 by the following: "article 1: purpose of contributing to economic development and reconstruction, the Bank aims to foster the transition towards open, market-oriented economies and to promote private and entrepreneurial initiative in the Central and Eastern European countries that committed to multi-party democracy and apply, as well as pluralism and market economy principles. Under these provisions the Bank's objectives can be implemented also in Mongolia and the Eastern Mediterranean and the Western countries, determined by the Bank on the basis of at least a two-thirds affirmative vote of the Governors, representing not less than three-fourths of the total voting rights. Thus, any reference in this contract and its annexes on "Central and Eastern European countries", "countries in Central and Eastern Europe", "recipient country (or countries)" or "beneficiary-Member State (States)" also applies to Mongolia and each of the Mediterranean countries in East and West. " 2. The Bank's members are asked whether they approve of the amendments referred to above, a) designing and submitting the Bank instrument that declares that the Member has consented to the amendment mentioned above according to its laws and regulations, and (b)) by the production of evidence acceptable to the Bank in a form and manner that the amendment is approved and the approval is completed and filed according to the Member's laws and regulations. 3. the above amendment into ability on the seventh day from the time when the Bank has officially confirmed that the above amendment requirements for approval under the agreement establishing the Bank article 56 has been met. (Approved 30 September 2011) resolution of Amendment 138. European BANK for reconstruction and development, of the Treaty, in order to be able to use special funds to the beneficiary countries and the potential beneficiary countries, the Board of GOVERNORS, taking into account that, in approving the resolution, the Governors of the 137 the Board could approve the amendment to the European bank for reconstruction and development for the formation of the contract (contract) in article 1, that the Bank would empower to fulfil its goal of the Eastern Mediterranean and the Western countries; taking into account the 21 May 2011-134. resolution "Bank transactions possible geographical expansion in the region", with which the Board of Governors asked the Board of Directors to submit recommendations to the Board of Governors in relation to possible further measures which would enable the Bank to start work as soon as possible to the beneficiary countries in the enlarged region; in the light of and in accordance with the Board of Directors report Board of Governors "Of the Bank's geographic expansion in the Eastern Mediterranean and the Western countries" and recommendations, including the recommendation of the Board of Governors to approve the amendment of article 18 of the Treaty, so that the Bank can use special funds for specific activities in potential beneficiary countries; With THIS decision: 1. Express agreement article 18 as follows: "article 18: SPECIAL funds 1. (i) the Bank may agree to manage special funds intended for the implementation of the objectives and functions of the Bank in the beneficiary countries and potential beneficiary countries. Any special fund administration costs are covered in full from this special fund. (ii) implementation of subparagraph (i), the Board of Trustees by Member who is not the beneficiary, may decide that the Member qualifies as a potential beneficiary country for a limited period of time and on reasonable terms. Such a decision shall be adopted by no less than a two-thirds affirmative vote of the Governors, representing not less than three-fourths of the total voting rights.
(iii) the decision to allow the participant to qualify as a potential beneficiary State may be accepted only if the participant meets the requirements to become a beneficiary country. These requirements are set out in article 1 of this agreement, in the version in force at the time of adoption of the decision, or what will be in effect at the time of adoption of the decision, the Governors of the enter into force of the amendment approved by the Executive Board. (iv) If (ii) the end of the period laid down in the potential beneficiary country does not become a beneficiary country, the Bank shall immediately terminate any special activities in the country, except those being taken to implement, sustain or protect particular fund assets and outstanding liabilities incurred in connection with it.
2. special funds, which the Bank has agreed to manage, can be used for recipient countries and potential beneficiary countries in such manner and on such terms and conditions consistent with the objectives and functions of the Bank, other applicable provisions of this Treaty, as well as with the agreement or agreements relating to such funds. 3. the Bank shall adopt such rules and regulations as may be required to create, manage, and use any such special funds. Such provisions are compatible with the terms of this agreement, except those provisions that explicitly, that they apply only to the Bank's ordinary operations. " 2. The Bank's members are asked whether they approve of the amendments referred to above, a) designing and submitting the Bank instrument that declares that the Member has consented to the amendment mentioned above according to its laws and regulations, and (b)) by the production of evidence acceptable to the Bank in a form and manner that the amendment is approved and the approval is completed and filed according to the Member's laws and regulations. 3. the above amendment into ability on the seventh day from the time when the Bank has officially confirmed that the above amendment requirements for approval under the agreement establishing the Bank article 56 has been met. (Approved 30 September 2011)