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An Agreement On The Transfer Of Contributions To A Single Relief Fund And Share It

Original Language Title: Par Nolīgumu par iemaksu pārskaitīšanu uz vienoto noregulējuma fondu un to kopīgošanu

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The Saeima has adopted and the President promulgated the following laws: an agreement on the transfer of contributions to a single Relief Fund and the sharing of article 1. 2014 May 21 agreement signed in Brussels on the contribution of the transfer to joint relief fund and share it (hereinafter referred to as the agreement) with this law is adopted and approved. 2. article. The agreement shall enter into force on its article 11 within the time and in order, and the Ministry of Foreign Affairs shall notify the official Edition of the "journal". 3. article. The law shall enter into force on the day following its promulgation. To put the agreement by law Latvian language. The Parliament adopted the law in 2014 October 30. The President a. Smith in Riga 2014 on November 15 agreement on the transfer of CONTRIBUTIONS to a single Relief Fund and the SHARING of the Contracting Parties, the Kingdom of Belgium, Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of Croatia, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria , The Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic and the Republic of Finland; Committed to complete the integrated financial system in the European Union, which as the Banking Union; Reminding the Council of the European Union of 18 December 2013 arrived at the decision of the representatives of the Member States of the euro area on how to negotiate and to conclude an intergovernmental agreement on Joint Relief Fund (the "Fund"), established under a regulation of the European Parliament and of the Council establishing the same rules and a common procedure for the supervision of credit institutions and certain investment brokerage firm, using a single interlocutory relief mechanism and a single bank Relief Fund ("EOM regulation") 1 and it added powers; WHEREAS: (1) the European Union spent years has adopted a number of important legislative measures to complete the internal market in financial services and ensure financial stability in the euro area, and both within the Union, as well as to move towards deeper economic and Monetary Union. (2) the European Council in June 2009, called for the creation of a "European single rule book applicable to all financial institutions in the single market". Thus, the European Parliament and Council Regulation (EU) no 575/20132 and the directive of the European Parliament and of the Council 13/36/ES3, the Union has created a single set of harmonised rules prudenciāl that credit institutions throughout the Union must be respected. (3) in addition, the Union has created a European supervision authorities (ESAs), which is entrusted with a number of supervisory tasks mikroprudenciāl. They are the European banking authority (EBA), established by a regulation of the European Parliament and of the Council (EU) no 1093/20104, the European insurance and occupational pensions authority (EAAP) established by a regulation of the European Parliament and of the Council (EU) no 1094/20105 and the European Securities and markets authority (ESMA), established by a regulation of the European Parliament and of the Council (EC) No 1095/20106. It followed up the European systemic risk Board established by a regulation of the European Parliament and of the Council (EU) no 1092/20107, which was entrusted with the supervision of some makroprudenciāl functions. (4) the Union has set up a joint monitoring mechanism Council Regulation (EU) no 1024/20138, which the European Central bank (ECB) assigns specific tasks concerning policies relating to the supervision of credit institutions prudenciāl, giving the ECB, in cooperation with national competent authorities, supervisory powers in relation to credit institutions established in Member States whose currency is the euro, and the Member States whose currency is not the euro, and which have established close cooperation with the ECB, for monitoring purposes (the "participating Member States"). (5) the European Parliament and Council directive establishing of credit institutions and investment firms, rehabilitation and adjustment mode ("BURR directive") 9, the Union is harmonising national legislation on the supervision of credit institutions and certain investment brokerage firm measures, including establishing a national relief funding mechanisms. (6) the European Council of 2012, December 13 and 14 in the conclusions stated that "in a situation where the banking supervision is effectively transferred to the monitoring mechanism of the single, will require a single adjustment mechanism with powers that are necessary to ensure that the appropriate tools can bring relief to any bank Member States concerned". The European Council of 2012, December 13 and 14 in the conclusions stated that ' the single adjustment mechanism should be based on the same investment in the financial sector and should include appropriate and effective support measures. This support should be fiscally neutral over the medium term, to ensure that public aid is recovered by imposing ex post financial industry taxes. " In these circumstances, the EU EOM has been adopted by the regulation establishing the same rules and a common procedure for the supervision of credit institutions and certain investment brokerage firm measures, using a single adjustment mechanism and joint President of the Foundation of the bank. The regulation establishes a centralised EOM interlocutory decision making system, which the Fund allocation of sufficient financial resources. VNM shall apply units located in the participating Member States. (7) with the EOM regulation establishes in particular the Fund, as well as its use. BURR directive and regulation does EOM general criteria to determine and calculate credit ex ante and ex post the contributions necessary to finance the Fund, as well as the obligation of Member States to collect them at the national level. However, the participating Member States, which attracts their areas located by the authorities under the directive and the regulation of EOM BURR, remain competent as regards the contribution of the funds transfer. Duty to country level contributions linked to transfer the funds resulting from Union law. Such a duty set by the agreement, which lays down the conditions under which the Contracting Parties shall, within the limits of their respective constitutional requirements, jointly agreed to transfer to the Fund contributions for which they attract national level. (8) Each Member State concerned to transfer competence linked to contributions at the national level should be implemented in such a way that they comply with the principle of loyal cooperation enshrined in the Treaty on European Union (TEU) article 4, paragraph 3, under which the Member States inter alia to facilitate the tasks of the Union and shall refrain from any measure which could jeopardise the attainment of the objectives of the Union. For this reason, the Member States concerned should ensure that financial resources would be channelled in a consistent manner to the Fund to ensure its proper operation. (9) the Contracting Parties are parties to this agreement, respectively, each of them among other duties determined at national level, linked to the contributions to the fund transfer under the common criteria, procedures and conditions, namely, during the transition period, they attract contributions at the national level, various compartments, which are related to each of the Member States, and use advanced sharing the compartment in such a way that at the end of the transitional period would be no partition. (10) the contracting parties recall that their purpose is to maintain fair conditions of competition and to minimise adjustment costs to taxpayers, and to plan the contribution to the Fund and their tax treatment, they will be taken into account in the banking industry's overall burden. (11) the content of this agreement covers only the specific elements of the Fund, which remains within the competence of the Member States. As such, this agreement does not affect the uniform rules laid down by Union law and does not change their scope. Rather, it is intended as a supplement to the Union's legislation on banking settlement, and it supports and is inextricably linked with the Union's policies, in particular the single market in financial services. (12) national laws and regulations which implement Directive, including BURR, related to national funding mechanisms, start to apply from 1 January 2015. Rules on the establishment of the Fund in accordance with the regulation will in principle the EOM should apply from 1 January 2016. Consequently, the Contracting Parties will attract contributions for State relief funding mechanism, which must establish to the EOM date of application of the regulation, when they started to raise Fund for contributions. To strengthen the financing capacity of the VNF already from the very beginning of its operations, the Contracting Parties undertake to transfer the Fund to the contributions that they have raised, on the basis of the directive until BURR EOM date of application of the regulation. (13) it is recognised that there may be situations when the resources available in the Fund are not sufficient to carry out relief operations, and when the ex-post contributions that would be attracted to cover the additional amount required is not immediately available. According to the Eurogroup and the ECOFIN Council on 18 December 2013, to ensure continued adequate funding during the transitional period, the contracting parties concerned, in particular settlement activity should be temporary funding from public sources or the European stability mechanism ("am") in accordance with agreed procedures, including temporary transfer opportunities between bins. The Contracting Parties should have procedures that allow timely to consider any request for interim financing. The transition period will be developed for joint support. Such support will enhance the Fund's loans. Banking industry eventually will be responsible for the repayment of contributions in all participating Member States, including ex-post contributions. These mechanisms provide rights and obligations in terms of equal treatment and the transition period, both in a stable situation, all parties, participating in the joint monitoring mechanism and joint relief mechanism, including Contracting Parties which will join at a later stage. These mechanisms will respect fair competition conditions for the Member States not participating in the joint monitoring mechanism and joint relief mechanism. (14) the agreement should be ratified by all the Member States whose currency is the euro, and the Member States whose currency is not the euro, and participating in the joint monitoring mechanism and joint relief mechanism. (15) the Member States whose currency is not the euro, and which are not Contracting Parties, should accede to this agreement, with all the rights and obligations of a Contracting Party, of the day when they actually take the euro as a currency, or from the date of entry into force of the ECB decision on the close cooperation of Regulation (EU) no 1024/13 paragraph 2 of article 7. (16) the representatives of the Governments of the Member States in 2014 on May 21, allowed the parties to ask the joint European Commission and President of the Management Board ("the Board") to implement the tasks provided for in this agreement. (17) article 15 of the regulation in the VNM after its adoption is provided for in the General principles applicable to settlement, under which the authorities bear shareholders its first loss and adjustable body creditors bear losses after shareholders according to their order of priority of claims. EOM article 27 of the regulation provides for the internal tool if the recapitalisation, the shareholder equity and the corresponding obligations of the holder using the write-off or conversion, or other method, have made contributions to the absorption of losses and recapitalisation, which is equal to an amount that is not less than 8% of its total commitments of the authority, including equity, measured the lifetime of the application in accordance with article 20 of the regulation in the EOM for the evaluation; and it is required to fund the contribution does not exceed 5% of its total commitments of the authority, including equity, measured the lifetime of the application in accordance with article 20 of the regulation in the VNM expected scoring, except all unsecured, not privileged, which is not under the deposits are fully written down or converted. In addition, VNM, 52. regulation 18 and article 55 of its initial adoption is for a number of procedural rules for the Board and the Union's decision-making institutions. These are essential elements of the regulation EOM basis to the Contracting Parties agree that this agreement is binding on them. (18) the Contracting Parties recognize that the Vienna Convention on the law of treaties, as well as relevant provisions of customary international law applicable to all relevant circumstances of the changes that have occurred against their will and which affect the essential basis of the consent of the Contracting Parties to be provided to comply with the provisions of this agreement, as mentioned in recital 17. The Contracting Parties shall, in accordance with public international law may refer to the consequences arising from any major change in their circumstances that have occurred against their will. If a contracting party invokes these effects, any other party may apply to the Court of Justice of the European Union (the "Court"). The Court should be empowered to examine any relevant change of circumstances and the consequences resulting from them. The Contracting Parties recognize that the reference to the consequences of any referred to in recital 17 of regulation element EOM repeal or amendment that the opposite of any of the Contracting Parties will and which would affect the fundamental basis for their consent to the provisions of this agreement be declared binding, they will create a dispute about the application of this agreement, the Treaty on the functioning of the European Union (TFEU) within the meaning of article 273, which consequently may be submitted to the Court on the basis of that provision. Any Contracting Party may also ask the Court to impose provisional measures in accordance with article 278 TFEU and article 160-162 reglamenta10. Addressing the cause of the dispute and deciding on the grant of provisional measures, the Court should take into account the obligations of the Contracting Parties in accordance with the LES and ARTICLES, including those relating to the joint settlement mechanism and its integrity. (19) to determine whether the Union's institutions, the Executive Board and the President of the national authorities apply the internal tools that recapitalisation is compatible with Union law, the jurisdiction of the Court of Justice in accordance with the legal remedies provided for in the LES and ARTICLES, namely, ARTICLES 258, 259, 260.., 263.265 and 266,.. (20) in this agreement, the rights and obligations as the instruments of public international law to apply the principle of reciprocity. Therefore, each of the Contracting Parties to provide consent to this agreement are independent of each Contracting Party shall determine the rights and obligations equivalent to implementation. Thus, the infringement of any Contracting Party, does not follow the obligation to transfer the contributions to the Fund should include the removal of units from the access Fund, which authorized on their territory. The Management Board and the Court should be empowered to determine and announce whether the Contracting Party has violated its obligations to pay contributions in accordance with the procedures provided for in this agreement. The Contracting Parties recognize that the obligation to pay contributions only in the legal consequences will be, of the Contracting Party which has made a breach, exclusion from access to financing by the Fund and that it does not affect the obligations of the other Contracting Parties in accordance with the agreement. (21) this agreement provides a mechanism under which the Contracting Parties undertake jointly, without delay and with interest payment of compensation to any Member State which is not participating in the joint monitoring mechanism and joint relief mechanism for the amount that the Member State involved is not paid under the own resources entered in the general budget of the Union for use in case of non-contractual liability and related costs in respect of the exercise of the powers of the institutions of the Union in accordance with the regulation of the EOM. The responsibility of each participating Member State in accordance with this order should be separate and individual, not collective, and solidarity, and thus for each of the Member States concerned should be responsible only for its part of the responsibility of the compensation determined in accordance with this agreement. (22) the dispute which arises between the Contracting Parties concerning the interpretation or application of this agreement, including on the fulfilment of the obligations provided for, should be submitted to the Court's jurisdiction under ARTICLE 273 article. the Member States whose currency is not the euro, and which are not Contracting Parties to this agreement, it should be possible to submit to the Court any contentious issue as to the interpretation and application of the provisions governing compensation in cases of non-contractual liability and related costs, as provided for in this agreement. (23) the Contracting Parties that subscribe to the joint monitoring mechanism and joint relief mechanism in date later than the date of application of this agreement, contributions should be transferred, subject to the principle of equal treatment in relation to any Contracting Party which participates in the joint monitoring mechanism and joint relief mechanism in the application of this agreement. The Contracting Parties participating in the joint monitoring mechanism and joint relief mechanism in the application at the date of this agreement, do not have to bear the burden in connection with the settlement of cases for which the investments were to be made to the Contracting Parties ' national financing mechanisms, which joined later. Also, you don't need to take the last settlement of costs incurred before the date on which they became a participating Member States, for which the responsibility should lie with the Fund. (24) if the Contracting Party in whose currency is not the euro, in close cooperation with the ECB in the event of termination in accordance with the Regulation (EU) no 1024/2013 article 7, a decision of the contracting parties concerned a fair distribution of contributions accumulated should be adopted, taking into account both the contracting parties concerned, both in the interests of the Fund. Article 4 of the regulation by the EOM (3) lay down the arrangements, criteria and procedures as the Board agreed with the Member States, subject to termination, close cooperation on the recovery of contributions that are transferred by that Member State. (25) fully respecting the European Union's underlying contract procedures and requirements, the objective of the Contracting Parties to this agreement are the most important in accordance with the provisions of ARTICLES as soon as possible and the TEU to include the legal framework of the Union, have agreed upon the following provisions. Title I objective and scope article 1 1. By this agreement the Contracting Parties undertake: (a)) at the national level the associated contributions in accordance with the directive and the regulation of EOM BURR to transfer to the single Relief Fund (the "Fund"), established by that regulation, b) transitional period starting from the date of application of this agreement, as defined in article 12 of this agreement, (2), and ends on the day when the Fund has reached regulation 68. EOM article targets the but no later than 7 years after the date of application of this agreement (transition period), obtained at national level, in accordance with the regulation and the directive of the EOM BURR assign different compartments that are related to each of the Contracting Parties. To use the bin will apply advanced sharing in such a way that at the end of the transitional period will no longer be a partition, thus supporting the efficient action of the Fund and activities. 2. This agreement shall apply to the Contracting Parties to which the institutions apply the single supervisory mechanism and joint relief mechanism in accordance with the relevant provisions of Regulation (EU) no 1024/2013 and the EOM in the Regulation (the Contracting Parties participating in the joint monitoring mechanism and joint relief mechanism). Title II compliance and the link with Union law article 2 1. Parties this agreement applied and interpreted according to the treaties on which the European Union is based on and in line with European Union law, in particular article 4 TEU and Union law on the settlement of the institutions. 2. This agreement shall apply, in so far as it is compatible with the treaties that created the European Union and with Union law. With their offensive action by the Union's competence in the field of the internal market. 3. for the purposes of this agreement, the respective EOM article 3 of the regulation the definitions. Title III transfer of contributions and the partitions article 3 transfer of contributions 1. the Contracting Parties undertake to jointly fund an irrevocable transfer of the contributions come from the bodies authorized in their territory, according to the EOM and 70 of the regulation article 69 and in accordance with the criteria laid down in articles and in the implementation of legislation and delegated to which they refer. Transfer of contributions under this agreement article 4-10 the conditions. 2. The Contracting Parties shall each year eligible ex-ante deposit transfer no later than 30 June of that year. Ex ante deposit to fund the initial transfer will take place by 2016 at the latest 30 June or, if by that date the agreement has entered into force, not later than six months after the date of its entry into force. 3. the Contracting Parties shall, in accordance with the directive and 103 BURR article 104 until the date of application of this agreement, linked to contributions paid to the Fund until 2016 at the latest January 31, or, if by that date the agreement has entered into force, not later than one month after the date of its entry into force. 4. Any amount which the contracting parties responsible for the funding mechanism for relief activities in the territory of the cost before the date of application of this agreement, shall be deducted from the contributions which that Contracting Party are to be transferred to the Fund, as referred to in paragraph 3. In such a case, the Contracting Party concerned is still obliged to fund transfer amount, which is equivalent to the amount which would have been necessary, in accordance with article 102 of Directive BURR and within reach of its relief funding mechanism targets. 5. the Contracting Parties shall carry out ex post transfer of contributions immediately after their collection. Article 4 compartments 1. During the transitional period, the national level linked to contributions transferred to a Fund in such a way that they assign a partition for each of the Contracting Parties. 2. each Contracting Party shall comply with the subdivision of the total of the contributions to be paid by the authorities which are authorized in its territory, each according to the EOM 68.69. Regulation and article and those delegated and implementing acts. 3. on the date of entry into force of this agreement the Board only information creates a list of the detailed description of each of the Contracting Parties of the partition. That list shall be updated annually during the transition period. 5. Article 1 of the operations Compartment If, in accordance with the relevant provisions of the regulation are EOM decided to use the Fund, the Board is empowered to deal with the Fund as follows: (a) the partitions), costs of the bins, which refers to the Contracting Party in which its authorities may groups established or they have been granted a permit. If you need to adjust the cross-border group, costs are distributed among the various compartments, which refers to the Contracting Party in which the parent and its subsidiaries are established or have been granted a permit, in proportion to the relative amount of contribution by each of its groups units have paid in their respective compartments in relation to the total amount of contribution by all Group entities have lodged their national sections. If the Contracting Party in which the parent undertaking or a subsidiary or establishment of the authorization has been granted, it is considered that the criteria referred to in the first subparagraph, the application of the cost distribution of high asymmetry in the distribution of costs between the compartments and the unit, subject to adjustment, risk profiles, it may ask the Board in addition to and without delay to consider the criteria provided for in the directive Article 107 BURR point 5. If the Board does not meet the relevant Contracting Parties submitted the request, it will explain its position publicly. The amount of financial resources available for sections, relating to the first part of those Contracting Parties, up to the cost of each partition must be borne by the State in accordance with the first and second part of the cost sharing criteria, use the following forms:-in the first year of the transitional period, the use of all financial resources available in these compartments; -the transition period in the second and third year respectively to 60% and 40% of the financial resources available in these compartments; -the transition period in the coming years the availability of financial resources, which are the sections relating to the contracting parties concerned, every year decreases by 6 percentage points ⅔. The annual reduction in relation to the available financial resources sections, relating to the contracting parties concerned, is split evenly by quarter; (b)) other all if the financial resources are available (a)) in the relevant sections of the Contracting Parties is not sufficient to comply with article 75 of the regulation in the EOM said the task of the Fund, financial resources are being used, which is available in the Fund sections, which apply to all Contracting Parties. All the compartments of the Contracting Parties, the available financial resources are added, pursuant to the third subparagraph, the amount specified in the remaining countries the financial resources which relate to contracting parties affected by the settlement referred to in subparagraph (a)). Cross-border group relief in such cases, the financial resources available for distribution between the Contracting Parties in accordance with this bin first and second part of cost allocation followed the same key, as is laid down in subparagraph (a)). If the authority or authorities which granted permission, is one of the contracting parties concerned, subject to the application of the group, everything is not required under this subparagraph (b)) the financial resources available under this set b) available financial resources that are not required, are used to adjust the unit, which has received authorization in other Contracting Parties, subject to the application of the group. In the transitional period, all of the countries of each of the Contracting Parties shall use the following partitions:-the transition period in the first and second years respectively to 40% and 60% of the financial resources available in these compartments; -the transition period in the coming years the availability of financial resources, which is in these compartments, each year increased by 6 percentage points to ⅔. The annual increase in relation to the availability of financial resources, which is in all Contracting Parties of each State is divided into compartments, evenly by quarter; (c)) the third all if funds are used in accordance with (b)), not enough to meet the regulation article 75 EOM Fund referred to in the assignment, use any remaining funds sections, relating to (a)) referred to the contracting parties concerned. Cross-border group relief in case of using it for the contracting parties concerned, which have not provided sufficient financial resources in accordance with (a)) and (b)), in relation to the unit of the application authorization has been granted in their territories. The contributions of each bin determines under subparagraph (a)) the intended cost sharing criterion; (d)), and the fourth (e) without prejudice to the Board) referred to the powers referred to in subparagraph (c)), if the financial resources are not sufficient to cover the cost of special relief operations, as referred to in point (a)) of the Contracting Party concerned, to fund emergency ex post payments from the bodies authorized by their respective territories attached to the regulation, in accordance with article 70 of the EOM provided criteria. Cross-border group relief in case of ex-post contributions transfers out of its contracting parties concerned, which have not provided sufficient financial resources in accordance with (a), (b) and (c)))), in relation to the unit for which the authorization has been granted, the settlement of their territories; e) If (c)) the above financial means are not sufficient to cover the cost of special relief operations, and while d) emergency referred to ex post contributions is not immediately available, including for reasons related to the stability of the institutions, the Board may exercise its right to conclude contracts for the loans or other aid under regulation 72. EOM and article 73 or its right to make temporary transfers between compartments in accordance with article 7 of this agreement. If the Board decides to implement the first part of the said right, d) referred to the contracting parties concerned transferred to fund emergency ex post contributions to repay the loans or other types of support or temporary transfers between compartments. 2. Income from the investment of amounts that are transferred to the Fund in accordance with article 74 of the regulation of the EOM, is assigned to each of the compartments pro rata, based on their available financial means, excluding any claims or irrevocable commitments EOM article 75 of the regulation, applicable to each compartment. Income from the operation of the application by the Fund investments can be made in accordance with article 75 of the regulation of the EOM, assigned to each of the compartments pro rata, based on their respective contributions to the activities of a special adjustment. 3. at the end of the transitional period, all partitions combined, and they cease to exist. Article 6 additional ex ante transfers of contributions and benchmarks 1. Contracting Parties shall ensure that, where appropriate, in addition to funds with ex ante the contributions payable to the EOM article 68 of the regulation and article 2 3 and 5 (a) of article) in the periods specified in paragraph to the extent needed to achieve the EOM article 68 of the regulation referred to in paragraph 1 targets. 2. During the transitional period of the transfer of contributions in relation to the addition of distributed partition between the following: (a) the parties to the application) the Contracting Parties shall transfer it for its contributions to the partition part to which are not yet covered by the share in accordance with article 5, paragraph 1 (a)) and (b)); (b)) all the Contracting Parties to the contributions remitted to the appropriate part of your bin to which the share in accordance with article 5, paragraph 1 (a)) and (b)). Article 7 temporary transfers between compartments 1. Without prejudice to article 5, paragraph 1 (a)), (d)) the obligations provided for in the settlement the parties involved in the transitional period can ask the Board to use their share of the financial resources available in the Fund sections, is not yet shared and applies to other Contracting Parties. In such a case, the contracting parties concerned then until the expiry of the transitional period, to fund emergency ex post contributions for an amount which corresponds to the amount received by it in the bin, and accrued interest, so that the other partitions are reimbursed. 2. The amount at the time of each transfer from bin to bin, the recipients are proportionate to their size, as specified in article 4, paragraph 2, and shall not exceed 50% of the financial resources available in each compartment, which are not yet covered by the sharing. Cross-border group relief in the case of the following allocation of available financial resources among the bins of the Contracting Parties in accordance with this paragraph shall comply with the same key cost allocation, which is fixed in article 5, paragraph 1 (a)). 3. Decisions of the Management Board in respect of the request referred to in paragraph 1 for the temporary transfer of financial resources between partitions shall be adopted by the plenary session, a simple majority of the members, as defined in article 52 of the regulation EOM (1). The decision on the temporary transfer, the Management Board shall specify the interest rate, period of reimbursement and other provisions relating to the transfer of financial resources between partitions. 4. the decision of the Board agreed that in paragraph 3 of the temporary transfer of financial resources, can only enter into force if any of the Contracting Parties from which the partition is made the transfer, four calendar days after the adoption of the decision to not object to it. In the transitional period, the Contracting Parties right to object may be implemented only if a) it may be necessary for the financial resources of the country's partition, which refers to it in the near future to fund the relief operation, or if the temporary transfer of its territory at risk ongoing relief operation; (b) the temporary transfer of a busy) more than 25% of the State's portion of the partition to which you want to share does not apply, in accordance with article 5, paragraph 1 (a)) and (b)); or (c)) it considers that the contracting party to which the partition is obtained from the temporary transfer, does not guarantee the repayment of State aid from sources or am under the procedures adopted. A Contracting Party which intends to raise objections, properly justified any of subparagraphs (a) to (c))) the above conditions. If objection is expressed in accordance with this paragraph, the Executive Board decision on the temporary transfer is accepted, does not include the opposition expressed their partitions of the Contracting Parties of the financial means. 5. If the authority of the Contracting Party from which the partition is transferred financial resources in accordance with this article shall apply to the adjustment, that Contracting Party may ask the Board to transfer from the Fund to its partition that corresponds to the amount originally transferred from that partition. The Board immediately after making such request to immediately agree on a transfer. In such a case, the Contracting Parties, which initially benefited from the temporary use of financial resources, is responsible for fund transfer to the Contracting Party concerned, the amounts allocated pursuant to the first subparagraph in accordance with the following rules of the Board. 6. the Management Board shall determine the general criteria for laying down the conditions under which this article is carried out in the temporary transfer of financial resources between partitions. Article 8 the Contracting Parties whose currency is not the euro 1. If the day following the date of entry into force of this agreement in accordance with article 12, paragraph 2 of the Council of the European Union adopted a decision repealing the derogation, Contracting Parties whose currency is not the euro, as defined in ARTICLE 139, paragraph 1 of the article, or the exemption, as mentioned in the ARTICLE and in Protocol annexed TEU (No 16) on certain provisions relating to Denmark ("Protocol on certain provisions relating to Denmark") or, in the absence of such a decision, the Contracting Party in whose currency is not the euro, becomes the joint monitoring mechanism and joint relief mechanism, the Fund transferred the territory attached to the payment amount, which corresponds to the part of the public partition common benchmarks calculated in accordance with article 4, paragraph 2, and thus corresponds to the amount which the Contracting Party concerned would be transferred if it had participated in the joint monitoring mechanism and joint relief mechanism of article 12 (2) the date referred to in This agreement shall apply. 2. Any amount paid referred to in paragraph 1 the contracting parties responsible for the funding mechanism for relief activities in its territory, shall be deducted from the amounts that Contracting Party pursuant to paragraph 1 is to be transferred to the Fund. In such a case, the Contracting Party concerned is still obliged to fund transfer amount, which is equivalent to the amount which would have been necessary, in accordance with article 102 of Directive BURR and within reach of its adjustment mechanism targets. 3. The Management Board shall, in agreement with the Contracting Party concerned, establish the precise amount of contributions that must be paid in accordance with paragraphs 1 and 2 with the criteria set out in. 4. The Fund shall not bear the costs of any settlement activity, which is performed by the Contracting Parties whose currency is not the euro area prior to the date of entry into force of the decision to cancel the derogation laid down in ARTICLE 139, paragraph 1 of the article, or the derogation referred to in the Protocol on certain provisions relating to Denmark, or before the date of entry into force of the decision of the ECB on close cooperation Regulation (EU) no 1024/13 paragraph 2 of article 7. If the ECB in its comprehensive Regulation (EU) no 1024/2013 article 7 paragraph 2 (b)) of the credit institutions referred to in the assessment consider any of the relevant authorities of the Contracting Parties is or may become insolvent, said President of the credit activities are not borne by the President of the Fund. 5. If, in close cooperation with the ECB is interrupted, the contribution from the transferred to the Contracting Party, subject to termination, shall be recovered in accordance with article 4 of the regulation the EOM 3. The close cooperation with the ECB, the suspension shall not affect the right of Contracting Parties, and the obligations arising from the settlement of transactions that took place during a period when on those Contracting Parties subject to this agreement, and which are related to:-the transfer of ex-post contributions in accordance with article 5, paragraph 1 (d)), the replenishment of the Fund, in accordance with article 6, and-provisional transfer between compartments in accordance with article 7. Article 9 Settlement of general principles and objectives of the Fund 1, compliance with the common use and transfer of contributions to the Fund depends on how permanent is the President of the legal framework, which is equivalent to the following the rules EOM led at least to the same results as those rules and change them: a) on the application of the rules of procedure, the adoption of the scheme, as provided for in article 18 of the regulation EOM; (b) adoption of the decision of the Executive Board) rules, as provided for in regulation 52 and EOM article 55; (c) article 15 of the regulation, VNM) establishes the General principles relating to the peaceful settlement, namely the principle that the authorities bear shareholders its first loss and that creditors bear the authority of its losses after the shareholders according to their order of priority of claims, which secured the points (a) and (b))); (d)) of article 22 of the regulation EOM referred to in paragraph 2, the provisions on the settlement of instruments, in particular those relating to the internal application of the instruments of the recapitalisation, as laid down in article 27 of the regulation in the EOM and BURR 43 and 44 of directive.. Article and the specific limit values laid down therein in relation to loss cover shareholders and creditors, and the Fund's investment activity in a given settlement. 2. If the application referred to in paragraph 1, the rules laid down in the regulation, in its original EOM acceptance, are cancelled or otherwise amended by the opposite of one of the Contracting Parties will, including internal rules, if the recapitalisation are taken in a way that does not have an equivalent or at least lead to the same result and no less stringent than those resulting from the EOM, in its initial regulation was adopted, and if this Contracting Party shall exercise their rights in accordance with public international law with regard to major changes in circumstances any Contracting Party may, on the basis of article 14 of this agreement, request the Court to determine whether, in accordance with public international law the General principles there is any significant change of circumstances and what comes of it. Any Contracting Party may in his application to ask the Court to suspend the operation of the measure, which is the subject of the dispute, and in this case the article 278 TFEU and 160 of the rules of procedure of the Court-article 162. 3. the procedure referred to in paragraph 2 shall be without prejudice or affect in any way the ARTICLES 258, 259, 260..., 265 and 266 263. the legal protection provided for in article features. Article 10 conformity 1. the Contracting Parties shall take the necessary measures in their national legal systems, to ensure that their obligations are met jointly to transfer contribution under this agreement. 2. Without prejudice to the powers of the Court in accordance with article 14 of this agreement, the Management Board, acting on its own initiative or at the request of a Contracting Party, may consider whether a Contracting Party has not fulfilled its obligations to fund the transfer of contributions, as provided for in this agreement. If the Board finds that a Contracting Party has not fulfilled its obligations to transfer contributions, it determines the period to which the Contracting Party concerned must take the necessary measures to prevent infringement. If the Contracting Party in question fails to take the necessary steps to prevent the period set by the Board, the partition of all the Contracting Parties, as defined in article 5, paragraph 1 (b)), will be turned off in connection with the adjustment of the institutions, which are authorized in the country of the Contracting Party. This exclusion shall cease to apply from the time when the Board determines that the Contracting Party concerned has taken the necessary measures to prevent infringement. 3. for the purposes of this article, decisions of the Board provided with a simple majority, adopt a Chairman and EOM article of regulation 43 1 b) referred members of the Executive Board. Title IV General and final provisions article 11 ratification, approval or acceptance and entry into force 1 This agreement shall be subject to ratification, acceptance or approval it signatories in accordance with their respective constitutional requirements. Instruments of ratification, acceptance or approval shall be deposited with the General Secretariat of the Council of the European Union (the "depositary"). The depositary shall notify the other signatories of each deposit and the date thereof. 2. This agreement shall enter into force on the first day of the second month following the date on which the instrument of ratification, acceptance or approval is deposited signatories, participating in the joint monitoring mechanism and joint relief mechanism, representing not less than 90% of the total weighted votes of all Member States of the quantities, participating in the joint monitoring mechanism and joint relief mechanism as set out in the Protocol (No 36) on the transitional provisions annexed to the TEU and the TFEU. 12. Article 1 of the application of this Agreement shall apply between the Contracting Parties which have submitted the instrument of ratification, acceptance or approval, provided that before the entry into force of the regulation, VNM. 2. subject to paragraph 1 of this article and provided that this agreement has entered into force in accordance with article 11, paragraph 2 it shall apply from 1 January 2016, the parties participating in the joint monitoring mechanism and joint relief mechanism and which have submitted their instruments of ratification, approval or acceptance of instruments by that date. If this agreement has not entered into force until 1 January 2016, it shall apply from the date of its entry into force between the Contracting Parties participating in the joint monitoring mechanism and joint relief mechanism and which have submitted their instruments of ratification, approval or acceptance of instruments by that date. 3. the Contracting Parties participating in the joint monitoring mechanism and joint relief mechanism and which have not submitted their instruments of ratification, approval or acceptance of the attachments to the application referred to in paragraph 2, the date of this Agreement shall apply from the first day of the month following the deposit of their instruments of ratification, approval or acceptance of the deposit of the instruments of the day. 4. This agreement does not apply to Contracting Parties to this agreement to the date of application is submitted the instrument of ratification, acceptance or approval, but not participating in the joint monitoring mechanism and joint relief mechanism. However, those Contracting Parties article 14 referred to in paragraph 2 of the special agreement, the parties to this agreement as from the date of application to submit to the Court any disputes about article 15 interpretation and application. In the first part, those Contracting Parties it shall apply from the date of entry into force of the decision of abolishing the derogation, as defined in ARTICLE 139, paragraph 1 of the article, or the exemption as referred to in the Protocol on certain provisions relating to Denmark, or failing that, from the date of entry into force of the Regulation (EU) no 1024/13 article 7, paragraph 2 of the ECB decision on the close cooperation. Pursuant to article 8, the parties, which have formed of Regulation (EU) no 1024/13 article 7, paragraph 2 of the close cooperation with the ECB, this Agreement shall cease to apply from the date of this close cooperation is terminated in accordance with article 7 of that regulation in point 8. Article 13 this agreement of accession can join the Member States which are not Contracting Parties. Pursuant to article 8, paragraphs 1-3, accession is in effect at the time the instrument of accession is deposited to the depositary, which shall notify the other Contracting Parties. The text of this agreement, the Member State which, in the national language, which is also the official language of the institutions of the Union, carried out by the Contracting Parties, shall be deposited in the archives of the depositary of authentication as the authentic text of the agreement. Article 14 settlement of disputes 1. If any party disagrees with the other Contracting Party regarding any interpretation of the provisions of this agreement or it considers that the other Contracting Party has failed to fulfil its obligations under this agreement, it may bring the matter before the Court of Justice. Judgment of the Court is binding on all the parties to the proceedings. If the Court finds that a Contracting Party has not fulfilled its obligations under this agreement, the Contracting Party concerned shall take the necessary measures to comply with the judgment of the Court of Justice of the period. If the Contracting Party in question fails to take the necessary steps to prevent the period laid down by the Court, all the Contracting Parties to use bins, as laid down in article 5, paragraph 1 (b)), will be turned off for the bodies to which authorization has been granted in the territory of the Contracting Party concerned. 2. This article is a specific agreement between the parties WITHIN the meaning of article 273. 3. Member States whose currency is not the euro, and which have not ratified this agreement may notify the depositary of their intention to be on paragraph 2 of this article, the specific agreement referred members to submit to the Court any disputes about article 15 interpretation and application. The depositary shall notify the parties of the notifications of the Member States, after which the notification, the Member State concerned becomes paragraph 2 of this article, the specific agreement referred to in this paragraph, a member of the described destination. Article 15 compensation 1. Contracting Parties undertake jointly, without delay and with interest payment of compensation to any Member State which is not participating in the joint monitoring mechanism and joint relief mechanism ("non-Member State"), about the amount that the Member State concerned is not paid under the own resources entered in the general budget of the Union for use in case of non-contractual liability and related costs in respect of the exercise of the powers of the institutions of the Union in accordance with the regulation of the EOM. 2. the amount which it considers each of the non-participating Member State investment in non-contractual liability and related costs shall be determined proportionally, based on their respective national income, determined in accordance with paragraph 7 of article 2 of Council decision 2007/436/EC, Euratom(11), or under any of the following legal acts of the Union, that it shall be amended or repealed. 3. the compensation shall be apportioned between the parties proportionally, based on the amount of national income, determined in accordance with paragraph 7 of article 2 of Council decision 2007/436/EC, Euratom or in accordance with any future Union legislation that it shall be amended or repealed. 4. the Member States concerned, the refund shall be paid on dates when there is a record in the accounts referred to in Council Regulation (EC, Euratom) No 1150/200012 article 9, paragraph 1, or in accordance with any future Union legislation that it shall be amended or repealed, the amounts that correspond to the payments from the budget of the Union, to settle for non-contractual liability and related costs after the adoption of an amending budget. Any interest shall be calculated in accordance with the provisions on interest on overdue amounts applicable own resources of the Union. Amounts are converted between national currencies and the euro after the exchange rate that is defined in accordance with Council Regulation (EC, Euratom) No 1150/200010. Article 3, first subparagraph, or under any of the following legal acts of the Union, that it shall be amended or repealed. 5. The Commission shall coordinate the operations of each of the Contracting Parties to implement the activities of the compensation in accordance with paragraphs 1 to 3 of the criteria laid down. Coordinator of the Commission include the base of the calculation according to which the payment to be made, the notification to the Contracting Parties to provide that requests to make payments and calculate percentages. Article 16 review 1. No later than two years after the entry into force of this agreement, and then every 18 months the Board shall consider and submit to the European Parliament and the Council a report on the implementation of this agreement and in particular the use of mutual fund properly and its effects on financial stability and the internal market. 2. No later than ten years after the date of entry into force of this agreement, based on its experience in evaluation, which included Board in accordance with paragraph 1 of the report drawn up for the implementation of the agreement, according to LES and ARTICLE is that the necessary measures are taken to the substance of this agreement include the Union's legal system. Prepared in Brussels, 21 may 2014 in a single original, of which the English, Bulgarian, Czech, Danish, French, Greek, Dutch, Croatian, Hungarian, Italian, Irish, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish texts are equally authentic; It shall be deposited in the archives of the depositary, which shall issue a certified copy of each Contracting Party. Contracting Parties and OBSERVER of the Intergovernmental Conference, which are members of the Council of the European Union, Declaration of intent, which, together with the AGREEMENT of the DEPOSITED Declaration No 1 in full respect of the Treaty establishing the European Union procedures and requirements of the Contracting Parties and observers of intergovernmental conferences, which are the members of the Council of the European Union, noted that, unless they decide otherwise, their aim and intention is that: VNM) Regulation 4 (a) paragraph 3 of article after its initial adoption is not cancelled or amended; (b)) with the internal principles and associated recapitalisation is not repealed or amended in a way that does not have an equivalent or at least lead to the same result and no less stringent than those resulting from regulation by the EOM initial adoption. Declaration No 2 of the intergovernmental agreement on the transfer of contributions to a single Relief Fund and that sharing the signatories declare that they will seek ratification process in accordance with their respective national legal requirements completed in a timely manner, namely, so that uniform settlement mechanism would become fully operational until 2016 January 1. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 1 proposal for a regulation of the European Parliament and of the Council establishing uniform rules and a common procedure for the supervision of credit institutions and certain investment brokerage firm, using a single interlocutory relief mechanism and joint President of the bank, the Fund and of the European Parliament and the Council amending Regulation (EC) no 1093/2 2010. European Parliament and Council Regulation (EC) no 575/2013 (26 June 2013) for the prudenciālaj requirements for credit institutions and investment firms and amending Regulation (EC) No 648/2012 (OJ L 176, 27.6.2013, p. 1). 3 directive of the European Parliament and of the Council of 13/36/EU (26 June 2013) for access to the activities of credit institutions and credit institutions and investment firms for the monitoring of the prudenciāl, amending Directive 2002/87/EC and repealing Directive 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338). 4 European Parliament and Council Regulation (EU) no 1093/2010 (24 November), establishing a European supervisory authority (European banking authority), amending Decision No 716/2009/EC repeals Commission decision 2009/78/EC (OJ L 331, December 15, 2010., p. 12). 5 European Parliament and Council Regulation (EU) no 1094/2010 (24 November), establishing a European supervisory authority (European insurance and occupational pensions authority), amending Decision No 716/2009/EC repeals Commission decision 2009/79/EC (OJ L 331, December 15, 2010., p. 48). 6 European Parliament and Council Regulation (EU) No 1095/2010 (24 November), establishing a European supervisory authority (European Securities and markets authority), amending Decision No 716/2009/EC repeals Commission decision 2009/77/EC (OJ L 331, December 15, 2010., p. 84). 7 European Parliament and Council Regulation (EU) no 1092/2010 (24 November) on European Union macro prudential oversight of the financial system and establishing a European systemic risk Board (OJ L 331, December 15, 2010, p. 1). 8 Council Regulation (EU) no 1024/2013 (2013-15 October), the European Central bank entrusted with specific tasks concerning policies relating to the supervision of credit institutions prudenciāl (OJ L 287, 29/10/2013, p. 63). 9 directive of the European Parliament and of the Council establishing the credit and investment brokerage company and President of the recovery mode and amending Council Directive 82/891/EEC and European Parliament and Council Directive 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC/35/EU, 2011, 2012 and 2013 EU//30/36/EU of the European Parliament and of the Council Regulation (EU) no 1093/2010 and (EU) No. 648/10-Court rules in 2012. 2012, adopted on 25 September (OJ L 265, 29.9.2012, p. 1), with later amendments. 11 Council decision 2007/436/EC, Euratom of 7 June 2007 on the system of the European Communities ' own resources (OJ L 163, 23.6.2007, p. 17). 12 Council Regulation (EC, Euratom) No 1150/2000 of 22 May 2000 implementing decision 2007/436/EC concerning the system of the European Communities ' own resources (OJ L 130, 31.5.2000, p. 1), including any later amendments.