Decision 2006/789 - 2006/789/EC: Council Decision of 13 November 2006 on consultation and information procedures in matters of credit insurance, credit guarantees and financial credits (Codified version)

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1.

Current status

This decision has been published on August  1, 2007 and should have been implemented in national regulation on November 18, 2006 at the latest.

2.

Key information

official title

2006/789/EC: Council Decision of 13 November 2006 on consultation and information procedures in matters of credit insurance, credit guarantees and financial credits (Codified version)
 
Legal instrument Decision
Number legal act Decision 2006/789
Original proposal COM(2004)159 EN
CELEX number i 32006D0789

3.

Key dates

Document 13-11-2006
Publication in Official Journal 01-08-2007; OJ L 319, 18.11.2006,Special edition in Bulgarian: Chapter 11 Volume 050,OJ L 200M , 1.8.2007,Special edition in Croatian: Chapter 11 Volume 111,Special edition in Romanian: Chapter 11 Volume 050
Effect 18-11-2006; Takes effect Date notif.
End of validity 31-12-9999
Notification 18-11-2006; {titleAndReference.draft.disclaimer.new|http://publications.europa.eu/resource/authority/fd_365/titleAndReference.draft.disclaimer.new}

4.

Legislative text

18.11.2006   

EN

Official Journal of the European Union

L 319/37

 

COUNCIL DECISION

of 13 November 2006

on consultation and information procedures in matters of credit insurance, credit guarantees and financial credits

(Codified version)

(2006/789/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Having regard to the opinion of the European Economic and Social Committee (2),

Whereas:

 

(1)

Council Decision 73/391/EEC of 3 December 1973 on consultation and information procedures in matters of credit insurance, credit guarantees and financial credits (3) has been substantially amended (4). In the interests of clarity and rationality the said Decision should be codified.

 

(2)

By a Decision of 27 September 1960 (5), the Council set up a Policy Coordination Group for Credit Insurance, Credit Guarantees and Financial Credits.

 

(3)

It is appropriate to provide for consultation and information procedures in matters of credit insurance, credit guarantees and financial credits,

HAS ADOPTED THIS DECISION:

Article 1

This Decision concerns the procedures for consultation and information in matters of credit insurance, credit guarantees and financial credits.

TITLE I

GENERAL PROCEDURE

SECTION I

Scope

Article 2

  • 1. 
    Consultation in accordance with the procedure laid down in Section II shall take place where it is proposed — by a State, any other State organisation or any State body for credit insurance or finance — to grant or guarantee, fully or partially, foreign credits:
 

(a)

linked to exports of goods or services;

 

(b)

which depart from the norms listed in Annex I or from any other norm adopted by the Member States.

  • 2. 
    The consultation procedure shall be applicable:
 

(a)

whether it concerns supplier credits or financial credits;

 

(b)

whether these credits form the subject-matter of individual contracts or global credit arrangements as described in Article 3;

 

(c)

whether the credits are purely private or are sponsored fully or partially out of public funds.

  • 3. 
    Mixed credits combining public and private funds and global private credit arrangements combined with public fund interest subsidies shall for the purpose of the consultation procedure be considered as public credits.

Article 3

  • 1. 
    ‘Global credit arrangement’ shall mean any understanding or statement, in whatever form, whereby the intention to guarantee supplier or financial credits or to open financial credits, up to a specified or ascertainable ceiling, and in respect of a connected series of transactions, is made known to a third country or to exporters or to financial institutions.

The consultation procedure shall be applicable to these global arrangements even where the nature of the transactions has not been specified and no formal commitment has been entered into, without prejudice to the right to decide on each particular contract.

  • 2. 
    If, in the course of a consultation on the granting of a global arrangement — whether public or private in nature — a Member State or the Commission should request oral consultation and if in the course of this oral consultation seven Member States should request that all or some of the individual contracts to be charged to this global arrangement constitute the subject of prior consultations, consultation shall be applicable to such contracts.
  • 3. 
    Any Member State which has granted a global arrangement shall, at a date subsequent thereto, and every six months thereafter, give notification of the use made of that...

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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

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