(2)

In Article 5a, the following paragraphs are added: ‘11. Central securities depositories referred to in paragraph 8 shall submit to the Commission and to their national competent authorities, in accordance with the rules set out in the act referred to in paragraph 13 the interim financial reports and the audited annual financial statements. They shall also report by 30 June of each year, on the total amounts remaining provisionally retained on 31 December of the preceding year, according to paragraph 10, amounts provisionally retained that were used in accordance with paragraph 10, point (d), during the preceding year, and the amounts provisionally retained which have to be transferred to the Union in accordance with paragraph 10, points (e) and (f). 12. Central securities depositories concerned shall fully cooperate in the protection of the financial interests of the Union and shall grant the necessary rights and access required for the authorising officer responsible, for the European Public Prosecutor’s Office (EPPO) in respect of those Member States participating in the enhanced cooperation on the establishment of the EPPO pursuant to Council Regulation (EU) 2017/1939 (*2), for the European Anti-Fraud Office (OLAF), for the Court of Auditors, and, where appropriate, for the relevant national authorities, to comprehensively exercise their respective competences. In the case of OLAF, such rights shall include the right to carry out investigations, including on-the-spot checks and inspections, in accordance with Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council (*3). 13. The Commission shall be empowered to adopt regulations, by means of implementing acts, setting out specific detailed arrangements for reporting to the Commission and the national competent authority as provided for under paragraph 11, and for the implementation of revenue operations such as payments by central securities depositories and the establishment of definitive amounts of financial contributions. Those rules may, as appropriate, complement the horizontal rules on revenue operations set out in Regulation (EU, Euratom) No 2018/1046 to cater for the specific characteristics of the financial contribution. The Commission shall consult the relevant national supervisory authorities to that effect. 14. The amounts of the financial contribution paid to the Union budget shall be used to support Ukraine through the Union spending instruments listed in Annex XLI. Annex XLI shall be reviewed yearly, and for the first time before 1 January 2025, and may be amended through a Council Implementing Regulation, adopted upon a joint proposal of the High Representative of the Union for Foreign Affairs and Security Policy and of the Commission. Amounts used for spending instruments financed from the Union budget shall constitute external assigned revenues in accordance with Article 21(5) of Regulation (EU, Euratom) No 2018/1046. (*2) Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (“the EPPO”) (OJ L 283, 31/10/2017, p. 1)." (*3) Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1).’;"

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Source: EUR-Lex (Cellar) · retrieved 2026-10-17 · Text as adopted (Official Journal); later amendments are not incorporated in this text.