EN Official Journal of the European Union L 279/68

DECISION No 1/2010 OF THE EU-CROATIA STABILISATION AND ASSOCIATION COUNCIL

of 25 May 2010

on the participation of Croatia as an observer in the European Union Agency for Fundamental Rights’ work and the respective modalities thereof

(2010/636/EU)

THE EU-CROATIA STABILISATION AND ASSOCIATION COUNCIL,

Having regard to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part (1),

Having regard to Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (2), and in particular Article 28(2) thereof,

Whereas:

(1) The Luxembourg European Council of December 1997 made participation in Community agencies a way of stepping up the pre-accession strategy. The European Council’s conclusions provide that ‘the Community agencies in which applicant countries will be able to participate will be determined on a case-by-case basis’.

(2) Croatia shares the aims and objectives laid down for the European Union Agency for Fundamental Rights (the Agency) and subscribes to the scope and description of the tasks of the Agency as laid down in Regulation (EC) No 168/2007.

(3) It is appropriate to enable the participation of Croatia as an observer in the Agency’s work and to lay down the modalities for such participation including provisions relating to participation in initiatives undertaken by the Agency, to the financial contribution and to staff.

(4) It is also appropriate that the Agency deal with fundamental rights issues within the scope set out by Regulation (EC) No 168/2007 in Croatia to the extent necessary for its gradual alignment to Community law,

HAS DECIDED AS FOLLOWS:

Article 1

Croatia, as a candidate country, shall participate as an observer in the European Union Agency for Fundamental Rights, set up by Regulation (EC) No 168/2007.

Article 2

1. The Agency may deal with fundamental rights issues within the scope of Article 3(1) of Regulation (EC) No 168/2007 in Croatia to the extent necessary for its gradual alignment to Community law.

2. To this end the Agency shall be able to carry out in Croatia the tasks laid down in Articles 4 and 5 of Regulation (EC) No 168/2007.

Article 3

Croatia shall contribute financially to the activities of the Agency referred to Article 4 of Regulation (EC) No 168/2007 in accordance with the provisions laid down in the Annex to this Decision.

Article 4

1. Croatia shall appoint persons complying with the criteria laid down in Article 12(1) of Regulation (EC) No 168/2007 as observer and alternate observer, respectively. They may participate in the works of the Management Board on an equal footing with the members and alternate members appointed by Member States, but without a right to vote.

2. Croatia shall nominate a government official as a National Liaison Officer, as referred to in Article 8(1) of Regulation (EC) No 168/2007.

3. Within 4 months of the entry into force of this Decision, Croatia shall inform the Commission of the names, qualifications and contact details of the persons referred to in paragraphs 1 and 2.

Article 5

The data supplied to or emanating from the Agency may be published and shall be made accessible to the public, provided that confidential information is afforded the same degree of protection in Croatia as it is afforded within the Community.

Article 6

The Agency shall enjoy in Croatia the same capacity as that afforded to legal entities under Croatia’s law.

Article 7

To enable the Agency and its staff to perform their tasks, Croatia shall grant the privileges and immunities identical to those contained in Articles 1 to 4, 6, 7, 11 to 14, 16, 18 and 19 of the Protocol (No 36) on the privileges and immunities of the European Communities, attached to the Treaties establishing the European Community and the European Atomic Energy Community.

Article 8

By way of derogation from Article 12(2)(a) of the Conditions of Employment of Other Servants of the European Communities provided for in Council Regulation (EEC, Euratom, ECSC) No 259/68 (3), nationals of Croatia enjoying their full rights as citizens may be engaged under contract by the Director of the Agency.

Article 9

The Parties shall each take any general or specific measures required to fulfil their obligations under this Decision and shall notify them to the Stabilisation and Association Council.

Article 10

This Decision shall enter into force on the first day of the second month following the date of its adoption.

Done at Brussels, 25 May 2010. For the EU-Croatia Stabilisation and Association Council The President G. JANDROKOVIĆ

(1) OJ L 26, 28.1.2005, p. 3.

(2) OJ L 53, 22.2.2007, p. 1.

(3) OJ L 56, 4.3.1968, p. 1.