2008/119/EC: Council Decision of 12 February 2008 on the principles, priorities and conditions contained in the Accession Partnership with Croatia and repealing Decision 2006/145/EC
Date: 2008-02-12
Institutions: Council of the European Union
Subjects: Croatia, accession criteria, accession negotiations, accession to the European Union, cooperation agreement (EU)

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(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

COUNCIL

COUNCIL DECISION

of 12 February 2008

on the principles, priorities and conditions contained in the Accession Partnership with Croatia and
repealing Decision 2006/145/EC

(2008/119/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 533/2004 of 22
March 2004 on the establishment of partnerships
in the
framework of the stabilisation and association process (1), and
in particular Article 2 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

The Thessaloniki European Council of 19 and 20 June
2003 endorsed the introduction of the Partnerships as a
means to materialise the European perspective of the
Western Balkan countries.

Regulation (EC) No 533/2004 provides that the Council
is to decide on the principles, priorities and conditions to
be
contained in the Partnerships, as well as any
subsequent adjustments. It also states that the follow-up
to the Accession Partnerships will be ensured through the
mechanisms established under the stabilisation and asso-
ciation process, notably by the annual progress reports.

(1) OJ L 86, 24.3.2004, p. 1. Regulation as amended by Regulation (EC)

No 269/2006 (OJ L 47, 17.2.2006, p. 7).

(3)

(4)

(5)

(6)

(7)

Following the European Partnership of 2004, the Council
adopted on 20 February 2006 the first Accession Part-
nership with Croatia (2).

On 3 October 2005 the Member States started nego-
tiations with Croatia on its accession to the European
Union. The progress of the negotiations will be guided
by Croatia’s progress in preparing for accession, which
will be measured, inter alia, against the implementation of
the Accession Partnership, as regularly revised.

The Commission’s Communication on Enlargement
Strategy and Main Challenges 2006-2007 indicated that
the Partnerships would be updated at the end of 2007.

On 17 July 2006 the Council adopted Regulation (EC)
for Pre-
No 1085/2006 establishing an instrument
Accession Assistance
the
renews
framework for
to pre-accession
countries.

(IPA) (3), which
assistance

financial

It is therefore appropriate to adopt a revised Accession
Partnership which updates the current Partnership in
order to identify renewed priorities for further work,
on the basis of
the 2007 Progress
the findings of
Report on Croatia’s preparations for further integration
with the European Union.

(2) Council Decision 2006/145/EC of 20 February 2006 on the prin-
ciples, priorities and conditions contained in the Accession Part-
nership with Croatia (OJ L 55, 25.2.2006, p. 30).

(3) OJ L 210, 31.7.2006, p. 82.

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(8)

In order to prepare for membership, Croatia is expected
to develop a plan with a timetable and specific measures
to address the priorities of the Accession Partnership.

Council on the basis of annual
Commission.

reports presented by the

(9)

Decision 2006/145/EC should be repealed,

HAS DECIDED AS FOLLOWS:

Article 1
In accordance with Article 2 of Regulation (EC) Νο 533/2004,
the principles, priorities and conditions contained in the
Accession Partnership with Croatia are set out in the Annex
hereto.

Article 2

The implementation of
the Accession Partnership shall be
examined and monitored through the mechanisms established
under the stabilisation and association process, and by the

Decision 2006/145/EC shall be repealed.

Article 3

Article 4

This Decision shall take effect on the third day following its
publication in the Official Journal of the European Union.

Done at Brussels, 12 February 2008.

For the Council
The President

A. BAJUK

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ANNEX

CROATIA 2007 ACCESSION PARTNERSHIP

1. INTRODUCTION
The proposed revised Accession Partnership updates the first one, on the basis of the findings of the 2007 Commission’s
Progress Report on Croatia. It identifies new as well as remaining priorities for action. The new priorities are adapted to
the country’s specific needs and stage of preparation and will be updated as necessary. Croatia is expected to develop a
plan including a timetable and specific measures intended to address the Accession Partnership priorities. The Accession
Partnership also provides guidance for financial assistance to the country.

2. PRINCIPLES

The Stabilisation and Association Process remains the framework for the European course of the Western Balkan
countries, all the way to their future accession. The main priorities identified for Croatia relate to its capacity to meet
the criteria defined by the Copenhagen European Council of 1993 and the conditions set for the Stabilisation and
Association Process, notably the conditions defined by the Council in its Conclusions of 29 April 1997 and of 21 and 22
June 1999, the final declaration of the Zagreb Summit of 24 November 2000 and the Thessaloniki Agenda, and the
requirements of the negotiating framework adopted by the Council on 3 October 2005.

The priorities listed in this Accession Partnership have been selected on the basis that it is realistic to expect that Croatia
can complete them or take them substantially forward over the next few years. The priorities concern both legislation and
the implementation thereof.

3. PRIORITIES

In view of the need to set priorities, it is clear that there are other tasks for Croatia to complete which may become
priorities in any future partnership, also taking into account future progress made by Croatia.

Among the priorities, the key priorities have been identified and grouped together at the beginning of the section below.
The order of these key priorities does not imply a ranking of their importance.

— Ensure proper implementation of all commitments undertaken in the Stabilisation and Association Agreement,

Key Priorities

— update and implement the strategy and action plan for judicial reform,

— rapidly adopt and implement a strategic framework for public administration reform,

— update and accelerate implementation of the anti-corruption programme and related action plans and ensure more
coordinated and proactive efforts to prevent, detect and effectively prosecute corruption, especially at high level,

— implement the Constitutional Law on National Minorities, with particular attention to its provisions guaranteeing
proportional representation of minorities in employment. Tackle discrimination more widely in the public sector,

— complete the process of refugee return; definitively settle all cases of housing care for former occupancy/tenancy rights
holders; complete reconstruction and repossession of property and reopen the possibility for convalidation claims,

— pursue efforts aimed at reconciliation among citizens in the region,

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— enhance efforts to find definitive solutions to pending bilateral issues (1), in particular border issues, with Slovenia,
Serbia, Montenegro, and Bosnia and Herzegovina; and resolve the Ecological and Fisheries Protection Zone issue,

— maintain full cooperation with the International Criminal Tribunal for the former Yugoslavia and ensure integrity of

domestic war crimes proceedings,

— improve the business environment and economic growth potential, in particular by reducing subsidies, restructuring

large loss-making enterprises and increasing the efficiency of public spending.

Political Criteria

Democracy and the rule of law

Public administration
— Fully implement public administration reform measures on administrative procedures and on recruitment, promotion,

training and de-politicisation; improve human resource management in areas of public administration.

Judicial system
— Substantially reduce the case backlog in courts and ensure an acceptable length of judicial proceedings,

— rationalise the organisation of courts, including the introduction of modern information technology systems,

— establish an open, fair and transparent system of recruitment, evaluation, promotion and disciplinary measures in the
judiciary and enhance professionalism through high-quality training supported by adequate financing of the Justice
Academy, including in EU law,

— take measures to ensure proper and full execution of court rulings.

Anti-corruption policy
— Continue to develop and implement Codes of Conduct/ethics for officials and elected representatives as well as action
plans to prevent corruption in the relevant law enforcement agencies (border police, police, customs, judiciary) and
other public sector institutions and agencies; fully address public procurement related corruption. Establish specialist
units for combating corruption within the appropriate services with an appropriate coordination mechanism between
them and provide them with adequate training and resources,

— take steps to ensure that the legal framework for tackling corruption is uniformly implemented and enforced
instruments are

including through the use of adequate statistics. Ensure that the standards set by international
met, by putting in place the appropriate legislative and administrative measures,

— take concrete actions to raise public awareness of corruption as a serious criminal offence,

— ensure full cooperation of State authorities with the Office for Prevention of Corruption and Organised crime.

Human rights and the protection of minorities
— Ensure access to justice and legal aid and make available the corresponding budgetary resources,

— promote respect for and protection of minorities in accordance with international

law and best practice in EU

Member States,

(1) Some Member States underlined in this context the importance of accelerating the process of restitution of property, in line with the

relevant Croatian Constitutional Court rulings.

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— encourage a spirit of tolerance vis-à-vis the Serb and Roma minorities and take measures to protect persons belonging

to minorities who may be subject to threats or acts of discrimination, hostility or violence,

— continue to implement the strategy and action plan for the protection and integration of Roma and ensure availability

of the necessary means, especially as regards employment, education and housing,

— adopt and implement a comprehensive anti-discrimination strategy.

Regional issues and international obligations
— Fully respect the 4 June 2004 agreement concerning the Ecological and Fisheries Protected Zone referred to in the
June 2004 European Council conclusions and the Negotiating Framework and do not apply any aspect of the Zone to
the EU Member States until a common agreement in the EU spirit is found,

— ensure the integrity of proceedings as regards war crimes, in particular by ensuring an end to ethnic bias against Serbs,
including application of a uniform standard of criminal responsibility and improved security of witnesses and
informants,

— secure adequate coordination and cooperation between all relevant authorities at central and local level on refugee

return matters,

— make headway in settling with neighbours all issues arising from lost occupancy and tenancy rights,

— create the social and economic conditions to improve the climate for reintegration of returnees and the acceptance of

returnees by receiving communities, including through regional development programmes in affected areas,

— contribute to strengthening regional cooperation, including by promoting the transition process from the Stability
Pact to a more regionally-owned cooperation framework and the effective implementation of the Central European
Free Trade Agreement (CEFTA),

— fully implement agreements with neighbouring countries, notably the fight against organised crime, border
including on war

management and readmission, cross-border cooperation, and judicial and police cooperation,
crimes, and conclude such agreements where they are still outstanding.

Economic criteria
— Continue to implement prudent fiscal, monetary and financial sector policies with a view to sustaining macro-
economic stability, including low inflation, exchange rate stability and a further reduction of general government’s
spending-to-GDP ratio as well of its deficit and debt ratio,

— continue institutional reforms in public finance with a view to enhancing fiscal transparency, and improving the
efficiency and transparency of public debt management, and completing the planned change of budget reporting to
ESA 95 principles,

— continue the implementation of comprehensive health care reforms to avoid the accumulation of new payment arrears
in the health system and to improve the efficiency of health spending. Continue the reform of social security. Ensure
the financial sustainability of the pension system’s first pillar through adequate parametric reforms,

— continue to facilitate business entry by further reducing the time and procedures needed and the costs for establishing

a business. Improve bankruptcy procedures to speed up market exit,

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— improve the institutional framework for privatisation with a view to significantly advancing the privatisation of
companies held under the State Privatisation Fund. Continue with the restructuring of loss-making state-owned
enterprises and of the railway system to reduce the amount of subsidies to the enterprise sector as a share of GDP,

— improve incentive structures and flexibility in the labour market to increase participation and employment rates.

Chapter 1: Free movement of goods

Ability to assume the obligations of membership

— Adopt and implement horizontal framework legislation to complete the necessary infrastructure, and ensure segre-
tasks between the various functions (regulation, standardisation, accreditation, metrology, conformity

gation of
assessment and market surveillance),

— adopt and implement a comprehensive strategy for the transposition and implementation of EC legislation for relevant
horizontal organisations (standardisation, accreditation, metrology and market surveillance) and in individual sectors,
and enhance administrative capacity,

— adopt and implement an Action Plan for compliance with Articles 28-30 of the EC Treaty, including the introduction

of mutual recognition clauses,

— continue adoption of European standards. Continue preparations towards meeting membership criteria for standard-

isation bodies,

— complete transposition of the new and old Approach directives, particularly with regard to pharmaceutical products.

Chapter 2: Freedom of movement of workers

— Abolish any discriminatory measures towards EU migrant workers and EU citizens,

— reinforce administrative structures for the coordination of social security schemes.

Chapter 3: Right of establishment and freedom to provide services

— Complete alignment of legislation with the acquis on the recognition of professional qualifications for EU citizens and
amend existing legislation to repeal remaining requirements in respect of nationality,
language, establishment or
business permits for EU service providers, remove other administrative and technical barriers to the right of estab-
lishment and the freedom to provide services and ensure even handling of applications for business permits, including
building permits.

Chapter 4: Free movement of capital

— Complete the establishment of an effective anti-money-laundering regime, in particular by ensuring that enforcement
agencies are fully operational, adequately resourced and well coordinated with domestic and international coun-
terparts,

— make further progress in the removal of remaining restrictions on capital movements; remove all restrictions on the
purchase of real estate by EU citizens in line with the SAA and ensure that all applications for permission to purchase
real estate submitted in the meantime by EU citizens are handled expeditiously.

Chapter 5: Public procurement

— Give an organisation for procurement the task of guaranteeing a coherent and transparent policy and steering its

implementation, in all areas related to public procurement,

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— adopt and implement a comprehensive strategy, with time schedules and milestones for legislative alignment and
capacity building, in all areas of public procurement (public contracts, concessions, public-private partnerships) as well
as for review procedures and bodies. Strengthen enforcement mechanisms of review bodies.

Chapter 6: Company law

— Align the Companies Act with the acquis and complete alignment with the directive on takeover bids,

— align accounting and auditing legislation with the acquis. Strengthen the relevant institutional framework.

Chapter 7: Intellectual property law

— Complete the alignment with the acquis concerning copyright and related rights and ensure the enforcement of

intellectual property rights by strengthening the administrative capacity of the relevant bodies,

— provide a satisfactory track record of investigation, prosecution and judicial treatment of cases of piracy and counter-

feiting.

Chapter 8: Competition policy

— Adopt a National Restructuring Programme for the steel sector that ensures the viability and respect for EU rules on
State aids. Adopt individual restructuring plans for each of the shipyards in difficulties and incorporate such plans in a
National Restructuring Programme, in line with EU rules on State aids,

— complete legislative alignment with EU State aid rules in the area of fiscal aid and align all other remaining aid
schemes identified in the State aid inventory as being incompatible with EU rules. Adopt the regional aid map,

— adopt legislative measures allowing for effective anti-trust control, in particular as regards fine setting and judicial

control.

Chapter 9: Financial services

— Complete the transposition of the acquis on banking licences, capital requirements, electronic money institutions,
financial conglomerates, winding-up and reorganisation, bank accounts, branch accounts and deposit guarantee
schemes,

— complete legislative alignment with regard to solvency margins,

insurance supervision, reinsurance and insurance

mediation, financial market infrastructure, investment and securities markets,

— establish an investor compensation scheme in line with the acquis. Demonstrate enforcement of prudential

requirements by establishing a track record.

Chapter 10: Information society and media

— Complete the alignment with the acquis concerning electronic communications, commerce, signatures and media,

information security and the Television without Frontiers Directive,

— ensure sufficient administrative capacity to enforce the acquis, in particular in the field of electronic communications
and provide a track record of the enforcement of obligations on operators with significant market power and the
rights of new entrants on the electronic communications market, including rights of way, co-location and facility
sharing,

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— complete the planned review of audiovisual media legislation on the basis of public consultation, to ensure regulatory

independence and guard against undue political interference.

Chapter 11: Agriculture and rural development

— Strengthen the administrative structures and capacity needed to implement market and rural development policies,

including collection and processing of agricultural data,

— establish a vineyard register in line with EU standards,

— continue preparations to establish effective and financially sound paying bodies for the management and control of

agricultural funds, in line with EU requirements and international auditing standards.

Chapter 12: Food safety, veterinary and phytosanitary policy

— Substantially improve the alignment of legislation in the food safety, veterinary and phytosanitary domain and

strengthen the necessary implementing structures including control and inspection services,

— ensure the setting up of compliant regimes in the food safety, veterinary and phytosanitary sectors, including a system
for animal identification and registration of movements, treatment of animal by-products, upgrading of agri-food
establishments, animal welfare and programmes of control of animal diseases, control of animals and animal products
at border inspection posts, control of plant health, authorisation of plant protection products and control of their
residues as well as quality of seeds and plant propagating material.

Chapter 13: Fisheries

— Strengthen administrative and, in particular, inspection structures for fisheries policy and improve the collection of

catch and landing data,

— complete the computerised fishing vessel register and establish a satellite-based vessel monitoring system.

Chapter 14: Transport policy

— Complete alignment with the EU acquis and enhance administrative capacity in the area of road transport (including
the implementation of the digital tachograph) aviation and maritime transport and in the area of inland waterway
transport, in particular as regards the safety of navigation and River Information Services,

— adopt implementing legislation for rail transport, in particular interoperability provisions and independent allocation

of capacity. Publish a finalised network statement,

— implement the first transitional phase of the European Common Aviation Area Agreement and ratify it.

Chapter 15: Energy

— Fulfil obligations arising from the Energy Community Treaty,

— strengthen administrative capacity and complete alignment with the EU acquis in the fields of security of supply,
energy efficiency and renewable energy sources, the internal energy market (electricity and gas) and nuclear energy, as
well as ensure a high level of nuclear safety and radiation protection.

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Chapter 16: Taxation

— Accelerate alignment of tax legislation with the acquis with particular attention to including free zones in the territorial
application of the VAT regime, abolishing the existing zero rates of VAT, eliminating the discriminatory taxation of
cigarettes and further harmonising the system of excise duties,

— significantly strengthen the enforcement capacity of the tax and customs administrations, particularly regarding
collection and control functions and developing the necessary IT systems; continue the work on building a func-
tioning and adequately staffed excise duty service; simplify procedures and reinforce controls to effectively prosecute
tax fraud,

— commit to the principles of the Code of Conduct for business taxation and ensure that new tax measures are in

conformity with these principles.

Chapter 17: Economic and monetary union

— Align the legal

framework in order to ensure full central bank independence, to ensure alignment as regards
prohibition of privileged access of the public sector to financial institutions and to allow for the full integration of
its central bank into the European System of Central Banks.

Chapter 18: Statistics

— Strengthen the administrative capacity of the Bureau of Statistics, reform its regional offices and improve coordination

with other producers of official statistics,

— continue developing agricultural, macroeconomic and business statistics.

Chapter 19: Social policy and employment

— Further align with the acquis and strengthen the related administrative and enforcement structures,

including the

labour inspectorates, in association with social partners,

— implement effectively the Joint Inclusion Memorandum (JIM) and, once adopted, the Joint Assessment Paper on

Employment Policy Priorities (JAP).

Chapter 20: Enterprise and industrial policy

— Implement a comprehensive industrial policy strategy, with particular emphasis on the restructuring of key loss-

making sectors and individual companies, including steel and shipbuilding.

Chapter 21: Trans-European Networks

— Increase gas and electricity interconnections with neighbouring countries.

Chapter 22: Regional policy and coordination of structural instruments

— Adopt and begin implementing an action plan setting out clear objectives and a related timetable in order to meet
regulatory and operational requirements deriving from Community cohesion policy, including strengthening capacity
at central, regional and local level,

— ensure a clear distribution of responsibilities and strengthen the capacity of, and coordination between, designated

implementing authorities/structures, including local authorities.

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— adopt a Regional Development Act,

— reinforce capacity for programming, project preparation, monitoring, evaluation and financial management and
to implement EU pre-accession programmes as a preparation for

line Ministries,

control, particularly of
Community cohesion policy.

Chapter 23: Judiciary and fundamental rights

— Continue to implement the national law on personal data protection in line with the acquis and ensure an efficient

monitoring and enforcement,

— see for other priorities the section on political criteria.

Chapter 24: Justice, freedom and security

— Complete the revision of key legislation to align with the Schengen acquis and extend investments at local level in

terms of IT equipment and further training for the police,

— continue preparations to implement the Schengen acquis by increasing staffing levels and training for border guards,
further investing in equipment including the extension of the National Border Management Information System and
ensuring its compatibility with the second-generation Schengen Information System (SIS II). Improve administrative
and enforcement capacity of the border police by enhancing inter-agency cooperation,

— continue alignment to EU visa policy, including the introduction of biometric identifiers in travel documents and

preparations for the Visa Information system,

— introduce secondary legislation for implementation of the Asylum Act and Aliens Act,

— ensure compatibility of legislation with the acquis in judicial cooperation in civil and criminal matters and strengthen

the capacity of the judiciary to apply the acquis.

Chapter 25: Science and research

— Ensure adequate capacity to take up EU-funded research projects,

— continue to take and implement actions to facilitate the integration into the European Research Area.

Chapter 26: Education and culture

— Ensuring adequate capacity to manage the Lifelong Learning and Youth in Action programmes,

— align with the acquis on non-discrimination between EU and Croatian nationals as regards access to education as well

as the directive on the education of the children of migrant workers.

Chapter 27: Environment

— Continue work on transposition and implementation of

the EU acquis, with particular emphasis on waste

management, water quality, air quality, nature protection and integrated pollution prevention and control,

— adopt and implement,

in a well coordinated manner, a comprehensive plan for putting in place the necessary

administrative capacity and required financial resources to implement the environment acquis,

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— increase investments in environmental

infrastructure, with particular emphasis on waste water collection and

treatment, drinking water supply and waste management,

— start implementing the Kyoto Protocol,

— ensure integration of environmental protection requirements into the definition and implementation of other sectoral

policies and promote sustainable development.

Chapter 28: Consumer and health protection

— Further align with the consumer and health acquis, including in the areas of tissues and cells and tobacco, and ensure

adequate administrative structures and enforcement capacity,

— in the area of mental health, develop community-based services as an alternative to institutionalisation, and ensure

allocation of sufficient financial resources for mental health care.

Chapter 29: Customs union

— Continue to adopt legislation in the limited remaining areas requiring further alignment, in particular on the non-

preferential rules of origin and the application of fees,

— apply customs rules in a consistent and homogeneous manner across customs offices, notably in the areas of
declaration processing, origin, simplified procedures, counterfeiting, selectivity of controls; ensure the application of
modern and consistent risk analysis procedures in all offices,

— on the basis of a comprehensive and coherent strategy, make sufficient progress in developing all IT interconnectivity

systems.

Chapter 30: External relations

— Prepare for the alignment of all relevant international agreements with third countries and strengthen administrative

and control capacities for the common commercial policy.

Chapter 31: Foreign, security and defence policy

— Strengthen implementation and enforcement of arms control and further improve capacity for full implementation of

the Common Foreign Security Policy and European Security and Defence Policy.

Chapter 32: Financial control

— Adopt and implement public internal

financial control

legislation and inherent policies supported by adequate

implementation capacity,

— safeguard the functional and financial independence of the State Audit Institution by means of amended constitutional
provisions or national legislation having equivalent effect, adoption and implementation of necessary accompanying
legislation,

— align the Criminal Code with the acquis on protection of the EU’s financial interests as well as with the convention on

the protection of financial interests and its protocols,

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— set up an effective and efficient coordination service to guarantee fulfilment of the obligations arising from Article
280(3) of the EC Treaty and application of the acquis concerning on-the-spot checks and inspections carried out by
the Commission, in particular the obligation of assistance to Commission inspectors,

— take legislative and administrative measures to comply with the acquis on the protection of the euro against counter-

feiting.

Chapter 33: Financial and budgetary provisions

— Increase administrative capacity and prepare procedural rules to ensure, from accession, the correct calculation,

forecasting, collection, payment, control and reporting to the EU on own resources.

4. PROGRAMMING

Community assistance will be provided through the instrument for pre-accession (IPA) and, for programmes adopted
before 2007, Council Regulation (EC) No 2666/2000 of 5 December 2000 on assistance for Albania, Bosnia and
Herzegovina, Croatia, the Federal Republic of Yugoslavia and the former Yugoslav Republic of Macedonia (1) (CARDS
regulation). Accordingly, this Decision will have no financial implications. The financing agreements serve as legal basis
for the implementation of the concrete programmes.

Croatia can also have access to funding from multi-country and horizontal programmes.

5. CONDITIONALITY

Assistance to the Western Balkan countries is conditional on further progress on satisfying the Copenhagen criteria and
on meeting the requirements of the Stabilisation and Association Agreement and specific priorities of this Accession
Partnership. Failure to respect these conditions could lead the Council to take appropriate measures on the basis of Article
21 of Council Regulation (EC) No 1085/2006 or, in the case of pre-2007 programmes, on the basis of Article 5 of
Regulation (EC) No 2666/2000. The assistance is also subject to the conditions defined by the Council in its conclusions
of 29 April 1997, in particular as regards the recipients’ undertaking to carry out democratic, economic and institutional
reforms. Specific conditions are also included in individual annual programmes. The financing decisions will be followed
by a financing agreement signed with Croatia.

The implementation of the Accession Partnership shall be examined in the framework of the Stabilisation and Association
Process, including through the annual Reports presented by the Commission, in the context of the political and economic
dialogues, as well as on the basis of information provided to the accession conference.

6. MONITORING

(1) OJ L 306, 7.12.2000, p. 1. Regulation as last amended by Regulation (EC) No 2112/2005 (OJ L 344, 27.12.2005, p. 23).