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Published by: eurolex on Nov 30, 2010
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ACTS ADOPTED BY BODIES CREATED BYINTERNATIONAL AGREEMENTS
 DECISION No 1/2010 OF THE EU-CROATIA STABILISATION AND ASSOCIATION COUNCILof 25 May 2010on the participation of Croatia as an observer in the European Union Agency for FundamentalRights’ work and the respective modalities thereof 
 (2010/636/EU)
 THE EU-CROATIA STABILISATION AND ASSOCIATION COUNCIL,
 Having regard to the Stabilisation and Association Agreementbetween the European Communities and their Member States,of the one part, and the Republic of Croatia, of the otherpart (
 1
 ),Having regard to Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency forFundamental Rights (
 2
 ), and in particular Article 28(2) thereof,Whereas:
 (1)
The Luxembourg European Council of December 1997made participation in Community agencies a way of stepping up the pre-accession strategy. The EuropeanCouncil’s conclusions provide that ‘the Community agencies in which applicant countries will be able toparticipate will be determined on a case-by-case basis’.
 (2)
Croatia shares the aims and objectives laid down for theEuropean Union Agency for Fundamental Rights (theAgency) 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 asan observer in the Agency’s work and to lay down themodalities for such participation including provisionsrelating to participation in initiatives undertaken by theAgency, to the financial contribution and to staff.
 (4)
It is also appropriate that the Agency deal with funda
­
mental rights issues within the scope set out by Regu
­
lation (EC) No 168/2007 in Croatia to the extentnecessary for its gradual alignment to Community law,
 HAS DECIDED AS FOLLOWS:
 Article 1
 Croatia, as a candidate country, shall participate as an observerin the European Union Agency for Fundamental Rights, set upby Regulation (EC) No 168/2007.
 Article 2
 1. The Agency may deal with fundamental rights issueswithin the scope of Article 3(1) of Regulation (EC) No168/2007 in Croatia to the extent necessary for its gradualalignment to Community law.2. To this end the Agency shall be able to carry out inCroatia 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 theAgency referred to Article 4 of Regulation (EC) No 168/2007in accordance with the provisions laid down in the Annex tothis Decision.
 Article 4
 1. Croatia shall appoint persons complying with the criterialaid down in Article 12(1) of Regulation (EC) No 168/2007 asobserver and alternate observer, respectively. They may participate in the works of the Management Board on anequal footing with the members and alternate membersappointed by Member States, but without a right to vote.2. Croatia shall nominate a government official as a NationalLiaison 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, qualifi
­
cations and contact details of the persons referred to inparagraphs 1 and 2.
 Article 5
 The data supplied to or emanating from the Agency may bepublished and shall be made accessible to the public, providedthat confidential information is afforded the same degree of protection in Croatia as it is afforded within the Community.
EN
 L 279/68 Official Journal of the European Union 23.10.2010
 (
 1
 ) OJ L 26, 28.1.2005, p. 3.(
 2
 ) OJ L 53, 22.2.2007, p. 1.
 
Article 6
 The Agency shall enjoy in Croatia the same capacity as thatafforded 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 tothose contained in Articles 1 to 4, 6, 7, 11 to 14, 16, 18and 19 of the Protocol (No 36) on the privileges andimmunities of the European Communities, attached to theTreaties establishing the European Community and theEuropean 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 Communitiesprovided for in Council Regulation (EEC, Euratom, ECSC) No259/68 (
 1
 ), nationals of Croatia enjoying their full rights ascitizens may be engaged under contract by the Director of the Agency.
 Article 9
 The Parties shall each take any general or specific measuresrequired to fulfil their obligations under this Decision andshall notify them to the Stabilisation and Association Council.
 Article 10
 This Decision shall enter into force on the first day of thesecond month following the date of its adoption.Done at Brussels, 25 May 2010.
 For the EU-Croatia Stabilisation andAssociation CouncilThe President
 G. JANDROKOVI
Ć
EN
 23.10.2010 Official Journal of the European Union L 279/69
 (
 1
 ) OJ L 56, 4.3.1968, p. 1.

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