Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Considering articles 52 to 55 of the Constitution;
Having regard to Act No. 99-421 of 27 May 1999 authorizing the ratification of the protocol established on the basis of Article K. 3 of the Treaty on the European Union concerning the preliminary interpretation by the Court of Justice of the European Communities of the Convention on the Protection of the Financial Interests of the European Communities, done in Brussels on 29 November 1996;
Having regard to the amended Decree No. 53-192 of 14 March 1953 concerning the ratification and publication of the international commitments undertaken by France;
In view of Decree No. 2002-1499 of 18 December 2002 on the publication of the Convention established on the basis of Article K. 3 of the Treaty on the European Union on the Protection of the Financial Interests of the European Communities, made in Brussels on 26 July 1995,
Decrete:
The protocol established on the basis of Article K. 3 of the Treaty on the European Union concerning the pre-judicial interpretation by the Court of Justice of the European Communities of the Convention on the Protection of the Financial Interests of the European Communities, done in Brussels on 29 November 1996, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
P R O T O C O L E
ARTICLE K. 3 STATUS OF THE WORK ON THE EUROPEAN UNION CONCERNING INTERPRETATION, AT TITRE PRÉJUDICIEL, BY THE JUSTICE OF THE EUROPEAN COMMUNITIES OF THE CONVENTION ON THE PROTECTION OF THE FINANCIAL INTERESTS OF EUROPEAN COMMUNITIES
High Contracting Parties
have agreed on the following provisions, which are annexed to the Convention:
Article 1
The Court of Justice of the European Communities is competent, under the conditions set out in this Protocol, to decide on a preliminary basis on the interpretation of the Convention on the Protection of the Financial Interests of the European Communities and the Protocol to that Convention, which was established on 27 September 1996 (1), below referred to as the "first protocol".
Article 2
1. Any Member State may, by a declaration made at the time of signature of this Protocol or at any other later time, accept the jurisdiction of the Court of Justice of the European Communities to rule, on a preliminary basis, on the interpretation of the Convention relative to the Protection of the Financial Interests of the European Communities and the first protocol to that Convention, under the conditions defined in paragraph 2, either in point a or in point b.
2. Any Member State making a declaration under paragraph 1 may indicate:
(a) that any jurisdiction of that State whose decisions are not subject to a judicial remedy of domestic law shall have the power to request the Court of Justice of the European Communities to rule, on a prejudicial basis, on a matter raised in a pending case before it and relating to the interpretation of the Convention relative to the Protection of the Financial Interests of the European Communities and the first protocol to that Convention when it considers that a decision on this matter is necessary,
(b) that any jurisdiction of that State has the power to request the Court of Justice of the European Communities to rule, on a preliminary basis, on a matter raised in a pending case before it and relating to the interpretation of the Convention on the Protection of the Financial Interests of the European Communities and the first protocol to that Convention, when it considers that a decision on this point is necessary to render its judgment.
Article 3
1. The Protocol on the Status of the Court of Justice of the European Communities and its Rules of Procedure are applicable.
2. In accordance with the statute of the Court of Justice of the European Communities, any Member State has the right, whether or not it has made a declaration under Article 2, to file with the Court of Justice of the European Communities a memorandum or written observations in the cases before it under Article 1.
Article 4
1. This protocol is subject to the adoption by the Member States according to their respective constitutional rules.
2. The Member States shall notify the depositary of the fulfilment of the procedures required by their respective constitutional rules for the adoption of this protocol, as well as any declaration made under Article 2.
3. This protocol comes into force ninety days after the notification referred to in paragraph 2, by the State which, being a member of the European Union on the date of the adoption by the Council of the act establishing this protocol, proceeds the last to this formality. However, the entry into force of the Convention on the Protection of the Financial Interests of the European Communities is at the earliest opportunity.
Article 5
1. This protocol is open to the accession of any State that becomes a member of the European Union.
2. The instruments of accession shall be deposited with the depositary.
3. The text of the present protocol in the language of the Member State acceding, established by the Council of the European Union, is authentic.
4. This Protocol shall enter into force with respect to the Member State adhering to ninety days after the date of deposit of its instrument of accession, or on the date of entry into force of this Protocol, if it has not yet entered into force on the expiry of the said period of ninety days.
Article 6
Any State that becomes a member of the European Union and accedes to the Convention on the Protection of the Financial Interests of the European Communities in accordance with Article 12 of this Convention shall accept the provisions of this Protocol.
Article 7
1. Amendments to this Protocol may be proposed by each Member State, High Contracting Party. Any amendment proposal shall be forwarded to the depositary, who shall communicate it to the Council.
2. The amendments are decided by the Council, which recommends the adoption by the Member States according to their respective constitutional rules.
3. Such amendments shall enter into force in accordance with the provisions of Article 4.
Article 8
1. The Secretary General of the Council of the European Union is depositary of this protocol.
2. The depositary shall publish in the Official Journal of the European Communities the notifications, instruments or communications relating to this protocol.
In faith, undersigned Plenipotentiaries have affixed their signature at the bottom of this protocol.
Done in Brussels, on 29 November 1996, in a single copy, in German, English, Danish, Spanish, Finnish, French, Greek, Irish, Italian, Dutch, Portuguese and Swedish, each text being equally authentic.
DECLARATION OF THE FRENCH REPUBLIC
IN APPLICATION OF ARTICLE 2
"In accordance with the statement made by France on 14 March 2000 pursuant to Article 35 of the Treaty of the European Union, the French Republic declares that it accepts the jurisdiction of the Court of Justice of the European Communities to rule, on a preliminary basis, on the interpretation of the Convention relative to the Protection of the Financial Interests of the European Communities and the first protocol to that Convention, under the conditions set out in Article 2 (b) of that Agreement. »
Done in Paris, September 4, 2006.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Dominique de Villepin
Minister of Foreign Affairs,
Philippe Douste-Blazy
