The Conference on European Communities, at its meeting of 11 December 1997, adopted an Agreement on the participation of the Autonomous Communities in proceedings before the Court of Justice of the European Communities, signed by all the Autonomous Communities, with the exception of that of the Basque Country.

In order to comply with the provisions of paragraph 4 of Article 10 of the Rules of Procedure of the Conference, on the proposal of the Secretaries of State for Foreign Policy and for the European Union Territorial, the publication of the said Agreement is available as an annex to this Resolution.

Madrid, March 24, 1998. -Assistant Secretary Juan Junquera Gonzalez.

ANNEX

Agreement between the General Administration of the State and the Administrations of the Autonomous Communities on the participation of the Autonomous Communities in proceedings before the Court of Justice of the European Communities European EXPLANATORY STATEMENT

Conference on European Communities (hereinafter the Conference), at its meeting of 29 November 1990, adopted an agreement to regulate the intervention of the autonomous communities in the proceedings. the State in pre-litigation proceedings of the Commission of the European Communities and in matters relating to the Court of Justice of the European Communities (hereinafter referred to as the Court of Justice) affecting their powers.

This Agreement regulates, in accordance with the constitutional principle of collaboration, a procedure which has been shown to be effective in organising the participation of the Autonomous Communities in the actions of the Kingdom of Spain, both in the pre-litigation stage as in the judicial phase of the remedies for non-compliance affecting the powers of the Autonomous Communities.

However, there are other aspects of the judicial action of the Kingdom of Spain before the Court of Justice which may have an impact on the powers of the Autonomous Communities and which are not provided for in the above. Agreement.

This is the case in which an Autonomous Community wishes that a provision or act adopted by a Community institution which is capable of producing legal effects is contested by the Kingdom of Spain, by understanding that it is is vitiated by illegality and falls within the scope of its powers or which the Kingdom of Spain intervenes as an intervener in proceedings before the Court of Justice. It is also necessary to mention the cases in which an Autonomous Community is interested in the interposition of an action for inaction because the failure to act by a Community institution causes it to cause any damage or to those cases in which it is considered It is appropriate to request the Court of Justice for an opinion on the compatibility with the EC Treaty of an Agreement provided for by the European Community.

In addition, the assumptions provided for in the 1990 Agreement should also be extended to the non-compliance resources which the Kingdom of Spain may bring against another Member State under Article 170 of the EC Treaty. Similarly, the obligation of information of the Secretariat of State for Foreign Policy and for the European Union provided for in the said Agreement, in relation to questions referred to the Court, should be extended to all those raised by any body. the court of a Member State which has its origin in a provision, decision or act emanating from the bodies of an Autonomous Community.

On the other hand, the Council of Ministers, in its Agreement of 13 June 1986, set up the Monitoring and Coordination Commission for the Spanish State Defense-Related Acts before the European Court of Justice. (hereinafter the Monitoring Committee) as a body responsible for examining all possible interventions by the Kingdom of Spain before the Court of Justice, ensuring coordination between the various ministerial departments and administrations and promoting the intervention of the Legal Service of the State before the Court of Justice Justice.

Therefore, the Conference, aware that there is a gap in this matter, and that it is appropriate to arbitrate a procedure that facilitates collaboration between the General Administration of the State and the Administration of the Communities Autonomous in the interposition and processing of such resources which takes into account the brevity of the procedural time-limits laid down in Community legislation, at its meeting on 11 December 1997, it

the following

AGREEMENT

About the override resource

First. -When an Autonomous Community considers that a provision or act adopted by a Community institution which may produce legal effects must be challenged by the Kingdom of Spain before the Court of Justice, by being vitiated by illegality and affecting its powers or interests, it shall bring it to the attention, through the member of its Governing Council, which forms part of the plenary session of the Conference, of the President of the Monitoring Committee within a period of 20 calendar days from the publication or notification of the provision or act which intended to be contested.

The Autonomous Community must mention in its request the reasons why it understands that the Community provision or act whose challenge is sought is vitiated by a vitio of nullity, and to what extent that rule affects its powers.

Likewise, if an Autonomous Community is interested in the Kingdom of Spain intervening as an intervener in proceedings before the Court of Justice, in order to understand that the judgment which may be given in the case may affect the its powers, shall bring it to the attention of the President of the Monitoring Committee within a period of one month following the publication of the appeal in the Official Journal of the European Communities.

Second.-The President of the Monitoring Committee will give the request made by the Autonomous Community to the ministerial departments concerned by reason of the matter and to the representative in the plenary session of the Conference. of the other Autonomous Communities so that, within a period of 10 calendar days, they make their observations.

Third.-Translate the ten-day period referred to in the previous paragraph, the Monitoring Committee shall, by means of a reasoned decision after having given a hearing to the Autonomous Communities concerned, decide on the whether or not the Kingdom of Spain has brought the action for annulment or the application for action.

For the purposes of the hearing referred to in the preceding paragraph, the Community or Autonomous Communities which have applied for the application to be brought or to intervene as an intervener, as well as those which would have been (a) the Commission shall be invited to the meeting at which the Monitoring Committee resolves the request for the purpose of expressing its opinion.

Fourth. -Decided the interposition of the action or the application for action, the President of the Monitoring Committee shall transfer the agreement to the Advocate of the State-Head of the Legal Service of the State before the Court of Justice, so that, on the part of that Service, all necessary procedural steps are taken.

The Advocate of the State of the Legal Service before the Court of Justice who is the agent of the Kingdom of Spain in that procedure shall always act in permanent contact with the Autonomous Community which has applied for the (a) the right to appeal, and the appeal may be appointed by lawyers or advisers to assist the action before the Court of Justice.

Fifth. -When the Kingdom of Spain wants to challenge a Community Disposition before the Court of Justice that affects some Autonomous Community, it will put it in its knowledge, so that, within twenty calendar days, it will formulate the comments that they consider relevant.

Likewise, if an Autonomous Community decides to bring an action or a request for intervention, it will inform the President of the Monitoring Committee, through the member of its Governing Council, that is part of the plenary session of the Conference on related matters with the European Communities, so that the State may, within 20 calendar days, make any comments it considers relevant.

Sixth.-Taking into account the time limit laid down in Article 33 of the ECSC Treaty for the exchange of an action for annulment, the time limits referred to in this Agreement shall be reduced by half in the case of the to challenge a Community provision in the field of the ECSC Treaty.

About the Inaction Resource

Seventh. -If an Autonomous Community considers that a Community institution has refrained from acting, thereby causing injury, it may, through the procedure provided for in the first subparagraph, request that the Kingdom of Spain requires the aforementioned institution to act and, where appropriate, to bring an action before the Court of Justice.

The provisions of the second, third and fourth points of this Agreement shall apply.

On the request for an opinion to the Court of Justice on the compatibility with the provisions of the EC Treaty of any envisaged Agreement to be concluded by the European Community

Eighth. -If an Autonomous Community understood that it is appropriate, in accordance with Article 228 (6) of the EC Treaty, to request an opinion from the Court of Justice on the compatibility of any agreement provided for in the Treaty, may request it, in accordance with the procedure laid down in the first subparagraph, for the Kingdom of Spain to make a request.

The provisions of the second, third and fourth points of this Agreement shall apply.

On the procedure for non-compliance of the Member States governed by Article 170 of the EC Treaty

Ninth. The procedure laid down in the first to the fourth points of this Agreement shall also apply when an Autonomous Community wishes the Kingdom of Spain to sue another Member State for non-compliance with the obligations incumbent upon it under the Treaties.

On questions for a preliminary ruling

10th.-The Secretariat of State for Foreign Policy and for the European Union shall inform the Autonomous Communities of the questions referred to it by any court of a Member State of the Community. European, provided that the case has its origin in a provision, resolution or act emanating from the organs of an Autonomous Community, or in the omission thereof, or in a provision of the State which affects its powers.

The Autonomous Communities, in accordance with the procedure laid down in point 1, may request the intervention of the State by submitting their observations.

The provisions of the second, third and fourth points of this Agreement shall apply.

On the procedure for failure to comply with Article 169 of the EC Treaty

Eleventh.-The Minister of Foreign Affairs, through the Secretariat of State for Foreign Policy and for the European Union as an organ of coordination in the field, shall communicate to the Community or Autonomous Communities the written of complaints, letters of formal notice, reasoned opinions and other communications received from the Commission of the European Communities affecting their powers.

If the Autonomous Community understands that the time limits laid down by the Commission to respond to the letters referred to in the previous paragraph are insufficient, it may request the Secretariat of State to be requested by the Commission. extension of the period granted. In any event, such requests shall be duly substantiated.

It is up to the Secretariat of State for Foreign Policy and the European Union to coordinate the various administrations concerned in relation to the various actions covered by this Agreement, and in particular to the effects of making the response.

The Autonomous Community concerned shall provide the Secretariat of State with the answer it considers relevant in each case or, in the event of being affected more than one Administration, the elements it deems appropriate for the drawing up a single response. The Secretariat of State, in permanent contact with the Autonomous Community or Autonomous Communities concerned, shall transmit to the Commission, through the Permanent Representation to the European Union, the corresponding response. It shall inform the Autonomous Communities of the dispatch of the same as well as of the successive formalities in which the files are to be found.

When more than one Administration or an estimate required by an Autonomous Community concerned or by the Secretariat of State for the European Communities is involved, both the Autonomous Community and the Secretariat of The state may request and convene preparatory meetings, respectively, to be held at the headquarters of the Secretariat of State.

When meetings are held with the Commission services to study the infringement procedures initiated against the Kingdom of Spain, the Secretariat of State shall inform the Autonomous Communities concerned, which may If they so request, they shall participate in such meetings. The Autonomous Communities shall in any case be informed of the content of the meetings held.

In cases of appeal to the Court of Justice of the European Communities, where the possible failure to comply has its origin in a provision, decision or act emanating from the bodies of a Community The Court of Justice may, or in its failure to act, appoint lawyers or advisers to assist the Advocate of the State of the Legal Service before the Court of Justice, who is the agent of the Kingdom of Spain in the proceedings before the Court of Justice. Court of Justice.

Additional disposition.

The provisions of this Agreement, referred to the Autonomous Communities, shall apply on the same terms, as long as it affects the statutory powers conferred on the cities of Ceuta and Melilla.

Additional derogation provision.

The Conference Agreement of 29 November 1990 on the use of non-compliance under Article 169 of the EC Treaty and the questions referred to the Court for a preliminary ruling is without effect.