Conclusies Raad Algemene Zaken (en)

Met dank overgenomen van Raad van de Europese Unie (Raad) i, gepubliceerd op maandag 12 september 2011.

COUNCIL OF THE EUROPEAN UNION

PROVISIONAL VERSION

PRESSE 285 PR CO 51

PRESS RELEASE

3109th Council meeting General Affairs

Brussels, 12 September 2011

President Mr Mikolaj Dowgielewicz

Secretary of State for European Affairs of Poland

PRESS

Rue de la Loi 175 B - 1048 BRUSSELS Tel.: +32 (0)2 281 6083 / 6319 Fax: +32 (0)2 281 8026

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PROVISIONAL VERSION

12.IX.2011

Main results of the Council

The Council had a first exchange of views on the Multiannual Financial Framework (2014 -2020).

The Council adopted a regulation establishing a European agency for the operational management of large-scale EU information technology systems, such as the second-generation Schengen Information System (SIS II), the Visa Information System and Eurodac, the European database for identifying asylum seekers and illegal immigrants. Scheduled to operate as from summer 2012, the agency will be sited in Tallin, with tasks related to development and operational management to be carried out in Strasbourg. A backup site will be based in Sankt Johann im Pongau (Austria).

The Council adopted a directive revising the so-called Eurovignette directive of 1999 on road use charges for heavy goods vehicles, aimed at reducing pollution and enabling smoother traffic flows.

It adopted a decision authorising the Commission to negotiate an agreement with Azerbaijan and Turkmenistan on a legal framework for a trans-Caspian pipeline system.

The Council also adopted its first reading position on a draft directive aimed at allowing member states to exempt very small businesses from accounting and financial reporting obligations.

The Council approved an extra EUR 60 million for humanitarian and food aid in the Horn of Africa and EUR 40 million for Sudan and South Sudan.

PROVISIONAL VERSION   121X 2011

CONTENTS1

PARTICIPANTS................................................................................................................................5

ITEMS DEBATED

VIII ,T I ANNUAL FINANCIAL FRAMEWORK...............................................................................7

PREPARATION OF THE OCTOBER EUROPEAN COUNCIL.......................................................8

OTHER ITEMS APPROVED

ENLARGEMENT

— Interim arrangements - Croatia................................................................................................................................9

COMMON SECURITY AND DEFENCE POLICY

— Democratic Republic of the Congo - Security sector reform - Police mission........................................................9

— EU monitoring mission in Georgia........................................................................................................................10

JUSTICE AND HOME AFFAIRS

— EU agency for large-scale IT systems....................................................................................................................10

— Counter-terrorism...................................................................................................................................................10

— Automated data exchange with Romania...............................................................................................................11

GENERAI AFFAIRS

— Co-operation and verification mechanism for Bulgaria and Romania...................................................................11

BUDGETS

— Humanitarian aid for the Horn of Africa, Sudan and South Sudan........................................................................12

— Additional resources for EU actions in the field of migration...............................................................................12

— European External Action Service - European Data Protection Supervisor..........................................................13

Where declarations, conclusions or resolutions have been formally adopted by the Council, this is indicated in the heading for the item concerned and the text is placed between quotation marks. Documents for which references are given in the text are available on the Council's Internet site (http://www.consilium.europa.eu).

Acts adopted with statements for the Council minutes which may be released to the public are indicated by an asterisk; these statements are available on the Council's Internet site or may be obtained from the Press Office.

PROVISIONAL VERSION   121X 2011

ECONOMIC AND FINANCIAL AFFAIRS

— External auditors of the central bank of Austria....................................................................................................13

TRADE POIICY

— Negotiations on investment: Canada - India - Singapore.......................................................................................13

— International rubber study group............................................................................................................................14

— Anti-dumping - Ceramic tiles - China....................................................................................................................14

ENERGY

— Trans-Caspian Pipeline System.............................................................................................................................14

TRANSPORT

— "Euro vignette"*.....................................................................................................................................................15

INTEIIECTUAI PROPERTY

— Protection of music recordings..............................................................................................................................15

COMPANY LAW

— Reporting rules for micro-enterprises....................................................................................................................16

EMPLOYMENT

— European Globalisation Adjustment Fund - Netherlands......................................................................................17

AGRICULTURE

— Preventive measures for Zoonotic disease - Extension of period for raising objections........................................17

DECISIONS TAKEN BY WRITTEN PROCEDURE

— Anti-dumping and countervailing measures..........................................................................................................18

— Public access to documents - EU archives.............................................................................................................19

DECISIONS TAKEN BY THE REPRESENTATIVES OF THE MEMBER STATES

— Appointment of judges at the Court of Justice and General Court........................................................................20

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PROVISIONAL VERSION

12.IX.2011

PARTICIPANTS

Belgium:

Mr Steven VANACKERE

Bulgaria:

Mr Nickolay MLADENOV

Czech Republic:

Mr Karei SCHWARZENBERG

Denmark:

Ms Lene ESPERSEN

Germany:

Mr Werner HOYER

Estonia:

Mr Urmas PAET Ireland:

Mr Eamon GILMORE Ms Lucinda CREIGHTON

Greece:

Ms Mariliza XENOGIANNAKOPOULOU Spain:

Mr Diego LÓPEZ GARRIDO France:

Mr Jean LEONETTI Italy:

Mr Alfredo MANTICA Cyprus:

Ms Erato KOZAKOU-MARCOULLIS Latvia:

Mr Girts Valdis KRISTOVSKIS Lithuania:

Mr Egidijus MEILÜNAS

Luxembourg:

Mr Jean ASSELBORN

Hungary:

Mr Janos MARTONYI Ms Enikö GYÖRY

Malta:

Mr Tonio BORG

Netherlands:

Mr Ben KNAPEN

Austria:

Mr Michael SPLNDELEGGER

Deputy Prime Minister and Minister for Foreign Affairs and Institutional Reforms

Minister for Foreign Affairs

First Deputy Prime Minister and Minister for Foreign Affairs

Minister for Foreign Affairs

Minister of State, Ministry of Foreign Affairs

Minister for Foreign Affairs

Tanaiste and Minister for Foreign Affairs Minister of State for European Affairs

Deputy Minister for Foreign Affairs

State Secretary for the European Union

Minister for European Affairs

State Secretary for Foreign Affairs

Minister for Foreign Affairs

Minister for Foreign Affairs

Deputy Minister for Foreign Affairs

Deputy Prime Minister and Minister for Foreign Affairs

Minister for Foreign Affairs Minister of State for EU Affairs

Deputy Prime Minister and Minister for Foreign Affairs

Minister for European Affairs and International Cooperation

Vice-Chancellor and Federal Minister for European and International Affairs

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12.IX.2011

Poland:

Mr Mikolaj DOWGIELEWICZ Portugal:

Mr Miguel MORAIS LEITAO Romania:

Mr Anton NICULESCU Slovenia:

Mr Mitj a GASPARI Slovakia:

Mr Milan JEZOVICA Finland:

Mr Alexander STUBB Sweden:

Ms Birgitta OHLSSON

United Kingdom:

Mr David LIDINGTON

Secretary of State for European Affairs

State Secretary for European Affairs

State Secretary for Institutional Development and Relations with Parliament, Ministry of Foreign Affairs

Minister responsible for Development and European Affairs

State Secretary at the Ministry of Foreign Affairs

Minister for European Affairs and Foreign Trade

Minister for EU Affairs

Minister of State for Foreign and Commonwealth Affairs

Commission:

Mr Maros SEFCOVIC

Mr Janusz LEWANDOWSKI

Vice-President Member

PROVISIONAL VERSION

12.IX.2011

ITEMS DEBATED

MULTIANNUAL FINANCIAL FRAMEWORK

The Council was informed, on the basis of a note from the presidency (13127/11), of progress in technical discussions on the duration and structure of the EU's next multiannual financial framework (MFF), and on provisions on flexibility and macroeconomic assumptions.

Ministers held a first formal exchange of views over lunch.

The presidency intends to continue discussions until the end of the year so as to enable a better understanding of the proposals and of the positions of member states, and thus to allow the subsequent presidency to oversee negotiations aimed at a successful and timely conclusion of the new framework.

PROVISIONAL VERSION

PREPARATION OF THE OCTOBER EUROPEAN COUNCIL

12.IX.2011

The Council examined an annotated draft agenda for the European Council meeting to be held on 17-18 October (130 78/11).

The European Council is expected to focus on:

• Economic policy : The external aspects of the EU's economic policy, with a view to enhancing competitiveness and growth.

• G20: The EU's position for the G20 summit to take place in Cannes on 3-4 November.

• Climate change: The EU's position for the United Nations conference on climate change to be held in Durban from 28 November to 9 December.

The Council will hold a further discussion at a meeting on 13 October, on the basis of draft European Council conclusions.

PROVISIONAL VERSION

12.IX.2011

OTHER ITEMS APPROVED

ENLARGEMENT

Interim arrangements - Croatia

The Council approved internal arrangements to supplement arrangements agreed with Croatia for the interim period between the conclusion of negotiations on its accession to the EU and the entry into force of a Treaty of Accession.

The internal arrangements follow those used at the time of the EU's previous enlargement. They define in particular how an information and consultation procedure agreed with Croatia, and the observer status from which Croatia will benefit in the run-up to its accession, will be implemented in practice.

COMMON SECURITY AND DEFENCE POLICY

Democratic Republic of the Congo - Security sector reform - Police mission

The Council amended decision 2010/565/CFSP on the EU mission in support of security sector reform in the Democratic Republic of the Congo (EUSEC RD Congo), setting the financial reference amount for the period from 1 October 2011 to 30 September 2012 at EUR 13.6 million.

The mission provides advice and assistance to the Congolese authorities whilst ensuring the promotion of policies that are compatible with human rights and international humanitarian law, democratic standards, transparency and the rule of law.

The Council also extended the EU police mission in the Democratic Republic of the Congo until 30 September 2012, setting the financial reference amount to cover the mission at EUR 7.15 million.

The EU police mission will continue to assist the Congolese authorities with the reform of the Congolese National Police (PNC). The Council modified the mission statement so that the mission can contribute to local and international efforts for the reinforcement of PNC capabilities, including in the run-up to forthcoming elections.

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12.IX.2011

EU monitoring mission in Georgia

The Council prolonged the EU monitoring mission in Georgia by one year, i.e. until 14 September 2012. The objective of the mission continues to be to contribute to stability throughout Georgia and the surrounding region. The budget of the mission for the additional year was set at EUR 23.9 million.

JUSTICE AND HOME AFFAIRS EU agency for large-scale IT systems

The Council adopted, on the basis of a text agreed with the European Parliament, a regulation establishing a European agency for the operational management of large-scale EU information technology systems (10827/1/11).

IT systems to be managed by the new agency will include the second generation Schengen Information System (SIS II), the Visa Information System and Eurodac, the European database for identifying asylum seekers and illegal immigrants.

The agency is scheduled to start working in summer 2012. Its seat will be in Tallin, Estonia, while tasks related to development and operational management will be carried out in Strasbourg, France. A backup site will be installed in Sankt Johann im Pongau, Austria.

For details, see press release 13921/11. Counter-terrorism

The Council adopted conclusions on the fight against terrorism, in the context of the commemoration of the 10th anniversary of 11 September.

The conclusions reaffirm the Council's commitment to implementation of the EU's counter-terrorism strategy1 and action plan on combating terrorism2. They underscore the importance of continuing to tackle extremism and radicalisation in all its forms.

The conclusions can be found in:

http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/jha/124564.pdf

l

14469/4/05 15893/10

PROVISIONAL VERSION

12.IX.2011

Automated data exchange with Romania

The Council adopted a decision on the launch of automated data exchange concerning vehicle registration data in Romania (12647/11).

The evaluation procedure required by decision 2008/616/JHA1 concluded that Romania has fully implemented general provisions on data protection and that it is therefore entitled to receive and supply personal data as from the date of the entry into force of the decision.

GENERAL AFFAIRS

Co-operation and verification mechanism for Bulgaria and Romania

The Council adopted conclusions on the co-operation and verification mechanism for Bulgaria and Romania, on the basis of two interim progress reports from the Commission.

The mechanism2 was established upon accession to the EU of the two countries in order to assist them in establishing an impartial, independent and effective judicial and administrative system. The Commission intends to present in summer 2012 an overall assessment of the progress made by Bulgaria and Romania since 1 January 2007 within the framework of the co-operation and verification mechanism.

The conclusions can be found in:

http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/jha/124566.pdf

1   OJL210.6.8.2008

2  Commission decision 2006/929/EC of 13 December 2006 establishing a mechanism for cooperation and verification of progress in Bulgaria to address specific benchmarks in the areas of judicial reform, the fight against corruption and the fight against organised crime (OJL354. 14.12.2006. p. 58) .

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PROVISIONAL VERSION

12.IX.2011

BUDGETS

Humanitarian aid for the Horn of Africa, Sudan and South Sudan

The Council approved an extra EUR 60 million for humanitarian and food aid in the Horn of Africa and EUR 40 million for Sudan and South Sudan.

For the Horn of Africa (the countries concerned are Djibouti, Eritrea, Ethiopia, Kenya, Somalia and Uganda), EUR 30 million will be granted respectively for humanitarian and food aid, whereas for Sudan and South Sudan EUR 25 million will be allocated to humanitarian aid and EUR 15 to food aid.

These resources come in addition to EUR 64 million already committed from the EU budget in humanitarian assistance for the Horn of Africa and EUR 27.8 million made available from remaining funds under the European Development Fund. For Sudan and South Sudan, EUR 100 million in humanitarian assistance has been provided up to now.

Additional resources for EU actions in the field of migration

The Council adopted its position on draft amending budget no 4 for 20111, approving the mobilisation of additional EUR 52.2 million in commitments and EUR 43.9 million in payments for the management of migration flows, supporting member states concerned by the high migratory pressure due to recent developments in the Southern Mediterranean.

EUR 22.2 million in commitments and EUR 19.9 million in payments will be used to reinforce the EU's External Borders Fund, the European Return Fund and the European Refugee Fund to finance transnational actions in emergency situations.

EUR 30 million in commitments and EUR 24 million in payments will be allocated to Frontex, the EU's border security agency, in order to strengthen its maritime surveillance capacities. The commitments will be covered by redeployment of EUR 11.1 million and by drawing EUR 41.1 million from the margin under budget sub-heading 3a (freedom, security and justice), which currently stands at EUR 67 million.

The Austrian and the Dutch delegations voted against, the German and the Swedish delegations abstained.

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PROVISIONAL VERSION

12.IX.2011

By adopting its position on draft amending budget no 4 for 2011, the Council also approved the reduction of the payments for energy projects under the European Economic Recovery Plan by EUR 352 million, following delays in payment schedules and the revision of forecasts of the traditional own resources, as well as of value-added tax (VAT) and gross national income (GNI) bases.

European External Action Service - European Data Protection Supervisor

The Council adopted its position on draft amending budget no 5 for 2011, approving modifications to the establishment plans of the European External Action Service and the European Data Protection Supervisor. These modifications do not lead to any additional budgetary requests for 2011.

ECONOMIC AND FINANCIAL AFFAIRS External auditors of the central bank of Austria

The Council adopted a decision approving the appointment of TP A Horwath Wirtschaftspriifung GmbH and Ernst & Young Wirtschaftspriifungsgesellschaft m.b.H. as external auditors of the Oesterreichische Nationalbank for 2011, with the possibility of renewal on an annual basis, not exceeding a total term of five years.

TRADE POLICY

Negotiations on investment: Canada - India - Singapore

The Council authorised the Commission, on behalf of the EU, to open negotiations on investment with Canada, India and Singapore within the framework of the ongoing bilateral negotiations with these countries on trade liberalisation.

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12.IX.2011

International rubber study group

The Council authorised the signing on behalf of the EU and provisional application of an amended constitution and rules of procedure of the international rubber study group.

The IRSG is an intergovernmental organisation for the discussion of matters affecting the supply of and demand for natural and synthetic rubber.

Anti-dumping - Ceramic tiles - China

The Council adopted a regulation imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ceramic tiles originating in China

(13470/11) .

ENERGY

Trans-Caspian Pipeline System

The Council adopted a decision authorising the Commission to negotiate an agreement with Azerbaijan and Turkmenistan on a legal framework for a Trans-Caspian (natural gas) Pipeline System.

The establishment of a legal framework is part of the response given to a call by the European Council last February for the development of strategic corridors for the transport of large volumes of gas to the European market.

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PROVISIONAL VERSION

12.IX.2011

TRANSPORT

"Eurovignette"*

The Council adopted1, on the basis of a text agreed with the European Parliament in second reading, a directive revising the so-called Eurovignette directive of 1999 on road use charges for heavy goods vehicles (24/11 + 13134/11 ADD 1).

The directive is aimed at reducing pollution from road freight transport and making traffic flow smoother by levying tolls that factor-in the cost of air and noise pollution due to traffic (so-called external costs) and help reduce road congestion. To this end, member states may apply an "external cost charge" on lorries, complementing the existing infrastructure charges; they may also modulate the infrastructure charge to take account of road congestion.

The level of tolls will vary depending on vehicle emissions, the distance travelled and the location and the time of road use. Such differentiated charging is intended to encourage a move to transport patterns that are more respectful of the environment.

For details, see press release 13915/11.

INTELLECTUAL PROPERTY

Protection of music recordings

The Council adopted a directive2 extending from 50 to 70 years the term of protection of the rights of performers and phonogram producers on music recordings (16/11 + 10568/11 ADD 1).

For details, see press release 13972/11.

1 The Spanish and Italian delegations voted against, the Irish, Netherlands and Portuguese

delegations abstained.

The Belgian, Czech, Luxembourg, Netherlands, Romanian, Slovak, Slovenian and Swedish delegations voted against, and the Austrian and Estonian delegations abstained.

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PROVISIONAL VERSION

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COMPANY LAW

Reporting rules for micro-enterprises

The Council adopted, in accordance with a political agreement reached on 30 May, its first reading position1 on a draft directive aimed at allowing member states to exempt very small enterprises (also known as "micro-entities") from accounting and financial reporting obligations (10765/11 and 10765/11 ADD 1).

The Council's position will now be forwarded to the European Parliament for a second reading.

The general aim of the draft directive is to reduce administrative burdens for very small companies. Its main features include:

- Definition of micro-entities to which a lighter accounting regime would apply.

The draft directive provides that, in order to qualify as a "micro-entity", a company must not exceed the limits of two of the following three criteria on its balance sheet: a balance sheet total of EUR 250,000, a net turnover of EUR 500,000 and an average of ten employees during the financial year in question.

- Exemption from publication of annual accounts.

The draft directive would allow member states to exempt micro-entities from the publication of annual accounts in accordance with directive 78/660/EEC. This optional exemption would be compatible with national obligations to keep records showing the company's business transactions and financial situation.

The German (13133/11ADD1) and Portuguese delegations abstained from voting. 13587/11

PROVISIONAL VERSION

12.IX.2011

EMPLOYMENT

European Globalisation Adjustment Fund - Netherlands

The Council adopted four decisions mobilising a total of EUR 5.88 million under the European globalisation adjustment fund in support of workers made redundant in the printing and reproduction sector in different regions of the Netherlands.

The support comes in response to a decline in demand for printed media material as a consequence of the global economic crisis. EUR 2.65 million is mobilised for dismissed workers in South-Holland and Utrecht, EUR 1.85 million for North-Holland and Flevoland, and EUR 0.7 million respectively for dismissed workers in Overijssel and in North-Brabant.

AGRICULTURE

Preventive measures for Zoonotic disease - Extension of period for raising objections

The Council decided to extend by two months, until 14 November, the period for raising objections to a draft Commission regulation on Alveolar echinococcosis, a rare zoonotic disease.

Alveolar echinococcosis is considered one of the most severe human parasitic diseases in nontropical areas. It is caused by the larval stages of the tapeworm Echinococcus multilocularis (EM) whose definitive host is usually the red fox whereas arvicolid rodents act as intermediate hosts.

The increasing urbanisation of fox populations in many European cities is of particular concern not only because humans may become accidentally infected by ingesting fruit and vegetables contaminated with eggs excreted by infected foxes, but first and foremost because infected urban foxes may establish a transmission cycle close to humans and dogs.

The draft Commission regulation lays down the preventive health measures for the control of EM infection in dogs.

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PROVISIONAL VERSION

12.IX.2011

The draft regulation is a delegated act in the sense of article 290 of the Treaty on the Functioning of the EU (TFEU) and supplements regulation 998/2003 on the animal health requirements for the non-commercial movement of pet animals. In line with TFEU the Council and the European Parliament included in the regulation 998/2003 the right for the two of them to object to a delegated act supplementing or amending regulation 998/2003 within a period of two months from the notification. Delegated acts cover almost the same type of measures as those adopted so far under the "regulatory procedure with scrutiny". It is recalled that under article 290 there is no committee involved in their adoption (contrary to acts adopted under the comitology rules).

DECISIONS TAKEN BY WRITTEN PROCEDURE

Anti-dumping and countervailing measures

  • polyethylene terephthalate - India

On 12 August, the Council adopted a regulation terminating the partial reopening of the antidumping interim review investigation concerning imports of polyethylene terephthalate (PET) film originating in India (13197/11)

On 1 September, the Council adopted a regulation terminating a partial interim review concerning the anti-dumping measures on imports of certain PET originating in India, without amending the measures in force (13443/11).

On 2 September, the Council adopted a regulation amending regulation 193/2007 imposing a definitive countervailing duty on imports of PET originating in India, and amending regulation 192/2007 imposing a definitive anti-dumping duty on imports of certain PET originating in, inter alia, India (13434/11).

  • barium carbonate - China

On 16 August, the Council adopted a regulation imposing a definitive anti-dumping duty on imports of barium carbonate originating in China following an expiry review pursuant to regulation 1225/2009 (13106/11).

PROVISIONAL VERSION

12.IX.2011

  • castings - China

On 26 August, the Council adopted a regulation terminating the review of the anti-dumping measures concerning imports of certain castings originating in China and repealing those measures

(13377/11) .

  • yarn of polyesters - China, Korea and Taiwan

On 6 September, the Council adopted a regulation amending regulation 1105/2010 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of high tenacity yarn of polyesters originating in China, and terminating the proceeding concerning imports of high tenacity yarn of polyesters originating in the Republic of Korea and Taiwan (13456/11).

Public access to documents - EU archives

On 28 July, the Council approved replies to :

  • confirmatory application No 17/c/01/l 1 (11940/1/11 REV 7), the Danish, Estonian, Finnish and Swedish delegations voting against;

confirmatory application No 18/c/01/l 1 (12450/11 + COR 1\ the Swedish delegation voting against; and

confirmatory application No 19/c/01/l 1) (12525/11).

The Council also approved a framework partnership agreement for the deposit of EU historical archives at the European University Institute in Florence (12847/11)

PROVISIONAL VERSION   121X 2011

DECISIONS TAKEN BY THE REPRESENTATIVES OF THE MEMBER STATES

Appointment of judges at the Court of Justice and General Court

On 8 September, the representatives of the governments of the member states appointed:

Mr Carl Gustav Fernlund as new member of the Court of Justice for a mandate expiring on 6 October 2012;

Ms Mariyana Kancheva as new member of the General Court (the former Court of First Instance) for a mandate expiring on 31 August 2013.

The Court of Justice is composed of 27 judges that are appointed by common accord of the governments of the member states. They are appointed for a term of office of six years, renewable. A judge who replaces a member of the Court whose terms of office has not expired is appointed for the remainder of his predecessor's term. The judges elect the Court's president from amongst their number for a renewable term of three years

The General Court is made up of at least one judge from each member state. Judges are appointed for a term of office of six years, renewable. In the event of a judge being replaced during the course of his/her term of office, a successor is appointed for the remainder of the six-year-period. The judges appoint a president from amongst their number for a period of three years.

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