MINUTES OF THE MEETING OF THE PRESIDENTIAL TROIKA OF COSAC

Stockholm, 4 October 2009

PRESENT AT THE MEETING:

IN THE CHAIR: Ms Anna KINBERG BATRA (Riksdag, Sweden);Ms Susanne EBERSTEIN (Riksdag, Sweden), Mr Luděk SEFZIG (Senát, Czech Republic), MsSoňa MARKOVÁ (Poslaneckásněmovna,Czech Republic), Mr Miguel ARIAS CAÑETE(CortesGenerales,Spain), ), Mr Alex SAEZ JUBERO (CortesGenerales,Spain), Mr EdwardMcMILLAN-SCOTT (European Parliament), Mr Carlo CASINI (European Parliament), MrJuan Fernando LÓPEZ AGUILAR (European Parliament).

AGENDA:

1. Opening of the proceedings and adoption of the agenda of the Troika Meeting2. Adoption of the draft agenda of the XLII COSAC Meeting3. 12th Bi-annual Report4. Report on the results of the subsidiarity check and next subsidiarity check5. Nomination of the Permanent Member of the COSAC Secretariat and the state of play in theco-financing issue6. Draft Contribution and Conclusions of the XLII COSAC Meeting7. AOB

PROCEEDINGS:

1. Opening of the proceedings and adoption of the agenda of the Troika Meeting

The meeting was chaired by Ms Anna KINBERG BATRA, Chair of the Committee onEuropean Union Affairs of the SwedishRiksdag,who welcomed the delegations and presentedthe agenda of the meeting of the Presidential Troika of COSAC (henceforth "the Troika").The agenda was unanimously adopted as set out above.

2. Adoption of the draft agenda of the XLII COSAC Meeting

Ms Anna KINBERG BATRA outlined the draft agenda of the meeting of the XLII COSAC.She explained some final adjustments to the draft agenda due to recent developments.Regarding the results of the Irish referendum on the Treaty of Lisbon on 2 October 2009, thePresidency proposed during the opening session of the XLII COSAC to give the floor to MrBernard DURKAN, Chair of the Joint Committee on European Affairs of the IrishHouses ofthe Oireachtas,and to the colleagues from the Czech Republic for the latest updates on theirratification procedures.Ms Anna KINBERG BATRA added that the intention of the Presidency was to hear briefinformation during the opening session and to have a more detailed discussion on the issuelater on in the presence of the Prime Minister of Sweden Mr Fredrik REINFELDT.

In addition, due to Iceland’s application for EU membership, the Presidency suggested givingthe floor to Mr Árni Thor SIGURDSSON, the Chair of the Committee on Foreign Affairs ofthe IcelandicAlþingi,to briefly inform COSAC about recent developments in this area.The draft agenda was approved by consensus.

3. 12th Bi-annual Report

Ms Anna KINBERG BATRA introduced the 12th Bi-annual Report and thanked the COSACSecretariat for drafting it and the national parliaments and the European Parliament for theircontributions. Ms Anna KINBERG BATRA informed the Troika that the Presidency believedthat the Report could be useful as a background document for discussions at the XLII COSACMeeting and that the results of the 12th Bi-annual Report were reflected in the draftContribution and Conclusions of the XLII COSAC.The Troika endorsed the 12th Bi-annual Report of COSAC.

4. Report on the results of the subsidiarity check and next subsidiarity check

Ms Anna KINBERG BATRA suggested dividing the topic into two questions which should bediscussed separately.First - the current subsidiarity check on theProposal for a Council Framework Decision on theright to interpretation and to translation in criminal proceedings(COM (2009) 338). Ms AnnaKINBERG BATRA presented the Report on the results of the subsidiarity check which wasdrafted by the COSAC Secretariat and published before the XLII COSAC Meeting.For the COSAC plenary debate on the current subsidiarity check, the COSAC Secretariat wasasked to draft a list of parliaments which had completed the subsidiarity check by the 8-weekdeadline,i.e.by 14 September 2009, and parliaments which had completed the check as of theday of the XLII COSAC meeting. The COSAC Secretariat was also asked to draft anaddendum to the Report which would include key information on the subsidiarity checkscarried out within an additional 4 weeks,i.e.by 12 October 2009 (not including the 4 weeks ofAugust).Second - future subsidiarity checks. The Swedish Presidency noted that the next check wouldbe carried out as decided earlier at the XXXIX COSAC and confirmed by the XL COSAC andXLI COSAC (Proposalfor a Regulation of the European Parliament and of the Council on theapplicable law, jurisdiction, recognition of decisions and administrative measures in the areaof successions and wills).The adoption by the Commission had been postponed several timesand was now expected on 14 October 2009.Given the uncertainty about the final ratification of the Treaty of Lisbon, Ms KINBERGBATRA suggested making a proposal to the XLII COSAC Meeting that the debate on thefuture COSAC-coordinated subsidiarity checks should not be concluded in Stockholm but leftopen for the incoming Spanish Presidency. Mr Miguel ARIAS CAÑETE welcomed this

suggestion and expressed his hope that the Treaty of Lisbon would come into force by thattime.The proposal of the Presidency was accepted.

5. Nomination of the Permanent Member of the COSAC Secretariat and the state of play

in the co-financing issue

Ms Anna KINBERG BATRA informed the Troika that there was only one candidate, MsLoreta RAULINAITYTĖ, the current Permanent Member of the COSAC Secretariat, whosecandidacy had been submitted by theSeimasof the Republic of Lithuania.Troika approved the candidacy of Ms Loreta RAULINAITYTĖ for reappointment for thesecond term until 31 December 2011.As to the co-financing of the Permanent Member of the COSAC Secretariat and the costs ofrunning the office and website of COSAC, Ms Anna KINBERG BATRA informed COSACthat the Presidency had already received 18 letters of intent (binding 16 national parliaments),which meant that the minimum threshold for the co-financing scheme had been met and thatthe following day she would invite the remaining parliaments to send their letters of intent bythe end of 2009.

6. Draft Contribution and Conclusions of the XLII COSAC Meeting

Ms Anna KINBERG BATRA introduced the draft of the Contribution and Conclusions of theXLII COSAC. The first draft had been sent to national parliaments and to the EuropeanParliament in advance of the XLII COSAC Meeting. Ms Anna KINBERG BATRA expressedher thanks for the amendments and comments which had been submitted and which thePresidency had taken into consideration while preparing the second draft of the Contributionand Conclusions of the XLII COSAC.Mr Edward McMILLAN-SCOTT underlined the absolute democratic legitimacy of theapproval of the Treaty of Lisbon by all national parliaments, pending formal approval by theIrishHouses of the Oireachtas.The Presidency announced that it would supplement the draft with a few paragraphs on theoutcome of the 2 October 2009 referendum in Ireland and the appointment of the PermanentMember of the COSAC Secretariat.The Troika approved the draft Contribution and Conclusions of the XLII COSAC byconsensus.

7. AOB

Ms Anna KINBERG BATRA informed the Members of the Presidential Troika that Her RoyalHighness the Crown Princess Victoria of Sweden would participate in the XLII COSACmeeting the following day.