Declaration concerning the competence of the European Community with regard to matters governed by the United Nations Convention against Corruption
ANNEX IISupplementary provisions
ANNEX II Declaration concerning the competence of the European Community with regard to matters governed by the United Nations Convention against Corruption Article 67(3) of the United Nations Convention against Corruption provides that the instrument of ratification, acceptance or approval of a regional economic integration organisation shall contain a declaration on the extent of its competence. 1. The Community notes that, for the purposes of the Convention, the term ‘States Parties’ applies to regional economic integration organisations within the limits of their competence. To the extent that provisions of Community law are affected by the provisions of the Convention, the European Community has an exclusive competence to accept such obligations with respect to its own public administration. In this regard, the Community declares that it has power under the Treaty establishing the European Community to deal with the following issues: — developing, implemening and maintening preventive anti-corruption policies and practices, — establishing a preventive anti-corruption body or bodies (including the European Anti-Fraud Office) and providing the means for the public to inform such body or bodies of incidents which may constitute corruption, — regulating the recruitment, conditions of service, remuneration, training etc. of non-elected officials under the Staff Regulations and the implementing rules to those Regulations, — promoting transparency and avoiding conflicts of interest in the design of the European Community's systems which regulate the performance of the duties of public officials, — developing and implementing codes of conduct, — ensuring appropriate standards in relation to public procurement and the management of public finances, — enhancing the transparency of the European Community's organisation, functioning and decision-making processes, — with due regard to the independence of judicial bodies of the European Communities, developing, implementing and maintening measures to strengthen the integrity of those bodies and to prevent opportunities for corruption. 2. The Community also points out that it has competence with regard to the proper functioning of the internal market, comprising an area without internal frontiers in which the free movement of goods, capital and services is ensured in accordance with the provisions of the Treaty establishing the European Community. For this purpose, the Community has adopted measures to: — ensure transparency and the equal access of all candidates for public contracts and markets of Community relevance, thereby contributing to preventing corruption, — ensure appropriate standards on accounting and auditing of Community relevance, — prevent money laundering; such measures do not, however, include those concerning cooperation among judicial and law enforcement authorities. Where it has adopted measures, it is for the Community alone to enter into external undertakings with third States or competent international organisations which affect those measures or alter their scope. 3. Community policy in the sphere of development cooperation as well as cooperation with other third countries complements policies pursued by Member States to support partner countries in the implementation of the United Nations Convention against Corruption and includes provisions to combat corruption. 4. The scope and exercise of Community competence are, by their nature, subject to continuous development and the Community will complete or amend this declaration, if necessary, in accordance with Article 67(3) of the Convention. 5. The United Nations Convention against Corruption shall apply, with regard to the competence of the Community, to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty, in particular Article 299 thereof. Pursuant to Article 299 of that Treaty, this declaration is not applicable to the territories of the Member States in which the said Treaty does not apply and is without prejudice to such acts or positions as may be adopted under the Convention by the Member States concerned on behalf of, and in the interests of, those territories.