11975R023

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Article 23

Article 180 of the Treaty establishing the European Atomic Energy Community is replaced by the following :

" Article 180

1 . A Court of Auditors is hereby established .

2 . The Court of Auditors shall consist of nine members .

3 . The members of the Court of Auditors shall be chosen from among persons who belong or have belonged in their respective countries to external audit bodies or who are especially qualified for this office . Their independence must be beyond doubt .

4 . The members of the Court of Auditors shall be appointed for a term of six years by the Council , acting unanimously after consulting the Assembly .

However , when the first appointments are made , four members of the Court of Auditors , chosen by lot , shall be appointed for a term of office of four years only .

The members of the Court of Auditors shall be eligible for reappointment .

They shall elect the President of the Court of Auditors from among their number for a term of three years . The President may be re-elected .

5 . The members of the Court of Auditors shall , in the general interest of the Community , be completely independent in the performance of their duties .

In the performance of these duties , they shall neither seek nor take instructions from any government , or from any other body . They shall refrain from any action incompatible with their duties .

6 . The members of the Court of Auditors may not , during their term of office , engage in any other occupation , whether gainful or not . When entering upon their duties they shall give a solemn undertaking that , both during and after their term of office , they will respect the obligations arising therefrom and in particular their duty to behave with integrity and discretion as regards the acceptance , after they have ceased to hold office , of certain appointments or benefits .

7 . Apart from normal replacement , or death , the duties of a member of the Court of Auditors shall end when he resigns , or is compulsorily retired by a ruling of the Court of Justice pursuant to paragraph 8 .

The vacancy thus caused shall be filled for the remainder of the member's term of office .

Save in the case of compulsory retirement under the provisions of paragraph 8 , members of the Court of Auditors shall remain in office until they have been replaced .

8 . A member of the Court of Auditors may be deprived of his office or of his right to a pension or other benefits in its stead only if the Court of Justice , at the request of the Court of Auditors finds that he no longer fulfils the requisite conditions or meets the obligations arising from his office .

9 . The Council , acting by a qualified majority , shall determine the conditions of employment of the President and the members of the Court of Auditors and in particular their salaries , allowances and pensions . It shall also , by the same majority , determine any payment to be made instead of remuneration .

10 . The provisions of the Protocol on the privileges and immunities of the European Communities applicable to the Judges of the Court of Justice shall also apply to the members of the Court of Auditors . "