Brussels, 27 February 2008
The resignation will be effective as soon as a successor has been nominated by the Republic of Cyprus and appointed by the Council pursuant to Article 215 of the Treaty establishing the European Community. President Barroso is consulting with the President of the Republic of Cyprus over the nomination of the successor.
Until his resignation becomes effective, Mr Kyprianou continues to exercise his mandate as member of the European Commission, in the full respect of the treaties.
Article 215 of the Treaty establishing the European Community
"Apart from normal replacement, or death, the duties of a Member of the Commission shall end when he resigns or is compulsorily retired.
A vacancy caused by resignation, compulsory retirement or death shall be filled for the remainder of the Member's term of office by a new Member appointed by the Council, acting by a qualified majority. The Council may, acting unanimously, decide that such a vacancy need not be filled.
In the event of resignation, compulsory retirement or death, the President shall be replaced for the remainder of his term of office. The procedure laid down in Article 214(2) shall be applicable for the replacement of the President.
Save in the case of compulsory retirement under Article 216, Members of the Commission shall remain in office until they have been replaced or until the Council has decided that the vacancy need not be filled, as provided for in the second paragraph of this Article."
Article 4 of the Framework Agreement between the European Commission and the European Parliament
"Where it becomes necessary to arrange for the replacement of a Member of the Commission during his or her term of office pursuant to Article 215 of the Treaty establishing the European Community, the President of the Commission shall immediately contact the President of Parliament in order to reach agreement on the manner in which the President of the Commission intends to ensure the presentation of the future Member before Parliament without delay and in full compliance with the prerogatives of the Institutions. Parliament shall ensure that its procedures are conducted with the utmost dispatch, in order to enable the President of the Commission to be informed of Parliament’s position in due time before the Member is called upon to exercise duties as the Commission’s representative."