Assembly/AU/11 (XIII) Annex II Page 24   43. It is worth pointing out, however, that in Title VI of the Treaty on the European Union (TEU) EU Member States have agreed to cooperate in relation to police and judicial co-operation in criminal matters, as a result of which the EU is competent to undertake common action on judicial co-operation in criminal matters. Under article 31(1) TEU, common action by EU Member States on judicial cooperation in criminal matters may relate to the following subject-matters: (a) facilitating and accelerating co-operation between competent ministries and judicial or equivalent authorities of the EU Member States, including, where appropriate, co-operation through Eurojust, in relation to proceedings and the enforcement of decisions; (b) facilitating extradition between Member States; (c) ensuring compatibility in rules applicable in the Member States, as may be necessary to improve such co-operation; (d) preventing conflicts of jurisdiction between Member States; and (e) progressively adopting measures establishing minimum rules relating to the constituent elements of criminal acts and to penalties in the fields of organized crime, terrorism and illicit drug trafficking. Co-operation is effected via the measures cited in Article 34 TEU (consultation among EU Member States with a view to coordination; and, in addition to Council common positions, Council framework decisions, other Council decisions and EU conventions). In accordance with article 34(2) TEU, such Council measures can be proposed by any Member State or by the European Commission, and require unanimity in the Council. 44. It is apparent to the independent experts appointed by the EU that EU Member States emphasize the need for African states to institute proceedings against suspected perpetrators of serious crimes of international concern, whether on the basis of universal jurisdiction or of other, more traditional bases of jurisdiction, e.g. territoriality, nationality, passive personality, etc. There seems to be a strength of feeling among EU Member States that African statements of concern over the assertion of universal jurisdiction by national courts of EU Member States need to be backed by a real willingness on the part of African states to prosecute the relevant crimes themselves. It is worth recalling that EU Member States have already offered their logistical support for the realization of efforts to this end. 45. The independent experts appointed by the EU recall that there have been circumstances in which African states have expressed their intention to prosecute (mostly on the basis of territoriality or nationality) serious crimes of international Version 31 March 09(FINAL)