TREATY ESTABLISHING A CONSTITUTION FOR EUROPE
B. DECLARATIONS CONCERNING PROTOCOLS ANNEXED TO THE CONSTITUTION
Declarations concerning the Protocol
on the Treaties and Acts of Accession of the Kingdom of Denmark,
Ireland and the United Kingdom of Great Britain and Northern Ireland,
of the Hellenic Republic, of the Kingdom of Spain and the Portuguese Republic,
and of the Republic of Austria, the Republic of Finland
and the Kingdom of Sweden
31. Declaration on the Åland islands
The Conference acknowledges that the regime applicable to the Åland
islands, referred to in
Article IV-440(5), is established taking into account the special status that
these islands enjoy under
international law.
To that end, the Conference stresses that specific provisions have been included
in Section 5 of
Title V of the Protocol on the Treaties and Acts of Accession of the Kingdom
of Denmark, Ireland
and the United Kingdom of Great Britain and Northern Ireland, of the Hellenic
Republic, of the
Kingdom of Spain and the Portuguese Republic, and of the Republic of Austria,
the Republic of
Finland and the Kingdom of Sweden.
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32. Declaration on the Sami people
Having regard to Articles 60 and 61 of the Protocol on the Treaties and Acts
of Accession of the
Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern
Ireland, of
the Hellenic Republic, of the Kingdom of Spain and the Portuguese Republic,
and of the Republic
of Austria, the Republic of Finland and the Kingdom of Sweden, the Conference
recognises the
obligations and commitments of Sweden and Finland with regard to the Sami
people under national
and international law.
The Conference notes that Sweden and Finland are committed to preserving and
developing the
means of livelihood, language, culture and way of life of the Sami people
and considers that
traditional Sami culture and livelihood depend on primary economic activities,
such as
reindeer husbandry in the traditional areas of Sami settlement.
To that end, the Conference stresses that specific provisions have been included
in Section 6 of
Title V of the Protocol on the Treaties and Acts of Accession of the Kingdom
of Denmark, Ireland
and the United Kingdom of Great Britain and Northern Ireland, of the Hellenic
Republic, of the
Kingdom of Spain and the Portuguese Republic, and of the Republic of Austria,
the Republic of
Finland and the Kingdom of Sweden.
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Declarations concerning the Protocol on the Treaty
and the Act of Accession of the Czech Republic,
the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia,
the Republic of Lithuania, the Republic of Hungary,
the Republic of Malta, the Republic of Poland, the Republic of Slovenia
and the Slovak Republic
33. Declaration on the Sovereign Base Areas
of the United Kingdom of Great Britain
and Northern Ireland in Cyprus
THE CONFERENCE,
Recalling that the Joint Declaration on the Sovereign Base Areas of the United
Kingdom of
Great Britain and Northern Ireland in Cyprus annexed to the Final Act of the
Treaty concerning the
Accession of the United Kingdom to the European Communities provided that
the arrangements
applicable to relations between the European Economic Community and the Sovereign
Base Areas
will be defined within the context of any agreement between the Community
and the
Republic of Cyprus,
Taking account of the provisions concerning the Sovereign Base Areas set out
in the Treaty
concerning the Establishment of the Republic of Cyprus (hereinafter referred
to as the "Treaty of
Establishment") and the associated Exchanges of Notes dated 16 August
1960,
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Noting the Exchange of Notes between the Government of the United Kingdom
and the
Government of the Republic of Cyprus concerning the administration of the
Sovereign Base Areas,
dated 16 August 1960, and the attached Declaration by the United Kingdom Government
that one
of the main objects to be achieved is the protection of the interests of those
resident or working in
the Sovereign Base Areas, and considering in this context that the said persons
should have, to the
extent possible, the same treatment as those resident or working in the Republic
of Cyprus;
Noting further the provisions of the Treaty of Establishment regarding customs
arrangements
between the Sovereign Base Areas and the Republic of Cyprus and in particular
those of Annex F to
the said Treaty;
Noting also the commitment of the United Kingdom not to create customs posts
or other frontier
barriers between the Sovereign Base Areas and the Republic of Cyprus and the
arrangements made
pursuant to the Treaty of Establishment whereby the authorities of the Republic
of Cyprus
administer a wide range of public services in the Sovereign Base Areas, including
in the fields of
agriculture, customs and taxation;
Confirming that the accession of the Republic of Cyprus to the Union should
not affect the rights
and obligations of the parties to the Treaty of Establishment;
Recognising therefore the need to apply certain provisions of the Constitution
and acts of the Union
to the Sovereign Base Areas and to make special arrangements regarding the
implementation of
these provisions in the Sovereign Base Areas;
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Points out that specific provisions to that end have been included in Title
III of Part Two of the
Protocol on the Treaty and Act of Accession of the Czech Republic, the Republic
of Estonia, the
Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the
Republic of Hungary,
the Republic of Malta, the Republic of Poland, the Republic of Slovenia and
the Slovak Republic.
34. Declaration by the Commission on the Sovereign Base Areas
of the United Kingdom of Great Britain
and Northern Ireland in Cyprus
The Commission confirms its understanding that the provisions of Union law
applicable to the
Sovereign Base Areas pursuant to Title III of Part Two of the Protocol on
the Treaty and Act of
Accession of the Czech Republic, the Republic of Estonia, the Republic of
Cyprus, the Republic of
Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of
Malta, the Republic of
Poland, the Republic of Slovenia and the Slovak Republic include:
(a) Council Regulation (EC) No 3448/93 of 6 December 1993 laying down the
trade arrangements applicable to certain goods resulting from the processing
of agricultural
products;
(b) Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general
provisions on
the Structural Funds, to the extent required by Council Regulation (EC) No
1257/1999 of
17 May 1999 on support for rural development from the European Agricultural
Guidance and
Guarantee Fund (EAGGF) for the purpose of financing rural development measures
in the
Sovereign Base Areas under the EAGGF Guarantee Section.
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35. Declaration on the Ignalina Nuclear Power Plant in Lithuania
THE CONFERENCE,
Declaring the Union's willingness to continue to provide adequate additional
assistance to
Lithuania's decommissioning effort also after Lithuania's accession to the
Union for the period
until 2006 and beyond and noting that Lithuania, bearing in mind this expression
of Union
solidarity, has committed to close Unit 1 of the Ignalina Nuclear Power Plant
before 2005 and
Unit 2 by 2009;
Recognising that the decommissioning of the Ignalina Nuclear Power Plant with
two 1500 MW
RBMK-type reactor units inherited from the former Soviet Union is of an unprecedented
nature and
represents for Lithuania an exceptional financial burden not commensurate
with the size and
economic strength of the country and that this decommissioning will continue
beyond the current
Financial Perspective as defined by the Interinstitutional Agreement of 6
May 1999;
Noting the need to adopt implementing provisions for the additional Union
assistance to address the
consequences of the closure and the decommissioning of the Ignalina Nuclear
Power Plant;
Noting that Lithuania will pay due attention to the needs of the regions most
affected by the closure
of the Ignalina Nuclear Power Plant in its use of Union assistance;
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Declaring that certain measures that will be supported through public aid
shall be considered as
compatible with the internal market, such as the decommissioning of the Ignalina
Nuclear
Power Plant, and the environmental upgrading in line with the acquis and modernisation
of
conventional electricity production capacity needed to replace the two Ignalina
Nuclear Power Plant
reactors after their closure,
Points out that specific provisions to that end have been included in Title
IV of Part Two of the
Protocol on the Treaty and Act of Accession of the Czech Republic, the Republic
of Estonia, the
Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the
Republic of Hungary,
the Republic of Malta, the Republic of Poland, the Republic of Slovenia and
the Slovak Republic.
36. Declaration on the transit of persons by land between
the region of Kaliningrad and other parts
of the Russian Federation
THE CONFERENCE,
Considering the particular situation of the Kaliningrad region of the Russian
Federation in the
context of the Union's enlargement;
Recognising the obligations and commitments of Lithuania with regard to the
acquis establishing an
area of freedom, security and justice;
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Noting, in particular, that Lithuania shall fully apply and implement the
Union acquis regarding the
list of countries whose nationals must be in possession of visas when crossing
the external borders
and those whose nationals are exempt from that requirement as well the Union
acquis regarding the
uniform format for a visa as from accession at the latest;
Recognising that the transit of persons by land between the region of Kaliningrad
and other parts of
the Russian Federation through Union territory is a matter concerning the
Union as a whole and
should be treated as such and must not entail any unfavourable consequence
for Lithuania;
Considering the decision to be taken by the Council to remove controls at
internal borders after it
has verified that the necessary conditions to that effect have been met;
Determined to assist Lithuania in fulfilling the conditions for full participation
in the Schengen area
without internal frontiers as soon as possible,
Points out that specific provisions to that end have been included in Title
V of Part Two of the
Protocol on the Treaty and Act of Accession of the Czech Republic, the Republic
of Estonia, the
Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the
Republic of Hungary,
the Republic of Malta, the Republic of Poland, the Republic of Slovenia and
the Slovak Republic.
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37. Declaration on Unit 1 and Unit 2
of the Bohunice V1 nuclear power plant
in Slovakia
THE CONFERENCE,
Noting Slovakia's commitment to close Unit 1 and Unit 2 of the Bohunice V1
Nuclear Power Plant
at the end of 2006 and 2008 respectively and declaring the Union's willingness
to continue to
provide financial aid until 2006 in continuation of the pre-accession aid
planned under the
Phare programme in support of Slovakia's decommissioning effort;
Noting the need to adopt implementing provisions regarding continued Union
assistance;
Points out that specific provisions to that end have been included in Title
IX of Part Two of the
Protocol on the Treaty and Act of Accession of the Czech Republic, the Republic
of Estonia, the
Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the
Republic of Hungary,
the Republic of Malta, the Republic of Poland, the Republic of Slovenia and
the Slovak Republic.
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38. Declaration on Cyprus
THE CONFERENCE,
Reaffirming its commitment to a comprehensive settlement of the Cyprus problem,
consistent with
relevant United Nations Security Council Resolutions, and its strong support
for the efforts of the
United Nations Secretary General to that end;
Considering that such a comprehensive settlement to the Cyprus problem has
not yet been reached;
Considering that it is, therefore, necessary to provide for the suspension
of the application of the
acquis in those areas of the Republic of Cyprus in which the Government of
the Republic of Cyprus
does not exercise effective control;
Considering that, in the event of a solution to the Cyprus problem, this suspension
will be lifted;
Considering that the Union is ready to accommodate the terms of such a settlement
in line with the
principles on which the Union is founded;
Considering that it is necessary to provide for the terms under which the
relevant provisions of
Union law will apply to the line between the abovementioned areas and both
those areas in which
the Government of the Republic of Cyprus exercises effective control and the
Eastern Sovereign
Base Area of the United Kingdom of Great Britain and Northern Ireland;
Desiring that the accession of Cyprus to the Union shall benefit all Cypriot
citizens and promote
civil peace and reconciliation;
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Considering, therefore, that nothing in Title X of Part Two of the Protocol
on the Treaty and Act of
Accession of the Czech Republic, the Republic of Estonia, the Republic of
Cyprus, the Republic of
Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of
Malta, the Republic of
Poland, the Republic of Slovenia and the Slovak Republic shall preclude measures
with this end
in view;
Considering that such measures shall not affect the application of the acquis
under the conditions
set out in the that Protocol in any other part of the Republic of Cyprus;
Points out that specific provisions to that end have been included in Title
X of Part Two of the
Protocol on the Treaty and Act of Accession of the Czech Republic, the Republic
of Estonia, the
Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the
Republic of Hungary,
the Republic of Malta, the Republic of Poland, the Republic of Slovenia and
the Slovak Republic.
39. Declaration concerning the Protocol on the position of Denmark
The Conference notes that with respect to legal acts to be adopted by the
Council acting alone or
jointly with the European Parliament and containing provisions applicable
to Denmark as well as
provisions not applicable to Denmark because they have a legal basis to which
Part I of the Protocol
on the position of Denmark applies, Denmark declares that it will not use
its voting right to prevent
the adoption of the provisions which are not applicable to Denmark.
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Furthermore, the Conference notes that on the basis of the Declaration by
the Conference on
Articles I-43 and III-329 of the Constitution, Denmark declares that Danish
participation in actions
or legal acts pursuant to Articles I-43 and III-329 will take place in accordance
with Part I and
Part II of the Protocol on the position of Denmark.
40. Declaration concerning the Protocol on the transitional provisions
relating to the institutions and bodies of the Union
The common position which will be taken by the Member States at the conferences
on the accession
to the Union of Romania and/or Bulgaria regarding the allocation of seats
in the European
Parliament and the weighting of votes in the European Council and the Council
will be as follows.
1. If the accession to the Union of Romania and/or Bulgaria takes place before
the entry into
force of the European Council Decision referred to in Article I-20(2), the
allocation of seats in the
European Parliament throughout the 2004-2009 parliamentary term will be in
accordance with the
following table for a Union of 27 Member States.
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MEMBER STATES SEATS IN THE EP
Germany 99
United Kingdom 78
France 78
Italy 78
Spain 54
Poland 54
Romania 35
Netherlands 27
Greece 24
Czech Republic 24
Belgium 24
Hungary 24
Portugal 24
Sweden 19
Bulgaria 18
Austria 18
Slovakia 14
Denmark 14
Finland 14
Ireland 13
Lithuania 13
Latvia 9
Slovenia 7
Estonia 6
Cyprus 6
Luxembourg 6
Malta 5
TOTAL 785
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The Treaty of Accession to the Union will therefore, by way of derogation
from Article I-20(2) of
the Constitution, stipulate that the number of members of the European Parliament
may temporarily
exceed 750 for the remainder of the 2004 to 2009 Parliamentary term.
2. In Article 2(2) of the Protocol on the transitional provisions relating
to the institutions and
bodies of the Union, the weighting of the votes of Romania and Bulgaria in
the European Council
and the Council will be set at 14 and 10 respectively.
3. At the time of each accession, the threshold referred to in the Protocol
on the transitional
provisions relating to the institutions and bodies of the Union will be calculated
according to
Article 2(3) of that Protocol.
41. Declaration concerning Italy
The Conference notes that the Protocol on Italy annexed in 1957 to the Treaty
establishing the
European Economic Community, as amended upon adoption of the Treaty on European
Union,
stated that:
"THE HIGH CONTRACTING PARTIES,
DESIRING to settle certain particular problems relating to Italy,
HAVE AGREED upon the following provisions, which shall be annexed to this
Treaty:
THE MEMBER STATES OF THE COMMUNITY
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TAKE NOTE of the fact that the Italian Government is carrying out a ten-year
programme of
economic expansion designed to rectify the disequilibria in the structure
of the Italian economy,
in particular by providing an infrastructure for the less developed areas
in Southern Italy and in the
Italian islands and by creating new jobs in order to eliminate unemployment;
RECALL that the principles and objectives of this programme of the Italian
Government have been
considered and approved by organisations for international cooperation of
which the Member States
are members;
RECOGNISE that it is in their common interest that the objectives of the Italian
programme should
be attained;
AGREE, in order to facilitate the accomplishment of this task by the Italian
Government, to
recommend to the institutions of the Community that they should employ all
the methods and
procedures provided in this Treaty and, in particular, make appropriate use
of the resources of the
European Investment Bank and the European Social Fund;
ARE OF THE OPINION that the institutions of the Community should, in applying
this Treaty,
take account of the sustained effort to be made by the Italian economy in
the coming years and of
the desirability of avoiding dangerous stresses in particular within the balance
of payments or the
level of employment, which might jeopardise the application of this Treaty
in Italy;
RECOGNISE that in the event of Articles 109h and 109i being applied it will
be necessary to take
care that any measures required of the Italian Government do not prejudice
the completion of its
programme for economic expansion and for raising the standard of living of
the population."
