TREATY ESTABLISHING A CONSTITUTION FOR EUROPE
Protocols annexed to the Treaty establishing a Constitution for
Europe
8. 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 HIGH CONTRACTING PARTIES, RECALLING that the Kingdom of Denmark, Ireland
and the United Kingdom of Great Britain and Northern Ireland acceded to the
European Communities on 1 January 1973; that the Hellenic Republic acceded
to the European Communities on 1 January 1981; that the Kingdom of Spain and
the Portuguese Republic acceded to the European Communities on 1 January 1986;
that the Republic of Austria, the Republic of Finland and the Kingdom of Sweden
acceded to the European Communities and to the European Union established
by the Treaty on European Union on 1 January 1995; CONSIDERING THAT Article
IV-437(2) of the Constitution provides that the Treaties concerning the accessions
referred to above shall be repealed; CONSIDERING THAT certain provisions appearing
in those Accession Treaties and in the Acts annexed thereto remain relevant;
and that Article IV-437(2) of the Constitution provides that such provisions
must be set out or referred to in a Protocol, so that they remain in force
and that their legal effects are preserved; WHEREAS the provisions in question
require the technical adjustments necessary to bring them into line with the
Constitution without altering their legal effect, HAVE AGREED upon the following
provisions, which shall be annexed to the Treaty establishing a Constitution
for Europe and the Treaty establishing the European Atomic Energy Community:
TITLE I
COMMON PROVISIONS
Article 1
The rights and obligations resulting from the Accession Treaties referred
to in Article IV-437(2)(a) to (d) of the Constitution took effect, under the
conditions laid down in those Treaties, on the following dates:
(a) 1 January 1973, for the Treaty concerning the accession of the Kingdom
of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland;
(b) 1 January 1981, for the Treaty concerning the accession of the Hellenic
Republic;
(c) 1 January 1986, for the Treaty concerning the accession of the Kingdom
of Spain and the Portuguese Republic;
(d) 1 January 1995, for the Treaty concerning the accession of the Republic
of Austria, the Republic of Finland and the Kingdom of Sweden.
Article 2
1. The acceding States referred to in Article 1 shall be required to accede
to the following agreements or conventions concluded before their respective
accessions, insofar as such agreements or conventions are still in force:
(a) agreements or conventions concluded between the other Member States which
are based on the Treaty establishing the European Community, the Treaty establishing
the European Atomic Energy Community or the Treaty on European Union, or which
are inseparable from the attainment of the objectives of those Treaties, or
which relate to the functioning of the Communities or of the Union or which
are connected with the activities thereof;
(b) agreements or conventions concluded by the other Member States, acting
jointly with the European Communities, with one or more third States or with
an international organisation, and the agreements which are related to those
agreements or conventions. The Union and the other Member States shall assist
the acceding States referred to in Article 1 in this respect.
2. The acceding States referred to in Article 1 shall take appropriate measures,
where necessary, to adjust their position in relation to international organisations,
and in relation to those international agreements to which the Union or the
European Atomic Energy Community or other Member States are also parties,
to the rights and obligations arising from their accession.
Article 3
Provisions of the Acts of Accession, as interpreted by the Court of Justice
of the European Communities and the Court of First Instance, the purpose or
effect of which is to repeal or amend, otherwise than as a transitional measure,
acts adopted by the institutions, bodies, offices or agencies of the European
Communities or of the European Union established by the Treaty on European
Union shall remain in force subject to the second paragraph. The provisions
referred to in the first paragraph shall have the same status in law as the
acts which they repeal or amend and shall be subject to the same rules as
those acts.
Article 4
The texts of the acts of the institutions, bodies, offices and agencies of
the European Communities or of the European Union established by the Treaty
on European Union which were adopted before the accessions referred to in
Article 1 and which were subsequently drawn up successively in the English
and Danish languages, in the Greek language, in the Spanish and Portuguese
languages, and in the Finnish and Swedish languages, shall be authentic from
the date of the respective accessions referred to in Article 1, under the
same conditions as the texts drawn up and authentic in the other languages.
Article 5
A European law of the Council may repeal the transitional provisions set out
in this Protocol, when they are no longer applicable. The Council shall act
unanimously after consulting the European Parliament.
TITLE II
PROVISIONS TAKEN FROM THE ACT CONCERNING THE CONDITIONS OF ACCESSION OF THE
KINGDOM OF DENMARK, IRELAND AND THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN
IRELAND
SECTION 1
Provisions on Gibraltar
Article 6
1. Acts of the institutions relating to the products in Annex I to the Constitution
and the products subject, on importation into the Union, to specific rules
as a result of the implementation of the common agricultural policy, as well
as the acts on the harmonisation of legislation of Member States concerning
turnover taxes, shall not apply to Gibraltar unless the Council adopts a European
decision which provides otherwise. The Council shall act unanimously on a
proposal from the Commission.
2. The situation of Gibraltar defined in point VI of Annex II ( 1 ) to the
Act concerning the conditions of accession of the Kingdom of Denmark, Ireland
and the United Kingdom of Great Britain and Northern Ireland shall be maintained.
SECTION 2
Provisions on the Faroe Islands
Article 7
Danish nationals resident in the Faroe Islands shall be considered to be nationals
of a Member State within the meaning of the Constitution only from the date
on which the Constitution becomes applicable to those islands.
SECTION 3
Provisions on the Channel Islands and the Isle of Man
Article 8
1. The Union rules on customs matters and quantitative restrictions, in particular
customs duties, charges having equivalent effect and the Common Customs Tariff,
shall apply to the Channel Islands and the Isle of Man under the same conditions
as they apply to the United Kingdom.
2. In respect of agricultural products and products processed therefrom which
are the subject of a special trade regime, the levies and other import measures
laid down in Union rules and applicable by the United Kingdom shall be applied
to third countries. Such provisions of Union rules as are necessary to allow
free movement and observance of normal conditions of competition in trade
in these products shall also be applicable. The Council, on a proposal from
the Commission, shall adopt the European regulations or decisions establishing
the conditions under which the provisions referred to in the first and second
subparagraphs shall be applicable to these territories.
Article 9
The rights enjoyed by Channel Islanders or Manxmen in the United Kingdom shall
not be affected by Union law. However, such persons shall not benefit from
provisions of Union law relating to the free movement of persons and services.
Article 10
The provisions of the Treaty establishing the European Atomic Energy Community
applicable to persons or undertakings within the meaning of Article 196 of
that Treaty shall apply to those persons or undertakings when they are established
in the territories referred to in Article 8 of this Protocol.
Article 11
The authorities of the territories referred to in Article 8 shall apply the
same treatment to all natural and legal persons of the Union.
Article 12
If, during the application of the arrangements defined in this Section, difficulties
appear on either side in relations between the Union and the territories referred
to in Article 8, the Commission shall without delay propose to the Council
such safeguard measures as it believes necessary, specifying their terms and
conditions of application. The Council shall adopt the appropriate European
regulations or decisions within one month.
Article 13
In this Section, Channel Islander or Manxman shall mean any British citizen
who holds that citizenship by virtue of the fact that he, a parent or grandparent
was born, adopted, naturalised or registered in the island in question; but
such a person shall not for this purpose be regarded as a Channel Islander
or Manxman if he, a parent or a grandparent was born, adopted, naturalised
or registered in the United Kingdom. Nor shall he be so regarded if he has
at any time been ordinarily resident in the United Kingdom for five years.
The administrative arrangements necessary to identify these persons will be
notified to the Commission.
SECTION 4
Provisions on the implementation of the policy of industrialisation and economic
development in Ireland
Article 14
The Member States take note of the fact that the Government of Ireland has
embarked upon the implementation of a policy of industrialisation and economic
development designed to align the standards of living in Ireland with those
of the other Member States and to eliminate underemployment while progressively
evening out regional differences in levels of development. They recognise
it to be in their common interest that the objectives of this policy be so
attained and agree to recommend to this end that the institutions implement
all the means and procedures laid down by the Constitution, particularly by
making adequate use of the Union resources intended for the realisation of
its objectives. The Member States recognise in particular that, in the application
of Articles III-167 and III-168 of the Constitution, it will be necessary
to take into account the objectives of economic expansion and the raising
of the standard of living of the population.
SECTION 5
Provisions on the exchange of information with Denmark in the field of nuclear
energy
Article 15
1. From 1 January 1973, such information as has been communicated to Member
States, persons and undertakings, in accordance with Article 13 of the Treaty
establishing the European Atomic Energy Community, shall be placed at the
disposal of Denmark, which shall give it limited distribution within its territory
under the conditions laid down in that Article.
2. From 1 January 1973, Denmark shall place at the disposal of the European
Atomic Energy Community an equivalent volume of information in the sectors
specified in paragraph 3. This information shall be set forth in detail in
a document transmitted to the Commission. The Commission shall communicate
this information to Community undertakings under the conditions laid down
in Article 13 of the Treaty establishing the European Atomic Energy Community.
3. The sectors in which Denmark shall make information available to the European
Atomic Energy Community are as follows:
(a) DOR heavy water moderated organic cooled reactor;
(b) DT-350, DK-400 heavy water pressure vessel reactors;
(c) high temperature gas loop;
(d) instrumentation systems and special electronic equipment;
(e) reliability;
(f) reactor physics, reactor dynamics and heat exchange;
(g) in-pile testing of materials and equipment.
4. Denmark shall undertake to supply the European Atomic Energy Community
with any information complementary to the reports which it shall communicate,
in particular during visits by European Atomic Energy Community personnel
or personnel from the Member States to the Risö Centre, under conditions
to be determined by mutual agreement in each case.
Article 16
1. In those sectors in which Denmark places information at the disposal of
the European Atomic Energy Community, the competent authorities shall grant
upon request licences on commercial terms to Member States, persons and undertakings
of the Community where they possess exclusive rights to patents filed in Member
States and insofar as they have no obligation or commitment in respect of
third parties to grant or offer to grant an exclusive or partially exclusive
licence to the rights in these patents.
2. Where an exclusive or partially exclusive licence has been granted, Denmark
shall encourage and facilitate the granting of sublicences on commercial terms
to Member States, persons and undertakings of the Community by the holders
of such licences. Such exclusive or partially exclusive licences shall be
granted on a normal commercial basis.
SECTION 6
Provisions on the exchange of information with Ireland in the field of nuclear
energy
Article 17
1. From 1 January 1973, such information as has been communicated to Member
States, persons and undertakings, in accordance with Article 13 of the Treaty
establishing the European Atomic Energy Community, shall be placed at the
disposal of Ireland, which shall give it limited distribution within its territory
under the conditions laid down in that Article.
2. From 1 January 1973, Ireland shall place at the disposal of the European
Atomic Energy Community information obtained in the nuclear field in Ireland,
which is given limited distribution, insofar as strictly commercial applications
are not involved. The Commission shall communicate this information to Community
undertakings under the conditions laid down in Article 13 of the Treaty establishing
the European Atomic Energy Community.
3. The information referred to in paragraphs 1 and 2 shall mainly concern
studies for the development of a power reactor and work on radioisotopes and
their application in medicine, including the problems of radiation protection.
Article 18
1. In those sectors in which Ireland places information at the disposal of
the European Atomic Energy Community, the competent authorities shall grant
upon request licences on commercial terms to Member States, persons and undertakings
of the Community where they possess exclusive rights to patents filed in Member
States and insofar as they have no obligation or commitment in respect of
third parties to grant or offer to grant an exclusive or partially exclusive
licence to the rights in these patents.
2. Where an exclusive or partially exclusive licence has been granted, Ireland
shall encourage and facilitate the granting of sublicences on commercial terms
to Member States, persons and undertakings of the Community by the holders
of such licences. Such exclusive or partially exclusive licences shall be
granted on a normal commercial basis.
SECTION 7
Provisions on the exchange of information with the United Kingdom in the field
of nuclear energy
Article 19
1. From 1 January 1973, such information as has been communicated to Member
States, persons and undertakings, in accordance with Article 13 of the Treaty
establishing the European Atomic Energy Community, shall be placed at the
disposal of the United Kingdom, which shall give it limited distribution within
its territory under the conditions laid down in that Article.
2. From 1 January 1973, the United Kingdom shall place at the disposal of
the European Atomic Energy Community an equivalent volume of information in
the sectors set out in the list contained in the Annex ( 1 ) to Protocol No
28 to the Act concerning the conditions of accession of the Kingdom of Denmark,
Ireland and the United Kingdom of Great Britain and Northern Ireland. This
information shall be set forth in detail in a document transmitted to the
Commission. The Commission shall communicate this information to Community
undertakings under the conditions laid down in Article 13 of the Treaty establishing
the European Atomic Energy Community.
3. In view of the European Atomic Energy Community's greater interest in certain
sectors, the United Kingdom shall lay special emphasis on the transmission
of information in the following sectors:
(a) fast reactor research and development (including safety);
(b) fundamental research (applicable to reactor types);
(c) reactor safety (other than fast reactors);
(d) metallurgy, steel, zirconium alloys and concrete;
(e) compatibility of structural materials;
(f) experimental fuel fabrication;
(g) thermohydrodynamics;
(h) instrumentation.
Article 20
1. In those fields in which the United Kingdom places information at the disposal
of the European Atomic Energy Community, the competent authorities shall grant
upon request licences on commercial terms to Member States, persons and undertakings
of the Community where they possess exclusive rights to patents filed in the
Member States of the Community and insofar as they have no obligation or commitment
in respect of third parties to grant or offer to grant an exclusive or partially
exclusive licence to the rights in these patents.
2. Where an exclusive or partially exclusive licence has been granted, the
United Kingdom shall encourage and facilitate the granting of sublicences
on commercial terms to the Member States, persons and undertakings of the
Community by the holders of such licences. Such exclusive or partially exclusive
licences shall be granted on a normal commercial basis.
TITLE III
PROVISIONS TAKEN FROM THE ACT CONCERNING THE CONDITIONS OF ACCESSION OF THE
HELLENIC REPUBLIC
SECTION 1
Provisions on the granting by Greece of exemption from customs duties on the
import of certain goods
Article 21
Article III-151 of the Constitution shall not prevent the Hellenic Republic
from maintaining measures of exemption granted before 1 January 1979 pursuant
to:
(a) Law No 4171/61 (General measures to aid development of the country's economy),
(b) Decree Law No 2687/53 (Investment and protection of foreign capital),
(c) Law No 289/76 (Incentives with a view to promoting the development of
frontier regions and governing all pertinent questions), until the expiry
of the agreements concluded by the Hellenic Government with those persons
benefiting from these measures.
SECTION 2
Provisions on taxation
Article 22
The acts listed in point II.2 of Annex VIII ( 1 ) to the Act concerning the
conditions of accession of the Hellenic Republic shall apply in respect of
the Hellenic Republic under the conditions laid down in that Annex, with the
exception of the references to points 9 and 18(b) thereof.
SECTION 3
Provisions on cotton
Article 23
1. This Section concerns cotton, not carded or combed, falling within subheading
5201 00 of the Combined Nomenclature.
2. A system shall be introduced in the Union particularly to:
(a) support the production of cotton in regions of the Union where it is important
for the agricultural economy,
(b) permit the producers concerned to earn a fair income,
(c) stabilise the market by structural improvements at the level of supply
and marketing.
3. The system referred to in paragraph 2 shall include the grant of an aid
to production.
4. In order to allow cotton producers to concentrate supply and to adapt production
to market requirements, a system shall be introduced to encourage the formation
of producer groups and federations of such groups. This system shall provide
for the grant of aids with a view to providing incentives for the formation
and facilitating the functioning of producer groups. The only groups that
may benefit from this system must:
(a) be formed on the initiative of the producers themselves,
(b) offer a sufficient guarantee for the duration and effectiveness of their
action,
(c) be recognised by the Member State concerned.
5. The Union trading system with third countries shall not be affected. In
this respect, in particular, no measure restricting imports may be laid down.
6. A European law of the Council shall establish the adjustments necessary
to the system introduced pursuant to this Section. The Council, on a proposal
from the Commission, shall adopt the European regulations and decisions establishing
the general rules necessary for implementing the provisions of this Section.
The Council shall act after consulting the European Parliament.
SECTION 4
Provisions on the economic and industrial development of Greece
Article 24
The Member States take note of the fact that the Hellenic Government has embarked
upon the implementation of a policy of industrialisation and economic development
designed to align the standards of living in Greece with those of the other
Member States and to eliminate underemployment while progressively evening
out regional differences in levels of development. They recognise it to be
in their common interest that the objectives of this policy be so attained.
To this end, the institutions shall implement all the means and procedures
laid down by the Constitution, particularly by making adequate use of the
Union resources intended for the realisation of its objectives. In particular,
in the application of Articles III-167 and III-168 of the Constitution, it
will be necessary to take into account the objectives of economic expansion
and the raising of the standard of living of the population.
SECTION 5
Provisions on the exchange of information with Greece in the field of nuclear
energy
Article 25
1. From 1 January 1981, such information as has been communicated to Member
States, persons and undertakings, in accordance with Article 13 of the Treaty
establishing the European Atomic Energy Community, shall be placed at the
disposal of the Hellenic Republic, which shall give it limited distribution
within its territory under the conditions laid down in that Article.
2. From 1 January 1981, the Hellenic Republic shall place at the disposal
of the European Atomic Energy Community information obtained in the nuclear
field in Greece which is given limited distribution, insofar as strictly commercial
applications are not involved. The Commission shall communicate this information
to Community undertakings under the conditions laid down in Article 13 of
the Treaty establishing the European Atomic Energy Community.
3. The information referred to in paragraphs 1 and 2 shall mainly concern:
(a) studies on the application of radioisotopes in the following fields: medicine,
agriculture, entomology and environmental protection,
(b) the application of nuclear technology to archeometry,
(c) the development of electronic medical apparatus, (d) the development of
methods of radioactive ore prospecting.
Article 26
1. In those sectors in which the Hellenic Republic places information at the
disposal of the European Atomic Energy Community, the competent authorities
shall grant upon request licences on commercial terms to Member States, persons
and undertakings of the Community where they possess exclusive rights to patents
filed in Member States of the Community and insofar as they have no obligation
or commitment in respect of third parties to grant or offer to grant an exclusive
or partially exclusive licence to the rights in these patents.
2. Where an exclusive or partially exclusive licence has been granted, the
Hellenic Republic shall encourage and facilitate the granting of sublicences
on commercial terms to Member States, persons and undertakings of the European
Atomic Energy Community by the holders of such licences. Such exclusive or
partially exclusive licences shall be granted on a normal commercial basis.
TITLE IV
PROVISIONS TAKEN FROM THE ACT CONCERNING THE CONDITIONS OF ACCESSION OF THE
KINGDOM OF SPAIN AND THE PORTUGUESE REPUBLIC
SECTION 1
Financial provisions
Article 27
The own resources accruing from value added tax shall be calculated and checked
as if the Canary Islands and Ceuta and Melilla were included in the territorial
field of application of Sixth Council Directive 77/388/EEC of 17 May 1977
on the harmonisation of the laws of the Member States relating to turnover
taxes - Common system of value added tax: uniform basis of assessment.
SECTION 2
Provisions on patents
Article 28
The provisions of Spanish national law relating to the burden of proof, which
were adopted under paragraph 2 of Protocol No 8 to the Act concerning the
conditions of accession of the Kingdom of Spain and the Portuguese Republic,
shall not apply if the infringement proceedings are brought against the holder
of another process patent for the manufacture of a product identical to that
obtained as the result of the patented process of the plaintiff, if that other
patent was issued before 1 January 1986. In cases where shifting the burden
of proof does not apply, the Kingdom of Spain shall continue to require the
patent holder to adduce proof of infringement. In all these cases the Kingdom
of Spain shall apply a judicial procedure known as 'distraint-description'.
'Distraint-description' means a procedure forming part of the system referred
to in the first and second paragraphs by which any person entitled to bring
an action for infringement may, after obtaining a court order, granted on
his application, cause a detailed description to be made, at the premises
of the alleged infringer, by a bailiff assisted by experts, of the processes
in question, in particular by photocopying technical documents, with or without
actual distraint. This court order may order the payment of a security, intended
to grant damages to the alleged infringer in case of injury caused by the
'distraint-description'.
Article 29
The provisions of Portuguese national law relating to the burden of proof,
which were adopted under paragraph 2 of Protocol No 19 to the Act concerning
the conditions of accession of the Kingdom of Spain and the Portuguese Republic,
shall not apply if the infringement proceedings are brought against the holder
of another process patent for the manufacture of a product identical to that
obtained as the result of the patented process of the plaintiff, if that other
patent was issued before 1 January 1986. In cases where shifting the burden
of proof does not apply, the Portuguese Republic shall continue to require
the patent holder to adduce proof of infringement. In all these cases, the
Portuguese Republic shall apply a judicial procedure known as 'distraint-description'.
'Distraint-description 'means a procedure forming part of the system referred
to in the first and second paragraphs by which any person entitled to bring
an action for infringement may, after obtaining a court order, granted on
his application, cause a detailed description to be made, at the premises
of the alleged infringer, by a bailiff assisted by experts, of the processes
in question, in particular by photocopying technical documents, with or without
actual distraint. This court order may order the payment of a security, intended
to grant damages to the alleged infringer in case of injury caused by the
'distraint-description'.
SECTION 3
Provisions on the mechanism for additional responsibilities within the framework
of fisheries agreements concluded by the Union with third countries
Article 30
1. A specific system is hereby established for the execution of operations
carried out as a complement to fishing activities undertaken by vessels flying
the flag of a Member State in waters falling under the sovereignty or within
the jurisdiction of a third country within the framework of responsibilities
created under fisheries agreements concluded by the Union with the third countries
in question.
2. Operations considered likely to occur by way of addition to fishing activities
subject to the conditions and within the limits referred to in paragraphs
3 and 4 relate to:
(a) the processing, in the territory of the third country concerned, of fishery
products caught by vessels flying the flag of a Member State in the waters
of that third country in the course of fishing activities carried out by virtue
of a fisheries agreement, with a view to those products being put on the Union
market under tariff headings falling within Chapter 3 of the Common Customs
Tariff,
(b) the loading or transhipment aboard a vessel flying the flag of a Member
State occurring within the framework of activities provided for under such
a fisheries agreement, of fishery products falling within Chapter 3 of the
Common Customs Tariff with a view to their transport and any processing for
the purpose of being put on the Union market.
3. The import into the Union of products having been the subject of the operations
referred to in paragraph 2 shall be carried out subject to suspension, in
part or in whole, of the Common Customs Tariff duties or subject to a special
system of charges, under the conditions and within the limits of additionality
fixed annually in relation to the volume of fishing possibilities deriving
from the agreements in question and from their accompanying detailed rules.
4. European laws or framework laws shall lay down the general rules of application
of this system and in particular the criteria for fixing and apportioning
the quantities concerned. The detailed implementing rules of this system and
the quantities concerned shall be adopted in accordance with the procedure
laid down in Article 37 of Regulation (EC) No 104/2000.
SECTION 4
Provisions on Ceuta and Melilla Subsection 1 General provisions
Article 31
1. The Constitution and the acts of the institutions shall apply to Ceuta
and to Melilla, subject to the derogations referred to in paragraphs 2 and
3 and to the other provisions of this Section.
2. The conditions under which the provisions of the Constitution concerning
the free movement of goods, and the acts of the institutions concerning customs
legislation and commercial policy, shall apply to Ceuta and to Melilla are
set out in Subsection 3 of this Section.
3. Without prejudice to the specific provisions of Article 32, the acts of
the institutions concerning the common agricultural policy and the common
fisheries policy shall not apply to Ceuta or to Melilla.
4. At the request of the Kingdom of Spain, a European law or framework law
of the Council may:
(a) include Ceuta and Melilla in the customs territory of the Union;
(b) define the appropriate measures aimed at extending to Ceuta and to Melilla
the provisions of Union law in force. On a proposal from the Commission acting
on its own initiative or at the request of a Member State, the Council may
adopt a European law or framework law adjusting the arrangements applicable
to Ceuta and to Melilla if necessary. The Council shall act unanimously after
consulting the European Parliament.
Subsection 2
Provisions relating to the Common Fisheries Policy
Article 32
1. Subject to paragraph 2 and without prejudice to Subsection 3, the common
fisheries policy shall not apply to Ceuta or to Melilla.
2. The Council, on a proposal from the Commission, shall adopt the European
laws, framework laws, regulations or decisions which:
(a) determine the structural measures which may be adopted in favour of Ceuta
and Melilla;
(b) determine the procedures appropriate to take into consideration all or
part of the interests of Ceuta and Melilla when it adopts acts, case by case,
with a view to the negotiations by the Union aimed at the resumption or conclusion
of fisheries agreements with third countries and to the specific interests
of Ceuta and Melilla within international conventions concerning fisheries,
to which the Union is a contracting party.
3. The Council, on a proposal from the Commission, shall adopt the European
laws, framework laws, regulations or decisions which determine, where appropriate,
the possibilities and conditions of mutual access to respective fishing zones
and to the resources thereof. It shall act unanimously.
4. The European laws and framework laws referred to in paragraphs 2 and 3
shall be adopted after consultation of the European Parliament. Subsection
3 Provisions on free movement of goods, customs legislation and commercial
policy
Article 33
1. Products originating in Ceuta or in Melilla and products coming from third
countries imported into Ceuta or into Melilla under the arrangements which
are applicable there to them shall not be deemed, when released for free circulation
in the customs territory of the Union, to be goods fulfilling the conditions
of paragraphs 1 to 3 of Article III-151 of the Constitution.
2. The customs territory of the Union shall not include Ceuta and Melilla.
3. Except where otherwise provided for in this Subsection, the acts of the
institutions regarding customs legislation for foreign trade shall apply under
the same conditions to trade between the customs territory of the Union, on
the one hand, and Ceuta and Melilla, on the other.
4. Except where otherwise provided for in this Subsection, the acts of the
institutions regarding the common commercial policy, be they autonomous or
enacted by agreement, directly linked to the import or export of goods, shall
not be applicable to Ceuta or to Melilla.
5. Except where otherwise provided for in this Title, the Union shall apply
in its trade with Ceuta and Melilla, for products falling within Annex I to
the Constitution, the general arrangements which it applies in its foreign
trade.
Article 34
Subject to Article 35, customs duties on the import into the customs territory
of the Union of products originating in Ceuta or in Melilla shall be abolished.
Article 35
1. Fishery products falling within headings 0301, 0302, 0303, 1604, 1605 and
subheadings 0511 91 and 2301 20 of the Common Customs Tariff and originating
in Ceuta or in Melilla, shall, within the limit of tariff quotas calculated
by product and on the average quantities actually disposed of during 1982,
1983 and 1984, qualify for exemption from customs duties throughout the customs
territory of the Union. The release for free circulation of products imported
into the customs territory of the Union, under these tariff quotas, shall
be subject to compliance with the rules laid down by the common organisation
of markets and in particular with respect to reference prices.
2. The Council, on a proposal from the Commission, shall each year adopt European
regulations or decisions opening and allocating tariff quotas in accordance
with the detailed rules laid down in paragraph 1.
Article 36
1. Where application of Article 34 could lead to a substantial increase in
the import of certain products originating in Ceuta or in Melilla such as
might prejudice Union producers, the Council, on a proposal from the Commission,
may adopt European regulations or decisions to subject the access of these
products to the customs territory of the Union to special conditions.
2. Where, because the common commercial policy and the Common Customs Tariff
are not applied to the import of raw materials or intermediate products into
Ceuta or into Melilla, imports of a product originating in Ceuta or in Melilla
cause, or may cause, serious injury to a producer activity exercised in one
or more Member States, the Commission, at the request of a Member State or
on its own initiative, may take the appropriate measures.
Article 37
The customs duties on import into Ceuta and into Melilla of products originating
in the customs territory of the Union, and charges having equivalent effect,
shall be abolished.
Article 38
The customs duties and charges having an effect equivalent to such duties
and the trade arrangements applied on the import into Ceuta and into Melilla
of goods coming from a third country may not be less favourable than those
applicable by the Union in accordance with its international commitments or
its preferential arrangements with regard to such third country, providing
that the same third country grants, to imports from Ceuta and from Melilla,
the same treatment as that which it grants to the Union. However, the arrangements
applied to imports into Ceuta and into Melilla with regard to goods coming
from such third country may not be more favourable than those applied with
regard to the imports of products originating in the customs territory of
the Union.
Article 39
The Council, on a proposal from the Commission, shall adopt European regulations
or decisions laying down the rules for the application of this Subsection
and in particular the rules of origin applicable to trade, as referred to
in Articles 34, 35 and 37, including the provisions concerning the identification
of originating products and the control of origin. The rules will include,
in particular, provisions on marking and/or labelling of products, on the
conditions of registration of vessels, on the application of the rule on mixed
origin for fishery products, and also provisions enabling the origin of products
to be determined.
SECTION 5
Provisions on the regional development of Spain
Article 40
The Member States take note of the fact that the Spanish Government has embarked
upon the implementation of a policy of regional development designed in particular
to stimulate economic growth in the less-developed regions and areas of Spain.
They recognise it to be in their common interest that the objectives of this
policy be attained. They agree, in order to help the Spanish Government to
accomplish this task, to recommend that the institutions use all the means
and procedures laid down by the Constitution, particularly by making adequate
use of the Union resources intended for the realisation of its objectives.
The Member States recognise in particular that, in the application of Articles
III-167 and III-168 of the Constitution, it will be necessary to take into
account the objectives of economic expansion and the raising of the standard
of living of the population of the less-developed regions and areas of Spain.
SECTION 6
Provisions on the economic and industrial development of Portugal
Article 41
The Member States take note of the fact that the Portuguese Government has
embarked upon the implementation of a policy of industrialisation and economic
development designed to align the standard of living in Portugal with that
of the other Member States and to eliminate underemployment while progressively
evening out regional differences in levels of development. They recognise
it to be in their common interest that the objectives of this policy be attained.
They agree to recommend to this end that the institutions use all the means
and procedures laid down by the Constitution, particularly by making adequate
use of the Union resources intended for the realisation of its objectives.
The Member States recognise in particular that, in the application of Articles
III-167 and III-168 of the Constitution, it will be necessary to take into
account the objectives of economic expansion and the raising of the standard
of living of the population.
SECTION 7
Provisions on the exchange of information with the Kingdom of Spain in the
field of nuclear energy
Article 42
1. From 1 January 1986, such information as has been communicated to Member
States, persons and undertakings, in accordance with Article 13 of the Treaty
establishing the European Atomic Energy Community, shall be placed at the
disposal of the Kingdom of Spain, which shall give it limited distribution
within its territory under the conditions laid down in that Article.
2. From 1 January 1986, the Kingdom of Spain shall place at the disposal of
the European Atomic Energy Community information obtained in the nuclear field
in Spain which is given limited distribution, insofar as strictly commercial
applications are not involved. The Commission shall communicate this information
to Community undertakings under the conditions laid down in Article 13 of
the Treaty establishing the European Atomic Energy Community.
3. The information referred to in paragraphs 1 and 2 shall mainly concern:
(a) nuclear physics (low- and high-energy);
(b) radiation protection;
(c) isotope applications, in particular those of stable isotopes;
(d) research reactors and relevant fuels;
(e) research into the field of the fuel cycle (more especially the mining
and processing of low-grade uranium ore; optimisation of fuel elements for
power reactors).
Article 43
1. In those sectors in which the Kingdom of Spain places information at the
disposal of the European Atomic Energy Community, the competent authorities
shall grant upon request licences on commercial terms to Member States, persons
and undertakings of the Community where they possess exclusive rights to patents
filed in Member States and insofar as they have no obligation or commitment
in respect of third parties to grant or offer to grant an exclusive or partially
exclusive licence to the rights in these patents.
2. Where an exclusive or partially exclusive licence has been granted, the
Kingdom of Spain shall encourage and facilitate the granting of sublicences
on commercial terms to Member States, persons and undertakings of the Community
by the holders of such licences. Such exclusive or partially exclusive licences
shall be granted on a normal commercial basis.
SECTION 8
Provisions on the exchange of information with the Portuguese Republic in
the field of nuclear energy
Article 44
1. From 1 January 1986, such information as has been communicated to Member
States, persons and undertakings, in accordance with Article 13 of the Treaty
establishing the European Atomic Energy Community, shall be placed at the
disposal of the Portuguese Republic, which shall give it limited distribution
within its territory under the conditions laid down in that Article.
2. From 1 January 1986, the Portuguese Republic shall place at the disposal
of the European Atomic Energy Community information obtained in the nuclear
field in Portugal which is given limited distribution, insofar as strictly
commercial applications are not involved. The Commission shall communicate
this information to Community undertakings under the conditions laid down
in Article 13 of the Treaty establishing the European Atomic Energy Community.
3. The information referred to in paragraphs 1 and 2 shall mainly concern:
(a) reactor dynamics;
(b) radiation protection;
(c) application of nuclear measuring techniques (in the industrial, agricultural,
archaeological and geological fields);
(d) atomic physics (effective measuring of cross sections, pipeline techniques);
(e) extractive metallurgy of uranium.
Article 45
1. In those sectors in which the Portuguese Republic places information at
the disposal of the European Atomic Energy Community, the competent authorities
shall grant upon request licences on commercial terms to Member States, persons
and undertakings of the Community where they possess exclusive rights to patents
filed in Member States and insofar as they have no obligation or commitment
in respect of third parties to grant or offer to grant an exclusive or partially
exclusive licence to the rights in these patents.
2. Where an exclusive or partially exclusive licence has been granted, the
Portuguese Republic shall encourage and facilitate the granting of sublicences
on commercial terms to Member States, persons and undertakings of the Community
by the holders of such licences. Such exclusive or partially exclusive licences
shall be granted on a normal commercial basis.
TITLE V
PROVISIONS TAKEN FROM THE ACT CONCERNING THE CONDITIONS OF ACCESSION OF THE
REPUBLIC OF AUSTRIA, THE REPUBLIC OF FINLAND AND THE KINGDOM OF SWEDEN
SECTION 1
Financial provisions
Article 46
Own resources accruing from value added tax shall be calculated and checked
as though the Åland Islands were included in the territorial scope of
Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of
the laws of the Member States relating to turnover taxes Ü Common system of
value added tax: uniform basis of assessment.
SECTION 2
Provisions on agriculture
Article 47
Where there are serious difficulties resulting from accession which remain
after full utilisation of Article 48 and of the other measures resulting from
the rules existing in the Union, the Commission may adopt a European decision
authorising Finland to grant national aids to producers so as to facilitate
their full integration into the common agricultural policy.
Article 48
1. The Commission shall adopt European decisions authorising Finland and Sweden
to grant long-term national aids with a view to ensuring that agricultural
activity is maintained in specific regions. These regions should cover the
agricultural areas situated to the north of the 62nd Parallel and some adjacent
areas south of that parallel affected by comparable climatic conditions rendering
agricultural activity particularly difficult.
2. The regions referred to in paragraph 1 shall be determined by the Commission,
taking into consideration in particular:
(a) the low population density;
(b) the portion of agricultural land in the overall surface area;
(c) the portion of agricultural land devoted to arable crops intended for
human consumption, in the agricultural surface area used.
3. The national aids provided for in paragraph 1 may be related to physical
factors of production, such as hectares of agricultural land or heads of animal
taking account of the relevant limits laid down in the common organisations
of the market, as well as the historical production patterns of each farm,
but must not:
(a) be linked to future production;
(b) or lead to an increase in production or in the level of overall support
recorded during a reference period preceding 1 January 1995, to be determined
by the Commission. These aids may be differentiated by region. These aids
must be granted in particular in order to:
(a) maintain traditional primary production and processing naturally suited
to the climatic conditions of the regions concerned;
(b) improve the structures for the production, marketing and processing of
agricultural products;
(c) facilitate the disposal of the said products; (d) ensure that the environment
is protected and the countryside preserved.
Article 49
1. The aids provided for in Articles 47 and 48 and any other national aid
subject to Commission authorisation under this Title shall be notified to
the Commission. They may not be applied until such authorisation has been
given.
2. As regards the aids provided for in Article 48, the Commission shall submit
to the Council every five years as from 1 January 1996 a report on:
(a) the authorisations granted;
(b) the results of the aid granted under such authorisations. In preparation
for drawing up such reports, Member States in receipt of such authorisations
shall supply the Commission in good time with information on the effects of
the aids granted, illustrating the development noted in the agricultural economy
of the regions in question.
Article 50
In the field of the aids provided for in Articles III-167 and III-168 of the
Constitution:
(a) among the aids applied in Austria, Finland and Sweden prior to 1 January
1995, only those notified to the Commission by 30 April 1995 will be deemed
to be existing aids within the meaning of Article III-168(1) of the Constitution;
(b) existing aids and plans intended to grant or alter aids which were notified
to the Commission prior to 1 January 1995 shall be deemed to have been notified
on that date.
Article 51
1. Unless otherwise stipulated in specific cases, the Council, on a proposal
from the Commission, shall adopt the necessary European regulations or decisions
to implement this Section.
2. A European law of the Council may make the adaptations to the provisions
appearing in this Section which may prove necessary as a result of a modification
in Union law. The Council shall act unanimously after consulting the European
Parliament.
Article 52
1. If transitional measures are necessary to facilitate the transition from
the existing regime in Austria, Finland and Sweden to that resulting from
application of the common organisation of the markets under the conditions
set out in the Act concerning the conditions of accession of the Republic
of Austria, the Republic of Finland and the Kingdom of Sweden, such measures
shall be adopted in accordance with the procedure laid down in Article 38
of Regulation No 136/66/EEC or, as appropriate, in the corresponding Articles
of the other Regulations on the common organisation of agricultural markets.
These measures may be taken during a period expiring on 31 December 1997 and
their application shall be limited to that date.
2. A European law of the Council may extend the period referred to in paragraph
1. The Council shall act unanimously after consulting the European Parliament.
Article 53
Articles 51 and 52 shall be applicable to fishery products.
SECTION 3
Provisions on transitional measures
Article 54
The Acts listed in points VII.B.I, VII.D.1, VII.D.2.c, IX.2.b, c, f, g, h,
i, j, l, m, n, x, y, z and aa, and X.a, b and c of Annex XV ( 1 ) to the Act
concerning the conditions of accession of the Republic of Austria, the Republic
of Finland and the Kingdom of Sweden shall apply in respect of Austria, Finland
and Sweden under the conditions laid down in that Annex. With regard to point
IX.2.x of Annex XV referred to in the first paragraph, the reference to the
provisions of the Treaty establishing the European Community, in particular
to Articles 90 and 91 thereof, must be understood as referring to the provisions
of the Constitution, in particular to Article III-170(1) and (2) thereof.
SECTION 4
Provisions on the applicability of certain acts
Article 55
1. Any individual exemption decisions taken and negative clearance decisions
taken before 1 January 1995 under Article 53 of the Agreement on the European
Economic Area (EEA) or Article 1 of Protocol 25 to that Agreement, whether
by the Surveillance Authority of the European Free Trade Association (EFTA)
or the Commission, and which concern cases which fall under Article 81 of
the Treaty establishing the European Community as a result of accession shall
remain valid for the purposes of Article III-161 of the Constitution until
the time limit specified therein expires or until the Commission adopts a
duly motivated European decision to the contrary, in accordance with Union
law.
2. All decisions taken by the EFTA Surveillance Authority before 1 January
1995 pursuant to Article 61 of the EEA Agreement and which fall under Article
87 of the Treaty establishing the European Community as a result of accession
shall remain valid with respect to Article III-167 of the Constitution unless
the Commission adopts a European decision to the contrary pursuant to Article
III-168 of the Constitution. This paragraph shall not apply to decisions subject
to the proceedings provided for in Article 64 of the EEA Agreement. 3. Without
prejudice to paragraphs 1 and 2, the decisions taken by the EFTA Surveillance
Authority remain valid after 1 January 1995 unless the Commission takes a
duly motivated decision to the contrary in accordance with Union law.
SECTION 5
Provisions on the Åland Islands
Article 56
The provisions of the Constitution shall not preclude the application of the
existing provisions in force on 1 January 1994 on the Åland islands
on:
(a) restrictions, on a non-discriminatory basis, on the right of natural persons
who do not enjoy hembygdsrätt/kotiseutuoikeus (regional citizenship)
in Åland, and for legal persons, to acquire and hold real property on
the Åland islands without permission by the competent authorities of
the Åland islands;
(b) restrictions, on a non-discriminatory basis, on the right of establishment
and the right to provide services by natural persons who do not enjoy hembygdsrätt/kotiseutuoikeus
(regional citizenship) in Åland, or by legal persons without permission
by the competent authorities of the Åland islands.
Article 57
1. The territory of the Åland Islands - being considered as a third
territory, as defined in the third indent of Article 3(1) of Council Directive
77/388/EEC, and as a national territory falling outside the field of application
of the excise harmonisation directives as defined in Article 2 of Council
Directive 92/12/EEC Üshall be excluded from the territorial application of
Union law in the fields of harmonisation of the laws of the Member States
on turnover taxes and on excise duties and other forms of indirect taxation.
This paragraph shall not apply to the provisions of Council Directive 69/335/EEC
relating to capital duty.
2. The derogation provided for in paragraph 1 is aimed at maintaining a viable
local economy in the islands and shall not have any negative effects on the
interests of the Union nor on its common policies. If the Commission considers
that the provisions in paragraph 1 are no longer justified, particularly in
terms of fair competition or own resources, it shall submit appropriate proposals
to the Council, which shall adopt the necessary acts in accordance with the
pertinent articles of the Constitution.
Article 58
The Republic of Finland shall ensure that the same treatment applies to all
natural and legal persons of the Member States in the Åland islands.
Article 59
The provisions of this Section shall apply in the light of the Declaration
on the Åland Islands, which incorporates, without altering its legal
effect, the wording of the preamble to Protocol No 2 to the Act concerning
the conditions of accession of the Republic of Austria, the Republic of Finland
and the Kingdom of Sweden.
SECTION 6
Provisions on the Sami people
Article 60
Notwithstanding the provisions of the Constitution, exclusive rights to reindeer
husbandry within traditional Sami areas may be granted to the Sami people.
Article 61
This Section may be extended to take account of any further development of
exclusive Sami rights linked to their traditional means of livelihood. A European
law of the Council may make the necessary amendments to this Section. The
Council shall act unanimously after consulting the European Parliament and
the Committee of the Regions.
Article 62
The provisions of this Section shall apply in the light of the Declaration
on the Sami people, which incorporates, without altering its legal effect,
the wording of the preamble to Protocol 3 to the Act concerning the conditions
of accession of the Republic of Austria, the Republic of Finland and the Kingdom
of Sweden.
SECTION 7
Special provisions in the framework of the Structural Funds in Finland and
Sweden
Article 63
Areas covered by the objective of promoting the development and structural
adjustment of regions with an extremely low population density shall in principle
represent or belong to regions at NUTS level II with a population density
of 8 persons per km 2 or less. Union assistance may, subject to the requirement
of concentration, also extend to adjacent and contiguous smaller areas fulfilling
the same population density criterion. The regions and areas referred to in
this Article, are listed in Annex 1 ( 1 ) to Protocol
6 to the Act concerning the conditions of accession of the Republic of Austria,
the Republic of Finland and the Kingdom of Sweden.
( 1 ) OJ C 241, 29.8.1994, p. 355.
SECTION 8
Provisions on rail and combined transport in Austria
Article 64
1. For the purposes of this Section, the following definitions shall apply:
(a) 'heavy goods vehicle'shall mean any motor vehicle with a maximum authorised
weight of over 7,5 tonnes registered in a Member State designed to carry goods
or haul trailers, including semi-trailer tractor units, and trailers with
a maximum authorised weight of over 7,5 tonnes and hauled by a motor vehicle
registered in a Member State with a maximum authorised weight of 7,5 tonnes
or less;
(b) 'combined transport' shall mean the carriage of goods by heavy goods vehicles
or loading units which complete part of their journey by rail and either begin
or end the journey by road, whereby transit traffic may under no circumstances
cross Austrian territory on its way to or from a rail terminal by road alone.
2. Articles 65 to 71 shall apply to measures relating to the provision of
rail and combined transport crossing the territory of Austria.
Article 65
The Union and the Member States concerned shall, within the framework of their
respective competences, adopt and closely coordinate measures for the development
and promotion of rail and combined transport for the trans-Alpine carriage
of goods.
Article 66
When establishing the guidelines provided for in Article III-247 of the Constitution,
the Union shall ensure that the axes defined in Annex 1 (1)
to Protocol 9 to the Act concerning the conditions of accession of the Republic
of Austria, the Republic of Finland and the Kingdom of Sweden form part of
the trans-European networks for rail and combined transport and are furthermore
identified as projects of common interest.
Article 67
The Union and the Member States concerned shall, within the framework of their
respective competences, implement the measures listed in Annex 2 (2)
to Protocol 9 to the Act concerning the conditions of accession of the Republic
of Austria, the Republic of Finland and the Kingdom of Sweden.
Article 68
The Union and the Member States concerned shall use their best endeavours
to develop and utilise the additional railway capacity referred to in Annex
3 (3) to Protocol 9 to the Act concerning the conditions
of accession of the Republic of Austria, the Republic of Finland and the Kingdom
of Sweden.
1 OJ C 241, 29.8.1994, p. 364.
2 OJ C 241, 29.8.1994, p. 365.
3 OJ C 241, 29.8.1994, p. 367.
Article 69
The Union and the Member States concerned shall take measures to enhance the
provision of rail and combined transport. Where appropriate, and subject to
the provisions of the Constitution, such measures shall be established in
close consultation with railway companies and other railway service providers.
Priority should be given to those measures set out in the provisions of Union
law on railways and combined transport. In implementing any measures, particular
attention shall be attached to the competitiveness, effectiveness and cost
transparency of rail and combined transport. In particular, the Member States
concerned shall endeavour to take such measures so as to ensure that prices
for combined transport are competitive with those for other modes of transport.
Any aid granted to these ends shall comply with Union law.
Article 70
The Union and the Member States concerned shall, in the event of a serious
disturbance in rail transit, such as a natural disaster, take all possible
concerted action to maintain the flow of traffic. Priority shall be given
to sensitive loads, such as perishable foods.
Article 71
The Commission, acting in accordance with the procedure laid down in Article
73(2), shall review the operation of this Section.
Article 72
1. This Article shall apply to the carriage of goods by road on journeys carried
out within the territory of the Community.
2. For journeys which involve transit of goods by road through Austria, the
regime established for journeys on own account and for journeys for hire or
reward under the First Council Directive of 23 July 1962 and Council Regulation
(EEC) No 881/92 shall apply subject to the provisions of this Article.
3. Until 1 January 1998, the following provisions shall apply:
(a) The total of NOx emissions from heavy goods vehicles crossing Austria
in transit shall be reduced by 60 % in the period between 1 January 1992 and
31 December 2003, according to the table in Annex 4.
(b) The reductions in total NOx emissions from heavy goods vehicles shall
be administered according to an ecopoints system. Under that system any heavy
goods vehicle crossing Austria in transit shall require a number of ecopoints
equivalent to its NOx emissions (authorised under the Conformity of Production
(COP) value or type-approval value). The method of calculation and administration
of such points is described in Annex 5.
(c) If the number of transit journeys in any year exceeds the reference figure
established for 1991 by more than 8 %, the Commission, acting in accordance
with the procedure laid down in Article 16, shall adopt appropriate measures
in accordance with paragraph 3 of Annex 5. (d) Austria shall issue and make
available in good time the ecopoints cards required for the administration
of the ecopoints system, pursuant to Annex 5, for heavy goods vehicles crossing
Austria in transit.
(e) The ecopoints shall be distributed by the Commission among Member States
in accordance with provisions to be established in accordance with paragraph
7.
4. Before 1 January 1998, the Council, on the basis of a report by the Commission,
shall review the operation of provisions concerning transit of goods by road
through Austria. The review shall take place in conformity with basic principles
of Community law, such as the proper functioning of the internal market, in
particular the free movement of goods and freedom to provide services, protection
of the environment in the interest of the Community as a whole, and traffic
safety. Unless the Council, acting unanimously on a proposal from the Commission
and after consulting the European Parliament, decides otherwise, the transitional
period shall be extended to 1 January 2001, during which the provisions of
paragraph 3 shall apply.
5. Before 1 January 2001, the Commission, in cooperation with the European
Environment Agency, shall make a scientific study of the degree to which the
objective concerning reduction of pollution set out in paragraph 3(a) has
been achieved. If the Commission concludes that this objective has been achieved
on a sustainable basis, the provisions of paragraph 3 shall cease to apply
on 1 January 2001. If the Commission concludes that this objective has not
been achieved on a sustainable basis, the Council, acting in accordance with
Article 75 of the EC Treaty, may adopt measures, within a Community framework,
which ensure equivalent protection of the environment, in particular a 60
% reduction of pollution. If the Council does not adopt such measures, the
transitional period shall be automatically extended for a final period of
three years, during which the provisions of paragraph 3 shall apply.
6. At the end of the transitional period, the Community acquis in its entirety
shall be applied.
7. The Commission, acting in accordance with the procedure laid down in Article
16, shall adopt detailed measures concerning the procedures relating to the
ecopoints system, the distribution of ecopoints and technical questions concerning
the application of this Article, which shall enter into force on the date
of accession of Austria. The measures referred to in the first subparagraph
shall ensure that the factual situation for the present Member States resulting
from the application of Council Regulation (EEC) No 3637/92 and of the Administrative
Arrangement, signed on 23 December 1992, setting the date of entry into force
and the procedures for the introduction of the ecopoints system referred to
in the Transit Agreement, is maintained. All necessary efforts shall be made
to ensure that the share of ecopoints allocated to Greece takes sufficient
account of Greek needs in this context.
Article 73
1. The Commission shall be assisted by a Committee.
2. In cases where reference is made to this paragraph, Articles 3 and 7 of
Decision 1999/468/EC shall apply.
3. The Committee shall adopt its Rules of Procedure.
SECTION 9
Provisions on the use of specific Austrian terms of the German language in
the framework of the European Union
Article 74
1. The specific Austrian terms of the German language contained in the Austrian
legal order and listed in the Annex ( 1 ) to Protocol No 10 to the Act concerning
the conditions of accession of the Republic of Austria, the Republic of Finland
and the Kingdom of Sweden shall have the same status and may be used with
the same legal effect as the corresponding terms used in Germany listed in
that Annex.
2. In the German language version of new legal acts the specific Austrian
terms referred to in the Annex to Protocol No 10 to the Act concerning the
conditions of accession of the Republic of Austria, the Republic of Finland
and the Kingdom of Sweden shall be added in appropriate form to the corresponding
terms used in Germany.
1 OJ C 241, 29.8.1994, p. 370.
