Protocols annexed to the Treaty establishing a Constitution for
Europe
9. 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
THE HIGH CONTRACTING PARTIES,
RECALLING that 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 acceded to the European Communities and to the European Union established by the Treaty on
European Union on 1 May 2004;
CONSIDERING that Article IV-437(2)(e) of the Constitution provides that the Treaty of 16 April 2003 concerning the
accessions referred to above shall be repealed;
CONSIDERING that many of the provisions of the Act annexed to that Treaty of Accession remain relevant; that Article
IV-437(2) of the Constitution provides that those provisions must be set out or referred to in a Protocol, so that they
remain in force and their legal effects are preserved;
CONSIDERING that some of those provisions 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 to the Treaty establishing the European Atomic Energy Community:
PART ONE
PROVISIONS RELATING TO THE ACT OF ACCESSION OF 16 APRIL 2003
TITLE I
PRINCIPLES
Article 1
For the purposes of this Protocol:
(a) the expression 'Act of Accession of 16 April 2003'means the Act concerning
the conditions 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 and the adjustments to the Treaties
on which the European Union is founded;
(b) the expressions 'Treaty establishing the European Community'(EC Treaty)
and 'Treaty establishing the European Atomic Energy Community'(EAEC Treaty)
mean those Treaties as supplemented or amended by treaties or other acts which
entered into force before 1 May 2004;
(c) the expression 'Treaty on European Union'(EU Treaty) means that Treaty
as supplemented or amended by treaties or other acts which entered into force
before 1 May 2004;
(d) the expression 'the Community'means one or both of the Communities referred
to in (b) as the case may be;
(e) the expression 'present Member States'means the following Member States:
the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany,
the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland,
the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands,
the Republic of Austria, the Portuguese Republic, the Republic of Finland,
the Kingdom of Sweden and the United Kingdom of Great Britain and Northern
Ireland;
(f) the expression 'new Member States'means the following Member States: 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.
Article 2
The rights and obligations resulting from the Treaty on the 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, referred to in Article IV-437(2)(e) of the Constitution, took effect,
under the conditions laid down in that Treaty, as from 1 May 2004.
Article 3
1. The provisions of the Schengen acquis integrated into the framework of
the Union by the Protocol annexed to the Treaty establishing a Constitution
for Europe (hereinafter referred to as the 'Schengen Protocol') and the acts
building upon it or otherwise related to it, listed in Annex I to the Act
of Accession of 16 April 2003, as well as any further such acts adopted before
1 May 2004, shall be binding on and applicable in the new Member States from
1 May 2004.
2. Those provisions of the Schengen acquis as integrated into the framework
of the Union and the acts building upon it or otherwise related to it not
referred to in paragraph 1, while binding on the new Member States from 1
May 2004, shall apply in a new Member State only pursuant to a European decision
of the Council to that effect after verification in accordance with the applicable
Schengen evaluation procedures that the necessary conditions for the application
of all parts of the acquis concerned have been met in that new Member State.
The Council shall take its decision, after consulting the European Parliament,
acting with the unanimity of its members representing the Governments of the
Member States in respect of which the provisions referred to in the present
paragraph have already been put into effect and of the representative of the
Government of the Member State in respect of which those provisions are to
be put into effect. The members of the Council representing the Governments
of Ireland and of the United Kingdom of Great Britain and Northern Ireland
shall take part in such a decision insofar as it relates to the provisions
of the Schengen acquis and the acts building upon it or otherwise related
to it in which these Member States participate.
3. The Agreements concluded by the Council under Article 6 of the Schengen
Protocol shall be binding on the new Member States from 1 May 2004.
4. The new Member States shall be required in respect of those conventions
or instruments in the field of justice and home affairs which are inseparable
from the attainment of the objectives of the EU Treaty:
(a) to accede to those which, by 1 May 2004, have been opened for signature
by the present Member States, and to those which have been drawn up by the
Council in accordance with Title VI of the EU Treaty and recommended to the
Member States for adoption;
(b) to introduce administrative and other arrangements, such as those adopted
by 1 May 2004 by the present Member States or by the Council, to facilitate
practical cooperation between the Member States' institutions and organisations
working in the field of justice and home affairs.
Article 4
Each of the new Member States shall participate in Economic and Monetary Union
from 1 May 2004 as a Member State with a derogation within the meaning of
Article III-197 of the Constitution.
Article 5
1. The new Member States, which have acceded by the Act of Accession of 16
April 2003 to the decisions and agreements adopted by the Representatives
of the Governments of the Member States, meeting within the Council, shall
be required to accede to all other agreements concluded by the present Member
States relating to the functioning of the Union or connected with the activities
thereof.
2. The new Member States shall be required to accede to the conventions provided
for in Article 293 of the EC Treaty and to those that are inseparable from
the attainment of the objectives of the EC Treaty, insofar as they are still
in force, and also to the protocols on the interpretation of those conventions
by the Court of Justice of the European Communities, signed by the present
Member States, and to this end they shall be required to enter into negotiations
with the present Member States in order to make the necessary adjustments
thereto.
Article 6
1. The new Member States shall be required to accede, under the conditions
laid down in this Protocol, to the agreements or conventions concluded or
provisionally applied by the present Member States and the Union or the European
Atomic Energy Community, acting jointly, and to the agreements concluded by
those States which are related to those agreements or conventions. The accession
of the new Member States to the agreements or conventions mentioned in paragraph
4, as well as the agreements with Belarus, China, Chile, Mercosur and Switzerland
which have been concluded or signed by the Community and its present Member
States jointly shall be agreed by the conclusion of a protocol to such agreements
or conventions between the Council, acting unanimously on behalf of the Member
States, and the third country or countries or international organisation concerned.
This procedure is without prejudice to the Union's and the European Atomic
Energy Community's own competences and does not affect the allocation of powers
between the Union and the European Atomic Energy Community and the Member
States as regards the conclusion of such agreements in the future or any other
amendments not related to accession. The Commission shall negotiate these
protocols on behalf of the Member States on the basis of negotiating directives
approved by the Council, acting by unanimity, and in consultation with a committee
comprised of the representatives of the Member States. It shall submit a draft
of the protocols for conclusion to the Council.
2. Upon acceding to the agreements and conventions referred to in paragraph
1 the new Member States shall acquire the same rights and obligations under
those agreements and conventions as the present Member States.
3. The new Member States shall be required to accede, under the conditions
laid down in this Protocol, to the Agreement on the European Economic Area
( 1 ), in accordance with Article 128 of that Agreement.
4. As from 1 May 2004, and, where appropriate, pending the conclusion of the
necessary protocols referred to in paragraph 1, the new Member States shall
apply the provisions of the Agreements concluded by the present Member States
and, jointly, the Community, with Algeria, Armenia, Azerbaijan, Bulgaria,
Croatia, Egypt, the former Yugoslav Republic of Macedonia, Georgia, Israel,
Jordan, Kazakhstan, Kyrgyzstan, Lebanon, Mexico, Moldova, Morocco, Romania,
the Russian Federation, San Marino, South Africa, South Korea, Syria, Tunisia,
Turkey, Turkmenistan, Ukraine and Uzbekistan as well as the provisions of
other agreements concluded jointly by the present Member States and the Community
before 1 May 2004. Any adjustments to these Agreements shall be the subject
of protocols concluded with the co-contracting countries in conformity with
the provisions of the second subparagraph of paragraph 1. Should the protocols
not have been concluded by 1 May 2004, the Union, the European Atomic Energy
Community and the Member States shall take, in the framework of their respective
competences, the necessary measures to deal with that situation.
5. As from 1 May 2004, the new Member States shall apply the bilateral textile
agreements and arrangements concluded by the Community with third countries.
The quantitative restrictions applied by the Union on imports of textile and
clothing products shall be adjusted to take account of the accession of the
new Member States. Should the amendments to the bilateral textile agreements
and arrangements not have entered into force by 1 May 2004, the Union shall
make the necessary adjustments to its rules for the import of textile and
clothing products from third countries to take into account the accession
of the new Member States.
6. The quantitative restrictions applied by the Union on imports of steel
and steel products shall be adjusted on the basis of imports by new Member
States during the years immediately preceding the signing of the Accession
Treaty of steel products originating in the supplier countries concerned.
7. Fisheries agreements concluded before 1 May 2004 by the new Member States
with third countries shall be managed by the Union. The rights and obligations
resulting for the new Member States from those agreements shall not be affected
during the period in which the provisions of those agreements are provisionally
maintained. As soon as possible, and in any event before the expiry of the
agreements referred to in the first subparagraph, appropriate European decisions
for the continuation of fishing activities resulting from those agreements
shall be adopted in each case by the Council on a proposal from the Commission,
including the possibility of extending certain agreements for periods not
exceeding one year.
8. With effect from 1 May 2004, the new Member States shall withdraw from
any free trade agreements with third countries, including the Central European
Free Trade Agreement. To the extent that agreements between one or more of
the new Member States on the one hand, and one or more third countries on
the other, are not compatible with the obligations arising from the Constitution
and in particular from this Protocol, the new Member States shall take all
appropriate steps to eliminate the incompatibilities established. If a new
Member State encounters difficulties in adjusting an agreement concluded with
one or more third countries before accession, it shall, according to the terms
of the agreement, withdraw from that agreement.
9. The new Member States 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 to the Union. They shall in particular
withdraw at 1 May 2004 or the earliest possible date thereafter from international
fisheries agreements and organisations to which the Union is also a party,
unless their membership relates to matters other than fisheries.
( 1 ) OJ L 1, 3.1.1994, p. 3.
Article 7
Acts adopted by the institutions to which the transitional provisions laid
down in this Protocol relate shall retain their status in law; in particular,
the procedures for amending those acts shall continue to apply.
Article 8
Provisions of the Act of Accession of 16 April 2003, 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 Community or of the European Union established by the Treaty
on European Union shall remain in force subject to the application of the
second paragraph. These provisions 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 9
The texts of the acts of the institutions, bodies, offices and agencies of
the Community or of the European Union established by the Treaty on European
Union and the texts of acts of the European Central Bank which were adopted
before 1 May 2004 and which were drawn up in the Czech, Estonian, Latvian,
Lithuanian, Hungarian, Maltese, Polish, Slovenian and Slovak languages shall
be authentic from that date, under the same conditions as the texts drawn
up and authentic in the other languages.
Article 10
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.
Article 11
The application of the Constitution and acts adopted by the institutions shall,
as a transitional measure, be subject to the derogations provided for in this
Protocol.
TITLE II
PERMANENT PROVISIONS
Article 12
The adaptations to the acts listed in Annex III to the Act of Accession of
16 April 2003 made necessary by accession shall be drawn up in conformity
with the guidelines set out in that Annex and in accordance with the procedure
and under the conditions laid down in Article 36.
Article 13
The measures listed in Annex IV to the Act of Accession of 16 April 2003 shall
be applied under the conditions laid down in that Annex.
Article 14
A European law of the Council may make the adaptations to the provisions of
this Protocol relating to the common agricultural policy which may prove necessary
as a result of a modification of Union law. The Council shall act unanimously
after consulting the European Parliament.
TITLE III
TEMPORARY PROVISIONS
Article 15
The measures listed in Annexes V, VI, VII, VIII, IX, X, XI, XII, XIII and
XIV to the Act of Accession of 16 April 2003 shall apply in respect of the
new Member States under the conditions laid down in those Annexes.
Article 16
1. The revenue designated as 'Common Customs Tariff duties and other duties'referred
to in Article 2(1)(b) of Council Decision 2000/597/EC, Euratom of 29 September
2000 on the system of the European Communities' own resources
( 1 ), or the
corresponding provision in any Decision replacing it, shall include the customs
duties calculated on the basis of the rates resulting from the Common Customs
Tariff and any tariff concession relating thereto applied by the Union in
the new Member States' trade with third countries.
2. For the year 2004, the harmonised VAT assessment base and the GNI (gross
national income) base of each new Member State, referred to in Article 2(1)(c)
and (d) of Council Decision 2000/597/EC, Euratom shall be equal to two thirds
of the annual base. The GNI base of each new Member State to be taken into
account for the calculation of the financing of the correction in respect
of budgetary imbalances granted to the United Kingdom, referred to in Article
5(1) of Council Decision 2000/597/EC, Euratom shall likewise be equal to two
thirds of the annual base.
3. For the purposes of determining the frozen rate for 2004 according to Article
2(4)(b) of Council Decision 2000/597/EC, Euratom the capped VAT bases of the
new Member States shall be calculated on the basis of two thirds of their
uncapped VAT base and two thirds of their GNI.
Article 17
1. The budget of the Union for the financial year 2004 shall be adapted to
take into account the accession of the new Member States through an amending
budget taking effect on 1 May 2004.
2. The twelve monthly twelfths of VAT and GNI-based resources to be paid by
the new Member States under the amending budget referred to in paragraph 1,
as well as the retroactive adjustment of the monthly twelfths for the period
January-April 2004 that only apply to the present Member States, shall be
converted into eighths to be called during the period May-December 2004. The
retroactive adjustments that result from any subsequent amending budget adopted
in 2004 shall likewise be converted into equal parts to be called during the
remainder of the year.
( 1 ) OJ L 253, 7.10.2000, p. 42.
Article 18
On the first working day of each month the Union shall pay the Czech Republic,
Cyprus, Malta and Slovenia, as an item of expenditure under the Union budget,
one eighth in 2004, as of 1 May 2004, and one twelfth in 2005 and 2006 of
the following amounts of temporary budgetary compensation:
| |
(EUR million, 1999 prices) |
| Czech Republic |
125,4 |
178,0 |
85,1 |
| Cyprus |
68,9 |
119,2 |
112,3 |
| Malta |
37,8 |
65,6 |
62,9 |
| Slovenia |
29,5 |
66,4 |
35,5 |
Article 19
On the first working day of each month the Union shall pay the Czech Republic,
Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia,
as an item of expenditure under the Union budget, one eighth in 2004, as of
1 May 2004, and one twelfth in 2005 and 2006 of the following amounts of a
special lump-sum cash-flow facility:
| |
(EUR million, 1999 prices) |
| Czech Republic |
174,70 |
91,55 |
91,55 |
| Estonia |
15,80 |
2,90 |
2,90 |
| Cyprus |
27,70 |
5,05 |
5,05 |
| Latvia |
19,50 |
3,40 |
3,40 |
| Lithuania |
34,80 |
6,30 |
6,30 |
| Hungary |
155,30 |
27,95 |
27,95 |
| Malta |
12,20 |
27,15 |
27,15 |
| Poland |
442,80 |
550,00 |
450,00 |
| Slovenia |
65,40 |
17,85 |
17,85 |
| Slovakia |
63,20 |
11,35 |
11,35 |
One thousand million euro for Poland and 100 million euro for the Czech Republic
included in the special lump-sum cash-flow facility shall be taken into account
for any calculations on the distribution of Structural Funds for the years
2004, 2005 and 2006.
Article 20
1. The new Member States listed below shall pay the following amounts to the
Research Fund for Coal and Steel referred to in Decision 2002/234/ECSC of
the Representatives of the Governments of the Member States, meeting within
the Council, of 27 February 2002 on the financial consequences of the expiry
of the ECSC Treaty and on the Research Fund for Coal and Steel
( 1 ):
| |
(EUR million, current prices) |
| Czech Republic |
39,88 |
| Estonia |
2,50 |
| Latvia |
2,69 |
| Hungary |
9,93 |
| Poland |
92,46 |
| Slovenia |
2,36 |
| Slovakia |
20,11 |
2. The contributions to the Research Fund for Coal and Steel shall be made
in four instalments starting in 2006 and paid as follows, in each case on
the first working day of the first month of each year: 2006: 15 % 2007: 20
% 2008: 30 % 2009: 35 %
Article 21
1. Save as otherwise provided for in this Protocol, no financial commitments
shall be made under the Phare programme
( 2 ), the Phare cross-border cooperation
programme
( 3 ), pre-accession funds for Cyprus and Malta
( 4 ), the ISPA
programme
( 5 ) and the Sapard programme
( 6 ) in favour of the new Member
States after 31 December 2003. The new Member States shall receive the same
treatment as the present Member States as regards expenditure under the first
three Headings of the Financial Perspective, as defined in the Interinstitutional
Agreement of 6 May 1999
( 1 ), as from 1 January 2004, subject to the individual
specifications and exceptions below or as otherwise provided for in this Protocol.
The maximum additional appropriations for headings 1, 2, 3 and 5 of the Financial
Perspective related to enlargement are set out in Annex XV to the Act of Accession
of 16 April 2003. However, no financial commitment under the 2004 budget for
any programme or agency concerned may be made before the accession of the
relevant new Member State has taken place.
2. Paragraph 1 shall not apply to expenditure under the European Agricultural
Guidance and Guarantee Fund, Guarantee Section, according to Articles 2(1),
2(2), and 3(3) of Council Regulation (EC) No 1258/1999 of 17 May 1999 on the
financing of the common agricultural policy
( 2 ), which will become eligible
for Community funding only from 1 May 2004, in accordance with Article 2 of
this Protocol. However, paragraph 1 of this Article shall apply to expenditure
for rural development under the European Agricultural Guidance and Guarantee
Fund, Guarantee Section, according to Article 47a of Council Regulation (EC)
No 1257/1999 of 17 May 1999 on support for rural development from the European
Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing
certain regulations
( 3 ), subject to the conditions set out in the amendment
of that Regulation in Annex II to the Act of Accession of 16 April 2003.
3. Subject to the last sentence of paragraph 1, as of 1 January 2004, the
new Member States shall participate in Union programmes and agencies according
to the same terms and conditions as the present Member States with funding
from the general budget of the Union.
( 1 ) OJ L 79, 22.3.2002, p. 42.
( 2 ) Regulation (EEC) No 3906/89 (OJ L 375, 23.12.1989, p. 11).
( 3 ) Regulation (EC) No 2760/98 (OJ L 345, 19.12.1998, p. 49).
( 4 ) Regulation (EC) No 555/2000 (OJ L 68, 16.3.2000, p. 3).
( 5 ) Regulation (EC) No 1267/1999 (OJ L 161, 26.6.1999, p. 73).
( 6 ) Regulation (EC) No 1268/1999 (OJ L 161, 26.6.1999, p. 87).
4. If any measures are necessary to facilitate the transition from the pre-accession
regime to that resulting from the application of this Article, the Commission
shall adopt the required measures.
Article 22
1. Tendering, contracting, implementation and payments for pre-accession assistance
under the Phare programme, the Phare cross-border cooperation programme and
pre-accession funds for Cyprus and Malta shall be managed by implementing
agencies in the new Member States as from 1 May 2004. The Commission shall
adopt European decisions to waive the ex ante control by the Commission over
tendering and contracting following a positively assessed Extended Decentralised
Implementation System (EDIS) in accordance with the criteria and conditions
laid down in the Annex to Council Regulation (EC) No 1266/1999 of 21 June
1999 on coordinating aid to the applicant countries in the framework of the
pre-accession strategy and amending Regulation (EEC) No 3906/89
(
1 ). If these decisions to waive ex ante control have not been adopted
before 1 May 2004, any contracts signed between 1 May 2004 and the date on
which the Commission decisions are taken shall not be eligible for pre-accession
assistance. However, exceptionally, if the Commission decisions to waive ex-ante
control are delayed beyond 1 May 2004 for reasons not attributable to the
authorities of a new Member State, the Commission may accept, in duly justified
cases, eligibility for pre-accession assistance of contracts signed between
1 May 2004 and the date of these decisions, and the continued implementation
of pre-accession assistance for a limited period, subject to ex ante control
by the Commission over tendering and contracting.
1 OJ L 232, 2.9.1999, p. 34.
2. Global budget commitments made before 1 May 2004 under the pre-accession
financial instruments referred to in paragraph 1, including the conclusion
and registration of subsequent individual legal commitments and payments made
after 1 May 2004, shall continue to be governed by the rules and regulations
of the pre-accession financing instruments and be charged to the corresponding
budget chapters until closure of the programmes and projects concerned. Notwithstanding
this, public procurement procedures initiated after 1 May 2004 shall be carried
out in accordance with the relevant Union acts.
3. The last programming exercise for the pre-accession assistance referred
to in paragraph 1 shall take place in the last full calendar year preceding
1 May 2004. Actions under these programmes will have to be contracted within
the following two years and disbursements made as provided for in the Financing
Memorandum
( 1 ), usually by the end of the third
year after the commitment. No extensions shall be granted for the contracting
period. Exceptionally and in duly justified cases, limited extensions in terms
of duration may be granted for disbursement.
( 1 ) OJ L 56, 4.3.1968, p. 1.
4. In order to ensure the necessary phasing out of the pre-accession financial
instruments referred to in paragraph 1 as well as the ISPA programme, and
a smooth transition from the rules applicable before and after 1 May 2004,
the Commission may take all appropriate measures to ensure that the necessary
statutory staff is maintained in the new Member States for a maximum of fifteen
months following that date. During this period, officials assigned to posts
in the new Member States before accession and who are required to remain in
service in those States after 1 May 2004 shall benefit, as an exception, from
the same financial and material conditions as were applied by the Commission
before 1 May 2004 in accordance with Annex X to the Staff Regulations of officials
and the conditions of employment of other servants of the European Communities
laid down in Regulation (EEC, Euratom, ECSC)
( 1 ).
The administrative expenditure, including salaries for other staff, necessary
for the management of the pre-accession assistance shall be covered, for all
of 2004 and until the end of July 2005, under the heading 'support expenditure
for operations'(former part B of the budget) or equivalent headings for the
financial instruments referred to in paragraph 1 as well as the ISPA programme,
of the relevant pre-accession budgets.
5. Where projects approved under Regulation (EC) No 1258/1999 can no longer
be funded under that instrument, they may be integrated into rural development
programming and financed under the European Agricultural Guidance and Guarantee
Fund. Should specific transitional measures be necessary in this regard, these
shall be adopted by the Commission in accordance with the procedures laid
down in Article 50(2) of Council Regulation (EC) No 1260/1999 of 21 June 1999
laying down general provisions on the Structural Funds
(
2 ).
1 OJ L 56, 4.3.1968, p. 1.
2 OJ L 161, 26.6.1999, p. 1.
Article 23
1. Between 1 May 2004 and the end of 2006, the Union shall provide temporary
financial assistance, hereinafter referred to as the 'Transition Facility',
to the new Member States to develop and strengthen their administrative capacity
to implement and enforce Union and European Atomic Energy Community law and
to foster exchange of best practice among peers.
2. Assistance shall address the continued need for strengthening institutional
capacity in certain areas through action which cannot be financed by the Structural
Funds, in particular in the following areas:
(a) justice and home affairs (strengthening of the judicial system, external
border controls, anti-corruption strategy, strengthening of law enforcement
capacities);
(b) financial control;
(c) protection of the financial interests of the Union and of the European
Atomic Energy Community and the fight against fraud;
(d) internal market, including customs union;
(e) environment;
(f) veterinary services and administrative capacity-building relating to food
safety;
(g) administrative and control structures for agriculture and rural development,
including the Integrated Administration and Control System (IACS);
(h) nuclear safety (strengthening the effectiveness and competence of nuclear
safety authorities and their technical support organisations as well as public
radioactive waste management agencies);
(i) statistics;
(j) strengthening public administration according to needs identified in the
Commission's comprehensive monitoring report which are not covered by the
Structural Funds.
( 1 ) OJ L 56, 4.3.1968, p. 1.
( 2 ) OJ L 161, 26.6.1999, p. 1.
3. Assistance under the Transition Facility shall be decided in accordance
with the procedure laid down in Article 8 of Council Regulation (EEC) No 3906/89
of 18 December 1989 on economic aid to certain countries of Central and Eastern
Europe
( 1 ).
4. The programme shall be implemented in accordance with Article 53(1)(a)
and (b) of the Financial Regulation applicable to the general budget of the
European Communities
( 2 ) or the European law
replacing it. For twinning projects between public administrations for the
purpose of institution-building, the procedure for call for proposals through
the network of contact points in the Member States shall continue to apply,
as established in the Framework Agreements with the present Member States
for the purpose of pre-accession assistance. The commitment appropriations
for the Transition Facility, at 1999 prices, shall be 200 million euro in
2004, 120 million euro in 2005 and 60 million euro in 2006. The annual appropriations
shall be authorised by the budgetary authority within the limits of the Financial
Perspective as defined by the Interinstitutional Agreement of 6 May 1999.
( 1 ) OJ L 375, 23.12.1989, p. 11.
( 2 ) Regulation (EC, Euratom) No 1605/2002 (OJ
L 248, 16.9.2002, p. 1).
Article 24
1. A Schengen Facility is hereby created as a temporary instrument to help
beneficiary Member States between 1 May 2004 and the end of 2006 to finance
actions at the new external borders of the Union for the implementation of
the Schengen acquis and external border control. In order to address the shortcomings
identified in the preparation for participation in Schengen, the following
types of action shall be eligible for financing under the Schengen Facility:
(a) investment in construction, renovation or upgrading of border-crossing
infrastructure and related buildings;
(b) investments in any kind of operating equipment (e.g. laboratory equipment,
detection tools, Schengen Information System - SIS II hardware and software,
means of transport);
(c) training of border guards;
(d) support to costs for logistics and operations.
2. The following amounts shall be made available under the Schengen Facility
in the form of lump-sum grant payments as of 1 May 2004 to the beneficiary
Member States listed below:
| |
(million euro, 1999 prices) |
| Estonia |
22,90 |
22,90 |
22,90 |
| Latvia |
23,70 |
23,70 |
23,70 |
| Lithuania |
44,78 |
61,07 |
29,85 |
| Hungary |
49,30 |
49,30 |
49,30 |
| Poland |
93,34 |
93,33 |
93,33 |
| Slovenia |
35,64 |
35,63 |
35,63 |
| Slovakia |
15,94 |
15,93 |
15,93 |
3. The beneficiary Member States shall be responsible for selecting and implementing
individual operations in compliance with this Article. They shall also be
responsible for coordinating use of the Schengen Facility with assistance
from other Union instruments, ensuring compatibility with Union policies and
measures and compliance with the Financial Regulation applicable to the general
budget of the European Communities or with the European law replacing it.
The lump-sum grant payments shall be used within three years from the first
payment and any unused or unjustifiably spent funds shall be recovered by
the Commission. The beneficiary Member States shall submit, no later than
six months after expiry of the three-year deadline, a comprehensive report
on the financial execution of the lump-sum grant payments with a statement
justifying the expenditure. The beneficiary State shall exercise this responsibility
without prejudice to the Commission's responsibility for the implementation
of the Union's budget and in accordance with the provisions applicable to
decentralised management in the said Financial Regulation or in the European
law replacing it.
4. The Commission retains the right of verification, through the Anti-Fraud
Office (OLAF). The Commission and the Court of Auditors may also carry out
on-the-spot checks in accordance with the appropriate procedures.
5. The Commission may adopt any technical provisions necessary for the operation
of the Schengen Facility.
Article 25
The amounts referred to in Articles 18, 19, 23 and 24 shall be adjusted each
year, as part of the technical adjustment provided for in paragraph 15 of
the Interinstitutional Agreement of 6 May 1999.
Article 26
1. If, until the end of a period of up to three years after 1 May 2004, difficulties
arise which are serious and liable to persist in any sector of the economy
or which could bring about serious deterioration in the economic situation
of a given area, a new Member State may apply for authorisation to take protective
measures in order to rectify the situation and adjust the sector concerned
to the economy of the internal market. In the same circumstances, any present
Member State may apply for authorisation to take protective measures with
regard to one or more of the new Member States.
2. Upon request by the State concerned, the Commission shall, by emergency
procedure, adopt the European regulations or decisions establishing the protective
measures which it considers necessary, specifying the conditions and modalities
under which they are to be put into effect. In the event of serious economic
difficulties and at the express request of the Member State concerned, the
Commission shall act within five working days of the receipt of the request
accompanied by the relevant background information. The measures thus decided
on shall be applicable forthwith, shall take account of the interests of all
parties concerned and shall not entail frontier controls.
3. The measures authorised under paragraph 2 may involve derogations from
the rules of the Constitution, and in particular from this Protocol, to such
an extent and for such periods as are strictly necessary in order to attain
the objectives referred to in paragraph 1. Priority shall be given to such
measures as will least disturb the functioning of the internal market.
Article 27
If a new Member State has failed to implement commitments undertaken in the
context of the accession negotiations, causing a serious breach of the functioning
of the internal market, including any commitments in all sectoral policies
which concern economic activities with cross-border effect, or an imminent
risk of such breach, the Commission may, until the end of a period of up to
three years after 1 May 2004, upon the motivated request of a Member State
or on its own initiative, adopt European regulations or decisions establishing
appropriate measures. Measures shall be proportional and priority shall be
given to measures which least disturb the functioning of the internal market
and, where appropriate, to the application of the existing sectoral safeguard
mechanisms. Such safeguard measures shall not be invoked as a means of arbitrary
discrimination or a disguised restriction on trade between Member States.
The measures shall be maintained no longer than strictly necessary, and, in
any case, will be lifted when the relevant commitment is implemented. They
may however be applied beyond the period specified in the first paragraph
as long as the relevant commitments have not been fulfilled. In response to
progress made by the new Member State concerned in fulfilling its commitments,
the Commission may adapt the measures as appropriate. The Commission shall
inform the Council in good time before revoking the European regulations or
decisions establishing the safeguard measures, and it shall take duly into
account any observations of the Council in this respect.
Article 28
If there are serious shortcomings or any imminent risks of such shortcomings
in a new Member State in the transposition, state of implementation or the
application of the framework decisions or any other relevant commitments,
instruments of cooperation and decisions relating to mutual recognition in
the area of criminal law under Title VI of the EU Treaty, Directives and Regulations
relating to mutual recognition in civil matters under Title IV of the EC Treaty,
and European laws and framework laws adopted on the basis of Sections 3 and
4 of Chapter IV of Title III of Part III of the Constitution, the Commission
may, until the end of a period of up to three years after 1 May 2004, upon
the motivated request of a Member State or on its own initiative and after
consulting the Member States, adopt European regulations or decisions establishing
appropriate measures and specify the conditions and modalities under which
these measures are put into effect. These measures may take the form of temporary
suspension of the application of relevant provisions and decisions in the
relations between a new Member State and any other Member State or Member
States, without prejudice to the continuation of close judicial cooperation.
The measures shall be maintained no longer than strictly necessary, and, in
any case, will be lifted when the shortcomings are remedied. They may however
be applied beyond the period specified in the first paragraph as long as these
shortcomings persist. In response to progress made by the new Member State
concerned in rectifying the identified shortcomings, the Commission may adapt
the adopted measures as appropriate after consulting the Member States. The
Commission shall inform the Council in good time before revoking safeguard
measures, and it shall take duly into account any observations of the Council
in this respect.
Article 29
In order not to hamper the proper functioning of the internal market, the
enforcement of the new Member States' national rules during the transitional
periods referred to in Annexes V to XIV to the Act of Accession of 16 April
2003 shall not lead to border controls between Member States.
Article 30
If transitional measures are necessary to facilitate the transition from the
existing regime in the new Member States to that resulting from the application
of the common agricultural policy under the conditions set out in this Protocol,
such measures shall be adopted by the Commission in accordance with the procedure
referred to in Article 42(2) of Council Regulation (EC) No 1260/2001 of 19
June 2001 on the common organisation of the markets in the sugar sector
( 1 ), or as appropriate, in the corresponding Articles of the other Regulations
on the common organisation of agricultural markets or of the European laws
replacing them or the relevant procedure as determined in the applicable legislation.
The transitional measures referred to in this Article may be adopted during
a period of three years after 1 May 2004 and their application shall be limited
to that period. A European law of the Council may extend this period. The
Council shall act unanimously after consulting the European Parliament.
( 1 ) OJ L 178, 30.6.2001, p. 1.
Article 31
If transitional measures are necessary to facilitate the transition from the
existing regime in the new Member States to that resulting from the application
of the Union veterinary and phytosanitary rules, such measures shall be adopted
by the Commission in accordance with the relevant procedure as determined
in the applicable legislation. These measures shall be taken during a period
of three years after 1 May 2004 and their application shall be limited to
that period.
Article 32
1. The terms of office of the new members of the Committees, groups and other
bodies listed in Annex XVI to the Act of Accession of 16 April 2003 shall
expire at the same time as those of the members in office on 1 May 2004.
2. The terms of office of the new members of the Committees and groups set
up by the Commission which are listed in Annex XVII to the Act of Accession
of 16 April 2003 shall expire at the same time as those of the members in
office on 1 May 2004.
TITLE IV
APPLICABILITY OF THE ACTS OF THE INSTITUTIONS
Article 33
As from 1 May 2004, the new Member States shall be considered as being addressees
of directives and decisions within the meaning of Article 249 of the EC Treaty
and of Article 161 of the EAEC Treaty, provided that those directives and
decisions have been addressed to all the present Member States. Except with
regard to directives and decisions which enter into force pursuant to Article
254 (1) and (2) of the EC Treaty, the new Member States shall be considered
as having received notification of such directives and decisions upon 1 May
2004.
Article 34
The new Member States shall put into effect the measures necessary for them
to comply, from 1 May 2004, with the provisions of directives and decisions
within the meaning of Article 249 of the EC Treaty and of Article 161 of the
EAEC Treaty, unless another time-limit is provided for in the Annexes referred
to in Article 15 or in any other provisions of this Protocol.
Article 35
Unless otherwise stipulated, the Council, on a proposal from the Commission,
shall adopt the necessary European regulations and decisions to implement
the provisions contained in Annexes III and IV to the Act of Accession of
16 April 2003 referred to in Articles 12 and 13 of this Protocol.
Article 36
1. Where acts of the institutions prior to 1 May 2004 require adaptation by
reason of accession, and the necessary adaptations have not been provided
for in this Protocol, those adaptations shall be made in accordance with the
procedure laid down by paragraph
2. Those adaptations shall enter into force as from 1 May 2004.
2. The Council, on a proposal from the Commission, or the Commission, according
to which of these two institutions adopted the original acts, shall to this
end adopt the necessary acts.
Article 37
Provisions laid down by law, regulation or administrative action designed
to ensure the protection of the health of workers and the general public in
the territory of the new Member States against the dangers arising from ionising
radiations shall, in accordance with Article 33 of the EAEC Treaty, be communicated
by those States to the Commission within three months from 1 May 2004.
PART TWO
PROVISIONS ON THE PROTOCOLS ANNEXED TO THE ACT OF ACCESSION OF 16 APRIL 2003
TITLE I
TRANSITIONAL PROVISIONS ON THE EUROPEAN INVESTMENT BANK
Article 38
The Kingdom of Spain shall pay the amount of EUR 309 686 775 as its share
of the capital paid in for the subscribed capital increase. This contribution
shall be paid in eight equal instalments falling due on 30 September 2004,
30 September 2005, 30 September 2006, 31 March 2007, 30 September 2007, 31
March 2008, 30 September 2008 and 31 March 2009. The Kingdom of Spain shall
contribute, in eight equal instalments falling due on those dates, to the
reserves and provisions equivalent to reserves, as well as to the amount still
to be appropriated to the reserves and provisions, comprising the balance
of the profit and loss account, established at the end of the month of April
2004, as entered on the balance sheet of the Bank, in amounts corresponding
to 4,1292 % of the reserves and provisions.
Article 39
From 1 May 2004, the new Member States shall pay the following amounts corresponding
to their share of the capital paid in for the subscribed capital as defined
in Article 4 of the Statute of the European Investment Bank.
| Poland |
170 563 175 euro |
| Czech Republic |
62 939 275 euro |
| Hungary |
59 543 425 euro |
| Slovakia |
21 424 525 euro |
| Slovenia |
19 890 750 euro |
| Lithuania |
12 480 875 euro |
| Cyprus |
9 169 100 euro |
| Latvia |
7 610 750 euro |
| Estonia |
5 882 000 euro |
| Malta |
3 490 200 euro |
These contributions shall be paid in eight equal instalments falling due
on 30 September 2004, 30 September 2005, 30 September 2006, 31 March 2007,
30 September 2007, 31 March 2008, 30 September 2008 and 31 March 2009.
Article 40
The new Member States shall contribute, in eight equal instalments falling
due on the dates referred to in Article 39, to the reserves and provisions
equivalent to reserves, as well as to the amount still to be appropriated
to the reserves and provisions, comprising the balance of the profit and loss
account, established at the end of the month of April 2004, as entered on
the balance sheet of the European Investment Bank, in amounts corresponding
to the following percentages of the reserves and provisions:
| Poland |
2,2742% |
| Czech Republic |
0,8392% |
| Hungary |
0,7939% |
| Slovakia |
0,2857% |
| Slovenia |
0,2652% |
| Lithuania |
0,1664% |
| Cyprus |
0,1223% |
| Latvia |
0,1016% |
| Estonia |
0,0784% |
| Malta |
0,0465% |
Article 41
The capital and payments provided for in Articles 38, 39 and 40 shall be paid
in by the Kingdom of Spain and the new Member States in cash in euro, save
by way of derogation decided unanimously by the Board of Governors.
TITLE II
PROVISIONS ON THE RESTRUCTURING OF THE CZECH STEEL INDUSTRY
Article 42
1. Notwithstanding Articles III-167 and III-168 of the Constitution, State
aid granted by the Czech Republic for restructuring purposes to specified
parts of the Czech steel industry from 1997 to 2003 shall be deemed to be
compatible with the internal market provided that:
(a) the period provided for in Article 8(4) of Protocol 2 on ECSC products
to the Europe Agreement establishing an association between the European Communities
and their Member States, of the one part, and the Czech Republic, of the other
part
( 1 ), has been extended until 1 May 2004;
(b) the terms set out in the restructuring plan on the basis of which the
abovementioned Protocol was extended are adhered to throughout the period
2002-2006;
(c) the conditions set out in this Title are met, and
(d) no State aid for restructuring is to be paid to the Czech steel industry
after 1 May 2004.
2. Restructuring of the Czech steel sector, as described in the individual
business plans of the companies listed in Annex 1 to Protocol 2 to the Act
of Accession of 16 April 2003 (hereinafter referred to as 'benefiting companies'),
and in line with the conditions set out in this Title, shall be completed
no later than 31 December 2006 (hereinafter referred to as 'the end of the
restructuring period').
3. Only benefiting companies shall be eligible for State aid in the framework
of the Czech steel restructuring programme.
4. A benefiting company may not:
(a) in the case of a merger with a company not included in Annex 1 to Protocol
2 to the Act of Accession of 16 April 2003, pass on the benefit of the aid
granted to the benefiting company;
(b) take over the assets of any company not included in Annex 1 to Protocol
2 to the Act of Accession of 16 April 2003 which is declared bankrupt in the
period up to 31 December 2006.
( 1 ) OJ L 360, 31.12.1994, p. 2.
5. Any subsequent privatisation of any of the benefiting companies shall respect
the conditions and principles regarding viability, State aid and capacity
reduction defined in this Title.
6. The total restructuring aid to be granted to the benefiting companies shall
be determined by the justifications set out in the approved Czech steel restructuring
plan and individual business plans as approved by the Council. But in any
case, the aid paid out in the period 1997-2003 is limited to a maximum amount
of CZK 14 147 425 201. Of this total figure, Nová Hut' receives a maximum
of CZK 5 700 075 201, Vítkovice Steel receives a maximum of CZK 8 155
350 000 and Válcovny Plechu Frydek Místek receives a maximum
of CZK 292 000 000 depending on the requirements as set out in the approved
restructuring plan. The aid shall only be granted once. No further State aid
shall be granted by the Czech Republic for restructuring purposes to the Czech
steel industry.
7. The net capacity reduction to be achieved by the Czech Republic for finished
products during the period 1997-2006 shall be 590 000 tonnes. Capacity reduction
shall be measured only on the basis of permanent closure of production facilities
by physical destruction such that the facilities cannot be restored to service.
A declaration of bankruptcy of a steel company shall not qualify as capacity
reduction. The above level of net capacity reduction, together with any other
capacity reductions identified as necessary in the restructuring programmes,
shall be completed in line with the timetable in Annex 2 to Protocol 2 to
the Act of Accession of 16 April 2003.
8. The Czech Republic shall remove trade barriers in the coal market in accordance
with the acquis by accession, enabling Czech steel companies to obtain access
to coal at international market prices.
9. The business plan for the benefiting company Nová Hut' shall be implemented.
In particular:
(a) the Vysokíst Pece Ostrava (VPO) plant shall be brought into the
organisational framework of Nová Hut' by acquisition of full ownership.
A target date shall be set for this merger, including assignation of responsibility
for its implementation;
(b) restructuring efforts shall concentrate on the following:
(i) evolving Nová Hut' from being production-oriented to being marketing-oriented
and improving the efficiency and effectiveness of its business management,
including greater transparency on costs;
(ii) Nová Hut' reviewing its product mix and entry into higher added-value
markets;
(iii) Nová Hut' making the necessary investments in order to achieve
a higher quality of finished products in the short term;
(c) employment restructuring shall be implemented; levels of productivity
comparable to those obtained by the Union's steel industry product groups
shall be reached as at 31 December 2006, on the basis of the consolidated
figures of the benefiting companies concerned;
(d) compliance with the relevant Community acquis in the field of environmental
protection shall be achieved by 1 May 2004 including the necessary investments
addressed in the business plan. In accordance with the business plan the necessary
future IPPC-related investment shall also be made, in order to ensure compliance
with Council Directive 96/61/EC of 24 September 1996 concerning integrated
pollution prevention and control
( 1 ) by 1 November 2007.
10. The business plan for the benefiting company Vítkovice Steel shall
be implemented. In particular:
(a) the Duo Mill shall be permanently closed no later than 31 December 2006.
In the event of purchase of the company by a strategic investor, the purchase
contract shall be made conditional on this closure by this date;
(b) restructuring efforts shall concentrate on the following:
(i) an increase in direct sales and a greater focus on cost reduction, this
being essential for more efficient business management,
(ii) adapting to market demand and shifting towards higher value-added products,
(iii) bringing forward the proposed investment in the secondary steel-making
process from 2004 to 2003, in order to allow the company to compete on quality
rather than on price;
(c) compliance with the relevant Community acquis in the field of environmental
protection shall be achieved by 1 May 2004 including the necessary investments
addressed in the business plan, which include the need for future IPPC-related
investment.
( 1 ) OJ L 257, 10.10.1996, p. 26.
11. The business plan for the benefiting company Válcovny Plechu Frydek
Místek (VPFM) shall be implemented. In particular:
(a) Hot Rolling Mills Nos 1 and 2 shall be permanently closed at the end of
2004;
(b) restructuring efforts shall concentrate on the following:
(i) making the necessary investment in order to reach a higher quality of
finished product in the short term after the signing of the Treaty of Accession,
(ii) giving priority to the implementation of key identified profit improvement
opportunities (including employment restructuring, cost reductions, yield
improvements and distribution reorientation).
12. Any subsequent changes in the overall restructuring plan and the individual
plans must be agreed by the Commission and, where appropriate, by the Council.
13. The implementation of the restructuring shall take place under conditions
of full transparency and on the basis of sound market economy principles.
14. The Commission and the Council shall closely monitor the implementation
of the restructuring and the fulfilment of the conditions set out in this
Title concerning viability, State aid and capacity reductions before and after
1 May 2004 until the end of the restructuring period, in accordance with paragraphs
15 to 18. For this purpose the Commission shall report to the Council.
15. The Commission and the Council shall monitor the restructuring benchmarks
set out in Annex 3 to Protocol 2 to the Act of Accession of 16 April 2003.
The references in that Annex to paragraph 16 of the said Protocol shall be
construed as being made to paragraph 16 of this Article.
16. Monitoring shall include an independent evaluation to be carried out in
2003, 2004, 2005 and 2006. The Commission's viability test shall be an important
element in ensuring that viability is achieved.
17. The Czech Republic shall cooperate fully with all the arrangements for
monitoring. In particular:
(a) the Czech Republic shall supply the Commission with six-monthly reports
concerning the restructuring of the benefiting companies, no later than 15
March and 15 September of each year, until the end of the restructuring period,
(b) the first report shall reach the Commission by 15 March 2003 and the last
report by 15 March 2007, unless the Commission decides otherwise,
(c) the reports shall contain all the information necessary to monitor the
restructuring process and the reduction and use of capacity and shall provide
sufficient financial data to allow an assessment to be made of whether the
conditions and requirements contained in this Title have been fulfilled. The
reports shall at the least contain the information set out in Annex 4 to Protocol
2 to the Act of Accession of 16 April 2003, which the Commission reserves
the right to modify in line with its experiences during the monitoring process.
In addition to the individual business reports of the benefiting companies,
there shall also be a report on the overall situation of the Czech steel sector,
including recent macroeconomic developments,
(d) the Czech Republic shall oblige the benefiting companies to disclose all
relevant data which might, under other circumstances, be considered as confidential.
In its reporting to the Council, the Commission shall ensure that company-specific
confidential information is not disclosed.
18. The Commission may at any time decide to mandate an independent consultant
to evaluate the monitoring results, undertake any research necessary and report
to the Commission and the Council.
19. If the Commission establishes, on the basis of the reports referred to
in paragraph 17, that substantial deviations from the financial data on which
the viability assessment has been made have occurred, it may require the Czech
Republic to take appropriate measures to reinforce the restructuring measures
of the benefiting companies concerned.
20. Should the monitoring show that:
(a) the conditions for the transitional arrangements contained in this Title
have not been fulfilled, or that
(b) the commitments made in the framework of the extension of the period during
which the Czech Republic may exceptionally grant State support for the restructuring
of its steel industry under the Europe Agreement establishing an association
between the European Communities and their Member States, of the one part,
and the Czech Republic, of the other part
( 1 ) have not been fulfilled, or
that
(c) the Czech Republic in the course of the restructuring period has granted
additional incompatible State aid to the steel industry and to the benefiting
companies in particular, the transitional arrangements contained in this Title
shall not have effect. The Commission shall take appropriate steps requiring
any company concerned to reimburse any aid granted in breach of the conditions
laid down in this Title.
( 1 ) OJ L 360, 31.12.1994, p. 2.
TITLE III
PROVISIONS ON THE SOVEREIGN BASE AREAS OF THE UNITED KINGDOM OF GREAT BRITAIN
AND NORTHERN IRELAND IN CYPRUS
Article 43
1. The Sovereign Base Areas shall be included within the customs territory
of the Union and, for this purpose, the customs and common commercial policy
acts of the Union listed in Part One of the Annex to Protocol 3 to the Act
of Accession of 16 April 2003 shall apply to the Sovereign Base Areas with
the amendments set out in that Annex. In that Annex, reference to 'this Protocol'shall
be construed as being to this Title.
2. The Union acts on turnover taxes, excise duties and other forms of indirect
taxation listed in Part Two of the Annex to Protocol 3 to the Act of Accession
of 16 April 2003 shall apply to the Sovereign Base Areas with the amendments
set out in that Annex as well as the relevant provisions applying to Cyprus
as set out in this Protocol.
3. The Union acts listed in Part Three of the Annex to Protocol 3 to the Act
of Accession of 16 April 2003 shall be amended as set out in that Annex to
enable the United Kingdom to maintain the reliefs and exemptions from duties
and taxes on supplies to its forces and associated personnel which are granted
by the Treaty concerning the Establishment of the Republic of Cyprus (hereinafter
referred to as the 'Treaty of Establishment').
Article 44
Articles III-225 to III-232 of the Constitution, together with the provisions
adopted on that basis, and the provisions adopted in accordance with Article
III-278(4)(b) of the Constitution shall apply to the Sovereign Base Areas.
Article 45
Persons resident or employed in the territory of the Sovereign Base Areas
who, under arrangements made pursuant to the Treaty of Establishment and the
associated Exchange of Notes dated 16 August 1960, are subject to the social
security legislation of the Republic of Cyprus shall be treated for the purposes
of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application
of social security schemes to employed persons, to self-employed persons and
to members of their families moving within the Community
( 1 ) as if they
were resident or employed in the territory of the Republic of Cyprus.
( 1 ) OJ L 149, 5.7.1971, p. 2.
PROTOCOL 9 CONT'D>>
