Protocols annexed to the Treaty establishing a Constitution for
Europe
PROTOCOL 9 CONT'D
BACK
Article 46
1. The Republic of Cyprus shall not be required to carry out checks on persons
crossing its land and sea boundaries with the Sovereign Base Areas and any
Union restrictions on the crossing of external borders shall not apply in
relation to such persons.
2. The United Kingdom shall exercise controls on persons crossing the external
borders of the Sovereign Base Areas in accordance with the undertakings set
out in Part Four of the Annex to Protocol 3 to the Act of Accession of 16
April 2003.
Article 47
The Council, on a proposal from the Commission, may, in order to ensure effective
implementation of the objectives of this Title, adopt a European decision
amending Articles 43 to 46, including the Annex to Protocol 3 to the Act of
Accession of 16 April 2003, or applying other provisions of the Constitution
and Union acts to the Sovereign Base Areas on such terms and subject to such
conditions as it may specify. The Council shall act unanimously. The Commission
shall consult the United Kingdom and the Republic of Cyprus before bringing
forward a proposal.
Article 48
1. Subject to paragraph 2, the United Kingdom shall be responsible for the
implementation of this Title in the Sovereign Base Areas. In particular:
(a) the United Kingdom shall be responsible for the application of the Union
measures specified in this Title in the fields of customs, indirect taxation
and the common commercial policy in relation to goods entering or leaving
the island of Cyprus through a port or airport within the Sovereign Base Areas;
(b) customs controls on goods imported into or exported from the island of
Cyprus by the forces of the United Kingdom through a port or airport in the
Republic of Cyprus may be carried out within the Sovereign Base Areas;
(c) the United Kingdom shall be responsible for issuing any licences, authorisations
or certificates which may be required under any applicable Union measure in
respect of goods imported into or exported from the island of Cyprus by the
forces of the United Kingdom. 2. The Republic of Cyprus shall be responsible
for the administration and payment of any Union funds to which persons in
the Sovereign Base Areas may be entitled pursuant to the application of the
common agricultural policy in the Sovereign Base Areas under Article 44, and
the Republic of Cyprus shall be accountable to the Commission for such expenditure.
3. Without prejudice to paragraphs 1 and 2, the United Kingdom may delegate
to the competent authorities of the Republic of Cyprus, in accordance with
arrangements made pursuant to the Treaty of Establishment, the performance
of any functions imposed on a Member State by or under any provision referred
to in Articles 43 to 46. 4. The United Kingdom and the Republic of Cyprus
shall cooperate to ensure the effective implementation of this Title in the
Sovereign Base Areas and, where appropriate, shall conclude further arrangements
concerning the delegation of the implementation of any of the provisions referred
to in Articles 43 to 46. A copy of any such arrangements shall be submitted
to the Commission.
Article 49
The arrangements provided for in this Title shall have the sole purpose of
regulating the particular situation of the Sovereign Base Areas of the United
Kingdom in Cyprus and shall not apply to any other territory of the Union,
nor serve as a precedent, in whole or in part, for any other special arrangements
which either already exist or which might be set up in another European territory
provided for in Article IV-440 of the Constitution.
Article 50
The Commission shall report to the European Parliament and the Council every
five years as from 1 May 2004 on the implementation of the provisions of this
Title.
Article 51
The provisions of this Title shall apply in the light of the Declaration on
the Sovereign Base Areas of the United Kingdom of Great Britain and Northern
Ireland in Cyprus, which incorporates, without altering its legal effect,
the wording of the preamble to Protocol 3 to the Act of Accession of 16 April
2003.
TITLE IV
PROVISIONS ON THE IGNALINA NUCLEAR POWER PLANT IN LITHUANIA
Article 52
Acknowledging the readiness of the Union to provide adequate additional assistance
to the efforts by Lithuania to decommission the Ignalina nuclear power plant
and highlighting this expression of solidarity, Lithuania has undertaken to
close Unit 1 of the Ignalina nuclear power plant before 2005 and Unit 2 of
this plant by 31 December 2009 at the latest and subsequently decommission
these units.
Article 53
1. During the period 2004-2006, the Union shall provide Lithuania with additional
financial assistance in support of its efforts to decommission, and to address
the consequences of the closure and decommissioning of, the Ignalina nuclear
power plant (hereinafter 'the Ignalina Programme').
2. Measures under the Ignalina Programme shall be decided and implemented
in accordance with the provisions laid down in Council Regulation (EEC) No
3906/89 of 18 December 1989 on economic aid to certain countries of Central
and Eastern Europe
( 1 ).
3. The Ignalina Programme shall, inter alia, cover: measures in support of
the decommissioning of the Ignalina nuclear power plant; measures for the
environmental upgrading in line with the acquis and modernisation measures
of conventional production capacity to replace the production capacity of
the two Ignalina nuclear power plant reactors; and other measures which are
consequential to the decision to close and decommission this plant and which
contribute to the necessary restructuring, environmental upgrading and modernisation
of the energy production, transmission and distribution sectors in Lithuania
as well as to enhancing the security of energy supply and improving energy
efficiency in Lithuania.
4. The Ignalina Programme shall include measures to support plant personnel
in maintaining a high level of operational safety at the Ignalina nuclear
power plant in the periods prior to the closure and during the decommissioning
of the said reactor units.
5. For the period 2004-2006 the Ignalina Programme shall amount to 285 million
euro in commitment appropriations, to be committed in equal annual tranches.
6. The contribution under the Ignalina Programme may, for certain measures,
amount to up to 100 % of the total expenditure. Every effort should be made
to continue the co-financing practice established under the pre-accession
assistance for Lithuania's decommissioning effort as well as to attract co-financing
from other sources, as appropriate.
7. The assistance under the Ignalina Programme, or parts thereof, may be made
available as a Union contribution to the Ignalina International Decommissioning
Support Fund, managed by the European Bank for Reconstruction and Development.
8. Public aid from national, Union and international sources:
(a) for the environmental upgrading in line with the acquis and modernisation
measures of the Lithuanian Thermal Power Plant in Elektrenai as the key replacement
for the production capacity of the two Ignalina nuclear power plant reactors;
and
(b) for the decommissioning of the Ignalina nuclear power plant shall be compatible
with the internal market as defined in the Constitution.
( 1 ) OJ L 375, 23.12.1989, p. 11.
9. Public aid from national, Union and international sources in support of
Lithuania's efforts to address the consequences of the closure and of the
decommissioning of the Ignalina nuclear power plant may, on a case by case
basis, be considered to be compatible Üunder the Constitution Üwith the internal
market, in particular public aid provided for enhancing the security of energy
supply.
Article 54
1. Recognising that the decommissioning of the Ignalina nuclear power plant
is of a long-term nature and represents for Lithuania an exceptional financial
burden not commensurate with its size and economic strength, the Union shall,
in solidarity with Lithuania, provide adequate additional assistance to the
decommissioning effort beyond 2006.
2. The Ignalina Programme shall be, for this purpose, seamlessly continued
and extended beyond 2006. Implementing provisions for the extended Ignalina
Programme shall be adopted in accordance with the procedure laid down in Article
35 of this Protocol and enter into force, at the latest, by the date of expiry
of the Financial Perspective as defined in the Interinstitutional Agreement
of 6 May 1999.
3. The Ignalina Programme, as extended in accordance with the provisions of
paragraph 2, shall be based on the same elements and principles as described
in Article 53. 4. For the period of the subsequent Financial Perspective,
the overall average appropriations under the extended Ignalina Programme shall
be appropriate. Programming of these resources will be based on actual payment
needs and absorption capacity.
Article 55
Without prejudice to the provisions of Article 52, the general safeguard clause
referred to in Article 26 shall apply until 31 December 2012 if energy supply
is disrupted in Lithuania.
Article 56
This Title shall apply in the light of the Declaration on the Ignalina nuclear
power plant in Lithuania which incorporates, without altering its legal effect,
the wording of the preamble to Protocol 4 to the Act of Accession of 16 April
2003.
TITLE V
PROVISIONS ON THE TRANSIT OF PERSONS BY LAND BETWEEN THE REGION OF KALININGRAD
AND OTHER PARTS OF THE RUSSIAN FEDERATION
Article 57
The Union rules and arrangements on transit of persons by land between the
region of Kaliningrad and other parts of the Russian Federation, and in particular
the Council Regulation (EC) No 693/ 2003 of 14 April 2003 establishing a specific
Facilitated Transit Document (FTD), a Facilitated Rail Transit Document (FRTD)
and amending the Common Consular Instructions and the Common Manual
( 1 ),
shall not in themselves delay or prevent the full participation of Lithuania
in the Schengen acquis, including the removal of internal border controls.
Article 58
The Union shall assist Lithuania in implementing the rules and arrangements
for the transit of persons between the region of Kaliningrad and the other
parts of the Russian Federation with a view to Lithuania's full participation
in the Schengen area as soon as possible. The Union shall assist Lithuania
in managing the transit of persons between the region of Kaliningrad and the
other parts of the Russian Federation and shall, notably, bear any additional
costs incurred by implementing the specific provisions of the acquis provided
for such transit.
Article 59
Without prejudice to the sovereign rights of Lithuania, any further act concerning
the transit of persons between the region of Kaliningrad and other parts of
the Russian Federation shall be adopted by the Council on a proposal from
the Commission. The Council shall act unanimously.
Article 60
This Title shall apply in the light of the Declaration on the transit of persons
by land between the region of Kaliningrad and other parts of the Russian Federation,
which incorporates, without altering its legal affect, the wording of the
preamble to Protocol 5 to the Act of Accession of 16 April 2003.
TITLE VI
PROVISIONS ON THE ACQUISITION OF SECONDARY RESIDENCES IN MALTA
Article 61
Bearing in mind the very limited number of residences in Malta and the very
limited land available for construction purposes, which can only cover the
basic needs created by the demographic development of the present residents,
Malta may on a non-discriminatory basis maintain in force the rules on the
acquisition and holding of immovable property for secondary residence purposes
by nationals of the Member States who have not legally resided in Malta for
at least five years laid down in the Immovable Property (Acquisition by Non-Residents)
Act (Chapter 246).
( 1 ) OJ L 99, 17.4.2003, p. 8.
Malta shall apply
authorisation procedures for the acquisition of immovable property for secondary
residence purposes
in Malta, which shall be based on published, objective, stable and transparent
criteria. These criteria shall be applied in a non-discriminatory manner
and
shall not differentiate between nationals of Malta and of other Member States.
Malta shall ensure that in no instance shall a national of a Member State
be treated in a more restrictive way than a national of a third country.
In
the event that the value of one such property bought by a national of a Member
State exceeds the thresholds provided for in Malta's legislation, namely
30
000 Maltese lira for apartments and 50 000 Maltese lira for any type of property
other than apartments and property of historical importance, authorisation
shall be granted. Malta may revise the thresholds established by such legislation
to reflect changes in prices in the property market in Malta.
TITLE VII
PROVISIONS ON ABORTION IN MALTA
Article 62
Nothing in the Treaty establishing a Constitution for Europe or in the Treaties
and Acts modifying or supplementing it shall affect the application in the
territory of Malta of national legislation relating to abortion.
TITLE VIII
PROVISIONS ON THE RESTRUCTURING OF THE POLISH STEEL INDUSTRY
Article 63
1. Notwithstanding Articles III-167 and III-168 of the Constitution, State
aid granted by Poland for restructuring purposes to specified parts of the
Polish steel industry 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 Poland, 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 Polish steel industry
after 1 May 2004.
2. Restructuring of the Polish steel sector, as described in the individual
business plans of the companies listed in Annex 1 to Protocol 8 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').
( 1 ) OJ L 348, 31.12.1993, p. 2.
3. Only benefiting companies shall be eligible for State aid in the framework
of the Polish 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
8 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 8 to the Act of Accession of 16 April
2003 which is declared bankrupt in the period up to 31 December 2006.
5. Any subsequent privatisation of any of the benefiting companies shall take
place on a basis that respects the need for transparency and shall respect
the conditions and principles regarding viability, State aids and capacity
reduction defined in this Title. No further State aid shall be granted as
part of the sale of any company or individual assets.
6. The restructuring aid granted to the benefiting companies shall be determined
by the justifications set out in the approved Polish steel restructuring plan
and individual business plans as approved by the Council. But, in any case,
the aid paid out in the period of 1997-2003 in its total amount shall not
exceed PLN 3 387 070 000. Of this total figure:
(a) as regards Polskie Huty Stali (hereinafter referred to as 'PHS'), the
restructuring aid already granted or to be granted from 1997 until the end
of 2003 shall not exceed PLN 3 140 360 000. PHS has already received PLN 62
360 000 of restructuring aid in the period 1997-2001; it shall receive further
restructuring aid of no more than PLN 3 078 000 000 in 2002 and 2003 depending
on the requirements set out in the approved restructuring plan (to be entirely
paid out in 2002 if the extension of the grace period under Protocol 2 of
the Europe Agreement establishing an association between the European Communities
and their Member States, of the one part, and Poland, of the other part, is
granted by the end of 2002, or otherwise in 2003);
(b) as regards Huta Andrzej S.A., Huta Bankowa Sp. z o.o., Huta Batory S.A.,
Huta Buczek S.A., Huta L.W. Sp. z o.o., Huta Labedy S.A. and Huta
Pokój S.A. (hereinafter referred to as 'other benefiting companies'),
the steel restructuring aid already granted or to be granted from 1997 until
the end of 2003 shall not exceed PLN 246 710 000. These firms have already
received PLN 37 160 000 of restructuring aid in the period 1997-2001; they
shall receive further restructuring aid of no more than PLN 210 210 000 depending
on the requirements set out in the approved restructuring plan (of which
PLN
182 170 000 in 2002 and PLN 27 380 000 in 2003 if the extension of the grace
period under Protocol 2 of the Europe Agreement establishing an association
between the European Communities and their Member States, of the one part,
and Poland, of the other part, is granted by the end of 2002, or otherwise
PLN 210 210 000 in 2003). No further State aid shall be granted by Poland
for restructuring purposes to the Polish steel industry. 7. The net capacity
reduction to be achieved by Poland for finished products during the period
1997-2006 shall be a minimum of 1 231 000 tonnes. This overall amount includes
net capacity reductions of at least 715 000 tpy in hot-rolled products and
716 000 tpy in cold-rolled products, as well as an increase of at most 200
000 tpy of other finished products. 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
net capacity
reductions shown in Annex 2 to Protocol 8 to the Act of Accession of 16 April
2003 are minima and actual net capacity reductions to be achieved and the
time frame for doing so shall be established on the basis of Poland's final
restructuring programme and individual business plans under the Europe Agreement
establishing an association between the European Communities and their Member
States, of the one part, and Poland, of the other part, taking into account
the objective to ensure the viability of benefiting companies as at 31
December
2006. 8. The business plan for the benefiting company PHS shall be implemented.
In particular:
(a) restructuring efforts shall concentrate on the following:
(i) reorganising PHS production facilities on a product basis and ensuring
horizontal organisation by function (purchasing, production, sales),
(ii) establishing in PHS a unified management structure enabling full realisation
of synergies in the consolidation,
(iii) evolving the strategic focus of PHS from being production-oriented to
being marketing-oriented,
(iv) improving the efficiency and effectiveness of PHS business management
and also ensuring better control of direct sales,
(v) PHS reviewing, on the basis of sound economic considerations, the strategy
of spin-off companies and, where appropriate, reintegrating services into
the parent company,
(vi) PHS reviewing its product mix, reducing over-capacity on long semi-finished
products and generally moving further into the higher value-added product
market, (vii) PHS investing in order to achieve a higher quality of finished
products; special attention shall be given to attaining by the date set
in
the timetable for the implementation of the PHS restructuring programme and
at the latest by the end of 2006 3-Sigma production quality level at the
PHS
site in Krakow; (b) cost savings shall be maximised in PHS during the restructuring
period through energy efficiency gains, improved purchasing and ensuring
productivity
yields comparable to Union levels;
(c) employment restructuring shall be implemented; levels of productivity
comparable to those obtained by Union steel industry product groups shall
be reached as at 31 December 2006, based on consolidated figures including
indirect employment in the wholly owned service companies;
(d) any privatisation shall be on a basis that respects the need for transparency
and fully respects the commercial value of PHS. No further State aid shall
be granted as part of the sale.
9. The business plan for the other benefiting companies shall be implemented.
In particular:
(a) for all of the other benefiting companies, restructuring efforts shall
concentrate on the following:
(i) evolving the strategic focus from being production-oriented to being marketing-oriented,
(ii) improving the efficiency and effectiveness of the companies' business
management and also ensuring better control of direct sales,
(iii) reviewing, on the basis of sound economic considerations, the strategy
of spin-off companies and, where appropriate, reintegrating services into
the parent companies;
(b) for Huta Bankowa implementing the cost savings programme;
(c) for Huta Buczek, obtaining the necessary financial support from creditors
and local financial institutions and implementing the cost savings programme,
including reducing the investment cost by adapting existing production facilities;
(d) for Huta Labedy, implementing the cost savings programme and reducing
reliance on the mining industry; (e) for Huta Pokój, achieving international
productivity standards in the subsidiaries, implementing energy consumption
savings and cancelling the proposed investment in the processing and construction
department;
(f) for Huta Batory, reaching agreement with creditors and financial institutions
on debt rescheduling and investment loans. The company shall also ensure substantial
additional cost savings associated with employment restructuring and improved
yields;
(g) for Huta Andrzej, securing a stable financial base for its development
by negotiating an agreement between the company's current lenders, long-term
creditors, trade creditors and financial institutions. Additional investments
in the hot tube mill as well as the implementation of the staff reduction
programme must take place;
(h) for Huta L.W., carrying out investments in relation to the company's hot-rolling
mills project, lifting equipment, and environmental standing. This company
shall also achieve higher productivity levels, through staff restructuring
and reducing the costs of external services.
10. Any subsequent changes in the overall restructuring plan and the individual
plans must be agreed by the Commission and, where appropriate, by the Council.
11. The implementation of the restructuring shall take place under conditions
of full transparency and on the basis of sound market economy principles.
12. 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 13 to 18. For this purpose the Commission shall report to the Council.
13. In addition to the monitoring of State aid, the Commission and the Council
shall monitor the restructuring benchmarks set out in Annex 3 to Protocol
8 to the Act of Accession of 16 April 2003. References made in that Annex
to paragraph 14 of the Protocol shall be construed as being made to paragraph
14 of this Article. 14. Monitoring shall include an independent evaluation
to be carried out in 2003, 2004, 2005 and 2006. The Commission's viability
test shall be applied and productivity shall be measured as part of the evaluation.
15. Poland shall cooperate fully with all the arrangements for monitoring.
In particular:
(a) Poland 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, the State aid 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 8 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 Annex 4 to Protocol 8 to the Act of Accession of
16 April 2003, the reference to paragraph 14 of the Protocol shall be construed
as being to paragraph 14 of this Article. In addition to the individual business
reports of the benefiting companies there shall also be a report on the overall
situation of the Polish steel sector, including recent macroeconomic developments;
(d) all additional information necessary for the independent evaluation provided
for in paragraph 14 must, furthermore, be provided by Poland;
(e) Poland 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.
16. 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.
17. If the Commission establishes, on the basis of the monitoring, that substantial
deviations from the financial data on which the viability assessment has been
made have occurred, it may require Poland to take appropriate measures to
reinforce or modify the restructuring measures of the benefiting companies
concerned. 18. 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 Poland may exceptionally grant State support for the restructuring of
its steel industry under the Europe Agreement establishing an association
between the European Communities and th
eir Member States, of the one part, and Poland, of the other part, have not
been fulfilled, or that (c) Poland 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.
TITLE IX
PROVISIONS ON UNIT 1 AND UNIT 2 OF THE BOHUNICE V1 NUCLEAR POWER PLANT IN
SLOVAKIA
Article 64
Slovakia has undertaken to close Unit 1 of the Bohunice V1 nuclear power plant
by 31 December 2006 at the latest and Unit 2 of this plant by 31 December
2008 at the latest and subsequently decommission these units.
Article 65
1. During the period 2004-2006, the Union shall provide Slovakia with financial
assistance in support of its efforts to decommission, and to address the consequences
of the closure and decommissioning of, Unit 1 and Unit 2 of the Bohunice V1
nuclear power plant (hereinafter referred to as 'the Assistance').
2. The Assistance shall be decided and implemented in accordance with the
provisions laid down in Council Regulation (EEC) No 3906/89 of 18 December
1989 on economic aid to certain countries of Central and Eastern Europe
( 1 ).
3. For the period 2004-2006 the Assistance shall amount to 90 million euro
in commitment appropriations, to be committed in equal annual tranches. 4.
The Assistance or parts thereof may be made available as a Union contribution
to the Bohunice International Decommissioning Support Fund, managed by the
European Bank for Reconstruction and Development.
Article 66
The Union acknowledges that the decommissioning of the Bohunice V1 Nuclear
Power plant must continue beyond the Financial Perspective as defined in the
Interinstitutional Agreement of 6 May 1999, and that this effort represents
for Slovakia a significant financial burden. Decisions on the continuation
of Union assistance in this field after 2006 will take the situation into
account.
Article 67
The provisions of this Title shall apply in the light of the Declaration on
Unit 1 and Unit 2 of the Bohunice V1 nuclear power plant in Slovakia which
incorporates, without altering its legal effect, the wording of the preamble
to Protocol 9 to the Act of Accession of 16 April 2003.
( 1 )OJ L 375, 23.12.1989, p. 11.
TITLE X
PROVISIONS ON CYPRUS
Article 68
1. The application of the Community and Union acquis shall be suspended in
those areas of the Republic of Cyprus in which the Government of the Republic
of Cyprus does not exercise effective control.
2. The Council, on the basis of a proposal from the Commission, shall decide
on the withdrawal of the suspension referred to in paragraph 1. It shall act
unanimously.
Article 69
1. The Council, on the basis of a proposal from the Commission, shall define
the terms under which the provisions of Union law shall apply to the line
between those areas referred to in Article 68 and the areas in which the Government
of the Republic of Cyprus exercises effective control. The Council shall act
unanimously.
2. The boundary between the Eastern Sovereign Base Area and those areas referred
to in Article 68 shall be treated as part of the external borders of the Sovereign
Base Areas for the purpose of Part Four of the Annex to Protocol 3 to the
Act of Accession of 16 April 2003 on the Sovereign Base Areas of the United
Kingdom of Great Britain and Northern Ireland in Cyprus for the duration of
the suspension of the application of the Community and Union acquis according
to Article 68.
Article 70
1. Nothing in this Title shall preclude measures with a view to promoting
the economic development of the areas referred to in Article 68.
2. Such measures shall not affect the application of the Community and Union
acquis under the conditions set out in this Protocol in any other part of
the Republic of Cyprus.
Article 71
In the event of settlement of the Cyprus problem, the Council, on the basis
of a proposal from the Commission, shall decide on the adaptations to the
terms concerning the accession of Cyprus to the Union with regard to the Turkish
Cypriot Community. The Council shall act unanimously.
Article 72
This Title shall apply in the light of the declaration on Cyprus which incorporates,
without altering its legal effect, the wording of the preamble to Protocol
10 to the Act of Accession of 16 April 2003.
PART THREE
PROVISIONS ON THE ANNEXES TO THE ACT OF ACCESSION OF 16 APRIL 2003
Article 73
Annex I and Annexes III to XVII to the Act of Accession of 16 April 2003,
their appendices, and the Annexes to Protocols 2, 3 and 8 to the Act of Accession
of 16 April 2003
( 1 ) form an integral part of this Protocol.
Article 74
1. The references made to the 'Treaty of Accession'in the Annexes referred
to in Article 73 of this Protocol shall be construed as being made to the
Treaty referred to in Article IV-437(2)(e) of the Constitution, those made
to the date or time of signing of that Treaty shall be construed as being
made to 16 April 2003 and those made to the date of accession shall be construed
as being made to 1 May 2004.
2. Without prejudice to the second subparagraph, the references made to 'this
Act'in the Annexes referred to in Article 73 of this Protocol shall be construed
as being made to the Act of Accession of 16 April 2003.
The references made to the provisions of the Act of Accession of 16 April
2003 in the Annexes referred to in Article 73 of this Protocol shall be construed
as being made to this Protocol, in accordance with the following table of
equivalence.
| Act of Accession of 16 April 2003 |
Protocol |
| Article 21 |
Article 12 |
| Article 22 |
Article 13 |
| Article 24 |
Article 15 |
| Article 32 |
Article 21 |
| Article 37 |
Article 26 |
| Article 52 |
Article 32 |
3. The expressions, which appear in the Annexes referred to in Article 73,
shall be construed as having the meaning assigned to them in the following
table of equivalence, unless they refer exclusively to legal situations preceding
the entry into force of the Treaty establishing a Constitution for Europe.
( 1 ) OJ L 236, 23.9.2003, p. 33.
| Expressions used in the Annexes |
Meaning |
| Treaty establishing the European Community |
Constitution |
| Treaty on European Union |
Constitution |
| Treaties on which the European Union is founded |
Constitution |
| (European) Community |
Union |
| Enlarged Community |
Union |
| Community |
Union |
| EU |
Union |
| Enlarged Union or enlarged EU |
Union |
| |
|
By way of derogation from the first subparagraph, the meaning of the expression
'Community'where it is used to qualify the terms 'preference'and 'fisheries'shall
remain unchanged.
4. The references made to parts or to provisions of the Treaty establishing
the European Community in the Annexes referred to in Article 73 of this Protocol
shall be construed as being made to parts or to provisions of the Constitution,
in accordance with the following table of equivalence.
| EC Treaty |
Constitution |
| Part Three, Title I |
Part III, Title III, Chapter I, Section 3 |
| Part Three, Title I, Chapter 1 |
Part III, Title III, Chapter I, Section 3 Subsection 1 |
| Part Three, Title II |
Part III, Title III, Chapter III, Section 4 |
| Part Three, Title III |
Part III, Title III, Chapter I, Sections 2 and 4 |
| Part Three, Title VI, Chapter 1 |
Part III, Title III, Chapter I, Section 5 |
| Article 31 |
Article III-155 |
| Article 39 |
Article III-133 |
| Article 49 |
Article III-144 Article III-158 |
| Article 58 |
Article III-167 |
| Article 87 |
Article III-168 Article 226 |
| Article 88 |
Article III-360 |
| Annex I |
Annex I |
| |
|
5. Where the Annexes referred to in Article 73 of this Protocol provide that
the Council or the Commission shall adopt legal acts, those acts shall take
the form of European regulations or decisions.
