# EUR-Lex - 12003TN02/12/A - EN

Important legal notice

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# 12003TN02/12/A

**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 - Annex II: List referred to in Article 20 of the Act of Accession - 12. Energy - A. General **

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Official Journal L 236 , 23/09/2003 P. 0586 - 0589 *

A. GENERAL

1. 31958 Q 1101: EAEC Council: The Statutes of the Euratom Supply Agency (OJ 27, 6.12.1958, p. 534), as amended by:

- 31973 D 0045: Council Decision 73/45/Euratom of 8.3.1973 amending the Statutes of the Euratom Supply Agency following the Accession of new Member States to the Community (OJ L 83, 30.3.1973, p. 20),

- 11979 H: Act concerning the conditions of accession and the adjustments to the Treaties - Accession of the Hellenic Republic (OJ L 291, 19.11.1979, p. 17),

- 11985 I: Act concerning the conditions of accession and the adjustments to the Treaties - Accession of the Kingdom of Spain and the Portuguese Republic (OJ L 302, 15.11.1985, p. 23),

- 11994 N: Act concerning the conditions of accession and the adjustments to the Treaties - Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21),

- 31995 D 0001: Decision 95/1/EC, Euratom, ECSC of the Council of the European Union of 1.1.1995 adjusting the instruments concerning the accession of new Member States to the European Union (OJ L 1, 1.1.1995, p. 1).

(a) Article V(1) and (2) are replaced by the following:

"(1) The capital of the Agency shall be EUR 5440000.

(2) The capital shall be subscribed as follows:

Belgium | EUR 192000 |

Czech Republic | EUR 192000 |

Denmark | EUR 96000 |

Germany | EUR 672000 |

Estonia | EUR 32000 |

Greece | EUR 192000 |

Spain | EUR 416000 |

France | EUR 672000 |

Ireland | EUR 32000 |

Italy | EUR 672000 |

Cyprus | EUR 32000 |

Latvia | EUR 32000 |

Lithuania | EUR 32000 |

Luxembourg | — |

Hungary | EUR 192000 |

Malta | — |

Netherlands | EUR 192000 |

Austria | EUR 96000 |

Poland | EUR 416000 |

Portugal | EUR 192000 |

Slovenia | EUR 32000 |

Slovakia | EUR 96000 |

Finland | EUR 96000 |

Sweden | EUR 192000 |

United Kingdom | EUR 672000" |

(b) Article V(5), (6) and (7) are replaced by the following:

"5. All payments shall be made in euro."

.

(c) Article X(1) and (2) are replaced by the following:

"1. An Advisory Committee to the Agency shall be set up comprising sixty-nine members.

2. Seats shall be allotted to nationals of the Member States as follows:

Belgium | 3 members |

Czech Republic | 3 members |

Denmark | 2 members |

Germany | 6 members |

Estonia | 1 member |

Greece | 3 members |

Spain | 5 members |

France | 6 members |

Ireland | 1 member |

Italy | 6 members |

Cyprus | 1 member |

Latvia | 1 member |

Lithuania | 1 member |

Luxembourg | — |

Hungary | 3 members |

Malta | — |

Netherlands | 3 members |

Austria | 2 members |

Poland | 5 members |

Portugal | 3 members |

Slovenia | 1 member |

Slovakia | 2 members |

Finland | 2 members |

Sweden | 3 members |

United Kingdom | 6 members" |

2. 31977 D 0270: Council Decision 77/270/Euratom of 29 March 1977 empowering the Commission to issue Euratom loans for the purpose of contributing to the financing of nuclear power stations (OJ L 88, 6.4.1977, p. 9), as amended by:

- 31994 D 0179: Council Decision 94/179/Euratom of 21.3.1994 (OJ L 84, 29.3.1994, p. 41).

The following are deleted from the Annex:

"— Republic of Hungary"

"— Republic of Lithuania"

"— Republic of Slovenia"

"— Czech Republic"

"— Slovak Republic"

3. 31990 L 0377: Council Directive 90/377/EEC of 29 June 1990 concerning a Community procedure to improve the transparency of gas and electricity prices charged to industrial end-users (OJ L 185, 17.7.1990, p. 16), as amended by:

- 31993 L 0087: Commission Directive 93/87/EEC of 22.10.1993 (OJ L 277, 10.11.1993, p. 32),

- 11994 N: Act concerning the conditions of accession and the adjustments to the Treaties - Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21).

(a) The following are inserted in Annex I, paragraph 11:

"— The Czech Republic Prague"

"— Estonia Tallinn"

"— Cyprus Nicosia"

"— Latvia Riga"

"— Lithuania Vilnius"

"— Hungary Budapest"

"— Malta Valletta"

"— Poland Warsaw"

"— Slovenia Ljubljana"

"— Slovakia Bratislava"

;

(b) The following are inserted in Annex II, point I.(2):

"— The Czech Republic the country as a whole"

"— Estonia the country as a whole"

"— Cyprus Nicosia"

"— Latvia the country as a whole"

"— Lithuania Eastern area, Western area"

"— Hungary the country as a whole"

"— Malta the country as a whole"

"— Poland the country as a whole"

"— Slovenia the country as a whole"

"— Slovakia the country as a whole"

.

4. 31990 L 0547: Council Directive 90/547/EEC of 29 October 1990 on the transit of electricity through transmission grids (OJ L 313, 13.11.1990, p. 30), as amended by:

- 11994 N: Act concerning the conditions of accession and the adjustments to the Treaties - Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21),

- 31994 D 0559: Commission Decision 94/559/EC of 26.7.1994 (OJ L 214, 19.8.1994, p. 14),

- 31995 D 0162: Commission Decision 95/162/EC of 20.4.1995 (OJ L 107, 12.5.1995, p. 53),

- 31998 L 0075: Commission Directive 98/75/EC of 1.10.1998 (OJ L 276, 13.10.1998, p. 9).

The following are inserted in the Annex:

"Czech Republic | ČEPS, a. s." |

"Estonia | AS Eesti Energia" |

"Cyprus | —" |

"Latvia | Latvenergo" |

"Lithuania | AB "Lietuvos energija"" |

"Hungary | Magyar Villamos Művek Részvénytársaság (MVM Rt.)" |

"Malta | Korporazzjoni Enemalta" |

"Poland | Polskie Sieci Elektroenergetyczne SA" |

"Slovenia | ELES" |

"Slovakia | Slovenská elektrizačná prenosová sústava, a.s." |

5. 31991 L 0296: Council Directive 91/296/EEC of 31 May 1991 on the transit of natural gas through grids (OJ L 147, 12.6.1991, p. 37), as amended by:

- 11994 N: Act concerning the conditions of accession and the adjustments to the Treaties - Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21),

- 31994 L 0049: Commission Directive 94/49/EEC of 11.11.1994 (OJ L 295, 16.11.1994, p. 16),

- 31995 L 0049: Commission Directive 95/49/EC of 26.9.1995 (OJ L 233, 30.9.1995, p. 86).

The following are inserted in the Annex:

"Czech Republic | Transgas, a. s." |

"Estonia | AS Eesti Gaas" |

"Cyprus | —" |

"Latvia | Latvijas Gāze" |

"Lithuania | AB "Lietuvos dujos"" |

"Hungary | Magyar Olaj- és Gázipari Részvénytársaság (MOL Rt.)" |

"Malta | —" |

"Poland | Polskie Górnictwo Naftowe i Gazownictwo S.A. EuRoPol Gaz S.A." |

"Slovenia | Geoplin" |

"Slovakia | Slovenský plynárenský priemysel, a. s. (SPP) Pozagas, a. s. Malacky" |

6. 31992 D 0167: Commission Decision 92/167/EEC of 4 March 1992 setting up a Committee of Experts on the Transit of Electricity between Grids (OJ L 74, 20.3.1992, p. 43), as amended by:

- 11994 N: Act concerning the conditions of accession and the adjustments to the Treaties - Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21),

- 31997 D 0559: Commission Decision 97/559/EC of 24.7.1997 (OJ L 230, 21.8.1997, p. 18).

Article 4 is replaced by the following:

"Article 4

Composition

1. The Committee shall comprise 30 members, namely:

- 25 representatives of the high-voltage grids operating in the Community (one representative per Member State),

- three independent experts whose professional experience and competence in the field of electricity transit in the Community are widely recognised,

- one representative of Eurelectric,

- one Commission representative.

2. The members of the Committee shall be appointed by the Commission. The 25 representatives of the grids and the Eurelectric representative shall be appointed after consultation of the circles concerned from a list containing at least two proposals for each post."

.

7. 31995 D 0539: Commission Decision 95/539/EC of 8 December 1995 setting up a committee of experts on the transit of natural gas through grids (OJ L 304, 16.12.1995, p. 57), as amended by:

- 31998 D 0285: Commission Decision 98/285/EC of 23.4.1998 (OJ L 128, 30.4.1998, p. 70).

Article 4 is replaced by the following:

"Article 4

Composition

1. The Committee shall comprise up to 30 members, namely:

- up to 25 representatives of the high-pressure natural gas transmission grids operating in the Community (one representative per Member State concerned),

- three independent experts whose professional experience and competence in the field of natural gas transit in the Community are widely recognised,

- one representative of Eurogas,

- one Commission representative.

2. The members of the Committee shall be appointed by the Commission. The representatives of the transmission grids and the representative of Eurogas being appointed after consultation of the circle concerned from a list containing at least two proposals for each post."

.

8. 32001 L 0077: Directive 2001/77/EC of the European Parliament and of the Council of 27 September 2001 on the promotion of electricity produced from renewable energy sources in the internal electricity market (OJ L 283, 27.10.2001, p. 33).

(a) In the Annex the following is inserted between the entries for Belgium and Denmark:

"Czech Republic | 2,36 | 3,8 | 8 (*)" |

and, between the entries for Germany and Greece:

"Estonia | 0,02 | 0,2 | 5,1" |

and, between the entries for Italy and Luxembourg:

"Cyprus | 0,002 | 0,05 | 6 |

Latvia | 2,76 | 42,4 | 49,3 |

Lithuania | 0,33 | 3,3 | 7" |

and, between the entries for Luxembourg and the Netherlands:

"Hungary | 0,22 | 0,7 | 3,6 |

Malta | 0 | 0 | 5" |

and, between the entries for Austria and Portugal:

"Poland | 2,35 | 1,6 | 7,5" |

and, between the entries for Portugal and Finland:

"Slovenia | 3,66 | 29,9 | 33,6 |

Slovakia | 5,09 | 17,9 | 31" |

(b) In the Annex, the entry for the Community is replaced by the following:

"Community | 355,2 | 12,9 | 21" |

(c) In the Annex, footnotes (**) and (***) are replaced by the following:

"(**) Data refer to the national production of RES-E in 1997, except for the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia where data refer to 1999.

(***) The percentage contributions of RES-E in 1997 (in 1999-2000 for the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia) and 2010 are based on the national production of RES-E divided by the gross national electricity consumption. For the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, gross national electricity consumption is based on 2000 data. In the case of internal trade of RES-E (with recognised certification or origin registered) the calculation of these percentages will influence 2010 figures by Member State but not the Community total."

.

(d) In the Annex, the following footnote concerning the entry for the Czech Republic is added:

"(*) When taking into account the indicative reference values set out in the Annex, the Czech Republic notes that the possibility of reaching this indicative target is highly dependent upon climatic factors heavily affecting the level of hydropower production and utilisation of solar and wind energy.

The National Programme for Economical Energy Management and Use of Renewable Energy Sources was approved by the Government in October 2001 and indicates a target of the electricity share from RES in gross electricity consumption of 3,0 % (excluding big water power stations above 10 MW) and 5,1 % (including big water power stations above 10 MW) by 2005.

In the absence of natural resources, the additional substantial output extension of large as well as small water power stations is ruled out."

9. 42002 D 0234: 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 (OJ L 79, 22.3.2002, p. 42).

IIn Appendix A to the Schedule to Annex III, point 1, the following is added after "(f) Coke and semi-coke derived from lignite":

"(g) Oil shale."

10. 32002 R 1407: Council Regulation (EC) No 1407/2002 of 23 July 2002 on State aid to the coal industry (OJ L 205, 2.8.2002, p. 1).

(a) In Article 6(2), the following subparagraph is added:

"By way of derogation from the preceding subparagraph, for the Member States acceding to the Union on 1 May 2004, the overall amount of aid to the coal industry granted in accordance with Articles 4 and 5 shall not exceed, for any year after 2004, the amount of aid authorised by the Commission in accordance with Article 10 for the year 2004."

(b) In Article 9, the following paragraph is added after paragraph 6:

"6a. The Member States acceding to the Union on 1 May 2004 shall submit the plans referred to in Article 9(4), (5), and (6) as soon as possible after accession and in any event no later than 31 August 2004."

(c) In Article 9(8), the following sentence is added:

"The Member States acceding to the Union on 1 May 2004, may make this notification after accession and in any event no later than 31 August 2004."

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