1972B0000 — EN — 01.01.1973 — 000.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
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concerning the Conditions of Accession and the Adjustments to the Treaties
(OJ L 73, 27.3.1972, p. 14)
Amended by:
Official Journal
No page date
►M1Council Decision of the European Communities of 1 January 1973 L 2 1 1.1.1973
Corrected by:
►C1Corrigendum, OJ L 95, 11.4.1973, p. 24 (73/101/EEC)
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
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ACT
concerning the Conditions of Accession and the Adjustments to the
Treaties
PART ONE
PRINCIPLES
Article 1
For the purposes of this Act:
— the expression ‘original Treaties’ means the Treaty establishing the
European Coal and Steel Community, the Treaty establishing the
European Economic Community and the Treaty establishing theEuropean Atomic Energy Community, as supplemented or amendedby treaties or other acts which entered into force before accession;the expressions ‘ECSC Treaty’, ‘EEC Treaty’ and ‘Euratom Treaty’mean the relevant original Treaties thus supplemented or amended;
— the expression ‘original Member States’ means the Kingdom of
Belgium, the Federal Republic of Germany, the French Republic,
the Italian Republic, the Grand Duchy of Luxembourg and the
Kingdom of the Netherlands;
— the expression ‘new Member States’ means the Kingdom of
Denmark, Ireland and the United Kingdom of Great Britain andNorthern Ireland.
Article 2
From the date of accession, the provisions of the original Treaties and
the acts adopted by the institutions of the Communities shall bebinding on the new Member States and shall apply in those Statesunder the conditions laid down in those Treaties and in this Act.
Article 3
1. The new Member States accede by this Act to the decisions and
agreements adopted by the Representatives of the Governments of theMember States meeting in Council. They undertake to accede from thedate of accession to all other agreements concluded by the original
Member States relating to the functioning of the Communities or
connected withth eir activities.
2. The new Member States undertake to accede to the conventions
provided for in Article 220 of the EEC Treaty, and to the protocolson the interpretation of those conventions by the Court of Justice,signed by the original Member States, and to this end they undertake
to enter into negotiations withth e original Member States in order to
make the necessary adjustments thereto.
3. The new Member States are in the same situation as the original
Member States in respect of declarations or resolutions of, or otherpositions taken up by, the Council and in respect of those concerningthe European Communities adopted by common agreement of theMember States; they will accordingly observe the principles and guide-
lines deriving from those declarations, resolutions or other positions
and will take suchmeasures as may be necessary to ensure th eir imple-mentation.
Article 4
1. The agreements or conventions entered into by any of the
Communities withone or more th ird States, withan international orga-nization or with a national of a third State, shall, under the conditionslaid down in the original Treaties and in this Act, be binding on thenew Member States.1972B0000 — EN — 01.01.1973 — 000.001 — 2
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2. The new Member States undertake to accede, under the condi-
tions laid down in this Act, to agreements or conventions concludedby the original Member States and any of the Communities, acting
jointly, and to agreements concluded by the original Member States
which are related to those agreements or conventions. The Communityand the original Member States shall assist the new Member States inthis respect.
3. The new Member States accede by this Act and under the condi-
tions laid down therein to the internal agreements concluded by theoriginal Member States for the purpose of implementing the agree-ments or conventions referred to in paragraph2.
4. The new Member States shall take appropriate measures, where
necessary, to adjust their positions in relation to international organiza-tions and international agreements to which one of the Communities orto which other Member States are also parties, to the rights and obliga-
tions arising from their accession to the Communities.
Article 5
Article 234 of the EEC Treaty and Articles 105 and 106 of the
Euratom Treaty shall apply, for the new Member States, to agreementsor conventions concluded before accession.
Article 6
The provisions of this Act may not, unless otherwise provided herein,
be suspended, amended or repealed other than by means of the proce-dure laid down in the original Treaties enabling those Treaties to be
revised.
Article 7
Acts adopted by the institutions of the Communities to which the tran-
sitional provisions laid down in this Act relate shall retain their statusin law; in particular, the procedures for amending those acts shallcontinue to apply.
Article 8
Provisions of this Act the purpose or effect of which is to repeal or
amend acts adopted by the institutions of the Communities, otherwise
than as a transitional measure, shall have the same status in law as
the provisions which they repeal or amend and shall be subject to thesame rules as those provisions.
Article 9
1. In order to facilitate the adjustment of the new Member States to
the rules in force within the Communities, the application of theoriginal Treaties and acts adopted by the institutions shall, as a transi-tional measure, be subject to the derogations provided for in this Act.
2. Subject to the dates, time limits and special provisions provided
for in this Act, the application of the transitional measures shall termi-nate at the end of 1977.1972B0000 — EN — 01.01.1973 — 000.001 — 3
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PART TWO
ADJUSTMENTS TO THE TREATIES
TITLE I
PROVISIONS GOVERNING THE INSTITUTIONS
CHAPTER 1
The Assembly
Article 10
The following shall be substituted for Article 21 (2) of the ECSC
Treaty, Article 138 (2) of the EEC Treaty and Article 108 (2) of theEuratom Treaty:
‘The number of these delegates shall be as follows:
Belgium . .. . .. .. . .. . .. . .. .. . .. . .. . .. . .. .. . .. . .. . .. 14
D e n m a r k ......................................... 1 0
G e r m a n y ......................................... 3 6
France . . .. . .. .. . .. . .. . .. .. . .. . .. . .. . .. .. . .. . .. . .. 36
Ireland . . .. . .. .. . .. . .. . .. .. . .. . .. . .. . .. .. . .. . .. . .. 10Italy . .. . .. . .. .. . .. . .. . .. .. . .. . .. . .. . .. .. . .. . .. . .. 36
Luxembourg .. .. . .. . .. . .. .. . .. . .. . .. . .. .. . .. . .. . .. 6
Netherlands . .. .. . .. . .. . .. .. . .. . .. . .. . .. .. . .. . .. . .. 14
United Kingdom . . .. . .. . .. .. . .. . .. . .. . .. .. . .. . .. . .. 36’
CHAPTER 2
The Council
Article 11
The following shall be substituted for the second paragraph of Article 2
of the Treaty establishing a Single Council and a Single Commission ofthe European Communities:
‘The office of President shall be held for a term of six months by
each member of the Council in turn, in the following order ofMember States: Belgium, Denmark, Germany, France, Ireland,Italy, Luxembourg, Netherlands, United Kingdom.’
Article 12
The following shall be substituted for Article 28 of the ECSC Treaty:
‘Article 28
When the Council is consulted by the High Authority, it shall
consider the matter without necessarily taking a vote. The minutesof its proceedings shall be forwarded to the High Authority.
Wherever this Treaty requires that the assent of the Council be
given, that assent shall be considered to have been given if theproposal submitted by the High Authority receives the approval:
— of an absolute majority of the representatives of the Member
States, including the votes of the representatives of two Member
States which each produce at least one eighth of the total value
of the coal and steel output of the Community; or
— in the event of an equal division of votes and if the High
Authority maintains its proposal after a second discussion, ofthe representatives of three Member States which each produce1972B0000 — EN — 01.01.1973 — 000.001 — 4
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at least one eighth of the total value of the coal and steel output
of the Community.
Wherever this Treaty requires a unanimous decision or unanimous
assent, such decision or assent shall have been duly given if all the
members of the Council vote in favour. However, for the purposes
of applying Article 21, 32, 32a, 78d, and 78f of this Treaty, andArticle 16, the third paragraph of Article 20, the fifth paragraph ofArticle 28 and Article 44 of the Protocol on the Statute of the Courtof Justice, abstention by members present in person or representedshall not prevent the adoption by the Council of acts which require
unanimity.
Decisions of the Council, other than those for which a qualified
majority or unanimity is required, shall be taken by a vote of the
majority of its members; this majority shall be considered to beattained if it represents an absolute majority of the representativesof the Member States, including the votes of the representatives oftwo Member States which each produce at least one eighth of the
total value of the coal and steel output of the Community.
However, for the purpose of applying those provisions of Articles78, 78b and 78d of this Treaty which require a qualified majority,the votes of the members of the Council shall be weighted asfollows: Belgium 5, Denmark 3, Germany 10, France 10, Ireland3, Italy 10, Luxembourg 2, Netherlands 5, United Kingdom 10.
For their adoption, acts shall require at least forty-one votes in
favour, cast by not less than six members.
Where a vote is taken, any member of the Council may act on
behalf of not more than one other member.
The Council shall deal with the Member States through its Presi-
dent.
The acts of the Council shall be published in such a manner as it
may decide.’
Article 13
The following shall be substituted for the fourth paragraph of Article
95 of the ECSC Treaty:
‘These amendments shall be proposed jointly by the High Authority
and the Council, acting by an eight-ninths majority of its members,and shall be submitted to the Court for its opinion. In consideringthem, the Court shall have full power to assess all points of factand of law. If as a result of suchconsideration it finds th e proposalscompatible with the provisions of the preceding paragraph, they
shall be forwarded to the Assembly and shall enter into force if
approved by a majority of three quarters of the votes cast and twothirds of the members of the Assembly.’
Article 14
The following shall be substituted for Article 148 (2) of the EEC
Treaty and Article 118 (2) of the Euratom Treaty:
‘Where the Council is required to act by a qualified majority, the
votes of its members shall be weighted as follows:
Belgium . .. . .. .. . .. . .. . .. .. . .. . .. . .. . .. .. . .. . .. . .. 5
D e n m a r k ......................................... 3G e r m a n y ......................................... 1 0
France . . .. . .. .. . .. . .. . .. .. . .. . .. . .. . .. .. . .. . .. . .. 10
Ireland . . .. . .. .. . .. . .. . .. .. . .. . .. . .. . .. .. . .. . .. . .. 3
Italy . .. . .. . .. .. . .. . .. . .. .. . .. . .. . .. . .. .. . .. . .. . .. 10
Luxembourg .. .. . .. . .. . .. .. . .. . .. . .. . .. .. . .. . .. . .. 2
Netherlands . .. .. . .. . .. . .. .. . .. . .. . .. . .. .. . .. . .. . .. 5
United Kingdom . . .. . .. . .. .. . .. . .. . .. . .. .. . .. . .. . .. 101972B0000 — EN — 01.01.1973 — 000.001 — 5
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For their adoption, acts of the Council shall require at least:
— forty-one votes in favour where this Treaty requires them to be
adopted on a proposal from the Commission,
— forty-one votes in favour, cast by at least six members, in other
cases.’
CHAPTER 3
The Commission
Article 15
The following shall be substituted for the first subparagraph of Article
10(1) of the Treaty establishing a Single Council and a Single Commis-
sion of the European Communities:
‘The Commission shall consist of fourteen members, who shall be
chosen on the grounds of their general competence and whose inde-
pendence is beyond doubt.’
Article 16
The following shall be substituted for the first paragraph of Article 14
of the Treaty establishing a Single Council and a Single Commission ofthe European Communities:‘The President and the five Vice-Presidents
of the Commission shall be appointed from among its members for a
term of two years in accordance with the same procedure as that laiddown for the appointment of members of the Commission. Theirappointments may be renewed.’
CHAPTER 4
The Court of Justice
Article 17
The following shall be substituted for the first paragraph of Article 32
of the ECSC Treaty, the first paragraph of Article 165 of the EECTreaty and the first paragraph of Article 137 of the Euratom Treaty:
‘The Court of Justice shall consist of nine Judges.’
Article 18
The following shall be substituted for the first paragraph of Article 32a
of the ECSC Treaty, the first paragraph of Article 166 of the EECTreaty and the first paragraph of Article 138 of the Euratom Treaty:
‘The Court of Justice shall be assisted by three Advocates-General.’
Article 19
The following shall be substituted for the second and third paragraphs
of Article 32b of the ECSC Treaty, the second and third paragraphs ofArticle 167 of the EEC Treaty and the second and third paragraphs of
Article 139 of the Euratom Treaty:
‘Every three years there shall be a partial replacement of the
Judges. Five and four Judges shall be replaced alternately.
Every three years there shall be a partial replacement of the Advo-
cates-General. One and two Advocates-General shall be replacedalternately.’1972B0000 — EN — 01.01.1973 — 000.001 — 6
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Article 20
The following shall be substituted for the second paragraph of Article
18 of the Protocol on the Statute of the Court of Justice of theEuropean Coal and Steel Community, Article 15 of the Protocol on
the Statute of the Court of Justice of the European Economic Commu-
nity and Article 15 of the Protocol on the Statute of the Court ofJustice of the European Atomic Energy Community:
‘Decisions of the Court shall be valid only when an uneven number
of its members is sitting in the deliberations. Decisions of the fullCourt shall be valid if seven members are sitting. Decisions of the
Chambers shall be valid only if three Judges are sitting; in the
event of one of the Judges of a Chamber being prevented fromattending, a Judge of another Chamber may be called upon to sitin accordance withconditions laid down in th e rules of procedure.’
CHAPTER 5
The Economic and Social Committee
Article 21
The following shall be substituted for the first paragraph of Article 194
of the EEC Treaty and the first paragraph of Article 166 of the
Euratom Treaty:
‘The number of members of the Committee shall be as follows:Belgium . .. . .. .. . .. . .. . .. .. . .. . .. . .. . .. .. . .. . .. . .. 12
D e n m a r k ......................................... 9G e r m a n y ......................................... 2 4
France . . .. . .. .. . .. . .. . .. .. . .. . .. . .. . .. .. . .. . .. . .. 24
Ireland . . .. . .. .. . .. . .. . .. .. . .. . .. . .. . .. .. . .. . .. . .. 9
Italy . .. . .. . .. .. . .. . .. . .. .. . .. . .. . .. . .. .. . .. . .. . .. 24
Luxembourg .. .. . .. . .. . .. .. . .. . .. . .. . .. .. . .. . .. . .. 6Netherlands . .. .. . .. . .. . .. .. . .. . .. . .. . .. .. . .. . .. . .. 12
United Kingdom . . .. . .. . .. .. . .. . .. . .. . .. .. . .. . .. . .. 24’
CHAPTER 6
The ECSC Consultative Committee
Article 22
The following shall be substituted for the first paragraph of Article 18
of the ECSC Treaty:
‘A Consultative Committee shall be attached to the High Authority.
It shall consist of not less than sixty and not more than eighty-four
members and shall comprise equal numbers of producers, ofworkers and of consumers and dealers.’
CHAPTER 7
The Scientific and Technical Committee
Article 23
The following shall be substituted for the first subparagraph of Article
134 (2) of the Euratom Treaty:
‘The Committee shall consist of twenty-seven members, appointed
by the Council after consultation with the Commission.’1972B0000 — EN — 01.01.1973 — 000.001 — 7
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TITLE II
OTHER ADJUSTMENTS
Article 24
1. The United Kingdom shall be added to the Member States speci-
fied in the first sentence of Article 131 of the EEC Treaty
2. The following countries and territories shall be added to the list in
Annex IV to the EEC Treaty:
Anglo-FrenchCondominium of th e New Hebrides
The BahamasBermuda
BritishAntarctic Territory
BritishHondurasBritishIndian Ocean Territory
BritishSolomon Islands
BritishVirgin IslandsBrunei
Associated States in the Caribbean: Antigua, Dominica, Grenada, St
Lucia, St Vincent, St Kitts-Nevis-Anguilla
Cayman Islands
Central and Southern Line IslandsFalkland Islands and Dependencies
Gilbert and Ellice Islands
MontserratPitcairn
St Helena and Dependencies
The SeychellesTurks and Caicos Islands.
Article 25
The following paragraph shall be added after the first paragraph of
Article 79 of the ECSC Treaty:
‘Notwithstanding the preceding paragraph:
(a) This Treaty shall not apply to the Faroe Islands. The Govern-
ment of the Kingdom of Denmark may, however, give notice,by a declaration deposited by 31 December 1975 at the latest
with the Government of the French Republic, which shall
transmit a certified copy thereof to each of the Governmentsof the other Member States, that this Treaty shall apply to thoseIslands. In that event, this Treaty shall apply to those Islandsfrom the first day of the second month following the depositof the declaration.
(b) This Treaty shall not apply to the Sovereign Base Areas of the
United Kingdom of Great Britain and Northern Ireland inCyprus.
(c) This Treaty shall apply to the Channel Islands and the Isle of
Man only to the extent necessary to ensure the implementation
of the arrangements for those islands set out in the Council
Decision of 22 January 1972 concerning the accession of newMember States to the European Coal and Steel Community.’
Article 26
1. The following shall be substituted for Article 227 (1) of the EEC
Treaty:1972B0000 — EN — 01.01.1973 — 000.001 — 8
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‘1. This Treaty shall apply to the Kingdom of Belgium, the
Kingdom of Denmark, the Federal Republic of Germany, theFrench Republic, Ireland, the Italian Republic, the Grand Duchy
of Luxembourg, the Kingdom of the Netherlands and the United
Kingdom of Great Britain and Northern Ireland.’
2. The following subparagraph shall be added to Article 227(3) of
the EEC Treaty:
‘This Treaty shall not apply to those overseas countries and terri-
tories having special relations with the United Kingdom of GreatBritain and Northern Ireland which are not included in the afore-mentioned list.’
3. The following paragraph shall be added to Article 227 of the EEC
Treaty:
‘5. Notwithstanding the preceding paragraphs:
(a) This Treaty shall not apply to the Faroe Islands. The Govern-
ment of the Kingdom of Denmark may, however, give notice,
by a declaration deposited by 31 December 1975 at the latest
with the Government of the Italian Republic, which shalltransmit a certified copy thereof to each of the Governmentsof the other Member States, that this Treaty shall apply to thoseIslands. In that event, this Treaty shall apply to those Islandsfrom the first day of the second month following the deposit
of the declaration.
(b) This Treaty shall not apply to the Sovereign Base Areas of the
United Kingdom of Great Britain and Northern Ireland inCyprus.
(c) This Treaty shall apply to the Channel Islands and the Isle of
Man only to the extent necessary to ensure the implementationof the arrangements for those islands set out in the Treatyconcerning the accession of new Member States to the
European Economic Community and to the European Atomic
Energy Community signed on 22 January 1972.’
Article 27
The following paragraph shall be added to Article 198 of the Euratom
Treaty:
‘Notwithstanding the previous paragraphs:
(a) This Treaty shall not apply to the Faroe Islands. The Govern-
ment of the Kingdom of Denmark may, however, give notice,by a declaration deposited by 31 December 1975 at the latest,
with the Government of the Italian Republic, which shall
transmit a certified copy therof to each of the Governments ofthe other Member States, that this Treaty shall apply to thoseIslands. In that event, this Treaty shall apply to those Islandsfrom the first day of the second month following the deposit
of the declaration.
(b) This Treaty shall not apply to the Sovereign Base Areas of the
United Kingdom of Great Britain and Northern Ireland inCyprus.
(c) This Treaty shall not apply to those overseas countries and
territories having special relations with the United Kingdom ofGreat Britain and Northern Ireland which are not listed inAnnex IV to the Treaty establishing the European Economic
Community.
(d) This Treaty shall apply to the Channel Islands and the Isle of
Man only to the extent necessary to ensure the implementationof the arrangements for those islands set out in the Treatyconcerning the accession of new Member States to theEuropean Economic Community and to the European AtomicEnergy Community signed on 22 January 1972.’1972B0000 — EN — 01.01.1973 — 000.001 — 9
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Article 28
Acts of the institutions of the Community relating to the products in
Annex II to the EEC Treaty and the products subject, on importationinto the Community, to specific rules as a result of the implementationof the common agricultural policy, as well as the acts on the harmoni-
zation of legislation of Member States concerning turnover taxes, shall
not apply to Gibraltar unless the Council, acting unanimously on aproposal from the Commission, provides otherwise.
PART THREE
ADAPTATIONS TO ACTS ADOPTED BY THE INSTITUTIONS
Article 29
The acts listed in Annex I to this Act shall be adapted as specified in
that Annex.
Article 30
The adaptations to the acts listed in Annex II to this Act made neces-
sary 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 153.
PART FOUR
TRANSITIONAL MEASURES
TITLE I
FREE MOVEMENT OF GOODS
CHAPTER 1
Tariff Provisions
Article 31
1. The basic duty to which the successive reductions provided for in
Articles 32 and 59 are to be applied shall, for each product, be the duty
actually applied on 1 January 1972.
The basic duty used for the moves towards the Common Customs
Tariff and the ECSC unified tariff provided for in Articles 39 and 59shall, for each product, be the duty actually applied by the newMember States on 1 January 1972.
For the purposes of this Act, ‘ECSC unified tariff’ means the customs
nomenclature and the existing customs duties for the products in AnnexI to the ECSC Treaty, other than coal.
2. If, after 1 January 1972, any tariff reductions deriving from the
Agreement Relating Principally to Chemicals supplementary to theGeneva (1967) Protocol to the General Agreement on Tariffs and Trade
become applicable, the reduced duties shall replace the basic duties
referred to in paragraph1.
Article 32
1. Customs duties on imports between the Community as originally
constituted and the new Member States and between the new MemberStates themselves shall be progressively abolished in accordance with
the following timetable:
— on 1 April 1973, each duty shall be reduced to 80% of the basic
duty:
— the four other reductions of 20% each shall be made on:
1 January 1974;
1 January 1975;1972B0000 — EN — 01.01.1973 — 000.001 — 10
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1 January 1976;
1 July 1977.
2. Notwithstanding paragraph 1:
(a) customs duties on imports of coal within the meaning of Annex I to
the ECSC Treaty shall be abolished between Member States from
the date of accession;
(b) customs duties on imports of products listed in Annex III to this
Act shall be abolished on 1 January 1974;
(c) duty-free entry shall, from the date of accession, apply to imports
which benefit from the provisions relating to tax exemptionsapplicable to persons travelling from one Member State to another.
3. As regards the products listed in Annex IV to this Act which are
subject to contractual margins of preference between the United
Kingdom and certain other countries enjoying Commonwealth prefer-ence, the United Kingdom may defer until 1 July 1973 the first of thetariff reductions referred to in paragraph1.
4. Paragraph 1 shall not preclude the possibility of opening tariff
quotas for certain iron and steel products which are not manufactured
or the manufacture of which is inadequate in quantity or quality in theCommunity as originally constituted.
Article 33
In no case shall customs duties higher than those applied to third coun-
tries enjoying most-favoured-nation treatment be applied within the
Community.
In the event of the Common Customs Tariff duties being amended or
suspended or the new Member States applying Article 41, the Council,acting by a qualified majority on a proposal from the Commission, maytake the necessary measures for the maintenance of Community prefer-ence.
Article 34
Any new Member State may suspend in whole or in part the levying of
duties on products imported from other Member States. It shall informthe other Member States and the Commission thereof.
Article 35
Any charge having equivalent effect to a customs duty on imports,
introduced after 1 January 1972 in trade between the Community as
originally constituted and the new Member States or between the newMember States themselves, shall be abolished on 1 January 1973.
Any charge having equivalent effect to a customs duty on imports the
rate of which on 31 December 1972 is higher than that actually appliedon 1 January 1972 shall be reduced to the latter rate on 1 January 1973.
Article 36
1. Charges having equivalent effect to customs duties on imports
shall be progressively abolished between the Community as originallyconstituted and the new Member States and between the new MemberStates themselves in accordance with the following timetable:
— by 1 January 1974 at the latest, each charge shall be reduced to
60% of the rate applied on 1 January 1972;
— the three other reductions of 20% each shall be made on:
1 January 1975;
1 January 1976;
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2. Notwithstanding paragraph 1:
(a) charges having equivalent effect to customs duties on imports of
coal within the meaning of Annex I to the ECSC Treaty shall be
abolished between Member States from the date of accession;
(b) charges having equivalent effect to customs duties on imports on
the products listed in Annex III to this Act shall be abolished on 1January 1974.
Article 37
Customs duties on exports and charges having equivalent effect shall
be abolished between the Community as originally constituted and the
new Member States and between the new Member States themselvesby 1 January 1974 at the latest.
Article 38
1. Without prejudice to the following paragraphs, the provisions
concerning the progressive abolition of customs duties shall apply tocustoms duties of a fiscal nature.
2. The new Member States shall retain the right to replace a customs
duty of a fiscal nature or the fiscal element of any such duty by an
internal tax which is in conformity with Article 95 of the EEC Treaty.
If a new Member State avails itself of this right, any element not soreplaced by the internal tax shall constitute the basic duty under Article31. This element shall be abolished in trade within the Community andbrought into line with the Common Customs Tariff under the condi-tions laid down in Articles 32, 39 and 59.
3. Where the Commission finds that in a new Member State there is
serious difficulty in replacing a customs duty of a fiscal nature or thefiscal element of any such duty, it shall authorize that State, followinga request made before 1 February 1973, to retain the duty or fiscalelement, provided the State abolishes it by 1 January 1976 at the latest.The decision of the Commission shall be taken before 1 March 1973.
The protective element, the amount of which shall be fixed by the
Commission before 1 March1973 after consulting th e State concerned,shall constitute the basic duty provided for in Article 31. This elementshall be abolished in trade within the Community and brought into linewith the Common Customs Tariff under the conditions laid down inArticles 32, 39 and 59.
4. The Commission may authorize the United Kingdom to retain
customs duties of a fiscal nature or the fiscal element of such duties
on tobacco for two additional years if by 1 January 1976 it has notproved possible to convert those duties into internal taxes on manufac-tured tobacco on a harmonized basis in accordance with Article 99 ofthe EEC Treaty, either because there are no Community provisions in
this field on 1 January 1975 or because the time limit set for the imple-
mentation of suchCommunity provisions is later th an 1 January 1976.
5. The Council Directive of 4 March 1969 on the harmonization of
provisions laid down by law, regulation or administrative action fordeferred payment of customs duties, charges having equivalent effectand agricultural levies shall not apply in the new Member States to
the customs duties of a fiscal nature referred to in paragraphs 3 and 4
or to the fiscal element of such duties.
6. The Council Directive of 4 March 1969 on the harmonization of
provisions laid down by law, regulation or administrative action inrespect of inward processing shall not apply in the United Kingdom tothe customs duties of a fiscal nature referred to in paragraphs 3 and 4or to the fiscal element of such duties.1972B0000 — EN — 01.01.1973 — 000.001 — 12
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Article 39
1. For the purpose of the progressive introduction of the Common
Customs Tariff and of the ECSC unified tariff, the new Member Statesshall amend their tariffs applicable to third countries as follows:
(a) in the case of tariff headings in respect of which the basic duties do
not differ by more than 15% in either direction from the duties inthe Common Customs Tariff or the ECSC unified tariff, these latterduties shall be applied from 1 January 1974;
(b) in other cases, each new Member State shall, from the same date,
apply a duty reducing by 40% the difference between the basic
duty and the duty in the Common Customs Tariff or the ECSC
unified tariff.
This difference shall be further reduced by 20% on 1 January 1975
and by 20% on 1 January 1976.
The new Member States shall apply in full the Common Customs
Tariff and the ECSC unified tariff from 1 July 1977.
2. From 1 January 1974, if any duties in the Common Customs
Tariff are altered or suspended, the new Member States shall simulta-
neously amend or suspend their tariffs in the proportion resulting from
the implementation of paragraph 1.
3. The new Member States shall apply the Common Customs Tariff
from 1 January 1974 in respect of the products listed in Annex III to
this Act.
4. The new Member States shall apply the Common Customs Tariff
nomenclature from the date of accession. Denmark and the UnitedKingdom are, however, authorised to defer their application of thenomenclature until 1 January 1974.
The new Member States may include within this nomenclature existing
national subdivisions which are indispensable in order that the progres-sive alignment of their customs duties with those in the CommonCustoms Tariff be carried out under the conditions laid down in this
Act.
5. With a view to facilitating the progressive introduction of the
Common Customs Tariff by the new Member States, the Commissionshall determine, if necessary, the provisions whereby new Member
States alter their customs duties.
Article 40
In respect of the following products in the Common Customs Tariff:
CCT heading
NoDescription of goods (ECSC)
73.01 Pig iron, cast iron and spiegeleisen, in pigs, blocks, lumps and
similar forms
73.02 Ferro-alloys:
A. Ferro-manganese:
I. Containing more than 2% by weight of carbon (high
carbon ferro-manganese)
73.07 Blooms, billets, slabs and sheet bars (including tinplate bars), of
iron or steel; pieces roughly shaped by forging, of iron or steel
A. Blooms and billets:
ex I. Rolled billets
Ireland shall, notwithstanding the provisions of Article 39, apply from
1 January 1975 duties reducing by one third the difference between therates actually applied on 1 January 1972 and those of the ECSC unified1972B0000 — EN — 01.01.1973 — 000.001 — 13
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tariff. The difference resulting from this first move towards alignment
shall be further reduced by 50% on 1 January 1976.
Ireland shall apply in full the ECSC unified tariff from 1 July 1977.
Article 41
In order to bring their tariffs into line with the Common Customs
Tariff and the ECSC unified tariff, the new Member States shall remain
free to alter their customs duties more rapidly than is provided for inArticle 39(1) and (3). They shall inform the other Member States andthe Commission thereof.
CHAPTER 2
Elimination of Quantitative Restrictions
Article 42
Quantitative restrictions on imports and exports shall, from the date of
accession, be abolished between the Community as originally consti-tuted and the new Member States and between the new Member
States themselves.
Measures having equivalent effect to such restrictions shall be abol-
ished by 1 January 1975 at the latest.
Article 43
Notwithstanding Article 42, Member States may, for a period of two
years, retain restrictions on exports of waste and scrap metal of ironor steel falling within Common Customs Tariff heading No 73.03,insofar as these arrangements are not more restrictive than those
applied to exports to third countries.
For Denmark the period shall be three years and for Ireland five years.
Article 44
1. The new Member States shall progressively adjust State monopo-
lies of a commercial character within the meaning of Article 37(1) of
the EEC Treaty so as to ensure that by 31 December 1977 no discrimi-nation regarding the conditions under which goods are procured andmarketed exists between nationals of Member States.
The original Member States shall have equivalent obligations in rela-
tion to the new Member States.
2. From the beginning of 1973 the Commission shall make recom-
mendations as to the manner in which and the timetable according towhich the adjustment provided for in this Article must be carried out,it being understood that the manner and timetable must be the same for
the new Member States and the original Member States.
CHAPTER 3
Other Provisions
Article 45
1. The Commission shall, before 1 April 1973 and with due regard
for the provisions in force, in particular those relating to Communitytransit, determine the methods of administrative cooperation designedto ensure that goods fulfilling the requisite conditions benefit from theabolition of customs duties and charges having equivalent effect andquantitative restrictions and measures having equivalent effect.
2. The Commission shall, before the expiry of that time limit, lay
down the provisions applicable to trade within the Community in goods1972B0000 — EN — 01.01.1973 — 000.001 — 14
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obtained in the Community in the manufacture of which have been
incorporated:
— products on which the customs duties or charges having equivalent
effect which were applicable to them in the Community as origin-
ally constituted or in a new Member State have not been levied, or
which have benefited from a total or partial drawback of suchduties or charges;
— agricultural products which do not fulfil the conditions required for
admission to free movement in the Community as originally consti-
tuted or in a new Member State.
In adopting these provisions, the Commission shall take into account
the rules laid down in this Act for the elimination of customs dutiesbetween the Community as originally constituted and the new Member
States and between the new Member States themselves, and for the
progressive introduction by the new Member States of the CommonCustoms Tariff and the provisions relating to the common agriculturalpolicy.
Article 46
1. Save as otherwise provided in this Act, the provisions in force
withregard to customs legislation for trade withth ird countries sh allapply under the same conditions to trade within the Community, for
suchtime as customs duties are levied in th at trade.
For the purpose of establishing the customs value in respect of that
trade, the customs territory to be taken into consideration shall be thatdefined by the provisions existing in the Community and in the new
Member States on 31 December 1972.
2. The new Member States shall apply the Common Customs Tariff
nomenclature in trade within the Community from the date of acces-sion. Denmark and the United Kingdom are, however, authorised todefer their application of this nomenclature until 1 January 1974.
The new Member States may include within this nomenclature existing
national subdivisions which are indispensable in order that the progres-sive elimination of their customs duties within the Community becarried out under the conditions laid down in this Act.
Article 47
1. Where the compensatory amounts referred to in Article 55(1)(a)
are levied in trade between the Community as originally constitutedand the new Member States and between the new Member States them-
selves on imports of primary products considered as having been used
in the manufacture of goods covered by Regulation No 170/67/EEC onthe common system of trade for ovalbumin and lactalbumin and Regu-lation (EEC) No 1059/69 determining the system of trade applicable tocertain goods processed from agricultural products, a compensatoryamount, calculated on the basis of the said amounts and in accordance
with the rules laid down by the above Regulations for calculating either
the charge or the variable component applicable to the goods underconsideration, shall be applied on importation of those goods.
When these same goods are imported from third countries into the new
Member States, the charge laid down by Regulation No 170/67/EEC
and the variable component laid down by Regulation (EEC) No 1059/69 shall be reduced or increased, as the case may be, by the compensa-tory amount under the same conditions as those laid down in Article55(1)(b).
2. Article 61(2) shall apply for the determination of the customs
duty constituting the fixed component of the charge applicable in thenew Member States to goods covered by Regulation (EEC) No 1059/69.1972B0000 — EN — 01.01.1973 — 000.001 — 15
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Eachfixed component applied in trade between th e Community as
originally constituted and the new Member States and between thenew Member States themselves shall be abolished in accordance with
Article 32(1).
Eachfixed component applied by th e new Member States to imports
from third countries shall be brought into line with the Common
Customs Tariff in accordance withArticle 39.
3. The new Member States shall, for the goods covered by Regula-
tions No 170/67/EEC and (EEC) No 1059/69, apply in full the
Common Customs Tariff nomenclature by 1 February 1973 at thelatest.
4. The new Member States shall abolish customs duties and charges
having equivalent effect, other than those provided for in paragraphs 1and 2, on 1 February 1973.
On the same date, the new Member States shall abolish the measures
having equivalent effect to quantitative restrictions in trade betweenthemselves and with the Community as originally constituted.
5. The Council shall, acting by a qualified majority on a proposal
from the Commission, adopt provisions to implement this Article,taking account, in particular, of the special situations which may resultfrom the implementation for the same goods of the first subparagraph
of paragraph1 and of Article 97.
Article 48
1. The provisions of this Title shall not prevent Ireland from
applying to products originating in the United Kingdom arrangementsenabling customs duties and protective elements contained in customsduties of a fiscal nature to be eliminated more rapidly, in accordance
withth e Anglo-IrishFree Trade Area Agreement, signed on 14
December 1965, and related Agreements.
2. The provisions adopted pursuant to Article 45(2) shall apply from
1 January 1974 in the context of the customs arrangements in force
between Ireland and the United Kingdom.
Article 49
1. Protocols Nos 8 to 15 annexed to this Act shall not preclude any
alteration to or suspension of duties decided under Article 28 of theEEC Treaty.
2. The Protocols annexed to the Agreement on the determination of
part of the Common Customs Tariff in respect of the products in List Gannexed to the EEC Treaty are hereby revoked with the exception of
Protocol No XVII.
TITLE II
AGRICULTURE
CHAPTER 1
General Provisions
Article 50
Save as otherwise provided in this Title, the rules provided for in this
Act shall apply to agricultural products.
Article 51
1. This Article shall apply to prices in respect of which Chapters 2
and 3 refer to this Article.
2. Before the first move towards price alignment referred to in
Article 52, the prices to be applied in each new Member State shallbe fixed in accordance with the rules provided for in the common orga-1972B0000 — EN — 01.01.1973 — 000.001 — 16
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nization of the market in the sector in question at a level which allows
producers in that sector to obtain returns equivalent to those obtainedunder the previous national system.
3. In respect of the United Kingdom, those prices shall, however, be
fixed at a level such that the application of the Community rules resultsin a level of market prices comparable with the level recorded in theMember State concerned during a representative period preceding theimplementation of the Community rules.
Article 52
1. If the application of the provisions of this Title results in a price
level different from that of the common prices, the prices in respect of
which Chapters 2 and 3 refer to this Article shall be aligned with the
level of the common prices in six stages.
2. Subject to paragraph 4, the moves towards alignment shall be
carried out each year at the beginning of the marketing year accordingto the following provisions:
(a) when the price of a product in a new Member State is lower than
the common price, the price in that Member State shall, at the time
of eachmove towards alignment, be increased successively by a
sixth, a fifth, a quarter, a third and a half of the difference betweenthe price level in that new Member State and the common pricelevel which are applicable before each move towards alignment;the price resulting from this calculation shall be increased propor-tionately to any rise in the common price for the following
marketing year;
(b) when the price of a product in a new Member State is higher than
the common price, the difference between the price level applicablebefore eachmove towards alignment in th e new Member State andthe common price level applicable for the next marketing year shall
be reduced successively by a sixth, a fifth, a quarter, a third and a
half.
3. In the interest of the smooth functioning of the process of integra-
tion, the Council, acting in accordance with the procedure laid down inArticle 43(2) of the EEC Treaty, may decide that, notwithstandingparagraph 2, the price of one or more products in one or more of the
new Member States shall for one marketing year depart from the prices
resulting from the application of paragraph 2.
This departure may not exceed 10% of the amount of the price move to
be made.
In that event, the price level for the following marketing year shall be
that which would have resulted from applying paragraph 2 if the depar-ture had not been decided upon. A further departure from this pricelevel may, however, be decided upon for that marketing year in accor-
dance with the conditions in the preceding subparagraphs.
4. The common prices shall be applied in the new Member States by
1 January 1978 at the latest.
Article 53
If the difference between the price level of a product in a new Member
State and the common price level is found to be minimal, the Council,acting in accordance withth e procedure laid down in Article 43(2) ofthe EEC Treaty, may decide that the common price shall be applied inthat new Member State in respect of the product concerned.
Article 54
1. For such time as there is a difference in the United Kingdom
between prices obtained under the national system of guaranteed pricesand market prices resulting from the application of the mechanisms of1972B0000 — EN — 01.01.1973 — 000.001 — 17
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the common agricultural policy and the provisions of this Title, that
Member State is authorized to retain production subsidies.
2. The United Kingdom shall, for each of the products to which
paragraph1 applies, endeavour to abolishth ese subsidies as soon as
possible during the period referred to in Article 9(2).
3. These subsidies may not have the effect of raising the returns of
producers above the level which would have resulted from the applica-tion to these returns of the rules for the alignment of prices laid downin Article 52.
4. The Council, acting in accordance with the procedure laid down
in Article 43(2) of the EEC Treaty, shall adopt the rules necessary forthe application of this Article with a view to ensuring the proper func-
tioning of the common agricultural policy and in particular of the
common organization of the market.
Article 55
1. The differences in price levels shall be compensated as follows:
(a) in trade between the new Member States themselves and with the
Community as originally constituted, compensatory amounts shall
be levied by the importing State or granted by the exporting State;
(b) in trade between the new Member States and third countries, levies
or other import charges applied under the common agriculturalpolicy and export refunds shall be reduced or increased, as the
case may be, by the compensatory amounts applicable in trade
withth e Community as originally constituted. Customs duties maynot, however, be reduced by the compensatory amount.
2. For products in respect of which prices are fixed in accordance
withArticles 51 and 52, th e compensatory amounts applicable in tradebetween the Community as originally constituted and the new MemberStates, and between those States and third countries, shall be equal to
the difference between the prices fixed for the new Member State
concerned and the common prices.
For the other products, the compensatory amounts shall be determined
in the cases provided for in Chapters 2 and 3 and in accordance withthe rules which they lay down.
3. The compensatory amounts applicable in trade between the new
Member States shall be determined by direct reference to the compen-satory amounts fixed for eachof th ose States in accordance with
paragraph2.
4. No compensatory amount shall, however, be fixed if the applica-
tion of paragraphs 2 and 3 results in a minimal amount.
5. For products in respect of which the duty in the Common
Customs Tariff is bound under the General Agreement on Tariffs andTrade, the binding shall be taken into account.
6. The compensatory amount levied or granted by a Member State
in accordance withparagraph1(a) may not exceed th e total amountlevied by that same Member State on imports from third countries.
The Council, acting by a qualified majority on a proposal from the
Commission, may derogate from this rule, in particular in order to
avoid deflections of trade and distortions of competition.
Article 56
If the world market price for a product is higher than the price used in
calculating the import charge introduced under the common agricul-
tural policy, less the compensatory amount deducted from the import
charge in accordance with Article 55, or if the refund on exports tothird countries is less than the compensatory amount, or if no refundis applicable, appropriate measures may be taken witha view toensuring the proper functioning of the common organization of themarket.1972B0000 — EN — 01.01.1973 — 000.001 — 18
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Article 57
In fixing the level of the various elements of the price and intervention
system, except for the prices referred to in Articles 51 and 70, accountshall be taken for the new Member States, to the extent necessary forthe proper functioning of the Community rules, of the difference inprices expressed by the compensatory amount.
Article 58
The compensatory amounts granted shall be financed by the Commu-
nity from the Guarantee Section of the European Agricultural
Guidance and Guarantee Fund.
Article 59
The following provisions shall apply to products the importation of
which from third countries into the Community as originally consti-tuted is subject to customs duties:
1. Customs duties on imports shall be progressively abolished
between the Community as originally constituted and the new MemberStates and between the new Member States themselves in five stages.The first reduction, which shall reduce the customs duties to 80% ofthe basic duty, and the four other reductions of 20% each, shall bemade in accordance withth e following timetable:
(a) for products covered by the common organization of the market in
beef and veal: at the start of each marketing year, the first reduc-tion taking place in 1973;
(b) for products covered by Regulation No 23 on the progressive estab-
lishment of a common organization of the market in fruit and
vegetables, by Regulation (EEC) No 234/68 on the establishment
of a common organization of the market in live trees and otherplants, bulbs, roots and the like, cut flowers and ornamentalfoliage, and by Regulation (EEC) No 865/68 on the establishmentof a common organization of the market in products processed
from fruit and vegetables: on 1 January eachyear, th e first reduc-
tion taking place on 1 January 1974;
(c) for other agricultural products: in accordance with the timetable
laid down in Article 32(1), the first reduction, however, takingplace on 1 July 1973.
2. For the purpose of the progressive introduction of the Common
Customs Tariff, each new Member State shall reduce the differencebetween the basic duty and the duty in the Common Customs Tariffby successive amounts of 20%. These moves towards alignment shall
be made on the dates laid down in paragraph 1 for the products in
question. For the products referred to in paragraph 1(c), the movestowards alignment shall follow the timetable laid down in Article39(1).
However, in the case of tariff headings in respect of which the basic
duties do not differ by more than 15% in either direction from theduties in the Common Customs Tariff, the latter duties shall be applied
from the date of the first move towards alignment for each category of
products in question.
3. In respect of the second, third and fourth reductions or moves
towards alignment, the Council, acting by a qualified majority on aproposal from the Commission, may decide that, in respect of one ormore of the new Member States, the duties applicable to one or moreof the products referred to in paragraph 1(b) shall, for one year, depart
from the duties resulting from the application of paragraph 1 or, as the
case may be, paragraph2.
This departure may not exceed 10% of the amount of the modification
to be made under paragraph1 or 2.
In that event, the duties to be applied for the following year shall be
those which would have resulted from applying paragraph 1 or, as thecase may be, paragraph 2, if the departure had not been decided upon.However, for that year, a further departure from those duties may be1972B0000 — EN — 01.01.1973 — 000.001 — 19
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decided upon in accordance with the conditions set out in the above
subparagraphs.
On 1 January 1978, the customs duties on these products shall be abol-
ished and the new Member States shall apply in full the CommonCustoms Tariff.
4. In respect of products covered by a common organization of the
market, the new Member States may, in accordance with the procedurelaid down in Article 26 of Regulation No 120/67/EEC on the common
organization of the market in cereals or, as the case may be, laid down
in the corresponding Articles of the other Regulations on the establish-ment of a common organization of agricultural markets, be authorizedto abolishth e customs duties referred to in paragraph1, or to alignduties as provided for in paragraph2, or both , at a more rapid ratethan that laid down in the preceding paragraphs or to suspend in whole
or in part the customs duties on products imported from other Member
States.
In respect of other products, no authorization shall be required for the
introduction of the measures referred to in the preceding subparagraph.
The customs duties resulting from an accelerated alignment shall not be
less than the customs duties on imports of the same products from
other Member States.
Each new Member State shall inform the other Member States and the
Commission of the measures taken.
Article 60
1. In respect of products covered, on the date of accession, by a
common organization of the market, the system applicable in theCommunity as originally constituted in respect of customs duties andcharges having equivalent effect and quantitative restrictions and
measures having equivalent effect shall, subject to Articles 55 and 59,
apply in the new Member States from 1 February 1973.
2. In respect of products not covered, on the date of accession, by a
common organization of the market, the provisions of Title Iconcerning the progressive abolition of charges having equivalent
effect to customs duties and of quantitative restrictions and measures
having equivalent effect shall not apply to those charges, restrictionsand measures if they form part of a national market organization onthe date of accession.
This provision shall apply only to the extent necessary to ensure the
maintenance of the national organization and until the common organi-
zation of the market for these products is implemented.
3. The new Member States shall apply the Common Customs Tariff
nomenclature by 1 February 1973 at the latest, in respect of agriculturalproducts covered by a common organization of the market.
To the extent that no difficulties arise in the application of the Commu-
nity rules and, in particular, in the functioning of the commonorganization of markets and of the transitional mechanisms providedfor in this Title, the Council, acting by a qualified majority on aproposal from the Commission, may authorize a new Member State to
include within this nomenclature such existing national subdivisions as
would be indispensable for carrying out the progressive moves towardsalignment with the Common Customs Tariff or the elimination of theduties in the Community under the conditions laid down in this Act.
Article 61
1. The component for protection of the processing industry which is
used in calculating the charge on imports from third countries ofproducts covered by the common organization of the markets incereals, rice and products processed from fruit and vegetables shall belevied on imports from the new Member States into the Community asoriginally constituted.1972B0000 — EN — 01.01.1973 — 000.001 — 20
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2. For imports into the new Member States, the amount of that
component shall be determined by separating out, from the total protec-tion applied on 1 January 1972, the component or components designed
to ensure the protection of the processing industry.
Such component or components shall be levied on imports from other
Member States; they shall replace, as regards the charge on importsfrom third countries, the Community protective component.
3. Article 59 shall apply to the component referred to in paragraphs
1 and 2. The reductions or alignments in question shall, however, in
respect of cereal and rice products be made at the beginning of themarketing year fixed for the basic product concerned.
Article 62
1. The Council, acting by a qualified majority on a proposal from
the Commission, shall adopt the provisions necessary for implementing
this Title.
2. The Council, acting unanimously on a proposal from the
Commission after consulting the Assembly, may make the necessaryadaptations to the provisions of Chapters 2, 3 and 4 of this Title, ifmade necessary as a result of a change in Community rules.
Article 63
1. If transitional measures are necessary to facilitate the passage
from the existing arrangements in the new Member States to those
resulting from the application of the common organization of themarkets as provided for in this Title, particularly if for certain productsthe implementation of the new arrangements on the scheduled datemeets withappreciable difficulties, suchmeasures sh all be adopted in
accordance withth e procedure provided for in Article 26 of Regulation
No 120/67/EEC or, as the case may be, in the corresponding Articles ofthe other Regulations on the common organization of agriculturalmarkets. Suchmeasures may be taken during th e period up to 31January 1974, but their application may not extend beyond that date.
2. The Council may, acting unanimously on a proposal from the
Commission after consulting the Assembly, extend the time limit in
paragraph1 up to 31 January 1975.
Article 64
The provisions of this Title shall not affect the degree of freedom of
trade in agricultural products which results from the Anglo-Irish FreeTrade Area Agreement, signed on 14 December 1965, and related
Agreements.
CHAPTER 2
Provisions relating to certain Common Organizations of Markets
Section 1
Fruit and Vegetables
Article 65
1. A compensatory amount shall be fixed for fruit and vegetables in
respect of which:
a) the new Member State concerned applied, during 1971, quantitative
restrictions or measures having equivalent effect,
b) a common basic price is fixed, and
c) the producer price in that new Member State appreciably exceeds
the basic price applicable in the Community as originally consti-tuted during the period preceding the application of theCommunity system to the new Member States.1972B0000 — EN — 01.01.1973 — 000.001 — 21
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2. The producer price referred to in paragraph 1(c) shall be calcu-
lated by applying to the national data of the new Member Stateconcerned the principles set out in Article 4(2) of Regulation No 159/
66/EEC laying down additional provisions in respect of the common
organization of the market in fruit and vegetables.
3. The compensatory amount shall apply only during the period for
which the basic price is in force.
Article 66
1. Until the first move towards alignment, the compensatory amount
applicable in trade between a new Member State in which the condi-
tions referred to in Article 65(1) are fulfilled and the Community as
originally constituted, another new Member State, with the exceptionof those referred to in the following subparagraph, or third countries,shall be equal to the difference between the prises referred to in Article65(1)(c).
In trade between two new Member State in which the conditions
referred to in Article 65(1) are fulfilled, the compensatory amount shallbe equal to the difference between their respective producer prices. Thecompensatory amount shall not be applied if this difference is insignif-icant.
The differences referred to in the above subparagraphs shall be
adjusted, to the extent necessary, by the incidence of customs duties,
2. Where subsequent compensatory amounts are fixed, the compen-
satory amount shall be reduced by one fifth of the original amount on 1
January every year, beginning on 1 January 1974.
Article 52(3) shall apply by analogy. The compensatory amount shall
be abolished on 1 January 1978.
Article 67
For the purpose of determining entry prices, the price quotations
recorded in the new Member State shall be reduced by:
(a) the compensatory amount, if any;
(b) the duties applicable to imports into those Member State from third
countries instead of the duties of the Common Customs Tariff.
Article 68
The provisions relating to the common quality standards shall apply to
the marketing of home produce in the United Kingdom only from:
(a) 1 February 1974, in respect of artichokes, asparagus, Brussels
sprouts, ribbed celery, witloof chicory, garlic and onions;
(b) 1 February 1975, in respect of beans, roundheaded cabbages,
carrots, lettuces, curled-leaved endives and broad-leaved (Batavian)endives, shelling peas, spinach and strawberries.
Section 2
Wine
Article 69
Until 31 December 1975, Ireland and the United Kingdom are author-
ized to retain the use of composite names including the word wine for
the designation of certain beverages in respect of which the use of suchnames is incompatible with Community rules. This derogation shallnot, however, apply to products exported to the Member States of theCommunity as originally constituted.1972B0000 — EN — 01.01.1973 — 000.001 — 22
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Section 3
Oilseeds
Article 70
1. Article 52 shall apply to the derived intervention prices for
oilseeds.
2. The intervention prices applicable in the new Member States until
the first move towards alignment shall be fixed in accordance with the
rules provided for within the common organization of the market,account being taken of the normal relationship which should existbetween the income to be obtained from oilseeds and that obtainedfrom the production of the products which compete in crop rotationwithoilseeds.
Article 71
The amount of aid in respect of oilseeds harvested in 3 new Member
State shall be adjusted by the compensatory amount applicable in that
State, increased by the incidence of the customs duties applied therein.
Article 72
In trade in oilseeds, the compensatory amount shall be applied only to
refunds on exports to third countries of oilseeds harvested in a new
Member State.
Section 4
Cereals
Article 73
Articles 51 and 52 shall apply to the derived intervention prices for
cereals.
Article 74
The compensatory amounts applicable in trade between the Community
as originally constituted and the new Member States and between thoseStates and third countries shall be fixed as follows:
1. The compensatory amount applicable until the first move towards
alignment in the case of cereals for which no derived interventionprice is fixed for the new Member States shall be derived from thecompensatory amount applicable in the case of a competing cerealfor which a derived intervention price is fixed, account being taken
of the relationship existing between the threshold prices of the
cereals in question. However, if the relationship between thethreshold prices differs appreciably. from that between the pricesrecorded on the market of the new Member State concerned, thelatter relationship may be taken into consideration.
The subsequent compensatory amounts shall be fixed on the basis of
those referred to in the first subparagraph and according to the rulesin Article 52 for the alignment of prices.
2. The compensatory amount for the products specified in Article 1(c)
and (d) of Regulation No 120/67/EEC shall be derived front the
compensatory amount for the cereals to which they relate with the
help of the coefficients or rules used in determining the levy, orthe variable component of the levy, on those products.
Section 5
Pigmeat
Article 75
1. The compensatory amount per kilogramme of pig carcase shall be
calculated on the basis of the compensatory amounts applicable to the1972B0000 — EN — 01.01.1973 — 000.001 — 23
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quantity of feed grain required for the production in the Community of
one kilogramme of pigmeat.
2. The compensatory amount for the products, other than pig
carcases, specified in Article 1(1) of Regulation No 121/67/EEC onthe common organization of the market in pigmeat shall be derivedfrom the compensatory amount referred to in paragraph 1 with thehelp of the coefficients used in calculating the levy.
Article 76
1. Until 31 December 1975, products which do not correspond to the
provisions of point 23 of Annex I to Directive No 64/433/EEC, on
health protection questions in intra-Community trade in fresh meat,may be bought in by intervention agencies in Denmark, Ireland andthe United Kingdom.
2. Until 31 October 1974, the United Kingdom is authorized not to
apply the Community scale of classification for pig carcases.
Section 6
Eggs
Article 77
1. The compensatory amount per kilogramme of eggs in shell shall
be calculated on the basis of the compensatory amounts applicable tothe quantity of feed grain required for the production in the Commu-nity of one kilogramme of eggs in shell.
2. The compensatory amount per hatching egg shall be calculated on
the basis of the compensatory amounts applicable to the quantity of
feed grain required for the production in the Community of onehatching egg.
3. The compensatory amount for the products specified in Article
1(1)(b) of Regulation No 122/67/EEC on the common organization of
the market in eggs shall be derived from the compensatory amount for
eggs in shell with the help of the coefficients used in calculating thelevy.
Article 78
Withregard to egg-marketing standards, Ireland and th e United
Kingdom may retain on their markets a system of grading in four and
five weight-categories respectively, on condition that the marketing of
eggs which comply with Community standards shall not be subject torestrictions because of different systems of grading.
Section 7
Poultrymeat
Article 79
1. The compensatory amount per kilogramme of slaughtered poultry
shall be calculated on the basis of the compensatory amounts applic-able to the quantity of feed grain, differentiated according to species
of poultry, which is required for the production in the Community of
one kilogramme of slaughtered poultry.
2. The compensatory amount applicable per chick shall be calcu-
lated on the basis of the compensatory amounts applicable to thequantity of feed grain required for the production in the Communityof one chick.
3. The compensatory amount for the products specified in Article
1(2)(d) of Regulation No 123/67/EEC on the common organization ofthe market in poultrymeat shall be derived from the compensatoryamount for slaughtered poultry with the help of the coefficients usedin calculating the levy.1972B0000 — EN — 01.01.1973 — 000.001 — 24
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Section 8
Rice
Article 80
The compensatory amounts applicable in trade between the Community
as originally constituted and the new Member States and between thoseStates and third countries shall be fixed as follows:
1. The compensatory amount applicable until the first move towards
alignment for round-grained husked rice, long-grained husked riceand broken rice shall be established on the basis of the difference
between the threshold price and the market prices recorded on the
market of the new Member State concerned during a referenceperiod.
The subsequent compensatory amounts shall be fixed on the basis of
those provided for in the first subparagraph and according to therules in Article 52 for the alignment of prices.
2. The compensatory amount for paddy rice, semi-milled rice, wholly-
milled rice and the products specified in Article 1(1)(c) of Regula-
tion No 359/67/EEC on the common organization of the market in
rice shall, for each of those products, be derived from the compen-satory amount for the product referred to in paragraph 1 to which itrelates with the help of the coefficients used in determining the levyor the variable component of the levy.
Section 9
Sugar
Article 81
Articles 51 and 52 shall apply to the derived intervention price for
white sugar, the intervention price for raw sugar and to the minimumprice for beet.
Article 82
The compensatory amounts applicable in trade between the Community
as originally constituted and the new Member States and between those
States and third countries shall:
(a) in the case of the products, other than fresh beet, in Article 1(1)(b)
of Regulation No 1009/67/EEC on the common organization of the
market in sugar, be derived from the compensatory amount for the
primary product in question, in accordance withth e rules in forcefor calculating the levy;
(b) in the case of the products in Article 1(1)(d) of Regulation No
1009/67/EEC, be derived from the compensatory amount for theprimary product in question, in accordance withth e rules in forcefor calculating:
— the levy, in respect of the compensatory amount applicable to
imports,
— the refund, in respect of the compensatory amount applicable to
exports.
Article 83
The amount referred to in Article 25(3) of Regulation No 1009/67/EEC
shall, in the new Member States, be adjusted by the compensatoryamount calculated in accordance withArticle 55(2).1972B0000 — EN — 01.01.1973 — 000.001 — 25
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Section 10
Live Trees and other Plants, Bulbs, Roots and the like, Cut Flowers and
Ornamental Foliage
Article 84
The provisions relating to common quality standards shall be applic-
able to the marketing of home produce in the United Kingdom onlyfrom 1 February 1974 and, in respect of cut flowers, only from 1February 1975.
Section 11
Milk and Milk Products
Article 85
Articles 51 and 52 shall apply to the intervention prices for butter and
skim milk powder.
Article 86
In trade between the Community as originally constituted and the new
Member States, and between those States and third countries, compen-satory amounts shall be fixed as follows:
1. For pilot products other than those referred to in Article 85, the
compensatory amount applicable until the first move towards alignmentshall be determined on the basis of the difference between the repre-
sentative market price level of the new Member State concerned and
the representative market price level of the Community as originallyconstituted over a representative period preceding the introduction ofthe Community rules in the new Member State in question.
In fixing the compensatory amounts applicable from the first move
towards alignment, account shall be taken of the amount fixed in accor-dance with the first subparagraph or paragraph 3 and the rules foralignment of prices in Article 52.
2. For products other than pilot products, the compensatory amounts
shall be derived from the compensatory amount for the pilot product ofthe group to which the product concerned belongs, in accordance withthe rules in force for calculating the levy.
3. If th e first subparagraphof paragraph1 and paragraph2 cannot
be applied or if their application results in compensatory amounts
leading to abnormal price relationships, the compensatory amount shallbe calculated on the basis of the compensatory amounts applicable forbutter and skim milk powder.
Article 87
1. If a system providing for a different valuation of milk according
to its use existed in a new Member State before accession, and if theapplication of Article 86 leads to difficulties on the market, the
compensatory amount applicable until the first move towards alignment
for one or more products falling within Common Customs Tariffheading No 04.01 shall be fixed on the basis of the difference betweenmarket prices.
When subsequent compensatory amounts are fixed, the compensatory
amount shall be reduced annually at the beginning of the marketing
year by one-sixth of the original amount and shall be abolished on 1
January 1978.
2. Appropriate measures shall be adopted to avoid distortions of
competition which might result from the application of paragraph 1,either in respect of the products in question or in respect of othermilk products, and to take account of possible changes in the commonprice.1972B0000 — EN — 01.01.1973 — 000.001 — 26
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Article 88
1. Ireland is authorized to grant a subsidy on the direct consumption
of butter to the extent necessary to allow, during the transitional period,
the price paid by the consumer to be progressively adjusted to the price
level obtaining in the Community as originally constituted.
In the event of Ireland making use of the authorization referred to in
the first subparagraph, it shall grant a subsidy of the same amount onthe consumption of butter imported from the other Member States.
2. This subsidy shall be abolished in six stages coinciding with the
stages for aligning the price of butter.
Article 89
1. Until 31 December 1975 in the United Kingdom and until 31
December 1977 in Ireland, the supply to consumers as whole milk ofmilk with a fat content of less than 3.5% is authorized.
Milk sold as whole milk pursuant to the first subparagraph must not,
however, have been subjected to any skimming. Furthermore, the
provisions in respect of whole milk shall apply to such milk.
2. Denmark is authorized to maintain until 31 December 1977 the
exclusive milk supply licences which existed in certain areas at thedate of accession. Licences which expire before 1 January 1978 may
not be renewed.
Section 12
Beef and Veal
Article 90
Articles 51 and 52 shall apply to the guide prices for adult bovine
animals and calves.
Article 91
1. The compensatory amount for calves and adult bovine animals
calculated in accordance with Article 55 shall be corrected to the extentnecessary, by the incidence of customs duties.
If the incidence of the customs duty applicable to trade between the
Community as originally constituted and the new Member States and
between the new Member States themselves is higher than the compen-satory amount calculated in accordance withArticle 55, th e customsduty shall be suspended at a level such that its incidence correspondsto the compensatory amount.
2. If the third subparagraph of Article 10(1) of Regulation (EEC) No
805/68 on the common organization of the market in beef and veal, orif Article 11(1) of that Regulation, is applied, the appropriate measuresshall be adopted in order to maintain Community preference and avoiddeflections of trade.
3. The compensatory amount for the products referred to in the
Annex to Regulation (EEC) No 805/68 shall be fixed taking account
of the provisions laid down in the preceding paragraphs and with thehelp of the rules laid down for fixing the levies applicable to thoseproducts.
Article 92
In respect of the products specified in Article 1(b) and (c) of Regula-
tion (EEC) No 805/68, the refund on exports to third countries by the
new Member States shall be corrected by the incidence of the differ-
ence between the customs duties on the products listed in the Annexto the said Regulation to imports from third countries into the Commu-nity as originally constituted on the one hand and into the new MemberStates on the other.1972B0000 — EN — 01.01.1973 — 000.001 — 27
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Article 93
For suchtime as th e United Kingdom, pursuant to Article 54, retains
production subsidies for slaughter cattle, Ireland is authorized, in orderto avoid distortion of the Irish cattle market, to retain the measuresrelating to the export of beef and veal which it applied before acces-sion, in correlation with the system of subsidies applied in the United
Kingdom.
Section 13
Products Processed from Fruit and Vegetables
Article 94
Compensatory amounts shall be determined on the basis of the
compensatory amounts fixed for sugar, glucose, or glucose syrup, asthe case may be, and in accordance with the rules applicable for calcu-lating:
— the levy, in respect of the compensatory amount applicable to
imports,
— the refund, in respect of the compensatory amount applicable to
exports.
Section 14
Flax
Article 95
1. The amount of aid for flax shall, for the new Member States, be
fixed on the basis of the difference between the income to be obtainedby flax producers and the return resulting from the foreseeable market
price for this product.
2. The income to be received by flax producers shall be established
taking into account the price of competing products in the crop rotationin the new Member State in question and the relationship in the
Community as originally constituted between the income resulting
from flax production and that resulting from the production ofcompeting products.
Section 15
Seeds
Article 96
When an aid is granted for seed production, the amount of the aid may
be fixed, in respect of the new Member States, at a level different fromthat fixed for the Community as originally constituted if the income of
producers in a new Member State was previously appreciably different
from the income of producers in the Community as originally consti-tuted.
In that event, the amount of aid in respect of the new Member State
must take account of the income previously received by seed producersand of the need to avoid any distortion of production patterns, and theneed to align that amount gradually with the Community amount.
Section 16
Agricultural Products Exported in the Form of Goods not Covered by
Annex II to the EEC Treaty
Article 97
Compensatory amounts shall be determined on the basis of the
compensatory amounts fixed for the basic products and in accordancewith the rules applicable for the calculation of the refunds provided forin Regulation (EEC) No 204/69, establishing the general rulesconcerning the granting of export refunds and the rules for fixing the1972B0000 — EN — 01.01.1973 — 000.001 — 28
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amounts thereof, with respect to certain agricultural products exported
in the form of goods not covered by Annex II to the Treaty.
CHAPTER 3
Provisions relating to Fisheries
Section 1
Common Organization of the Market
Article 98
Articles 51 and 52 shall apply to the guide price for fisheries products.
The moves towards price alignment shall be made at the beginning ofthe fishing year, and for the first time on 1 February 1973.
Article 99
The compensatory amounts shall be corrected, to the extent necessary,
by the incidence of the customs duties.
Section 2
Fishing Rights
Article 100
1. Notwithstanding the provisions of Article 2 of Regulation (EEC)
No 2141/70 on the establishment of a common structural policy for thefishing industry, the Member States of the Community are authorized,
until 31 December 1982, to restrict fishing in waters under their sover-
eignty or jurisdiction, situated within a limit of six nautical miles,calculated from the base lines of the coastal Member State, to vesselswhich fish traditionally in those waters and which operate from ports inthat geographical coastal area; however, vessels from other regions ofDenmark may continue to fishin th e waters of Greenland until 31
December 1977 at the latest.
Member States may not, insofar as they avail themselves of this dero-
gation, adopt provisions dealing with conditions for fishing in those
waters which are less restrictive than those applied in practice at thetime of accession.
2. The provisions laid down in the preceding paragraph and in
Article 101 shall not prejudice the special fishing rights which each ofthe original Member States and the new Member States might haveenjoyed on 31 January 1971 in regard to one or more other Member
States; the Member States may exercise these rights for such time as
derogations continue to apply in the areas concerned. As regards thewaters of Greenland, however, the special rights shall expire on thedates laid down for these rights.
3. If a Member State extends its fishing limits in certain areas to
twelve nautical miles, the existing fishing activities within twelvenautical miles must be so pursued that there is no retrograde changeby comparison withth e situation on 31 January 1971.
4. In order to permit a satisfactory overall balance of fishing opera-
tions to be established within the Community during the period referred
to in the first paragraph, the Member States need not make full use of
the opportunities presented by the provisions of the first subparagraphof paragraph 1 in certain areas of the maritime waters under theirsovereignty or jurisdiction.
The Member States shall inform the Commission of the measures
which they adopt for this purpose; on a report from the Commission,the Council shall examine the situation and, in the light thereof, shall,where necessary, address recommendations to the Member States.1972B0000 — EN — 01.01.1973 — 000.001 — 29
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Article 101
The limit of six nautical miles referred to in Article 100 shall be
extended to twelve nautical miles for the following areas:
1.Denmark
— the Faroe Islands
— Greenland
— the west coast, from Thyboron to Blaavandshuk.
2.France
The coasts of the départements of Manche, Ille-et-Vilaine, Côtes-du-
Nord, Finistère and Morbihan.
3.Ireland
— the north and west coasts, from Lough Foyle to Cork Harbour in
the south-west
— the east coast, from Carlingford Lough to Carnsore Point, for crus-
taceans and molluscs (shell-fish).
4.United Kingdom
— The Shetlands and the Orkneys
— The north and east of Scotland, from Cape Wrath to Berwick
— The north-east of England, from the river Coquet to Flamborough
Head
— The south-west from Lyme Regis to Hartland Point (including
twelve nautical miles around Lundy Island)
— County Down.
Article 102
From the sixth year after accession at the latest, the Council, acting on
a proposal from the Commission, shall determine conditions for fishing
with a view to ensuring protection of the fishing grounds and conserva-
tion of the biological resources of the sea.
Article 103
Before 31 December 1982, the Commission shall present a report to
the Council on the economic and social development of the coastalareas of the Member States and the state of stocks. On the basis of
that report, and of the objectives of the common fisheries policy, the
Council, acting on a proposal from the Commission, shall examine theprovisions which could follow the derogations in force until 31December 1982.
CHAPTER 4
Other Provisions
Section 1
Veterinary Measures
Article 104
Directive No 64/432/EEC on veterinary health inspection questions in
intra-Community trade in bovine animals and swine shall be appliedaccount being taken of the following provisions:
1. Until 31 December 1977, the new Member States are authorized
to retain, in compliance with the general rules of the EEC Treaty, their
national rules on imports of bovine animals and swine for breeding,
store and slaughter with the exception, in the case of Denmark, ofslaughter cattle.
Adjustments will be sought, within the framework of those national
rules, to ensure the progressive development of trade; to this end, thoserules will be examined by the Standing Veterinary Committee.1972B0000 — EN — 01.01.1973 — 000.001 — 30
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2. Until 31 December 1977, the Member States into which cattle are
imported shall grant to the Member States from which cattle areexported the derogation provided for in Article 7(1)(A)(a) of the Direc-
tive.
3. Until 31 December 1977, the new Member States are authorized
to retain the methods applied in their territory for declaring a herd ofcattle officially free of tuberculosis or brucellosis within the meaning
of Article 2 of the Directive, subject to the application of the provi-
sions of the Directive relating to the presence of animals vaccinatedagainst brucellosis. The provisions relating to the tests laid down foranimals traded within the Community shall continue to apply, subjectto paragraphs 4 and 6.
4. Until 31 December 1977, exports of cattle from Ireland to the
United Kingdom may be carried out:
(a) by way of derogation from the provisions of the Directive relating
to brucellosis; however, the provisions relating to the test laid downfor animals traded within the Community shall continue to apply to
exports of uncastrated cattle;
(b) by way of derogation from the provisions of the Directive relating
to tuberculosis, provided that, at the time of export, a declaration ismade certifying that the exported animal comes from a herd
declared officially free of tuberculosis according to the methods in
force in Ireland;
(c) by way of derogation from the provisions of the Directive relating
to the obligation to separate breeding and store cattle on the one
hand and slaughter cattle on the other.
5. Until 31 December 1975, Denmark is authorized to use ‘alttuber-
culin’ by way of derogation from the provisions in Annex B to theDirective.
6. Until the implementation of the Community provisions
concerning trade within the Member States, in respect of the mattersgoverned by the Directive, Ireland and the United Kingdom are author-ized to retain their national rules governing trade between Ireland andNorthern Ireland.
The Member States concerned may take appropriate measures in order
to limit this derogation exclusively to the trade referred to above.
Article 105
Directive No 64/433/EEC on health protection questions in intra-
Community trade in freshmeat sh all apply, account being taken ofthe following provisions:
Until 31 December 1977, Ireland, and the United Kingdom in respect
of Northern Ireland, are authorised to retain for the import of freshmeat their national rules relating to protection against foot-and-mouthdisease, while complying with the general provisions of the EECTreaty.
Article 106
Before the expiry of the time limits referred to in Articles 104 and 105,
a review of the situation in the Community as a whole and in its
various parts will be carried out in the light of developments in theveterinary field.
By 1 July 1976 at the latest, the Commission shall submit a report to
the Council and, in so far as is necessary, appropriate proposals takingaccount of these developments.1972B0000 — EN — 01.01.1973 — 000.001 — 31
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Section 2
Miscellaneous Provisions
Article 107
The acts listed in Annex V to this Act shall apply in respect of the new
Member States under the conditions laid down in that Annex.
TITLE III
EXTERNAL RELATIONS
CHAPTER 1
Agreements of the Communities with certain Third Countries
Article 108
1. From the date of accession, the new Member States shall apply
the provisions of the agreements referred to in paragraph 3, taking
into account the transitional measures and adjustments which may
appear necessary and which will be the subject of protocols to beconcluded with the co-contracting third countries and annexed to thoseagreements.
2. These transitional measures, which will take into account the
corresponding measures adopted within the Community and whichmay not extend beyond the period of validity thereof, shall be designed
to ensure the progressive application by the Community of a single
system for its relations with the co-contracting third countries as wellas the identity of the rights and obligations of the Member States.
3. Paragraphs 1 and 2 shall apply to the agreements concluded with
Greece, Turkey, Tunisia, Morocco, Israel, Spain and Malta.
Paragraphs 1 and 2 shall also apply to agreements which the Commu-
nity concludes with other third countries in the Mediterranean regionbefore the entry into force of this Act.
CHAPTER 2
Relations with the Associated African and Malagasy States and
with certain Developing Commonwealth Countries
Article 109
1. The arrangements resulting from the Convention of Association
between the European Economic Community and the African and
Malagasy States associated withth at Community, signed on 29 July
1969, and from the Agreement establishing an Association betweenthe European Economic Community and the United Republic ofTanzania, the Republic of Uganda and the Republic of Kenya, signedon 24 September 1969, shall not apply in relations between the newMember States and the States associated with the Community under
the above acts.
The new Member States need not accede to the Agreement on products
within the competence of the European Coal and Steel Community,
signed on 29 July 1969.
2. Subject to the provisions of Articles 110 and 111, products origi-
nating in the Associated States referred to in paragraph 1 shall, onimportation into the new Member States, be subject to the arrange-ments applied to those products before accession.
3. Subject to the provisions of Articles 110 and 111, products origi-
nating in the independent Commonwealth countries listed in Annex VIto this Act shall, on importation into the Community, be subject to thearrangements applied to those products before accession.1972B0000 — EN — 01.01.1973 — 000.001 — 32
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Article 110
For those products listed in Annex II to the EEC Treaty which are
subject to a common organization of the market and for those products
subject on importation into the Community to specific rules as a resultof the implementation of the common agricultural policy, which origi-nate in the Associated States referred to in Article 109(1) or in theindependent Commonwealthcountries referred to in Article 109(3),the new Member States shall apply on importation the Community
rules under the conditions laid down in this Act and subject to the
following provisions:
(a) where the Community rules provide for the levying of customs
duties on imports from third countries, the new Member Statesshall, subject to the provisions of Article 111, apply the tariff
arrangements which they applied before accession;
(b) as regards protective components other than customs duties, the
Council shall, acting by a qualified majority on a proposal fromthe Commission, determine, should it prove necessary, adaptations
to Community rules designed to ensure that those products are
imported under conditions similar to those existing before acces-sion.
Article 111
Where alignment with the Common Customs Tariff leads to the reduc-
tion of a customs duty in a new Member State, the reduced customs
duty shall apply to imports covered by Articles 109 and 110.
Article 112
1. Products imported into the United Kingdom before the dates
determined under Article 115 which originate in the independentCommonwealth countries referred to in Article 109(3) shall not, whenthey are re-exported to another new Member State or to the Commu-
nity as originally constituted, be considered to be in free circulation
within the meaning of Article 10 of the EEC Treaty.
2. Products imported into the Community as originally constituted
during that same period which originated in the Associated Statesreferred to in Article 109(1) shall not, when re-exported to another
Member State, be considered to be in free circulation in the Commu-
nity as originally constituted, within the meaning of Article 10 of theEEC Treaty.
3. Where there is no risk of deflection of trade, and in particular in
the event of minimal disparities in the import arrangements, theCommission may derogate from paragraphs 1 and 2.
Article 113
1. From accession, the new Member States shall communicate to the
original Member States and the Commission the provisions concerningthe arrangements which they apply to imports of products originatingin or coming from the independent Commonwealth countries referredto in Article 109(3) or the Associated States referred to in Article
109(1).
2. From accession, the Commission shall communicate to the new
Member States the internal or conventional provisions concerningarrangements applicable to imports into the Community as originallyconstituted of products originating in or coming from the independent
Commonwealthcountries referred to in Article 109(3) or th e Asso-
ciated States referred to in Article 109(1).
Article 114
When the Council takes decisions and when the Committee of the
European Development Fund gives opinions within the framework ofthe Internal Agreement on measures to be taken and procedures to befollowed for the implementation of the Convention of Association1972B0000 — EN — 01.01.1973 — 000.001 — 33
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between the European Economic Community and the African and
Malagasy States associated withth at Community, signed on 29 July1969, of the Internal Agreement on the financing and administration
of Community aid, signed on 29 July 1969, and of the Internal Agree-
ment on measures to be taken and procedures to be followed for theimplementation of the Agreement establishing an Association betweenthe European Economic Community and the United Republic ofTanzania, the Republic of Uganda and the Republic of Kenya, signed
on 24 September 1969, only the votes of the original Member States
shall be counted, as the case may be, either in accordance with theweighted voting in force before accession for calculating a qualifiedmajority or in accordance withArticle 13(3) of th e above-mentionedInternal Agreement on the financing and administration of Communityaid.
Article 115
1. Articles 109 to 114 shall apply until 31 January 1975.
2. However, imports originating in any independent Commonwealth
country referred to in Article 109(3) which has before that date, estab-lished its relations with the Community on a basis other than
association shall be subject in the new Member States from the date
of entry into force of its agreement withth e Community and in respectof matters not covered by that agreement, to the third country arrange-ments applicable to those imports taking into account the transitionalprovisions of this Act.
3. The Council may, acting unanimously after consulting the
Commission, decide to defer the date laid down in paragraph 1 in theevent of implementation of the transitional provisions laid down in thesecond paragraphof Article 62 of th e Convention of Association
between the European Economic Community and the African and
Malagasy States associated withth at Community, signed on 29 July1969, or in the second paragraph of Article 36 of the Agreement estab-lishing an Association between the European Economic Communityand the United Republic of Tanzania, the Republic of Uganda and the
Republic of Kenya, signed on 24 September 1969, for the period
during which such transitional provisions are being implemented.
CHAPTER 3
Relations with Papua-New Guinea
Article 116
1. Articles 109(3) and 110 to 113 shall apply until 31 December
1977 to products originating in or coming from Papua-New Guineaimported into the United Kingdom.
2. These arrangements may be reviewed, in particular if that terri-
tory becomes independent before 1 January 1978. The Council shall,acting by a qualified majority on a proposal from the Commission,
adopt, if the need arises, such provisions as are appropriate and may
prove necessary.
TITLE IV
ASSOCIATION OF OVERSEAS COUNTRIES AND TERRI-
TORIES
Article 117
1. The association of the non-European territories ►
C1maintaining
special relations with the United Kingdom and of the Anglo-FrenchCondominium of the New Hebrides ◄, listed in Article 24 (2), shall
take effect on 1 February 1975 at the earliest upon a decision of theCouncil taken under Article 136 of the EEC Treaty.1972B0000 — EN — 01.01.1973 — 000.001 — 34
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2. The new Member States need not accede to the Agreement on
trade with overseas countries and territories in products within theprovince of the European Coal and Steel Community, signed on 14
December 1970.
Article 118
The provisions of the third part of Protocol No 22 on relations between
the European Economic Community and the Associated African and
Malagasy States and the independent developing Commonwealth coun-
tries situated in Africa, the Indian Ocean, the Pacific Ocean and theCaribbean shall apply both to the overseas countries and territoriesreferred to in Article 117 and to the non-European countries and terri-tories maintaining special relations withth e original Member States.
Article 119
1. The arrangements resulting from the Council Decision of 29
September 1970 on the association of the overseas countries and terri-tories with the European Economic Community shall not apply inrelations between those countries and territories and the new Member
States.
2. Products originating in the countries and territories associated
with the Community shall, on importation into the new Member States,be subject to the arrangements applied to those products before acces-
sion.
Products originating in the non-European territories maintaining special
relations with the United Kingdom and in the Anglo-French Condomi-
nium of the New Hebrides, listed in Article 24 (2), shall, onimportation into the Community, be subject to the arrangementsapplied to those products before accession.
Articles 110 to 114 shall apply.
3. This Article shall apply until 31 January 1975. If Article 115(3) is
applied, this date may be deferred in accordance with the procedure
and under the conditions laid down in that Article.
TITLE V
CAPITAL MOVEMENTS
Article 120
1. The new Member States may, under the conditions and within the
time limits in Articles 121 to 126, defer the liberalization of capitalmovements provided for in the First Council Directive of 11 May1960 for the implementation of Article 67 of the EEC Treaty and in
the Second Council Directive of 18 December 1962 adding to and
amending the First Directive for the implementation of Article 67 ofthe EEC Treaty.
2. Appropriate consultations shall take place in due course between
the new Member States and the Commission about procedures for
applying measures of liberalization or relaxation, the implementationof which may be deferred under the following provisions.
Article 121
1. Denmark may:
(a) for a period of two years after accession, defer the liberalization of
purchases by non-residents of bonds denominated in Danish kronerand dealt in on the stock exchange in Denmark, including physicaltransfers of the securities in question;
(b) for a period of five years after accession, defer the liberalization of
purchases by persons resident in Denmark of foreign securitiesdealt in on the stock exchange and of repurchases from abroad of1972B0000 — EN — 01.01.1973 — 000.001 — 35
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Danish securities dealt in on the stock exchange, denominated
entirely or partly in foreign currency, including physical transfersof the securities in question.
2. From the date of accession, Denmark will proceed to a progres-
sive liberalization of the operations referred to in paragraph 1(a).
Article 122
1. Ireland may:
(a) for a period of two years after accession, defer the liberalization of
direct investments in Member States by persons resident in Irelandand the liberalization of the liquidation of direct investments inMember States by persons resident in Ireland;
(b) for a period of thirty months after accession, defer the liberalization
of the following capital movements of a personal nature:
— transfers of capital belonging to persons resident in Ireland who
are emigrating, other than transfers connected with freedom of
movement for workers which shall be liberalized from the date
of accession;
— gifts and endownments, dowries, succession duties, and real
estate investments other than those connected with freedom ofmovement for workers which shall be liberalized from the dateof accession;
(c) for a period of five years after accession, defer the liberalization of
the operations set out in List B annexed to the Directives referredto in Article 120 and carried out by persons resident in Ireland.
2. Recognizing that it is desirable to proceed, from the date of
accession, to a substantial relaxation in the rules concerning the opera-tions referred to in paragraph1(a), Ireland will endeavour to takeappropriate measures to this end.
Article 124
1. The United Kingdom may:
(a) for a period of two years after accession, defer the liberalization of
direct investments in Member States by persons resident in theUnited Kingdom and the liberalization of the liquidation of directinvestments in Member States by persons resident in the United
Kingdom;
(b) for a period of thirty months after accession, defer the liberalization
of the following capital movements of a personal nature:
— transfers of capital belonging to persons resident in the United
Kingdom who are emigrating, other than transfers connected
with freedom of movement for workers which shall be liberal-
ized from the date of accession;
— gifts and endowments, dowries, succession duties, and real
estate investments other than those connected with freedom ofmovement for workers which shall be liberalized from the dateof accession;
(c) for a period of five years after accession, defer the liberalization of
the operations set out in List B annexed to the Directives referred
to in Article 120, and carried out by persons resident in the United
Kingdom.
2. From the date of accession, the United Kingdom will proceed to a
substantial relaxation in the rules concerning the operations referred toin paragraph1(a).1972B0000 — EN — 01.01.1973 — 000.001 — 36
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Article 125
The new Member States will, circumstances permitting, carry out the
liberalization of capital movements referred to in Articles 121 to 124before the expiry of the time limits laid down in those Articles.
Article 126
For the purpose of implementing the provisions of this Title, the
Commission may consult the Monetary Committee and submit appro-priate proposals to the Council.
TITLE VI
FINANCIAL PROVISIONS
Article 127
The Decision of 21 April 1970 on the replacement of financial contri-
butions from Member States by the Communities' own resources,hereinafter referred to as the ‘Decision of 21 April 1970’, shall be
applied, account being taken of the following provisions.
Article 128
The revenue referred to in Article 2 of the Decision of 21 April 1970
shall also include:
(a) among those designated as agricultural levies, the revenue from any
compensatory amount levied on imports under articles 47 and 55,and from the fixed components applied in trade between the
Community as originally constituted and the new Member States
and between the new Member States themselves under Article 61;
(b) among those designated as customs duties, the customs duties
levied by the new Member States in trade with non-member States,and also customs duties levied in trade between the Community asoriginally constituted and the new Member States and between the
new Member States themselves.
Article 129
1. The financial contributions from Member States referred to in
Article 3 (2) of the Decision of 21 April 1970 shall be apportioned asfollows:
— for the new Member States:
Denmark 2·46 %
Ireland 0·61 %
United Kingdom 19·32 %
— and for the original Member States, in accordance with the scale
laid down in Article 3 (2) of the Decision of 21 April 1970, afterthe financial contributions of the new Member States specifiedabove have been deducted.
2. For 1973, the basis for calculating the variations referred to in
Article 3(3) of the Decision of 21 April 1970 shall be:
— for the new Member States, the percentages referred to in paragraph
1;
— for the original Member States, their relative share for the
preceding year, account being taken of the percentages for the new
Member States specified above.
Article 130
The Communities' own resources and also the financial contributions
and, where appropriate, the contributions referred to in Article 4(2),1972B0000 — EN — 01.01.1973 — 000.001 — 37
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(3) and (4) of the Decision of 21 April 1970 shall be due from the new
Member States to the following extent only:
45.0% in 1973
56.0% in 1974
67.5% in 1975
79.5% in 1976
92.0% in 1977.
Article 131
1. From 1 January 1978, the Communities' own resources and,
where appropriate, the financial contributions referred to in Article
4(2)(3) and (4) of the Decision of 21 April 1970, shall be due from
the new Member States, in full, subject to the following provisions:
(a) The increase in the relative share to be paid by each new Member
State under the head of the Communities' own resources and of thefinancial contributions for 1978 in comparison withth e relativeshare due for 1977, shall not exceed two-fifths of the difference
between the relative share due under the head of the Communities'
own resources and of the financial contributions for 1977 and therelative share which each new Member State would have had topay under the same head for the same year, if this relative sharehad been calculated in accordance with the arrangements laid
down for the original Member States from 1978 by the Decision
of 21 April 1970.
(b) For 1979, the increase in the relative share of each new Member
State in comparison with 1978 shall not exceed that for 1978 in
comparison with1977.
2. The Commission shall carry out the calculations necessary for the
application of this Article.
Article 132
Until 31 December 1979, that part of the Communities' budget which is
not covered as a result of applying Articles 130 and 131 shall be incor-
porated into the amount apportioned for the original Member States in
accordance with Article 129. The total amount thus determined shall beapportioned among the original Member States in accordance with theDecision of 21 April 1970.
TITLE VII
OTHER PROVISIONS
Article 133
The acts listed in Annex VII to this Act shall apply in respect of the
new Member States under the conditions laid down in that Annex.
Article 134
1. During the five years following accession, the Commission will
examine, with the Governments concerned, whether existing measuresarising from provisions laid down by law, regulation or administrative
action in force in the new Member States, which had they been intro-
duced after accession would have fallen within the scope of Article 67of the ECSC Treaty, could, by comparison with the measures in forcein the original Member States, give rise to serious distortions in condi-tions of competition in the coal and steel industries whether within the
common market or in export markets. The Commission may, after
consulting the Council, propose to the Governments concerned anyaction which it considers appropriate to correct such measures or tooff set their effects.
2. Until 31 December 1977, the prices charged by undertakings for
sales of steel on the Irish market, reduced to their equivalent at the1972B0000 — EN — 01.01.1973 — 000.001 — 38
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point chosen for their price list, may not be below the prices shown in
the price list in question for comparable transactions, save whenauthorization has been given by the Commission, in agreement with
the Government of Ireland, without prejudice to the last subparagraph
of Article 60(2)(b) of the ECSC Treaty.
3. If Decision No 1-64 of the High Authority of 15 January 1964
prohibiting alignment on quotations for steel products and pig ironfrom State-trading countries or territories is extended after accession,that prohibition shall not apply until 31 December 1975 to productsfor the Danish market.
Article 135
1. If, before 31 December 1977, 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 authorization to take protectivemeasures in order to rectify the situation and adjust the sectorconcerned to the economy of the common market.
2. On application by the State concerned, the Commission shall, by
emergency procedure, determine without delay the protective measures
which it considers necessary, specifying the circumstances and themanner in which they are to be put into effect.
3. The measures authorized under paragraph 2 may involve deroga-
tions from the rules of the EEC Treaty and of this Act to such an
extent and for suchperiods as are strictly necessary in order to attain
the objectives referred to in paragraph 1. Priority shall be given tosuch measures as will least disturb the functioning of the commonmarket.
4. In the same circumstances and according to the same procedure,
any original Member State may apply for authorization to take protec-
tive measures in regard to one or more new Member States.
Article 136
1. If, before 31 December 1977, the Commission, on application by
a Member State or by any other interested party, finds that dumping is
being practised between the Community as originally constituted and
the new Member States or between the new Member States themselves,it shall address recommendations to the person or persons with whomsuch practices originate for the purpose of putting an end to them.
Should the practices continue, the Commission shall authorize the
injured Member State or States to take protective measures, the condi-
tions and details of which the Commission shall determine.
2. For the application of this Article to the products listed in Annex
II to the EEC Treaty, the Commission shall evaluate all relevantfactors, in particular the level of prices at which these products are
imported into the market in question from elsewhere, account being
taken of the provisions of the EEC Treaty relating to agriculture, inparticular Article 39.
Article 137
1. Notwithstanding Article 136, Ireland may, until 31 December
1977, take the necessary measures in cases of extreme urgency. It shall
forthwith notify such measures to the Commission, which may decideto abolishor modify th em.
2. This provision shall not apply to the products in Annex II to the
EEC Treaty.1972B0000 — EN — 01.01.1973 — 000.001 — 39
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Article 138
Notwithstanding the second paragraph of Article 95 of the EEC Treaty,
Denmark may retain until 30 June 1974 the special excise duties on
table wines imported in bottles or other similar containers.
PART FIVE
PROVISIONS RELATING TO THE IMPLEMENTATION OF
THIS ACT
TITLE I
SETTING UP OF THE INSTITUTIONS
Article 139
1. The Parliaments of the new Member States shall, upon accession,
designate their delegates to the Assembly.
2. The Assembly shall meet at the latest one month after accession.
It shall make such adaptations to its rules of procedure as are madenecessary by accession.
Article 140
1. Upon accession, the office of President of the Council shall be
held by the member of the Council who would have held that office
in accordance with the original text of Article 2 of the Treaty estab-
lishing a Single Council and a Single Commission of the EuropeanCommunities. On expiry of this term of office, the office of Presidentshall then be held in the order of Member States laid down in theArticle referred to above as amended by Article 11.
2. The Council shall make such adaptations to its rules of procedure
as are made necessary by accession.
Article 141
1. The President, the Vice-Presidents and the members of the
Commission, shall be appointed upon accession. The Commission shalltake up its duties on the fifth day after its members have beenappointed. The terms of office of the members in office at the time ofaccession shall terminate at the same time.
2. The Commission shall make such adaptations to its rules of
procedure as are made necessary by accession.
Article 142
1. Upon accession, new judges shall be appointed to the Court of
Justice in order to bring the number of judges up to nine as providedfor in Article 17 of this Act.
2. The term of office of one of the judges appointed in accordance
with paragraph 1 shall expire on 6 October 1976. That judge shall be
chosen by lot. The term of office of the other judge shall expire on 6
October 1979.
3. Upon accession, a third Advocate-General shall be appointed. His
term of office shall expire on 6 October 1979.
4. The Court shall make such adaptations to its rules of procedure as
are made necessary by accession. The rules of procedure as adapted
shall require the unanimous approval of the Council.
5. In order to give judgment in cases pending before the Court on 1
January 1973 in respect of which oral proceedings have started beforethat date, the full Court and the Chambers shall be composed as beforeaccession and shall apply the rules of procedure in force on 31December 1972.1972B0000 — EN — 01.01.1973 — 000.001 — 40
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Article 143
Upon accession, the Economic and Social Committee shall be enlarged
by the appointment of forty-two members representing the various
categories of economic and social activity in the new Member States.
The terms of office of the members thus appointed shall expire at thesame time as those of the members in office at the time of accession.
Article 144
Upon accession, the Consultative Committee of the European Coal and
Steel Community shall be enlarged by the appointment of additionalmembers. The terms of office of the members thus appointed shallexpire at the same time as those of the members in office at the time
of accession.
Article 145
Upon accession, the members of the Scientific and Technical
Committee shall be appointed in accordance with the procedure laiddown in Article 134 of the Euratom Treaty. The Committee shall takeup its duties on the fifth day after its members have been appointed.The terms of office of the members in office at the time of accessionshall expire at that time.
Article 146
Upon accession, the Monetary Committee shall be enlarged by the
appointment of members representing the new Member States. Their
terms of office shall expire at the same time as those of the members
in office at the time of accession.
Article 147
Adaptations to the Rules of the Committees established by the original
Treaties and to their rules of procedure, necessitated by accession, shallbe made as soon as possible after accession.
Article 148
1. The terms of office of the new members of the Committees listed
in Annex VIII shall expire at the same time as those of the members inoffice at the time of accession.
2. Upon accession, the membership of the Committees listed in
Annex IX shall be completely renewed.
TITLE II
APPLICABILITY OF THE ACTS OF THE INSTITUTIONS
Article 149
From accession, the new Member States shall be considered as being
addressees of and as having received notification of directives and
decisions within the meaning of Article 189 of the EEC Treaty and of
Article 161 of the Euratom Treaty, and of recommendations and deci-sions within the meaning of Article 14 of the ECSC Treaty, providedthat those directives, recommendations and decisions have been noti-fied to all the original Member States.
Article 150
The application in each new Member State of the acts listed in Annex
X to this Act shall be deferred until the dates specified in that list.1972B0000 — EN — 01.01.1973 — 000.001 — 41
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Article 151
1. The following shall be deferred until 1 February 1973:
(a) the application to the new Member States of the Community rules
established for production of and trade in agricultural products and
for trade in certain goods processed from agricultural products
which are the subject of special arrangements;
(b) the application to the Community as originally constituted of the
amendments made to these rules by this Act, including those
arising from Article 153.
2. Paragraph 1 shall not apply to the adaptations referred to in Part
II, point A, of Annex I, referred to in Article 29 of this Act.
3. Until 31 January 1973, the arrangements applicable to trade
between, on the one hand, a new Member State and, on the otherhand, the Community as originally constituted, the other new MemberStates or third countries shall be those applied before accession.
Article 152
The new Member States shall put into effect the measures necessary
for them to comply from the date of accession with the provisions of
directives and decisions within the meaning of Article 189 of the EECTreaty and of Article 161 of the Euratom Treaty, and with recommen-dations and decisions within the meaning of Article 14 of the ECSCTreaty, unless a time limit is provided for in the list in Annex XI orin any other provisions of this Act.
Article 153
1. Adaptations to the acts of the institutions of the Communities not
included in this Act or its Annexes, made by the institutions before
accession in accordance withth e procedure in paragraph2 to bringthose acts into line with the provisions of this Act, in particular thoseof Part Four, shall enter into force on accession.
2. The Council, acting by a qualified majority on a proposal from
the Commission, or the Commission, according to which of these two
institutions adopted the original act, shall to this end draw up the
necessary texts.
Article 154
Notwithstanding Article 3(3), the principles concerning the general
arrangements for regional aid, elaborated within the framework of theapplication of Articles 92 to 94 of the EEC Treaty and contained in thecommunication of the Commission of 23 June 1971 and also in theresolution of the Representatives of the Governments of the Member
States, meeting in Council, of 20 October 1971, shall apply to the
new Member States on 1 July 1973 at the latest.
These texts will be supplemented to take account of the new situation
of the Community after accession, so that all the Member States are inthe same situation in regard to them.
Article 155
The texts of the acts of the institutions of the Communities adopted
before accession and drawn up by the Council or the Commission in
the Danish and English languages shall, from the date of accession, beauthentic under the same conditions as the texts drawn up in the fouroriginal languages. They shall be published in the Official Journal of
the European Communities if the texts in the original languages were
so published.1972B0000 — EN — 01.01.1973 — 000.001 — 42
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Article 156
Agreements, decisions and concerted practices in existence at the time
of accession which come within the scope of Article 65 of the ECSC
Treaty by reason of accession must be notified to the Commission
within three months of accession. Only agreements and decisionswhich have been notified shall remain provisionally in force until adecision has been taken by the Commission.
Article 157
Provisions laid down by law, regulation or administrative action
designed to ensure the protection of the health of the workers and thegeneral public in the territories of the new Member States against thedangers arising from ionizing radiations shall, in accordance with
Article 33 of the Euratom Treaty, be communicated by those States to
the Commission within three months of accession.
TITLE III
FINAL PROVISIONS
Article 158
Annexes I to XI, Protocols Nos 1 to 30 and the Exchange of Letters on
Monetary Questions, which are attached to this Act, shall form an inte-gral part thereof.
Article 159
The Government of the French Republic shall transmit a certified copy
of the Treaty establishing the European Coal and Steel Community andthe Treaties amending that Treaty to the Governments of the Kingdomof Denmark, Ireland and the United Kingdom of Great Britain and
Northern Ireland.
Article 160
The Government of the Italian Republic shall transmit a certified copy
of the Treaty establishing the European Economic Community, theTreaty establishing the European Atomic Energy Community and theTreaties amending or supplementing them in the Dutch, French,German and Italian languages to the Governments of the Kingdom ofDenmark, Ireland and the United Kingdom of Great Britain and
Northern Ireland.
The texts of the Treaty establishing the European Economic Commu-
nity and the Treaty establishing the European Atomic EnergyCommunity, and the Treaties amending or supplementing them, drawnup in the Danish, English, Irish and Norwegian languages, shall beannexed to this Act. The texts drawn up in the Danish, English and
Irish languages shall be authentic under the same conditions as the
original texts of the Treaties referred to above.
Article 161
A certified copy of the international agreements deposited in the
archives of the Secretariat of the Council of the European Communitiesshall be transmitted to the Governments of the new Member States bythe Secretary-General.1972B0000 — EN — 01.01.1973 — 000.001 — 43
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ANNEX I
List referred to in Article 29 of the Act of Accession
I. CUSTOMS LEGISLATION
1.Council Regulation (EEC) No 802/68 of 27 June 1968
OJ No L 148/1, 28 June 1968
In Article 14(2), the word ‘twelve’ is replaced by the word ‘ ►M1
forty-one ◄’.
2.Council Regulation (EEC) No 803/68 of 27 June 1968
OJ No L 148/6, 28 June 1968
Article 6(2) is replaced by the following:
‘2. For goods introduced into the territory of a Member State
and then carried to a destination in another Member State, throughthe territory of a third country, or by sea after passing through theterritory of a Member State, the place of introduction into the
Community to be taken into consideration shall be determined in
accordance withth e procedure laid down in Article 17.’
The first subparagraph of Article 6(3)is replaced by the following:
‘3. For goods introduced into the customs territory of the
Community and carried directly from one of the French overseasdepartments or Greenland to another part of the customs territoryof the Community or vice versa, the place of introduction to be
taken into consideration shall be the place referred to in paragraphs
1 and 2 situated in that part of the customs territory of the Commu-nity from which the goods came, if they were unloaded ortranshipped there and this was certified by the Customs authorities.’
In Article 17(2), the word ‘twelve’ is replaced by the word ‘ ►
M1
forty-one ◄’.
3.Council Regulation (EEC) No 950/68 of 28 June 1968
OJ No L 172/1, 22 July 1968
Point C.3. in Title I of Part I of the Annex is replaced by the following
text:
‘The unit of account (ua) used for certain specific customs duty
rates or as a criterion for the purpose of determining the applicationof certain headings or subheadings has a value of 0.88867088
grammes of fine gold. The exchange rate to be taken to convert
the unit of account into Belgian francs, Danish kroner, Dutchguilders, Frenchfrancs, German marks Irishpounds, Italian lire,Luxembourg francs ►
M1 ◄or pounds sterling shall
be that corresponding to the par value communicated to and recog-nized by the International Monetary Fund in respect of these
currencies.’
4.Council Regulation (EEC) No 1496/68 of 27 September 1968
OJ No L 238/1, 28 September 1968
Article 1 is replaced by the following:
‘The customs territory of the Community shall comprise the
following territories:
— the territory of the Kingdom of Belgium;
— the territory of the Kingdom of Denmark, except the Faroe
Islands;
— the German territories to which the Treaty establishing the
European Economic Community applies, except the Island of
Heligoland and the territory of Büsingen (Treaty of 23November 1964 between the Federal Republic of Germany andthe Swiss Confederation);
— the territory of the French Republic, except overseas territories;1972B0000 — EN — 01.01.1973 — 000.001 — 44
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— the territory of Ireland;
— the territory of the Italian Republic, except the communes of
Livigno and Campione d'Italia and the national waters of LakeLugano which are between the bank and the political frontier of
the area between Ponte Tresa and Porto Ceresio;
— the territory of the Grand Duchy of Luxembourg;— the territory of the Kingdom of the Netherlands in Europe;
— the territory of the United Kingdom of Great Britain and
Northern Ireland and of the Channel Islands and the Isle ofMan.’
5.Commission Regulation (EEC) No 1769/68 of 6 November 1968
OJ No L 285/1, 25 November 1968
In the Annex, the first subparagraph of paragraph 3 of the Introductory
Notes is replaced by the following:
‘As regards the French overseas departments of Guadeloupe,
Guiana, Martinique and Reunion, and as regards Greenland, ofwhich territories the airports are not included in the list, thefollowing rules shall apply:
(a) for goods shipped direct from third countries to these terri-
tories, the whole of the cost of air transport to these airports is
to be included in the value for customs purposes;
(b) for goods shipped from third countries to the European part of
the Community and transhipped or unloaded in one of those
territories, the air transport costs which would have been
incurred for carrying the goods only as far as the airport oftranshipment or unloading are to be included in the value forcustoms purposes;
(c) for goods shipped from third countries to those territories and
transhipped or unloaded in an airport in the European part ofthe Community, the air transport costs to be included in thevalue for customs purposes are those which result from theapplication of the percentages given in the following list to the
costs which would have been incurred for carrying the goods
from the airport of departure to the airport of transhipment orunloading.’
6.Council Regulation (EEC) No 97/69 of 16 January 1969
OJ No L 14/1, 21 January 1969
In Article 3(2), the word ‘twelve’ is replaced by the word ‘ ►
M1forty-
one◄’
7.Council Regulation (EEC) No 542/69 of 18 March1969
OJ No L 77/1, 29 March1969
Subparagraph(d) of Article 11 is replaced by th e following:
‘(d) “office of transit” means:
— the customs office at the point of entry into a Member
State other than the Member State of departure,
— also the office at the point of exit from the Community
when the consignment is leaving the customs territory ofthe Community in the course of a Community transit
operation via a frontier between a Member State and a
third country.’
Subparagraph(g) of Article 11is replaced by th e following:
‘(g) “internal frontier” means a frontier common to two Member
States.
Goods loaded in a seaport of a Member State and unloaded in
a seaport of another Member State shall be deemed to have1972B0000 — EN — 01.01.1973 — 000.001 — 45
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crossed an internal frontier provided that the sea crossing is
covered by a single transport document.
Goods coming from a third country by sea and transhipped in
a seaport of a Member State witha view to unloading in aseaport of another Member State shall not be deemed to have
crossed an internal frontier.’
A new paragraph, worded as follows, is inserted in Article 41:
‘3. The provisions of paragraph 1 shall likewise apply to goods
crossing an internal frontier in accordance withth e second subpar-
agraphof Article 11(g).’
Article 44 is replaced by the following:
‘1. Notwithstanding the provisions of Article 4, goods the trans-
port of which involves crossing an internal frontier within the
meaning of the second subparagraph of Article 11(g) need not be
placed under the Community transit system before crossing thesaid frontier.
2. The provisions of paragraph 1 shall not apply:
— where goods are subject to Community measures entailing
control of their use or destination; or
— where the transport operation is to end in a Member State other
than that in which the port of unloading is situated, save where
transport beyond that port is to be effected, in pursuance of the
second subparagraph of Article 7(2), under the Rhine Manifestprocedure.
3. Where goods have been placed under the Community transit
system before crossing the internal frontier, the effect of that
system shall be suspended during the crossing of the high seas.
4. No guarantee need be lodged in respect of the transport of
goods by sea.’
In Article 47, the words ‘… pursuant to the provisions of the second
subparagraphof Article 44(1)’ are replaced by: ‘pursuant to th e provi-sions of Article 44’.
In Article 58(2) the word ‘twelve’ is replaced by the word ‘ ►
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forty-one ◄’.
The initials ‘EC’ and ‘EF’ are inserted in the heading of each form in
Annex A.
The initials ‘EC’ and ‘EF’ are inserted in the heading of each form in
Annex B.
The initials ‘EC’ and ‘EF’ are inserted in the heading of each form in
Annex C.
The initials ‘EC’ and ‘EF’ are inserted in the heading of each form in
Annex D.
The initials ‘EC’and ‘EF’ are inserted in the heading of each form in
Annex E.
The initials ‘EC’ and ‘EF’ are inserted in the heading of Specimen I in
Annex F.1972B0000 — EN — 01.01.1973 — 000.001 — 46
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Point I.1. of Specimen I in Annex F is replaced by the following:
‘
►(1)M1
’.1972B0000 — EN — 01.01.1973 — 000.001 — 47
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The initials ‘EC’ and ‘EF’ are inserted in the heading of Specimen II in
Annex F.
Point I.1. of Specimen II in Annex F is replaced by the following:
‘
►(1)M1
’
The initials ‘EC’ and ‘EF’ are inserted in the heading of the form in
Annex G.
On the first page of the form in Annex G, ►M1three◄dotted lines
are inserted after the words ‘the following … Member States of the
European Communities:’.
The initials ‘EC’ and ‘EF’ are inserted in the specimen label in Annex
H.
8.Commission Regulation (EEC) No 582/69 of 26 March1969
OJ No L 79/1, 31 March1969
In the Annex, the following words are inserted in the heading of the
‘CERTIFICATE OF ORIGIN’ form and the copy of that form:
‘EUROPEAN COMMUNITIES’‘DE EUROPÆISKE FÆLLESSKABER’
9.Commission Regulation (EEC) No 1062/69 of 6 June 1969
OJ No L 141/31, 12 June 1969
In the Annex, the wording of the ‘CERTIFICATE’ the form of which
is to be determined by the Commission, is replaced by the following:1972B0000 — EN — 01.01.1973 — 000.001 — 48
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►(1) (2) (3) (4) (5)M11972B0000 — EN — 01.01.1973 — 000.001 — 49
▼B
►(1) (2) (3) (4) (5) (6)M11972B0000 — EN — 01.01.1973 — 000.001 — 50
▼B
►(1) (2) (3) (4) (5)M11972B0000 — EN — 01.01.1973 — 000.001 — 51
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10.Commission Regulation (EEC) No 1617/69 of 31 July 1969
OJ No L 212/1, 25 August 1969
The initials ‘EC’ and ‘EF’ are inserted in the heading of the form in
the Annex.
11.Commission Regulation (EEC) No 2311/69 of 19 November 1969
OJ No L 295/1, 24 November 1969
The initials ‘EC’ and ‘EF’ are inserted in the heading of the form in
Annex I.
Point I.1. of the specimen in Annex I is replaced by the following:
‘
►(1)M1
’
Three dotted lines numbered 6, 7 and 8 are inserted in the table
contained in point I.4. of that specimen.
The initials ‘EC’ and ‘EF’ are inserted in the heading of the form in
Annex II.
12.Commission Regulation (EEC) No 2312/69 of 19 November 1969
OJ No L 295/6, 24 November 1969
The initials ‘EC’ and ‘EF’ are inserted in the heading of the form in
the Annex.
The words:
‘RECEIPT’
‘ANKOMSTBEVIS’
in the title of that form.
13.Commission Regulation (EEC) No 2313/69 of 19 November 1969
OJ No L 295/8, 24 November 19691972B0000 — EN — 01.01.1973 — 000.001 — 52
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In Article 5(3) the words:
‘ISSUED RETROACTIVELY’‘UDSTEDT EFTERFØLGENDE’
are inserted after ‘Achteraf afgegeven’.
The initials ‘EC’ and ‘EF’ are inserted in the heading of the form in
the Annex.
14.Commission Regulation (EEC) No 2314/69 of 19 November 1969
OJ No L 295/13, 24 November 1969
The initials ‘EC’ and ‘EF’ are inserted in the heading of the form in
the Annex.
The words:
‘TRANSIT ADVICE NOTE’‘GRÆNSEOVERGANGSATTEST’
are inserted in the heading of that form.
15.Commission Regulation (EEC) No 2315/69 of 19 November 1969
OJ No L 295/14, 24 November 1969
The initials ‘EC’ and ‘EF’ are inserted in the heading of the form in
the Annex.
16.Commission Regulation (EEC) No 2552/69 of 17 December 1969
OJ No L 320/19, 20 December 1969
In Annex I, the wording of the ‘Certificate of authenticity’, the form of
which is determined by the Commission, is replaced by the following:1972B0000 — EN — 01.01.1973 — 000.001 — 53
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▼B
ANNEX I — ANNEXE I — ANHANG I — ALLEGATO I — BIJLAGE
I—►M1 ◄
►(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)(11) (12)(13) (14) (15)(16)M11972B0000 — EN — 01.01.1973 — 000.001 — 54
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►(1) (2) (3) (4) (5) (6) (7)M11972B0000 — EN — 01.01.1973 — 000.001 — 55
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17.Commission Regulation (EEC) No 2588/69 of 22 December 1969
OJ No L 322/32, 24 December 1969
as amended by:
—Commission Regulation (EEC) No 2631/70 of 23 December 1970
OJ No L 279/34, 24 December 1970
—Commission Regulation (EEC) No 1571/71 of 22 July 1971
OJ No L 165/25, 23 July 1971
The text of the Annex is replaced by the following:
‘List of airline companies which are exempt from providing a guar-
antee:
1. Aer Lingus Teoranta (IrishAir Lines), Dublin
2. Aeroflot, Moskva3. Aerolíneas Argentinas, Buenos Aires4. Aerolinee Itavia, Roma5. Aer Turas, Dublin6. African Safari Airways, Nairobi7. Air Afrique, Abidjan
8. Air Algérie (Compagnie générale de transports aériens), Alger
9. Air Anglia, Norwich
10. Air Bahama (International), Nassau11. Air Canada, Montreal12. Air Ceylon, Colombo13. Air France, Paris14. Air India, Bombay15. Air Inter, Paris16. Airlift International, USA17. Air Madagascar (Société nationale malgache de transports
aériens), Tananarivo
18. Air Sénégal (Compagnie sénégalaise de transports aériens),
Dakar
19. Air Viking, Reykjavik20. Air Zaïre, Kinshasa21. Alaska Airlines, USA22. Alia (Royal Jordan Airlines), Amman
23. Alitalia (Linee Aeree Italiane), Roma
24. APSA, Lima25. Arco Bermuda26. Ariana (Afghan Airlines), Kabul27. ATI, Napoli28. Aurigny (Channel Islands), Alderney29. Austrian Airlines, Wien30. Avianca (Aerovías Nacionales de Colombia SA) Bogotá31. “Balkan” Bulgarian Airlines, Sofia32. “Basco” Brothers Air Services Co., Aden33. Bavaria Fluggesellschaft Schwabe & Co., München
34. BEA (BritishEuropean Airways Corporation), Ruislip
35. BKS, Air Transport Ltd., London36. BOAC (BritishOverseas Airways Corporation), Heath row
Airport, London
37. Britannia, Luton1972B0000 — EN — 01.01.1973 — 000.001 — 56
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38. BritishAir Ferries, South end
39. BritishIsland Airways, Gatwick Airport, London40. BritishMidland, Castle Donington
41. BritishUnited Airways, Gatwick Airport, London
42. Caledonian-BUA, Gatwick Airport, London43. Cambrian, Rhoose
44. Canadian Pacific—Air, Vancouver
45. Ceskoslovenske Aerolinie (CSA), Praha46. Channel Airways, Stansted Airport, London47. Condor Flugdienst GmbH, Frankfurt (Main)
48. Cyprus Airways, Nicosia
49. Dan-Air Services Ltd., London50. Deutsche Lufthansa AG, Köln
51. Donaldson, Gatwick Airport, London
52. East African Airways Corporation, Nairobi53. El Al Israel Airlines Ltd, Tel Aviv
54. Elivie (Società Italiana Esercizio Elicotteri S.p.A.), Napoli
55. Ethiopian Airlines, Addis Ababa56. Fairflight, Biggin Hill Airport, London57. Finnair, Helsinki
58. Garuda Indonesian Airways, Djakarta
59. General Air Nord GmbH, Hamburg60. Germanair Bedarfsluftfahrtgesellschaft mbH, Frankfurt (Main)
61. Ghana Airways Corporation, Accra
62. Humber Airways, Hull63. Iberia (Líneas Aéreas de España), Madrid64. Icelandic Airlines (Flugfelag), Reykjavik
65. Interregional-Fluggesellschaft mbH, Düsseldorf
66. Intra Airways, Jersey67. Invicta Airways, Manston
68. Iran National Airlines Corporation, Teheran
69. Iraqi Airways, Baghdad70. Japan Air Lines Co. Ltd., Tokio71. JAT (Jugoslovenski Aerotransport), Beograd
72. KLM (Koninklijke Luchtvaart Maatschappij), Den Haag
73. Kuwait Airways Corporation, Koweït74. Laker Airways, Gatwick Airport, London
75. Libyan Arab Airlines, Tripoli
76. Lloyd International, Stansted Airport, London77. Loftleidir HF, Reykjavik78. Loganair, Glasgow
79. LOT (Polskie Linie Lotnicze), Warszawa
80. Lufttransport-Unternehmen GmbH, Düsseldorf81. Luftverkehrsunternehmen Atlantis AG, Frankfurt (Main)-
Niederrad
82. Luxair (Luxembourg Airlines), Luxembourg
83. Malaysia-Singapore Airlines, Singapore
84. Malev (Magyar Légiközlekedési Vallalat), Budapest85. Martinair Holland NV (MAC), Amsterdam
86. MEA (Middle East Airlines Airliban SAL), Beirut1972B0000 — EN — 01.01.1973 — 000.001 — 57
▼B
87. Monarch, Luton
88. National Airlines Inc., Miami89. Nigerian Airways, Lagos90. NLM (Nederlandse Luchtvaart Maatschappij), Amsterdam
91. (Fred) Olsen, Oslo
92. Olympic Airways, Athenai93. Ontario World Air, Toronto94. Pacific Western, Vancouver95. Pakistan International Airlines Corporation, Karachi
96. Panair Luftverkehrsgesellschaft mbH & Co., München
97. Pan American World Airways Inc., New York98. Qantas Airways Ltd., Sydney99. Rousseau Aviation, Dinard
100. Royal Air Maroc, Casablanca
101. SAA (SouthAfrican Airways), Joh annesburg
102. Sabena—Belgian World Airlines, Bruxelles—Brussel103. SAM (Società Aerea Mediterranea), Roma104. SAS (Scandinavian Airlines System), Stockholm105. Saturn, Oakland
106. Saudi Arabian Airlines, Jeddah
107. Seabord World Airlines Inc., New York108. Sierra Leone Airways, Freetown109. Skyways CoachAir, Ash ford110. Southern Air Transport, Miami
111. South-West Aviation Ltd, Exeter
112. Spantax SA, Madrid113. Strathallan, Perth114. Sudan Airways, Khartoum115. Swissair (Swiss Air Transport Company Ltd), Zürich
116. Syrian Arab Airlines, Damascus
117. TAP (Transportes Aereos Portugueses SARL), Lisbõa118. Tarom (Rumanian Air Transport), Bucuresti119. TF—Transport Flug GmbH & Co., Frankfurt (Main)120. Tradewinds, Gatwick Airport, London121. Transavia (Holland N.V.), Amsterdam
122. Trans-Mediterranean Airways, Beirut
123. Transmeridian, Stansted Airport, London124. Trans-Union, Paris125. Tunis Air, Tunis126. Turk Hava Yollari Anonim Ortakligi, Istanbul
127. TWA (Trans World Airlines Inc.), New York
128. United Arab Airlines, Heliopolis129. UTA (Union de Transports Aériens), Paris130. VARIG (Empresa Viação Aerea Riograndese), Rio de Janeiro131. VIASA (Venezolana Internacional de Aviación SA), Caracas
132. Zambian Airways, Lusaka.’
18.Commission Regulation (EEC) No 1570/70 of 3 August 1970
OJ No L 171/10, 4 August 1970
Subparagraph(b) of Article 1 is replaced by th e following:1972B0000 — EN — 01.01.1973 — 000.001 — 58
▼B
‘(b) marketing centre: one of the following centres:
— for Germany: Cologne, Frankfurt, Hamburg and Munich;
— for Denmark: Copenhagen;
— for France: Dieppe, Le Havre, Marseilles, Paris-Rungis,
Perpignan and Rouen;
— for Ireland: Dublin;— for Italy: Milan;
— for the Netherlands: Rotterdam;— for the United Kingdom: London, Liverpool, Hull and
Glasgow;
— for BLEU: Antwerp and Brussels.’
Article 4(2) is replaced by the following:
‘2. The average free-at-frontier price, not cleared through
customs, shall be calculated on the basis of the gross proceeds of
sales made between importers and wholesalers. However, for the
Paris-Rungis, Milan, London ►
M1 ◄and Copen-
hagen centres the basis to be used shall be the prices at whichgoods are most commonly sold at those centres.
The gross proceeds of such sales shall be decreased by:
— an intervention margin of 15% for the Paris-Rungis, Milan,
London►
M1 ◄and Copenhagen centres and of
6% for the other marketing centres;
— transport costs within the Community;— a standard amount of 2.5 units of account, representing all the
other costs which are not to be included in the value for
customs purposes;
— customs duties and charges which are not to be included in the
value for customs purposes.’
19.Commission Regulation (EEC) No 304/71 of 11 February 1971
OJ No L 35/31, 12 February 1971
Article 5 is replaced by the following:
‘The railway administrations shall ensure that for transport opera-
tions effected under the Community transit system labels bearingthe following inscription are used: “Douane — Zoll — Dogana —
Customs — Told — ►
M1 ◄”. The labels shall be
affixed to the consignment note or to the express parcel dispatchnote and also to the railway wagon in the case of a complete loador to the parcel or parcels in other cases.’
20.Commission Regulation (EEC) No 1279/71 of 17 June 1971
OJ No L 133/32, 19 June 1971
Article 2 is replaced by the following:
‘Where the goods referred to in Article 1(1) have been placed, for
the purposes of their dispatch, under Community transit procedure,the principal shall enter under “Description of goods” in theCommunity transit declaration one of the following, as appropriate:
— Sortie de la Communauté soumise à des restrictions.
Ausgang aus der Gemeinschaft Beschränkungen unterworfen.
Uscita dalla Comunità assoggettata a restrizioni.Verlaten van de Gemeenschap aan beperkingen onderworpen.Export from the Community subject to restrictions.1972B0000 — EN — 01.01.1973 — 000.001 — 59
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▼B
▼B
Udførsel fra Fællesskabet undergivet restriktioner.
— Sortie de la Communauté soumise à imposition.
Ausgang aus der Gemeinschaft Abgabenerhebung unterworfen.Uscita dalla Comunità assoggettata a tassazione.
Verlaten van de Gemeenschap aan belastingheffing onder-
worpen.
Export from the Community subject to duty.Udførsel fra Fællesskabet betinget af afgiftsbetaling.
►
M1 ◄’
21.Commission Decision No 64/503/EEC of 30 July 1964
OJ No 137/2293, 28 August 1964
The initials ‘EC’ and ‘EF’ are inserted in the heading of form D.D.5 in
the Annex.
‘MOVEMENT CERTIFICATE’and
‘GODSTRANSPORTBEVIS’ are inserted in the title of that form.
22.Commission Decision No 70/41/EEC of 19 December 1969
OJ No L 13/13, 19 January 1970
The initials ‘EC’ and ‘EF’ are inserted in the heading of form D.D.3 in
the Annex.
‘MOVEMENT CERTIFICATE’and
‘GODSTRANSPORTBEVIS’ are inserted in the first page of that
form.
23.Council Directive No 68/312/EEC of 30 July 1968
OJ No L 194/13, 6 August 1968
The following is inserted at the end of the Annex:
‘6. United Kingdom of Great
Britain and NorthernIreland
— Transit sheds (Section 17 of the Customs &
Excise Act 1952, as amended
by Section 10 of the Finance
Act 1966)
7. Ireland
— Transit sheds (Customs Code Vol. II)— Transit depots (Section 16, Finance Act 1967)
►
M1 ◄’
24.Council Directive No 69/73/EEC of 4 March1969
OJ No L 58/1, 8 March1969
In Article 28(2), the word ‘twelve’ is replaced by the word ‘ ►M1
forty-one ◄’.
25.Council Directive No 69/74/EEC of 4 March1969
OJ No L 58/7, 8 March1969
The following is inserted at the end of the Annex:
‘7. United Kingdom of Great
Britain and NorthernIreland1972B0000 — EN — 01.01.1973 — 000.001 — 60
▼M1
▼B
▼B
— Private bonded ware-
houses (Customs & Excise Act 1952,
Part III)/C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C150— General bonded ware-
houses
8. Ireland
— Approved warehouses (Customs Consolidation Act
1876, Section 12)
►M1 ◄’
26.Council Directive No 69/75/EEC of 4 March1969
OJ No L 58/11, 8 March1969
The following is inserted at the end of the Annex:
‘6. Ireland
Shannon Customs-Free
Airport (Customs-Free Airport Act
1947)
7. Kingdom of Denmark
Frihavne (Toldloven, Kapitel 9)
►M1 ◄’
II. AGRICULTURE
A. General
In the following acts ‘twelve’ is replaced by ‘forty-one’ in the Articles
indicated.
1.Regulation No 23
OJ No 30/965, 20 April 1962Article 13(2)
2.Regulation No 24
OJ No 30/989, 20 April 1962Article 7(2)
3.Council Regulation No 17/64/EEC of 5 February 1964
OJ No 34/586, 27 February 1964Article 26(2)
4.Council Regulation No 79/65/EEC of 15 June 1965
OJ No 109/1859, 23 June 1965Article 19(2)
5.Council Regulation No 136/66/EEC of 22 September 1966
OJ No 172/3025, 30 September 1966Article 38(2)
6.Council Regulation No 120/67/EEC of 13 June 1967
OJ No 117/2269, 19 June 1967Article 26(2)
7.Council Regulation No 121/67/EEC of 13 June 1967
OJ No 117/2283, 19 June 1967Article 24(2)
8.Council Regulation No 122/67/EEC of 13 June 1967
OJ No 117/2293, 19 June 1967Article 17(2)
9.Council Regulation No 123/67/EEC of 13 June 1967
OJ No 117/2301, 19 June 1967Article 17(2)1972B0000 — EN — 01.01.1973 — 000.001 — 61
▼M1
▼B
▼B
10.Council Regulation No 359/67/EEC of 25 July 1967
OJ No 174/1, 31 July 1967Article 26(2)
11.Council Regulation No 1009/67/EEC of 18 December 1967
OJ No 308/1, 18 December 1967Article 40(2)
12.Council Regulation (EEC) No 234/68 of 27 February 1968
OJ No L 55/1, 2 March1968Article 14(2)
13.Council Regulation (EEC) No 804/68 of 27 June 1968
OJ No L 148/13, 28 June 1968
Article 30(2)
14.Council Regulation (EEC) No 805/68 of 27 June 1968
OJ No L 148/24, 28 June 1968Article 27(2)
15.Council Regulation (EEC) No 865/68 of 28 June 1968
OJ No L 153/8, 1 July 1968Article 15(2)
16.Council Regulation (EEC) No 727/70 of 21 April 1970
OJ No L 94/1, 28 April 1970Article 17(2)
17.Council Regulation (EEC) No 729/70 of 21 April 1970
OJ No L 94/13, 28 April 1970Article 13(2)
18.Council Regulation (EEC) No 1308/70 of 29 June 1970
OJ No L 146/1, 4 July 1970Article 12(2)
19.Council Regulation (EEC) No 2142/70 of 20 October 1970
OJ No L 236/5, 27 October 1970Article 29(2)
20.Council Regulation (EEC) No 1696/71 of 26 July 1971
OJ No L 175/1, 4 August 1971
Article 20(2)
21.Council Regulation (EEC) No 2358/71 of 26 October 1971
OJ No L 246/1, 5 November 1971Article 11(2)
22.Council Directive of 23 October 1962
OJ No 115/2645, 11 November 1962
as amended by:
—Council Directive No 70/358/EEC of 13 July 1970
OJ No L 157/36, 18 July 1970
Article 11a(2)
23.Council Directive No 64/54/EEC of 5 November 1963
OJ No 12/161, 27 January 1964
as amended by:
—Council Directive No 70/359/EEC of 13 July 1970
OJ No L 157/38, 18 July 1970Article 8a(2)
24.Council Directive No 64/432/EEC of 26 June 1964
OJ No 121/1977, 29 July 19641972B0000 — EN — 01.01.1973 — 000.001 — 62
▼B
as amended by:
—Council Directive No 71/285/EEC of 19 July 1971
OJ No L 179/1, 9 August 1971
Article 12(3)
25.Council Directive No 64/433/EEC of 26 June 1964
OJ No 121/2012, 29 July 1964
as amended by:
—Council Directive No 69/349/EEC of 6 October 1969
OJ No L 256/5, 11 October 1969
Article 9a(3)
26.Council Directive No 66/400/EEC of 14 June 1966
OJ No 125/2290, 11 July 1966
Article 21(3)
27.Council Directive No 66/401/EEC of 14 June 1966
OJ No 125/2298, 11 July 1966
Article 21(3)
28.Council Directive No 66/402/EEC of 14 June 1966
OJ No 125/2309, 11 July 1966
Article 21(3)
29.Council Directive No 66/403/EEC of 14 June 1966
OJ No 125/2320, 11 July 1966
Article 19(3)
30.Council Directive No 66/404/EEC of 14 June 1966
OJ No 125/2326, 11 July 1966
Article 17(3)
31.Council Directive No 68/193/EEC of 9 April 1968
OJ No L 93/15, 17 April 1968
Article 17(3)
32.Council Directive No 69/208/EEC of 30 June 1969
OJ No L 169/3, 10 July 1969
Article 20(3)
33.Council Directive No 70/357/EEC of 13 July 1970
OJ No L 157/31, 18 July 1970
Article 6(2)
34.Council Directive No 70/373/EEC of 20 July 1970
OJ No L 170/2, 3 August 1970
Article 3(2)
35.Council Directive No 70/457/EEC of 29 September 1970
OJ No L 225/1, 12 October 1970
Article 23(3)
36.Council Directive No 70/458/EEC of 29 September 1970
OJ No L 225/7, 12 October 1970
Article 40(3)
37.Council Directive No 71/118/EEC of 15 February 1971
OJ No L 55/23, 8 March1971
Article 12(3)
38.Council Directive No 71/161/EEC of 30 March1971
OJ No L 87/14, 17 April 1971
Article 18(3)1972B0000 — EN — 01.01.1973 — 000.001 — 63
▼B
B. Common Organization of Markets
(a)Fruit and vegetables
1.Council Regulation No 158/66/EEC of 25 October 1966
OJ No 192/3282, 27 October 1966
as amended by:
—Council Regulation No 1040/67/EEC of 21 December 1967
OJ No 314/7, 23 December 1967
—Council Regulation (EEC) No 161/69 of 28 January 1969
OJ No L 23/1, 30 January 1969
—Council Regulation (EEC) No 2516/69 of 9 December 1969
OJ No L 318/14, 18 December 1969
—Council Regulation (EEC) No 2423/70 of 30 November 1970
OJ No L 261/1, 2 December 1970
The following subparagraph is inserted at the end of Article 2(3):
‘However, application of the additional quality grades for cauli-
flowers, tomatoes, apples and pears, peaches, citrus fruits, tablegrapes, lettuces, endives, onions, witloof chicory, cherries, straw-berries, asparagus and cucumbers may be extended until 31
December 1977.’
2.Commission Regulation (EEC) No 193/70 of 2 February 1970
OJ No L 26/6, 3 February 1970
as amended by:
—Commission Regulation (EEC) No 304/70 of 19 February 1970
OJ No L 40/24, 20 February 1970
—Commission Regulation (EEC) No 344/70 of 25 February 1970
OJ No L 46/1, 27 February 1970
—Commission Regulation (EEC) No 2509/70 of 11 December 1970
OJ No L 269/10, 12 December 1970
—Commission Regulation (EEC) No 282/71 of 9 February 1971
OJ No L 33/13, 10 February 1971
The following are inserted at the end of the third paragraph of Article
9:
‘
’
‘
’
3.Commission Regulation (EEC) No 1559/70 of 31 July 1970
OJ No L 169/55, 1 August 1970
The following is inserted at the end of the second subparagraph of
Article 10(2):
‘for processing into feedingstuffs under Article 7 (b) of Regulation
No 159/66/EEC’1972B0000 — EN — 01.01.1973 — 000.001 — 64
▼M1
▼B
▼B
‘bestemt til omdannelse til dyrefoder i overensstemmelse med
artikel 7, litra b i forordning nr. 159/66/EØF’
4.Commission Regulation (EEC) No 1562/70 of 31 July 1970
OJ No L 169/67, 1 August 1970
The following is inserted at the end of the second subparagraph of
Article 10(2):
‘intended for distillation under Article 7 (b) of Regulation No 159/
66/EEC’
‘bestemt til destillering i overensstemmelse med artikel 7, litra b i
forordning nr. 159/66/EØF’
(b)Wine
1.Commission Regulation No 143
OJ No 127/2789, 1 December 1962
as amended by:
—Commission Regulation No 26/64/EEC of 28 February 1964
OJ No 48/753, 19 March1964
In Article 1, the first paragraph is replaced by the following:
‘Witha view to preparing th e viticultural land register provided for
in Article 1 of Council Regulation No 24 on the progressive estab-
lishment of a common organization of the market in wine, anynatural or legal person who cultivates vines or who causes vinesto be cultivated in the open air in a Member State in which thetotal surface area of vines in the open air exceeds 100 hectaresshall submit a declaration of vine cultivation to the authority desig-
nated by the Member States.’
2.Commission Regulation No 26/64/EEC of 28 February 1964
OJ No 48/753, 19 March1964
as amended by:
—Commission Regulation (EEC) No 39/68 of 11 January 1968
OJ No L 9/17, 12 January 1968
The text of Article 4 becomes paragraph 1. The following paragraph is
then added:
‘2. The provisions of the preceding paragraph shall also apply in
the case of vines cultivated in the open air in a Member State in
which the total surface area of vines in the open air does not
exceed 100 hectares.’
3.Commission Regulation (EEC) No 1594/70 of 5 August 1970
OJ No L 173/23, 6 August 1970
Article 3(2) is replaced by the following:
‘2. In Belgium, Ireland, the Netherlands and the United
Kingdom sucrose in aqueous solution may be added only to thoseproducts referred to in Article 19(1a) and (1b) of Regulation
(EEC)No 816/70, which have been grown, or prepared from grapes
grown, in areas situated in communes or other administrative unitsin which vines were cultivated at the time of the entry into force ofthis Regulation in respect of Belgium and the Netherlands, or at thedate of accession in respect of Ireland and the United Kingdom.’1972B0000 — EN — 01.01.1973 — 000.001 — 65
▼M1
▼B
▼M1
▼B
▼B
4.Commission Regulation (EEC) No 1698/70 of 25 August 1970
OJ No L 190/4, 26 August 1970
The following are inserted at the end of Article 4(2):
‘intended for making into wine under Regulation (EEC) No 1698/
70 for the production of quality wine psr’
‘bestemt til vinfremstilling i overensstemmelse med forordning
(EØF) nr. 1698/70 med henblik på produktion af k.v.b.d.’
5.Commission Regulation (EEC) No 1699/70 of 25 August 1970
OJ No L 190/6, 26 August 1970
The following are inserted at the end of Article 2(a)(aa):
‘not to be made into wine nor to be used in the making of wine’
‘ikke tilladt til vinfremstilling eller til anvendelse ved vinfremstil-
ling’
The following are inserted at the end of Article 2(a)(bb):
‘not to be used for the preparation of wine or of beverages intended
for direct human consumption with the exception of alcohol,
potable spirits and piquette, in so far as the making of the latter isauthorized by the Member State concerned’
‘ikke tilladt til tilberedning af vin eller drikkevarer bestemt til
direkte menneskeligt forbrug, med undtagelse af alkohol, bræn-devin og eftervin, for så vidt fremstillingen af denne sidstnævnteer tilladt i den pågældende medlemsstat’
The following are inserted at the end of Article 2(a)(cc):
‘intended for distillation’
‘bestemt til destillering’
The following are inserted at the end of Article 2(b)(aa):
‘not to be made into wine nor to be used in the making of wine’
‘ikke tilladt til vinfremstilling eller til anvendelse ved vinfremstil-
ling’
The following are inserted at the end of Article 2(b)(bb):
‘not to be used for the preparation of wine or beverages intended
for direct human consumption’
‘ikke tilladt til tilberedning af vin eller drikkevarer bestemt til
direkte menneskeligt forbrug’1972B0000 — EN — 01.01.1973 — 000.001 — 66
▼M1
▼B
▼M1
▼B
▼M1
▼B
▼M1
▼B
▼M1
▼B
▼M1
The following are inserted at the end of Article 2(b)(cc):
‘intended for the production of potable spirits’
‘bestemt til fremstilling af brændevin’
6.Commission Regulation (EEC) No 1700/70 of 25 August 1970
OJ No L 190/9, 26 August 1970
The following are inserted at the end of Article 1(2)(a):
‘not for direct human consumption in the unaltered state’
‘ikke tilladt i denne stand til direkte menneskeligt forbrug’
The following are inserted at the end of Article 1(2)(b):
‘not for direct human consumption’
‘ikke tilladt til direkte menneskeligt forbrug’
(c)Oils and fats
1.Commission Regulation No 225/67/EEC of 28 June 1967
OJ No 136/2919, 30 June 1967
as amended by:
—Commission Regulation (EEC) No 1486/69 of 28 July 1969
OJ No L 186/7, 30 July 1969
—Commission Regulation (EEC) No 458/70 of 11 March1970
OJ No L 57/19, 12 March1970
—Commission Regulation (EEC) No 1382/70 of 14 July 1970
OJ No L 154/14, 15 July 1970
—Commission Regulation (EEC) No 1478/71 of 12 July 1971
OJ No L 156/9, 13 July 1971
In point A of the Annex, the words:
‘seeds from Denmark’
and the corresponding coefficient of equivalence:
‘0.08’
are deleted.
2.Commission Regulation (EEC) No 911/68 of 5 July 1968
OJ No L 158/8, 6 July 1968
as amended by:
—Commission Regulation (EEC) No 1469/68 of 23 September 1968
OJ No L 239/1, 28 September 1968
—Commission Regulation (EEC) No 52/69 of 11 January 1969
OJ No L 8/1, 14 January 1969
—Commission Regulation (EEC) No 474/69 of 13 March19691972B0000 — EN — 01.01.1973 — 000.001 — 67
▼B
▼M1
▼B
▼M1
▼B
▼M1
▼B
▼B
OJ No L 63/21, 14 March1969
—Commission Regulation (EEC) No 971/69 of 28 May 1969
OJ No L 127/10, 29 May 1969
—Commission Regulation (EEC) No 1486/69 of 28 July 1969
OJ No L 186/7, 30 July 1969
—Commission Regulation (EEC) No 1851/69 of 18 September 1969
OJ No L 236/31, 19 September 1969
—Commission Regulation (EEC) No 2478/69 of 11 December 1969
OJ No L 312/35, 12 December 1969
—Commission Regulation (EEC) No 329/70 of 23 February 1970
OJ No L 43/22, 24 February 1970
—Commission Regulation (EEC) No 1480/71 of 12 July 1971
OJ No L 156/12, 13 July 1971
—Commission Regulation (EEC) No 2193/71 of 13 October 1971
OJ No L 231/23, 14 October 1971
The following are inserted at the end of Article 10(1)(b)(aa):
‘seeds or mixtures not imported from third countries or from
Greece’
‘frø eller blandinger heraf ikke importeret fra tredjelande eller
Grækenland’
The following are inserted at the end of Article 10(1)(b)(bb):
‘seeds or mixtures denatured in accordance withArticle 9 of Regu-
lation (EEC) No 911/68’
‘frø eller blandinger heraf denatureret i overensstemmelse med
artikel 9 i forordning (EØF) nr. 911/68’
The following are inserted at the end of Article 10(1)(b)(cc):
‘seeds recognized as seeds for sowing’
‘frø anerkendt som udsæd’
(d)Cereals
1.Council Regulation No 131/67/EEC of 13 June 1967
OJ No 120/2362, 21 June 1967
as amended by:
—Council Regulation (EEC) No 538/68 of 29 April 1968
OJ No L 104/1, 3 May 1968
—Council Regulation (EEC) No 1205/69 of 26 June 1969
OJ No L 155/6, 28 June 1969
The second paragraph of Article 2 is replaced by the following:
‘Where inland waterway or sea freight charges are not based on the
application of a tariff, the lowest average of these charges recordedover a period of two months selected from the twelve months1972B0000 — EN — 01.01.1973 — 000.001 — 68
▼M1
▼B
▼M1
▼B
▼M1
▼B
▼B
preceding the month during which the prices are fixed shall be
taken into account.’
2.Commission Regulation No 158/67/EEC of 23 June 1967
OJ No 128/2536, 27 June 1967
as amended by:
—Commission Regulation No 478/67/EEC of 23 August 1967
OJ No 205/2, 24 August 1967
—Commission Regulation (EEC) No 213/68 of 22 February 1968
OJ No L 47/18, 23 February 1968
—Commission Regulation (EEC) No 405/69 of 3 March1969
OJ No L 53/10, 4 March1969
—Council Regulation (EEC) No 2204/69 of 5 November 1969
OJ No L 279/19, 6 November 1969
—Commission Regulation (EEC) No 1637/71 of 28 July 1971
OJ No L 170/20, 29 July 1971
In the Annex, the following are deleted from the various columns:
with regard to common wheat, the wording relating to ‘Great
Britain’
withregard to rye, th e wording relating to ‘Denmark’withregard to barley, th e wording relating to ‘Denmark’‘Great
Britain’
withregard to oats, th e wording relating to ‘Denmark’ and ‘Great
Britain’
(e)Eggs
1.Council Regulation No 129/63/EEC of 12 December 1963
OJ No 185/2938, 19 December 1963
as amended by:
—Council Regulation No 122/67/EEC of 13 June 1967
OJ No 117/2293, 19 June 1967
—Council Regulation No 123/67/EEC of 13 June 1967
OJ No 117/2301, 19 June 1967
The following are inserted at the end of Article 1(1)(a):
‘for hatching’
‘rugeæg’
2.Commission Regulation (EEC) No 95/69 of 17 January 1969
OJ No L 13/13, 18 January 1969
Dutchtext as amended by:
—Regulation (EEC) No 927/69 of 20 May 1969
OJ No L 120/6, 21 May 1969
In Article 2(2) the following Member States and their corresponding
distinguishing numbers are inserted:
Denmark 7
Ireland 8
United Kingdom ►M19◄1972B0000 — EN — 01.01.1973 — 000.001 — 69
▼M1
▼B
▼M1
▼B
▼B
(f)Pigmeat
Council Regulation No 2108/70 of 20 October 1970
OJ No L 234/1, 23 October 1970
In Annex I, column 2 ‘weight of carcase’ and column 3 ‘thickness of
back fat’ are to be amended in accordance withth e following table:
weight of carcase in kilogrammes thickness of back fat in millimetres
in subclass EAA add: 50 to less than 60 up to 15 inclusive
(rest unchanged)
in subclass I A add: 50 to less than 60 up to 18 inclusive
(rest unchanged)
in subclass II A add: 50 to less than 60 up to 22 inclusive
(rest unchanged)
in subclass III A add: 50 to less than 60 up to 22 inclusive
(rest unchanged)
(g)Rice
1.Commission Regulation (EEC) No 2085/68 of 20 December 1968
OJ No L 307/11, 21 December 1968
as amended by:
—Commission Regulation (EEC) No 316/70 of 20 February 1970
OJ No L 41/14, 21 February 1970
The following are inserted at the end of the second indent of Article 4:
‘intended for the manufacture of starch, of quellmehl or for use in
the brewing industry, in accordance with the provisions of Regula-tion (EEC) No 2085/68’
‘bestemt til fremstilling af stivelse, kvældemel eller til anvendelse i
bryggerier i overensstemmelse med bestemmelserne i forordning(EØF) nr. 2085/68’
2.Commission Regulation (EEC) No 559/68 of 6 May 1968
OJ No L 106/6, 7 May 1968
as amended by:
—Commission Regulation (EEC) No 316/70 of 20 February 1970
OJ No L 41/14, 21 February 1970
—Commission Regulation (EEC) No 1607/71 of 26 July 1971
OJ No L 168/16, 27 July 1971
The following are inserted at the end of the second indent of Article
2(2):
‘intended for use in the brewing industry, in accordance with the
provisions of Regulation (EEC) No 559/68’
‘bestemt til anvendelse i bryggerier i overensstemmelse med
bestemmelserne i forordning (EØF) nr. 559/68’1972B0000 — EN — 01.01.1973 — 000.001 — 70
▼M1
▼B
▼M1
(h)Sugar
1.Council Regulation No 1009/67/EEC of 18 December 1967
OJ No 308/1, 18 December 1967
amended by:
—Council Regulation (EEC) No 2100/68 of 20 December 1968
OJ No L 309/4, 24 December 1968
—Council Regulation (EEC) No 1393/69 of 17 July 1969
OJ No L 179/1, 21 July 1969
—Council Regulation (EEC) No 2485/69 of 9 December 1969
OJ No L 314/6, 15 December 1969
—Council Regulation (EEC) No 853/70 of 12 May 1970
OJ No L 103/2, 13 May 1970
—Council Regulation (EEC) No 1253/70 of 29 June 1970
OJ No L 143/1, 1 July 1970
—Council Regulation (EEC) No 1060/71 of 25 May 1971
OJ No L 115/16, 27 May 1971
The following sentence is added to the first subparagraph of Article
23(1):
‘However, new Member States may, instead of the average annual
sugar production during the 1961/62 to 1965/66 marketing years,
use that of the 1965/66 to 1969/70 marketing years.’
The second subparagraph of Article 23(1) is replaced by the following:
‘The basic quantities shall be:
for Denmark 290,000 metric tons of white sugar
for Germany 1,750,000 metric tons of white sugar
for France 2,400,000 metric tons of white sugar
for Ireland 150,000 metric tons of white sugar
for Italy 1,230,000 metric tons of white sugarfor Netherlands 550,000 metric tons of white sugar
for BLEU 550,000 metric tons of white sugar
for United Kingdom 900,000 metric tons of white sugar.’
The following subparagraph is added to Article 24(2):
‘However, the coefficient to be applied to the United Kingdom in
determining the maximum quota shall be fixed at 1.0 for the perioduntil the end of the sugar marketing year 1974/75.’
The first subparagraph of Article 26(2) is replaced by the following:
‘This quantity shall be equal to the anticipated human consumption
in the Community, expressed as white sugar, for the sugar
marketing year in respect of which it is fixed, reduced by the quan-
tity expressed as white sugar which may be imported under thearrangements laid down in Protocol No 17 on the import of sugarby the United Kingdom from the exporting countries and territoriesreferred to in the Commonwealth Sugar Agreement.’
The following Article 33a is inserted:
‘Article 33a
1. New Member States shall make an inventory of the stocks of
sugar in free circulation in their territory on the date of the applica-tion of this Regulation.1972B0000 — EN — 01.01.1973 — 000.001 — 71
▼B
▼B
2. A quantity of sugar which may be regarded as representing a
normal stock on the date referred to in paragraph 1 shall be fixedfor eachnew Member State.
This quantity shall be fixed taking into consideration:
(a) a normal working stock,
(b) the anticipated consumption in the Member State concerned
until the new beet harvest,
(c) the supply situation based on national production and imports
or exports of that Member State.
3. When the quantities recorded in the framework of the inven-
tory referred to in paragraph 1 exceed the quantity referred to in the
first subparagraph of paragraph 2, the necessary measures shall be
taken to obviate suchfinancial burdens as may result for th eCommunity from the marketing of a quantity equivalent to theexcess quantity.
4. Detailed rules for the application of this Article shall be
adopted in accordance withth e procedure laid down in Article 40.’
2.Council Regulation No 1027/67/EEC of 21 December 1967
OJ No 313/2, 22 December 1967
The following subparagraph is inserted at the end of Article 3(1):
‘For the new Member States, this provision shall apply for the first
sugar year following the date of accession.’
The following subparagraph is inserted at the end of Article 4(1):
‘For the new Member States, this provision shall apply from the
first sugar year following the date of accession.’
3.Council Regulation (EEC) No 206/68 of 20 February 1968
OJ No L 47/1, 23 February 1968
After Article 8, the following is inserted:
‘Article 8a
In respect of the new Member States:
— the words “1967/68 marketing year” in Articles 4(2), 5(2), 6(2)
and 10(2) are replaced by: “1972/73 marketing year”;
— the words “prior to the 1968/69 sugar year” in Articles 5(3) and
8(d) are replaced by: “prior to the 1973/74 marketing year”.’
The following paragraph is inserted at the end of Article 5:
‘4. However, when in a new Member State the sugar beet is
delivered free of charge at the sugar factory, the contract shallprovide for the manufacturer to share in transport costs and shall
determine the percentage or the amount thereof.’
4.Commission Regulation (EEC) No 2061/69 of 20 October 1969
OJ No L 263/19, 21 October 1969
as amended by:
—Commission Regulation (EEC) No 267/70 of 12 February 1970
OJ No L 35/25, 13 February 1970
—Commission Regulation (EEC) No 1068/70 of 5 June 1970
OJ No L 123/10, 6 June 1970
—Commission Regulation (EEC) No 772/71 of 14 April 1971
OJ No L 85/18, 15 April 1971
The following are inserted at the end of Article 16(2):
‘intended for denaturing by one of the processes set out in the
Annex to Regulation (EEC) No 2061/69 and approved by theMember State of destination’1972B0000 — EN — 01.01.1973 — 000.001 — 72
▼B
‘bestemt til denaturering efter en af de fremgangsmåder, der er
fastsat i bilaget til forordning (EØF) nr. 2061/69 og tilladt af denmodtagende medlemsstat’
The following are inserted at the end of Article 21(1):
‘denatured sugar’
‘denatureret sukker’
5.Commission Regulation (EEC) No 1734/70 of 26 August 1970
OJ No L 191/30, 27 August 1970
as amended by:
—Commission Regulation (EEC) No 2462/70 of 4 December 1970
OJ No L 264/16, 5 December 1970
—Commission Regulation (EEC) No 1739/71 of 6 August 1971
OJ No L 178/15, 7 August 1971
The following paragraph is inserted in Article 4:
‘5. During the period when Summer Time is not in force in
Ireland or in the United Kingdom, the time limits fixed in thepreceding paragraphs shall be taken as earlier by one hour in thoseMember States.’
6.Commission Regulation (EEC) No 258/71 of 4 February 1971
OJ No L 29/29, 5 February 1971
as amended by:
—Commission Regulation (EEC) No 2164/71 of 8 October 1971
OJ No L 228/11, 9 October 1971
The following paragraph is inserted in Article 4:
‘5. During the period when Summer Time is not in force in
Ireland or in the United Kingdom, the time limits fixed in the
preceding paragraphs shall be taken as earlier by one hour in thoseMember States.’
(i)Milkproducts
1.Council Regulation (EEC) No 823/68 of 28 June 1968
OJ No L 151/3, 30 June 1968
as amended by:
—Council Regulation (EEC) No 2197/69 of 28 October 1969
OJ No L 279/3, 6 November 1969
—Council Regulation (EEC) No 2307/70 of 10 November 1970
OJ No L 249/13, 17 November 1970
—Council Regulation (EEC) No 668/71 of 30 March1971
OJ No L 77/1, 1 April 1971
—Council Regulation (EEC) No 1578/71 of 19 July 1971
OJ No L 166/1, 24 July 1971
In Annex II, the following are deleted from Common Customs Tariff
subheading No 04.04 E I(b)2:
‘Havarti, Esrom’
2.Council Regulation (EEC) No 987/68 of 15 July 19681972B0000 — EN — 01.01.1973 — 000.001 — 73
▼M1
▼B
▼M1
▼B
▼B
OJ No L 169/6, 18 July 1968
Article 1(a) is replaced by the following:
‘(a) Milk:
The product of the milking of one or more cows or goats, to
which nothing has been added and which has undergone nomore than a partial skimming;’
3Commission Regulation (EEC) No 1053/68 of 23 July 1968
OJ No L 179/17, 25 July 1968
as amended by:
—Commission Regulation (EEC) No 196/69 of 31 January 1969
OJ No L 26/28, 1 February 1969
—Commission Regulation (EEC) No 2605/70 of 22 December 1970
OJ No L 278/17, 23 December 1970
—Commission Regulation (EEC) No 2369/71 of 4 November 1971
OJ No L 246/27, 5 November 1971
The following are deleted from the title of the second certificate model:
‘Havarti or Esrom’
4.Commission Regulation (EEC) No 1054/68 of 23 July 1968
OJ No L 179/25, 25 July 1968
as amended by:
—Commission Regulation (EEC) No 196/69 of 31 January 1969
OJ No L 26/28, 1 February 1969
—Commission Regulation (EEC) No 2262/69 of 13 November 1969
OJ No L 286/25, 14 November 1969
—Commission Regulation (EEC) No 2632/69 of 29 December 1969
OJ No L 327/21, 30 December 1969
—Commission Regulation (EEC) No 1183/70 of 24 June 1970
OJ No L 138/13, 25 June 1970
—Commission Regulation (EEC) No 50/71 of 12 January 1971
OJ No L 10/9, 13 January 1971
—Commission Regulation (EEC) No 375/71 of 22 February 1971
OJ No L 44/9, 23 February 1971
—Commission Regulation (EEC) No 1106/71 of 28 May 1971
OJ No L 177/13, 29 May 1971
—Commission Regulation (EEC) No 1660/71 of 28 July 1971
OJ No L 172/16, 31 July 1971
In the third recital the following is deleted:
‘Denmark:
— “Mejeribrugets Osteeksportudvalg”, Aarhus, for Havarti falling
within subheading 04.04 E I(b)2;’
In the Annex, the heading ‘Denmark’ and the corresponding specifica-
tions in the various columns are deleted.
5.Commission Regulation (EEC) No 1098/68 of 27 July 1968
OJ No L 184/10, 29 July 1968
as amended by:
—Commission Regulation (EEC) No 412/69 of 4 March1969
OJ No L 54/9, 5 March1969
—Commission Regulation (EEC) No 849/69 of 7 May 1969
OJ No L 109/7, 8 May 1969
—Commission Regulation (EEC) No 1353/69 of 15 July 1969
OJ No L 174/10, 16 July 1969
—Commission Regulation (EEC) No 951/71 of 7 May 19711972B0000 — EN — 01.01.1973 — 000.001 — 74
▼B
OJ No L 103/10, 8 May 1971
In the Annex,
— under the heading Area E, the text ‘Territory of the United
Kingdom …’ to ‘… withth e exception of Gibraltar’ is deleted;
— Area F becomes Area E.
6.Commission Regulation (EEC) No 1106/68 of 27 July 1968
OJ No L 184/26, 29 July 1968
as amended by:
—Commission Regulation (EEC) No 2044/69 of 17 October 1969
OJ No L 262/9, 18 October 1969
—Commission Regulation (EEC) No 332/70 of 23 February 1970
OJ No L 44/1, 25 February 1970
—Commission Regulation (EEC) No 2026/71 of 21 September 1971
OJ No L 214/9, 22 September 1971
The following are inserted at the end of the second subparagraph of
Article 7(2):
‘intended for denaturing or processing in accordance withRegula-
tion (EEC) No 1106/68’
‘bestemt til at underkastes kontrol med henblik på denaturering
eller forarbejdning i overensstemmelse med forordning (EØF) nr.1106/68’
►
M1 ◄.
7.Commission Regulation (EEC) No 1324/68 of 29 August 1968
OJ No L 215/25, 30 August 1968
Annex I to the Regulation is replaced by the following Annex:
Subheadings appearing in
Annex II to Regulation
(EEC) No 823/68Products
04.04 E I(b)2 Tilsit
ex 04.04 E I(b)3 Butterkäse
Danbo
Edam
Elbo
Esrom
Fontal
Fontina
Fynbo
Galantine
Gouda
Havarti
Italico
►M1 ◄
Maribo
Molbo
Mimolette
►M1 ◄
Samsø
St Paulin
Tybo
other cheeses with a fat content by weight in the
dry matter equal to or exceeding 30% and witha
water content by weight in the non-fatty matter
exceeding 52% and less than or equal to 67%
8.Commission Regulation (EEC) No 685/69 of 14 April 1969
OJ No L 90/12, 15 April 1969
as amended by:
—Commission Regulation (EEC) No 880/69 of 12 May 19691972B0000 — EN — 01.01.1973 — 000.001 — 75
▼B
OJ No L 114/11, 13 May 1969
—Commission Regulation (EEC) No 1064/69 of 10 June 1969
OJ No L 139/13, 11 June 1969
—Commission Regulation (EEC) No 1273/69 of 2 July 1969
OJ No L 161/9, 3 July 1969
—Commission Regulation (EEC) No 332/70 of 23 February 1970
OJ No L 44/1, 25 February 1970
—Commission Regulation (EEC) No 603/70 of 31 March1970
OJ No L 72/62, 1 April 1970
—Commission Regulation (EEC) No 757/70 of 24 April 1970
OJ No L 91/31, 25 April 1970
—Commission Regulation (EEC) No 878/70 of 14 May 1970
OJ No L 105/24, 15 May 1970
—Commission Regulation (EEC) No 606/71 of 23 March1971
OJ No L 70/16, 24 March1971
—Commission Regulation (EEC) No 1179/71 of 4 June 1971
OJ No L 123/18, 5 June 1971
The text of Article 3 is replaced by the following:
‘1. The butter shall be made in dairies which have the appro-
priate technical installations:
(a) from pasteurized sour cream, and
(b) under conditions which ensure the manufacture of butter of
good keeping quality.
2. However, the intervention agencies of the Member States in
which the production of butter from pasteurized sweet cream is at
least 65% of the total production of butter shall also buy in butter
made from sweet cream.’
The following are inserted at the end of Article 18(1)(b):
‘Butter for intervention’
‘Interventionssmør’
The following are inserted at the end of the second subparagraph of
Article 19(2):
‘for processing in accordance withRegulation (EEC) No 685/69.’
‘bestemt til forarbejdning i overensstemmelse med forordning
(EØF) nr. 685/69’
9.Commission Regulation (EEC) No 2683/70 of 29 December 1970
OJ No L 285/36, 31 December 1970
as amended by:
—Commission Regulation (EEC) No 994/71 of 13 May 1971
OJ No L 108/24, 14 May 1971
—Commission Regulation (EEC) No 1638/71 of 28 July 1971
OJ No L 170/23, 29 July 1971
—Commission Regulation (EEC) No 2369/71 of 4 November 1971
OJ No L 246/27, 5 November 1971
In the Annex, the words:1972B0000 — EN — 01.01.1973 — 000.001 — 76
▼M1
▼B
▼M1
▼B
▼B
‘ex 04.03’,
‘Butter, with a fat content by weight of not more than 99.5 %’ and‘area E’
are deleted.
10.Commission Regulation (EEC) No 757/71 of 7 April 1971
OJ No L 83/53, 8 April 1971
as amended by:
—Commission Regulation (EEC) No 1189/71 of 7 June 1971
OJ No L 124/15, 8 June 1971
—Commission Regulation (EEC) No 1549/71 of 20 July 1971
OJ No L 163/62, 21 July 1971
—Commission Regulation (EEC) No 1688/71 of 30 July 1971
OJ No L 174/1, 3 August 1971
The following are inserted at the end of Article 3(2):
‘Exported from the Community subject to payment of the amount
laid down in Regulation (EEC) No 757/71’
‘Udførsel fra Fællesskabet undergivet opkrævning af det beløb, der
er omhandlet i forordning (EØF) nr. 757/71’
11.Council Regulation (EEC) No 1411/71 of 29 June 1971
OJ No L 148/4, 3 July 1971
as corrected by:
—Corrigendum to Council Regulation (EEC) No 1411/71 of 29 June
1971
OJ No L 188/24, 20 August 1971
—Corrigendum to Council Regulation (EEC) No 1411/71 of 29 June
1971
OJ No L 233/12, 16 October 1971
In Article 6 the following paragraph is inserted:
‘1a. The Member States may provide for an additional whole
milk category with a fat content fixed by them of not less than3.8%.’
(j)Beef and veal
1.Council Regulation (EEC) No 805/68 of 27 June 1968
OJ No L 148/24, 28 June 1968
as amended by:
—Council Regulation (EEC) No 1253/70 of 29 June 1970
OJ No L 143/1, 1 July 1970
—Council Regulation (EEC) No 1261/71 of 15 June 1971
OJ No L 132/1, 18 June 1971
Article 10 is replaced by the following:
‘Article 10
1. Import prices shall be fixed for both calves and adult bovine
animals, calculated for each of these products on the basis ofCommunity free-at-frontier offer prices in accordance withth e
most representative purchasing possibilities as regards quality and
quantity and the development of the market in these products.
This import price shall be determined on the basis of the available
price data for calves, adult bovine animals, or one of the products1972B0000 — EN — 01.01.1973 — 000.001 — 77
▼M1
▼B
▼B
listed in the Annex under Section (a) under tariff heading No 02.01
A II(a)1(aa) or 02.01 A II(a)1(bb), the data on the latter productsbeing converted into offer prices applicable to calves and adult
bovine animals.
2. Where live animals, or their fresh and chilled meat, are
exported from one or more third countries at abnormally low priceswhich are lower than the offer prices of other third countries, aspecial import price shall be fixed for the importation of calvesand adult bovine animals from suchth ird countries.
3. Should one or more of the import prices for calves or for
adult bovine animals, after addition of the customs duty, be lower
than the guide price, the difference between the guide price and theimport price in question plus that addition shall be offset by a levyon imports of that product into the Community.
However, sucha levy sh all be fixed at:
(a) 75% of the above-mentioned difference, if it is found that the
price of the product in question on the representative markets
of the Community is more than the guide price but does not
exceed 102% of that price;
(b) 50 %of the above-mentioned difference, if it is found that the
price of the product in question on the representative markets
of the Community is more than 102% of the guide price but
does not exceed 104 % of that price;
(c) 25% of the above-mentioned difference, if it is found that the
price of the product in question on the representative marketsof the Community is more than 104% of the guide price but
does not exceed 106% of that price;
(d) Nil, if it is found that the price of the product in question on
the representative markets of the Community, is more than106% of the guide price.
4. In applying the provisions of paragraph 3, no account shall be
taken of a variation in the import price or in the price recorded on
the representative markets of the Community which does notexceed an amount to be determined.
5. The price recorded on the representative markets of the
Community shall be derived from the prices recorded on the repre-sentative market or markets of eachMember State for th e various
qualities—of calves, adult bovine animals or the meat of these
animals, as the case may be—after taking into account the signifi-cance of each of such qualities and the relative size of the bovinestock of eachMember State.
6. The detailed rules for the application of this Article shall be
adopted in accordance withth e procedure laid down in Article 27.
7. The levies resulting from the application of paragraph 2 shall
be fixed in accordance withth e procedure laid down in Article 27.
The levies resulting from the application of paragraph 1 shall be
fixed by the Commission.’
2.Commission Regulation (EEC) No 1027/68 of 22 July 1968
OJ No L 174/14, 23 July 1968
as amended by:
—Commission Regulation (EEC) No 705/71 of 31 March1971
OJ No L 77/79, 1 April 1971
Article 8, concerning trade withDenmark, is deleted.The text of Article 9 is replaced by the following:
‘Subject to the provisions of Article 6 of Commission Regulation
(EEC) No 1026/68 of 22 July 1968, on the calculation of a specialimport price for calves and adult bovine animals, the levies referredto in Article 10(1) of Regulation (EEC) No 805/68 shall be fixed1972B0000 — EN — 01.01.1973 — 000.001 — 78
▼B
once weekly and shall be valid from the Monday following the
fixing.’
3.Commission Regulation (EEC) No 1097/68 of 27 July 1968
OJ No L 184/5, 29 July 1968
as amended by:
—Commission Regulation (EEC) No 1261/68 of 20 August 1968
OJ No L 208/7, 21 August 1968
—Commission Regulation (EEC) No 1556/68 of 4 October 1968
OJ No L 244/15, 5 October 1968
—Commission Regulation (EEC) No 1585/68 of 10 October 1968
OJ No L 248/16, 11 October 1968
—Commission Regulation (EEC) No 1809/69 of 12 September 1969
OJ No L 232/6, 13 September 1969
—Commission Regulation (EEC) No 1795/71 of 17 August 1971
OJ No L 187/5, 19 August 1971
The following are inserted at the end of Article 9(1):
‘this copy of the contract entitles to the special import arrange-
ments provided for in Article 14(3), subparagraph(b)(aa) ofRegulation (EEC) No 805/68’
‘Dette kontrakteksemplar berettiger til at nyde godt af den særlige
importordning, der er omhandlet i artikkel 14, stk. 3, litra b, under-
litra aa, i forordning (EØF) nr. 805/68’
►
M1 ◄
(k)Tobacco
Commission Regulation (EEC) No 1726/70 of 25 August 1970
OJ No L 191/1, 27 August 1970
as amended by:
—Commission Regulation (EEC) No 2596/70 of 21 December 1970
OJ No L 277/7, 22 December 1970
The following are inserted at the end of Article 4(1)(a):
‘leaf tobacco harvested in the Community’
‘tobaksblade høstet i Fællesskabet’
The following are inserted at the end of Article 4(1)(b):
‘leaf tobacco imported from third countries’
‘tobaksblade importeret fra tredjelande’
The following are inserted at the end of the third paragraph of Article
5:
‘tobacco imported from third countries’1972B0000 — EN — 01.01.1973 — 000.001 — 79
▼M1
▼B
▼M1
▼B
▼B
‘tobak importeret fra tredjelande’
(l)Fisheries
1.Council Regulation (EEC) No 2142/70 of 20 October 1970
OJ No L 236/5, 27 October 1970
In Article 6, paragraph3 is replaced by th e following:
‘3. The original Member States may continue to make available
the aid granted to producers' organizations established prior to theentry into force of this Regulation and new Member States maycontinue to make available the aid granted to producers' organiza-
tions established prior to the date of accession, in order to facilitate
their adaptation and operation within the framework of themeasures referred to in Article 5(1), provided that the amount andduration of suchaid does not exceed any aid wh ichmay be grantedunder paragraph1.’
After Article 7, a new article is inserted:
‘Article 7a
Where the producers' organization is considered to be representa-
tive of production and of the market in a given economic area,exclusive recognition may be granted by Member States to that
one producers' organization in fishery products.
Producers who are not members of the producers' organization
which has been granted such recognition, and who unload their
products within the region concerned, may be required by the
Member States to comply with:
(a) the common production and marketing rules referred to in the
second indent of the second subparagraph of Article 5(1);
(b) rules adopted by the organization concerned and relating to the
withdrawal price, where the latter is equal to or higher than theprice fixed in application of Article 10(5), but not exceedingthe guide price, and where it is in accordance with the provi-sions made in application of the third subparagraph of Article
7(1).’
In Article 10(4), the second subparagraph is replaced by the following:
‘In order to ensure that producers in landing areas which are very
distant from the main centres of consumption in the Communityhave access to markets under satisfactory conditions, the pricereferred to in the preceding subparagraph may be multiplied byconversion factors for these areas; these factors shall be determined
in such a way that the differences between the prices thus
converted correspond to the price disparities expected in the caseof normal production on the basis of natural conditions of priceformation on the market.
The Council, acting in accordance with the voting procedure laid
down in Article 43(2) of the EEC Treaty on a proposal from theCommission, shall adopt general rules for determining the percen-tage of the guide price to be used in calculating the withdrawal
price, and for determining the landing areas referred to in the
preceding subparagraph.
On the basis of a report by the Commission, the Council shall
examine the possible consequences of applying the conversion
factors to the calculation of financial compensation made takinginto account the position of fishermen in very distant areas. TheCouncil, acting in accordance withth e voting procedure referredto in the preceding subparagraph on a proposal from the Commis-sion, shall adopt the necessary decisions.’1972B0000 — EN — 01.01.1973 — 000.001 — 80
▼M1
▼B
▼B
After Article 25, a new article is inserted:
‘Article 25a
For frozen products, the Council, acting in accordance with the
procedure laid down in Article 43(2) of the EEC Treaty, shall, tothe fullest extent necessary, adopt appropriate provisions to avoidunstable prices and unequal conditions of competition betweenfishfrozen on board and fishfrozen on land. Th e Council, actingin accordance with the same procedure, shall also adopt appropriate
measures to remedy the difficulties which could arise with regard
to the stability of supply.’
2.Council Regulation (EEC) No 166/71 of 26 January 1971
OJ No L 23/3, 29 January 1971
The following are inserted at the end of Article 10(1)(b):
‘shrimps’
‘grå rejer’
(m)Hops
Council Regulation (EEC) No 1696/71 of 26 July 1971
OJ No L 175/1, 4 August 1971
In Article 17(5), the amount: ‘1.6 million units of account’ is replaced
by: ‘2.4 million units of account.’
C. Acts of a general nature
1.Commission Regulation (EEC) No 1373/70 of 10 July 1970
OJ No L 158/1, 20 July 1970
as amended by:
—Commission Regulation (EEC) No 2638/70 of 23 December 1970
OJ No L 283/34, 29 December 1970
In Article 6, paragraph3 is replaced by th e following:
‘3. The time limits fixed in this Article shall be:
(a) later by one hour in Italy during the period when Summer Time
is in force in that Member State,
(b) earlier by one hour in Ireland and in the United Kingdom
during the period when Summer Time is not in force in thoseMember States.’
In the second subparagraph of Article 12(4) the second sentence is
replaced by the following:
‘The number shall be preceded by the following letters according to
the country issuing the document: B for Belgium, DK for Denmark,D for Germany, F for France, IR for Ireland, I for Italy, L forLuxembourg, N L for the Netherlands ►
M1 ◄and
UK for the United Kingdom.’
2.Commission Regulation (EEC) No 2637/70 of 23 December 1970
OJ No L 283/15, 29 December 1970
as amended by:
—Commission Regulation (EEC) No 434/71 of 26 February 1971
OJ No L 48/71, 27 February 1971
—Commission Regulation (EEC) No 435/71 of 26 February 1971
OJ No L 48/72, 27 February 1971
—Commission Regulation (EEC) No 589/71 of 19 March19711972B0000 — EN — 01.01.1973 — 000.001 — 81
▼M1
▼B
▼B
OJ No L 67/15, 20 March1971
—Commission Regulation (EEC) No 952/71 of 7 May 1971
OJ No L 103/11, 8 May 1971
—Commission Regulation (EEC) No 1391/71 of 30 June 1971
OJ No L 145/44, 1 July 1971
—Commission Regulation (EEC) No 1605/71 of 26 July 1971
OJ No L 168/13, 27 July 1971
—Commission Regulation (EEC) No 1607/71 of 26 July 1971
OJ No L 168/16, 27 July 1971
—Commission Regulation (EEC) No 1614/71 of 26 July 1971
OJ No L 168/34, 27 July 1971
—Commission Regulation (EEC) No 2128/71 of 4 October 1971
OJ No L 224/16, 5 October 1971
—Commission Regulation (EEC) No 2195/71 of 13 October 1971
OJ No L 231/26, 14 October 1971
—Commission Regulation (EEC) No 2256/71 of 21 October 1971
OJ No L 237/25, 22 October 1971
The following are inserted at the end of the second subparagraph of
Article 8(2):
‘without cash refund’
‘uden kontant restitution’
The following are inserted at the end of the fourth subparagraph of
Article 8(3):
‘exempt from levies’
‘fritagelse for importafgift’
The following are inserted at the end of the first paragraph of Article
10:
‘the quantity relates to the standard quality’
‘mængden refererer til standardkvaliteten’
In Article 11(2)(b), the following words are deleted: ‘Denmark’ and
‘Great Britain’
The following are inserted at the end of the second subparagraph of
Article 16(1):
‘valid for … (quantity given in figures and in letters)’
‘gyldig for … (mængde i tal og bogstaver)’
The following are inserted at the end of the first paragraph of Article
18:
‘the abbreviations AAMS/OCT’1972B0000 — EN — 01.01.1973 — 000.001 — 82
▼M1
▼B
▼M1
▼B
▼M1
▼B
▼M1
▼B
▼B
‘forkortelserne A.A.S.M./O.L.T.’
The following are inserted at the end of the second paragraph of
Article 18:
‘levy applied for in accordance withArticle 3(2) of Regulation
(EEC) No 540/70’
‘importafgift begæres i overensstemmelse med artikel 3, stk. 2,
forordning (EØF) nr. 540/70’
The following are inserted at the end of the first paragraph of Article19:
‘food aid’
‘fødevarehjælp’
The following are inserted at the end of Article 30(2):
‘Tender Regulation No … (OJ No …, …) final date for the submis-
sion of tenders expiring on …’
‘licitationsforordning nr. … (EFT nr. … af …) tilbudsfristen
udløber …’
The following are inserted at the end of the first paragraph of Article31:
‘for export in pursuance of Article 25 of Regulation No 1009/67/
EEC’
‘til eksport i medfør af artikel 25 i forordning nr. 1009/67/EØF’
The following are inserted at the end of the second paragraph of
Article 31:
‘for export without refund’
‘til eksport uden restitution’
In Article 35(2)(b), the heading: ‘ex 04.04 E I(b)1 Cheddar and Chester
for export to Area E’ is deleted.
In Article 35, paragraph4 is deleted.
The following are inserted at the end of the first subparagraph of
Article 36(1):
‘target quantity’1972B0000 — EN — 01.01.1973 — 000.001 — 83
▼M1
▼B
▼M1
▼B
▼M1
▼B
▼M1
▼B
▼M1
▼B
▼M1
▼B
▼B
‘anslået mængde’
The following are inserted at the end of the second subparagraph of
Article 36(3):
‘additional licence’
‘ekstra licens’
The following are inserted at the end of Article 41(1):
‘meat intended for processing—system (bb) …’
‘kød bestemt til forarbejdning—ordning bb …’
The following are inserted at the end of Article 41(2):
‘suspension of the levy at … % in respect of … (quantity in figures
and in letters) kg’
‘nedsættelse af importafgiften til … % for … (kvantum i tal og
bogstaver) kg’
The following are inserted at the end of the end of the second subpar-agraphof Article 47(1):
‘density tolerance of 0.03’
‘tolerance for vægtfylde på 0,03’
The following are inserted at the end of the second subparagraph of
Article 49(2):
‘tolerance of 0.4 degree’
‘tolerance 0,4 grader’
D. Legislation on Seeds and Plants
1.Council Directive No 66/401/EEC of 14 June 1966
OJ No 125/2298, 11 July 1966
as amended by:
—Council Directive No 69/63/EEC of 18 February 1969
OJ No L 48/8, 26 February 1969
—Council Directive No 71/162/EEC of 30 March1971
OJ No L 87/24, 17 April 19711972B0000 — EN — 01.01.1973 — 000.001 — 84
▼M1
▼B
▼M1
▼B
▼M1
▼B
▼M1
▼B
▼M1
▼B
▼M1
▼B
▼B
In Article 14, a new paragraphis inserted, worded as follows:
‘1a. The Commission, in accordance with the procedure
provided for in Article 21, shall for the marketing of forage cropseeds authorize, in respect of the whole or parts of the territory ofone or more Member States, provisions which are more strict thanthose laid down in Annex II concerning the presence of Avenafatua in those seeds, if similar provisions are applied to the home
production of those seeds and if there is a campaign to eradicate
Avena fatua from forage crops grown in the region in question.’
2.Council Directive No 66/402/EEC of 14 June 1966
OJ No 125/2309, 11 July 1966
as amended by:
—Council Directive No 69/60/EEC of 18 February 1969
OJ No L 48/1, 26 February 1969
—Council Directive No 71/162/EEC of 30 March1971
OJ No L 87/24, 17 April 1971
In Article 14, a new paragraphis inserted, worded as follows:
‘1a. The Commission, in accordance with the procedure
provided for in Article 21, shall for the marketing of cereal seedsauthorize, in respect of the whole or parts of the territory of oneor more Member States, provisions which are more strict than thoselaid down in Annex II concerning the presence of Avena fatua in
those seeds, if similar provisions are applied to the home produc-
tion of those seeds and if there is a campaign to eradicate Avenafatua from cereals grown in the region in question.’
3.Council Directive No 70/457/EEC of 29 September 1970
OJ No L 225/1, 12 October 1970
The following subparagraph is inserted at the end of Article 3(3):
‘With regard to the new Member States, the date 1 July 1970
referred to above shall be replaced by the date 1 January 1973.’
The following subparagraph is inserted at the end of Article 15(1):
‘With regard to the new Member States, the date 1 July 1972
referred to above shall be replaced by the date 1 July 1973.’
The following subparagraph is inserted at the end of Article 16(1):
‘With regard to the new Member States, the date 1 July 1972
referred to above shall be replaced by the date 1 July 1973.’
The following paragraph is inserted at the end of Article 17:
‘With regard to the new Member States, the date 1 July 1972
referred to above shall be replaced by the date 1 July 1973.’
4.Council Directive No 70/458/EEC of 29 September 1970
OJ No L 225/7, 12 October 1970
as amended by:
—Council Directive No 71/162/EEC of 30 March1971
OJ No L 87/24, 17 April 1971
The following subparagraph is inserted at the end of Article 9(1):
‘With regard to the new Member States, the dates 1 July 1970 and
30 June 1975 referred to above shall be replaced respectively bythe dates 1 January 1973 and 31 December 1977.’
The following subparagraph is inserted at the end of Article 9(2):
‘With regard to the new Member States, the date 1 July 1970
referred to above shall be replaced by the date 1 January 1973.’
The following subparagraph is inserted at the end of Article 12(1):1972B0000 — EN — 01.01.1973 — 000.001 — 85
▼B
‘With regard to the new Member States, the date 1 July 1970
referred to above shall be replaced by the date 1 January 1973.’
The following subparagraph is inserted at the end of Article 16(4):
‘With regard to the new Member States, the date 1 July 1972
referred to above shall be replaced by the date 1 July 1973.’
The following subparagraph is inserted at the end of Article 26(2):
‘With regard to the new Member States, the date 1 July 1970
referred to above shall be replaced by the date 1 January 1973.’
In Annex II 3(a):
(a) after the line concerning Asparagus officinalis, the following
species is inserted: ‘Beta vulgaris (Cheltenham beet variety)’, andin the columns relating to minimum specific purity, the maximumamount of seeds of other plant varieties and the minimum germi-nating factor, the following percentages respectively are inserted:
‘97—0.5—50 (glomerules)’
(b) ‘Beta vulgaris (all varieties)’ is replaced by:
‘Beta vulgaris (other varieties)’
E. Agricultural Statistics
1.Council Directive No 68/161/EEC of 27 March1968
OJ No L 76/13, 28 March1968
as corrected by:
Corrigendum to Council Directive No 68/161/EEC of 27 March
1968
OJ No L 132/15, 14 June 1968
The following sentence is inserted at the end of Article 1(1)(b): ‘The
new Member States shall carry out this study during 1973.’
2.Council Directive No 69/400/EEC of 28 October 1969
OJ No L 288/1, 17 November 1969
The following subparagraph is inserted at the end of Article 6(2):
‘In the case of the new Member States, the information at their
disposal shall be forwarded as early as possible following acces-
sion.’
F. Veterinary Legislation
1.Council Directive No 64/432/EEC of 26 June 1964
OJ No 121/1977, 29 July 1964
as amended by:
—Council Directive No 66/600/EEC of 25 October 1966
OJ No 192/3294, 27 October 1966
—Council Directive No 70/360/EEC of 13 July 1970
OJ No L 157/40, 18 July 1970
—Council Directive No 71/285/EEC of 19 July 1971
OJ No L 179/1, 9 August 1971
The date given in the second subparagraph of Article 7(1), point C, is
replaced by the date 31 December 1977.
In Annex F:
(a) — the reference (3) is inserted in point IV, in the fifth line of the
certificate at Specimen I, after the word ‘boat’
— the reference (4)is inserted in point IV, in the fifth line of the
certificate at Specimen II, after the word ‘boat’
— the reference (3) is inserted in point IV, in the fifth line of the
certificate at Specimen III, after the word ‘boat’1972B0000 — EN — 01.01.1973 — 000.001 — 86
▼B
— the reference (4) is inserted in point IV, in the fifth line of the
certificate at Specimen IV, after the word ‘boat’
(b) — footnote 3 of the certificate at Specimen I
— footnote 4 of the certificate at Specimen II
— footnote 3 of the certificate at Specimen III
— footnote 4 of the certificate at Specimen IV
are replaced by the following sentence:
‘In the case of trucks and lorries, state the registration number, in
the case of aircraft, the flight number, and in the case of boats, thename.’
2.Council Directive No 64/433/EEC of 26 June 1964
OJ No 121/2012, 29 July 1964
as amended by:
—Council Directive No 66/601/EEC of 25 October 1966
OJ No 192/3302, 27 October 1966
—Council Directive No 69/349/EEC of 6 October 1969
OJ No L 256/5, 11 October 1969
—Council Directive No 70/486/EEC of 27 October 1970
OJ No L 239/42, 30 October 1970
In Annex I, Chapter IX, point 40, the third indent of subparagraph 1,
and point 43, the third indent of subparagraph 3 are replaced by the
phrase:
‘— in the lower part, one of the initials CEE—EEG—EWG—EØ-
F—EEC.’
In Annex II, footnote 3 of the specimen certificate of health is replaced
by the sentence:
‘In the case of trucks and lorries, state the registration number, in
the case of aircraft, the flight number, and in the case of boats, the
name.’
3.Council Directive No 71/118/EEC of 15 February 1971
OJ No L 55/23, 8 March1971
The following sentence is added to the first subparagraph of Annex I,
Chapter II, point 2(b):
‘However, within those Member States which have laid down that
pigeons must be slaughtered in accordance with the provisions of
this Directive, fresh meat from such pigeons may be stored in the
same premises as freshmeat from domestic animals belonging tothe species referred to in Article 1(1).’
The following sentence is added to the text of No 16 in Annex I,
Chapter IV:
‘However, stunning may be omitted if it is forbidden by a religious
rite.’
In Annex I, Chapter VII, point 31, the third indent of subparagraph 2(a)
and the third indent of subparagraph 2(c) are replaced by the phrase:
‘— in the lower part, one of the initials CEE—EEG—EWG—EØ-
F—EEC.’
The following sentence is added to the text of point 1(a) in Annex II:
‘When such a certificate has not been issued in a Member State, it
may be replaced by a statement under oathor solemn affirmationmade by the person concerned in the presence of a legal or admin-istrative authority, a notary or a qualified professional body of thatMember State.’
In Annex IV, footnote 3, of the specimen certificate of health is
replaced by the sentence:1972B0000 — EN — 01.01.1973 — 000.001 — 87
▼B
‘In the case of trucks and lorries, state the registration number, in
the case of aircraft, the flight number, and in the case of boats, thename.’
III. RIGHT OF ESTABLISHMENT, FREEDOM TO PROVIDE
SERVICES, COORDINATION OF PROCEDURES IN THEFIELD OF PUBLIC WORKS CONTRACTS AND APPROXIMA-
TION OF LEGISLATION
A. Agriculture, Forestry, Horticulture, Fisheries
1.Council Directive No 65/1/EEC of 14 December 1964
OJ No 1/65, 8 January 1965
The following is inserted at the end of Article 5(2):
‘(d) In Denmark:
— the requirement that persons not resident in Denmark and
companies and firms not registered there wishing to acquireimmovable property obtain prior authorization from theMinistry of Justice (Law of 23 December 1959 on the acquisi-tion of immovable property)’.
Article 6(2) is replaced by the following:
‘2. Where the country of origin or the country whence the bene-
ficiary comes does not issue suchdocumentary proof of good
repute or documentary proof of no previous bankruptcy, suchproofmay be replaced by a declaration on oath—or, in States where thereis no provision for declaration on oath, by a solemn declaration—-made by the person concerned before a competent judicial or
administrative authority, or where appropriate a notary, in the
country of origin or in the country whence that person comes;such authority or notary will issue a certificate attesting the authen-ticity of the declaration on oath or solemn declaration. Adeclaration in respect of no previous bankruptcy may also bemade before a competent professional or trade body in the said
country.’
2.Council Directive No 67/530/EEC of 25 July 1967
OJ No 190/1, 10 August 1967
The following is inserted at the end of Article 3(2):
‘in Denmark:
— the requirement that persons not resident in Denmark and
companies and firms not registered there wishing to acquire
immovable property obtain prior authorization from the
Ministry of Justice (Law of 23 December 1959 on the acquisi-tion of immovable property);
►
M1 ◄’
3.Council Directive No 67/531/EEC of 25 July 1967
OJ No 190/3, 10 August 1967
The following is inserted at the end of Article 3(2):
‘in Denmark:
— the requirement that persons not resident in Denmark and
companies and firms not registered there wishing to acquireimmovable property obtain prior authorization from the
Ministry of Justice (Law of 23 December 1959 on the acquisi-
tion of immovable property).’
4.Council Directive No 67/532/EEC of 25 July 1967
OJ No 190/5, 10 August 1967
The following is inserted at the end of Article 2(1)(b):
‘in the United Kingdom:
“Cooperative association” (Finance Act 1965, section 70(9));1972B0000 — EN — 01.01.1973 — 000.001 — 88
▼B
in Ireland:
“Cooperative society” (Industrial and Provident Societies Acts,
1893—1966);
in Denmark:
“Andelsselskab”;
►M1 ◄’
5.Council Directive No 67/654/EEC of 24 October 1967
OJ No 263/6, 30 October 1967
The following is inserted at the end of Article 3(2)
‘(d) in Denmark:
— the requirement that persons not resident in Denmark and
companies and firms not registered there wishing to
acquire immovable property obtain prior authorization
from the Ministry of Justice (Law of 23 December 1959on the acquisition of immovable property);
►
M1 ◄’
Article 6(2) is replaced by the following:
‘Where the country of origin or the country whence the beneficiary
comes does not issue suchdocumentary proof of good repute ordocumentary proof of no previous bankruptcy, suchproof may bereplaced by a declaration on oath—or, in States where there is no
provision for declaration on oath, by a solemn declaration—made
by the person concerned before a competent judicial or administra-tive authority, or where appropriate a notary, in the country oforigin or in the country whence that person comes; such authorityor notary will issue a certificate attesting the authenticity of the
declaration on oathor solemn declaration. A declaration in respect
of no previous bankruptcy may also be made before a competentprofessional or trade body in the said country.’
6.Council Directive No 68/192/EEC of 5 April 1968
OJ No L 93/13, 17 April 1968
The following is inserted at the end of Article 3(2):
‘in Denmark:
— the rule restricting the granting and extension of loans guaran-
teed on certain favourable terms for small farmers to Danishnationals (§ 5(1) of Law No 117 of 10 April 1967 on smallfarmers).’
7.Council Directive No 71/18/EEC of 16 December 1970
OJ No L 8/24, 11 January 1971
The following is inserted at the end of Article 3(2):
‘(c) in Denmark:
— the requirement that persons not resident in Denmark and
companies and firms not registered there wishing to acquire
immovable property obtain prior authorization from theMinistry of Justice (Law of 23 December 1959 on the acquisi-tion of immovable property).’
Article 7(2) is replaced by the following:
‘Where the country of origin or the country whence the beneficiary
comes does not issue suchdocumentary proof of good repute ordocumentary proof of no previous bankruptcy, suchproof may bereplaced by a declaration on oath—or, in States where there is no
provision for declaration on oath, by a solemn declaration—made
by the person concerned before a competent judicial or administra-tive authority, or where appropriate a notary, in the country oforigin or in the country whence that person comes; such authorityor notary will issue a certificate attesting the authenticity of thedeclaration on oathor solemn declaration. A declaration in respect1972B0000 — EN — 01.01.1973 — 000.001 — 89
▼B
of no previous bankruptcy may also be made before a competent
professional or trade body in the said country.’
B. Mining and Quarrying, Electricity, Gas and Water
1.Council Directive No 64/428/EEC of 7 July 1964
OJ No 117/1871, 23 July 1964
The following is inserted at the end of Article 4(2):
‘(e) in the United Kingdom:
— limiting issue of licences for oil and natural gas exploration or
production to persons who are citizens of the United Kingdom
and Colonies and are resident in the United Kingdom or who
are bodies corporate incorporated in the United Kingdom(Regulation No 4 of the Petroleum (Production) Regulations1966);
(f) in Denmark:
— the requirement that persons not resident in Denmark and
companies and firms not registered there wishing to acquire
immovable property obtain prior authorization from the
Ministry of Justice (Law of 23 December 1959 on the acquisi-tion of immovable property);
►
M1 ◄’
Article 6(2) is replaced by the following:
‘Where the country of origin or the country whence the beneficiary
comes does not issue suchdocumentary proof of good repute ordocumentary proof of no previous bankruptcy, suchproof may be
replaced by a declaration on oath—or, in States where there is no
provision for declaration on oath, by a solemn declaration—madeby the person concerned before a competent judicial or administra-tive authority, or where appropriate a notary, in the country oforigin or in the country whence that person comes; such authorityor notary will issue a certificate attesting the authenticity of the
declaration on oathor solemn declaration.A declaration in respect
of no previous bankruptcy may also be made before a competentprofessional or trade body in the said country.’
2.Council Directive No 66/162/EEC of 28 February 1966
OJ No 42/584, 8 March1966
The following is inserted at the end of Article 4(2):
‘(e) in Denmark:
— the requirement that persons not resident in Denmark and
companies and firms not registered there wishing to acquireimmovable property obtain prior authorization from theMinistry of Justice (Law of 23 December 1959 on the acquisi-tion of immovable property);
►
M1 ◄’
Article 7(2) is replaced by the following:
‘Where the country of origin or the country whence the beneficiary
comes does not issue suchdocumentary proof of good repute or
documentary proof of no previous bankruptcy, suchproof may bereplaced by a declaration on oath—or, in States where there is noprovision for declaration on oath, by a solemn declaration—madeby the person concerned before a competent judicial or administra-
tive authority, or where appropriate a notary, in the country of
origin or in the country whence that person comes; such authorityor notary will issue a certificate attesting the authenticity of thedeclaration on oathor solemn declaration. A declaration in respectof no previous bankruptcy may also be made before a competentprofessional or trade body in the said country.’
3.Council Directive No 69/82/EEC of 13 March1969
OJ No L 68/4, 19 March19691972B0000 — EN — 01.01.1973 — 000.001 — 90
▼B
The following is inserted at the end of Article 3(2):
‘(d) in the United Kingdom:
— limiting issue of licences for oil and natural gas exploration to
persons who are citizens of the United Kingdom and Colonies
and are resident in the United Kingdom or who are bodies
corporate incorporated in the United Kingdom (Regulation No4 of the Petroleum (Production) Regulations 1966);
(e) in Denmark:
— making it obligatory for persons not resident in Denmark and
companies and firms not registered there wishing to acquireimmovable property to obtain prior authorization from the
Ministry of Justice (Law of 23 December 1959 on the acquisi-
tion of immovable property);
►
M1 ◄’
Article 5(2)is replaced by the following:
‘Where the country of origin or the country whence the beneficiary
comes does not issue suchdocumentary proof of good repute or
documentary proof of no previous bankruptcy, suchproof may be
replaced by a declaration on oath—or, in States where there is noprovision for declaration on oath, by a solemn declaration—madeby the person concerned before a competent judicial or administra-tive authority, or where appropriate a notary, in the country oforigin or in the country whence that person comes; such authority
or notary will issue a certificate attesting the authenticity of the
declaration on oathor solemn declaration. A declaration in respectof no previous bankruptcy may also be made before a competentprofessional or trade body in the said country.’
C. Manufacturing Industries
1.Council Directive No 68/365/EEC of 15 October 1968
OJ No L 260/9, 22 October 1968
The following is inserted at the end of Article 3(2):
‘(d) in Denmark:
— the requirement that members of the board of directors of
companies or firms authorized to produce alcohol and yeast beof Danishnationality (§ 3(1) of Law No 74 of 15 March1934on alcohol and yeast);
— the requirement that persons not resident in Denmark and
companies and firms not registered there wishing to acquireimmovable property obtain prior authorization from theMinistry of Justice (Law of 23 December 1959 on the acquisi-tion of immovable property);
►
M1 ◄’
The second subparagraph of Article 6(1) is replaced by the following:
‘Where the country of origin or the country whence the beneficiary
comes does not issue suchdocumentary proof of good repute ordocumentary proof of no previous bankruptcy, suchproof may bereplaced by a declaration on oath—or, in States where there is noprovision for declaration on oath, by a solemn declaration—made
by the person concerned before a competent judicial or administra-
tive authority, or where appropriate a notary, in the country oforigin or in the country whence that person comes; such authorityor notary will issue a certificate attesting the authenticity of thedeclaration on oathor solemn declaration. A declaration in respect
of no previous bankruptcy may also be made before a competent
professional or trade body in the said country.’
2.Council Directive No 64/429/EEC of 7 July 1964
OJ No 117/1880, 23 July 1964
The following is inserted at the end of Article 4(2):1972B0000 — EN — 01.01.1973 — 000.001 — 91
▼B
‘(f) in Denmark:
— the requirement that persons not resident in Denmark and
companies and firms notregistered there wishing to acquireimmovable property obtain prior authorization from theMinistry of Justice (Law of 23 December 1959 on the acquisi-
tion of immovable property);
►
M1 ◄’
Article 7(2) is replaced by the following:
‘Where the country of origin or the country whence the beneficiary
comes does not issue suchdocumentary proof of good repute ordocumentary proof of no previous bankruptcy, suchproof may be
replaced by a declaration on oath—or, in States where there is no
provision for declaration on oath, by a solemn declaration—madeby the person concerned before a competent judicial or administra-tive authority, or where appropriate a notary, in the country oforigin or in the country whence that person comes; such authorityor notary will issue a certificate attesting the authenticity of the
declaration on oathor solemn declaration. A declaration in respect
of no previous bankruptcy may also be made before a competentprofessional or trade body in the said country.’
D. Commercial Activities, including those of Intermediaries
1.Council Directive No 64/223/EEC of 25 February 1964
OJ No 56/863, 4 April 1964
The following is inserted at the end of Article 3(2):
‘(e) in Denmark:
— the requirement that persons not resident in Denmark and
companies and firms not registered there wishing to acquire
immovable property obtain prior authorization from theMinistry of Justice (Law of 23 December 1959 on the acquisi-tion of immovable property);
►
M1 ◄’
Article 6(2) is replaced by the following:
‘Where the country of origin or the country whence the beneficiary
comes does not issue suchdocumentary proof of good repute or
documentary proof of no previous bankruptcy, suchproof may bereplaced by a declaration on oath—or, in States where there is noprovision for declaration on oath, by a solemn declaration—madeby the person concerned before a competent judicial or administra-
tive authority, or where appropriate a notary, in the country of
origin or in the country whence that person comes; such authorityor notary will issue a certificate attesting the authenticity of thedeclaration on oathor solemn declaration.A declaration in respectof no previous bankruptcy may also be made before a competentprofessional or trade body in the said country.’
2.Council Directive No 64/224/EEC of 25 February 1964
OJ No 56/869, 4 April 1964
The following is inserted at the end of Article 3:
‘in the United Kingdom:
Self-employed persons Paid employees
Agent Commercial traveller
Commission agent Commission salesmanBroker RepresentativeFactorRepresentativeWholesale auctioneer
in Ireland:
Agent Commercial traveller1972B0000 — EN — 01.01.1973 — 000.001 — 92
▼B
Self-employed persons Paid employees
Broker Sales representative
Commercial (or Commission)
agent
in Denmark:
Handelsagent Handelsrejsende
Varemægler Repræsentant
Kommissionær
►M1 ◄’
The following is inserted at the end of Article 4(2):
‘in the United Kingdom:
— the sale of goods in execution of a court order (a) in England
and Wales by sheriffs, undersheriffs or sheriffs' officers or (b)in Scotland by messengers-at-arms, sheriffs' officers or anyperson authorized by a sheriff to act as such;
in Ireland:
— the sale of goods in execution of a court order by sheriffs,
under-sheriffs or court messengers;
in Denmark:
— the sale by auction of goods by auctioneers.’
The following is inserted at the end of Article 5(2):
‘(f) in Denmark:
— the requirement that a person to whom an authorization to orga-
nize sales of fish and shellfish by public auction is issued shall
be of Danishnationality (Article 3(1) of Law No 72 of 13
March1969 on th e sale of fishby public auction);
— the requirement that persons pursuing the occupation of author-
ized broker or authorized assistant broker shall be of Danishnationality (§§ 1(2) and 7(4) of Law No 69 of 15 March1967on brokers and shipbrokers);
— the requirement that persons not resident in Denmark and
companies and firms not registered there wishing to acquireimmovable property obtain prior authorization from theMinistry of Justice (Law of 23 December 1959 on the acquisi-
tion of immovable property);
►
M1 ◄’
Article 8(2) is replaced by the following:
‘Where the country of origin or the country whence the beneficiary
comes does not issue suchdocumentary proof of good repute ordocumentary proof of no previous bankruptcy, suchproof may be
replaced by a declaration on oath—or, in States where there is no
provision for declaration on oath, by a solemn declaration—madeby the person concerned before a competent judicial or administra-tive authority, or where appropriate a notary, in the country oforigin or in the country whence that person comes; such authority
or notary will issue a certificate attesting the authenticityof the
declaration on oathor solemn declaration. A declaration in respectof no previous bankruptcy may also be made before a competentprofessional or trade body in the said country.’
3.Council Directive No 68/363/EEC of 15 October 1968
OJ No L 260/1, 22 October 1968
The following is inserted at the end of Article 4:
‘in the United Kingdom:
— the sale of goods in execution of a court order (a) in England
and Wales by sheriffs, undersheriffs or sheriffs' officers or (b)in Scotland by messengers-at-arms, sheriffs' officers or anyperson authorized by a sheriff to act as such;1972B0000 — EN — 01.01.1973 — 000.001 — 93
▼B
in Ireland:
— the sale of goods in execution of a court order by sheriffs,
under-sheriffs or court messengers;
in Denmark:
— the sale by auction of goods by auctioneers.’
The following is inserted at the end of Article 5(2):
‘(f) in Denmark:
— the requirement that persons not resident in Denmark and
companies and firms not registered there wishing to acquireimmovable property obtain prior authorization from the
Ministry of Justice (Law of 23 December 1959 on the acquisi-
tion of immovable property);
►
M1 ◄’
The second subparagraph of Article 8(1) is replaced by the following:
‘Where the country of origin or the country whence the beneficiary
comes does not issue suchdocumentary proof of good repute ordocumentary proof of no previous bankruptcy, suchproof may bereplaced by a declaration on oath—or, in States where there is noprovision for declaration on oath, by a solemn declaration—madeby the person concerned before a competent judicial or administra-
tive authority, or where appropriate a notary, in the country of
origin or in the country whence that person comes; such authorityor notary will issue a certificate attesting the authenticity of thedeclaration on oathor solemn declaration. A declaration in respectof no previous bankruptcy may also be made before a competent
professional or trade body in the said country.’
4.Council Directive No 70/522/EEC of 30 November 1970
OJ No L 267/14, 10 December 1970
The following is inserted at the end of Article 4(2):
‘(d) in Denmark:
— the requirement that persons not resident in Denmark and
companies and firms not registered there wishing to acquireimmovable property obtain prior authorization from theMinistry of Justice (Law of 23 December 1959 on the acquisi-tion of immovable property);
►
M1 ◄’
Article 7(2) is replaced by the following:
‘Where the country of origin or the country whence the beneficiary
comes does not issue suchdocumentary proof of good repute or
documentary proof of no previous bankruptcy, suchproof may be
replaced by a declaration on oath—or, in States where there is noprovision for declaration on oath, by a solemn declaration—madeby the person concerned before a competent judicial or administra-tive authority, or whereappropriate a notary, in the country oforigin or in the country whence that person comes; such authority
or notary will issue a certificate attesting the authenticity of the
declaration on oathor solemn declaration. A declaration in respectof no previous bankruptcy may also be made before a competentprofessional or trade body in the said country.’
E. Service Undertakings
(including personal and business services)
1.Council Directive No 67/43/EEC of 12 January 1967
OJ No 10/140, 19 January 1967
The following is inserted at the end of Article 2(3):
‘in the United Kingdom:
— estate agents, including accommodation and house agents;
— estate or property developers;1972B0000 — EN — 01.01.1973 — 000.001 — 94
▼B
— estate, house or property factors;
— estate or property managers;
— property investment or development companies;
— property consultants;— property valuers;
in Ireland:
— auctioneers;
— estate agents;— house agents;— property developers;— estate consultants;
— estate managers;
— estate valuers.
in Denmark:
— ejendomsmæglere;
— ejendomshandlere;
— ejendomsudlejningsbureauer.
►
M1 ◄’
The following is inserted at the end of Article 4:
‘(c) in the United Kingdom:
— verderers of the New Forest and the Forest of Dean.’
The following is inserted at the end of Article 5(2):
‘(e) in Denmark:
— the condition of possession of Danish nationality for admission
to the profession of estate agent (ejendomsmægler) (§ 1(2) ofLaw No 218 of 8 June 1966 on estate agents);
— the condition of possession of Danish nationality for admission
to the professions of translator and interpreter (§ 1(2) of Law
No 213 of 8 June 1966 on translators and interpreters);
— the requirement that persons not resident in Denmark and
companies and firms not registered there wishing to acquireimmovable property obtain prior authorization from theMinistry of Justice (Law of 23 December 1959 on the acquisi-tion of immovable property);
►
M1 ◄’
Article 8(3) is replaced by the following:
‘Where the country of origin or the country whence the beneficiary
comes does not issue suchdocumentary proof of good repute ordocumentary proof of no previous bankruptcy, suchproof may be
replaced by a declaration on oath—or, in States where there is no
provision for declaration on oath, by a solemn declaration—madeby the person concerned before a competent judicial or administra-tive authority, or where appropriate a notary, in the country oforigin or in the country whence that person comes; such authority
or notary will issue a certificate attesting the authenticity of the
declaration on oathor solemn declaration. A declaration in respectof no previous bankruptcy may also be made before a competentprofessional or trade body in the said country.’
2.Council Directive No 68/367/EEC of 15 October 1968
OJ No L 260/16, 22 October 1968
The following is inserted at the end of Article 3(2):
‘(f) in Denmark:
— the requirement that persons not resident in Denmark and
companies and firms notregistered there wishing to acquireimmovable property obtain prior authorization from theMinistry of Justice (Law of 23 December 1959 on the acquisi-tion of immovable property);1972B0000 — EN — 01.01.1973 — 000.001 — 95
▼B
►M1 ◄’
The second subparagraph of Article 6(1) is replaced by the following:
‘Where the country of origin or the country whence the beneficiary
comes does not issue suchdocumentary proof of good repute or
documentary proof of no previous bankruptcy, suchproof may bereplaced by a declaration on oath—or, in States where there is noprovision for declaration on oath; by a solemn declaration—madeby the person concerned before a competent judicial or administra-tive authority, or where appropriate a notary, in the country of
origin or in the country whence that person comes; such authority
or notary will issue a certificate attesting the authenticity of thedeclaration on oathor solemn declaration. A declaration in respectof no previous bankruptcy may also be made before a competentprofessional or trade body in the said Country.’
F. Cinema
1.Council Directive No 68/369/EEC of 15 October 1968
JO No L 260/22, 22 October 1968
The following is inserted at the end of Article 3(2):
‘(d) in Denmark:
— the requirement that persons not resident in Denmark and
companies and firms not registered there wishing to acquire
immovable property obtain prior authorization from the
Ministry of Justice (Law of 23 December 1959 on the acquisi-tion of immovable property).’
The second subparagraph of Article 4(1) is replaced by the following:
‘Where the country of origin or the country whence the beneficiary
comes does not issue suchdocumentary proof of good repute or
documentary proof of no previous bankruptcy, suchproof may be
replaced by a declaration on oath—or, in States where there is noprovision for declaration on oath, by a solemn declaration—madeby the person concerned before a competent judcial or administra-tive authority, or where appropriate a notary, in the country oforigin or in the country whence that person comes; such authority
or notary will issue a certificate attesting the authenticity of the
declaration on oathor solemn declaration. A declaration in respectof no previous bankruptcy may also be made before a competentprofessional or trade body in the said country.’
2.Council Directive No 70/451/EEC of 29 September 1970
OJ No L 218/37, 3 October 1970
The following is inserted at the end of Article 3(2):
‘(e) in the United Kingdom:
— the rule that only a company registered in, and the central
management and control of whose business is exercised in, theUnited Kingdom shall be eligible for a payment from theBritishFilm Fund (§ 3(1)(ii) of SI 1970 No 1146);
“(f) in Denmark:
— the rule resticting the granting of aids for film production from
the Danish Film Fund to persons having Danish nationality (§
33 of Law No 155 of 27 May 1964 on films and cinemas);
— the requirement that persons not resident in Denmark and
companies and firms not registered there wishing to acquireimmovable property obtain prior authorization from the
Ministry of Justice (Law of 23 December 1959 on the acquisi-
tion of immovable property).”’
The second subparagraph of Article 6(1) is replaced by the following
text:
‘Where the country of origin or the country whence the beneficiary
comes does not issue suchdocumentary proof of good repute ordocumentary proof of no previous bankruptcy, suchproofmay be1972B0000 — EN — 01.01.1973 — 000.001 — 96
▼B
replaced by a declaration on oath—or, in States where there is no
provision for declaration on oath, by a solemn declaration—madeby the person concerned before a competent judicial or administra-
tive authority, or where appropriate a notary, in the country of
origin or in the country whence that person comes; such authorityor notary will issue a certificate attesting the authenticity of thedeclaration on oathor solemn declaration. A declaration in respectof no previous bankruptcy may also be made before a competent
professional or trade body in the said country.’
G. Banks and Financial Establishments, Insurance
1.Council Directive No 64/225/EEC of 25 February 1964
OJ No 56/878, 4 April 1964
The following is inserted at the end of subparagraph (a) of Article 3(1):
‘— in the Kingdom of Denmark:
Law of 23 December 1959 on the acquisition of immovable
property.’
The following is inserted at the end of subparagraph (b) of Article 3(1):
‘— in the Kingdom of Denmark:
Law of 23 December 1959 on the acquisition of immovable
property.’
H. Company Law
1.Council Directive No 68/151/EEC of 9 March1968
OJ No L 65/8, 14 March1968
The following is inserted at the end of Article 1:
‘In the United Kingdom:
— Companies incorporated withlimited liability;
In Ireland:
— Companies incorporated withlimited liability;
In Denmark:
— Aktieselskab; Kommandit-Aktieselskab;
►
M1 ◄’
Article 2(1)(f) is replaced by the following:
‘(f) The balance sheet and the profit and loss account for each
financial year. The document containing the balance sheetmust give details of the persons who are required by law tocertify it. However, in respect of the Gesellschaft mit
beschränkter Haftung, société de personnes à responsabilité
limitée, personenvennootschap met beperkte aansprakelijkheid,société à responsabilité limitée and società a responsabilitàlimitata under German, Belgian, French, Italian or Luxembourglaw referred to in Article 1, the besloten naamlozevennootschap under Netherlands law, the private company
under the law of Ireland and the private company under the
law of Northern Ireland, the compulsory application of thisprovision shall be postponed until the date of implementationof a Directive concerning coordination of the contents ofbalance sheets and of profit and loss accounts and concerning
exemption of such of those companies whose balance sheet
total is less than that specified in the Directive from the obliga-tion to make disclosure in full or in part of the said documents.The Council will adopt such a Directive within two yearsfollowing adoption of the present Directive.’
I. Public Works Contracts
1.Council Directive No 71/305/EEC of 26 July 1971
OJ No L 185/5, 16 August 19711972B0000 — EN — 01.01.1973 — 000.001 — 97
▼B
The following is inserted in Article 1(b) after the words ‘public law’:
‘(or, in Member States where this concept is unknown, equivalent
bodies)’
The following is inserted in Article 23 after the words ‘on oath’:
‘(or, in Member States where there is no provision for declarations
on oath, by a solemn declaration.)’
The following is inserted at the end of Article 24:
‘in Denmark, “Aktieselskabsregistret, foreningsregistret og handels-
registret”►M1 ◄.
As regards the United Kingdom and Ireland, proof of entry in a
trade register for registered companies is replaced by a certificateissued by the Registrar of Companies showing that the company isincorporated.’
In Annex I to the Directive:
a. The title is replaced by:
‘List of legal persons governed by public law (or, in Member States
where this concept is unknown, equivalent bodies) covered by
Article 1(b).’
b. The following is inserted at the end of the list:
‘VIII. In the United Kingdom:
— local authorities;
— new towns' corporations;
— Commission for the New Towns;— ScottishSpecial Housing Association;— Northern Ireland Housing Executive.
IX. In Denmark:
— andre forvaltningssubjekter
►M1X.◄In Ireland:
— other public authorities whose public works contracts are
subject to control by the State.’
IV. Transport
1.Council Regulation (EEC) No 1191/69 of 26 June 1969
OJ No L 156/1, 28 June 1969
Article 19(1) is replaced by the following:
‘1. As regards railway undertakings, this Regulation shall, in
respect of their rail transport operations, apply to the followingondertakings:
— Société nationale des chemins de fer belges (SNCB) — Natio-
nale Maatschappij der Belgische Spoorwegen (NMBS)
— Danske Statsbaner (DSB)— Deutsche Bundesbahn (DB)
— Société nationale des chemins de fer français (SNCF)
— Córas Iompair Eireann (CIE)— Azienda autonoma delle Ferrovie dello Stato (FS)— Société nationale des chemins de fer luxembourgeois (CFL)— Naamloze Vennootschap Nederlandse Spoorwegen (NS)
— BritishRailways Board (BRB)1972B0000 — EN — 01.01.1973 — 000.001 — 98
▼M1
▼B
▼M1
▼B
▼B
— Northern Ireland Railways Company Ltd. (NIR).’
2.Council Regulation (EEC) No 1192/69 of 26 June 1969
OJ No L 156/8, 28 June 1969
Article 3(1) is replaced by the following:
‘1. This regulation shall apply to the following railway undertak-
ings:
— Société nationale des chemins de fer belges (SNCB) — Natio-
nale Maatschappij der Belgische Spoorwegen (NMBS)
— Danske Statsbaner (DSB)— Deutsche Bundesbahn (DB)— Société nationale des chemins de fer français (SNCF)
— Córas Iompair Éireann (CIE)
— Azienda autonoma delle Ferrovie dello Stato (FS)— Société nationale des chemins de fer luxembourgeois (CFL)— Naamloze Vennootschap Nederlandse Spoorwegen (NS)
— BritishRailways Board (BRB)— Northern Ireland Railways Company Ltd. (NIR).’
3.Council Regulation (EEC) No 1108/70 of 4 June 1970
OJ No L 130/4, 15 June 1970
Points A and B in Annex II are replaced by the following:
‘A. RAILKingdom of Belgium
— Société nationale des chemins de fer belges (SNCB) — Natio-
nale Maatschappij der Belgische Spoorwegen (NMBS)
Kingdom of Denmark
— Danske Statsbaner (DSB)
Federal Republic of Germany
— Deutsche Bundesbahn (DB)
French Republic
— Société nationale des chemins de fer français (SNCF)
Ireland
— Córas Iompair Éireann (CIE)
Italian Republic
— Azienda autonoma delle Ferrovie dello Stato (FS)
Grand Duchy of Luxembourg
— Société nationale des chemins de fer luxembourgeois (CFL)
Kingdom of the Netherlands
— N.V. Nederlandse Spoorwegen (NS)
United Kingdom of Great Britain and Northern Ireland
— BritishRailways Board (BRB)
— Northern Ireland Railways Company Ltd (NIR)
B. ROADKingdom of Belgium1. Autoroutes — Autosnelwegen2. Autres routes de l'État — Andere rijkswegen3. Routes provinciales — Provinciale wegen1972B0000 — EN — 01.01.1973 — 000.001 — 99
▼M1
▼B
▼M1
▼B
▼B
4. Routes communales — Gemeentewegen
Kingdom of Denmark1. Motorveje
2. Hovedlandeveje
3. Landeveje4. BivejeFederal Republic of Germany1. Bundesautobahnen2. Bundesstraßen3. Land-(Staats-)straßen
4. Kreisstraßen
5. GemeindestraßenFrench Republic1. Autoroutes2. Routes nationales3. Chemins départementaux4. Voies communales
Ireland
1. National primary roads2. Main roads3. County roads4. County boroughroads5. Urban roadsItalian Republic1. Autostrade
2. Strade statali
3. Strade regionali e provinciali4. Strade comunaliGrand Duchy of Luxembourg1. Routes d'État2. Chemins repris3. Chemins vicinaux
Kingdom of the Netherlands
1. Autosnelwegen van
het Rijkswegenplan
(primaire wegen)/C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C1502. Overige wegen van
het Rijkswegenplan
3. egen van de secundaire wegenplannen4. Wegen van de tertiaire wegenplannen5. Overige verharde wegen1972B0000 — EN — 01.01.1973 — 000.001 — 100
▼M1
United Kingdom of Great Britain and Northern Ireland
1. Motorways and trunk roads2. Principal roads3. Non-principal and other roads.’.
4.Council Regulation (EEC) No 1463/70 of 20 July 1970
OJ No L 164/1, 27 July 1970
In Annex II, point I(1), the words in brackets are replaced by the
following:
‘(1 for Germany, 2 for France, 3 for Italy, 4 for the Netherlands, 6
for Belgium, 11 for the United Kingdom, the letters DK forDenmark, the letters IRL for Ireland, the letter L for Luxembourg►
M1 ◄).’
5.Commission Regulation (EEC) No 281/71 of 9 February 1971
OJ No L 33/11, 10 February 1971
The following is inserted in the Annex below the words ‘Ghent-
Terneuzen Canal’:
‘United Kingdom of Great Britain and Northern Ireland
— Weaver Navigation (Northwich to the junction with the
Manchester Ship Canal)
— Gloucester and Sharpness Canal.’
6.Council Directive No 65/269/EEC of 13 May 1965
OJ No 88/1469, 24 May 1965
In the third line of the Annex the word ‘four’ is replaced by the word
‘►M1six◄’.
7.Council Directive No 68/297/EEC of 19 July 1968
OJ No L 175/15, 23 July 1968
After Article 1, the following article is inserted:
‘Article 1a
Commercial motor vehicles registered in a Member State which
cross the sea on board some form of sea transport from a port on
the territory of one Member State to a port on the territory ofanother Member State shall for the purposes of this Directive beregarded as travelling across a common frontier between MemberStates.’
At the end of Article 5(1), a sentence is inserted:
‘For transport operations to which Article la applies, the boundaries
of such zone shall be measured from the point of debarcation.’
V. COMPETITION
1.Council Regulation No 17 of 6 February 1962
OJ No 13/204, 21 February 1962
as amended by:
—Council Regulation No 59 of 3 July 1962
OJ No 58/1655, 10 July 1962
— OJ No 162/2696, 7 November 1963
After Article 24, a new article is inserted, worded as follows:
‘Article 25
1. As regards agreements, decisions and concerted practices to
which Article 85 of the Treaty applies by virtue of accession, thedate of accession shall be substituted for the date of entry into force1972B0000 — EN — 01.01.1973 — 000.001 — 101
▼B
▼B
of this Regulation in every place where reference is made in this
Regulation to this latter date.
2. Agreements, decisions and concerted practices existing at the
date of accession to which Article 85 of the Treaty applies byvirtue of accession shall be notified pursuant to Article 5(1) or
Article 7(1) and (2) within six months from the date of accession.
3. Fines under Article 15(2)(a) shall not be imposed in respect of
any act prior to notification of the agreements, decisions and prac-
tices to which paragraph 2 applies and which have been notifiedwithin the period therein specified.
4. New Member States shall take the measures referred to in
Article 14(6) within six months from the date of accession afterconsulting the Commission.’
2.Council Regulation No 19/65/EEC of 2 March1965
OJ No 36/533, 6 March1965
The following is inserted at the end of the first subparagraph of Article
4(1): ‘A regulation pursuant to Article 1 may stipulate that the prohibi-tion contained in Article 85(1) of the Treaty shall not apply, for such
period as shall be fixed by that regulation, to agreements and concerted
practices already in existence at thedate of accession to which Article85 applies by virtue of accession and which do not satisfy the condi-tions of Article 85(3), where:’
The following is inserted at the end of Article 4(2):
‘Paragraph1 sh all not apply to agreements and concerted practices
to which Article 85(1) of the Treaty applies by virtue of accessionand which must be notified before 1 July 1973, in accordance withArticles 5 and 25 of Regulation No 17, unless they have been sonotified before that date.’
3.Council Regulation (EEC) No 1017/68 of 19 July 1968
OJ No L 175/1, 23 July 1968
The following is inserted at the end of the second sentence of Article
21(6): ‘New Member States shall, after consulting the Commission,
take the necessary measures to this end within six months from thedate of accession.’
4.Commission Regulation No 67/67/EEC of 22 March1967
OJ No 57/849, 25 March1967
The following is inserted at the end of the first sentence of Article 5:
‘As regards agreements, decisions or concerted practices for exclu-
sive dealing already in existence at the date of accession to whichArticle 85(1) applies by virtue of accession, the prohibition inArticle 85(1) of the Treaty shall not apply where they are modified
within six months from the date of accession so as to fulfil the
conditions contained in this Regulation.’
5.ECSC High Authority Decision No 33-56 of 21 November 1956
OJ No 26/334, 25 November 1956
as amended by:
—ECSC High Authority Decision No 2-62 of 8 March1962
OJ No 20/376, 19 March19621972B0000 — EN — 01.01.1973 — 000.001 — 102
▼B
In the Annex to Decision No 2-62:
— columns 08 and 09 are deleted and replaced by the following:
Denmark Ireland►M1
◄United KingdomThird coun-
triesShipments under 01 as %
of total production
08 09►M1
◄►M1
10
◄►M1
11
◄►M1
12
◄
VI. TAXATION
1.Council Directive No 69/335/EEC of 17 July 1969
OJ No L 249/25, 3 October 1969
Article 3(1)(a) is replaced by the following:
‘1. For the purposes of this Directive, the expression “capital
company” means:
(a) companies under Belgian, Danish, German, French, Irish,
Italian, Luxembourg, Netherlands ►M1 ◄and
United Kingdom law, known respectively as:
— société anonyme — naamloze vennootschap, aktieselskab,
Aktiengesellschaft, société anonyme, companies incorpo-rated withlimited liability, società per azioni, sociétéanonyme, naamloze vennootschap, ►
M1 ◄
companies incorporated withlimited liability;
— société en commandite par actions — commanditaire
vennootschap op aandelen, kommandit-aktieselskab,Kommanditgesellschaft auf Aktien, société en commanditepar actions, società in accomandita per azioni, société encommandite par actions, commanditaire vennootschap op
aandelen ►
M1 ◄;
— société de personnes à responsabilité limitée — personen-
vennootschap met beperkte aansprakelijkheid, Gesellschaftmit beschränkter Haftung, société à responsabilité limitée,società a responsabilità limitata, société à responsabilitélimitée.’
VII. ECONOMIC POLICY
1.Council Decision of 18 March1958
OJ No 17/390, 6 October 1958
In Article 7, the word ‘eight’is replaced by the word ‘ ►
M1eleven◄’.
In the first paragraph of Article 10, the word ‘eight’is replaced by the
word ‘►M1eleven◄’.
2.Council Decision No 71/143/EEC of 22 March1971
OJ No L 73/15, 27 March1971
In Article 1(2), after: ‘This obligation shall apply for a period of four
years commencing 1 January 1972;’
the following phrase is inserted: ‘in the case of the new Member States,
it shall apply from the date of accession and shall cease to have effecton 31 December 1975.’
In the next sentence, the word ‘it’ it is replaced by ‘This obligation’.
In Article 6, after ‘from 1 January 1972’: the following phrase is
inserted:
‘or, in the case of the new Member States, from the date of acces-
sion.’
The Annex is replaced by the following:1972B0000 — EN — 01.01.1973 — 000.001 — 103
▼M1
‘ANNEX
The ceilings for credits provided for in Article 1 (1) of this Deci-
sion shall be as follows:
Millions of u.a. % of total
Germany 600 22·02
Belgium-Luxembourg 200 7·34
Denmark 90 3·30
France 600 22·02
Ireland 35 1·28
Italy 400 14·68
Netherlands 200 7·34
United Kingdom 600 22·02
Total 2 725 100·00’
3.Council Directive of 11 May 1960
OJ No 43/921, 12 July 1960
The text of the first subparagraph of Article 3(2)is replaced by the
following:
‘2. When such free movement of capital might form an obstacle
to the achievement of the economic policy objectives of a MemberState, the latter may maintain or reintroduce the exchange restric-tions on capital movement which were operative on the date of
entry into force of this Directive (in the case of new Member
States, the date of accession). It shall consult the Commission onthe matter.’
Article 6 is replaced by the following text:
‘Member States shall endeavour not to introduce within the
Community any new exchange restriction affecting the capitalmovements that were liberalized at the date of entry into force ofthis Directive (in the case of new Member States, the date of acces-sion) nor to make existing provisions more restrictive.’
The first subparagraph of Article 7 is replaced by:
‘Member States shall make known to the Commission, not later
than three months after the entry into force of this Directive (in
the case of new Member States, three months after the date of
accession):
(a) the provisions governing capital movements at the date of entry
into force of this Directive which are laid down by law, regula-tion or administrative action;
(b) the provisions adopted in pursuance of the Directive;
(c) the procedures for implementing those provisions.’
Article 8 is deleted.
VIII. COMMERCIAL POLICY
1.Council Regulation (EEC) No 1023/70 of 25 May 1970
OJ No L 124/1, 8 June 1970
In Article 11(2), the word ‘twelve’ is replaced by the word ‘ ►
M1
forty-one ◄’.
2.Council Regulation (EEC) No 1025/70 of 25 May 1970
OJ No L 124/6, 8 June 19701972B0000 — EN — 01.01.1973 — 000.001 — 104
▼B
▼B
as modified by:
—Council Regulation (EEC) No 1984/70 of 29 September 1970
OJ No L 218/1, 3 October 1970
—Council Regulation (EEC) No 724/71 of 31 March1971
OJ No L 80/3, 5 April 1971
—Council Regulation (EEC) No 1080/71 of 25 May 1971
OJ No L 116/8, 28 May 1971
—Council Regulation (EEC) No 1429/71 of 2 July 1971
OJ No L 151/8, 7 July 1971
The list of countries in Annex II is replaced by the following:
‘LIST OF COUNTRIES
Afghanistan
AlgeriaAndorraAntigua
Argentina
Australia (including the Territory of Papua-New Guinea, Norfolk
Island, Cocos (Keeling) Islands)
AustriaBahamasBahrain
Barbados
BermudaBhutanBoliviaBotswana
Brazil (including the Territory of Fernando de Noronha (including the
Rocks of São Pedro and São Paulo and the Atoll das Rocas) andthe islands of Trindade and Martim Vaz)
BritishAntarctic TerritoryBritishHonduras
British Indian Ocean Territory (Chagos Archipelago, Aldabra, Farquhar
and Desroches islands)
BritishVirgin IslandsBruneiBurma
Burundi
CameroonCanadaCayman IslandsCentral African Republic
Ceylon
ChadChile (including Juan Fernández Islands, Easter Island, Sala-y-Gómez,
San Félix Island, San Ambrosio Island, and the western part ofTierra del Fuego)
China, Republic of (Formosa)
ColombiaComoro IslandsCongo, People's Republic ofCosta Rica1972B0000 — EN — 01.01.1973 — 000.001 — 105
▼B
Cyprus
DahomeyDominica
Dominican Republic (including Saona, Catalina, Beata, and a number
of smaller islands)
EcuadorEgypt, Arab Republic ofEl SalvadorEquatorial Guinea
Ethiopia
Falkland Islands and DependenciesFaroe IslandsFijiFinlandFrenchPolynesia (Society Islands, Leeward Islands, th e Marquesas,
Tuamotu and Gambier Archipelagos, Tubuai Islands, Rapa and
Clipperton Islands)
GabonGambiaGhanaGreece (including Euboea and the Sporades, the Dodecanese, the
Cyclades, the Ionian and Aegean Islands, Crete)
GrenadaGuatemalaGuinea, Republic ofGuyanaHaiti (including La Tortue and La Gonâve Islands, Les Cayemites, Ile-
à-Vache, Navassa and Grande-Caye)
HondurasHong KongIcelandIndia (including the Andaman and Nicobar Islands, and the Laccadive,
Minicoy and Amindivi Islands)
Indonesia (Java, Sumatra, Kalimantan, Sulawesi, Bali and Nusa Teng-
gara (including the Indonesian part of Timor), Maluku, West Irian)
IranIraqIsraelIvory Coast
Jamaica
JapanJordanKenyaKhmer RepublicKorea, Republic of (SouthKorea)Kuwait
Laos
LebanonLesothoLiberiaLibya1972B0000 — EN — 01.01.1973 — 000.001 — 106
▼B
Liechtenstein
Malagasy Republic
Malawi
Malaysia (including former BritishNorthBorneo and Sarawak)Maldive Islands
Mali
MaltaMauritania
Mauritius
MexicoMontserrat
Morocco
Muscat and OmanNauru
Nepal
Netherlands Antilles (comprising Curaçao, Aruba, Bonaire, Saba, Saint
Eustatius and the Dutch part of Saint Martin)
Nicaragua
Niger
Nigeria, Federal Republic of
Norway (including Svalbard (Spitsbergen, Bear Island, etc.), Jan
Mayen Island and Norwegian territories in the Antarctic (BouvetIsland, Peter I Island and Queen Maud Land))
New Caledonia and Dependencies (including Isle of Pines, Huon
Islands, Loyalty Islands, Walpole and Surprise Islands, Chesterfield
Islands)
New Hebrides
New Zealand (including Kermadec and Chatham Islands)
Cook Islands:
1. Northern Group (Penrhyn, Manihiki, Rakahanga, Pukapuka,
Palmerston, Suwarrow and Nassau)
2. Southern Group (Rarotonga, Aitutaki, Atiu, Mitiaro, Mauke,
Mangaia, Takutea and Manuae)
3. Niue Island
Pakistan
Panama
Paraguay
PeruPhilippines
Portugal
European territory (including Madeira and the Azores)
AngolaCabinda
Cape Verde Islands
Macao
Mozambique
Portuguese Guinea
Portuguese Timor
São Tomé and Príncipe Islands
Qatar
Rio Muni1972B0000 — EN — 01.01.1973 — 000.001 — 107
▼M1
▼B
▼M1
▼B
▼B
Rwanda
Saint Helena (including dependencies: Ascension and Tristan da
Cunha)
Saint Kitts (Saint Christopher), Nevis and AnguillaSaint Lucia
Saint Pierre and Miquelon
Saint VincentSaudi ArabiaSenegalSeychelles
Sierra Leone
SikkimSingaporeSomalia
SouthAfrica, Republic of (including SouthWest Africa and Prince
Edward and Marion Islands)
SouthVietnam
Southern and Antarctic Territories (French overseas territory:
Kerguelen Islands and Crozet Archipelago, Saint Paul and
Amsterdam Islands, Adélie Land)
Southern Yemen (including Perim and Socotra islands)
Sovereign Base Areas of the United Kingdom of Great Britain and
Northern Ireland in Cyprus
Spain
Peninsular Spain and the Balearic Islands, Canary Islands, Ceuta
and Melilla, Alhucemas, Chafarinas Island and Peñón de Vélez dela Gomera, Ifni and SpanishSah ara
SudanSurinam
SwazilandSwedenSwitzerland
Syria
TanzaniaTerritories under the jurisdiction of the High Commissioner for the
Western Pacific (including the separate customs territories of theBritishSolomon Islands Protectorate and th e Gilbert and ElliceIslands Colony)
Territory of the Afars and IssasThailandTogoTonga
Trinidad and Tobago
Tromelin, Glorieuses, Juan de Nova, Europa and Bassas-da-India
islands
TunisiaTurkeyTurks and Caicos Islands
Uganda
Union of Arab Emirates (Abu Dhabi, Dubai, Sharjah, Ajman, Umm al
Qaiwain, Fujairah) and Ras al Khaimah1972B0000 — EN — 01.01.1973 — 000.001 — 108
▼M1
▼B
▼B
United States of America
American Samoa (including Swains Island)
Guam
Kingman ReefMidway
Panama Canal Zone
Puerto Rico
Ryukyu Islands (Okinawa) and Daito Islands
Trust Territory of the Pacific Islands (Caroline Islands, Marshall
Islands and Mariana Islands excluding Guam)
Virgin Islands of the United States
Wake Island
Upper VoltaUruguayVenezuelaWallis and Futuna Islands
Western Samoa
YemenYugoslaviaZaire, Democratic Republic ofZambia’
3.Council Regulation (EEC) No 2384/71 of 8 November 1971
OJ No L 249/1, 10 November 1971
The heading of the Annex is replaced by the following:
‘ANLAGE — ANNEXE — ALLEGATO — BIJLAGE —
ANNEX — BILAG — ►
M1 ◄’
The heading of the table is replaced by the following:
‘Warenbezeichnung— Nr. des GZT —
Désignation des produits— Nodu TDC —
Designazione dei prodotti— N. della TDC —Opgave van de produkten— Nr. GDT —
Description of product— CCT No —
Varebeskrivelse— Pos. nr. i FTT —►
M1 ◄’
4.Council Regulation (EEC) No 109/70 of 19 December 1969
OJ No L 19/1, 26 January 1970
as modified by:
—Council Regulation (EEC) No 1492/70 of 20 July 1970
OJ No L 166/1, 29 July 1970
—Council Regulation (EEC) No 2172/70 of 27 October 1970
OJ No L 239/1, 30 October 1970
—Council Regulation (EEC) No 2567/70 of 14 December 1970
OJ No L 276/1, 21 December 1970
—Council Regulation (EEC) No 532/71 of 8 March1971
OJ No L 60/1, 13 March1971
—Council Regulation (EEC) No 725/71 of 30 March1971
OJ No L 80/4, 5 April 1971
—Council Regulation (EEC) No 1073/71 of 25 May 1971
OJ No L 119/1, 1 June 1971
—Council Regulation (EEC) No 1074/71 of 25 May 1971
OJ No L 119/35, 1 June 1971
—Council Regulation (EEC) No 2385/71 of 8 November 1971
OJ No L 249/3, 10 November 19711972B0000 — EN — 01.01.1973 — 000.001 — 109
▼B
The heading of the Annex is replaced by the following:
‘ANLAGE — ANNEXE — ALLEGATO — BIJLAGE —
ANNEX — BILAG — ►M1 ◄’
The following ►M1two◄columns are inserted in the list of abbre-
viations:
‘— Abbreviations — Forkortelser — ►M1 ◄
Bulgaria Bulgarien ►M1 ◄
Hungary Ungarn ►M1 ◄
Poland Polen ►M1 ◄
Romania Rumænien ►M1 ◄
Czechoslovakia Tjekkoslovakiet ►M1 ◄’
The heading of the first column of the table is replaced by the
following:
‘Warenbezeichnung— Nr. des GZT —
Désignation des produits— Nodu TDC —
Designazione dei prodotti— N. della TDC —
Opgave van de produkten— Nr. GDT —
Description of product— CCT No —Varebeskrivelse— Pos. nr. i FTT —
►
M1 ◄’
5.Council Regulation (EEC) No 2386/71 of 8 November 1971
OJ No L 249/12, 10 November 1971
The heading of the Annex is replaced by the following:
‘ANLAGE — ANNEXE — ALLEGATO — BIJLAGE —
ANNEX — BILAG — ►M1 ◄’
The following ►M1two◄columns are inserted in the list of abbre-
viations:
‘— Abbreviations — Forkortelser — ►M1 ◄
Albania Albanien ►M1 ◄
USSR Sovjetunionen ►M1 ◄’
The heading of the first column of the table is replaced by the
following:
‘Warenbezeichnung— Nr. des GZT —
Désignation des produits— Nodu TDC —
Designazione dei prodotti— N. della TDC —Opgave van de produkten— Nr. GDT —
Description of product— CCT No —
Varebeskrivelse— Pos. nr. i FTT —
►
M1 ◄’
6.Council Regulation (EEC) No 2406/71 of 9 November 1971
OJ No L 250/1, 11 November 1971
The heading of the Annex is replaced by the following:
‘ANLAGE — ANNEXE — ALLEGATO — BIJLAGE —
ANNEX — BILAG — ►M1 ◄’
The following ►M1two◄columns are inserted in the list of abbre-
viations:1972B0000 — EN — 01.01.1973 — 000.001 — 110
▼B
‘— Abbreviations — Forkortelser — ►M1 ◄
People's Republic
of ChinaFolkerepublikken
Kina►M1 ◄
NorthKorea Nordkorea ►M1 ◄
Mongolia Den mongolske
Folkerepublik►M1 ◄
NorthVietnam Nordvietnam ►M1 ◄’
The heading of the first column is replaced by the following:
‘Warenbezeichnung— Nr. des GZT —
Désignation des produits— Nodu TDC —
Designazione dei prodotti— N. della TDC —Opgave van de produkten— Nr. GDT —
Description of product— CCT No —
Varebeskrivelse— Pos. nr. i FTT —►
M1 ◄’
The following is inserted at the end of the footnote:
‘The references to Chapter 73 do not allude to ECSC Treaty
products.
Oplysningerne verdrørende kapitel 73 sigter ikke til produkter, der
falder ind under EKSF-traktaten.
►M1 ◄’
7.Council Regulation (EEC) No 2407/71 of 9 November 1971
OJ No L 250/7, 11 November 1971
The heading of the Annex is replaced by the following:
‘ANLAGE — ANNEXE — ALLEGATO — BIJLAGE —
ANNEX — BILAG — ►M1 ◄’
The following ►M1two◄columns are inserted in the list of abbre-
viations:
‘— Abbreviations — Forkortelser — ►M1 ◄
People's
Republic ofChinaFolkerepublikken
Kina►
M1 ◄
NorthVietnam Nordvietnam ►M1 ◄
NorthKorea Nordkorea ►M1 ◄
Mongolia Den mongolske
Folkerepublik►M1 ◄’.
The heading of the first column of the table is replaced by the
following:
‘Warenbezeichnung— Nr. des GZT —
Désignation des produits— Nodu TDC —
Designazione dei prodotti— N. della TDC —Opgave van de produkten— Nr. GDT —
Description of product— CCT No —
Varebeskrivelse— Pos. nr. i FTT —►
M1 ◄’
8.Council Directive No 70/509/EEC of 27 October 1970
OJ No L 254/1, 23 November 1970
The note on the first page of Annex A is replaced by the following:1972B0000 — EN — 01.01.1973 — 000.001 — 111
▼B
‘(1)Belgium: Office national du ducroire — Nationale
Delcrederedienst
Denmark: EksportkreditrådetGermany: Federal Republic of GermanyFrance: Compagnie française d'assurance pour le
commerce extérieur
Ireland: The Minister for Industry and CommerceItaly: Istituto nazionale delle assicurazioni
Luxembourg: Office du ducroire du Luxembourg
Netherlands: Nederlandsche Credietverzekering
Maatschappij N.V.
United Kingdom: The Export Credits Guarantee Depart-
ment.’
9.Council Directive No 70/510/EEC of 27 October 1970
OJ No L 254/26, 23 November 1970
The note on the first page of Annex A is replaced by the following:
‘(1)Belgium: Office national du ducroire — Nationale
Delcrederedienst
Denmark: EksportkreditrådetFrance: Compagnie française d'assurance pour le
commerce extérieur
Germany: Federal Republic of GermanyIreland: The Minister for Industry and CommerceItaly: Istituto nazionale delle assicurazioniLuxembourg: Office du ducroire du LuxembourgNetherlands: Nederlandsche Credietverzekering
Maatschappij N.V.
United Kingdom: The Export Credits Guarantee Depart-
ment.’
IX. SOCIAL POLICY
1.Council Regulation (EEC) No 1408/71 of 14 June 1971
OJ No L 149/2, 5 July 1971
Article 1(j) is replaced by the following:
‘(j) “legislation” means all laws, regulations and other provisions
and all other present or future implementing measures of each
Member State relating to the sectors of social security andschemes for social security covered by Article 4(1) and (2).
The term excludes provisions of existing or future industrial
agreements, whether or not they have been the subject of adecision by the authorities rendering them compulsory orextending their scope. However, in so far as such provisions:
(i) serve to put into effect compulsory insurance imposed by
the laws and regulations referred to in the precedingsubparagraph; or1972B0000 — EN — 01.01.1973 — 000.001 — 112
▼M1
▼B
▼M1
▼B
▼B
(ii) set up a scheme administered by the same institution as
that which administers the scheme set up by the laws andregulations referred to in the preceding subparagraph,
the limitation on the term may at any time be lifted by a
declaration of the Member State concerned specifying theschemes to which this Regulation applies. Such a declarationshall be notified and published in accordance with the provi-sions of Article 96.
The provisions of the preceding subparagraph shall not have
the effect of exempting from the application of this Regulationthe schemes to which Regulation No 3 applied.’
After Article 1(s), a new subparagraphis inserted as follows:
‘(s) (a) “periods of residence” means periods of residence as
defined or recognized by the legislation under which theywere completed;’
Article 15(1) is replaced by:
‘1. The provisions of Articles 13 and 14 shall not apply to
voluntary insurance or to optional continued insurance unless inrespect of one of the sectors referred to in Article 4 there exists inany Member State only a voluntary scheme of insurance.’
Article 18, the title and paragraph 1are replaced by:
‘Aggregation of insurance or employment periods
1. The reponsible institution of a Member State whose legisla-
tion makes the acquisition, retention or recovery of entitlement tobenefits conditional upon the completion of insurance or employ-ment periods shall, in so far as is necessary, take into account theinsurance or employment periods completed under the legislation of
any other Member State as though such periods had been
completed under its own legislation.’
Article 19(2) is replaced by:
‘2. The provisions of paragraph 1 shall apply by analogy to
members of the family permanently resident in the territory of aMember State other than the one responsible, in so far as they are
not entitled to such benefits under the legislation of the State in the
territory of which they are permanently resident.’
Article 20 is replaced by:
‘Article 20
Frontier workers and members of their families—Special provisions
A frontier worker may also obtain benefits in the territory of the
responsible State. Such benefits shall be issued by the responsible
institution in accordance with the legislation of that State, asthough the worker were permanently resident init. Members of hisfamily may receive benefits under the same conditions; however,receipt of suchbenefits sh all, except in an emergency, be condi-
tional upon an agreement between the States concerned or
between the responsible authorities of those States or, in itsabsence, on prior authorization by the responsible institution.’
Article 22(3) is replaced by:
‘3. The provisions of paragraphs 1 and 2 shall apply by analogy
to members of a worker's family.’
Article 25(3) is replaced by:
‘3. Where an unemployed person satisfies the conditions laid
down by the legislation of the Member State responsible for thecost of unemployment benefits for entitlement to sickness andmaternity benefits, taking account where necessary of the provi-sions of Article 18, the members of his family shall receive these1972B0000 — EN — 01.01.1973 — 000.001 — 113
▼B
benefits, whichever the Member State on whose territory they are
permanently or temporarily resident. Suchbenefits sh all be issued:
(i) with regard to benefits in kind, by the institution of the place of
permanent or temporary residence in accordance withth e legis-lation which it applies, on behalf of the responsible institutionof the Member State which is to bear the cost of unemployment
benefit;
(ii) withregard to cashbenefits, by th e responsible institution of
the Member State which is to bear the cost of unemploymentbenefit, under the provisions of the legislation which it applies.’
Article 27 is replaced by:
‘Article 27
Pensions payable under the legislation of several States, in cases where enti-
tlement to benefits exists in the country of permanent residence
The holder of pension rights under the legislation of two or more
Member States who is entitled to benefits under the legislation ofthe Member State on whose territory he is permanently resident,
taking account where appropriate of the provisions of Article 18
and Annex V, shall, with the members of his family, receive suchbenefits from the institution of the place of permanent residenceand at the expense of that institution as though he were the holderof pension rights solely under the legislation of the latter State.’
In Article 28, the title and paragraph 1 are replaced by:
‘Pensions payable under the legislation of one or more States, in
cases where entitlement to such benefits does not exist in thecountry of permanent residence.
1. The holder of pension rights under the legislation of one or
more Member States who is not entitled to benefits under the legis-
lation of the Member State in whose territory he is permanentlyresident shall nevertheless receive such benefits for himself andfor members of his family, in so far as he would, taking accountwhere appropriate of the provisions of Article 18 and Annex V, beentitled to those benefits under the legislation of the single Member
State or one at least of the several Member States responsible in the
pensions field, had he been permanently resident in the territory ofthe State in question. Benefits shall be issued under the followingconditions:
(a) benefits in kind shall be issued on behalf of the institution
referred to in paragraph 2 by the institution of the place of
permanent residence as though the person concerned were theholder of pension rights under the legislation of the State onwhose territory he is permanently resident and were entitled tosuchbenefits;
(b) cash benefits shall where appropriate be issued by the respon-
sible institution determined by the rules of paragraph 2, inaccordance withth e legislation applied by it. However, uponagreement between the responsible institution and the institu-
tion of the place of permanent residence, such benefits may be
issued by the latter institution on behalf of the former, in accor-dance with the legislation of the State responsible.’
Article 29 is replaced by the following:
‘Article 29
Permanent residence of members of the family in a State other than the one
in which the pensioner is permanently resident—Transfer of permanent resi-
dence to the State where the pensioner is permanently resident
1. Members of the family of the holder of pension rights under
the legislation of one or more Member States, who are permanentlyresident in the territory of a Member State other than the one inwhich the pensioner is permanently resident, shall receive benefitsas though he were permanently resident in the same territory as themembers of his family, in so far as he is entitled to the said bene-1972B0000 — EN — 01.01.1973 — 000.001 — 114
▼B
fits under the legislation of a Member State. Benefits shall be
issued under the following conditions:
(a) benefits in kind shall be issued by the institution of the place
permanent residence of the members of the family in accor-dance with the legislation applied by that institution, thecostbeing borne by the institution of the pensioner's place of resi-
dence;
(b) cash benefits shall where appropriate be issued by the respon-
sible institution determined by the provisions of Article 27 orArticle 28(2), in accordance withth e legislation applied by it.However, upon agreement between the responsible institutionand the institution of the place of permanent residence of the
members of the family, such benefits may be issued by the
latter institution on behalf of the former, in accordance withthe legislation of the State responsible.
2. Members of the family covered by paragraph 1 who transfer
their permanent residence to the territory of the Member State
where the pensioner resides, shall receive:
(a) benefits in kind under the provisions of the legislation of that
State, even if they have already received benefits for the same
case of sickness or maternity before transferring their perma-nent residence;
(b) cash benefits issued where appropriate by the responsible insti-
tution determined by the provisions of Article 27 or of Article28(2), in accordance withth e legislation applied by it.However, upon agreement between the responsible institution
and the institution of the place of permanent residence of the
pensioner, suchbenefits may be issued by th e latter institutionon behalf of the former, in accordance with the legislation ofthe State responsible.’
Article 31 is replaced by the following:
‘Article 31
Temporary residence of the pensioner and/or members of his family in a
State other than that in which they are permanently resident
The pensioner referred to in Article 27 or Article 28 shall, with
members of his family who are temporarily resident in the territoryof a Member State other than the one where they are permanentlyresident, receive:
(a) benefits in kind issued by the institution of the place of
temporary residence, under the provisions of the legislationapplied by it, the cost being borne by the institution of the
pensioner's place of permanent residence;
(b) cash benefits issued where appropriate by the responsible insti-
tution, determined by the provisions of Article 27 or Article28(2), in accordance withth e legislation applied by it.However, following an agreement between the responsibleinstitution and the institution of the place of temporary resi-dence, these benefits may be issued by the latter institution on
behalf of the former, in accordance with the legislation of the
State responsible.’
Article 33 is replaced by the following:
‘Article 33
Contributions payable by pensioners
The institution which is liable for payment of a pension and which
belongs to a Member State whose legislation provides for deduc-
tions from pensions in respect of contributions payable by
pensioners to cover sickness and maternity benefits shall be author-ized to make suchdeductions, calculated on th e pension payable inaccordance withth e legislation concerned, in so far as an institutionof the said Member State is responsible for the benefits issuedunder Articles 27, 28, 29, 31 and 32.’1972B0000 — EN — 01.01.1973 — 000.001 — 115
▼B
Article 34 is replaced by the following:
‘Article 34
General provisions
The provisions of Articles 27 to 33 shall not apply to a pensioner
or to members of his family who are entitled to benefits under thelegislation of a Member State as a result of pursuing an occupa-tional activity. In such a case, the person concerned shall beconsidered as a worker or as a member of a worker's family for
the purposes of this Chapter.’
The title of Section 1 of Chapter 2 of Title III is replaced by the
following:
‘Workers exclusively subject to legislations under which the
amount of invalidity benefit is not dependent on the duration ofperiods of insurance or residence.’
Article 37(1) is replaced by the following:
‘1. A worker who has been successively or alternately subject to
the legislations of two or more Member States and who hascompleted periods of insurance or residence exclusively subject tolegislations under which the amount of invalidity benefit is inde-pendent of the duration of periods of insurance or residence, as
the case may be, shall receive benefits in accordance with the
provisions of Article 39. Those provisions shall not affect any addi-tional allowances in respect of children, granted in accordance withthe provisions of Chapter 8.’
In Article 38, the title and paragraph 1are replaced by the following:
‘Aggregation of periods of insurance or of residence1. The responsible institution of a Member State whose legisla-
tion makes the acquisition,retention or recovery of entitlement tobenefits conditional upon the completion of periods of insuranceor residence shall take account, as necessary, of periods of insur-
ance completed under the legislation of any other Member State,
and where appropriate of periods of residence completed after theminimum school-leaving age for the person concerned under thelegislation of any other Member State which makes entitlement tobenefits subject to the completion of periods of residence, asthough they had been completed under its own legislation.’
The title of Section 2 of Chapter 2 of Title III is replaced by the
following:
‘Workers subject either exclusively to legislations according to
which the amount of invalidity benefit depends on the length of
periods of insurance or residence or to legislations of this type andof the type referred to in Section 1.’
In Article 45, the title and paragraph 1 are replaced by the following:
‘Recognition of periods of insurance or residence completed under
the legislations to which a worker has been subject, for the acquisi-tion, retention or recovery of entitlement to benefits.
1. An institution of a Member State whose legislation makes the
acquisition, retention and recovery of entitlement to benefits subjectto the completion of periods of insurance or residence shall takeaccount, as necessary, of periods of insurance completed under the
legislation of any other Member State and, where appropriate, of
periods of residence, completed after the minimum school-leavingage for the person concerned under the legislation of any otherMember State which makes entitlement to benefits subject tocompletion of periods of residence, as though they had been
completed under its own legislation.’
In Article 45, the following paragraph is added:
‘4. If the legislation of a Member State makes the granting of
benefits conditional upon the person concerned having been perma-1972B0000 — EN — 01.01.1973 — 000.001 — 116
▼B
nently resident, for a specific lengthof time immediately prior to
the occurrence of the event insured against, in the territory of thatMember State, this condition shall be deemed to be satisfied if for
that same period the person concerned was permanently resident in
the territory of another Member State and either was subject to thelegislation of a Member State or was receiving a pension under thelegislation of a Member State.’
In Article 46(1) and (2) are replaced by the following:
‘1. Where a worker has been subject to the legislation of any
Member State and where he satisfies its conditions for entitlement
to benefits without application of the provisions of Article 45 beingnecessary, the responsible institution of that State shall, in accor-dance with the legislation applied by it, determine the amount ofbenefit corresponding to the total length of the periods of insurance
or residence to be taken into account under that legislation.
This institution shall also undertake the calculation of the amount
of benefit which would be obtained by applying the rules laiddown in paragraph (2)(a) and (b). Only the higher of these twoamounts shall be considered.
2. Where a worker has been subject to the legislation of any
Member State and where he does not satisfy the conditions for enti-
tlement to benefits unless account is taken of the provisions of
Article 45, the responsible institution of that Member State shallapply the following rules:
(a) the institution shall calculate the theoretical amount of benefit
that the interested person could claim if all the periods of insur-
ance and residence, completed under the legislations of the
Member States to which he has been subject, had beencompleted in the State in question and under the legislationapplied by it at the time of determination of the benefit. Ifunder that legislation the amount of the benefit does not dependon the length of the periods completed, this amount shall be
taken as the theoretical amount referred to in this subparagraph;
(b) the institution shall then establish the actual amount of the
benefit on the basis of the theoretical amount referred to in thepreceding subparagraph, pro rata with the length of the periods
of insurance or residence completed before the occurrence of
the event insured against under the legislation applied by it, ascompared with the total length of the periods of insurance andresidence completed under the legislations of all the MemberStates concerned before the occurrence of that event;
(c) if the total length of the periods of insurance and residence
completed before the occurrence of the event insured againstunder the legislations of all the Member States concerned islonger than the maximum period required by the legislation of
one of these States for receipt of the full benefit, the respon-
sible institution of that State shall, when applying theprovisions of this paragraph,take into consideration thismaximum period instead of the total length of the periodscompleted; this method of calculation must not result inimposing on that institution the cost of a benefit greater than
the full benefit provided for by its own legislation;
(d) the procedure for taking into account overlapping periods when
applying the rules of calculation referred to in this paragraph
shall be laid down in the implementing Regulation referred to
in Article 97.’
In Article 47, paragraph(1)(b), (c) and (d) and paragraph2 are
replaced by:
‘(b) Where, under the legislation of a Member State, benefits are
calculated on the basis of the level of wages or salaries, contri-butions or increases in contributions, the responsible institutionof that State shall determine the wages or salaries, contribu-tions and increases to be taken into account in respect of theperiods of insurance or residence on the basis of the average1972B0000 — EN — 01.01.1973 — 000.001 — 117
▼B
wages or salaries, contributions and increases recorded in
respect of the insurance periods completed under its own legis-lation;
(c) Where, under the legislation of a Member State, benefits are
calculated on the basis of wages or salaries or of lump-sumpayments, the responsible institutions of that State shallconsider the wages or salaries or lump-sum payments to betaken into account in respect of periods of insurance or resi-
dence completed under the legislations of other Member
States as equal to the wages or salaries or lump-sum paymentsor, where appropriate, to the average of the wages or salariesor lump-sum payments corresponding to the insurance periodscompleted under its own legislation;
(d) Where, under the legislation of a Member State, benefits are
calculated for some periods on the basis of the amount of
wages or salaries, and for other periods on the basis of wages,salaries or lump-sum payments, the responsible institution ofthat State shall, in respect of periods of insurance or residencecompleted under the legislations of other Member States, take
into account the wages, salaries or lump-sum payments deter-
mined in accordance withth e provisions of (b) or (c) above or,as appropriate, the average of such wages, salaries or lump-sum payments; if benefits are calculated on the basis of wages,salaries or lump-sum payments for all periods completed underits own legislation, the responsible institution shall consider
the wages or salaries to be taken into account in respect of
the periods of insurance or residence completed under thelegislations of other Member States as being equal to thenotional wages or salaries corresponding to suchwages,salaries or lump-sum payments.
2. The legislative provisions of a Member State concerning
the reassessment of the factors taken into account for thecalculation of benefits shall apply, as necessary, to the factors
to be taken into account by the responsible institution of that
State, in accordance withth e provisions of paragraph1, inrespect of the periods of insurance or residence completedunder the legislation of other Member States.’
In Article 48, the title and paragraph 1are replaced by:
‘Periods of insurance or of residence of less than a year1. Notwithstanding the provisions of Article 46(2), if the total
lengthof th e periods of insurance or residence completed underthe legislation of a Member State does not amount to a year andif, taking into account these periods alone, no entitlement to benefitis acquired under the provisions of that legislation, the institution ofthat State shall not be obliged to grant benefits in respect of those
periods.’
Article 48(3) is replaced by:
‘3. If the effect of applying the provisions of paragraph 1 is to
relieve of their obligations all the institutions of the Member States
concerned, benefits shall be granted exclusively under the legisla-
tion of the last of those States whose conditions are satisfied, as ifall the periods of insurance and residence completed and taken intoaccount in accordance withth e provisions of Article 45(1) and (2)had been completed under the legislation of that State.’
The title of Article 49 is replaced by:
‘Calculation of benefits when the interested person does not simul-
taneously satisfy the conditions of all the legislations under whichperiods of insurance or of residence have been completed.’
Article 49(1)(b) is replaced by:
‘(b) However,
(i) if the interested person satisfies the conditions of at least
two legislations without there being any need to resort to1972B0000 — EN — 01.01.1973 — 000.001 — 118
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periods of insurance or residence completed under legisla-
tions whose conditionsare not satisfied, these periods shallnot be taken into account for the purposes of Article 46(2);
(ii) if the interested person satisfies the conditions of only one
legislation without there being any need to resort to
periods of insurance or of residence completed under
legislations whose conditions are not satisfied, the amountof benefit payable shall be calculated in accordance withthe provisions of the only legislation whose conditionsare satisfied and taking account only of the periodscompleted under that legislation.’
Article 50 is replaced by:
‘Article 50
Award of a supplement when the total of benefits payable under the legisla-
tions of the various Member States does not amount to the minimum laid
down by the legislation of the State in whose territory the recipient is
permanently resident
A recipient of benefits to whom this Chapter applies may not, in
the State in whose territory he is permanently resident and under
whose legislation a benefit is payable to him, be awarded a benefit
less than the minimum benefit determined by that legislation for aperiod of insurance or residence equal to all the insurance periodstaken into account for the payment in accordance with the provi-sions of the preceding Articles. The responsible institution of that
State shall, if necessary, pay him throughout the period of his resi-
dence in its territory a supplement equal to the difference betweenthe total of the benefits payable under this Chapter and the amountof the minimum benefit.’
In Title III, Chapter 4, section 1,the heading is replaced by:
‘Common provision’
After this heading the following Article is added:
‘Article 51a
Aggregation of periods of insurance or employment
The responsible institution of a Member State whose legislation
makes acquisition, retention and recovery of entitlement to benefits
subject to the completion of periods of employment shall takeaccount, as necessary, of periods of insurance or employmentcompleted under the legislation of any other Member State, as ifthey had been completed under its own legislation.’
Before Article 52, ‘Section 1’ is replaced by ‘Section 2’.Article 57(3)(c) is replaced by:
‘(c) The cost of benefits in cash including pensions shall be
divided between the responsible institutions of the Member
States in whose territory the interested person practised an
occupation liable to encourage the disease. This division shallbe carried out pro rata with the length of the periods of old-ageinsurance or of residence referred to in Article 45(1)completed under the legislation of each of the States in relation
to the total length of the periods of old-age insurance or of
residence completed under the legislation of all the States onthe date on which the benefits commenced.’
Before Article 60, ‘Section 2’ is replaced by ‘Section 3’.Before Article 61, ‘Section 3’ is replaced by ‘Section 4’.Before Article 63, ‘Section 4’is replaced by ‘Section 5’.
Article 72 is replaced by:1972B0000 — EN — 01.01.1973 — 000.001 — 119
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‘Article 72
Aggregation of periods of insurance or employment
Where the legislation of one Member State makes acquisition of
the right to benefits conditional upon completion of periods ofinsurance or employment, the responsible institution of that Stateshall take into account, in so far as necessary, periods of insurance
or employment completed in the territory of any other Member
State, as if they had been completed under its own legislation.’
Article 79(1)(a) is replaced by:
‘(a) if that legislation makes the acquisition, retention or recovery
of entitlement to benefits dependent on the length of periodsof insurance, employment or residence, such lengths shall bedetermined taking into account, where necessary, the provi-
sions of Article 45 or Article 72 as appropriate.’
After Article 79(3) the following paragraph is added:
‘4. For the purposes of paragraph 2 and of Article 77(2)(b)(ii)
and Article 78(2)(b)(ii), periods of residence completed after
reaching the minimum school-leaving age for the person concerned,
under a legislation under which entitlement to benefits is subject tothe completion of periods of residence, shall be considered asperiods of insurance.’
In Article 82(1), the word ‘thirty-six’ is replaced by the word ‘ ►
M1
fifty-four ◄’.
Article 94(1) to (7) is replaced by:
‘1. This Regulation shall create no entitlement to benefits for a
period prior to the date of its entry into force or to the date of itsapplication in the territory of the Member State concerned.
2. All insurance periods, as also, where applicable, all periods of
employment or residence completed under the legislation of aMember State before the date of entry into force of this Regulation
or before the date of its application in the territory of that Member
State, shall be taken into consideration for the purpose of deter-mining entitlement to benefits in accordance withth e provisionsof this Regulation.
3. Subject to the provisions of paragraph 1, an entitlement shall
exist under this Regulation even if it relates to an event prior to thedate of the entry into force of this Regulation or to the date of its
application in the territory of the Member State concerned.
4. Any benefit which has not been determined or has been
suspended by reason of the nationality or place of permanent resi-
dence of the person concerned shall, on the application of theperson concerned, be determined or resumed witheffect from th edate of entry into force of this Regulation or the date of its applica-tion in the territory of the Member State concerned unless theentitlement previously determined has been compounded by a
capital payment.
5. Persons whose pension rights were determined before the
entry into force of this Regulation or before the date of its applica-
tion in the territory of the Member State concerned may apply forsuch pension rights to be reviewed, taking account of the provisionsof this Regulation. This provision shall also apply to the otherbenefits referred to in Article 78.
6. If the application referred to in paragraphs 4 and 5 is
submitted within two years from the date of entry into force of
this Regulation or from the date of its entry into effect in the terri-
tory of the Member State concerned, persons concerned shall byvirtue of this Regulation acquire from that date the entitlement tobenefits, and the provisions of the legislation of any Member Stateconcerning the forfeit or limitation of rights shall not apply tothem.1972B0000 — EN — 01.01.1973 — 000.001 — 120
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7. If the application referred to in paragraph 4 or 5 is submitted
after the expiry of the two-year period following the entry intoforce of this Regulation or following the date of its application in
the territory of the Member State concerned, a right to benefit that
has not lapsed or is not barred by limitation shall be acquired fromthe date on which the application was submitted except where morefavourable provisions of the legislation of a Member State apply.’
Article 94(9) is replaced by:
‘9. The implementation of the provisions of Article 73(2) shall
not have the effect of reducing the entitlement to benefit enjoyedby persons concerned at the date entry into force of this Regulationor the date of its application in the territory of the Member Stateconcerned. For persons who are at that date receiving more favour-
able benefits as a result of bilateral agreements concluded with
France, these agreements shall continue to apply to them for aslong as those persons are subject to French legislation. Accountshall not be taken of interruptions lasting less than one month, norof periods in which unemployment or sickness benefit is drawn.The procedure for implementing these provisions shall be laid
down by the implementing Regulation referred to in Article 97.’
Annex I is replaced by:
‘ANNEX I
(Article 1(u) of the Regulation)
Special maternity benefits excluded from the scope of the Regulation in
pursuance of Article 1(u)
A. BELGIUM
Childbirth allowance
B. DENMARK
None
C. GERMANY
None
D. FRANCE
(a) Prenatal allowances
(b) Maternity allowances of the social security system
E. IRELAND
None
F. ITALY
None
G. LUXEMBOURG
Childbirth allowances
H. NETHERLANDS
None1972B0000 — EN — 01.01.1973 — 000.001 — 121
▼B
►M1I. UNITED KINGDOM
None.◄’
In Annex II, Parts A and B are replaced by:
‘A.
Provisions of social security conventions remaining applicable notwith-
standing Article 6 of the Regulation
(Article 7 (2) (c) of the Regulation)
1. BELGIUM—DENMARK
No convention
2. BELGIUM—GERMANY
(a) Articles 3 and 4 of the final Protocol of 7 December 1957 to
the General Convention of that date, as in the ComplementaryProtocol of 10 November 1960;
(b) Complementary Agreement No 3 of 7 December 1957 to the
General Convention of the same date, as in the ComplementaryProtocol of 10 November 1960 (payment of pensions for theperiod preceding the entry into force of the General Conven-tion).
3. BELGIUM—FRANCE
(a) Articles 13, 16 and 23 of the Complementary Agreement of 17
January 1948 to the General Convention of that date (workersin mines and similar undertakings);
(b) Exchange of Letters of 27 February 1953 (application of Article
4 (2) of the General Convention of 17 January 1948);
(c) Exchange of Letters of 29 July 1953 on allowances for elderly
employed workers.
4. BELGIUM—IRELAND
No convention
5. BELGIUM—ITALY
Article 29 of the Convention of 30 April 1948
6. BELGIUM—LUXEMBOURG
Articles 3, 4, 5, 6 and 7 of the Convention of 16 November 1959,as in the Convention of 12 February 1964 (frontier workers).
7. BELGIUM—NETHERLANDS
None
8. BELGIUM—UNITED KINGDOM
None
9. DENMARK—GERMANY
(a) Article 3 (4) of the Convention on Social Security Insurance of
14 August 1953,
(b) Item 15 of the final Protocol to the Convention mentioned
above,
(c) the Complementary Agreement of 14 August 1953 to the
Convention mentioned above.1972B0000 — EN — 01.01.1973 — 000.001 — 122
▼M1
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10. DENMARK—FRANCE
None
11. DENMARK—IRELAND
No convention
12. DENMARK—ITALY
No convention
13. DENMARK—LUXEMBOURG
No convention
14. DENMARK—NETHERLANDS
No convention
15. DENMARK—UNITED KINGDOM
None
16. GERMANY—FRANCE
(a) Article 11 (1), Article 16 (2) and Article 19 of the General
Convention of 10 July 1950;
(b) Article 9 of the Complementary Agreement No 1 of 10 July
1950 to the General Convention of the same date (workers inmines and similar undertakings);
(c) Complementary Agreement No 4 of 10 July 1950 to the
General Convention of the same date, as in the added Section
No 2 of 18 June 1955;
(d) Headings I and III of added Section No 2 of 18 June 1955;
(e) Points 6, 7 and 8 of the General Protocol of 10 July 1950 to the
General Convention of the same date;
(f) Headings II, III and IV of the Agreement of 20 December 1963
(social security in the Saar).
17. GERMANY—IRELAND
No convention
18. GERMANY—ITALY
(a) Article 3 (2), Article 23 (2), Articles 26 and 36 (3) of the
Convention of 5 May 1953 (social insurance);
(b) The Complementary Agreement of 12 May 1953 to the
Convention of 5 May 1953 (payment of pensions for the periodpreceding the entry into force of the Convention).
19. GERMANY—LUXEMBOURG
Articles 4, 5, 6 and 7 of the Treaty of 11 July 1959 (settlement ofthe dispute between Germany and Luxembourg) and Article 11 (2)
(b) of the Convention of 14 July 1960 (sickness and maternity
benefits for persons who have opted for the application of the legis-lation of their country of origin).
20. GERMANY—NETHERLANDS
(a) Article 3 (2) of the Convention of 29 March 1951;
(b) Articles 2 and 3 of the Complementary Agreement No 4 of 21
December 1956 to the Convention of 29 March 1951 (arrange-ments concerning rights acquired under the German socialinsurance scheme by Dutch workers between 13 May 1940and 1 September 1945).1972B0000 — EN — 01.01.1973 — 000.001 — 123
▼M1
21. GERMANY—UNITED KINGDOM
(a) Article 3 (6) and Article 7 (2) to (6) of the Convention on
Social Security of 20 April 1960;
(b) Articles 2 to 7 of the final Protocol to the Convention on Social
Security of 20 April 1960;
(c) Article 2 (5) and Article 5 (2) to (6) of the Convention on
Unemployment Insurance of 20 April 1960.
22. FRANCE—IRELAND
No convention
23. FRANCE—ITALY
(a) Articles 20 and 24 of the General Convention of 31 March
1948;
(b) Exchange of Letters of 3 March 1956 (sickness benefits for
seasonal workers employed in agriculture).
24. FRANCE—LUXEMBOURG
Articles 11 and 14 of the Complementary Agreement of 12November 1949 to the General Convention of the same date
(workers in mines and similar undertakings).
25. FRANCE—NETHERLANDS
Article 11 of the Complementary Agreement of 1 June 1954 to theGeneral Convention of 7 January 1950 (workers in mines and
similar undertakings).
26. FRANCE—UNITED KINGDOM
The Exchange of Notes dated 27 and 30 July 1970 concerning theposition withregard to social security of United Kingdom teach erstemporarily pursuing their profession in France by virtue of theCultural Convention of 2 March1948.
27. IRELAND—ITALY
No convention
28. IRELAND—LUXEMBOURG
No convention
29. IRELAND—NETHERLANDS
No convention
30. IRELAND—UNITED KINGDOM
None
31. ITALY—LUXEMBOURG
Article 18 (2) and Article 24 of the General Convention of 29 May1951.
32. ITALY—NETHERLANDS
Article 21 (2) of the General Convention of 28 October 1952.
33. ITALY—UNITED KINGDOM
None
34. LUXEMBOURG—NETHERLANDS
None1972B0000 — EN — 01.01.1973 — 000.001 — 124
▼M1
35. LUXEMBOURG-UNITED KINGDOM
None
36. NETHERLANDS—UNITED KINGDOM
None
B.
Provisions of Conventions whose benefits are not available to all the people
to whom the Regulation applies
(Article 3 (3) of the Regulation)
1. BELGIUM—DENMARK
No convention
2. BELGIUM—GERMANY
(a) Articles 3 and 4 of the final Protocol of 7 December 1957 to
the General Convention of that date, as in the ComplementaryProtocol of 10 November 1960;
(b) Complementary Agreement No 3 of 7 December 1957 to the
General Convention of the same date, as in the ComplementaryProtocol of 10 November 1960 (payment of pensions for theperiod preceding the entry into force of the General Conven-tion).
3. BELGIUM—FRANCE
(a) Exchange of Letters of 29 July 1953 on the allowance for
elderly employed workers;
(b) Article 23 of the Complementary Agreement of 17 January
1948 to the General Convention of that date (workers in mines
and similar undertakings);
(c) Exchange of Letters of 27 February 1953 (application of Article
4 (2) of the General Convention of 17 January 1948).
4. BELGIUM—IRELAND
No convention
5. BELGIUM—ITALY
None
6. BELGIUM—LUXEMBOURG
None
7. BELGIUM—NETHERLANDS
None
8. BELGIUM—UNITED KINGDOM
None
9. DENMARK—GERMANY
(a) Article 3 (4) of the Convention on Social Security of 14 August
1953;
(b) Item 15 of the final Protocol of the Convention mentioned
above;
(c) the Complementary Agreement of 14 August 1953 to the
Convention mentioned above.1972B0000 — EN — 01.01.1973 — 000.001 — 125
▼M1
10. DENMARK—FRANCE
None
11. DENMARK—IRELAND
No convention
12. DENMARK—ITALY
No convention
13. DENMARK—LUXEMBOURG
No convention
14. DENMARK—NETHERLANDS
No convention
15. DENMARK—UNITED KINGDOM
No convention
16. GERMANY—FRANCE
(a) Article 16 (2) and Article 19 of the General Convention of 10
July 1950;
(b) Complementary Agreement No 4 of 10 July 1950 to the
General Convention of the same date, as in the added SectionNo 2 of 18 June 1955;
(c) Titles I and III of added Section No 2 of 18 June 1955;
(d) Points 6, 7 and 8 of the General Protocol of 10 July 1950 to the
General Convention of the same date;
(e) Titles II, III and IV of the Agreement of 20 December 1963
(social security in the Saar).
17. GERMANY—IRELAND
No convention
18. GERMANY—ITALY
(a) Article 3 (2) and Article 26 of the Convention of 5 May 1953
(social insurance);
(b) The Complementary Agreement of 12 May 1953 to the
Convention of 5 May 1953 (payment of pensions criteriapreceding the entry into force of the Convention).
19. GERMANY—LUXEMBOURG
Articles 4, 5, 6 and 7 of the Treaty of 11 July 1959 (settlement ofthe dispute between Germany and Luxembourg).
20. GERMANY—NETHERLANDS
(a) Article 3 (2) of the Convention of 29 March 1951;
(b) Articles 2 and 3 of the Complementary Agreement No 4 of 21
December 1956 to the Convention of 29 March 1951 (arrange-ments concerning rights acquired under the German socialinsurance scheme by Dutch workers between 13 May 1940and 1 September 1945).
21. GERMANY—UNITED KINGDOM
(a) Article 3 (6) and Article 7 (2) to (6) of the Convention on
Social Security of 20 April 1960;
(b) Article 2 (5) and Article 5 (2) to (6) of the Convention on
Unemployment Insurance of 20 April 1960.1972B0000 — EN — 01.01.1973 — 000.001 — 126
▼M1
22. FRANCE—IRELAND
No convention
23. FRANCE—ITALY
(a) Articles 20 and 24 of the General Convention of 31 March
1948;
(b) Exchange of Letters of 3 March 1956 (sickness benefits for
seasonal workers employed in agriculture).
24. FRANCE—LUXEMBOURG
None
25. FRANCE—NETHERLANDS
None
26. FRANCE—UNITED KINGDOM
The Exchange of Notes dated 27 and 30 July 1970 concerning theposition withregard to social security of United Kingdom teach ers
temporarily pursuing their profession in France by virtue of the
Cultural Convention of 2 March1948.
27. IRELAND—ITALY
No convention
28. IRELAND—LUXEMBOURG
No convention
29. IRELAND—NETHERLANDS
No convention
30. IRELAND—UNITED KINGDOM
None
31. ITALY—LUXEMBOURG
None
32. ITALY—NETHERLANDS
None
33. ITALY—UNITED KINGDOM
None
34. LUXEMBOURG—NETHERLANDS
None
35. LUXEMBOURG—UNITED KINGDOM
None
36. NETHERLANDS—UNITED KINGDOM
None’1972B0000 — EN — 01.01.1973 — 000.001 — 127
▼B
Annex III is replaced by:
‘ANNEX III
(Article 37(2) of the Regulation)
Legislations referred to in Article 37(1) of the Regulation under the terms
of which the amount of invalidity benefits does not depend on the length of
periods of insurance or of residence
A. BELGIUM
The legislation relating to the general invalidity scheme, to the
special invalidity scheme for miners and to the special scheme for
sailors in the Merchant Navy.
B. DENMARK
Disablement Pensions Law (promulgated on 15 April 1970).
C. GERMANY
None
D. FRANCE
All the legislation on invalidity insurance, except for the legislationconcerning the invalidity insurance of the miners' social securityscheme.
E. IRELAND
Section 6 of the Social Welfare Act of 29 July 1970.
F. ITALY
None
G. LUXEMBOURG
None
H. NETHERLANDS
The law of 18 February 1966 on insurance against incapacity for
work.
►M1I. UNITED KINGDOM
Law of 14 July 1971 on Invalidity Benefits. ◄’
Annex V is amended as follows:
‘A. BELGIUM
… (unchanged)
B. DENMARK
1. Any person who, from the fact of pursuing an activity as an
employed person, is subject to legislation on accidents at work
and occupational diseases shall be considered a worker withinthe meaning of Article 1(a) (ii) of the Regulation.
2. The condition of having been previously compulsorily insured
against the same contingency within a system organized for thebenefit of employed persons of the same Member State, as
provided for in Article 1(a) (iii) of the Regulation, shall not
apply to persons who are registered with an approved unemploy-ment insurance fund.
3. Completed periods of insurance or employment in a Member
State other than Denmark shall be taken into account for admis-sion to membershipof an approved unemployment insurance1972B0000 — EN — 01.01.1973 — 000.001 — 128
▼B
fund in the same way as if they were periods of employment
completed in Denmark.
4. Workers, applicants for pensions and pensioners, together with
members of their families, who apply for benefits in kind in
application of Articles 19 and 22, Article 25(1) and (3), Articles26, 28, 29 and 31 of the Regulation, shall be entitled to suchbenefits on the same terms as those laid down by Danish legis-lation for members of category A, where the cost of the saidbenefits is payable by the institution of a Member State other
than Denmark.
5. For the purposes of Title III, Chapter 1 of the Regulation,
members of the family other than children under 16 years ofage:
(a) of a worker subject to Danishlegislation; or
(b) of a person entitled to a pension payable under Danishlegis-
lation and permanently resident in Denmark,
who are dependent mainly on the said worker or pensioner and
who are permanently resident in a Member State other thanDenmark shall automatically become members of the sicknessfund with which the said worker or pensioner is registered, onthe same terms (member or contributing member, category A
or B) as the latter.
C. GERMANY
… (unchanged)
D. FRANCE
… (unchanged)
E. IRELAND
1. Any person who is compulsorily or voluntarily insured pursuant
to the provisions of Section 4 of the Social Welfare Act 1952shall be considered a worker within the meaning of Article1(a)(ii) of the Regulation.
2. The condition of having been previously compulsorily insured
against the same contingency within the framework of a system
organized for the benefit of employed workers of the sameMember State, as provided for in Article 1(a)(iii) of the Regula-tion, shall not apply to persons who are optionally registeredunder insurance systems for retirement, old age and widows'
pensions or under the system of death benefits.
3. Workers, applicants for pensions and pensioners, together with
members of their families, who apply for medical treatment inapplication of Articles 19 and 22, Article 25(1) and (3), Articles26, 28, 29 and 31 of the Regulation, shall be entitled, free ofcharge, to any such form of medical treatment as is providedfor by Irish legislation, where the cost of this treatment is
payable by the institution of a Member State other than Ireland.
4. If a worker subject to Irish legislation has left the territory of a
Member State to proceed, in the course of his employment, tothe territory of another Member State and sustains an accidentbefore arriving there, his entitlement to benefit in respect of thesaid accident shall be established:
(a) as if this accident had occurred on the territory of Ireland;
and
(b) without taking into consideration his absence from the terri-
tory of Ireland, when determining whether, by virtue of hisemployment, he was insured under the said legislation.1972B0000 — EN — 01.01.1973 — 000.001 — 129
▼B
F. ITALY
… (unchanged)
G. LUXEMBOURG
… (unchanged)
H. NETHERLANDS
… (unchanged)
I. UNITED KINGDOM
1. All persons required to pay contributions as employed workers
shall be regarded as workers for the purposes of Article 1(a)(ii)of the Regulation.
2. When a person who is normally resident in the United Kingdom,
or who has been required, since he last arrived in the UnitedKingdom, to pay contributions under United Kingdom law as
an employed person, applies, as a result of incapacity to work,
pregnancy or unemployment, for exemption from the paymentof contributions over a certain period, and asks for contributionsfor that period to be credited to him, any period during whichthat person has been working in the territory of another MemberState shall, for the purposes of his application, be regarded as a
period during which he has been employed in the United
Kingdom and for which he has paid contributions as anemployed worker in accordance withUnited Kingdom legisla-tion.
3. For the purposes of Title III, Chapter 3 of the Regulation,
where, in accordance with United Kingdom legislation, a womanapplies for an old-age pension
(a) on the basis of her husband's insurance; or
(b) on the basis of her personal insurance, and where, because
the marriage has ended as a result of the death of thehusband, or for other reasons, the contributions paid by the
latter are taken into account for the determination of pension
rights,
any reference to a period of insurance completed by her shall be
considered, for the purposes of establishing the annual average
of the contributions paid by her husband or credited to him, toinclude reference to a period of insurance completed by thehusband.
4. Where United Kingdom law makes permanent residence a
condition of the right to unemployment benefit, an insuredperson shall be deemed to have been permanently resident inthe United Kingdom in any period prior to the date of his appli-
cation for benefit during which he was resident, insured or
employed in the territory of another Member State.
5. If, in accordance with the provisions of Title II of the Regula-
tion, United Kingdom law is applicable to a worker, he shall betreated, for the purposes of entitlement to family allowances:
(a) as if his place of birth, or the place of birth of his children
or dependants, were in the United Kingdom, if that place iswithin the territory of another Member State; and
(b) as if he had been present in the United Kingdom prior to his
application for allowances during any period when he wasinsured or employed within the territory or under the legisla-
tion of another Member State.
6. Any worker subject to United Kingdom legislation in accor-
dance with the provisions of Title II of the Regulation shall be1972B0000 — EN — 01.01.1973 — 000.001 — 130
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▼B
treated, for the purposes of entitlement to the attendance allow-
ance:
(a) as if his place of birth were within the territory of the United
Kingdom, if his place of birth is within the territory of
another Member State; and
(b) as if he had been normally resident in the United Kingdom
and had been there during any period of insurance or
employment that he may have completed within the territoryor under the legislation of another Member State.
7. In the event of a worker subject to United Kingdom legislation
being the victim of an accident after leaving the territory of oneMember State while travelling, in the course of his employment,
to the territory of another Member State, but before arriving
there, his entitlement to benefits in respect of that accident shallbe established:
(a) as if the accident had occurred within the territory of the
United Kingdom; and
(b) disregarding his absence from the territory of the United
Kingdom for the purposes of determining whether, by virtueof his employment, he was insured under the said legisla-tion.
8. The Regulation does not apply to those provisions of United
Kingdom legislation which are intended to bring into force any
social security agreement concluded between the UnitedKingdom and a third State.
9. Wherever required by United Kingdom legislation for the
purposes of determining entitlement to benefits, nationals ofany Member State born in a third State are to be considered
nationals of the United Kingdom born in a third State.’
2.Council Regulation (EEC) No 2396/71 of 8 November 1971
OJ No L 249/54, 10 November 1971
Article 4 is replaced by the following:
‘For the purposes of Article 8(2) of the Council Decision of 1
February 1971, each Member State shall transmit to the Commis-sion a list, to be published by the Commission in the Official
Journal of the European Communities , of the public authorities
empowered by it to provide financial assistance for measuresundertaken by bodies or other entities governed by private law (or,in Member States where this concept is unknown, by equivalententities) and to guarantee that such operations are successfullyconcluded.’
3.Council Decision of 25 August 1960
OJ No 56/1201, 31 August 1960
as amended by:
—Council Decision No 68/188/EEC of 9 April 1968
OJ No L 91/25, 12 April 1968
In Article 2, the word ‘thirty-six’ is replaced by the word ‘ ►
M1fifty-
four◄’ and the word ‘six’ by the word ‘ ►M1nine◄’.
4.Council Decision No 63/688/EEC of 18 December 1963
OJ No 190/3090, 30 December 1963
as amended by:
—Council Decision No 68/189/EEC of 9 April 1968
OJ No L 91/26, 12 April 1968
In Article 1, the number ‘36’is replaced by the number ‘ ►M154◄’.
5.Decision of the Representatives of the Governments of the Member
States meeting in the Special Council of Ministers on 9 July 1957
OJ No 28/487, 31 August 19571972B0000 — EN — 01.01.1973 — 000.001 — 131
▼B
as amended by:
—Decision of the Representatives of the Governments of the Member
States meeting in the Special Council of Ministers on 11 March1965
OJ No 46/698, 22 March1965
In Article 3 of the Annex, the figure ‘24’ is replaced by the figure
‘►
M136◄’
Article 5 of the Annex (and its title) are deletedIn Article 9 of the Annex, the word ‘three’ is replaced by the word
‘five’.
In Article 13(3) of the Annex, the word ‘four’ is replaced by the word
‘►
M1six◄’.
In Article 15(1) of the Annex, the words ‘and to observers of the
United Kingdom’ are deleted.
In Article 18(1) of the Annex, the word ‘sixteen’ is replaced by the
word ‘►M1twenty-four ◄’.
In Article 18(2) of the Annex, the word ‘thirteen’ is replaced by the
word ‘►M1nineteen ◄’.
6.Council Directive No 68/360/EEC of 15 October 1968
OJ No L 257/13, 19 October 1968
The note to the Annex is replaced by the following:
‘(1) Belgian, Danish, German, French, Irish, Italian, Luxembourg,
Dutch,►M1 ◄United Kingdom, depending on
which country issues the card’.
X. TECHNICAL BARRIERS
1.Council Directive No 69/493/EEC of 15 December 1969
OJ No L 326/36, 29 December 1969
In Annex I, the following is inserted in column b:— against No 1 the words:
‘full lead crystal 30 %
krystal 30 %
►
M1 ◄’
— against No 2 the words:
‘lead crystal 24 %
krystal 24 %
►M1 ◄’
— against No 3 the words:
‘crystal glass, crystallin
krystallin
►M1 ◄’
— against No 4 the words:
‘crystal glass, crystallin
krystallin
►M1 ◄’
2.Council Directive No 70/156/EEC of 6 February 1970
OJ No L 42/1, 23 February 1970
Article 2(a) is replaced by the following:1972B0000 — EN — 01.01.1973 — 000.001 — 132
▼B
‘For the purposes of this Directive:
(a) “national type approval” means the administrative procedure
known as:
— agréation par type/aanneming in Belgian law;
— standardtypegodkendelse in Danishlaw;
— allgemeine Betriebserlaubnis in German law;
— réception par type in Frenchlaw;
— type approval in Irishlaw;
— omologazione or approvazione del tipo in Italian law;
— agréation in Luxembourg law;
— typegoedkeuring in Netherlands law;
— type approval in United Kingdom law’
Article 10(1) is replaced by:
‘1. Once this Directive has entered into force and as the separate
Directives necessary for the granting of EEC type approval become
applicable:
— in the Member States where vehicles or a category of vehicles
are the subject of national type approval, that type approvalshall be based on the harmonized technical requirements insteadof the corresponding national requirements if the applicant sorequests;
— in the Member States where vehicles or a category of vehicles
are not the subject of national type approval, the sale, registra-tion, entry into service or use of suchveh icles may not berefused or prohibited on the grounds that harmonized technicalrequirements have been complied with instead of the corre-
sponding national requirements, provided the competent
authorities of the said States have been informed thereof bythe manufacturer or by his authorized representative;
— on application by a manufacturer or his authorized representa-
tive and on submission of the information document referred to
in Article 3, the Member State concerned shall complete thesections of the type approval certificate referred to in Article2(b). A copy of this certificate shall be issued to the applicant.With respect to vehicles of the same type, the other MemberStates shall accept this copy as proof that the requisite tests
have been carried out.’
In Article 13(2), the word ‘twelve’ is replaced by the word ‘ ►
M1
forty-one ◄’.
3.Council Directive No 70/157/EEC of 6 February 1970
OJ No L 42/16, 23 February 1970
After Article 2, an Article is inserted, worded as follows:
‘Article 2a
No Member State may refuse or prohibit the sale or registration,
entry into service or use of a vehicle on grounds relating to the
permissible sound level or the exhaust system if its sound leveland exhaust system satisfy the requirements set out in the Annex.’
4.Council Directive No 70/220/EEC of 20 March1970
OJ No L 76/1, 6 April 1970
After Article 2, an Article is inserted, worded as follows:
‘Article 2a
No Member State may refuse or prohibit the sale or registration,
entry into service or use of a vehicle on grounds relating to airpollution by gasesfrom positive-ignition engines of motor vehicles1972B0000 — EN — 01.01.1973 — 000.001 — 133
▼M1
▼B
▼B
if that vehicle satisfies the requirements set out in Annexes I, II, III,
IV, V and VI.’
5.Council Directive No 70/221/EEC of 20 March1970
OJ No L 76/23, 6 April 1970
After Article 2, an Article is inserted, worded as follows:
‘Article 2a
No Member State may refuse or prohibit the sale or registration,
entry into service or use of a vehicle on grounds relating to liquid
fuel tanks or rear protective devices if these satisfy the require-ments set out in the Annex.’
6.Council Directive No 70/222/EEC of 20 March1970
OJ No L 76/25, 6 April 1970
After Article 2, an Article is inserted, worded as follows:
‘Article 2a
No Member State may refuse or prohibit the sale or registration,
entry into service or use of a vehicle on grounds relating to thespace for mounting or the fixing of rear registration plates if these
satisfy the requirements set out in the Annex.’
7.Council Directive No 70/311/EEC of 8 June 1970
OJ No L 133/10, 18 June 1970
After Article 2, an Article is inserted, worded as follows:
‘Article 2a
No Member State may refuse or prohibit the sale or registration,
entry into service or use of a vehicle on grounds relating to itssteering equipment, if this equipment satisfies the requirements setout in the Annex.’
8.Council Directive No 70/387/EEC of 27 July 1970
OJ No L 176/5, 10 August 1970
After Article 2, an Article is inserted, worded as follows:
‘Article 2a
No Member State may refuse or prohibit the sale or registration,
entry into service or use of a vehicle on grounds relating to its
doors if these satisfy the requirements set out in the Annexes.’
9.Council Directive No 70/388/EEC of 27 July 1970
OJ No L 176/12, 10 August 1970
After Article 7, an Article is inserted, worded as follows:
‘Article 7a
No Member State may refuse or prohibit the sale or registration,
entry into service or use of a vehicle on grounds relating to itsaudible warning device if that device bears the EEC approvalmark and if it is fitted in accordance withth e requirements laid
down in item 2 of Annex I.’
In Annex I point 1.4.1, in the third and fourth lines the words in
brackets are replaced by the following:
‘(1 for Germany, 2 for France, 3 for Italy, 4 for the Netherlands, 6
for Belgium, 11 for the United Kingdom, 12 for Luxembourg, the
letters DK for Denmark, the letters IRL for Ireland►
M1 ◄).’
10.Council Directive No 71/127/EEC of 1 March1971
OJ No L 68/1, 22 March1971
After Article 7, a new Article inserted:1972B0000 — EN — 01.01.1973 — 000.001 — 134
▼B
‘Article 7a
No Member State may refuse or prohibit the sale or registration,
entry into service or use of a vehicle on grounds relating to itsrear-view mirrors if these comply with the requirements laid down
in the Annexes.’
In Annex I, point 2.6.1 is replaced by the following:
‘2.6.1
The type approval mark shall be made up of a rectangle, within
which shall be placed the letter “e” followed by the distinguishingnumber or letter of the country which has granted the type approval(1 for Germany, 2 for France, 3 for Italy, 4 for the Netherlands, 6
for Belgium, 11 for the United Kingdom, DK for Denmark, IRL for
Ireland, L for Luxembourg ►
M1 ◄). At any point in
the proximity of this rectangle there shall be placed a type approvalnumber corresponding to the number of the approval certificatecompleted for the prototype.’
In Annex I, point 3.2.1is replaced by the following:
‘3.2.1.
All vehicles shall be equipped with both an interior and an exterior
rear-view mirror. The latter shall be fitted to the left side of thevehicle in the Member States where vehicles are required to bedriven on the right, and to the right side of the vehicle in theMember States where vehicles are required to be driven on theleft.’
In Annex I, point 3.2.2 is replaced by the following:
‘3.2.2
In the event of failure to satisfy the specifications of point 3.5 with
regard to the field of vision of the interior rear-view mirror, anadditional exterior rear-view mirror shall be mandatory. The saidadditional mirror shall be fitted to the right side of the vehicle inthe Member States where vehicles are required to be driven on the
right and to the left side of the vehicle in the Member States where
vehicles are required to be driven on the left.’
In Annex I, point 3.3.2 is replaced by the following:
‘3.3.2
Exterior rear-view mirrors shall be visible through the portion of
the windscreen that is swept by the windscreen wiper or throughthe side windows. In the case of vehicles of the international cate-
gories M 2or M3as defined in the Council Directive on the
approximation of the laws of the Member States relating to thetype approval of motor vehicles and their trailers, the foregoingprovision shall not apply to right-hand rear-view mirrors in theMember States where vehicles are required to be driven on the
right or to left-hand rear-view mirrors in the Member States where
vehicles are required to be driven on the left.’
In Annex I, point 3.3.3 is replaced by the following:
‘3.3.3
In the case of left-hand drive vehicles in the Member States where
vehicles are required to be driven on the right and of right-handdrive vehicles in the Member States where vehicles are required tobe driven on the left, the prescribed exterior rear-view mirror shall
be fitted to the left or right side respectively of the vehicle in such
a way that there is an angle of not more than 55º between thevertical longitudinal median of the vehicle and the vertical planewhich passes through the centre of the rear-view mirror andthrough the middle of the segment between the ocular points of
the driver.’
In Annex I, point 3.5.3 is replaced by the following:
‘3.5.31972B0000 — EN — 01.01.1973 — 000.001 — 135
▼B
Left-hand exterior rear-view mirror
(a)Member States where vehicles are required to be driven on the
right:
The field of vision shall be such that the driver can see at least
a 2.50-m-wide plane and horizontal portion of the road, saidportion being bounded on the right by the plane which isparallel to the vertical longitudinal median of the vehicle and
passes through the leftmost point of the overall width of the
vehicle, said portion stretching from the horizon to 10 m behindthe ocular points of the driver (Figure 4).
(b)Member States where vehicles are required to be driven on the
left:
The field of vision shall be such that the driver can see at least
a 3.50-m-wide plane and horizontal portion of the road, saidportion being bounded on the right by the plane which isparallel to the vertical longitudinal median of the vehicle and
passes through the leftmost point of the overall width of the
vehicle, said portion stretching from the horizon to 30 m behindthe ocular points of the driver.
In addition, the road shall be visible to the driver, over a width
of 0.75 m, from a point 4 m behind the vertical plane throughthe ocular points of the driver (Figure 5).’
In Annex I, point 3.5.4 is replaced by the following:
‘3.5.4
Right-hand exterior rear-view mirror
(a)Member States where vehicles are required to be driven on the
right:
The field of vision shall be such that the driver can see at least
a 3.50-m-wide plane and horizontal portion of the road, saidportion being bounded on the left by the plane which is parallel
to the vertical longitudinal median of the vehicle and passes
through the rightmost point of the overall width of the vehicle,said portion stretching from the horizon to 30 m behind theocular points of the driver.
In addition, the road shall be visible to the driver, over a width
of 0.75 m, from a point 4 m behind the vertical plane throughthe ocular points of the driver (Figure 4).
(b)Member States where vehicles are required to be driven on the
left:
The field of vision shall be such that the driver can see at least
a 2.50-m-wide plane and horizontal portion of the road, said
portion being bounded on the left by the plane which is parallelto the vertical longitudinal median of the vehicle and passesthrough the rightmost point of the overall width of the vehicle,said portion stretching from the horizon to10 m behind the
ocular points of the driver (Figure 5).’
The title of Figure 4 of Annex I is replaced by the following: ‘Exterior
rear-view mirrors (in the case of vehicles which are required to bedriven on the right).’
In Annex I, a Figure 5 is inserted. The design in this figure is a mirror-
image of that in Figure 4. The title of Figure 5 is as follows: ‘Exteriorrear-view mirrors (in the case of vehicles which are required to be
driven on the left).’
11.Council Directive No 71/307/EEC of 26 July 1971
OJ No L 185/16, 16 August 1971
In Article 5(1), the following is inserted after the fourth indent:
‘— “fleece wool” or “virgin wool”’
Article 8(1) is replaced by the following:1972B0000 — EN — 01.01.1973 — 000.001 — 136
▼B
‘1. Textile products within the meaning of this Directive shall be
labelled or marked whenever they are put on the market for produc-tion or commercial purposes; this labelling or marking may be
replaced or supplemented by accompanying commercial documents
when the products are not being offered for sale to the endconsumer, or when they are delivered in performance of an orderplaced by the State or by some other legal person governed bypublic law or, in those States where this concept is unknown, by
an equivalent entity.’
The following names are inserted after the name ‘guanaco’ (
1), in
heading 2 of Annex I:
‘beaver, otter.’
The three following headings are inserted in Annex I:
‘Number Description Description of the fibre
16a Sunn fibre from the bast of Crotalaria
juncea
16b Henequen fibre from the bast of Agave
Fourcroydes
16c Maguey fibre from the bast of Agave
Cantala’
The following three headings are inserted in Annex II:
‘Fibre number Fibre Percentage
16a Sunn 12
16b Henequen 14
16c Maguey 14’
The following headings are inserted at the end of Annex III:
‘28. Oven gloves and cloths
29. Egg cosies
30. Make-up cases
31. Tobacco pouches of textile fabric32. Spectacle, cigarette and cigar, lighter and comb cases of
textile fabric
33. Protective requisites for sports withth e exception of gloves
34. Toilet cases35. Shoe-cleaning cases’
12.Council Directive No 71/316/EEC of 26 July 1971
OJ No L 202/1, 6 September 1971
In point 3.1 of Annex I, the first indent is replaced by the following:
‘— in the upper part, the distinguishing capital letter of the State
which granted the approval (B for Belgium, DK for Denmark,D for the Federal Republic of Germany, F for France, IR forIreland, I for Italy, L for Luxembourg, ►
M1 ◄
N L for the Netherlands and UK for the United Kingdom) and
the last two digits of the year of approval.’
In point 3.1.1.1(a) of Annex II, the first indent is replaced by the
following:
‘— in the upper half, the distinguishing capital letter of the State
where the original check is carried out (B for Belgium, DKfor Denmark, D for the Federal Republic of Germany, F forFrance, IR for Ireland, I for Italy, L for Luxembourg,►
M1 ◄N L for the Netherlands and UK for
the United Kingdom) together, where necessary, with one or1972B0000 — EN — 01.01.1973 — 000.001 — 137
▼B
two figures identifying a territorial or administrative subdivi-
sion.’
In Article 19(2) the word ‘twelve’ is replaced by the word ‘ ►M1
forty-one ◄’.
13.Council Directive No 71/320/EEC of 26 July 1971
OJ No L 202/37, 6 September 1971
A new Article is inserted, worded as follows:
‘Article 2a
No Member State may refuse or prohibit the sale, registration, entry
into service or use of a vehicleon grounds relating to its braking
devices if that vehicle is equipped with the braking devices speci-
fied in Annexes I to VIII and if suchbraking devices satisfy th erequirements set out therein.’
14.Council Directive No 71/347/EEC of 12 October 1971
OJ No L 239/1, 25 October 1971
Article 1(a) is replaced by the following:
‘(a) the definition of the characteristic of cereals designated EEC
standard mass per storage volume (masse à l'hectolitre CEE,EEG-natuurgewicht, EWG-Schüttdichte, peso ettolitrico CEE,EØF-masse af hektoliter korn ►
M1 ◄),’
The following paragraph is inserted at the end of Article 4:
‘3. Throughout the period in which the unit of measurement
(pound per bushel) lawfully in use in Ireland and in the United
Kingdom at the date of accession continues to be authorized, theterm “EEC standard mass per storage volume” may be employedto characterize cereals which have been measured in Ireland or inthe United Kingdom by the instruments and methods in use in
those countries. In this case, the measurements obtained in pounds
per bushel shall be converted into the EEC unit of standard massper storage volume by being multiplied by a factor of 1.25.’
15.Council Directive No 71/348/EEC of 12 October 1971
OJ No L 239/9, 25 October 1971
In Chapter IV of the Annex, the following is inserted at the end of
Section 4.8.1:
‘— 0.1 Irishpenny
— 0.1 penny sterling
— 1 Danishøre
►
M1 ◄’
16.Council Directive No 71/354/EEC of 18 October 1971
OJ No L 243/29, 29 October 1971
In Article 1(1) and (2), the word ‘Annex’ is replaced by ‘Annex I’.Article 1(3) is replaced by the following:
‘3. The units of measurement temporarily retained in accordance
with the provisions of Annex I, Chapters II and III and Annex IImay not be brought into compulsory use by the Member Stateswhere they are not authorized at the date when this Directive entersinto force.’
In Article 1, a paragraph4 is inserted, worded as follows:
‘4. The classification in Annex I of the units of measurement
listed in Annex II shall be decided on 31 August 1976 at the latest.
The units of measurement concerning which no decision has beenmade on 31 August 1976 at the latest, shall disappear on 31December 1979 at the latest. An appropriate extension of this timelimit may be decided for certain of these units of measurement if itshould be justified for special reasons.’
The title of the Annex is replaced by1972B0000 — EN — 01.01.1973 — 000.001 — 138
▼B
‘Annex I’
An Annex II is inserted, worded as follows:
‘ANNEX II
Units of measurement of the imperial system, the classification of which in Annex
I shall be decided on 31 August 1976 at the latest
Quantity Name of unit Conversion Factor:Imperial unit
SI unit
Length
Metre (m)/C144/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C145/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C146Inch2.54 · 10
−2
Hand 0.1016
Foot 0.3048
Yard 0.9144
Fathom 1.829
Chain 20.12
Furlong 201.2
Mile 1609
Nautical mile (UK) 1853
Area
Square metre (m2)/C144/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C145/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C146Square inch6.452 · 10
−4
Square foot 0.929 · 10−1
Square yard 0.8361
Rood 1012
Acre 4047
Square mile 2.59 · 106
Volume
Cubic metre (m3)/C144/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C145/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C146Cubic inch16.39 · 10
−6
Cubic foot 0.0283
Cubic yard 0.7646
Fluid ounce 28.41 · 10−6
Gill 0.1421 · 10−3
Pint 0.5682 · 10−3
Quart 1.136 · 10−3
Gallon 4.546 · 10−3
Bushel 36.37 · 10−3
Cran 170.5 · 10−3
Mass
Kilogramme (kg)/C144/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C145/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C146Grain 0.0648 · 10
−3
Dram 1.772 · 10−3
Ounce (avoirdupois) 28.35 · 10−3
Ounce troy 31.10 · 10−3
Pound 0.4536
Stone 6.35
Quarter 12.70
Cental 45.36
Hundredweight 50.80
Ton 1016
Force
Newton (N)/C144/C147/C147/C147/C145/C147/C147/C147/C146Pound force 4.448
Ton force 9.964 · 10 3
Pressure
Pascal (Pa)/C144/C147/C147/C147/C145/C147/C147/C147/C146Inchwater gauge 249.089
Energy
Joule (J)/C144/C147/C147/C147/C147/C147/C145/C147/C147/C147/C147/C147/C146Britishth ermal unit 1055.06
Foot pound-force 1.356
Therm 105.506 · 10
6
Power
Watt (W)Horsepower 745.7
Illuminance
Lux (lx)eFoot-candle 10.76
Temperature
Kelvin (K)Degree Fahrenheit 5/9
Speed, velocity
Metres per second (m/s)Knot (UK) 0.51472’1972B0000 — EN — 01.01.1973 — 000.001 — 139
▼B
XI. FOODSTUFFS
1.Council Directive of 23 October 1962
OJ No 115/2645, 11 November 1962
as amended by:
—Council Directive No 65/469/EEC of 25 October 1965
OJ No 178/2793, 26 October 1965
—Council Directive No 67/653/EEC of 24 October 1967
OJ No 263/4, 30 October 1967
—Council Directive No 68/419/EEC of 20 December 1968
OJ No L 309/24, 24 December 1968
—Council Directive No 70/358/EEC of 13 July 1970
OJ No L 157/36, 18 July 1970
In Article 9, paragraph2 is replaced by th e following:
‘2. When the particulars required under paragraph 1 appear on
the packages or containers and if the words required under para-graph1(c) are expressed in at least one official language of th e
Community, Member States shall not prohibit imports of the
colours listed in Annex I on the ground that they consider the label-ling inadequate.
However, any importing Member State may require the latter words
to be expressed in its official language or languages.’
2.Council Directive No 64/54/EEC of 5 November 1963
OJ No 12/661, 27 January 1964
as amended by:
—Council Directive No 67/427/EEC of 27 June 1967
OJ No 148/1, 11 July 1967
—Council Directive No 68/420/EEC of 20 December 1968
OJ No L 309/25, 24 December 1968
—Council Directive No 70/359/EEC of 13 July 1970
OJ No L 157/38, 18 July 1970
—Council Directive No 71/160/EEC of 30 March1971
OJ No L 87/12, 17 April 1971
In Section I of the Annex, the following elements are inserted in the
corresponding columns:
‘E 218 Methyl p-hydroxybenzoate (methyl ester of p-hydroxy-
benzoic acid)
E 227 Calcium bisulphite (calcium hydrogen sulphite)’
In Article 9, paragraph2 is replaced by th e following:
‘2. Member States shall not prohibit the preservatives listed in
the Annex from entering their territory and from being placed onsale therein on the ground that they consider the labelling inade-quate if the particulars required under paragraph 1 appear on the
packages or containers, and if the particulars required under subpar-
agraphs (b), (c) and (d) are expressed in at least one officiallanguage of the Community.
However, any importing Member State may require that the latter
particulars be expressed in its official language or languages.’
3.Council Directive No 70/357/EEC of 13 July 1970
OJ No L 157/31, 18 July 1970
In Article 8, paragraph2 is replaced by th e following:
‘2. Member States shall not prohibit the substances listed in the
Annex from entering their territory and being placed on sale thereinon the ground that they consider the labelling inadequate, if theparticulars required under paragraph1 appear on th e packages or1972B0000 — EN — 01.01.1973 — 000.001 — 140
▼B
containers, and if the particulars required under paragraph 1(b), (c)
and (d) are expressed in at least one official language of theCommunity.
However, any importing Member State may require that the latter
particulars be expressed in its official language or languages.’
XII. ENERGY POLICY
1.Council Decision No 68/416/EEC of 20 December 1968
OJ No L 308/19, 23 December 1968
In Article 1(1), the following is inserted after ‘the Commission.’:
‘In the case of new Member States, such period shall be calculated
from the date of accession.’
XIII. STATISTICS
1.Council Directive No 64/475/EEC of 30 July 1964
OJ No 131/2193, 13 August 1964
In Article 1, the following is inserted after ‘… be carried out in 1965’:
‘in the case of the new Member States, all appropriate arrange-
ments shall be made to ensure that the first survey, covering theyear 1973, is carried out in 1974.’
2.Council Directive No 69/467/EEC of 8 December 1969
OJ No L 323/7, 24 December 1969
In Article 2, the figure ‘57’is to be replaced by the figure ‘ ►
M172
◄’.
In Annex II the following is inserted:
‘DENMARK
100 Vest for Storebælt101 Øst for Storebælt ekskl. Storkøbenhavn102 Storkøbenhavn
IRELAND
110 Ireland►
M1 ◄
►M1UNITED KINGDOM
120 SouthWest region
121 SouthEast Region
122 Wales and Monmouthshire
123 West Midlands124 East Midlands125 East Anglia126 NorthWest Region
127 Yorkshire and Humberside
128 Northern Region129 Scotland130 Northern Ireland. ◄’
XIV. MISCELLANEOUS
1.Council Regulation No 1 of 15 April 1958
OJ No 17/385, 6 October 1958
Article 1 is replaced by the following:1972B0000 — EN — 01.01.1973 — 000.001 — 141
▼B
‘The official languages and the working languages of the institu-
tions of the Community shall be Danish, German, English, French,Italian and Dutch ►
M1 ◄.’
In Article 4 the word ‘four’ is replaced by the word ‘ ►M1six◄’.
In Article 5 the word ‘four’ is replaced by the word ‘ ►M1six◄’.
2.EEC and EAEC Council Decision of 15 May 1959
OJ No 861/59, 17 August 1959
In Article 2, the word ‘six’is replaced by the word ‘ ►M1nine◄’.1972B0000 — EN — 01.01.1973 — 000.001 — 142
▼B
ANNEX II
List referred to in Article 30 of the Act of Accession
I. CUSTOMS LEGISLATION
Commission Regulation (EEC) No 1769/68 of 6 November 1968
OJ No L 285/1, 25 November 1968
The Annex to this Regulation, which contains the percentages of air
freight charges to be incorporated in the value for customs purposes,
is to be amended by direct reference to the situation resulting fromthe definition of the customs territory of the Community.
II. AGRICULTURE
A. Common organization of markets
(a)Fruit and vegetables
1.Commission Regulation No 80/63/EEC of 31 July 1963
OJ No 121/2137, 3 August 1963
The agencies entrusted with enforcement by each new Member State
are to be added to the list in the Annex.
2.Council Regulation No 41/66/EEC of 29 March1966
OJ No 69/1013, 19 April 1966
In Annex I/2, a supplementary quality category is to be added to the
common standards of quality for Brussels sprouts.
3.Commission Regulation (EEC) No 2638/69 of 24 December 1969
OJ No L 327/33, 30 December 1969
A list of dispatching areas for each new Member State is to be added to
Annex I.
4.Commission Regulation (EEC) No 496/70 of 17 March1970
OJ No L 62/11, 18 March1970
The agencies entrusted with enforcement by each new Member State
are to be added to the list in Annex I.
5.Commission Regulation (EEC) No 1291/70 of 1 July 1970
OJ No L 144/10, 2 July 1970
Representative markets for the new Member States are to be added to
the list in Article 3(2).
6.Commission Regulation (EEC) No 1559/70 of 31 July 1970
OJ No L 169/55, 1 August 1970
The agencies appointed by each new Member State are to be added to
the list in the Annex.
7.Commission Regulation (EEC) No 1560/70 of 31 July 1970
OJ No L 169/59, 1 August 1970
The agencies appointed by each new Member State are to be added to
the list in the Annex.
8.Commission Regulation (EEC) No 1561/70 of 31 July 1970
OJ No L 169/63, 1 August 1970
The agencies appointed by each new Member State are to be added to
the list in the Annex.
9.Commission Regulation (EEC) No 1562/70 of 31 July 1970
OJ No L 169/67, 1 August 1970
The agencies appointed by each new Member State are to be added to
the list in the Annex.1972B0000 — EN — 01.01.1973 — 000.001 — 143
▼B
10.Commission Regulation (EEC) No 604/71 of 23 March1971
OJ No L 70/9, 24 March1971
Representative markets for the new Member States are to be added to
Annexes I, II, V and VI.
(b)Wine
Commission Regulation (EEC) No 2005/70 of 6 October 1970
OJ No L 224/1, 10 October 1970
as amended by:
—Commission Regulation (EEC) No 756/71 of 7 April 1971
OJ No L 83/48, 8 April 1971
—Commission Regulation (EEC) No 1985/71 of 14 September 1971
OJ No L 209/9, 15 September 1971
The vine varieties authorized or recommended in Ireland and in the
United Kingdom are to be added to the Annex.
(c)Pigmeat
1.Council Regulation No 213/67/EEC of 27 June 1967
OJ No 135/2887, 30 June 1967
as amended by:
—Council Regulation (EEC) No 85/68 of 23 January 1968
OJ No L 21/3, 25 January 1968
—Council Regulation (EEC) No 1705/68 of 30 October 1968
OJ No L 267/1, 31 October 1968
—Council Regulation (EEC) No 2112/69 of 28 October 1969
OJ No L 271/1, 29 October 1969
—Council Regulation (EEC) No 2090/70 of 20 October 1970
OJ No L 232/1, 21 October 1970
Representative markets for the new Member States are to be added to
the list in the Annex.
2.Council Regulation (EEC) No 2108/70 of 20 October 1970
OJ No L 234/1, 23 October 1970
In Annex I, column 2 ‘carcase weight’ and column 3 ‘thickness of
backfat’ may have to be amended in order to take into account thecategories of pigs weighing between 30 and 50 kilogrammes.
(d)Milkand milkproducts
1.Council Regulation (EEC) No 985/68 of 15 July 1968
OJ No L 169/1, 18 July 1968
as amended by:
—Council Regulation (EEC) No 750/69 of 22 April 1969
OJ No L 98/2, 25 April 1969
—Council Regulation (EEC) No 1211/69 of 26 June 1969
OJ No L 155/13, 28 June 1969
—Council Regulation (EEC) No 1075/71 of 25 May 1971
OJ No L 116/1, 28 May 1971
For eachnew Member State, definitions of butter wh ichis likely to be
bought by intervention agencies are to be added to Article 1(3)(a) and
to Article 8(4), in such a way that such butter shall have characteristicscorresponding te those applying to butter which can now be bought byintervention agencies in the Community.
2.Commission Regulation (EEC) No 1053/68 of 23 July 1968
OJ No L 179/17, 25 July 19681972B0000 — EN — 01.01.1973 — 000.001 — 144
▼B
as amended by:
—Commission Regulation (EEC) No 196/69 of 31 January 1969
OJ No L 26/28, 1 February 1969
—Commission Regulation (EEC) No 2605/70 of 22 December 1970
OJ No L 278/17, 23 December 1970
—Commission Regulation (EEC) No 2369/71 of 4 November 1971
OJ No L 246/27, 5 November 1971
The various particulars in the languages of the new Member States are
to be added to the specimen certificates in the Annex.
3.Commission Regulation (EEC) No 1324/68 of 29 August 1968
OJ No L 215/25, 30 August 1968
Particulars in the languages of the new Member States are to be
inserted in Annex II.
(e)Beef and veal
1.Commission Regulation (EEC) No 1024/68 of 22 July 1968
OJ No L 174/7, 23 July 1968
as amended by:
— OJ No L 111/26, 9 May 1969
This Regulation is to be amended to take account of the adaptation to
Article 10 of Regulation (EEC) No 805/68.
2.Commission Regulation (EEC) No 1026/68 of 22 July 1968
OJ No L 174/12, 23 July 1968
This Regulation is to be amended to take account of the adaptation to
Article 10 of Regulation (EEC) No 805/68.
3.Commission Regulation (EEC) No 1027/68 of 22 July 1968
OJ No L 174/14, 23 July 1968
as amended by:
—Commission Regulation (EEC) No 705/71 of 31 March1971
OJ No L 77/79, 1. April 1971
Article 9 is to be adapted, if necessary, to take account of any amend-
ments made to Article 6 of Regulation (EEC) No 1026/68.
The new coefficients of the Member States are to be inserted in Annex
I(b).
Factors corresponding to those now appearing in Annex II are to be
fixed for the new Member States and inserted in that Annex.
4.Commission Regulation (EEC) No 1097/68 of 27 July 1968
OJ No L 184/5, 29 July 1968
as amended by:
—Commission Regulation (EEC) No 1261/68 of 20 August 1968
OJ No L 208/7, 21 August 1968
—Commission Regulation (EEC) No 1556/68 of 4 October 1968
OJ No L 244/15, 5 October 1968
—Commission Regulation (EEC) No 1585/68 of 10 October 1968
OJ No L 248/16, 11 October 1968
—Commission Regulation (EEC) No 1809/69 of 12 September 1969
OJ No L 232/6, 13 September 1969
—Commission Regulation (EEC) No 1795/71 of 17 August 1971
OJ No L 187/5, 19 August 1971
The coefficients applicable to buying-in prices in the new Member
States are to be added to Annex I.1972B0000 — EN — 01.01.1973 — 000.001 — 145
▼B
(f)Fisheries
1.Commission Regulation (EEC) No 2518/70 of 10 December 1970
OJ No L 271/15, 15 December 1970
Representative wholesale markets and ports for the new Member States
are to be added to the Annex.
2.Commission Regulation (EEC) No 1109/71 of 28 May 1971
OJ No L 117/18, 29 May 1971
Representative markets and ports of import for the new Member States
are to be added to Annex II.
B. Acts of a general nature
1.Commission Regulation (EEC) No 1373/70 of 10 July 1970
OJ No L 158/1, 20 July 1970
as amended by:
—Commission Regulation (EEC) No 2638/70 of 23 December 1970
OJ No L 283/34, 29 December 1970
The equivalents, in the languages of the new Member States, of the
expression ‘Certificats d'importation ou de préfixation’ are to be addedto the headings of the certificates in the Annex.
2.Council Regulation (EEC) No 729/70 of 27 April 1970
OJ No L 94/13, 28 April 1970
The annual amount of 285 million units of account appearing in Article
6(4) and (5) is to be adapted to take account of the needs of theCommunity after the date of accession of the new Member States.
C. Veterinary Legislation
1.Council Directive No 64/432/EEC of 26 June 1964
OJ No 121/1977, 29 July 1964
as amended by:
—Council Directive No 66/600/EEC of 25 October 1966
OJ No 192/3294, 27 October 1966
—Council Directive No 70/360/EEC of 13 July 1970
OJ No L 157/40, 18 July 1970
—Council Directive No 71/285/EEC of 19 July 1971
OJ No L 179/1, 9 August 1971
The national institutes responsible for the official testing of tuberculins
in eachnew Member State are to be added to Annex B, point 8.
The national institutes responsible for the official testing of antigens in
eachnew Member State are to be added to Annex C, point 9.
In Annex F, the official title of the person made responsible for signing
the certificates in each new Member State is to be added to:
— footnote 4 to the certificate at Specimen I,
— footnote 5 to the certificate at Specimen II,— footnote 4 to the certificate at Specimen III,— footnote 5 to the certificate at Specimen IV.
2.List No 66/340/EEC of 6 May 1966
OJ No 100/1604, 7 June 1966
The names, nationalities, addresses and telephone numbers of the veter-
inary experts of the new Member States are to be added to points Aand B.
3.Commission Decision No 69/100/EEC of 18 March1969
OJ No L 88/9, 11 April 19691972B0000 — EN — 01.01.1973 — 000.001 — 146
▼B
The names and nationalities of the veterinary experts of the new
Member States are to be added to Article 1.
D. Agricultural Statistics
1.Council Regulation No 79/65/EEC of 15 June 1965
OJ No 109/1859, 23 June 1965
Districts in the new Member States are to be added to the Annex.
2.Commission Regulation No 91/66/EEC of 29 June 1966
OJ No 121/2249, 4 July 1966
as amended by:
—Commission Regulation No 349/67/EEC of 25 July 1967
OJ No 171/1, 28 July 1967
—Commission Regulation (EEC) No 1696/68 of 28 October 1968
OJ No L 266/4, 30 October 1968
—Commission Regulation (EEC) No 1697/68 of 28 October 1968
OJ No L 266/7, 30 October 1968
as corrected by:
—Corrigendum to Commission Regulation No 91/66/EEC of 29 June
1966
OJ No L 277/32, 15 November 1968
The number of farm units whose accounts are to be collected in each
district of the new Member States is to be specified in Annex III.
3.Commission Regulation No 184/66/EEC of 21 November 1966
OJ No 213/3637, 23 November 1966
as amended by:
—Commission Regulation (EEC) No 747/68 of 20 June 1968
OJ No L 140/13, 22 June 1968
Supplementary provisions concerning the new Member States are to be
added to Part II of the Annex.
4.Council Directive No 71/286/EEC of 26 July 1971
OJ No L 179/21, 9 August 1971
Districts in eachnew Member State are to be added to th e Annex.
III. COMPANY LAW
Council Directive No 68/151/EEC of 9 March1968
OJ No L 65/8, 14 March1968
IV. TRANSPORT
Council Directive of 23 July 1962
OJ No 70/2005, 6 August 1962
This Directive may have to be amended to ensure that the liberalization
of carriage by road laid down therein covers carriage by road betweencertain coastal regions in the Community separated by the sea.
V. COMPETITION
High Authority Decision No 3/58 of 18 March1958
OJ No 11/157, 29 March1958
as supplemented by:
—High Authority Decision No 27/59 of 29 April 19591972B0000 — EN — 01.01.1973 — 000.001 — 147
▼M1
▼B
▼B
OJ No 30/578, 1 May 1959
The National Coal Board (UK) and the major undertakings in the coal
industry in the other new Member States are to be added to Article
2(1).
Sales areas for the new Member States are to be added to Article 3(2).
VI. COMMERCIAL POLICY
Council Regulation (EEC) No 1025/70 of 25 May 1970
OJ No L 124/6, 8 June 1970
as modified by:
—Council Regulation (EEC) No 1984/70 of 29 September 1970
OJ No L 218/1, 3 October 1970
—Council Regulation (EEC) No 724/71 of 31 March1971
OJ No L 80/3, 5 April 1971
—Council Regulation (EEC) No 1080/71 of 25 May 1971
OJ No L 116/8, 28 May 1971
—Council Regulation (EEC) No 1429/71 of 2 July 1971
OJ No L 151/8, 7 July 1971
—Council Regulation (EEC) No 2384/71 of 8 November 1971
OJ No L 249/1, 10 November 1971
The problem created by the deletion of the reference to Gibraltar in
Annex II is to be solved in sucha way as to ensure th at Gibraltar isin the same position with regard to the Community's import liberaliza-tion system as it was before accession.
VII. SOCIAL POLICY
1.Council Regulation (EEC) No 1408/71 of 14 June 1971
OJ No L 149/2, 5 July 1971
The Regulation is to be amended to the extent that amendments made
to Danishlegislation so require.
2.Council Decision No 70/532/EEC of 14 December 1970
OJ No L 273/25, 17 December 1970
To the extent that changes in the structure of the organizations on the
two sides of industry referred to in this Decision so require, the numberof representatives of these organizations in the Standing Committee onEmployment may have to be changed.
3.Commission Decision No 63/326/EEC of 17 May 1963
OJ No 80/1534, 29 May 1963
as amended by:
—Commission Decision No 64/19/EEC of 19 December 1963
OJ No 2/27, 10 January 1964
—Commission Decision No 70/254/EEC of 15 April 1970
OJ No L 96/37, 30 April 1970
4.Commission Decision No 65/362/EEC of 5 July 1965
OJ No 130/2184, 16 July 1965
5.Commission Decision No 67/745/EEC of 28 November 1967
OJ No 297/13, 7 December 1967
6.Commission Decision No 68/252/EEC of 7 June 1968
OJ No L 132/9, 14 June 1968
7.Commission Decision No 71/122/EEC of 19 February 1971
OJ No L 57/22, 10 March1971
To the extent that developments in the structure of the organizations of
the two sides of industry referred to in the five Decisions listed above1972B0000 — EN — 01.01.1973 — 000.001 — 148
▼B
so require, the number of representatives of the organizations in the
Committees may have to be changed.
VIII. TECHNICAL BARRIERS
1.Council Directive No 71/307/EEC of 26 July 1971
OJ No L 185/16, 16 August 1971
The Danish ►M1 ◄equivalents of the terms in Article
5(1) of this Directive are to be added thereto. The new terms will notbe ‘ny uld’ (in Danish) ►
M1 ◄or any equivalent
expressions.
‘Hibiscus species’ is to be added to Annex I to this Directive.2.Council Directive No 71/316/EEC of 26 July 1971
OJ No L 202/1, 6 September 1971
The letters to be used for the new distinguishing abbreviations UK, IR
►
M1 ◄and DK are to be inserted in the drawings
referred to in point 3.2.1. of Annex II.
3.Council Directive No 71/318/EEC of 26 July 1971
OJ No L 202/21, 6 September 1971
The equivalence of the testing methods in current use in the United
Kingdom to those prescribed in the Directive must be verified beforethe Directive can be modified to introduce these methods into theCommunity.
Point 5.2.4. of Chapter I, B of the Annex may have to be amended to
permit photoelectric reading of the number of revolutions made by themeter drum.1972B0000 — EN — 01.01.1973 — 000.001 — 149