8. PROTOCOL ON THE TREATIES AND ACTS OF ACCESSION OF THE KINGDOM OF
DENMARK, IRELAND AND THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN
IRELAND, OF THE HELLENIC REPUBLIC, OF THE KINGDOM OF SPAIN AND THE PORTUGUESE
REPUBLIC, AND OF THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF FINLAND
AND THE KINGDOM OF SWEDEN
THE HIGH CONTRACTING PARTIES,
RECALLING that the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland
acceded to the European Communities on 1 January 1973; that the Hellenic Republic acceded to the European
Communities on 1 January 1981; that the Kingdom of Spain and the Portuguese Republic acceded to the EuropeanCommunities on 1 January 1986; that the Republic of Austria, the Republic of Finland and the Kingdom of Sweden
acceded to the European Communities and to the European Union established by the Treaty on European Union on
1 January 1995;
CONSIDERING THAT Article IV ‑437(2) of the Constitution provides that the Treaties concerning the accessions
referred to above shall be repealed;
CONSIDERING THAT certain provisions appearing in those Accession Treaties and in the Acts annexed thereto remain
relevant; and that Article IV ‑437(2) of the Constitution provides that such provisions must be set out or referred to in a
Protocol, so that they remain in force and that their legal effects are preserved;
WHEREAS the provisions in question require the technical adjustments necessary to bring them into line with the
Constitution without altering their legal effect,
HAVE AGREED upon the following provisions, which shall be annexed to the Treaty establishing a Constitution for
Europe and the Treaty establishing the European Atomic Energy Community:
TITLE I
COMMON PROVISIONS
Article 1
The rights and obligations resulting from the Accession Treaties referred to in Article IV ‑437(2)(a) to
(d) of the Constitution took effect, under the conditions laid down in those Treaties, on the followingdates:
(a) 1 January 1973, for the Treaty concerning the accession of the Kingdom of Denmark, Ireland and
the United Kingdom of Great Britain and Northern Ireland;
(b) 1 January 1981, for the Treaty concerning the accession of the Hellenic Republic;(c) 1 January 1986, for the Treaty concerning the accession of the Kingdom of Spain and the
Portuguese Republic;16.12.2004 EN Official Journal of the European Union C 310/267
(d) 1 January 1995, for the Treaty concerning the accession of the Republic of Austria, the Republic
of Finland and the Kingdom of Sweden.
Article 2
1. The acceding States referred to in Article 1 shall be required to accede to the following
agreements or conventions concluded before their respective accessions, insofar as such agreements
or conventions are still in force:
(a) agreements or conventions concluded between the other Member States which are based on the
Treaty establishing the European Community, the Treaty establishing the European AtomicEnergy Community or the Treaty on European Union, or which are inseparable from the
attainment of the objectives of those Treaties, or which relate to the functioning of the
Communities or of the Union or which are connected with the activities thereof;
(b) agreements or conventions concluded by the other Member States, acting jointly with the
European Communities, with one or more third States or with an international organisation, and
the agreements which are related to those agreements or conventions. The Union and the other
Member States shall assist the acceding States referred to in Article 1 in this respect.
2. The acceding States referred to in Article 1 shall take appropriate measures, where necessary, to
adjust their position in relation to international organisations, and in relation to those international
agreements to which the Union or the European Atomic Energy Community or other Member States
are also parties, to the rights and obligations arising from their accession.
Article 3
Provisions of the Acts of Accession, as interpreted by the Court of Justice of the European
Communities and the Court of First Instance, the purpose or effect of which is to repeal or amend,otherwise than as a transitional measure, acts adopted by the institutions, bodies, offices or agencies
of the European Communities or of the European Union established by the Treaty on European
Union shall remain in force subject to the second paragraph.
The provisions referred to in the first paragraph shall have the same status in law as the acts which
they repeal or amend and shall be subject to the same rules as those acts.
Article 4
The texts of the acts of the institutions, bodies, offices and agencies of the European Communities or
of the European Union established by the Treaty on European Union which were adopted before the
accessions referred to in Article 1 and which were subsequently drawn up successively in the English
and Danish languages, in the Greek language, in the Spanish and Portuguese languages, and in the
Finnish and Swedish languages, shall be authentic from the date of the respective accessions referred
to in Article 1, under the same conditions as the texts drawn up and authentic in the other languages.C 310/268 EN Official Journal of the European Union 16.12.2004
Article 5
A European law of the Council may repeal the transitional provisions set out in this Protocol, when
they are no longer applicable. The Council shall act unanimously after consulting the European
Parliament.
TITLE II
PROVISIONS TAKEN FROM THE ACT CONCERNING THE CONDITIONS OF ACCESSION OF THE
KINGDOM OF DENMARK, IRELAND AND THE UNITED KINGDOM OF GREAT BRITAIN
AND NORTHERN IRELAND
SECTION 1
Provisions on Gibraltar
Article 6
1. Acts of the institutions relating to the products in Annex I to the Constitution and the products
subject, on importation into the Union, to specific rules as a result of the implementation of thecommon agricultural policy, as well as the acts on the harmonisation of legislation of Member States
concerning turnover taxes, shall not apply to Gibraltar unless the Council adopts a European decision
which provides otherwise. The Council shall act unanimously on a proposal from the Commission.
2. The situation of Gibraltar defined in point VI of Annex II (
1) to the Act concerning the
conditions of accession of the Kingdom of Denmark, Ireland and the United Kingdom of
Great Britain and Northern Ireland shall be maintained.
SECTION 2
Provisions on the Faroe Islands
Article 7
Danish nationals resident in the Faroe Islands shall be considered to be nationals of a Member State
within the meaning of the Constitution only from the date on which the Constitution becomes
applicable to those islands.16.12.2004 EN Official Journal of the European Union C 310/269
(1) OJ L 73, 27.3.1972, p. 47.
SECTION 3
Provisions on the Channel Islands and the Isle of Man
Article 8
1. The Union rules on customs matters and quantitative restrictions, in particular customs duties,
charges having equivalent effect and the Common Customs Tariff, shall apply to the Channel Islands
and the Isle of Man under the same conditions as they apply to the United Kingdom.
2. In respect of agricultural products and products processed therefrom which are the subject of a
special trade regime, the levies and other import measures laid down in Union rules and applicable by
the United Kingdom shall be applied to third countries.
Such provisions of Union rules as are necessary to allow free movement and observance of normal
conditions of competition in trade in these products shall also be applicable.
The Council, on a proposal from the Commission, shall adopt the European regulations or decisions
establishing the conditions under which the provisions referred to in the first and second
subparagraphs shall be applicable to these territories.
Article 9
The rights enjoyed by Channel Islanders or Manxmen in the United Kingdom shall not be affected by
Union law. However, such persons shall not benefit from provisions of Union law relating to the free
movement of persons and services.
Article 10
The provisions of the Treaty establishing the European Atomic Energy Community applicable to
persons or undertakings within the meaning of Article 196 of that Treaty shall apply to those persons
or undertakings when they are established in the territories referred to in Article 8 of this Protocol.
Article 11
The authorities of the territories referred to in Article 8 shall apply the same treatment to all natural
and legal persons of the Union.
Article 12
If, during the application of the arrangements defined in this Section, difficulties appear on either side
in relations between the Union and the territories referred to in Article 8, the Commission shallwithout delay propose to the Council such safeguard measures as it believes necessary, specifying
their terms and conditions of application.
The Council shall adopt the appropriate European regulations or decisions within one month.C 310/270 EN Official Journal of the European Union 16.12.2004
Article 13
In this Section, Channel Islander or Manxman shall mean any British citizen who holds that
citizenship by virtue of the fact that he, a parent or grandparent was born, adopted, naturalised or
registered in the island in question; but such a person shall not for this purpose be regarded as a
Channel Islander or Manxman if he, a parent or a grandparent was born, adopted, naturalised or
registered in the United Kingdom. Nor shall he be so regarded if he has at any time been ordinarily
resident in the United Kingdom for five years.
The administrative arrangements necessary to identify these persons will be notified to the
Commission.
SECTION 4
Provisions on the implementation of the policy of industrialisation
and economic development in Ireland
Article 14
The Member States take note of the fact that the Government of Ireland has embarked upon the
implementation of a policy of industrialisation and economic development designed to align the
standards of living in Ireland with those of the other Member States and to eliminate
underemployment while progressively evening out regional differences in levels of development.
They recognise it to be in their common interest that the objectives of this policy be so attained and
agree to recommend to this end that the institutions implement all the means and procedures laid
down by the Constitution, particularly by making adequate use of the Union resources intended for
the realisation of its objectives.
The Member States recognise in particular that, in the application of Articles III ‑167 and III ‑168 of
the Constitution, it will be necessary to take into account the objectives of economic expansion and
the raising of the standard of living of the population.
SECTION 5
Provisions on the exchange of information with Denmark in the field
of nuclear energy
Article 15
1. From 1 January 1973, such information as has been communicated to Member States, persons
and undertakings, in accordance with Article 13 of the Treaty establishing the European Atomic
Energy Community, shall be placed at the disposal of Denmark, which shall give it limited
distribution within its territory under the conditions laid down in that Article.16.12.2004 EN Official Journal of the European Union C 310/271
2. From 1 January 1973, Denmark shall place at the disposal of the European Atomic Energy
Community an equivalent volume of information in the sectors specified in paragraph 3. This
information shall be set forth in detail in a document transmitted to the Commission. The
Commission shall communicate this information to Community undertakings under the conditions
laid down in Article 13 of the Treaty establishing the European Atomic Energy Community.
3. The sectors in which Denmark shall make information available to the European Atomic Energy
Community are as follows:
(a) DOR heavy water moderated organic cooled reactor;
(b) DT ‑350, DK ‑400 heavy water pressure vessel reactors;
(c) high temperature gas loop;(d) instrumentation systems and special electronic equipment;(e) reliability;
(f) reactor physics, reactor dynamics and heat exchange;
(g) in ‑pile testing of materials and equipment.
4. Denmark shall undertake to supply the European Atomic Energy Community with any
information complementary to the reports which it shall communicate, in particular during visits by
European Atomic Energy Community personnel or personnel from the Member States to the
Risö Centre, under conditions to be determined by mutual agreement in each case.
Article 16
1. In those sectors in which Denmark places information at the disposal of the European Atomic
Energy Community, the competent authorities shall grant upon request licences on commercialterms to Member States, persons and undertakings of the Community where they possess exclusive
rights to patents filed in Member States and insofar as they have no obligation or commitment in
respect of third parties to grant or offer to grant an exclusive or partially exclusive licence to the
rights in these patents.
2. Where an exclusive or partially exclusive licence has been granted, Denmark shall encourage and
facilitate the granting of sublicences on commercial terms to Member States, persons and
undertakings of the Community by the holders of such licences.
Such exclusive or partially exclusive licences shall be granted on a normal commercial basis.C 310/272 EN Official Journal of the European Union 16.12.2004
SECTION 6
Provisions on the exchange of information with Ireland in the field of nuclear energy
Article 17
1. From 1 January 1973, such information as has been communicated to Member States, persons
and undertakings, in accordance with Article 13 of the Treaty establishing the European Atomic
Energy Community, shall be placed at the disposal of Ireland, which shall give it limited distribution
within its territory under the conditions laid down in that Article.
2. From 1 January 1973, Ireland shall place at the disposal of the European Atomic Energy
Community information obtained in the nuclear field in Ireland, which is given limited distribution,
insofar as strictly commercial applications are not involved. The Commission shall communicate this
information to Community undertakings under the conditions laid down in Article 13 of the Treatyestablishing the European Atomic Energy Community.
3. The information referred to in paragraphs 1 and 2 shall mainly concern studies for the
development of a power reactor and work on radioisotopes and their application in medicine,
including the problems of radiation protection.
Article 18
1. In those sectors in which Ireland places information at the disposal of the European Atomic
Energy Community, the competent authorities shall grant upon request licences on commercialterms to Member States, persons and undertakings of the Community where they possess exclusive
rights to patents filed in Member States and insofar as they have no obligation or commitment in
respect of third parties to grant or offer to grant an exclusive or partially exclusive licence to the
rights in these patents.
2. Where an exclusive or partially exclusive licence has been granted, Ireland shall encourage and
facilitate the granting of sublicences on commercial terms to Member States, persons and
undertakings of the Community by the holders of such licences.
Such exclusive or partially exclusive licences shall be granted on a normal commercial basis.
SECTION 7
Provisions on the exchange of information with the United Kingdom in the field
of nuclear energy
Article 19
1. From 1 January 1973, such information as has been communicated to Member States, persons
and undertakings, in accordance with Article 13 of the Treaty establishing the European Atomic16.12.2004 EN Official Journal of the European Union C 310/273
Energy Community, shall be placed at the disposal of the United Kingdom, which shall give it limited
distribution within its territory under the conditions laid down in that Article.
2. From 1 January 1973, the United Kingdom shall place at the disposal of the European Atomic
Energy Community an equivalent volume of information in the sectors set out in the list contained in
the Annex (1) to Protocol No 28 to the Act concerning the conditions of accession of the Kingdom
of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland. This
information shall be set forth in detail in a document transmitted to the Commission. The
Commission shall communicate this information to Community undertakings under the conditions
laid down in Article 13 of the Treaty establishing the European Atomic Energy Community.
3. In view of the European Atomic Energy Community's greater interest in certain sectors, the
United Kingdom shall lay special emphasis on the transmission of information in the following
sectors:
(a) fast reactor research and development (including safety);
(b) fundamental research (applicable to reactor types);
(c) reactor safety (other than fast reactors);(d) metallurgy, steel, zirconium alloys and concrete;
(e) compatibility of structural materials;
(f) experimental fuel fabrication;(g) thermohydrodynamics;
(h) instrumentation.
Article 20
1. In those fields in which the United Kingdom places information at the disposal of the European
Atomic Energy Community, the competent authorities shall grant upon request licences oncommercial terms to Member States, persons and undertakings of the Community where they
possess exclusive rights to patents filed in the Member States of the Community and insofar as they
have no obligation or commitment in respect of third parties to grant or offer to grant an exclusive
or partially exclusive licence to the rights in these patents.C 310/274 EN Official Journal of the European Union 16.12.2004
(1) OJ L 73, 27.3.1972, p. 84.
2. Where an exclusive or partially exclusive licence has been granted, the United Kingdom shall
encourage and facilitate the granting of sublicences on commercial terms to the Member States,
persons and undertakings of the Community by the holders of such licences.
Such exclusive or partially exclusive licences shall be granted on a normal commercial basis.
TITLE III
PROVISIONS TAKEN FROM THE ACT CONCERNING THE CONDITIONS
OF ACCESSION OF THE HELLENIC REPUBLIC
SECTION 1
Provisions on the granting by Greece of exemption from customs duties
on the import of certain goods
Article 21
Article III ‑151 of the Constitution shall not prevent the Hellenic Republic from maintaining measures
of exemption granted before 1 January 1979 pursuant to:
(a) Law No 4171/61 (General measures to aid development of the country's economy),(b) Decree Law No 2687/53 (Investment and protection of foreign capital),
(c) Law No 289/76 (Incentives with a view to promoting the development of frontier regions and
governing all pertinent questions),
until the expiry of the agreements concluded by the Hellenic Government with those persons
benefiting from these measures.
SECTION 2
Provisions on taxation
Article 22
The acts listed in point II.2 of Annex VIII (1) to the Act concerning the conditions of accession of the
Hellenic Republic shall apply in respect of the Hellenic Republic under the conditions laid down in
that Annex, with the exception of the references to points 9 and 18(b) thereof.16.12.2004 EN Official Journal of the European Union C 310/275
(1) OJ L 291, 19.11.1979, p. 163.
SECTION 3
Provisions on cotton
Article 23
1. This Section concerns cotton, not carded or combed, falling within subheading 5201 00 of the
Combined Nomenclature.
2. A system shall be introduced in the Union particularly to:
(a) support the production of cotton in regions of the Union where it is important for the
agricultural economy,
(b) permit the producers concerned to earn a fair income,
(c) stabilise the market by structural improvements at the level of supply and marketing.
3. The system referred to in paragraph 2 shall include the grant of an aid to production.4. In order to allow cotton producers to concentrate supply and to adapt production to market
requirements, a system shall be introduced to encourage the formation of producer groups and
federations of such groups.
This system shall provide for the grant of aids with a view to providing incentives for the formation
and facilitating the functioning of producer groups.
The only groups that may benefit from this system must:
(a) be formed on the initiative of the producers themselves,
(b) offer a sufficient guarantee for the duration and effectiveness of their action,(c) be recognised by the Member State concerned.
5. The Union trading system with third countries shall not be affected. In this respect, in particular,
no measure restricting imports may be laid down.
6. A European law of the Council shall establish the adjustments necessary to the system
introduced pursuant to this Section.
The Council, on a proposal from the Commission, shall adopt the European regulations and
decisions establishing the general rules necessary for implementing the provisions of this Section.
The Council shall act after consulting the European Parliament.C 310/276 EN Official Journal of the European Union 16.12.2004
SECTION 4
Provisions on the economic and industrial development of Greece
Article 24
The Member States take note of the fact that the Hellenic Government has embarked upon the
implementation of a policy of industrialisation and economic development designed to align the
standards of living in Greece with those of the other Member States and to eliminateunderemployment while progressively evening out regional differences in levels of development.
They recognise it to be in their common interest that the objectives of this policy be so attained.
To this end, the institutions shall implement all the means and procedures laid down by the
Constitution, particularly by making adequate use of the Union resources intended for the realisation
of its objectives.
In particular, in the application of Articles III ‑167 and III ‑168 of the Constitution, it will be necessary
to take into account the objectives of economic expansion and the raising of the standard of living of
the population.
SECTION 5
Provisions on the exchange of information with Greece in the field of nuclear energy
Article 25
1. From 1 January 1981, such information as has been communicated to Member States, persons
and undertakings, in accordance with Article 13 of the Treaty establishing the European Atomic
Energy Community, shall be placed at the disposal of the Hellenic Republic, which shall give it limiteddistribution within its territory under the conditions laid down in that Article.
2. From 1 January 1981, the Hellenic Republic shall place at the disposal of the European Atomic
Energy Community information obtained in the nuclear field in Greece which is given limited
distribution, insofar as strictly commercial applications are not involved. The Commission shall
communicate this information to Community undertakings under the conditions laid down inArticle 13 of the Treaty establishing the European Atomic Energy Community.
3. The information referred to in paragraphs 1 and 2 shall mainly concern:
(a) studies on the application of radioisotopes in the following fields: medicine, agriculture,
entomology and environmental protection,
(b) the application of nuclear technology to archeometry,
(c) the development of electronic medical apparatus,(d) the development of methods of radioactive ore prospecting.16.12.2004 EN Official Journal of the European Union C 310/277
Article 26
1. In those sectors in which the Hellenic Republic places information at the disposal of the
European Atomic Energy Community, the competent authorities shall grant upon request licences on
commercial terms to Member States, persons and undertakings of the Community where theypossess exclusive rights to patents filed in Member States of the Community and insofar as they have
no obligation or commitment in respect of third parties to grant or offer to grant an exclusive or
partially exclusive licence to the rights in these patents.
2. Where an exclusive or partially exclusive licence has been granted, the Hellenic Republic shall
encourage and facilitate the granting of sublicences on commercial terms to Member States, persons
and undertakings of the European Atomic Energy Community by the holders of such licences.
Such exclusive or partially exclusive licences shall be granted on a normal commercial basis.
TITLE IV
PROVISIONS TAKEN FROM THE ACT CONCERNING THE CONDITIONS OF ACCESSION
OF THE KINGDOM OF SPAIN AND THE PORTUGUESE REPUBLIC
SECTION 1
Financial provisions
Article 27
The own resources accruing from value added tax shall be calculated and checked as if the Canary
Islands and Ceuta and Melilla were included in the territorial field of application of Sixth Council
Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States
relating to turnover taxes —Common system of value added tax: uniform basis of assessment.
SECTION 2
Provisions on patents
Article 28
The provisions of Spanish national law relating to the burden of proof, which were adopted under
paragraph 2 of Protocol No 8 to the Act concerning the conditions of accession of the Kingdom of
Spain and the Portuguese Republic, shall not apply if the infringement proceedings are brought
against the holder of another process patent for the manufacture of a product identical to thatC 310/278 EN Official Journal of the European Union 16.12.2004
obtained as the result of the patented process of the plaintiff, if that other patent was issued before
1 January 1986.
In cases where shifting the burden of proof does not apply, the Kingdom of Spain shall continue to
require the patent holder to adduce proof of infringement. In all these cases the Kingdom of Spain
shall apply a judicial procedure known as ‘distraint ‑description ’.
‘Distraint ‑description ’means a procedure forming part of the system referred to in the first and
second paragraphs by which any person entitled to bring an action for infringement may, after
obtaining a court order, granted on his application, cause a detailed description to be made, at thepremises of the alleged infringer, by a bailiff assisted by experts, of the processes in question, in
particular by photocopying technical documents, with or without actual distraint. This court order
may order the payment of a security, intended to grant damages to the alleged infringer in case of
injury caused by the ‘distraint ‑description ’.
Article 29
The provisions of Portuguese national law relating to the burden of proof, which were adopted under
paragraph 2 of Protocol No 19 to the Act concerning the conditions of accession of the Kingdom of
Spain and the Portuguese Republic, shall not apply if the infringement proceedings are brought
against the holder of another process patent for the manufacture of a product identical to that
obtained as the result of the patented process of the plaintiff, if that other patent was issued before1 January 1986.
In cases where shifting the burden of proof does not apply, the Portuguese Republic shall continue to
require the patent holder to adduce proof of infringement. In all these cases, the Portuguese Republic
shall apply a judicial procedure known as ‘distraint ‑description ’.
‘Distraint ‑description ’means a procedure forming part of the system referred to in the first and
second paragraphs by which any person entitled to bring an action for infringement may, after
obtaining a court order, granted on his application, cause a detailed description to be made, at thepremises of the alleged infringer, by a bailiff assisted by experts, of the processes in question, in
particular by photocopying technical documents, with or without actual distraint. This court order
may order the payment of a security, intended to grant damages to the alleged infringer in case of
injury caused by the ‘distraint ‑description ’.
SECTION 3
Provisions on the mechanism for additional responsibilities within the framework
of fisheries agreements concluded by the Union with third countries
Article 30
1. A specific system is hereby established for the execution of operations carried out as a
complement to fishing activities undertaken by vessels flying the flag of a Member State in waters
falling under the sovereignty or within the jurisdiction of a third country within the framework of
responsibilities created under fisheries agreements concluded by the Union with the third countries in
question.16.12.2004 EN Official Journal of the European Union C 310/279
2. Operations considered likely to occur by way of addition to fishing activities subject to the
conditions and within the limits referred to in paragraphs 3 and 4 relate to:
(a) the processing, in the territory of the third country concerned, of fishery products caught by
vessels flying the flag of a Member State in the waters of that third country in the course offishing activities carried out by virtue of a fisheries agreement, with a view to those products
being put on the Union market under tariff headings falling within Chapter 3 of the Common
Customs Tariff,
(b) the loading or transhipment aboard a vessel flying the flag of a Member State occurring within
the framework of activities provided for under such a fisheries agreement, of fishery products
falling within Chapter 3 of the Common Customs Tariff with a view to their transport and any
processing for the purpose of being put on the Union market.
3. The import into the Union of products having been the subject of the operations referred to in
paragraph 2 shall be carried out subject to suspension, in part or in whole, of the Common Customs
Tariff duties or subject to a special system of charges, under the conditions and within the limits of
additionality fixed annually in relation to the volume of fishing possibilities deriving from theagreements in question and from their accompanying detailed rules.
4. European laws or framework laws shall lay down the general rules of application of this system
and in particular the criteria for fixing and apportioning the quantities concerned.
The detailed implementing rules of this system and the quantities concerned shall be adopted in
accordance with the procedure laid down in Article 37 of Regulation (EC) No 104/2000.
SECTION 4
Provisions on Ceuta and Melilla
Subsection 1
General provisions
Article 31
1. The Constitution and the acts of the institutions shall apply to Ceuta and to Melilla, subject to the
derogations referred to in paragraphs 2 and 3 and to the other provisions of this Section.
2. The conditions under which the provisions of the Constitution concerning the free movement of
goods, and the acts of the institutions concerning customs legislation and commercial policy, shall
apply to Ceuta and to Melilla are set out in Subsection 3 of this Section.
3. Without prejudice to the specific provisions of Article 32, the acts of the institutions concerning
the common agricultural policy and the common fisheries policy shall not apply to Ceuta or to
Melilla.C 310/280 EN Official Journal of the European Union 16.12.2004
4. At the request of the Kingdom of Spain, a European law or framework law of the Council may:
(a) include Ceuta and Melilla in the customs territory of the Union;
(b) define the appropriate measures aimed at extending to Ceuta and to Melilla the provisions of
Union law in force.
On a proposal from the Commission acting on its own initiative or at the request of a Member State,
the Council may adopt a European law or framework law adjusting the arrangements applicable to
Ceuta and to Melilla if necessary.
The Council shall act unanimously after consulting the European Parliament.
Subsection 2
Provisions relating to the Common Fisheries Policy
Article 32
1. Subject to paragraph 2 and without prejudice to Subsection 3, the common fisheries policy shall
not apply to Ceuta or to Melilla.
2. The Council, on a proposal from the Commission, shall adopt the European laws, framework
laws, regulations or decisions which:
(a) determine the structural measures which may be adopted in favour of Ceuta and Melilla;
(b) determine the procedures appropriate to take into consideration all or part of the interests of
Ceuta and Melilla when it adopts acts, case by case, with a view to the negotiations by the Union
aimed at the resumption or conclusion of fisheries agreements with third countries and to the
specific interests of Ceuta and Melilla within international conventions concerning fisheries, to
which the Union is a contracting party.
3. The Council, on a proposal from the Commission, shall adopt the European laws, framework
laws, regulations or decisions which determine, where appropriate, the possibilities and conditions of
mutual access to respective fishing zones and to the resources thereof. It shall act unanimously.
4. The European laws and framework laws referred to in paragraphs 2 and 3 shall be adopted after
consultation of the European Parliament.
Subsection 3
Provisions on free movement of goods, customs legislation and commercial policy
Article 33
1. Products originating in Ceuta or in Melilla and products coming from third countries imported
into Ceuta or into Melilla under the arrangements which are applicable there to them shall not be16.12.2004 EN Official Journal of the European Union C 310/281
deemed, when released for free circulation in the customs territory of the Union, to be goods
fulfilling the conditions of paragraphs 1 to 3 of Article III ‑151 of the Constitution.
2. The customs territory of the Union shall not include Ceuta and Melilla.3. Except where otherwise provided for in this Subsection, the acts of the institutions regarding
customs legislation for foreign trade shall apply under the same conditions to trade between the
customs territory of the Union, on the one hand, and Ceuta and Melilla, on the other.
4. Except where otherwise provided for in this Subsection, the acts of the institutions regarding the
common commercial policy, be they autonomous or enacted by agreement, directly linked to the
import or export of goods, shall not be applicable to Ceuta or to Melilla.
5. Except where otherwise provided for in this Title, the Union shall apply in its trade with Ceuta
and Melilla, for products falling within Annex I to the Constitution, the general arrangements whichit applies in its foreign trade.
Article 34
Subject to Article 35, customs duties on the import into the customs territory of the Union of
products originating in Ceuta or in Melilla shall be abolished.
Article 35
1. Fishery products falling within headings 0301, 0302, 0303, 1604, 1605 and subheadings
0511 91 and 2301 20 of the Common Customs Tariff and originating in Ceuta or in Melilla, shall,
within the limit of tariff quotas calculated by product and on the average quantities actually disposed
of during 1982, 1983 and 1984, qualify for exemption from customs duties throughout the customs
territory of the Union.
The release for free circulation of products imported into the customs territory of the Union, under
these tariff quotas, shall be subject to compliance with the rules laid down by the common
organisation of markets and in particular with respect to reference prices.
2. The Council, on a proposal from the Commission, shall each year adopt European regulations or
decisions opening and allocating tariff quotas in accordance with the detailed rules laid down inparagraph 1.
Article 36
1. Where application of Article 34 could lead to a substantial increase in the import of certain
products originating in Ceuta or in Melilla such as might prejudice Union producers, the Council, on
a proposal from the Commission, may adopt European regulations or decisions to subject the accessof these products to the customs territory of the Union to special conditions.
2. Where, because the common commercial policy and the Common Customs Tariff are not
applied to the import of raw materials or intermediate products into Ceuta or into Melilla, imports of
a product originating in Ceuta or in Melilla cause, or may cause, serious injury to a producer activityC 310/282 EN Official Journal of the European Union 16.12.2004
exercised in one or more Member States, the Commission, at the request of a Member State or on its
own initiative, may take the appropriate measures.
Article 37
The customs duties on import into Ceuta and into Melilla of products originating in the customs
territory of the Union, and charges having equivalent effect, shall be abolished.
Article 38
The customs duties and charges having an effect equivalent to such duties and the trade arrangements
applied on the import into Ceuta and into Melilla of goods coming from a third country may not be
less favourable than those applicable by the Union in accordance with its international commitments
or its preferential arrangements with regard to such third country, providing that the samethird country grants, to imports from Ceuta and from Melilla, the same treatment as that which it
grants to the Union. However, the arrangements applied to imports into Ceuta and into Melilla with
regard to goods coming from such third country may not be more favourable than those applied
with regard to the imports of products originating in the customs territory of the Union.
Article 39
The Council, on a proposal from the Commission, shall adopt European regulations or decisions
laying down the rules for the application of this Subsection and in particular the rules of origin
applicable to trade, as referred to in Articles 34, 35 and 37, including the provisions concerning the
identification of originating products and the control of origin.
The rules will include, in particular, provisions on marking and/or labelling of products, on the
conditions of registration of vessels, on the application of the rule on mixed origin for fishery
products, and also provisions enabling the origin of products to be determined.
SECTION 5
Provisions on the regional development of Spain
Article 40
The Member States take note of the fact that the Spanish Government has embarked upon the
implementation of a policy of regional development designed in particular to stimulate economic
growth in the less ‑developed regions and areas of Spain.
They recognise it to be in their common interest that the objectives of this policy be attained.
They agree, in order to help the Spanish Government to accomplish this task, to recommend that the
institutions use all the means and procedures laid down by the Constitution, particularly by making
adequate use of the Union resources intended for the realisation of its objectives.16.12.2004 EN Official Journal of the European Union C 310/283
The Member States recognise in particular that, in the application of Articles III ‑167 and III ‑168 of
the Constitution, it will be necessary to take into account the objectives of economic expansion and
the raising of the standard of living of the population of the less ‑developed regions and areas of
Spain.
SECTION 6
Provisions on the economic and industrial development of Portugal
Article 41
The Member States take note of the fact that the Portuguese Government has embarked upon the
implementation of a policy of industrialisation and economic development designed to align the
standard of living in Portugal with that of the other Member States and to eliminate
underemployment while progressively evening out regional differences in levels of development.
They recognise it to be in their common interest that the objectives of this policy be attained.They agree to recommend to this end that the institutions use all the means and procedures laid
down by the Constitution, particularly by making adequate use of the Union resources intended for
the realisation of its objectives.
The Member States recognise in particular that, in the application of Articles III-167 and III-168 of
the Constitution, it will be necessary to take into account the objectives of economic expansion andthe raising of the standard of living of the population.
SECTION 7
Provisions on the exchange of information with the Kingdom of Spain
in the field of nuclear energy
Article 42
1. From 1 January 1986, such information as has been communicated to Member States, persons
and undertakings, in accordance with Article 13 of the Treaty establishing the European Atomic
Energy Community, shall be placed at the disposal of the Kingdom of Spain, which shall give it
limited distribution within its territory under the conditions laid down in that Article.
2. From 1 January 1986, the Kingdom of Spain shall place at the disposal of the European Atomic
Energy Community information obtained in the nuclear field in Spain which is given limited
distribution, insofar as strictly commercial applications are not involved. The Commission shall
communicate this information to Community undertakings under the conditions laid down in
Article 13 of the Treaty establishing the European Atomic Energy Community.
3. The information referred to in paragraphs 1 and 2 shall mainly concern:(a) nuclear physics (low- and high-energy);(b) radiation protection;C 310/284 EN Official Journal of the European Union 16.12.2004
(c) isotope applications, in particular those of stable isotopes;
(d) research reactors and relevant fuels;
(e) research into the field of the fuel cycle (more especially the mining and processing of low ‑grade
uranium ore; optimisation of fuel elements for power reactors).
Article 43
1. In those sectors in which the Kingdom of Spain places information at the disposal of the
European Atomic Energy Community, the competent authorities shall grant upon request licences on
commercial terms to Member States, persons and undertakings of the Community where they
possess exclusive rights to patents filed in Member States and insofar as they have no obligation or
commitment in respect of third parties to grant or offer to grant an exclusive or partially exclusive
licence to the rights in these patents.
2. Where an exclusive or partially exclusive licence has been granted, the Kingdom of Spain shall
encourage and facilitate the granting of sublicences on commercial terms to Member States, personsand undertakings of the Community by the holders of such licences.
Such exclusive or partially exclusive licences shall be granted on a normal commercial basis.
SECTION 8
Provisions on the exchange of information with the Portuguese Republic in the field
of nuclear energy
Article 44
1. From 1 January 1986, such information as has been communicated to Member States, persons
and undertakings, in accordance with Article 13 of the Treaty establishing the European AtomicEnergy Community, shall be placed at the disposal of the Portuguese Republic, which shall give it
limited distribution within its territory under the conditions laid down in that Article.
2. From 1 January 1986, the Portuguese Republic shall place at the disposal of the European
Atomic Energy Community information obtained in the nuclear field in Portugal which is given
limited distribution, insofar as strictly commercial applications are not involved. The Commission
shall communicate this information to Community undertakings under the conditions laid down in
Article 13 of the Treaty establishing the European Atomic Energy Community.
3. The information referred to in paragraphs 1 and 2 shall mainly concern:
(a) reactor dynamics;
(b) radiation protection;16.12.2004 EN Official Journal of the European Union C 310/285
(c) application of nuclear measuring techniques (in the industrial, agricultural, archaeological and
geological fields);
(d) atomic physics (effective measuring of cross sections, pipeline techniques);(e) extractive metallurgy of uranium.
Article 45
1. In those sectors in which the Portuguese Republic places information at the disposal of the
European Atomic Energy Community, the competent authorities shall grant upon request licences on
commercial terms to Member States, persons and undertakings of the Community where theypossess exclusive rights to patents filed in Member States and insofar as they have no obligation or
commitment in respect of third parties to grant or offer to grant an exclusive or partially exclusive
licence to the rights in these patents.
2. Where an exclusive or partially exclusive licence has been granted, the Portuguese Republic shall
encourage and facilitate the granting of sublicences on commercial terms to Member States, persons
and undertakings of the Community by the holders of such licences.
Such exclusive or partially exclusive licences shall be granted on a normal commercial basis.
TITLE V
PROVISIONS TAKEN FROM THE ACT CONCERNING THE CONDITIONS OF ACCESSION OF THE
REPUBLIC OF AUSTRIA, THE REPUBLIC OF FINLAND AND THE KINGDOM OF SWEDEN
SECTION 1
Financial provisions
Article 46
Own resources accruing from value added tax shall be calculated and checked as though
the Åland Islands were included in the territorial scope of Sixth Council Directive 77/388/EEC of
17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes —
Common system of value added tax: uniform basis of assessment.C 310/286 EN Official Journal of the European Union 16.12.2004
SECTION 2
Provisions on agriculture
Article 47
Where there are serious difficulties resulting from accession which remain after full utilisation of
Article 48 and of the other measures resulting from the rules existing in the Union, the Commission
may adopt a European decision authorising Finland to grant national aids to producers so as to
facilitate their full integration into the common agricultural policy.
Article 48
1. The Commission shall adopt European decisions authorising Finland and Sweden to grant
long ‑term national aids with a view to ensuring that agricultural activity is maintained in specific
regions. These regions should cover the agricultural areas situated to the north of the 62nd Parallel
and some adjacent areas south of that parallel affected by comparable climatic conditions rendering
agricultural activity particularly difficult.
2. The regions referred to in paragraph 1 shall be determined by the Commission, taking into
consideration in particular:
(a) the low population density;(b) the portion of agricultural land in the overall surface area;
(c) the portion of agricultural land devoted to arable crops intended for human consumption, in the
agricultural surface area used.
3. The national aids provided for in paragraph 1 may be related to physical factors of production,
such as hectares of agricultural land or heads of animal taking account of the relevant limits laiddown in the common organisations of the market, as well as the historical production patterns of
each farm, but must not:
(a) be linked to future production;
(b) or lead to an increase in production or in the level of overall support recorded during a reference
period preceding 1 January 1995, to be determined by the Commission.
These aids may be differentiated by region.
These aids must be granted in particular in order to:(a) maintain traditional primary production and processing naturally suited to the climatic
conditions of the regions concerned;
(b) improve the structures for the production, marketing and processing of agricultural products;16.12.2004 EN Official Journal of the European Union C 310/287
(c) facilitate the disposal of the said products;
(d) ensure that the environment is protected and the countryside preserved.
Article 49
1. The aids provided for in Articles 47 and 48 and any other national aid subject to Commission
authorisation under this Title shall be notified to the Commission. They may not be applied until
such authorisation has been given.
2. As regards the aids provided for in Article 48, the Commission shall submit to the Council every
five years as from 1 January 1996 a report on:
(a) the authorisations granted;
(b) the results of the aid granted under such authorisations.In preparation for drawing up such reports, Member States in receipt of such authorisations shall
supply the Commission in good time with information on the effects of the aids granted, illustrating
the development noted in the agricultural economy of the regions in question.
Article 50
In the field of the aids provided for in Articles III ‑167 and III ‑168 of the Constitution:
(a) among the aids applied in Austria, Finland and Sweden prior to 1 January 1995, only those
notified to the Commission by 30 April 1995 will be deemed to be existing aids within the
meaning of Article III ‑168(1) of the Constitution;
(b) existing aids and plans intended to grant or alter aids which were notified to the Commission
prior to 1 January 1995 shall be deemed to have been notified on that date.
Article 51
1. Unless otherwise stipulated in specific cases, the Council, on a proposal from the Commission,
shall adopt the necessary European regulations or decisions to implement this Section.
2. A European law of the Council may make the adaptations to the provisions appearing in this
Section which may prove necessary as a result of a modification in Union law. The Council shall act
unanimously after consulting the European Parliament.
Article 52
1. If transitional measures are necessary to facilitate the transition from the existing regime in
Austria, Finland and Sweden to that resulting from application of the common organisation of the
markets under the conditions set out in the Act concerning the conditions of accession of the
Republic of Austria, the Republic of Finland and the Kingdom of Sweden, such measures shall be
adopted in accordance with the procedure laid down in Article 38 of Regulation No 136/66/EEC or,
as appropriate, in the corresponding Articles of the other Regulations on the common organisationC 310/288 EN Official Journal of the European Union 16.12.2004
of agricultural markets. These measures may be taken during a period expiring on 31 December 1997
and their application shall be limited to that date.
2. A European law of the Council may extend the period referred to in paragraph 1. The Council
shall act unanimously after consulting the European Parliament.
Article 53
Articles 51 and 52 shall be applicable to fishery products.
SECTION 3
Provisions on transitional measures
Article 54
The Acts listed in points VII.B.I, VII.D.1, VII.D.2.c, IX.2.b, c, f, g, h, i, j, l, m, n, x, y, z and aa, and X.a, b
and c of Annex XV (1) to the Act concerning the conditions of accession of the Republic of Austria,
the Republic of Finland and the Kingdom of Sweden shall apply in respect of Austria, Finland and
Sweden under the conditions laid down in that Annex.
With regard to point IX.2.x of Annex XV referred to in the first paragraph, the reference to the
provisions of the Treaty establishing the European Community, in particular to Articles 90 and 91
thereof, must be understood as referring to the provisions of the Constitution, in particular to
Article III ‑170(1) and (2) thereof.
SECTION 4
Provisions on the applicability of certain acts
Article 55
1. Any individual exemption decisions taken and negative clearance decisions taken before
1 January 1995 under Article 53 of the Agreement on the European Economic Area (EEA) or
Article 1 of Protocol 25 to that Agreement, whether by the Surveillance Authority of the European
Free Trade Association (EFTA) or the Commission, and which concern cases which fall under
Article 81 of the Treaty establishing the European Community as a result of accession shall remainvalid for the purposes of Article III ‑161 of the Constitution until the time limit specified therein
expires or until the Commission adopts a duly motivated European decision to the contrary, in
accordance with Union law.
2. All decisions taken by the EFTA Surveillance Authority before 1 January 1995 pursuant to
Article 61 of the EEA Agreement and which fall under Article 87 of the Treaty establishing the
European Community as a result of accession shall remain valid with respect to Article III ‑167 of the
Constitution unless the Commission adopts a European decision to the contrary pursuant to16.12.2004 EN Official Journal of the European Union C 310/289
(1) OJ C 241, 29.8.1994, p. 322.
Article III ‑168 of the Constitution. This paragraph shall not apply to decisions subject to the
proceedings provided for in Article 64 of the EEA Agreement.
3. Without prejudice to paragraphs 1 and 2, the decisions taken by the EFTA Surveillance Authority
remain valid after 1 January 1995 unless the Commission takes a duly motivated decision to the
contrary in accordance with Union law.
SECTION 5
Provisions on the Åland Islands
Article 56
The provisions of the Constitution shall not preclude the application of the existing provisions in
force on 1 January 1994 on the Åland islands on:
(a) restrictions, on a non-discriminatory basis, on the right of natural persons who do not enjoy
hembygdsrätt/kotiseutuoikeus (regional citizenship) in Åland, and for legal persons, to acquire
and hold real property on the Åland islands without permission by the competent authorities of
the Åland islands;
(b) restrictions, on a non-discriminatory basis, on the right of establishment and the right to provide
services by natural persons who do not enjoy hembygdsrätt/kotiseutuoikeus (regional citizenship)in Åland, or by legal persons without permission by the competent authorities of the Åland
islands.
Article 57
1. The territory of the Åland Islands —being considered as a third territory, as defined in the third
indent of Article 3(1) of Council Directive 77/388/EEC, and as a national territory falling outside thefield of application of the excise harmonisation directives as defined in Article 2 of Council Directive
92/12/EEC —shall be excluded from the territorial application of Union law in the fields of
harmonisation of the laws of the Member States on turnover taxes and on excise duties and other
forms of indirect taxation.
This paragraph shall not apply to the provisions of Council Directive 69/335/EEC relating to capital
duty.C 310/290 EN Official Journal of the European Union 16.12.2004
2. The derogation provided for in paragraph 1 is aimed at maintaining a viable local economy in
the islands and shall not have any negative effects on the interests of the Union nor on its common
policies. If the Commission considers that the provisions in paragraph 1 are no longer justified,
particularly in terms of fair competition or own resources, it shall submit appropriate proposals to
the Council, which shall adopt the necessary acts in accordance with the pertinent articles of the
Constitution.
Article 58
The Republic of Finland shall ensure that the same treatment applies to all natural and legal persons
of the Member States in the Åland islands.
Article 59
The provisions of this Section shall apply in the light of the Declaration on the Åland Islands, which
incorporates, without altering its legal effect, the wording of the preamble to Protocol No 2 to the Act
concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the
Kingdom of Sweden.
SECTION 6
Provisions on the Sami people
Article 60
Notwithstanding the provisions of the Constitution, exclusive rights to reindeer husbandry within
traditional Sami areas may be granted to the Sami people.
Article 61
This Section may be extended to take account of any further development of exclusive Sami rights
linked to their traditional means of livelihood. A European law of the Council may make the
necessary amendments to this Section. The Council shall act unanimously after consulting theEuropean Parliament and the Committee of the Regions.
Article 62
The provisions of this Section shall apply in the light of the Declaration on the Sami people, which
incorporates, without altering its legal effect, the wording of the preamble to Protocol 3 to the Act
concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the
Kingdom of Sweden.16.12.2004 EN Official Journal of the European Union C 310/291
SECTION 7
Special provisions in the framework of the Structural Funds in Finland and Sweden
Article 63
Areas covered by the objective of promoting the development and structural adjustment of regions
with an extremely low population density shall in principle represent or belong to regions at NUTS
level II with a population density of 8 persons per km2or less. Union assistance may, subject to the
requirement of concentration, also extend to adjacent and contiguous smaller areas fulfilling the samepopulation density criterion. The regions and areas referred to in this Article, are listed in Annex 1 (
1)
to Protocol 6 to the Act concerning the conditions of accession of the Republic of Austria, the
Republic of Finland and the Kingdom of Sweden.
SECTION 8
Provisions on rail and combined transport in Austria
Article 64
1. For the purposes of this Section, the following definitions shall apply:(a)‘heavy goods vehicle ’shall mean any motor vehicle with a maximum authorised weight of over
7,5 tonnes registered in a Member State designed to carry goods or haul trailers, including
semi ‑trailer tractor units, and trailers with a maximum authorised weight of over 7,5 tonnes and
hauled by a motor vehicle registered in a Member State with a maximum authorised weight of
7,5 tonnes or less;
(b)‘combined transport ’shall mean the carriage of goods by heavy goods vehicles or loading units
which complete part of their journey by rail and either begin or end the journey by road,
whereby transit traffic may under no circumstances cross Austrian territory on its way to or from
a rail terminal by road alone.
2. Articles 65 to 71 shall apply to measures relating to the provision of rail and combined transport
crossing the territory of Austria.
Article 65
The Union and the Member States concerned shall, within the framework of their respective
competences, adopt and closely coordinate measures for the development and promotion of rail and
combined transport for the trans ‑Alpine carriage of goods.C 310/292 EN Official Journal of the European Union 16.12.2004
(1) OJ C 241, 29.8.1994, p. 355.
Article 66
When establishing the guidelines provided for in Article III ‑247 of the Constitution, the Union shall
ensure that the axes defined in Annex 1 (1) to Protocol 9 to the Act concerning the conditions of
accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden form part
of the trans ‑European networks for rail and combined transport and are furthermore identified as
projects of common interest.
Article 67
The Union and the Member States concerned shall, within the framework of their respective
competences, implement the measures listed in Annex 2 (2) to Protocol 9 to the Act concerning the
conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of
Sweden.
Article 68
The Union and the Member States concerned shall use their best endeavours to develop and utilise
the additional railway capacity referred to in Annex 3 (3) to Protocol 9 to the Act concerning the
conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of
Sweden.
Article 69
The Union and the Member States concerned shall take measures to enhance the provision of rail and
combined transport. Where appropriate, and subject to the provisions of the Constitution, such
measures shall be established in close consultation with railway companies and other railway service
providers. Priority should be given to those measures set out in the provisions of Union law on
railways and combined transport. In implementing any measures, particular attention shall be
attached to the competitiveness, effectiveness and cost transparency of rail and combined transport.
In particular, the Member States concerned shall endeavour to take such measures so as to ensure thatprices for combined transport are competitive with those for other modes of transport. Any aid
granted to these ends shall comply with Union law.
Article 70
The Union and the Member States concerned shall, in the event of a serious disturbance in rail transit,
such as a natural disaster, take all possible concerted action to maintain the flow of traffic. Priorityshall be given to sensitive loads, such as perishable foods.16.12.2004 EN Official Journal of the European Union C 310/293
(1) OJ C 241, 29.8.1994, p. 364.
(2) OJ C 241, 29.8.1994, p. 365.
(3) OJ C 241, 29.8.1994, p. 367.
Article 71
The Commission, acting in accordance with the procedure laid down in Article 73(2), shall review the
operation of this Section.
Article 72
1. This Article shall apply to the carriage of goods by road on journeys carried out within the
territory of the Community.
2. For journeys which involve transit of goods by road through Austria, the regime established for
journeys on own account and for journeys for hire or reward under the First Council Directive of
23 July 1962 and Council Regulation (EEC) No 881/92 shall apply subject to the provisions of this
Article.
3. Until 1 January 1998, the following provisions shall apply:(a) The total of NOx emissions from heavy goods vehicles crossing Austria in transit shall be reduced
by 60 % in the period between 1 January 1992 and 31 December 2003, according to the table in
Annex 4.
(b) The reductions in total NOx emissions from heavy goods vehicles shall be administered
according to an ecopoints system. Under that system any heavy goods vehicle crossing Austria in
transit shall require a number of ecopoints equivalent to its NOx emissions (authorised under the
Conformity of Production (COP) value or type ‑approval value). The method of calculation and
administration of such points is described in Annex 5.
(c) If the number of transit journeys in any year exceeds the reference figure established for 1991 by
more than 8 %, the Commission, acting in accordance with the procedure laid down in
Article 16, shall adopt appropriate measures in accordance with paragraph 3 of Annex 5.
(d) Austria shall issue and make available in good time the ecopoints cards required for the
administration of the ecopoints system, pursuant to Annex 5, for heavy goods vehicles crossing
Austria in transit.
(e) The ecopoints shall be distributed by the Commission among Member States in accordance with
provisions to be established in accordance with paragraph 7.
4. Before 1 January 1998, the Council, on the basis of a report by the Commission, shall review the
operation of provisions concerning transit of goods by road through Austria. The review shall take
place in conformity with basic principles of Community law, such as the proper functioning of theinternal market, in particular the free movement of goods and freedom to provide services,
protection of the environment in the interest of the Community as a whole, and traffic safety. Unless
the Council, acting unanimously on a proposal from the Commission and after consulting the
European Parliament, decides otherwise, the transitional period shall be extended to 1 January 2001,
during which the provisions of paragraph 3 shall apply.C 310/294 EN Official Journal of the European Union 16.12.2004
5. Before 1 January 2001, the Commission, in cooperation with the European Environment
Agency, shall make a scientific study of the degree to which the objective concerning reduction of
pollution set out in paragraph 3(a) has been achieved. If the Commission concludes that this objective
has been achieved on a sustainable basis, the provisions of paragraph 3 shall cease to apply on
1 January 2001. If the Commission concludes that this objective has not been achieved on a
sustainable basis, the Council, acting in accordance with Article 75 of the EC Treaty, may adopt
measures, within a Community framework, which ensure equivalent protection of the environment,
in particular a 60 % reduction of pollution. If the Council does not adopt such measures, thetransitional period shall be automatically extended for a final period of three years, during which the
provisions of paragraph 3 shall apply.
6. At the end of the transitional period, the Community acquis in its entirety shall be applied.
7. The Commission, acting in accordance with the procedure laid down in Article 16, shall adopt
detailed measures concerning the procedures relating to the ecopoints system, the distribution of
ecopoints and technical questions concerning the application of this Article, which shall enter into
force on the date of accession of Austria.
The measures referred to in the first subparagraph shall ensure that the factual situation for the
present Member States resulting from the application of Council Regulation (EEC) No 3637/92 and
of the Administrative Arrangement, signed on 23 December 1992, setting the date of entry into force
and the procedures for the introduction of the ecopoints system referred to in the Transit Agreement,
is maintained. All necessary efforts shall be made to ensure that the share of ecopoints allocated to
Greece takes sufficient account of Greek needs in this context.
Article 73
1. The Commission shall be assisted by a Committee.2. In cases where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC
shall apply.
3. The Committee shall adopt its Rules of Procedure.
SECTION 9
Provisions on the use of specific Austrian terms of the German language in the framework
of the European Union
Article 74
1. The specific Austrian terms of the German language contained in the Austrian legal order and
listed in the Annex (1) to Protocol No 10 to the Act concerning the conditions of accession of the
Republic of Austria, the Republic of Finland and the Kingdom of Sweden shall have the same status16.12.2004 EN Official Journal of the European Union C 310/295
(1) OJ C 241, 29.8.1994, p. 370.
and may be used with the same legal effect as the corresponding terms used in Germany listed in that
Annex.
2. In the German language version of new legal acts the specific Austrian terms referred to in the
Annex to Protocol No 10 to the Act concerning the conditions of accession of the Republic of
Austria, the Republic of Finland and the Kingdom of Sweden shall be added in appropriate form to
the corresponding terms used in Germany.C 310/296 EN Official Journal of the European Union 16.12.2004