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EN Official Journal of the European Union C 326/1

CONSOLIDATED VERSION OF THE TREATY ON EUROPEAN UNION

TITLE V

GENERAL PROVISIONS ON THE UNION'S EXTERNAL ACTION AND SPECIFIC PROVISIONS ON THE COMMON FOREIGN AND SECURITY POLICY

CHAPTER 1

GENERAL PROVISIONS ON THE UNION'S EXTERNAL ACTION

Article 22

1. On the basis of the principles and objectives set out in Article 21, the European Council shall identify the strategic interests and objectives of the Union.

Decisions of the European Council on the strategic interests and objectives of the Union shall relate to the common foreign and security policy and to other areas of the external action of the Union. Such decisions may concern the relations of the Union with a specific country or region or may be thematic in approach. They shall define their duration, and the means to be made available by the Union and the Member States.

The European Council shall act unanimously on a recommendation from the Council, adopted by the latter under the arrangements laid down for each area. Decisions of the European Council shall be implemented in accordance with the procedures provided for in the Treaties.

2. The High Representative of the Union for Foreign Affairs and Security Policy, for the area of common foreign and security policy, and the Commission, for other areas of external action, may submit joint proposals to the Council.
EN Official Journal of the European Union C 326/1

CONSOLIDATED VERSION OF THE TREATY ON EUROPEAN UNION

TITLE III

PROVISIONS ON THE INSTITUTIONS

Article 19

1. The Court of Justice of the European Union shall include the Court of Justice, the General Court and specialised courts. It shall ensure that in the interpretation and application of the Treaties the law is observed.

Member States shall provide remedies sufficient to ensure effective legal protection in the fields covered by Union law.

2. The Court of Justice shall consist of one judge from each Member State. It shall be assisted by Advocates-General.

The General Court shall include at least one judge per Member State.

The Judges and the Advocates-General of the Court of Justice and the Judges of the General Court shall be chosen from persons whose independence is beyond doubt and who satisfy the conditions set out in Articles 253 and 254 of the Treaty on the Functioning of the European Union. They shall be appointed by common accord of the governments of the Member States for six years. Retiring Judges and Advocates-General may be reappointed.

3. The Court of Justice of the European Union shall, in accordance with the Treaties:

(a) rule on actions brought by a Member State, an institution or a natural or legal person;

(b) give preliminary rulings, at the request of courts or tribunals of the Member States, on the interpretation of Union law or the validity of acts adopted by the institutions;
EN Official Journal of the European Union C 326/1

PROTOCOL (No 32)

ON THE ACQUISITION OF PROPERTY IN DENMARK

THE HIGH CONTRACTING PARTIES,

DESIRING to settle certain particular problems relating to Denmark,

HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union:

Notwithstanding the provisions of the Treaties, Denmark may maintain the existing legislation on the acquisition of second homes.
EN Official Journal of the European Union C 202/30

Article 24

(ex Article 11 TEU)

1. The Union's competence in matters of common foreign and security policy shall cover all areas of foreign policy and all questions relating to the Union's security, including the progressive framing of a common defence policy that might lead to a common defence.

The common foreign and security policy is subject to specific rules and procedures. It shall be defined and implemented by the European Council and the Council acting unanimously, except where the Treaties provide otherwise. The adoption of legislative acts shall be excluded. The common foreign and security policy shall be put into effect by the High Representative of the Union for Foreign Affairs and Security Policy and by Member States, in accordance with the Treaties. The specific role of the European Parliament and of the Commission in this area is defined by the Treaties. The Court of Justice of the European Union shall not have jurisdiction with respect to these provisions, with the exception of its jurisdiction to monitor compliance with Article 40 of this Treaty and to review the legality of certain decisions as provided for by the second paragraph of Article 275 of the Treaty on the Functioning of the European Union.

2. Within the framework of the principles and objectives of its external action, the Union shall conduct, define and implement a common foreign and security policy, based on the development of mutual political solidarity among Member States, the identification of questions of general interest and the achievement of an ever-increasing degree of convergence of Member States' actions.

3. The Member States shall support the Union's external and security policy actively and unreservedly in a spirit of loyalty and mutual solidarity and shall comply with the Union's action in this area.

The Member States shall work together to enhance and develop their mutual political solidarity. They shall refrain from any action which is contrary to the interests of the Union or likely to impair its effectiveness as a cohesive force in international relations.

The Council and the High Representative shall ensure compliance with these principles.
EN Official Journal of the European Union C 202/44

Article 51

The Protocols and Annexes to the Treaties shall form an integral part thereof.
EN Official Journal of the European Union C 202/40

Article 46

1. Those Member States which wish to participate in the permanent structured cooperation referred to in Article 42(6), which fulfil the criteria and have made the commitments on military capabilities set out in the Protocol on permanent structured cooperation, shall notify their intention to the Council and to the High Representative of the Union for Foreign Affairs and Security Policy.

2. Within three months following the notification referred to in paragraph 1 the Council shall adopt a decision establishing permanent structured cooperation and determining the list of participating Member States. The Council shall act by a qualified majority after consulting the High Representative.

3. Any Member State which, at a later stage, wishes to participate in the permanent structured cooperation shall notify its intention to the Council and to the High Representative.

The Council shall adopt a decision confirming the participation of the Member State concerned which fulfils the criteria and makes the commitments referred to in Articles 1 and 2 of the Protocol on permanent structured cooperation. The Council shall act by a qualified majority after consulting the High Representative. Only members of the Council representing the participating Member States shall take part in the vote.

A qualified majority shall be defined in accordance with Article 238(3)(a) of the Treaty on the Functioning of the European Union.

4. If a participating Member State no longer fulfils the criteria or is no longer able to meet the commitments referred to in Articles 1 and 2 of the Protocol on permanent structured cooperation, the Council may adopt a decision suspending the participation of the Member State concerned.

The Council shall act by a qualified majority. Only members of the Council representing the participating Member States, with the exception of the Member State in question, shall take part in the vote.

A qualified majority shall be defined in accordance with Article 238(3)(a) of the Treaty on the Functioning of the European Union.

5. Any participating Member State which wishes to withdraw from permanent structured cooperation shall notify its intention to the Council, which shall take note that the Member State in question has ceased to participate.

6. The decisions and recommendations of the Council within the framework of permanent structured cooperation, other than those provided for in paragraphs 2 to 5, shall be adopted by unanimity. For the purposes of this paragraph, unanimity shall be constituted by the votes of the representatives of the participating Member States only.
EN Official Journal of the European Union C 202/27

Article 20

(ex Articles 27a to 27e, 40 to 40b and 43 to 45 TEU and ex Articles 11 and 11a TEC)

1. Member States which wish to establish enhanced cooperation between themselves within the framework of the Union's non-exclusive competences may make use of its institutions and exercise those competences by applying the relevant provisions of the Treaties, subject to the limits and in accordance with the detailed arrangements laid down in this Article and in Articles 326 to 334 of the Treaty on the Functioning of the European Union.

Enhanced cooperation shall aim to further the objectives of the Union, protect its interests and reinforce its integration process. Such cooperation shall be open at any time to all Member States, in accordance with Article 328 of the Treaty on the Functioning of the European Union.

2. The decision authorising enhanced cooperation shall be adopted by the Council as a last resort, when it has established that the objectives of such cooperation cannot be attained within a reasonable period by the Union as a whole, and provided that at least nine Member States participate in it. The Council shall act in accordance with the procedure laid down in Article 329 of the Treaty on the Functioning of the European Union.

3. All members of the Council may participate in its deliberations, but only members of the Council representing the Member States participating in enhanced cooperation shall take part in the vote. The voting rules are set out in Article 330 of the Treaty on the Functioning of the European Union.

4. Acts adopted in the framework of enhanced cooperation shall bind only participating Member States. They shall not be regarded as part of the acquis which has to be accepted by candidate States for accession to the Union.
EN Official Journal of the European Union C 202/21

Article 11

1. The institutions shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action.

2. The institutions shall maintain an open, transparent and regular dialogue with representative associations and civil society.

3. The European Commission shall carry out broad consultations with parties concerned in order to ensure that the Union's actions are coherent and transparent.

4. Not less than one million citizens who are nationals of a significant number of Member States may take the initiative of inviting the European Commission, within the framework of its powers, to submit any appropriate proposal on matters where citizens consider that a legal act of the Union is required for the purpose of implementing the Treaties.

The procedures and conditions required for such a citizens' initiative shall be determined in accordance with the first paragraph of Article 24 of the Treaty on the Functioning of the European Union.
EN Official Journal of the European Union C 202/30

Article 23

The Union's action on the international scene, pursuant to this Chapter, shall be guided by the principles, shall pursue the objectives of, and be conducted in accordance with, the general provisions laid down in Chapter 1.
17. Joint Declaration on safeguard measures under the agreements with countries of Central and Eastern Europe

1. The 'Europe` agreements between the Communities and their Member States and the countries of Central and Eastern Europe include provisions for the Communities to take appropriate safeguard measures, under certain conditions laid down in these Agreements.

2. In examining and adopting measures under such provisions, the Communities may invoke the situation of producers, or of regions, in one or more of its Member States.

3. The Community rules concerning the implementation of safeguard measures, including the management of Community quotas, ensure that the interests of the Member States are fully taken into account in accordance with the appropriate procedures.
36. Declaration on agro-environmental measures

The Union will take the necessary measures in order to allow the new Member States to implement rapidly the agro-environmental programmes in favour of their farmers in conformity with Regulation (EEC) No 2078/92 and to ensure co-financing of these programmes within the limits of budgetary availabilities.

The Union notes that the following amount can be expected by each of the new Member States:

>TABLE>
11994N118

ACT concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded - PART FOUR : TRANSITIONAL MEASURES - TITLE V : TRANSITIONAL MEASURES CONCERNING SWEDEN - CHAPTER 3 : Fisheries - Section II : Access to waters and resources - Subsection I : Swedish vessels - Article 118



Official Journal C 241 , 29/08/1994 P. 0042
V. Eggs and poultry

375 R 2782: Regulation (EEC) No 2782/75 of the Council of 29 October 1975 on the production and marketing of eggs for hatching and of farmyard poultry chicks (OJ No L 282, 1.11.1975, p. 100), as last amended by:

- 391 R 1057: Commission Regulation (EEC) No 1057/91 of 26 April 1991 (OJ No L 107, 27.4.1991, p. 11).

(a) The wording of Article 5 (2) is replaced by the following:

'2. Eggs for hatching shall be transported in perfectly clean packs, containing only eggs for hatching of the same species, category and type of poultry, originating in one establishment and bearing at least the words "oeufs à couver", "broedeieren", "rugeaeg", "Bruteier", "áõãUE ðñïò aaêêueëáoeéí", "huevos para incubar", "eggs for hatching", "uova da cova", "rugeegg", "ovos para incubação", "munia haudottavaksi" or "klaeckaegg".`

(b) The wording of Article 6 shall be replaced by the following:

'Article 6

Eggs for hatching from third countries may be imported only if they bear, in type at least 3 mm high, the name of the country of origin and the printed words "à couver", "broedei", "rugeaeg", "Brutei", "ðñïò aaêêueëáoeéí", "para incubar", "hatching", "cova", "rugeegg", "para incubação", "haudottavaksi", "foer klaeckning". Their packings must contain only eggs for hatching of the same species, category and type of poultry from the same country of origin and sender, and must bear at least the following particulars:

(a) the information shown on the eggs;

(b) the species of poultry from which the eggs come;

(c) the sender's name or business name and address.`
11994NN19

ACT concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded, ANNEX XIX - List provided for in Article 168 of the Act of Accession



Official Journal C 241 , 29/08/1994 P. 0347
CHAPTER 6 The Economic and Social Committee

Article 23

The following is substituted for the first paragraph of Article 194 of the EC Treaty and the first paragraph of Article 166 of the Euratom Treaty:

'The number of members of the Economic and Social Committee shall be as follows:

>TABLE>

`.
Article 3

The new Member States undertake in respect of those conventions or instruments in the field of justice and home affairs which are inseparable from the attainment of the objectives of the EU Treaty:

- to accede to those which, by the date of accession, have been opened for signature by the present Member States, and to those which have been drawn up by the Council in accordance with Title VI of the EU Treaty and recommended to the Member States for adoption,

- to introduce administrative and other arrangements, such as those adopted by the date of accession by the present Member States or by the Council, to facilitate practical cooperation between Member States' institutions and organizations working in the field of justice and home affairs.
11994N/AFI/DCL/26

ACT concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded, FINAL ACT - III. OTHER DECLARATIONS - D. Joint Declarations: The present Member States / Kingdom of Sweden - 26. Joint Declaration on Article 127 of the Act of Accession



Official Journal C 241 , 29/08/1994 P. 0391
I. COMMERCIAL POLICY

1. 394 R 0517: Council Regulation (EC) No 517/94 of 7 March 1994 on common rules for imports of textile products from certain third countries not covered by bilateral agreements, protocols or other arrangements, or by other specific Community import rules (OJ No L 67, 10.3.1994, p. 1).

Annex III A must be supplemented by the indication of products originating in countries others than those referred to in Annex II, for which the release into free circulation was subject to quantitative restrictions in the new Member States on 31 December 1993. As a consequence, the wording 'on the basis of Regulation (EEC) No 288/82` appearing in the third indent of Article 2 (1) must be deleted.

Sweden:

Where appropriate, the quantitative tables appearing in Annexes III B, IV and VI must be adjusted to indicate the new quantitative limits, which take into account the existing trade patterns of Sweden.

Austria, Norway and Finland:

Where appropriate, the tables appearing in Annexes III B, IV and VI must be adjusted to indicate the new quantitative limits, which take into account the accession of Austria, Norway and Finland.

2. 392 R 3951: Council Regulation (EEC) No 3951/92 of 29 December 1992 on the arrangements for imports of certain textile products originating in Taiwan (OJ No L 405, 31.12.1992, p. 6), as amended by:

- 394 R 217: Council Regulation (EC) No 217/94 of 24 January 1994 (OJ No L 28, 2.2.1994, p. 1).

Sweden:

Where appropiate, the quantitative tables appearing in Annex II must be adjusted to indicate the new quantitative limits which take into account the existing trade patterns of Sweden.

Austria, Norway and Finland:

Where appropriate, the quantitative tables appearing in Annex II must be adjusted to indicate the new quantitative limits which take into account the accession of Austria, Norway and Finland.
Article 150

1. The transitional measures relating to implementation of the instruments concerning the common agricultural policy not specified in this Act, including in the field of structures, which are required as a result of accession shall be adopted prior to accession in accordance with the procedure laid down in paragraph 3 and shall enter into force on the date of accession at the earliest.

2. The transitional measures referred to in paragraph 1 shall include in particular adaptations to instruments making provision for present Member States for co-financing of certain actions in the field of statistics and control of expenditure.

They may also stipulate that, under certain conditions, national aid corresponding at most to the difference between the price recorded in a new Member State prior to accession and that resulting from application of this Act may be granted to private operators, whether natural or legal persons, holding stocks of products referred to in Article 138 (1) or resulting from processing thereof on 1 January 1995.

3. The Council, acting by a qualified majority on a proposal from the Commission, shall adopt the transitional measures referred to in paragaphs 1 and 2. Nevertheless, the measures affecting instruments initially adopted by the Commission will be adopted by this institution following the procedure referred to in Article 149 (1).
IV. EXCHANGE OF LETTERS between the European Union and the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden on an information and consultation procedure for the adoption of certain decisions and other measures to be taken during the period preceding accession

Letter No 1

Sir,

I have the honour to refer to the question concerning an information and consultation procedure for the adoption of certain decisions and other measures to be taken during the period preceding the accession of your country to the European Union which was raised in the framework of the accession negotiations.

I hereby confirm that the European Union is able to agree to such a procedure, in the terms set out in the Annex to this letter, which could be applied as from the date on which our negotiating Conference declares that the enlargement negotiations have been finally concluded.

I should be obliged if you would confirm that your Government is in agreement with the contents of this letter.

Yours faithfully,

Letter No 2

Sir,

I have the honour to acknowledge receipt of your letter which reads as follows:

'I have the honour to refer to the question concerning an information and consultation procedure for the adoption of certain decisions and other measures to be taken during the period preceding the accession of your country to the European Union which was raised in the framework of the accession negotiations.

I hereby confirm that the European Union is able to agree to such a procedure, in the terms set out in the Annex to this letter, which could be applied as from the date on which our negotiating Conference declares that the enlargement negotiations have been finally concluded.

I should be obliged if you would confirm that your Government is in agreement with the contents of this letter.`

I have the honour to confirm that my Government is in agreement with the contents of this letter.

Yours faithfully,
Article 44

1. The share of Community fishing opportunities for stocks which are regulated by a catch limit, to be allocated to Norway, shall be fixed as follows, by species and by zone:

>TABLE>

2. The Community fishing opportunities allocated to Norway shall be set in accordance with Article 8 (4) of Regulation (EEC) No 3760/92, for the first time before 1 January 1995.

3. The quantities allocated to Norway of species not subject to limits on rates of exploitation in the form of catch limits, or subject to TACs, but not allocated in quotas between Member States of the Union as constituted at present, shall be set on a flat-rate basis as follows, by species and by zone:

>TABLE>

4. Until the date of application of the Community fishing permit system, in waters of the Community as at present constituted the fishing effort of Norwegian vessels in relation to non-regulated and non-allocated species may not exceed levels reached immediately prior to the entry into force of the Accession Treaty.
11994N080

ACT concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded - PART FOUR : TRANSITIONAL MEASURES - TITLE III : TRANSITIONAL MEASURES CONCERNING AUSTRIA - CHAPTER 5 : Financial and budgetary provisions - Article 80



Official Journal C 241 , 29/08/1994 P. 0037