TREATY between the Kingdom of Belgium,

the Kingdom of Denmark,

the Federal Republic of Germany,

the Hellenic Republic,

the Kingdom of Spain,

the French Republic,

Ireland,

the Italian Republic,

the Grand Duchy of Luxembourg,

the Kingdom of the Netherlands,

the Portuguese Republic,

the United Kingdom of Great Britain and Northern Ireland (Member States of the European Union) and the Kingdom of Norway,

the Republic of Austria,

the Republic of Finland the Kingdom of Sweden,

concerning the accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union.

(94/C 241/07)

HIS MAJESTY THE KING OF THE BELGIANS,

HER MAJESTY THE QUEEN OF DENMARK,

THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY,

THE PRESIDENT OF THE HELLENIC REPUBLIC,

HIS MAJESTY THE KING OF SPAIN,

THE PRESIDENT OF THE FRENCH REPUBLIC,

THE PRESIDENT OF IRELAND,

THE PRESIDENT OF THE ITALIAN REPUBLIC,

HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG,

HER MAJESTY THE QUEEN OF THE NETHERLANDS,

HIS MAJESTY THE KING OF NORWAY,

THE FEDERAL PRESIDENT OF THE REPUBLIC OF AUSTRIA,

THE PRESIDENT OF THE PORTUGUESE REPUBLIC,

THE PRESIDENT OF THE REPUBLIC OF FINLAND,

HIS MAJESTY THE KING OF SWEDEN,

HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

UNITED in their desire to pursue the attainment of the objectives of the Treaties on which the European Union is founded,

DETERMINED in the spirit of those Treaties to continue the process of creating an ever closer union among the peoples of Europe on the foundations already laid,

CONSIDERING that Article O of the Treaty on European Union affords European States the opportunity of becoming members of the Union,

CONSIDERING that the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden have applied to become members of the Union,

CONSIDERING that the Council of the European Union, after having obtained the opinion of the Commission and the assent of the European Parliament, has declared itself in favour of the admission of these States,

HAVE DECIDED to establish by common agreement the conditions of admission and the adjustments to be made to the Treaties on which the European Union is founded, and to this end have designated as their Plenipotentiaries:

HIS MAJESTY THE KING OF THE BELGIANS,

Mr Jean-Luc DEHAENE

Prime Minister

Mr Willy CLAES

Minister for Foreign Affairs

Mr Ph. de SCHOUTHEETE de TERVARENT

Ambassador,

Permanent Representative of Belgium to the European Union

HER MAJESTY THE QUEEN OF DENMARK,

Mr Poul Nyrup RASMUSSEN

Prime Minister

Mr Niels Helveg PETERSEN

Minister for Foreign Affairs

Mr Gunnar RIBERHOLDT

Ambassador,

Permanent Representative of Denmark to the European Union

THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY,

Dr Helmut KOHL

Federal Chancellor

Dr Klaus KINKEL

Federal Minister for Foreign Affairs and Deputy Federal Chancellor

Dr Dietrich von KYAW

Ambassador

Permanent Representative of the Federal Republic of Germany to the European Union

THE PRESIDENT OF THE HELLENIC REPUBLIC,

Mr Andreas PAPANDREOU

Prime Minister

Mr Karolos PAPOULIAS

Minister for Foreign Affairs

Mr Theodoros PANGALOS

Deputy Minister for Foreign Affairs

HIS MAJESTY THE KING OF SPAIN,

Mr Felipe GONZÁLEZ MÁRQUEZ

President of the Government

Mr Javier SOLANA MADARIAGA

Minister for Foreign Affairs

Mr Carlos WESTENDORP y CABEZA

State Secretary for Relations with the European Communities

THE PRESIDENT OF THE FRENCH REPUBLIC,

Mr Edouard BALLADUR

Prime Minister

Mr Alain JUPPÉ

Minister for Foreign Affairs

Mr Alain LAMASSOURE

Minister with special responsibility for European Affairs

Mr Pierre de BOISSIEU

Ambassador,

Permanent Representative of France to the European Union

THE PRESIDENT OF IRELAND,

Mr Albert REYNOLDS

Prime Minister

Mr Dick SPRING

Deputy Prime Minister and Minister for Foreign Affairs

Mr Padraic McKERNAN

Ambassador

Permanent Representative of Ireland to the European Union

THE PRESIDENT OF THE ITALIAN REPUBLIC,

Mr Silvio BERLUSCONI

Prime Minister

Mr Antonio MARTINO

Minister for Foreign Affairs

Mr Livio CAPUTO

State Secretary for Foreign Affairs

HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG,

Mr Jacques SANTER

Prime Minister

Mr Jacques F. POOS

Deputy Prime Minister

Minister for Foreign Affairs

Mr Jean-Jacques KASEL

Ambassador,

Permanent Representative of Luxembourg to the European Union

HER MAJESTY THE QUEEN OF THE NETHERLANDS,

Mr R. F. M. LUBBERS

Prime Minister

Dr P. H. KOOIJMANS

Minister for Foreign Affairs

Dr B. R. BOT

Ambassador

Permanent Representative of the Netherlands to the European Union

HIS MAJESTY THE KING OF NORWAY,

Mrs Gro HARLEM BRUNDTLAND

Prime Minister

Mr Bjørn TORE GODAL

Minister for Foreign Affairs

Mrs Grete KNUDSEN

Minister for Trade, Minister for Merchant Shipping

Mr Eivinn BERG

Head of the Delegation entrusted with the negotiations

THE FEDERAL PRESIDENT OF THE REPUBLIC OF AUSTRIA,

Mr Franz VRANITZKY

Federal Chancellor

Mr Alois MOCK

Federal Minister for Foreign Affairs

Mr Ulrich STACHER

Director General,

Federal Chancellory

Mr Manfred SCHEICH

Head of the Austrian Mission to the European Communities

THE PRESIDENT OF THE PORTUGUESE REPUBLIC,

Mr Aníbal CAVACO SILVA

Prime Minister

Mr José DURÃO BARROSO

Minister for Foreign Affairs

Mr Vítor MARTINS

State Secretary for European Affairs

THE PRESIDENT OF THE REPUBLIC OF FINLAND,

Mr Esko AHO

Prime Minister

Mr Pertti SALOLAINEN

Minister for Foreign Trade

Mr Heikki HAAVISTO

Minister for Foreign Affairs

Mr Veli SUNDBÄCK

State Secretary for Foreign Affairs

HIS MAJESTY THE KING OF SWEDEN,

HE Mr Carl BILDT

Prime Minister

HE Mrs Margaretha af UGGLAS

Minister for Foreign Affairs

HE Mr Ulf DINKELSPIEL

Minister for European Affairs and Foreign Trade

Mr Frank BELFRAGE

Under-Secretary of State for European Affairs and Foreign Trade

HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

The Rt Hon John MAJOR

Prime Minister

The Rt Hon Douglas HURD

Secretary of State for Foreign and Commonwealth Affairs

Mr David HEATHCOAT-AMORY

Minister of State, Foreign and Commonwealth Office

WHO, having exchanged their full powers found in good and due form,

HAVE AGREED AS FOLLOWS:

Article 1

1. The Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden hereby become members of the European Union and Parties to the Treaties on which the Union is founded as amended or supplemented.

2. The conditions of admission and the adjustments to the Treaties on which the Union is founded, entailed by such admission, are set out in the Act annexed to this Treaty. The provisions of that Act shall form an integral part of this Treaty.

3. The provisions concerning the rights and obligations of the Member States and the powers and jurisdiction of the institutions of the Union as set out in the Treaties referred to in paragraph 1 shall apply in respect of this Treaty.

Article 2

1. This Treaty shall be ratified by the High Contracting Parties in accordance with their respective constitutional requirements. The instruments of ratification shall be deposited with the Government of the Italian Republic by 31 December 1994 at the latest.

2. This Treaty shall enter into force on 1 January 1995 provided that all the instruments of ratification have been deposited before that date.

If, however, the States referred to in Article 1 (1) have not all deposited their instruments of ratification in due time, the Treaty shall enter into force for those States which have deposited their instruments. In this case, the Council of the European Union, acting unanimously, shall decide immediately upon such adjustments as have become indispensable to Article 3 of this Treaty, to Articles 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 25, 26, 156, 157, 158, 159, 160, 161, 162, 170 and 176 of the Act of Accession, to Annex I to that Act and to Protocols No 1 and No 6 annexed thereto; acting unanimously, it may also declare that those provisions of the aforementioned Act, including its Annexes and Protocols, which refer expressly to a State which has not deposited its instrument of ratification have lapsed, or it may adjust them.

3. Notwithstanding paragraph 2, the institutions of the Union may adopt before accession the measures referred to in Articles 30, 39, 42, 43, 44, 45, 46, 47, 48, 53, 57, 59, 62, 74, 75, 76, 92, 93, 94, 95, 100, 102, 105, 119, 120, 121, 122, 127, 128, 131, 142 (2) and (3) second indent, 145, 148, 149, 150, 151 and 169 of the Act of Accession and Articles 11 (6) and 12 (2) of Protocol No 9. These measures shall enter into force only subject to and on the date of the entry into force of this Treaty.

Article 3

This Treaty, drawn up in a single original in the Danish, Dutch, English, Finnish, French, German, Greek, Irish, Italian, Norwegian, Portuguese, Spanish and Swedish languages, the texts in each of these languages being equally authentic, shall be deposited in the archives of the Government of the Italian Republic, which will remit a certified copy to each of the Governments of the other Signatory States.

EN FE DE LO CUAL, los plenipotenciarios abajo firmantes suscriben el presente Tratado.

TIL BEKRÆFTELSE HERAF har undertegnede befuldmægtigede underskrevet denne traktat.

ZU URKUND DESSEN haben die unterzeichneten Bevollmächtigten ihre Unterschriften unter diesen Vertrag gesetzt.

ÓÅ ÐÉÓÔÙÓÇ ÔÙÍ ÁÍÙÔÅÑÙ, ïé õðïãåãñáììÝíïé ðëçñåîïýóéïé õðÝãñáøáí ôçí ðáñïýóá óõíèÞêç.

IN WITNESS WHEREOF the undersigned Plenipotentiaries have signed this Treaty.

EN FOI DE QUOI, les plénipotentiaires soussignés ont apposé leurs signatures au bas du présent traité.

DÁ FHIANÚ SIN, chuir na Lánchumhachtaigh thíos-sínithe à lámh leis an gConradh seo.

IN FEDE DI CHE, i plenipotenziari sottoscritti hanno apposto le loro firme in calce al presente trattato.

TEN BLIJKE WAARVAN de ondergetekende gevolmachtigden hun handtekening onder dit Verdrag hebben gesteld.

TIL BEKREFTELSE AV DETTE har nedenstående befullmektigede undertegnet denne traktat.

EM FÉ DO QUE, os plenipotenciários abaixo-assinados apuseram as suas assinaturas no final do presente Tratado.

TÄMÄN VAKUUDEKSI ALLA MAINITUT täysivaltaiset edustajat ovat allekirjoittaneet tämän sopimuksen.

SOM BEKRÄFTELSE PÅ DETTA har undertecknade befullmäktigade ombud undertecknat detta fördrag.

Hecho en Corfú, el veinticuatro de junio de mil novecientos noventa y cuatro.

Udfærdiget i Korfu den fireogtyvende juni nitten hundrede og fireoghalvfems.

Geschehen zu Korfu am vierundzwanzigsten Juni neunzehnhundertvierundneunzig.

¸ãéíå óôçí ÊÝñêõñá, óôéò åßêïóé ôÝóóåñéò Éïõíßïõ ÷ßëéá åííéáêüóéá åíåíÞíôá ôÝóóåñá.

Done at Corfu on the twenty-fourth day of June in the year one thousand nine hundred and ninety-four.

Fait à Corfou, le vingt-quatre juin mil neuf cent quatre-vingt-quatorze.

Arna dhéanamh in Corfú ar an ceathrú lá is fiche de Mheitheamh sa bhliain míle naoi gcéad nócha ceathair.

Fatto a Corfù, addì ventiquattro giugno millenovecentonovantaquattro.

Gedaan te Korfoe, de vierentwintigste juni negentienhonderd vierennegentig.

Utferdiget på Korfu den tjuefjerde juni nittenhundreognittifire.

Feito em Corfu, em vinte e quatro de Junho de mil novecentos e noventa e quatro.

Tehty Korfulla kahdentenakymmenentenäneljäntenä päivänä kesäkuuta vuonna tuhat

yhdeksänsataayhdeksänkymmentäneljä.

Upprättat på Korfu den tjugofjärde juni år nittonhundranittiofyra.

Pour Sa Majesté le Roi des Belges

Voor Zijne Majesteit de Koning der Belgen

Für Seine Majestät der König der Belgier

>REFERENCE TO A FILM>

For Hendes Majestæt Danmarks Dronning

>REFERENCE TO A FILM>

Für den Präsidenten der Bundesrepublik Deutschland

>REFERENCE TO A FILM>

Ãéá ôïí Ðñüåäñï ôçò ÅëëçíéêÞò Äçìïêñáôßáò

>REFERENCE TO A FILM>

Por Su Majestad el Rey de España

>REFERENCE TO A FILM>

Pour le Président de la République française

>REFERENCE TO A FILM>

Thar ceann Uachtarán na hÉireann

For the President of Ireland

>REFERENCE TO A FILM>

Per il Presidente della Repubblica italiana

>REFERENCE TO A FILM>

Pour Son Altesse Royale le Grand-Duc de Luxembourg

>REFERENCE TO A FILM>

Voor Hare Majesteit de Koningin der Nederlanden

>REFERENCE TO A FILM>

For Hans Majestet Konget av Norge

>REFERENCE TO A FILM>

Für den Bundespräsidenten der Republik Österreich

>REFERENCE TO A FILM>

Pelo Presidente da República Portuguesa

>REFERENCE TO A FILM>

Suomen Tasavallan Presidentin puolesta

För Republiken Finlands President

>REFERENCE TO A FILM>

För Hans Majestät Konungen av Sverige

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For Her Majesty the Queen of the United Kingdom of Great Britain and Northern Ireland

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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 (94/C 241/08)

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 ('ECSC Treaty`), the Treaty establishing the European Community ('EC Treaty`) and the Treaty establishing the European Atomic Energy Community ('Euratom Treaty`), as supplemented or amended by treaties or other acts which entered into force before this accession,

- the Treaty on European Union ('EU Treaty`),

- the expression 'present Member States` means the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Portuguese Republic and the United Kingdom of Great Britain and Northern Ireland,

- the expression 'the Union` means the European Union as established by the EU Treaty,

- the expression 'the Community` means one or more of the Communities referred to in the first indent, as the case may be,

- the expression 'new Member States` means the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden,

- the expression 'the institutions` means the institutions established by the original Treaties.

Article 2

From the date of accession, the provisions of the original Treaties and the acts adopted by the institutions before accession shall be binding on the new Member States and shall apply in those States under the conditions laid down in those Treaties and in this Act.

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.

Article 4

1. The new Member States accede by this Act to the decisions and agreements adopted by the Representatives of the Governments of the Member States meeting within the Council. They undertake to accede from the date of accession to all other agreements concluded by the present Member States relating to the functioning of the Union or connected with the activities thereof.

2. The new Member States undertake to accede to the conventions provided for in Article 220 of the EC Treaty and to those that are inseparable from the attainment of the objectives of the EC Treaty, and also to the protocols on the interpretation of those conventions by the Court of Justice, signed by the present Member States and to this end they undertake to enter into negotiations with the present Member States in order to make the necessary adjustments thereto.

3. The new Member States are in the same situation as the present Member States in respect of declarations or resolutions of, or other positions taken up by, the European Council or the Council and in respect of those concerning the Communities or the Union adopted by common agreement of the Member States; they will accordingly observe the principles and guidelines deriving from those declarations, resolutions or other positions and will take such measures as may be necessary to ensure their implementation.

Article 5

1. The agreements or conventions concluded by any of the Communities, with one or more third States, with an international organization or with a national of a third State, shall, under the conditions laid down in the original Treaties and in this Act, be binding on the new Member States.

2. The new Member States undertake to accede, under the conditions laid down in this Act, to the agreements or conventions concluded by the present Member States and any of the Communities, acting jointly, and to the agreements concluded by those States which are related to those agreements or conventions. The Community and the present Member States, in the framework of the Union, shall assist the new Member States in this respect.

3. The new Member States accede by this Act and under the conditions laid down therein to the internal agreements concluded by the present Member States for the purpose of implementing the agreements or conventions referred to in paragraph 2.

4. The new Member States shall take appropriate measures, where necessary, to adjust their position in relation to international organizations and to those international agreements to which one of the Communities or to which other Member States are also parties, to the rights and obligations arising from their accession to the Union.

Article 6

Article 234 of the EC Treaty and Articles 105 and 106 of the Euratom Treaty shall apply for the new Member States to agreements or contracts concluded before their accession.

Article 7

The provisions of this Act may not, unless otherwise provided herein, be suspended, amended or repealed other than by means of the procedure laid down in the original Treaties enabling those Treaties to be revised.

Article 8

Acts adopted by the institutions to which the transitional provisions laid down in this Act relate shall retain their status in law; in particular, the procedures for amending those acts shall continue to apply.

Article 9

Provisions of this Act the purpose or effect of which is to repeal or amend acts adopted by the institutions, 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 the same rules as those provisions.

Article 10

The application of the original Treaties and acts adopted by the institutions shall, as a transitional measure, be subject to the derogations provided for in this Act.

PART TWO ADJUSTMENTS TO THE TREATIES TITLE 1 INSTITUTIONAL PROVISIONS CHAPTER 1 The European Parliament

Article 11

The following is substituted for Article 2 of the Act concerning the election of the representatives of the European Parliament by direct universal suffrage, which is annexed to Decision 76/787/ECSC, EEC, Euratom:

'Article 2

The number of representatives elected in each Member States is as follows:

>TABLE>

`.

CHAPTER 2 The Council

Article 12

The following is substituted for the second paragraph of Article 27 of the ECSC Treaty, the second paragraph of Article 146 of the EC Treaty and the second paragraph of Article 116 of the Euratom Treaty:

'The office of President shall be held in turn by each Member State in the Council for a term of six months in the order decided by the Council acting unanimously.`

Article 13

The following is substituted for Article 28 of the ECSC Treaty:

'Article 28

When the Council is consulted by the Commission, it shall consider the matter without necessarily taking a vote. The minutes of its proceedings shall be forwarded to the Commission.

Wherever this Treaty requires that the assent of the Council be given, that assent shall be considered to have been given if the proposal submitted by the Commission 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 tenth 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 Commission maintains its proposal after a second discussion, of the representatives of three Member States which each produce at least one tenth 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 Articles 21, 32, 32a, 45b and 78h of this Treaty, and Article 16, the third paragraph of Article 20, the fifth paragraph of Article 28 and Article 44 of the Protocol on the Statute of the Court of Justice, abstention by members present in person or represented shall 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 be attained if it represents 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 tenth of the total value of the coal and steel output of the Community. However, for the purpose of applying Articles 45b, 78 and 78b of this Treaty which require a qualified majority, the votes of the members of the Council are weighted as follows:

>TABLE>

For their adoption, acts shall require at least 64 votes in favour, cast by not less than 11 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 President.

The acts of the Council shall be published in such a manner as it may decide.`

Article 14

The following is substituted for the fourth paragraph of Article 95 of the ECSC Treaty:

'These amendments shall be proposed jointly by the Commission and the Council, acting by a thirteen sixteenths majority of its members, and shall be submitted to the Court for its opinion. In considering them, the Court shall have full power to assess all points of fact and of law. If, as a result of such consideration, it finds the proposals compatible with the provisions of the preceding paragraph, they shall be forwarded to the European Parliament and shall enter into force if approved by a majority of threequarters of the votes cast and two-thirds of the members of the European Parliament.`

Article 15

1. The following is substituted for Article 148 (2) of the EC Treaty and Article 118 (2) of the Euratom Treaty:

'2. Where the Council is required to act by a qualified majority, the votes of its members shall be weighted as follows:

>TABLE>

For their adoption, acts of the Council shall require at least:

- 64 votes in favour where this Treaty requires them to be adopted on a proposal from the Commission,

- 64 votes in favour, cast by at least 11 members, in other cases.`

2. The following is substituted for the second subparagraph of Article J.3 (2) of the EU Treaty:

'Where the Council is required to act by a qualified majority pursuant to the preceding subparagraph, the votes of its members shall be weighted in accordance with Article 148 (2) of the Treaty establishing the European Community, and, for their adoption, acts of the Council shall require at least 64 votes in favour, cast by at least 11 members.`

3. The following is substituted for the second subparagraph of Article K.4 (3) of the EU Treaty:

'Where the Council is required to act by a qualified majority, the votes of its members shall be weighted as laid down in Article 148 (2) of the Treaty establishing the European Community, and for their adoption, acts of the Council shall require at least 64 votes in favour, cast by at least 11 members.`

4. The following is substituted for the first sentence of the second subparagraph of point 2 of the Protocol on social policy annexed to the EC Treaty:

'By way of derogation from Article 148 (2) of the Treaty, acts of the Council which are made pursuant to this Protocol and which must be adopted by qualified majority shall be deemed adopted if they have received at least 54 votes in favour.`

CHAPTER 3 The Commission

Article 16

The following is substituted for the first subparagraph of Article 9 (1) of the ECSC Treaty, the first subparagraph of Article 157 (1) of the EC Treaty and the first subparagraph of Article 126 (1) of the Euratom Treaty:

'1. The Commission shall consist of 21 members, who shall be chosen on the grounds of their general competence and whose independence is beyond doubt.`

CHAPTER 4 The Court of Justice

Article 17

1. The following is substituted for the first paragraph of Article 32 of the ECSC Treaty, the first paragraph of Article 165 of the EC Treaty and the first paragraph of Article 137 of the Euratom Treaty:

'The Court of Justice shall consist of 17 Judges.`

2. The following is substituted for the first paragraph of Article 2 of Council Decision (88/591/ECSC/EEC/Euratom):

'The Court of First Instance shall consist of 16 Judges.`

Article 18

The following shall be substituted for the second paragraph of Article 32 of the ECSC Treaty, the second paragraph of Article 165 of the EC Treaty, the second paragraph of Article 137 of the Euratom Treaty and the first paragraph of Article 18 of the Protocol on the Statute of the Court of Justice of the ECSC:

'The Court of Justice shall sit in plenary session. It may, however, form chambers, each consisting of three, five or seven Judges, either to undertake certain preparatory inquiries or to adjudicate on particular categories of cases in accordance with rules laid down for these purposes.`

Article 19

The following shall be substituted for the second paragraph of Article 18 of the Protocol on the Statute of the Court of Justice of the European Coal and Steel Community, Article 15 of the Protocol on the Statute of the Court of Justice of the European Community and Article 15 of the Protocol on the Statute of the Court of Justice 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 full Court shall be valid if nine members are sitting. Decisions of the Chambers consisting of three or five Judges shall be valid only if three Judges are sitting. Decisions of the Chambers consisting of seven Judges shall be valid only if five Judges are sitting. In the event of one of the Judges of a Chamber being prevented from attending, a Judge of another Chamber may be called upon to sit in accordance with conditions laid down in the Rules of Procedure.`

Article 20

The following is substituted for the first paragraph of Article 32a of the ECSC Treaty, the first paragraph of Article 166 of the EC Treaty and the first paragraph of Article 138 of the Euratom Treaty:

'The Court of Justice shall be assisted by eight Advocates-General.`

Article 21

The following is substituted for the second and third paragraphs of Article 32b of the ECSC Treaty, the second and third paragraphs of Article 167 of the EC 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. Nine and eight Judges shall be replaced alternately.

Every three years there shall be a partial replacement of the Advocates-General. Four Advocates-General shall be replaced on each occasion.`

CHAPTER 5 The Court of Auditors

Article 22

The following is substituted for Article 45b (1) of the ECSC Treaty, Article 188b (1) of the EC Treaty and Article 160b (1) of the Euratom Treaty:

'1. The Court of Auditors shall consist of 16 members.`

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>

`.

CHAPTER 7 The Committee of the Regions

Article 24

The following is substituted for the second paragraph of Article 198a of the EC Treaty:

'The number of members of the Committee of the Regions shall be as follows:

>TABLE>

`.

CHAPTER 8 The ECSC Consultative Committee

Article 25

The following is substituted for the first paragraph of Article 18 of the ECSC Treaty:

'A Consultative Committee shall be attached to the Commission. It shall consist of not less than 87 and not more than 111 members and shall comprise equal numbers of producers, of workers and of consumers and dealers.`

CHAPTER 9 The Scientific and Technical Committee

Article 26

The following is substituted for the first subparagraph of Article 134 (2) of the Euratom Treaty:

'2. The Committee shall consist of 39 members, appointed by the Council after consultation with the Commission.`

TITLE II OTHER ADJUSTMENTS

Article 27

The following is substituted for Article 227 (1) of the EC Treaty:

'1. This Treaty shall apply to the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Kingdom of Norway, the Republic of Austria, the Portuguese Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland.`

Article 28

The following shall be inserted in Article 227 (5) of the EC Treaty as paragraph (d), in Article 79 of the ECSC Treaty as paragraph (d) and in Article 198 of the Euratom Treaty as paragraph (e):

'This Treaty shall not apply to the Åland islands. The Government of Finland may, however, give notice, by a declaration deposited when ratifying this Treaty with the Government of the Italian Republic, that the Treaty shall apply to the Åland islands in accordance with the provisions set out in Protocol No 2 to the Act concerning the accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union. The Government of the Italian Republic shall transmit a certified copy of any such declaration to the Member States.`

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 necessary 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 169.

PART FOUR TRANSITIONAL MEASURES TITLE I INSTITUTIONAL PROVISIONS

Article 31

1. During the first two years following accession, each of the new Member States shall hold an election to the European Parliament, by direct universal suffrage of their people, of the number of representatives fixed in Article 11 of this Act, in accordance with the provisions of the Act of 20 September 1976 concerning the election of representatives of the European Parliament by direct universal suffrage.

2. From accession and for the period running until each of the elections referred to in paragraph 1, the representatives of the European Parliament of the people of the new Member States shall be appointed by the Parliaments of these States within themselves in accordance with the procedure laid down by each of those States.

3. However, any of the new Member States which so decides may hold elections to the European Parliament during the period between the signature and the entry into force of the Accession Treaty in accordance with Protocol No 8 annexed to this Act.

4. The term of office of the representatives elected under the terms of paragraphs 1 or 3 shall end at the same time as that of the representatives elected in the present Member States for the five-year term 1994-1999.

TITLE II TRANSITIONAL MEASURES CONCERNING NORWAY CHAPTER 1 Free movement of goods Section I Standards and environment

Article 32

1. During a period of four years from the date of accession, the provisions referred to in Annex III shall, in accordance with that Annex and subject to the conditions set out therein, not apply to Norway.

2. The provisions referred to in paragraph 1 shall be reviewed within that period in accordance with EC procedures.

Without prejudice to the outcome of that review, at the end of the transitional period referred to in paragraph 1, the EC acquis will be applicable to the new Member States under the same conditions as in the present Member States.

Section II Miscellaneous

Article 33

During a period of three years from the date of accession, the Kingdom of Norway may continue to apply its present national system for the classification of wood in the rough to the extent that its national legislation and administrative arrangements pertaining thereto do not contravene Community legislation relating to the internal market or trade with third countries, and in particular Article 6 of Directive 68/89/EEC on the approximation of the laws of the Member States concerning the classification of wood in the rough.

During the same period, and in accordance with the procedures laid down in the EC Treaty, Directive 68/89/EEC shall be reviewed.

CHAPTER 2 Free movement of persons, services and capital

Article 34

Notwithstanding the obligations under the Treaties on which the European Union is founded, the Kingdom of Norway may maintain its existing legislation regarding secondary residences for five years from the date of accession.

Article 35

The Kingdom of Norway may, for three years from the date of accession, continue to apply restrictions on ownership by non-nationals of Norwegian fishing vessels.

CHAPTER 3 Fisheries Section I General provisions

Article 36

1. Unless any provision of this Chapter stipulates otherwise, the rules laid down by this Act shall apply to the fisheries sector.

2. Articles 148 and 149 shall apply to fishery products.

Section II Access to waters and resources

Article 37

Unless any provision of this Chapter stipulates otherwise, the arrangements for access to waters laid down in this Section shall apply during a transitional period the end of which shall be marked by the date of implementation of the Community fishing permit system and which will not in any event be later than the date of expiry of the period laid down in Article 14 (2) of Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture.

Subsection I Norwegian vessels

Article 38

For the purposes of their integration into the Community system for fisheries and aquaculture set up by Regulation (EEC) No 3760/92, access to the waters falling under the sovereignty or within the jurisdiction of the present Member States by vessels flying the flag of Norway and recorded and/or registered in a Norwegian port, hereinafter referred to as 'Norwegian vessels`, shall be subject to the system defined in this Subsection.

From the date of Accession, that access regime will ensure that Norway will maintain the fishing possibilities as set out in Article 44.

Article 39

1. Until the date of integration of the specific arrangements laid down in Articles 156 to 165 and 347 to 352 of the Act of Accession of Spain and Portugal into the general rules of the Common Fisheries Policy as established by Regulation (EEC) No 3760/92, only 441 Norwegian vessels, given in Annex IV, hereinafter referred to as 'the basic list`, may be authorized to fish in ICES Divisions V b, VI and VII. During the period from the date of accession to 31 December 1995, the zone situated to the south of latitude 56° 30'N, to the east of longitude 12°W and to the north of latitude 50° 30'N is closed for fisheries other than by longliners.

2. Only 165 standard vessels for fishing for demersal species, taken from the basic list, shall be authorized to fish at the same time, provided that they appear on a periodical list adopted by the Commission.

3. 'Standard vessel` means a vessel having a break horse-power equal to 511 kilowatts (kW). The conversion rates for vessels having a different engine power shall be as follows:

- less than 219 kW:0,57,

- equal to or more than 219 kW, but less than 292 kW:0,76,

- equal to or more than 292 kW, but less than 365 kW:0,85,

- equal to or more than 365 kW, but less than 438 kW:0,90,

- equal to or more than 438 kW, but less than 511 kW:0,96,

- equal to or more than 511 kW, but less than 584 kW:1,00,

- equal to or more than 584 kW, but less than 730 kW:1,07,

- equal to or more than 730 kW, but not more than 876 kW:1,11,

- more than 876 kW:2,25,

- longliners: 1,00,

- longliners equipped with gear allowing the automatic baiting or mechanical lifting of long lines: 2,00.

4. Only 60 vessels shall be authorized for fishing for pelagic species at the same time for the period 1 December to 31 May, and 30 vessels for the period 1 June to 30 November.

5. Any adjustments to the basic list resulting from the laying-up, before accession, of a vessel for reasons of 'force majeure` shall be adopted at the latest by 1 January 1995 according to the procedure of Article 18 of Regulation (EEC) No 3760/92. These adjustments may not affect the number of vessels and their allocation between each of the categories, nor bring about an increase in overall tonnage or total power for each category. Further, Norwegian vessels designated as replacements may be chosen only from among those listed in Annex V.

6. The number of standard vessels referred to in paragraph 2 may be increased on the basis of the development of fishing possibilities allocated to Norway for stocks subject to limitations on the rate of exploitation within the meaning of Article 8 of Regulation (EEC) No 3760/92 in accordance with the procedure laid down in Article 8 (4) of that Regulation.

7. As and when vessels referred to in the basic list are laid up or scrapped and deleted from the basic list after accession, they may be replaced by vessels of the same category having an engine power not exceeding that of the vessels thus deleted.

The conditions of replacement referred to in the preceding subparagraph shall apply only insofar as the capacity of the fleet of the present Member States is not increased in the Community waters of the Atlantic.

8. Provisions aimed at ensuring that operators comply with rules, including those aimed at the possibility of not authorizing the vessel concerned to fish for a certain period, shall be adopted before 1 January 1995 under the procedure provided for in Article 8 (4) of Regulation (EEC) No 3760/92.

Article 40

1. After the date of integration of the specific arrangements laid down in Articles 156 to 165 and 347 to 352 of the Act of Accession of Spain and Portugal into the general rules of the Common Fisheries Policy as established by Regulation (EEC) No 3760/92 and until the date of application of the Community fishing permit system, Norwegian vessels shall be authorized to fish in the waters covered by Article 39, under the conditions adopted by the Council and in accordance with the procedure laid down in Article 8 (4) of Regulation (EEC) No 3760/92.

2. The access laid down in paragraph 1 shall be regulated in the same way as that applicable to vessels flying the flag of a Member State of the Union as at present constituted, hereinafter referred to as 'vessels of the Union as at present constituted`, in Community waters north of 62°N.

Article 41

Upon the date of accession and until the date of application of the Community fishing permit system, Norwegian vessels shall be authorized to fish in waters falling under the sovereignty or within the jurisdiction of the Member States of the Union as at present constituted, in ICES Divisions II a, III a (Skagerrak) (1) and IV, under conditions identical to those applicable immediately prior to the entry into force of the Accession Treaty and as laid down by the relevant provisions of Council Regulation (EC) No 3691/93.

Article 42

The technical procedures which prove necessary in order to ensure the application of Articles 39, 40 and 41 shall be adopted before 1 January 1995, according to the procedure provided for in Article 18 of Regulation (EEC) No 3760/92.

Article 43

Upon the date of accession and until the date of application of the Community fishing permit system, Norwegian vessels shall be authorized to fish in waters falling under the sovereignty or within the jurisdiction of Sweden in ICES Division IIIa (Skagerrak), under conditions identical to those applicable immediately prior to the entry into force of the Accession Treaty.

Detailed rules for implementing this Article shall be adopted by 1 January 1995 under the procedure laid down under Article 18 of Regulation (EEC) No 3760/92.

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.

Subsection II Vessels of the Union as at present constituted

Article 45

As from the date of accession and until the date of application of the Community fishing permit system, all provisions concerning fishing by vessels of the Union as at present constituted in waters falling under the sovereignty or within the jurisdiction of Norway north of 62°N, shall be identical to those applicable immediately prior to entry into force of the Accession Treaty.

The implementing rules to this Article shall be adopted by 1 January 1995 in accordance with the procedure laid down in Article 18 of Regulation (EEC) No 3760/92.

Article 46

As from the date of accession and until the date of application of the Community fishing permit system, vessels of the Union as at present constituted shall be authorized to fish, in waters falling under the sovereignty or within the jurisdiction of Norway, in ICES Divisions IIIa and IV, under conditions identical to those applicable immediately prior to entry into force of the Accession Treaty.

The implementing rules to this Article shall be adopted by 1 January 1995 in accordance with the procedure laid down in Article 18 of Regulation (EEC) No 3760/92.

Article 47

1. The share of Community fishing opportunities in waters falling under the sovereignty or within the jurisdiction of Norway on stocks other than those at present managed jointly by the Union and Norway, and subject to catch limits, to be allocated to the Union as at present constituted, shall be fixed as follows by species and zone:

>TABLE>

2. The fishing opportunities allocated to the Union as at present constituted 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 the Union as at present constituted in waters falling under the sovereignty or within the jurisdiction of Norway of species not subject to limits on exploitation rates in the form of catch limits 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 the waters falling under the sovereignty or within the jurisdiction of Norway the levels of fishing effort by vessels of the Union as at present constituted for non-regulated and non-allocated species may not exceed the levels reached immediately before the entry into force of the Accession Treaty.

Subsection III Other provisions

Article 48

1. Except where otherwise specified in the present Act, the conditions, including the geographical framework and the traditional fishing patterns, under which the allocations made in Articles 44 and 47 can be fished by Norway in the waters of the Community as at present constituted and by the Union as at present constituted in Norwegian waters, will remain identical to those applicable immediately prior to the entry in force of the Accession Treaty.

2. These conditions shall be fixed for the first time before 1 January 1995, in accordance with Article 8 (4) of Regulation (EEC) No 3760/92.

Article 49

Until 30 June 1998 Norway shall be authorized to set the levels of the rates of exploitation in the form of catch limitations for resources located in the waters falling under its sovereignty or within its jurisdiction north of 62°N, with the exception of mackerel.

The full integration of the management of those resources into the Common Fisheries Policy after that date shall be based on the existing management regime as reflected in the Joint Declaration on the management of fisheries resources in waters north of 62°N.

Article 50

1. During a period of one year from the date of accession, in the waters falling under the sovereignty or within the jurisdiction of Norway, the technical measures applicable immediately before the entry into force of the Accession Treaty shall be maintained with regard to all vessels of the Union.

2. During a period of three years from the date of accession, in waters under the sovereignty or within the jurisdiction of Norway situated north of 62°N, the competent Norwegian authorities shall be authorized to adopt measures temporarily prohibiting certain types of fishing in biologically sensitive zones for reasons of stock conservation, to apply to all vessels concerned.

3. During a period of three years, for vessels of the Union fishing in waters under the sovereignty or jurisdiction of Norway all catches shall be maintained on board in Norwegian waters.

4. During a period of three years, for vessels of the Union fishing in waters under the sovereignty or jurisdiction of Norway, catches of species subject to catch limitations for which fishing is closed shall be maintained on board in Norwegian waters.

5. Before the end of the transitional periods mentioned in paragraphs 1, 2, 3 and 4, in accordance with the procedure provided for in Article 4 (1) of Regulation (EEC) No 3760/92, the Council shall take a decision on the technical measures applicable in the waters falling under the sovereignty or within the jurisdiction of Norway for all vessels of the Union with a view to maintaining or developing existing measures.

Article 51

Without prejudice to the provisions of Council Regulation (EEC) 2847/93, Norway may maintain national control measures existing immediately before the entry into force of the Accession Treaty and apply them to all vessels of the Union:

- for a period of three years from the date of accession, in the waters falling under its sovereignty or within its jurisdiction which are situated north of 62°N;

- for a period of one year from the date of accession, in the waters falling under its sovereignty or within its jurisdiction which are situated south of 62°N.

Before the end of these transitional periods, in accordance with the procedure provided for in Article 43 of the EC Treaty, the Council shall take a decision on the control measures applicable in the waters falling under the sovereignty or within the jurisdiction of Norway for all vessels of the Union with a view to maintaining or developing existing measures.

Section III External resources

Article 52

1. As from accession, the fisheries agreements concluded by the Kingdom of Norway with third countries shall be managed by the Community .

However, until 30 June 1998, the agreement with Russia of 15 October 1976 on mutual fishing relations shall be managed by the Kingdom of Norway in close association with the Commission.

2. The rights and obligations resulting for the Kingdom of Norway from the agreements referred to in paragraph 1 shall not be affected during the period in which the provisions of these agreements are provisionally maintained.

3. As soon as possible, and in any event before the expiry of the agreements referred to in paragraph 1, the appropriate decisions for the continuation of fishing possibilities shall be adopted in each case by the Council, acting by a qualified majority on a proposal from the Commission, including the possibility of extending certain agreements for periods not exceeding one year.

4. Where, by virtue of existing agreements concluded by the Community with third countries, in particular with Greenland, Norway has derived fishing possibilities prior to the date of accession, these will be maintained on the basis of Community principles, including the principle of relative stability.

Section IV Arrangements applicable to trade

Article 53

1. For a period of four years from the date of accession, the following fishery products, namely, salmon, herring, mackerel, shrimps, scallops, Norway lobster, redfish and trout, coming from Norway and for consignment to the other Member States, shall be subject to a trade monitoring system.

2. This system, managed by the Commission, shall stipulate indicative ceilings allowing for unhampered trade up to the ceilings. It will be based on dispatch documents issued by the country of origin. In the event of the ceilings being exceeded or of serious market disturbances, the Commission may take the appropriate measures in accordance with established Community practice. Such measures shall under no circumstances be more stringent than those applied to imports from third countries.

3. The Council acting by a qualified majority on a proposal from the Commission shall adopt, before 1 January 1995, the procedure for applying this Article.

CHAPTER 4 External relations including customs union

Article 54

The acts listed in Annex VI to this Act shall apply in respect of Norway under the conditions laid down in that Annex.

Article 55

The basic duty used for the moves towards alignment on the Common Customs Tariff provided for in Article 56 shall, for each product, be the duty actually applied by the Kingdom of Norway on 1 January 1994.

Article 56

The Kingdom of Norway may maintain, for a period of three years after accession, its customs tariff applicable to third countries for the products referred to in Annex VII.

During this period, the Kingdom of Norway shall reduce the difference between its basic duty and the duty in the Common Customs Tariff in accordance with the following timetable:

- on 1 January 1996, each difference between the basic duty and the CCT duty shall be reduced to 75 %;

- on 1 January 1997, each difference between the basic duty and the CCT duty shall be reduced to 40 %.

The Kingdom of Norway shall apply in full the Common Customs Tariff from 1 January 1998.

Article 57

1. As from 1 January 1995, the Kingdom of Norway shall apply:

(a) the Arrangement of 20 December 1973 regarding International Trade in Textiles as amended or extended by the Protocols of 31 July 1986, 31 July 1991, 9 December 1992 and 9 December 1993 or the Agreement on Textiles and Clothing resulting from the Uruguay Round GATT trade negotiations, if the latter is in force at the date of accession;

(b) the bilateral textile agreements and arrangements concluded by the Community with third countries.

2. Protocols to the bilateral agreements and arrangements referred to in paragraph 1 shall be negotiated by the Community with the third countries concerned in order to provide for an appropriate adjustment of the quantitative restrictions on exports of textile and clothing products to the Community.

3. Should the protocols referred to in paragraph 2 not have been concluded by 1 January 1995, the Community shall take measures designed to deal with this situation and concerning the necessary transitional adjustments to ensure that the agreements are implemented by the Community.

Article 58

1. The Kingdom of Norway may open a yearly duty free tariff quota for styrene (CN code 2902 50 00) of 21 000 tonnes until 31 December 1999, provided that the goods in question:

- are released for free circulation in the territory of Norway and are consumed there or undergo processing conferring Community origin there, and

- remain under customs supervision pursuant to the relevant Community provisions on end-use (Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code, Articles 21 and 82).

2. The provisions of paragraph 1 shall be applicable only if a licence issued by the relevant Norwegian authorities stating that the goods in question fall within the scope of the provisions contained in paragraph 1 is submitted in support of the declaration of entry for release for free circulation.

3. The Commission and the competent Norwegian authorities shall take whatever measures are needed to ensure that the final consumption of the product in question, or the processing by which it acquires Community origin, takes place in the territory of Norway.

Article 59

1. As from 1 January 1995, the Kingdom of Norway shall apply the provisions of the Agreements referred to in Article 60.

2. Any adjustments shall be the subject of protocols concluded with the co-contracting countries and annexed to those Agreements.

3. Should the protocols referred to in paragraph 2 not have been concluded by 1 January 1995, the Community shall take the necessary measures to deal with that situation on accession.

Article 60

Article 59 shall apply to:

- the Agreements concluded with Andorra, Algeria, Bulgaria, the former Czech and Slovak Federal Republic and its successor states (the Czech Republic and the Slovak Republic), Cyprus, Egypt, Hungary, Iceland, Israel, Jordan, Lebanon, Malta, Morocco, Poland, Romania, Slovenia, Switzerland, Syria, Tunisia and Turkey and to other Agreements concluded with third countries and concerning exclusively trade in the products listed in Annex II to the EC Treaty;

- the fourth ACP/EEC Convention, signed on 15 December 1989;

- other similar agreements which might be concluded before accession.

Article 61

With effect from 1 January 1995, the Kingdom of Norway shall withdraw, inter alia, from the Convention establishing the European Free-Trade Association signed on 4 January 1960 and from the Free-Trade Agreements signed with Estonia, Latvia and Lithuania in 1992.

Article 62

If the new trade agreements to be concluded between the Community and Estonia, Latvia and Lithuania have not entered into force by the date of accession, the Community shall take the necessary measures to allow on accession the continuation of the prevailing level of access to the Norwegian market, of products originating in those Baltic States.

CHAPTER 5 Financial and budgetary provisions

Article 63

Any reference to the Council Decision on the system of the Communities' own resources shall be understood as referring to the Council Decision of 24 June 1988 as from time to time amended or to any Decision replacing it.

Article 64

The revenue designated as 'Common Customs Tariff duties and other duties` referred to in Article 2 (1) (b) of the Council Decision on the system of the Communities' own resources, or the corresponding provision in any Decision replacing it, shall include the customs duties calculated on the basis of the rates resulting from the Common Customs Tariff and any tariff concession relating thereto applied by the Community in Norway's trade with third countries.

Article 65

Own resources accruing from VAT shall be calculated and checked as though investment tax were not applied. To that end, the Kingdom of Norway shall, upon accession, implement the procedures necessary to ensure that annual revenue derived from VAT and annual revenue derived from investment tax is accurately entered in the accounts.

Article 66

On the first working day of each month the Community shall pay the Kingdom of Norway, as an item of expenditure under the general budget of the European Communities, one twelfth of the following amounts:

- ECU 201 million in 1995,

- ECU 128 million in 1996,

- ECU 52 million in 1997,

- ECU 26 million in 1998.

Article 67

The Kingdom of Norway's share in the financing of the payments still to be made after its accession on commitments contracted under Article 82 of the Agreement on the European Economic Area shall be borne by the general budget of the European Communities.

Article 68

The Kingdom of Norway's share in the financing of the financial mechanism provided for in Article 116 of the Agreement on the European Economic Area shall be borne by the general budget of the European Communities.

TITLE III TRANSITIONAL MEASURES CONCERNING AUSTRIA CHAPTER 1 Free movement of goods Sole section Standards and environment

Article 69

1. During a period of four years from the date of accession, the provisions referred to in Annex VIII, shall, in accordance with that Annex and subject to the conditions set out therein, not apply to Austria.

2. The provisions referred to in paragraph 1 shall be reviewed within that period in accordance with EC procedures.

Without prejudice to the outcome of that review, at the end of the transitional period referred to in paragraph 1, the EC acquis will be applicable to the new Member States under the same conditions as in the present Member States.

CHAPTER 2 Free movement of persons, services and capital

Article 70

Notwithstanding the obligations under the Treaties on which the European Union is founded, the Republic of Austria may maintain its existing legislation regarding secondary residences for five years from the date of accession.

CHAPTER 3 Competition policy

Article 71

1. Without prejudice to paragraphs 2 and 3 of this Article, the Republic of Austria shall progressively adjust as from the date of accession its monopoly of manufactured tobacco of a commercial character within the meaning of Article 37 (1) of the EC Treaty so as to ensure that, at the latest three years from the date of accession, no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of Member States.

2. As regards the products set out in the list in Annex IX, the exclusive import right shall be abolished at latest on expiry of a period of three years from the date of accession. Abolition of that exclusive right shall be carried out by the progressive opening, as from the date of accession, of quotas for the import of products from Member States. At the beginning of each of the three years under consideration, the Republic of Austria shall open a quota calculated on the basis of the following percentages of national consumption: 15 % for the first year, 40 % for the second year, 70 % for the third year. The volumes corresponding to the percentages for the three years are given in the list in Annex IX.

The quotas referred to in the preceding subparagraph shall be open to all operators, without restriction, and products imported under those quotas may not, in the Republic of Austria, be subject to an exclusive marketing right at wholesale trade level; as regards retail sale of products imported under quotas, disposal of such products to consumers must be carried out in a non-discriminatory manner.

3. At the latest one year after its accession, the Republic of Austria shall set up an independent authority with responsibility for granting authorizations for conducting retail trade, in accordance with the EC Treaty.

Article 72

Until 1 January 1996, the Republic of Austria may maintain, in respect of other Member States, the customs duties and licensing arrangements which it applied on the date of its accession to spirituous beverages and undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol falling within heading 22.08 of the HS. Any such licensing arrangements must be applied in a non-discriminatory manner.

CHAPTER 4 External relations including Customs Union

Article 73

The acts listed in Annex VI to this Act shall apply in respect of Austria under the conditions laid down in that Annex.

Article 74

The Republic of Austria may, until 31 December 1996, maintain with respect to the Republic of Hungary, the Republic of Poland, the Slovak Republic, the Czech Republic, Romania and Bulgaria, the import restrictions which it applied on 1 January 1994 in respect of lignite falling under code 27 02 10 00 of the Combined Nomenclature.

The necessary adaptations will be made to the Europe Agreements and, where applicable, to the Interim Agreements concluded with those countries in accordance with Article 76.

Article 75

1. As from 1 January 1995, the Republic of Austria shall apply:

(a) the Arrangement of 20 December 1973 regarding International Trade in Textiles as amended or extended by the Protocols of 31 July 1986, 31 July 1991, 9 December 1992 and 9 December 1993 or the Agreement on Textiles and Clothing resulting from the Uruguay Round GATT trade negotiations, if the latter is in force at the date of accession;

(b) the bilateral textile agreements and arrangements concluded by the Community with third countries.

2. Protocols to the bilateral agreements and arrangements referred to in paragraph 1 shall be negotiated by the Community with the third countries concerned in order to provide for an appropriate adjustment of the quantitative restrictions on exports of textile and clothing products to the Community.

3. Should the protocols referred to in paragraph 2 not have been concluded by 1 January 1995, the Community shall take measures designed to deal with this situation and concerning the necessary transitional adjustments to ensure that the agreements are implemented by the Community.

Article 76

1. As from 1 January 1995, the Republic of Austria shall apply the provisions of the Agreements referred to in Article 77.

2. Any adjustments shall be the subject of protocols concluded with the co-contracting countries and annexed to those Agreements.

3. Should the protocols referred to in paragraph 2 not have been concluded by 1 January 1995, the Community shall take the necessary measures to deal with that situation on accession.

Article 77

Article 76 shall apply to:

- the Agreements concluded with Andorra, Algeria, Bulgaria, the former Czech and Slovak Federal Republic and its successor states (the Czech Republic and the Slovak Republic), Cyprus, Egypt, Hungary, Iceland, Israel, Jordan, Lebanon, Malta, Morocco, Poland, Romania, Slovenia, Switzerland, Syria, Tunisia and Turkey and to other Agreements concluded with third countries and concerning exclusively trade in the products listed in Annex II to the EC Treaty;

- the fourth ACP/EEC Convention, signed on 15 December 1989;

- other similar agreements which might be concluded before accession.

Article 78

With effect from 1 January 1995, the Republic of Austria shall withdraw, inter alia, from the Convention establishing the European Free-Trade Association signed on 4 January 1960.

CHAPTER 5 Financial and budgetary provisions

Article 79

Any reference to the Council Decision on the system of the Communities' own resources shall be understood as referring to the Council Decision of 24 June 1988 as from time to time amended or to any Decision replacing it.

Article 80

The revenue designated as 'Common Customs Tariff duties and other duties` referred to in Article 2 (1) (b) of the Council Decision on the system of the Communities' own resources, or the corresponding provision in any Decision replacing it, shall include the customs duties calculated on the basis of the rates resulting from the Common Customs Tariff and any tariff concession relating thereto applied by the Community in Austria's trade with third countries.

Article 81

On the first working day of each month the Community shall pay the Republic of Austria, as an item of expenditure under the general budget of the European Communities, one twelfth of the following amounts:

- ECU 583 million in 1995,

- ECU 106 million in 1996,

- ECU 71 million in 1997,

- ECU 35 million in 1998.

Article 82

The Republic of Austria's share in the financing of the payments still to be made after its accession on commitments contracted under Article 82 of the Agreement on the European Economic Area shall be borne by the general budget of the European Communities.

Article 83

The Republic of Austria's share in the financing of the financial mechanism provided for in Article 116 of the Agreement on the European Economic Area shall be borne by the general budget of the European Communities.

TITLE IV TRANSITIONAL MEASURES CONCERNING FINLAND CHAPTER 1 Free movement of goods Section 1 Standards and environment

Article 84

1. During a period of four years from the date of accession, the provisions referred to in Annex X, shall, in accordance with that Annex and subject to the conditions set out therein, not apply to Finland.

2. The provisions referred to in paragraph 1 shall be reviewed within that period in accordance with EC procedures.

Without prejudice to the outcome of that review, at the end of the transitional period referred to in paragraph 1 the EC acquis will be applicable to the new Member States under the same conditions as in the present Member States.

Section 2 Miscellaneous

Article 85

During a period of three years from the date of accession, the Republic of Finland may continue to apply its present national system for the classification of wood in the rough to the extent that its national legislation and administrative arrangements pertaining thereto do not contravene Community legislation relating to the internal market or trade with third countries, and in particular Article 6 of Directive 68/89/EEC on the approximation of the laws of the Member States concerning the classification of wood in the rough.

During the same period, and in accordance with the procedures laid down in the EC Treaty, Directive 68/89/EEC shall be reviewed.

CHAPTER 2 Free movement of persons, services and capital

Article 86

In derogation from Article 73b of the EC Treaty, the Republic of Finland may apply until 31 December 1995 the provisions of Law No 1612 of 30 December 1992 concerning the acquisition of Finnish undertakings by foreigners.

Article 87

Notwithstanding the obligations under the Treaties on which the European Union is founded, the Republic of Finland may maintain its existing legislation regarding secondary residences for five years from the date of accession.

CHAPTER 3 Fisheries Section I General provisions

Article 88

1. Unless any provision of this chapter stipulates otherwise, the rules laid down by this Act shall apply to the fisheries sector.

2. Articles 148 and 149 shall be applicable to fishery products.

Section II Access to waters and resources

Article 89

Unless any provision of this Chapter stipulates otherwise, the arrangements for access laid down in this section shall apply during a transitional period the end of which shall be marked by the date of implementation of the Community fishing permit system and which will in not in any event be later than the date of expiry of the period laid down in Article 14 (2) of Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture.

Subsection I Finnish vessels

Article 90

For the purposes of their integration into the Community system for fisheries and aquaculture set up by Regulation (EEC) No 3760/92, access to the waters falling under the sovereignty or within the jurisdiction of the Member States of the Union as at present constituted by fishing vessels flying the flag of Finland and recorded and/or registered in a Finnish port, hereinafter called 'Finnish vessels`, shall be subject to the system laid down in this Subsection.

Article 91

As from the date of accession and until the date of application of the Community fishing permit system, Finnish vessels shall be authorized to fish in waters falling under the sovereignty or within the jurisdiction of the Member States of the Union as at present constituted, in ICES Division IIId under conditions identical to those applicable immediately before the entry into force of the Accession Treaty.

Article 92

The technical procedures which prove necessary with a view to ensuring the application of Article 91 shall be adopted before 1 January 1995, in accordance with the procedure provided for in Article 18 of Regulation (EEC) No 3760/92.

Article 93

As from the date of accession and until the date of application of the Community fishing permit system, Finnish vessels shall be authorized to fish in the waters falling under the sovereignty or within the jurisdiction of Sweden, under conditions identical to those applicable immediately before the entry into force of the Accession Treaty.

The detailed rules for implementing this Article shall be adopted before 1 January 1995 under the procedure laid down in Article 18 of Regulation (EEC) No 3760/92.

Article 94

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

>TABLE>

2. The shares allocated to Finland shall be set in accordance with Article 8 (4) of Regulation (EEC) No 3760/92, for the first time before 31 December 1994.

3. Until the date of application of the Community fishing permit system and by 31 December 1997 at the latest, in the waters of the Community as at present constituted, covered by Article 91, the levels of fishing activity by Finnish vessels for non-regulated and non-allocated species may not exceed the levels attained immediately before the entry into force of the Accession Treaty.

Subsection II Vessels of the Union as at present constituted

Article 95

As from the date of accession and until the date of application of the Community fishing permit system, vessels flying the flag of a Member State of the Union as at present constituted shall be authorized to fish, in the waters falling under the sovereignty or within the jurisdiction of Finland, under conditions identical to those applicable immediately before the entry into force of the Accession Treaty.

The detailed rules for applying this Article shall be adopted before 1 January 1995 according to the procedure provided for in Article 18 of Regulation (EEC) No 3760/92.

Section III External resources

Article 96

1. As from the date of accession, fisheries agreements concluded by the Republic of Finland with third countries shall be managed by the Community.

2. The rights and obligations resulting for the Republic of Finland from the agreements referred to in paragraph 1 shall not be affected during the period in which the provisions of these agreements are provisionally maintained.

3. As soon as possible, and in any event before the agreements referred to in paragraph 1 expire, appropriate decisions for the continuation of fishing activities resulting therefrom shall be adopted in each case by the Council acting by a qualified majority on a proposal from the Commission, including the possibility of extending certain agreements for periods not exceeding one year.

CHAPTER 4 External relations including customs union

Article 97

The acts listed in Annex VI to this Act shall apply in respect of Finland under the conditions laid down in that Annex.

Article 98

The basic duty used for the moves towards alignment on the Common Customs Tariff provided for in Article 99 shall, for each product, be the duty actually applied by the Republic of Finland on 1 January 1994.

Article 99

The Republic of Finland may maintain, for a period of three years after accession, its customs tariff applicable to third countries for the products referred to in Annex XI.

During this period, the Republic of Finland shall reduce the difference between its basic duty and the duty in the Common Customs Tariff in accordance with the following timetable:

- on 1 January 1996, each difference between the basic duty and the CCT duty shall be reduced to 75 %;

- on 1 January 1997, each difference between the basic duty and the CCT duty shall be reduced to 40 %;

The Republic of Finland shall apply in full the Common Customs Tariff from 1 January 1998.

Article 100

1. As from 1 January 1995, the Republic of Finland shall apply:

(a) the Arrangement of 20 December 1973 regarding International Trade in Textiles as amended or extended by the Protocols of 31 July 1986, 31 July 1991, 9 December 1992 and 9 December 1993 or the Agreement on Textiles and Clothing resulting from the Uruguay Round GATT trade negotiations, if the latter is in force on the date of accession;

(b) the bilateral textile agreements and arrangements concluded by the Community with third countries.

2. Protocols to the bilateral agreements and arrangements referred to in paragraph 1 shall be negotiated by the Community with the third countries concerned in order to provide for an appropriate adjustment of the quantitative restrictions on exports of textile and clothing products to the Community.

3. Should the protocols referred to in paragraph 2 not have been concluded by 1 January 1995, the Community shall take measures designed to deal with this situation and concerning the necessary transitional adjustments to ensure that the agreements are implemented by the Community.

Article 101

1. The Republic of Finland may open a yearly duty free tariff quota for styrene (CN code 2902 50 00) of 21 000 tonnes until 31 December 1999, provided that the goods in question:

- are released for free circulation in the territory of Finland and are consumed there or undergo processing conferring Community origin there, and

- remain under customs supervision pursuant to the relevant Community provisions on end-use (Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code, Articles 21 and 82).

2. The provisions of paragraph 1 shall be applicable only if a licence issued by the relevant Finnish authorities stating that the goods in question fall within the scope of the provisions contained in paragraph 1 is submitted in support of the declaration of entry for release for free circulation.

3. The Commission and the competent Finnish authorities shall take whatever measures are needed to ensure that the final consumption of the product in question, or the processing by which it acquires Community origin, takes place in the territory of Finland.

Article 102

1. As from 1 January 1995, the Republic of Finland shall apply the provisions of the Agreements referred to in Article 103.

2. Any adjustments shall be the subject of protocols concluded with the co-contracting countries and annexed to those Agreements.

3. Should the protocols referred to in paragraph two not have been concluded by 1 January 1995, the Community shall take the necessary measures to deal with that situation on accession.

Article 103

Article 102 shall apply to:

- the Agreements concluded with Andorra, Algeria, Bulgaria, the former Czech and Slovak Federal Republic and its successor states (the Czech Republic and the Slovak Republic), Cyprus, Egypt, Hungary, Iceland, Israel, Jordan, Lebanon, Malta, Morocco, Poland, Romania, Slovenia, Switzerland, Syria, Tunisia and Turkey and to other Agreements concluded with third countries and concerning exclusively trade in the products listed in Annex II to the EC Treaty;

- the fourth ACP/EEC Convention, signed on 15 December 1989;

- other similar agreements which might be concluded before accession.

Article 104

With effect from 1 January 1995, the Republic of Finland shall withdraw, inter alia, from the Convention establishing the European Free-Trade Association signed on 4 January 1960 and from the Free-Trade Agreements signed with Estonia, Latvia and Lithuania in 1992.

Article 105

If the new trade agreements to be concluded between the Community and Estonia, Latvia and Lithuania have not entered into force by the date of accession, the Community shall take the necesary measures to allow on accession the continuation of the prevailing level of access to the Finnish market of products originating in those Baltic States.

CHAPTER 5 Financial and budgetary provisions

Article 106

Any reference to the Council Decision on the system of the Communities' own resources shall be understood as referring to the Council Decision of 24 June 1988 as from time to time amended or to any Decision replacing it.

Article 107

The revenue designated as 'Common Customs Tariff duties and other duties` referred to in Article 2 (1) (b) of the Council Decision on the system of the Communities' own resources or the corresponding provision in any Decision replacing it, shall include the customs duties calculated on the basis of the rates resulting from the Common Customs Tariff and any tariff concession relating thereto applied by the Community in Finland's trade with third countries.

Article 108

Own resources accruing from VAT shall be calculated and checked as though the Åland Islands were included in the territorial scope of the Sixth Council Directive, 77/388/EEC, of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes - Common system of value added tax: uniform basis of assessment.

Article 109

On the first working day of each month the Community shall pay the Republic of Finland, as an item of expenditure under the general budget of the European Communities, one twelfth of the following amounts:

- ECU 476 million in 1995,

- ECU 163 million in 1996,

- ECU 65 million in 1997,

- ECU 33 million in 1998.

Article 110

The Republic of Finland's share in the financing of the payments still to be made after its accession on commitments contracted under Article 82 of the Agreement on the European Economic Area shall be borne by the general budget of the European Communities.

Article 111

The Republic of Finland's share in the financing of the financial mechanism provided for in Article 116 of the Agreement on the European Economic Area shall be borne by the general budget of the European Communities.

TITLE V TRANSITIONAL MEASURES CONCERNING SWEDEN CHAPTER 1 Free movement of goods Section I Standards and environment

Article 112

1. During a period of four years from the date of accession, the provisions referred to in Annex XII, shall, in accordance with that Annex and subject to the conditions set out therein, not apply to Sweden.

2. The provisions referred to in paragraph 1 shall be reviewed within that period in accordance with EC procedures.

Without prejudice to the outcome of that review, at the end of the transitional period referred to in paragraph 1 the EC acquis will be applicable to the new Member States under the same conditions as in the present Member States.

Section II Miscellaneous

Article 113

During a period of three years from the date of accession, the Kingdom of Sweden may continue to apply its present national system for the classification of wood in the rough to the extent that its national legislation and administrative arrangements pertaining thereto do not contravene Community legislation relating to the internal market or trade with third countries, and in particular Article 6 of Directive 68/89/EEC on the approximation of the laws of the Member States concerning the classification of wood in the rough.

During the same period, and in accordance with the procedures laid down in the EC Treaty, Directive 68/89/EEC shall be reviewed.

CHAPTER 2 Free movement of persons, services and capital

Article 114

Notwithstanding the obligations under the Treaties on which the European Union is founded, the Kingdom of Sweden may maintain its existing legislation regarding secondary residences for five years from the date of accession.

CHAPTER 3 Fisheries Section I General provisions

Article 115

1. Unless any provision of this Chapter stipulates otherwise, the rules laid down by this Act shall apply to the fisheries sector.

2. Articles 148 and 149 shall be applicable to fishery products.

Section II Access to waters and resources

Article 116

Unless any provision of this Chapter stipulates otherwise, the arrangements for access laid down in this Section shall apply during a transitional period the end of which shall be marked by the date of implementation of the Community fishing permit system and which will not in any event be later than the date of expiry of the period laid down in Article 14 (2) of Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture.

Subsection I Swedish vessels

Article 117

For the purposes of their integration into the Community system for fisheries and aquaculture set up by Regulation (EEC) No 3760/92, access to the waters under the sovereignty or jurisdiction of the Member States of the Union as at present constituted by fishing vessels flying the flag of Sweden and recorded or registered in a Swedish port, hereinafter called 'Swedish vessels`, shall be subject to the regime laid down in this Subsection.

Article 118

As from the date of accession and until the date of application of the Community fishing permit system, Swedish vessels shall be authorized to fish in waters falling under the sovereignty or within the jurisdiction of the Member States of the Union as at present constituted, in ICES Divisions III and IV, under conditions identical to those applicable immediately before the entry into force of the Accession Treaty and laid down by the relevant provisions of Regulation (EC) No 3682/93.

Article 119

The technical procedures which prove necessary with a view to ensuring the application of Article 118 shall be adopted before 1 January 1995, in accordance with the procedure provided for in Article 18 of Regulation (EEC) No 3760/92.

Article 120

As from the date of accession and until the date of application of the Community fishing permit system, Swedish vessels shall be authorized to fish in the waters falling under the sovereignty or within the jurisdiction of Finland and Norway in ICES Divisions III and IV under conditions identical to those applicable immediately before the entry into force of the Accession Treaty.

The detailed rules for applying this Article shall be adopted before 1 January 1995 according to the procedure provided for in Article 18 of Regulation (EEC) No 3760/92.

Article 121

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

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2. The shares allocated to Sweden shall be set in accordance with Article 8 (4) of Regulation (EEC) No 3760/92, for the first time before 31 December 1994.

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

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4. Until the date of application of the Community fishing permit system and by 31 December 1997 at the latest, in the Community waters, covered by Article 117, the levels of fishing activity by Swedish vessels for non-regulated and non-allocated species may not exceed the levels attained immediately before the entry into force of the Accession Treaty.

Article 122

1. Except where otherwise specified in this Act, the conditions under which the allocations made in Article 121 can be fished will remain identical to those applicable immediately prior to the entry in force of the Accession Treaty.

2. These conditions shall be fixed for the first time before 1 January 1995, in accordance with Article 8 (4) of Regulation (EEC) No 3760/92.

Subsection II Vessels of the Union as at present constituted

Article 123

As from the date of accession and until the date of application of the Community fishing permit system, vessels flying the flag of a Member State of the Union as at present constituted shall be authorized to fish, in the waters falling within the sovereignty or under the jurisdiction of Sweden, in ICES Divisions III a, b and d under conditions identical to those applicable immediately before the entry into force of the Accession Treaty.

The detailed rules for applying this Article shall be adopted before 1 January 1995 according to the procedure provided for in Article 18 of Regulation (EEC) No 3760/92.

Section III External resources

Article 124

1. As from the date of accession, fisheries agreements concluded by the Kingdom of Sweden with third countries shall be managed by the Community.

2. The rights and obligations resulting for the Kingdom of Sweden from the agreements referred to in paragraph 1 shall not be affected during the period in which the provisions of these agreements are provisionally maintained.

3. As soon as possible, and in any event before the expiry of the agreements referred to in paragraph 1, appropriate decisions for the continuation of fishing activities resulting therefrom shall be adopted in each case by the Council acting by a qualified majority on a proposal from the Commission, including the possibility of extending certain agreements for periods not exceeding one year.

Article 125

For a period of no longer than three years from the date of accession, the Council, acting by a qualified majority on a proposal from the Commission, shall fix annually the amount of the Union's financial contribution to the release of smolt carried out by the competent Swedish authorities.

This financial compensation will be assessed in the light of the balances existing immediately before accession.

CHAPTER 4 External relations including Customs Union

Article 126

The acts listed in Annex VI to this Act shall apply in respect of Sweden under the conditions laid down in that Annex.

Article 127

1. As from 1 January 1995, the Kingdom of Sweden shall apply:

(a) the Arrangement of 20 December 1973 regarding International Trade in Textiles as amended or extended by the Protocols of 31 July 1986, 31 July 1991, 9 December 1992 and 9 December 1993 or the Agreement on Textiles and Clothing resulting from the Uruguay Round GATT trade negotiations, if the latter is in force at the date of accession;

(b) the bilateral textile agreements and arrangements concluded by the Community with third countries.

2. Protocols to the bilateral agreements and arrangements referred to in paragraph 1 shall be negotiated by the Community with the third countries concerned in order to provide for an appropriate adjustment of the quantitative limits on imports of textile and clothing products into the Community in a way which takes into account the existing trade patterns between Sweden and its supplier countries.

3. Should the protocols referred to in paragraph 2 not have been concluded by 1 January 1995, the Community shall take measures designed to deal with this situation and concerning the necessary transitional adjustments to ensure that the agreements are implemented by the Community.

Article 128

1. As from 1 January 1995, the Kingdom of Sweden shall apply the provisions of the Agreements referred to in Article 129.

2. Any adjustments shall be the subject of protocols concluded with the co-contracting countries and annexed to those Agreements.

3. Should the protocols referred to in paragraph two not have been concluded by 1 January 1995, the Community shall take the necessary measures to deal with that situation on accession.

Article 129

Article 128 shall apply to:

- the Agreements concluded with Andorra, Algeria, Bulgaria, the former Czech and Slovak Federal Republic and its successor states (the Czech Republic and the Slovak Republic), Cyprus, Egypt, Hungary, Iceland, Israel, Jordan, Lebanon, Malta, Morocco, Poland, Romania, Slovenia, Switzerland, Syria, Tunisia and Turkey and to other Agreements concluded with third countries and concerning exclusively trade in the products listed in Annex II to the EC Treaty;

- the fourth ACP/EEC Convention, signed on 15 December 1989;

- other similar agreements which might be concluded before accession.

Article 130

With effect from 1 January 1995, the Kingdom of Sweden shall withdraw, inter alia, from the Convention establishing the European Free-Trade Association signed on 4 January 1960 and from the Free-Trade Agreements signed with Estonia, Latvia and Lithuania in 1992.

Article 131

If the new trade agreements to be concluded between the Community and Estonia, Latvia and Lithuania have not entered into force by the date of accession, the Community shall take the necesary measures to allow on accession the continuation of the prevailing level of access to the Swedish market of products originating in those Baltic States.

CHAPTER 5 Financial and budgetary provisions

Article 132

Any reference to the Council Decision on the system of the Communities' own resources shall be understood as referring to the Council Decision of 24 June 1988 as from time to time amended or to any Decision replacing it.

Article 133

The revenue designated as 'Common Customs Tariff duties and other duties` referred to in Article 2 (1) (b) of the Council Decision on the system of the Communities'own resources, or the corresponding provision in any Decision replacing it, shall include the customs duties calculated on the basis of the rates resulting from the Common Customs Tariff and any tariff concession relating thereto applied by the Community in Sweden's trade with third countries.

Article 134

On the first working day of each month the Community shall pay the Kingdom of Sweden, as an item of expenditure under the general budget of the European Communities, one twelfth of the following amounts:

- ECU 488 million in 1995,

- ECU 432 million in 1996,

- ECU 76 million in 1997,

- ECU 31 million in 1998.

Article 135

The Kingdom of Sweden's share in the financing of the payments still to be made after its accession on commitments contracted under Article 82 of the Agreement on the European Economic Area shall be borne by the general budget of the European Communities.

Article 136

The Kingdom of Sweden's share in the financing of the financial mechanism provided for in Article 116 of the Agreement on the European Economic Area shall be borne by the general budget of the European Communities.

TITLE VI AGRICULTURE

Article 137

1. This Title concerns agricultural products with the exception of products falling within Regulation (EEC) No 3759/92 on the common organization of the market in fishery and aquaculture products.

2. Except where this Act provides otherwise:

- trade by the new Member States between themselves, with third countries or with the present Member States shall be subject to the regime applicable to the latter Member States. The regime applicable in the Community as at present constituted with regard to import duties and charges having equivalent effect, quantitative restrictions and measures having equivalent effect shall be applicable to the new Member States;

- the rights and obligations resulting from the common agricultural policy shall be applicable in full in the new Member States.

3. Subject to the special provisions of this title with regard to different dates or time limits, transitional measures for the agricultural products referred to in paragraph 1 shall cease to apply by the end of the fifth year following the accession of Austria, Finland and Norway. These measures shall nevertheless take full account, for each product, of the total production during the year 1999.

CHAPTER 1 Provisions concerning national aids

Article 138

1. During the transitional period, subject to authorization by the Commission, Norway, Austria and Finland may grant, in an appropriate form, transitional and degressive national aids to producers of basic agricultural products subject to the common agricultural policy.

These aids may be the subject of differentiation in particular by region.

2. The Commission shall authorize the aids provided for in paragraph 1:

- in all cases where the factors introduced by a new Member State show that significant differences exist between the level of support granted by product to its producers before accession and that which may be granted under the common agricultural policy;

- up to an initial amount equal, at most, to this difference.

Initial differences of less than 10 % shall not be deemed significant.

However, the Commission's authorizations:

- shall be granted in conformity with the international commitments of the enlarged Community;

- shall, as far as pigmeat, eggs and poultry are concerned, take account of the price alignment of feed;

- shall not be granted for tobacco.

3. The amount of support provided for in paragraph 2 shall be calculated by basic agricultural product. This calculation shall take into consideration in particular the support measures of prices by intervention mechanisms or by other mechanisms as well as the grant of aids linked to surface area, to prices, to the quantity produced or to the production unit, and the grant of aids to holdings for specific products.

4. Authorizations by the Commission shall:

- define the maximum initial level of the aids, the rate at which they decrease and, where appropriate, the conditions for the granting thereof, taking account also of other aids resulting from Community legislation which are not covered by this Article;

- be granted subject to any adjustments which may be rendered necessary:

- by developments in the common agricultural policy;

- by developments in the level of prices in the Community.

Should such adjustments prove necessary, the amount of the aids or the conditions for the granting thereof shall be amended at the Commission's request or on the basis of a decision by the Commission.

5. Without prejudice to the provisions of paragraphs 1 to 4, the Commission shall authorize, under paragraph 1, in particular, the national aids provided for in Annex XIII, up to the limits and under the conditions provided for in the said Annex.

Article 139

1. The Commission shall authorize Austria, Finland and Norway to maintain aids which are not linked to a particular production and which, for this reason, are not taken into consideration for the purpose of calculating the amount of support under Article 138 (3). In particular, aids to holdings shall be authorized under this heading.

2. The aids provided for in paragraph 1 shall be subject to the provisions of Article 138 (4).

Aids of the same kind provided for by the common agricultural policy or compatible with Community legislation shall be deducted from the amounts thereof.

3. Aids authorized under this Article shall be abolished at the latest at the end of the transitional period.

4. Paragraph 1 shall not apply to aids to investment.

Article 140

The Commission shall authorize Austria, Finland and Norway to grant the transitional national aids provided for in Annex XIV up to the limits and under the conditions provided for therein. In its authorization, the Commission shall lay down the initial level of the aids, to the extent that it does not result from the conditions provided for by the Annex, and the rate at which they decrease.

Article 141

Where there are serious difficulties resulting from accession which remain after full utilization of the provisions of Articles 138, 139, 140 and 142, and of the other measures resulting from the rules existing in the Community, the Commission may authorize Finland and Norway to grant national aids to producers so as to facilitate their full integration into the common agricultural policy.

Article 142

1. The Commission shall authorize Norway, 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:

- the low population density;

- the portion of agricultural land in the overall surface area;

- the portion of agricultural land devoted to arable crops intended for human consumption, in the agricultural surface area used.

3. The 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 laid down in the common organizations of the market, as well as the historical production patterns of each farm, but must not:

- be linked to future production;

- or lead to an increase in production or in the level of overall support recorded during a pre-accession reference period to be determined by the Commission.

The aids may be differentiated by region.

These aids must be granted in particular in order to:

- maintain traditional primary production and processing naturally suited to the climatic conditions of the regions concerned;

- improve the structures for the production, marketing and processing of agricultural products;

- facilitate the disposal of the said products;

- ensure that the environment is protected and the countryside preserved.

Article 143

1. The aids provided for in Articles 138 to 142 and any other national aid subject to Commission authorization under this Act shall be notified to the Commission. They may not be applied until such authorization has been given.

Communication of existing or envisaged aid measures by the new Member States prior to accession shall be deemed to constitute notification on the date of accession.

2. As regards the aids provided for in Article 142, the Commission shall submit to the Council one year after accession and subsequently every five years a report on:

- the authorizations granted;

- the results of the aid granted under such authorizations.

In preparation for drawing up such reports, Member States in receipt of such authorizations 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 i