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EN Official Journal of the European Union L 112/6

ACT

concerning the conditions of accession of the Republic of Croatia and the adjustments to the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community

PART FOUR

TEMPORARY PROVISIONS

TITLE II

INSTITUTIONAL PROVISIONS

Article 23

1. By way of derogation from Article 301, first paragraph, of the TFEU establishing the maximum number of members of the Economic and Social Committee, Article 7 of the Protocol on transitional provisions, annexed to the TEU, the TFEU and the EAEC Treaty, shall be replaced by the following:

‘Article 7 Until the entry into force of the decision referred to in Article 301 of the Treaty on the Functioning of the European Union, the allocation of members of the Economic and Social Committee shall be as follows: Belgium 12 Bulgaria 12 Czech Republic 12 Denmark 9 Germany 24 Estonia 7 Ireland 9 Greece 12 Spain 21 France 24 Croatia 9 Italy 24 Cyprus 6 Latvia 7 Lithuania 9 Luxembourg 6 Hungary 12 Malta 5 Netherlands 12 Austria 12 Poland 21 Portugal 12 Romania 15 Slovenia 7 Slovakia 9 Finland 9 Sweden 12 United Kingdom 24’

2. The number of members of the Economic and Social Committee shall be temporarily increased to 353 to take account of the accession of Croatia for the period running from the date of accession until the end of the term of office during which Croatia accedes to the Union or until the entry into force of the decision referred to in Article 301, second paragraph, of the TFEU, whichever comes first.

3. If the decision referred to in Article 301, second paragraph, of the TFEU has already been adopted by the date of accession, by way of derogation from Article 301, first paragraph, of the TFEU establishing the maximum number of members of the Economic and Social Committee, Croatia shall be temporarily allocated an appropriate number of members until the end of the term of office during which it accedes to the Union.
In Article 9, the following sentence is added to the first paragraph:

‘The Community-wide quantity of allowances will be increased as a result of Croatia's accession only by the quantity of allowances that Croatia shall auction pursuant to Article 10(1).’.
EN Official Journal of the European Union C 326/1

CONSOLIDATED VERSION OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION

PART THREE

UNION POLICIES AND INTERNAL ACTIONS

TITLE V

AREA OF FREEDOM, SECURITY AND JUSTICE

CHAPTER 1

GENERAL PROVISIONS

Article 76

The acts referred to in Chapters 4 and 5, together with the measures referred to in Article 74 which ensure administrative cooperation in the areas covered by these Chapters, shall be adopted:

(a) on a proposal from the Commission, or
EN Official Journal of the European Union C 326/1

CONSOLIDATED VERSION OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION

PART SIX

INSTITUTIONAL AND FINANCIAL PROVISIONS

TITLE III

ENHANCED COOPERATION

Article 333

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

1. Where a provision of the Treaties which may be applied in the context of enhanced cooperation stipulates that the Council shall act unanimously, the Council, acting unanimously in accordance with the arrangements laid down in Article 330, may adopt a decision stipulating that it will act by a qualified majority.

2. Where a provision of the Treaties which may be applied in the context of enhanced cooperation stipulates that the Council shall adopt acts under a special legislative procedure, the Council, acting unanimously in accordance with the arrangements laid down in Article 330, may adopt a decision stipulating that it will act under the ordinary legislative procedure. The Council shall act after consulting the European Parliament.

3. Paragraphs 1 and 2 shall not apply to decisions having military or defence implications.
40. Declaration by the Kingdom of Norway on transparency

The Kingdom of Norway welcomes the development now taking place in the Union towards greater openness and transparency.

In Norway, open government, including public access to official records, is a principle of fundamental legal and political importance. The Kingdom of Norway will continue to apply this principle in accordance with its rights and obligations as a member of the Union.
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.
Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts - Declarations adopted by the Conference - Declaration on Article 188c(3) of the Treaty establishing the European Community

The Conference invites the Court of Auditors, the European Investment Bank and the Commission to maintain in force the present Tripartite Agreement. If a succeeding or amending text is required by any party, they shall endeavour to reach agreement on such a text having regard to their respective interests.
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DURING THE SESSIONS OF THE ASSEMBLY , ITS MEMBERS SHALL ENJOY :

( A ) ON THEIR NATIONAL TERRITORY , THE IMMUNITY GRANTED TO MEMBERS OF THE PARLIAMENT OF THEIR COUNTRY ;

( B ) ON THE TERRITORY OF ANY OTHER MEMBER STATE , EXEMPTION FROM ALL MEASURES OF DETENTION AND FROM ANY LEGAL PROSECUTION .

THEY SHALL LIKEWISE BE COVERED BY SUCH IMMUNITY WHEN PROCEEDING TO OR RETURNING FROM THE PLACE OF MEETING OF THE ASSEMBLY . SUCH IMMUNITY MAY NOT BE INVOKED IN THE CASE OF FLAGRANTE DELICTO , NOR MAY IT HINDER THE RIGHT OF THE ASSEMBLY TO WAIVE THE IMMUNITY OF ANY OF ITS MEMBERS .
Treaty establishing the European Coal and Steel Community - Title II - The institutions of the Community - Chapter 4 - The Court of Justice - Article 32c**

** As added by Article 4(2)(a) of the Convention on Common Institutions.

The Court shall appoint its Registrar and lay down the rules governing his service.
Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title III - Procedure - Interpretation - Article 37

If the meaning or scope of a judgment is in doubt, the Court shall construe it on application by any party or any institution of the Community establishing an interest therein.
Treaty establishing the European Coal and Steel Community - Title IV - General provisions - Article 78b*

* As amended by Article 4 of the Treaty amending Certain Financial Provisions.

1. If, at the beginning of a financial year, the administrative budget has not yet been voted, a sum equivalent to not more than one twelfth of the budget appropriations for the preceding financial year may be spent each month in respect of any chapter or other subdivision of the administrative budget in accordance with the provisions of the regulations made pursuant to Article 78h; this arrangement shall not, however, have the effect of placing at the disposal of the Commission appropriations in excess of one twelfth of those provided for in the draft administrative budget in course of preparation.

The Commission is authorized and required to impose the levies up to the amount of the appropriations for the preceding financial year, but shall not thereby exceed the amount which would have resulted from the adoption of the draft administrative budget.

2. The Council may, acting by a qualified majority, provided that the other conditions laid down in paragraph 1 are observed, authorize expenditure in excess of one twelfth. The authorization and requirement to impose the levies may be adjusted accordingly.

If the decision relates to expenditure which does not necessarily result from this Treaty or from acts adopted in accordance therewith, the Council shall forward it immediately to the European Parliament; within 30 days the European Parliament, acting by a majority of its Members and three fifths of the votes cast, may adopt a different decision on the expenditure in excess of the one twelfth referred to in paragraph 1. This part of the decision of the Council shall be suspended until the European Parliament has taken its decision. If within the said period the European Parliament has not taken a decision which differs from the decision of the Council, the latter shall be deemed to be finally adopted.
Treaty establishing the European Coal and Steel Community - Convention on the Transitional Provisions - Part One - Implementation of the Treaty - Chapter 2 - Establishment of the Common Market - Subsidies, direct or indirect aids, special charges - Article 11

The governments of the Member States shall notify the Commission upon its taking office of all aids and subsidies to or special charges on the coal and steel industries in their respective countries. Unless the Commission agrees to the continuance of such aids, subsidies or special charges and to the terms on which they are to be continued, they shall be withdrawn, when and in the manner which the Commission shall determine after consulting the Council, though it shall not be mandatory to withdraw them until the opening date of the transitional period for the products in question.
Treaty establishing the European Coal and Steel Community - Title III - Economic and social provisions - Chapter 10 - Commercial policy - Article 72

Minimum rates below which Member States undertake not to lower their customs duties on coal and steel as against third countries, and maximum rates above which they undertake not to raise them, may be fixed by decision of the Council, acting unanimously on a proposal from the Commission made on the latter's own initiative or at the request of a Member State.

Within the limits so fixed, each government shall determine its tariffs according to its own national procedure. The Commission may, on itsown initiative or at the request of a Member State, deliver an opinion suggesting amendment of the tariffs of the State.
Treaty establishing the European Coal and Steel Community - Convention on the Transitional Provisions - Part Two - Relations between the Community and third countries - Chapter 1 - Negotiations with Third Countries - Article 14

Once the Commission has taken office, Member States shall open negotiations with the governments of third countries, and in particular with the British Government, on the whole range of economic and commercial relations concerning coal and steel between the Community and these countries. In these negotiations the Commission shall act, upon instructions unanimously agreed by the Council, for the Member States jointly. Representatives of Member States may be present at the negotiations.
Treaty establishing the European Coal and Steel Community - Title II - The institutions of the Community - Chapter 3 - The Council - Article 26

The Council shall exercise its powers in the cases provided for and in the manner set out in this Treaty, in particular in order to harmonize the action of the Commission and that of the governments, which are responsible for the general economic policies of their countries.

To this end, the Council and the Commission shall exchange information and consult each other.

The Council may request the Commission to examine any proposals or measures which the Council may consider appropriate or necessary for the attainment of the common objectives.
Treaty establishing the European Coal and Steel Community - Title III - Economic and social provisions - Chapter 5 - Prices - Article 63

1. If the Commission finds that discrimination is being systematically practised by purchasers, in particular under provisions governing contracts entered into by bodies dependent on a public authority, it shall make appropriate recommendations to the governments concerned.

2. Where the Commission considers it necessary, it may decide that:

(a) undertakings must frame their conditions of sale in such a way that their customers and commission agents acting on their behalf shall be under an obligation to comply with the rules made by the Commission in application of this Chapter;

(b) undertakings shall be held responsible for infringements of this obligation by their direct agents or by commission agents acting on their behalf.

In the event of an infringement of this obligation by a purchaser, the Commission may restrict or, should the infringement be repeated, temporarily prohibit dealings with that purchaser by Community undertakings. If this is done, the purchaser shall have the right, without prejudice to Article 33, to bring an action before the Court.

3. In addition, the Commission is empowered to make to the Member States concerned any appropriate recommendations to ensure that the rules laid down for the application of Article 60(1) are duly observed by all distributive undertakings and agencies in the coal and steel sectors.
Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title III - Procedure - Intervention - Article 34

Natural or legal persons establishing an interest in the result of any case submitted to the Court may intervene in that case.

Submissions made in an application to intervene shall be limited to supporting or requesting the rejection of the submissions of one of the parties.
Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title III - Procedure - Judgments - Article 30

Judgments shall state the reasons on which they are based. They shall contain the names of the Judges who took part in the deliberations.
Treaty establishing the European Coal and Steel Community - Title III - Economic and social provisions - Chapter 3 - Investment and Financial Aid - Article 55

1. The Commission shall promote technical and economic research relating to the production and increased use of coal and steel and to occupational safety in the coal and steel industries. To this end it shall organize all appropriate contacts among existing research bodies.

2. After consulting the Consultative Committee, the Commission may initiate and facilitate such research:

(a) by inducing joint financing by the undertakings concerned; or

(b) by allotting for that purpose any funds received as gifts; or

(c) with the assent of the Council, by allotting for that purpose funds derived from the levies provided for in Article 50; the limit laid down in paragraph 2 of that Article must not, however, be exceeded.

The results of research financed as provided in subparagraphs (b) and (c) shall be made available to all concerned in the Community.

3. The Commission shall deliver any opinions which serve to make technical improvements more widely known, particularly with regard to the exchange of patents and the granting of licences for using them.
Treaty establishing the European Coal and Steel Community - Title III - Economic and social provisions - Chapter 3 - Investment and Financial Aid - Article 56

1. If the introduction, within the framework of the general objectives of the Commission, of new technical processes or equipment should lead to an exceptionally large reduction in labour requirements in the coal or the steel industry, making it particularly difficult in one or more areas to re employ redundant workers, the Commission, on application by the governments concerned:

(a) shall obtain the opinion of the Consultative Committee;

(b) may facilitate, in the manner laid down in Article 54, either in the industries within its jurisdiction or, with the assent of the Council, in any other industry, the financing of such programmes as it may approve for the creation of new and economically sound activities capable of reabsorbing the redundant workers into productive employment;

(c) shall provide non repayable aid towards:

- the payment of tideover allowances to workers;

- the payment of resettlement allowances to workers;

- the financing of vocational retraining for workers having to change their employment.

The Commission shall make the provision of non repayable aid conditional upon payment by the State concerned of a special contribution of not less than the amount of that aid, unless an exception is authorized by the Council, acting by a two thirds majority.

2. If fundamental changes, not directly connected with the establishment of the common market, in market conditions for the coal or the steel industry should compel some undertakings permanently to discontinue, curtail or change their activities, the Commission, on application by the governments concerned:

(a)may facilitate, in the manner laid down in Article 54, either in the industries within its jurisdiction or, with the assent of the Council, in any other industry, the financing of such programmes as it may approve for the creation of new and economically sound activities or for the conversion of existing undertakings capable of reabsorbing the redundant workers into productive employment;

(b) may provide non repayable aid towards:

- the payment of tideover allowances to workers;

- the payment of allowances to undertakings to enable them to continue paying such of their workers as may have to be temporarily laid off as a result of the undertakings' change of activity;

- the payment of resettlement allowances to workers;

- the financing of vocational retraining for workers having to change their employment.

The Commission shall make the provision of non repayable aid conditional upon payment by the State concerned of a special contribution of not less than the amount of that aid, unless an exception is authorized by the Council, acting by a two thirds majority.*

* Paragraph 2 added in accordance with the procedure under the third and fourth paragraphs of Article 95 of this Treaty (OJ 33, 16. 5. 1960).
Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title III - Procedure - Periods of limitation - Article 40

Proceedings provided for in the first two paragraphs of Article 40 of this Treaty shall be barred after a period of five years from the occurrence of the event giving rise thereto. The period of limitation shall be interrupted if proceedings are instituted before the Court or if prior to such proceedings an application is made by the aggrieved party to the relevant institution of the Community. In the latter event the proceedings must be instituted within the time limit of one month provided for in the last paragraph of Article 33; the provisions of the last paragraph of Article 35 shall apply where appropriate.
Treaty establishing the European Coal and Steel Community - Title II - The institutions of the Community - Chapter 3 - The Council - Article 28**

**As amended by Article 13 AA A/FIN/SWE in the version resulting from Article 6 AD AA A/FIN/SWE.

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, the 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 two 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 shall be weighted as follows:

Belgium... 5

Denmark... 3

Germany...10

Greece... 5

Spain... 8

France...10

Ireland... 3

Italy...10

Luxembourg... 2

Netherlands... 5

Austria...4

Portugal... 5

Finland...3

Sweden...4

United Kingdom...10

For their adoption, acts shall require at least 62 votes in favour, cast by not less than 10 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.
Treaty establishing the European Coal and Steel Community - Title IV - General provisions - Article 81

The expressions coal' and steel' are defined in Annex I to this Treaty.

Additions to the lists in that Annex may be made by the Council, acting unanimously.