ddrg/super_eurlex huggingface dataset:
Article 26

1. For the period until 31 October 2004 the following provisions shall apply:

(a) with regard to Article 205(2) of the EC Treaty and Article 118(2) of the Euratom Treaty:

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

Belgium | 5 |

Czech Republic | 5 |

Denmark | 3 |

Germany | 10 |

Estonia | 3 |

Greece | 5 |

Spain | 8 |

France | 10 |

Ireland | 3 |

Italy | 10 |

Cyprus | 2 |

Latvia | 3 |

Lithuania | 3 |

Luxembourg | 2 |

Hungary | 5 |

Malta | 2 |

Netherlands | 5 |

Austria | 4 |

Poland | 8 |

Portugal | 5 |

Slovenia | 3 |

Slovakia | 3 |

Finland | 3 |

Sweden | 4 |

United Kingdom | 10 |

(b) with regard to the second and third subparagraphs of Article 205(2) of the EC Treaty and of Article 118(2) of the Euratom Treaty:

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

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

- 88 votes in favour, cast by at least two-thirds of the members, in other cases.

(c) with regard to the second sentence of the third subparagraph of Article 23(2) of the EU Treaty:

For their adoption, decisions shall require at least 88 votes in favour cast by at least two-thirds of the members.

(d) with regard to Article 34(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 205(2) of the Treaty establishing the European Community, and for their adoption acts of the Council shall require at least 88 votes in favour, cast by at least two-thirds of the members.

2. In the event that fewer than ten new Member States accede to the Union, the threshold for the qualified majority for the period until 31 October 2004 shall be fixed by Council decision so as to correspond as closely as possible to 71,26 % of the total number of votes.

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A. WASTE MANAGEMENT

31994 L 0062: European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (OJ L 365, 31.12.1994, p. 10).

By way of derogation from Article 6(1)(a) and (b) of Directive 94/62/EC, the Czech Republic shall attain the recovery and recycling targets for the following packaging materials by 31 December 2005 in accordance with the following intermediate targets:

- recycling of plastics: 10 % by weight by the date of accession and 12 % for 2004;

- overall recovery rate: 39 % by weight by the date of accession and 45 % for 2004.

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I. CUSTOMS CODE

31992 R 2913: Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ L 302, 19.10.1992, p. 1), as amended by:

- 11994 N: Act concerning the conditions of accession and the adjustments to the Treaties - Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21)

- 31997 R 0082: Regulation (EC) No 82/97 of the European Parliament and of the Council of 19.12.1996 (OJ L 17, 21.1.1997, p. 1)

- 31999 R 0955: Regulation (EC) No 955/1999 of the European Parliament and of the Council of 13.4.1999 (OJ L 119, 7.5.1999, p. 1)

- 32000 R 2700: Regulation (EC) No 2700/2000 of the European Parliament and of the Council of 16.11.2000 (OJ L 311, 12.12.2000, p. 17)

The following is added to Article 3(1):

"— the territory of the Czech Republic,

— the territory of the Republic of Estonia,

— the territory of the Republic of Cyprus,

— the territory of the Republic of Latvia,

— the territory of the Republic of Lithuania,

— the territory of the Republic of Hungary,

— the territory of the Republic of Malta,

— the territory of the Republic of Poland,

— the territory of the Republic of Slovenia,

— the territory of the Slovak Republic"

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12003TN07/04

Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded - Annex VII: List referred to in Article 24 of the Act of Accession: Cyprus - 4. Competition policy



Official Journal L 236 , 23/09/2003 P. 0819 - 0819
7. TAXATION

1. 31977 L 0388: Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes - Common system of value added tax: uniform basis of assessment (OJ L 145, 13.6.1977, p. 1), as last amended by:

- 32002 L 0038: Council Directive 2002/38/EC of 7.5.2002 (OJ L 128, 15.5.2002, p. 41).

(a) By way of derogation from Article 12(3)(a) of Directive 77/388/EEC, Latvia may maintain an exemption from value added tax on the supply of heating sold to households until 31 December 2004.

(b) Without prejudice to the procedure set out in Article 27 of Directive 77/388/EEC, Latvia may continue to apply a simplified procedure for charging value added tax on timber transactions until one year after the date of accession.

For the purposes of applying Article 28(3)(b) of Directive 77/388/EEC, Latvia may maintain an exemption from value added tax on services supplied by authors, artists and performers, referred to in point 2 of Annex F of the Directive, until the condition set out in Article 28(4) of the Directive is fulfilled or so long as the same exemptions are applied by any of the present Member States, whichever is the earlier.

For the purposes of applying Article 28(3)(b) of Directive 77/388/EEC, Latvia may also maintain an exemption from value added tax on international transport of passengers referred to in point 17 of Annex F of the Directive, until the condition set out in Article 28(4) of the Directive is fulfilled or so long as the same exemptions are applied by any of the present Member States, whichever is the earlier.

2. 31992 L 0079: Council Directive 92/79/EEC of 19 October 1992 on the approximation of taxes on cigarettes (OJ L 316, 31.10.1992, p. 8) as last amended by:

- 32002 L 0010: Council Directive 2002/10/EC of 12.2.2002(OJ L 46, 16.2.2002, p. 26).

By way of derogation from Article 2(1) of Directive 92/79/EEC, Latvia may postpone the application of the overall minimum excise duty on the retail selling price (inclusive of all taxes) for cigarettes of the price category most in demand until 31 December 2009, provided that during this period Latvia gradually adjusts its excise duty rates towards the overall minimum excise duty provided for in the Directive.

Without prejudice to Article 8 of Council Directive 92/12/EEC of 25 February 1992 on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products [4] and having informed the Commission, Member States may, as long as the above derogation applies, maintain the same quantitative limits for cigarettes which may be brought into their territories from Latvia without further excise duty payment as those applied to imports from third countries. Member States making use of this possibility may carry out the necessary checks provided that these checks do not affect the proper functioning of the internal market.

[4] OJ L 76, 23.3.1992, p. 1. Directive as last amended by Directive 2000/47/EC (OJ L 193, 29.7.2000, p. 73).

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3. FREEDOM TO PROVIDE SERVICES

1. 31986 L 0635: Council Directive 86/635/EEC of 8 December 1986 on the annual accounts and consolidated accounts of banks and other financial institutions (OJ L 372, 31.12.1986, p. 1), as amended by:

- 32001 L 0065: Directive 2001/65/EC of the European Parliament and of the Council of 27.9.2001 (OJ L 283, 27.10.2001, p. 28).

In Slovenia, Directive 86/635/EEC shall not apply until 31 December 2004 to savings and loans undertakings established before 20 February 1999.

2. 31994 L 0019: Directive 94/19/EC of the European Parliament and of the Council of 30 May 1994 on deposit-guarantee schemes (OJ L 135, 31.5.1994, p. 5).

In Slovenia, Directive 94/19/EC shall not apply until 31 December 2004 to savings and loans undertakings established before 20 February 1999.

Until 31 December 2005 neither the level nor the scope of the cover provided in Slovenia by a credit institution from another Member State may exceed the level or scope of the guarantee provided by the corresponding guarantee scheme in Slovenia.

3. 31997 L 0009: Directive 97/9/EC of the European Parliament and of the Council of 3 March 1997 on investor-compensation schemes (OJ L 84, 26.3.1997, p. 22).

By way of derogation from Directive 97/9/EC, until 31 December 2005 neither the level nor the scope of the cover provided in Slovenia by an investment firm from another Member State may exceed the level or scope of the compensation provided by the corresponding compensation scheme in Slovenia.

4. 32000 L 0012: Directive 2000/12/EC of the European Parliament and of the Council of 20 March 2000 relating to the taking up and pursuit of the business of credit institutions (OJ L 126, 26.5.2000, p. 1), as amended by:

- 32000 L 0028: Directive 2000/28/EC of the European Parliament and of the Council of 18.9.2000 (OJ L 275, 27.10.2000, p. 37).

In Slovenia, Directive 2000/12/EC shall not apply until 31 December 2004 to savings and loans undertakings established before 20 February 1999.

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Article 46

1. Ten judges shall be appointed to the Court of Justice and ten judges shall be appointed to the Court of First Instance.

2. (a) The term of office of five of the judges of the Court of Justice appointed in accordance with paragraph 1 shall expire on 6 October 2006. Those judges shall be chosen by lot. The term of office of the other judges shall expire on 6 October 2009.

(b) The term of office of five of the judges of the Court of First Instance appointed in accordance with paragraph 1 shall expire on 31 August 2004. Those judges shall be chosen by lot. The term of office of the other judges shall expire on 31 August 2007.

3. (a) The Court of Justice shall make such adaptations to its Rules of Procedure as are rendered necessary by accession.

(b) The Court of First Instance, in agreement with the Court of Justice, shall make such adaptations to its Rules of Procedure as are rendered necessary by accession.

(c) The Rules of Procedure as adapted shall require the approval of the Council, acting by a qualified majority.

4. For the purpose of judging cases pending before the Courts on the date of accession in respect of which oral proceedings have started before that date, the full Courts or the Chambers shall be composed as before accession and shall apply the Rules of Procedure in force on the day preceding the date of accession.

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Article 52

1. The terms of office of the new members of the Committees, groups and other bodies created by the Treaties and the legislator listed in Annex XVI shall expire at the same time as those of the members in office at the time of accession.

2. The terms of office of the new members of the Committees and groups created by the Commission listed in Annex XVII shall expire at the same time as those of the members in office at the time of accession.

3. Upon accession, the membership of the Committees listed in Annex XVIII shall be completely renewed.

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43. Declaration by the Commission of the European Communities on the general economic safeguard clause, the internal market safeguard clause and the justice and home affairs safeguard clause

Before deciding on whether to apply the internal market and justice and home affairs safeguard clauses, the Commission of the European Communities will hear the view(s) and positions of the Member State(s) which will be directly affected by such measures and will duly take into account these views and positions.

The general economic safeguard clause also covers agriculture. It may be triggered when in specific agricultural sectors difficulties arise, which are serious and liable to persist, or which could bring about serious deterioration in the economic situation of a given area. Taking into account the specific problems of the agricultural sector in Poland, the measures taken by the Commission to prevent market disturbances under the general economic safeguard clause may include systems of monitoring of trade flows between Poland and other Member States.

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II. PHYTOSANITARY LEGISLATION

1. 31968 L 0193: Council Directive 68/193/EEC of 9 April 1968 on the marketing of material for the vegetative propagation of the vine (OJ L 93, 17.4.1968, p 15), as amended by:

- 31971 L 0140: Council Directive 71/140/EEC of 22.3.1971 (OJ L 71, 25.3.1971, p. 16),

- 11972 B: Act concerning the conditions of accession and the adjustments to the Treaties - Accession of the Kingdom of Denmark, Ireland and the United Kingdom (OJ L 73, 27.3.1972, p. 14),

- 31974 L 0648: Council Directive 74/648/EEC of 9.12.1974 (OJ L 352, 28.12.1974, p. 43),

- 31977 L 0629: First Commission Directive 77/629/EEC of 28.9.1977 (OJ L 257, 8.10.1977, p. 27),

- 31978 L 0692: Council Directive 78/692/EEC of 25.7.1978 (OJ L 236, 26.8.1978, p. 13),

- 11979 H: Act concerning the conditions of accession and the adjustments to the Treaties - Accession of the Hellenic Republic (OJ L 291, 19.11.1979, p. 17),

- 31982 L 0331: Commission Directive 82/331/EEC of 6.5.1982 (OJ L 148, 27.5.1982, p. 47),

- 31985 R 3768: Council Regulation (EEC) No 3768/85 of 20.12.1985 (OJ L 362, 31.12.1985, p. 8),

- 31986 L 0155: Council Directive 86/155/EEC of 22.4.1986 (OJ L 118, 7.5.1986, p. 23),

- 31988 L 0332: Council Directive 88/332/EEC of 13.6.1988 (OJ L 151, 17.6.1988, p. 82),

- 31990 L 0654: Council Directive 90/654/EEC of 4.12.1990 (OJ L 353, 17.12.1990, p. 48),

- 11994 N: Act concerning the conditions of accession and the adjustments to the Treaties - Accession of the Republic of Austria, Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21),

- 32002 L 0011: Council Directive 2002/11/EC of 14.02.2002 (OJ L 53, 23.2.2002, p. 20).

Where appropriate and using the procedure laid down in Article 17 of Council Directive 68/193/EEC, the Commission shall adopt a decision by the date of accession with a view to wholly or partially releasing Poland from the obligation to apply this Directive under the conditions set out in Article 18a.

2. 32000 L 0029: Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ L 169, 10.7.2000, p. 1), as amended by:

- 32001 L 0033: Commission Directive 2001/33/EC of 8.5.2001 (OJ L 127, 9.5.2001, p. 42),

- 32002 L 0028: Commission Directive 2002/28/EC of 19.3.2002 (OJ L 77, 20.3.2002, p. 23),

- 32002 L 0036: Commission Directive 2002/36/EC of 29.4.2002 (OJ L 116, 3.5.2002, p. 16).

The Commission shall adapt Directive 2000/29/EC as necessary prior to the date of accession using the procedure laid down in Article 18 of that Directive to take account of the accession of the new Member States, in particular with a view to inserting:

- Dendrolimus sibiricus (Tschetverikov) to point 10 in Part A, Section I(a) of Annex I;

- a list of plants (Ambrosia-spp.) as point (e) in Section II, Part A of Annex I.

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9. ENERGY

31968 L 0414: Council Directive 68/414/EEC of 20 December 1968 imposing an obligation on Member States of the EEC to maintain minimum stocks of crude oil and/or petroleum products (OJ L 308, 23.12.1968, p. 14), as last amended by:

- 31998 L 0093: Council Directive 98/93/EC of 14.12.98 (OJ L 358, 31.12.1998, p. 100).

By way of derogation from Article 1(1) of Directive 68/414/EEC, the minimum level of stocks of petroleum products shall not apply in Lithuania until 31 December 2009. Lithuania shall ensure that its minimum level of stocks of petroleum products corresponds, for each of the categories of petroleum products listed in Article 2, to at least the following number of days' average daily internal consumption as defined in Article 1(1):

- 49 days by the date of accession;

- 56 days by 31 December 2004;

- 63 days by 31 December 2005;

- 69 days by 31 December 2006;

- 76 days by 31 December 2007;

- 83 days by 31 December 2008;

- 90 days by 31 December 2009.

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Article 38

If a new Member State has failed to implement commitments undertaken in the context of the accession negotiations, causing a serious breach of the functioning of the internal market, including any commitments in all sectoral policies which concern economic activities with cross-border effect, or an imminent risk of such breach the Commission may, until the end of a period of up to three years after the date of entry into force of this Act, upon motivated request of a Member State or on its own initiative, take appropriate measures.

Measures shall be proportional and priority shall be given to measures, which disturb least the functioning of the internal market and, where appropriate, to the application of the existing sectoral safeguard mechanisms. Such safeguard measures shall not be invoked as a means of arbitrary discrimination or a disguised restriction on trade between Member States. The safeguard clause may be invoked even before accession on the basis of the monitoring findings and enter into force as of the date of accession. The measures shall be maintained no longer than strictly necessary, and, in any case, will be lifted when the relevant commitment is implemented. They may however be applied beyond the period specified in the first paragraph as long as the relevant commitments have not been fulfilled. In response to progress made by the new Member State concerned in fulfilling its commitments, the Commission may adapt the measures as appropriate. The Commission will inform the Council in good time before revoking safeguard measures, and it will take duly into account any observations of the Council in this respect.

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12003T/AFI/DCL/13

Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded - Final act - III. Other Declarations - C. Joint Declarations by the present Member States - 13. Declaration on the free movement of workers: Hungary



Official Journal L 236 , 23/09/2003 P. 0976 - 0976
12003T/AFI/DCL/07

Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded - Final act - III. Other Declarations - C. Joint Declarations by the present Member States - 7. Declaration on the free movement of workers: Estonia



Official Journal L 236 , 23/09/2003 P. 0975 - 0975
12003TN03/02/A

Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded - Annex III: List referred to in Article 21 of the Act of Accession - 2. Agriculture - A. Agricultural legislation



Official Journal L 236 , 23/09/2003 P. 0792 - 0792
12003T042

Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded - Part four : Temporary provisions - Title II : Other provisions - Article 42



Official Journal L 236 , 23/09/2003 P. 0046 - 0046
12003T/AFI/DCL/27

Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded - Final act - III. Other Declarations - H. Declarations by the Republic of Estonia - 27. Declaration by the Republic of Estonia on steel



Official Journal L 236 , 23/09/2003 P. 0980 - 0980
12003TN11/APP/B

Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded - Annex XI: List referred to in Article 24 of the Act of Accession: Malta - Appendix B



Official Journal C 227 E , 23/09/2003 P. 0762 - 0762

Official Journal L 236 , 23/09/2003 P. 0873 - 0873
1. FREE MOVEMENT OF GOODS

1. Treaty establishing the European Community, Title I, Free Movement of Goods.

For the purposes of application of Article 31 of the EC Treaty, Malta shall adjust the market in the importation, stocking and wholesale marketing of petroleum products by 31 December 2005. In this context, Malta shall also ensure that trading licences are issued in time for operations by licensees to commence no later than 1 January 2006.

2. 32001 L 0083: Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67).

By way of derogation from the requirements of quality, safety and efficacy laid down in Directive 2001/83/EC, marketing authorisations for the pharmaceutical products on the list (in Appendix A to this Annex as provided by Malta in one language) issued under Maltese law prior to the date of accession, shall remain valid until they are renewed in compliance with the acquis or until 31 December 2006, whichever is the earlier. Notwithstanding the provisions of Title III, Chapter 4, of the Directive, marketing authorisations covered by this derogation shall not benefit from mutual recognition in the Member States.

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12003TN08/04/B2

Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded - Annex VIII: List referred to in Article 24 of the Act of Accession: Latvia - 4. Agriculture - B. Veterinary and phytosanitary legislation - II. Phytosanitary legislation



Official Journal L 236 , 23/09/2003 P. 0828 - 0828