ddrg/super_eurlex huggingface dataset:
35. PROTOCOL ON THE FINANCIAL CONSEQUENCES OF THE EXPIRY OF THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY AND ON THE RESEARCH FUND FOR COAL AND STEEL

THE HIGH CONTRACTING PARTIES,

RECALLING that all assets and liabilities of the European Coal and Steel Community, as they existed on 23 July 2002, were transferred to the European Community on 24 July 2002;

TAKING ACCOUNT of the desire to use these funds for research in sectors related to the coal and steel industry and therefore the necessity to provide for certain special rules in this regard,

HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty establishing a Constitution for Europe:

Article 1

1. The net worth of the assets and liabilities of the European Coal and Steel Community, as they appear in the balance sheet of the European Coal and Steel Community of 23 July 2002, subject to any increase or decrease which may occur as a result of the liquidation operations, shall be considered as Union assets intended for research in sectors related to the coal and steel industry, referred to as the "European Coal and Steel Community in liquidation". On completion of the liquidation they shall be referred to as the "Assets of the Research Fund for Coal and Steel".

2. The revenue from these assets, referred to as the "Research Fund for Coal and Steel", shall be used exclusively for research, outside the research framework programme, in sectors related to the coal and steel industry in accordance with this Protocol and with acts adopted under it.

Article 2

1. A European law of the Council shall lay down all the necessary provisions for the implementation of this Protocol, including essential principles. The Council shall act after obtaining the consent of the European Parliament.

2. The Council shall adopt, on a proposal from the Commission, the European regulations or decisions establishing multiannual financial guidelines for managing the assets of the Research Fund for Coal and Steel and technical guidelines for the research programme of the Research Fund for Coal and Steel. It shall act after consulting the European Parliament.

Article 3

Except as otherwise provided in this Protocol and in the acts adopted under it, the provisions of the Constitution shall apply.

--------------------------------------------------
4. Declaration on Article I-24(7) concerning the European Council decision on the exercise of the Presidency of the Council

The Conference declares that the Council should begin preparing the European decision establishing the measures for applying the European decision of the European Council on the exercise of the Presidency of the Council as soon as the Treaty establishing a Constitution for Europe is signed and should give its political approval within six months. A draft European decision of the European Council, which will be adopted on the date of entry into force of the said Treaty, is set out below:

DRAFT EUROPEAN DECISION OF THE EUROPEAN COUNCIL ON THE EXERCISE OF THE PRESIDENCY OF THE COUNCIL

Article 1

1. The Presidency of the Council, with the exception of the Foreign Affairs configuration, shall be held by pre-established groups of three Member States for a period of 18 months. The groups shall be made up on a basis of equal rotation among the Member States, taking into account their diversity and geographical balance within the Union.

2. Each member of the group shall in turn chair for a six-month period all configurations of the Council, with the exception of the Foreign Affairs configuration. The other members of the group shall assist the Chair in all its responsibilities on the basis of a common programme. Members of the team may decide alternative arrangements among themselves.

Article 2

The Committee of Permanent Representatives of the Governments of the Member States shall be chaired by a representative of the Member State chairing the General Affairs Council.

The Chair of the Political and Security Committee shall be held by a representative of the Union Minister for Foreign Affairs.

The chair of the preparatory bodies of the various Council configurations, with the exception of the Foreign Affairs configuration, shall fall to the member of the group chairing the relevant configuration, unless decided otherwise in accordance with Article 4.

Article 3

The General Affairs Council shall ensure consistency and continuity in the work of the different Council configurations in the framework of multiannual programmes in cooperation with the Commission. The Member States holding the Presidency shall take all necessary measures for the organisation and smooth operation of the Council's work, with the assistance of the General Secretariat of the Council.

Article 4

The Council shall adopt a European decision establishing the measures for the implementation of this decision.

--------------------------------------------------
5. Joint declaration on Bulgaria's and Romania's preparations for accession

The European Union will continue to monitor closely Bulgaria's and Romania's preparations and achievements, including the effective implementation of the commitments undertaken in all areas of the acquis.

The European Union recalls the Presidency Conclusions of the European Council of 16/ 17 December 2004, in particular under points 8 and 12, underlining that, in the case of Romania, particular attention will be paid to preparation in the areas of Justice and Home Affairs, Competition and Environment, and that in the case of Bulgaria, particular attention will be paid to preparation in the area of Justice and Home Affairs. The Commission will continue to submit annual reports on Bulgaria's and Romania's progress towards accession, together with recommendations if appropriate. The European Union recalls that safeguard clauses provide for measures to address serious problems that may arise, as the case may be, before accession or in the three years after accession.

--------------------------------------------------
I. COMMUNITY TRADE MARK

31994 R 0040: Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ L 11, 14.1.1994, p. 1), as amended by:

- 31994 R 3288: Council Regulation (EC) No 3288/94 of 22.12.1994 (OJ L 349, 31.12.1994, p. 83),

- 32003 R 0807: Council Regulation (EC) No 807/2003 of 14.4.2003 (OJ L 122, 16.5.2003, p. 36),

- 12003 T: Act concerning the conditions of accession and the adjustments to the Treaties — 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 (OJ L 236, 23.9.2003, p. 33),

- 32003 R 1653: Council Regulation (EC) No 1653/2003 of 18.6.2003 (OJ L 245, 29.9.2003, p. 36),

- 32003 R 1992: Council Regulation (EC) No 1992/2003 of 27.10.2003 (OJ L 296, 14.11.2003, p. 1),

- 32004 R 0422: Council Regulation (EC) No 422/2004 of 19.2.2004 (OJ L 70, 9.3.2004, p. 1).

Article 159a(1) is replaced by the following:

"1. As from the date of accession of Bulgaria, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Romania, Slovenia and Slovakia (hereinafter referred to as "new Member State(s)"), a Community trade mark registered or applied for pursuant to this Regulation before the respective date of accession shall be extended to the territory of those Member States in order to have equal effect throughout the Community.".

--------------------------------------------------
C. WATER QUALITY

31991 L 0271: Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment (OJ L 135, 30.5.1991, p. 40), as last amended by:

- 32003 R 1882: Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29.9.2003 (OJ L 284, 31.10.2003, p. 1).

By way of derogation from Articles 3, 4 and 5(2) of Directive 91/271/EEC, the requirements for collecting systems and treatment of urban waste water shall not fully apply in Bulgaria until 31 December 2014, in accordance with the following intermediate target:

- by 31 December 2010, compliance with the Directive shall be achieved in agglomerations with a population equivalent of more than 10000.

--------------------------------------------------
12005SP018

Protocol concerning the conditions and arrangements for admission of the Republic of Bulgaria and Romania to the European Union - PART THREE:PERMANENT PROVISIONS - TITLE II:OTHER PROVISIONS - Article 18



Official Journal L 157 , 21/06/2005 P. 0034 - 0034
7. SOCIAL POLICY AND EMPLOYMENT

32001 L 0037: Directive 2001/37/EC of the European Parliament and of the Council of 5 June 2001 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products (OJ L 194, 18.7.2001, p. 26).

By way of derogation from Article 3 of Directive 2001/37/EC, the date of application of the maximum tar yield of cigarettes manufactured and marketed within the territory of Bulgaria, shall be 1 January 2011. During the transitional period:

- cigarettes manufactured in Bulgaria with a tar yield greater than 10 mg per cigarette shall not be marketed in other Member States;

- cigarettes manufactured in Bulgaria with a tar yield greater than 13 mg per cigarette shall not be exported to third countries; this limit shall be reduced to 12 mg from 1 January 2008 and to 11 mg from 1 January 2010;

- Bulgaria shall provide the Commission with regularly updated information on the timetable and measures taken to ensure compliance with the Directive.

--------------------------------------------------
Article 25

1. From the date of the accession, Bulgaria and Romania shall pay the following amounts corresponding to their share of the capital paid in for the subscribed capital as defined in Article 4 of Protocol No 5 on the Statute of the European Investment Bank, annexed to the Constitution [5]:

Bulgaria EUR 14800000

Romania EUR 42300000.

These contributions shall be paid in eight equal instalments falling due on 31 May 2007, 31 May 2008, 31 May 2009, 30 November 2009, 31 May 2010, 30 November 2010, 31 May 2011 and 30 November 2011.

2. Bulgaria and Romania shall contribute, in eight equal instalments falling due on the dates referred to in paragraph 1, to the reserves and provisions equivalent to reserves, as well as to the amount still to be appropriated to the reserves and provisions, comprising the balance of the profit and loss account, established at the end of the month preceding accession, as entered on the balance sheet of the Bank, in amounts corresponding to the following percentages of the reserves and provisions [5]:

Bulgaria 0,181 %

Roumania 0,517 %.

3. The capital and payments provided for in paragraphs 1 and 2 shall be paid in by Bulgaria and Romania in cash in euro, save by way of derogation decided unanimously by the Board of Governors.

[5] The figures quoted are indicative and based on the 2003 data published by Eurostat.

--------------------------------------------------
Article 45

A national of each new Member State shall be appointed to the Commission as from the date of accession. The new Members of the Commission shall be appointed by the Council, acting by qualified majority and by common accord with the President of the Commission, after consulting the European Parliament.

The terms of office of the Members thus appointed shall expire at the same time as those of the Members in office at the time of accession.

--------------------------------------------------
Article 60

The Government of the Italian Republic shall remit to the Governments of the Republic of Bulgaria and Romania a certified copy of the Treaty establishing the European Atomic Energy Community, and the Treaties amending or supplementing it, in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish and Swedish languages.

The text of that Treaty, drawn up in the Bulgarian and Romanian languages, shall be annexed to this Protocol. Those texts shall be authentic under the same conditions as the texts of the Treaty referred to in the first paragraph, drawn up in the present languages.

--------------------------------------------------
3. TRANSPORT POLICY

31996 L 0026: Council Directive 96/26/EC of 29 April 1996 on admission to the occupation of road haulage operator and road passenger transport operator and mutual recognition of diplomas, certificates and other evidence of formal qualifications intended to facilitate for these operators the right to freedom of establishment in national and international transport operations (OJ L 124, 23.5.1996, p. 1), as amended by:

- 31998 L 0076: Council Directive 98/76/EC of 1.10.1998 (OJ L 277, 14.10.1998, p. 17),

- 12003 T: Act concerning the conditions of accession and the adjustments to the Treaties — 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 (OJ L 236, 23.9.2003, p. 33),

- 32004 L 0066: Council Directive 2004/66/EC of 26.4.2004 (OJ L 168, 1.5.2004, p. 35).

(a) The following paragraphs are added to Article 10:

"11. By way of derogation from paragraph 3, certificates issued to road transport operators before the date of accession in Bulgaria shall only be deemed equivalent to the certificates issued pursuant to the provisions of this Directive if they have been issued to:

- international road haulage and passenger transport operators under Ordinance No 11 of 31 October 2002 on International Carriage of Passengers and Goods by Road (State Gazette No 108 of 19 November 2002), since 19 November 2002;

- domestic road haulage and passenger transport operators under Ordinance 33 of 3 November 1999 on Public Carriage of Passengers and Goods on the territory of Bulgaria, as amended on 30 October 2002 (State Gazette No 108 of 19 November 2002), since 19 November 2002.

12. By way of derogation from paragraph 3, certificates issued to road transport operators before the date of accession in Romania shall only be deemed equivalent to the certificates issued pursuant to the provisions of this Directive if they have been issued to international and domestic road haulage and road passenger transport operators under Order of Minister of Transport No 761 of 21 December 1999 on appointing, training and professional certification of persons coordinating permanently and effectively road transport activity, since 28 January 2000."

(b) In Article 10b, the second paragraph is replaced by the following:

"The professional competence certificates referred to in paragraphs 4 to 12 of Article 10 may be reissued by the Member States concerned in the form of the certificate set out in Annex Ia.".

--------------------------------------------------
Article 4

1. The provisions of the Schengen acquis, referred to in Protocol No 17 to the Constitution on the Schengen acquis integrated into the framework of the European Union, and the acts building upon it or otherwise related to it, listed in Annex II, as well as any further such acts adopted before the date of accession, shall be binding on and applicable in Bulgaria and Romania from the date of accession.

2. Those provisions of the Schengen acquis as integrated into the framework of the European Union and the acts building upon it or otherwise related to it not referred to in paragraph 1, while binding on Bulgaria and Romania from the date of accession, shall only apply in each of those States pursuant to a European decision of the Council to that effect after verification in accordance with the applicable Schengen evaluation procedures that the necessary conditions for the application of all parts of the acquis concerned have been met in that State.

The Council shall take its decision, after consulting the European Parliament, acting with the unanimity of its members representing the Governments of the Member States in respect of which the provisions referred to in this paragraph have already been put into effect and of the representative of the Government of the Member State in respect of which those provisions are to be put into effect. The members of the Council representing the Governments of Ireland and of the United Kingdom of Great Britain and Northern Ireland shall take part in such a decision insofar as it relates to the provisions of the Schengen acquis and the acts building upon it or otherwise related to it in which these Member States participate.

--------------------------------------------------
12005SP044

Protocol concerning the conditions and arrangements for admission of the Republic of Bulgaria and Romania to the European Union - PART FIVE:PROVISIONS RELATING TO THE IMPLEMENTATION OF THIS PROTOCOL - TITLE I:SETTING UP OF THE INSTITUTIONS AND BODIES - Article 44



Official Journal L 157 , 21/06/2005 P. 0042 - 0042
12005SP054

Protocol concerning the conditions and arrangements for admission of the Republic of Bulgaria and Romania to the European Union - PART FIVE:PROVISIONS RELATING TO THE IMPLEMENTATION OF THIS PROTOCOL - TITLE II:APPLICABILITY OF THE ACTS OF THE INSTITUTIONS - Article 54



Official Journal L 157 , 21/06/2005 P. 0044 - 0044
Article 21

1. In Article 1(2) of Protocol No 34 on the transitional provisions relating to the institutions and bodies of the Union, annexed to the Constitution and to the EAEC Treaty, the following subparagraph shall be added:

"By way of derogation from the maximum number of Members of the European Parliament fixed in Article I-20(2) of the Constitution, the number of Members of the European Parliament shall be increased to take account of the accession of Bulgaria and Romania with the following number of Members from those countries for the period running from the date of accession until the beginning of the 2009‐2014 term of the European Parliament:

Bulgaria 18

Romania 35".

2. Before 31 December 2007, Bulgaria and Romania shall each hold elections to the European Parliament, by direct universal suffrage of their citizens, for the number of Members fixed in paragraph 1, in accordance with the provisions of the Act concerning the election of the Members of the European Parliament by direct universal suffrage [4].

3. By way of derogation from Article I-20(3) of the Constitution, if elections are held after the date of accession, the Members of the European Parliament representing the citizens of Bulgaria and Romania for the period running from the date of accession until each of the elections referred to in paragraph 2, shall be appointed by the Parliaments of those States within themselves in accordance with the procedure laid down by each of those States.

[4] OJ L 278, 8.10.1976, p. 5. Act as last amended by Council Decision 2002/772/EC, Euratom (OJ L 283, 21.10.2002, p. 1).

--------------------------------------------------
Article 16

The last sentence of Article 57(1) of the EC Treaty shall be replaced by the following:

"In respect of restrictions existing under national law in Bulgaria, Estonia and Hungary, the relevant date shall be 31 December 1999."

--------------------------------------------------
65. Declaration by the United Kingdom of Great Britain and Northern Ireland on Article 61 H of the Treaty on the Functioning of the European Union

The United Kingdom fully supports robust action with regard to adopting financial sanctions designed to prevent and combat terrorism and related activities. Therefore, the United Kingdom declares that it intends to exercise its right under Article 3 of the Protocol on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice to take part in the adoption of all proposals made under Article 61 H of the Treaty on the Functioning of the European Union.

--------------------------------------------------
9. Declaration on Article 9 C(9) of the Treaty on European Union concerning the European Council decision on the exercise of the Presidency of the Council

The Conference declares that the Council should begin preparing the decision establishing the procedures for implementing the decision on the exercise of the Presidency of the Council as soon as the Treaty of Lisbon is signed, and should give its political approval within six months. A draft decision of the European Council, which will be adopted on the date of entry into force of the said Treaty, is set out below:

Draft decision of the European Council on the exercise of the Presidency of the Council

Article 1

1. The Presidency of the Council, with the exception of the Foreign Affairs configuration, shall be held by pre-established groups of three Member States for a period of 18 months. The groups shall be made up on a basis of equal rotation among the Member States, taking into account their diversity and geographical balance within the Union.

2. Each member of the group shall in turn chair for a six-month period all configurations of the Council, with the exception of the Foreign Affairs configuration. The other members of the group shall assist the Chair in all its responsibilities on the basis of a common programme. Members of the team may decide alternative arrangements among themselves.

Article 2

The Committee of Permanent Representatives of the Governments of the Member States shall be chaired by a representative of the Member State chairing the General Affairs Council.

The Chair of the Political and Security Committee shall be held by a representative of the High Representative of the Union for Foreign Affairs and Security Policy.

The chair of the preparatory bodies of the various Council configurations, with the exception of the Foreign Affairs configuration, shall fall to the member of the group chairing the relevant configuration, unless decided otherwise in accordance with Article 4.

Article 3

The General Affairs Council shall ensure consistency and continuity in the work of the different Council configurations in the framework of multiannual programmes in cooperation with the Commission. The Member States holding the Presidency shall take all necessary measures for the organisation and smooth operation of the Council's work, with the assistance of the General Secretariat of the Council.

Article 4

The Council shall adopt a decision establishing the measures for the implementation of this decision.

--------------------------------------------------
Article 4

1. Protocol No 1 annexed to this Treaty contains the amendments to the Protocols annexed to the Treaty on European Union, to the Treaty establishing the European Community and/or to the Treaty establishing the European Atomic Energy Community.

2. Protocol No 2 annexed to this Treaty contains the amendments to the Treaty establishing the European Atomic Energy Community.

--------------------------------------------------
35. Declaration on Article 176 A of the Treaty on the Functioning of the European Union

The Conference believes that Article 176 A does not affect the right of the Member States to take the necessary measures to ensure their energy supply under the conditions provided for in Article 297.

--------------------------------------------------