EN Official Journal of the European Union L 168/35

COUNCIL DIRECTIVE 2004/66/EC

of 26 April 2004

adapting Directives 1999/45/EC, 2002/83/EC, 2003/37/EC and 2003/59/EC of the European Parliament and of the Council and Council Directives 77/388/EEC, 91/414/EEC, 96/26/EC, 2003/48/EC and 2003/49/EC, in the fields of free movement of goods, freedom to provide services, agriculture, transport policy and taxation, by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Treaty on the 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 to the European Union (1) (hereinafter referred to as the ‘Treaty of Accession’), and in particular Article 2(3) thereof,

Having regard to the Act 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 (2) (hereinafter referred to as the ‘Act of Accession’), and in particular Article 57 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) For certain acts which remain valid beyond 1 May 2004 and require adaptation by reason of accession, the necessary adaptations were not provided for in the Act of Accession, or were provided for but need further adaptation. All these adaptations need to be adopted before accession so as to be applicable as from accession.

(2) Pursuant to Article 57(2) of the Act of Accession, such adaptations are to be adopted by the Council in all cases where the Council alone or jointly with the European Parliament adopted the original act.

(3) Directives 1999/45/EC (3), 2002/83/EC (4), 2003/37/EC (5) and 2003/59/EC (6) of the European Parliament and of the Council and Council Directives 77/388/EEC (7), 91/414/EEC (8), 96/26/EC (9), 2003/48/EC (10) and 2003/49/EC (11) should therefore be amended accordingly,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Directives 1999/45/EC, 2002/83/EC, 2003/37/EC, 2003/59/EC, 77/388/EEC, 91/414/EEC, 96/26/EC, 2003/48/EC and 2003/49/EC are amended as set out in the Annex of this Directive.

Article 2

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by the date of entry into force of the Treaty of Accession. As regards the provisions of this Directive adapting Directive 91/414/EC as amended, as well as Directives 2002/83/EC, 2003/37/EC and 2003/59/EC, the date of transposition shall be that laid down therein. Member States shall forthwith submit the text of the provisions transposing this Directive to the Commission, with a table setting out their correlation with the specific provisions of this Directive.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

Article 3

This Directive shall enter into force only subject to and on the date of the entry into force of the Treaty of Accession.

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 26 April 2004. For the Council B. COWEN The President

(1) OJ L 236, 23.9.2003, p. 17.

(2) OJ L 236, 23.9.2003, p. 33.

(3) OJ L 200, 30.7.1999, p. 1. Directive as last amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

(4) OJ L 345, 19.12.2002, p. 1.

(5) OJ L 171, 9.7.2003, p. 1.

(6) OJ L 226, 10.9.2003, p. 4.

(7) OJ L 145, 13.6.1977, p. 1. Directive as last amended by Directive 2004/7/EC (OJ L 27, 30.1.2004, p. 44).

(8) OJ L 230, 19.8.1991, p. 1. Directive as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(9) OJ L 124, 23.5.1996, p. 1. Directive as last amended by the Act of Accession.

(10) OJ L 157, 26.6.2003, p. 38.

(11) OJ L 157, 26.6.2003, p. 49.