Proposal for a Council Act establishing the Convention on rules for the admission of third-country nationals to the Member States (97/C 337/03) (Text with EEA relevance) COM(97) 387 final - 97/0227 (CNS)

(submitted by the Commission pursuant to Article K.3(2)(c) of the Treaty on European Union on 30 July 1997)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article K.3(2), first indent, point (c) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Considering that for the purposes of achieving the objectives of the European Union, the Member States regard immigration policy and in particular the conditions of residence by third-country nationals on the territory of the Member States, including family reunification and access to employment, as a matter of common interest falling within the scope of cooperation as laid down in Title IV of the Treaty;

HAS DECIDED to establish the Convention the text of which is attached, signed this day by the Representatives of the Governments of the Member States of the European Union;

RECOMMENDS its adoption by the Member States in accordance with their respective constitutional rules.

CONVENTION on rules for the admission of third-country nationals to the Member States of the European Union

THE HIGH CONTRACTING PARTIES to this Convention, Member States of the European Union,

REFERRING to the Act of the Council of the European Union of . . .;

1. CONSIDERING that under Article K.1(3)(a) and (b) of the Treaty on European Union and without prejudice to the powers of the European Community, immigration policy and in particular the conditions of residence by third-country nationals on the territory of the Member States, including family reunion and access to employment, are a matter of common interest falling within the scope of cooperation as laid down in Title VI of the Treaty;

2. CONSIDERING that rules governing the conditions of residence and access to employment for citizens of the Union and other persons covered by Community law fall under the Treaty establishing the European Community; whereas this Convention lays down rules applicable to persons not covered by Community law;

3. CONSIDERING that resolutions on rules of admission and on the status of third-country nationals residing in the Member States on a long-term basis have already been adopted; whereas this established policy approach may usefully be enhanced by closer cooperation leading to the laying-down of common legal rules governing immigration policy, subject to the requirements of law and order and of public security;

4. CONSIDERING that those rules should, in particular, lay down conditions of admission for the purposes of paid employment and the pursuit of independent economic activities, taking due account of the interests of all the Member States;

5. CONSIDERING that the rules laid down are also intended to underpin the Member States' openness to the rest of the world and their level of exchanges with other countries, especially in the cultural, scientific and economic spheres, through common provisions on admission for the purposes of education and vocational training;

6. CONSIDERING that those rules should allow families to exercise their right to live together, by laying down arrangements for families to be reunited;

7. CONSIDERING that the common rules should also define the rights of third-country nationals residing legally in a Member State, especially those who are resident on a long-term basis, and the conditions under which they may enjoy those rights in a Member State other than the Member State where they have acquired the status of long-term residents;

8. CONSIDERING that these common rules should accord with their common international undertakings, in particular the European Convention on the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 and the Geneva Convention relating to the Status of Refugees of 28 July 1951, as amended by the New York Protocol of 31 January 1967, and with more favourable constitutional provisions on asylum;

9. CONSIDERING that these common rules on admission, with the exception of the rules concerning family reunification together with those applying to persons recognized as long-term residents, confer no right of residence and that the Member States retain their discretionary powers to take actual decisions as to the admission of nationals of non-member countries,

HAVE AGREED AS FOLLOWS:

CHAPTER I DEFINITIONS AND SCOPE

Article 1 Definitions

For the purposes of this Convention:

(a) 'admission` means permission for a third-country national to enter the territory of a Member State in order to reside there for longer than three months;

(b) 'residence authorization` means decision taken by a Member State in whatever form is provided by its own legislation to permit a person to reside in its territory for a period of more than three months; this does not include temporary authorizations which may be issued by Member States in certain cases.

Article 2 Scope

1. The provisions of this Convention shall apply to nationals of third countries, except where more favourable provisions apply under:

(a) bilateral or multilateral agreements concluded between the Community, or the Community and its Member States, of the one part, and third States of the other part, which entered into force before this Convention was signed;

(b) agreements concluded between one or more Member States and third countries which entered into force before this Convention was signed.

It shall not apply to:

(a) persons who have applied in a Member State for recognition of refugee status under the terms of the 1951 Geneva Convention;

(b) displaced persons granted admission to stay for temporary protection in a Member State;

(c) persons granted exceptional authorization to stay in the territory of a Member State, particularly on humanitarian grounds.

2. The provisions of this Convention shall not apply to citizens of the Union or to nationals of third countries enjoying a right of residence in a Member State by virtue of Community law.

CHAPTER II GENERAL RULES

Article 3 Examination of initial applications for admission

1. An initial application by a third-country national for admission to a Member State may be considered by the competent authorities only if the applicant is outside the territory of the Member States when the application is made and remains so until notified of the decision reached.

2. The Member State to which application is made shall examine applications carefully, having regard among other things to considerations of public policy, public security and health. Common rules on the examination of applications shall be laid down in accordance with the procedure under Article 36.

Article 4 Travel documents

Third-country nationals must have the necessary travel documents in order to enter the territory of the Member State to which they have been granted admission. The Member State shall issue any visas required.

Other Member States shall issue any transit visas necessary to enable such third-country nationals to travel to the Member State to which they have been granted admission.

Article 5 Permitted absences

1. Third-country nationals admitted to a Member State shall be permitted to leave that Member State for reasons other than those for which they were admitted to it, for a period not exceeding 13 full weeks in any full calendar year plus statutory holidays.

Where the absence is for the same reasons as those which justified their admission, the limit as to duration contained in the first subparagraph shall not apply.

2. By way of derogation from paragraph 1, third-country nationals recognized as long-term residents in accordance with Articles 32 and 33 may leave the Member State where they have been recognized as long-term residents for a period not exceeding 26 consecutive weeks. This period may be exceeded where they leave the Member State to change their Member State of residence in accordance with Article 35.

3. Longer authorized periods of absence than those provided for by paragraphs 1 and 2 may be permitted:

(a) provided that a request based on cogent grounds is submitted by the person concerned before leaving and receives approval;

(b) provided that a request based on exceptional grounds is submitted by the person concerned after leaving and receives approval.

A list of such grounds shall be defined in accordance with the procedure laid down in Article 36.

Article 6 Renewal of residence authorization

1. Without prejudice to the provisions of the 1951 Geneva Convention, third-country nationals may, when their authorized period of residence expires, apply locally for the renewal of their residence authorization if the conditions which justified the granting of admission are still met.

2. Without prejudice to the provisions of Article 31, third-country nationals may only submit an application for admission on a different ground from that on which admission was previously granted if they are outside the territory of the Member States. Fresh applications of this kind may be considered only if the applicant is staying outside the territory of the Member States when the application is made and remains so until notified of the decision reached.

3. By way of derogation from paragraph 2, applications for admission made locally on a different ground from that on which admission was previously granted shall be permitted, but only in circumstances strictly set out in accordance with the procedure under Article 36, for the following persons:

(a) persons admitted pursuant to Article 7 or 8 and wishing to reside pursuant to Chapter IV;

(b) persons admitted pursuant to Chapter IV and wishing to reside pursuant to Article 7 or 8.

4. By way of derogation from paragraphs 2 and 3, third-country nationals who have been recognized as long-term residents under Articles 32 and 33 shall not be required to leave the territory of the Member States in order to submit an application for renewal of their residence authorization.

CHAPTER III ADMISSION FOR THE PURPOSES OF PAID EMPLOYMENT

Article 7 Principles

1. A third-country national may be granted admission to the territory of a Member State for the purposes of paid employment where a job vacancy in a Member State cannot be filled in the short term:

(a) by citizens of the Union; or

(b) by a third-country national who is legally resident in the Member State and already forms part of the regular labour market in that Member State; or

(c) by a third-country national who has been recognized as a long-term resident.

2. Measures for the implementation of paragraph 1 shall be adopted under the procedure laid down in Article 36.

Article 8 Conditions of admission

1. On their initial admission for the purposes of paid employment, third-country nationals must already have obtained a work contract of not less than one year's duration and authorization to take up that employment in the territory of the Member State concerned. Once these conditions are satisfied, and admission is granted, third-country nationals shall be issued with a residence authorization for a period at least equivalent to the duration of the work contract. The first residence authorization, however, is limited to a period of four years.

2. A residence authorization granted for the purposes of paid employment may be renewed if the conditions of Article 7(1) are still satisfied when the application for renewal is made.

3. Measures for the implementation of paragraph 2 shall be adopted under the procedure laid down in Article 36.

Article 9 Seasonal workers

1. For the purposes of this Convention 'seasonal workers` means third-country nationals who retain their legal domicile in a third country but are employed in the territory of a Member State in a sector of activity dependent on the passing of the seasons, under a fixed-term contract for a specific job.

2. Third-country nationals may be admitted as seasonal workers for up to six months in any calendar year, after which they must return to a third country.

3. Where residence authorization has been granted for less than six months, this may be extended at the place of employment to allow seasonal workers to complete the work for which they were originally granted admission. The employer must submit the extension request, duly substantiated, at least one month before expiry of the initial authorization.

4. In admitting seasonal workers, a Member State shall give third-country nationals who have previously performed seasonal work in that State preference over third-country nationals making their first application for admission for the purposes of seasonal work.

Article 10 Transfrontier workers

1. For the purposes of this Convention, 'transfrontier workers` means third-country nationals resident in the frontier zone of a third country who are employed in the frontier zone of an adjacent Member State and who return to the frontier zone of that third country each day or at least once a week.

2. Transfrontier workers who are nationals of third countries may be admitted for the purposes of paid employment in the frontier zone of an adjacent Member State notwithstanding the principles set out in Article 7 of this Convention

CHAPTER IV ADMISSION FOR THE PURPOSES OF PURSUING AN INDEPENDENT ECONOMIC ACTIVITY

Article 11 Definition

For the purposes of this Convention, 'admission for the purposes of pursuing an independent economic activity` means the entry into the territory of a Member State of a natural person who is a third-country national in order to pursue in that Member State an economic activity involving no subordinate relationship to an employer.

Article 12 Conditions of admission

Third-country nationals wishing to establish themselves in a Member State in order to pursue an independent economic activity may be admitted to the territory of that Member State on condition that they comply with the rules governing the exercise of the activity concerned, namely if:

(a) they have sufficient resources to undertake, in the relevant Member State, the activity for which they submit their admission application; and

(b) the business generated by the person admitted will have, during the period of validity of the initial residence authorization, a beneficial effect on employment in the Member State in which he resides.

Measures for the implementation of the first paragraph shall be adopted in accordance with the procedure laid down in Article 36.

Article 13 Residence authorization

1. The residence authorization granted to third-country nationals to pursue an independent economic activity referred to in Article 12 shall be issued for at least two years.

2. Applications for renewal may be made in the host Member State for the same activity as that for which initial authorization was given or for an activity which is a continuation or development of it.

When the application for renewal is submitted, third-country nationals must:

(a) have actually pursued the activity for which admission was authorized;

(b) be able to guarantee that they can continue to pursue that activity lawfully and regularly;

(c) satisfy the conditions set out in point (b) of Article 12.

Article 14 Provision of services

The admission of third-country nationals to the Member States to pursue activities involving the supply of services shall, without prejudice to Community law, be governed by the procedure laid down in Article 36.

CHAPTER V ADMISSION FOR THE PURPOSES OF STUDY AND VOCATIONAL TRAINING

Article 15 Admission for study purposes

Third-country nationals may be granted admission to the territory of a Member State for study purposes if they have been admitted to a State or State-recognized establishment of higher education in order to:

(a) attend preparatory courses for a specific course of study in higher education;

(b) pursue a course of study;

(c) prepare a doctoral thesis;

(d) pursue research activity as part of a basic or advanced vocational education after obtaining a degree or higher education diploma, where that activity is not primarily intended to secure an income.

Article 16 Residence authorization

1. The period of residence shall be limited to the length of the course of study chosen. The duration of the residence authorization issued shall be the same as the duration of enrolment at the establishment attended.

2. Residence authorizations may be renewed annually. They shall be renewed if the applicants produce evidence that they continue to satisfy the requirements set for the issuance of the initial authorization and that they have taken any tests required by the higher education establishment which they attend.

3. Students may not change their course of study after the first year. If they do change course after that time, they shall make a fresh admission application for study purposes.

4. Measures for the implementation of paragraphs 1, 2 and 3 shall be adopted in accordance with the procedure laid down in Article 36.

Article 17 Employment authorization for students

Third-country nationals admitted to the territory of a Member State for study purposes are not authorized to engage in a gainful occupation, whether in paid employment or in a self-employed capacity. Subsidiary or short-term work such as, by way of derogation from Article 9, seasonal work shall continue to be open to them provided that this does not interfere with their studies.

Article 18 Completion of study

1. Third-country nationals who have completed one of the categories of study as defined in Article 15, and who wish to continue studying under another category, may apply for a new authorization in the host Member State.

2. Third-country nationals who wish to remain in a Member State for another purpose after completing their studies must go through the initial admission procedure.

Article 19 Trainees

1. For the purposes of this Convention, 'trainees` means workers whose presence in the territory of a Member State is closely linked to their wish to improve their skills and qualifications in their chosen occupation in order to pursue it in a third country.

2. Third-country nationals seeking admission to the territory of a Member State as trainees must satisfy the following requirements:

(a) they shall hold a training agreement with a host establishment, guaranteeing them sufficient remuneration to support themselves; and

(b) they shall enjoy social security cover for risks that may arise in the host Member State.

3. Residence authorization granted to trainees shall be limited to one year. If the time required to obtain a vocational qualification is more than one year, the authorization may be extended annually. In no circumstances may an extension be granted to allow the person concerned to take up employment.

Article 20 Specific programmes

Member States shall facilitate the admission of third-country nationals as students, trainees or researchers, under cooperation programmes that receive Community funding.

To that end, implementing measures shall be laid down in accordance with the procedure under Article 36.

Article 21 Limits of scope

The provisions of this chapter shall not apply to:

(a) pupils in primary and secondary education;

(b) apprentices.

CHAPTER VI ADMISSION FOR OTHER PURPOSES

Article 22 Conditions of admission

Third-country nationals to whom the provisions of Chapters III, IV, V or VII do not apply may be granted admission to the territory of a Member State if they satisfy the following requirements:

(a) they shall have sufficient means to support themselves without engaging in any of the gainful activities referred to in Chapters III and IV; and

(b) they shall enjoy social security cover that is valid in the Member State to which they are seeking admission; and

(c) they shall be able to show the lawful origin of their means of support; and

(d) they shall have accommodation in the Member State to which application is made.

Measures for the implementation of the first paragraph shall be adopted in accordance with the procedure laid down in Article 36.

Article 23 Residence authorization

1. The initial residence authorization granted to a third-country national shall be issued for at least one year.

2. Residence authorizations may be extended for at least one year. Third-country nationals must show that they continue to satisfy the requirements laid down in Article 22 when they apply for an extension.

CHAPTER VII ADMISSION FOR THE PURPOSES OF FAMILY REUNIFICATION

Article 24 Principles

1. Third-country nationals may exercise their right to family reunification provided that they have been legally resident in a Member State for at least one year and have the right of residence in that Member State for at least one year on the date when they submit the application provided for in Article 28.

2. By way of derogation from paragraph 1, third-country nationals enjoying the provisions of Article 15 may submit the application provided for in Article 28 when they have been legally resident in a Member State for at least two years and have the right of residence in that Member State for one more year.

Article 25 Members of families of Union citizens not exercising the right to freedom of movement

By way of derogation from this chapter, family reunification of nationals of non-member countries who are members of the family of a Union citizen who resides in the Member State of which he is a national shall be subject to the same conditions as are imposed by Articles 10, 11 and 12 of Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the Community (1) and by all other relevant provisions of Community law.

Article 26 Categories of persons entitled to be reunited

1. The following persons shall be admitted for the purposes of family reunification, provided that the marriage is compatible with the fundamental principles of the law of the Member State:

(a) the resident's spouse;

(b) children of the resident and his or her spouse, including children adopted in accordance with a decision by the authority responsible in the Member State or a decision recognized by that authority;

(c) children, including adopted children, of the resident or his or her spouse where one or other of them has sole parental authority over those children, has been given custody of them, and is de facto responsible for them.

2. To qualify for admission for the purposes of family reunification, children shall be below the age of legal majority in the Member State concerned and shall be unmarried.

3. Member States shall give favourable consideration to family reunification involving dependent relatives in the ascending line as well as other dependent relatives in the descending line, provided that the conditions laid down in Article 28 are met.

Article 27 Fraud

1. Member States may refuse to admit a spouse or a child for the purposes of family reunification, or shall withdraw their residence authorization, if it is found that fraud or forgery has been used.

2. Member States shall refuse to admit a spouse or an adopted child for the purposes of family reunification or may withdraw their residence authorization, if it is found that the sole purpose of the marriage or adoption was to enable such person to be admitted to a Member State.

Article 28 Accommodation and means of support

1. To exercise their right to family reunification, a third-country national shall submit an application in the Member State where he is resident and at the same time furnish proof that he has suitable accommodation and adequate means to support his family when reunited. This application may be submitted six months after his entry into the Member State where he is resident.

2. The conditions of paragraph 1 shall be laid down in detail by implementing measures adopted in accordance with the procedure provided for in Article 36.

Article 29 Residence authorization

Once a Member State has approved an application for family reunification, it shall issue residence authorizations to the family members to be reunited, which shall be valid for the remaining duration of the current residence authorization of the person with whom they are being reunited.

Article 30 Employment of persons admitted for the purposes of family reunification

1. Persons admitted for the purposes of family reunification shall not be authorized to take up employment or pursue an independent economic activity until a period of six months from the date of their arrival has elapsed.

2. By way of derogation from paragraph 1, the six-month period shall not be mandatory where there are unforeseen changes in the composition or income of the family that generate a need for the persons admitted for the purposes of family reunification to be allowed to pursue an activity.

Article 31 Acquisition of separate status by persons admitted for the purposes of family reunification

1. Where persons admitted for the purposes of family reunification are widowed, divorced or legally separated, lose their parents through death or reach the age of majority, they may submit an application for residence authorization in another capacity. This application shall be examined in the Member State to which they were admitted.

2. The persons concerned must submit their application no later than three months before their residence authorization expires. However, if the residence authorization expires less than three months after the circumstances justifying admission have ceased to apply, this deadline shall be extended to a total of three months.

Where necessary, the Member State concerned shall issue them with a provisional residence authorization for the period during which their application is being considered until they are notified of the decision reached.

CHAPTER VIII THIRD-COUNTRY NATIONALS WHO ARE LONG-TERM RESIDENTS

Article 32 Definition

Third-country nationals shall be recognized as long-term residents in a Member State if they satisfy the following requirements:

(a) they shall have been legally resident on a regular basis in a Member State for at least five years; and

(b) they shall hold an authorization which permits residence for a total period of at least 10 years from their first admission.

Article 33 Residence authorization

1. Once third-country nationals acquire recognition as long-term residents, this shall be shown by a specific entry on their residence authorization document.

2. When their residence authorization referred to in point (b) of Article 32 expires, third-country nationals who are long-term residents shall be entitled to a residence authorization for the maximum period allowed in the Member State where they reside, and in any event for not less than 10 years.

Article 34 Rights in the Member State of residence

1. In the Member State in which they are long-term residents and without prejudice to Community law, third-country nationals recognized as long-term residents shall:

(a) have access to the entire territory of that Member State;

(b) be authorized to exercise all activities referred to in Chapters III, IV and V;

(c) be authorized to reside for all the purposes referred to in Chapters VI and VII;

(d) be afforded increased protection against expulsion, subject to the requirements of law and order and of internal security;

(e) enjoy the same treatment as citizens of the Union with regard to:

(i) access to employment or self-employment;

(ii) vocational training;

(iii) trade union rights;

(iv) the right of association;

(v) access to housing, whether in the private, public or para-Statal sector;

(vi) social welfare;

(vii) schooling.

2. Measures for the implementation of paragraph 1 shall be defined in accordance with the procedure laid down by Article 36.

Article 35 Rights in other Member States

1. A third-country national recognized as a long-term resident may:

(a) apply for employment in another Member State by answering a vacancy known to him, subject to compliance with the principles laid down in Article 7;

(b) apply to pursue a course of study as defined in Article 15 in another Member State.

In the cases shown in the first subparagraph, if the person obtains a work contract or enrolment in an establishment of higher education, the Member State concerned shall admit the third-country national concerned and shall issue him with the necessary authorizations, including those relating to residence.

2. A third-country national settled in accordance with paragraph 1 in a Member State other than that which has recognized him as a long-term resident shall be recognized as such likewise in his new Member State of

residence, after a period of two years' residence. This shall be shown by the issue of a residence authorization for a period equal to that which enabled him to be recognized as a long-term resident in his previous Member State of residence.

3. A third-country national recognized as a long-term resident of a Member State shall cease to be recognized as such in that Member State once he is recognized as a long-term resident of another Member State in accordance with paragraph 2.

CHAPTER IX FINAL PROVISIONS

Article 36 Procedure for the adoption of implementing measures

1. Subject to paragraphs 2 and 3, implementing measures provided for in this Convention shall be adopted within the Council by a two-thirds majority of the High Contracting Parties.

2. The implementing measures referred to in Articles 6(3), 7(2), 8(3), 12, and 34 shall be adopted by common accord amongst the High Contracting Parties within two years of publication of the act establishing this Convention in the Official Journal of the European Communities.

After the period set out in the first subparagraph, the implementing measures shall be adopted in accordance with paragraph 1.

3. The implementing measures referred to in Articles 14 and 22 and any implementing measures not expressly provided for in this Convention shall be adopted by common accord amongst the High Contracting Parties.

4. The implementing measures referred to in paragraphs 1, 2 and 3 shall be published in the Official Journal of the European Communities.

Article 37 Jurisdiction of the Court of Justice of the European Communities

1. Any dispute between Member States or between a Member State and the Commission as to the interpretation or application of this Convention shall first be considered by the Council with a view to reaching a settlement. If no solution is found within six months, the matter shall be referred to the Court of Justice of the European Communities by any party to the dispute.

2. The Court of Justice shall have jurisdiction to give preliminary rulings on the interpretation of this Convention. Any court or tribunal of a Member State against whose decisions there is no judicial remedy under national law shall request the Court of Justice to give a preliminary ruling on a question raised in a case pending before it concerning the interpretation of this Convention, if it considers that a decision on that question is necessary to enable it to give judgment.

Article 38 Relations with third countries

Any Member State which intends to conduct negotiations with a third country to lay down more favourable rules for the admission of nationals of that State shall inform the other Member States and the Commission in good time.

No Member State may conclude such agreements with one or more third countries without the prior approval of the Council.

Article 39 Safeguard clause

The provisions of this Convention shall not preclude derogations from its clauses by a Member State under the provisions of Article K.2(2) of the Treaty on European Union. Such derogations may be made only in exceptional cases and shall be confined to such period as is strictly necessary.

A Member State availing itself of this option shall, in so doing, take into account the interests of the other Member States and keep both they and the Commission closely informed.

Article 40 Reservations

Reservations shall not be permissible in respect of this Convention.

Article 41 Adoption and entry into force

1. This Convention shall be submitted for adoption by the Member States in accordance with their respective constitutional requirements. Each Member State shall initiate the national procedure for adoption no later than six months after the act establishing this Convention has been published in the Official Journal of the European Communities.

2. Member States shall notify the depositary of the completion of their constitutional requirements for adopting this Convention.

3. This Convention shall enter into force on the first day of the month following the expiry of a two-month period after the notification referred to in paragraph 2 by whichever Member State, being a member of the European Union on the date of adoption by the Council of the act establishing this Convention, is the last to fulfil that formality.

4. The provisions of this Convention shall apply from the first day of the month following the expiry of a two-month period after the Convention has entered into force.

By way of derogation from the first subparagraph, the provisions relating to the adoption of the implementing measures referred to in Article 36 shall apply from the date when the Act establishing this Convention is published in the Official Journal of the European Communities.

The implementing measures shall enter into force at the earliest on the date of entry into force of this Convention.

Article 42 Amendment of the Convention

1. Amendments to this Convention or to measures implementing it may be proposed by any Member State, High Contracting Party, and by the Commission. All proposed amendments shall be sent to the Council and, if necessary, to the Commission.

2. The Council shall unanimously decide on any amendments to this Convention, which it shall recommend to the Member States for adoption in accordance with their respective constitutional requirements. The amendments shall be published in the Official Journal of the European Communities after adoption by the Council. Each Member State shall initiate the national procedure for adoption no later than six months after the amendments are published in the Official Journal of the European Communities.

3. Amendments adopted in accordance with paragraph 2 of this Article shall enter into force in accordance with Article 41(3).

4. The Council shall decide on amendments to measures implementing this Convention in accordance with the procedures laid down for the adoption of those implementing measures. Such amendments shall enter into force on the first day of the month following the expiry of a two-month period after their adoption by the Council, save where otherwise provided in the Council act adopting them.

Article 43 Accession by new Member States

1. This Convention shall be open to accession by any State that becomes a member of the European Union.

2. The text of this Convention in the language or languages of the acceding State, drawn up by the Council, shall be authentic.

3. Instruments of accession shall be deposited with the depositary.

4. This Convention shall enter into force with respect to any State that accedes to it on the first day of the month following the expiry of a two-month period following the date of deposit of its instrument of accession or on the date of entry into force of the Convention if it has not already entered into force at the time of expiry of the said period.

Article 44 Depositary

1. The Secretary-General of the Council of the European Union shall act as depositary of this Convention.

2. The depositary shall publish in the Official Journal of the European Communities information on the progress of notifications, accessions, amendments and entry into force and any other communication concerning this Convention.

In witness whereof, the undersigned Plenipotentiaries have hereunto set their hands.

Done at . . . on . . . in a single original, in the Danish, Dutch, English, Finnish, French, German, Greek, Irish, Italian, Portuguese, Spanish and Swedish languages, each text being equally authentic, such original remaining deposited in the archives of the General-Secretariat of the Council of the European Union.

(1) OJ L 257, 19. 10. 1968, p. 2.