No C 305/4 Official  Journal  of the  European  Communities 22. 11. 80 
Article  9 
This Regulation  shall  not apply  to the use  of subs-
tances  for the purposes  of research. 
Article  10 
1. Where  the procedure  laid  down  in this Article  is 
be used,  the matter  shall  be referred  without  delay  to 
the Standing  Veterinary  Commitee  (hereinafter 
referred  to as 'the  Committee'),  set up by the Council 
Decision  of 15 October  1968,  by the chairman,  either 
on his own  initiative  or at the request  of a Member 
State. 
2. Within  the Committee,  the votes  of the Member 
States  shall  be weighted  as provided  in Article  148  (2) 
of the Treaty.  The  chairman  shall  not vote. 
3. The  Commission  representative  shall  submit  a 
draft  of the measures  to be adopted.  The  Committee 
shall  deliver  its opinion  on the  measures  within  a 
period  to be determined  by the chairman  in keeping 
with the urgency  of the question  submitted  for exami-nation.  Opinions  shall  be delivered  by a majority  of 
41 votes. 
4. The  Commission  shall  adopt  the measures  and 
shall  implement  them  immediately,  where  they  are in 
accordance  with  the  opinion  of the  Committee. 
Where  they  are not in accordance  with  the opinion  of 
the Committee  or if no opinion  is delivered,  the 
Commission  shall  without  delay  submit  to the 
Council  a proposal  on the measures  to be adopted. 
The Council  shall  adopt  the measures  by a qualified 
majority. 
If the Council  has not adopted  any  measures  within 
months  from  the date  on which  the  proposal  was 
submitted  to it, the  Commission  shall  adopt  the 
proposed  measures  and apply  them  immediately. 
Article  11 
This Regulation  shall  enter  into  force  on 1 January 
1981. 
This Regulation  shall  be binding  in its entirety  and 
directly  applicable  in all Member  States. 
Proposal  for a Council  Regulation  on the  definition  of the  customs  territory  of the 
Community 
(Submitted  by the Commission  to the Council  on 7 November  1980) 
THE  COUNCIL  OF THE  EUROPEAN 
COMMUNITIES, 
Having  regard  to the  Treaty,  establishing  the 
European  Economic  Community  and  in particular 
Article  235 thereof; 
Having  regard  to the proposal  from  the Commission; 
Having  regard  to the opinion  of the European  Par-
liament; 
Having  regard  to the opinion  of the Economic  and 
Social  Committee; 
Whereas  the customs  territory  of the Community  is 
defined  by Council  Regulation  (EEC)  No 1496/68  ('), 
last amended  by the Act  of Accession  of Greece  (*); 
whereas  Article  4 of the above  Regulation  provides 
that it shall  not affect  the customs  system  applicable to the  continental  shelf  or that  applicable  to the 
waters  and  foreshores  situated  between  the coast  or 
shore  and  the  limit  of territorial  waters,  or the 
provisions  applicable  in accordance  with  Community 
rules  to be adopted  with  regard  to free  zones; 
Whereas  Council  Regulation  (EEC)  No  802/68  of 
27 June  1968  on the  common  definition  of the 
concept  of the origin  of goods  (J) defined  the customs 
system  applicable  to prpducts  taken  from  the 
continental  shelf;  whereas  there  is no justification  for 
integration  the  continental  shelf  adjacent  to the 
Member  States  into  the  customs  territory  of the 
Community; 
Whereas  Council  Directive  69/75/EEC  of 4 March 
1969  on  provisions  relating  to free  zones  (4) 
established  the Community  rules  applicable  in those 
zones; 
(') OJ No L 238,  28. 9. 1968,  p. 1 
O OJ  No L 291,  19. 11. 1979,  p. 17 O OJ  No L 148,  28. 6. 1968,  p. 1 
O OJ  No L 58, 8. 3. 1969,  p. 1 
22. 11. 80 Official  Journal  of the  European  Communities No C 305/5 
Whereas,  in accordance  with  the  Community's 
consistent  interpretation,  particularly  when  laying 
down  the  terms  of agreements  governing  trade 
arrangements  with  its  associated  countries,  the 
territorial  waters  of the  Member  States  must  be 
considered  an integral  part  of their  territory  and, 
consequently,  of the  customs  territory  of the 
Community; 
Whereas  Article  4 of Regulation  (EEC)  No 1496/68 
has consequently  lost  all meaning  and  whereas  main-
taining  it can  only  have  the  effect  of creating 
confusion; 
Whereas  it should  be specified  that  the  air space 
above  the sea and land  of the customs  territory  of the 
Community  is also  an integral  part  of it; 
Whereas  the  definition  of the  common  customs 
territory  is designed  to establish  the  geographical 
space  in which  all Community  customs  rules  must  be 
applied  uniformly,  except  in the  case  of specific 
provisions  to the  contrary;  whereas  this  should  be 
stated  expressly; 
Whereas,  for  the sake  of clarity,  it is desirable  to 
collect  all the provisions  henceforth  applicable  with 
regard  to the definition  of the customs  territory  of 
the Community  in a new  regulation,  and  therefore  to 
repeal  Regulation  (EEC)  No 1496/68; 
HAS  ADOPTED  THIS  REGULATION: 
Article  1 
The customs  territory  of the  Community  shall 
comprise  the territories  listed  below,  including,  where 
appropriate,  their  inland  and  archipelagic  waters, 
together  with  the adjacent  territorial  sea and  the air 
space  above  all of these: 
— the territory  of the Kingdom  of Belgium; 
— the territory  of the Kingdom  of Denmark,  except 
the Faroe  Islands; 
— the German  territories  to which  the  Treaty 
establishing  the European  Economic  Community 
applies,  except  the Island  of Heligoland  and  the 
territory  of Busingen  (Treaty  of 23 November 
1964  between  the Federal  Republic  of Germany 
and the Swiss  Confederation); 
— the territory  of the Hellenic  Republic; 
— the  territory  of the  French  Republic,  except  the 
overseas  territories; 
— the territory  of Ireland; — the  territory  of the Italian  Republic,  excepting  the 
communes  Livigno  and Campione  d'ltalia  and  the 
national  waters  of Lake  Lugano  which  are 
between  the bank  and  the political  frontier  of the 
area between  Ponte  Tresa  and  Porto  Ceresio; 
— the territory  of the Grand  Duchy  of Luxembourg; 
— the territory  of the Kingdom  of the Netherlands 
in Europe; 
— the territory  of the  United  Kingdom  of Great 
Britain  and  Northern  Ireland  together  with  the 
Channel  Islands  and the Isle of Man. 
Article  2 
The territories  situated  outside  the  territory  of 
Member  States  and  covered  by the  Annex  to this 
Regulation  shall,  in accordance  with  the convention 
and treaties  applicable  to them,  be considered  part  of 
the customs  territory  of the Community. 
Article  3 
Except  where  there  are  specific  provisions  to the 
contrary,  particularly  those  arising  from  the 
application  of international  conventions,  the customs 
rules  of the  Community  shall  apply  uniformly 
throughout  the whole  of the customs  territory  of the 
Community. 
Article  4 
The provisions  of this  Regulation  shall  apply  without 
prejudice  to the arrangements  set out in the Protocol 
to the  Treaty  on  German  internal  trade  and 
connected  problems,  particularly  to German  rules 
regarding  the German  customs  territory. 
Article  5 
1. Regulation  (EEC)  No  1496/68  is hereby 
repealed. 
2. In  all Community  acts  referring  to Council 
Regulation  (EEC)  No 1496/68,  such  reference  shall 
be considered  as applying  to this Regulation. 
Article  6 
This Regulation  shall  enter  into  force  on 1 July  1981. 
This Regulation  shall  be binding  in its entirety  and 
directly  applicable  in all Member  States. 
No C 305/6 Official  Journal  of the European  Communities 22. 11. 80 
ANNEX 
1. GERMANY 
The Austrian  territories  of Jungholz  and  Mittelberg  as defined  in the following  treaties: 
— with  regard  to Jungholz  — Treaty  of 3 May  1868  (Bayerisches  Regierungsblatt  1868, 
p. 1245); 
— with  regard  to Mittelberg  — Treaty  of 2 December  1890  (Reichsgesetzblatt  1891,  p. 59), 
2. FRANCE 
The territory  of the  Principality  of Monaco  as defined  in the Customs  Convention  signed  in 
Paris  on 18 May  1963  (Official  Journal  of 27 September  1963,  p. 8679) 
3. ITALY 
The territory  of the Republic  of San  Marino  as defined  in the Convention  of 31 March  1939 
(Law  of 6 June  1939,  No 1220). 
Proposal  for an amendment  to Council  Regulation  (EEC)  No 726/79  as regards  the 
granting  of financial  support  for projects  to exploit  alternative  energy  sources  (') 
(Submitted  by the Commission  to the Council  pursuant  to the second  paragraph  of Article 
149 of the EEC  Treaty  on 30 October  1980) 
Preamble  unchanged 
Sole Article 
1. The  maximum  amount  of aid  to be granted 
pursuant  to Regulation  (EEC)  No 1302/78  is hereby 
fixed,  for guidance  purposes,  at 145 million  European 
units  of account  for  the  whole  of the  five-year 
programme. 
2. The  following  maxima  are  established,  for 
guidance  purposes,  for the following  sectors: 
(million  EUA) 
— liquefaction  and gasification  of solid  fuels  100 — exploitation  of geothermal  fields  22  • 5 
— exploitation  of solar  energy  22  • 5 
The figures  given  in Paragraphs  1 and  2 are of an 
indicative  nature  only. 
The Commission  may,  within  the limit  of 145  million 
European  units  of  account,  modify  this 
apportionment  by up to 10 % of any  of the sectoral 
amounts. 
This Regulation  shall  be binding  in its entirety  and 
directly  applicable  in all Member  States. 
(') OJ No C 280,  30. 10. 1980,  p. 6.