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Document 12003TN14/03

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 XIV: List referred to in Article 24 of the Act of Accession: Slovakia - 3. Free movement of capital

OJ L 236, 23.9.2003, p. 917–917 (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

Legal status of the document In force

12003TN14/03

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 XIV: List referred to in Article 24 of the Act of Accession: Slovakia - 3. Free movement of capital

Official Journal L 236 , 23/09/2003 P. 0917 - 0917


3. FREE MOVEMENT OF CAPITAL

Treaty on European Union;

Treaty establishing the European Community.

Notwithstanding the obligations under the Treaties on which the European Union is founded, Slovakia may maintain in force for seven years from the date of accession the rules regarding the acquisition by non-residents of agricultural land and forests laid down in Foreign Exchange Act No. 202/1995 Coll. and in Act No. 229/1991 Coll. on Ownership of Land and Agricultural Property, as amended. In no instance may a national of a Member State be treated less favourably in respect of the acquisition of agricultural land and forests than at the date of signature of the Accession Treaty or be treated in a more restrictive way than a national of a third country.

Nationals of the other Member States who want to establish themselves as self-employed farmers and who have been legally resident and active in farming in Slovakia for at least three years continuously, shall not be subject to the provisions of the preceding paragraph or to any procedures other than those to which nationals of Slovakia are subject.

A general review of these transitional measures shall be held before the end of the third year following the date of accession. To this effect, the Commission shall submit a report to the Council. The Council may, acting unanimously on a proposal from the Commission, decide to shorten or terminate the transitional period indicated in the first paragraph.

Should Slovakia introduce authorisation procedures for the acquisition of real estate in Slovakia by non-residents during the transitional period, they shall be based on transparent, objective, stable and public criteria. These criteria shall be applied in a non-discriminatory manner and shall not differentiate between nationals of Slovakia and of other Member States.

If there is sufficient evidence that, upon expiry of the transitional period, there will be serious disturbances or a threat of serious disturbances on the agricultural land market of Slovakia, the Commission, at the request of Slovakia, shall decide upon the extension of the transitional period for up to a maximum of three years.

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