22. Technical aspects of the act shall be contained in the annexes, to which individual reference shall be made in the enacting terms of the act and which shall not embody any new right or obligation not set forth in the enacting terms.
Annexes shall be drawn up in accordance with a standardised format.
A. Annexes in the strict sense and non-autonomous legal instruments annexed
Annexes in the strict sense are used as a means of presenting provisions or parts of provisions separately from the body of the enacting terms, in particular because of their technical nature. Examples might be: rules to be applied by customs officers, doctors or veterinarians (such as chemical analysis techniques, sampling methods, and forms to be used), lists of products, tables of figures, plans and drawings and so on.
Where there are practical obstacles to incorporating technical rules or data in the actual enacting terms, the recommended practice is to put them in an annex. There must always be a clear reference in the appropriate part of the enacting terms to the link between those provisions and the annex (using phrases such as ‘listed in the Annex’ or ‘set out in Annex I’).
Such an annex is by its very nature an integral part of the act, and there is accordingly no need for that to be stated in the provision referring to the annex.
The word ‘ANNEX’ must appear at the beginning of the annex, and there will often be no need for any other heading. If there is more than one annex, they should be numbered with roman numerals (I, II, III, etc.).
Although there are no specific rules governing the presentation of annexes, they must none the less have a uniform structure and be subdivided in such a way that the content is as clear as possible, in spite of its technical nature. Any appropriate system of numbering or subdivision may be used.
B. Legal acts attached to other acts or forming an integral part thereof
In contrast, there may be attached (not ‘annexed’) to an act other legal acts pre-existing it which are generally approved by it. Examples of acts which may be set out in this way are rules of subordinate bodies and international agreements.
Such attached acts, in particular international agreements, may themselves have annexes.
Such acts are not preceded by the word ‘ANNEX’.