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Document JOL_1979_291_R_0179_038

Final Act

OJ L 291, 19.11.1979, p. 179–192 (DA, EN, FR, IT, NL)

19.11.1979   

EN

Official Journal of the European Union

L 291/179


FINAL ACT

The Plenipotentiaries of

 

HIS MAJESTY THE KING OF THE BELGIANS,

 

HER MAJESTY THE QUEEN OF DENMARK,

 

THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY,

 

THE PRESIDENT OF THE HELLENIC REPUBLIC,

 

THE PRESIDENT OF THE FRENCH REPUBLIC,

 

THE PRESIDENT OF IRELAND,

 

THE PRESIDENT OF THE ITALIAN REPUBLIC,

 

HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG,

 

HER MAJESTY THE QUEEN OF THE NETHERLANDS,

 

HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

and

THE COUNCIL OF THE EUROPEAN COMMUNITIES

represented by its President,

assembled at Athens on the twenty-eighth day of May one thousand nine hundred and seventy-nine on the occasion of the signature of the Treaty relating to the accession of the Hellenic Republic to the European Economic Community and the European Atomic Energy Community,

have placed on record the fact that the following texts have been drawn up and adopted within the Conference between the European Communities and the Hellenic Republic:

I.

the Treaty concerning the accession of the Hellenic Republic to the European Economic Community and to the European Atomic Energy Community;

II.

the Act concerning the conditions of accession of the Hellenic Republic and the adjustments to the Treaties;

III.

the texts listed below which are annexed to the Act concerning the conditions of accession of the Hellenic Republic and the adjustments to the Treaties:

A.

Annex I:

List referred to in Article 21 of the Act of Accession,

Annex II:

List referred to in Article 22 of the Act of Accession,

Annex III:

List of products referred to in Article 36 (1) and (2) of the Act of Accession (Euratom),

Annex IV:

List of products referred to in Article 114 of the Act of Accession,

Annex V:

List referred to in Article 115 (1) of the Act of Accession,

Annex VI:

List referred to in Article 115 (3) of the Act of Accession,

Annex VII:

List referred to in Article 117 (1) of the Act of Accession,

Annex VIII:

List referred to in Article 128 of the Act of Accession,

Annex IX:

List referred to in Article 142 (1) of the Act of Accession,

Annex X:

List referred to in Article 142 (2) of the Act of Accession,

Annex XI:

List referred to in Article 144 of the Act of Accession,

Annex XII:

List referred to in Article 145 of the Act of Accession;

B.

Protocol 1

on the Statute of the European Investment Bank,

Protocol 2

on the definition of the basic duty for matches falling within heading No 36.06 of the Common Customs Tariff,

Protocol 3

on the granting by the Hellenic Republic of exemption of customs duties on the import of certain goods,

Protocol 4

on cotton,

Protocol 5

on the participation of the Hellenic Republic in the funds of the European Coal and Steel Community,

Protocol 6

on the exchange of information with the Hellenic Republic in the field of nuclear energy,

Protocol 7

on the economic and industrial development of Greece;

C.

the texts of the Treaty establishing the European Economic Community and of the Treaty establishing the European Atomic Energy Community, together with the Treaties amending or supplementing them, including the Treaty concerning the Accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland to the European Economic Community and to the European Atomic Energy Community, in the Greek language.

The Plenipotentiaries have taken note of the Decision of the Council of the European Communities of 24 May 1979 concerning the accession of the Hellenic Republic to the European Coal and Steel Community.

Furthermore the Plenipotentiaries and the Council have adopted the declarations listed below and annexed to this Final Act:

1.

joint declaration on the free movement of workers,

2.

joint declaration on particular transitional measures which might be required in relations between Greece and Spain and Portugal after accession of the latter States,

3.

joint declaration concerning Protocols to be concluded with certain third countries according to Article 118,

4.

joint declaration concerning Mount Athos,

5.

joint declaration on the procedure for the joint examination of national aids granted, by the Hellenic Republic in the field of agriculture during the period prior to accession,

6.

joint declaration on the joint examination procedure of the annual changes in prices of agricultural products in Greece during the period prior to accession,

7.

joint declaration on sugar, milk products, olive oil and products processed from fruit and vegetables,

8.

joint declaration concerning the First Council Directive of 12 December 1977 on the coordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of credit institutions.

The Plenipotentiaries and the Council have also taken note of the following Declaration to this Final Act:

1.

declaration by the Government of the Federal Republic of Germany on the application to Berlin of the Decision concerning accession to the European Coal and Steel Community and of the Treaty of Accession to the European Economic Community and to the European Atomic Energy Community,

2.

declaration by the Government of the Federal Republic of Germany on the definition of the term ‘nationals’.

The Plenipotentiaries and the Council have also taken note of the arrangement regarding the procedure for adopting certain decisions and other measures to be taken during the period preceding accession which has been reached within the Conference between the European Communities and the Hellenic Republic and which is annexed to this Final Act.

Finally, the following Declarations have been made and are annexed to this Final Act:

1.

declaration of the European Economic Community on Greek workers taking up and pursuing paid employment in the present Member States,

2.

declaration of the European Economic Community on the European Regional Development Fund,

3.

declaration by the Hellenic Republic on monetary questions.

Til bekræftelse heraf har undertegnede befuldmægtigede underskrevet denne slutakt.

Zu Urkund dessen haben die unterzeichneten Bevollmächtigten ihre Unterschriften unter diese Schlußakte gesetzt.

In witness whereof the undersigned Plenipotentiaries have signed this Final Act.

Εις πίστωση των ανωτέρω, οι υπογεγραμμένοι πληρεξούσιοι υπέγραψαν την παρούσα συνθήκη.

En foi de quoi, les plénipotentiaires soussignés ont apposé leurs signatures au bas du présent acte final.

Dá fhianú sin, chuir na Lánchumhachtaigh thíos-sínithe a lámh leis an Ionstraim Chríochnaitheach seo.

In fede di che, i plenipotenziari sottoscritti hanno apposto le loro firme in calce al presente atto finale.

Ten blijke waarvan de ondergetekende gevolmachtigden hun handtekening onder deze Slotakte hebben gesteld.

Udfærdiget i Athen, den otteogtyvende maj nitten hundrede og nioghalvfjerds.

Geschehen zu Athen am achtundzwanzigsten Mai neunzehnhundertneunundsiebzig.

Done at Athens on the twenty-eighth day of May in the year one thousand nine hundred and seventy-nine.

Έγινε στην Αθήνα, στις είκοσι οκτώ Μαΐου χίλια εννιακόσια εβδομήντα εννέα.

Fait à Athènes, le vingt-huit mai mil neuf cent soixante-dix-neuf.

Arna dhéanamh san Aithin, an t-ochtú lá is fiche de Bhealtaine, míle naoi gcéad seachtó a naoi.

Fatto ad Atene, addì ventotto maggio millenovecentosettantanove.

Gedaan te Athene, de achtentwintigste mei negentienhonderd negenenzeventig.

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Joint declaration on the free movement of workers

The enlargement of the Community could give rise to certain difficulties for the social situation in one or more Member States as regards the application of the provisions relating to the free movement of workers.

The Member States declare that they reserve the right, should difficulties of that nature arise, to bring the matter before the institutions of the Community in order to obtain a solution to this problem in accordance with the provisions of the Treaties establishing the European Communities and the provisions adopted in application thereof.


Joint declaration on particular transitional measures which might be required in relations between Greece and Spain and Portugal after accession of the latter States

The accession of Spain and Portugal to the Communities before the expiry of the transitional measures laid down in Article 9 of the Act could require particular transitional measures on relations between these countries and Greece.

These transitional measures would have to be determined in the instruments of accession with Spain and Portugal.


Joint declaration concerning Protocols to be concluded with certain third countries according to Article 118

In negotiations of the Protocols to be concluded with co-contracting third countries referred to in Article 118, the Community shall take as its basis for negotiation the provisions which have been agreed in the matter during the Conference between the European Communities and the Hellenic Republic.


Joint declaration concerning Mount Athos

Recognizing that the special status granted to Mount Athos, as guaranteed by Article 105 of the Hellenic Constitution, is justified exclusively on grounds of a spiritual and religious nature, the Community will ensure that this status is taken into account in the application and subsequent preparation of provisions of Community law, in particular in relation to customs franchise privileges, tax exemptions and the right of establishment.


Joint declaration on the procedure for the joint examination of national aids granted by the Hellenic Republic in the field of agriculture during the period prior to accession

1.   The list of aids referred to in Article 69 (2) of the Act of Accession and their amounts are as have been agreed within the Conference. These amounts may be updated, where appropriate, after implementation of the procedure laid down in paragraph 2 below.

2.   The modifications which would be envisaged by the Hellenic authorities both concerning the method of granting aid and that of updating the amount of each of the national aids granted in Greece during the period prior to accession will be the subject of a joint examination by these authorities and Community bodies.

For this purpose the Hellenic Republic and the Commission will make a joint analysis at regular intervals of the envisaged modifications both for the structure and for the level of aids granted in Greece. The Commission will report to the Council on the results of this analysis.

3.   If, after examining the above report, the Community as at present constituted so requests, the Hellenic Republic communicates such decisions as it envisages adopting on national aids in the field of agriculture for the purpose of applying the procedure, defined elsewhere, on the adoption of certain decisions and other measures to be taken during the period prior to accession.


Joint declaration on the joint examination procedure of the annual changes in prices of agricultural products in Greece during the period prior to accession

1.   For the application of the provisions of the Act of Accession which determine the level of Greek prices which, where appropriate, must be aligned on the level of common prices, it is agreed that the prices which will be taken into account under the reference period, the duration of which is to be determined for each product during the interim period, shall be the prices resulting from records of prices made and noted in the acts of the Conference, updated on the basis of price movements that have occurred since that time or that occur between now and accession.

2.   Movements in prices to be decided by the Hellenic authorities or which result from records made of prices in Greece, shall be the subject of a joint examination by the Hellenic authorities and Community bodies.

For this purpose the Hellenic Republic and the Commission shall make a joint analysis at regular intervals of data relating to price movements that are to be decided or are recorded for the Greek market. The Commission will report to the Council on the results of this analysis.

3.   If, after examining the above report the Community as at present constituted so requests, the Hellenic Republic communicates such decisions as it envisages adopting in the area of changing agricultural prices, for the purpose of applying the procedure, defined elsewhere, on the adoption of certain decisions and other measures to be taken during the period prior to accession.


Joint declaration on sugar, milk products, olive oil and products processed from fruit and vegetables

1.   In so far as a system of production quotas such as, or analogous to, that currently provided for in the context of the common organization of the market in sugar will apply at the time of the accession of the Hellenic Republic, the latter will be treated in accordance with the same criteria as the other Member States.

For this purpose the maximum quota, concerning sugar production in Greece, will be fixed at a level close to that corresponding to the quantities produced in Greece during a recent reference period, the duration of which is to be determined during the interim period; this duration may not, however, exceed the sugar marketing year 1978/79. Within this maximum quota, the distinction between quota A and quota B will be made in accordance with the rules in force in the Community as at present constituted for determining the maximum quota.

2.   In so far as the system concerning a co-responsibility levy for milk and milk products or an analogous system will apply at the date of accession, the Community provisions in force providing exemption from this levy under certain conditions will be applied to the Hellenic Republic under the same conditions as for the other Member States.

3.   Aid for the production of olive oil will be granted in Greece for areas planted with olive trees at the date of accession. The Hellenic Republic will take the necessary measures to avoid any extension of these areas between now and accession so that the number of olive trees concerned is not greater than that obtaining at the end of 1978.

4.   Article 103 of the Act of Accession applies taking into account the Community legislation in force for products processed from fruit and vegetables at the date of signature of the Treaty. If, after the examination which will be carried out by the Council before 1 October 1982 in respect of the functioning of the Community system of aid towards production for certain products of the sector in question, the rules in force are amended, Article 103 will be adapted in consequence thereof.


Joint declaration concerning the First Council Directive of 12 December 1977 on the coordination of the laws, regulations and administrative provisions relating to the taking up and pursuit of the business of credit institutions

On the occasion of the amendment to Article 2 (2) of the Directive in question, it is stated that the Council will decide to exclude the ‘Ταχυδρομικό Ταμιευτήριο’ (Post Office Savings Bank) from the list of institutions given in this provision:

if the statutes of the Post Office Savings Bank are amended,

if this body's share of the Greek market, with respect either to deposits, credits or assets, increases by more than 1·5 % as compared with the situation existing on 30 November 1978.


Declaration by the Government of the Federal Republic of Germany on the application to Berlin of the Decision concerning accession to the European Coal and Steel Community and of the Treaty of Accession to the European Economic Community and to the European Atomic Energy Community

The Government of the Federal Republic of Germany reserves the right to declare, when the accession of the Hellenic Republic to the European Coal and Steel Community takes effect and upon depositing its instrument of ratification of the Treaty concerning the accession of this country to the European Economic Community and to the European Atomic Energy Community, that the Decision of the Council of 24 May 1979 concerning accession to the European Coal and Steel Community and the Treaty referred to above shall equally apply to Land Berlin.


Declaration by the Government of the Federal Republic of Germany on the definition of the term ‘nationals’

As to the Federal Republic of Germany, the term ‘nationals’, wherever used in the Act of Accession and in the GENERALes thereto, is to be understood to refer to ‘Germans as defined in the Basic Law of the Federal Republic of Germany’.


Declaration of the European Economic Community on Greek workers taking up and pursuing paid employment in the present Member States

Under the transitional provisions on the exercise of the right of freedom of movement, the present Member States shall, when they have recourse to labour originating in third countries, which do not belong to their regular labour market, in order to satisfy their labour requirements, grant Hellenic nationals the same priority as nationals of the other Member States


Declaration of the European Economic Community on the European Regional Development Fund

If, in the context of the re-examination provided for in Article 22 of Regulation (EEC) No 724/75, as amended by Regulation (EEC) No 214/79, the Council will not have succeeded in making amendments, in good time, setting out the participation of the Hellenic Republic in the resources of the Fund as from 1 January 1981, the provisions of Article 2 (3) (a) will be amended upon accession, following the procedure applicable for the adoption of this Regulation, with a view to ensuring that the Hellenic Republic will share in the benefit of these provisions.


Declaration by the Hellenic Republic on monetary questions

In order that the movement of the real rate of the Greek drachma, particularly in relation to the currencies of the present Member States, may be followed on foreign exchange markets, the Hellenic Republic will, before accession to the Community:

set up a foreign exchange market in Athens,

take the necessary measures in order to ensure that in at least one of the foreign exchange markets of the Community as at present constituted, the drachma is the subject of an official quotation, where such quotation exists, or of a quotation of similar type.


Information and consultation procedure for the adoption of certain decisions

I

1.

In order to ensure that the Hellenic Republic is kept adequately informed, any proposal or communication from the Commission of the European Communities which might lead to decisions by the Council of these Communities shall be brought to the knowledge of the Hellenic Republic after being transmitted to the Council.

2.

Consultations shall take place pursuant to a reasoned request by the Hellenic Republic, which shall set out expressly therein its interests as a future member of the Communities and its observations.

3.

Administrative decisions shall not, as a general rule, give rise to consultations.

4.

Consultations shall take place within an Interim Committee composed of representatives of the Communities and of the Hellenic Republic.

5.

On the Community side, the members of the Interim Committee shall be members of the Committee of Permanent Representatives or persons designated by them for this purpose. The Commission shall be invited to be represented in this work.

6.

The Interim Committee shall be assisted by a Secretariat which shall be that of the Conference, continued for this purpose.

7.

Consultations shall normally take place as soon as the preparatory work carried out at Community level with a view to the adoption of decisions by the Council has produced common guidelines enabling such consultations to be usefully arranged.

8.

If serious difficulties remain after consultations, the matter may be raised at ministerial level at the request of the Hellenic Republic.

9.

The procedure laid down in the above paragraphs shall also apply to any decision to be taken by the Hellenic Republic which might affect the commitments resulting from its position as a future member of the Communities.

II

The Hellenic Republic shall take the necessary measures to ensure its accession to the Agreements or Conventions referred to in Articles 3 (2) and 4 (2) of the Act concerning the conditions of accession and the adjustments to the Treaties coincides so far as possible, and under the conditions laid down in that Act, with the entry into force of the Treaty of Accession.

In so far as the Agreements or Conventions between the Member States, referred to in the second sentence of Article 3 (1) and in Article 3 (2), exist only in draft, have not yet been signed, and probably cannot be signed in the period before accession, the Hellenic Republic will be invited to be associated, after the signature of the Treaty of Accession and in accordance with appropriate procedures, in the preparation of those drafts in a positive spirit and in such manner as to facilitate their conclusion.

III

With regard to the negotiation of the Protocols of transition and of adjustment with the co-contracting countries referred to in Article 118 of the Act concerning the conditions of accession, the representatives of the Hellenic Republic shall be associated with the work as observers, side by side with the representatives of the present Member States.

Certain non-preferential Agreements concluded by the Community, which remain in force after 1 January 1981, may be the subject of adaptations or adjustments in order to take account of the enlargement of the Community. These adaptations or adjustments will be negotiated by the Community in association with the representatives of the Hellenic Republic in accordance with the procedure under the preceding paragraph.

IV

The consultations between the Hellenic Republic and the Commission provided for in Article 49 (2) of the Act concerning the conditions of accession and the adjustments to the Treaties shall take place before accession.

V

The Hellenic Republic undertakes that the granting of the licences referred to in Article 2 of Protocol 6 on the exchange of information with the Hellenic Republic in the field of nuclear energy shall not be deliberately accelerated before accession with a view to reducing the scope of the commitments contained in this Protocol.

VI

The institutions of the Community shall, in due course, draw up the texts referred to in Article 147 of the Act concerning the conditions of accession of the Hellenic Republic and the adjustments to the Treaties.


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