ISSN 1725-2423

Official Journal

of the European Communities

C 241

European flag  

English edition

Information and Notices

Volume 37
29 August 1994


Notice No

Contents

page

 

Docuents concerning the accession of the Republik of Austria, the Kingdom of Sweden, the Republic of Finland and the Kingdom of Norway to the European Union

94/C 241/01

Commission Opinion of 19 April 1994 on the applications for accession to the European Union by the Republic of Austria, the Kingdom of Sweden, the Republic of Finland and the Kingdom of Norway

3

94/C 241/02

European Parliament Legislative Resolution of 4 May 1994 on the application by the Kingdom of Norway to become a member of the European Union

4

94/C 241/03

European Parliament Legislative Resolution of 4 May 1994 on the application by the Republic of Austria to become a member of the European Union

5

94/C 241/04

European Parliament Legislative Resolution of 4 May 1994 on the application by the Republic of Finland to become a member of the European Union

6

94/C 241/05

European Parliament Legislative Resolution of 4 May 1994 on the application by the Kingdom of Sweden to become a member of the European Union

7

94/C 241/06

Decision of the Council of the European Union of 16 May 1994 on the admission of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union

8

94/C 241/07

Treaty between the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Portuguese Republic, the United Kingdom of Great Britain and Northern Ireland (Member States of the European Union) and the Kingdom of Norway, the Republic of Austria, the Republic of Finland, the Kingdom of Sweden, concerning the accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union

9

94/C 241/08

Act concerning the conditions of accession and the adjustments to the Treaties on which the Union is founded

21

PRINCIPLES

21

ADJUSTMENTS TO THE TREATIES

22

INSTITUTIONAL PROVISIONS

22

The European Parliament

22

The Council

23

The Commission

24

The Court of Justice

24

The Court of Auditors

25

The Economic and Social Committee

25

The Committee of the Regions

25

The ECSC Consultative Committee

26

The Scientific and Technical Committee

26

OTHER ADJUSTMENTS

26

ADAPTATIONS TO ACTS ADOPTED BY THE INSTITUTIONS

26

TRANSITIONAL MEASURES

27

INSTITUTIONAL PROVISIONS

27

TRANSITIONAL MEASURES CONCERNING NORWAY

27

Free movement of goods

27

Free movement of persons, services and capital

27

Fisheries

28

External relations including Customs Union

33

Financial and budgetary provisions

35

TRANSITIONAL MEASURES CONCERNING AUSTRIA

35

Free movement of goods

35

Free movement of persons, services and capital

35

Competition policy

35

External relations including Customs Union

36

Financial and budgetary provisions

37

TRANSITIONAL MEASURES CONCERNING FINLAND

37

Free movement of goods

37

Free movement of persons, services and capital

37

Fisheries

38

External relations including Customs Union

39

Financial and budgetary provisions

40

TRANSITIONAL MEASURES CONCERNING SWEDEN

41

Free movement of goods

41

Free movement of persons, services and capital

41

Fisheries

41

External relations including Customs Union

43

Financial and budgetary provisions

44

AGRICULTURE

45

Provisions concerning national aids

45

Other provisions

47

OTHER PROVISIONS

48

PROVISIONS RELATING TO THE IMPLEMENTATION OF THIS ACT

48

SETTING UP OF THE INSTITUTIONS AND BODIES

48

APPLICABILITY OF THE ACTS OF THE INSTITUTIONS

50

FINAL PROVISIONS

51

ANNEXES

53

Annex I:   List provided for in Article 29 of the Act of Accession

54

Annex II:   List provided for in Article 30 of the Act of Accession

286

Annex III:   Provisions referred to in Article 32 of the Act of Accession

287

Annex IV:   List provided for in Article 39 (1) of the Act of Accession

289

Annex V:   List provided for in Article 39 (5) of the Act of Accession

300

Annex VI:   List provided for in Articles 54, 73, 97 and 126 of the Act of Accession

301

Annex VII:   List provided for in Article 56 of the Act of Accession

304

Annex VIII:   Provisions referred to in Article 69 of the Act of Accession

305

Annex IX:   List provided for in Article 71 (2) of the Act of Accession

308

Annex X:   Provisions referred to in Article 84 of the Act of Accession

308

Annex XI:   List provided for in Article 99 of the Act of Accession

309

Annex XII:   Provisions referred to in Article 112 of the Act of Accession

316

Annex XIII:   List provided for in Article 138 (5) of the Act of Accession

320

Annex XIV:   List provided for in Article 140 of the Act of Accession

321

Annex XV:   List provided for in Article 151 of the Act of Accession

322

Annex XVI:   List provided for in Article 165 (1) of the Act of Accession

342

Annex XVII:   List provided for in Article 165 (2) of the Act of Accession

345

Annex XVIII:   list provided for in Article 167 of the Act of Accession

346

Annex XIX:   List provided for in Article 168 of the Act of Accession

347

PROTOCOLS

349

Protocol No 1   on the statute of the European Investment Bank

349

Protocol No 2   on the Aland islands

352

Protocol No 3   on the Sami people

352

Protocol No 4   on the petroleum sector in Norway

353

Protocol No 5   on the participation of the new Member States in the funds of the European Coal and Steel Community

354

Protocol No 6   on special provisions for Objective 6 in the framework of the Structural Funds in Finland, Norway and Sweden

354

Protocol No 7   on Svalbard

356

Protocol No 8   on elections to the European Parliament in certain new Member States during the interim period

358

Protocol No 9   on road, rail and combined transport in Austria

361

Protocol No 10   on the use of specific Austrian terms of the German language in the framework of the European Union

370

94/C 241/09

Final Act

371

I.   Text of the Final Act

371

II.   Declarations adopted by the Plenipotentiaries

381

1.   Joint Declaration on Common Foreign and Security Policy

381

2.   Joint Declaration on Article 157 (4) of the Act of Accession

381

3.   Joint Declaration on the Court of Justice of the European Communities

381

4.   Joint Declaration on the application of the Euratom Treaty

382

5.   Joint Declaration on secondary residences

382

6.   Joint Declaration on standards for the protection of the environment, health and products safety

382

7.   Joint Declaration on Articles 32, 69, 84 and 112 of the Act of Accession

383

8.   Joint Declaration on the institutional procedures of the Accession Treaty

383

9.   Joint Declaration on Article 172 of the Act of Accession

383

III.   Other Declarations

385

A.   Joint Declarations: The present Member States/Kingdom of Norway

385

10.   Joint Declaration on management of Fisheries resources in waters north of 62°N

385

11.   Joint Declaration on the 12-mile limit

387

12.   Joint Declaration on ownership of fishing vessels

387

13.   Joint Declaration on the supply of raw material for the fish processing industry in northern Norway

387

14.   Declaration on Article 147 on the Norwegian food processing industry

388

15.   Joint Declaration on Svalbard

388

B.   Joint Declarations: The present Member States/Republic of Austria

388

16.   Joint Declaration on the free movement of workers

388

17.   Joint Declaration on safeguard measures under the agreements with countries of Central and Eastern Europe

389

18.   Joint Declaration on the resolution of outstanding technical questions in the transport field

389

19.   Joint Declaration on weights and dimensions for road transport vehicles

389

20.   Joint Declaration on the Brenner base tunnel

390

21.   Joint Declaration on Articles 6 and 76 of the Act of Accession

390

C.   Joint Declarations: The present Member States/Republic of Finland

390

22.   Joint Declaration on safeguarding Finland's transport links

390

23.   Joint Declaration on the shipment of radioactive waste

390

24.   Joint Declaration on the Non-Proliferation Treaty

390

D.   Joint Declarations: The present Member States/Kingdom of Sweden

391

25.   Joint Declaration on the Non-Proliferation Treaty

391

26.   Joint Declaration on Article 127 of the Act of Accession

391

E.   Joint Declarations: The present Member States/Various new Member States

392

27.   Joint Declaration: Norway, Austria, Sweden: on PCB/PCT

392

28.   Joint Declaration on Nordic Cooperation

392

29.   Joint Declaration on the number of animals eligible for the suckler-cow premium for Norway and Finland

392

30.   Joint Declaration: Finland, Sweden: on the fishing possibilities in the Baltic Sea

392

31.   Declaration on the processing industry in Austria and Finland

392

F.   Declarations by the present Member States

393

32.   Declaration on the Åland islands

393

33.   Declaration on relative stability

393

34.   Declaration on the solution of the environmental problems caused by traffic of heavy goods vehicles

393

35.   Declaration on compliance with the undertakings in agricultural matters under instruments which are not included in the Act of Accession

393

36.   Declaration on agro-environmental measures

394

37.   Declaration on mountain areas and less-favoured areas (LFAs)

394

G.   Declarations by the Kingdom of Norway

395

38.   Declaration by the Kingdom of Norway on the Norwegian language

395

39.   Declaration by the Kingdom of Norway on Sami matters

395

40.   Declaration by the Kingdom of Norway on transparency

395

H.   Declarations by the Republic of Austria

396

41.   Declaration by the Republic of Austria on Article 109g of the EC Treaty

396

42.   Declaration by the Republic of Austria on TV broadcasting

396

43.   Declaration by the Republic of Austria on pricing of combined transport on the Brenner route

396

44.   Declaration by the Republic of Austria on Article 14 of Protocol No 9 on road, rail and combined transport in Austria

396

I.   Declarations by the Republic of Finland

397

45.   Declaration by the Republic of Finland on transparency

397

J.   Declarations by the Kingdom of Sweden

397

46.   Declaration by the Kingdom of Sweden on social policy

397

47.   Declaration by the Kingdom of Sweden on open government and Declaration made by the Union in response

397

K.   Declarations by various new Member States

398

48.   Joint Declaration by the Kingdom of Norway and the Kingdom of Sweden regarding fisheries

398

49.   Declaration by Norway, Austria, Finland and Sweden on Articles 3 and 4 of the Act of Acession

398

50.   Declaration by the Republic of Finland and the Kingdom of Sweden on alcohol monopolies

398

IV.   Exchange of letters between the European Union and the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden on an information and consultation procedure for the adoption of certain decisions and other measures to be taken during the period preceding accession

399

94/C 241/10

Minutes of the signing of the Treaty between the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Grand-Duchy of Luxembourg, the Kingdom of the Netherlands, the Portuguese Republic, the United Kingdom of Great Britain and Northern Ireland (Member States of the European Union) and the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden concerning the Accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union

402


EN

 


Docuents concerning the accession of the Republik of Austria, the Kingdom of Sweden, the Republic of Finland and the Kingdom of Norway to the European Union

29.8.1994   

EN

Official Journal of the European Communities

C 241/3


COMMISSION OPINION

of 19 April 1994

on the applications for accession to the European Union by the Republic of Austria, the Kingdom of Sweden, the Republic of Finland and the Kingdom of Norway

(94/C 241/01)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Union, and in particular Article O thereof,

Whereas the Republic of Austria, the Kingdom of Sweden, the Republic of Finland and the Kingdom of Norway have applied to become members of the European Union;

Whereas, in its opinions of 31 July 1991 (Austria), 31 July 1992 (Sweden), 4 November 1992 (Finland) and 24 March 1993 (Norway), the Commission has already had an opportunity of expressing its views on certain essential aspects of the problems arising in connection with these applications;

Whereas the terms for the admission of these States and the adjustments necessitated by their accession have been negotiated in Conference between the Member States and the applicant States;

Whereas, on the completion of those negotiations, it is apparent that the provisions so agreed are fair and proper; whereas, this being so, the European Union's enlargement, while preserving its internal cohesion and dynamism, will enable it to take a fuller part in the development of international relations;

Whereas, in so far as the Treaty of Accession transposes the principles governing the institutional balance of the Union of 12 to a Union of 16; these provisions are acceptable for the period up until the enforcement of the provisions which will follow the Intergovernmental Conference provided for in the Treaty on the European Union;

Whereas, in joining the European Union, the applicant States accept, without reserve, the Treaty on European Union and all its objectives, all decisions taken since the entry into force of the Treaties establishing the European Communities and the Treaty on European Union and the options taken in respect of the development and strengthening of those Communities and of the Union;

Whereas it is an essential feature of the legal order introduced by the Treaties establishing the European Communities that certain of their provisions and certain acts adopted by the institutions are directly applicable, that Community law takes precedence over any national provisions which might conflict with it, and that procedures exist for ensuring the uniform interpretation of Community law; whereas accession to the European Union implies recognition of the binding nature of these rules, observance of which is indispensable to guarantee the effectiveness and unity of Community law;

Whereas the principles of liberty, democracy and respect for human rights and fundamental freedoms and of the rule of law form part of the common heritage of the peoples of the States brought together in the European Union and constitute therefore essential elements of membership of the said Union;

Whereas one of the objectives of the European Union is the desire of the Member States to deepen the solidarity between their peoples while respecting their history, their culture and their traditions;

Whereas enlargement of the European Union through the accession of the Republic of Austria, the Kingdom of Sweden, the Republic of Finland and the Kingdom of Norway will help to strengthen safeguards for peace and freedom in Europe,

HEREBY DELIVERS A FAVOURABLE OPINION:

on the accession to the European Union of the Republic of Austria, the Kingdom of Sweden, the Republic of Finland and the Kingdom of Norway.

This opinion is addressed to the Council of the European Union.

Done at Brussels, 19 April 1994.

 


29.8.1994   

EN

Official Journal of the European Communities

C 241/4


EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

of 4 May 1994

on the application by the Kingdom of Norway to become a member of the European Union

(94/C 241/02)

The European Parliament,

— Having regard to the application by the Kingdom of Norway to become a member of the European Union,

— Having regard to the Council's request for Parliament's assent pursuant to Article O of the EU Treaty,

— Having regard to the opinion of the Commission (COM(94) 0148 — C3-0234/94),

— Having regard to the Draft Treaty for the accession to the European Union of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden,

— Having regard to Rule 89 of its Rules of Procedure,

— Having regard to the report of the Committee on Foreign Affairs and Security and the opinions of the committees concerned (A3-0345/94),

A.

Whereas the conditions for the admission of the applicant countries and the modifications which their accession entails are set in the Accession Treaty; whereas Parliament should be consulted on any substantial modifications to this Treaty:

1.

gives its assent to the application by the Kingdom of Norway to become a member of the European Union;

2.

instructs its President to forward this assent to the Council and Commission and to the governments and parliaments of the Member States and of the Kingdom of Norway.


29.8.1994   

EN

Official Journal of the European Communities

C 241/5


EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

of 4 May 1994

on the application by the Republic of Austria to become a member of the European Union

(94/C 241/03)

The European Parliament,

— Having regard to the application by the Republic of Austria to become a member of the European Union,

— Having regard to the Council's request for Parliament's assent pursuant to Article O of the EU Treaty,

— Having regard to the opinion of the Commission (COM(94) 0148 — C3-0234/94),

— Having regard to the Draft Treaty for the accession to the European Union of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden,

— Having regard to Rule 89 of its Rules of Procedure,

— Having regard to the report of the Committee on Foreign Affairs and Security and the opinions of the committees concerned (A3-0344/94),

A.

Whereas the conditions for the admission of the applicant countries and the modifications which their accession entails are set in the Draft Accession Treaty; whereas Parliament should be consulted on any substantial modifications to this Treaty:

1.

gives its assent to the application by the Republic of Austria to become a member of the European Union;

2.

instructs its President to forward this assent to the Council and Commission and to the governments and parliaments of the Member States and of the Republic of Austria.


29.8.1994   

EN

Official Journal of the European Communities

C 241/6


EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

of 4 May 1994

on the application by the Republic of Finland to become a member of the European Union

(94/C 241/04)

The European Parliament,

— Having regard to the application by the Republic of Finland to become a member of the European Union,

— Having regard to the Council's request for Parliament's assent pursuant to Article O of the EU Treaty,

— Having regard to the opinion of the Commission (COM(94) 0148 — C3-0234/94),

— Having regard to the Draft Treaty for the accession to the European Union of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden,

— Having regard to Rule 89 of its Rules of Procedure,

— Having regard to the report of the Committee on Foreign Affairs and Security and the opinions of the committees concerned (A3-0346/94),

A.

Whereas the conditions for the admission of the applicant countries and the modifications which their accession entails are set in the Accession Treaty; whereas Parliament should be consulted on any substantial modifications to this Treaty:

1.

gives its assent to the application by the Republic of Finland to become a member of the European Union;

2.

instructs its President to forward this assent to the Council and Commission and to the governments and parliaments of the Member States and of the Republic of Finland.


29.8.1994   

EN

Official Journal of the European Communities

C 241/7


EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

of 4 May 1994

on the application by the Kingdom of Sweden to become a member of the European Union

(94/C 241/05)

The European Parliament,

— Having regard to the application by the Kingdom of Sweden to become a member of the European Union,

— Having regard to the Council's request for Parliament's assent pursuant to Article O of the EU Treaty,

— Having regard to the opinion of the Commission (COM(94) 0148 — C3-0234/94),

— Having regard to the Draft Treaty for the accession to the European Union of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden,

— Having regard to Rule 89 of its Rules of Procedure,

— Having regard to the report of the Committee on Foreign Affairs and Security and the opinions of the committees concerned (A3-0343/94),

A.

Whereas the conditions for the admission of the applicant countries and the modifications which their accession entails are set in the Accession Treaty; whereas Parliament should be consulted on any substantial modifications to this Treaty:

1.

gives its assent to the application by the Kingdom of Sweden to become a member of the European Union;

2.

instructs its President to forward this assent to the Council and Commission and to the governments and parliaments of the Member States and of the Kingdom of Sweden.


29.8.1994   

EN

Official Journal of the European Communities

C 241/8


DECISION OF THE COUNCIL OF THE EUROPEAN UNION

of 16 May 1994

on the admission of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union

(94/C 241/06)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article O thereof,

Having regard to the opinion of the Commission,

Having regard to the assent of the European Parliament,

Whereas the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden have applied to become members of the European Union,

HAS DECIDED:

to accept these applications for admission; the conditions of admission and the adjustments to the Treaties on which the European Union is founded, entailed by such admission, are to be the subject of an agreement between the Member States, the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden.

Done at Brussels, 16 May 1994.

For the Council

The President

Th. PANGALOS


29.8.1994   

EN

Official Journal of the European Communities

C 241/9


TREATY

between

the Kingdom of Belgium,

the Kingdom of Denmark,

the Federal Republic of Germany,

the Hellenic Republic,

the Kingdom of Spain,

the French Republic,

Ireland,

the Italian Republic,

the Grand Duchy of Luxembourg,

the Kingdom of the Netherlands,

the Portuguese Republic,

the United Kingdom of Great Britain and Northern Ireland

(Member States of the European Union)

and

the Kingdom of Norway,

the Republic of Austria,

the Republic of Finland

the Kingdom of Sweden,

concerning the accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union.

(94/C 241/07)

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,

HIS MAJESTY THE KING OF SPAIN,

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,

HIS MAJESTY THE KING OF NORWAY,

THE FEDERAL PRESIDENT OF THE REPUBLIC OF AUSTRIA,

THE PRESIDENT OF THE PORTUGUESE REPUBLIC,

THE PRESIDENT OF THE REPUBLIC OF FINLAND,

HIS MAJESTY THE KING OF SWEDEN,

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

UNITED in their desire to pursue the attainment of the objectives of the Treaties on which the European Union is founded,

DETERMINED in the spirit of those Treaties to continue the process of creating an ever closer union among the peoples of Europe on the foundations already laid,

CONSIDERING that Article O of the Treaty on European Union affords European States the opportunity of becoming members of the Union,

CONSIDERING that the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden have applied to become members of the Union,

CONSIDERING that the Council of the European Union, after having obtained the opinion of the Commission and the assent of the European Parliament, has declared itself in favour of the admission of these States,

HIS MAJESTY THE KING OF THE BELGIANS,

Mr Jean-Luc DEHAENE

Prime Minister

Mr Willy CLAES

Minister for Foreign Affairs

Mr Ph. de SCHOUTHEETE DE TERVARENT

Ambassador,

Permanent Representative of Belgium to the European Union

HER MAJESTY THE QUEEN OF DENMARK,

Mr Poul Nyrup RASMUSSEN

Prime Minister

Mr Niels Helveg PETERSEN

Minister for Foreign Affairs

Mr Gunnar RIBERHOLDT

Ambassador,

Permanent Representative of Denmark to the European Union

THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY,

Dr Helmut KOHL

Federal Chancellor

Dr Klaus KINKEL

Federal Minister for Foreign Affairs and Deputy Federal Chancellor

Dr Dietrich von KYAW

Ambassador

Permanent Representative of the Federal Republic of Germany to the European Union

THE PRESIDENT OF THE HELLENIC REPUBLIC,

Mr Andreas PAPANDREOU

Prime Minister

Mr Karolos PAPOULIAS

Minister for Foreign Affairs

Mr Theodoros PANGALOS

Deputy Minister for Foreign Affairs

HIS MAJESTY THE KING OF SPAIN,

Mr Felipe GONZÁLEZ MÁRQUEZ

President of the Government

Mr Javier SOLANA MADARIAGE

Minister for Foreign Affairs

Mr Carlos WESTENDORP Y CABEZA

State Secretary for Relations with the European Communities

THE PRESIDENT OF THE FRENCH REPUBLIC,

Mr Edouard BALLADUR

Prime Minister

Mr Alain JUPPÉ

Minister for Foreign Affairs

Mr Alain LAMASSOURE

Minister with special responsibility for European Affairs

Mr Pierre de BOISSIEU

Ambassador,

Permanent Representative of France to the European Union

THE PRESIDENT OF IRELAND,

Mr Albert REYNOLDS

Prime Minister

Mr Dick SPRING

Deputy Prime Minister and Minister for Foreign Affairs

Mr Padraic MCKERNAN

Ambassador

Permanent Representative of Ireland to the European Union

THE PRESIDENT OF THE ITALIAN REPUBLIC,

Mr Silvio BERLUSCONI

Prime Minister

Mr Antonio MARTINO

Minister for Foreign Affairs

Mr Livio CAPUTO

State Secretary for Foreign Affairs

HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG,

Mr Jacques SANTER

Prime Minister

Mr Jacques F. POOS

Deputy Prime Minister

Minister for Foreign Affairs

Mr Jean-Jacques KASEL

Ambassador,

Permanent Representative of Luxembourg to the European Union

HER MAJESTY THE QUEEN OF THE NETHERLANDS,

Mr R. F. M. LUBBERS

Prime Minister

Dr P. H. KOOIJMANS

Minister for Foreign Affairs

Dr B. R. BOT

Ambassador

Permanent Representative of the Netherlands to the European Union

HIS MAJESTY THE KING OF NORWAY,

Mrs Gro HARLEM BRUNDTLAND

Prime Minister

Mr Bjørn TORE GODAL

Minister for Foreign Affairs

Mrs Grete KNUDSEN

Minister for Trade, Minister for Merchant Shipping

Mr Eivinn BERG

Head of the Delegation entrusted with the negotiations

THE FEDERAL PRESIDENT OF THE REPUBLIC OF AUSTRIA,

Mr Franz VRANITZKY

Federal Chancellor

Mr Alois MOCK

Federal Minister for Foreign Affairs

Mr Ulrich STACHER

Director General,

Federal Chancellory

Mr Manfred SCHEICH

Head of the Austrian Mission to the European Communities

THE PRESIDENT OF THE PORTUGUESE REPUBLIC,

Mr Aníbal CAVACO SILVA

Prime Minister

Mr José DURÂO BARROSO

Minister for Foreign Affairs

Mr Vítor MARTINS

State Secretary for European Affairs

THE PRESIDENT OF THE REPUBLIC OF FINLAND,

Mr Esko AHO

Prime Minister

Mr Pertti SALOLAINEN

Minister for Foreign Trade

Mr Heikki HAAVISTO

Minister for Foreign Affairs

Mr Veli SUNDBÄCK

State Secretary for Foreign Affairs

HIS MAJESTY THE KING OF SWEDEN,

HE Mr Carl BILDT

Prime Minister

HE Mrs Margaretha af UGGLAS

Minister for Foreign Affairs

HE Mr Ulf DINKELSPIEL

Minister for European Affairs and Foreign Trade

Mr Frank BELFRAGE

Under-Secretary of State for European Affairs and Foreign Trade

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

The Rt Hon John MAJOR

Prime Minister

The Rt Hon Douglas HURD

Secretary of State for Foreign and Commonwealth Affairs

Mr David HEATHCOAT-AMORY

Minister of State, Foreign and Commonwealth Office

HAVE AGREED AS FOLLOWS:

Article 1

1.   The Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden hereby become members of the European Union and Parties to the Treaties on which the Union is founded as amended or supplemented.

2.   The conditions of admission and the adjustments to the Treaties on which the Union is founded, entailed by such admission, are set out in the AGR annexed to this Treaty. The provisions of that AGR shall form an integral part of this Treaty.

3.   The provisions concerning the rights and obligations of the Member States and the powers and jurisdiction of the institutions of the Union as set out in the Treaties referred to in paragraph 1 shall apply in respect of this Treaty.

Article 2

1.   This Treaty shall be ratified by the High ContrAGRing Parties in accordance with their respective constitutional requirements. The instruments of ratification shall be deposited with the Government of the Italian Republic by 31 December 1994 at the latest.

2.   This Treaty shall enter into force on 1 January 1995 provided that all the instruments of ratification have been deposited before that date.

If, however, the States referred to in Article 1 (1) have not all deposited their instruments of ratification in due time, the Treaty shall enter into force for those States which have deposited their instruments. In this case, the Council of the European Union, AGRing unanimously, shall decide immediately upon such adjustments as have become indispensable to Article 3 of this Treaty, to Articles 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 25, 26, 156, 157, 158, 159, 160, 161, 162, 170 and 176 of the AGR of Accession, to Annex I to that AGR and to Protocols No 1 and No 6 annexed thereto; AGRing unanimously, it may also declare that those provisions of the aforementioned AGR, including its Annexes and Protocols, which refer expressly to a State which has not deposited its instrument of ratification have lapsed, or it may adjust them.

3.   Notwithstanding paragraph 2, the institutions of the Union may adopt before accession the measures referred to in Articles 30, 39, 42, 43, 44, 45, 46, 47, 48, 53, 57, 59, 62, 74, 75, 76, 92, 93, 94, 95, 100, 102, 105, 119, 120, 121, 122, 127, 128, 131, 142 (2) and (3) second indent, 145, 148, 149, 150, 151 and 169 of the AGR of Accession and Articles 11 (6) and 12 (2) of Protocol No 9. These measures shall enter into force only subject to and on the date of the entry into force of this Treaty.

Article 3

This Treaty, drawn up in a single original in the Danish, Dutch, English, Finnish, French, German, Greek, Irish, Italian, Norwegian, Portuguese, Spanish and Swedish languages, the texts in each of these languages being equally authentic, shall be deposited in the archives of the Government of the Italian Republic, which will remit a certified copy to each of the Governments of the other Signatory States.

EN FE DE LO CUAL, los plenipotenciarios abajo firmantes suscriben el presente Tratado.

TIL BEKRÆFTELSE HERAF har undertegnede befuldmægtigede underskrevet denne traktat.

ZU URKUND DESSEN haben die unterzeichneten Bevollmächtigten ihre Unterschriften unter diesen Vertrag gesetzt.

ΣΕ ΠΙΣΤΩΣΗ ΤΩΝ ΑΝΩΤΕΡΩ, οι υπογεγραμμένοι πληρεξούσιοι υπέγραψαν την παρούσα συνθήκη.

IN WITNESS WHEREOF the undersigned Plenipotentiaries have signed this Treaty.

EN FOI DE QUOI, les plénipotentiaires soussignés ont apposé leurs signatures au bas du présent traité.

DÁ FHIANÚ SIN, chuir na Lánchumhachtaigh thíos-sínithe à lámh leis an gConradh seo.

IN FEDE DI CHE, i plenipotenziari sottoscritti hanno apposto le loro firme in calce al presente trattato.

TEN BLIJKE WAARVAN de ondergetekende gevolmachtigden hun handtekening onder dit Verdrag hebben gesteld.

TIL BEKREFTELSE AV DETTE har nedenstående befullmektigede undertegnet denne traktat.

EM FÉ DO QUE, os plenipotenciários abaixo-assinados apuseram as suas assinaturas no final do presente Tratado.

TÄMÄN VAKUUDEKSI ALLA MAINITUT täysivaltaiset edustajat ovat allekirjoittaneet tämän sopimuksen.

SOM BEKRÄFTELSE PÅ DETTA har undertecknade befullmäktigade ombud undertecknat detta fördrag.

Hecho en Corfú, el veinticuatro de junio de mil novecientos noventa y cuatro.

Udfærdiget i Korfu den fireogtyvende juni nitten hundrede og fireoghalvfems.

Geschehen zu Korfu am vierundzwanzigsten Juni neunzehnhundertvierundneunzig.

Έγινε στην Κέρκυρα, στις είκοσι τέσσερις Ιουνίου χίλια εννιακόσια ενενήντα τέσσερα.

Done at Corfu on the twenty-fourth day of June in the year one thousand nine hundred and ninety-four.

Fait à Corfou, le vingt-quatre juin mil neuf cent quatre-vingt-quatorze.

Arna dhéanamh in Corfú ar an ceathrú lá is fiche de Mheitheamh sa bhliain míle naoi gcéad nócha ceathair.

Fatto a Corfù, addì ventiquattro giugno millenovecentonovantaquattro.

Gedaan te Korfoe, de vierentwintigste juni negentienhonderd vierennegentig.

Utferdiget på Korfu den tjuefjerde juni nittenhundreognittifire.

Feito em Corfu, em vinte e quatro de Junho de mil novecentos e noventa e quatro.

Tehty Korfulla kahdentenakymmenentenäneljäntenä päivänä kesäkuuta vuonna tuhat yhdeksänsataayhdeksänkymmentäneljä.

Upprättat på Korfu den tjugofjärde juni år nittonhundranittiofyra.

Pour Sa Majesté le Roi des Belges

Voor Zijne Majesteit de Koning der Belgen

Für Seine Majestät der König der Belgier

Image

For Hendes Majestæt Danmarks Dronning

Image

Für den Präsidenten der Bundesrepublik Deutschland

Image

Για τον Πρόεδρο της Ελληνικής Δημοκρατίας

Image

Por Su Majestad el Rey de España

Image

Pour le Président de la République française

Image

Thar ceann Uachtarán na hÉireann

For the President of Ireland

Image

Per il Presidente della Repubblica italiana

Image

Pour Son Altesse Royale le Grand-Duc de Luxembourg

Image

Voor Hare Majesteit de Koningin der Nederlanden

Image

For Hans Majestet Konget av Norge

Image

Für den Bundespräsidenten der Republik Österreich

Image

Pelo Presidente da República Portuguesa

Image

Suomen Tasavallan Presidentin puolesta

För Republiken Finlands President

Image

För Hans Majestät Konungen av Sverige

Image

For Her Majesty the Queen of the United Kingdom of Great Britain and Northern Ireland

Image


29.8.1994   

EN

Official Journal of the European Communities

C 241/21


ACT

concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded

(94/C 241/08)


PART ONE

PRINCIPLES

Article 1

For the purposes of this Act:

the expression ‘original Treaties’ means:

the Treaty establishing the European Coal and Steel Community (‘ECSC Treaty’), the Treaty establishing the European Community (‘EC Treaty’) and the Treaty establishing the European Atomic Energy Community (‘Euratom Treaty’), as supplemented or amended by treaties or other acts which entered into force before this accession,

the Treaty on European Union (‘EU Treaty’),

the expression ‘present Member States’ means the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Portuguese Republic and the United Kingdom of Great Britain and Northern Ireland,

the expression ‘the Union’ means the European Union as established by the EU Treaty,

the expression ‘the Community’ means one or more of the Communities referred to in the first indent, asthe case may be,

the expression ‘new Member States’ means the Kingdom of Norway, the Republic of Austria, theRepublic of Finland and the Kingdom of Sweden,

the expression ‘the institutions’ means the institutions established by the original Treaties.

Article 2

From the date of accession, the provisions of the original Treaties and the acts adopted by the institutions before accession shall be binding on the new Member States and shall apply in those States under the conditions laid down in those Treaties and in this Act.

Article 3

The new Member States undertake in respect of those conventions or instruments in the field of justice and home affairs which are inseparable from the attainment of the objectives of the EU Treaty:

to accede to those which, by the date of accession, have been opened for signature by the present Member States, and to those which have been drawn up by the Council in accordance with Title VI of the EU Treaty and recommended to the Member States for adoption,

to introduce administrative and other arrangements, such as those adopted by the date of accession by the present Member States or by the Council, to facilitate practical cooperation between Member States' institutions and organizations working in the field of justice and home affairs.

Article 4

1.   The new Member States accede by this Act to the decisions and agreements adopted by the Representatives of the Governments of the Member States meeting within the Council. They undertake to accede from the date of accession to all other agreements concluded by the present Member States relating to the functioning of the Union or connected with the activities thereof.

2.   The new Member States undertake to accede to the conventions provided for in Article 220 of the EC Treaty and to those that are inseparable from the attainment of the objectives of the EC Treaty, and also to the protocols on the interpretation of those conventions by the Court of Justice, signed by the present Member States and to this end they undertake to enter into negotiations with the present Member States in order to make the necessary adjustments thereto.

3.   The new Member States are in the same situation as the present Member States in respect of declarations or resolutions of, or other positions taken up by, the European Council or the Council and in respect of those concerning the Communities or the Union adopted by common agreement of the Member States; they will accordingly observe the principles and guidelines deriving from those declarations, resolutions or other positions and will take such measures as may be necessary to ensure their implementation.

Article 5

1.   The agreements or conventions concluded by any of the Communities, with one or more third States, with an international organization or with a national of a third State, shall, under the conditions laid down in the original Treaties and in this Act, be binding on the new Member States.

2.   The new Member States undertake to accede, under the conditions laid down in this Act, to the agreements or conventions concluded by the present Member States and any of the Communities, acting jointly, and to the agreements concluded by those States which are related to those agreements or conventions. The Community and the present Member States, in the framework of the Union, shall assist the new Member States in this respect.

3.   The new Member States accede by this Act and under the conditions laid down therein to the internal agreements concluded by the present Member States for the purpose of implementing the agreements or conventions referred to in paragraph 2.

4.   The new Member States shall take appropriate measures, where necessary, to adjust their position in relation to international organizations and to those international agreements to which one of the Communities or to which other Member States are also parties, to the rights and obligations arising from their accession to the Union.

Article 6

Article 234 of the EC Treaty and Articles 105 and 106 of the Euratom Treaty shall apply for the new Member States to agreements or contracts concluded before their accession.

Article 7

The provisions of this Act may not, unless otherwise provided herein, be suspended, amended or repealed other than by means of the procedure laid down in the original Treaties enabling those Treaties to be revised.

Article 8

Acts adopted by the institutions to which the transitional provisions laid down in this Act relate shall retain their status in law; in particular, the procedures for amending those acts shall continue to apply.

Article 9

Provisions of this Act the purpose or effect of which is to repeal or amend acts adopted by the institutions, otherwise than as a transitional measure, shall have the same status in law as the provisions which they repeal or amend and shall be subject to the same rules as those provisions.

Article 10

The application of the original Treaties and acts adopted by the institutions shall, as a transitional measure, be subject to the derogations provided for in this Act.

PART TWO

ADJUSTMENTS TO THE TREATIES

TITLE 1

INSTITUTIONAL PROVISIONS

CHAPTER 1

The European Parliament

Article 11

The following is substituted for Article 2 of the Act concerning the election of the representatives of the European Parliament by direct universal suffrage, which is annexed to Decision 76/787/ECSC, EEC, Euratom:

‘Article 2

The number of representatives elected in each Member States is as follows:

Belgium

25

Denmark

16

Germany

99

Greece

25

Spain

64

France

87

Ireland

15

Italy

87

Luxembourg

6

Netherlands

31

Norway

15

Austria

21

Portugal

25

Finland

16

Sweden

22

United Kingdom

87 ’.

CHAPTER 2

The Council

Article 12

The following is substituted for the second paragraph of Article 27 of the ECSC Treaty, the second paragraph of Article 146 of the EC Treaty and the second paragraph of Article 116 of the Euratom Treaty:

‘The office of President shall be held in turn by each Member State in the Council for a term of six months in the order decided by the Council acting unanimously.’

Article 13

The following is substituted for Article 28 of the ECSC Treaty:

‘Article 28

When the Council is consulted by the Commission, it shall consider the matter without necessarily taking a vote. The minutes of its proceedings shall be forwarded to the Commission.

Wherever this Treaty requires that the assent of the Council be given, that assent shall be considered to have been given if the proposal submitted by the Commission receives the approval:

of an absolute majority of the representatives of the Member States, including the votes of the representatives of two Member States which each produce at least one tenth of the total value of the coal and steel output of the Community, or

in the event of an equal division of votes and if the Commission maintains its proposal after a second discussion, of the representatives of three Member States which each produce at least one tenth of the total value of the coal and steel output of the Community.

Wherever this Treaty requires a unanimous decision or unanimous assent, such decision or assent shall have been duly given if all the members of the Council vote in favour. However, for the purposes of applying Articles 21, 32, 32a, 45b and 78h of this Treaty, and Article 16, the third paragraph of Article 20, the fifth paragraph of Article 28 and Article 44 of the Protocol on the Statute of the Court of Justice, abstention by members present in person or represented shall not prevent the adoption by the Council of acts which require unanimity.

Decisions of the Council, other than those for which a qualified majority or unanimity is required, shall be taken by a vote of the majority of its members; this majority shall be considered to be attained if it represents an absolute majority of the representatives of the Member States, including the votes of the representatives of two Member States which each produce at least one tenth of the total value of the coal and steel output of the Community. However, for the purpose of applying Articles 45b, 78 and 78b of this Treaty which require a qualified majority, the votes of the members of the Council are weighted as follows:

Belgium

5

Denmark

3

Germany

10

Greece

5

Spain

8

France

10

Ireland

3

Italy

10

Luxembourg

2

Netherlands

5

Norway

3

Austria

4

Portugal

5

Finland

3

Sweden

4

United Kingdom

10 .

For their adoption, acts shall require at least 64 votes in favour, cast by not less than 11 members.

Where a vote is taken, any member of the Council may act on behalf of not more than one other member.

The Council shall deal with the Member States through its President.

The acts of the Council shall be published in such a manner as it may decide.’

Article 14

The following is substituted for the fourth paragraph of Article 95 of the ECSC Treaty:

‘These amendments shall be proposed jointly by the Commission and the Council, acting by a thirteen sixteenths majority of its members, and shall be submitted to the Court for its opinion. In considering them, the Court shall have full power to assess all points of fact and of law. If, as a result of such consideration, it finds the proposals compatible with the provisions of the preceding paragraph, they shall be forwarded to the European Parliament and shall enter into force if approved by a majority of three-quarters of the votes cast and two-thirds of the members of the European Parliament.’

Article 15

1.   The following is substituted for Article 148 (2) of the EC Treaty and Article 118 (2) of the Euratom Treaty:

1.‘2.   Where the Council is required to act by a qualified majority, the votes of its members shall be weighted as follows:

Belgium

5

Denmark

3

Germany

10

Greece

5

Spain

8

France

10

Ireland

3

Italy

10

Luxembourg

2

Netherlands

5

Norway

3

Austria

4

Portugal

5

Finland

3

Sweden

4

United Kingdom

10 .

For their adoption, acts of the Council shall require at least:

64 votes in favour where this Treaty requires them to be adopted on a proposal from the Commission,

64 votes in favour, cast by at least 11 members, in other cases.’

2.   The following is substituted for the second subparagraph of Article J.3 (2) of the EU Treaty:

‘Where the Council is required to act by a qualified majority pursuant to the preceding subparagraph, the votes of its members shall be weighted in accordance with Article 148 (2) of the Treaty establishing the European Community, and, for their adoption, acts of the Council shall require at least 64 votes in favour, cast by at least 11 members.’

3.   The following is substituted for the second subparagraph of Article K.4 (3) of the EU Treaty:

‘Where the Council is required to act by a qualified majority, the votes of its members shall be weighted as laid down in Article 148 (2) of the Treaty establishing the European Community, and for their adoption, acts of the Council shall require at least 64 votes in favour, cast by at least 11 members.’

4.   The following is substituted for the first sentence of the second subparagraph of point 2 of the Protocol on social policy annexed to the EC Treaty:

‘By way of derogation from Article 148 (2) of the Treaty, acts of the Council which are made pursuant to this Protocol and which must be adopted by qualified majority shall be deemed adopted if they have received at least 54 votes in favour.’

CHAPTER 3

The Commission

Article 16

The following is substituted for the first subparagraph of Article 9 (1) of the ECSC Treaty, the first subparagraph of Article 157 (1) of the EC Treaty and the first subparagraph of Article 126 (1) of the Euratom Treaty:

‘1.   The Commission shall consist of 21 members, who shall be chosen on the grounds of their general competence and whose independence is beyond doubt.’

CHAPTER 4

The Court of Justice

Article 17

1.   The following is substituted for the first paragraph of Article 32 of the ECSC Treaty, the first paragraph of Article 165 of the EC Treaty and the first paragraph of Article 137 of the Euratom Treaty:

‘The Court of Justice shall consist of 17 Judges.’

2.   The following is substituted for the first paragraph of Article 2 of Council Decision (88/591/ECSC/EEC/Euratom):

‘The Court of First Instance shall consist of 16 Judges.’

Article 18

The following shall be substituted for the second paragraph of Article 32 of the ECSC Treaty, the second paragraph of Article 165 of the EC Treaty, the second paragraph of Article 137 of the Euratom Treaty and the first paragraph of Article 18 of the Protocol on the Statute of the Court of Justice of the ECSC:

‘The Court of Justice shall sit in plenary session. It may, however, form chambers, each consisting of three, five or seven Judges, either to undertake certain preparatory inquiries or to adjudicate on particular categories of cases in accordance with rules laid down for these purposes.’

Article 19

The following shall be substituted for the second paragraph of Article 18 of the Protocol on the Statute ofthe Court of Justice of the European Coal and Steel Community, Article 15 of the Protocol on the Statute of the Court of Justice of the European Community and Article 15 of the Protocol on the Statute of the Court of Justice of the European Atomic Energy Community:

‘Decisions of the Court shall be valid only when an uneven number of its members is sitting in the deliberations. Decisions of the full Court shall be valid if nine members are sitting. Decisions of the Chambers consisting of three or five Judges shall be valid only if three Judges are sitting. Decisions of the Chambers consisting of seven Judges shall be valid only if five Judges are sitting. In the event of one of the Judges of a Chamber being prevented from attending, a Judge of another Chamber may be called upon to sit in accordance with conditions laid down in the Rules of Procedure.’

Article 20

The following is substituted for the first paragraph of Article 32a of the ECSC Treaty, the first paragraph of Article 166 of the EC Treaty and the first paragraph of Article 138 of the Euratom Treaty:

‘The Court of Justice shall be assisted by eight Advocates-General.’

Article 21

The following is substituted for the second and third paragraphs of Article 32b of the ECSC Treaty, the second and third paragraphs of Article 167 of the EC Treaty and the second and third paragraphs of Article 139 of the Euratom Treaty:

‘Every three years there shall be a partial replacement of the Judges. Nine and eight Judges shall be replaced alternately.

Every three years there shall be a partial replacement of the Advocates-General. Four Advocates-General shall be replaced on each occasion.’

CHAPTER 5

The Court of Auditors

Article 22

The following is substituted for Article 45b (1) of the ECSC Treaty, Article 188b (1) of the EC Treaty and Article 160b (1) of the Euratom Treaty:

‘1.   The Court of Auditors shall consist of 16 members.’

CHAPTER 6

The Economic and Social Committee

Article 23

The following is substituted for the first paragraph of Article 194 of the EC Treaty and the first paragraph of Article 166 of the Euratom Treaty:

‘The number of members of the Economic and Social Committee shall be as follows:

Belgium

12

Denmark

9

Germany

24

Greece

12

Spain

21

France

24

Ireland

9

Italy

24

Luxembourg

6

Netherlands

12

Norway

9

Austria

12

Portugal

12

Finland

9

Sweden

12

United Kingdom

24 ’.

CHAPTER 7

The Committee of the Regions

Article 24

The following is substituted for the second paragraph of Article 198a of the EC Treaty:

‘The number of members of the Committee of the Regions shall be as follows:

Belgium

12

Denmark

9

Germany

24

Greece

12

Spain

21

France

24

Ireland

9

Italy

24

Luxembourg

6

Netherlands

12

Norway

9

Austria

12

Portugal

12

Finland

9

Sweden

12

United Kingdom

24 ’.

CHAPTER 8

The ECSC Consultative Committee

Article 25

The following is substituted for the first paragraph of Article 18 of the ECSC Treaty:

‘A Consultative Committee shall be attached to the Commission. It shall consist of not less than 87 and not more than 111 members and shall comprise equal numbers of producers, of workers and of consumers and dealers.’

CHAPTER 9

The Scientific and Technical Committee

Article 26

The following is substituted for the first subparagraph of Article 134 (2) of the Euratom Treaty:

‘2.   The Committee shall consist of 39 members, appointed by the Council after consultation with the Commission.’

TITLE II

OTHER ADJUSTMENTS

Article 27

The following is substituted for Article 227 (1) of the EC Treaty:

‘1.   This Treaty shall apply to the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Kingdom of Norway, the Republic of Austria, the Portuguese Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland.’

Article 28

The following shall be inserted in Article 227 (5) of the EC Treaty as paragraph (d), in Article 79 of the ECSC Treaty as paragraph (d) and in Article 198 of the Euratom Treaty as paragraph (e):

‘This Treaty shall not apply to the Åland islands. The Government of Finland may, however, give notice, by a declaration deposited when ratifying this Treaty with the Government of the Italian Republic, that the Treaty shall apply to the Åland islands in accordance with the provisions set out in Protocol No 2 to the Act concerning the accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union. The Government of the Italian Republic shall transmit a certified copy of any such declaration to the Member States.’

PART THREE

ADAPTATIONS TO ACTS ADOPTED BY THE INSTITUTIONS

Article 29

The acts listed in Annex I to this Act shall be adapted as specified in that Annex.

Article 30

The adaptations to the acts listed in Annex II to this Act made necessary by accession shall be drawn up in conformity with the guidelines set out in that Annex and in accordance with the procedure and under the conditions laid down in Article 169.

PART FOUR

TRANSITIONAL MEASURES

TITLE I

INSTITUTIONAL PROVISIONS

Article 31

1.   During the first two years following accession, each of the new Member States shall hold an election to the European Parliament, by direct universal suffrage of their people, of the number of representatives fixed in Article 11 of this Act, in accordance with the provisions of the Act of 20 September 1976 concerning the election of representatives of the European Parliament by direct universal suffrage.

2.   From accession and for the period running until each of the elections referred to in paragraph 1, the representatives of the European Parliament of the people of the new Member States shall be appointed by the Parliaments of these States within themselves in accordance with the procedure laid down by each of those States.

3.   However, any of the new Member States which so decides may hold elections to the European Parliament during the period between the signature and the entry into force of the Accession Treaty in accordance with Protocol No 8 annexed to this Act.

4.   The term of office of the representatives elected under the terms of paragraphs 1 or 3 shall end at the same time as that of the representatives elected in the present Member States for the five-year term 1994 - 1999.

TITLE II

TRANSITIONAL MEASURES CONCERNING NORWAY

CHAPTER 1

Free movement of goods

Section I

Standards and environment

Article 32

1.   During a period of four years from the date of accession, the provisions referred to in Annex III shall, in accordance with that Annex and subject to the conditions set out therein, not apply to Norway.

2.   The provisions referred to in paragraph 1 shall be reviewed within that period in accordance with EC procedures.

Without prejudice to the outcome of that review, at the end of the transitional period referred to in paragraph 1,the EC acquis will be applicable to the new Member States under the same conditions as in the present Member States.

Section II

Miscellaneous

Article 33

During a period of three years from the date of accession, the Kingdom of Norway may continue to apply its present national system for the classification of wood in the rough to the extent that its national legislation and administrative arrangements pertaining thereto do not contravene Community legislation relating to the internal market or trade with third countries, and in particular Article 6 of Directive 68/89/EEC on the approximation of the laws of the Member States concerning the classification of wood in the rough.

During the same period, and in accordance with the procedures laid down in the EC Treaty, Directive 68/89/EEC shall be reviewed.

CHAPTER 2

Free movement of persons, services and capital

Article 34

Notwithstanding the obligations under the Treaties on which the European Union is founded, the Kingdom of Norway may maintain its existing legislation regarding secondary residences for five years from the date of accession.

Article 35

The Kingdom of Norway may, for three years from the date of accession, continue to apply restrictions onownership by non-nationals of Norwegian fishing vessels.

CHAPTER 3

Fisheries

Section I

General provisions

Article 36

1.   Unless any provision of this Chapter stipulates otherwise, the rules laid down by this Act shall apply tothe fisheries sector.

2.   Articles 148 and 149 shall apply to fishery products.

Section II

Access to waters and resources

Article 37

Unless any provision of this Chapter stipulates otherwise, the arrangements for access to waters laid down in thisSection shall apply during a transitional period the end of which shall be marked by the date of implementation of the Community fishing permit system and which will not in any event be later than the date of expiry of the period laid down in Article 14 (2) of Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture.

Subsection I

Norwegian vessels

Article 38

For the purposes of their integration into the Community system for fisheries and aquaculture set up by Regulation (EEC) No 3760/92, access to the waters falling under the sovereignty or within the jurisdiction of the present Member States by vessels flying the flag of Norway and recorded and/or registered in a Norwegian port, hereinafter referred to as ‘Norwegian vessels’, shall be subject to the system defined in this Subsection.

From the date of Accession, that access regime will ensure that Norway will maintain the fishing possibilities as set out in Article 44.

Article 39

1.   Until the date of integration of the specific arrangements laid down in Articles 156 to 165 and 347 to 352 of the Act of Accession of Spain and Portugal into the general rules of the Common Fisheries Policy as established by Regulation (EEC) No 3760/92, only 441 Norwegian vessels, given in Annex IV, hereinafter referred to as ‘the basic list’, may be authorized to fish in ICES Divisions V b, VI and VII. During the period from the date of accession to 31 December 1995, the zone situated to the south of latitude 56° 30′N, to the east of longitude 12°W and to the north of latitude 50° 30′N is closed for fisheries other than by longliners.

2.   Only 165 standard vessels for fishing for demersal species, taken from the basic list, shall be authorized to fish at the same time, provided that they appear on a periodical list adopted by the Commission.

3.   ‘Standard vessel’ means a vessel having a break horse-power equal to 511 kilowatts (kW). The conversion rates for vessels having a different engine power shall be as follows:

less than 219 kW:0,57,

equal to or more than 219 kW, but less than 292 kW:0,76,

equal to or more than 292 kW, but less than 365 kW:0,85,

equal to or more than 365 kW, but less than 438 kW:0,90,

equal to or more than 438 kW, but less than 511 kW:0,96,

equal to or more than 511 kW, but less than 584 kW:1,00,

equal to or more than 584 kW, but less than 730 kW:1,07,

equal to or more than 730 kW, but not more than 876 kW:1,11,

more than 876 kW:2,25,

longliners: 1,00,

longliners equipped with gear allowing the automatic baiting or mechanical lifting of long lines: 2,00.

4.   Only 60 vessels shall be authorized for fishing for pelagic species at the same time for the period 1 December to 31 May, and 30 vessels for the period 1 June to 30 November.

5.   Any adjustments to the basic list resulting from the laying-up, before accession, of a vessel for reasons of ‘force majeure’ shall be adopted at the latest by 1 January 1995 according to the procedure of Article 18 of Regulation (EEC) No 3760/92. These adjustments may not affect the number of vessels and their allocation between each of the categories, nor bring about an increase in overall tonnage or total power for each category. Further, Norwegian vessels designated as replacements may be chosen only from among those listed in Annex V.

6.   The number of standard vessels referred to in paragraph 2 may be increased on the basis of the development of fishing possibilities allocated to Norway for stocks subject to limitations on the rate of exploitation within the meaning of Article 8 of Regulation (EEC) No 3760/92 in accordance with the procedure laid down in Article 8 (4) of that Regulation.

7.   As and when vessels referred to in the basic list are laid up or scrapped and deleted from the basic list after accession, they may be replaced by vessels of the same category having an engine power not exceeding that of the vessels thus deleted.

The conditions of replacement referred to in the preceding subparagraph shall apply only insofar as thecapacity of the fleet of the present Member States is not increased in the Community waters of the Atlantic.

8.   Provisions aimed at ensuring that operators comply with rules, including those aimed at the possibility of not authorizing the vessel concerned to fish for a certain period, shall be adopted before 1 January 1995 under the procedure provided for in Article 8 (4) of Regulation (EEC) No 3760/92.

Article 40

1.   After the date of integration of the specific arrangements laid down in Articles 156 to 165 and 347 to 352 of the Act of Accession of Spain and Portugal into the general rules of the Common Fisheries Policy as established by Regulation (EEC) No 3760/92 and until the date of application of the Community fishing permit system, Norwegian vessels shall be authorized to fish in the waters covered by Article 39, under the conditions adopted by the Council and in accordance with the procedure laid down in Article 8 (4) of Regulation (EEC) No 3760/92.

2.   The access laid down in paragraph 1 shall be regulated in the same way as that applicable to vessels flying the flag of a Member State of the Union as at present constituted, hereinafter referred to as ‘vessels of the Union as at present constituted’, in Community waters north of 62°N.

Article 41

Upon the date of accession and until the date of application of the Community fishing permit system, Norwegian vessels shall be authorized to fish in waters falling under the sovereignty or within the jurisdiction of the Member States of the Union as at present constituted, in ICES Divisions II a, III a (Skagerrak) (1) and IV, under conditions identical to those applicable immediately prior to the entry into force of the Accession Treaty and as laid down by the relevant provisions of Council Regulation (EC) No 3691/93.

Article 42

The technical procedures which prove necessary in order to ensure the application of Articles 39, 40 and 41 shall be adopted before 1 January 1995, according to the procedure provided for in Article 18 of Regulation (EEC) No 3760/92.

Article 43

Upon the date of accession and until the date of application of the Community fishing permit system, Norwegian vessels shall be authorized to fish in waters falling under the sovereignty or within the jurisdiction of Sweden in ICES Division IIIa (Skagerrak), under conditions identical to those applicable immediately prior to the entry into force of the Accession Treaty.

Detailed rules for implementing this Article shall be adopted by 1 January 1995 under the procedure laiddown under Article 18 of Regulation (EEC) No 3760/92.

Article 44

1.   The share of Community fishing opportunities for stocks which are regulated by a catch limit, to be allocated to Norway, shall be fixed as follows, by species and by zone:

Species

ICES (2) or NAFO (3) Division

Reference zones for fixing the TACs

Shares for Norway

(%)

Herring

III a

13,375

Herring (4)

II a (5), IV, VII d

29,520

Herring

V b (6), VI a north of 56°N, VI b

10,082

Sprat

III a

7,303

Capelin

NAFO 3NO

92,308

Cod

I (7), II (7)  (13)

Cod

I (9), II a (9)

100,000

Cod

III a Skagerrak (10)

3,202

Cod

III a (11)

100,000

Cod

II a (5), IV

6,425

Cod

NAFO 3M

15,663

Haddock

I, II (7)  (13)

94,838

Haddock

II a (9)

100,000

Haddock

III a, III b, c, d (6)

4,172

Haddock

II a (5), IV

13,878

Saithe

I, II (13)

95,768

Saithe

II a (5), III (6), IV

45,895

Whiting

III a

1,824

Whiting

II a (5), IV

9,906

Hake

III (6)

5,642

Hake

II a (5), IV

14,896

Mackerel

II a (5), III (6), IV

65,395

Mackerel

II a (15)

88,543

Mackerel

V b (6), VI, VII, VIII a, b, d, e, XII, XIV

3,911

Plaice

III a Skagerrak

2,000

Plaice

II a (5), IV

2,348

Sole

III (6)

2,001

Prawns

III a

46,609

Prawns

IV (15)

80,000

Norway lobster

III a (16), III b, c, d (6)

1,668

Norway lobster

III a (17)

100,000

Norway lobster

II a (5), IV (7)

0,765

Norway lobster

IV (9)

100,000

Capelin

I (15), II a (15), II b (15)  (18)

100,000

Capelin

Jan Mayen (19)

100,000

Herring

I, II, XIV

100,000

Herring

Trondheim Fjord (11)

100,000

2.   The Community fishing opportunities allocated to Norway shall be set in accordance with Article 8 (4) of Regulation (EEC) No 3760/92, for the first time before 1 January 1995.

3.   The quantities allocated to Norway of species not subject to limits on rates of exploitation in the form of catch limits, or subject to TACs, but not allocated in quotas between Member States of the Union as constituted at present, shall be set on a flat-rate basis as follows, by species and by zone:

Species

ICES Division

Reference zones

Shares for Norway

(tonnes)

Sand eel

IV (22)

34 000

Blue ling

II a (22), IV (22), V b (23), VI (22), VII (22)

1 000

Ling

II a (22), IV (22), V b (23), VI (22), VII (22)

13 400

Tusk

II a (22), IV (22), V b (23), VI (22), VII (22)

6 600

Dogfish

IV (22), VI (22), VII (22)

2 660

Basking shark (liver)

IV (22), VI (22), VII (22)

160

Porbeagle

IV (22), VI (22), VII (22)

200

Deep-water prawn

IV (22)

100

Combined quota (24)

V b (23), VI (22), VII (22)

2 000

Other species

II a (22), IV (22)

7 460

Greenland halibut

II a (22), VI (22)

1 700

Sprat

II a (22), IV (22)

6 800

Norway pout

II a (22), IV (22)

20 000

Horse mackerel

II a (22), IV (22)

5 000

Blue whiting

II (22), IV (22), V b (22), VI (22), VII (22)

186 700

4.   Until the date of application of the Community fishing permit system, in waters of the Community as at present constituted the fishing effort of Norwegian vessels in relation to non-regulated and non-allocated species may not exceed levels reached immediately prior to the entry into force of the Accession Treaty.

Subsection II

Vessels of the Union as at present constituted

Article 45

As from the date of accession and until the date of application of the Community fishing permit system, all provisions concerning fishing by vessels of the Union as at present constituted in waters falling under the sovereignty or within the jurisdiction of Norway north of 62°N, shall be identical to those applicable immediately prior to entry into force of the Accession Treaty.

The implementing rules to this Article shall be adopted by 1 January 1995 in accordance with the procedure laiddown in Article 18 of Regulation (EEC) No 3760/92.

Article 46

As from the date of accession and until the date of application of the Community fishing permit system, vessels of the Union as at present constituted shall be authorized to fish, in waters falling under the sovereignty or within the jurisdiction of Norway, in ICES Divisions IIIa and IV, under conditions identical to those applicable immediately prior to entry into force of the Accession Treaty.

The implementing rules to this Article shall be adopted by 1 January 1995 in accordance with the procedure laid down in Article 18 of Regulation (EEC) No 3760/92.

Article 47

1.   The share of Community fishing opportunities in waters falling under the sovereignty or within the jurisdiction of Norway on stocks other than those at present managed jointly by the Union and Norway, and subject to catch limits, to be allocated to the Union as at present constituted, shall be fixed as follows by species and zone:

Species

ICES Division

Reference zones for fixing the TACs

Shares for the Union as constituted at present

(%)

Cod

I (26), II (26)  (28)

4,470

Mackerel

II a (25)

11,457

Haddock

I (26), II (26)  (28)

5,162

Saithe

I, II (28)

4,232

Redfish

I, II (28)

7,947

Greenland halibut

I, II (28)

2,585

Deep-sea prawn

IV (25)

20,000

2.   The fishing opportunities allocated to the Union as at present constituted shall be set in accordance with Article 8 (4) of Regulation (EEC) No 3760/92, for the first time before 1 January 1995.

3.   The quantities allocated to the Union as at present constituted in waters falling under the sovereignty or within the jurisdiction of Norway of species not subject to limits on exploitation rates in the form of catch limits shall be set on a flat-rate basis as follows, by species and by zone:

Species

ICES Division

Reference zones

Shares for the Union as at present constituted

(tonnes)

Norway pout

IV (32)

52 000

Sand eel

IV (32)

159 000

Blue whiting

II (32)

1 000

Other species

IV (32)

7 950

Other species

I (32), II a, b (32)

520

4.   Until the date of application of the Community fishing permit system, in the waters falling under the sovereignty or within the jurisdiction of Norway the levels of fishing effort by vessels of the Union as at present constituted for non-regulated and non-allocated species may not exceed the levels reached immediately before the entry into force of the Accession Treaty.

Subsection III

Other provisions

Article 48

1.   Except where otherwise specified in the present Act, the conditions, including the geographical framework and the traditional fishing patterns, under which the allocations made in Articles 44 and 47 can be fished by Norway in the waters of the Community as at present constituted and by the Union as at present constituted in Norwegian waters, will remain identical to those applicable immediately prior to the entry in force of the Accession Treaty.

2.   These conditions shall be fixed for the first time before 1 January 1995, in accordance with Article 8 (4) of Regulation (EEC) No 3760/92.

Article 49

Until 30 June 1998 Norway shall be authorized to set the levels of the rates of exploitation in the form of catch limitations for resources located in the waters falling under its sovereignty or within its jurisdiction north of 62° N, with the exception of mackerel.

The full integration of the management of those resources into the Common Fisheries Policy after that date shall be based on the existing management regime as reflected in the Joint Declaration on the management of fisheries resources in waters north of 62° N.

Article 50

1.   During a period of one year from the date of accession, in the waters falling under the sovereignty or within the jurisdiction of Norway, the technical measures applicable immediately before the entry into force of the Accession Treaty shall be maintained with regard to all vessels of the Union.

2.   During a period of three years from the date of accession, in waters under the sovereignty or within the jurisdiction of Norway situated north of 62° N, the competent Norwegian authorities shall be authorized to adopt measures temporarily prohibiting certain types of fishing in biologically sensitive zones for reasons of stock conservation, to apply to all vessels concerned.

3.   During a period of three years, for vessels of the Union fishing in waters under the sovereignty or jurisdiction of Norway all catches shall be maintained on board in Norwegian waters.

4.   During a period of three years, for vessels of the Union fishing in waters under the sovereignty or jurisdiction of Norway, catches of species subject to catch limitations for which fishing is closed shall be maintained on board in Norwegian waters.

5.   Before the end of the transitional periods mentioned in paragraphs 1, 2, 3 and 4, in accordance with the procedure provided for in Article 4 (1) of Regulation (EEC) No 3760/92, the Council shall take a decision on the technical measures applicable in the waters falling under the sovereignty or within the jurisdiction of Norway for all vessels of the Union with a view to maintaining or developing existing measures.

Article 51

Without prejudice to the provisions of Council Regulation (EEC) 2847/93, Norway may maintain national control measures existing immediately before the entry into force of the Accession Treaty and apply them to all vessels of the Union:

for a period of three years from the date of accession, in the waters falling under its sovereignty or within its jurisdiction which are situated north of 62° N;

for a period of one year from the date of accession, in the waters falling under its sovereignty or within its jurisdiction which are situated south of 62° N.

Before the end of these transitional periods, in accordance with the procedure provided for in Article 43 of the EC Treaty, the Council shall take a decision on the control measures applicable in the waters falling under the sovereignty or within the jurisdiction of Norway for all vessels of the Union with a view to maintaining or developing existing measures.

Section III

External resources

Article 52

1.   As from accession, the fisheries agreements concluded by the Kingdom of Norway with third countries shall be managed by the Community.

However, until 30 June 1998, the agreement with Russia of 15 October 1976 on mutual fishing relations shall bemanaged by the Kingdom of Norway in close association with the Commission.

2.   The rights and obligations resulting for the Kingdom of Norway from the agreements referred to in paragraph 1 shall not be affected during the period in which the provisions of these agreements are provisionally maintained.

3.   As soon as possible, and in any event before the expiry of the agreements referred to in paragraph 1, the appropriate decisions for the continuation of fishing possibilities shall be adopted in each case by the Council, acting by a qualified majority on a proposal from the Commission, including the possibility of extending certain agreements for periods not exceeding one year.

4.   Where, by virtue of existing agreements concluded by the Community with third countries, in particular with Greenland, Norway has derived fishing possibilities prior to the date of accession, these will be maintained on the basis of Community principles, including the principle of relative stability.

Section IV

Arrangements applicable to trade

Article 53

1.   For a period of four years from the date of accession, the following fishery products, namely, salmon, herring, mackerel, shrimps, scallops, Norway lobster, redfish and trout, coming from Norway and for consignment to the other Member States, shall be subject to a trade monitoring system.

2.   This system, managed by the Commission, shall stipulate indicative ceilings allowing for unhampered trade up to the ceilings. It will be based on dispatch documents issued by the country of origin. In the event of the ceilings being exceeded or of serious market disturbances, the Commission may take the appropriate measures in accordance with established Community practice. Such measures shall under no circumstances be more stringent than those applied to imports from third countries.

3.   The Council acting by a qualified majority on a proposal from the Commission shall adopt, before 1 January 1995, the procedure for applying this Article.

CHAPTER 4

External relations including customs union

Article 54

The acts listed in Annex VI to this Act shall apply in respect of Norway under the conditions laid down in that Annex.

Article 55

The basic duty used for the moves towards alignment on the Common Customs Tariff provided for in Article 56 shall, for each product, be the duty actually applied by the Kingdom of Norway on 1 January 1994.

Article 56

The Kingdom of Norway may maintain, for a period of three years after accession, its customs tariff applicable to third countries for the products referred to in Annex VII.

During this period, the Kingdom of Norway shall reduce the difference between its basic duty and the duty in the Common Customs Tariff in accordance with the following timetable:

on 1 January 1996, each difference between the basic duty and the CCT duty shall be reduced to 75 %;

on 1 January 1997, each difference between the basic duty and the CCT duty shall be reduced to 40 %.

The Kingdom of Norway shall apply in full the Common Customs Tariff from 1 January 1998.

Article 57

1.   As from 1 January 1995, the Kingdom of Norway shall apply:

(a)

the Arrangement of 20 December 1973 regarding International Trade in Textiles as amended or extended by the Protocols of 31 July 1986, 31 July 1991, 9 December 1992 and 9 December 1993 or the Agreement on Textiles and Clothing resulting from the Uruguay Round GATT trade negotiations, if the latter is in force at the date of accession;

(b)

the bilateral textile agreements and arrangements concluded by the Community with third countries.

2.   Protocols to the bilateral agreements and arrangements referred to in paragraph 1 shall be negotiated by the Community with the third countries concerned in order to provide for an appropriate adjustment of the quantitative restrictions on exports of textile and clothing products to the Community.

3.   Should the protocols referred to in paragraph 2 not have been concluded by 1 January 1995, the Community shall take measures designed to deal with this situation and concerning the necessary transitional adjustments to ensure that the agreements are implemented by the Community.

Article 58

1.   The Kingdom of Norway may open a yearly duty free tariff quota for styrene (CN code 2902 50 00) of 21 000tonnes until 31 December 1999, provided that the goods in question:

are released for free circulation in the territory of Norway and are consumed there or undergo processing conferring Community origin there, and

remain under customs supervision pursuant to the relevant Community provisions on end-use (Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code, Articles 21 and 82).

2.   The provisions of paragraph 1 shall be applicable only if a licence issued by the relevant Norwegian authorities stating that the goods in question fall within the scope of the provisions contained in paragraph 1 is submitted in support of the declaration of entry for release for free circulation.

3.   The Commission and the competent Norwegian authorities shall take whatever measures are needed to ensure that the final consumption of the product in question, or the processing by which it acquires Community origin, takes place in the territory of Norway.

Article 59

1.   As from 1 January 1995, the Kingdom of Norway shall apply the provisions of the Agreements referred to in Article 60.

2.   Any adjustments shall be the subject of protocols concluded with the co-contracting countries and annexed to those Agreements.

3.   Should the protocols referred to in paragraph 2 not have been concluded by 1 January 1995, the Community shall take the necessary measures to deal with that situation on accession.

Article 60

Article 59 shall apply to:

the Agreements concluded with Andorra, Algeria, Bulgaria, the former Czech and Slovak Federal Republic and its successor states (the Czech Republic and the Slovak Republic), Cyprus, Egypt, Hungary, Iceland, Israel, Jordan, Lebanon, Malta, Morocco, Poland, Romania, Slovenia, Switzerland, Syria, Tunisia and Turkey and to other Agreements concluded with third countries and concerning exclusively trade in the products listed in Annex II to the EC Treaty;

the fourth ACP/EEC Convention, signed on 15 December 1989;

other similar agreements which might be concluded before accession.

Article 61

With effect from 1 January 1995, the Kingdom of Norway shall withdraw, inter alia, from the Convention establishing the European Free-Trade Association signed on 4 January 1960 and from the Free-Trade Agreements signed with Estonia, Latvia and Lithuania in 1992.

Article 62

If the new trade agreements to be concluded between the Community and Estonia, Latvia and Lithuania have not entered into force by the date of accession, the Community shall take the necessary measures to allow on accession the continuation of the prevailing level of access to the Norwegian market, of products originating in those Baltic States.

CHAPTER 5

Financial and budgetary provisions

Article 63

Any reference to the Council Decision on the system of the Communities' own resources shall be understood as referring to the Council Decision of 24 June 1988 as from time to time amended or to any Decision replacing it.

Article 64

The revenue designated as ‘Common Customs Tariff duties and other duties’ referred to in Article 2 (1) (b) of the Council Decision on the system of the Communities' own resources, or the corresponding provision in any Decision replacing it, shall include the customs duties calculated on the basis of the rates resulting from the Common Customs Tariff and any tariff concession relating there to applied by the Community in Norway's trade with third countries.

Article 65

Own resources accruing from VAT shall be calculated and checked as though investment tax were not applied. To that end, the Kingdom of Norway shall, upon accession, implement the procedures necessary to ensure that annual revenue derived from VAT and annual revenue derived from investment tax is accurately entered in the accounts.

Article 66

On the first working day of each month the Community shall pay the Kingdom of Norway, as an item of expenditure under the general budget of the European Communities, one twelfth of the following amounts:

ECU 201 million in 1995,

ECU 128 million in 1996,

ECU 52 million in 1997,

ECU 26 million in 1998.

Article 67

The Kingdom of Norway's share in the financing of the payments still to be made after its accession on commitments contracted under Article 82 of the Agreement on the European Economic Area shall be borne by the general budget of the European Communities.

Article 68

The Kingdom of Norway's share in the financing of the financial mechanism provided for in Article 116 of the Agreement on the European Economic Area shall be borne by the general budget of the European Communities.

TITLE III

TRANSITIONAL MEASURES CONCERNING AUSTRIA

CHAPTER 1

Free movement of goods

Sole section

Standards and environment

Article 69

1.   During a period of four years from the date of accession, the provisions referred to in Annex VIII, shall, in accordance with that Annex and subject to the conditions set out therein, not apply to Austria.

2.   The provisions referred to in paragraph 1 shall be reviewed within that period in accordance with EC procedures.

Without prejudice to the outcome of that review, at the end of the transitional period referred to in paragraph 1, the EC acquis will be applicable to the new Member States under the same conditions as in the present Member States.

CHAPTER 2

Free movement of persons, services and capital

Article 70

Notwithstanding the obligations under the Treaties on which the European Union is founded, the Republic of Austria may maintain its existing legislation regarding secondary residences for five years from the date of accession.

CHAPTER 3

Competition policy

Article 71

1.   Without prejudice to paragraphs 2 and 3 of this Article, the Republic of Austria shall progressively adjust as from the date of accession its monopoly of manufactured tobacco of a commercial character within the meaning of Article 37 (1) of the EC Treaty so as to ensure that, at the latest three years from the date of accession, no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of Member States.

2.   As regards the products set out in the list in Annex IX, the exclusive import right shall be abolished at latest on expiry of a period of three years from the date of accession. Abolition of that exclusive right shall be carried out by the progressive opening, as from the date of accession, of quotas for the import of products from Member States. At the beginning of each of the three years under consideration, the Republic of Austria shall open a quota calculated on the basis of the following percentages of national consumption: 15 % for the first year, 40 % for the second year, 70 % for the third year. The volumes corresponding to the percentages for the three years are given in the list in Annex IX.

The quotas referred to in the preceding subparagraph shall be open to all operators, without restriction, and products imported under those quotas may not, in the Republic of Austria, be subject to an exclusive marketing right at wholesale trade level; as regards retail sale of products imported under quotas, disposal of such products to consumers must be carried out in a non-discriminatory manner.

3.   At the latest one year after its accession, the Republic of Austria shall set up an independent authoritywith responsibility for granting authorizations for conducting retail trade, in accordance with the EC Treaty.

Article 72

Until 1 January 1996, the Republic of Austria may maintain, in respect of other Member States, the customs duties and licensing arrangements which it applied on the date of its accession to spirituous beverages and undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol falling within heading 22.08 of the HS. Any such licensing arrangements must be applied in a non-discriminatory manner.

CHAPTER 4

External relations including Customs Union

Article 73

The acts listed in Annex VI to this Act shall apply in respect of Austria under the conditions laid down in that Annex.

Article 74

The Republic of Austria may, until 31 December 1996, maintain with respect to the Republic of Hungary, the Republic of Poland, the Slovak Republic, the Czech Republic, Romania and Bulgaria, the import restrictions which it applied on 1 January 1994 in respect of lignite falling under code 2702 10 00 of the Combined Nomenclature.

The necessary adaptations will be made to the Europe Agreements and, where applicable, to the Interim Agreements concluded with those countries in accordance with Article 76.

Article 75

1.   As from 1 January 1995, the Republic of Austria shall apply:

(a)

the Arrangement of 20 December 1973 regarding International Trade in Textiles as amended or extended by the Protocols of 31 July 1986, 31 July 1991, 9 December 1992 and 9 December 1993 or the Agreement on Textiles and Clothing resulting from the Uruguay Round GATT trade negotiations, if the latter is in force at the date of accession;

(b)

the bilateral textile agreements and arrangements concluded by the Community with third countries.

2.   Protocols to the bilateral agreements and arrangements referred to in paragraph 1 shall be negotiated by the Community with the third countries concerned in order to provide for an appropriate adjustment of the quantitative restrictions on exports of textile and clothing products to the Community.

3.   Should the protocols referred to in paragraph 2 not have been concluded by 1 January 1995, the Community shall take measures designed to deal with this situation and concerning the necessary transitional adjustments to ensure that the agreements are implemented by the Community.

Article 76

1.   As from 1 January 1995, the Republic of Austria shall apply the provisions of the Agreements referred to in Article 77.

2.   Any adjustments shall be the subject of protocols concluded with the co-contracting countries and annexed to those Agreements.

3.   Should the protocols referred to in paragraph 2 not have been concluded by 1 January 1995, the Community shall take the necessary measures to deal with that situation on accession.

Article 77

Article 76 shall apply to:

the Agreements concluded with Andorra, Algeria, Bulgaria, the former Czech and Slovak Federal Republic and its successor states (the Czech Republic and the Slovak Republic), Cyprus, Egypt, Hungary, Iceland, Israel, Jordan, Lebanon, Malta, Morocco, Poland, Romania, Slovenia, Switzerland, Syria, Tunisia and Turkey and to other Agreements concluded with third countries and concerning exclusively trade in the products listed in Annex II to the EC Treaty;

the fourth ACP/EEC Convention, signed on 15 December 1989;

other similar agreements which might be concluded before accession.

Article 78

With effect from 1 January 1995, the Republic of Austria shall withdraw, inter alia, from the Convention establishing the European Free-Trade Association signed on 4 January 1960.

CHAPTER 5

Financial and budgetary provisions

Article 79

Any reference to the Council Decision on the system of the Communities' own resources shall be understood as referring to the Council Decision of 24 June 1988 as from time to time amended or to any Decision replacing it.

Article 80

The revenue designated as ‘Common Customs Tariff duties and other duties’ referred to in Article 2 (1) (b) of the Council Decision on the system of the Communities' own resources, or the corresponding provision in any Decision replacing it, shall include the customs duties calculated on the basis of the rates resulting from the Common Customs Tariff and any tariff concession relating thereto applied by the Community in Austria's trade with third countries.

Article 81

On the first working day of each month the Community shall pay the Republic of Austria, as an item of expenditure under the general budget of the European Communities, one twelfth of the following amounts:

ECU 583 million in 1995,

ECU 106 million in 1996,

ECU 71 million in 1997,

ECU 35 million in 1998.

Article 82

The Republic of Austria's share in the financing of the payments still to be made after its accession on commitments contracted under Article 82 of the Agreement on the European Economic Area shall be borne by the general budget of the European Communities.

Article 83

The Republic of Austria's share in the financing of the financial mechanism provided for in Article 116 of the Agreement on the European Economic Area shall be borne by the general budget of the European Communities.

TITLE IV

TRANSITIONAL MEASURES CONCERNING FINLAND

CHAPTER 1

Free movement of goods

Section 1

Standards and environment

Article 84

1.   During a period of four years from the date of accession, the provisions referred to in Annex X, shall, in accordance with that Annex and subject to the conditions set out therein, not apply to Finland.

2.   The provisions referred to in paragraph 1 shall be reviewed within that period in accordance with EC procedures.

Without prejudice to the outcome of that review, at the end of the transitional period referred to in paragraph 1 the EC acquis will be applicable to the new Member States under the same conditions as in the present Member States.

Section 2

Miscellaneous

Article 85

During a period of three years from the date of accession, the Republic of Finland may continue to apply its present national system for the classification of wood in the rough to the extent that its national legislation and administrative arrangements pertaining thereto do not contravene Community legislation relating to the internal market or trade with third countries, and in particular Article 6 of Directive 68/89/EEC on the approximation of the laws of the Member States concerning the classification of wood in the rough.

During the same period, and in accordance with the procedures laid down in the EC Treaty, Directive 68/89/EEC shall be reviewed.

CHAPTER 2

Free movement of persons, services and capital

Article 86

In derogation from Article 73b of the EC Treaty, the Republic of Finland may apply until 31 December 1995 the provisions of Law No 1612 of 30 December 1992 concerning the acquisition of Finnish undertakings by foreigners.

Article 87

Notwithstanding the obligations under the Treaties on which the European Union is founded, the Republic of Finland may maintain its existing legislation regarding secondary residences for five years from the date of accession.

CHAPTER 3

Fisheries

Section I

General provisions

Article 88

1.   Unless any provision of this chapter stipulates otherwise, the rules laid down by this Act shall apply to the fisheries sector.

2.   Articles 148 and 149 shall be applicable to fishery products.

Section II

Access to waters and resources

Article 89

Unless any provision of this Chapter stipulates otherwise, the arrangements for access laid down in this section shall apply during a transitional period the end of which shall be marked by the date of implementation of the Community fishing permit system and which will in not in any event be later than the date of expiry of the period laid down in Article 14 (2) of Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture.

Subsection I

Finnish vessels

Article 90

For the purposes of their integration into the Community system for fisheries and aquaculture set up by Regulation (EEC) No 3760/92, access to the waters falling under the sovereignty or within the jurisdiction of the Member States of the Union as at present constituted by fishing vessels flying the flag of Finland and recorded and/or registered in a Finnish port, hereinafter called ‘Finnish vessels’, shall be subject to the system laid down in this Subsection.

Article 91

As from the date of accession and until the date of application of the Community fishing permit system, Finnish vessels shall be authorized to fish in waters falling under the sovereignty or within the jurisdiction of the Member States of the Union as at present constituted, in ICES Division IIId under conditions identical to those applicable immediately before the entry into force of the Accession Treaty.

Article 92

The technical procedures which prove necessary with a view to ensuring the application of Article 91 shall be adopted before 1 January 1995, in accordance with the procedure provided for in Article 18 of Regulation (EEC) No 3760/92.

Article 93

As from the date of accession and until the date of application of the Community fishing permit system, Finnish vessels shall be authorized to fish in the waters falling under the sovereignty or within the jurisdiction of Sweden, under conditions identical to those applicable immediately before the entry into force of the Accession Treaty.

The detailed rules for implementing this Article shall be adopted before 1 January 1995 under the procedure laid down in Article 18 of Regulation (EEC) No 3760/92.

Article 94

1.   The share of Community fishing opportunities for stocks which are regulated by a catch limit, to be allocated to Finland, shall be fixed as follows, by species and by zone:

Species

ICES or IBSFC Division

Reference zones for fixing the TACs

Shares for Finland (%)

Herring

III b, c, d except ‘Management Unit 3’ of the IBSFC (35)

11,840

Herring

‘Management Unit 3’ of the IBSFC

81,986

Sprat

III b, c, d (36)

12,798

Salmon

III b, c, d except the Gulf of Finland (37)

33,611

Salmon

Gulf of Finland (37)

100,000

Cod

III b, c, d (36)

2,339

2.   The shares allocated to Finland shall be set in accordance with Article 8 (4) of Regulation (EEC) No 3760/92, for the first time before 31 December 1994.

3.   Until the date of application of the Community fishing permit system and by 31 December 1997 at the latest, in the waters of the Community as at present constituted, covered by Article 91, the levels of fishing activity by Finnish vessels for non-regulated and non-allocated species may not exceed the levels attained immediately before the entry into force of the Accession Treaty.

Subsection II

Vessels of the Union as at present constituted

Article 95

As from the date of accession and until the date of application of the Community fishing permit system, vessels flying the flag of a Member State of the Union as at present constituted shall be authorized to fish, in the waters falling under the sovereignty or within the jurisdiction of Finland, under conditions identical to those applicable immediately before the entry into force of the Accession Treaty.

The detailed rules for applying this Article shall be adopted before 1 January 1995 according to theprocedure provided for in Article 18 of Regulation (EEC) No 3760/92.

Section III

External resources

Article 96

1.   As from the date of accession, fisheries agreements concluded by the Republic of Finland with third countries shall be managed by the Community.

2.   The rights and obligations resulting for the Republic of Finland from the agreements referred to inparagraph 1 shall not be affected during the period in which the provisions of these agreements are provisionally maintained.

3.   As soon as possible, and in any event before the agreements referred to in paragraph 1 expire, appropriate decisions for the continuation of fishing activities resulting therefrom shall be adopted in each case by the Council acting by a qualified majority on a proposal from the Commission, including the possibility of extending certain agreements for periods not exceeding one year.

CHAPTER 4

External relations including customs union

Article 97

The acts listed in Annex VI to this Act shall apply in respect of Finland under the conditions laid down in that Annex.

Article 98

The basic duty used for the moves towards alignment on the Common Customs Tariff provided for in Article 99 shall, for each product, be the duty actually applied by the Republic of Finland on 1 January 1994.

Article 99

The Republic of Finland may maintain, for a period of three years after accession, its customs tariff applicable to third countries for the products referred to in Annex XI.

During this period, the Republic of Finland shall reduce the difference between its basic duty and the duty in the Common Customs Tariff in accordance with the following timetable:

on 1 January 1996, each difference between the basic duty and the CCT duty shall be reduced to 75 %;

on 1 January 1997, each difference between the basic duty and the CCT duty shall be reduced to 40 %;

The Republic of Finland shall apply in full the Common Customs Tariff from 1 January 1998.

Article 100

1.   As from 1 January 1995, the Republic of Finland shall apply:

(a)

the Arrangement of 20 December 1973 regarding International Trade in Textiles as amended or extended by the Protocols of 31 July 1986, 31 July 1991, 9 December 1992 and 9 December 1993 or the Agreement on Textiles and Clothing resulting from the Uruguay Round GATT trade negotiations, if the latter is in force on the date of accession;

(b)

the bilateral textile agreements and arrangements concluded by the Community with third countries.

2.   Protocols to the bilateral agreements and arrangements referred to in paragraph 1 shall be negotiated by the Community with the third countries concerned in order to provide for an appropriate adjustment of the quantitative restrictions on exports of textile and clothing products to the Community.

3.   Should the protocols referred to in paragraph 2 not have been concluded by 1 January 1995, the Community shall take measures designed to deal with this situation and concerning the necessary transitional adjustments to ensure that the agreements are implemented by the Community.

Article 101

1.   The Republic of Finland may open a yearly duty free tariff quota for styrene (CN code 2902 50 00) of 21 000tonnes until 31 December 1999, provided that the goods in question:

are released for free circulation in the territory of Finland and are consumed there or undergo processing conferring Community origin there, and

remain under customs supervision pursuant to the relevant Community provisions on end-use (Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code, Articles 21 and 82).

2.   The provisions of paragraph 1 shall be applicable only if a licence issued by the relevant Finnish authorities stating that the goods in question fall within the scope of the provisions contained in paragraph 1 is submitted in support of the declaration of entry for release for free circulation.

3.   The Commission and the competent Finnish authorities shall take whatever measures are needed to ensure that the final consumption of the product in question, or the processing by which it acquires Community origin, takes place in the territory of Finland.

Article 102

1.   As from 1 January 1995, the Republic of Finland shall apply the provisions of the Agreements referred to in Article 103.

2.   Any adjustments shall be the subject of protocols concluded with the co-contracting countries and annexed to those Agreements.

3.   Should the protocols referred to in paragraph two not have been concluded by 1 January 1995, the Community shall take the necessary measures to deal with that situation on accession.

Article 103

Article 102 shall apply to:

the Agreements concluded with Andorra, Algeria, Bulgaria, the former Czech and Slovak Federal Republic and its successor states (the Czech Republic and the Slovak Republic), Cyprus, Egypt, Hungary, Iceland, Israel, Jordan, Lebanon, Malta, Morocco, Poland, Romania, Slovenia, Switzerland, Syria, Tunisia and Turkey and to other Agreements concluded with third countries and concerning exclusively trade in the products listed in Annex II to the EC Treaty;

the fourth ACP/EEC Convention, signed on 15 December 1989;

other similar agreements which might be concluded before accession.

Article 104

With effect from 1 January 1995, the Republic of Finland shall withdraw, inter alia, from the Convention establishing the European Free-Trade Association signed on 4 January 1960 and from the Free-Trade Agreements signed with Estonia, Latvia and Lithuania in 1992.

Article 105

If the new trade agreements to be concluded between the Community and Estonia, Latvia and Lithuania have not entered into force by the date of accession, the Community shall take the necessary measures to allow on accession the continuation of the prevailing level of access to the Finnish market of products originating in those Baltic States.

CHAPTER 5

Financial and budgetary provisions

Article 106

Any reference to the Council Decision on the system of the Communities' own resources shall be understood as referring to the Council Decision of 24 June 1988 as from time to time amended or to any Decision replacing it.

Article 107

The revenue designated as ‘Common Customs Tariff duties and other duties’ referred to in Article 2 (1) (b) of the Council Decision on the system of the Communities' own resources or the corresponding provision in any Decision replacing it, shall include the customs duties calculated on the basis of the rates resulting from the Common Customs Tariff and any tariff concession relating thereto applied by the Community in Finland's trade with third countries.

Article 108

Own resources accruing from VAT shall be calculated and checked as though the Åland Islands were included in the territorial scope of the Sixth Council Directive, 77/388/EEC, of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment.

Article 109

On the first working day of each month the Community shall pay the Republic of Finland, as an item of expenditure under the general budget of the European Communities, one twelfth of the following amounts:

ECU 476 million in 1995,

ECU 163 million in 1996,

ECU 65 million in 1997,

ECU 33 million in 1998.

Article 110

The Republic of Finland's share in the financing of the payments still to be made after its accession on commitments contracted under Article 82 of the Agreement on the European Economic Area shall be borne by the general budget of the European Communities.

Article 111

The Republic of Finland's share in the financing of the financial mechanism provided for in Article 116 of the Agreement on the European Economic Area shall be borne by the general budget of the European Communities.

TITLE V

TRANSITIONAL MEASURES CONCERNING SWEDEN

CHAPTER 1

Free movement of goods

Section I

Standards and environment

Article 112

1.   During a period of four years from the date of accession, the provisions referred to in Annex XII, shall, in accordance with that Annex and subject to the conditions set out therein, not apply to Sweden.

2.   The provisions referred to in paragraph 1 shall be reviewed within that period in accordance with EC procedures.

Without prejudice to the outcome of that review, at the end of the transitional period referred to in paragraph 1 the EC acquis will be applicable to the new Member States under the same conditions as in the present Member States.

Section II

Miscellaneous

Article 113

During a period of three years from the date of accession, the Kingdom of Sweden may continue to apply its present national system for the classification of wood in the rough to the extent that its national legislation and administrative arrangements pertaining thereto do not contravene Community legislation relating to the internal market or trade with third countries, and in particular Article 6 of Directive 68/89/EEC on the approximation of the laws of the Member States concerning the classification of wood in the rough.

During the same period, and in accordance with the procedures laid down in the EC Treaty, Directive 68/89/EEC shall be reviewed.

CHAPTER 2

Free movement of persons, services and capital

Article 114

Notwithstanding the obligations under the Treaties on which the European Union is founded, the Kingdom of Sweden may maintain its existing legislation regarding secondary residences for five years from the date of accession.

CHAPTER 3

Fisheries

Section I

General provisions

Article 115

1.   Unless any provision of this Chapter stipulates otherwise, the rules laid down by this Act shall apply to the fisheries sector.

2.   Articles 148 and 149 shall be applicable to fishery products.

Section II

Access to waters and resources

Article 116

Unless any provision of this Chapter stipulates otherwise, the arrangements for access laid down in this Section shall apply during a transitional period the end of which shall be marked by the date of implementation of the Community fishing permit system and which will not in

any event be later than the date of expiry of the period laid down in Article 14 (2) of Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture.

Subsection I

Swedish vessels

Article 117

For the purposes of their integration into the Community system for fisheries and aquaculture set up by Regulation (EEC) No 3760/92, access to the waters under the sovereignty or jurisdiction of the Member States of the Union as at present constituted by fishing vessels flying the flag of Sweden and recorded or registered in a Swedish port, hereinafter called ‘Swedish vessels’, shall be subject to the regime laid down in this Subsection.

Article 118

As from the date of accession and until the date of application of the Community fishing permit system, Swedish vessels shall be authorized to fish in waters falling under the sovereignty or within the jurisdiction of the Member States of the Union as at present constituted, in ICES Divisions III and IV, under conditions identical to those applicable immediately before the entry into force of the Accession Treaty and laid down by the relevant provisions of Regulation (EC) No 3682/93.

Article 119

The technical procedures which prove necessary with a view to ensuring the application of Article 118 shall be adopted before 1 January 1995, in accordance with the procedure provided for in Article 18 of Regulation (EEC) No 3760/92.

Article 120

As from the date of accession and until the date of application of the Community fishing permit system, Swedish vessels shall be authorized to fish in the waters falling under the sovereignty or within the jurisdiction of Finland and Norway in ICES Divisions III and IV under conditions identical to those applicable immediately before the entry into force of the Accession Treaty.

The detailed rules for applying this Article shall be adopted before 1 January 1995 according to the procedure provided for in Article 18 of Regulation (EEC) No 3760/92.

Article 121

1.   The share of Community fishing opportunities for stocks which are regulated by a catch limit, to be allocated to Sweden shall be fixed as follows, by species and by zone:

Species

ICES or IBSFC Division (39)

Reference zones for fixing the TACs

Shares for Sweden (%)

Herring

III a

43,944

Herring

III b, c, d (40) except ‘Management Unit 3’ of the IBSFC (41)

46,044

Herring

‘Management Unit 3’ of the IBSFC

18,014

Herring (42)

II a (43), IV, VII d

1,010

Sprat

III a

25,407

Sprat

III b, c, d (40)

47,264

Salmon

III b, c, d (40) except the Gulf of Finland (44)

36,435

Cod

III a Skagerrak (45)

14,006

Cod

III a Kattegat (46)

37,027

Cod

III b, c, d (40)

35,037

Cod

II a (43), IV

0,127

Haddock

III a, III b, c, d (40)

9,527

Haddock

II a (43), IV

0,443

Saithe

II a (43), III (40), IV

0,642

Whiting

III a

9,471

Whiting

II a (43), IV

0,016

Hake

III (40)

7,401

Mackerel

II a (43), III (40), IV

6,632

Plaice

III a Skagerrak

4,171

Plaice

III a Kattegat

10,000

Plaice

III b, c, d (40)

6,356

Sole

III a, III b, c, d (40)

3,099

Deep-water prawn

III a

18,690

Norway lobster

III a (48), III b, c, d (40)

25,856

2.   The shares allocated to Sweden shall be set in accordance with Article 8 (4) of Regulation (EEC) No 3760/92, for the first time before 31 December 1994.

3.   The shares allocated to Sweden of species not subject to limits on rate of exploitation in the form of catch limits, or subject to TACs, but not allocated in quotas between Member States of the Union as at present constituted, shall be set on a flat-rate basis as follows, by species and by zone:

Species

ICES Division

Reference zones for fixing the TACs

Shares for Sweden

(t)

Sprat (51)

II a (49), IV (49)

1 330

Others (50)

II a (49), IV (49)

1 000

4.   Until the date of application of the Community fishing permit system and by 31 December 1997 at the latest, in the Community waters, covered by Article 117, the levels of fishing activity by Swedish vessels for non-regulated and non-allocated species may not exceed the levels attained immediately before the entry into force of the Accession Treaty.

Article 122

1.   Except where otherwise specified in this Act, the conditions under which the allocations made in Article 121 can be fished will remain identical to those applicable immediately prior to the entry in force of the Accession Treaty.

2.   These conditions shall be fixed for the first time before 1 January 1995, in accordance with Article 8 (4) of Regulation (EEC) No 3760/92.

Subsection II

Vessels of the Union as at present constituted

Article 123

As from the date of accession and until the date of application of the Community fishing permit system, vessels flying the flag of a Member State of the Union as at present constituted shall be authorized to fish, in the waters falling within the sovereignty or under the jurisdiction of Sweden, in ICES Divisions III a, b and d under conditions identical to those applicable immediately before the entry into force of the Accession Treaty.

The detailed rules for applying this Article shall be adopted before 1 January 1995 according to the procedure provided for in Article 18 of Regulation (EEC) No 3760/92.

Section III

External resources

Article 124

1.   As from the date of accession, fisheries agreements concluded by the Kingdom of Sweden with third countries shall be managed by the Community.

2.   The rights and obligations resulting for the Kingdom of Sweden from the agreements referred to in paragraph 1 shall not be affected during the period in which the provisions of these agreements are provisionally maintained.

3.   As soon as possible, and in any event before the expiry of the agreements referred to in paragraph 1, appropriate decisions for the continuation of fishing activities resulting therefrom shall be adopted in each case by the Council acting by a qualified majority on a proposal from the Commission, including the possibility of extending certain agreements for periods not exceeding one year.

Article 125

For a period of no longer than three years from the date of accession, the Council, acting by a qualified majority on a proposal from the Commission, shall fix annually the amount of the Union's financial contribution to the release of smolt carried out by the competent Swedish authorities.

This financial compensation will be assessed in the light of the balances existing immediately before accession.

CHAPTER 4

External relations including Customs Union

Article 126

The acts listed in Annex VI to this Act shall apply in respect of Sweden under the conditions laid down in thatAnnex.

Article 127

1.   As from 1 January 1995, the Kingdom of Sweden shall apply:

(a)

the Arrangement of 20 December 1973 regarding International Trade in Textiles as amended or extended by the Protocols of 31 July 1986, 31 July 1991, 9 December 1992 and 9 December 1993 or the Agreement on Textiles and Clothing resulting from the Uruguay Round GATT trade negotiations, if the latter is in force at the date of accession;

(b)

the bilateral textile agreements and arrangements concluded by the Community with third countries.

2.   Protocols to the bilateral agreements and arrangements referred to in paragraph 1 shall be negotiated by the Community with the third countries concerned in order to provide for an appropriate adjustment of the quantitative limits on imports of textile and clothing products into the Community in a way which takes into account the existing trade patterns between Sweden and its supplier countries.

3.   Should the protocols referred to in paragraph 2 not have been concluded by 1 January 1995, the Community shall take measures designed to deal with this situation and concerning the necessary transitional adjustments to ensure that the agreements are implemented by the Community.

Article 128

1.   As from 1 January 1995, the Kingdom of Sweden shall apply the provisions of the Agreements referred to in Article 129.

2.   Any adjustments shall be the subject of protocols concluded with the co-contracting countries and annexed to those Agreements.

3.   Should the protocols referred to in paragraph two not have been concluded by 1 January 1995, the Community shall take the necessary measures to deal with that situation on accession.

Article 129

Article 128 shall apply to:

the Agreements concluded with Andorra, Algeria, Bulgaria, the former Czech and Slovak Federal Republic and its successor states (the Czech Republic and the Slovak Republic), Cyprus, Egypt, Hungary, Iceland, Israel, Jordan, Lebanon, Malta, Morocco, Poland, Romania, Slovenia, Switzerland, Syria, Tunisia and Turkey and to other Agreements concluded with third countries and concerning exclusively trade in the products listed in Annex II to the EC Treaty;

the fourth ACP/EEC Convention, signed on 15 December 1989;

other similar agreements which might be concluded before accession.

Article 130

With effect from 1 January 1995, the Kingdom of Sweden shall withdraw, inter alia, from the Convention establishing the European Free-Trade Association signed on 4 January 1960 and from the Free-Trade Agreements signed with Estonia, Latvia and Lithuania in 1992.

Article 131

If the new trade agreements to be concluded between the Community and Estonia, Latvia and Lithuania have not entered into force by the date of accession, the Community shall take the necessary measures to allow on accession the continuation of the prevailing level of access to the Swedish market of products originating in those Baltic States.

CHAPTER 5

Financial and budgetary provisions

Article 132

Any reference to the Council Decision on the system of the Communities' own resources shall be understood as referring to the Council Decision of 24 June 1988 as from time to time amended or to any Decision replacing it.

Article 133

The revenue designated as ‘Common Customs Tariff duties and other duties’ referred to in Article 2 (1) (b) of the Council Decision on the system of the Communities' own resources, or the corresponding provision in any Decision replacing it, shall include the customs duties calculated on the basis of the rates resulting from the Common Customs Tariff and any tariff concession relating thereto applied by the Community in Sweden's trade with third countries.

Article 134

On the first working day of each month the Community shall pay the Kingdom of Sweden, as an item of expenditure under the general budget of the European Communities, one twelfth of the following amounts:

ECU 488 million in 1995,

ECU 432 million in 1996,

ECU 76 million in 1997,

ECU 31 million in 1998.

Article 135

The Kingdom of Sweden's share in the financing of the payments still to be made after its accession on commitments contracted under Article 82 of the Agreement on the European Economic Area shall be borne by the general budget of the European Communities.

Article 136

The Kingdom of Sweden's share in the financing of the financial mechanism provided for in Article 116 of the Agreement on the European Economic Area shall be borne by the general budget of the European Communities.

TITLE VI

AGRICULTURE

Article 137

1.   This Title concerns agricultural products with the exception of products falling within Regulation (EEC)No 3759/92 on the common organization of the market in fishery and aquaculture products.

2.   Except where this Act provides otherwise:

trade by the new Member States between themselves, with third countries or with the present Member States shall be subject to the regime applicable to the latter Member States. The regime applicable in the Community as at present constituted with regard to import duties and charges having equivalent effect, quantitative restrictions and measures having equivalent effect shall be applicable to the new Member States;

the rights and obligations resulting from the common agricultural policy shall be applicable in full in the new Member States.

3.   Subject to the special provisions of this title with regard to different dates or time limits, transitional measures for the agricultural products referred to in paragraph 1 shall cease to apply by the end of the fifth year following the accession of Austria, Finland and Norway. These measures shall nevertheless take full account, for each product, of the total production during the year 1999.

CHAPTER 1

Provisions concerning national aids

Article 138

1.   During the transitional period, subject to authorization by the Commission, Norway, Austria and Finland may grant, in an appropriate form, transitional and degressive national aids to producers of basic agricultural products subject to the common agricultural policy.

These aids may be the subject of differentiation in particular by region.

2.   The Commission shall authorize the aids provided for in paragraph 1:

in all cases where the factors introduced by a new Member State show that significant differences exist between the level of support granted by product to its producers before accession and that which may be granted under the common agricultural policy;

up to an initial amount equal, at most, to this difference.

Initial differences of less than 10 % shall not be deemed significant.

However, the Commission's authorizations:

shall be granted in conformity with the international commitments of the enlarged Community;

shall, as far as pigmeat, eggs and poultry are concerned, take account of the price alignment of feed;

shall not be granted for tobacco.

3.   The amount of support provided for in paragraph 2 shall be calculated by basic agricultural product. This calculation shall take into consideration in particular the support measures of prices by intervention mechanisms or by other mechanisms as well as the grant of aids linked to surface area, to prices, to the quantity produced or to the production unit, and the grant of aids to holdings for specific products.

4.   Authorizations by the Commission shall:

define the maximum initial level of the aids, the rate at which they decrease and, where appropriate, the conditions for the granting thereof, taking account also of other aids resulting from Community legislation which are not covered by this Article;

be granted subject to any adjustments which may be rendered necessary:

by developments in the common agricultural policy;

by developments in the level of prices in the Community.

Should such adjustments prove necessary, the amount of the aids or the conditions for the granting thereof shall be amended at the Commission's request or on the basis of a decision by the Commission.

5.   Without prejudice to the provisions of paragraphs 1 to 4, the Commission shall authorize, under paragraph 1, in particular, the national aids provided for in Annex XIII, up to the limits and under the conditions provided for in the said Annex.

Article 139

1.   The Commission shall authorize Austria, Finland and Norway to maintain aids which are not linked to a particular production and which, for this reason, are not taken into consideration for the purpose of calculating the amount of support under Article 138 (3). In particular, aids to holdings shall be authorized under this heading.

2.   The aids provided for in paragraph 1 shall be subject to the provisions of Article 138 (4).

Aids of the same kind provided for by the common agricultural policy or compatible with Community legislation shall be deducted from the amounts thereof.

3.   Aids authorized under this Article shall be abolished at the latest at the end of the transitional period.

4.   Paragraph 1 shall not apply to aids to investment.

Article 140

The Commission shall authorize Austria, Finland and Norway to grant the transitional national aids provided for in Annex XIV up to the limits and under the conditions provided for therein. In its authorization, the Commission shall lay down the initial level of the aids, to the extent that it does not result from the conditions provided for by the Annex, and the rate at which they decrease.

Article 141

Where there are serious difficulties resulting from accession which remain after full utilization of the provisions of Articles 138, 139, 140 and 142, and of the other measures resulting from the rules existing in the Community, the Commission may authorize Finland and Norway to grant national aids to producers so as to facilitate their full integration into the common agricultural policy.

Article 142

1.   The Commission shall authorize Norway, Finland and Sweden to grant long-term national aids with a view to ensuring that agricultural activity is maintained in specific regions. These regions should cover the agricultural areas situated to the north of the 62nd Parallel and some adjacent areas south of that parallel affected by comparable climatic conditions rendering agricultural activity particularly difficult.

2.   The regions referred to in paragraph 1 shall be determined by the Commission, taking into consideration in particular:

the low population density;

the portion of agricultural land in the overall surface area;

the portion of agricultural land devoted to arable crops intended for human consumption, in the agricultural surface area used.

3.   The aids provided for in paragraph 1 may be related to physical factors of production, such as hectares of agricultural land or heads of animal taking account of the relevant limits laid down in the common organizations of the market, as well as the historical production patterns of each farm, but must not:

be linked to future production;

or lead to an increase in production or in the level of overall support recorded during a pre-accession reference period to be determined by the Commission.

The aids may be differentiated by region.

These aids must be granted in particular in order to:

maintain traditional primary production and processing naturally suited to the climatic conditions of the regions concerned;

improve the structures for the production, marketing and processing of agricultural products;

facilitate the disposal of the said products;

ensure that the environment is protected and the countryside preserved.

Article 143

1.   The aids provided for in Articles 138 to 142 and any other national aid subject to Commission authorization under this Act shall be notified to the Commission. They may not be applied until such authorization has been given.

Communication of existing or envisaged aid measures by the new Member States prior to accession shall be deemed to constitute notification on the date of accession.

2.   As regards the aids provided for in Article 142, the Commission shall submit to the Council one year after accession and subsequently every five years a report on:

the authorizations granted;

the results of the aid granted under such authorizations.

In preparation for drawing up such reports, Member States in receipt of such authorizations shall supply the Commission in good time with information on the effects of the aids granted, illustrating the development noted in the agricultural economy of the regions in question.

Article 144

In the field of the aids provided for in Articles 92 and 93 of the EC Treaty:

(a)

among the aids applied in the new Member States prior to accession only those communicated to the Commission by 30 April 1995 will be deemed to be ‘existing’ aids within the meaning of Article 93 (1) of the EC Treaty;

(b)

existing aids and plans intended to grant or alter aids, communicated to the Commission prior to accession, shall be deemed to have been notified on the date of accession.

CHAPTER 2

Other provisions

Article 145

1.   Public stocks held on 1 January 1995 by the new Member States on account of their market-support policy shall be borne by the Community at the value resulting from application of Article 8 of Council Regulation (EEC) No 1883/78 laying down general rules for the financing of interventions by the European Agricultural Guidance and Guarantee Fund, Guidance Section.

2.   Any stock of products in free circulation within the territory of the new Member States on 1 January 1995 and exceeding the quantity which could be regarded as constituting a normal carryover of stock must be eliminated by these Member States at their cost under Community procedures to be specified and within deadlines to be determined in accordance with the procedure referred to in Article 149 (1). The concept of normal carryover stock shall be defined for each product on the basis of criteria and objectives particular to each common market organization.

3.   The stocks referred to in paragraph 1 shall be deducted from the quantity exceeding the normal carryover of stock.

Article 146

The Kingdom of Norway is required to ensure that from 1 January 1995 all statutory and contractual provisions which give a monopoly to the Norwegian Grain Corporation (Statens Kornforretning) or any successor organization in relation to the import, export or the buying and selling of agricultural products shall be abolished.

However, Article 85 of the EC Treaty shall be applicable only as from 1 January 1997 to agreements, decisions and concerted practices implemented by the Norwegian Grain Corporation insofar as:

they have objectives other than those stated in the first subparagraph;

they do not involve fixing of prices, sharing of markets or control of production.

Article 147

In the agricultural sector where trade between one or more new Member States and the Community as constituted on 31 December 1994, or trade between the new Member States themselves, causes serious disturbances on the market of Austria, Finland or Norway before 1 January 2000, the Commission acting at the request of the Member State concerned, shall decide, within 24 hours of receiving such a request, on such protective measures as it considers necessary. The measures thus decided on shall be applicable forthwith, shall take account of the interest of all parties concerned and shall not entail frontier controls.

Article 148

1.   Unless otherwise stipulated in specific cases, the Council, acting by a qualified majority on a proposal from the Commission, shall adopt the necessary provisions to implement this Title.

2.   The Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, may make the adaptations to the provisions appearing in this Title which may prove necessary as a result of a modification in Community rules.

Article 149

1.   If transitional measures are necessary to facilitate the transition from the existing regime in the new Member States to that resulting from application of the common organization of the markets under the conditions set out in this Title, such measures shall be adopted in accordance with the procedure laid down in Article 38 of Regulation No 136/66/EEC or, as appropriate, in the corresponding Articles of the other Regulations on the common organization of agricultural markets. These measures may be taken during a period expiring on 31 December 1997 and their application shall be limited to that date.

2.   The Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, may extend the period referred to in paragraph 1.

Article 150

1.   The transitional measures relating to implementation of the instruments concerning the common agricultural policy not specified in this Act, including in the field of structures, which are required as a result of accession shall be adopted prior to accession in accordance with the procedure laid down in paragraph 3 and shall enter into force on the date of accession at the earliest.

2.   The transitional measures referred to in paragraph 1 shall include in particular adaptations to instruments making provision for present Member States for co-financing of certain actions in the field of statistics and control of expenditure.

They may also stipulate that, under certain conditions, national aid corresponding at most to the difference between the price recorded in a new Member State prior to accession and that resulting from application of this Act may be granted to private operators, whether natural or legal persons, holding stocks of products referred to in Article 138 (1) or resulting from processing thereof on 1 January 1995.

3.   The Council, acting by a qualified majority on a proposal from the Commission, shall adopt the transitional measures referred to in paragraphs 1 and 2. Nevertheless, the measures affecting instruments initially adopted by the Commission will be adopted by this institution following the procedure referred to in Article 149 (1).

TITLE VII

OTHER PROVISIONS

Article 151

1.   The Acts listed in Annex XV to this Act shall apply in respect of the new Member States under the conditions laid down in that Annex.

2.   At the duly substantiated request of one of the new Member States, the Council, acting unanimously on a proposal from the Commission, may, before 1 January 1995, take measures consisting of temporary derogations from acts of the institutions adopted between 1 January 1994 and the date of signature of the Accession Treaty.

Article 152

1.   If, before 1 January 1996, difficulties arise which are serious and liable to persist in any sector of the economy or which could bring about serious deterioration in the economic situation of a given area, a new Member State may apply for authorization to take protective measures in order to rectify the situation and adjust the sector concerned to the economy of the common market.

In the same circumstances, any present Member State may apply for authorization to take protective measures with regard to one or more of the new Member States.

2.   Upon request by the State concerned, the Commission shall, by emergency procedure, determine the protective measures which it considers necessary, specifying the conditions and modalities in which they are to be put into effect.

In the event of serious economic difficulties and at the express request of the Member State concerned, the Commission shall act within five working days of the receipt of the request accompanied by the relevant background information. The measures thus decided on shall be applicable forthwith, shall take account of the interest of all parties concerned and shall not entail frontier controls.

3.   The measures authorized under paragraph 2 may involve derogations from the rules of the EC Treaty, the ECSC Treaty and this Act to such an extent and for such periods as are strictly necessary in order to attain the objectives referred to in paragraph 1. Priority shall be given to such measures as will least disturb the functioning of the common market.

Article 153

In order not to hamper the proper functioning of the internal market, the enforcement of the new Member States' national rules during the transitional periods referred to in this Act shall not lead to border controls between Member States.

PART FIVE

PROVISIONS RELATING TO THE IMPLEMENTATION OF THIS ACT

TITLE I

SETTING UP OF THE INSTITUTIONS AND BODIES

Article 154

The European Parliament shall meet no later than one month after accession. It shall make such adaptations to its Rules of Procedure as are rendered necessary by accession.

Article 155

The Council shall make such adaptations to its Rules of Procedure as are rendered necessary by accession.

Article 156

1.   Upon accession, the Commission shall be enlarged by the appointment of four supplementary members. The term of office of the members appointed shall expire at the same time as that of the members holding office on the date of accession.

2.   The Commission shall make such changes to its Rules of Procedure as are rendered necessary by accession.

Article 157

1.   Upon accession, four judges shall be appointed to the Court of Justice and four judges shall be appointed to the Court of First Instance.

2.

(a)

The term of office of two of the judges of the Court of Justice appointed in accordance with paragraph 1 shall expire on 6 October 1997. Those judges shall be chosen by lot. The term of office of the other judges shall expire on 6 October 2000.

(b)

The term of office of two of the judges of the Court of First Instance appointed in accordance with paragraph 1 shall expire on 31 August 1995. Those judges shall be chosen by lot. The term of office of the other judges shall expire on 31 August 1998.

3.   Upon accession, a seventh and an eighth advocate-general shall be appointed.

4.   The term of office of one of the advocates-general appointed in accordance with paragraph 3 shall expire on 6 October 1997. The term of office of the other advocate-general shall expire on 6 October 2000.

5.

(a)

The Court of Justice shall make such adaptations to its Rules of Procedure as are rendered necessary by accession.

(b)

The Court of First Instance, in agreement with the Court of Justice, shall make such adaptations to its Rules of Procedure as are rendered necessary by accession.

(c)

The Rules of Procedure as adapted shall require the unanimous approval of the Council.

6.   For the purpose of judging cases pending before the Courts on 1 January 1995 in respect of which oral proceedings have started before that date, the full Courts or the Chambers shall be composed as before accession and shall apply the Rules of Procedure in force on 31 December 1994.

Article 158

Upon accession, the Court of Auditors shall be enlarged by the appointment of four additional members. The term of office of two of the members thus appointed shall expire on 20 December 1995. Those members shall be chosen by lot. The term of office of the other members shall expire on 9 February 2000.

Article 159

Upon accession, the Economic and Social Committee shall be enlarged by the appointment of 42 members representing the various categories of economic and social activity in the new Member States. The terms of office of the members thus appointed shall expire at the same time as those of the members in office at the time of accession.

Article 160

Upon accession, the Committee of the Regions shall be enlarged by the appointment of 42 members representing regional and local bodies in the new Member States. The terms of office of the members thus appointed shall expire at the same time as those of the members in office at the time of accession.

Article 161

Upon accession, the Consultative Committee of the European Coal and Steel Community shall be enlarged by the appointment of fifteen additional members. Four members shall be appointed each for Austria, Finland and Sweden, and three members shall be appointed for Norway. The terms of office of the members thus appointed shall expire at the same time as those of the members in office at the time of accession.

Article 162

Upon accession, the Scientific and Technical Committee shall be enlarged by the appointment of six additional members. Two members shall be appointed each for Austria and Sweden, and one member each for Finland and Norway. The terms of office of the members thus appointed shall expire at the same time as those of the members in office at the time of accession.

Article 163

Upon accession, the Monetary Committee shall be enlarged by the appointment of two members for each of the new Member States. Their terms of office shall expire at the same time as those of the members in office at the time of accession.

Article 164

Adaptations to the rules of the Committees established by the original Treaties and to their rules of procedure, necessitated by the accession, shall be made as soon as possible after accession.

Article 165

1.   The terms of office of the new members of the Committees listed in Annex XVI shall expire at the same time as those of the members in office at the time of accession.

2.   Upon accession, the membership of the Committees listed in Annex XVII shall be completely renewed.

TITLE II

APPLICABILITY OF THE ACTS OF THE INSTITUTIONS

Article 166

Upon accession, the new Member States shall be considered as being addressees of directives and decisions within the meaning of Article 189 of the EC Treaty and of Article 161 of the Euratom Treaty, and of recommendations and decisions within the meaning of Article 14 of the ECSC Treaty, provided that those directives, recommendations and decisions have been addressed to all the present Member States. Except with regard to directives and decisions which enter into force pursuant to Article 191 (1) and 191 (2) of the EC Treaty, the new Member States shall be considered as having received notification of such directives, recommendations and decisions upon accession.

Article 167

The application in each of the new Member States of the acts listed in Annex XVIII to this Act may be postponed until the dates specified in that list and under the conditions specified therein.

Article 168

The new Member States shall put into effect the measures necessary for them to comply, from the date of accession, with the provisions of directives and decisions within the meaning of Article 189 of the EC Treaty and of Article 161 of the Euratom Treaty, and with recommendations and decisions within the meaning of Article 14 of the ECSC Treaty, unless a time-limit is provided for in the list of Annex XIX or in any other provisions of this Act.

Article 169

1.   Where acts of the institutions prior to accession require adaptation by reason of accession, and the necessary adaptations have not been provided for in this Act or its Annexes, those adaptations shall be made in accordance with the procedure laid down by paragraph 2. Those adaptations shall enter into force as from accession.

2.   The Council, acting by a qualified majority on a proposal from the Commission, or the Commission, according to which of these two institutions adopted the original acts, shall to this end draw up the necessary texts.

Article 170

The texts of the acts of the institutions adopted before accession and drawn up by the Council or the Commission in the Finnish, Norwegian and Swedish languages shall, from the date of accession, be authentic under the same conditions as the texts drawn up in the present nine languages. They shall be published in the Official Journal of the European Communities if the texts in the present languages were so published.

Article 171

Agreements, decisions and concerted practices in existence at the time of accession which come within the scope of Article 65 of the ECSC Treaty by reason of the accession must be notified to the Commission within three months of accession. Only agreements and decisions which have been notified shall remain provisionally in force until a decision has been taken by the Commission. However, this Article shall not apply to agreements, decisions and concerted practices which at the date of accession already fall under Articles 1 and 2 of Protocol 25 to the EEA Agreement.

Article 172

1.   From the date of accession, the new Member States shall ensure that any relevant notification or information transmitted to the EFTA Surveillance Authority or to the Standing Committee of the EFTA States under the EEA Agreement before accession is transmitted without delay to the Commission. Such transmission shall be deemed to be notification or information to the Commission for the purposes of the corresponding Community provisions.

2.   From the date of accession, the new Member States shall ensure that cases which are pending before the EFTA Surveillance Authority immediately prior to accession under Articles 53, 54, 57, 61 and 62 or 65 of the EEA Agreement or Articles 1 or 2 of Protocol 25 to that Agreement and which fall under the Commission's competence as a result of accession, including cases in which the facts came to an end before the date of accession, are transmitted without delay to the Commission, which shall continue to deal with them under the relevant Community provisions while ensuring that the right of defence continues to be observed.

3.   Cases which are pending before the Commission under Articles 53 or 54 of the EEA Agreement or Articles 1 or 2 of Protocol 25 to that Agreement and which fall under Articles 85 or 86 of the EC Treaty or Articles 65 or 66 of the ECSC Treaty as a result of accession, including cases in which the facts came to an end before the date of accession, shall continue to be dealt with by the Commission under the relevant Community provisions.

4.   Any individual exemption decisions taken and negative clearance decisions taken before the date of accession under Article 53 of the EEA Agreement or Article 1 of Protocol 25 to that Agreement, whether by the EFTA Surveillance Authority or the Commission, and which concern cases which fall under Article 85 of the EC Treaty or Article 65 of the ECSC Treaty as a result of accession shall, on accession, remain valid for the purposes of Article 85 of the EC Treaty or, as the case may be, Article 65 of the ECSC Treaty until thetime limit specified therein expires or until the Commission takes a duly motivated decision to the contrary, in accordance with the basic principles of Community law.

5.   All decisions taken by the EFTA Surveillance Authority before the date of accession pursuant to Article 61 of the EEA Agreement and which fall under Article 92 of the EC Treaty as a result of accession shall, on accession, remain valid with respect to Article 92 of the EC Treaty unless the Commission decides otherwise pursuant to Article 93 of the EC Treaty. This paragraph shall not apply to decisions subject to the proceedings provided for in Article 64 of the EEA Agreement. Without prejudice to paragraph 2 above, state aids granted by new Member States during 1994 but which, in contravention of the EEA Agreement or arrangements made thereunder, either have not been notified to the EFTA Surveillance Authority or have been notified but granted before the EFTA Surveillance Authority took a decision, shall not as a consequence be considered as existing state aids under Article 93 (1) of the EC Treaty.

6.   From the date of accession, the new Member States shall ensure that all other cases, where the EFTASurveillance Authority has been seized in the framework of the surveillance procedure under the EEA Agreement before accession, are transmitted without delay to the Commission which shall continue to deal with them under the relevant Community provisions while ensuring that the right of defence continues to be observed.

7.   Without prejudice to paragraphs 4 and 5, the decisions taken by the EFTA Surveillance Authority remain valid after accession unless the Commission takes a duly motivated decision to the contrary in accordance with the basic principles of Community law.

Article 173

Provisions laid down by law, regulation or administrative action designed to ensure the protection of the health of workers and the general public in the territory of the Member States against the dangers arising from ionizing radiations shall, in accordance with Article 33 of the Euratom Treaty, be communicated by those States to the Commission within three months of accession.

TITLE III

FINAL PROVISIONS

Article 174

Annexes I to XIX and Protocols 1 to 10 attached to this Act shall form an integral part thereof.

Article 175

The Government of the French Republic shall remit to the Governments of the new Member States a certified copy of the Treaty establishing the European Coal and Steel Community and those Treaties amending that Treaty, which are deposited with the Government of the French Republic.

Article 176

The Government of the Italian Republic shall remit to the Governments of the new Member States a certified copy of the Treaty establishing the European Community, the Treaty establishing the European Atomic Energy Community and the Treaties amending or supplementing them, including the Treaties concerning the accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland, of the Hellenic Republic and of the Kingdom of Spain and the Portuguese Republic to the European Economic Community and the European Atomic Energy Community, and the Treaty on European Union, in the Danish, Dutch, English, French, German, Greek, Irish, Italian, Portuguese and Spanish languages.

The texts of those Treaties, drawn up in the Finnish, Norwegian and Swedish languages, shall be annexed to this Act. Those texts shall be authentic under the same conditions as the texts of the Treaties referred to in the first paragraph, drawn up in the present languages.

Article 177

A certified copy of the international agreements deposited in the archives of the General Secretariat of the Council of the European Union shall be remitted to the Governments of the new Member States by the Secretary-General.


(1)  The Skagerrak is defined as the area bounded on the west by a line drawn from the Hanstholm lighthouse to theLindesnes lighthouse and on the south by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from this point to the nearest point on the Swedish coast.

(2)  International Council for the Exploration of the Sea.

(3)  Convention on Future Multilateral Cooperation in the North-West Atlantic Fisheries (‘NAFO Convention’).

(4)  Excluding Norwegian spring-spawning herring.

(5)  Waters of the Community as at present constituted.

(6)  Community waters.

(7)  Except waters within 12 nautical miles of Norwegian baselines.

(8)  Until 31 December 1997 the Norwegian quota shall be the quantity at the disposal of the Union minus 2,9 % of the TAC and 11 000 t. From 1 January 1998 the Norwegian share will be the quantity at the disposal of the Union minus 4,470 % of the TAC. When the Union takes over the responsibility for the fixing of the TAC, the share for Norway will be fixed as a percentage of the quota available to the Union, on the basis of the year 1994.

(9)  In waters within 12 nautical miles of Norwegian baselines.

(10)  Excluding waters within Norwegian baselines.

(11)  Waters within Norwegian baselines.

(12)  This allocation, does not take account of the agreed transfer of 1 000 t from Norway to specific Member States of the Union as at present constituted.

(13)  Excluding waters of the Community as at present constituted.

(14)  Until the date of the implementation of the Community fishing permit system, up to one third of the quota allocated in this management area may be caught from either or both of the two other management areas for mackerel as defined in this table. Similarly, up to one third of the quotas of western mackerel allocated to the Union as at present constituted may be fished in either or both of the other two management areas. The foregoing is without prejudice to the flexibility provided for under existing arrangements between the Union as at present constituted and Norway.

(15)  In waters under the sovereignty or jurisdiction of Norway.

(16)  Except waters within 4 nautical miles of Norwegian baselines.

(17)  In waters within 4 nautical miles of Norwegian baselines.

(18)  Excluding the Jan Mayen zone.

(19)  Waters around Jan Mayen, under the sovereignty or jurisdiction of Norway.

(20)  Including catches in international waters of ICES Division II. Similarly, the catches by Member States of the Union as at present constituted in international waters of ICES Division II shall be counted against quotas allocated for Divisions Vb (Community waters), VI, VII, VIII a, b, d, e, XII, XIV.

(21)  This percentage applies only to the portion of the TAC to be fished in waters under the sovereignty or jurisdiction of Norway within the reference area. It also includes catches of Norwegian spring-spawning herring in waters of ICES Division IVa within 12 nautical miles off the Norwegian baselines.

(22)  Waters of the Community as at present constituted.

(23)  Community waters.

(24)  Long-lining for grenadiers, rat-tails, Mora mora and greater forkbeard.

(25)  Waters under the sovereignty or jurisdiction of Norway.

(26)  Except in waters within 12 nautical miles of Norwegian baselines.

(27)  Expressed as a percentage of the TAC. Until 31 December 1997, the share shall be 2,9 % plus the cohesion cod quota of 11 000 t. As from 1 January 1998 the 1,57 % of the TAC corresponds to the cohesion cod quota. An additional by-catch quota of 10 % expressed in cod equivalent will apply to the cohesion cod quota. When the Union takes over the responsibility for the fixing of the TAC, the share of the Union as at present constituted will be fixed as a percentage of the quota available to the Union, on the basis of the year 1994.

(28)  Excluding waters of the Community as at present constituted.

(29)  Expressed as a percentage of the TAC for the stock. If the TAC has not been set, the reference shall be the TAC recommended by the ACFM.

(30)  This allocation does not take into account the transfer of the 1500 t from Norway to the Community as at present constituted, resulting from the 1992 arrangements.

(31)  Without prejudice to the Community rights and commitments with other States and under international agreements.

(32)  Waters under the sovereignty or jurisdiction of Norway.

(33)  This quantity may be adjusted in the light of the development of fisheries along with adjustments for Norwegian fishing possibilities.

(34)  As by-catches

(35)  As defined by IBSFC.

(36)  Community waters.

(37)  Subdivision 32 of the IBSFC.

(38)  This percentage shall be applicable to the first 50 000 tonnes of Community fishing opportunities. For Community fishing opportunities in excess of 50 000 tonnes, the Finnish share shall be 2,161 %.

(39)  IBSFC: International Baltic Sea Fisheries Commission.

(40)  Community waters.

(41)  As defined by IBSFC.

(42)  Excluding Norwegian spring-spawning herring.

(43)  Waters of the Community as at present constituted.

(44)  Subdivision 32 of the IBSFC.

(45)  Except waters inside the Norwegian baselines.

(46)  Defined as the part of III a not covered by the definition of III a Skagerrak given in Article 41.

(47)  This percentage shall be applicable to the first 50 000 tonnes of Community fishing opportunities. For Community fishing opportunities in excess of 50 000 tonnes, the Swedish share shall be 40,000 %. These allocations do not take account of the continued transfers of quotas from Sweden to the present Member States of the Union, resulting from the 1992 EEA arrangements.

(48)  Except waters within 4 nautical miles of Norwegian baselines.

(49)  Community waters.

(50)  Species other than those for which a specific quota or flat-rate quantity is allocated to Sweden.

(51)  Including sand-eel


ANNEXES

 

ANNEX I

List referred to in Article 29 of the Act of Accession

I.   EXTERNAL RELATIONS

1.   370 L 0509: Council Directive 70/509/EEC of 27 October 1970 on the adoption of a common credit insurance policy for medium and long-term transactions with public buyers (OJ No L 254, 23.11.1970, p. 1) as amended by:

172 B: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Kingdom of Denmark, Ireland and the United Kingdom (OJ No L 73, 27.3.1972, p. 14),

179 H: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Hellenic Republic (OJ No L 291, 19.11.1979, p. 17),

185 I: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Kingdom of Spain and the Portuguese Republic (OJ No L 302, 15.11.1985, p. 23).

In Annex A the following is added to the footnote of the first page:

‘Austria:

Republik Österreich,

Finland:

Valtiontakuukeskus/Statsgaranticentralen,

Norway:

Garanti-Instituttet for Eksportkreditt,

Sweden:

Exportkreditnämden’.

2.   393 R 3030: Council Regulation (EEC) No 3030/93 of 12 October 1993 on common rules for imports of certain textile products from third countries (OJ No L 275, 8.11.1993, p. 1), as amended by:

393 R 3617: Commission Regulation (EC) No 3617/93 of 22 December 1993 (OJ No L 328, 29.12.1993, p. 22),

394 R 0195: Commission Regulation (EC) No 195/94 of 12 January 1994 (OJ No L 29, 2.2.1994, p. 1).

The second indent of Article 28 (6) of Annex III is replaced by the following:

‘—

two letters identifying the Member State of intended destination as follows:

AT= Austria

BL= Benelux

DE= Germany

DK= Denmark

EL= Greece

ES= Spain

FI= Finland

FR= France

GB= United Kingdom

IE= Ireland

IT= Italy

NO= Norway

PT= Portugal

SE= Sweden’.

3.   370 L 0510: Council Directive 70/510/EEC of 27 October 1970 on the adoption of a common credit insurance policy for medium- and long-term transactions with private buyers (OJ No L 254, 23.11.1970, p. 26), as amended by:

172 B: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Kingdom of Denmark, Ireland and the United Kingdom (OJ No L 73, 27.3.1972, p. 14),

179 H: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Hellenic Republic (OJ No L 291, 19.11.1979, p. 17),

185 I: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Kingdom of Spain and the Portuguese Republic (OJ No L 302, 15.11.1985, p. 23).

In Annex A, the following is added to the footnote on the first page:

‘Austria:

Republik Österreich,

Finland:

Valtiontakuukeskus/Statsgaranticentralen,

Norway:

Garanti-Instituttet for Eksportkreditt,

Sweden:

Exportkreditnämden’.

4.   373 D 0391: Council Decision 73/391/EEC of 3 December 1973 on consultation and information procedures in matters of credit insurance, credit guarantees and financial credit (OJ No L 346, 17.12.1973, p. 1) as amended by:

376 D 0641: Council Decision 76/641/EEC of 27 July 1976 (OJ No L 223, 16.8.1976, p. 25),

185 I: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Kingdom of Spain and the Portuguese Republic (OJ No L 302, 15.11.1985, p. 23).

In Articles 3 (2) and 10 (2) of the Annex, ‘six’ is replaced by ‘eight’.

5.   Council Decision of 4 April 1978 on the application of certain guidelines in the field of officially supported export credits (not published), as extended lastly by:

393 D 0112: Council Decision 93/112/EEC of 14 December 1992 (OJ No L 44, 22.2.1993, p. 1).

In Annex I ‘List of participants’, Austria, Finland, Norway and Sweden are deleted from the list of third countries and included in the footnote listing the Member States of the Community.

II.   CAPITAL MOVEMENTS AND ECONOMIC AND MONETARY POLICY

1.   358 X 0301 P 0390: Council Decision of 18 March 1958 on the rules governing the Monetary Committee (OJ No 17, 6.10.1958, p. 390/58), as amended by:

362 D 0405 P 1064: Council Decision 62/405/EEC of 2 April 1962 (OJ No 32, 30.4.1962, p. 1064/62),

172 B: Act concerning the conditions of Accession and the adjustments to the Treaties — Accession of the Kingdom of Denmark, Ireland and the United Kingdom (OJ No L 73, 27.3.1972, p. 14),

372 D 0377: Council Decision 72/377/EEC of 30 October 1972 (OJ No L 257, 15.11.1972, p. 20).

376 D 0332: Council Decision 76/332/EEC of 25 March 1976 (OJ No L 84, 31.3.1976, p. 56),

179 H: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Hellenic Republic (OJ No L 291, 19.11.1979, p. 17),

185 I: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Kingdom of Spain and the Portuguese Republic (OJ No L 302, 15.11.1985, p. 23).

(a)

In Article 7, ‘fourteen’ is replaced by ‘eighteen’;

(b)

in the first paragraph of Article 10, ‘fourteen’ is replaced by ‘eighteen’.

2.   388 R 1969: Council Regulation (EEC) No 1969/88 of 24 June 1988 establishing a single facility providing medium-term financial assistance for Member States' balances of payments (OJ No L 178, 8.7.1988, p. 1).

The Annex is replaced by the following:

‘ANNEX

The ceilings for outstanding loans provided for in Article 1 (3) shall be as follows:

Member State

ECU million

% total

Belgium

765

5,49

Denmark

356

2,56

Germany

2 374

17,05

Greece

205

1,47

Spain

990

7,11

France

2 374

17,05

Ireland

138

0,99

Italy

1 582

11,36

Luxembourg

27

0,19

Netherlands

791

5,68

Norway

302

2,17

Austria

475

3,41

Portugal

198

1,42

Finland

302

2,17

Sweden

672

4,83

United Kingdom

2 374

17,05

Total

13 925

100,00 ’

III.   COMPETITION

A.   ENABLING REGULATIONS

1.   365 R 0019: Council Regulation No 19/65/EEC of 2 March 1965 on the application of Article 85 (3) of the Treaty to certain categories of agreements and concerted practices (OJ No 36, 6.3.1965, p. 533/65), as amended by:

172 B: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Kingdom of Denmark, Ireland and the United Kingdom (OJ No L 73, 27.3.1972, p. 14),

179 H: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Hellenic Republic (OJ No L 291, 19.11.1979, p. 17),

185 I: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Kingdom of Spain and the Portuguese Republic (OJ No L 302, 15.11.1985, p. 23).

In Article 4:

the following subparagraph is added to paragraph 1:

‘The provisions of the preceding subparagraphs shall apply in the same way in the case of the accession of Austria, Finland, Norway and Sweden.’

paragraph 2 is supplemented by the following subparagraph:

‘Paragraph 1 shall not apply to agreements and concerted practices to which Article 85 (1) of the Treaty applies by virtue of the accession of Austria, Finland, Norway and Sweden and which must be notified within six months of accession, in accordance with Articles 5 and 25 of Regulation No 17, unless they have been so notified within that period. The present paragraph shall not apply to agreements and concerted practices which at the date of accession already fall under Article 53 (1) of the EEA Agreement.’

2.   371 R 2821: Council Regulation (EEC) No 2821/71 of 20 December 1971 on the application of Article 85 (3) of the Treaty to certain categories of agreements, decisions and concerted practices (OJ No L 285, 29.12.1971, p. 46), as amended by:

372 R 2743: Council Regulation (EEC) No 2743/72 of 19 December 1972 (OJ No L 291, 28.12.1972, p. 144),

179 H: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Hellenic Republic (OJ No L 291, 19.11.1979, p. 17),

185 I: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Kingdom of Spain and the Portuguese Republic (OJ No L 302, 15.11.1985, p. 23).

In Article 4:

paragraph 1 is supplemented by the following subparagraph:

‘The provisions of the preceding subparagraphs shall apply in the same way in the case of the accession of Austria, Finland, Norway and Sweden.’

paragraph 2 is supplemented by the following subparagraph:

‘Paragraph 1 shall not apply to agreements and concerted practices to which Article 85 (1) of the Treaty applies by virtue of the accession of Austria, Finland, Norway and Sweden and which must be notified within six months of accession, in accordance with Articles 5 and 25 of Regulation No 17, unless they have been so notified within that period. The present paragraph shall not apply to agreements and concerted practices which at the date of accession already fall under Article 53 (1) of the EEA Agreement.’

3.   387 R 3976: Council Regulation (EEC) No 3976/87 of 14 December 1987 on the application of Article 85 (3) of the Treaty to certain categories of agreements and concerted practices in the air transport sector (OJ No 374, 31.12.1987, p. 9), as amended by:

390 R 2344: Council Regulation (EEC) No 2344/90 of 24 July 1990 (OJ No L 217, 11.8.1990, p. 15),

392 R 2411: Council Regulation (EEC) No 2411/92 of 23 July 1992 (OJ No L 240, 24.8.1992, p. 19).

The following Article is inserted:

‘Article 4a

A Regulation pursuant to Article 2 may stipulate that the prohibition contained in Article 85 (1) of the Treaty shall not apply, for such period as fixed by that Regulation, to agreements, decisions and concerted practices already in existence at the date of accession to which Article 85 (1) applies by virtue of the accession of Austria, Finland, Norway and Sweden and which do not satisfy the conditions of Article 85 (3). However, this Article shall not apply to agreements, decisions and concerted practices which at the date of accession already fall under Article 53 (1) of the EEA Agreement.’.

4.   392 R 0479: Council Regulation (EEC) No 479/92 of 25 February 1992 on the application of Article 85 (3) of the Treaty to certain categories of agreements, decisions and concerted practices between liner companies (consortia) (OJ No L 55, 29.2.1992, p. 3).

The following Article is inserted:

‘Article 3a

A Regulation pursuant to Article 1 may stipulate that the prohibition contained in Article 85 (1) of the Treaty shall not apply, for such period as fixed by that Regulation, to agreements, decisions and concerted practices already in existence at the date of accession to which Article 85 (1) applies by virtue of the accession of Austria, Finland, Norway and Sweden and which do not satisfy the conditions of Article 85 (3). However, this Article shall not apply to agreements, decisions and concerted practices which at the date of accession already fall under Article 53 (1) of the EEA Agreement.’.

B.   PROCEDURAL REGULATIONS

1.   362 R 0017: First Council Regulation No 17 of 6 February 1962 implementing Articles 85 and 86 of the Treaty (OJ No 13, 21.2.1962, p. 204/62), as amended by:

362 R 0059: Council Regulation No 59 of 3 July 1962 (OJ No 58, 10.7.1962, p. 1655/62),

363 R 0118: Council Regulation No 118/63/EEC of 5 November 1963 (OJ No 162, 7.11.1963, p. 2696/63),

371 R 2822: Council Regulation (EEC) No 2822/71 of 20 December 1971 (OJ No 285, 29.12.1971, p. 49),

172 B: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Kingdom of Denmark, Ireland and the United Kingdom (OJ No L 73, 27.3.1972, p. 14),

179 H: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Hellenic Republic (OJ No L 291, 19.11.1979, p. 17),

185 I: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Kingdom of Spain and the Portuguese Republic (OJ No L 302, 15.11.1985, p. 23).

The following paragraph is added to Article 25:

‘6.   The provisions of paragraphs 1 to 4 still apply in the same way in the case of the accession of Austria, Finland, Norway and Sweden. However, they do not apply to agreements, decisions and concerted practices which at the date of accession already fall under Article 53 of the EEA Agreement.’

2.   368 R 1017: Council Regulation (EEC) No 1017/68 of 19 July 1968 applying rules of competition to transport by rail, road and inland waterway (OJ No L 175, 23.7.1968, p. 1), as amended by:

172 B: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Kingdom of Denmark, Ireland and the United Kingdom (OJ No L 73, 27.3.1972, p. 14),

179 H: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Hellenic Republic (OJ No L 292, 19.11.1979, p. 17).

In Article 30:

paragraph 3 is supplemented by the following subparagraph:

‘The prohibition in Article 85 (1) of the Treaty shall not apply to agreements, decisions and concerted practices which were in existence at the date of accession of Austria, Finland, Norway and Sweden and which, by reason of that accession, fall within the scope of Article 85 (1) if, within six months from the date of accession, they are so amended that they comply with the conditions laid down in Articles 4 and 5 of this Regulation. This subparagraph does not apply to agreements, decisions and concerted practices which at the date of accession already fall under Article 53 (1) of the EEA Agreement.’.

3.   386 R 4056: Council Regulation (EEC) No 4056/86 of 22 December 1986 laying down detailed rules for the application of Articles 85 and 86 of the Treaty to maritime transport (OJ No L 378, 31.12.1986, p. 4).

The following Article is inserted:

‘Article 26a

The prohibition in Article 85 (1) of the Treaty shall not apply to agreements, decisions and concerted practices which were in existence at the date of accession of Austria, Finland, Norway and Sweden and which, by reason of that accession, fall within the scope of Article 85 (1) if, within six months from the date of accession, they are so amended that they comply with the conditions laid down in Articles 3 to 6 of this Regulation. However, this Article shall not apply to agreements, decisions and concerted practices which at the date of accession already fall under Article 53 (1) of the EEA Agreement.’.

4.   389 R 4064: Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings (OJ No L 395, 30.12.1989, p. 1), as corrected by OJ No L 257, 21.9.1990, p. 13.

The following paragraph is added to Article 25:

‘3.   As regards concentrations to which this Regulation applies by virtue of accession, the date of accession shall be substituted for the date of entry into force of this Regulation. The provision of paragraph 2, second alternative, applies in the same way to proceedings initiated by a competition authority of the new Member States or by the EFTA Surveillance Authority.’

C.   IMPLEMENTING REGULATIONS

1.   362 R 0027: Commission Regulation No 27 of 3 May 1962: First Regulation implementing Council Regulation No 17 of 6 February 1962 (OJ No 35, 10.5.1962, p. 1118/62), as amended by:

375 R 1699: Commission Regulation (EEC) No 1699/75 of 2 July 1975 (OJ No L 172, 3.7.1975, p. 11),

179 H: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Hellenic Republic (OJ No L 291, 19.11.1979, p. 17),

385 R 2526: Commission Regulation (EEC) No 2526/85 of 5 August 1985 (OJ No L 240, 7.9.1985, p. 1),

185 I: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Kingdom of Spain and the Portuguese Republic (OJ No L 302, 15.11.1985, p. 23),

393 R 3666: Commission Regulation (EC) No 3666/93 of 15 December 1993 (OJ No L 336, 31.12.1993, p. 1).

In Article 2 (1) ‘fifteen’ is replaced by ‘nineteen’.

2.   369 R 1629: Commission Regulation (EEC) No 1629/69 of 8 August 1969 on the form, content and other details of complaints pursuant to Article 10, applications pursuant to Article 12 and notifications pursuant to Article 14 (1) of Council Regulation (EEC) No 1017/68 (OJ No L 209, 21.8.1969, p. 1), as amended by:

393 R 3666: Commission Regulation (EC) No 3666/93 of 15 December 1993 (OJ No L 336, 31.12.1993, p. 1).

In Article 3 (5), ‘fifteen’ is replaced by ‘nineteen’.

3.   388 R 4260: Commission Regulation (EEC) No 4260/88 of 16 December 1988 on the communications, complaints and applications and the hearings provided for in Council Regulation (EEC) No 4056/86 laying down detailed rules for the application of Articles 85 and 86 of the Treaty to maritime transport (OJ No L 376, 31.12.1988, p. 1) as amended by:

393 R 3666: Commission Regulation (EC) No 3666/93 of 15 December 1993 (OJ No L 336, 31.12.1993, p. 1).

In Article 4 (4), ‘fifteen’ is replaced by ‘nineteen’.

4.   388 R 4261: Commission Regulation (EEC) No 4261/88 of 16 December 1988 on the complaints, applications and the hearings provided for in Council Regulation (EEC) No 3975/87 laying down the procedure for the application of the rules on competition to undertakings in the air transport sector (OJ No L 376, 31.12.1988, p. 10), as amended by:

393 R 3666: Commission Regulation (EC) No 3666/93 of 15 December 1993 (OJ No L 336, 31.12.1993, p. 1).

In Article 3 (4), ‘fifteen’ is replaced by ‘nineteen’.

5.   390 R 2367: Commission Regulation (EEC) No 2367/90 of 25 July 1990 on the notifications, time limits and hearings provided for in Council Regulation (EEC) No 4064/89 on the control of concentrations between undertakings (OJ No L 219, 14.8.1990, p. 5), as amended by:

393 R 3666: Commission Regulation (EC) No 3666/93 of 15 December 1993 (OJ No L 336, 31.12.1993, p. 1).

In Article 2 (2), ‘twenty-one’ shall be replaced by ‘twenty-five’ and ‘sixteen’ by ‘twenty’.

D.   BLOCK EXEMPTION REGULATIONS

1.   383 R 1983: Commission Regulation (EEC) No 1983/83 of 22 June 1983 on the application of Article 85 (3) of the Treaty to categories of exclusive distribution agreements (OJ No L 173, 30.6.1983, p. 1), as amended by:

185 I: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Kingdom of Spain and the Portuguese Republic (OJ No L 302, 15.11.1985, p. 23).

The following Article is inserted:

‘Article 7a

The prohibition in Article 85 (1) of the Treaty shall not apply to agreements which were in existence at the date of accession of Austria, Finland, Norway and Sweden and which, by reason of this accession, fall within the scope of Article 85 (1) if, within six months from the date of accession, they are so amended that they comply with the conditions laid down in this Regulation. However, this Article shall not apply to agreements which at the date of accession already fall under Article 53 of the EEA Agreement.’.

2.   383 R 1984: Commission Regulation (EEC) No 1984/83 of 22 June 1983 on the application of Article 85 (3) of the Treaty to categories of exclusive purchasing agreements (OJ No L 173, 30.6.1983, p. 5), as corrected by OJ No L 281, 13.10.1983, p. 24, as amended by:

185 I: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Kingdom of Spain and the Portuguese Republic (OJ No L 302, 15.11.1985, p. 23).

The following Article is inserted:

‘Article 15a

The prohibition in Article 85 (1) of the Treaty shall not apply to agreements which were in existence at the date of accession of Austria, Finland, Norway and Sweden and which, by reason of this accession, fall within the scope of Article 85 (1) if, within six months from the date of accession, they are so amended that they comply with the conditions laid down in this Regulation. However, this Article shall not apply to agreements which at the date of accession already fall under Article 53 (1) of the EEA Agreement.’.

3.   384 R 2349: Commission Regulation (EEC) No 2349/84 of 23 July 1984 on the application of Article 85 (3) of the Treaty to certain categories of patent licensing agreements (OJ No L 219, 16.8.1984, p. 15), as amended by:

185 I: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Kingdom of Spain and the Portuguese Republic (OJ No L 302, 15.11.1985, p. 23),

393 R 0151: Commission Regulation (EEC) No 151/93 of 23 December 1992 (OJ No L 21, 29.1.1993, p. 8).

The following paragraph is added to Article 8:

‘4.   As regards agreements to which Article 85 of the Treaty applies as a result of the accession of Austria, Finland, Norway and Sweden, Articles 6 and 7 shall apply mutatis mutandis on the understanding that the relevant dates shall be the date of accession instead of 13 March 1962 and six months after the date of accession instead of 1 February 1963, 1 January 1967 and 1 April 1985. The amendment made to these agreements in accordance with Article 7 need not be notified to the Commission. However, this paragraph shall not apply to agreements which at the date of accession already fall under Article 53 (1) of the EEA Agreement.’

4.   385 R 0123: Commission Regulation (EEC) No 123/85 of 12 December 1984 on the application of Article 85 (3) of the Treaty to certain categories of motor vehicle distribution and servicing agreements (OJ No L 15, 18.1.1985, p. 16), as amended by:

185 I: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Kingdom of Spain and the Portuguese Republic (OJ No L 302, 15.11.1985, p. 23).

The following paragraph is added to Article 9:

‘4.   As regards agreements to which Article 85 of the Treaty applies as a result of the accession of Austria, Finland, Norway and Sweden, Articles 7 and 8 shall apply mutatis mutandis on the understanding that the relevant dates shall be the date of accession instead of 13 March 1962 and six months after the date of accession instead of 1 February 1963, 1 January 1967 and 1 October 1985. The amendment made to the agreements in accordance with Article 8 need not be notified to the Commission. However, this paragraph shall not apply to agreements which at the date of accession already fall under Article 53 (1) of the EEA Agreement.’

5.   385 R 0417: Commission Regulation (EEC) No 417/85 of 19 December 1984 on the application of Article 85 (3) of the Treaty to categories of specialization agreements (OJ No L 53, 22.2.1985, p. 1), as amended by:

185 I: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Kingdom of Spain and the Portuguese Republic (OJ No L 302, 15.11.1985, p. 23),

393 R 0151: Commission Regulation (EEC) No 151/93 of 23 December 1992 (OJ No L 21, 29.1.1993, p. 8).

The following paragraph is added to Article 9a:

‘As regards agreements to which Article 85 of the Treaty applies as a result of the accession of Austria, Finland, Norway and Sweden, the preceding paragraph shall apply mutatis mutandis on the understanding that the relevant dates shall be the date of accession of those countries and six months after the date of accession respectively. However, this paragraph shall not apply to agreements which at the date of accession already fall under Article 53 (1) of the EEA Agreement.’

6.   385 R 0418: Commission Regulation (EEC) No 418/85 of 19 December 1984 on the application of Article 85 (3) of the Treaty to categories of research and development agreements (OJ No L 53, 22.2.1985, p. 5), as amended by:

185 I: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Kingdom of Spain and the Portuguese Republic (OJ No L 302, 15.11.1985, p. 23),

393 R 0151: Commission Regulation (EEC) No 151/93 of 23 December 1992 (OJ No L 21, 29.1.1993, p. 8).

The following paragraph is added to Article 11:

‘7.   As regards agreements to which Article 85 of the Treaty applies as a result of the accession of Austria, Finland, Norway and Sweden, paragraphs 1 to 3 shall apply mutatis mutandis on the understanding that the relevant dates shall be the date of accession instead of 13 March 1962 and six months after the date of accession instead of 1 February 1963, 1 January 1967, 1 March 1985 and 1 September 1985. The amendment made to these agreements in accordance with the provisions of paragraph 3 need not be notified to the Commission. However, this paragraph shall not apply to agreements which at the date of accession already fall under Article 53 (1) of the EEA Agreement.’

7.   388 R 4087: Commission Regulation (EEC) No 4087/88 of 30 November 1988 on the application of Article 85 (3) of the Treaty to categories of franchise agreements (OJ No L 359, 28.12.1988, p. 46).

The following Article is inserted:

‘Article 8a

The prohibition in Article 85 (1) of the Treaty shall not apply to the franchise agreements which were in existence at the date of accession of Austria, Finland, Norway and Sweden and which, by reason of this accession, fall within the scope of Article 85 (1) if, within six months from the date of accession, they are so amended that they comply with the conditions laid down in this Regulation. However, this Article shall not apply to agreements which at the date of accession already fall under Article 53 (1) of the EEA Agreement.’

8.   389 R 0556: Commission Regulation (EEC) No 556/89 of 30 November 1988 on the application of Article 85 (3) of the Treaty to certain categories of know-how licensing agreements (OJ No L 61, 4.3.1989, p. 1), as amended by:

393 R 0151: Commission Regulation (EEC) No 151/93 of 23 December 1992 (OJ No L 21, 29.1.1993, p. 8).

The following paragraph is added to Article 10:

‘4.   As regards agreements to which Article 85 of the Treaty applies as a result of the accession of Austria, Finland, Norway and Sweden, Articles 8 and 9 shall apply mutatis mutandis on the understanding that the relevant dates shall be the date of accession instead of 13 March 1962 and six months after the date of accession instead of 1 February 1963 and 1 January 1967. The amendments made to the agreements in accordance with Article 9 need not be notified to the Commission. However, this paragraph shall not apply to agreements which at the date of accession already fall under Article 53 (1) of the EEA Agreement.’

9.   392 R 3932: Commission Regulation (EEC) No 3932/92 of 21 December 1992 on the application of Article 85 (3) of the Treaty to certain categories of agreements, decisions and concerted practices in the insurance sector (OJ No L 398, 31.12.1992, p. 7).

The following paragraph is added to Article 20:

‘4.   As regards agreements covered by Article 85 of the Treaty as a result of the accession of Austria, Finland, Norway and Sweden, Articles 18 and 19 shall apply mutatis mutandis on the understanding that the relevant dates shall be the date of accession instead of 13 March 1962 and six months after the date of accession instead of 1 February 1963, 1 January 1967, 31 December 1993 and 1 April 1994. The amendments made to the agreements in accordance with Article 19 need not be notified to the Commission. However, the present paragraph shall not apply to agreements which at the date of accession already fall under Article 53 (1) of the EEA Agreement.’

10.   393 R 1617: Commission Regulation (EEC) No 1617/93 of 25 June 1993 on the application of the Treaty to certain categories of agreements and concerted practices concerning joint planning and coordination of schedules, joint operations, consultations on passenger and cargo tariffs on scheduled air services and slot allocation at airports (OJ No L 155, 26.6.1993, p. 18).

The following Article is inserted:

‘Article 6a

The prohibition in Article 85 (1) of the Treaty shall not apply to agreements, decisions and concerted practices which were in existence at the date of accession of Austria, Finland, Norway and Sweden and which, by reason of that accession, fall within the scope of Article 85 (1) if, within six months from the date of accession, they are so amended that they comply with the conditions laid down in this Regulation. However, this Article shall not apply to agreements, decisions and concerted practices which at the date of accession already fall under Article 53 (1) of the EEA Agreement.’.

11.   393 R 3652: Commission Regulation (EC) No 3652/93 of 22 December 1993 on the application of Article 85 (3) of the Treaty to certain categories of agreements between undertakings relating to computerized reservation systems for air transport services (OJ No L 333, 31.12.1993, p. 37).

The following Article is inserted:

‘Article 14a

The prohibition in Article 85 (1) of the Treaty shall not apply to agreements which were in existence at the date of accession of Austria, Finland, Norway and Sweden and which, by reason of that accession, fall within the scope of Article 85 (1) if, within six months from the date of accession, they are so amended that they comply with the conditions laid down in this Regulation. However, this Article shall not apply to agreements which at the date of accession already fall under Article 53 (1) of the EEA Agreement.’.

IV.   SOCIAL POLICY

A.   SOCIAL SECURITY

1.   371 R 1408: Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (OJ No L 149, 5.7.1971, p. 2), as amended and updated by:

383 R 2001: Council Regulation (EEC) No 2001/83 of 2 June 1983 (OJ No L 230, 22.8.1983, p. 6),

and subsequently amended by:

385 R 1660: Council Regulation (EEC) No 1660/85 of 13 June 1985 (OJ No L 160, 20.6.1985, p. 1),

385 R 1661: Council Regulation (EEC) No 1661/85 of 13 June 1985 (OJ No L 160, 20.6.1985, p. 7),

185 I: Act concerning the conditions of accession and the adjustments to the Treaties — Accession to the European Communities of the Kingdom of Spain and the Portuguese Republic (OJ No L 302, 15.11.1985, p. 23),

386 R 3811: Council Regulation (EEC) No 3811/86 of 11 December 1986 (OJ No L 355, 16.12.1986, p. 5),

389 R 1305: Council Regulation (EEC) No 1305/89 of 11 May 1989 (OJ No L 131, 13.5.1989, p. 1),

389 R 2332: Council Regulation (EEC) No 2332/89 of 18 July 1989 (OJ No L 224, 2.8.1989, p. 1),

389 R 3427: Council Regulation (EEC) No 3427/89 of 30 October 1989 (OJ No L 331, 16.11.1989, p. 1),

391 R 2195: Council Regulation (EEC) No 2195/91 of 25 June 1991 (OJ No L 206, 29.7.1991, p. 2),

392 R 1247: Council Regulation (EEC) No 1247/92 of 30 April 1992 (OJ No L 136, 19.5.1992, p. 1),

392 R 1248: Council Regulation (EEC) No 1248/92 of 30 April 1992 (OJ No L 136, 19.5.1992, p. 7),

392 R 1249: Council Regulation (EEC) No 1249/92 of 30 April 1992 (OJ No L 136, 19.5.1992, p. 28),

393 R 1945: Council Regulation (EEC) No 1945/93 of 30 June 1993 (OJ No L 181, 23.7.1993, p. 1).

(a)

In Article 82 (1), the figure ‘72’ is replaced by ‘96’;

(b)

Annex I, Part I ‘Employed persons and/or self-employed persons (Article 1 (a) (ii) and (iii) of the Regulation)’ is amended as follows:

(i)

after the words ‘Does not apply.’ under the heading ‘J. NETHERLANDS’ insert:

‘K.   NORWAY

Any person who is an employed or self-employed person within the meaning of the National Insurance Act shall be considered respectively as employed or self-employed within the meaning of Article 1 (a) (ii) of the Regulation.

L.   AUSTRIA

Does not apply.’;

(ii)

the headings ‘K. PORTUGAL’ and ‘L. UNITED KINGDOM’ become ‘M. PORTUGAL’ and ‘P. UNITED KINGDOM’;

(iii)

after the words ‘Does not apply.’ under the heading ‘M. PORTUGAL’ insert:

‘N.   FINLAND

Any person who is an employed or self-employed person within the meaning of the legislation on the Employment Pensions Scheme shall be considered respectively as employed or self-employed with the meaning of Article 1 (a) (ii) of the Regulation.

O.   SWEDEN

Any person who is an employed or self-employed person within the meaning of the legislation on work injury insurance shall be considered respectively as employed or self-employed within the meaning of Article 1 (a) (ii) of the Regulation.’;

(c)

Annex I, Part II ‘Members of the family (second sentence of Article 1 (f) of the Regulation)’ is amended as follows:

(i)

after the entry under the heading ‘J. NETHERLANDS’ insert:

‘K.   NORWAY

For the purpose of determining entitlement to benefits in kind pursuant to the provisions of Chapter 1 of Title III of the Regulation, “member of the family”; means a spouse or a child under the age of 25.

L.   AUSTRIA

Does not apply.’;

(ii)

the headings ‘K. PORTUGAL’ and ‘L. UNITED KINGDOM’ become ‘M. PORTUGAL’ and ‘P. UNITED KINGDOM’;

(iii)

after the words ‘Does not apply.’ under the heading ‘M. PORTUGAL’ insert:

‘N.   FINLAND

For the purpose of determining entitlement to benefits in kind pursuant to the provisions of Chapter 1 of Title III of the Regulation, “member of the family”; means a spouse or a child as defined by the Sickness Insurance Act.

O.   SWEDEN

For the purpose of determining entitlement to benefits in kind pursuant to the provisions of Chapter 1 of Title III of the Regulation, “member of the family”; means a spouse or a child under the age of 18.’;

(d)

Annex II ‘(Article 1 (j) and (u) of the Regulation)’, Part I. ‘Special schemes for self-employed persons excluded from the scope of the Regulation pursuant to the fourth subparagraph of Article 1 (j)’ is amended as follows:

(i)

after the words ‘Does not apply.’ under the heading ‘J. NETHERLANDS’ insert:

‘K.   NORWAY

Does not apply.

L.   AUSTRIA

Insurance and welfare institutions (Versicherungs- und Versorgungswerke), “welfare in particular funds”; (Fürsorgeeinrichtungen) and the system for extending fee-sharing (erweiterte Honorarverteilung) for doctors, veterinary surgeons, barristers and counsel, and civil engineers (Ziviltechniker)’;

(ii)

the headings ‘K. PORTUGAL’ and ‘L. UNITED KINGDOM’ become ‘M. PORTUGAL’ and ‘P. UNITED KINGDOM’;

(iii)

after the words ‘Does not apply’ under the heading ‘M. PORTUGAL’ insert:

‘N.   FINLAND

Does not apply.

O.   SWEDEN

Does not apply.’;

(e)

Annex II, Part II ‘Special childbirth allowances excluded from the scope of the Regulation pursuant to Article 1 (u)’ is amended as follows:

(i)

after the word ‘None’ under the heading ‘J. NETHERLANDS’ insert:

‘K.   NORWAY

Lump-sum grants payable on childbirth pursuant to the National Insurance Act.

L.   AUSTRIA

The general part of the childbirth allowance.’;

(ii)

the headings ‘K. PORTUGAL’ and ‘L. UNITED KINGDOM’ become ‘M. PORTUGAL’ and ‘P. UNITED KINGDOM’;

(iii)

after the word ‘None’ under the heading ‘M. PORTUGAL’ insert:

‘N.   FINLAND

The maternity package or the maternity lump-sum grant pursuant to the Maternity Grant Act.

O.   SWEDEN

None.’;

(f)

Annex II, Part III ‘Special non-contributory benefits within the meaning of Article 4 (2b) which do not fall within the scope of the Regulation’ is amended as follows:

(i)

after the word ‘None.’ under the heading ‘J. NETHERLANDS’ insert:

‘K.   NORWAY

None.

L.   AUSTRIA

Benefits granted under Bundesländer legislation for disabled persons and persons in need of care.’;

(ii)

the headings ‘K. PORTUGAL’ and ‘L. UNITED KINGDOM’ become ‘M. PORTUGAL’ and ‘P. UNITED KINGDOM’;

(iii)

after the word ‘None’ under the heading ‘M. PORTUGAL’ insert:

‘N.   FINLAND

None.

O.   SWEDEN

None.’;

(g)

Annex IIa ‘(Article 10a of the Regulation)’ is amended as follows:

(i)

after the word ‘None.’ under the heading ‘J. NETHERLANDS’ insert:

‘K.   NORWAY

(a)

Basic benefit and attendance benefit in accordance with Article 8 (2) of the National Insurance Act of 17 June 1966 No 12 to cover extra expenses or the need for special attention, nursing or domestic help incurred by the disability, except for instances where the beneficiary is drawing an old-age, disability or survivors pension from the National Insurance Scheme.

(b)

Guaranteed minimum supplementary pension to persons who are born disabled or become disabled at an early age in accordance with Articles 7 (3) and 8 (4) of the National Insurance Act of 17 June 1966 No 12.

(c)

Child-care benefit and educational benefit to surviving spouse in accordance with Articles 10 (2) and 10 (3) of the National Insurance Act of 17 June 1966 No 12.

L.   AUSTRIA

(a)

Compensatory supplement (Federal Act of 9 September 1955 on General Social Insurance — ASVG, Federal Act of 11 October 1978 on Social Insurance for Persons engaged in Trade and Commerce — GSVG and Federal Act of 11 October 1978 on Social Insurance for Farmers-BSVG).

(b)

Care allowance (Pflegegeld) under the Austrian Federal Care Allowance Act (Bundespflegegeldgesetz) with the exception of care allowance granted by accident insurance institutions where the handicap is caused by an accident at work or occupational disease.’;

(ii)

the headings ‘K. PORTUGAL’ and ‘L. UNITED KINGDOM’ become ‘M. PORTUGAL’ and ‘P. UNITED KINGDOM’;

(iii)

after the last entry under the heading ‘K. PORTUGAL’ insert:

‘N.   FINLAND

(a)

Child-care allowance (Child-Care Allowance Act, 444/69).

(b)

Disability allowance (Disability Allowance Act, 124/88).

(c)

Housing allowance for pensioners (Act concerning the Housing Allowance for Pensioners, 591/78).

(d)

Basic unemployment allowance (Unemployment Allowance Act, 602/84) in cases where a person does not fulfil the corresponding conditions for the earnings-related unemployment allowance.

O.   SWEDEN

(a)

Municipal Housing Supplements to basic pensions (Law 1962:392 reprinted 1976:1014).

(b)

Handicap allowances which are not paid to a person receiving a pension (Law 1962:381 reprinted 1982:120).

(c)

Care allowances for handicapped children (Law 1962:381 reprinted 1982:120).’;

(h)

Annex III, Part A ‘Provisions of social security conventions remaining applicable notwithstanding Article 6 of the Regulation’ is amended as follows:

(i)

after the word ‘None.’ under the heading ‘9. BELGIUM—NETHERLANDS’ insert:

‘10.   BELGIUM—NORWAY

No convention.

11.   BELGIUM—AUSTRIA

(a)

Article 4 of the Convention on social security of 4 April 1977 as regards persons residing in a third State.

(b)

Point III of the Final Protocol to the said Convention as regards persons residing in a third State.’;

(ii)

the numbering of the heading ‘BELGIUM—PORTUGAL’ is changed from ‘10’ to ‘12’ and the following is inserted:

‘13.   BELGIUM—FINLAND

No convention.

14.   BELGIUM—SWEDEN

No convention.’;

(iii)

the numbering of the heading ‘BELGIUM—UNITED KINGDOM’ is changed from ‘11’ to ‘15’ and the subsequent headings are renumbered as follows:

‘16.   

DENMARK—GERMANY’

‘17.   

DENMARK—SPAIN’

‘18.   

DENMARK—FRANCE’

‘19.   

DENMARK—GREECE’

‘20.   

DENMARK—IRELAND’

‘21.   

DENMARK—ITALY’

‘22.   

DENMARK—LUXEMBOURG’

‘23.   

DENMARK—NETHERLANDS’;

(iv)

after the words ‘No Convention’ under the heading ‘23. DENMARK—NETHERLANDS’ insert:

‘24.   DENMARK—NORWAY

Article 10 of the Nordic Convention on social security of 15 June 1992.

25.   DENMARK—AUSTRIA

(a)

Article 4 of the Convention on social security of 16 June 1987 as regards persons residing in a third State.

(b)

Point I of the Final Protocol to the said Convention as regards persons residing in a third State.’;

(v)

the numbering of the heading ‘DENMARK—PORTUGAL’ is changed from ‘20’ to ‘26’ and the following is inserted:

‘27.   DENMARK—FINLAND

Article 10 of the Nordic Convention on social security of 15 June 1992.';

28.   DENMARK—SWEDEN

Article 10 of the Nordic Convention on social security of 15 June 1992.’;

(vi)

the numbering of the heading ‘DENMARK—UNITED KINGDOM’ is changed from ‘21’ to ‘29’ and the subsequent headings are renumbered as follows:

‘30.   

GERMANY—SPAIN’

‘31.   

GERMANY—FRANCE’

‘32.   

GERMANY—GREECE’

‘33.   

GERMANY—IRELAND’

‘34.   

GERMANY—ITALY’

‘35.   

GERMANY—LUXEMBOURG’

‘36.   

GERMANY—NETHERLANDS’

(vii)

after the entry under the heading ‘36. GERMANY—NETHERLANDS’ the following is inserted:

‘37.   GERMANY—NORWAY

No convention.

38.   GERMANY-AUSTRIA

(a)

Article 41 of the Convention on social security of 22 December 1966 as amended by Complementary Conventions No 1 of 10 April 1969, No 2 of 29 March 1974 and No 3 of 29 August 1980.

(b)

Paragraphs 3 (c), 3 (d), 17, 20 (a) and 21 of the Final Protocol to the said Convention.

(c)

Article 3 of the said Convention as regards persons residing in a third State.

(d)

Paragraph 3 (g) of the Final Protocol to the said Convention as regards persons residing in a third State.

(e)

Article 4 (1) of the Convention as regards the German legislation, under which accidents (and occupational diseases) occurring outside the territory of the Federal Republic of Germany, and periods completed outside that territory, do not give rise to payment of benefits or only give rise to payment of benefits, under certain conditions, when those entitled to them reside outside the territory of the Federal Republic of Germany, in cases in which:

(i)

the benefit is already granted or could be granted on 1 January 1994;

(ii)

the person concerned has taken up ordinary residence in Austria before 1 January 1994 and the granting of pensions from pension and accident insurance starts before 31 December 1994.

(f)

Paragraph 19 (b) of the Final Protocol to the said Convention. In applying Number 3 (c) of this provision the amount taken into account by the competent institution shall not exceed the amount, which is due in respect of the corresponding periods to be remunerated by this institution.

(g)

Article 2 of Complementary Convention No 1 of 10 April 1969 to the said Convention.

(h)

Articles 1 (5) and 8 of the Convention on unemployment insurance of 19 July 1978.

(i)

Paragraph 10 of the Final Protocol to the said Convention.’;

(viii)

the numbering of the heading ‘GERMANY—PORTUGAL’ is changed from ‘29’ to ‘39’ and the following is inserted:

‘40.   GERMANY—FINLAND

(a)

Article 4 of the Convention on social security of 23 April 1979.

(b)

Point 9 (a) of the Final Protocol to the said Convention.

41.   GERMANY—SWEDEN

(a)

Article 4 (2) of the Convention on social security of 27 February 1976.

(b)

Point 8 (a) of the Final Protocol to the said Convention.’;

(ix)

the numbering of the heading ‘GERMANY—UNITED KINGDOM’ is changed from ‘30’ to ‘42’ and the subsequent headings are renumbered as follows:

‘43.   

SPAIN—FRANCE’

‘44.   

SPAIN—GREECE’

‘45.   

SPAIN—IRELAND’

‘46.   

SPAIN—ITALY’

‘47.   

SPAIN—LUXEMBOURG’

‘48.   

SPAIN—NETHERLANDS’;

(x)

after the entry under the heading ‘48. SPAIN—NETHERLANDS’ the following is inserted:

‘49.   SPAIN—NORWAY

No convention.

50.   SPAIN—AUSTRIA

(a)

Article 4 of the Convention on social security of 6 November 1981 as regards persons residing in a third State.

(b)

Point II of the Final Protocol to the said Convention as regards persons residing in a third State.’;

(xi)

the numbering of the heading ‘SPAIN—PORTUGAL’ is changed from ‘37’ to ‘51’ and the following is inserted:

‘52.   SPAIN—FINLAND

Article 5 (2) of the Convention on social security of 19 December 1985.

53.   SPAIN—SWEDEN

Articles 5 (2) and 16 of the Convention on social security of 29 June 1987.’;

(xii)

the numbering of the heading ‘SPAIN—UNITED KINGDOM’ is changed from ‘38’ to ‘54’ and the subsequent headings are renumbered as follows:

‘55.   

FRANCE—GREECE’

‘56.   

FRANCE—IRELAND’

‘57.   

FRANCE—ITALY’

‘58.   

FRANCE—LUXEMBOURG’

‘59.   

FRANCE—NETHERLANDS’

(xiii)

after the entry under the heading ‘59. FRANCE—NETHERLANDS’ the following is inserted:

‘60.   FRANCE—NORWAY

None.’

‘61.   FRANCE—AUSTRIA

None.’;

(xiv)

the numbering of the heading ‘FRANCE—PORTUGAL’ is changed from ‘44’ to ‘62’ and the following is inserted:

‘63.   FRANCE—FINLAND

None.

64.   FRANCE—SWEDEN

None’;

(xv)

the numbering of the heading ‘FRANCE—UNITED KINGDOM’ is changed from ‘45’ to ‘65’ and the subsequent headings are renumbered as follows:

‘66.   

GREECE—IRELAND’

‘67.   

GREECE—ITALY’

‘68.   

GREECE—LUXEMBOURG’

‘69.   

GREECE—NETHERLANDS’;

(xvi)

after the entry under the heading ‘69. GREECE-NETHERLANDS’ the following is inserted:

‘70.   GREECE—NORWAY

Article 16 (5) of the Convention on social security of 12 June 1980.

71.   GREECE—AUSTRIA

(a)

Article 4 of the Convention on social security of 14 December 1979 as amended by the Complementary Convention of 21 May 1986 as regards persons residing in a third State.

(b)

Point II of the Final Protocol to the said Convention as regards persons residing in a third State.’;

(xvii)

the numbering of the heading ‘GREECE—PORTUGAL’ is changed from ‘50’ to ‘72’ and the following is inserted:

‘73.   GREECE—FINLAND

Articles 5 (2) and 21 of the Convention on social security of 11 March 1988.

74.   GREECE—SWEDEN

Articles 5 (2) and 23 of the Convention on social security of 5 May 1978 as amended by the Complementary Convention of 14 September 1984.’;

(xviii)

the numbering of the heading ‘GREECE—UNITED KINGDOM’ is changed from ‘51’ to ‘75’ and the subsequent headings are renumbered as follows:

‘76.   

IRELAND—ITALY’

‘77.   

IRELAND—LUXEMBOURG’

‘78.   

IRELAND—NETHERLANDS’;

(xix)

after the entry under the heading ‘78. IRELAND—NETHERLANDS’ the following is inserted:

‘79.   IRELAND—NORWAY

No convention.

80.   IRELAND—AUSTRIA

Article 4 of the Convention on social security of 30 September 1988 as regards persons residing in a third State.’;

(xx)

the numbering of the heading ‘IRELAND—PORTUGAL’ is changed from ‘55’ to ‘81’ and the following inserted:

‘82.   IRELAND—FINLAND

No convention.

83.   IRELAND—SWEDEN

No convention.’;

(xxi)

the numbering of the heading ‘IRELAND—UNITED KINGDOM’ is changed from ‘56’ to ‘84’ and the subsequent headings are renumbered as follows:

‘85.   

ITALY—LUXEMBOURG’

‘86.   

ITALY—NETHERLANDS’;

(xxii)

after the entry under the heading ‘86. ITALY—NETHERLANDS’ the following is inserted:

‘87.   ITALY—NORWAY

None.

88.   ITALY—AUSTRIA

(a)

Articles 5 (3) and 9 (2) of the Convention on social security of 21 January 1981.

(b)

Article 4 of the said Convention and paragraph 2 of the Final Protocol to the said Convention as regards persons residing in a third State.’;

(xxiii)

the numbering of the heading ‘ITALY—PORTUGAL’ is changed from ‘59’ to ‘89’ and the following is inserted:

‘90.   ITALY—FINLAND

No convention.

91.   ITALY—SWEDEN

Article 20 of the Convention on social security of 25 September 1979.’;

(xxiv)

the numbering of the heading ‘ITALY—UNITED KINGDOM’ is changed from ‘60’ to ‘92’ and the subsequent heading is renumbered as follows:

‘93.   

LUXEMBOURG—NETHERLANDS’;

(xxv)

after the entry under the heading ‘93. LUXEMBOURG—NETHERLANDS’ the following is inserted:

‘94.   LUXEMBOURG—NORWAY

None.

95.   LUXEMBOURG—AUSTRIA

(a)

Article 5 (2) of the Convention on social security of 21 December 1971 as amended by Complementary Conventions No 1 of 16 May 1973 and No 2 of 9 October 1978.

(b)

Article 3 (2) of the said Convention as regards persons residing in a third State.

(c)

Point III of the Final Protocol to the said Convention as regards persons residing in a third State.’;

(xxvi)

the numbering of the heading ‘LUXEMBOURG—PORTUGAL’ is changed from ‘62’ to ‘96’ and the following is inserted:

‘97.   LUXEMBOURG—FINLAND

Article 5 (2) of the Convention on social security of 15 September 1988.

98.   LUXEMBOURG—SWEDEN

(a)

Articles 4 and 29 (1) of the Convention on social security of 21 February 1985 as regards persons residing in a third State.

(b)

Article 30 of the said Convention.’;

(xxvii)

the numbering of the heading ‘LUXEMBOURG—UNITED KINGDOM’ is changed from ‘63’ to ‘99’ and the following is inserted:

‘100.   NETHERLANDS—NORWAY

Article 5 (2) of the Convention on social security of 13 April 1989.

101.   NETHERLANDS—AUSTRIA

(a)

Article 3 of the Convention on social security of 7 March 1974 as amended by the Complementary Convention of 5 November 1980 as regards persons residing in a third State.

(b)

Point II of the Final Protocol to the said Convention as regards persons residing in a third State.’;

(xxviii)

the numbering of the heading ‘NETHERLANDS—PORTUGAL’ is changed from ‘64’ to ‘102’ and the following is inserted:

‘103.   NETHERLANDS—FINLAND

No convention.

104.   NETHERLANDS—SWEDEN

Articles 4 and 24 (3) of the Convention on social security of 2 July 1976 as regards persons residing in a third State.’;

(xxix)

the numbering of the heading ‘NETHERLANDS—UNITED KINGDOM’ is changed from ‘65’ to ‘105’ and the following is inserted:

‘106.   NORWAY—AUSTRIA

(a)

Article 5 (2) of the Convention on social security of 27 August 1985.

(b)

Article 4 of the said Convention as regards persons residing in a third State.

(c)

Point II of the Final Protocol to the said Convention as regards persons residing in a third State.

107.   NORWAY—PORTUGAL

Article 6 of the Convention on social security of 5 June 1980.

108.   NORWAY—FINLAND

Article 10 of the Nordic Convention on social security of 15 June 1992.

109.   NORWAY—SWEDEN

Article 10 of the Nordic Convention on social security of 15 June 1992.

110.   NORWAY—UNITED KINGDOM

None.

111.   AUSTRIA—PORTUGAL

None.

112.   AUSTRIA—FINLAND

(a)

Article 4 of the Convention on social security of 11 December 1985 as amended by the Complementary Convention of 9 March 1993 as regards persons residing in a third State.

(b)

Point II of the Final Protocol to the said Convention as regards persons residing in a third State.

113.   AUSTRIA—SWEDEN

(a)

Articles 4 and 24 (1) of the Convention on social security of 11 November 1975 as amended by the Complementary Convention of 21 October 1982 as regards persons residing in a third State.

(b)

Point II of the Final Protocol to the said Convention as regards persons residing in a third State.

114.   AUSTRIA—UNITED KINGDOM

(a)

Article 3 of the Convention on social security of 22 July 1980 as amended by Complementary Conventions No 1 of 9 December 1985 and No 2 of 13 October 1992 as regards persons residing in a third State.

(b)

Protocol concerning benefits in kind to the said Convention with the exception of Article 2 (3) as regards persons who cannot claim treatment under Chapter 1 of Title III of the Regulation.

115.   PORTUGAL—FINLAND

No convention.

116.   PORTUGAL—SWEDEN

Article 6 of the Convention on social security of 25 October 1978.’;

(xxx)

the numbering of the heading ‘PORTUGAL—UNITED KINGDOM’ is changed from ‘66’ to ‘117’ and the following is inserted:

‘118.   FINLAND—SWEDEN

Article 10 of the Nordic Convention on social security of 15 June 1992.

119.   FINLAND—UNITED KINGDOM

None.

120.   SWEDEN—UNITED KINGDOM

Article 4 (3) of the Convention on social security of 29 June 1987.’;

(i)

Annex III, Part B ‘Provisions of Conventions which do not apply to all persons to whom the Regulation applies’ is amended as follows:

(i)

after the entry under the heading ‘9. BELGIUM—NETHERLANDS’ the following is inserted:

‘10.   BELGIUM—NORWAY

No convention.

11.   BELGIUM—AUSTRIA

(a)

Article 4 of the Convention on social security of 4 April 1977 as regards persons residing in a third State.

(b)

Point III of the Final Protocol to the said Convention as regards persons residing in a third State.’;

(ii)

the numbering of the heading ‘BELGIUM—PORTUGAL’ is changed from ‘10’ to ‘12’ and the following is inserted:

‘13.   BELGIUM—FINLAND

No convention.

14.   BELGIUM—SWEDEN

No convention.’;

(iii)

the numbering of the heading ‘BELGIUM—UNITED KINGDOM’ is changed from ‘11’ to ‘15’ and the subsequent headings are renumbered as follows:

‘16.   

DENMARK—GERMANY’

‘17.   

DENMARK—SPAIN’

‘18.   

DENMARK—FRANCE’

‘19.   

DENMARK—GREECE’

‘20.   

DENMARK—IRELAND’

‘21.   

DENMARK—ITALY’

‘22.   

DENMARK—LUXEMBOURG’

‘23.   

DENMARK—NETHERLANDS’;

(iv)

after the entry under the heading ‘23. DENMARK—NETHERLANDS’ the following is inserted:

‘24.   DENMARK—NORWAY

None.

25.   DENMARK—AUSTRIA

(a)

Article 4 of the Convention on social security of 16 June 1987 as regards persons residing in a third State.

(b)

Point I of the Final Protocol to the said Convention as regards persons residing in a third State.’;

(v)

the numbering of the heading ‘DENMARK—PORTUGAL’ is changed from ‘20’ to ‘26’ and the following is inserted:

‘27.   DENMARK—FINLAND

None.

28.   DENMARK—SWEDEN

None.’;

(vi)

the numbering of the heading ‘DENMARK—UNITED KINGDOM’ is changed from ‘21’ to ‘29’ and the subsequent headings are renumbered as follows:

‘30.   

GERMANY—SPAIN’

‘31.   

GERMANY—FRANCE’

‘32.   

GERMANY—GREECE’

‘33.   

GERMANY—IRELAND’

‘34.   

GERMANY—ITALY’

‘35.   

GERMANY—LUXEMBOURG’

‘36.   

GERMANY—NETHERLANDS’;

(vii)

after the entry under the heading ‘36. GERMANY—NETHERLANDS’ the following is inserted:

‘37.   GERMANY—NORWAY

No convention.

38.   GERMANY—AUSTRIA

(a)

Article 41 of the Convention on social security of 22 December 1966 as amended by Complementary Conventions No 1 of 10 April 1969, No 2 of 29 March 1974 and No 3 of 29 August 1980.

(b)

Paragraph 20 (a) of the Final Protocol to the said Convention.

(c)

Article 3 of the said Convention as regards persons residing in a third State.

(d)

Paragraph 3 (g) of the Final Protocol to the said Convention.

(e)

Article 4 (1) of the Convention as regards the German legislation, under which accidents (and occupational diseases) occurring outside the territory of the Federal Republic of Germany, and periods completed outside that territory, do not give rise to payment of benefits or only give rise to payment of benefits under certain conditions, when those entitled to them reside outside the territory of the Federal Republic of Germany, in cases in which:

(i)

the benefit is already granted or could be granted on 1 January 1994;

(ii)

the person concerned has taken up ordinary residence in Austria before 1 January 1994 and the granting of pensions from pension and accident insurance started before 31 December 1994.

(f)

Paragraph 19 (b) of the Final Protocol to the said Convention. In applying Number 3 (c) of this provision the amount taken into account by the competent institution shall not exceed the amount which is due in respect of the corresponding periods to be remunerated by this institution.’;

(viii)

the numbering of the heading ‘GERMANY—PORTUGAL’ is changed from ‘29’ to ‘39’ and the following is inserted:

‘40.   GERMANY—FINLAND

Article 4 of the Convention on social security of 23 April 1979.

41.   GERMANY—SWEDEN

Article 4 (2) of the Convention on social security of 27 February 1976.’;

(ix)

the numbering of the heading ‘GERMANY—UNITED KINGDOM’ is changed from ‘30’ to ‘42’ and the subsequent headings are renumbered as follows:

‘43.   

SPAIN—FRANCE’

‘44.   

SPAIN—GREECE’

‘45.   

SPAIN—IRELAND’

‘46.   

SPAIN—ITALY’

‘47.   

SPAIN—LUXEMBOURG’

‘48.   

SPAIN—NETHERLANDS’

(x)

after the entry under the heading ‘48. SPAIN—NETHERLANDS’ the following is inserted:

‘49.   SPAIN—NORWAY

No convention.

50.   SPAIN—AUSTRIA

(a)

Article 4 of the Convention on social security of 6 November 1981 as regards persons residing in a third State.

(b)

Point II of the Final Protocol to the said Convention as regards persons residing in a third State.’;

(xi)

the numbering of the heading ‘SPAIN—PORTUGAL’ is changed from ‘37’ to ‘51’ and the following is inserted:

‘52.   SPAIN—FINLAND

Article 5 (2) of the Convention on social security of 19 December 1985.

53.   SPAIN—SWEDEN

Articles 5 (2) and 16 of the Convention on social security of 29 June 1987.’;

(xii)

the numbering of the heading ‘SPAIN—UNITED KINGDOM’ is changed from ‘38’ to ‘54’ and the subsequent headings are renumbered as follows:

‘55.   

FRANCE—GREECE’

‘56.   

FRANCE—IRELAND’

‘57.   

FRANCE—ITALY’

‘58.   

FRANCE—LUXEMBOURG’

‘59.   

FRANCE—NETHERLANDS’

(xiii)

after the entry under the heading ‘59. FRANCE—NETHERLANDS’ the following is inserted:

‘60.   FRANCE—NORWAY

None.

61.   FRANCE—AUSTRIA

None.’;

(xiv)

the numbering of the heading ‘FRANCE—PORTUGAL’ is changed from ‘44’ to ‘62’ and the following is inserted:

‘63.   FRANCE—FINLAND

No convention.

64.   FRANCE—SWEDEN

None.’;

(xv)

the numbering of the heading ‘FRANCE—UNITED KINGDOM’ is changed from ‘45’ to ‘65’ and the subsequent headings are renumbered as follows:

‘66.   

GREECE—IRELAND’

‘67.   

GREECE—ITALY’

‘68.   

GREECE—LUXEMBOURG’

‘69.   

GREECE—NETHERLANDS’

(xvi)

after the entry under the heading ‘69. GREECE—NETHERLANDS’ the following is inserted:

‘70.   GREECE—NORWAY

None.

71.   GREECE—AUSTRIA

(a)

Article 4 of the Convention on social security of 14 December 1979 as amended by the Complementary Convention of 21 May 1986 as regards persons residing in a third State.

(b)

Point II of the Final Protocol to the said Convention as regards persons residing in a third State.’;

(xvii)

the numbering of the heading ‘GREECE—PORTUGAL’ is changed from ‘50’ to ‘72’ and the following is inserted:

‘73.   GREECE—FINLAND

Article 5 (2) of the Convention on social security of 11 March 1988.

74.   GREECE—SWEDEN

Article 5 (2) of the Convention on social security of 5 May 1978 as amended by the Complementary Convention of 14 September 1984.’;

(xviii)

the numbering of the heading ‘GREECE—UNITED KINGDOM’ is changed from ‘51’ to ‘75’ and the numbering of the subsequent headings is changed as follows:

‘76.   

IRELAND—ITALY’

‘77.   

IRELAND—LUXEMBOURG’

‘78.   

IRELAND—NETHERLANDS’;

(xix)

after the entry under the heading ‘78. IRELAND—NETHERLANDS’ the following is inserted:

‘79.   IRELAND—NORWAY

No convention.

80.   IRELAND—AUSTRIA

Article 4 of the Convention on social security of 30 September 1988 as regards persons residing in a third State.’;

(xx)

the numbering of the heading ‘IRELAND—PORTUGAL’ is changed from ‘55’ to ‘81’ and the following is inserted:

‘82.   IRELAND—FINLAND

No convention.

83.   IRELAND—SWEDEN

No convention.’;

(xxi)

the numbering of the heading ‘IRELAND—UNITED KINGDOM’ is changed from ‘56’ to ‘84’ and the subsequent headings are renumbered as follows:

‘85.   

ITALY—LUXEMBOURG’

‘86.   

ITALY—NETHERLANDS’;

(xxii)

after the entry under the heading ‘86. ITALY—NETHERLANDS’ the following is inserted:

‘87.   ITALY—NORWAY

None.

88.   ITALY—AUSTRIA

(a)

Articles 5 (3) and 9 (2) of the Convention on social security of 21 January 1981.

(b)

Article 4 of the said Convention and paragraph 2 of the Final Protocol to the said Convention as regards persons residing in a third State.’;

(xxiii)

the numbering of the heading ‘ITALY—PORTUGAL’ is changed from ‘59’ to ‘89’ and the following is inserted:

‘90.   ITALY—FINLAND

No convention.

91.   ITALY—SWEDEN

Article 20 of the Convention on social security of 25 September 1979.’;

(xxiv)

the numbering of the heading ‘ITALY—UNITED KINGDOM’ is changed from ‘60’ to ‘92’ and the subsequent heading is renumbered as follows:

‘93.   

LUXEMBOURG—NETHERLANDS’;

(xxv)

after the entry under the heading ‘93. LUXEMBOURG—NETHERLANDS’ the following is inserted:

‘94.   LUXEMBOURG—NORWAY

None.

95.   LUXEMBOURG—AUSTRIA

(a)

Article 5 (2) of the Convention on social security of 21 December 1971 as amended by Complementary Conventions No 1 of 16 May 1973 and No 2 of 9 October 1978.

(b)

Article 3 (2) of the said Convention as regards persons residing in a third State.

(c)

Point III of the Final Protocol to the said Convention as regards persons residing in a third State.’;

(xxvi)

the numbering of the heading ‘LUXEMBOURG—PORTUGAL’ is changed from ‘62’ to ‘96’ and the following is inserted:

‘97.   LUXEMBOURG—FINLAND

Article 5 (2) of the Convention on social security of 15 September 1988.

98.   LUXEMBOURG—SWEDEN

Articles 4 and 29 (1) of the Convention on social security of 21 February 1985 as regards persons residing in a third State.’;

(xxvii)

the numbering of the heading ‘LUXEMBOURG—UNITED KINGDOM’ is changed from ‘63’ to ‘99’ and the following is inserted:

‘100.   NETHERLANDS—NORWAY

Article 5 (2) of the Convention on social security of 13 April 1989.

101.   NETHERLANDS—AUSTRIA

(a)

Article 3 of the Convention on social security of 7 March 1974 as amended by the Complementary Convention of 5 November 1980 as regards persons residing in a third State.

(b)

Point II of the Final Protocol to the said Convention as regards persons residing in a third State.’;

(xxviii)

the numbering of the heading ‘NETHERLANDS—PORTUGAL’ is changed from ‘64’ to ‘102’ and the following is inserted:

‘103.   NETHERLANDS—FINLAND

No convention.

104.   NETHERLANDS—SWEDEN

Articles 4 and 24 (3) of the Convention on social security of 2 July 1976 as regards persons residing in a third State.’;

(xxix)

the numbering of the heading ‘NETHERLANDS—UNITED KINGDOM’ is changed from ‘65’ to ‘105’ and the following is inserted:

‘106.   NORWAY—AUSTRIA

(a)

Article 5 (2) of the Convention on social security of 27 August 1985.

(b)

Article 4 of the said Convention as regards persons residing in a third State.

(c)

Point II of the Final Protocol to the said Convention as regards persons residing in a third State.

107.   NORWAY—PORTUGAL

None.

108.   NORWAY—FINLAND

None.

109.   NORWAY—SWEDEN

None.

110.   NORWAY—UNITED KINGDOM

None.

111.   AUSTRIA—PORTUGAL

None.

112.   AUSTRIA—FINLAND

(a)

Article 4 of the Convention on social security of 11 December 1985 as amended by the Complementary Convention of 9 March 1993 as regards persons residing in a third State.

(b)

Point II of the Final Protocol to the said Convention as regards persons residing in a third State.

113.   AUSTRIA—SWEDEN

(a)

Articles 4 and 24 (1) of the Convention on social security of 11 November 1975 as amended by the Complementary Convention of 21 October 1982 as regards persons residing in a third State.

(b)

Point II of the Final Protocol to the said Convention as regards persons residing in a third State.

114.   AUSTRIA—UNITED KINGDOM

(a)

Article 3 of the Convention on social security of 22 July 1980 as amended by Complementary Conventions No 1 of 9 December 1985 and No 2 of 13 October 1992 as regards persons residing in a third State.

(b)

Protocol concerning benefits in kind to the said Convention with the exception of Article 2 (3) as regards persons who cannot claim treatment under Chapter 1 of Title III of the Regulation.

115.   PORTUGAL—FINLAND

No convention.

116.   PORTUGAL—SWEDEN

Article 6 of the Convention on social security of 25 October 1978.’;

(xxx)

the numbering of the heading ‘PORTUGAL—UNITED KINGDOM’ is changed from ‘66’ to ‘117’ and the following is inserted:

‘118.   FINLAND—SWEDEN

None.

119.   FINLAND—UNITED KINGDOM

None.

120.   SWEDEN—UNITED KINGDOM

Article 4 (3) of the Convention on social security of 29 June 1987.’;

(j)

Annex IV, Part A ‘Legislation referred to in Article 37 (1) of the Regulation under which the amount of invalidity benefits is independent of the length of periods of insurance’ is amended as follows:

(i)

after the entries under the heading ‘J. NETHERLANDS’ the following is inserted:

‘K.   NORWAY

None.

L.   AUSTRIA

None.’;

(ii)

the heading ‘K. PORTUGAL’ is changed to ‘M. PORTUGAL’

(iii)

after the entry under the heading ‘M. PORTUGAL’ the following is inserted:

‘N.   FINLAND

National pensions to persons who are born disabled or become disabled at an early age (the National Pensions Act (547/93)).

O.   SWEDEN

None.’;

(iv)

the heading ‘L. UNITED KINGDOM’ is changed to ‘P. UNITED KINGDOM’;

(k)

Annex IV, Part B ‘Special schemes for self-employed persons within the meaning of Articles 38 (3) and 45 (3) of Regulation No 1408/71’ is amended as follows:

(i)

after the entry under the heading ‘J. THE NETHERLANDS’ insert the following:

‘K.   NORWAY

None.

L.   AUSTRIA

None.’;

(ii)

the heading ‘K. PORTUGAL’ is changed to ‘M. PORTUGAL’ and the following is inserted:

‘N.   FINLAND

None.

O.   SWEDEN

None.’;

(iii)

the heading ‘L. UNITED KINGDOM’ is changed to ‘P. UNITED KINGDOM’;

(l)

Annex IV, Part C ‘Cases referred to in Article 46 (1) (b) of the Regulation where the calculation of benefit in accordance with Article 46 (2) of the Regulation may be waived’ is amended a follows:

(i)

after the entry under the heading ‘J. NETHERLANDS’ insert the following:

‘K.   NORWAY

All applications for old-age pensions, except pensions mentioned in Annex IV D.

L.   AUSTRIA

None.’;

(ii)

the heading ‘K. PORTUGAL’ is changed to ‘M. PORTUGAL’ and the following is inserted:

‘N.   FINLAND

None.

O.   SWEDEN

All applications for old-age basic and supplementary pensions except pensions mentioned in Annex IV D.’;

(iii)

the heading ‘L. UNITED KINGDOM’ is changed to ‘P. UNITED KINGDOM’;

(m)

Annex IV, Part D is replaced by the following:

‘Benefits and agreements referred to in Article 46b (2) of the Regulation

1.   Benefits referred to in Article 46b (2) (a) of the Regulation, the amount of which is independent of the length of periods of insurance or residence completed:

(a)

The invalidity benefits provided for by the legislations referred to in part A of this Annex.

(b)

The full Danish national old-age pension acquired after 10 years' residence by persons who will have been awarded a pension by 1 October 1989 at the latest.

(c)

The Spanish death allowances and survivors' pensions granted under the general and special schemes.

(d)

The widows' allowance under the widowhood insurance of the French general social security system or the agricultural workers' system.

(e)

The widowers' or widows' invalidity pension under the French general social security system or the agricultural workers' system, when calculated on the basis of the invalidity pension of a deceased spouse, paid in accordance with Article 46 (1) (a) (i).

(f)

The Netherlands widows' pension under the law of 9 April 1959 governing the general insurance for widows and orphans, as amended.

(g)

Finnish national pensions determined according to the National Pensions Act of 8 June 1956 and awarded under the transitional rules of the National Pensions Act (547/93).

(h)

The full Swedish basic pension awarded under the basic pension legislation which applied before 1 January 1993 and the full basic pension awarded under the transitional rules to the legislation applying from that date.

2.   Benefits referred to in Article 46b (2) (b) of the Regulation, the amount of which is determined by reference to a credited period deemed to have been completed between the date on which the risk materialized and a later date:

(a)

Danish early-retirement pensions, the amount of which is determined in accordance with legislation in force before 1 October 1984.

(b)

German invalidity and survivors' pensions, for which account is taken of a supplementary period, and German old-age pensions, for which account is taken of a supplementary period already acquired.

(c)

Italian pensions for total incapacity for work (inabilità).

(d)

Luxembourg invalidity and survivors' pensions.

(e)

Norwegian disability pensions, also when converted into an old-age pension upon reaching pensionable age, and all pensions (survivors' and old-age pensions) based on a deceased person's pension earnings.

(f)

Finnish employment pensions for which account is taken of future periods according to the national legislation.

(g)

Swedish invalidity and survivors' pensions for which account is taken of a credited period of insurance and Swedish old-age pensions for which account is taken of credited periods already acquired.

3.   Agreements referred to in Article 46b (2) (b) (i) of the Regulation intended to prevent the same credited period being taken into account two or more times:

Agreement of 20 July 1978 between the Government of the Grand Duchy of Luxembourg and the Government of the Federal Republic of Germany concerning various social security matters.

Nordic Convention of 15 June 1992 on social security.’;

(n)

Annex VI is amended as follows:

(i)

after the entry under the heading

‘J. NETHERLANDS’

the following is inserted:

‘K.   NORWAY

1.   The transitional provisions of the Norwegian legislation entailing a reduction of the insurance period which is required for a full supplementary pension for persons born before 1937 shall be applicable to persons covered by the Regulation provided that they have been residents of Norway, or engaged in gainful occupation as employed or self-employed in Norway, for such a number of years as is required after their sixteenth birthday and before 1 January 1967. This requirement shall be one year for each year the person's year of birth falls before 1937.

2.   A person insured under the National Insurance Act who provides care to insured care-needing old, disabled or sick persons shall, according to prescribed conditions, be credited pension points for such periods. Likewise, a person who takes care of small children shall be credited pension points when staying in another Member State than Norway provided that the person concerned is on parental leave under Norwegian labour law.

3.   Insofar as Norwegian survivors' or disability pension is payable under the Regulation, calculated in accordance with Article 46 (2) and by applying Article 45, the provisions of Sections 8-1 (3) and 10-11 (3) of the National Insurance Act by which a pension may be granted by making an exception from the general requirement of having been insured under the National Insurance Act during the last three years up to the contingency, shall not apply.

L.   AUSTRIA

1.   For the purpose of applying Chapter 1 of Title III of the Regulation, a person receiving a civil servant's pension shall be considered to be a pensioner.

2.   For the purpose of applying Article 46 (2) of the Regulation, increments for contributions for supplementary insurance and the miner's supplementary benefit under Austrian legislation shall be disregarded. In these cases the amount calculated according to Article 46 (2) of the Regulation shall be increased by increments for contributions for supplementary insurance and the miner's supplementary benefit.

3.   For the purpose of applying Article 46 (2) of the Regulation, in applying Austrian legislation the day relevant for a pension (Stichtag) shall be considered as the date when the risk materializes.

4.   The application of the provisions of the Regulation shall not have the effect of reducing any entitlement to benefits by virtue of Austrian legislation with regard to persons who have suffered in their social security situation for political or religious reasons or for reasons of their descent.’;

(ii)

the heading ‘K. PORTUGAL’ is changed to ‘M. PORTUGAL’ and the following is inserted:

‘N.   FINLAND

1.   In order to determine whether the period between the occurrence of the pension contingency and the pensionable age (future period) should be taken into account when calculating the amount of the Finnish employment pension, the periods of insurance or residence under the legislation of another Member State shall be taken into consideration for the condition relating to residence in Finland.

2.   Where employment or self-employment in Finland has terminated and the contingency occurs during employment or self-employment in another Member State and where the pension according to the Finnish employment pension legislation no longer includes the period between the contingency and the pensionable age (future period), periods of insurance under the legislation of another Member State shall be taken into consideration for the requirement of the future period as if they were periods of insurance in Finland.

3.   When, under the legislation of Finland, an increment is payable by an institution in Finland because of a delay in processing a claim for a benefit, a claim submitted to an institution of another Member State shall, for the purpose of applying the provisions of the Finnish legislation relating to such increment, be considered to have been presented on the date when that claim, along with all necessary enclosures, reaches the competent institution in Finland.

O.   SWEDEN

1.   When applying Article 18 (1) for the purpose of establishing a person's entitlement to a parental benefit period of insurance completed under the legislation of another Member State than Sweden shall be considered to be based on the same average earnings as the Swedish periods of insurance to which they are aggregated.

2.   The provisions of the Regulation on the aggregation of insurance or residence periods shall not apply to the transitional rules of the Swedish legislation on the right to a more favourable calculation of basic pensions for persons residing in Sweden for a specified period preceding the date of the claim.

3.   For the purpose of establishing the entitlement to an invalidity or survivor's pension partly based on future assumed insurance periods a person shall be considered to meet the insurance and income requirements of the Swedish legislation when covered as an employed or self-employed person by an insurance or residence scheme of another Member State.

4.   Years of care of small children shall, according to prescribed conditions of the Swedish legislation, be considered as insurance periods for supplementary pension purposes even when the child and the person concerned are residing in another Member State, provided that the person taking care of the child is on parental leave under the provisions of the Law on Right to Leave for Child Rearing.’;

(iii)

the heading ‘L. UNITED KINGDOM’ is changed to ‘P. UNITED KINGDOM’;

(o)

Annex VII is replaced by the following:

‘ANNEX VII

(Article 14c (1) (b) of the Regulation)

Instances in which a person shall be simultaneously subject to the legislation of two Member States

1.   Where he is self-employed in Belgium and gainfully employed in any other Member State, except Luxembourg. For Luxembourg, the exchange of letters of 10 and 12 July 1968 between Belgium and Luxembourg shall apply.

2.   Where a person resident in Denmark is self-employed in Denmark and gainfully employed in any other Member State.

3.   For the agricultural accident insurance scheme and the old-age insurance scheme for farmers: where he is self-employed in farming in Germany and gainfully employed in any other Member State.

4.   Where a person resident in Spain is self-employed in Spain and gainfully employed in any other Member State.

5.   Where he is self-employed in France and gainfully employed in any other Member State, except Luxembourg.

6.   Where he is self-employed in farming in France and gainfully employed in Luxembourg.

7.   For the pension insurance scheme for self-employed persons: where he is self-employed in Greece and gainfully employed in any other Member State.

8.   Where he is self-employed in Italy and gainfully employed in any other Member State.

9.   Where a person resident in Norway is self-employed in Norway and gainfully employed in any other Member State.

10.   Where a person is self-employed in Austria and gainfully employed in any other Member State.

11.   Where he is self-employed in Portugal and gainfully employed in any other Member State.

12.   Where a person resident in Finland is self-employed in Finland and gainfully employed in any other Member State.

13.   Where a person resident in Sweden is self-employed in Sweden and gainfully employed in any other Member State.’.

2.   372 R 0574: Council Regulation (EEC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to their families moving within the Community (OJ No L 74, 27.3.1972, p. 1), as amended and updated by:

383 R 2001: Council Regulation (EEC) No 2001/83 of 2 June 1983 (OJ No L 230, 22.8.1983, p. 6),

and subsequently amended by:

385 R 1660: Council Regulation (EEC) No 1660/85 of 13 June 1985 (OJ No L 160, 20.6.1985, p. 1),

385 R 1661: Council Regulation (EEC) No 1661/85 of 13 June 1985 (OJ No L 160, 20.6.1985, p. 7),

185 I: Act concerning the conditions of accession and the adjustments to the Treaties — Accession to the European Communities of the Kingdom of Spain and the Portuguese Republic (OJ No L 302, 15.11.1985, p. 23),

386 R 0513: Commission Regulation (EEC) No 513/86 of 26 February 1986 (OJ No L 51, 28.2.1986, p. 44),

386 R 3811: Council Regulation (EEC) No 3811/86 of 11 December 1986 (OJ No L 355, 16.12.1986, p. 5),

389 R 1305: Council Regulation (EEC) No 1305/89 of 11 May 1989 (OJ No L 131, 13.5.1989, p. 1),

389 R 2332: Council Regulation (EEC) No 2332/89 of 18 July 1989 (OJ No L 224, 2.8.1989, p. 1),

389 R 3427: Council Regulation (EEC) No 3427/89 of 30 October 1989 (OJ No L 331, 16.11.1989, p. 1),

391 R 2195: Council Regulation (EEC) No 2195/91 of 25 June 1991 (OJ No L 206, 29.7.1991, p. 2),

392 R 1248: Council Regulation (EEC) No 1248/92 of 30 April 1992 (OJ No L 136, 19.5.1992, p. 7),

392 R 1249: Council Regulation (EEC) No 1249/92 of 30 April 1992 (OJ No L 136, 19.5.1992, p. 28),

393 R 1945: Council Regulation (EEC) No 1945/93 of 30 June 1993 (OJ No L 181, 23.7.1993, p. 1).

(a)

Annex 1 is amended as follows:

(i)

after the entry under the heading ‘J. NETHERLANDS’ insert:

‘K.   NORWAY

1.   Sosial- og helsedepartementet (Ministry of Health and Social Affairs), Oslo.

2.   Kommunal- og arbeidsdepartementet (Ministry of Local Government and Labour), Oslo.

3.   Barne- og familiedepartementet (Ministry of Children and Family Affairs), Oslo.

L.   AUSTRIA

1.   Bundesminister für Arbeit und Soziales (Federal Minister for Labour and Social Affairs), Wien.

2.   Bundesminister für Umwelt, Jugend und Familie (Federal Minister for the Environment, Youth and the Family), Wien.’;

(ii)

the heading ‘K. PORTUGAL’ is changed to ‘M. PORTUGAL’ and the following is inserted:

‘N.   FINLAND

Sosiaali- ja terveysministeriö/Social- och hälsovårdsministeriet (Ministry of Social Affairs and Health), Helsinki.

O.   SWEDEN

Regeringen (Socialdepartementet) (the Government (the Ministry of Health and Social Affairs)), Stockholm.’;

(iii)

the heading ‘L. UNITED KINGDOM’ is changed to ‘P. UNITED KINGDOM’;

(b)

Annex 2 is amended as follows:

(i)

after the entries under the heading ‘J. NETHERLANDS’ insert the following:

‘K.   NORWAY

1.   Unemployment benefits:

Arbeidsdirektoratet, Oslo, fylkesarbeidskontorene og de lokale arbeidskontorer på bostedet eller oppholdsstedet (Directorate of Labour, Oslo, the regional labour offices and the local labour offices at the place of residence or at the place of stay).

2.   All other benefits under the Norwegian National Insurance Act:

Rikstrygdeverket, Oslo, fylkestrygdekontorene og de lokale trygdekontorer på bostedet eller oppholdsstedet (National Insurance Administration, Oslo, the regional insurance offices and the local insurance offices at the place of residence or at the place of stay).

3.   Family allowances:

Rikstrygdeverket, Oslo, og de lokale trygdekontorer på bostedet eller oppholdsstedet (National Insurance Administration, Oslo, and the local insurance offices at the place of residence or at the place of stay).

4.   Pension insurance scheme for seafarers:

Pensjonstrygden for sjømenn (the Pension Insurance for Seafarers), Oslo.

L.   AUSTRIA

The competence of the Austrian institutions shall be governed by the provisions of Austrian legislation, unless otherwise specified hereinafter:

1.   Sickness insurance:

(a)

Where the person concerned is resident in the territory of another Member State and a Gebietskrankenkasse (Regional Fund for Sickness Insurance) is competent for an insurance and under Austrian legislation the local competence cannot be decided the local competence shall be determined as follows:

Gebietskrankenkasse (Regional Fund for Sickness Insurance) competent for the last employment in Austria, or

Gebietskrankenkasse (Regional Fund for Sickness Insurance) competent for the last residence in Austria, or

if there has never been an employment for which a Gebietskrankenkasse (Regional Fund for Sickness Insurance) was competent or there has never been a residence in Austria, the Wiener Gebietskrankenkasse (Regional Fund for Sickness Insurance of Vienna), Wien.

(b)

For the purpose of applying Section 5 of Chapter 1 of Part III of the Regulation in connection with Article 95 of the implementing Regulation in relation to the refund of the expenses for benefits to persons entitled to a pension under the Federal Act of 9 September 1955 on General Social Insurance (ASVG):

Hauptverband der österreichischen Sozialversicherungsträger (Main Association of Austrian Social Insurance Institutions), Wien, it being understood that the refund of the expenses shall be made from contributions for sickness insurance of the pensioners received by the said Main Association.

2.   Pension insurance:

In determining the institution responsible for paying a benefit only insurance periods under the Austrian legislation shall be taken into consideration.

3.   Unemployment insurance:

(a)

For the announcement of being unemployed:

Arbeitsamt (Employment Office) competent for the place of residence or place of stay of the person concerned.

(b)

For the issue of Forms Nos E 301, E 302 and E 303:

Arbeitsamt (Employment Office) competent for the place of employment of the person concerned.

4.   Family benefits:

(a)

Family benefits with the exception of Karenzurlaubsgeld (special maternity allowance):

Finanzamt (Finance Office).

(b)

Karenzurlaubsgeld (special maternity allowance)

Arbeitsamt (Employment Office) competent for the place of residence or place of stay of the person concerned.’;

(ii)

the heading ‘K. PORTUGAL’ is changed to ‘M. PORTUGAL’ and the following is inserted:

‘N.   FINLAND

1.   Sickness and maternity:

(a)

Cash benefits:

Kansaneläkelaitos/Folkpensionsanstalten (Social Insurance Institution), Helsinki, or

the employment fund with which the person concerned is insured;

(b)

Benefits in kind:

(i)

refunds under sickness insurance:

Kansaneläkelaitos/Folkpensionsanstalten (Social Insurance Institution), Helsinki, or

the employment fund with which the person concerned is insured

(ii)

public health and hospital service:

the local units which provide services under the scheme.

2.   Old-age, invalidity, death (pensions):

(a)

National pensions:

Kansaneläkelaitos/Folkpensionsanstalten (Social Insurance Institution), Helsinki, or

(b)

Employment pensions:

the employment pension institution which grants and pays the pensions.

3.   Accidents at work, occupational diseases:

the insurance institution which is responsible for the accident insurance of the person concerned.

4.   Death grants:

Kansaneläkelaitos/Folkpensionsanstalten (Social Insurance Institution), Helsinki, or

the insurance institution which is responsible for paying the benefits in case of accident insurance.

5.   Unemployment:

(a)

Basic scheme:

Kansaneläkelaitos/Folkpensionsanstalten (Social Insurance Institution), Helsinki; or

(b)

Earnings-related scheme:

the competent unemployment fund.

6.   Family benefits:

Kansaneläkelaitos/Folkpensionsanstalten (Social Insurance Institution), Helsinki.

O.   SWEDEN

1.   For all contingencies except unemployment benefits:

(a)

As a general rule:

the social insurance office with which the person concerned is insured.

(b)

For mariners not resident in Sweden:

Göteborgs allmänna försäkringskassa, Sjöfartskontoret (Social Insurance Office of Gothenburg, Mariners' Section).

(c)

For the purpose of applying Articles 35 to 59 of the implementing Regulation for persons not resident in Sweden:

Stockholms läns allmänna försäkringskassa, utlandsavdelningen (Social Insurance Office of Stockholm, Foreign Division).

(d)

For the purpose of applying Articles 60 to 77 of the implementing Regulation for persons, with the exception of mariners not resident in Sweden:

the social insurance office of the place where the accident at work or the occupational disease occurred or appeared, or

Stockholms läns allmänna försäkringskassa, utlandsavdelningen (Social Insurance Office of Stockholm, Foreign Division).

2.   For unemployment benefits:

Arbetsmarknadsstyrelsen (National Labour Market Board).’;

(iii)

the heading ‘L. UNITED KINGDOM’ is changed to ‘P. UNITED KINGDOM’;

(c)

Annex 3 is amended as follows:

(i)

after the entries under the heading ‘J. NETHERLANDS’ insert the following:

‘K.   NORWAY

De lokale arbeidskontorer og trygdekontorer på bostedet eller oppholdsstedet (the local labour and insurance offices of the place of residence or the place of stay).

L.   AUSTRIA

1.   Sickness insurance:

(a)

In all cases, except for the application of Articles 27 and 29 of the Regulation and of Articles 30 and 31 of the implementing Regulation in relation to the institution of the place of residence of a pensioner mentioned in Article 27 of the Regulation:

Gebietskrankenkasse (Regional Fund for Sickness Insurance) competent for the place of residence or place of stay of the person concerned.

(b)

For the application of Articles 27 and 29 of the Regulation and of Articles 30 and 31 of the implementing Regulation in relation to the institution of the place of residence of a pensioner mentioned in Article 27 of the Regulation:

the competent institution.

2.   Pension insurance:

(a)

If the person concerned has been subject to the Austrian legislation with the exception of the application of Article 53 of the implementing Regulation:

the competent institution.

(b)

In all other cases with the exception of the application of Article 53 of the implementing Regulation:

Pensionsversicherungsanstalt der Angestellten (Pension Insurance Institution for Employees), Wien.

(c)

For the purpose of applying Article 53 of the implementing Regulation:

Hauptverband der österreichischen Sozialversicherungsträger (Main Association of Austrian Social Insurance Institutions), Wien.

3.   Accident insurance:

(a)

Benefits in kind:

Gebietskrankenkasse (Regional Fund for Sickness Insurance) competent for the place of residence or place of stay of the person concerned;

or Allgemeine Unfallversicherungsanstalt (General Accident Insurance Institution), Wien, may grant the benefits.

(b)

Benefits in cash:

(i)

In all cases with the exception of the application of Article 53 in connection with Article 77 of the implementing Regulation:

Allgemeine Unfallversicherungsanstalt (General Accident Insurance Institution), Wien.

(ii)

For the purpose of applying Article 53 in connection with Article 77 of the implementing Regulation:

Hauptverband der österreichischen Sozialversicherungsträger (Main Association of Austrian Social Insurance Institutions), Wien.

4.   Unemployment insurance:

Arbeitsamt (Employment Office) competent for the place of residence or place of stay of the person concerned.

5.   Family benefits:

(a)

Family benefits with the exception of Karenzurlaubsgeld (special maternity allowance):

Finanzamt (Finance Office) competent for the place of residence or place of stay of the beneficiary.

(b)

Karenzurlaubsgeld (special maternity allowance):

Arbeitsamt (Employment Office) competent for the place of residence or place of stay of the person concerned.’;

(ii)

the heading ‘K. PORTUGAL’ is changed to ‘M. PORTUGAL’ and the following is inserted:

‘N.   FINLAND

1.   Sickness and maternity:

(a)

Cash benefits:

Kansaneläkelaitos/Folkpensionsanstalten (Social Insurance Institution), Helsinki; or

(b)

Benefits in kind:

(i)

refunds under sickness insurance:

Kansaneläkelaitos/Folkpensionsanstalten (Social Insurance Institution), Helsinki, or

(ii)

public health and hospital service:

the local units which provide services under the scheme.

2.   Old-age, invalidity, death (pensions):

(a)

National pensions:

Kansaneläkelaitos/Folkpensionsanstalten (Social Insurance Institution), Helsinki, or

(b)

Employment pensions:

Eläketurvakeskus/Pensionsskyddscentralen (Central Pension insurance Institute), Helsinki

3.   Death grants:

General death grants:

Kansaneläkelaitos/Folkpensionsanstalten (Social Insurance Institution), Helsinki.

4.   Unemployment:

(a)

Basic scheme:

Kansaneläkelaitos/Folkpensionsanstalten (Social Insurance Institution), Helsinki.

(b)

Earnings-related scheme:

(i)

In the case of Article 69: Kansaneläkelaitos — Folkpensionsanstalten (Social Insurance Institution), Helsinki.

(ii)

in other cases:

the competent unemployment fund with which the person concerned is insured.

5.   Family benefits:

Kansaneläkelaitos/Folkpensionsanstalten (Social Insurance Institution), Helsinki.

O.   SWEDEN

1.   For all contingencies except unemployment benefits:

the social insurance office of the place of residence or place of stay.

2.   For unemployment benefits:

the county labour board of the place of residence or place of stay.’;

(iii)

the heading ‘L. UNITED KINGDOM’ is changed to ‘P. UNITED KINGDOM’;

(d)

Annex 4 is amended as follows:

(i)

after the entries under the heading ‘J. NETHERLANDS’ the following is inserted:

‘K.   NORWAY

1.   Unemployment benefits:

Arbeidsdirektoratet (Directorate of Labour), Oslo.

2.   In all other cases:

Rikstrygdeverket (National Insurance Administration), Oslo.

L.   AUSTRIA

1.   Sickness, accident and pension insurance:

Hauptverband der österreichischen Sozialversicherungsträger (Main Association of Austrian Insurance Institutions), Wien.

2.   Unemployment insurance:

(a)

Dealing with Germany:

Landesarbeitsamt Salzburg (Provincial Employment Office Salzburg), Salzburg.

(b)

In all other cases:

Landesarbeitsamt Wien (Provincial Employment Office Vienna), Wien.

3.   Family benefits:

(a)

Family benefits with the exception of Karenzurlaubsgeld (special maternity allowance):

Bundesministerium für Umwelt, Jugend und Familie (Federal Ministry for the Environment, Youth and the Family), Wien.

(b)

Karenzurlaubsgeld (special maternity allowance):

Landesarbeitsamt Wien (Provincial Employment Office Vienna), Wien.’;

(ii)

the heading ‘K. PORTUGAL’ is changed to ‘M. PORTUGAL’ and the following is inserted:

‘N.   FINLAND

1.   Sickness and maternity insurance, national pensions, family benefits, unemployment benefits and death grants:

Kansaneläkelaitos/Folkpensionsanstalten (Social Insurance Institution), Helsinki.

2.   Employment pensions:

Eläketurvakeskus/Pensionsskyddscentralen (Central Pension Insurance Institute), Helsinki.

3.   Accidents at work, occupational diseases:

Tapaturmavakuutuslaitosten Liitto/Olyckfallsförsäkringsanstalternas Förbund (Federation of Accident Insurance Institutions), Helsinki.

O.   SWEDEN

1.   For all contingencies except unemployment benefits:

Riksförsäkringsverket (National Social Insurance Board).

2.   For unemployment benefits:

Arbetsmarknadsstyrelsen (National Labour Market Board).’;

(iii)

the heading ‘L. UNITED KINGDOM’ is changed to ‘P. UNITED KINGDOM’;

(e)

Annex 5 is amended as follows:

(i)

after the entries under the heading ‘9. BELGIUM—NETHERLANDS’ insert the following:

‘10.   BELGIUM—NORWAY

Does not apply.

11.   BELGIUM—AUSTRIA

None.’;

(ii)

the heading ‘10. BELGIUM—PORTUGAL’ is changed to ‘12. BELGIUM—PORTUGAL’ and the following is inserted:

‘13.   BELGIUM—FINLAND

Does not apply.

14.   BELGIUM—SWEDEN

Does not apply.’;

(iii)

the heading ‘11. BELGIUM—UNITED KINGDOM’ is changed to ‘15. BELGIUM—UNITED KINGDOM’ and the subsequent headings are renumbered as follows:

‘16.   

DENMARK—GERMANY’

‘17.   

DENMARK—SPAIN’

‘18.   

DENMARK—FRANCE’

‘19.   

DENMARK—GREECE’

‘20.   

DENMARK—IRELAND’

‘21.   

DENMARK—ITALY’

‘22.   

DENMARK—LUXEMBOURG’

‘23.   

DENMARK—NETHERLANDS’;

(iv)

after the entry under the heading ‘23. DENMARK—NETHERLANDS’ the following is inserted:

‘24.   DENMARK—NORWAY

Article 23 of the Nordic Convention on social security of 15 June 1992: agreement on the reciprocal waiver of refunds pursuant to Articles 36 (3), 63 (3) and 70 (3) of the Regulation (costs of benefits in kind in respect of sickness and maternity, accidents at work and occupational diseases, and unemployment benefits) and Article 105 (2) of the implementing Regulation (costs of administrative checks and medical examinations).

25.   DENMARK—AUSTRIA

None.’;

(v)

the heading ‘20. DENMARK—PORTUGAL’ is changed to ‘26. DENMARK—PORTUGAL’ and the following is inserted:

‘27.   DENMARK—FINLAND

Article 23 of the Nordic Convention on social security of 15 June 1992: agreement on the reciprocal waiver of refunds pursuant to Articles 36 (3), 63 (3) and 70 (3) of the Regulation (costs of benefits in kind in respect of sickness and maternity, accidents at work and occupational diseases, and unemployment benefits) and Article 105 (2) of the implementing Regulation (costs of administrative checks and medical examinations).

28.   DENMARK—SWEDEN

Article 23 of the Nordic Convention on social security of 15 June 1992: agreement on the reciprocal waiver of refunds pursuant to Articles 36 (3), 63 (3) and 70 (3) of the Regulation (costs of benefits in kind in respect of sickness and maternity, accidents at work and occupational diseases, and unemployment benefits) and Article 105 (2) of the implementing Regulation (costs of administrative checks and medical examinations).’;

(vi)

the heading ‘21.’ DENMARK—UNITED KINGDOM is changed to ‘29.’ DENMARK—UNITED KINGDOM and the subsequent headings are renumbered as follows:

‘30.   

GERMANY—SPAIN’

‘31.   

GERMANY—FRANCE’

‘32.   

GERMANY—GREECE’

‘33.   

GERMANY—IRELAND’

‘34.   

GERMANY—ITALY’

‘35.   

GERMANY—LUXEMBOURG’

‘36.   

GERMANY—NETHERLANDS’

(vii)

after the entries under the heading ‘36. GERMANY—NETHERLANDS’ the following is inserted:

‘37.   GERMANY—NORWAY

Does not apply.

38.   GERMANY—AUSTRIA

Section II, Number 1, and Section III of the Arrangement of 2 August 1979 on the implementation of the Convention on unemployment insurance of 19 July 1978.’;

(viii)

the heading ‘29. GERMANY—PORTUGAL’ is changed to ‘39. GERMANY—PORTUGAL’ and the following is inserted:

‘40.   GERMANY—FINLAND

None.

41.   GERMANY—SWEDEN

None.’;

(ix)

the heading ‘30. GERMANY—UNITED KINGDOM’ is changed to ‘42. GERMANY—UNITED KINGDOM’ and the subsequent headings are renumbered as follows:

‘43.   

SPAIN—FRANCE’

‘44.   

SPAIN—GREECE’

‘45.   

SPAIN—IRELAND’

‘46.   

SPAIN—ITALY’

‘47.   

SPAIN—LUXEMBOURG’

‘48.   

SPAIN—NETHERLANDS’;

(x)

after the entry under the heading ‘48. SPAIN—NETHERLANDS’ the following is inserted:

‘49.   SPAIN—NORWAY

Does not apply.

50.   SPAIN—AUSTRIA

None.’;

(xi)

the heading ‘37. SPAIN—PORTUGAL’ is changed to ‘51. SPAIN—PORTUGAL’ and the following is inserted:

‘52.   SPAIN—FINLAND

None.

53.   SPAIN—SWEDEN

None.’;

(xii)

the heading ‘38. SPAIN—UNITED KINGDOM’ is changed to ‘54. SPAIN—UNITED KINGDOM’ and the subsequent headings are renumbered as follows:

‘55.   

FRANCE—GREECE’

‘56.   

FRANCE—IRELAND’

‘57.   

FRANCE—ITALY’

‘58.   

FRANCE—LUXEMBOURG’

‘59.   

FRANCE—NETHERLANDS’;

(xiii)

after the entries under the heading ‘59. FRANCE—NETHERLANDS’ the following is inserted:

‘60.   FRANCE—NORWAY

None.

61.   FRANCE—AUSTRIA

None.’;

(xiv)

the heading ‘44. FRANCE—PORTUGAL’ is changed to ‘62. FRANCE—PORTUGAL’ and the subsequent headings are renumbered as follows:

‘63.   

FRANCE—UNITED KINGDOM’

‘64.   

GREECE—IRELAND’

‘65.   

GREECE—ITALY’

‘66.   

GREECE—LUXEMBOURG’

‘67.   

GREECE—NETHERLANDS’;

(xv)

after the entry under the heading ‘67. GREECE—NETHERLANDS’ the following is inserted:

‘68.   GREECE—NORWAY

None.

69.   GREECE—AUSTRIA

None.’;

(xvi)

the heading ‘50. GREECE—PORTUGAL’ is changed to ‘70. GREECE—PORTUGAL’ and the following is inserted:

‘71.   GREECE—FINLAND

None.

72.   GREECE—SWEDEN

None.’;

(xvii)

the heading ‘51. GREECE—UNITED KINGDOM’ is changed to ‘73. GREECE—UNITED KINGDOM’ and the subsequent headings are renumbered as follows:

‘74.   

IRELAND—ITALY’

‘75.   

IRELAND—LUXEMBOURG’

‘76.   

IRELAND—NETHERLANDS’;

(xviii)

after the entry under the heading ‘76. IRELAND—NETHERLANDS’ the following is inserted:

‘77.   IRELAND—NORWAY

Does not apply.

78.   IRELAND—AUSTRIA

None.’;

(xix)

the heading ‘55. IRELAND—PORTUGAL’ is changed to ‘79. IRELAND—PORTUGAL’ and the following is inserted:

‘80.   IRELAND—FINLAND

Does not apply.

81.   IRELAND—SWEDEN

Does not apply.’;

(xx)

the heading ‘56. IRELAND—UNITED KINGDOM’ is changed to ‘82. IRELAND—UNITED KINGDOM’ and the subsequent headings are renumbered as follows:

‘83.   

ITALY—LUXEMBOURG'

84.   

ITALY—NETHERLANDS’;

(xxi)

after the entry under the heading ‘84. ITALY—NETHERLANDS’ the following is inserted:

‘85.   ITALY—NORWAY

None.

86.   ITALY—AUSTRIA

None.’;

(xxii)

the heading ‘59. ITALY—PORTUGAL’ is changed to ‘87. ITALY—PORTUGAL’ and the following is inserted:

‘88.   ITALY—FINLAND

Does not apply.

89.   ITALY—SWEDEN

None.’;

(xxiii)

the headings ‘60. ITALY—UNITED KINGDOM’ and ‘61. LUXEMBOURG—NETHERLANDS’ are changed to ‘90. ITALY—UNITED KINGDOM’ and ‘91. LUXEMBOURG—NETHERLANDS’ and the following is inserted:

‘92.   LUXEMBOURG—NORWAY

Does not apply.

93.   LUXEMBOURG—AUSTRIA

None.’;

(xxiv)

the heading ‘62. LUXEMBOURG—PORTUGAL’ is changed to ‘94. LUXEMBOURG—PORTUGAL’ and the following is inserted:

‘95.   LUXEMBOURG—FINLAND

Reimbursement — arrangement of 24 February 1994 under Articles 36 (3) and 63 (3) of the Regulation.

96.   LUXEMBOURG—SWEDEN

None.’;

(xxv)

the heading ‘61. LUXEMBOURG—UNITED KINGDOM’ is changed to ‘97. LUXEMBOURG—UNITED KINGDOM’ and the following is inserted:

‘98.   NETHERLANDS—NORWAY

None.

99.   NETHERLANDS—AUSTRIA

Agreement of 17 November 1993 on the refund of social security costs.’;

(xxvi)

the heading ‘64. NETHERLANDS—PORTUGAL’ is changed to ‘100. NETHERLANDS—PORTUGAL’ and the following is inserted:

‘101.   NETHERLANDS—FINLAND

Reimbursement — arrangement of 26 January 1994 under Articles 36 (3) and 63 (3) of the Regulation.

102.   NETHERLANDS—SWEDEN

None.’;

(xxvii)

the heading ‘65. NETHERLANDS—UNITED KINGDOM’ is changed to ‘103. NETHERLANDS—UNITED KINGDOM’ and the following is inserted:

‘104.   NORWAY—AUSTRIA

None.

105.   NORWAY—PORTUGAL

None.

106.   NORWAY—FINLAND

Article 23 of the Nordic Convention on social security of 15 June 1992: agreement on the reciprocal waiver of refunds pursuant to Articles 36 (3), 63 (3) and 70 (3) of the Regulation (costs of benefits in kind in respect of sickness and maternity, accidents at work and occupational diseases, and unemployment benefits) and Article 105 (2) of the implementing Regulation (costs of administrative checks and medical examinations).

107.   NORWAY—SWEDEN

Article 23 of the Nordic Convention on social security of 15 June 1992: agreement on the reciprocal waiver of refunds pursuant to Articles 36 (3), 63 (3) and 70 (3) of the Regulation (costs of benefits in kind in respect of sickness and maternity, accidents at work and occupational diseases, and unemployment benefits) and Article 105 (2) of the implementing Regulation (costs of administrative checks and medical examinations).

108.   NORWAY—UNITED KINGDOM

Article 7 (3) of the Administrative Agreement of 28 August 1990 on the implementation of the Convention on social security

109.   AUSTRIA—PORTUGAL

None.

110.   AUSTRIA—FINLAND

None.

111.   AUSTRIA—SWEDEN

Arrangement of 22 December 1993 on the reimbursement of costs in the field of social security.

112.   AUSTRIA—UNITED KINGDOM

(a)

Article 18 (1) and (2) of the Arrangement of 10 November 1980 for the implementation of the Convention on social security of 22 July 1980 as amended by Supplementary Arrangements No 1 of 26 March 1986 and No 2 of 4 June 1993 with regard to persons who cannot claim treatment under Chapter 1 of Title III of the Regulation;

(b)

Article 18 (1) of the said Arrangement with regard to persons who can claim treatment under Chapter 1 of Title III of the Regulation on the understanding that for Austrian nationals resident in the territory of Austria and for nationals of the United Kingdom resident in the territory of the United Kingdom (with the exception of Gibraltar) the relevant passport shall replace the form E 111 for all benefits covered by that form.

113.   PORTUGAL—FINLAND

Does not apply.

114.   PORTUGAL—SWEDEN

None.’;

(xxviii)

the heading ‘66. PORTUGAL—UNITED KINGDOM’ is changed to ‘115. PORTUGAL—UNITED KINGDOM’ and the following is inserted:

‘116.   FINLAND—SWEDEN

Article 23 of the Nordic Convention on social security of 15 June 1992: agreement on the reciprocal waiver of refunds pursuant to Articles 36 (3), 63 (3) and 70 (3) of the Regulation (costs of benefits in kind in respect of sickness and maternity, accidents at work and occupational diseases, and unemployment benefits) and Article 105(2) of the implementing Regulation (costs of administrative checks and medical examinations).

117.   FINLAND—UNITED KINGDOM

None.

118.   SWEDEN—UNITED KINGDOM

None.’;

(f)

Annex 6 is amended as follows:

(i)

after the entries under the heading ‘J. NETHERLANDS’ insert the following:

‘K.   NORWAY

Direct payment.

L.   AUSTRIA

Direct payment.’;

(ii)

the heading ‘K. PORTUGAL’ is changed to ‘M. PORTUGAL’ and the following is inserted:

‘N.   FINLAND

Direct payment.

O.   SWEDEN

Direct payment.’;

(iii)

the heading ‘L. UNITED KINGDOM’ is changed to ‘P. UNITED KINGDOM’;

(g)

Annex 7 is amended as follows:

(i)

after the entry under the heading ‘J. NETHERLANDS’ insert the following:

‘K.   NORWAY

Sparebanken NOR (The Savings Bank NOR), Oslo.

L.   AUSTRIA

Österreichische Nationalbank (National Bank of Austria), Wien.’;

(ii)

the heading ‘K. PORTUGAL’ is changed to ‘M. PORTUGAL’ and the following is inserted:

‘N.   FINLAND

Postipankki Oy, Helsinki/Postbanken Ab, Helsingfors (Postipankki, Ltd., Helsinki).

O.   SWEDEN

None.’;

(iii)

the heading ‘L. UNITED KINGDOM’ is changed to ‘P. UNITED KINGDOM’;

(h)

Annex 8 is replaced by the following:

‘ANNEX 8

GRANT OF FAMILY BENEFITS

(Articles 4 (8), 10a (1) (d) and 122 of the implementing Regulation)

Article 10a (1) (d) of the implementing Regulation is applicable to:

A.   Employed persons and self-employed persons

(a)

with a reference period of one calendar month in dealings between:

Belgium and Germany,

Belgium and Spain,

Belgium and France,

Belgium and Greece,

Belgium and Ireland,

Belgium and Luxembourg,

Belgium and Norway,

Belgium and Austria,

Belgium and Portugal,

Belgium and Finland,

Belgium and Sweden,

Belgium and the United Kingdom,

Germany and Spain,

Germany and France,

Germany and Greece,

Germany and Ireland,

Germany and Luxembourg,

Germany and Norway,

Germany and Austria,

Germany and Finland,

Germany and Sweden,

Germany and the United Kingdom,

Spain and Norway,

Spain and Austria,

Spain and Finland,

Spain and Sweden,

France and Luxembourg,

France and Norway,

France and Austria,

France and Finland,

France and Sweden,

Ireland and Norway,

Ireland and Austria,

Ireland and Sweden,

Luxembourg and Norway,

Luxembourg and Austria,

Luxembourg and Finland,

Luxembourg and Sweden,

the Netherlands and Norway,

the Netherlands and Austria,

the Netherlands and Finland,

the Netherlands and Sweden,

Norway and Austria,

Norway and Portugal,

Norway and Finland,

Norway and Sweden,

Norway and the United Kingdom,

Austria and Portugal,

Austria and Finland,

Austria and Sweden,

Austria and the United Kingdom,

Portugal and France,

Portugal and Ireland,

Portugal and Luxembourg,

Portugal and Finland,

Portugal and Sweden,

Portugal and the United Kingdom,

Finland and Sweden,

Finland and the United Kingdom,

Sweden and the United Kingdom.

(b)

with a reference period of a quarter of a calendar year in dealings between:

Denmark and Germany, Norway

the Netherlands and Germany, Denmark, France, Luxembourg, Portugal.

B.   Self-employed persons

With a reference period of a quarter of a calendar year in dealings between:

Belgium and the Netherlands.

C.   Employed persons

With a reference period of one calendar month in dealings between:

Belgium and the Netherlands.’;

(i)

Annex 9 is amended as follows:

(i)

after the entries under the heading ‘J. NETHERLANDS’ insert the following:

‘K.   NORWAY

The average annual cost of benefits in kind shall be calculated by taking into consideration the benefits provided under Chapter 2 of the National Insurance Act (Act 17 June 1966 No 12), under the Act of 19 November 1982 No 86 on Municipal Health Care, under the Act of 19 June 1969 No 57 on Hospitals and the Act of 28 April 1961 No 2 on Mental Health Care.

L.   AUSTRIA

The average annual cost of benefits in kind shall be calculated by taking into consideration the benefits provided by the Gebietskrankenkassen (Regional Funds for Sickness Insurance).’;

(ii)

the heading ‘K. PORTUGAL’ is changed to ‘M. PORTUGAL’ and the following is inserted:

‘N.   FINLAND

The average annual cost of benefits in kind shall be calculated by taking into account the schemes of public health and hospital services and the refunds under the sickness insurance and rehabilitation services provided by Kansaneläkelaitos/Folkpensionsanstalten (Social Insurance Institution), Helsinki.

O.   SWEDEN

The annual average cost of benefits in kind is calculated by taking into consideration the benefits provided under the national social insurance scheme.’;

(iii)

the heading ‘L. UNITED KINGDOM’ is changed to ‘P. UNITED KINGDOM’;

(j)

Annex 10 is amended as follows:

(i)

after the entries under the heading ‘J. NETHERLANDS’ the following is inserted:

‘K.   NORWAY

1.   For the purpose of applying Articles 14 (1) (a) and (b) of the Regulation, Article 11 (1) (a) and (2) of the implementing Regulation when the work is carried out outside Norway, and Article 14a (1) (b):

Folketrygdkontoret for utenlandssaker (National Insurance Office for Social Insurance Abroad), Oslo.

2.   For the purpose of applying Article 14a (1) (a) if the work is carried out in Norway:

The local insurance office in the municipality where the person concerned is resident.

3.   For the purpose of applying Article 14 (1) (a) of the Regulation, if the person concerned is posted in Norway:

The local insurance office in the municipality where the employer's representative is registered in Norway, and if the employer has no representative in Norway, the local insurance office in the municipality where the work is carried out.

4.   For the pu