Article 39
If there are serious shortcomings or any imminent risks of such
shortcomings in the transposition, state of implementation, or
the application of the framework decisions or any other
relevant commitments, instruments of cooperation and
decisions relating to mutual recognition in the area of
criminal law under Title VI of the EU Treaty and Directives
and Regulations relating to mutual recognition in civil matters
under Title IV of the EC Treaty in a new Member State, the
Commission may, until the end of a period of up to three years
after the date of entry into force of this Act, upon motivated
request of a Member State or on its own initiative and after
consulting the Member States, take appropriate measures and
specify the conditions and modalities under which these
measures are put into effect.
These measures may take the form of temporary suspension of
the application of relevant provisions and decisions in the
relations between a new Member State and any other
Member State or Member States, without prejudice to the
continuation of close judicial cooperation. The safeguard
clause may be invoked even before accession on the basis of
the monitoring findings and enter into force as of the date of
accession. The measures shall be maintained no longer than
strictly necessary, and, in any case, will be lifted when the
shortcomings are remedied. They may however be applied
beyond the period specified in the first paragraph as long as
these shortcomings persist. In response to progress made by
the new Member State concerned in rectifying the identified
shortcomings, the Commission may adapt the measures as
appropriate
after
consulting
the
Member
States.
The
Commission will inform the Council in good time before
revoking safeguard measures, and it will take duly into
account any observations of the Council in this respect.
Article 40
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 Annexes V
to XIV shall not lead to border controls between Member
States.
Article 41
If transitional measures are necessary to facilitate the transition
from the existing regime in the new Member States to that
resulting from the application of the common agricultural
policy under the conditions set out in this Act, such
measures shall be adopted by the Commission in accordance
with the procedure referred to in Article 42(2) of Council
Regulation (EC) No 1260/2001 on the common organisation
of the markets in the sugar sector (
1
), or as appropriate, in the
corresponding Articles of the other Regulations on the
common organisation of agricultural markets or the relevant
committee procedure as determined in the applicable legis-
lation. The transitional measures referred to in this Article
may be taken during a period of three years following the
date of accession and their application shall be limited to
that period. The Council, acting unanimously on a proposal
from the Commission and after consulting the European
Parliament, may extend this period.
The transitional measures relating to implementation of the
instruments concerning the common agricultural policy not
specified in this Act which are required as a result of
accession shall be adopted prior to the date of accession by
the Council acting by a qualified majority on a proposal from
the Commission or, where they affect instruments initially
adopted by the Commission, they shall be adopted by the
Commission in accordance with the procedure required for
adopting the instruments in question.
Article 42
If transitional measures are necessary to facilitate the transition
from the existing regime in the new Member States to that
resulting from the application of the Community veterinary
and phytosanitary rules, such measures shall be adopted by
the Commission in accordance with the relevant committee
procedure as determined in the applicable legislation. These
measures shall be taken during a period of three years
following the date of accession and their application shall be
limited to that period.
PART FIVE
PROVISIONS RELATING TO THE IMPLEMENTATION OF THIS ACT
TITLE I
SETTING UP OF THE INSTITUTIONS AND BODIES
Article 43
The European Parliament shall make such adaptations to its
Rules of Procedure as are rendered necessary by accession.
Article 44
The Council shall make such adaptations to its Rules of
Procedure as are rendered necessary by accession.
Article 45
1.
Any State which accedes to the Union shall be entitled to
have one of its nationals as a member of the Commission.
EN
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Official Journal of the European Union
23.9.2003
(
1
) OJ L 178, 30.6.2001, p. 1.
2.
Notwithstanding the second subparagraph of Article
213(1), the first subparagraph of Article 214(1), Article
214(2) of the EC Treaty and the first subparagraph of Article
126 of the Euratom Treaty:
(a) a national of each new Member State shall be appointed to
the Commission as from the date of its accession. The new
Members of the Commission shall be appointed by the
Council, acting by qualified majority and by common
accord with the President of the Commission,
(b) the term of office of the Members of the Commission
appointed pursuant to (a) as well as of those who were
appointed as from 23 January 2000 shall expire on 31
October 2004,
(c) a new Commission composed of one national of each
Member State shall take up its duties on 1 November
2004; the term of office of the Members of this new
Commission shall expire on 31 October 2009,
(d) the date of 1 November 2004 is substituted for the date of
1 January 2005 in Article 4(1) of the Protocol on the
enlargement of the European Union annexed to the EU
Treaty and to the Treaties establishing the European
Communities.
3.
The Commission shall make such changes to its Rules of
Procedure as are rendered necessary by accession.
Article 46
1.
Ten judges shall be appointed to the Court of Justice and
ten judges shall be appointed to the Court of First Instance.
2. (a) The term of office of five of the judges of the Court of
Justice appointed in accordance with paragraph 1 shall
expire on 6 October 2006. Those judges shall be chosen
by lot. The term of office of the other judges shall expire
on 6 October 2009.
(b) The term of office of five of the judges of the Court of
First Instance appointed in accordance with paragraph 1
shall expire on 31 August 2004. Those judges shall be
chosen by lot. The term of office of the other judges
shall expire on 31 August 2007.
3. (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
approval of the Council, acting by a qualified majority.
4.
For the purpose of judging cases pending before the
Courts on the date of accession 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 the day preceding the
date of accession.
Article 47
The Court of Auditors shall be enlarged by the appointment of
ten additional members for a term of office of six years.
Article 48
The Economic and Social Committee shall be enlarged by the
appointment of 95 members representing the various
economic and social components of organised civil society 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 49
The Committee of the Regions shall be enlarged by the
appointment of 95 members representing regional and local
bodies in the new Member States, who either hold a regional
or local authority electoral mandate or are politically
accountable to an elected assembly. 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 50
1.
The terms of office of the present members of the
Scientific and Technical Committee under Article 134(2) of
the Euratom Treaty shall expire on the date of entry into
force of this Act.
2.
Upon accession the Council shall appoint the new
Members of the Scientific and Technical Committee in
accordance with the procedure laid down in Article 134(2)
of the Euratom Treaty.
EN
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