(d) with regard to Article 34(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 205(2) of the Treaty establishing the
European Community, and for their adoption acts of the
Council shall require at least 88 votes in favour, cast by at
least two-thirds of the members.
2.
In the event that fewer than ten new Member States
accede to the Union, the threshold for the qualified majority
for the period until 31 October 2004 shall be fixed by Council
decision so as to correspond as closely as possible to 71,26 %
of the total number of votes.
Article 27
1.
The revenue designated as ‘Common Customs Tariff
duties and other duties’ referred to in Article 2(1)(b) of
Council Decision 2000/597/EC, Euratom on the system of
the European Communities' own resources (
1
), or the corre-
sponding 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 the new Member
States' trade with third countries.
2.
For the year 2004, the harmonised VAT assessment base
and the GNI (gross national income) base of each new Member
State, referred to in Article 2(1)(c) and (d) of Council Decision
2000/597/EC, Euratom shall be equal to two-thirds of the
annual base. The GNI base of each new Member State to be
taken into account for the calculation of the financing of the
correction in respect of budgetary imbalances granted to the
United Kingdom, referred to in Article 5(1) of Council Decision
2000/597/EC, shall likewise be equal to two-thirds of the
annual base.
3.
For the purposes of determining the frozen rate for 2004
according to Article 2(4)(b) of Council Decision 2000/597/EC,
Euratom the capped VAT bases of the new Member States shall
be calculated on the basis of two-thirds of their uncapped VAT
base and two-thirds of their GNI.
Article 28
1.
The general budget of the European Communities for the
financial year 2004 shall be adapted to take into account the
accession of the new Member States through an amending
budget that shall enter into effect on 1 May 2004.
2.
The twelve monthly twelfths of VAT and GNI-based
resources to be paid by the new Member States under this
amending budget, as well as the retroactive adjustment of the
monthly twelfths for the period January-April 2004 that only
apply to the present Member States, shall be converted into
eighths to be called during the period May-December 2004.
The retroactive adjustments that result from any subsequent
amending budget adopted in 2004 shall likewise be
converted into equal parts to be called during the remainder
of the year.
Article 29
On the first working day of each month the Community shall
pay the Czech Republic, Cyprus, Malta and Slovenia, as an item
of expenditure under the general budget of the European
Communities, one eighth in 2004, as of the date of accession,
and one twelfth in 2005 and 2006 of the following amounts of
temporary budgetary compensation:
(EUR million, 1999 prices)
2004
2005
2006
Czech Republic
125,4
178,0
85,1
Cyprus
68,9
119,2
112,3
Malta
37,8
65,6
62,9
Slovenia
29,5
66,4
35,5
Article 30
On the first working day of each month the Community shall
pay the Czech Republic, Estonia, Cyprus, Latvia, Lithuania,
Hungary, Malta, Poland, Slovenia and Slovakia, as an item of
expenditure under the general budget of the European
Communities, one eighth in 2004, as of the date of accession,
and one twelfth in 2005 and 2006 of the following amounts of
a special lump-sum cash-flow facility:
(EUR million, 1999 prices)
2004
2005
2006
Czech Republic
174,7
91,55
91,55
Estonia
15,8
2,9
2,9
Cyprus
27,7
5,05
5,05
Latvia
19,5
3,4
3,4
Lithuania
34,8
6,3
6,3
Hungary
155,3
27,95
27,95
Malta
12,2
27,15
27,15
Poland
442,8
550,0
450,0
Slovenia
65,4
17,85
17,85
Slovakia
63,2
11,35
11,35
EUR 1 billion for Poland and EUR 100 million for the Czech
Republic included in the special lump-sum cash-flow facility
shall be taken into account for any calculations on the
distribution of structural funds for the years 2004-2006.
EN
23.9.2003
Official Journal of the European Union
41
(
1
) OJ L 253, 7.10.2000, p. 42.
Article 31
1.
The new Member States listed below shall pay the
following amounts to the Research Fund for Coal and Steel
referred to in Decision 2002/234/ECSC of the Representatives
of the Governments of the Member States, meeting within the
Council, of 27 February 2002 on the financial consequences of
the expiry of the ECSC Treaty and on the Research Fund for
Coal and Steel (
1
):
(EUR million, current prices)
Czech Republic
39,88
Estonia
2,5
Latvia
2,69
Hungary
9,93
Poland
92,46
Slovenia
2,36
Slovakia
20,11
2.
The contributions to the Research Fund for Coal and
Steel shall be made in four instalments starting in 2006 and
paid as follows, in each case on the first working day of the
first month of each year:
2006: 15 %
2007: 20 %
2008: 30 %
2009: 35 %.
Article 32
1.
Save as otherwise provided for in this Treaty, no financial
commitments shall be made under the Phare programme (
2
),
the
Phare
Cross-Border
Cooperation
programme (
3
),
pre-accession funds for Cyprus and Malta (
4
), the ISPA
programme (
5
) and the SAPARD programme (
6
) in favour of
the new Member States after 31 December 2003. The new
Member States shall receive the same treatment as the
present Member States as regards expenditure under the first
three Headings of the financial perspective, as defined in the
Interinstitutional Agreement of 6 May 1999 (
7
), as from 1
January 2004, subject to the individual specifications and
exceptions below or as otherwise provided for in this Treaty.
The maximum additional appropriations for headings 1, 2, 3
and 5 of the Financial Perspective related to enlargement are
set out in Annex XV. However, no financial commitment under
the 2004 budget for any programme or agency concerned may
be made before the accession of the relevant new Member State
has taken place.
2.
Paragraph 1 shall not apply to expenditure under the
European
Agricultural
Guidance
and
Guarantee
Fund,
Guarantee Section, according to Articles 2(1), 2(2), and 3(3)
of Council Regulation (EC) No 1258/1999 on the financing of
the common agricultural policy (
8
), which will become eligible
for Community funding only from the date of accession, in
accordance with Article 2 of this Act.
However, paragraph 1 of this Article shall apply to expenditure
for rural development under the European Agricultural
Guidance and Guarantee Fund, Guarantee Section, according
to Article 47a of Council Regulation (EC) No 1257/1999 on
support for rural development from the European Agricultural
Guidance and Guarantee Fund (EAGGF) and amending and
repealing certain regulations (
9
), subject to the conditions set
out in the amendment of that Regulation in Annex II to this
Act.
3.
Subject to the last sentence of paragraph 1, as of 1
January 2004, the new Member States will participate in
Community programmes and agencies according to the same
terms and conditions as the present Member States with
funding
from
the
general
budget
of
the
European
Communities. The terms and conditions laid down in
Association Council Decisions, Agreements and Memoranda
of Understanding between the European Communities and
the new Member States regarding their participation in
Community programmes and agencies shall be superseded by
the provisions governing the relevant programmes and
agencies with effect from 1 January 2004.
4.
Should any of the States referred to in Article 1(1) of the
Treaty of Accession not accede to the Community during
2004, any application made by or from the State concerned
for funding by expenditure under the first three Headings of
the Financial Perspective for 2004 shall be null and void. In
that case the relevant Association Council Decision, Agreement
or Memorandum of Understanding shall continue to apply in
respect of that State throughout the entire year 2004.
EN
42
Official Journal of the European Union
23.9.2003
(
1
) OJ L 79, 22.3.2002, p. 42.
(
2
) Regulation (EEC) No 3906/89 (OJ L 375, 23.12.1989, p. 11), as
amended.
(
3
) Regulation (EC) No 2760/98 (OJ L 345, 19.12.1998, p. 49), as
amended.
(
4
) Regulation (EC) No 555/2000 (OJ L 68, 16.3.2000, p. 3), as
amended.
(
5
) Regulation (EC) No 1267/1999 (OJ L 161, 26.6.1999, p. 73), as
amended.
(
6
) Regulation (EC) No 1268/1999 (OJ L 161, 26.6.1999, p. 87).
(
7
) Interinstitutional Agreement of 6 May 1999, between the European
Parliament, the Council and the Commission on budgetary
discipline and improvement of the budgetary procedure (OJ C
172, 18.6.1999, p. 1).
(
8
) OJ L 160, 26.6.1999, p. 103.
(
9
) OJ L 160, 26.6.1999, p. 80.