— in Austria:
Sector
NACE (
1
) code,
unless otherwise specified
Horticultural service activities
01.41
Cutting, shaping and finishing of
stone
26.7
Manufacture of metal structures
and parts of structures
28.11
Construction, including related
branches
45.1 to 4;
Activities listed in the Annex to
Directive 96/71/EC
Security activities
74.60
Industrial cleaning
74.70
Home nursing
85.14
Social work and activities without
accommodations
85.32
To the extent that Germany or Austria derogate from the first
paragraph of Article 49 of the EC Treaty in accordance with the
preceding
subparagraphs,
Slovenia
may,
after
notifying
the
Commission, take equivalent measures.
The effect of the application of this paragraph shall not result in
conditions for the temporary movement of workers in the context of
the transnational provision of services between Germany or Austria
and Slovenia which are more restrictive than those prevailing on the
date of signature of the Treaty of Accession.
14.
The effect of the application of paragraphs 2 to 5 and 7 to 12
shall not result in conditions for access of Slovenian nationals to the
labour markets of the present Member States which are more restrictive
than those prevailing on the date of signature of the Treaty of
Accession.
Notwithstanding the application of the provisions laid down in
paragraphs 1 to 13, the present Member States shall, during any
period when national measures or those resulting from bilateral
agreements are applied, give preference to workers who are nationals
of the Member States over workers who are nationals of third countries
as regards access to their labour market.
Slovenian migrant workers and their families legally resident and
working in another Member State or migrant workers from other
Member States and their families legally resident and working in
Slovenia shall not be treated in a more restrictive way than those
from third countries resident and working in that Member State or
Slovenia respectively. Furthermore, in application of the principle of
Community preference, migrant workers from third countries resident
and working in Slovenia shall not be treated more favourably than
nationals of Slovenia.
(
1
) NACE: see 31990 R 3 037: Council Regulation (EEC) No 3037/90 of 9
October 1990 on the statistical classification of economic activities in the
European Community (OJ L 293, 24.10.1990, p. 1), as last amended by
32 002 R 0029: Commission Regulation (EC) No 29/2002 of 19.12.2001
(OJ L 6, 10.1.2002, p. 3).
3. FREEDOM TO PROVIDE SERVICES
1.
31986 L 0635: Council Directive 86/635/EEC of 8 December
1986 on the annual accounts and consolidated accounts of banks
and other financial institutions (OJ L 372, 31.12.1986, p. 1), as
amended by:
— 32001 L 0065: Directive 2001/65/EC of the European Parliament
and of the Council of 27.9.2001 (OJ L 283, 27.10.2001, p. 28).
In Slovenia, Directive 86/635/EEC shall not apply until 31 December
2004 to savings and loans undertakings established before 20 February
1999.
2.
31994 L 0019: Directive 94/19/EC of the European Parliament
and of the Council of 30 May 1994 on deposit-guarantee schemes
(OJ L 135, 31.5.1994, p. 5).
In Slovenia, Directive 94/19/EC shall not apply until 31 December
2004 to savings and loans undertakings established before 20
February 1999.
Until 31 December 2005 neither the level nor the scope of the cover
provided in Slovenia by a credit institution from another Member State
may exceed the level or scope of the guarantee provided by the corre-
sponding guarantee scheme in Slovenia.
3.
31997 L 0009: Directive 97/9/EC of the European Parliament and
of the Council of 3 March 1997 on investor-compensation schemes
(OJ L 84, 26.3.1997, p. 22).
By way of derogation from Directive 97/9/EC, until 31 December 2005
neither the level nor the scope of the cover provided in Slovenia by an
investment firm from another Member State may exceed the level or
scope of the compensation provided by the corresponding compen-
sation scheme in Slovenia.
4.
32000 L 0012: Directive 2000/12/EC of the European Parliament
and of the Council of 20 March 2000 relating to the taking up and
pursuit of the business of credit institutions (OJ L 126, 26.5.2000, p. 1),
as amended by:
— 32000 L 0028: Directive 2000/28/EC of the European Parliament
and of the Council of 18.9.2000 (OJ L 275, 27.10.2000, p. 37).
In Slovenia, Directive 2000/12/EC shall not apply until 31 December
2004 to savings and loans undertakings established before 20 February
1999.
EN
908
Official Journal of the European Union
23.9.2003
4.
FREE MOVEMENT OF CAPITAL
Treaty on European Union;
Treaty establishing the European Community.
As regards the real estate market, Slovenia may resort to the general
safeguard clause provided for in Article 37 of this Act for a period of
up to a maximum of seven years after the date of accession.
5. AGRICULTURE
A. AGRICULTURAL LEGISLATION
1.
31966 R 0136: Council Regulation No 136/66/EEC of 22
September 1966 on the establishment of a common organisation of
the market in oils and fats (OJ P 172, 30.9.1966, p. 3025), as last
amended by:
— 32001 R 1513: Council Regulation (EC) No 1513/2001 of
23.7.2001 (OJ L 201, 26.7.2001, p. 4).
By way of derogation from Article 33 of Regulation No 136/66/EEC,
Slovenia may for a period of five years from the date of accession grant
State aid for the production of oil pumpkins applying the following
rates of degressivity: 100 % for the first three years, 80 % for the fourth
year, 50 % for the fifth year.
Slovenia shall submit an annual report to the Commission on the
implementation of the State aid measures, indicating the form of the
aid and the amounts.
2.
31999 R 1493: Council Regulation (EC) No 1493/1999 of 17
May 1999 on the common organisation of the market in wine (OJ L
179, 14.7.1999, p. 1), as last amended by:
— 32001 R 2585: Council Regulation (EC) No 2585/2001 of
19.12.2001 (OJ L 345, 29.12.2001, p. 10).
(a) By way of derogation from Annex V, point C(2)(e), and Annex VI,
point E(3)(e), of Regulation (EC) No 1493/1999, the minimum
natural alcoholic strength by volume set for zone CII for table
wines and quality wines psr may be derogated from in the three
consecutive wine years 2004/2005, 2005/2006 and 2006/2007 for
the Primorska wine area when the climatic conditions or vine
growth conditions are exceptionally unfavourable and make it
impossible to reach the minimum natural alcoholic strength
required in zone CII. However, the minimum natural alcoholic
strength may not be lower than that set for zone CIa for table
wines and quality wines psr.
(b) Slovenia shall submit a detailed report on the minimum natural
alcoholic strength of the grapevines used in the Primorska region to
the Commission no later than three months before the end of the
third wine year, 2006/2007. On the basis of this report, the
Commission shall before the end of the third wine year,
2006/2007, assess the readiness of the Primorska wine area to
meet the minimum natural alcoholic strength of the CII zone
and, where necessary, take appropriate measures.
(c) The Commission may extend the arrangements laid down in
paragraph (a) by two further wine years, in particular if the
period is not long enough to have representative data for
meeting the requirements of zone CII.
(d) As regards Teran PTP Kras, the Commission shall make a specific
assessment of the readiness of the areas planted for the production
of Teran PTP Kras to meet the CII minimum zone natural alcoholic
strength of 9,5 % vol.
(e) Slovenia shall present a detailed report to the Commission no later
than three months before the end of the third wine year,
2006/2007, on the minimum natural alcoholic strength of the
grapevines used for the production of Teran PTP Kras. On the
basis of this report the Commission shall, before the end of the
transitional period, assess the readiness of Teran PTP Kras to meet
the minimum natural alcoholic strength of the CII zone and, where
necessary, take appropriate measures.
(f) The Commission will apply objective criteria for restructuring aid
for vineyards in the Primorska wine area in the Republic of
Slovenia, provided for in Article 14 of Regulation (EC) No
1493/1999, taking into account particular situations and needs.
Slovenia will benefit from this restructuring aid from the
2004-2005 wine year onwards.
B. VETERINARY AND PHYTOSANITARY LEGISLATION
I. VETERINARY LEGISLATION
31999 L 0074: Council Directive 1999/74/EC of 19 July 1999 laying
down minimum standards for the protection of laying hens (OJ L 203,
3.8.1999, p. 53).
Until 31 December 2009, establishments in Slovenia listed in Appendix
B to this Annex may maintain in service cages not meeting the
minimum requirements laid down in Article 5(1)(4) and 5(1)(5) of
Directive 1999/74/EC, provided that they are at least 37 cm high
over at least 65 % of the cage area, not less than 31 cm high at any
point and that the floor slope does not exceed 16 %.
Laying hens in lay at the date of accession may be kept in cages which
are not in conformity with the structural requirements laid down in
Article 5(1)(1), provided that they have a floor space of at least
450 cm
2
per hen. Slovenia shall ensure that the minimum floor area
fully complies with Article 5(1)(1) at the start of the new cycle of
production and no later than 1 December 2004.
EN
23.9.2003
Official Journal of the European Union
909