D.
JOINT DECLARATIONS BY VARIOUS PRESENT MEMBER STATES
19. Joint Declaration by the Federal Republic of Germany and the Republic of Austria on the free
movement of workers: Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovenia and
Slovakia
The wording of point number 13 of the transitional measures on the free movement of workers under
Directive 96/71/EC in Annexes V, VI, VIII, IX, X, XII, XIII and XIV is understood by the Federal Republic of
Germany and the Republic of Austria in agreement with the Commission as meaning that ‘certain regions’
may, where appropriate, also comprise the entire national territory.
20. Joint Declaration by the Federal Republic of Germany and the Republic of Austria on the
monitoring of nuclear safety
The Federal Republic of Germany and the Republic of Austria stress the importance of continuing the
monitoring process on the implementation of the recommendations for the improvement of nuclear safety
in the accession countries, as raised at the Council on General Affairs and External Relations of 10
December 2002, until a result is available.
E. GENERAL JOINT DECLARATION BY THE PRESENT MEMBER STATES
21. General Joint Declaration
The present Member States underline that the Declarations attached to this Final Act cannot be interpreted
or applied in a way contrary to the obligations of the Member States arising from the Treaty and Act of
Accession.
The present Member States note that the Commission subscribes fully to the above.
F. JOINT DECLARATIONS BY VARIOUS NEW MEMBER STATES
22. Joint Declaration by the Czech Republic, the Republic of Estonia, the Republic of Lithuania,
the Republic of Poland, the Republic of Slovenia and the Slovak Republic on Article 38 of the Act
of Accession
1. The Czech Republic, the Republic of Estonia, the Republic of Lithuania, the Republic of Poland, the
Republic of Slovenia and the Slovak Republic understand that the notion ‘has failed to implement
commitments undertaken in the context of the accession negotiations’ only covers the obligations that
are arising from the original Treaties applicable to the Czech Republic, the Republic of Estonia, the
Republic of Lithuania, the Republic of Poland, the Republic of Slovenia and the Slovak Republic, under
the conditions laid down in the Act of Accession, and the obligations defined in this Act.
Therefore the Czech Republic, the Republic of Estonia, the Republic of Lithuania, the Republic of
Poland, the Republic of Slovenia and the Slovak Republic understand that the Commission will
consider application of Article 38 only in cases of alleged violations of the obligations referred to in
the preceding paragraph.
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Official Journal of the European Union
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2. The Czech Republic, the Republic of Estonia, the Republic of Lithuania, the Republic of Poland, the
Republic of Slovenia and the Slovak Republic understand that Article 38 is without prejudice to the
jurisdiction of the Court of Justice as defined by Article 230 of the EC Treaty on actions taken by the
Commission pursuant to Article 38.
3. The Czech Republic, the Republic of Estonia, the Republic of Lithuania, the Republic of Poland, the
Republic of Slovenia and the Slovak Republic understand that the Commission shall, before deciding on
whether to apply the measures provided for in Article 38 against them, give the Czech Republic, the
Republic of Estonia, the Republic of Lithuania, the Republic of Poland, the Republic of Slovenia and the
Slovak Republic an opportunity to express their view and position in accordance with the Declaration
by the Commission of the European Communities on the general safeguard clause, the internal market
safeguard clause and the justice and home affairs safeguard clause, annexed to this Final Act.
23. Joint Declaration by the Republic of Hungary and the Republic of Slovenia on Annex X,
Chapter 7, point 1(a)(ii) and Annex XIII, Chapter 6, point (1)(a)(i) to the Act of Accession
If the transitional period referred to in Article 28(l) of the Sixth VAT Directive is not replaced by a
definitive system by mid-2007 and the proposal for its replacement is not at such a stage as to allow the
replacement by the end of 2007, the Republic of Hungary and the Republic of Slovenia will request a
report from the Commission to the Council on the functioning of the transitional arrangement provided
for in Annex X, Chapter 7, point 1(a)(ii) and Annex XIII, Chapter 6, point 1(a)(i) to the Act of Accession to
be prepared in due time. This report shall take into account the proper functioning of the internal market
and possible adverse consequences for restaurant sectors in the Republic of Hungary and the Republic of
Slovenia, in particular job losses, an increase in undeclared employment, and the level of price increases of
restaurant services for the final consumer.
G. DECLARATIONS BY THE CZECH REPUBLIC
24. Declaration by the Czech Republic on transport policy
In accordance with the EU Common Position to the Chapter on Transport Policy the current and new
Member States may progressively exchange cabotage authorisations on the basis of bilateral agreements,
including the possibility for full liberalisation. In the light of the above the Czech Republic therefore
expects the bilateral talks with the Member States will be continued in the course of year 2003 in order to
reach either a bilateral agreement on full liberalisation of cabotage or an exchange of progressive cabotage
authorisations in case the transitional period is required.
The Czech Republic welcomes that a mutual agreement with Germany has been reached on working out
the analysis of a cost structure on the basis of which bilateral cabotage quotas could be established from
the year 2004 onwards.
25. Declaration by the Czech Republic on workers
The Czech Republic declares that it expects that the intentions of a present Member State to liberalise the
access of Czech workers to its labour market based on individual sectors and professions will be subject to
bilateral consultations between the Member State concerned and the Czech Republic.
EN
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Official Journal of the European Union
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