K. DECLARATIONS BY THE REPUBLIC OF MALTA
35. Declaration by the Republic of Malta on neutrality
Malta affirms its commitment to the common foreign and security policy of the European Union as set out
in the Treaty on European Union.
Malta confirms that its participation in the European Union's common foreign and security policy does not
prejudice its neutrality. The Treaty on European Union specifies that any decision by the Union to move to
a common defence would have to be taken by unanimous decision of the European Council adopted by
the Member States in accordance with their respective constitutional requirements.
36. Declaration by the Republic of Malta on the island region of Gozo
The Government of Malta,
Noting that the island region of Gozo has economic and social specificities as well as handicaps arising
from the combined effects of its double insularity, its environmental fragility, its small population size
coupled with a high population density as well as its inherent limited resources,
Noting that the Gross Domestic Product per capita of the island region of Gozo is significantly lower than
that of Malta as a whole,
Noting that it is pursuing specific economic and social policies with regard to the island region of Gozo,
the object of which is to overcome the permanent structural handicaps from which it suffers,
Recognising that, upon the accession of Malta to the European Union, as a result of the agreement
regarding the eligibility of Malta for the Structural Funds Objectives and for Cohesion Fund assistance,
as well as of the agreements regarding the VAT zero-rate for inter-island passenger transport and the
transitional period for the inter-island transport of agricultural goods, Gozo will be benefiting from
measures which specifically address its structural handicaps, in addition to participating in measures of
more general economic and social benefit,
Recognising further that the NUTS 3 classification accorded to the island region of Gozo may not, on its
own, ensure implementation of the European Union's stated commitment to take measures for the benefit
of less-favoured regions,
Declares that, before the end of each Community budgetary period entailing a redefinition of the
Community regional policy, Malta will request that the Commission report to the Council on the
economic and social situation of Gozo and, in particular, on the disparities in the social and economic
development levels between Gozo and Malta. The Commission would be asked to propose appropriate
measures, as required, in the framework of the Community regional policy or other relevant Community
policies, to ensure the continuation of the reduction of disparities between Gozo and Malta as well as the
further integration of Gozo into the internal market on fair conditions. In particular, in the event that
Malta, as a whole, would no longer be eligible to certain measures of the regional policy, the report would
assess whether the specific economic situation of Gozo justifies a continued eligibility of Gozo to those
measures, and under which conditions, during the reference period.
EN
982
Official Journal of the European Union
23.9.2003
37. Declaration by the Republic of Malta on the maintenance of VAT zero-rating
Malta's acceptance of a transition period until 1 January 2010 for the maintenance of its VAT 0 % rate
instead of the standard rate of 5 % on the supplies of foodstuffs and pharmaceuticals is based on the
premise that the transitional period referred to in Article 28(1) of the Sixth VAT Directive would expire on
that day.
L. DECLARATIONS BY THE REPUBLIC OF POLAND
38. Declaration by the Republic of Poland concerning competitiveness of the Polish production of
some fruit
Poland takes note that covering Poland with the EU common customs tariff can result in an adverse and
immediate outcome for the competitiveness of Polish producers of soft fruits, sour cherries and apples. If
after the accession difficulties arise which are serious and liable to persist in those sectors, Poland will
request urgent application of the general safeguard clause and will request adoption of instruments
allowing for permanent removal of disturbances of the competitiveness in the sector of soft fruits, sour
cherries and apples.
39. Declaration by the Government of the Republic of Poland concerning public morality
The Government of the Republic of Poland understands that nothing in the provisions of the Treaty on
European Union, of the Treaties establishing the European Communities and the provisions of treaties
amending or supplementing those treaties prevents the Polish State in regulating questions of moral
significance, as well as those related to the protection of human life.
40. Declaration by the Government of the Republic of Poland on interpretation of the derogation
from the requirements laid down in Directive 2001/82/EC and in Directive 2001/83/EC
Poland considers that the pharmaceutical products on the list in Appendix A to Annex XII of this Act with
marketing authorisations can be marketed in Poland.
EN
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Official Journal of the European Union
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M. DECLARATIONS BY THE REPUBLIC OF SLOVENIA
41. Declaration by the Republic of Slovenia on the future regional division of the Republic of
Slovenia
The Republic of Slovenia emphasises the importance it attaches to the balanced regional development and
to the need to reduce socio-economic disparities between its regions.
The Republic of Slovenia notes that the competence for decisions on its regional division lies exclusively
with the Republic of Slovenia. An exception to this is the regional division of Slovenia for the purposes of
the common regional classification of the territorial units (NUTS).
In the context of the accession negotiations the issue of regional division of Slovenia at NUTS 2 level was
provisionally settled at the nineteenth meeting of the Conference at Deputy level on 29 July 2002, under
the terms set out in the Conclusions of the Conference. These Conclusions were confirmed at the
Ministerial meeting of the Accession Conference on 1 October 2002.
A declaration by the Republic of Slovenia, to which none of the Member States objected at any stage, was
included in the Conclusions of the Conference and the relevant part of it reads:
‘Slovenia is pleased to note that the EU noted that the whole territory of Slovenia will be considered as one
single region at NUTS 2 level for the period up to the end of 2006, that Slovenia intends to implement
one Single Programming Document covering the whole territory of Slovenia for the programming period
up to the end of 2006, and that Slovenia will continue discussions on the territorial division ensuring
balanced regional development with the Commission in order to review, already being a Member State, its
NUTS classification at the end of 2006 at the latest.
If the proposal for a Regulation of the European Parliament and of the Council on the establishment of a
common classification of Territorial Units for statistics (NUTS) is adopted and enters into force before
Slovenia's accession, Slovenia will, if necessary, negotiate with the EU its application to the territorial
division of Slovenia.
On this basis Slovenia can accept the EU proposal and agree that at this stage this chapter does not require
further negotiation.’
42. Declaration by the Republic of Slovenia on the Slovenian indigenous bee
Apis mellifera Carnica
(kranjska cˇebela)
Having regard to the fact that the Slovenian honeybee subspecies Apis mellifera Carnica (known also under
names ‘kranjska cˇebela’, ‘Carniolan bee’, ‘Krainer Biene’, ‘Carnica’, and ‘Kärntner Biene’) is an indigenous
animal population in the Republic of Slovenia,
Having regard to hundreds of years of continuous efforts to maintain and select the native bee on the
territory of present Slovenia, aimed also at its preservation as indigenous genetic material, resulting in a
honeybee population that is genetically stabilised and in balance,
Having regard to the compelling need to preserve this indigenous honeybee population with distinct
characteristics and thus contribute to the maintenance of biodiversity,
The Republic of Slovenia declares that it intends to continue applying all appropriate measures necessary
to ensure the preservation of the indigenous Apis mellifera Carnica on the territory of the Republic of
Slovenia.
The Republic of Slovenia recalls that it raised this issue in the accession negotiations and that the European
Union underlined that national measures can be taken on the basis of Article 30 of the Treaty, subject to
the principle of proportionality, and that the inclusion of the issue in negotiations was not necessary.
EN
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Official Journal of the European Union
23.9.2003
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