Treaty of Amsterdam/Article 8

The Treaty establishing the European Atomic Energy Community, including the annexes and protocols thereto, shall be amended in accordance with the provisions of this Article for the purpose of deleting lapsed provisions of the Treaty and adapting in consequence the text of certain of its provisions.

I. TEXT OF THE ARTICLES OF THE TREATY

1. In Article 76, second paragraph, the words ‘after the entry into force of this Treaty’ shall be replaced by ‘after 1 January 1958’.

2. In the introductory part to the first paragraph of Article 93, the words ‘Member States shall abolish between themselves, one year after the entry into force of this Treaty, all customs duties . . .’ shall be replaced by ‘Member States shall prohibit between themselves all customs duties . . .’.

3. Articles 94 and 95 shall be repealed.

4. In Article 98, second paragraph, the words ‘Within two years of the entry into force of this Treaty, the Council . . .’ shall be replaced by ‘The Council . . .’.

5. Article 100 shall be repealed.

6. Article 104 shall be amended as follows:

(a) in the first paragraph, the words ‘after the entry into force of this Treaty’ shall be replaced by ‘after 1 January 1958 or, for acceding States, after the date of their accession,’;

(b) in the second paragraph the words ‘after the entry into force of this Treaty, within the purview thereof’ shall be replaced by ‘after the dates referred to in the first paragraph, within the scope of this Treaty’.

7. Article 105 shall be amended as follows:

(a) in the first paragraph, the words ‘concluded before its entry into force by a Member State’ shall be replaced by ‘concluded before 1 January 1958 or, for acceding States, before the date of their accession, by a Member State’. At the end of that paragraph the words ‘the entry into force of this Treaty’ shall be replaced by ‘the aforesaid dates’;

(b) in the second paragraph, the words ‘concluded between the signature and the entry into force of this Treaty’ shall be replaced by ‘concluded between 25 March 1957 and 1 January 1958 or, for acceding States, between the signature of the instrument of accession and the date of their accession’.

8. In Article 106, first paragraph, the words ‘before the entry into force of this Treaty’ shall be replaced by ‘before 1 January 1958 or, for acceding States, before the date of their accession’.

9. Article 108 shall be amended as follows, to include Article 1, Article 2 as amended by Article 5 of this Treaty, and Article 3(1) of the Act concerning the election of the representatives of the European Parliament by direct universal suffrage, annexed to the Council Decision of 20 September 1976; Annex II of that Act shall continue to be applied:

(a) in the place of paragraphs 1 and 2, which lapsed in accordance with Article 14 of the Act concerning the election of the representatives of the European Parliament, there shall be inserted the text of Articles 1 and 2 of the said Act as paragraphs 1 and 2; the new paragraphs 1 and 2 shall read as follows:

‘1. The representatives in the European Parliament of the peoples of the States brought together in the Community shall be elected by direct universal suffrage.

2. The number of representatives elected in each Member State shall be as follows:

Belgium	25
Denmark	16
Germany	99
Greece	25
Spain	64
France	87
Ireland	15
Italy	87
Luxembourg	6
Netherlands	31
Austria	21
Portugal	25
Finland	16
Sweden	22
United Kingdom	87.

In the event of amendments to this paragraph, the number of representatives elected in each Member State must ensure appropriate representation of the peoples of the States brought together in the Community.’;

(b) after the new paragraphs 1 and 2, there shall be inserted the text of Article 3(1) of the aforesaid Act as paragraph 3; the new paragraph 3 shall read as follows:

‘3. Representatives shall be elected for a term of five years.’;

(c) the existing paragraph 3 as amended by Article 4 of this Treaty shall become paragraph 4;

(d) paragraph 4 as added by Article 4 of this Treaty shall become paragraph 5.

10. In Article 127, paragraph 3 shall be deleted.

11. In Article 138, first paragraph, the words ‘the date of accession’ shall be replaced by ‘1 January 1995’.

12. In Article 160b(3), the second subparagraph commencing ‘However, when the first appointments . . .’ shall be deleted.

13. In Article 181, the second, third and fourth paragraphs shall be deleted.

14. In the place of Article 191 there shall be inserted the adapted text of Article 28, first paragraph, of the Treaty establishing a Single Council and a Single Commission of the European Communities; the new Article 191 shall accordingly read as follows:

‘Article 191

The Community shall enjoy in the territories of the Member States such privileges and immunities as are necessary for the performance of its tasks, under the conditions laid down in the Protocol of 8 April 1965 on the privileges and immunities of the European Communities.’.

15. Article 198 shall be amended as follows:

(a) after the second paragraph there shall be inserted a third paragraph as follows:

‘The provisions of this Treaty shall apply to the Åland Islands in accordance with the provisions set out in Protocol No 2 to the Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden.’;

(b) in the existing third paragraph, point (e) concerning the Åland Islands shall be deleted.

16. In Article 199, first paragraph, the words ‘and of the General Agreement on Tariffs and Trade’ shall be replaced by ‘and of the World Trade Organisation’.

17. Title VI, ‘Provisions relating to the initial period’, comprising Section 1, ‘Setting up of the institutions’, Section 2, ‘Provisions for the initial application of this Treaty’ and Section 3, ‘Transitional provisions’ and Articles 209 to 223, shall be repealed.

18. In Article 225 there shall be added a new paragraph as follows:

‘Pursuant to the Accession treaties the Danish, English, Finnish, Greek, Irish, Portuguese, Spanish and Swedish versions of this Treaty shall also be authentic.’.

II. ANNEXES

Annex V, ‘Initial research and training programme referred to in Article 215 of this Treaty’ including the table ‘Breakdown by main headings . . .’ shall be deleted.

III. PROTOCOLS

1. The Protocol on the application of the Treaty establishing the European Atomic Energy Community to the non-European parts of the Kingdom of the Netherlands shall be repealed.

2. The Protocol on the Statute of the Court of Justice of the European Atomic Energy Community shall be amended as follows:

(a) the words ‘HAVE DESIGNATED as their Plenipotentiaries for this Purpose:’ and the list of Heads of State and their plenipotentiaries shall be deleted;

(b) the words ‘WHO, having exchanged their full powers, found in good and due form,’ shall be deleted;

(c) in Article 3, the adapted text of Article 21 of the Protocol on the privileges and immunities of the European Communities shall be added as a fourth paragraph; this new fourth paragraph shall accordingly read as follows:

‘Articles 12 to 15 and 18 of the Protocol on the privileges and immunities of the European Community shall apply to the Judges, Advocates-General, Registrar and Assistant Rapporteurs of the Court of Justice, without prejudice to the provisions relating to immunity from legal proceedings of Judges which are set out in the preceding paragraphs.’;

(d) Article 58 shall be repealed;

(e) the concluding formula ‘IN WITNESS WHEREOF, the undersigned Plenipotentiaries have signed this Protocol.’ shall be deleted;

(f) the list of signatories shall be deleted.