Treaty of Nice/Declarations of which the Conference took note

1. Declaration by Luxembourg

Without prejudice to the Decision of 8 April 1965 and the provisions and possibilities contained therein regarding the seats of institutions, bodies and departments to be set up, the Luxembourg Government undertakes not to claim the seat of the Boards of Appeal of the Office for Harmonisation in the Internal Market (trade marks and designs), which will remain in Alicante, even if those Boards were to become judicial panels within the meaning of Article 220 of the Treaty establishing the European Community.

2. Declaration by Greece, Spain and Portugal on Article 161 of the Treaty establishing the European Community

Greece, Spain and Portugal have agreed to the move to a qualified majority in Article 161 of the Treaty establishing the European Community on the basis that the word "multiannual" in the third paragraph means that the financial perspective applicable from 1 January 2007 and the Interinstitutional Agreement relating thereto will have the same duration as the current financial perspective.

3. Declaration by Denmark, Germany, the Netherlands and Austria on Article 161 of the Treaty establishing the European Community

With regard to the Declaration by Greece, Spain and Portugal on Article 161 of the Treaty establishing the European Community, Denmark, Germany, the Netherlands and Austria declare that that Declaration is without prejudice to actions of the European Commission, in particular with respect to its right of initiative.