Article 138d. Every citizen of the Union may apply to the Ombudsman
established in accordance with Article 138e. ARTICLE 8e The
Commission shall report to the European Parliament, to the Council
and to the Economic and Social Committee before 31 December 1993
and then every three years on the application of the provisions of this
Part. This report shall take account of the development of the Union.
On this basis, and without prejudice to the other provisions of this
Treaty, the Council, acting unanimously on a proposal from the
Commission and after consulting the European Parliament, may adopt
provisions to strengthen or to add to the rights laid down in this Part,
which it shall recommend to the Member States for adoption in
accordance with their respective constitutional requirements." D. Parts
Two and Three shall be grouped under the following Title: "PART
THREE COMMUNITY POLICIES" and in this Part: 10) The first
sentence of Article 49 shall be replaced by the following: "As soon as
this Treaty enters into force, the Council shall, acting in accordance
with the procedure referred to in Article 189b and after consulting the
Economic and Social Committee, issue directives or make regulations
setting out the measures required to bring about, by progressive stages,
freedom of movement for workers, as defined in Article 48, in
particular." 11) Article 54(2) shall be replaced by the following: "2. In
order to implement this general programme or, in the absence of such
programme, in order to achieve a stage in attaining freedom of
establishment as regards a particular activity, the Council, acting in
accordance with the Procedure referred to in Article 189b and after
consulting the Economic and Social Committee, shall act by means of
directives." 12) Article 56(2) shall be replaced by the following: "2.
Before the end of the transitional period, the Council shall, acting
unanimously on a proposal from the Commission and after consulting
the European Parliament, issue directives for the co-ordination of the
above mentioned provisions laid down by law, regulation or
administrative action. After the end of the second stage, however, the
Council shall, acting in accordance with the procedure referred to in
Article 189b, issue directives for the co-ordination of such provisions
as, in each Member State, are a matter for regulation or administrative
action." 13) Article 57 shall be replaced by the following: "ARTICLE
57 1. In order to make it easier for persons to take up and pursue
activities as self-employed persons, the Council shall, acting in
accordance with the procedure referred to in Article 189b, issue
directives for the mutual recognition of diplomas, certificates and other
evidence of formal qualifications. 2. For the same purpose, the Council
shall, before the end of the transitional period, issue directives for the
co-ordination of the provisions laid down by law, regulation or
administrative action in Member States concerning the taking up and
pursuit of activities as self-employed persons. The Council, acting
unanimously on a proposal from the Commission and after consulting
the European Parliament, shall decide on directives the implementation
of which involves in at least one Member State amendment of the
existing principles laid down by law governing the professions with
respect to training and conditions of access for natural persons. In other
cases the Council shall act in accordance with the procedure referred to
in Article 189b. 3. In the case of the medical and allied and
pharmaceutical professions, the progressive abolition of restrictions
shall be dependent upon co-ordination of the conditions for their
exercise in the various Member States." 14) The title of
Chapter 4
shall be replaced by the following:
"
CHAPTER 4
CAPITAL AND PAYMENTS" 15) The following Articles shall be
inserted: "ARTICLE 73a As from 1 January 1994, Articles 67 to 73
shall be replaced by Articles 73b, c, d, e, f and g. ARTICLE 73b 1.
Within the framework of the provisions set out in this Chapter, all
restrictions on the movement of capital between Member States and
between Member States and third countries shall be prohibited. 2.
Within the framework of the provisions set out in this Chapter, all
restrictions on payments between Member States and between Member
States and third countries shall be prohibited. ARTICLE 73c 1. The
Provisions of Article 73b shall be without prejudice to the application
to third countries, of any restrictions which exist on 31 December 1993
under national or Community law adopted in respect of the movement
of capital to or from third countries involving direct investment -
including investment in real estate - establishment, the provision of
financial services or the admission of securities to capital markets. 2.
Whilst endeavouring to achieve the objective of free movement of
capital between Member States and third countries to the greatest
extent possible and without prejudice to the other
Chapters
of this Treaty, the
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