The Treaty of the European Union [Maastricht] | Page 9

payment and transfers mentioned in this Article to be effected; such
measures shall not prejudice the attainment of the objectives set out in
this Treaty." 16) Article 75 shall be replaced by the following:
"ARTICLE 75 1. For the purpose of implementing Article 74, and
taking into account the distinctive features of transport, the Council
shall, acting in accordance with the procedure referred to in Article
189c and after consulting the Economic and Social Committee, lay
down: (a) common rules applicable to international transport to or from
the territory of a Member State or passing across the territory of one or
more Member States; (b) the conditions under which non-resident
carriers may operate transport services within a Member State; (c)
measures to improve transport safety; (d) any other appropriate
provisions. 2. The Provisions referred to in (a) and (b) of paragraph 1
shall be laid down during the transitional period. 3. By way of
derogation from the procedure provided for in paragraph 1, where the
application of provisions concerning the principles of the regulatory
system for transport would be liable to have a serious effect on the
standard of living and on employment in certain areas and on the
operation of transport facilities, they shall be laid down by the Council
acting unanimously on a proposal from the Commission, after
consulting the European Parliament and the Economic and Social
Committee. In so doing, the Council shall take into account the need
for adaptation to the economic development which will result from
establishing the common market." 17) The title of Title I in Part Three
shall be replaced by, the following: "TITLE V Common rules on
competition and approximation of laws" 18) In Article 92(3): - the
following point shall be inserted: "(d) aid to promote culture and
heritage conservation where such aid does not affect trading conditions
and competition in the Community to an extent that is contrary to the
common interest." - the present point (d) shall become (e). 19) Article
94 shall be replaced by the following: "ARTICLE 94 The Council,
acting by a qualified majority on a proposal from the Commission and
after consulting the European Parliament, may make any appropriate

regulations for the application of Articles 92 and 93 and may in
particular determine the conditions in which Article 93(3) shall apply
and the categories of aid exempted from this procedure." 20) Article 99
shall be replaced by the following: "ARTICLE 99 The Council shall,
acting unanimously on a proposal from the Commission and after
consulting the European Parliament and the Economic and Social
Committee, adopt provisions for the harmonization of legislation
concerning turnover taxes, excise duties and other forms of indirect
taxation to the extent that such harmonization is necessary to ensure the
establishment and the functioning of the internal market within the time
limit laid down in Article 7a." 21) Article 100 shall be replaced by the
following: "ARTICLE 100 The Council shall, acting unanimously on a
proposal from the Commission and after consulting the European
Parliament and the Economic and Social Committee, issue directives
for the approximation of such laws, regulations or administrative
provisions of the Member States as directly affects the establishment or
functioning of the common market." 22) Article l00a(1) shall be
replaced by the following: "1. By way of derogation from Article 100
and save where otherwise provided in this Treaty, the following
provisions shall apply for the achievement of the objectives set out in
Article 7a. The Council shall, acting in accordance with the procedure
referred to in Article 189b and after consulting the Economic and
Social Committee, adopt the measures for the approximation of the
provisions laid down by law, regulation or administrative action in
Member States which have as their object the establishment and
functioning of the internal market." 23) The following Article shall be
inserted: "ARTICLE l00c 1. The Council, acting unanimously on a
proposal from the Commission and after consulting the European
Parliament, shall determine the third countries whose nationals must be
in possession of a visa when crossing the external borders of the
Member States. 2. However, in the event of an emergency situation in a
third country posing a threat of a sudden inflow of nationals from that
country into the Community, the Council, acting by a qualified
majority on a recommendation from the Commission, may introduce,
for a period not exceeding six months, a visa requirement for nationals
from the country in question. The visa requirement established under
this paragraph may be extended in accordance with the procedure

referred to in paragraph 1. 3. From 1 January 1996, the Council shall
adopt the decisions referred to in paragraph 1 by a qualified majority.
The Council shall, before that date, acting by a qualified majority on a
proposal from the Commission and after consulting the