3
(HD) The ad
of > holder of the right is acceptable. It is
understood that the 'companies' referred to in Art. 3(3)(b)(ii) of
Directive 87/54/EEC can be considered to be legal entities, even if
in some Member States forms of Incorporation may exist which do not
confer full legal personality.
(iv) This definition is acceptable.
(v)
This definition and the consequent change to "contracting party"
takes account of the Community proposal (Article A).
(VI) This definition should, If possible, be avoided. However, due to
the fact that at least two important Treaty provisions make
reference to the territory of a contracting party (Articles 3(1)
and 5) this might prove difficult. As a compromise the following
modification could be proposed :
and, where a Contracting
14
Party is an Intergovernmental Organisation, the territory in which
its Constituting Treaty applies, on the terms and conditions laid
down in that Treaty."
Such a modification of the proposed text is necessary to take
account of the fact that the territory of some Member States is not entirely Identical with the jurisdiction of the Community1.
In fact the EEC Treaty applies to the geographical extent of the
territory defined In Art. 227 of that Treaty, the acts taken In
application of that Treaty and under the conditions specified in
these texts.
Because of the relative complexity of this matter, it would be
preferable to avoid getting into any discussion which might result
in having to explain what is meant by the "territory of the EEC",
as this would have the potential to stimulate more arguments from
those states who are not in favour of the Treaty.
1. (e.g. Greenland is part of the territory of Denmark, but in accordance
with the Treaty of 13.3.1984 based on Art. 236 EEC Greenland has the
status of an associated territory.