3.
For simplicity, I have referred above to "the Community" but until the Treaty on European Union comes into force, there will still be three Communities, the European Coal and Steel Community, the European Atomic Energy and the European Economic Community, each with separate legal personality and treaty making capacity. If the Exchange of Notes is concluded in September, as proposed, the Treaty on European Union will not yet be in force. The Annex to the Exchange of Notes refers to all the Communities. Correctly speaking, there will need to be a separate exchange of notes with each of the three Communities. I have suggested above inserting references to the "Community" but these need to be references to the Community with which the agreement is being concluded.
Paragraphs 1 of the Annex will also need to refer only to the relevant Community; in paragraph 2 and onwards "the Community" will do.".
4. I think a few small changes need also to be made to the Annex. I suggest:
a)
b)
c)
d)
substituting "the Community" in paragraph 4 (cf. Vienna Convention on Diplomatic Relations, Article 23(1));
substituting "the Community" and deleting "the Office" in paragraph 8 (the Office too has no legal personality);
replacing "Commission" by Community" and "its" by "the" in Article 11; and
revising "the flag and emblem of the European Communities" in paragraph 19 to read "the European Community flag and emblem".
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Shelaph Brooks.
Shelagh Brooks