34. Notes that the dictum in Cartesio to the effect that, in the absence of a uniform Union law definition of the companies which may enjoy the right of establishment on the basis of a single connecting factor determining the national law applicable to a company, the question whether Article 49 TFEU applies to a company which seeks to rely on the fundamental freedom enshrined in that article is a preliminary matter which, as Union law now stands, can only be resolved by the applicable national law; further notes that the developments in the field of company law envisaged in the Treaty, as pursued by means of legislation and agreements, ...[+++]have not as yet addressed the differences between the legislation of the various Member States and, accordingly, have not yet eradicated those differences; observes that this evidences a lacuna in Union law; reiterates its call for this lacuna to be remedied;

34. Notes that the dictum in Cartesio to the effect that, in the absence of a uniform Union law definition of the companies which may enjoy the right of establishment on the basis of a single connecting factor determining the national law applicable to a company, the question whether Article 49 TFEU applies to a company which seeks to rely on the fundamental freedom enshrined in that article is a preliminary matter which, as Union law now stands, can only be resolved by the applicable national law; further notes that the developments in the field of company law envisaged in the Treaty, as pursued by means of legislation and agreements, ...[+++]have not as yet addressed the differences between the legislation of the various Member States and, accordingly, have not yet eradicated those differences; observes that this evidences a lacuna in Union law; reiterates its call for this lacuna to be remedied;

In order to avoid misunderstandings in the translation of the term ‘production aid’ and to relate it explicitly to the German original term Produktionshilfen, I ask for a linguistic clarification to the effect that, where the words ‘production aid’ are used in the text, they should, in the English version, be replaced by the term ‘production props’, and rendered in the French one by aide matérielle à la production, and in German by Produktionshilfen.

The need increasingly to link the question of development with that of environmental protection offers an opportunity for, above all, small and medium-sized enterprises (SMEs), as regards both the development of new technologies and the adoption of new, more energy-efficient manufacturing systems.

Wherever acts specified in this Annex contain references to Member States of the European Community, or a requirement for a link with the latter, the references shall, for the purpose of this Agreement, be understood to apply equally to Switzerland or to the requirement of a link with Switzerland.

It will take into account relevant on-going initiatives such as the ECI, the Urban Audit II which analyses economic, social and environmental data from 200 cities, and the Transport and Environment Reporting Mechanism (TERM) which provides data on transport and related environmental parameters.