Article 73c ( * )

( * ) Articles 73a to 73h as inserted by Article G( 15 ) TEU.

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 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 Council may, acting by a qualified  majority on a proposal from the Com mission, adopt measures on 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. Unanimity shall be required for measures under this  paragraph which constitute a step back in Community law as regards the liberalization of the movement of capital to or from third countries.

Article 73d ( * )

( * ) Articles 73a to 73h as inserted by Article G( 15 ) TEU.

1. The provisions of Article 73b shall be without prejudice to the right of Member  States:

a. to apply the relevant provisions of their tax law which distinguish between  taxpayers who are not in the same situation with regard to their place of  residence or with regard to the place where their capital is invested;
b. to take all requisite measures to prevent infringements of national law and  regulations, in particular in the field of taxation and the prudential supervision  of financial institutions, or to lay down procedures for the declaration of capital  movements for purposes of administrative or statistical information, or to take  measures which are justified on grounds of public policy or public security.

2. The provisions of this Chapter shall be without prejudice to the applicability of  restrictions on the right of establishment which are compatible with this Treaty.

3. The measures and procedures referred to in paragraphs 1 and 2 shall not constitute  a means of arbitrary discrimination or a disguised restriction on the free movement  of capital and payments as defined in Article 73b.

Article 73e ( * )

( * ) Articles 73a to 73h as inserted by Article G( 15 ) TEU.

By way of derogation from Article 73b, Member States which, on 31 December 1993, enjoy a derogation on the basis of existing Community law, shall be entitled to  maintain, until 31 December 1995 at the latest, restrictions on movements of capital  authorized by such derogations as exist on that date.

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