Treaty.

If a draft agreement or contract contains clauses which impede the application of this  Treaty, the Commission shall, within one month of receipt of such communication,  make its comments known to the State concerned.

The State shall not conclude the proposed agreement or contract until it has satisfied  the objections of the Commission or complied with a ruling by the Court of Justice,  adjudicating urgently upon an application from the State, on the compatibility of the  proposed clauses with the provisions of this Treaty. An application may be made to  the Court of Justice at any time after the State has received the comments of the  Commission.

Article 104

No person or undertaking concluding or renewing an agreement or contract with a  third State, an international organization or a national of a third State after the entry  into force of this Treaty may invoke that agreement or contract in order to evade the  obligations imposed by this Treaty.

Each Member State shall take such measures as it considers necessary in order to  communicate to the Commission, at the request of the latter, all information relating  to agreements or contracts concluded alter the entry into force of this Treaty, within  the purview thereof; by a person or undertaking with a third State, an international  organization or a national of a third State. The Commission may require such  communication only for the purpose of verifying that such agreements or contracts do  not contain clauses impeding the implementation of this Treaty.

On application by the Commission, the Court of Justice shall give a ruling on the  compatibility of such agreements or contracts with the provisions of this Treaty.

Article 105

The provisions of this Treaty shall not be invoked so as to prevent the  implementation of agreements or contracts concluded before its entry into force by a  Member State, a person or an undertaking with a third State, an international  organization or a national of a third State where such agreements or contracts have  been communicated to the Commission not later than 30 days after the entry into  force of this Treaty.

Agreements or contracts concluded between the signature and the entry into force of  this Treaty by a person or an undertaking with a third State, an international  organization or a national of a third State shall not, however, be invoked as grounds  for failure to implement this Treaty if; in the opinion of the Court of Justice, ruling on  an application from the Commission, one of the decisive reasons on the part of either  of the parties in concluding the agreement or contract was an intention to evade the  provisions of this Treaty.

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