Article 3
1. The Commission is hereby authorised to represent the European Community at the meetings of the Madrid Union Assembly held under the auspices of the World Intellectual Property Organisation. 2. On all matters within the sphere of competence of the Community with regard to the Community trade mark, the Commission shall negotiate in the Madrid Union Assembly on behalf of the Community in accordance with the following arrangements: (a) the position which the Community may adopt within the Assembly shall be prepared by the relevant Council working party or, if this is not possible, at on-the-spot meetings convened in the course of the work within the framework of the World Intellectual Property Organisation; (b) as regards decisions involving the amendment of Regulation (EC) No 40/94, or of any other act of the Council requiring unanimity, the Community position shall be adopted by the Council acting unanimously on a proposal from the Commission; (c) as regards other decisions affecting the Community trade mark, the Community position shall be adopted by the Council acting by a qualified majority on a proposal from the Commission. Done at Luxembourg, 27 October 2003. For the Council The President A. Matteoli (1) OJ C 293, 5.10.1996, p. 11. (2) OJ C 167, 2.6.1997, p. 252. (3) OJ C 89, 19.3.1997, p. 14. (4) OJ L 11, 14.1.1994, p. 1. Regulation as last amended by Regulation (EC) No 1653/2003, (OJ L 245, 29.9.2003, p. 36). (5) The Madrid Agreement concerning the international registration of marks as revised last at Stockholm on 14 July 1967 and as amended on 2 October 1979.