TREATY OF AMSTERDAM AMENDING THE TREATY ON EUROPEAN UNION, THE TREATIES ESTABLISHING THE EUROPEAN COMMUNITIES AND RELATED ACTS
Official Journal C 340, 10 November 1997
HIS MAJESTY THE KING OF THE BELGIANS,
HER MAJESTY THE QUEEN OF DENMARK,
THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY,
THE PRESIDENT OF THE HELLENIC REPUBLIC,
HIS MAJESTY THE KING OF SPAIN,
THE PRESIDENT OF THE FRENCH REPUBLIC,
THE COMMISSION AUTHORISED BY ARTICLE 14 OF THE CONSTITUTION OF IRELAND TO EXERCISE AND PERFORM THE POWERS AND FUNCTIONS OF
THE PRESIDENT OF IRELAND,
THE PRESIDENT OF THE ITALIAN REPUBLIC,
HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG,
HER MAJESTY THE QUEEN OF THE NETHERLANDS,
THE FEDERAL PRESIDENT OF THE REPUBLIC OF AUSTRIA,
THE PRESIDENT OF THE PORTUGUESE REPUBLIC,
THE PRESIDENT OF THE REPUBLIC OF FINLAND,
HIS MAJESTY THE KING OF SWEDEN,
HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
HAVE RESOLVED to amend the Treaty on European Union, the Treaties establishing the European Communities and certain related
acts,
and to this end have designated as their Plenipotentiaries:
HIS MAJESTY THE KING OF THE BELGIANS:
Mr. Erik DERYCKE,
Minister for Foreign Affairs;
HER MAJESTY THE QUEEN OF DENMARK:
Mr. Niels Helveg PETERSEN,
Minister for Foreign Affairs;
THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY:
Dr. Klaus KINKEL,
Federal Minister for Foreign Affairs and Deputy Federal Chancellor;
THE PRESIDENT OF THE HELLENIC REPUBLIC:
Mr. Theodoros PANGALOS,
Minister for Foreign Affairs;
HIS MAJESTY THE KING OF SPAIN:
Mr. Juan Abel MATUTES,
Minister for Foreign Affairs;
THE PRESIDENT OF THE FRENCH REPUBLIC:
Mr. Hubert VÉDRINE,
Minister for Foreign Affairs;
THE COMMISSION AUTHORISED BY ARTICLE 14 OF THE CONSTITUTION OF IRELAND TO EXERCISE AND PERFORM THE POWERS AND FUNCTIONS OF
THE PRESIDENT OF IRELAND:
Mr. Raphael P. BURKE,
Minister for Foreign Affairs;
THE PRESIDENT OF THE ITALIAN REPUBLIC:
Mr. Lamberto DINI,
Minister for Foreign Affairs;
HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG:
Mr. Jacques F. POOS,
Deputy Prime Minister, Minister for Foreign Affairs, Foreign Trade and Cooperation;
HER MAJESTY THE QUEEN OF THE NETHERLANDS:
Mr. Hans VAN MIERLO,
Deputy Prime Minister and Minister for Foreign Affairs;
THE FEDERAL PRESIDENT OF THE REPUBLIC OF AUSTRIA:
Mr. Wolfgang SCHÜSSEL,
Federal Minister for Foreign Affairs and Vice Chancellor;
THE PRESIDENT OF THE PORTUGUESE REPUBLIC:
Mr. Jaime GAMA,
Minister for Foreign Affairs;
THE PRESIDENT OF THE REPUBLIC OF FINLAND:
Ms. Tarja HALONEN,
Minister for Foreign Affairs;
HIS MAJESTY THE KING OF SWEDEN:
Ms. Lena HJELM-WALLÉN,
Minister for Foreign Affairs;
HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND:
Mr. Douglas HENDERSON,
Minister of State,
Foreign and Commonwealth Office;
WHO, having exchanged their full powers found in good and due form,
HAVE AGREED AS FOLLOWS:
PART ONE
SUBSTANTIVE AMENDMENTS
The Treaty on European Union shall be amended in accordance with the provisions of this Article.
1. After the third recital the following recital shall be inserted:
‘CONFIRMING their attachment to fundamental social rights as defined in the European Social Charter signed at Turin on 18
October 1961 and in the 1989 Community Charter of the Fundamental Social Rights of Workers,’
2. The existing seventh recital shall be replaced by the following:
‘DETERMINED
to promote economic and social progress for their peoples, taking into
account the principle of sustainable development and within the context
of the accomplishment of the internal market and of reinforced cohesion
and environmental protection, and to implement policies ensuring that
advances in economic integration are accompanied by parallel progress
in other fields,’ 3. The existing ninth and tenth recitals shall be replaced by the following:
‘RESOLVED
to implement a common foreign and security policy including the
progressive framing of a common defence policy, which might lead to a
common defence in accordance with the provisions of Article J.7,
thereby reinforcing the European identity and its independence in order
to promote peace, security and progress in Europe and in the world, RESOLVED to facilitate the free movement of persons, while ensuring the safety and security of their peoples, by establishing
an area of freedom, security and justice, in accordance with the provisions of this Treaty,’
4. In Article A the second paragraph shall be replaced by the following:
‘This Treaty marks a new stage in the process of creating an ever closer union among the peoples of Europe, in which decisions
are taken as openly as possible and as closely as possible to the citizen.’
5. Article B shall be replaced by the following:
‘Article B
The Union shall set itself the following objectives:
-
to promote economic and social progress and a high level of employment
and to achieve balanced and sustainable development, in particular
through the creation of an area without internal frontiers, through the
strengthening of economic and social cohesion and through the
establishment of economic and monetary union, ultimately including a
single currency in accordance with the provisions of this Treaty; - to assert its identity on the international scene, in
particular through the implementation of a common foreign and security
policy including the progressive framing of a common defence policy,
which might lead to a common defence, in accordance with the provisions
of Article J.7; - to strengthen the protection of the rights and interests of the nationals of its Member States through the introduction
of a citizenship of the Union;
-
to maintain and develop the Union as an area of freedom, security and
justice, in which the free movement of persons is assured in
conjunction with appropriate measures with respect to external border
controls, asylum, immigration and the prevention and combating of
crime; - to maintain in full the acquis communautaire and build
on it with a view to considering to what extent the policies and forms
of cooperation introduced by this Treaty may need to be revised with
the aim of ensuring the effectiveness of the mechanisms and the
institutions of the Community. The objectives of the Union shall be achieved as
provided in this Treaty and in accordance with the conditions and the
timetable set out therein while respecting the principle of
subsidiarity as defined in Article 3b of the Treaty establishing the
European Community.’ 6. In Article C, the second paragraph shall be replaced by the following:
‘The
Union shall in particular ensure the consistency of its external
activities as a whole in the context of its external relations,
security, economic and development policies. The Council and the
Commission shall be responsible for ensuring such consistency and shall
cooperate to this end. They shall ensure the implementation of these
policies, each in accordance with its respective powers.’ 7. Article E shall be replaced by the following:
‘Article E
The
European Parliament, the Council, the Commission, the Court of Justice
and the Court of Auditors shall exercise their powers under the
conditions and for the purposes provided for, on the one hand, by the
provisions of the Treaties establishing the European Communities and of
the subsequent Treaties and Acts modifying and supplementing them and,
on the other hand, by the other provisions of this Treaty.’ 8. Article F shall be amended as follows:
(a) paragraph 1 shall be replaced by the following:
‘1. The
Union is founded on the principles of liberty, democracy, respect for
human rights and fundamental freedoms, and the rule of law, principles
which are common to the Member States.’; (b) the existing paragraph 3 shall become paragraph 4 and a new paragraph 3 shall be inserted as follows:
‘3. The Union shall respect the national identities of its Member States.’
9. The following Article shall be inserted at the end of Title I:
‘Article F.1
1. The
Council, meeting in the composition of the Heads of State or Government
and acting by unanimity on a proposal by one third of the Member States
or by the Commission and after obtaining the assent of the European
Parliament, may determine the existence of a serious and persistent
breach by a Member State of principles mentioned in Article F(1), after
inviting the government of the Member State in question to submit its
observations. 2. Where such a determination has been made, the
Council, acting by a qualified majority, may decide to suspend certain
of the rights deriving from the application of this Treaty to the
Member State in question, including the voting rights of the
representative of the government of that Member State in the Council.
In doing so, the Council shall take into account the possible
consequences of such a suspension on the rights and obligations of
natural and legal persons. The obligations of the Member State in question under this Treaty shall in any case continue to be binding on that State.
3. The Council, acting by a qualified majority, may decide subsequently to vary or revoke measures taken under paragraph 2
in response to changes in the situation which led to their being imposed.
4. For
the purposes of this Article, the Council shall act without taking into
account the vote of the representative of the government of the Member
State in question. Abstentions by members present in person or
represented shall not prevent the adoption of decisions referred to in
paragraph 1. A qualified majority shall be defined as the same
proportion of the weighted votes of the members of the Council
concerned as laid down in Article 148(2) of the Treaty establishing the
European Community. This paragraph shall also apply in the event of voting rights being suspended pursuant to paragraph 2.
5. For
the purposes of this Article, the European Parliament shall act by a
two thirds majority of the votes cast, representing a majority of its
members.’ 10. Title V shall be replaced by the following:
‘Title V
PROVISIONS ON A COMMON FOREIGN AND SECURITY POLICY
Article J.1
1. The
Union shall define and implement a common foreign and security policy
covering all areas of foreign and security policy, the objectives of
which shall be: - to safeguard the common values, fundamental interests,
independence and integrity of the Union in conformity with the
principles of the United Nations Charter; - to strengthen the security of the Union in all ways;
-
to preserve peace and strengthen international security, in accordance
with the principles of the United Nations Charter, as well as the
principles of the Helsinki Final Act and the objectives of the Paris
Charter, including those on external borders; - to promote international cooperation;
- to develop and consolidate democracy and the rule of law, and respect for human rights and fundamental freedoms.
2. The
Member States shall support the Union's external and security policy
actively and unreservedly in a spirit of loyalty and mutual solidarity.
The Member States shall work together to enhance and
develop their mutual political solidarity. They shall refrain from any
action which is contrary to the interests of the Union or likely to
impair its effectiveness as a cohesive force in international
relations. The Council shall ensure that these principles are complied with.
Article J.2
The Union shall pursue the objectives set out in Article J.1 by:
- defining the principles of and general guidelines for the common foreign and security policy;
- deciding on common strategies;
- adopting joint actions;
- adopting common positions;
- strengthening systematic cooperation between Member States in the conduct of policy.
Article J.3
1. The European Council shall define the principles of and general guidelines for the common foreign and security policy,
including for matters with defence implications.
2. The European Council shall decide on common strategies to be implemented by the Union in areas where the Member States
have important interests in common.
Common strategies shall set out their objectives, duration and the means to be made available by the Union and the Member
States.
3. The Council shall take the decisions necessary for defining and implementing the common foreign and security policy on
the basis of the general guidelines defined by the European Council.
The Council shall recommend common strategies to the European Council and shall implement them, in particular by adopting
joint actions and common positions.
The Council shall ensure the unity, consistency and effectiveness of action by the Union.
Article J.4
1. The Council shall adopt joint actions. Joint actions shall address specific situations where operational action by the
Union is deemed to be required. They shall lay down their objectives, scope, the means to be made available to the Union,
if necessary their duration, and the conditions for their implementation.
2. If
there is a change in circumstances having a substantial effect on a
question subject to joint action, the Council shall review the
principles and objectives of that action and take the necessary
decisions. As long as the Council has not acted, the joint action shall
stand. 3. Joint actions shall commit the Member States in the positions they adopt and in the conduct of their activity.
4. The
Council may request the Commission to submit to it any appropriate
proposals relating to the common foreign and security policy to ensure
the implementation of a joint action. 5. Whenever there is any plan to adopt a national
position or take national action pursuant to a joint action,
information shall be provided in time to allow, if necessary, for prior
consultations within the Council. The obligation to provide prior
information shall not apply to measures which are merely a national
transposition of Council decisions. 6. In cases of imperative need arising from changes
in the situation and failing a Council decision, Member States may take
the necessary measures as a matter of urgency having regard to the
general objectives of the joint action. The Member State concerned
shall inform the Council immediately of any such measures. 7. Should there be any major difficulties in
implementing a joint action, a Member State shall refer them to the
Council which shall discuss them and seek appropriate solutions. Such
solutions shall not run counter to the objectives of the joint action
or impair its effectiveness. Article J.5
The Council shall adopt common
positions. Common positions shall define the approach of the Union to a
particular matter of a geographical or thematic nature. Member States
shall ensure that their national policies conform to the common
positions. Article J.6
Member States shall inform and
consult one another within the Council on any matter of foreign and
security policy of general interest in order to ensure that the Union's
influence is exerted as effectively as possible by means of concerted
and convergent action. Article J.7
1. The common foreign and
security policy shall include all questions relating to the security of
the Union, including the progressive framing of a common defence
policy, in accordance with the second subparagraph, which might lead to
a common defence, should the European Council so decide. It shall in
that case recommend to the Member States the adoption of such a
decision in accordance with their respective constitutional
requirements. The Western European Union (WEU) is an integral part of
the development of the Union providing the Union with access to an
operational capability notably in the context of paragraph 2. It
supports the Union in framing the defence aspects of the common foreign
and security policy as set out in this Article. The Union shall
accordingly foster closer institutional relations with the WEU with a
view to the possibility of the integration of the WEU into the Union,
should the European Council so decide. It shall in that case recommend
to the Member States the adoption of such a decision in accordance with
their respective constitutional requirements. The policy of the Union in accordance with this Article
shall not prejudice the specific character of the security and defence
policy of certain Member States and shall respect the obligations of
certain Member States, which see their common defence realised in the
North Atlantic Treaty Organisation (NATO), under the North Atlantic
Treaty and be compatible with the common security and defence policy
established within that framework. The progressive framing of a common defence policy will be supported, as Member States consider appropriate, by cooperation
between them in the field of armaments.
2. Questions
referred to in this Article shall include humanitarian and rescue
tasks, peace-keeping tasks and tasks of combat forces in crisis
management, including peacemaking. 3. The Union will avail itself of the WEU to elaborate and implement decisions and actions of the Union which have defence
implications.
The competence of the European Council to establish guidelines in accordance with Article J.3 shall also obtain in respect
of the WEU for those matters for which the Union avails itself of the WEU.
When
the Union avails itself of the WEU to elaborate and implement decisions
of the Union on the tasks referred to in paragraph 2 all Member States
of the Union shall be entitled to participate fully in the tasks in
question. The Council, in agreement with the institutions of the WEU,
shall adopt the necessary practical arrangements to allow all Member
States contributing to the tasks in question to participate fully and
on an equal footing in planning and decision taking in the WEU. Decisions having defence implications dealt with under this paragraph shall be taken without prejudice to the policies and
obligations referred to in paragraph 1, third subparagraph.
4. The
provisions of this Article shall not prevent the development of closer
cooperation between two or more Member States on a bilateral level, in
the framework of the WEU and the Atlantic Alliance, provided such
cooperation does not run counter to or impede that provided for in this
Title. 5. With a view to furthering the objectives of this Article, the provisions of this Article will be reviewed in accordance
with Article N.
Article J.8
1. The Presidency shall represent the Union in matters coming within the common foreign and security policy.
2. The
Presidency shall be responsible for the implementation of decisions
taken under this Title; in that capacity it shall in principle express
the position of the Union in international organisations and
international conferences. 3. The Presidency shall be assisted by the
Secretary-General of the Council who shall exercise the function of
High Representative for the common foreign and security policy. 4. The Commission shall be fully associated in the
tasks referred to in paragraphs 1 and 2. The Presidency shall be
assisted in those tasks if need be by the next Member State to hold the
Presidency. 5. The Council may, whenever it deems it necessary,
appoint a special representative with a mandate in relation to
particular policy issues. Article J.9
1. Member States shall coordinate their action in international organisations and at international conferences. They shall
uphold the common positions in such fora.
In international organisations and at international conferences where not all the Member States participate, those which do
take part shall uphold the common positions.
2. Without
prejudice to paragraph 1 and Article J.4(3), Member States represented
in international organisations or international conferences where not
all the Member States participate shall keep the latter informed of any
matter of common interest. Member States which are also members of the United
Nations Security Council will concert and keep the other Member States
fully informed. Member States which are permanent members of the
Security Council will, in the execution of their functions, ensure the
defence of the positions and the interests of the Union, without
prejudice to their responsibilities under the provisions of the United
Nations Charter. Article J.10
The diplomatic and consular
missions of the Member States and the Commission Delegations in third
countries and international conferences, and their representations to
international organisations, shall cooperate in ensuring that the
common positions and joint actions adopted by the Council are complied
with and implemented. They shall step up cooperation by exchanging information, carrying out joint assessments and contributing to the implementation
of the provisions referred to in Article 8c of the Treaty establishing the European Community.
Article J.11
The
Presidency shall consult the European Parliament on the main aspects
and the basic choices of the common foreign and security policy and
shall ensure that the views of the European Parliament are duly taken
into consideration. The European Parliament shall be kept regularly
informed by the Presidency and the Commission of the development of the
Union's foreign and security policy. The European Parliament may ask questions of the Council or make recommendations to it. It shall hold an annual debate on
progress in implementing the common foreign and security policy.
Article J.12
1. Any
Member State or the Commission may refer to the Council any questions
relating to the common foreign and security policy and may submit
proposals to the Council. 2. In cases requiring a rapid decision, the
Presidency, of its own motion, or at the request of the Commission or a
Member State, shall convene an extraordinary Council meeting within
forty-eight hours or, in an emergency, within a shorter period. Article J.13
1. Decisions under this Title shall be taken by the Council acting unanimously. Abstentions by members present in person or
represented shall not prevent the adoption of such decisions.
When
abstaining in a vote, any member of the Council may qualify its
abstention by making a formal declaration under the present
subparagraph. In that case, it shall not be obliged to apply the
decision, but shall accept that the decision commits the Union. In a
spirit of mutual solidarity, the Member State concerned shall refrain
from any action likely to conflict with or impede Union action based on
that decision and the other Member States shall respect its position.
If the members of the Council qualifying their abstention in this way
represent more than one third of the votes weighted in accordance with
Article 148(2) of the Treaty establishing the European Community, the
decision shall not be adopted. 2. By derogation from the provisions of paragraph 1, the Council shall act by qualified majority:
- when adopting joint actions, common positions or taking any other decision on the basis of a common strategy;
- when adopting any decision implementing a joint action or a common position.
If
a member of the Council declares that, for important and stated reasons
of national policy, it intends to oppose the adoption of a decision to
be taken by qualified majority, a vote shall not be taken. The Council
may, acting by a qualified majority, request that the matter be
referred to the European Council for decision by unanimity. The votes of the members of the Council shall be weighted in accordance with Article 148(2) of the Treaty establishing the
European Community. For their adoption, decisions shall require at least 62 votes in favour, cast by at least 10 members.
This paragraph shall not apply to decisions having military or defence implications.
3. For procedural questions, the Council shall act by a majority of its members.
Article J.14
When
it is necessary to conclude an agreement with one or more States or
international organisations in implementation of this Title, the
Council, acting unanimously, may authorise the Presidency, assisted by
the Commission as appropriate, to open negotiations to that effect.
Such agreements shall be concluded by the Council acting unanimously on
a recommendation from the Presidency. No agreement shall be binding on
a Member State whose representative in the Council states that it has
to comply with the requirements of its own constitutional procedure;
the other members of the Council may agree that the agreement shall
apply provisionally to them. The provisions of this Article shall also apply to matters falling under Title VI.
Article J.15
Without
prejudice to Article 151 of the Treaty establishing the European
Community, a Political Committee shall monitor the international
situation in the areas covered by the common foreign and security
policy and contribute to the definition of policies by delivering
opinions to the Council at the request of the Council or on its own
initiative. It shall also monitor the implementation of agreed
policies, without prejudice to the responsibility of the Presidency and
the Commission. Article J.16
The Secretary-General of the
Council, High Representative for the common foreign and security
policy, shall assist the Council in matters coming within the scope of
the common foreign and security policy, in particular through
contributing to the formulation, preparation and implementation of
policy decisions, and, when appropriate and acting on behalf of the
Council at the request of the Presidency, through conducting political
dialogue with third parties. Article J.17
The Commission shall be fully associated with the work carried out in the common foreign and security policy field.
Article J.18
1. Articles
137, 138, 139 to 142, 146, 147, 150 to 153, 157 to 163, 191a and 217 of
the Treaty establishing the European Community shall apply to the
provisions relating to the areas referred to in this Title. 2. Administrative expenditure which the provisions
relating to the areas referred to in this Title entail for the
institutions shall be charged to the budget of the European
Communities. 3. Operational expenditure to which the
implementation of those provisions gives rise shall also be charged to
the budget of the European Communities, except for such expenditure
arising from operations having military or defence implications and
cases where the Council acting unanimously decides otherwise. In cases where expenditure is not charged to the budget
of the European Communities it shall be charged to the Member States in
accordance with the gross national product scale, unless the Council
acting unanimously decides otherwise. As for expenditure arising from
operations having military or defence implications, Member States whose
representatives in the Council have made a formal declaration under
Article J.13(1), second subparagraph, shall not be obliged to
contribute to the financing thereof. 4. The budgetary procedure laid down in the Treaty
establishing the European Community shall apply to the expenditure
charged to the budget of the European Communities.’ 11. Title VI shall be replaced by the following:
‘Title VI
PROVISIONS ON POLICE AND JUDICIAL COOPERATION IN CRIMINAL MATTERS
Article K.1
Without prejudice to the powers of the European Community, the Union's objective shall be to provide citizens with a high
level of safety within an area of freedom, security and justice by developing common action among the Member States in the
fields of police and judicial cooperation in criminal matters and by preventing and combating racism and xenophobia.
That
objective shall be achieved by preventing and combating crime,
organised or otherwise, in particular terrorism, trafficking in persons
and offences against children, illicit drug trafficking and illicit
arms trafficking, corruption and fraud, through: - closer cooperation between police forces, customs authorities and other competent authorities in the Member States, both
directly and through the European Police Office (Europol), in accordance with the provisions of Articles K.2 and K.4;
- closer cooperation between judicial and other competent authorities of the Member States in accordance with the provisions
of Articles K.3(a) to (d) and K.4;
- approximation, where necessary, of rules on criminal matters in the Member States, in accordance with the provisions of
Article K.3(e).
Article K.2
1. Common action in the field of police cooperation shall include:
(a)
operational cooperation between the competent authorities, including
the police, customs and other specialised law enforcement services of
the Member States in relation to the prevention, detection and
investigation of criminal offences; (b) the collection, storage, processing, analysis and
exchange of relevant information, including information held by law
enforcement services on reports on suspicious financial transactions,
in particular through Europol, subject to appropriate provisions on the
protection of personal data; (c) cooperation and joint initiatives in training, the exchange of liaison officers, secondments, the use of equipment, and
forensic research;
(d) the common evaluation of particular investigative techniques in relation to the detection of serious forms of organised
crime.
2. The Council shall promote cooperation through Europol and shall in particular, within a period of five years after the
date of entry into force of the Treaty of Amsterdam:
(a)
enable Europol to facilitate and support the preparation, and to
encourage the coordination and carrying out, of specific investigative
actions by the competent authorities of the Member States, including
operational actions of joint teams comprising representatives of
Europol in a support capacity; (b) adopt measures allowing Europol to ask the competent
authorities of the Member States to conduct and coordinate their
investigations in specific cases and to develop specific expertise
which may be put at the disposal of Member States to assist them in
investigating cases of organised crime; (c) promote liaison arrangements between prosecuting/investigating officials specialising in the fight against organised crime
in close cooperation with Europol;
(d) establish a research, documentation and statistical network on cross-border crime.
Article K.3
Common action on judicial cooperation in criminal matters shall include:
(a) facilitating and accelerating cooperation between competent ministries and judicial or equivalent authorities of the Member
States in relation to proceedings and the enforcement of decisions;
(b) facilitating extradition between Member States;
(c) ensuring compatibility in rules applicable in the Member States, as may be necessary to improve such cooperation;
(d) preventing conflicts of jurisdiction between Member States;
(e) progressively adopting measures establishing minimum rules relating to the constituent elements of criminal acts and to
penalties in the fields of organised crime, terrorism and illicit drug trafficking.
Article K.4
The
Council shall lay down the conditions and limitations under which the
competent authorities referred to in Articles K.2 and K.3 may operate
in the territory of another Member State in liaison and in agreement
with the authorities of that State. Article K.5
This Title shall not affect the exercise of the responsibilities incumbent upon Member States with regard to the maintenance
of law and order and the safeguarding of internal security.
Article K.6
1. In
the areas referred to in this Title, Member States shall inform and
consult one another within the Council with a view to coordinating
their action. To that end, they shall establish collaboration between
the relevant departments of their administrations. 2. The Council shall take measures and promote
cooperation, using the appropriate form and procedures as set out in
this Title, contributing to the pursuit of the objectives of the Union.
To that end, acting unanimously on the initiative of any Member State
or of the Commission, the Council may: (a) adopt common positions defining the approach of the Union to a particular matter;
(b)
adopt framework decisions for the purpose of approximation of the laws
and regulations of the Member States. Framework decisions shall be
binding upon the Member States as to the result to be achieved but
shall leave to the national authorities the choice of form and methods.
They shall not entail direct effect; (c) adopt decisions for any other purpose consistent
with the objectives of this Title, excluding any approximation of the
laws and regulations of the Member States. These decisions shall be
binding and shall not entail direct effect; the Council, acting by a
qualified majority, shall adopt measures necessary to implement those
decisions at the level of the Union; (d) establish conventions which it shall recommend to
the Member States for adoption in accordance with their respective
constitutional requirements. Member States shall begin the procedures
applicable within a time limit to be set by the Council. Unless they provide otherwise, conventions shall, once adopted by at least half of the Member States, enter into force for
those Member States. Measures implementing conventions shall be adopted within the Council by a majority of two-thirds of
the Contracting Parties.
3. Where the Council is required to act by a qualified majority, the votes of its members shall be weighted as laid down in
Article 148(2) of the Treaty establishing the European Community, and for their adoption acts of the Council shall require
at least 62 votes in favour, cast by at least 10 members.
4. For procedural questions, the Council shall act by a majority of its members.
Article K.7
1. The
Court of Justice of the European Communities shall have jurisdiction,
subject to the conditions laid down in this Article, to give
preliminary rulings on the validity and interpretation of framework
decisions, and decisions on the interpretation of conventions
established under this Title and on the validity and interpretation of
the measures implementing them. 2. By a declaration made at the time of signature
of the Treaty of Amsterdam or at any time thereafter, any Member State
shall be able to accept the jurisdiction of the Court of Justice to
give preliminary rulings as specified in paragraph 1. 3. A Member State making a declaration pursuant to paragraph 2 shall specify that either:
(a)
any court or tribunal of that State against whose decisions there is no
judicial remedy under national law may request the Court of Justice to
give a preliminary ruling on a question raised in a case pending before
it and concerning the validity or interpretation of an act referred to
in paragraph 1 if that court or tribunal considers that a decision on
the question is necessary to enable it to give judgment, or (b) any court or tribunal of that State may request the
Court of Justice to give a preliminary ruling on a question raised in a
case pending before it and concerning the validity or interpretation of
an act referred to in paragraph 1 if that court or tribunal considers
that a decision on the question is necessary to enable it to give
judgment. 4. Any Member State, whether or not it has made a
declaration pursuant to paragraph 2, shall be entitled to submit
statements of case or written observations to the Court in cases which
arise under paragraph 1. 5. The Court of Justice shall have no jurisdiction
to review the validity or proportionality of operations carried out by
the police or other law enforcement services of a Member State or the
exercise of the responsibilities incumbent upon Member States with
regard to the maintenance of law and order and the safeguarding of
internal security. 6. The Court of Justice shall have jurisdiction to
review the legality of framework decisions and decisions in actions
brought by a Member State or the Commission on grounds of lack of
competence, infringement of an essential procedural requirement,
infringement of this Treaty or of any rule of law relating to its
application, or misuse of powers. The proceedings provided for in this
paragraph shall be instituted within two months of the publication of
the measure. 7. The Court of Justice shall have jurisdiction to
rule on any dispute between Member States regarding the interpretation
or the application of acts adopted under Article K.6(2) whenever such
dispute cannot be settled by the Council within six months of its being
referred to the Council by one of its members. The Court shall also
have jurisdiction to rule on any dispute between Member States and the
Commission regarding the interpretation or the application of
conventions established under Article K.6(2)(d). Article K.8
1. A Coordinating Committee shall be set up consisting of senior officials. In addition to its coordinating role, it shall
be the task of the Committee to:
- give opinions for the attention of the Council, either at the Council's request or on its own initiative;
- contribute, without prejudice to Article 151 of the Treaty establishing the European Community, to the preparation of the
Council's discussions in the areas referred to in Article K.1.
2. The Commission shall be fully associated with the work in the areas referred to in this Title.
Article K.9
Within international organisations and at international conferences in which they take part, Member States shall defend the
common positions adopted under the provisions of this Title.
Articles J.8 and J.9 shall apply as appropriate to matters falling under this Title.
Article K.10
Agreements referred to in Article J.14 may cover matters falling under this Title.
Article K.11
1. The Council shall consult the European Parliament before adopting any measure referred to in Article K.6(2)(b), (c) and
(d). The European Parliament shall deliver its opinion within a time-limit which the Council may lay down, which shall not
be less than three months. In the absence of an opinion within that time-limit, the Council may act.
2. The Presidency and the Commission shall regularly inform the European Parliament of discussions in the areas covered by
this Title.
3. The
European Parliament may ask questions of the Council or make
recommendations to it. Each year, it shall hold a debate on the
progress made in the areas referred to in this Title. Article K.12
1. Member States which
intend to establish closer cooperation between themselves may be
authorised, subject to Articles K.15 and K.16, to make use of the
institutions, procedures and mechanisms laid down by the Treaties
provided that the cooperation proposed: (a) respects the powers of the European Community, and the objectives laid down by this Title;
(b) has the aim of enabling the Union to develop more rapidly into an area of freedom, security and justice.
2. The
authorisation referred to in paragraph 1 shall be granted by the
Council, acting by a qualified majority at the request of the Member
States concerned and after inviting the Commission to present its
opinion; the request shall also be forwarded to the European
Parliament. If a member of the Council declares that, for important
and stated reasons of national policy, it intends to oppose the
granting of an authorisation by qualified majority, a vote shall not be
taken. The Council may, acting by a qualified majority, request that
the matter be referred to the European Council for decision by
unanimity. The votes of the members of the Council shall be weighted in accordance with Article 148(2) of the Treaty establishing the
European Community. For their adoption, decisions shall require at least 62 votes in favour, cast by at least 10 members.
3. Any
Member State which wishes to become a party to cooperation set up in
accordance with this Article shall notify its intention to the Council
and to the Commission, which shall give an opinion to the Council
within three months of receipt of that notification, possibly
accompanied by a recommendation for such specific arrangements as it
may deem necessary for that Member State to become a party to the
cooperation in question. Within four months of the date of that
notification, the Council shall decide on the request and on such
specific arrangements as it may deem necessary. The decision shall be
deemed to be taken unless the Council, acting by a qualified majority,
decides to hold it in abeyance; in this case, the Council shall state
the reasons for its decision and set a deadline for re-examining it.
For the purposes of this paragraph, the Council shall act under the
conditions set out in Article K.16. 4. The provisions of Articles K.1 to K.13 shall
apply to the closer cooperation provided for by this Article, save as
otherwise provided for in this Article and in Articles K.15 and K.16. The provisions of the Treaty establishing the European Community concerning the powers of the Court of Justice of the European
Communities and the exercise of those powers shall apply to paragraphs 1, 2 and 3.
5. This Article is without prejudice to the provisions of the Protocol integrating the Schengen acquis into the framework
of the European Union.
Article K.13
1. Articles 137, 138, 138e, 139 to 142, 146, 147, 148(3), 150 to 153, 157 to 163, 191a and 217 of the Treaty establishing
the European Community shall apply to the provisions relating to the areas referred to in this Title.
2. Administrative
expenditure which the provisions relating to the areas referred to in
this Title entail for the institutions shall be charged to the budget
of the European Communities. 3. Operational expenditure to which the
implementation of those provisions gives rise shall also be charged to
the budget of the European Communities, except where the Council acting
unanimously decides otherwise. In cases where expenditure is not
charged to the budget of the European Communities it shall be charged
to the Member States in accordance with the gross national product
scale, unless the Council acting unanimously decides otherwise. 4. The budgetary procedure laid down in the Treaty
establishing the European Community shall apply to the expenditure
charged to the budget of the European Communities. Article K.14
The Council, acting
unanimously on the initiative of the Commission or a Member State, and
after consulting the European Parliament, may decide that action in
areas referred to in Article K.1 shall fall under Title IIIa of the
Treaty establishing the European Community, and at the same time
determine the relevant voting conditions relating to it. It shall
recommend the Member States to adopt that decision in accordance with
their respective constitutional requirements.’ 12. The following new Title shall be inserted:
‘Title VIa
PROVISIONS ON CLOSER COOPERATION
Article K.15
1. Member
States which intend to establish closer cooperation between themselves
may make use of the institutions, procedures and mechanisms laid down
by this Treaty and the Treaty establishing the European Community
provided that the cooperation: (a) is aimed at furthering the objectives of the Union and at protecting and serving its interests;
(b) respects the principles of the said Treaties and the single institutional framework of the Union;
(c) is only used as a last resort, where the objectives of the said Treaties could not be attained by applying the relevant
procedures laid down therein;
(d) concerns at least a majority of Member States;
(e) does not affect the acquis communautaire and the measures adopted under the other provisions of the said Treaties;
(f) does not affect the competences, rights, obligations and interests of those Member States which do not participate therein;
(g) is open to all Member States and allows them to become parties to the cooperation at any time, provided that they comply
with the basic decision and with the decisions taken within that framework;
(h) complies with the specific additional criteria laid down in Article 5a of the Treaty establishing the European Community
and Article K.12 of this Treaty, depending on the area concerned, and is authorised by the Council in accordance with the
procedures laid down therein.
2. Member
States shall apply, as far as they are concerned, the acts and
decisions adopted for the implementation of the cooperation in which
they participate. Member States not participating in such cooperation
shall not impede the implementation thereof by the participating Member
States. Article K.16
1. For the purposes of
the adoption of the acts and decisions necessary for the implementation
of the cooperation referred to in Article K.15, the relevant
institutional provisions of this Treaty and of the Treaty establishing
the European Community shall apply. However, while all members of the
Council shall be able to take part in the deliberations, only those
representing participating Member States shall take part in the
adoption of decisions. The qualified majority shall be defined as the
same proportion of the weighted votes of the members of the Council
concerned as laid down in Article 148(2) of the Treaty establishing the
European Community. Unanimity shall be constituted by only those
Council members concerned. 2. Expenditure resulting from implementation of the
cooperation, other than administrative costs entailed for the
institutions, shall be borne by the participating Member States, unless
the Council, acting unanimously, decides otherwise. Article K.17
The Council and the
Commission shall regularly inform the European Parliament of the
development of closer cooperation established on the basis of this
Title.’ 13. Article L shall be replaced by the following:
‘Article L
The
provisions of the Treaty establishing the European Community, the
Treaty establishing the European Coal and Steel Community and the
Treaty establishing the European Atomic Energy Community concerning the
powers of the Court of Justice of the European Communities and the
exercise of those powers shall apply only to the following provisions
of this Treaty: (a) provisions amending the Treaty establishing the
European Economic Community with a view to establishing the European
Community, the Treaty establishing the European Coal and Steel
Community and the Treaty establishing the European Atomic Energy
Community; (b) provisions of Title VI, under the conditions provided for by Article K.7;
(c) provisions of Title VIa, under the conditions provided for by Article 5a of the Treaty establishing the European Community
and Article K.12 of this Treaty;
(d)
Article F(2) with regard to action of the institutions, insofar as the
Court has jurisdiction under the Treaties establishing the European
Communities and under this Treaty; (e) Articles L to S.’
14. In Article N, paragraph 2 shall be deleted and paragraph 1 shall remain without a number.
15. In Article O, the first paragraph shall be replaced by the following:
‘Any
European State which respects the principles set out in Article F(1)
may apply to become a member of the Union. It shall address its
application to the Council, which shall act unanimously after
consulting the Commission and after receiving the assent of the
European Parliament, which shall act by an absolute majority of its
component members.’ 16. In Article S, a new paragraph shall be added as follows:
‘Pursuant to the 1994 Accession Treaty, the Finnish and Swedish versions of this Treaty shall also be authentic.’
The Treaty establishing the European Community shall be amended in accordance with the provisions of this Article.
1. In the preamble the following recital shall be inserted after the eighth recital:
‘DETERMINED to promote the development of the highest possible level of knowledge for their peoples through a wide access
to education and through its continuous updating,’
2. Article 2 shall be replaced by the following:
‘Article 2
The
Community shall have as its task, by establishing a common market and
an economic and monetary union and by implementing common policies or
activities referred to in Articles 3 and 3a, to promote throughout the
Community a harmonious, balanced and sustainable development of
economic activities, a high level of employment and of social
protection, equality between men and women, sustainable and
non-inflationary growth, a high degree of competitiveness and
convergence of economic performance, a high level of protection and
improvement of the quality of the environment, the raising of the
standard of living and quality of life, and economic and social
cohesion and solidarity among Member States.’ 3. Article 3 shall be amended as follows:
(a) the existing text shall be numbered and become paragraph 1;
(b) in new paragraph 1, point (d) shall be replaced by the following:
‘(d) measures concerning the entry and movement of persons as provided for in Title IIIa;’;
(c) in new paragraph 1, the following new point (i) shall be inserted after point (h):
‘(i) the promotion of coordination between employment policies of the Member States with a view to enhancing their effectiveness
by developing a coordinated strategy for employment;’
(d) in new paragraph 1, the existing point (i) shall become point (j) and the subsequent points shall be renumbered accordingly;
(e) the following paragraph shall be added:
‘2. In
all the activities referred to in this Article, the Community shall aim
to eliminate inequalities, and to promote equality, between men and
women.’ 4. The following Article shall be inserted:
‘Article 3c
Environmental protection requirements must be integrated into the definition and implementation of the Community policies
and activities referred to in Article 3, in particular with a view to promoting sustainable development.’
5. The following Article shall be inserted:
‘Article 5a
1. Member
States which intend to establish closer cooperation between themselves
may be authorised, subject to Articles K.15 and K.16 of the Treaty on
the European Union, to make use of the institutions, procedures and
mechanisms laid down by this Treaty, provided that the cooperation
proposed: (a) does not concern areas which fall within the exclusive competence of the Community;
(b) does not affect Community policies, actions or programmes;
(c) does not concern the citizenship of the Union or discriminate between nationals of Member States;
(d) remains within the limits of the powers conferred upon the Community by this Treaty; and
(e) does not constitute a discrimination or a restriction of trade between Member States and does not distort the conditions
of competition between the latter.
2. The
authorisation referred to in paragraph 1 shall be granted by the
Council, acting by a qualified majority on a proposal from the
Commission and after consulting the European Parliament. If a member of the Council declares that, for important
and stated reasons of national policy, it intends to oppose the
granting of an authorisation by qualified majority, a vote shall not be
taken. The Council may, acting by a qualified majority, request that
the matter be referred to the Council, meeting in the composition of
the Heads of State or Government, for decision by unanimity. Member States which intend to establish closer
cooperation as referred to in paragraph 1 may address a request to the
Commission, which may submit a proposal to the Council to that effect.
In the event of the Commission not submitting a proposal, it shall
inform the Member States concerned of the reasons for not doing so. 3. Any Member State which wishes to become a party
to cooperation set up in accordance with this Article shall notify its
intention to the Council and to the Commission, which shall give an
opinion to the Council within three months of receipt of that
notification. Within four months of the date of that notification, the
Commission shall decide on it and on such specific arrangements as it
may deem necessary. 4. The acts and decisions necessary for the
implementation of cooperation activities shall be subject to all the
relevant provisions of this Treaty, save as otherwise provided for in
this Article and in Articles K.15 and K.16 of the Treaty on European
Union. 5. This Article is without prejudice to the provisions of the Protocol integrating the Schengen acquis into the framework
of the European Union.’
6. In Article 6, the second paragraph shall be replaced by the following:
‘The Council, acting in accordance with the procedure referred to in Article 189b, may adopt rules designed to prohibit such
discrimination.’
7. The following Article shall be inserted:
‘Article 6a
Without
prejudice to the other provisions of this Treaty and within the limits
of the powers conferred by it upon the Community, the Council, acting
unanimously on a proposal from the Commission and after consulting the
European Parliament, may take appropriate action to combat
discrimination based on sex, racial or ethnic origin, religion or
belief, disability, age or sexual orientation.’ 8. The following Article shall be inserted at the end of Part One:
‘Article 7d
Without
prejudice to Articles 77, 90 and 92, and given the place occupied by
services of general economic interest in the shared values of the Union
as well as their role in promoting social and territorial cohesion, the
Community and the Member States, each within their respective powers
and within the scope of application of this Treaty, shall take care
that such services operate on the basis of principles and conditions
which enable them to fulfil their missions.’ 9. Article 8(1) shall be replaced by the following:
‘1. Citizenship
of the Union is hereby established. Every person holding the
nationality of a Member State shall be a citizen of the Union.
Citizenship of the Union shall complement and not replace national
citizenship.’ 10. Article 8a(2) shall be replaced by the following:
‘2. The
Council may adopt provisions with a view to facilitating the exercise
of the rights referred to in paragraph 1; save as otherwise provided in
this Treaty, the Council shall act in accordance with the procedure
referred to in Article 189b. The Council shall act unanimously
throughout this procedure.’ 11. In Article 8d, the following paragraph shall be added:
‘Every citizen of the Union may write to any of the institutions or bodies referred to in this Article or in Article 4 in
one of the languages mentioned in Article 248 and have an answer in the same language.’
12. Article 51 shall be replaced by the following:
‘Article 51
The
Council shall, acting in accordance with the procedure referred to in
Article 189b, adopt such measures in the field of social security as
are necessary to provide freedom of movement for workers; to this end,
it shall make arrangements to secure for migrant workers and their
dependants: (a) aggregation, for the purpose of acquiring and retaining the right to benefit and of calculating the amount of benefit,
of all periods taken into account under the laws of the several countries;
(b) payment of benefits to persons resident in the territories of Member States.
The Council shall act unanimously throughout the procedure referred to in Article 189b.’
13. Article 56(2) shall be replaced by the following:
‘2. The
Council shall, acting in accordance with the procedure referred to in
Article 189b, issue directives for the coordination of the
abovementioned provisions.’ 14. Article 57(2) shall be replaced by the following:
‘2. For
the same purpose, the Council shall, acting in accordance with the
procedure referred to in Article 189b, issue directives for the
coordination of the provisions laid down by law, regulation or
administrative action in Member States concerning the taking-up and
pursuit of activities as self-employed persons. The Council, acting
unanimously throughout the procedure referred to in Article 189b, shall
decide on directives the implementation of which involves in at least
one Member State amendment of the existing principles laid down by law
governing the professions with respect to training and conditions of
access for natural persons. In other cases the Council shall act by
qualified majority.’ 15. The following title shall be inserted in Part Three:
‘Title IIIa
VISAS, ASYLUM, IMMIGRATION AND OTHER POLICIES RELATED TO FREE MOVEMENT OF PERSONS
Article 73i
In order to establish progressively an area of freedom, security and justice, the Council shall adopt:
(a) within a period of five years after the entry into force of the Treaty of Amsterdam, measures aimed at ensuring the free
movement of persons in accordance with Article 7a, in conjunction with directly related flanking measures with respect to
external border controls, asylum and immigration, in accordance with the provisions of Article 73j(2) and (3) and Article
73k(1)(a) and (2)(a), and measures to prevent and combat crime in accordance with the provisions of Article K.3(e) of the
Treaty on European Union;
(b)
other measures in the fields of asylum, immigration and safeguarding
the rights of nationals of third countries, in accordance with the
provisions of Article 73k; (c) measures in the field of judicial cooperation in civil matters as provided for in Article 73m;
(d) appropriate measures to encourage and strengthen administrative cooperation, as provided for in Article 73n;
(e) measures in the field of police and judicial cooperation in criminal matters aimed at a high level of security by preventing
and combating crime within the Union in accordance with the provisions of the Treaty on European Union.
Article 73j
The Council, acting in accordance with the procedure referred to in Article 73o, shall, within a period of five years after
the entry into force of the Treaty of Amsterdam, adopt:
(1) measures with a view to ensuring, in compliance with Article 7a, the absence of any controls on persons, be they citizens
of the Union or nationals of third countries, when crossing internal borders;
(2) measures on the crossing of the external borders of the Member States which shall establish:
(a) standards and procedures to be followed by Member States in carrying out checks on persons at such borders;
(b) rules on visas for intended stays of no more than three months, including:
(i) the list of third countries whose nationals must be in possession of visas when crossing the external borders and those
whose nationals are exempt from that requirement;
(ii) the procedures and conditions for issuing visas by Member States;
(iii) a uniform format for visas;
(iv) rules on a uniform visa;
(3) measures setting out the conditions under which nationals of third countries shall have the freedom to travel within the
territory of the Member States during a period of no more than three months.
Article 73k
The Council, acting in accordance with the procedure referred to in Article 73o, shall, within a period of five years after
the entry into force of the Treaty of Amsterdam, adopt:
(1) measures on asylum, in accordance with the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating
to the status of refugees and other relevant treaties, within the following areas:
(a)
criteria and mechanisms for determining which Member State is
responsible for considering an application for asylum submitted by a
national of a third country in one of the Member States, (b) minimum standards on the reception of asylum seekers in Member States,
(c) minimum standards with respect to the qualification of nationals of third countries as refugees,
(d) minimum standards on procedures in Member States for granting or withdrawing refugee status;
(2) measures on refugees and displaced persons within the following areas:
(a) minimum standards for giving temporary protection to displaced persons from third countries who cannot return to their
country of origin and for persons who otherwise need international protection,
(b) promoting a balance of effort between Member States in receiving and bearing the consequences of receiving refugees and
displaced persons;
(3) measures on immigration policy within the following areas:
(a)
conditions of entry and residence, and standards on procedures for the
issue by Member States of long term visas and residence permits,
including those for the purpose of family reunion, (b) illegal immigration and illegal residence, including repatriation of illegal residents;
(4) measures defining the rights and conditions under which nationals of third countries who are legally resident in a Member
State may reside in other Member States.
Measures adopted by the Council pursuant to points 3 and 4 shall not prevent any Member State from maintaining or introducing
in the areas concerned national provisions which are compatible with this Treaty and with international agreements.
Measures to be adopted pursuant to points 2(b), 3(a) and 4 shall not be subject to the five year period referred to above.
Article 73l
1. This
Title shall not affect the exercise of the responsibilities incumbent
upon Member States with regard to the maintenance of law and order and
the safeguarding of internal security. 2. In the event of one or more Member States being
confronted with an emergency situation characterised by a sudden inflow
of nationals of third countries and without prejudice to paragraph 1,
the Council may, acting by qualified majority on a proposal from the
Commission, adopt provisional measures of a duration not exceeding six
months for the benefit of the Member States concerned. Article 73m
Measures in the field of judicial cooperation in civil matters having cross-border implications, to be taken in accordance
with Article 73o and insofar as necessary for the proper functioning of the internal market, shall include:
(a) improving and simplifying:
- the system for cross-border service of judicial and extrajudicial documents;
- cooperation in the taking of evidence;
- the recognition and enforcement of decisions in civil and commercial cases, including decisions in extrajudicial cases;
(b)
promoting the compatibility of the rules applicable in the Member
States concerning the conflict of laws and of jurisdiction; (c) eliminating obstacles to the good functioning of civil proceedings, if necessary by promoting the compatibility of the
rules on civil procedure applicable in the Member States.
Article 73n
The
Council, acting in accordance with the procedure referred to in Article
73o, shall take measures to ensure cooperation between the relevant
departments of the administrations of the Member States in the areas
covered by this Title, as well as between those departments and the
Commission. Article 73o
1. During a transitional period of five years following the entry into force of the Treaty of Amsterdam, the Council shall
act unanimously on a proposal from the Commission or on the initiative of a Member State and after consulting the European
Parliament.
2. After this period of five years:
- the Council shall act on proposals from the Commission; the Commission shall examine any request made by a Member State
that it submit a proposal to the Council;
-
the Council, acting unanimously after consulting the European
Parliament, shall take a decision with a view to providing for all or
parts of the areas covered by this Title to be governed by the
procedure referred to in Article 189b and adapting the provisions
relating to the powers of the Court of Justice. 3. By derogation from paragraphs 1 and 2, measures
referred to in Article 73j(2)(b) (i) and (iii) shall, from the entry
into force of the Treaty of Amsterdam, be adopted by the Council acting
by a qualified majority on a proposal from the Commission and after
consulting the European Parliament. 4. By derogation from paragraph 2, measures
referred to in Article 73j(2)(b) (ii) and (iv) shall, after a period of
five years following the entry into force of the Treaty of Amsterdam,
be adopted by the Council acting in accordance with the procedure
referred to in Article 189b. Article 73p
1. Article 177 shall
apply to this Title under the following circumstances and conditions:
where a question on the interpretation of this Title or on the validity
or interpretation of acts of the institutions of the Community based on
this Title is raised in a case pending before a court or a tribunal of
a Member State against whose decisions there is no judicial remedy
under national law, that court or tribunal shall, if it considers that
a decision on the question is necessary to enable it to give judgment,
request the Court of Justice to give a ruling thereon. 2. In any event, the Court of Justice shall not
have jurisdiction to rule on any measure or decision taken pursuant to
Article 73j(1) relating to the maintenance of law and order and the
safeguarding of internal security. 3. The Council, the Commission or a Member State
may request the Court of Justice to give a ruling on a question of
interpretation of this Title or of acts of the institutions of the
Community based on this Title. The ruling given by the Court of Justice
in response to such a request shall not apply to judgments of courts or
tribunals of the Member States which have become res judicata. Article 73q
The application of this Title shall be subject to the provisions of the Protocol on the position of the United Kingdom and
Ireland and to the Protocol on the position of Denmark and without prejudice to the Protocol on the application of certain
aspects of Article 7a of the Treaty establishing the European Community to the United Kingdom and to Ireland.’
16. In Article 75(1), the introductory part shall be replaced by the following:
‘1. For
the purpose of implementing Article 74, and taking into account the
distinctive features of transport, the Council shall, acting in
accordance with the procedure referred to in Article 189b and after
consulting the Economic and Social Committee and the Committee of the
Regions, lay down:’ 17. In Article 100a, paragraphs 3, 4 and 5 shall be replaced by the following paragraphs:
‘3. The
Commission, in its proposals envisaged in paragraph 1 concerning
health, safety, environmental protection and consumer protection, will
take as a base a high level of protection, taking account in particular
of any new development based on scientific facts. Within their
respective powers, the European Parliament and the Council will also
seek to achieve this objective. 4. If, after the adoption by the Council or by the
Commission of a harmonisation measure, a Member State deems it
necessary to maintain national provisions on grounds of major needs
referred to in Article 36, or relating to the protection of the
environment or the working environment, it shall notify the Commission
of these provisions as well as the grounds for maintaining them. 5. Moreover, without prejudice to paragraph 4, if,
after the adoption by the Council or by the Commission of a
harmonisation measure, a Member State deems it necessary to introduce
national provisions based on new scientific evidence relating to the
protection of the environment or the working environment on grounds of
a problem specific to that Member State arising after the adoption of
the harmonisation measure, it shall notify the Commission of the
envisaged provisions as well as the grounds for introducing them. 6. The Commission shall, within six months of the
notifications as referred to in paragraphs 4 and 5, approve or reject
the national provisions involved after having verified whether or not
they are a means of arbitrary discrimination or a disguised restriction
on trade between Member States and whether or not they shall constitute
an obstacle to the functioning of the internal market. In the absence of a decision by the Commission within this period the national provisions referred to in paragraphs 4 and
5 shall be deemed to have been approved.
When
justified by the complexity of the matter and in the absence of danger
for human health, the Commission may notify the Member State concerned
that the period referred to in this paragraph may be extended for a
further period of up to six months. 7. When, pursuant to paragraph 6, a Member State is authorised to maintain or introduce national provisions derogating from
a harmonisation measure, the Commission shall immediately examine whether to propose an adaptation to that measure.
8. When
a Member State raises a specific problem on public health in a field
which has been the subject of prior harmonisation measures, it shall
bring it to the attention of the Commission which shall immediately
examine whether to propose appropriate measures to the Council. 9. By way of derogation from the procedure laid
down in Articles 169 and 170, the Commission and any Member State may
bring the matter directly before the Court of Justice if it considers
that another Member State is making improper use of the powers provided
for in this Article. 10. The harmonisation measures referred to above
shall, in appropriate cases, include a safeguard clause authorising the
Member States to take, for one or more of the non-economic reasons
referred to in Article 36, provisional measures subject to a Community
control procedure.’ 18. Articles 100c and 100d shall be repealed.
19. The following Title shall be inserted after Title VI:
‘Title VIa
EMPLOYMENT
Article 109n
Member
States and the Community shall, in accordance with this Title, work
towards developing a coordinated strategy for employment and
particularly for promoting a skilled, trained and adaptable workforce
and labour markets responsive to economic change with a view to
achieving the objectives defined in Article B of the Treaty on European
Union and in Article 2 of this Treaty. Article 109o
1. Member States,
through their employment policies, shall contribute to the achievement
of the objectives referred to in Article 109n in a way consistent with
the broad guidelines of the economic policies of the Member States and
of the Community adopted pursuant to Article 103(2). 2. Member States, having regard to national
practices related to the responsibilities of management and labour,
shall regard promoting employment as a matter of common concern and
shall coordinate their action in this respect within the Council, in
accordance with the provisions of Article 109q. Article 109p
1. The Community shall
contribute to a high level of employment by encouraging cooperation
between Member States and by supporting and, if necessary,
complementing their action. In doing so, the competences of the Member
States shall be respected. 2. The objective of a high level of employment shall be taken into consideration in the formulation and implementation of
Community policies and activities.
Article 109q
1. The European Council shall each year consider the employment situation in the Community and adopt conclusions thereon,
on the basis of a joint annual report by the Council and the Commission.
2. On
the basis of the conclusions of the European Council, the Council,
acting by a qualified majority on a proposal from the Commission and
after consulting the European Parliament, the Economic and Social
Committee, the Committee of the Regions and the Employment Committee
referred to in Article 109s, shall each year draw up guidelines which
the Member States shall take into account in their employment policies.
These guidelines shall be consistent with the broad guidelines adopted
pursuant to Article 103(2). 3. Each Member State shall provide the Council and the Commission with an annual report on the principal measures taken to
implement its employment policy in the light of the guidelines for employment as referred to in paragraph 2.
4. The
Council, on the basis of the reports referred to in paragraph 3 and
having received the views of the Employment Committee, shall each year
carry out an examination of the implementation of the employment
policies of the Member States in the light of the guidelines for
employment. The Council, acting by a qualified majority on a
recommendation from the Commission, may, if it considers it appropriate
in the light of that examination, make recommendations to Member
States. 5. On the basis of the results of that examination, the Council and the Commission shall make a joint annual report to the
European Council on the employment situation in the Community and on the implementation of the guidelines for employment.
Article 109r
The
Council, acting in accordance with the procedure referred to in Article
189b and after consulting the Economic and Social Committee and the
Committee of the Regions, may adopt incentive measures designed to
encourage cooperation between Member States and to support their action
in the field of employment through initiatives aimed at developing
exchanges of information and best practices, providing comparative
analysis and advice as well as promoting innovative approaches and
evaluating experiences, in particular by recourse to pilot projects. Those measures shall not include harmonisation of the laws and regulations of the Member States.
Article 109s
The Council, after consulting the European Parliament, shall establish an Employment Committee with advisory status to promote
coordination between Member States on employment and labour market policies. The tasks of the Committee shall be:
- to monitor the employment situation and employment policies in the Member States and the Community;
- without prejudice to Article 151, to formulate opinions at the request of either the Council or the Commission or on its
own initiative, and to contribute to the preparation of the Council proceedings referred to in Article 109q.
In fulfilling its mandate, the Committee shall consult management and labour.
Each Member State and the Commission shall appoint two members of the Committee.’
20. In Article 113, the following paragraph shall be added:
‘5. The
Council, acting unanimously on a proposal from the Commission and after
consulting the European Parliament, may extend the application of
paragraphs 1 to 4 to international negotiations and agreements on
services and intellectual property insofar as they are not covered by
these paragraphs.’ 21. The following Title shall be inserted after Title VII:
‘Title VIIa
CUSTOMS COOPERATION
Article 116
Within
the scope of application of this Treaty, the Council, acting in
accordance with the procedure referred to in Article 189b, shall take
measures in order to strengthen customs cooperation between Member
States and between the latter and the Commission. These measures shall
not concern the application of national criminal law or the national
administration of justice.’ 22. Articles 117 to 120 shall be replaced by the following Articles:
‘Article 117
The
Community and the Member States, having in mind fundamental social
rights such as those set out in the European Social Charter signed at
Turin on 18 October 1961 and in the 1989 Community Charter of the
Fundamental Social Rights of Workers, shall have as their objectives
the promotion of employment, improved living and working conditions, so
as to make possible their harmonisation while the improvement is being
maintained, proper social protection, dialogue between management and
labour, the development of human resources with a view to lasting high
employment and the combating of exclusion. To this end the Community and the Member States shall
implement measures which take account of the diverse forms of national
practices, in particular in the field of contractual relations, and the
need to maintain the competitiveness of the Community economy. They believe that such a development will ensue not only
from the functioning of the common market, which will favour the
harmonisation of social systems, but also from the procedures provided
for in this Treaty and from the approximation of provisions laid down
by law, regulation or administrative action. Article 118
1. With a view to achieving the objectives of Article 117, the Community shall support and complement the activities of the
Member States in the following fields:
- improvement in particular of the working environment to protect workers' health and safety;
- working conditions;
- the information and consultation of workers;
- the integration of persons excluded from the labour market, without prejudice to Article 127;
- equality between men and women with regard to labour market opportunities and treatment at work.
2. To
this end, the Council may adopt, by means of directives, minimum
requirements for gradual implementation, having regard to the
conditions and technical rules obtaining in each of the Member States.
Such directives shall avoid imposing administrative, financial and
legal constraints in a way which would hold back the creation and
development of small and medium-sized undertakings. The Council shall act in accordance with the procedure referred to in Article 189b after consulting the Economic and Social
Committee and the Committee of the Regions.
The Council, acting in accordance with the same procedure, may adopt measures designed to encourage cooperation between Member
States through initiatives aimed at improving knowledge, developing exchanges of information and best practices, promoting
innovative approaches and evaluating experiences in order to combat social exclusion.
3. However, the Council shall act unanimously on a proposal from the Commission, after consulting the European Parliament,
the Economic and Social Committee and the Committee of the Regions in the following areas:
- social security and social protection of workers;
- protection of workers where their employment contract is terminated;
- representation and collective defence of the interests of workers and employers, including co-determination, subject to
paragraph 6;
- conditions of employment for third-country nationals legally residing in Community territory;
- financial contributions for promotion of employment and job-creation, without prejudice to the provisions relating to the
Social Fund.
4. A Member State may entrust management and labour, at their joint request, with the implementation of directives adopted
pursuant to paragraphs 2 and 3.
In
this case, it shall ensure that, no later than the date on which a
directive must be transposed in accordance with Article 189, management
and labour have introduced the necessary measures by agreement, the
Member State concerned being required to take any necessary measure
enabling it at any time to be in a position to guarantee the results
imposed by that directive. 5. The provisions adopted pursuant to this Article shall not prevent any Member State from maintaining or introducing more
stringent protective measures compatible with this Treaty.
6. The
provisions of this Article shall not apply to pay, the right of
association, the right to strike or the right to impose lock-outs. Article 118a
1. The Commission shall have the task of promoting the consultation of management and labour at Community level and shall
take any relevant measure to facilitate their dialogue by ensuring balanced support for the parties.
2. To this end, before submitting proposals in the social policy field, the Commission shall consult management and labour
on the possible direction of Community action.
3. If,
after such consultation, the Commission considers Community action
advisable, it shall consult management and labour on the content of the
envisaged proposal. Management and labour shall forward to the
Commission an opinion or, where appropriate, a recommendation. 4. On the occasion of such consultation, management
and labour may inform the Commission of their wish to initiate the
process provided for in Article 118b. The duration of the procedure
shall not exceed nine months, unless the management and labour
concerned and the Commission decide jointly to extend it. Article 118b
1. Should management and labour so desire, the dialogue between them at Community level may lead to contractual relations,
including agreements.
2. Agreements
concluded at Community level shall be implemented either in accordance
with the procedures and practices specific to management and labour and
the Member States or, in matters covered by Article 118, at the joint
request of the signatory parties, by a Council decision on a proposal
from the Commission. The Council shall act by qualified majority, except where the agreement in question contains one or more provisions relating
to one of the areas referred to in Article 118(3), in which case it shall act unanimously.
Article 118c
With
a view to achieving the objectives of Article 117 and without prejudice
to the other provisions of this Treaty, the Commission shall encourage
cooperation between the Member States and facilitate the coordination
of their action in all social policy fields under this chapter,
particularly in matters relating to: - employment;
- labour law and working conditions;
- basic and advanced vocational training;
- social security;
- prevention of occupational accidents and diseases;
- occupational hygiene;
- the right of association and collective bargaining between employers and workers.
To this end, the Commission shall act in close contact with Member States by making studies, delivering opinions and arranging
consultations both on problems arising at national level and on those of concern to international organisations.
Before delivering the opinions provided for in this Article, the Commission shall consult the Economic and Social Committee.
Article 119
1. Each
Member State shall ensure that the principle of equal pay for male and
female workers for equal work or work of equal value is applied. 2. For the purpose of this Article, “pay” means the
ordinary basic or minimum wage or salary and any other consideration,
whether in cash or in kind, which the worker receives directly or
indirectly, in respect of his employment, from his employer. Equal pay without discrimination based on sex means:
(a) that pay for the same work at piece rates shall be calculated on the basis of the same unit of measurement;
(b) that pay for work at time rates shall be the same for the same job.
3. The
Council, acting in accordance with the procedure referred to in Article
189b, and after consulting the Economic and Social Committee, shall
adopt measures to ensure the application of the principle of equal
opportunities and equal treatment of men and women in matters of
employment and occupation, including the principle of equal pay for
equal work or work of equal value. 4. With a view to ensuring full equality in
practice between men and women in working life, the principle of equal
treatment shall not prevent any Member State from maintaining or
adopting measures providing for specific advantages in order to make it
easier for the under-represented sex to pursue a vocational activity or
to prevent or compensate for disadvantages in professional careers. Article 119a
Member States shall endeavour to maintain the existing equivalence between paid holiday schemes.
Article 120
The
Commission shall draw up a report each year on progress in achieving
the objectives of Article 117, including the demographic situation in
the Community. It shall forward the report to the European Parliament,
the Council and the Economic and Social Committee. The European Parliament may invite the Commission to draw up reports on particular problems concerning the social situation.’
23. Article 125 shall be replaced by the following:
‘Article 125
The Council, acting in accordance with the procedure referred to in Article 189b and after consulting the Economic and Social
Committee and the Committee of the Regions, shall adopt implementing decisions relating to the European Social Fund.’
24. Article 127(4) shall be replaced by the following:
‘4. The Council, acting in accordance with the procedure referred to in Article 189b and after consulting the Economic and
Social Committee and the Committee of the Regions, shall adopt measures to contribute to the achievement of the objectives
referred to in this Article, excluding any harmonisation of the laws and regulations of the Member States.’
25. Article 128(4) shall be replaced by the following:
‘4. The
Community shall take cultural aspects into account in its action under
other provisions of this Treaty, in particular in order to respect and
to promote the diversity of its cultures.’ 26. Article 129 shall be replaced by the following:
‘Article 129
1. A high level of human health protection shall be ensured in the definition and implementation of all Community policies
and activities.
Community action, which shall complement national policies, shall be directed towards improving public health, preventing
human illness and diseases, and obviating sources of danger to human health. Such action shall cover the fight against the
major health scourges, by promoting research into their causes, their transmission and their prevention, as well as health
information and education.
The Community shall complement the Member States' action in reducing drugs-related health damage, including information and
prevention.
2. The
Community shall encourage cooperation between the Member States in the
areas referred to in this Article and, if necessary, lend support to
their action. Member States shall, in liaison with the Commission,
coordinate among themselves their policies and programmes in the areas
referred to in paragraph 1. The Commission may, in close contact with
the Member States, take any useful initiative to promote such
coordination. 3. The Community and the Member States shall foster
cooperation with third countries and the competent international
organisations in the sphere of public health. 4. The Council, acting in accordance with the
procedure referred to in Article 189b and after consulting the Economic
and Social Committee and the Committee of the Regions, shall contribute
to the achievement of the objectives referred to in this Article
through adopting: (a) measures setting high standards of quality and safety of organs and substances of human origin, blood and blood derivatives;
these measures shall not prevent any Member State from maintaining or introducing more stringent protective measures;
(b)
by way of derogation from Article 43, measures in the veterinary and
phytosanitary fields which have as their direct objective the
protection of public health; (c) incentive measures designed to protect and improve human health, excluding any harmonisation of the laws and regulations
of the Member States.
The Council, acting by a qualified majority on a proposal from the Commission, may also adopt recommendations for the purposes
set out in this Article.
5. Community
action in the field of public health shall fully respect the
responsibilities of the Member States for the organisation and delivery
of health services and medical care. In particular, measures referred
to in paragraph 4(a) shall not affect national provisions on the
donation or medical use of organs and blood.’ 27. Article 129a shall be replaced by the following:
‘Article 129a
1. In
order to promote the interests of consumers and to ensure a high level
of consumer protection, the Community shall contribute to protecting
the health, safety and economic interests of consumers, as well as to
promoting their right to information, education and to organise
themselves in order to safeguard their interests. 2. Consumer protection requirements shall be taken into account in defining and implementing other Community policies and
activities.
3. The Community shall contribute to the attainment of the objectives referred to in paragraph 1 through:
(a) measures adopted pursuant to Article 100a in the context of the completion of the internal market;
(b) measures which support, supplement and monitor the policy pursued by the Member States.
4. The Council, acting in accordance with the procedure referred to in Article 189b and after consulting the Economic and
Social Committee, shall adopt the measures referred to in paragraph 3(b).
5. Measures
adopted pursuant to paragraph 4 shall not prevent any Member State from
maintaining or introducing more stringent protective measures. Such
measures must be compatible with this Treaty. The Commission shall be
notified of them.’ 28. In the first subparagraph of Article 129c(1), the first part of the third indent shall be replaced by the following:
‘- may support projects of common interest supported by Member States, which are identified in the framework of the guidelines
referred to in the first indent, particularly through feasibility studies, loan guarantees or interest-rate subsidies;’.
29. Article 129d shall be amended as follows:
(a) the first paragraph shall be replaced by the following:
‘The guidelines and other measures referred to in Article 129c(1) shall be adopted by the Council, acting in accordance with
the procedure referred to in Article 189b and after consulting the Economic and Social Committee and the Committee of the
Regions.’;
(b) the third paragraph shall be deleted.
30. In Article 130a, the second paragraph shall be replaced by the following:
‘In particular, the Community shall aim at reducing disparities between the levels of development of the various regions and
the backwardness of the least favoured regions or islands, including rural areas.’
31. In Article 130e, the first paragraph shall be replaced by the following:
‘Implementing decisions relating to the European Regional Development Fund shall be taken by the Council, acting in accordance
with the procedure referred to in Article 189b and after consulting the Economic and Social Committee and the Committee of
the Regions.’
32. In Article 130i(1), the first subparagraph shall be replaced by the following:
‘1. A multi-annual framework programme, setting out all the activities of the Community, shall be adopted by the Council,
acting in accordance with the procedure referred to in Article 189b after consulting the Economic and Social Committee.’
33. Article 130o shall be replaced by the following:
‘Article 130o
The Council, acting by qualified majority on a proposal from the Commission and after consulting the European Parliament and
the Economic and Social Committee, shall adopt the provisions referred to in Article 130n.
The
Council, acting in accordance with the procedure referred to in Article
189b and after consulting the Economic and Social Committee, shall
adopt the provisions referred to in Articles 130j, 130k and 130l.
Adoption of the supplementary programmes shall require the agreement of
the Member States concerned.’ 34. Article 130r(2) shall be replaced by the following:
‘2. Community
policy on the environment shall aim at a high level of protection
taking into account the diversity of situations in the various regions
of the Community. It shall be based on the precautionary principle and
on the principles that preventive action should be taken, that
environmental damage should as a priority be rectified at source and
that the polluter should pay. In this context, harmonisation measures answering environmental protection requirements shall include, where appropriate,
a safeguard clause allowing Member States to take provisional measures, for non-economic environmental reasons, subject to
a Community inspection procedure.’
35. Article 130s shall be amended as follows:
(a) Paragraph 1 shall be replaced by the following:
‘1. The
Council, acting in accordance with the procedure referred to in Article
189b and after consulting the Economic and Social Committee and the
Committee of the Regions, shall decide what action is to be taken by
the Community in order to achieve the objectives referred to in Article
130r.’; (b) The introductory part of paragraph 2 shall be replaced by the following:
‘2. By
way of derogation from the decision making procedure provided for in
paragraph 1 and without prejudice to Article 100a, the Council, acting
unanimously on a proposal from the Commission and after consulting the
European Parliament, the Economic and Social Committee and the
Committee of the Regions, shall adopt:’; (c) The first subparagraph of paragraph 3 shall be replaced by the following:
‘3. In
other areas, general action programmes setting out priority objectives
to be attained shall be adopted by the Council, acting in accordance
with the procedure referred to in Article 189b and after consulting the
Economic and Social Committee and the Committee of the Regions.’ 36. Article 130w(1) shall be replaced by the following:
‘1. Without
prejudice to the other provisions of this Treaty, the Council, acting
in accordance with the procedure referred to in Article 189b, shall
adopt the measures necessary to further the objectives referred to in
Article 130u. Such measures may take the form of multi-annual
programmes.’ 37. In Article 137, the following paragraph shall be added:
‘The number of Members of the European Parliament shall not exceed seven hundred.’
38. Article 138 shall be amended as follows:
(a) in paragraph 3, the first subparagraph shall be replaced by the following:
‘3. The
European Parliament shall draw up a proposal for elections by direct
universal suffrage in accordance with a uniform procedure in all Member
States or in accordance with principles common to all Member States.’; (b) the following paragraph shall be added:
‘4. The European Parliament shall, after seeking an opinion from the Commission and with the approval of the Council acting
unanimously, lay down the regulations and general conditions governing the performance of the duties of its Members.’
39. Article 151 shall be replaced by the following:
‘Article 151
1. A committee consisting of the Permanent Representatives of the Member States shall be responsible for preparing the work
of the Council and for carrying out the tasks assigned to it by the Council. The Committee may adopt procedural decisions
in cases provided for in the Council's Rules of Procedure.
2. The
Council shall be assisted by a General Secretariat, under the
responsibility of a Secretary-General, High Representative for the
common foreign and security policy, who shall be assisted by a Deputy
Secretary-General responsible for the running of the General
Secretariat. The Secretary-General and the Deputy Secretary-General
shall be appointed by the Council acting unanimously. The Council shall decide on the organisation of the General Secretariat.
3. The Council shall adopt its Rules of Procedure.
For
the purpose of applying Article 191a(3), the Council shall elaborate in
these Rules the conditions under which the public shall have access to
Council documents. For the purpose of this paragraph, the Council shall
define the cases in which it is to be regarded as acting in its
legislative capacity, with a view to allowing greater access to
documents in those cases, while at the same time preserving the
effectiveness of its decision making process. In any event, when the
Council acts in its legislative capacity, the results of votes and
explanations of vote as well as statements in the minutes shall be made
public.’ 40. In Article 158(2), the first and second subparagraphs shall be replaced by the following:
‘2. The governments of the Member States shall nominate by common accord the person they intend to appoint as President of
the Commission; the nomination shall be approved by the European Parliament.
The governments of the Member States shall, by common accord with the nominee for President, nominate the other persons whom
they intend to appoint as Members of the Commission.’
41. In Article 163, the following paragraph shall be inserted as the first paragraph:
‘The Commission shall work under the political guidance of its President.’
42. In Article 173, the third paragraph shall be replaced by the following:
‘The Court of Justice shall have jurisdiction under the same conditions in actions brought by the European Parliament, by
the Court of Auditors and by the ECB for the purpose of protecting their prerogatives.’
43. Article 188c shall be amended as follows:
(a) The second subparagraph of paragraph 1 shall be replaced by the following:
‘The
Court of Auditors shall provide the European Parliament and the Council
with a statement of assurance as to the reliability of the accounts and
the legality and regularity of the underlying transactions which shall
be published in the Official Journal of the European Communities.’; (b) The first subparagraph of paragraph 2 shall be replaced by the following:
‘2. The
Court of Auditors shall examine whether all revenue has been received
and all expenditure incurred in a lawful and regular manner and whether
the financial management has been sound. In doing so, it shall report
in particular on any cases of irregularity.’; (c) Paragraph 3 shall be replaced by the following:
‘3. The
audit shall be based on records and, if necessary, performed on the
spot in the other institutions of the Community, on the premises of any
body which manages revenue or expenditure on behalf of the Community
and in the Member States, including on the premises of any natural or
legal person in receipt of payments from the budget. In the Member
States the audit shall be carried out in liaison with national audit
bodies or, if these do not have the necessary powers, with the
competent national departments. The Court of Auditors and the national
audit bodies of the Member States shall cooperate in a spirit of trust
while maintaining their independence. These bodies or departments shall
inform the Court of Auditors whether they intend to take part in the
audit. The other institutions of the Community, any bodies
managing revenue or expenditure on behalf of the Community, any natural
or legal person in receipt of payments from the budget, and the
national audit bodies or, if these do not have the necessary powers,
the competent national departments, shall forward to the Court of
Auditors, at its request, any document or information necessary to
carry out its task. In respect of the European Investment Bank's activity in
managing Community expenditure and revenue, the Court's rights of
access to information held by the Bank shall be governed by an
agreement between the Court, the Bank and the Commission. In the
absence of an agreement, the Court shall nevertheless have access to
information necessary for the audit of Community expenditure and
revenue managed by the Bank.’ 44. Article 189b shall be replaced by the following:
‘Article 189b
1. Where reference is made in this Treaty to this Article for the adoption of an act, the following procedure shall apply.
2. The Commission shall submit a proposal to the European Parliament and the Council.
The Council, acting by a qualified majority after obtaining the opinion of the European Parliament,
- if it approves all the amendments contained in the European Parliament's opinion, may adopt the proposed act thus amended;
- if the European Parliament does not propose any amendments, may adopt the proposed act;
-
shall otherwise adopt a common position and communicate it to the
European Parliament. The Council shall inform the European Parliament
fully of the reasons which led it to adopt its common position. The
Commission shall inform the European Parliament fully of its position. If, within three months of such communication, the European Parliament:
(a) approves the common position or has not taken a decision, the act in question shall be deemed to have been adopted in
accordance with that common position;
(b) rejects, by an absolute majority of its component members, the common position, the proposed act shall be deemed not to
have been adopted;
(c) proposes amendments to the common position by an absolute majority of its component members, the amended text shall be
forwarded to the Council and to the Commission, which shall deliver an opinion on those amendments.
3. If,
within three months of the matter being referred to it, the Council,
acting by a qualified majority, approves all the amendments of the
European Parliament, the act in question shall be deemed to have been
adopted in the form of the common position thus amended; however, the
Council shall act unanimously on the amendments on which the Commission
has delivered a negative opinion. If the Council does not approve all
the amendments, the President of the Council, in agreement with the
President of the European Parliament, shall within six weeks convene a
meeting of the Conciliation Committee. 4. The Conciliation Committee, which shall be
composed of the members of the Council or their representatives and an
equal number of representatives of the European Parliament, shall have
the task of reaching agreement on a joint text, by a qualified majority
of the members of the Council or their representatives and by a
majority of the representatives of the European Parliament. The
Commission shall take part in the Conciliation Committee's proceedings
and shall take all the necessary initiatives with a view to reconciling
the positions of the European Parliament and the Council. In fulfilling
this task, the Conciliation Committee shall address the common position
on the basis of the amendments proposed by the European Parliament. 5. If, within six weeks of its being convened, the
Conciliation Committee approves a joint text, the European Parliament,
acting by an absolute majority of the votes cast, and the Council,
acting by a qualified majority, shall each have a period of six weeks
from that approval in which to adopt the act in question in accordance
with the joint text. If either of the two institutions fails to approve
the proposed act within that period, it shall be deemed not to have
been adopted. 6. Where the Conciliation Committee does not
approve a joint text, the proposed act shall be deemed not to have been
adopted. 7. The periods of three months and six weeks
referred to in this Article shall be extended by a maximum of one month
and two weeks respectively at the initiative of the European Parliament
or the Council.’ 45. The following Article shall be inserted:
‘Article 191a
1. Any
citizen of the Union, and any natural or legal person residing or
having their registered office in a Member State, shall have a right of
access to European Parliament, Council and Commission documents,
subject to the principles and the conditions to be defined in
accordance with paragraphs 2 and 3. 2. General principles and limits on grounds of public or private interest governing this right of access to documents shall
be determined by the Council, acting in accordance with the procedure referred to in Article 189b within two years of the
entry into force of the Treaty of Amsterdam.
3. Each institution referred to above shall elaborate in its own Rules of Procedure specific provisions regarding access to
its documents.’
46. In Article 198, the following paragraph shall be added:
‘The Committee may be consulted by the European Parliament.’
47. In Article 198a, the third paragraph shall be replaced by the following:
‘The
members of the Committee and an equal number of alternate members shall
be appointed for four years by the Council acting unanimously on
proposals from the respective Member States. Their term of office shall
be renewable. No member of the Committee shall at the same time be a
Member of the European Parliament.’ 48. In Article 198b the second paragraph shall be replaced by the following:
‘It shall adopt its Rules of Procedure.’
49. Article 198c shall be amended as follows:
(a) the first paragraph shall be replaced by the following:
‘The
Committee of the Regions shall be consulted by the Council or by the
Commission where this Treaty so provides and in all other cases, in
particular those which concern cross-border cooperation, in which one
of these two institutions considers it appropriate.’; (b) after the third paragraph, the following paragraph shall be inserted:
‘The Committee of the Regions may be consulted by the European Parliament.’
50. In Article 205, the first paragraph shall be replaced by the following:
‘The
Commission shall implement the budget, in accordance with the
provisions of the regulations made pursuant to Article 209, on its own
responsibility and within the limits of the appropriations, having
regard to the principles of sound financial management. Member States
shall cooperate with the Commission to ensure that the appropriations
are used in accordance with the principles of sound financial
management.’ 51. Article 206(1) shall be replaced by the following:
‘1. The
European Parliament, acting on a recommendation from the Council which
shall act by a qualified majority, shall give a discharge to the
Commission in respect of the implementation of the budget. To this end,
the Council and the European Parliament in turn shall examine the
accounts and the financial statement referred to in Article 205a, the
annual report by the Court of Auditors together with the replies of the
institutions under audit to the observations of the Court of Auditors,
the statement of assurance referred to in Article 188c(1), second
subparagraph and any relevant special reports by the Court of
Auditors.’ 52. Article 209a shall be replaced by the following:
‘Article 209a
1. The
Community and the Member States shall counter fraud and any other
illegal activities affecting the financial interests of the Community
through measures to be taken in accordance with this Article, which
shall act as a deterrent and be such as to afford effective protection
in the Member States. 2. Member States shall take the same measures to counter fraud affecting the financial interests of the Community as they
take to counter fraud affecting their own financial interests.
3. Without
prejudice to other provisions of this Treaty, the Member States shall
coordinate their action aimed at protecting the financial interests of
the Community against fraud. To this end they shall organise, together
with the Commission, close and regular cooperation between the
competent authorities. 4. The Council, acting in accordance with the
procedure referred to in Article 189b, after consulting the Court of
Auditors, shall adopt the necessary measures in the fields of the
prevention of and fight against fraud affecting the financial interests
of the Community with a view to affording effective and equivalent
protection in the Member States. These measures shall not concern the
application of national criminal law or the national administration of
justice. 5. The Commission, in cooperation with Member States, shall each year submit to the European Parliament and to the Council
a report on the measures taken for the implementation of this Article.’
53. The following Article shall be inserted:
‘Article 213a
1. Without
prejudice to Article 5 of the Protocol on the Statute of the European
System of Central Banks and of the European Central Bank, the Council,
acting in accordance with the procedure referred to in Article 189b,
shall adopt measures for the production of statistics where necessary
for the performance of the activities of the Community. 2. The production of Community statistics shall conform to impartiality, reliability, objectivity, scientific independence,
cost-effectiveness and statistical confidentiality; it shall not entail excessive burdens on economic operators.’
54. The following Article shall be inserted:
‘Article 213b
1. From 1 January 1999, Community acts on the protection of individuals with regard to the processing of personal data and
the free movement of such data shall apply to the institutions and bodies set up by, or on the basis of, this Treaty.
2. Before the date referred to in paragraph 1, the Council, acting in accordance with the procedure referred to in Article
189b, shall establish an independent supervisory body responsible for monitoring the application of such Community acts to
Community institutions and bodies and shall adopt any other relevant provisions as appropriate.’
55. Article 227(2) shall be replaced by the following:
‘2. The
provisions of this Treaty shall apply to the French overseas
departments, the Azores, Madeira and the Canary Islands. However, taking account of the structural social and
economic situation of the French overseas departments, the Azores,
Madeira and the Canary Islands, which is compounded by their
remoteness, insularity, small size, difficult topography and climate,
economic dependence on a few products, the permanence and combination
of which severely restrain their development, the Council, acting by a
qualified majority on a proposal from the Commission and after
consulting the European Parliament, shall adopt specific measures
aimed, in particular, at laying down the conditions of application of
the present Treaty to those regions, including common policies. The Council shall, when adopting the relevant measures
referred to in the second subparagraph, take into account areas such as
customs and trade policies, fiscal policy, free zones, agriculture and
fisheries policies, conditions for supply of raw materials and
essential consumer goods, State aids and conditions of access to
structural funds and to horizontal Community programmes. The Council shall adopt the measures referred to in the second subparagraph taking into account the special characteristics
and constraints of the outermost regions without undermining the integrity and the coherence of the Community legal order,
including the internal market and common policies.’
56. Article 228 shall be amended as follows:
(a) the second subparagraph of paragraph 1 shall be replaced by the following:
‘In exercising the powers conferred upon it by this paragraph, the Council shall act by a qualified majority, except in the
cases where the first subparagraph of paragraph 2 provides that the Council shall act unanimously.’;
(b) paragraph 2 shall be replaced by the following:
‘2. Subject
to the powers vested in the Commission in this field, the signing,
which may be accompanied by a decision on provisional application
before entry into force, and the conclusion of the agreements shall be
decided on by the Council, acting by a qualified majority on a proposal
from the Commission. The Council shall act unanimously when the
agreement covers a field for which unanimity is required for the
adoption of internal rules and for the agreements referred to in
Article 238. By way of derogation from the rules laid down in paragraph 3, the same procedures shall apply for a decision to suspend the
application of an agreement, and for the purpose of establishing the positions to be adopted on behalf of the Community in
a body set up by an agreement based on Article 238, when that body is called upon to adopt decisions having legal effects,
with the exception of decisions supplementing or amending the institutional framework of the agreement.
The
European Parliament shall be immediately and fully informed on any
decision under this paragraph concerning the provisional application or
the suspension of agreements, or the establishment of the Community
position in a body set up by an agreement based on Article 238.’ 57. The following Article shall be inserted:
‘Article 236
1. Where a decision has been taken to suspend the voting rights of the representative of the government of a Member State
in accordance with Article F.1(2) of the Treaty on European Union, these voting rights shall also be suspended with regard
to this Treaty.
2. Moreover,
where the existence of a serious and persistent breach by a Member
State of principles mentioned in Article F(1) of the Treaty on European
Union has been determined in accordance with Article F.1(1) of that
Treaty, the Council, acting by a qualified majority, may decide to
suspend certain of the rights deriving from the application of this
Treaty to the Member State in question. In doing so, the Council shall
take into account the possible consequences of such a suspension on the
rights and obligations of natural and legal persons. The obligations of the Member State in question under this Treaty shall in any case continue to be binding on that State.
3. The Council, acting by a qualified majority, may decide subsequently to vary or revoke measures taken in accordance with
paragraph 2 in response to changes in the situation which led to their being imposed.
4. When
taking decisions referred to in paragraphs 2 and 3, the Council shall
act without taking into account the votes of the representative of the
government of the Member State in question. By way of derogation from
Article 148(2) a qualified majority shall be defined as the same
proportion of the weighted votes of the members of the Council
concerned as laid down in Article 148(2). This paragraph shall also apply in the event of voting rights being suspended in accordance with paragraph 1. In such cases,
a decision requiring unanimity shall be taken without the vote of the representative of the government of the Member State
in question.’
58. The Protocol on Social Policy and the Agreement on social policy attached thereto shall be repealed.
59. The Protocol on the Economic and Social Committee and the Committee of the Regions shall be repealed.
The
Treaty establishing the European Coal and Steel Community shall be
amended in accordance with the provisions of this Article. 1. In Article 10(2) the first and second subparagraphs shall be replaced by the following:
‘2. The governments of the Member States shall nominate by common accord the person they intend to appoint as President of
the Commission; the nomination shall be approved by the European Parliament.
The governments of the Member States shall, by common accord with the nominee for President, nominate the other persons whom
they intend to appoint as Members of the Commission.’
2. In Article 13, the following paragraph shall be inserted as the first paragraph:
‘The Commission shall work under the political guidance of its President.’
3. In Article 20, the following paragraph shall be added:
‘The number of Members of the European Parliament shall not exceed seven hundred.’
4. Article 21 shall be amended as follows:
(a) in paragraph 3, the first subparagraph shall be replaced by the following:
‘3. The
European Parliament shall draw up a proposal for elections by direct
universal suffrage in accordance with a uniform procedure in all Member
States or in accordance with principles common to all Member States.’; (b) the following paragraph shall be added:
‘4. The European Parliament shall, after seeking an opinion from the Commission and with the approval of the Council acting
unanimously, lay down the regulations and general conditions governing the performance of the duties of its Members.’
5. Article 30 shall be replaced by the following:
‘Article 30
1. A committee consisting of the Permanent Representatives of the Member States shall be responsible for preparing the work
of the Council and for carrying out the tasks assigned to it by the Council. The Committee may adopt procedural decisions
in cases provided for in the Council's Rules of Procedure.
2. The
Council shall be assisted by a General Secretariat, under the
responsibility of a Secretary-General, High Representative for the
common foreign and security policy, who shall be assisted by a Deputy
Secretary-General responsible for the running of the General
Secretariat. The Secretary-General and the Deputy Secretary-General
shall be appointed by the Council acting unanimously. The Council shall decide on the organisation of the General Secretariat.
3. The Council shall adopt its Rules of Procedure.’
6. In Article 33, the fourth paragraph shall be replaced by the following:
‘The Court of Justice shall have jurisdiction under the same conditions in actions brought by the European Parliament and
by the Court of Auditors for the purpose of protecting their prerogatives.’
7. Article 45c shall be amended as follows:
(a) The second subparagraph of paragraph 1 shall be replaced by the following:
‘The
Court of Auditors shall provide the European Parliament and the Council
with a statement of assurance as to the reliability of the accounts and
the legality and regularity of the underlying transactions which shall
be published in the Official Journal of the European Communities.’; (b) The first subparagraph of paragraph 2 shall be replaced by the following:
‘2. The
Court of Auditors shall examine whether all revenue has been received
and all expenditure incurred in a lawful and regular manner and whether
the financial management has been sound. In doing so, it shall report
in particular on any cases of irregularity.’; (c) Paragraph 3 shall be replaced by the following:
‘3. The
audit shall be based on records and, if necessary, performed on the
spot in the other institutions of the Community, on the premises of any
body which manages revenue or expenditure on behalf of the Community
and in the Member States, including on the premises of any natural or
legal person in receipt of payments from the budget. In the Member
States the audit shall be carried out in liaison with national audit
bodies or, if these do not have the necessary powers, with the
competent national departments. The Court of Auditors and the national
audit bodies of the Member States shall cooperate in a spirit of trust
while maintaining their independence. These bodies or departments shall
inform the Court of Auditors whether they intend to take part in the
audit. The other institutions of the Community, any bodies
managing revenue or expenditure on behalf of the Community, any natural
or legal person in receipt of payments from the budget, and the
national audit bodies or, if these do not have the necessary powers,
the competent national departments, shall forward to the Court of
Auditors, at its request, any document or information necessary to
carry out its task. In respect of the European Investment Bank's activity in
managing Community expenditure and revenue, the Court's rights of
access to information held by the Bank shall be governed by an
agreement between the Court, the Bank and the Commission. In the
absence of an agreement, the Court shall nevertheless have access to
information necessary for the audit of Community expenditure and
revenue managed by the Bank.’ 8. In Article 78c, the first paragraph shall be replaced by the following:
‘The
Commission shall implement the budget, in accordance with the
provisions of the regulations made pursuant to Article 78h, on its own
responsibility and within the limits of the appropriations, having
regard to the principles of sound financial management. Member States
shall cooperate with the Commission to ensure that the appropriations
are used in accordance with the principles of sound financial
management.’ 9. Article 78g(1) shall be replaced by the following:
‘1. The
European Parliament, acting on a recommendation from the Council which
shall act by a qualified majority, shall give a discharge to the
Commission in respect of the implementation of the budget. To this end,
the Council and the European Parliament in turn shall examine the
accounts and the financial statement referred to in Article 78d, the
annual report by the Court of Auditors together with the replies of the
institutions under audit to the observations of the Court of Auditors,
the statement of assurance referred to in Article 45c(1), second
subparagraph, and any relevant special reports by the Court of
Auditors.’ 10. The following Article shall be inserted:
‘Article 96
1. Where a decision has been taken to suspend the voting rights of the representative of the government of a Member State
in accordance with Article F.1(2) of the Treaty on European Union, these voting rights shall also be suspended with regard
to this Treaty.
2. Moreover,
where the existence of a serious and persistent breach by a Member
State of principles mentioned in Article F(1) of the Treaty on European
Union has been determined in accordance with Article F.1(1) of that
Treaty, the Council, acting by a qualified majority, may decide to
suspend certain of the rights deriving from the application of this
Treaty to the Member State in question. In doing so, the Council shall
take into account the possible consequences of such a suspension on the
rights and obligations of natural and legal persons. The obligations of the Member State in question under this Treaty shall in any case continue to be binding on that State.
3. The Council, acting by a qualified majority, may decide subsequently to vary or revoke measures taken in accordance with
paragraph 2 in response to changes in the situation which led to their being imposed.
4. When
taking decisions referred to in paragraphs 2 and 3, the Council shall
act without taking into account the votes of the representative of the
government of the Member State in question. By way of derogation from
Article 28, fourth paragraph, a qualified majority shall be defined as
the same proportion of the weighted votes of the members of the Council
concerned as laid down in Article 28, fourth paragraph. This paragraph shall also apply in the event of voting rights being suspended in accordance with paragraph 1. In such cases,
a decision requiring unanimity shall be taken without the vote of the representative of the government of the Member State
in question.’
The Treaty establishing the European Atomic Energy Community shall be amended in accordance with the provisions of this Article.
1. In Article 107, the following paragraph shall be added:
‘The number of Members of the European Parliament shall not exceed seven hundred.’
2. Article 108 shall be amended as follows:
(a) in paragraph 3, the first subparagraph shall be replaced by the following:
‘3. The
European Parliament shall draw up a proposal for elections by direct
universal suffrage in accordance with a uniform procedure in all Member
States or in accordance with principles common to all Member States.’; (b) the following paragraph shall be added:
‘4. The European Parliament shall, after seeking an opinion from the Commission and with the approval of the Council acting
unanimously, lay down the regulations and general conditions governing the performance of the duties of its Members.’
3. Article 121 shall be replaced by the following:
‘Article 121
1. A committee consisting of the Permanent Representatives of the Member States shall be responsible for preparing the work
of the Council and for carrying out the tasks assigned to it by the Council. The Committee may adopt procedural decisions
in cases provided for in the Council's Rules of Procedure.
2. The
Council shall be assisted by a General Secretariat, under the
responsibility of a Secretary-General, High Representative for the
common foreign and security policy, who shall be assisted by a Deputy
Secretary-General responsible for the running of the General
Secretariat. The Secretary-General and the Deputy Secretary-General
shall be appointed by the Council acting unanimously. The Council shall decide on the organisation of the General Secretariat.
3. The Council shall adopt its Rules of Procedure.’
4. In Article 127, the first and second subparagraphs of paragraph 2 shall be replaced by the following:
‘2. The governments of the Member States shall nominate by common accord the person they intend to appoint as President of
the Commission; the nomination shall be approved by the European Parliament.
The governments of the Member States shall, by common accord with the nominee for President, nominate the other persons whom
they intend to appoint as Members of the Commission.’
5. In Article 132, the following paragraph shall be inserted as the first paragraph:
‘The Commission shall work under the political guidance of its President.’
6. In Article 146, the third paragraph shall be replaced by the following:
‘The Court of Justice shall have jurisdiction under the same conditions in actions brought by the European Parliament and
by the Court of Auditors for the purpose of protecting their prerogatives,’
7. Article 160c shall be amended as follows:
(a) the second subparagraph of paragraph 1 shall be replaced by the following:
‘The
Court of Auditors shall provide the European Parliament and the Council
with a statement of assurance as to the reliability of the accounts and
the legality and regularity of the underlying transactions which shall
be published in the Official Journal of the European Communities.’; (b) the first subparagraph of paragraph 2 shall be replaced by the following:
‘2. The
Court of Auditors shall examine whether all revenue has been received
and all expenditure incurred in a lawful and regular manner and whether
the financial management has been sound. In doing so, it shall report
in particular on any cases of irregularity.’; (c) paragraph 3 shall be replaced by the following:
‘3. The
audit shall be based on records and, if necessary, performed on the
spot in the other institutions of the Community, on the premises of any
body which manages revenue or expenditure on behalf of the Community
and in the Member States, including on the premises of any natural or
legal person in receipt of payments from the budget. In the Member
States the audit shall be carried out in liaison with national audit
bodies or, if these do not have the necessary powers, with the
competent national departments. The Court of Auditors and the national
audit bodies of the Member States shall cooperate in a spirit of trust
while maintaining their independence. These bodies or departments shall
inform the Court of Auditors whether they intend to take part in the
audit. The other institutions of the Community, any bodies
managing revenue or expenditure on behalf of the Community, any natural
or legal person in receipt of payments from the budget, and the
national audit bodies or, if these do not have the necessary powers,
the competent national departments, shall forward to the Court of
Auditors, at its request, any document or information necessary to
carry out its task. In respect of the European Investment Bank's activity in
managing Community expenditure and revenue, the Court's rights of
access to information held by the Bank shall be governed by an
agreement between the Court, the Bank and the Commission. In the
absence of an agreement, the Court shall nevertheless have access to
information necessary for the audit of Community expenditure and
revenue managed by the Bank.’ 8. In Article 170, the following paragraph shall be added:
‘The Committee may be consulted by the European Parliament.’
9. In Article 179, the first paragraph shall be replaced by the following:
‘The
Commission shall implement the budget, in accordance with the
provisions of the regulations made pursuant to Article 183, on its own
responsibility and within the limits of the appropriations, having
regard to the principles of sound financial management. Member States
shall cooperate with the Commission to ensure that the appropriations
are used in accordance with the principles of sound financial
management.’ 10. Article 180b(1) shall be replaced by the following:
‘1. The
European Parliament, acting on a recommendation from the Council which
shall act by a qualified majority, shall give a discharge to the
Commission in respect of the implementation of the budget. To this end,
the Council and the European Parliament in turn shall examine the
accounts and the financial statement referred to in Article 179a, the
annual report by the Court of Auditors together with the replies of the
institutions under audit to the observations of the Court of Auditors,
the statement of assurance referred to in Article 160c(1), second
subparagraph, and any relevant special reports by the Court of
Auditors.’ 11. The following Article shall be inserted:
‘Article 204
1. Where a decision has been taken to suspend the voting rights of the representative of the government of a Member State
in accordance with Article F.1(2) of the Treaty on European Union, these voting rights shall also be suspended with regard
to this Treaty.
2. Moreover,
where the existence of a serious and persistent breach by a Member
State of principles mentioned in Article F(1) of the Treaty on European
Union has been determined in accordance with Article F.1(1) of that
Treaty, the Council, acting by a qualified majority, may decide to
suspend certain of the rights deriving from the application of this
Treaty to the Member State in question. In doing so, the Council shall
take into account the possible consequences of such a suspension on the
rights and obligations of natural and legal persons. The obligations of the Member State in question under this Treaty shall in any case continue to be binding on that State.
3. The Council, acting by a qualified majority, may decide subsequently to vary or revoke measures taken in accordance with
paragraph 2 in response to changes in the situation which led to their being imposed.
4. When
taking decisions referred to in paragraphs 2 and 3, the Council shall
act without taking into account the votes of the representative of the
government of the Member State in question. By way of derogation from
Article 118(2) a qualified majority shall be defined as the same
proportion of the weighted votes of the members of the Council
concerned as laid down in Article 118(2). This paragraph shall also apply in the event of voting rights being suspended in accordance with paragraph 1. In such cases,
a decision requiring unanimity shall be taken without the vote of the representative of the government of the Member State
in question.’
The Act concerning the election of the representatives of the European Parliament by direct universal suffrage annexed to
the Council Decision of 20 September 1976 shall be amended in accordance with the provisions of this Article.
1. In Article 2, the following paragraph shall be added:
‘In the event of amendments to this Article, the number of representatives elected in each Member State must ensure appropriate
representation of the peoples of the States brought together in the Community.’.
2. In Article 6(1), the following indent shall be inserted after the fifth indent:
‘- member of the Committee of the Regions,’.
3. Article 7(2) shall be replaced by the following:
‘2. Pending
the entry into force of a uniform electoral procedure or a procedure
based on common principles and subject to the other provisions of this
Act, the electoral procedure shall be governed in each Member State by
its national provisions.’ 4. Article 11 shall be replaced by the following:
‘Pending the entry into force of the uniform electoral procedure or the procedure based on common principles referred to in
Article 7, the European Parliament shall verify the credentials of representatives. For this purpose it shall take note of
the results declared officially by the Member States and shall rule on any disputes which may arise out of the provisions
of this Act other than those arising out of the national provisions to which the Act refers.’
5. Article 12(1) shall be replaced by the following:
‘1. Pending the entry into force of the uniform electoral procedure or the procedure based on common principles referred to
in Article 7 and subject to the other provisions of this Act, each Member State shall lay down appropriate procedures for
filling any seat which falls vacant during the five-year term of office referred to in Article 3 for the remainder of that
period.’
The
Treaty establishing the European Community, including the annexes and
protocols thereto, shall be amended in accordance with the provisions
of this Article for the purpose of deleting lapsed provisions of the
Treaty and adapting in consequence the text of certain of its
provisions. I. TEXT OF THE ARTICLES OF THE TREATY
1. In Article 3, point (a), the word ‘elimination’ shall be replaced by ‘prohibition’.
2. Article 7 shall be repealed.
3. Article 7a shall be amended as follows:
(a) the first and second paragraphs shall be numbered and thus become paragraphs 1 and 2;
(b)
in the new paragraph 1, the following references shall be deleted:
‘7b’, ‘70(1)’ and ‘and 100b’; before the citation of Article 100a, the
comma shall be replaced by the word ‘and’; (c) there shall be added a paragraph 3 with the wording of the second paragraph of Article 7b which reads as follows:
‘3. The
Council, acting by a qualified majority on a proposal from the
Commission, shall determine the guidelines and conditions necessary to
ensure balanced progress in all the sectors concerned.’. 4. Article 7b shall be repealed.
5. Article 8b shall be amended as follows:
(a) in paragraph 1 the words ‘to be adopted before 31 December 1994’ shall be replaced by ‘adopted’;
(b) in paragraph 2, first sentence, the reference to ‘Article 138(3)’ shall become ‘Article 138(4)’;
(c) in paragraph 2, second sentence, the words ‘to be adopted before 31 December 1993’ shall be replaced by ‘adopted’.
6.
In Article 8c, second sentence, the words ‘Before 31 December 1993,
Member States . . .’ shall be replaced by ‘Member States
. . .’. 7. In Article 8e, first paragraph, the words ‘before 31
December 1993 and then,’ shall be deleted, as well as the comma after
the words ‘every three years’. 8. In Article 9(2), the words ‘The provisions of Chapter
1, Section 1, and of Chapter 2 . . .’ shall be replaced by
‘The provisions of Article 12 and of Chapter 2 . . .’. 9. In Article 10, paragraph 2 shall be deleted and paragraph 1 shall remain without a number.
10. Article 11 shall be repealed.
11.
In Chapter 1, The Customs Union, the heading ‘Section 1 - Elimination
of customs duties between Member States’ shall be deleted. 12. Article 12 shall be replaced by the following:
‘Article 12
Customs duties on imports and exports and charges having equivalent effect shall be prohibited between Member States. This
prohibition shall also apply to customs duties of a fiscal nature.’.
13. Articles 13 to 17 shall be repealed.
14. The heading ‘Section 2 - Setting up of the Common Customs Tariff’ shall be deleted.
15. Articles 18 to 27 shall be repealed.
16. Article 28 shall be replaced by the following:
‘Article 28
Common Customs Tariff duties shall be fixed by the Council acting by a qualified majority on a proposal from the Commission.’.
17. In the introductory part of Article 29, the words ‘this Section’ shall be replaced by ‘this Chapter’.
18. In the title of Chapter 2, the word ‘Elimination’ shall be replaced by ‘Prohibition’.
19.
In Article 30, the words ‘shall, without prejudice to the following
provisions, be prohibited . . .’ shall be replaced by
‘shall be prohibited . . .’. 20. Articles 31, 32 and 33 shall be repealed.
21. In Article 34, paragraph 2 shall be deleted and paragraph 1 shall remain without a number.
22. Article 35 shall be repealed.
23. In Article 36, the words ‘The provisions of Articles 30 to 34’ shall be replaced by ‘The provisions of Articles 30 and 34’.
24. Article 37 shall be amended as follows:
(a)
in paragraph 1, first subparagraph, the word ‘progressively’ and the
words ‘when the transitional period has ended’ shall be deleted; (b) in paragraph 2, the word ‘abolition’ shall be replaced by ‘prohibition’;
(c) paragraphs 3, 5 and 6 shall be deleted and paragraph 4 shall become paragraph 3;
(d)
in the new paragraph 3, the words ‘account being taken of the
adjustments that will be possible and the specialization that will be
needed with the passage of time.’ shall be deleted and the comma after
‘concerned’ shall become a full stop. 25. Article 38 shall be amended as follows:
(a)
in paragraph 3, first sentence, the reference to Annex II shall be
replaced by a reference to Annex I and the second sentence, beginning
with the words ‘Within two years of the entry into force
. . .’ shall be deleted; (b) in paragraph 4, the words ‘among the Member States.’ shall be deleted.
26. Article 40 shall be amended as follows:
(a) paragraph 1 shall be deleted and paragraphs 2, 3 and 4 shall become paragraphs 1, 2 and 3;
(b) (does not concern the English language version);
(c) in new paragraph 2, the reference to ‘paragraph 2’ shall become ‘paragraph 1’;
(d) in new paragraph 3, the reference to ‘paragraph 2’ shall become ‘paragraph 1’;
27. Article 43 shall be amended as follows:
(a)
in paragraph 2, third subparagraph, the words ‘acting unanimously
during the first two stages and by a qualified majority thereafter’
shall be replaced by ‘acting by a qualified majority’; (b) in paragraphs 2 and 3, the reference to ‘Article 40(2)’ shall become ‘Article 40(1)’.
28. Articles 44 and 45 and Article 47 shall be repealed.
29. In Article 48(1), the words ‘by the end of the transitional period at the latest’ shall be deleted.
30. Article 49 shall be amended as follows:
(a)
in the introductory part, the words ‘As soon as this Treaty enters into
force, the Council . . .’ shall be replaced by ‘The Council
. . .’ and the words ‘by progressive stages’ together with
the commas preceding and following those words shall be deleted; (b) in points (b) and (c) respectively, the words ‘systematically and progressively’ shall be deleted.
31. The first paragraph of Article 52 shall be amended as follows:
(a)
in the first sentence, the words ‘abolished by progressive stages in
the course of the transitional period’ shall be replaced by the word
‘prohibited’; (b) in the second sentence, the words ‘progressive abolition’ shall be replaced by the word ‘prohibition’.
32. Article 53 shall be repealed.
33. Article 54 shall be amended as follows:
(a) paragraph 1 shall be deleted and paragraphs 2 and 3 shall become paragraphs 1 and 2;
(b)
in new paragraph 1, the words ‘implement this general programme or, in
the absence of such a programme, in order to achieve a stage in
attaining’ shall be replaced by ‘attain’. 34. In Article 59, first paragraph, the words
‘progressively abolished during the transitional period’ shall be
replaced by ‘prohibited’. 35. In Article 61(2), the word ‘progressive’ shall be deleted.
36. Article 62 shall be repealed.
37. Article 63 shall be amended as follows:
(a) paragraph 1 shall be deleted and paragraphs 2 and 3 shall become paragraphs 1 and 2;
(b)
in new paragraph 1, the words ‘implement this general programme or, in
the absence of such a programme, in order to achieve a stage in’ shall
be replaced by the word ‘achieve’ and the words ‘unanimously until the
end of the first stage and by a qualified majority thereafter’ shall be
replaced by the words ‘by a qualified majority’; (c) in new paragraph 2, the words ‘As regards the
proposals and decisions referred to in paragraphs 1 and 2’ shall be
replaced by ‘As regards the directives referred to in paragraph 1’. 38. In Article 64, first paragraph, ‘Article 63(2)’ shall be replaced by ‘Article 63(1)’.
39. Articles 67 to 73a, Article 73e and Article 73h shall be repealed.
40. Article 75(2) shall be deleted and paragraph 3 shall become paragraph 2.
41.
In Article 76, the words ‘when this Treaty enters into force’ shall be
replaced by ‘on 1 January 1958 or, for acceding States, the date of
their accession’. 42. Article 79 shall be amended as follows:
(a) in paragraph 1 the words ‘at the latest, before the end of the second stage’ shall be deleted;
(b)
in paragraph 3, the words ‘Within two years of the entry into force of
this Treaty, the Council shall’ shall be replaced by ‘The Council
shall’. 43. In Article 80(1), the words ‘as from the beginning of the second stage’ shall be deleted.
44.
In Article 83, the words ‘without prejudice to the powers of the
transport section of the Economic and Social Committee.’ shall be
replaced by ‘without prejudice to the powers of the Economic and Social
Committee.’. 45. In Article 84(2), second subparagraph, the words
‘procedural provisions of Article 75(1) and (3)’ shall be replaced by
‘procedural provisions of Article 75’. 46. In Article 87, the two subparagraphs of paragraph 1 shall be merged into a single paragraph. This new paragraph shall
read as follows:
‘1. The
appropriate regulations or directives to give effect to the principles
set out in Articles 85 and 86 shall be laid down by the Council, acting
by a qualified majority on a proposal from the Commission and after
consulting the European Parliament.’. 47. In Article 89(1), the words ‘, as soon as it takes up its duties,’ shall be deleted.
48. After Article 90, the heading ‘Section 2 - Dumping’ shall be deleted.
49. Article 91 shall be repealed.
50. Before Article 92, the heading ‘Section 3’ shall be replaced by ‘Section 2’.
51.
In Article 92(3)(c), the second sentence, beginning ‘However, the aids
granted to shipbuilding . . .’ and ending ‘towards third
countries;’ shall be deleted and the remaining part of point (c) shall
end with a semicolon. 52. In Article 95, the third paragraph shall be deleted.
53. Article 97 and Article 100b shall be repealed.
54.
In Article 101, second paragraph, the words ‘acting unanimously during
the first stage and by a qualified majority thereafter’ shall be
replaced by ‘acting by a qualified majority’. 55. In Article 109e(2)(a), first indent, the following words shall be deleted: ‘, without prejudice to Article 73e,’.
56. Article 109f shall be amended as follows:
(a)
in paragraph 1, second subparagraph, the words ‘on a recommendation
from, as the case may be, the Committee of Governors of the central
banks of the Member States (hereinafter referred to as “Committee of
Governors”) or the Council of the EMI’ shall be replaced by ‘on a
recommendation from the Council of the EMI’; (b) in paragraph 1, the fourth subparagraph which states
‘The Committee of Governors shall be dissolved at the start of the
second stage.’ shall be deleted; (c) in paragraph 8, the second subparagraph which states
‘Where this Treaty provides for a consultative role for the EMI,
references to the EMI shall be read, before 1 January 1994, as
referring to the Committee of Governors.’ shall be deleted. 57. Article 112 shall be amended as follows:
(a) in paragraph 1, first subparagraph, the words ‘before the end of the transitional period’ shall be deleted;
(b)
in paragraph 1, second subparagraph, the words ‘acting unanimously
until the end of the second stage and by a qualified majority
thereafter’ shall be replaced by ‘acting by a qualified majority’. 58. In Article 129c(1), first subparagraph, third
indent, the words ‘Cohesion Fund to be set up no later than 31 December
1993’ shall be replaced by ‘Cohesion Fund set up’. 59. In Article 130d, second paragraph, the words ‘The
Council, acting in accordance with the same procedure, shall before 31
December 1993 set up a Cohesion Fund to’ shall be replaced by ‘A
Cohesion Fund set up by the Council in accordance with the same
procedure shall’. 60. In Article 130s, paragraph 5, second indent, the
words ‘Cohesion Fund to be set up no later than 31 December 1993
pursuant to Article 130d’ shall be replaced by ‘Cohesion Fund set up
pursuant to Article 130d.’. 61. In Article 130w, paragraph 3, the words ‘ACP-EEC Convention’ shall be replaced by ‘ACP-EC Convention’.
62.
In Article 131, first paragraph, the words ‘Belgium’ and ‘Italy’ shall
be deleted and the reference to Annex IV shall be replaced by a
reference to Annex II. 63. Article 133 shall be amended as follows:
(a)
in paragraph 1, the words ‘completely abolished’ shall be replaced by
the word ‘prohibited’ and the words ‘progressive abolition’ shall be
replaced by the word ‘prohibition’; (b) in paragraph 2, the words ‘progressively abolished’
shall be replaced by the word ‘prohibited’ and the references to
Articles 13, 14, 15 and 17 shall be deleted with the result that the
paragraph ends with the words ‘. . . in accordance with the
provisions of Article 12.’; (c) in paragraph 3, second subparagraph, the words
‘shall nevertheless be progressively reduced to’ shall be replaced by
‘may not exceed’ and the second sentence beginning ‘The percentages and
the timetable . . .’ and ending with ‘importing country or
territory.’ shall be deleted; (d) in paragraph 4, the words ‘when this Treaty enters into force’ shall be deleted.
64. Article 136 shall be replaced by the following:
‘Article 136
The
Council, acting unanimously, shall, on the basis of the experience
acquired under the association of the countries and territories with
the Community and of the principles set out in this Treaty, lay down
provisions as regards the detailed rules and the procedure for the
association of the countries and territories with the Community.’. 65. Article 138 shall be amended as follows, to include
Article 1, Article 2 as amended by Article 5 of this Treaty, and
Article 3(1) of the Act concerning the election of the representatives
of the European Parliament by direct universal suffrage, annexed to the
Council Decision of 20 September 1976; Annex II of that Act shall
continue to be applied: (a) in the place of paragraphs 1 and 2, which lapsed in
accordance with Article 14 of the Act concerning the election of the
representatives of the European Parliament, there shall be inserted the
text of Articles 1 and 2 of the said Act as paragraphs 1 and 2; the new
paragraphs 1 and 2 shall read as follows: ‘1. The representatives in the European Parliament of the peoples of the States brought together in the Community shall be
elected by direct universal suffrage.
2. The number of representatives elected in each Member State shall be as follows:
| |
|
| Belgium |
25 |
| Denmark |
16 |
| Germany |
99 |
| Greece |
25 |
| Spain |
64 |
| France |
87 |
| Ireland |
15 |
| Italy |
87 |
| Luxembourg |
6 |
| Netherlands |
31 |
| Austria |
21 |
| Portugal |
25 |
| Finland |
16 |
| Sweden |
22 |
| United Kingdom |
87. |
In the event of amendments to this paragraph, the number of representatives elected in each Member State must ensure appropriate
representation of the peoples of the States brought together in the Community.’;
(b) after the new paragraphs 1 and 2, there shall be inserted the text of Article 3(1) of the aforesaid Act as paragraph 3;
the new paragraph 3 shall read as follows:
‘3. Representatives shall be elected for a term of five years.’;
(c) the existing paragraph 3 as amended by Article 2 of this Treaty shall become paragraph 4;
(d) paragraph 4 as added by Article 2 of this Treaty shall become paragraph 5.
66. Article 158(3) shall be deleted.
67. In Article 166, first paragraph, the words ‘as from the date of accession’ shall be replaced by ‘as from 1 January 1995’.
68.
In Article 188b(3), the second subparagraph, commencing ‘However, when
the first appointments . . .’ shall be deleted. 69. In Article 197, the second paragraph, commencing ‘In particular, it shall . . .’ shall be deleted.
70. In Article 207, the second, third, fourth and fifth paragraphs shall be deleted.
71.
In the place of Article 212 there shall be inserted the text of Article
24(1), second subparagraph, of the Treaty establishing a Single Council
and a Single Commission of the European Communities; the new Article
212 shall accordingly read as follows: ‘Article 212
The Council shall, acting by
a qualified majority on a proposal from the Commission and after
consulting the other institutions concerned, lay down the Staff
Regulations of officials of the European Communities and the Conditions
of Employment of other servants of those Communities.’. 72. In the place of Article 218 there shall be inserted
the adapted text of Article 28, first paragraph, of the Treaty
establishing a Single Council and a Single Commission of the European
Communities; the new Article 218 shall accordingly read as follows: ‘Article 218
The Community shall enjoy in
the territories of the Member States such privileges and immunities as
are necessary for the performance of its tasks, under the conditions
laid down in the Protocol of 8 April 1965 on the privileges and
immunities of the European Communities. The same shall apply to the
European Central Bank, the European Monetary Institute, and the
European Investment Bank.’. 73. In Article 221 the words ‘Within three years of the
entry into force of this Treaty, Member States shall accord
. . .’ shall be replaced by ‘Member States shall accord
. . .’. 74. In Article 223, paragraphs 2 and 3 shall be merged and replaced by the following:
‘2. The Council may, acting unanimously on a proposal from the Commission, make changes to the list, which it drew up on 15
April 1958, of the products to which the provisions of paragraph 1(b) apply.’.
75. Article 226 shall be repealed.
76. Article 227 shall be amended as follows:
(a) in paragraph 3, the reference to Annex IV shall be replaced by a reference to Annex II;
(b) after paragraph 4, a new paragraph shall be inserted as follows:
‘5. The
provisions of this Treaty shall apply to the Åland Islands in
accordance with the provisions set out in Protocol No 2 to the Act
concerning the conditions of accession of the Republic of Austria, the
Republic of Finland and the Kingdom of Sweden.’; (c) the former paragraph 5 shall become paragraph 6 and point (d) thereof, concerning the Åland Islands shall be deleted;
point (c) shall end with a full stop.
77.
In Article 229, first paragraph, the words ‘organs of the United
Nations, of its specialised agencies and of the General Agreement on
Tariffs and Trade.’ shall be replaced by ‘organs of the United Nations
and of its specialised agencies.’ 78. In Article 234, first paragraph, the words ‘before
the entry into force of this Treaty’ shall be replaced by ‘before 1
January 1958 or, for acceding States, before the date of their
accession’. 79. The heading preceding Article 241 entitled ‘Setting up of the institutions’ shall be deleted.
80. Articles 241 to 246 shall be repealed.
81. In Article 248 a new paragraph shall be added as follows:
‘Pursuant to the Accession Treaties, the Danish, English, Finnish, Greek, Irish, Portuguese, Spanish and Swedish versions
of this Treaty shall also be authentic.’.
II. ANNEXES
1. Annex I ‘Lists A to G referred to in Articles 19 and 20 of the Treaty’ shall be deleted.
2.
Annex II ‘List referred to in Article 38 of the Treaty’ shall become
Annex I and the reference to ‘AnnesAnnex II to the Treaty’ under
numbers ex 22.08 and ex 22.09 shall become a reference to
‘Annex I to the Treaty’. 3. Annex III ‘List of invisible transactions referred to in Article 73h of the Treaty’ shall be deleted.
4.
Annex IV ‘Overseas countries and territories to which the provisions of
Part IV of the Treaty apply’ shall become Annex II. It is brought
up to date and reads as follows: ‘ANNEX II
OVERSEAS COUNTRIES AND TERRITORIES
to which the provisions of Part IV of the Treaty apply
- Greenland,
- New Caledonia and Dependencies,
- French Polynesia,
- French Southern and Antarctic Territories,
- Wallis and Futuna Islands,
- Mayotte,
- Saint Pierre and Miquelon,
- Aruba,
- Netherlands Antilles:
- Bonaire,
- Curaçao,
- Saba,
- Sint Eustatius,
- Sint Maarten,
- Anguilla,
- Cayman Islands,
- Falkland Islands,
- South Georgia and the South Sandwich Islands,
- Montserrat,
- Pitcairn,
- Saint Helena and Dependencies,
- British Antarctic Territory,
- British Indian Ocean Territory,
- Turks and Caicos Islands,
- British Virgin Islands,
- Bermuda.’.
III. PROTOCOLS AND OTHER ACTS
1. The following protocols and acts shall be repealed:
(a) Protocol amending the Protocol on the privileges and immunities of the European Communities;
(b) Protocol on German internal trade and connected problems;
(c) Protocol on certain provisions relating to France;
(d) Protocol on the Grand Duchy of Luxembourg;
(e) Protocol on the treatment to be applied to products within the province of the European Coal and Steel Community in respect
of Algeria and the overseas departments of the French Republic;
(f) Protocol on mineral oils and certain of their derivatives;
(g) Protocol on the application of the Treaty establishing the European Community to the non-European parts of the Kingdom
of the Netherlands;
(h) Implementing Convention on the Association of the Overseas Countries and Territories with the Community;
- Protocol on the tariff quota for imports of bananas (ex 08.01 of the Brussels Nomenclature);
- Protocol on the tariff quota for imports of raw coffee (ex 09.01 of the Brussels Nomenclature).
2. At the end of the Protocol on the Statute of the European Investment Bank, the list of signatories shall be deleted.
3. Protocol on the Statute of the Court of Justice of the European Community shall be amended as follows:
(a)
the words ‘HAVE DESIGNATED as their plenipotentiaries for this
purpose:’ and the list of Heads of State and their plenipotentiaries
shall be deleted; (b) the words ‘WHO, having exchanged their full powers, found in good and due form,’ shall be deleted;
(c) in Article 3, the adapted text of Article 21 of the Protocol on the privileges and immunities of the European Communities
shall be added as a fourth paragraph; this new fourth paragraph shall accordingly read as follows:
‘Articles
12 to 15 and 18 of the Protocol on the privileges and immunities of the
European Communities shall apply to the Judges, Advocates-General,
Registrar and Assistant Rapporteurs of the Court of Justice, without
prejudice to the provisions relating to immunity from legal proceedings
of Judges which are set out in the preceding paragraphs.’; (d) Article 57 shall be repealed;
(e) the concluding formula ‘IN WITNESS WHEREOF, the undersigned Plenipotentiaries have signed this Protocol.’ shall be deleted;
(f) the list of signatories shall be deleted.
4.
In Article 40 of the Protocol on the Statute of the European System of
Central Banks and of the European Central Bank, the words ‘annexed to
the Treaty establishing a Single Council and a Single Commission of the
European Communities’ shall be deleted. 5. In Article 21 of the Protocol on the Statute of the
European Monetary Institute, the words ‘annexed to the Treaty
establishing a Single Council and a Single Commission of the European
Communities’ shall be deleted. 6. The Protocol on Italy shall be amended as follows:
(a)
in the last paragraph commencing ‘RECOGNISE that in the event
. . .’, the reference to Articles 108 and 109 shall be
replaced by a reference to Articles 109h and 109i; (b) the list of signatories shall be deleted.
7. The Protocol on goods originating in and coming from certain countries and enjoying special treatment when imported into
a Member State shall be amended as follows:
(a) in the introductory part of point 1:
-
the words ‘applicable, at the time of the entry into force of this
Treaty’ shall be replaced by ‘applicable on 1 January 1958.’; - after the words ‘to imports’, the text of point (a)
shall follow on immediately; the text resulting therefrom shall read as
follows: ‘. . . to imports into the Benelux countries
of goods originating in and coming from Suriname or the Netherlands
Antilles;’; (b) in point 1, points (a), (b) and (c) shall be deleted;
(c)
in point 3, the words ‘Before the end of the first year after the entry
into force of this Treaty, Member States . . .’ shall be
replaced by ‘Member States’; (d) the list of signatories shall be deleted.
8. The Protocol concerning imports into the European Community of petroleum products refined in the Netherlands Antilles shall
be amended as follows:
(a)
the concluding formula ‘IN WITNESS WHEREOF the undersigned
Plenipotentiaries have placed their signatures below this Protocol.’
shall be deleted; (b) the list of signatories shall be deleted.
9. In the Protocol on special arrangements for Greenland, Article 3 shall be repealed.
The
Treaty establishing the European Coal and Steel Community, including
the annexes, protocols and other acts annexed thereto, shall be amended
in accordance with the provisions of this Article for the purpose of
deleting lapsed provisions of the Treaty and adapting in consequence
the text of certain of its provisions. I. TEXT OF THE ARTICLES OF THE TREATY
1. In Article 2, second paragraph, the word ‘progressively’ shall be deleted.
2. In Article 4, in the introductory part, the words ‘abolished and’ shall be deleted.
3. Article 7 shall be amended as follows:
(a)
in the first indent, the words ‘a HIGH AUTHORITY (hereinafter referred
to as “the Commission”)’ shall be replaced by ‘a COMMISSION’; (b) in the second indent, the words ‘a COMMON ASSEMBLY
(hereinafter referred to as “the European Parliament”)’ shall be
replaced by ‘a EUROPEAN PARLIAMENT’; (c) in the third indent, the words ‘a SPECIAL COUNCIL OF
MINISTERS (hereinafter referred to as “the Council”)’ shall be replaced
by ‘a COUNCIL’; 4. Article 10(3) shall be deleted.
5. In Article 16, the first and second paragraphs shall be deleted.
6.
Article 21 shall be amended as follows, to include Article 1, Article 2
as amended by Article 5 of this Treaty, and Article 3(1) of the Act
concerning the election of the representatives of the European
Parliament by direct universal suffrage, annexed to the Council
Decision of 20 September 1976; Annex II of that Act shall continue to
be applied: (a) in the place of paragraphs 1 and 2, which lapsed in
accordance with Article 14 of the Act concerning the election of the
representatives of the European Parliament, there shall be inserted the
text of Articles 1 and 2 of the said Act as paragraphs 1 and 2; the new
paragraphs 1 and 2 shall read as follows: ‘1. The representatives in the European Parliament of the peoples of the States brought together in the Community shall be
elected by direct universal suffrage.
2. The number of representatives elected in each Member State shall be as follows:
| |
|
| Belgium |
25 |
| Denmark |
16 |
| Germany |
99 |
| Greece |
25 |
| Spain |
64 |
| France |
87 |
| Ireland |
15 |
| Italy |
87 |
| Luxembourg |
6 |
| Netherlands |
31 |
| Austria |
21 |
| Portugal |
25 |
| Finland |
16 |
| Sweden |
22 |
| United Kingdom |
87. |
In the event of amendments to this paragraph, the number of representatives elected in each Member State must ensure appropriate
representation of the peoples of the States brought together in the Community.’;
(b) after the new paragraphs 1 and 2, there shall be inserted the text of Article 3(1) of the aforesaid Act as paragraph 3;
the new paragraph 3 shall read as follows:
‘3. Representatives shall be elected for a term of five years.’;
(c) the existing paragraph 3 as amended by Article 3 of this Treaty shall become paragraph 4;
(d) paragraph 4 as added by Article 3 of this Treaty shall become paragraph 5.
7. In Article 32a, first paragraph, the words ‘the date of accession’ shall be replaced by ‘1 January 1995’.
8.
In Article 45b(3), the second subparagraph commencing ‘However, when
the first appointments . . .’ shall be deleted. 9. In Article 50, the adapted text of paragraphs 2 and 3
of Article 20 of the Treaty establishing a Single Council and a Single
Commission of the European Communities shall be inserted as new
paragraphs 4 and 5; the new paragraphs 4 and 5 shall accordingly read
as follows: ‘4. The portion of the expenditure of the budget of the Communities covered by the levies provided for in Article 49 shall
be fixed at 18 million units of account.
The
Commission shall submit annually to the Council a report on the basis
of which the Council shall examine whether there is reason to adjust
this figure to changes in the budget of the Communities. The Council
shall act by the majority laid down in the first sentence of the fourth
paragraph of Article 28. The adjustment shall be made on the basis of
an assessment of developments in expenditure arising from the
application of this Treaty. 5. The portion of the levies assigned to cover
expenditure under the budget of the Communities shall be allocated by
the Commission for the implementation of that budget in accordance with
the timetable provided for in the financial regulations adopted
pursuant to Article 209(b) of the Treaty establishing the European
Community and Article 183(b) of the Treaty establishing the Atomic
Energy Community.’. 10. Article 52 shall be repealed.
11. In
the place of Article 76 there shall be inserted the adapted text of
Article 28, first paragraph, of the Treaty establishing a Single
Council and a Single Commission of the European Communities; the new
Article 76 shall accordingly read as follows: ‘Article 76
The Community shall enjoy in the territories of the Member States such privileges and immunities as are necessary for the
performance of its tasks, under the conditions laid down in the Protocol of 8 April 1965 on the privileges and immunities
of the European Communities.’.
12. Article 79 shall be amended as follows:
(a)
in the second sentence of the first paragraph, the part of the sentence
which commences ‘as regards the Saar . . .’ shall be deleted
and the semicolon shall be replaced by a full stop; (b) after the first paragraph, a second paragraph shall be inserted as follows:
‘The
provisions of this Treaty shall apply to the Åland Islands in
accordance with the provisions of Protocol No 2 of the Act concerning
the conditions of accession of the Republic of Austria, the Republic of
Finland and the Kingdom of Sweden.’; (c) in the existing second paragraph, in the
introductory part, the words ‘Notwithstanding the preceding paragraph:’
shall be replaced by ‘Notwithstanding the preceding paragraphs:’; (d) in the existing second paragraph, point (d) concerning the Åland Islands shall be deleted.
13.
In Article 84, the words ‘Treaty and its Annexes, of the Protocols
annexed thereto and of the Convention on the transitional Provisions.’
shall be replaced by ‘Treaty and its Annexes and of the Protocols
annexed thereto.’ 14. Article 85 shall be repealed.
15. In
Article 93, the words ‘Organisation for European Economic Cooperation’
shall be replaced by ‘Organisation for Economic Cooperation and
Development’. 16. In Article 95, third paragraph, the words ‘If, after
the end of the transitional period provided in the Convention on the
Transitional Provisions, unforeseen difficulties . . .’ shall
be replaced by ‘If unforeseen difficulties . . .’. 17. In Article 97, the wording ‘This Treaty is concluded
for a period of 50 years from its entry into force.’ shall be replaced
by ‘This Treaty shall expire on 23 July 2002.’. II. TEXT OF ANNEX III ‘Special steels’
At the end of Annex III, the initials of the plenipotentiaries of the Heads of State and Government shall be deleted.
III. PROTOCOLS AND OTHER ACTS ANNEXED TO THE TREATY
1. The following acts shall be repealed:
(a) Exchange of letters between the Government of the Federal Republic of Germany and the Government of the French Republic
concerning the Saar;
(b) Convention on the Transitional Provisions.
2. The Protocol on the Statute of the Court of Justice of the European Coal and Steel Community shall be amended as follows:
(a) Titles I and II of the Protocol shall be replaced by the text of Titles I and II of the Protocol on the Statute of the
Court of Justice of the European Community annexed to the Treaty establishing the European Community;
(b) Article 56 shall be repealed and the heading ‘Transitional provision’ which precedes it shall be deleted;
(c) the list of signatories shall be deleted.
3. The Protocol on relations with the Council of Europe shall be amended as follows:
(a) Article 1 shall be repealed;
(b) the list of signatories shall be deleted.
The Treaty establishing the European Atomic Energy Community, including the annexes and protocols thereto, shall be amended
in accordance with the provisions of this Article for the purpose of deleting lapsed provisions of the Treaty and adapting
in consequence the text of certain of its provisions.
I. TEXT OF THE ARTICLES OF THE TREATY
1.
In Article 76, second paragraph, the words ‘after the entry into force
of this Treaty’ shall be replaced by ‘after 1 January 1958’. 2. In the introductory part to the first paragraph of
Article 93, the words ‘Member States shall abolish between themselves,
one year after the entry into force of this Treaty, all customs duties
. . .’ shall be replaced by ‘Member States shall prohibit
between themselves all customs duties . . .’. 3. Articles 94 and 95 shall be repealed.
4.
In Article 98, second paragraph, the words ‘Within two years of the
entry into force of this Treaty, the Council . . .’ shall be
replaced by ‘The Council . . .’. 5. Article 100 shall be repealed.
6. Article 104 shall be amended as follows:
(a)
in the first paragraph, the words ‘after the entry into force of this
Treaty’ shall be replaced by ‘after 1 January 1958 or, for acceding
States, after the date of their accession,’; (b) in the second paragraph the words ‘after the entry
into force of this Treaty, within the purview thereof’ shall be
replaced by ‘after the dates referred to in the first paragraph, within
the scope of this Treaty’. 7. Article 105 shall be amended as follows:
(a)
in the first paragraph, the words ‘concluded before its entry into
force by a Member State’ shall be replaced by ‘concluded before 1
January 1958 or, for acceding States, before the date of their
accession, by a Member State’. At the end of that paragraph the words
‘the entry into force of this Treaty’ shall be replaced by ‘the
aforesaid dates’; (b) in the second paragraph, the words ‘concluded
between the signature and the entry into force of this Treaty’ shall be
replaced by ‘concluded between 25 March 1957 and 1 January 1958 or, for
acceding States, between the signature of the instrument of accession
and the date of their accession’. 8. In Article 106, first paragraph, the words ‘before
the entry into force of this Treaty’ shall be replaced by ‘before 1
January 1958 or, for acceding States, before the date of their
accession’. 9. Article 108 shall be amended as follows, to include
Article 1, Article 2 as amended by Article 5 of this Treaty, and
Article 3(1) of the Act concerning the election of the representatives
of the European Parliament by direct universal suffrage, annexed to the
Council Decision of 20 September 1976; Annex II of that Act shall
continue to be applied: (a) in the place of paragraphs 1 and 2, which lapsed in
accordance with Article 14 of the Act concerning the election of the
representatives of the European Parliament, there shall be inserted the
text of Articles 1 and 2 of the said Act as paragraphs 1 and 2; the new
paragraphs 1 and 2 shall read as follows: ‘1. The representatives in the European Parliament of the peoples of the States brought together in the Community shall be
elected by direct universal suffrage.
2. The number of representatives elected in each Member State shall be as follows:
| |
|
| Belgium |
25 |
| Denmark |
16 |
| Germany |
99 |
| Greece |
25 |
| Spain |
64 |
| France |
87 |
| Ireland |
15 |
| Italy |
87 |
| Luxembourg |
6 |
| Netherlands |
31 |
| Austria |
21 |
| Portugal |
25 |
| Finland |
16 |
| Sweden |
22 |
| United Kingdom |
87. |
In the event of amendments to this paragraph, the number of representatives elected in each Member State must ensure appropriate
representation of the peoples of the States brought together in the Community.’;
(b) after the new paragraphs 1 and 2, there shall be inserted the text of Article 3(1) of the aforesaid Act as paragraph 3;
the new paragraph 3 shall read as follows:
‘3. Representatives shall be elected for a term of five years.’;
(c) the existing paragraph 3 as amended by Article 4 of this Treaty shall become paragraph 4;
(d) paragraph 4 as added by Article 4 of this Treaty shall become paragraph 5.
10. In Article 127, paragraph 3 shall be deleted.
11. In Article 138, first paragraph, the words ‘the date of accession’ shall be replaced by ‘1 January 1995’.
12.
In Article 160b(3), the second subparagraph commencing ‘However, when
the first appointments . . .’ shall be deleted. 13. In Article 181, the second, third and fourth paragraphs shall be deleted.
14.
In the place of Article 191 there shall be inserted the adapted text of
Article 28, first paragraph, of the Treaty establishing a Single
Council and a Single Commission of the European Communities; the new
Article 191 shall accordingly read as follows: ‘Article 191
The Community shall enjoy in the territories of the Member States such privileges and immunities as are necessary for the
performance of its tasks, under the conditions laid down in the Protocol of 8 April 1965 on the privileges and immunities
of the European Communities.’.
15. Article 198 shall be amended as follows:
(a) after the second paragraph there shall be inserted a third paragraph as follows:
‘The
provisions of this Treaty shall apply to the Åland Islands in
accordance with the provisions set out in Protocol No 2 to the Act
concerning the conditions of accession of the Republic of Austria, the
Republic of Finland and the Kingdom of Sweden.’; (b) in the existing third paragraph, point (e) concerning the Åland Islands shall be deleted.
16.
In Article 199, first paragraph, the words ‘and of the General
Agreement on Tariffs and Trade’ shall be replaced by ‘and of the World
Trade Organisation’. 17. Title VI, ‘Provisions relating to the initial
period’, comprising Section 1, ‘Setting up of the institutions’,
Section 2, ‘Provisions for the initial application of this Treaty’ and
Section 3, ‘Transitional provisions’ and Articles 209 to 223, shall be
repealed. 18. In Article 225 there shall be added a new paragraph as follows:
‘Pursuant to the Accession treaties the Danish, English, Finnish, Greek, Irish, Portuguese, Spanish and Swedish versions of
this Treaty shall also be authentic.’.
II. ANNEXES
Annex
V, ‘Initial research and training programme referred to in Article 215
of this Treaty’ including the table ‘Breakdown by main headings
. . .’ shall be deleted. III. PROTOCOLS
1. The Protocol on the application of the Treaty establishing the European Atomic Energy Community to the non-European parts
of the Kingdom of the Netherlands shall be repealed.
2. The Protocol on the Statute of the Court of Justice of the European Atomic Energy Community shall be amended as follows:
(a)
the words ‘HAVE DESIGNATED as their Plenipotentiaries for this
Purpose:’ and the list of Heads of State and their plenipotentiaries
shall be deleted; (b) the words ‘WHO, having exchanged their full powers, found in good and due form,’ shall be deleted;
(c) in Article 3, the adapted text of Article 21 of the Protocol on the privileges and immunities of the European Communities
shall be added as a fourth paragraph; this new fourth paragraph shall accordingly read as follows:
‘Articles
12 to 15 and 18 of the Protocol on the privileges and immunities of the
European Community shall apply to the Judges, Advocates-General,
Registrar and Assistant Rapporteurs of the Court of Justice, without
prejudice to the provisions relating to immunity from legal proceedings
of Judges which are set out in the preceding paragraphs.’; (d) Article 58 shall be repealed;
(e) the concluding formula ‘IN WITNESS WHEREOF, the undersigned Plenipotentiaries have signed this Protocol.’ shall be deleted;
(f) the list of signatories shall be deleted.
1. Without
prejudice to the paragraphs following hereinafter, which have as their
purpose to retain the essential elements of their provisions, the
Convention of 25 March 1957 on certain institutions common to the
European Communities and the Treaty of 8 April 1965 establishing a
Single Council and a Single Commission of the European Communities, but
with the exception of the Protocol referred to in paragraph 5, shall be
repealed. 2. The powers conferred on the European Parliament,
the Council, the Commission, the Court of Justice and the Court of
Auditors by the Treaty establishing the European Community, the Treaty
establishing the European Coal and Steel Community and the Treaty
establishing the European Atomic Energy Community shall be exercised by
the single institutions under the conditions laid down respectively by
the said Treaties and this Article. The functions conferred on the Economic and Social
Committee by the Treaty establishing the European Community and the
Treaty establishing the European Atomic Energy Community shall be
exercised by a single committee under the conditions laid down
respectively by the said Treaties. The provisions of Articles 193 and
197 of the Treaty establishing the European Community shall apply to
that Committee. 3. The officials and other staff of the European
Communities shall form part of the single administration of those
Communities and shall be governed by the provisions adopted pursuant to
Article 212 of the Treaty establishing the European Community. 4. The European Communities shall enjoy in the
territories of the Member States such privileges and immunities as are
necessary for the performance of their tasks under the conditions set
out in the Protocol referred to in paragraph 5. The position shall be
the same as regards the European Central Bank, the European Monetary
Institute and the European Investment Bank. 5. In the Protocol of 8 April 1965 on the privileges and immunities of the European Communities there shall be inserted an
Article 23, as laid down in Protocol amending the said Protocol; that Article reads as follows:
‘Article 23
This Protocol shall also apply to the European Central Bank, to the members of its organs and to its staff, without prejudice
to the provisions of the Protocol on the Statute of the European System of Central Banks and the European Central Bank.
The
European Central Bank shall, in addition, be exempt from any form of
taxation or imposition of a like nature on the occasion of any increase
in its capital and from the various formalities which may be connected
therewith in the State where the Bank has its seat. The activities of
the Bank and of its organs carried on in accordance with the Statute of
the European System of Central Banks and of the European Central Bank
shall not be subject to any turnover tax. The above provisions shall also apply to the European Monetary Institute. Its dissolution or liquidation shall not give rise
to any imposition.’.
6. The
revenue and expenditure of the European Community, the administrative
expenditure of the European Coal and Steel Community and the revenue
relating thereto and the revenue and expenditure of the European Atomic
Energy Community, except for those of the Supply Agency and Joint
Undertakings, shall be shown in the budget of the European Communities,
under the conditions laid down respectively in the Treaties
establishing the three Communities. 7. Without prejudice to the application of Article
216 of the Treaty establishing the European Community, Article 77 of
the Treaty establishing the European Coal and Steel Community, Article
189 of the Treaty establishing the European Atomic Energy Community and
the second paragraph of Article 1 of the Protocol on the Statute of the
European Investment Bank, the representatives of the Governments of the
Member States shall adopt by common accord the necessary provisions for
the purpose of dealing with certain problems particular to the Grand
Duchy of Luxembourg which arise from the creation of a Single Council
and a Single Commission of the European Communities.
1. The
repeal or deletion in this Part of lapsed provisions of the Treaty
establishing the European Community, the Treaty establishing the
European Coal and Steel Community and the Treaty establishing the
European Atomic Energy Community as in force before the entry into
force of this Treaty of Amsterdam and the adaptation of certain of
their provisions shall not bring about any change in the legal effects
of the provisions of those Treaties, in particular the legal effects
arising from the time limits laid down by the said Treaties, nor of
Accession Treaties. 2. There shall be no change in the legal effects of the acts in force adopted on the basis of the said Treaties.
3. The
position shall be the same as regards the repeal of the Convention of
25 March 1957 on certain institutions common to the European
Communities and the repeal of the Treaty of 8 April 1965 establishing a
Single Council and a Single Commission of the European Communities.
The
provisions of the Treaty establishing the European Community, the
Treaty establishing the European Coal and Steel Community and the
Treaty establishing the European Atomic Energy Community relating to
the powers of the Court of Justice of the European Communities and to
the exercise of those powers shall apply to the provisions of this Part
and to the Protocol on privileges and immunities referred to in Article
9(5).
PART THREE
GENERAL AND FINAL PROVISIONS
1. The articles, titles and sections of the Treaty on European Union and of the Treaty establishing the European Community,
as amended by the provisions of this Treaty, shall be renumbered in accordance with the tables of equivalences set out in
the Annex to this Treaty, which shall form an integral part thereof.
2. The
cross references to articles, titles and sections in the Treaty on
European Union and in the Treaty establishing the European Community,
as well as between them, shall be adapted in consequence. The same
shall apply as regards references to articles, titles and sections of
those treaties contained in the other Community treaties. 3. The references to the articles, titles and
sections of the Treaties referred to in paragraph 2 contained in other
instruments or acts shall be understood as references to the articles,
titles and sections of the Treaties as renumbered pursuant to paragraph
1 and, respectively, to the paragraphs of the said articles, as
renumbered by certain provisions of Article 6. 4. References, contained in other instruments or acts, to paragraphs of articles of the Treaties referred to in Articles 7
and 8 shall be understood as referring to those paragraphs as renumbered by certain provisions of the said Articles 7 and
8.
This Treaty is concluded for an unlimited period.
1. This
Treaty shall be ratified by the High Contracting Parties in accordance
with their respective constitutional requirements. The instruments of
ratification shall be deposited with the Government of the Italian
Republic. 2. This Treaty shall enter into force on the first
day of the second month following that in which the instrument of
ratification is deposited by the last signatory State to fulfil that
formality.
This
Treaty, drawn up in a single original in the Danish, Dutch, English,
Finnish, French, German, Greek, Irish, Italian, Portuguese, Spanish and
Swedish languages, the texts in each of these languages being equally
authentic, shall be deposited in the archives of the Government of the
Italian Republic, which will transmit a certified copy to each of the
governments of the other signatory States.
En fe de lo cual, los plenipotenciarios abajo firmantes suscriben el presente Tratado.
Til bekræftelse heraf har undertegnede befuldmægtigede underskrevet denne traktat.
Zu Urkund dessen haben die unterzeichneten Bevollmächtigten ihre Unterschriften unter diesen Vertrag gesetzt.
Εις πίστωση των ανωτέρω, οι υπογεγραμμένοι πληρεξούσιοι υπέγραψαν την παρούσα Συνθήκη.
In witness whereof the undersigned Plenipotentiaries have signed this Treaty.
En foi de quoi, les plénipotentiaires soussignés ont apposé leurs signatures au bas du présent traité.
Dá fhianú sin, chuir na Lánchumhachtaigh thíos-sínithe a lámh leis an gConradh seo.
In fede di che, i plenipotenziari sottoscritti hanno apposto le loro firme in calce al presente trattato.
Ten blijke waarvan de ondergetekende gevolmachtigden hun handtekening onder dit Verdrag hebben gesteld.
Em fé do que, os plenipotenciários abaixo assinados apuseram as suas assinaturas no presente Tratado.
Tämän vakuudeksi alla mainitut täysivaltaiset edustajat ovat allekirjoittaneet tämän sopimuksen.
TilTill bevis härpå har undertecknade befullmäktigade undertecknat detta fördrag.
Hecho en Amsterdam, el dos de octubre de mil novecientos noventa y siete.
Udfærdiget i Amsterdam, den anden oktober nittenhundrede og syvoghalvfems.
Geschehen zu Amsterdam am zweiten Oktober neunzehnhundertsiebenundneunzig.
Έγινε στο Άμστερνταμ, στις δύο Οκτωβρίου του έτους χίλια εννιακόσια ενενήντα επτά.
Done at Amsterdam this second day of October in the year one thousand nine hundred and ninety-seven.
Fait à Amsterdam, le deux octobre de l'an mil neuf cent quatre-vingt-dix-sept.
Arna dhéanamh in Amstardam ar an dara lá de Dheireadh Fómhair sa bhliain míle naoi gcéad nócha a seacht.
Fatto ad Amsterdam, addì due ottobre millenovecentonovantasette.
Gedaan te Amsterdam, de tweede oktober negentienhonderd zevenennegentig.
Feito em Amesterdão, em dois de Outubro de mil novecentos e noventa e sete.
Tehty Amsterdamissa 2 päivänä lokakuuta vuonna tuhatyhdeksänsataayhdeksänkymmentäseitsemän.
Utfärdat i Amsterdam den andra oktober år nittonhundranittiosju.
Pour Sa Majesté le Roi des Belges
Voor Zijne Majesteit de Koning der Belgen
Für Seine Majestät den König der Belgier
***IMAGE***
Cette
signature engage également la Communauté française, la Communauté
flamande, la Communauté germanophone, la Région wallonne, la Région
flamande et la Région de Bruxelles-Capitale. Deze handtekening verbindt eveneens de Vlaamse Gemeenschap, de Franse Gemeenschap, de Duitstalige Gemeenschap, het Vlaamse
Gewest, het Waalse Gewest en het Brusselse Hoofdstedelijke Gewest.
Diese Unterschrift bindet zugleich die Deutschsprachige Gemeinschaft, die Flämische Gemeinschaft, die Französische Gemeinschaft,
die Wallonische Region, die Flämische Region und die Region Brüssel-Hauptstadt.
For Hendes Majestæt Danmarks Dronning
***IMAGE***
Für den Präsidenten der Bundesrepublik Deutschland
***IMAGE***
Για τον Πρόεδρο της Ελληνικής Δημοκρατίας
***IMAGE***
Por Su Majestad el Rey de España
***IMAGE***
Pour le Président de la République française
***IMAGE***
Thar ceann an Choimisiúin arna údarú le hAirteagal 14 de Bhunreacht na hÉireann chun cumhachtaí agus feidhmeanna Uachtarán
na hÉireann a oibriú agus a chomhlíonadh
For the Commission authorised by Article 14 of the Constitution of Ireland to exercise and perform the powers and functions
of the President of Ireland
***IMAGE***
Per il Presidente della Repubblica italiana
***IMAGE***
Pour Son Altesse Royale le Grand-Duc de Luxembourg
***IMAGE***
Voor Hare Majesteit de Koningin der Nederlanden
***IMAGE***
Für den Bundespräsidenten der Republik Österreich
***IMAGE***
Pelo Presidente da República Portuguesa
***IMAGE***
Suomen Tasavallan Presidentin puolesta
För Republiken Finlands President
***IMAGE***
För Hans Majestät Konungen av Sverige
***IMAGE***
For Her Majesty the Queen of the United Kingdom of Great Britain and Northern Ireland
***IMAGE***
TABLES OF EQUIVALENCES REFERRED TO IN ARTICLE 12 OF THE TREATY OF AMSTERDAM
A.
Treaty on European Union
| Previous numbering |
New numbering |
| TITLE I |
TITLE I |
| Article A |
Article 1 |
| Article B |
Article 2 |
| Article C |
Article 3 |
| Article D |
Article 4 |
| Article E |
Article 5 |
| Article F |
Article 6 |
| Article F.1 (*) |
Article 7 |
| TITLE II |
TITLE II |
| Article G |
Article 8 |
| TITLE III |
TITLE III |
| Article H |
Article 9 |
| TITLE IV |
TITLE IV |
| Article I |
Article 10 |
| TITLE V (***) |
TITLE V |
| Article J.1 |
Article 11 |
| Article J.2 |
Article 12 |
| Article J.3 |
Article 13 |
| Article J.4 |
Article 14 |
| Article J.5 |
Article 15 |
| Article J.6 |
Article 16 |
| Article J.7 |
Article 17 |
| Article J.8 |
Article 18 |
| Article J.9 |
Article 19 |
| Article J.10 |
Article 20 |
| Article J.11 |
Article 21 |
| Article J.12 |
Article 22 |
| Article J.13 |
Article 23 |
| Article J.14 |
Article 24 |
| Article J.15 |
Article 25 |
| Article J.16 |
Article 26 |
| Article J.17 |
Article 27 |
| Article J.18 |
Article 28 |
| TITLE VI (***) |
TITLE VI |
| Article K.1 |
Article 29 |
| Article K.2 |
Article 30 |
| Article K.3 |
Article 31 |
| Article K.4 |
Article 32 |
| Article K.5 |
Article 33 |
| Article K.6 |
Article 34 |
| Article K.7 |
Article 35 |
| Article K.8 |
Article 36 |
| Article K.9 |
Article 37 |
| Article K.10 |
Article 38 |
| Article K.11 |
Article 39 |
| Article K.12 |
Article 40 |
| Article K.13 |
Article 41 |
| Article K.14 |
Article 42 |
| TITLE VIa (**) |
TITLE VII |
| Article K.15 (*) |
Article 43 |
| Article K.16 (*) |
Article 44 |
| Article K.17 (*) |
Article 45 |
| TITLE VII |
TITLE VIII |
| Article L |
Article 46 |
| Article M |
Article 47 |
| Article N |
Article 48 |
| Article O |
Article 49 |
| Article P |
Article 50 |
| Article Q |
Article 51 |
| Article R |
Article 52 |
| Article S |
Article 53 |
| (*) New Article introduced by the Treaty of Amsterdam.
(**) New Title introduced by the Treaty of Amsterdam.
(***) Title restructured by the Treaty of Amsterdam. |
B.
Treaty establishing the European Community
| Previous numbering |
New numbering |
| PART ONE |
PART ONE |
| Article 1 |
Article 1 |
| Article 2 |
Article 2 |
| Article 3 |
Article 3 |
| Article 3a |
Article 4 |
| Article 3b |
Article 5 |
| Article 3c (*) |
Article 6 |
| Article 4 |
Article 7 |
| Article 4a |
Article 8 |
| Article 4b |
Article 9 |
| Article 5 |
Article 10 |
| Article 5a (*) |
Article 11 |
| Article 6 |
Article 12 |
| Article 6a (*) |
Article 13 |
| Article 7 (repealed) |
- |
| Article 7a |
Article 14 |
| Article 7b (repealed) |
- |
| Article 7c |
Article 15 |
| Article 7d (*) |
Article 16 |
| PART TWO |
PART TWO |
| Article 8 |
Article 17 |
| Article 8a |
Article 18 |
| Article 8b |
Article 19 |
| Article 8c |
Article 20 |
| Article 8d |
Article 21 |
| Article 8e |
Article 22 |
| PART THREE |
PART THREE |
| TITLE I |
TITLE I |
| Article 9 |
Article 23 |
| Article 10 |
Article 24 |
| Article 11 (repealed) |
- |
| CHAPTER 1 |
CHAPTER 1 |
| Section 1 (deleted) |
- |
| Article 12 |
Article 25 |
| Article 13 (repealed) |
- |
| Article 14 (repealed) |
- |
| Article 15 (repealed) |
- |
| Article 16 (repealed |
- |
| Article 17 (repealed) |
- |
| Section 2 (deleted) |
- |
| Article 18 (repealed) |
- |
| Article 19 (repealed) |
- |
| Article 20 (repealed) |
- |
| Article 21 (repealed) |
- |
| Article 22 (repealed) |
- |
| Article 23 (repealed) |
- |
| Article 24 (repealed) |
- |
| Article 25 (repealed) |
- |
| Article 26 (repealed) |
- |
| Article 27 (repealed) |
- |
| Article 28 |
Article 26 |
| Article 29 |
Article 27 |
| CHAPTER 2 |
CHAPTER 2 |
| Article 30 |
Article 28 |
| Article 31 (repealed) |
- |
| Article 32 (repealed) |
- |
| Article 33 (repealed) |
- |
| Article 34 |
Article 29 |
| Article 35 (repealed) |
- |
| Article 36 |
Article 30 |
| Article 37 |
Article 31 |
| TITLE II |
TITLE II |
| Article 38 |
Article 32 |
| Article 39 |
Article 33 |
| Article 40 |
Article 34 |
| Article 41 |
Article 35 |
| Article 42 |
Article 36 |
| Article 43 |
Article 37 |
| Article 44 (repealed) |
- |
| Article 45 (repealed) |
- |
| Article 46 |
Article 38 |
| Article 47 (repealed) |
- |
| TITLE III |
TITLE III |
| CHAPTER 1 |
CHAPTER 1 |
| Article 48 |
Article 39 |
| Article 49 |
Article 40 |
| Article 50 |
Article 41 |
| Article 51 |
Article 42 |
| CHAPTER 2 |
CHAPTER 2 |
| Article 52 |
Article 43 |
| Article 53 (repealed) |
- |
| Article 54 |
Article 44 |
| Article 55 |
Article 45 |
| Article 56 |
Article 46 |
| Article 57 |
Article 47 |
| Article 58 |
Article 48 |
| CHAPTER 3 |
CHAPTER 3 |
| Article 59 |
Article 49 |
| Article 60 |
Article 50 |
| Article 61 |
Article 51 |
| Article 62 (repealed) |
- |
| Article 63 |
Article 52 |
| Article 64 |
Article 53 |
| Article 65 |
Article 54 |
| Article 66 |
Article 55 |
| CHAPTER 4 |
CHAPTER 4 |
| Article 67 (repealed) |
- |
| Article 68 (repealed) |
- |
| Article 69 (repealed) |
- |
| Article 70 (repealed) |
- |
| Article 71 (repealed) |
- |
| Article 72 (repealed) |
- |
| Article 73 (repealed) |
- |
| Article 73a (repealed) |
- |
| Article 73b |
Article 56 |
| Article 73c |
Article 57 |
| Article 73d |
Article 58 |
| Article 73e (repealed) |
- |
| Article 73f |
Article 59 |
| Article 73g |
Article 60 |
| Article 73h (repealed) |
- |
| TITLE IIIa (**) |
TITLE IV |
| Article 73i (*) |
Article 61 |
| Article 73j (*) |
Article 62 |
| Article 73k (*) |
Article 63 |
| Article 73l (*) |
Article 64 |
| Article 73m (*) |
Article 65 |
| Article 73n (*) |
Article 66 |
| Article 73o (*) |
Article 67 |
| Article 73p (*) |
Article 68 |
| Article 73q (*) |
Article 69 |
| TITLE IV |
TITLE V |
| Article 74 |
Article 70 |
| Article 75 |
Article 71 |
| Article 76 |
Article 72 |
| Article 77 |
Article 73 |
| Article 78 |
Article 74 |
| Article 79 |
Article 75 |
| Article 80 |
Article 76 |
| Article 81 |
Article 77 |
| Article 82 |
Article 78 |
| Article 83 |
Article 79 |
| Article 84 |
Article 80 |
| TITLE V |
TITLE VI |
| CHAPTER 1 |
CHAPTER 1 |
| SECTION 1 |
SECTION 1 |
| Article 85 |
Article 81 |
| Article 86 |
Article 82 |
| Article 87 |
Article 83 |
| Article 88 |
Article 84 |
| Article 89 |
Article 85 |
| Article 90 |
Article 86 |
| Section 2 (deleted) |
- |
| Article 91 (repealed) |
- |
| SECTION 3 |
SECTION 2 |
| Article 92 |
Article 87 |
| Article 93 |
Article 88 |
| Article 94 |
Article 89 |
| CHAPTER 2 |
CHAPTER 2 |
| Article 95 |
Article 90 |
| Article 96 |
Article 91 |
| Article 97 (repealed) |
- |
| Article 98 |
Article 92 |
| Article 99 |
Article 93 |
| CHAPTER 3 |
CHAPTER 3 |
| Article 100 |
Article 94 |
| Article 100a |
Article 95 |
| Article 100b (repealed) |
- |
| Article 100c (repealed) |
- |
| Article 100d (repealed) |
- |
| Article 101 |
Article 96 |
| Article 102 |
Article 97 |
| TITLE VI |
TITLE VII |
| CHAPTER 1 |
CHAPTER 1 |
| Article 102a |
Article 98 |
| Article 103 |
Article 99 |
| Article 103a |
Article 100 |
| Article 104 |
Article 101 |
| Article 104a |
Article 102 |
| Article 104b |
Article 103 |
| Article 104c |
Article 104 |
| CHAPTER 2 |
CHAPTER 2 |
| Article 105 |
Article 105 |
| Article 105a |
Article 106 |
| Article 106 |
Article 107 |
| Article 107 |
Article 108 |
| Article 108 |
Article 109 |
| Article 108a |
Article 110 |
| Article 109 |
Article 111 |
| CHAPTER 3 |
CHAPTER 3 |
| Article 109a |
Article 112 |
| Article 109b |
Article 113 |
| Article 109c |
Article 114 |
| Article 109d |
Article 115 |
| CHAPTER 4 |
CHAPTER 4 |
| Article 109e |
Article 116 |
| Article 109f |
Article 117 |
| Article 109g |
Article 118 |
| Article 109h |
Article 119 |
| Article 109i |
Article 120 |
| Article 109j |
Article 121 |
| Article 109k |
Article 122 |
| Article 109l |
Article 123 |
| Article 109m |
Article 124 |
| TITLE VIa (**) |
TITLE VIII |
| Article 109n (*) |
Article 125 |
| Article 109o (*) |
Article 126 |
| Article 109p (*) |
Article 127 |
| Article 109q (*) |
Article 128 |
| Article 109r (*) |
Article 129 |
| Article 109s (*) |
Article 130 |
| TITLE VII |
TITLE IX |
| Article 110 |
Article 131 |
| Article 111 (repealed) |
- |
| Article 112 |
Article 132 |
| Article 113 |
Article 133 |
| Article 114 (repealed) |
- |
| Article 115 |
Article 134 |
| TITLE VIIa (**) |
TITLE X |
| Article 116 (*) |
Article 135 |
| TITLE VIII |
TITLE XI |
| CHAPTER 1 (***) |
CHAPTER 1 |
| Article 117 |
Article 136 |
| Article 118 |
Article 137 |
| Article 118a |
Article 138 |
| Article 118b |
Article 139 |
| Article 118c |
Article 140 |
| Article 119 |
Article 141 |
| Article 119a |
Article 142 |
| Article 120 |
Article 143 |
| Article 121 |
Article 144 |
| Article 122 |
Article 145 |
| CHAPTER 2 |
CHAPTER 2 |
| Article 123 |
Article 146 |
| Article 124 |
Article 147 |
| Article 125 |
Article 148 |
| CHAPTER 3 |
CHAPTER 3 |
| Article 126 |
Article 149 |
| Article 127 |
Article 150 |
| TITLE IX |
TITLE XII |
| Article 128 |
Article 151 |
| TITLE X |
TITLE XIII |
| Article 129 |
Article 152 |
| TITLE XI |
TITLE XIV |
| Article 129a |
Article 153 |
| TITLE XII |
TITLE XV |
| Article 129b |
Article 154 |
| Article 129c |
Article 155 |
| Article 129d |
Article 156 |
| TITLE XIII |
TITLE XVI |
| Article 130 |
Article 157 |
| TITLE XIV |
TITLE XVII |
| Article 130a |
Article 158 |
| Article 130b |
Article 159 |
| Article 130c |
Article 160 |
| Article 130d |
Article 161 |
| Article 130e |
Article 162 |
| TITLE XV |
TITLE XVIII |
| Article 130f |
Article 163 |
| Article 130g |
Article 164 |
| Article 130h |
Article 165 |
| Article 130i |
Article 166 |
| Article 130j |
Article 167 |
| Article 130k |
Article 168 |
| Article 130l |
Article 169 |
| Article 130m |
Article 170 |
| Article 130n |
Article 171 |
| Article 130o |
Article 172 |
| Article 130p |
Article 173 |
| Article 130q (repealed) |
- |
| TITLE XVI |
TITLE XIX |
| Article 130r |
Article 174 |
| Article 130s |
Article 175 |
| Article 130t |
Article 176 |
| TITLE XVII |
TITLE XX |
| Article 130u |
Article 177 |
| Article 130v |
Article 178 |
| Article 130w |
Article 179 |
| Article 130x |
Article 180 |
| Article 130y |
Article 181 |
| PART FOUR |
PART FOUR |
| Article 131 |
Article 182 |
| Article 132 |
Article 183 |
| Article 133 |
Article 184 |
| Article 134 |
Article 185 |
| Article 135 |
Article 186 |
| Article 136 |
Article 187 |
| Article 136a |
Article 188 |
| PART FIVE |
PART FIVE |
| TITLE I |
TITLE I |
| CHAPTER 1 |
CHAPTER 1 |
| SECTION 1 |
SECTION 1 |
| Article 137 |
Article 189 |
| Article 138 |
Article 190 |
| Article 138a |
Article 191 |
| Article 138b |
Article 192 |
| Article 138c |
Article 193 |
| Article 138d |
Article 194 |
| Article 138e |
Article 195 |
| Article 139 |
Article 196 |
| Article 140 |
Article 197 |
| Article 141 |
Article 198 |
| Article 142 |
Article 199 |
| Article 143 |
Article 200 |
| Article 144 |
Article 201 |
| SECTION 2 |
SECTION 2 |
| Article 145 |
Article 202 |
| Article 146 |
Article 203 |
| Article 147 |
Article 204 |
| Article 148 |
Article 205 |
| Article 149 (repealed) |
- |
| Article 150 |
Article 206 |
| Article 151 |
Article 207 |
| Article 152 |
Article 208 |
| Article 153 |
Article 209 |
| Article 154 |
Article 210 |
| SECTION 3 |
SECTION 3 |
| Article 155 |
Article 211 |
| Article 156 |
Article 212 |
| Article 157 |
Article 213 |
| Article 158 |
Article 214 |
| Article 159 |
Article 215 |
| Article 160 |
Article 216 |
| Article 161 |
Article 217 |
| Article 162 |
Article 218 |
| Article 163 |
Article 219 |
| SECTION 4 |
SECTION 4 |
| Article 164 |
Article 220 |
| Article 165 |
Article 221 |
| Article 166 |
Article 222 |
| Article 167 |
Article 223 |
| Article 168 |
Article 224 |
| Article 168 a |
Article 225 |
| Article 169 |
Article 226 |
| Article 170 |
Article 227 |
| Article 171 |
Article 228 |
| Article 172 |
Article 229 |
| Article 173 |
Article 230 |
| Article 174 |
Article 231 |
| Article 175 |
Article 232 |
| Article 176 |
Article 233 |
| Article 177 |
Article 234 |
| Article 178 |
Article 235 |
| Article 179 |
Article 236 |
| Article 180 |
Article 237 |
| Article 181 |
Article 238 |
| Article 182 |
Article 239 |
| Article 183 |
Article 240 |
| Article 184 |
Article 241 |
| Article 185 |
Article 242 |
| Article 186 |
Article 243 |
| Article 187 |
Article 244 |
| Article 188 |
Article 245 |
| SECTION 5 |
SECTION 5 |
| Article 188a |
Article 246 |
| Article 188b |
Article 247 |
| Article 188c |
Article 248 |
| CHAPTER 2 |
CHAPTER 2 |
| Article 189 |
Article 249 |
| Article 189a |
Article 250 |
| Article 189b |
Article 251 |
| Article 189c |
Article 252 |
| Article 190 |
Article 253 |
| Article 191 |
Article 254 |
| Article 191a (*) |
Article 255 |
| Article 192 |
Article 256 |
| CHAPTER 3 |
CHAPTER 3 |
| Article 193 |
Article 257 |
| Article 194 |
Article 258 |
| Article 195 |
Article 259 |
| Article 196 |
Article 260 |
| Article 197 |
Article 261 |
| Article 198 |
Article 262 |
| CHAPTER 4 |
CHAPTER 4 |
| Article 198a |
Article 263 |
| Article 198b |
Article 264 |
| Article 198c |
Article 265 |
| CHAPTER 5 |
CHAPTER 5 |
| Article 198d |
Article 266 |
| Article 198e |
Article 267 |
| TITLE II |
TITLE II |
| Article 199 |
Article 268 |
| Article 200 (repealed) |
- |
| Article 201 |
Article 269 |
| Article 201a |
Article 270 |
| Article 202 |
Article 271 |
| Article 203 |
Article 272 |
| Article 204 |
Article 273 |
| Article 205 |
Article 274 |
| Article 205a |
Article 275 |
| Article 206 |
Article 276 |
| Article 206a (repealed) |
- |
| Article 207 |
Article 277 |
| Article 208 |
Article 278 |
| Article 209 |
Article 279 |
| Article 209a |
Article 280 |
| PART SIX |
PART SIX |
| Article 210 |
Article 281 |
| Article 211 |
Article 282 |
| Article 212 (*) |
Article 283 |
| Article 213 |
Article 284 |
| Article 213a (*) |
Article 285 |
| Article 213b (*) |
Article 286 |
| Article 214 |
Article 287 |
| Article 215 |
Article 288 |
| Article 216 |
Article 289 |
| Article 217 |
Article 290 |
| Article 218 (*) |
Article 291 |
| Article 219 |
Article 292 |
| Article 220 |
Article 293 |
| Article 221 |
Article 294 |
| Article 222 |
Article 295 |
| Article 223 |
Article 296 |
| Article 224 |
Article 297 |
| Article 225 |
Article 298 |
| Article 226 (repealed) |
- |
| Article 227 |
Article 299 |
| Article 228 |
Article 300 |
| Article 228a |
Article 301 |
| Article 229 |
Article 302 |
| Article 230 |
Article 303 |
| Article 231 |
Article 304 |
| Article 232 |
Article 305 |
| Article 233 |
Article 306 |
| Article 234 |
Article 307 |
| Article 235 |
Article 308 |
| Article 236 (*) |
Article 309 |
| Article 237 (repealed) |
- |
| Article 238 |
Article 310 |
| Article 239 |
Article 311 |
| Article 240 |
Article 312 |
| Article 241 (repealed) |
- |
| Article 242 (repealed) |
- |
| Article 243 (repealed) |
- |
| Article 244 (repealed) |
- |
| Article 245 (repealed) |
- |
| Article 246 (repealed) |
- |
| FINAL PROVISIONS |
FINAL PROVISIONS |
| Article 247 |
Article 313 |
| Article 248 |
Article 314 |
| (*) New Article introduced by the Treaty of Amsterdam.
(*) New Article introduced by the Treaty of Amsterdam.
(**) New Title introduced by the Treaty of Amsterdam.
(*) New Article introduced by the Treaty of Amsterdam.
(**) New Title introduced by the Treaty of Amsterdam.
(*) New Article introduced by the Treaty of Amsterdam.
(**) New Title introduced by the Treaty of Amsterdam.
(***) Chapter 1 restructured by the Treaty of Amsterdam.
(*) New Article introduced by the Treaty of Amsterdam.
(*) New Article introduced by the Treaty of Amsterdam. |
PROTOCOLS
A. PROTOCOL ANNEXED TO THE TREATY ON EUROPEAN UNION
THE HIGH CONTRACTING PARTIES,
BEARING IN MIND the need to implement fully the provisions of Article J.7(1), second subparagraph, and (3) of the Treaty on
European Union,
BEARING IN MIND that the policy of the Union in accordance with Article J.7 shall not prejudice the specific character of
the security and defence policy of certain Member States and shall respect the obligations of certain Member States, which
see their common defence realised in NATO, under the North Atlantic Treaty and be compatible with the common security and
defence policy established within that framework,
HAVE AGREED UPON the following provision, which is annexed to the Treaty on European Union,
The European Union shall draw up, together with the Western European Union, arrangements for enhanced cooperation between
them, within a year from the entry into force of the Treaty of Amsterdam.
B. PROTOCOLS ANNEXED TO THE TREATY ON EUROPEAN UNION AND TO THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY
THE HIGH CONTRACTING PARTIES,
NOTING that the Agreements on the gradual abolition of checks at common borders signed by some Member States of the European
Union in Schengen on 14 June 1985 and on 19 June 1990, as well as related agreements and the rules adopted on the basis of
these agreements, are aimed at enhancing European integration and, in particular, at enabling the European Union to develop
more rapidly into an area of freedom, security and justice,
DESIRING to incorporate the abovementioned agreements and rules into the framework of the European Union,
CONFIRMING that the provisions of the Schengen acquis are applicable only if and as far as they are compatible with the European
Union and Community law,
TAKING INTO ACCOUNT the special position of Denmark,
TAKING INTO ACCOUNT the fact that Ireland and the United Kingdom of Great Britain and Northern Ireland are not parties to
and have not signed the abovementioned agreements; that provision should, however, be made to allow those Member States to
accept some or all of the provisions thereof,
RECOGNISING that, as a consequence, it is necessary to make use of the provisions of the Treaty on European Union and of the
Treaty establishing the European Community concerning closer cooperation between some Member States and that those provisions
should only be used as a last resort,
TAKING
INTO ACCOUNT the need to maintain a special relationship with the
Republic of Iceland and the Kingdom of Norway, both States having
confirmed their intention to become bound by the provisions mentioned
above, on the basis of the Agreement signed in Luxembourg on 19
December 1996, HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty on European Union and to the Treaty establishing
the European Community,
The
Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of
Germany, the Hellenic Republic, the Kingdom of Spain, the French
Republic, the Italian Republic, the Grand Duchy of Luxembourg, the
Kingdom of the Netherlands, the Republic of Austria, the Portuguese
Republic, the Republic of Finland and the Kingdom of Sweden,
signatories to the Schengen agreements, are authorised to establish
closer cooperation among themselves within the scope of those
agreements and related provisions, as they are listed in the Annex to
this Protocol, hereinafter referred to as the ‘Schengen acquis’. This
cooperation shall be conducted within the institutional and legal
framework of the European Union and with respect for the relevant
provisions of the Treaty on European Union and of the Treaty
establishing the European Community.
1. From
the date of entry into force of the Treaty of Amsterdam, the Schengen
acquis, including the decisions of the Executive Committee established
by the Schengen agreements which have been adopted before this date,
shall immediately apply to the thirteen Member States referred to in
Article 1, without prejudice to the provisions of paragraph 2 of this
Article. From the same date, the Council will substitute itself for the
said Executive Committee. The Council, acting by the unanimity of its Members
referred to in Article 1, shall take any measure necessary for the
implementation of this paragraph. The Council, acting unanimously,
shall determine, in conformity with the relevant provisions of the
Treaties, the legal basis for each of the provisions or decisions which
constitute the Schengen acquis. With regard to such provisions and decisions and in
accordance with that determination, the Court of Justice of the
European Communities shall exercise the powers conferred upon it by the
relevant applicable provisions of the Treaties. In any event, the Court
of Justice shall have no jurisdiction on measures or decisions relating
to the maintenance of law and order and the safeguarding of internal
security. As long as the measures referred to above have not been taken and without prejudice to Article 5(2), the provisions or decisions
which constitute the Schengen acquis shall be regarded as acts based on Title VI of the Treaty on European Union.
2. The
provisions of paragraph 1 shall apply to the Member States which have
signed accession protocols to the Schengen agreements, from the dates
decided by the Council, acting with the unanimity of its Members
mentioned in Article 1, unless the conditions for the accession of any
of those States to the Schengen acquis are met before the date of the
entry into force of the Treaty of Amsterdam.
Following
the determination referred to in Article 2(1), second subparagraph,
Denmark shall maintain the same rights and obligations in relation to
the other signatories to the Schengen agreements, as before the said
determination with regard to those parts of the Schengen acquis that
are determined to have a legal basis in Title IIIa of the Treaty
establishing the European Community. With regard to those parts of the Schengen acquis that are determined to have legal base in Title VI of the Treaty on European
Union, Denmark shall continue to have the same rights and obligations as the other signatories to the Schengen agreements.
Ireland and the United Kingdom of Great Britain and Northern Ireland, which are not bound by the Schengen acquis, may at any
time request to take part in some or all of the provisions of this acquis.
The Council shall decide on the request with the unanimity of its members referred to in Article 1 and of the representative
of the Government of the State concerned.
1. Proposals and initiatives to build upon the Schengen acquis shall be subject to the relevant provisions of the Treaties.
In
this context, where either Ireland or the United Kingdom or both have
not notified the President of the Council in writing within a
reasonable period that they wish to take part, the authorisation
referred to in Article 5a of the Treaty establishing the European
Community or Article K.12 of the Treaty on European Union shall be
deemed to have been granted to the Members States referred to in
Article 1 and to Ireland or the United Kingdom where either of them
wishes to take part in the areas of cooperation in question. 2. The relevant provisions of the Treaties referred
to in the first subparagraph of paragraph 1 shall apply even if the
Council has not adopted the measures referred to in Article 2(1),
second subparagraph.
The
Republic of Iceland and the Kingdom of Norway shall be associated with
the implementation of the Schengen acquis and its further development
on the basis of the Agreement signed in Luxembourg on 19 December 1996.
Appropriate procedures shall be agreed to that effect in an Agreement
to be concluded with those States by the Council, acting by the
unanimity of its Members mentioned in Article 1. Such Agreement shall
include provisions on the contribution of Iceland and Norway to any
financial consequences resulting from the implementation of this
Protocol. A separate Agreement shall be concluded with Iceland and
Norway by the Council, acting unanimously, for the establishment of
rights and obligations between Ireland and the United Kingdom of Great
Britain and Northern Ireland on the one hand, and Iceland and Norway on
the other, in domains of the Schengen acquis which apply to these
States.
The
Council shall, acting by a qualified majority, adopt the detailed
arrangements for the integration of the Schengen Secretariat into the
General Secretariat of the Council.
For the purposes of the negotiations for the admission of new Member States into the European Union, the Schengen acquis and
further measures taken by the institutions within its scope shall be regarded as an acquis which must be accepted in full
by all States candidates for admission.
SCHENGEN ACQUIS
1. The Agreement, signed in Schengen on 14 June 1985, between the Governments of the States of the Benelux Economic Union,
the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders.
2. The Convention, signed in Schengen on 19 June 1990, between the Kingdom of Belgium, the Federal Republic of Germany, the
French Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands, implementing the Agreement on the gradual
abolition of checks at their common borders, signed in Schengen on 14 June 1985, with related Final Act and common declarations.
3. The Accession Protocols and Agreements to the 1985 Agreement and the 1990 Implementation Convention with Italy (signed
in Paris on 27 November 1990), Spain and Portugal (signed in Bonn on 25 June 1991), Greece (signed in Madrid on 6 November
1992), Austria (signed in Brussels on 28 April 1995) and Denmark, Finland and Sweden (signed in Luxembourg on 19 December
1996), with related Final Acts and declarations.
4. Decisions and declarations adopted by the Executive Committee established by the 1990 Implementation Convention, as well
as acts adopted for the implementation of the Convention by the organs upon which the Executive Committee has conferred decision
making powers.
THE HIGH CONTRACTING PARTIES,
DESIRING to settle certain questions relating to the United Kingdom and Ireland,
HAVING REGARD to the existence for many years of special travel arrangements between the United Kingdom and Ireland,
HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty establishing the European Community and to
the Treaty on European Union,
The
United Kingdom shall be entitled, notwithstanding Article 7a of the
Treaty establishing the European Community, any other provision of that
Treaty or of the Treaty on European Union, any measure adopted under
those Treaties, or any international agreement concluded by the
Community or by the Community and its Member States with one or more
third States, to exercise at its frontiers with other Member States
such controls on persons seeking to enter the United Kingdom as it may
consider necessary for the purpose: (a) of verifying the right to enter the United Kingdom of citizens of States which are Contracting Parties to the Agreement
on the European Economic Area and of their dependants exercising rights conferred by Community law, as well as citizens of
other States on whom such rights have been conferred by an agreement by which the United Kingdom is bound; and
(b) of determining whether or not to grant other persons permission to enter the United Kingdom.
Nothing in Article 7a of the Treaty establishing the European Community or in any other provision of that Treaty or of the
Treaty on European Union or in any measure adopted under them shall prejudice the right of the United Kingdom to adopt or
exercise any such controls. References to the United Kingdom in this Article shall include territories for whose external
relations the United Kingdom is responsible.
The
United Kingdom and Ireland may continue to make arrangements between
themselves relating to the movement of persons between their
territories (‘the Common Travel Area’), while fully respecting the
rights of persons referred to in Article 1, first paragraph, point (a)
of this Protocol. Accordingly, as long as they maintain such
arrangements, the provisions of Article 1 of this Protocol shall apply
to Ireland under the same terms and conditions as for the United
Kingdom. Nothing in Article 7a of the Treaty establishing the European
Community, in any other provision of that Treaty or of the Treaty on
European Union or in any measure adopted under them, shall affect any
such arrangements.
The
other Member States shall be entitled to exercise at their frontiers or
at any point of entry into their territory such controls on persons
seeking to enter their territory from the United Kingdom or any
territories whose external relations are under its responsibility for
the same purposes stated in Article 1 of this Protocol, or from Ireland
as long as the provisions of Article 1 of this Protocol apply to
Ireland. Nothing in Article 7a of the Treaty establishing the
European Community or in any other provision of that Treaty or of the
Treaty on European Union or in any measure adopted under them shall
prejudice the right of the other Member States to adopt or exercise any
such controls.
THE HIGH CONTRACTING PARTIES,
DESIRING to settle certain questions relating to the United Kingdom and Ireland,
HAVING REGARD to the Protocol on the application of certain aspects of Article 7a of the Treaty establishing the European
Community to the United Kingdom and to Ireland,
HAVE AGREED UPON the following provisions which shall be annexed to the Treaty establishing the European Community and to
the Treaty on European Union,
Subject
to Article 3, the United Kingdom and Ireland shall not take part in the
adoption by the Council of proposed measures pursuant to Title IIIa of
the Treaty establishing the European Community. By way of derogation
from Article 148(2) of the Treaty establishing the European Community,
a qualified majority shall be defined as the same proportion of the
weighted votes of the members of the Council concerned as laid down in
the said Article 148(2). The unanimity of the members of the
Council, with the exception of the representatives of the governments
of the United Kingdom and Ireland, shall be necessary for decisions of
the Council which must be adopted unanimously.
In
consequence of Article 1 and subject to Articles 3, 4 and 6, none of
the provisions of Title IIIa of the Treaty establishing the European
Community, no measure adopted pursuant to that Title, no provision of
any international agreement concluded by the Community pursuant to that
Title, and no decision of the Court of Justice interpreting any such
provision or measure shall be binding upon or applicable in the United
Kingdom or Ireland; and no such provision, measure or decision shall in
any way affect the competences, rights and obligations of those States;
and no such provision, measure or decision shall in any way affect the
acquis communautaire nor form part of Community law as they apply to
the United Kingdom or Ireland.
1. The
United Kingdom or Ireland may notify the President of the Council in
writing, within three months after a proposal or initiative has been
presented to the Council pursuant to Title IIIa of the Treaty
establishing the European Community, that it wishes to take part in the
adoption and application of any such proposed measure, whereupon that
State shall be entitled to do so. By way of derogation from Article
148(2) of the Treaty establishing the European Community, a qualified
majority shall be defined as the same proportion of the weighted votes
of the members of the Council concerned as laid down in the said
Article 148(2). The unanimity of the members of the Council, with the exception of a member which has not made such a notification, shall
be necessary for decisions of the Council which must be adopted unanimously. A measure adopted under this paragraph shall
be binding upon all Member States which took part in its adoption.
2. If
after a reasonable period of time a measure referred to in paragraph 1
cannot be adopted with the United Kingdom or Ireland taking part, the
Council may adopt such measure in accordance with Article 1 without the
participation of the United Kingdom or Ireland. In that case Article 2
applies.
The
United Kingdom or Ireland may at any time after the adoption of a
measure by the Council pursuant to Title IIIa of the Treaty
establishing the European Community notify its intention to the Council
and to the Commission that it wishes to accept that measure. In that
case, the procedure provided for in Article 5a(3) of the Treaty
establishing the European Community shall apply mutatis mutandis.
A Member State which is not bound by a measure adopted pursuant to Title IIIa of the Treaty establishing the European Community
shall bear no financial consequences of that measure other than administrative costs entailed for the institutions.
Where,
in cases referred to in this Protocol, the United Kingdom or Ireland is
bound by a measure adopted by the Council pursuant to Title IIIa of the
Treaty establishing the European Community, the relevant provisions of
that Treaty, including Article 73p, shall apply to that State in
relation to that measure.
Articles 3 and 4 shall be without prejudice to the Protocol integrating the Schengen acquis into the framework of the European
Union.
Ireland may notify the President of the Council in writing that it no longer wishes to be covered by the terms of this Protocol.
In that case, the normal treaty provisions will apply to Ireland.
THE HIGH CONTRACTING PARTIES,
RECALLING the Decision of the Heads of State or Government, meeting within the European Council at Edinburgh on 12 December
1992, concerning certain problems raised by Denmark on the Treaty on European Union,
HAVING NOTED the position of Denmark with regard to Citizenship, Economic and Monetary Union, Defence Policy and Justice and
Home Affairs as laid down in the Edinburgh Decision,
BEARING IN MIND Article 3 of the Protocol integrating the Schengen acquis into the framework of the European Union,
HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty establishing the European Community and to
the Treaty on European Union,
Denmark
shall not take part in the adoption by the Council of proposed measures
pursuant to Title IIIa of the Treaty establishing the European
Community. By way of derogation from Article 148(2) of the Treaty
establishing the European Community, a qualified majority shall be
defined as the same proportion of the weighted votes of the members of
the Council concerned as laid down in the said Article 148(2). The
unanimity of the members of the Council, with the exception of the
representative of the government of Denmark, shall be necessary for the
decisions of the Council which must be adopted unanimously.
None
of the provisions of Title IIIa of the Treaty establishing the European
Community, no measure adopted pursuant to that Title, no provision of
any international agreement concluded by the Community pursuant to that
Title, and no decision of the Court of Justice interpreting any such
provision or measure shall be binding upon or applicable in Denmark;
and no such provision, measure or decision shall in any way affect the
competences, rights and obligations of Denmark; and no such provision,
measure or decision shall in any way affect the acquis communautaire
nor form part of Community law as they apply to Denmark.
Denmark shall bear no financial consequences of measures referred to in Article 1, other than administrative costs entailed
for the institutions.
Articles 1, 2 and 3 shall not apply to measures determining the third countries whose nationals must be in possession of a
visa when crossing the external borders of the Member States, or measures relating to a uniform format for visas.
1. Denmark
shall decide within a period of 6 months after the Council has decided
on a proposal or initiative to build upon the Schengen acquis under the
provisions of Title IIIa of the Treaty establishing the European
Community, whether it will implement this decision in its national law.
If it decides to do so, this decision will create an obligation under
international law between Denmark and the other Member States referred
to in Article 1 of the Protocol integrating the Schengen acquis into
the framework of the European Union as well as Ireland or the United
Kingdom if those Member States take part in the areas of cooperation in
question. 2. If Denmark decides not to implement a decision
of the Council as referred to in paragraph 1, the Member States
referred to in Article 1 of the Protocol integrating the Schengen
acquis into the framework of the European Union will consider
appropriate measures to be taken.
With
regard to measures adopted by the Council in the field of Articles
J.3(1) and J.7 of the Treaty on European Union, Denmark does not
participate in the elaboration and the implementation of decisions and
actions of the Union which have defence implications, but will not
prevent the development of closer cooperation between Member States in
this area. Therefore Denmark shall not participate in their adoption.
Denmark shall not be obliged to contribute to the financing of
operational expenditure arising from such measures.
At
any time Denmark may, in accordance with its constitutional
requirements, inform the other Member States that it no longer wishes
to avail itself of all or part of this Protocol. In that event, Denmark
will apply in full all relevant measures then in force taken within the
framework of the European Union.
C. PROTOCOLS ANNEXED TO THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY
THE HIGH CONTRACTING PARTIES,
WHEREAS pursuant to the
provisions of Article F(2) of the Treaty on European Union the Union
shall respect fundamental rights as guaranteed by the European
Convention for the Protection of Human Rights and Fundamental Freedoms
signed in Rome on 4 November 1950; WHEREAS the Court of Justice of the European Communities has jurisdiction to ensure that in the interpretation and application
of Article F(2) of the Treaty on European Union the law is observed by the European Community;
WHEREAS pursuant to Article O of the Treaty on European Union any European State, when applying to become a Member of the
Union, must respect the principles set out in Article F(1) of the Treaty on European Union;
BEARING IN MIND that Article 236 of the Treaty establishing the European Community establishes a mechanism for the suspension
of certain rights in the event of a serious and persistent breach by a Member State of those principles;
RECALLING
that each national of a Member State, as a citizen of the Union, enjoys
a special status and protection which shall be guaranteed by the Member
States in accordance with the provisions of Part Two of the Treaty
establishing the European Community; BEARING IN MIND that the Treaty establishing the European Community establishes an area without internal frontiers and grants
every citizen of the Union the right to move and reside freely within the territory of the Member States;
RECALLING that the question of extradition of nationals of Member States of the Union is addressed in the European Convention
on Extradition of 13 December 1957 and the Convention of 27 September 1996 drawn up on the basis of Article K.3 of the Treaty
on European Union relating to extradition between the Member States of the European Union;
WISHING to prevent the institution of asylum being resorted to for purposes alien to those for which it is intended;
WHEREAS this Protocol respects the finality and the objectives of the Geneva Convention of 28 July 1951 relating to the status
of refugees;
HAVE AGREED UPON the following provisions which shall be annexed to the Treaty establishing the European Community,
Given
the level of protection of fundamental rights and freedoms by the
Member States of the European Union, Member States shall be regarded as
constituting safe countries of origin in respect of each other for all
legal and practical purposes in relation to asylum matters.
Accordingly, any application for asylum made by a national of a Member
State may be taken into consideration or declared admissible for
processing by another Member State only in the following cases: (a) if the Member State of which the applicant is a
national proceeds after the entry into force of the Treaty of
Amsterdam, availing itself of the provisions of Article 15 of the
Convention for the Protection of Human Rights and Fundamental Freedoms,
to take measures derogating in its territory from its obligations under
that Convention; (b) if the procedure referred to in Article F.1(1) of the Treaty on European Union has been initiated and until the Council
takes a decision in respect thereof;
(c)
if the Council, acting on the basis of Article F.1(1) of the Treaty on
European Union, has determined, in respect of the Member State which
the applicant is a national, the existence of a serious and persistent
breach by that Member State of principles mentioned in
Article F(1); (d) if a Member State should so decide unilaterally in
respect of the application of a national of another Member State; in
that case the Council shall be immediately informed; the application
shall be dealt with on the basis of the presumption that it is
manifestly unfounded without affecting in any way, whatever the cases
may be, the decision-making power of the Member State.
THE HIGH CONTRACTING PARTIES,
DETERMINED to establish
the conditions for the application of the principles of subsidiarity
and proportionality enshrined in Article 3b of the Treaty establishing
the European Community with a view to defining more precisely the
criteria for applying them and to ensure their strict observance and
consistent implementation by all institutions; WISHING to ensure that decisions are taken as closely as possible to the citizens of the Union;
TAKING ACCOUNT of the Interinstitutional Agreement of 25 October 1993 between the European Parliament, the Council and the
Commission on procedures for implementing the principle of subsidiarity;
HAVE CONFIRMED that the conclusions of the Birmingham European Council on 16 October 1992 and the overall approach to the
application of the subsidiarity principle agreed by the European Council meeting in Edinburgh on 11-12 December 1992 will
continue to guide the action of the Union's institutions as well as the development of the application of the principle of
subsidiarity, and, for this purpose,
HAVE AGREED UPON the following provisions which shall be annexed to the Treaty establishing the European Community:
(1) In exercising the powers conferred on it, each institution shall ensure that the principle of subsidiarity is complied
with. It shall also ensure compliance with the principle of proportionality, according to which any action by the Community
shall not go beyond what is necessary to achieve the objectives of the Treaty.
(2)
The application of the principles of subsidiarity and proportionality
shall respect the general provisions and the objectives of the Treaty,
particularly as regards the maintaining in full of the acquis
communautaire and the institutional balance; it shall not affect the
principles developed by the Court of Justice regarding the relationship
between national and Community law, and it should take into account
Article F(4) of the Treaty on European Union, according to which ‘the
Union shall provide itself with the means necessary to attain its
objectives and carry through its policies’. (3) The principle of subsidiarity does not call into
question the powers conferred on the European Community by the Treaty,
as interpreted by the Court of Justice. The criteria referred to in the
second paragraph of Article 3b of the Treaty shall relate to areas for
which the Community does not have exclusive competence. The principle
of subsidiarity provides a guide as to how those powers are to be
exercised at the Community level. Subsidiarity is a dynamic concept and
should be applied in the light of the objectives set out in the Treaty.
It allows Community action within the limits of its powers to be
expanded where circumstances so require, and conversely, to be
restricted or discontinued where it is no longer justified. (4) For any proposed Community legislation, the reasons on which it is based shall be stated with a view to justifying its
compliance with the principles of subsidiarity and proportionality; the reasons for concluding that a Community objective
can be better achieved by the Community must be substantiated by qualitative or, wherever possible, quantitative indicators.
(5)
For Community action to be justified, both aspects of the subsidiarity
principle shall be met: the objectives of the proposed action cannot be
sufficiently achieved by Member States' action in the framework of
their national constitutional system and can therefore be better
achieved by action on the part of the Community. The following guidelines should be used in examining whether the abovementioned condition is fulfilled:
- the issue under consideration has transnational aspects which cannot be satisfactorily regulated by action by Member States;
-
actions by Member States alone or lack of Community action would
conflict with the requirements of the Treaty (such as the need to
correct distortion of competition or avoid disguised restrictions on
trade or strengthen economic and social cohesion) or would otherwise
significantly damage Member States' interests; - action at Community level would produce clear benefits by reason of its scale or effects compared with action at the level
of the Member States.
(6)
The form of Community action shall be as simple as possible, consistent
with satisfactory achievement of the objective of the measure and the
need for effective enforcement. The Community shall legislate only to
the extent necessary. Other things being equal, directives should be
preferred to regulations and framework directives to detailed measures.
Directives as provided for in Article 189 of the Treaty, while binding
upon each Member State to which they are addressed as to the result to
be achieved, shall leave to the national authorities the choice of form
and methods. (7) Regarding the nature and the extent of Community action, Community measures should leave as much scope for national decision
as possible, consistent with securing the aim of the measure and observing the requirements of the Treaty. While respecting
Community law, care should be taken to respect well established national arrangements and the organisation and working of
Member States' legal systems. Where appropriate and subject to the need for proper enforcement, Community measures should
provide Member States with alternative ways to achieve the objectives of the measures.
(8) Where the application of the principle of subsidiarity leads to no action being taken by the Community, Member States
are required in their action to comply with the general rules laid down in Article 5 of the Treaty, by taking all appropriate
measures to ensure fulfilment of their obligations under the Treaty and by abstaining from any measure which could jeopardise
the attainment of the objectives of the Treaty.
(9) Without prejudice to its right of initiative, the Commission should:
-
except in cases of particular urgency or confidentiality, consult
widely before proposing legislation and, wherever appropriate, publish
consultation documents; - justify the relevance of its proposals with regard to the principle of subsidiarity; whenever necessary, the explanatory
memorandum accompanying a proposal will give details in this respect. The financing of Community action in whole or in part
from the Community budget shall require an explanation;
- take duly into account the need for any burden, whether financial or administrative, falling upon the Community, national
governments, local authorities, economic operators and citizens, to be minimised and proportionate to the objective to be
achieved;
-
submit an annual report to the European Council, the European
Parliament and the Council on the application of Article 3b of the
Treaty. This annual report shall also be sent to the Committee of the
Regions and to the Economic and Social Committee. (10) The European Council shall take account of the Commission report referred to in the fourth indent of point 9 within the
report on the progress achieved by the Union which it is required to submit to the European Parliament in accordance with
Article D of the Treaty on European Union.
(11)
While fully observing the procedures applicable, the European
Parliament and the Council shall, as an integral part of the overall
examination of Commission proposals, consider their consistency with
Article 3b of the Treaty. This concerns the original Commission
proposal as well as amendments which the European Parliament and the
Council envisage making to the proposal. (12) In the course of the procedures referred to in Articles 189b and 189c of the Treaty, the European Parliament shall be
informed of the Council's position on the application of Article 3b of the Treaty, by way of a statement of the reasons which
led the Council to adopt its common position. The Council shall inform the European Parliament of the reasons on the basis
of which all or part of a Commission proposal is deemed to be inconsistent with Article 3b of the Treaty.
(13) Compliance with the principle of subsidiarity shall be reviewed in accordance with the rules laid down by the Treaty.
THE HIGH CONTRACTING PARTIES,
TAKING INTO ACCOUNT the need of the Member States to ensure effective controls at their external borders, in cooperation with
third countries where appropriate,
HAVE AGREED UPON the following provision, which shall be annexed to the Treaty establishing the European Community,
The provisions on the measures on the crossing of external borders
included in Article 73j(2)(a) of Title IIIa of the Treaty shall be
without prejudice to the competence of Member States to negotiate or
conclude agreements with third countries as long as they respect
Community law and other relevant international agreements.
THE HIGH CONTRACTING PARTIES,
CONSIDERING that the system of public broadcasting in the Member States is directly related to the democratic, social and
cultural needs of each society and to the need to preserve media pluralism,
HAVE
AGREED UPON the following interpretative provisions, which shall be
annexed to the Treaty establishing the European Community,
The provisions of the Treaty establishing the European Community
shall be without prejudice to the competence of Member States to
provide for the funding of public service broadcasting insofar as such
funding is granted to broadcasting organisations for the fulfilment of
the public service remit as conferred, defined and organised by each
Member State, and insofar as such funding does not affect trading
conditions and competition in the Community to an extent which would be
contrary to the common interest, while the realisation of the remit of
that public service shall be taken into account.
THE HIGH CONTRACTING PARTIES,
DESIRING to ensure improved protection and respect for the welfare of animals as sentient beings,
HAVE AGREED UPON the following provision which shall be annexed to the Treaty establishing the European Community,
In formulating and implementing the Community's agriculture,
transport, internal market and research policies, the Community and the
Member States shall pay full regard to the welfare requirements of
animals, while respecting the legislative or administrative provisions
and customs of the Member States relating in particular to religious
rites, cultural traditions and regional heritage.
D. PROTOCOLS ANNEXED TO THE TREATY ON EUROPEAN UNION AND THE TREATIES ESTABLISHING THE EUROPEAN COMMUNITY, THE EUROPEAN COAL
AND STEEL COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY
THE HIGH CONTRACTING PARTIES,
HAVE AGREED UPON the
following provisions, which shall be annexed to the Treaty on European
Union and to the Treaties establishing the European Communities,
At
the date of entry into force of the first enlargement of the Union,
notwithstanding Article 157(1) of the Treaty establishing the European
Community, Article 9(1) of the Treaty establishing the European Coal
and Steel Community and Article 126(1) of the Treaty establishing the
European Atomic Energy Community, the Commission shall comprise one
national of each of the Member States, provided that, by that date, the
weighting of the votes in the Council has been modified, whether by
re-weighting of the votes or by dual majority, in a manner acceptable
to all Member States, taking into account all relevant elements,
notably compensating those Member States which give up the possibility
of nominating a second member of the Commission.
At
least one year before the membership of the European Union exceeds
twenty, a conference of representatives of the governments of the
Member States shall be convened in order to carry out a comprehensive
review of the provisions of the Treaties on the composition and
functioning of the institutions.
THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES,
HAVING REGARD to Article 216 of the Treaty establishing the European Community, Article 77 of the Treaty establishing the
European Coal and Steel Community and Article 189 of the Treaty establishing the European Atomic Energy Community,
HAVING REGARD to the Treaty on European Union,
RECALLING AND CONFIRMING the Decision of 8 April 1965, and without prejudice to the decisions concerning the seat of future
institutions, bodies and departments,
HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty on European Union and the Treaties establishing
the European Communities,
(a)
The European Parliament shall have its seat in Strasbourg where the 12
periods of monthly plenary sessions, including the budget session,
shall be held. The periods of additional plenary sessions shall be held
in Brussels. The committees of the European Parliament shall meet in
Brussels. The General Secretariat of the European Parliament and its
departments shall remain in Luxembourg. (b) The Council shall have its seat in Brussels. During the months of April, June and October, the Council shall hold its
meetings in Luxembourg.
(c) The Commission shall have its seat in Brussels. The departments listed in Articles 7, 8 and 9 of the Decision of 8 April
1965 shall be established in Luxembourg.
(d) The Court of Justice and the Court of First Instance shall have their seats in Luxembourg.
(e) The Court of Auditors shall have its seat in Luxembourg.
(f) The Economic and Social Committee shall have its seat in Brussels.
(g) The Committee of the Regions shall have its seat in Brussels.
(h) The European Investment Bank shall have its seat in Luxembourg.
(i) The European Monetary Institute and the European Central Bank shall have their seat in Frankfurt.
(j) The European Police Office (Europol) shall have its seat in The Hague.
THE HIGH CONTRACTING PARTIES,
RECALLING that scrutiny by individual national parliaments of their own government in relation to the activities of the Union
is a matter for the particular constitutional organisation and practice of each Member State,
DESIRING, however, to encourage greater involvement of national parliaments in the activities of the European Union and to
enhance their ability to express their views on matters which may be of particular interest to them,
HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty on European Union and the Treaties establishing
the European Communities,
I. INFORMATION FOR NATIONAL PARLIAMENTS OF MEMBER STATES
1. All Commission consultation documents (green and white papers and communications) shall be promptly forwarded to national
parliaments of the Member States.
2. Commission proposals for legislation as defined by the Council in accordance with Article 151(3) of the Treaty establishing
the European Community, shall be made available in good time so that the government of each Member State may ensure that its
own national parliament receives them as appropriate.
3.
A six-week period shall elapse between a legislative proposal or a
proposal for a measure to be adopted under Title VI of the Treaty on
European Union being made available in all languages to the European
Parliament and the Council by the Commission and the date when it is
placed on a Council agenda for decision either for the adoption of an
act or for adoption of a common position pursuant to Article 189b or
189c of the Treaty establishing the European Community, subject to
exceptions on grounds of urgency, the reasons for which shall be stated
in the act or common position. II. THE CONFERENCE OF EUROPEAN AFFAIRS COMMITTEES
4.
The Conference of European Affairs Committees, hereinafter referred to
as COSAC, established in Paris on 16-17 November 1989, may make any
contribution it deems appropriate for the attention of the institutions
of the European Union, in particular on the basis of draft legal texts
which representatives of governments of the Member States may decide by
common accord to forward to it, in view of the nature of their subject
matter. 5. COSAC may examine any legislative proposal or initiative in relation to the establishment of an area of freedom, security
and justice which might have a direct bearing on the rights and freedoms of individuals. The European Parliament, the Council
and the Commission shall be informed of any contribution made by COSAC under this point.
6. COSAC may address to the European Parliament, the Council and the Commission any contribution which it deems appropriate
on the legislative activities of the Union, notably in relation to the application of the principle of subsidiarity, the area
of freedom, security and justice as well as questions regarding fundamental rights.
7. Contributions made by COSAC shall in no way bind national parliaments or prejudge their position.
The CONFERENCE OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE
MEMBER STATES convened in Turin on the twenty-ninth day of March in the
year nineteen hundred and ninety-six to adopt by common accord the
amendments to be made to the Treaty on European Union, the Treaties
establishing respectively the European Community, the European Coal and
Steel Community and the European Atomic Energy Community and certain
related Acts has adopted the following texts:
I. The Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain
related Acts
II. Protocols
A. Protocol annexed to the Treaty on European Union:
1. Protocol on Article J.7 of the Treaty on European Union
B. Protocols annexed to the Treaty on European Union and to the Treaty establishing the European Community:
2. Protocol integrating the Schengen acquis into the framework of the European Union
3. Protocol on the application of certain aspects of Article 7a of the Treaty establishing the European Community to the United
Kingdom and to Ireland
4. Protocol on the position of the United Kingdom and Ireland
5. Protocol on the position of Denmark
C. Protocols annexed to the Treaty establishing the European Community:
6. Protocol on asylum for nationals of Member States of the European Union
7. Protocol on the application of the principles of subsidiarity and proportionality
8. Protocol on external relations of the Member States with regard to the crossing of external borders
9. Protocol on the system of public broadcasting in the Member States
10. Protocol on protection and welfare of animals
D. Protocols annexed to the Treaty on European Union and to the Treaties establishing the European Community, the European
Coal and Steel Community and the European Atomic Energy Community
11. Protocol on the institutions with the prospect of enlargement of the European Union
12. Protocol on the location of the seats of the institutions and of certain bodies and departments of the European Communities
and of Europol
13. Protocol on the role of national parliaments in the European Union
III. Declarations
The Conference adopted the following declarations annexed to this Final Act:
1. Declaration on the abolition of the death penalty
2. Declaration on enhanced cooperation between the European Union and the Western European Union
3. Declaration relating to Western European Union
4. Declaration on Articles J.14 and K.10 of the Treaty on European Union
5. Declaration on Article J.15 of the Treaty on European Union
6. Declaration on the establishment of a policy planning and early warning unit
7. Declaration on Article K.2 of the Treaty on European Union
8. Declaration on Article K.3(e) of the Treaty on European Union
9. Declaration on Article K.6(2) of the Treaty on European Union
10. Declaration on Article K.7 of the Treaty on European Union
11. Declaration on the status of churches and non-confessional organisations
12. Declaration on environmental impact assessments
13. Declaration on Article 7d of the Treaty establishing the European Community
14. Declaration on the repeal of Article 44 of the Treaty establishing the European Community
15. Declaration on the preservation of the level of protection and security provided by the Schengen acquis
16. Declaration on Article 73j(2)(b) of the Treaty establishing the European Community
17. Declaration on Article 73k of the Treaty establishing the European Community
18. Declaration on Article 73k(3)(a) of the Treaty establishing the European Community
19. Declaration on Article 73l(1) of the Treaty establishing the European Community
20. Declaration on Article 73m of the Treaty establishing the European Community
21. Declaration on Article 73o of the Treaty establishing the European Community
22. Declaration regarding persons with a disability
23. Declaration on incentive measures referred to in Article 109r of the Treaty establishing the European Community
24. Declaration on Article 109r of the Treaty establishing the European Community
25. Declaration on Article 118 of the Treaty establishing the European Community
26. Declaration on Article 118(2) of the Treaty establishing the European Community
27. Declaration on Article 118b(2) of the Treaty establishing the European Community
28. Declaration on Article 119(4) of the Treaty establishing the European Community
29. Declaration on sport
30. Declaration on island regions
31. Declaration relating to the Council Decision of 13 July 1987
32. Declaration on the organisation and functioning of the Commission
33. Declaration on Article 188c(3) of the Treaty establishing the European Community
34. Declaration on respect for time limits under the co-decision procedure
35. Declaration on Article 191a(1) of the Treaty establishing the European Community
36. Declaration on the Overseas Countries and Territories
37. Declaration on public credit institutions in Germany
38. Declaration on voluntary service activities
39. Declaration on the quality of the drafting of Community legislation
40. Declaration concerning the procedure for concluding international agreements by the European Coal and Steel Community
41. Declaration on the provisions relating to transparency, access to documents and the fight against fraud
42. Declaration on the consolidation of the Treaties
43. Declaration relating to the Protocol on the application of the principles of subsidiarity and proportionality
44. Declaration on Article 2 of the Protocol integrating the Schengen acquis into the framework of the European Union
45. Declaration on Article 4 of the Protocol integrating the Schengen acquis into the framework of the European Union
46. Declaration on Article 5 of the Protocol integrating the Schengen acquis into the framework of the European Union
47. Declaration on Article 6 of the Protocol integrating the Schengen acquis into the framework of the European Union
48. Declaration relating to the Protocol on asylum for nationals of Member States of the European Union
49. Declaration relating to subparagraph (d) of the Sole Article of the Protocol on asylum for nationals of Member States
of the European Union
50. Declaration relating to the Protocol on the institutions with the prospect of enlargement of the European Union
51. Declaration on Article 10 of the Treaty of Amsterdam
The Conference also took note of the following declarations annexed to this Final Act:
1. Declaration by Austria and Luxembourg on credit institutions
2. Declaration by Denmark relating to Article K.14 of the Treaty on European Union
3. Declaration by Germany, Austria and Belgium on subsidiarity
4. Declaration by Ireland on Article 3 of the Protocol on the position of the United Kingdom and Ireland
5. Declaration by Belgium on the Protocol on asylum for nationals of Member States of the European Union
6. Declaration by Belgium, France and Italy on the Protocol on the institutions with the prospect of enlargement of the European
Union
7. Declaration by France concerning the situation of the overseas departments in the light of the Protocol integrating the
Schengen acquis into the framework of the European Union
8. Declaration by Greece concerning the Declaration on the status of churches and non-confessional organisations
Finally, the Conference agreed to attach, for illustrative purposes, to this Final Act the texts of the Treaty on European
Union and the Treaty establishing the European Community, as they result from the amendments made by the Conference.
Hecho en Amsterdam, el dos de octubre de mil novecientos noventa y siete.
Udfærdiget i Amsterdam, den anden oktober nittenhundrede og syvoghalvfems.
Geschehen zu Amsterdam am zweiten Oktober neunzehnhundertsiebenundneunzig.
Έγινε στο Άμστερνταμ, στις δύο Οκτωβρίου του έτους χίλια εννιακόσια ενενήντα επτά.
Done at Amsterdam this second day of October in the year one thousand nine hundred and ninety-seven.
Fait à Amsterdam, le deux octobre de l'an mil neuf cent quatre-vingt-dix-sept.
Arna dhéanamh in Amstardam ar an dara lá de Dheireadh Fómhair sa bhliain míle naoi gcéad nócha a seacht.
Fatto ad Amsterdam, addì due ottobre millenovecentonovantasette.
Gedaan te Amsterdam, de tweede oktober negentienhonderd zevenennegentig.
Feito em Amesterdão, em dois de Outubro de mil novecentos e noventa e sete.
Tehty Amsterdamissa 2 päivänä lokakuuta vuonna tuhatyhdeksänsataayhdeksänkymmentäseitsemän.
Utfärdat i Amsterdam den andra oktober år nittonhundranittiosju.
Pour Sa Majesté le Roi des Belges
Voor Zijne Majesteit de Koning der Belgen
Für Seine Majestät den König der Belgier
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Cette
signature engage également la Communauté française, la Communauté
flamande, la Communauté germanophone, la Région wallonne, la Région
flamande et la Région de Bruxelles-Capitale. Deze handtekening verbindt eveneens de Vlaamse Gemeenschap, de Franse Gemeenschap, de Duitstalige Gemeenschap, het Vlaamse
Gewest, het Waalse Gewest en het Brusselse Hoofdstedelijke Gewest.
Diese Unterschrift bindet zugleich die Deutschsprachige Gemeinschaft, die Flämische Gemeinschaft, die Französische Gemeinschaft,
die Wallonische Region, die Flämische Region und die Region Brüssel-Hauptstadt.
For Hendes Majestæt Danmarks Dronning
***IMAGE***
Für den Präsidenten der Bundesrepublik Deutschland
***IMAGE***
Για τον Πρόεδρο της Ελληνικής Δημοκρατίας
***IMAGE***
Por Su Majestad el Rey de España
***IMAGE***
Pour le Président de la République française
***IMAGE***
Thar ceann an Choimisiúin arna údarú le hAirteagal 14 de Bhunreacht na hÉireann chun cumhachtaí agus feidhmeanna Uachtarán
na hÉireann a oibriú agus a chomhlíonadh
For the Commission authorised by Article 14 of the Constitution of Ireland to exercise and perform the powers and functions
of the President of Ireland
***IMAGE***
Per il Presidente della Repubblica italiana
***IMAGE***
Pour Son Altesse Royale le Grand-Duc de Luxembourg
***IMAGE***
Voor Hare Majesteit de Koningin der Nederlanden
***IMAGE***
Für den Bundespräsidenten der Republik Österreich
***IMAGE***
Pelo Presidente da República Portuguesa
***IMAGE***
Suomen Tasavallan Presidentin puolesta
För Republiken Finlands President
***IMAGE***
För Hans Majestät Konungen av Sverige
***IMAGE***
For Her Majesty the Queen of the United Kingdom of Great Britain and Northern Ireland
***IMAGE***
DECLARATIONS ADOPTED BY THE CONFERENCE
With
reference to Article F(2) of the Treaty on European Union, the
Conference recalls that Protocol No.No 6 to the European Convention for
the Protection of Human Rights and Fundamental Freedoms signed in Rome
on 4 November 1950,
and which has been signed and ratified by a large majority of Member
States, provides for the abolition of the death penalty.
In this context, the Conference notes the fact that since the signature of the abovementioned Protocol on 28 April 1983, the
death penalty has been abolished in most of the Member States of the Union and has not been applied in any of them.
With a view to enhanced cooperation between the European Union and the Western European Union, the Conference invites the
Council to seek the early adoption of appropriate arrangements for the security clearance of the personnel of the General
Secretariat of the Council.
The Conference notes the following Declaration, adopted by the Council of Ministers of the Western European Union on 22 July
1997
‘DECLARATION OF WESTERN EUROPEAN UNION ON THE ROLE OF WESTERN EUROPEAN UNION AND ITS RELATIONS WITH THE EUROPEAN UNION AND
WITH THE ATLANTIC ALLIANCE
INTRODUCTION
1. The Western European Union (WEU) Member States agreed at
Maastricht in 1991 on the need to develop a genuine European Security
and Defence Identity (ESDI) and to assume a greater European
responsibility for defence matters. In the light of the Treaty
of Amsterdam, they reaffirm the importance of continuing and
strengthening these efforts. WEU is an integral part of the development
of the European Union (EU) providing the Union with access to an
operational capability, notably in the context of the Petersberg
tasks and is an essential element of the development of the ESDI within
the Atlantic Alliance in accordance with the Paris
Declaration and with the decisions taken by NATO ministers in Berlin.
2. Today the WEU Council brings together all the Member States
of the European Union and all the European Members of the Atlantic
Alliance in accordance with their respective status. The Council also
brings together those States with the Central and Eastern
European States linked to the European Union by an Association
Agreement and that are applicants for accession to both the
European Union and the Atlantic Alliance. WEU is thus establishing
itself as a genuine framework for dialogue and cooperation
among Europeans on wider European security and defence issues.
3. In this context, WEU takes note of Title V of the Treaty on European Union regarding the EU's common foreign and security
policy, in particular Articles J.3(1), J.7 and the Protocol to Article J.7, which read as follows:
Article J.3(1)
“1. The European Council shall define the principles and
general guidelines for the common foreign and security policy,
including
for matters with defence implications.”
Article J.7
“1. The common foreign and security policy shall include
all questions relating to the security of the Union, including the
progressive framing of a common defence policy, in accordance with the
second subparagraph, which might lead to a common defence,
should the European Council so decide. It shall in that case recommend
to the Member States the adoption of such a decision
in accordance with their respective constitutional requirements.
The Western European Union (WEU) is an integral part of the
development of the Union providing the Union with access to an
operational capability notably in the context of paragraph 2. It
supports the Union in framing the defence aspects of the
common foreign and security policy as set out in this Article. The
Union shall accordingly foster closer institutional relations
with the WEU with a view to the possibility of the integration of the
WEU into the Union, should the European Council so decide.
It shall in that case recommend to the Member States the adoption of
such a decision in accordance with their respective constitutional
requirements.
The policy of the Union in accordance with this Article shall not prejudice the specific character of the security and defence
policy of certain Member States and shall respect the obligations of certain Member States, which see their common defence
realised in the North Atlantic Treaty Organisation (NATO), under the North Atlantic Treaty and be compatible with the common
security and defence policy established within that framework.
The progressive framing of a common defence policy will be supported, as Member States consider appropriate, by cooperation
between them in the field of armaments.
2. Questions referred to in this Article shall include
humanitarian and rescue tasks, peace-keeping tasks and tasks of combat
forces in crisis management, including peace making.
3. The Union will avail itself of the WEU to elaborate and implement decisions and actions of the Union which have defence
implications.
The competence of the European Council to establish guidelines in accordance with Article J.3 shall also obtain in respect
of the WEU for those matters for which the Union avails itself of the WEU.
When the Union avails itself of the WEU to elaborate and implement decisions of the Union on the tasks referred to in paragraph
2, all Member States of the Union shall be entitled to participate fully in the tasks in question. The Council, in agreement
with the institutions of the WEU, shall adopt the necessary practical arrangements to allow all Member States contributing
to the tasks in question to participate fully and on an equal footing in planning and decision-taking in the WEU.
Decisions having defence implications dealt with under this paragraph shall be taken without prejudice to the policies and
obligations referred to in paragraph 1, third subparagraph.
4. The provisions of this Article shall not prevent the development of closer cooperation between two or more Member States
on a bilateral level, in the framework of the WEU and the Atlantic Alliance, provided such cooperation does not run counter
to or impede that provided for in this Title.
5. With a view to furthering the objectives of this Article, the provisions of this Article will be reviewed in accordance
with Article N.”
Protocol on Article J.7
“THE HIGH CONTRACTING PARTIES,
BEARING IN MIND the need to implement fully the provisions of Article J.7(1), second subparagraph, and (3) of the Treaty on
European Union,
BEARING IN MIND that the policy of the Union in accordance with Article J.7 shall not prejudice the specific character of
the security and defence policy of certain Member States and shall respect the obligations of certain Member States, which
see their common defence realised in NATO, under the North Atlantic Treaty and be compatible with the common security and
defence policy established within that framework,
HAVE AGREED UPON the following provision, which is annexed to the Treaty on European Union,
The European Union shall draw up, together with the Western European Union, arrangements for enhanced cooperation between
them, within a year from the entry into force of the Treaty of Amsterdam.”
A. WEU's RELATIONS WITH THE EUROPEAN UNION: ACCOMPANYING THE IMPLEMENTATION OF THE TREATY OF AMSTERDAM
4. In the “Declaration on the Role of the Western European Union
and its Relations with the European Union and with the Atlantic
Alliance” of 10 December 1991, WEU Member States set as their objective
“to build up WEU in stages as the defence component of the European
Union”. They today reaffirm this aim as developed by the Treaty of
Amsterdam.
5. When the Union avails itself of WEU, WEU will elaborate and implement decisions and actions of the EU which have defence
implications.
In elaborating and implementing decisions and actions of the EU
for which the Union avails itself of WEU, WEU will act consistently
with guidelines established by the European Council.
WEU supports the Union in framing the defence aspects of the European Union Common Foreign and Security Policy as set out
in Article J.7 of the Treaty on European Union.
6. WEU confirms that when the European Union avails itself of
WEU to elaborate and implement decisions of the Union on the
tasks referred to in Article J.7(2) of the Treaty on European Union,
all Member States of the Union shall be entitled to participate
fully in the tasks in question in accordance with Article J.7(3) of the
Treaty on European Union.
WEU will develop the role of the Observers in WEU in line with
provisions contained in Article J.7(3) and will adopt the necessary
practical arrangements to allow all Member States of the EU
contributing to the tasks undertaken by WEU at the request of
the EU to participate fully and on an equal footing in planning and
decision-taking in the WEU.
7. Consistent with the Protocol on Article J.7 of the Treaty on European Union, WEU shall draw up, together with the European
Union, arrangements for enhanced cooperation between them. In this regard, a range of measures, on some of which work is already
at hand in WEU, can be taken forward now, such as:
- arrangements for improving the coordination of the consultation and decision-making processes of the respective Organisations,
in particular in crisis situations;
- holding of joint meetings of the relevant bodies of the two Organisations;
- harmonisation as much as possible of the sequence of the Presidencies of WEU and the EU, as well as the administrative rules
and practices of the two Organisations;
- close coordination of the work of the staff of the Secretariat-General of the WEU and the General Secretariat of the Council
of the EU, including through the exchange and secondment of personnel;
- arrangements to allow the relevant bodies of the EU, including its Policy Planning and Early Warning Unit, to draw on the
resources of WEU's Planning Cell, Situation Centre and Satellite Centre;
- cooperation in the field of armaments, as appropriate, within the framework of the Western European Armaments Group (WEAG),
as the European forum for armaments cooperation, the EU and WEU in the context of rationalisation of the European armaments
market and the establishment of a European Armaments Agency;
- practical arrangements for ensuring cooperation with the European Commission reflecting its role in the CFSP as defined
in the revised Treaty on European Union;
- improved security arrangements with the European Union.
B. RELATIONS BETWEEN WEU AND NATO IN THE FRAMEWORK OF THE DEVELOPMENT OF AN ESDI WITHIN THE ATLANTIC ALLIANCE
8. The Atlantic Alliance continues to be the basis of collective
defence under the North Atlantic Treaty. It remains the essential
forum for consultation among Allies and the framework in which they
agree on policies bearing on their security and defence
commitments under the Washington Treaty. The Alliance has embarked on a
process of adaptation and reform so that it can more
effectively carry out the full range of its missions. This process is
aimed at strengthening and renewing the transatlantic
partnership, including building an ESDI within the Alliance.
9. WEU is an essential element of the development of the European Security and Defence Identity within the Atlantic Alliance
and will accordingly continue its efforts to strengthen institutional and practical cooperation with NATO.
10. In addition to its support for the common defence enshrined
in Article 5 of the Washington Treaty and Article V of the
modified Brussels Treaty, WEU takes an active role in conflict
prevention and crisis management as provided for in the Petersberg
Declaration. In this context, WEU undertakes to perform its role to the
full, respecting the full transparency and complementarity
between the two Organisations.
11. WEU affirms that this identity will be grounded on sound military principles and supported by appropriate military planning
and will permit the creation of militarily coherent and effective forces capable of operating under the political control
and strategic direction of WEU.
12. To this end, WEU will develop its cooperation with NATO, in particular in the following fields:
- mechanisms for consultation between WEU and NATO in the context of a crisis;
- WEU's active involvement in the NATO defence planning process;
- operational links between WEU and NATO for the planning,
preparation and conduct of operations using NATO assets and
capabilities
under the political control and strategic direction of WEU, including:
- military planning, conducted by NATO in coordination with WEU, and exercises;
- a framework agreement on the transfer, monitoring and return of NATO assets and capabilities;
- liaison between WEU and NATO in the context of European command arrangements.
This cooperation will continue to evolve, also taking account of the adaptation of the Alliance.
C. WEU's OPERATIONAL ROLE IN THE DEVELOPMENT OF THE ESDI
13. WEU will develop its role as the European politico-military body for crisis management, by using the assets and capabilities
made available by WEU nations on a national or multinational basis, and having recourse, when appropriate, to NATO's assets
and capabilities under arrangements being worked out. In this context, WEU will also support the UN and OSCE in their crisis
management tasks.
WEU will contribute, in the framework of Article J.7 of the Treaty on European Union, to the progressive framing of a common
defence policy and carry forward its concrete implementation through the further development of its own operational role.
14. To this end, WEU will take forward work in the following fields:
- WEU has developed crisis management mechanisms and procedures
which will be updated as WEU gains experience through exercises
and operations. The implementation of Petersberg missions calls for
flexible modes of action geared to the diversity of crisis
situations and making optimum use of the available capabilities
including through recourse to national headquarters, which
might be one provided by a framework nation, or to multinational
headquarters answerable to WEU or to NATO assets and capabilities;
- WEU has already worked out Preliminary Conclusions on the Formulation of a Common European Defence Policy which is an initial
contribution on the objectives, scope and means of a common European defence policy.
WEU will continue this work on the basis in particular of the Paris Declaration and taking account of the relevant elements
of the decisions of WEU and NATO summits and ministerial meetings since Birmingham. It will focus on the following fields:
- definition of principles for the use of armed forces of the WEU States for WEU Petersberg operations in pursuit of common
European security interests;
- organisation of operational means for Petersberg tasks, such as generic and contingency planning and exercising, preparation
and interoperability of forces, including through participation in the NATO defence planning process, as appropriate;
- strategic mobility on the basis of its current work;
- defence intelligence, through its Planning Cell, Situation Centre and Satellite Centre;
- WEU has adopted many measures to strengthen its operational
role (Planning Cell, Situation Centre, Satellite Centre). The
improvement of the functioning of the military components at WEU
Headquarters and the establishment, under the Council's authority,
of a military committee will represent a further enhancement of
structures which are important for the successful preparation
and conduct of WEU operations;
- with the aim of opening participation in all its operations to Associate Members and Observer States, WEU will also examine
the necessary modalities to allow Associate Members and Observer States to participate fully in accordance with their status
in all operations undertaken by WEU;
- WEU recalls that Associate Members take part on the same basis
as full members in operations to which they contribute, as
well as in relevant exercises and planning. WEU will also examine the
question of participation of the Observers as fully
as possible in accordance with their status in planning and
decision-taking within WEU in all operations to which they contribute;
- WEU will, in consultation where appropriate with the relevant bodies, examine the possibilities for maximum participation
in its activities by Associate Members and Observer States in accordance with their status. It will address in particular
activities in the fields of armaments, space and military studies;
- WEU will examine how to strengthen the Associate Partners' participation in an increasing number of activities.’
The provisions of Articles J.14 and K.10 of the Treaty on European Union and any agreements resulting from them shall not
imply any transfer of competence from the Member States to the European Union.
The Conference agrees that Member States shall ensure that the Political Committee referred to in Article J.15 of the Treaty
on European Union is able to meet at any time, in the event of international crises or other urgent matters, at very short
notice at Political Director or deputy level.
The Conference agrees that:
1. A policy planning and early warning unit shall be established
in the General Secretariat of the Council under the responsibility
of its Secretary-General, High Representative for the CFSP. Appropriate
cooperation shall be established with the Commission
in order to ensure full coherence with the Union's external economic
and development policies.
2. The tasks of the unit shall include the following:
(a) monitoring and analysing developments in areas relevant to the CFSP;
(b) providing assessments of the Union's foreign and security policy interests and identifying areas where the CFSP could
focus in future;
(c) providing timely assessments and early warning of events or situations which may have significant repercussions for the
Union's foreign and security policy, including potential political crises;
(d) producing, at the request of either the Council or the Presidency or on its own initiative, argued policy options papers
to be presented under the responsibility of the Presidency as a contribution to policy formulation in the Council, and which
may contain analyses, recommendations and strategies for the CFSP.
3. The unit shall consist of personnel drawn from the General Secretariat, the Member States, the Commission and the WEU.
4. Any Member State or the Commission may make suggestions to the unit for work to be undertaken.
5. Member States and the Commission shall assist the policy planning process by providing, to the fullest extent possible,
relevant information, including confidential information.
Action in the field of police cooperation under Article K.2 of the Treaty on European Union, including activities of Europol,
shall be subject to appropriate judicial review by the competent national authorities in accordance with rules applicable
in each Member State.
The Conference agrees that the provisions of Article K.3(e) of the Treaty on European Union shall not have the consequence
of obliging a Member State whose legal system does not provide for minimum sentences to adopt them.
The Conference agrees that initiatives for measures referred to in Article K.6(2) of the Treaty on European Union and acts
adopted by the Council thereunder shall be published in the Official Journal of the European Communities, in accordance with
the relevant Rules of Procedure of the Council and the Commission.
The Conference notes that Member States may, when making a declaration pursuant to Article K.7(2) of the Treaty on European
Union, reserve the right to make provisions in their national law to the effect that, where a question relating to the validity
or interpretation of an act referred to in Article K.7(1) is raised in a case pending before a national court or tribunal
against whose decision there is no judicial remedy under national law, that court or tribunal will be required to refer the
matter to the Court of Justice.
The European Union respects and does not prejudice the status under national law of churches and religious associations or
communities in the Member States.
The European Union equally respects the status of philosophical and non-confessional organisations.
The Conference notes that the Commission undertakes to prepare environmental impact assessment studies when making proposals
which may have significant environmental implications.
The provisions of Article 7d of the Treaty establishing the European Community on public services shall be implemented with
full respect for the jurisprudence of the Court of Justice, inter alia as regards the principles of equality of treatment,
quality and continuity of such services.
The repeal of Article 44 of the Treaty establishing the European Community, which contains a reference to a natural preference
between Member States in the context of fixing minimum prices during the transitional period, has no effect on the principle
of Community preference as defined by the case law of the Court of Justice.
The Conference agrees that measures to be adopted by the Council, which will have the effect of replacing provisions on the
abolition of checks at common borders contained in the 1990 Schengen Convention, should provide at least the same level of
protection and security as under the aforementioned provisions of the Schengen Convention.
The Conference agrees that foreign policy considerations of the Union and the Member States shall be taken into account in
the application of Article 73j(2)(b) of the Treaty establishing the European Community.
Consultations shall be established with the United Nations High Commissioner for Refugees and other relevant international
organisations on matters relating to asylum policy.
The Conference agrees that Member States may negotiate and conclude agreements with third countries in the domains covered
by Article 73k(3)(a) of the Treaty establishing the European Community as long as such agreements respect Community law.
The
Conference agrees that Member States may take into account foreign
policy considerations when exercising their responsibilities
under Article 73l(1) of the Treaty establishing the European Community.
Measures adopted pursuant to Article 73m of the Treaty establishing the European Community shall not prevent any Member State
from applying its constitutional rules relating to freedom of the press and freedom of expression in other media.
The Conference agrees that the Council will examine the elements of the decision referred to in Article 73o(2), second indent,
of the Treaty establishing the European Community before the end of the five year period referred to in Article 73o with a
view to taking and applying this decision immediately after the end of that period.
The Conference agrees that, in drawing up measures under Article 100a of the Treaty establishing the European Community, the
institutions of the Community shall take account of the needs of persons with a disability.
The Conference agrees that the incentive measures referred to in Article 109r of the Treaty establishing the European Community
should always specify the following:
- the grounds for taking them based on an objective assessment of their need and the existence of an added value at Community
level;
- their duration, which should not exceed five years;
- the maximum amount for their financing, which should reflect the incentive nature of such measures.
It is understood that any expenditure under Article 109r of the Treaty establishing the European Community will fall within
Heading 3 of the financial perspectives.
It is understood that any expenditure under Article 118 of the Treaty establishing the European Community will fall within
Heading 3 of the financial perspectives.
The High Contracting Parties note that in the discussions on Article 118(2) of the Treaty establishing the European Community
it was agreed that the Community does not intend, in laying down minimum requirements for the protection of the safety and
health of employees, to discriminate in a manner unjustified by the circumstances against employees in small and medium-sized
undertakings.
The
High Contracting Parties declare that the first of the arrangements for
application of the agreements between management
and labour at Community level - referred to in Article 118b(2) of
the Treaty establishing the European Community - will consist
in developing, by collective bargaining according to the rules of each
Member State, the content of the agreements, and that
consequently this arrangement implies no obligation on the Member
States to apply the agreements directly or to work out rules
for their transposition, nor any obligation to amend national
legislation in force to facilitate their implementation.
When adopting measures referred to in Article 119(4) of the Treaty establishing the European Community, Member States should,
in the first instance, aim at improving the situation of women in working life.
The
Conference emphasises the social significance of sport, in particular
its role in forging identity and bringing people
together. The Conference therefore calls on the bodies of the European
Union to listen to sports associations when important
questions affecting sport are at issue. In this connection, special
consideration should be given to the particular characteristics
of amateur sport.
The Conference recognises that island regions suffer from structural handicaps linked to their island status, the permanence
of which impairs their economic and social development.
The Conference accordingly acknowledges that Community legislation must take account of these handicaps and that specific
measures may be taken, where justified, in favour of these regions in order to integrate them better into the internal market
on fair conditions.
The Conference calls on the Commission to submit to the Council by the end of 1998 at the latest a proposal to amend the Council
decision of 13 July 1987 laying down the procedures for the exercise of implementing powers conferred on the Commission.
The
Conference notes the Commission's intention to prepare a reorganization
of tasks within the college in good time for the
Commission which will take up office in 2000, in order to ensure an
optimum division between conventional portfolios and specific
tasks.
In this context, it considers that the President of the Commission must enjoy broad discretion in the allocation of tasks
within the college, as well as in any reshuffling of those tasks during a Commission's term of office.
The Conference also notes the Commission's intention to undertake in parallel a corresponding reorganisation of its departments.
It notes in particular the desirability of bringing external relations under the responsibility of a Vice-President.
The Conference invites the Court of Auditors, the European Investment Bank and the Commission to maintain in force the present
Tripartite Agreement. If a succeeding or amending text is required by any party, they shall endeavour to reach agreement on
such a text having regard to their respective interests.
The
Conference calls on the European Parliament, the Council and the
Commission to make every effort to ensure that the co-decision
procedure operates as expeditiously as possible. It recalls the
importance of strict respect for the deadlines set out in
Article 189b of the Treaty establishing the European Community and
confirms that recourse, provided for in paragraph 7 of
that Article, to extension of the periods in question should be
considered only when strictly necessary. In no case should
the actual period between the second reading by the European Parliament
and the outcome of the Conciliation Committee exceed
nine months.
The Conference agrees that the principles and conditions referred to in Article 191a(1) of the Treaty establishing the European
Community will allow a Member State to request the Commission or the Council not to communicate to third parties a document
originating from that State without its prior agreement.
The
Conference recognises that the special arrangements for the association
of the overseas countries and territories (OCTs)
under Part Four of the Treaty establishing the European Community were
designed for countries and territories that were numerous,
covered vast areas and had large populations. The arrangements have
changed little since 1957.
The Conference notes that there are today only 20 OCTs and that they are extremely scattered island territories with a total
population of approximately 900 000. Moreover, most OCTs lag far behind in structural terms, a fact linked to their particularly
severe geographical and economic handicaps. In these circumstances, the special arrangements for association as they were
conceived in 1957 can no longer deal effectively with the challenges of OCT development.
The Conference solemnly restates that the purpose of association is to promote the economic and social development of the
countries and territories and to establish close economic relations between them and the Community as a whole.
The Conference invites the Council, acting in accordance with the provisions of Article 136 of the Treaty establishing the
European Community, to review the association arrangements by February 2000, with the fourfold objective of:
- promoting the economic and social development of the OCTs more effectively;
- developing economic relations between the OCTs and the European Union;
- taking greater account of the diversity and specific characteristics of the individual OCTs, including aspects relating
to freedom of establishment;
- ensuring that the effectiveness of the financial instrument is improved.
The Conference notes the Commission's opinion to the effect that the Community's existing competition rules allow services
of general economic interest provided by public credit institutions existing in Germany and the facilities granted to them
to compensate for the costs connected with such services to be taken into account in full. In this context, the way in which
Germany enables local authorities to carry out their task of making available in their regions a comprehensive and efficient
financial infrastructure is a matter for the organisation of that Member State. Such facilities may not adversely affect the
conditions of competition to an extent beyond that required in order to perform these particular tasks and which is contrary
to the interests of the Community.
The Conference recalls that the European Council has invited the
Commission to examine whether similar cases exist in the
other Member States, to apply as appropriate the same standards on
similar cases and to inform the Council in its ECOFIN formation.
The Conference recognises the important contribution made by voluntary service activities to developing social solidarity.
The Community will encourage the European dimension of voluntary organisations with particular emphasis on the exchange of
information and experiences as well as on the participation of the young and the elderly in voluntary work.
The Conference notes that the quality of the drafting of Community legislation is crucial if it is to be properly implemented
by the competent national authorities and better understood by the public and in business circles. It recalls the conclusions
on this subject reached by the Presidency of the European Council in Edinburgh on 11 and 12 December 1992, as well as the
Council Resolution on the quality of drafting of Community legislation adopted on 8 June 1993 (Official Journal of the European
Communities, C 166 of 17 June 1993, p. 1).
The Conference considers that the three institutions involved in
the procedure for adopting Community legislation, the European
Parliament, the Council and the Commission, should lay down guidelines
on the quality of drafting of the said legislation.
It also stresses that Community legislation should be made more
accessible and welcomes in this regard the adoption and first
implementation of an accelerated working method for official
codification of legislative texts, established by the
Interinstitutional
Agreement of 20 December 1994 (Official Journal of the European
Communities, C 102 of 4 April 1996, p. 2).
Therefore, the Conference declares that the European Parliament, the Council and the Commission ought to:
- establish by common accord guidelines for improving the
quality of the drafting of Community legislation and follow those
guidelines when considering proposals for Community legislation or
draft legislation, taking the internal organisational measures
they deem necessary to ensure that these guidelines are properly
applied;
- make their best efforts to accelerate the codification of legislative texts.
The
repeal of Article 14 of the Convention on the Transitional Provisions
annexed to the Treaty establishing the European
Coal and Steel Community does not alter existing practice concerning
the procedure for the conclusion of international agreements
by the European Coal and Steel Community.
The Conference considers that the European Parliament, the Council and the Commission, when they act in pursuance of the Treaty
establishing the European Coal and Steel Community and the Treaty establishing the European Atomic Energy Community, should
draw guidance from the provisions relating to transparency, access to documents and the fight against fraud in force within
the framework of the Treaty establishing the European Community.
The High Contracting Parties agreed that the technical work begun during the course of this Intergovernmental Conference shall
continue as speedily as possible with the aim of drafting a consolidation of all the relevant Treaties, including the Treaty
on European Union.
They agreed that the final results of this technical work, which shall be made public for illustrative purposes under the
responsibility of the Secretary-General of the Council, shall have no legal value.
The
High Contracting Parties confirm, on the one hand, the Declaration on
the implementation of Community law annexed to the
Final Act of the Treaty on European Union and, on the other, the
conclusions of the Essen European Council stating that the
administrative implementation of Community law shall in principle be
the responsibility of the Member States in accordance
with their constitutional arrangements. This shall not affect the
supervisory, monitoring and implementing powers of the Community
Institutions as provided under Articles 145 and 155 of the Treaty
establishing the European Community.
The High Contracting Parties agree that the Council shall adopt all the necessary measures referred to in Article 2 of the
Protocol integrating the Schengen acquis into the framework of the European Union upon the date of entry into force of the
Treaty of Amsterdam. To that end, the necessary preparatory work shall be undertaken in due time in order to be completed
prior to that date.
The High Contracting Parties invite the Council to seek the opinion of the Commission before it decides on a request under
Article 4 of the Protocol integrating the Schengen acquis into the framework of the European Union by Ireland or the United
Kingdom of Great Britain and Northern Ireland to take part in some or all of the provisions of the Schengen acquis.
They also undertake to make their best efforts with a view to allowing Ireland or the United Kingdom of Great Britain and
Northern Ireland, if they so wish, to use the provisions of Article 4 of the said Protocol so that the Council may be in a
position to take the decisions referred to in that Article upon the date of entry into force of that Protocol or at any time
thereafter.
The High Contracting Parties undertake to make all efforts in order to make action among all Member States possible in the
domains of the Schengen acquis, in particular whenever Ireland and the United Kingdom of Great Britain and Northern Ireland
have accepted some or all of the provisions of that acquis in accordance with Article 4 of the Protocol integrating the Schengen
acquis into the framework of the European Union.
The High Contracting Parties agree to take all necessary steps so that the Agreements referred to in Article 6 of the Protocol
integrating the Schengen acquis into the framework of the European Union may enter into force on the same date as the date
of entry into force of the Treaty of Amsterdam.
The Protocol on asylum for nationals of Member States of the European Union does not prejudice the right of each Member State
to take the organisational measures it deems necessary to fulfil its obligations under the Geneva Convention of 28 July 1951
relating to the status of refugees.
The Conference declares that, while recognising the importance of the Resolution of the Ministers of the Member States of
the European Communities responsible for immigration of 30 November/1 December 1992 on manifestly unfounded applications for
asylum and of the Resolution of the Council of 20 June 1995 on minimum guarantees for asylum procedures, the question of abuse
of asylum procedures and appropriate rapid procedures to dispense with manifestly unfounded applications for asylum should
be further examined with a view to introducing new improvements in order to accelerate these procedures.
Until
the entry into force of the first enlargement it is agreed that the
decision of the Council of 29 March 1994 (‘the Ioannina Compromise’)
will be extended and, by that date, a solution for the special case of
Spain will be found.
The Treaty of Amsterdam repeals and deletes lapsed provisions of the Treaty establishing the European Community, the Treaty
establishing the European Coal and Steel Community and the Treaty establishing the European Atomic Energy Community as they
were in force before the entry into force of the Treaty of Amsterdam and adapts certain of their provisions, including the
insertion of certain provisions of the Treaty establishing a single Council and a single Commission of the European Communities
and the Act concerning the election of the representatives of the European Parliament by direct universal suffrage. Those
operations do not affect the ‘acquis communautaire’.
DECLARATIONS OF WHICH THE CONFERENCE TOOK NOTE
Austria
and Luxembourg consider that the Declaration on public credit
institutions in Germany also applies to credit institutions
in Austria and Luxembourg with a comparable organisational structure.
Article
K.14 of the Treaty on European Union requires the unanimity of all
members of the Council of the European Union, i.e.
all Member States, for the adoption of any decision to apply the
provisions of Title IIIa of the Treaty establishing the European
Community on visas, asylum, immigration and other policies related to
free movement of persons to action in areas referred
to in Article K.1. Moreover, any unanimous decision of the Council,
before coming into force, will have to be adopted in each
Member State, in accordance with its constitutional requirements. In
Denmark, such adoption will, in the case of a transfer
of sovereignty, as defined in the Danish constitution, require either a
majority of five sixths of members of the Folketing
or both a majority of the members of the Folketing and a majority of
voters in a referendum.
It is taken for granted by the German, Austrian and Belgian governments that action by the European Community in accordance
with the principle of subsidiarity not only concerns the Member States but also their entities to the extent that they have
their own law-making powers conferred on them under national constitutional law.
Ireland declares that it intends to exercise its right under Article 3 of the Protocol on the position of the United Kingdom
and Ireland to take part in the adoption of measures pursuant to Title IIIa of the Treaty establishing the European Community
to the maximum extent compatible with the maintenance of its Common Travel Area with the United Kingdom. Ireland recalls that
its participation in the Protocol on the application of certain aspects of Article 7a of the Treaty establishing the European
Community reflects its wish to maintain its Common Travel Area with the United Kingdom in order to maximise freedom of movement
into and out of Ireland.
In approving the Protocol on asylum for nationals of Member States of the European Union, Belgium declares that, in accordance
with its obligations under the 1951 Geneva Convention and the 1967 New York Protocol, it shall, in accordance with the provision
set out in point (d) of the sole Article of that Protocol, carry out an individual examination of any asylum request made
by a national of another Member State.
Belgium, France and Italy
observe that, on the basis of the results of the Intergovernmental
Conference, the Treaty of Amsterdam
does not meet the need, reaffirmed at the Madrid European Council, for
substantial progress towards reinforcing the institutions.
Those countries consider that such reinforcement is an
indispensable condition for the conclusion of the first accession
negotiations.
They are determined to give the fullest effect appropriate to the
Protocol as regards the composition of the Commission and
the weighting of votes and consider that a significant extension of
recourse to qualified majority voting forms part of the
relevant factors which should be taken into account.
France considers that the implementation of the Protocol integrating the Schengen acquis into the framework of the European
Union does not affect the geographical scope of the Convention implementing the Schengen Agreement of 14 June 1985 signed
in Schengen on 19 June 1990, as it is defined by Article 138, first paragraph, of that Convention.
With
reference to the Declaration on the status of churches and
non-confessional organisations, Greece recalls the Joint Declaration
on Mount Athos annexed to the Final Act of the Treaty of Accession of
Greece to the European Communities.
CONTENTS
Page
I. Text of the Treaty
Preamble
TITLE I - Common provisions .......... 152
TITLE II - Provisions amending the Treaty establishing
the European Economic Community with a view to establishing the
European
Community .......... 154
TITLE III - Provisions amending the Treaty establishing the European Coal and Steel Community .......... 154
TITLE IV - Provisions amending the Treaty establishing the European Atomic Energy Community .......... 155
TITLE V - Provisions on a common foreign and security policy .......... 155
TITLE VI - Provisions on police and judicial cooperation in criminal matters .......... 162
TITLE VII - Provisions on closer cooperation .......... 169
TITLE VIII - Final provisions .......... 170
II. PROTOCOLS (text not reproduced)
Note: The references to Treaty articles, titles and sections contained in the protocols are adapted in accordance with the
tables of equivalence set out in the Annex to the Treaty of Amsterdam.
Protocol annexed to the Treaty on European Union:
- Protocol (No 1) on Article 17 of the Treaty on European Union (1997)
Protocols annexed to the Treaty on European Union and to the Treaty establishing the European Community:
- Protocol (No 2) integrating the Schengen acquis into the framework of the European Union (1997)
- Protocol (No 3) on the application of certain aspects of
Article 14 of the Treaty establishing the European Community to the
United Kingdom
and to Ireland (1997)
- Protocol (No 4) on the position of the United Kingdom and Ireland (1997)
- Protocol (No 5) on the position of Denmark (1997)
Protocols annexed to the Treaty on European Union and to the Treaties establishing the European Community, the European Coal
and Steel Community and the European Atomic Energy Community:
- Protocol (No 6) annexed to the Treaty on European Union and to the Treaties establishing the European Communities (1992)
- Protocol (No 7) on the institutions with the prospect of enlargement of the European Union (1997)
- Protocol (No 8) on the location of the seats of the
institutions and of certain bodies and departments of the European
Communities and
of Europol (1997)
- Protocol (No 9) on the role of national parliaments in the European Union (1997)
HIS MAJESTY THE KING OF THE BELGIANS, HER MAJESTY THE QUEEN OF DENMARK, THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY,
THE PRESIDENT OF THE HELLENIC REPUBLIC, HIS MAJESTY THE KING OF SPAIN, THE PRESIDENT OF THE FRENCH REPUBLIC, THE PRESIDENT
OF IRELAND, THE PRESIDENT OF THE ITALIAN REPUBLIC, HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG, HER MAJESTY THE QUEEN
OF THE NETHERLANDS, THE PRESIDENT OF THE PORTUGUESE REPUBLIC, HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN
AND NORTHERN IRELAND,
RESOLVED
to mark a new stage in the process of European integration undertaken
with the establishment of the European Communities, RECALLING the historic importance of the ending of the division of the European continent and the need to create firm bases
for the construction of the future Europe,
CONFIRMING their attachment to the principles of liberty, democracy and respect for human rights and fundamental freedoms
and of the rule of law,
CONFIRMING their attachment to fundamental social rights as defined in the European Social Charter signed at Turin on 18 October
1961 and in the 1989 Community Charter of the Fundamental Social Rights of Workers,
DESIRING to deepen the solidarity between their peoples while respecting their history, their culture and their traditions,
DESIRING to enhance further the democratic and efficient functioning of the institutions so as to enable them better to carry
out, within a single institutional framework, the tasks entrusted to them,
RESOLVED to achieve the strengthening and the convergence of their economies and to establish an economic and monetary union
including, in accordance with the provisions of this Treaty, a single and stable currency,
DETERMINED
to promote economic and social progress for their peoples, taking into
account the principle of sustainable development and within the context
of the accomplishment of the internal market and of reinforced cohesion
and environmental protection, and to implement policies ensuring that
advances in economic integration are accompanied by parallel progress
in other fields, RESOLVED to establish a citizenship common to nationals of their countries,
RESOLVED to implement a common foreign and security policy including the progressive framing of a common defence policy, which
might lead to a common defence in accordance with the provisions of Article 17, thereby reinforcing the European identity
and its independence in order to promote peace, security and progress in Europe and in the world,
RESOLVED to facilitate the free movement of persons, while ensuring the safety and security of their peoples, by establishing
an area of freedom, security and justice, in accordance with the provisions of this Treaty,
RESOLVED to continue the process of creating an ever closer union among the peoples of Europe, in which decisions are taken
as closely as possible to the citizen in accordance with the principle of subsidiarity,
IN VIEW of further steps to be taken in order to advance European integration,
HAVE DECIDED to establish a European Union and to this end have designated as their Plenipotentiaries:
HIS MAJESTY THE KING OF THE BELGIANS:
Mark EYSKENS, Minister for Foreign Affairs,
Philippe MAYSTADT, Minister for Finance;
HER MAJESTY THE QUEEN OF DENMARK:
Uffe ELLEMANN-JENSEN, Minister for Foreign Affairs,
Anders FOGH RASMUSSEN, Minister for Economic Affairs;
THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY:
Hans-Dietrich GENSCHER, Federal Minister for Foreign Affairs,
Theodor WAIGEL, Federal Minister for Finance;
THE PRESIDENT OF THE HELLENIC REPUBLIC:
Antonios SAMARAS, Minister for Foreign Affairs,
Efthymios CHRISTODOULOU, Minister for Economic Affairs;
HIS MAJESTY THE KING OF SPAIN:
Francisco FERNÁNDEZ ORDÓÑEZ, Minister for Foreign Affairs,
Carlos SOLCHAGA CATALÁN, Minister for Economic Affairs and Finance;
THE PRESIDENT OF THE FRENCH REPUBLIC:
Roland DUMAS, Minister for Foreign Affairs,
Pierre BÉRÉGOVOY, Minister for Economic and Financial Affairs and the Budget;
THE PRESIDENT OF IRELAND:
Gerard COLLINS, Minister for Foreign Affairs,
Bertie AHERN, Minister for Finance;
THE PRESIDENT OF THE ITALIAN REPUBLIC:
Gianni DE MICHELIS, Minister for Foreign Affairs,
Guido CARLI, Minister for the Treasury;
HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG:
Jacques F. POOS, Deputy Prime Minister, Minister for Foreign Affairs,
Jean-Claude JUNCKER, Minister for Finance;
HER MAJESTY THE QUEEN OF THE NETHERLANDS:
Hans VAN DEN BROEK, Minister for Foreign Affairs,
Willem KOK, Minister for Finance;
THE PRESIDENT OF THE PORTUGUESE REPUBLIC:
João de Deus PINHEIRO, Minister for Foreign Affairs,
Jorge BRAGA DE MACEDO, Minister for Finance;
HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND:
The Rt. Hon. Douglas HURD, Secretary of State for Foreign and Commonwealth Affairs,
The Hon. Francis MAUDE, Financial Secretary to the Treasury;
WHO, having exchanged their full powers, found in good and due form, have agreed as follows.
TITLE I
COMMON PROVISIONS
By this Treaty, the HIGH CONTRACTING PARTIES establish among themselves a EUROPEAN UNION, hereinafter called ‘the Union’.
This Treaty marks a new stage in the process of creating an ever closer union among the peoples of Europe, in which decisions
are taken as openly as possible and as closely as possible to the citizen.
The Union shall be founded on the European Communities, supplemented by the policies and forms of cooperation established
by this Treaty. Its task shall be to organise, in a manner demonstrating consistency and solidarity, relations between the
Member States and between their peoples.
The Union shall set itself the following objectives:
-
to promote economic and social progress and a high level of employment
and to achieve balanced and sustainable development, in particular
through the creation of an area without internal frontiers, through the
strengthening of economic and social cohesion and through the
establishment of economic and monetary union, ultimately including a
single currency in accordance with the provisions of this Treaty; - to assert its identity on the international scene, in
particular through the implementation of a common foreign and security
policy including the progressive framing of a common defence policy,
which might lead to a common defence, in accordance with the provisions
of Article 17; - to strengthen the protection of the rights and interests of the nationals of its Member States through the introduction
of a citizenship of the Union;
-
to maintain and develop the Union as an area of freedom, security and
justice, in which the free movement of persons is assured in
conjunction with appropriate measures with respect to external border
controls, asylum, immigration and the prevention and combating of
crime; - to maintain in full the acquis communautaire and build
on it with a view to considering to what extent the policies and forms
of cooperation introduced by this Treaty may need to be revised with
the aim of ensuring the effectiveness of the mechanisms and the
institutions of the Community. The objectives of the Union shall be achieved as
provided in this Treaty and in accordance with the conditions and the
timetable set out therein while respecting the principle of
subsidiarity as defined in Article 5 of the Treaty establishing the
European Community.
The Union shall be served by a single institutional framework which shall ensure the consistency and the continuity of the
activities carried out in order to attain its objectives while respecting and building upon the acquis communautaire.
The
Union shall in particular ensure the consistency of its external
activities as a whole in the context of its external relations,
security, economic and development policies. The Council and the
Commission shall be responsible for ensuring such consistency and shall
cooperate to this end. They shall ensure the implementation of these
policies, each in accordance with its respective powers.
The
European Council shall provide the Union with the necessary impetus for
its development and shall define the general political guidelines
thereof. The European Council shall bring together the Heads of
State or Government of the Member States and the President of the
Commission. They shall be assisted by the Ministers for Foreign Affairs
of the Member States and by a Member of the Commission. The European
Council shall meet at least twice a year, under the chairmanship of the
Head of State or Government of the Member State which holds the
Presidency of the Council. The European Council shall submit to the European Parliament a report after each of its meetings and a yearly written report
on the progress achieved by the Union.
The
European Parliament, the Council, the Commission, the Court of Justice
and the Court of Auditors shall exercise their powers under the
conditions and for the purposes provided for, on the one hand, by the
provisions of the Treaties establishing the European Communities and of
the subsequent Treaties and Acts modifying and supplementing them and,
on the other hand, by the other provisions of this Treaty.
1. The Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the
rule of law, principles which are common to the Member States.
2. The Union shall respect fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights
and Fundamental Freedoms signed in Rome on 4 November 1950 and as they result from the constitutional traditions common to
the Member States, as general principles of Community law.
3. The Union shall respect the national identities of its Member States.
4. The Union shall provide itself with the means necessary to attain its objectives and carry through its policies.
Article 7 (ex Article F.1)
1. The
Council, meeting in the composition of the Heads of State or Government
and acting by unanimity on a proposal by one third of the Member States
or by the Commission and after obtaining the assent of the European
Parliament, may determine the existence of a serious and persistent
breach by a Member State of principles mentioned in Article 6(1), after
inviting the government of the Member State in question to submit its
observations. 2. Where such a determination has been made, the
Council, acting by a qualified majority, may decide to suspend certain
of the rights deriving from the application of this Treaty to the
Member State in question, including the voting rights of the
representative of the government of that Member State in the Council.
In doing so, the Council shall take into account the possible
consequences of such a suspension on the rights and obligations of
natural and legal persons. The obligations of the Member State in question under this Treaty shall in any case continue to be binding on that State.
3. The Council, acting by a qualified majority, may decide subsequently to vary or revoke measures taken under paragraph 2
in response to changes in the situation which led to their being imposed.
4. For
the purposes of this Article, the Council shall act without taking into
account the vote of the representative of the government of the Member
State in question. Abstentions by members present in person or
represented shall not prevent the adoption of decisions referred to in
paragraph 1. A qualified majority shall be defined as the same
proportion of the weighted votes of the members of the Council
concerned as laid down in Article 205(2) of the Treaty establishing the
European Community. This paragraph shall also apply in the event of voting rights being suspended pursuant to paragraph 2.
5. For
the purposes of this Article, the European Parliament shall act by a
two-thirds majority of the votes cast, representing a majority of its
members.
TITLE II
PROVISIONS AMENDING THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY WITH A VIEW TO ESTABLISHING THE EUROPEAN COMMUNITY
(not reproduced)
TITLE III
PROVISIONS AMENDING THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY
(not reproduced)
TITLE IV
PROVISIONS AMENDING THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY
Article 10 (ex Article I)
(not reproduced)
TITLE V
PROVISIONS ON A COMMON FOREIGN AND SECURITY POLICY
Article 11 (ex Article J.1)
1. The
Union shall define and implement a common foreign and security policy
covering all areas of foreign and security policy, the objectives of
which shall be: - to safeguard the common values, fundamental interests,
independence and integrity of the Union in conformity with the
principles of the United Nations Charter; - to strengthen the security of the Union in all ways;
-
to preserve peace and strengthen international security, in accordance
with the principles of the United Nations Charter, as well as the
principles of the Helsinki Final Act and the objectives of the Paris
Charter, including those on external borders; - to promote international cooperation;
- to develop and consolidate democracy and the rule of law, and respect for human rights and fundamental freedoms.
2. The
Member States shall support the Union's external and security policy
actively and unreservedly in a spirit of loyalty and mutual solidarity.
The Member States shall work together to enhance and
develop their mutual political solidarity. They shall refrain from any
action which is contrary to the interests of the Union or likely to
impair its effectiveness as a cohesive force in international
relations. The Council shall ensure that these principles are complied with.
Article 12 (ex Article J.2)
The Union shall pursue the objectives set out in Article 11 by:
- defining the principles of and general guidelines for the common foreign and security policy;
- deciding on common strategies;
- adopting joint actions;
- adopting common positions;
- strengthening systematic cooperation between Member States in the conduct of policy.
Article 13 (ex Article J.3)
1. The European Council shall define the principles of and general guidelines for the common foreign and security policy,
including for matters with defence implications.
2. The European Council shall decide on common strategies to be implemented by the Union in areas where the Member States
have important interests in common.
Common strategies shall set out their objectives, duration and the means to be made available by the Union and the Member
States.
3. The Council shall take the decisions necessary for defining and implementing the common foreign and security policy on
the basis of the general guidelines defined by the European Council.
The Council shall recommend common strategies to the European Council and shall implement them, in particular by adopting
joint actions and common positions.
The Council shall ensure the unity, consistency and effectiveness of action by the Union.
Article 14 (ex Article J.4)
1. The Council shall adopt joint actions. Joint actions shall address specific situations where operational action by the
Union is deemed to be required. They shall lay down their objectives, scope, the means to be made available to the Union,
if necessary their duration, and the conditions for their implementation.
2. If
there is a change in circumstances having a substantial effect on a
question subject to joint action, the Council shall review the
principles and objectives of that action and take the necessary
decisions. As long as the Council has not acted, the joint action shall
stand. 3. Joint actions shall commit the Member States in the positions they adopt and in the conduct of their activity.
4. The
Council may request the Commission to submit to it any appropriate
proposals relating to the common foreign and security policy to ensure
the implementation of a joint action. 5. Whenever there is any plan to adopt a national
position or take national action pursuant to a joint action,
information shall be provided in time to allow, if necessary, for prior
consultations within the Council. The obligation to provide prior
information shall not apply to measures which are merely a national
transposition of Council decisions. 6. In cases of imperative need arising from changes
in the situation and failing a Council decision, Member States may take
the necessary measures as a matter of urgency having regard to the
general objectives of the joint action. The Member State concerned
shall inform the Council immediately of any such measures. 7. Should there be any major difficulties in
implementing a joint action, a Member State shall refer them to the
Council which shall discuss them and seek appropriate solutions. Such
solutions shall not run counter to the objectives of the joint action
or impair its effectiveness.
Article 15 (ex Article J.5)
The
Council shall adopt common positions. Common positions shall define the
approach of the Union to a particular matter of a geographical or
thematic nature. Member States shall ensure that their national
policies conform to the common positions.
Article 16 (ex Article J.6)
Member
States shall inform and consult one another within the Council on any
matter of foreign and security policy of general interest in order to
ensure that the Union's influence is exerted as effectively as possible
by means of concerted and convergent action.
Article 17 (ex Article J.7)
1. The
common foreign and security policy shall include all questions relating
to the security of the Union, including the progressive framing of a
common defence policy, in accordance with the second subparagraph,
which might lead to a common defence, should the European Council so
decide. It shall in that case recommend to the Member States the
adoption of such a decision in accordance with their respective
constitutional requirements. The Western European Union (WEU) is an integral part of
the development of the Union providing the Union with access to an
operational capability notably in the context of paragraph 2. It
supports the Union in framing the defence aspects of the common foreign
and security policy as set out in this Article. The Union shall
accordingly foster closer institutional relations with the WEU with a
view to the possibility of the integration of the WEU into the Union,
should the European Council so decide. It shall in that case recommend
to the Member States the adoption of such a decision in accordance with
their respective constitutional requirements. The policy of the Union in accordance with this Article
shall not prejudice the specific character of the security and defence
policy of certain Member States and shall respect the obligations of
certain Member States, which see their common defence realised in the
North Atlantic Treaty Organisation (NATO), under the North Atlantic
Treaty and be compatible with the common security and defence policy
established within that framework. The progressive framing of a common defence policy will be supported, as Member States consider appropriate, by cooperation
between them in the field of armaments.
2. Questions
referred to in this Article shall include humanitarian and rescue
tasks, peacekeeping tasks and tasks of combat forces in crisis
management, including peacemaking. 3. The Union will avail itself of the WEU to elaborate and implement decisions and actions of the Union which have defence
implications.
The competence of the European Council to establish guidelines in accordance with Article 13 shall also obtain in respect
of the WEU for those matters for which the Union avails itself of the WEU.
When
the Union avails itself of the WEU to elaborate and implement decisions
of the Union on the tasks referred to in paragraph 2 all Member States
of the Union shall be entitled to participate fully in the tasks in
question. The Council, in agreement with the institutions of the WEU,
shall adopt the necessary practical arrangements to allow all Member
States contributing to the tasks in question to participate fully and
on an equal footing in planning and decision-taking in the WEU. Decisions having defence implications dealt with under this paragraph shall be taken without prejudice to the policies and
obligations referred to in paragraph 1, third subparagraph.
4. The
provisions of this Article shall not prevent the development of closer
cooperation between two or more Member States on a bilateral level, in
the framework of the WEU and the Atlantic Alliance, provided such
cooperation does not run counter to or impede that provided for in this
Title. 5. With a view to furthering the objectives of this Article, the provisions of this Article will be reviewed in accordance
with Article 48.
Article 18 (ex Article J.8)
1. The Presidency shall represent the Union in matters coming within the common foreign and security policy.
2. The
Presidency shall be responsible for the implementation of decisions
taken under this Title; in that capacity it shall in principle express
the position of the Union in international organisations and
international conferences. 3. The Presidency shall be assisted by the
Secretary-General of the Council who shall exercise the function of
High Representative for the common foreign and security policy. 4. The Commission shall be fully associated in the
tasks referred to in paragraphs 1 and 2. The Presidency shall be
assisted in those tasks if need be by the next Member State to hold the
Presidency. 5. The Council may, whenever it deems it necessary,
appoint a special representative with a mandate in relation to
particular policy issues.
Article 19 (ex Article J.9)
1. Member States shall coordinate their action in international organisations and at international conferences. They shall
uphold the common positions in such fora.
In international organisations and at international conferences where not all the Member States participate, those which do
take part shall uphold the common positions.
2. Without
prejudice to paragraph 1 and Article 14(3), Member States represented
in international organisations or international conferences where not
all the Member States participate shall keep the latter informed of any
matter of common interest. Member States which are also members of the United
Nations Security Council will concert and keep the other Member States
fully informed. Member States which are permanent members of the
Security Council will, in the execution of their functions, ensure the
defence of the positions and the interests of the Union, without
prejudice to their responsibilities under the provisions of the United
Nations Charter.
Article 20 (ex Article J.10)
The
diplomatic and consular missions of the Member States and the
Commission Delegations in third countries and international
conferences, and their representations to international organisations,
shall cooperate in ensuring that the common positions and joint actions
adopted by the Council are complied with and implemented. They shall step up cooperation by exchanging information, carrying out joint assessments and contributing to the implementation
of the provisions referred to in Article 20 of the Treaty establishing the European Community.
Article 21 (ex Article J.11)
The
Presidency shall consult the European Parliament on the main aspects
and the basic choices of the common foreign and security policy and
shall ensure that the views of the European Parliament are duly taken
into consideration. The European Parliament shall be kept regularly
informed by the Presidency and the Commission of the development of the
Union's foreign and security policy. The European Parliament may ask questions of the Council or make recommendations to it. It shall hold an annual debate on
progress in implementing the common foreign and security policy.
Article 22 (ex Article J.12)
1. Any
Member State or the Commission may refer to the Council any question
relating to the common foreign and security policy and may submit
proposals to the Council. 2. In cases requiring a rapid decision, the
Presidency, of its own motion, or at the request of the Commission or a
Member State, shall convene an extraordinary Council meeting within
forty-eight hours or, in an emergency, within a shorter period.
Article 23 (ex Article J.13)
1. Decisions under this Title shall be taken by the Council acting unanimously. Abstentions by members present in person or
represented shall not prevent the adoption of such decisions.
When
abstaining in a vote, any member of the Council may qualify its
abstention by making a formal declaration under the present
subparagraph. In that case, it shall not be obliged to apply the
decision, but shall accept that the decision commits the Union. In a
spirit of mutual solidarity, the Member State concerned shall refrain
from any action likely to conflict with or impede Union action based on
that decision and the other Member States shall respect its position.
If the members of the Council qualifying their abstention in this way
represent more than one third of the votes weighted in accordance with
Article 205(2) of the Treaty establishing the European Community, the
decision shall not be adopted. 2. By derogation from the provisions of paragraph 1, the Council shall act by qualified majority:
- when adopting joint actions, common positions or taking any other decision on the basis of a common strategy;
- when adopting any decision implementing a joint action or a common position.
If
a member of the Council declares that, for important and stated reasons
of national policy, it intends to oppose the adoption of a decision to
be taken by qualified majority, a vote shall not be taken. The Council
may, acting by a qualified majority, request that the matter be
referred to the European Council for decision by unanimity. The votes of the members of the Council shall be weighted in accordance with Article 205(2) of the Treaty establishing the
European Community. For their adoption, decisions shall require at least 62 votes in favour, cast by at least 10 members.
This paragraph shall not apply to decisions having military or defence implications.
3. For procedural questions, the Council shall act by a majority of its members.
Article 24 (ex Article J.14)
When
it is necessary to conclude an agreement with one or more States or
international organisations in implementation of this Title, the
Council, acting unanimously, may authorise the Presidency, assisted by
the Commission as appropriate, to open negotiations to that effect.
Such agreements shall be concluded by the Council acting unanimously on
a recommendation from the Presidency. No agreement shall be binding on
a Member State whose representative in the Council states that it has
to comply with the requirements of its own constitutional procedure;
the other members of the Council may agree that the agreement shall
apply provisionally to them. The provisions of this Article shall also apply to matters falling under Title VI.
Article 25 (ex Article J.15)
Without
prejudice to Article 207 of the Treaty establishing the European
Community, a Political Committee shall monitor the international
situation in the areas covered by the common foreign and security
policy and contribute to the definition of policies by delivering
opinions to the Council at the request of the Council or on its own
initiative. It shall also monitor the implementation of agreed
policies, without prejudice to the responsibility of the Presidency and
the Commission.
Article 26 (ex Article J.16)
The
Secretary-General of the Council, High Representative for the common
foreign and security policy, shall assist the Council in matters coming
within the scope of the common foreign and security policy, in
particular through contributing to the formulation, preparation and
implementation of policy decisions, and, when appropriate and acting on
behalf of the Council at the request of the Presidency, through
conducting political dialogue with third parties.
Article 27 (ex Article J.17)
The Commission shall be fully associated with the work carried out in the common foreign and security policy field.
Article 28 (ex Article J.18)
1. Articles
189, 190, 196 to 199, 203, 204, 206 to 209, 213 to 219, 255 and 290 of
the Treaty establishing the European Community shall apply to the
provisions relating to the areas referred to in this Title. 2. Administrative expenditure which the provisions
relating to the areas referred to in this Title entail for the
institutions shall be charged to the budget of the European
Communities. 3. Operational expenditure to which the
implementation of those provisions gives rise shall also be charged to
the budget of the European Communities, except for such expenditure
arising from operations having military or defence implications and
cases where the Council acting unanimously decides otherwise. In cases where expenditure is not charged to the budget
of the European Communities it shall be charged to the Member States in
accordance with the gross national product scale, unless the Council
acting unanimously decides otherwise. As for expenditure arising from
operations having military or defence implications, Member States whose
representatives in the Council have made a formal declaration under
Article 23(1), second subparagraph, shall not be obliged to contribute
to the financing thereof. 4. The budgetary procedure laid down in the Treaty
establishing the European Community shall apply to the expenditure
charged to the budget of the European Communities.
TITLE VI
PROVISIONS ON POLICE AND JUDICIAL COOPERATION IN CRIMINAL MATTERS
Article 29 (ex Article K.1)
Without prejudice to the powers of the European Community, the Union's objective shall be to provide citizens with a high
level of safety within an area of freedom, security and justice by developing common action among the Member States in the
fields of police and judicial cooperation in criminal matters and by preventing and combating racism and xenophobia.
That
objective shall be achieved by preventing and combating crime,
organised or otherwise, in particular terrorism, trafficking in persons
and offences against children, illicit drug trafficking and illicit
arms trafficking, corruption and fraud, through: - closer cooperation between police forces, customs authorities and other competent authorities in the Member States, both
directly and through the European Police Office (Europol), in accordance with the provisions of Articles 30 and 32;
- closer cooperation between judicial and other competent authorities of the Member States in accordance with the provisions
of Articles 31(a) to (d) and 32;
- approximation, where necessary, of rules on criminal matters in the Member States, in accordance with the provisions of
Article 31(e).
Article 30 (ex Article K.2)
1. Common action in the field of police cooperation shall include:
(a)
operational cooperation between the competent authorities, including
the police, customs and other specialised law enforcement services of
the Member States in relation to the prevention, detection and
investigation of criminal offences; (b) the collection, storage, processing, analysis and
exchange of relevant information, including information held by law
enforcement services on reports on suspicious financial transactions,
in particular through Europol, subject to appropriate provisions on the
protection of personal data; (c) cooperation and joint initiatives in training, the exchange of liaison officers, secondments, the use of equipment, and
forensic research;
(d) the common evaluation of particular investigative techniques in relation to the detection of serious forms of organised
crime.
2. The Council shall promote cooperation through Europol and shall in particular, within a period of five years after the
date of entry into force of the Treaty of Amsterdam:
(a)
enable Europol to facilitate and support the preparation, and to
encourage the coordination and carrying out, of specific investigative
actions by the competent authorities of the Member States, including
operational actions of joint teams comprising representatives of
Europol in a support capacity; (b) adopt measures allowing Europol to ask the competent
authorities of the Member States to conduct and coordinate their
investigations in specific cases and to develop specific expertise
which may be put at the disposal of Member States to assist them in
investigating cases of organised crime; (c) promote liaison arrangements between prosecuting/investigating officials specialising in the fight against organised crime
in close cooperation with Europol;
(d) establish a research, documentation and statistical network on cross-border crime.
Article 31 (ex Article K.3)
Common action on judicial cooperation in criminal matters shall include:
(a) facilitating and accelerating cooperation between competent ministries and judicial or equivalent authorities of the Member
States in relation to proceedings and the enforcement of decisions;
(b) facilitating extradition between Member States;
(c) ensuring compatibility in rules applicable in the Member States, as may be necessary to improve such cooperation;
(d) preventing conflicts of jurisdiction between Member States;
(e) progressively adopting measures establishing minimum rules relating to the constituent elements of criminal acts and to
penalties in the fields of organised crime, terrorism and illicit drug trafficking.
Article 32 (ex Article K.4)
The
Council shall lay down the conditions and limitations under which the
competent authorities referred to in Articles 30 and 31 may operate in
the territory of another Member State in liaison and in agreement with
the authorities of that State.
Article 33 (ex Article K.5)
This Title shall not affect the exercise of the responsibilities incumbent upon Member States with regard to the maintenance
of law and order and the safeguarding of internal security.
Article 34 (ex Article K.6)
1. In
the areas referred to in this Title, Member States shall inform and
consult one another within the Council with a view to coordinating
their action. To that end, they shall establish collaboration between
the relevant departments of their administrations. 2. The Council shall take measures and promote
cooperation, using the appropriate form and procedures as set out in
this Title, contributing to the pursuit of the objectives of the Union.
To that end, acting unanimously on the initiative of any Member State
or of the Commission, the Council may: (a) adopt common positions defining the approach of the Union to a particular matter;
(b)
adopt framework decisions for the purpose of approximation of the laws
and regulations of the Member States. Framework decisions shall be
binding upon the Member States as to the result to be achieved but
shall leave to the national authorities the choice of form and methods.
They shall not entail direct effect; (c) adopt decisions for any other purpose consistent
with the objectives of this Title, excluding any approximation of the
laws and regulations of the Member States. These decisions shall be
binding and shall not entail direct effect; the Council, acting by a
qualified majority, shall adopt measures necessary to implement those
decisions at the level of the Union; (d) establish conventions which it shall recommend to
the Member States for adoption in accordance with their respective
constitutional requirements. Member States shall begin the procedures
applicable within a time limit to be set by the Council. Unless they provide otherwise, conventions shall, once adopted by at least half of the Member States, enter into force for
those Member States. Measures implementing conventions shall be adopted within the Council by a majority of two-thirds of
the Contracting Parties.
3. Where the Council is required to act by a qualified majority, the votes of its members shall be weighted as laid down in
Article 205(2) of the Treaty establishing the European Community, and for their adoption acts of the Council shall require
at least 62 votes in favour, cast by at least 10 members.
4. For procedural questions, the Council shall act by a majority of its members.
Article 35 (ex Article K.7)
1. The
Court of Justice of the European Communities shall have jurisdiction,
subject to the conditions laid down in this Article, to give
preliminary rulings on the validity and interpretation of framework
decisions and decisions, on the interpretation of conventions
established under this Title and on the validity and interpretation of
the measures implementing them. 2. By a declaration made at the time of signature
of the Treaty of Amsterdam or at any time thereafter, any Member State
shall be able to accept the jurisdiction of the Court of Justice to
give preliminary rulings as specified in paragraph 1. 3. A Member State making a declaration pursuant to paragraph 2 shall specify that either:
(a)
any court or tribunal of that State against whose decisions there is no
judicial remedy under national law may request the Court of Justice to
give a preliminary ruling on a question raised in a case pending before
it and concerning the validity or interpretation of an act referred to
in paragraph 1 if that court or tribunal considers that a decision on
the question is necessary to enable it to give judgment, or (b) any court or tribunal of that State may request the
Court of Justice to give a preliminary ruling on a question raised in a
case pending before it and concerning the validity or interpretation of
an act referred to in paragraph 1 if that court or tribunal considers
that a decision on the question is necessary to enable it to give
judgment. 4. Any Member State, whether or not it has made a
declaration pursuant to paragraph 2, shall be entitled to submit
statements of case or written observations to the Court in cases which
arise under paragraph 1. 5. The Court of Justice shall have no jurisdiction
to review the validity or proportionality of operations carried out by
the police or other law enforcement services of a Member State or the
exercise of the responsibilities incumbent upon Member States with
regard to the maintenance of law and order and the safeguarding of
internal security. 6. The Court of Justice shall have jurisdiction to
review the legality of framework decisions and decisions in actions
brought by a Member State or the Commission on grounds of lack of
competence, infringement of an essential procedural requirement,
infringement of this Treaty or of any rule of law relating to its
application, or misuse of powers. The proceedings provided for in this
paragraph shall be instituted within two months of the publication of
the measure. 7. The Court of Justice shall have jurisdiction to
rule on any dispute between Member States regarding the interpretation
or the application of acts adopted under Article 34(2) whenever such
dispute cannot be settled by the Council within six months of its being
referred to the Council by one of its members. The Court shall also
have jurisdiction to rule on any dispute between Member States and the
Commission regarding the interpretation or the application of
conventions established under Article 34(2)(d).
Article 36 (ex Article K.8)
1. A Coordinating Committee shall be set up consisting of senior officials. In addition to its coordinating role, it shall
be the task of the Committee to:
- give opinions for the attention of the Council, either at the Council's request or on its own initiative;
- contribute, without prejudice to Article 207 of the Treaty establishing the European Community, to the preparation of the
Council's discussions in the areas referred to in Article 29.
2. The Commission shall be fully associated with the work in the areas referred to in this Title.
Article 37 (ex Article K.9)
Within international organisations and at international conferences in which they take part, Member States shall defend the
common positions adopted under the provisions of this Title.
Articles 18 and 19 shall apply as appropriate to matters falling under this Title.
Article 38 (ex Article K.10)
Agreements referred to in Article 24 may cover matters falling under this Title.
Article 39 (ex Article K.11)
1. The Council shall consult the European Parliament before adopting any measure referred to in Article 34(2)(b), (c) and
(d). The European Parliament shall deliver its opinion within a time-limit which the Council may lay down, which shall not
be less than three months. In the absence of an opinion within that time-limit, the Council may act.
2. The Presidency and the Commission shall regularly inform the European Parliament of discussions in the areas covered by
this Title.
3. The
European Parliament may ask questions of the Council or make
recommendations to it. Each year, it shall hold a debate on the
progress made in the areas referred to in this Title.
Article 40 (ex Article K.12)
1. Member States which intend to establish closer cooperation between themselves may be authorised, subject to Articles 43
and 44, to make use of the institutions, procedures and mechanisms laid down by the Treaties provided that the cooperation
proposed:
(a) respects the powers of the European Community, and the objectives laid down by this Title;
(b) has the aim of enabling the Union to develop more rapidly into an area of freedom, security and justice.
2. The
authorisation referred to in paragraph 1 shall be granted by the
Council, acting by a qualified majority at the request of the Member
States concerned and after inviting the Commission to present its
opinion; the request shall also be forwarded to the European
Parliament. If a member of the Council declares that, for important
and stated reasons of national policy, it intends to oppose the
granting of an authorisation by qualified majority, a vote shall not be
taken. The Council may, acting by a qualified majority, request that
the matter be referred to the European Council for decision by
unanimity. The votes of the members of the Council shall be weighted in accordance with Article 205(2) of the Treaty establishing the
European Community. For their adoption, decisions shall require at least 62 votes in favour, cast by at least 10 members.
3. Any
Member State which wishes to become a party to cooperation set up in
accordance with this Article shall notify its intention to the Council
and to the Commission, which shall give an opinion to the Council
within three months of receipt of that notification, possibly
accompanied by a recommendation for such specific arrangements as it
may deem necessary for that Member State to become a party to the
cooperation in question. Within four months of the date of that
notification, the Council shall decide on the request and on such
specific arrangements as it may deem necessary. The decision shall be
deemed to be taken unless the Council, acting by a qualified majority,
decides to hold it in abeyance; in this case, the Council shall state
the reasons for its decision and set a deadline for reexamining it. For
the purposes of this paragraph, the Council shall act under the
conditions set out in Article 44. 4. The provisions of Articles 29 to 41 shall apply
to the closer cooperation provided for by this Article, save as
otherwise provided for in this Article and in Articles 43 and 44. The provisions of the Treaty establishing the European Community concerning the powers of the Court of Justice of the European
Communities and the exercise of those powers shall apply to paragraphs 1, 2 and 3.
5. This Article is without prejudice to the provisions of the Protocol integrating the Schengen acquis into the framework
of the European Union.
Article 41 (ex Article K.13)
1. Articles 189, 190, 195, 196 to 199, 203, 204, 205(3), 206 to 209, 213 to 219, 255 and 290 of the Treaty establishing the
European Community shall apply to the provisions relating to the areas referred to in this Title.
2. Administrative
expenditure which the provisions relating to the areas referred to in
this Title entail for the institutions shall be charged to the budget
of the European Communities. 3. Operational expenditure to which the
implementation of those provisions gives rise shall also be charged to
the budget of the European Communities, except where the Council acting
unanimously decides otherwise. In cases where expenditure is not
charged to the budget of the European Communities it shall be charged
to the Member States in accordance with the gross national product
scale, unless the Council acting unanimously decides otherwise. 4. The budgetary procedure laid down in the Treaty
establishing the European Community shall apply to the expenditure
charged to the budget of the European Communities.
Article 42 (ex Article K.14)
The
Council, acting unanimously on the initiative of the Commission or a
Member State, and after consulting the European Parliament, may decide
that action in areas referred to in Article 29 shall fall under Title
IV of the Treaty establishing the European Community, and at the same
time determine the relevant voting conditions relating to it. It shall
recommend the Member States to adopt that decision in accordance with
their respective constitutional requirements.
TITLE VII (ex Title VIa)
PROVISIONS ON CLOSER COOPERATION
Article 43 (ex Article K.15)
1. Member
States which intend to establish closer cooperation between themselves
may make use of the institutions, procedures and mechanisms laid down
by this Treaty and the Treaty establishing the European Community
provided that the cooperation: (a) is aimed at furthering the objectives of the Union and at protecting and serving its interests;
(b) respects the principles of the said Treaties and the single institutional framework of the Union;
(c) is only used as a last resort, where the objectives of the said Treaties could not be attained by applying the relevant
procedures laid down therein;
(d) concerns at least a majority of Member States;
(e) does not affect the ‘acquis communautaire’ and the measures adopted under the other provisions of the said Treaties;
(f) does not affect the competences, rights, obligations and interests of those Member States which do not participate therein;
(g) is open to all Member States and allows them to become parties to the cooperation at any time, provided that they comply
with the basic decision and with the decisions taken within that framework;
(h)
complies with the specific additional criteria laid down in Article 11
of the Treaty establishing the European Community and Article 40 of
this Treaty, depending on the area concerned, and is authorised by the
Council in accordance with the procedures laid down therein. 2. Member States shall apply, as far as they are
concerned, the acts and decisions adopted for the implementation of the
cooperation in which they participate. Member States not participating
in such cooperation shall not impede the implementation thereof by the
participating Member States.
Article 44 (ex Article K.16)
1. For
the purposes of the adoption of the acts and decisions necessary for
the implementation of the cooperation referred to in Article 43, the
relevant institutional provisions of this Treaty and of the Treaty
establishing the European Community shall apply. However, while all
members of the Council shall be able to take part in the deliberations,
only those representing participating Member States shall take part in
the adoption of decisions. The qualified majority shall be defined as
the same proportion of the weighted votes of the members of the Council
concerned as laid down in Article 205(2) of the Treaty establishing the
European Community. Unanimity shall be constituted by only those
Council members concerned. 2. Expenditure resulting from implementation of the
cooperation, other than administrative costs entailed for the
institutions, shall be borne by the participating Member States, unless
the Council, acting unanimously, decides otherwise.
Article 45 (ex Article K.17)
The
Council and the Commission shall regularly inform the European
Parliament of the development of closer cooperation established on the
basis of this Title.
TITLE VIII (ex Title VII)
FINAL PROVISIONS
Article 46 (ex Article L)
The
provisions of the Treaty establishing the European Community, the
Treaty establishing the European Coal and Steel Community and the
Treaty establishing the European Atomic Energy Community concerning the
powers of the Court of Justice of the European Communities and the
exercise of those powers shall apply only to the following provisions
of this Treaty: (a) provisions amending the Treaty establishing the
European Economic Community with a view to establishing the European
Community, the Treaty establishing the European Coal and Steel
Community and the Treaty establishing the European Atomic Energy
Community; (b) provisions of Title VI, under the conditions provided for by Article 35;
(c) provisions of Title VII, under the conditions provided for by Article 11 of the Treaty establishing the European Community
and Article 40 of this Treaty;
(d)
Article 6(2) with regard to action of the institutions, insofar as the
Court has jurisdiction under the Treaties establishing the European
Communities and under this Treaty; (e) Articles 46 to 53.
Article 47 (ex Article M)
Subject to the provisions amending the Treaty establishing the European Economic Community with a view to establishing the
European Community, the Treaty establishing the European Coal and Steel Community and the Treaty establishing the European
Atomic Energy Community, and to these final provisions, nothing in this Treaty shall affect the Treaties establishing the
European Communities or the subsequent Treaties and Acts modifying or supplementing them.
Article 48 (ex Article N)
The government of any Member State or the Commission may submit to the Council proposals for the amendment of the Treaties
on which the Union is founded.
If
the Council, after consulting the European Parliament and, where
appropriate, the Commission, delivers an opinion in favour of calling a
conference of representatives of the governments of the Member States,
the conference shall be convened by the President of the Council for
the purpose of determining by common accord the amendments to be made
to those Treaties. The European Central Bank shall also be consulted in
the case of institutional changes in the monetary area. The amendments shall enter into force after being
ratified by all the Member States in accordance with their respective
constitutional requirements.
Article 49 (ex Article O)
Any
European State which respects the principles set out in Article 6(1)
may apply to become a member of the Union. It shall address its
application to the Council, which shall act unanimously after
consulting the Commission and after receiving the assent of the
European Parliament, which shall act by an absolute majority of its
component members. The conditions of admission and the adjustments to the Treaties on which the Union is founded which such admission entails
shall be the subject of an agreement between the Member States and the applicant State. This agreement shall be submitted
for ratification by all the contracting States in accordance with their respective constitutional requirements.
Article 50 (ex Article P)
1. Articles
2 to 7 and 10 to 19 of the Treaty establishing a Single Council and a
Single Commission of the European Communities, signed in Brussels on 8
April 1965, are hereby repealed. 2. Article 2, Article 3(2) and Title III of the
Single European Act signed in Luxembourg on 17 February 1986 and in The
Hague on 28 February 1986 are hereby repealed.
Article 51 (ex Article Q)
This Treaty is concluded for an unlimited period.
Article 52 (ex Article R)
1. This
Treaty shall be ratified by the High Contracting Parties in accordance
with their respective constitutional requirements. The instruments of
ratification shall be deposited with the Government of the Italian
Republic. 2. This Treaty shall enter into force on 1 January
1993, provided that all the instruments of ratification have been
deposited, or, failing that, on the first day of the month following
the deposit of the instrument of ratification by the last signatory
State to take this step.
Article 53 (ex Article S)
This
Treaty, drawn up in a single original in the Danish, Dutch, English,
French, German, Greek, Irish, Italian, Portuguese and Spanish
languages, the texts in each of these languages being equally
authentic, shall be deposited in the archives of the government of the
Italian Republic, which will transmit a certified copy to each of the
governments of the other signatory States. Pursuant to the Accession Treaty of 1994, the Finnish and Swedish versions of this Treaty shall also be authentic.
In witness whereof the undersigned Plenipotentiaries have signed this Treaty.
Done at Maastricht on the seventh day of February in the year one thousand nine hundred and ninety-two.
Mark EYSKENS
Uffe ELLEMANN-JENSEN
Hans-Dietrich GENSCHER
Antonios SAMARAS
Francisco FERNÁNDEZ ORDÓÑEZ
Roland DUMAS
Gerard COLLINS
Gianni DE MICHELIS
Jacques F. POOS
Hans VAN DEN BROEK
João de Deus PINHEIRO
Douglas HURD
Philippe MAYSTADT
Anders FOGH RASMUSSEN
Theodor WAIGEL
Efthymios CHRISTODOULOU
Carlos SOLCHAGA CATALÁN
Pierre BÉRÉGOVOY
Bertie AHERN
Guido CARLI
Jean-Claude JUNCKER
Willem KOK
Jorge BRAGA DE MACEDO
Francis MAUDE
CONTENTS
Page
I - Text of the Treaty
Preamble
Part One - Principles .......... 181
Part Two - Citizenship of the Union .......... 186
Part Three - Community policies .......... 187
TITLE I - Free movement of goods .......... 187
Chapter 1 - The Customs Union .......... 188
Chapter 2 - Prohibition of quantitative restrictions between Member States .......... 189
TITLE II - Agriculture .......... 190
TITLE III - Free movement of persons, services and capital .......... 193
Chapter 1 - Workers .......... 193
Chapter 2 - Right of establishment .......... 195
Chapter 3 - Services .......... 197
Chapter 4 - Capital and payments .......... 199
TITLE IV - Visas, asylum, immigration and other policies related to free movement of persons .......... 200
TITLE V - Transport .......... 205
TITLE VI - Common rules on competition, taxation and approximation of laws .......... 208
Chapter 1 - Rules on competition .......... 208
Section 1 - Rules applying to undertakings .......... 208
Section 2 - Aids granted by States .......... 211
Chapter 2 - Tax provisions .......... 212
Chapter 3 - Approximation of laws .......... 213
TITLE VII - Economic and monetary policy .......... 215
Chapter 1 - Economic policy .......... 215
Chapter 2 - Monetary policy .......... 220
Chapter 3 - Institutional provisions .......... 224
Chapter 4 - Transitional provisions .......... 227
TITLE VIII - Employment .......... 235
TITLE IX - Common commercial policy .......... 237
TITLE X - Customs cooperation .......... 238
TITLE XI - Social policy, education, vocational training and youth .......... 239
Chapter 1 - Social provisions .......... 239
Chapter 2 - The European Social Fund .......... 243
Chapter 3 - Education, vocational training and youth .......... 244
TITLE XII - Culture .......... 245
TITLE XIII - Public health .......... 246
TITLE XIV - Consumer protection .......... 247
TITLE XV - Trans-European networks .......... 248
TITLE XVI - Industry .......... 249
TITLE XVII - Economic and social cohesion .......... 250
TITLE XVIII - Research and technological development .......... 251
TITLE XIX - Environment .......... 254
TITLE XX - Development cooperation .......... 256
Part Four - Association of the overseas countries and territories .......... 258
Part Five - Institutions of the Community .......... 260
TITLE I - Provisions governing the institutions .......... 260
Chapter 1 - The institutions .......... 260
Section 1 - The European Parliament .......... 260
Section 2 - The Council .......... 264
Section 3 - The Commission .......... 266
Section 4 - The Court of Justice .......... 269
Section 5 - The Court of Auditors .......... 276
Chapter 2 - Provisions common to several institutions .......... 278
Chapter 3 - The Economic and Social Committee .......... 282
Chapter 4 - The Committee of the Regions .......... 284
Chapter 5 - The European Investment Bank .......... 286
TITLE II - Financial provisions .......... 287
Part Six - General and final provisions .......... 293
Final provisions .......... 302
Annexes
ANNEX I - List referred to in Article 32 of the Treaty .......... 303
ANNEX II - Overseas countries and territories to which the provisions of Part Four of the Treaty apply .......... 306
II - Protocols (text not reproduced)
Note: The references to Treaty articles, titles and sections contained in the protocols are adapted in accordance with the
tables of equivalence set out in the Annex to the Treaty of Amsterdam.
Protocols annexed to the Treaty on European Union and to the Treaty establishing the European Community:
- Protocol (No 2) integrating the Schengen acquis into the framework of the European Union (1997)
- Protocol (No 3) on the application of certain aspects of
Article 14 of the Treaty establishing the European Community to the
United Kingdom
and to Ireland (1997)
- Protocol (No 4) on the position of the United Kingdom and Ireland (1997)
- Protocol (No 5) on the position of Denmark (1997)
Protocols annexed to the Treaty on European Union and to the Treaties establishing the European Community, the European Coal
and Steel Community and the European Atomic Energy Community:
- Protocol (No 6) annexed to the Treaty on European Union and to the Treaties establishing the European Communities (1992)
- Protocol (No 7) on the institutions with the prospect of enlargement of the European Union (1997)
- Protocol (No 8) on the location of the seats of the
institutions and of certain bodies and departments of the European
Communities and
of Europol (1997)
- Protocol (No 9) on the role of national parliaments in the European Union (1997)
Protocols annexed to the Treaty establishing the European Community:
- Protocol (No 10) on the Statute of the European Investment Bank (1957)
- Protocol (No 11) on the Statute of the Court of Justice of the European Community (1957)
- Protocol (No 12) on Italy (1957)
- Protocol (No 13) on goods originating in and coming from
certain countries and enjoying special treatment when imported into a
Member
State (1957)
- Protocol (No 14) concerning imports into the European
Community of petroleum products refined in the Netherlands Antilles
(1962)
- Protocol (No 15) on special arrangements for Greenland (1985)
- Protocol (No 16) on the acquisition of property in Denmark (1992)
- Protocol (No 17) concerning Article 141 of the Treaty establishing the European Community (1992)
- Protocol (No 18) on the Statute of the European System of Central Banks and of the European Central Bank (1992)
- Protocol (No 19) on the Statute of the European Monetary Institute (1992)
- Protocol (No 20) on the excessive deficit procedure (1992)
- Protocol (No 21) on the convergence criteria referred to in
Article 121 of the Treaty establishing the European Community (1992)
- Protocol (No 22) on Denmark (1992)
- Protocol (No 23) on Portugal (1992)
- Protocol (No 24) on the transition to the third stage of economic and monetary union (1992)
- Protocol (No 25) on certain provisions relating to the United Kingdom of Great Britain and Northern Ireland (1992)
- Protocol (No 26) on certain provisions relating to Denmark (1992)
- Protocol (No 27) on France (1992)
- Protocol (No 28) on economic and social cohesion (1992)
- Protocol (No 29) on asylum for nationals of Member States of the European Union (1997)
- Protocol (No 30) on the application of the principles of subsidiarity and proportionality (1997)
- Protocol (No 31) on external relations of the Member States with regard to the crossing of external borders (1997)
- Protocol (No 32) on the system of public broadcasting in the Member States (1997)
- Protocol (No 33) on protection and welfare of animals (1997)
Protocol annexed to the Treaties establishing the European Community, the European Coal and Steel Community and the European
Atomic Energy Community:
- Protocol (No 34) on the privileges and immunities of the European Communities (1965)
HIS MAJESTY THE KING OF THE BELGIANS, THE PRESIDENT OF THE FEDERAL
REPUBLIC OF GERMANY, THE PRESIDENT OF THE FRENCH REPUBLIC, THE
PRESIDENT OF THE ITALIAN REPUBLIC, HER ROYAL HIGHNESS THE GRAND DUCHESS
OF LUXEMBOURG, HER MAJESTY THE QUEEN OF THE NETHERLANDS (1),
DETERMINED to lay the foundations of an ever closer union among the peoples of Europe,
RESOLVED to ensure the economic and social progress of their countries by common action to eliminate the barriers which divide
Europe,
AFFIRMING as the essential objective of their efforts the constant improvements of the living and working conditions of their
peoples,
RECOGNISING that the removal of existing obstacles calls for concerted action in order to guarantee steady expansion, balanced
trade and fair competition,
ANXIOUS to strengthen the unity of their economies and to ensure their harmonious development by reducing the differences
existing between the various regions and the backwardness of the less-favoured regions,
DESIRING to contribute, by means of a common commercial policy, to the progressive abolition of restrictions on international
trade,
INTENDING to confirm the solidarity which binds Europe and the overseas countries and desiring to ensure the development of
their prosperity, in accordance with the principles of the Charter of the United Nations,
RESOLVED by thus pooling their resources to preserve and strengthen peace and liberty, and calling upon the other peoples
of Europe who share their ideal to join in their efforts,
DETERMINED to promote the development of the highest possible level of knowledge for their peoples through a wide access to
education and through its continuous updating,
HAVE DECIDED to create a EUROPEAN COMMUNITY and to this end have designated as their Plenipotentiaries:
HIS MAJESTY THE KING OF THE BELGIANS:
Mr Paul Henri SPAAK, Minister for Foreign Affairs,
Baron J. Ch. SNOY ET D'OPPUERS, Secretary-General of the Ministry of Economic Affairs, Head of the Belgian Delegation to the
Intergovernmental Conference;
THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY:
Dr. Konrad ADENAUER, Federal Chancellor,
Professor Dr. Walter HALLSTEIN, State Secretary of the Federal Foreign Office;
THE PRESIDENT OF THE FRENCH REPUBLIC:
Mr Christian PINEAU, Minister for Foreign Affairs,
Mr Maurice FAURE, Under-Secretary of State for Foreign Affairs;
THE PRESIDENT OF THE ITALIAN REPUBLIC:
Mr Antonio SEGNI, President of the Council of Ministers,
Professor Gaetano MARTINO, Minister for Foreign Affairs;
HER ROYAL HIGHNESS THE GRAND DUCHESS OF LUXEMBOURG:
Mr Joseph BECH, President of the Government, Minister for Foreign Affairs,
Mr Lambert SCHAUS, Ambassador, Head of the Luxembourg Delegation to the Intergovernmental Conference;
HER MAJESTY THE QUEEN OF THE NETHERLANDS:
Mr Joseph LUNS, Minister for Foreign Affairs,
Mr J. LINTHORST HOMAN, Head of the Netherlands Delegation to the Intergovernmental Conference;
WHO, having exchanged their full powers, found in good and due form, have agreed as follows.
By this Treaty, the HIGH CONTRACTING PARTIES establish among themselves a EUROPEAN COMMUNITY.
The
Community shall have as its task, by establishing a common market and
an economic and monetary union and by implementing common policies or
activities referred to in Articles 3 and 4, to promote throughout the
Community a harmonious, balanced and sustainable development of
economic activities, a high level of employment and of social
protection, equality between men and women, sustainable and
non-inflationary growth, a high degree of competitiveness and
convergence of economic performance, a high level of protection and
improvement of the quality of the environment, the raising of the
standard of living and quality of life, and economic and social
cohesion and solidarity among Member States.
1. For the purposes set out in Article 2, the activities of the Community shall include, as provided in this Treaty and in
accordance with the timetable set out therein:
(a) the prohibition, as between Member States, of customs duties and quantitative restrictions on the import and export of
goods, and of all other measures having equivalent effect;
(b) a common commercial policy;
(c) an internal market characterised by the abolition, as between Member States, of obstacles to the free movement of goods,
persons, services and capital;
(d) measures concerning the entry and movement of persons as provided for in Title IV;
(e) a common policy in the sphere of agriculture and fisheries;
(f) a common policy in the sphere of transport;
(g) a system ensuring that competition in the internal market is not distorted;
(h) the approximation of the laws of Member States to the extent required for the functioning of the common market;
(i) the promotion of coordination between employment policies of the Member States with a view to enhancing their effectiveness
by developing a coordinated strategy for employment;
(j) a policy in the social sphere comprising a European Social Fund;
(k) the strengthening of economic and social cohesion;
(l) a policy in the sphere of the environment;
(m) the strengthening of the competitiveness of Community industry;
(n) the promotion of research and technological development;
(o) encouragement for the establishment and development of trans-European networks;
(p) a contribution to the attainment of a high level of health protection;
(q) a contribution to education and training of quality and to the flowering of the cultures of the Member States;
(r) a policy in the sphere of development cooperation;
(s) the association of the overseas countries and territories in order to increase trade and promote jointly economic and
social development;
(t) a contribution to the strengthening of consumer protection;
(u) measures in the spheres of energy, civil protection and tourism.
2. In
all the activities referred to in this Article, the Community shall aim
to eliminate inequalities, and to promote equality, between men and
women.
Article 4 (ex Article 3a)
1. For
the purposes set out in Article 2, the activities of the Member States
and the Community shall include, as provided in this Treaty and in
accordance with the timetable set out therein, the adoption of an
economic policy which is based on the close coordination of Member
States' economic policies, on the internal market and on the definition
of common objectives, and conducted in accordance with the principle of
an open market economy with free competition. 2. Concurrently with the foregoing, and as provided
in this Treaty and in accordance with the timetable and the procedures
set out therein, these activities shall include the irrevocable fixing
of exchange rates leading to the introduction of a single currency, the
ECU, and the definition and conduct of a single monetary policy and
exchange-rate policy the primary objective of both of which shall be to
maintain price stability and, without prejudice to this objective, to
support the general economic policies in the Community, in accordance
with the principle of an open market economy with free competition. 3. These activities of the Member States and the Community shall entail compliance with the following guiding principles:
stable prices, sound public finances and monetary conditions and a sustainable balance of payments.
Article 5 (ex Article 3b)
The Community shall act within the limits of the powers conferred upon it by this Treaty and of the objectives assigned to
it therein.
In
areas which do not fall within its exclusive competence, the Community
shall take action, in accordance with the principle of subsidiarity,
only if and insofar as the objectives of the proposed action cannot be
sufficiently achieved by the Member States and can therefore, by reason
of the scale or effects of the proposed action, be better achieved by
the Community. Any action by the Community shall not go beyond what is necessary to achieve the objectives of this Treaty.
Article 6 (ex Article 3c)
Environmental protection requirements must be integrated into the definition and implementation of the Community policies
and activities referred to in Article 3, in particular with a view to promoting sustainable development.
1. The tasks entrusted to the Community shall be carried out by the following institutions:
- a EUROPEAN PARLIAMENT,
- a COUNCIL,
- a COMMISSION,
- a COURT OF JUSTICE,
- a COURT OF AUDITORS.
Each institution shall act within the limits of the powers conferred upon it by this Treaty.
2. The
Council and the Commission shall be assisted by an Economic and Social
Committee and a Committee of the Regions acting in an advisory
capacity.
Article 8 (ex Article 4a)
A European System of Central Banks
(hereinafter referred to as ‘ESCB’) and a European Central Bank
(hereinafter referred to as ‘ECB’) shall be established in accordance
with the procedures laid down in this Treaty; they shall act within the
limits of the powers conferred upon them by this Treaty and by the
Statute of the ESCB and of the ECB (hereinafter referred to as ‘Statute
of the ESCB’) annexed thereto.
Article 9 (ex Article 4b)
A European Investment Bank is hereby established, which shall act within the limits of the powers conferred upon it by this
Treaty and the Statute annexed thereto.
Article 10 (ex Article 5)
Member States shall take all appropriate measures, whether general or particular, to ensure fulfilment of the obligations
arising out of this Treaty or resulting from action taken by the institutions of the Community. They shall facilitate the
achievement of the Community's tasks.
They shall abstain from any measure which could jeopardise the attainment of the objectives of this Treaty.
Article 11 (ex Article 5a)
1. Member
States which intend to establish closer cooperation between themselves
may be authorised, subject to Articles 43 and 44 of the Treaty on
European Union, to make use of the institutions, procedures and
mechanisms laid down by this Treaty, provided that the cooperation
proposed: (a) does not concern areas which fall within the exclusive competence of the Community;
(b) does not affect Community policies, actions or programmes;
(c) does not concern the citizenship of the Union or discriminate between nationals of Member States;
(d) remains within the limits of the powers conferred upon the Community by this Treaty; and
(e) does not constitute a discrimination or a restriction of trade between Member States and does not distort the conditions
of competition between the latter.
2. The
authorisation referred to in paragraph 1 shall be granted by the
Council, acting by a qualified majority on a proposal from the
Commission and after consulting the European Parliament. If a member of the Council declares that, for important
and stated reasons of national policy, it intends to oppose the
granting of an authorisation by qualified majority, a vote shall not be
taken. The Council may, acting by a qualified majority, request that
the matter be referred to the Council, meeting in the composition of
the Heads of State or Government, for decision by unanimity. Member States which intend to establish closer
cooperation as referred to in paragraph 1 may address a request to the
Commission, which may submit a proposal to the Council to that effect.
In the event of the Commission not submitting a proposal, it shall
inform the Member States concerned of the reasons for not doing so. 3. Any Member State which wishes to become a party
to cooperation set up in accordance with this Article shall notify its
intention to the Council and to the Commission, which shall give an
opinion to the Council within three months of receipt of that
notification. Within four months of the date of that notification, the
Commission shall decide on it and on such specific arrangements as it
may deem necessary. 4. The acts and decisions necessary for the
implementation of cooperation activities shall be subject to all the
relevant provisions of this Treaty, save as otherwise provided for in
this Article and in Articles 43 and 44 of the Treaty on European Union.
5. This Article is without prejudice to the provisions of the Protocol integrating the Schengen acquis into the framework
of the European Union.
Article 12 (ex Article 6)
Within
the scope of application of this Treaty, and without prejudice to any
special provisions contained therein, any discrimination on grounds of
nationality shall be prohibited. The Council, acting in accordance with the procedure referred to in Article 251, may adopt rules designed to prohibit such
discrimination.
Article 13 (ex Article 6a)
Without
prejudice to the other provisions of this Treaty and within the limits
of the powers conferred by it upon the Community, the Council, acting
unanimously on a proposal from the Commission and after consulting the
European Parliament, may take appropriate action to combat
discrimination based on sex, racial or ethnic origin, religion or
belief, disability, age or sexual orientation.
Article 14 (ex Article 7a)
1. The
Community shall adopt measures with the aim of progressively
establishing the internal market over a period expiring on 31 December
1992, in accordance with the provisions of this Article and of Articles
15, 26, 47(2), 49, 80, 93 and 95 and without prejudice to the other
provisions of this Treaty. 2. The internal market shall comprise an area
without internal frontiers in which the free movement of goods,
persons, services and capital is ensured in accordance with the
provisions of this Treaty. 3. The Council, acting by a qualified majority on a
proposal from the Commission, shall determine the guidelines and
conditions necessary to ensure balanced progress in all the sectors
concerned.
Article 15 (ex Article 7c)
When drawing up its proposals with a view to achieving the objectives set out in Article 14, the Commission shall take into
account the extent of the effort that certain economies showing differences in development will have to sustain during the
period of establishment of the internal market and it may propose appropriate provisions.
If
these provisions take the form of derogations, they must be of a
temporary nature and must cause the least possible disturbance to the
functioning of the common market.
Article 16 (ex Article 7d)
Without
prejudice to Articles 73, 86 and 87, and given the place occupied by
services of general economic interest in the shared values of the Union
as well as their role in promoting social and territorial cohesion, the
Community and the Member States, each within their respective powers
and within the scope of application of this Treaty, shall take care
that such services operate on the basis of principles and conditions
which enable them to fulfil their missions.
PART TWO
CITIZENSHIP OF THE UNION
Article 17 (ex Article 8)
1. Citizenship
of the Union is hereby established. Every person holding the
nationality of a Member State shall be a citizen of the Union.
Citizenship of the Union shall complement and not replace national
citizenship. 2. Citizens of the Union shall enjoy the rights
conferred by this Treaty and shall be subject to the duties imposed
thereby.
Article 18 (ex Article 8a)
1. Every
citizen of the Union shall have the right to move and reside freely
within the territory of the Member States, subject to the limitations
and conditions laid down in this Treaty and by the measures adopted to
give it effect. 2. The Council may adopt provisions with a view to
facilitating the exercise of the rights referred to in paragraph 1;
save as otherwise provided in this Treaty, the Council shall act in
accordance with the procedure referred to in Article 251. The Council
shall act unanimously throughout this procedure.
Article 19 (ex Article 8b)
1. Every
citizen of the Union residing in a Member State of which he is not a
national shall have the right to vote and to stand as a candidate at
municipal elections in the Member State in which he resides, under the
same conditions as nationals of that State. This right shall be
exercised subject to detailed arrangements adopted by the Council,
acting unanimously on a proposal from the Commission and after
consulting the European Parliament; these arrangements may provide for
derogations where warranted by problems specific to a Member State. 2. Without prejudice to Article 190(4) and to the
provisions adopted for its implementation, every citizen of the Union
residing in a Member State of which he is not a national shall have the
right to vote and to stand as a candidate in elections to the European
Parliament in the Member State in which he resides, under the same
conditions as nationals of that State. This right shall be exercised
subject to detailed arrangements adopted by the Council, acting
unanimously on a proposal from the Commission and after consulting the
European Parliament; these arrangements may provide for derogations
where warranted by problems specific to a Member State.
Article 20 (ex Article 8c)
Every
citizen of the Union shall, in the territory of a third country in
which the Member State of which he is a national is not represented, be
entitled to protection by the diplomatic or consular authorities of any
Member State, on the same conditions as the nationals of that State.
Member States shall establish the necessary rules among themselves and
start the international negotiations required to secure this
protection.
Article 21 (ex Article 8d)
Every citizen of the Union shall have the right to petition the European Parliament in accordance with Article 194.
Every citizen of the Union may apply to the Ombudsman established in accordance with Article 195.
Every citizen of the Union may write to any of the institutions or bodies referred to in this Article or in Article 7 in one
of the languages mentioned in Article 314 and have an answer in the same language.
Article 22 (ex Article 8e)
The Commission shall report to the European Parliament, to the Council and to the Economic and Social Committee every three
years on the application of the provisions of this Part. This report shall take account of the development of the Union.
On
this basis, and without prejudice to the other provisions of this
Treaty, the Council, acting unanimously on a proposal from the
Commission and after consulting the European Parliament, may adopt
provisions to strengthen or to add to the rights laid down in this
Part, which it shall recommend to the Member States for adoption in
accordance with their respective constitutional requirements.
PART THREE
COMMUNITY POLICIES
TITLE I
FREE MOVEMENT OF GOODS
Article 23 (ex Article 9)
1. The
Community shall be based upon a customs union which shall cover all
trade in goods and which shall involve the prohibition between Member
States of customs duties on imports and exports and of all charges
having equivalent effect, and the adoption of a common customs tariff
in their relations with third countries. 2. The provisions of Article 25 and of Chapter 2 of this Title shall apply to products originating in Member States and to
products coming from third countries which are in free circulation in Member States.
Article 24 (ex Article 10)
Products
coming from a third country shall be considered to be in free
circulation in a Member State if the import formalities have been
complied with and any customs duties or charges having equivalent
effect which are payable have been levied in that Member State, and if
they have not benefited from a total or partial drawback of such duties
or charges.
Chapter 1
The customs union
Article 25 (ex Article 12)
Customs duties on imports and exports and charges having equivalent effect shall be prohibited between Member States. This
prohibition shall also apply to customs duties of a fiscal nature.
Article 26 (ex Article 28)
Common Customs Tariff duties shall be fixed by the Council acting by a qualified majority on a proposal from the Commission.
Article 27 (ex Article 29)
In carrying out the tasks entrusted to it under this Chapter the Commission shall be guided by:
(a) the need to promote trade between Member States and third countries;
(b) developments in conditions of competition within the Community insofar as they lead to an improvement in the competitive
capacity of undertakings;
(c)
the requirements of the Community as regards the supply of raw
materials and semi-finished goods; in this connection the Commission
shall take care to avoid distorting conditions of competition between
Member States in respect of finished goods; (d) the need to avoid serious disturbances in the economies of Member States and to ensure rational development of production
and an expansion of consumption within the Community.
Chapter 2
Prohibition of quantitative restrictions between Member States
Article 28 (ex Article 30)
Quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States.
Article 29 (ex Article 34)
Quantitative restrictions on exports, and all measures having equivalent effect, shall be prohibited between Member States.
Article 30 (ex Article 36)
The
provisions of Articles 28 and 29 shall not preclude prohibitions or
restrictions on imports, exports or goods in transit justified on
grounds of public morality, public policy or public security; the
protection of health and life of humans, animals or plants; the
protection of national treasures possessing artistic, historic or
archaeological value; or the protection of industrial and commercial
property. Such prohibitions or restrictions shall not, however,
constitute a means of arbitrary discrimination or a disguised
restriction on trade between Member States.
Article 31 (ex Article 37)
1. Member States shall adjust any
State monopolies of a commercial character so as to ensure that no
discrimination regarding the conditions under which goods are procured
and marketed exists between nationals of Member States. The provisions of this Article shall apply to any body
through which a Member State, in law or in fact, either directly or
indirectly supervises, determines or appreciably influences imports or
exports between Member States. These provisions shall likewise apply to
monopolies delegated by the State to others. 2. Member States shall refrain from introducing any
new measure which is contrary to the principles laid down in paragraph
1 or which restricts the scope of the Articles dealing with the
prohibition of customs duties and quantitative restrictions between
Member States. 3. If a State monopoly of a commercial character
has rules which are designed to make it easier to dispose of
agricultural products or obtain for them the best return, steps should
be taken in applying the rules contained in this Article to ensure
equivalent safeguards for the employment and standard of living of the
producers concerned.
Article 32 (ex Article 38)
1. The
common market shall extend to agriculture and trade in agricultural
products. ‘Agricultural products’ means the products of the soil, of
stockfarming and of fisheries and products of first-stage processing
directly related to these products. 2. Save as otherwise provided in Articles 33 to 38,
the rules laid down for the establishment of the common market shall
apply to agricultural products. 3. The products subject to the provisions of Articles 33 to 38 are listed in Annex I to this Treaty.
4. The operation and development of the common market for agricultural products must be accompanied by the establishment of
a common agricultural policy.
Article 33 (ex Article 39)
1. The objectives of the common agricultural policy shall be:
(a)
to increase agricultural productivity by promoting technical progress
and by ensuring the rational development of agricultural production and
the optimum utilisation of the factors of production, in particular
labour; (b) thus to ensure a fair standard of living for the agricultural community, in particular by increasing the individual earnings
of persons engaged in agriculture;
(c) to stabilise markets;
(d) to assure the availability of supplies;
(e) to ensure that supplies reach consumers at reasonable prices.
2. In working out the common agricultural policy and the special methods for its application, account shall be taken of:
(a) the particular nature of agricultural activity, which results from the social structure of agriculture and from structural
and natural disparities between the various agricultural regions;
(b) the need to effect the appropriate adjustments by degrees;
(c) the fact that in the Member States agriculture constitutes a sector closely linked with the economy as a whole.
Article 34 (ex Article 40)
1. In
order to attain the objectives set out in Article 33, a common
organisation of agricultural markets shall be established. This organisation shall take one of the following forms, depending on the product concerned:
(a) common rules on competition;
(b) compulsory coordination of the various national market organisations;
(c) a European market organisation.
2. The
common organisation established in accordance with paragraph 1 may
include all measures required to attain the objectives set out in
Article 33, in particular regulation of prices, aids for the production
and marketing of the various products, storage and carryover
arrangements and common machinery for stabilising imports or exports. The common organisation shall be limited to pursuit of the objectives set out in Article 33 and shall exclude any discrimination
between producers or consumers within the Community.
Any common price policy shall be based on common criteria and uniform methods of calculation.
3. In order to enable the common organisation referred to in paragraph 1 to attain its objectives, one or more agricultural
guidance and guarantee funds may be set up.
Article 35 (ex Article 41)
To
enable the objectives set out in Article 33 to be attained, provision
may be made within the framework of the common agricultural policy for
measures such as: (a) an effective coordination of efforts in the spheres
of vocational training, of research and of the dissemination of
agricultural knowledge; this may include joint financing of projects or
institutions; (b) joint measures to promote consumption of certain products.
Article 36 (ex Article 42)
The
provisions of the Chapter relating to rules on competition shall apply
to production of and trade in agricultural products only to the extent
determined by the Council within the framework of Article 37(2) and (3)
and in accordance with the procedure laid down therein, account being
taken of the objectives set out in Article 33. The Council may, in particular, authorise the granting of aid:
(a) for the protection of enterprises handicapped by structural or natural conditions;
(b) within the framework of economic development programmes.
Article 37 (ex Article 43)
1. In
order to evolve the broad lines of a common agricultural policy, the
Commission shall, immediately this Treaty enters into force, convene a
conference of the Member States with a view to making a comparison of
their agricultural policies, in particular by producing a statement of
their resources and needs. 2. Having taken into account the work of the
Conference provided for in paragraph 1, after consulting the Economic
and Social Committee and within two years of the entry into force of
this Treaty, the Commission shall submit proposals for working out and
implementing the common agricultural policy, including the replacement
of the national organisations by one of the forms of common
organisation provided for in Article 34(1), and for implementing the
measures specified in this Title. These proposals shall take account of the interdependence of the agricultural matters mentioned in this Title.
The
Council shall, on a proposal from the Commission and after consulting
the European Parliament, acting by a qualified majority, make
regulations, issue directives, or take decisions, without prejudice to
any recommendations it may also make. 3. The Council may, acting by a qualified majority
and in accordance with paragraph 2, replace the national market
organisations by the common organisation provided for in
Article 34(1) if: (a) the common organisation offers Member States which
are opposed to this measure and which have an organisation of their own
for the production in question equivalent safeguards for the employment
and standard of living of the producers concerned, account being taken
of the adjustments that will be possible and the specialisation that
will be needed with the passage of time; (b) such an organisation ensures conditions for trade within the Community similar to those existing in a national market.
4. If
a common organisation for certain raw materials is established before a
common organisation exists for the corresponding processed products,
such raw materials as are used for processed products intended for
export to third countries may be imported from outside the Community.
Article 38 (ex Article 46)
Where
in a Member State a product is subject to a national market
organisation or to internal rules having equivalent effect which affect
the competitive position of similar production in another Member State,
a countervailing charge shall be applied by Member States to imports of
this product coming from the Member State where such organisation or
rules exist, unless that State applies a countervailing charge on
export. The Commission shall fix the amount of these charges at the level required to redress the balance; it may also authorise other
measures, the conditions and details of which it shall determine.
TITLE III
FREE MOVEMENT OF PERSONS, SERVICES AND CAPITAL
Article 39 (ex Article 48)
1. Freedom of movement for workers shall be secured within the Community.
2. Such
freedom of movement shall entail the abolition of any discrimination
based on nationality between workers of the Member States as regards
employment, remuneration and other conditions of work and employment. 3. It shall entail the right, subject to
limitations justified on grounds of public policy, public security or
public health: (a) to accept offers of employment actually made;
(b) to move freely within the territory of Member States for this purpose;
(c) to stay in a Member State for the purpose of employment in accordance with the provisions governing the employment of
nationals of that State laid down by law, regulation or administrative action;
(d) to remain in the territory of a Member State after having been employed in that State, subject to conditions which shall
be embodied in implementing regulations to be drawn up by the Commission.
4. The provisions of this Article shall not apply to employment in the public service.
Article 40 (ex Article 49)
The
Council shall, acting in accordance with the procedure referred to in
Article 251 and after consulting the Economic and Social Committee,
issue directives or make regulations setting out the measures required
to bring about freedom of movement for workers, as defined in Article
39, in particular: (a) by ensuring close cooperation between national employment services;
(b)
by abolishing those administrative procedures and practices and those
qualifying periods in respect of eligibility for available employment,
whether resulting from national legislation or from agreements
previously concluded between Member States, the maintenance of which
would form an obstacle to liberalisation of the movement of workers; (c) by abolishing all such qualifying periods and other
restrictions provided for either under national legislation or under
agreements previously concluded between Member States as imposed on
workers of other Member States conditions regarding the free choice of
employment other than those imposed on workers of the State concerned; (d) by setting up appropriate machinery to bring offers
of employment into touch with applications for employment and to
facilitate the achievement of a balance between supply and demand in
the employment market in such a way as to avoid serious threats to the
standard of living and level of employment in the various regions and
industries.
Article 41 (ex Article 50)
Member States shall, within the framework of a joint programme, encourage the exchange of young workers.
Article 42 (ex Article 51)
The
Council shall, acting in accordance with the procedure referred to in
Article 251, adopt such measures in the field of social security as are
necessary to provide freedom of movement for workers; to this end, it
shall make arrangements to secure for migrant workers and their
dependants: (a) aggregation, for the purpose of acquiring and retaining the right to benefit and of calculating the amount of benefit,
of all periods taken into account under the laws of the several countries;
(b) payment of benefits to persons resident in the territories of Member States.
The Council shall act unanimously throughout the procedure referred to in Article 251.
Chapter 2
Right of establishment
Article 43 (ex Article 52)
Within
the framework of the provisions set out below, restrictions on the
freedom of establishment of nationals of a Member State in the
territory of another Member State shall be prohibited. Such prohibition
shall also apply to restrictions on the setting-up of agencies,
branches or subsidiaries by nationals of any Member State established
in the territory of any Member State. Freedom of establishment shall include the right to take up and pursue activities as self-employed persons and to set up and
manage undertakings, in particular companies or firms within the meaning of the second paragraph of Article 48, under the
conditions laid down for its own nationals by the law of the country where such establishment is effected, subject to the
provisions of the Chapter relating to capital.
Article 44 (ex Article 54)
1. In
order to attain freedom of establishment as regards a particular
activity, the Council, acting in accordance with the procedure referred
to in Article 251 and after consulting the Economic and Social
Committee, shall act by means of directives. 2. The Council and the Commission shall carry out
the duties devolving upon them under the preceding provisions, in
particular: (a) by according, as a general rule, priority treatment to activities where freedom of establishment makes a particularly
valuable contribution to the development of production and trade;
(b) by ensuring close cooperation between the competent authorities in the Member States in order to ascertain the particular
situation within the Community of the various activities concerned;
(c) by abolishing those administrative procedures and practices, whether resulting from national legislation or from agreements
previously concluded between Member States, the maintenance of which would form an obstacle to freedom of establishment;
(d)
by ensuring that workers of one Member State employed in the territory
of another Member State may remain in that territory for the purpose of
taking up activities therein as self-employed persons, where they
satisfy the conditions which they would be required to satisfy if they
were entering that State at the time when they intended to take up such
activities; (e) by enabling a national of one Member State to acquire and use land and buildings situated in the territory of another
Member State, insofar as this does not conflict with the principles laid down in Article 33(2);
(f)
by effecting the progressive abolition of restrictions on freedom of
establishment in every branch of activity under consideration, both as
regards the conditions for setting up agencies, branches or
subsidiaries in the territory of a Member State and as regards the
subsidiaries in the territory of a Member State and as regards the
conditions governing the entry of personnel belonging to the main
establishment into managerial or supervisory posts in such agencies,
branches or subsidiaries; (g) by coordinating to the necessary extent the
safeguards which, for the protection of the interests of members and
other, are required by Member States of companies or firms within the
meaning of the second paragraph of Article 48 with a view to making
such safeguards equivalent throughout the Community; (h) by satisfying themselves that the conditions of establishment are not distorted by aids granted by Member States.
Article 45 (ex Article 55)
The provisions of this Chapter shall not apply, so far as any given Member State is concerned, to activities which in that
State are connected, even occasionally, with the exercise of official authority.
The Council may, acting by a qualified majority on a proposal from the Commission, rule that the provisions of this Chapter
shall not apply to certain activities.
Article 46 (ex Article 56)
1. The
provisions of this Chapter and measures taken in pursuance thereof
shall not prejudice the applicability of provisions laid down by law,
regulation or administrative action providing for special treatment for
foreign nationals on grounds of public policy, public security or
public health. 2. The Council shall, acting in accordance with the
procedure referred to in Article 251, issue directives for the
coordination of the abovementioned provisions.
Article 47 (ex Article 57)
1. In
order to make it easier for persons to take up and pursue activities as
self-employed persons, the Council shall, acting in accordance with the
procedure referred to in Article 251, issue directives for the mutual
recognition of diplomas, certificates and other evidence of formal
qualifications. 2. For the same purpose, the Council shall, acting
in accordance with the procedure referred to in Article 251, issue
directives for the coordination of the provisions laid down by law,
regulation or administrative action in Member States concerning the
taking-up and pursuit of activities as self-employed persons. The
Council, acting unanimously throughout the procedure referred to in
Article 251, shall decide on directives the implementation of which
involves in at least one Member State amendment of the existing
principles laid down by law governing the professions with respect to
training and conditions of access for natural persons. In other cases
the Council shall act by qualified majority. 3. In the case of the medical and allied and pharmaceutical professions, the progressive abolition of restrictions shall be
dependent upon coordination of the conditions for their exercise in the various Member States.
Article 48 (ex Article 58)
Companies
or firms formed in accordance with the law of a Member State and having
their registered office, central administration or principal place of
business within the Community shall, for the purposes of this Chapter,
be treated in the same way as natural persons who are nationals of
Member States. ‘Companies or firms’ means companies or firms
constituted under civil or commercial law, including cooperative
societies, and other legal persons governed by public or private law,
save for those which are non-profit-making.
Article 49 (ex Article 59)
Within the framework of the provisions set out below, restrictions on freedom to provide services within the Community shall
be prohibited in respect of nationals of Member States who are established in a State of the Community other than that of
the person for whom the services are intended.
The Council may, acting by a qualified majority on a proposal from the Commission, extend the provisions of the Chapter to
nationals of a third country who provide services and who are established within the Community.
Article 50 (ex Article 60)
Services
shall be considered to be ‘services’ within the meaning of this Treaty
where they are normally provided for remuneration, insofar as they are
not governed by the provisions relating to freedom of movement for
goods, capital and persons. ‘Services’ shall in particular include:
(a) activities of an industrial character;
(b) activities of a commercial character;
(c) activities of craftsmen;
(d) activities of the professions.
Without
prejudice to the provisions of the Chapter relating to the right of
establishment, the person providing a service may, in order to do so,
temporarily pursue his activity in the State where the service is
provided, under the same conditions as are imposed by that State on its
own nationals.
Article 51 (ex Article 61)
1. Freedom
to provide services in the field of transport shall be governed by the
provisions of the Title relating to transport. 2. The liberalisation of banking and insurance services connected with movements of capital shall be effected in step with
the liberalisation of movement of capital.
Article 52 (ex Article 63)
1. In
order to achieve the liberalisation of a specific service, the Council
shall, on a proposal from the Commission and after consulting the
Economic and Social Committee and the European Parliament, issue
directives acting by a qualified majority. 2. As regards the directives referred to in paragraph 1, priority shall as a general rule be given to those services which
directly affect production costs or the liberalisation of which helps to promote trade in goods.
Article 53 (ex Article 64)
The
Member States declare their readiness to undertake the liberalisation
of services beyond the extent required by the directives issued
pursuant to Article 52(1), if their general economic situation and the
situation of the economic sector concerned so permit. To this end, the Commission shall make recommendations to the Member States concerned.
Article 54 (ex Article 65)
As
long as restrictions on freedom to provide services have not been
abolished, each Member State shall apply such restrictions without
distinction on grounds of nationality or residence to all persons
providing services within the meaning of the first paragraph of Article
49.
Article 55 (ex Article 66)
The provisions of Articles 45 to 48 shall apply to the matters covered by this Chapter.
Chapter 4
Capital and payments
Article 56 (ex Article 73b)
1. Within
the framework of the provisions set out in this Chapter, all
restrictions on the movement of capital between Member States and
between Member States and third countries shall be prohibited. 2. Within the framework of the provisions set out in this Chapter, all restrictions on payments between Member States and
between Member States and third countries shall be prohibited.
Article 57 (ex Article 73c)
1. The
provisions of Article 56 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 Commission, 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
liberalisation of the movement of capital to or from third countries.
Article 58 (ex Article 73d)
1. The provisions of Article 56 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 56.
Article 59 (ex Article 73f)
Where,
in exceptional circumstances, movements of capital to or from third
countries cause, or threaten to cause, serious difficulties for the
operation of economic and monetary union, the Council, acting by a
qualified majority on a proposal from the Commission and after
consulting the ECB, may take safeguard measures with regard to third
countries for a period not exceeding six months if such measures are
strictly necessary.
Article 60 (ex Article 73g)
1. If,
in the cases envisaged in Article 301, action by the Community is
deemed necessary, the Council may, in accordance with the procedure
provided for in Article 301, take the necessary urgent measures on the
movement of capital and on payments as regards the third countries
concerned. 2. Without prejudice to Article 297 and as long as
the Council has not taken measures pursuant to paragraph 1, a Member
State may, for serious political reasons and on grounds of urgency,
take unilateral measures against a third country with regard to capital
movements and payments. The Commission and the other Member States
shall be informed of such measures by the date of their entry into
force at the latest. The Council may, acting by a qualified majority on a
proposal from the Commission, decide that the Member State concerned
shall amend or abolish such measures. The President of the Council
shall inform the European Parliament of any such decision taken by the
Council.
TITLE IV (ex Title IIIa)
VISAS, ASYLUM, IMMIGRATION AND OTHER POLICIES RELATED TO FREE MOVEMENT OF PERSONS
Article 61 (ex Article 73i)
In order to establish progressively an area of freedom, security and justice, the Council shall adopt:
(a)
within a period of five years after the entry into force of the Treaty
of Amsterdam, measures aimed at ensuring the free movement of persons
in accordance with Article 14, in conjunction with directly related
flanking measures with respect to external border controls, asylum and
immigration, in accordance with the provisions of Article 62(2) and (3)
and Article 63(1)(a) and (2)(a), and measures to prevent and combat
crime in accordance with the provisions of Article 31(e) of the Treaty
on European Union; (b) other measures in the fields of asylum, immigration
and safeguarding the rights of nationals of third countries, in
accordance with the provisions of Article 63; (c) measures in the field of judicial cooperation in civil matters as provided for in Article 65;
(d) appropriate measures to encourage and strengthen administrative cooperation, as provided for in Article 66;
(e) measures in the field of police and judicial cooperation in criminal matters aimed at a high level of security by preventing
and combating crime within the Union in accordance with the provisions of the Treaty on European Union.
Article 62 (ex Article 73j)
The Council, acting in accordance with the procedure referred to in Article 67, shall, within a period of five years after
the entry into force of the Treaty of Amsterdam, adopt:
(1) measures with a view to ensuring, in compliance with Article 14, the absence of any controls on persons, be they citizens
of the Union or nationals of third countries, when crossing internal borders;
(2) measures on the crossing of the external borders of the Member States which shall establish:
(a) standards and procedures to be followed by Member States in carrying out checks on persons at such borders;
(b) rules on visas for intended stays of no more than three months, including:
(i) the list of third countries whose nationals must be in possession of visas when crossing the external borders and those
whose nationals are exempt from that requirement;
(ii) the procedures and conditions for issuing visas by Member States;
(iii) a uniform format for visas;
(iv) rules on a uniform visa;
(3) measures setting out the conditions under which nationals of third countries shall have the freedom to travel within the
territory of the Member States during a period of no more than three months.
Article 63 (ex Article 73k)
The Council, acting in accordance with the procedure referred to in Article 67, shall, within a period of five years after
the entry into force of the Treaty of Amsterdam, adopt:
(1) measures on asylum, in accordance with the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating
to the status of refugees and other relevant treaties, within the following areas:
(a)
criteria and mechanisms for determining which Member State is
responsible for considering an application for asylum submitted by a
national of a third country in one of the Member States, (b) minimum standards on the reception of asylum seekers in Member States,
(c) minimum standards with respect to the qualification of nationals of third countries as refugees,
(d) minimum standards on procedures in Member States for granting or withdrawing refugee status;
(2) measures on refugees and displaced persons within the following areas:
(a) minimum standards for giving temporary protection to displaced persons from third countries who cannot return to their
country of origin and for persons who otherwise need international protection,
(b) promoting a balance of effort between Member States in receiving and bearing the consequences of receiving refugees and
displaced persons;
(3) measures on immigration policy within the following areas:
(a)
conditions of entry and residence, and standards on procedures for the
issue by Member States of long term visas and residence permits,
including those for the purpose of family reunion, (b) illegal immigration and illegal residence, including repatriation of illegal residents;
(4) measures defining the rights and conditions under which nationals of third countries who are legally resident in a Member
State may reside in other Member States.
Measures adopted by the Council pursuant to points 3 and 4 shall not prevent any Member State from maintaining or introducing
in the areas concerned national provisions which are compatible with this Treaty and with international agreements.
Measures to be adopted pursuant to points 2(b), 3(a) and 4 shall not be subject to the five year period referred to above.
Article 64 (ex Article 73l)
1. This
Title shall not affect the exercise of the responsibilities incumbent
upon Member States with regard to the maintenance of law and order and
the safeguarding of internal security. 2. In the event of one or more Member States being
confronted with an emergency situation characterised by a sudden inflow
of nationals of third countries and without prejudice to paragraph 1,
the Council may, acting by qualified majority on a proposal from the
Commission, adopt provisional measures of a duration not exceeding six
months for the benefit of the Member States concerned.
Article 65 (ex Article 73m)
Measures in the field of judicial cooperation in civil matters having cross-border implications, to be taken in accordance
with Article 67 and insofar as necessary for the proper functioning of the internal market, shall include:
(a) improving and simplifying:
- the system for cross-border service of judicial and extrajudicial documents;
- cooperation in the taking of evidence;
- the recognition and enforcement of decisions in civil and commercial cases, including decisions in extrajudicial cases;
(b)
promoting the compatibility of the rules applicable in the Member
States concerning the conflict of laws and of jurisdiction; (c) eliminating obstacles to the good functioning of civil proceedings, if necessary by promoting the compatibility of the
rules on civil procedure applicable in the Member States.
Article 66 (ex Article 73n)
The
Council, acting in accordance with the procedure referred to in Article
67, shall take measures to ensure cooperation between the relevant
departments of the administrations of the Member States in the areas
covered by this Title, as well as between those departments and the
Commission.
Article 67 (ex Article 73o)
1. During a transitional period of five years following the entry into force of the Treaty of Amsterdam, the Council shall
act unanimously on a proposal from the Commission or on the initiative of a Member State and after consulting the European
Parliament.
2. After this period of five years:
- the Council shall act on proposals from the Commission; the Commission shall examine any request made by a Member State
that it submit a proposal to the Council;
-
the Council, acting unanimously after consulting the European
Parliament, shall take a decision with a view to providing for all or
parts of the areas covered by this Title to be governed by the
procedure referred to in Article 251 and adapting the provisions
relating to the powers of the Court of Justice. 3. By derogation from paragraphs 1 and 2, measures
referred to in Article 62(2)(b) (i) and (iii) shall, from the entry
into force of the Treaty of Amsterdam, be adopted by the Council acting
by a qualified majority on a proposal from the Commission and after
consulting the European Parliament. 4. By derogation from paragraph 2, measures
referred to in Article 62(2)(b) (ii) and (iv) shall, after a period of
five years following the entry into force of the Treaty of Amsterdam,
be adopted by the Council acting in accordance with the procedure
referred to in Article 251.
Article 68 (ex Article 73p)
1. Article
234 shall apply to this Title under the following circumstances and
conditions: where a question on the interpretation of this Title or on
the validity or interpretation of acts of the institutions of the
Community based on this Title is raised in a case pending before a
court or a tribunal of a Member State against whose decisions there is
no judicial remedy under national law, that court or tribunal shall, if
it considers that a decision on the question is necessary to enable it
to give judgment, request the Court of Justice to give a ruling
thereon. 2. In any event, the Court of Justice shall not
have jurisdiction to rule on any measure or decision taken pursuant to
Article 62(1) relating to the maintenance of law and order and the
safeguarding of internal security. 3. The Council, the Commission or a Member State
may request the Court of Justice to give a ruling on a question of
interpretation of this Title or of acts of the institutions of the
Community based on this Title. The ruling given by the Court of Justice
in response to such a request shall not apply to judgments of courts or
tribunals of the Member States which have become res judicata.
Article 69 (ex Article 73q)
The application of this Title shall be subject to the provisions of the Protocol on the position of the United Kingdom and
Ireland and to the Protocol on the position of Denmark and without prejudice to the Protocol on the application of certain
aspects of Article 14 of the Treaty establishing the European Community to the United Kingdom and to Ireland.
TITLE V (ex Title IV)
TRANSPORT
Article 70 (ex Article 74)
The objectives of this Treaty shall, in matters governed by this Title, be pursued by Member States within the framework of
a common transport policy.
Article 71 (ex Article 75)
1. For
the purpose of implementing Article 70, and taking into account the
distinctive features of transport, the Council shall, acting in
accordance with the procedure referred to in Article 251 and after
consulting the Economic and Social Committee and the Committee of the
Regions, lay down: (a) common rules applicable to international transport
to or from the territory of a Member State or passing across the
territory of one or more Member States; (b) the conditions under which non-resident carriers may operate transport services within a Member State;
(c) measures to improve transport safety;
(d) any other appropriate provisions.
2. By
way of derogation from the procedure provided for in paragraph 1, where
the application of provisions concerning the principles of the
regulatory system for transport would be liable to have a serious
effect on the standard of living and on employment in certain areas and
on the operation of transport facilities, they shall be laid down by
the Council acting unanimously on a proposal from the Commission, after
consulting the European Parliament and the Economic and Social
Committee. In so doing, the Council shall take into account the need
for adaptation to the economic development which will result from
establishing the common market.
Article 72 (ex Article 76)
Until
the provisions referred to in Article 71(1) have been laid down, no
Member State may, without the unanimous approval of the Council, make
the various provisions governing the subject on 1 January 1958 or, for
acceding States, the date of their accession less favourable in their
direct or indirect effect on carriers of other Member States as
compared with carriers who are nationals of that State.
Article 73 (ex Article 77)
Aids shall be compatible with this Treaty if they meet the needs of coordination of transport or if they represent reimbursement
for the discharge of certain obligations inherent in the concept of a public service.
Article 74 (ex Article 78)
Any measures taken within the framework of this Treaty in respect of transport rates and conditions shall take account of
the economic circumstances of carriers.
Article 75 (ex Article 79)
1. In
the case of transport within the Community, discrimination which takes
the form of carriers charging different rates and imposing different
conditions for the carriage of the same goods over the same transport
links on grounds of the country of origin or of destination of the
goods in question shall be abolished. 2. Paragraph 1 shall not prevent the Council from adopting other measures in pursuance of Article 71(1).
3. The
Council shall, acting by a qualified majority on a proposal from the
Commission and after consulting the Economic and Social Committee, lay
down rules for implementing the provisions of paragraph 1. The Council may in particular lay down the provisions needed to enable the institutions of the Community to secure compliance
with the rule laid down in paragraph 1 and to ensure that users benefit from it to the full.
4. The
Commission shall, acting on its own initiative or on application by a
Member State, investigate any cases of discrimination falling within
paragraph 1 and, after consulting any Member State concerned, shall
take the necessary decisions within the framework of the rules laid
down in accordance with the provisions of paragraph 3.
Article 76 (ex Article 80)
1. The
imposition by a Member State, in respect of transport operations
carried out within the Community, of rates and conditions involving any
element of support or protection in the interest of one or more
particular undertakings or industries shall be prohibited, unless
authorised by the Commission. 2. The Commission shall, acting on its own
initiative or on application by a Member State, examine the rates and
conditions referred to in paragraph 1, taking account in particular of
the requirements of an appropriate regional economic policy, the needs
of underdeveloped areas and the problems of areas seriously affected by
political circumstances on the one hand, and of the effects of such
rates and conditions on competition between the different modes of
transport on the other. After consulting each Member State concerned, the Commission shall take the necessary decisions.
3. The prohibition provided for in paragraph 1 shall not apply to tariffs fixed to meet competition.
Article 77 (ex Article 81)
Charges or dues in respect of the crossing of frontiers which are charged by a carrier in addition to the transport rates
shall not exceed a reasonable level after taking the costs actually incurred thereby into account.
Member States shall endeavour to reduce these costs progressively.
The Commission may make recommendations to Member States for the application of this Article.
Article 78 (ex Article 82)
The provisions of this Title shall not form an obstacle to the application of measures taken in the Federal Republic of Germany
to the extent that such measures are required in order to compensate for the economic disadvantages caused by the division
of Germany to the economy of certain areas of the Federal Republic affected by that division.
Article 79 (ex Article 83)
An Advisory Committee consisting of experts designated by the governments of Member States shall be attached to the Commission.
The Commission, whenever it considers it desirable, shall consult the Committee on transport matters without prejudice to
the powers of the Economic and Social Committee.
Article 80 (ex Article 84)
1. The provisions of this Title shall apply to transport by rail, road and inland waterway.
2. The
Council may, acting by a qualified majority, decide whether, to what
extent and by what procedure appropriate provisions may be laid down
for sea and air transport. The procedural provisions of Article 71 shall apply.
TITLE VI (ex Title V)
COMMON RULES ON COMPETITION, TAXATION AND APPROXIMATION OF LAWS
Chapter 1
Rules on competition
Section 1
Rules applying to undertakings
Article 81 (ex Article 85)
1. The
following shall be prohibited as incompatible with the common market:
all agreements between undertakings, decisions by associations of
undertakings and concerted practices which may affect trade between
Member States and which have as their object or effect the prevention,
restriction or distortion of competition within the common market, and
in particular those which: (a) directly or indirectly fix purchase or selling prices or any other trading conditions;
(b) limit or control production, markets, technical development, or investment;
(c) share markets or sources of supply;
(d) apply dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive
disadvantage;
(e) make the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their
nature or according to commercial usage, have no connection with the subject of such contracts.
2. Any agreements or decisions prohibited pursuant to this Article shall be automatically void.
3. The provisions of paragraph 1 may, however, be declared inapplicable in the case of:
- any agreement or category of agreements between undertakings;
- any decision or category of decisions by associations of undertakings;
- any concerted practice or category of concerted practices,
which contributes to improving the production or distribution of goods or to promoting technical or economic progress, while
allowing consumers a fair share of the resulting benefit, and which does not:
(a) impose on the undertakings concerned restrictions which are not indispensable to the attainment of these objectives;
(b) afford such undertakings the possibility of eliminating competition in respect of a substantial part of the products in
question.
Article 82 (ex Article 86)
Any abuse by one or more undertakings of a dominant position within the common market or in a substantial part of it shall
be prohibited as incompatible with the common market insofar as it may affect trade between Member States.
Such abuse may, in particular, consist in:
(a) directly or indirectly imposing unfair purchase or selling prices or other unfair trading conditions;
(b) limiting production, markets or technical development to the prejudice of consumers;
(c) applying dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive
disadvantage;
(d) making the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their
nature or according to commercial usage, have no connection with the subject of such contracts.
Article 83 (ex Article 87)
1. The
appropriate regulations or directives to give effect to the principles
set out in Articles 81 and 82 shall be laid down by the Council, acting
by a qualified majority on a proposal from the Commission and after
consulting the European Parliament. 2. The regulations or directives referred to in paragraph 1 shall be designed in particular:
(a) to ensure compliance with the prohibitions laid down in Article 81(1) and in Article 82 by making provision for fines
and periodic penalty payments;
(b)
to lay down detailed rules for the application of Article 81(3), taking
into account the need to ensure effective supervision on the one hand,
and to simplify administration to the greatest possible extent on the
other; (c) to define, if need be, in the various branches of the economy, the scope of the provisions of Articles 81 and 82;
(d) to define the respective functions of the Commission and of the Court of Justice in applying the provisions laid down
in this paragraph;
(e) to determine the relationship between national laws and the provisions contained in this Section or adopted pursuant to
this Article.
Article 84 (ex Article 88)
Until
the entry into force of the provisions adopted in pursuance of Article
83, the authorities in Member States shall rule on the admissibility of
agreements, decisions and concerted practices and on abuse of a
dominant position in the common market in accordance with the law of
their country and with the provisions of Article 81, in particular
paragraph 3, and of Article 82.
Article 85 (ex Article 89)
1. Without
prejudice to Article 84, the Commission shall ensure the application of
the principles laid down in Articles 81 and 82. On application by a
Member State or on its own initiative, and in cooperation with the
competent authorities in the Member States, who shall give it their
assistance, the Commission shall investigate cases of suspected
infringement of these principles. If it finds that there has been an
infringement, it shall propose appropriate measures to bring it to an
end. 2. If the infringement is not brought to an end,
the Commission shall record such infringement of the principles in a
reasoned decision. The Commission may publish its decision and
authorise Member States to take the measures, the conditions and
details of which it shall determine, needed to remedy the situation.
Article 86 (ex Article 90)
1. In
the case of public undertakings and undertakings to which Member States
grant special or exclusive rights, Member States shall neither enact
nor maintain in force any measure contrary to the rules contained in
this Treaty, in particular to those rules provided for in Article 12
and Articles 81 to 89. 2. Undertakings entrusted with the operation of
services of general economic interest or having the character of a
revenue-producing monopoly shall be subject to the rules contained in
this Treaty, in particular to the rules on competition, insofar as the
application of such rules does not obstruct the performance, in law or
in fact, of the particular tasks assigned to them. The development of
trade must not be affected to such an extent as would be contrary to
the interests of the Community. 3. The Commission shall ensure the application of
the provisions of this Article and shall, where necessary, address
appropriate directives or decisions to Member States.
Section 2
Aids granted by States
Article 87 (ex Article 92)
1. Save
as otherwise provided in this Treaty, any aid granted by a Member State
or through State resources in any form whatsoever which distorts or
threatens to distort competition by favouring certain undertakings or
the production of certain goods shall, insofar as it affects trade
between Member States, be incompatible with the common market. 2. The following shall be compatible with the common market:
(a) aid having a social character, granted to individual consumers, provided that such aid is granted without discrimination
related to the origin of the products concerned;
(b) aid to make good the damage caused by natural disasters or exceptional occurrences;
(c) aid granted to the economy of certain areas of the Federal Republic of Germany affected by the division of Germany, insofar
as such aid is required in order to compensate for the economic disadvantages caused by that division.
3. The following may be considered to be compatible with the common market:
(a) aid to promote the economic development of areas where the standard of living is abnormally low or where there is serious
underemployment;
(b) aid to promote the execution of an important project of common European interest or to remedy a serious disturbance in
the economy of a Member State;
(c) aid to facilitate the development of certain economic activities or of certain economic areas, where such aid does not
adversely affect trading conditions to an extent contrary to the common interest;
(d) aid to promote culture and heritage conservation where such aid does not affect trading conditions and competition in
the Community to an extent that is contrary to the common interest;
(e) such other categories of aid as may be specified by decision of the Council acting by a qualified majority on a proposal
from the Commission.
Article 88 (ex Article 93)
1. The
Commission shall, in cooperation with Member States, keep under
constant review all systems of aid existing in those States. It shall
propose to the latter any appropriate measures required by the
progressive development or by the functioning of the common market. 2. If, after giving notice to the parties concerned
to submit their comments, the Commission finds that aid granted by a
State or through State resources is not compatible with the common
market having regard to Article 87, or that such aid is being misused,
it shall decide that the State concerned shall abolish or alter such
aid within a period of time to be determined by the Commission. If the State concerned does not comply with this decision within the prescribed time, the Commission or any other interested
State may, in derogation from the provisions of Articles 226 and 227, refer the matter to the Court of Justice direct.
On
application by a Member State, the Council may, acting unanimously,
decide that aid which that State is granting or intends to grant shall
be considered to be compatible with the common market, in derogation
from the provisions of Article 87 or from the regulations provided for
in Article 89, if such a decision is justified by exceptional
circumstances. If, as regards the aid in question, the Commission has
already initiated the procedure provided for in the first subparagraph
of this paragraph, the fact that the State concerned has made its
application to the Council shall have the effect of suspending that
procedure until the Council has made its attitude known. If, however, the Council has not made its attitude known within three months of the said application being made, the Commission
shall give its decision on the case.
3. The
Commission shall be informed, in sufficient time to enable it to submit
its comments, of any plans to grant or alter aid. If it considers that
any such plan is not compatible with the common market having regard to
Article 87, it shall without delay initiate the procedure provided for
in paragraph 2. The Member State concerned shall not put its proposed
measures into effect until this procedure has resulted in a final
decision.
Article 89 (ex Article 94)
The
Council, acting by a qualified majority on a proposal from the
Commission and after consulting the European Parliament, may make any
appropriate regulations for the application of Articles 87 and 88 and
may in particular determine the conditions in which Article 88(3) shall
apply and the categories of aid exempted from this procedure.
Article 90 (ex Article 95)
No Member State shall impose, directly or indirectly, on the products of other Member States any internal taxation of any
kind in excess of that imposed directly or indirectly on similar domestic products.
Furthermore, no Member State shall impose on the products of other Member States any internal taxation of such a nature as
to afford indirect protection to other products.
Article 91 (ex Article 96)
Where products are exported to the territory of any Member State, any repayment of internal taxation shall not exceed the
internal taxation imposed on them whether directly or indirectly.
Article 92 (ex Article 98)
In
the case of charges other than turnover taxes, excise duties and other
forms of indirect taxation, remissions and repayments in respect of
exports to other Member States may not be granted and countervailing
charges in respect of imports from Member States may not be imposed
unless the measures contemplated have been previously approved for a
limited period by the Council acting by a qualified majority on a
proposal from the Commission.
Article 93 (ex Article 99)
The
Council shall, acting unanimously on a proposal from the Commission and
after consulting the European Parliament and the Economic and Social
Committee, adopt provisions for the harmonisation of legislation
concerning turnover taxes, excise duties and other forms of indirect
taxation to the extent that such harmonisation is necessary to ensure
the establishment and the functioning of the internal market within the
time-limit laid down in Article 14.
Chapter 3
Approximation of laws
Article 94 (ex Article 100)
The
Council shall, acting unanimously on a proposal from the Commission and
after consulting the European Parliament and the Economic and Social
Committee, issue directives for the approximation of such laws,
regulations or administrative provisions of the Member States as
directly affect the establishment or functioning of the common market.
Article 95 (ex Article 100a)
1. By
way of derogation from Article 94 and save where otherwise provided in
this Treaty, the following provisions shall apply for the achievement
of the objectives set out in Article 14. The Council shall, acting in
accordance with the procedure referred to in Article 251 and after
consulting the Economic and Social Committee, adopt the measures for
the approximation of the provisions laid down by law, regulation or
administrative action in Member States which have as their object the
establishment and functioning of the internal market. 2. Paragraph 1 shall not apply to fiscal
provisions, to those relating to the free movement of persons nor to
those relating to the rights and interests of employed persons. 3. The Commission, in its proposals envisaged in
paragraph 1 concerning health, safety, environmental protection and
consumer protection, will take as a base a high level of protection,
taking account in particular of any new development based on scientific
facts. Within their respective powers, the European Parliament and the
Council will also seek to achieve this objective. 4. If, after the adoption by the Council or by the
Commission of a harmonisation measure, a Member State deems it
necessary to maintain national provisions on grounds of major needs
referred to in Article 30, or relating to the protection of the
environment or the working environment, it shall notify the Commission
of these provisions as well as the grounds for maintaining them. 5. Moreover, without prejudice to paragraph 4, if,
after the adoption by the Council or by the Commission of a
harmonisation measure, a Member State deems it necessary to introduce
national provisions based on new scientific evidence relating to the
protection of the environment or the working environment on grounds of
a problem specific to that Member State arising after the adoption of
the harmonisation measure, it shall notify the Commission of the
envisaged provisions as well as the grounds for introducing them. 6. The Commission shall, within six months of the
notifications as referred to in paragraphs 4 and 5, approve or reject
the national provisions involved after having verified whether or not
they are a means of arbitrary discrimination or a disguised restriction
on trade between Member States and whether or not they shall constitute
an obstacle to the functioning of the internal market. In the absence of a decision by the Commission within this period the national provisions referred to in paragraphs 4 and
5 shall be deemed to have been approved.
When
justified by the complexity of the matter and in the absence of danger
for human health, the Commission may notify the Member State concerned
that the period referred to in this paragraph may be extended for a
further period of up to six months. 7. When, pursuant to paragraph 6, a Member State is authorised to maintain or introduce national provisions derogating from
a harmonisation measure, the Commission shall immediately examine whether to propose an adaptation to that measure.
8. When
a Member State raises a specific problem on public health in a field
which has been the subject of prior harmonisation measures, it shall
bring it to the attention of the Commission which shall immediately
examine whether to propose appropriate measures to the Council. 9. By way of derogation from the procedure laid
down in Articles 226 and 227, the Commission and any Member State may
bring the matter directly before the Court of Justice if it considers
that another Member State is making improper use of the powers provided
for in this Article. 10. The harmonisation measures referred to above
shall, in appropriate cases, include a safeguard clause authorising the
Member States to take, for one or more of the non-economic reasons
referred to in Article 30, provisional measures subject to a Community
control procedure.
Article 96 (ex Article 101)
Where the Commission finds that a difference between the provisions laid down by law, regulation or administrative action
in Member States is distorting the conditions of competition in the common market and that the resultant distortion needs
to be eliminated, it shall consult the Member States concerned.
If
such consultation does not result in an agreement eliminating the
distortion in question, the Council shall, on a proposal from the
Commission, acting by a qualified majority, issue the necessary
directives. The Commission and the Council may take any other
appropriate measures provided for in this Treaty.
Article 97 (ex Article 102)
1. Where
there is a reason to fear that the adoption or amendment of a provision
laid down by law, regulation or administrative action may cause
distortion within the meaning of Article 96, a Member State desiring to
proceed therewith shall consult the Commission. After consulting the
Member States, the Commission shall recommend to the States concerned
such measures as may be appropriate to avoid the distortion in
question. 2. If a State desiring to introduce or amend its
own provisions does not comply with the recommendation addressed to it
by the Commission, other Member States shall not be required, in
pursuance of Article 96, to amend their own provisions in order to
eliminate such distortion. If the Member State which has ignored the
recommendation of the Commission causes distortion detrimental only to
itself, the provisions of Article 96 shall not apply.
TITLE VII (ex-Title VI)
ECONOMIC AND MONETARY POLICY
Chapter 1
Economic policy
Article 98 (ex Article 102a)
Member
States shall conduct their economic policies with a view to
contributing to the achievement of the objectives of the Community, as
defined in Article 2, and in the context of the broad guidelines
referred to in Article 99(2). The Member States and the Community shall
act in accordance with the principle of an open market economy with
free competition, favouring an efficient allocation of resources, and
in compliance with the principles set out in Article 4.
Article 99 (ex Article 103)
1. Member
States shall regard their economic policies as a matter of common
concern and shall coordinate them within the Council, in accordance
with the provisions of Article 98. 2. The Council shall, acting by a qualified
majority on a recommendation from the Commission, formulate a draft for
the broad guidelines of the economic policies of the Member States and
of the Community, and shall report its findings to the European
Council. The European Council shall, acting on the basis of the report from the Council, discuss a conclusion on the broad guidelines
of the economic policies of the Member States and of the Community.
On the basis of this conclusion, the Council shall, acting by a qualified majority, adopt a recommendation setting out these
broad guidelines. The Council shall inform the European Parliament of its recommendation.
3. In
order to ensure closer coordination of economic policies and sustained
convergence of the economic performances of the Member States, the
Council shall, on the basis of reports submitted by the Commission,
monitor economic developments in each of the Member States and in the
Community as well as the consistency of economic policies with the
broad guidelines referred to in paragraph 2, and regularly carry out an
overall assessment. For the purpose of this multilateral surveillance, Member States shall forward information to the Commission about important
measures taken by them in the field of their economic policy and such other information as they deem necessary.
4. Where
it is established, under the procedure referred to in paragraph 3, that
the economic policies of a Member State are not consistent with the
broad guidelines referred to in paragraph 2 or that they risk
jeopardising the proper functioning of economic and monetary union, the
Council may, acting by a qualified majority on a recommendation from
the Commission, make the necessary recommendations to the Member State
concerned. The Council may, acting by a qualified majority on a
proposal from the Commission, decide to make its recommendations
public. The President of the Council and the Commission shall
report to the European Parliament on the results of multilateral
surveillance. The President of the Council may be invited to appear
before the competent committee of the European Parliament if the
Council has made its recommendations public. 5. The Council, acting in accordance with the
procedure referred to in Article 252, may adopt detailed rules for the
multilateral surveillance procedure referred to in paragraphs 3 and 4
of this Article.
Article 100 (ex Article 103a)
1. Without prejudice to any other procedures provided for in this Treaty, the Council may, acting unanimously on a proposal
from the Commission, decide upon the measures appropriate to the economic situation, in particular if severe difficulties
arise in the supply of certain products.
2. Where
a Member State is in difficulties or is seriously threatened with
severe difficulties caused by exceptional occurrences beyond its
control, the Council may, acting unanimously on a proposal from the
Commission, grant, under certain conditions, Community financial
assistance to the Member State concerned. Where the severe difficulties
are caused by natural disasters, the Council shall act by qualified
majority. The President of the Council shall inform the European
Parliament of the decision taken.
Article 101 (ex Article 104)
1. Overdraft facilities or any
other type of credit facility with the ECB or with the central banks of
the Member States (hereinafter referred to as ‘national central banks’)
in favour of Community institutions or bodies, central governments,
regional, local or other public authorities, other bodies governed by
public law, or public undertakings of Member States shall be
prohibited, as shall the purchase directly from them by the ECB or
national central banks of debt instruments. 2. Paragraph 1 shall not apply to publicly owned
credit institutions which, in the context of the supply of reserves by
central banks, shall be given the same treatment by national central
banks and the ECB as private credit institutions.
Article 102 (ex Article 104a)
1. Any
measure, not based on prudential considerations, establishing
privileged access by Community institutions or bodies, central
governments, regional, local or other public authorities, other bodies
governed by public law, or public undertakings of Member States to
financial institutions, shall be prohibited. 2. The Council, acting in accordance with the procedure referred to in Article 252, shall, before 1 January 1994, specify
definitions for the application of the prohibition referred to in paragraph 1.
Article 103 (ex Article 104b)
1. The
Community shall not be liable for or assume the commitments of central
governments, regional, local or other public authorities, other bodies
governed by public law, or public undertakings of any Member State,
without prejudice to mutual financial guarantees for the joint
execution of a specific project. A Member State shall not be liable for
or assume the commitments of central governments, regional, local or
other public authorities, other bodies governed by public law, or
public undertakings of another Member State, without prejudice to
mutual financial guarantees for the joint execution of a specific
project. 2. If necessary, the Council, acting in accordance with the procedure referred to in Article 252, may specify definitions
for the application of the prohibition referred to in Article 101 and in this Article.
Article 104 (ex Article 104c)
1. Member States shall avoid excessive government deficits.
2. The
Commission shall monitor the development of the budgetary situation and
of the stock of government debt in the Member States with a view to
identifying gross errors. In particular it shall examine compliance
with budgetary discipline on the basis of the following two criteria: (a) whether the ratio of the planned or actual government deficit to gross domestic product exceeds a reference value, unless:
- either the ratio has declined substantially and continuously and reached a level that comes close to the reference value;
- or, alternatively, the excess over the reference value is only exceptional and temporary and the ratio remains close to
the reference value;
(b) whether the ratio of government debt to gross domestic product exceeds a reference value, unless the ratio is sufficiently
diminishing and approaching the reference value at a satisfactory pace.
The reference values are specified in the Protocol on the excessive deficit procedure annexed to this Treaty.
3. If
a Member State does not fulfil the requirements under one or both of
these criteria, the Commission shall prepare a report. The report of
the Commission shall also take into account whether the government
deficit exceeds government investment expenditure and take into account
all other relevant factors, including the medium-term economic and
budgetary position of the Member State. The Commission may also prepare a report if, notwithstanding the fulfilment of the requirements under the criteria, it is
of the opinion that there is a risk of an excessive deficit in a Member State.
4. The Committee provided for in Article 114 shall formulate an opinion on the report of the Commission.
5. If
the Commission considers that an excessive deficit in a Member State
exists or may occur, the Commission shall address an opinion to the
Council. 6. The Council shall, acting by a qualified
majority on a recommendation from the Commission, and having considered
any observations which the Member State concerned may wish to make,
decide after an overall assessment whether an excessive deficit exists.
7. Where the existence of an excessive deficit is
decided according to paragraph 6, the Council shall make
recommendations to the Member State concerned with a view to bringing
that situation to an end within a given period. Subject to the
provisions of paragraph 8, these recommendations shall not be made
public. 8. Where it establishes that there has been no effective action in response to its recommendations within the period laid
down, the Council may make its recommendations public.
9. If a Member State persists in failing to put into practice the recommendations of the Council, the Council may decide to
give notice to the Member State to take, within a specified time-limit, measures for the deficit reduction which is judged
necessary by the Council in order to remedy the situation.
In such a case, the Council may request the Member State concerned to submit reports in accordance with a specific timetable
in order to examine the adjustment efforts of that Member State.
10. The
rights to bring actions provided for in Articles 226 and 227 may not be
exercised within the framework of paragraphs 1 to 9 of this Article. 11. As long as a Member State fails to comply with a decision taken in accordance with paragraph 9, the Council may decide
to apply or, as the case may be, intensify one or more of the following measures:
- to require the Member State concerned to publish additional information, to be specified by the Council, before issuing
bonds and securities;
- to invite the European Investment Bank to reconsider its lending policy towards the Member State concerned;
- to require the Member State concerned to make a non-interest-bearing deposit of an appropriate size with the Community until
the excessive deficit has, in the view of the Council, been corrected;
- to impose fines of an appropriate size.
The President of the Council shall inform the European Parliament of the decisions taken.
12. The
Council shall abrogate some or all of its decisions referred to in
paragraphs 6 to 9 and 11 to the extent that the excessive deficit in
the Member State concerned has, in the view of the Council, been
corrected. If the Council has previously made public recommendations,
it shall, as soon as the decision under paragraph 8 has been abrogated,
make a public statement that an excessive deficit in the Member State
concerned no longer exists. 13. When taking the decisions referred to in
paragraphs 7 to 9, 11 and 12, the Council shall act on a recommendation
from the Commission by a majority of two-thirds of the votes of its
members weighted in accordance with Article 205(2), excluding the votes
of the representative of the Member State concerned. 14. Further provisions relating to the
implementation of the procedure described in this Article are set out
in the Protocol on the excessive deficit procedure annexed to this
Treaty. The Council shall, acting unanimously on a proposal from the Commission and after consulting the European Parliament and the
ECB, adopt the appropriate provisions which shall then replace the said Protocol.
Subject
to the other provisions of this paragraph, the Council shall, before 1
January 1994, acting by a qualified majority on a proposal from the
Commission and after consulting the European Parliament, lay down
detailed rules and definitions for the application of the provisions of
the said Protocol.
Chapter 2
Monetary policy
Article 105 (ex Article 105)
1. The
primary objective of the ESCB shall be to maintain price stability.
Without prejudice to the objective of price stability, the ESCB shall
support the general economic policies in the Community with a view to
contributing to the achievement of the objectives of the Community as
laid down in Article 2. The ESCB shall act in accordance with the
principle of an open market economy with free competition, favouring an
efficient allocation of resources, and in compliance with the
principles set out in Article 4. 2. The basic tasks to be carried out through the ESCB shall be:
- to define and implement the monetary policy of the Community;
- to conduct foreign exchange operations consistent with the provisions of Article 111;
- to hold and manage the official foreign reserves of the Member States;
- to promote the smooth operation of payment systems.
3. The
third indent of paragraph 2 shall be without prejudice to the holding
and management by the governments of Member States of foreign-exchange
working balances. 4. The ECB shall be consulted:
- on any proposed Community act in its fields of competence;
- by national authorities regarding any draft legislative provision in its fields of competence, but within the limits and
under the conditions set out by the Council in accordance with the procedure laid down in Article 107(6).
The ECB may submit opinions to the appropriate Community institutions or bodies or to national authorities on matters in its
fields of competence.
5. The
ESCB shall contribute to the smooth conduct of policies pursued by the
competent authorities relating to the prudential supervision of credit
institutions and the stability of the financial system. 6. The Council may, acting unanimously on a
proposal from the Commission and after consulting the ECB and after
receiving the assent of the European Parliament, confer upon the ECB
specific tasks concerning policies relating to the prudential
supervision of credit institutions and other financial institutions
with the exception of insurance undertakings.
Article 106 (ex Article 105a)
1. The ECB shall have the
exclusive right to authorise the issue of banknotes within the
Community. The ECB and the national central banks may issue such notes.
The banknotes issued by the ECB and the national central banks shall be
the only such notes to have the status of legal tender within the
Community. 2. Member States may issue coins subject to
approval by the ECB of the volume of the issue. The Council may, acting
in accordance with the procedure referred to in Article 252 and after
consulting the ECB, adopt measures to harmonise the denominations and
technical specifications of all coins intended for circulation to the
extent necessary to permit their smooth circulation within the
Community.
Article 107 (ex Article 106)
1. The ESCB shall be composed of the ECB and of the national central banks.
2. The ECB shall have legal personality.
3. The
ESCB shall be governed by the decision-making bodies of the ECB which
shall be the Governing Council and the Executive Board. 4. The Statute of the ESCB is laid down in a Protocol annexed to this Treaty.
5. Articles
5.1, 5.2, 5.3, 17, 18, 19.1, 22, 23, 24, 26, 32.2, 32.3, 32.4, 32.6,
33.1(a) and 36 of the Statute of the ESCB may be amended by the
Council, acting either by a qualified majority on a recommendation from
the ECB and after consulting the Commission or unanimously on a
proposal from the Commission and after consulting the ECB. In either
case, the assent of the European Parliament shall be required. 6. The Council, acting by a qualified majority
either on a proposal from the Commission and after consulting the
European Parliament and the ECB or on a recommendation from the ECB and
after consulting the European Parliament and the Commission, shall
adopt the provisions referred to in Articles 4, 5.4, 19.2, 20, 28.1,
29.2, 30.4 and 34.3 of the Statute of the ESCB.
Article 108 (ex Article 107)
When
exercising the powers and carrying out the tasks and duties conferred
upon them by this Treaty and the Statute of the ESCB, neither the ECB,
nor a national central bank, nor any member of their decision-making
bodies shall seek or take instructions from Community institutions or
bodies, from any government of a Member State or from any other body.
The Community institutions and bodies and the governments of the Member
States undertake to respect this principle and not to seek to influence
the members of the decision-making bodies of the ECB or of the national
central banks in the performance of their tasks.
Article 109 (ex Article 108)
Each Member State shall ensure, at the latest at the date of the establishment of the ESCB, that its national legislation
including the statutes of its national central bank is compatible with this Treaty and the Statute of the ESCB.
Article 110 (ex Article 108a)
1. In order to carry out the tasks entrusted to the ESCB, the ECB shall, in accordance with the provisions of this Treaty
and under the conditions laid down in the Statute of the ESCB:
-
make regulations to the extent necessary to implement the tasks defined
in Article 3.1, first indent, Articles 19.1, 22 and 25.2 of the Statute
of the ESCB and in cases which shall be laid down in the acts of the
Council referred to in Article 107(6); - take decisions necessary for carrying out the tasks entrusted to the ESCB under this Treaty and the Statute of the ESCB;
- make recommendations and deliver opinions.
2. A regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member
States.
Recommendations and opinions shall have no binding force.
A decision shall be binding in its entirety upon those to whom it is addressed.
Articles 253 to 256 shall apply to regulations and decisions adopted by the ECB.
The ECB may decide to publish its decisions, recommendations and opinions.
3. Within the limits and under the conditions adopted by the Council under the procedure laid down in Article 107(6), the
ECB shall be entitled to impose fines or periodic penalty payments on undertakings for failure to comply with obligations
under its regulations and decisions.
Article 111 (Article 109)
1. By
way of derogation from Article 300, the Council may, acting unanimously
on a recommendation from the ECB or from the Commission, and after
consulting the ECB in an endeavour to reach a consensus consistent with
the objective of price stability, after consulting the European
Parliament, in accordance with the procedure in paragraph 3 for
determining the arrangements, conclude formal agreements on an
exchange-rate system for the ECU in relation to non-Community
currencies. The Council may, acting by a qualified majority on a
recommendation from the ECB or from the Commission, and after
consulting the ECB in an endeavour to reach a consensus consistent with
the objective of price stability, adopt, adjust or abandon the central
rates of the ECU within the exchange-rate system. The President of the
Council shall inform the European Parliament of the adoption,
adjustment or abandonment of the ECU central rates. 2. In the absence of an exchange-rate system in
relation to one or more non-Community currencies as referred to in
paragraph 1, the Council, acting by a qualified majority either on a
recommendation from the Commission and after consulting the ECB or on a
recommendation from the ECB, may formulate general orientations for
exchange-rate policy in relation to these currencies. These general
orientations shall be without prejudice to the primary objective of the
ESCB to maintain price stability. 3. By way of derogation from Article 300, where
agreements concerning monetary or foreign exchange regime matters need
to be negotiated by the Community with one or more States or
international organisations, the Council, acting by a qualified
majority on a recommendation from the Commission and after consulting
the ECB, shall decide the arrangements for the negotiation and for the
conclusion of such agreements. These arrangements shall ensure that the
Community expresses a single position. The Commission shall be fully
associated with the negotiations. Agreements concluded in accordance with this paragraph shall be binding on the institutions of the Community, on the ECB and
on Member States.
4. Subject
to paragraph 1, the Council shall, on a proposal from the Commission
and after consulting the ECB, acting by a qualified majority decide on
the position of the Community at international level as regards issues
of particular relevance to economic and monetary union and, acting
unanimously, decide its representation in compliance with the
allocation of powers laid down in Articles 99 and 105. 5. Without prejudice to Community competence and Community agreements as regards economic and monetary union, Member States
may negotiate in international bodies and conclude international agreements.
Chapter 3
Institutional provisions
Article 112 (ex Article 109a)
1. The Governing Council of the ECB shall comprise the members of the Executive Board of the ECB and the Governors of the
national central banks.
2. (a) The Executive Board shall comprise the President, the Vice-President and four other members.
(b)
The President, the Vice-President and the other members of the
Executive Board shall be appointed from among persons of recognised
standing and professional experience in monetary or banking matters by
common accord of the governments of the Member States at the level of
Heads of State or Government, on a recommendation from the Council,
after it has consulted the European Parliament and the Governing
Council of the ECB. Their term of office shall be eight years and shall not be renewable.
Only nationals of Member States may be members of the Executive Board.
Article 113 (ex Article 109b)
1. The
President of the Council and a member of the Commission may
participate, without having the right to vote, in meetings of the
Governing Council of the ECB. The President of the Council may submit a motion for deliberation to the Governing Council of the ECB.
2. The
President of the ECB shall be invited to participate in Council
meetings when the Council is discussing matters relating to the
objectives and tasks of the ESCB. 3. The ECB shall address an annual report on the
activities of the ESCB and on the monetary policy of both the previous
and current year to the European Parliament, the Council and the
Commission, and also to the European Council. The President of the ECB
shall present this report to the Council and to the European
Parliament, which may hold a general debate on that basis. The President of the ECB and the other members of the Executive Board may, at the request of the European Parliament or on
their own initiative, be heard by the competent committees of the European Parliament.
Article 114 (ex Article 109c)
1. In order to promote coordination of the policies of Member States to the full extent needed for the functioning of the
internal market, a Monetary Committee with advisory status is hereby set up.
It shall have the following tasks:
- to keep under review the monetary and financial situation of the Member States and of the Community and the general payments
system of the Member States and to report regularly thereon to the Council and to the Commission;
- to deliver opinions at the request of the Council or of the Commission, or on its own initiative for submission to those
institutions;
- without prejudice to Article 207, to contribute to the preparation of the work of the Council referred to in Articles 59,
60, 99(2), (3), (4) and (5), 100, 102, 103, 104, 116(2), 117(6), 119, 120, 121(2) and 122(1);
-
to examine, at least once a year, the situation regarding the movement
of capital and the freedom of payments, as they result from the
application of this Treaty and of measures adopted by the Council; the
examination shall cover all measures relating to capital movements and
payments; the Committee shall report to the Commission and to the
Council on the outcome of this examination. The Member States and the Commission shall each appoint two members of the Monetary Committee.
2. At
the start of the third stage, an Economic and Financial Committee shall
be set up. The Monetary Committee provided for in paragraph 1 shall be
dissolved. The Economic and Financial Committee shall have the following tasks:
- to deliver opinions at the request of the Council or of the Commission, or on its own initiative for submission to those
institutions;
- to keep under review the economic and financial situation of the Member States and of the Community and to report regularly
thereon to the Council and to the Commission, in particular on financial relations with third countries and international
institutions;
- without prejudice to Article 207, to contribute to the preparation of the work of the Council referred to in Articles 59,
60, 99(2), (3), (4) and (5), 100, 102, 103, 104, 105(6), 106(2), 107(5) and (6), 111, 119, 120(2) and (3), 122(2), 123(4)
and (5), and to carry out other advisory and preparatory tasks assigned to it by the Council;
-
to examine, at least once a year, the situation regarding the movement
of capital and the freedom of payments, as they result from the
application of this Treaty and of measures adopted by the Council; the
examination shall cover all measures relating to capital movements and
payments; the Committee shall report to the Commission and to the
Council on the outcome of this examination. The Member States, the Commission and the ECB shall each appoint no more than two members of the Committee.
3. The
Council shall, acting by a qualified majority on a proposal from the
Commission and after consulting the ECB and the Committee referred to
in this Article, lay down detailed provisions concerning the
composition of the Economic and Financial Committee. The President of
the Council shall inform the European Parliament of such a decision. 4. In addition to the tasks set out in paragraph 2,
if and as long as there are Member States with a derogation as referred
to in Articles 122 and 123, the Committee shall keep under review the
monetary and financial situation and the general payments system of
those Member States and report regularly thereon to the Council and to
the Commission.
Article 115 (ex Article 109d)
For
matters within the scope of Articles 99(4), 104 with the exception of
paragraph 14, 111, 121, 122 and 123(4) and (5), the Council or a Member
State may request the Commission to make a recommendation or a
proposal, as appropriate. The Commission shall examine this request and
submit its conclusions to the Council without delay.
Chapter 4
Transitional provisions
Article 116 (ex Article 109e)
1. The second stage for achieving economic and monetary union shall begin on 1 January 1994.
2. Before that date:
(a) each Member State shall:
- adopt, where necessary, appropriate measures to comply with the prohibitions laid down in Article 56 and in Articles 101
and 102(1);
-
adopt, if necessary, with a view to permitting the assessment provided
for in subparagraph (b), multiannual programmes intended to ensure the
lasting convergence necessary for the achievement of economic and
monetary union, in particular with regard to price stability and sound
public finances; (b) the Council shall, on the basis of a report from the
Commission, assess the progress made with regard to economic and
monetary convergence, in particular with regard to price stability and
sound public finances, and the progress made with the implementation of
Community law concerning the internal market. 3. The provisions of Articles 101, 102(1), 103(1) and 104 with the exception of paragraphs 1, 9, 11 and 14 shall apply from
the beginning of the second stage.
The provisions of Articles 100(2), 104(1), (9) and (11), 105, 106, 108, 111, 112, 113 and 114(2) and (4) shall apply from
the beginning of the third stage.
4. In the second stage, Member States shall endeavour to avoid excessive government deficits.
5. During the second stage, each Member State shall, as appropriate, start the process leading to the independence of its
central bank, in accordance with Article 109.
Article 117 (ex Article 109f)
1. At
the start of the second stage, a European Monetary Institute
(hereinafter referred to as ‘EMI’) shall be established and take up its
duties; it shall have legal personality and be directed and managed by
a Council, consisting of a President and the Governors of the national
central banks, one of whom shall be Vice-President. The President shall be appointed by common accord of the
governments of the Member States at the level of Heads of State or
Government, on a recommendation from the Council of the EMI, and after
consulting the European Parliament and the Council. The President shall
be selected from among persons of recognised standing and professional
experience in monetary or banking matters. Only nationals of Member
States may be President of the EMI. The Council of the EMI shall
appoint the Vice-President. The Statute of the EMI is laid down in a Protocol annexed to this Treaty.
2. The EMI shall:
- strengthen cooperation between the national central banks;
- strengthen the coordination of the monetary policies of the Member States, with the aim of ensuring price stability;
- monitor the functioning of the European Monetary System;
- hold consultations concerning issues falling within the competence of the national central banks and affecting the stability
of financial institutions and markets;
- take over the tasks of the European Monetary Cooperation Fund, which shall be dissolved; the modalities of dissolution are
laid down in the Statute of the EMI;
- facilitate the use of the ECU and oversee its development, including the smooth functioning of the ECU clearing system.
3. For the preparation of the third stage, the EMI shall:
- prepare the instruments and the procedures necessary for carrying out a single monetary policy in the third stage;
- promote the harmonisation, where necessary, of the rules and practices governing the collection, compilation and distribution
of statistics in the areas within its field of competence;
- prepare the rules for operations to be undertaken by the national central banks within the framework of the ESCB;
- promote the efficiency of cross-border payments;
- supervise the technical preparation of ECU banknotes.
At
the latest by 31 December 1996, the EMI shall specify the regulatory,
organisational and logistical framework necessary for the ESCB to
perform its tasks in the third stage. This framework shall be submitted
for decision to the ECB at the date of its establishment. 4. The EMI, acting by a majority of two thirds of the members of its Council, may:
- formulate opinions or recommendations on the overall orientation of monetary policy and exchange-rate policy as well as
on related measures introduced in each Member State;
- submit opinions or recommendations to governments and to the Council on policies which might affect the internal or external
monetary situation in the Community and, in particular, the functioning of the European Monetary System;
- make recommendations to the monetary authorities of the Member States concerning the conduct of their monetary policy.
5. The EMI, acting unanimously, may decide to publish its opinions and its recommendations.
6. The EMI shall be consulted by the Council regarding any proposed Community act within its field of competence.
Within
the limits and under the conditions set out by the Council, acting by a
qualified majority on a proposal from the Commission and after
consulting the European Parliament and the EMI, the EMI shall be
consulted by the authorities of the Member States on any draft
legislative provision within its field of competence. 7. The Council may, acting unanimously on a proposal from the Commission and after consulting the European Parliament and
the EMI, confer upon the EMI other tasks for the preparation of the third stage.
8. Where this Treaty provides for a consultative role for the ECB, references to the ECB shall be read as referring to the
EMI before the establishment of the ECB.
9. During
the second stage, the term ‘ECB’ used in Articles 230, 232, 233, 234,
237 and 288 shall be read as referring to the EMI.
Article 118 (ex Article 109g)
The currency composition of the ECU basket shall not be changed.
From the start of the third stage, the value of the ECU shall be irrevocably fixed in accordance with Article 123(4).
Article 119 (ex Article 109h)
1. Where
a Member State is in difficulties or is seriously threatened with
difficulties as regards its balance of payments either as a result of
an overall disequilibrium in its balance of payments, or as a result of
the type of currency at its disposal, and where such difficulties are
liable in particular to jeopardise the functioning of the common market
or the progressive implementation of the common commercial policy, the
Commission shall immediately investigate the position of the State in
question and the action which, making use of all the means at its
disposal, that State has taken or may take in accordance with the
provisions of this Treaty. The Commission shall state what measures it
recommends the State concerned to take. If the action taken by a Member State and the measures
suggested by the Commission do not prove sufficient to overcome the
difficulties which have arisen or which threaten, the Commission shall,
after consulting the Committee referred to in Article 114, recommend to
the Council the granting of mutual assistance and appropriate methods
therefor. The Commission shall keep the Council regularly informed of the situation and of how it is developing.
2. The Council, acting by a qualified majority, shall grant such mutual assistance; it shall adopt directives or decisions
laying down the conditions and details of such assistance, which may take such forms as:
(a) a concerted approach to or within any other international organisations to which Member States may have recourse;
(b) measures needed to avoid deflection of trade where the State which is in difficulties maintains or reintroduces quantitative
restrictions against third countries;
(c) the granting of limited credits by other Member States, subject to their agreement.
3. If
the mutual assistance recommended by the Commission is not granted by
the Council or if the mutual assistance granted and the measures taken
are insufficient, the Commission shall authorise the State which is in
difficulties to take protective measures, the conditions and details of
which the Commission shall determine. Such authorisation may be revoked and such conditions and details may be changed by the Council acting by a qualified majority.
4. Subject to Article 122(6), this Article shall cease to apply from the beginning of the third stage.
Article 120 (ex Article 109i)
1. Where
a sudden crisis in the balance of payments occurs and a decision within
the meaning of Article 119(2) is not immediately taken, the Member
State concerned may, as a precaution, take the necessary protective
measures. Such measures must cause the least possible disturbance in
the functioning of the common market and must not be wider in scope
than is strictly necessary to remedy the sudden difficulties which have
arisen. 2. The Commission and the other Member States shall be informed of such protective measures not later than when they enter
into force. The Commission may recommend to the Council the granting of mutual assistance under Article 119.
3. After
the Commission has delivered an opinion and the Committee referred to
in Article 114 has been consulted, the Council may, acting by a
qualified majority, decide that the State concerned shall amend,
suspend or abolish the protective measures referred to above. 4. Subject to Article 122(6), this Article shall cease to apply from the beginning of the third stage.
Article 121 (ex Article 109j)
1. The
Commission and the EMI shall report to the Council on the progress made
in the fulfilment by the Member States of their obligations regarding
the achievement of economic and monetary union. These reports shall
include an examination of the compatibility between each Member State's
national legislation, including the statutes of its national central
bank, and Articles 108 and 109 of this Treaty and the Statute of the
ESCB. The reports shall also examine the achievement of a high degree
of sustainable convergence by reference to the fulfilment by each
Member State of the following criteria: - the achievement of a high degree of price stability; this will be apparent from a rate of inflation which is close to that
of, at most, the three best performing Member States in terms of price stability;
- the sustainability of the government financial position; this will be apparent from having achieved a government budgetary
position without a deficit that is excessive as determined in accordance with Article 104(6);
- the observance of the normal fluctuation margins provided for by the exchange-rate mechanism of the European Monetary System,
for at least two years, without devaluing against the currency of any other Member State;
- the durability of convergence achieved by the Member State and of its participation in the exchange-rate mechanism of the
European Monetary System being reflected in the long-term interest-rate levels.
The
four criteria mentioned in this paragraph and the relevant periods over
which they are to be respected are developed further in a Protocol
annexed to this Treaty. The reports of the Commission and the EMI shall
also take account of the development of the ECU, the results of the
integration of markets, the situation and development of the balances
of payments on current account and an examination of the development of
unit labour costs and other price indices. 2. On the basis of these reports, the Council,
acting by a qualified majority on a recommendation from the Commission,
shall assess: - for each Member State, whether it fulfils the necessary conditions for the adoption of a single currency;
- whether a majority of the Member States fulfil the necessary conditions for the adoption of a single currency,
and
recommend its findings to the Council, meeting in the composition of
the Heads of State or Government. The European Parliament shall be
consulted and forward its opinion to the Council, meeting in the
composition of the Heads of State or Government. 3. Taking due account of the reports referred to in
paragraph 1 and the opinion of the European Parliament referred to in
paragraph 2, the Council, meeting in the composition of the Heads of
State or Government, shall, acting by a qualified majority, not later
than 31 December 1996: - decide, on the basis of the recommendations of the Council referred to in paragraph 2, whether a majority of the Member
States fulfil the necessary conditions for the adoption of a single currency;
- decide whether it is appropriate for the Community to enter the third stage,
and if so:
- set the date for the beginning of the third stage.
4. If
by the end of 1997 the date for the beginning of the third stage has
not been set, the third stage shall start on 1 January 1999. Before 1
July 1998, the Council, meeting in the composition of the Heads of
State or Government, after a repetition of the procedure provided for
in paragraphs 1 and 2, with the exception of the second indent of
paragraph 2, taking into account the reports referred to in paragraph 1
and the opinion of the European Parliament, shall, acting by a
qualified majority and on the basis of the recommendations of the
Council referred to in paragraph 2, confirm which Member States fulfil
the necessary conditions for the adoption of a single currency.
Article 122 (ex Article 109k)
1. If
the decision has been taken to set the date in accordance with Article
121(3), the Council shall, on the basis of its recommendations referred
to in Article 121(2), acting by a qualified majority on a
recommendation from the Commission, decide whether any, and if so
which, Member States shall have a derogation as defined in paragraph 3
of this Article. Such Member States shall in this Treaty be referred to
as ‘Member States with a derogation’. If the Council has confirmed which Member States fulfil
the necessary conditions for the adoption of a single currency, in
accordance with Article 121(4), those Member States which do not fulfil
the conditions shall have a derogation as defined in paragraph 3 of
this Article. Such Member States shall in this Treaty be referred to as
‘Member States with a derogation’. 2. At least once every two years, or at the request
of a Member State with a derogation, the Commission and the ECB shall
report to the Council in accordance with the procedure laid down in
Article 121(1). After consulting the European Parliament and after
discussion in the Council, meeting in the composition of the Heads of
State or Government, the Council shall, acting by a qualified majority
on a proposal from the Commission, decide which Member States with a
derogation fulfil the necessary conditions on the basis of the criteria
set out in Article 121(1), and abrogate the derogations of the Member
States concerned. 3. A derogation referred to in paragraph 1 shall
entail that the following Articles do not apply to the Member State
concerned: Articles 104(9) and (11), 105(1), (2), (3) and (5), 106,
110, 111, and 112(2)(b). The exclusion of such a Member State and its
national central bank from rights and obligations within the ESCB is
laid down in Chapter IX of the Statute of the ESCB. 4. In Articles 105(1), (2) and (3), 106, 110, 111
and 112(2)(b), ‘Member States’ shall be read as ‘Member States without
a derogation’. 5. The voting rights of Member States with a
derogation shall be suspended for the Council decisions referred to in
the Articles of this Treaty mentioned in paragraph 3. In that case, by
way of derogation from Articles 205 and 250(1), a qualified majority
shall be defined as two-thirds of the votes of the representatives of
the Member States without a derogation weighted in accordance with
Article 205(2), and unanimity of those Member States shall be required
for an act requiring unanimity. 6. Articles 119 and 120 shall continue to apply to a Member State with a derogation.
Article 123 (ex Article 109l)
1. Immediately
after the decision on the date for the beginning of the third stage has
been taken in accordance with Article 121(3), or, as the case may be,
immediately after 1 July 1998: - the Council shall adopt the provisions referred to in Article 107(6);
-
the governments of the Member States without a derogation shall
appoint, in accordance with the procedure set out in Article 50 of the
Statute of the ESCB, the President, the Vice-President and the other
members of the Executive Board of the ECB. If there are Member States
with a derogation, the number of members of the Executive Board may be
smaller than provided for in Article 11.1 of the Statute of the ESCB,
but in no circumstances shall it be less than four. As soon as the Executive Board is appointed, the ESCB
and the ECB shall be established and shall prepare for their full
operation as described in this Treaty and the Statute of the ESCB. The
full exercise of their powers shall start from the first day of the
third stage. 2. As soon as the ECB is established, it shall, if necessary, take over tasks of the EMI. The EMI shall go into liquidation
upon the establishment of the ECB; the modalities of liquidation are laid down in the Statute of the EMI.
3. If
and as long as there are Member States with a derogation, and without
prejudice to Article 107(3) of this Treaty, the General Council of the
ECB referred to in Article 45 of the Statute of the ESCB shall be
constituted as a third decision-making body of the ECB. 4. At the starting date of the third stage, the
Council shall, acting with the unanimity of the Member States without a
derogation, on a proposal from the Commission and after consulting the
ECB, adopt the conversion rates at which their currencies shall be
irrevocably fixed and at which irrevocably fixed rate the ECU shall be
substituted for these currencies, and the ECU will become a currency in
its own right. This measure shall by itself not modify the external
value of the ECU. The Council shall, acting according to the same
procedure, also take the other measures necessary for the rapid
introduction of the ECU as the single currency of those Member States. 5. If it is decided, according to the procedure set
out in Article 122(2), to abrogate a derogation, the Council shall,
acting with the unanimity of the Member States without a derogation and
the Member State concerned, on a proposal from the Commission and after
consulting the ECB, adopt the rate at which the ECU shall be
substituted for the currency of the Member State concerned, and take
the other measures necessary for the introduction of the ECU as the
single currency in the Member State concerned.
Article 124 (ex Article 109m)
1. Until
the beginning of the third stage, each Member State shall treat its
exchange-rate policy as a matter of common interest. In so doing,
Member States shall take account of the experience acquired in
cooperation within the framework of the European Monetary System (EMS)
and in developing the ECU, and shall respect existing powers in this
field. 2. From the beginning of the third stage and for as
long as a Member State has a derogation, paragraph 1 shall apply by
analogy to the exchange-rate policy of that Member State.
TITLE VIII (ex Title VIa)
EMPLOYMENT
Article 125 (ex Article 109n)
Member
States and the Community shall, in accordance with this Title, work
towards developing a coordinated strategy for employment and
particularly for promoting a skilled, trained and adaptable workforce
and labour markets responsive to economic change with a view to
achieving the objectives defined in Article 2 of the Treaty on European
Union and in Article 2 of this Treaty.
Article 126 (ex Article 109o)
1. Member
States, through their employment policies, shall contribute to the
achievement of the objectives referred to in Article 125 in a way
consistent with the broad guidelines of the economic policies of the
Member States and of the Community adopted pursuant to
Article 99(2). 2. Member States, having regard to national
practices related to the responsibilities of management and labour,
shall regard promoting employment as a matter of common concern and
shall coordinate their action in this respect within the Council, in
accordance with the provisions of Article 128.
Article 127 (ex Article 109p)
1. The
Community shall contribute to a high level of employment by encouraging
cooperation between Member States and by supporting and, if necessary,
complementing their action. In doing so, the competences of the Member
States shall be respected. 2. The objective of a high level of employment shall be taken into consideration in the formulation and implementation of
Community policies and activities.
Article 128 (ex Article 109q)
1. The European Council shall each year consider the employment situation in the Community and adopt conclusions thereon,
on the basis of a joint annual report by the Council and the Commission.
2. On
the basis of the conclusions of the European Council, the Council,
acting by a qualified majority on a proposal from the Commission and
after consulting the European Parliament, the Economic and Social
Committee, the Committee of the Regions and the Employment Committee
referred to in Article 130, shall each year draw up guidelines which
the Member States shall take into account in their employment policies.
These guidelines shall be consistent with the broad guidelines adopted
pursuant to Article 99(2). 3. Each Member State shall provide the Council and the Commission with an annual report on the principal measures taken to
implement its employment policy in the light of the guidelines for employment as referred to in paragraph 2.
4. The
Council, on the basis of the reports referred to in paragraph 3 and
having received the views of the Employment Committee, shall each year
carry out an examination of the implementation of the employment
policies of the Member States in the light of the guidelines for
employment. The Council, acting by a qualified majority on a
recommendation from the Commission, may, if it considers it appropriate
in the light of that examination, make recommendations to Member
States. 5. On the basis of the results of that examination, the Council and the Commission shall make a joint annual report to the
European Council on the employment situation in the Community and on the implementation of the guidelines for employment.
Article 129 (ex Article 109r)
The
Council, acting in accordance with the procedure referred to in Article
251 and after consulting the Economic and Social Committee and the
Committee of the Regions, may adopt incentive measures designed to
encourage cooperation between Member States and to support their action
in the field of employment through initiatives aimed at developing
exchanges of information and best practices, providing comparative
analysis and advice as well as promoting innovative approaches and
evaluating experiences, in particular by recourse to pilot projects. Those measures shall not include harmonisation of the laws and regulations of the Member States.
Article 130 (ex Article 109s)
The Council, after consulting the European Parliament, shall establish an Employment Committee with advisory status to promote
coordination between Member States on employment and labour market policies. The tasks of the Committee shall be:
- to monitor the employment situation and employment policies in the Member States and the Community;
- without prejudice to Article 207, to formulate opinions at the request of either the Council or the Commission or on its
own initiative, and to contribute to the preparation of the Council proceedings referred to in Article 128.
In fulfilling its mandate, the Committee shall consult management and labour.
Each Member State and the Commission shall appoint two members of the Committee.
TITLE IX (ex Title VII)
COMMON COMMERCIAL POLICY
Article 131 (ex Article 110)
By
establishing a customs union between themselves Member States aim to
contribute, in the common interest, to the harmonious development of
world trade, the progressive abolition of restrictions on international
trade and the lowering of customs barriers. The common commercial policy shall take into account the favourable effect which the abolition of customs duties between Member
States may have on the increase in the competitive strength of undertakings in those States.
Article 132 (ex Article 112)
1. Without
prejudice to obligations undertaken by them within the framework of
other international organisations, Member States shall progressively
harmonise the systems whereby they grant aid for exports to third
countries, to the extent necessary to ensure that competition between
undertakings of the Community is not distorted. On a proposal from the Commission, the Council shall, acting by a qualified majority, issue any directives needed for this
purpose.
2. The
preceding provisions shall not apply to such a drawback of customs
duties or charges having equivalent effect nor to such a repayment of
indirect taxation including turnover taxes, excise duties and other
indirect taxes as is allowed when goods are exported from a Member
State to a third country, insofar as such a drawback or repayment does
not exceed the amount imposed, directly or indirectly, on the products
exported.
Article 133 (ex Article 113)
1. The
common commercial policy shall be based on uniform principles,
particularly in regard to changes in tariff rates, the conclusion of
tariff and trade agreements, the achievement of uniformity in measures
of liberalisation, export policy and measures to protect trade such as
those to be taken in the event of dumping or subsidies. 2. The Commission shall submit proposals to the Council for implementing the common commercial policy.
3. Where agreements with one or more States or international organisations need to be negotiated, the Commission shall make
recommendations to the Council, which shall authorise the Commission to open the necessary negotiations.
The Commission shall conduct these negotiations in consultation with a special committee appointed by the Council to assist
the Commission in this task and within the framework of such directives as the Council may issue to it.
The relevant provisions of Article 300 shall apply.
4. In exercising the powers conferred upon it by this Article, the Council shall act by a qualified majority.
5. The
Council, acting unanimously on a proposal from the Commission and after
consulting the European Parliament, may extend the application of
paragraphs 1 to 4 to international negotiations and agreements on
services and intellectual property insofar as they are not covered by
these paragraphs.
Article 134 (ex Article 115)
In
order to ensure that the execution of measures of commercial policy
taken in accordance with this Treaty by any Member State is not
obstructed by deflection of trade, or where differences between such
measures lead to economic difficulties in one or more Member States,
the Commission shall recommend the methods for the requisite
cooperation between Member States. Failing this, the Commission may
authorise Member States to take the necessary protective measures, the
conditions and details of which it shall determine. In case of urgency, Member States shall request
authorisation to take the necessary measures themselves from the
Commission, which shall take a decision as soon as possible; the Member
States concerned shall then notify the measures to the other Member
States. The Commission may decide at any time that the Member States
concerned shall amend or abolish the measures in question. In the selection of such measures, priority shall be given to those which cause the least disturbance of the functioning of
the common market.
TITLE X (ex Title VIIa)
CUSTOMS COOPERATION
Article 135 (ex Article 116)
Within
the scope of application of this Treaty, the Council, acting in
accordance with the procedure referred to in Article 251, shall take
measures in order to strengthen customs cooperation between Member
States and between the latter and the Commission. These measures shall
not concern the application of national criminal law or the national
administration of justice.
TITLE XI (ex Title VIII)
SOCIAL POLICY, EDUCATION, VOCATIONAL TRAINING AND YOUTH
Chapter 1
Social Provisions
Article 136 (ex Article 117)
The
Community and the Member States, having in mind fundamental social
rights such as those set out in the European Social Charter signed at
Turin on 18 October 1961 and in the 1989 Community Charter of the
Fundamental Social Rights of Workers, shall have as their objectives
the promotion of employment, improved living and working conditions, so
as to make possible their harmonisation while the improvement is being
maintained, proper social protection, dialogue between management and
labour, the development of human resources with a view to lasting high
employment and the combating of exclusion. To this end the Community and the Member States shall
implement measures which take account of the diverse forms of national
practices, in particular in the field of contractual relations, and the
need to maintain the competitiveness of the Community economy. They believe that such a development will ensue not only
from the functioning of the common market, which will favour the
harmonisation of social systems, but also from the procedures provided
for in this Treaty and from the approximation of provisions laid down
by law, regulation or administrative action.
Article 137 (ex Article 118)
1. With a view to achieving the objectives of Article 136, the Community shall support and complement the activities of the
Member States in the following fields:
- improvement in particular of the working environment to protect workers' health and safety;
- working conditions;
- the information and consultation of workers;
- the integration of persons excluded from the labour market, without prejudice to Article 150;
- equality between men and women with regard to labour market opportunities and treatment at work.
2. To
this end, the Council may adopt, by means of directives, minimum
requirements for gradual implementation, having regard to the
conditions and technical rules obtaining in each of the Member States.
Such directives shall avoid imposing administrative, financial and
legal constraints in a way which would hold back the creation and
development of small and medium-sized undertakings. The Council shall act in accordance with the procedure referred to in Article 251 after consulting the Economic and Social
Committee and the Committee of the Regions.
The Council, acting in accordance with the same procedure, may adopt measures designed to encourage cooperation between Member
States through initiatives aimed at improving knowledge, developing exchanges of information and best practices, promoting
innovative approaches and evaluating experiences in order to combat social exclusion.
3. However, the Council shall act unanimously on a proposal from the Commission, after consulting the European Parliament,
the Economic and Social Committee and the Committee of the Regions in the following areas:
- social security and social protection of workers;
- protection of workers where their employment contract is terminated;
- representation and collective defence of the interests of workers and employers, including co-determination, subject to
paragraph 6;
- conditions of employment for third-country nationals legally residing in Community territory;
- financial contributions for promotion of employment and job-creation, without prejudice to the provisions relating to the
Social Fund.
4. A Member State may entrust management and labour, at their joint request, with the implementation of directives adopted
pursuant to paragraphs 2 and 3.
In
this case, it shall ensure that, no later than the date on which a
directive must be transposed in accordance with Article 249, management
and labour have introduced the necessary measures by agreement, the
Member State concerned being required to take any necessary measure
enabling it at any time to be in a position to guarantee the results
imposed by that directive. 5. The provisions adopted pursuant to this Article shall not prevent any Member State from maintaining or introducing more
stringent protective measures compatible with this Treaty.
6. The
provisions of this Article shall not apply to pay, the right of
association, the right to strike or the right to impose lock-outs.
Article 138 (ex Article 118a)
1. The Commission shall have the task of promoting the consultation of management and labour at Community level and shall
take any relevant measure to facilitate their dialogue by ensuring balanced support for the parties.
2. To this end, before submitting proposals in the social policy field, the Commission shall consult management and labour
on the possible direction of Community action.
3. If,
after such consultation, the Commission considers Community action
advisable, it shall consult management and labour on the content of the
envisaged proposal. Management and labour shall forward to the
Commission an opinion or, where appropriate, a recommendation. 4. On the occasion of such consultation, management
and labour may inform the Commission of their wish to initiate the
process provided for in Article 139. The duration of the procedure
shall not exceed nine months, unless the management and labour
concerned and the Commission decide jointly to extend it.
Article 139 (ex Article 118b)
1. Should management and labour so desire, the dialogue between them at Community level may lead to contractual relations,
including agreements.
2. Agreements
concluded at Community level shall be implemented either in accordance
with the procedures and practices specific to management and labour and
the Member States or, in matters covered by Article 137, at the joint
request of the signatory parties, by a Council decision on a proposal
from the Commission. The Council shall act by qualified majority, except where the agreement in question contains one or more provisions relating
to one of the areas referred to in Article 137(3), in which case it shall act unanimously.
Article 140 (ex Article 118c)
With
a view to achieving the objectives of Article 136 and without prejudice
to the other provisions of this Treaty, the Commission shall encourage
cooperation between the Member States and facilitate the coordination
of their action in all social policy fields under this chapter,
particularly in matters relating to: - employment;
- labour law and working conditions;
- basic and advanced vocational training;
- social security;
- prevention of occupational accidents and diseases;
- occupational hygiene;
- the right of association and collective bargaining between employers and workers.
To this end, the Commission shall act in close contact with Member States by making studies, delivering opinions and arranging
consultations both on problems arising at national level and on those of concern to international organisations.
Before delivering the opinions provided for in this Article, the Commission shall consult the Economic and Social Committee.
Article 141 (ex Article 119)
1. Each
Member State shall ensure that the principle of equal pay for male and
female workers for equal work or work of equal value is applied. 2. For the purpose of this Article, ‘pay’ means the
ordinary basic or minimum wage or salary and any other consideration,
whether in cash or in kind, which the worker receives directly or
indirectly, in respect of his employment, from his employer. Equal pay without discrimination based on sex means:
(a) that pay for the same work at piece rates shall be calculated on the basis of the same unit of measurement;
(b) that pay for work at time rates shall be the same for the same job.
3. The
Council, acting in accordance with the procedure referred to in Article
251, and after consulting the Economic and Social Committee, shall
adopt measures to ensure the application of the principle of equal
opportunities and equal treatment of men and women in matters of
employment and occupation, including the principle of equal pay for
equal work or work of equal value. 4. With a view to ensuring full equality in
practice between men and women in working life, the principle of equal
treatment shall not prevent any Member State from maintaining or
adopting measures providing for specific advantages in order to make it
easier for the under-represented sex to pursue a vocational activity or
to prevent or compensate for disadvantages in professional careers.
Article 142 (ex Article 119a)
Member States shall endeavour to maintain the existing equivalence between paid holiday schemes.
Article 143 (ex Article 120)
The
Commission shall draw up a report each year on progress in achieving
the objectives of Article 136, including the demographic situation in
the Community. It shall forward the report to the European Parliament,
the Council and the Economic and Social Committee. The European Parliament may invite the Commission to draw up reports on particular problems concerning the social situation.
Article 144 (ex Article 121)
The Council may, acting unanimously and after consulting the Economic and Social Committee, assign to the Commission tasks
in connection with the implementation of common measures, particularly as regards social security for the migrant workers
referred to in Articles 39 to 42.
Article 145 (ex Article 122)
The Commission shall include a separate chapter on social developments within the Community in its annual report to the European
Parliament.
The European Parliament may invite the Commission to draw up reports on any particular problems concerning social conditions.
Chapter 2
The European Social Fund
Article 146 (ex Article 123)
In
order to improve employment opportunities for workers in the internal
market and to contribute thereby to raising the standard of living, a
European Social Fund is hereby established in accordance with the
provisions set out below; it shall aim to render the employment of
workers easier and to increase their geographical and occupational
mobility within the Community, and to facilitate their adaptation to
industrial changes and to changes in production systems, in particular
through vocational training and retraining.
Article 147 (ex Article 124)
The Fund shall be administered by the Commission.
The
Commission shall be assisted in this task by a Committee presided over
by a Member of the Commission and composed of representatives of
governments, trade unions and employers' organisations.
Article 148 (ex Article 125)
The Council, acting in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social
Committee and the Committee of the Regions, shall adopt implementing decisions relating to the European Social Fund.
Chapter 3
Education, vocational training and youth
Article 149 (ex Article 126)
1. The
Community shall contribute to the development of quality education by
encouraging cooperation between Member States and, if necessary, by
supporting and supplementing their action, while fully respecting the
responsibility of the Member States for the content of teaching and the
organisation of education systems and their cultural and linguistic
diversity. 2. Community action shall be aimed at:
- developing the European dimension in education, particularly through the teaching and dissemination of the languages of
the Member States;
- encouraging mobility of students and teachers, inter alia by encouraging the academic recognition of diplomas and periods
of study;
- promoting cooperation between educational establishments;
- developing exchanges of information and experience on issues common to the education systems of the Member States;
- encouraging the development of youth exchanges and of exchanges of socio-educational instructors;
- encouraging the development of distance education.
3. The
Community and the Member States shall foster cooperation with third
countries and the competent international organisations in the field of
education, in particular the Council of Europe. 4. In order to contribute to the achievement of the objectives referred to in this Article, the Council:
-
acting in accordance with the procedure referred to in Article 251,
after consulting the Economic and Social Committee and the Committee of
the Regions, shall adopt incentive measures, excluding any
harmonisation of the laws and regulations of the Member States; - acting by a qualified majority on a proposal from the Commission, shall adopt recommendations.
Article 150 (ex Article 127)
1. The
Community shall implement a vocational training policy which shall
support and supplement the action of the Member States, while fully
respecting the responsibility of the Member States for the content and
organisation of vocational training. 2. Community action shall aim to:
- facilitate adaptation to industrial changes, in particular through vocational training and retraining;
- improve initial and continuing vocational training in order to facilitate vocational integration and reintegration into
the labour market;
- facilitate access to vocational training and encourage mobility of instructors and trainees and particularly young people;
- stimulate cooperation on training between educational or training establishments and firms;
- develop exchanges of information and experience on issues common to the training systems of the Member States.
3. The
Community and the Member States shall foster cooperation with third
countries and the competent international organisations in the sphere
of vocational training. 4. The Council, acting in accordance with the
procedure referred to in Article 251 and after consulting the Economic
and Social Committee and the Committee of the Regions, shall adopt
measures to contribute to the achievement of the objectives referred to
in this Article, excluding any harmonisation of the laws and
regulations of the Member States.
TITLE XII (ex Title IX)
CULTURE
Article 151 (ex Article 128)
1. The
Community shall contribute to the flowering of the cultures of the
Member States, while respecting their national and regional diversity
and at the same time bringing the common cultural heritage to the fore.
2. Action by the Community shall be aimed at
encouraging cooperation between Member States and, if necessary,
supporting and supplementing their action in the following areas: - improvement of the knowledge and dissemination of the culture and history of the European peoples;
- conservation and safeguarding of cultural heritage of European significance;
- non-commercial cultural exchanges;
- artistic and literary creation, including in the audiovisual sector.
3. The
Community and the Member States shall foster cooperation with third
countries and the competent international organisations in the sphere
of culture, in particular the Council of Europe. 4. The Community shall take cultural aspects into
account in its action under other provisions of this Treaty, in
particular in order to respect and to promote the diversity of its
cultures. 5. In order to contribute to the achievement of the objectives referred to in this Article, the Council:
- acting in accordance with the procedure referred to in Article 251 and after consulting the Committee of the Regions, shall
adopt incentive measures, excluding any harmonisation of the laws and regulations of the Member States. The Council shall
act unanimously throughout the procedure referred to in Article 251;
- acting unanimously on a proposal from the Commission, shall adopt recommendations.
TITLE XIII (ex Title X)
PUBLIC HEALTH
Article 152 (ex Article 129)
1. A high level of human health protection shall be ensured in the definition and implementation of all Community policies
and activities.
Community action, which shall complement national policies, shall be directed towards improving public health, preventing
human illness and diseases, and obviating sources of danger to human health. Such action shall cover the fight against the
major health scourges, by promoting research into their causes, their transmission and their prevention, as well as health
information and education.
The Community shall complement the Member States' action in reducing drugs-related health damage, including information and
prevention.
2. The
Community shall encourage cooperation between the Member States in the
areas referred to in this Article and, if necessary, lend support to
their action. Member States shall, in liaison with the Commission,
coordinate among themselves their policies and programmes in the areas
referred to in paragraph 1. The Commission may, in close contact with
the Member States, take any useful initiative to promote such
coordination. 3. The Community and the Member States shall foster
cooperation with third countries and the competent international
organisations in the sphere of public health. 4. The Council, acting in accordance with the
procedure referred to in Article 251 and after consulting the Economic
and Social Committee and the Committee of the Regions, shall contribute
to the achievement of the objectives referred to in this Article
through adopting: (a) measures setting high standards of quality and safety of organs and substances of human origin, blood and blood derivatives;
these measures shall not prevent any Member State from maintaining or introducing more stringent protective measures;
(b)
by way of derogation from Article 37, measures in the veterinary and
phytosanitary fields which have as their direct objective the
protection of public health; (c) incentive measures designed to protect and improve human health, excluding any harmonisation of the laws and regulations
of the Member States.
The Council, acting by a qualified majority on a proposal from the Commission, may also adopt recommendations for the purposes
set out in this Article.
5. Community
action in the field of public health shall fully respect the
responsibilities of the Member States for the organisation and delivery
of health services and medical care. In particular, measures referred
to in paragraph 4(a) shall not affect national provisions on the
donation or medical use of organs and blood.
TITLE XIV (ex Title XI)
CONSUMER PROTECTION
Article 153 (ex Article 129a)
1. In
order to promote the interests of consumers and to ensure a high level
of consumer protection, the Community shall contribute to protecting
the health, safety and economic interests of consumers, as well as to
promoting their right to information, education and to organise
themselves in order to safeguard their interests. 2. Consumer protection requirements shall be taken into account in defining and implementing other Community policies and
activities.
3. The Community shall contribute to the attainment of the objectives referred to in paragraph 1 through:
(a) measures adopted pursuant to Article 95 in the context of the completion of the internal market;
(b) measures which support, supplement and monitor the policy pursued by the Member States.
4. The
Council, acting in accordance with the procedure referred to in Article
251 and after consulting the Economic and Social Committee, shall adopt
the measures referred to in paragraph 3(b). 5. Measures adopted pursuant to paragraph 4 shall
not prevent any Member State from maintaining or introducing more
stringent protective measures. Such measures must be compatible with
this Treaty. The Commission shall be notified of them.
TITLE XV (ex Title XII)
TRANS-EUROPEAN NETWORKS
Article 154 (ex Article 129b)
1. To
help achieve the objectives referred to in Articles 14 and 158 and to
enable citizens of the Union, economic operators and regional and local
communities to derive full benefit from the setting-up of an area
without internal frontiers, the Community shall contribute to the
establishment and development of trans-European networks in the areas
of transport, telecommunications and energy infrastructures. 2. Within the framework of a system of open and
competitive markets, action by the Community shall aim at promoting the
interconnection and interoperability of national networks as well as
access to such networks. It shall take account in particular of the
need to link island, landlocked and peripheral regions with the central
regions of the Community.
Article 155 (ex Article 129c)
1. In order to achieve the objectives referred to in Article 154, the Community:
- shall establish a series of guidelines covering the objectives, priorities and broad lines of measures envisaged in the
sphere of trans-European networks; these guidelines shall identify projects of common interest;
- shall implement any measures that may prove necessary to ensure the interoperability of the networks, in particular in the
field of technical standardisation;
-
may support projects of common interest supported by Member States,
which are identified in the framework of the guidelines referred to in
the first indent, particularly through feasibility studies, loan
guarantees or interest-rate subsidies; the Community may also
contribute, through the Cohesion Fund set up pursuant to Article 161,
to the financing of specific projects in Member States in the area of
transport infrastructure. The Community's activities shall take into account the potential economic viability of the projects.
2. Member
States shall, in liaison with the Commission, coordinate among
themselves the policies pursued at national level which may have a
significant impact on the achievement of the objectives referred to in
Article 154. The Commission may, in close cooperation with the Member
State, take any useful initiative to promote such coordination. 3. The Community may decide to cooperate with third
countries to promote projects of mutual interest and to ensure the
interoperability of networks.
Article 156 (ex Article 129d)
The
guidelines and other measures referred to in Article 155(1) shall be
adopted by the Council, acting in accordance with the procedure
referred to in Article 251 and after consulting the Economic and Social
Committee and the Committee of the Regions. Guidelines and projects of common interest which relate to the territory of a Member State shall require the approval of the
Member State concerned.
TITLE XVI (ex Title XIII)
INDUSTRY
Article 157 (ex Article 130)
1. The
Community and the Member States shall ensure that the conditions
necessary for the competitiveness of the Community's industry exist. For that purpose, in accordance with a system of open and competitive markets, their action shall be aimed at:
- speeding up the adjustment of industry to structural changes;
-
encouraging an environment favourable to initiative and to the
development of undertakings throughout the Community, particularly
small and medium-sized undertakings; - encouraging an environment favourable to cooperation between undertakings;
- fostering better exploitation of the industrial potential of policies of innovation, research and technological development.
2. The Member States shall consult each other in liaison with the Commission and, where necessary, shall coordinate their
action. The Commission may take any useful initiative to promote such coordination.
3. The
Community shall contribute to the achievement of the objectives set out
in paragraph 1 through the policies and activities it pursues under
other provisions of this Treaty. The Council, acting unanimously on a
proposal from the Commission, after consulting the European Parliament
and the Economic and Social Committee, may decide on specific measures
in support of action taken in the Member States to achieve the
objectives set out in paragraph 1. This Title shall not provide a basis for the introduction by the Community of any measure which could lead to a distortion
of competition.
TITLE XVII (ex Title XIV)
ECONOMIC AND SOCIAL COHESION
Article 158 (ex Article 130a)
In order to promote its overall harmonious development, the Community shall develop and pursue its actions leading to the
strengthening of its economic and social cohesion.
In particular, the Community shall aim at reducing disparities between the levels of development of the various regions and
the backwardness of the least favoured regions or islands, including rural areas.
Article 159 (ex Article 130b)
Member
States shall conduct their economic policies and shall coordinate them
in such a way as, in addition, to attain the objectives set out in
Article 158. The formulation and implementation of the Community's
policies and actions and the implementation of the internal market
shall take into account the objectives set out in Article 158 and shall
contribute to their achievement. The Community shall also support the
achievement of these objectives by the action it takes through the
Structural Funds (European Agricultural Guidance and Guarantee Fund,
Guidance Section; European Social Fund; European Regional Development
Fund), the European Investment Bank and the other existing financial
instruments. The Commission shall submit a report to the European
Parliament, the Council, the Economic and Social Committee and the
Committee of the Regions every three years on the progress made towards
achieving economic and social cohesion and on the manner in which the
various means provided for in this Article have contributed to it. This
report shall, if necessary, be accompanied by appropriate proposals. If specific actions prove necessary outside the Funds
and without prejudice to the measures decided upon within the framework
of the other Community policies, such actions may be adopted by the
Council acting unanimously on a proposal from the Commission and after
consulting the European Parliament, the Economic and Social Committee
and the Committee of the Regions.
Article 160 (ex Article 130c)
The
European Regional Development Fund is intended to help to redress the
main regional imbalances in the Community through participation in the
development and structural adjustment of regions whose development is
lagging behind and in the conversion of declining industrial regions.
Article 161 (ex Article 130d)
Without
prejudice to Article 162, the Council, acting unanimously on a proposal
from the Commission and after obtaining the assent of the European
Parliament and consulting the Economic and Social Committee and the
Committee of the Regions, shall define the tasks, priority objectives
and the organisation of the Structural Funds, which may involve
grouping the Funds. The Council, acting by the same procedure, shall
also define the general rules applicable to them and the provisions
necessary to ensure their effectiveness and the coordination of the
Funds with one another and with the other existing financial
instruments. A Cohesion Fund set up by the Council in accordance with the same procedure shall provide a financial contribution to projects
in the fields of environment and trans-European networks in the area of transport infrastructure.
Article 162 (ex Article 130e)
Implementing decisions relating to the European Regional Development Fund shall be taken by the Council, acting in accordance
with the procedure referred to in Article 251 and after consulting the Economic and Social Committee and the Committee of
the Regions.
With regard to the European Agricultural Guidance and Guarantee Fund, Guidance Section, and the European Social Fund, Articles
37 and 148 respectively shall continue to apply.
TITLE XVIII (ex Title XV)
RESEARCH AND TECHNOLOGICAL DEVELOPMENT
Article 163 (ex Article 130f)
1. The
Community shall have the objective of strengthening the scientific and
technological bases of Community industry and encouraging it to become
more competitive at international level, while promoting all the
research activities deemed necessary by virtue of other Chapters of
this Treaty. 2. For this purpose the Community shall, throughout
the Community, encourage undertakings, including small and medium-sized
undertakings, research centres and universities in their research and
technological development activities of high quality; it shall support
their efforts to cooperate with one another, aiming, notably, at
enabling undertakings to exploit the internal market potential to the
full, in particular through the opening-up of national public
contracts, the definition of common standards and the removal of legal
and fiscal obstacles to that cooperation. 3. All Community activities under this Treaty in
the area of research and technological development, including
demonstration projects, shall be decided on and implemented in
accordance with the provisions of this Title.
Article 164 (ex Article 130g)
In pursuing these objectives, the Community shall carry out the following activities, complementing the activities carried
out in the Member States:
(a) implementation of research, technological development and demonstration programmes, by promoting cooperation with and
between undertakings, research centres and universities;
(b)
promotion of cooperation in the field of Community research,
technological development and demonstration with third countries and
international organisations; (c) dissemination and optimisation of the results of
activities in Community research, technological development and
demonstration; (d) stimulation of the training and mobility of researchers in the Community.
Article 165 (ex Article 130h)
1. The
Community and the Member States shall coordinate their research and
technological development activities so as to ensure that national
policies and Community policy are mutually consistent. 2. In close cooperation with the Member State, the
Commission may take any useful initiative to promote the coordination
referred to in paragraph 1.
Article 166 (ex Article 130i)
1. A
multiannual framework programme, setting out all the activities of the
Community, shall be adopted by the Council, acting in accordance with
the procedure referred to in Article 251 after consulting the Economic
and Social Committee. The framework programme shall:
- establish the scientific and technological objectives to be achieved by the activities provided for in Article 164 and fix
the relevant priorities;
- indicate the broad lines of such activities;
- fix the maximum overall amount and the detailed rules for Community financial participation in the framework programme and
the respective shares in each of the activities provided for.
2. The framework programme shall be adapted or supplemented as the situation changes.
3. The
framework programme shall be implemented through specific programmes
developed within each activity. Each specific programme shall define
the detailed rules for implementing it, fix its duration and provide
for the means deemed necessary. The sum of the amounts deemed
necessary, fixed in the specific programmes, may not exceed the overall
maximum amount fixed for the framework programme and each activity. 4. The Council, acting by a qualified majority on a
proposal from the Commission and after consulting the European
Parliament and the Economic and Social Committee, shall adopt the
specific programmes.
Article 167 (ex Article 130j)
For the implementation of the multiannual framework programme the Council shall:
- determine the rules for the participation of undertakings, research centres and universities;
- lay down the rules governing the dissemination of research results.
Article 168 (ex Article 130k)
In implementing the multiannual framework programme, supplementary programmes may be decided on involving the participation
of certain Member States only, which shall finance them subject to possible Community participation.
The Council shall adopt the rules applicable to supplementary programmes, particularly as regards the dissemination of knowledge
and access by other Member States.
Article 169 (ex Article 130l)
In
implementing the multiannual framework programme the Community may make
provision, in agreement with the Member States concerned, for
participation in research and development programmes undertaken by
several Member States, including participation in the structures
created for the execution of those programmes.
Article 170 (ex Article 130m)
In implementing the multiannual framework programme the Community may make provision for cooperation in Community research,
technological development and demonstration with third countries or international organisations.
The detailed arrangements for such cooperation may be the subject of agreements between the Community and the third parties
concerned, which shall be negotiated and concluded in accordance with Article 300.
Article 171 (ex Article 130n)
The Community may set up joint undertakings or any other structure necessary for the efficient execution of Community research,
technological development and demonstration programmes.
Article 172 (ex Article 130o)
The Council, acting by qualified majority on a proposal from the Commission and after consulting the European Parliament and
the Economic and Social Committee, shall adopt the provisions referred to in Article 171.
The
Council, acting in accordance with the procedure referred to in Article
251 and after consulting the Economic and Social Committee, shall adopt
the provisions referred to in Articles 167, 168 and 169. Adoption of
the supplementary programmes shall require the agreement of the Member
States concerned.
Article 173 (ex Article 130p)
At
the beginning of each year the Commission shall send a report to the
European Parliament and the Council. The report shall include
information on research and technological development activities and
the dissemination of results during the previous year, and the work
programme for the current year.
TITLE XIX (ex Title XVI)
ENVIRONMENT
Article 174 (ex Article 130r)
1. Community policy on the environment shall contribute to pursuit of the following objectives:
- preserving, protecting and improving the quality of the environment;
- protecting human health;
- prudent and rational utilisation of natural resources;
- promoting measures at international level to deal with regional or worldwide environmental problems.
2. Community
policy on the environment shall aim at a high level of protection
taking into account the diversity of situations in the various regions
of the Community. It shall be based on the precautionary principle and
on the principles that preventive action should be taken, that
environmental damage should as a priority be rectified at source and
that the polluter should pay. In this context, harmonisation measures answering environmental protection requirements shall include, where appropriate,
a safeguard clause allowing Member States to take provisional measures, for non-economic environmental reasons, subject to
a Community inspection procedure.
3. In preparing its policy on the environment, the Community shall take account of:
- available scientific and technical data;
- environmental conditions in the various regions of the Community;
- the potential benefits and costs of action or lack of action;
- the economic and social development of the Community as a whole and the balanced development of its regions.
4. Within
their respective spheres of competence, the Community and the Member
States shall cooperate with third countries and with the competent
international organisations. The arrangements for Community cooperation
may be the subject of agreements between the Community and the third
parties concerned, which shall be negotiated and concluded in
accordance with Article 300. The previous subparagraph shall be without prejudice to Member States' competence to negotiate in international bodies and
to conclude international agreements.
Article 175 (ex Article 130s)
1. The
Council, acting in accordance with the procedure referred to in Article
251 and after consulting the Economic and Social Committee and the
Committee of the Regions, shall decide what action is to be taken by
the Community in order to achieve the objectives referred to in Article
174. 2. By way of derogation from the decision-making
procedure provided for in paragraph 1 and without prejudice to Article
95, the Council, acting unanimously on a proposal from the Commission
and after consulting the European Parliament, the Economic and Social
Committee and the Committee of the Regions, shall adopt: - provisions primarily of a fiscal nature;
- measures concerning town and country planning, land use with the exception of waste management and measures of a general
nature, and management of water resources;
- measures significantly affecting a Member State's choice between different energy sources and the general structure of its
energy supply.
The
Council may, under the conditions laid down in the preceding
subparagraph, define those matters referred to in this paragraph on
which decisions are to be taken by a qualified majority. 3. In other areas, general action programmes
setting out priority objectives to be attained shall be adopted by the
Council, acting in accordance with the procedure referred to in
Article 251 and after consulting the Economic and Social Committee
and the Committee of the Regions. The Council, acting under the terms of paragraph 1 or paragraph 2 according to the case, shall adopt the measures necessary
for the implementation of these programmes.
4. Without
prejudice to certain measures of a Community nature, the Member States
shall finance and implement the environment policy. 5. Without prejudice to the principle that the
polluter should pay, if a measure based on the provisions of paragraph
1 involves costs deemed disproportionate for the public authorities of
a Member State, the Council shall, in the act adopting that measure,
lay down appropriate provisions in the form of: - temporary derogations, and/or
- financial support from the Cohesion Fund set up pursuant to Article 161.
Article 176 (ex Article 130t)
The
protective measures adopted pursuant to Article 175 shall not prevent
any Member State from maintaining or introducing more stringent
protective measures. Such measures must be compatible with this Treaty.
They shall be notified to the Commission.
TITLE XX (ex Title XVII)
DEVELOPMENT COOPERATION
Article 177 (ex Article 130u)
1. Community policy in the sphere of development cooperation, which shall be complementary to the policies pursued by the
Member States, shall foster:
- the sustainable economic and social development of the developing countries, and more particularly the most disadvantaged
among them;
- the smooth and gradual integration of the developing countries into the world economy;
- the campaign against poverty in the developing countries.
2. Community
policy in this area shall contribute to the general objective of
developing and consolidating democracy and the rule of law, and to that
of respecting human rights and fundamental freedoms. 3. The Community and the Member States shall comply
with the commitments and take account of the objectives they have
approved in the context of the United Nations and other competent
international organisations.
Article 178 (ex Article 130v)
The Community shall take account of the objectives referred to in Article 177 in the policies that it implements which are
likely to affect developing countries.
Article 179 (ex Article 130w)
1. Without prejudice to the other provisions of this Treaty, the Council, acting in accordance with the procedure referred
to in Article 251, shall adopt the measures necessary to further the objectives referred to in Article 177. Such measures
may take the form of multiannual programmes.
2. The
European Investment Bank shall contribute, under the terms laid down in
its Statute, to the implementation of the measures referred to in
paragraph 1. 3. The provisions of this Article shall not affect
cooperation with the African, Caribbean and Pacific countries in the
framework of the ACP-EC Convention.
Article 180 (ex Article 130x)
1. The
Community and the Member States shall coordinate their policies on
development cooperation and shall consult each other on their aid
programmes, including in international organisations and during
international conferences. They may undertake joint action. Member
States shall contribute if necessary to the implementation of Community
aid programmes. 2. The Commission may take any useful initiative to promote the coordination referred to in paragraph 1.
Article 181 (ex Article 130y)
Within
their respective spheres of competence, the Community and the Member
States shall cooperate with third countries and with the competent
international organisations. The arrangements for Community cooperation
may be the subject of agreements between the Community and the third
parties concerned, which shall be negotiated and concluded in
accordance with Article 300. The previous paragraph shall be without prejudice to Member States' competence to negotiate in international bodies and to
conclude international agreements.
PART FOUR
ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES
Article 182 (ex Article 131)
The
Member States agree to associate with the Community the non-European
countries and territories which have special relations with Denmark,
France, the Netherlands and the United Kingdom. These countries and
territories (hereinafter called the ‘countries and territories’) are
listed in Annex II to this Treaty. The purpose of association shall be to promote the economic and social development of the countries and territories and to
establish close economic relations between them and the Community as a whole.
In
accordance with the principles set out in the Preamble to this Treaty,
association shall serve primarily to further the interests and
prosperity of the inhabitants of these countries and territories in
order to lead them to the economic, social and cultural development to
which they aspire.
Article 183 (ex Article 132)
Association shall have the following objectives.
(1) Member States shall apply to their trade with the countries and territories the same treatment as they accord each other
pursuant to this Treaty.
(2) Each country or territory shall apply to its trade with Member States and with the other countries and territories the
same treatment as that which it applies to the European State with which is has special relations.
(3) The Member States shall contribute to the investments required for the progressive development of these countries and
territories.
(4) For investments financed by the Community, participation in tenders and supplies shall be open on equal terms to all natural
and legal persons who are nationals of a Member State or of one of the countries and territories.
(5)
In relations between Member States and the countries and territories
the right of establishment of nationals and companies or firms shall be
regulated in accordance with the provisions and procedures laid down in
the Chapter relating to the right of establishment and on a
non-discriminatory basis, subject to any special provisions laid down
pursuant to Article 187.
Article 184 (ex Article 133)
1. Customs
duties on imports into the Member States of goods originating in the
countries and territories shall be prohibited in conformity with the
prohibition of customs duties between Member States in accordance with
the provisions of this Treaty. 2. Customs duties on imports into each country or territory from Member States or from the other countries or territories
shall be prohibited in accordance with the provisions of Article 25.
3. The
countries and territories may, however, levy customs duties which meet
the needs of their development and industrialisation or produce revenue
for their budgets. The duties referred to in the preceding subparagraph may not exceed the level of those imposed on imports of products from
the Member State with which each country or territory has special relations.
4. Paragraph 2 shall not apply to countries and territories which, by reason of the particular international obligations by
which they are bound, already apply a non-discriminatory customs tariff.
5. The introduction of or any change in customs duties imposed on goods imported into the countries and territories shall
not, either in law or in fact, give rise to any direct or indirect discrimination between imports from the various Member
States.
Article 185 (ex Article 134)
If
the level of the duties applicable to goods from a third country on
entry into a country or territory is liable, when the provisions of
Article 184(1) have been applied, to cause deflections of trade to the
detriment of any Member State, the latter may request the Commission to
propose to the other Member States the measures needed to remedy the
situation.
Article 186 (ex Article 135)
Subject
to the provisions relating to public health, public security or public
policy, freedom of movement within Member States for workers from the
countries and territories, and within the countries and territories for
workers from Member States, shall be governed by agreements to be
concluded subsequently with the unanimous approval of Member States.
Article 187 (ex Article 136)
The
Council, acting unanimously, shall, on the basis of the experience
acquired under the association of the countries and territories with
the Community and of the principles set out in this Treaty, lay down
provisions as regards the detailed rules and the procedure for the
association of the countries and territories with the Community.
Article 188 (ex Article 136a)
The provisions of Articles 182 to 187 shall apply to Greenland, subject to the specific provisions for Greenland set out in
the Protocol on special arrangements for Greenland, annexed to this Treaty.
PART FIVE
INSTITUTIONS OF THE COMMUNITY
TITLE I
PROVISIONS GOVERNING THE INSTITUTIONS
Chapter 1
The institutions
Section 1
The European Parliament
Article 189 (ex Article 137)
The European Parliament, which shall consist of representatives of the peoples of the States brought together in the Community,
shall exercise the powers conferred upon it by this Treaty.
The number of Members of the European Parliament shall not exceed seven hundred.
Article 190 (ex Article 138)
1. The representatives in the European Parliament of the peoples of the States brought together in the Community shall be
elected by direct universal suffrage.
2. The number of representatives elected in each Member State shall be as follows:
| |
|
| Belgium |
25 |
| Denmark |
16 |
| Germany |
99 |
| Greece |
25 |
| Spain |
64 |
| France |
87 |
| Ireland |
15 |
| Italy |
87 |
| Luxembourg |
6 |
| Netherlands |
31 |
| Austria |
21 |
| Portugal |
25 |
| Finland |
16 |
| Sweden |
22 |
| United Kingdom |
87. |
In the event of amendments to this paragraph, the number of representatives elected in each Member State must ensure appropriate
representation of the peoples of the States brought together in the Community.
3. Representatives shall be elected for a term of five years.
4. The European Parliament shall draw up a proposal for elections by direct universal suffrage in accordance with a uniform
procedure in all Member States or in accordance with principles common to all Member States.
The
Council shall, acting unanimously after obtaining the assent of the
European Parliament, which shall act by a majority of its component
members, lay down the appropriate provisions, which it shall recommend
to Member States for adoption in accordance with their respective
constitutional requirements. 5. The European Parliament shall, after seeking an opinion from the Commission and with the approval of the Council acting
unanimously, lay down the regulations and general conditions governing the performance of the duties of its Members.
Article 191 (ex Article 138a)
Political parties at European level are important as a factor for integration within the Union. They contribute to forming
a European awareness and to expressing the political will of the citizens of the Union.
Article 192 (ex Article 138b)
Insofar as provided in this Treaty, the European Parliament shall participate in the process leading up to the adoption of
Community acts by exercising its powers under the procedures laid down in Articles 251 and 252 and by giving its assent or
delivering advisory opinions.
The European Parliament may, acting by a majority of its Members, request the Commission to submit any appropriate proposal
on matters on which it considers that a Community act is required for the purpose of implementing this Treaty.
Article 193 (ex Article 138c)
In
the course of its duties, the European Parliament may, at the request
of a quarter of its Members, set up a temporary Committee of Inquiry to
investigate, without prejudice to the powers conferred by this Treaty
on other institutions or bodies, alleged contraventions or
maladministration in the implementation of Community law, except where
the alleged facts are being examined before a court and while the case
is still subject to legal proceedings. The temporary Committee of Inquiry shall cease to exist on the submission of its report.
The detailed provisions governing the exercise of the right of inquiry shall be determined by common accord of the European
Parliament, the Council and the Commission.
Article 194 (ex Article 138d)
Any
citizen of the Union, and any natural or legal person residing or
having its registered office in a Member State, shall have the right to
address, individually or in association with other citizens or persons,
a petition to the European Parliament on a matter which comes within
the Community's fields of activity and which affects him, her or it
directly.
Article 195 (ex Article 138e)
1. The
European Parliament shall appoint an Ombudsman empowered to receive
complaints from any citizen of the Union or any natural or legal person
residing or having its registered office in a Member State concerning
instances of maladministration in the activities of the Community
institutions or bodies, with the exception of the Court of Justice and
the Court of First Instance acting in their judicial role. In accordance with his duties, the Ombudsman shall
conduct inquiries for which he finds grounds, either on his own
initiative or on the basis of complaints submitted to him direct or
through a Member of the European Parliament, except where the alleged
facts are or have been the subject of legal proceedings. Where the
Ombudsman establishes an instance of maladministration, he shall refer
the matter to the institution concerned, which shall have a period of
three months in which to inform him of its views. The Ombudsman shall
then forward a report to the European Parliament and the institution
concerned. The person lodging the complaint shall be informed of the
outcome of such inquiries. The Ombudsman shall submit an annual report to the European Parliament on the outcome of his inquiries.
2. The Ombudsman shall be appointed after each election of the European Parliament for the duration of its term of office.
The Ombudsman shall be eligible for reappointment.
The Ombudsman may be dismissed by the Court of Justice at the request of the European Parliament if he no longer fulfils the
conditions required for the performance of his duties or if he is guilty of serious misconduct.
3. The
Ombudsman shall be completely independent in the performance of his
duties. In the performance of those duties he shall neither seek nor
take instructions from any body. The Ombudsman may not, during his term
of office, engage in any other occupation, whether gainful or not. 4. The European Parliament shall, after seeking an
opinion from the Commission and with the approval of the Council acting
by a qualified majority, lay down the regulations and general
conditions governing the performance of the Ombudsman's duties.
Article 196 (ex Article 139)
The European Parliament shall hold an annual session. It shall meet, without requiring to be convened, on the second Tuesday
in March.
The European Parliament may meet in extraordinary session at the request of a majority of its Members or at the request of
the Council or of the Commission.
Article 197 (ex Article 140)
The European Parliament shall elect its President and its officers from among its Members.
Members of the Commission may attend all meetings and shall, at their request, be heard on behalf of the Commission.
The Commission shall reply orally or in writing to questions put to it by the European Parliament or by its Members.
The Council shall be heard by the European Parliament in accordance with the conditions laid down by the Council in its Rules
of Procedure.
Article 198 (ex Article 141)
Save as otherwise provided in this Treaty, the European Parliament shall act by an absolute majority of the votes cast.
The Rules of Procedure shall determine the quorum.
Article 199 (ex Article 142)
The European Parliament shall adopt its Rules of Procedure, acting by a majority of its Members.
The proceedings of the European Parliament shall be published in the manner laid down in its Rules of Procedure.
Article 200 (ex Article 143)
The European Parliament shall discuss in open session the annual general report submitted to it by the Commission.
Article 201 (ex Article 144)
If a motion of censure on the activities of the Commission is tabled before it, the European Parliament shall not vote thereon
until at least three days after the motion has been tabled and only by open vote.
If
the motion of censure is carried by a two-thirds majority of the votes
cast, representing a majority of the Members of the European
Parliament, the Members of the Commission shall resign as a body. They
shall continue to deal with current business until they are replaced in
accordance with Article 214. In this case, the term of office of the
Members of the Commission appointed to replace them shall expire on the
date on which the term of office of the Members of the Commission
obliged to resign as a body would have expired.
Article 202 (ex Article 145)
To ensure that the objectives set out in this Treaty are attained the Council shall, in accordance with the provisions of
this Treaty:
- ensure coordination of the general economic policies of the Member States;
- have power to take decisions;
-
confer on the Commission, in the acts which the Council adopts, powers
for the implementation of the rules which the Council lays down. The
Council may impose certain requirements in respect of the exercise of
these powers. The Council may also reserve the right, in specific
cases, to exercise directly implementing powers itself. The procedures
referred to above must be consonant with principles and rules to be
laid down in advance by the Council, acting unanimously on a proposal
from the Commission and after obtaining the Opinion of the European
Parliament.
Article 203 (ex Article 146)
The Council shall consist of a representative of each Member State at ministerial level, authorised to commit the government
of that Member State.
The office of President shall be held in turn by each Member State in the Council for a term of six months in the order decided
by the Council acting unanimously.
Article 204 (ex Article 147)
The Council shall meet when convened by its President on his own initiative or at the request of one of its members or of
the Commission.
Article 205 (ex Article 148)
1. Save as otherwise provided in this Treaty, the Council shall act by a majority of its members.
2. Where the Council is required to act by a qualified majority, the votes of its members shall be weighted as follows:
| |
|
| Belgium |
5 |
| Denmark |
3 |
| Germany |
10 |
| Greece |
5 |
| Spain |
8 |
| France |
10 |
| Ireland |
3 |
| Italy |
10 |
| Luxembourg |
2 |
| Netherlands |
5 |
| Austria |
4 |
| Portugal |
5 |
| Finland |
3 |
| Sweden |
4 |
| United Kingdom |
10. |
For their adoption, acts of the Council shall require at least:
- 62 votes in favour where this Treaty requires them to be adopted on a proposal from the Commission,
- 62 votes in favour, cast by at least 10 members, in other cases.
3. Abstentions
by members present in person or represented shall not prevent the
adoption by the Council of acts which require unanimity.
Article 206 (ex Article 150)
Where a vote is taken, any member of the Council may also act on behalf of not more than one other member.
Article 207 (ex Article 151)
1. A committee consisting of the Permanent Representatives of the Member States shall be responsible for preparing the work
of the Council and for carrying out the tasks assigned to it by the Council. The Committee may adopt procedural decisions
in cases provided for in the Council's Rules of Procedure.
2. The
Council shall be assisted by a General Secretariat, under the
responsibility of a Secretary-General, High Representative for the
common foreign and security policy, who shall be assisted by a Deputy
Secretary-General responsible for the running of the General
Secretariat. The Secretary-General and the Deputy Secretary-General
shall be appointed by the Council acting unanimously. The Council shall decide on the organisation of the General Secretariat.
3. The Council shall adopt its Rules of Procedure.
For
the purpose of applying Article 255(3), the Council shall elaborate in
these Rules the conditions under which the public shall have access to
Council documents. For the purpose of this paragraph, the Council shall
define the cases in which it is to be regarded as acting in its
legislative capacity, with a view to allowing greater access to
documents in those cases, while at the same time preserving the
effectiveness of its decision-making process. In any event, when the
Council acts in its legislative capacity, the results of votes and
explanations of vote as well as statements in the minutes shall be made
public.
Article 208 (ex Article 152)
The Council may request the Commission to undertake any studies the Council considers desirable for the attainment of the
common objectives, and to submit to it any appropriate proposals.
Article 209 (ex Article 153)
The Council shall, after receiving an opinion from the Commission, determine the rules governing the committees provided for
in this Treaty.
Article 210 (ex Article 154)
The
Council shall, acting by a qualified majority, determine the salaries,
allowances and pensions of the President and Members of the Commission,
and of the President, Judges, Advocates-General and Registrar of the
Court of Justice. It shall also, again by a qualified majority,
determine any payment to be made instead of remuneration.
Article 211 (ex Article 155)
In order to ensure the proper functioning and development of the common market, the Commission shall:
- ensure that the provisions of this Treaty and the measures taken by the institutions pursuant thereto are applied;
- formulate recommendations or deliver opinions on matters dealt with in this Treaty, if it expressly so provides or if the
Commission considers it necessary;
- have its own power of decision and participate in the shaping of measures taken by the Council and by the European Parliament
in the manner provided for in this Treaty;
- exercise the powers conferred on it by the Council for the implementation of the rules laid down by the latter.
Article 212 (ex Article 156)
The Commission shall publish annually, not later than one month before the opening of the session of the European Parliament,
a general report on the activities of the Community.
Article 213 (ex Article 157)
1. The
Commission shall consist of 20 Members, who shall be chosen on the
grounds of their general competence and whose independence is beyond
doubt. The number of Members of the Commission may be altered by the Council, acting unanimously.
Only nationals of Member States may be Members of the Commission.
The Commission must include at least one national of each of the Member States, but may not include more than two Members
having the nationality of the same State.
2. The
Members of the Commission shall, in the general interest of the
Community, be completely independent in the performance of their
duties. In the performance of these duties, they shall neither seek nor take instructions from any government or from any other body.
They shall refrain from any action incompatible with their duties. Each Member State undertakes to respect this principle
and not to seek to influence the Members of the Commission in the performance of their tasks.
The
Members of the Commission may not, during their term of office, engage
in any other occupation, whether gainful or not. When entering upon
their duties they shall give a solemn undertaking that, both during and
after their term of office, they will respect the obligations arising
therefrom and in particular their duty to behave with integrity and
discretion as regards the acceptance, after they have ceased to hold
office, of certain appointments or benefits. In the event of any breach
of these obligations, the Court of Justice may, on application by the
Council or the Commission, rule that the Member concerned be, according
to the circumstances, either compulsorily retired in accordance with
Article 216 or deprived of his right to a pension or other benefits in
its stead.
Article 214 (ex Article 158)
1. The
Members of the Commission shall be appointed, in accordance with the
procedure referred to in paragraph 2, for a period of five years,
subject, if need be, to Article 201. Their term of office shall be renewable.
2. The governments of the Member States shall nominate by common accord the person they intend to appoint as President of
the Commission; the nomination shall be approved by the European Parliament.
The governments of the Member States shall, by common accord with the nominee for President, nominate the other persons whom
they intend to appoint as Members of the Commission.
The
President and the other Members of the Commission thus nominated shall
be subject as a body to a vote of approval by the European Parliament.
After approval by the European Parliament, the President and the other
Members of the Commission shall be appointed by common accord of the
governments of the Member States.
Article 215 (ex Article 159)
Apart from normal replacement, or death, the duties of a Member of the Commission shall end when he resigns or is compulsorily
retired.
The
vacancy thus caused shall be filled for the remainder of the Member's
term of office by a new Member appointed by common accord of the
governments of the Member States. The Council may, acting unanimously,
decide that such a vacancy need not be filled. In the event of resignation, compulsory retirement or death, the President shall be replaced for the remainder of his term
of office. The procedure laid down in Article 214(2) shall be applicable for the replacement of the President.
Save in the case of compulsory retirement under Article 216, Members of the Commission shall remain in office until they have
been replaced.
Article 216 (ex Article 160)
If
any Member of the Commission no longer fulfils the conditions required
for the performance of his duties or if he has been guilty of serious
misconduct, the Court of Justice may, on application by the Council or
the Commission, compulsorily retire him.
Article 217 (ex Article 161)
The Commission may appoint a Vice-President or two Vice-Presidents from among its Members.
Article 218 (ex Article 162)
1. The Council and the Commission shall consult each other and shall settle by common accord their methods of cooperation.
2. The Commission shall adopt its Rules of Procedure so as to ensure that both it and its departments operate in accordance
with the provisions of this Treaty. It shall ensure that these rules are published.
Article 219 (ex Article 163)
The Commission shall work under the political guidance of its President.
The Commission shall act by a majority of the number of Members provided for in Article 213.
A meeting of the Commission shall be valid only if the number of Members laid down in its Rules of Procedure is present.
Section 4
The Court of Justice
Article 220 (ex Article 164)
The Court of Justice shall ensure that in the interpretation and application of this Treaty the law is observed.
Article 221 (ex Article 165)
The Court of Justice shall consist of 15 Judges.
The Court of Justice shall sit in plenary session. It may, however, form chambers, each consisting of three, five or seven
Judges, either to undertake certain preparatory inquiries or to adjudicate on particular categories of cases in accordance
with rules laid down for these purposes.
The
Court of Justice shall sit in plenary session when a Member State or a
Community institution that is a party to the proceedings so requests. Should the Court of Justice so request, the Council may,
acting unanimously, increase the number of Judges and make the
necessary adjustments to the second and third paragraphs of this
Article and to the second paragraph of Article 223.
Article 222 (ex Article 166)
The Court of Justice shall be assisted by eight Advocates-General. However, a ninth Advocate-General shall be appointed as
from 1 January 1995 until 6 October 2000.
It shall be the duty of the Advocate-General, acting with complete impartiality and independence, to make, in open court,
reasoned submissions on cases brought before the Court of Justice, in order to assist the Court in the performance of the
task assigned to it in Article 220.
Should the Court of Justice so request, the Council may, acting unanimously, increase the number of Advocates-General and
make the necessary adjustments to the third paragraph of Article 223.
Article 223 (ex Article 167)
The
Judges and Advocates-General shall be chosen from persons whose
independence is beyond doubt and who possess the qualifications
required for appointment to the highest judicial offices in their
respective countries or who are jurisconsults of recognised competence;
they shall be appointed by common accord of the governments of the
Member States for a term of six years. Every three years there shall be a partial replacement of the Judges. Eight and seven Judges shall be replaced alternately.
Every three years there shall be a partial replacement of the Advocates-General. Four Advocates-General shall be replaced
on each occasion.
Retiring Judges and Advocates-General shall be eligible for reappointment.
The Judges shall elect the President of the Court of Justice from among their number for a term of three years. He may be
re-elected.
Article 224 (ex Article 168)
The Court of Justice shall appoint its Registrar and lay down the rules governing his service.
Article 225 (ex Article 168a)
1. A
Court of First Instance shall be attached to the Court of Justice with
jurisdiction to hear and determine at first instance, subject to a
right of appeal to the Court of Justice on points of law only and in
accordance with the conditions laid down by the Statute, certain
classes of action or proceeding defined in accordance with the
conditions laid down in paragraph 2. The Court of First Instance shall
not be competent to hear and determine questions referred for a
preliminary ruling under Article 234. 2. At the request of the Court of Justice and after
consulting the European Parliament and the Commission, the Council,
acting unanimously, shall determine the classes of action or proceeding
referred to in paragraph 1 and the composition of the Court of First
Instance and shall adopt the necessary adjustments and additional
provisions to the Statute of the Court of Justice. Unless the Council
decides otherwise, the provisions of this Treaty relating to the Court
of Justice, in particular the provisions of the Protocol on the Statute
of the Court of Justice, shall apply to the Court of First Instance. 3. The members of the Court of First Instance shall
be chosen from persons whose independence is beyond doubt and who
possess the ability required for appointment to judicial office; they
shall be appointed by common accord of the governments of the Member
States for a term of six years. The membership shall be partially
renewed every three years. Retiring members shall be eligible for
reappointment. 4. The Court of First Instance shall establish its Rules of Procedure in agreement with the Court of Justice. Those rules
shall require the unanimous approval of the Council.
Article 226 (ex Article 169)
If
the Commission considers that a Member State has failed to fulfil an
obligation under this Treaty, it shall deliver a reasoned opinion on
the matter after giving the State concerned the opportunity to submit
its observations. If the State concerned does not comply with the opinion within the period laid down by the Commission, the latter may bring
the matter before the Court of Justice.
Article 227 (ex Article 170)
A Member State which considers that another Member State has failed to fulfil an obligation under this Treaty may bring the
matter before the Court of Justice.
Before a Member State brings an action against another Member State for an alleged infringement of an obligation under this
Treaty, it shall bring the matter before the Commission.
The Commission shall deliver a reasoned opinion after each of the States concerned has been given the opportunity to submit
its own case and its observations on the other party's case both orally and in writing.
If the Commission has not delivered an opinion within three months of the date on which the matter was brought before it,
the absence of such opinion shall not prevent the matter from being brought before the Court of Justice.
Article 228 (ex Article 171)
1. If the Court of Justice finds that a Member State has failed to fulfil an obligation under this Treaty, the State shall
be required to take the necessary measures to comply with the judgment of the Court of Justice.
2. If
the Commission considers that the Member State concerned has not taken
such measures it shall, after giving that State the opportunity to
submit its observations, issue a reasoned opinion specifying the points
on which the Member State concerned has not complied with the judgment
of the Court of Justice. If the Member State concerned fails to take the
necessary measures to comply with the Court's judgment within the
time-limit laid down by the Commission, the latter may bring the case
before the Court of Justice. In so doing it shall specify the amount of
the lump sum or penalty payment to be paid by the Member State
concerned which it considers appropriate in the circumstances. If the Court of Justice finds that the Member State concerned has not complied with its judgment it may impose a lump sum
or penalty payment on it.
This procedure shall be without prejudice to Article 227.
Article 229 (ex Article 172)
Regulations
adopted jointly by the European Parliament and the Council, and by the
Council, pursuant to the provisions of this Treaty, may give the Court
of Justice unlimited jurisdiction with regard to the penalties provided
for in such regulations.
Article 230 (ex Article 173)
The
Court of Justice shall review the legality of acts adopted jointly by
the European Parliament and the Council, of acts of the Council, of the
Commission and of the ECB, other than recommendations and opinions, and
of acts of the European Parliament intended to produce legal effects
vis-à-vis third parties. It shall for this purpose have jurisdiction in actions brought by a Member State, the Council or the Commission on grounds
of lack of competence, infringement of an essential procedural requirement, infringement of this Treaty or of any rule of
law relating to its application, or misuse of powers.
The Court of Justice shall have jurisdiction under the same conditions in actions brought by the European Parliament, by the
Court of Auditors and by the ECB for the purpose of protecting their prerogatives.
Any natural or legal person may, under the same conditions, institute proceedings against a decision addressed to that person
or against a decision which, although in the form of a regulation or a decision addressed to another person, is of direct
and individual concern to the former.
The proceedings provided for in this Article shall be instituted within two months of the publication of the measure, or of
its notification to the plaintiff, or, in the absence thereof, of the day on which it came to the knowledge of the latter,
as the case may be.
Article 231 (ex Article 174)
If the action is well founded, the Court of Justice shall declare the act concerned to be void.
In the case of a regulation, however, the Court of Justice shall, if it considers this necessary, state which of the effects
of the regulation which it has declared void shall be considered as definitive.
Article 232 (ex Article 175)
Should
the European Parliament, the Council or the Commission, in infringement
of this Treaty, fail to act, the Member States and the other
institutions of the Community may bring an action before the Court of
Justice to have the infringement established. The action shall be admissible only if the institution
concerned has first been called upon to act. If, within two months of
being so called upon, the institution concerned has not defined its
position, the action may be brought within a further period of two
months. Any natural or legal person may, under the conditions
laid down in the preceding paragraphs, complain to the Court of Justice
that an institution of the Community has failed to address to that
person any act other than a recommendation or an opinion. The Court of Justice shall have jurisdiction, under the same conditions, in actions or proceedings brought by the ECB in the
areas falling within the latter's field of competence and in actions or proceedings brought against the latter.
Article 233 (ex Article 176)
The institution or institutions whose act has been declared void or whose failure to act has been declared contrary to this
Treaty shall be required to take the necessary measures to comply with the judgment of the Court of Justice.
This obligation shall not affect any obligation which may result from the application of the second paragraph of Article 288.
This Article shall also apply to the ECB.
Article 234 (ex Article 177)
The Court of Justice shall have jurisdiction to give preliminary rulings concerning:
(a) the interpretation of this Treaty;
(b) the validity and interpretation of acts of the institutions of the Community and of the ECB;
(c) the interpretation of the statutes of bodies established by an act of the Council, where those statutes so provide.
Where such a question is raised before any court or tribunal of a Member State, that court or tribunal may, if it considers
that a decision on the question is necessary to enable it to give judgment, request the Court of Justice to give a ruling
thereon.
Where any such question is raised in a case pending before a court or tribunal of a Member State against whose decisions there
is no judicial remedy under national law, that court or tribunal shall bring the matter before the Court of Justice.
Article 235 (ex Article 178)
The
Court of Justice shall have jurisdiction in disputes relating to
compensation for damage provided for in the second paragraph of Article
288.
Article 236 (ex Article 179)
The Court of Justice shall have jurisdiction in any dispute between the Community and its servants within the limits and under
the conditions laid down in the Staff Regulations or the Conditions of Employment.
Article 237 (ex Article 180)
The Court of Justice shall, within the limits hereinafter laid down, have jurisdiction in disputes concerning:
(a) the fulfilment by Member States of obligations under the Statute of the European Investment Bank. In this connection,
the Board of Directors of the Bank shall enjoy the powers conferred upon the Commission by Article 226;
(b) measures adopted by the Board of Governors of the European Investment Bank. In this connection, any Member State, the
Commission or the Board of Directors of the Bank may institute proceedings under the conditions laid down in Article 230;
(c)
measures adopted by the Board of Directors of the European Investment
Bank. Proceedings against such measures may be instituted only by
Member States or by the Commission, under the conditions laid down in
Article 230, and solely on the grounds of non-compliance with the
procedure provided for in Article 21(2), (5), (6) and (7) of the
Statute of the Bank; (d) the fulfilment by national central banks of
obligations under this Treaty and the Statute of the ESCB. In this
connection the powers of the Council of the ECB in respect of national
central banks shall be the same as those conferred upon the Commission
in respect of Member States by Article 226. If the Court of Justice
finds that a national central bank has failed to fulfil an obligation
under this Treaty, that bank shall be required to take the necessary
measures to comply with the judgment of the Court of Justice.
Article 238 (ex Article 181)
The
Court of Justice shall have jurisdiction to give judgment pursuant to
any arbitration clause contained in a contract concluded by or on
behalf of the Community, whether that contract be governed by public or
private law.
Article 239 (ex Article 182)
The Court of Justice shall have jurisdiction in any dispute between Member States which relates to the subject matter of this
Treaty if the dispute is submitted to it under a special agreement between the parties.
Article 240 (ex Article 183)
Save where jurisdiction is conferred on the Court of Justice by this Treaty, disputes to which the Community is a party shall
not on that ground be excluded from the jurisdiction of the courts or tribunals of the Member States.
Article 241 (ex Article 184)
Notwithstanding
the expiry of the period laid down in the fifth paragraph of Article
230, any party may, in proceedings in which a regulation adopted
jointly by the European Parliament and the Council, or a regulation of
the Council, of the Commission, or of the ECB is at issue, plead the
grounds specified in the second paragraph of Article 230 in order to
invoke before the Court of Justice the inapplicability of that
regulation.
Article 242 (ex Article 185)
Actions brought before the Court of Justice shall not have suspensory effect. The Court of Justice may, however, if it considers
that circumstances so require, order that application of the contested act be suspended.
Article 243 (ex Article 186)
The Court of Justice may in any cases before it prescribe any necessary interim measures.
Article 244 (ex Article 187)
The judgments of the Court of Justice shall be enforceable under the conditions laid down in Article 256.
Article 245 (ex Article 188)
The Statute of the Court of Justice is laid down in a separate Protocol.
The Council may, acting unanimously at the request of the Court of Justice and after consulting the Commission and the European
Parliament, amend the provisions of Title III of the Statute.
The Court of Justice shall adopt its Rules of Procedure. These shall require the unanimous approval of the Council.
Section 5
The Court of Auditors
Article 246 (ex Article 188a)
The Court of Auditors shall carry out the audit.
Article 247 (ex Article 188b)
1. The Court of Auditors shall consist of 15 Members.
2. The
Members of the Court of Auditors shall be chosen from among persons who
belong or have belonged in their respective countries to external audit
bodies or who are especially qualified for this office. Their
independence must be beyond doubt. 3. The Members of the Court of Auditors shall be appointed for a term of six years by the Council, acting unanimously after
consulting the European Parliament.
The Members of the Court of Auditors shall be eligible for reappointment.
They shall elect the President of the Court of Auditors from among their number for a term of three years. The President may
be re-elected.
4. The Members of the Court of Auditors shall, in the general interest of the Community, be completely independent in the
performance of their duties.
In the performance of these duties, they shall neither seek nor take instructions from any government or from any other body.
They shall refrain from any action incompatible with their duties.
5. The
Members of the Court of Auditors may not, during their term of office,
engage in any other occupation, whether gainful or not. When entering
upon their duties they shall give a solemn undertaking that, both
during and after their term of office, they will respect the
obligations arising therefrom and in particular their duty to behave
with integrity and discretion as regards the acceptance, after they
have ceased to hold office, of certain appointments or benefits. 6. Apart from normal replacement, or death, the duties of a Member of the Court of Auditors shall end when he resigns, or
is compulsorily retired by a ruling of the Court of Justice pursuant to paragraph 7.
The vacancy thus caused shall be filled for the remainder of the Member's term of office.
Save
in the case of compulsory retirement, Members of the Court of Auditors
shall remain in office until they have been replaced. 7. A Member of the Court of Auditors may be
deprived of his office or of his right to a pension or other benefits
in its stead only if the Court of Justice, at the request of the Court
of Auditors, finds that he no longer fulfils the requisite conditions
or meets the obligations arising from his office. 8. The Council, acting by a qualified majority,
shall determine the conditions of employment of the President and the
Members of the Court of Auditors and in particular their salaries,
allowances and pensions. It shall also, by the same majority, determine
any payment to be made instead of remuneration. 9. The provisions of the Protocol on the privileges and immunities of the European Communities applicable to the Judges of
the Court of Justice shall also apply to the Members of the Court of Auditors.
Article 248 (ex Article 188c)
1. The
Court of Auditors shall examine the accounts of all revenue and
expenditure of the Community. It shall also examine the accounts of all
revenue and expenditure of all bodies set up by the Community insofar
as the relevant constituent instrument does not preclude such
examination. The Court of Auditors shall provide the European
Parliament and the Council with a statement of assurance as to the
reliability of the accounts and the legality and regularity of the
underlying transactions which shall be published in the Official
Journal of the European Communities. 2. The Court of Auditors shall examine whether all
revenue has been received and all expenditure incurred in a lawful and
regular manner and whether the financial management has been sound. In
doing so, it shall report in particular on any cases of irregularity. The audit of revenue shall be carried out on the basis both of the amounts established as due and the amounts actually paid
to the Community.
The audit of expenditure shall be carried out on the basis both of commitments undertaken and payments made.
These audits may be carried out before the closure of accounts for the financial year in question.
3. The
audit shall be based on records and, if necessary, performed on the
spot in the other institutions of the Community, on the premises of any
body which manages revenue or expenditure on behalf of the Community
and in the Member States, including on the premises of any natural or
legal person in receipt of payments from the budget. In the Member
States the audit shall be carried out in liaison with national audit
bodies or, if these do not have the necessary powers, with the
competent national departments. The Court of Auditors and the national
audit bodies of the Member States shall cooperate in a spirit of trust
while maintaining their independence. These bodies or departments shall
inform the Court of Auditors whether they intend to take part in the
audit. The other institutions of the Community, any bodies
managing revenue or expenditure on behalf of the Community, any natural
or legal person in receipt of payments from the budget, and the
national audit bodies or, if these do not have the necessary powers,
the competent national departments, shall forward to the Court of
Auditors, at its request, any document or information necessary to
carry out its task. In respect of the European Investment Bank's activity in
managing Community expenditure and revenue, the Court's rights of
access to information held by the Bank shall be governed by an
agreement between the Court, the Bank and the Commission. In the
absence of an agreement, the Court shall nevertheless have access to
information necessary for the audit of Community expenditure and
revenue managed by the Bank. 4. The Court of Auditors shall draw up an annual
report after the close of each financial year. It shall be forwarded to
the other institutions of the Community and shall be published,
together with the replies of these institutions to the observations of
the Court of Auditors, in the Official Journal of the European
Communities. The Court of Auditors may also, at any time, submit observations, particularly in the form of special reports, on specific
questions and deliver opinions at the request of one of the other institutions of the Community.
It shall adopt its annual reports, special reports or opinions by a majority of its Members.
It shall assist the European Parliament and the Council in exercising their powers of control over the implementation of the
budget.
Chapter 2
Provisions common to several institutions
Article 249 (ex Article 189)
In
order to carry out their task and in accordance with the provisions of
this Treaty, the European Parliament acting jointly with the Council,
the Council and the Commission shall make regulations and issue
directives, take decisions, make recommendations or deliver opinions. A regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States.
A directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall
leave to the national authorities the choice of form and methods.
A decision shall be binding in its entirety upon those to whom it is addressed.
Recommendations and opinions shall have no binding force.
Article 250 (ex Article 189a)
1. Where, in pursuance of this Treaty, the Council acts on a proposal from the Commission, unanimity shall be required for
an act constituting an amendment to that proposal, subject to Article 251(4) and (5).
2. As long as the Council has not acted, the Commission may alter its proposal at any time during the procedures leading to
the adoption of a Community act.
Article 251 (ex Article 189b)
1. Where reference is made in this Treaty to this Article for the adoption of an act, the following procedure shall apply.
2. The Commission shall submit a proposal to the European Parliament and the Council.
The Council, acting by a qualified majority after obtaining the opinion of the European Parliament,
- if it approves all the amendments contained in the European Parliament's opinion, may adopt the proposed act thus amended;
- if the European Parliament does not propose any amendments, may adopt the proposed act;
-
shall otherwise adopt a common position and communicate it to the
European Parliament. The Council shall inform the European Parliament
fully of the reasons which led it to adopt its common position. The
Commission shall inform the European Parliament fully of its position. If, within three months of such communication, the European Parliament:
(a) approves the common position or has not taken a decision, the act in question shall be deemed to have been adopted in
accordance with that common position;
(b) rejects, by an absolute majority of its component members, the common position, the proposed act shall be deemed not to
have been adopted;
(c) proposes amendments to the common position by an absolute majority of its component members, the amended text shall be
forwarded to the Council and to the Commission, which shall deliver an opinion on those amendments.
3. If,
within three months of the matter being referred to it, the Council,
acting by a qualified majority, approves all the amendments of the
European Parliament, the act in question shall be deemed to have been
adopted in the form of the common position thus amended; however, the
Council shall act unanimously on the amendments on which the Commission
has delivered a negative opinion. If the Council does not approve all
the amendments, the President of the Council, in agreement with the
President of the European Parliament, shall within six weeks convene a
meeting of the Conciliation Committee. 4. The Conciliation Committee, which shall be
composed of the members of the Council or their representatives and an
equal number of representatives of the European Parliament, shall have
the task of reaching agreement on a joint text, by a qualified majority
of the members of the Council or their representatives and by a
majority of the representatives of the European Parliament. The
Commission shall take part in the Conciliation Committee's proceedings
and shall take all the necessary initiatives with a view to reconciling
the positions of the European Parliament and the Council. In fulfilling
this task, the Conciliation Committee shall address the common position
on the basis of the amendments proposed by the European Parliament. 5. If, within six weeks of its being convened, the
Conciliation Committee approves a joint text, the European Parliament,
acting by an absolute majority of the votes cast, and the Council,
acting by a qualified majority, shall each have a period of six weeks
from that approval in which to adopt the act in question in accordance
with the joint text. If either of the two institutions fails to approve
the proposed act within that period, it shall be deemed not to have
been adopted. 6. Where the Conciliation Committee does not
approve a joint text, the proposed act shall be deemed not to have been
adopted. 7. The periods of three months and six weeks
referred to in this Article shall be extended by a maximum of one month
and two weeks respectively at the initiative of the European Parliament
or the Council.
Article 252 (ex Article 189c)
Where reference is made in this Treaty to this Article for the adoption of an act, the following procedure shall apply:
(a)
The Council, acting by a qualified majority on a proposal from the
Commission and after obtaining the opinion of the European Parliament,
shall adopt a common position. (b) The Council's common position shall be communicated
to the European Parliament. The Council and the Commission shall inform
the European Parliament fully of the reasons which led the Council to
adopt its common position and also of the Commission's position. If, within three months of such communication, the European Parliament approves this common position or has not taken a decision
within that period, the Council shall definitively adopt the act in question in accordance with the common position.
(c)
The European Parliament may, within the period of three months referred
to in point (b), by an absolute majority of its component Members,
propose amendments to the Council's common position. The European
Parliament may also, by the same majority, reject the Council's common
position. The result of the proceedings shall be transmitted to the
Council and the Commission. If the European Parliament has rejected the Council's common position, unanimity shall be required for the Council to act
on a second reading.
(d) The Commission shall, within a period of one month, re-examine the proposal on the basis of which the Council adopted
its common position, by taking into account the amendments proposed by the European Parliament.
The
Commission shall forward to the Council, at the same time as its
re-examined proposal, the amendments of the European Parliament which
it has not accepted, and shall express its opinion on them. The Council
may adopt these amendments unanimously. (e) The Council, acting by a qualified majority, shall adopt the proposal as re-examined by the Commission.
Unanimity shall be required for the Council to amend the proposal as re-examined by the Commission.
(f) In the cases referred to in points (c), (d) and (e), the Council shall be required to act within a period of three months.
If no decision is taken within this period, the Commission proposal shall be deemed not to have been adopted.
(g) The periods referred to in points (b) and (f) may be extended by a maximum of one month by common accord between the Council
and the European Parliament.
Article 253 (ex Article 190)
Regulations,
directives and decisions adopted jointly by the European Parliament and
the Council, and such acts adopted by the Council or the Commission,
shall state the reasons on which they are based and shall refer to any
proposals or opinions which were required to be obtained pursuant to
this Treaty.
Article 254 (ex Article 191)
1. Regulations,
directives and decisions adopted in accordance with the procedure
referred to in Article 251 shall be signed by the President of the
European Parliament and by the President of the Council and published
in the Official Journal of the European Communities. They shall enter
into force on the date specified in them or, in the absence thereof, on
the twentieth day following that of their publication. 2. Regulations of the Council and of the Commission, as well as directives of those institutions which are addressed to all
Member States, shall be published in the Official Journal of the European Communities. They shall enter into force on the
date specified in them or, in the absence thereof, on the twentieth day following that of their publication.
3. Other directives, and decisions, shall be notified to those to whom they are addressed and shall take effect upon such
notification.
Article 255 (ex Article 191a)
1. Any
citizen of the Union, and any natural or legal person residing or
having its registered office in a Member State, shall have a right of
access to European Parliament, Council and Commission documents,
subject to the principles and the conditions to be defined in
accordance with paragraphs 2 and 3. 2. General principles and limits on grounds of
public or private interest governing this right of access to documents
shall be determined by the Council, acting in accordance with the
procedure referred to in Article 251 within two years of the entry into
force of the Treaty of Amsterdam. 3. Each institution referred to above shall elaborate in its own Rules of Procedure specific provisions regarding access to
its documents.
Article 256 (ex Article 192)
Decisions
of the Council or of the Commission which impose a pecuniary obligation
on persons other than States, shall be enforceable. Enforcement shall be governed by the rules of civil
procedure in force in the State in the territory of which it is carried
out. The order for its enforcement shall be appended to the decision,
without other formality than verification of the authenticity of the
decision, by the national authority which the government of each Member
State shall designate for this purpose and shall make known to the
Commission and to the Court of Justice. When these formalities have been completed on application by the party concerned, the latter may proceed to enforcement in
accordance with the national law, by bringing the matter directly before the competent authority.
Enforcement may be suspended only by a decision of the Court of Justice. However, the courts of the country concerned shall
have jurisdiction over complaints that enforcement is being carried out in an irregular manner.
Chapter 3
The Economic and Social Committee
Article 257 (ex Article 193)
An Economic and Social Committee is hereby established. It shall have advisory status.
The
Committee shall consist of representatives of the various categories of
economic and social activity, in particular, representatives of
producers, farmers, carriers, workers, dealers, craftsmen, professional
occupations and representatives of the general public.
Article 258 (ex Article 194)
The number of members of the Economic and Social Committee shall be as follows:
| |
|
| Belgium |
12 |
| Denmark |
9 |
| Germany |
24 |
| Greece |
12 |
| Spain |
21 |
| France |
24 |
| Ireland |
9 |
| Italy |
24 |
| Luxembourg |
6 |
| Netherlands |
12 |
| Austria |
12 |
| Portugal |
12 |
| Finland |
9 |
| Sweden |
12 |
| United Kingdom |
24. |
The members of the Committee shall be appointed by the Council, acting unanimously, for four years. Their appointments shall
be renewable.
The
members of the Committee may not be bound by any mandatory
instructions. They shall be completely independent in the performance
of their duties, in the general interest of the Community. The Council, acting by a qualified majority, shall determine the allowances of members of the Committee.
Article 259 (ex Article 195)
1. For the appointment of the members of the Committee, each Member State shall provide the Council with a list containing
twice as many candidates as there are seats allotted to its nationals.
The composition of the Committee shall take account of the need to ensure adequate representation of the various categories
of economic and social activity.
2. The Council shall consult the Commission. It may obtain the opinion of European bodies which are representative of the
various economic and social sectors to which the activities of the Community are of concern.
Article 260 (ex Article 196)
The Committee shall elect its chairman and officers from among its members for a term of two years.
It shall adopt its Rules of Procedure.
The Committee shall be convened by its chairman at the request of the Council or of the Commission. It may also meet on its
own initiative.
Article 261 (ex Article 197)
The Committee shall include specialised sections for the principal fields covered by this Treaty.
These specialised sections shall operate within the general terms of reference of the Committee. They may not be consulted
independently of the Committee.
Subcommittees
may also be established within the Committee to prepare on specific
questions or in specific fields, draft opinions to be submitted to the
Committee for its consideration. The Rules of Procedure shall lay down the methods of composition and the terms of reference of the specialised sections and
of the subcommittees.
Article 262 (ex Article 198)
The
Committee must be consulted by the Council or by the Commission where
this Treaty so provides. The Committee may be consulted by these
institutions in all cases in which they consider it appropriate. It may
issue an opinion on its own initiative in cases in which it considers
such action appropriate. The Council or the Commission shall, if it considers it necessary, set the Committee, for the submission of its opinion, a
time-limit which may not be less than one month from the date on which the chairman receives notification to this effect.
Upon expiry of the time-limit, the absence of an opinion shall not prevent further action.
The opinion of the Committee and that of the specialised section, together with a record of the proceedings, shall be forwarded
to the Council and to the Commission.
The Committee may be consulted by the European Parliament.
Chapter 4
The Committee of the Regions
Article 263 (ex Article 198a)
A
Committee consisting of representatives of regional and local bodies,
hereinafter referred to as ‘the Committee of the Regions’, is hereby
established with advisory status. The number of members of the Committee of the Regions shall be as follows:
| |
|
| Belgium |
12 |
| Denmark |
9 |
| Germany |
24 |
| Greece |
12 |
| Spain |
21 |
| France |
24 |
| Ireland |
9 |
| Italy |
24 |
| Luxembourg |
6 |
| Netherlands |
12 |
| Austria |
12 |
| Portugal |
12 |
| Finland |
9 |
| Sweden |
12 |
| United Kingdom |
24. |
The
members of the Committee and an equal number of alternate members shall
be appointed for four years by the Council acting unanimously on
proposals from the respective Member States. Their term of office shall
be renewable. No member of the Committee shall at the same time be a
Member of the European Parliament. The members of the Committee may not be bound by any
mandatory instructions. They shall be completely independent in the
performance of their duties, in the general interest of Community.
Article 264 (ex Article 198b)
The Committee of the Regions shall elect its chairman and officers from among its members for a term of two years.
It shall adopt its Rules of Procedure.
The Committee shall be convened by its chairman at the request of the Council or of the Commission. It may also meet on its
own initiative.
Article 265 (ex Article 198c)
The Committee of the Regions shall be consulted by the Council or by the Commission where this Treaty so provides and in all
other cases, in particular those which concern cross-border cooperation, in which one of these two institutions considers
it appropriate.
The Council or the Commission shall, if it considers it necessary, set the Committee, for the submission of its opinion, a
time-limit which may not be less than one month from the date on which the chairman receives notification to this effect.
Upon expiry of the time-limit, the absence of an opinion shall not prevent further action.
Where
the Economic and Social Committee is consulted pursuant to Article 262,
the Committee of the Regions shall be informed by the Council or the
Commission of the request for an opinion. Where it considers that
specific regional interests are involved, the Committee of the Regions
may issue an opinion on the matter. The Committee of the Regions may be consulted by the European Parliament.
It may issue an opinion on its own initiative in cases in which it considers such action appropriate.
The
opinion of the Committee, together with a record of the proceedings,
shall be forwarded to the Council and to the Commission.
Chapter 5
The European Investment Bank
Article 266 (ex Article 198d)
The European Investment Bank shall have legal personality.
The members of the European Investment Bank shall be the Member States.
The Statute of the European Investment Bank is laid down in a Protocol annexed to this Treaty.
Article 267 (ex Article 198e)
The
task of the European Investment Bank shall be to contribute, by having
recourse to the capital market and utilising its own resources, to the
balanced and steady development of the common market in the interest of
the Community. For this purpose the Bank shall, operating on a
non-profit-making basis, grant loans and give guarantees which
facilitate the financing of the following projects in all sectors of
the economy: (a) projects for developing less-developed regions;
(b)
projects for modernising or converting undertakings or for developing
fresh activities called for by the progressive establishment of the
common market, where these projects are of such a size or nature that
they cannot be entirely financed by the various means available in the
individual Member States; (c) projects of common interest to several Member States
which are of such a size or nature that they cannot be entirely
financed by the various means available in the individual Member
States. In carrying out its task, the Bank shall facilitate the financing of investment programmes in conjunction with assistance
from the Structural Funds and other Community financial instruments.
TITLE II
FINANCIAL PROVISIONS
Article 268 (ex Article 199)
All items of revenue and expenditure of the Community, including those relating to the European Social Fund, shall be included
in estimates to be drawn up for each financial year and shall be shown in the budget.
Administrative
expenditure occasioned for the institutions by the provisions of the
Treaty on European Union relating to common foreign and security policy
and to cooperation in the fields of justice and home affairs shall be
charged to the budget. The operational expenditure occasioned by the
implementation of the said provisions may, under the conditions
referred to therein, be charged to the budget. The revenue and expenditure shown in the budget shall be in balance.
Article 269 (ex Article 201)
Without prejudice to other revenue, the budget shall be financed wholly from own resources.
The
Council, acting unanimously on a proposal from the Commission and after
consulting the European Parliament, shall lay down provisions relating
to the system of own resources of the Community, which it shall
recommend to the Member States for adoption in accordance with their
respective constitutional requirements.
Article 270 (ex Article 201a)
With
a view to maintaining budgetary discipline, the Commission shall not
make any proposal for a Community act, or alter its proposals, or adopt
any implementing measure which is likely to have appreciable
implications for the budget without providing the assurance that that
proposal or that measure is capable of being financed within the limit
of the Community's own resources arising under provisions laid down by
the Council pursuant to Article 269.
Article 271 (ex Article 202)
The expenditure shown in the budget shall be authorised for one financial year, unless the regulations made pursuant to Article
279 provide otherwise.
In accordance with conditions to be laid down pursuant to Article 279, any appropriations, other than those relating to staff
expenditure, that are unexpended at the end of the financial year may be carried forward to the next financial year only.
Appropriations shall be classified under different chapters grouping items of expenditure according to their nature or purpose
and subdivided, as far as may be necessary, in accordance with the regulations made pursuant to Article 279.
The expenditure of the European Parliament, the Council, the Commission and the Court of Justice shall be set out in separate
parts of the budget, without prejudice to special arrangements for certain common items of expenditure.
Article 272 (ex Article 203)
1. The financial year shall run from 1 January to 31 December.
2. Each
institution of the Community shall, before 1 July, draw up estimates of
its expenditure. The Commission shall consolidate these estimates in a
preliminary draft budget. It shall attach thereto an opinion which may
contain different estimates. The preliminary draft budget shall contain an estimate of revenue and an estimate of expenditure.
3. The
Commission shall place the preliminary draft budget before the Council
not later than 1 September of the year preceding that in which the
budget is to be implemented. The Council shall consult the Commission and, where appropriate, the other institutions concerned whenever it intends to depart
from the preliminary draft budget.
The Council, acting by a qualified majority, shall establish the draft budget and forward it to the European Parliament.
4. The draft budget shall be placed before the European Parliament not later than 5 October of the year preceding that in
which the budget is to be implemented.
The
European Parliament shall have the right to amend the draft budget,
acting by a majority of its Members, and to propose to the Council,
acting by an absolute majority of the votes cast, modifications to the
draft budget relating to expenditure necessarily resulting from this
Treaty or from acts adopted in accordance therewith. If, within 45 days of the draft budget being placed
before it, the European Parliament has given its approval, the budget
shall stand as finally adopted. If within this period the European
Parliament has not amended the draft budget nor proposed any
modifications thereto, the budget shall be deemed to be finally
adopted. If within this period the European Parliament has adopted amendments or proposed modifications, the draft budget together
with the amendments or proposed modifications shall be forwarded to the Council.
5. After discussing the draft budget with the Commission and, where appropriate, with the other institutions concerned, the
Council shall act under the following conditions:
(a) the Council may, acting by a qualified majority, modify any of the amendments adopted by the European Parliament;
(b) with regard to the proposed modifications:
-
where a modification proposed by the European Parliament does not have
the effect of increasing the total amount of the expenditure of an
institution, owing in particular to the fact that the increase in
expenditure which it would involve would be expressly compensated by
one or more proposed modifications correspondingly reducing
expenditure, the Council may, acting by a qualified majority, reject
the proposed modification. In the absence of a decision to reject it,
the proposed modification shall stand as accepted; - where a modification proposed by the European Parliament has the effect of increasing the total amount of the expenditure
of an institution, the Council may, acting by a qualified majority, accept this proposed modification. In the absence of a
decision to accept it, the proposed modification shall stand as rejected;
- where, in pursuance of one of the two preceding subparagraphs, the Council has rejected a proposed modification, it may,
acting by a qualified majority, either retain the amount shown in the draft budget or fix another amount.
The draft budget shall be modified on the basis of the proposed modifications accepted by the Council.
If,
within 15 days of the draft being placed before it, the Council has not
modified any of the amendments adopted by the European Parliament and
if the modifications proposed by the latter have been accepted, the
budget shall be deemed to be finally adopted. The Council shall inform
the European Parliament that it has not modified any of the amendments
and that the proposed modifications have been accepted. If within this period the Council has modified one or more of the amendments adopted by the European Parliament or if the
modifications proposed by the latter have been rejected or modified, the modified draft budget shall again be forwarded to
the European Parliament. The Council shall inform the European Parliament of the results of its deliberations.
6. Within
15 days of the draft budget being placed before it, the European
Parliament, which shall have been notified of the action taken on its
proposed modifications, may, acting by a majority of its Members and
three-fifths of the votes cast, amend or reject the modifications to
its amendments made by the Council and shall adopt the budget
accordingly. If within this period the European Parliament has not
acted, the budget shall be deemed to be finally adopted. 7. When the procedure provided for in this Article
has been completed, the President of the European Parliament shall
declare that the budget has been finally adopted. 8. However, the European Parliament, acting by a
majority of its Members and two-thirds of the votes cast, may, if there
are important reasons, reject the draft budget and ask for a new draft
to be submitted to it. 9. A maximum rate of increase in relation to the expenditure of the same type to be incurred during the current year shall
be fixed annually for the total expenditure other than that necessarily resulting from this Treaty or from acts adopted in
accordance therewith.
The Commission shall, after consulting the Economic Policy Committee, declare what this maximum rate is as it results from:
- the trend, in terms of volume, of the gross national product within the Community;
- the average variation in the budgets of the Member States;
and
- the trend of the cost of living during the preceding financial year.
The maximum rate shall be communicated, before 1 May, to all the institutions of the Community. The latter shall be required
to conform to this during the budgetary procedure, subject to the provisions of the fourth and fifth subparagraphs of this
paragraph.
If,
in respect of expenditure other than that necessarily resulting from
this Treaty or from acts adopted in accordance therewith, the actual
rate of increase in the draft budget established by the Council is over
half the maximum rate, the European Parliament may, exercising its
right of amendment, further increase the total amount of that
expenditure to a limit not exceeding half the maximum rate. Where the European Parliament, the Council or the
Commission consider that the activities of the Communities require that
the rate determined according to the procedure laid down in this
paragraph should be exceeded, another rate may be fixed by agreement
between the Council, acting by a qualified majority, and the European
Parliament, acting by a majority of its Members and three-fifths of the
votes cast. 10. Each institution shall exercise the powers conferred upon it by this Article, with due regard for the provisions of the
Treaty and for acts adopted in accordance therewith, in particular those relating to the Communities' own resources and to
the balance between revenue and expenditure.
Article 273 (ex Article 204)
If,
at the beginning of a financial year, the budget has not yet been
voted, a sum equivalent to not more than one-twelfth of the budget
appropriations for the preceding financial year may be spent each month
in respect of any chapter or other subdivision of the budget in
accordance with the provisions of the Regulations made pursuant to
Article 279; this arrangement shall not, however, have the effect of
placing at the disposal of the Commission appropriations in excess of
one-twelfth of those provided for in the draft budget in course of
preparation. The Council may, acting by a qualified majority, provided that the other conditions laid down in the first subparagraph are
observed, authorise expenditure in excess of one-twelfth.
If
the decision relates to expenditure which does not necessarily result
from this Treaty or from acts adopted in accordance therewith, the
Council shall forward it immediately to the European Parliament; within
30 days the European Parliament, acting by a majority of its Members
and three-fifths of the votes cast, may adopt a different decision on
the expenditure in excess of the one-twelfth referred to in the first
subparagraph. This part of the decision of the Council shall be
suspended until the European Parliament has taken its decision. If
within the said period the European Parliament has not taken a decision
which differs from the decision of the Council, the latter shall be
deemed to be finally adopted. The decisions referred to in the second and third subparagraphs shall lay down the necessary measures relating to resources
to ensure application of this Article.
Article 274 (ex Article 205)
The
Commission shall implement the budget, in accordance with the
provisions of the regulations made pursuant to Article 279, on its own
responsibility and within the limits of the appropriations, having
regard to the principles of sound financial management. Member States
shall cooperate with the Commission to ensure that the appropriations
are used in accordance with the principles of sound financial
management. The regulations shall lay down detailed rules for each institution concerning its part in effecting its own expenditure.
Within the budget, the Commission may, subject to the limits and conditions laid down in the regulations made pursuant to
Article 279, transfer appropriations from one chapter to another or from one subdivision to another.
Article 275 (ex Article 205a)
The Commission shall submit annually to the Council and to the European Parliament the accounts of the preceding financial
year relating to the implementation of the budget. The Commission shall also forward to them a financial statement of the
assets and liabilities of the Community.
Article 276 (ex Article 206)
1. The
European Parliament, acting on a recommendation from the Council which
shall act by a qualified majority, shall give a discharge to the
Commission in respect of the implementation of the budget. To this end,
the Council and the European Parliament in turn shall examine the
accounts and the financial statement referred to in Article 275, the
annual report by the Court of Auditors together with the replies of the
institutions under audit to the observations of the Court of Auditors,
the statement of assurance referred to in Article 248(1), second
subparagraph and any relevant special reports by the Court of Auditors.
2. Before giving a discharge to the Commission, or
for any other purpose in connection with the exercise of its powers
over the implementation of the budget, the European Parliament may ask
to hear the Commission give evidence with regard to the execution of
expenditure or the operation of financial control systems. The
Commission shall submit any necessary information to the European
Parliament at the latter's request. 3. The Commission shall take all appropriate steps
to act on the observations in the decisions giving discharge and on
other observations by the European Parliament relating to the execution
of expenditure, as well as on comments accompanying the recommendations
on discharge adopted by the Council. At the request of the European Parliament or the
Council, the Commission shall report on the measures taken in the light
of these observations and comments and in particular on the
instructions given to the departments which are responsible for the
implementation of the budget. These reports shall also be forwarded to
the Court of Auditors.
Article 277 (ex Article 207)
The
budget shall be drawn up in the unit of account determined in
accordance with the provisions of the regulations made pursuant to
Article 279.
Article 278 (ex Article 208)
The
Commission may, provided it notifies the competent authorities of the
Member States concerned, transfer into the currency of one of the
Member States its holdings in the currency of another Member State, to
the extent necessary to enable them to be used for purposes which come
within the scope of this Treaty. The Commission shall as far as
possible avoid making such transfers if it possesses cash or liquid
assets in the currencies which it needs. The Commission shall deal with each Member State through the authority designated by the State concerned. In carrying out
financial operations the Commission shall employ the services of the bank of issue of the Member State concerned or of any
other financial institution approved by that State.
Article 279 (ex Article 209)
The Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament and obtaining
the opinion of the Court of Auditors, shall:
(a) make Financial Regulations specifying in particular the procedure to be adopted for establishing and implementing the
budget and for presenting and auditing accounts;
(b)
determine the methods and procedure whereby the budget revenue provided
under the arrangements relating to the Community's own resources shall
be made available to the Commission, and determine the measures to be
applied, if need be, to meet cash requirements; (c) lay down rules concerning the responsibility of financial controllers, authorising officers and accounting officers, and
concerning appropriate arrangements for inspection.
Article 280 (ex Article 209a)
1. The
Community and the Member States shall counter fraud and any other
illegal activities affecting the financial interests of the Community
through measures to be taken in accordance with this Article, which
shall act as a deterrent and be such as to afford effective protection
in the Member States. 2. Member States shall take the same measures to counter fraud affecting the financial interests of the Community as they
take to counter fraud affecting their own financial interests.
3. Without
prejudice to other provisions of this Treaty, the Member States shall
coordinate their action aimed at protecting the financial interests of
the Community against fraud. To this end they shall organise, together
with the Commission, close and regular cooperation between the
competent authorities. 4. The Council, acting in accordance with the
procedure referred to in Article 251, after consulting the Court of
Auditors, shall adopt the necessary measures in the fields of the
prevention of and fight against fraud affecting the financial interests
of the Community with a view to affording effective and equivalent
protection in the Member States. These measures shall not concern the
application of national criminal law or the national administration of
justice. 5. The Commission, in cooperation with Member States, shall each year submit to the European Parliament and to the Council
a report on the measures taken for the implementation of this Article.
PART SIX
GENERAL AND FINAL PROVISIONS
Article 281 (ex Article 210)
The Community shall have legal personality.
Article 282 (ex Article 211)
In
each of the Member States, the Community shall enjoy the most extensive
legal capacity accorded to legal persons under their laws; it may, in
particular, acquire or dispose of movable and immovable property and
may be a party to legal proceedings. To this end, the Community shall
be represented by the Commission.
Article 283 (ex Article 212)
The
Council shall, acting by a qualified majority on a proposal from the
Commission and after consulting the other institutions concerned, lay
down the Staff Regulations of officials of the European Communities and
the Conditions of Employment of other servants of those Communities.
Article 284 (ex Article 213)
The Commission may, within the limits and under conditions laid down by the Council in accordance with the provisions of this
Treaty, collect any information and carry out any checks required for the performance of the tasks entrusted to it.
Article 285 (ex Article 213a)
1. Without
prejudice to Article 5 of the Protocol on the Statute of the European
System of Central Banks and of the European Central Bank, the Council,
acting in accordance with the procedure referred to in Article 251,
shall adopt measures for the production of statistics where necessary
for the performance of the activities of the Community. 2. The production of Community statistics shall conform to impartiality, reliability, objectivity, scientific independence,
cost-effectiveness and statistical confidentiality; it shall not entail excessive burdens on economic operators.
Article 286 (ex Article 213b)
1. From 1 January 1999, Community acts on the protection of individuals with regard to the processing of personal data and
the free movement of such data shall apply to the institutions and bodies set up by, or on the basis of, this Treaty.
2. Before the date referred to in paragraph 1, the Council, acting in accordance with the procedure referred to in Article
251, shall establish an independent supervisory body responsible for monitoring the application of such Community acts to
Community institutions and bodies and shall adopt any other relevant provisions as appropriate.
Article 287 (ex Article 214)
The
members of the institutions of the Community, the members of
committees, and the officials and other servants of the Community shall
be required, even after their duties have ceased, not to disclose
information of the kind covered by the obligation of professional
secrecy, in particular information about undertakings, their business
relations or their cost components.
Article 288 (ex Article 215)
The contractual liability of the Community shall be governed by the law applicable to the contract in question.
In
the case of non-contractual liability, the Community shall, in
accordance with the general principles common to the laws of the Member
States, make good any damage caused by its institutions or by its
servants in the performance of their duties. The preceding paragraph shall apply under the same conditions to damage caused by the ECB or by its servants in the performance
of their duties.
The personal liability of its servants towards the Community shall be governed by the provisions laid down in their Staff
Regulations or in the Conditions of Employment applicable to them.
Article 289 (ex Article 216)
The seat of the institutions of the Community shall be determined by common accord of the Governments of the Member States.
Article 290 (ex Article 217)
The rules governing the languages of the institutions of the Community shall, without prejudice to the provisions contained
in the Rules of Procedure of the Court of Justice, be determined by the Council, acting unanimously.
Article 291 (ex Article 218)
The
Community shall enjoy in the territories of the Member States such
privileges and immunities as are necessary for the performance of its
tasks, under the conditions laid down in the Protocol of 8 April 1965
on the privileges and immunities of the European Communities. The same
shall apply to the European Central Bank, the European Monetary
Institute, and the European Investment Bank.
Article 292 (ex Article 219)
Member States undertake not to submit a dispute concerning the interpretation or application of this Treaty to any method
of settlement other than those provided for therein.
Article 293 (ex Article 220)
Member States shall, so far as is necessary, enter into negotiations with each other with a view to securing for the benefit
of their nationals:
- the protection of persons and the enjoyment and protection of rights under the same conditions as those accorded by each
State to its own nationals;
- the abolition of double taxation within the Community;
-
the mutual recognition of companies or firms within the meaning of the
second paragraph of Article 48, the retention of legal personality in
the event of transfer of their seat from one country to another, and
the possibility of mergers between companies or firms governed by the
laws of different countries; - the simplification of formalities governing the reciprocal recognition and enforcement of judgments of courts or tribunals
and of arbitration awards.
Article 294 (ex Article 221)
Member
States shall accord nationals of the other Member States the same
treatment as their own nationals as regards participation in the
capital of companies or firms within the meaning of Article 48, without
prejudice to the application of the other provisions of this Treaty.
Article 295 (ex Article 222)
This Treaty shall in no way prejudice the rules in Member States governing the system of property ownership.
Article 296 (ex Article 223)
1. The provisions of this Treaty shall not preclude the application of the following rules:
(a) no Member State shall be obliged to supply information the disclosure of which it considers contrary to the essential
interests of its security;
(b)
any Member State may take such measures as it considers necessary for
the protection of the essential interests of its security which are
connected with the production of or trade in arms, munitions and war
material; such measures shall not adversely affect the conditions of
competition in the common market regarding products which are not
intended for specifically military purposes. 2. The Council may, acting unanimously on a proposal from the Commission, make changes to the list, which it drew up on 15
April 1958, of the products to which the provisions of paragraph 1(b) apply.
Article 297 (ex Article 224)
Member
States shall consult each other with a view to taking together the
steps needed to prevent the functioning of the common market being
affected by measures which a Member State may be called upon to take in
the event of serious internal disturbances affecting the maintenance of
law and order, in the event of war, serious international tension
constituting a threat of war, or in order to carry out obligations it
has accepted for the purpose of maintaining peace and international
security.
Article 298 (ex Article 225)
If measures taken in the circumstances referred to in Articles 296 and 297 have the effect of distorting the conditions of
competition in the common market, the Commission shall, together with the State concerned, examine how these measures can
be adjusted to the rules laid down in the Treaty.
By way of derogation from the procedure laid down in Articles 226 and 227, the Commission or any Member State may bring the
matter directly before the Court of Justice if it considers that another Member State is making improper use of the powers
provided for in Articles 296 and 297. The Court of Justice shall give its ruling in camera.
Article 299 (ex Article 227)
1. This
Treaty shall apply to the Kingdom of Belgium, the Kingdom of Denmark,
the Federal Republic of Germany, the Hellenic Republic, the Kingdom of
Spain, the French Republic, Ireland, the Italian Republic, the Grand
Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of
Austria, the Portuguese Republic, the Republic of Finland, the Kingdom
of Sweden and the United Kingdom of Great Britain and Northern Ireland.
2. The provisions of this Treaty shall apply to the
French overseas departments, the Azores, Madeira and the Canary
Islands. However, taking account of the structural social and
economic situation of the French overseas departments, the Azores,
Madeira and the Canary Islands, which is compounded by their
remoteness, insularity, small size, difficult topography and climate,
economic dependence on a few products, the permanence and combination
of which severely restrain their development, the Council, acting by a
qualified majority on a proposal from the Commission and after
consulting the European Parliament, shall adopt specific measures
aimed, in particular, at laying down the conditions of application of
the present Treaty to those regions, including common policies. The Council shall, when adopting the relevant measures
referred to in the second subparagraph, take into account areas such as
customs and trade policies, fiscal policy, free zones, agriculture and
fisheries policies, conditions for supply of raw materials and
essential consumer goods, State aids and conditions of access to
structural funds and to horizontal Community programmes. The Council shall adopt the measures referred to in the second subparagraph taking into account the special characteristics
and constraints of the outermost regions without undermining the integrity and the coherence of the Community legal order,
including the internal market and common policies.
3. The special arrangements for association set out in Part Four of this Treaty shall apply to the overseas countries and
territories listed in Annex II to this Treaty.
This Treaty shall not apply to those overseas countries and territories having special relations with the United Kingdom of
Great Britain and Northern Ireland which are not included in the aforementioned list.
4. The
provisions of this Treaty shall apply to the European territories for
whose external relations a Member State is responsible. 5. The provisions of this Treaty shall apply to the
Åland Islands in accordance with the provisions set out in Protocol No
2 to the Act concerning the conditions of accession of the Republic of
Austria, the Republic of Finland and the Kingdom of Sweden. 6. Notwithstanding the preceding paragraphs:
(a) this Treaty shall not apply to the Faeroe Islands;
(b) this Treaty shall not apply to the Sovereign Base Areas of the United Kingdom of Great Britain and Northern Ireland in
Cyprus;
(c) this Treaty shall apply to the Channel Islands and the Isle of Man only to the extent necessary to ensure the implementation
of the arrangements for those islands set out in the Treaty concerning the accession of new Member States to the European
Economic Community and to the European Atomic Energy Community signed on 22 January 1972.
Article 300 (ex Article 228)
1. Where
this Treaty provides for the conclusion of agreements between the
Community and one or more States or international organisations, the
Commission shall make recommendations to the Council, which shall
authorise the Commission to open the necessary negotiations. The
Commission shall conduct these negotiations in consultation with
special committees appointed by the Council to assist it in this task
and within the framework of such directives as the Council may issue to
it. In exercising the powers conferred upon it by this paragraph, the Council shall act by a qualified majority, except in the
cases where the first subparagraph of paragraph 2 provides that the Council shall act unanimously.
2. Subject
to the powers vested in the Commission in this field, the signing,
which may be accompanied by a decision on provisional application
before entry into force, and the conclusion of the agreements shall be
decided on by the Council, acting by a qualified majority on a proposal
from the Commission. The Council shall act unanimously when the
agreement covers a field for which unanimity is required for the
adoption of internal rules and for the agreements referred to in
Article 310. By way of derogation from the rules laid down in paragraph 3, the same procedures shall apply for a decision to suspend the
application of an agreement, and for the purpose of establishing the positions to be adopted on behalf of the Community in
a body set up by an agreement based on Article 310, when that body is called upon to adopt decisions having legal effects,
with the exception of decisions supplementing or amending the institutional framework of the agreement.
The
European Parliament shall be immediately and fully informed on any
decision under this paragraph concerning the provisional application or
the suspension of agreements, or the establishment of the Community
position in a body set up by an agreement based on Article 310. 3. The Council shall conclude agreements after
consulting the European Parliament, except for the agreements referred
to in Article 133(3), including cases where the agreement covers a
field for which the procedure referred to in Article 251 or that
referred to in Article 252 is required for the adoption of internal
rules. The European Parliament shall deliver its opinion within a
time-limit which the Council may lay down according to the urgency of
the matter. In the absence of an opinion within that time-limit, the
Council may act. By way of derogation from the previous subparagraph,
agreements referred to in Article 310, other agreements establishing a
specific institutional framework by organising cooperation procedures,
agreements having important budgetary implications for the Community
and agreements entailing amendment of an act adopted under the
procedure referred to in Article 251 shall be concluded after the
assent of the European Parliament has been obtained. The Council and the European Parliament may, in an urgent situation, agree upon a time-limit for the assent.
4. When
concluding an agreement, the Council may, by way of derogation from
paragraph 2, authorise the Commission to approve modifications on
behalf of the Community where the agreement provides for them to be
adopted by a simplified procedure or by a body set up by the agreement;
it may attach specific conditions to such authorisation. 5. When the Council envisages concluding an agreement which calls for amendments to this Treaty, the amendments must first
be adopted in accordance with the procedure laid down in Article 48 of the Treaty on European Union.
6. The
Council, the Commission or a Member State may obtain the opinion of the
Court of Justice as to whether an agreement envisaged is compatible
with the provisions of this Treaty. Where the opinion of the Court of
Justice is adverse, the agreement may enter into force only in
accordance with Article 48 of the Treaty on European Union. 7. Agreements concluded under the conditions set out in this Article shall be binding on the institutions of the Community
and on Member States.
Article 301 (ex Article 228a)
Where
it is provided, in a common position or in a joint action adopted
according to the provisions of the Treaty on European Union relating to
the common foreign and security policy, for an action by the Community
to interrupt or to reduce, in part or completely, economic relations
with one or more third countries, the Council shall take the necessary
urgent measures. The Council shall act by a qualified majority on a
proposal from the Commission.
Article 302 (ex Article 229)
It shall be for the Commission to ensure the maintenance of all appropriate relations with the organs of the United Nations
and of its specialised agencies.
The Commission shall also maintain such relations as are appropriate with all international organisations.
Article 303 (ex Article 230)
The Community shall establish all appropriate forms of cooperation with the Council of Europe.
Article 304 (ex Article 231)
The Community shall establish close cooperation with the Organisation for Economic Cooperation and Development, the details
of which shall be determined by common accord.
Article 305 (ex Article 232)
1. The
provisions of this Treaty shall not affect the provisions of the Treaty
establishing the European Coal and Steel Community, in particular as
regards the rights and obligations of Member States, the powers of the
institutions of that Community and the rules laid down by that Treaty
for the functioning of the common market in coal and steel. 2. The provisions of this Treaty shall not derogate
from those of the Treaty establishing the European Atomic Energy
Community.
Article 306 (ex Article 233)
The
provisions of this Treaty shall not preclude the existence or
completion of regional unions between Belgium and Luxembourg, or
between Belgium, Luxembourg and the Netherlands, to the extent that the
objectives of these regional unions are not attained by application of
this Treaty.
Article 307 (ex Article 234)
The rights and obligations arising from agreements concluded before 1 January 1958 or, for acceding States, before the date
of their accession, between one or more Member States on the one hand, and one or more third countries on the other, shall
not be affected by the provisions of this Treaty.
To the extent that such agreements are not compatible with this Treaty, the Member State or States concerned shall take all
appropriate steps to eliminate the incompatibilities established. Member States shall, where necessary, assist each other
to this end and shall, where appropriate, adopt a common attitude.
In
applying the agreements referred to in the first paragraph, Member
States shall take into account the fact that the advantages accorded
under this Treaty by each Member State form an integral part of the
establishment of the Community and are thereby inseparably linked with
the creation of common institutions, the conferring of powers upon them
and the granting of the same advantages by all the other Member States.
Article 308 (ex Article 235)
If
action by the Community should prove necessary to attain, in the course
of the operation of the common market, one of the objectives of the
Community and this Treaty has not provided the necessary powers, the
Council shall, acting unanimously on a proposal from the Commission and
after consulting the European Parliament, take the appropriate
measures.
Article 309 (ex Article 236)
1. Where
a decision has been taken to suspend the voting rights of the
representative of the government of a Member State in accordance with
Article 7(2) of the Treaty on European Union, these voting rights shall
also be suspended with regard to this Treaty. 2. Moreover, where the existence of a serious and
persistent breach by a Member State of principles mentioned in Article
6(1) of the Treaty on European Union has been determined in accordance
with Article 7(1) of that Treaty, the Council, acting by a qualified
majority, may decide to suspend certain of the rights deriving from the
application of this Treaty to the Member State in question. In doing
so, the Council shall take into account the possible consequences of
such a suspension on the rights and obligations of natural and legal
persons. The obligations of the Member State in question under this Treaty shall in any case continue to be binding on that State.
3. The Council, acting by a qualified majority, may decide subsequently to vary or revoke measures taken in accordance with
paragraph 2 in response to changes in the situation which led to their being imposed.
4. When
taking decisions referred to in paragraphs 2 and 3, the Council shall
act without taking into account the votes of the representative of the
government of the Member State in question. By way of derogation from
Article 205(2) a qualified majority shall be defined as the same
proportion of the weighted votes of the members of the Council
concerned as laid down in Article 205(2). This paragraph shall also apply in the event of voting rights being suspended in accordance with paragraph 1. In such cases,
a decision requiring unanimity shall be taken without the vote of the representative of the government of the Member State
in question.
Article 310 (ex Article 238)
The
Community may conclude with one or more States or international
organisations agreements establishing an association involving
reciprocal rights and obligations, common action and special procedure.
Article 311 (ex Article 239)
The protocols annexed to this Treaty by common accord of the Member States shall form an integral part thereof.
Article 312 (ex Article 240)
This Treaty is concluded for an unlimited period.
Article 313 (ex Article 247)
This Treaty shall be ratified by the High Contracting Parties in accordance with their respective constitutional requirements.
The instruments of ratification shall be deposited with the Government of the Italian Republic.
This
Treaty shall enter into force on the first day of the month following
the deposit of the instrument of ratification by the last signatory
State to take this step. If, however, such deposit is made less than 15
days before the beginning of the following month, this Treaty shall not
enter into force until the first day of the second month after the date
of such deposit.
Article 314 (ex Article 248)
This Treaty, drawn up in a single original in the Dutch, French, German, and Italian languages, all four texts being equally
authentic, shall be deposited in the archives of the Government of the Italian Republic, which shall transmit a certified
copy to each of the Governments of the other signatory States.
Pursuant to the Accession Treaties, the Danish, English, Finnish, Greek, Irish, Portuguese, Spanish and Swedish versions of
this Treaty shall also be authentic.
In witness whereof, the undersigned Plenipotentiaries have signed this Treaty.
Done at Rome this twenty-fifth day of March in the year one thousand nine hundred and fifty-seven.
P. H. SPAAK
ADENAUER
PINEAU
Antonio SEGNI
BECH
J. LUNS
J. Ch. SNOY ET D'OPPUERS
HALLSTEIN
M. FAURE
Gaetano MARTINO
Lambert SCHAUS
J. LINTHORST HOMAN
ANNEXES
LIST
referred to in Article 32 of the Treaty
| 1 |
2 |
| Number in the Brussels nomenclature |
Description of products |
| CHAPTER 1 |
Live animals |
| CHAPTER 2 |
Meat and edible meat offal |
| CHAPTER 3 |
Fish, crustaceans and molluscs |
| CHAPTER 4 |
Dairy produce; birds' eggs; natural honey |
| CHAPTER 5 |
|
| 05.04 |
Guts, bladders and stomachs of animals (other than fish), whole and pieces thereof |
| 05.15 |
Animal products not elsewhere specified or included; dead animals of Chapter 1 or Chapter 3, unfit for human consumption |
| CHAPTER 6 |
Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage |
| CHAPTER 7 |
Edible vegetables and certain roots and tubers |
| CHAPTER 8 |
Edible fruit and nuts; peel of melons or citrus fruit |
| CHAPTER 9 |
Coffee, tea and spices, excluding maté (heading No 09.03) |
| CHAPTER 10 |
Cereals |
| CHAPTER 11 |
Products of the milling industry; malt and starches; gluten; inulin |
| CHAPTER 12 |
Oil seeds and oleaginous fruit; miscellaneous grains, seeds and fruit; industrial and medical plants; straw and fodder |
| CHAPTER 13 |
|
| ex 13.03 |
Pectin |
| CHAPTER 15 |
|
| 15.01 |
Lard and other rendered pig fat; rendered poultry fat |
| 15.02 |
Unrendered fats of bovine cattle, sheep or goats; tallow (including ‘premier jus’) produced from those fats |
| 15.03 |
Lard stearin, oleostearin and tallow stearin; lard oil, oleo-oil and tallow oil, not emulsified or mixed or prepared in any
way
|
| 15.04 |
Fats and oil, of fish and marine mammals, whether or not refined |
| 15.07 |
Fixed vegetable oils, fluid or solid, crude, refined or purified |
| 15.12 |
Animal or vegetable fats and oils, hydrogenated, whether or not refined, but not further prepared |
| 15.13 |
Margarine, imitation lard and other prepared edible fats |
| 15.17 |
Residues resulting from the treatment of fatty substances or animal or vegetable waxes |
| CHAPTER 16 |
Preparations of meat, of fish, of crustaceans or molluscs |
| CHAPTER 17 |
|
| 17.01 |
Beet sugar and cane sugar, solid |
| 17.02 |
Other sugars; sugar syrups; artificial honey (whether or not mixed with natural honey); caramel |
| 17.03 |
Molasses, whether or not decolourised |
| 17.05 (*) |
Flavoured or coloured sugars, syrups and molasses, but not including fruit juices containing added sugar in any proportion |
| CHAPTER 18 |
|
| 18.01 |
Cocoa beans, whole or broken, raw or roasted |
| 18.02 |
Cocoa sheelsshells, husks, skins and waste |
| CHAPTER 20 |
Preparations of vegetables, fruit or other parts of plants |
| CHAPTER 22 |
|
| 22.04 |
Grape must, in fermentation or with fermentation arrested otherwise than by the addition of alcohol |
| 22.05 |
Wine of fresh grapes; grape must with fermentation arrested by the addition of alcohol |
| 22.07 |
Other fermented beverages (for example, cider, perry and mead) |
| ex 22.08 (*)ex 22.09 (*) |
Ethyl
alcohol or neutral spirits, whether or not denatured, of any strength,
obtained from agricultural products listed in Annex I to the Treaty,
excluding liqueurs and other spirituous beverages and compound
alcoholic preparations (known as ‘concentrated extracts’) for the
manufacture of beverages |
| 22.10 (*) |
Vinegar and substitutes for vinegar |
| CHAPTER 23 |
Residues and waste from the food industries; prepared animal fodder |
| CHAPTER 24 |
|
| 24.01 |
Unmanufactured tobacco, tobacco refuse |
| CHAPTER 45 |
|
| 45.01 |
Natural cork, unworked, crushed, granulated or ground; waste cork |
| CHAPTER 54 |
|
| 54.01 |
Flax, raw or processed but not spun; flax tow and waste (including pulled or garnetted rags) |
| CHAPTER 57 |
|
| 57.01 |
True hemp (Cannabis sativa), raw or processed but not spun; tow and waste of true hemp (including pulled or garnetted rags
or ropes)
|
| (*) Heading
added by Article 1 of Regulation No 7a of the Council of the European
Economic Community, of 18 December 1959 (OJ No 7, 30. 1. 1961, p. 71 -
Special edition (English edition) 1959-1962, p. 68). |
OVERSEAS COUNTRIES AND TERRITORIES
to which the provisions of Part Four of the Treaty apply
- Greenland,
- New Caledonia and Dependencies,
- French Polynesia,
- French Southern and Antarctic Territories,
- Wallis and Futuna Islands,
- Mayotte,
- Saint Pierre and Miquelon,
- Aruba,
- Netherlands Antilles:
- Bonaire,
- Curaçao,
- Saba,
- Sint Eustatius,
- Sint Maarten.
- Anguilla,
- Cayman Islands,
- Falkland Islands,
- South Georgia and the South Sandwich Islands,
- Montserrat,
- Pitcairn,
- Saint Helena and Dependencies,
- British Antarctic Territory,
- British Indian Ocean Territory,
- Turks and Caicos Islands,
- British Virgin Islands,
- Bermuda.
On 2 October 1997 in Amsterdam the Plenipotentiaries of the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic
of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Grand Duchy
of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, the Portuguese Republic, the Republic of Finland,
the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland signed the Treaty of Amsterdam amending
the Treaty on European Union, the Treaties establishing the European Communities and certain related acts.
On that occasion the Plenipotentiary of the Kingdom of Belgium added the following statement to his signature:
‘This signature also binds the French Community, the Flemish Community, the German-speaking Community, the Walloon Region,
the Flemish Region and the Brussels Capital Region’.
The Plenipotentiary of the Kingdom of Belgium stated that it was
in all cases the Kingdom of Belgium as such that was bound
in respect of its entire territory by the Treaty of Amsterdam and that
the Kingdom alone, as such, would bear full responsibility
for compliance with the obligations entered into in the Treaty.
The Plenipotentiaries of the other Signatory States took note thereof.
Done in Luxembourg, 22 October 1997
The President of the Intergovernmental Conference
(s.) Jacques POOS
The Secretary-General of the Council of the European Union,
Secretary to the Intergovernmental Conference
(s.) Jürgen TRUMPF
On the occasion of the signing of the Treaty of Amsterdam on 2
October 1997 the Italian Republic, the depositary of the Treaty,
received, pursuant to Article K.7 of the Treaty on European Union as
amended by the Treaty of Amsterdam, the following declarations:
‘On the signing of the Treaty of Amsterdam the following Member States stated that they accepted the jurisdiction of the Court
of Justice of the European Communities in accordance with the procedure laid down in Article K.7(2) and (3):
the Kingdom of Belgium, the Federal Republic of Germany, the Hellenic Republic, the Grand Duchy of Luxembourg and the Republic
of Austria, in accordance with the procedure laid down in paragraph 3(b).
When making the above declaration, the Kingdom of Belgium, the Federal Republic of Germany, the Grand Duchy of Luxembourg
and the Republic of Austria reserved the right to make provisions in their national law to the effect that, where a question
relating to the validity or interpretation of an act referred to in Article K.7(1) is raised in a case pending before a national
court or tribunal against whose decision there is no judicial remedy under national law, that court or tribunal will be required
to refer the matter to the Court of Justice’.
In addition, the Kingdom of the Netherlands declared that the Netherlands would accept the jurisdiction of the Court of Justice
of the European Communities as laid down in the aforementioned Article K.7; its government was still considering whether,
under Article K.7(3), the option of bringing a matter before the Court could be granted to courts or tribunals other than
those against whose decisions there is no remedy.
(1) The
Kingdom of Denmark, the Hellenic Republic, the Kingdom of Spain,
Ireland, the Republic of Austria, the Portuguese Republic, the Republic
of Finland, the Kingdom of Sweden and the United Kingdom of Great
Britain and Northern Ireland have since become members of the European
Community.