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 Parlia