Treaty of Amsterdam
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THE TREATY OF AMSTERDAM
AMENDING THE TREATY ON
EUROPEAN UNION, THE TREATIES
ESTABLISHING THE EUROPEAN COMMUNITIES
AND CERTAIN RELATED ACTS
Amsterdam
2 October 1997
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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,
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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:
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:
WHO, having exchanged their full powers found in good and due form,
HAVE AGREED AS FOLLOWS:
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PART ONE
SUBSTANTIVE AMENDMENTS
ARTICLE 1
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
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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 co-operation 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 co-operate 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:
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“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.”
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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 co-operation;
- 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 co-operation between Member States in the conduct of
policy.
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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
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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 co-operation between them in the field of armaments.
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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 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 co-operation
between two or more Member States on a bilateral level, in the framework
of the WEU and the Atlantic Alliance, provided such co-operation 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.
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Article J.9
1. Member States shall co-ordinate 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 co-operate in ensuring that the common positions
and joint actions adopted by the Council are complied with and implemented.
They shall step up co-operation 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 question
relating to the common foreign and security policy and may submit proposals to the
Council.
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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
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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
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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 co-operation 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 co-operation 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 co-operation 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 co-operation 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 co-operation shall include:
(a) operational co-operation 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) co-operation and joint initiatives in training, the exchange of liaison officers,
secondments, the use of equipment, and forensic research;
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(d) the common evaluation of particular investigative techniques in relation to the
detection of serious forms of organised crime.
2. The Council shall promote co-operation 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 co-ordination
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 co-ordinate 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 co-operation with Europol;
(d) establish a research, documentation and statistical network on cross-border crime.
Article K.3
Common action on judicial co-operation in criminal matters shall include:
(a) facilitating and accelerating co-operation 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 co-operation;
(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
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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 co-ordinating their action. To that end, they
shall establish collaboration between the relevant departments of their
administrations.
2. The Council shall take measures and promote co-operation, 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
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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
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1. A Co-ordinating Committee shall be set up consisting of senior officials. In
addition to its co-ordinating 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 co-operation 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 co-operation
proposed:
(a) respects the powers of the European Community, and the objectives laid down by
this Title;
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(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 co-operation 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 co-operation 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 K.16.
4. The provisions of Articles K.1 to K.13 shall apply to the closer co-operation
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.
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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 co-operation
Article K.15
1. Member States which intend to establish closer co-operation 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 co-operation:
(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;
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(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 co-operation
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 co-operation in which they participate.
Member States not participating in such co-operation 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 co-operation 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 co-operation, 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 co-operation 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
22
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.”
ARTICLE 2
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
23
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 co-ordination between employment policies of the Member
States with a view to enhancing their effectiveness by developing a co-ordinated
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 co-operation between themselves
may be authorised, subject to Articles K.15 and K.16 of the Treaty on European
Union, to make use of the institutions, procedures and mechanisms laid down by this
Treaty, provided that the co-operation 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;
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(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 co-operation 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 co-operation 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 co-operation 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
25
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.”
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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 co-ordination 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 co-ordination 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 co-operation in civil matters as provided for in
Article 73m;
(d) appropriate measures to encourage and strengthen administrative co-operation, as
provided for in Article 73n;
(e) measures in the field of police and judicial co-operation 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.
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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,
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(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
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Measures in the field of judicial co-operation 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;
- co-operation in the taking of evidence;
- the recognition and enforcement of decisions in civil and commercial cases,
including decisions in extra-judicial 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 co-operation 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;
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- 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.
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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.
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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 co-ordinated 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 co-ordinate 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
co-operation 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).
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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 co-operation 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 co-ordination 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:
34
“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 co-operation
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 co-operation 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;
35
- 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 co-operation 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
36
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 co-operation between
the Member States and facilitate the co-ordination of their action in all social policy
fields under this chapter, particularly in matters relating to:
37
- 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.
38
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.
39
The Community shall complement the Member States’ action in reducing drugs-related
health damage, including information and prevention.
2. The Community shall encourage co-operation 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, co-ordinate 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 co-ordination.
3. The Community and the Member States shall foster co-operation 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.
40
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) In Article 129d, the third paragraph shall be replaced by the following:
“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 the other measures provided for in Article 129c(1).”
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:
41
“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
42
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
43
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
44
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 co-operate 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;
45
(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 its
registered office in a Member State, shall have a right of access to European
Parliament, Council and Commission documents, subject to the principles and the
conditions to be defined in accordance with paragraphs 2 and 3.
46
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 co-operation, 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 co-operate 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
47
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 co-ordinate
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 co-operation 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 co-operation 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.”
48
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.”;
49
(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).
50
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) Protocol on Social Policy and the Agreement on social policy attached thereto
shall be repealed.
59) Protocol on the Economic and Social Committee and the Commit