Protocol

A protocol is annexed to a treaty¹ and stipulates detailed measures or actions on a specific part of that treaty. When signatory parties enter into a treaty they are also bound to any protocols governed by the treaty.

Area of application

A protocol or any part thereof may include:

• - 

  measures directly applicable to one or more states
• - 

  elements that stipulate more detailed measures are to be adopted later
• - 

  clarification of decision making procedures with regard to specific policies and measures

Protocols are generally used to make arrangements for specific positions and exceptions of individual member states.

Adopting protocols

Protocols are adopted along with treaties. Treaties and their protocols are adopted using one of the procedures for amending the treaties².

Protocols as a legal instrument are not mentioned in the Treaties. Protocols are annexed to the both the Treaty on European Union and the Treaty on the functioning of the European Union.

• 1. 

  Treaties are legally binding agreements between countries on any given subject. Treaties are subject to international law.
   
• 2. 

  The European Treaties might be amended by using one of three different procedures. These procedures are rarely used, but are of great importance for the functioning of the European Union and the way decisions are made within the European Union.
   
• 3. 

  The European Union has a number of legal instruments to its disposal. These are used to make or coordinate policies, to take measures and initiate programme's, to facilitate the implementation of policies and to issue advice to member states. Legal instruments are divided into two categories, binding and non-binding instruments. Legal instruments specifically in place for implementing EU acts are binding, but have been put in a final, third section.