Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, signed at Lisbon, 13 December 2007 - Main contents
Contents
17.12.2007 |
EN |
Official Journal of the European Union |
C 306/1 |
TREATY OF LISBON
AMENDING THE TREATY ON EUROPEAN UNION AND THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY
(2007/C 306/01)
PREAMBLE
HIS MAJESTY THE KING OF THE BELGIANS,
THE PRESIDENT OF THE REPUBLIC OF BULGARIA,
THE PRESIDENT OF THE CZECH REPUBLIC,
HER MAJESTY THE QUEEN OF DENMARK,
THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY,
THE PRESIDENT OF THE REPUBLIC OF ESTONIA,
THE PRESIDENT OF IRELAND,
THE PRESIDENT OF THE HELLENIC REPUBLIC,
HIS MAJESTY THE KING OF SPAIN,
THE PRESIDENT OF THE FRENCH REPUBLIC,
THE PRESIDENT OF THE ITALIAN REPUBLIC,
THE PRESIDENT OF THE REPUBLIC OF CYPRUS,
THE PRESIDENT OF THE REPUBLIC OF LATVIA,
THE PRESIDENT OF THE REPUBLIC OF LITHUANIA,
HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG,
THE PRESIDENT OF THE REPUBLIC OF HUNGARY,
THE PRESIDENT OF MALTA,
HER MAJESTY THE QUEEN OF THE NETHERLANDS,
THE FEDERAL PRESIDENT OF THE REPUBLIC OF AUSTRIA,
THE PRESIDENT OF THE REPUBLIC OF POLAND,
THE PRESIDENT OF THE PORTUGUESE REPUBLIC,
THE PRESIDENT OF ROMANIA,
THE PRESIDENT OF THE REPUBLIC OF SLOVENIA,
THE PRESIDENT OF THE SLOVAK REPUBLIC,
THE PRESIDENT OF THE REPUBLIC OF FINLAND,
THE GOVERNMENT OF THE KINGDOM OF SWEDEN,
HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
DESIRING to complete the process started by the Treaty of Amsterdam and by the Treaty of Nice with a view to enhancing the efficiency and democratic legitimacy of the Union and to improving the coherence of its action,
HAVE RESOLVED to amend the Treaty on European Union, the Treaty establishing the European Community and the Treaty establishing the European Atomic Energy Community,
HIS MAJESTY THE KING OF THE BELGIANS
Guy VERHOFSTADT
Prime Minister
Karel DE GUCHT
Minister for Foreign Affairs
THE PRESIDENT OF THE REPUBLIC OF BULGARIA
Sergei STANISHEV
Prime Minister
Ivailo KALFINE
Deputy Prime Minister and Minister for Foreign Affairs
THE PRESIDENT OF THE CZECH REPUBLIC
Mirek TOPOLÁNEK
Prime Minister
Karel SCHWARZENBERG
Minister for Foreign Affairs
HER MAJESTY THE QUEEN OF DENMARK
Anders Fogh RASMUSSEN
Prime Minister
Per Stig MØLLER
Minister for Foreign Affairs
THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY
Dr Angela MERKEL
Federal Chancellor
Dr Frank-Walter STEINMEIER
Deputy Federal Chancellor and Federal Minister for Foreign Affairs
THE PRESIDENT OF THE REPUBLIC OF ESTONIA
Andrus ANSIP
Prime Minister
Urmas PAET
Minister for Foreign Affairs
THE PRESIDENT OF IRELAND
Bertie AHERN
Taoiseach (Prime Minister)
Dermot AHERN
Minister for Foreign Affairs
THE PRESIDENT OF THE HELLENIC REPUBLIC
Konstantinos KARAMANLIS
Prime Minister
Dora BAKOYANNIS
Minister for Foreign Affairs
HIS MAJESTY THE KING OF SPAIN
José Luis RODRÍGUEZ ZAPATERO
President of the Government
Miguel Ángel MORATINOS CUYAUBÉ
Minister for Foreign Affairs and Cooperation
THE PRESIDENT OF THE FRENCH REPUBLIC
Nicolas SARKOZY
President
François FILLON
Prime Minister
Bernard KOUCHNER
Minister for Foreign and European Affairs
THE PRESIDENT OF THE ITALIAN REPUBLIC
Romano PRODI
President of the Council of Ministers
Massimo D'ALEMA
Vice-President of the Council of Ministers and Minister for Foreign Affairs
THE PRESIDENT OF THE REPUBLIC OF CYPRUS
Tassos PAPADOPOULOS
President
Erato KOZAKOU-MARCOULLIS
Minister for Foreign Affairs
THE PRESIDENT OF THE REPUBLIC OF LATVIA
Valdis ZATLERS
President
Aigars KALVĪTIS
Prime Minister
Māris RIEKSTIŅŠ
Minister for Foreign Affairs
THE PRESIDENT OF THE REPUBLIC OF LITHUANIA
Valdas ADAMKUS
President
Gediminas KIRKILAS
Prime Minister
Petras VAITIEKŪNAS
Minister for Foreign Affairs
HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG
Jean-Claude JUNCKER
Prime Minister, Minister of State
Jean ASSELBORN
Minister for Foreign Affairs and Immigration
THE PRESIDENT OF THE REPUBLIC OF HUNGARY
Ferenc GYURCSÁNY
Prime Minister
Dr Kinga GÖNCZ
Minister for Foreign Affairs
THE PRESIDENT OF MALTA
The Hon. Lawrence GONZI
Prime Minister
The Hon. Michael FRENDO
Minister for Foreign Affairs
HER MAJESTY THE QUEEN OF THE NETHERLANDS
Dr J. P. BALKENENDE
Prime Minister
-
M.J. M. VERHAGEN
Minister for Foreign Affairs
THE FEDERAL PRESIDENT OF THE REPUBLIC OF AUSTRIA
Dr Alfred GUSENBAUER
Federal Chancellor
Dr Ursula PLASSNIK
Federal Minister for European and International Affairs
THE PRESIDENT OF THE REPUBLIC OF POLAND
Donald TUSK
Prime Minister
Radosław SIKORSKI
Minister for Foreign Affairs
THE PRESIDENT OF THE PORTUGUESE REPUBLIC
José SÓCRATES CARVALHO PINTO DE SOUSA
Prime Minister
Luís Filipe MARQUES AMADO
Minister of State; Minister for Foreign Affairs
THE PRESIDENT OF ROMANIA,
Traian BÃSESCU
President
Cãlin POPESCU TÃRICEANU
Prime Minister
Adrian CIOROIANU
Minister for Foreign Affairs
THE PRESIDENT OF THE REPUBLIC OF SLOVENIA
Janez JANŠA
President of the Government
Dr Dimitrij RUPEL
Minister for Foreign Affairs
THE PRESIDENT OF THE SLOVAK REPUBLIC
Robert FICO
Prime Minister
Ján KUBIŠ
Minister for Foreign Affairs
THE PRESIDENT OF THE REPUBLIC OF FINLAND
Matti VANHANEN
Prime Minister
Ilkka KANERVA
Minister for Foreign Affairs
THE GOVERNMENT OF THE KINGDOM OF SWEDEN
Fredrik REINFELDT
Prime Minister
Cecilia MALMSTRÖM
Minister for European Affairs
HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
The Rt Hon. Gordon BROWN
Prime Minister
The Rt Hon. David MILIBAND
Secretary of State for Foreign and Commonwealth Affairs
HAVE AGREED AS FOLLOWS:
AMENDMENTS TO THE TREATY ON EUROPEAN UNION AND TO THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY
Article 1
The Treaty on European Union shall be amended in accordance with the provisions of this Article.
PREAMBLE
1) |
The preamble shall be amended as follows:
|
GENERAL PROVISIONS
2) |
Article 1 shall be amended as follows:
|
3) |
The following Article 1a shall be inserted: ‘Article 1a The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.’. |
4) |
Article 2 shall be replaced by the following: ‘Article 2
It shall combat social exclusion and discrimination, and shall promote social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child. It shall promote economic, social and territorial cohesion, and solidarity among Member States. It shall respect its rich cultural and linguistic diversity, and shall ensure that Europe's cultural heritage is safeguarded and enhanced.
|
5) |
Article 3 shall be repealed, and the following Article 3a shall be inserted: ‘Article 3a
The Member States shall take any appropriate measure, general or particular, to ensure fulfilment of the obligations arising out of the Treaties or resulting from the acts of the institutions of the Union. The Member States shall facilitate the achievement of the Union's tasks and refrain from any measure which could jeopardise the attainment of the Union's objectives.’. |
6) |
The following Article 3b shall be inserted, replacing Article 5 of the Treaty establishing the European Community: ‘Article 3b
The institutions of the Union shall apply the principle of subsidiarity as laid down in the Protocol on the application of the principles of subsidiarity and proportionality. National Parliaments ensure compliance with the principle of subsidiarity in accordance with the procedure set out in that Protocol.
The institutions of the Union shall apply the principle of proportionality as laid down in the Protocol on the application of the principles of subsidiarity and proportionality.’. |
7) |
Articles 4 and 5 shall be repealed. |
8) |
Article 6 shall be replaced by the following: ‘Article 6
The provisions of the Charter shall not extend in any way the competences of the Union as defined in the Treaties. The rights, freedoms and principles in the Charter shall be interpreted in accordance with the general provisions in Title VII of the Charter governing its interpretation and application and with due regard to the explanations referred to in the Charter, that set out the sources of those provisions.
|
9) |
Article 7 shall be amended as follows:
|
10) |
The following new Article 7a shall be inserted: ‘Article 7a
|
11) |
The provisions of Title II shall be incorporated into the Treaty establishing the European Community, as amended elsewhere, which shall become the Treaty on the Functioning of the European Union. |
DEMOCRATIC PRINCIPLES
12) |
Title II and Article 8 shall be replaced by the following new heading and new Articles 8 to 8 C: ‘TITLE II PROVISIONS ON DEMOCRATIC PRINCIPLES Article 8 In all its activities, the Union shall observe the principle of the equality of its citizens, who shall receive equal attention from its institutions, bodies, offices and agencies. Every national of a Member State shall be a citizen of the Union. Citizenship of the Union shall be additional to national citizenship and shall not replace it. Article 8 A
Member States are represented in the European Council by their Heads of State or Government and in the Council by their governments, themselves democratically accountable either to their national Parliaments, or to their citizens.
Article 8 B
The procedures and conditions required for such a citizens' initiative shall be determined in accordance with the first paragraph of Article 21 of the Treaty on the Functioning of the European Union. Article 8 C National Parliaments contribute actively to the good functioning of the Union:
|
INSTITUTIONS
13) |
The provisions of Title III shall be repealed. Title III shall be replaced by the following heading: |
14) |
Article 9 shall be replaced by the following: ‘Article 9
The Union's institutions shall be:
|
15) |
An Article 9 A shall be inserted: ‘Article 9 A
The European Council shall adopt by unanimity, on the initiative of the European Parliament and with its consent, a decision establishing the composition of the European Parliament, respecting the principles referred to in the first subparagraph.
|
16) |
An Article 9 B shall be inserted: ‘Article 9 B
The President of the European Council shall, at his level and in that capacity, ensure the external representation of the Union on issues concerning its common foreign and security policy, without prejudice to the powers of the High Representative of the Union for Foreign Affairs and Security Policy. The President of the European Council shall not hold a national office.’. |
17) |
An Article 9 C shall be inserted: ‘Article 9 C
A blocking minority must include at least four Council members, failing which the qualified majority shall be deemed attained. The other arrangements governing the qualified majority are laid down in Article 205(2) of the Treaty on the Functioning of the European Union.
The General Affairs Council shall ensure consistency in the work of the different Council configurations. It shall prepare and ensure the follow-up to meetings of the European Council, in liaison with the President of the European Council and the Commission. The Foreign Affairs Council shall elaborate the Union's external action on the basis of strategic guidelines laid down by the European Council and ensure that the Union's action is consistent.
|
18) |
An Article 9 D shall be inserted: ‘Article 9 D
The members of the Commission shall be chosen on the ground of their general competence and European commitment from persons whose independence is beyond doubt. In carrying out its responsibilities, the Commission shall be completely independent. Without prejudice to Article 9 E(2), the members of the Commission shall neither seek nor take instructions from any Government or other institution, body, office or entity. They shall refrain from any action incompatible with their duties or the performance of their tasks.
The members of the Commission shall be chosen from among the nationals of the Member States on the basis of a system of strictly equal rotation between the Member States, reflecting the demographic and geographical range of all the Member States. This system shall be established unanimously by the European Council in accordance with Article 211a of the Treaty on the Functioning of the European Union.
A member of the Commission shall resign if the President so requests. The High Representative of the Union for Foreign Affairs and Security Policy shall resign, in accordance with the procedure set out in Article 9 E(1), if the President so requests.
The Council, by common accord with the President-elect, shall adopt the list of the other persons whom it proposes for appointment as members of the Commission. They shall be selected, on the basis of the suggestions made by Member States, in accordance with the criteria set out in paragraph 3, second subparagraph, and paragraph 5, second subparagraph. The President, the High Representative of the Union for Foreign Affairs and Security Policy and the other members of the Commission shall be subject as a body to a vote of consent by the European Parliament. On the basis of this consent the Commission shall be appointed by the European Council, acting by a qualified majority.
|
19) |
The following new Article 9 E shall be inserted: ‘Article 9 E
|
20) |
An Article 9 F shall be inserted: ‘Article 9 F
Member States shall provide remedies sufficient to ensure effective legal protection in the fields covered by Union law.
The General Court shall include at least one judge per Member State. The judges and the Advocates-General of the Court of Justice and the judges of the General Court shall be chosen from persons whose independence is beyond doubt and who satisfy the conditions set out in Articles 223 and 224 of the Treaty on the Functioning of the European Union. They shall be appointed by common accord of the governments of the Member States for six years. Retiring judges and Advocates-General may be reappointed.
|
21) |
The provisions of Title IV shall be incorporated into the Treaty establishing the European Atomic Energy Community, as amended elsewhere. |
ENHANCED COOPERATION
22) |
Title IV shall take over the heading of Title VII, ‘PROVISIONS ON ENHANCED COOPERATION’ and Articles 27 A to 27 E, Articles 40 to 40b and Articles 43 to 45 shall be replaced by the following Article 10, which shall also replace Articles 11 and 11a of the Treaty establishing the European Community. These same articles shall also be replaced by Articles 280 A to 280 I of the Treaty on the Functioning of the European Union, as set out below in point 278 of Article 2 of this Treaty: ‘Article 10
Enhanced cooperation shall aim to further the objectives of the Union, protect its interests and reinforce its integration process. Such cooperation shall be open at any time to all Member States, in accordance with Article 280 C of the Treaty on the Functioning of the European Union.
|
23) |
Title V shall be renamed as follows: ‘GENERAL PROVISIONS ON THE UNION'S EXTERNAL ACTION AND SPECIFIC PROVISIONS ON THE COMMON FOREIGN AND SECURITY POLICY’. |
GENERAL PROVISIONS ON THE UNION'S EXTERNAL ACTION
24) |
The following new Chapter 1 and Articles 10 A and 10 B shall be inserted: ‘CHAPTER 1 GENERAL PROVISIONS ON THE UNION'S EXTERNAL ACTION Article 10 A
The Union shall seek to develop relations and build partnerships with third countries, and international, regional or global organisations which share the principles referred to in the first subparagraph. It shall promote multilateral solutions to common problems, in particular in the framework of the United Nations.
The Union shall ensure consistency between the different areas of its external action and between these and its other policies. The Council and the Commission, assisted by the High Representative of the Union for Foreign Affairs and Security Policy, shall ensure that consistency and shall cooperate to that effect. Article 10 B
Decisions of the European Council on the strategic interests and objectives of the Union shall relate to the common foreign and security policy and to other areas of the external action of the Union. Such decisions may concern the relations of the Union with a specific country or region or may be thematic in approach. They shall define their duration, and the means to be made available by the Union and the Member States. The European Council shall act unanimously on a recommendation from the Council, adopted by the latter under the arrangements laid down for each area. Decisions of the European Council shall be implemented in accordance with the procedures provided for in the Treaties.
|
THE COMMON FOREIGN AND SECURITY POLICY
25) |
The following headings shall be inserted: |
26) |
The following new Article 10 C shall be inserted: ‘Article 10 C The Union's action on the international scene, pursuant to this Chapter, shall be guided by the principles, shall pursue the objectives of, and be conducted in accordance with, the general provisions laid down in Chapter 1.’. |
27) |
Article 11 shall be amended as follows:
|
28) |
Article 12 shall be replaced by the following: ‘Article 12 The Union shall conduct the common foreign and security policy by:
|
29) |
Article 13 shall be amended as follows:
|
30) |
The following new Article 13a shall be inserted: ‘Article 13a
|
31) |
Article 14 shall be amended as follows:
|
32) |
At the beginning of Article 15, the words ‘The Council shall adopt common positions. Common positions shall define’ shall be replaced by ‘The Council shall adopt decisions which shall define’ and at the end of the Article the words ‘common positions’ shall be replaced by ‘Union positions’. |
33) |
An Article 15a shall be inserted, with the text of Article 22, with the following amendments:
|
34) |
An Article 15b shall be inserted, with the text of Article 23, with the following amendments:
|
35) |
Article 16 shall be amended as follows:
|
36) |
The text of Article 17 shall become Article 28 A, it shall be amended as set out below in point 49. |
37) |
Article 18 shall be amended as follows:
|
38) |
Article 19 shall be amended as follows:
|
39) |
Article 20 shall be amended as follows:
|
40) |
Article 21 shall be amended as follows:
|
41) |
The text of Article 22 shall become Article 15a; it shall be amended as set out above in point 33. |
42) |
The text of Article 23 shall become Article 15b; it shall be amended as set out above in point 34. |
43) |
Article 24 shall be replaced by the following: ‘Article 24 The Union may conclude agreements with one or more States or international organisations in areas covered by this Chapter.’. |
44) |
Article 25 shall be amended as follows:
|
45) |
Articles 26 and 27 shall be repealed. The following Articles 25a and 25b shall be inserted, with Article 25b replacing Article 47: ‘Article 25a In accordance with Article 16 B of the Treaty on the Functioning of the European Union and by way of derogation from paragraph 2 thereof, the Council shall adopt a decision laying down the rules relating to the protection of individuals with regard to the processing of personal data by the Member States when carrying out activities which fall within the scope of this Chapter, and the rules relating to the free movement of such data. Compliance with these rules shall be subject to the control of independent authorities. Article 25b The implementation of the common foreign and security policy shall not affect the application of the procedures and the extent of the powers of the institutions laid down by the Treaties for the exercise of the Union competences referred to in Articles 2 B to 2 E of the Treaty on the Functioning of the European Union. Similarly, the implementation of the policies listed in those Articles shall not affect the application of the procedures and the extent of the powers of the institutions laid down by the Treaties for the exercise of the Union competences under this Chapter.’. |
46) |
Articles 27 A to 27 E, on enhanced cooperation, shall be replaced by Article 10 in accordance with point 22 above. |
47) |
Article 28 shall be amended as follows:
|
THE COMMON SECURITY AND DEFENCE POLICY
48) |
The following new section 2 shall be inserted: |
49) |
An Article 28 A shall be inserted, taking over the wording of Article 17, with the following amendments:
|
50) |
The following new Articles 28 B to 28 E shall be inserted: ‘Article 28 B
Article 28 C
Article 28 D
Article 28 E
The Council shall adopt a decision confirming the participation of the Member State concerned which fulfils the criteria and makes the commitments referred to in Articles 1 and 2 of the Protocol on permanent structured cooperation. The Council shall act by a qualified majority after consulting the High Representative. Only members of the Council representing the participating Member States shall take part in the vote. A qualified majority shall be defined in accordance with Article 205(3)(a) of the Treaty on the Functioning of the European Union.
The Council shall act by a qualified majority. Only members of the Council representing the participating Member States, with the exception of the Member State in question, shall take part in the vote. A qualified majority shall be defined in accordance with Article 205(3)(a) of the Treaty on the Functioning of the European Union.
|
51) |
Articles 29 to 39 of Title VI, which relate to judicial cooperation in criminal matters and to police cooperation, shall be replaced by the provisions of Chapters 1, 4 and 5 of Title IV of Part Three of the Treaty on the Functioning of the European Union. As set out below, in Article 2, points 64, 67 and 68 of this Treaty, Article 29 shall be replaced by Article 61 of the Treaty on the Functioning of the European Union, Article 30 shall be replaced by Articles 69 F and 69 G thereof, Article 31 shall be replaced by Articles 69 A, 69 B and 69 D thereof, Article 32 shall be replaced by Article 69 H thereof, Article 33 shall be replaced by Article 61 E thereof and Article 36 shall be replaced by Article 61 D thereof. The heading of the Title shall be deleted and its number shall become the number of the Title on final provisions. |
52) |
Articles 40 to 40 B of Title VI and Articles 43 to 45 of Title VII, relating to enhanced cooperation, shall be replaced by Article 10 in accordance with point 22 above, and Title VII shall be repealed. |
53) |
Articles 41 and 42 shall be repealed. |
FINAL PROVISIONS
54) |
Title VIII, on final provisions, shall be renumbered VI; this Title and Articles 48, 49 and 53 shall be amended as set out respectively in points 56, 57 and 61 below. Article 47 shall be replaced by Article 25b, as indicated above in point 45, and Articles 46 and 50 shall be repealed. |
55) |
The following new Article 46 A shall be inserted: ‘Article 46 A The Union shall have legal personality.’. |
56) |
Article 48 shall be replaced by the following: ‘Article 48
The European Council may decide by a simple majority, after obtaining the consent of the European Parliament, not to convene a Convention should this not be justified by the extent of the proposed amendments. In the latter case, the European Council shall define the terms of reference for a conference of representatives of the governments of the Member States.
The amendments shall enter into force after being ratified by all the Member States in accordance with their respective constitutional requirements.
The European Council may adopt a decision amending all or part of the provisions of Part Three of the Treaty on the Functioning of the European Union. The European Council shall act by unanimity after consulting the European Parliament and the Commission, and the European Central Bank in the case of institutional changes in the monetary area. That decision shall not enter into force until it is approved by the Member States in accordance with their respective constitutional requirements. The decision referred to in the second subparagraph shall not increase the competences conferred on the Union in the Treaties.
Where the Treaty on the Functioning of the European Union provides for legislative acts to be adopted by the Council in accordance with a special legislative procedure, the European Council may adopt a decision allowing for the adoption of such acts in accordance with the ordinary legislative procedure. Any initiative taken by the European Council on the basis of the first or the second subparagraph shall be notified to the national Parliaments. If a national Parliament makes known its opposition within six months of the date of such notification, the decision referred to in the first or the second subparagraph shall not be adopted. In the absence of opposition, the European Council may adopt the decision. For the adoption of the decisions referred to in the first and second subparagraphs, the European Council shall act by unanimity after obtaining the consent of the European Parliament, which shall be given by a majority of its component members.’. |
57) |
The first paragraph of Article 49 shall be amended as follows:
|
58) |
The following new Article 49 A shall be inserted: ‘Article 49 A
A qualified majority shall be defined in accordance with Article 205(3)(b) of the Treaty on the Functioning of the European Union.
|
59) |
The following Article 49 B shall be inserted: ‘Article 49 B The Protocols and Annexes to the Treaties shall form an integral part thereof.’. |
60) |
An Article 49 C shall be inserted: ‘Article 49 C
|
61) |
Article 53 shall be amended as follows:
|
Article 2
The Treaty establishing the European Community shall be amended in accordance with the provisions of this Article.
1) |
The title of the Treaty shall be replaced by ‘Treaty on the Functioning of the European Union’. |
-
A.HORIZONTAL AMENDMENTS
2) |
Throughout the Treaty:
|
3) |
In the following Articles, the words ‘acting unanimously on a proposal from the Commission’ shall be replaced by ‘acting unanimously in accordance with a special legislative procedure’:
|
4) |
In the following Articles, the words ‘acting by a simple majority’ shall be inserted after ‘the Council’:
|
5) |
In the following Articles, the words ‘consulting the European Parliament’ shall be replaced by ‘obtaining the consent of the European Parliament’:
|
6) |
In the following Articles, the word ‘institution’ or ‘institutions’ shall be replaced by ‘institution, body, office or agency’ or ‘institutions, bodies, offices or agencies’, as appropriate, and any grammatical changes necessary shall be made:
|
7) |
In the following Articles, the words ‘Court of Justice’ shall be replaced by ‘Court of Justice of the European Union’.
In the following Articles, the words ‘of Justice’ shall be deleted after ‘Court’:
|
8) |
In the following Articles, the reference to another Article of the Treaty shall be replaced by the following reference to an Article of the Treaty on European Union:
|
9) |
(Does not apply to the English version.) |
-
B.SPECIFIC AMENDMENTS
PREAMBLE
10) |
In the second recital, the word ‘countries’ shall be replaced by ‘States’ and in the last recital, the words ‘HAVE DECIDED to create a EUROPEAN COMMUNITY and to this end have designated’ shall be replaced by ‘and to this end HAVE DESIGNATED’. |
COMMON PROVISIONS
11) |
Articles 1 and 2 shall be repealed. The following Article 1a shall be inserted: ‘Article 1a
|
CATEGORIES AND AREAS OF COMPETENCE
12) |
The following new Title and new Articles 2 A to 2 E shall be inserted: ‘TITLE I CATEGORIES AND AREAS OF UNION COMPETENCE Article 2 A
Legally binding acts of the Union adopted on the basis of the provisions of the Treaties relating to these areas shall not entail harmonisation of Member States' laws or regulations.
Article 2 B
Article 2 C
Article 2 D
Specific provisions shall apply to those Member States whose currency is the euro.
Article 2 E The Union shall have competence to carry out actions to support, coordinate or supplement the actions of the Member States. The areas of such action shall, at European level, be:
|
PROVISIONS HAVING GENERAL APPLICATION
13) |
The following title and Article 2 F shall be inserted: ‘TITLE II PROVISIONS HAVING GENERAL APPLICATION Article 2 F The Union shall ensure consistency between its policies and activities, taking all of its objectives into account and in accordance with the principle of conferral of powers.’. |
14) |
Paragraph 1 of Article 3 shall be repealed. Paragraph 2 shall be left unnumbered, and the words ‘the activities referred to in this Article,’ shall be replaced by ‘its activities,’. |
15) |
The text of Article 4 shall become Article 97b. It shall be amended as set out below in point 85. |
16) |
Article 5 shall be repealed; it shall be replaced by Article 3b of the Treaty on European Union. |
17) |
The following Article 5a shall be inserted: ‘Article 5a In defining and implementing its policies and activities, the Union shall take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health.’. |
18) |
The following Article 5b shall be inserted: ‘Article 5b In defining and implementing its policies and activities, the Union shall aim to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.’. |
19) |
In Article 6, the words ‘referred to in Article 3’ shall be deleted. |
20) |
An Article 6a shall be inserted, with the wording of Article 153(2). |
21) |
An Article 6b shall be inserted, with the wording of the enacting terms of the Protocol on the protection and welfare of animals; the word ‘fisheries’ shall be inserted after ‘agriculture’, the words ‘and research’ shall be replaced by ‘research and technological development and space’, and the words ‘, since animals are sentient beings,’ shall be inserted after ‘Member States shall’. |
22) |
Articles 7 to 10 shall be repealed. Articles 11 and 11a shall be replaced by Article 10 of the Treaty on European Union and by Articles 280 A and 280 I of the Treaty on the Functioning of the European Union, as set out in this Treaty in point 22 of Article 1 above and in point 278 below. |
23) |
The text of Article 12 shall become Article 16 D. |
24) |
The text of Article 13 shall become Article 16 E. It shall be amended as set out below at point 33. |
25) |
The text of Article 14 shall become Article 22a. It shall be amended as set out below at point 41. |
26) |
The text of Article 15 shall become Article 22b. It shall be amended as set out below at point 42. |
27) |
Article 16 shall be amended as follows:
|
28) |
An Article 16 A shall be inserted, with the wording of Article 255; it shall be amended as follows:
|
29) |
An Article 16 B shall be inserted, replacing Article 286: ‘Article 16 B
The rules adopted on the basis of this Article shall be without prejudice to the specific rules laid down in Article 25a of the Treaty on European Union.’. |
30) |
The following new Article 16 C shall be inserted: ‘Article 16 C
|
NON-DISCRIMINATION AND CITIZENSHIP
31) |
The heading of Part Two shall be replaced by the following heading: ‘NON-DISCRIMINATION AND CITIZENSHIP OF THE UNION’. |
32) |
An Article 16 D shall be inserted, with the wording of Article 12. |
33) |
An Article 16 E shall be inserted, with the wording of Article 13; in paragraph 2, the words ‘when the Council adopts Community’ shall be replaced by ‘the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may adopt the basic principles of the Union's’ and the words at the end of the paragraph ‘it shall act in accordance with the procedure referred to in Article 251’ shall be deleted. |
34) |
Article 17 shall be amended as follows:
|
35) |
Article 18 shall be amended as follows:
|
36) |
In Article 20, the words ‘establish the necessary rules among themselves and’ shall be replaced by ‘adopt the necessary provisions and’. The following new paragraph shall be added: ‘The Council, acting in accordance with a special legislative procedure and after consulting the European Parliament, may adopt directives establishing the coordination and cooperation measures necessary to facilitate such protection.’. |
37) |
In Article 21, the following new first paragraph shall be inserted: ‘The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall adopt the provisions for the procedures and conditions required for a citizens' initiative within the meaning of Article 8 B of the Treaty on European Union, including the minimum number of Member States from which such citizens must come.’. |
38) |
In Article 22, second paragraph, the words ‘the rights laid down in this Part, which it shall recommend to the Member States for adoption in accordance with their respective constitutional requirements’ shall be replaced by ‘the rights listed in Article 17(2). These provisions shall enter into force after their approval by the Member States in accordance with their respective constitutional requirements.’. |
39) |
In the heading of Part Three, the words ‘AND INTERNAL ACTIONS’ shall be inserted after ‘POLICIES’. |
INTERNAL MARKET
40) |
A Title I, with the heading ‘THE INTERNAL MARKET’ shall be inserted at the beginning of Part Three. |
41) |
An Article 22a shall be inserted, with the wording of Article 14. Paragraph 1 shall be replaced by the following: ‘1. The Union shall adopt measures with the aim of establishing or ensuring the functioning of the internal market, in accordance with the relevant provisions of the Treaties.’. |
42) |
An Article 22b shall be inserted, with the wording of Article 15. In the first paragraph, the words ‘during the period of establishment’ shall be replaced by ‘for the establishment’. |
43) |
Title I on the free movement of goods shall become Title Ia. |
44) |
In Article 23(1), the words ‘shall be based upon’ shall be replaced by ‘shall comprise’. |
45) |
A Chapter Ia entitled ‘CUSTOMS COOPERATION’ shall be inserted after Article 27, and an Article 27a shall be inserted with the wording of Article 135, the last sentence of that Article being deleted. |
AGRICULTURE AND FISHERIES
46) |
In the heading of Title II, the words ‘AND FISHERIES’ shall be added. |
47) |
Article 32 shall be amended as follows:
|
48) |
Article 36 shall be amended as follows:
|
49) |
Article 37 shall be amended as follows:
|
FREE MOVEMENT OF WORKERS
50) |
In Article 39(3)(d), the word ‘implementing’ shall be deleted. |
51) |
Article 42 shall be amended as follows:
|
FREEDOM OF ESTABLISHMENT
52) |
In Article 44(2), the words ‘The European Parliament,’ shall be inserted at the beginning of the paragraph. |
53) |
In Article 45, second paragraph, the words ‘The Council may, acting by a qualified majority on a proposal from the Commission,’ shall be replaced by ‘The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may’. |
54) |
Article 47 shall be amended as follows:
|
55) |
An Article 48a shall be inserted, with the wording of Article 294. |
SERVICES
56) |
Article 49 shall be amended as follows:
|
57) |
In Article 50, third paragraph, the words ‘the State’ shall be replaced by ‘the Member State’. |
58) |
In Article 52(1), the words ‘the Council shall, on a proposal from the Commission and after consulting the Economic and Social Committee and the European Parliament, issue’ shall be replaced by ‘the European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee, shall issue’. |
59) |
In Article 53, the words ‘declare their readiness to’ shall be replaced by ‘shall endeavour to’. |
CAPITAL
60) |
In Article 57(2), the words ‘the Council may, acting by a qualified majority on a proposal from the Commission, adopt measures’ shall be replaced by ‘the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall adopt the measures’ and the last sentence of paragraph 2 shall become paragraph 3, reading as follows: ‘3. Notwithstanding paragraph 2, only the Council, acting in accordance with a special legislative procedure, may unanimously, and after consulting the European Parliament, adopt measures which constitute a step backwards in Union law as regards the liberalisation of the movement of capital to or from third countries.’ |
61) |
In Article 58, the following new paragraph 4 shall be added: ‘4. In the absence of measures pursuant to Article 57(3), the Commission or, in the absence of a Commission decision within three months from the request of the Member State concerned, the Council, may adopt a decision stating that restrictive tax measures adopted by a Member State concerning one or more third countries are to be considered compatible with the Treaties insofar as they are justified by one of the objectives of the Union and compatible with the proper functioning of the internal market. The Council shall act unanimously on application by a Member State.’. |
62) |
Article 60 shall become Article 61 H. It shall be amended as set out below in point 64. |
AREA OF FREEDOM, SECURITY AND JUSTICE;
63) |
A Title IV, with the heading ‘AREA OF FREEDOM, SECURITY AND JUSTICE’, shall replace the Title IV on visas, asylum, immigration, and other policies related to free movement of persons. Title IV shall contain the following Chapters:
|
GENERAL PROVISIONS
64) |
Article 61 shall be replaced by the following Chapter 1 and Articles 61 to 61 I. Article 61 shall also replace the current Article 29 of the Treaty on European Union, Article 61 D shall replace Article 36 thereof, Article 61 E shall replace Article 64(1) of the Treaty establishing the European Community and the current Article 33 of the Treaty on European Union, Article 61G shall replace Article 66 of the Treaty establishing the European Community and Article 61 H shall take over Article 60 thereof, as set out in point 62 above: ‘CHAPTER 1 GENERAL PROVISIONS Article 61
Article 61 A The European Council shall define the strategic guidelines for legislative and operational planning within the area of freedom, security and justice. Article 61 B National Parliaments ensure that the proposals and legislative initiatives submitted under Chapters 4 and 5 comply with the principle of subsidiarity, in accordance with the arrangements laid down by the Protocol on the application of the principles of subsidiarity and proportionality. Article 61 C Without prejudice to Articles 226, 227 and 228, the Council may, on a proposal from the Commission, adopt measures laying down the arrangements whereby Member States, in collaboration with the Commission, conduct objective and impartial evaluation of the implementation of the Union policies referred to in this Title by Member States' authorities, in particular in order to facilitate full application of the principle of mutual recognition. The European Parliament and national Parliaments shall be informed of the content and results of the evaluation. Article 61 D A standing committee shall be set up within the Council in order to ensure that operational cooperation on internal security is promoted and strengthened within the Union. Without prejudice to Article 207, it shall facilitate coordination of the action of Member States' competent authorities. Representatives of the Union bodies, offices and agencies concerned may be involved in the proceedings of this committee. The European Parliament and national Parliaments shall be kept informed of the proceedings. Article 61 E 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 61 F It shall be open to Member States to organise between themselves and under their responsibility such forms of cooperation and coordination as they deem appropriate between the competent departments of their administrations responsible for safeguarding national security. Article 61 G The Council shall adopt measures to ensure administrative cooperation between the relevant departments of the Member States in the areas covered by this Title, as well as between those departments and the Commission. It shall act on a Commission proposal, subject to Article 61 I, and after consulting the European Parliament. Article 61 H Where necessary to achieve the objectives set out in Article 61, as regards preventing and combating terrorism and related activities, the European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall define a framework for administrative measures with regard to capital movements and payments, such as the freezing of funds, financial assets or economic gains belonging to, or owned or held by, natural or legal persons, groups or non-State entities. The Council, on a proposal from the Commission, shall adopt measures to implement the framework referred to in the first paragraph. The acts referred to in this Article shall include necessary provisions on legal safeguards. Article 61 I The acts referred to in Chapters 4 and 5, together with the measures referred to in Article 61 G which ensure administrative cooperation in the areas covered by these Chapters, shall be adopted:
|
BORDER CHECKS, ASYLUM AND IMMIGRATION
65) |
Articles 62 to 64 shall be replaced by the following Chapter 2 and Articles 62 to 63b. Article 62 shall replace Article 62, paragraphs 1 and 2 of Article 63 shall replace points 1 and 2 of Article 63, paragraph 3 of Article 63 shall replace paragraph 2 of Article 64 and Article 63a shall replace points 3 and 4 of Article 63: ‘CHAPTER 2 POLICIES ON BORDER CHECKS, ASYLUM AND IMMIGRATION Article 62
Article 63
Article 63a
Article 63b The policies of the Union set out in this Chapter and their implementation shall be governed by the principle of solidarity and fair sharing of responsibility, including its financial implications, between the Member States. Whenever necessary, the Union acts adopted pursuant to this Chapter shall contain appropriate measures to give effect to this principle.’. |
JUDICIAL COOPERATION IN CIVIL MATTERS
66) |
Article 65 shall be replaced by the following Chapter 3 and Article 65: ‘CHAPTER 3 JUDICIAL COOPERATION IN CIVIL MATTERS Article 65
The Council, on a proposal from the Commission, may adopt a decision determining those aspects of family law with cross-border implications which may be the subject of acts adopted by the ordinary legislative procedure. The Council shall act unanimously after consulting the European Parliament. The proposal referred to in the second subparagraph shall be notified to the national Parliaments. If a national Parliament makes known its opposition within six months of the date of such notification, the decision shall not be adopted. In the absence of opposition, the Council may adopt the decision.’. |
JUDICIAL COOPERATION IN CRIMINAL MATTERS
67) |
Article 66 shall be replaced by Article 61 G, as set out in point 64 above, and Articles 67 to 69 shall be repealed. The following Chapter 4 and Articles 69 A to 69 E shall be inserted. Articles 69 A, 69 B and 69 D shall replace the current Article 31 of the Treaty on European Union, as set out above in point 51 of Article 1 of this Treaty: ‘CHAPTER 4 JUDICIAL COOPERATION IN CRIMINAL MATTERS Article 69 A
The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall adopt measures to:
They shall concern:
Adoption of the minimum rules referred to in this paragraph shall not prevent Member States from maintaining or introducing a higher level of protection for individuals.
Within the same timeframe, in case of disagreement, and if at least nine Member States wish to establish enhanced cooperation on the basis of the draft directive concerned, they shall notify the European Parliament, the Council and the Commission accordingly. In such a case, the authorisation to proceed with enhanced cooperation referred to in Article 10(2) of the Treaty on European Union and Article 280 D(1) of this Treaty shall be deemed to be granted and the provisions on enhanced cooperation shall apply. Article 69 B
These areas of crime are the following: terrorism, trafficking in human beings and sexual exploitation of women and children, illicit drug trafficking, illicit arms trafficking, money laundering, corruption, counterfeiting of means of payment, computer crime and organised crime. On the basis of developments in crime, the Council may adopt a decision identifying other areas of crime that meet the criteria specified in this paragraph. It shall act unanimously after obtaining the consent of the European Parliament.
Within the same timeframe, in case of disagreement, and if at least nine Member States wish to establish enhanced cooperation on the basis of the draft directive concerned, they shall notify the European Parliament, the Council and the Commission accordingly. In such a case, the authorisation to proceed with enhanced cooperation referred to in Article 10(2) of the Treaty on European Union and Article 280 D(1) of this Treaty shall be deemed to be granted and the provisions on enhanced cooperation shall apply. Article 69 C The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may establish measures to promote and support the action of Member States in the field of crime prevention, excluding any harmonisation of the laws and regulations of the Member States. Article 69 D
In this context, the European Parliament and the Council, by means of regulations adopted in accordance with the ordinary legislative procedure, shall determine Eurojust's structure, operation, field of action and tasks. These tasks may include:
These regulations shall also determine arrangements for involving the European Parliament and national Parliaments in the evaluation of Eurojust's activities.
Article 69 E
In the absence of unanimity, a group of at least nine Member States may request that the draft regulation be referred to the European Council. In that case, the procedure in the Council shall be suspended. After discussion, and in case of a consensus, the European Council shall, within four months of this suspension, refer the draft back to the Council for adoption. Within the same timeframe, in case of disagreement, and if at least nine Member States wish to establish enhanced cooperation on the basis of the draft regulation concerned, they shall notify the European Parliament, the Council and the Commission accordingly. In such a case, the authorisation to proceed with enhanced cooperation referred to in Article 10(2) of the Treaty on European Union and Article 280 D(1) of this Treaty shall be deemed to be granted and the provisions on enhanced cooperation shall apply.
|
POLICE COOPERATION
68) |
The following Chapter 5 and Articles 69 F, 69 G and 69 H shall be inserted. Articles 69 F and 69 G shall replace the current Article 30 of the Treaty on European Union, and Article 69 H shall replace Article 32 thereof, as set out above in point 51 of Article 1 of this Treaty: ‘CHAPTER 5 POLICE COOPERATION Article 69 F
In case of the absence of unanimity in the Council, a group of at least nine Member States may request that the draft measures be referred to the European Council. In that case, the procedure in the Council shall be suspended. After discussion, and in case of a consensus, the European Council shall, within four months of this suspension, refer the draft back to the Council for adoption. Within the same timeframe, in case of disagreement, and if at least nine Member States wish to establish enhanced cooperation on the basis of the draft measures concerned, they shall notify the European Parliament, the Council and the Commission accordingly. In such a case, the authorisation to proceed with enhanced cooperation referred to in Article 10(2) of the Treaty on European Union and Article 280 D(1) of this Treaty shall be deemed to be granted and the provisions on enhanced cooperation shall apply. The specific procedure provided for in the second and third subparagraphs shall not apply to acts which constitute a development of the Schengen acquis. Article 69 G
These regulations shall also lay down the procedures for scrutiny of Europol's activities by the European Parliament, together with national Parliaments.
Article 69 H The Council, acting in accordance with a special legislative procedure, shall lay down the conditions and limitations under which the competent authorities of the Member States referred to in Articles 69 A and 69 F may operate in the territory of another Member State in liaison and in agreement with the authorities of that State. The Council shall act unanimously after consulting the European Parliament.’. |
TRANSPORT
69) |
In Article 70, the words ‘of this Treaty’ shall be replaced by ‘of the Treaties’ and the words ‘by Member States’ shall be deleted. |
70) |
In Article 71, paragraph 2 shall be replaced by the following: ‘2. When the measures referred to in paragraph 1 are adopted, account shall be taken of cases where their application might seriously affect the standard of living and level of employment in certain regions, and the operation of transport facilities.’. |
71) |
At the beginning of Article 72, the words ‘, without the unanimous approval of the Council,’ shall be replaced by ‘, unless the Council has unanimously adopted a measure granting a derogation,’. |
72) |
Article 75 shall be amended as follows:
|
73) |
In Article 78, the following sentence shall be added: ‘Five years after the entry into force of the Treaty of Lisbon, the Council, acting on a proposal from the Commission, may adopt a decision repealing this Article.’. |
74) |
In Article 79, the phrase ‘without prejudice to the powers of the Economic and Social Committee’ shall be deleted. |
75) |
In Article 80, paragraph 2 shall be replaced by the following: ‘2. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may lay down appropriate provisions for sea and air transport. They shall act after consulting the Economic and Social Committee and the Committee of the Regions.’. |
RULES ON COMPETITION
76) |
In Article 85, the following new paragraph 3 shall be added: ‘3. The Commission may adopt regulations relating to the categories of agreement in respect of which the Council has adopted a regulation or a directive pursuant to Article 83(2)(b).’. |
77) |
Article 87 shall be amended as follows:
|
78) |
In Article 88, the following new paragraph 4 shall be added: ‘4. The Commission may adopt regulations relating to the categories of State aid that the Council has, pursuant to Article 89, determined may be exempted from the procedure provided for by paragraph 3 of this Article.’. |
TAX PROVISIONS
79) |
At the end of Article 93, the words ‘within the time limit laid down in Article 14’ shall be replaced by ‘and to avoid distortion of competition.’. |
APPROXIMATION OF LAWS
80) |
The order of Articles 94 and 95 shall be reversed. Article 94 shall be renumbered 95 and Article 95 shall be renumbered 94. |
81) |
Article 95, renumbered 94, shall be amended as follows:
|
82) |
In Article 94, renumbered 95, the words ‘Without prejudice to Article 94,’ shall be inserted at the beginning. |
83) |
In Article 96, second paragraph, first sentence, the words ‘, the Council shall, on a proposal from the Commission, acting by a qualified majority, issue’ shall be replaced by ‘, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall issue’. The second sentence shall be replaced by ‘Any other appropriate measures provided for in the Treaties may be adopted.’. |
INTELLECTUAL PROPERTY
84) |
The following new Article 97a shall be inserted as the final article of Title VI: ‘Article 97a In the context of the establishment and functioning of the internal market, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall establish measures for the creation of European intellectual property rights to provide uniform protection of intellectual property rights throughout the Union and for the setting up of centralised Union-wide authorisation, coordination and supervision arrangements. The Council, acting in accordance with a special legislative procedure, shall by means of regulations establish language arrangements for the European intellectual property rights. The Council shall act unanimously after consulting the European Parliament.’. |
ECONOMIC AND MONETARY POLICY
85) |
An Article 97b shall be inserted as the first article of Title VII, with the wording of Article 4; it shall be amended as follows:
|
86) |
Article 99 shall be amended as follows:
|
DIFFICULTIES IN THE SUPPLY OF CERTAIN PRODUCTS (ENERGY)
87) |
In Article 100, paragraph 1 shall be replaced by the following: ‘1. Without prejudice to any other procedures provided for in the Treaties, the Council, on a proposal from the Commission, may decide, in a spirit of solidarity between Member States, upon the measures appropriate to the economic situation, in particular if severe difficulties arise in the supply of certain products, notably in the area of energy.’. |
OTHER PROVISIONS — ECONOMIC AND MONETARY POLICY
88) |
In Article 102, paragraph 2 shall be deleted and paragraph 1 shall not be numbered; |
89) |
In Article 103, paragraph 2 shall be replaced by the following: ‘2. The Council, on a proposal from the Commission and after consulting the European Parliament, may, as required, specify definitions for the application of the prohibitions referred to in Articles 101 and 102 and in this Article.’. |
EXCESSIVE DEFICIT PROCEDURE
90) |
Article 104 shall be amended as follows:
|
MONETARY POLICY
91) |
Article 105 shall be amended as follows:
|
92) |
Article 106 shall be amended as follows:
|
93) |
Article 107 shall be amended as follows:
|
94) |
In Article 109, the words ‘, at the latest at the date of the establishment of the ESCB,’ shall be deleted. |
95) |
In Article 110, the first four subparagraphs of paragraph 2 shall be deleted. |
MEASURES RELATING TO USE OF THE EURO
96) |
In Article 111, paragraphs 1 to 3 and 5 shall become, respectively, paragraphs 1 to 4 of Article 188 O; they shall be amended as set out below in point 174. The text of paragraph 4 shall become paragraph 1 of Article 115 C; it shall be amended as set out below in point 100. |
97) |
The following Article 111a shall be inserted: ‘Article 111a Without prejudice to the powers of the European Central Bank, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall lay down the measures necessary for the use of the euro as the single currency. Such measures shall be adopted after consultation of the European Central Bank.’. |
INSTITUTIONAL PROVISIONS (EMU)
98) |
The text of Article 112 shall become Article 245b, and shall be amended as set out in point 228 below. The text of Article 113 shall become Article 245c. |
99) |
Article 114 shall be amended as follows:
|
PROVISIONS SPECIFIC TO MEMBER STATES WHOSE CURRENCY IS THE EURO
100) |
The following new Chapter 3a and new Articles 115 A, 115 B and 115 C shall be inserted: ‘CHAPTER 3a PROVISIONS SPECIFIC TO MEMBER STATES WHOSE CURRENCY IS THE EURO Article 115 A
A qualified majority of the said members shall be defined in accordance with Article 205(3)(a). Article 115 B Arrangements for meetings between ministers of those Member States whose currency is the euro are laid down by the Protocol on the Euro Group. Article 115 C
A qualified majority of the said members shall be defined in accordance with Article 205(3)(a).’. |
TRANSITIONAL PROVISIONS RELATING TO MEMBER STATES WITH A DEROGATION
101) |
Article 116 shall be repealed, and the following Article 116a shall be inserted: ‘Article 116a
In the Articles referred to in points (a) to (j), “Member States” shall therefore mean Member States whose currency is the euro.
A qualified majority of the other members of the Council shall be defined in accordance with Article 205(3)(a).’. |
102) |
Article 117 shall be repealed, with the exception of the first five indents of paragraph 2 thereof, which shall become the first five indents of paragraph 2 of Article 118a; they shall be amended as set out in point 103 below. A new Article 117a shall be inserted as follows:
|
103) |
Article 118 shall be repealed. A new Article 118a shall be inserted as follows:
|
104) |
An Article 118b shall be inserted, with the wording of Article 124(1); it shall be amended as follows:
|
105) |
Article 119 shall be amended as follows:
|
106) |
Article 120 shall be amended as follows:
|
107) |
Article 121(1) shall become Article 117a(1); it shall be amended as set out above in point 102. The rest of Article 121 shall be repealed. |
108) |
In Article 122(2), the second sentence shall become the first subparagraph of Article 117a(2); it shall be amended as set out above in point 102. The rest of Article 122 shall be repealed. |
109) |
Article 123(3) shall become Article 118a(1) and Article 123(5) shall become Article 117a(3); they shall be amended as set out above in points 103 and 102 respectively. The rest of Article 123 shall be repealed. |
110) |
Article 124(1) shall become the new Article 118b; it shall be amended as set out above in point 104. The rest of Article 124 shall be repealed. |
EMPLOYMENT
111) |
In Article 125, the words ‘and in Article 2 of this Treaty’ shall be deleted. |
TITLES WHICH ARE TO BE MOVED
112) |
Title IX ‘COMMON COMMERCIAL POLICY’ shall become Title II in Part Five on the Union's external action and Articles 131 and 133 shall become Articles 188 B and 188 C respectively. Article 131 shall be amended as set out below in point 157 and Article 133 shall be replaced by Article 188 C. Articles 132 and 134 shall be repealed. |
113) |
Title X ‘CUSTOMS COOPERATION’ shall become Chapter 1a in Title Ia, ‘Free movement of goods’ and Article 135 shall become Article 27a, as set out above in point 45. |
SOCIAL POLICY
114) |
The heading of Title XI ‘SOCIAL POLICY, EDUCATION, VOCATIONAL TRAINING AND YOUTH’ shall be replaced by the heading ‘SOCIAL POLICY’, renumbered IX; the heading ‘Chapter 1 — Social provisions’ shall be deleted. |
115) |
The following new Article 136a shall be inserted: ‘Article 136a The Union recognises and promotes the role of the social partners at its level, taking into account the diversity of national systems. It shall facilitate dialogue between the social partners, respecting their autonomy. The Tripartite Social Summit for Growth and Employment shall contribute to social dialogue.’. |
116) |
Article 137 shall be amended as follows:
|
117) |
In Article 138(4), first sentence, the words ‘On the occasion of such consultation,’ shall be replaced by ‘On the occasion of the consultation referred to in paragraphs 2 and 3,’ and, in the second sentence, the words ‘the procedure’ shall be replaced by ‘this process’. |
118) |
Article 139(2) shall be amended as follows:
|
119) |
In Article 140, the following words shall be added at the end of the second subparagraph: ‘, in particular initiatives aiming at the establishment of guidelines and indicators, the organisation of exchange of best practice, and the preparation of the necessary elements for periodic monitoring and evaluation. The European Parliament shall be kept fully informed.’. |
120) |
In Article 143, the second paragraph shall be deleted. |
EUROPEAN SOCIAL FUND
121) |
Chapter 2 shall be renumbered TITLE X. |
122) |
In Article 148, the words ‘implementing decisions’ shall be replaced by ‘implementing regulations’. |
EDUCATION, VOCATIONAL TRAINING, YOUTH AND SPORT
123) |
Chapter 3 shall be renumbered TITLE XI and the words ‘AND YOUTH’ at the end of the heading shall be replaced by ‘, YOUTH AND SPORT’. |
124) |
Article 149 shall be amended as follows:
|
125) |
In Article 150(4), the following words shall be added at the end: ‘, and the Council, on a proposal from the Commission, shall adopt recommendations’. |
CULTURE
126) |
Article 151(5) shall be amended as follows:
|
PUBLIC HEALTH
127) |
Article 152 shall be amended as follows:
|
CONSUMER PROTECTION
128) |
Article 153(2) shall become Article 6a and paragraphs 3, 4 and 5 shall be renumbered 2, 3 and 4 respectively. |
INDUSTRY
129) |
Article 157 shall be amended as follows:
|
ECONOMIC, SOCIAL AND TERRITORIAL COHESION
130) |
The heading of Title XVII shall be replaced by: ‘ECONOMIC, SOCIAL AND TERRITORIAL COHESION’. |
131) |
Article 158 shall be amended as follows:
|
132) |
In Article 159, second paragraph, the words ‘economic and social’ shall be replaced by ‘economic, social and territorial’. |
133) |
Article 161 shall be amended as follows:
|
134) |
In Article 162, first paragraph, the words ‘implementing decisions’ shall be replaced by ‘implementing regulations’. |
RESEARCH AND TECHNOLOGICAL DEVELOPMENT
135) |
The words ‘AND SPACE’ shall be added to the heading of Title XVIII. |
136) |
Article 163 shall be amended as follows:
|
137) |
The following shall be added at the end of Article 165(2): ‘, in particular initiatives aiming at the establishment of guidelines and indicators, the organisation of exchange of best practice, and the preparation of the necessary elements for periodic monitoring and evaluation. The European Parliament shall be kept fully informed.’. |
138) |
Article 166 shall be amended as follows:
|
139) |
In Article 167, the words ‘the Council’ shall be replaced by ‘the Union’. |
140) |
In Article 168, second paragraph, the words ‘the Council’ shall be replaced by ‘the Union’. |
141) |
In the second paragraph of Article 170, the words ‘, which shall be negotiated and concluded in accordance with Article 300’ shall be deleted. |
SPACE
142) |
The following new Article 172a shall be inserted: ‘Article 172a
|
ENVIRONMENT (CLIMATE CHANGE)
143) |
Article 174 shall be amended as follows:
|
144) |
Article 175 shall be amended as follows:
|
TITLES WHICH ARE TO BE MOVED
145) |
Title XX ‘DEVELOPMENT COOPERATION’ shall become Chapter I of Title III of Part Five on the Union's external action, and Articles 177, 179, 180 and 181 shall become Articles 188 D to 188 G respectively; those articles shall be amended as set out below in points 161 to 164. Article 178 shall be repealed. |
146) |
Title XXI ‘ECONOMIC, FINANCIAL AND TECHNICAL COOPERATION WITH THIRD COUNTRIES’ shall become Chapter 2 of Title III of Part Five on the Union's external action and Article 181a shall become the new Article 188 H; that Article shall be amended as set out below in point 166. |
ENERGY
147) |
Title XX shall be replaced by the following new Title and new Article 176 A: ‘TITLE XX ENERGY Article 176 A
Such measures shall not affect a Member State's right to determine the conditions for exploiting its energy resources, its choice between different energy sources and the general structure of its energy supply, without prejudice to Article 175(2)(c).
|
TOURISM
148) |
Title XXI shall be replaced by the following new Title and new Article 176 B: ‘TITLE XXI TOURISM Article 176 B
To that end, Union action shall be aimed at:
|
CIVIL PROTECTION
149) |
The following new Title XXII and new Article 176 C shall be inserted: ‘TITLE XXII CIVIL PROTECTION Article 176 C
Union action shall aim to:
|
ADMINISTRATIVE COOPERATION
150) |
The following new Title XXIII and new Article 176 D shall be inserted: ‘TITLE XXIII ADMINISTRATIVE COOPERATION Article 176 D
|
ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES
151) |
At the end of Article 182, first paragraph, the words ‘to this Treaty’ shall be deleted. |
152) |
At the end of Article 186, the words ‘shall be governed by agreements to be concluded subsequently with the unanimous approval of Member States’ shall be replaced by ‘shall be regulated by acts adopted in accordance with Article 187’. |
153) |
In Article 187, the words ‘acting unanimously’ shall be replaced by ‘acting unanimously on a proposal from the Commission’ and the following sentence shall be added at the end of the Article: ‘Where the provisions in question are adopted by the Council in accordance with a special legislative procedure, it shall act unanimously on a proposal from the Commission and after consulting the European Parliament.’. |
EXTERNAL ACTION BY THE UNION
154) |
A new Part Five shall be inserted. Its heading shall be ‘EXTERNAL ACTION BY THE UNION’ and it shall contain the following Titles and Chapters:
|
GENERAL PROVISIONS
155) |
The following new Title I and new Article 188 A shall be inserted: ‘TITLE I GENERAL PROVISONS ON THE UNION'S EXTERNAL ACTION Article 188 A The Union's action on the international scene, pursuant to this Part, shall be guided by the principles, pursue the objectives and be conducted in accordance with the general provisions laid down in Chapter 1 of Title V of the Treaty on European Union.’. |
COMMON COMMERCIAL POLICY
156) |
A Title II ‘COMMON COMMERCIAL POLICY’ shall be inserted, taking over the heading of Title IX of Part 3. |
157) |
An Article 188 B shall be inserted, with the wording of Article 131; it shall be amended as follows:
|
158) |
An Article 188 C shall be inserted, replacing Article 133: ‘Article 188 C
The Commission shall make recommendations to the Council, which shall authorise it to open the necessary negotiations. The Council and the Commission shall be responsible for ensuring that the agreements negotiated are compatible with internal Union policies and rules. The Commission shall conduct these negotiations in consultation with a special committee appointed by the Council to assist the Commission in this task and within the framework of such directives as the Council may issue to it. The Commission shall report regularly to the special committee and to the European Parliament on the progress of negotiations.
For the negotiation and conclusion of agreements in the fields of trade in services and the commercial aspects of intellectual property, as well as foreign direct investment, the Council shall act unanimously where such agreements include provisions for which unanimity is required for the adoption of internal rules. The Council shall also act unanimously for the negotiation and conclusion of agreements:
|
DEVELOPMENT COOPERATION
159) |
A Title III ‘COOPERATION WITH THIRD COUNTRIES AND HUMANITARIAN AID’ shall be inserted. |
160) |
A Chapter 1 ‘DEVELOPMENT COOPERATION’ shall be inserted, taking over the heading of Title XX of Part 3. |
161) |
An Article 188 D shall be inserted, with the wording of Article 177; it shall be amended as follows:
|
162) |
An Article 188 E shall be inserted, with the wording of Article 179; it shall be amended as follows:
|
163) |
An Article 188 F shall be inserted, with the wording of Article 180; it shall be amended as follows: At the beginning of paragraph 1, the following words shall be inserted: ‘In order to promote the complementarity and efficiency of their action,’. |
164) |
An Article 188 G shall be inserted, with the wording of Article 181; the second sentence of the first paragraph and the second paragraph shall be deleted. |
ECONOMIC, FINANCIAL AND TECHNICAL COOPERATION WITH THIRD COUNTRIES
165) |
A Chapter 2 ‘ECONOMIC, FINANCIAL AND TECHNICAL COOPERATION WITH THIRD COUNTRIES’ shall be inserted, taking over the heading of Title XXI of Part 3. |
166) |
An Article 188 H shall be inserted, with the wording of Article 181a; it shall be amended as follows:
|
167) |
The following new Article 188 I shall be inserted: ‘Article 188 I When the situation in a third country requires urgent financial assistance from the Union, the Council shall adopt the necessary decisions on a proposal from the Commission.’. |
HUMANITARIAN AID
168) |
The following new Chapter 3 and new Article 188 J shall be inserted: ‘CHAPTER 3 HUMANITARIAN AID Article 188 J
The first subparagraph shall be without prejudice to Member States' competence to negotiate in international bodies and to conclude agreements.
|
RESTRICTIVE MEASURES
169) |
The following Title IV and Article 188 K shall be inserted, replacing Article 301: ‘TITLE IV RESTRICTIVE MEASURES Article 188 K
|
INTERNATIONAL AGREEMENTS
170) |
A Title V ‘INTERNATIONAL AGREEMENTS’ shall be inserted after Article 188 K. |
171) |
The following Article 188 L shall be inserted: ‘Article 188 L
|
172) |
An Article 188 M shall be inserted, with the wording of Article 310. The word ‘States’ shall be replaced by ‘third countries’. |
173) |
An Article 188 N shall be inserted, replacing Article 300: ‘Article 188 N
Except where agreements relate exclusively to the common foreign and security policy, the Council shall adopt the decision concluding the agreement:
However, it shall act unanimously when the agreement covers a field for which unanimity is required for the adoption of a Union act as well as for association agreements and the agreements referred to in Article 188 H with the States which are candidates for accession. The Council shall also act unanimously for the agreement on accession of the Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms; the decision concluding this agreement shall enter into force after it has been approved by the Member States in accordance with their respective constitutional requirements.
|
174) |
An Article 188 O shall be inserted, with the wording of paragraphs 1 to 3 and 5 of Article 111 and paragraph 1 shall be split into two subparagraphs, the last two sentences becoming the second subparagraph; the Article shall be amended as follows:
|
THE UNION'S RELATIONS WITH INTERNATIONAL ORGANISATIONS AND THIRD COUNTRIES AND UNION DELEGATIONS
175) |
The following Title VI and Articles 188 P and 188 Q shall be inserted, with Article 188 P replacing Articles 302 to 304: ‘TITLE VI THE UNION'S RELATIONS WITH INTERNATIONAL ORGANISATIONS AND THIRD COUNTRIES AND UNION DELEGATIONS Article 188 P
The Union shall also maintain such relations as are appropriate with other international organisations.
Article 188 Q
|
SOLIDARITY CLAUSE
176) |
The following new Title VII and new Article 188 R shall be inserted: ‘TITLE VII SOLIDARITY CLAUSE Article 188 R
For the purposes of this paragraph and without prejudice to Article 207, the Council shall be assisted by the Political and Security Committee with the support of the structures developed in the context of the common security and defence policy and by the Committee referred to in Article 61 D; the two committees shall, if necessary, submit joint opinions.
|
INSTITUTIONAL AND FINANCIAL PROVISIONS
177) |
Part Five shall be renumbered ‘PART SIX’ and its heading shall be replaced by ‘INSTITUTIONAL AND FINANCIAL PROVISIONS’. |
EUROPEAN PARLIAMENT
178) |
Article 189 shall be repealed. |
179) |
Article 190 shall be amended as follows:
|
180) |
In Article 191, the first paragraph shall be deleted. In the second paragraph, the words ‘, by means of regulations,’ shall be inserted before ‘shall lay down’ and the words ‘referred to in Article 8 A(4) of the Treaty on European Union’ shall be inserted after ‘at European level’. |
181) |
In Article 192, the first paragraph shall be deleted; in the second paragraph, the words ‘of its Members’ shall be replaced by ‘of its component members’ and the following sentence shall be added at the end of the paragraph: ‘If the Commission does not submit a proposal, it shall inform the European Parliament of the reasons.’. |
182) |
Article 193 shall be amended as follows:
|
183) |
Article 195 shall be amended as follows:
|
184) |
In the second paragraph of Article 196, the words ‘in extraordinary session’ shall be replaced by ‘in extraordinary part-session’ and the words ‘of its Members’ shall be replaced by ‘of its component members’. |
185) |
Article 197 shall be amended as follows:
|
186) |
In the first paragraph of Article 198, the word ‘absolute’ shall be deleted. |
187) |
In the second paragraph of Article 199, the words ‘manner laid down in its Rules of Procedure’ shall be replaced by ‘manner laid down in the Treaties and in its Rules of Procedure’. |
188) |
In Article 201, the second paragraph shall be replaced by the following: ‘If the motion of censure is carried by a two-thirds majority of the votes cast, representing a majority of the component members of the European Parliament, the members of the Commission shall resign as a body and the High Representative of the Union for Foreign Affairs and Security Policy shall resign from duties that he or she carries out in the Commission. They shall remain in office and continue to deal with current business until they are replaced in accordance with Article 9 D of the Treaty on European Union. In this case, the term of office of the members of the Commission appointed to replace them shall expire on the date on which the term of office of the members of the Commission obliged to resign as a body would have expired.’. |
EUROPEAN COUNCIL
189) |
The following new Section 1a and new Articles 201a and 201b shall be inserted: ‘SECTION 1a THE EUROPEAN COUNCIL Article 201a
Article 9 C(4) of the Treaty on European Union and Article 205(2) of this Treaty shall apply to the European Council when it is acting by a qualified majority. Where the European Council decides by vote, its President and the President of the Commission shall not take part in the vote. Abstentions by members present in person or represented shall not prevent the adoption by the European Council of acts which require unanimity.
Article 201b The European Council shall adopt by a qualified majority:
|
COUNCIL
190) |
Articles 202 and 203 shall be repealed. |
191) |
Article 205 shall be amended as follows:
|
192) |
Article 207 shall be replaced by the following: ‘Article 207
The Council shall decide on the organisation of the General Secretariat by a simple majority.
|
193) |
In Article 208, the following sentence shall be added at the end of the Article: ‘If the Commission does not submit a proposal, it shall inform the Council of the reasons.’. |
194) |
In Article 209, the words ‘receiving an opinion from’ shall be replaced by ‘consulting’. |
195) |
Article 210 shall be replaced by the following: ‘Article 210 The Council shall determine the salaries, allowances and pensions of the President of the European Council, the President of the Commission, the High Representative of the Union for Foreign Affairs and Security Policy, the members of the Commission, the Presidents, members and Registrars of the Court of Justice of the European Union, and the Secretary-General of the Council. It shall also determine any payment to be made instead of remuneration.’. |
COMMISSION
196) |
Article 211 shall be repealed. The following Article 211a shall be inserted: ‘Article 211a In accordance with Article 9 D(5) of the Treaty on European Union, the members of the Commission shall be chosen on the basis of a system of rotation established unanimously by the European Council and on the basis of the following principles:
|
197) |
Article 212 shall become a new paragraph 2 of Article 218. |
198) |
In Article 213, paragraph 1 shall be deleted and paragraph 2 shall not be numbered; its first two paragraphs shall be merged and shall read as follows: ‘The Members of the Commission shall refrain from any action incompatible with their duties. Member States shall respect their independence and shall not seek to influence them in the performance of their tasks.’. |
199) |
Article 214 shall be repealed. |
200) |
Article 215 shall be amended as follows:
|
201) |
In Article 217, paragraphs 1, 3 and 4 shall be deleted and paragraph 2 shall not be numbered. Its first sentence shall be replaced by the following: ‘Without prejudice to Article 9 E(4) of the Treaty on European Union, the responsibilities incumbent upon the Commission shall be structured and allocated among its members by its President, in accordance with Article 9 D(6) of that Treaty’. |
202) |
In Article 218, paragraph 1 shall be deleted; paragraph 2 shall be renumbered 1 and the words ‘in accordance with the provisions of this Treaty’ shall be deleted. A paragraph 2 shall be inserted, with the wording of Article 212. |
203) |
In Article 219, first paragraph, the words ‘of the number of Members provided for in Article 213’ shall be replaced by ‘of its members’ and the second paragraph shall be replaced by ‘Its Rules of Procedure shall determine the quorum.’. |
COURT OF JUSTICE
204) |
In the heading of Section 4, the words ‘OF THE EUROPEAN UNION’ shall be added. |
205) |
Article 220 shall be repealed. |
206) |
In Article 221, the first paragraph shall be deleted. |
207) |
In Article 223, the words ‘, after consultation of the panel provided for in Article 224a’ shall be added at the end of the first paragraph. |
208) |
In Article 224, first paragraph, the first sentence shall be deleted and the words ‘of the Court’ shall be inserted after ‘The number of Judges’. In the second paragraph, the words ‘, after consultation of the panel provided for in Article 224a’ shall be inserted at the end of the second sentence. |
209) |
The following new Article 224a shall be inserted: ‘Article 224a A panel shall be set up in order to give an opinion on candidates' suitability to perform the duties of Judge and Advocate-General of the Court of Justice and the General Court before the governments of the Member States make the appointments referred to in Articles 223 and 224. The panel shall comprise seven persons chosen from among former members of the Court of Justice and the General Court, members of national supreme courts and lawyers of recognised competence, one of whom shall be proposed by the European Parliament. The Council shall adopt a decision establishing the panel's operating rules and a decision appointing its members. It shall act on the initiative of the President of the Court of Justice.’. |
210) |
In Article 225, paragraph 1, first subparagraph, first sentence, the words ‘assigned to a judicial panel and those’ shall be replaced by ‘assigned to a specialised court set up under Article 225a and those’ and in paragraph 2, first subparagraph, the words ‘set up under Article 225a’ shall be deleted. |
211) |
Article 225a shall be amended as follows:
|
212) |
Article 228 shall be amended as follows:
|
213) |
In Article 229a, the words ‘the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament,’ shall be replaced by ‘the Council, acting unanimously in accordance with a special legislative procedure and after consulting the European Parliament,’ and the words ‘Community industrial property rights’ shall be replaced by ‘European intellectual property rights’. The last sentence shall be replaced by the following: ‘These provisions shall enter into force after their approval by the Member States in accordance with their respective constitutional requirements.’. |
214) |
Article 230 shall be amended as follows:
|
215) |
In Article 231, the second paragraph shall be replaced by the following: ‘However, the Court shall, if it considers this necessary, state which of the effects of the act which it has declared void shall be considered as definitive.’. |
216) |
Article 232 shall be amended as follows:
|
217) |
In Article 233, first paragraph, the words ‘or institutions’ shall be deleted; the third paragraph shall be deleted. |
218) |
In Article 234, first paragraph, point (b), the words ‘and of the ECB’ shall be deleted and point (c) shall be deleted. The following paragraph shall be added at the end of the Article: ‘If such a question is raised in a case pending before a court or tribunal of a Member State with regard to a person in custody, the Court of Justice of the European Union shall act with the minimum of delay.’. |
219) |
In Article 235, the reference to the second paragraph of Article 288 shall be replaced by a reference to the second and third paragraphs of Article 288. |
220) |
The following new Article 235a shall be inserted: ‘Article 235a The Court of Justice shall have jurisdiction to decide on the legality of an act adopted by the European Council or by the Council pursuant to Article 7 of the Treaty on European Union solely at the request of the Member State concerned by a determination of the European Council or of the Council and in respect solely of the procedural stipulations contained in that Article. Such a request must be made within one month from the date of such determination. The Court shall rule within one month from the date of the request.’. |
221) |
In Article 236, the words ‘in the Staff Regulations or the Conditions of Employment’ shall be replaced by ‘in the Staff Regulations of Officials and the Conditions of Employment of other servants of the Union’. |
222) |
In Article 237(d), at the beginning of the second sentence, the word ‘Governing’ shall be inserted before ‘Council’. |
223) |
The following two new Articles 240a and 240b shall be inserted: ‘Article 240a The Court of Justice of the European Union shall not have jurisdiction with respect to the provisions relating to the common foreign and security policy nor with respect to acts adopted on the basis of those provisions. However, the Court shall have jurisdiction to monitor compliance with Article 25b of the Treaty on European Union and to rule on proceedings, brought in accordance with the conditions laid down in the fourth paragraph of Article 230 of this Treaty, reviewing the legality of decisions providing for restrictive measures against natural or legal persons adopted by the Council on the basis of Chapter 2 of Title V of the Treaty on European Union. Article 240b In exercising its powers regarding the provisions of Chapters 4 and 5 of Title IV of Part Three relating to the area of freedom, security and justice, the Court of Justice of the European Union 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.’. |
224) |
Article 241 shall be replaced by the following: ‘Article 241 Notwithstanding the expiry of the period laid down in Article 230, fifth paragraph, any party may, in proceedings in which an act of general application adopted by an institution, body, office or agency of the Union is at issue, plead the grounds specified in Article 230, second paragraph, in order to invoke before the Court of Justice of the European Union the inapplicability of that act.’. |
225) |
In Article 242, second sentence, the words ‘of Justice’ after ‘Court’ shall be deleted. |
226) |
In Article 245, the second paragraph shall be replaced by the following: ‘The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may amend the provisions of the Statute, with the exception of Title I and Article 64. The European Parliament and the Council shall act either at the request of the Court of Justice and after consultation of the Commission, or on a proposal from the Commission and after consultation of the Court of Justice.’. |
EUROPEAN CENTRAL BANK
227) |
The following Section 4a and Article 245a shall be inserted: ‘SECTION 4a THE EUROPEAN CENTRAL BANK Article 245a
|
228) |
An Article 245b shall be inserted, with the wording of Article 112; it shall be amended as follows:
|
229) |
An Article 245c shall be inserted, with the wording of Article 113. |
COURT OF AUDITORS
230) |
In Article 246, the word ‘Union's’ shall be inserted before ‘audit’ and the following new paragraph shall be added as a second paragraph: ‘It shall consist of one national of each Member State. Its members shall be completely independent in the performance of their duties, in the Union's general interest.’. |
231) |
Article 247 shall be amended as follows:
|
232) |
In Article 248, the word ‘bodies’ shall be replaced by ‘bodies, offices or agencies’, singular or plural as the case may be, except in the expression ‘national audit bodies’ and except in the final sentence of the first subparagraph of Article 248(3). |
LEGAL ACTS OF THE UNION
233) |
The heading of Chapter 2 shall be replaced by the following ‘LEGAL ACTS OF THE UNION, ADOPTION PROCEDURES AND OTHER PROVISIONS’. |
234) |
A Section 1 shall be inserted above Article 249: |
235) |
Article 249 shall be amended as follows:
|
236) |
The following new Articles 249 A to 249 D shall be inserted: ‘Article 249 A
Article 249 B
The objectives, content, scope and duration of the delegation of power shall be explicitly defined in the legislative acts. The essential elements of an area shall be reserved for the legislative act and accordingly shall not be the subject of a delegation of power.
For the purposes of (a) and (b), the European Parliament shall act by a majority of its component members, and the Council by a qualified majority.
Article 249 C
Article 249 D The Council shall adopt recommendations. It shall act on a proposal from the Commission in all cases where the Treaties provide that it shall adopt acts on a proposal from the Commission. It shall act unanimously in those areas in which unanimity is required for the adoption of a Union act. The Commission, and the European Central Bank in the specific cases provided for in the Treaties, shall adopt recommendations.’. |
PROCEDURES FOR THE ADOPTION OF ACTS AND OTHER PROVISIONS
237) |
A Section 2 ‘PROCEDURES FOR THE ADOPTION OF ACTS AND OTHER PROVISIONS’ shall be inserted before Article 250. |
238) |
In Article 250, paragraph 1 shall be replaced by the following: ‘1. Where, pursuant to the Treaties, the Council acts on a proposal from the Commission, the Council may amend that proposal only by acting unanimously, except in the cases referred to in paragraphs 10 and 13 of Article 251, in Articles 268, 270a and 272 and in the second paragraph of Article 273.’. |
239) |
Article 251 shall be amended as follows:
|
240) |
Article 252 shall be repealed. The following new Article 252a shall be inserted: ‘Article 252a The European Parliament, the Council and the Commission shall consult each other and by common agreement make arrangements for their cooperation. To that end, they may, in compliance with the Treaties, conclude interinstitutional agreements which may be of a binding nature.’. |
241) |
Article 253 shall be replaced by the following: ‘Article 253 Where the Treaties do not specify the type of act to be adopted, the institutions shall select it on a case-by-case basis, in compliance with the applicable procedures and with the principle of proportionality. Legal acts shall state the reasons on which they are based and shall refer to any proposals, initiatives, recommendations, requests or opinions required by the Treaties. When considering draft legislative acts, the European Parliament and the Council shall refrain from adopting acts not provided for by the relevant legislative procedure in the area in question.’. |
242) |
Article 254 shall be replaced by the following: ‘Article 254
Legislative acts adopted under a special legislative procedure shall be signed by the President of the institution which adopted them. Legislative acts shall be published in the Official Journal of the European Union. They shall enter into force on the date specified in them or, in the absence thereof, on the twentieth day following that of their publication.
Regulations and directives which are addressed to all Member States, as well as decisions which do not specify to whom they are addressed, shall be published in the Official Journal of the European Union. They shall enter into force on the date specified in them or, in the absence thereof, on the twentieth day following that of their publication. Other directives, and decisions which specify to whom they are addressed, shall be notified to those to whom they are addressed and shall take effect upon such notification.’. |
243) |
The following new Article 254a shall be inserted: ‘Article 254a
|
244) |
Article 255 shall become Article 16 A; it shall be amended as set out above in point 28. |
245) |
In Article 256, first paragraph, the words ‘Decisions of the Council or of the Commission which impose’ shall be replaced by ‘Acts of the Council, the Commission or the European Central Bank which impose’. |
ADVISORY BODIES
246) |
The following new Chapter 3 and Article 256a shall be inserted; Chapters 3 and 4 shall become Section 1 and Section 2 respectively and Chapter 5 shall be renumbered 4: ‘CHAPTER 3 THE UNION'S ADVISORY BODIES Article 256a
|
ECONOMIC AND SOCIAL COMMITTEE
247) |
Articles 257 and 261 shall be repealed. |
248) |
In Article 258, the second and third paragraphs shall be replaced by the following paragraph: ‘The Council, acting unanimously on a proposal from the Commission, shall adopt a decision determining the Committee's composition.’. |
249) |
Article 259 shall be amended as follows:
|
250) |
In Article 260, in the first paragraph, the words ‘two years’ shall be replaced by ‘two and a half years’ and in the third paragraph, the words ‘of the European Parliament,’ shall be inserted before ‘of the Council’. |
251) |
Article 262 shall be amended as follows:
|
COMMITTEE OF THE REGIONS
252) |
Article 263 shall be amended as follows:
|
253) |
In Article 264, first paragraph, the words ‘two years’ shall be replaced by ‘two and a half years’ and in the third paragraph, the words ‘of the European Parliament,’ shall be inserted before ‘of the Council’. |
254) |
Article 265 shall be amended as follows:
|
EUROPEAN INVESTMENT BANK
255) |
In Article 266, third paragraph, the words ‘at the request of the Commission’ shall be replaced by ‘on a proposal from the Commission’ and the words ‘in accordance with a special legislative procedure’ shall be inserted after ‘unanimously’ and the words ‘Articles 4, 11, and 12 and Article 18(5) of’ shall be deleted. |
256) |
In Article 267(b), the word ‘progressive’ shall be deleted and the words ‘or functioning’ shall be inserted after ‘establishment’. |
FINANCIAL PROVISIONS
257) |
Article 268 shall be amended as follows:
|
THE UNION'S OWN RESOURCES
258) |
A Chapter 1 ‘THE UNION'S OWN RESOURCES’ shall be inserted before Article 269. |
259) |
Article 269 shall be amended as follows:
|
260) |
Article 270 shall be repealed. |
MULTIANNUAL FINANCIAL FRAMEWORK
261) |
The following new Chapter 2 and new Article 270a shall be inserted: ‘CHAPTER 2 THE MULTIANNUAL FINANCIAL FRAMEWORK Article 270a
It shall be established for a period of at least five years. The annual budget of the Union shall comply with the multiannual financial framework.
The European Council may, unanimously, adopt a decision authorising the Council to act by a qualified majority when adopting the regulation referred to in the first paragraph.
The financial framework shall lay down any other provisions required for the annual budgetary procedure to run smoothly.
|
THE UNION'S ANNUAL BUDGET
262) |
A Chapter 3 ‘THE UNION'S ANNUAL BUDGET’ shall be inserted after Article 270a. |
263) |
An Article 270b shall be inserted, with the wording of Article 272(1). |
264) |
Article 271 shall become the new Article 273a; it shall be amended as set out below in point 267. |
265) |
Article 272(1) shall become Article 270b and paragraphs 2 to 10 of Article 272 shall be replaced by the following: ‘Article 272 The European Parliament and the Council, acting in accordance with a special legislative procedure, shall establish the Union's annual budget in accordance with the following provisions.
|
266) |
Article 273 shall be amended as follows:
|
267) |
An Article 273a shall be inserted, with the wording of Article 271; it shall be amended as follows:
|
IMPLEMENTATION OF THE BUDGET AND DISCHARGE
268) |
A Chapter 4 ‘IMPLEMENTATION OF THE BUDGET AND DISCHARGE’, shall be inserted before Article 274, which shall be amended as follows:
|
269) |
In Article 275 the order of the Council and the European Parliament shall be reversed. The following new second paragraph shall be added: ‘The Commission shall also submit to the European Parliament and to the Council an evaluation report on the Union's finances based on the results achieved, in particular in relation to the indications given by the European Parliament and the Council pursuant to Article 276’. |
270) |
In Article 276(1), the words ‘the accounts and the financial statement referred to in Article 275’ shall be replaced by ‘the accounts, the financial statement and the evaluation report referred to in Article 275.’. |
COMMON FINANCIAL PROVISIONS
271) |
A Chapter 5 ‘COMMON PROVISIONS’ shall be inserted before Article 277. |
272) |
Article 277 shall be replaced by the following: ‘Article 277 The multiannual financial framework and the annual budget shall be drawn up in euro.’. |
273) |
Article 279 shall be amended as follows:
|
274) |
The following new Articles 279a and 279b shall be inserted: ‘Article 279a The European Parliament, the Council and the Commission shall ensure that the financial means are made available to allow the Union to fulfil its legal obligations in respect of third parties. Article 279b Regular meetings between the Presidents of the European Parliament, the Council and the Commission shall be convened, on the initiative of the Commission, under the budgetary procedures referred to in this Chapter. The Presidents shall take all the necessary steps to promote consultation and the reconciliation of the positions of the institutions over which they preside in order to facilitate the implementation of this Title.’. |
COMBATING FRAUD
275) |
A Chapter 6 ‘COMBATING FRAUD’ shall be inserted before Article 280. |
276) |
Article 280 shall be amended as follows:
|
ENHANCED COOPERATION
277) |
A Title III ‘ENHANCED COOPERATION’ shall be inserted after Article 280. |
278) |
The following new Articles 280 A to 280 I shall be inserted, which, with Article 10 of the Treaty on European Union, shall replace the current Articles 27a to 27e, Articles 40 to 40b and Articles 43 to 45 of the Treaty on European Union and Articles 11 and 11a of the Treaty establishing the European Community: ‘Article 280 A Any enhanced cooperation shall comply with the Treaties and the law of the Union. Such cooperation shall not undermine the internal market or economic, social and territorial cohesion. It shall not constitute a barrier to or discrimination in trade between Member States, nor shall it distort competition between them. Article 280 B Any enhanced cooperation shall respect the competences, rights and obligations of those Member States which do not participate in it. Those Member States shall not impede its implementation by the participating Member States. Article 280 C
The Commission and the Member States participating in enhanced cooperation shall ensure that they promote participation by as many Member States as possible.
Article 280 D
Authorisation to proceed with the enhanced cooperation referred to in the first subparagraph shall be granted by the Council, on a proposal from the Commission and after obtaining the consent of the European Parliament.
Authorisation to proceed with enhanced cooperation shall be granted by a decision of the Council acting unanimously. Article 280 E All members of the Council may participate in its deliberations, but only members of the Council representing the Member States participating in enhanced cooperation shall take part in the vote. Unanimity shall be constituted by the votes of the representatives of the participating Member States only. A qualified majority shall be defined in accordance with Article 205(3). Article 280 F
The Commission shall, within four months of the date of receipt of the notification, confirm the participation of the Member State concerned. It shall note where necessary that the conditions of participation have been fulfilled and shall adopt any transitional measures necessary with regard to the application of the acts already adopted within the framework of enhanced cooperation. However, if the Commission considers that the conditions of participation have not been fulfilled, it shall indicate the arrangements to be adopted to fulfil those conditions and shall set a deadline for re-examining the request. On the expiry of that deadline, it shall re-examine the request, in accordance with the procedure set out in the second subparagraph. If the Commission considers that the conditions of participation have still not been met, the Member State concerned may refer the matter to the Council, which shall decide on the request. The Council shall act in accordance with Article 280 E. It may also adopt the transitional measures referred to in the second subparagraph on a proposal from the Commission.
The Council shall confirm the participation of the Member State concerned, after consulting the High Representative of the Union for Foreign Affairs and Security Policy and after noting, where necessary, that the conditions of participation have been fulfilled. The Council, on a proposal from the High Representative, may also adopt any transitional measures necessary with regard to the application of the acts already adopted within the framework of enhanced cooperation. However, if the Council considers that the conditions of participation have not been fulfilled, it shall indicate the arrangements to be adopted to fulfil those conditions and shall set a deadline for re-examining the request for participation. For the purposes of this paragraph, the Council shall act unanimously and in accordance with Article 280 E. Article 280 G Expenditure resulting from implementation of enhanced cooperation, other than administrative costs entailed for the institutions, shall be borne by the participating Member States, unless all members of the Council, acting unanimously after consulting the European Parliament, decide otherwise. Article 280 H
Article 280 I The Council and the Commission shall ensure the consistency of activities undertaken in the context of enhanced cooperation and the consistency of such activities with the policies of the Union, and shall cooperate to that end.’. |
GENERAL AND FINAL PROVISIONS
279) |
Part Six shall be renumbered ‘PART SEVEN’. |
280) |
Articles 281, 293, 305 and 314 shall be repealed. Article 286 shall be replaced by Article 16 B. |
281) |
In Article 282, the following sentence shall be added at the end: ‘However, the Union shall be represented by each of the institutions, by virtue of their administrative autonomy, in matters relating to their respective operation.’. |
282) |
At the beginning of Article 283, the words ‘The Council shall, acting by a qualified majority on a proposal from the Commission and after consulting’ shall be replaced by ‘The European Parliament and the Council shall, acting by means of regulations in accordance with the ordinary legislative procedure on a proposal from the Commission and after consulting’ and at the end the words ‘servants of those Communities’ shall be replaced by the words ‘servants of the Union’. |
283) |
In Article 288, the third paragraph shall be replaced by the following: ‘Notwithstanding the second paragraph, the European Central Bank shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by it or by its servants in the performance of their duties.’. |
284) |
In Article 290, the words ‘by means of regulations’ shall be added at the end. |
285) |
In Article 291, the words ‘, the European Monetary Institute’ shall be deleted. |
286) |
Article 294 shall become Article 48a. |
287) |
Article 299 shall be amended as follows:
|
288) |
Articles 300 and 301 shall be replaced by Articles 188 N and 188 K respectively and Articles 302 to 304 shall be replaced by Article 188 P. |
289) |
Article 308 shall be replaced by the following: ‘Article 308
|
290) |
The following new Article 308a shall be inserted: ‘Article 308a Article 48(7) of the Treaty on European Union shall not apply to the following Articles:
|
291) |
Article 309 shall be replaced by the following: ‘Article 309 For the purposes of Article 7 of the Treaty on European Union on the suspension of certain rights resulting from Union membership, the member of the European Council or of the Council representing the Member State in question shall not take part in the vote and the Member State in question shall not be counted in the calculation of the one third or four fifths of Member States referred to in paragraphs 1 and 2 of that Article. Abstentions by members present in person or represented shall not prevent the adoption of decisions referred to in paragraph 2 of that Article. For the adoption of the decisions referred to in paragraphs 3 and 4 of Article 7 of the Treaty on European Union, a qualified majority shall be defined in accordance with Article 205(3)(b) of this Treaty. Where, following a decision to suspend voting rights adopted pursuant to paragraph 3 of Article 7 of the Treaty on European Union, the Council acts by a qualified majority on the basis of a provision of the Treaties, that qualified majority shall be defined in accordance with Article 205(3)(b) of this Treaty, or, where the Council acts on a proposal from the Commission or from the High Representative of the Union for Foreign Affairs and Security Policy, in accordance with Article 205(3)(a). For the purposes of Article 7 of the Treaty on European Union, the European Parliament shall act by a two-thirds majority of the votes cast, representing the majority of its component members.’. |
292) |
Article 310 shall become Article 188 M. |
293) |
Article 311 shall be repealed. A new Article 311a shall be inserted, with the wording of Article 299(2), first subparagraph, and Article 299(3) to (6); the text shall be amended as follows:
|
294) |
The heading ‘FINAL PROVISIONS’ before Article 313 shall be deleted. |
295) |
The following Article 313a shall be inserted: ‘Article 313a The provisions of Article 53 of the Treaty on European Union shall apply to this Treaty.’. |
FINAL PROVISIONS
Article 3
This Treaty is concluded for an unlimited period.
Article 4
-
1.Protocol No 1 annexed to this Treaty contains the amendments to the Protocols annexed to the Treaty on European Union, to the Treaty establishing the European Community and/or to the Treaty establishing the European Atomic Energy Community.
-
2.Protocol No 2 annexed to this Treaty contains the amendments to the Treaty establishing the European Atomic Energy Community.
Article 5
-
1.The articles, sections, chapters, titles and parts of the Treaty on European Union and of the Treaty establishing the European Community, as amended by this Treaty, shall be renumbered in accordance with the tables of equivalences set out in the Annex to this Treaty, and which form an integral part of this Treaty.
-
2.The cross-references to the articles, sections, chapters, titles and parts of the Treaty on European Union and of the Treaty on the Functioning of the European Union, as well as between them, shall be adapted pursuant to paragraph 1 and the references to paragraphs of the said articles as renumbered or re-ordered by the provisions of this Treaty shall be adapted in accordance with those provisions.
References to the articles, sections, chapters, titles and parts of the Treaty on European Union and of the Treaty establishing the European Community contained in the other treaties and acts of primary legislation on which the Union is founded shall be adapted pursuant to paragraph 1 of this Article. References to recitals of the Treaty on European Union or to paragraphs or articles of the Treaty on European Union or of the Treaty establishing the European Community as renumbered or re-arranged by the provisions of this Treaty shall be adapted pursuant to this latter.
Such adaptations shall, where necessary, also apply in the event that the provision in question has been repealed.
-
3.The references to the recitals, articles, sections, chapters, titles and parts of the Treaty on European Union and of the Treaty establishing the European Community, as amended by this Treaty, contained in other instruments or acts shall be understood as referring to the recitals, articles, sections, chapters, titles and parts of those Treaties as renumbered pursuant to paragraph 1 and, respectively, to the paragraphs of the said articles, as renumbered or re-arranged by certain provisions of this Treaty.
Article 6
-
1.This Treaty shall be ratified by the High Contracting Parties in accordance with their respective constitutional requirements. The instruments of ratification shall be deposited with the Government of the Italian Republic.
-
2.This Treaty shall enter into force on 1 January 2009, provided that all the instruments of ratification have been deposited, or, failing that, on the first day of the month following the deposit of the instrument of ratification by the last signatory State to take this step.
Article 7
This Treaty, referred to as the Treaty of Lisbon, drawn up in a single original in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, the texts in each of these languages being equally authentic, shall be deposited in the archives of the Government of the Italian Republic, which will transmit a certified copy to each of the governments of the other signatory States.
IN WITNESS WHEREOF the undersigned Plenipotentiaries have signed this Treaty.
Съставено в Лисабон на тринадесети декември две хиляди и седма година.
Hecho en Lisboa, el trece de diciembre de dos mil siete.
V Lisabonu dne třináctého prosince dva tisíce sedm.
Udfærdiget i Lissabon den trettende december to tusind og syv.
Geschehen zu Lissabon am dreizehnten Dezember zweitausendsieben.
Kahe tuhande seitsmenda aasta detsembrikuu kolmeteistkümnendal päeval Lissabonis.
Έγινε στη Λισσαβώνα, στις δέκα τρεις Δεκεμβρίου δύο χιλιάδες επτά.
Done at Lisbon on the thirteenth day of December in the year two thousand and seven.
Fait à Lisbonne, le treize décembre deux mille sept.
Arna dhéanamh i Liospóin, an tríú lá déag de Nollaig sa bhliain dhá mhíle a seacht.
Fatto a Lisbona, addì tredici dicembre duemilasette.
Lisabonā, divtūkstoš septītā gada trīspadsmitajā decembrī.
Priimta Lisabonoje du tūkstančiai septintųjų metų gruodžio tryliktą dieną.
Kelt Lisszabonban, a kétezer-hetedik év december tizenharmadik napján.
Magħmul f'Lisbona, fit-tlettax-il jum ta' Diċembru tas-sena elfejn u sebgħa.
Gedaan te Lissabon, de dertiende december tweeduizend zeven.
Sporządzono w Lizbonie dnia trzynastego grudnia roku dwa tysiące siódmego.
Feito em Lisboa, em treze de Dezembro de dois mil e sete.
Întocmit la Lisabona la treisprezece decembrie două mii șapte.
V Lisabone dňa trinásteho decembra dvetisícsedem.
V Lizboni, dne trinajstega decembra leta dva tisoč sedem.
Tehty Lissabonissa kolmantenatoista päivänä joulukuuta vuonna kaksituhattaseitsemän.
Som skedde i Lissabon den trettonde december tjugohundrasju.
Voor Zijne Majesteit de Koning der Belgen
Pour Sa Majesté le Roi des Belges
Für Seine Majestät den König der Belgier
„Deze handtekening verbindt eveneens de Vlaamse Gemeenschap, de Franse Gemeenschap, de Duitstalige Gemeenschap, het Vlaamse Gewest, het Waalse Gewest en het Brussels Hoofdstedelijk Gewest.”
«Cette signature engage également la Communauté française, la Communauté flamande, la Communauté germanophone, la Région wallonne, la Région flamande et la Région de Bruxelles-Capitale.»
„Diese Unterschrift bindet zugleich die Deutschsprachige Gemeinschaft, die Flämische Gemeinschaft, die Französische Gemeinschaft, die Wallonische Region, die Flämische Region und die Region Brüssel-Hauptstadt.“
За Правителството на Република България
Za prezidenta České republiky
For Hendes Majestæt Danmarks Dronning
Für den Präsidenten der Bundesrepublik Deutschland
Eesti Vabariigi Presidendi nimel
Thar ceann Uachtarán na hÉireann
For the President of Ireland
Για τον Πρόεδρο της Ελληνικής Δημοκρατίας
Por Su Majestad el Rey de España
Pour le Président de la République française
Per il Presidente della Repubblica italiana
Για τον Πρόεδρο της Κυπριακής Δημοκρατίας
Latvijas Republikas Valsts prezidenta vārdā
Lietuvos Respublikos Prezidento vardu
Pour Son Altesse Royale le Grand-Duc de Luxembourg
A Magyar Köztársaság Elnöke részéről
Għall-President ta' Malta
Voor Hare Majesteit de Koningin der Nederlanden
Für den Bundespräsidenten der Republik Österreich
Za Prezydenta Rzeczypospolitej Polskiej
Pelo Presidente da República Portuguesa
Pentru Președintele României
Za predsednika Republike Slovenije
Za prezidenta Slovenskej republiky
Suomen Tasavallan Presidentin puolesta
För Republiken Finlands President
För Konungariket Sveriges regering
For Her Majesty the Queen of the United Kingdom of Great Britain and Northern Ireland
PROTOCOLS
A.
PROTOCOLS TO BE ANNEX ED TO THE TREATY ON EUROPEAN UNION, TO THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION AND, WHERE APPLICABLE, TO THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY
PROTOCOL
ON THE ROLE OF NATIONAL PARLIAMENTS IN THE EUROPEAN UNION
THE HIGH CONTRACTING PARTIES,
RECALLING that the way in which national Parliaments scrutinise their governments in relation to the activities of the European Union is a matter for the particular constitutional organisation and practice of each Member State;
DESIRING to encourage greater involvement of national Parliaments in the activities of the European Union and to enhance their ability to express their views on draft legislative acts of the European Union as well as on other matters which may be of particular interest to them,
HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community:
TITLE I
INFORMATION FOR NATIONAL PARLIAMENTS
Article 1
Commission consultation documents (green and white papers and communications) shall be forwarded directly by the Commission to national Parliaments upon publication. The Commission shall also forward the annual legislative programme as well as any other instrument of legislative planning or policy to national Parliaments, at the same time as to the European Parliament and the Council.
Article 2
Draft legislative acts sent to the European Parliament and to the Council shall be forwarded to national Parliaments.
For the purposes of this Protocol, ‘draft legislative acts’ shall mean proposals from the Commission, initiatives from a group of Member States, initiatives from the European Parliament, requests from the Court of Justice, recommendations from the European Central Bank and requests from the European Investment Bank for the adoption of a legislative act.
Draft legislative acts originating from the Commission shall be forwarded to national Parliaments directly by the Commission, at the same time as to the European Parliament and the Council.
Draft legislative acts originating from the European Parliament shall be forwarded to national Parliaments directly by the European Parliament.
Draft legislative acts originating from a group of Member States, the Court of Justice, the European Central Bank or the European Investment Bank shall be forwarded to national Parliaments by the Council.
Article 3
National Parliaments may send to the Presidents of the European Parliament, the Council and the Commission a reasoned opinion on whether a draft legislative act complies with the principle of subsidiarity, in accordance with the procedure laid down in the Protocol on the application of the principles of subsidiarity and proportionality.
If the draft legislative act originates from a group of Member States, the President of the Council shall forward the reasoned opinion or opinions to the governments of those Member States.
If the draft legislative act originates from the Court of Justice, the European Central Bank or the European Investment Bank, the President of the Council shall forward the reasoned opinion or opinions to the institution or body concerned.
Article 4
An eight-week period shall elapse between a draft legislative act being made available to national Parliaments in the official languages of the Union and the date when it is placed on a provisional agenda for the Council for its adoption or for adoption of a position under a legislative procedure. Exceptions shall be possible in cases of urgency, the reasons for which shall be stated in the act or position of the Council. Save in urgent cases for which due reasons have been given, no agreement may be reached on a draft legislative act during those eight weeks. Save in urgent cases for which due reasons have been given, a ten-day period shall elapse between the placing of a draft legislative act on the provisional agenda for the Council and the adoption of a position.
Article 5
The agendas for and the outcome of meetings of the Council, including the minutes of meetings where the Council is deliberating on draft legislative acts, shall be forwarded directly to national Parliaments, at the same time as to Member States' governments.
Article 6
When the European Council intends to make use of the first or second subparagraphs of Article 48(7) of the Treaty on European Union, national Parliaments shall be informed of the initiative of the European Council at least six months before any decision is adopted.
Article 7
The Court of Auditors shall forward its annual report to national Parliaments, for information, at the same time as to the European Parliament and to the Council.
Article 8
Where the national Parliamentary system is not unicameral, Articles 1 to 7 shall apply to the component chambers.
TITLE II
INTERPARLIAMENTARY COOPERATION
Article 9
The European Parliament and national Parliaments shall together determine the organisation and promotion of effective and regular interparliamentary cooperation within the Union.
Article 10
A conference of Parliamentary Committees for Union Affairs may submit any contribution it deems appropriate for the attention of the European Parliament, the Council and the Commission. That conference shall in addition promote the exchange of information and best practice between national Parliaments and the European Parliament, including their special committees. It may also organise interparliamentary conferences on specific topics, in particular to debate matters of common foreign and security policy, including common security and defence policy. Contributions from the conference shall not bind national Parliaments and shall not prejudge their positions.
PROTOCOL
ON THE APPLICATION OF THE PRINCIPLES OF SUBSIDIARITY AND PROPORTIONALITY
THE HIGH CONTRACTING PARTIES,
WISHING to ensure that decisions are taken as closely as possible to the citizens of the Union,
RESOLVED to establish the conditions for the application of the principles of subsidiarity and proportionality, as laid down in Article 3b of the Treaty on European Union, and to establish a system for monitoring the application of those principles,
HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union:
Article 1
Each institution shall ensure constant respect for the principles of subsidiarity and proportionality, as laid down in Article 3b of the Treaty on European Union.
Article 2
Before proposing legislative acts, the Commission shall consult widely. Such consultations shall, where appropriate, take into account the regional and local dimension of the action envisaged. In cases of exceptional urgency, the Commission shall not conduct such consultations. It shall give reasons for its decision in its proposal.
Article 3
For the purposes of this Protocol, ‘draft legislative acts’ shall mean proposals from the Commission, initiatives from a group of Member States, initiatives from the European Parliament, requests from the Court of Justice, recommendations from the European Central Bank and requests from the European Investment Bank for the adoption of a legislative act.
Article 4
The Commission shall forward its draft legislative acts and its amended drafts to national Parliaments at the same time as to the Union legislator.
The European Parliament shall forward its draft legislative acts and its amended drafts to national Parliaments.
The Council shall forward draft legislative acts originating from a group of Member States, the Court of Justice, the European Central Bank or the European Investment Bank and amended drafts to national Parliaments.
Upon adoption, legislative resolutions of the European Parliament and positions of the Council shall be forwarded by them to national Parliaments.
Article 5
Draft legislative acts shall be justified with regard to the principles of subsidiarity and proportionality. Any draft legislative act should contain a detailed statement making it possible to appraise compliance with the principles of subsidiarity and proportionality. This statement should contain some assessment of the proposal's financial impact and, in the case of a directive, of its implications for the rules to be put in place by Member States, including, where necessary, the regional legislation. The reasons for concluding that a Union objective can be better achieved at Union level shall be substantiated by qualitative and, wherever possible, quantitative indicators. Draft legislative acts shall take account of the need for any burden, whether financial or administrative, falling upon the Union, national governments, regional or local authorities, economic operators and citizens, to be minimised and commensurate with the objective to be achieved.
Article 6
Any national Parliament or any chamber of a national Parliament may, within eight weeks from the date of transmission of a draft legislative act, in the official languages of the Union, send to the Presidents of the European Parliament, the Council and the Commission a reasoned opinion stating why it considers that the draft in question does not comply with the principle of subsidiarity. It will be for each national Parliament or each chamber of a national Parliament to consult, where appropriate, regional parliaments with legislative powers.
If the draft legislative act originates from a group of Member States, the President of the Council shall forward the opinion to the governments of those Member States.
If the draft legislative act originates from the Court of Justice, the European Central Bank or the European Investment Bank, the President of the Council shall forward the opinion to the institution or body concerned.
Article 7
-
1.The European Parliament, the Council and the Commission, and, where appropriate, the group of Member States, the Court of Justice, the European Central Bank or the European Investment Bank, if the draft legislative act originates from them, shall take account of the reasoned opinions issued by national Parliaments or by a chamber of a national Parliament.
Each national Parliament shall have two votes, shared out on the basis of the national Parliamentary system. In the case of a bicameral Parliamentary system, each of the two chambers shall have one vote.
-
2.Where reasoned opinions on a draft legislative act's non-compliance with the principle of subsidiarity represent at least one third of all the votes allocated to the national Parliaments in accordance with the second subparagraph of paragraph 1, the draft must be reviewed. This threshold shall be a quarter in the case of a draft legislative act submitted on the basis of Article 61 I of the Treaty on the Functioning of the European Union on the area of freedom, security and justice.
After such review, the Commission or, where appropriate, the group of Member States, the European Parliament, the Court of Justice, the European Central Bank or the European Investment Bank, if the draft legislative act originates from them, may decide to maintain, amend or withdraw the draft. Reasons must be given for this decision.
-
3.Furthermore, under the ordinary legislative procedure, where reasoned opinions on the non-compliance of a proposal for a legislative act with the principle of subsidiarity represent at least a simple majority of the votes allocated to the national Parliaments in accordance with the second subparagraph of paragraph 1, the proposal must be reviewed. After such review, the Commission may decide to maintain, amend or withdraw the proposal.
If it chooses to maintain the proposal, the Commission will have, in a reasoned opinion, to justify why it considers that the proposal complies with the principle of subsidiarity. This reasoned opinion, as well as the reasoned opinions of the national Parliaments, will have to be submitted to the Union legislator, for consideration in the procedure:
(a) |
before concluding the first reading, the legislator (the European Parliament and the Council) shall consider whether the legislative proposal is compatible with the principle of subsidiarity, taking particular account of the reasons expressed and shared by the majority of national Parliaments as well as the reasoned opinion of the Commission; |
(b) |
if, by a majority of 55 % of the members of the Council or a majority of the votes cast in the European Parliament, the legislator is of the opinion that the proposal is not compatible with the principle of subsidiarity, the legislative proposal shall not be given further consideration. |
Article 8
The Court of Justice of the European Union shall have jurisdiction in actions on grounds of infringement of the principle of subsidiarity by a legislative act, brought in accordance with the rules laid down in Article 230 of the Treaty on the Functioning of the European Union by Member States, or notified by them in accordance with their legal order on behalf of their national Parliament or a chamber thereof.
In accordance with the rules laid down in the said Article, the Committee of the Regions may also bring such actions against legislative acts for the adoption of which the Treaty on the Functioning of the European Union provides that it be consulted.
Article 9
The Commission shall submit each year to the European Council, the European Parliament, the Council and national Parliaments a report on the application of Article 3b of the Treaty on European Union. This annual report shall also be forwarded to the Economic and Social Committee and the Committee of the Regions.
PROTOCOL
ON THE EURO GROUP
THE HIGH CONTRACTING PARTIES,
DESIRING to promote conditions for stronger economic growth in the European Union and, to that end, to develop ever-closer coordination of economic policies within the euro area,
CONSCIOUS of the need to lay down special provisions for enhanced dialogue between the Member States whose currency is the euro, pending the euro becoming the currency of all Member States of the Union,
HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union:
Article 1
The Ministers of the Member States whose currency is the euro shall meet informally. Such meetings shall take place, when necessary, to discuss questions related to the specific responsibilities they share with regard to the single currency. The Commission shall take part in the meetings. The European Central Bank shall be invited to take part in such meetings, which shall be prepared by the representatives of the Ministers with responsibility for finance of the Member States whose currency is the euro and of the Commission.
Article 2
The Ministers of the Member States whose currency is the euro shall elect a president for two and a half years, by a majority of those Member States.
PROTOCOL
ON PERMANENT STRUCTURED COOPERATION ESTABLISHED BY ARTICLE 28 A OF THE TREATY ON EUROPEAN UNION
THE HIGH CONTRACTING PARTIES,
HAVING REGARD TO Article 28 A(6) and Article 28 E of the Treaty on European Union,
RECALLING that the Union is pursuing a common foreign and security policy based on the achievement of growing convergence of action by Member States;
RECALLING that the common security and defence policy is an integral part of the common foreign and security policy; that it provides the Union with operational capacity drawing on civil and military assets; that the Union may use such assets in the tasks referred to in Article 28 B of the Treaty on European Union outside the Union for peace-keeping, conflict prevention and strengthening international security in accordance with the principles of the United Nations Charter; that the performance of these tasks is to be undertaken using capabilities provided by the Member States in accordance with the principle of a single set of forces;
RECALLING that the common security and defence policy of the Union does not prejudice the specific character of the security and defence policy of certain Member States;
RECALLING that the common security and defence policy of the Union respects the obligations under the North Atlantic Treaty of those Member States which see their common defence realised in the North Atlantic Treaty Organisation, which remains the foundation of the collective defence of its members, and is compatible with the common security and defence policy established within that framework;
CONVINCED that a more assertive Union role in security and defence matters will contribute to the vitality of a renewed Atlantic Alliance, in accordance with the Berlin Plus arrangements;
DETERMINED to ensure that the Union is capable of fully assuming its responsibilities within the international community;
RECOGNISING that the United Nations Organisation may request the Union's assistance for the urgent implementation of missions undertaken under Chapters VI and VII of the United Nations Charter;
RECOGNISING that the strengthening of the security and defence policy will require efforts by Member States in the area of capabilities;
CONSCIOUS that embarking on a new stage in the development of the European security and defence policy involves a determined effort by the Member States concerned;
RECALLING the importance of the High Representative of the Union for Foreign Affairs and Security Policy being fully involved in proceedings relating to permanent structured cooperation,
HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union:
Article 1
The permanent structured cooperation referred to in Article 28 A(6) of the Treaty on European Union shall be open to any Member State which undertakes, from the date of entry into force of the Treaty of Lisbon, to:
(a) |
proceed more intensively to develop its defence capacities through the development of its national contributions and participation, where appropriate, in multinational forces, in the main European equipment programmes, and in the activity of the Agency in the field of defence capabilities development, research, acquisition and armaments (European Defence Agency), and |
(b) |
have the capacity to supply by 2010 at the latest, either at national level or as a component of multinational force groups, targeted combat units for the missions planned, structured at a tactical level as a battle group, with support elements including transport and logistics, capable of carrying out the tasks referred to in Article 28 B of the Treaty on European Union, within a period of 5 to 30 days, in particular in response to requests from the United Nations Organisation, and which can be sustained for an initial period of 30 days and be extended up to at least 120 days. |
Article 2
To achieve the objectives laid down in Article 1, Member States participating in permanent structured cooperation shall undertake to:
(a) |
cooperate, as from the entry into force of the Treaty of Lisbon, with a view to achieving approved objectives concerning the level of investment expenditure on defence equipment, and regularly review these objectives, in the light of the security environment and of the Union's international responsibilities; |
(b) |
bring their defence apparatus into line with each other as far as possible, particularly by harmonising the identification of their military needs, by pooling and, where appropriate, specialising their defence means and capabilities, and by encouraging cooperation in the fields of training and logistics; |
(c) |
take concrete measures to enhance the availability, interoperability, flexibility and deployability of their forces, in particular by identifying common objectives regarding the commitment of forces, including possibly reviewing their national decision-making procedures; |
(d) |
work together to ensure that they take the necessary measures to make good, including through multinational approaches, and without prejudice to undertakings in this regard within the North Atlantic Treaty Organisation, the shortfalls perceived in the framework of the ‘Capability Development Mechanism’; |
(e) |
take part, where appropriate, in the development of major joint or European equipment programmes in the framework of the European Defence Agency. |
Article 3
The European Defence Agency shall contribute to the regular assessment of participating Member States' contributions with regard to capabilities, in particular contributions made in accordance with the criteria to be established, inter alia, on the basis of Article 2, and shall report thereon at least once a year. The assessment may serve as a basis for Council recommendations and decisions adopted in accordance with Article 28 E of the Treaty on European Union.
PROTOCOL
RELATING TO ARTICLE 6(2) OF THE TREATY ON EUROPEAN UNION ON THE ACCESSION OF THE UNION TO THE EUROPEAN CONVENTION ON THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
THE HIGH CONTRACTING PARTIES
HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union:
Article 1
The agreement relating to the accession of the Union to the European Convention on the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as the ‘European Convention’) provided for in Article 6(2) of the Treaty on European Union shall make provision for preserving the specific characteristics of the Union and Union law, in particular with regard to:
(a) |
the specific arrangements for the Union's possible participation in the control bodies of the European Convention; |
(b) |
the mechanisms necessary to ensure that proceedings by non-Member States and individual applications are correctly addressed to Member States and/or the Union as appropriate. |
Article 2
The agreement referred to in Article 1 shall ensure that accession of the Union shall not affect the competences of the Union or the powers of its institutions. It shall ensure that nothing therein affects the situation of Member States in relation to the European Convention, in particular in relation to the Protocols thereto, measures taken by Member States derogating from the European Convention in accordance with Article 15 thereof and reservations to the European Convention made by Member States in accordance with Article 57 thereof.
Article 3
Nothing in the agreement referred to in Article 1 shall affect Article 292 of the Treaty on the Functioning of the European Union.
PROTOCOL
ON THE INTERNAL MARKET AND COMPETITION
THE HIGH CONTRACTING PARTIES,
CONSIDERING that the internal market as set out in Article 2 of the Treaty on European Union includes a system ensuring that competition is not distorted,
HAVE AGREED that:
to this end, the Union shall, if necessary, take action under the provisions of the Treaties, including under Article 308 of the Treaty on the Functioning of the European Union.
This protocol shall be annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union.
PROTOCOL
ON THE APPLICATION OF THE CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION TO POLAND AND TO THE UNITED KINGDOM
THE HIGH CONTRACTING PARTIES,
WHEREAS in Article 6 of the Treaty on European Union, the Union recognises the rights, freedoms and principles set out in the Charter of Fundamental Rights of the European Union;
WHEREAS the Charter is to be applied in strict accordance with the provisions of the aforementioned Article 6 and Title VII of the Charter itself;
WHEREAS the aforementioned Article 6 requires the Charter to be applied and interpreted by the courts of Poland and of the United Kingdom strictly in accordance with the explanations referred to in that Article;
WHEREAS the Charter contains both rights and principles;
WHEREAS the Charter contains both provisions which are civil and political in character and those which are economic and social in character;
WHEREAS the Charter reaffirms the rights, freedoms and principles recognised in the Union and makes those rights more visible, but does not create new rights or principles;
RECALLING the obligations devolving upon Poland and the United Kingdom under the Treaty on European Union, the Treaty on the Functioning of the European Union, and Union law generally;
NOTING the wish of Poland and the United Kingdom to clarify certain aspects of the application of the Charter;
DESIROUS therefore of clarifying the application of the Charter in relation to the laws and administrative action of Poland and of the United Kingdom and of its justiciability within Poland and within the United Kingdom;
REAFFIRMING that references in this Protocol to the operation of specific provisions of the Charter are strictly without prejudice to the operation of other provisions of the Charter;
REAFFIRMING that this Protocol is without prejudice to the application of the Charter to other Member States;
REAFFIRMING that this Protocol is without prejudice to other obligations devolving upon Poland and the United Kingdom under the Treaty on European Union, the Treaty on the Functioning of the European Union, and Union law generally,
HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union:
Article 1
-
1.The Charter does not extend the ability of the Court of Justice of the European Union, or any court or tribunal of Poland or of the United Kingdom, to find that the laws, regulations or administrative provisions, practices or action of Poland or of the United Kingdom are inconsistent with the fundamental rights, freedoms and principles that it reaffirms.
-
2.In particular, and for the avoidance of doubt, nothing in Title IV of the Charter creates justiciable rights applicable to Poland or the United Kingdom except in so far as Poland or the United Kingdom has provided for such rights in its national law.
Article 2
To the extent that a provision of the Charter refers to national laws and practices, it shall only apply to Poland or the United Kingdom to the extent that the rights or principles that it contains are recognised in the law or practices of Poland or of the United Kingdom.
PROTOCOL
ON THE EXERCISE OF SHARED COMPETENCE
THE HIGH CONTRACTING PARTIES
HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union:
Sole Article
With reference to Article 2 A of the Treaty on the Functioning of the European Union on shared competence, when the Union has taken action in a certain area, the scope of this exercise of competence only covers those elements governed by the Union act in question and therefore does not cover the whole area.
PROTOCOL
ON SERVICES OF GENERAL INTEREST
THE HIGH CONTRACTING PARTIES,
WISHING to emphasise the importance of services of general interest,
HAVE AGREED UPON the following interpretative provisions, which shall be annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union:
Article 1
The shared values of the Union in respect of services of general economic interest within the meaning of Article 16 of the Treaty on the Functioning of the European Union include in particular:
— |
the essential role and the wide discretion of national, regional and local authorities in providing, commissioning and organising services of general economic interest as closely as possible to the needs of the users; |
— |
the diversity between various services of general economic interest and the differences in the needs and preferences of users that may result from different geographical, social or cultural situations; |
— |
a high level of quality, safety and affordability, equal treatment and the promotion of universal access and of user rights. |
Article 2
The provisions of the Treaties do not affect in any way the competence of Member States to provide, commission and organise non-economic services of general interest.
PROTOCOL
ON THE DECISION OF THE COUNCIL RELATING TO THE IMPLEMENTATION OF ARTICLE 9C(4) OF THE TREATY ON EUROPEAN UNION AND ARTICLE 205(2) OF THE TREATY ON THE FUNCTIONNING OF THE EUROPEAN UNION BETWEEN 1 NOVEMBER 2014 AND 31 MARCH 2017 ON THE ONE HAND, AND AS FROM 1 APRIL 2017 ON THE OTHER
THE HIGH CONTRACTING PARTIES,
TAKING INTO ACCOUNT the fundamental importance that agreeing on the Decision of the Council relating to the implementation of Article 9 C(4) of the Treaty on European Union and Article 205(2) of the Treaty on the Functioning of the European Union between 1 November 2014 and 31 March 2017 on the one hand, and as from 1 April 2017 on the other (hereinafter ‘the Decision’), had when approving the Treaty of Lisbon,
HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union:
Sole Article
Before the examination by the Council of any draft which would aim either at amending or abrogating the Decision or any of its provisions, or at modifying indirectly its scope or its meaning through the modification of another legal act of the Union, the European Council shall hold a preliminary deliberation on the said draft, acting by consensus in accordance with Article 9 B(4) of the Treaty on European Union.
PROTOCOL
ON TRANSITIONAL PROVISIONS
THE HIGH CONTRACTING PARTIES,
WHEREAS, in order to organise the transition from the institutional provisions of the Treaties applicable prior to the entry into force of the Treaty of Lisbon to the provisions contained in that Treaty, it is necessary to lay down transitional provisions,
HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community:
Article 1
In this Protocol, the words ‘the Treaties’ shall mean the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community.
TITLE I
PROVISIONS CONCERNING THE EUROPEAN PARLIAMENT
Article 2
In accordance with the second subparagraph of Article 9 A(2) of the Treaty on European Union, the European Council shall adopt a decision determining the composition of the European Parliament in good time before the 2009 European Parliament elections.
Until the end of the 2004-2009 parliamentary term, the composition and the number of representatives elected to the European Parliament shall remain the same as on the date of the entry into force of the Treaty of Lisbon.
TITLE II
PROVISIONS CONCERNING THE QUALIFIED MAJORITY
Article 3
-
1.In accordance with Article 9 C(4) of the Treaty on European Union, the provisions of that paragraph and of Article 205(2) of the Treaty on the Functioning of the European Union relating to the definition of the qualified majority in the European Council and the Council shall take effect on 1 November 2014.
-
2.Between 1 November 2014 and 31 March 2017, when an act is to be adopted by qualified majority, a member of the Council may request that it be adopted in accordance with the qualified majority as defined in paragraph 3. In that case, paragraphs 3 and 4 shall apply.
-
3.Until 31 October 2014, the following provisions shall remain in force, without prejudice to the second subparagraph of Article 201a(1) of the Treaty on the Functioning of the European Union.
For acts of the European Council and of the Council requiring a qualified majority, members' votes shall be weighted as follows:
Belgium |
12 |
Bulgaria |
10 |
Czech Republic |
12 |
Denmark |
7 |
Germany |
29 |
Estonia |
4 |
Ireland |
7 |
Greece |
12 |
Spain |
27 |
France |
29 |
Italy |
29 |
Cyprus |
4 |
Latvia |
4 |
Lithuania |
7 |
Luxembourg |
4 |
Hungary |
12 |
Malta |
3 |
Netherlands |
13 |
Austria |
10 |
Poland |
27 |
Portugal |
12 |
Romania |
14 |
Slovenia |
4 |
Slovakia |
7 |
Finland |
7 |
Sweden |
10 |
United Kingdom |
29 |
Acts shall be adopted if there are at least 255 votes in favour representing a majority of the members where, under the Treaties, they must be adopted on a proposal from the Commission. In other cases decisions shall be adopted if there are at least 255 votes in favour representing at least two thirds of the members.
A member of the European Council or the Council may request that, where an act is adopted by the European Council or the Council by a qualified majority, a check is made to ensure that the Member States comprising the qualified majority represent at least 62 % of the total population of the Union. If that proves not to be the case, the act shall not be adopted.
-
4.Until 31 October 2014, the qualified majority shall, in cases where, under the Treaties, not all the members of the Council participate in voting, namely in the cases where reference is made to the qualified majority as defined in Article 205(3) of the Treaty on the Functioning of the European Union, be defined as the same proportion of the weighted votes and the same proportion of the number of the Council members and, if appropriate, the same percentage of the population of the Member States concerned as laid down in paragraph 3 of this Article.
TITLE III
PROVISIONS CONCERNING THE CONFIGURATIONS OF THE COUNCIL
Article 4
Until the entry into force of the decision referred to in the first subparagraph of Article 9 C(6) of the Treaty on European Union, the Council may meet in the configurations laid down in the second and third subparagraphs of that paragraph and in the other configurations on the list established by a decision of the General Affairs Council, acting by a simple majority.
TITLE IV
PROVISIONS CONCERNING THE COMMISSION, INCLUDING THE HIGH REPRESENTATIVE OF THE UNION FOR FOREIGN AFFAIRS AND SECURITY POLICY
Article 5
The members of the Commission in office on the date of entry into force of the Treaty of Lisbon shall remain in office until the end of their term of office. However, on the day of the appointment of the High Representative of the Union for Foreign Affairs and Security Policy, the term of office of the member having the same nationality as the High Representative shall end.
TITLE V
PROVISIONS CONCERNING THE SECRETARY-GENERAL OF THE COUNCIL, HIGH REPRESENTATIVE FOR THE COMMON FOREIGN AND SECURITY POLICY, AND THE DEPUTY SECRETARY-GENERAL OF THE COUNCIL
Article 6
The terms of office of the Secretary-General of the Council, High Representative for the common foreign and security policy, and the Deputy Secretary-General of the Council shall end on the date of entry into force of the Treaty of Lisbon. The Council shall appoint a Secretary-General in conformity with Article 207(2) of the Treaty on the Functioning of the European Union.
TITLE VI
PROVISIONS CONCERNING ADVISORY BODIES
Article 7
Until entry into force of the decision referred to in Article 258 of the Treaty on the Functioning of the European Union, the allocation of members of the Economic and Social Committee shall be as follows:
Belgium |
12 |
Bulgaria |
12 |
Czech Republic |
12 |
Denmark |
9 |
Germany |
24 |
Estonia |
7 |
Ireland |
9 |
Greece |
12 |
Spain |
21 |
France |
24 |
Italy |
24 |
Cyprus |
6 |
Latvia |
7 |
Lithuania |
9 |
Luxembourg |
6 |
Hungary |
12 |
Malta |
5 |
Netherlands |
12 |
Austria |
12 |
Poland |
21 |
Portugal |
12 |
Romania |
15 |
Slovenia |
7 |
Slovakia |
9 |
Finland |
9 |
Sweden |
12 |
United Kingdom |
24 |
Article 8
Until entry into force of the decision referred to in Article 263 of the Treaty on the Functioning of the European Union, the allocation of members of the Committee of the Regions shall be as follows:
Belgium |
12 |
Bulgaria |
12 |
Czech Republic |
12 |
Denmark |
9 |
Germany |
24 |
Estonia |
7 |
Ireland |
9 |
Greece |
12 |
Spain |
21 |
France |
24 |
Italy |
24 |
Cyprus |
6 |
Latvia |
7 |
Lithuania |
9 |
Luxembourg |
6 |
Hungary |
12 |
Malta |
5 |
Netherlands |
12 |
Austria |
12 |
Poland |
21 |
Portugal |
12 |
Romania |
15 |
Slovenia |
7 |
Slovakia |
9 |
Finland |
9 |
Sweden |
12 |
United Kingdom |
24 |
TITLE VII
TRANSITIONAL PROVISIONS CONCERNING ACTS ADOPTED ON THE BASIS OF TITLES V AND VI OF THE TREATY ON EUROPEAN UNION PRIOR TO THE ENTRY INTO FORCE OF THE TREATY OF LISBON
Article 9
The legal effects of the acts of the institutions, bodies, offices and agencies of the Union adopted on the basis of the Treaty on European Union prior to the entry into force of the Treaty of Lisbon shall be preserved until those acts are repealed, annulled or amended in implementation of the Treaties. The same shall apply to agreements concluded between Member States on the basis of the Treaty on European Union.
Article 10
-
1.As a transitional measure, and with respect to acts of the Union in the field of police cooperation and judicial cooperation in criminal matters which have been adopted before the entry into force of the Treaty of Lisbon, the powers of the institutions shall be the following at the date of entry into force of that Treaty: the powers of the Commission under Article 226 of the Treaty on the Functioning of the European Union shall not be applicable and the powers of the Court of Justice of the European Union under Title VI of the Treaty on European Union, in the version in force before the entry into force of the Treaty of Lisbon, shall remain the same, including where they have been accepted under Article 35(2) of the said Treaty on European Union.
-
2.The amendment of an act referred to in paragraph 1 shall entail the applicability of the powers of the institutions referred to in that paragraph as set out in the Treaties with respect to the amended act for those Member States to which that amended act shall apply.
-
3.In any case, the transitional measure mentioned in paragraph 1 shall cease to have effect five years after the date of entry into force of the Treaty of Lisbon.
-
4.At the latest six months before the expiry of the transitional period referred to in paragraph 3, the United Kingdom may notify to the Council that it does not accept, with respect to the acts referred to in paragraph 1, the powers of the institutions referred to in paragraph 1 as set out in the Treaties. In case the United Kingdom has made that notification, all acts referred to in paragraph 1 shall cease to apply to it as from the date of expiry of the transitional period referred to in paragraph 3. This subparagraph shall not apply with respect to the amended acts which are applicable to the United Kingdom as referred to in paragraph 2.
The Council, acting by a qualified majority on a proposal from the Commission, shall determine the necessary consequential and transitional arrangements. The United Kingdom shall not participate in the adoption of this decision. A qualified majority of the Council shall be defined in accordance with Article 205(3)(a) of the Treaty on the Functioning of the European Union.
The Council, acting by a qualified majority on a proposal from the Commission, may also adopt a decision determining that the United Kingdom shall bear the direct financial consequences, if any, necessarily and unavoidably incurred as a result of the cessation of its participation in those acts.
-
5.The United Kingdom may, at any time afterwards, notify the Council of its wish to participate in acts which have ceased to apply to it pursuant to paragraph 4, first subparagraph. In that case, the relevant provisions of the Protocol on the Schengen acquis integrated into the framework of the European Union or of the Protocol on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, as the case may be, shall apply. The powers of the institutions with regard to those acts shall be those set out in the Treaties. When acting under the relevant Protocols, the Union institutions and the United Kingdom shall seek to re-establish the widest possible measure of participation of the United Kingdom in the acquis of the Union in the area of freedom, security and justice without seriously affecting the practical operability of the various parts thereof, while respecting their coherence.
B.
PROTOCOLS TO BE ANNEX ED TO THE TREATY OF LISBON
PROTOCOL No 1
AMENDING THE PROTOCOLS ANNEX ED TO THE TREATY ON EUROPEAN UNION, TO THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY AND/OR TO THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY
THE HIGH CONTRACTING PARTIES,
DESIRING to amend the Protocols annexed to the Treaty on European Union, to the Treaty establishing the European Community and/or to the Treaty establishing the European Atomic Energy Community, in order to adapt them to the new rules laid down by the Treaty of Lisbon,
HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty of Lisbon:
Article 1
-
1)The protocols in force on the date of entry into force of this Treaty and annexed to the Treaty on European Union, to the Treaty establishing the European Community and/or to the Treaty establishing the European Atomic Energy Community shall be amended in accordance with the provisions of this Article.
-
2)The horizontal amendments laid down in Article 2(2) of the Treaty of Lisbon shall apply to the Protocols referred to in this Article, with the exception of points (d), (e) and (j). Where point 5(a) or point 12(a) below specifically provides otherwise, the horizontal amendment laid down in Article 2(3)(b) of that Treaty shall not apply to the Protocol on the Statute of the European System of Central Banks and of the European Central Bank or to the Protocol on the Statute of the European Investment Bank, respectively.
-
3)In the Protocols referred to in point 1 of this Article:
(a) |
the last paragraph of their respective preambles, referring to the Treaty or Treaties to which the Protocol in question is annexed, shall be replaced by ‘HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union’. This subparagraph shall apply neither to the Protocol on economic and social cohesion nor to the Protocol on the system of public broadcasting in the Member States. The Protocol on the Statute of the Court of Justice of the European Union, the Protocol on the location of the seats of the institutions and of certain bodies, offices, agencies and departments of the European Union, the Protocol on Article 40.3.3 of the Constitution of Ireland and the Protocol on the privileges and immunities of the European Union shall also be annexed to the Treaty establishing the European Atomic Energy Community; |
(b) |
the word ‘Communities’ shall be replaced by ‘Union’ and any necessary grammatical changes shall be made. |
-
4)In the following Protocols, the words ‘the Treaty’ and ‘this Treaty’ shall be replaced by ‘the Treaties’ and ‘these Treaties’ respectively, and references to the Treaty on European Union and/or to the Treaty establishing the European Community shall be replaced by a reference to the Treaties, and any necessary grammatical changes shall be made:
(a) |
Protocol on the Statute of the Court of Justice of the European Union:
|
(b) |
Protocol on the Statute of the European System of Central Banks and of the European Central Bank:
|
(c) |
Protocol on the excessive deficit procedure:
|
(d) |
Protocol on certain provisions relating to Denmark:
|
(e) |
Protocol integrating the Schengen acquis into the framework of the European Union:
|
(f) |
Protocol on asylum for nationals of Member States of the European Union:
|
(g) |
Protocol on the acquisition of property in Denmark:
|
(h) |
Protocol on the system of public broadcasting in the Member States:
|
(i) |
Protocol on the financial consequences of the expiry of the ECSC Treaty and on the Research Fund for Coal and Steel:
|
-
5)In the following Protocols and Annexes, references to ‘this Treaty’ and ‘the Treaty’ shall be replaced by references to ‘the Treaty on the Functioning of the European Union’:
(a) |
Protocol on the Statute of the European System of Central Banks and of the European Central Bank:
|
(b) |
Protocol on the excessive deficit procedure:
|
(c) |
Protocol on the convergence criteria referred to in Article 121 of the Treaty establishing the European Community:
|
(d) |
Protocol on certain provisions relating to the United Kingdom of Great Britain and Northern Ireland:
|
(e) |
Protocol on economic and social cohesion:
|
(f) |
Annexes I and II:
|
-
6)In the following Protocols, the words ‘of this Treaty’ shall be replaced by ‘of the said Treaty’:
(a) |
(Does not apply to the English version.); |
(b) |
Protocol on the excessive deficit procedure:
|
(c) |
Protocol on the convergence criteria referred to in Article 121 of the Treaty establishing the European Community:
|
(d) |
Protocol on certain provisions relating to the United Kingdom of Great Britain and Northern Ireland:
|
-
7)In the following Protocols, the words ‘acting by a simple majority’ shall be inserted after ‘the Council’:
(a) |
Protocol on the Statute of the Court of Justice of the European Union:
|
(b) |
Protocol on the privileges and immunities of the European Communities:
|
-
8)In the following Protocols, the words ‘Court of Justice of the European Communities’, ‘Court of Justice’ or ‘Court’ shall be replaced by ‘Court of Justice of the European Union’:
(a) |
Protocol on the Statute of the Court of Justice of the European Union:
|
(b) |
Protocol on the Statute of the European System of Central Banks and of the European Central Bank:
|
(c) |
Protocol on the location of the seats of the institutions and of certain bodies and departments of the European Communities and of Europol:
|
(d) |
Protocol on the privileges and immunities of the European Communities:
|
(e) |
Protocol on the position of the United Kingdom and Ireland:
|
(f) |
Protocol on asylum for nationals of Member States of the European Union:
|
-
9)The following Protocols shall be repealed:
(a) |
Protocol on Italy (1957); |
(b) |
Protocol on goods originating in and coming from certain countries and enjoying special treatment when imported into a Member State (1957); |
(c) |
Protocol on the Statute of the European Monetary Institute (1992); |
(d) |
Protocol on the transition to the third stage of economic and monetary union (1992); |
(e) |
Protocol on Portugal (1992); |
(f) |
Protocol on the role of national parliaments in the European Union (1997), which shall be replaced by a new Protocol with the same title; |
(g) |
Protocol on the application of the principles of subsidiarity and proportionality (1997), which shall be replaced by a new Protocol with the same title; |
(h) |
Protocol on protection and welfare of animals (1997), the text of which shall become Article 6b of the Treaty on the Functioning of the European Union; |
(i) |
Protocol on the enlargement of the European Union (2001); |
(j) |
Protocol on Article 67 of the Treaty establishing the European Community (2001). |
-
10)The Protocol on the Statute of the Court of Justice of the European Union shall be amended as follows:
(a) |
in the preamble, first recital, the reference to the Treaty establishing the European Community shall be replaced by a reference to the Treaty on the Functioning of the European Union. In the rest of the Protocol, the words ‘of the EC Treaty’ shall be replaced by ‘of the Treaty on the Functioning of the European Union’; throughout the Protocol, references to articles of the EAEC Treaty which are repealed by Protocol No 2 annexed to this Treaty shall be deleted and necessary grammatical changes shall be made; |
(b) |
in the following Articles, the word ‘Court’, where it refers specifically to the Court of Justice, shall be replaced by ‘Court of Justice’:
|
(c) |
in Article 2, the words ‘in open court’ shall be replaced by ‘before the Court of Justice sitting in open court’; |
(d) |
in Article 3, second paragraph, and Article 4, fourth paragraph, the following sentence shall be added: ‘If the decision concerns a member of the General Court or of a specialised court, the Court shall decide after consulting the court concerned.’; |
(e) |
in Article 6, first paragraph, the following sentence shall be added: ‘If the person concerned is a member of the General Court or of a specialised court, the Court shall decide after consulting the court concerned.’; |
(f) |
in the heading of Title II, the words ‘of the Court of Justice’ shall be added; |
(g) |
in Article 13, first paragraph, first sentence, the words ‘On a proposal from’ shall be replaced by ‘At the request of’, and the words ‘the Council may, acting unanimously, provide for’ shall be replaced by ‘the European Parliament and the Council may, acting in accordance with the ordinary legislative procedure, provide for’; |
(h) |
in the heading of Title III, the words ‘before the Court of Justice’ shall be added; |
(i) |
Article 23 shall be amended as follows:
|
(j) |
in Article 24, second paragraph, the words ‘, bodies, offices and agencies’ shall be inserted after ‘institutions’; |
(k) |
in Article 40 the second paragraph shall be replaced by the following: ‘The same right shall be open to the bodies, offices and agencies of the Union and to any other person which can establish an interest in the result of a case submitted to the Court of Justice. Natural or legal persons shall not intervene in cases between Member States, between institutions of the Union or between Member States and institutions of the Union.’; |
(l) |
in Article 42, the words ‘, bodies, offices and agencies’ shall be inserted after ‘institutions’; |
(m) |
in Article 46, the following new paragraph shall be added: ‘This Article shall also apply to proceedings against the European Central Bank regarding non-contractual liability.’; |
(n) |
the heading of Title IV shall be replaced by ‘GENERAL COURT’; |
(o) |
in Article 47, the first paragraph shall be replaced by ‘The first paragraph of Article 9, Articles 14 and 15, the first, second, fourth and fifth paragraphs of Article 17 and Article 18 shall apply to the General Court and its members.’; |
(p) |
in Article 51, first paragraph, in the third indent of point (a), the reference to the third indent of Article 202 shall be replaced by a reference to the second paragraph of Article 249 , and the reference in point (b) to Article 11a shall be replaced by a reference to the first paragraph of Article 280 F. In the second paragraph, the words ‘or by the European Central Bank’ shall be deleted; |
(q) |
Article 64 shall be amended as follows:
|
(r) |
in Annex I to the Protocol, Article 3(1), second sentence, the words ‘Civil Service’ shall be inserted before ‘Tribunal’; in paragraphs 2 and 3, the words ‘by a qualified majority’ shall be deleted; |
(s) |
(Does not apply to the English version.). |
-
11)The Protocol on the Statute of the European System of Central Banks and of the European Central Bank shall be amended as follows:
(a) |
in the preamble, first recital, the reference to Article 8 of the Treaty establishing the European Community shall be replaced by a reference to the second paragraph of Article 107 of the Treaty on the Functioning of the European Union; |
(b) |
The title of Chapter I shall be replaced by the following: ‘THE EUROPEAN SYSTEM OF CENTRAL BANKS’; |
(c) |
Article 1.1 shall be split at the semi-colon into two unnumbered subparagraphs. The first subparagraph shall be replaced by the following: ‘In accordance with Article 245a(1) of the Treaty on the Functioning of the European Union, the European Central Bank (ECB) and the national central banks shall constitute the European System of Central Banks (ESCB). The ECB and the national central banks of those Member States whose currency is the euro shall constitute the Eurosystem.’; at the beginning of the second subparagraph, the words ‘they shall perform’ shall be replaced by ‘The ESCB and the ECB shall perform’; |
(d) |
Article 1.2 shall be deleted; |
(e) |
in Article 2, the words ‘In accordance with Article 105(1) of this Treaty’ shall be replaced by ‘In accordance with Article 105(1) and Article 245a(2) of the Treaty on the Functioning of the European Union’; |
(f) |
in the second indent of Article 3.1, the words ‘Article 111 of this Treaty’ shall be replaced by ‘Article 188 O of that Treaty’; |
(g) |
in Article 4, point (b), the word ‘appropriate’ shall be deleted; |
(h) |
at the beginning of Article 9.1, the words ‘in accordance with Article 107(2) of this Treaty’ shall be replaced by ‘in accordance with Article 245a(3) of the Treaty on the Functioning of the European Union’; |
(i) |
Article 10 shall be amended as follows:
|
(j) |
in Article 11.2, first subparagraph, the words ‘shall be appointed from among persons of recognised standing and professional experience in monetary or banking matters by common accord of the governments of the Member States at the level of Heads of State or Government’ shall be replaced by ‘shall be appointed by the European Council, acting by a qualified majority, from among persons of recognised standing and professional experience in monetary or banking matters’; |
(k) |
in Article 14.1, the words ‘, at the latest at the date of the establishment of the ESCB,’ shall be deleted; |
(l) |
in Article 16, first sentence, the word ‘euro’ shall be inserted before ‘banknotes’; |
(m) |
in Article 18.1, first indent, the words ‘whether in Community or non-Community currencies’ shall be replaced by ‘whether in euro or other currencies’; |
(n) |
in Article 25.2, the words ‘any decision of the Council’ shall be replaced by ‘any regulation of the Council’; |
(o) |
in Article 28.1, the words ‘, which shall become operational upon its establishment,’ shall be deleted; |
(p) |
in Article 29.1, the introductory wording shall be replaced by the following: ‘The key for subscription of the ECB's capital, fixed for the first time in 1998 when the ESCB was established, shall be determined by assigning to each national central bank a weighting in this key equal to the sum of:’; the second subparagraph shall be replaced by the following: ‘The percentages shall be rounded up or down to the nearest multiple of 0,0001 percentage points.’; |
(q) |
in Article 32.2, the words ‘Subject to Article 32.3,’ shall be deleted and in Article 32.3 the words ‘, after the start of the third stage,’ shall be replaced by ‘after the introduction of the euro’; |
(r) |
in Article 34.2, the first four subparagraphs shall be deleted; |
(s) |
in Article 35.6, the words ‘the Treaties and’ shall be inserted before ‘this Statute’; |
(t) |
Article 37 shall be repealed and the remaining Articles shall be renumbered accordingly; |
(u) |
Article 41, renumbered 40, shall be amended as follows:
|
(v) |
in Article 42, renumbered 41, the words ‘immediately after the decision on the date for the beginning of the third stage,’ shall be deleted and the words ‘acting by a qualified majority’ shall be deleted; |
(w) |
in Articles 43.1, 43.2 and 43.3, renumbered Articles 42.1, 42.2 and 42.3 respectively, the reference to Article 122 shall be replaced by a reference to Article 116a; in Article 43.3, renumbered 42.3, the reference to Articles 34.2 and 50 shall be deleted and in Article 43.4, renumbered 42.4, the reference to Article 10.1 shall be replaced by a reference to Article 10.2; |
(x) |
in Article 44, renumbered 43, first paragraph, the words ‘those tasks of the EMI’ shall be replaced by ‘the former tasks of the EMI referred to in Article 118a(2) of the Treaty on the Functioning of the European Union’ and the words ‘in the third stage’ shall be replaced by ‘after the introduction of the euro’; in the second paragraph, the reference to Article 122 shall be replaced by a reference to Article 117a; |
(y) |
in Article 47.3, renumbered 46.3, the words ‘against the currencies, or the single currency, of the Member States without a derogation,’ shall be replaced by ‘against the euro’; |
(z) |
Articles 50 and 51 shall be repealed and the remaining Articles shall be renumbered accordingly; |
(aa) |
in Article 52, renumbered 49, the words ‘in accordance with Article 116a(3) of the Treaty on the Functioning of the European Union’ shall be inserted after the words ‘Following the irrevocable fixing of exchange rates’. |
(ab) |
(Does not apply to the English version.). |
-
12)The Protocol on the Statute of the European Investment Bank shall be amended as follows:
(a) |
throughout the Protocol, references to an Article of ‘the Treaty’ shall be replaced by references to an Article of ‘the Treaty on the Functioning of the European Union’ and references to ‘this Treaty’ shall be replaced by references to an Article of ‘the Treaty on the Functioning of the European Union’ in Article 1 (first occurrence), Article 3, Article 18 (renumbered 16), Article 19 (renumbered 17), and Article 25 (renumbered 23); |
(b) |
at the end of the preamble, the words ‘to this Treaty’ shall be replaced by ‘to the Treaty on European Union and to the Treaty on the Functioning of the European Union’; |
(c) |
in Article 1, the second paragraph shall be deleted; |
(d) |
in Article 3, the introductory phrase shall be replaced by ‘In accordance with Article 266 of the Treaty on the Functioning of the European Union, the Bank's members shall be the Member States’ and the list of States shall be deleted; |
(e) |
in Article 4(1), the figure for the capital of the Bank shall be replaced by ‘EUR 164 808 169 000’, the figures for the following Member States shall read as follows and the second subparagraph shall be deleted;
|
(f) |
Article 5 shall be amended as follows:
|
(g) |
Articles 6 and 7 shall be repealed and the remaining Articles shall be renumbered accordingly; |
(h) |
Article 9, renumbered 7, shall be amended as follows:
|
(i) |
Article 10, renumbered 8, shall be amended as follows:
|
(j) |
Article 11, renumbered 9, shall be amended as follows:
|
(k) |
Article 13, renumbered 11, shall be amended as follows:
|
(l) |
Article 14, renumbered 12, shall be amended as follows:
|
(m) |
in Article 15, renumbered 13, the words ‘the bank of issue’ shall be replaced by ‘the national central bank’; |
(n) |
Article 18, renumbered 16, shall be amended as follows:
|
(o) |
in paragraph 1 of Article 19, renumbered 17, the words ‘commission on guarantees’ shall be replaced by ‘commission and other charges’ and the words ‘and risks’ shall be inserted after ‘to cover its expenses’; in paragraph 2, the words ‘the project’ shall be replaced by ‘the investment’; |
(p) |
Article 20, renumbered 18, shall be amended as follows:
|
(q) |
Article 21, renumbered 19, shall be amended as follows:
|
(r) |
in Article 22, renumbered 20, the word ‘international’ shall be deleted from paragraph 1 and paragraph 2 shall be replaced by the following: 12)‘2. The Bank may borrow on the capital markets of the Member States in accordance with the legal provisions applying to those markets. The competent authorities of a Member State with a derogation within the meaning of Article 116a(1) of the Treaty on the Functioning of the European Union may oppose this only if there is reason to fear serious disturbances on the capital market of that State.’; |
(s) |
in paragraph 1(b) of Article 23, renumbered 21, the words ‘issued by itself or by those who have borrowed from it’ shall be deleted and in paragraph 3 the words ‘the bank of issue’ shall be replaced by ‘the national central bank’; |
(t) |
in Article 25, renumbered 23, the words ‘a Member State whose currency is not the euro’ shall be inserted to replace ‘one Member State’ in paragraph 1, first sentence, and to replace ‘a Member State’ in paragraph 2; in paragraph 1, first sentence, the words ‘into the currency of another Member State’ shall be deleted, in paragraph 3 the words ‘in gold or convertible currency and’ shall be deleted and in paragraph 4 the word ‘projects’ shall be replaced by ‘investment’; |
(u) |
in Article 26, renumbered 24, the words ‘, to grant its special loans’ shall be deleted; |
(v) |
in paragraph 2 of Article 27, renumbered 25, the following sentence shall be added at the end: ‘It shall ensure that the rights of the members of staff are safeguarded.’; |
(w) |
in the first paragraph of Article 29, renumbered 27, the words ‘of the European Union’ shall be added at the end and the following sentence shall be added: ‘The Bank may provide for arbitration in any contract.’; in the second paragraph the words ‘or provide for arbitration’ shall be deleted; |
(x) |
Article 30, renumbered 28, shall be replaced by the following: ‘Article 28
12)4. The Protocol on the privileges and immunities of the European Union shall apply to the bodies referred to in paragraph 1 insofar as they are incorporated under Union law, to the members of their organs in the performance of their duties as such and to their staff, under the same terms and conditions as those applicable to the Bank. Those dividends, capital gains or other forms of revenue stemming from such bodies to which the members, other than the European Union and the Bank, are entitled, shall however remain subject to the fiscal provisions of the applicable legislation.
|
-
13)The Protocol on the location of the seats of the institutions and of certain bodies and departments of the European Communities and of Europol shall be amended as follows:
(a) |
in the title of the Protocol, and in the preamble, the words ‘, offices, agencies’ shall be inserted before ‘and departments’; in the title of the Protocol words ‘and of Europol’ shall be deleted; |
(b) |
in the first citation in the preamble, the reference to the Treaty establishing the European Community shall be replaced by a reference to the Treaty on the Functioning of the European Union and the reference to Article 77 of the Treaty establishing the European Coal and Steel Community shall be deleted; the second citation shall be deleted; |
(c) |
in point (d), the reference to the Court of First Instance shall be deleted and the words ‘their seat’ shall be replaced by ‘its seat’; |
(d) |
in point (i), the reference to the European Monetary Institute shall be deleted and the words ‘their seat’ shall be replaced by ‘its seat’. |
-
14)The Protocol on the privileges and immunities of the European Communities shall be amended as follows:
(a) |
in the first recital in the preamble, the reference to Article 28 of the Treaty establishing a Single Council and a Single Commission of the European Communities shall be replaced by a reference to Article 291 of the Treaty on the Functioning of the European Union and to Article 191 of the Treaty establishing the European Atomic Energy Community, abbreviated as the EAEC, and the words ‘these Communities and the European Investment Bank’ shall be replaced by ‘the European Union and the EAEC’; |
(b) |
Article 5 shall be repealed and the remaining Articles shall be renumbered accordingly; |
(c) |
In Article 7, renumbered 6, paragraph 2 shall be deleted and paragraph 1 shall not be numbered; |
(d) |
in Article 13, renumbered 12, the words ‘in accordance with the conditions and procedure laid down by the Council, acting on a proposal from the Commission’ shall be replaced by ‘in accordance with the conditions and procedure laid down by the European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure and after consultation of the institutions concerned’; |
(e) |
in Article 15, renumbered 14, the opening words ‘The Council shall, acting unanimously on a proposal from the Commission, lay down’ shall be replaced by ‘The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure and after consultation of the institutions concerned, shall lay down’; |
(f) |
in Article 16, renumbered 15, the opening words ‘The Council shall, acting on a proposal from the Commission’ shall be replaced by ‘The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall’; |
(g) |
in Article 21, renumbered 20, after ‘the Advocates-General,’ the words ‘the Registrar’ shall be replaced by ‘the Registrars’ and the words ‘and to the Members and Registrar of the Court of First Instance’ shall be deleted; |
(h) |
in Article 23, renumbered 22, the last paragraph shall be deleted; |
(i) |
after the closing formula, ‘IN WITNESS WHEREOF, the undersigned Plenipotentiaries have signed this Protocol’, the date and the list of signatories shall be deleted. |
-
15)The Protocol on the convergence criteria referred to in Article 121 of the Treaty establishing the European Community shall be amended as follows:
(a) |
in the title of the Protocol, the words ‘referred to in Article 121 of the Treaty establishing the European Community’ shall be deleted; |
(b) |
in the first recital, the words ‘in taking decisions on the passage to the third stage of economic and monetary union’ shall be replaced by ‘in taking decisions to end the derogations of those Member States with a derogation’; |
(c) |
in Article 3, second sentence, the words ‘against another Member State's currency’ shall be replaced by ‘against the euro’; |
(d) |
in Article 6, the words ‘the EMI or’ shall be deleted; |
(e) |
(Does not apply to the English version.). |
-
16)The Protocol on certain provisions relating to the United Kingdom of Great Britain and Northern Ireland shall be amended as follows:
(a) |
throughout the Protocol, the words ‘to move to the third stage of economic and monetary union’ and ‘to move to the third stage’ shall be replaced by ‘to adopt the euro’; the words ‘moves to the third stage’ shall be replaced by ‘adopts the euro’; the words ‘in the third stage’ shall be replaced by ‘after the introduction of the euro’; |
(b) |
in the preamble, the following new second recital shall be inserted: ‘GIVEN that on 16 October 1996 and 30 October 1997 the United Kingdom government notified the Council of its intention not to participate in the third stage of economic and monetary union,’; |
(c) |
in paragraph 1, the first and third subparagraphs shall be deleted; |
(d) |
paragraph 2 shall be replaced by the following:
|
(e) |
paragraph 3 shall be deleted and the remaining paragraphs shall be renumbered accordingly; |
(f) |
paragraph 5, renumbered 4, shall be amended as follows:
|
(g) |
in paragraph 6, renumbered 5, the following new first subparagraph shall be inserted: ‘The United Kingdom shall endeavour to avoid an excessive government deficit.’, and at the beginning of the following subparagraph, the words ‘116(4) and’ shall be deleted; |
(h) |
the first subparagraph of paragraph 7, renumbered 6, shall be replaced by the following: ‘6. The voting rights of the United Kingdom shall be suspended in respect of acts of the Council referred to in the Articles listed in paragraph 4 and in the instances referred to in the first subparagraph of Article 116a(4) of the Treaty on the Functioning of the European Union. For this purpose the second subparagraph of Article 116a(4) of the Treaty shall apply.’ In the second subparagraph, the words ‘Articles 112(2)b and 123(1)’ shall be replaced by ‘Article 245b(2)b’; |
(i) |
in point (a) of paragraph 9, renumbered 8, the words ‘move to that stage’ shall be replaced by ‘adopt the euro’; |
(j) |
in paragraph 10, renumbered 9, the introductory subparagraph shall be replaced by ‘The United Kingdom may notify the Council at any time of its intention to adopt the euro. In that event:’ In point (a), the reference to Article 122(2) shall be replaced by a reference to Article 117a(1) and (2); |
(k) |
in paragraph 11, renumbered 10, the words ‘Articles 101 and 116(3)’ shall be replaced by ‘Article 101’, and the words ‘does not move to the third stage’ shall be replaced by ‘does not adopt the euro’. |
-
17)The Protocol on certain provisions relating to Denmark shall be amended as follows:
(a) |
in the preamble, the first recital shall be deleted, in the second recital, which shall become the first recital, the words ‘Danish participation in the third stage of economic and monetary union’ shall be replaced by ‘Denmark renouncing its exemption’, and the following new second recital shall be inserted: ‘GIVEN THAT, on 3 November 1993, the Danish Government notified the Council of its intention not to participate in the third stage of economic and monetary union,’; |
(b) |
points 1 and 3 shall be deleted and the remaining points shall be renumbered accordingly; |
(c) |
in point 2, renumbered 1, the first sentence shall be replaced by ‘In view of the notice given to the Council by the Danish Government on 3 November 1993, Denmark shall have an exemption.’ |
(d) |
in point 4, renumbered 2, the reference to Article 122(2) shall be replaced by a reference to Article 117a of the Treaty on the Functioning of the European Union. |
-
18)The Protocol integrating the Schengen acquis into the framework of the European Union shall be amended as follows:
(a) |
in the title of the Protocol, the words ‘integrating the Schengen acquis into’ shall be replaced by ‘on the Schengen acquis integrated into’; |
(b) |
the preamble shall be amended as follows:
|
(c) |
in Article 1, the first sentence shall be replaced by the following: ‘The Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland and the Kingdom of Sweden shall be authorised to establish closer cooperation among themselves in areas covered by provisions defined by the Council which constitute the Schengen acquis.’; |
(d) |
Article 2 shall be replaced by the following: ‘Article 2 The Schengen acquis shall apply to the Member States referred to in Article 1, without prejudice to Article 3 of the Act of Accession of 16 April 2003 or to Article 4 of the Act of Accession of 25 April 2005. The Council will substitute itself for the Executive Committee established by the Schengen agreements.’; |
(e) |
Article 3 shall be replaced by the following: ‘Article 3 The participation of Denmark in the adoption of measures constituting a development of the Schengen acquis, as well as the implementation of these measures and their application to Denmark, shall be governed by the relevant provisions of the Protocol on the position of Denmark.’; |
(f) |
in Article 4, first paragraph, the words ‘which are not bound by the Schengen acquis,’ shall be deleted; |
(g) |
Article 5 shall be replaced by the following: ‘Article 5 18)1. Proposals and initiatives to build upon the Schengen acquis shall be subject to the relevant provisions of the Treaties. In this context, where either Ireland or the United Kingdom has not notified the Council in writing within a reasonable period that it wishes to take part, the authorisation referred to in Article 280 D of the Treaty on the Functioning of the European Union shall be deemed to have been granted to the Member States referred to in Article 1 and to Ireland or the United Kingdom where either of them wishes to take part in the areas of cooperation in question.
|
(h) |
at the end of the first sentence of the first paragraph of Article 6, the words ‘on the basis of the Agreement signed in Luxembourg on 19 December 1996’ shall be deleted; |
(i) |
Article 7 shall be repealed and Article 8 shall be renumbered 7; |
(j) |
the Annex shall be repealed. |
-
19)The Protocol on the application of certain aspects of Article 14 of the Treaty establishing the European Community to the United Kingdom and to Ireland shall be amended as follows:
(a) |
in the title of the Protocol, the reference to the Treaty establishing the European Community shall be replaced by a reference to the Treaty on the Functioning of the European Union; |
(b) |
in Article 1, first paragraph, point (a), the words ‘States which are Contracting Parties to the Agreement on the European Economic Area’ shall be replaced by ‘Member States’; |
(c) |
in Article 1, first and second paragraphs, in Article 2 and in Article 3, second paragraph, the reference to Article 14 shall be replaced by a reference to Articles 22a and 62 of the Treaty on the Functioning of the European Union. |
-
20)The Protocol on the position of the United Kingdom and Ireland shall be amended as follows:
(a) |
at the end of the title of the Protocol, the words ‘in respect of the area of freedom, security and justice’ shall be added; |
(b) |
in the second recital of the preamble, the reference to the Treaty establishing the European Community shall be replaced by a reference to the Treaty on the Functioning of the European Union; |
(c) |
in Article 1, first sentence, the words ‘pursuant to Title IV of the Treaty establishing the European Community’ shall be replaced by ‘pursuant to Title IV of Part Three of the Treaty on the Functioning of the European Union’; the second sentence shall be deleted and the following paragraph shall be added: ‘For the purposes of this Article, a qualified majority shall be defined in accordance with Article 205(3) of the Treaty on the Functioning of the European Union.’; |
(d) |
at the beginning of Article 2 the words ‘provisions of Title IV of the Treaty establishing the European Community’ shall be replaced by ‘provisions of Title IV of Part Three of the Treaty on the Functioning of the European Union’; at the end of the Article, the words ‘acquis communautaire’ shall be replaced by ‘Community or Union acquis’; |
(e) |
Article 3(1) shall be amended as follows:
|
(f) |
in Articles 4, 5 and 6, the words ‘Title IV of the Treaty establishing the European Community’ shall be replaced by ‘Title IV of Part Three of the Treaty on the Functioning of the European Union’; |
(g) |
in the second sentence of Article 4, the reference to Article 11(3) shall be replaced by a reference to Article 280 F(1) of the Treaty on the Functioning of the European Union; |
(h) |
the following new Article 4a shall be inserted: ‘Article 4a
20)2. However, in cases where the Council, acting on a proposal from the Commission, determines that the non-participation of the United Kingdom or Ireland in the amended version of an existing measure makes the application of that measure inoperable for other Member States or the Union, it may urge them to make a notification under Article 3 or 4. For the purposes of Article 3 a further period of two months starts to run as from the date of such determination by the Council. If at the expiry of that period of two months from the Council's determination the United Kingdom or Ireland has not made a notification under Article 3 or Article 4, the existing measure shall no longer be binding upon or applicable to it, unless the Member State concerned has made a notification under Article 4 before the entry into force of the amending measure. This shall take effect from the date of entry into force of the amending measure or of expiry of the period of two months, whichever is the later. For the purpose of this paragraph, the Council shall, after a full discussion of the matter, act by a qualified majority of its members representing the Member States participating or having participated in the adoption of the amending measure. A qualified majority of the Council shall be defined in accordance with Article 205(3)(a) of the Treaty on the Functioning of the European Union.
|
(i) |
at the end of Article 5, the following shall be added: ‘, unless all members of the Council, acting unanimously after consulting the European Parliament, decide otherwise’; |
(j) |
In Article 6, the words ‘the relevant provisions of that Treaty, including Article 68,’ shall be replaced by ‘the relevant provisions of the Treaties’; |
(k) |
the following new Article 6a shall be inserted: ‘Article 6a The United Kingdom and Ireland shall not be bound by the rules laid down on the basis of Article 16 B of the Treaty on the Functioning of the European Union which relate to the processing of personal data by the Member States when carrying out activities which fall within the scope of Chapter 4 or Chapter 5 of Title IV of Part Three of that Treaty where the United Kingdom and Ireland are not bound by the rules governing the forms of judicial cooperation in criminal matters or police cooperation which require compliance with the provisions laid down on the basis of Article 16 B.’; |
(l) |
in Article 7, the words ‘Articles 3 and 4’ shall be replaced by ‘Articles 3, 4 and 4a’ and the words ‘Protocol integrating the Schengen acquis into’ shall be replaced by ‘Protocol on the Schengen acquis integrated into’; |
(m) |
in Article 8, the words ‘the President of’ shall be deleted.; |
(n) |
the following new Article 9 shall be added: ‘Article 9 With regard to Ireland, this Protocol shall not apply to Article 61 H of the Treaty on the Functioning of the European Union.’. |
-
21)The Protocol on the position of Denmark shall be amended as follows:
(a) |
the preamble shall be amended as follows:
|
(b) |
in Article 1, first paragraph, first sentence, the words ‘Title IV of the Treaty establishing the European Community’ shall be replaced by ‘Title IV of Part Three of the Treaty on the Functioning of the European Union’; |
(c) |
in Article 1, the second sentence of the first paragraph shall be deleted and the following new paragraph shall be added: ‘For the purposes of this Article, a qualified majority shall be defined in accordance with Article 205(3) of the Treaty on the Functioning of the European Union.’; |
(d) |
Article 2 shall be replaced by the following: ‘Article 2 None of the provisions of Title IV of Part Three of the Treaty on the Functioning of the European Union, no measure adopted pursuant to that Title, no provision of any international agreement concluded by the Union pursuant to that Title, and no decision of the Court of Justice of the European Union interpreting any such provision or measure or any measure amended or amendable pursuant to that Title shall be binding upon or applicable in Denmark; and no such provision, measure or decision shall in any way affect the competences, rights and obligations of Denmark; and no such provision, measure or decision shall in any way affect the Community or Union acquis nor form part of Union law as they apply to Denmark. In particular, acts of the Union in the field of police cooperation and judicial cooperation in criminal matters adopted before the entry into force of the Treaty of Lisbon which are amended shall continue to be binding upon and applicable to Denmark unchanged.’; |
(e) |
the following new Article 2a shall be inserted: ‘Article 2a Article 2 of this Protocol shall also apply in respect of those rules laid down on the basis of Article 16 B of the Treaty on the Functioning of the European Union which relate to the processing of personal data by the Member States when carrying out activities which fall within the scope of Chapter 4 or Chapter 5 of Title IV of Part Three of that Treaty.’; |
(f) |
Article 4 shall become Article 6; |
(g) |
Article 5, renumbered 4, shall be amended as follows:
|
(h) |
Article 6, renumbered 5, shall be amended as follows:
|
(i) |
following the heading ‘PART III’ an Article 6 shall be inserted, with the wording of Article 4; |
(j) |
a heading ‘PART IV’ shall be inserted before Article 7; |
(k) |
the following new Article 8 shall be inserted: ‘Article 8
|
(l) |
the following new Annex shall be added to the Protocol: ‘ANNEX Article 1 Subject to Article 3, Denmark shall not take part in the adoption by the Council of measures proposed pursuant to Title IV of Part Three of the Treaty on the Functioning of the European Union. The unanimity of the members of the Council, with the exception of the representative of the government of Denmark, shall be necessary for the acts of the Council which must be adopted unanimously. For the purposes of this Article, a qualified majority shall be defined in accordance with Article 205(3) of the Treaty on the Functioning of the European Union. Article 2 Pursuant to Article 1 and subject to Articles 3, 4 and 8, none of the provisions in Title IV of Part Three of the Treaty on the Functioning of the European Union, no measure adopted pursuant to that Title, no provision of any international agreements concluded by the Union pursuant to that Title, no decision of the Court of Justice of the European Union interpreting any such provision or measure shall be binding upon or applicable in Denmark; and no such provision, measure or decision shall in any way affect the competences, rights and obligations of Denmark; and no such provision, measure or decision shall in any way affect the Community or Union acquis nor form part of Union law as they apply to Denmark. Article 3
Article 4 Denmark may at any time after the adoption of a measure pursuant to Title IV of Part Three of the Treaty on the Functioning of the European Union notify its intention to the Council and the Commission that it wishes to accept that measure. In that case, the procedure provided for in Article 280 F(1) of that Treaty shall apply mutatis mutandis. Article 5
21)2. However, in cases where the Council, acting on a proposal from the Commission, determines that the non-participation of Denmark in the amended version of an existing measure makes the application of that measure inoperable for other Member States or the Union, it may urge it to make a notification under Article 3 or 4. For the purposes of Article 3 a further period of two months starts to run as from the date of such determination by the Council. If at the expiry of that period of two months from the Council's determination Denmark has not made a notification under Article 3 or Article 4, the existing measure shall no longer be binding upon or applicable to it, unless it has made a notification under Article 4 before the entry into force of the amending measure. This shall take effect from the date of entry into force of the amending measure or of expiry of the period of two months, whichever is the later. For the purpose of this paragraph, the Council shall, after a full discussion of the matter, act by a qualified majority of its members representing the Member States participating or having participated in the adoption of the amending measure. A qualified majority of the Council shall be defined in accordance with Article 205(3)(a) of the Treaty on the Functioning of the European Union.
Article 6 21)1. Notification pursuant to Article 4 shall be submitted no later than six months after the final adoption of a measure if this measure builds upon the Schengen acquis. If Denmark does not submit a notification in accordance with Articles 3 or 4 regarding a measure building upon the Schengen acquis, the Member States bound by that measure and Denmark will consider appropriate measures to be taken.
Article 7 Denmark shall not be bound by the rules laid down on the basis of Article 16 B of the Treaty on the Functioning of the European Union which relate to the processing of personal data by the Member States when carrying out activities which fall within the scope of Chapter 4 or Chapter 5 of Title IV of Part Three of that Treaty where Denmark is not bound by the rules governing the forms of judicial cooperation in criminal matters or police cooperation which require compliance with the provisions laid down on the basis of Article 16 B. Article 8 Where, in cases referred to in this Part, Denmark is bound by a measure adopted by the Council pursuant to Title IV of Part Three of the Treaty on the Functioning of the European Union, the relevant provisions of the Treaties shall apply to Denmark in relation to that measure. Article 9 Where Denmark is not bound by a measure adopted pursuant to Title IV of Part Three of the Treaty on the Functioning of the European Union, it shall bear no financial consequences of that measure other than administrative costs entailed for the institutions unless the Council, with all its Members acting unanimously after consulting the European Parliament, decides otherwise.’ |
-
22)The Protocol on asylum for nationals of Member States of the European Union shall be amended as follows:
(a) |
the preamble shall be amended as follows:
|
(b) |
the Sole Article shall be amended as follows:
|
-
23)The Protocol on economic and social cohesion shall be amended as follows:
(a) |
throughout the Protocol, the words ‘economic and social cohesion’ shall be replaced by ‘economic, social and territorial cohesion’; |
(b) |
the preamble shall be amended as follows:
|
-
24)In the Protocol on the excessive deficit procedure, in the first recital of the preamble, the reference to the Treaty establishing the European Community shall be replaced by a reference to the Treaty on the Functioning of the European Union.
-
25)In the Protocol on France, the words ‘in its overseas territories’ shall be replaced by ‘in New Caledonia, French Polynesia and Wallis and Futuna’.
-
26)In the Protocol on external relations of the Member States with regard to the crossing of external borders, the reference to Article 62(2)(a) of Title IV of the Treaty shall be replaced by a reference to Article 62(2)(b) of the Treaty on the Functioning of the European Union.
-
27)In the Protocol on Article 17 of the Treaty on European Union, in the enacting terms, the final words ‘, within a year from the entry into force of the Treaty of Amsterdam’ shall be deleted.
-
28)In the Protocol on the system of public broadcasting in the Member States, in the final paragraph of the preamble, the words ‘which shall be annexed to the Treaty establishing the European Community’ shall be replaced by ‘which shall be annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union’.
-
29)In the Protocol concerning imports into the European Union of petroleum products refined in the Netherlands Antilles, in the second sentence of Article 3(3), the words ‘by a decision taken by a qualified majority’ shall be deleted.
-
30)The Protocol concerning Article 141 of the Treaty establishing the European Community shall be amended as follows:
(a) |
in the title of the Protocol, the reference to the Treaty establishing the European Community shall be replaced by a reference to the Treaty on the Functioning of the European Union; |
(b) |
in the sole provision, the words ‘of this Treaty’ shall be replaced by ‘of the Treaty on the Functioning of the European Union’. |
-
31)In the Protocol on special arrangements for Greenland, the words ‘Treaty establishing the European Community’ shall be replaced by ‘Treaty on the Functioning of the European Union’, and Article 2 shall be deleted.
-
32)The Protocol annexed to the Treaty on European Union and to the Treaties establishing the European Communities shall be amended as follows:
(a) |
the Protocol shall be entitled ‘Protocol on Article 40.3.3 of the Constitution of Ireland’; |
(b) |
the words ‘Nothing in the Treaty on European Union, or in the Treaties establishing the European Communities’ shall be replaced by ‘Nothing in the Treaties, or in the Treaty establishing the European Atomic Energy Community’. |
-
33)The Protocol on the financial consequences of the expiry of the ECSC Treaty and on the Research Fund for Coal and Steel shall be amended as follows:
(a) |
in the preamble, the first two recitals shall be replaced by following new first recital: ‘RECALLING that all assets and liabilities of the European Coal and Steel Community, as they existed on 23 July 2002, were transferred to the European Community on 24 July 2002;’ |
(b) |
Article 1(1) shall be deleted and the two remaining paragraphs shall be renumbered accordingly; |
(c) |
Article 2 shall be split into two paragraphs, the first of which shall end with the words ‘including essential principles.’. Furthermore, that Article shall be amended as follows:
|
(d) |
Article 4 shall be repealed. |
Article 2
-
1.The articles of the Protocol on the Statute of the European System of Central Banks and of the European Central Bank, of the Protocol on the Statute of the European Investment Bank, and of the Protocol on the privileges and immunities of the European Union, as they are amended by the Treaty of Lisbon, shall be renumbered in accordance with the tables of equivalences set out in the annex to this Protocol. Cross-references to articles of those protocols which appear therein shall be adapted in accordance with the tables.
-
2.References to recitals of the protocols set out in point 1 of Article 1, or to articles of those protocols, including to paragraphs thereof, as renumbered or rearranged by this Protocol, and which references figure in other protocols or acts of primary legislation shall be adapted in accordance with this Protocol. Such adaptations shall, if necessary, also apply in the event that the provision in question has been repealed.
-
3.References to recitals and articles, including to paragraphs thereof, of the protocols set out in point 1 of Article 1, as amended by the provisions of this Protocol and which figure in other instruments or acts, shall be understood as references to recitals and articles, including to paragraphs thereof, of those protocols as renumbered or rearranged in accordance with this Protocol.
ANNEX
TABLES OF EQUIVALENCES REFERRED TO IN ARTICLE 2 OF PROTOCOL (NO 1) AMENDING THE PROTOCOLS ANNEXED TO THE TREATY ON EUROPEAN UNION, TO THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY AND/OR TO THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY.
-
A.PROTOCOL ON THE STATUTE OF THE EUROPEAN SYSTEM OF CENTRAL BANKS AND OF THE EUROPEAN CENTRAL BANK
Old numbering of the protocol |
New numbering of the protocol |
Article 1 |
Article 1 |
Article 2 |
Article 2 |
Article 3 |
Article 3 |
Article 4 |
Article 4 |
Article 5 |
Article 5 |
Article 6 |
Article 6 |
Article 7 |
Article 7 |
Article 8 |
Article 8 |
Article 9 |
Article 9 |
Article 10 |
Article 10 |
Article 11 |
Article 11 |
Article 12 |
Article 12 |
Article 13 |
Article 13 |
Article 14 |
Article 14 |
Article 15 |
Article 15 |
Article 16 |
Article 16 |
Article 17 |
Article 17 |
Article 18 |
Article 18 |
Article 19 |
Article 19 |
Article 20 |
Article 20 |
Article 21 |
Article 21 |
Article 22 |
Article 22 |
Article 23 |
Article 23 |
Article 24 |
Article 24 |
Article 25 |
Article 25 |
Article 26 |
Article 26 |
Article 27 |
Article 27 |
Article 28 |
Article 28 |
Article 29 |
Article 29 |
Article 30 |
Article 30 |
Article 31 |
Article 31 |
Article 32 |
Article 32 |
Article 33 |
Article 33 |
Article 34 |
Article 34 |
Article 35 |
Article 35 |
Article 36 |
Article 36 |
Article 37 (repealed) |
|
Article 38 |
Article 37 |
Article 39 |
Article 38 |
Article 40 |
Article 39 |
Article 41 |
Article 40 |
Article 42 |
Article 41 |
Article 43 |
Article 42 |
Article 44 |
Article 43 |
Article 45 |
Article 44 |
Article 46 |
Article 45 |
Article 47 |
Article 46 |
Article 48 |
Article 47 |
Article 49 |
Article 48 |
Article 50 (repealed) |
|
Article 51 (repealed) |
|
Article 52 |
Article 49 |
Article 53 |
Article 50 |
-
B.PROTOCOL ON THE STATUTE OF THE EUROPEAN INVESTMENT BANK
Old numbering of the Protocol |
New numbering of the Protocol |
Article 1 |
Article 1 |
Article 2 |
Article 2 |
Article 3 |
Article 3 |
Article 4 |
Article 4 |
Article 5 |
Article 5 |
Article 6 (repealed) |
|
Article 7 (repealed) |
|
Article 8 |
Article 6 |
Article 9 |
Article 7 |
Article 10 |
Article 8 |
Article 11 |
Article 9 |
Article 12 |
Article 10 |
Article 13 |
Article 11 |
Article 14 |
Article 12 |
Article 15 |
Article 13 |
Article 16 |
Article 14 |
Article 17 |
Article 15 |
Article 18 |
Article 16 |
Article 19 |
Article 17 |
Article 20 |
Article 18 |
Article 21 |
Article 19 |
Article 22 |
Article 20 |
Article 23 |
Article 21 |
Article 24 |
Article 22 |
Article 25 |
Article 23 |
Article 26 |
Article 24 |
Article 27 |
Article 25 |
Article 28 |
Article 26 |
Article 29 |
Article 27 |
Article 30 |
Article 28 |
-
C.PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN UNION
Old numbering of the Protocol |
New numbering of the Protocol |
Article 1 |
Article 1 |
Article 2 |
Article 2 |
Article 3 |
Article 3 |
Article 4 |
Article 4 |
Article 5 (repealed) |
|
Article 6 |
Article 5 |
Article 7 |
Article 6 |
Article 8 |
Article 7 |
Article 9 |
Article 8 |
Article 10 |
Article 9 |
Article 11 |
Article 10 |
Article 12 |
Article 11 |
Article 13 |
Article 12 |
Article 14 |
Article 13 |
Article 15 |
Article 14 |
Article 16 |
Article 15 |
Article 17 |
Article 16 |
Article 18 |
Article 17 |
Article 19 |
Article 18 |
Article 20 |
Article 19 |
Article 21 |
Article 20 |
Article 22 |
Article 21 |
Article 23 |
Article 22 |
PROTOCOL No 2
AMENDING THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY
THE HIGH CONTRACTING PARTIES,
RECALLING the necessity that the provisions of the Treaty establishing the European Atomic Energy Community should continue to have full legal effect;
DESIRING to adapt that Treaty to the new rules laid down by the Treaty on European Union and by the Treaty on the Functioning of the European Union, in particular in the institutional and financial fields,
HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty of Lisbon and which amend the Treaty establishing the European Atomic Energy Community as follows:
Article 1
This Protocol shall amend the Treaty establishing the European Atomic Energy Community (hereinafter referred to as the ‘EAEC Treaty’) in its version in force at the time of entry into force of the Treaty of Lisbon.
(The second paragraph does not apply to the English version.)
Article 2
The heading of Title III of the EAEC Treaty ‘Institutional provisions’ shall be replaced by the heading: ‘Institutional and financial provisions’.
Article 3
The following chapter shall be inserted at the beginning of Title III of the EAEC Treaty:
‘CHAPTER I
APPLICATION OF CERTAIN PROVISIONS OF THE TREATY ON EUROPEAN UNION AND OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION
Article 106a
-
1.Article 7, Articles 9 to 9 F, Article 48(2) to (5), and Articles 49 and 49 A of the Treaty on European Union, Article 16 A, Articles 190 to 201b, Articles 204 to 211a, Article 213, Articles 215 to 236, Articles 238, 239 and 240, Articles 241 to 245, Articles 246 to 262, Articles 268 to 277, Articles 279 to 280 and Articles 283, 290 and 292 of the Treaty on the Functioning of the European Union, and the Protocol on Transitional Provisions, shall apply to this Treaty.
-
2.Within the framework of this Treaty, the references to the Union, to the “Treaty on European Union”, to the “Treaty on the Functioning of the European Union” or to the “Treaties” in the provisions referred to in paragraph 1 and those in the protocols annexed both to those Treaties and to this Treaty shall be taken, respectively, as references to the European Atomic Energy Community and to this Treaty.
-
3.The provisions of the Treaty on European Union and of the Treaty on the Functioning of the European Union shall not derogate from the provisions of this Treaty.’.
Article 4
Chapters I, II and III of Title III of the EAEC Treaty shall be renumbered II, III and IV respectively.
Article 5
Article 3, Articles 107 to 132, Articles 136 to 143, Articles 146 to 156, Articles 158 to 163, Articles 165 to 170, Articles 173 and 173 , Article 175, Articles 177 to 179a, and Articles 180b, 181, 183, 183 , 190 and 204 of the EAEC Treaty shall be repealed.
Article 6
The heading of Title IV of the EAEC Treaty ‘Financial provisions’ shall be replaced by the heading: ‘Specific financial provisions’.
Article 7
-
1.In the third paragraph of Article 38 and the third paragraph of Article 82 of the EAEC Treaty the references to Articles 141 and 142 shall be replaced by references to Articles 226 and 227 respectively of the Treaty on the Functioning of the European Union.
-
2.In Article 171(2) and Article 176(3) of the EAEC Treaty the references to Article 183 shall be replaced by references to Article 279 of the Treaty on the Functioning of the European Union.
-
3.In Article 172(4) of the EAEC Treaty the reference to Article 177(5) shall be replaced by a reference to Article 272 of the Treaty on the Functioning of the European Union.
-
4.In the EAEC Treaty the words ‘Court of Justice’ shall be replaced by ‘Court of Justice of the European Union’.
Article 8
Article 191 of the EAEC Treaty shall be replaced by the following:
‘Article 191
The Community shall enjoy in the territories of the Member States such privileges and immunities as are necessary for the performance of its tasks, under the conditions laid down in the Protocol on the privileges and immunities of the European Union.’
Article 9
Article 206 of the EAEC Treaty shall be replaced by the following:
‘Article 206
The Community may conclude with one or more States or international organisations agreements establishing an association involving reciprocal rights and obligations, common action and special procedures.
These agreements shall be concluded by the Council, acting unanimously after consulting the European Parliament.
Where such agreements call for amendments to this Treaty, these amendments shall first be adopted in accordance with the procedure laid down in Article 48(2) to (5) of the Treaty on European Union.’
Article 10
The revenue and expenditure of the European Atomic Energy Community, except for those of the Supply Agency and Joint Undertakings, shall be shown in the budget of the Union.
ANNEX
TABLES OF EQUIVALENCES REFERRED TO IN ARTICLE 5 OF THE TREATY OF LISBON
-
A.Treaty on European Union
Old numbering of the Treaty on European Union |
Numbering in the Treaty of Lisbon |
New numbering of the Treaty on European Union |
TITLE I — COMMON PROVISIONS |
TITLE I — COMMON PROVISIONS |
TITLE I — COMMON PROVISIONS |
Article 1 |
Article 1 |
Article 1 |
Article 1a |
Article 2 |
|
Article 2 |
Article 2 |
Article 3 |
Article 3 (repealed) (1) |
||
Article 3a |
Article 4 |
|
Article 3b (2) |
Article 5 |
|
Article 4 (repealed) (3) |
||
Article 5 (repealed) (4) |
||
Article 6 |
Article 6 |
Article 6 |
Article 7 |
Article 7 |
Article 7 |
Article 7a |
Article 8 |
|
TITLE II — PROVISIONS AMENDING THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY WITH A VIEW TO ESTABLISHING THE EUROPEAN COMMUNITY |
TITLE II — PROVISIONS ON DEMOCRATIC PRINCIPLES |
TITLE II — PROVISIONS ON DEMOCRATIC PRINCIPLES |
Article 8 (repealed) (5) |
Article 8 |
Article 9 |
Article 8 A (6) |
Article 10 |
|
Article 8 B |
Article 11 |
|
Article 8 C |
Article 12 |
|
TITLE III — PROVISIONS AMENDING THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY |
TITLE III — PROVISIONS ON THE INSTITUTIONS |
TITLE III — PROVISIONS ON THE INSTITUTIONS |
Article 9 (repealed) (7) |
Article 9 |
Article 13 |
Article 9 A (8) |
Article 14 |
|
Article 9 B (9) |
Article 15 |
|
Article 9 C (10) |
Article 16 |
|
Article 9 D (11) |
Article 17 |
|
Article 9 E |
Article 18 |
|
Article 9 F (12) |
Article 19 |
|
TITLE IV — PROVISIONS AMENDING THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY |
TITLE IV — PROVISIONS ON ENHANCED COOPERATION |
TITLE IV — PROVISIONS ON ENHANCED COOPERATION |
Article 10 (repealed) (13) Articles 27 A to 27 E (replaced) Articles 40 to 40 B (replaced) Articles 43 to 45 (replaced) |
Article 10 (14) |
Article 20 |
TITLE V — PROVISIONS ON A COMMON FOREIGN AND SECURITY POLICY |
TITLE V — GENERAL PROVISIONS ON THE UNION'S EXTERNAL ACTION AND SPECIFIC PROVISIONS ON THE COMMON FOREIGN AND SECURITY POLICY |
TITLE V — GENERAL PROVISIONS ON THE UNION'S EXTERNAL ACTION AND SPECIFIC PROVISIONS ON THE COMMON FOREIGN AND SECURITY POLICY |
Chapter 1 — General provisions on the Union's external action |
Chapter 1 — General provisions on the Union's external action |
|
Article 10 A |
Article 21 |
|
Article 10 B |
Article 22 |
|
Chapter 2 — Specific provisions on the common foreign and security policy |
Chapter 2 — Specific provisions on the common foreign and security policy |
|
Section 1 — Common provisions |
Section 1 — Common provisions |
|
Article 10 C |
Article 23 |
|
Article 11 |
Article 11 |
Article 24 |
Article 12 |
Article 12 |
Article 25 |
Article 13 |
Article 13 |
Article 26 |
Article 13a |
Article 27 |
|
Article 14 |
Article 14 |
Article 28 |
Article 15 |
Article 15 |
Article 29 |
Article 22 (moved) |
Article 15a |
Article 30 |
Article 23 (moved) |
Article 15b |
Article 31 |
Article 16 |
Article 16 |
Article 32 |
Article 17 (moved) |
Article 28 A |
Article 42 |
Article 18 |
Article 18 |
Article 33 |
Article 19 |
Article 19 |
Article 34 |
Article 20 |
Article 20 |
Article 35 |
Article 21 |
Article 21 |
Article 36 |
Article 22 (moved) |
Article 15a |
Article 30 |
Article 23 (moved) |
Article 15b |
Article 31 |
Article 24 |
Article 24 |
Article 37 |
Article 25 |
Article 25 |
Article 38 |
Article 25a |
Article 39 |
|
Article 47 (moved) |
Article 25b |
Article 40 |
Article 26 (repealed) |
||
Article 27 (repealed) |
||
Article 27 A (replaced) (15) |
Article 10 |
Article 20 |
Article 27 B (replaced) (15) |
Article 10 |
Article 20 |
Article 27 C (replaced) (15) |
Article 10 |
Article 20 |
Article 27 D (replaced) (15) |
Article 10 |
Article 20 |
Article 27 E (replaced) (15) |
Article 10 |
Article 20 |
Article 28 |
Article 28 |
Article 41 |
Section 2 — Provisions on the common security and defence policy |
Section 2 — Provisions on the common security and defence policy |
|
Article 17 (moved) |
Article 28 A |
Article 42 |
Article 28 B |
Article 43 |
|
Article 28 C |
Article 44 |
|
Article 28 D |
Article 45 |
|
Article 28 E |
Article 46 |
|
TITLE VI — PROVISIONS ON POLICE AND JUDICIAL COOPERATION IN CRIMINAL MATTERS (repealed) (16) |
||
Article 29 (replaced) (17) |
||
Article 30 (replaced) (18) |
||
Article 31 (replaced) (19) |
||
Article 32 (replaced) (20) |
||
Article 33 (replaced) (21) |
||
Article 34 (repealed) |
||
Article 35 (repealed) |
||
Article 36 (replaced) (22) |
||
Article 37 (repealed) |
||
Article 38 (repealed) |
||
Article 39 (repealed) |
||
Article 40 (replaced) (23) |
Article 10 |
Article 20 |
Article 40 A (replaced) (23) |
Article 10 |
Article 20 |
Article 40 B (replaced) (23) |
Article 10 |
Article 20 |
Article 41 (repealed) |
||
Article 42 (repealed) |
||
TITLE VII — PROVISIONS ON ENHANCED COOPERATION (replaced) (24) |
TITLE IV — PROVISION ON ENHANCED COOPERATION |
TITLE IV — PROVISION ON ENHANCED COOPERATION |
Article 43 (replaced) (24) |
Article 10 |
Article 20 |
Article 43 A (replaced) (24) |
Article 10 |
Article 20 |
Article 43 B (replaced) (24) |
Article 10 |
Article 20 |
Article 44 (replaced) (24) |
Article 10 |
Article 20 |
Article 44 A (replaced) (24) |
Article 10 |
Article 20 |
Article 45 (replaced) (24) |
Article 10 |
Article 20 |
TITRE VIII — FINAL PROVISIONS |
TITLE VI — FINAL PROVISIONS |
TITLE VI — FINAL PROVISIONS |
Article 46 (repealed) |
||
Article 46a |
Article 47 |
|
Article 47 (moved) |
Article 25b |
Article 40 |
Article 48 |
Article 48 |
Article 48 |
Article 49 |
Article 49 |
Article 49 |
Article 49 A |
Article 50 |
|
Article 49 B |
Article 51 |
|
Article 49 C |
Article 52 |
|
Article 50 (repealed) |
||
Article 51 |
Article 51 |
Article 53 |
Article 52 |
Article 52 |
Article 54 |
Article 53 |
Article 53 |
Article 55 |
-
B.Treaty on the Functioning of the European Union
Old numbering of the Treaty establishing the European Community |
Numbering in the Treaty of Lisbon |
New numbering of the Treaty on the Functioning of the European Union |
PART ONE — PRINCIPLES |
PART ONE — PRINCIPLES |
PART ONE — PRINCIPLES |
Article 1 (repealed) |
||
Article 1a |
Article 1 |
|
Article 2 (repealed) (25) |
||
Title I — Categories and areas of union competence |
Title I — Categories and areas of union competence |
|
Article 2 A |
Article 2 |
|
Article 2 B |
Article 3 |
|
Article 2 C |
Article 4 |
|
Article 2 D |
Article 5 |
|
Article 2 E |
Article 6 |
|
Title II — Provisions having general application |
Title II — Provisions having general application |
|
Article 2 F |
Article 7 |
|
Article 3, paragraph 1 (repealed) (26) |
||
Article 3, paragraph 2 |
Article 3 |
Article 8 |
Article 4 (moved) |
Article 97b |
Article 119 |
Article 5 (replaced) (27) |
||
Article 5a |
Article 9 |
|
Article 5b |
Article 10 |
|
Article 6 |
Article 6 |
Article 11 |
Article 153, paragraph 2 (moved) |
Article 6a |
Article 12 |
Article 6b (28) |
Article 13 |
|
Article 7 (repealed) (29) |
||
Article 8 (repealed) (30) |
||
Article 9 (repealed) |
||
Article 10 (repealed) (31) |
||
Article 11 (replaced) (32) |
Articles 280 A to 280 I |
Articles 326 to 334 |
Article 11a (replaced) (32) |
Articles 280 A to 280 I |
Articles 326 to 334 |
Article 12 (repealed) |
Article 16 D |
Article 18 |
Article 13 (moved) |
Article 16 E |
Article 19 |
Article 14 (moved) |
Article 22a |
Article 26 |
Article 15 (moved) |
Article 22b |
Article 27 |
Article 16 |
Article 16 |
Article 14 |
Article 255 (moved) |
Article 16 A |
Article 15 |
Article 286 (moved) |
Article 16 B |
Article 16 |
Article 16 C |
Article 17 |
|
PART TWO — CITIZENSHIP OF THE UNION |
PART TWO — NON-DISCRIMINATION AND CITIZENSHIP OF THE UNION |
PART TWO — NON-DISCRIMINATION AND CITIZENSHIP OF THE UNION |
Article 12 (moved) |
Article 16 D |
Article 18 |
Article 13 (moved) |
Article 16 E |
Article 19 |
Article 17 |
Article 17 |
Article 20 |
Article 18 |
Article 18 |
Article 21 |
Article 19 |
Article 19 |
Article 22 |
Article 20 |
Article 20 |
Article 23 |
Article 21 |
Article 21 |
Article 24 |
Article 22 |
Article 22 |
Article 25 |
PART THREE — COMMUNITY POLICIES |
PART THREE — POLICIES AND INTERNAL ACTIONS OF THE UNION |
PART THREE — POLICIES AND INTERNAL ACTIONS OF THE UNION |
Title I — The internal market |
Title I — The internal market |
|
Article 14 (moved) |
Article 22a |
Article 26 |
Article 15 (moved) |
Article 22b |
Article 27 |
Title I — Free movement of goods |
Title Ia — Free movement of goods |
Title II — Free movement of goods |
Article 23 |
Article 23 |
Article 28 |
Article 24 |
Article 24 |
Article 29 |
Chapter 1 — The customs union |
Chapter 1 — The customs union |
Chapter 1 — The customs union |
Article 25 |
Article 25 |
Article 30 |
Article 26 |
Article 26 |
Article 31 |
Article 27 |
Article 27 |
Article 32 |
Part Three, Title X, Customs cooperation (moved) |
Chapter 1a — Customs cooperation |
Chapter 2 — Customs cooperation |
Article 135 (moved) |
Article 27a |
Article 33 |
Chapter 2 — Prohibition of quantitative restrictions between Member States |
Chapter 2 — Prohibition of quantitative restrictions between Member States |
Chapter 3 — Prohibition of quantitative restrictions between Member States |
Article 28 |
Article 28 |
Article 34 |
Article 29 |
Article 29 |
Article 35 |
Article 30 |
Article 30 |
Article 36 |
Article 31 |
Article 31 |
Article 37 |
Title II — Agriculture |
Title II — Agriculture and fisheries |
Title III — Agriculture and fisheries |
Article 32 |
Article 32 |
Article 38 |
Article 33 |
Article 33 |
Article 39 |
Article 34 |
Article 34 |
Article 40 |
Article 35 |
Article 35 |
Article 41 |
Article 36 |
Article 36 |
Article 42 |
Article 37 |
Article 37 |
Article 43 |
Article 38 |
Article 38 |
Article 44 |
Title III — Free movement of persons, services and capital |
Title III — Free movement of persons, services and capital |
Title IV — Free movement of persons, services and capital |
Chapter 1 — Workers |
Chapter 1 — Workers |
Chapter 1 — Workers |
Article 39 |
Article 39 |
Article 45 |
Article 40 |
Article 40 |
Article 46 |
Article 41 |
Article 41 |
Article 47 |
Article 42 |
Article 42 |
Article 48 |
Chapter 2 — Right of establishment |
Chapter 2 — Right of establishment |
Chapter 2 — Right of establishment |
Article 43 |
Article 43 |
Article 49 |
Article 44 |
Article 44 |
Article 50 |
Article 45 |
Article 45 |
Article 51 |
Article 46 |
Article 46 |
Article 52 |
Article 47 |
Article 47 |
Article 53 |
Article 48 |
Article 48 |
Article 54 |
Article 294 (moved) |
Article 48a |
Article 55 |
Chapter 3 — Services |
Chapter 3 — Services |
Chapter 3 — Services |
Article 49 |
Article 49 |
Article 56 |
Article 50 |
Article 50 |
Article 57 |
Article 51 |
Article 51 |
Article 58 |
Article 52 |
Article 52 |
Article 59 |
Article 53 |
Article 53 |
Article 60 |
Article 54 |
Article 54 |
Article 61 |
Article 55 |
Article 55 |
Article 62 |
Chapter 4 — Capital and payments |
Chapter 4 — Capital and payments |
Chapter 4 — Capital and payments |
Article 56 |
Article 56 |
Article 63 |
Article 57 |
Article 57 |
Article 64 |
Article 58 |
Article 58 |
Article 65 |
Article 59 |
Article 59 |
Article 66 |
Article 60 (moved) |
Article 61 H |
Article 75 |
Title IV — Visas, asylum, immigration and other policies related to free movement of persons |
Title IV — Area of freedom, security and justice |
Title V — Area of freedom, security and justice |
Chapter 1 — General provisions |
Chapter 1 — General provisions |
|
Article 61 |
Article 61 (33) |
Article 67 |
Article 61 A |
Article 68 |
|
Article 61 B |
Article 69 |
|
Article 61 C |
Article 70 |
|
Article 61 D (34) |
Article 71 |
|
Article 64, paragraph 1 (replaced) |
Article 61 E (35) |
Article 72 |
Article 61 F |
Article 73 |
|
Article 66 (replaced) |
Article 61 G |
Article 74 |
Article 60 (moved) |
Article 61 H |
Article 75 |
Article 61 I |
Article 76 |
|
Chapter 2 — Policies on border checks, asylum and immigration |
Chapter 2 — Policies on border checks, asylum and immigration |
|
Article 62 |
Article 62 |
Article 77 |
Article 63, points 1 et 2, and Article 64, paragraph 2 (36) |
Article 63 |
Article 78 |
Article 63, points 3 and 4 |
Article 63a |
Article 79 |
Article 63b |
Article 80 |
|
Article 64, paragraph 1 (replaced) |
Article 61 E |
Article 72 |
Chapter 3 — Judicial cooperation in civil matters |
Chapter 3 — Judicial cooperation in civil matters |
|
Article 65 |
Article 65 |
Article 81 |
Article 66 (replaced) |
Article 61 G |
Article 74 |
Article 67 (repealed) |
||
Article 68 (repealed) |
||
Article 69 (repealed) |
||
Chapter 4 — Judicial cooperation in criminal matters |
Chapter 4 — Judicial cooperation in criminal matters |
|
Article 69 A (37) |
Article 82 |
|
Article 69 B (37) |
Article 83 |
|
Article 69 C |
Article 84 |
|
Article 69 D (37) |
Article 85 |
|
Article 69 E |
Article 86 |
|
Chapter 5 — Police cooperation |
Chapter 5 — Police cooperation |
|
Article 69 F (38) |
Article 87 |
|
Article 69 G (38) |
Article 88 |
|
Article 69 H (39) |
Article 89 |
|
Title V — Transport |
Title V — Transport |
Title VI — Transport |
Article 70 |
Article 70 |
Article 90 |
Article 71 |
Article 71 |
Article 91 |
Article 72 |
Article 72 |
Article 92 |
Article 73 |
Article 73 |
Article 93 |
Article 74 |
Article 74 |
Article 94 |
Article 75 |
Article 75 |
Article 95 |
Article 76 |
Article 76 |
Article 96 |
Article 77 |
Article 77 |
Article 97 |
Article 78 |
Article 78 |
Article 98 |
Article 79 |
Article 79 |
Article 99 |
Article 80 |
Article 80 |
Article 100 |
Title VI — Common rules on competition, taxation and approximation of laws |
Title VI — Common rules on competition, taxation and approximation of laws |
Title VII — Common rules on competition, taxation and approximation of laws |
Chapter 1 — Rules on competition |
Chapter 1 — Rules on competition |
Chapter 1 — Rules on competition |
Section 1 — Rules applying to undertakings |
Section 1 — Rules applying to undertakings |
Section 1 — Rules applying to undertakings |
Article 81 |
Article 81 |
Article 101 |
Article 82 |
Article 82 |
Article 102 |
Article 83 |
Article 83 |
Article 103 |
Article 84 |
Article 84 |
Article 104 |
Article 85 |
Article 85 |
Article 105 |
Article 86 |
Article 86 |
Article 106 |
Section 2 — Aids granted by States |
Section 2 — Aids granted by States |
Section 2 — Aids granted by States |
Article 87 |
Article 87 |
Article 107 |
Article 88 |
Article 88 |
Article 108 |
Article 89 |
Article 89 |
Article 109 |
Chapter 2 — Tax provisions |
Chapter 2 — Tax provisions |
Chapter 2 — Tax provisions |
Article 90 |
Article 90 |
Article 110 |
Article 91 |
Article 91 |
Article 111 |
Article 92 |
Article 92 |
Article 112 |
Article 93 |
Article 93 |
Article 113 |
Chapter 3 — Approximation of laws |
Chapter 3 — Approximation of laws |
Chapter 3 — Approximation of laws |
Article 95 (moved) |
Article 94 |
Article 114 |
Article 94 (moved) |
Article 95 |
Article 115 |
Article 96 |
Article 96 |
Article 116 |
Article 97 |
Article 97 |
Article 117 |
Article 97a |
Article 118 |
|
Title VII — Economic and monetary policy |
Title VII — Economic and monetary policy |
Title VIII — Economic and monetary policy |
Article 4 (moved) |
Article 97b |
Article 119 |
Chapter 1 — Economic policy |
Chapter 1 — Economic policy |
Chapter 1 — Economic policy |
Article 98 |
Article 98 |
Article 120 |
Article 99 |
Article 99 |
Article 121 |
Article 100 |
Article 100 |
Article 122 |
Article 101 |
Article 101 |
Article 123 |
Article 102 |
Article 102 |
Article 124 |
Article 103 |
Article 103 |
Article 125 |
Article 104 |
Article 104 |
Article 126 |
Chapter 2 — monetary policy |
Chapter 2 — monetary policy |
Chapter 2 — monetary policy |
Article 105 |
Article 105 |
Article 127 |
Article 106 |
Article 106 |
Article 128 |
Article 107 |
Article 107 |
Article 129 |
Article 108 |
Article 108 |
Article 130 |
Article 109 |
Article 109 |
Article 131 |
Article 110 |
Article 110 |
Article 132 |
Article 111, paragraphs 1 to 3 and 5 (moved) |
Article 188 O |
Article 219 |
Article 111, paragraph 4 (moved) |
Article 115 C, paragraph 1 |
Article 138 |
Article 111a |
Article 133 |
|
Chapter 3 — Institutional provisions |
Chapter 3 — Institutional provisions |
Chapter 3 — Institutional provisions |
Article 112 (moved) |
Article 245b |
Article 283 |
Article 113 (moved) |
Article 245c |
Article 294 |
Article 114 |
Article 114 |
Article 134 |
Article 115 |
Article 115 |
Article 135 |
Chapter 3a — Provisions specific to Member States whose currency is the euro |
Chapter 4 — Provisions specific to Member States whose currency is the euro |
|
Article 115 A |
Article 136 |
|
Article 115 B |
Article 137 |
|
Article 111, paragraph 4 (moved) |
Article 115 C |
Article 138 |
Chapter 4 — Transitional provisions |
Chapter 4 — Transitional provisions |
Chapter 5 — Transitional provisions |
Article 116 (repealed) |
||
Article 116a |
Article 139 |
|
Article 117, paragraph 2, first five indents (moved) |
Article 118a, paragraph 2 |
Article 141, paragraph 2 |
Article 117, paragraphs 1, 2, sixth indent, and 3 to 9 (repealed) |
||
Article 121, paragraph 1 (moved) Article 122, paragraph 2, second sentence (moved) Article 123, paragraph 5 (moved) |
Article 117a, first paragraph (40) Article 117a, second paragraph (41) Article 117a, third paragraph (42) |
Article 140 |
Article 118 (repealed) |
||
Article 123, paragraph 3 (moved) Article 117, paragraph 2, first five indents (moved) |
Article 118a, paragraph 1 (43) Article 118a, paragraph 2 (44) |
Article 141 |
Article 124, paragraph 1 (moved) |
Article 118b |
Article 142 |
Article 119 |
Article 119 |
Article 143 |
Article 120 |
Article 120 |
Article 144 |
Article 121, paragraph 1 (moved) |
Article 117a, paragraph 1 |
Article 140, paragraph 1 |
Article 121, paragraphs 2 to 4 (repealed) |
||
Article 122, paragraphs 1, 2, first sentence, 3, 4, 5 and 6 (repealed) |
||
Article 122, paragraph 2, second sentence (moved) |
Article 117a, paragraph 2, first subparagraph |
Article 140, paragraph 2, first subparagraph |
Article 123, paragraphs 1, 2 and 4 (repealed) |
||
Article 123, paragraph 3 (moved) |
Article 118a, paragraph 1 |
Article 141, paragraph 1 |
Article 123, paragraph 5 (moved) |
Article 117a, paragraph 3 |
Article 140, paragraph 3 |
Article 124, paragraph 1 (moved) |
Article 118b |
Article 142 |
Article 124, paragraph 2 (repealed) |
||
Title VIII — Employment |
Title VIII — Employment |
Title IX — Employment |
Article 125 |
Article 125 |
Article 145 |
Article 126 |
Article 126 |
Article 146 |
Article 127 |
Article 127 |
Article 147 |
Article 128 |
Article 128 |
Article 148 |
Article 129 |
Article 129 |
Article 149 |
Article 130 |
Article 130 |
Article 150 |
Title IX — Common commercial policy (moved) |
Part Five, Title II, common commercial policy |
Part Five, Title II, common commercial policy |
Article 131 (moved) |
Article 188 B |
Article 206 |
Article 132 (repealed) |
||
Article 133 (moved) |
Article 188 C |
Article 207 |
Article 134 (repealed) |
||
Title X — Customs cooperation (moved) |
Part Three, Title II, Chapter 1a, Customs cooperation |
Part Three, Title II, Chapter 2, Customs cooperation |
Article 135 (moved) |
Article 27a |
Article 33 |
Title XI — Social policy, education, vocational training and youth |
Title IX — Social policy |
Title X — Social policy |
Chapter 1 — social provisions (repealed) |
||
Article 136 |
Article 136 |
Article 151 |
Article 136a |
Article 152 |
|
Article 137 |
Article 137 |
Article 153 |
Article 138 |
Article 138 |
Article 154 |
Article 139 |
Article 139 |
Article 155 |
Article 140 |
Article 140 |
Article 156 |
Article 141 |
Article 141 |
Article 157 |
Article 142 |
Article 142 |
Article 158 |
Article 143 |
Article 143 |
Article 159 |
Article 144 |
Article 144 |
Article 160 |
Article 145 |
Article 145 |
Article 161 |
Chapter 2 — The European Social Fund |
Title X — The European Social Fund |
Title XI — The European Social Fund |
Article 146 |
Article 146 |
Article 162 |
Article 147 |
Article 147 |
Article 163 |
Article 148 |
Article 148 |
Article 164 |
Chapter 3 — Education, vocational training and youth |
Title XI — Education, vocational training, youth and sport |
Title XII — Education, vocational training, youth and sport |
Article 149 |
Article 149 |
Article 165 |
Article 150 |
Article 150 |
Article 166 |
Title XII — Culture |
Title XII — Culture |
Title XIII — Culture |
Article 151 |
Article 151 |
Article 167 |
Title XIII — Public health |
Title XIII — Public health |
Title XIV — Public health |
Article 152 |
Article 152 |
Article 168 |
Title XIV — Consumer protection |
Title XIV — Consumer protection |
Title XV — Consumer protection |
Article 153, paragraphs 1, 3, 4 and 5 |
Article 153 |
Article 169 |
Article 153, paragraph 2 (moved) |
Article 6a |
Article 12 |
Title XV — Trans–European networks |
Title XV — Trans–European networks |
Title XVI — Trans–European networks |
Article 154 |
Article 154 |
Article 170 |
Article 155 |
Article 155 |
Article 171 |
Article 156 |
Article 156 |
Article 172 |
Title XVI — Industry |
Title XVI — Industry |
Title XVII — Industry |
Article 157 |
Article 157 |
Article 173 |
Title XVII — Economic and social cohesion |
Title XVII — Economic, social and territorial cohesion |
Title XVIII — Economic, social and territorial cohesion |
Article 158 |
Article 158 |
Article 174 |
Article 159 |
Article 159 |
Article 175 |
Article 160 |
Article 160 |
Article 176 |
Article 161 |
Article 161 |
Article 177 |
Article 162 |
Article 162 |
Article 178 |
Title XVIII — Research and technological development |
Title XVIII — Research and technological development and space |
Title XIX — Research and technological development and space |
Article 163 |
Article 163 |
Article 179 |
Article 164 |
Article 164 |
Article 180 |
Article 165 |
Article 165 |
Article 181 |
Article 166 |
Article 166 |
Article 182 |
Article 167 |
Article 167 |
Article 183 |
Article 168 |
Article 168 |
Article 184 |
Article 169 |
Article 169 |
Article 185 |
Article 170 |
Article 170 |
Article 186 |
Article 171 |
Article 171 |
Article 187 |
Article 172 |
Article 172 |
Article 188 |
Article 172bis |
Article 189 |
|
Article 173 |
Article 173 |
Article 190 |
Title XIX — Environment |
Title XIX — Environment |
Title XX — Environment |
Article 174 |
Article 174 |
Article 191 |
Article 175 |
Article 175 |
Article 192 |
Article 176 |
Article 176 |
Article 193 |
Title XX — Energy |
Titre XXI — Energy |
|
Article 176 A |
Article 194 |
|
Title XXI — Tourism |
Title XXII — Tourism |
|
Article 176 B |
Article 195 |
|
Title XXII — Civil protection |
Title XXIII — Civil protection |
|
Article 176 C |
Article 196 |
|
Title XXIII — Administrative cooperation |
Title XXIV — Administrative cooperation |
|
Article 176 D |
Article 197 |
|
Title XX — Development cooperation (moved) |
Part Five, Title III, Chapter 1, Development cooperation |
Part Five, Title III, Chapter 1, Development cooperation |
Article 177 (moved) |
Article 188 D |
Article 208 |
Article 178 (repealed) (45) |
||
Article 179 (moved) |
Article 188 E |
Article 209 |
Article 180 (moved) |
Article 188 F |
Article 210 |
Article 181 (moved) |
Article 188 G |
Article 211 |
Title XXI — Economic, financial and technical cooperation with third countries (moved) |
Part Five, Title III, Chapter 2, Economic, financial and technical cooperation with third countries |
Part Five, Title III, Chapter 2, Economic, financial and technical cooperation with third countries |
Article 181a (moved) |
Article 188 H |
Article 212 |
PART FOUR — ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES |
PART FOUR — ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES |
PART FOUR — ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES |
Article 182 |
Article 182 |
Article 198 |
Article 183 |
Article 183 |
Article 199 |
Article 184 |
Article 184 |
Article 200 |
Article 185 |
Article 185 |
Article 201 |
Article 186 |
Article 186 |
Article 202 |
Article 187 |
Article 187 |
Article 203 |
Article 188 |
Article 188 |
Article 204 |
PART FIVE — EXTERNAL ACTION BY THE UNION |
PART FIVE — EXTERNAL ACTION BY THE UNION |
|
Title I — General provisions on the union's external action |
Title I — General provisions on the union's external action |
|
Article 188 A |
Article 205 |
|
Part Three, Title IX, Common commercial policy (moved) |
Title II — Common commercial policy |
Title II — Common commercial policy |
Article 131 (moved) |
Article 188 B |
Article 206 |
Article 133 (moved) |
Article 188 C |
Article 207 |
Title III — Cooperation with third countries and humanitarian aid |
Title III — Cooperation with third countries and humanitarian aid |
|
Part Three, Title XX, Development cooperation (moved) |
Chapter 1 — development cooperation |
Chapter 1 — development cooperation |
Article 177 (moved) |
Article 188 D (46) |
Article 208 |
Article 179 (moved) |
Article 188 E |
Article 209 |
Article 180 (moved) |
Article 188 F |
Article 210 |
Article 181 (moved) |
Article 188 G |
Article 211 |
Part Three, Title XXI, Economic, financial and technical cooperation with third countries (moved) |
Chapter 2 — Economic, financial and technical cooperation with third countries |
Chapter 2 — Economic, financial and technical cooperation with third countries |
Article 181a (moved) |
Article 188 H |
Article 212 |
Article 188 I |
Article 213 |
|
Chapter 3 — Humanitarian aid |
Chapter 3 — Humanitarian aid |
|
Article 188 J |
Article 214 |
|
Title IV — Restrictive measures |
Title IV — Restrictive measures |
|
Article 301 (replaced) |
Article 188 K |
Article 215 |
Title V — International agreements |
Title V — International agreements |
|
Article 188 L |
Article 216 |
|
Article 310 (moved) |
Article 188 M |
Article 217 |
Article 300 (replaced) |
Article 188 N |
Article 218 |
Article 111, paragraphe 1 to 3 and 5 (moved) |
Article 188 O |
Article 219 |
Title VI — The Union's relations with international organisations and third countries and the Union delegations |
Title VI — The Union's relations with international organisations and third countries and the Union delegations |
|
Articles 302 to 304 (replaced) |
Article 188 P |
Article 220 |
Article 188 Q |
Article 221 |
|
Title VII — Solidarity clause |
Title VII — Solidarity clause |
|
Article 188 R |
Article 222 |
|
PART FIVE — INSTITUTIONS OF THE COMMUNITY |
PART SIX — INSTITUTIONAL AND BUDGETARY PROVISIONS |
PART SIX — INSTITUTIONAL AND BUDGETARY PROVISIONS |
Title I — Institutional provisions |
Title I — Institutional provisions |
Title I — Institutional provisions |
Chapter 1 — The institutions |
Chapter 1 — The institutions |
Chapter 1 — The institutions |
Section 1 — The European Parliament |
Section 1 — The European Parliament |
Section 1 — The European Parliament |
Article 189 (repealed) (47) |
||
Article 190, paragraphs 1 to 3 (repealed) (48) |
||
Article 190, paragraphs 4 and 5 |
Article 190 |
Article 223 |
Article 191, first paragraph (repealed) (49) |
||
Article 191, second paragraph |
Article 191 |
Article 224 |
Article 192, first paragraph (repealed) (50) |
||
Article 192, second paragraph |
Article 192 |
Article 225 |
Article 193 |
Article 193 |
Article 226 |
Article 194 |
Article 194 |
Article 227 |
Article 195 |
Article 195 |
Article 228 |
Article 196 |
Article 196 |
Article 229 |
Article 197, first paragraph (repealed) (51) |
||
Article 197, second, third and fourth paragraphs |
Article 197 |
Article 230 |
Article 198 |
Article 198 |
Article 231 |
Article 199 |
Article 199 |
Article 232 |
Article 200 |
Article 200 |
Article 233 |
Article 201 |
Article 201 |
Article 234 |
Section 1a — The European Council |
Section 2 — The European Council |
|
Article 201a |
Article 235 |
|
Article 201b |
Article 236 |
|
Section 2 — The Council |
Section 2 — The Council |
Section 3 — The Council |
Article 202 (repealed) (52) |
||
Article 203 (repealed) (53) |
||
Article 204 |
Article 204 |
Article 237 |
Article 205, paragraphs 2 and 4 (repealed) (54) |
||
Article 205, paragraphs 1 and 3 |
Article 205 |
Article 238 |
Article 206 |
Article 206 |
Article 239 |
Article 207 |
Article 207 |
Article 240 |
Article 208 |
Article 208 |
Article 241 |
Article 209 |
Article 209 |
Article 242 |
Article 210 |
Article 210 |
Article 243 |
Section 3 — The Commission |
Section 3 — The Commission |
Section 4 — The Commission |
Article 211 (repealed) (55) |
||
Article 211a |
Article 244 |
|
Article 212 (moved) |
Article 218, paragraph 2 |
Article 249, paragraph 2 |
Article 213 |
Article 213 |
Article 245 |
Article 214 (repealed) (56) |
||
Article 215 |
Article 215 |
Article 246 |
Article 216 |
Article 216 |
Article 247 |
Article 217, paragraphs 1, 3 and 4 (repealed) (57) |
||
Article 217, paragraph 2 |
Article 217 |
Article 248 |
Article 218, paragraph 1 (repealed) (58) |
||
Article 218, paragraph 2 |
Article 218 |
Article 249 |
Article 219 |
Article 219 |
Article 250 |
Section 4 — The Court of Justice |
Section 4 — The Court of Justice of the European Union |
Section 5 — The Court of Justice of the European Union |
Article 220 (repealed) (59) |
||
Article 221, first paragraph (repealed) (60) |
||
Article 221, second and third paragraphs |
Article 221 |
Article 251 |
Article 222 |
Article 222 |
Article 252 |
Article 223 |
Article 223 |
Article 253 |
Article 224 (61) |
Article 224 |
Article 254 |
Article 224a |
Article 255 |
|
Article 225 |
Article 225 |
Article 256 |
Article 225a |
Article 225a |
Article 257 |
Article 226 |
Article 226 |
Article 258 |
Article 227 |
Article 227 |
Article 259 |
Article 228 |
Article 228 |
Article 260 |
Article 229 |
Article 229 |
Article 261 |
Article 229a |
Article 229a |
Article 262 |
Article 230 |
Article 230 |
Article 263 |
Article 231 |
Article 231 |
Article 264 |
Article 232 |
Article 232 |
Article 265 |
Article 233 |
Article 233 |
Article 266 |
Article 234 |
Article 234 |
Article 267 |
Article 235 |
Article 235 |
Article 268 |
Article 235a |
Article 269 |
|
Article 236 |
Article 236 |
Article 270 |
Article 237 |
Article 237 |
Article 271 |
Article 238 |
Article 238 |
Article 272 |
Article 239 |
Article 239 |
Article 273 |
Article 240 |
Article 240 |
Article 274 |
Article 240a |
Article 275 |
|
Article 240b |
Article 276 |
|
Article 241 |
Article 241 |
Article 277 |
Article 242 |
Article 242 |
Article 278 |
Article 243 |
Article 243 |
Article 279 |
Article 244 |
Article 244 |
Article 280 |
Article 245 |
Article 245 |
Article 281 |
Section 4a — The European Central Bank |
Section 6 — The European Central Bank |
|
Article 245a |
Article 282 |
|
Article 112 (moved) |
Article 245b |
Article 283 |
Article 113 (moved) |
Article 245c |
Article 284 |
Section 5 — The Court of Auditors |
Section 5 — The Court of Auditors |
Section 7 — The Court of Auditors |
Article 246 |
Article 246 |
Article 285 |
Article 247 |
Article 247 |
Article 286 |
Article 248 |
Article 248 |
Article 287 |
Chapter 2 — Provisions common to several institutions |
Chapter 2 — Legal acts of the Union, adoption procedures and other provisions |
Chapter 2 — Legal acts of the Union, adoption procedures and other provisions |
Section 1 — The legal acts of the Union |
Section 1 — The legal acts of the Union |
|
Article 249 |
Article 249 |
Article 288 |
Article 249 A |
Article 289 |
|
Article 249 B (62) |
Article 290 |
|
Article 249 C (62) |
Article 291 |
|
Article 249 D |
Article 292 |
|
Section 2 — Procedures for the adoption of acts and other provisions |
Section 2 — Procedures for the adoption of acts and other provisions |
|
Article 250 |
Article 250 |
Article 293 |
Article 251 |
Article 251 |
Article 294 |
Article 252 (repealed) |
||
Article 252a |
Article 295 |
|
Article 253 |
Article 253 |
Article 296 |
Article 254 |
Article 254 |
Article 297 |
Article 254a |
Article 298 |
|
Article 255 (moved) |
Article 16 A |
Article 15 |
Article 256 |
Article 256 |
Article 299 |
Chapter 3 — The Union's advisory bodies |
Chapter 3 — The Union's advisory bodies |
|
Article 256a |
Article 300 |
|
Chapter 3 — The Economic and Social Committee |
Section 1 — The Economic and Social Committee |
Section 1 — The Economic and Social Committee |
Article 257 (repealed) (63) |
||
Article 258, first, second and fourth paragraphs (64) |
Article 258 |
Article 301 |
Article 258, third paragraph (repealed) (64) |
||
Article 259 |
Article 259 |
Article 302 |
Article 260 |
Article 260 |
Article 303 |
Article 261 (repealed) |
||
Article 262 |
Article 262 |
Article 304 |
Chapter 4 — The Committee of the Regions |
Section 2 — The Committee of the Regions |
Section 2 — The Committee of the Regions |
Article 263, first and fifth paragraphs (repealed) (65) |
||
Article 263, second to fourth paragraphs |
Article 263 |
Article 305 |
Article 264 |
Article 264 |
Article 306 |
Article 265 |
Article 265 |
Article 307 |
Chapter 5 — The European Investment Bank |
Chapter 4 — The European Investment Bank |
Chapter 4 — The European Investment Bank |
Article 266 |
Article 266 |
Article 308 |
Article 267 |
Article 267 |
Article 309 |
Title II — Financial provisions |
Title II — Financial provisions |
Title II — Financial provisions |
Article 268 |
Article 268 |
Article 310 |
Chapter 1 — The Union's own resources |
Chapter 1 — The Union's own resources |
|
Article 269 |
Article 269 |
Article 311 |
Article 270 (repealed) (66) |
||
Chapter 2 — The multiannual financial framework |
Chapter 2 — The multiannual financial framework |
|
Article 270a |
Article 312 |
|
Chapter 3 — The Union's annual budget |
Chapter 3 — The Union's annual budget |
|
Article 272, paragraph 1 (moved) |
Article 270b |
Article 313 |
Article 271 (moved) |
Article 273a |
Article 316 |
Article 272, paragraph 1 (moved) |
Article 270b |
Article 313 |
Article 272, paragraphs 2 to 10 |
Article 272 |
Article 314 |
Article 273 |
Article 273 |
Article 315 |
Article 271 (moved) |
Article 273a |
Article 316 |
Chapter 4 — Implementation of the budget and discharge |
Chapter 4 — Implementation of the budget and discharge |
|
Article 274 |
Article 274 |
Article 317 |
Article 275 |
Article 275 |
Article 318 |
Article 276 |
Article 276 |
Article 319 |
Chapter 5 — Common provisions |
Chapter 5 — Common provisions |
|
Article 277 |
Article 277 |
Article 320 |
Article 278 |
Article 278 |
Article 321 |
Article 279 |
Article 279 |
Article 322 |
Article 279a |
Article 323 |
|
Article 279b |
Article 324 |
|
Chapter 6 — Combating fraud |
Chapter 6 — Combating fraud |
|
Article 280 |
Article 280 |
Article 325 |
Title III — Enhanced cooperation |
Title III — Enhanced cooperation |
|
Articles 11 and 11 A (replaced) |
Article 280 A (67) |
Article 326 |
Articles 11 and 11 A (replaced) |
Article 280 B (67) |
Article 327 |
Articles 11 and 11 A (replaced) |
Article 280 C (67) |
Article 328 |
Articles 11 and 11 A (replaced) |
Article 280 D (67) |
Article 329 |
Articles 11 and 11 A (replaced) |
Article 280 E (67) |
Article 330 |
Articles 11 and 11 A (replaced) |
Article 280 F (67) |
Article 331 |
Articles 11 and 11 A (replaced) |
Article 280 G (67) |
Article 332 |
Articles 11 and 11 A (replaced) |
Article 280 H (67) |
Article 333 |
Articles 11 and 11 A (replaced) |
Article 280 I (67) |
Article 334 |
PART SIX — GENERAL AND FINAL PROVISIONS |
PART SEVEN — GENERAL AND FINAL PROVISIONS |
PART SEVEN — GENERAL AND FINAL PROVISIONS |
Article 281 (repealed) (68) |
||
Article 282 |
Article 282 |
Article 335 |
Article 283 |
Article 283 |
Article 336 |
Article 284 |
Article 284 |
Article 337 |
Article 285 |
Article 285 |
Article 338 |
Article 286 (replaced) |
Article 16 B |
Article 16 |
Article 287 |
Article 287 |
Article 339 |
Article 288 |
Article 288 |
Article 340 |
Article 289 |
Article 289 |
Article 341 |
Article 290 |
Article 290 |
Article 342 |
Article 291 |
Article 291 |
Article 343 |
Article 292 |
Article 292 |
Article 344 |
Article 293 (repealed) |
||
Article 294 (moved) |
Article 48a |
Article 55 |
Article 295 |
Article 295 |
Article 345 |
Article 296 |
Article 296 |
Article 346 |
Article 297 |
Article 297 |
Article 347 |
Article 298 |
Article 298 |
Article 348 |
Article 299, paragraph 1 (repealed) (69) |
||
Article 299, paragraph 2, second, third and fourth subparagraphs |
Article 299 |
Article 349 |
Article 299, paragraph 2, first subparagraph, and paragraphs 3 to 6 (moved) |
Article 311a |
Article 355 |
Article 300 (replaced) |
Article 188 N |
Article 218 |
Article 301 (replaced) |
Article 188 K |
Article 215 |
Article 302 (replaced) |
Article 188 P |
Article 220 |
Article 303 (replaced) |
Article 188 P |
Article 220 |
Article 304 (replaced) |
Article 188 P |
Article 220 |
Article 305 (repealed) |
||
Article 306 |
Article 306 |
Article 350 |
Article 307 |
Article 307 |
Article 351 |
Article 308 |
Article 308 |
Article 352 |
Article 308a |
Article 353 |
|
Article 309 |
Article 309 |
Article 354 |
Article 310 (moved) |
Article 188 M |
Article 217 |
Article 311 (repealed) (70) |
||
Article 299, paragraph 2, first subparagraph, and paragraphs 3 to 6 (moved) |
Article 311a |
Article 355 |
Article 312 |
Article 312 |
Article 356 |
Final Provisions |
||
Article 313 |
Article 313 |
Article 357 |
Article 313a |
Article 358 |
|
Article 314 (repealed) (71) |
-
Replaced, in substance, by Article 2 F (renumbered 7) of the Treaty on the Functioning of the European Union (‘TFEU’) and by Articles 9(1) and 10 A, paragraph 3, second subparagraph (renumbered 13 and 21) of the Treaty on European Union (‘TEU’).
-
Replaces Article 5 of the Treaty establishing the European Community (‘TEC’).
-
Replaced, in substance, by Article 9 B (renumbered 15).
-
Replaced, in substance, by Article 9, paragraph 2 (renumbered 13).
-
Article 8 TEU, which was in force until the entry into force of the Treaty of Lisbon (hereinafter ‘current’), amended the TEC. Those amendments are incorporated into the latter Treaty and Article 8 is repealed. Its number is used to insert a new provision.
-
Paragraph 4 replaces, in substance, the first subparagraph of Article 191 TEC.
-
The current Article 9 TEU amended the Treaty establishing the European Coal and Steel Community. This latter expired on 23 July 2002. Article 9 is repealed and the number thereof is used to insert another provision.
— |
Paragraphs 1 and 2 replace, in substance, Article 189 TEC; |
— |
paragraphs 1 to 3 replace, in substance, paragraphs 1 to 3 of Article 190 TEC; |
— |
paragraph 1 replaces, in substance, the first subparagraph of Article 192 TEC; |
— |
paragraph 4 replaces, in substance, the first subparagraph of Article 197 TEC. |
-
Replaces, in substance, Article 4.
— |
Paragraph 1 replaces, in substance, the first and second indents of Article 202 TEC; |
— |
paragraphs 2 and 9 replace, in substance, Article 203 TEC; |
— |
paragraphs 4 and 5 replace, in substance, paragraphs 2 and 4 of Article 205 TEC. |
— |
Paragraph 1 replaces, in substance, Article 211 TEC; |
— |
paragraphs 3 and 7 replace, in substance, Article 214 TEC. |
— |
paragraph 6 replaces, in substance, paragraphs 1, 3 and 4 of Article 217 TEC. |
— |
Replaces, in substance, Article 220 TEC. |
— |
the second subparagraph of paragraph 2 replaces, in substance, the first subparagraph of Article 221 TEC. |
-
The current Article 10 TEU amended the Treaty establishing the European Atomic Energy Community. Those amendments are incorporated into the Treaty of Lisbon. Article 10 is repealed and the number thereof is used to insert another provision.
-
Also replaces Articles 11 and 11a TEC.
-
The current Articles 27 A to 27 E, on enhanced cooperation, are also replaced by Articles 280 A to 280 I TFEU (renumbered 326 to 334).
-
The current provisions of Title VI of the TEU, on police and judicial cooperation in criminal matters, are replaced by the provisions of Chapters 1, 5 and 5 of Title IV of Part Three of the TFEU.
-
Replaced by Article 61 TFEU (renumbered 67).
-
Replaced by Articles 69 F and 69 G TFEU (renumbered 87 and 88).
-
Replaced by Articles 69 A, 69 B and 69 D TFEU (renumbered 82, 83 and 85).
-
Replaced by Article 69 H TFEU (renumbered 89).
-
Replaced by Article 61 E TFEU (renumbered 72).
-
Replaced by Article 61 D TFEU (renumbered 71).
-
The current Articles 40 to 40 B, on enhanced cooperation, are also replaced by Articles 280 A to 280 I TFEU (renumbered 326 to 334).
-
The current Articles 43 to 45 and Title VII of the TEU, on enhanced cooperation, are also replaced by Articles 280 A to 280 I TFEU (renumbered 326 to 334).
-
Replaced, in substance, by Article 2 TEU (renumbered 3).
-
Replaced, in substance, by Articles 2 B to 2 E TFEU (renumbered 3 to 6).
-
Replaced, in substance, by Article 3b TEU (renumbered 5).
-
Insertion of the operative part of the protocol on protection and welfare of animals.
-
Replaced, in substance, by Article 9 TEU (renumbered 13).
-
Replaced, in substance, by Article 9 TEU (renumbered 13) and Article 245a, paragraph 1, TFEU (renumbered 282).
-
Replaced, in substance, by Article 3a, paragraph 3, TEU (renumbered 4).
-
Also replaced by Article 10 TEU (renumbered 20).
-
Also replaces the current Article 29 TEU.
-
Also replaces the current Article 36 TEU.
-
Also replaces the current Article 33 TEU.
-
Points 1 and 2 of Article 63 EC are replaced by paragraphs 1 and 2 of Article 63 TFEU, and paragraph 2 of Article 64 is replaced by paragraph 3 of Article 63 TFEU.
-
Replaces the current Article 31 TEU.
-
Replaces the current Article 30 TEU.
-
Replaces the current Article 32 TEU.
-
Article 117a, paragraph 1, (renumbered 140) takes over the wording of paragraph 1 of Article 121.
-
Article 117a, paragraph 2, (renumbered 140) takes over the second sentence of paragraph 2 of Article 122.
-
Article 117a, paragraph 3, (renumbered 140) takes over paragraph 5 of Article 123.
-
Article 118a, paragraph 1, (renumbered 140) takes over paragraph 3 of Article 123.
-
Article 118a, paragraph 2, (renumbered 141) takes over the first five indents of paragraph 2 of Article 117.
-
Replaced, in substance, by the second sentence of the second subparagraph of paragraph 1 of Article 188 D TFUE.
-
The second sentence of the second subparagraph of paragraph 1 replaces, in substance, Article 178 TEC.
-
Replaced, in substance, by Article 9 A, paragraphs 1 and 2, TEU (renumbered 14).
-
Replaced, in substance, by Article 9 A, paragraphs 1 to 3, TEU (renumbered 14).
-
Replaced, in substance, by Article 8 A, paragraph 4, TEU (renumbered 11).
-
Replaced, in substance, by Article 9 A, paragraph 1, TEU (renumbered 14).
-
Replaced, in substance, by Article 9 A, paragraph 4, TEU (renumbered 14).
-
Replaced, in substance, by Article 9 C, paragraph 1, TEU (renumbered 16) and Articles 249 B and 249 C TFEU (renumbered 290 and 291).
-
Replaced, in substance, by Article 9 C, paragraphs 2 and 9 TEU (renumbered 16).
-
Replaced, in substance, by Article 9 C, paragraphs 4 and 5 TEU (renumbered 16).
-
Replaced, in substance, by Article 9 D, paragraph 1 TEU (renumbered 17).
-
Replaced, in substance, by Article 9 D, paragraphs 3 and 7 TEU (renumbered 17).
-
Replaced, in substance, by Article 9 D, paragraph 6, TEU (renumbered 17).
-
Replaced, in substance, by Article 252a TFEU (renumbered 295).
-
Replaced, in substance, by Article 9 F TEU (renumbered 19).
-
Replaced, in substance, by Article 9 F, paragraph 2, first subparagraph, of the TEU (renumbered 19).
-
The first sentence of the first subparagraph is replaced, in substance, by Article 9 F, paragraph 2, second subparagraph of the TEU (renumbered 19).
-
Replaces, in substance, the third indent of Articcle 202 TEC.
-
Replaced, in substance, by Article 256a, paragraph 2 of the TFEU (renumbered 300).
-
Replaced, in substance, by Article 256a, paragraph 4 of the TFEU (renumbered 300).
-
Replaced, in substance, by Article 256a, paragraphs 3 and 4, TFEU (renumbered 300).
-
Replaced, in substance, by Article 268, paragraph 4, TFEU (renumbered 310).
-
Also replaces the current Articles 27 A to 27 E, 40 to 40 B, and 43 to 45 TEU.
-
Replaced, in substance, by Article 49 C TEU (renumbered 52).
-
Replaced, in substance by Article 49 C TEU (renumbered 52).
-
Replaced, in substance by Article 49 B TEU (renumbered 51).
-
Replaced, in substance by Article 53 TEU (renumbered 55).
This page is also available in a full version containing de juridische context.
The full version is available for registered users of the EU Monitor by ANP and PDC Informatie Architectuur.
The EU Monitor enables its users to keep track of the European process of lawmaking, focusing on the relevant dossiers. It automatically signals developments in your chosen topics of interest. Apologies to unregistered users, we can no longer add new users.This service will discontinue in the near future.