#(Consolidated_versions of the_Treaties) (OJ_2008.05.09_C115)#
#Entry into force: 2009.12.01# #h0c1#
Official_Journal C_115 , 09/05/2008 P.0001_0388
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#h0c2#
(Consolidated_versions of (the Treaty_on_the_European_Union
and
the_Treaty_on_the_Functioning_of_the_European_Union))
(2008/C_115/01)
#h0c3#
Consolidated_versions of the Treaty_on_the_European_Union and the Treaty_on_the_Functioning_of_the_European_Union
-- Consolidated_version of the Treaty_on_the_European_Union
-- Consolidated_version of the Treaty_on_the_Functioning_of_the_European_Union
-- Protocols
-- Annexes
-- Declarations [annexed] to the Final_Act of (the Intergovernmental_Conference which [adopted] the Treaty_of_Lisbon)
-- Tables of equivalences
#h1c1#
▷(((1. HIS_MAJESTY_THE_KING_OF_THE_BELGIANS,
2. HER_MAJESTY_THE_QUEEN_OF_DENMARK,
3. THE PRESIDENT_OF_THE_FEDERAL_REPUBLIC_OF_GERMANY,
4. THE PRESIDENT_OF_IRELAND,
5. THE PRESIDENT_OF_THE_HELLENIC_REPUBLIC,
6. HIS_MAJESTY_THE_KING_OF_SPAIN,
7. THE PRESIDENT_OF_THE_FRENCH_REPUBLIC,
8. THE PRESIDENT_OF_THE_ITALIAN_REPUBLIC,
9. HIS_ROYAL_HIGHNESS_THE_GRAND_DUKE_OF_LUXEMBOURG,
10. HER_MAJESTY_THE_QUEEN_OF_THE_NETHERLANDS,
11. THE PRESIDENT_OF_THE_PORTUGUESE_REPUBLIC,
12. HER_MAJESTY_THE_QUEEN_OF_THE_UNITED_KINGDOM_OF_GREAT_BRITAIN_AND_NORTHERN_IRELAND),
{teu2009n1}
([RESOLVED] (to [mark] a new_stage in ((the process of European_integration) [undertaken] (with (the establishment of the European_Communities))))),
([DRAWING INSPIRATION] from (the cultural, religious and humanist inheritance) of Europe, (from which{inheritance} [have_developed] the universal_values of (the inviolable and inalienable)_rights of the human_person, freedom, democracy, equality and the rule_of_law)),
([RECALLING] the historic_importance of the ending of the division of the European_continent and the need to create firm_bases for the construction of the future_Europe),
(CONFIRMING their_attachment to the principles of (liberty, democracy and respect for human_rights and fundamental_freedoms and of the rule_of_law)),
CONFIRMING their_attachment to fundamental_social_rights as [defined] in the European_Social_Charter signed at Turin on 18_October_1961 and in the 1989 Community_Charter_of_the_Fundamental_Social_Rights_of_Workers,
(DESIRING to [deepen] the solidarity between their_peoples while respecting (their_history, their_culture and their_traditions)),
(DESIRING to enhance further the (democratic and efficient)_functioning_of_the_institutions so_as to enable them better to carry_out, within a single institutional_framework, the tasks entrusted to them),
(RESOLVED to [achieve] the strengthening and the convergence of their_economies and to [establish] an_economic_and_monetary_union including, in_accordance_with the provisions of this_Treaty and of the Treaty_on_the_Functioning_of_the_European_Union, a single and stable currency),
DETERMINED to [promote] (economic and social)_progress for their_peoples, taking_into_account the principle_of_sustainable_development and within the context of the accomplishment of the internal_market and of reinforced cohesion and environmental_protection, and to [implement] policies ensuring that advances in economic_integration [are_accompanied] by parallel_progress in other_fields,
(RESOLVED (to [establish] (a citizenship common to nationals of their_countries))),
RESOLVED to implement a common_foreign_and_security_policy including the progressive framing of a common_defence_policy, which might_lead to a common_defence in_accordance_with the provisions of Article_42, thereby reinforcing the European identity and its_independence in_order to [promote] peace, security and progress in Europe and in the world,
RESOLVED to facilitate the free_movement_of_persons, while ensuring the safety and security of their_peoples, by establishing an_area of freedom_security_and_justice, in_accordance_with the provisions of this_Treaty and of the Treaty_on_the_Functioning_of_the_European_Union,
(RESOLVED to [continue] (the process of (creating an_ever_closer_union (among the peoples of Europe), in which{union} decisions [are_taken] (as closely as possible) to the citizen in_accordance_with the principle_of_subsidiarity))),
(IN VIEW of further_steps to be_taken in_order to advance European_integration)),
[HAVE_DECIDED] ((to [establish] a European_Union) and ((to this_end) [have_designated] (as their_Plenipotentiaries:
(List of plenipotentiaries not_reproduced)
((WHO{plenipotentiaries}, [having exchanged] their_full_powers, found in good and due form), [have_agreed] (as follows:))))))
#h2.1c1#
▷((By this_Treaty), (the HIGH_CONTRACTING_PARTIES) [establish] (among themselves) (a EUROPEAN_UNION, (hereinafter [called] ("the_Union")) ((on which) the Member_States [confer{απονέμουν}] (competences) (to [attain] (objectives ((they) [have] (in common))))))). #h2.2.1c1#
▷((This_Treaty) [marks] (a new_stage) (in ((the process) (of [creating] (an_ever_closer_union) (among the peoples of Europe))), ((in which) (decisions) [are_taken] (((as openly as possible) and ((as closely as possible))) (to the citizen))))). #h2.2.1c2#
▷(The_Union [shall be_founded] (on (((the present_Treaty) and (on the Treaty_on_the_Functioning_of_the_European_Union)) (hereinafter [referred_to] as "the_Treaties")))).
▷(Those{above}_two_Treaties [shall have] the same_legal_value).
▷(The_Union [shall replace and succeed] the European_Community).
#h2.2.1c3#
▷(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{above}_values [are_common] (to the Member_States) (in a society in which{society} (pluralism, non_discrimination, tolerance, justice, solidarity and equality_between_women_and_men) [prevail])).
#h2.2.2c1#
1. ▷((The_Union's_aim) [is] (to [promote] (peace, its{U}_values and (the well_being of its{U}_peoples)))). #h2.2.3c1#
2. ▷(The_Union [shall offer] (its_citizens) (an_area of freedom_security_and_justice without internal_frontiers, in which the free_movement_of_persons is_ensured in conjunction_with appropriate_measures with_respect_to external_border_controls, asylum, immigration and the prevention and combating of crime). #h2.2.3c2#
3. ▷(The_Union [shall establish] an_internal_market).
▷(It{U} [shall work] (for (((the sustainable_development of Europe) [based] on balanced_economic_growth and price_stability), (a highly_competitive social_market_economy, aiming at full_employment and social_progress), (and a high_level of protection and improvement of the quality_of_the_environment)))).
▷(It{U} [shall promote] ((scientific and (technological)) advance)).
▷(It{U} [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{U} [shall promote] ((economic, social and territorial cohesion), and (solidarity among Member_States)).
▷(It{U} (([shall respect] (its_rich_(cultural and linguistic)_diversity)), and ([shall ensure] that (Europe's_cultural_heritage [is_safeguarded and enhanced])))).
#h2.2.3c3#
4. ▷(The_Union [shall establish] (an_economic_and_monetary_union (whose_currency [is] the euro)). #h2.2.3c4#
5. ▷((In its{U}_relations with the wider_world), the_Union (([shall uphold and promote] (its{U}_values and interests)) and ([contribute] (to the protection of its{U}_citizens))))).
▷(It [shall contribute] (to peace, security, the sustainable_development of the Earth, solidarity and mutual respect among peoples, free and fair trade, eradication of poverty and the protection of human_rights, (in particular) the rights of the child, as_well_as to the strict_observance and the development of international_law, including respect for the principles of the United_Nations_Charter).
#h2.2.3c5#
6. ▷(The_Union [shall pursue] (its{U}_objectives) (by appropriate_means ((commensurate with) the competences (which{competences} are conferred upon it in the_Treaties)))). #h2.2.3c6#
1. ▷(In accordance_with Article_5), ((competences) [not_conferred] (upon the_Union) (in the_Treaties)) [remain] (with the Member_States). #h2.2.4c1#
2. ▷(The_Union [shall respect] ((the equality of Member_States before the_Treaties) (as_well_as their_national_identities, inherent in their_fundamental_structures, political and constitutional, inclusive of regional and local self_government)).
▷(It [shall respect] (their_essential_State_Functions, including (ensuring the territorial_integrity of the State), (maintaining law_and_order) and (safeguarding national_security)).
▷(In particular, national_security [remains] the sole responsibility of each_Member_State).
#h2.2.4c2#
3. ▷(Pursuant to the principle_of_sincere_cooperation), (the_Union and the Member_States) [shall, in full_mutual_respect, assist] (each_other) (in carrying_out (tasks which flow from the_Treaties)).
▷(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)))).
#h2.2.4c3#
1. ▷((The limits of Union_competences) [are_governed] (by the principle_of_conferral)).
▷((The use of Union_competences) [is_governed] (by the principles_of_subsidiarity_and_proportionality)).
#h2.2.5c1#
2. ▷(Under the principle_of_conferral), the_Union [shall act] ((only) (within the limits of the competences conferred upon it by the Member_States in the_Treaties)) (to attain the objectives set_out therein).
▷(Competences not_conferred upon the_Union in the_Treaties) [remain] (with the Member_States).
#h2.2.5c2#
3. ▷((Under the principle_of_subsidiarity), (in areas which do_not_fall within its_exclusive_competence), the_Union [shall act] only if and in_so_far_as the objectives_of_the_proposed_action [cannot_be sufficiently achieved] by the Member_States, either (at central_level) or (at (regional and local)_level), but [can (rather, by reason of (the scale or (effects of the proposed_action))), be better achieved] at Union_level).
▷(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).
#h2.2.5c3#
4. ▷((Under the principle_of_proportionality), ((the content and form) of Union_action) [shall not_exceed] ((what{entity} [is] necessary) to ([achieve] the objectives_of_the_Treaties))).
▷(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).
#h2.2.5c4#
1. ▷(The_Union [recognises] ((the rights, freedoms and principles) [set_out] (in the Charter_of_Fundamental_Rights_of_the_European_Union of 7_December_2000, as [adapted] at Strasbourg, on 12_December_2007, (which [shall have] the same_legal_value as the_Treaties))).
▷((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))).
#h2.2.6c1#
2. ▷(The_Union [shall accede] to the European_Convention_for_the_Protection_of_Human_Rights_and_Fundamental_Freedoms).
▷(Such_accession [shall not_affect] the_Union's_competences as [defined] in the_Treaties).
#h2.2.6c2#
3. ▷(Fundamental_rights, (as [guaranteed] by the European_Convention_for_the_Protection_of_Human_Rights_and_Fundamental_Freedoms) and (as they [result] from the constitutional_traditions common to the Member_States)), [shall constitute] (general_principles_of_the_Union's_law). #h2.2.6c3#
1. ▷(On a reasoned_proposal by one_third_of the Member_States, by the European_Parliament or by the European_Commission, (the Council, [acting] by a majority of four_fifths of its{Cn}_members after (obtaining the consent of the European_Parliament)), [may determine] that there_is a clear_risk of a serious_breach by a Member_State of the values [referred_to] in Article_2).
▷(Before (making such_a_determination), the Council (([shall hear] (the Member_State in question)) and ([may address] recommendations to it)), ([acting] in_accordance_with the same_procedure)).
▷(The Council [shall regularly verify] (that (the grounds (on which{grounds} such{above}_a_determination [was_made])) continue_to_apply)).
#h2.2.7c1#
2. ▷((The European_Council, ([acting] (by unanimity) (on a proposal by one_third_of the Member_States or by the Commission)) and (after obtaining the consent of the European_Parliament)), [may determine] the existence of (a serious and persistent)_breach by a Member_State of the values [referred_to] in Article_2, after inviting the Member_State in question to submit its_observations). #h2.2.7c2#
3. ▷(Where a determination under paragraph_2 [has_been_made]), the Council, ([acting] by a qualified_majority), [may decide] to [suspend] (certain of the rights) deriving from the application of the_Treaties to (the Member_State in question), including the voting_rights of the representative of the government of that_Member_State in the Council).
▷((In doing so), the Council [shall take_into_account] the possible_consequences of such_a_suspension on (the rights and obligations of natural_and_legal_persons).
▷(The obligations of the Member_State in question under this{teu}_Treaty [shall in any_case continue_to_be_binding] on that{inq}_State).
#h2.2.7c3#
4. ▷(The Council, ([acting] (by a qualified_majority)), [may decide] subsequently (to [vary or revoke] (measures [taken] under paragraph_3 in response to changes in (the situation which led to their being_imposed)))). #h2.2.7c4#
5. ▷((The voting_arrangements ([applying] to the European_Parliament, the European_Council and the Council) (for (the purposes of this_Article))) [are_laid_down] in Article_354_of_the_Treaty_on_the_Functioning_of_the_European_Union). #h2.2.7c5#
1. ▷(The_Union [shall develop] (a special_relationship with neighbouring_countries, aiming to establish an_area of prosperity and good neighbourliness, founded on the values_of_the_Union and characterised by ((close and peaceful)_relations [based] on cooperation))). #h2.2.8c1#
2. ▷((For the purposes of paragraph_1), the_Union [may conclude] (specific_agreements) (with the countries_concerned).
▷(These_agreements) [may contain] (reciprocal_rights_and_obligations as_well_as the possibility of undertaking activities jointly)).
▷(Their{aggrements}_implementation) [shall be] (the subject of periodic_consultation).
#h2.2.8c2#
▷((In all_its_activities), the_Union [shall observe] (the principle of (the equality of (its{U}_citizens, who{citizens} [shall receive] equal_attention from its{U}_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). #h2.3.1c1#
1. ▷((The functioning_of_the_Union) [shall be_founded] (on representative_democracy)). #h2.3.2c1#
2. ▷(Citizens) [are directly represented] (at Union_level) (in the European_Parliament).
▷(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).
#h2.3.2c2#
3. ▷(Every_citizen [shall have] (the right (to [participate] in the democratic_life_of_the_Union))).
▷(Decisions shall be_taken as openly and (as closely as possible) to the citizen).
#h2.3.2c3#
4. ▷(Political_parties at European_level [contribute] ((to forming European political awareness) and (to expressing the will of citizens_of_the_Union))). #h2.3.2c4#
1. ▷(The institutions [shall, (by appropriate_means), give] ((citizens and representative)_associations) (the opportunity to make_known and publicly [exchange] their_views (in all_areas of Union_action)). #h2.3.3c1#
2. ▷(The institutions [shall maintain] (an_open, transparent and regular dialogue) (with representative_associations and civil_society)). #h2.3.3c2#
3. ▷((The European_Commission) [shall carry_out] broad_consultations (with parties_concerned) (in_order to [ensure] (that (the_Union's_actions) are (coherent and transparent))). #h2.3.3c3#
4. ▷(((Not_less than one_million) citizens) (who [are] nationals of a significant_number of Member_States)) [may take] (the initiative (of inviting (the European_Commission), (within the framework of its_powers), (to [submit] (any_appropriate_proposal) (on matters (where (citizens) [consider] (that (a legal_act_of_the_Union) [is_required] (for the purpose) (of [implementing] the_Treaties))))))).
▷(((The procedures and conditions) [required] for such_a_citizens'_initiative) [shall be_determined] (in_accordance_with the first_paragraph of Article_24_of_the_Treaty_on_the_Functioning_of_the_European_Union)).
#h2.3.3c4#
▷((National_Parliaments) [contribute] (actively) (to the good_functioning_of_the_Union):
(a) (through (([being_informed] by the institutions_of_the_Union) and ([having draft_legislative_acts_of_the_Union forwarded] to them (in_accordance_with the Protocol_on_the_role of national_Parliaments in the European_Union))));
(b) (by seeing to it that the principle_of_subsidiarity is_respected in_accordance_with the procedures [provided_for] in the Protocol_on_the_application of the principles_of_subsidiarity_and_proportionality);
(c) (by [taking_part], within the framework of the area of freedom_security_and_justice, in the evaluation_mechanisms for the implementation_of_the_Union_policies in that_area, in_accordance_with Article_70_of_the_Treaty_on_the_Functioning_of_the_European_Union, and through [being_involved] in the political monitoring of Europol and the evaluation of Eurojust's_activities in_accordance_with Articles 88 and 85 of that_Treaty);
(d) (by taking_part in (the revision_procedures of the_Treaties), in_accordance_with Article_48 of this_Treaty);
(e) (by [being_notified] of applications for accession to the_Union, in_accordance_with Article_49 of this{teu}_Treaty);
(f) (by taking_part in the inter_parliamentary_cooperation between national_Parliaments and with the European_Parliament, in_accordance_with the Protocol_on_the_role of national_Parliaments in the European_Union)).
#h2.3.4c1#
1. ▷(The_Union [shall have] (an_institutional_framework (which [shall aim] to [promote] its_values, [advance] its_objectives, [serve] its_(interests, (those{interests} of its_citizens and those{interests} of the Member_States)), and [ensure] ((the consistency, effectiveness and continuity) of its_(policies and actions)))).
▷((The_Union's_institutions) [shall be]:
-- the European_Parliament,
-- the European_Council,
-- the Council,
-- the European_Commission (hereinafter [referred_to] (as "the_Commission")),
-- the Court_of_Justice_of_the_European_Union,
-- the European_Central_Bank,
-- the Court_of_Auditors).
#h2.4.1c1#
2. ▷(Each_institution [shall act] ((within the limits of the powers [conferred] on (it{institution}) in the_Treaties), and (in conformity with (the procedures, conditions and objectives) [set_out] in (them{Treaties}))).
▷(The institutions [shall practice] mutual sincere cooperation).
#h2.4.1c2#
3. ▷(The provisions relating to the European_Central_Bank and the Court_of_Auditors and detailed_provisions on the other_institutions [are_set_out] in the Treaty_on_the_Functioning_of_the_European_Union). #h2.4.1c3#
4. ▷(The European_Parliament, the Council and the Commission) [shall be_assisted] (by an_Economic_and_Social_Committee and a Committee_of_the_Regions [acting] in an_advisory_capacity). #h2.4.1c4#
1. ▷(The European_Parliament [shall, jointly with the Council, exercise] ((legislative and budgetary)_functions).
▷(It{EP}) [shall exercise] functions of ((political_control and consultation) as ([laid_down] in the_Treaties))).
▷(It [shall elect] the President_of_the_Commission).
#h2.4.2c1#
2. ▷(The European_Parliament) [shall be_composed] (of representatives_of_the_Union's_citizens).
▷(They [shall not_exceed] seven_hundred and fifty in number, plus the President).
▷(Representation of citizens shall be degressively proportional, with a minimum threshold of six_members per Member_State).
▷(No_Member_State) [shall be_allocated] (more than ninety_six_seats).
▷(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).
#h2.4.2c2#
3. ▷(The members of the European_Parliament shall be_elected for a term of five_years by direct_universal_suffrage in a free and secret ballot). #h2.4.2c3#
4. ▷(The European_Parliament [shall elect] (its_President and its_officers) from among its_members). #h2.4.2c4#
1. ▷(The European_Council (([shall provide] the_Union with the necessary_impetus for its_development) and ([shall define] the general_political_directions and priorities thereof))).
▷(It shall not_exercise legislative functions).
#h2.4.3c1#
2. ▷(The European_Council shall consist of the Heads_of_State_or_Government of the Member_States, (together with) its_President and the President_of_the_Commission).
▷(The High_Representative_of_the_Union_for_Foreign_Affairs_and_Security_Policy [shall take_part] in its_work).
#h2.4.3c2#
3. ▷(The European_Council [shall meet] (twice) (every_six_months), (convened by its_President)).
▷((When the agenda so requires), (the members of the European_Council) may decide each to be_assisted by a minister and, in the case of the President_of_the_Commission, by a member_of_the_Commission).
▷((When the situation so requires), the President [shall convene] a special_meeting of the European_Council).
#h2.4.3c3#
4. ▷((Except where{case} (the_Treaties [provide] otherwise)), (decisions of the European_Council) [shall be_taken] (by consensus)). #h2.4.3c4#
5. ▷(The European_Council [shall elect] its{ECn}_President, by a qualified_majority, for a term of two_and_a_half_years, renewable once).
▷((In the event of (an_impediment or serious misconduct)), the European_Council [can end] (the President's_term_of_office) (in_accordance_with the same_procedure)).
#h2.4.3c5#
6. ▷(The President_of_the_European_Council:
(a) (shall chair it and [drive_forward] its_work);
(b) (shall ensure the preparation and continuity of the work of the European_Council in cooperation with the President_of_the_Commission, and on the basis of the work of the General_Affairs_Council);
(c) (shall endeavour to facilitate cohesion and consensus within the European_Council);
(d) ([shall present] a report to the European_Parliament after (each of the meetings of the European_Council))).
▷(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).
#h2.4.3c6#
1. ▷(The Council [shall, jointly with the European_Parliament, exercise] (legislative and budgetary)_functions).
▷(It{Cn} [shall carry_out] (policy_making and coordinating)_functions (as [laid_down] in the_Treaties)).
#h2.4.4c1#
2. ▷(The Council shall consist of a representative of each_Member_State at ministerial level, who [may commit] the government of the Member_State in question and cast its_vote). #h2.4.4c2#
3. ▷((The Council) [shall act] (by a qualified_majority) (except where{area} the_Treaties [provide] otherwise)). #h2.4.4c3#
4. ▷(As_from 1_November_2014, (a qualified_majority) [shall be_defined] as (at least) 55 % of the members_of_the_Council, (([comprising] (at least fifteen of them)) and ([representing] (Member_States comprising (at least) 65 % of the population_of_the_Union))).
▷((A blocking_minority [must include] (at least) four_Council_members), (failing which{4 member} the qualified_majority [shall be_deemed] attained)).
▷((The other_arrangements [governing] the qualified_majority) [are_laid_down] in Article_238.2_of_the_Treaty_on_the_Functioning_of_the_European_Union).
#h2.4.4c4#
5. ▷(The transitional_provisions relating to the definition of the qualified_majority which [shall be_applicable] (until 31_October_2014) and those which [shall be_applicable] (from 1_November_2014 to 31_March_2017) [are_laid_down] in the Protocol_on_transitional_provisions). #h2.4.4c5#
6. ▷(The Council) [shall meet] in different_configurations, (the list of which) [shall be_adopted] in_accordance_with Article_236_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))).
#h2.4.4c6#
7. ▷(A Committee of Permanent_Representatives_of_the_Governments of the Member_States [shall be_responsible] for preparing the work of the Council). #h2.4.4c7#
8. ▷(The Council [shall meet] in public when it deliberates and votes on a draft_legislative_act).
▷(To this_end, each_Council_meeting [shall be_divided] into two_parts, dealing respectively with deliberations on Union_legislative_acts and non_legislative_activities).
#h2.4.4c8#
9. ▷(The Presidency of Council_configurations, other than (that) of Foreign_Affairs, shall be_held by Member_State representatives in the Council on the basis of equal rotation, in_accordance_with the conditions [established] in_accordance_with Article_236_of_the_Treaty_on_the_Functioning_of_the_European_Union). #h2.4.4c9#
1. ▷(The Commission [shall promote] the general_interest_of_the_Union and [take] appropriate_initiatives to that{interest}_end).
▷(It{Cm} [shall ensure] the application of the_Treaties, and of measures adopted by the institutions pursuant_to them.
▷(It{Cm} [shall oversee] the application of Union_law under the control of the Court_of_Justice_of_the_European_Union).
▷(It{Cm} (([shall execute] the budget) and ([manage] programmes))).
▷(It{Cm} shall exercise coordinating, executive and management functions, as [laid_down] in the_Treaties).
▷(With the exception of the common_foreign_and_security_policy, and other_cases [provided_for] in the_Treaties, (it{Cm}) [shall ensure] the_Union's_external representation).
▷(It{Cm} [shall initiate] (the_Union's_(annual and multiannual)_programming) with a view to achieving interinstitutional_agreements).
#h2.4.5c1#
2. ▷((Union_legislative_acts) [may only be_adopted] on the basis of a Commission_proposal, except where{area} the_Treaties provide otherwise).
▷(Other_acts{than legislative} [shall be_adopted] on the basis of a Commission_proposal (where{area} the_Treaties so{adopted from a ComProposal} provide)).
#h2.4.5c2#
3. ▷((The Commission's_term_of_office) [shall be] (five_years)).
▷(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_18.2, 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).
#h2.4.5c3#
4. ▷(The Commission appointed between the date of entry_into_force of the Treaty_of_Lisbon and 31_October_2014), [shall consist] of one_national of each_Member_State, including its_President and the High_Representative_of_the_Union_for_Foreign_Affairs_and_Security_Policy who shall be one of its_Vice_Presidents). #h2.4.5c4#
5. ▷(As_from 1_November_2014, the Commission [shall consist] of a number of members, including its_President and the High_Representative_of_the_Union_for_Foreign_Affairs_and_Security_Policy, corresponding to two_thirds of the number of Member_States, (unless the European_Council, [acting] unanimously, decides to alter this_number).
▷(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_244_of_the_Treaty_on_the_Functioning_of_the_European_Union).
#h2.4.5c5#
6. ▷(The President_of_the_Commission ([shall]:
(a) ([lay_down] (guidelines ((within which{guidelines}) the Commission [is] (to [work]))));
(b) (decide on the internal organisation of the Commission, ensuring that it [acts] consistently, efficiently and as a collegiate_body);
(c) (appoint Vice_Presidents, other than the High_Representative_of_the_Union_for_Foreign_Affairs_and_Security_Policy, from among the members_of_the_Commission))).
▷((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_18.1, if the President so requests).
#h2.4.5c6#
7. ▷((Taking_into_account the elections to the European_Parliament and after (having_held the appropriate_consultations)), (the European_Council, [acting] by a qualified_majority), [shall propose] to the European_Parliament a candidate for President of the Commission).
▷(This_candidate shall be_elected by the European_Parliament by a majority_of_its_component_members).
▷(If (he) does_not_obtain the required_majority, the European_Council, [acting] by a qualified_majority, shall within one_month propose a new_candidate who shall be_elected by the European_Parliament following the same_procedure).
▷(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{persons}) (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).
#h2.4.5c7#
8. ▷(The Commission, as a body, [shall be_responsible] to the European_Parliament).
▷(In accordance_with Article_234_of_the_Treaty_on_the_Functioning_of_the_European_Union, the European_Parliament [may vote] on a motion_of_censure of the Commission).
▷(If such_a_motion is_carried, 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 the duties that (he) carries_out in the Commission).
#h2.4.5c8#
1. ▷(The European_Council, [acting] by a qualified_majority, with the agreement of the President_of_the_Commission, shall appoint the High_Representative_of_the_Union_for_Foreign_Affairs_and_Security_Policy).
▷(The European_Council may end his_term_of_office by the same_procedure).
#h2.4.6c1#
2. ▷(The High_Representative [shall conduct] the_Union's_common_foreign_and_security_policy).
▷(He{HR} [shall contribute] by his_proposals to the development of that_policy, (which{policy} (he{HR}) [shall carry_out] as mandated by the Council)).
▷(The same [shall apply] to the common_security_and_defence_policy).
#h2.4.6c2#
3. ▷(The High_Representative [shall preside] over the Foreign_Affairs_Council). #h2.4.6c3#
4. ▷(The High_Representative [shall be] one of the Vice_Presidents of the Commission).
▷(He [shall ensure] the consistency_of_the_Union's_external_action).
▷(He [shall be_responsible] within the Commission for responsibilities incumbent on it in external_relations and for coordinating other_aspects_of_the_Union's_external_action).
▷(In exercising these responsibilities within the Commission, and only for these responsibilities, the High_Representative [shall be_bound] by Commission_procedures to the extent that this is_consistent with paragraphs 2 and 3).
#h2.4.6c4#
1. ▷(The Court_of_Justice_of_the_European_Union [shall include] the Court_of_Justice, the General_Court and specialised_courts).
▷(It{CoJ}) [shall ensure] (that in (the interpretation and application) of the_Treaties (the law) [is_observed])).
▷(Member_States shall provide remedies sufficient to [ensure] effective_legal_protection in the fields covered by Union_law).
#h2.4.7c1#
2. ▷(The Court_of_Justice shall consist of one_judge from each_Member_State).
▷(It shall be_assisted by Advocates_General).
▷(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_253_and_254_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]).
#h2.4.7c2#
3. ▷(The Court_of_Justice_of_the_European_Union shall, in_accordance_with the_Treaties:
(a) rule on (actions [brought] (by (a Member_State, an_institution or a natural_or_legal_person)));
(b) give preliminary_rulings, at the request of courts or tribunals of the Member_States, on the interpretation of Union_law or the validity of acts [adopted] by the institutions;
(c) rule in other_cases [provided_for] in the_Treaties).
#h2.4.7c3#
1. ▷((Member_States (which{MS} [wish to establish] enhanced_cooperation between themselves (within the framework_of_the_Union's_non_exclusive_competences))) [may make_use] of its_institutions and [exercise] those_competences by applying the relevant_provisions of the_Treaties, subject to the limits and in_accordance_with the detailed_arrangements [laid_down] in this_Article and in Articles 326 to 334 of the Treaty_on_the_Functioning_of_the_European_Union).
▷(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_328_of_the_Treaty_on_the_Functioning_of_the_European_Union).
#h2.5.1c1#
2. ▷(The decision authorising enhanced_cooperation [shall be_adopted] by the Council as a last resort, when it has_established that the objectives of such_cooperation [cannot_be_attained] within a reasonable_period by the_Union as a whole, and provided that (at least) nine Member_States participate in it).
▷(The Council [shall act] in_accordance_with the procedure [laid_down] in Article_329_of_the_Treaty_on_the_Functioning_of_the_European_Union).
#h2.5.1c2#
3. ▷((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).
▷(The voting_rules [are_set_out] in Article_330_of_the_Treaty_on_the_Functioning_of_the_European_Union).
#h2.5.1c3#
4. ▷((Acts [adopted] in the framework of enhanced_cooperation) [shall bind] only participating_Member_States).
▷((They [shall not_be_regarded] as part of the acquis (which has_to_be_accepted by candidate_States for accession to the_Union)).
#h2.5.1c4#
1. ▷((The_Union's_action (on the international_scene)) [shall be_guided] (by the principles ((which{principles}) have_inspired its_own creation, development and enlargement), and (which it seeks to advance in the wider_world): (democracy), (the rule_of_law), (the universality and indivisibility (of human_rights and fundamental_freedoms)), (respect_for_human_dignity), (the principles of equality and solidarity), and (respect for the principles (of the United_Nations_Charter and international_law)))).
▷(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).
#h2.6.1.1c1#
2. ▷(The_Union [shall define and pursue] common_policies_and_actions, and [shall work] for a high degree of cooperation in all_fields of international_relations, in_order to:
(a) [safeguard] its_values, fundamental_interests, security, independence and integrity;
(b) [consolidate and support] democracy, the rule_of_law, human_rights and the principles of international_law;
(c) [preserve] peace, [prevent] conflicts and [strengthen] international_security, in_accordance_with the purposes and principles of the United_Nations_Charter, with the principles of the Helsinki_Final_Act and with the aims of the Charter_of_Paris, including those relating to external_borders;
(d) [foster] the sustainable economic, social and environmental development of developing_countries, with the primary_aim of eradicating poverty;
(e) [encourage] the integration of all_countries into the world_economy, including through the progressive abolition of restrictions on international_trade;
(f) [help] develop international_measures to preserve and improve the quality_of_the_environment and the sustainable management of global natural_resources, in_order to ensure sustainable_development;
(g) [assist] populations, countries and regions confronting natural or man_made disasters; and
(h) ([promote] an_international_system ([based] on (stronger_multilateral_cooperation and good_global_governance)))).
#h2.6.1.1c2#
3. ▷(The_Union [shall respect] the principles and pursue the objectives [set_out] in paragraphs 1 and 2 in the development and [implementation] of the different_areas_of_the_Union's_external_action [covered] by this_Title and by Part_Five of the Treaty_on_the_Functioning_of_the_European_Union, and of the external aspects of its_other_policies).
▷(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)).
#h2.6.1.1c3#
1. ▷(On the basis of the principles_and_objectives [set_out] in Article_21, the European_Council shall identify the strategic_interests and objectives_of_the_Union).
▷((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{above}_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).
#h2.6.1.2c1#
2. ▷(The High_Representative_of_the_Union_for_Foreign_Affairs_and_Security_Policy, for the area of common_foreign_and_security_policy, and the Commission, for other_areas of external_action, [may submit] joint proposals to the Council). #h2.6.1.2c2#
▷(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)). #h2.6.2.1.1c1#
1. ▷(The_Union's_competence in matters of common_foreign_and_security_policy [shall cover] all_areas of foreign policy and all_questions relating to the_Union's_security, including the progressive framing of a common_defence_policy that might_lead to a common_defence).
▷(The common_foreign_and_security_policy [is_subject] to specific_(rules and procedures)).
▷(It{cfspolicy} [shall be_defined and implemented] by the European_Council and the Council [acting] unanimously, except where{area} the_Treaties provide otherwise).
▷((The adoption of legislative_acts) [shall be_excluded]).
▷(The common_foreign_and_security_policy [shall be_put] into effect by the High_Representative_of_the_Union_for_Foreign_Affairs_and_Security_Policy and by Member_States, in_accordance_with the_Treaties).
▷((The specific_role of the European_Parliament and of the Commission in this_area) [is_defined] by the_Treaties).
▷(The Court_of_Justice_of_the_European_Union [shall not_have_jurisdiction] with_respect_to these_provisions, with the exception of its_jurisdiction to [monitor] compliance with (Article_40 of this_Treaty) and to [review] the legality of certain decisions as provided_for by the second_paragraph of Article_275_of_the_Treaty_on_the_Functioning_of_the_European_Union).
#h2.6.2.1.2c1#
2. ▷(Within the framework of the principles_and_objectives of its_external_action, the_Union [shall conduct, define and implement] a common_foreign_and_security_policy, based on the development of mutual political solidarity among Member_States, the identification of questions of general_interest and the achievement of an_ever_increasing_degree of convergence of Member_States'actions). #h2.6.2.1.2c2#
3. ▷(The Member_States ([shall support] (the_Union's_external_and_security_policy) (actively and unreservedly) (in a spirit of loyalty and mutual_solidarity)) and ([shall comply] with the_Union's_action in this_area)).
▷(The Member_States [shall work] together (to [enhance and develop] their{MS}_mutual_political_solidarity)).
▷(They [shall refrain] from any_action which is_contrary to the interests_of_the_Union or likely to impair its_effectiveness as a cohesive_force in international_relations).
▷((The Council and the High_Representative) [shall ensure] (compliance with these_principles)).
#h2.6.2.1.2c3#
▷(The_Union [shall conduct] (the common_foreign_and_security_policy) by:
(a) [defining] the general_guidelines;
(b) [adopting] decisions defining:
(i) (actions) (to [be_undertaken] (by the_Union));
(ii) positions to be_taken by the_Union;
(iii) arrangements for the implementation of the decisions [referred_to] in points (i) and (ii);
and by
(c) [strengthening] systematic_cooperation between Member_States in the conduct of policy).
#h2.6.2.1.3c1#
1. ▷((The European_Council) [shall identify] the_Union's_strategic_interests, [determine] the objectives of and [define] general_guidelines for the common_foreign_and_security_policy, including for matters with defence_implications).
▷(It{ECn}) [shall adopt] the necessary_decisions).
▷(If international developments so require, the President_of_the_European_Council [shall convene] an_extraordinary meeting of the European_Council in_order to define the strategic_lines_of_the_Union's_policy in the face of such_developments).
#h2.6.2.1.4c1#
2. ▷(The Council [shall frame] the common_foreign_and_security_policy and [take] the decisions necessary for (defining and implementing) it on the basis of the general_guidelines and strategic_lines defined by the European_Council).
▷(The Council and the High_Representative_of_the_Union_for_Foreign_Affairs_and_Security_Policy [shall ensure] the unity, consistency and effectiveness of action_by_the_Union).
#h2.6.2.1.4c2#
3. ▷(The common_foreign_and_security_policy [shall be_put] into effect by the High_Representative and by the Member_States, using national and Union resources). #h2.6.2.1.4c3#
1. ▷(The High_Representative_of_the_Union_for_Foreign_Affairs_and_Security_Policy, who [shall chair] the Foreign_Affairs_Council, shall contribute through his_proposals towards the preparation of the common_foreign_and_security_policy and shall ensure implementation of the decisions adopted by the European_Council and the Council). #h2.6.2.1.5c1#
2. ▷(The High_Representative [shall represent] the_Union for matters relating to the common_foreign_and_security_policy).
▷(He{HR} [shall conduct] political_dialogue with third_parties on the_Union's_behalf and shall express the_Union's_position in international_organisations and at international_conferences).
#h2.6.2.1.5c2#
3. ▷((In [fulfilling] his_mandate), the High_Representative [shall be_assisted] by a European_External_Action_Service).
▷(This_service [shall work] in cooperation with the diplomatic services of the Member_States and shall comprise officials from relevant departments of the General_Secretariat_of_the_Council and of the Commission as_well_as staff seconded from national diplomatic services of the Member_States).
▷(The organisation and functioning of the European_External_Action_Service [shall be_established] by a decision of the Council).
▷(The Council [shall act] on a proposal from the High_Representative after (consulting the European_Parliament) and after obtaining the consent of the Commission).
#h2.6.2.1.5c3#
1. ▷((Where the international_situation [requires] operational_action_by_the_Union), the Council [shall adopt] the necessary_decisions).
▷((They{decisions}) [shall lay_down] their_objectives, scope, the means to be_made available to the_Union, if necessary their{d}_duration, and the conditions for their{d}_implementation).
▷((If [there_is] a change in circumstances having a substantial_effect on a question (subject to such_a_decision)), the Council (([shall review] (the principles_and_objectives of that_decision)) and ([take] the necessary_decisions))).
#h2.6.2.1.6c1#
2. ▷(Decisions [referred_to] in paragraph_1 [shall commit] the Member_States in the positions they adopt and in the conduct of their_activity). #h2.6.2.1.6c2#
3. ▷((Whenever there_is any_plan to adopt a national_position or take national_action pursuant_to a decision as [referred_to] in paragraph_1), information [shall be_provided] (by the Member_State_concerned) in time (to allow, if necessary, for prior consultations within the Council)).
▷(The obligation to provide prior information [shall not_apply] to measures which are merely a national transposition of Council_decisions).
#h2.6.2.1.6c3#
4. ▷((In cases of imperative_need arising from changes in the situation and failing a review of the Council_decision as [referred_to] in paragraph_1), (Member_States) may take the necessary_measures as a matter of urgency having regard to the general_objectives of that_decision).
▷(The Member_State_concerned [shall inform] the Council immediately of any_such_measures).
#h2.6.2.1.6c4#
5. ▷(Should [there_be] any_major_difficulties in ([implementing] a decision as [referred_to] in this_Article), a Member_State [shall refer] (them{difficulties}) to the Council (which [shall discuss] them{difficulties} and [seek] appropriate_solutions)).
▷(Such_solutions (shall not_run counter to the objectives_of_the_decision [referred_to] in paragraph_1) or ([impair] its_effectiveness)).
#h2.6.2.1.6c5#
▷((The Council) [shall adopt] decisions (which{decisions} [shall define] the approach_of_the_Union to a particular_matter of a (geographical or thematic)_nature)).
▷(Member_States shall ensure that their_national_policies conform to the_Union positions).
#h2.6.2.1.7c1#
1. ▷(Any_Member_State, the High_Representative_of_the_Union_for_Foreign_Affairs_and_Security_Policy, or the High_Representative with the Commission's_support, may refer any_question relating to the common_foreign_and_security_policy to the Council and may submit to it initiatives or proposals as appropriate). #h2.6.2.1.8c1#
2. ▷(In cases [requiring] a rapid_decision, the High_Representative, of his_own motion, or at the request of a Member_State, shall convene an_extraordinary Council_meeting within 48 hours or, in an_emergency, within a shorter_period). #h2.6.2.1.8c2#
1. ▷((Decisions under this_Chapter) [shall be_taken] by (the European_Council and the Council) [acting] unanimously, except where this_Chapter provides otherwise).
▷((The adoption of legislative_acts) [shall be_excluded]).
▷(When abstaining in a vote, any_member_of_the_Council may qualify its{member}_abstention by making a formal_declaration under the present_subparagraph).
▷(In that_case, it{member} (([shall not_be_obliged] to apply the decision), but ([shall accept] (that the decision commits the_Union)))).
▷(In a spirit of mutual_solidarity, (the Member_State_concerned) [shall refrain] from any_action likely to conflict with or impede Union_action based on that decision and the other_Member_States shall respect its_position).
▷(If the members_of_the_Council qualifying their_abstention in this_way represent (at least) one_third_of the Member_States comprising (at least) one_third_of the population_of_the_Union), (the decision) [shall not_be_adopted].
#h2.6.2.1.9c1#
2. ▷(By [derogation] from (the provisions of paragraph_1), the Council [shall act] by qualified_majority:
-- when adopting a decision defining a Union_action or position on the basis of a decision of the European_Council relating to the_Union's_strategic_interests and objectives, as [referred_to] in Article_22.1,
-- when adopting a decision defining a Union_action or position, on a proposal which the High_Representative_of_the_Union_for_Foreign_Affairs_and_Security_Policy has presented following a specific_request from the European_Council, made on its_own initiative or that of the High_Representative,
-- when adopting any_decision implementing a decision defining a Union_action or position,
-- when appointing a special_representative in_accordance_with Article_33).
▷((If a member_of_the_Council [declares] (that, (for (vital and stated)_reasons of national_policy), it{member} [intends] (to oppose the adoption of (a decision to be_taken by qualified_majority)))), a vote [shall not_be_taken]).
▷(The High_Representative) [will, (in (close_consultation with the Member_State involved)), search] for a solution acceptable to it).
▷(If (he) does_not_succeed, the Council [may, ([acting] by a qualified_majority), request] that the matter be_referred to the European_Council for a decision by unanimity).
#h2.6.2.1.9c2#
3. ▷(The European_Council [may unanimously adopt] a decision stipulating (that the Council [shall act] (by a qualified_majority) (in cases other than (those{cases} [referred_to] in paragraph_2)))). #h2.6.2.1.9c3#
4. ▷(Paragraphs 2 and 3 [shall not_apply] to decisions having military or defence implications). #h2.6.2.1.9c4#
5. ▷(For procedural_questions, the Council [shall act] by a majority of its_members). #h2.6.2.1.9c5#
▷(Member_States [shall consult] one_another within the European_Council and the Council on any_matter of foreign_and_security_policy of general_interest in_order to [determine] a common_approach).
▷((Before (([undertaking] any_action on the international_scene) or ([entering] into any_commitment which [could affect] the_Union's_interests))), (each_Member_State) [shall consult] the others{MS} within (the European_Council or the Council)).
▷(Member_States) [shall ensure], (through the convergence of their_actions), (that the_Union [is_able_to_assert] (its_interests and values) (on the international_scene)).
▷(Member_States [shall show] mutual_solidarity).
#h2.6.2.1.10c1#
▷((When (the European_Council or the Council) [has_defined] a common_approach_of_the_Union (within the meaning of the first_paragraph)), (the High_Representative_of_the_Union_for_Foreign_Affairs_and_Security_Policy and the Ministers for Foreign_Affairs of the Member_States) [shall coordinate] (their_activities) (within the Council)). #h2.6.2.1.10c2#
▷(The diplomatic_missions of the Member_States and the_Union delegations in third_countries and at international_organisations shall cooperate and shall contribute to formulating and implementing the common_approach). #h2.6.2.1.10c3#
▷(The Council may, on a proposal from the High_Representative_of_the_Union_for_Foreign_Affairs_and_Security_Policy, appoint a special_representative with a mandate in_relation_to particular policy issues).
▷(The special_representative [shall carry_out] his_mandate (under the authority of the High_Representative).
#h2.6.2.1.11c1#
1. ▷(Member_States [shall coordinate] their_action in international_organisations and at international_conferences).
▷(They [shall uphold] the_Union's_positions in such_forums).
▷(The High_Representative_of_the_Union_for_Foreign_Affairs_and_Security_Policy shall organise this_coordination).
▷(((In international_organisations and (at_international_conferences)) (where{places} (not_all_the_Member_States) [participate])), (those{States} (which{States} [do_take_part])) [shall uphold] the_Union's_positions).
#h2.6.2.1.12c1#
2. ▷(In accordance_with Article_24.3, (Member_States [represented] in (international_organisations or international_conferences where not_all_the_Member_States participate)) [shall keep] ((the other_Member_States and the High_Representative) [informed] of (any_matter of common_interest))).
▷((Member_States which{MS} are also members of the United_Nations_Security_Council) [will_concert and keep] ((the other_Member_States and the High_Representative) [fully informed])).
▷((Member_States which{MS} are members of the Security_Council) [will, (in the execution of their_functions), defend] (the positions and the interests_of_the_Union), (without prejudice to their_responsibilities under the provisions of the United_Nations_Charter)).
▷(When the_Union [has_defined] a position on a subject which is on the United_Nations_Security_Council_agenda), those_Member_States which{MS} sit on the Security Council shall request that the High_Representative be_invited to present the_Union's_position).
#h2.6.2.1.12c2#
▷((The (diplomatic and consular)_missions of the Member_States and the_Union_delegations in (third_countries and international_conferences), and their_representations to international_organisations), [shall cooperate] (in ensuring that (decisions [defining] Union_(positions and actions)) [adopted] (pursuant_to this_Chapter) [are_complied_with and implemented])). #h2.6.2.1.13c1#
▷((They [shall step_up] cooperation by exchanging information and carrying_out joint assessments). #h2.6.2.1.13c2#
▷(They [shall contribute] to the implementation of the right of citizens_of_the_Union to protection in the territory of third_countries as [referred_to] in Article_20.2.c of the Treaty_on_the_Functioning_of_the_European_Union and of the measures [adopted] pursuant_to Article_23 of that_Treaty). #h2.6.2.1.13c3#
▷(The High_Representative_of_the_Union_for_Foreign_Affairs_and_Security_Policy (([shall regularly consult] the European_Parliament (on the main_aspects and the basic_choices of (the common_foreign_and_security_policy and the common_security_and_defence_policy))) and ([inform] it{EP} (of how those_policies [evolve]))).
▷(He{RFA} [shall ensure] (that ((the views of the European_Parliament) [are duly taken into consideration]))).
▷(Special_representatives [may be_involved] in (briefing the European_Parliament)).
#h2.6.2.1.14c1#
▷(The European_Parliament (([may ask] questions of the Council) or ([make_recommendations] to (it{Cn} and to the High_Representative)))).
▷((Twice a year) it [shall hold] (a debate) on progress in implementing the common_foreign_and_security_policy, including the common_security_and_defence_policy).
#h2.6.2.1.14c2#
▷(The_Union [may conclude] (agreements with (one or more) States or international_organisations) (in areas [covered] by this_Chapter). #h2.6.2.1.15c1#
▷(Without prejudice to Article_240_of_the_Treaty_on_the_Functioning_of_the_European_Union, a Political_and_Security_Committee [shall monitor] the international situation in the areas covered by the common_foreign_and_security_policy and ([contribute] (to the definition of policies) by delivering opinions to the Council at the request of the Council or of the High_Representative_of_the_Union_for_Foreign_Affairs_and_Security_Policy or on its_own initiative)).
▷(It [shall also monitor] the implementation of agreed policies, without prejudice to the powers of the High_Representative).
#h2.6.2.1.16c1#
▷(Within the scope of this_Chapter, the Political_and_Security_Committee [shall exercise], under the responsibility of the Council and of the High_Representative, the political control and strategic direction of (the crisis_management_operations [referred_to] in Article_43). #h2.6.2.1.16c2#
▷(The Council may authorise the Committee, for the purpose and for the duration of a crisis_management_operation, as determined by the Council, to take the relevant decisions concerning the political_control and strategic direction of the operation). #h2.6.2.1.16c3#
▷(In accordance_with Article_16_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).
#h2.6.2.1.17c1#
▷(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 3 to 6 of the Treaty_on_the_Functioning_of_the_European_Union). #h2.6.2.1.18c1#
▷(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). #h2.6.2.1.18c2#
1. ▷((Administrative_expenditure to which the implementation of this_Chapter [gives_rise] for the institutions) [shall be_charged] (to the_Union_budget)). #h2.6.2.1.19c1#
2. ▷(Operating_expenditure to which the implementation of this_Chapter gives rise shall also be_charged to the_Union_budget, except for such_expenditure arising from operations having (military or defence)_implications and (cases where the Council [acting] (unanimously) ([decides] otherwise)).
▷(In cases (where expenditure [is_not_charged] to the_Union_budget), (it{expenditure}) shall be_charged to the Member_States in_accordance_with the gross_national_product_scale, unless the Council [acting] unanimously decides otherwise).
▷(As_for expenditure arising from operations having military or defence implications, (Member_States whose_representatives in the Council [have_made] a formal_declaration under Article_31.1, second_subparagraph), [shall not_be_obliged] to contribute to the financing thereof).
#h2.6.2.1.19c2#
3. ▷(The Council [shall adopt] a decision establishing the specific_procedures for [guaranteeing] rapid_access to appropriations in the_Union_budget for urgent financing of initiatives in the framework of the common_foreign_and_security_policy, and (in particular) for preparatory_activities for the tasks [referred_to] in (Article_42.1 and Article_43).
▷(It{Cn} [shall act] after (consulting the European_Parliament)).
▷(Preparatory_activities for the tasks [referred_to] in Article_42.1 and Article_43 which are_not_charged to the_Union_budget shall be_financed by a start_up_fund made up of Member_States'_contributions).
▷(The Council [shall adopt] by a qualified_majority, on a proposal from the High_Representative_of_the_Union_for_Foreign_Affairs_and_Security_Policy, (decisions) establishing:
(a) the procedures for setting_up and financing the start_up_fund, (in particular) the amounts allocated to the fund;
(b) the procedures for administering the start_up_fund;
(c) the financial_control_procedures).
▷((When (the task [planned] in_accordance_with Article_42.1 and Article_43) [cannot_be_charged] to the_Union_budget), the Council [shall authorise] the High_Representative (to use the fund)).
▷(The High_Representative [shall report] to the Council on the implementation of this_remit).
#h2.6.2.1.19c3#
1. ▷(The common_security_and_defence_policy [shall be] an_integral_part of the common_foreign_and_security_policy).
▷(It [shall provide] the_Union with an_operational_capacity drawing on civilian and military assets).
▷(The_Union [may use] (them) on missions (outside the_Union) for peace_keeping, conflict_prevention and strengthening international_security in_accordance_with the principles of the United_Nations_Charter).
▷((The performance of these_tasks) [shall be_undertaken] ([using] (capabilities [provided] by the Member_States))).
#h2.6.2.2.1c1#
2. ▷(The common_security_and_defence_policy [shall include] the progressive_framing of a common_Union_defence_policy).
▷(This{defence-policy} will_lead to a common_defence, when the European_Council, [acting] unanimously, so decides).
▷(It shall in that_case recommend to the Member_States the adoption of such_a_decision in_accordance_with their_respective constitutional_requirements).
▷(The policy_of_the_Union in_accordance_with this_Section shall not_prejudice the specific_character of the security_and_defence_policy of certain Member_States and [shall respect] the obligations of certain Member_States, which{MS} [see] their_common_defence [realised] in the North_Atlantic_Treaty_Organisation (NATO), under the North_Atlantic_Treaty and be_compatible with the common_security_and_defence_policy established within that framework).
#h2.6.2.2.1c2#
3. ▷(Member_States [shall make] (civilian and military)_capabilities available to the_Union for the implementation of the common_security_and_defence_policy, to contribute to the objectives defined by the Council).
▷(Those_Member_States which{MS} together establish multinational_forces may also make them available to the common_security_and_defence_policy).
▷(Member_States shall undertake progressively to improve their_military_capabilities).
▷((The Agency in the field of defence_capabilities_development, research, acquisition and armaments (hereinafter [referred_to] as "the_European_Defence_Agency")) ([shall identify] operational_requirements), ([shall promote] measures to satisfy those_requirements), ([shall contribute] to [identifying and, where appropriate, implementing] any_measure [needed] to strengthen the (industrial and technological)_base of the defence_sector), [shall participate] in defining a European_capabilities_and_armaments_policy, and [shall assist] the Council in evaluating the improvement of military_capabilities).
#h2.6.2.2.1c3#
4. ▷(Decisions relating to the common_security_and_defence_policy, including those initiating a mission as [referred_to] in this_Article, shall be_adopted by the Council [acting] unanimously on a proposal from the High_Representative_of_the_Union_for_Foreign_Affairs_and_Security_Policy or an_initiative from a Member_State).
▷(The High_Representative [may propose] the use of both national_resources and Union_instruments, (together with) the Commission where appropriate).
#h2.6.2.2.1c4#
5. ▷(The Council may entrust the execution of a task, within the_Union_framework, to a group of Member_States in_order to protect the_Union's_values and serve its_interests).
▷((The execution of such_a_task) [shall be_governed] (by Article_44)).
#h2.6.2.2.1c5#
6. ▷(Those_Member_States whose_military_capabilities [fulfil] higher_criteria and which [have_made] more_binding_commitments to one_another in this_area (with a view to the most_demanding_missions)) [shall establish] (permanent_structured_cooperation) (within the_Union_framework).
▷(Such_cooperation [shall be_governed] by Article_46).
▷(It{cooperation} [shall not_affect] (the provisions of Article_43)).
#h2.6.2.2.1c6#
7. ▷(If a Member_State is the victim of armed aggression on its_territory, the other_Member_States [shall have] towards it an_obligation of aid and assistance by all_the_means in their_power, in_accordance_with Article_51_of_the_United_Nations_Charter).
▷(This_shall not_prejudice the specific_character of the security_and_defence_policy of certain Member_States).
▷(Commitments and cooperation in this_area shall be_consistent with commitments under the North_Atlantic_Treaty_Organisation, which, for those_States which are members of it, remains the foundation of their_collective defence and the forum for its_implementation).
#h2.6.2.2.1c7#
1. ▷(The tasks [referred_to] in Article_42.1, in the course of which the_Union may use civilian and military_means, shall include joint_disarmament_operations, humanitarian_and_rescue_tasks, military_advice_and_assistance_tasks, conflict_prevention and peace_keeping_tasks, tasks of combat_forces in crisis_management, including peace_making and post_conflict_stabilisation).
▷(All_these tasks may contribute to the fight against terrorism, including by supporting third_countries in combating terrorism in their_territories).
#h2.6.2.2.2c1#
2. ▷(The Council) [shall adopt] decisions relating to the tasks [referred_to] in paragraph_1, defining their_objectives and scope and the general_conditions for their_implementation).
▷(The High_Representative_of_the_Union_for_Foreign_Affairs_and_Security_Policy, [acting] under the authority of the Council and in close and constant contact with the Political_and_Security_Committee, shall ensure coordination of the civilian and military aspects of such_tasks).
#h2.6.2.2.2c2#
1. ▷((Within the framework of (the decisions [adopted] in_accordance_with Article_43)), the Council [may entrust] the implementation of a task to a group of Member_States (which{MS} are_willing and [have] the necessary_capability for such_a_task)).
▷(Those_Member_States, in association with the High_Representative_of_the_Union_for_Foreign_Affairs_and_Security_Policy, shall agree among themselves on the management of the task).
#h2.6.2.2.3c1#
2. ▷(Member_States participating in the task shall keep the Council regularly informed of its_progress on their_own initiative or at the request of another_Member_State).
▷(Those_States) [shall inform] the Council (immediately) ((should the completion of the task entail major consequences) (or require amendment of the objective, scope and conditions determined for the task in the decisions [referred_to] in paragraph_1)).
▷(In such_cases, the Council [shall adopt] the necessary_decisions).
#h2.6.2.2.3c2#
1. ▷(The European_Defence_Agency [referred_to] in Article_42.3, subject to the authority of the Council), [shall have] as its_task to:
(a) ([contribute] to ((identifying (the Member_States'_military_capability_objectives)) and (evaluating observance of (the capability_commitments [given] by the Member_States))));
(b) [promote] harmonisation of operational_needs and adoption of (effective, compatible procurement)_methods;
(c) (([propose] multilateral_projects to [fulfil] the objectives in terms of military_capabilities), ([ensure] (coordination of the programmes implemented by the Member_States) and (management of specific_cooperation_programmes)));
(d) (([support] defence_technology_research), and ([coordinate and plan] joint research_activities and the study of technical_solutions meeting future_operational_needs));
(e) [contribute] to identifying and, if necessary, implementing any_useful_measure for strengthening the industrial and technological base of the defence_sector and for improving the effectiveness of military_expenditure).
#h2.6.2.2.4c1#
2. ▷(The European_Defence_Agency [shall be_open] (to all_Member_States [wishing to be_part] of it{EDA})).
▷(The Council, [acting] by a qualified_majority, [shall adopt] a decision defining the Agency's_statute, seat and operational_rules).
▷(That decision should take_account of the level of effective_participation in the Agency's_activities).
▷(Specific_groups [shall be_set_up] within the Agency ([bringing_together] (Member_States [engaged] in joint_projects))).
▷(The Agency [shall carry_out] its{A}_tasks in liaison with the Commission where necessary).
#h2.6.2.2.4c2#
1. ▷(Those_Member_States which{MS} wish to participate in the permanent_structured_cooperation [referred_to] in Article_42.6, which fulfil the criteria and have_made the commitments on military_capabilities [set_out] in the Protocol_on_permanent_structured_cooperation, [shall notify] their_intention to the Council and to the High_Representative_of_the_Union_for_Foreign_Affairs_and_Security_Policy). #h2.6.2.2.5c1#
2. ▷(Within three_months following the notification [referred_to] in paragraph_1 the Council [shall adopt] a decision establishing permanent_structured_cooperation and determining the list of participating_Member_States).
▷(The Council [shall act] by a qualified_majority after consulting the High_Representative).
#h2.6.2.2.5c2#
3. ▷((Any_Member_State (which{MS}, at a later_stage, [wishes to participate] in the permanent_structured_cooperation)) [shall notify] its_intention to the Council and to the High_Representative).
▷(The Council [shall adopt] (a decision [confirming] (the participation of the Member_State_concerned (which{MS} ([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_238.3.a of the Treaty_on_the_Functioning_of_the_European_Union).
#h2.6.2.2.5c3#
4. ▷(If a participating_Member_State no_longer fulfils the criteria or is no_longer able to meet the commitments [referred_to] in Articles 1 and 2 of the Protocol_on_permanent_structured_cooperation, the Council [may adopt] (a decision [suspending] the participation of the Member_State_concerned).
▷(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_238.3.a of the Treaty_on_the_Functioning_of_the_European_Union).
#h2.6.2.2.5c4#
5. ▷(Any_participating Member_State which{MS} wishes to withdraw from permanent_structured_cooperation [shall notify] its_intention to the Council, which shall take note that the Member_State in question has ceased to participate). #h2.6.2.2.5c5#
6. ▷(The decisions and recommendations of the Council within the framework of permanent_structured_cooperation, other than those provided_for in paragraphs 2 to 5, shall be_adopted by unanimity).
▷(For the purposes of this_paragraph, unanimity [shall be_constituted] (by the votes of (the representatives of the participating_Member_States only))).
#h2.6.2.2.5c6#
▷(The_Union [shall have] legal_personality). #h2.7.1c1#
1. ▷(The_Treaties [may be_amended] (in_accordance_with an_ordinary_revision_procedure)).
▷(They may also be_amended in_accordance_with simplified_revision_procedures).
#h2.7.2c1#
2. ▷(The Government of any_Member_State, the European_Parliament or the Commission [may submit] to the Council proposals for the amendment of the_Treaties).
▷(These_proposals may, inter alia, serve either to increase or to reduce the competences conferred on the_Union in the_Treaties).
▷((These_proposals [shall be_submitted] to the European_Council by the Council) and (the national_Parliaments shall be_notified)).
#h2.7.2.1c1#
3. ▷(If the European_Council, after consulting the European_Parliament and the Commission, adopts by a simple_majority a decision in favour of examining the proposed amendments, (the President_of_the_European_Council) [shall convene] a Convention composed of representatives of the national_Parliaments, of the Heads_of_State_or_Government of the Member_States, of the European_Parliament and of the Commission).
▷(The European_Central_Bank [shall also be_consulted] (in the case of (institutional_changes (in the monetary_area)))).
▷(The Convention shall examine the proposals for amendments and [shall adopt] by consensus a recommendation to a conference_of_representatives_of_the_governments_of_the_Member_States as [provided_for] in paragraph_4).
▷(The European_Council [may decide] (by a simple_majority), (after obtaining the consent of the European_Parliament), (not to [convene] a Convention) (should this{Convention} 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).
#h2.7.2.1c2#
4. ▷(A conference of representatives_of_the_governments_of_the_Member_States [shall be_convened] by the President_of_the_Council for the purpose of [determining] by common_accord the amendments to be_made to the_Treaties).
▷((The amendments) [shall enter] (into force) after ([being_ratified] by all_the_Member_States) (in_accordance_with their{MS}_respective_constitutional_requirements)).
#h2.7.2.1c3#
5. ▷(If, two_years after (the signature of (a treaty [amending] the_Treaties)), four_fifths of the Member_States [have_ratified] (it{T}) and (one or more) Member_States [have_encountered] difficulties in proceeding with ratification, the matter [shall be_referred] to the European_Council). #h2.7.2.1c4#
6. ▷(The Government of any_Member_State, the European_Parliament or the Commission may submit to the European_Council proposals for revising all or part of the provisions of Part_Three of the Treaty_on_the_Functioning_of_the_European_Union relating to the internal_policies_and_action_of_the_Union).
▷(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{decision}) 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).
#h2.7.2.1c5#
7. ▷(Where the Treaty_on_the_Functioning_of_the_European_Union or Title_V of this_Treaty provides for the Council to act by unanimity in a given_(area or case), the European_Council may adopt a decision authorising the Council to act by a qualified_majority in that_area or in that_case).
▷(This_subparagraph [shall not_apply] to decisions with military_implications or those in the area_of_defence).
▷(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{consent} [shall be_given] by a majority_of_its_component_members))).
#h2.7.2c7#
▷((Any_European_State (which{State} respects the values [referred_to] in Article_2 and is_committed to promoting them{values})) [may apply] (to become a member_of_the_Union)).
▷((The European_Parliament and national_Parliaments) shall be_notified of this_application).
▷(The applicant_State [shall address] its{State}_application to the Council, which [shall act] unanimously after consulting the Commission and after receiving the consent of the European_Parliament, which [shall act] by a majority_of_its_component_members).
▷(The conditions of eligibility agreed upon by the European_Council shall be_taken into account).
#h2.7.3c1#
▷(The conditions of admission and the adjustments to the_Treaties on which the_Union is_founded, which such_admission entails), [shall be] the subject of an_agreement between the Member_States and the applicant_State).
▷(This_agreement [shall be_submitted] for ratification by all_the_contracting States in_accordance_with their_respective constitutional_requirements).
#h2.7.3c2#
1. ▷(Any_Member_State may decide to withdraw from the_Union in_accordance_with its_own constitutional_requirements). #h2.7.4c1#
2. ▷((A Member_State (which{MS} decides to withdraw)) [shall notify] the European_Council (of its_intention)).
▷(In the light of the guidelines provided by the European_Council, the_Union shall negotiate and conclude an_agreement with that_State, setting_out the arrangements for its_withdrawal, taking_account of the framework for (its_future_relationship with the_Union)).
▷(That_agreement [shall be_negotiated] in_accordance_with Article_218.3_of_the_Treaty_on_the_Functioning_of_the_European_Union).
▷(It shall be_concluded on behalf_of_the_Union by the Council, [acting] by a qualified_majority, after obtaining the consent of the European_Parliament).
#h2.7.4c2#
3. ▷(The_Treaties [shall cease] (to apply to (the State in question)) (((from (the date of entry_into_force of the withdrawal_agreement)) or, (failing that, two_years after (the notification [referred_to] in paragraph_2))), (unless the European_Council, in agreement with the Member_State_concerned, unanimously decides to extend this_period))). #h2.7.4c3#
4. ▷((For the purposes of paragraphs_(2 and 3)), ((the member (of the European_Council or of the Council)) representing the withdrawing_Member_State) [shall not_participate] (in (the discussions of the European_Council or Council) or in (decisions concerning it{member}))).
▷(A qualified_majority [shall be_defined] in_accordance_with Article_238.3.b of the Treaty_on_the_Functioning_of_the_European_Union).
#h2.7.4c4#
5. ▷((If a State (which{S} [has_withdrawn] from the_Union) [asks] to rejoin), its{S}_request [[shall be] subject] (to (the procedure [referred_to] in Article_49))). #h2.7.4c5#
▷(((The Protocols and Annexes) to the_Treaties) [shall form] (an_integral_part thereof{Treaties})). #h2.7.5c1#
1. ▷(The_Treaties [shall apply] to the Kingdom_of_Belgium, the Republic_of_Bulgaria, the Czech_Republic, the Kingdom_of_Denmark, the Federal_Republic_of_Germany, the Republic_of_Estonia, Ireland, 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, the Kingdom_of_Sweden and the United_Kingdom_of_Great_Britain and_Northern_Ireland). #h2.7.6c1#
2. ▷(The territorial_scope of the_Treaties) [is_specified] in Article_355_of_the_Treaty_on_the_Functioning_of_the_European_Union). #h2.7.6c2#
▷(This{teu}_Treaty [is_concluded] (for an_unlimited_period)). #h2.7.7c1#
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).
#h2.7.8c1#
2. ▷(This_Treaty [shall enter] (into force) on 1_January_1993, provided that all_the_Instruments_of_ratification have_been_deposited, or, failing that, on the first_day of the month following the deposit of the Instrument_of_ratification by the last_signatory_State to take this_step). #h2.7.8c2#
1. ▷(This_Treaty, [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). #h2.7.9c1#
2. ▷(This_Treaty [may also be_translated] into any_other_languages as determined by Member_States among those which, in_accordance_with their_constitutional_order, enjoy official_status in ((all or part) of their_territory)).
▷(A certified copy of such_translations shall be_provided by the Member_States_concerned to be_deposited in the archives of the Council).
▷((IN WITNESS WHEREOF) the undersigned_Plenipotentiaries [have_signed] this_Treaty).
▷(Done at Maastricht on the seventh day of February in the year one_thousand and ninety_two).
▷(List of signatories not_reproduced)
#h2.7.9c2#
{teu2009n1} (13. The Republic_of Bulgaria, 14. the Czech_Republic, 15.
the Republic_of_Estonia, 16. the Republic_of_Cyprus, 17.
the Republic_of_Latvia, 18. the Republic_of_Lithuania, 19.
the Republic_of_Hungary, 20. the Republic_of_Malta, 21.
the Republic_of_Austria, 22. the Republic_of_Poland, 23. Romania, 24.
the Republic_of_Slovenia, 25. the Slovak_Republic, 26.
the Republic_of_Finland 27.and the Kingdom_of_Sweden) [have since become] (members of the European_Union)).
#h2.7.9c3#
{teu2009n2} ▷(These_references [are] merely indicative).
▷(For more_ample_information, [please refer] (to the tables of equivalences) (between the old and (the new_numbering of the_Treaties))).
#h2.7.9c4#
▷(Consolidated version of the Treaty_on_the_Functioning_of_the_European_Union #h3c1#
▷(HIS_MAJESTY_THE_KING_OF_THE_BELGIANS, THE PRESIDENT_OF_THE_FEDERAL_REPUBLIC_OF_GERMANY, THE PRESIDENT_OF_THE_FRENCH_REPUBLIC, THE PRESIDENT_OF_THE_ITALIAN_REPUBLIC, HER_ROYAL_HIGHNESS_THE_GRAND_DUCHESS_OF_LUXEMBOURG, HER_MAJESTY_THE_QUEEN_OF_THE_NETHERLANDS, {1}
DETERMINED to lay the foundations of an_ever_closer_union among the peoples of Europe,
RESOLVED to ensure the economic and social_progress of their_States by common_action to eliminate the barriers which divide Europe,
AFFIRMING as the essential objective of their_efforts the constant improvements of the living_and_working_conditions of their_peoples,
(RECOGNISING that the removal of existing_obstacles calls for concerted_action in_order to guarantee (steady_expansion, balanced_trade and fair_competition)),
(ANXIOUS to [strengthen] the unity of their_economies and to [ensure] their_harmonious_development by reducing the differences existing between the various_regions and the backwardness of the less_favoured_regions),
DESIRING to contribute, by means of a common_commercial_policy, to the progressive abolition of restrictions on international_trade,
[INTENDING] to [confirm] the solidarity (which{solidarity}) [binds] Europe and the overseas countries and desiring to ensure the development of their_prosperity, in_accordance_with the principles of the Charter_of_the_United_Nations,
RESOLVED by thus pooling their_resources to preserve and strengthen peace and liberty, and calling upon the other_peoples of Europe who [share] their_ideal to join in their_efforts,
([DETERMINED] to [promote] the development of the highest_possible_level of knowledge for their_peoples through a wide_access to education and through its{knowledge}_continuous_updating),
and to this_end HAVE DESIGNATED as their_Plenipotentiaries:
(List of plenipotentiaries not_reproduced)
WHO, having exchanged their_full_powers, found in good and due form, [have_agreed] as follows).
#h3.1c1#
1. ▷(This{TFEU}_Treaty (([organises] the functioning_of_the_Union) and ([determines] ((the areas of, delimitation of, and (arrangements for exercising)) its_competences)))). #h3.2.1c1#
2. ▷((This_Treaty) and (the Treaty_on_the_European_Union)) [constitute] (the_Treaties ((on which) the_Union [is_founded])).
▷(These_two_Treaties, which have the same_legal_value), [shall be_referred_to] as "the_Treaties".
#h3.2.1c2#
1. ▷((When the_Treaties [confer] on the_Union exclusive_competence in a specific_area), only the_Union ([may legislate] and ([adopt] legally_binding_acts)), the Member_States [being_able] to do so themselves (only if so [empowered] by the_Union (or for the implementation of Union_acts))). #h3.2.1.1c1#
2. ▷((When the_Treaties [confer] on the_Union a competence [shared] with the Member_States in a specific_area), the_Union and the Member_States [may legislate and adopt] legally_binding_acts in that_area).
▷(The Member_States shall exercise their_competence to the extent that the_Union has not_exercised its_competence).
▷(The Member_States shall again exercise their_competence to the extent that (the_Union has_decided to cease exercising its_competence)).
#h3.2.1.1c2#
3. ▷(The Member_States shall coordinate their_economic_and_employment_policies within arrangements as determined by this_Treaty, which the_Union [shall have] competence to provide). #h3.2.1.1c3#
4. ▷(The_Union [shall have] competence, in_accordance_with the provisions of the Treaty_on_the_European_Union, to [define] and [implement] a common_foreign_and_security_policy, including the progressive framing of a common_defence_policy). #h3.2.1.1c4#
5. ▷(In certain_areas and under the conditions [laid_down] in the_Treaties, the_Union [shall have] competence to carry_out actions to support, coordinate or supplement (the actions of the Member_States), without thereby superseding their_competence in these areas).
▷(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).
#h3.2.1.1c5#
6. ▷(The scope of and arrangements for exercising the_Union's_competences [shall be_determined] by the provisions of the_Treaties relating to each_area). #h3.2.1.1c6#
1. ▷(The_Union [shall have] exclusive_competence in the following_areas:
(a) customs_union;
(b) the establishing of the competition_rules necessary for the functioning_of_the_internal_market;
(c) monetary_policy for the Member_States ((whose{MS} currency [is] the euro).
(d) the conservation of marine_biological_resources under the 21/02/2010;
(e) common_commercial_policy).
#h3.2.1.2c1#
2. ▷(The_Union [shall also have] exclusive_competence for the conclusion of an_international_agreement when its_conclusion is_provided_for in a legislative_act_of_the_Union or is necessary to [enable] the_Union to exercise its_internal competence, or in_so_far_as its_conclusion [may affect] common_rules or alter their_scope). #h3.2.1.2c2#
1. ▷(The_Union [shall share] (competence) (with the Member_States) (where the_Treaties confer on it a competence (which{comp}) [does_not_relate] to the areas ([referred_to] in Articles 3 and 6)). #h3.2.1.3c1#
2. ▷(Shared_competence between (the_Union and the Member_States) [applies] in the following_principal_areas:
(a) internal_market;
(b) social_policy, for the aspects [defined] in this_Treaty;
(c) economic, social and territorial cohesion;
(d) agriculture and fisheries, excluding the conservation of marine_biological_resources;
(e) environment;
(f) consumer_protection;
(g) transport;
(h) trans_European_networks;
(i) energy;
(j) area of freedom_security_and_justice;
(k) common_safety_concerns in public_health_matters, for the aspects [defined] in this_Treaty).
#h3.2.1.3c2#
3. ▷(In the areas of research, technological_development and space, the_Union [shall have] competence to carry_out activities, (in particular) to define and implement programmes; however, the exercise of that_competence shall not_result in Member_States being_prevented from exercising theirs). #h3.2.1.3c3#
4. ▷(In the areas of development_cooperation and humanitarian_aid), the_Union [shall have] competence to carry_out activities and conduct a common_policy; however, (the exercise of that_competence) [shall not_result] (in ((Member_States) [being_prevented] from ([exercising] (theirs)))). #h3.2.1.3c4#
1. ▷(The Member_States shall coordinate their_economic_policies within the_Union).
▷(To this_end, the Council [shall adopt] measures, (in particular) broad_guidelines for these policies).
▷(Specific_provisions [shall apply] to those_Member_States whose_currency [is] the euro).
#h3.2.1.4c1#
2. ▷(The_Union [shall take] measures to ensure coordination of the employment_policies of the Member_States, (in particular) by defining guidelines for these policies). #h3.2.1.4c2#
3. ▷(The_Union [may take] initiatives to ensure coordination of Member_States'_social_policies). #h3.2.1.4c3#
▷(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]:(
(a) (protection and improvement) of human_health;
(b) industry;
(c) culture;
(d) tourism;
(e) education, vocational_training, (youth) and sport;
(f) civil_protection;
(g) administrative_cooperation)).
#h3.2.1.5c1#
▷(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). #h3.2.2.1c1#
In all_its_activities, the_Union [shall aim] to eliminate inequalities, and to [promote] equality, between men and women).
#h3.2.2.2c1#
▷((In [defining and implementing] its{U}_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)))). #h3.2.2.3c1#
▷(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). #h3.2.2.4c1#
▷(Environmental_protection_requirements [must be_integrated] into the (definition and implementation)_of_the_Union_policies_and_activities, (in particular) with a view to promoting sustainable_development). #h3.2.2.5c1#
▷(Consumer_protection requirements [shall be_taken] into account in defining and implementing other_Union_policies_and_activities). #h3.2.2.6c1#
▷(In formulating and implementing the_Union's_agriculture, fisheries, transport, internal_market, research_and_technological_development and space policies, the_Union and the Member_States shall, since animals [are] sentient_beings, pay full regard to the welfare_requirements of animals, while respecting the legislative or administrative_provisions and customs of the Member_States relating (in particular) to religious rites, cultural traditions and regional heritage). #h3.2.2.7c1#
▷(((Without prejudice to Article_4_of_the_Treaty_on_the_European_Union or to Articles (93, 106 and 107 of this_Treaty)), and ([given] the place occupied by (services of general_economic_interest) in the shared_values_of_the_Union as_well_as their{services}_role in promoting (social and territorial)_cohesion)), (the_Union and the Member_States, each_within their_respective_powers and within the scope of application of the_Treaties), [shall take_care] (that such_services operate on the basis of principles and conditions, particularly (economic and financial)_conditions, which enable them to fulfil their_missions)).
▷(The European_Parliament and the Council, [acting] (by (means of regulations)) in_accordance_with the ordinary_legislative_procedure, shall establish these_principles and set these conditions without prejudice to the competence of Member_States, in [compliance] with the_Treaties, to provide, to commission and to fund such_services).
#h3.2.2.8c1#
1. ▷((In_order to [promote] good_governance and [ensure] the participation of civil_society), the_Union_institutions_bodies_offices_and_agencies [shall conduct] their_work (as openly as possible)). #h3.2.2.9c1#
2. ▷((The European_Parliament [shall meet] in public), (as [shall] the Council (when [considering and voting] on a draft_legislative_act))). #h3.2.2.9c2#
3. ▷(Any_citizen_of_the_Union, and any_natural_or_legal_person residing or having its_registered_office in a Member_State, [shall have] a right of access to documents_of_the_Union_institutions_bodies_offices_and_agencies, whatever_their_medium, subject to the principles and the conditions to be_defined in_accordance_with this_paragraph).
▷((General_principles and limits on grounds of (public or private)_interest governing (this_right of access to documents)) [shall be_determined] by the European_Parliament and the Council, by means of regulations, ([acting] in_accordance_with the ordinary_legislative_procedure)).
▷(Each_institution_body_office_or_agency [shall ensure] that its{iboa}_proceedings [are] transparent and shall elaborate(εισάγει) in its_own Rules_of_Procedure specific_provisions regarding access to its_documents, in_accordance_with the regulations [referred_to] in the second_subparagraph).
▷(The Court_of_Justice_of_the_European_Union, the European_Central_Bank and the European_Investment_Bank [[shall be] subject] to this_paragraph only when exercising their_administrative_tasks).
▷(The European_Parliament and the Council [shall ensure] publication of the documents relating to the legislative_procedures under the terms [laid_down] by the regulations [referred_to] in the second_subparagraph).
#h3.2.2.9c3#
1. ▷(Everyone [has] the right (to the protection of personal_data concerning them)). #h3.2.2.10c1#
2. ▷(The European_Parliament and the Council, [acting] in_accordance_with the ordinary_legislative_procedure, shall lay_down the rules relating to the protection of individuals with_regard_to the processing of personal_data by Union institutions_bodies_offices_and_agencies, and by the Member_States when carrying_out activities which fall within the scope of Union_law, and the rules relating to the free_movement of such_data).
▷(Compliance with these rules [shall be] subject to the control of independent_authorities).
▷(The rules [adopted] (on the basis of this_Article)) [shall be] without prejudice to the specific_rules [laid_down] in Article_39_of_the_Treaty_on_the_European_Union).
#h3.2.2.10c2#
1. ▷(The_Union [respects and does_not_prejudice] the status under national_law of churches and religious_associations or communities in the Member_States). #h3.2.2.11c1#
2. ▷(The_Union equally [respects] (the status (under national_law) of (philosophical and non_confessional)_organisations)). #h3.2.2.11c2#
3. ▷((Recognising their_identity and their_specific_contribution), the_Union [shall maintain] (an_open, transparent and regular_dialogue) (with these_churches and organisations)). #h3.2.2.11c3#
▷((Within the scope of application of the_Treaties, and without prejudice to any_special_provisions contained therein), (any_discrimination on grounds of nationality) [shall be_prohibited]). #h3.3.1c1#
▷((The European_Parliament and the Council), ([acting] in_accordance_with the ordinary_legislative_procedure), [may adopt] (rules designed (to prohibit such_discrimination))). #h3.3.1c2#
1. ▷(Without prejudice to the other_provisions of the_Treaties and within the limits of the powers conferred by them upon the_Union, the Council, [acting] unanimously in_accordance_with a special_legislative_procedure and after obtaining the consent of the European_Parliament, [may take_appropriate_action] to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation). #h3.3.2c1#
2. ▷(By way of derogation from paragraph_1, the European_Parliament and the Council, [acting] in_accordance_with the ordinary_legislative_procedure, may adopt the basic_principles of Union incentive measures, excluding any_harmonisation of the laws_and_regulations of the Member_States, to support action taken by the Member_States in_order to contribute to the achievement of the objectives [referred_to] in paragraph_1). #h3.3.2c2#
1. ▷(Citizenship_of_the_Union [is hereby established]).
▷((Every_person [holding] the nationality of a Member_State) [shall be] a citizen_of_the_Union).
▷(Citizenship_of_the_Union shall be_additional to and not_replace national_citizenship).
#h3.3.3c1#
2. ▷(Citizens_of_the_Union shall enjoy the rights and be subject to the duties [provided_for] in the_Treaties).
▷(They shall have, inter alia [μεταξύ άλλων]:
(a) (the right to [move and reside] freely within (the territory of the Member_States));
(b) the right to vote and to stand as candidates in elections to the European_Parliament and in municipal_elections in their_Member_State of residence, under the same_conditions as nationals of that_State;
(c) the right to enjoy, in the territory of a third_country in which the Member_State of which they are nationals is_not_represented, the protection of the diplomatic_and_consular_authorities of any_Member_State on the same_conditions as the nationals of that_State;
(d) the right to petition the European_Parliament, to apply to the European_Ombudsman, and to address the institutions and advisory_bodies_of_the_Union in any of the Treaty_languages and to obtain a reply in the same_language).
▷(These_rights [shall be_exercised] (in_accordance_with (the conditions and limits) [defined] (by (the_Treaties and by the measures adopted there under))).
#h3.3.3c2#
1. ▷(Every_citizen_of_the_Union [shall have] the right to move and reside freely within (the territory of the Member_States), subject to the limitations and conditions [laid_down] in the_Treaties and by the measures [adopted] to give them effect). #h3.3.4c1#
2. ▷(If action_by_the_Union should prove necessary to attain this_objective and the_Treaties have_not_provided the necessary_powers, (the European_Parliament and the Council, [acting] in_accordance_with the ordinary_legislative_procedure), [may adopt] provisions with a view to facilitating the exercise of the rights [referred_to] in paragraph_1). #h3.3.4c2#
3. ▷(For the same_purposes as those referred_to in paragraph_1 and if the_Treaties [have_not_provided] the necessary_powers, (the Council, [acting] in_accordance_with a special_legislative_procedure), [may adopt] measures concerning social_security or social_protection).
▷(The Council [shall act] unanimously after (consulting the European_Parliament)).
#h3.3.4c3#
1. ▷(Every_citizen_of_the_Union [residing] in a Member_State of which (he) is_not_a_national [shall have] the right to vote and to stand as a candidate at municipal_elections in the Member_State in which (he) resides, under the same_conditions as nationals of that_State).
▷(This_right [shall be_exercised] subject to detailed_arrangements [adopted] by the Council, [acting] unanimously in_accordance_with a special_legislative_procedure and after consulting the European_Parliament); (these{Council}_arrangements [may provide] (for derogations) (where [warranted] (by problems (specific to a Member_State)))).
#h3.3.5c1#
2. ▷(Without prejudice to Article_223.1 and to the provisions adopted for its_implementation, every_citizen_of_the_Union residing in a Member_State of which (he) is_not_a_national [shall have] the right to vote and to stand as a candidate in elections to the European_Parliament in the Member_State in which (he) resides, under the same_conditions as nationals of that_State).
▷(This_right shall be_exercised subject to detailed_arrangements [adopted] by ((the Council), [acting] (unanimously) (in_accordance_with a special_legislative_procedure) and (after consulting the European_Parliament)); these_arrangements [may provide] for derogations where [warranted] by (problems (specific to a Member_State)).
#h3.3.5c2#
▷(Every_citizen_of_the_Union shall, in the territory of a third_country in which the Member_State of which (he) is a national is_not_represented, be_entitled to protection by the diplomatic_or_consular_authorities of any_Member_State, on the same_conditions as the nationals of that_State).
▷(Member_States (([shall adopt] the necessary_provisions) and ([start] the international_negotiations required to secure this_protection))).
#h3.3.6c1#
▷(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))). #h3.3.6c2#
▷(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_11_of_the_Treaty_on_the_European_Union, including the minimum number of Member_States from which such_citizens must come). #h3.3.7c1#
▷(Every_citizen_of_the_Union [shall have] the right to petition the European_Parliament in_accordance_with Article_227). #h3.3.7c2#
▷(Every_citizen_of_the_Union may apply to the Ombudsman established in_accordance_with Article_228). #h3.3.7c3#
▷(Every_citizen_of_the_Union (([may write] (to any of the institutions_bodies_offices_or_agencies [referred_to] in this_Article or in Article_13_of_the_Treaty_on_the_European_Union) (in one of the languages mentioned in Article_55.1_of_the_Treaty_on_the_European_Union)) and (have an_answer in the same_language))). #h3.3.7c4#
▷(The Commission [shall report] to the European_Parliament, to the Council and to the Economic_and_Social_Committee every_three_years on the application of the provisions of this_Part).
▷(This_report shall take_account of the development_of_the_Union).
#h3.3.8c1#
▷(On this_basis, and without prejudice to the other_provisions of the_Treaties, the Council, [acting] unanimously in_accordance_with a special_legislative_procedure and after obtaining the consent of the European_Parliament, may adopt provisions to strengthen or to add to the rights [listed] in Article_20.2. These_provisions shall enter into force after their_approval by the Member_States in_accordance_with their_respective constitutional_requirements). #h3.3.8c2#
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). #h3.4.1.1c1#
2. ▷(The internal_market shall comprise an_area without internal_frontiers in which the free movement of goods, persons, services and capital is_ensured in_accordance_with the provisions of the_Treaties). #h3.4.1.1c2#
3. ▷(The Council, on a proposal_from_the_Commission, [shall determine] the guidelines and conditions necessary to ensure balanced_progress in all_the_sectors_concerned). #h3.4.1.1c3#
▷(When [drawing_up] its_proposals with a view to achieving the objectives [set_out] in Article_26), the Commission shall take_into_account the extent of the effort that certain economies showing differences in development will_have to sustain for the establishment of the internal_market and it may propose appropriate_provisions). #h3.4.1.2c1#
▷((If these_provisions [take] the form of derogations), ((they{provisions} [must be] of a temporary_nature) and ([must cause] the least_possible_disturbance to the functioning_of_the_internal_market))). #h3.4.1.2c2#
1. ▷(The_Union [shall comprise] a customs_union which shall cover all_trade_in goods and which shall involve the prohibition between Member_States of customs_duties on imports and exports and of all_charges having equivalent_effect, and the adoption of a common_customs tariff in their_relations with third_countries). #h3.4.2.1c1#
2. ▷(The provisions of Article_30 and of Chapter_2 of this_Title [shall apply] to products originating in Member_States and to products coming from third_countries which are in free circulation in Member_States). #h3.4.2.1c2#
▷((Products [coming] from a third_country) [shall be_considered] to be in free_circulation in a Member_State ((if the import_formalities have_been_complied_with and (any_customs_duties or (charges having equivalent_effect (which{charges} are payable))) have_been_levied in that_Member_State), and (if they have_not_benefited from a (total or partial)_drawback of such_duties or charges))). #h3.4.2.2c1#
▷(((Customs_duties on (imports and exports)) and (charges having equivalent_effect)) [shall be_prohibited] between Member_States).
▷(This_prohibition [shall also apply] to customs_duties of a fiscal_nature).
#h3.4.2.1.1c1#
▷(Common Customs Tariff duties [shall be_fixed] by the Council on a proposal_from_the_Commission). #h3.4.2.1.2c1#
▷(In carrying_out the tasks entrusted to it under this_Chapter the Commission [shall be_guided] by:
(a) the need to [promote] trade between Member_States and third_countries;
(b) developments in conditions_of_competition within the_Union (in_so_far_as (they) [lead] to an_improvement in the competitive_capacity of undertakings);
(c) the requirements_of_the_Union as_regards the supply of raw_materials and semi_finished goods; in this_connection the Commission shall take care to avoid distorting conditions_of_competition between Member_States in respect of finished goods;
(d) the need to avoid serious disturbances in the economies of Member_States and to ensure rational development of production and an_expansion of consumption within the_Union).
#h3.4.2.1.3c1#
▷(Within the scope of application of the_Treaties, the European_Parliament and the Council, [acting] in_accordance_with the ordinary_legislative_procedure, shall take measures in_order to strengthen customs_cooperation between Member_States and between the latter and the Commission). #h3.4.2.2.1c1#
▷(((Quantitative_restrictions on imports) and (all_measures [having] equivalent_effect)) [shall be_prohibited] between Member_States). #h3.4.2.3.1c1#
▷((Quantitative_restrictions on exports, and all_measures having equivalent_effect), [shall be_prohibited] between Member_States). #h3.4.2.3.2c1#
▷((The provisions of Articles 34 and 35) [shall not_preclude] ((prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public_morality, public_policy or public_security); (the protection of health and life of humans, animals or plants); (the protection of (national_treasures [possessing] (artistic, historic or archaeological)_value)); or (the protection of industrial and commercial property))).
▷(Such_prohibitions or restrictions [shall not, however, constitute] a means of arbitrary_discrimination or a disguised_restriction on trade between Member_States).
#h3.4.2.3.3c1#
1. ▷(Member_States [shall adjust] (any_State_monopolies of a commercial_character) (so_as (to [ensure] (that ((no_discrimination ([regarding] the conditions (under which{conditions} (goods) [are_procured and marketed])) [exists] between (nationals of Member_States)))))).
▷((The provisions of this_Article) [shall apply] (to any_body (through which{body} a Member_State, (in law) or (in fact), (either directly or indirectly) [supervises, determines or appreciably influences] (imports or exports) between Member_States))).
▷(These_provisions) [shall likewise apply] (to monopolies (delegated by the State to others)).
#h3.4.2.3.4c1#
2. ▷(Member_States) [shall refrain] from introducing any_new_measure (which [is] contrary to the principles [laid_down] in paragraph_1) (or which [restricts] the scope of the articles dealing with the prohibition of customs_duties and quantitative_restrictions between Member_States). #h3.4.2.3.4c2#
3. ▷(If a State_monopoly of a commercial_character has rules which are designed to make it easier to dispose of agricultural_products or obtain for them the best return, (steps) [should_be_taken] (in applying (the rules [contained] in this_Article)) (to ensure equivalent safeguards for the employment and standard_of_living of the producers_concerned). #h3.4.2.3.4c3#
1. ▷(The_Union [shall define and implement] a common_agriculture_and_fisheries_policy).
▷(The internal_market shall extend to agriculture, fisheries and trade in agricultural_products).
▷"Agricultural_products" [means] (the products (of the soil), (of stockfarming) and (of fisheries)) and (products of (first_stage_processing (directly) [related] to these_products)).
▷(((References to (the common_agricultural_policy or to agriculture)), and (the use of the term "agricultural")), [shall be_understood] (as also [referring] to fisheries, having regard to the specific_characteristics of this_sector)).
#h3.4.3.1c1#
2. ▷(Save as otherwise [provided] in Articles 39 to 44, the rules [laid_down] for the establishment and functioning_of_the_internal_market [shall apply] to agricultural_products). #h3.4.3.1c2#
3. ▷(The products subject to the provisions of Articles 39 to 44 are listed in Annex_I). #h3.4.3.1c3#
4. ▷(The operation and development of the internal_market for agricultural_products must be_accompanied by the establishment of a common_agricultural_policy). #h3.4.3.1c4#
1. ▷(The objectives_of_the_common_agricultural_policy [shall be] (:
(a) (to [increase] agricultural_productivity (by promoting technical_progress) and (by ensuring ((the rational_development of agricultural_production) and (the optimum_utilisation of (the factors of production, (in particular) labour)))));
(b) (thus to ensure a fair_standard_of_living for the agricultural community, (in particular) by increasing the individual earnings of persons engaged in agriculture);
(c) (to stabilise markets);
(d) (to assure the availability of supplies);
(e) (to ensure that supplies reach_consumers at reasonable prices))).
#h3.4.3.2c1#
2. ▷((In [working_out] (the common_agricultural_policy and the special_methods for its_application)), (account) [shall be_taken] (of:
(a) the particular_nature of agricultural_activity, which results from the social structure of agriculture and from structural and natural disparities between the various agricultural_regions;
(b) the need to effect the appropriate_adjustments by degrees;
(c) (the fact that in the Member_States agriculture [constitutes] (a sector closely [linked] with (the economy as a whole))))).
#h3.4.3.2c2#
1. ▷(In_order to attain the objectives [set_out] in Article_39, a common_organisation_of_agricultural_markets shall be_established).
▷(This_organisation shall take one of the following_forms, depending on the product_concerned:
(a) common_rules on competition;
(b) compulsory coordination of the various national_market_organisations;
(c) a European_market_organisation).
#h3.4.3.3c1#
2. ▷(The common_organisation established in_accordance_with paragraph_1 may include all_measures required to attain the objectives [set_out] in Article_39, (in particular) regulation of prices, aids for (the production and marketing) of the various_products, storage and carryover arrangements and common_machinery for stabilising imports or exports).
▷(The common_organisation (([shall be_limited] to pursuit of the objectives [set_out] in Article_39) and ([shall exclude] any_discrimination between ((producers or consumers) within the_Union)))).
▷(Any_common_price_policy shall be_based on common_criteria and uniform methods of calculation).
#h3.4.3.3c2#
3. ▷((In_order to [enable] the common_organisation [referred_to] in paragraph_1 to [attain] its_objectives), (one or more)_agricultural_(guidance_and_guarantee)_funds [may be_set_up]). #h3.4.3.3c3#
▷(To [enable] the objectives [set_out] in Article_39 to be_attained, provision may be_made within the framework of the common_agricultural_policy for measures such_as:
(a) an_effective_coordination of efforts in the spheres of vocational_training, of research and of (the dissemination of agricultural_knowledge); this_may include joint financing of projects or institutions;
(b) joint measures to [promote] consumption of certain products).
#h3.4.3.4c1#
▷(The provisions of the Chapter relating to rules on competition [shall apply] to production of and trade in agricultural_products only to the extent determined by the European_Parliament and the Council within the framework of Article_43.2 and in_accordance_with the procedure [laid_down] therein, account being_taken of the objectives [set_out] in Article_39). #h3.4.3.5c1#
▷(The Council, on a proposal_from_the_Commission, [may authorise] (the granting of aid):
(a) (for the protection of enterprises [handicapped] by (structural or natural)_conditions);
(b) (within the framework of economic_development_programmes)).
#h3.4.3.5c2#
1. ▷(The Commission [shall submit] proposals for [working_out and implementing] the common_agricultural_policy, including the replacement of the national_organisations by one of the forms of common_organisation [provided_for] in Article_40.1, and for implementing (the measures [specified] in this_Title)).
▷(These_proposals [shall take_account] of the interdependence of the agricultural_matters [mentioned] in this_Title).
#h3.4.3.6c1#
2. ▷(The European_Parliament and the Council, [acting] in_accordance_with the ordinary_legislative_procedure and after consulting the Economic_and_Social_Committee, shall establish the common_organisation_of_agricultural_markets [provided_for] in Article_40.1 and the other_provisions necessary for the pursuit of the objectives_of_the_common_agricultural_policy and the common_fisheries_policy). #h3.4.3.6c2#
3. ▷(The Council, on a proposal_from_the_Commission, [shall adopt] measures on fixing_prices, levies, aid and quantitative_limitations and (on (the fixing and allocation) of fishing_opportunities)). #h3.4.3.6c3#
4. ▷((In accordance_with paragraph_1), the national_market_organisations [may be_replaced] (by the common_organisation [provided_for] in Article_40.1) (if:
(a) (the common_organisation [offers] Member_States which{MS} are_opposed to this_measure and which have an_organisation of their_own for the production in question equivalent safeguards for the employment and standard_of_living of the producers_concerned, account_being_taken of the adjustments that will_be_possible and the specialisation ((that{specialization}) [will_be_needed] with the passage of time));
(b) (such_an_organisation [ensures] (conditions for trade within the_Union) similar (to those{conditions} existing in a national_market)))).
#h3.4.3.6c4#
5. ▷((If (a common_organisation for certain raw_materials) [is_established] before (a common_organisation [exists] for the corresponding processed_products)), (such_raw_materials (as [are_used] for (processed_products [intended] for (export to third_countries)))) [may be_imported] (from outside the_Union)). #h3.4.3.6c5#
▷(Where in a Member_State a product is_subject to a national_market_organisation or to internal_rules having equivalent_effect which affect the competitive_position of similar_production in another_Member_State, a countervailing_charge [shall be_applied] by Member_States to imports of this_product coming from the Member_State where (such_organisation or rules) exist, unless that_State [applies] a countervailing_charge on export). #h3.4.3.7c1#
▷(The Commission [shall fix] the amount of these charges at the level required to redress the balance; it [may also authorise] other_measures, the conditions and details of which it shall determine). #h3.4.3.7c2#
1. ▷(Freedom_of_movement for workers) [shall be_secured] (within the_Union). #h3.4.4.1.1c1#
2. ▷(Such_freedom_of_movement) [shall entail] the abolition of any_discrimination based on nationality between workers of the Member_States as_regards employment, remuneration and other_conditions of work and employment). #h3.4.4.1.1c2#
3. ▷(It [shall entail] the right, (subject to limitations justified on grounds of public_policy, public_security or public_health):
(a) (to [accept] (offers of (employment actually made)));
(b) (to [move] freely within (the territory of Member_States) for this_purpose);
(c) to stay in a Member_State for the purpose of employment in_accordance_with the provisions governing the employment of nationals of that_State [laid_down] by law_regulation_or_administrative_action;
(d) to remain in the territory_of_a_Member_State after having been_employed in that_State, subject to conditions which shall be_embodied in regulations to [be_drawn_up] by the Commission).
#h3.4.4.1.1c3#
4. ▷(The provisions of this_Article [shall not_apply] to employment in the public_service). #h3.4.4.1.1c4#
▷(The European_Parliament and the Council shall, [acting] in_accordance_with the ordinary_legislative_procedure and after consulting the Economic_and_Social_Committee, issue directives or make regulations setting_out the measures required to bring about freedom_of_movement for workers, as [defined] in Article_45, in particular:
(a) (by ensuring close_cooperation between national_employment_services);
(b) (by abolishing those_administrative_procedures and practices and those_qualifying_periods in respect of eligibility for available employment, whether [resulting] from national_legislation or from agreements previously concluded between Member_States, the maintenance of which{aggrements} [would_form] an_obstacle to liberalisation of the movement_of_workers);
(c) (by abolishing all_such_qualifying_periods and other_restrictions provided_for either under national_legislation or under agreements previously concluded between Member_States as imposed on workers of other_Member_States conditions regarding the free choice of employment other than those imposed on workers_of_the_State_concerned);
(d) (by [setting_up] appropriate_machinery to bring offers of employment into touch with applications for employment and to facilitate the achievement of a balance between (supply and demand) in the employment_market in such_a_way as to avoid serious threats to the standard_of_living and level_of_employment in the various regions and industries)).
#h3.4.4.1.2c1#
▷(Member_States [shall, within the framework of a joint_programme, encourage] (the exchange of young_workers)). #h3.4.4.1.3c1#
▷(The European_Parliament and the Council [shall, [acting] in_accordance_with the ordinary_legislative_procedure, adopt] such_measures in the field of social_security as [are] necessary to provide freedom_of_movement for workers; to this_end, they shall make arrangements to secure for (employed and self_employed)_migrant_workers and their_dependants:
(a) aggregation, for the purpose of acquiring and retaining the right to benefit and of calculating the amount of benefit, of all_periods taken into account under the laws of the several_countries;
(b) payment of benefits to persons resident in the territories of Member_States).
#h3.4.4.1.4c1#
▷(Where a member_of_the_Council [declares] that a draft_legislative_act [referred_to] in the first_subparagraph would_affect important aspects of its_social_security_system, including its_scope, cost or financial structure, or would_affect the financial_balance of that_system, it may request that the matter be_referred to the European_Council).
▷(In that_case, the ordinary_legislative_procedure shall be_suspended).
▷(After discussion, the European_Council shall, within four months of this_suspension, either:
(a) (refer the draft back to the Council, which [shall terminate] the suspension of the ordinary_legislative_procedure); or
(b) (take no_action or request the Commission to submit a new proposal;
in that_case, the act originally proposed shall be_deemed not to have_been_adopted)).
#h3.4.4.1.4c2#
▷(Within the framework of the provisions [set_out] (below)), restrictions on the freedom_of_establishment of nationals of a Member_State in the territory of another_Member_State shall be_prohibited).
▷(Such_prohibition [shall also apply] to restrictions on the setting_up of agencies, branches or subsidiaries by nationals of any_Member_State established in the territory of any_Member_State).
#h3.4.4.2.1c1#
▷((Freedom of establishment) [shall include] (the right to [take_up and pursue] (activities as (self_employed_persons and (to [set_up and manage] undertakings, (in particular (companies or firms) (within the meaning of the second_paragraph of Article_54, under the conditions [laid_down] for its_own nationals by the law of the country where such_establishment is_effected, (subject to the provisions of (the Chapter relating to capital))))))))). #h3.4.4.2.1c2#
1. ▷(In_order to attain freedom_of_establishment as_regards a particular activity, the European_Parliament and the Council, [acting] in_accordance_with the ordinary_legislative_procedure and after consulting the Economic_and_Social_Committee, [shall act] by means of directives). #h3.4.4.2.2c1#
2. ▷(The European_Parliament, the Council and the Commission shall carry_out the duties devolving upon them under the preceding_provisions, in particular:
(a) (by according, as a general_rule, priority_treatment to activities where freedom_of_establishment [makes] a particularly_valuable_contribution to the development of production and trade);
(b) (by ensuring close cooperation between the competent_authorities in the Member_States in_order to ascertain the particular situation within the_Union of the various activities_concerned);
(c) (by abolishing those_administrative_procedures and practices, whether resulting from national_legislation or from agreements previously concluded between Member_States, the maintenance of which{agreements} would_form an_obstacle to freedom_of_establishment);
(d) (by ensuring that workers of one_Member_State employed in the territory of another_Member_State may remain in that_territory for the purpose of taking up activities therein as self_employed_persons, where they satisfy the conditions which they would_be_required to satisfy if they [were_entering] that_State at the time when they intended to take_up such_activities);
(e) (by [enabling] (a national of one_Member_State) to acquire and use land and buildings situated in the territory of another_Member_State, in_so_far_as this_does_not_conflict with the principles [laid_down] in Article_39.2);
(f) (by effecting the progressive_abolition of restrictions on freedom_of_establishment in every_branch of activity under consideration, both as_regards the conditions for setting_up agencies, branches or subsidiaries in the territory_of_a_Member_State and as_regards the subsidiaries in the territory_of_a_Member_State and as_regards the conditions governing the entry of personnel belonging to the main_establishment into (managerial or supervisory)_posts in such_agencies, branches or subsidiaries);
(g) (by coordinating to the necessary_extent the safeguards which, for the protection of the interests of members and others, are required by Member_States of companies or firms within the meaning of the second_paragraph of Article_54 with a view to making such_safeguards equivalent (throughout the_Union));
(h) (by [satisfying] themselves that (the conditions of establishment) [are_not_distorted] (by (aids [granted] by Member_States)))).
#h3.4.4.2.2c2#
▷((The provisions of this_Chapter) [shall not_apply], (so_far_as any_given_Member_State is_concerned), to activities which in that_State are_connected, even occasionally, with (the exercise of official_authority)). #h3.4.4.2.3c1#
▷((The European_Parliament and the Council), ([acting] in_accordance_with the ordinary_legislative_procedure), [may rule] (that (the provisions of this_Chapter) [shall not_apply] (to certain activities))). #h3.4.4.2.3c2#
1. ▷(The provisions of this_Chapter and measures taken in pursuance thereof [shall not_prejudice] the applicability of provisions [laid_down] by law_regulation_or_administrative_action providing for special_treatment for foreign_nationals on grounds of public_policy, public_security or public_health). #h3.4.4.2.4c1#
2. ▷(The European_Parliament and the Council shall, [acting] in_accordance_with the ordinary_legislative_procedure, issue directives for the coordination of the above_mentioned_provisions). #h3.4.4.2.4c2#
1. ▷(In_order to make it easier for persons to take_up and pursue activities as self_employed_persons, the European_Parliament and the Council shall, [acting] in_accordance_with the ordinary_legislative_procedure, issue directives for the mutual recognition of diplomas, certificates and other_evidence of formal_qualifications and for the coordination of the provisions [laid_down] by law_regulation_or_administrative_action in Member_States concerning the taking_up and pursuit of activities as self_employed_persons). #h3.4.4.2.5c1#
2. ▷(In the case of the medical and allied and pharmaceutical professions, the progressive abolition of restrictions shall be_dependent upon coordination of the conditions for their_exercise in the various Member_States). #h3.4.4.2.5c2#
▷((Companies or firms [formed] in_accordance_with the law of a Member_State and having their_(registered_office, central_administration or principal_place) of business within the_Union) [shall, (for the purposes of this_Chapter), be_treated] (in the same_way as (natural_persons who [are] nationals of Member_States))). #h3.4.4.2.6c1#
▷("Companies or firms" [means] ((((companies or firms) [constituted] under civil_or_commercial_law), (including (cooperative_societies, and other_legal_persons governed by (public or private)_law))), (save for those which are non_profit_making))). #h3.4.4.2.6c2#
▷(Member_States shall accord nationals of the other_Member_States the same_treatment as their_own nationals as_regards participation in the capital of companies or firms within the meaning of Article_54, without prejudice to the application of the other_provisions of the_Treaties). #h3.4.4.2.7c1#
▷(Within the framework of the provisions set_out below, restrictions on freedom to provide services within the_Union shall be_prohibited in respect of nationals of Member_States who are_established in a Member_State other than that of the person for whom the services are intended). #h3.4.4.3.1c1#
▷(The European_Parliament and the Council, [acting] in_accordance_with the ordinary_legislative_procedure, may extend the provisions of the Chapter to nationals of a third_country who [provide] services and who are established within the_Union). #h3.4.4.3.1c2#
▷(Services shall be_considered to be_"services" within the meaning of the_Treaties where they are normally provided_for remuneration, in_so_far_as [they] [are_not_governed] by the provisions relating to freedom_of_movement for goods, capital and persons). #h3.4.4.3.2c1#
▷"Services" shall (in particular) include:
(a) activities of an_industrial_character;
(b) activities of a commercial_character;
(c) activities of craftsmen;
(d) activities of the professions).
#h3.4.4.3.2c2#
▷(Without prejudice to the provisions of the Chapter relating to the right_of_establishment, the person providing a service may, in_order to do so, temporarily pursue his_activity in the Member_State where the service is_provided, under the same_conditions as are imposed by that State on its_own nationals). #h3.4.4.3.2c3#
1. ▷(Freedom to provide services in the field of transport shall be_governed by the provisions of (the Title relating to transport)). #h3.4.4.3.3c1#
2. ▷((The liberalisation of (banking and insurance)_services [connected] with movements_of_capital) [shall be_effected] in_step_with (the liberalisation of movement_of_capital)). #h3.4.4.3.3c2#
1. ▷((In_order to achieve the liberalisation of a specific_service), (the European_Parliament and the Council), ([acting] in_accordance_with the ordinary_legislative_procedure and after consulting the Economic_and_Social_Committee), [shall issue] directives). #h3.4.4.3.4c1#
2. ▷((As_regards the directives [referred_to] in paragraph_1), priority [shall (as a general_rule) be_given] (to those{following}_services ((which{services} directly [affect] production_costs) or (the liberalisation of which{services} [helps] to [promote] trade_in goods)))). #h3.4.4.3.4c2#
▷(The Member_States shall endeavour to undertake the liberalisation of services beyond the extent required by the directives issued pursuant_to Article_59.1, if their_general_economic_situation and the situation of the economic_sector_concerned so permit). #h3.4.4.3.5c1#
▷(To this_end, the Commission shall make_recommendations to the Member_States_concerned). #h3.4.4.3.5c2#
▷(As_long_as restrictions on freedom to provide services have_not_been_abolished, each_Member_State [shall apply] such_restrictions without distinction on grounds of nationality or residence to all_persons providing services within the meaning of the first_paragraph of Article_56). #h3.4.4.3.6c1#
▷(The provisions of Articles 51 to 54 [shall apply] to the matters [covered] by this_Chapter). #h3.4.4.3.7c1#
1. ▷(Within the framework of the provisions [set_out] in this_Chapter, all_restrictions on the movement_of_capital between Member_States and between Member_States and third_countries shall be_prohibited). #h3.4.4.4.1c1#
2. ▷(Within the framework of the provisions [set_out] in this_Chapter, all_restrictions on payments between Member_States and between Member_States and third_countries shall be_prohibited). #h3.4.4.4.1c2#
1. ▷(The provisions of Article_63 shall be without prejudice to the application to third_countries of any_restrictions which{restrictions} [exist] on 31_December_1993 under national_or_Union_law adopted in respect of the movement_of_capital to or from third_countries involving direct investment — including in real estate — establishment, the provision of financial services or the admission of securities to capital_markets).
▷((In respect of restrictions [existing] under national_law in (Bulgaria, Estonia and Hungary)), the relevant_date [shall be] 31_December_1999).
#h3.4.4.4.2c1#
2. ▷(Whilst endeavouring to achieve the objective of free movement_of_capital between Member_States and third_countries to the greatest extent possible and without prejudice to the other_Chapters of the_Treaties, the European_Parliament and the Council, [acting] in_accordance_with the ordinary_legislative_procedure, [shall adopt] the measures on the movement_of_capital to or from third_countries involving direct investment — including investment in real estate — establishment, the provision of financial services or the admission of securities to capital markets). #h3.4.4.4.2c2#
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). #h3.4.4.4.2c3#
1. ▷(The provisions of Article_63 shall be without prejudice to the right of Member_States:
(a) to apply the relevant provisions of their_tax law which distinguish between taxpayers who [are_not] in the same_situation with_regard_to their_place of residence or with_regard_to the place where their_capital is_invested;
(b) to take all_requisite_measures to prevent infringements of national_law and regulations, (in particular) in the field of taxation and the prudential_supervision of financial_institutions, or to lay_down procedures for the declaration of capital_movements for purposes of (administrative or statistical)_information, or to take measures which are_justified on grounds of public_policy or public_security).
#h3.4.4.4.3c1#
2. ▷(The provisions of this_Chapter [shall be] without prejudice to the applicability of restrictions on the right_of_establishment which are compatible with the_Treaties). #h3.4.4.4.3c2#
3. ▷(The measures and procedures [referred_to] in paragraphs 1 and 2 [shall not_constitute] a means of arbitrary_discrimination or a disguised_restriction on the free movement_of_capital and payments as [defined] in Article_63). #h3.4.4.4.3c3#
4. ▷(In the absence of measures pursuant_to Article_64.3, 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 in_so_far_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).
#h3.4.4.4.3c4#
▷((Where, in exceptional_circumstances, (movements_of_capital (to or from) third_countries) [cause, or threaten to cause], (serious_difficulties for the operation of economic_and_monetary_union)), the Council, on a proposal_from_the_Commission and after consulting the European_Central_Bank, [may take] safeguard_measures with_regard_to third_countries for a period not_exceeding six_months if such_measures [are] strictly necessary). #h3.4.4.4.4c1#
1. ▷(The_Union [shall constitute] an_area of freedom_security_and_justice with respect for fundamental_rights and the different_legal_systems and traditions of the Member_States). #h3.4.5.1.1c1#
2. ▷(It shall ensure the absence of internal border controls for persons and shall frame a common_policy on asylum, immigration and external_border_control, based on solidarity between Member_States, which is_fair towards third_country_nationals).
▷((For the purpose of this_Title), stateless_persons [shall be_treated] as third_country_nationals).
#h3.4.5.1.1c2#
3. ▷(The_Union [shall endeavour] (to ensure a high level of security (through (measures) :to [prevent and combat] crime, racism and xenophobia), and (through measures for coordination and cooperation between police and judicial authorities and other_competent_authorities), (as_well_as through the mutual recognition of judgments in criminal_matters and, if necessary, through the approximation of criminal_laws)). #h3.4.5.1.1c3#
4. ▷(The_Union [shall facilitate] access to justice, (in particular) through the principle_of_mutual_recognition of judicial and extrajudicial_decisions in civil_matters). #h3.4.5.1.1c4#
▷(The European_Council [shall define] the strategic_guidelines for (legislative and operational)_planning within the area of freedom_security_and_justice). #h3.4.5.1.2c1#
▷(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)). #h3.4.5.1.3c1#
▷(Without prejudice to Articles 258, 259 and 260, 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)).
#h3.4.5.1.4c1#
▷(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_240, 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)).
#h3.4.5.1.5c1#
▷(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). #h3.4.5.1.6c1#
▷(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). #h3.4.5.1.7c1#
▷(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_76, and after consulting the European_Parliament).
#h3.4.5.1.8c1#
▷(Where necessary to achieve the objectives [set_out] in Article_67, 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)). #h3.4.5.1.9c1#
▷(The Council, on a proposal_from_the_Commission, [shall adopt] measures to implement the framework [referred_to] in the first_paragraph). #h3.4.5.1.9c2#
▷(The acts [referred_to] in this_Article shall include necessary_provisions on legal_safeguards). #h3.4.5.1.9c3#
▷(The acts [referred_to] in Chapters 4 and 5, (together with) the measures [referred_to] in Article_74 which [ensure] administrative_cooperation in the areas covered by these Chapters, shall be_adopted:
(a) on a proposal_from_the_Commission, or
(b) on the initiative of a quarter of the Member_States).
#h3.4.5.1.10c1#
1. ▷(The_Union [shall develop] a policy with a view to:
(a) [ensuring] the absence of any_controls on persons, whatever_their_nationality, when crossing internal_borders;
(b) carrying_out checks on persons and efficient_monitoring of the crossing_of_external_borders;
(c) the gradual introduction of an_integrated management_system for external_borders).
#h3.4.5.2.1c1#
2. ▷(For the purposes of paragraph_1, the European_Parliament and the Council, [acting] in_accordance_with the ordinary_legislative_procedure, [shall adopt] measures concerning:
(a) the common_policy on visas and other_short_stay_residence_permits;
(b) the checks to which persons crossing external_borders are subject;
(c) the conditions under which nationals of third_countries [shall have] the freedom to travel within the_Union for a short_period;
(d) any_measure necessary for the gradual_establishment of an_integrated management_system for external_borders;
(e) the absence of any_controls on persons, whatever_their_nationality, when crossing internal_borders).
#h3.4.5.2.1c2#
3. ▷(If action_by_the_Union should prove necessary to facilitate the exercise of the right [referred_to] in Article_20.2.a, and if the_Treaties have_not_provided the necessary_powers, the Council, [acting] in_accordance_with a special_legislative_procedure, may adopt provisions concerning passports, identity_cards, residence_permits or any_other_such_document).
▷(The Council [shall act] unanimously after consulting the European_Parliament).
#h3.4.5.2.1c3#
4. ▷(This_Article [shall not_affect] the competence of the Member_States concerning the geographical_demarcation of their_borders, in_accordance_with international_law). #h3.4.5.2.1c4#
1. ▷(The_Union [shall develop] a common_policy on asylum, subsidiary_protection and temporary_protection with a view to [offering] appropriate_status to any_third_country_national requiring international_protection and [ensuring] compliance with the principle_of_non_refoulement).
▷(This_policy [must be] in_accordance_with the Geneva_Convention of 28_July_1951 and the Protocol of 31_January_1967 relating to the status of refugees, and other_relevant treaties).
#h3.4.5.2.2c1#
2. ▷((For the purposes of paragraph_1), (the European_Parliament and the Council), ([acting] in_accordance_with the ordinary_legislative_procedure), [shall adopt] (measures for (a common_European_asylum_system ([comprising]:
(a) a uniform_status of asylum for nationals of third_countries, valid throughout the_Union;
(b) a uniform_status of subsidiary_protection for nationals of third_countries who, without obtaining European_asylum, are in need of international_protection;
(c) a common_system of temporary_protection for displaced persons in the event of a massive inflow;
(d) (common_procedures for the (granting and withdrawing) of uniform_asylum or subsidiary_protection_status);
(e) criteria and mechanisms for determining which_Member_State is_responsible for considering an_application for asylum or subsidiary_protection;
(f) standards [concerning] (the conditions for (the reception of (applicants for (asylum or subsidiary)_protection)));
(g) (partnership and cooperation with third_countries for the purpose of managing inflows of people [applying] for (asylum or subsidiary_or_temporary_protection)))))).
#h3.4.5.2.2c2#
3. ▷(In the event of (one or more) Member_States being_confronted by an_emergency_situation characterised by a sudden inflow of nationals of third_countries, the Council, on a proposal_from_the_Commission, may adopt provisional_measures for the benefit of the Member_State(s)_concerned).
▷(It [shall act] after ([consulting] the European_Parliament)).
#h3.4.5.2.2c3#
1. ▷(The_Union [shall develop] a common_immigration_policy aimed at ensuring, at all_stages, the efficient_management of migration flows, fair treatment of third_country_nationals [residing] legally in Member_States, and the prevention of, and enhanced measures to combat, illegal_immigration and trafficking in human_beings). #h3.4.5.2.3c1#
2. ▷(For the purposes of paragraph_1, the European_Parliament and the Council, [acting] in_accordance_with the ordinary_legislative_procedure, [shall adopt] measures in the following_areas:
(a) the conditions of entry and residence, and standards on the issue by Member_States of long_term_visas and residence_permits, including those for the purpose of family_reunification;
(b) (the definition of the rights of third_country_nationals residing legally in a Member_State, including the conditions governing freedom_of_movement and of residence in other_Member_States);
(c) illegal_immigration and unauthorised_residence, including removal and repatriation of persons residing without authorisation;
(d) combating trafficking in persons, (in particular) women and children).
#h3.4.5.2.3c2#
3. ▷(The_Union [may conclude] agreements with third_countries for the readmission to their_countries of origin or provenance of third_country_nationals who do_not or who no_longer fulfil the conditions for entry, presence or residence in the territory of one of the Member_States). #h3.4.5.2.3c3#
4. ▷(The European_Parliament and the Council, [acting] in_accordance_with the ordinary_legislative_procedure, may establish measures to provide incentives and support for the action of Member_States with a view to promoting the integration of third_country_nationals residing legally in their_territories, excluding any_harmonisation of the laws_and_regulations of the Member_States). #h3.4.5.2.3c4#
5. ▷(This_Article [shall not_affect] the right of Member_States to determine volumes of admission of third_country_nationals coming from third_countries to their_territory in_order to seek work, whether employed or self_employed). #h3.4.5.2.3c5#
▷(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).
#h3.4.5.2.4c1#
1. ▷(The_Union [shall develop] judicial_cooperation in civil_matters having cross_border_implications, based on the principle_of_mutual_recognition of judgments and of decisions in extrajudicial_cases).
▷(Such_cooperation may include the adoption of measures for the approximation of the laws_and_regulations of the Member_States).
#h3.4.5.3.1c1#
2. ▷(For the purposes of paragraph_1, the European_Parliament and the Council, [acting] in_accordance_with the ordinary_legislative_procedure, [shall adopt] measures, particularly when necessary for the proper_functioning_of_the_internal_market, aimed at ensuring:
(a) the mutual recognition and enforcement between Member_States of judgments and of decisions in extrajudicial_cases;
(b) the cross_border service of judicial and extrajudicial documents;
(c) the compatibility of the rules applicable in the Member_States concerning conflict of laws and of jurisdiction;
(d) cooperation in the taking of evidence;
(e) effective access to justice;
(f) the elimination of obstacles to the proper_functioning of civil_proceedings, if necessary by promoting the compatibility of the rules on civil_procedure applicable in the Member_States;
(g) the development of alternative methods of dispute settlement;
(h) support for the training of the judiciary_and_judicial_staff).
#h3.4.5.3.1c2#
3. ▷(NotWithstanding paragraph_2, measures concerning family_law with cross_border_implications shall be_established by the Council, [acting] in_accordance_with a special_legislative_procedure).
▷(The Council [shall act] unanimously after consulting the European_Parliament).
▷(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).
#h3.4.5.3.1c3#
1. ▷(Judicial_cooperation in criminal_matters in the_Union shall be_based on the principle_of_mutual_recognition_of_judgments_and_judicial_decisions and shall include the approximation of the laws_and_regulations of the Member_States in the areas [referred_to] in paragraph_2 and in Article_83).
▷(The European_Parliament and the Council, [acting] in_accordance_with the ordinary_legislative_procedure, [shall adopt] measures to:
(a) lay_down rules and procedures for ensuring recognition throughout the_Union of all_forms of judgments and judicial_decisions;
(b) prevent and settle conflicts of jurisdiction between Member_States;
(c) support the training of the judiciary_and_judicial_staff;
(d) facilitate cooperation between judicial or equivalent authorities of the Member_States in_relation_to proceedings in criminal_matters and the enforcement of decisions).
#h3.4.5.4.1c1#
2. ▷(To the extent necessary to [facilitate] mutual_recognition of judgments and judicial_decisions and police_and_judicial_cooperation in criminal_matters having a cross_border_dimension), the European_Parliament and the Council [may, by means of directives adopted in_accordance_with the ordinary_legislative_procedure, establish] minimum_rules).
▷(Such_rules [shall take_into_account] (the differences between (the legal_traditions and systems of the Member_States))).
▷(They [shall concern]:
(a) mutual_admissibility of evidence between Member_States;
(b) the rights of individuals in criminal_procedure;
(c) the rights of victims of crime;
(d) any_other_specific_aspects of criminal_procedure which the Council has identified in advance by a decision; for the adoption of such_a_decision, the Council [shall act] unanimously after obtaining the consent of the European_Parliament).
▷((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))).
#h3.4.5.4.1c2#
3. ▷(Where a member_of_the_Council considers that a draft_directive as [referred_to] in paragraph_2 would_affect fundamental aspects of its_criminal_justice_system, it may request that the draft_directive be_referred to the European_Council).
▷(In that_case, the ordinary_legislative_procedure 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), (which{Cn} [shall terminate] the suspension of the ordinary_legislative_procedure)).
▷(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_20.2_of_the_Treaty_on_the_European_Union and Article_329.1 of this_Treaty) [shall be_deemed] to be_granted) and (the provisions on enhanced_cooperation [shall apply])).
#h3.4.5.4.1c3#
1. ▷(The European_Parliament and the Council [may, by means of directives adopted in_accordance_with the ordinary_legislative_procedure, establish] minimum_rules concerning the definition of criminal_offences and sanctions in the areas of particularly_serious_crime with a cross_border_dimension resulting from the nature or impact of such_offences or from a special_need to [combat] them on a common_basis).
▷(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).
#h3.4.5.4.2c1#
2. ▷(If the approximation of criminal_laws_and_regulations of the Member_States proves essential to ensure the effective implementation of a Union_policy in an_area which has_been_subject to harmonisation_measures, directives [may establish] minimum rules with_regard_to the definition of criminal_offences and sanctions in the area_concerned).
▷(Such_directives [shall be_adopted] by the same_ordinary or special_legislative_procedure as was_followed for the adoption of the harmonisation_measures in question, without prejudice to Article_76).
#h3.4.5.4.2c2#
3. ▷(Where a member_of_the_Council considers that a draft_directive as [referred_to] in paragraph_1 or 2 would_affect fundamental aspects of its_criminal_justice_system, it may request that the draft_directive be_referred to the European_Council).
▷(In that_case, the ordinary_legislative_procedure 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, which shall terminate the suspension of the ordinary_legislative_procedure).
▷(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_20.2_of_the_Treaty_on_the_European_Union and Article_329.1 of this_Treaty shall be_deemed to be_granted and the provisions on enhanced_cooperation [shall apply].
#h3.4.5.4.2c3#
▷(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)). #h3.4.5.4.3c1#
1. ▷(Eurojust's_mission shall be to support and strengthen coordination and cooperation between national investigating and prosecuting_authorities in_relation_to serious_crime affecting (two or more)_Member_States or requiring a prosecution on common_bases, on the basis of operations conducted and information [supplied] by (the Member_States'_authorities and by Europol)).
▷(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:
(a) the initiation of criminal_investigations, as_well_as proposing the initiation of (prosecutions [conducted] (by (competent_national_authorities, (particularly those{authorities} relating to (offences against the financial_interests_of_the_Union)))));
(b) the coordination of investigations and prosecutions [referred_to] in point (a);
(c) the strengthening of judicial_cooperation, including by resolution of conflicts of jurisdiction and by close cooperation with the European_Judicial_Network).
▷(These_regulations [shall also determine] arrangements for involving the European_Parliament and national_Parliaments in the evaluation of Eurojust's_activities).
#h3.4.5.4.4c1#
2. ▷(In the prosecutions [referred_to] in paragraph_1, and without prejudice to Article_86, formal_acts of judicial_procedure shall be_carried_out by the competent national_officials). #h3.4.5.4.4c2#
1. ▷(In_order to [combat] (crimes [affecting] (the financial_interests_of_the_Union)), (the Council), (by means of regulations adopted in_accordance_with a special_legislative_procedure), [may establish] a European_Public_Prosecutor's_Office from Eurojust).
▷(The Council [shall act] unanimously after (obtaining the consent of the European_Parliament)).
▷(In the absence of unanimity in the Council), 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_20.2_of_the_Treaty_on_the_European_Union and Article_329.1 of this_Treaty shall be_deemed to be_granted and the provisions on enhanced_cooperation [shall apply].
#h3.4.5.4.5c1#
2. ▷(The European_Public_Prosecutor's_Office [shall be_responsible] for investigating, prosecuting and (bringing to judgment), where appropriate_in liaison with Europol, the perpetrators of, and accomplices in, offences against the_Union's_financial_interests, as determined by the regulation [provided_for] in paragraph_1).
▷(It [shall exercise] the functions of prosecutor in the competent_courts of the Member_States in_relation_to such_offences).
#h3.4.5.4.5c2#
3. ▷((The regulations [referred_to] in paragraph_1) [shall determine] the general_rules applicable to the European_Public_Prosecutor's_Office, the conditions governing the performance of its_functions, the rules of procedure applicable to its_activities, as_well_as those governing the admissibility of evidence, and the rules applicable to the judicial review of procedural_measures [taken] by it in the performance of its_functions). #h3.4.5.4.5c3#
4. ▷(The European_Council may, at the same_time or subsequently, adopt a decision amending paragraph_1 in_order to extend the powers of the European_Public_Prosecutor's_Office to include serious_crime having a cross_border_dimension and amending accordingly paragraph_2 as_regards the perpetrators of, and accomplices in, serious_crimes [affecting] (more than one)_Member_State).
▷(The European_Council [shall act] unanimously after obtaining the consent of the European_Parliament and after consulting the Commission).
#h3.4.5.4.5c4#
1. ▷(The_Union [shall establish] police_cooperation involving all_the_Member_States'_competent_authorities, including police, customs and other_specialised_law_enforcement_services in_relation_to the (prevention, detection and investigation) of criminal_offences). #h3.4.5.5.1c1#
2. ▷(For the purposes of paragraph_1, the European_Parliament and the Council, [acting] in_accordance_with the ordinary_legislative_procedure, [may establish] measures concerning:
(a) (the (collection, storage, processing, analysis and exchange) of relevant_information);
(b) support for the training of staff, and cooperation on the exchange of staff, on equipment and on research into crime_detection;
(c) common_investigative_techniques in_relation_to (the detection of serious_forms of organised_crime)).
#h3.4.5.5.1c2#
3. ▷(The Council, [acting] in_accordance_with a special_legislative_procedure, may establish measures concerning operational_cooperation between the authorities [referred_to] in this_Article).
▷(The Council [shall act] unanimously after consulting the European_Parliament).
▷(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_20.2_of_the_Treaty_on_the_European_Union and Article_329.1 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).
#h3.4.5.5.1c3#
1. ▷(Europol's_mission [shall be] to support and strengthen action by the Member_States'_police_authorities and other_law_enforcement_services and their_mutual cooperation in preventing and combating serious_crime [affecting] (two or more)_Member_States, terrorism and forms of crime which affect a common_interest covered by a Union_policy). #h3.4.5.5.2c1#
2. ▷(The European_Parliament and the Council, by means of regulations adopted in_accordance_with the ordinary_legislative_procedure, [shall determine] Europol's_structure, operation, field_of_action and tasks).
▷(These_tasks may include:
(a) the collection, storage, processing, analysis and exchange of information, (in particular) that forwarded by the authorities of the Member_States or third_countries or bodies;
(b) the coordination, organisation and implementation of investigative_and_operational_action carried_out jointly with the Member_States'_competent_authorities or in the context of joint_investigative_teams, where appropriate_in liaison with Eurojust).
▷(These_regulations shall also lay_down the procedures for scrutiny of Europol's_activities by the European_Parliament, (together with) national_Parliaments).
#h3.4.5.5.2c2#
3. ▷(Any_operational_action by Europol must be_carried_out in liaison and in agreement with the authorities of the Member_State or States whose_territory is_concerned).
▷(The application of coercive_measures shall be the exclusive responsibility of the competent national_authorities).
#h3.4.5.5.2c3#
▷(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 82 and 87 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).
#h3.4.5.5.3c1#
▷(The objectives_of_the_Treaties shall, in matters governed by this_Title, be_pursued within the framework of a common_transport_policy). #h3.4.6.1c1#
1. ▷(For the purpose of implementing Article_90, and taking_into_account the distinctive features of transport, the European_Parliament and the Council shall, [acting] in_accordance_with the ordinary_legislative_procedure and after consulting the Economic_and_Social_Committee and the Committee_of_the_Regions, lay_down:
(a) common_rules applicable (to international_transport (to or from) the territory_of_a_Member_State) (or passing across (the territory of (one or more)_Member_States));
(b) the conditions under which non_resident_carriers may operate transport_services within a Member_State;
(c) measures to improve transport_safety;
(d) any_other_appropriate_provisions).
#h3.4.6.2c1#
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). #h3.4.6.2c2#
▷(Until the provisions [referred_to] in Article_91.1 have_been_laid_down, no_Member_State may, unless the Council has unanimously adopted a measure granting a derogation, make the various provisions governing the subject on 1_January_1958 or, for acceding_States, the date of their_accession less_favourable in their_direct or indirect effect on carriers of other_Member_States as compared with carriers who [are] nationals of that_State). #h3.4.6.3c1#
▷(Aids [shall be_compatible] with the_Treaties if they [meet] the needs of coordination of transport or if they [represent] reimbursement for the discharge of certain obligations inherent in (the concept of a public_service)). #h3.4.6.4c1#
▷(Any_measures taken within the framework of the_Treaties in respect of transport_rates and conditions shall take_account of the economic circumstances of carriers). #h3.4.6.5c1#
1. ▷(In the case of transport within the_Union, (discrimination which{discr} [takes] the form of carriers charging different_rates and imposing different_conditions for the carriage of the same_goods over the same_transport_links on grounds of the country of origin or of destination of the goods in question) [shall be_prohibited]). #h3.4.6.6c1#
2. ▷(Paragraph_1 shall not_prevent the European_Parliament and the Council from adopting other_measures pursuant_to Article_91.1). #h3.4.6.6c2#
3. ▷(The Council shall, on a proposal_from_the_Commission and after consulting the European_Parliament and the Economic_and_Social_Committee, lay_down rules for implementing the provisions of paragraph_1).
▷(The Council [may (in particular) lay_down] the provisions needed to enable the institutions_of_the_Union to [secure] compliance with the rule [laid_down] in paragraph_1 and to ensure that users [benefit] from it to the full).
#h3.4.6.6c3#
4. ▷(The Commission [shall, [acting] on its_own initiative or on application by a Member_State, investigate] any_cases of discrimination falling within paragraph_1 and, after consulting any_Member_State_concerned, shall take the necessary_decisions within the framework of the rules [laid_down] in_accordance_with the provisions of paragraph_3). #h3.4.6.6c4#
1. ▷(The imposition by a Member_State, in respect of transport_operations carried_out within the_Union, of rates and conditions involving any_element of support or protection in the interest of (one or more) particular undertakings or industries shall be_prohibited, unless authorised by the Commission). #h3.4.6.7c1#
2. ▷(The Commission [shall, ([acting] on its_own initiative or on application by a Member_State), examine] the (rates and conditions) [referred_to] in paragraph_1, taking_account (in particular) of the requirements of an_appropriate_regional_economic_policy, the needs of underdeveloped_areas and the problems of areas seriously affected by political_circumstances on the one hand, and of the effects of such_rates and conditions on competition between the different_modes of transport on the other).
▷(After consulting each_Member_State_concerned, the Commission shall take the necessary_decisions).
#h3.4.6.7c2#
3. ▷(The prohibition [provided_for] in paragraph_1 [shall not_apply] to tariffs fixed to meet competition). #h3.4.6.7c3#
▷(Charges or dues in respect of the crossing of frontiers which are charged by a carrier in addition to the transport_rates shall not_exceed a reasonable level after taking the costs actually incurred thereby into account). #h3.4.6.8c1#
▷(Member_States shall endeavour to reduce these costs progressively). #h3.4.6.8c2#
▷(The Commission [may make] recommendations to Member_States for the application of this_Article). #h3.4.6.8c3#
▷(The provisions of this_Title shall not_form an_obstacle to the application of measures taken in the Federal_Republic_of_Germany to the extent that such_measures are required in_order to compensate for the economic_disadvantages caused by the division of Germany to the economy of certain_areas of the Federal_Republic affected by that division).
▷((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))).
#h3.4.6.9c1#
▷(An_Advisory_Committee consisting of experts designated by the governments of Member_States [shall be_attached] (to the Commission).
▷(The Commission, (whenever it{Cm} considers it{next} desirable), [shall consult] the Committee on transport_matters).
#h3.4.6.10c1#
1. ▷(The provisions of this_Title) [shall apply] (to transport by rail, road and inland_waterway). #h3.4.6.11c1#
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).
#h3.4.6.11c2#
1. ▷(The following [shall be_prohibited] as incompatible with the internal_market: all_agreements between undertakings, decisions by associations_of_undertakings and concerted_practices which may affect trade between Member_States and which have as their_object or effect the (prevention, restriction or distortion) of competition within the internal_market, and (in particular) those which:
(a) (directly or indirectly) fix purchase_or_selling_prices or any_other_trading_conditions;
(b) limit or control production, markets, technical_development, or investment;
(c) share markets or sources of supply;
(d) apply dissimilar_conditions to equivalent_transactions with other_trading_parties, thereby placing them at a competitive disadvantage;
(e) make the conclusion of contracts subject to acceptance by the other_parties of supplementary obligations which, by their_nature or according_to commercial_usage, have no_connection with the subject of such_contracts).
#h3.4.7.1.1.1c1#
2. ▷(Any_agreements or decisions prohibited pursuant_to this_Article shall be automatically void). #h3.4.7.1.1.1c2#
3. ▷(The provisions of paragraph_1 may, however, be_declared inapplicable in the case of:
-- any_agreement or category of agreements between undertakings,
-- any_decision or category of decisions by associations_of_undertakings,
-- any_concerted_practice or category of concerted_practices,
which contributes to improving the production or distribution of goods or to promoting technical_or_economic_progress, while allowing consumers a fair share of the resulting benefit, and which does not:
(a) impose on the undertakings_concerned restrictions which are_not_indispensable to the attainment of these objectives;
(b) afford such_undertakings the possibility of eliminating competition in respect of a substantial_part of the products in question).
#h3.4.7.1.1.1c3#
▷(Any_abuse by (one or more) undertakings of a dominant position within the internal_market or in a substantial_part of it shall be_prohibited as incompatible with the internal_market in_so_far_as it may affect trade between Member_States). #h3.4.7.1.1.2c1#
▷(Such_abuse may, in particular, consist in:
(a) directly or indirectly imposing unfair_purchase_or_selling_prices or other_unfair trading_conditions;
(b) limiting production, markets or technical_development to the prejudice of consumers;
(c) applying dissimilar_conditions to equivalent transactions with other_trading parties, thereby placing them at a competitive disadvantage;
(d) making the conclusion of contracts subject to acceptance by the other_parties of supplementary obligations which, by their_nature or according_to commercial_usage, have no_connection with the subject of such_contracts).
#h3.4.7.1.1.2c2#
1. ▷(The appropriate_regulations or directives to give effect to the principles [set_out] in Articles 101 and 102 shall be_laid_down by the Council, on a proposal_from_the_Commission and after consulting the European_Parliament). #h3.4.7.1.1.3c1#
2. ▷(The regulations or directives [referred_to] in paragraph_1
shall be_designed in particular:
(a) to ensure compliance with the prohibitions [laid_down] in Article_101.1 and in Article_102 by making provision for fines and periodic penalty_payments;
(b) to lay_down detailed rules for the application of Article_101.3, taking_into_account the need to ensure effective_supervision on the one hand, and to simplify administration to the greatest possible extent on the other;
(c) to define, if need be, in the various branches of the economy, the scope of the provisions of Articles 101 and 102;
(d) to define the respective_functions of the Commission and of the Court_of_Justice_of_the_European_Union in applying the provisions [laid_down] in this_paragraph;
(e) to [determine] the relationship between national_laws and the provisions [contained] in this_Section or adopted pursuant_to this_Article).
#h3.4.7.1.1.3c2#
▷(Until the entry_into_force of the provisions [adopted] in pursuance of Article_103, the authorities in Member_States shall rule on the admissibility of agreements, decisions and concerted_practices and on abuse of a dominant position in the internal_market in_accordance_with the law of their_country and with the provisions of Article_101, (in particular) paragraph_3, and of Article_102). #h3.4.7.1.1.4c1#
1. ▷(Without prejudice to Article_104, the Commission shall ensure the application of the principles [laid_down] in Articles 101 and 102. On application by a Member_State or on its_own initiative, and in cooperation with the competent_authorities in the Member_States, which shall give it their_assistance, the Commission [shall investigate] cases of suspected infringement of these principles).
▷(If it finds that there_has_been an_infringement, it shall propose appropriate_measures to bring it to an_end).
#h3.4.7.1.1.5c1#
2. ▷(If the infringement is_not_brought to an_end, the Commission shall record such_infringement of the principles in a reasoned_decision).
▷(The Commission [may publish] its_decision and authorise Member_States to take the measures, the conditions and details of which it shall determine, needed to remedy the situation).
#h3.4.7.1.1.5c2#
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_103.2.b). #h3.4.7.1.1.5c3#
1. ▷((In the case of public_undertakings and undertakings to which Member_States grant special or exclusive_rights), Member_States [shall neither enact nor maintain] in force any_measure contrary to the rules contained in the_Treaties, (in particular) to those_rules [provided_for] in Article_18 and Articles 101 to 109). #h3.4.7.1.1.6c1#
2. ▷((Undertakings [entrusted] with the operation of services of general_economic_interest or having the character of a revenue_producing_monopoly) [shall be] subject to the rules contained in the_Treaties, (in particular) to the rules on competition, (in_so_far_as (the application of such_rules) [does_not_obstruct] (the performance, ((in law) or (in fact)), of (the particular_tasks assigned to them)))).
▷(The development of trade [must not_be_affected] to such_an_extent as would_be contrary to the interests_of_the_Union).
#h3.4.7.1.1.6c2#
3. ▷(The Commission [shall ensure] the application of the provisions of this_Article and [shall, where necessary, address] appropriate_directives or decisions to Member_States). #h3.4.7.1.1.6c3#
1. ▷((Save as otherwise [provided] in the_Treaties), ((any_aid) ([granted] by (a Member_State or through State_resources) in any_form whatsoever) which [distorts] or threatens to distort competition by favouring certain undertakings or the production of certain goods) [shall, (in_so_far_as it affects] trade between Member_States), be_incompatible] (with the internal_market)). #h3.4.7.1.2.1c1#
2. ▷(The following_[shall be_compatible] with the internal_market:
(a) ((aid [having] a social_character), [granted] (to individual_consumers), provided that such_aid is_granted without discrimination related to the origin of the products_concerned;
(b) aid to make good the damage caused by natural_disasters or exceptional_occurrences);
(c) (aid granted to the economy of certain_areas of the Federal_Republic_of_Germany [affected] by the division of Germany, in_so_far_as such_aid is_required in_order to compensate for the economic_disadvantages caused by that division)).
▷((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_point)).
#h3.4.7.1.2.1c2#
3. ▷(The following) [may be_considered] to be_compatible with the internal_market:
(a) aid to [promote] the economic_development of areas where the standard_of_living is abnormally low or where there_is serious underemployment, and of the regions [referred_to] in Article_349, in view of their_structural, economic and social_situation;
(b) aid to [promote] the execution of an_important project of common_European_interest or to remedy a serious disturbance in the economy of a Member_State;
(c) aid to facilitate the development of certain economic_activities or of certain economic areas, where such_aid [does_not adversely affect] trading_conditions to an_extent contrary to the common_interest;
(d) aid to [promote] culture_and_heritage_conservation where such_aid does_not_affect trading_conditions and competition in the_Union to an_extent that is_contrary to the common_interest;
(e) such_other_categories of aid as may be_specified by decision of the Council on a proposal_from_the_Commission).
#h3.4.7.1.2.1c3#
1. ▷(The Commission [shall, in cooperation with Member_States, keep] under constant review all_systems_of_aid existing in those_States).
▷(It shall propose to the latter any_appropriate_measures required by the progressive development or by the functioning_of_the_internal_market).
#h3.4.7.1.2.2c1#
2. ▷((If, after giving notice to the parties_concerned to submit their_comments, the Commission finds that aid granted by a State or through State_resources is_not_compatible with the internal_market having regard to Article_107, or that such_aid is_being_misused), it [shall decide] that the State_concerned shall abolish or alter such_aid within a period of time to be_determined by the Commission).
▷((If the State_concerned [does_not_comply] with this_decision within the prescribed time), the Commission or any_other_interested State [may, in derogation from the provisions of Articles 258 and 259, refer] the matter to the Court_of_Justice_of_the_European_Union direct).
▷(On application by a Member_State, the Council may, [acting] unanimously, decide that aid which that_State is_granting or intends to grant shall be_considered to be_compatible with the internal_market, in derogation from the provisions of Article_107 or from the regulations [provided_for] in Article_109, if such_a_decision is_justified by exceptional circumstances).
▷(If, as_regards the aid in question, the Commission has already initiated the procedure [provided_for] in the first_subparagraph of this_paragraph, the fact that the State_concerned has made its_application to the Council [shall have] the effect of suspending that procedure until (the Council [has made (its_attitude) known])).
▷(If, however, the Council [has_not_made] its_attitude known within three_months of the said_application being_made, the Commission [shall give] its{Cm}_decision on the case).
#h3.4.7.1.2.2c2#
3. ▷(The Commission [shall be_informed], in sufficient_time to enable it to submit its_comments, of any_plans to grant or alter aid).
▷((If it considers that any_such_plan is_not_compatible with the internal_market having regard to Article_107), it [shall (without delay) initiate] the procedure [provided_for] in paragraph_2).
▷(The Member_State_concerned shall not_put its_proposed_measures into effect until this_procedure has resulted in a final_decision).
#h3.4.7.1.2.2c3#
4. ▷(The Commission [may adopt] regulations relating to the categories of State_aid that the Council has, pursuant_to Article_109, determined may be_exempted from the procedure provided_for by paragraph_3 of this_Article). #h3.4.7.1.2.2c4#
▷(The Council, on a proposal_from_the_Commission and after consulting the European_Parliament, may make any_appropriate_regulations for the application of Articles 107 and 108 and [may (in particular) determine] the conditions in which Article_108.3 [shall apply] and the categories of aid exempted from this_procedure). #h3.4.7.1.2.3c1#
▷(No_Member_State [shall impose], directly or indirectly, (on (the products of other_Member_States)) (any_internal_taxation of any_kind in excess of that{taxation}_imposed directly or indirectly on similar_domestic_products)). #h3.4.7.2.1c1#
▷(Furthermore, no_Member_State [shall impose] on (the products of other_Member_States) any_internal_taxation of such_a_nature as to afford indirect_protection to other_products). #h3.4.7.2.1c2#
▷(Where products are exported to the territory of any_Member_State, any_repayment of internal_taxation shall not_exceed the internal_taxation imposed on them whether directly or indirectly). #h3.4.7.2.2c1#
▷(In the case of charges other than turnover_taxes, excise_duties and other_forms of indirect_taxation, remissions and repayments in respect of exports to other_Member_States may not_be_granted and countervailing_charges in respect of imports from Member_States may not_be_imposed unless the measures contemplated have_been_previously approved for a limited_period by the Council on a proposal_from_the_Commission). #h3.4.7.2.3c1#
▷(The Council shall, [acting] unanimously in_accordance_with a special_legislative_procedure and after consulting the European_Parliament and the Economic_and_Social_Committee, adopt provisions for the harmonisation of legislation concerning turnover_taxes, excise_duties and other_forms of indirect_taxation to the extent that such_harmonisation is necessary to ensure the establishment and the functioning_of_the_internal_market and to avoid distortion of competition). #h3.4.7.2.4c1#
1. ▷(Save where otherwise provided in the_Treaties, the following_provisions [shall apply] for the achievement of the objectives [set_out] in Article_26. The European_Parliament and the Council shall, [acting] in_accordance_with the ordinary_legislative_procedure and after consulting the Economic_and_Social_Committee, adopt the measures for the approximation of the provisions [laid_down] by law_regulation_or_administrative_action in Member_States which{MS} have as their_object the establishment and functioning_of_the_internal_market). #h3.4.7.3.1c1#
2. ▷(Paragraph 1 [shall not_apply] to fiscal_provisions, to those relating to the free_movement_of_persons nor to those relating to the rights and interests of employed_persons). #h3.4.7.3.1c2#
3. ▷(The Commission, in its_proposals envisaged in paragraph_1
concerning health, safety, environmental_protection and consumer_protection, [will_take] as a base a high level of protection, taking_account (in particular) of any_new development based on scientific_facts).
▷(Within their_respective powers, the European_Parliament and the Council [will also seek] to achieve this_objective).
#h3.4.7.3.1c3#
4. ▷(If, after the adoption of a harmonisation_measure by the European_Parliament and the Council, by the Council or by the Commission, a Member_State deems it necessary to maintain national_provisions on grounds of major_needs [referred_to] in Article_36, or relating to the protection_of_the_environment or the working_environment, it [shall notify] the Commission of these_provisions as_well_as the grounds for maintaining them. #h3.4.7.3.1c4#
5. ▷(Moreover, without prejudice to paragraph_4, if, after the adoption of a harmonisation_measure by the European_Parliament and the Council, by the Council or by the Commission, a Member_State deems it necessary to introduce national_provisions based on new scientific_evidence relating to the protection_of_the_environment or the working_environment on grounds of a problem specific to that Member_State arising after the adoption of the harmonisation_measure, it [shall notify] the Commission of the envisaged_provisions as_well_as the grounds for introducing them. #h3.4.7.3.1c5#
6. ▷(The Commission [shall, (within (six_months of the notifications) as [referred_to] in (paragraphs 4 and 5)), approve or reject] (the national_provisions [involved]) after ([having_verified] (whether or not) they{provisions} [are] a means of arbitrary_discrimination or a disguised_restriction on trade between Member_States and (whether or not) (they{provisions}) [shall constitute] (an_obstacle to the functioning_of_the_internal_market))).
▷(In the absence of a decision by the Commission within this_period the national_provisions [referred_to] in paragraphs 4 and 5 shall be_deemed to have_been_approved).
▷(When justified by the complexity of the matter and in the absence of danger for human_health, the Commission may notify the Member_State_concerned that the period [referred_to] in this_paragraph may be_extended for a further_period of up to six_months).
#h3.4.7.3.1c6#
7. ▷(When, pursuant_to paragraph_6, a Member_State is_authorised to maintain or introduce national_provisions derogating from a harmonisation_measure, the Commission shall immediately examine whether to propose an_adaptation to that measure). #h3.4.7.3.1c7#
8. ▷(When a Member_State raises a specific_problem on public_health in a field which has_been the subject of prior harmonisation_measures, it shall bring it to the attention of the Commission which shall immediately examine whether to propose appropriate_measures to the Council). #h3.4.7.3.1c8#
9. ▷((By way of derogation from the procedure [laid_down] in Articles 258 and 259), (the Commission and any_Member_State) [may bring] the matter directly before the Court_of_Justice_of_the_European_Union if it [considers] that another_Member_State [is_making] improper_use of (the powers [provided_for] in this_Article)). #h3.4.7.3.1c9#
10. ▷(The harmonisation_measures [referred_to] (above)) [shall, in appropriate_cases, include] a safeguard_clause authorising the Member_States to take, for (one or more) of the non_economic_reasons [referred_to] in Article_36, provisional_measures subject to a Union_control_procedure). #h3.4.7.3.1c10#
▷(Without prejudice to Article_114, the Council shall, [acting] unanimously in_accordance_with a special_legislative_procedure and after consulting the European_Parliament and the Economic_and_Social_Committee, issue directives for the approximation of such_laws, regulations or administrative_provisions of the Member_States as directly affect the establishment or functioning_of_the_internal_market). #h3.4.7.3.2c1#
▷((Where the Commission [finds] ((that (a difference between the provisions [laid_down] by law_regulation_or_administrative_action in Member_States) [is_distorting] the conditions_of_competition in the internal_market) and (that (the resultant_distortion [needs] to be_eliminated)))), (it{Cm}) [shall consult] the Member_States_concerned). #h3.4.7.3.3c1#
▷(If such_consultation [does_not_result] in an_agreement eliminating the distortion in question, the European_Parliament and the Council, [acting] in_accordance_with the ordinary_legislative_procedure, shall issue the necessary_directives).
▷(Any_other_appropriate_measures [provided_for] in the_Treaties may be_adopted).
#h3.4.7.3.3c2#
1. ▷(Where there_is a reason to fear (that the adoption or amendment of a provision [laid_down] by law_regulation_or_administrative_action may cause distortion within the meaning of Article_116), (a Member_State desiring to proceed therewith) [shall consult] the Commission).
▷(After consulting the Member_States, the Commission shall recommend to the States_concerned such_measures as may be_appropriate to avoid the distortion in question).
#h3.4.7.3.4c1#
2. ▷((If a State desiring to introduce or amend its_own provisions [does_not_comply] with the recommendation addressed to it by the Commission), other_Member_States shall not_be_required, pursuant_to Article_116, to amend their_own provisions in_order to eliminate such_distortion).
▷((If (the Member_State which{MS} [has_ignored] the recommendation of the Commission) [causes] distortion detrimental only to itself), (the provisions of Article_116) [shall not_apply].
#h3.4.7.3.4c2#
▷(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). #h3.4.7.3.5c1#
▷(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).
#h3.4.7.3.5c2#
1. ▷(For the purposes [set_out] in Article_3_of_the_Treaty_on_the_European_Union, the activities of the Member_States and the_Union shall include, as provided in the_Treaties, the adoption of an_economic_policy which is_based on the close coordination of Member_States'_economic_policies, on the internal_market and on the definition of common_objectives, and conducted in_accordance_with the principle_of_an_open_market_economy_with_free_competition). #h3.4.8.1c1#
2. ▷(Concurrently with the foregoing, and as provided in the_Treaties and in_accordance_with the procedures set_out therein, (these activities) [shall include] a single_currency, the euro, and the definition and conduct of a single monetary_policy and exchange_rate_policy the primary objective of both of which shall be to maintain price_stability and, without prejudice to this_objective, to support the general_economic_policies in the_Union, in_accordance_with the principle_of_an_open_market_economy_with_free_competition). #h3.4.8.1c2#
3. ▷((These_activities of the Member_States and the_Union) [shall entail] compliance with the following_guiding_principles: stable_prices, sound public_finances and monetary_conditions and a sustainable_balance_of_payments). #h3.4.8.1c3#
▷(Member_States shall conduct their_economic_policies with a view to contributing to the achievement of the objectives_of_the_Union, as [defined] in Article_3_of_the_Treaty_on_the_European_Union, and in the context of the broad_guidelines [referred_to] in Article_121.2. The Member_States and the_Union [shall act] in_accordance_with the principle_of_an_open_market_economy_with_free_competition, favouring an_efficient_allocation_of_resources, and in [compliance] with the principles [set_out] in Article_119). #h3.4.8.1.1c1#
1. ▷(Member_States (([shall regard] their{MS}_economic_policies as a matter of common_concern) and ([shall coordinate] them{ep}within the Council)), in_accordance_with the provisions of Article_120). #h3.4.8.1.2c1#
2. ▷(The Council shall, on a recommendation from the Commission, formulate a draft for the broad_guidelines of the economic_policies of the Member_States and_of_the_Union, and shall report its_findings to the European_Council).
▷(The European_Council shall, [acting] on the basis of the report from the Council, discuss a conclusion on the broad_guidelines of the economic_policies of the Member_States and_of_the_Union).
▷(On the basis of this_conclusion, the Council [shall adopt] a recommendation setting_out these broad_guidelines).
▷(The Council [shall inform] the European_Parliament of its_recommendation).
#h3.4.8.1.2c2#
3. ▷(In_order to [ensure] closer_coordination_of_economic_policies and sustained_convergence of the economic_performances of the Member_States, the Council [shall, on the basis of reports submitted by the Commission, monitor] economic_developments in each_of_the_Member_States and in the_Union as_well_as the consistency of economic_policies with the broad_guidelines [referred_to] in paragraph_2, and regularly carry_out an_overall assessment).
▷(For the purpose of this_multilateral_surveillance, Member_States [shall forward] information to the Commission about important_measures taken by them in the field of their_economic_policy and such_other_information as they deem necessary).
#h3.4.8.1.2c3#
4. ▷(Where it is_established, under the procedure [referred_to] in paragraph_3, (that the economic_policies of a Member_State are_not_consistent with the broad_guidelines [referred_to] in paragraph_2 or that they risk jeopardising the proper_functioning_of_economic_and_monetary_union)), the Commission [may address] (a warning) (to the Member_State_concerned).
▷(The Council, on a recommendation from the Commission, may address the necessary_recommendations to the Member_State_concerned).
▷(The Council may, on a proposal_from_the_Commission, decide to make its_recommendations public).
▷(Within the scope of this_paragraph, the Council [shall act] without taking_into_account the vote of the member_of_the_Council representing the Member_State_concerned).
▷(A qualified_majority of the other_members of the Council [shall be_defined] in_accordance_with Article_238.3.a).
#h3.4.8.1.2c4#
5. ▷(The President_of_the_Council and the Commission [shall report] to the European_Parliament on the results of multilateral surveillance).
▷(The President_of_the_Council [may be_invited] to appear before the competent_committee of the European_Parliament if the Council has made its_recommendations public).
#h3.4.8.1.2c5#
6. ▷(The European_Parliament and the Council, [acting] (by (means of regulations)) in_accordance_with the ordinary_legislative_procedure, may adopt detailed rules for the multilateral_surveillance_procedure [referred_to] in paragraphs 3 and 4). #h3.4.8.1.2c6#
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). #h3.4.8.1.3c1#
2. ▷(Where a Member_State is in difficulties or is_seriously threatened with severe_difficulties caused by natural_disasters or exceptional_occurrences beyond its_control, (the Council), on a proposal_from_the_Commission, [may grant], under certain conditions, Union_financial_assistance to the Member_State_concerned).
▷(The President_of_the_Council [shall inform] the European_Parliament of the decision taken).
#h3.4.8.1.3c2#
1. ▷(Overdraft_facilities or any_other_type of credit_facility with the European_Central_Bank or with the central_banks of the Member_States (hereinafter [referred_to] as "national_central_banks") in favour of Union institutions_bodies_offices_or_agencies, central_governments, regional, local_or_other_public_authorities, other_bodies_governed_by_public_law, or public_undertakings of Member_States shall be_prohibited, as shall the purchase directly from them by the European_Central_Bank or national_central_banks of debt_instruments). #h3.4.8.1.4c1#
2. ▷(Paragraph_1 [shall not_apply] to publicly_owned credit_institutions which, in the context of the supply_of_reserves by central_banks, [shall be_given] the same_treatment by national_central_banks and the European_Central_Bank as private credit_institutions). #h3.4.8.1.4c2#
▷(Any_measure, not_based on prudential_considerations, establishing privileged access by Union institutions_bodies_offices_or_agencies, central_governments, regional, local_or_other_public_authorities, other_bodies_governed_by_public_law, or public_undertakings of Member_States to financial_institutions, shall be_prohibited). #h3.4.8.1.5c1#
1. ▷(The_Union [shall not_be_liable] for or assume the commitments of central_governments, regional, local_or_other_public_authorities, other_bodies_governed_by_public_law, or public_undertakings of any_Member_State, without prejudice to mutual financial_guarantees for the joint execution of a specific_project).
▷(A Member_State [shall not_be_liable] for or assume the commitments of central_governments, regional, local_or_other_public_authorities, other_bodies_governed_by_public_law, or public_undertakings of another_Member_State, without prejudice to mutual financial_guarantees for the joint execution of a specific_project).
#h3.4.8.1.6c1#
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 123 and 124 and in this_Article). #h3.4.8.1.6c2#
1. ▷(Member_States [shall avoid] excessive_government_deficits). #h3.4.8.1.7c1#
2. ▷(The Commission [shall monitor] the development of the budgetary_situation and of the stock of government_debt in the Member_States with a view to identifying gross errors).
▷((In particular) it shall examine compliance with budgetary_discipline on the basis of the following_two_criteria:
(a) (whether the ratio of (the planned or actual)_government_deficit to gross_domestic_product [exceeds] a reference_value, unless:
-- either the ratio has_declined substantially and continuously and [reached] a level that comes close to the reference_value,
-- or, alternatively, the excess over the reference_value is only exceptional and temporary and the ratio remains close to the reference_value);
(b) whether the ratio of government_debt to gross_domestic_product exceeds a reference_value, unless the ratio is_sufficiently diminishing and approaching the reference_value at a satisfactory pace).
▷(The reference_values [are_specified] in the Protocol_on_the_excessive_deficit_procedure [annexed] to the_Treaties).
#h3.4.8.1.7c2#
3. ▷(If a Member_State does_not_fulfil the requirements under one or both of these criteria, the Commission shall prepare a report).
▷(The report of the Commission [shall also take_into_account] whether the government_deficit exceeds government_investment_expenditure and take_into_account all_other_relevant factors, including the medium_term_economic and budgetary position of the Member_State).
▷(The Commission [may also prepare] a report if, notwithstanding the fulfilment of the requirements under the criteria, it is of the opinion that there_is a risk of an_excessive_deficit in a Member_State).
#h3.4.8.1.7c3#
4. ▷(The Economic_and_Financial_Committee [shall formulate] (an_opinion on (the report of the Commission))). #h3.4.8.1.7c4#
5. ▷((If the Commission [considers] (that an_excessive_deficit in a Member_State [exists or may occur])), (it{Cm} ([shall address] (an_opinion to the Member_State_concerned)) and ([shall inform] the Council (accordingly)))). #h3.4.8.1.7c5#
6. ▷(The Council [shall, on a proposal_from_the_Commission, and having_considered any_observations which the Member_State_concerned may wish to make, decide] after an_overall assessment whether an_excessive_deficit exists). #h3.4.8.1.7c6#
7. ▷(Where the Council decides, in_accordance_with paragraph_6, that an_excessive_deficit exists, it [shall adopt], without undue_delay, on a recommendation from the Commission, recommendations addressed to the Member_State_concerned with a view to bringing that_situation to an_end within a given_period).
▷(Subject to the provisions of paragraph_8, these_recommendations [shall not_be_made] public).
#h3.4.8.1.7c7#
8. ▷(Where it establishes that there_has_been no_effective action in response to its_recommendations within the period laid_down, the Council may make its_recommendations public). #h3.4.8.1.7c8#
9. ▷((If a Member_State [persists] in failing to put into practice (the recommendations of the Council)), the Council [may decide] (to [give_notice] (to the Member_State) (to take, within a specified time limit, measures for the deficit_reduction (which{measures} [is_judged] necessary by the Council in_order to remedy the situation)))).
▷(In such_a_case, the Council may request the Member_State_concerned to submit reports in_accordance_with a specific_timetable in_order to examine the adjustment_efforts of that_Member_State).
#h3.4.8.1.7c9#
10. ▷(The rights to [bring] (actions) [provided_for] in Articles 258 and 259 [may not_be_exercised] within the framework of paragraphs 1 to 9 of this_Article). #h3.4.8.1.7c10#
11. ▷((As_long_as a Member_State [fails] to [comply] with a decision taken in_accordance_with paragraph_9), the Council [may decide] to apply or, as the case may be, intensify (one or more) of the following_measures:
-- to [require] the Member_State_concerned to [publish] additional_information, to be_specified by the Council, before issuing bonds and securities,
-- to [invite] the European_Investment_Bank to reconsider its_lending_policy towards the Member_State_concerned,
-- to [require] the Member_State_concerned to make a non_interest_bearing_deposit of an_appropriate_size with the_Union until the excessive_deficit has, in (the view of the Council), [been_corrected],
-- to [impose] fines of an_appropriate_size).
▷(The President_of_the_Council [shall inform] the European_Parliament of the decisions taken).
#h3.4.8.1.7c11#
12. ▷(The Council) [shall abrogate] (some or all) of its_decisions or recommendations [referred_to] in paragraphs 6 to 9 and 11 to the extent that the excessive_deficit in the Member_State_concerned has, in the view of the Council, been_corrected).
▷(If the Council has previously made public_recommendations, it shall, as soon as the decision under paragraph_8 has_been_abrogated, make a public_statement that an_excessive_deficit in the Member_State_concerned no_longer exists).
#h3.4.8.1.7c12#
13. ▷(When taking the decisions or recommendations [referred_to] in paragraphs 8, 9, 11 and 12, the Council [shall act] on a recommendation from the Commission).
▷(When the Council adopts the measures [referred_to] in paragraphs 6 to 9, 11 and 12, it [shall act] without taking_into_account the vote of the member_of_the_Council representing the Member_State_concerned).
▷(A qualified_majority of the other_members of the Council [shall be_defined] in_accordance_with Article_238.3.a).
#h3.4.8.1.7c13#
14. ▷(Further provisions relating to the implementation of the procedure [described] in this_Article [are_set_out] in the Protocol_on_the_excessive_deficit_procedure annexed to the_Treaties).
▷(The Council shall, [acting] unanimously in_accordance_with a special_legislative_procedure and after consulting the European_Parliament and the European_Central_Bank, adopt the appropriate_provisions which shall then replace the said Protocol).
▷(Subject to the other_provisions of this_paragraph, the Council shall, on a proposal_from_the_Commission and after consulting the European_Parliament, lay_down detailed rules and definitions for the application of the provisions of the said Protocol).
#h3.4.8.1.7c14#
1. ▷(The primary objective of the European_System_of_Central_Banks (hereinafter [referred_to] as "the ESCB") shall be to maintain price_stability).
▷(Without prejudice to the objective of price_stability, the ESCB [shall support] the general_economic_policies in the_Union with a view to contributing to the achievement of the objectives_of_the_Union as [laid_down] in Article_3_of_the_Treaty_on_the_European_Union).
▷(The ESCB [shall act] in_accordance_with the principle_of_an_open_market_economy_with_free_competition, favouring an_efficient_allocation_of_resources, and in [compliance] with the principles [set_out] in Article_119).
#h3.4.8.2.1c1#
2. ▷(The basic tasks to be_carried_out through the ESCB [shall be]:
-- to [define and implement] the monetary_policy_of_the_Union,
-- to [conduct] foreign_exchange_operations consistent with the provisions of Article_219,
-- to [hold and manage] the official foreign_reserves of the Member_States,
-- to [promote] the smooth operation of payment_systems).
#h3.4.8.2.1c2#
3. ▷((The third_indent of paragraph_2) [shall be] without prejudice to the holding and management by the governments of Member_States of foreign_exchange_working_balances). #h3.4.8.2.1c3#
4. ▷(The European_Central_Bank [shall be_consulted]:
-- on any_proposed Union_act in its_fields of competence,
-- by national_authorities regarding any_draft_legislative_provision in its_fields of competence, but within the limits and under the conditions set_out by the Council in_accordance_with the procedure [laid_down] in Article_129.4).
▷(The European_Central_Bank [may submit] opinions to the appropriate_Union_institutions_bodies_offices_or_agencies or to national_authorities on matters in its_fields of competence).
#h3.4.8.2.1c4#
5. ▷(The ESCB shall contribute to the smooth conduct of policies pursued by the competent_authorities relating to the prudential_supervision of credit_institutions and the stability of the financial_system). #h3.4.8.2.1c5#
6. ▷(The Council, [acting] (by (means of regulations)) in_accordance_with a special_legislative_procedure, may unanimously, and after consulting the European_Parliament and the European_Central_Bank, confer specific_tasks upon the European_Central_Bank concerning policies relating to the prudential_supervision of credit_institutions and other_financial_institutions with the exception of insurance_undertakings). #h3.4.8.2.1c6#
1. ▷(The European_Central_Bank [shall have] the exclusive_right to authorise the issue of euro_banknotes within the_Union).
▷((The European_Central_Bank and the national_central_banks) [may issue] such_notes).
▷(The banknotes issued by the European_Central_Bank and the national_central_banks shall be the only such_notes to have the status of legal_tender within the_Union).
#h3.4.8.2.2c1#
2. ▷(Member_States may issue euro_coins subject to approval by the European_Central_Bank of the volume of the issue).
▷(The Council, on a proposal_from_the_Commission and after [consulting] (the European_Parliament and the European_Central_Bank), [may adopt] measures to [harmonise] the denominations and technical_specifications of all_coins intended for circulation to the extent necessary to permit their_smooth_circulation within the_Union).
#h3.4.8.2.2c2#
1. ▷(The ESCB shall be_governed by the decision_making_bodies of the European_Central_Bank which shall be the Governing_Council and the Executive_Board). #h3.4.8.2.3c1#
2. ▷((The Statute of the European_System_of_Central_Banks and of the European_Central_Bank (hereinafter [referred_to] as "the_Statute_of_the_ESCB_and_of_the_ECB")) [is_laid_down] in (a Protocol [annexed] to the_Treaties)). #h3.4.8.2.3c2#
3. ▷(Articles 5.1, 5.2, 5.3, 17, 18, 19.1, 22, 23, 24, 26, 32.2, 32.3, 32.4, 32.6, 33.1.a and 36 of the Statute_of_the_ESCB_and_of_the_ECB may be_amended by the European_Parliament and the Council, [acting] in_accordance_with the ordinary_legislative_procedure).
▷(They [shall act] either on a recommendation from the European_Central_Bank and after consulting the Commission or on a proposal_from_the_Commission and after consulting the European_Central_Bank).
#h3.4.8.2.3c3#
4. ▷(The Council, either on a proposal_from_the_Commission and after consulting the European_Parliament and the European_Central_Bank or on a recommendation from the European_Central_Bank and after consulting the European_Parliament and the Commission, [shall adopt] the provisions [referred_to] in Articles 4, 5.4, 19.2, 20, 28.1, 29.2, 30.4 and 34.3 of the Statute_of_the_ESCB_and_of_the_ECB). #h3.4.8.2.3c4#
▷(When exercising the powers and carrying_out the tasks and duties conferred upon them by the_Treaties and the Statute_of_the_ESCB_and_of_the_ECB, neither the European_Central_Bank, nor a national_central_bank, nor any_member of their_decision_making_bodies shall seek or take instructions from Union institutions_bodies_offices_or_agencies, from any_government of a Member_State or from any_other_body).
▷(The_Union institutions_bodies_offices_or_agencies and the governments_of_the_Member_States) [undertake] to respect this_principle and not to seek to influence the members of the decision_making_bodies of the European_Central_Bank or of the national_central_banks in the performance of their_tasks).
#h3.4.8.2.4c1#
▷(Each_Member_State shall ensure that its_national_legislation including the statutes of its_national_central_bank is_compatible with the_Treaties and the Statute_of_the_ESCB_and_of_the_ECB). #h3.4.8.2.5c1#
1. ▷(In_order to carry_out the tasks entrusted to the ESCB, the European_Central_Bank shall, in_accordance_with the provisions of the_Treaties and under the conditions [laid_down] in the Statute_of_the_ESCB_and_of_the_ECB:
-- make regulations to the extent necessary to implement the tasks [defined] in Article_3.1, first_indent, Articles 19.1, 22 and 25.2 of the Statute_of_the_ESCB_and_of_the_ECB in cases which shall be_laid_down in the acts of the Council [referred_to] in Article_129.4,
-- [take] decisions necessary for carrying_out the tasks entrusted to the ESCB under the_Treaties and the Statute_of_the_ESCB_and_of_the_ECB,
-- make_recommendations and deliver opinions).
#h3.4.8.2.6c1#
2. ▷(The European_Central_Bank [may decide] to publish its_decisions, recommendations and opinions). #h3.4.8.2.6c2#
3. ▷(((Within the limits and (under the conditions [adopted] by the Council)) under the procedure [laid_down] in Article_129.4)), the European_Central_Bank [shall be_entitled] to [impose] (fines or periodic_penalty_payments) (on undertakings) (for failure to [comply] with obligations under its_regulations and decisions)). #h3.4.8.2.6c3#
▷(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)).
#h3.4.8.2.7c1#
1. ▷(In_order to [promote] coordination of the policies of Member_States to the full_extent needed for the functioning_of_the_internal_market, an_Economic_and_Financial_Committee [is hereby set_up]). #h3.4.8.3.1c1#
2. ▷(The Economic_and_Financial_Committee [shall have] the following_tasks:
-- to deliver opinions at the request of the Council or of the Commission, or on its_own initiative for submission to those_institutions,
-- to keep under review the economic_and_financial_situation of the Member_States and_of_the_Union and to report regularly thereon to the Council and to the Commission, (in particular) on financial_relations with third_countries and international_institutions,
-- without prejudice to Article_240, to contribute to the preparation of the work of the Council [referred_to] in Articles 66, 75, 121(2), (3), (4) and (6), 122, 124, 125, 126, 127(6), 128(2), 129(3) and (4), 138, 140(2) and (3), 143, 144(2) and (3), and in Article_219, and to carry_out other_advisory and preparatory_tasks assigned to it by the Council,
-- to examine, (at least) once a year, the situation regarding the movement_of_capital and the freedom_of_payments, as they result from the application of the_Treaties and of measures adopted by the Council; the examination shall cover all_measures relating to capital_movements_and_payments; the Committee shall report to the Commission and to the Council on the outcome of this_examination).
▷(The Member_States, the Commission and the European_Central_Bank shall each_appoint no_more than two_members of the Committee).
#h3.4.8.3.1c2#
3. ▷(The Council shall, on a proposal_from_the_Commission and after consulting the European_Central_Bank and the Committee [referred_to] in this_Article, lay_down detailed_provisions concerning the composition of the Economic_and_Financial_Committee).
▷(The President_of_the_Council [shall inform] the European_Parliament of such_a_decision).
#h3.4.8.3.1c3#
4. ▷(In addition to the tasks [set_out] in paragraph_2, if and as_long_as there_are Member_States_with_a_derogation as [referred_to] in Article_139, the Committee shall keep under review the monetary_and_financial_situation and the general_payments_system of those_Member_States and report regularly thereon to the Council and to the Commission). #h3.4.8.3.1c4#
▷((For matters within the scope of Articles 121(4), 126 with the exception of paragraph_14, 138, 140(1), 140(2), first_subparagraph, 140(3) and 219), the Council or a Member_State [may request] the Commission (to make a recommendation or a proposal), (as appropriate)).
▷(The Commission [shall examine] this_request and submit its_conclusions to the Council without delay).
#h3.4.8.3.2c1#
1. ▷(In_order to ensure the proper_functioning_of_economic_and_monetary_union, and in_accordance_with the relevant provisions of the_Treaties, the Council shall, in_accordance_with the relevant procedure from among those [referred_to] in Articles 121 and 126, with the exception of the procedure [set_out] in Article_126.14, adopt measures specific to those_Member_States ((whose{MS} currency [is] the euro).
(a) to strengthen the coordination and surveillance of their_budgetary_discipline;
(b) (to [set_out] economic_policy_guidelines for them, while ensuring that they are_compatible with those [adopted] for the whole_of_the_Union and are_kept under surveillance).
#h3.4.8.4.1c1#
2. ▷(For those_measures [set_out] in paragraph_1, only members of the Council representing Member_States ((whose{MS} currency [is] the euro).shall take_part in the vote).
▷(A qualified_majority of the said members [shall be_defined] in_accordance_with Article_238.3.a).
#h3.4.8.4.1c2#
▷(Arrangements for meetings between (ministers of those_Member_States ((whose{MS} currency [is] the euro)) [are_laid_down] by the Protocol_on_the_Euro_Group). #h3.4.8.4.2c1#
1. ▷((In_order to secure the euro's_place in the international_monetary_system), the Council, on a proposal_from_the_Commission, [shall adopt] a decision establishing common_positions on matters of particular_interest for economic_and_monetary_union within the competent international financial_institutions and conferences).
▷(The Council [shall act] after consulting the European_Central_Bank).
#h3.4.8.4.3c1#
2. ▷(The Council, on a proposal_from_the_Commission, may adopt appropriate_measures to ensure unified representation within the international financial_institutions and conferences).
▷(The Council [shall act] after consulting the European_Central_Bank).
#h3.4.8.4.3c2#
3. ▷(For the measures [referred_to] in paragraphs 1 and 2, only members of the Council representing Member_States ((whose{MS} currency [is] the euro) [shall take_part] in the vote).
▷(A qualified_majority of the said members [shall be_defined] in_accordance_with Article_238.3.a).
#h3.4.8.4.3c3#
1. ▷(Member_States in respect of which the Council has not_decided that they fulfil the necessary_conditions for the adoption of the euro shall hereinafter be_referred_to as "Member_States_with_a_derogation". #h3.4.8.5.1c1#
2. ▷(The following_provisions of the_Treaties [shall not_apply] to Member_States_with_a_derogation:
(a) (adoption of the parts of the broad economic_policy guidelines which{guidelines} [concern] the euro_area generally) (Article_121.2);
(b) coercive_means of remedying excessive_deficits (Article_126.9 and (11));
(c) the objectives and tasks of the ESCB (Article_127.1 to (3) and (5));
(d) issue of the euro (Article_128);
(e) acts of the European_Central_Bank (Article_132);
(f) measures [governing] the use of the euro (Article_133);
(g) monetary_agreements and other_measures relating to exchange_rate_policy (Article_219);
(h) appointment of members of the Executive_Board_of_the_European_Central_Bank (Article_283.2);
(i) decisions establishing common_positions on issues of particular relevance for economic_and_monetary_union within the competent international financial_institutions and conferences (Article_138.1);
(j) measures to ensure unified representation within the international financial_institutions and conferences (Article_138.2).
▷(In the Articles [referred_to] in points (a) to (j), "Member_States" [shall therefore mean] Member_States ((whose{MS} currency [is] the euro).
#h3.4.8.5.1c2#
3. ▷(Under Chapter IX of the Statute_of_the_ESCB_and_of_the_ECB, Member_States_with_a_derogation and their_national_central_banks [are_excluded] from rights and obligations within the ESCB). #h3.4.8.5.1c3#
4. ▷((The voting_rights of ((members of the Council) representing Member_States_with_a_derogation)) [shall be_suspended] for the adoption by the Council of the measures [referred_to] in (the Articles listed in paragraph_2), and in the following_instances:
(a) recommendations made to those_Member_States ((whose{MS} currency [is] the euro) in the framework of multilateral surveillance, including on stability_programmes and warnings (Article_121.4);
(b) measures [relating] to excessive_deficits concerning those_Member_States ((whose{MS} currency [is] the euro) (Article_126.6, (7), (8), (12) and (13)).
▷((A qualified_majority of the other_members of the Council) [shall be_defined] in_accordance_with Article_238.3.a).
#h3.4.8.5.1c4#
1. ▷(At least once every_two years, or at the request of a Member_State_with_a_derogation, the Commission and the European_Central_Bank shall report to the Council on the progress made by the Member_States_with_a_derogation in fulfilling their_obligations regarding the achievement of economic_and_monetary_union).
▷(These_reports shall include an_examination of the compatibility between the national_legislation of each of these Member_States, including the statutes of its_national_central_bank, and Articles 130 and 131 and the Statute_of_the_ESCB_and_of_the_ECB).
▷(The reports [shall also examine] the achievement of a high_degree of sustainable_convergence by reference to the fulfilment by each_Member_State of the following_criteria:
-- the achievement of a high_degree of price_stability; this will_be apparent from a rate_of_inflation which is close to that of, (at most), the three_best_performing_Member_States in terms of price_stability,
-- the sustainability of the government_financial_position; this will_be apparent from having achieved a government_budgetary_position without a deficit that [is] excessive as determined in_accordance_with Article_126.6,
-- the observance of the normal_fluctuation_margins provided_for by the exchange_rate_mechanism of the European_Monetary_System, for (at least) two_years, without devaluing against the euro,
-- the durability of convergence achieved by the Member_State_with_a_derogation and of its_participation in the exchange_rate_mechanism being_reflected in the long_term interest_rate levels).
▷(The four criteria mentioned in this_paragraph and the relevant_periods over which they are to be_respected are developed further in a Protocol annexed to the_Treaties).
▷(The reports of the Commission and the European_Central_Bank shall also take_account of the results of the integration_of_markets, the situation and development of the balances_of_payments on current account and an_examination of the development of unit_labour_costs and other_price_indices).
#h3.4.8.5.2c1#
2. ▷(After consulting the European_Parliament and after discussion in the European_Council, the Council shall, on a proposal_from_the_Commission, decide which Member_States_with_a_derogation fulfil the necessary_conditions on the basis of the criteria [set_out] in paragraph_1, and abrogate the derogations of the Member_States_concerned).
▷(The Council [shall act] having_received a recommendation of a qualified_majority of those among its_members representing Member_States ((whose{MS} currency [is] the euro).
▷(These_members [shall act] within six_months of the Council receiving the Commission's_proposal).
▷(The qualified_majority of the said members, as [referred_to] in the second_subparagraph, [shall be_defined] in_accordance_with Article_238.3.a).
#h3.4.8.5.2c2#
3. ▷(If it is_decided, in_accordance_with the procedure [set_out] in paragraph_2, to abrogate a derogation, the Council shall, [acting] with the unanimity of the Member_States ((whose{MS} currency [is] the euro) and the Member_State_concerned, on a proposal_from_the_Commission and after consulting the European_Central_Bank, irrevocably fix the rate at which the euro shall be_substituted for the currency of the Member_State_concerned, and take the other_measures necessary for the introduction of the euro as the single_currency in the Member_State_concerned). #h3.4.8.5.2c3#
1. ▷(If and as_long_as there_are Member_States_with_a_derogation, and without prejudice to Article_129.1, (the General_Council of the European_Central_Bank [referred_to] in Article_44_of_the_Statute_of_the_ESCB_and_of_the_ECB) [shall be_constituted] as a third_decision_making_body of the European_Central_Bank). #h3.4.8.5.3c1#
2. ▷(If and as_long_as there_are Member_States_with_a_derogation, (the European_Central_Bank) shall, as_regards those_Member_States:
-- strengthen cooperation between the national_central_banks,
-- strengthen the coordination of the monetary_policies of the Member_States, with the aim of ensuring price_stability,
-- monitor the functioning_of_the_exchange_rate_mechanism,
-- hold consultations concerning issues falling within the competence of the national_central_banks and [affecting] the stability of (financial_institutions and markets),
-- ([carry_out] the former_tasks of the European_Monetary_Cooperation_Fund which [had subsequently been_taken_over] by the European_Monetary_Institute)).
#h3.4.8.5.3c2#
▷(Each_Member_State_with_a_derogation [shall treat] its_exchange_rate_policy as a matter of common_interest).
▷(In so doing, Member_States shall take_account of the experience acquired in cooperation within the framework of the exchange_rate_mechanism).
#h3.4.8.5.4c1#
1. ▷(Where a Member_State_with_a_derogation is in difficulties or is_seriously threatened with difficulties as_regards its_balance_of_payments either as a result of an_overall disequilibrium in its_balance_of_payments, or as a result of the type of currency at its_disposal, and where such_difficulties are liable (in particular) to jeopardise the functioning_of_the_internal_market or the implementation of the common_commercial_policy, the Commission shall immediately investigate the position of the State in question and the action which, [making] (use) ((of all_the_means) (at its_disposal), (that_State has_taken or may take in_accordance_with the provisions of the_Treaties)).
▷(The Commission [shall state] ((what_measures) ((it{Cm}) [recommends] (the State_concerned) (to take)))).
▷(If the action taken by a Member_State_with_a_derogation and the measures suggested by the Commission do_not_prove sufficient to overcome the difficulties which have arisen or which threaten, the Commission shall, after consulting the Economic_and_Financial_Committee, [recommend] to the Council the granting of mutual_assistance and appropriate_methods therefor).
▷(The Commission [shall keep the Council regularly informed] ((of the situation) and (of how it{Cm} is_developing))).
#h3.4.8.5.5c1#
2. ▷((The Council [shall grant] such{above}_mutual_assistance);
it{Cn} [shall adopt] ((directives or decisions) [laying_down] ((the conditions and details) of such{above}_assistance, (which{assistance} may take such{below}_forms as:
(a) (a concerted approach to or within any_other_international_organisations to which Member_States_with_a_derogation may have recourse);
(b) (measures [needed] (to [avoid] (deflection of trade)) (where (the Member_State_with_a_derogation which is in difficulties) [maintains or reintroduces] quantitative_restrictions against third_countries));
(c) (the granting of limited credits by other_Member_States, subject to their_agreement))))).
#h3.4.8.5.5c2#
3. ▷(((If (the mutual_assistance [recommended] by the Commission) [is_not_granted] by the Council) :or (if (the mutual_assistance granted) and ((the measures taken) [are] insufficient))), the Commission [shall authorise] the Member_State_with_a_derogation which is in difficulties to take protective_measures, the conditions and details of which the Commission shall determine).
▷((Such_authorisation [may be_revoked] and such_(conditions and details) [may be_changed]) by the Council).
#h3.4.8.5.5c3#
1. ▷((Where (((a sudden_crisis in the balance_of_payments) [occurs]) and (a decision within the meaning of Article_143.2
is_not immediately taken))), a Member_State_with_a_derogation [may, as a precaution, take] the necessary_protective_measures).
▷(Such_measures (([must cause] (the least_possible_disturbance) in the functioning_of_the_internal_market) and ([must not_be] wider in scope than is strictly_necessary to remedy the sudden difficulties which have_arisen))).
#h3.4.8.5.6c1#
2. ▷(The Commission and the other_Member_States [shall be_informed] of such_protective_measures not_later than when they enter into force).
▷(The Commission [may recommend] to the Council the granting of mutual_assistance under Article_143).
#h3.4.8.5.6c2#
3. ▷(After the Commission [has_delivered] a recommendation and the Economic_and_Financial_Committee has_been_consulted, the Council may decide that the Member_State_concerned shall amend, suspend or abolish the protective_measures referred_to above). #h3.4.8.5.6c3#
▷(Member_States and the_Union [shall, in_accordance_with this_Title, work] (towards developing a coordinated_strategy for employment and particularly for promoting ((a (skilled, trained and adaptable)_workforce) and (labour_markets responsive to economic_change))) (with a view to achieving the objectives [defined] in Article_3_of_the_Treaty_on_the_European_Union)). #h3.4.9.1c1#
1. ▷(Member_States, through their_employment_policies, shall contribute to the achievement of the objectives [referred_to] in Article_145 in a way consistent with the broad_guidelines of the economic_policies of the Member_States and_of_the_Union adopted pursuant_to Article_121.2). #h3.4.9.2c1#
2. ▷((Member_States, having_regard to (national_practices [related] to the responsibilities of management_and_labour)), (([shall regard] promoting employment as a matter of common_concern) and ([shall coordinate] their_action in this{employment}_respect within the Council)), (in_accordance_with the provisions of Article_148)). #h3.4.9.2c2#
1. ▷(The_Union [shall contribute] to a high_level_of_employment by encouraging cooperation between Member_States and by supporting and, if necessary, complementing their_action).
▷(In doing so, the competences of the Member_States shall be_respected).
#h3.4.9.3c1#
2. ▷(The objective of a high_level_of_employment) shall be_taken into consideration in the formulation and implementation of Union_policies_and_activities). #h3.4.9.3c2#
1. ▷(The European_Council [shall each_year consider] the employment_situation in the_Union and [adopt] conclusions thereon, on the basis of a joint_annual_report by the Council and the Commission). #h3.4.9.4c1#
2. ▷(On the basis of the conclusions of the European_Council, the Council, on a proposal_from_the_Commission and after consulting the European_Parliament, the Economic_and_Social_Committee, the Committee_of_the_Regions and the Employment_Committee [referred_to] in Article_150, [shall each_year draw_up] guidelines which the Member_States shall take_into_account in their_employment_policies).
▷(These_guidelines shall be_consistent with the broad_guidelines adopted pursuant_to Article_121.2).
#h3.4.9.4c2#
3. ▷(Each_Member_State [shall provide] the Council and the Commission with an_annual_report on the principal_measures taken to implement its_employment_policy in the light of the guidelines_for_employment as [referred_to] in paragraph_2). #h3.4.9.4c3#
4. ▷((The Council, on the basis of (the reports [referred_to] in paragraph_3) and [having_received] the views of the Employment_Committee), [shall each_year carry_out] an_examination of the implementation of the employment_policies of the Member_States in the light of the guidelines_for_employment).
▷(The Council, on a recommendation from the Commission, [may, if it considers it appropriate_in the light of that_examination, make_recommendations] to Member_States).
#h3.4.9.4c4#
5. ▷(On the basis of the results of that_examination, the Council and the Commission shall make a joint_annual_report to the European_Council on the employment_situation in the_Union and on the implementation of the guidelines_for_employment). #h3.4.9.4c5#
▷(The European_Parliament and the Council, [acting] in_accordance_with the ordinary_legislative_procedure and after consulting the Economic_and_Social_Committee and the Committee_of_the_Regions, may adopt incentive measures designed to encourage cooperation between Member_States and to support their_action in the field of employment through initiatives aimed at developing exchanges_of_information and best practices, providing comparative_analysis and advice as_well_as promoting innovative_approaches and evaluating experiences, (in particular) by recourse to pilot_projects). #h3.4.9.5c1#
▷(Those_measures shall not_include harmonisation of the laws_and_regulations of the Member_States). #h3.4.9.5c2#
▷(The Council, [acting] by a simple_majority after consulting the European_Parliament, [shall establish] an_Employment_Committee with advisory_status to [promote] coordination between Member_States on employment and labour_market policies).
▷(The tasks of the Committee shall be:
-- to monitor the employment_situation and employment_policies in the Member_States and the_Union,
-- without prejudice to Article_240, to formulate opinions at the request of either the Council or the Commission or on its_own initiative, and to contribute to the preparation of the Council proceedings [referred_to] in Article_148).
#h3.4.9.6c1#
▷(In fulfilling its_mandate, the Committee shall consult management_and_labour). #h3.4.9.6c2#
▷(Each_Member_State and the Commission shall appoint two_members of the Committee). #h3.4.9.6c3#
▷(The_Unionand the Member_States, having in mind fundamental_social_rights such_as those set_out in the European_Social_Charter signed at Turin on 18_October_1961 and in the 1989 Community_Charter_of_the_Fundamental_Social_Rights_of_Workers), [shall have] as their_objectives (the promotion of employment), (improved living_and_working_conditions, so_as to make possible their_harmonisation while the improvement is_being_maintained), proper_social_protection, (dialogue between management_and_labour), (the development of human_resources with a view to lasting_high_employment) and (the combating of exclusion)). #h3.4.10.1c1#
▷(To this_end the_Union and the Member_States shall implement measures which take_account of the diverse forms of national_practices, (in particular) in the field of contractual_relations, and the need to maintain the competitiveness_of_the_Union_economy). #h3.4.10.1c2#
▷(They [believe] (that such_a_development [will_ensue] not only from the functioning_of_the_internal_market, which [will_favour] the harmonisation of social_systems, but also from the procedures [provided_for] in the_Treaties and from the approximation of provisions [laid_down] by law_regulation_or_administrative_action). #h3.4.10.1c3#
▷(The_Union [recognises and promotes] the role of the social_partners at its{U}_level, taking_into_account the diversity of national_systems).
▷(It{U} [shall facilitate] (dialogue between the social_partners), ([respecting] their_autonomy)).
#h3.4.10.2c1#
▷(The Tripartite_Social_Summit_for_Growth_and_Employment [shall contribute] to social_dialogue). #h3.4.10.2c2#
1. ▷((With a view to achieving the objectives of Article_151), the_Union [shall (support and complement)] (the activities (of the Member_States) (in the following_fields:
(a) (improvement (in particular) (of the working_environment) (to [protect] (workers'_(health and safety))));
(b) working_conditions;
(c) (social_security and (social_protection of workers));
(d) (protection of (workers (where their{workers}_employment_contract is_terminated)));
(e) ((the information and consultation) of workers);
(f) ((representation and collective_defence) of ((the interests of (workers and employers)), (including co_determination, (subject to paragraph_5))));
(g) conditions_of_employment for third_country_nationals legally residing in Union territory;
(h) the integration of persons excluded from the labour_market, without prejudice to Article_166;
(i) equality (between men and women) (with_regard_to (labour_market_opportunities and (treatment at work)));
(j) the combating of social_exclusion;
(k) the modernisation of social_protection_systems without prejudice to point (c)))).
#h3.4.10.3c1#
2. ▷(To this_end), (the European_Parliament and the Council):
(a) [may adopt] measures designed to encourage cooperation between Member_States through initiatives [aimed] at [improving] knowledge, developing exchanges_of_(information and bestpractices), promoting innovative_approaches and evaluating experiences, excluding any_harmonisation of the laws_and_regulations of the Member_States;
(b) [may adopt], in the fields [referred_to] in paragraph_1.a to (i), by means of directives, minimum requirements for gradual implementation, having regard to the conditions and technical_rules obtaining in each_of_the_Member_States).
▷(Such_directives shall avoid imposing (administrative, financial and legal_constraints) in a way which would_hold_back (the creation and development) of small_and_medium_sized_undertakings).
▷(The European_Parliament and the Council [shall act] in_accordance_with the ordinary_legislative_procedure after consulting the Economic_and_Social_Committee and the Committee_of_the_Regions).
▷(In the fields [referred_to] in paragraph_1.c, (d), (f) and (g), the Council [shall act] unanimously, in_accordance_with a special_legislative_procedure, after consulting the European_Parliament and the said Committees).
▷(The Council, [acting] unanimously on a proposal_from_the_Commission, after consulting the European_Parliament, may decide to render the ordinary_legislative_procedure applicable to paragraph_1.d, (f) and (g).
#h3.4.10.3c2#
3. ▷(A Member_State [may entrust] management_and_labour, at their_joint_request, with the implementation of directives adopted pursuant_to paragraph_2, or, where appropriate, with the implementation (of a Council_decision [adopted] in_accordance_with Article_155).
▷(In this_case, it [shall ensure] that, no_later than the date on which a directive or a decision must be_transposed or implemented, management_and_labour have introduced the necessary_measures by agreement, the Member_State_concerned being required to take any_necessary_measure enabling it at any_time to be in a position to guarantee the results imposed by that directive or that decision).
#h3.4.10.3c3#
4. ▷(The provisions adopted pursuant_to this_Article:
-- shall not_affect the right of Member_States to define the fundamental_principles of their_social_security_systems and must not_significantly affect the financial_equilibrium thereof,
-- shall not_prevent any_Member_State from maintaining or introducing more_stringent_protective_measures compatible with the_Treaties).
#h3.4.10.3c4#
5. ▷(The provisions of this_Article [shall not_apply] to pay, the right_of_association, the right_to_strike or the right_to_impose_lock_outs). #h3.4.10.3c5#
1. ▷(The Commission [shall have_the_task] of promoting the consultation of management_and_labour at Union_level and shall take any_relevant_measure to facilitate their_dialogue by ensuring balanced_support for the parties). #h3.4.10.4c1#
2. ▷((To this_end), before (submitting proposals in the social_policy_field), the Commission [shall consult] management_and_labour (on the possible direction of Union_action)). #h3.4.10.4c2#
3. ▷(If, after such_consultation, the Commission [considers] Union_action advisable), it [shall consult] management_and_labour on the content of the envisaged proposal).
▷(Management and labour [shall forward] to the Commission an_opinion or, where appropriate, a recommendation).
#h3.4.10.4c3#
4. ▷(On the occasion of the consultation [referred_to] in paragraphs 2 and 3, management_and_labour may inform the Commission of (their_wish to [initiate] the process [provided_for] in Article_155)).
▷((The duration of this_process) [shall not_exceed] nine months, unless the management_and_labour_concerned and the Commission decide jointly to extend it).
#h3.4.10.4c4#
1. ▷((Should management_and_labour so desire), (the dialogue between them at Union_level) [may lead] to (contractual_relations, including agreements)). #h3.4.10.5c1#
2. ▷((Agreements concluded at Union_level) [shall be_implemented] either in_accordance_with the procedures and practices specific to management_and_labour and the Member_States or, in matters [covered] by Article_153, at the joint request of the signatory_parties, by a Council_decision on a proposal_from_the_Commission).
▷(The European_Parliament [shall be_informed]).
▷(The Council [shall act] unanimously where the agreement in question contains ((one or more) provisions) relating to one of the areas for which unanimity is_required pursuant_to Article_153.2).
#h3.4.10.5c2#
▷(With a view to achieving the objectives of Article_151 and without prejudice to the other_provisions of the_Treaties, the Commission shall encourage cooperation between the Member_States and facilitate the coordination of their_action in all_social_policy_fields under this_Chapter, particularly in matters [relating] to:
-- employment,
-- (labour_law and working_conditions),
-- basic and advanced vocational_training,
-- social_security,
-- prevention of occupational_accidents_and_diseases,
-- occupational_hygiene,
-- (the right_of_association) and (collective_bargaining_between_employers_and_workers).
#h3.4.10.6c1#
▷(To this_end, the Commission [shall act] in close contact with Member_States by making studies, delivering opinions and arranging consultations both on problems arising at national_level and on those of concern to international_organisations, (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)).
#h3.4.10.6c2#
▷(Before delivering the opinions [provided_for] in this_Article, the Commission shall consult the Economic_and_Social_Committee). #h3.4.10.6c3#
1. ▷(Each_Member_State [shall ensure] that (the principle of equal_pay for (male and female) workers for equal_work or (work of equal_value)) [is_applied]). #h3.4.10.7c1#
2. ▷(For the purpose of this_Article), ("pay") [means] ((the ordinary (basic or minimum) (wage or salary)) and (any_other_consideration)), (whether in cash or in kind), (which (the worker) [receives] (directly or indirectly), (in respect of his_employment), (from his_employer)).
▷(Equal_pay without (discrimination [based] on sex) [means]:
(a) (that pay for the same_work at piece_rates [shall be_calculated] on the basis of the same_unit of measurement);
(b) (that pay for work at time_rates [shall be] the same for the same_job)).
#h3.4.10.7c2#
3. ▷(The European_Parliament and the Council, [acting] in_accordance_with the ordinary_legislative_procedure, and after consulting the Economic_and_Social_Committee, [shall adopt] measures to ensure the application of the principle of equal_opportunities and equal_treatment of men and women in matters of employment and occupation, including the principle of equal_pay for equal_work or work of equal_value). #h3.4.10.7c3#
4. ▷((With a view to ensuring full_equality in practice between (men and women) in working_life), (the principle of equal_treatment) [shall not_prevent] any_Member_State (from maintaining or adopting measures providing for specific_advantages in_order to make it easier for the underrepresented_sex to pursue a vocational_activity or to prevent or compensate for disadvantages in professional_careers)). #h3.4.10.7c4#
▷(Member_States [shall endeavour] (to [maintain] the existing_equivalence between paid_holiday_schemes)). #h3.4.10.8c1#
▷(The Commission [shall draw_up] a report each_year on progress in achieving the objectives of Article_151, including the demographic_situation in the_Union).
▷(It shall forward the report to the European_Parliament, the Council and the Economic_and_Social_Committee).
#h3.4.10.9c1#
▷(The Council, [acting] by a simple_majority after consulting the European_Parliament, [shall establish] a Social_Protection_Committee with advisory_status to [promote] cooperation on social_protection policies between Member_States and with the Commission).
▷(The tasks of the Committee shall be:
-- to monitor the social_situation and the development of social_protection policies in the Member_States and the_Union,
-- (to [promote] exchanges of (information, experience and good_practice) between Member_States and with the Commission),
-- without prejudice to Article_240, to prepare reports, formulate opinions or undertake other_work within its_fields of competence, at the request of either the Council or the Commission or on its_own initiative).
#h3.4.10.10c1#
▷(In fulfilling its_mandate, the Committee [shall establish] appropriate_contacts with management_and_labour). #h3.4.10.10c2#
▷(Each_Member_State and the Commission shall appoint two_members of the Committee). #h3.4.10.10c3#
▷(The Commission [shall include] a separate chapter on social_developments within the_Union in its_annual_report to the European_Parliament). #h3.4.10.11c1#
▷(The European_Parliament [may invite] the Commission to draw_up reports on any_particular problems concerning social_conditions). #h3.4.10.11c2#
▷(In_order to improve employment_opportunities for workers in the internal_market and to contribute thereby to raising the standard_of_living, a European_Social_Fund [is hereby established] in_accordance_with the provisions set_out below; it shall aim to render the employment of workers easier and to increase their_geographical and occupational mobility within the_Union, and to facilitate their_adaptation to industrial_changes and to changes in production_systems, (in particular) through vocational_training and retraining). #h3.4.11.1c1#
▷(The Fund shall be_administered by the Commission). #h3.4.11.2c1#
▷(The Commission [shall be_assisted] (in this_task) (by (a Committee ([presided_over] by a Member of the Commission) and ([composed] (of representatives (of governments, trade_unions and employers'_organisations)))))). #h3.4.11.2c2#
▷(The European_Parliament and the Council, [acting] in_accordance_with the ordinary_legislative_procedure and after consulting the Economic_and_Social_Committee and the Committee_of_the_Regions, [shall adopt] implementing regulations relating to the European_Social_Fund). #h3.4.11.3c1#
1. ▷(The_Union [shall contribute] to the development of quality_education by encouraging cooperation between Member_States and, if necessary, by supporting and supplementing their_action, while fully respecting the responsibility of the Member_States for the content_of_teaching and the organisation of education_systems and their_(cultural and linguistic)_diversity).
▷(The_Union [shall contribute] to the promotion of European sporting_issues, while taking_account of the specific_nature of sport, its_structures based on voluntary_activity and its_social and educational function).
#h3.4.12.1c1#
2. ▷(Union_action) [shall be_aimed] (at:
-- ([developing] (the European_dimension in education), ((particularly through) the (teaching and dissemination) of (the languages of the Member_States))),
-- [encouraging] mobility of students and teachers, by encouraging inter alia, the academic recognition of diplomas and periods_of_study,
-- [promoting] cooperation between educational_establishments,
-- [developing] exchanges_of_information and experience on issues common to the education_systems of the Member_States,
-- [encouraging] the development of youth_exchanges and of exchanges of socio_educational_instructors, and encouraging the participation of young_people in democratic_life in Europe,
-- [encouraging] the development of distance_education,
-- [developing] the European_dimension in sport, (by promoting ((fairness and openness in sporting_competitions) and (cooperation between (bodies responsible for sports)))), and (by [protecting] (the (physical and moral)_integrity of ((sportsmen and sportswomen), especially the youngest_(sportsmen and sportswomen))))).
#h3.4.12.1c2#
3. ▷(The_Union and the Member_States) [shall foster] cooperation with third_countries and the competent international_organisations in (the field of education and sport), (in particular) the Council_of_Europe). #h3.4.12.1c3#
4. ▷(In_order to contribute to the achievement of the objectives [referred_to] in this_Article:
-- the European_Parliament and the Council, [acting] in_accordance_with the ordinary_legislative_procedure, after consulting the Economic_and_Social_Committee and the Committee_of_the_Regions, [shall adopt] incentive measures, excluding any_harmonisation of the laws_and_regulations of the Member_States,
-- the Council, on a proposal_from_the_Commission, [shall adopt] recommendations).
#h3.4.12.1c4#
1. ▷(The_Union [shall implement] a vocational_training_policy which [shall support] and supplement the action of the Member_States, while fully respecting the responsibility of the Member_States for the content and organisation of vocational_training). #h3.4.12.2c1#
2. ▷(Union_action [shall aim] to:
-- facilitate adaptation to industrial_changes, (in particular) through vocational_training and retraining,
-- [improve] initial and continuing vocational_training in_order to facilitate vocational integration and reintegration into the labour_market,
-- ([facilitate] access to vocational_training and encourage mobility of ((instructors and trainees) and (particularly_young_people))),
-- [stimulate] cooperation on training between educational or training establishments and firms,
-- [develop] exchanges_of_information and experience on issues common to the training_systems of the Member_States).
#h3.4.12.2c2#
3. ▷(The_Union and the Member_States shall foster cooperation with third_countries and the competent international_organisations in the sphere of vocational_training). #h3.4.12.2c3#
4. ▷(The European_Parliament and the Council, [acting] in_accordance_with the ordinary_legislative_procedure and after consulting the Economic_and_Social_Committee and the Committee_of_the_Regions, [shall adopt] measures to contribute to the achievement of the objectives [referred_to] in this_Article, excluding any_harmonisation of the laws_and_regulations of the Member_States, and the Council, on a proposal_from_the_Commission, [shall adopt] recommendations). #h3.4.12.2c4#
1. ▷(The_Union [shall contribute] to the flowering of the cultures of the Member_States, while respecting their_(national and regional)_diversity and at the same_time bringing the common_cultural_heritage to the fore). #h3.4.13.1c1#
2. ▷(Action_by_the_Union [shall be_aimed] at encouraging cooperation between Member_States and, if necessary, supporting and supplementing their_action in the following_areas:
-- improvement of the knowledge and dissemination of the culture and history of the European_peoples,
-- conservation and safeguarding of cultural_heritage of European significance,
-- non_commercial_cultural_exchanges,
-- artistic and literary creation, including in the audiovisual_sector).
#h3.4.13.1c2#
3. ▷(The_Union and the Member_States shall foster cooperation with third_countries and the competent international_organisations in the sphere of culture, (in particular) the Council_of_Europe). #h3.4.13.1c3#
4. ▷(The_Union shall take cultural_aspects into account in its_action under other_provisions of the_Treaties, (in particular) in_order to respect and to [promote] the diversity of its_cultures). #h3.4.13.1c4#
5. ▷(In_order to contribute to the achievement of the objectives [referred_to] in this_Article:
-- the European_Parliament and the Council [acting] in_accordance_with the ordinary_legislative_procedure and after consulting the Committee_of_the_Regions, [shall adopt] incentive measures, excluding any_harmonisation of the laws_and_regulations of the Member_States,
-- the Council, on a proposal_from_the_Commission, [shall adopt] recommendations).
#h3.4.13.1c5#
1. ▷(A high level of human_health_protection shall be_ensured in the definition and implementation of all_Union_policies_and_activities).
▷((Union_action, (which{action} shall complement national_policies)), [shall be_directed] towards ((improving public_health), (preventing physical and mental illness and diseases), and (obviating (sources of danger) to (physical and mental health)))).
▷(Such_action [shall cover] the fight against the major health_scourges, by promoting research into their_causes, their_transmission and their_prevention, as_well_as health information and education, and monitoring, (early_warning of) and combating serious_cross_border_threats to health).
▷(The_Union [shall complement] the Member_States'_action in reducing drugs_related health_damage, including information and prevention).
#h3.4.14.1c1#
2. ▷(The_Union [shall encourage] cooperation between the Member_States in the areas [referred_to] in this_Article and, if necessary, lend support to their_action).
▷(It shall (in particular) encourage cooperation between the Member_States to improve the complementarity of their_health_services in cross_border areas).
▷(Member_States shall, in liaison with the Commission, coordinate among themselves their_policies and programmes in the areas [referred_to] in paragraph_1).
▷(The Commission may, in close contact with the Member_States, take any_useful_initiative to [promote] such_coordination, (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]).
#h3.4.14.1c2#
3. ▷(The_Union and the Member_States shall foster cooperation with third_countries and the competent international_organisations in the sphere of public_health). #h3.4.14.1c3#
4. ▷(By way of derogation from Article_2.5 and Article_6.a and in_accordance_with Article_4.2.k the European_Parliament and the Council, [acting] in_accordance_with the ordinary_legislative_procedure and after consulting the Economic_and_Social_Committee and the Committee_of_the_Regions), [shall contribute] (to the achievement of the objectives [referred_to] in this_Article) (through adopting (in_order to [meet] common_safety_concerns):
(a) measures [setting] high_standards of ((quality and safety) of (organs and substances of human_origin)), blood and blood_derivatives; these_measures shall not_prevent any_Member_State from maintaining or introducing more_stringent_protective_measures;
(b) measures in the veterinary and phytosanitary fields which have as their_direct objective the protection of public_health;
(c) measures setting high_standards of quality and safety for medicinal_products and devices for medical_use).
#h3.4.14.1c4#
5. ▷(The European_Parliament and the Council), [acting] in_accordance_with the ordinary_legislative_procedure and after consulting the Economic_and_Social_Committee and the Committee_of_the_Regions, [may also adopt] (incentive_measures designed to protect and improve human_health and (in particular) to combat the major cross_border health_scourges), (measures concerning monitoring, (early_warning of) and combating serious cross_border threats to health), and (measures which have as their_direct objective the protection of public_health regarding tobacco and the abuse_of_alcohol), (excluding any_harmonisation of the laws_and_regulations of the Member_States). #h3.4.14.1c5#
6. ▷(The Council, on a proposal_from_the_Commission, may also adopt recommendations for the purposes [set_out] in this_Article). #h3.4.14.1c6#
7. ▷(Union_action [shall respect] the responsibilities of the Member_States for the definition of their_health_policy and for the organisation and delivery of health_services and medical_care).
▷(The responsibilities of the Member_States shall include the management of health_services and medical_care and the allocation of the resources assigned to them.
▷(The measures [referred_to] in paragraph_4.a shall not_affect national_provisions on the donation or medical_use of organs and blood).
#h3.4.14.1c7#
1. ▷(In_order to [promote] the interests_of_consumers and to ensure a high level of consumer_protection, the_Union shall contribute to protecting the health, safety and economic_interests_of_consumers, as_well_as to promoting their_right to information, education and to organise themselves in_order to safeguard their_interests). #h3.4.15.1c1#
2. ▷(The_Union shall contribute to the attainment of the objectives [referred_to] in paragraph_1 through:
(a) measures adopted pursuant_to Article_114 in the context of the completion of the internal_market;
(b) measures which support, supplement and monitor the policy pursued by the Member_States).
#h3.4.15.1c2#
3. ▷(The European_Parliament and the Council, [acting] in_accordance_with the ordinary_legislative_procedure and after consulting the Economic_and_Social_Committee, [shall adopt] the measures [referred_to] in paragraph_2.b). #h3.4.15.1c3#
4. ▷(Measures adopted pursuant_to paragraph_3 shall not_prevent any_Member_State from maintaining or introducing more_stringent_protective_measures).
▷(Such_measures [must be_compatible] with the_Treaties).
▷(The Commission [shall be_notified] of them.
#h3.4.15.1c4#
1. ▷((To help achieve the objectives [referred_to] in Articles 26 and 174 and to enable citizens_of_the_Union, economic_operators and regional_and_local_communities to derive full benefit from the setting_up of an_area without internal_frontiers), (the_Union) [shall contribute] to the establishment and development of trans_European_networks in the areas of transport, telecommunications and energy infrastructures). #h3.4.16.1c1#
2. ▷((Within the framework of a system_of_open_and_competitive_markets), action_by_the_Union [shall aim] at promoting the interconnection and interoperability of national_networks as_well_as access to such_networks).
▷(It{U} [shall take_account] (in particular) of (the need to [link] (island, landlocked and peripheral)_regions with the central_regions_of_the_Union)).
#h3.4.16.1c2#
1. ▷(In_order to achieve the objectives [referred_to] in Article_170, (the_Union):
-- [shall establish] a series of guidelines covering the objectives, priorities and broad_lines of measures envisaged in the sphere of trans_European_networks; these guidelines shall identify projects of common_interest,
-- [shall implement] any_measures that may prove necessary to ensure the interoperability of the networks, (in particular) in the field of technical_standardisation,
-- [may support] projects of common_interest supported by Member_States, which are identified in the framework of the guidelines [referred_to] in the first_indent, particularly through feasibility_studies, loan_guarantees or interest_rate_subsidies; the_Union [may also contribute], through the Cohesion_Fund set_up pursuant_to Article_177, to the financing of specific_projects in Member_States in the area of transport_infrastructure).
▷(The_Union's_activities [shall take_into_account] the potential economic_viability of the projects).
#h3.4.16.2c1#
2. ▷(Member_States [shall, (in liaison with the Commission), coordinate] among themselves{MS} the policies pursued at national_level (which{policies} [may have a significant impact] (on the achievement of the objectives [referred_to] in Article_170))).
▷(The Commission [may, in close cooperation with the Member_State, take] any_useful initiative to [promote] such_coordination).
#h3.4.16.2c2#
3. ▷(The_Union may decide to cooperate with third_countries to [promote] projects of mutual_interest and to ensure the interoperability of networks). #h3.4.16.2c3#
▷(The guidelines and other_measures) [referred_to] in Article_171.1 shall be_adopted by the European_Parliament and the Council, [acting] in_accordance_with the ordinary_legislative_procedure and after consulting the Economic_and_Social_Committee and the Committee_of_the_Regions). #h3.4.16.3c1#
▷((Guidelines and projects) of common_interest which [relate] to the territory_of_a_Member_State [shall require] the approval of the Member_State_concerned). #h3.4.16.3c2#
1. ▷(The_Union and the Member_States shall ensure that the conditions necessary for the competitiveness_of_the_Union's_industry exist).
▷(For that purpose, in_accordance_with a system_of_open_and_competitive_markets, (their_action) [shall be_aimed] at:
-- speeding up the adjustment of industry to structural_changes,
-- encouraging an_environment favourable to initiative and to the development of undertakings throughout the_Union, particularly small_and_medium_sized_undertakings,
-- encouraging an_environment favourable to cooperation between undertakings,
-- fostering better exploitation of the industrial potential of policies of innovation, research_and_technological_development).
#h3.4.17.1c1#
2. ▷(The Member_States shall consult each_other in liaison with the Commission and, where necessary, shall coordinate their_action).
▷(The Commission may take any_useful initiative to [promote] such_coordination, (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).
#h3.4.17.1c2#
3. ▷(The_Union shall contribute to the achievement of the objectives [set_out] in paragraph_1 through the policies_and_activities it pursues under other_provisions of the_Treaties).
▷(The European_Parliament and the Council, [acting] in_accordance_with the ordinary_legislative_procedure and after consulting the Economic_and_Social_Committee, may decide on specific_measures in support of action taken in the Member_States to achieve the objectives [set_out] in paragraph_1, excluding any_harmonisation of the laws_and_regulations of the Member_States).
▷(This_Title shall not_provide a basis for the introduction_by_the_Union of any_measure which [could lead] to a distortion of competition or contains tax_provisions or provisions relating to the rights and interests of employed_persons).
#h3.4.17.1c3#
▷(In_order to [promote] its_overall harmonious development, the_Union [shall develop and pursue] its_actions leading to the strengthening of its_economic, social and territorial cohesion). #h3.4.18.1c1#
▷(In particular, the_Union shall aim at reducing disparities between the levels_of_development of the various regions and the backwardness of the least favoured regions). #h3.4.18.1c2#
▷(Among the regions_concerned, particular attention shall be_paid to rural_areas, areas [affected] by industrial_transition, and regions which suffer from severe and permanent natural or demographic handicaps such_as the northernmost_regions with very low population density and island, cross_border and mountain regions). #h3.4.18.1c3#
▷(Member_States [shall conduct] their_economic_policies and shall coordinate them in such_a_way as, in addition, to attain the objectives [set_out] in Article_174. The formulation and implementation_of_the_Union's_policies_and_actions and the implementation of the internal_market shall take_into_account the objectives [set_out] in Article_174 and shall contribute to their_achievement).
▷(The_Union [shall also support] the achievement of these objectives by the action it{U} takes through the Structural_Funds (European Agricultural_Guidance_and_Guarantee_Fund, Guidance_Section;
European_Social_Fund; European_Regional_Development_Fund), the European_Investment_Bank and the other_existing_Financial_Instruments).
#h3.4.18.2c1#
▷(The Commission [shall submit] a report to the European_Parliament, the Council, the Economic_and_Social_Committee and the Committee_of_the_Regions every_three_years on the progress made towards achieving economic, social and territorial cohesion and on the manner in which the various_means [provided_for] in this_Article have contributed to it).
▷(This_report [shall, if necessary, be_accompanied] (by appropriate_proposals).
#h3.4.18.2c2#
▷(If specific_actions prove necessary outside the Funds and without prejudice to the measures decided upon within the framework of the other_Union_policies, such_actions may be_adopted by the Council [acting] in_accordance_with the ordinary_legislative_procedure and after consulting the Economic_and_Social_Committee and the Committee_of_the_Regions). #h3.4.18.2c3#
▷(The European_Regional_Development_Fund [is_intended] (to [help] (to [redress] the main regional_imbalances in the_Union (through participation ((in ((the development and structural_adjustment) of (regions whose{regions}_(development) [is_lagging_behind]))) and (in (the conversion of declining_industrial_regions))))))). #h3.4.18.3c1#
▷(Without prejudice to Article_178, the European_Parliament and the Council, [acting] (by (means of regulations)) in_accordance_with the ordinary_legislative_procedure and consulting the Economic_and_Social_Committee and the Committee_of_the_Regions, [shall define] the tasks, priority objectives and the organisation of the Structural_Funds, which [may involve] ([grouping] the Funds)).
▷(The general_rules applicable to them and the provisions necessary to ensure their_effectiveness and the coordination of the Funds with one_another and with the other_existing_Financial_Instruments [shall also be_defined] by the same_procedure).
#h3.4.18.4c1#
▷(A Cohesion_Fund set_up in_accordance_with the same_procedure shall provide a financial contribution to projects in the fields of environment and trans_European_networks in the area of transport_infrastructure). #h3.4.18.4c2#
▷(Implementing regulations relating to the European_Regional_Development_Fund shall be_taken by the European_Parliament and the Council, [acting] in_accordance_with the ordinary_legislative_procedure and after consulting the Economic_and_Social_Committee and the Committee_of_the_Regions). #h3.4.18.5c1#
▷(With_regard_to the European Agricultural_Guidance_and_Guarantee_Fund, Guidance_Section, and the European_Social_Fund, (Articles 43 and 164 respectively) [shall continue_to_apply]. #h3.4.18.5c2#
1. ▷(The_Union [shall have] the objective of strengthening its_scientific and technological bases by achieving a European_research_area in which researchers, scientific_knowledge and technology circulate freely, and encouraging it to become more_competitive, including in its_industry, while promoting all_the_research_activities deemed necessary by virtue of other_Chapters of the_Treaties). #h3.4.19.1c1#
2. ▷(For this_purpose the_Union [shall, throughout the_Union, encourage] undertakings, including small_and_medium_sized_undertakings, research_centres and universities in their_research_and_technological_development_activities of high_quality; it [shall support] their_efforts to cooperate with one_another, aiming, notably, at permitting researchers to cooperate freely across borders and at enabling undertakings to exploit the internal_market potential to the full, (in particular) through the opening_up of national_public_contracts, the definition of common_standards and [the_removal] of (legal and fiscal)_obstacles to that cooperation). #h3.4.19.1c2#
3. ▷(All_Union_activities under the_Treaties in the area of research_and_technological_development, including demonstration_projects, shall be_decided on and implemented in_accordance_with the provisions of this_Title). #h3.4.19.1c3#
▷(In pursuing these_objectives, the_Union [shall carry_out] the following_activities, complementing the activities carried_out in the Member_States:
(a) implementation of research_technological_development_and_demonstration_programmes, by promoting cooperation with and between undertakings, research_centres and universities;
(b) promotion of cooperation in the field of Union_research_technological_development_and_demonstration with third_countries and international_organisations;
(c) dissemination and optimisation of the results of activities in Union_research_technological_development_and_demonstration;
(d) stimulation of the training and mobility of researchers in the_Union).
#h3.4.19.2c1#
1. ▷(The_Union and the Member_States shall coordinate their_research_and_technological_development_activities so_as to ensure that national_policies and Union_policy are mutually consistent). #h3.4.19.3c1#
2. ▷(In close cooperation with the Member_State, the Commission may take any_useful initiative to [promote] the coordination [referred_to] in paragraph_1, (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).
#h3.4.19.3c2#
1. ▷(A multiannual framework_programme, setting_out all_the_activities_of_the_Union, shall be_adopted by the European_Parliament and the Council, [acting] in_accordance_with the ordinary_legislative_procedure after consulting the Economic_and_Social_Committee).
▷(The framework_programme shall:
-- establish the scientific_and_technological_objectives to be_achieved by the activities [provided_for] in Article_180 and fix the relevant priorities,
-- indicate the broad_lines of such_activities,
-- fix the maximum overall amount and the detailed rules for Union_financial_participation in the framework_programme and the respective shares in each of the activities provided for).
#h3.4.19.4c1#
2. ▷((The framework_programme) [shall be_adapted or supplemented] (as the situation changes)). #h3.4.19.4c2#
3. ▷(The framework_programme [shall be_implemented] through specific_programmes developed within each_activity).
▷(Each_specific_programme [shall define] the detailed rules for implementing it, fix its_duration and provide for the means deemed necessary).
▷(The sum of the amounts deemed necessary, fixed in the specific_programmes, may not_exceed the overall maximum amount fixed for the framework_programme and each_activity).
#h3.4.19.4c3#
4. ▷(The Council, [acting] in_accordance_with a special_legislative_procedure and after consulting the European_Parliament and the Economic_and_Social_Committee, [shall adopt] the specific_programmes). #h3.4.19.4c4#
5. ▷((As a complement to (the activities planned in the multiannual_framework_programme)), (the European_Parliament and the Council, [acting] in_accordance_with the ordinary_legislative_procedure and after consulting the Economic_and_Social_Committee), [shall establish] the measures necessary for the implementation of the European_research_area). #h3.4.19.4c5#
▷(For the implementation of the multiannual framework_programme the_Union shall:
-- determine the rules for the participation of undertakings, research_centres and universities,
-- lay_down the rules governing the dissemination of research_results).
#h3.4.19.5c1#
▷(In implementing the multiannual framework_programme, supplementary programmes may be_decided on involving the participation of certain Member_States only, which shall finance them subject to possible_Union_participation). #h3.4.19.6c1#
▷(The_Union [shall adopt] the rules applicable to supplementary_programmes, particularly as_regards the dissemination_of_knowledge and access by other_Member_States). #h3.4.19.6c2#
▷(In implementing the multiannual framework_programme, the_Union may make provision, in agreement with the Member_States_concerned, for participation in research_and_development_programmes undertaken by several Member_States, including participation in the structures created for the execution of those_programmes). #h3.4.19.7c1#
▷(In implementing the multiannual framework_programme the_Union may make provision for cooperation in Union_research_technological_development_and_demonstration with third_countries or international_organisations). #h3.4.19.8c1#
▷(The detailed arrangements for such_cooperation may be the subject of agreements between the_Union and the third_parties_concerned). #h3.4.19.8c2#
▷(The_Union [may set_up] joint_undertakings or any_other_structure necessary for the efficient_execution of Union research_technological_development_and_demonstration_programmes). #h3.4.19.9c1#
▷(The Council, on a proposal_from_the_Commission and after consulting the European_Parliament and the Economic_and_Social_Committee, [shall adopt] the provisions [referred_to] in Article_187). #h3.4.19.10c1#
▷(The European_Parliament and the Council, [acting] in_accordance_with the ordinary_legislative_procedure and after consulting the Economic_and_Social_Committee, [shall adopt] the provisions [referred_to] in Articles 183, 184 and 185. Adoption of the supplementary programmes shall require the agreement of the Member_States_concerned). #h3.4.19.10c2#
1. ▷(To promote scientific_and_technical_progress, industrial_competitiveness and the implementation of its_policies, the_Union [shall draw_up] a European_space_policy).
▷(To this_end, it may promote joint_initiatives, support research_and_technological_development and coordinate the efforts needed for the exploration and exploitation of space).
#h3.4.19.11c1#
2. ▷(To contribute to attaining the objectives [referred_to] in paragraph_1, the European_Parliament and the Council, [acting] in_accordance_with the ordinary_legislative_procedure, shall establish the necessary_measures, which may take the form of a European_space_programme, excluding any_harmonisation of the laws_and_regulations of the Member_States). #h3.4.19.11c2#
3. ▷(The_Union [shall establish] any_appropriate_relations with the European_Space_Agency). #h3.4.19.11c3#
4. ▷(This_Article [shall be] without prejudice to the other_provisions of this_Title). #h3.4.19.11c4#
▷(At (the beginning of each_year) the Commission shall send a report to the European_Parliament and to the Council).
▷(The report [shall include] information on research_and_technological_development_activities and the dissemination of results during the previous_year, and the work_programme for the current year).
#h3.4.19.12c1#
1. ▷(Union_policy_on_the_environment shall contribute to pursuit of the following_objectives:
-- preserving, protecting and improving the quality_of_the_environment,
-- protecting human_health,
-- prudent and rational utilisation of natural_resources,
-- [promoting] measures at international_level to deal with (regional or worldwide) environmental_problems, and (in particular) combating climate_change).
#h3.4.20.1c1#
2. ▷(Union_policy_on_the_environment shall aim at a high level of protection taking_into_account the diversity of situations in the various regions_of_the_Union).
▷(It shall be_based on the precautionary_principle and on the principles that preventive_action should be_taken, that environmental_damage [should as a priority be_rectified] at source and that the polluter [should_pay]).
▷(In this_context, harmonisation_measures answering environmental_protection requirements shall include, where appropriate, a safeguard_clause allowing Member_States to take provisional_measures, for non_economic_environmental_reasons, subject to a procedure_of_inspection_by_the_Union).
#h3.4.20.1c2#
3. ▷(In preparing its_policy_on_the_environment, the_Union shall take_account of:
-- available_(scientific_and_technical)_data,
-- environmental_conditions in the various_regions_of_the_Union,
-- the potential_(benefits and costs) of action or lack of action,
-- the (economic and social)_development_of_the_Union as a whole and (the balanced_development of its_regions).
#h3.4.20.1c3#
4. ▷(Within their_respective spheres_of_competence, the_Union and the Member_States shall cooperate with third_countries and with the competent international_organisations).
▷(The arrangements for Union_cooperation may be the subject of agreements between the_Union and the third_parties_concerned).
▷(The previous subparagraph [shall be] without prejudice to Member_States'_competence to negotiate in international_bodies and to conclude international_agreements).
#h3.4.20.1c4#
1. ▷((The European_Parliament and the Council), [acting] in_accordance_with the ordinary_legislative_procedure and after consulting (the Economic_and_Social_Committee and the Committee_of_the_Regions), [shall decide] what_action is to be_taken by the_Union in_order to achieve the objectives [referred_to] in Article_191). #h3.4.20.2c1#
2. ▷(By way of derogation from the decision_making_procedure [provided_for] in paragraph_1 and without prejudice to Article_114, the Council [acting] unanimously in_accordance_with a special_legislative_procedure and after consulting the European_Parliament, the Economic_and_Social_Committee and the Committee_of_the_Regions, [shall adopt]:
(a) provisions primarily of a fiscal_nature;
(b) measures affecting:
-- (town and country)_planning,
-- quantitative_management of water_resources or [affecting], directly or indirectly, the availability of those_resources,
-- land_use, with the exception of waste_management;
(c) measures significantly [affecting] a Member_State's_choice between different_energy_sources and the general_structure of its_energy_supply).
▷(The Council, [acting] unanimously on a proposal_from_the_Commission and after consulting the European_Parliament, the Economic_and_Social_Committee and the Committee_of_the_Regions, [may make] the ordinary_legislative_procedure applicable to the matters [referred_to] in the first_subparagraph).
#h3.4.20.2c2#
3. ▷(General_action_programmes setting_out priority objectives to be_attained shall be_adopted by the European_Parliament and the Council, [acting] in_accordance_with the ordinary_legislative_procedure and after consulting the Economic_and_Social_Committee and the Committee_of_the_Regions).
▷(The measures necessary for the implementation of these programmes shall be_adopted under the terms of paragraph_1 or 2, as the case may be).
#h3.4.20.2c3#
4. ▷(Without prejudice to certain measures adopted by the_Union, the Member_States shall finance and implement the environment_policy). #h3.4.20.2c4#
5. ▷(Without prejudice to the principle that the polluter_should_pay, if a measure based on the provisions of paragraph_1 involves costs deemed disproportionate for the public_authorities of a Member_State, such_measure shall lay_down appropriate_provisions in the form of:
-- temporary derogations, and (/ or)
-- financial_support from the Cohesion_Fund set_up pursuant_to Article_177).
#h3.4.20.2c5#
▷(The protective_measures adopted pursuant_to Article_192 shall not_prevent any_Member_State from maintaining or introducing more_stringent_protective_measures).
▷(Such_measures must be_compatible with the_Treaties).
▷(They shall be_notified to the Commission).
#h3.4.20.3c1#
1. ▷(In the context of the establishment and functioning_of_the_internal_market and with regard for the need to preserve and improve the environment, (Union_policy on energy) shall aim, in a spirit of solidarity between Member_States, to:
(a) ensure the functioning_of_the_energy_market;
(b) ensure security of energy supply in the_Union;
(c) promote energy efficiency and energy saving and the development of new and renewable forms of energy; and
(d) promote the interconnection of energy_networks).
#h3.4.21.1c1#
2. ▷((Without prejudice to the application of other_provisions of the_Treaties), the European_Parliament and the Council, [acting] in_accordance_with the ordinary_legislative_procedure, shall establish the measures necessary to achieve the objectives in paragraph_1).
▷(Such_measures [shall be_adopted] after (consultation of (the Economic_and_Social_Committee and the Committee_of_the_Regions))).
▷(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_192.2.c).
#h3.4.21.1c2#
3. ▷(By way of derogation from paragraph_2, the Council, [acting] in_accordance_with a special_legislative_procedure, shall unanimously and after consulting the European_Parliament, establish the measures referred to therein when they are primarily of a fiscal_nature). #h3.4.21.1c3#
1. ▷(The_Union [shall complement] the action of the Member_States in the tourism_sector, (in particular) by promoting the competitiveness of Union undertakings in that_sector).
▷(To that_end, (Union_action) [shall be_aimed] at:
(a) [encouraging] the creation of a favourable environment for the development of undertakings in this_sector;
(b) [promoting] cooperation between the Member_States, particularly by the exchange of good_practice).
#h3.4.22.1c1#
2. ▷(The European_Parliament and the Council, [acting] in_accordance_with the ordinary_legislative_procedure, shall establish specific_measures to complement actions within the Member_States to achieve the objectives [referred_to] in this_Article, excluding any_harmonisation of the laws_and_regulations of the Member_States). #h3.4.22.1c2#
1. ▷(The_Union [shall encourage] cooperation between Member_States in_order to improve the effectiveness of systems for preventing and protecting against natural or man_made disasters).
▷(Union_action) [shall aim] to:
(a) support and complement Member_States'_action at national, regional and local level in risk_prevention, in preparing their_civil_protection_personnel and in responding to natural or man_made disasters within the_Union;
(b) promote swift, effective operational_cooperation within the_Union between national civil_protection_services;
(c) promote consistency in international civil_protection work).
#h3.4.23.1c1#
2. ▷(The European_Parliament and the Council, [acting] in_accordance_with the ordinary_legislative_procedure shall establish the measures necessary to help achieve the objectives [referred_to] in paragraph_1, excluding any_harmonisation of the laws_and_regulations of the Member_States). #h3.4.23.1c2#
1. ▷(Effective_implementation of Union_law by the Member_States, (which{implementation}) [is] essential for the proper_functioning_of_the_Union, [shall be_regarded] as a matter of common_interest). #h3.4.24.1c1#
2. ▷(The_Union [may support] the efforts of Member_States to improve their_administrative_capacity to implement Union_law).
▷(Such_action may include facilitating the exchange of information and of civil_servants as_well_as supporting training_schemes).
▷(No Member_State shall be_obliged to avail (itself) of such_support).
▷(The European_Parliament and the Council, [acting] (by (means of regulations)) in_accordance_with the ordinary_legislative_procedure, shall establish the necessary_measures to this_end, excluding any_harmonisation of the laws_and_regulations of the Member_States).
#h3.4.24.1c2#
3. ▷(This_Article [shall be] without prejudice to the obligations of the Member_States to implement Union_law or to the prerogatives and duties of the Commission).
▷(It shall also be without prejudice to other_provisions of the_Treaties providing for administrative_cooperation among the Member_States and between them and the_Union).
#h3.4.24.1c3#
▷(The Member_States agree to associate with the_Union the non_European_countries_and_territories which have special_relations with Denmark, France, the Netherlands and the United_Kingdom).
▷(These_countries_and_territories (hereinafter called the "countries_and_territories") are listed in Annex_II).
#h3.5.1c1#
▷(The purpose of association shall be to [promote] the economic and social_development of the countries_and_territories and to establish close economic_relations between them and the_Union as a whole). #h3.5.1c2#
▷(In accordance_with the principles [set_out] in the preamble to this_Treaty, association shall serve primarily to further the interests and prosperity of the inhabitants of these countries_and_territories in_order to lead them to the economic, social and cultural development to which they aspire). #h3.5.1c3#
▷(Association [shall have] the following_objectives). #h3.5.2c1#
1. ▷(Member_States [shall apply] to their_trade with the countries_and_territories the same_treatment as they accord each_other_pursuant_to the_Treaties). #h3.5.2c2#
2. ▷(Each_country_or_territory [shall apply] to its_trade with Member_States and with the other_countries_and_territories the same_treatment as that which it applies to the European_State with which is_has special_relations). #h3.5.2c3#
3. ▷(The Member_States shall contribute to the investments required for the progressive development of these countries_and_territories). #h3.5.2c4#
4. ▷(For investments financed by the_Union, participation in tenders and supplies [shall be_open] (on equal_terms) to all_natural_and_legal_persons who [are] nationals of a Member_State or of one of the countries_and_territories). #h3.5.2c5#
5. ▷(In relations between Member_States and the countries_and_territories the right_of_establishment of nationals and companies or firms shall be_regulated in_accordance_with the provisions and procedures [laid_down] in the Chapter relating to the right_of_establishment and on a non_discriminatory basis, subject to any_special_provisions [laid_down] pursuant_to Article_203). #h3.5.2c6#
1. ▷(Customs_duties on imports into the Member_States of goods originating in the countries_and_territories shall be_prohibited in conformity with the prohibition of customs_duties between Member_States in_accordance_with the provisions of the_Treaties). #h3.5.3c1#
2. ▷(Customs_duties on imports into each_country_or_territory from Member_States or from the other_countries_or_territories shall be_prohibited in_accordance_with the provisions of Article_30). #h3.5.3c2#
3. ▷(The countries_and_territories [may, however, levy] customs_duties (which{duties} ([meet] the needs of their_development and industrialisation) or ([produce] revenue for their_budgets))).
▷(The duties [referred_to] in the preceding_subparagraph may not_exceed the level of those imposed on imports of products from the Member_State with which each_country_or_territory has special_relations).
#h3.5.3c3#
4. ▷(Paragraph 2 [shall not_apply] to countries_and_territories which, by reason of the particular international obligations by which they are bound, already apply a non_discriminatory customs tariff). #h3.5.3c4#
5. ▷((The introduction (of or) (any_change in (customs_duties [imposed] on (goods [imported] into the countries_and_territories)))) [shall not, (either (in law) or (in fact)), give_rise] to any_(direct or indirect)_discrimination between (imports from the various_Member_States)). #h3.5.3c5#
▷(If (the level of the duties) applicable to goods from a third_country on entry into a country_or_territory is_liable, (when the provisions of Article_200.1 have_been_applied), to cause deflections of trade to the detriment of any_Member_State, the latter{MS} [may request] the Commission to propose to the other_Member_States the measures [needed to remedy] the situation). #h3.5.4c1#
▷(Subject to the provisions relating to public_health, public_security or public_policy, freedom_of_movement within Member_States for workers from the countries_and_territories, and within the countries_and_territories for workers from Member_States, shall be_regulated by acts [adopted] in_accordance_with Article_203). #h3.5.5c1#
▷(The Council, [acting] unanimously on a proposal_from_the_Commission, shall, on the basis of the experience acquired under the association of the countries_and_territories with the_Union and of the principles [set_out] in the_Treaties, lay_down provisions as_regards the detailed rules and the procedure for the association of the countries_and_territories with the_Union).
▷(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).
#h3.5.6c1#
▷(The provisions of Articles 198 to 203 [shall apply] to Greenland, subject to the specific_provisions for Greenland [set_out] in the Protocol_onspecial_arrangements for Greenland, annexed to the_Treaties). #h3.5.7c1#
▷(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_the_European_Union). #h3.6.1.1c1#
▷(By establishing a customs_union in_accordance_with Articles 28 to 32, the_Union shall contribute, in the common_interest, to the harmonious development of world_trade, the progressive abolition of restrictions on international_trade and on foreign_direct_investment, and the lowering of customs and other_barriers). #h3.6.2.1c1#
1. ▷(The common_commercial_policy [shall be_based] on uniform_principles, (particularly with_regard_to changes in tariff_rates), the conclusion of (tariff and trade)_agreements relating to trade_in goods_and_services, and the commercial_aspects of intellectual_property, foreign_direct_investment, the achievement of uniformity in measures of liberalisation, export_policy and measures to protect trade such_as those to be_taken in the event of dumping or subsidies).
▷(The common_commercial_policy shall be_conducted in the context of the principles_and_objectives_of_the_Union's_external_action).
#h3.6.2.2c1#
2. ▷(The European_Parliament and the Council, [acting] (by (means of regulations)) in_accordance_with the ordinary_legislative_procedure, [shall adopt] (the measures defining the framework for implementing the common_commercial_policy). #h3.6.2.2c2#
3. ▷(Where agreements with (one or more)_(third_countries or international_organisations) need to be_negotiated and concluded, Article_218 [shall apply], subject to the special_provisions of this_Article).
▷(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).
#h3.6.2.2c3#
4. ▷(For the negotiation and conclusion of the agreements [referred_to] in paragraph_3, the Council [shall act] by a qualified_majority).
▷(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:
(a) in the field of trade in cultural and audiovisual services, where these agreements risk prejudicing the_Union's_(cultural and linguistic)_diversity;
(b) in the field of trade in social, education and health_services, where these agreements risk seriously disturbing the national_organisation of such_services and prejudicing the responsibility of Member_States to deliver them.
#h3.6.2.2c4#
5. ▷((((The negotiation and conclusion) of international_agreements) (in (the field of transport))) [shall be] subject ((to (Title_VI of Part_Three)) and (to Article_218))). #h3.6.2.2c5#
6. ▷(The exercise (of the competences (conferred by this_Article) (in the field of the common_commercial_policy))) [shall not_affect] the delimitation of competences between the_Union and the Member_States, and shall not_lead to harmonisation of legislative_or_regulatory_provisions of the Member_States in_so_far_as the_Treaties exclude such_harmonisation). #h3.6.2.2c6#
1. ▷(Union_policy in the field of development_cooperation shall be_conducted within the framework of the principles_and_objectives_of_the_Union's_external_action).
▷((The_Union's_development_cooperation_policy and that{policy} of the Member_States) [complement and reinforce] each_other).
▷(Union_development_cooperation_policy [shall have] as its_primary objective the reduction and, in the long_term, the eradication of poverty).
▷(The_Union [shall take_account] (of the objectives of development_cooperation (in the policies (that{policies} it{U} implements) (which{policies} are likely to affect developing_countries)))).
#h3.6.3.1.1c1#
2. ▷(The_Union and the Member_States [shall comply] with the commitments and take_account of the objectives they have approved in the context of the United_Nations and other_competent international_organisations). #h3.6.3.1.1c2#
1. ▷(The European_Parliament and the Council, [acting] in_accordance_with the ordinary_legislative_procedure, [shall adopt] the measures necessary for the implementation of development_cooperation_policy, (which{dcp}) [may relate] to multiannual_cooperation_programmes with developing_countries or programmes with a thematic_approach). #h3.6.3.1.2c1#
2. ▷(The_Union [may conclude] (with third_countries and competent_international_organisations) (any_agreement [helping] to achieve the objectives [referred_to] (in Article_21_of_the_Treaty_on_the_European_Union and in Article_208 of this_Treaty))).
▷(The first_subparagraph shall be without prejudice to Member_States'_competence to negotiate in international_bodies and to conclude agreements).
#h3.6.3.1.2c2#
3. ▷(The European_Investment_Bank shall contribute, under the terms [laid_down] in its_Statute, to the implementation of the measures [referred_to] in paragraph_1). #h3.6.3.1.2c3#
1. ▷(In_order to [promote] the complementarity and efficiency of their_action, the_Union and the Member_States shall coordinate their_policies on development_cooperation and shall consult each_other on their_aid_programmes, including in international_organisations and during international_conferences).
▷(They may undertake joint_action).
▷(Member_States shall contribute if necessary to the implementation of Union aid_programmes).
#h3.6.3.1.3c1#
2. ▷(The Commission may take any_useful initiative to [promote] the coordination [referred_to] in paragraph_1). #h3.6.3.1.3c2#
▷(Within their_respective spheres_of_competence, the_Union and the Member_States shall cooperate with third_countries and with the competent international_organisations). #h3.6.3.1.4c1#
1. ▷(Without prejudice to the other_provisions of the_Treaties, and (in particular) Articles 208 to 211, the_Union shall carry_out economic, financial and technical cooperation_measures, including assistance, (in particular) financial_assistance, with third_countries other than developing_countries).
▷(Such_measures shall be_consistent with the development_policy_of_the_Union and shall be_carried_out within the framework of the principles_and_objectives of its_external_action).
▷(The_Union's_operations and those of the Member_States shall complement and reinforce each_other).
#h3.6.3.2.1c1#
2. ▷(The European_Parliament and the Council, [acting] in_accordance_with the ordinary_legislative_procedure, [shall adopt] the measures necessary for the implementation of paragraph_1). #h3.6.3.2.1c2#
3. ▷(Within their_respective spheres_of_competence, the_Union and the Member_States shall cooperate with third_countries and the competent international_organisations).
▷(The arrangements for Union_cooperation may be the subject of agreements between the_Union and the third_parties_concerned).
▷(The first_subparagraph shall be without prejudice to the Member_States'_competence to negotiate in international_bodies and to conclude international_agreements).
#h3.6.3.2.1c3#
▷(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). #h3.6.3.2.2c1#
1. ▷((The_Union's_operations in the field of humanitarian_aid) [shall be_conducted] within the framework of the principles_and_objectives_of_the_external_action_of_the_Union).
▷(Such_operations [shall be_intended] (to [provide] (ad hoc) (assistance and relief and protection) (for people in third_countries (who{people} [are] victims of natural or man_made disasters)), (in_order to meet the humanitarian_needs resulting from these different_situations))).
▷(The_Union's_measures and those of the Member_States shall complement and reinforce each_other).
#h3.6.3.3.1c1#
2. ▷(Humanitarian_aid_operations [shall be_conducted] (in [compliance] ((with the principles of international_law) and (with (the principles of impartiality, neutrality and non_discrimination))))). #h3.6.3.3.1c2#
3. ▷(The European_Parliament and the Council, [acting] in_accordance_with the ordinary_legislative_procedure), [shall establish] (the measures defining the framework within which the_Union's_humanitarian_aid_operations shall be_implemented). #h3.6.3.3.1c3#
4. ▷(The_Union [may conclude] with third_countries and competent_international_organisations any_agreement helping to achieve the objectives [referred_to] in paragraph_1 and in Article_21_of_the_Treaty_on_the_European_Union).
▷(The first_subparagraph shall be without prejudice to Member_States'_competence to negotiate in international_bodies and to conclude agreements).
#h3.6.3.3.1c4#
5. ▷(In_order to establish a framework for joint_contributions from young_Europeans to the humanitarian_aid_operations_of_the_Union, a European_Voluntary_Humanitarian_Aid_Corps shall be_set_up).
▷(The European_Parliament and the Council, [acting] (by (means of regulations)) in_accordance_with the ordinary_legislative_procedure, shall determine the rules and procedures for the operation of the Corps).
#h3.6.3.3.1c5#
6. ▷(The Commission may take any_useful initiative to [promote] coordination between actions_of_the_Union and those of the Member_States, in_order to enhance the efficiency and complementarity of Union and national humanitarian_aid_measures). #h3.6.3.3.1c6#
7. ▷(The_Union [shall ensure] that its_humanitarian_aid_operations are coordinated and consistent with those of international_organisations and bodies, (in particular) those forming part of the United_Nations system). #h3.6.3.3.1c7#
1. ▷(Where a decision, adopted in_accordance_with Chapter_2 of Title_V of the Treaty_on_the_European_Union, provides for the interruption or reduction, in part or completely, of economic_and_financial_relations with (one or more) third_countries, the Council, [acting] by a qualified_majority on a joint proposal from the High_Representative_of_the_Union_for_Foreign_Affairs_and_Security_Policy and the Commission, [shall adopt] the necessary_measures).
▷(It shall inform the European_Parliament thereof).
#h3.6.4.1c1#
2. ▷(Where a decision adopted in_accordance_with Chapter_2 of Title_V of the Treaty_on_the_European_Union so provides, the Council may adopt restrictive measures under the procedure [referred_to] in paragraph_1 against natural_or_legal_persons and groups or non_State_entities). #h3.6.4.1c2#
3. ▷(The acts [referred_to] in this_Article shall include necessary provisions on legal_safeguards). #h3.6.4.1c3#
1. ▷(The_Union may conclude an_agreement with (one or more) third_countries or international_organisations where the_Treaties so provide or where the conclusion of an_agreement is_necessary in_order to achieve, within the framework_of_the_Union's_policies, one of the objectives [referred_to] in the_Treaties, or is_provided_for in a legally_binding_Union_act or is likely to affect common_rules or alter their_scope). #h3.6.5.1c1#
2. ▷(Agreements [concluded] by the_Union [are_binding] upon the institutions_of_the_Union and on its{U}_Member_States). #h3.6.5.1c2#
▷(The_Union may conclude with (one or more) third_countries or international_organisations agreements establishing an_association involving reciprocal_rights_and_obligations, common_action and special_procedure). #h3.6.5.2c1#
1. ▷(Without prejudice to the specific_provisions [laid_down] in Article_207, (agreements between (the_Union and (third_countries or international_organisations))) [shall be_[negotiated and concluded]] in_accordance_with the following_procedure). #h3.6.5.3c1#
2. ▷(The Council (([shall authorise] the opening of negotiations), ([adopt] negotiating_directives), ([authorise] (the signing of agreements)) and ([conclude] them))). #h3.6.5.3c2#
3. ▷(The Commission, or the High_Representative_of_the_Union_for_Foreign_Affairs_and_Security_Policy where the agreement envisaged relates (exclusively or principally) to the common_foreign_and_security_policy, [shall submit] recommendations to the Council, which [shall adopt] a decision authorising the opening of negotiations and, depending on the subject of the agreement envisaged, nominating the_Union_negotiator or the head_of_the_Union's_negotiating_team). #h3.6.5.3c3#
4. ▷(The Council (([may address] directives (to the negotiator)) and ([designate] (a special_committee ((in consultation with which{committee}) the negotiations [must be_conducted]))))). #h3.6.5.3c4#
5. ▷(The Council, on a proposal by the negotiator, [shall adopt] a decision authorising the signing of the agreement and, if necessary, its_provisional_application before entry_into_force). #h3.6.5.3c5#
6. ▷((The Council, on a proposal by the negotiator), [shall adopt] (a decision [concluding] the agreement)).
▷(Except where agreements [relate] exclusively to the common_foreign_and_security_policy, the Council [shall adopt] the decision concluding the agreement:
(a) after obtaining the consent of the European_Parliament in the following_cases:
(i) association agreements;
(ii) agreement on Union accession to the European_Convention_for_the_Protection_of_Human_Rights_and_Fundamental_Freedoms;
(iii) agreements establishing a specific_institutional_framework by organising cooperation procedures;
(iv) agreements with important budgetary implications for the_Union;
(v) agreements covering fields to which either the ordinary_legislative_procedure applies, or the special_legislative_procedure where consent by the European_Parliament is_required).
▷(The European_Parliament and the Council may, in an_urgent situation, agree upon a time_limit for consent).
▷(b) after consulting the European_Parliament in other_cases).
▷(The European_Parliament [shall deliver] its_opinion within a time_limit which the Council may set depending on the urgency of the matter).
▷(In the absence of an_opinion within that time_limit, the Council [may act]).
#h3.6.5.3c6#
7. ▷(When concluding an_agreement, the Council may, by way of derogation from paragraphs 5, 6 and 9, authorise the negotiator to approve on the_Union's_behalf modifications to the agreement where it provides for them to be_adopted by a simplified procedure or by a body set_up by the agreement).
▷(The Council) [may attach] (specific_conditions) (to such_authorisation).
#h3.6.5.3c7#
8. ▷(The Council) [shall act] (by a qualified_majority) (throughout the procedure).
▷(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_212 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).
#h3.6.5.3c8#
9. ▷(The Council, on a proposal_from_the_Commission or the High_Representative_of_the_Union_for_Foreign_Affairs_and_Security_Policy), [shall adopt] a decision suspending application of an_agreement and establishing the positions to be_adopted on the_Union's_behalf in a body set_up by an_agreement, when that_body is_called_upon to [adopt] (acts having legal_effects), with the exception of acts supplementing or amending the institutional_framework of the agreement). #h3.6.5.3c9#
10. ▷(The European_Parliament [shall be (immediately and fully) informed] at all_stages of the procedure). #h3.6.5.3c10#
11. ▷(A Member_State, the European_Parliament, the Council or the Commission [may obtain] the opinion of the Court_of_Justice as to whether an_agreement envisaged is_compatible with the_Treaties).
▷(Where the opinion of the Court is_adverse, the agreement envisaged may not_enter into force unless it is_amended or the_Treaties are revised).
#h3.6.5.3c11#
1. ▷(By way of derogation from Article_218, the Council, either on a recommendation from the European_Central_Bank or on a recommendation from the Commission and after consulting the European_Central_Bank, in an_endeavour to reach_a_consensus consistent with the objective of price_stability, may conclude formal agreements on an_exchange_rate_system for the euro in_relation_to the currencies of third_States).
▷(The Council [shall act] unanimously after consulting the European_Parliament and in_accordance_with the procedure [provided_for] in paragraph_3).
▷(The Council may, either on a recommendation from the European_Central_Bank or on a recommendation from the Commission, and after consulting the European_Central_Bank, in an_endeavour to reach_a_consensus consistent with the objective of price_stability, adopt, adjust or abandon the central rates of the euro within the exchange_rate_system).
▷(The President_of_the_Council [shall inform] the European_Parliament of the adoption, adjustment or abandonment of the euro_central_rates).
#h3.6.5.4c1#
2. ▷(In the absence of an_exchange_rate_system in_relation_to (one or more) currencies of third_States as [referred_to] in paragraph_1, the Council, either on a recommendation from the Commission and after consulting the European_Central_Bank or on a recommendation from the European_Central_Bank, may formulate general_orientations for exchange_rate_policy in_relation_to these currencies).
▷(These_general_orientations shall be without prejudice to the primary objective of the ESCB to maintain price_stability).
#h3.6.5.4c2#
3. ▷(By way of derogation from Article_218, (where (agreements [concerning] (monetary or foreign_exchange_regime)_matters) [need] (to [be_negotiated] by the_Union with (one or more)_(third_States or international_organisations))), the Council, (on a recommendation from the Commission and after consulting the European_Central_Bank), [shall decide] the arrangements ((for the negotiation) and (for (the conclusion of such_agreements)))).
▷(These_arrangements [shall ensure] (that (the_Union [expresses] a single_position))).
▷(The Commission [shall be fully associated] (with the negotiations)).
#h3.6.5.4c3#
4. ▷(Without prejudice to Union_competence and Union agreements as_regards economic_and_monetary_union, Member_States may negotiate in international_bodies and conclude international_agreements). #h3.6.5.4c4#
1. ▷(The_Union [shall establish] all_appropriate_forms of cooperation with the organs of the United_Nations and its_specialised agencies, the Council_of_Europe, the Organisation for Security and Cooperation in Europe and the Organisation for Economic Cooperation and Development).
▷(The_Union shall also maintain such_relations as are appropriate with other_international_organisations).
#h3.6.6.1c1#
2. ▷(The High_Representative_of_the_Union_for_Foreign_Affairs_and_Security_Policy and the Commission shall be_instructed to implement this_Article). #h3.6.6.1c2#
1. ▷(Union delegations in third_countries and at international_organisations shall represent the_Union). #h3.6.6.2c1#
2. ▷(Union delegations shall be_placed under the authority of the High_Representative_of_the_Union_for_Foreign_Affairs_and_Security_Policy).
▷(They [shall act] in close cooperation with Member_States'_diplomatic and consular missions).
#h3.6.6.2c2#
1. ▷(The_Union and its_Member_States) [shall act] (jointly) (in a spirit of solidarity) (if (a Member_State) [is] (the object of a terrorist_attack) (or the victim of a natural or man_made disaster)).
▷(The_Union [shall mobilise] (all_the_instruments at its_disposal, including the military resources made available by the Member_States), (to:
(a) prevent the terrorist_threat in the territory of the Member_States;
-- ([protect] democratic_institutions and the civilian_population from any_terrorist_attack);
-- assist a Member_State in its_territory, at the request of its_political authorities, in the event of a terrorist_attack;
(b) assist a Member_State in its_territory, at the request of its_political_authorities, in the event of a natural or man_made disaster).
#h3.6.7.1c1#
2. ▷(Should a Member_State be the object of a terrorist_attack or the victim of a natural or man_made disaster, the other_Member_States [shall assist] it at the request of its_political authorities).
▷(To that_end, the Member_States shall coordinate between themselves in the Council).
#h3.6.7.1c2#
3. ▷(The arrangements for the implementation by the_Union of the solidarity_clause [shall be_defined] by a decision adopted by the Council [acting] on a joint proposal by the Commission and the High_Representative_of_the_Union_for_Foreign_Affairs_and_Security_Policy).
▷(The Council [shall act] in_accordance_with Article_31.1_of_the_Treaty_on_the_European_Union where this_decision has defence implications).
▷(The European_Parliament [shall be_informed].
▷(For the purposes of this_paragraph and without prejudice to Article_240, 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_71; the two committees shall, if necessary, submit joint opinions).
#h3.6.7.1c3#
4. ▷(The European_Council [shall regularly assess] the threats facing the_Union in_order to enable the_Union and its_Member_States to take effective action). #h3.6.7.1c4#
1. ▷(The European_Parliament [shall draw_up] a proposal to lay_down the provisions necessary for the election of its_Members by direct_universal_suffrage in_accordance_with a uniform_procedure in all_Member_States or in_accordance_with principles common to all_Member_States).
▷(The Council, [acting] unanimously in_accordance_with a special_legislative_procedure and after obtaining the consent of the European_Parliament, which [shall act] by a majority_of_its_component_Members, shall lay_down the necessary_provisions).
▷(These_provisions shall enter into force following their_approval by the Member_States in_accordance_with their_respective constitutional_requirements).
#h3.7.1.1.1.1c1#
2. ▷(The European_Parliament, [acting] (by (means of regulations)) on its_own initiative in_accordance_with a special_legislative_procedure after seeking an_opinion from the Commission and with the approval of the Council, shall lay_down the regulations and general_conditions governing the performance of the duties of its_Members).
▷(All_rules or conditions relating to the taxation of Members or former_Members shall require unanimity within the Council).
#h3.7.1.1.1.1c2#
▷(The European_Parliament and the Council, [acting] in_accordance_with the ordinary_legislative_procedure, by means of regulations, shall lay_down the regulations governing political_parties at European_level [referred_to] in Article_10.4_of_the_Treaty_on_the_European_Union and (in particular) the rules regarding their_funding). #h3.7.1.1.1.2c1#
▷(The European_Parliament [may, [acting] by a majority_of_its_component_Members, request] the Commission to submit any_appropriate_proposal on matters on which it considers that a Union_act is_required for the purpose of implementing the_Treaties).
▷(If the Commission does_not_submit a proposal, it shall inform the European_Parliament of the reasons).
#h3.7.1.1.1.3c1#
▷(In the course of its_duties, the European_Parliament may, at the request of a quarter of its_component_Members, set_up a temporary Committee_of_Inquiry to investigate, without prejudice to the powers conferred by the_Treaties on other_institutions_or_bodies, alleged contraventions or maladministration in the implementation of Union_law, except where the alleged facts are being examined before a court and while the case is_still subject to legal_proceedings). #h3.7.1.1.1.4c1#
▷(The temporary Committee_of_Inquiry shall cease to exist on the submission of its_report). #h3.7.1.1.1.4c2#
▷(The detailed_provisions governing the exercise of the right of inquiry shall be_determined by the European_Parliament, [acting] (by (means of regulations)) on its_own initiative in_accordance_with a special_legislative_procedure, after obtaining the consent of the Council and the Commission). #h3.7.1.1.1.4c3#
▷(Any_citizen_of_the_Union, and any_natural_or_legal_person residing or having its_registered_office in a Member_State, [shall have] the right to address, individually or in association with other_citizens or persons, a petition to the European_Parliament on a matter ((which{m}) [comes] within the_Union's_fields_of_activity) and (which{m}) [affects] (him, her or it) directly). #h3.7.1.1.1.5c1#
1. ▷(A European_Ombudsman, elected by the European_Parliament, [shall be_empowered] (to [receive] complaints (from any_citizen_of_the_Union or any_natural_or_legal_person residing or having its_registered_office in a Member_State) (concerning instances of maladministration in (the activities_of_the_Union_institutions_bodies_offices_or_agencies, with the exception of (the Court_of_Justice_of_the_European_Union acting in its_judicial_role))))).
▷(He or she) [shall examine] such_complaints and report on them.
▷(In accordance_with his_duties, the Ombudsman shall conduct inquiries for which (he) finds grounds, either on his_own initiative or on the basis of complaints submitted to him direct or through a Member of the European_Parliament, except where the alleged facts are or have_been the subject of legal_proceedings).
▷(Where the Ombudsman [establishes] an_instance of maladministration, (he{O}) [shall refer] the matter to the institution_body_office_or_agency_concerned, which [shall have] a period of three_months in which to [inform] (him) (of its_views).
▷(The Ombudsman [shall then_forward] a report to the European_Parliament and the institution_body_office_or_agency_concerned).
▷(The person (lodging the complaint) [shall be_informed] of the outcome of such_inquiries).
▷(The Ombudsman [shall submit] an_annual_report to the European_Parliament on the outcome of his_inquiries).
#h3.7.1.1.1.6c1#
2. ▷(The Ombudsman [shall be_elected] after each_election of the European_Parliament for the duration of its_term_of_office).
▷(The Ombudsman shall be_eligible for reappointment).
▷(The Ombudsman may be_dismissed by the Court_of_Justice at the request of the European_Parliament if (he) no_longer fulfils the conditions required for the performance of his_duties or if (he) is_guilty of serious misconduct).
#h3.7.1.1.1.6c2#
3. ▷(The Ombudsman shall be completely independent in the performance of his_duties).
▷(In the performance of those_duties (he) [shall neither seek nor take] instructions from any_Government, institution, body, office or entity).
▷(The Ombudsman may not, during his_term_of_office, engage in any_other_occupation, whether gainful or not).
#h3.7.1.1.1.6c3#
4. ▷(The European_Parliament [acting] (by (means of regulations)) on its_own initiative in_accordance_with a special_legislative_procedure shall, after seeking an_opinion from the Commission and with the approval of the Council, lay_down the regulations and general_conditions governing the performance of the Ombudsman's_duties). #h3.7.1.1.1.6c4#
▷(The European_Parliament shall hold an_annual_session).
▷(It shall meet, without requiring to be_convened, on the second_Tuesday in March).
#h3.7.1.1.1.7c1#
▷(The European_Parliament may meet in extraordinary part_session at the request of a majority_of_its_component_Members or at the request of the Council or of the Commission). #h3.7.1.1.1.7c2#
▷(The Commission (([may attend] all_the_meetings) and [shall, at its_request, be_heard])). #h3.7.1.1.1.8c1#
▷(The Commission [shall reply] (orally or in writing) (to questions put to it{Cm}) by (the European_Parliament or by its_Members)). #h3.7.1.1.1.8c2#
▷(The European_Council and the Council [shall be_heard] by the European_Parliament in_accordance_with the conditions [laid_down] in the Rules_of_Procedure of the European_Council and those of the Council). #h3.7.1.1.1.8c3#
▷(Save as otherwise [provided] in the_Treaties), the European_Parliament [shall act] by a majority_of_the_votes_cast). #h3.7.1.1.1.9c1#
▷(The Rules_of_Procedure [shall determine] the quorum). #h3.7.1.1.1.9c2#
▷(The European_Parliament [shall adopt] its_Rules_of_Procedure, [acting] by a majority_of_its_Members). #h3.7.1.1.1.10c1#
▷(The proceedings of the European_Parliament) shall be_published in the manner [laid_down] in the_Treaties and in its_Rules_of_Procedure). #h3.7.1.1.1.10c2#
▷(The European_Parliament shall discuss in open session the annual general_report submitted to it by the Commission). #h3.7.1.1.1.11c1#
▷((If a motion_of_censure on the activities of the Commission is_tabled before it{EP}), the European_Parliament [shall not_vote] thereon{censure} (until (at least) three_days after (the motion has_been_tabled)) and (only by open_vote)). #h3.7.1.1.1.12c1#
▷(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_17_of_the_Treaty_on_the_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{date} the term_of_office of the members_of_the_Commission obliged to resign as a body would_have_expired).
#h3.7.1.1.1.12c2#
1. ▷(Where a vote is_taken, any_member of the European_Council may also act on behalf of (not_more than one) other_member).
▷(Article_16.4_of_the_Treaty_on_the_European_Union and Article_238.2 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).
#h3.7.1.1.2.1c1#
2. ▷(The President_of_the_European_Parliament [may be_invited] to (be_heard by the European_Council)). #h3.7.1.1.2.1c2#
3. ▷(The European_Council [shall act] by a simple_majority for procedural_questions and for the adoption of its_Rules_of_Procedure). #h3.7.1.1.2.1c3#
4. ▷(The European_Council shall be_assisted by the General_Secretariat_of_the_Council). #h3.7.1.1.2.1c4#
▷(The European_Council [shall adopt] by a qualified_majority:
(a) a decision establishing the list of Council_configurations, other than those of the General_Affairs_Council and of the Foreign_Affairs_Council, in_accordance_with Article_16.6_of_the_Treaty_on_the_European_Union;
(b) a decision on the Presidency of Council_configurations, other than that of Foreign_Affairs, in_accordance_with Article_16.9_of_the_Treaty_on_the_European_Union).
#h3.7.1.1.2.2c1#
▷(The Council [shall meet] (when [convened] by ((its_President on his_own initiative) (or at the request of one of its_Members) (or of the Commission))). #h3.7.1.1.3.1c1#
1. ▷(Where it is_required to act by a simple_majority, the Council [shall act] (by a majority_of_its_component_members). #h3.7.1.1.3.2c1#
2. ▷((By way of derogation from Article_16.4_of_the_Treaty_on_the_European_Union, as_from 1_November_2014) and (subject to the provisions [laid_down] in the Protocol_on_transitional_provisions, where the Council does_not_act on a proposal_from_the_Commission or from the High_Representative_of_the_Union_for_Foreign_Affairs_and_Security_Policy)), (the qualified_majority) [shall be_defined] (as (at least 72 % of the members_of_the_Council, (representing (Member_States ([comprising] (at least) 65 % of the population_of_the_Union))))). #h3.7.1.1.3.2c2#
3. ▷(As_from 1_November_2014 and subject to the provisions [laid_down] in the Protocol_on_transitional_provisions, in cases (where, under the_Treaties, not_all_the_members_of_the_Council [participate] in voting), (a qualified_majority) [shall be_defined] as follows:
(a) A_qualified_majority [shall be_defined] as (at least) 55 % of the members_of_the_Council representing the participating Member_States, comprising (at least) 65 % of the population of these States).
▷(A blocking_minority [must include] (at least) the minimum number of Council_members representing (more than 35 % of the population) of the participating Member_States, plus one_member, failing which the qualified_majority shall be_deemed attained;
(b) By way of derogation from point (a), where the Council does_not_act on a proposal_from_the_Commission or from the High_Representative_of_the_Union_for_Foreign_Affairs_and_Security_Policy, the qualified_majority [shall be_defined] as (at least) 72 % of the members_of_the_Council representing the participating Member_States, comprising (at least) 65 % of the population of these States).
#h3.7.1.1.3.2c3#
4. ▷(Abstentions by Members present in person or represented shall not_prevent the adoption by the Council of acts which require unanimity). #h3.7.1.1.3.2c4#
▷(Where a vote is_taken, (any_Member of the Council) [may also act] (on behalf (of not_more than one other_member)). #h3.7.1.1.3.3c1#
1. ▷(A committee consisting of the Permanent_Representatives_of_the_Governments of the Member_States) [shall be_responsible] (for preparing the work of the Council and for carrying_out the tasks assigned to it by the latter).
▷(The Committee) [may adopt] (procedural_decisions) (in cases [provided_for] in the Council's_Rules_of_Procedure).
#h3.7.1.1.3.4c1#
2. ▷(The Council [shall be_assisted] (by a General_Secretariat), (under the responsibility of a Secretary_General appointed by the Council).
▷(The Council [shall decide] on the organisation of the General_Secretariat by a simple_majority).
#h3.7.1.1.3.4c2#
3. ▷(The Council [shall act] by a simple_majority [regarding] procedural_matters and for the adoption of its_Rules_of_Procedure). #h3.7.1.1.3.4c3#
▷(The Council [acting] by a simple_majority [may request] the Commission to undertake any_studies the Council considers desirable for the attainment of the common_objectives, and to submit to it any_appropriate_proposals).
▷(If the Commission does_not_submit a proposal, it [shall inform] the Council of the reasons).
#h3.7.1.1.3.5c1#
▷(The Council, ([acting] (by a simple_majority))) [shall, after consulting the Commission, determine] (the rules ([governing] (the committees ([provided_for] (in the_Treaties))))). #h3.7.1.1.3.6c1#
▷(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{Cn} [shall also determine] (any_payment to be_made instead_of remuneration)).
#h3.7.1.1.3.7c1#
▷((In accordance_with Article_17.5_of_the_Treaty_on_the_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:
(a) Member_States [shall be_treated] on a strictly equal footing as_regards determination of the sequence of, and the time spent by, their_nationals as members_of_the_Commission; consequently, (the difference between the total_number of terms_of_office [held] by nationals of (any_given_pair of Member_States)) [may never be] (more than one);
(b) subject to point (a), each_successive_Commission [shall be so composed] as to reflect satisfactorily the (demographic and geographical)_range of all_the_Member_States).
#h3.7.1.1.4.1c1#
▷(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).
#h3.7.1.1.4.2c1#
▷(The Members_of_the_Commission may not, during their_term_of_office, engage in any_other_occupation, whether gainful or not).
▷(When [entering] (upon their_duties)) (they) shall give a solemn_undertaking that, ((both during and after) their_term_of_office), they [will_respect] the obligations arising therefrom and (in particular) their_duty to behave with integrity and discretion as_regards the acceptance, after they have ceased to hold office, of certain appointments or benefits).
▷(In the event of any_breach of these obligations, the Court_of_Justice [may, on application by the Council [acting] by a simple_majority or the Commission, rule] that the Member_concerned be, according_to the circumstances, either compulsorily retired in_accordance_with Article_247 or deprived of his_right to a pension or other_benefits in its_stead).
#h3.7.1.1.4.2c2#
▷(Apart_from normal_replacement, or death, the duties of a Member of the Commission shall end when (he) resigns or [is compulsorily retired]. #h3.7.1.1.4.3c1#
▷(A vacancy caused by resignation, compulsory_retirement or death shall be_filled for the remainder of the Member's_term_of_office by a new Member of the same_nationality appointed by the Council, by common_accord with the President_of_the_Commission, after consulting the European_Parliament and in_accordance_with the criteria [set_out] in the second_subparagraph of Article_17.3_of_the_Treaty_on_the_European_Union). #h3.7.1.1.4.3c2#
▷(The Council may, [acting] unanimously on a proposal from the President_of_the_Commission, decide that such_a_vacancy need not_be_filled, (in particular) when the remainder of the Member's_term_of_office is_short). #h3.7.1.1.4.3c3#
▷(In the event of resignation, compulsory_retirement or death, the President [shall be_replaced] for the remainder of his_term_of_office).
▷(The procedure [laid_down] in the first_subparagraph of Article_17.7_of_the_Treaty_on_the_European_Union [shall be] applicable for the replacement of the President).
#h3.7.1.1.4.3c4#
▷(In the event of resignation, compulsory_retirement or death, the High_Representative_of_the_Union_for_Foreign_Affairs_and_Security_Policy shall be_replaced, for the remainder of (his or her) term_of_office, in_accordance_with Article_18.1_of_the_Treaty_on_the_European_Union). #h3.7.1.1.4.3c5#
▷(In the case of the resignation of all_the_Members_of_the_Commission, they shall remain in office and continue_to_deal with current business until they have_been_replaced, for the remainder of their_term_of_office, in_accordance_with Article_17_of_the_Treaty_on_the_European_Union). #h3.7.1.1.4.3c6#
▷(If any_Member of the Commission no_longer fulfils the conditions required for the performance of his_duties or if (he) has_been_guilty of serious misconduct, (the Court_of_Justice) [may, on application by the Council [acting] by a simple_majority or the Commission, compulsorily retire] him). #h3.7.1.1.4.4c1#
▷(Without prejudice to Article_18.4_of_the_Treaty_on_the_European_Union, the responsibilities incumbent upon the Commission shall be_structured and allocated among its_members by its_President, in_accordance_with Article_17.6 of that_Treaty).
▷(The President may reshuffle the allocation of those_responsibilities during the Commission's_term_of_office).
▷(The Members_of_the_Commission shall carry_out the duties devolved upon them by the President under his_authority).
#h3.7.1.1.4.5c1#
1. ▷(The Commission [shall adopt] its_Rules_of_Procedure so_as to ensure that both it and its_departments operate).
▷(It shall ensure that these Rules are published).
#h3.7.1.1.4.6c1#
2. ▷(The Commission [shall publish] annually, not_later than one_month before the opening of the session of the European_Parliament, (a general_report on the activities_of_the_Union)). #h3.7.1.1.4.6c2#
▷(The Commission [shall act] by a majority_of_its_Members). #h3.7.1.1.4.7c1#
▷(Its_Rules_of_Procedure shall determine the quorum). #h3.7.1.1.4.7c2#
▷(The Court_of_Justice) [shall sit] (in chambers or in a Grand_Chamber), (in_accordance_with the rules [laid_down] for that purpose in the Statute_of_the_Court_of_Justice_of_the_European_Union). #h3.7.1.1.5.1c1#
▷(When [provided_for] in the Statute), (the Court_of_Justice) [may also sit] (as a full_Court). #h3.7.1.1.5.1c2#
▷(The Court_of_Justice [shall be_assisted] by eight Advocates_General).
▷(Should the Court_of_Justice so request, (the Council, [acting] unanimously), [may increase] (the number of Advocates_General).
#h3.7.1.1.5.2c1#
▷(It [shall be] (the duty of the Advocate_General, [acting] with complete impartiality and independence), (to make, in open_court, reasoned_submissions on cases (which{cases}), in_accordance_with the Statute_of_the_Court_of_Justice_of_the_European_Union, [require] his_involvement). #h3.7.1.1.5.2c2#
▷(((The Judges and Advocates_General) of the Court_of_Justice) [shall be_chosen] (from persons ((whose{persons}_independence is beyond doubt) and (who{persons} [possess] the qualifications required for appointment to the highest judicial_offices in their_respective countries) or (who{persons} [are] jurisconsults of recognised_competence)))); (they{Judges} [shall be_appointed] (by common_accord of the governments_of_the_Member_States) (for a term of six_years), (after consultation of the panel [provided_for] in Article_255)). #h3.7.1.1.5.3c1#
▷(Every_three_years [there_shall be] a partial_replacement of the Judges and Advocates_General, in_accordance_with the conditions [laid_down] in the Statute_of_the_Court_of_Justice_of_the_European_Union). #h3.7.1.1.5.3c2#
▷(The Judges [shall elect] the President_of_the_Court_of_Justice from among their_number for a term of three_years).
▷(He may be_re_elected).
#h3.7.1.1.5.3c3#
▷(Retiring_Judges and Advocates_General [may be_reappointed]. #h3.7.1.1.5.3c4#
▷(The Court_of_Justice [shall appoint] its_Registrar and lay_down the rules governing his_service). #h3.7.1.1.5.3c5#
▷(The Court_of_Justice [shall establish] its_Rules_of_Procedure).
▷(Those_Rules [shall require] the approval of the Council).
#h3.7.1.1.5.3c6#
▷(The number of Judges of the General_Court [shall be_determined] by the Statute_of_the_Court_of_Justice_of_the_European_Union).
▷(The Statute [may provide] for the General_Court to be_assisted by Advocates_General).
#h3.7.1.1.5.4c1#
▷(The members_of_the_General_Court [shall be_chosen] from persons whose_independence is beyond doubt and who{persons} [possess] the ability required for appointment to high judicial_office).
▷(They [shall be_appointed] by common_accord of the governments_of_the_Member_States for a term of six_years, after consultation of the panel [provided_for] in Article_255).
The membership [shall be partially renewed] every_three_years).
▷(Retiring members [shall be_eligible] for reappointment).
#h3.7.1.1.5.4c2#
▷(The Judges [shall elect] the President_of_the_General_Court from among their_number for a term of three_years).
▷(He [may be_re_elected].
#h3.7.1.1.5.4c3#
▷(The General_Court [shall appoint] its_Registrar and lay_down the rules governing his_service). #h3.7.1.1.5.4c4#
▷(The General_Court [shall establish] its_Rules_of_Procedure in agreement with the Court_of_Justice).
▷(Those_Rules [shall require] the approval of the Council).
#h3.7.1.1.5.4c5#
▷(Unless the Statute_of_the_Court_of_Justice_of_the_European_Union provides otherwise, the provisions of the_Treaties relating to the Court_of_Justice [shall apply] to the General_Court). #h3.7.1.1.5.4c6#
▷(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 253 and 254). #h3.7.1.1.5.5c1#
▷(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).
#h3.7.1.1.5.5c2#
1. ▷(The General_Court) [shall have_jurisdiction] to hear and determine at first_instance (actions or proceedings) [referred_to] in Articles 263, 265, 268, 270 and 272, (with the exception of those assigned to a specialised_court set_up under Article_257 and those reserved in the Statute for the Court_of_Justice).
▷(The Statute) [may provide] for the General_Court to have_jurisdiction for other_classes of action or proceeding).
▷(Decisions [given] by the General_Court under this_paragraph) [may be] subject to a right_of_appeal to the Court_of_Justice on points of law only, under the conditions and within the limits [laid_down] by the Statute).
#h3.7.1.1.5.6c1#
2. ▷(The General_Court) [shall have_jurisdiction] to hear and determine actions or proceedings brought against decisions of the specialised_courts).
▷(Decisions [given] by the General_Court under this_paragraph) [may exceptionally_be] (subject to review by the Court_of_Justice), (under the conditions and within the limits [laid_down] by the Statute), (where there_is a serious_risk of the unity_or_consistency_of_Union_law [being_affected]).
#h3.7.1.1.5.6c2#
3. ▷(The General_Court) [shall have_jurisdiction] to hear and determine questions referred for a preliminary_ruling under Article_267, in specific_areas [laid_down] by the Statute).
▷(Where (the General_Court) [considers] (that (the case) [requires] (a decision of principle) (likely to affect the unity_or_consistency_of_Union_law))), it [may refer] the case to the Court_of_Justice for a ruling).
▷(Decisions given by the General_Court on questions referred for a preliminary_ruling) [may exceptionally_be] (subject to review by the Court_of_Justice), (under the conditions and within the limits laid_down by the Statute), (where there_is a serious_risk of the unity_or_consistency_of_Union_law being_affected).
#h3.7.1.1.5.6c3#
▷(The European_Parliament and the Council, [acting] in_accordance_with the ordinary_legislative_procedure), [may establish] (specialised_courts attached to the General_Court) (to hear and determine at first_instance certain classes of action or proceeding brought in specific_areas).
▷(The European_Parliament and the Council) [shall act] (by means of regulations) (either on a proposal_from_the_Commission after consultation of the Court_of_Justice or at the request of the Court_of_Justice after (consultation of the Commission)).
#h3.7.1.1.5.7c1#
▷(The regulation establishing a specialised_court) [shall lay_down] the rules on the organisation of the court and the extent of the jurisdiction conferred upon it). #h3.7.1.1.5.7c2#
▷(Decisions given by specialised_courts) [may be] subject to a right_of_appeal on points of law only or, when [provided_for] in the regulation establishing the specialised_court, a right_of_appeal also on matters of fact, before the General_Court). #h3.7.1.1.5.7c3#
▷(The members of the specialised_courts [shall be_chosen] from persons whose_independence is beyond doubt and who [possess] the ability required for appointment to judicial_office).
▷(They [shall be_appointed] by the Council, [acting] unanimously).
#h3.7.1.1.5.7c4#
▷(The specialised_courts [shall establish] their_Rules_of_Procedure in agreement with the Court_of_Justice).
▷(Those_Rules [shall require] the approval of the Council).
#h3.7.1.1.5.7c5#
▷(Unless the regulation establishing the specialised_court provides otherwise, the provisions of the_Treaties relating to the Court_of_Justice_of_the_European_Union and the provisions of the Statute_of_the_Court_of_Justice_of_the_European_Union [shall apply] to the specialised_courts).
▷(Title_I of the Statute and Article_64 thereof [shall in any_case apply] to the specialised_courts).
#h3.7.1.1.5.7c6#
▷((If the Commission [considers] (that a Member_State [has_failed] to fulfil an_obligation_under_the_Treaties)), it{Cm} [shall deliver] a reasoned_opinion on the matter (after giving the State_concerned the opportunity to submit its_observations)). #h3.7.1.1.5.8c1#
▷(If (the State_concerned) [does_not_comply] (with the opinion) (within the period [laid_down] by the Commission)), (the latter) [may bring] (the matter) (before the Court_of_Justice_of_the_European_Union). #h3.7.1.1.5.8c2#
▷(A Member_State which{MS} considers that another_Member_State [has_failed] to fulfil an_obligation_under_the_Treaties) [may bring] (the matter) before the Court_of_Justice_of_the_European_Union). #h3.7.1.1.5.9c1#
▷(Before a Member_State brings an_action against another_Member_State for an_alleged infringement of an_obligation_under_the_Treaties, it [shall bring] the matter before the Commission). #h3.7.1.1.5.9c2#
▷(The Commission [shall deliver] a reasoned_opinion (after each of the States_concerned [has_been_given] the opportunity (to [submit] (its_own_case and (its_observations on the other_party's_case)) (both orally and in writing)))). #h3.7.1.1.5.9c3#
▷(If the Commission has not_delivered an_opinion within three_months of the date on which the matter was_brought before it, (the absence of such_opinion) [shall not_prevent] the matter from being brought before the Court). #h3.7.1.1.5.9c4#
1. ▷(If the Court_of_Justice_of_the_European_Union [finds] that a Member_State [has_failed] to fulfil an_obligation_under_the_Treaties), (the State) [shall be_required] to take the necessary_measures to [comply] with the judgment of the Court). #h3.7.1.1.5.10c1#
2. ▷(If the Commission considers that the Member_State_concerned has_not_taken the necessary_measures to comply with the judgment of the Court, it [may bring] the case before the Court after giving that_State the opportunity to submit its_observations).
▷(It [shall specify] the amount of the lump_sum or penalty_payment to be_paid by the Member_State_concerned which it considers appropriate_in the circumstances).
▷((If the Court [finds] (that the Member_State_concerned has_not_complied with its_judgment)) it{Court} [may impose] (a lump_sum or penalty_payment) (on it)).
▷(This_procedure [shall be] without prejudice to Article_259).
#h3.7.1.1.5.10c2#
3. ▷(When the Commission brings a case before the Court pursuant_to Article_258 on the grounds that the Member_State_concerned [has_failed] to fulfil its_obligation to notify measures transposing a directive adopted under a legislative_procedure, it [may, when it deems appropriate, specify] the amount of the lump_sum or penalty_payment to be_paid by the Member_State_concerned which it considers appropriate_in the circumstances).
▷(If the Court finds that there_is an_infringement it (may impose) a lump_sum or penalty_payment on the Member_State_concerned not_exceeding the amount specified by the Commission).
▷(The payment_obligation) [shall take] (effect) (on the date set by the Court in its_judgment).
#h3.7.1.1.5.10c3#
▷(Regulations adopted ((jointly by the European_Parliament and the Council), and (by the Council)), pursuant_to the provisions of the_Treaties), [may give] the Court_of_Justice_of_the_European_Union unlimited jurisdiction with_regard_to the penalties [provided_for] in such_regulations). #h3.7.1.1.5.11c1#
▷(Without prejudice to the other_provisions of the_Treaties, (the Council, [acting] unanimously in_accordance_with a special_legislative_procedure and after consulting the European_Parliament), [may adopt] provisions to confer jurisdiction, to the extent that it shall determine, on the Court_of_Justice_of_the_European_Union in disputes relating to the application of acts [adopted] on the basis of the_Treaties which create European_intellectual_property_rights).
▷(These_provisions shall enter into force after their_approval by the Member_States in_accordance_with their_respective constitutional_requirements).
#h3.7.1.1.5.12c1#
▷(The Court_of_Justice_of_the_European_Union) [shall review] the legality of legislative_acts, (of acts of the Council, of the Commission and of the European_Central_Bank, other than recommendations and opinions), and (of acts of the European_Parliament and of the European_Council intended to produce legal_effects vis a vis third_parties).
▷(It [shall also review] (the legality) of acts of bodies_offices_or_agencies_of_the_Union intended to produce legal_effects vis a vis third_parties).
#h3.7.1.1.5.13c1#
▷(It [shall for this_purpose have] jurisdiction in actions brought by a Member_State, the European_Parliament, the Council or the Commission on grounds of lack of competence, infringement of an_essential procedural requirement, infringement of the_Treaties or of any_rule_of_law relating to their_application, or misuse of powers). #h3.7.1.1.5.13c2#
▷(The Court [shall have_jurisdiction] under the same_conditions in actions brought by the Court_of_Auditors, by the European_Central_Bank and by the Committee_of_the_Regions for the purpose of protecting their_prerogatives). #h3.7.1.1.5.13c3#
▷(Any_natural_or_legal_person [may, (under the conditions [laid_down] in the first and second_paragraphs), institute] proceedings against an_act addressed to that_person or which is of direct and individual_concern to them, and against a regulatory_act which is of direct_concern to them and [does_not_entail] implementing measures). #h3.7.1.1.5.13c4#
▷((Acts [setting_up] bodies_offices_and_agencies_of_the_Union) [may lay_down] specific_conditions and arrangements concerning actions brought by natural_or_legal_persons against acts of these bodies_offices_or_agencies intended to produce legal_effects in_relation_to them). #h3.7.1.1.5.13c5#
▷(The proceedings [provided_for] in this_Article [shall be_instituted] within two_months of the publication of the measure, or of its_notification to the plaintiff, or, in the absence thereof, of the day (on which{day} it [came_to_the_knowledge] of the latter), as the case may be). #h3.7.1.1.5.13c6#
▷(If the action is_well_founded, (the Court_of_Justice_of_the_European_Union) [shall declare] the act_concerned to be_void). #h3.7.1.1.5.14c1#
▷(However, the Court [shall, if it{Court} considers this_necessary, state] ((which{effects} of (the effects (of the act which{act} it{Court} has_declared void))) [shall be_considered] (as definitive))). #h3.7.1.1.5.14c2#
▷(Should the European_Parliament, the European_Council, the Council, the Commission or the European_Central_Bank, in infringement of the_Treaties, fail to act, (the Member_States and the other_institutions_of_the_Union) [may bring] an_action before the Court_of_Justice_of_the_European_Union to have the infringement established).
▷(This_Article [shall apply], under the same_conditions, to bodies_offices_and_agencies_of_the_Union which fail to act).
#h3.7.1.1.5.15c1#
▷(The action [shall be_admissible] only if the institution_body_office_or_agency_concerned has first_been_called_upon to act).
▷((If, within two_months of being so called upon, the institution_body_office_or_agency_concerned [has_not_defined] its_position), the action [may be_brought] within a further_period of two_months).
#h3.7.1.1.5.15c2#
▷(Any_natural_or_legal_person) [may, under the conditions [laid_down] in the preceding_paragraphs, complain] (to the Court) that an_institution_body_office_or_agency_of_the_Union [has_failed] to address to that_person any_act other than a recommendation or an_opinion). #h3.7.1.1.5.15c3#
▷(The institution (whose_act has_been_declared void) or whose_failure to act has_been_declared contrary to the_Treaties) [shall be_required] to take the necessary_measures to comply with the judgment of the Court_of_Justice_of_the_European_Union). #h3.7.1.1.5.16c1#
▷(This_obligation shall not_affect any_obligation which may result from the application of the second_paragraph of Article_340). #h3.7.1.1.5.16c2#
▷(The Court_of_Justice_of_the_European_Union [shall have_jurisdiction] to [give] preliminary_rulings concerning:
(a) the interpretation of the_Treaties;
(b) the validity and interpretation of acts of the institutions_bodies_offices_or_agencies_of_the_Union;
#h3.7.1.1.5.17c1#
▷(Where such_a_question [is_raised] before (any_(court or tribunal) of a Member_State), (that_(court or tribunal) [may, if it considers that a decision on the question is_necessary to enable it to give_judgment, request] the Court to give a ruling thereon)). #h3.7.1.1.5.17c2#
▷(Where any_such_question [is_raised] in a case pending before (a court or tribunal of a Member_State) against whose_decisions there_is no_judicial_remedy under national_law, that_(court or tribunal) [shall bring] the matter (before the Court)). #h3.7.1.1.5.17c3#
▷(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). #h3.7.1.1.5.17c4#
▷(The Court_of_Justice_of_the_European_Union [shall have_jurisdiction] in disputes relating to compensation for damage [provided_for] in the second_and_third_paragraphs of Article_340). #h3.7.1.1.5.18c1#
▷(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_the_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). #h3.7.1.1.5.19c1#
▷(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).
#h3.7.1.1.5.19c2#
▷(The Court_of_Justice_of_the_European_Union [shall have_jurisdiction] in any_dispute between the_Union and its_servants within the limits and under the conditions [laid_down] in the Staff_Regulations of Officials and the Conditions_of_Employment of other_servants_of_the_Union). #h3.7.1.1.5.20c1#
▷(The Court_of_Justice_of_the_European_Union shall, within the limits hereinafter laid_down, have_jurisdiction in disputes concerning:
(a) the fulfilment by Member_States of obligations under the Statute_of_the_European_Investment_Bank).
▷(In this_connection, the Board_of_Directors of the Bank shall enjoy the powers conferred upon the Commission by Article_258;
(b) measures adopted by the Board_of_Governors of the European_Investment_Bank).
▷(In this_connection, any_Member_State, the Commission or the Board_of_Directors of the Bank) [may institute] proceedings under the conditions [laid_down] in Article_263;
(c) measures adopted by the Board_of_Directors of the European_Investment_Bank).
▷(Proceedings against such_measures may be_instituted only by Member_States or by the Commission, under the conditions [laid_down] in Article_263, and solely on the grounds of non_compliance with the procedure [provided_for] in Article_19.2, (5), (6) and (7) of the Statute_of_the_Bank;
(d) the fulfilment by national_central_banks of obligations under the_Treaties and the Statute_of_the_ESCB_and_of_the_ECB).
▷(In this_connection the powers of the Governing_Council of the European_Central_Bank in respect of national_central_banks shall be the same_as those conferred upon the Commission in respect of Member_States by Article_258. If the Court finds that a national_central_bank [has_failed] to fulfil an_obligation_under_the_Treaties, that bank shall be_required to take the necessary_measures to comply with the judgment of the Court).
#h3.7.1.1.5.21c1#
▷(The Court_of_Justice_of_the_European_Union [shall have_jurisdiction] to give judgment pursuant_to any_arbitration_clause contained in a contract concluded by or on behalf_of_the_Union, whether that contract be_governed by public or private law). #h3.7.1.1.5.22c1#
▷(The Court_of_Justice [shall have_jurisdiction] in any_dispute between Member_States (which{dispute}) [relates] to the subject_matter of the_Treaties (if the dispute is_submitted to (it{CJ}) under a special_agreement between the parties)). #h3.7.1.1.5.23c1#
▷(Save where jurisdiction is_conferred on the Court_of_Justice_of_the_European_Union by the_Treaties), (disputes to which the_Union is a party) [shall not on that_ground be_excluded] from the jurisdiction of the courts or tribunals of the Member_States). #h3.7.1.1.5.24c1#
▷(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). #h3.7.1.1.5.25c1#
▷(However, the Court [shall have_jurisdiction] to monitor compliance with Article_40_of_the_Treaty_on_the_European_Union and to rule on proceedings, brought in_accordance_with the conditions [laid_down] in the fourth_paragraph of Article_263 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_the_European_Union). #h3.7.1.1.5.25c2#
▷(In exercising its_powers regarding the provisions of Chapters 4 and 5 of Title_V 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). #h3.7.1.1.5.26c1#
▷(NotWithstanding the expiry of the period [laid_down] in Article_263, sixth_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_263, second_paragraph, in_order to invoke before the Court_of_Justice_of_the_European_Union the inapplicability of that_act). #h3.7.1.1.5.27c1#
▷(Actions brought before the Court_of_Justice_of_the_European_Union) [shall not_have] suspensory_effect).
▷(The Court [may, however, if it considers that circumstances so require, order] that application of the contested_act be_suspended).
#h3.7.1.1.5.28c1#
▷(The Court_of_Justice_of_the_European_Union may in any_cases before it prescribe_any_necessary interim measures). #h3.7.1.1.5.29c1#
▷(The judgments of the Court_of_Justice_of_the_European_Union shall be_enforceable under the conditions [laid_down] in Article_299). #h3.7.1.1.5.30c1#
▷(The Statute_of_the_Court_of_Justice_of_the_European_Union [shall be_laid_down] in a separate_Protocol). #h3.7.1.1.5.31c1#
▷(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).
#h3.7.1.1.5.31c2#
1. ▷(The European_Central_Bank, ((together with) the national_central_banks)), [shall constitute] (the European_System_of_Central_Banks (ESCB)).
▷(The European_Central_Bank, (together with) the national_central_banks of the Member_States ((whose{MS} currency [is] the euro) which constitute the Eurosystem), [shall conduct] (the monetary_policy_of_the_Union).
#h3.7.1.1.6.1c1#
2. ▷(The ESCB) [shall be_governed] (by the decision_making_bodies of the European_Central_Bank).
▷(The primary_objective of the ESCB) [shall be] to maintain price_stability).
▷(Without prejudice to that_objective, it [shall support] the general_economic_policies in the_Union in_order to contribute to the achievement of the latter's_objectives).
#h3.7.1.1.6.1c2#
3. ▷(The European_Central_Bank) [shall have] (legal_personality).
▷(It (alone) (may authorise) (the issue (of the euro)).
▷(It [shall be] (independent (in the exercise of its_powers and ((in the management of its_finances)))).
▷(Union institutions_bodies_offices_and_agencies and the governments_of_the_Member_States) [shall respect] (that_independence).
#h3.7.1.1.6.1c3#
4. ▷(The European_Central_Bank) [shall adopt] (such_measures as are necessary to carry_out its_tasks in_accordance_with Articles 127 to 133, with Article_138, and with the conditions [laid_down] in the Statute_of_the_ESCB_and_of_the_ECB).
▷(In accordance_with these same_Articles, (those_Member_States whose_currency is_not_the_euro, and their_central_banks), [shall retain] (their_powers) (in monetary_matters).
#h3.7.1.1.6.1c4#
5. ▷(Within the areas falling within its_responsibilities), ((the European_Central_Bank) [shall be_consulted] (on ((all_proposed_Union_acts), and (all_proposals for regulation at national_level)))), and ([may give] an_opinion). #h3.7.1.1.6.1c5#
1. ▷(The Governing_Council of the European_Central_Bank) [shall comprise] ((the members of the Executive_Board_of_the_European_Central_Bank) and (the Governors of the national_central_banks of the Member_States ((whose{MS} currency [is] the euro)). #h3.7.1.1.6.2c1#
2. ▷(The Executive_Board) [shall comprise] (the President, the Vice_President and four other_members).
▷(The President, the Vice_President and the other_members of the Executive_Board [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, on a recommendation from the Council, after it [has_consulted] the European_Parliament and the Governing_Council of the European_Central_Bank).
▷(Their_term_of_office [shall be] eight_years) and (shall not_be enewable).
▷(Only nationals of Member_States) [may be] members of the Executive_Board).
#h3.7.1.1.6.2c2#
1. ▷(The President_of_the_Council and a Member of the Commission [may participate], without having the right to vote, in meetings of the Governing_Council of the European_Central_Bank).
▷(The President_of_the_Council [may submit] a motion_for_deliberation to the Governing_Council of the European_Central_Bank).
#h3.7.1.1.6.3c1#
2. ▷(The President_of_the_European_Central_Bank [shall be_invited] to participate in Council_meetings when the Council [is_discussing] matters relating to the objectives and tasks of the ESCB). #h3.7.1.1.6.3c2#
3. ▷(The European_Central_Bank [shall address] an_annual_report on the activities of the ESCB and on the monetary_policy of both the previous and current year to the European_Parliament, the Council and the Commission, and also to the European_Council).
▷(The President_of_the_European_Central_Bank [shall present] this_report to the Council and to the European_Parliament, which may hold a general_debate on that basis).
▷(The President_of_the_European_Central_Bank and the other_members of the Executive_Board [may, at the request of the European_Parliament or on their_own initiative, be_heard] by the competent_committees of the European_Parliament).
#h3.7.1.1.6.3c3#
▷(The Court_of_Auditors shall carry_out the_Union's_audit). #h3.7.1.1.7.1c1#
▷(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).
#h3.7.1.1.7.1c2#
1. ▷(The Members_of_the_Court_of_Auditors shall be_chosen from among persons who belong or have belonged in their_respective States to external audit_bodies or who [are especially qualified] for this_office).
▷(Their_independence [must be] beyond doubt).
#h3.7.1.1.7.2c1#
2. ▷(The Members_of_the_Court_of_Auditors shall be_appointed for a term of six_years).
▷(The Council, after consulting the European_Parliament, [shall adopt] the list of Members drawn_up in_accordance_with the proposals made by each_Member_State).
▷(The term_of_office of the Members_of_the_Court_of_Auditors shall be_renewable).
▷(They shall elect the President_of_the_Court_of_Auditors from among their_number for a term of three_years).
▷(The President may be_re_elected).
#h3.7.1.1.7.2c2#
3. ▷(In the performance of these duties, the Members_of_the_Court_of_Auditors [shall neither seek nor take] instructions from any_government or from any_other_body).
▷(The Members_of_the_Court_of_Auditors shall refrain from any_action incompatible with their_duties).
#h3.7.1.1.7.2c3#
4. ▷(The Members_of_the_Court_of_Auditors may not, during their_term_of_office, engage in any_other_occupation, whether gainful or not).
▷(When entering upon their_duties they shall give a solemn undertaking that, both during and after their_term_of_office, they will_respect the obligations arising therefrom and (in particular) their_duty to behave with integrity and discretion as_regards the acceptance, after they have ceased to hold office, of certain appointments or benefits).
#h3.7.1.1.7.2c4#
5. ▷((Apart_from normal_replacement, or death), (the duties of a Member of the Court_of_Auditors) [shall end] when (he) resigns, or is compulsorily retired by a ruling of the Court_of_Justice pursuant_to paragraph_6).
▷(The vacancy thus caused shall be_filled for the remainder of the Member's_term_of_office).
▷(Save in the case of compulsory_retirement), Members_of_the_Court_of_Auditors [shall remain] in office until they have_been_replaced).
#h3.7.1.1.7.2c5#
6. ▷((A Member of the Court_of_Auditors) [may be_deprived] ((of his_office) or (of his_right to (a pension or other_benefits in its_stead))) ((only if) the Court_of_Justice, at the request of the Court_of_Auditors, finds that (he) no_longer ((fulfils the requisite_conditions) or ([meets] the obligations arising from his_office)))). #h3.7.1.1.7.2c6#
7. ▷(The Council [shall determine] the conditions_of_employment of the President and the Members_of_the_Court_of_Auditors and (in particular) their_salaries, allowances and pensions).
▷(It shall also determine any_payment to be_made instead_of remuneration).
#h3.7.1.1.7.2c7#
8. ▷(The provisions of the Protocol_on_the_privileges and immunities of the European_Union applicable to the Judges of the Court_of_Justice_of_the_European_Union [shall also apply] to the Members_of_the_Court_of_Auditors). #h3.7.1.1.7.2c8#
1. ▷(The Court_of_Auditors shall examine the accounts of all_revenue_and_expenditure_of_the_Union).
▷(It shall also examine the accounts of all_revenue_and_expenditure of all_bodies_offices_or_agencies set_up by the_Union in_so_far_as the relevant constituent instrument does_not_preclude such_examination).
▷(The Court_of_Auditors [shall provide] (the European_Parliament and the Council) with a statement_of_assurance as to the reliability of the accounts and (the legality and regularity of the underlying_transactions) (which shall be_published in the Official_Journal_of_the_European_Union)).
▷(This_statement [may be_supplemented] by specific_assessments for each_major_area of Union_activity).
#h3.7.1.1.7.3c1#
2. ▷(The Court_of_Auditors [shall examine] ((whether all_revenue [has_been_received] and (all_expenditure [incurred] in ((a lawful and regular)_manner))) and (whether (the financial_management has_been sound)))).
▷(In doing so, it shall report (in particular) on any_cases of irregularity).
▷(The audit_of_revenue [shall be_carried_out] on the basis (both (of the amounts established as due) and (the amounts actually [paid] to the_Union))).
▷(The audit_of_expenditure [shall be_carried_out] on the basis_both of commitments undertaken and payments made).
▷(These_audits [may be_carried_out] before (the closure_of_accounts for (the financial_year in question))).
#h3.7.1.1.7.3c2#
3. ▷(The audit (([shall be_based] on records) (and, if necessary, [performed] (on the spot in the other_institutions_of_the_Union), (on the premises of any_body_office_or_agency which{boa} [manages] revenue_or_expenditure on behalf_of_the_Union) and (in the Member_States, including on the premises of any_natural_or_legal_person in (receipt of payments from the budget))))).
▷(In the Member_States the audit shall be_carried_out in liaison with national_audit_bodies or, if these do_not_have the necessary_powers, with the competent national_departments).
▷(The Court_of_Auditors and the national_audit_bodies of the Member_States shall cooperate in a spirit of trust while maintaining their_independence).
▷((These_bodies or departments) [shall inform] the Court_of_Auditors (whether they [intend] to take_part in the audit)).
▷(The other_institutions_of_the_Union, any_bodies_offices_or_agencies managing revenue_or_expenditure on behalf_of_the_Union, any_natural_or_legal_person in receipt of payments from the budget, and the national_audit_bodies or, if these do_not_have the necessary_powers, the competent national_departments, shall forward to the Court_of_Auditors, at its_request, any_document or information necessary to carry_out its_task).
▷(In respect of the European_Investment_Bank's_activity in managing Union_expenditure_and_revenue, the Court's_rights of access to (information [held] by the Bank) shall be_governed by an_agreement between the Court, the Bank and the Commission).
▷(In the absence of an_agreement, the Court shall nevertheless have access to information necessary for the audit of (Union_expenditure_and_revenue [managed] by the Bank)).
#h3.7.1.1.7.3c3#
4. ▷(The Court_of_Auditors [shall draw_up] an_annual_report after the close of each_financial_year).
▷(It shall be_forwarded to the other_institutions_of_the_Union and shall be_published, (together with) the replies of these institutions to the observations of the Court_of_Auditors, in the Official_Journal_of_the_European_Union).
▷(The Court_of_Auditors may also, at any_time, submit observations, particularly in the form of special_reports, on specific_questions and deliver opinions at the request of one of the other_institutions_of_the_Union).
▷(It [shall adopt] its_annual_reports, special_reports or opinions by a majority_of_its_Members).
▷(However, it may establish internal chambers in_order to adopt certain categories of reports or opinions under the conditions [laid_down] by its_Rules_of_Procedure).
▷(It [shall assist] (the European_Parliament and the Council) (in exercising their_powers of control) (over the implementation of the budget).
▷(The Court_of_Auditors [shall draw_up] its_Rules_of_Procedure).
▷(Those_rules shall require the approval of the Council).
#h3.7.1.1.7.3c4#
▷(To exercise the_Union's_competences, the institutions [shall adopt] regulations, directives, decisions, recommendations and opinions). #h3.7.1.2.1.1c1#
▷(A regulation [shall have] general_application).
▷(It{regulation}) shall be_binding in its_entirety and directly applicable in all_Member_States).
#h3.7.1.2.1.1c2#
▷(A directive shall be_binding, as to the result to be_achieved, upon each_Member_State to which it is_addressed, but shall leave to the national_authorities the choice of form and methods). #h3.7.1.2.1.1c3#
▷(A decision shall be_binding in its_entirety).
▷(A decision which specifies those to whom it is_addressed shall be_binding only on them.
#h3.7.1.2.1.1c4#
▷(Recommendations and opinions [shall have] no_binding force). #h3.7.1.2.1.1c5#
1. ▷(The ordinary_legislative_procedure [shall consist] in the joint adoption by the European_Parliament and the Council of a regulation, directive or decision on a proposal_from_the_Commission).
▷(This{ordinary}_procedure [is_defined] in Article_294).
#h3.7.1.2.1.2c1#
2. ▷(In the specific_cases provided_for by the_Treaties), (the adoption of a regulation, directive or decision by the European_Parliament with the participation of the Council, or by the latter with the participation of the European_Parliament), [shall constitute] (a special_legislative_procedure). #h3.7.1.2.1.2c2#
3. ▷((Legal_acts) [adopted] (by legislative_procedure)) [shall constitute] (legislative_acts). #h3.7.1.2.1.2c3#
4. ▷(In the specific_cases [provided_for] by the_Treaties, legislative_acts may be_adopted on the initiative of a group of Member_States or of the European_Parliament, on a recommendation from the European_Central_Bank or at the request of the Court_of_Justice or the European_Investment_Bank). #h3.7.1.2.1.2c4#
1. ▷(A legislative_act may delegate to the Commission the power to adopt non_legislative_acts of general_application to supplement or amend certain non_essential elements of the legislative_act).
▷(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).
#h3.7.1.2.1.3c1#
2. ▷(Legislative_acts [shall explicitly lay_down] the conditions to which the delegation [is] subject; these{above}_conditions [may be] as follows:
(a) the European_Parliament or the Council may decide to revoke the delegation;
(b) the delegated_act [may enter] into force only if no_objection has_been_expressed by the European_Parliament or the Council within a period set by the legislative_act).
▷(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).
#h3.7.1.2.1.3c2#
3. ▷((The adjective "delegated") [shall be_inserted] in (the title of delegated_acts)). #h3.7.1.2.1.3c3#
1. ▷(Member_States [shall adopt] all_measures of national_law necessary to implement legally_binding_Union_acts). #h3.7.1.2.1.4c1#
2. ▷(Where uniform conditions for implementing legally_binding_Union_acts are_needed, those_acts shall confer implementing_powers on the Commission, or, in duly justified specific_cases and in the cases [provided_for] in Articles_24_and_26_of_the_Treaty_on_the_European_Union, on the Council). #h3.7.1.2.1.4c2#
3. ▷(For the purposes of paragraph_2, the European_Parliament and the Council, [acting] (by (means of regulations)) in_accordance_with the ordinary_legislative_procedure, shall lay_down in advance the rules and general_principles concerning mechanisms for control by Member_States of the Commission's_exercise of implementing_powers). #h3.7.1.2.1.4c3#
4. ▷(The word "implementing") [shall be_inserted] (in the title of implementing_acts). #h3.7.1.2.1.4c4#
▷(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).
#h3.7.1.2.1.5c1#
1. ▷(Where, pursuant_to the_Treaties, the Council [acts] on a proposal_from_the_Commission, it may amend that_proposal only by [acting] unanimously, except in the cases [referred_to] in paragraphs 10 and 13 of Article_294, in Articles 310, 312 and 314 and in the second_paragraph of Article_315). #h3.7.1.2.2.1c1#
2. ▷(As_long_as the Council [has_not_acted]), the Commission [may alter] its_proposal at any_time during the procedures leading to the adoption of a Union_act). #h3.7.1.2.2.1c2#
1. ▷((Where reference [is_made] in the_Treaties to the ordinary_legislative_procedure for the adoption of an_act), the following_procedure [shall apply]). #h3.7.1.2.2.2c1#
2. ▷(The Commission [shall submit] a proposal (to the European_Parliament and the Council)). #h3.7.1.2.2.2c2#
First_reading #h3.7.1.2.2.2c2-hd7#
3. ▷(The European_Parliament [shall adopt] its{EP}_position at first_reading and communicate it{position} to the Council). #h3.7.1.2.2.2c3#
4. ▷((If the Council [approves] the European_Parliament's_position), (the act_concerned) [shall be_adopted] (in the wording which{wording} corresponds to the position of the European_Parliament)). #h3.7.1.2.2.2c4#
5. ▷(If the Council [does_not_approve] the European_Parliament's_position, it [shall adopt] its_position at first_reading and communicate it to the European_Parliament). #h3.7.1.2.2.2c5#
6. ▷(The Council [shall inform] the European_Parliament fully of the reasons which led it to adopt its_position at first_reading).
▷(The Commission [shall inform] the European_Parliament fully (of its{Cm}_position)).
#h3.7.1.2.2.2c6#
Second_reading #h3.7.1.2.2.2c6-hd7#
7. ▷(If, within three_months of such_communication), (the European_Parliament):
(a) [approves] the Council's_position at first_reading (or [has_not_taken] a decision), (the act_concerned) [shall be_deemed] to [have_been_adopted] in the wording which corresponds to the position of the Council;
(b) [rejects], by a majority_of_its_component_members, the Council's_position at first_reading, the proposed_act shall be_deemed not to have_been_adopted;
(c) [proposes], by a majority_of_its_component_members, amendments to the Council's_position at first_reading, the text thus amended shall be_forwarded to the Council and to the Commission, which shall deliver an_opinion on those_amendments).
#h3.7.1.2.2.2c7#
8. ▷(If, within three_months of receiving the European_Parliament's_amendments, the Council, [acting] by a qualified_majority:
(a) approves all_those_amendments, the act in question shall be_deemed to have_been_adopted;
(b) does_not_approve all_the_amendments, the President_of_the_Council, in agreement with the President_of_the_European_Parliament, shall within six_weeks convene a meeting of the Conciliation_Committee).
#h3.7.1.2.2.2c8#
9. ▷(The Council [shall act] unanimously on the amendments on which the Commission [has_delivered] a negative opinion). #h3.7.1.2.2.2c9#
Conciliation #h3.7.1.2.2.2c9-hd7#
10. ▷(The Conciliation_Committee, which shall be_composed of the members_of_the_Council or their_representatives and an_equal number of members representing the European_Parliament, [shall have] the task of reaching agreement on a joint_text, by a qualified_majority of the members_of_the_Council or their_representatives and by a majority of the members representing the European_Parliament within six_weeks of its_being convened, on the basis of the positions of the European_Parliament and the Council at second_reading). #h3.7.1.2.2.2c10#
11. ▷(The Commission [shall take_part] in the Conciliation_Committee's_proceedings and [shall take] all_necessary initiatives with a view to reconciling the positions of the European_Parliament and the Council). #h3.7.1.2.2.2c11#
12. ▷(If, within six_weeks of its_being convened, the Conciliation_Committee does_not_approve the joint_text, the proposed_act shall be_deemed not to have_been_adopted). #h3.7.1.2.2.2c12#
Third reading #h3.7.1.2.2.2c2-hd7#
13. ▷(If, within that period, the Conciliation_Committee approves a joint_text, the European_Parliament, [acting] by a majority_of_the_votes_cast, and the Council, [acting] by a qualified_majority, shall each_have a period of six_weeks from that approval in which to adopt the act in question in_accordance_with the joint_text).
▷(If they fail to do so, the proposed_act shall be_deemed not to have_been_adopted).
#h3.7.1.2.2.2c13#
14. ▷(The periods of (three_months and six_weeks) [referred_to] in this_Article [shall be_extended] by a maximum of one_month and two_weeks respectively at the initiative of the European_Parliament or the Council). #h3.7.1.2.2.2c14#
Special provisions #h3.7.1.2.2.2c4-hd7#
15. ▷(Where, in the cases [provided_for] in the_Treaties, a legislative_act is_submitted to the ordinary_legislative_procedure on the initiative of a group of Member_States, on a recommendation by the European_Central_Bank, or at the request of the Court_of_Justice, paragraph_2, the second_sentence of paragraph_6, and paragraph_9 [shall not_apply].
▷(In such_cases, (the European_Parliament and the Council) [shall communicate] the proposed_act to the Commission (with their_positions at (first and second)_readings)).
▷(The European_Parliament or the Council may request the opinion of the Commission throughout the procedure, which the Commission may also deliver on its_own initiative).
▷(It may also, if it deems it necessary, take_part in the Conciliation_Committee in_accordance_with paragraph_11).
#h3.7.1.2.2.2c15#
▷(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).
#h3.7.1.2.2.3c1#
▷(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). #h3.7.1.2.2.4c1#
▷(Legal_acts [shall state] the reasons on which they are_ased and shall refer to any_proposals, initiatives, recommendations, requests or opinions required by the_Treaties). #h3.7.1.2.2.4c2#
▷(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). #h3.7.1.2.2.4c3#
1. ▷(Legislative_acts [adopted] under the ordinary_legislative_procedure [shall be_signed] by the President_of_the_European_Parliament and by the President_of_the_Council).
▷((Legislative_acts [adopted] under a special_legislative_procedure) [shall be_signed] by the President_of_(the institution (which{institution}) [adopted] (them{lacts}))).
▷(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{day} of their_publication).
#h3.7.1.2.2.5c1#
2. ▷((Non_legislative_acts [adopted] in the form of regulations, directives or decisions, when the latter do_not_specify to whom they are_addressed), shall be_signed by the President_of_the_institution which adopted them).
▷(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{day} 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).
#h3.7.1.2.2.5c2#
1. ▷(In carrying_out their_missions, the institutions_bodies_offices_and_agencies_of_the_Union [shall have] the support of an_open, efficient and independent European_administration). #h3.7.1.2.2.6c1#
2. ▷(In compliance with the Staff_Regulations and the Conditions_of_Employment adopted on the basis of Article_336, the European_Parliament and the Council, [acting] (by (means of regulations)) in_accordance_with the ordinary_legislative_procedure, shall establish provisions to that_end). #h3.7.1.2.2.6c2#
▷(Acts of the Council, the Commission or the European_Central_Bank which impose a pecuniary_obligation on persons other than States, shall be_enforceable). #h3.7.1.2.2.7c1#
▷(Enforcement shall be_governed by the rules of civil_procedure in force in the State in the territory of which it is_carried_out).
▷(The order for its_enforcement [shall be_appended] to the decision, without (other_formality than verification of the authenticity of the decision), by the national_authority which the government of each_Member_State shall designate for this_purpose and shall make_known to (the Commission and to the Court_of_Justice_of_the_European_Union)).
#h3.7.1.2.2.7c2#
▷(When these formalities have_been_completed on application by the party_concerned, the latter may proceed to enforcement in_accordance_with the national_law, by bringing the matter directly_before the competent_authority). #h3.7.1.2.2.7c3#
▷(Enforcement may be_suspended only by a decision of the Court).
▷(However, the courts of the country_concerned [shall have_jurisdiction] over complaints that enforcement is_being carried_out in an_irregular manner).
#h3.7.1.2.2.7c4#
1. ▷(The European_Parliament, the Council and the Commission shall be_assisted by an_Economic_and_Social_Committee and a Committee_of_the_Regions, exercising advisory_functions). #h3.7.1.3.1c1#
2. ▷(The Economic_and_Social_Committee shall consist of representatives of organisations_of_employers, of the employed, and of other_parties representative of civil_society, notably in socio_economic, civic, professional and cultural areas). #h3.7.1.3.1c2#
3. ▷(The Committee_of_the_Regions [shall consist] of (representatives of (regional and local)_bodies (who{representatives} either ([hold] a regional or local_authority electoral_mandate) or ([are politically accountable] to an_elected_assembly)))). #h3.7.1.3.1c3#
4. ▷(The members of the Economic_and_Social_Committee and of the Committee_of_the_Regions shall not_be_bound by any_mandatory_instructions).
▷(They shall be completely independent in the performance of their_duties, in the_Union's_general_interest).
#h3.7.1.3.1c4#
5. ▷(The rules [referred_to] in paragraphs 2 and 3 governing the nature of the composition of the Committees shall be_reviewed at regular_intervals by the Council to take_account of economic, social and demographic developments within the_Union).
▷(The Council, on a proposal_from_the_Commission, [shall adopt] decisions to that_end).
#h3.7.1.3.1c5#
▷(The number of members of the Economic_and_Social_Committee shall not_exceed 350). #h3.7.1.3.1.1c1#
▷(The Council, [acting] unanimously on a proposal_from_the_Commission, [shall adopt] a decision determining the Committee's_composition). #h3.7.1.3.1.1c2#
▷(The Council shall determine the allowances of members of the Committee). #h3.7.1.3.1.1c3#
1. ▷(The members of the Committee shall be_appointed for five_years The Council [shall adopt] the list of members drawn_up in_accordance_with the proposals made by each_Member_State).
▷(The term_of_office of the members of the Committee shall be_renewable).
#h3.7.1.3.1.2c1#
2. ▷(The Council [shall act] after consulting the Commission).
▷(It may obtain the opinion of European bodies which are representative of the various economic and social sectors and of civil_society to which the_Union's_activities are of concern).
#h3.7.1.3.1.2c2#
▷(The Committee shall elect its_chairman and officers from among its_members for a term of two_and_a_half_years). #h3.7.1.3.1.3c1#
▷(It [shall adopt] its_Rules_of_Procedure). #h3.7.1.3.1.3c2#
▷(The Committee shall be_convened by its_chairman at the request of the European_Parliament, the Council or of the Commission).
▷(It may also meet on its_own initiative).
#h3.7.1.3.1.3c3#
▷(The Committee shall be_consulted by the European_Parliament, by the Council or by the Commission where the_Treaties so provide).
▷(The Committee may be_consulted by these institutions in all_cases in which they consider it appropriate).
▷(It [may issue] an_opinion on its_own initiative in cases in which it considers such_action appropriate).
#h3.7.1.3.1.4c1#
▷(The European_Parliament, the Council or the Commission [shall, if it considers it necessary, set] the Committee, for the submission of its_opinion, a time limit which [may not_be] less than one_month from the date on which the chairman receives notification to this_effect).
▷(Upon expiry of the time_limit, the absence of an_opinion shall not_prevent further action).
#h3.7.1.3.1.4c2#
▷(The opinion of the Committee, (together with) a record of the proceedings, [shall be_forwarded] to the European_Parliament, to the Council and to the Commission). #h3.7.1.3.1.4c3#
▷((The number of (members of the Committee_of_the_Regions)) [shall not_exceed] 350). #h3.7.1.3.2.1c1#
▷(The Council, [acting] unanimously on a proposal_from_the_Commission, [shall adopt] a decision determining the Committee's_composition). #h3.7.1.3.2.1c2#
▷(The members of the Committee and an_equal number of alternate members shall be_appointed for five_years).
▷(Their_term_of_office shall be_renewable).
▷(The Council [shall adopt] the list of members and alternate members drawn_up in_accordance_with the proposals made by each_Member_State).
▷(When (the mandate) [referred_to] (in Article_300.3) (on the basis of which (they) were_proposed) [comes] to an_end), the term_of_office of members of the Committee shall terminate automatically and they shall then be_replaced for the remainder of the said term_of_office in_accordance_with the same_procedure).
▷(No member of the Committee shall at the same_time be_a_Member of the European_Parliament).
#h3.7.1.3.2.1c3#
▷(The Committee_of_the_Regions [shall elect] (its{CoR}_chairman and officers) (from among its_members) (for a term of two_and_a_half_years)). #h3.7.1.3.2.2c1#
▷(It [shall adopt] its_Rules_of_Procedure). #h3.7.1.3.2.2c2#
▷(The Committee shall be_convened by its_chairman at the request of the European_Parliament, the Council or of the Commission).
▷(It may also meet on its_own initiative).
#h3.7.1.3.2.2c3#
▷(The Committee_of_the_Regions [shall be_consulted] (by the European_Parliament, by the Council or by the Commission) where the_Treaties so provide and in all_other_cases, (in particular) those{cases} (which{cases}) concern cross_border cooperation, in which one of these institutions considers (it{consultation}) appropriate). #h3.7.1.3.2.3c1#
▷(The European_Parliament, the Council or the Commission shall, if it considers it necessary, set the Committee, for the submission of its_opinion, a time limit which may not_be less than one_month from the date on which the chairman receives notification to this_effect).
▷(Upon expiry of the time limit, the absence of an_opinion shall not_prevent further action).
#h3.7.1.3.2.3c2#
▷(Where the Economic_and_Social_Committee is_consulted pursuant_to Article_304, the Committee_of_the_Regions shall be_informed by the European_Parliament, the Council or the Commission of the request for an_opinion).
▷(Where it considers that specific_regional interests are involved, the Committee_of_the_Regions [may issue] an_opinion on the matter).
#h3.7.1.3.2.3c3#
▷(It may issue an_opinion on its_own initiative in cases in which it considers such_action appropriate). #h3.7.1.3.2.3c4#
▷(The opinion of the Committee, (together with) a record of the proceedings, [shall be_forwarded] to the European_Parliament, to the Council and to the Commission). #h3.7.1.3.2.3c5#
▷(The European_Investment_Bank [shall have] legal_personality). #h3.7.1.4.1c1#
▷(The members of the European_Investment_Bank shall be the Member_States). #h3.7.1.4.1c2#
▷(The Statute of the European_Investment_Bank is_laid_down in a Protocol annexed to the_Treaties).
▷(The Council [acting] unanimously in_accordance_with a special_legislative_procedure, at the request of the European_Investment_Bank and after consulting the European_Parliament and the Commission, or on a proposal_from_the_Commission and after consulting the European_Parliament and the European_Investment_Bank, may amend the Statute_of_the_Bank).
#h3.7.1.4.1c3#
▷((The task of the European_Investment_Bank) [shall be] (to [contribute], (by having_recourse to the capital_market and utilising its_own_resources), (to the (balanced and steady)_development of the internal_market in the interest_of_the_Union))).
▷((For this_purpose) the Bank (([shall, operating on a non_profit_making basis, grant] loans) and ([give] guarantees (which facilitate the financing of the following_projects in all_sectors of the economy:
(a) projects for developing less_developed regions;
(b) projects for modernising or converting undertakings or for developing fresh activities called for by the establishment or functioning_of_the_internal_market, where these projects are of such_a_size or nature that they [cannot_be entirely financed] by the various_means available in the individual Member_States;
(c) projects of common_interest to several Member_States which{MS} are of such_a_size or nature that they [cannot_be entirely financed] by the various_means available in the individual Member_States)))).
#h3.7.1.4.2c1#
▷(In carrying_out its_task, the Bank shall facilitate the financing of investment programmes in conjunction_with assistance from the Structural_Funds and other_Union Financial_Instruments). #h3.7.1.4.2c2#
1. ▷((All_items of revenue_and_expenditure_of_the_Union) (([shall be_included] in estimates to be_drawn_up for each_financial_year) and ([shall be_shown] in the budget))).
▷(The_Union's_annual_budget [shall be_established] by the European_Parliament and the Council in_accordance_with Article_314).
▷(The revenue_and_expenditure shown in the budget shall be in balance).
#h3.7.2.1c1#
2. ▷(The expenditure shown in the budget shall be_authorised for the annual_budgetary_period in_accordance_with the regulation [referred_to] in Article_322). #h3.7.2.1c2#
3. ▷(The implementation of expenditure shown in the budget shall require the prior adoption of a legally_binding_Union_act providing a legal_basis for its_action and for the implementation of the corresponding expenditure in_accordance_with the regulation [referred_to] in Article_322, except in cases for which that law provides). #h3.7.2.1c3#
4. ▷(With a view to maintaining budgetary_discipline, the_Union shall not_adopt any_act which is ikely to have appreciable_implications for the budget without providing an_assurance that (the expenditure arising from such_an_act) is_capable of being_financed within the limit_of_the_Union's_own_resources and in [compliance] with the multiannual_financial_framework [referred_to] in Article_312). #h3.7.2.1c4#
5. ▷(The budget [shall be_implemented] in_accordance_with the principle_of_sound_financial_management).
▷(Member_States shall cooperate with the_Union to ensure that the appropriations entered in the budget are used in_accordance_with this_principle).
#h3.7.2.1c5#
6. ▷(The_Union and the Member_States, in_accordance_with Article_325, shall counter fraud and any_other_illegal_activities affecting the financial_interests_of_the_Union). #h3.7.2.1c6#
▷(The_Union [shall provide] (itself) with the means necessary to attain its_objectives and carry through its_policies). #h3.7.2.1.1c1#
▷(Without prejudice to other_revenue, (the budget) [shall be_financed] (wholly) (from own_resources). #h3.7.2.1.1c2#
▷(The Council, [acting] in_accordance_with a special_legislative_procedure, shall unanimously and after consulting the European_Parliament adopt a decision laying_down the provisions relating to the system_of_own_resources_of_the_Union).
▷(In this_context it may establish new categories of own_resources or abolish an_existing category).
▷(That decision shall not_enter into force until it is_approved by the Member_States in_accordance_with their_respective constitutional_requirements).
#h3.7.2.1.1c3#
▷(The Council, ([acting] (by (means of regulations)) in_accordance_with a special_legislative_procedure), [shall lay_down] implementing measures for the_Union's_own_resources_system in_so_far_as this is_provided_for in the decision adopted on the basis of the third_paragraph).
▷(The Council [shall act] after obtaining the consent of the European_Parliament).
#h3.7.2.1.1c4#
1. ▷(The multiannual_financial_framework shall ensure that Union_expenditure develops in an_orderly manner and within the limits of its_own_resources).
▷(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).
#h3.7.2.2.1c1#
2. ▷(The Council, [acting] in_accordance_with a special_legislative_procedure, [shall adopt] a regulation laying_down the multiannual_financial_framework).
▷(The Council [shall act] unanimously after obtaining the consent of the European_Parliament, which shall be_given by a majority_of_its_component_members).
▷(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_subparagraph).
#h3.7.2.2.1c2#
3. ▷(The financial_framework shall determine the amounts of the annual ceilings on commitment appropriations by category of expenditure and of the annual ceiling on payment appropriations).
▷(The categories of expenditure, limited in number, shall correspond to the_Union's_major sectors of activity).
▷(The financial_framework shall lay_down any_other_provisions required for the annual_budgetary_procedure to run smoothly).
#h3.7.2.2.1c3#
4. ▷((Where no_Council_regulation determining a new_financial_framework has_been_adopted by the end of the previous financial_framework), the ceilings and other_provisions corresponding to the last year of that_framework [shall be_extended] until such_time as that_act is_adopted). #h3.7.2.2.1c4#
5. ▷(Throughout the procedure leading to the adoption of the financial_framework, the European_Parliament, the Council and the Commission shall take any_measure necessary to facilitate its_adoption). #h3.7.2.2.1c5#
▷(The financial_year shall run from 1_January to 31 December). #h3.7.2.3.1c1#
▷((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)). #h3.7.2.3.2c1#
1. ▷(With the exception of the European_Central_Bank, each_institution shall, before 1 July, draw_up estimates of its_expenditure for the following_financial_year).
▷(The Commission [shall consolidate] these estimates in a draft_budget, which may contain different_estimates).
▷(The draft_budget shall contain an_estimate of revenue and an_estimate of expenditure).
#h3.7.2.3.2c2#
2. ▷(The Commission [shall submit] a proposal containing the draft_budget to the European_Parliament and to the Council not_later than 1 September of the year preceding that in which the budget is to be_implemented).
▷(The Commission [may amend] the draft_budget during the procedure until such_time as the Conciliation_Committee, [referred_to] in paragraph_5, is_convened).
#h3.7.2.3.2c3#
3. ▷(The Council [shall adopt] its_position on the draft_budget and forward it to the European_Parliament not_later than 1_October of the year preceding that in which the budget is to be_implemented).
▷(The Council shall inform the European_Parliament in full of the reasons which led it to adopt its_position).
#h3.7.2.3.2c4#
4. ▷(If, within forty_two days of such_communication, the European_Parliament:
(a) approves the position of the Council, the budget shall be_adopted;
(b) has not_taken a decision, the budget shall be_deemed to have_been_adopted;
(c) adopts amendments by a majority_of_its_component_members, the amended draft shall be_forwarded to the Council and to the Commission).
▷(The President_of_the_European_Parliament, in agreement with the President_of_the_Council, [shall immediately convene] a meeting of the Conciliation_Committee).
▷(However, (if (within ten days of the draft being forwarded) the Council [informs] the European_Parliament (that it{Cn} [has_approved] all_its_amendments)), the Conciliation_Committee [shall not_meet]).
#h3.7.2.3.2c5#
5. ▷(The Conciliation_Committee, which shall be_composed of the members_of_the_Council or their_representatives and an_equal number of members representing the European_Parliament, [shall have] the task of reaching agreement on a joint_text, by a qualified_majority of the members_of_the_Council or their_representatives and by a majority of the representatives of the European_Parliament within twenty_one days of its_being convened, on the basis of the positions of the European_Parliament and the Council).
▷(The Commission [shall take_part] in the Conciliation_Committee's_proceedings and shall take all_the_necessary_initiatives with a view to reconciling the positions of the European_Parliament and the Council).
#h3.7.2.3.2c6#
6. ▷(If, within the twenty_one days [referred_to] in paragraph_5, the Conciliation_Committee agrees on a joint_text, the European_Parliament and the Council shall each_have a period of fourteen days from the date of that_agreement in which to approve the joint_text). #h3.7.2.3.2c7#
7. ▷(If, within the period of fourteen days [referred_to] in paragraph_6:
(a) the European_Parliament and the Council both approve the joint_text or fail to take a decision, or if one of these institutions approves the joint_text while the other_one fails to take a decision, the budget shall be_deemed to [be definitively adopted] in_accordance_with the joint_text; or
(b) the European_Parliament, [acting] by a majority_of_its_component_members, and the Council both reject the joint_text, or if one of these institutions rejects the joint_text while the other_one fails to take a decision, a new draft_budget [shall be_submitted] by the Commission; or
(c) the European_Parliament, [acting] by a majority_of_its_component_members, rejects the joint_text while the Council approves it, a new draft_budget [shall be_submitted] by the Commission; or
(d) the European_Parliament approves the joint_text whilst the Council rejects it, the European_Parliament may, within fourteen days from the date of the rejection by the Council and [acting] by a majority_of_its_component_members and three_fifths of the votes cast, decide to confirm (all or some) of the amendments [referred_to] in paragraph_4.c).
▷((Where a European_Parliament_amendment [is_not_confirmed]), (the position [agreed] in the Conciliation_Committee on the budget_heading (which{heading} is the subject of the amendment)) [shall be_retained]).
▷(The budget [shall be_deemed] (to [be definitively adopted] (on this_basis))).
#h3.7.2.3.2c8#
8. ▷(If, within the twenty_one days [referred_to] in paragraph_5, the Conciliation_Committee does_not_agree on a joint_text, a new draft_budget [shall be_submitted] by the Commission). #h3.7.2.3.2c9#
9. ▷(When the procedure [provided_for] in this_Article has_been_completed, the President_of_the_European_Parliament shall declare that the budget [has_been definitively adopted]). #h3.7.2.3.2c10#
10. ▷(Each_institution) [shall exercise] (the powers [conferred] (upon it) (under this_Article)) (in_compliance_with (the_Treaties) and (the acts [adopted] there under)), (with (particular) [regard] (to (the_Union's_own_resources) and (the balance between revenue_and_expenditure))). #h3.7.2.3.2c11#
▷(If, (at (the beginning of a financial_year)), (the budget) [has not (yet) been (definitively) adopted]), (a sum equivalent to (not_more than one_twelfth) of the budget appropriations for the preceding_financial_year) [may be_spent] (each_month) (in respect of any_chapter of the budget) (in_accordance_with the provisions of the Regulations made pursuant_to Article_322); (that_sum) [shall not, however, exceed] (one_twelfth of the appropriations [provided_for] in the same_chapter of the draft_budget). #h3.7.2.3.3c1#
▷(The Council on a proposal by the Commission, [may, (provided that the other_conditions [laid_down] in the first_paragraph are_observed), authorise] expenditure in excess of one_twelfth in_accordance_with the regulations made pursuant_to Article_322. The Council shall forward the decision immediately to the European_Parliament). #h3.7.2.3.3c2#
▷(The decision [referred_to] in the second_paragraph shall lay_down the necessary_measures relating to resources to ensure application of this_Article, in_accordance_with the acts [referred_to] in Article_311). #h3.7.2.3.3c3#
▷(It shall enter into force thirty days following its_adoption if the European_Parliament, [acting] by a majority_of_its_component_Members, has not_decided to reduce this_expenditure within that time_limit). #h3.7.2.3.3c4#
▷(In accordance_with conditions to be_laid_down pursuant_to Article_322, (any_appropriations, other than those relating to staff_expenditure, (that{appropriations} [are_unexpended] at (the end of the financial_year))) [may be_carried_forward] to the next financial_year only). #h3.7.2.3.4c1#
▷(Appropriations [shall be_classified] (under different_chapters) (([grouping] (items of expenditure) (according_to (their_nature or purpose))) and (subdivided in_accordance_with (the regulations [made] pursuant_to Article_322)))). #h3.7.2.3.4c2#
▷(The expenditure of the European_Parliament, the European_Council and the Council, the Commission and the Court_of_Justice_of_the_European_Union shall be_set_out in separate_parts of the budget, without prejudice to special_arrangements for certain common_items of expenditure). #h3.7.2.3.4c3#
▷(The Commission [shall implement] the budget in cooperation with the Member_States, in_accordance_with the provisions of the regulations made pursuant_to Article_322, on its_own responsibility and within the limits of the appropriations, having regard to the principles of sound financial_management).
▷(Member_States shall cooperate with the Commission to ensure that the appropriations are used in_accordance_with the principles of sound financial_management).
#h3.7.2.4.1c1#
▷(The regulations shall lay_down the control and audit obligations of the Member_States in the implementation of the budget and the resulting responsibilities).
▷(They{regulations} [shall also lay_down] the responsibilities and detailed_rules for each_institution concerning its{institution}_part in (effecting its{institution}_own_expenditure)).
#h3.7.2.4.1c2#
▷(Within the budget, the Commission may, subject to the limits and conditions [laid_down] in the regulations made pursuant_to Article_322, transfer appropriations from one_chapter to another or from one_subdivision to another). #h3.7.2.4.1c3#
▷(The Commission [shall submit] annually to the European_Parliament and to the Council the accounts of the preceding_financial_year relating to the implementation of the budget).
▷(The Commission [shall also forward] to them a financial_statement of the assets and liabilities_of_the_Union).
#h3.7.2.4.2c1#
▷(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_319). #h3.7.2.4.2c2#
1. ▷(The European_Parliament, [acting] on a recommendation from the Council, [shall give a discharge] to the Commission in respect of (the implementation of the budget)).
▷(To this_end, (the Council and (the European_Parliament in turn)) [shall examine] (the accounts, (the financial_statement and (the evaluation_report [referred_to] in Article_318)), (the annual_report by the Court_of_Auditors (together with) (the replies of the institutions under audit to the observations of the Court_of_Auditors)), (the statement_of_assurance [referred_to] in Article_287.1, second_subparagraph) and (any_relevant_special_reports by the Court_of_Auditors))).
#h3.7.2.4.3c1#
2. ▷(Before giving a discharge to the Commission, or for any_other_purpose in connection with the exercise of its_powers over the implementation of the budget, the European_Parliament may ask to hear the Commission give evidence with_regard_to the execution of expenditure or the operation of financial_control_systems).
▷(The Commission [shall submit] any_necessary information to the European_Parliament at the latter's_request).
#h3.7.2.4.3c2#
3. ▷(The Commission [shall take all_appropriate_steps] to act on the observations in the decisions giving discharge and on other_observations by the European_Parliament relating to the execution of expenditure, as_well_as on comments accompanying the recommendations on discharge adopted by the Council).
▷(At the request of the European_Parliament or the Council, the Commission shall report on the measures taken in the light of these observations and comments and (in particular) on the instructions given to the departments which are responsible for the implementation of the budget).
▷(These_reports shall also be_forwarded to the Court_of_Auditors).
#h3.7.2.4.3c3#
▷(The multiannual_financial_framework and the annual_budget shall be_drawn_up in euro). #h3.7.2.5.1c1#
▷(The Commission [may, provided it notifies the competent_authorities of the Member_States_concerned, transfer] (into the currency of (one of the Member_States)) its_holdings (in the currency of another_Member_State), (to the extent necessary to enable them to ([be_used] for purposes which{purposes} come within (the scope of the_Treaties)))).
▷(The Commission [shall (as far as possible) avoid] making such_transfers (if it [possesses] cash or liquid_assets in the currencies (which{currencies}) it{Cm} needs)).
#h3.7.2.5.2c1#
▷(The Commission [shall deal] with each_Member_State through the authority designated by the State_concerned).
▷(In carrying_out financial operations the Commission shall employ the services of the bank of issue of the Member_State_concerned or of any_other_financial_institution approved by that State).
#h3.7.2.5.2c2#
1. ▷(The European_Parliament and the Council, [acting] in_accordance_with the ordinary_legislative_procedure, and after consulting the Court_of_Auditors, [shall adopt] by means of regulations:
(a) the financial_rules which determine (in particular) the procedure to be_adopted for establishing and implementing the budget and for presenting and auditing accounts;
(b) rules providing for checks on the responsibility of financial actors, (in particular) authorising_officers and accounting_officers).
#h3.7.2.5.3c1#
2. ▷(The Council, [acting] on a proposal_from_the_Commission and after consulting the European_Parliament and the Court_of_Auditors, [shall determine] the methods and procedure whereby the budget revenue provided under the arrangements relating to the_Union's_own_resources shall be_made available to the Commission, and determine the measures to be_applied, if need be, to meet cash_requirements). #h3.7.2.5.3c2#
▷(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). #h3.7.2.5.4c1#
▷(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_Title).
▷(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).
#h3.7.2.5.5c1#
1. ▷(The_Union and the Member_States [shall counter] fraud and any_other_illegal_activities affecting the financial_interests_of_the_Union through measures to be_taken in_accordance_with this_Article, which [shall act] as a deterrent and be_such as to afford effective protection in the Member_States, and in all_the_Union's_institutions_bodies_offices_and_agencies). #h3.7.2.6.1c1#
2. ▷(Member_States shall take the same_measures to counter fraud affecting the financial_interests_of_the_Union as they take to counter fraud affecting their_own financial_interests). #h3.7.2.6.1c2#
3. ▷(Without prejudice to other_provisions of the_Treaties, the Member_States [shall coordinate] their_action aimed at protecting the financial_interests_of_the_Union against fraud).
▷(To this_end they shall organise, (together with) the Commission, close and regular cooperation between the competent_authorities).
#h3.7.2.6.1c3#
4. ▷((The European_Parliament and the Council, [acting] in_accordance_with the ordinary_legislative_procedure, after consulting the Court_of_Auditors), [shall adopt] the necessary_measures in the fields of the prevention of and [fight] against fraud affecting the financial_interests_of_the_Union with a view to affording effective and equivalent protection in the Member_States and in all_the_Union's_institutions_bodies_offices_and_agencies). #h3.7.2.6.1c4#
5. ▷(The Commission, in cooperation with Member_States, [shall each_year submit] to the European_Parliament and to the Council a report on the measures taken for the implementation of this_Article). #h3.7.2.6.1c5#
▷(Any_enhanced_cooperation [shall comply] with (the_Treaties and Union_law)). #h3.7.3.1c1#
▷(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.
#h3.7.3.1c2#
▷(Any_enhanced_cooperation [shall respect] the competences, rights and obligations of those_Member_States which{MS} do_not_participate in it).
▷(Those_Member_States shall not_impede its_implementation by the participating Member_States).
#h3.7.3.2c1#
1. ▷(When enhanced_cooperation is_being established, it [shall be_open] to all_Member_States, subject to compliance with any_conditions of participation [laid_down] by the authorising decision).
▷(It [shall also be_open] to them at any_other_time, subject to compliance with the acts already adopted within that framework, in addition to those_conditions).
▷(The Commission and the Member_States participating in enhanced_cooperation [shall ensure] that they promote participation by as many_Member_States as possible).
#h3.7.3.3c1#
2. ▷(The Commission and, where appropriate, the High_Representative_of_the_Union_for_Foreign_Affairs_and_Security_Policy [shall keep] the European_Parliament and the Council regularly informed regarding developments in enhanced_cooperation). #h3.7.3.3c2#
1. ▷(Member_States which{MS} wish to establish enhanced_cooperation between themselves in one of the areas covered by the_Treaties, with the exception of fields of exclusive_competence and the common_foreign_and_security_policy), [shall address] a request to the Commission, specifying the scope and objectives_of_the_enhanced_cooperation proposed).
▷(The Commission [may submit] a proposal to the Council to that effect).
▷(In the event of the Commission not_submitting a proposal, it shall inform the Member_States_concerned of the reasons for not_doing so).
▷((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)).
#h3.7.3.4c1#
2. ▷(The request of the Member_States which{MS} wish to establish enhanced_cooperation between themselves within the framework of the common_foreign_and_security_policy shall be_addressed to the Council).
▷(It shall be_forwarded to the High_Representative_of_the_Union_for_Foreign_Affairs_and_Security_Policy, who [shall give] an_opinion on whether the enhanced_cooperation proposed is_consistent with the_Union's_common_foreign_and_security_policy, and to the Commission, which shall give its_opinion (in particular) on whether the enhanced_cooperation proposed is_consistent with other_Union_policies).
▷(It shall also be_forwarded to the European_Parliament for information).
▷((Authorisation to proceed with enhanced_cooperation) [shall be_granted] (by a decision of (the Council [acting] unanimously))).
#h3.7.3.4c2#
▷(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). #h3.7.3.5c1#
▷(Unanimity [shall be_constituted] by the votes of the representatives of the participating Member_States only). #h3.7.3.5c2#
▷(A qualified_majority [shall be_defined] in_accordance_with Article_238.3). #h3.7.3.5c3#
1. ▷(Any_Member_State which{MS} wishes to participate in enhanced_cooperation in progress in one of the areas [referred_to] in Article_329.1 [shall notify] its_intention to the Council and the Commission).
▷(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_330).
▷(It may also adopt the transitional measures [referred_to] in the second_subparagraph on a proposal_from_the_Commission).
#h3.7.3.6c1#
2. ▷(Any_Member_State which{MS} wishes to participate in enhanced_cooperation in progress in the framework of the common_foreign_and_security_policy [shall notify] its_intention to the Council, the High_Representative_of_the_Union_for_Foreign_Affairs_and_Security_Policy and 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_330).
#h3.7.3.6c2#
▷(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). #h3.7.3.7c1#
1. ▷(Where a provision of the_Treaties which may be_applied in the context of enhanced_cooperation stipulates that the Council [shall act] unanimously, the Council, [acting] unanimously in_accordance_with the arrangements [laid_down] in Article_330, [may adopt] a decision stipulating that it [will_act] by a qualified_majority). #h3.7.3.8c1#
2. ▷(Where a provision of the_Treaties which may be_applied in the context of enhanced_cooperation stipulates that the Council [shall adopt] acts under a special_legislative_procedure, the Council, [acting] unanimously in_accordance_with the arrangements [laid_down] in Article_330, may adopt a decision stipulating that it [will_act] under the ordinary_legislative_procedure).
▷(The Council [shall act] after consulting the European_Parliament).
#h3.7.3.8c2#
3. ▷(Paragraphs 1 and 2 [shall not_apply] to decisions having military or defence implications). #h3.7.3.8c3#
▷(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). #h3.7.3.9c1#
▷(In each_of_the_Member_States, the_Union [shall enjoy] (the most_extensive_legal_capacity accorded to legal_persons under their_laws); it [may, in particular, acquire or dispose] of movable_and_immovable_property and [may be] a party to legal_proceedings).
▷(To this_end, the_Union shall be_represented by the Commission).
▷(However, the_Union shall be_represented by each of the institutions, by virtue of their_administrative autonomy, in matters relating to their_respective operation).
#h3.8.1c1#
▷(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 the other_institutions_concerned, lay_down the Staff_Regulations of Officials of the European_Union and the Conditions_of_Employment of other_servants_of_the_Union). #h3.8.2c1#
▷(The Commission [may, (within the limits and under conditions [laid_down] by the Council [acting] by a simple_majority in_accordance_with the provisions of the_Treaties), collect] any_information and carry_out any_checks required for the performance of the tasks entrusted to it). #h3.8.3c1#
1. ▷(Without prejudice to Article_5_of_the_Protocol_on_the_Statute_of_the_European_System_of_Central_Banks and of the European_Central_Bank, the European_Parliament and the Council, [acting] in_accordance_with the ordinary_legislative_procedure, [shall adopt] measures for the production of statistics where necessary for the performance of the activities_of_the_Union). #h3.8.4c1#
2. ▷((The production of Union_statistics) [shall conform] to (impartiality, reliability, objectivity, scientific_independence, cost_effectiveness and statistical_confidentiality)); (it{statistics} [shall not_entail] excessive_burdens on economic_operators). #h3.8.4c2#
▷(The members of the institutions_of_the_Union, the members of committees, and the officials and other_servants_of_the_Union shall be_required, even after their_duties have ceased, not to [disclose] information of the kind [covered] by the obligation of professional_secrecy, (in particular) information about (undertakings, their_business_relations or their_cost components)). #h3.8.5c1#
▷(The contractual_liability_of_the_Union shall be_governed by the law applicable to the contract in question). #h3.8.6c1#
▷(In the case of non_contractual_liability, the_Union shall, in_accordance_with the general_principles common to the laws of the Member_States, make good any_damage caused by its_institutions or by its_servants in the performance of their_duties). #h3.8.6c2#
▷(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). #h3.8.6c3#
▷(The personal_liability of its_servants towards the_Union shall be_governed by the provisions [laid_down] in their_Staff_Regulations or in the Conditions_of_Employment applicable to them. #h3.8.6c4#
▷(The seat of the institutions_of_the_Union shall be_determined by common_accord of the governments_of_the_Member_States). #h3.8.7c1#
▷(The rules governing the languages of the institutions_of_the_Union shall, without prejudice to the provisions contained in the Statute_of_the_Court_of_Justice_of_the_European_Union, be_determined by the Council, [acting] unanimously by means of regulations). #h3.8.8c1#
▷(The_Union [shall enjoy] in the territories of the Member_States such_privileges and immunities as are necessary for the performance of its_tasks, under the conditions [laid_down] in the Protocol of 8_April_1965 on the privileges and immunities of the European_Union).
▷(The same_[shall apply] to the European_Central_Bank and the European_Investment_Bank).
#h3.8.9c1#
▷(Member_States undertake not to submit a dispute concerning the interpretation or application of the_Treaties to any_method of settlement other than those provided_for therein). #h3.8.10c1#
▷(The_Treaties [shall (in no_way) prejudice] ((the rules in Member_States) [governing] (the system of property_ownership))). #h3.8.11c1#
1. ▷(The provisions of the_Treaties shall not_preclude the application of the following_rules:
(a) no_Member_State shall be_obliged to supply information the disclosure of which it considers contrary to the essential interests of its_security;
(b) any_Member_State may take such_measures as it considers necessary for the protection of the essential interests of its_security which are connected with the production of or trade in arms, munitions and war_material; such_measures [shall not adversely affect] the conditions_of_competition in the internal_market [regarding] products (which{products}) [are_not_intended] for specifically_military_purposes).
#h3.8.12c1#
2. ▷(The Council may, [acting] unanimously on a proposal_from_the_Commission, make changes to the list, which it drew_up on 15_April_1958, of the products to which the provisions of paragraph_1.b apply). #h3.8.12c2#
▷(Member_States shall consult each_other with a view to taking together the steps needed to prevent the functioning_of_the_internal_market being_affected by measures which a Member_State may be_called_upon to take in the event of serious_internal_disturbances affecting the maintenance of law_and_order, (in the event of war), serious_international_tension constituting a threat of war, or in_order to carry_out obligations it has_accepted for the purpose of maintaining peace and international_security). #h3.8.13c1#
▷(If measures taken in the circumstances [referred_to] in Articles 346 and 347 have the effect of distorting the conditions_of_competition in the internal_market, the Commission [shall, (together with) the State_concerned, examine] (how these_measures [can be_adjusted] to the rules [laid_down] in the_Treaties)). #h3.8.14c1#
▷(By way of derogation from the procedure [laid_down] in Articles 258 and 259), (the Commission or any_Member_State) [may bring] (the matter) (directly) (before the Court_of_Justice) if it considers that another_Member_State [is_making] improper_use of the powers [provided_for] in Articles 346 and 347).
▷(The Court_of_Justice [shall give] (its_ruling) (in camera).
#h3.8.14c2#
▷(Taking account of the structural social and economic_situation of Guadeloupe, French_Guiana, Martinique, Reunion, Saint_Barthelemy, Saint_Martin, the Azores, Madeira_and_the_Canary_Islands, which is_compounded by their_remoteness, insularity, small size, difficult_topography and climate, economic_dependence on a few_products, the permanence and combination of which severely restrain their_development, the Council, on a proposal_from_the_Commission and after consulting the European_Parliament, [shall adopt] specific_measures aimed, in particular, at laying_down the conditions of application of the_Treaties to those_regions, including common_policies).
▷(Where the specific_measures in question are adopted by the Council in_accordance_with a special_legislative_procedure, it [shall also act] on a proposal_from_the_Commission and after consulting the European_Parliament).
#h3.8.15c1#
▷((The measures [referred_to] in the first_paragraph) [concern] (in particular) areas such_as (customs and trade)_policies, fiscal_policy, (free_zones), (agriculture and fisheries policies), (conditions for [supply] of (raw_materials and essential_consumer_goods)), (State_aids and (conditions of access (to structural_funds and to horizontal_Union_programmes))). #h3.8.15c2#
▷(The Council [shall adopt] (the measures [referred_to] in the first_paragraph taking_into_account the (special_characteristics and constraints) of the outermost_regions) (without undermining the (integrity and the coherence)_of_the_Union_legal_order, including (the internal_market and common_policies))). #h3.8.15c3#
▷((The provisions of the_Treaties) [shall not_preclude] ((the existence or completion) of (regional_unions (between Belgium and Luxembourg), or (between Belgium, Luxembourg and the Netherlands))), (to the extent (that (the objectives of these_regional_unions) [are_not_attained] (by application of the_Treaties)))). #h3.8.16c1#
▷(The rights and obligations arising from agreements concluded before 1_January_1958 or, for acceding_States, before the date of their_accession, between (one or more) Member_States on the one hand, and (one or more) third_countries on the other, shall not_be_affected by the provisions of the_Treaties). #h3.8.17c1#
▷(To the extent that such_agreements are_not_compatible with the_Treaties, the Member_State or States_concerned shall take all_appropriate_steps to eliminate the incompatibilities established).
▷(Member_States shall, where necessary, assist each_other to this_end and shall, where appropriate, adopt a common_attitude).
#h3.8.17c2#
▷(In applying the agreements [referred_to] in the first_paragraph, (Member_States) [shall take_into_account] the fact that (the advantages [accorded] (under the_Treaties) by each_Member_State) [form] an_integral_part of the establishment_of_the_Union and [are thereby inseparably linked] with (the creation of common_institutions), the conferring of powers upon them and the granting of the same_advantages by all_the_other_Member_States). #h3.8.17c3#
1. ▷(If action_by_the_Union should prove necessary, within the framework of the policies [defined] in the_Treaties, to attain one of the objectives [set_out] in the_Treaties, and the_Treaties have_not_provided the necessary_powers, the Council, [acting] unanimously on a proposal_from_the_Commission and after obtaining the consent of the European_Parliament, [shall adopt] the appropriate_measures).
▷(Where the measures in question are adopted by the Council in_accordance_with a special_legislative_procedure, it shall also act unanimously on a proposal_from_the_Commission and after obtaining the consent of the European_Parliament).
#h3.8.18c1#
2. ▷(Using the procedure for monitoring the subsidiarity principle [referred_to] in Article_5.3_of_the_Treaty_on_the_European_Union, the Commission shall draw national_Parliaments'_attention to proposals based on this_Article). #h3.8.18c2#
3. ▷(Measures based on this_Article) [shall not_entail] harmonisation of Member_States'_laws or regulations in cases where the_Treaties exclude such_harmonisation). #h3.8.18c3#
4. ▷(This_Article [cannot_serve] as a basis for attaining objectives pertaining to the common_foreign_and_security_policy and any_acts [adopted] pursuant_to this_Article shall respect the limits set_out in Article_40, second_paragraph, of the Treaty_on_the_European_Union). #h3.8.18c4#
Article 48(7) of the Treaty_on_the_European_Union [shall not_apply] to the following_Articles:
-- Article_311, third_and fourth_paragraphs,
-- Article_312.2, first_subparagraph,
-- Article_352, and
-- Article_354).
#h3.8.19c1#
▷(For the purposes of Article_7_of_the_Treaty_on_the_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).
#h3.8.20c1#
▷(For the adoption of the decisions [referred_to] in paragraphs 3 and 4 of Article_7_of_the_Treaty_on_the_European_Union, a qualified_majority [shall be_defined] in_accordance_with Article_238.3.b of this_Treaty). #h3.8.20c2#
▷(Where, following a decision to suspend voting rights adopted pursuant_to paragraph_3 of Article_7_of_the_Treaty_on_the_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_238.3.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_238.3.a). #h3.8.20c3#
▷(For the purposes of Article_7_of_the_Treaty_on_the_European_Union, the European_Parliament [shall act] by a two_thirds majority_of_the_votes_cast, representing the majority_of_its_component_Members). #h3.8.20c4#
▷(In addition to the provisions of Article_52_of_the_Treaty_on_the_European_Union relating to the territorial_scope of the_Treaties, the following_provisions [shall apply]: #h3.8.21c1#
1. ▷(The provisions of the_Treaties [shall apply] to Guadeloupe, French_Guiana, Martinique, Reunion, Saint_Barthelemy, Saint_Martin, the Azores, Madeira_and_the_Canary_Islands in_accordance_with Article_349). #h3.8.21c2#
2. ▷(The special_arrangements for association [set_out] in Part Four [shall apply] to the overseas countries_and_territories listed in Annex_II).
▷(The_Treaties [shall not_apply] to those_overseas countries_and_territories having special_relations with the United_Kingdom_of_Great_Britain and_Northern_Ireland which are_not_included in the aforementioned list).
#h3.8.21c3#
3. ▷(The provisions of the_Treaties [shall apply] to the European territories for whose_external_relations a Member_State is_responsible). #h3.8.21c4#
4. ▷((The provisions of the_Treaties) [shall apply] (to the Aland_Islands) (in_accordance_with the provisions [set_out] in Protocol 2 to the Act concerning the conditions of accession of the Republic_of_Austria, the Republic_of_Finland and the Kingdom_of_Sweden)). #h3.8.21c5#
5. ▷(NotWithstanding Article_52_of_the_Treaty_on_the_European_Union and paragraphs 1 to 4 of this_Article:
(a) the_Treaties [shall not_apply] to the Faeroe_Islands;
(b) the_Treaties [shall not_apply] to the United_Kingdom Sovereign_Base_Areas of (Akrotiri and Dhekelia in Cyprus) except to the extent necessary to ensure the implementation of the arrangements [set_out] in the Protocol_on_the_Sovereign_Base_Areas of the United_Kingdom_of_Great_Britain and_Northern_Ireland in Cyprus annexed to the Act concerning the conditions of accession of the Czech_Republic, the Republic_of_Estonia, the Republic_of_Cyprus, the Republic_of_Latvia, the Republic_of_Lithuania, the Republic_of_Hungary, the Republic_of_Malta, the Republic_of_Poland, the Republic_of_Slovenia and the Slovak_Republic to the European_Union and in_accordance_with the terms of that_Protocol;
(c) the_Treaties [shall apply] to the Channel_Islands and the Isle_of_Man only to the extent necessary to ensure the implementation of the arrangements for those_islands [set_out] in the Treaty concerning the accession of new Member_States to the European_Economic_Community and to the European_Atomic_Energy_Community signed on 22_January_1972).
#h3.8.21c6#
6. ▷(The European_Council may, on the initiative of the Member_State_concerned, adopt a decision amending the status, with_regard_to the_Union, of a Danish, French or Netherlands country_or_territory [referred_to] in paragraphs 1 and 2).
▷(The European_Council [shall act] unanimously after consulting the Commission).
#h3.8.21c7#
▷(This_Treaty) [is_concluded] (for an_unlimited_period). #h3.8.22c1#
▷(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).
#h3.8.23c1#
▷(This_Treaty shall enter into force on the first_day of the month following the deposit of the Instrument_of_ratification by the last signatory_State to take this_step).
▷(If, however, such_deposit is_made less than 15 days before (the beginning of the following_month), this_Treaty shall not_enter into force until the first_day of the second_month after the date of such_deposit).
#h3.8.23c2#
▷(The provisions of Article_55_of_the_Treaty_on_the_European_Union [shall apply] to this_Treaty). #h3.8.24c1#
▷((IN WITNESS WHEREOF), the undersigned_Plenipotentiaries [have_signed] this_Treaty). #h3.8.24c2#
▷(Done at Rome this_twenty_fifth day of_March_in the year one_thousand nine hundred and fifty_seven).
▷(List of signatories not_reproduced)
#h3.8.24c3#
{1} ▷(The Republic_of Bulgaria, the Czech_Republic, the Kingdom_of_Denmark, the Republic_of_Estonia, Ireland, the Hellenic_Republic, the Kingdom_of_Spain, the Republic_of_Cyprus, the Republic_of_Latvia, the Republic_of_Lithuania, the Republic_of_Hungary, the Republic_of_Malta, the Republic_of_Austria, the Republic_of_Poland, the Portuguese_Republic, Romania, the Republic_of_Slovenia, the Slovak_Republic, the Republic_of_Finland, the Kingdom_of_Sweden and the United_Kingdom_of_Great_Britain and_Northern_Ireland have since become members of the European_Union).
#h3.8.24c4#
▷{2} These_references are merely indicative).
▷((For more_ample_information), [please refer] (to the tables of (equivalences (between the old and the new numbering of the_Treaties)))).
#h3.8.24c5#
▷(THE HIGH_CONTRACTING_PARTIES,
[RECALLING] that the way in which national_Parliaments scrutinise their_governments in_relation_to the activities_of_the_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_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_the_European_Union, to the Treaty_on_the_Functioning_of_the_European_Union and to the Treaty_establishing_the_European_Atomic_Energy_Community:
#h4.1c1#
▷(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))).
#h4.1.1.1c1#
▷(Draft legislative_acts sent to the European_Parliament and to the Council shall be_forwarded to national_Parliaments). #h4.1.1.2c1#
▷(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). #h4.1.1.2c2#
▷(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). #h4.1.1.2c3#
▷(Draft legislative_acts originating from the European_Parliament shall be_forwarded to national_Parliaments directly by the European_Parliament). #h4.1.1.2c4#
▷(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). #h4.1.1.2c5#
▷(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))). #h4.1.1.3c1#
▷((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)). #h4.1.1.3c2#
▷(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). #h4.1.1.3c3#
▷(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{cases}) 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).
#h4.1.1.4c1#
▷(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). #h4.1.1.5c1#
▷(When the European_Council intends to make use of the first or second_subparagraphs of Article_48.7_of_the_Treaty_on_the_European_Union, national_Parliaments shall be_informed of the initiative of the European_Council (at least) six_months before any_decision is_adopted). #h4.1.1.6c1#
▷(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). #h4.1.1.7c1#
▷(Where the national_Parliamentary system is_not_unicameral, Articles 1 to 7 [shall apply] to the component chambers). #h4.1.1.8c1#
▷((The European_Parliament and national_Parliaments) [shall together determine] the organisation and promotion of effective and regular interparliamentary cooperation within the_Union). #h4.1.2.1c1#
▷(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).
#h4.1.2.2c1#
▷(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_5_of_the_Treaty_on_the_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_the_European_Union and to the Treaty_on_the_Functioning_of_the_European_Union:
#h4.2c1#
▷(Each_institution shall ensure constant respect for the principles_of_subsidiarity_and_proportionality, as [laid_down] in Article_5_of_the_Treaty_on_the_European_Union). #h4.2.1c1#
▷(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).
#h4.2.2c1#
▷(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). #h4.2.3c1#
▷(The Commission [shall forward] its_draft_legislative_acts and its_amended drafts to national_Parliaments at the same_time as to the_Union_legislator). #h4.2.4c1#
▷(The European_Parliament shall forward its_draft_legislative_acts and its_amended drafts to national_Parliaments). #h4.2.4c2#
▷(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). #h4.2.4c3#
▷(Upon adoption, legislative_resolutions of the European_Parliament and positions of the Council shall be_forwarded by them to national_Parliaments). #h4.2.4c4#
▷(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).
#h4.2.5c1#
▷(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).
#h4.2.6c1#
▷(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). #h4.2.6c2#
▷(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). #h4.2.6c3#
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).
#h4.2.7c1#
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_76_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).
#h4.2.7c2#
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{Cm} [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).
#h4.2.7c3#
▷(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_263_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). #h4.2.8c1#
▷(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). #h4.2.8c2#
▷(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_5_of_the_Treaty_on_the_European_Union).
▷(This_annual_report shall also be_forwarded to the Economic_and_Social_Committee and the Committee_of_the_Regions).
#h4.2.9c1#
▷(THE HIGH_CONTRACTING_PARTIES,
DESIRING to lay_down the Statute_of_the_Court_of_Justice_of_the_European_Union [provided_for] in Article_281_of_the_Treaty_on_the_Functioning_of_the_European_Union,
([HAVE_AGREED] (UPON the following_provisions, which shall be_annexed to the Treaty_on_the_European_Union, the Treaty_on_the_Functioning_of_the_European_Union and the Treaty_establishing_the_European_Atomic_Energy_Community:
#h4.3c1#
▷(The Court_of_Justice_of_the_European_Union [shall be_constituted and shall function] (in_accordance_with the provisions (of the_Treaties, of the Treaty_establishing_the_European_Atomic_Energy_Community (EAEC_Treaty) and of this_Statute))). #h4.3.1c1#
▷(Before taking up his_duties each_Judge [shall, before the Court_of_Justice sitting in open_court, take] an_oath to [perform] his_duties impartially and conscientiously and to [preserve] the secrecy of the deliberations of the Court). #h4.3.2.1c1#
▷(The Judges) [shall be_immune] (from legal_proceedings)).
▷((After (they{J} have_ceased to hold office)), they [shall continue_to_enjoy] immunity (in respect of (acts [performed] (by them) (in their_official_capacity)), ([including] words [spoken or written]))).
#h4.3.2.2c1#
▷((The Court_of_Justice, ([sitting] as a full_Court)), [may waive] the immunity).
▷(If (the decision) [concerns] ((a member of the General_Court) (or of a specialised_court)), (the Court) [shall decide] after consulting the court_concerned).
#h4.3.2.2c2#
▷((Where (immunity) [has_been_waived] and criminal_proceedings [are_instituted] against a Judge), he{Judge} [shall be_tried], in (any of the Member_States), ((only by) (the court competent to [judge] (the members of the highest_national_judiciary)))). #h4.3.2.2c3#
▷(Articles 11 to 14 and Article_17_of_the_Protocol_on_the_privileges and immunities of the European_Union) [shall apply] to the Judges, Advocates_General, Registrar and Assistant Rapporteurs of the Court_of_Justice_of_the_European_Union, without prejudice to the provisions relating to immunity from legal_proceedings of Judges which are [set_out] in the preceding_paragraphs). #h4.3.2.2c4#
▷(The Judges may not_hold any_political or administrative office). #h4.3.2.3c1#
▷((They [may not_engage] in any_occupation, whether gainful or not, unless exemption is_exceptionally granted by the Council, [acting] by a simple_majority). #h4.3.2.3c2#
▷((When [taking_up] their_duties), (they) [shall give] a solemn_undertaking that, (both during and after) their_term_of_office, they [will_respect] (the obligations arising therefrom), (in particular) the duty to behave with integrity and discretion as_regards the acceptance, after they have ceased to hold office, of certain appointments or benefits). #h4.3.2.3c3#
▷(Any_doubt on this_point shall be_settled by decision of the Court_of_Justice).
▷((If the decision concerns a member of the General_Court or of a specialised_court), the Court shall decide after consulting the court_concerned).
#h4.3.2.3c4#
▷(Apart_from normal_replacement, or death, the duties of a Judge shall end when (he) resigns). #h4.3.2.4c1#
▷(Where a Judge resigns, his_letter of resignation shall be_addressed to the President_of_the_Court_of_Justice for transmission to the President_of_the_Council).
▷(Upon this_notification a vacancy shall arise on the bench).
#h4.3.2.4c2#
▷(Save where Article_6 applies), (a Judge) shall continue_to_hold office until his_successor takes up his_duties). #h4.3.2.4c3#
▷(A Judge may be_deprived of his_office or of his_right to a pension or other_benefits in its_stead only if, in the unanimous_opinion of the Judges and Advocates_General of the Court_of_Justice, (he) no_longer fulfils the requisite_conditions or meets the obligations arising from his_office).
▷(The Judge_concerned shall not_take_part in any_such_deliberations).
▷(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).
#h4.3.2.5c1#
▷(The Registrar of the Court shall communicate the decision of the Court to the President_of_the_European_Parliament and to the President_of_the_Commission and [shall notify] it to the President_of_the_Council). #h4.3.2.5c2#
▷(In the case of a decision depriving a Judge of his_office, a vacancy shall arise on the bench upon this_latter notification). #h4.3.2.5c3#
▷(A Judge (who [is] (to [replace] ((a member of the Court) (whose_term_of_office has_not_expired))))) [shall be_appointed] for the remainder of his_predecessor's_term). #h4.3.2.6c1#
▷(The provisions of Articles 2 to 7 [shall apply] to the Advocates_General). #h4.3.2.7c1#
▷((When, every_three_years, the Judges are partially replaced), (14 and 13 Judges) [shall be_replaced] alternately). #h4.3.3.1c1#
▷(When, every_three_years, the Advocates_General are partially replaced, four Advocates_General shall be_replaced on each_occasion). #h4.3.3.1c2#
▷(The Registrar [shall take] an_oath before the Court_of_Justice to perform his_duties impartially and conscientiously and to preserve the secrecy of the deliberations of the Court_of_Justice). #h4.3.3.2c1#
▷(The Court_of_Justice shall arrange for replacement of the Registrar on occasions when (he) is_prevented from attending the Court_of_Justice). #h4.3.3.3c1#
▷((Officials and other_servants) [shall be_attached] (to the Court_of_Justice) (to enable it{CoJ} to function)).
▷(They shall be_responsible to the Registrar under the authority of the President).
#h4.3.3.4c1#
▷(At the request of the Court_of_Justice, the European_Parliament and the Council may, [acting] in_accordance_with the ordinary_legislative_procedure, provide for the appointment of Assistant Rapporteurs and lay_down the rules governing their_service).
▷(The Assistant_Rapporteurs may be_required, under conditions [laid_down] in the Rules_of_Procedure, to participate in preparatory_inquiries in cases pending before the Court and to cooperate with the Judge who [acts] as Rapporteur).
#h4.3.3.5c1#
▷(The Assistant_Rapporteurs [shall be_chosen] from persons whose_independence is beyond doubt and who [possess] the necessary_legal_qualifications; they shall be_appointed by the Council, [acting] by a simple_majority).
▷(They shall take an_oath before the Court to perform their_duties impartially and conscientiously and to preserve the secrecy of the deliberations of the Court).
#h4.3.3.5c2#
▷(The Judges, the Advocates_General and the Registrar [shall be_required] to reside at the place where the Court_of_Justice has its_seat). #h4.3.3.6c1#
▷(The Court_of_Justice shall remain permanently in session).
▷(The duration of the judicial vacations shall be_determined by the Court with due_regard to the needs of its_business).
#h4.3.3.7c1#
▷(The Court_of_Justice shall form chambers consisting of three_and five_Judges).
▷(The Judges shall elect the Presidents of the chambers from among their_number).
▷(The Presidents of the chambers of five_Judges shall be_elected for three_years).
▷(They may be_re_elected once).
#h4.3.3.8c1#
▷(The Grand_Chamber shall consist of 13 Judges).
▷(It shall be_presided over by the President_of_the_Court).
▷(The Presidents of the chambers of five_Judges and other_Judges appointed in_accordance_with the conditions [laid_down] in the Rules_of_Procedure shall also form part of the Grand_Chamber).
#h4.3.3.8c2#
▷(The Court [shall sit] in a Grand_Chamber when a Member_State or an_institution_of_the_Union that is_party to the proceedings so requests). #h4.3.3.8c3#
▷(The Court [shall sit] as a full_Court where cases are brought before it pursuant_to Article_228.2, Article_245.2, Article_247 or Article_286.6_of_the_Treaty_on_the_Functioning_of_the_European_Union). #h4.3.3.8c4#
▷(Moreover, (where it considers that a case before it is of exceptional_importance), the Court [may decide], after (hearing the Advocate_General), (to [refer] the case (to the full_Court))). #h4.3.3.8c5#
▷(Decisions of the Court_of_Justice shall be_valid only when an_uneven number of its_members is_sitting in the deliberations). #h4.3.3.9c1#
▷(Decisions of the chambers consisting of either three or five_Judges shall be_valid only if they are_taken by three_Judges). #h4.3.3.9c2#
▷(Decisions of the Grand_Chamber shall be_valid only if nine Judges are sitting). #h4.3.3.9c3#
▷(Decisions of the full_Court shall be_valid only if 15 Judges are sitting). #h4.3.3.9c4#
▷(In the event of one of the Judges of a chamber being prevented from attending, a Judge of another_chamber may be_called_upon to sit in_accordance_with conditions [laid_down] in the Rules_of_Procedure). #h4.3.3.9c5#
▷(No (Judge or Advocate_General)) [may take_part] (in the disposal of (any_case (in which (He [has previously taken_part] (as agent or adviser)) (or [has_acted] (for one of the parties))), (or in which (he) [has_been_called_upon] to pronounce as a member of a court or tribunal, of a commission of inquiry or in any_other_capacity))). #h4.3.3.10c1#
▷(If, for some_special_reason, any_Judge or Advocate_General considers that (he) should not_take_part in the judgment or examination of a particular case, (he) shall so inform the President).
▷(If, for some_special_reason, the President considers that any_Judge or Advocate_General should not_sit or make submissions in a particular case, (he) [shall notify] him accordingly).
#h4.3.3.10c2#
▷(Any_difficulty arising as to the application of this_Article shall be_settled by decision of the Court_of_Justice). #h4.3.3.10c3#
▷(A party may not_apply for a change in the composition of the Court or of one of its_chambers on the grounds of either the nationality of a Judge or the absence from the Court or from the chamber of a Judge of the nationality of that_party). #h4.3.3.10c4#
▷(The Member_States and the institutions_of_the_Union shall be_represented before the Court_of_Justice by an_agent appointed for each_case; the agent may be_assisted by an_adviser or by a lawyer). #h4.3.4.1c1#
▷(The States, other than the Member_States, which are parties to the Agreement on the European Economic Area and also the EFTA Surveillance Authority [referred_to] in that_Agreement shall be_represented in same_manner). #h4.3.4.1c2#
▷(Other parties must be_represented by a lawyer). #h4.3.4.1c3#
▷(Only a lawyer authorised to practise before a court of a Member_State or of another_State which is a party to the Agreement on the European Economic Area may represent or assist a party before the Court). #h4.3.4.1c4#
▷(Such_agents, advisers and lawyers shall, when they appear before the Court, enjoy the rights and immunities necessary to the independent exercise of their_duties, under conditions [laid_down] in the Rules_of_Procedure). #h4.3.4.1c5#
▷(As_regards such_(advisers and lawyers) who [appear] before it, the Court [shall have] the powers normally accorded to courts of law, under conditions [laid_down] in the Rules_of_Procedure). #h4.3.4.1c6#
▷(University_teachers [being] (nationals of a Member_State whose{MS} law [accords] (them{teachers}) a right of audience)) [shall have] (the same_rights (before the Court) (as [are_accorded] (by this_Article) (to lawyers))). #h4.3.4.1c7#
▷((The procedure (before the Court_of_Justice)) [shall consist] (of two_parts: (written and oral))). #h4.3.4.2c1#
▷(The written_procedure [shall consist] (of the communication (to the parties and to the institutions_of_the_Union whose_decisions are in dispute), (of applications, (statements of case), defences and observations, and of replies, if any, as_well_as (of all_(papers and documents) (in support or (of certified_copies of them{doc})))))). #h4.3.4.2c2#
▷(Communications shall be_made by the Registrar in the order and within the time [laid_down] in the Rules_of_Procedure). #h4.3.4.2c3#
▷(The oral_procedure [shall consist] of the reading of the report presented by a Judge [acting] as Rapporteur, the hearing by the Court of agents, advisers and lawyers and of the submissions of the Advocate_General, as_well_as the hearing, if any, of witnesses and experts). #h4.3.4.2c4#
▷(Where it considers that the case raises no_new point of law, the Court may decide, after hearing the Advocate_General, that the case shall be_determined without a submission from the Advocate_General). #h4.3.4.2c5#
▷(A case [shall be_brought] before the Court_of_Justice (by a written_application [addressed] to the Registrar)).
▷(The application [shall contain] the applicant's_name and permanent_address and the description of the signatory, the name of the party or names of the parties against whom the application is_made, the subject_matter of the dispute, the form of order sought and a brief statement of the pleas in law on which the application is_based).
#h4.3.4.3c1#
▷(The application shall be_accompanied, where appropriate, by the measure the annulment of which is_sought or, in the circumstances [referred_to] in Article_265_of_the_Treaty_on_the_Functioning_of_the_European_Union, by documentary evidence of the date on which an_institution [was, in_accordance_with those_Articles, requested] to act).
▷(If the documents are_not_submitted with the application, the Registrar shall ask the party_concerned to produce them within a reasonable_period, but in that_event the rights of the party shall not_lapse even if such_documents are_produced after the time limit for bringing_proceedings).
#h4.3.4.3c2#
▷(A case governed by Article_18_of_the_EAEC_Treaty shall be_brought before the Court_of_Justice by an_appeal addressed to the Registrar).
▷(The appeal [shall contain] the name and permanent address of the applicant and the description of the signatory, a reference to the decision against which the appeal is_brought, the names of the respondents, the subject_matter of the dispute, the submissions and a brief statement of the grounds on which the appeal is_based).
#h4.3.4.4c1#
▷(The appeal shall be_accompanied by a certified copy of the decision of the Arbitration_Committee which is_contested). #h4.3.4.4c2#
▷((If the Court [rejects] the appeal), (the decision of the Arbitration_Committee) [shall become] final). #h4.3.4.4c3#
▷(If the Court annuls the decision of the Arbitration_Committee, the matter may be_re_opened, where appropriate, on the initiative of one of the parties in the case, before the Arbitration_Committee).
▷(The latter shall conform to any_decisions on points of law given by the Court).
#h4.3.4.4c4#
▷(In the cases [governed] by Article_267_of_the_Treaty_on_the_Functioning_of_the_European_Union, (the decision of (the court or tribunal of a Member_State) (which{decision}) [suspends] its_proceedings and [refers] a case to the Court_of_Justice) [shall be_notified] to the Court by the court or tribunal_concerned).
▷(The decision shall then be_notified by the Registrar of the Court to the parties, to the Member_States and to the Commission, and to the institution_body_office_or_agency_of_the_Union which adopted the act the validity or interpretation of which is in dispute).
#h4.3.4.5c1#
▷(Within two_months of this_notification, the parties, the Member_States, the Commission and, where appropriate, the institution_body_office_or_agency which adopted the act the validity or interpretation of which is in dispute, shall be_entitled to submit statements of case or written_observations to the Court). #h4.3.4.5c2#
▷(In the cases governed by Article_267_of_the_Treaty_on_the_Functioning_of_the_European_Union, the decision of the national_court or tribunal shall, moreover, be_notified by the Registrar of the Court to the States, other than the Member_States, which are parties to the Agreement on the European Economic Area and also to the EFTA Surveillance Authority [referred_to] in that_Agreement which may, within two_months of notification, where one of the fields of application of that_Agreement is_concerned, submit statements of case or written_observations to the Court). #h4.3.4.5c3#
▷(Where an_agreement relating to a specific_subject_matter, concluded by the Council and (one or more) non_member States, provides that those_States are to be_entitled to submit statements of case or written_observations where a court or tribunal of a Member_State refers to the Court_of_Justice for a preliminary_ruling a question falling within the scope of the agreement, the decision of the national_court or tribunal containing that question shall also be_notified to the non_member States_concerned).
▷(Within two_months from such_notification, those_States may lodge at the Court statements of case or written_observations).
#h4.3.4.5c4#
The Rules_of_Procedure may provide for an_expedited or accelerated procedure and, for references for a preliminary_ruling relating to the area of freedom_security_and_justice, an_urgent procedure).
#h4.3.4.6c1#
▷(Those_procedures may provide, in respect of the submission of statements of case or written_observations, for a shorter_period than that provided_for by Article_23, and, in derogation from the fourth_paragraph of Article_20, for the case to be_determined without a submission from the Advocate General). #h4.3.4.6c2#
▷(In addition, the urgent_procedure [may provide] ((for restriction of ((the parties and other_interested_persons) (mentioned in Article_23), (authorised to submit statements of case or written_observations))) and, (in (cases of extreme_urgency), (for (the written_stage of the procedure) to be_omitted)))). #h4.3.4.6c3#
▷(The Court_of_Justice [may require] the parties (to [produce] all_documents and to [supply] all_information which the Court considers desirable)).
▷(Formal_note [shall be_taken] of any_refusal).
#h4.3.4.7c1#
▷(The Court [may also require] the Member_States and institutions_bodies_offices_and_agencies not_being parties to the case to supply all_information which the Court considers necessary for the proceedings). #h4.3.4.7c2#
▷(The Court_of_Justice may at any_time entrust any_individual, body, authority, committee or other_organisation it chooses with the task of giving an_expert_opinion). #h4.3.4.8c1#
▷(Witnesses may be_heard under conditions [laid_down] in the Rules_of_Procedure). #h4.3.4.9c1#
▷(With respect to defaulting witnesses the Court_of_Justice [shall have] the powers (generally [granted] (to courts and tribunals)) and may impose pecuniary penalties under conditions [laid_down] in the Rules_of_Procedure). #h4.3.4.10c1#
▷(Witnesses and experts may be_heard on oath taken in the form [laid_down] in the Rules_of_Procedure or in the manner [laid_down] by the law of the country of the witness or expert). #h4.3.4.11c1#
▷(The Court_of_Justice may order that a witness or expert be_heard by the judicial authority of his_place of permanent residence). #h4.3.4.12c1#
▷(The order shall be_sent for implementation to the competent judicial authority under conditions [laid_down] in the Rules_of_Procedure).
▷(The documents drawn_up in [compliance] with the letters rogatory shall be_returned to the Court under the same_conditions).
#h4.3.4.12c2#
▷(The Court shall defray the expenses, without prejudice to the right to charge them, where appropriate, to the parties). #h4.3.4.12c3#
▷(A Member_State [shall treat] any_violation of an_oath by a witness or expert in the same_manner as if the offence [had_been_committed] before (one of its_courts with jurisdiction in civil_proceedings)).
▷(At the instance of the Court_of_Justice, the Member_State_concerned shall prosecute the offender before its_competent court).
#h4.3.4.13c1#
▷(The hearing in court shall be_public, unless the Court_of_Justice, of its_own motion or on application by the parties, [decides] otherwise for serious reasons). #h4.3.4.14c1#
▷(During the hearings the Court_of_Justice [may examine] (the experts, the witnesses and the parties themselves)).
▷(The latter, however, may address the Court_of_Justice only through their_representatives).
#h4.3.4.15c1#
▷(Minutes shall be_made of each_hearing and signed by the President and the Registrar). #h4.3.4.16c1#
▷(The case list shall be_established by the President). #h4.3.4.17c1#
▷(The deliberations of the Court_of_Justice shall be and shall remain secret). #h4.3.4.18c1#
▷(Judgments [shall state] (the reasons (on which{reasons} they{judgments} are_based))).
▷(They{judgments} [shall contain] (the names of the Judges (who{Judges} [took] part in the deliberations))).
#h4.3.4.19c1#
▷(Judgments shall be_signed by the President and the Registrar).
▷(They shall be_read in open_court).
#h4.3.4.20c1#
▷(The Court_of_Justice shall adjudicate upon costs). #h4.3.4.21c1#
▷(The President_of_the_Court_of_Justice) [may, by way of summary_procedure, ((which{sum-procedure} [may, (in_so_far_as necessary), differ] from (some of the rules) contained in this_Statute) and (which{sum-procedure} shall be_laid_down in the Rules_of_Procedure)), adjudicate] upon applications to suspend execution, as [provided_for] in Article_278_of_the_Treaty_on_the_Functioning_of_the_European_Union and Article_157_of_the_EAEC_Treaty, or to prescribe_interim measures pursuant_to Article_279_of_the_Treaty_on_the_Functioning_of_the_European_Union, or to suspend enforcement in_accordance_with the fourth_paragraph of Article_299_of_the_Treaty_on_the_Functioning_of_the_European_Union or the third_paragraph of Article_164_of_the_EAEC_Treaty). #h4.3.4.22c1#
▷(Should the President be_prevented from attending, his_place [shall be_taken] by another_Judge under conditions [laid_down] in the Rules_of_Procedure). #h4.3.4.22c2#
▷(The ruling of the President or of the Judge replacing him [shall be] provisional and shall in no_way prejudice the decision of the Court on the substance of the case). #h4.3.4.22c3#
▷(Member_States and institutions_of_the_Union may intervene in cases before the Court_of_Justice). #h4.3.4.23c1#
▷(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).
▷(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).
#h4.3.4.23c2#
▷(Without prejudice to the second_paragraph, the States, other than the Member_States, which are parties to the Agreement on the European Economic Area, and also the EFTA Surveillance Authority [referred_to] in that_Agreement, may intervene in cases before the Court where one of the fields of application of that_Agreement is_concerned). #h4.3.4.23c3#
▷(An_application to intervene shall be_limited to supporting the form of order sought by one of the parties). #h4.3.4.23c4#
▷((Where the defending_party, after having_been duly summoned, [fails] to file written_submissions in defence), judgment [shall be_given] against that_party by default).
▷(An_objection may be_lodged against the judgment within one_month of it being notified).
▷(The objection shall not_have the effect of staying enforcement of the judgment by default unless the Court_of_Justice decides otherwise).
#h4.3.4.24c1#
▷(Member_States, institutions_bodies_offices_and_agencies_of_the_Union and any_other_natural_or_legal_persons [may, in cases and under conditions to be_determined by the Rules_of_Procedure, institute] third_party proceedings to contest a judgment rendered without their_being heard, where the judgment is_prejudicial to their_rights). #h4.3.4.25c1#
▷((If the (meaning or scope) of a judgment [is] in doubt), (the Court_of_Justice) [shall construe] it (on application by any_party or any_institution_of_the_Union establishing an_interest therein)). #h4.3.4.26c1#
▷(An_application for (revision of a judgment) [may be_made] to the Court_of_Justice only on discovery of a fact which is of such_a_nature as to be a decisive_factor, and (which{fact}, (when the judgment was_given), [was_unknown] ((to the Court) and (to (the party claiming the revision))))). #h4.3.4.27c1#
▷(The revision shall be_opened by a judgment of the Court expressly recording the existence of a new fact, recognising that it is of such_a_character as to lay the case open to revision and declaring the application admissible on this_ground). #h4.3.4.27c2#
▷(No application for revision [may be_made] after the lapse of 10_years from the date of the judgment). #h4.3.4.27c3#
▷(Periods of grace based on considerations of distance shall be_determined by the Rules_of_Procedure). #h4.3.4.28c1#
▷(No right shall be_prejudiced in consequence of the expiry of a time limit if the party_concerned proves the existence of unforeseeable_circumstances or of force majeure). #h4.3.4.28c2#
▷((Proceedings (against the_Union) (in (matters arising from non_contractual_liability))) [shall be_barred] after (a period of five_years) from the occurrence of the event giving_rise thereto).
▷(The period of limitation [shall be_interrupted] if proceedings are instituted before the Court_of_Justice or if prior to such_proceedings an_application is_made by the aggrieved party to the relevant institution_of_the_Union).
▷(In the latter_event the proceedings [must be_instituted] within the period of two_months [provided_for] in Article_263_of_the_Treaty_on_the_Functioning_of_the_European_Union;
the provisions of the second_paragraph of Article_265_of_the_Treaty_on_the_Functioning_of_the_European_Union [shall apply] where appropriate).
#h4.3.4.29c1#
▷(This{265}_Article [shall also apply] to ((proceedings against the European_Central_Bank) ([regarding] non_contractual_liability))). #h4.3.4.29c2#
▷(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). #h4.3.5.1c1#
▷(The fourth_paragraph of Article_3 and Articles 10, 11 and 14 [shall apply] to the Registrar of the General_Court mutatis_mutandis). #h4.3.5.1c2#
▷(The General_Court [shall consist] of 27 Judges). #h4.3.5.2c1#
▷(The Members of the General_Court [may be_called_upon] to perform the task of an_Advocate_General). #h4.3.5.3c1#
▷(It shall be the duty of the Advocate_General, [acting] with complete impartiality and independence, to make, in open_court, reasoned submissions on certain cases brought before the General_Court in_order to assist the General_Court in the performance of its_task). #h4.3.5.3c2#
▷(The criteria for selecting such_cases, as_well_as the procedures for designating the Advocates_General, shall be_laid_down in the Rules_of_Procedure of the General_Court). #h4.3.5.3c3#
▷(A Member [called_upon] to perform the task of Advocate_General in a case may not_take_part in the judgment of the case). #h4.3.5.3c4#
▷(The General_Court shall sit in chambers of three or five_Judges).
▷(The Judges shall elect the Presidents of the chambers from among their_number).
▷(The Presidents of the chambers of five_Judges shall be_elected for three_years).
▷(They may be_re_elected once).
#h4.3.5.4c1#
▷(The composition of the chambers and the assignment of cases to them shall be_governed by the Rules_of_Procedure).
▷((In certain_cases [governed] by the Rules_of_Procedure), the General_Court (([may sit] as a full_court) or ([be_constituted] by a single_Judge))).
#h4.3.5.4c2#
▷(The Rules_of_Procedure may also provide that the General_Court may sit in a Grand_Chamber in cases and under the conditions specified therein). #h4.3.5.4c3#
▷(By way of derogation from the rule [laid_down] in Article_256.1_of_the_Treaty_on_the_Functioning_of_the_European_Union, jurisdiction shall be_reserved to the Court_of_Justice in the actions [referred_to] in Articles_263_and_265_of_the_Treaty_on_the_Functioning_of_the_European_Union when they are brought by a Member_State against:
(a) an_act of or failure to act by the European_Parliament or the Council, or by those_institutions acting jointly, except for:
-- decisions taken by the Council under the third_subparagraph of Article_108.2_of_the_Treaty_on_the_Functioning_of_the_European_Union;
-- acts of the Council adopted pursuant_to a Council_regulation concerning measures to protect trade within the meaning of Article_207_of_the_Treaty_on_the_Functioning_of_the_European_Union;
-- acts of the Council by which the Council exercises implementing_powers in_accordance_with the second_paragraph of Article_291_of_the_Treaty_on_the_Functioning_of_the_European_Union;
(b) against an_act of or failure to act by the Commission under the first_paragraph of Article_331_of_the_Treaty_on_the_Functioning_of_the_European_Union).
#h4.3.5.5c1#
▷(Jurisdiction shall also be_reserved to the Court_of_Justice in the actions [referred_to] in the same_Articles when they are brought by an_institution_of_the_Union against an_act of or failure to act by the European_Parliament, the Council, both those_institutions acting jointly, or the Commission, or brought by an_institution_of_the_Union against an_act of or failure to act by the European_Central_Bank). #h4.3.5.5c2#
▷((The President_of_the_Court_of_Justice and the President_of_the_General_Court) [shall determine], by common_accord, the conditions under which officials and other_servants attached to the Court_of_Justice shall render their_services to the General_Court to enable it to function).
▷(Certain officials or other_servants shall be_responsible to the Registrar of the General_Court under the authority of the President_of_the_General_Court).
#h4.3.5.6c1#
▷((The procedure before the General_Court) [shall be_governed] (by Title_III)). #h4.3.5.7c1#
▷(Such_(further and more_detailed_)provisions as may be_necessary shall be_laid_down in its_Rules_of_Procedure).
▷(The Rules_of_Procedure may derogate from the fourth_paragraph of Article_40 and from Article_41 in_order to take_account of the specific_features of litigation in (the field of intellectual_property)).
#h4.3.5.7c2#
▷(NotWithstanding the fourth_paragraph of Article_20, the Advocate_General may make his_reasoned submissions in writing). #h4.3.5.7c3#
▷(Where an_application or other_procedural document addressed to the General_Court is_lodged by mistake with the Registrar of the Court_of_Justice, it shall be_transmitted immediately by that Registrar to the Registrar of the General_Court; likewise, where an_application or other_procedural document addressed to the Court_of_Justice is_lodged by mistake with the Registrar of the General_Court, it shall be_transmitted immediately by that Registrar to the Registrar of the Court_of_Justice). #h4.3.5.8c1#
▷(Where the General_Court finds that it does_not_have_jurisdiction to hear and determine an_action in respect of which the Court_of_Justice has_jurisdiction, it shall refer that action to the Court_of_Justice; likewise, where the Court_of_Justice finds that an_action falls within the jurisdiction of the General_Court, it shall refer that action to the General_Court, whereupon that Court may not_decline jurisdiction). #h4.3.5.8c2#
▷(Where the Court_of_Justice and the General_Court are seised of cases in which the same_relief is_sought, the same_issue of interpretation is_raised or the validity of the same_act is_called in question, the General_Court may, after hearing the parties, stay the proceedings before it until such_time as the Court_of_Justice [has_delivered] judgment or, where the action is_one_brought pursuant_to Article_263_of_the_Treaty_on_the_Functioning_of_the_European_Union, may decline jurisdiction so_as to allow the Court_of_Justice to rule on such_actions).
▷(In the same_circumstances, the Court_of_Justice may also decide to stay the proceedings before it; in that_event, the proceedings before the General_Court shall continue).
#h4.3.5.8c3#
▷(Where a Member_State and an_institution_of_the_Union are challenging the same_act, the General_Court shall decline jurisdiction so that the Court_of_Justice may rule on those_applications). #h4.3.5.8c4#
▷(Final decisions of the General_Court, decisions disposing of the substantive issues in part only or disposing of a procedural issue concerning a plea of lack of competence or inadmissibility, shall be_notified by the Registrar of the General_Court to all_parties as_well_as all_Member_States and the institutions_of_the_Union even if they did_not_intervene in the case before the General_Court). #h4.3.5.9c1#
▷(An_appeal may be_brought before the Court_of_Justice, within two_months of the notification of the decision appealed against, against final decisions of the General_Court and decisions of that_Court disposing of the substantive issues in part only or disposing of a procedural issue concerning a plea of lack of competence or inadmissibility). #h4.3.5.10c1#
▷(Such_an_appeal may be_brought by any_party which has_been_unsuccessful, ((in whole) or (in part)), in its_submissions).
▷(However, interveners other than the Member_States and the institutions_of_the_Union may bring such_an_appeal only where the decision of the General_Court directly [affects] them.
#h4.3.5.10c2#
▷(With the exception of cases relating to disputes between the_Union and its_servants, an_appeal may also be_brought by Member_States and institutions_of_the_Union which did_not_intervene in the proceedings before the General_Court).
▷(Such_Member_States and institutions shall be in the same_position as Member_States or institutions which intervened at first_instance).
#h4.3.5.10c3#
▷(Any_person whose_application to intervene has_been_dismissed by the General_Court may appeal to the Court_of_Justice within two_weeks from the notification of the decision dismissing the application). #h4.3.5.11c1#
▷(The parties to the proceedings may appeal to the Court_of_Justice against any_decision of the General_Court made pursuant_to Article_278 or Article_279 or the fourth_paragraph of Article_299_of_the_Treaty_on_the_Functioning_of_the_European_Union or Article_157 or the third_paragraph of Article_164_of_the_EAEC_Treaty within two_months from their_notification). #h4.3.5.11c2#
▷(The appeal [referred_to] in the first_two_paragraphs of this_Article shall be_heard and determined under the procedure [referred_to] in Article_39). #h4.3.5.11c3#
▷((An_appeal to the Court_of_Justice) [shall be_limited] to points of law).
▷(it [shall lie] on the grounds of (lack of competence of the General_Court), (a breach of procedure before it (which{breach}) adversely [affects] the interests of the appellant) (as_well_as the infringement of Union_law by the General_Court)).
#h4.3.5.12c1#
▷(No_appeal [shall lie] (regarding only ((the amount of the costs) or (the party [ordered] to pay them{costs})))). #h4.3.5.12c2#
▷(Where an_appeal is_brought against a decision of the General_Court, the procedure before the Court_of_Justice [shall consist] of a written_part and an_oral_part).
▷(In accordance_with conditions [laid_down] in the Rules_of_Procedure, the Court_of_Justice, having heard the Advocate_General and the parties, [may dispense] with the oral_procedure).
#h4.3.5.13c1#
▷(Without prejudice to Articles_278_and_279_of_the_Treaty_on_the_Functioning_of_the_European_Union or Article_157_of_the_EAEC_Treaty, an_appeal shall not_have suspensory_effect). #h4.3.5.14c1#
▷(By way of derogation from Article_280_of_the_Treaty_on_the_Functioning_of_the_European_Union, decisions of the General_Court declaring a regulation to be_void shall take effect only as_from the date of expiry of the period [referred_to] in the first_paragraph of Article_56 of this_Statute or, if an_appeal shall have_been_brought within that_period, as_from the date of dismissal of the appeal, without prejudice, however, to the right of a party to apply to the Court_of_Justice, pursuant_to Articles_278_and_279_of_the_Treaty_on_the_Functioning_of_the_European_Union or Article_157_of_the_EAEC_Treaty, for the suspension of the effects of the regulation which has_been_declared void or for the prescription of any_other_interim measure). #h4.3.5.14c2#
▷(If the appeal is_well_founded, the Court_of_Justice shall quash the decision of the General_Court).
▷(It [may (itself) give] final judgment in the matter, where the state of the proceedings so permits, or refer the case back to the General_Court for judgment).
#h4.3.5.15c1#
▷(Where a case is_referred back to the General_Court, that Court shall be_bound by the decision of the Court_of_Justice on points of law). #h4.3.5.15c2#
▷(When an_appeal brought by (a Member_State or an_institution_of_the_Union), which [did_not_intervene] in the proceedings before the General_Court, is_well_founded, (the Court_of_Justice) [may, if it considers this_necessary, state] which of the effects of the decision of the General_Court which has_been_quashed [shall be_considered] as definitive in respect of the parties to the litigation). #h4.3.5.15c3#
▷(In the cases [provided_for] in Article_256.2 and (3) of the Treaty_on_the_Functioning_of_the_European_Union, where the First Advocate_General considers that there_is a serious_risk of the unity_or_consistency_of_Union_law being_affected, (he) may propose that the Court_of_Justice review the decision of the General_Court). #h4.3.5.16c1#
▷(The proposal must be_made within one_month of delivery of the decision by the General_Court).
▷(Within one_month of receiving the proposal made by the First Advocate_General, the Court_of_Justice [shall decide] (whether or not) he_decision should_be_reviewed).
#h4.3.5.16c2#
▷(The Court_of_Justice [shall give] a ruling on the questions which are subject to review by means of an_urgent procedure on the basis of the file forwarded to it by the General_Court). #h4.3.5.16aC1#
▷(Those [referred_to] in Article_23 of this_Statute and, in the cases [provided_for] in Article_256.2 of the EC Treaty, the parties to the proceedings before the General_Court [shall be_entitled] to lodge statements or written_observations with the Court_of_Justice relating to questions which are subject to review within a period prescribed for that purpose). #h4.3.5.16aC2#
▷(The Court_of_Justice) [may decide] (to [open] the oral_procedure) (before giving a ruling). #h4.3.5.16aC3#
In the cases [provided_for] in Article_256.2_of_the_Treaty_on_the_Functioning_of_the_European_Union, without prejudice to Articles_278_and_279_of_the_Treaty_on_the_Functioning_of_the_European_Union, proposals for review and decisions to open the review procedure shall not_have suspensory_effect).
▷(If the Court_of_Justice finds that the decision of the General_Court affects the unity_or_consistency_of_Union_law, it shall refer the case back to the General_Court which shall be_bound by the points of law decided by the Court_of_Justice; the Court_of_Justice may state which of the effects of the decision of the General_Court [are to be_considered] as definitive in respect of the parties to the litigation).
▷(If, however, having regard to the result of the review, the outcome of the proceedings flows from the findings of fact on which the decision of the General_Court was_based, the Court_of_Justice [shall give] final judgment).
#h4.3.5.16bC1#
▷(In the cases [provided_for] in Article_256.3_of_the_Treaty_on_the_Functioning_of_the_European_Union, in the absence of proposals for review or decisions to open the review procedure, the answer(s) given by the General_Court to the questions submitted to it shall take effect upon expiry of the periods prescribed for that purpose in the second_paragraph of Article_62).
▷((Should a review_procedure be_opened), the answer(s) subject to review shall take effect following that procedure, unless the Court_of_Justice decides otherwise).
▷((If (the Court_of_Justice) [finds] (that the decision of the General_Court affects the unity_or_consistency_of_Union_law)), (the answer [given] by the Court_of_Justice to the questions subject to review) [shall be_substituted] for that ([given] by the General_Court)).
#h4.3.5.16bC2#
The provisions relating to the jurisdiction, composition, organisation and procedure of the judicial panels established under Article_257_of_the_Treaty_on_the_Functioning_of_the_European_Union are [set_out] in an_Annex to this_Statute).
#h4.3.5a.1C1#
▷(The Rules_of_Procedure of the Court_of_Justice and of the General_Court [shall contain] any_provisions necessary for [applying and, (where required), supplementing] this_Statute). #h4.3.6.1c1#
▷(The rules governing the language_arrangements applicable at the Court_of_Justice_of_the_European_Union shall be_laid_down by a regulation of the Council [acting] unanimously).
▷(This_regulation shall be_adopted either at the request of the Court_of_Justice and after consultation of the Commission and the European_Parliament, or on a proposal_from_the_Commission and after consultation of the Court_of_Justice and of the European_Parliament).
#h4.3.6.2c1#
▷(Until those_rules have_been_adopted, the provisions of the Rules_of_Procedure of the Court_of_Justice and of the Rules_of_Procedure of the General_Court governing language arrangements shall continue_to_apply).
▷(By way of derogation from Articles_253_and_254_of_the_Treaty_on_the_Functioning_of_the_European_Union, those_provisions may only be_amended or repealed with the unanimous consent of the Council).
#h4.3.6.2c2#
▷{*} Article inserted by Decision 2008/79/EC, Euratom (OJ L 24, 29.1.2008, p). 42). #h4.3.6.2c3#
▷(The European_Union Civil Service Tribunal (hereafter "the Civil Service Tribunal") shall exercise at first_instance jurisdiction in disputes between the_Union and its_servants [referred_to] in Article_270_of_the_Treaty_on_the_Functioning_of_the_European_Union, including disputes between all_bodies or agencies and their_servants in respect of which jurisdiction is_conferred on the Court_of_Justice_of_the_European_Union). #h4.3.7.1c1#
▷(The Civil_Service_Tribunal [shall consist] (of seven_judges)).
▷(Should the Court_of_Justice so request, the Council, [acting] by a qualified_majority, may increase the number of judges).
#h4.3.7.2c1#
▷(The judges shall be_appointed for a period of six_years).
▷(Retiring_judges may be_reappointed).
#h4.3.7.2c2#
▷(Any_vacancy shall be_filled by the appointment of a new judge for a period of six_years). #h4.3.7.2c3#
1. ▷(The judges shall be_appointed by the Council, [acting] in_accordance_with the fourth_paragraph of Article_257_of_the_Treaty_on_the_Functioning_of_the_European_Union, after consulting the committee provided_for by this_Article).
▷(When appointing judges, the Council shall ensure a balanced_composition of the Civil_Service_Tribunal on as broad a geographical basis as possible from among nationals of the Member_States and with_respect_to the national legal_systems represented).
#h4.3.7.3c1#
2. ▷(Any_person who [is] a Union_citizen and fulfils the conditions [laid_down] in the fourth_paragraph of Article_257_of_the_Treaty_on_the_Functioning_of_the_European_Union may submit an_application).
▷(The Council, [acting] on a recommendation from the Court_of_Justice, shall determine the conditions and the arrangements governing (the (submission and processing) of such_applications)).
#h4.3.7.3c2#
3. ▷(A committee shall be_set_up comprising seven_persons chosen from among former_members of the Court_of_Justice and the General_Court and lawyers of recognised_competence).
▷(The committee's_(membership and operating)_rules [shall be_determined] by the Council, ([acting] on a recommendation by the President_of_the_Court_of_Justice)).
#h4.3.7.3c3#
4. ▷(The committee [shall give] an_opinion on candidates'_suitability to perform the duties of judge at the Civil_Service_Tribunal).
▷(The committee shall append to its_opinion a list of candidates having the most_suitable_high_level_experience).
▷(Such_list [shall contain] the names of (at least) twice as many_candidates as there_are judges to be_appointed by the Council).
#h4.3.7.3c4#
1. ▷(The judges [shall elect] the President_of_the_Civil_Service_Tribunal from among their_number for a term of three_years).
▷(He may be_re_elected).
#h4.3.7.4c1#
2. ▷(The Civil_Service_Tribunal shall sit in chambers of three_judges).
▷(It may, in certain cases determined by its_rules of procedure, sit in full_court or in a chamber of five_judges or of a single judge).
#h4.3.7.4c2#
3. ▷(The President_of_the_Civil_Service_Tribunal shall preside over the full_court and the chamber of five_judges).
▷(The Presidents of the chambers of three_judges shall be_designated as provided in paragraph_1. If the President_of_the_Civil_Service_Tribunal is_assigned to a chamber of three_judges, (he) shall preside over that chamber).
#h4.3.7.4c3#
4. ▷(The jurisdiction of and quorum for the full_court as_well_as the composition of the chambers and the assignment of cases to them shall be_governed by the rules of procedure). #h4.3.7.4c4#
▷(Articles 2 to 6, 14, 15, the first, second_and fifth paragraphs of Article_17, and Article_18_of_the_Statute_of_the_Court_of_Justice_of_the_European_Union [shall apply] to the Civil_Service_Tribunal and its_members). #h4.3.7.5c1#
▷(The oath [referred_to] in Article_2_of_the_Statute shall be_taken before the Court_of_Justice, and the decisions [referred_to] in Articles 3, 4 and 6 thereof shall be_adopted by the Court_of_Justice after consulting the Civil_Service_Tribunal). #h4.3.7.5c2#
1. ▷(The Civil_Service_Tribunal shall be_supported by the departments of the Court_of_Justice and of the General_Court).
▷(The President_of_the_Court_of_Justice or, in appropriate_cases, the President_of_the_General_Court, shall determine by common_accord with the President_of_the_Civil_Service_Tribunal the conditions under which officials and other_servants attached to the Court_of_Justice or the General_Court [shall render] their_services to the Civil_Service_Tribunal to ([enable] it to function)).
▷(Certain officials or other_servants shall be_responsible to the Registrar of the Civil_Service_Tribunal under the authority of the President of that_Tribunal).
#h4.3.7.6c1#
2. ▷(The Civil_Service_Tribunal [shall appoint] its_Registrar and lay_down the rules governing his_service).
▷(The fourth_paragraph of Article_3 and Articles 10, 11 and 14 of the Statute_of_the_Court_of_Justice_of_the_European_Union [shall apply] to the Registrar of the Tribunal).
#h4.3.7.6c2#
1. ▷(The procedure before the Civil_Service_Tribunal shall be_governed by Title_III of the Statute_of_the_Court_of_Justice_of_the_European_Union, with the exception of Articles 22 and 23. Such_further and more_detailed_provisions as may be_necessary shall be_laid_down in the rules of procedure). #h4.3.7.7c1#
2. ▷(The provisions concerning the General_Court's_language arrangements [shall apply] to the Civil_Service_Tribunal). #h4.3.7.7c2#
3. ▷(The written_stage of the procedure shall comprise the presentation of the application and of the statement of defence, unless the Civil_Service_Tribunal decides that a second_exchange of written_pleadings is_necessary).
▷(Where there_is such_second_exchange, the Civil_Service_Tribunal may, with the agreement of the parties, decide (to proceed to judgment without an_oral_procedure)).
#h4.3.7.7c3#
4. ▷(At all_stages of the procedure, including the time when the application is_filed, the Civil_Service_Tribunal may examine the possibilities of an_amicable settlement of the dispute and [may try] to facilitate such_settlement). #h4.3.7.7c4#
5. ▷(The Civil_Service_Tribunal shall rule on the costs of a case).
▷(Subject to the specific_provisions of the Rules_of_Procedure, the unsuccessful party shall be_ordered to pay the costs should the court so decide).
#h4.3.7.7c5#
1. ▷(Where an_application or other_procedural document addressed to the Civil_Service_Tribunal is_lodged by mistake with the Registrar of the Court_of_Justice or General Court, it shall be_transmitted immediately by that Registrar to the Registrar of the Civil_Service_Tribunal).
▷(Likewise, where an_application or other_procedural document addressed to the Court_of_Justice or to the General_Court is_lodged by mistake with the Registrar of the Civil_Service_Tribunal, it shall be_transmitted immediately by that Registrar to the Registrar of the Court_of_Justice or General Court).
#h4.3.7.8c1#
2. ▷(Where the Civil_Service_Tribunal finds that it does_not_have_jurisdiction to hear and determine an_action in respect of which the Court_of_Justice or the General_Court has_jurisdiction, it shall refer that action to the Court_of_Justice or to the General_Court).
▷(Likewise, where the Court_of_Justice or the General_Court finds that an_action falls within the jurisdiction of the Civil_Service_Tribunal, the Court seised shall refer that action to the Civil_Service_Tribunal, whereupon that Tribunal may not_decline jurisdiction).
#h4.3.7.8c2#
3. ▷(Where the Civil_Service_Tribunal and the General_Court are seised of cases in which the same_issue of interpretation is_raised or the validity of the same_act is_called in question, the Civil_Service_Tribunal, after hearing the parties, may stay the proceedings until the judgment of the General_Court has_been_delivered).
▷(Where the Civil_Service_Tribunal and the General_Court are seised of cases in which the same_relief is_sought, the Civil_Service_Tribunal shall decline jurisdiction so that the General_Court may act on those_cases).
#h4.3.7.8c3#
▷(An_appeal may be_brought before the General_Court, within two_months of notification of the decision appealed against, against final decisions of the Civil_Service_Tribunal and decisions of that_Tribunal disposing of the substantive issues in part only or disposing of a procedural issue concerning a plea of lack of jurisdiction or inadmissibility). #h4.3.7.9c1#
▷(Such_an_appeal may be_brought by any_party which has_been_unsuccessful, ((in whole) or (in part)), in its_submissions).
▷(However, interveners other than the Member_States and the institutions_of_the_Union may bring such_an_appeal only where the decision of the Civil_Service_Tribunal directly affects them.
#h4.3.7.9c2#
1. ▷(Any_person whose_application to intervene has_been_dismissed by the Civil_Service_Tribunal may appeal to the General_Court within two_weeks of notification of the decision dismissing the application). #h4.3.7.10c1#
2. ▷(The parties to the proceedings may appeal to the General_Court against any_decision of the Civil_Service_Tribunal made pursuant_to Article_278 or Article_279 or the fourth_paragraph of Article_299_of_the_Treaty_on_the_Functioning_of_the_European_Union or Article_157 or the third_paragraph of Article_164_of_the_EAEC_Treaty within two_months of its_notification). #h4.3.7.10c2#
3. ▷(The President_of_the_General_Court) [may, (by way of summary_procedure, which [may, in_so_far_as necessary, differ] from (some of the rules) contained in this_Annex and which shall be_laid_down in the rules of procedure of the General_Court), adjudicate] (upon appeals [brought] in_accordance_with paragraphs 1 and 2). #h4.3.7.10c3#
1. ▷(An_appeal to the General_Court shall be_limited to points of law).
▷(It shall lie on the grounds of lack of jurisdiction of the Civil_Service_Tribunal, a breach of procedure before it which adversely affects the interests of the appellant, as_well_as the infringement of Union_law by the Tribunal).
#h4.3.7.11c1#
2. ▷(No_appeal [shall lie] regarding only ((the amount of the costs) or (the party ordered to pay them)). #h4.3.7.11c2#
1. ▷(Without prejudice to Articles_278_and_279_of_the_Treaty_on_the_Functioning_of_the_European_Union or Article_157_of_the_EAEC_Treaty, an_appeal before the General_Court shall not_have suspensory_effect). #h4.3.7.12c1#
2. ▷((Where an_appeal is_brought against a decision of the Civil_Service_Tribunal), the procedure (before the General_Court) [shall consist] (of a written_part and an_oral_part)).
▷(In accordance_with conditions [laid_down] in the rules of procedure, the General_Court, having heard the parties, may dispense with the oral_procedure).
#h4.3.7.12c2#
1. ▷(If the appeal is_well_founded, the General_Court shall quash the decision of the Civil_Service_Tribunal and (itself) [give] judgment in the matter).
▷(It shall refer the case back to the Civil_Service_Tribunal for judgment where the state of the proceedings does_not_permit a decision by the Court).
#h4.3.7.13c1#
2. ▷(Where a case is_referred back to the Civil_Service_Tribunal, the Tribunal shall be_bound by the decision of the General_Court on points of law). #h4.3.7.13c2#
▷(THE HIGH_CONTRACTING_PARTIES,
DESIRING to lay_down the Statute_of_the_European_System_of_Central_Banks and of the European_Central_Bank [provided_for] in the second_paragraph of Article_129_of_the_Treaty_on_the_Functioning_of_the_European_Union,
HAVE_AGREED upon the following_provisions, which shall be_annexed to the Treaty_on_the_European_Union and to the Treaty_on_the_Functioning_of_the_European_Union:
#h4.4c1#
▷(In accordance_with Article_282.1_of_the_Treaty_on_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{MS} currency [is] the euro) [shall constitute] (the Eurosystem).
#h4.4.1.1c1#
▷((The ESCB and the ECB) ([shall perform] their_tasks and [carry_on] their_activities) (in_accordance_with the provisions of the_Treaties and of this_Statute)). #h4.4.1.1c2#
▷(In accordance_with Article_127.1 and Article_282.2_of_the_Treaty_on_the_Functioning_of_the_European_Union, the primary objective of the ESCB shall be to maintain price_stability).
▷(Without prejudice to the objective of price_stability, it [shall support] the general_economic_policies in the_Union with a view to contributing to the achievement of the objectives_of_the_Union as [laid_down] in Article_3_of_the_Treaty_on_the_European_Union).
▷(The ESCB [shall act] in_accordance_with the principle_of_an_open_market_economy_with_free_competition, favouring an_efficient_allocation_of_resources, and in [compliance] with the principles [set_out] in Article_119_of_the_Treaty_on_the_Functioning_of_the_European_Union).
#h4.4.2.1c1#
3.1. ▷(In accordance_with Article_127.2_of_the_Treaty_on_the_Functioning_of_the_European_Union, the basic tasks to be_carried_out through the ESCB shall be:
-- to define and implement the monetary_policy_of_the_Union;
-- to conduct foreign_exchange_operations consistent with the provisions of Article_219 of that_Treaty;
-- to hold and manage the official foreign_reserves of the Member_States;
-- to [promote] the smooth operation of payment_systems).
#h4.4.2.2c1#
3.2. ▷(In accordance_with Article_127.3_of_the_Treaty_on_the_Functioning_of_the_European_Union, the third_indent of Article_3.1 [shall be] without prejudice to the holding and management by the governments of Member_States of foreign_exchange_working_balances). #h4.4.2.2c2#
3.3. ▷(In accordance_with Article_127.5_of_the_Treaty_on_the_Functioning_of_the_European_Union, the ESCB shall contribute to the smooth conduct of policies pursued by the competent_authorities relating to the prudential_supervision of credit_institutions and the stability of the financial_system). #h4.4.2.2c3#
▷(In accordance_with Article_127.4_of_the_Treaty_on_the_Functioning_of_the_European_Union:
(a) (the ECB shall be_consulted:
-- on any_proposed_Union_act in its_fields of competence;
-- by national_authorities regarding any_draft_legislative_provision in its_fields of competence, but within the limits and under the conditions set_out by the Council in_accordance_with the procedure [laid_down] in Article_41);
(b) (the ECB [may submit] opinions to the_Union_institutions_bodies_offices_or_agencies or to national_authorities on matters in its_fields of competence)).
#h4.4.2.3c1#
5.1. ▷(In_order to undertake the tasks of the ESCB, the ECB, assisted by the national_central_banks, shall collect the necessary_statistical information either from the competent national_authorities or directly from economic agents).
▷(For these purposes it shall cooperate with the_Union_institutions_bodies_offices_or_agencies and with the competent_authorities of the Member_States or third_countries and with international_organisations).
#h4.4.2.4c1#
5.2. ▷(The national_central_banks shall carry_out, to the extent possible, the tasks described in Article_5.1). #h4.4.2.4c2#
5.3. ▷(The ECB shall contribute to the harmonisation, where necessary, of the rules and practices governing the collection, compilation and distribution of statistics in the areas within its_fields of competence). #h4.4.2.4c3#
5.4. ▷(The Council, in_accordance_with the procedure [laid_down] in Article_41, [shall define] the natural_and_legal_persons subject to reporting requirements, the confidentiality regime and the appropriate_provisions for enforcement). #h4.4.2.4c4#
6.1. ▷((In the field of international_cooperation involving the tasks entrusted to the ESCB), the ECB [shall decide] (how the ESCB shall be_represented)). #h4.4.2.5c1#
6.2. ▷(The ECB and, subject to its_approval, the national_central_banks may participate in international monetary institutions). #h4.4.2.5c2#
6.3. ▷(Articles 6.1 and 6.2 shall be without prejudice to Article_138_of_the_Treaty_on_the_Functioning_of_the_European_Union). #h4.4.2.5c3#
▷(In accordance_with Article_130_of_the_Treaty_on_the_Functioning_of_the_European_Union, when exercising the powers and carrying_out the tasks and duties conferred upon them by the_Treaties and this_Statute, neither the ECB, nor a national_central_bank, nor any_member of their_decision_making_bodies shall seek or take instructions from Union institutions_bodies_offices_or_agencies, from any_government of a Member_State or from any_other_body).
▷(The_Union institutions_bodies_offices_or_agencies and the governments_of_the_Member_States) [undertake] to respect this_principle and not to seek to influence the members of the decision_making_bodies of the ECB or of the national_central_banks in the performance of their_tasks).
#h4.4.3.1c1#
▷(The ESCB shall be_governed by the decision_making_bodies of the ECB). #h4.4.3.2c1#
9.1. ▷(The ECB which, in_accordance_with Article_282.3_of_the_Treaty_on_the_Functioning_of_the_European_Union, [shall have] legal_personality), [shall enjoy] in each_of_the_Member_States the most_extensive_legal_capacity accorded to legal_persons under its_law; it may, in particular, acquire or dispose of movable_and_immovable_property and may be a party to legal_proceedings). #h4.4.3.3c1#
9.2. ▷(The ECB shall ensure that the tasks conferred upon the ESCB under Article_127.2, (3) and (5) of the Treaty_on_the_Functioning_of_the_European_Union are implemented either by its_own activities pursuant_to this_Statute or through the national_central_banks pursuant_to Articles 12.1 and 14). #h4.4.3.3c2#
9.3. ▷(In accordance_with Article_129.1_of_the_Treaty_on_the_Functioning_of_the_European_Union, the decision making bodies of the ECB shall be the Governing_Council and the Executive_Board). #h4.4.3.3c3#
10.1. ▷(In accordance_with Article_283.1_of_the_Treaty_on_the_Functioning_of_the_European_Union, the Governing_Council shall comprise the members of the Executive_Board_of_the_ECB and the governors of the national_central_banks of the Member_States ((whose{MS} currency [is] the euro). #h4.4.3.4c1#
10.2. ▷(Each_member of the Governing_Council [shall have] one_vote).
▷(As_from the date on which the number of members of the Governing_Council exceeds 21, each_member of the Executive_Board [shall have] one_vote and the number of governors with a voting right shall be_15. The latter voting rights shall be_assigned and shall rotate as follows:
-- as_from the date on which the number of governors exceeds 15, until it reaches 22, the governors shall be_allocated to two_groups, according_to a ranking of the size of the share of their_national_central_bank's_Member_State in the aggregate_gross_domestic_product at market_prices and in the total aggregated balance sheet of the monetary financial_institutions of the Member_States ((whose{MS} currency [is] the euro).
▷(The shares in the aggregate_gross_domestic_product at market_prices and in the total aggregated balance sheet of the monetary financial_institutions [shall be_assigned] weights of 5/6 and 1/6, respectively).
▷(The first_group shall be_composed of five_governors and the second_group of the remaining governors).
▷(The frequency of voting rights of the governors allocated to the first_group shall not_be_lower than the frequency of voting rights of those of the second_group).
▷(Subject to the previous_sentence, the first_group shall be_assigned four voting rights and the second_group eleven voting rights,
-- as_from the date on which the number of governors reaches 22, the governors shall be_allocated to three_groups according_to a ranking based on the above_criteria).
▷(The first_group shall be_composed of five_governors and shall be_assigned four voting rights).
▷(The second_group shall be_composed of half of the total number of governors, with any_fraction rounded up to the nearest_integer, and shall be_assigned eight voting rights).
▷(The third_group shall be_composed of the remaining governors and shall be_assigned three_voting rights,
-- within each_group, the governors [shall have] their_voting rights for equal amounts of time,
-- for the calculation of the shares in the aggregate_gross_domestic_product at market_prices Article_29.2 [shall apply].
▷(The total aggregated balance sheet of the monetary financial_institutions shall be_calculated in_accordance_with the statistical framework applying in the_Union at the time of the calculation,
-- whenever the aggregate_gross_domestic_product at market_prices is_adjusted in_accordance_with Article_29.3, or whenever the number of governors increases, the size and (/ or) composition of the groups shall be_adjusted in_accordance_with the above_principles,
-- the Governing_Council, [acting] by a two_thirds majority of all_its_members, with and without a voting right, shall take all_measures necessary for the implementation of the above_principles and may decide to [postpone] (the start of the rotation_system) until the date on which the number of governors exceeds 18).
▷(The right to vote [shall be_exercised] in person).
▷((By way of derogation from this_rule), (the Rules_of_Procedure [referred_to] in Article_12.3) [may lay_down] (that (members of the Governing_Council) [may cast] their_vote (by means of teleconferencing))).
▷(These_rules shall also provide that a member of the Governing_Council who is_prevented from attending meetings of the Governing_Council for a prolonged_period may appoint an_alternate as a member of the Governing_Council).
▷(The provisions of the previous_paragraphs are without prejudice to the voting rights of all_members of the Governing_Council, with and without a voting right, under Articles 10.3, 40.2 and 40.3).
▷(Save as otherwise [provided_for] in this_Statute), (the Governing_Council) [shall act] by a simple_majority of the members having a voting right).
▷(In the event of a tie, the President [shall have] the casting vote).
▷(In_order for the Governing_Council to vote, there_shall be a quorum of two thirds of the members having a voting right).
▷(If the quorum is_not_met, the President may convene an_extraordinary meeting at which decisions may be_taken without regard to the quorum).
#h4.4.3.4c2#
10.3. ▷(For any_decisions to be_taken under Articles 28, 29, 30, 32 and 33, the votes in the Governing_Council [shall be_weighted] according_to the national_central_banks'_shares in (the subscribed_capital of the ECB).
▷((The weights of (the votes of (the members of the Executive_Board))) [shall be] zero).
▷(A decision requiring a qualified_majority shall be_adopted if the votes cast in favour represent (at least) two_thirds of the subscribed capital of the ECB and represent (at least) half of the shareholders).
▷((If (a Governor) [is_unable_to_be_present]), he{Governor} [may nominate] (an_alternate) (to cast his{Governor}_weighted_vote)).
#h4.4.3.4c3#
10.4. ▷(The proceedings of the meetings [shall be] confidential).
▷(The Governing_Council may decide to make the outcome of its_deliberations public).
#h4.4.3.4c4#
10.5. ▷(The Governing_Council shall meet (at least) 10 times a year). #h4.4.3.4c5#
11.1. ▷(In accordance_with the first_subparagraph of Article_283.2_of_the_Treaty_on_the_Functioning_of_the_European_Union, the Executive_Board shall comprise the President, the Vice_President and four other_members).
▷(The members [shall perform] their_duties on a full_time basis).
▷(No member shall engage in any_occupation, whether gainful or not, unless exemption is_exceptionally granted by the Governing_Council).
#h4.4.3.5c1#
11.2. ▷(In accordance_with the second_subparagraph of Article_283.2_of_the_Treaty_on_the_Functioning_of_the_European_Union, the President, the Vice_President and the other_members of the Executive_Board 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, on a recommendation from the Council after it [has_consulted] the European_Parliament and the Governing_Council).
▷(Their_term_of_office shall be_eight years and shall not_be_renewable).
▷(Only nationals of Member_States may be_members of the Executive_Board).
#h4.4.3.5c2#
11.3. ▷(The terms and conditions_of_employment) of the members of the Executive_Board, (in particular) their_salaries, pensions and other_social_security benefits [shall be] the subject of contracts with the ECB and shall be_fixed by the Governing_Council on a proposal from a Committee comprising three_members appointed by the Governing_Council and three_members appointed by the Council).
▷(The members of the Executive_Board shall not_have the right to vote on matters [referred_to] in this_paragraph).
#h4.4.3.5c3#
11.4. ▷(If a member of the Executive_Board no_longer fulfils the conditions required for the performance of his_duties or if (he) has_been_guilty of serious misconduct, the Court_of_Justice may, on application by the Governing_Council or the Executive_Board, compulsorily retire him). #h4.4.3.5c4#
11.5. ▷(Each_member of the Executive_Board present in person [shall have] the right to vote and shall have, for that purpose, one_vote).
▷(Save as otherwise provided), the Executive_Board [shall act] by a simple_majority_of_the_votes_cast).
▷(In the event of a tie, the President [shall have] the casting vote).
▷(The voting arrangements shall be_specified in the Rules_of_Procedure [referred_to] in Article_12.3).
#h4.4.3.5c5#
11.6. ▷(The Executive_Board shall be_responsible for the current business of the ECB). #h4.4.3.5c6#
11.7. ▷(Any_vacancy on the Executive_Board shall be_filled by the appointment of a new member in_accordance_with Article_11.2). #h4.4.3.5c7#
12.1. ▷(The Governing_Council [shall adopt] the guidelines and take the decisions necessary to ensure the performance of the tasks entrusted to the ESCB under these Treaties and this_Statute).
▷(The Governing_Council [shall formulate] the monetary_policy_of_the_Union including, as appropriate, decisions relating to intermediate monetary objectives, key_interest_rates and the supply_of_reserves in the ESCB, and shall establish the necessary_guidelines for their_implementation).
▷(The Executive_Board shall implement monetary_policy in_accordance_with the guidelines and decisions [laid_down] by the Governing_Council).
▷(In doing so the Executive_Board shall give the necessary_instructions to national_central_banks).
▷(In addition the Executive_Board may have certain powers delegated to it where the Governing_Council so decides).
▷(To the extent deemed possible and appropriate and without prejudice to the provisions of this_Article, the ECB [shall have] recourse to the national_central_banks to carry_out operations which form part of the tasks of the ESCB).
#h4.4.3.6c1#
12.2. ▷(The Executive_Board [shall have] responsibility for the preparation of meetings of the Governing_Council). #h4.4.3.6c2#
12.3. ▷(The Governing_Council [shall adopt] Rules_of_Procedure which determine the internal organisation of the ECB and its_decision_making_bodies). #h4.4.3.6c3#
12.4. ▷(The Governing_Council shall exercise the advisory_functions [referred_to] in Article_4). #h4.4.3.6c4#
12.5. ▷(The Governing_Council shall take the decisions [referred_to] in Article_6). #h4.4.3.6c5#
13.1. ▷(The President or, in his_absence, the Vice_President shall chair the Governing_Council and the Executive_Board_of_the_ECB). #h4.4.3.7c1#
13.2. ▷(Without prejudice to Article_38, the President or his_nominee shall represent the ECB externally). #h4.4.3.7c2#
14.1. ▷(In accordance_with Article_131_of_the_Treaty_on_the_Functioning_of_the_European_Union, each_Member_State shall ensure that its_national_legislation, including the statutes of its_national_central_bank, is_compatible with these Treaties and this_Statute). #h4.4.3.8c1#
14.2. ▷(The statutes of the national_central_banks shall, in particular, provide that the term_of_office of a Governor of a national_central_bank shall be no_less than five_years).
▷(A Governor may be_relieved from office only if (he) no_longer fulfils the conditions required for the performance of his_duties or if (he) has_been_guilty of serious misconduct).
▷(A decision to this_effect may be_referred to the Court_of_Justice by the Governor_concerned or the Governing_Council on grounds of infringement of these Treaties or of any_rule_of_law relating to their_application).
▷(Such_proceedings [shall be_instituted] within two_months of the publication of the decision or of its_notification to the plaintiff or, in the absence thereof, of the day on which it came_to_the_knowledge of the latter, as the case may be).
#h4.4.3.8c2#
14.3. ▷(The national_central_banks are an_integral_part of the ESCB and [shall act] in_accordance_with the guidelines and instructions of the ECB).
▷(The Governing_Council shall take the necessary_steps to ensure compliance with the guidelines and instructions of the ECB, and shall require that any_necessary information be_given to it).
#h4.4.3.8c3#
14.4. ▷(National_central_banks [may perform] functions other than those specified in this_Statute unless the Governing_Council finds, by a majority of two_thirds of the votes cast, that these interfere with the objectives and tasks of the ESCB).
▷(Such_functions (([shall be_performed] on the (responsibility and liability) of national_central_banks) and ([shall not_be_regarded] as being (part of (the functions of the ESCB))))).
#h4.4.3.8c4#
15.1. ▷(The ECB [shall draw_up and publish] reports (on the activities of the ESCB) ((at least) quarterly)). #h4.4.3.9c1#
15.2. ▷(A consolidated financial_statement of the ESCB shall be_published (each_week). #h4.4.3.9c2#
15.3. ▷(In accordance_with Article_284.3_of_the_Treaty_on_the_Functioning_of_the_European_Union, the ECB shall address an_annual_report on the activities of the ESCB and on the monetary_policy of both the previous and the current year to the European_Parliament, the Council and the Commission, and also to the European_Council). #h4.4.3.9c3#
15.4. ▷(The reports and statements [referred_to] in this_Article shall be_made available to interested parties free of charge). #h4.4.3.9c4#
▷(In accordance_with Article_128.1_of_the_Treaty_on_the_Functioning_of_the_European_Union, the Governing_Council [shall have] the exclusive_right to authorise the issue of euro_banknotes within the_Union).
▷(The ECB and the national_central_banks may issue such_notes).
▷(The banknotes issued by the ECB and the national_central_banks shall be the only such_notes to have the status of legal_tender within the_Union).
#h4.4.3.10c1#
▷(The ECB shall respect (as far as possible) existing practices regarding the issue and design of banknotes). #h4.4.3.10c2#
▷(In_order to conduct their_operations, the ECB and the national_central_banks may open accounts for credit_institutions, public_entities and other_market_participants and accept assets, including book entry securities, as collateral). #h4.4.4.1c1#
18.1. ▷((In_order to achieve the objectives_of_the_ESCB and to carry_out its_tasks), (the ECB and the national_central_banks) [may]:
-- ([operate] in the financial_markets ((by (buying and selling) ((outright (spot and forward)) (or under repurchase_agreement))) and (by (lending or borrowing) (claims and marketable_instruments), ((whether in euro or other_currencies), (as_well_as precious_metals)))));
-- ([conduct] credit_operations with credit_institutions and other_market_participants, with lending being_based on adequate collateral)).
#h4.4.4.2c1#
18.2. ▷(The ECB shall establish general_principles for open market and credit operations carried_out by (itself) or the national_central_banks, including for the announcement of conditions under which they stand ready to enter into such_transactions). #h4.4.4.2c2#
19.1. ▷(Subject to Article_2, the ECB may require credit_institutions established in Member_States to hold minimum reserve on accounts with the ECB and national_central_banks in pursuance of monetary_policy objectives).
▷(Regulations concerning the calculation and determination of the required minimum reserves may be_established by the Governing_Council).
▷(In cases of non_compliance the ECB shall be_entitled to levy penalty interest and to [impose] other_sanctions with comparable effect).
#h4.4.4.3c1#
19.2. ▷(For the application of this_Article, the Council [shall, in_accordance_with the procedure [laid_down] in Article_41, define] the basis for minimum reserves and the maximum permissible ratios between those_reserves and their_basis, as_well_as the appropriate_sanctions in cases of non_compliance). #h4.4.4.3c2#
▷(The Governing_Council [may, by a majority of two_thirds of the votes cast, decide] upon the use of such_other_operational_methods of monetary_control as it{GCouncil} [sees] fit, respecting Article_2). #h4.4.4.4c1#
▷(The Council [shall, in_accordance_with the procedure [laid_down] in Article_41, define] the scope of such_methods if they impose obligations on third_parties). #h4.4.4.4c2#
21.1. ▷(In accordance_with Article_123_of_the_Treaty_on_the_Functioning_of_the_European_Union, overdrafts or any_other_type of credit_facility with the ECB or with the national_central_banks in favour of Union institutions_bodies_offices_or_agencies, central_governments, regional, local_or_other_public_authorities, other_bodies_governed_by_public_law, or public_undertakings of Member_States shall be_prohibited, as shall the purchase directly from them by the ECB or national_central_banks of debt_instruments). #h4.4.4.5c1#
21.2. ▷((The ECB and national_central_banks) [may act] as (fiscal_agents for (the entities [referred_to] in Article_21.1))). #h4.4.4.5c2#
21.3. ▷(The provisions of this_Article [shall not_apply] to publicly_owned credit_institutions which, in the context of the supply_of_reserves by central_banks, shall be_given the same_treatment by national_central_banks and the ECB as private credit_institutions). #h4.4.4.5c3#
▷(The ECB and national_central_banks may provide facilities, and the ECB may make regulations, to ensure efficient and sound clearing and payment_systems within the_Union and with other_countries). #h4.4.4.6c1#
▷(The ECB and national_central_banks may:
-- establish relations with central_banks and financial_institutions in other_countries and, where appropriate, with international_organisations;
-- acquire and sell spot and forward all_types of foreign exchange assets and precious metals; the term "foreign exchange asset" shall include securities and all_other_assets in the currency of any_country or units of account and in whatever_form held;
-- hold and manage the assets [referred_to] in this_Article;
-- conduct all_types of banking_transactions in relations with third_countries and international_organisations, including (borrowing and lending)_operations).
#h4.4.4.7c1#
▷(In addition to operations arising from their_tasks, the ECB and national_central_banks may enter into operations for their_administrative purposes or for their_staff). #h4.4.4.8c1#
25.1. ▷(The ECB may offer advice to and be_consulted by the Council, the Commission and the competent_authorities of the Member_States on the scope and implementation of Union_legislation relating to the prudential_supervision of credit_institutions and to the stability of the financial_system). #h4.4.5.1c1#
25.2. ▷(In accordance_with any_regulation of the Council under Article_127.6_of_the_Treaty_on_the_Functioning_of_the_European_Union, the ECB [may perform] specific_tasks concerning policies relating to the prudential_supervision of credit_institutions and other_financial_institutions with the exception of insurance_undertakings). #h4.4.5.1c2#
26.1. ▷((The financial_year of (the ECB and national_central_banks)) (([shall begin] on (the first_day of January)) and ([end] on (the last_day of December)))). #h4.4.6.1c1#
26.2. ▷(The annual accounts of the ECB shall be_drawn_up by the Executive_Board, in_accordance_with the principles established by the Governing_Council).
▷(The accounts [shall be_approved] by the Governing_Council and [shall thereafter be_published].
#h4.4.6.1c2#
26.3. ▷(For (analytical and operational)_purposes, the Executive_Board [shall draw_up] a consolidated_balance_sheet of the ESCB, comprising those_assets and liabilities of the national_central_banks that fall within the ESCB). #h4.4.6.1c3#
26.4. ▷(For the application of this_Article, the Governing_Council shall establish the necessary_rules for standardising the accounting and reporting of operations undertaken by the national_central_banks). #h4.4.6.1c4#
27.1. ▷(The accounts of the ECB and national_central_banks shall be_audited by independent external auditors recommended by the Governing_Council and approved by the Council).
▷(The auditors [shall have] full_power to examine all_books and accounts of the ECB and national_central_banks and obtain full information about their_transactions).
#h4.4.6.2c1#
27.2. ▷(The provisions of Article_287_of_the_Treaty_on_the_Functioning_of_the_European_Union shall only apply to an_examination of the operational efficiency of the management of the ECB). #h4.4.6.2c2#
28.1. ▷(The capital of the ECB shall be_euro 5000 million).
▷(The capital may be_increased by such_amounts as may be_decided by the Governing_Council [acting] by the qualified_majority [provided_for] in Article_10.3, within the limits and under the conditions set by the Council under the procedure [laid_down] in Article_41).
#h4.4.6.3c1#
28.2. ▷(The national_central_banks shall be [the_sole] subscribers to and holders of the capital of the ECB).
▷((The subscription of capital) [shall be] (according_to (the key [established] in_accordance_with Article_29))).
#h4.4.6.3c2#
28.3. ▷(The Governing_Council, [acting] by the qualified_majority [provided_for] in Article_10.3, shall determine the extent to which and the form in which the capital shall be_paid_up). #h4.4.6.3c3#
28.4. ▷(Subject to Article_28.5, the shares of the national_central_banks in the subscribed capital of the ECB may not_be_transferred, pledged or attached). #h4.4.6.3c4#
28.5. ▷(If (the key [referred_to] in Article_29) is_adjusted, the national_central_banks shall transfer among themselves capital shares to the extent necessary to ensure that the distribution of capital shares corresponds to the adjusted key).
▷(The Governing_Council shall determine the terms and conditions of such_transfers).
#h4.4.6.3c5#
29.1. ▷(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:
-- 50 % of the share of its_respective Member_State in the population_of_the_Union in the penultimate year preceding the establishment of the ESCB;
-- 50 % of the share of its_respective Member_State in the gross_domestic_product at market_prices_of_the_Union as recorded in (the last_five_years preceding the penultimate_year before the establishment of the ESCB).
#h4.4.6.4c1#
▷(The percentages shall be_rounded (up or down) (to the nearest_multiple of 0,0001 percentage_points). #h4.4.6.4c2#
29.2. ▷(The statistical_data to be_used for the application of this_Article shall be_provided by the Commission in_accordance_with the rules adopted by the Council under the procedure [provided_for] in Article_41). #h4.4.6.4c3#
29.3. ▷((The weightings [assigned] to the national_central_banks) [shall be_adjusted] every_five_years after the establishment of the ESCB by_analogy_with the provisions [laid_down] in Article_29.1. The adjusted key [shall apply] with effect from the first_day of the following_year). #h4.4.6.4c4#
29.4. ▷(The Governing_Council shall take all_other_measures necessary for the application of this_Article). #h4.4.6.4c5#
30.1. ▷(Without prejudice to Article_28, the ECB [shall be_provided] by the national_central_banks with foreign_reserve_assets, other than Member_States'_currencies, euro, IMF_reserve_positions and SDRs, up to an_amount equivalent to euro 50000 million).
▷(The Governing_Council shall decide upon the proportion to be_called up by the ECB following its_establishment and the amounts called up at later dates).
▷(The ECB [shall have] the full right to hold and manage the foreign_reserves that are transferred to it and to use them for the purposes [set_out] in this_Statute).
#h4.4.6.5c1#
30.2. ▷(The contributions of each_national_central_bank shall be_fixed in proportion to its_share in the subscribed capital of the ECB). #h4.4.6.5c2#
30.3. ▷(Each_national_central_bank shall be_credited by the ECB with a claim equivalent to its_contribution).
▷(The Governing_Council shall determine the denomination and remuneration of such_claims).
#h4.4.6.5c3#
30.4. ▷((Further calls of foreign_reserve_assets beyond the limit set in Article_30.1) [may be_effected] by the ECB, in_accordance_with Article_30.2, within the limits and under the conditions set by the Council in_accordance_with the procedure [laid_down] in Article_41). #h4.4.6.5c4#
30.5. ▷(The ECB [may] (([hold and manage] IMF_reserve_positions and SDRs) and ([provide] for the pooling of such_assets))). #h4.4.6.5c5#
30.6. ▷(The Governing_Council shall take all_other_measures necessary for the application of this_Article). #h4.4.6.5c6#
31.1. ▷(The national_central_banks shall be_allowed to perform transactions in fulfilment of their_obligations towards international_organisations in_accordance_with Article_23). #h4.4.6.6c1#
31.2. ▷(All_other_operations in foreign_reserve_assets remaining with the national_central_banks after the transfers [referred_to] in Article_30, and Member_States'_transactions with their_foreign_exchange_working_balances [shall, (above a certain limit to be_established within the framework of Article_31.3), be] subject to approval by the ECB in_order to ensure consistency with the exchange_rate and monetary_policies_of_the_Union). #h4.4.6.6c2#
31.3. ▷(The Governing_Council [shall issue] guidelines (with a view to facilitating such_operations)). #h4.4.6.6c3#
32.1. ▷(The income accruing to the national_central_banks in (the performance of the ESCB's_monetary_policy_function) (hereinafter [referred_to] as "monetary income") [shall be_allocated] at the end of each_financial_year in_accordance_with the provisions of this_Article). #h4.4.6.7c1#
32.2. ▷(The amount of each_national_central_bank's_monetary income shall be_equal to its_annual income derived from its_assets held against notes in circulation and deposit liabilities to credit_institutions).
▷(These_assets shall be_earmarked by national_central_banks in_accordance_with guidelines to be_established by the Governing_Council).
#h4.4.6.7c2#
32.3. ▷(If, after the introduction of the euro, the balance sheet structures of the national_central_banks do_not, in the judgment of the Governing_Council, permit the application of Article_32.2, the Governing_Council, [acting] by a qualified_majority, may decide that, by way of derogation from Article_32.2, monetary_income [shall be_measured] according_to an_alternative_method for a period of (not_more than five_years). #h4.4.6.7c3#
32.4. ▷(The amount of each_national_central_bank's_monetary_income [shall be_reduced] by an_amount equivalent to any_interest [paid] by that central_bank on its_deposit liabilities to credit_institutions in_accordance_with Article_19).
▷(The Governing_Council may decide that national_central_banks shall be_indemnified against costs incurred in connection with the issue of banknotes or in exceptional circumstances for specific_losses arising from monetary_policy operations undertaken for the ESCB).
▷(Indemnification shall be in a form deemed appropriate_in the judgment of the Governing_Council; these amounts may be_offset against the national_central_banks'_monetary income).
#h4.4.6.7c4#
32.5. ▷(The sum of the national_central_banks'_monetary income shall be_allocated to the national_central_banks in proportion to their_paid_up shares in the capital of the ECB, subject to any_decision taken by the Governing_Council pursuant_to Article_33.2). #h4.4.6.7c5#
32.6. ▷((The clearing and settlement of the balances arising from the allocation of monetary_income) [shall be_carried_out] (by the ECB) (in_accordance_with guidelines established by the Governing_Council)). #h4.4.6.7c6#
32.7. ▷(The Governing_Council shall take all_other_measures necessary for the application of this_Article). #h4.4.6.7c7#
33.1. ▷(The net_profit of the ECB shall be_transferred in the following_order:
(a) an_amount to be_determined by the Governing_Council, which may not_exceed 20 % of the net_profit, shall be_transferred to the general_reserve fund subject to a limit equal to 100 % of the capital;
(b) the remaining net_profit shall be_distributed to the shareholders of the ECB in proportion to their_paid_up shares).
#h4.4.6.8c1#
33.2. ▷(In the event of a loss incurred by the ECB, the shortfall may be_offset against the general_reserve fund of the ECB and, if necessary, following a decision by the Governing_Council, against the monetary income of the relevant financial_year in proportion and up to the amounts allocated to the national_central_banks in_accordance_with Article_32.5). #h4.4.6.8c2#
34.1. ▷(In accordance_with Article_132_of_the_Treaty_on_the_Functioning_of_the_European_Union, the ECB shall:
-- make regulations to the extent necessary to implement the tasks [defined] in Article_3.1, first_indent, Articles 19.1, 22 or 25.2 and in cases which shall be_laid_down in the acts of the Council [referred_to] in Article_41;
-- take decisions necessary for carrying_out the tasks entrusted to the ESCB under these Treaties and this_Statute;
-- make_recommendations and deliver opinions).
#h4.4.7.1c1#
34.2. ▷(The ECB may decide to publish its_decisions, recommendations and opinions). #h4.4.7.1c2#
34.3. ▷((Within the limits and under the conditions adopted by the Council under the procedure [laid_down] in Article_41), the ECB [shall be_entitled] (to [impose] (fines or periodic_penalty_payments) (on undertakings) (for failure (to [comply] (with obligations) (under its_regulations and decisions))))). #h4.4.7.1c3#
35.1. ▷(The acts or omissions of the ECB shall be_open to review or interpretation by the Court_of_Justice_of_the_European_Union in the cases and under the conditions [laid_down] in the Treaty_on_the_Functioning_of_the_European_Union).
▷(The ECB [may institute] proceedings in the cases and under the conditions [laid_down] in the_Treaties).
#h4.4.7.2c1#
35.2. ▷(Disputes (between the ECB, on the one hand, and its_creditors, debtors or any_other_person, on the other), [shall be_decided] by the competent_national_courts, save where jurisdiction has_been_conferred upon the Court_of_Justice_of_the_European_Union). #h4.4.7.2c2#
35.3. ▷(The ECB [shall be] subject to the liability regime [provided_for] in Article_340_of_the_Treaty_on_the_Functioning_of_the_European_Union).
▷(The national_central_banks shall be_liable according_to their_respective national_laws).
#h4.4.7.2c3#
35.4. ▷(The Court_of_Justice_of_the_European_Union [shall have_jurisdiction] to give judgment pursuant_to any_arbitration_clause contained in a contract concluded by or on behalf of the ECB, whether that contract be_governed by public or private law). #h4.4.7.2c4#
35.5. ▷(A decision of the ECB to bring an_action before the Court_of_Justice_of_the_European_Union shall be_taken by the Governing_Council). #h4.4.7.2c5#
35.6. ▷(The Court_of_Justice_of_the_European_Union [shall have_jurisdiction] in disputes concerning the fulfilment by a national_central_bank of obligations under the_Treaties and this_Statute).
▷(If the ECB considers that a national_central_bank [has_failed] to fulfil an_obligation_under_the_Treaties and this_Statute, it shall deliver a reasoned_opinion on the matter after giving the national_central_bank_concerned the opportunity to submit its_observations).
▷(If the national_central_bank_concerned does_not_comply with the opinion within the period [laid_down] by the ECB, the latter may bring the matter before the Court_of_Justice_of_the_European_Union).
#h4.4.7.2c6#
36.1. ▷(The Governing_Council, on a proposal from the Executive_Board, shall lay_down the conditions_of_employment of the staff of the ECB). #h4.4.7.3c1#
36.2. ▷(The Court_of_Justice_of_the_European_Union [shall have_jurisdiction] in any_dispute between the ECB and its_servants within the limits and under the conditions [laid_down] in the conditions_of_employment). #h4.4.7.3c2#
37.1. ▷(Members of the governing bodies and the staff of the ECB and the national_central_banks shall be_required, even after their_duties have ceased, not to disclose information of the kind covered by the obligation of professional_secrecy). #h4.4.7.4c1#
37.2. ▷(Persons having access to data covered by Union_legislation imposing an_obligation of secrecy [shall be] subject to such_legislation). #h4.4.7.4c2#
▷(The ECB [shall be legally committed] to third_parties by the President or by two_members of the Executive_Board or by the signatures of two_members of the staff of the ECB who have_been_duly authorised by the President to sign on behalf of the ECB). #h4.4.7.5c1#
▷(The ECB 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). #h4.4.7.6c1#
40.1. ▷(In accordance_with Article_129.3_of_the_Treaty_on_the_Functioning_of_the_European_Union, Articles 5.1, 5.2, 5.3, 17, 18, 19.1, 22, 23, 24, 26, 32.2, 32.3, 32.4, 32.6, 33.1.a and 36 of this_Statute may be_amended by the European_Parliament and the Council, [acting] in_accordance_with the ordinary_legislative_procedure either on a recommendation from the ECB and after consulting the Commission, or on a proposal_from_the_Commission and after consulting the ECB). #h4.4.8.1c1#
40.2. ▷(Article_10.2 may be_amended by a decision of the European_Council, [acting] unanimously, either on a recommendation from the European_Central_Bank and after consulting the European_Parliament and the Commission, or on a recommendation from the Commission and after consulting the European_Parliament and the European_Central_Bank).
▷(These_amendments shall not_enter into force until they are approved by the Member_States in_accordance_with their_respective constitutional_requirements).
#h4.4.8.1c2#
40.3. ▷(A recommendation made by the ECB under this_Article shall require a unanimous decision by the Governing_Council). #h4.4.8.1c3#
▷(In accordance_with Article_129.4_of_the_Treaty_on_the_Functioning_of_the_European_Union, the Council, either on a proposal_from_the_Commission and after consulting the European_Parliament and the ECB or on a recommendation from the ECB and after consulting the European_Parliament and the Commission, [shall adopt] the provisions [referred_to] in Articles 4, 5.4, 19.2, 20, 28.1, 29.2, 30.4 and 34.3 of this_Statute). #h4.4.8.2c1#
42.1. ▷(A derogation as [referred_to] in Article_139_of_the_Treaty_on_the_Functioning_of_the_European_Union [shall entail] that the following_Articles of this_Statute shall not_confer any_rights or impose any_obligations on the Member_State_concerned: 3, 6, 9.2, 12.1, 14.3, 16, 18, 19, 20, 22, 23, 26.2, 27, 30, 31, 32, 33, 34, and 49). #h4.4.9.1c1#
42.2. ▷(The central_banks of Member_States_with_a_derogation as specified in Article_139.1_of_the_Treaty_on_the_Functioning_of_the_European_Union shall retain their_powers in the field of monetary_policy according_to national_law). #h4.4.9.1c2#
42.3. ▷(In accordance_with Article_139_of_the_Treaty_on_the_Functioning_of_the_European_Union, "Member_States" shall be_read as "Member_States ((whose{MS} currency [is] the euro) in the following_Articles of this_Statute: 3, 11.2 and 19). #h4.4.9.1c3#
42.4. ▷"National_central_banks" shall be_read as "central_banks of Member_States ((whose{MS} currency [is] the euro) in the following_Articles of this_Statute: 9.2, 10.2, 10.3, 12.1, 16, 17, 18, 22, 23, 27, 30, 31, 32, 33.2 and 49). #h4.4.9.1c4#
42.5. ▷"Shareholders" shall be_read as "central_banks of Member_States ((whose{MS} currency [is] the euro) in Articles 10.3 and 33.1). #h4.4.9.1c5#
42.6. ▷"Subscribed capital of the ECB" shall be_read as "capital of the ECB subscribed by the central_banks of Member_States ((whose{MS} currency [is] the euro) in Articles 10.3 and 30.2). #h4.4.9.1c6#
▷(The ECB shall take over the former_tasks of the EMI [referred_to] in Article_141.2_of_the_Treaty_on_the_Functioning_of_the_European_Union which, because_of the derogations of (one or more)_Member_States, still have to be_performed after the introduction of the euro). #h4.4.9.2c1#
▷(The ECB shall give advice in the preparations for the abrogation of the derogations specified in Article_140_of_the_Treaty_on_the_Functioning_of_the_European_Union). #h4.4.9.2c2#
44.1. ▷((Without prejudice to Article_129.3_of_the_Treaty_on_the_Functioning_of_the_European_Union), the General_Council [shall be_constituted] (as a third_decision_making_body of the ECB)). #h4.4.9.3c1#
44.2. ▷(The General_Council shall comprise the President and Vice_President_of_the_ECB and the Governors of the national_central_banks).
▷(The other_members of the Executive_Board may participate, without having the right to vote, in meetings of the General_Council).
#h4.4.9.3c2#
44.3. ▷(The responsibilities of the General_Council are listed in full in Article_46 of this_Statute). #h4.4.9.3c3#
45.1. ▷(The President or, in his_absence, the Vice_President_of_the_ECB shall chair the General_Council of the ECB). #h4.4.9.4c1#
45.2. ▷(The President_of_the_Council and a Member of the Commission [may participate], without having the right to vote, in meetings of the General_Council). #h4.4.9.4c2#
45.3. ▷(The President shall prepare the meetings of the General_Council). #h4.4.9.4c3#
45.4. ▷(By way of derogation from Article_12.3, the General_Council [shall adopt] its_Rules_of_Procedure). #h4.4.9.4c4#
45.5. ▷(The Secretariat of the General_Council shall be_provided by the ECB). #h4.4.9.4c5#
46.1. ▷(The General_Council shall:
-- perform the tasks [referred_to] in Article_43;
-- contribute to the advisory_functions [referred_to] in Articles 4 and 25.1).
#h4.4.9.5c1#
46.2. ▷(The General_Council shall contribute to:
-- the collection of statistical information as [referred_to] in Article_5;
-- the reporting activities of the ECB as [referred_to] in Article_15;
-- the establishment of the necessary_rules for the application of Article_26 as [referred_to] in Article_26.4;
-- the taking of all_other_measures necessary for the application of Article_29 as [referred_to] in Article_29.4;
-- the laying_down of the conditions_of_employment of the staff of the ECB as [referred_to] in Article_36).
#h4.4.9.5c2#
46.3. ▷(The General_Council shall contribute to the necessary_preparations for irrevocably fixing the exchange_rates of the currencies of Member_States_with_a_derogation against the euro as [referred_to] in Article_140.3_of_the_Treaty_on_the_Functioning_of_the_European_Union). #h4.4.9.5c3#
46.4. ▷(The General_Council shall be_informed by the President_of_the_ECB of decisions of the Governing_Council). #h4.4.9.5c4#
▷((In accordance_with Article_29.1), each_national_central_bank [shall be_assigned] a weighting in (the key for subscription of the ECB's_capital)).
▷(By way of derogation from Article_28.3, central_banks of Member_States_with_a_derogation shall not_pay up their_subscribed capital unless the General_Council, [acting] by a majority representing (at least) two_thirds of the subscribed capital of the ECB and (at least) half of the shareholders, decides (that a minimal_percentage [has_to_be_paid_up] as a contribution to the operational costs of the ECB).
#h4.4.9.6c1#
48.1. ▷(The central_bank of a Member_State whose_derogation has_been_abrogated shall pay up its_subscribed share of the capital of the ECB to the same_extent as the central_banks of other_Member_States without a derogation, and shall transfer to the ECB foreign_reserve_assets in_accordance_with Article_30.1. The sum to be_transferred shall be_determined by multiplying the euro_value at current_exchange_rates of the foreign_reserve_assets which have already been_transferred to the ECB in_accordance_with Article_30.1, by the ratio between the number of shares subscribed by the national_central_bank_concerned and the number of shares already paid_up by the other_national_central_banks). #h4.4.9.7c1#
48.2. ▷(In addition to the payment to be_made in_accordance_with Article_48.1, the central_bank_concerned shall contribute to the reserves of the ECB, to those_provisions equivalent to reserves, and to the amount still to be_appropriated to the reserves and provisions corresponding to the balance of the profit and loss account as at 31_December of the year prior to the abrogation of the derogation).
▷(The sum to be_contributed shall be_determined by multiplying the amount of the reserves, as [defined] (above) and as stated in the approved balance sheet of the ECB, by the ratio between the number of shares subscribed by the central_bank_concerned and the number of shares already paid_up by the other_central_banks).
#h4.4.9.7c2#
48.3. ▷(Upon (one or more)_countries [becoming] Member_States and their{MS}_respective_national_central_banks [becoming] (part of the ESCB), the subscribed_capital of the ECB and the limit on the amount of foreign_reserve_assets that may be_transferred to the ECB [shall be automatically increased]).
▷(The increase [shall be_determined] by multiplying the respective_amounts then prevailing by the ratio, within the expanded capital key, between the weighting of the entering national_central_banks_concerned and the weighting of the national_central_banks already members of the ESCB).
▷((Each_national_central_bank's_weighting in the capital_key) [shall be_calculated] (by_analogy_with Article_29.1) and (in_compliance_with Article_29.2))).
▷((The reference_periods to be_used for the statistical_data) [shall be_identical] (to those{periods} [applied] for (the latest quinquennial_adjustment of (the weightings under Article_29.3)))).
#h4.4.9.7c3#
▷(Following the irrevocable_fixing of exchange_rates in_accordance_with Article_140_of_the_Treaty_on_the_Functioning_of_the_European_Union, the Governing_Council shall take the necessary_measures to ensure that banknotes denominated in currencies with irrevocably fixed exchange_rates [are_exchanged] by the national_central_banks at their_respective par_values). #h4.4.9.8c1#
▷(If and as_long_as there_are Member_States_with_a_derogation, Articles 42 to 47 shall be_applicable). #h4.4.9.9c1#
▷(THE HIGH_CONTRACTING_PARTIES,
DESIRING to lay_down the Statute_of_the_European_Investment_Bank [provided_for] in Article_308_of_the_Treaty_on_the_Functioning_of_the_European_Union,
HAVE_AGREED upon the following_provisions, which shall be_annexed to the Treaty_on_the_European_Union and to the Treaty_on_the_Functioning_of_the_European_Union:
#h4.5c1#
▷(The European_Investment_Bank established by Article_308_of_the_Treaty_on_the_Functioning_of_the_European_Union (hereinafter called the "Bank") [is hereby constituted]; (it [shall perform] its_functions and carry on its_activities in_accordance_with the provisions of the_Treaties and of this_Statute)). #h4.5.1c1#
▷(The task of the Bank [shall be that defined] in Article_309_of_the_Treaty_on_the_Functioning_of_the_European_Union). #h4.5.2c1#
▷(In accordance_with Article_308_of_the_Treaty_on_the_Functioning_of_the_European_Union, the Bank's_members shall be the Member_States). #h4.5.3c1#
1. ▷(The capital of the Bank shall be EUR 164.808.169.000, subscribed by the Member_States as follows:
Germany | 26649532500 |
France | 26649532500 |
Italy | 26649532500 |
United_Kingdom | 26649532500 |
Spain | 15989719500 |
Belgium | 7387065000 |
Netherlands | 7387065000 |
Sweden | 4900585500 |
Denmark | 3740283000 |
Austria | 3666973500 |
Poland | 3411263500 |
Finland | 2106816000 |
Greece | 2003725500 |
Portugal | 1291287000 |
Czech_Republic | 1258785500 |
Hungary | 1190868500 |
Ireland | 935070000 |
Romania | 863514500 |
Slovakia | 428490500 |
Slovenia | 397815000 |
Bulgaria | 290917500 |
Lithuania | 249617500 |
Luxembourg | 187015500 |
Cyprus | 183382000 |
Latvia | 152335000 |
Estonia | 117640000 |
Malta | 69804000 |
▷(The Member_States shall be_liable only up to the amount of their_share of the capital subscribed and not_paid_up).
#h4.5.4c1#
2. ▷(The admission of a new member) [shall entail] an_increase in the subscribed capital corresponding to the capital [brought_in] by the new member). #h4.5.4c2#
3. ▷(The Board_of_Governors may, [acting] unanimously, decide to increase the subscribed capital). #h4.5.4c3#
4. ▷(The share of a member in the subscribed capital may not_be_transferred, pledged or attached). #h4.5.4c4#
1. ▷(The subscribed capital shall be_paid_in by Member_States to the extent of 5 % on average of the amounts [laid_down] in Article_4.1). #h4.5.5c1#
2. ▷(In the event of an_increase in the subscribed capital, the Board_of_Governors, [acting] unanimously, shall fix the percentage to be_paid_up and the arrangements for payment).
▷(Cash payments shall be_made exclusively in euro).
#h4.5.5c2#
3. ▷(The Board_of_Directors may require payment of the balance of the subscribed capital, to such_extent as may be_required for the Bank to meet its_obligations).
▷(Each_Member_State shall make this_payment in proportion to its_share of the subscribed capital).
#h4.5.5c3#
▷(The Bank [shall be_directed and managed] (by a Board_of_Governors, a Board_of_Directors and a Management Committee)). #h4.5.6c1#
1. ▷(The Board_of_Governors shall consist of the ministers designated by the Member_States). #h4.5.7c1#
2. ▷(The Board_of_Governors shall lay_down general_directives for the credit policy of the Bank, in_accordance_with the_Union's_objectives).
▷(The Board_of_Governors shall ensure that these directives are implemented).
#h4.5.7c2#
3. ▷(The Board_of_Governors shall in addition:
(a) decide whether to increase the subscribed capital in_accordance_with Article_4.3 and Article_5.2;
(b) for the purposes of Article_9.1, determine the principles applicable to financing operations undertaken within the framework of the Bank's_task;
(c) exercise the powers provided in Articles 9 and 11 in respect of the appointment and the compulsory_retirement of the members of the Board_of_Directors and of the Management Committee, and those_powers provided in the second_subparagraph of Article_11.1;
(d) take decisions in respect of the granting of finance for investment operations to be_carried_out, ((in whole) or (in part)), outside the territories of the Member_States in_accordance_with Article_16.1;
(e) approve the annual_report of the Board_of_Directors;
(f) approve the annual balance sheet and profit and loss account;
(g) exercise the other_powers and functions conferred by this_Statute;
(h) approve the rules of procedure of the Bank).
#h4.5.7c3#
4. ▷(Within the framework of the Treaty and this_Statute, the Board_of_Governors shall be_competent to take, [acting] unanimously, any_decisions concerning the suspension of the operations of the Bank and, should the event arise, its_liquidation). #h4.5.7c4#
▷(Save as otherwise provided in this_Statute), decisions of the Board_of_Governors [shall be_taken] by a majority of its_members).
▷(This_majority [must represent] ((at least) 50 % of the subscribed_capital)).
#h4.5.8c1#
▷(A qualified_majority shall require eighteen votes in favour and 68 % of the subscribed capital). #h4.5.8c2#
▷(Abstentions by members present in person or represented shall not_prevent the adoption of decisions requiring unanimity). #h4.5.8c3#
1. ▷(The Board_of_Directors [shall take_decisions] in respect of (([granting] finance, (in particular) in (the form of loans and guarantees)), and ([raising] loans)); it{BoD} [shall fix] the interest_rates on loans granted and the commission and other_charges).
▷(It [may, on the basis of a decision taken by a qualified_majority, delegate] (some of its_functions) (to the ).
▷(It shall determine the terms and conditions for such_delegation and shall supervise its_execution).
▷(The Board_of_Directors shall see that the Bank is_properly run; it shall ensure that the Bank [is_managed] in_accordance_with the provisions of the_Treaties and of this_Statute and with the general_directives [laid_down] by the Board_of_Governors).
▷(At the end of the financial_year the Board_of_Directors shall submit a report to the Board_of_Governors and shall publish it when approved).
#h4.5.9c1#
2. ▷(The Board_of_Directors shall consist of twenty_eight directors and eighteen alternate directors).
▷(The directors shall be_appointed by the Board_of_Governors for five_years, one_nominated by each_Member_State, and one_nominated by the Commission).
▷(The alternate directors shall be_appointed by the Board_of_Governors for five_years as shown below:
-- two_alternates nominated by the Federal_Republic_of_Germany,
-- two_alternates nominated by the French_Republic,
-- two_alternates nominated by the Italian_Republic,
-- two_alternates nominated by the United_Kingdom_of_Great_Britain and_Northern_Ireland,
-- one_alternate nominated by common_accord of the Kingdom_of_Spain and the Portuguese_Republic,
-- one_alternate nominated by common_accord of the Kingdom_of_Belgium, the Grand_Duchy_of_Luxembourg and the Kingdom_of_the_Netherlands,
-- two_alternates nominated by common_accord of the Kingdom_of_Denmark, the Hellenic_Republic, Ireland and Romania,
-- two_alternates nominated by common_accord of the Republic_of_Estonia, the Republic_of_Latvia, the Republic_of_Lithuania, the Republic_of_Austria, the Republic_of_Finland and the Kingdom_of_Sweden,
-- three_alternates nominated by common_accord of the Republic_of_Bulgaria, the Czech_Republic, the Republic_of_Cyprus, the Republic_of_Hungary, the Republic_of_Malta, the Republic_of_Poland, the Republic_of_Slovenia and the Slovak_Republic,
-- one_alternate nominated by the Commission).
▷(The Board_of_Directors [shall co_opt] (six_non_voting_experts: three as members and three as alternates)).
▷(The appointments of the directors and the alternates shall be_renewable).
▷(The Rules_of_Procedure [shall lay_down] ((arrangements for participating in (the meetings of the Board_of_Directors)) and (the provisions applicable to (alternates and co_opted experts)))).
▷(((The President_of_the_Management_Committee (or, in his{President}_absence, one of the Vice_Presidents)), [shall preside] over meetings of the Board_of_Directors) (but [shall not_vote])).
▷(Members of the Board_of_Directors shall be_chosen from persons whose_independence and competence are beyond doubt; they shall be_responsible only to the Bank).
#h4.5.9c2#
3. ▷(A director may be_compulsorily_retired by the Board_of_Governors only if (he) no_longer fulfils the conditions required for the performance of his_duties; the Board must act by a qualified_majority).
▷(If the annual_report is_not_approved, the Board_of_Directors shall resign).
#h4.5.9c3#
4. ▷(Any_vacancy arising as a result of death, voluntary resignation, compulsory_retirement or collective resignation shall be_filled in_accordance_with paragraph_2. A_member shall be_replaced for the remainder of his_term_of_office, save where the entire Board_of_Directors is_being replaced). #h4.5.9c4#
5. ▷(The Board_of_Governors [shall determine] the remuneration of members of the Board_of_Directors).
▷(The Board_of_Governors [shall lay_down] what_activities [are] incompatible with the duties of a director or an_alternate).
#h4.5.9c5#
1. ▷(Each_director [shall have] one_vote on the Board_of_Directors).
▷((He{director}) [may delegate] his{director}_vote in all_cases, (according_to procedures to be_laid_down in the Rules_of_Procedure of the Bank)).
#h4.5.10c1#
2. ▷(Save as otherwise provided in this_Statute, decisions of the Board_of_Directors shall be_taken by (at least) one_third_of the members entitled to vote representing (at least) fifty per cent of the subscribed capital).
▷(A qualified_majority shall require eighteen votes in favour and sixty_eight per cent of the subscribed capital).
▷(The rules of procedure of the Bank shall lay_down the quorum required for the decisions of the Board_of_Directors to be_valid).
#h4.5.10c2#
1. ▷(The Management Committee shall consist of a President and eight Vice_Presidents appointed for a period of six_years by the Board_of_Governors on a proposal from the Board_of_Directors).
▷(Their_appointments shall be_renewable).
▷(The Board_of_Governors, [acting] unanimously, may vary the number of members on the Management Committee).
#h4.5.11c1#
2. ▷(On a proposal from the Board_of_Directors adopted by a qualified_majority, the Board_of_Governors may, [acting] in its_turn by a qualified_majority, compulsorily retire a member of the Management Committee). #h4.5.11c2#
3. ▷(The Management Committee shall be_responsible for the current business of the Bank, under the authority of the President and the supervision of the Board_of_Directors).
▷(It shall prepare the decisions of the Board_of_Directors, (in particular) decisions on the raising of loans and the granting of finance, (in particular) in the form of loans and guarantees; it shall ensure that these decisions are implemented).
#h4.5.11c3#
4. ▷(The Management Committee [shall act] by a majority when delivering opinions on proposals for raising loans or granting of finance, (in particular) in the form of loans and guarantees). #h4.5.11c4#
5. ▷(The Board_of_Governors [shall determine] the remuneration of members of the Management Committee and [shall lay_down] what_activities are incompatible with their_duties). #h4.5.11c5#
6. ▷(The President or, if (he) is_prevented, a Vice_President shall represent the Bank in judicial and other_matters). #h4.5.11c6#
7. ▷(The staff of the Bank shall be under the authority of the President).
▷(They [shall be_engaged and discharged] by him).
▷(In the selection of staff, account [shall be_taken] not only of personal_ability and qualifications but also of an_equitable representation of nationals of Member_States).
▷(The Rules_of_Procedure shall determine which organ is_competent to adopt the provisions applicable to staff).
#h4.5.11c7#
8. ▷(The Management Committee and the staff of the Bank shall be_responsible only to the Bank and shall be completely independent in the performance of their_duties). #h4.5.11c8#
1. ▷((A Committee consisting of six_members, appointed on the grounds of their_competence by the Board_of_Governors), [shall verify] (that (the activities of the Bank) [conform] to best_banking_practice and [shall be_responsible] for the auditing of its_accounts)). #h4.5.12c1#
2. ▷(The Committee [referred_to] in paragraph_1 shall annually ascertain that the operations of the Bank have_been_conducted and its_books kept in a proper_manner).
▷(To this_end, it shall verify that the Bank's_operations have_been_carried_out in [compliance] with the formalities and procedures [laid_down] by this_Statute and the Rules_of_Procedure).
#h4.5.12c2#
3. ▷(The Committee [referred_to] in paragraph_1 shall confirm that the financial_statements, as_well_as any_other_financial information contained in the annual accounts drawn_up by the Board_of_Directors, give a true and fair view of the financial position of the Bank in respect of its_assets and liabilities, and of the results of its_operations and its_cash flows for the financial_year under review). #h4.5.12c3#
4. ▷(The Rules_of_Procedure shall specify the qualifications required of the members of the Committee and lay_down the terms and conditions for the Committee's_activity). #h4.5.12c4#
▷(The Bank shall deal with each_Member_State through the authority designated by that State).
▷(In the conduct of financial operations the Bank [shall have] recourse to the national_central_bank of the Member_State_concerned or to other_financial_institutions approved by that State).
#h4.5.13c1#
1. ▷(The Bank [shall cooperate] with all_international_organisations active in (fields similar to its{Bank}_own)). #h4.5.14c1#
2. ▷(The Bank [shall seek] to establish all_appropriate_contacts in the interests of cooperation with (banking and financial)_institutions in the countries to which its_operations extend). #h4.5.14c2#
▷(At the request of a Member_State or of the Commission, or on its_own initiative, the Board_of_Governors [shall, in_accordance_with the same_provisions as governed their_adoption, interpret or supplement] the directives [laid_down] by it under Article_7 of this_Statute). #h4.5.15c1#
1. ▷(Within the framework of the task [set_out] in Article_309_of_the_Treaty_on_the_Functioning_of_the_European_Union, the Bank shall grant finance, (in particular) in the form of loans and guarantees to its_members or to private or public_undertakings for investments to be_carried_out in the territories of Member_States, to the extent that funds are_not_available from other_sources on reasonable_terms).
▷(However, by decision of the Board_of_Governors, [acting] by a qualified_majority on a proposal from the Board_of_Directors, the Bank may grant financing for investment to be_carried_out, ((in whole) or (in part)), outside the territories of Member_States).
#h4.5.16c1#
2. ▷(As far as possible, loans shall be_granted only on condition that other_sources of finance are also used). #h4.5.16c2#
3. ▷((When [granting] a loan to (an_undertaking or to a body other than a Member_State)), the Bank [shall make] the loan conditional either on a guarantee from the Member_State in whose_territory the investment will_be_carried_out or on other_adequate guarantees, or on the financial strength of the debtor).
▷(Furthermore, in_accordance_with the principles established by the Board_of_Governors pursuant_to Article_7.3.b, and where the implementation of projects [provided_for] in Article_309_of_the_Treaty_on_the_Functioning_of_the_European_Union so requires, the Board_of_Directors shall, [acting] by a qualified_majority, lay_down the terms and conditions of any_financing operation presenting a specific_risk profile and thus considered to be_a_special_activity).
#h4.5.16c3#
4. ▷(The Bank may guarantee loans contracted by public or private undertakings or other_bodies for the purpose of carrying_out projects [provided_for] in Article_309_of_the_Treaty_on_the_Functioning_of_the_European_Union). #h4.5.16c4#
5. ▷(((The aggregate_amount (outstanding at any_time)) of ((loans and guarantees) [granted] by the Bank)) [shall not_exceed] 250 % of (its_subscribed capital, reserves, (non_allocated provisions) and (profit and loss account_surplus))).
▷(The latter_aggregate_amount [shall be_reduced] by an_amount equal to the amount subscribed (whether or not_paid in) for any_equity participation of the Bank).
▷(The amount of the Bank's_disbursed equity participations shall not_exceed at any_time an_amount corresponding to the total of its_paid_in subscribed capital, reserves, non_allocated provisions and profit and loss account surplus).
▷(By way of exception, the special_activities of the Bank, as decided by the Board_of_Governors and the Board_of_Directors in_accordance_with paragraph_3, will_have a specific_allocation of reserve).
▷(This_paragraph [shall also apply] to the consolidated accounts of the Bank).
#h4.5.16c5#
6. ▷(The Bank shall protect (itself) against exchange risks by including in contracts for loans and guarantees such_clauses as it considers appropriate). #h4.5.16c6#
1. ▷(Interest_rates on loans to be_granted by the Bank and commission and other_charges shall be_adjusted to conditions prevailing on the capital market and shall be_calculated in such_a_way that the income therefrom [shall enable] (the Bank) (to meet its_obligations), to cover its_expenses and risks and to build_up a reserve_fund as [provided_for] in Article_22). #h4.5.17c1#
2. ▷(The Bank shall not_grant any_reduction in interest_rates).
▷(Where a reduction in the interest_rate [appears] desirable in view of the nature of the investment to be_financed), (the Member_State_concerned or some_other_agency) [may grant] (aid) (towards the payment of interest) (to the extent that this_is_compatible with Article_107_of_the_Treaty_on_the_Functioning_of_the_European_Union).
#h4.5.17c2#
▷(In its_financing operations, (the Bank) [shall observe] the following_principles: #h4.5.18c1#
1. ▷(It shall ensure that its_funds are employed as rationally as possible in the interests_of_the_Union).
▷(It [may grant] loans or guarantees only:
(a) (where, in the case of investments by undertakings in the production sector, interest and amortisation payments are covered out_of operating_profits or, in the case of other_investments, either by a commitment entered into by the State in which the investment is_made or by some_other_means); and
(b) (where the execution of the investment contributes to an_increase in economic productivity in general and promotes the attainment of the internal_market)).
#h4.5.18c2#
2. ▷(It [shall neither acquire (any_interest in an_undertaking) nor assume] any_responsibility in its_management unless this_is_required to safeguard the rights of the Bank in ensuring recovery of funds lent).
▷(However, in_accordance_with the principles determined by the Board_of_Governors pursuant_to Article_7.3.b, and where the implementation of operations [provided_for] in Article_309_of_the_Treaty_on_the_Functioning_of_the_European_Union so requires, the Board_of_Directors shall, [acting] by a qualified_majority, lay_down the terms and conditions for taking an_equity participation in a commercial_undertaking, normally as a complement to a loan or a guarantee, in_so_far_as this is_required to finance an_investment or programme).
#h4.5.18c3#
3. ▷(It may dispose of its_claims on the capital_market and [may, to this_end, require] its_debtors to issue bonds or other_securities). #h4.5.18c4#
4. ▷((Neither the Bank nor the Member_States) [shall impose] conditions requiring funds lent by the Bank to be_spent within a specified Member_State). #h4.5.18c5#
5. ▷(The Bank may make its_loans conditional on international invitations to tender being arranged). #h4.5.18c6#
6. ▷(The Bank [shall not_finance], ((in whole) or (in part)), (any_investment [opposed] (by (the Member_State (in whose{MS}_territory it{investement} is to be_carried_out))))). #h4.5.18c7#
7. ▷(As a complement to its_lending_activity, the Bank [may provide] technical_assistance_services in_accordance_with the terms and conditions [laid_down] by the Board_of_Governors, [acting] by a qualified_majority, and in [compliance] with this_Statute). #h4.5.18c8#
1. ▷(Any_undertaking or (public or private)_entity [may apply] directly to the Bank for financing).
▷(Applications to the Bank [may also be_made] either through the Commission or through the Member_State on whose_territory the investment will_be_carried_out).
#h4.5.19c1#
2. ▷((Applications [made] through the Commission) [shall be_submitted] (for an_opinion) (to (the Member_State (in whose_territory the investment [will_be_carried_out])))).
▷(Applications [made] through a Member_State [shall be_submitted] to the Commission for an_opinion).
▷(Applications [made] direct by an_undertaking [shall be_submitted] to the Member_State_concerned and to the Commission).
▷(The Member_State_concerned and the Commission shall deliver their_opinions within two_months).
▷(If no_reply is_received within this_period, the Bank may assume that there_is no_objection to the investment in question).
#h4.5.19c2#
3. ▷(The Board_of_Directors shall rule on financing operations submitted to it by the Management Committee). #h4.5.19c3#
4. ▷(The Management Committee shall examine whether financing operations submitted to it comply with the provisions of this_Statute, (in particular) with Articles 16 and 18. Where the Management Committee is in favour of the financing operation, it shall submit the corresponding proposal to the Board_of_Directors; the Committee [may make] its_favourable_opinion subject to such_conditions, as it considers essential).
▷(Where the Management Committee is_against granting the finance, it shall submit the relevant documents (together with) its_opinion to the Board_of_Directors).
#h4.5.19c4#
5. ▷(Where the Management_Committee delivers an_unfavourable_opinion, the Board_of_Directors may not_grant the finance_concerned unless its_decision is_unanimous). #h4.5.19c5#
6. ▷(Where the Commission delivers an_unfavourable_opinion, the Board_of_Directors may not_grant the finance_concerned unless its_decision is_unanimous, the director nominated by the Commission abstaining). #h4.5.19c6#
7. ▷(Where both the Management Committee and the Commission deliver an_unfavourable_opinion, the Board_of_Directors may not_grant the finance). #h4.5.19c7#
8. ▷(In the event that a financing operation relating to an_approved_investment has_to_be_restructured in_order to safeguard the Bank's_rights and interests, the Management Committee shall take without delay the emergency measures which it deems necessary, subject to immediate reporting thereon to the Board_of_Directors). #h4.5.19c8#
1. ▷(The Bank [shall borrow] on the capital markets the funds necessary for the performance of its_tasks). #h4.5.20c1#
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_139.1_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).
#h4.5.20c2#
1. ▷(The Bank [may employ] any_available_funds which it does_not_immediately require to meet its_obligations in the following_ways:
(a) it{Bank} may invest on the money markets;
(b) it{Bank} may, subject to the provisions of Article_18.2, buy and sell securities;
(c) (it{Bank} [may carry_out] (any_other_financial_operation linked with its{Bank}_objectives))).
#h4.5.21c1#
2. ▷(Without prejudice to the provisions of Article_23, the Bank [shall not, (in managing its_investments), engage] in any_currency arbitrage not_directly required to carry_out its_lending_operations or fulfil commitments arising out_of loans raised or guarantees granted by it). #h4.5.21c2#
3. ▷(The Bank [shall, in the fields covered by this_Article, act] in agreement with the competent_authorities or with the national_central_bank of the Member_State_concerned). #h4.5.21c3#
1. ▷(A reserve fund of up to 10 % of the subscribed capital [shall be_built_up] progressively).
▷((If the state of the liabilities of the Bank [should so justify]), the Board_of_Directors [may decide] (to set aside additional_reserves)).
▷(Until such_time as the reserve fund has_been_fully built up, it shall be_fed by:
(a) interest received on loans granted by the Bank out_of sums to be_paid_up by the Member_States pursuant_to Article_5;
(b) interest received on loans granted by the Bank out_of funds derived from repayment of the loans [referred_to] in (a);
#h4.5.22c1#
to the extent that this_income is_not_required to meet the obligations of the Bank or to cover its_expenses).
#h4.5.22c2#
2. ▷(The resources of the reserve fund shall be_so invested as to be_available at any_time to meet the purpose of the fund). #h4.5.22c3#
1. ▷(The Bank shall at all_times be_entitled to transfer its_assets in the currency of a Member_State whose_currency is_not_the_euro in_order to carry_out financial operations corresponding to the task [set_out] in Article_309_of_the_Treaty_on_the_Functioning_of_the_European_Union, taking_into_account the provisions of Article_21 of this_Statute).
▷(The Bank shall, (as far as possible), avoid making such_transfers if it has cash or liquid assets in the currency required).
#h4.5.23c1#
2. ▷(The Bank may not_convert its_assets in the currency of a Member_State whose_currency is_not_the_euro into the currency of a third_country without the agreement of the Member_State_concerned). #h4.5.23c2#
3. ▷(The Bank [may freely dispose] of (that_part of its_capital) (which{part} [is_paid_up] of (any_currency [borrowed] on (markets outside the_Union)))). #h4.5.23c3#
4. ▷(The Member_States undertake to make available to the debtors of the Bank the currency needed to repay the capital and pay the interest on loans or commission on guarantees granted by the Bank for investments to be_carried_out in their_territory). #h4.5.23c4#
▷((If a Member_State [fails] to meet the obligations of (membership arising from this_Statute), (in particular) the obligation to pay its_share of the subscribed_capital or to service its_borrowings), (the granting of (loans or guarantees) to (that_Member_State or its_nationals)) [may be_suspended] by a decision of the Board_of_Governors, [acting] by a qualified_majority). #h4.5.24c1#
▷(Such_decision [shall not_release] either the State or its_nationals from their_obligations towards the Bank). #h4.5.24c2#
1. ▷((If the Board_of_Governors [decides] to suspend the operations of the Bank), all_its_activities [shall cease] forthwith, (except those{activities} [required] to [ensure] the due_(realisation, protection and preservation) of its_assets and the settlement of its_liabilities)). #h4.5.25c1#
2. ▷(In the event of liquidation, the Board_of_Governors shall appoint the liquidators and give them instructions for carrying_out the liquidation).
▷(It shall ensure that the rights of the members of staff are safeguarded).
#h4.5.25c2#
1. ▷(In each_of_the_Member_States, the Bank [shall enjoy] the most_extensive_legal_capacity accorded to legal_persons under their_laws; it may, in particular, acquire or dispose of movable or immovable_property and may be a party to legal_proceedings). #h4.5.26c1#
2. ▷(The property of the Bank shall be_exempt from all_forms of requisition or expropriation). #h4.5.26c2#
▷(Disputes between the Bank on the one hand, and its_creditors, debtors or any_other_person on the other, shall be_decided by the competent national_courts, save where jurisdiction has_been_conferred on the Court_of_Justice_of_the_European_Union).
▷(The Bank may provide for arbitration in any_contract).
#h4.5.27c1#
▷(The Bank [shall have] an_address for service in each_Member_State).
▷(It may, however, in any_contract, specify a particular address for service).
#h4.5.27c2#
▷(The property and assets of the Bank shall not_be_liable to attachment or to seizure by way of execution except by decision of a court). #h4.5.27c3#
1. ▷(The Board_of_Governors may, [acting] unanimously, decide to establish subsidiaries or other_entities, which [shall have] legal_personality and financial autonomy). #h4.5.28c1#
2. ▷(The Board_of_Governors shall establish the Statutes of the bodies [referred_to] in paragraph_1).
▷(The Statutes [shall define], in particular, their_objectives, structure, capital, membership, the location of their_seat, their_financial resources, means of intervention and auditing arrangements, as_well_as their_relationship with (the organs of the Bank)).
#h4.5.28c2#
3. ▷(The Bank shall be_entitled to participate in the management of these bodies and contribute to their_subscribed capital up to the amount determined by the Board_of_Governors, [acting] unanimously). #h4.5.28c3#
4. ▷(The Protocol on the privileges and immunities of the European_Union [shall apply] to the bodies [referred_to] in paragraph_1 in_so_far_as they are incorporated under the law_of_the_Union, 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).
#h4.5.28c4#
5. ▷(The Court_of_Justice_of_the_European_Union shall, within the limits hereinafter laid_down, have_jurisdiction in disputes concerning measures adopted by organs of a body incorporated under Union_law).
▷(Proceedings against such_measures may be_instituted by any_member of such_a_body in its_capacity as such or by Member_States under the conditions [laid_down] in Article_263_of_the_Treaty_on_the_Functioning_of_the_European_Union).
#h4.5.28c5#
6. ▷(The Board_of_Governors may, [acting] unanimously, decide to admit the staff of bodies incorporated under Union_law to joint schemes with the Bank, in [compliance] with the respective internal procedures). #h4.5.28c6#
▷(THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER_STATES,
HAVING REGARD to Article_341_of_the_Treaty_on_the_Functioning_of_the_European_Union and Article_189_of_the_Treaty_establishing_the_European_Atomic_Energy_Community,
[RECALLING] AND CONFIRMING the Decision of 8_April_1965, and without prejudice to the decisions concerning the seat of future institutions, bodies, offices, agencies and departments,
([HAVE_AGREED] (UPON the following_provisions, which shall be_annexed to the Treaty_on_the_European_Union and to the Treaty_on_the_Functioning_of_the_European_Union, and to the Treaty_establishing_the_European_Atomic_Energy_Community:
#h4.6c1#
Sole Article
(a) The European_Parliament [shall have] its_seat in Strasbourg where the 12_periods of monthly_plenary_sessions, including the budget session, shall be_held).
▷((The periods of additional_plenary_sessions) [shall be_held] in Brussels).
▷(The committees of the European_Parliament shall meet in Brussels).
▷(The General_Secretariat of the European_Parliament and its_departments shall remain in Luxembourg).
▷(b) (The Council [shall have] its_seat in Brussels).
▷(During the months of April,_June_and October, the Council shall hold its_meetings in Luxembourg).
▷(c) (The Commission [shall have] its_seat in Brussels).
▷(The departments listed in Articles 7, 8 and 9 of the Decision of 8_April_1965
shall be_established in Luxembourg).
▷(d) (The Court_of_Justice_of_the_European_Union [shall have] its_seat in Luxembourg).
▷(e) (The Court_of_Auditors [shall have] its_seat in Luxembourg).
▷(f) (The Economic_and_Social_Committee [shall have] its_seat in Brussels).
▷(g) (The Committee_of_the_Regions [shall have] its_seat in Brussels).
▷(h) (The European_Investment_Bank [shall have] its_seat in Luxembourg).
▷(i) (The European_Central_Bank [shall have] its_seat in Frankfurt).
▷(j) (The European_Police_Office (Europol) [shall have] its_seat in The Hague).
#h4.6c2#
▷(THE HIGH_CONTRACTING_PARTIES,
CONSIDERING that, in_accordance_with Article_343_of_the_Treaty_on_the_Functioning_of_the_European_Union and Article_191_of_the_Treaty_establishing_the_European_Atomic_Energy_Community ("EAEC"), the European_Union and the EAEC shall enjoy in the territories of the Member_States such_privileges and immunities as are necessary for the performance of their_tasks,
HAVE_AGREED upon the following_provisions, which shall be_annexed to the Treaty_on_the_European_Union, the Treaty_on_the_Functioning_of_the_European_Union and the Treaty_establishing_the_European_Atomic_Energy_Community:
#h4.7c1#
▷(The premises and buildings_of_the_Union shall be_inviolable).
▷(They shall be_exempt from search, requisition, confiscation or expropriation).
▷(The property and assets_of_the_Union shall not_be the subject of any_administrative or legal_measure of constraint without the authorisation of the Court_of_Justice).
#h4.7.1.1c1#
▷(The archives_of_the_Union shall be_inviolable). #h4.7.1.2c1#
▷(The_Union, its_assets, revenues and other_property [shall be_exempt] from all_direct_taxes). #h4.7.1.3c1#
▷(The governments_of_the_Member_States [shall, wherever possible, take] the appropriate_measures to remit or refund the amount of (indirect_taxes or sales_taxes) [included] in the price of (movable or immovable)_property, where the_Union makes, for its_official_use, substantial purchases the price of which [includes] taxes of this_kind).
▷(These_provisions shall not_be_applied, however, so_as to have the effect of [distorting] competition within the_Union).
#h4.7.1.3c2#
▷(No exemption shall be_granted in respect of taxes and dues which amount merely to charges for public utility services). #h4.7.1.3c3#
▷(The_Union shall be_exempt from all_customs_duties, prohibitions and restrictions on imports and exports in respect of articles intended for its_official use: articles so imported shall not_be_disposed of, (whether or not) in return for payment, in the territory of the country into which they have_been_imported, except under conditions approved by the government of that_country). #h4.7.1.4c1#
▷(The_Union shall also be_exempt from any_customs_duties and any_prohibitions and restrictions on import and exports in respect of its_publications). #h4.7.1.4c2#
▷(For their_official communications and the transmission of all_their_documents, the institutions_of_the_Union shall enjoy in the territory of each_Member_State the treatment accorded by that State to diplomatic missions). #h4.7.2.1c1#
▷(Official correspondence and other_official communications of the institutions_of_the_Union shall not_be subject to censorship). #h4.7.2.1c2#
▷(Laissez_passer in a form to be_prescribed by the Council, [acting] by a simple_majority, which [shall be_recognised] as valid_travel_documents by (the authorities of the Member_States), [may be_issued] to members and servants of the institutions_of_the_Union (by the Presidents of these institutions).
▷(These_laissez_passer shall be_issued to officials and other_servants under conditions [laid_down] in the Staff_Regulations of officials and the Conditions_of_Employment of other_servants_of_the_Union).
#h4.7.2.2c1#
▷(The Commission [may conclude] agreements (for these_laissez_passer) (to [be_recognised] as valid_travel_documents) within (the territory of third_countries)). #h4.7.2.2c2#
▷(No administrative or other_restriction shall be_imposed on the free movement of Members of the European_Parliament travelling to or from the place of meeting of the European_Parliament). #h4.7.3.1c1#
▷(Members of the European_Parliament shall, in respect of customs and exchange control, be_accorded:
(a) by their_own government, the same_facilities as those accorded to senior officials travelling abroad on temporary official missions;
(b) by the government of other_Member_States, the same_facilities as those accorded to representatives of foreign governments on temporary official missions).
#h4.7.3.1c2#
▷(Members of the European_Parliament shall not_be subject to any_form of inquiry, detention or legal_proceedings in respect of opinions expressed or votes cast by them in the performance of their_duties). #h4.7.3.2c1#
▷(During the sessions of the European_Parliament, its_Members shall enjoy:
(a) in the territory of their_own State, the immunities accorded to members of their_parliament;
(b) in the territory of any_other_Member_State, immunity from any_measure of detention and from legal_proceedings).
#h4.7.3.3c1#
▷(Immunity [shall likewise_apply] to Members while they are travelling to and from the place of meeting of the European_Parliament). #h4.7.3.3c2#
▷(Immunity [cannot_be_claimed] when a Member is_found in the act of committing an_offence and shall not_prevent the European_Parliament from exercising (its_right to [waive] the immunity of (one of its_Members))). #h4.7.3.3c3#
▷(Representatives of Member_States taking_part in the work of the institutions_of_the_Union, their_advisers and technical experts shall, in the performance of their_duties and during their_travel to and from the place of meeting, enjoy the customary privileges, immunities and facilities). #h4.7.4.1c1#
▷(This_Article [shall also apply] to members of the advisory_bodies_of_the_Union). #h4.7.4.1c2#
▷(In the territory of each_Member_State and whatever_their_nationality, officials and other_servants_of_the_Union shall:
(a) subject to the provisions of the_Treaties relating, on the one hand, to the rules on the liability of officials and other_servants towards the_Union and, on the other_hand, to the jurisdiction of the Court_of_Justice_of_the_European_Union in disputes between the_Union and its_officials and other_servants, be_immune from legal_proceedings in respect of acts performed by them in their_official capacity, including (their_words [spoken] or [written]).
▷(They shall continue_to_enjoy this_immunity after they have ceased to hold office;
(b) (together with) their_spouses and dependent members of their_families, not_be subject to immigration restrictions or to formalities for the registration of aliens;
(c) in respect of currency or exchange regulations, be_accorded the same_facilities as are customarily accorded to officials of international_organisations;
(d) enjoy the right to [import] free of duty their_furniture and effects at the time of first_taking_up their_post in the country_concerned, and the right to re_export free of duty their_furniture and effects, on termination of their_duties in that_country, subject in either case to the conditions considered to be_necessary by the government of the country in which this_right is_exercised;
(e) have the right to import free of duty a motor car for their_personal use, acquired either in the country of their_last residence or in the country of which they are nationals on the terms ruling in the home market in that_country, and to re_export it free of duty, subject in either case to the conditions considered to be_necessary by the government of the country_concerned).
#h4.7.5.1c1#
▷(Officials and other_servants_of_the_Union) [shall be_liable] ((to a tax) (for the benefit_of_the_Union) (on salaries, wages and emoluments [paid] to them (by the_Union))), (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). #h4.7.5.2c1#
▷((They) [shall be_exempt] (from (national_taxes ((on salaries, wages and emoluments) ([paid] by the_Union)))). #h4.7.5.2c2#
▷(In the application of income_tax, wealth_tax and death duties and in the application of conventions on the avoidance of double taxation concluded between Member_States_of_the_Union, officials and other_servants_of_the_Union who, solely by reason of the performance of their_duties in the service_of_the_Union, establish their_residence in the territory_of_a_Member_State other than their_country of domicile for tax purposes at the time of entering the service_of_the_Union, shall be_considered, both in the country of their_actual residence and in the country of domicile for tax purposes, as having_maintained their_domicile in the latter country provided that it is a member_of_the_Union).
▷(This_provision [shall also apply] to a spouse, to the extent that the latter is_not_separately engaged in a gainful_occupation, and to children dependent on and in the care of the persons [referred_to] in this_Article).
#h4.7.5.3c1#
▷(Movable_property belonging to persons [referred_to] in the preceding_paragraph and situated in the territory of the country where they are staying shall be_exempt from death duties in that_country; such_property shall, for the assessment of such_duty, be_considered as being in the country of domicile for tax purposes, subject to the rights of third_countries and to the possible application of provisions of international conventions on double taxation). #h4.7.5.3c2#
▷(Any_domicile acquired solely by reason of the performance of duties in the service of other_international_organisations shall not_be_taken into consideration in applying the provisions of this_Article). #h4.7.5.3c3#
▷(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 the scheme of social_security benefits for officials and other_servants_of_the_Union). #h4.7.5.4c1#
▷(The European_Parliament and the Council, [acting] (by (means of regulations)) in_accordance_with the ordinary_legislative_procedure, and after consulting the other_institutions_concerned, shall determine the categories of officials and other_servants_of_the_Union to whom the provisions of Article_11, the second_paragraph of Article_12, and Article_13 [shall apply], ((in whole) or (in part))). #h4.7.5.5c1#
▷(The names, grades and addresses of officials and other_servants included in such_categories shall be_communicated periodically to the governments_of_the_Member_States). #h4.7.5.5c2#
▷(The Member_State in whose_territory the_Union has its_seat shall accord the customary diplomatic immunities and privileges to missions of third_countries accredited to the_Union). #h4.7.6.1c1#
▷(Privileges, immunities and facilities [shall be_accorded] (to officials and other_servants_of_the_Union) ((solely) in the interests_of_the_Union). #h4.7.7.1c1#
▷((Each_institution_of_the_Union) [shall be_required] (to waive the immunity [accorded] to (an_official or other_servant)) (wherever that_institution [considers] that the waiver of such_immunity is_not contrary to the interests_of_the_Union)). #h4.7.7.1c2#
▷(The institutions_of_the_Union shall, for the purpose of applying this_Protocol, cooperate with the responsible authorities of the Member_States_concerned). #h4.7.7.2c1#
▷(Articles 11 to 14 and Article_17 [shall apply] to Members of the Commission). #h4.7.7.3c1#
▷(Articles 11 to 14 and Article_17 [shall apply] to the Judges, the Advocates_General, the Registrars and the Assistant_Rapporteurs of the Court_of_Justice_of_the_European_Union, without prejudice to the provisions of Article_3_of_the_Protocol_on_the_Statute_of_the_Court_of_Justice_of_the_European_Union relating to immunity from legal_proceedings of Judges and Advocates_General). #h4.7.7.4c1#
▷(This_Protocol [shall also apply] to the European_Investment_Bank, to the members of its_organs, to its_staff and to the representatives of the Member_States taking_part in its_activities, without prejudice to the provisions of the Protocol_on_the_Statute_of_the_Bank). #h4.7.7.5c1#
▷(The European_Investment_Bank [shall (in addition) be_exempt] from any_form of taxation or imposition of a like_nature on the occasion of any_increase in its_capital and from the various formalities which [may be_connected] therewith in the State (where{in State} the Bank [has] its{Bank}_seat)).
▷(Similarly, its{EIB}_(dissolution or liquidation) [shall not_give_rise] to any_imposition).
▷(Finally, the activities of the Bank and of its_organs carried_on in_accordance_with its_Statute shall not_be subject to any_turnover_tax).
#h4.7.7.5c2#
▷(This_Protocol [shall also apply] to the European_Central_Bank, to the members of its_organs and to its_staff, without prejudice to the provisions of the Protocol_on_the_Statute_of_the_European_System_of_Central_Banks and the European_Central_Bank). #h4.7.7.6c1#
▷(The European_Central_Bank shall, in addition, be_exempt from any_form of taxation or imposition of a like nature on the occasion of any_increase in its_capital and from the various_formalities which may be_connected therewith in the State where the bank has its_seat).
▷(The activities of the Bank and of its_organs carried_on in_accordance_with the Statute_of_the_European_System_of_Central_Banks and of the European_Central_Bank shall not_be subject to any_turnover tax).
#h4.7.7.6c2#
▷(THE HIGH_CONTRACTING_PARTIES,
([HAVE_AGREED] (UPON the following_provisions, which shall be_annexed to the Treaty_on_the_European_Union and to the Treaty_on_the_Functioning_of_the_European_Union:
#h4.8c1#
▷(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_the_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).
#h4.8.1c1#
▷(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).
#h4.8.2c1#
▷(Nothing in the agreement [referred_to] in Article_1 shall affect Article_344_of_the_Treaty_on_the_Functioning_of_the_European_Union). #h4.8.3c1#
▷(THE HIGH_CONTRACTING_PARTIES,
TAKING INTO ACCOUNT the fundamental importance that agreeing on the Decision of the Council relating to the implementation of Article_16.4_of_the_Treaty_on_the_European_Union and Article_238.2_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{provision} [shall be_annexed] to the Treaty_on_the_European_Union and to the Treaty_on_the_Functioning_of_the_European_Union)):
#h4.9c1#
▷((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_15.4_of_the_Treaty_on_the_European_Union)). #h4.9.1c1#
▷(THE HIGH_CONTRACTING_PARTIES,
([HAVING_REGARD] TO (Article_42.6 and Article_46_of_the_Treaty_on_the_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_43_of_the_Treaty_on_the_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{MS} 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_the_European_Union and to the Treaty_on_the_Functioning_of_the_European_Union:
#h4.10c1#
▷((The permanent_structured_cooperation [referred_to] in Article_42.6_of_the_Treaty_on_the_European_Union) [shall be_open] (to any_Member_State (which{MS} [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_43_of_the_Treaty_on_the_European_Union, (within a period of five 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)))).
#h4.10.1c1#
▷((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).
#h4.10.2c1#
▷(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_46_of_the_Treaty_on_the_European_Union).
#h4.10.3c1#
▷(THE HIGH_CONTRACTING_PARTIES,
[BEARING IN MIND] the need to implement fully the provisions of Article_42.2_of_the_Treaty_on_the_European_Union,
[BEARING IN MIND] that the policy_of_the_Union in_accordance_with Article_42 shall not_prejudice the specific_character of the security_and_defence_policy of certain Member_States and shall respect the obligations of certain Member_States, which see their_common_defence realised in NATO, under the North_Atlantic_Treaty and be_compatible with the common_security_and_defence_policy established within that framework,
([HAVE_AGREED] (UPON the following_provision, which shall be_annexed to the Treaty_on_the_European_Union and to the Treaty_on_the_Functioning_of_the_European_Union:
#h4.11c1#
▷(The European_Union shall draw_up, ((together with) the Western_European_Union), arrangements for enhanced_cooperation between them). #h4.11c2#
▷(THE HIGH_CONTRACTING_PARTIES,
DESIRING TO lay_down the details of the excessive_deficit_procedure [referred_to] in Article_126_of_the_Treaty_on_the_Functioning_of_the_European_Union,
[HAVE_AGREED] upon the following_provisions, which shall be_annexed to the Treaty_on_the_European_Union and to the Treaty_on_the_Functioning_of_the_European_Union:
#h4.12c1#
▷(The reference_values [referred_to] in Article_126.2_of_the_Treaty_on_the_Functioning_of_the_European_Union [are]:
-- 3 % for the ratio of the (planned or actual)_government_deficit to gross_domestic_product at market_prices;
-- 60 % for the ratio of government_debt to gross_domestic_product at market_prices).
#h4.12.1c1#
▷(In Article_126_of_the_said_Treaty and in this_Protocol:
-- "government" [means] general_government, that{gg} is central_government, (regional or local)_government and social_security funds, to the exclusion of commercial_operations, as [defined] in the European_System_of_Integrated_Economic_Accounts;
-- "deficit" [means] net_borrowing as [defined] in the European_System_of_Integrated_Economic_Accounts;
-- "investment" [means] gross fixed capital formation as [defined] in the European_System_of_Integrated_Economic_Accounts;
-- "debt"[means] total gross debt at nominal value outstanding at the end of the year and consolidated between and within the sectors of general_government as [defined] in the first_indent).
#h4.12.2c1#
▷(In_order to ensure the effectiveness of the excessive_deficit_procedure, the governments_of_the_Member_States shall be_responsible under this_procedure for the deficits of general_government as [defined] in the first_indent of Article_2.
The Member_States shall ensure that national procedures in the budgetary area enable them to meet their_obligations in this_area deriving from these Treaties).
▷(The Member_States shall report their_(planned and actual)_deficits and the levels of their_debt promptly and regularly to the Commission).
#h4.12.3c1#
▷(The statistical_data to be_used for the application of this_Protocol shall be_provided by the Commission). #h4.12.4c1#
▷(THE HIGH_CONTRACTING_PARTIES,
DESIRING to lay_down the details of the convergence_criteria which shall guide the_Union in taking decisions to end the derogations of those_Member_States_with_a_derogation, [referred_to] in Article_140_of_the_Treaty_on_the_Functioning_of_the_European_Union,
HAVE_AGREED upon the following_provisions, which shall be_annexed to the Treaty_on_the_European_Union and to the Treaty_on_the_Functioning_of_the_European_Union:
#h4.13c1#
▷((The criterion on price_stability) [referred_to] in the first_indent of Article_140.1_of_the_Treaty_on_the_Functioning_of_the_European_Union) [shall mean] (that (a Member_State) [has] ((a price_performance that is sustainable) and (((an_average_rate_of_inflation), ([observed] (over (a period of one_year)) (before the examination))), ((that) [does_not_exceed] (by ((more than 1 ½ percentage_points) ((that) of, at most))), (the three_best_performing_Member_States in terms of price_stability))))).
▷(Inflation [shall be_measured] by means of the consumer_price_index on a comparable basis [taking_into_account] (differences in national_definitions)).
#h4.13.1c1#
▷(The criterion on the government_budgetary_position [referred_to] in the second_indent of Article_140.1 of the said_Treaty shall mean that at the time of the examination the Member_State is_not the subject of a Council_decision under Article_126.6 of the said_Treaty that an_excessive_deficit exists). #h4.13.2c1#
▷(The criterion on participation in the Exchange Rate mechanism of the European_Monetary_System [referred_to] in the third_indent of Article_140.1 of the said_Treaty shall mean that a Member_State has respected the normal fluctuation_margins provided_for by the exchange_rate_mechanism on the European_Monetary_System without severe tensions for (at least) the last two_years before the examination).
▷(In particular, the Member_State [shall not_have_devalued] its_currency's_bilateral central rate against the euro on its_own initiative for the same_period).
#h4.13.3c1#
▷(The criterion on the convergence of interest_rates [referred_to] in the fourth_indent of Article_140.1 of the said_Treaty [shall mean] that, [observed] over (a period of one_year) before the examination, a Member_State [has_had] an_average_nominal_long_term_interest_rate that does_not_exceed by more than two_percentage_points that of, at most, the three_best performing Member_States in terms of price_stability).
▷(Interest_rates [shall be_measured] on the basis of long_term_government_bonds or comparable securities, taking_into_account differences in national_definitions).
#h4.13.4c1#
▷(The statistical_data to be_used for the application of this_Protocol shall be_provided by the Commission). #h4.13.5c1#
▷(The Council shall, [acting] unanimously on a proposal_from_the_Commission and after consulting the European_Parliament, the ECB as the case may be, and the Economic_and_Financial_Committee, adopt appropriate_provisions to lay_down the details of the convergence_criteria [referred_to] in Article_140.1 of the said_Treaty, which shall then replace this_Protocol). #h4.13.6c1#
▷(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{MS} 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_the_European_Union and to the Treaty_on_the_Functioning_of_the_European_Union:
#h4.14c1#
▷((The Ministers of the Member_States ((whose{MS} 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{MS} currency [is] the euro) and of the Commission).
#h4.14.1c1#
▷(The Ministers of the Member_States ((whose{MS} currency [is] the euro) [shall elect] a president for two_and_a_half_years, by a majority of those_Member_States). #h4.14.2c1#
▷(THE HIGH_CONTRACTING_PARTIES,
RECOGNISING that the United_Kingdom shall not_be_obliged or committed to adopt the euro without a separate decision to do so by its_government and parliament,
[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))),
NOTING the practice of the government of the United_Kingdom to fund its_borrowing_requirement by the sale of debt to the private sector,
HAVE_AGREED upon the following_provisions, which shall be_annexed to the Treaty_on_the_European_Union and to the Treaty_on_the_Functioning_of_the_European_Union:
#h4.15c1#
1. ▷(Unless the United_Kingdom notifies the Council that it intends to adopt the euro, it shall be under no_obligation to do so). #h4.15c2#
2. ▷(In view of the notice given to the Council by the United_Kingdom government on 16_October_1996 and 30_October_1997, paragraphs 3 to 8 and 10 [shall apply] to the United_Kingdom). #h4.15c3#
3. ▷(The United_Kingdom shall retain its_powers in the field of monetary_policy according_to national_law). #h4.15c4#
4. ▷(Articles (119, second_paragraph), (126(1), (9) and (11)), (127(1) to (5)), 128, 130, 131, 132, 133, 138, 140(3), 219, (282(2), with the exception of (the first and last) sentences thereof), 282(5), and 283 of the Treaty_on_the_Functioning_of_the_European_Union [shall not_apply] to the United_Kingdom).
▷(The same [applies] to Article_121.2 of this_Treaty as_regards the adoption of the parts of the broad economic_policy guidelines (which{guidelines} [concern] the euro_area generally)).
▷(In these_provisions (references to the_Union or the Member_States shall not_include the United_Kingdom) and (references to national_central_banks shall not_include the Bank_of_England).
#h4.15c5#
5. ▷(The United_Kingdom shall endeavour to avoid an_excessive_government_deficit).
▷(Articles_143_and_144_of_the_Treaty_on_the_Functioning_of_the_European_Union [shall continue_to_apply] to the United_Kingdom).
▷(Articles 134(4) and 142 [shall apply] to the United_Kingdom as if it had a derogation).
#h4.15c6#
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_139.4_of_the_Treaty_on_the_Functioning_of_the_European_Union).
▷(For this_purpose the second_subparagraph of Article_139.4 of the Treaty [shall apply].
▷(The United_Kingdom shall also have no_right to participate in the appointment of the President, the Vice_President and the other_members of the Executive_Board_of_the_ECB under the second_subparagraph of Article_283.2 of the said_Treaty).
#h4.15c7#
7. ▷(Articles 3, 4, 6, 7, 9.2, 10.1, 10.3, 11.2, 12.1, 14, 16, 18 to 20, 22, 23, 26, 27, 30 to 34 and 49 of the Protocol_on_the_Statute_of_the_European_System_of_Central_Banks and of the European_Central_Bank ("the Statute") [shall not_apply] to the United_Kingdom).
▷(In those_Articles, references to the_Union or the Member_States shall not_include the United_Kingdom and references to national_central_banks or shareholders shall not_include the Bank_of_England).
▷(References in Articles 10.3 and 30.2 of the Statute to "subscribed capital of the ECB" shall not_include capital subscribed by the Bank_of_England).
#h4.15c8#
8. ▷(Article_141.1_of_the_Treaty_on_the_Functioning_of_the_European_Union and Articles 43 to 47 of the Statute [shall have] effect, (whether or not) there_is any_Member_State_with_a_derogation, subject to the following_amendments:
(a) (References in Article_43 to the tasks of the ECB and the EMI shall include those_tasks that still need to be_performed in the third_stage owing to any_decision of the United_Kingdom not to adopt the euro).
▷(b) (In addition to the tasks [referred_to] in Article_46, the ECB shall also give advice in_relation_to and contribute to the preparation of any_decision of the Council with_regard_to the United_Kingdom taken in_accordance_with paragraphs 9.a and 9.c).
▷(c) The Bank of England shall pay up its_subscription to the capital of the ECB as a contribution to its_operational costs on the same_basis as national_central_banks of Member_States_with_a_derogation)).
#h4.15c9#
9. ▷(The United_Kingdom may notify the Council at any_time of its_intention to adopt the euro).
▷(In that_event:
(a) The United_Kingdom [shall have] the right to adopt the euro provided only that it satisfies the necessary_conditions).
▷(The Council, [acting] at the request of the United_Kingdom and under the conditions and in_accordance_with the procedure [laid_down] in Article_140.1 and (2) of the Treaty_on_the_Functioning_of_the_European_Union, shall decide whether it fulfils the necessary_conditions).
▷(b) The Bank of England shall pay up its_subscribed capital, transfer to the ECB foreign_reserve_assets and contribute to its_reserves on the same_basis as the national_central_bank of a Member_State whose_derogation has_been_abrogated).
▷(c) The Council, [acting] under the conditions and in_accordance_with the procedure [laid_down] in Article_140.3 of the said_Treaty, shall take all_other_necessary_decisions to [enable] the United_Kingdom to adopt the euro).
#h4.15c10#
▷(If the United_Kingdom adopts the euro pursuant_to the provisions of this_Protocol, paragraphs 3 to 8 shall cease to have effect). #h4.15c11#
10. ▷(NotWithstanding Article_123_of_the_Treaty_on_the_Functioning_of_the_European_Union and Article_21.1 of the Statute, the Government of the United_Kingdom may maintain its "ways and means" facility with the Bank_of_England if and so long as the United_Kingdom does_not_adopt the euro). #h4.15c12#
▷(THE HIGH_CONTRACTING_PARTIES,
TAKING INTO ACCOUNT that the Danish Constitution contains provisions which may imply a referendum in Denmark prior to Denmark renouncing its_exemption,
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,
([HAVE_AGREED] (UPON the following_provisions, which shall be_annexed to the Treaty_on_the_European_Union and to the Treaty_on_the_Functioning_of_the_European_Union:
#h4.16c1#
1. ▷(In view of the notice given to the Council by the Danish Government on 3_November_1993, Denmark [shall have] an_exemption).
▷(The effect of the exemption shall be_that all_Articles and provisions of the_Treaties and the Statute_of_the_ESCB referring to a derogation [shall be_applicable] to Denmark).
#h4.16c2#
2. ▷(As_for the abrogation of the exemption, the procedure [referred_to] in Article_140 shall only be_initiated at the request of Denmark). #h4.16c3#
3. ▷(In the event of abrogation of the exemption status, the provisions of this_Protocol shall cease to apply). #h4.16c4#
▷(THE HIGH_CONTRACTING_PARTIES,
DESIRING to settle certain particular problems relating to Denmark,
HAVE_AGREED upon the following_provisions, which shall be_annexed to the Treaty_establishing_the_European_Community:
#h4.17c1#
The provisions of Article_14_of_the_Protocol_on_the_Statute_of_the_European_System_of_Central_Banks and of the European_Central_Bank shall not_affect the right of the National Bank of Denmark to carry_out its_existing tasks concerning those_parts of the Kingdom_of_Denmark which are_not part of the Community).
#h4.17c2#
▷(THE HIGH_CONTRACTING_PARTIES,
DESIRING to take_into_account a particular_point relating to France,
([HAVE_AGREED] (UPON the following_provisions, which shall be_annexed to the Treaty_on_the_European_Union and to the Treaty_on_the_Functioning_of_the_European_Union:
#h4.18c1#
(France) (([will_keep] (the privilege of monetary_emission) (in New_Caledonia, French_Polynesia and Wallis_and_Futuna) (under the terms established by its_national_laws)), and ([will_be (solely) entitled] to determine the parity of the CFP_franc)).
#h4.18c2#
▷(THE HIGH_CONTRACTING_PARTIES,
NOTING that the Agreements on the gradual abolition of checks at common_borders signed by some_Member_States of the European_Union in Schengen on 14_June_1985 and on 19_June_1990, as_well_as related_agreements and the rules adopted on the basis of these agreements, have_been_integrated into the framework of the European_Union by the Treaty of Amsterdam of 2_October_1997,
DESIRING to preserve the Schengen_acquis, as developed since the entry_into_force of the Treaty of Amsterdam, and to develop this_acquis in_order to contribute towards achieving the objective of [offering] citizens_of_the_Union an_area of freedom_security_and_justice without internal_borders,
TAKING INTO ACCOUNT the special_position of Denmark,
TAKING INTO ACCOUNT the fact that Ireland and the United_Kingdom_of_Great_Britain and_Northern_Ireland do_not_participate in all_the_provisions of the Schengen_acquis; that provision should, however, be_made to allow those_Member_States to accept other_provisions of this_acquis in full or in part,
RECOGNISING that, as a consequence, it is_necessary to make use of the provisions of the_Treaties concerning closer cooperation between some_Member_States,
TAKING INTO ACCOUNT the need to [maintain] a special_relationship with the Republic_of_Iceland and the Kingdom_of_Norway, both States being bound by the provisions of the Nordic passport union, (together with) the Nordic States which are members of the European_Union,
([HAVE_AGREED] (UPON the following_provisions, which shall be_annexed to the Treaty_on_the_European_Union and to the Treaty_on_the_Functioning_of_the_European_Union:
#h4.19c1#
▷(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, 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))))).
▷(This_cooperation [shall be_conducted] within the institutional and legal_framework of the European_Union and with respect for the relevant provisions of the_Treaties).
#h4.19.1c1#
▷(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). #h4.19.2c1#
▷(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). #h4.19.3c1#
▷((Ireland and the United_Kingdom_of_Great_Britain and_Northern_Ireland) [may (at any_time) request] (to take_part in (some or all) of the provisions of this_acquis)). #h4.19.4c1#
▷(The Council [shall decide] on the request with the unanimity of its_members [referred_to] in Article_1 and of the representative of the Government of the State_concerned). #h4.19.4c2#
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_329_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).
#h4.19.5c1#
2. ▷(Where either Ireland or the United_Kingdom is_deemed to have given notification pursuant_to a decision under Article_4, it may nevertheless notify the Council in writing, within three_months, that it does_not_wish to take_part in such_a_proposal or initiative).
▷(In that_case, Ireland or the United_Kingdom shall not_take_part in its_adoption).
▷(As_from the latter notification, the procedure for adopting the measure building upon the Schengen_acquis_shall be_suspended until the end of the procedure [set_out] in paragraphs 3 or 4 or until the notification is_withdrawn at any_moment during that_procedure).
#h4.19.5c2#
3. ▷(For the Member_State having made the notification [referred_to] in paragraph_2, any_decision taken by the Council pursuant_to Article_4 shall, as_from the date of entry_into_force of the proposed measure, cease to apply to the extent considered necessary by the Council and under the conditions to be_determined in a decision of the Council [acting] by a qualified_majority on a proposal_from_the_Commission).
▷(That decision shall be_taken in_accordance_with the following_criteria: the Council shall seek to [retain] the widest_possible_measure of participation of the Member_State_concerned without seriously affecting the practical_operability of the various_parts of the Schengen_acquis, while respecting their_coherence).
▷(The Commission [shall submit] its_proposal as soon as possible after the notification [referred_to] in paragraph_2).
▷(The Council [shall, if needed after convening two_successive meetings, act] within four months of the Commission_proposal).
#h4.19.5c3#
4. ▷(If, by the end of the period of four months, the Council has not_adopted a decision, a Member_State may, without delay, request that the matter be_referred to the European_Council).
▷(In that_case, the European_Council shall, at its_next meeting, [acting] by a qualified_majority on a proposal_from_the_Commission, take a decision in_accordance_with the criteria [referred_to] in paragraph_3).
#h4.19.5c4#
5. ▷(If, by the end of the procedure [set_out] in paragraphs 3 or 4, the Council or, as the case may be, the European_Council has not_adopted its_decision, the suspension of the procedure for adopting the measure building upon the Schengen_acquis_shall be_terminated).
▷(If the said measure is subsequently adopted any_decision taken by the Council pursuant_to Article_4 shall, as_from the date of entry_into_force of that_measure, cease to apply for the Member_State_concerned to the extent and under the conditions decided by the Commission, unless the said Member_State has_withdrawn its_notification [referred_to] in paragraph_2 before the adoption of the measure).
▷(The Commission [shall act] by the date of this_adoption).
▷(When taking its_decision, the Commission shall respect the criteria [referred_to] in paragraph_3).
#h4.19.5c5#
▷(The Republic_of Iceland and the Kingdom_of_Norway shall be_associated with the implementation of the Schengen_acquis and its_further development).
▷(Appropriate procedures shall be_agreed to that effect in an_Agreement to be_concluded with those_States by the Council, [acting] by the unanimity of its_Members mentioned in Article_1. Such_Agreement shall include provisions on the contribution of Iceland and Norway to any_financial_consequences resulting from the implementation of this_Protocol).
#h4.19.6c1#
▷(A separate Agreement shall be_concluded with Iceland and Norway by the Council, [acting] unanimously, for the establishment of rights and obligations between Ireland and the United_Kingdom_of_Great_Britain and_Northern_Ireland on the one hand, and Iceland and Norway on the other, in domains of the Schengen_acquis which apply to these States). #h4.19.6c2#
▷(For the purposes of the negotiations for the admission of new Member_States into the European_Union, the Schengen_acquis and further measures taken by the institutions within its_scope [shall be_regarded] as an_acquis which must be_accepted in full by all_States candidates for admission). #h4.19.7c1#
▷(THE HIGH_CONTRACTING_PARTIES,
DESIRING to settle certain questions relating to the United_Kingdom and Ireland,
HAVING REGARD to the existence for many_years of special_travel_arrangements between the United_Kingdom and Ireland,
([HAVE_AGREED] (UPON the following_provisions, which shall be_annexed to the Treaty_on_the_European_Union and the Treaty_on_the_Functioning_of_the_European_Union:
#h4.20c1#
▷(The United_Kingdom shall be_entitled, notwithstanding Articles_26_and_77_of_the_Treaty_on_the_Functioning_of_the_European_Union, any_other_provision of that_Treaty or of the Treaty_on_the_European_Union, any_measure adopted under those_Treaties, or any_international_agreement concluded by the_Union or by the_Union and its_Member_States with (one or more) third_States, to exercise at its_frontiers with other_Member_States such_controls on persons seeking to enter the United_Kingdom as it may consider necessary for the purpose:
(a) (of [verifying] the right to enter the United_Kingdom of citizens of Member_States and of their_dependants exercising rights conferred by Union_law, as_well_as citizens of other_States on whom such_rights have_been_conferred by an_agreement by which the United_Kingdom is_bound); and
(b) (of [determining] (whether or not) to [grant] other_persons permission to enter the United_Kingdom)).
#h4.20.1c1#
▷(Nothing in Articles_26_and_77_of_the_Treaty_on_the_Functioning_of_the_European_Union or in (any_other_provision of (that_Treaty or of the Treaty_on_the_European_Union)) or in (any_measure [adopted] under them) [shall prejudice] the right of the United_Kingdom to [adopt or exercise] any_such_controls).
▷(References to the United_Kingdom in this_Article shall include territories for whose_external_relations the United_Kingdom is_responsible).
#h4.20.1c2#
▷(The United_Kingdom and Ireland may continue_to_make arrangements between themselves relating to the movement of persons between their_territories ("the Common Travel Area"), while fully respecting the rights of persons [referred_to] in Article_1, first_paragraph, point (a) of this_Protocol).
▷(Accordingly, as_long_as they maintain such_arrangements, the provisions of Article_1 of this_Protocol [shall apply] to Ireland under the same_terms and conditions as for the United_Kingdom).
▷(Nothing in Articles_26_and_77_of_the_Treaty_on_the_Functioning_of_the_European_Union, in any_other_provision of that_Treaty or of the Treaty_on_the_European_Union or in any_measure adopted under them, shall affect any_such_arrangements).
#h4.20.2c1#
▷(The other_Member_States shall be_entitled to exercise at their_frontiers or at any_point of entry into their_territory such_controls on persons seeking to enter their_territory from the United_Kingdom or any_territories whose_external_relations are under its_responsibility for the same_purposes stated in Article_1 of this_Protocol, or from Ireland as_long_as the provisions of Article_1 of this_Protocol apply to Ireland). #h4.20.3c1#
▷(Nothing in Articles_26_and_77_of_the_Treaty_on_the_Functioning_of_the_European_Union or in any_other_provision of that_Treaty or of the Treaty_on_the_European_Union or in any_measure adopted under them shall prejudice the right of the other_Member_States to adopt or exercise any_such_controls). #h4.20.3c2#
▷(THE HIGH_CONTRACTING_PARTIES,
DESIRING to settle certain questions relating to the United_Kingdom and Ireland,
HAVING REGARD to the Protocol_on_the_application of certain aspects of Article_26_of_the_Treaty_on_the_Functioning_of_the_European_Union to the United_Kingdom and to Ireland,
([HAVE_AGREED] (UPON the following_provisions, which shall be_annexed to the Treaty_on_the_European_Union and the Treaty_on_the_Functioning_of_the_European_Union:
#h4.21c1#
▷(Subject to Article_3, the United_Kingdom and Ireland shall not_take_part in the adoption by the Council of proposed measures pursuant_to Title_V 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 representatives of the governments of the United_Kingdom and Ireland, shall be_necessary for decisions of the Council which must be_adopted unanimously).
#h4.21.1c1#
▷(For the purposes of this_Article, a qualified_majority [shall be_defined] in_accordance_with Article_238.3_of_the_Treaty_on_the_Functioning_of_the_European_Union). #h4.21.1c2#
▷(In consequence of Article_1 and subject to Articles (3, 4 and 6), (none of the provisions of Title_V 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 interpreting any_such_provision or measure shall be_binding upon or applicable in (the United_Kingdom or Ireland); and no_such_(provision, measure or decision) shall in any_way affect (the competences, rights and obligations) of those_States; and no_such_(provision, measure or decision) shall in any_way affect the Community or Union acquis nor form part of Union_law as they [apply] to (the United_Kingdom or Ireland)). #h4.21.2c1#
1. ▷((the United_Kingdom or Ireland) [may notify] the President_of_the_Council in writing, within three_months after a proposal or initiative has_been_presented to the Council pursuant_to Title_V of Part_Three of the Treaty_on_the_Functioning_of_the_European_Union, that it wishes to take_part in the adoption and application of any_such_proposed measure, whereupon that State shall be_entitled to do so).
▷(The unanimity of the members_of_the_Council, with the exception of a member which has not_made such_a_notification, shall be_necessary for decisions of the Council which must be_adopted unanimously).
▷(A measure adopted under this_paragraph shall be_binding upon all_Member_States which{MS} took part in its_adoption).
#h4.21.3c1#
▷(Measures adopted pursuant_to Article_70_of_the_Treaty_on_the_Functioning_of_the_European_Union shall lay_down the conditions for the participation of the United_Kingdom and Ireland in the evaluations concerning the areas covered by Title_V of Part_Three of that_Treaty). #h4.21.3c2#
▷(For the purposes of this_Article, a qualified_majority [shall be_defined] in_accordance_with Article_238.3_of_the_Treaty_on_the_Functioning_of_the_European_Union). #h4.21.3c3#
2. ▷(If after a reasonable_period of time a measure [referred_to] in paragraph_1 [cannot_be_adopted] with (the United_Kingdom or Ireland) taking_part, the Council may adopt such_measure in_accordance_with Article_1 without the participation of (the United_Kingdom or Ireland)).
▷((In that_case) (Article_2) [applies]).
#h4.21.3c4#
▷((the United_Kingdom or Ireland) may at any_time after the adoption of a measure by the Council pursuant_to Title_V of Part_Three of the Treaty_on_the_Functioning_of_the_European_Union notify its_intention to the Council and to the Commission that it wishes to accept that measure).
▷(In that_case, the procedure [provided_for] in Article_331.1_of_the_Treaty_on_the_Functioning_of_the_European_Union [shall apply] mutatis_mutandis).
#h4.21.4c1#
1. ▷(The provisions of this_Protocol apply for the United_Kingdom and Ireland also to measures proposed or adopted pursuant_to Title_V of Part_Three of the Treaty_on_the_Functioning_of_the_European_Union amending an_existing measure by which they are bound). #h4.21.4aC1#
2. ▷(However, (in cases where{cases} 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{Cn} [may urge] them{UK&I} (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{Cn}_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_238.3.a of the Treaty_on_the_Functioning_of_the_European_Union).
#h4.21.4aC2#
3. ▷(The Council, [acting] by a qualified_majority on a proposal_from_the_Commission, may determine that (the United_Kingdom or Ireland) shall bear the direct financial_consequences, if any, necessarily and unavoidably incurred as a result of the cessation of its_participation in the existing measure). #h4.21.4aC3#
4. ▷(This_Article shall be without prejudice to Article_4). #h4.21.4aC4#
▷(A Member_State which{MS} is_not_bound by a measure adopted pursuant_to Title_V of Part_Three of the Treaty_on_the_Functioning_of_the_European_Union shall bear no_financial_consequences of that_measure other than administrative_costs [entailed] for the institutions, unless all_members of the Council, [acting] unanimously after consulting the European_Parliament, decide otherwise). #h4.21.5c1#
▷(Where, in cases [referred_to] in this_Protocol, (the United_Kingdom or Ireland) is_bound by a measure adopted by the Council pursuant_to Title_V of Part_Three of the Treaty_on_the_Functioning_of_the_European_Union, the relevant provisions of the_Treaties [shall apply] to that State in_relation_to that measure). #h4.21.6c1#
The United_Kingdom and Ireland shall not_be_bound by the rules [laid_down] on the basis of Article_16_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_V 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).
#h4.21.6aC1#
▷(Articles 3, 4 and 4a shall be without prejudice to the Protocol_on_the_Schengen_acquis_integrated into the framework of the European_Union). #h4.21.7c1#
▷(Ireland [may notify] the Council in writing that it no_longer wishes to be_covered by the terms of this_Protocol).
▷(In that_case, the normal_treaty_provisions [will_apply] to Ireland).
#h4.21.8c1#
▷(With_regard_to Ireland, this_Protocol [shall not_apply] to Article_75_of_the_Treaty_on_the_Functioning_of_the_European_Union). #h4.21.9c1#
▷(THE HIGH_CONTRACTING_PARTIES,
([RECALLING] (the Decision (of (the Heads_of_State_or_Government, ([meeting] (within the European_Council) at Edinburgh on 12_December_1992))), ([concerning] (certain problems [raised] (by Denmark) (on the Treaty_on_the_European_Union))))),
(HAVING_NOTED the position of Denmark with_regard_to Citizenship, Economic_and_Monetary_Union, Defence Policy and Justice and Home_Affairs as [laid_down] in the Edinburgh_Decision),
CONSCIOUS of the fact that (a continuation under the_Treaties of the legal_regime [originating] in the Edinburgh_decision) [will significantly limit] Denmark's_participation in (important_areas of cooperation_of_the_Union), and that it [would_be] in the best_interest_of_the_Union to ensure the integrity of the acquis in (the area of freedom_security_and_justice),
([WISHING] therefore to [establish] a legal_framework that will_provide an_option for Denmark to participate in the adoption of measures proposed on the basis of (Title_V of Part_Three of the Treaty_on_the_Functioning_of_the_European_Union) and ([welcoming] the intention of Denmark to avail (itself) of this_option when possible in_accordance_with its_constitutional_requirements)),
NOTING that Denmark will_not_prevent the other_Member_States from further developing their_cooperation with_respect_to measures not_binding on Denmark,
[BEARING IN MIND] Article_3_of_the_Protocol_on_the_Schengen_acquis_integrated into the framework of the European_Union,
([HAVE_AGREED] (UPON the following_provisions, which shall be_annexed to the Treaty_on_the_European_Union and the Treaty_on_the_Functioning_of_the_European_Union: PART_I Article_1 -- Denmark shall not_take_part in the adoption by the Council of proposed measures pursuant_to Title_V 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 decisions of the Council which must be_adopted unanimously).
#h4.22c1#
For the purposes of this_Article, a qualified_majority [shall be_defined] in_accordance_with Article_238.3_of_the_Treaty_on_the_Functioning_of_the_European_Union).
#h4.22.1.1c1#
▷(None of the provisions of Title_V 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{acts} [are_amended])) [shall continue_to_be (binding_upon and (applicable to Denmark)) unchanged]).
#h4.22.1.2c1#
▷(Article_2 of this_Protocol [shall also apply] in respect of those_rules [laid_down] on the basis of Article_16_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_V of Part_Three of that_Treaty). #h4.22.1.2aC1#
▷(Denmark shall bear no_financial_consequences of measures [referred_to] in Article_1, other than administrativecosts [entailed] for the institutions). #h4.22.1.3c1#
1. ▷(Denmark shall decide within a period of six_months after the Council has decided on a proposal or initiative to build upon the Schengen_acquis_covered by this_Part, whether it will_implement this_measure in its_national_law).
▷(If it decides to do so, this_measure will_create an_obligation under international_law between Denmark and the other_Member_States bound by the measure).
#h4.22.1.4c1#
2. ▷(If Denmark decides not to implement a measure of the Council as [referred_to] in paragraph_1, the Member_States bound by that measure and Denmark will_consider appropriate_measures to be_taken). #h4.22.1.4c2#
▷(With_regard_to measures adopted by the Council pursuant_to Article_26.1, Article_42 and Articles 43 to 46 of the Treaty_on_the_European_Union, Denmark does_not_participate in the elaboration and the implementation of decisions and actions_of_the_Union which have defence implications).
▷(Therefore Denmark shall not_participate in their_adoption).
▷(Denmark will_not_prevent the other_Member_States from further developing their_cooperation in this_area).
▷(Denmark shall not_be_obliged to contribute to the financing of operational expenditure arising from such_measures, nor to make military_capabilities available to the_Union).
#h4.22.2.1c1#
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).
#h4.22.2.1c2#
▷(For the purposes of this_Article, a qualified_majority [shall be_defined] in_accordance_with Article_238.3_of_the_Treaty_on_the_Functioning_of_the_European_Union). #h4.22.2.1c3#
▷(Articles 1, 2 and 3 [shall not_apply] to ((measures [determining] the third_countries (whose_nationals [must be] in (possession of a visa (when crossing the external_borders of the Member_States)))), or (measures relating to a uniform format for visas))). #h4.22.3.1c1#
▷(At any_time Denmark may, in_accordance_with its_constitutional_requirements, inform the other_Member_States that it no_longer wishes to avail (itself) of all or part of this_Protocol).
▷(In that_event, Denmark will_apply in full all_relevant measures then in force taken within the framework of the European_Union).
#h4.22.4.1c1#
1. ▷(At any_time and without prejudice to Article_7, Denmark may, in_accordance_with its_constitutional_requirements, notify the other_Member_States that, with effect from the first_day of the month following the notification, Part I shall consist of the provisions in the Annex).
▷((In that_case) (Articles 5 to 8) [shall be_renumbered] in consequence).
#h4.22.4.2c1#
2. ▷(Six months after the date on which the notification [referred_to] in paragraph_1 takes effect all_Schengen acquis and measures adopted to build upon this_acquis, which until then have_been_binding on Denmark as obligations under international_law, shall be_binding upon Denmark as Union_law). #h4.22.4.2c2#
▷(Subject to Article_3, Denmark shall not_take_part in the adoption by the Council of measures proposed pursuant_to Title_V 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).
#h4.22.5.1c1#
▷(For the purposes of this_Article, a qualified_majority [shall be_defined] in_accordance_with Article_238.3_of_the_Treaty_on_the_Functioning_of_the_European_Union). #h4.22.5.1c2#
▷(Pursuant to Article_1 and subject to Articles 3, 4 and 8, none of the provisions in Title_V 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). #h4.22.5.2c1#
1. ▷(Denmark [may notify] the President_of_the_Council in writing, within three_months after a proposal or initiative has_been_presented to the Council pursuant_to Title_V of Part_Three of the Treaty_on_the_Functioning_of_the_European_Union, that it wishes to take_part in the adoption and application of any_such_proposed measure, whereupon Denmark shall be_entitled to do so). #h4.22.5.3c1#
2. ▷(If after a reasonable_period of time a measure [referred_to] in paragraph_1 [cannot_be_adopted] with Denmark taking_part, the Council may adopt that measure [referred_to] in paragraph_1 in_accordance_with Article_1 without the participation of Denmark).
▷(In that_case Article_2
applies).
#h4.22.5.3c2#
▷(Denmark may at any_time after the adoption of a measure pursuant_to Title_V 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_331.1 of that_Treaty [shall apply] mutatis_mutandis).
#h4.22.5.4c1#
1. ▷(The provisions of this_Protocol apply for Denmark also to measures proposed or adopted pursuant_to Title_V of Part_Three of the Treaty_on_the_Functioning_of_the_European_Union amending an_existing measure by which it is_bound). #h4.22.5.5c1#
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{Cn} may urge it{Denmark} 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_238.3.a of the Treaty_on_the_Functioning_of_the_European_Union).
#h4.22.5.5c2#
3. ▷(The Council, [acting] by a qualified_majority on a proposal_from_the_Commission, may determine that Denmark shall bear the direct financial_consequences, if any, necessarily and unavoidably incurred as a result of the cessation of its_participation in the existing measure). #h4.22.5.5c3#
4. ▷(This_Article shall be without prejudice to Article_4). #h4.22.5.5c4#
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).
#h4.22.5.6c1#
2. ▷(A notification pursuant_to Article_3 with_respect_to a measure building upon the Schengen_acquis_shall be_deemed irrevocably to be_a_notification pursuant_to Article_3 with_respect_to any_further proposal or initiative aiming to build upon that measure to the extent that such_proposal or initiative builds upon the Schengen_acquis). #h4.22.5.6c2#
▷(Denmark [shall not_be_bound] by the rules [laid_down] on the basis of Article_16_of_the_Treaty_on_the_Functioning_of_the_European_Union (which{A}) [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_V 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). #h4.22.5.7c1#
▷(Where, in cases [referred_to] in this_Part, Denmark is_bound by a measure adopted by the Council pursuant_to Title_V 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). #h4.22.5.8c1#
▷(Where Denmark is_not_bound by a measure adopted pursuant_to Title_V 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). #h4.22.5.9c1#
▷(THE HIGH_CONTRACTING_PARTIES,
TAKING INTO ACCOUNT the need of the Member_States to ensure effective controls at their_external_borders, in cooperation with third_countries where appropriate,
([HAVE_AGREED] (UPON the following_provisions, which shall be_annexed to the Treaty_on_the_European_Union and to the Treaty_on_the_Functioning_of_the_European_Union:
The provisions on the measures on the crossing_of_external_borders included in Article_77.2.b of the Treaty_on_the_Functioning_of_the_European_Union shall be without prejudice to the competence of Member_States to negotiate or conclude agreements with third_countries as_long_as they respect Union_law and other_relevant international_agreements).
#h4.23c1#
▷(THE HIGH_CONTRACTING_PARTIES,
WHEREAS, in_accordance_with Article_6.1_of_the_Treaty_on_the_European_Union, the_Union recognises the rights, freedoms and principles [set_out] in the Charter of Fundamental Rights,
WHEREAS pursuant_to Article_6.3_of_the_Treaty_on_the_European_Union, fundamental_rights, as guaranteed by the European_Convention_for_the_Protection_of_Human_Rights_and_Fundamental_Freedoms, constitute part_of_the_Union's_law as general_principles,
WHEREAS the Court_of_Justice_of_the_European_Union has_jurisdiction to ensure that in the interpretation and application of Article_6, paragraphs (1) and (3) of the Treaty_on_the_European_Union the law is_observed by the European_Union,
WHEREAS pursuant_to Article_49_of_the_Treaty_on_the_European_Union any_European_State, when applying to become a Member_of_the_Union, must respect the values [set_out] in Article_2_of_the_Treaty_on_the_European_Union,
[BEARING IN MIND] that Article_7_of_the_Treaty_on_the_European_Union establishes a mechanism for the suspension of certain rights in the event of a serious and persistent breach by a Member_State of those_values,
([RECALLING] that each_national_of_a_Member_State, as a citizen_of_the_Union, [enjoys] a special_status and protection (which [shall be_guaranteed] by the Member_States in_accordance_with (the provisions of Part Two of the Treaty_on_the_Functioning_of_the_European_Union))),
[BEARING IN MIND] that the_Treaties establish an_area without internal_frontiers and grant every_citizen_of_the_Union the right to move and reside freely within the territory of the Member_States,
([WISHING] (to [prevent] (the institution of asylum being_resorted_to) (for purposes alien to those{purposes} for which{purposes} it{asylum} is_intended))),
WHEREAS this_Protocol respects the finality and the objectives_of_the_Geneva_Convention of 28_July_1951 relating to the status of refugees,
([HAVE_AGREED] (UPON the following_provisions, which shall be_annexed to the Treaty_on_the_European_Union and to the Treaty_on_the_Functioning_of_the_European_Union:
#h4.24c1#
▷((Given the level of protection of fundamental_rights and freedoms by the Member_States of the European_Union), Member_States [shall be_regarded] as constituting safe_countries of origin in respect of each_other for all_(legal and practical)_purposes in_relation_to asylum_matters).
▷(Accordingly, any_application for asylum made by a national_of_a_Member_State may be_taken into consideration or declared admissible for processing by another_Member_State only in the following_cases:
(a) if (the Member_State of (which{MS}) the applicant is a national) [proceeds] after the entry_into_force of the Treaty of Amsterdam, (availing (itself) of the provisions of Article_15_of_the_European_Convention_for_the_Protection_of_Human_Rights_and_Fundamental_Freedoms), to [take] measures derogating in its_territory from its_obligations under that Convention;
(b) if the procedure referred to Article_7.1_of_the_Treaty_on_the_European_Union has_been_initiated and until the Council, or, where appropriate, the European_Council, takes a decision in respect thereof with_regard_to the Member_State of which the applicant is a national;
(c) if the Council has adopted a decision in_accordance_with Article_7.1_of_the_Treaty_on_the_European_Union in respect of the Member_State of which the applicant is a national or if the European_Council has adopted a decision in_accordance_with Article_7.2 of that_Treaty in respect of the Member_State of which the applicant is a national;
(d) if a Member_State should so decide unilaterally in respect of the application of a national of another_Member_State;
in that_case the Council shall be_immediately informed;
the_application shall be_dealt with on the basis of the presumption that it [is manifestly unfounded] without affecting in any_way, whatever_the_cases may be, the decision_making power of the Member_State).
#h4.24.1c1#
▷(THE HIGH_CONTRACTING_PARTIES,
([HAVE_AGREED] (UPON the following_provisions, (which{provisions} [shall be_annexed] to the Treaty_on_the_European_Union and to the Treaty_on_the_Functioning_of_the_European_Union):
#h4.25c1#
With reference to Article_2_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). #h4.25.1c1#
▷(THE HIGH_CONTRACTING_PARTIES,
([WISHING] (to [emphasise] the importance of services of general_interest)),
([HAVE_AGREED] (UPON the following_interpretative_provisions, (which{provision} [shall be_annexed] to the Treaty_on_the_European_Union and to the Treaty_on_the_Functioning_of_the_European_Union))):
#h4.26c1#
▷(The shared values_of_the_Union in respect of services of general_economic_interest within the meaning of Article_14_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).
#h4.26.1c1#
▷(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). #h4.26.2c1#
▷(THE HIGH_CONTRACTING_PARTIES,
(CONSIDERING that (the internal_market as [set_out] in Article_3_of_the_Treaty_on_the_European_Union) [includes] (a system ensuring that competition is_not_distorted)),
HAVE_AGREED that:
#h4.27c1#
▷(To this_end, the_Union [shall, if necessary, take action] under the provisions of the_Treaties, including under Article_352_of_the_Treaty_on_the_Functioning_of_the_European_Union). #h4.27c2#
▷(This_protocol shall be_annexed to the Treaty_on_the_European_Union and to the Treaty_on_the_Functioning_of_the_European_Union). #h4.27c3#
▷(THE HIGH_CONTRACTING_PARTIES,
([RECALLING] that Article_3_of_the_Treaty_on_the_European_Union includes the objective of promoting (economic, social and territorial)_(cohesion and solidarity) between Member_States and that the said_cohesion figures among the areas of shared_competence_of_the_Union listed in Article_4.2.c of the Treaty_on_the_Functioning_of_the_European_Union),
[RECALLING] that the provisions of Part_Three, Title XVIII, on economic, social and territorial cohesion as a whole provide the legal_basis for consolidating and further developing the_Union's_action in the field of economic, social and territorial cohesion, including (the creation of a new fund),
[RECALLING] that the provisions of Article_177_of_the_Treaty_on_the_Functioning_of_the_European_Union envisage setting_up a Cohesion_Fund,
NOTING that (the European_Investment_Bank [is_lending] (large and increasing amounts) (for the benefit of the poorer_regions)),
(NOTING the desire for greater flexibility in the arrangements for allocations from the Structural_Funds),
NOTING the desire for modulation of the levels of Union participation in programmes and projects in certain countries,
NOTING the proposal to take greater account of the relative prosperity of Member_States in the system_of_own_resources,
REAFFIRM that the promotion of economic, social and territorial cohesion is_vital to the full development and enduring success_of_the_Union,
REAFFIRM their_conviction that the Structural_Funds should continue_to_play a considerable part in the achievement of Union objectives in the field of cohesion,
([REAFFIRM] their_conviction (that ((the European_Investment_Bank [should_continue_to_devote] the majority of its_resources to the promotion of (economic, social and territorial)_cohesion), and ([declare] their_willingness to review the capital_needs of the European_Investment_Bank as soon as this_is_necessary for that_purpose)))),
AGREE that the Cohesion_Fund will_provide Union financial contributions to projects in the fields of environment and trans_European_networks in Member_States with a per capita GNP of less than (90 %_of_the_Union_average) which have a programme leading to the fulfilment of the conditions of economic_convergence as [set_out] in Article_126,
([DECLARE] their_intention of allowing a greater margin of flexibility in allocating financing from the Structural_Funds to specific_needs not_covered under the present Structural_Funds regulations),
([DECLARE] their_willingness to modulate the levels of Union participation in the context of programmes and projects of the Structural_Funds, with a view to avoiding excessive increases in budgetary expenditure in the less prosperous Member_States),
RECOGNISE the need to monitor regularly the progress made towards achieving economic, social and territorial cohesion and state their_willingness to study all_necessary_measures in this_respect,
([DECLARE] their_intention of taking greater account of the contributive capacity of individual Member_States in the system_of_own_resources, and of examining_means of correcting, for the less prosperous Member_States, regressive elements existing in the present own_resources_system,
AGREE to annex this_Protocol to the Treaty on the European_Union and the Treaty_on_the_Functioning_of_the_European_Union).
#h4.28c1#
▷(THE HIGH_CONTRACTING_PARTIES,
(CONSIDERING that the system_of_public_broadcasting in the Member_States [is directly related] to the (democratic, social and cultural)_needs of each_society and to the need to preserve media pluralism),
([HAVE_AGREED] (UPON the following_interpretive_provisions, which shall be_annexed to the Treaty_on_the_European_Union and to the Treaty_on_the_Functioning_of_the_European_Union:
#h4.29c1#
The provisions of the_Treaties shall be without prejudice to the competence of Member_States to provide for the funding of public_service_broadcasting and in_so_far_as such_funding is_granted to broadcasting_organisations for the fulfilment of the public_service remit as conferred, defined and organised by each_Member_State, and in_so_far_as such_funding does_not_affect trading_conditions and competition in the_Union to an_extent which [would_be] contrary to the common_interest, while the realisation of the remit of that_public_service shall be_taken into account).
#h4.29c2#
▷(THE HIGH_CONTRACTING_PARTIES,
WHEREAS in Article_6_of_the_Treaty_on_the_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_the_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_the_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_the_European_Union and to the Treaty_on_the_Functioning_of_the_European_Union:
#h4.30c1#
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). #h4.30.1c1#
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). #h4.30.1c2#
▷(To the extent that (a provision of the Charter [refers] to (national_laws and practices)), (it{provision}) [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). #h4.30.2c1#
▷(THE HIGH_CONTRACTING_PARTIES,
BEING DESIROUS of giving fuller details about the system of trade applicable to imports into the European_Union of petroleum_products refined in the Netherlands_Antilles,
([HAVE_AGREED] (UPON the following_provisions, which shall be_annexed to the Treaty_on_the_European_Union and to the Treaty_on_the_Functioning_of_the_European_Union:
#h4.31c1#
▷(This{31}_Protocol [is_applicable] (to petroleum_products (coming under the Brussels_Nomenclature numbers 27.10, 27.11, 27.12, ex 27.13 (paraffin wax, ((petroleum or shale) wax) and (paraffin residues)) and 27.14), ([imported] (for use in Member_States)))). #h4.31.1c1#
▷(Member_States shall undertake to grant to petroleum_products refined in the Netherlands_Antilles the tariff preferences resulting from the association of the latter with the_Union, under the conditions [provided_for] in this_Protocol).
▷(These_provisions [shall hold] good whatever may be the rules of origin applied by the Member_States).
#h4.31.2c1#
1. ▷(When the Commission, at the request of a Member_State or on its_own initiative, establishes that imports into the_Union of petroleum_products refined in the Netherlands_Antilles under the system [provided_for] (in Article_2) (above) are_giving rise to real_difficulties on the market of (one or more) Member_States, it shall decide that customs_duties on the said_imports [shall be_introduced, increased or re_introduced] by the Member_States in question, to such_an_extent and for such_a_period as may be_necessary to meet that situation).
▷(The rates of the customs_duties thus introduced, increased or re_introduced may not_exceed the customs_duties applicable to third_countries for these same_products).
#h4.31.3c1#
2. ▷(The provisions of paragraph_1 [can in any_case be_applied] when imports into the_Union of petroleum_products refined in the Netherlands_Antilles reach_two million_metric tons a year). #h4.31.3c2#
3. ▷(The Council shall be_informed of decisions taken by the Commission in pursuance of paragraphs 1 and 2, including those directed at rejecting the request of a Member_State).
▷(The Council shall, at the request of any_Member_State, assume responsibility for the matter and may at any_time amend or revoke them.
#h4.31.3c3#
1. ▷(If a Member_State considers that imports of petroleum_products refined in the Netherlands_Antilles, made either directly or through another_Member_State under the system [provided_for] in Article_2 above, are giving rise to real difficulties on its_market and that immediate action is_necessary to meet them, it may on its_own initiative decide to apply customs_duties to such_imports, the rate of which may not_exceed those of the customs_duties applicable to third_countries in respect of the same_products).
▷(It{MS} [shall notify] its{MS}_decision (to the Commission) (which{Cm} [shall decide] (within one_month) (whether (the measures taken by the State) [should_be_maintained or must be_amended or cancelled]))).
▷((The provisions of Article_3.3) [shall be_applicable] to such_decision of the Commission).
#h4.31.4c1#
2. ▷(When the quantities of petroleum_products refined in the Netherlands_Antilles imported either directly or through another_Member_State, under the system [provided_for] in Article_2
above, into a Member_State or States of the European_Union exceed during a calendar year the tonnage shown in the Annex to this_Protocol, the measures taken in pursuance of paragraph_1 by that or those_Member_States for the current year shall be_considered to be_justified; the Commission shall, after assuring (itself) that the tonnage fixed [has_been_reached], formally record the measures [taken]).
▷(In such_a_case the other_Member_States shall abstain from formally [placing] the matter before the Council).
#h4.31.4c2#
▷(If the_Union decides to apply quantitative_restrictions to petroleum_products, no_matter whence they are imported, these restrictions [may also be_applied] to imports of such_products from the Netherlands_Antilles).
▷(In such_a_case preferential treatment shall be_granted to the Netherlands_Antilles as compared with third_countries).
#h4.31.5c1#
1. ▷(The provisions of Articles 2 to 5 shall be_reviewed by the Council, by unanimous decision, after consulting the European_Parliament and the Commission, when a common_definition of origin for petroleum_products from third_countries and associated countries is_adopted, or when decisions are_taken within the framework of a common_commercial_policy for the products in question or when a common_energy policy is_established). #h4.31.6c1#
2. ▷(When such_revision is_made, however, equivalent preferences must in any_case be_maintained in favour of the Netherlands_Antilles in a suitable_form and for a minimum quantity of 21 ½ million_metric tons of petroleum_products). #h4.31.6c2#
3. ▷((The_Union's_commitments in regard to equivalent_preferences (as mentioned in paragraph_2 of this_Article)) [may, if necessary, be_broken_down] (country by country) taking_into_account (the tonnage indicated in (the Annex to this_Protocol))). #h4.31.6c3#
▷(For the implementation of this_Protocol, the Commission is_responsible for following the pattern of imports into the Member_States of petroleum_products refined in the Netherlands_Antilles).
▷(Member_States shall communicate to the Commission, which shall see that it is_circulated, all_useful information to that_end in_accordance_with the administrative conditions recommended by it).
#h4.31.7c1#
▷(ANNEX TO THE PROTOCOL #h4.31.7c2#
▷(For the implementation of Article_4.2 of the Protocol concerning imports into the European_Union of petroleum_products refined in the Netherlands_Antilles, the High_Contracting_Parties have decided that the quantity of 2 million_metric tons of petroleum_products from the Antilles shall be_allocated among the Member_States as follows:
Germany_… | 625000 metric tons |
Belgo_Luxembourg Economic Union … | 200000 metric tons |
France … | 75000 metric tons |
Italy … | 100000 metric tons |
Netherlands … | 1000000 metric tons |
#h4.31.7c3#
▷(THE HIGH_CONTRACTING_PARTIES,
DESIRING to settle certain particular problems relating to Denmark,
([HAVE_AGREED] (UPON the following_provisions, which shall be_annexed to the Treaty_on_the_European_Union and to the Treaty_on_the_Functioning_of_the_European_Union:
#h4.32c1#
NotWithstanding the provisions of the_Treaties, Denmark [may maintain] the existing_legislation on the acquisition of second_homes).
#h4.32c2#
▷(THE HIGH_CONTRACTING_PARTIES,
HAVE_AGREED upon the following_provision, which shall be_annexed to the Treaty_on_the_European_Union and to the Treaty_on_the_Functioning_of_the_European_Union:
#h4.33c1#
For the purposes of Article_157_of_the_Treaty_on_the_Functioning_of_the_European_Union, benefits_under occupational social_security schemes shall not_be_considered as remuneration if and in_so_far_as they are attributable to periods of employment prior to 17 May 1990, except in the case of workers or those claiming under them who have before that_date initiated legal_proceedings or introduced an_equivalent claim under the applicable national_law).
#h4.33c2#
Sole Article
#h4.34c1#
1. ▷((The treatment on import into the_Union of products subject to the common_organisation of the market in (fishery_products, originating in Greenland)), [shall, (while [complying] with the mechanisms of the internal_market_organisation), involve] exemption from (customs_duties and charges) having equivalent_effect and the absence of quantitative_restrictions or measures having equivalent_effect (if (the possibilities for access to (Greenland_fishing_zones) granted to the_Union pursuant_to an_agreement (between the_Union and the authority responsible for Greenland)) [are] (satisfactory to the_Union))). #h4.34c2#
2. ▷(All_measures relating to the import arrangements for such_products, including those relating to the adoption of such_measures, shall be_adopted in_accordance_with the procedure [laid_down] in Article_43_of_the_Treaty_establishing_the_European_Union). #h4.34c3#
▷(THE HIGH_CONTRACTING_PARTIES,
HAVE_AGREED upon the following_provision, which shall be_annexed to the Treaty_on_the_European_Union and to the Treaty_on_the_Functioning_of_the_European_Union and to the Treaty_establishing_the_European_Atomic_Energy_Community:
#h4.35c1#
((Nothing in the_Treaties, or in the Treaty_establishing_the_European_Atomic_Energy_Community, or in the_Treaties or Acts modifying or supplementing those_Treaties), [shall affect] (the application in Ireland of (Article_40.3.3 of the Constitution_of_Ireland))).
#h4.35c2#
▷(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_the_European_Union, to the Treaty_on_the_Functioning_of_the_European_Union and to the Treaty_establishing_the_European_Atomic_Energy_Community:
#h4.36c1#
▷(In this_Protocol, (the words "the_Treaties") [shall mean] (the Treaty_on_the_European_Union, the Treaty_on_the_Functioning_of_the_European_Union and the Treaty_establishing_the_European_Atomic_Energy_Community). #h4.36.1c1#
▷(In accordance_with the second_subparagraph of Article_14.2_of_the_Treaty_on_the_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). #h4.36.1.1c1#
▷(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). #h4.36.1.1c2#
1. ▷(In accordance_with Article_16.4_of_the_Treaty_on_the_European_Union, the provisions of that_paragraph and of Article_238.2_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). #h4.36.2.1c1#
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]).
#h4.36.2.1c2#
3. ▷(Until 31_October_2014, the following_provisions shall remain in force, without prejudice to the second_subparagraph of Article_235.1_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).
#h4.36.2.1c3#
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_238.3_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). #h4.36.2.1c4#
▷(Until the entry_into_force of the decision [referred_to] in the first_subparagraph of Article_16.6_of_the_Treaty_on_the_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). #h4.36.3.1c1#
▷(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).
#h4.36.4.1c1#
▷(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_240.2_of_the_Treaty_on_the_Functioning_of_the_European_Union).
#h4.36.5.1c1#
▷(Until the entry_into_force of the decision [referred_to] in Article_301_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 |
#h4.36.6.1c1#
▷(Until the entry_into_force of the decision [referred_to] in Article_305_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 |
#h4.36.6.2c1#
▷((The legal_effects of the acts of the institutions_bodies_offices_and_agencies_of_the_Union adopted on the basis of the Treaty_on_the_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_the_European_Union).
#h4.36.7.1c1#
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_258_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_the_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). #h4.36.7.2c1#
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]. #h4.36.7.2c2#
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). #h4.36.7.2c3#
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_238.3.a of the Treaty_on_the_Functioning_of_the_European_Union).
#h4.36.7.2c4#
▷(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). #h4.36.7.2c5#
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).
#h4.36.7.2c6#
▷(THE HIGH_CONTRACTING_PARTIES,
([RECALLING] (that (all_assets and liabilities of the European Coal and Steel Community), (as they{assets} existed on 23_July_2002), [were_transferred] to the European_Community on 24_July_2002)),
TAKING ACCOUNT of the desire to use these_funds for research in sectors [related] to the coal_and_steel_industry and therefore the necessity to [provide] for certain special_rules in this_regard,
([HAVE_AGREED] (UPON the following_provisions, which shall be_annexed to the Treaty_on_the_European_Union and to the Treaty_on_the_Functioning_of_the_European_Union:
#h4.37c1#
1. ▷(The net_worth of these_assets and liabilities, as they appear in the balance sheet of the ECSC of 23_July_2002, subject to any_increase or decrease which may occur as a result of the liquidation operations, shall be_considered as assets intended for research in the sectors [related] to the coal_and_steel_industry, [referred_to] as the "ECSC
in liquidation".
▷(On completion of the liquidation they shall be_referred_to as the "assets of the Research Fund for Coal and Steel".
#h4.37.1c1#
2. ▷(The revenue from these assets, [referred_to] as the "Research Fund for Coal and Steel", [shall be_used] (exclusively) for research, outside the research_framework_programme, in the sectors [related] to the coal_and_steel_industry in_accordance_with the provisions of this_Protocol and of acts [adopted] on the basis hereof{Protocol}). #h4.37.1c2#
▷(The Council, [acting] in_accordance_with a special_legislative_procedure and after obtaining the consent of the European_Parliament, [shall adopt] all_the_necessary_provisions for the implementation of this_Protocol, including essential_principles). #h4.37.2c1#
▷(The Council [shall adopt], on a proposal_from_the_Commission and after consulting the European_Parliament, measures establishing multiannual financial guidelines for managing the assets of the Research Fund for Coal and Steel and technical guidelines for the research programme of the Research Fund for Coal and Steel). #h4.37.2c2#
▷((Except as otherwise provided in this_Protocol and in the acts [adopted] on the basis hereof{Protocol}), (the provisions of the_Treaties) [shall apply]). #h4.37.3c1#
(1) | (2) | #h5.1c1#
No in the Brussels_nomenclature | Description of products | #h5.1c2#
Chapter_1 | Live animals | #h5.1c3#
Chapter_2 | Meat and edible meat offal | #h5.1c4#
Chapter_3 | Fish, crustaceans and molluscs | #h5.1c5#
Chapter_4 | Dairy produce; birds'_eggs; natural honey | #h5.1c6#
Chapter_5 | | 05.04 | Guts, bladders and stomachs of animals (other than fish), whole and pieces thereof | 05.15 | Animal products not_elsewhere specified or included; dead animals of Chapter_1 or Chapter_3, unfit for human consumption | #h5.1c7#
Chapter_6 | Live trees and other_plants; bulbs, roots and the like; cut flowers and ornamental foliage | #h5.1c8#
Chapter_7 | Edible vegetables and certain roots and tubers | #h5.1c9#
Chapter_8 | Edible fruit and nuts; peel of melons or citrus fruit | #h5.1c10#
Chapter_9 | Coffee, tea and spices, excluding mate (heading No 09.03) | #h5.1c11#
Chapter_10 | Cereals | #h5.1c12#
Chapter_11 | Products of the milling industry; malt and starches; gluten; inulin | #h5.1c13#
Chapter_12 | Oil seeds and oleaginous fruit; miscellaneous grains, seeds and fruit; industrial and medical plants; straw and fodder | #h5.1c14#
Chapter_13 | |
ex 13.03 | Pectin |
#h5.1c15#
Chapter_15 | | 15.01 | Lard and other_rendered pig fat; rendered poultry fat | 15.02 | Unrendered fats of bovine cattle, sheep or goats; tallow (including "premier jus") produced from those_fats | 15.03 | Lard stearin, oleostearin and tallow stearin; lard oil, oleo_oil and tallow oil, not_emulsified or mixed or prepared in any_way | 15.04 | Fats and oil, of fish and marine_mammals, (whether or not)_refined | 15.07 | Fixed vegetable oils, fluid or solid, crude, refined or purified | 15.12 | Animal or vegetable fats and oils, hydrogenated, whether or not_refined, but not_further prepared | 15.13 | Margarine, imitation lard and other_prepared edible fats | 15.17 | Residues resulting from the treatment of fatty substances or animal or vegetable_waxes | #h5.1c16#
Chapter_16 | Preparations of meat, of fish, of crustaceans or molluscs | #h5.1c17#
Chapter_17 | | 17.01 | Beet sugar and cane sugar, solid | 17.02 | Other sugars; sugar syrups; artificial honey (whether or not_mixed with natural honey); caramel | 17.03 | Molasses, whether or not_decolourised | 17.05 {*} | Flavoured or coloured sugars, syrups and molasses (including vanilla sugar or vanillin), with the exception of fruit juice containing added sugar in any_proportion | #h5.1c18#
Chapter_18 | | 18.01 | Cocoa beans, (whole or broken), raw or roasted | 18.02 | Cocoa shells, husks, skins and waste | #h5.1c19#
Chapter_20 | Preparations of vegetables, fruit or other_parts of plants | #h5.1c20#
Chapter_22 | | 22.04 | Grape must, in fermentation or with fermentation arrested otherwise than by the addition of alcohol | 22.05 | Wine of fresh grapes; grape must with fermentation arrested by the addition of alcohol | 22.07 | Other fermented beverages (for example, cider, perry and mead) | ex 22.08 {*} | Ethyl alcohol or neutral spirits, whether or not_denatured, of any_strength, obtained from agricultural_products listed in Annex_I excluding liqueurs and other_spirituous beverages and compound alcoholic preparations ([known] as "concentrated extracts") for the manufacture of beverages | ex 22.09 {*} | 22.10 {*} | Vinegar and substitutes for vinegar | #h5.1c21#
Chapter_23 | Residues and waste from the food industries; prepared animal fodder | #h5.1c22#
Chapter_24 | | 24.01 ▷| Unmanufactured_tobacco, tobacco refuse | #h5.1c23#
Chapter_45 | | 45.01 ▷| Natural cork, unworked, crushed, granulated or ground; waste_cork | #h5.1c24#
Chapter_54 | | 54.01 ▷| Flax, (raw or processed) but not_spun; flax tow and waste (including pulled or garnetted rags) | #h5.1c25#
Chapter_57 | | 57.01 | True hemp (Cannabis_sativa), raw or processed but not_spun; tow and waste of true hemp (including pulled or garnetted rags or ropes) | #h5.1c26#
{*} Entry added by Article_1 of Regulation No 7a of the Council of the European_Economic_Community of 18_December_1959 (OJ No 7, 30.1.1961, p). 71/61). #h5.1c27#
▷-- Greenland,
-- New_Caledonia and Dependencies,
-- French_Polynesia,
-- French Southern and Antarctic Territories,
-- Wallis_and_Futuna_Islands,
-- Mayotte,
-- Saint Pierre and Miquelon,
-- Aruba,
-- Netherlands_Antilles:
-- Bonaire,
-- Curac,ao,
-- Saba,
-- Sint Eustatius,
-- Sint Maarten,
-- Anguilla,
-- Cayman_Islands,
-- Falkland_Islands,
-- South_Georgia and the South_Sandwich_Islands,
-- Montserrat,
-- Pitcairn,
-- Saint_Helena and Dependencies,
-- British Antarctic Territory,
-- British Indian Ocean Territory,
-- Turks_and_Caicos_Islands,
-- British Virgin Islands,
-- Bermuda).
#h5.2c1#
▷annexed to the Final_Act of the Intergovernmental_Conference which adopted the Treaty_of_Lisbon, #h6c1#
signed on 13_December_2007
#h6c2#
▷(The Charter_of_Fundamental_Rights_of_the_European_Union, which [has] legally_binding_force, confirms the fundamental_rights guaranteed by the European_Convention_for_the_Protection_of_Human_Rights_and_Fundamental_Freedoms and as they result from the constitutional_traditions common to the Member_States). #h6.1.1c1#
▷(The Charter does_not_extend the field of application of Union_law beyond the powers_of_the_Union or establish any_new power or task for the_Union, or modify powers and tasks as defined by the_Treaties). #h6.1.1c2#
▷(The Conference [agrees] that the_Union's_accession to the European_Convention_for_the_Protection_of_Human_Rights_and_Fundamental_Freedoms should be_arranged in such_a_way as to preserve the specific_features of Union_law).
▷(In this_connection, (the Conference [notes] the existence of a regular_dialogue between the Court_of_Justice_of_the_European_Union and the European_Court_of_Human_Rights); (such_dialogue [could be_reinforced] when the_Union accedes to that Convention)).
#h6.1.2c1#
▷(The_Union will_take_into_account the particular_situation of small_sized countries which maintain specific_relations of proximity with it). #h6.1.3c1#
▷(The additional seat in the European_Parliament will_be_attributed to Italy). #h6.1.4c1#
▷(The European_Council will_give its_political_agreement on the revised draft_Decision on the composition_of_the_European_Parliament for the legislative_period_2009_2014, based on the proposal from the European_Parliament). #h6.1.5c1#
▷(In choosing the persons called_upon to hold the offices of President_of_the_European_Council, President of the Commission and High_Representative_of_the_Union for Foreign_Affairs and Security_Policy, due account is to be_taken of the need to respect the geographical and demographic diversity_of_the_Union and its_Member_States). #h6.1.6c1#
▷(The Conference [declares] that the decision relating to the implementation of Article_16.4_of_the_Treaty_on_the_European_Union and Article_238.2_of_the_Treaty_on_the_Functioning_of_the_European_Union will_be_adopted by the Council on the date of the signature of the Treaty_of_Lisbon and will_enter into force on the day that Treaty enters into force).
▷(The draft decision is_set_out below):
#h6.1.7c1#
(Draft decision of the Council
#h6.1.7c2#
relating to the implementation of Article_16.4_of_the_Treaty_on_the_European_Union and Article_238.2_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)
#h6.1.7c3#
▷(THE COUNCIL OF THE EUROPEAN_UNION, #h6.1.7c4#
Whereas:
(1) (Provisions [should_be_adopted] allowing for a smooth transition from the system for decision_making in the Council by a qualified_majority as [defined] in Article_3.3 of the Protocol_on_the_transitional_provisions, which will_continue_to_apply until 31_October_2014, to the voting system [provided_for] in Article_16.4_of_the_Treaty_on_the_European_Union and Article_238.2_of_the_Treaty_on_the_Functioning_of_the_European_Union, which [will_apply] with effect from 1_November_2014, including, during a transitional_period until 31_March_2017, specific_provisions [laid_down] in Article_3.2 of that_Protocol).
▷(2) (It [is_recalled] that it is the practice of the Council to [devote] every_effort to strengthening the democratic_legitimacy of (decisions [taken] by a qualified_majority)),
#h6.1.7c5#
[HAS_DECIDED] AS FOLLOWS):
#h6.1.7c6#
▷(From 1_November_2014 to 31_March_2017), (if members of the Council, representing:
(a) (at least) three_quarters of the population, or
(b) (at least) three_quarters of the number of Member_States
#h6.1.7.1.1c1#
necessary to constitute a blocking_minority resulting from the application of Article_16.4, first_subparagraph, of the Treaty_on_the_European_Union or Article_238.2_of_the_Treaty_on_the_Functioning_of_the_European_Union, indicate their_opposition to the Council adopting an_act by a qualified_majority), the Council [shall discuss] (the issue).
#h6.1.7.1.1c2#
▷(The Council [shall, (in (the course of these{above}_discussions)), do] all (in its_power) (to reach, ((within a reasonable_time) and (without prejudicing (obligatory_time_limits laid_down by Union_law))), a satisfactory_solution (to address (concerns [raised] by the members_of_the_Council [referred_to] in Article_1)))). #h6.1.7.1.2c1#
▷(To this_end, the President_of_the_Council, with the assistance of the Commission and in [compliance] with the Rules_of_Procedure of the Council, [shall undertake] any_initiative necessary to facilitate a wider_basis of agreement in the Council).
▷((The members of the Council) [shall lend] (him or her) (their_assistance).
#h6.1.7.1.3c1#
▷(As_from 1_April_2017, if members of the Council, representing:
(a) (at least) 55 % of the population, or
(b) (at least) 55 % of the number of Member_States
#h6.1.7.2.1c1#
necessary to constitute a blocking_minority resulting from the application of Article_16.4, first_subparagraph, of the Treaty_on_the_European_Union or Article_238.2_of_the_Treaty_on_the_Functioning_of_the_European_Union, indicate their_opposition to the Council adopting an_act by a qualified_majority, the Council shall discuss the issue).
#h6.1.7.2.1c2#
▷(The Council shall, in the course of these discussions, do all in its_power to reach, within a reasonable time and without prejudicing obligatory time limits laid_down by Union_law, a satisfactory solution to address concerns raised by the members_of_the_Council [referred_to] in Article_4). #h6.1.7.2.2c1#
▷(To this_end, the President_of_the_Council, with the assistance of the Commission and in [compliance] with the Rules_of_Procedure of the Council, [shall undertake] any_initiative necessary to facilitate a wider_basis of agreement in the Council).
▷(The members of the Council shall lend him or her their_assistance).
#h6.1.7.2.3c1#
▷(This_Decision [shall enter into force] on the date of the entry_into_force of the Treaty_of_Lisbon). #h6.1.7.3.1c1#
▷(In the event that the Treaty_of_Lisbon enters into force later than 1_January_2009, the Conference [requests] the competent_authorities of the Member_State holding the six_monthly_Presidency_of_the_Council at that time, on the one hand, and the person [elected] President_of_the_European_Council and the person [appointed] High_Representative_of_the_Union for Foreign_Affairs and Security_Policy, on the other_hand, to take the necessary_specific_measures, (in consultation with the following_six_monthly_Presidency), to [allow] an_efficient_handover of the (material and organisational)_aspects of the Presidency_of_the_European_Council and of the Foreign_Affairs_Council). #h6.1.8c1#
▷(The Conference declares that the Council [should_begin] preparing the decision establishing the procedures for implementing the decision on the exercise of the Presidency_of_the_Council as soon as the Treaty_of_Lisbon is_signed, and should give its_political approval within six_months).
▷(A draft decision of the European_Council, which will_be_adopted on the date of entry_into_force of the said_Treaty, is_set_out below:
#h6.1.9c1#
Draft decision of the European_Council
#h6.1.9c2#
on the exercise of the Presidency_of_the_Council
#h6.1.9c3#
1. ▷(The Presidency_of_the_Council, with the exception of the Foreign_Affairs configuration, shall be_held by pre_established groups of three_Member_States for a period of 18 months).
▷(The groups shall be_made up on a basis of equal rotation among the Member_States, taking_into_account their_diversity and geographical balance within the_Union).
#h6.1.9.1c1#
2. ▷(Each_member of the group shall in turn chair for a six_month_period all_configurations of the Council, with the exception of the Foreign_Affairs configuration).
▷(The other_members of the group shall assist the Chair in all_its_responsibilities on the basis of a common_programme).
▷(Members of the team may decide alternative arrangements among themselves.
#h6.1.9.1c2#
▷(The Committee of Permanent_Representatives_of_the_Governments of the Member_States shall be_chaired by a representative of the Member_State chairing the General_Affairs_Council). #h6.1.9.2c1#
▷(The Chair of the Political_and_Security_Committee shall be_held by a representative of the High_Representative_of_the_Union_for_Foreign_Affairs_and_Security_Policy). #h6.1.9.2c2#
▷(The chair of the preparatory_bodies of the various Council_configurations, with the exception of the Foreign_Affairs configuration, shall fall to the member of the group chairing the relevant configuration, unless decided otherwise in_accordance_with Article_4). #h6.1.9.2c3#
▷(The General_Affairs_Council shall ensure consistency and continuity in the work of the different_Council_configurations in the framework of multiannual programmes in cooperation with the Commission).
▷(The Member_States holding the Presidency shall take all_necessary_measures for the organisation and smooth operation of the Council's_work, with the assistance of the General_Secretariat_of_the_Council).
#h6.1.9.3c1#
▷(The Council [shall adopt] a decision establishing the measures for the implementation of this_decision). #h6.1.9.4c1#
▷(The Conference [considers] that when the Commission no_longer includes nationals of all_Member_States, the Commission should pay particular attention to the need to ensure full transparency in relations with all_Member_States).
▷(Accordingly, the Commission [should_liaise] closely with all_Member_States, whether or not_they have a national serving as member of the Commission, and in this_context pay special_attention to the need to share information and consult with all_Member_States).
#h6.1.10c1#
▷(The Conference also considers that the Commission should take all_the_necessary_measures to ensure that political, social and economic realities in all_Member_States, including those which have no_national serving as member of the Commission, are fully taken into account).
▷(These_measures should include ensuring that the position of those_Member_States is_addressed by appropriate_organisational arrangements).
#h6.1.10c2#
▷(The Conference considers that, in_accordance_with the provisions of the_Treaties, the European_Parliament and the European_Council are jointly responsible for the smooth running of the process leading to the election of the President_of_the_European_Commission).
▷(Prior to the decision of the European_Council, representatives of the European_Parliament and of the European_Council will_thus conduct the necessary_consultations in the framework deemed the most_appropriate).
▷(These_consultations will_focus on the backgrounds of the candidates for President of the Commission, taking_account of the elections to the European_Parliament, in_accordance_with the first_subparagraph of Article_17.7.
The arrangements for such_consultations may be_determined, in due course, by common_accord between the European_Parliament and the European_Council).
#h6.1.11c1#
1. ▷(The Conference [declares] that, in the course of the preparatory_work preceding the appointment of the High_Representative_of_the_Union_for_Foreign_Affairs_and_Security_Policy which is_due to take place on the date of entry_into_force of the Treaty_of_Lisbon in_accordance_with Article_18_of_the_Treaty_on_the_European_Union and Article_5_of_the_Protocol_on_transitional_provisions and whose_term_of_office will_be from that date until the end of the term_of_office of the Commission in office on that date, appropriate_contacts will_be_made with the European_Parliament). #h6.1.12c1#
2. ▷(Furthermore, the Conference [recalls] that, as_regards the High_Representative_of_the_Union_for_Foreign_Affairs_and_Security_Policy whose term_of_office [will_start] in November_2009 at the same_time and for the same_duration as the next Commission, (He or she) will_be_appointed in_accordance_with the provisions of Articles_17_and_18_of_the_Treaty_on_the_European_Union). #h6.1.12c2#
▷(The Conference [underlines] that the provisions in the Treaty_on_the_European_Union covering the Common_Foreign_and_Security_Policy, including the creation of the office of High_Representative_of_the_Union for Foreign_Affairs and Security_Policy and the establishment of an_External Action Service, do_not_affect the responsibilities of the Member_States, as they currently exist, for the formulation and conduct of their_foreign policy nor of their_national representation in third_countries and international_organisations). #h6.1.13c1#
▷(The Conference also recalls that the provisions governing the Common_Security_and_Defence_Policy do_not_prejudice the specific_character of the security_and_defence_policy of the Member_States). #h6.1.13c2#
▷(It stresses that the European_Union and its_Member_States will_remain bound by the provisions of the Charter_of_the_United_Nations and, in particular, by the primary responsibility of the Security Council and of its_Members for the maintenance of international_peace and security). #h6.1.13c3#
▷(In addition to the specific_rules and procedures [referred_to] in paragraph_1 of Article_24_of_the_Treaty_on_the_European_Union, the Conference [underlines] that the provisions covering the Common_Foreign_and_Security_Policy including in_relation_to the High_Representative_of_the_Union_for_Foreign_Affairs_and_Security_Policy and the External Action Service will_not_affect the existing legal_basis, responsibilities, and powers of each_Member_State in_relation_to the formulation and conduct of its_foreign policy, its_national diplomatic service, relations with third_countries and participation in international_organisations, including a Member_State's_membership of the Security Council of the United_Nations). #h6.1.14c1#
▷(The Conference also notes that the provisions covering the Common_Foreign_and_Security_Policy do_not_give new powers to the Commission to initiate decisions nor do they increase the role of the European_Parliament). #h6.1.14c2#
▷(The Conference also [recalls] that the provisions governing the Common_Security_and_Defence_Policy do_not_prejudice the specific_character of the security_and_defence_policy of the Member_States). #h6.1.14c3#
▷(The Conference [declares] that, as soon as the Treaty_of_Lisbon is_signed, the Secretary_General of the Council, High Representative for the common_foreign_and_security_policy, the Commission and the Member_States should_begin preparatory_work on the European_External_Action_Service). #h6.1.15c1#
▷(The Conference considers that the possibility of producing translations of the_Treaties in the languages mentioned in Article_55.2 contributes to fulfilling the objective of respecting the_Union's_rich_(cultural and linguistic)_diversity as set forth in the fourth_subparagraph of Article_3.3. In this_context, the Conference confirms the attachment_of_the_Union to the cultural diversity of Europe and the special_attention it will_continue_to_pay to these and other_languages). #h6.1.16c1#
▷(The Conference [recommends] (that ((those_Member_States ([wishing] to [avail] themselves{MS} of the possibility recognised in Article_55.2)) [communicate] (to the Council), within (six_months from the date of the signature of the Treaty_of_Lisbon), ((the language or languages) into which{languages} translations of the_Treaties [will_be_made])))). #h6.1.16c2#
▷(The Conference [recalls] that, in_accordance_with (well) [settled] case_law of the Court_of_Justice_of_the_European_Union, the_Treaties and the law adopted by the_Union on the basis of the_Treaties [have] primacy over the law_of_Member_States, under the conditions [laid_down] by the said_case_law). #h6.1.17c1#
▷(The Conference [has also decided] to [attach] as an_Annex to this_Final_Act the Opinion of the Council_Legal_Service on the primacy of EC_law as [set_out] in 11197/07 (JUR 260)): #h6.1.17c2#
"(Opinion of the Council_Legal_Service)
#h6.1.17c3#
(of 22_June_2007)
#h6.1.17c4#
▷(it results (from the case_law of the Court_of_Justice) (that (primacy of EC_law) is (a cornerstone_principle of Community_law))).
▷(According to the Court, this_principle is_inherent to the specific_nature of the European_Community).
▷(At the time of the first_judgment of this_established_case_law (Costa/ENEL, 15_July_1964, Case 6/641 {nt1}) there_was no_mention of primacy in the treaty).
▷(It is still the case today).
▷(The fact that the principle_of_primacy will_not_be_included in the future_treaty [shall not (in any_way) change] the existence of the principle and the existing case_law of the Court_of_Justice).
#h6.1.17c5#
▷{nt1} ("It follows (…) that the law stemming from the treaty, an_independent_source of law, [could not, (because_of its_(special and original)_nature), be_overridden] by domestic_legal_provisions, however framed, without being_deprived of its_character as Community_law and without the legal_basis of the Community (itself) being_called into question.")" #h6.1.17c6#
▷(The Conference [underlines] that, in_accordance_with the system of division of competences between the_Union and the Member_States as [provided_for] in the Treaty_on_the_European_Union and the Treaty_on_the_Functioning_of_the_European_Union, competences not_conferred upon the_Union in the_Treaties remain with the Member_States). #h6.1.18c1#
▷(When the_Treaties confer on the_Union a competence shared with the Member_States in a specific_area, the Member_States shall exercise their_competence to the extent that the_Union has not_exercised, or has decided to cease exercising, its_competence).
▷(The latter situation arises when the relevant EU institutions decide to repeal a legislative_act, (in particular) better to ensure constant respect for the principles_of_subsidiarity_and_proportionality).
▷(The Council [may, at the initiative of one or several of its_members (representatives of Member_States) and in_accordance_with Article_241_of_the_Treaty_on_the_Functioning_of_the_European_Union, request] the Commission to submit proposals for repealing a legislative_act).
▷(The Conference [welcomes] (the Commission's_declaration (that (it{Cm} [will_devote] particular_attention to these_requests)))).
#h6.1.18c2#
▷(Equally, the representatives of the governments_of_the_Member_States, meeting in an_Intergovernmental_Conference, in_accordance_with the ordinary_revision_procedure [provided_for] in Article_48.2 to (5) of the Treaty_on_the_European_Union, may decide to amend the_Treaties upon which the_Union is_founded, including either to increase or to reduce the competences conferred on the_Union in the said Treaties). #h6.1.18c3#
▷(The Conference agrees that, in its_general_efforts to eliminate inequalities between women and men, the_Union will_aim in its_different_policies (to [combat] all_kinds of domestic_violence)).
▷(The Member_States should take all_necessary_measures to prevent and punish these criminal acts and to support and protect the victims).
#h6.1.19c1#
▷(The Conference declares that, whenever rules on protection of personal_data to be_adopted on the basis of Article_16 [could have] direct implications for national_security, due account will_have to be_taken of the specific_characteristics of the matter).
▷(It [recalls] that (the legislation presently [applicable]) (see (in particular) Directive 95/46/EC) [includes] specific_derogations in this_regard).
#h6.1.20c1#
▷(The Conference acknowledges that specific_rules on the protection of personal_data and the free movement of such_data in the fields of judicial_cooperation in criminal_matters and police_cooperation based on Article_16_of_the_Treaty_on_the_Functioning_of_the_European_Union [may prove] necessary because_of the specific_nature of these_fields). #h6.1.21c1#
▷(The Conference [considers] that in the event that a draft_legislative_act based on Article_79.2 [would_affect] important aspects of the social_security_system of a Member_State, including its_scope, cost or financial_structure, or would_affect the financial_balance of that_system as [set_out] in the second_paragraph of Article_48, the interests of that_Member_State will_be_duly taken into account). #h6.1.22c1#
▷(The Conference recalls that in that_case, in_accordance_with Article_15.4_of_the_Treaty_on_the_European_Union, the European_Council acts by consensus). #h6.1.23c1#
▷(The Conference [confirms] that the fact that the European_Union has a legal_personality will_not in any_way authorise the_Union to legislate or to act beyond the competences conferred upon it by the Member_States in the_Treaties). #h6.1.24c1#
▷(The Conference [recalls] (that the respect for (fundamental_rights and freedoms) [implies], in particular, (that proper_attention [is_given] to (the protection and observance) of the due_process rights of (the individuals or entities)_concerned))).
▷((For this_purpose and in_order to guarantee a thorough_judicial_review of (decisions [subjecting] an_individual or entity to restrictive_measures)), such_decisions [must be_based] on (clear and distinct)_criteria).
▷(These_criteria [should_be_tailored] (to the specifics of each_restrictive_measure)).
#h6.1.25c1#
▷(The Conference [declares] that, where a Member_State [opts] not to participate in a measure based on Title_V of Part_Three of the Treaty_on_the_Functioning_of_the_European_Union, the Council [will_hold] a full_discussion on the possible_implications and effects of that_Member_State's_non_participation in the measure). #h6.1.26c1#
▷(In addition, any_Member_State may ask the Commission to examine the situation on the basis of Article_116_of_the_Treaty_on_the_Functioning_of_the_European_Union). #h6.1.26c2#
▷(The above_paragraphs [are] without prejudice to the entitlement of a Member_State to ([refer] (the matter) (to the European_Council)). #h6.1.26c3#
▷(The Conference considers that the regulations [referred_to] in the second_subparagraph of Article_85.1_of_the_Treaty_on_the_Functioning_of_the_European_Union should take_into_account national rules and practices relating to the initiation of criminal_investigations). #h6.1.27c1#
▷(The Conference notes that the provisions of Article_98 shall be_applied in_accordance_with the current practice).
▷(The terms "such_measures [are_required] in_order to compensate for the economic_disadvantages caused by the division of Germany to the economy of certain_areas of the Federal_Republic affected by that division" [shall be_interpreted] in_accordance_with the existing case_law of the Court_of_Justice_of_the_European_Union).
#h6.1.28c1#
▷(The Conference notes that Article_107.2.c shall be_interpreted in_accordance_with the existing case_law of the Court_of_Justice_of_the_European_Union regarding the applicability of the provisions to aid granted to certain_areas of the Federal_Republic_of_Germany_affected by the former division of Germany). #h6.1.29c1#
▷(With_regard_to Article_126, the Conference confirms that raising growth potential and securing sound budgetary positions are the two pillars of the economic and fiscal_policy_of_the_Union and the Member_States).
▷((The Stability_and_Growth_Pact) [is] (an_important_tool (to achieve these_goals))).
#h6.1.30c1#
▷(The Conference reaffirms its_commitment to the provisions concerning the Stability_and_Growth_Pact as the framework for the coordination of budgetary policies in the Member_States). #h6.1.30c2#
▷(The Conference confirms that a rule_based system is the best guarantee for commitments to be_enforced and for all_Member_States to be_treated equally). #h6.1.30c3#
▷(Within this_framework, the Conference also reaffirms its_commitment to the goals of the Lisbon Strategy: job creation, structural reforms, and social cohesion). #h6.1.30c4#
▷(The_Union [aims] at achieving (balanced_economic_growth and price_stability)).
▷(Economic and budgetary policies thus need to set the right priorities towards economic reforms, innovation, competitiveness and strengthening of private investment and consumption in phases of weak_economic_growth).
▷(This [should_be_reflected] in the orientations of budgetary_decisions at the national and Union_level (in particular) through restructuring of public revenue_and_expenditure while respecting budgetary_discipline in_accordance_with the_Treaties and the Stability_and_Growth_Pact).
#h6.1.30c5#
▷((Budgetary and economic_challenges [facing] the Member_States) [underline] (the importance of sound_budgetary_policy) throughout the economic_cycle). #h6.1.30c6#
▷((The Conference) [agrees] (that (Member_States) [should_use] (periods of economic_recovery) (actively) (to [consolidate] public_finances and improve their_budgetary_positions))).
▷(The objective is to gradually achieve a budgetary surplus in good times which creates the necessary_room to accommodate economic downturns and thus contribute to the long_term sustainability of public finances).
#h6.1.30c7#
▷(The Member_States [look_forward] to possible_proposals of the Commission as_well_as further contributions of Member_States with_regard_to (strengthening and clarifying) the implementation of the Stability_and_Growth_Pact).
▷(The Member_States will_take all_necessary_measures to raise the growth potential of their_economies).
▷(Improved_economic_policy_coordination [could support] this_objective).
▷(This_Declaration does_not_prejudge the future debate on the Stability_and_Growth_Pact).
#h6.1.30c8#
▷(The Conference confirms that the policies described in Article_156 fall essentially within the competence of the Member_States).
▷(Measures to provide encouragement and promote coordination to be_taken at Union_level in_accordance_with this_Article shall be of a complementary nature).
▷(They [shall serve] to strengthen cooperation between Member_States and (not to [harmonise] national_systems)).
▷((The guarantees and practices) [existing] in each_Member_State (as_regards the responsibility of the social_partners) [will_not_be_affected]).
#h6.1.31c1#
▷(This_Declaration is without prejudice to the provisions of the_Treaties conferring competence on the_Union, including in social_matters). #h6.1.31c2#
▷(The Conference declares that the measures to be_adopted pursuant_to Article_168.4.c must meet common_safety concerns and aim to set high_standards of quality and safety where national standards affecting the internal_market [would otherwise prevent] a high level of human_health_protection being achieved). #h6.1.32c1#
▷(The Conference considers that the reference in Article_174 to island regions can include island States in their_entirety, subject to the necessary_criteria being met). #h6.1.33c1#
▷(The Conference agrees that the_Union's_action in the area of research_and_technological_development will_pay due respect to the fundamental orientations and choices of the research policies of the Member_States). #h6.1.34c1#
▷(The Conference believes that Article_194 does_not_affect the right of the Member_States to take the necessary_measures to ensure their_energy supply under the conditions [provided_for] in Article_347). #h6.1.35c1#
▷(The Conference confirms that Member_States may negotiate and conclude agreements with third_countries or international_organisations in the areas covered by Chapters 3, 4 and 5 of Title_V of Part_Three in_so_far_as such_agreements comply with Union_law). #h6.1.36c1#
▷(Without prejudice to the measures adopted by the_Union to comply with its_solidarity obligation towards a Member_State which{MS} is the object of a terrorist_attack or the victim of natural or man_made disaster, none of the provisions of Article_222 is_intended to affect the right of another_Member_State to choose the most_appropriate_means to comply with its_own solidarity obligation towards that Member_State). #h6.1.37c1#
▷(The Conference [declares] that if, in_accordance_with Article_252, first_paragraph, of the Treaty_on_the_Functioning_of_the_European_Union, the Court_of_Justice requests that the number of Advocates_General be_increased by three (eleven instead_of eight), the Council will, [acting] unanimously, agree on such_an_increase). #h6.1.38c1#
▷(In that_case, the Conference agrees that Poland will, as is_already the case for Germany, France, Italy, Spain and the United_Kingdom, have a permanent Advocate_General and no_longer take_part in the rotation_system, while the existing_rotation_system will_involve the rotation of five_Advocates_General instead_of three). #h6.1.38c2#
▷(The Conference takes note of the Commission's_intention to continue_to_consult experts appointed by the Member_States in the preparation of draft delegated_acts in the financial services area, in_accordance_with its_established practice). #h6.1.38c1#
▷(The Conference declares that Member_States may indicate, when they make a request to establish enhanced_cooperation, if they intend already at that stage to make use of Article_333 providing for the extension of qualified_majority voting or to have recourse to the ordinary_legislative_procedure). #h6.1.40c1#
▷(The Conference [declares] that the reference in Article_352.1_of_the_Treaty_on_the_Functioning_of_the_European_Union to objectives_of_the_Union [refers] to the objectives as [set_out] in Article_3.2 and (3) of the Treaty_on_the_European_Union and to the objectives of Article_3.5 of the said_Treaty with_respect_to external_action under Part Five of the Treaty_on_the_Functioning_of_the_European_Union).
▷(It is therefore excluded that an_action based on Article_352_of_the_Treaty_on_the_Functioning_of_the_European_Union [would only pursue] objectives [set_out] in Article_3.1_of_the_Treaty_on_the_European_Union).
▷(In this_connection, the Conference notes that in_accordance_with Article_31.1_of_the_Treaty_on_the_European_Union, legislative_acts may not_be_adopted in the area of the Common_Foreign_and_Security_Policy).
#h6.1.41c1#
▷(The Conference [underlines] (that, in_accordance_with the settled_case_law of the Court_of_Justice_of_the_European_Union, Article_352_of_the_Treaty_on_the_Functioning_of_the_European_Union, [being] an_integral_part of an_institutional_system [based] on the principle_of_conferred_powers, [cannot_serve] as a basis for widening the scope of Union_powers beyond the general_framework [created] by the provisions of the_Treaties as a whole and, in particular, by those that [define] the tasks and the activities_of_the_Union)).
▷(In any_event, this_Article [cannot_be_used] as a basis for the adoption of provisions whose_effect [would, in substance, be] to amend the_Treaties without following the procedure which they provide for that purpose).
#h6.1.42c1#
▷(The High Contracting Parties agree that the European_Council, pursuant_to Article_355.6, will_take a decision leading to the modification of the status of Mayotte with_regard_to the_Union in_order to make this_territory an_outermost_region within the meaning of Article_355.1 and Article_349, when the French authorities notify the European_Council and the Commission that the evolution currently under way in the internal_status of the island so allows). #h6.1.43c1#
▷(The Conference [notes] that where a Member_State has_made a notification under Article_5.2 of the Protocol_on_the_Schengen_acquis_integrated into the framework of the European_Union that it does_not_wish to take_part in a proposal or initiative, that_notification may be_withdrawn at any_moment before the adoption of the measure building upon the Schengen_acquis). #h6.2.1c1#
▷(The Conference declares that whenever (the United_Kingdom or Ireland) indicates to the Council its_intention not to participate in a measure building upon a part of the Schengen_acquis in which it participates, the Council will_have a full_discussion on the possible implications of the non_participation of that_Member_State in that_measure).
▷(The discussion within the Council should be_conducted in the light of the indications [given] by the Commission concerning the relationship between the proposal and the Schengen_acquis).
#h6.2.2c1#
▷(The Conference [recalls] that (if the Council [does_not_take a decision] after a first_substantive_discussion of the matter), the Commission [may present] an_amended_proposal for a further_substantive_re_examination by the Council within the deadline of 4 months). #h6.2.3c1#
▷(The Conference) [notes] that the conditions to be_determined in the decision [referred_to] in paragraphs 3, 4 or 5 of Article_5_of_the_Protocol_on_the_Schengen_acquis_integrated into the framework of the European_Union may determine that the Member_State_concerned shall bear the direct financial_consequences, if any, necessarily and unavoidably incurred as a result of the cessation of its_participation in (some or all) of the acquis referred_to in any_decision taken by the Council pursuant_to Article_4_of_the_said Protocol). #h6.2.4c1#
▷(The Conference [notes] that with_respect_to legal_acts to [be_adopted] by the Council acting alone or jointly with the European_Parliament and containing provisions applicable to Denmark as_well_as provisions not_applicable to Denmark because they have a legal_basis to which Part I of the Protocol_on_the_position of Denmark applies, Denmark declares that it will_not_use its_voting right to prevent the adoption of the provisions which are_not_applicable to Denmark). #h6.2.5c1#
▷(Furthermore, the Conference notes that on the basis of the Declaration by the Conference on Article_222, Denmark declares that Danish participation in actions or legal_acts pursuant_to Article_222 will_take place in_accordance_with Part I and Part II of the Protocol_on_the_position of Denmark). #h6.2.5c2#
▷(The Conference notes that the Protocol_on_Italy annexed in 1957 to the Treaty_establishing_the_European_Economic_Community, as amended upon adoption of the Treaty_on_the_European_Union, stated that: #h6.2.6c1#
"THE_HIGH_CONTRACTING_PARTIES,
DESIRING to settle certain particular problems relating to Italy,
([HAVE_AGREED] (UPON the following_provisions, which shall be_annexed to this_Treaty:
#h6.2.6c2#
THE_MEMBER_STATES OF THE COMMUNITY
TAKE NOTE of the fact that the Italian_Government is_carrying_out a ten_year_programme of economic_expansion designed to rectify the disequilibria in the structure of the Italian_economy, (in particular) by providing an_infrastructure for the less_developed areas in Southern_Italy and in the Italian_islands and by creating new_jobs in_order to eliminate unemployment;
RECALL that the principles_and_objectives of this_programme of the Italian_Government have_been_considered and approved by organisations for international_cooperation of which the Member_States are members;
RECOGNISE that it is in their_common_interest that the objectives_of_the_Italian_programme should_be_attained;
AGREE, in_order to facilitate the accomplishment of this_task by the Italian_Government, to recommend to the institutions of the Community that they should_employ all_the_methods and procedures provided in this_Treaty and, in particular, make appropriate_use of the resources of the European_Investment_Bank and the European_Social_Fund;
(ARE OF THE OPINION that the institutions of the Community [should, in applying this_Treaty, take_account] of the sustained effort to be_made by the Italian_economy in the coming_years and of the desirability of avoiding dangerous_stresses (in particular) within the balance_of_payments or the level_of_employment, which might_jeopardise the application of this_Treaty in Italy);
RECOGNISE that in the event of Articles 109 H and 109 I being applied it will_be_necessary to take care that any_measures required of the Italian_Government do_not_prejudice the completion of its_programme for economic_expansion and for raising the standard_of_living of the population).".
#h6.2.6c3#
▷(The Conference [invites] the European_Parliament, the Council and the Commission, within their_respective_powers, to seek to adopt, in appropriate_cases and (as far as possible) within the five_year_period [referred_to] in Article_10.3 of the Protocol_on_transitional_provisions, legal_acts amending or replacing the acts [referred_to] in Article_10.1 of that_Protocol). #h6.2.7c1#
▷(Belgium [wishes] to make_clear that, in_accordance_with its_constitutional_law, not only (the Chamber of Representatives and Senate of the Federal_Parliament) but also the parliamentary_assemblies of the Communities and the Regions act, in terms of the competences exercised by the_Union, as components of the national_parliamentary_system or chambers of the national_Parliament). #h6.3.1c1#
▷(Belgium, Bulgaria, Germany, Greece, Spain, Italy, Cyprus, Lithuania, Luxemburg, Hungary, Malta, Austria, Portugal, Romania, Slovenia and the Slovak_Republic) [declare] that ((the flag with a circle of twelve golden stars on a blue background), (the anthem) based on the "Ode_to_Joy" from the Ninth Symphony by Ludwig_van_Beethoven), (the motto "United_in diversity"), (the euro as the currency of the European_Union) and (Europe_Day on 9 May)) [will for them continue as symbols to express] ((the sense of community of the people in the European_Union) and (their_allegiance to it)). #h6.3.2c1#
1. ▷(The Czech_Republic recalls that the provisions of the Charter_of_Fundamental_Rights_of_the_European_Union are_addressed to the institutions and bodies of the European_Union with due_regard for the principle_of_subsidiarity and division of competences between the European_Union and its_Member_States, as reaffirmed in Declaration (No 18) in_relation_to the delimitation of competences).
▷(The Czech_Republic stresses that its_provisions are_addressed to the Member_States only when they are implementing Union_law, and not when they are adopting and implementing national_law independently from Union_law).
#h6.3.3c1#
2. ▷(The Czech_Republic also [emphasises] that the Charter does_not_extend the field of application of Union_law and does_not_establish any_new power for the_Union).
▷(It does_not_diminish the field of application of national_law and does_not_restrain any_current powers of the national_authorities in this_field).
#h6.3.3c2#
3. ▷(The Czech_Republic [stresses] that, in_so_far_as the Charter recognises fundamental_rights and principles as they result from constitutional_traditions common to the Member_States, those_rights and principles are to be_interpreted in harmony with those_traditions). #h6.3.3c3#
4. ▷(The Czech_Republic further [stresses] that nothing in the Charter may be_interpreted as restricting or adversely affecting human_rights and fundamental_freedoms as recognised, in their_respective field of application, by Union_law and by international_agreements to which the_Union or all_the_Member_States are party, including the European_Convention_for_the_Protection_of_Human_Rights_and_Fundamental_Freedoms, and by the Member_States'_Constitutions). #h6.3.3c4#
▷(Germany, Ireland, Hungary, Austria and Sweden note that the core provisions of the Treaty_establishing_the_European_Atomic_Energy_Community have_not_been_substantially amended since its_entry_into_force and need to be_brought up to date).
▷(They therefore support the idea of a Conference of the Representatives of the Governments of the Member_States, which should be_convened as soon as possible).
#h6.3.4c1#
▷(The_Treaties apply to Gibraltar as a European territory for whose_external_relations a Member_State is_responsible).
▷(This_shall not_imply changes in the respective positions of the Member_States_concerned).
#h6.3.5c1#
▷(Ireland affirms its_commitment to the_Union as an_area of freedom_security_and_justice respecting fundamental_rights and the different_legal_systems and traditions of the Member_States within which citizens are provided with a high level of safety). #h6.3.6c1#
▷(Accordingly, Ireland declares its_firm intention to exercise its_right under Article_3_of_the_Protocol_on_the_position of the United_Kingdom and Ireland in respect of the area of freedom_security_and_justice to take_part in the adoption of measures pursuant_to Title_V of Part_Three of the Treaty_on_the_Functioning_of_the_European_Union to the maximum extent it deems possible). #h6.3.6c2#
▷((Ireland) [will, in particular, participate] (to the maximum_possible_extent) (in measures in the field of police_cooperation)). #h6.3.6c3#
▷(Furthermore, Ireland recalls that in_accordance_with Article_8_of_the_Protocol it may notify the Council in writing that it no_longer wishes to be_covered by the terms of the Protocol).
▷(Ireland intends to review the operation of these arrangements within three_years of the entry_into_force of the Treaty_of_Lisbon).
#h6.3.6c4#
▷(Italy notes that, pursuant_to Articles_10_and_14_of_the_Treaty_on_the_European_Union, the European_Parliament is to be_composed of representatives_of_the_Union's_citizens; this_representation is to be degressively proportional). #h6.3.7c1#
▷(Italy likewise notes that on the basis of Article_9_of_the_Treaty_on_the_European_Union and Article_20_of_the_Treaty_on_the_Functioning_of_the_European_Union, every_national_of_a_Member_State is a citizen_of_the_Union). #h6.3.7c2#
▷(Italy therefore considers that, without prejudice to the decision on the 2009_2014_legislative_period, any_decision adopted by the European_Council, at the initiative of the European_Parliament and with its_consent, establishing the composition_of_the_European_Parliament, must abide by the principles [laid_down] out in the first_subparagraph of Article_14). #h6.3.7c3#
▷(Without prejudice to the unified spelling of the name of the single_currency of the European_Union [referred_to] in the_Treaties as displayed on the banknotes and on the coins, Latvia, Hungary and Malta declare that the spelling of the name of the single_currency, including its_derivatives as applied throughout the Latvian, Hungarian and Maltese text of the_Treaties, has no_effect on the existing rules of the Latvian, Hungarian or Maltese languages). #h6.3.8c1#
▷(The Kingdom_of_the_Netherlands will_agree to a decision as [referred_to] in the second_subparagraph of Article_312.2_of_the_Treaty_on_the_Functioning_of_the_European_Union once a revision of the decision [referred_to] in the third_paragraph of Article_311 of that_Treaty has provided the Netherlands with a satisfactory solution for its_excessive negative net payment position vis_a`_vis the_Union_budget). #h6.3.9c1#
▷(The Kingdom_of_the_Netherlands [declares] that an_initiative for a decision, as [referred_to] in Article_355.6 aimed at amending the status of the Netherlands_Antilles and (/ or) Aruba with_regard_to the_Union, will_be_submitted only on the basis of a decision taken in conformity with the Charter for the Kingdom_of_the_Netherlands). #h6.3.10c1#
▷(The Charter [does_not_affect] (in any_way) (the right of Member_States to [legislate] in the sphere of public_morality, family_law, as_well_as (the protection of human_dignity) and respect for (human physical and moral) integrity)). #h6.3.11c1#
▷(Poland declares that, having regard to the tradition of social movement of "Solidarity" and its_significant contribution to the struggle for social and labour_rights, it fully respects social and labour_rights, as established by European_Union_law, and (in particular) those reaffirmed in Title_IV of the Charter_of_Fundamental_Rights_of_the_European_Union). #h6.3.12c1#
▷(In respect of the_Treaties and the Treaty_establishing_the_European_Atomic_Energy_Community, and in any of the acts deriving from those_Treaties or continued in force by those_Treaties, the United_Kingdom reiterates the Declaration it made on 31_December_1982 on the definition of the term "nationals" with the exception (that the reference to "British Dependent Territories Citizens" shall be_read as meaning "British overseas territories citizens")). #h6.3.13c1#
▷(The United_Kingdom [notes] that Article_14_of_the_Treaty_on_the_European_Union and other_provisions of the_Treaties are_not_intended to change the basis for the franchise for elections to the European_Parliament). #h6.3.14c1#
▷(The United_Kingdom fully [supports] robust_action with_regard_to adopting (financial_sanctions designed to [prevent and combat] terrorism_and_related_activities)).
▷(Therefore, the United_Kingdom declares that it intends to exercise its_right under Article_3_of_the_Protocol_on_the_position of the United_Kingdom and Ireland in respect of the area of freedom_security_and_justice to take_part in the adoption of all_proposals made under Article_75_of_the_Treaty_on_the_Functioning_of_the_European_Union).
#h6.3.15c1#