(a)   the words ‘Community’ and ‘European Community’ shall be replaced by ‘Union’ and any necessary grammatical changes shall be made, the words ‘European Communities’ shall be replaced by ‘European Union’, except in paragraph 6(c) of Article 299, renumbered paragraph 5(c) of Article 311a. In respect of Article 136, this amendment shall apply only to the mention of ‘The Community’ at the beginning of the first paragraph;

(b)   the words ‘this Treaty’ and ‘the present Treaty’ shall be replaced by ‘the Treaties’, the verb, where applicable, shall be put in the plural and any necessary grammatical changes shall be made; this point shall not apply to the third paragraph of Article 182 and to Articles 312 and 313;

(c)   the words ‘the Council [shall], acting in accordance with the procedure referred to in Article 251’ shall be replaced by ‘the European Parliament and the Council [shall], acting in accordance with the ordinary legislative procedure’, and the words ‘procedure referred to in Article 251’ shall be replaced by ‘ordinary legislative procedure’;

(d)   the words ‘acting by a qualified majority’ and ‘by a qualified majority’ shall be deleted;

(e)   the words ‘Council meeting in the composition of the Heads of State or Government’ shall be replaced by ‘European Council’;

(f)   the words ‘institutions or bodies’ and ‘institutions and bodies’ shall be replaced by ‘institutions, bodies, offices or agencies’, except in the first paragraph of Article 193;

(g)   the words ‘common market’ shall be replaced by ‘internal market’;

(h)   the word ‘ecu’ shall be replaced by ‘euro’;

(i)   the words ‘Member States without a derogation’ shall be replaced by ‘Member States whose currency is the euro’;

(j)   the abbreviation ‘ECB’ shall be replaced by ‘European Central Bank’;

(k)   the words ‘Statute of the ESCB’ shall be replaced by ‘Statute of the ESCB and of the ECB’;

(l)   The words ‘Committee provided for in Article 114’ and ‘Committee referred to in Article 114’ shall be replaced by ‘Economic and Financial Committee’;

(m)   the words ‘Statute of the Court of Justice’ or ‘Statute of the Court’ shall be replaced by ‘Statute of the Court of Justice of the European Union’;

(n)   the words ‘Court of First Instance’ shall be replaced by ‘General Court’;

(o)   the words ‘judicial panel’ and ‘judicial panels’ shall be replaced by ‘specialised court’ and ‘specialised courts’ respectively and any necessary grammatical changes shall be made.

—

Article 13, renumbered 16 E, first paragraph

—

Article 19(1)

—

Article 19(2)

—

Article 22, second paragraph

—

Article 93

—

Article 94, renumbered 95

—

Article 104(14), second subparagraph

—

Article 175(2), first subparagraph

—

Article 130, first paragraph

—

Article 144, first paragraph

—

Article 208

—

Article 209

—

Article 213, final paragraph, third sentence

—

Article 216

—

Article 284

—

Article 13, renumbered 16 E, first paragraph

—

Article 22, second paragraph

—

Article 195(1), second subparagraph

—

Article 232, second paragraph

—

Article 233, first paragraph:

—

Article 234, point (b)

—

Article 255(3) which shall become Article 16 A(3), third subparagraph

—

Article 83(2)(d)

—

Article 88(2), second subparagraph

—

Article 95, renumbered 94(9)

—

Article 195(1)

—

Article 225a, sixth paragraph

—

Article 226, second paragraph

—

Article 227, first paragraph

—

Article 228(1), first instance

—

Article 229

—

Article 229a

—

Article 230, first paragraph

—

Article 231, first paragraph

—

Article 232, first and third paragraphs

—

Article 233, first paragraph

—

Article 234, first paragraph

—

Article 235

—

Article 236

—

Article 237, introductory sentence

—

Article 238

—

Article 240

—

Article 242, first sentence

—

Article 243

—

Article 244

—

Article 247(9), renumbered (8)

—

Article 256, second paragraph

In the following Articles, the words ‘of Justice’ shall be deleted after ‘Court’:

—

Article 227, fourth paragraph

—

Article 228(1), second instance and

—

Article 228(2), second subparagraph

—

Article 230, third paragraph

—

Article 231, second paragraph

—

Article 232, third paragraph

—

Article 234, second and third paragraphs

—

Article 237, point (d), third sentence

—

Article 242, second sentence

—

Article 256, fourth paragraph

—   Article 21, third, now fourth, paragraph	reference to Article 9 (first reference) and to Article 53(1) (second reference)
—   Article 97b	reference to Article 2
—   Article 98	reference to Article 2 (first reference)
—   Article 105(1), second sentence	reference to Article 2
—   Article 215, third, now fourth, paragraph	reference to Article 9 D(7), first subparagraph.

‘Article 1a 1.   This Treaty organises the functioning of the Union and determines the areas of, delimitation of, and arrangements for exercising its competences. 2.   This Treaty and the Treaty on 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”.’.

‘TITLE I CATEGORIES AND AREAS OF UNION COMPETENCE Article 2 A 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. 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. 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. 4.   The Union shall have competence, in accordance with the provisions of the Treaty on European Union, to define and implement a common foreign and security policy, including the progressive framing of a common defence policy. 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. 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. Article 2 B 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 currency is the euro;   (d)   the conservation of marine biological resources under the common fisheries policy;   (e)   common commercial policy. 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 insofar as its conclusion may affect common rules or alter their scope. Article 2 C 1.   The Union shall share competence with the Member States where the Treaties confer on it a competence which does not relate to the areas referred to in Articles 2 B and 2 E. 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. 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. 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. Article 2 D 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. 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. 3.   The Union may take initiatives to ensure coordination of Member States' social policies. Article 2 E The Union shall have competence to carry out actions to support, coordinate or supplement the actions of the Member States. The areas of such action shall, at European level, be:   (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.’.

‘TITLE II PROVISIONS HAVING GENERAL APPLICATION Article 2 F The Union shall ensure consistency between its policies and activities, taking all of its objectives into account and in accordance with the principle of conferral of powers.’.

‘Article 5a In defining and implementing its policies and activities, the Union shall take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health.’.

‘Article 5b In defining and implementing its policies and activities, the Union shall aim to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.’.

(a)   at the beginning, the words ‘Without prejudice to Articles 73, 86 and 87,’ shall be replaced by ‘Without prejudice to Article 3a of the Treaty on European Union or to Articles 73, 86 and 87 of this Treaty,’;

(b)   at the end of the sentence, the words ‘and conditions which enable them to fulfil their missions’ shall be replaced by ‘and conditions, particularly economic and financial conditions, which enable them to fulfil their missions.’;

(c)   the following new sentence shall be added:      ‘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.’.

(a)   paragraph 1 shall be preceded by the following text, paragraph 1 being renumbered 3 and paragraphs 2 and 3 becoming subparagraphs:      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. 2.   The European Parliament shall meet in public, as shall the Council when considering and voting on a draft legislative act.’;

(b)   in paragraph 1, renumbered 3, which shall become the first subparagraph of paragraph 3, a change shall be made to the French which does not concern the English version. The words ‘European Parliament, Council and Commission documents’ shall be replaced by ‘documents of the Union institutions, bodies, offices and agencies, whatever their medium’ and the words ‘paragraphs 2 and 3’ shall be replaced by the words ‘this paragraph’;

(c)   in paragraph 2, which shall become the second subparagraph of paragraph 1, renumbered 3, the words ‘by means of regulations’ shall be inserted after ‘shall be determined by the Council’ and the words ‘within two years of the entry into force of the Treaty of Amsterdam’ shall be deleted;

(d)   in paragraph 3, which shall become the third subparagraph of paragraph 1, renumbered 3, the words ‘referred to above shall elaborate’ shall be replaced by ‘shall ensure that its proceedings are transparent and shall elaborate’, the words ‘, in accordance with the regulations referred to in the second subparagraph’ shall be inserted at the end of the subparagraph and the following two new subparagraphs shall be added:      ‘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 regulation referred to in the second subparagraph.’.

‘Article 16 B 1.   Everyone has the right to the protection of personal data concerning them. 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 25a of the Treaty on European Union.’.

‘Article 16 C 1.   The Union respects and does not prejudice the status under national law of churches and religious associations or communities in the Member States. 2.   The Union equally respects the status under national law of philosophical and non-confessional organisations. 3.   Recognising their identity and their specific contribution, the Union shall maintain an open, transparent and regular dialogue with these churches and organisations.’.

(a)   in paragraph 1, the word ‘complement’ shall be replaced by ‘be additional to’;

(b)   paragraph 2 shall be replaced by the following:      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:   (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 thereunder.’.

(a)   in paragraph 2, the words ‘the Council may adopt’ shall be replaced by ‘the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may adopt’ and the last sentence shall be deleted;

(b)   paragraph 3 shall be replaced by the following:      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.’.

‘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.’.

‘The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall adopt the provisions for the procedures and conditions required for a citizens' initiative within the meaning of Article 8 B of the Treaty on European Union, including the minimum number of Member States from which such citizens must come.’.

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.’.

(a)   in paragraph 1, the following new first subparagraph shall be inserted:      1.   The Union shall define and implement a common agriculture and fisheries policy.’ , the current text of paragraph 1 shall become the second subparagraph. In the second subparagraph, the word ‘, fisheries’ shall be inserted after ‘agriculture’ in the first sentence and the following sentence shall be added as the last sentence of the subparagraph: ‘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.’

(b)   in paragraph 2, the words ‘and functioning’ shall be inserted after the word ‘establishment’.

(c)   in paragraph 3, the words ‘to this Treaty’ shall be deleted.

(a)   in the first paragraph, the words ‘the European Parliament and’ shall be inserted before ‘the Council’ and the words ‘and (3)’ shall be deleted;

(b)   in the second paragraph, the introductory sentence shall be replaced by the following: ‘The Council, on a proposal from the Commission, may authorise the granting of aid:’.

(a)   paragraph 1 shall be deleted;

(b)   paragraph 2 shall be renumbered 1; the words ‘Having taken into account the work of the Conference provided for in paragraph 1, after consulting the Economic and Social Committee and within two years of the entry into force of the Treaty, the Commission shall submit proposals’ shall be replaced by ‘The Commission shall submit proposals’, and the third subparagraph shall be deleted;

(c)   the following paragraphs shall be inserted as new paragraphs 2 and 3, and the remaining paragraphs shall be renumbered accordingly:      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 34(1) and the other provisions necessary for the pursuit of the objectives of the common agricultural policy and the common fisheries policy; 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.’;

(d)   in the introductory words to paragraph 3 renumbered 4, the words ‘The Council may, acting by a qualified majority and in accordance with paragraph 2, replace the national market organisations by the common organisation’ shall be replaced by ‘In accordance with paragraph 2, the national market organisations may be replaced by the common organisation’;

(e)   at the beginning of paragraph 4 renumbered 5, a change shall be made to the French which does not concern the English version.

(a)   in the first paragraph, the words ‘migrant workers and their dependants:’ shall be replaced by ‘employed and self-employed migrant workers and their dependants:’;

(b)   the last paragraph shall be replaced by the following:      ‘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.’.

(a)   the following phrase shall be added at the end of paragraph 1: ‘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.’;

(b)   paragraph 2 shall be deleted and paragraph 3 shall be renumbered 2; a change shall be made to the French which does not concern the English version.

(a)   in the first paragraph, the words ‘State of the Community’ shall be replaced by ‘Member State’;

(b)   in the second paragraph, the words ‘The Council may, acting by a qualified majority on a proposal from the Commission, extend’ shall be replaced by ‘The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may extend’.

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.’

4.   In the absence of measures pursuant to Article 57(3), the Commission or, in the absence of a Commission decision within three months from the request of the Member State concerned, the Council, may adopt a decision stating that restrictive tax measures adopted by a Member State concerning one or more third countries are to be considered compatible with the Treaties insofar as they are justified by one of the objectives of the Union and compatible with the proper functioning of the internal market. The Council shall act unanimously on application by a Member State.’.

Chapter 1:	General provisions
Chapter 2:	Policies on border checks, asylum and immigration
Chapter 3:	Judicial cooperation in civil matters
Chapter 4:	Judicial cooperation in criminal matters
Chapter 5:	Police cooperation.

‘CHAPTER 1 GENERAL PROVISIONS Article 61 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. 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. 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. 4.   The Union shall facilitate access to justice, in particular through the principle of mutual recognition of judicial and extrajudicial decisions in civil matters. Article 61 A The European Council shall define the strategic guidelines for legislative and operational planning within the area of freedom, security and justice. Article 61 B National Parliaments ensure that the proposals and legislative initiatives submitted under Chapters 4 and 5 comply with the principle of subsidiarity, in accordance with the arrangements laid down by the Protocol on the application of the principles of subsidiarity and proportionality. Article 61 C Without prejudice to Articles 226, 227 and 228, the Council may, on a proposal from the Commission, adopt measures laying down the arrangements whereby Member States, in collaboration with the Commission, conduct objective and impartial evaluation of the implementation of the Union policies referred to in this Title by Member States' authorities, in particular in order to facilitate full application of the principle of mutual recognition. The European Parliament and national Parliaments shall be informed of the content and results of the evaluation. Article 61 D A standing committee shall be set up within the Council in order to ensure that operational cooperation on internal security is promoted and strengthened within the Union. Without prejudice to Article 207, it shall facilitate coordination of the action of Member States' competent authorities. Representatives of the Union bodies, offices and agencies concerned may be involved in the proceedings of this committee. The European Parliament and national Parliaments shall be kept informed of the proceedings. Article 61 E This Title shall not affect the exercise of the responsibilities incumbent upon Member States with regard to the maintenance of law and order and the safeguarding of internal security. Article 61 F It shall be open to Member States to organise between themselves and under their responsibility such forms of cooperation and coordination as they deem appropriate between the competent departments of their administrations responsible for safeguarding national security. Article 61 G The Council shall adopt measures to ensure administrative cooperation between the relevant departments of the Member States in the areas covered by this Title, as well as between those departments and the Commission. It shall act on a Commission proposal, subject to Article 61 I, and after consulting the European Parliament. Article 61 H Where necessary to achieve the objectives set out in Article 61, as regards preventing and combating terrorism and related activities, the European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall define a framework for administrative measures with regard to capital movements and payments, such as the freezing of funds, financial assets or economic gains belonging to, or owned or held by, natural or legal persons, groups or non-State entities. The Council, on a proposal from the Commission, shall adopt measures to implement the framework referred to in the first paragraph. The acts referred to in this Article shall include necessary provisions on legal safeguards. Article 61 I The acts referred to in Chapters 4 and 5, together with the measures referred to in Article 61 G which ensure administrative cooperation in the areas covered by these Chapters, shall be adopted:   (a)   on a proposal from the Commission, or   (b)   on the initiative of a quarter of the Member States.’.

‘CHAPTER 2 POLICIES ON BORDER CHECKS, ASYLUM AND IMMIGRATION Article 62 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. 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. 3.   If action by the Union should prove necessary to facilitate the exercise of the right referred to in Article 17(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. 4.   This Article shall not affect the competence of the Member States concerning the geographical demarcation of their borders, in accordance with international law. Article 63 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. 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. 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. Article 63a 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. 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. 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. 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. 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. Article 63b The policies of the Union set out in this Chapter and their implementation shall be governed by the principle of solidarity and fair sharing of responsibility, including its financial implications, between the Member States. Whenever necessary, the Union acts adopted pursuant to this Chapter shall contain appropriate measures to give effect to this principle.’.

‘CHAPTER 3 JUDICIAL COOPERATION IN CIVIL MATTERS Article 65 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. 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. 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.’.

‘CHAPTER 4 JUDICIAL COOPERATION IN CRIMINAL MATTERS Article 69 A 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 69 B. 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. 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. 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 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 10(2) of the Treaty on European Union and Article 280 D(1) of this Treaty shall be deemed to be granted and the provisions on enhanced cooperation shall apply. Article 69 B 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. 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 61 I. 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 10(2) of the Treaty on European Union and Article 280 D(1) of this Treaty shall be deemed to be granted and the provisions on enhanced cooperation shall apply. Article 69 C The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may establish measures to promote and support the action of Member States in the field of crime prevention, excluding any harmonisation of the laws and regulations of the Member States. Article 69 D 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 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. 2.   In the prosecutions referred to in paragraph 1, and without prejudice to Article 69 E, formal acts of judicial procedure shall be carried out by the competent national officials. Article 69 E 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, a group of at least nine Member States may request that the draft regulation be referred to the European Council. In that case, the procedure in the Council shall be suspended. After discussion, and in case of a consensus, the European Council shall, within four months of this suspension, refer the draft back to the Council for adoption. Within the same timeframe, in case of disagreement, and if at least nine Member States wish to establish enhanced cooperation on the basis of the draft regulation concerned, they shall notify the European Parliament, the Council and the Commission accordingly. In such a case, the authorisation to proceed with enhanced cooperation referred to in Article 10(2) of the Treaty on European Union and Article 280 D(1) of this Treaty shall be deemed to be granted and the provisions on enhanced cooperation shall apply. 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. 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. 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.’.

‘CHAPTER 5 POLICE COOPERATION Article 69 F 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. 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. 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 10(2) of the Treaty on European Union and Article 280 D(1) of this Treaty shall be deemed to be granted and the provisions on enhanced cooperation shall apply. The specific procedure provided for in the second and third subparagraphs shall not apply to acts which constitute a development of the Schengen acquis. Article 69 G 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. 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. 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. Article 69 H The Council, acting in accordance with a special legislative procedure, shall lay down the conditions and limitations under which the competent authorities of the Member States referred to in Articles 69 A and 69 F may operate in the territory of another Member State in liaison and in agreement with the authorities of that State. The Council shall act unanimously after consulting the European Parliament.’.

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.’.

(a)   in paragraph 1, the words ‘shall be abolished’ shall be replaced by ‘shall be prohibited’;

(b)   in paragraph 2, the words ‘the Council’ shall be replaced by ‘the European Parliament and the Council’;

(c)   in the first subparagraph of paragraph 3, the words ‘the Economic and Social Committee’ shall be replaced by ‘the European Parliament and the Economic and Social Committee’.

‘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.’.

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.’.

3.   The Commission may adopt regulations relating to the categories of agreement in respect of which the Council has adopted a regulation or a directive pursuant to Article 83(2)(b).’.

(a)   in paragraph 2, the following sentence shall be added at the end of point (c):      ‘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.’;

(b)   in paragraph 3, the following words shall be added at the end of point (a): ‘, and of the regions referred to in Article 299, in view of their structural, economic and social situation;’.

4.   The Commission may adopt regulations relating to the categories of State aid that the Council has, pursuant to Article 89, determined may be exempted from the procedure provided for by paragraph 3 of this Article.’.

(a)   at the beginning of paragraph 1, the words ‘By way of derogation from Article 94 and’ shall be deleted;

(b)   at the beginning of paragraph 4, the words ‘If, after the adoption by the Council or by the Commission of a harmonisation measure,’ shall be replaced by ‘If, after the adoption of a harmonisation measure by the European Parliament and the Council, by the Council or by the Commission,’;

(c)   at the beginning of paragraph 5, the words ‘Moreover, without prejudice to paragraph 4, if, after the adoption by the Council or by the Commission of a harmonisation measure,’ shall be replaced by ‘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,’;

(d)   in paragraph 10, the words ‘Community control procedure’ shall be replaced by ‘Union control procedure’.

‘Article 97a In the context of the establishment and functioning of the internal market, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall establish measures for the creation of European intellectual property rights to provide uniform protection of intellectual property rights throughout the Union and for the setting up of centralised Union-wide authorisation, coordination and supervision arrangements. The Council, acting in accordance with a special legislative procedure, shall by means of regulations establish language arrangements for the European intellectual property rights. The Council shall act unanimously after consulting the European Parliament.’.

(a)   in paragraph 1, the words ‘and in accordance with the timetable set out therein’ shall be deleted;

(b)   in paragraph 2, the words ‘Concurrently with the foregoing, and as provided in this Treaty and in accordance with the timetable and the procedures set out therein, these activities shall include the irrevocable fixing of exchange rates leading to the introduction of a single currency, the ecu,’ shall be replaced by ‘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,’.

(a)   in paragraph 4, the first sentence of the first subparagraph shall be replaced by the following two sentences:      ‘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.’;

(b)   the second subparagraph of paragraph 4 shall become paragraph 5 and the current paragraph 5 shall be renumbered 6;

(c)   the following two new subparagraphs shall be inserted in paragraph 4:      ‘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 205(3)(a).’;

(d)   in paragraph 5, renumbered 6, the words ‘The Council, acting in accordance with the procedure referred to in Article 252, may adopt detailed rules’ shall be replaced by the following: ‘The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, may adopt detailed rules’, the words ‘of this Article’ shall be deleted.

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.’.

2.   The Council, on a proposal from the Commission and after consulting the European Parliament, may, as required, specify definitions for the application of the prohibitions referred to in Articles 101 and 102 and in this Article.’.

(a)   paragraph 5 shall be replaced by the following:      5.   If the Commission considers that an excessive deficit in a Member State exists or may occur, it shall address an opinion to the Member State concerned and shall inform the Council accordingly.’;

(b)   in paragraph 6, the word ‘recommendation’ shall be replaced by ‘proposal’;

(c)   in paragraph 7, the first sentence shall be replaced by ‘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.’;

(d)   in the introductory words of the first subparagraph of paragraph 11, there is a change to the French which does not affect the English version;

(e)   in paragraph 12, at the beginning of the first sentence, the words ‘its decisions’ shall be replaced by ‘its decisions or recommendations’;

(f)   paragraph 13 shall be replaced by the following:      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 205(3)(a).’;

(g)   in paragraph 14, third subparagraph, the words ‘, before 1 January 1994’ shall be deleted.

(a)   in the first sentence of paragraph 1, ‘ESCB’ shall be replaced by ‘European System of Central Banks, hereinafter referred to as “ESCB”,’;

(b)   in the second indent of paragraph 2, the reference to Article 111 shall be replaced by a reference to Article 188 O;

(c)   The text of paragraph 6 shall be replaced by the following:      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.’.

(a)   in paragraph 1, first sentence, the word ‘euro’ shall be inserted before ‘banknotes’;

(b)   in paragraph 2, first sentence, the word ‘euro’ shall be inserted before ‘coins’; at the beginning of the second sentence, the words ‘The Council may, acting in accordance with the procedure referred to in Article 252 and after consulting the ECB’ shall be replaced by: ‘The Council, on a proposal from the Commission and after consulting the European Parliament and the European Central Bank, may’.

(a)   paragraphs 1 and 2 shall be deleted and paragraphs 3, 4, 5 and 6 shall be renumbered 1, 2, 3 and 4 respectively;

(b)   in paragraph 4, renumbered 2, the words ‘Statute of the ESCB’ shall be replaced by the following: ‘Statute of the European System of Central Banks and of the European Central Bank, hereinafter referred to as “Statute of the ESCB and of the ECB”’;

(c)   paragraph 5, renumbered 3, shall be replaced by the following:      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.’.

‘Article 111a Without prejudice to the powers of the European Central Bank, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall lay down the measures necessary for the use of the euro as the single currency. Such measures shall be adopted after consultation of the European Central Bank.’.

(a)   in paragraph 1, first subparagraph, the words ‘a Monetary Committee with advisory status’ shall be replaced by ‘an Economic and Financial Committee’;

(b)   in paragraph 1, the second and third subparagraphs shall be deleted;

(c)   in paragraph 2, the first subparagraph shall be deleted; in the third indent, the reference to paragraphs 2, 3, 4 and 5 of Article 99 shall be replaced by a reference to paragraphs 2, 3, 4 and 6 of Article 99, and the references to paragraph 2 of Article 122 and to paragraphs 4 and 5 of Article 123 shall be replaced by a reference to paragraphs 2 and 3 of Article 117a;

(d)   in paragraph 4, the reference to Articles 122 and 123 shall be replaced by a reference to Article 116a.

‘CHAPTER 3a PROVISIONS SPECIFIC TO MEMBER STATES WHOSE CURRENCY IS THE EURO Article 115 A 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 99 and 104, with the exception of the procedure set out in Article 104(14), adopt measures specific to those Member States whose 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. 2.   For those measures set out in paragraph 1, only members of the Council representing Member States whose currency is the euro shall take part in the vote. A qualified majority of the said members shall be defined in accordance with Article 205(3)(a). Article 115 B Arrangements for meetings between ministers of those Member States whose currency is the euro are laid down by the Protocol on the Euro Group. Article 115 C 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. 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. 3.   For the measures referred to in paragraphs 1 and 2, only members of the Council representing Member States whose currency is the euro shall take part in the vote. A qualified majority of the said members shall be defined in accordance with Article 205(3)(a).’.

‘Article 116a 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”. 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 concern the euro area generally (Article 99(2));   (b)   coercive means of remedying excessive deficits (Article 104(9) and (11));   (c)   the objectives and tasks of the ESCB (Article 105(1), (2), (3) and (5));   (d)   issue of the euro (Article 106);   (e)   acts of the European Central Bank (Article 110);   (f)   measures governing the use of the euro (Article 111a);   (g)   monetary agreements and other measures relating to exchange-rate policy (Article 188 O);   (h)   appointment of members of the Executive Board of the European Central Bank (Article 245b(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 115 C(1));   (j)   measures to ensure unified representation within the international financial institutions and conferences (Article 115 C(2)). In the Articles referred to in points (a) to (j), “Member States” shall therefore mean Member States whose currency is the euro. 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 SCB. 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 currency is the euro in the framework of multilateral surveillance, including on stability programmes and warnings (Article 99(4));   (b)   measures relating to excessive deficits concerning those Member States whose currency is the euro (Article 104(6), (7), (8), (12) and (13)). A qualified majority of the other members of the Council shall be defined in accordance with Article 205(3)(a).’.

(a)   paragraph 1 thereof shall take over the wording of Article 121(1), with the following amendments:   (i)   throughout the paragraph, the words ‘the EMI’ shall be replaced by ‘the European Central Bank’;   (ii)   at the beginning of the first subparagraph, the following shall be inserted: ‘At least once every two years, or at the request of a Member State with a derogation,’;   (iii)   in the first subparagraph, first sentence, the words ‘the progress made in the fulfilment by the Member States of their obligations’ shall be replaced by ‘the progress made by the Member States with a derogation in fulfilling their obligations’;   (iv)   in the first subparagraph, second sentence, the words ‘each Member State's national legislation’ shall be replaced by ‘the national legislation of each of these Member States’ and the words ‘of this Treaty’ shall be deleted;   (v)   in the third indent of the first subparagraph, the words ‘against the currency of any other Member State’ shall be replaced by ‘against the euro;’;   (vi)   in the fourth indent of the first subparagraph, the words ‘the Member State’ shall be replaced by ‘the Member State with a derogation’ and the words ‘of the European Monetary System’ shall be deleted;   (vii)   in the second subparagraph, the words ‘the development of the ecu’ shall be deleted;

(b)   paragraph 2 thereof shall take over the wording of the second sentence of Article 122(2), with the following amendments:   (i)   at the end of the text, the words ‘set out in Article 121(1)’ shall be replaced by ‘set out in paragraph 1’;   (ii)   the following new second and third subparagraphs shall be added:      ‘The Council shall act having received a recommendation of a qualified majority of those among its members representing Member States whose 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 205(3)(a).’;

(c)   paragraph 3 thereof shall take over the wording of Article 123(5), with the following amendments:   (i)   at the beginning of the paragraph, the words ‘If it is decided, according to the procedure set out in Article 122(2), to abrogate a derogation,’ shall be replaced by ‘If it is decided, in accordance with the procedure set out in paragraph 2, to abrogate a derogation,’;   (ii)   the words ‘adopt the rate’ shall be replaced by ‘irrevocably fix the rate’.

(a)   paragraph 1 thereof shall take over the text of Article 123(3); the words ‘of this Treaty’ shall be deleted;

(b)   paragraph 2 thereof shall take over the text of the first five indents of Article 117(2); the five indents shall be amended as set out below and shall be preceded by the following introductory words:      ‘If and as long as there are Member States with a derogation, the European Central Bank shall, as regards those Member States:’   (i)   in the third indent, the words ‘European Monetary System’ shall be replaced by ‘exchange-rate mechanism’;   (ii)   the fifth indent shall be replaced by the following:      —   ‘—   carry out the former tasks of the European Monetary Cooperation Fund which had subsequently been taken over by the European Monetary Institute.’.

(a)   the words ‘Until the beginning of the third stage, each Member State shall treat’ shall be replaced by ‘Each Member State with a derogation shall treat’;

(b)   the words ‘of the European Monetary System (EMS) and in developing the ecu, and shall respect existing powers in this field’ shall be replaced by ‘of the exchange-rate mechanism.’.

(a)   in paragraph 1, the words ‘with a derogation’ shall be inserted after ‘Member State’ in the first and second subparagraphs and the word ‘progressive’ in the first subparagraph shall be deleted;

(b)   in paragraph 2(a), the words ‘with a derogation’ shall be inserted after ‘Member States’ and in paragraph 2(b), the words ‘the State which is in difficulties’ shall be replaced by ‘the Member State with a derogation which is in difficulties,’;

(c)   in paragraph 3, the words ‘the Commission shall authorise the State which is in difficulties’ shall be replaced by ‘the Commission shall authorise the Member State with a derogation, which is in difficulties,’;

(d)   paragraph 4 shall be deleted.

(a)   in paragraph 1, the words ‘the Member State concerned’ shall be replaced by ‘a Member State with a derogation’;

(b)   in paragraph 3, the words ‘an opinion’ shall be replaced by ‘a recommendation’ and the word ‘Member’ shall be inserted before ‘State’;

(c)   paragraph 4 shall be deleted.

Articles 132 and 134 shall be repealed.

‘Article 136a The Union recognises and promotes the role of the social partners at its level, taking into account the diversity of national systems. It shall facilitate dialogue between the social partners, respecting their autonomy. The Tripartite Social Summit for Growth and Employment shall contribute to social dialogue.’.

(a)   in paragraph 2, in the introductory words of the first subparagraph, the words ‘the Council:’ shall be replaced by ‘the European Parliament and the Council:’ and the first sentence of the second subparagraph shall be split into two subparagraphs which shall read as follows:      ‘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 second sentence of the second subparagraph shall become the last subparagraph, and the words ‘of this Article’ shall be deleted;

(b)   in paragraph 3, at the end of the first subparagraph, the following words shall be added ‘or, where appropriate, with the implementation of a Council decision adopted in accordance with Article 139’; in the second subparagraph, the words ‘a directive must be transposed in accordance with Article 249’ shall be replaced by ‘a directive or a decision must be transposed or implemented,’ and the words ‘or that decision’ shall be added at the end of the subparagraph.

(a)   at the end of the first subparagraph, the following sentence shall be added: ‘The European Parliament shall be informed.’;

(b)   in the second subparagraph, at the beginning of the first sentence, ‘The Council shall act by qualified majority, except where the agreement’ shall be replaced by ‘The Council shall act unanimously where the agreement’ and the second sentence shall be deleted.

(a)   in paragraph 1, the following subparagraph shall be inserted:      ‘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.’;

(b)   in paragraph 2, fifth indent, the words ‘and encouraging the participation of young people in democratic life in Europe,’ shall be added at the end; the following shall be inserted as the last indent:      —   ‘—   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.’;

(c)   in paragraph 3, the words ‘and sport’ shall be added after ‘in the field of education’;

(d)   in paragraph 4, the words ‘the Council’ shall be deleted from the introductory phrase and the first indent shall begin with the words ‘the European Parliament and the Council, acting’; the second indent shall begin with the words ‘the Council, on a proposal’.

(a)   in the introductory phrase, the words ‘the Council’ shall be deleted;

(b)   in the first indent, the first sentence shall begin with the words ‘the European Parliament and the Council, acting’, and the second sentence shall be deleted;

(c)   in the second indent, the words ‘acting unanimously’ shall be deleted and the indent shall begin with the words ‘the Council, on a proposal’.

(a)   in paragraph 1, second subparagraph, the word ‘human’ shall be replaced by ‘physical and mental’ and, at the end of that subparagraph, the following shall be added: ‘, and monitoring, early warning of and combating serious cross-border threats to health’;

(b)   in paragraph 2, at the end of the first subparagraph, the following sentence shall be added: ‘It shall in particular encourage cooperation between the Member States to improve the complementarity of their health services in cross-border areas.’;

(c)   In paragraph 2, the following shall be added at the end of the second subparagraph: ‘, in particular initiatives aiming at the establishment of guidelines and indicators, the organisation of exchange of best practice, and the preparation of the necessary elements for periodic monitoring and evaluation. The European Parliament shall be kept fully informed.’;

(d)   paragraph 4 shall be amended as follows:   (i)   in the introductory wording to the first subparagraph, the following words shall be inserted at the beginning: ‘By way of derogation from Article 2 A(5) and Article 2 E(a) and in accordance with Article 2 C(2)(k)’ and the following shall be added at the end: ‘in order to meet common safety concerns:’;   (ii)   in point (b), the words ‘by way of derogation from Article 37,’ shall be deleted;   (iii)   the following new point (c) shall be inserted:        ‘(c)   measures setting high standards of quality and safety for medicinal products and devices for medical use.’;   (iv)   the current point (c) shall be renumbered paragraph 5 and replaced by the following:      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.’;

(e)   the second subparagraph of the current paragraph 4 shall become paragraph 6 and paragraph 5, renumbered 7, shall be replaced by the following:      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.’.

(a)   at the end of paragraph 2, the following shall be added: ‘, 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.’;

(b)   in paragraph 3, first subparagraph, the following phrase shall be added at the end of the second sentence: ‘, excluding any harmonisation of the laws and regulations of the Member States’.

(a)   in the first paragraph, the words ‘economic and social cohesion’ shall be replaced by ‘economic, social and territorial cohesion’;

(b)   in the second paragraph, the words ‘or islands, including rural areas’ shall be deleted;

(c)   the following new paragraph shall be added:      ‘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.’.

(a)   at the beginning of the first paragraph, first sentence, the words ‘Without prejudice to Article 162, the Council, acting unanimously on a proposal from the Commission and after obtaining the assent of the European Parliament’ shall be replaced by ‘Without prejudice to Article 162, the European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure’. In the second sentence the words ‘The Council, acting by the same procedure, shall also define’ shall be deleted at the beginning and the words ‘shall also be defined by the same procedure’ added at the end;

(b)   in the second paragraph the words ‘by the Council’ shall be deleted;

(c)   the third paragraph shall be deleted.

(a)   paragraph 1 shall be replaced by the following:      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.’;

(b)   in paragraph 2, the words ‘enabling undertakings to exploit the internal market potential to the full,’ shall be replaced by ‘permitting researchers to cooperate freely across borders and at enabling undertakings to exploit the internal market potential to the full,’.

(a)   in paragraph 4, the words ‘The Council, acting by a qualified majority on a proposal from the Commission’ shall be replaced by ‘The Council, acting in accordance with a special legislative procedure’;

(b)   the following new paragraph 5 shall be added:      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.’.

‘Article 172a 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. 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. 3.   The Union shall establish any appropriate relations with the European Space Agency. 4.   This Article shall be without prejudice to the other provisions of this Title.’.

(a)   in paragraph 1, the fourth indent shall be replaced by the following:      —   ‘—   promoting measures at international level to deal with regional or worldwide environmental problems, and in particular combating climate change.’;

(b)   in paragraph 2, second subparagraph, the words ‘Community inspection procedure’ shall be replaced by ‘a procedure of inspection by the Union’;

(c)   in paragraph 4, first subparagraph, the last phrase ‘, which shall be negotiated and concluded in accordance with Article 300’ shall be deleted.

(a)   in paragraph 2, the second subparagraph shall be replaced by the following:      ‘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.’;

(b)   in the first subparagraph of paragraph 3, the words ‘In other areas,’ shall be deleted and the second subparagraph shall be replaced by the following:      ‘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.’;

(c)   in paragraph 4, the words ‘certain measures of a Community nature,’ shall be replaced by ‘certain measures adopted by the Union’;

(d)   in paragraph 5, the words ‘the Council shall, in the act adopting that measure, lay down’ shall be replaced by ‘such measure shall lay down’.

‘TITLE XX ENERGY Article 176 A 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; and   (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. 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 175(2)(c). 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.’.

‘TITLE XXI TOURISM Article 176 B 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. 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.’.

‘TITLE XXII CIVIL PROTECTION Article 176 C 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. 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.’.

‘TITLE XXIII ADMINISTRATIVE COOPERATION Article 176 D 1.   Effective implementation of Union law by the Member States, which is essential for the proper functioning of the Union, shall be regarded as a matter of common interest. 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. 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.’.

Title I:	General provisions on the Union's external action
Title II:	Common commercial policy
Title III:	Cooperation with third countries and humanitarian aid
Chapter 1:	Development cooperation
Chapter 2:	Economic, financial and technical cooperation with third countries
Chapter 3:	Humanitarian aid
Title IV:	Restrictive measures
Title V:	International agreements
Title VI:	The Union's relations with international organisations and third countries and Union delegations
Title VII:	Solidarity clause.

‘TITLE I GENERAL PROVISONS ON THE UNION'S EXTERNAL ACTION Article 188 A The Union's action on the international scene, pursuant to this Part, shall be guided by the principles, pursue the objectives and be conducted in accordance with the general provisions laid down in Chapter 1 of Title V of the Treaty on European Union.’.

(a)   the first paragraph shall be replaced by the following:      ‘By establishing a customs union in accordance with Articles 23 to 27, 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.’;

(b)   the second paragraph shall be deleted.

‘Article 188 C 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. 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. 3.   Where agreements with one or more third countries or international organisations need to be negotiated and concluded, Article 188 N 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. 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. 5.   The negotiation and conclusion of international agreements in the field of transport shall be subject to Title V of Part Three and to Article 188 N. 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 insofar as the Treaties exclude such harmonisation.’.

(a)   paragraphs 1 and 2 shall be replaced by the following:      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 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 it implements which are likely to affect developing countries.’;

(b)   paragraph 3 shall be renumbered ‘2’.

(a)   paragraph 1 shall be replaced by the following:      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 may relate to multiannual cooperation programmes with developing countries or programmes with a thematic approach.’;

(b)   the following new paragraph 2 shall be inserted:      2.   The Union may conclude with third countries and competent international organisations any agreement helping to achieve the objectives referred to in Article 10 A of the Treaty on European Union and in Article 188 D of this Treaty. The first subparagraph shall be without prejudice to Member States' competence to negotiate in international bodies and to conclude agreements.’;

(c)   the current paragraph 2 shall be renumbered ‘3’ and the current paragraph 3 shall be deleted.

At the beginning of paragraph 1, the following words shall be inserted: ‘In order to promote the complementarity and efficiency of their action,’.

(a)   paragraph 1 shall be replaced by the following:      1.   Without prejudice to the other provisions of the Treaties, and in particular Articles 188 D to 188 G, 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.’;

(b)   paragraph 2 shall be replaced by the following:      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.’;

(c)   at the end of the second sentence of the first subparagraph of paragraph 3, the words ‘, which shall be negotiated and concluded in accordance with Article 300’ shall be deleted.

‘Article 188 I When the situation in a third country requires urgent financial assistance from the Union, the Council shall adopt the necessary decisions on a proposal from the Commission.’.

‘CHAPTER 3 HUMANITARIAN AID Article 188 J 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 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. 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. 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. 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 10 A of the Treaty on European Union. The first subparagraph shall be without prejudice to Member States' competence to negotiate in international bodies and to conclude agreements. 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. 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. 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.’.

‘TITLE IV RESTRICTIVE MEASURES Article 188 K 1.   Where a decision, adopted in accordance with Chapter 2 of Title V of the Treaty on 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. 2.   Where a decision adopted in accordance with Chapter 2 of Title V of the Treaty on 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. 3.   The acts referred to in this Article shall include necessary provisions on legal safeguards.’.

‘Article 188 L 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. 2.   Agreements concluded by the Union are binding upon the institutions of the Union and on its Member States.’.

‘Article 188 N 1.   Without prejudice to the specific provisions laid down in Article 188 C, agreements between the Union and third countries or international organisations shall be negotiated and concluded in accordance with the following procedure. 2.   The Council shall authorise the opening of negotiations, adopt negotiating directives, authorise the signing of agreements and conclude them. 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. 4.   The Council may address directives to the negotiator and designate a special committee in consultation with which the negotiations must be conducted. 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. 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. 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. 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 188 H with the States which are candidates for accession. The Council shall also act unanimously for the agreement on accession of the Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms; the decision concluding this agreement shall enter into force after it has been approved by the Member States in accordance with their respective constitutional requirements. 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. 10.   The European Parliament shall be immediately and fully informed at all stages of the procedure. 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.’.

(a)   paragraph 1, first subparagraph, shall be replaced by the following:      1.   By way of derogation from Article 188 N(1), 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.’. In the second subparagraph, the words ‘on a recommendation from the ECB or from the Commission and after consulting the ECB in an endeavour to’ shall be replaced by the following: ‘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’;

(b)   in paragraph 2, the words ‘non-Community currencies’ shall be replaced by ‘currencies of third States’;

(c)   in paragraph 3, in the first sentence of the first subparagraph, the reference to Article 300 shall be replaced by a reference to Article 188 N and the word ‘States’ shall be replaced by ‘third States’, and the second subparagraph shall be deleted;

(d)   paragraph 5 shall be renumbered ‘4’.

‘TITLE VI THE UNION'S RELATIONS WITH INTERNATIONAL ORGANISATIONS AND THIRD COUNTRIES AND UNION DELEGATIONS Article 188 P 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. 2.   The High Representative of the Union for Foreign Affairs and Security Policy and the Commission shall be instructed to implement this Article. Article 188 Q 1.   Union delegations in third countries and at international organisations shall represent the Union. 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.’.

‘TITLE VII SOLIDARITY CLAUSE Article 188 R 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. 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. 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 15b(1) of the Treaty on 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 207, the Council shall be assisted by the Political and Security Committee with the support of the structures developed in the context of the common security and defence policy and by the Committee referred to in Article 61 D; the two committees shall, if necessary, submit joint opinions. 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.’.

(a)   paragraphs 1, 2 and 3 shall be deleted and paragraphs 4 and 5 shall be renumbered 1 and 2 respectively;

(b)   paragraph 4, renumbered 1, shall be amended as follows:   (i)   in the first subparagraph, the words ‘for elections by direct universal suffrage’ shall be replaced by the following: ‘to lay down the provisions necessary for the election of its members by direct universal suffrage’;   (ii)   the second subparagraph shall be replaced by the following:      ‘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.’;

(c)   in paragraph 5, renumbered 2, the words ‘, acting by means of regulations on its own initiative in accordance with a special legislative procedure’ shall be inserted after ‘The European Parliament’.

(a)   in the first paragraph, the words ‘of its Members’ shall be replaced by ‘of its component Members’;

(b)   the third paragraph shall be replaced by the following:      ‘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.’.

(a)   in the first subparagraph of paragraph 1, the words at the beginning ‘The European Parliament shall appoint an Ombudsman, empowered to receive complaints’ shall be replaced by ‘A European Ombudsman, elected by the European Parliament, shall be empowered to receive complaints’; in the last part of the sentence, the words ‘and the Court of First Instance acting in their judicial role’ shall be replaced by: ‘acting in its judicial role’ and the following final sentence shall be added: ‘He or she shall examine such complaints and report on them.’;

(b)   in the first subparagraph of paragraph 2, the word ‘appointed’ shall be replaced by ‘elected’;

(c)   in paragraph 3, the words ‘from any body’ shall be replaced by ‘from any Government, institution, body, office or entity’;

(d)   in paragraph 4, the words ‘acting by means of regulations on its own initiative in accordance with a special legislative procedure’ shall be inserted after ‘The European Parliament’.

(a)   the first paragraph shall be deleted;

(b)   the second paragraph shall be replaced by the following:      ‘The Commission may attend all the meetings and shall, at its request, be heard.’;

(c)   the fourth paragraph shall be replaced by the following:      ‘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.’.

‘If the motion of censure is carried by a two-thirds majority of the votes cast, representing a majority of the component members of the European Parliament, the members of the Commission shall resign as a body and the High Representative of the Union for Foreign Affairs and Security Policy shall resign from duties that he or she carries out in the Commission. They shall remain in office and continue to deal with current business until they are replaced in accordance with Article 9 D of the Treaty on European Union. In this case, the term of office of the members of the Commission appointed to replace them shall expire on the date on which the term of office of the members of the Commission obliged to resign as a body would have expired.’.

‘SECTION 1a THE EUROPEAN COUNCIL Article 201a 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 9 C(4) of the Treaty on European Union and Article 205(2) of this Treaty shall apply to the European Council when it is acting by a qualified majority. Where the European Council decides by vote, its President and the President of the Commission shall not take part in the vote. Abstentions by members present in person or represented shall not prevent the adoption by the European Council of acts which require unanimity. 2.   The President of the European Parliament may be invited to be heard by the European Council. 3.   The European Council shall act by a simple majority for procedural questions and for the adoption of its Rules of Procedure. 4.   The European Council shall be assisted by the General Secretariat of the Council. Article 201b 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 9 C(6) of the Treaty on European Union;   (b)   a decision on the Presidency of Council configurations, other than that of Foreign Affairs, in accordance with Article 9 C(9) of the Treaty on European Union.’.

(a)   paragraphs 1 and 2 shall be replaced by the following:      1.   Where it is required to act by a simple majority, the Council shall act by a majority of its component members. 2.   By way of derogation from Article 9 C(4) of the Treaty on 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. 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.’.

(b)   paragraph 4 shall be deleted and paragraph 3 shall be renumbered 4.

‘Article 207 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. 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. 3.   The Council shall act by a simple majority regarding procedural matters and for the adoption of its Rules of Procedure.’.

‘Article 210 The Council shall determine the salaries, allowances and pensions of the President of the European Council, the President of the Commission, the High Representative of the Union for Foreign Affairs and Security Policy, the members of the Commission, the Presidents, members and Registrars of the Court of Justice of the European Union, and the Secretary-General of the Council. It shall also determine any payment to be made instead of remuneration.’.

‘Article 211a In accordance with Article 9 D(5) of the Treaty on European Union, the members of the Commission shall be chosen on the basis of a system of rotation established unanimously by the European Council and on the basis of the following principles:   (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.’.

‘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.’.

(a)   the second paragraph shall be replaced by the following two paragraphs:      ‘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 9 D(3) of the Treaty on European Union.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.’;

(b)   the following new fifth paragraph shall be inserted:      ‘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 9 E(1) of the Treaty on European Union’;

(c)   the last paragraph shall be replaced by the following:      ‘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 9 D of the Treaty on European Union.’.

‘Article 224a A panel shall be set up in order to give an opinion on candidates' suitability to perform the duties of Judge and Advocate-General of the Court of Justice and the General Court before the governments of the Member States make the appointments referred to in Articles 223 and 224. The panel shall comprise seven persons chosen from among former members of the Court of Justice and the General Court, members of national supreme courts and lawyers of recognised competence, one of whom shall be proposed by the European Parliament. The Council shall adopt a decision establishing the panel's operating rules and a decision appointing its members. It shall act on the initiative of the President of the Court of Justice.’.

(a)   the first paragraph shall be replaced by the following text:      ‘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.’;

(b)   in the second paragraph, the words ‘the decision’ shall be replaced by ‘the regulation’ and the words ‘the panel’ shall be replaced by ‘the court’;

(c)   in the third paragraph, the words ‘the decision establishing the panel’ shall be replaced by ‘the regulation establishing the specialised court’;

(d)   in the sixth paragraph, the words ‘the decision’ shall be replaced by ‘the regulation’ and the following sentence shall be added at the end: ‘Title I of the Statute and Article 64 thereof shall in any case apply to the specialised courts.’.

(a)   in paragraph 2, the first and second subparagraphs shall be replaced by the following wording, which shall become the first subparagraph:      2.   If the Commission considers that the Member State concerned has not taken the necessary measures to comply with 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.’ In the third subparagraph, which shall become the second, the words ‘of Justice’ shall be deleted after ‘Court’;

(b)   the following new paragraph 3 shall be added:      3.   When the Commission brings a case before the Court pursuant to Article 226 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.’.

(a)   in the first paragraph, the words ‘acts adopted jointly by the European Parliament and the Council,’ shall be replaced by ‘legislative acts,’ the words ‘and of the European Council’ shall be inserted after ‘European Parliament’ and the following sentence shall be added at the end: ‘It shall also review the legality of acts of bodies, offices or agencies of the Union intended to produce legal effects vis-à-vis third parties.’;

(b)   in the third paragraph, the words ‘by the Court of Auditors and by the ECB for the purpose of protecting their prerogatives’ shall be replaced by ‘by the Court of Auditors, by the European Central Bank and by the Committee of the Regions for the purpose of protecting their prerogatives’;

(c)   the fourth paragraph shall be replaced by the following:      ‘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.’;

(d)   the following new fifth paragraph shall be inserted, and the present fifth paragraph shall become the sixth paragraph:      ‘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.’.

(a)   in the first paragraph, the words ‘the European Council,’ shall be inserted after ‘European Parliament’, the words ‘or the European Central Bank’ shall be inserted after ‘Commission’, the word ‘or’ before ‘the Commission’ shall be replaced by a comma and the following sentence shall be added at the end of the paragraph: ‘This Article shall apply, under the same conditions, to bodies, offices and agencies of the Union which fail to act.’;

(b)   in the third paragraph, the words ‘, body, office or agency’ shall be inserted after ‘an institution’;

(c)   the fourth paragraph shall be deleted.

‘Article 235a The Court of Justice shall have jurisdiction to decide on the legality of an act adopted by the European Council or by the Council pursuant to Article 7 of the Treaty on European Union solely at the request of the Member State concerned by a determination of the European Council or of the Council and in respect solely of the procedural stipulations contained in that Article. Such a request must be made within one month from the date of such determination. The Court shall rule within one month from the date of the request.’.

‘Article 240a The Court of Justice of the European Union shall not have jurisdiction with respect to the provisions relating to the common foreign and security policy nor with respect to acts adopted on the basis of those provisions. However, the Court shall have jurisdiction to monitor compliance with Article 25b of the Treaty on European Union and to rule on proceedings, brought in accordance with the conditions laid down in the fourth paragraph of Article 230 of this Treaty, reviewing the legality of decisions providing for restrictive measures against natural or legal persons adopted by the Council on the basis of Chapter 2 of Title V of the Treaty on European Union. Article 240b In exercising its powers regarding the provisions of Chapters 4 and 5 of Title IV of Part Three relating to the area of freedom, security and justice, the Court of Justice of the European Union shall have no jurisdiction to review the validity or proportionality of operations carried out by the police or other law-enforcement services of a Member State or the exercise of the responsibilities incumbent upon Member States with regard to the maintenance of law and order and the safeguarding of internal security.’.

‘Article 241 Notwithstanding the expiry of the period laid down in Article 230, fifth paragraph, any party may, in proceedings in which an act of general application adopted by an institution, body, office or agency of the Union is at issue, plead the grounds specified in Article 230, second paragraph, in order to invoke before the Court of Justice of the European Union the inapplicability of that act.’.

‘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.’.

‘SECTION 4a THE EUROPEAN CENTRAL BANK Article 245a 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 currency is the euro, which constitute the Eurosystem, shall conduct the monetary policy of the Union. 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. 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. 4.   The European Central Bank shall adopt such measures as are necessary to carry out its tasks in accordance with Articles 105 to 111a, with Article 115 C, 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. 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.’.

(a)   in paragraph 1, the words ‘of the Member States whose currency is the euro’ shall be inserted at the end after ‘national central banks’;

(b)   in paragraph 2 the numbering (a) and (b) shall be deleted, the present point (a) shall become the first subparagraph and the three subparagraphs of the present point (b) shall respectively become the second, third and fourth subparagraphs of the paragraph; in the second subparagraph, the words ‘from among persons of recognised standing and professional experience in monetary or banking matters by common accord of the governments of the Member States at the level of Heads of State or Government,’ shall be replaced by ‘by the European Council, acting by a qualified majority, from among persons of recognised standing and professional experience in monetary or banking matters,’.

‘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.’.

(a)   paragraph 1 and the first subparagraph of paragraph 4 shall be deleted. Paragraphs 2 to 9 shall be renumbered 1 to 8 respectively;

(b)   in paragraph 2, renumbered 1, the word ‘countries’ shall be replaced by ‘States’;

(c)   in paragraph 4, renumbered 3, the word ‘they’ shall be replaced by ‘the Members of the Court of Auditors’.

‘SECTION 1 THE LEGAL ACTS OF THE UNION’.

(a)   the first paragraph shall be replaced by the following:      ‘To exercise the Union's competences, the institutions shall adopt regulations, directives, decisions, recommendations and opinions.’;

(b)   the fourth paragraph shall be replaced by the following:      ‘A decision shall be binding in its entirety. A decision which specifies those to whom it is addressed shall be binding only on them.’.

‘Article 249 A 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 procedure is defined in Article 251. 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. 3.   Legal acts adopted by legislative procedure shall constitute legislative acts. 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. Article 249 B 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. 2.   Legislative acts shall explicitly lay down the conditions to which the delegation is subject; these 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. 3.   The adjective “delegated” shall be inserted in the title of delegated acts. Article 249 C 1.   Member States shall adopt all measures of national law necessary to implement legally binding Union acts. 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 11 and 13 of the Treaty on European Union, on the Council. 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. 4.   The word “implementing” shall be inserted in the title of implementing acts. Article 249 D The Council shall adopt recommendations. It shall act on a proposal from the Commission in all cases where the Treaties provide that it shall adopt acts on a proposal from the Commission. It shall act unanimously in those areas in which unanimity is required for the adoption of a Union act. The Commission, and the European Central Bank in the specific cases provided for in the Treaties, shall adopt recommendations.’.

1.   Where, pursuant to the Treaties, the Council acts on a proposal from the Commission, the Council may amend that proposal only by acting unanimously, except in the cases referred to in paragraphs 10 and 13 of Article 251, in Articles 268, 270a and 272 and in the second paragraph of Article 273.’.

(a)   in paragraph 1 the words ‘to this Article’ shall be replaced by ‘to the ordinary legislative procedure’;

(b)   the second and third subparagraphs of paragraph 2, and paragraphs 3 to 7 shall be replaced by the following:      ‘First reading 3.   The European Parliament shall adopt its position at first reading and communicate it to the Council. 4.   If the Council approves the European Parliament's position, the act concerned shall be adopted in the wording which corresponds to the position of the European Parliament. 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. 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 position. Second reading 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. 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. 9.   The Council shall act unanimously on the amendments on which the Commission has delivered a negative opinion. Conciliation 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. 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. 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. Third reading 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. 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. Special provisions 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.’.

‘Article 252a The European Parliament, the Council and the Commission shall consult each other and by common agreement make arrangements for their cooperation. To that end, they may, in compliance with the Treaties, conclude interinstitutional agreements which may be of a binding nature.’.

‘Article 253 Where the Treaties do not specify the type of act to be adopted, the institutions shall select it on a case-by-case basis, in compliance with the applicable procedures and with the principle of proportionality. Legal acts shall state the reasons on which they are based and shall refer to any proposals, initiatives, recommendations, requests or opinions required by the Treaties. When considering draft legislative acts, the European Parliament and the Council shall refrain from adopting acts not provided for by the relevant legislative procedure in the area in question.’.

‘Article 254 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 adopted them. Legislative acts shall be published in the Official Journal of the European Union. They shall enter into force on the date specified in them or, in the absence thereof, on the twentieth day following that of their publication. 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 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.’.

‘Article 254a 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. 2.   In compliance with the Staff Regulations and the Conditions of Employment adopted on the basis of Article 283, the European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall establish provisions to that end.’.

‘CHAPTER 3 THE UNION'S ADVISORY BODIES Article 256a 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. 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. 3.   The Committee of the Regions shall consist of representatives of regional and local bodies who either hold a regional or local authority electoral mandate or are politically accountable to an elected assembly. 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. 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.’.

‘The Council, acting unanimously on a proposal from the Commission, shall adopt a decision determining the Committee's composition.’.

(a)   in paragraph 1, the first sentence shall be replaced by the following sentence: ‘The members of the Committee shall be appointed for five years.’;

(b)   paragraph 2 shall be replaced by the following:      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.’.

(a)   a reference to the European Parliament shall be inserted before the reference to the Council in the first, second and third paragraphs;

(b)   in the first paragraph, the word ‘must’ shall be replaced by ‘shall’;

(c)   in the third paragraph, the words ‘and that of the specialised section’ shall be deleted.

(d)   the fourth paragraph shall be deleted.

(a)   the first paragraph shall be deleted;

(b)   the third paragraph, which shall become the second, shall be replaced by the following:      ‘The Council, acting unanimously on a proposal from the Commission, shall adopt a decision determining the Committee's composition.’;

(c)   in the fourth paragraph, which shall become the third, in the first sentence, the words ‘on proposals from the respective Member States’ shall be deleted and the figure ‘four’ shall be replaced by ‘five’; in the fourth sentence, the words ‘the first paragraph’ shall be replaced by the words ‘Article 256a(3),’;

(d)   the last paragraph shall be deleted.

(a)   a reference to the European Parliament shall be inserted before the reference to the Council in the first, second, third and last paragraphs;