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Document 12006M023

Treaty on European Union (consolidated version)
Title V - Provisions on a common foreign and security policy
Article 23

OJ C 321E, 29.12.2006, p. 19–20 (ES, CS, DA, DE, ET, EL, EN, FR, GA, IT, LV, LT, HU, MT, NL, PL, PT, SK, SL, FI, SV)

Legal status of the document In force

ELI: http://data.europa.eu/eli/treaty/teu_2006/art_23/oj

12006M023

Treaty on European Union (consolidated version) - Title V - Provisions on a common foreign and security policy - Article 23

Official Journal C 321 E , 29/12/2006 P. 0019 - 0020
Official Journal C 325 , 24/12/2002 P. 0018 - Consolidated version
Official Journal C 340 , 10/11/1997 P. 0160 - Consolidated version


Article 23 [2]

1. Decisions under this title shall be taken by the Council acting unanimously. Abstentions by members present in person or represented shall not prevent the adoption of such decisions.

When abstaining in a vote, any member of the Council may qualify its abstention by making a formal declaration under the present subparagraph. In that case, it shall not be obliged to apply the decision, but shall accept that the decision commits the Union. In a spirit of mutual solidarity, the Member State concerned shall refrain from any action likely to conflict with or impede Union action based on that decision and the other Member States shall respect its position. If the members of the Council qualifying their abstention in this way represent more than one third of the votes weighted in accordance with Article 205(2) of the Treaty establishing the European Community, the decision shall not be adopted.

2. By derogation from the provisions of paragraph 1, the Council shall act by qualified majority:

- when adopting joint actions, common positions or taking any other decision on the basis of a common strategy,

- when adopting any decision implementing a joint action or a common position,

- when appointing a special representative in accordance with Article 18(5).

If a member of the Council declares that, for important and stated reasons of national policy, it intends to oppose the adoption of a decision to be taken by qualified majority, a vote shall not be taken. The Council may, acting by a qualified majority, request that the matter be referred to the European Council for decision by unanimity.

The votes of the members of the Council shall be weighted in accordance with Article 205(2) of the Treaty establishing the European Community. For their adoption, decisions shall require at least 232 votes in favour cast by at least two thirds of the members. When a decision is to be adopted by the Council by a qualified majority, a member of the Council may request verification that the Member States constituting the qualified majority represent at least 62% of the total population of the Union. If that condition is shown not to have been met, the decision in question shall not be adopted.

This paragraph shall not apply to decisions having military or defence implications.

3. For procedural questions, the Council shall act by a majority of its members.

[2] Article amended by the 2003 Act of Accession. See Appendix at the end of this publication.

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