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Document 12016E238

Consolidated version of the Treaty on the Functioning of the European Union
PART SIX - INSTITUTIONAL AND FINANCIAL PROVISIONS
TITLE I - INSTITUTIONAL PROVISIONS
CHAPTER 1 - THE INSTITUTIONS
SECTION 3 - THE COUNCIL
Article 238 (ex Article 205(1) and (2), TEC)

OJ C 202, 7.6.2016, p. 153–154 (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

Legal status of the document In force

ELI: http://data.europa.eu/eli/treaty/tfeu_2016/art_238/oj

7.6.2016   

EN

Official Journal of the European Union

C 202/153

Article 238

(ex Article 205(1) and (2), TEC)

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 16(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.

4.   Abstentions by Members present in person or represented shall not prevent the adoption by the Council of acts which require unanimity.

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