11957E100A

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" Article 100a

1 . By way of derogation from Article 100 and save where otherwise provided in this Treaty , the following provisions shall apply for the achievement of the objectives set out in Article 8a . The Council shall , acting by a qualified majority on a proposal from the Commission in co-operation with the European Parliament and after consulting the Economic and Social Committee , adopt the measures for the approximation of the provisions laid down by law , regulation or administrative action in Member States which have as their object the establishment and functioning of the internal market .

2 . Paragraph 1 shall not apply to fiscal provisions , to those relating to the free movement of persons nor to those relating to the rights and interests of employed persons .

3 . The Commission , in its proposals envisaged in paragraph 1 concerning health , safety , environmental protection and consumer protection , will take as a base a high level of protection .

4 . If , after the adoption of a harmonization measure by the Council acting by a qualified majority , a Member State deems it necessary to apply national provisions on grounds of major needs referred to in Article 36 , or relating to protection of the environment or the working environment , it shall notify the Commission of these provisions .

The Commission shall confirm the provisions involved after having verified that they are not a means of arbitrary discrimination or a disguised restriction on trade between Member States .

By way of derogation from the procedure laid down in Articles 169 and 170 , the Commission or any Member State may bring the matter directly before the Court of Justice if it considers that another Member State is making improper use of the powers provided for in this Article .

5 . The harmonization measures referred to above shall , in appropriate cases , include a safeguard clause authorizing the Member States to take , for one or more of the non-economic reasons referred to in Article 36 , provisional measures subject to a Community control procedure . " .