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Document 12002M044

    Treaty on European Union (Nice consolidated version)
    Title VII: Provisions on closer cooperation
    Article 44

    OJ C 325, 24.12.2002, p. 29–29 (ES, DA, DE, EL, EN, FR, IT, NL, PT, FI, SV)

    Legal status of the document In force

    ELI: http://data.europa.eu/eli/treaty/teu_2002/art_44/oj

    12002M044

    Treaty on European Union (Nice consolidated version) - Title VII: Provisions on closer cooperation - Article 44

    Official Journal C 325 , 24/12/2002 P. 0029 - 0029
    Official Journal C 340 , 10/11/1997 P. 0169 - Consolidated version


    Treaty on European Union (Nice consolidated version)

    Title VII: Provisions on closer cooperation

    Article 44

    Article 44

    1. For the purposes of the adoption of the acts and decisions necessary for the implementation of enhanced cooperation referred to in Article 43, the relevant institutional provisions of this Treaty and of the Treaty establishing the European Community shall apply. However, while all members of the Council shall be able to take part in the deliberations, only those representing Member States participating in enhanced cooperation shall take part in the adoption of decisions. The qualified majority shall be defined as the same proportion of the weighted votes and the same proportion of the number of the Council members concerned as laid down in Article 205(2) of the Treaty establishing the European Community, and in the second and third subparagraphs of Article 23(2) of this Treaty as regards enhanced cooperation established on the basis of Article 27c. Unanimity shall be constituted by only those Council members concerned.

    Such acts and decisions shall not form part of the Union acquis.

    2. Member States shall apply, as far as they are concerned, the acts and decisions adopted for the implementation of the enhanced cooperation in which they participate. Such acts and decisions shall be binding only on those Member States which participate in such cooperation and, as appropriate, shall be directly applicable only in those States. Member States which do not participate in such cooperation shall not impede the implementation thereof by the participating Member States.

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