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Document 12006E097

    Treaty establishing the European Community (consolidated version)
    Part Three - Community policies
    TITLE VI - Common rules on competition, taxation and approximation of laws
    Chapter 3 - Approximation of laws
    Article 97

    OJ C 321E, 29.12.2006, p. 81–81 (ES, CS, DA, DE, ET, EL, EN, FR, GA, LV, LT, MT, NL, PL, PT, SK, SL, FI, SV)

    Legal status of the document In force

    ELI: http://data.europa.eu/eli/treaty/tec_2006/art_97/oj

    12006E097

    Treaty establishing the European Community (consolidated version) - Part Three - Community policies - TITLE VI - Common rules on competition, taxation and approximation of laws - Chapter 3 - Approximation of laws - Article 97

    Official Journal C 321 E , 29/12/2006 P. 0081 - 0081
    Official Journal C 325 , 24/12/2002 P. 0070 - Consolidated version
    Official Journal C 340 , 10/11/1997 P. 0215 - Consolidated version
    Official Journal C 224 , 31/08/1992 P. 0033 - Consolidated version
    (EEC Treaty - no official publication available)


    Article 97

    1. Where there is a reason to fear that the adoption or amendment of a provision laid down by law, regulation or administrative action may cause distortion within the meaning of Article 96, a Member State desiring to proceed therewith shall consult the Commission. After consulting the Member States, the Commission shall recommend to the States concerned such measures as may be appropriate to avoid the distortion in question.

    2. If a State desiring to introduce or amend its own provisions does not comply with the recommendation addressed to it by the Commission, other Member States shall not be required, pursuant to Article 96, to amend their own provisions in order to eliminate such distortion. If the Member State which has ignored the recommendation of the Commission causes distortion detrimental only to itself, the provisions of Article 96 shall not apply.

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