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Document 12002M040A

Treaty on European Union (Nice consolidated version)
Title VI: Provisions on police and judicial cooperation in criminal matters
Article 40 a

OJ C 325, 24.12.2002, p. 27–27 (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_40a/oj

12002M040A

Treaty on European Union (Nice consolidated version) - Title VI: Provisions on police and judicial cooperation in criminal matters - Article 40 a

Official Journal C 325 , 24/12/2002 P. 0027 - 0027


Treaty on European Union (Nice consolidated version)

Title VI: Provisions on police and judicial cooperation in criminal matters

Article 40 a

Article 40a

1. Member States which intend to establish enhanced cooperation between themselves under Article 40 shall address a request to the Commission, which may submit a proposal to the Council to that effect. In the event of the Commission not submitting a proposal, it shall inform the Member States concerned of the reasons for not doing so. Those Member States may then submit an initiative to the Council designed to obtain authorisation for the enhanced cooperation concerned.

2. The authorisation referred to in paragraph 1 shall be granted, in compliance with Articles 43 to 45, by the Council, acting by a qualified majority, on a proposal from the Commission or on the initiative of at least eight Member States, and after consulting the European Parliament. The votes of the members of the Council shall be weighted in accordance with Article 205(2) of the Treaty establishing the European Community.

A member of the Council may request that the matter be referred to the European Council. After that matter has been raised before the European Council, the Council may act in accordance with the first subparagraph of this paragraph.

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