This document is an excerpt from the EUR-Lex website
Document 02016ME/TXT-20240901
Consolidated versions of the Treaty on European Union and the Treaty on the Functioning of the European Union
Consolidated text: Consolidated versions of the Treaty on European Union and the Treaty on the Functioning of the European Union
Consolidated versions of the Treaty on European Union and the Treaty on the Functioning of the European Union
01/09/2024
02016ME/TXT — EN — 01.09.2024 — 006.001
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
CONSOLIDATED VERSIONS OF THE TREATY ON EUROPEAN UNION AND THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION (OJ C 202 7.6.2016, p. 1) |
Containing:
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Official Journal |
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No |
page |
date |
||
C 263 |
1 |
29.9.2010 |
||
L 325 |
4 |
9.12.2010 |
||
L 91 |
1 |
6.4.2011 |
||
L 204 |
131 |
31.7.2012 |
||
REGULATION (EU, EURATOM) No 741/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 August 2012 |
L 228 |
1 |
23.8.2012 |
|
REGULATION (EU, Euratom) 2015/2422 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 December 2015 |
L 341 |
14 |
24.12.2015 |
|
L 112 |
21 |
24.4.2012 |
||
Amended by:
REGULATION (EU, Euratom) 2016/1192 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 6 July 2016 |
L 200 |
137 |
26.7.2016 |
|
L 110 |
36 |
25.4.2019 |
||
DECISION OF THE BOARD OF GOVERNORS OF THE EUROPEAN INVESTMENT BANK of 16 April 2019 |
L 110 |
39 |
25.4.2019 |
|
REGULATION (EU, Euratom) 2019/629 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 17 April 2019 |
L 111 |
1 |
25.4.2019 |
|
L 196 |
1 |
24.7.2019 |
||
REGULATION (EU, EURATOM) 2024/2019 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 April 2024 |
L 2019 |
1 |
12.8.2024 |
Corrected by:
CONSOLIDATED VERSIONS
OF THE TREATY ON EUROPEAN UNION AND THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION
2016/C 202/01
|
|
CONSOLIDATED VERSION OF THE TREATY ON EUROPEAN UNION |
|
PREAMBLE |
|
TITLE I |
COMMON PROVISIONS |
TITLE II |
PROVISIONS ON DEMOCRATIC PRINCIPLES |
TITLE III |
PROVISION ON THE INSTITUTIONS |
TITLE IV |
PROVISIONS ON ENHANCED COOPERATION |
TITLE V |
GENERAL PROVISIONS ON THE UNION'S EXTERNAL ACTION AND SPECIFIC PROVISIONS ON THE COMMON FOREIGN AND SECURITY POLICY |
Chapter 1 |
General provisions on the Union's external action |
Chapter 2 |
Specific provisions on the common foreign and security policy |
Section 1 |
Common provisions |
Section 2 |
Provisions on the common security and defence policy |
TITLE VI |
FINAL PROVISIONS |
CONSOLIDATED VERSION OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION |
|
PREAMBLE |
|
PART ONE |
PRINCIPLES |
TITLE I |
CATEGORIES AND AREAS OF UNION COMPETENCE |
TITLE II |
PROVISIONS HAVING GENERAL APPLICATION |
PART TWO |
NON-DISCRIMINATION AND CITIZENSHIP OF THE UNION |
PART THREE |
UNION POLICIES AND INTERNAL ACTIONS |
TITLE I |
THE INTERNAL MARKET |
TITLE II |
FREE MOVEMENT OF GOODS |
Chapter 1 |
The customs union |
Chapter 2 |
Customs cooperation |
Chapter 3 |
Prohibition of quantitative restrictions between Member States |
TITLE III |
AGRICULTURE AND FISHERIES |
TITLE IV |
FREE MOVEMENT OF PERSONS, SERVICES AND CAPITAL |
Chapter 1 |
Workers |
Chapter 2 |
Right of establishment |
Chapter 3 |
Services |
Chapter 4 |
Capital and payments |
TITLE V |
AREA OF FREEDOM, SECURITY AND JUSTICE |
Chapter 1 |
General provisions |
Chapter 2 |
Policies on border checks, asylum and immigration |
Chapter 3 |
Judicial cooperation in civil matters |
Chapter 4 |
Judicial cooperation in criminal matters |
Chapter 5 |
Police cooperation |
TITLE VI |
TRANSPORT |
TITLE VII |
COMMON RULES ON COMPETITION, TAXATION AND APPROXIMATION OF LAWS |
Chapter 1 |
Rules on competition |
Section 1 |
Rules applying to undertakings |
Section 2 |
Aids granted by States |
Chapter 2 |
Tax provisions |
Chapter 3 |
Approximation of laws |
TITLE VIII |
ECONOMIC AND MONETARY POLICY |
Chapter 1 |
Economic policy |
Chapter 2 |
Monetary policy |
Chapter 3 |
Institutional provisions |
Chapter 4 |
Provisions specific to Member States whose currency is the euro |
Chapter 5 |
Transitional provisions |
TITLE IX |
EMPLOYMENT |
TITLE X |
SOCIAL POLICY |
TITLE XI |
THE EUROPEAN SOCIAL FUND |
TITLE XII |
EDUCATION, VOCATIONAL TRAINING, YOUTH AND SPORT |
TITLE XIII |
CULTURE |
TITLE XIV |
PUBLIC HEALTH |
TITLE XV |
CONSUMER PROTECTION |
TITLE XVI |
TRANS-EUROPEAN NETWORKS |
TITLE XVII |
INDUSTRY |
TITLE XVIII |
ECONOMIC, SOCIAL AND TERRITORIAL COHESION |
TITLE XIX |
RESEARCH AND TECHNOLOGICAL DEVELOPMENT AND SPACE |
TITLE XX |
ENVIRONMENT |
TITLE XXI |
ENERGY |
TITLE XXII |
TOURISM |
TITLE XXIII |
CIVIL PROTECTION |
TITLE XXIV |
ADMINISTRATIVE COOPERATION |
PART FOUR |
ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES |
PART FIVE |
THE UNION’S EXTERNAL ACTION |
TITLE I |
GENERAL PROVISIONS ON THE UNION'S EXTERNAL ACTION |
TITLE II |
COMMON COMMERCIAL POLICY |
TITLE III |
COOPERATION WITH THIRD COUNTRIES AND HUMANITARIAN AID |
Chapter 1 |
Development cooperation |
Chapter 2 |
Economic, financial and technical cooperation with third countries |
Chapter 3 |
Humanitarian aid |
TITLE IV |
RESTRICTIVE MEASURES |
TITLE V |
INTERNATIONAL AGREEMENTS |
TITLE VI |
THE UNION'S RELATIONS WITH INTERNATIONAL ORGANISATIONS AND THIRD COUNTRIES AND UNION DELEGATIONS |
TITLE VII |
SOLIDARITY CLAUSE |
PART SIX |
INSTITUTIONAL AND FINANCIAL PROVISIONS |
TITLE I |
INSTITUTIONAL PROVISIONS |
Chapter 1 |
The institutions |
Section 1 |
The European Parliament |
Section 2 |
The European Council |
Section 3 |
The Council |
Section 4 |
The Commission |
Section 5 |
The Court of Justice of the European Union |
Section 6 |
The European Central Bank |
Section 7 |
The Court of Auditors |
Chapter 2 |
Legal acts of the Union, adoption procedures and other provisions |
Section 1 |
The legal acts of the Union |
Section 2 |
Procedures for the adoption of acts and other provisions |
Chapter 3 |
The Union's advisory bodies |
Section 1 |
The Economic and Social Committee |
Section 2 |
The Committee of the Regions |
Chapter 4 |
The European Investment Bank |
TITLE II |
FINANCIAL PROVISIONS |
Chapter 1 |
The Union's own resources |
Chapter 2 |
The multiannual financial framework |
Chapter 3 |
The Union's annual budget |
Chapter 4 |
Implementation of the budget and discharge |
Chapter 5 |
Common provisions |
Chapter 6 |
Combatting fraud |
TITLE III |
ENHANCED COOPERATION |
PART SEVEN |
GENERAL AND FINAL PROVISIONS |
PROTOCOLS |
|
Protocol (No 1) |
on the role of National Parliaments in the European Union |
Protocol (No 2) |
on the application of the principles of subsidiarity and proportionality |
Protocol (No 3) |
on the statute of the Court of Justice of the European Union |
Protocol (No 4) |
on the statute of the European System of Central Banks and of the European Central Bank |
Protocol (No 5) |
on the statute of the European Investment Bank |
Protocol (No 6) |
on the location of the seats of the institutions and of certain bodies, offices, agencies and departments of the European Union |
Protocol (No 7) |
on the privileges and immunities of the European Union |
Protocol (No 8) |
relating to article 6(2) of the Treaty on European Union on the accession of the Union to the European Convention on the Protection of Human Rights and Fundamental Freedoms |
Protocol (No 9) |
on the decision of the Council relating to the implementation of Article 16(4) of the Treaty on European Union and article 238(2) of the Treaty on the Functioning of the European Union between 1 November 2014 and 31 March 2017 on the one hand, and as from 1 april 2017 on the other |
Protocol (No 10) |
on permanent structured cooperation established by Article 42 of the Treaty on European Union |
Protocol (No 11) |
on Article 42 of the Treaty on European Union |
Protocol (No 12) |
on the excessive deficit procedure |
Protocol (No 13) |
on the convergence criteria |
Protocol (No 14) |
on the Euro Group |
Protocol (No 15) |
on certain provisions relating to the United Kingdom of Great Britain and Northern Ireland |
Protocol (No 16) |
on certain provisions relating to Denmark |
Protocol (No 17) |
on Denmark |
Protocol (No 18) |
on France |
Protocol (No 19) |
on the Schengen acquis integrated into the framework of the European Union |
Protocol (No 20) |
on the application of certain aspects of Article 26 of the Treaty on the Functioning of the European Union to the United Kingdom and to Ireland |
Protocol (No 21) |
on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice |
Protocol (No 22) |
on the position of Denmark |
Protocol (No 23) |
on external relations of the Member states with regard to the crossing of external borders |
Protocol (No 24) |
on asylum for nationals of Member States of the European Union |
Protocol (No 25) |
on the exercise of shared competence |
Protocol (No 26) |
on services of general interest |
Protocol (No 27) |
on the internal market and competition |
Protocol (No 28) |
on economic, social and territorial cohesion |
Protocol (No 29) |
on the system of public broadcasting in the Member States |
Protocol (No 30) |
on the application of the Charter of Fundamental Rights of the European Union to Poland and to the United Kingdom |
Protocol (No 31) |
concerning imports into the European Union of petroleum products refined in the Netherlands Antilles |
Protocol (No 32) |
on the acquisition of property in Denmark |
Protocol (No 33) |
concerning Article 157 of the Treaty on the Functioning of the European Union |
Protocol (No 34) |
on special arrangements for Greenland |
Protocol (No 35) |
on Article 40.3.3 of the constitution of Ireland |
Protocol (No 36) |
on transitional provisions |
Protocol (No 37) |
on the financial consequences of the expiry of the ECSC Treaty and on the Research fund for Coal and Steel |
Protocol (No 38) |
on the concerns of the Irish people on the Treaty of Lisbon |
ANNEXES TO THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION |
|
ANNEX I |
List referred to in Article 38 of the Treaty on the Functioning of the European Union |
ANNEX II |
Overseas countries and territories to which the provisions of Part Four of the Treaty on the Functioning of the European Union Apply |
DECLARATIONS annexed to the final Act of the Intergovernmental Conference which adopted the Treaty of Lisbon, signed on 13 December 2007 |
|
A. |
DECLARATIONS CONCERNING PROVISIONS OF THE TREATIES |
1. |
Declaration concerning the Charter of Fundamental Rights of the European Union |
2. |
Declaration on Article 6(2) of the Treaty on European Union |
3. |
Declaration on Article 8 of the Treaty on European Union |
4. |
Declaration on the composition of the European Parliament |
5. |
Declaration on the political agreement by the European Council concerning the draft Decision on the composition of the European Parliament |
6. |
Declaration on Article 15(5) and (6), Article 17(6) and (7) and Article 18 of the Treaty on European Union |
7. |
Declaration on Article 16(4) of the Treaty on European Union and Article 238(2) of the Treaty on the Functioning of the European Union |
8. |
Declaration on practical measures to be taken upon the entry into force of the Treaty of Lisbon as regards the Presidency of the European Council and of the Foreign Affairs Council |
9. |
Declaration on Article 16(9) of the Treaty on European Union concerning the European Council decision on the exercise of the Presidency of the Council |
10. |
Declaration on Article 17 of the Treaty on European Union |
11. |
Declaration on Article 17(6) and (7) of the Treaty on European Union |
12. |
Declaration on Article 18 of the Treaty on European Union |
13. |
Declaration concerning the common foreign and security policy |
14. |
Declaration concerning the common foreign and security policy |
15. |
Declaration on Article 27 of the Treaty on European Union |
16. |
Declaration on Article 55(2) of the Treaty on European Union |
17. |
Declaration concerning primacy |
18. |
Declaration in relation to the delimitation of competences |
19. |
Declaration on Article 8 of the Treaty on the Functioning of the European Union |
20. |
Declaration on Article 16 of the Treaty on the Functioning of the European Union |
21. |
Declaration on the protection of personal data in the fields of judicial cooperation in criminal matters and police cooperation |
22. |
Declaration on Articles 48 and 79 of the Treaty on the Functioning of the European Union |
23. |
Declaration on the second paragraph of Article 48 of the Treaty on the Functioning of the European Union |
24. |
Declaration concerning the legal personality of the European Union |
25. |
Declaration on Articles 75 and 215 of the Treaty on the Functioning of the European Union |
26. |
Declaration on non-participation by a Member State in a measure based on Title V of Part Three of the Treaty on the Functioning of the European Union |
27. |
Declaration on Article 85(1), second subparagraph, of the Treaty on the Functioning of the European Union |
28. |
Declaration on Article 98 of the Treaty on the Functioning of the European Union |
29. |
Declaration on Article 107(2)(c) of the Treaty on the Functioning of the European Union |
30. |
Declaration on Article 126 of the Treaty on the Functioning of the European Union |
31. |
Declaration on Article 156 of the Treaty on the Functioning of the European Union |
32. |
Declaration on Article 168(4)(c) of the Treaty on the Functioning of the European Union |
33. |
Declaration on Article 174 of the Treaty on the Functioning of the European Union |
34. |
Declaration on Article 179 of the Treaty on the Functioning of the European Union |
35. |
Declaration on Article 194 of the Treaty on the Functioning of the European Union |
36. |
Declaration on Article 218 of the Treaty on the Functioning of the European Union concerning the negotiation and conclusion of international agreements by Member States relating to the area of freedom, security and justice |
37. |
Declaration on Article 222 of the Treaty on the Functioning of the European Union |
38. |
Declaration on Article 252 of the Treaty on the Functioning of the European Union regarding the number of Advocates-General in the Court of Justice |
39. |
Declaration on Article 290 of the Treaty on the Functioning of the European Union |
40. |
Declaration on Article 329 of the Treaty on the Functioning of the European Union |
41. |
Declaration on Article 352 of the Treaty on the Functioning of the European Union |
42. |
Declaration on Article 352 of the Treaty on the Functioning of the European Union |
43. |
Declaration on Article 355(6) of the Treaty on the Functioning of the European Union |
B. |
DECLARATIONS CONCERNING PROTOCOLS ANNEXED TO THE TREATIES |
44. |
Declaration on Article 5 of the Protocol on the Schengen acquis integrated into the framework of the European Union |
45. |
Declaration on Article 5(2) of the Protocol on the Schengen acquis integrated into the framework of the European Union |
46. |
Declaration on Article 5(3) of the Protocol on the Schengen acquis integrated into the framework of the European Union |
47. |
Declaration on Article 5(3), (4) and (5) of the Protocol on the Schengen acquis integrated into the framework of the European Union |
48. |
Declaration concerning the Protocol on the position of Denmark |
49. |
Declaration concerning Italy |
50. |
Declaration concerning Article 10 of the Protocol on transitional provisions |
C. |
DECLARATIONS BY MEMBER STATES |
51. |
Declaration by the Kingdom of Belgium on national Parliaments |
52. |
Declaration by the Kingdom of Belgium, the Republic of Bulgaria, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the Italian Republic, the Republic of Cyprus, the Republic of Lithuania, the Grand-Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Republic of Austria, the Portuguese Republic, Romania, the Republic of Slovenia and the Slovak Republic on the symbols of the European Union |
53. |
Declaration by the Czech Republic on the Charter of Fundamental Rights of the European Union |
54. |
Declaration by the Federal Republic of Germany, Ireland, the Republic of Hungary, the Republic of Austria and the Kingdom of Sweden |
55. |
Declaration by the Kingdom of Spain and the United Kingdom of Great Britain and Northern Ireland |
56. |
Declaration by Ireland on Article 3 of the Protocol on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice |
57. |
Declaration by the Italian Republic on the composition of the European Parliament |
58. |
Declaration by the Republic of Latvia, the Republic of Hungary and the Republic of Malta on the spelling of the name of the single currency in the Treaties |
59. |
Declaration by the Kingdom of the Netherlands on Article 312 of the Treaty on the Functioning of the European Union |
60. |
Declaration by the Kingdom of the Netherlands on Article 355 of the Treaty on the Functioning of the European Union |
61. |
Declaration by the Republic of Poland on the Charter of Fundamental Rights of the European Union |
62. |
Declaration by the Republic of Poland concerning the Protocol on the application of the Charter of Fundamental Rights of the European Union in relation to Poland and the United Kingdom |
63. |
Declaration by the United Kingdom of Great Britain and Northern Ireland on the definition of the term "nationals" |
64. |
Declaration by the United Kingdom of Great Britain and Northern Ireland on the franchise for elections to the European Parliament |
65. |
Declaration by the United Kingdom of Great Britain and Northern Ireland on Article 75 of the Treaty on the Functioning of the European Union |
Tables of equivalences |
|
Treaty on European Union |
|
Treaty on the Functioning of the European Union |
CONSOLIDATED VERSION OF THE TREATY ON EUROPEAN UNION
PREAMBLE
HIS MAJESTY THE KING OF THE BELGIANS, HER MAJESTY THE QUEEN OF DENMARK, THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY, THE PRESIDENT OF IRELAND, THE PRESIDENT OF THE HELLENIC REPUBLIC, HIS MAJESTY THE KING OF SPAIN, THE PRESIDENT OF THE FRENCH REPUBLIC, THE PRESIDENT OF THE ITALIAN REPUBLIC, HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG, HER MAJESTY THE QUEEN OF THE NETHERLANDS, THE PRESIDENT OF THE PORTUGUESE REPUBLIC, HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, ( 1 )
RESOLVED to mark a new stage in the process of European integration undertaken with the establishment of the European Communities,
DRAWING INSPIRATION from the cultural, religious and humanist inheritance of Europe, from which have developed the universal values of the inviolable and inalienable rights of the human person, freedom, democracy, equality and the rule of law,
RECALLING the historic importance of the ending of the division of the European continent and the need to create firm bases for the construction of the future Europe,
CONFIRMING their attachment to the principles of liberty, democracy and respect for human rights and fundamental freedoms and of the rule of law,
CONFIRMING their attachment to fundamental social rights as defined in the European Social Charter signed at Turin on 18 October 1961 and in the 1989 Community Charter of the Fundamental Social Rights of Workers,
DESIRING to deepen the solidarity between their peoples while respecting their history, their culture and their traditions,
DESIRING to enhance further the democratic and efficient functioning of the institutions so as to enable them better to carry out, within a single institutional framework, the tasks entrusted to them,
RESOLVED to achieve the strengthening and the convergence of their economies and to establish an economic and monetary union including, in accordance with the provisions of this Treaty and of the Treaty on the Functioning of the European Union, a single and stable currency,
DETERMINED to promote economic and social progress for their peoples, taking into account the principle of sustainable development and within the context of the accomplishment of the internal market and of reinforced cohesion and environmental protection, and to implement policies ensuring that advances in economic integration are accompanied by parallel progress in other fields,
RESOLVED to establish a citizenship common to nationals of their countries,
RESOLVED to implement a common foreign and security policy including the progressive framing of a common defence policy, which might lead to a common defence in accordance with the provisions of Article 42, thereby reinforcing the European identity and its independence in order to promote peace, security and progress in Europe and in the world,
RESOLVED to facilitate the free movement of persons, while ensuring the safety and security of their peoples, by establishing an area of freedom, security and justice, in accordance with the provisions of this Treaty and of the Treaty on the Functioning of the European Union,
RESOLVED to continue the process of creating an ever closer union among the peoples of Europe, in which decisions are taken as closely as possible to the citizen in accordance with the principle of subsidiarity,
IN VIEW of further steps to be taken in order to advance European integration,
HAVE DECIDED to establish a European Union and to this end have designated as their Plenipotentiaries:(List of plenipotentiaries not reproduced)
WHO, having exchanged their full powers, found in good and due form, have agreed as follows:
TITLE I
COMMON PROVISIONS
Article 1
(ex Article 1 TEU) ( 2 )
By this Treaty, the HIGH CONTRACTING PARTIES establish among themselves a EUROPEAN UNION, hereinafter called ‘the Union’, on which the Member States confer competences to attain objectives they have in common.
This Treaty marks a new stage in the process of creating an ever closer union among the peoples of Europe, in which decisions are taken as openly as possible and as closely as possible to the citizen.
The Union shall be founded on the present Treaty and on the Treaty on the Functioning of the European Union (hereinafter referred to as ‘the Treaties’). Those two Treaties shall have the same legal value. The Union shall replace and succeed the European Community.
Article 2
The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.
Article 3
(ex Article 2 TEU)
It shall combat social exclusion and discrimination, and shall promote social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child.
It shall promote economic, social and territorial cohesion, and solidarity among Member States.
It shall respect its rich cultural and linguistic diversity, and shall ensure that Europe's cultural heritage is safeguarded and enhanced.
Article 4
The Member States shall take any appropriate measure, general or particular, to ensure fulfilment of the obligations arising out of the Treaties or resulting from the acts of the institutions of the Union.
The Member States shall facilitate the achievement of the Union's tasks and refrain from any measure which could jeopardise the attainment of the Union's objectives.
Article 5
(ex Article 5 TEC)
The institutions of the Union shall apply the principle of subsidiarity as laid down in the Protocol on the application of the principles of subsidiarity and proportionality. National Parliaments ensure compliance with the principle of subsidiarity in accordance with the procedure set out in that Protocol.
The institutions of the Union shall apply the principle of proportionality as laid down in the Protocol on the application of the principles of subsidiarity and proportionality.
Article 6
(ex Article 6 TEU)
The provisions of the Charter shall not extend in any way the competences of the Union as defined in the Treaties.
The rights, freedoms and principles in the Charter shall be interpreted in accordance with the general provisions in Title VII of the Charter governing its interpretation and application and with due regard to the explanations referred to in the Charter, that set out the sources of those provisions.
Article 7
(ex Article 7 TEU)
The Council shall regularly verify that the grounds on which such a determination was made continue to apply.
The obligations of the Member State in question under the Treaties shall in any case continue to be binding on that State.
Article 8
TITLE II
PROVISIONS ON DEMOCRATIC PRINCIPLES
Article 9
In all its activities, the Union shall observe the principle of the equality of its citizens, who shall receive equal attention from its institutions, bodies, offices and agencies. Every national of a Member State shall be a citizen of the Union. ►C2 Citizenship of the Union shall be additional to and not replace national citizenship. ◄
Article 10
Member States are represented in the European Council by their Heads of State or Government and in the Council by their governments, themselves democratically accountable either to their national Parliaments, or to their citizens.
Article 11
The procedures and conditions required for such a citizens' initiative shall be determined in accordance with the first paragraph of Article 24 of the Treaty on the Functioning of the European Union.
Article 12
National Parliaments contribute actively to the good functioning of the Union:
through being informed by the institutions of the Union and having draft legislative acts of the Union forwarded to them in accordance with the Protocol on the role of national Parliaments in the European Union;
by seeing to it that the principle of subsidiarity is respected in accordance with the procedures provided for in the Protocol on the application of the principles of subsidiarity and proportionality;
by taking part, within the framework of the area of freedom, security and justice, in the evaluation mechanisms for the implementation of the Union policies in that area, in accordance with Article 70 of the Treaty on the Functioning of the European Union, and through being involved in the political monitoring of Europol and the evaluation of Eurojust's activities in accordance with Articles 88 and 85 of that Treaty;
by taking part in the revision procedures of the Treaties, in accordance with Article 48 of this Treaty;
by being notified of applications for accession to the Union, in accordance with Article 49 of this Treaty;
by taking part in the inter-parliamentary cooperation between national Parliaments and with the European Parliament, in accordance with the Protocol on the role of national Parliaments in the European Union.
TITLE III
PROVISIONS ON THE INSTITUTIONS
Article 13
The Union's institutions shall be:
Article 14
The European Council shall adopt by unanimity, on the initiative of the European Parliament and with its consent, a decision establishing the composition of the European Parliament, respecting the principles referred to in the first subparagraph.
Article 15
The President of the European Council:
shall chair it and drive forward its work;
shall ensure the preparation and continuity of the work of the European Council in cooperation with the President of the Commission, and on the basis of the work of the General Affairs Council;
shall endeavour to facilitate cohesion and consensus within the European Council;
shall present a report to the European Parliament after each of the meetings of the European Council.
The President of the European Council shall, at his level and in that capacity, ensure the external representation of the Union on issues concerning its common foreign and security policy, without prejudice to the powers of the High Representative of the Union for Foreign Affairs and Security Policy.
The President of the European Council shall not hold a national office.
Article 16
A blocking minority must include at least four Council members, failing which the qualified majority shall be deemed attained.
The other arrangements governing the qualified majority are laid down in Article 238(2) of the Treaty on the Functioning of the European Union.
The General Affairs Council shall ensure consistency in the work of the different Council configurations. It shall prepare and ensure the follow-up to meetings of the European Council, in liaison with the President of the European Council and the Commission.
The Foreign Affairs Council shall elaborate the Union's external action on the basis of strategic guidelines laid down by the European Council and ensure that the Union's action is consistent.
Article 17
The members of the Commission shall be chosen on the ground of their general competence and European commitment from persons whose independence is beyond doubt.
In carrying out its responsibilities, the Commission shall be completely independent. Without prejudice to Article 18(2), the members of the Commission shall neither seek nor take instructions from any Government or other institution, body, office or entity. They shall refrain from any action incompatible with their duties or the performance of their tasks.
The members of the Commission shall be chosen from among the nationals of the Member States on the basis of a system of strictly equal rotation between the Member States, reflecting the demographic and geographical range of all the Member States. This system shall be established unanimously by the European Council in accordance with Article 244 of the Treaty on the Functioning of the European Union.
The President of the Commission shall:
lay down guidelines within which the Commission is to work;
decide on the internal organisation of the Commission, ensuring that it acts consistently, efficiently and as a collegiate body;
appoint Vice-Presidents, other than the High Representative of the Union for Foreign Affairs and Security Policy, from among the members of the Commission.
A member of the Commission shall resign if the President so requests. The High Representative of the Union for Foreign Affairs and Security Policy shall resign, in accordance with the procedure set out in Article 18(1), if the President so requests.
The Council, by common accord with the President-elect, shall adopt the list of the other persons whom it proposes for appointment as members of the Commission. They shall be selected, on the basis of the suggestions made by Member States, in accordance with the criteria set out in paragraph 3, second subparagraph, and paragraph 5, second subparagraph.
The President, the High Representative of the Union for Foreign Affairs and Security Policy and the other members of the Commission shall be subject as a body to a vote of consent by the European Parliament. On the basis of this consent the Commission shall be appointed by the European Council, acting by a qualified majority.
Article 18
Article 19
Member States shall provide remedies sufficient to ensure effective legal protection in the fields covered by Union law.
The General Court shall include at least one judge per Member State.
The Judges and the Advocates-General of the Court of Justice and the Judges of the General Court shall be chosen from persons whose independence is beyond doubt and who satisfy the conditions set out in Articles 253 and 254 of the Treaty on the Functioning of the European Union. They shall be appointed by common accord of the governments of the Member States for six years. Retiring Judges and Advocates-General may be reappointed.
The Court of Justice of the European Union shall, in accordance with the Treaties:
rule on actions brought by a Member State, an institution or a natural or legal person;
give preliminary rulings, at the request of courts or tribunals of the Member States, on the interpretation of Union law or the validity of acts adopted by the institutions;
rule in other cases provided for in the Treaties.
TITLE IV
PROVISIONS ON ENHANCED COOPERATION
Article 20
(ex Articles 27a to 27e, 40 to 40b and 43 to 45 TEU and ex Articles 11 and 11a TEC)
Enhanced cooperation shall aim to further the objectives of the Union, protect its interests and reinforce its integration process. Such cooperation shall be open at any time to all Member States, in accordance with Article 328 of the Treaty on the Functioning of the European Union.
TITLE V
GENERAL PROVISIONS ON THE UNION'S EXTERNAL ACTION AND SPECIFIC PROVISIONS ON THE COMMON FOREIGN AND SECURITY POLICY
CHAPTER 1
GENERAL PROVISIONS ON THE UNION'S EXTERNAL ACTION
Article 21
The Union shall seek to develop relations and build partnerships with third countries, and international, regional or global organisations which share the principles referred to in the first subparagraph. It shall promote multilateral solutions to common problems, in particular in the framework of the United Nations.
The Union shall define and pursue common policies and actions, and shall work for a high degree of cooperation in all fields of international relations, in order to:
safeguard its values, fundamental interests, security, independence and integrity;
consolidate and support democracy, the rule of law, human rights and the principles of international law;
preserve peace, prevent conflicts and strengthen international security, in accordance with the purposes and principles of the United Nations Charter, with the principles of the Helsinki Final Act and with the aims of the Charter of Paris, including those relating to external borders;
foster the sustainable economic, social and environmental development of developing countries, with the primary aim of eradicating poverty;
encourage the integration of all countries into the world economy, including through the progressive abolition of restrictions on international trade;
help develop international measures to preserve and improve the quality of the environment and the sustainable management of global natural resources, in order to ensure sustainable development;
assist populations, countries and regions confronting natural or man-made disasters; and
promote an international system based on stronger multilateral cooperation and good global governance.
The Union shall ensure consistency between the different areas of its external action and between these and its other policies. The Council and the Commission, assisted by the High Representative of the Union for Foreign Affairs and Security Policy, shall ensure that consistency and shall cooperate to that effect.
Article 22
Decisions of the European Council on the strategic interests and objectives of the Union shall relate to the common foreign and security policy and to other areas of the external action of the Union. Such decisions may concern the relations of the Union with a specific country or region or may be thematic in approach. They shall define their duration, and the means to be made available by the Union and the Member States.
The European Council shall act unanimously on a recommendation from the Council, adopted by the latter under the arrangements laid down for each area. Decisions of the European Council shall be implemented in accordance with the procedures provided for in the Treaties.
CHAPTER 2
SPECIFIC PROVISIONS ON THE COMMON FOREIGN AND SECURITY POLICY
SECTION 1
COMMON PROVISIONS
Article 23
The Union's action on the international scene, pursuant to this Chapter, shall be guided by the principles, shall pursue the objectives of, and be conducted in accordance with, the general provisions laid down in Chapter 1.
Article 24
(ex Article 11 TEU)
The common foreign and security policy is subject to specific rules and procedures. It shall be defined and implemented by the European Council and the Council acting unanimously, except where the Treaties provide otherwise. The adoption of legislative acts shall be excluded. The common foreign and security policy shall be put into effect by the High Representative of the Union for Foreign Affairs and Security Policy and by Member States, in accordance with the Treaties. The specific role of the European Parliament and of the Commission in this area is defined by the Treaties. The Court of Justice of the European Union shall not have jurisdiction with respect to these provisions, with the exception of its jurisdiction to monitor compliance with Article 40 of this Treaty and to review the legality of certain decisions as provided for by the second paragraph of Article 275 of the Treaty on the Functioning of the European Union.
The Member States shall work together to enhance and develop their mutual political solidarity. They shall refrain from any action which is contrary to the interests of the Union or likely to impair its effectiveness as a cohesive force in international relations.
The Council and the High Representative shall ensure compliance with these principles.
Article 25
(ex Article 12 TEU)
The Union shall conduct the common foreign and security policy by:
defining the general guidelines;
adopting decisions defining:
actions to be undertaken by the Union;
positions to be taken by the Union;
arrangements for the implementation of the decisions referred to in points (i) and (ii);
and by
strengthening systematic cooperation between Member States in the conduct of policy.
Article 26
(ex Article 13 TEU)
If international developments so require, the President of the European Council shall convene an extraordinary meeting of the European Council in order to define the strategic lines of the Union's policy in the face of such developments.
The Council and the High Representative of the Union for Foreign Affairs and Security Policy shall ensure the unity, consistency and effectiveness of action by the Union.
Article 27
Article 28
(ex Article 14 TEU)
If there is a change in circumstances having a substantial effect on a question subject to such a decision, the Council shall review the principles and objectives of that decision and take the necessary decisions.
Article 29
(ex Article 15 TEU)
The Council shall adopt decisions which shall define the approach of the Union to a particular matter of a geographical or thematic nature. Member States shall ensure that their national policies conform to the Union positions.
Article 30
(ex Article 22 TEU)
Article 31
(ex Article 23 TEU)
When abstaining in a vote, any member of the Council may qualify its abstention by making a formal declaration under the present subparagraph. In that case, it shall not be obliged to apply the decision, but shall accept that the decision commits the Union. In a spirit of mutual solidarity, the Member State concerned shall refrain from any action likely to conflict with or impede Union action based on that decision and the other Member States shall respect its position. If the members of the Council qualifying their abstention in this way represent at least one third of the Member States comprising at least one third of the population of the Union, the decision shall not be adopted.
By derogation from the provisions of paragraph 1, the Council shall act by qualified majority:
If a member of the Council declares that, for vital and stated reasons of national policy, it intends to oppose the adoption of a decision to be taken by qualified majority, a vote shall not be taken. The High Representative will, in close consultation with the Member State involved, search for a solution acceptable to it. If he does not succeed, the Council may, acting by a qualified majority, request that the matter be referred to the European Council for a decision by unanimity.
Article 32
(ex Article 16 TEU)
Member States shall consult one another within the European Council and the Council on any matter of foreign and security policy of general interest in order to determine a common approach. Before undertaking any action on the international scene or entering into any commitment which could affect the Union's interests, each Member State shall consult the others within the European Council or the Council. Member States shall ensure, through the convergence of their actions, that the Union is able to assert its interests and values on the international scene. Member States shall show mutual solidarity.
When the European Council or the Council has defined a common approach of the Union within the meaning of the first paragraph, the High Representative of the Union for Foreign Affairs and Security Policy and the Ministers for Foreign Affairs of the Member States shall coordinate their activities within the Council.
The diplomatic missions of the Member States and the Union delegations in third countries and at international organisations shall cooperate and shall contribute to formulating and implementing the common approach.
Article 33
(ex Article 18 TEU)
The Council may, on a proposal from the High Representative of the Union for Foreign Affairs and Security Policy, appoint a special representative with a mandate in relation to particular policy issues. The special representative shall carry out his mandate under the authority of the High Representative.
Article 34
(ex Article 19 TEU)
In international organisations and at international conferences where not all the Member States participate, those which do take part shall uphold the Union's positions.
Member States which are also members of the United Nations Security Council will concert and keep the other Member States and the High Representative fully informed. Member States which are members of the Security Council will, in the execution of their functions, defend the positions and the interests of the Union, without prejudice to their responsibilities under the provisions of the United Nations Charter.
When the Union has defined a position on a subject which is on the United Nations Security Council agenda, those Member States which sit on the Security Council shall request that the High Representative be invited to present the Union's position.
Article 35
(ex Article 20 TEU)
The diplomatic and consular missions of the Member States and the Union delegations in third countries and international conferences, and their representations to international organisations, shall cooperate in ensuring that decisions defining Union positions and actions adopted pursuant to this Chapter are complied with and implemented.
They shall step up cooperation by exchanging information and carrying out joint assessments.
They shall contribute to the implementation of the right of citizens of the Union to protection in the territory of third countries as referred to in Article 20(2)(c) of the Treaty on the Functioning of the European Union and of the measures adopted pursuant to Article 23 of that Treaty.
Article 36
(ex Article 21 TEU)
The High Representative of the Union for Foreign Affairs and Security Policy shall regularly consult the European Parliament on the main aspects and the basic choices of the common foreign and security policy and the common security and defence policy and inform it of how those policies evolve. He shall ensure that the views of the European Parliament are duly taken into consideration. Special representatives may be involved in briefing the European Parliament.
►C3 The European Parliament may address questions or make recommendations to the Council or the High Representative. ◄ Twice a year it shall hold a debate on progress in implementing the common foreign and security policy, including the common security and defence policy.
Article 37
(ex Article 24 TEU)
The Union may conclude agreements with one or more States or international organisations in areas covered by this Chapter.
Article 38
(ex Article 25 TEU)
Without prejudice to Article 240 of the Treaty on the Functioning of the European Union, a Political and Security Committee shall monitor the international situation in the areas covered by the common foreign and security policy and contribute to the definition of policies by delivering opinions to the Council at the request of the Council or of the High Representative of the Union for Foreign Affairs and Security Policy or on its own initiative. It shall also monitor the implementation of agreed policies, without prejudice to the powers of the High Representative.
Within the scope of this Chapter, the Political and Security Committee shall exercise, under the responsibility of the Council and of the High Representative, the political control and strategic direction of the crisis management operations referred to in Article 43.
The Council may authorise the Committee, for the purpose and for the duration of a crisis management operation, as determined by the Council, to take the relevant decisions concerning the political control and strategic direction of the operation.
Article 39
In accordance with Article 16 of the Treaty on the Functioning of the European Union and by way of derogation from paragraph 2 thereof, the Council shall adopt a decision laying down the rules relating to the protection of individuals with regard to the processing of personal data by the Member States when carrying out activities which fall within the scope of this Chapter, and the rules relating to the free movement of such data. Compliance with these rules shall be subject to the control of independent authorities.
Article 40
(ex Article 47 TEU)
The implementation of the common foreign and security policy shall not affect the application of the procedures and the extent of the powers of the institutions laid down by the Treaties for the exercise of the Union competences referred to in Articles 3 to 6 of the Treaty on the Functioning of the European Union.
Similarly, the implementation of the policies listed in those Articles shall not affect the application of the procedures and the extent of the powers of the institutions laid down by the Treaties for the exercise of the Union competences under this Chapter.
Article 41
(ex Article 28 TEU)
In cases where expenditure is not charged to the Union budget, it shall be charged to the Member States in accordance with the gross national product scale, unless the Council acting unanimously decides otherwise. As for expenditure arising from operations having military or defence implications, Member States whose representatives in the Council have made a formal declaration under Article 31(1), second subparagraph, shall not be obliged to contribute to the financing thereof.
Preparatory activities for the tasks referred to in Article 42(1) and Article 43 which are not charged to the Union budget shall be financed by a start-up fund made up of Member States' contributions.
The Council shall adopt by a qualified majority, on a proposal from the High Representative of the Union for Foreign Affairs and Security Policy, decisions establishing:
the procedures for setting up and financing the start-up fund, in particular the amounts allocated to the fund;
the procedures for administering the start-up fund;
the financial control procedures.
When the task planned in accordance with Article 42(1) and Article 43 cannot be charged to the Union budget, the Council shall authorise the High Representative to use the fund. The High Representative shall report to the Council on the implementation of this remit.
SECTION 2
PROVISIONS ON THE COMMON SECURITY AND DEFENCE POLICY
Article 42
(ex Article 17 TEU)
The policy of the Union in accordance with this Section shall not prejudice the specific character of the security and defence policy of certain Member States and shall respect the obligations of certain Member States, which see their common defence realised in the North Atlantic Treaty Organisation (NATO), under the North Atlantic Treaty and be compatible with the common security and defence policy established within that framework.
Member States shall undertake progressively to improve their military capabilities. The Agency in the field of defence capabilities development, research, acquisition and armaments (hereinafter referred to as ‘the European Defence Agency’) shall identify operational requirements, shall promote measures to satisfy those requirements, shall contribute to identifying and, where appropriate, implementing any measure needed to strengthen the industrial and technological base of the defence sector, shall participate in defining a European capabilities and armaments policy, and shall assist the Council in evaluating the improvement of military capabilities.
Commitments and cooperation in this area shall be consistent with commitments under the North Atlantic Treaty Organisation, which, for those States which are members of it, remains the foundation of their collective defence and the forum for its implementation.
Article 43
Article 44
Article 45
The European Defence Agency referred to in Article 42(3), subject to the authority of the Council, shall have as its task to:
contribute to identifying the Member States' military capability objectives and evaluating observance of the capability commitments given by the Member States;
promote harmonisation of operational needs and adoption of effective, compatible procurement methods;
propose multilateral projects to fulfil the objectives in terms of military capabilities, ensure coordination of the programmes implemented by the Member States and management of specific cooperation programmes;
support defence technology research, and coordinate and plan joint research activities and the study of technical solutions meeting future operational needs;
contribute to identifying and, if necessary, implementing any useful measure for strengthening the industrial and technological base of the defence sector and for improving the effectiveness of military expenditure.
Article 46
The Council shall adopt a decision confirming the participation of the Member State concerned which fulfils the criteria and makes the commitments referred to in Articles 1 and 2 of the Protocol on permanent structured cooperation. The Council shall act by a qualified majority after consulting the High Representative. Only members of the Council representing the participating Member States shall take part in the vote.
A qualified majority shall be defined in accordance with Article 238(3)(a) of the Treaty on the Functioning of the European Union.
The Council shall act by a qualified majority. Only members of the Council representing the participating Member States, with the exception of the Member State in question, shall take part in the vote.
A qualified majority shall be defined in accordance with Article 238(3)(a) of the Treaty on the Functioning of the European Union.
TITLE VI
FINAL PROVISIONS
Article 47
The Union shall have legal personality.
Article 48
(ex Article 48 TEU)
Ordinary revision procedure
The European Council may decide by a simple majority, after obtaining the consent of the European Parliament, not to convene a Convention should this not be justified by the extent of the proposed amendments. In the latter case, the European Council shall define the terms of reference for a conference of representatives of the governments of the Member States.
The amendments shall enter into force after being ratified by all the Member States in accordance with their respective constitutional requirements.
Simplified revision procedures
The European Council may adopt a decision amending all or part of the provisions of Part Three of the Treaty on the Functioning of the European Union. The European Council shall act by unanimity after consulting the European Parliament and the Commission, and the European Central Bank in the case of institutional changes in the monetary area. That decision shall not enter into force until it is approved by the Member States in accordance with their respective constitutional requirements.
The decision referred to in the second subparagraph shall not increase the competences conferred on the Union in the Treaties.
Where the Treaty on the Functioning of the European Union provides for legislative acts to be adopted by the Council in accordance with a special legislative procedure, the European Council may adopt a decision allowing for the adoption of such acts in accordance with the ordinary legislative procedure.
Any initiative taken by the European Council on the basis of the first or the second subparagraph shall be notified to the national Parliaments. If a national Parliament makes known its opposition within six months of the date of such notification, the decision referred to in the first or the second subparagraph shall not be adopted. In the absence of opposition, the European Council may adopt the decision.
For the adoption of the decisions referred to in the first and second subparagraphs, the European Council shall act by unanimity after obtaining the consent of the European Parliament, which shall be given by a majority of its component members.
Article 49
(ex Article 49 TEU)
Any European State which respects the values referred to in Article 2 and is committed to promoting them may apply to become a member of the Union. The European Parliament and national Parliaments shall be notified of this application. The applicant State shall address its application to the Council, which shall act unanimously after consulting the Commission and after receiving the consent of the European Parliament, which shall act by a majority of its component members. The conditions of eligibility agreed upon by the European Council shall be taken into account.
The conditions of admission and the adjustments to the Treaties on which the Union is founded, which such admission entails, shall be the subject of an agreement between the Member States and the applicant State. This agreement shall be submitted for ratification by all the contracting States in accordance with their respective constitutional requirements.
Article 50
A qualified majority shall be defined in accordance with Article 238(3)(b) of the Treaty on the Functioning of the European Union.
Article 51
The Protocols and Annexes to the Treaties shall form an integral part thereof.
Article 52
Article 53
(ex Article 51 TEU)
This Treaty is concluded for an unlimited period.
Article 54
(ex Article 52 TEU)
Article 55
(ex Article 53 TEU)
IN WITNESS WHEREOF the undersigned Plenipotentiaries have signed this Treaty.
Done at Maastricht on the seventh day of February in the year one thousand nine hundred and ninety-two.
(List of signatories not reproduced)
CONSOLIDATED VERSION OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION
PREAMBLE
HIS MAJESTY THE KING OF THE BELGIANS, THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY, THE PRESIDENT OF THE FRENCH REPUBLIC, THE PRESIDENT OF THE ITALIAN REPUBLIC, HER ROYAL HIGHNESS THE GRAND DUCHESS OF LUXEMBOURG, HER MAJESTY THE QUEEN OF THE NETHERLANDS, ( 3 )
DETERMINED to lay the foundations of an ever closer union among the peoples of Europe,
RESOLVED to ensure the economic and social progress of their States by common action to eliminate the barriers which divide Europe,
AFFIRMING as the essential objective of their efforts the constant improvements of the living and working conditions of their peoples,
RECOGNISING that the removal of existing obstacles calls for concerted action in order to guarantee steady expansion, balanced trade and fair competition,
ANXIOUS to strengthen the unity of their economies and to ensure their harmonious development by reducing the differences existing between the various regions and the backwardness of the less favoured regions,
DESIRING to contribute, by means of a common commercial policy, to the progressive abolition of restrictions on international trade,
INTENDING to confirm the solidarity which binds Europe and the overseas countries and desiring to ensure the development of their prosperity, in accordance with the principles of the Charter of the United Nations,
RESOLVED by thus pooling their resources to preserve and strengthen peace and liberty, and calling upon the other peoples of Europe who share their ideal to join in their efforts,
DETERMINED to promote the development of the highest possible level of knowledge for their peoples through a wide access to education and through its continuous updating,
and to this end HAVE DESIGNATED as their Plenipotentiaries:(List of plenipotentiaries not reproduced)
WHO, having exchanged their full powers, found in good and due form, have agreed as follows.
PART ONE
PRINCIPLES
Article 1
TITLE I
CATEGORIES AND AREAS OF UNION COMPETENCE
Article 2
Legally binding acts of the Union adopted on the basis of the provisions of the Treaties relating to these areas shall not entail harmonisation of Member States' laws or regulations.
Article 3
The Union shall have exclusive competence in the following areas:
customs union;
the establishing of the competition rules necessary for the functioning of the internal market;
monetary policy for the Member States whose currency is the euro;
the conservation of marine biological resources under the common fisheries policy;
common commercial policy.
Article 4
Shared competence between the Union and the Member States applies in the following principal areas:
internal market;
social policy, for the aspects defined in this Treaty;
economic, social and territorial cohesion;
agriculture and fisheries, excluding the conservation of marine biological resources;
environment;
consumer protection;
transport;
trans-European networks;
energy;
area of freedom, security and justice;
common safety concerns in public health matters, for the aspects defined in this Treaty.
Article 5
Specific provisions shall apply to those Member States whose currency is the euro.
Article 6
The Union shall have competence to carry out actions to support, coordinate or supplement the actions of the Member States. The areas of such action shall, at European level, be:
protection and improvement of human health;
industry;
culture;
tourism;
education, vocational training, youth and sport;
civil protection;
administrative cooperation.
TITLE II
PROVISIONS HAVING GENERAL APPLICATION
Article 7
The Union shall ensure consistency between its policies and activities, taking all of its objectives into account and in accordance with the principle of conferral of powers.
Article 8
(ex Article 3(2) TEC) ( 4 )
In all its activities, the Union shall aim to eliminate inequalities, and to promote equality, between men and women.
Article 9
In defining and implementing its policies and activities, the Union shall take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health.
Article 10
In defining and implementing its policies and activities, the Union shall aim to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.
Article 11
(ex Article 6 TEC)
Environmental protection requirements must be integrated into the definition and implementation of the Union's policies and activities, in particular with a view to promoting sustainable development.
Article 12
(ex Article 153(2) TEC)
Consumer protection requirements shall be taken into account in defining and implementing other Union policies and activities.
Article 13
In formulating and implementing the Union's agriculture, fisheries, transport, internal market, research and technological development and space policies, the Union and the Member States shall, since animals are sentient beings, pay full regard to the welfare requirements of animals, while respecting the legislative or administrative provisions and customs of the Member States relating in particular to religious rites, cultural traditions and regional heritage.
Article 14
(ex Article 16 TEC)
Without prejudice to Article 4 of the Treaty on European Union or to Articles 93, 106 and 107 of this Treaty, and given the place occupied by services of general economic interest in the shared values of the Union as well as their role in promoting social and territorial cohesion, the Union and the Member States, each within their respective powers and within the scope of application of the Treaties, shall take care that such services operate on the basis of principles and conditions, particularly economic and financial conditions, which enable them to fulfil their missions. The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall establish these principles and set these conditions without prejudice to the competence of Member States, in compliance with the Treaties, to provide, to commission and to fund such services.
Article 15
(ex Article 255 TEC)
General principles and limits on grounds of public or private interest governing this right of access to documents shall be determined by the European Parliament and the Council, by means of regulations, acting in accordance with the ordinary legislative procedure.
Each institution, body, office or agency shall ensure that its proceedings are transparent and shall elaborate in its own Rules of Procedure specific provisions regarding access to its documents, in accordance with the regulations referred to in the second subparagraph.
The Court of Justice of the European Union, the European Central Bank and the European Investment Bank shall be subject to this paragraph only when exercising their administrative tasks.
The European Parliament and the Council shall ensure publication of the documents relating to the legislative procedures under the terms laid down by the regulations referred to in the second subparagraph.
Article 16
(ex Article 286 TEC)
The rules adopted on the basis of this Article shall be without prejudice to the specific rules laid down in Article 39 of the Treaty on European Union.
Article 17
PART TWO
NON-DISCRIMINATION AND CITIZENSHIP OF THE UNION
Article 18
(ex Article 12 TEC)
Within the scope of application of the Treaties, and without prejudice to any special provisions contained therein, any discrimination on grounds of nationality shall be prohibited.
The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may adopt rules designed to prohibit such discrimination.
Article 19
(ex Article 13 TEC)
Article 20
(ex Article 17 TEC)
Citizens of the Union shall enjoy the rights and be subject to the duties provided for in the Treaties. They shall have, inter alia:
the right to move and reside freely within the territory of the Member States;
the right to vote and to stand as candidates in elections to the European Parliament and in municipal elections in their Member State of residence, under the same conditions as nationals of that State;
the right to enjoy, in the territory of a third country in which the Member State of which they are nationals is not represented, the protection of the diplomatic and consular authorities of any Member State on the same conditions as the nationals of that State;
the right to petition the European Parliament, to apply to the European Ombudsman, and to address the institutions and advisory bodies of the Union in any of the Treaty languages and to obtain a reply in the same language.
These rights shall be exercised in accordance with the conditions and limits defined by the Treaties and by the measures adopted thereunder.
Article 21
(ex Article 18 TEC)
Article 22
(ex Article 19 TEC)
Article 23
(ex Article 20 TEC)
Every citizen of the Union shall, in the territory of a third country in which the Member State of which he is a national is not represented, be entitled to protection by the diplomatic or consular authorities of any Member State, on the same conditions as the nationals of that State. Member States shall adopt the necessary provisions and start the international negotiations required to secure this protection.
The Council, acting in accordance with a special legislative procedure and after consulting the European Parliament, may adopt directives establishing the coordination and cooperation measures necessary to facilitate such protection.
Article 24
(ex Article 21 TEC)
The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall adopt the provisions for the procedures and conditions required for a citizens' initiative within the meaning of Article 11 of the Treaty on European Union, including the minimum number of Member States from which such citizens must come.
Every citizen of the Union shall have the right to petition the European Parliament in accordance with Article 227.
Every citizen of the Union may apply to the Ombudsman established in accordance with Article 228.
Every citizen of the Union may write to any of the institutions or bodies referred to in this Article or in Article 13 of the Treaty on European Union in one of the languages mentioned in Article 55(1) of the Treaty on European Union and have an answer in the same language.
Article 25
(ex Article 22 TEC)
The Commission shall report to the European Parliament, to the Council and to the Economic and Social Committee every three years on the application of the provisions of this Part. This report shall take account of the development of the Union.
On this basis, and without prejudice to the other provisions of the Treaties, the Council, acting unanimously in accordance with a special legislative procedure and after obtaining the consent of the European Parliament, may adopt provisions to strengthen or to add to the rights listed in Article 20(2). These provisions shall enter into force after their approval by the Member States in accordance with their respective constitutional requirements.
PART THREE
UNION POLICIES AND INTERNAL ACTIONS
TITLE I
THE INTERNAL MARKET
Article 26
(ex Article 14 TEC)
Article 27
(ex Article 15 TEC)
When drawing up its proposals with a view to achieving the objectives set out in Article 26, the Commission shall take into account the extent of the effort that certain economies showing differences in development will have to sustain for the establishment of the internal market and it may propose appropriate provisions.
If these provisions take the form of derogations, they must be of a temporary nature and must cause the least possible disturbance to the functioning of the internal market.
TITLE II
FREE MOVEMENT OF GOODS
Article 28
(ex Article 23 TEC)
Article 29
(ex Article 24 TEC)
Products coming from a third country shall be considered to be in free circulation in a Member State if the import formalities have been complied with and any customs duties or charges having equivalent effect which are payable have been levied in that Member State, and if they have not benefited from a total or partial drawback of such duties or charges.
CHAPTER 1
THE CUSTOMS UNION
Article 30
(ex Article 25 TEC)
Customs duties on imports and exports and charges having equivalent effect shall be prohibited between Member States. This prohibition shall also apply to customs duties of a fiscal nature.
Article 31
(ex Article 26 TEC)
Common Customs Tariff duties shall be fixed by the Council on a proposal from the Commission.
Article 32
(ex Article 27 TEC)
In carrying out the tasks entrusted to it under this Chapter the Commission shall be guided by:
the need to promote trade between Member States and third countries;
developments in conditions of competition within the Union in so far as they lead to an improvement in the competitive capacity of undertakings;
the requirements of the Union as regards the supply of raw materials and semi-finished goods; in this connection the Commission shall take care to avoid distorting conditions of competition between Member States in respect of finished goods;
the need to avoid serious disturbances in the economies of Member States and to ensure rational development of production and an expansion of consumption within the Union.
CHAPTER 2
CUSTOMS COOPERATION
Article 33
(ex Article 135 TEC)
Within the scope of application of the Treaties, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall take measures in order to strengthen customs cooperation between Member States and between the latter and the Commission.
CHAPTER 3
PROHIBITION OF QUANTITATIVE RESTRICTIONS BETWEEN MEMBER STATES
Article 34
(ex Article 28 TEC)
Quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States.
Article 35
(ex Article 29 TEC)
Quantitative restrictions on exports, and all measures having equivalent effect, shall be prohibited between Member States.
Article 36
(ex Article 30 TEC)
The provisions of Articles 34 and 35 shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals or plants; the protection of national treasures possessing artistic, historic or archaeological value; or the protection of industrial and commercial property. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States.
Article 37
(ex Article 31 TEC)
The provisions of this Article shall apply to any body through which a Member State, in law or in fact, either directly or indirectly supervises, determines or appreciably influences imports or exports between Member States. These provisions shall likewise apply to monopolies delegated by the State to others.
TITLE III
AGRICULTURE AND FISHERIES
Article 38
(ex Article 32 TEC)
The internal market shall extend to agriculture, fisheries and trade in agricultural products. ‘Agricultural products’ means the products of the soil, of stockfarming and of fisheries and products of first-stage processing directly related to these products. References to the common agricultural policy or to agriculture, and the use of the term ‘agricultural’, shall be understood as also referring to fisheries, having regard to the specific characteristics of this sector.
Article 39
(ex Article 33 TEC)
The objectives of the common agricultural policy shall be:
to increase agricultural productivity by promoting technical progress and by ensuring the rational development of agricultural production and the optimum utilisation of the factors of production, in particular labour;
thus to ensure a fair standard of living for the agricultural community, in particular by increasing the individual earnings of persons engaged in agriculture;
to stabilise markets;
to assure the availability of supplies;
to ensure that supplies reach consumers at reasonable prices.
In working out the common agricultural policy and the special methods for its application, account shall be taken of:
the particular nature of agricultural activity, which results from the social structure of agriculture and from structural and natural disparities between the various agricultural regions;
the need to effect the appropriate adjustments by degrees;
the fact that in the Member States agriculture constitutes a sector closely linked with the economy as a whole.
Article 40
(ex Article 34 TEC)
This organisation shall take one of the following forms, depending on the product concerned:
common rules on competition;
compulsory coordination of the various national market organisations;
a European market organisation.
The common organisation shall be limited to pursuit of the objectives set out in Article 39 and shall exclude any discrimination between producers or consumers within the Union.
Any common price policy shall be based on common criteria and uniform methods of calculation.
Article 41
(ex Article 35 TEC)
To enable the objectives set out in Article 39 to be attained, provision may be made within the framework of the common agricultural policy for measures such as:
an effective coordination of efforts in the spheres of vocational training, of research and of the dissemination of agricultural knowledge; this may include joint financing of projects or institutions;
joint measures to promote consumption of certain products.
Article 42
(ex Article 36 TEC)
The provisions of the Chapter relating to rules on competition shall apply to production of and trade in agricultural products only to the extent determined by the European Parliament and the Council within the framework of Article 43(2) and in accordance with the procedure laid down therein, account being taken of the objectives set out in Article 39.
The Council, on a proposal from the Commission, may authorise the granting of aid:
for the protection of enterprises handicapped by structural or natural conditions;
within the framework of economic development programmes.
Article 43
(ex Article 37 TEC)
These proposals shall take account of the interdependence of the agricultural matters mentioned in this Title.
In accordance with paragraph 2, the national market organisations may be replaced by the common organisation provided for in Article 40(1) if:
the common organisation offers Member States which are opposed to this measure and which have an organisation of their own for the production in question equivalent safeguards for the employment and standard of living of the producers concerned, account being taken of the adjustments that will be possible and the specialisation that will be needed with the passage of time;
such an organisation ensures conditions for trade within the Union similar to those existing in a national market.
Article 44
(ex Article 38 TEC)
Where in a Member State a product is subject to a national market organisation or to internal rules having equivalent effect which affect the competitive position of similar production in another Member State, a countervailing charge shall be applied by Member States to imports of this product coming from the Member State where such organisation or rules exist, unless that State applies a countervailing charge on export.
The Commission shall fix the amount of these charges at the level required to redress the balance; it may also authorise other measures, the conditions and details of which it shall determine.
TITLE IV
FREE MOVEMENT OF PERSONS, SERVICES AND CAPITAL
CHAPTER 1
WORKERS
Article 45
(ex Article 39 TEC)
It shall entail the right, subject to limitations justified on grounds of public policy, public security or public health:
to accept offers of employment actually made;
to move freely within the territory of Member States for this purpose;
to stay in a Member State for the purpose of employment in accordance with the provisions governing the employment of nationals of that State laid down by law, regulation or administrative action;
to remain in the territory of a Member State after having been employed in that State, subject to conditions which shall be embodied in regulations to be drawn up by the Commission.
Article 46
(ex Article 40 TEC)
The European Parliament and the Council shall, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee, issue directives or make regulations setting out the measures required to bring about freedom of movement for workers, as defined in Article 45, in particular:
by ensuring close cooperation between national employment services;
by abolishing those administrative procedures and practices and those qualifying periods in respect of eligibility for available employment, whether resulting from national legislation or from agreements previously concluded between Member States, the maintenance of which would form an obstacle to liberalisation of the movement of workers;
by abolishing all such qualifying periods and other restrictions provided for either under national legislation or under agreements previously concluded between Member States as imposed on workers of other Member States conditions regarding the free choice of employment other than those imposed on workers of the State concerned;
by setting up appropriate machinery to bring offers of employment into touch with applications for employment and to facilitate the achievement of a balance between supply and demand in the employment market in such a way as to avoid serious threats to the standard of living and level of employment in the various regions and industries.
Article 47
(ex Article 41 TEC)
Member States shall, within the framework of a joint programme, encourage the exchange of young workers.
Article 48
(ex Article 42 TEC)
The European Parliament and the Council shall, acting in accordance with the ordinary legislative procedure, adopt such measures in the field of social security as are necessary to provide freedom of movement for workers; to this end, they shall make arrangements to secure for employed and self-employed migrant workers and their dependants:
aggregation, for the purpose of acquiring and retaining the right to benefit and of calculating the amount of benefit, of all periods taken into account under the laws of the several countries;
payment of benefits to persons resident in the territories of Member States.
Where a member of the Council declares that a draft legislative act referred to in the first subparagraph would affect important aspects of its social security system, including its scope, cost or financial structure, or would affect the financial balance of that system, it may request that the matter be referred to the European Council. In that case, the ordinary legislative procedure shall be suspended. After discussion, the European Council shall, within four months of this suspension, either:
refer the draft back to the Council, which shall terminate the suspension of the ordinary legislative procedure; or
take no action or request the Commission to submit a new proposal; in that case, the act originally proposed shall be deemed not to have been adopted.
CHAPTER 2
RIGHT OF ESTABLISHMENT
Article 49
(ex Article 43 TEC)
Within the framework of the provisions set out below, restrictions on the freedom of establishment of nationals of a Member State in the territory of another Member State shall be prohibited. Such prohibition shall also apply to restrictions on the setting-up of agencies, branches or subsidiaries by nationals of any Member State established in the territory of any Member State.
Freedom of establishment shall include the right to take up and pursue activities as self-employed persons and to set up and manage undertakings, in particular companies or firms within the meaning of the second paragraph of Article 54, under the conditions laid down for its own nationals by the law of the country where such establishment is effected, subject to the provisions of the Chapter relating to capital.
Article 50
(ex Article 44 TEC)
The European Parliament, the Council and the Commission shall carry out the duties devolving upon them under the preceding provisions, in particular:
by according, as a general rule, priority treatment to activities where freedom of establishment makes a particularly valuable contribution to the development of production and trade;
by ensuring close cooperation between the competent authorities in the Member States in order to ascertain the particular situation within the Union of the various activities concerned;
by abolishing those administrative procedures and practices, whether resulting from national legislation or from agreements previously concluded between Member States, the maintenance of which would form an obstacle to freedom of establishment;
by ensuring that workers of one Member State employed in the territory of another Member State may remain in that territory for the purpose of taking up activities therein as self-employed persons, where they satisfy the conditions which they would be required to satisfy if they were entering that State at the time when they intended to take up such activities;
by enabling a national of one Member State to acquire and use land and buildings situated in the territory of another Member State, in so far as this does not conflict with the principles laid down in Article 39(2);
by effecting the progressive abolition of restrictions on freedom of establishment in every branch of activity under consideration, both as regards the conditions for setting up agencies, branches or subsidiaries in the territory of a Member State and as regards the subsidiaries in the territory of a Member State and as regards the conditions governing the entry of personnel belonging to the main establishment into managerial or supervisory posts in such agencies, branches or subsidiaries;
by coordinating to the necessary extent the safeguards which, for the protection of the interests of members and others, are required by Member States of companies or firms within the meaning of the second paragraph of Article 54 with a view to making such safeguards equivalent throughout the Union;
by satisfying themselves that the conditions of establishment are not distorted by aids granted by Member States.
Article 51
(ex Article 45 TEC)
The provisions of this Chapter shall not apply, so far as any given Member State is concerned, to activities which in that State are connected, even occasionally, with the exercise of official authority.
The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may rule that the provisions of this Chapter shall not apply to certain activities.
Article 52
(ex Article 46 TEC)
Article 53
(ex Article 47 TEC)
Article 54
(ex Article 48 TEC)
Companies or firms formed in accordance with the law of a Member State and having their registered office, central administration or principal place of business within the Union shall, for the purposes of this Chapter, be treated in the same way as natural persons who are nationals of Member States.
‘Companies or firms’ means companies or firms constituted under civil or commercial law, including cooperative societies, and other legal persons governed by public or private law, save for those which are non-profit-making.
Article 55
(ex Article 294 TEC)
Member States shall accord nationals of the other Member States the same treatment as their own nationals as regards participation in the capital of companies or firms within the meaning of Article 54, without prejudice to the application of the other provisions of the Treaties.
CHAPTER 3
SERVICES
Article 56
(ex Article 49 TEC)
Within the framework of the provisions set out below, restrictions on freedom to provide services within the Union shall be prohibited in respect of nationals of Member States who are established in a Member State other than that of the person for whom the services are intended.
The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may extend the provisions of the Chapter to nationals of a third country who provide services and who are established within the Union.
Article 57
(ex Article 50 TEC)
Services shall be considered to be ‘services’ within the meaning of the Treaties where they are normally provided for remuneration, in so far as they are not governed by the provisions relating to freedom of movement for goods, capital and persons.
‘Services’ shall in particular include:
activities of an industrial character;
activities of a commercial character;
activities of craftsmen;
activities of the professions.
Without prejudice to the provisions of the Chapter relating to the right of establishment, the person providing a service may, in order to do so, temporarily pursue his activity in the Member State where the service is provided, under the same conditions as are imposed by that State on its own nationals.
Article 58
(ex Article 51 TEC)
Article 59
(ex Article 52 TEC)
Article 60
(ex Article 53 TEC)
The Member States shall endeavour to undertake the liberalisation of services beyond the extent required by the directives issued pursuant to Article 59(1), if their general economic situation and the situation of the economic sector concerned so permit.
To this end, the Commission shall make recommendations to the Member States concerned.
Article 61
(ex Article 54 TEC)
As long as restrictions on freedom to provide services have not been abolished, each Member State shall apply such restrictions without distinction on grounds of nationality or residence to all persons providing services within the meaning of the first paragraph of Article 56.
Article 62
(ex Article 55 TEC)
The provisions of Articles 51 to 54 shall apply to the matters covered by this Chapter.
CHAPTER 4
CAPITAL AND PAYMENTS
Article 63
(ex Article 56 TEC)
Article 64
(ex Article 57 TEC)
Article 65
(ex Article 58 TEC)
The provisions of Article 63 shall be without prejudice to the right of Member States:
to apply the relevant provisions of their tax law which distinguish between taxpayers who are not in the same situation with regard to their place of residence or with regard to the place where their capital is invested;
to take all requisite measures to prevent infringements of national law and regulations, in particular in the field of taxation and the prudential supervision of financial institutions, or to lay down procedures for the declaration of capital movements for purposes of administrative or statistical information, or to take measures which are justified on grounds of public policy or public security.
Article 66
(ex Article 59 TEC)
Where, in exceptional circumstances, movements of capital to or from third countries cause, or threaten to cause, serious difficulties for the operation of economic and monetary union, the Council, on a proposal from the Commission and after consulting the European Central Bank, may take safeguard measures with regard to third countries for a period not exceeding six months if such measures are strictly necessary.
TITLE V
AREA OF FREEDOM, SECURITY AND JUSTICE
CHAPTER 1
GENERAL PROVISIONS
Article 67
(ex Article 61 TEC and ex Article 29 TEU)
Article 68
The European Council shall define the strategic guidelines for legislative and operational planning within the area of freedom, security and justice.
Article 69
National Parliaments ensure that the proposals and legislative initiatives submitted under Chapters 4 and 5 comply with the principle of subsidiarity, in accordance with the arrangements laid down by the Protocol on the application of the principles of subsidiarity and proportionality.
Article 70
Without prejudice to Articles 258, 259 and 260, the Council may, on a proposal from the Commission, adopt measures laying down the arrangements whereby Member States, in collaboration with the Commission, conduct objective and impartial evaluation of the implementation of the Union policies referred to in this Title by Member States' authorities, in particular in order to facilitate full application of the principle of mutual recognition. The European Parliament and national Parliaments shall be informed of the content and results of the evaluation.
Article 71
(ex Article 36 TEU)
A standing committee shall be set up within the Council in order to ensure that operational cooperation on internal security is promoted and strengthened within the Union. Without prejudice to Article 240, it shall facilitate coordination of the action of Member States' competent authorities. Representatives of the Union bodies, offices and agencies concerned may be involved in the proceedings of this committee. The European Parliament and national Parliaments shall be kept informed of the proceedings.
Article 72
(ex Article 64(1) TEC and ex Article 33 TEU)
This Title shall not affect the exercise of the responsibilities incumbent upon Member States with regard to the maintenance of law and order and the safeguarding of internal security.
Article 73
It shall be open to Member States to organise between themselves and under their responsibility such forms of cooperation and coordination as they deem appropriate between the competent departments of their administrations responsible for safeguarding national security.
Article 74
(ex Article 66 TEC)
The Council shall adopt measures to ensure administrative cooperation between the relevant departments of the Member States in the areas covered by this Title, as well as between those departments and the Commission. It shall act on a Commission proposal, subject to Article 76, and after consulting the European Parliament.
Article 75
(ex Article 60 TEC)
Where necessary to achieve the objectives set out in Article 67, as regards preventing and combating terrorism and related activities, the European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall define a framework for administrative measures with regard to capital movements and payments, such as the freezing of funds, financial assets or economic gains belonging to, or owned or held by, natural or legal persons, groups or non-State entities.
The Council, on a proposal from the Commission, shall adopt measures to implement the framework referred to in the first paragraph.
The acts referred to in this Article shall include necessary provisions on legal safeguards.
Article 76
The acts referred to in Chapters 4 and 5, together with the measures referred to in Article 74 which ensure administrative cooperation in the areas covered by these Chapters, shall be adopted:
on a proposal from the Commission, or
on the initiative of a quarter of the Member States.
CHAPTER 2
POLICIES ON BORDER CHECKS, ASYLUM AND IMMIGRATION
Article 77
(ex Article 62 TEC)
The Union shall develop a policy with a view to:
ensuring the absence of any controls on persons, whatever their nationality, when crossing internal borders;
carrying out checks on persons and efficient monitoring of the crossing of external borders;
the gradual introduction of an integrated management system for external borders.
For the purposes of paragraph 1, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall adopt measures concerning:
the common policy on visas and other short-stay residence permits;
the checks to which persons crossing external borders are subject;
the conditions under which nationals of third countries shall have the freedom to travel within the Union for a short period;
any measure necessary for the gradual establishment of an integrated management system for external borders;
the absence of any controls on persons, whatever their nationality, when crossing internal borders.
Article 78
(ex Articles 63, points 1 and 2, and 64(2) TEC)
For the purposes of paragraph 1, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall adopt measures for a common European asylum system comprising:
a uniform status of asylum for nationals of third countries, valid throughout the Union;
a uniform status of subsidiary protection for nationals of third countries who, without obtaining European asylum, are in need of international protection;
a common system of temporary protection for displaced persons in the event of a massive inflow;
common procedures for the granting and withdrawing of uniform asylum or subsidiary protection status;
criteria and mechanisms for determining which Member State is responsible for considering an application for asylum or subsidiary protection;
standards concerning the conditions for the reception of applicants for asylum or subsidiary protection;
partnership and cooperation with third countries for the purpose of managing inflows of people applying for asylum or subsidiary or temporary protection.
Article 79
(ex Article 63, points 3 and 4, TEC)
For the purposes of paragraph 1, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall adopt measures in the following areas:
the conditions of entry and residence, and standards on the issue by Member States of long-term visas and residence permits, including those for the purpose of family reunification;
the definition of the rights of third-country nationals residing legally in a Member State, including the conditions governing freedom of movement and of residence in other Member States;
illegal immigration and unauthorised residence, including removal and repatriation of persons residing without authorisation;
combating trafficking in persons, in particular women and children.
Article 80
The policies of the Union set out in this Chapter and their implementation shall be governed by the principle of solidarity and fair sharing of responsibility, including its financial implications, between the Member States. Whenever necessary, the Union acts adopted pursuant to this Chapter shall contain appropriate measures to give effect to this principle.
CHAPTER 3
JUDICIAL COOPERATION IN CIVIL MATTERS
Article 81
(ex Article 65 TEC)
For the purposes of paragraph 1, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall adopt measures, particularly when necessary for the proper functioning of the internal market, aimed at ensuring:
the mutual recognition and enforcement between Member States of judgments and of decisions in extrajudicial cases;
the cross-border service of judicial and extrajudicial documents;
the compatibility of the rules applicable in the Member States concerning conflict of laws and of jurisdiction;
cooperation in the taking of evidence;
effective access to justice;
the elimination of obstacles to the proper functioning of civil proceedings, if necessary by promoting the compatibility of the rules on civil procedure applicable in the Member States;
the development of alternative methods of dispute settlement;
support for the training of the judiciary and judicial staff.
The Council, on a proposal from the Commission, may adopt a decision determining those aspects of family law with cross-border implications which may be the subject of acts adopted by the ordinary legislative procedure. The Council shall act unanimously after consulting the European Parliament.
The proposal referred to in the second subparagraph shall be notified to the national Parliaments. If a national Parliament makes known its opposition within six months of the date of such notification, the decision shall not be adopted. In the absence of opposition, the Council may adopt the decision.
CHAPTER 4
JUDICIAL COOPERATION IN CRIMINAL MATTERS
Article 82
(ex Article 31 TEU)
The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall adopt measures to:
lay down rules and procedures for ensuring recognition throughout the Union of all forms of judgments and judicial decisions;
prevent and settle conflicts of jurisdiction between Member States;
support the training of the judiciary and judicial staff;
facilitate cooperation between judicial or equivalent authorities of the Member States in relation to proceedings in criminal matters and the enforcement of decisions.
They shall concern:
mutual admissibility of evidence between Member States;
the rights of individuals in criminal procedure;
the rights of victims of crime;
any other specific aspects of criminal procedure which the Council has identified in advance by a decision; for the adoption of such a decision, the Council shall act unanimously after obtaining the consent of the European Parliament.
Adoption of the minimum rules referred to in this paragraph shall not prevent Member States from maintaining or introducing a higher level of protection for individuals.
Within the same timeframe, in case of disagreement, and if at least nine Member States wish to establish enhanced cooperation on the basis of the draft directive concerned, they shall notify the European Parliament, the Council and the Commission accordingly. In such a case, the authorisation to proceed with enhanced cooperation referred to in Article 20(2) of the Treaty on European Union and Article 329(1) of this Treaty shall be deemed to be granted and the provisions on enhanced cooperation shall apply.
Article 83
(ex Article 31 TEU)
These areas of crime are the following: terrorism, trafficking in human beings and sexual exploitation of women and children, illicit drug trafficking, illicit arms trafficking, money laundering, corruption, counterfeiting of means of payment, computer crime and organised crime.
On the basis of developments in crime, the Council may adopt a decision identifying other areas of crime that meet the criteria specified in this paragraph. It shall act unanimously after obtaining the consent of the European Parliament.
Within the same timeframe, in case of disagreement, and if at least nine Member States wish to establish enhanced cooperation on the basis of the draft directive concerned, they shall notify the European Parliament, the Council and the Commission accordingly. In such a case, the authorisation to proceed with enhanced cooperation referred to in Article 20(2) of the Treaty on European Union and Article 329(1) of this Treaty shall be deemed to be granted and the provisions on enhanced cooperation shall apply.
Article 84
The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may establish measures to promote and support the action of Member States in the field of crime prevention, excluding any harmonisation of the laws and regulations of the Member States.
Article 85
(ex Article 31 TEU)
In this context, the European Parliament and the Council, by means of regulations adopted in accordance with the ordinary legislative procedure, shall determine Eurojust's structure, operation, field of action and tasks. These tasks may include:
the initiation of criminal investigations, as well as proposing the initiation of prosecutions conducted by competent national authorities, particularly those relating to offences against the financial interests of the Union;
the coordination of investigations and prosecutions referred to in point (a);
the strengthening of judicial cooperation, including by resolution of conflicts of jurisdiction and by close cooperation with the European Judicial Network.
These regulations shall also determine arrangements for involving the European Parliament and national Parliaments in the evaluation of Eurojust's activities.
Article 86
In the absence of unanimity in the Council, a group of at least nine Member States may request that the draft regulation be referred to the European Council. In that case, the procedure in the Council shall be suspended. After discussion, and in case of a consensus, the European Council shall, within four months of this suspension, refer the draft back to the Council for adoption.
Within the same timeframe, in case of disagreement, and if at least nine Member States wish to establish enhanced cooperation on the basis of the draft regulation concerned, they shall notify the European Parliament, the Council and the Commission accordingly. In such a case, the authorisation to proceed with enhanced cooperation referred to in Article 20(2) of the Treaty on European Union and Article 329(1) of this Treaty shall be deemed to be granted and the provisions on enhanced cooperation shall apply.
CHAPTER 5
POLICE COOPERATION
Article 87
(ex Article 30 TEU)
For the purposes of paragraph 1, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may establish measures concerning:
the collection, storage, processing, analysis and exchange of relevant information;
support for the training of staff, and cooperation on the exchange of staff, on equipment and on research into crime-detection;
common investigative techniques in relation to the detection of serious forms of organised crime.
In case of the absence of unanimity in the Council, a group of at least nine Member States may request that the draft measures be referred to the European Council. In that case, the procedure in the Council shall be suspended. After discussion, and in case of a consensus, the European Council shall, within four months of this suspension, refer the draft back to the Council for adoption.
Within the same timeframe, in case of disagreement, and if at least nine Member States wish to establish enhanced cooperation on the basis of the draft measures concerned, they shall notify the European Parliament, the Council and the Commission accordingly. In such a case, the authorisation to proceed with enhanced cooperation referred to in Article 20(2) of the Treaty on European Union and Article 329(1) of this Treaty shall be deemed to be granted and the provisions on enhanced cooperation shall apply.
The specific procedure provided for in the second and third subparagraphs shall not apply to acts which constitute a development of the Schengen acquis.
Article 88
(ex Article 30 TEU)
The European Parliament and the Council, by means of regulations adopted in accordance with the ordinary legislative procedure, shall determine Europol's structure, operation, field of action and tasks. These tasks may include:
the collection, storage, processing, analysis and exchange of information, in particular that forwarded by the authorities of the Member States or third countries or bodies;
the coordination, organisation and implementation of investigative and operational action carried out jointly with the Member States' competent authorities or in the context of joint investigative teams, where appropriate in liaison with Eurojust.
These regulations shall also lay down the procedures for scrutiny of Europol's activities by the European Parliament, together with national Parliaments.
Article 89
(ex Article 32 TEU)
The Council, acting in accordance with a special legislative procedure, shall lay down the conditions and limitations under which the competent authorities of the Member States referred to in Articles 82 and 87 may operate in the territory of another Member State in liaison and in agreement with the authorities of that State. The Council shall act unanimously after consulting the European Parliament.
TITLE VI
TRANSPORT
Article 90
(ex Article 70 TEC)
The objectives of the Treaties shall, in matters governed by this Title, be pursued within the framework of a common transport policy.
Article 91
(ex Article 71 TEC)
For the purpose of implementing Article 90, and taking into account the distinctive features of transport, the European Parliament and the Council shall, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee and the Committee of the Regions, lay down:
common rules applicable to international transport to or from the territory of a Member State or passing across the territory of one or more Member States;
the conditions under which non-resident carriers may operate transport services within a Member State;
measures to improve transport safety;
any other appropriate provisions.
Article 92
(ex Article 72 TEC)
Until the provisions referred to in Article 91(1) have been laid down, no Member State may, unless the Council has unanimously adopted a measure granting a derogation, make the various provisions governing the subject on 1 January 1958 or, for acceding States, the date of their accession less favourable in their direct or indirect effect on carriers of other Member States as compared with carriers who are nationals of that State.
Article 93
(ex Article 73 TEC)
Aids shall be compatible with the Treaties if they meet the needs of coordination of transport or if they represent reimbursement for the discharge of certain obligations inherent in the concept of a public service.
Article 94
(ex Article 74 TEC)
Any measures taken within the framework of the Treaties in respect of transport rates and conditions shall take account of the economic circumstances of carriers.
Article 95
(ex Article 75 TEC)
The Council may in particular lay down the provisions needed to enable the institutions of the Union to secure compliance with the rule laid down in paragraph 1 and to ensure that users benefit from it to the full.
Article 96
(ex Article 76 TEC)
After consulting each Member State concerned, the Commission shall take the necessary decisions.
Article 97
(ex Article 77 TEC)
Charges or dues in respect of the crossing of frontiers which are charged by a carrier in addition to the transport rates shall not exceed a reasonable level after taking the costs actually incurred thereby into account.
Member States shall endeavour to reduce these costs progressively.
The Commission may make recommendations to Member States for the application of this Article.
Article 98
(ex Article 78 TEC)
The provisions of this Title shall not form an obstacle to the application of measures taken in the Federal Republic of Germany to the extent that such measures are required in order to compensate for the economic disadvantages caused by the division of Germany to the economy of certain areas of the Federal Republic affected by that division. Five years after the entry into force of the Treaty of Lisbon, the Council, acting on a proposal from the Commission, may adopt a decision repealing this Article.
Article 99
(ex Article 79 TEC)
An Advisory Committee consisting of experts designated by the governments of Member States shall be attached to the Commission. The Commission, whenever it considers it desirable, shall consult the Committee on transport matters.
Article 100
(ex Article 80 TEC)
TITLE VII
COMMON RULES ON COMPETITION, TAXATION AND APPROXIMATION OF LAWS
CHAPTER 1
RULES ON COMPETITION
SECTION 1
RULES APPLYING TO UNDERTAKINGS
Article 101
(ex Article 81 TEC)
The following shall be prohibited as incompatible with the internal market: all agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between Member States and which have as their object or effect the prevention, restriction or distortion of competition within the internal market, and in particular those which:
directly or indirectly fix purchase or selling prices or any other trading conditions;
limit or control production, markets, technical development, or investment;
share markets or sources of supply;
apply dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage;
make the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.
The provisions of paragraph 1 may, however, be declared inapplicable in the case of:
which contributes to improving the production or distribution of goods or to promoting technical or economic progress, while allowing consumers a fair share of the resulting benefit, and which does not:
impose on the undertakings concerned restrictions which are not indispensable to the attainment of these objectives;
afford such undertakings the possibility of eliminating competition in respect of a substantial part of the products in question.
Article 102
(ex Article 82 TEC)
Any abuse by one or more undertakings of a dominant position within the internal market or in a substantial part of it shall be prohibited as incompatible with the internal market in so far as it may affect trade between Member States.
Such abuse may, in particular, consist in:
directly or indirectly imposing unfair purchase or selling prices or other unfair trading conditions;
limiting production, markets or technical development to the prejudice of consumers;
applying dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage;
making the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.
Article 103
(ex Article 83 TEC)
The regulations or directives referred to in paragraph 1 shall be designed in particular:
to ensure compliance with the prohibitions laid down in Article 101(1) and in Article 102 by making provision for fines and periodic penalty payments;
to lay down detailed rules for the application of Article 101(3), taking into account the need to ensure effective supervision on the one hand, and to simplify administration to the greatest possible extent on the other;
to define, if need be, in the various branches of the economy, the scope of the provisions of Articles 101 and 102;
to define the respective functions of the Commission and of the Court of Justice of the European Union in applying the provisions laid down in this paragraph;
to determine the relationship between national laws and the provisions contained in this Section or adopted pursuant to this Article.
Article 104
(ex Article 84 TEC)
Until the entry into force of the provisions adopted in pursuance of Article 103, the authorities in Member States shall rule on the admissibility of agreements, decisions and concerted practices and on abuse of a dominant position in the internal market in accordance with the law of their country and with the provisions of Article 101, in particular paragraph 3, and of Article 102.
Article 105
(ex Article 85 TEC)
Article 106
(ex Article 86 TEC)
SECTION 2
AIDS GRANTED BY STATES
Article 107
(ex Article 87 TEC)
The following shall be compatible with the internal market:
aid having a social character, granted to individual consumers, provided that such aid is granted without discrimination related to the origin of the products concerned;
aid to make good the damage caused by natural disasters or exceptional occurrences;
aid granted to the economy of certain areas of the Federal Republic of Germany affected by the division of Germany, in so far as such aid is required in order to compensate for the economic disadvantages caused by that division. Five years after the entry into force of the Treaty of Lisbon, the Council, acting on a proposal from the Commission, may adopt a decision repealing this point.
The following may be considered to be compatible with the internal market:
aid to promote the economic development of areas where the standard of living is abnormally low or where there is serious underemployment, and of the regions referred to in Article 349, in view of their structural, economic and social situation;
aid to promote the execution of an important project of common European interest or to remedy a serious disturbance in the economy of a Member State;
aid to facilitate the development of certain economic activities or of certain economic areas, where such aid does not adversely affect trading conditions to an extent contrary to the common interest;
aid to promote culture and heritage conservation where such aid does not affect trading conditions and competition in the Union to an extent that is contrary to the common interest;
such other categories of aid as may be specified by decision of the Council on a proposal from the Commission.
Article 108
(ex Article 88 TEC)
If the State concerned does not comply with this decision within the prescribed time, the Commission or any other interested State may, in derogation from the provisions of Articles 258 and 259, refer the matter to the Court of Justice of the European Union direct.
On application by a Member State, the Council may, acting unanimously, decide that aid which that State is granting or intends to grant shall be considered to be compatible with the internal market, in derogation from the provisions of Article 107 or from the regulations provided for in Article 109, if such a decision is justified by exceptional circumstances. If, as regards the aid in question, the Commission has already initiated the procedure provided for in the first subparagraph of this paragraph, the fact that the State concerned has made its application to the Council shall have the effect of suspending that procedure until the Council has made its attitude known.
If, however, the Council has not made its attitude known within three months of the said application being made, the Commission shall give its decision on the case.
Article 109
(ex Article 89 TEC)
The Council, on a proposal from the Commission and after consulting the European Parliament, may make any appropriate regulations for the application of Articles 107 and 108 and may in particular determine the conditions in which Article 108(3) shall apply and the categories of aid exempted from this procedure.
CHAPTER 2
TAX PROVISIONS
Article 110
(ex Article 90 TEC)
No Member State shall impose, directly or indirectly, on the products of other Member States any internal taxation of any kind in excess of that imposed directly or indirectly on similar domestic products.
Furthermore, no Member State shall impose on the products of other Member States any internal taxation of such a nature as to afford indirect protection to other products.
Article 111
(ex Article 91 TEC)
Where products are exported to the territory of any Member State, any repayment of internal taxation shall not exceed the internal taxation imposed on them whether directly or indirectly.
Article 112
(ex Article 92 TEC)
In the case of charges other than turnover taxes, excise duties and other forms of indirect taxation, remissions and repayments in respect of exports to other Member States may not be granted and countervailing charges in respect of imports from Member States may not be imposed unless the measures contemplated have been previously approved for a limited period by the Council on a proposal from the Commission.
Article 113
(ex Article 93 TEC)
The Council shall, acting unanimously in accordance with a special legislative procedure and after consulting the European Parliament and the Economic and Social Committee, adopt provisions for the harmonisation of legislation concerning turnover taxes, excise duties and other forms of indirect taxation to the extent that such harmonisation is necessary to ensure the establishment and the functioning of the internal market and to avoid distortion of competition.
CHAPTER 3
APPROXIMATION OF LAWS
Article 114
(ex Article 95 TEC)
In the absence of a decision by the Commission within this period the national provisions referred to in paragraphs 4 and 5 shall be deemed to have been approved.
When justified by the complexity of the matter and in the absence of danger for human health, the Commission may notify the Member State concerned that the period referred to in this paragraph may be extended for a further period of up to six months.
Article 115
(ex Article 94 TEC)
Without prejudice to Article 114, the Council shall, acting unanimously in accordance with a special legislative procedure and after consulting the European Parliament and the Economic and Social Committee, issue directives for the approximation of such laws, regulations or administrative provisions of the Member States as directly affect the establishment or functioning of the internal market.
Article 116
(ex Article 96 TEC)
Where the Commission finds that a difference between the provisions laid down by law, regulation or administrative action in Member States is distorting the conditions of competition in the internal market and that the resultant distortion needs to be eliminated, it shall consult the Member States concerned.
If such consultation does not result in an agreement eliminating the distortion in question, the European, Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall issue the necessary directives. Any other appropriate measures provided for in the Treaties may be adopted.
Article 117
(ex Article 97 TEC)
Article 118
In the context of the establishment and functioning of the internal market, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall establish measures for the creation of European intellectual property rights to provide uniform protection of intellectual property rights throughout the Union and for the setting up of centralised Union-wide authorisation, coordination and supervision arrangements.
The Council, acting in accordance with a special legislative procedure, shall by means of regulations establish language arrangements for the European intellectual property rights. The Council shall act unanimously after consulting the European Parliament.
TITLE VIII
ECONOMIC AND MONETARY POLICY
Article 119
(ex Article 4 TEC)
CHAPTER 1
ECONOMIC POLICY
Article 120
(ex Article 98 TEC)
Member States shall conduct their economic policies with a view to contributing to the achievement of the objectives of the Union, as defined in Article 3 of the Treaty on European Union, and in the context of the broad guidelines referred to in Article 121(2). The Member States and the Union shall act in accordance with the principle of an open market economy with free competition, favouring an efficient allocation of resources, and in compliance with the principles set out in Article 119.
Article 121
(ex Article 99 TEC)
The European Council shall, acting on the basis of the report from the Council, discuss a conclusion on the broad guidelines of the economic policies of the Member States and of the Union.
On the basis of this conclusion, the Council shall adopt a recommendation setting out these broad guidelines. The Council shall inform the European Parliament of its recommendation.
For the purpose of this multilateral surveillance, Member States shall forward information to the Commission about important measures taken by them in the field of their economic policy and such other information as they deem necessary.
Within the scope of this paragraph, the Council shall act without taking into account the vote of the member of the Council representing the Member State concerned.
A qualified majority of the other members of the Council shall be defined in accordance with Article 238(3)(a).
Article 122
(ex Article 100 TEC)
Article 123
(ex Article 101 TEC)
Article 124
(ex Article 102 TEC)
Any measure, not based on prudential considerations, establishing privileged access by Union institutions, bodies, offices or agencies, central governments, regional, local or other public authorities, other bodies governed by public law, or public undertakings of Member States to financial institutions, shall be prohibited.
Article 125
(ex Article 103 TEC)
Article 126
(ex Article 104 TEC)
The Commission shall monitor the development of the budgetary situation and of the stock of government debt in the Member States with a view to identifying gross errors. In particular it shall examine compliance with budgetary discipline on the basis of the following two criteria:
whether the ratio of the planned or actual government deficit to gross domestic product exceeds a reference value, unless:
whether the ratio of government debt to gross domestic product exceeds a reference value, unless the ratio is sufficiently diminishing and approaching the reference value at a satisfactory pace.
The reference values are specified in the Protocol on the excessive deficit procedure annexed to the Treaties.
The Commission may also prepare a report if, notwithstanding the fulfilment of the requirements under the criteria, it is of the opinion that there is a risk of an excessive deficit in a Member State.
In such a case, the Council may request the Member State concerned to submit reports in accordance with a specific timetable in order to examine the adjustment efforts of that Member State.
As long as a Member State fails to comply with a decision taken in accordance with paragraph 9, the Council may decide to apply or, as the case may be, intensify one or more of the following measures:
The President of the Council shall inform the European Parliament of the decisions taken.
When the Council adopts the measures referred to in paragraphs 6 to 9, 11 and 12, it shall act without taking into account the vote of the member of the Council representing the Member State concerned.
A qualified majority of the other members of the Council shall be defined in accordance with Article 238(3)(a).
The Council shall, acting unanimously in accordance with a special legislative procedure and after consulting the European Parliament and the European Central Bank, adopt the appropriate provisions which shall then replace the said Protocol.
Subject to the other provisions of this paragraph, the Council shall, on a proposal from the Commission and after consulting the European Parliament, lay down detailed rules and definitions for the application of the provisions of the said Protocol.
CHAPTER 2
MONETARY POLICY
Article 127
(ex Article 105 TEC)
The basic tasks to be carried out through the ESCB shall be:
The European Central Bank shall be consulted:
The European Central Bank may submit opinions to the appropriate Union institutions, bodies, offices or agencies or to national authorities on matters in its fields of competence.
Article 128
(ex Article 106 TEC)
Article 129
(ex Article 107 TEC)
Article 130
(ex Article 108 TEC)
When exercising the powers and carrying out the tasks and duties conferred upon them by the Treaties and the Statute of the ESCB and of the ECB, neither the European Central Bank, nor a national central bank, nor any member of their decision-making bodies shall seek or take instructions from Union institutions, bodies, offices or agencies, from any government of a Member State or from any other body. The Union institutions, bodies, offices or agencies and the governments of the Member States undertake to respect this principle and not to seek to influence the members of the decision-making bodies of the European Central Bank or of the national central banks in the performance of their tasks.
Article 131
(ex Article 109 TEC)
Each Member State shall ensure that its national legislation including the statutes of its national central bank is compatible with the Treaties and the Statute of the ESCB and of the ECB.
Article 132
(ex Article 110 TEC)
In order to carry out the tasks entrusted to the ESCB, the European Central Bank shall, in accordance with the provisions of the Treaties and under the conditions laid down in the Statute of the ESCB and of the ECB:
Article 133
Without prejudice to the powers of the European Central Bank, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall lay down the measures necessary for the use of the euro as the single currency. Such measures shall be adopted after consultation of the European Central Bank.
CHAPTER 3
INSTITUTIONAL PROVISIONS
Article 134
(ex Article 114 TEC)
The Economic and Financial Committee shall have the following tasks:
The Member States, the Commission and the European Central Bank shall each appoint no more than two members of the Committee.
Article 135
(ex Article 115 TEC)
For matters within the scope of Articles 121(4), 126 with the exception of paragraph 14, 138, 140(1), 140(2), first subparagraph, 140(3) and 219, the Council or a Member State may request the Commission to make a recommendation or a proposal, as appropriate. The Commission shall examine this request and submit its conclusions to the Council without delay.
CHAPTER 4
PROVISIONS SPECIFIC TO MEMBER STATES WHOSE CURRENCY IS THE EURO
Article 136
In order to ensure the proper functioning of economic and monetary union, and in accordance with the relevant provisions of the Treaties, the Council shall, in accordance with the relevant procedure from among those referred to in Articles 121 and 126, with the exception of the procedure set out in Article 126(14), adopt measures specific to those Member States whose currency is the euro:
to strengthen the coordination and surveillance of their budgetary discipline;
to set out economic policy guidelines for them, while ensuring that they are compatible with those adopted for the whole of the Union and are kept under surveillance.
A qualified majority of the said members shall be defined in accordance with Article 238(3)(a).
Article 137
Arrangements for meetings between ministers of those Member States whose currency is the euro are laid down by the Protocol on the Euro Group.
Article 138
(ex Article 111(4), TEC)
A qualified majority of the said members shall be defined in accordance with Article 238(3)(a).
CHAPTER 5
TRANSITIONAL PROVISIONS
Article 139
The following provisions of the Treaties shall not apply to Member States with a derogation:
adoption of the parts of the broad economic policy guidelines which concern the euro area generally (Article 121(2));
coercive means of remedying excessive deficits (Article 126(9) and (11));
the objectives and tasks of the ESCB (Article 127(1) to (3) and (5));
issue of the euro (Article 128);
acts of the European Central Bank (Article 132);
measures governing the use of the euro (Article 133);
monetary agreements and other measures relating to exchange-rate policy (Article 219);
appointment of members of the Executive Board of the European Central Bank (Article 283(2));
decisions establishing common positions on issues of particular relevance for economic and monetary union within the competent international financial institutions and conferences (Article 138(1));
measures to ensure unified representation within the international financial institutions and conferences (Article 138(2)).
In the Articles referred to in points (a) to (j), ‘Member States’ shall therefore mean Member States whose currency is the euro.
The voting rights of members of the Council representing Member States with a derogation shall be suspended for the adoption by the Council of the measures referred to in the Articles listed in paragraph 2, and in the following instances:
recommendations made to those Member States whose currency is the euro in the framework of multilateral surveillance, including on stability programmes and warnings (Article 121(4));
measures relating to excessive deficits concerning those Member States whose currency is the euro (Article 126(6), (7), (8), (12) and (13)).
A qualified majority of the other members of the Council shall be defined in accordance with Article 238(3)(a).
Article 140
(ex Articles 121(1), 122(2), second sentence, and 123(5) TEC)
At least once every two years, or at the request of a Member State with a derogation, the Commission and the European Central Bank shall report to the Council on the progress made by the Member States with a derogation in fulfilling their obligations regarding the achievement of economic and monetary union. These reports shall include an examination of the compatibility between the national legislation of each of these Member States, including the statutes of its national central bank, and Articles 130 and 131 and the Statute of the ESCB and of the ECB. The reports shall also examine the achievement of a high degree of sustainable convergence by reference to the fulfilment by each Member State of the following criteria:
The four criteria mentioned in this paragraph and the relevant periods over which they are to be respected are developed further in a Protocol annexed to the Treaties. The reports of the Commission and the European Central Bank shall also take account of the results of the integration of markets, the situation and development of the balances of payments on current account and an examination of the development of unit labour costs and other price indices.
The Council shall act having received a recommendation of a qualified majority of those among its members representing Member States whose currency is the euro. These members shall act within six months of the Council receiving the Commission's proposal.
The qualified majority of the said members, as referred to in the second subparagraph, shall be defined in accordance with Article 238(3)(a).
Article 141
(ex Articles 123(3) and 117(2) first five indents, TEC)
If and as long as there are Member States with a derogation, the European Central Bank shall, as regards those Member States:
Article 142
(ex Article 124(1) TEC)
Each Member State with a derogation shall treat its exchange-rate policy as a matter of common interest. In so doing, Member States shall take account of the experience acquired in cooperation within the framework of the exchange-rate mechanism.
Article 143
(ex Article 119 TEC)
If the action taken by a Member State with a derogation and the measures suggested by the Commission do not prove sufficient to overcome the difficulties which have arisen or which threaten, the Commission shall, after consulting the Economic and Financial Committee, recommend to the Council the granting of mutual assistance and appropriate methods therefor.
The Commission shall keep the Council regularly informed of the situation and of how it is developing.
The Council shall grant such mutual assistance; it shall adopt directives or decisions laying down the conditions and details of such assistance, which may take such forms as:
a concerted approach to or within any other international organisations to which Member States with a derogation may have recourse;
measures needed to avoid deflection of trade where the Member State with a derogation which is in difficulties maintains or reintroduces quantitative restrictions against third countries;
the granting of limited credits by other Member States, subject to their agreement.
Such authorisation may be revoked and such conditions and details may be changed by the Council.
Article 144
(ex Article 120 TEC)
TITLE IX
EMPLOYMENT
Article 145
(ex Article 125 TEC)
Member States and the Union shall, in accordance with this Title, work towards developing a coordinated strategy for employment and particularly for promoting a skilled, trained and adaptable workforce and labour markets responsive to economic change with a view to achieving the objectives defined in Article 3 of the Treaty on European Union.
Article 146
(ex Article 126 TEC)
Article 147
(ex Article 127 TEC)
Article 148
(ex Article 128 TEC)
Article 149
(ex Article 129 TEC)
The European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee and the Committee of the Regions, may adopt incentive measures designed to encourage cooperation between Member States and to support their action in the field of employment through initiatives aimed at developing exchanges of information and best practices, providing comparative analysis and advice as well as promoting innovative approaches and evaluating experiences, in particular by recourse to pilot projects.
Those measures shall not include harmonisation of the laws and regulations of the Member States.
Article 150
(ex Article 130 TEC)
The Council, acting by a simple majority after consulting the European Parliament, shall establish an Employment Committee with advisory status to promote coordination between Member States on employment and labour market policies. The tasks of the Committee shall be:
In fulfilling its mandate, the Committee shall consult management and labour.
Each Member State and the Commission shall appoint two members of the Committee.
TITLE X
SOCIAL POLICY
Article 151
(ex Article 136 TEC)
The Union and the Member States, having in mind fundamental social rights such as those set out in the European Social Charter signed at Turin on 18 October 1961 and in the 1989 Community Charter of the Fundamental Social Rights of Workers, shall have as their objectives the promotion of employment, improved living and working conditions, so as to make possible their harmonisation while the improvement is being maintained, proper social protection, dialogue between management and labour, the development of human resources with a view to lasting high employment and the combating of exclusion.
To this end the Union and the Member States shall implement measures which take account of the diverse forms of national practices, in particular in the field of contractual relations, and the need to maintain the competitiveness of the Union economy.
They believe that such a development will ensue not only from the functioning of the internal market, which will favour the harmonisation of social systems, but also from the procedures provided for in the Treaties and from the approximation of provisions laid down by law, regulation or administrative action.
Article 152
The Union recognises and promotes the role of the social partners at its level, taking into account the diversity of national systems. It shall facilitate dialogue between the social partners, respecting their autonomy.
The Tripartite Social Summit for Growth and Employment shall contribute to social dialogue.
Article 153
(ex Article 137 TEC)
With a view to achieving the objectives of Article 151, the Union shall support and complement the activities of the Member States in the following fields:
improvement in particular of the working environment to protect workers' health and safety;
working conditions;
social security and social protection of workers;
protection of workers where their employment contract is terminated;
the information and consultation of workers;
representation and collective defence of the interests of workers and employers, including co-determination, subject to paragraph 5;
conditions of employment for third-country nationals legally residing in Union territory;
the integration of persons excluded from the labour market, without prejudice to Article 166;
equality between men and women with regard to labour market opportunities and treatment at work;
the combating of social exclusion;
the modernisation of social protection systems without prejudice to point (c).
To this end, the European Parliament and the Council:
may adopt measures designed to encourage cooperation between Member States through initiatives aimed at improving knowledge, developing exchanges of information and best practices, promoting innovative approaches and evaluating experiences, excluding any harmonisation of the laws and regulations of the Member States;
may adopt, in the fields referred to in paragraph 1(a) to (i), by means of directives, minimum requirements for gradual implementation, having regard to the conditions and technical rules obtaining in each of the Member States. Such directives shall avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings.
The European Parliament and the Council shall act in accordance with the ordinary legislative procedure after consulting the Economic and Social Committee and the Committee of the Regions.
In the fields referred to in paragraph 1(c), (d), (f) and (g), the Council shall act unanimously, in accordance with a special legislative procedure, after consulting the European Parliament and the said Committees.
The Council, acting unanimously on a proposal from the Commission, after consulting the European Parliament, may decide to render the ordinary legislative procedure applicable to paragraph 1(d), (f) and (g).
In this case, it shall ensure that, no later than the date on which a directive or a decision must be transposed or implemented, management and labour have introduced the necessary measures by agreement, the Member State concerned being required to take any necessary measure enabling it at any time to be in a position to guarantee the results imposed by that directive or that decision.
The provisions adopted pursuant to this Article:
Article 154
(ex Article 138 TEC)
Article 155
(ex Article 139 TEC)
The Council shall act unanimously where the agreement in question contains one or more provisions relating to one of the areas for which unanimity is required pursuant to Article 153(2).
Article 156
(ex Article 140 TEC)
With a view to achieving the objectives of Article 151 and without prejudice to the other provisions of the Treaties, the Commission shall encourage cooperation between the Member States and facilitate the coordination of their action in all social policy fields under this Chapter, particularly in matters relating to:
To this end, the Commission shall act in close contact with Member States by making studies, delivering opinions and arranging consultations both on problems arising at national level and on those of concern to international organisations, in particular initiatives aiming at the establishment of guidelines and indicators, the organisation of exchange of best practice, and the preparation of the necessary elements for periodic monitoring and evaluation. The European Parliament shall be kept fully informed.
Before delivering the opinions provided for in this Article, the Commission shall consult the Economic and Social Committee.
Article 157
(ex Article 141 TEC)
Equal pay without discrimination based on sex means:
that pay for the same work at piece rates shall be calculated on the basis of the same unit of measurement;
that pay for work at time rates shall be the same for the same job.
Article 158
(ex Article 142 TEC)
Member States shall endeavour to maintain the existing equivalence between paid holiday schemes.
Article 159
(ex Article 143 TEC)
The Commission shall draw up a report each year on progress in achieving the objectives of Article 151, including the demographic situation in the Union. It shall forward the report to the European Parliament, the Council and the Economic and Social Committee.
Article 160
(ex Article 144 TEC)
The Council, acting by a simple majority after consulting the European Parliament, shall establish a Social Protection Committee with advisory status to promote cooperation on social protection policies between Member States and with the Commission. The tasks of the Committee shall be:
In fulfilling its mandate, the Committee shall establish appropriate contacts with management and labour.
Each Member State and the Commission shall appoint two members of the Committee.
Article 161
(ex Article 145 TEC)
The Commission shall include a separate chapter on social developments within the Union in its annual report to the European Parliament.
The European Parliament may invite the Commission to draw up reports on any particular problems concerning social conditions.
TITLE XI
THE EUROPEAN SOCIAL FUND
Article 162
(ex Article 146 TEC)
In order to improve employment opportunities for workers in the internal market and to contribute thereby to raising the standard of living, a European Social Fund is hereby established in accordance with the provisions set out below; it shall aim to render the employment of workers easier and to increase their geographical and occupational mobility within the Union, and to facilitate their adaptation to industrial changes and to changes in production systems, in particular through vocational training and retraining.
Article 163
(ex Article 147 TEC)
The Fund shall be administered by the Commission.
The Commission shall be assisted in this task by a Committee presided over by a Member of the Commission and composed of representatives of governments, trade unions and employers' organisations.
Article 164
(ex Article 148 TEC)
The European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee and the Committee of the Regions, shall adopt implementing regulations relating to the European Social Fund.
TITLE XII
EDUCATION, VOCATIONAL TRAINING, YOUTH AND SPORT
Article 165
(ex Article 149 TEC)
The Union shall contribute to the promotion of European sporting issues, while taking account of the specific nature of sport, its structures based on voluntary activity and its social and educational function.
Union action shall be aimed at:
In order to contribute to the achievement of the objectives referred to in this Article:
Article 166
(ex Article 150 TEC)
Union action shall aim to:
TITLE XIII
CULTURE
Article 167
(ex Article 151 TEC)
Action by the Union shall be aimed at encouraging cooperation between Member States and, if necessary, supporting and supplementing their action in the following areas:
In order to contribute to the achievement of the objectives referred to in this Article:
TITLE XIV
PUBLIC HEALTH
Article 168
(ex Article 152 TEC)
Union action, which shall complement national policies, shall be directed towards improving public health, preventing physical and mental illness and diseases, and obviating sources of danger to physical and mental health. Such action shall cover the fight against the major health scourges, by promoting research into their causes, their transmission and their prevention, as well as health information and education, and monitoring, early warning of and combating serious cross-border threats to health.
The Union shall complement the Member States' action in reducing drugs-related health damage, including information and prevention.
Member States shall, in liaison with the Commission, coordinate among themselves their policies and programmes in the areas referred to in paragraph 1. The Commission may, in close contact with the Member States, take any useful initiative to promote such coordination, in particular initiatives aiming at the establishment of guidelines and indicators, the organisation of exchange of best practice, and the preparation of the necessary elements for periodic monitoring and evaluation. The European Parliament shall be kept fully informed.
By way of derogation from Article 2(5) and Article 6(a) and in accordance with Article 4(2)(k) the European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee and the Committee of the Regions, shall contribute to the achievement of the objectives referred to in this Article through adopting in order to meet common safety concerns:
measures setting high standards of quality and safety of organs and substances of human origin, blood and blood derivatives; these measures shall not prevent any Member State from maintaining or introducing more stringent protective measures;
measures in the veterinary and phytosanitary fields which have as their direct objective the protection of public health;
measures setting high standards of quality and safety for medicinal products and devices for medical use.
TITLE XV
CONSUMER PROTECTION
Article 169
(ex Article 153 TEC)
The Union shall contribute to the attainment of the objectives referred to in paragraph 1 through:
measures adopted pursuant to Article 114 in the context of the completion of the internal market;
measures which support, supplement and monitor the policy pursued by the Member States.
TITLE XVI
TRANS-EUROPEAN NETWORKS
Article 170
(ex Article 154 TEC)
Article 171
(ex Article 155 TEC)
In order to achieve the objectives referred to in Article 170, the Union:
The Union's activities shall take into account the potential economic viability of the projects.
Article 172
(ex Article 156 TEC)
The guidelines and other measures referred to in Article 171(1) shall be adopted by the European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee and the Committee of the Regions.
Guidelines and projects of common interest which relate to the territory of a Member State shall require the approval of the Member State concerned.
TITLE XVII
INDUSTRY
Article 173
(ex Article 157 TEC)
For that purpose, in accordance with a system of open and competitive markets, their action shall be aimed at:
This Title shall not provide a basis for the introduction by the Union of any measure which could lead to a distortion of competition or contains tax provisions or provisions relating to the rights and interests of employed persons.
TITLE XVIII
ECONOMIC, SOCIAL AND TERRITORIAL COHESION
Article 174
(ex Article 158 TEC)
In order to promote its overall harmonious development, the Union shall develop and pursue its actions leading to the strengthening of its economic, social and territorial cohesion.
In particular, the Union shall aim at reducing disparities between the levels of development of the various regions and the backwardness of the least favoured regions.
Among the regions concerned, particular attention shall be paid to rural areas, areas affected by industrial transition, and regions which suffer from severe and permanent natural or demographic handicaps such as the northernmost regions with very low population density and island, cross-border and mountain regions.
Article 175
(ex Article 159 TEC)
Member States shall conduct their economic policies and shall coordinate them in such a way as, in addition, to attain the objectives set out in Article 174. The formulation and implementation of the Union's policies and actions and the implementation of the internal market shall take into account the objectives set out in Article 174 and shall contribute to their achievement. The Union shall also support the achievement of these objectives by the action it takes through the Structural Funds (European Agricultural Guidance and Guarantee Fund, Guidance Section; European Social Fund; European Regional Development Fund), the European Investment Bank and the other existing Financial Instruments.
The Commission shall submit a report to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions every three years on the progress made towards achieving economic, social and territorial cohesion and on the manner in which the various means provided for in this Article have contributed to it. This report shall, if necessary, be accompanied by appropriate proposals.
If specific actions prove necessary outside the Funds and without prejudice to the measures decided upon within the framework of the other Union policies, such actions may be adopted by the European Parliament and the Council acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee and the Committee of the Regions.
Article 176
(ex Article 160 TEC)
The European Regional Development Fund is intended to help to redress the main regional imbalances in the Union through participation in the development and structural adjustment of regions whose development is lagging behind and in the conversion of declining industrial regions.
Article 177
(ex Article 161 TEC)
Without prejudice to Article 178, the European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure and consulting the Economic and Social Committee and the Committee of the Regions, shall define the tasks, priority objectives and the organisation of the Structural Funds, which may involve grouping the Funds. The general rules applicable to them and the provisions necessary to ensure their effectiveness and the coordination of the Funds with one another and with the other existing Financial Instruments shall also be defined by the same procedure.
A Cohesion Fund set up in accordance with the same procedure shall provide a financial contribution to projects in the fields of environment and trans-European networks in the area of transport infrastructure.
Article 178
(ex Article 162 TEC)
Implementing regulations relating to the European Regional Development Fund shall be taken by the European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee and the Committee of the Regions.
With regard to the European Agricultural Guidance and Guarantee Fund, Guidance Section, and the European Social Fund, Articles 43 and 164 respectively shall continue to apply.
TITLE XIX
RESEARCH AND TECHNOLOGICAL DEVELOPMENT AND SPACE
Article 179
(ex Article 163 TEC)
Article 180
(ex Article 164 TEC)
In pursuing these objectives, the Union shall carry out the following activities, complementing the activities carried out in the Member States:
implementation of research, technological development and demonstration programmes, by promoting cooperation with and between undertakings, research centres and universities;
promotion of cooperation in the field of Union research, technological development and demonstration with third countries and international organisations;
dissemination and optimisation of the results of activities in Union research, technological development and demonstration;
stimulation of the training and mobility of researchers in the Union.
Article 181
(ex Article 165 TEC)
Article 182
(ex Article 166 TEC)
The framework programme shall:
Article 183
(ex Article 167 TEC)
For the implementation of the multiannual framework programme the Union shall:
Article 184
(ex Article 168 TEC)
In implementing the multiannual framework programme, supplementary programmes may be decided on involving the participation of certain Member States only, which shall finance them subject to possible Union participation.
The Union shall adopt the rules applicable to supplementary programmes, particularly as regards the dissemination of knowledge and access by other Member States.
Article 185
(ex Article 169 TEC)
In implementing the multiannual framework programme, the Union may make provision, in agreement with the Member States concerned, for participation in research and development programmes undertaken by several Member States, including participation in the structures created for the execution of those programmes.
Article 186
(ex Article 170 TEC)
In implementing the multiannual framework programme the Union may make provision for cooperation in Union research, technological development and demonstration with third countries or international organisations.
The detailed arrangements for such cooperation may be the subject of agreements between the Union and the third parties concerned.
Article 187
(ex Article 171 TEC)
The Union may set up joint undertakings or any other structure necessary for the efficient execution of Union research, technological development and demonstration programmes.
Article 188
(ex Article 172 TEC)
The Council, on a proposal from the Commission and after consulting the European Parliament and the Economic and Social Committee, shall adopt the provisions referred to in Article 187.
The European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee, shall adopt the provisions referred to in Articles 183, 184 and 185. Adoption of the supplementary programmes shall require the agreement of the Member States concerned.
Article 189
Article 190
(ex Article 173 TEC)
At the beginning of each year the Commission shall send a report to the European Parliament and to the Council. The report shall include information on research and technological development activities and the dissemination of results during the previous year, and the work programme for the current year.
TITLE XX
ENVIRONMENT
Article 191
(ex Article 174 TEC)
Union policy on the environment shall contribute to pursuit of the following objectives:
In this context, harmonisation measures answering environmental protection requirements shall include, where appropriate, a safeguard clause allowing Member States to take provisional measures, for non-economic environmental reasons, subject to a procedure of inspection by the Union.
In preparing its policy on the environment, the Union shall take account of:
The previous subparagraph shall be without prejudice to Member States' competence to negotiate in international bodies and to conclude international agreements.
Article 192
(ex Article 175 TEC)
By way of derogation from the decision-making procedure provided for in paragraph 1 and without prejudice to Article 114, the Council acting unanimously in accordance with a special legislative procedure and after consulting the European Parliament, the Economic and Social Committee and the Committee of the Regions, shall adopt:
provisions primarily of a fiscal nature;
measures affecting:
measures significantly affecting a Member State's choice between different energy sources and the general structure of its energy supply.
The Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, the Economic and Social Committee and the Committee of the Regions, may make the ordinary legislative procedure applicable to the matters referred to in the first subparagraph.
The measures necessary for the implementation of these programmes shall be adopted under the terms of paragraph 1 or 2, as the case may be.
Without prejudice to the principle that the polluter should pay, if a measure based on the provisions of paragraph 1 involves costs deemed disproportionate for the public authorities of a Member State, such measure shall lay down appropriate provisions in the form of:
Article 193
(ex Article 176 TEC)
The protective measures adopted pursuant to Article 192 shall not prevent any Member State from maintaining or introducing more stringent protective measures. Such measures must be compatible with the Treaties. They shall be notified to the Commission.
TITLE XXI
ENERGY
Article 194
In the context of the establishment and functioning of the internal market and with regard for the need to preserve and improve the environment, Union policy on energy shall aim, in a spirit of solidarity between Member States, to:
ensure the functioning of the energy market;
ensure security of energy supply in the Union;
promote energy efficiency and energy saving and the development of new and renewable forms of energy; and
promote the interconnection of energy networks.
Such measures shall not affect a Member State's right to determine the conditions for exploiting its energy resources, its choice between different energy sources and the general structure of its energy supply, without prejudice to Article 192(2)(c).
TITLE XXII
TOURISM
Article 195
To that end, Union action shall be aimed at:
encouraging the creation of a favourable environment for the development of undertakings in this sector;
promoting cooperation between the Member States, particularly by the exchange of good practice.
TITLE XXIII
CIVIL PROTECTION
Article 196
Union action shall aim to:
support and complement Member States' action at national, regional and local level in risk prevention, in preparing their civil-protection personnel and in responding to natural or man-made disasters within the Union;
promote swift, effective operational cooperation within the Union between national civil-protection services;
promote consistency in international civil-protection work.
TITLE XXIV
ADMINISTRATIVE COOPERATION
Article 197
PART FOUR
ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES
Article 198
(ex Article 182 TEC)
The Member States agree to associate with the Union the non-European countries and territories which have special relations with Denmark, France, the Netherlands and the United Kingdom. These countries and territories (hereinafter called the ‘countries and territories’) are listed in Annex II.
The purpose of association shall be to promote the economic and social development of the countries and territories and to establish close economic relations between them and the Union as a whole.
In accordance with the principles set out in the preamble to this Treaty, association shall serve primarily to further the interests and prosperity of the inhabitants of these countries and territories in order to lead them to the economic, social and cultural development to which they aspire.
Article 199
(ex Article 183 TEC)
Association shall have the following objectives.
Member States shall apply to their trade with the countries and territories the same treatment as they accord each other pursuant to the Treaties.
Each country or territory shall apply to its trade with Member States and with the other countries and territories the same treatment as that which it applies to the European State with which is has special relations.
The Member States shall contribute to the investments required for the progressive development of these countries and territories.
For investments financed by the Union, participation in tenders and supplies shall be open on equal terms to all natural and legal persons who are nationals of a Member State or of one of the countries and territories.
In relations between Member States and the countries and territories the right of establishment of nationals and companies or firms shall be regulated in accordance with the provisions and procedures laid down in the Chapter relating to the right of establishment and on a non-discriminatory basis, subject to any special provisions laid down pursuant to Article 203.
Article 200
(ex Article 184 TEC)
The duties referred to in the preceding subparagraph may not exceed the level of those imposed on imports of products from the Member State with which each country or territory has special relations.
Article 201
(ex Article 185 TEC)
If the level of the duties applicable to goods from a third country on entry into a country or territory is liable, when the provisions of Article 200(1) have been applied, to cause deflections of trade to the detriment of any Member State, the latter may request the Commission to propose to the other Member States the measures needed to remedy the situation.
Article 202
(ex Article 186 TEC)
Subject to the provisions relating to public health, public security or public policy, freedom of movement within Member States for workers from the countries and territories, and within the countries and territories for workers from Member States, shall be regulated by acts adopted in accordance with Article 203.
Article 203
(ex Article 187 TEC)
The Council, acting unanimously on a proposal from the Commission, shall, on the basis of the experience acquired under the association of the countries and territories with the Union and of the principles set out in the Treaties, lay down provisions as regards the detailed rules and the procedure for the association of the countries and territories with the Union. Where the provisions in question are adopted by the Council in accordance with a special legislative procedure, it shall act unanimously on a proposal from the Commission and after consulting the European Parliament.
Article 204
(ex Article 188 TEC)
The provisions of Articles 198 to 203 shall apply to Greenland, subject to the specific provisions for Greenland set out in the Protocol on special arrangements for Greenland, annexed to the Treaties.
PART FIVE
THE UNION'S EXTERNAL ACTION
TITLE I
GENERAL PROVISIONS ON THE UNION'S EXTERNAL ACTION
Article 205
The Union's action on the international scene, pursuant to this Part, shall be guided by the principles, pursue the objectives and be conducted in accordance with the general provisions laid down in Chapter 1 of Title V of the Treaty on European Union.
TITLE II
COMMON COMMERCIAL POLICY
Article 206
(ex Article 131 TEC)
By establishing a customs union in accordance with Articles 28 to 32, the Union shall contribute, in the common interest, to the harmonious development of world trade, the progressive abolition of restrictions on international trade and on foreign direct investment, and the lowering of customs and other barriers.
Article 207
(ex Article 133 TEC)
The Commission shall make recommendations to the Council, which shall authorise it to open the necessary negotiations. The Council and the Commission shall be responsible for ensuring that the agreements negotiated are compatible with internal Union policies and rules.
The Commission shall conduct these negotiations in consultation with a special committee appointed by the Council to assist the Commission in this task and within the framework of such directives as the Council may issue to it. The Commission shall report regularly to the special committee and to the European Parliament on the progress of negotiations.
For the negotiation and conclusion of agreements in the fields of trade in services and the commercial aspects of intellectual property, as well as foreign direct investment, the Council shall act unanimously where such agreements include provisions for which unanimity is required for the adoption of internal rules.
The Council shall also act unanimously for the negotiation and conclusion of agreements:
in the field of trade in cultural and audiovisual services, where these agreements risk prejudicing the Union's cultural and linguistic diversity;
in the field of trade in social, education and health services, where these agreements risk seriously disturbing the national organisation of such services and prejudicing the responsibility of Member States to deliver them.
TITLE III
COOPERATION WITH THIRD COUNTRIES AND HUMANITARIAN AID
CHAPTER 1
DEVELOPMENT COOPERATION
Article 208
(ex Article 177 TEC)
Union development cooperation policy shall have as its primary objective the reduction and, in the long term, the eradication of poverty. The Union shall take account of the objectives of development cooperation in the policies that it implements which are likely to affect developing countries.
Article 209
(ex Article 179 TEC)
The first subparagraph shall be without prejudice to Member States' competence to negotiate in international bodies and to conclude agreements.
Article 210
(ex Article 180 TEC)
Article 211
(ex Article 181 TEC)
Within their respective spheres of competence, the Union and the Member States shall cooperate with third countries and with the competent international organisations.
CHAPTER 2
ECONOMIC, FINANCIAL AND TECHNICAL COOPERATION WITH THIRD COUNTRIES
Article 212
(ex Article 181a TEC)
The first subparagraph shall be without prejudice to the Member States' competence to negotiate in international bodies and to conclude international agreements.
Article 213
When the situation in a third country requires urgent financial assistance from the Union, the Council shall adopt the necessary decisions on a proposal from the Commission.
CHAPTER 3
HUMANITARIAN AID
Article 214
The first subparagraph shall be without prejudice to Member States' competence to negotiate in international bodies and to conclude agreements.
TITLE IV
RESTRICTIVE MEASURES
Article 215
(ex Article 301 TEC)
TITLE V
INTERNATIONAL AGREEMENTS
Article 216
Article 217
(ex Article 310 TEC)
The Union may conclude with one or more third countries or international organisations agreements establishing an association involving reciprocal rights and obligations, common action and special procedure.
Article 218
(ex Article 300 TEC)
Except where agreements relate exclusively to the common foreign and security policy, the Council shall adopt the decision concluding the agreement:
after obtaining the consent of the European Parliament in the following cases:
association agreements;
agreement on Union accession to the European Convention for the Protection of Human Rights and Fundamental Freedoms;
agreements establishing a specific institutional framework by organising cooperation procedures;
agreements with important budgetary implications for the Union;
agreements covering fields to which either the ordinary legislative procedure applies, or the special legislative procedure where consent by the European Parliament is required.
The European Parliament and the Council may, in an urgent situation, agree upon a time-limit for consent.
after consulting the European Parliament in other cases. The European Parliament shall deliver its opinion within a time-limit which the Council may set depending on the urgency of the matter. In the absence of an opinion within that time-limit, the Council may act.
However, it shall act unanimously when the agreement covers a field for which unanimity is required for the adoption of a Union act as well as for association agreements and the agreements referred to in Article 212 with the States which are candidates for accession. The Council shall also act unanimously for the agreement on accession of the Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms; the decision concluding this agreement shall enter into force after it has been approved by the Member States in accordance with their respective constitutional requirements.
Article 219
(ex Article 111(1) to (3) and (5) TEC)
The Council may, either on a recommendation from the European Central Bank or on a recommendation from the Commission, and after consulting the European Central Bank, in an endeavour to reach a consensus consistent with the objective of price stability, adopt, adjust or abandon the central rates of the euro within the exchange-rate system. The President of the Council shall inform the European Parliament of the adoption, adjustment or abandonment of the euro central rates.
TITLE VI
THE UNION'S RELATIONS WITH INTERNATIONAL ORGANISATIONS AND THIRD COUNTRIES AND UNION DELEGATIONS
Article 220
(ex Articles 302 to 304 TEC)
The Union shall also maintain such relations as are appropriate with other international organisations.
Article 221
TITLE VII
SOLIDARITY CLAUSE
Article 222
The Union and its Member States shall act jointly in a spirit of solidarity if a Member State is the object of a terrorist attack or the victim of a natural or man-made disaster. The Union shall mobilise all the instruments at its disposal, including the military resources made available by the Member States, to:
assist a Member State in its territory, at the request of its political authorities, in the event of a natural or man-made disaster.
For the purposes of this paragraph and without prejudice to Article 240, the Council shall be assisted by the Political and Security Committee with the support of the structures developed in the context of the common security and defence policy and by the Committee referred to in Article 71; the two committees shall, if necessary, submit joint opinions.
PART SIX
INSTITUTIONAL AND FINANCIAL PROVISIONS
TITLE I
INSTITUTIONAL PROVISIONS
CHAPTER 1
THE INSTITUTIONS
SECTION 1
THE EUROPEAN PARLIAMENT
Article 223
(ex Article 190(4) and (5) TEC)
The Council, acting unanimously in accordance with a special legislative procedure and after obtaining the consent of the European Parliament, which shall act by a majority of its component Members, shall lay down the necessary provisions. These provisions shall enter into force following their approval by the Member States in accordance with their respective constitutional requirements.
Article 224
(ex Article 191, second subparagraph, TEC)
The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, by means of regulations, shall lay down the regulations governing political parties at European level referred to in Article 10(4) of the Treaty on European Union and in particular the rules regarding their funding.
Article 225
(ex Article 192, second subparagraph, TEC)
The European Parliament may, acting by a majority of its component Members, request the Commission to submit any appropriate proposal on matters on which it considers that a Union act is required for the purpose of implementing the Treaties. If the Commission does not submit a proposal, it shall inform the European Parliament of the reasons.
Article 226
(ex Article 193 TEC)
In the course of its duties, the European Parliament may, at the request of a quarter of its component Members, set up a temporary Committee of Inquiry to investigate, without prejudice to the powers conferred by the Treaties on other institutions or bodies, alleged contraventions or maladministration in the implementation of Union law, except where the alleged facts are being examined before a court and while the case is still subject to legal proceedings.
The temporary Committee of Inquiry shall cease to exist on the submission of its report.
The detailed provisions governing the exercise of the right of inquiry shall be determined by the European Parliament, acting by means of regulations on its own initiative in accordance with a special legislative procedure, after obtaining the consent of the Council and the Commission.
Article 227
(ex Article 194 TEC)
Any citizen of the Union, and any natural or legal person residing or having its registered office in a Member State, shall have the right to address, individually or in association with other citizens or persons, a petition to the European Parliament on a matter which comes within the Union's fields of activity and which affects him, her or it directly.
Article 228
(ex Article 195 TEC)
In accordance with his duties, the Ombudsman shall conduct inquiries for which he finds grounds, either on his own initiative or on the basis of complaints submitted to him direct or through a Member of the European Parliament, except where the alleged facts are or have been the subject of legal proceedings. Where the Ombudsman establishes an instance of maladministration, he shall refer the matter to the institution, body, office or agency concerned, which shall have a period of three months in which to inform him of its views. The Ombudsman shall then forward a report to the European Parliament and the institution, body, office or agency concerned. The person lodging the complaint shall be informed of the outcome of such inquiries.
The Ombudsman shall submit an annual report to the European Parliament on the outcome of his inquiries.
The Ombudsman may be dismissed by the Court of Justice at the request of the European Parliament if he no longer fulfils the conditions required for the performance of his duties or if he is guilty of serious misconduct.
Article 229
(ex Article 196 TEC)
The European Parliament shall hold an annual session. It shall meet, without requiring to be convened, on the second Tuesday in March.
The European Parliament may meet in extraordinary part-session at the request of a majority of its component Members or at the request of the Council or of the Commission.
Article 230
(ex Article 197, second, third and fourth paragraph, TEC)
The Commission may attend all the meetings and shall, at its request, be heard.
The Commission shall reply orally or in writing to questions put to it by the European Parliament or by its Members.
The European Council and the Council shall be heard by the European Parliament in accordance with the conditions laid down in the Rules of Procedure of the European Council and those of the Council.
Article 231
(ex Article 198 TEC)
Save as otherwise provided in the Treaties, the European Parliament shall act by a majority of the votes cast.
The Rules of Procedure shall determine the quorum.
Article 232
(ex Article 199 TEC)
The European Parliament shall adopt its Rules of Procedure, acting by a majority of its Members.
The proceedings of the European Parliament shall be published in the manner laid down in the Treaties and in its Rules of Procedure.
Article 233
(ex Article 200 TEC)
The European Parliament shall discuss in open session the annual general report submitted to it by the Commission.
Article 234
(ex Article 201 TEC)
If a motion of censure on the activities of the Commission is tabled before it, the European Parliament shall not vote thereon until at least three days after the motion has been tabled and only by open vote.
If the motion of censure is carried by a two-thirds majority of the votes cast, representing a majority of the component Members of the European Parliament, the members of the Commission shall resign as a body and the High Representative of the Union for Foreign Affairs and Security Policy shall resign from duties that he or she carries out in the Commission. They shall remain in office and continue to deal with current business until they are replaced in accordance with Article 17 of the Treaty on European Union. In this case, the term of office of the members of the Commission appointed to replace them shall expire on the date on which the term of office of the members of the Commission obliged to resign as a body would have expired.
SECTION 2
THE EUROPEAN COUNCIL
Article 235
Article 16(4) of the Treaty on European Union and Article 238(2) of this Treaty shall apply to the European Council when it is acting by a qualified majority. Where the European Council decides by vote, its President and the President of the Commission shall not take part in the vote.
Abstentions by members present in person or represented shall not prevent the adoption by the European Council of acts which require unanimity.
Article 236
The European Council shall adopt by a qualified majority:
a decision establishing the list of Council configurations, other than those of the General Affairs Council and of the Foreign Affairs Council, in accordance with Article 16(6) of the Treaty on European Union;
a decision on the Presidency of Council configurations, other than that of Foreign Affairs, in accordance with Article 16(9) of the Treaty on European Union.
SECTION 3
THE COUNCIL
Article 237
(ex Article 204 TEC)
The Council shall meet when convened by its President on his own initiative or at the request of one of its Members or of the Commission.
Article 238
(ex Article 205(1) and (2), TEC)
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 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;
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.
Article 239
(ex Article 206 TEC)
Where a vote is taken, any Member of the Council may also act on behalf of not more than one other member.
Article 240
(ex Article 207 TEC)
The Council shall decide on the organisation of the General Secretariat by a simple majority.
Article 241
(ex Article 208 TEC)
The Council, acting by a simple majority, may request the Commission to undertake any studies the Council considers desirable for the attainment of the common objectives, and to submit to it any appropriate proposals. If the Commission does not submit a proposal, it shall inform the Council of the reasons.
Article 242
(ex Article 209 TEC)
The Council, acting by a simple majority shall, after consulting the Commission, determine the rules governing the committees provided for in the Treaties.
Article 243
(ex Article 210 TEC)
The Council shall determine the salaries, allowances and pensions of the President of the European Council, the President of the Commission, the High Representative of the Union for Foreign Affairs and Security Policy, the Members of the Commission, the Presidents, Members and Registrars of the Court of Justice of the European Union, and the Secretary-General of the Council. It shall also determine any payment to be made instead of remuneration.
SECTION 4
THE COMMISSION
Article 244
In accordance with Article 17(5) of the Treaty on European Union, the Members of the Commission shall be chosen on the basis of a system of rotation established unanimously by the European Council and on the basis of the following principles:
Member States shall be treated on a strictly equal footing as regards determination of the sequence of, and the time spent by, their nationals as members of the Commission; consequently, the difference between the total number of terms of office held by nationals of any given pair of Member States may never be more than one;
subject to point (a), each successive Commission shall be so composed as to reflect satisfactorily the demographic and geographical range of all the Member States.
Article 245
(ex Article 213 TEC)
The Members of the Commission shall refrain from any action incompatible with their duties. Member States shall respect their independence and shall not seek to influence them in the performance of their tasks.
The Members of the Commission may not, during their term of office, engage in any other occupation, whether gainful or not. When entering upon their duties they shall give a solemn undertaking that, both during and after their term of office, they will respect the obligations arising therefrom and in particular their duty to behave with integrity and discretion as regards the acceptance, after they have ceased to hold office, of certain appointments or benefits. In the event of any breach of these obligations, the Court of Justice may, on application by the Council acting by a simple majority or the Commission, rule that the Member concerned be, according to the circumstances, either compulsorily retired in accordance with Article 247 or deprived of his right to a pension or other benefits in its stead.
Article 246
(ex Article 215 TEC)
Apart from normal replacement, or death, the duties of a Member of the Commission shall end when he resigns or is compulsorily retired.
A vacancy caused by resignation, compulsory retirement or death shall be filled for the remainder of the Member's term of office by a new Member of the same nationality appointed by the Council, by common accord with the President of the Commission, after consulting the European Parliament and in accordance with the criteria set out in the second subparagraph of Article 17(3) of the Treaty on European Union.
The Council may, acting unanimously on a proposal from the President of the Commission, decide that such a vacancy need not be filled, in particular when the remainder of the Member's term of office is short.
In the event of resignation, compulsory retirement or death, the President shall be replaced for the remainder of his term of office. The procedure laid down in the first subparagraph of Article 17(7) of the Treaty on European Union shall be applicable for the replacement of the President.
In the event of resignation, compulsory retirement or death, the High Representative of the Union for Foreign Affairs and Security Policy shall be replaced, for the remainder of his or her term of office, in accordance with Article 18(1) of the Treaty on European Union.
In the case of the resignation of all the Members of the Commission, they shall remain in office and continue to deal with current business until they have been replaced, for the remainder of their term of office, in accordance with Article 17 of the Treaty on European Union.
Article 247
(ex Article 216 TEC)
If any Member of the Commission no longer fulfils the conditions required for the performance of his duties or if he has been guilty of serious misconduct, the Court of Justice may, on application by the Council acting by a simple majority or the Commission, compulsorily retire him.
Article 248
(ex Article 217(2) TEC)
Without prejudice to Article 18(4) of the Treaty on European Union, the responsibilities incumbent upon the Commission shall be structured and allocated among its members by its President, in accordance with Article 17(6) of that Treaty. The President may reshuffle the allocation of those responsibilities during the Commission's term of office. The Members of the Commission shall carry out the duties devolved upon them by the President under his authority.
Article 249
(ex Articles 218(2) and 212 TEC)
Article 250
(ex Article 219 TEC)
The Commission shall act by a majority of its Members.
Its Rules of Procedure shall determine the quorum.
SECTION 5
THE COURT OF JUSTICE OF THE EUROPEAN UNION
Article 251
(ex Article 221 TEC)
The Court of Justice shall sit in chambers or in a Grand Chamber, in accordance with the rules laid down for that purpose in the Statute of the Court of Justice of the European Union.
When provided for in the Statute, the Court of Justice may also sit as a full Court.
Article 252
(ex Article 222 TEC)
The Court of Justice shall be assisted by eight Advocates-General. Should the Court of Justice so request, the Council, acting unanimously, may increase the number of Advocates-General.
It shall be the duty of the Advocate-General, acting with complete impartiality and independence, to make, in open court, reasoned submissions on cases which, in accordance with the Statute of the Court of Justice of the European Union, require his involvement.
Article 253
(ex Article 223 TEC)
The Judges and Advocates-General of the Court of Justice shall be chosen from persons whose independence is beyond doubt and who possess the qualifications required for appointment to the highest judicial offices in their respective countries or who are jurisconsults of recognised competence; they shall be appointed by common accord of the governments of the Member States for a term of six years, after consultation of the panel provided for in Article 255.
Every three years there shall be a partial replacement of the Judges and Advocates-General, in accordance with the conditions laid down in the Statute of the Court of Justice of the European Union.
The Judges shall elect the President of the Court of Justice from among their number for a term of three years. He may be re-elected.
Retiring Judges and Advocates-General may be reappointed.
The Court of Justice shall appoint its Registrar and lay down the rules governing his service.
The Court of Justice shall establish its Rules of Procedure. Those Rules shall require the approval of the Council.
Article 254
(ex Article 224 TEC)
The number of Judges ►C1 of the General Court ◄ shall be determined by the Statute of the Court of Justice of the European Union. The Statute may provide for the General Court to be assisted by Advocates-General.
The members of the General Court shall be chosen from persons whose independence is beyond doubt and who possess the ability required for appointment to high judicial office. They shall be appointed by common accord of the governments of the Member States for a term of six years, after consultation of the panel provided for in Article 255. The membership shall be partially renewed every three years. Retiring members shall be eligible for reappointment.
The Judges shall elect the President of the General Court from among their number for a term of three years. He may be re-elected.
The General Court shall appoint its Registrar and lay down the rules governing his service.
The General Court shall establish its Rules of Procedure in agreement with the Court of Justice. Those Rules shall require the approval of the Council.
Unless the Statute of the Court of Justice of the European Union provides otherwise, the provisions of the Treaties relating to the Court of Justice shall apply to the General Court.
Article 255
A panel shall be set up in order to give an opinion on candidates' suitability to perform the duties of Judge and Advocate-General of the Court of Justice and the General Court before the governments of the Member States make the appointments referred to in Articles 253 and 254.
The panel shall comprise seven persons chosen from among former members of the Court of Justice and the General Court, members of national supreme courts and lawyers of recognised competence, one of whom shall be proposed by the European Parliament. The Council shall adopt a decision establishing the panel's operating rules and a decision appointing its members. It shall act on the initiative of the President of the Court of Justice.
Article 256
(ex Article 225 TEC)
Decisions given by the General Court under this paragraph may be subject to a right of appeal to the Court of Justice on points of law only, under the conditions and within the limits laid down by the Statute.
Decisions given by the General Court under this paragraph may exceptionally be subject to review by the Court of Justice, under the conditions and within the limits laid down by the Statute, where there is a serious risk of the unity or consistency of Union law being affected.
Where the General Court considers that the case requires a decision of principle likely to affect the unity or consistency of Union law, it may refer the case to the Court of Justice for a ruling.
Decisions given by the General Court on questions referred for a preliminary ruling may exceptionally be subject to review by the Court of Justice, under the conditions and within the limits laid down by the Statute, where there is a serious risk of the unity or consistency of Union law being affected.
Article 257
(ex Article 225a TEC)
The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may establish specialised courts attached to the General Court to hear and determine at first instance certain classes of action or proceeding brought in specific areas. The European Parliament and the Council shall act by means of regulations either on a proposal from the Commission after consultation of the Court of Justice or at the request of the Court of Justice after consultation of the Commission.
The regulation establishing a specialised court shall lay down the rules on the organisation of the court and the extent of the jurisdiction conferred upon it.
Decisions given by specialised courts may be subject to a right of appeal on points of law only or, when provided for in the regulation establishing the specialised court, a right of appeal also on matters of fact, before the General Court.
The members of the specialised courts shall be chosen from persons whose independence is beyond doubt and who possess the ability required for appointment to judicial office. They shall be appointed by the Council, acting unanimously.
The specialised courts shall establish their Rules of Procedure in agreement with the Court of Justice. Those Rules shall require the approval of the Council.
Unless the regulation establishing the specialised court provides otherwise, the provisions of the Treaties relating to the Court of Justice of the European Union and the provisions of the Statute of the Court of Justice of the European Union shall apply to the specialised courts. Title I of the Statute and Article 64 thereof shall in any case apply to the specialised courts.
Article 258
(ex Article 226 TEC)
If the Commission considers that a Member State has failed to fulfil an obligation under the Treaties, it shall deliver a reasoned opinion on the matter after giving the State concerned the opportunity to submit its observations.
If the State concerned does not comply with the opinion within the period laid down by the Commission, the latter may bring the matter before the Court of Justice of the European Union.
Article 259
(ex Article 227 TEC)
A Member State which considers that another Member State has failed to fulfil an obligation under the Treaties may bring the matter before the Court of Justice of the European Union.
Before a Member State brings an action against another Member State for an alleged infringement of an obligation under the Treaties, it shall bring the matter before the Commission.
The Commission shall deliver a reasoned opinion after each of the States concerned has been given the opportunity to submit its own case and its observations on the other party's case both orally and in writing.
If the Commission has not delivered an opinion within three months of the date on which the matter was brought before it, the absence of such opinion shall not prevent the matter from being brought before the Court.
Article 260
(ex Article 228 TEC)
If the Court finds that the Member State concerned has not complied with its judgment it may impose a lump sum or penalty payment on it.
This procedure shall be without prejudice to Article 259.
If the Court finds that there is an infringement it may impose a lump sum or penalty payment on the Member State concerned not exceeding the amount specified by the Commission. The payment obligation shall take effect on the date set by the Court in its judgment.
Article 261
(ex Article 229 TEC)
Regulations adopted jointly by the European Parliament and the Council, and by the Council, pursuant to the provisions of the Treaties, may give the Court of Justice of the European Union unlimited jurisdiction with regard to the penalties provided for in such regulations.
Article 262
(ex Article 229a TEC)
Without prejudice to the other provisions of the Treaties, the Council, acting unanimously in accordance with a special legislative procedure and after consulting the European Parliament, may adopt provisions to confer jurisdiction, to the extent that it shall determine, on the Court of Justice of the European Union in disputes relating to the application of acts adopted on the basis of the Treaties which create European intellectual property rights. These provisions shall enter into force after their approval by the Member States in accordance with their respective constitutional requirements.
Article 263
(ex Article 230 TEC)
The Court of Justice of the European Union shall review the legality of legislative acts, of acts of the Council, of the Commission and of the European Central Bank, other than recommendations and opinions, and of acts of the European Parliament and of the European Council intended to produce legal effects vis-à-vis third parties. It shall also review the legality of acts of bodies, offices or agencies of the Union intended to produce legal effects vis-à-vis third parties.
It shall for this purpose have jurisdiction in actions brought by a Member State, the European Parliament, the Council or the Commission on grounds of lack of competence, infringement of an essential procedural requirement, infringement of the Treaties or of any rule of law relating to their application, or misuse of powers.
The Court shall have jurisdiction under the same conditions in actions brought by the Court of Auditors, by the European Central Bank and by the Committee of the Regions for the purpose of protecting their prerogatives.
Any natural or legal person may, under the conditions laid down in the first and second paragraphs, institute proceedings against an act addressed to that person or which is of direct and individual concern to them, and against a regulatory act which is of direct concern to them and does not entail implementing measures.
Acts setting up bodies, offices and agencies of the Union may lay down specific conditions and arrangements concerning actions brought by natural or legal persons against acts of these bodies, offices or agencies intended to produce legal effects in relation to them.
The proceedings provided for in this Article shall be instituted within two months of the publication of the measure, or of its notification to the plaintiff, or, in the absence thereof, of the day on which it came to the knowledge of the latter, as the case may be.
Article 264
(ex Article 231 TEC)
If the action is well founded, the Court of Justice of the European Union shall declare the act concerned to be void.
However, the Court shall, if it considers this necessary, state which of the effects of the act which it has declared void shall be considered as definitive.
Article 265
(ex Article 232 TEC)
Should the European Parliament, the European Council, the Council, the Commission or the European Central Bank, in infringement of the Treaties, fail to act, the Member States and the other institutions of the Union may bring an action before the Court of Justice of the European Union to have the infringement established. This Article shall apply, under the same conditions, to bodies, offices and agencies of the Union which fail to act.
The action shall be admissible only if the institution, body, office or agency concerned has first been called upon to act. If, within two months of being so called upon, the institution, body, office or agency concerned has not defined its position, the action may be brought within a further period of two months.
Any natural or legal person may, under the conditions laid down in the preceding paragraphs, complain to the Court that an institution, body, office or agency of the Union has failed to address to that person any act other than a recommendation or an opinion.
Article 266
(ex Article 233 TEC)
The institution, body, office or entity whose act has been declared void or whose failure to act has been declared contrary to the Treaties shall be required to take the necessary measures to comply with the judgment of the Court of Justice of the European Union.
This obligation shall not affect any obligation which may result from the application of the second paragraph of Article 340.
Article 267
(ex Article 234 TEC)
The Court of Justice of the European Union shall have jurisdiction to give preliminary rulings concerning:
the interpretation of the Treaties;
the validity and interpretation of acts of the institutions, bodies, offices or agencies of the Union;
Where such a question is raised before any court or tribunal of a Member State, that court or tribunal may, if it considers that a decision on the question is necessary to enable it to give judgment, request the Court to give a ruling thereon.
Where any such question is raised in a case pending before a court or tribunal of a Member State against whose decisions there is no judicial remedy under national law, that court or tribunal shall bring the matter before the Court.
If such a question is raised in a case pending before a court or tribunal of a Member State with regard to a person in custody, the Court of Justice of the European Union shall act with the minimum of delay.
Article 268
(ex Article 235 TEC)
The Court of Justice of the European Union shall have jurisdiction in disputes relating to compensation for damage provided for in the second and third paragraphs of Article 340.
Article 269
The Court of Justice shall have jurisdiction to decide on the legality of an act adopted by the European Council or by the Council pursuant to Article 7 of the Treaty on European Union solely at the request of the Member State concerned by a determination of the European Council or of the Council and in respect solely of the procedural stipulations contained in that Article.
Such a request must be made within one month from the date of such determination. The Court shall rule within one month from the date of the request.
Article 270
(ex Article 236 TEC)
The Court of Justice of the European Union shall have jurisdiction in any dispute between the Union and its servants within the limits and under the conditions laid down in the Staff Regulations of Officials and the Conditions of Employment of other servants of the Union.
Article 271
(ex Article 237 TEC)
The Court of Justice of the European Union shall, within the limits hereinafter laid down, have jurisdiction in disputes concerning:
the fulfilment by Member States of obligations under the Statute of the European Investment Bank. In this connection, the Board of Directors of the Bank shall enjoy the powers conferred upon the Commission by Article 258;
measures adopted by the Board of Governors of the European Investment Bank. In this connection, any Member State, the Commission or the Board of Directors of the Bank may institute proceedings under the conditions laid down in Article 263;
measures adopted by the Board of Directors of the European Investment Bank. Proceedings against such measures may be instituted only by Member States or by the Commission, under the conditions laid down in Article 263, and solely on the grounds of non-compliance with the procedure provided for in Article 19(2), (5), (6) and (7) of the Statute of the Bank;
the fulfilment by national central banks of obligations under the Treaties and the Statute of the ESCB and of the ECB. In this connection the powers of the Governing Council of the European Central Bank in respect of national central banks shall be the same as those conferred upon the Commission in respect of Member States by Article 258. If the Court finds that a national central bank has failed to fulfil an obligation under the Treaties, that bank shall be required to take the necessary measures to comply with the judgment of the Court.
Article 272
(ex Article 238 TEC)
The Court of Justice of the European Union shall have jurisdiction to give judgment pursuant to any arbitration clause contained in a contract concluded by or on behalf of the Union, whether that contract be governed by public or private law.
Article 273
(ex Article 239 TEC)
The Court of Justice shall have jurisdiction in any dispute between Member States which relates to the subject matter of the Treaties if the dispute is submitted to it under a special agreement between the parties.
Article 274
(ex Article 240 TEC)
Save where jurisdiction is conferred on the Court of Justice of the European Union by the Treaties, disputes to which the Union is a party shall not on that ground be excluded from the jurisdiction of the courts or tribunals of the Member States.
Article 275
The Court of Justice of the European Union shall not have jurisdiction with respect to the provisions relating to the common foreign and security policy nor with respect to acts adopted on the basis of those provisions.
However, the Court shall have jurisdiction to monitor compliance with Article 40 of the Treaty on European Union and to rule on proceedings, brought in accordance with the conditions laid down in the fourth paragraph of Article 263 of this Treaty, reviewing the legality of decisions providing for restrictive measures against natural or legal persons adopted by the Council on the basis of Chapter 2 of Title V of the Treaty on European Union.
Article 276
In exercising its powers regarding the provisions of Chapters 4 and 5 of Title V of Part Three relating to the area of freedom, security and justice, the Court of Justice of the European Union shall have no jurisdiction to review the validity or proportionality of operations carried out by the police or other law-enforcement services of a Member State or the exercise of the responsibilities incumbent upon Member States with regard to the maintenance of law and order and the safeguarding of internal security.
Article 277
(ex Article 241 TEC)
►C1 Notwithstanding the expiry of the period laid down in Article 263, sixth paragraph, any party may, ◄ in proceedings in which an act of general application adopted by an institution, body, office or agency of the Union is at issue, plead the grounds specified in Article 263, second paragraph, in order to invoke before the Court of Justice of the European Union the inapplicability of that act.
Article 278
(ex Article 242 TEC)
Actions brought before the Court of Justice of the European Union shall not have suspensory effect. The Court may, however, if it considers that circumstances so require, order that application of the contested act be suspended.
Article 279
(ex Article 243 TEC)
The Court of Justice of the European Union may in any cases before it prescribe any necessary interim measures.
Article 280
(ex Article 244 TEC)
The judgments of the Court of Justice of the European Union shall be enforceable under the conditions laid down in Article 299.
Article 281
(ex Article 245 TEC)
The Statute of the Court of Justice of the European Union shall be laid down in a separate Protocol.
The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may amend the provisions of the Statute, with the exception of Title I and Article 64. The European Parliament and the Council shall act either at the request of the Court of Justice and after consultation of the Commission, or on a proposal from the Commission and after consultation of the Court of Justice.
SECTION 6
THE EUROPEAN CENTRAL BANK
Article 282
Article 283
(ex Article 112 TEC)
The President, the Vice-President and the other members of the Executive Board shall be appointed by the European Council, acting by a qualified majority, from among persons of recognised standing and professional experience in monetary or banking matters, on a recommendation from the Council, after it has consulted the European Parliament and the Governing Council of the European Central Bank.
Their term of office shall be eight years and shall not be renewable.
Only nationals of Member States may be members of the Executive Board.
Article 284
(ex Article 113 TEC)
The President of the Council may submit a motion for deliberation to the Governing Council of the European Central Bank.
The President of the European Central Bank and the other members of the Executive Board may, at the request of the European Parliament or on their own initiative, be heard by the competent committees of the European Parliament.
SECTION 7
THE COURT OF AUDITORS
Article 285
(ex Article 246 TEC)
The Court of Auditors shall carry out the Union's audit.
It shall consist of one national of each Member State. Its Members shall be completely independent in the performance of their duties, in the Union's general interest.
Article 286
(ex Article 247 TEC)
They shall elect the President of the Court of Auditors from among their number for a term of three years. The President may be re-elected.
The vacancy thus caused shall be filled for the remainder of the Member's term of office.
Save in the case of compulsory retirement, Members of the Court of Auditors shall remain in office until they have been replaced.
Article 287
(ex Article 248 TEC)
The Court of Auditors shall provide the European Parliament and the Council with a statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions which shall be published in the Official Journal of the European Union. This statement may be supplemented by specific assessments for each major area of Union activity.
The audit of revenue shall be carried out on the basis both of the amounts established as due and the amounts actually paid to the Union.
The audit of expenditure shall be carried out on the basis both of commitments undertaken and payments made.
These audits may be carried out before the closure of accounts for the financial year in question.
The other institutions of the Union, any bodies, offices or agencies managing revenue or expenditure on behalf of the Union, any natural or legal person in receipt of payments from the budget, and the national audit bodies or, if these do not have the necessary powers, the competent national departments, shall forward to the Court of Auditors, at its request, any document or information necessary to carry out its task.
In respect of the European Investment Bank's activity in managing Union expenditure and revenue, the Court's rights of access to information held by the Bank shall be governed by an agreement between the Court, the Bank and the Commission. In the absence of an agreement, the Court shall nevertheless have access to information necessary for the audit of Union expenditure and revenue managed by the Bank.
The Court of Auditors may also, at any time, submit observations, particularly in the form of special reports, on specific questions and deliver opinions at the request of one of the other institutions of the Union.
It shall adopt its annual reports, special reports or opinions by a majority of its Members. However, it may establish internal chambers in order to adopt certain categories of reports or opinions under the conditions laid down by its Rules of Procedure.
It shall assist the European Parliament and the Council in exercising their powers of control over the implementation of the budget.
The Court of Auditors shall draw up its Rules of Procedure. Those rules shall require the approval of the Council.
CHAPTER 2
LEGAL ACTS OF THE UNION, ADOPTION PROCEDURES AND OTHER PROVISIONS
SECTION 1
THE LEGAL ACTS OF THE UNION
Article 288
(ex Article 249 TEC)
To exercise the Union's competences, the institutions shall adopt regulations, directives, decisions, recommendations and opinions.
A regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States.
A directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods.
A decision shall be binding in its entirety. A decision which specifies those to whom it is addressed shall be binding only on them.
Recommendations and opinions shall have no binding force.
Article 289
Article 290
The objectives, content, scope and duration of the delegation of power shall be explicitly defined in the legislative acts. The essential elements of an area shall be reserved for the legislative act and accordingly shall not be the subject of a delegation of power.
Legislative acts shall explicitly lay down the conditions to which the delegation is subject; these conditions may be as follows:
the European Parliament or the Council may decide to revoke the delegation;
the delegated act may enter into force only if no objection has been expressed by the European Parliament or the Council within a period set by the legislative act.
For the purposes of (a) and (b), the European Parliament shall act by a majority of its component members, and the Council by a qualified majority.
Article 291
Article 292
The Council shall adopt recommendations. It shall act on a proposal from the Commission in all cases where the Treaties provide that it shall adopt acts on a proposal from the Commission. It shall act unanimously in those areas in which unanimity is required for the adoption of a Union act. The Commission, and the European Central Bank in the specific cases provided for in the Treaties, shall adopt recommendations.
SECTION 2
PROCEDURES FOR THE ADOPTION OF ACTS AND OTHER PROVISIONS
Article 293
(ex Article 250 TEC)
Article 294
(ex Article 251 TEC)
First reading
Second reading
If, within three months of such communication, the European Parliament:
approves the Council's position at first reading or has not taken a decision, the act concerned shall be deemed to have been adopted in the wording which corresponds to the position of the Council;
rejects, by a majority of its component members, the Council's position at first reading, the proposed act shall be deemed not to have been adopted;
proposes, by a majority of its component members, amendments to the Council's position at first reading, the text thus amended shall be forwarded to the Council and to the Commission, which shall deliver an opinion on those amendments.
If, within three months of receiving the European Parliament's amendments, the Council, acting by a qualified majority:
approves all those amendments, the act in question shall be deemed to have been adopted;
does not approve all the amendments, the President of the Council, in agreement with the President of the European Parliament, shall within six weeks convene a meeting of the Conciliation Committee.
Conciliation
Third reading
Special provisions
In such cases, the European Parliament and the Council shall communicate the proposed act to the Commission with their positions at first and second readings. The European Parliament or the Council may request the opinion of the Commission throughout the procedure, which the Commission may also deliver on its own initiative. It may also, if it deems it necessary, take part in the Conciliation Committee in accordance with paragraph 11.
Article 295
The European Parliament, the Council and the Commission shall consult each other and by common agreement make arrangements for their cooperation. To that end, they may, in compliance with the Treaties, conclude interinstitutional agreements which may be of a binding nature.
Article 296
(ex Article 253 TEC)
Where the Treaties do not specify the type of act to be adopted, the institutions shall select it on a case-by-case basis, in compliance with the applicable procedures and with the principle of proportionality.
Legal acts shall state the reasons on which they are based and shall refer to any proposals, initiatives, recommendations, requests or opinions required by the Treaties.
When considering draft legislative acts, the European Parliament and the Council shall refrain from adopting acts not provided for by the relevant legislative procedure in the area in question.
Article 297
(ex Article 254 TEC)
Legislative acts adopted under a special legislative procedure shall be signed by the President of the institution which adopted them.
Legislative acts shall be published in the Official Journal of the European Union. They shall enter into force on the date specified in them or, in the absence thereof, on the twentieth day following that of their publication.
Regulations and directives which are addressed to all Member States, as well as decisions which do not specify to whom they are addressed, shall be published in the Official Journal of the European Union. They shall enter into force on the date specified in them or, in the absence thereof, on the twentieth day following that of their publication.
Other directives, and decisions which specify to whom they are addressed, shall be notified to those to whom they are addressed and shall take effect upon such notification.
Article 298
Article 299
(ex Article 256 TEC)
Acts of the Council, the Commission or the European Central Bank which impose a pecuniary obligation on persons other than States, shall be enforceable.
Enforcement shall be governed by the rules of civil procedure in force in the State in the territory of which it is carried out. The order for its enforcement shall be appended to the decision, without other formality than verification of the authenticity of the decision, by the national authority which the government of each Member State shall designate for this purpose and shall make known to the Commission and to the Court of Justice of the European Union.
When these formalities have been completed on application by the party concerned, the latter may proceed to enforcement in accordance with the national law, by bringing the matter directly before the competent authority.
Enforcement may be suspended only by a decision of the Court. However, the courts of the country concerned shall have jurisdiction over complaints that enforcement is being carried out in an irregular manner.
CHAPTER 3
THE UNION'S ADVISORY BODIES
Article 300
SECTION 1
THE ECONOMIC AND SOCIAL COMMITTEE
Article 301
(ex Article 258 TEC)
The number of members of the Economic and Social Committee shall not exceed 350.
The Council, acting unanimously on a proposal from the Commission, shall adopt a decision determining the Committee's composition.
The Council shall determine the allowances of members of the Committee.
Article 302
(ex Article 259 TEC)
Article 303
(ex Article 260 TEC)
The Committee shall elect its chairman and officers from among its members for a term of two and a half years.
It shall adopt its Rules of Procedure.
The Committee shall be convened by its chairman at the request of the European Parliament, the Council or of the Commission. It may also meet on its own initiative.
Article 304
(ex Article 262 TEC)
The Committee shall be consulted by the European Parliament, by the Council or by the Commission where the Treaties so provide. The Committee may be consulted by these institutions in all cases in which they consider it appropriate. It may issue an opinion on its own initiative in cases in which it considers such action appropriate.
The European Parliament, the Council or the Commission shall, if it considers it necessary, set the Committee, for the submission of its opinion, a time limit which may not be less than one month from the date on which the chairman receives notification to this effect. Upon expiry of the time limit, the absence of an opinion shall not prevent further action.
The opinion of the Committee, together with a record of the proceedings, shall be forwarded to the European Parliament, to the Council and to the Commission.
SECTION 2
THE COMMITTEE OF THE REGIONS
Article 305
(ex Article 263, second, third and fourth paragraphs, TEC)
The number of members of the Committee of the Regions shall not exceed 350.
The Council, acting unanimously on a proposal from the Commission, shall adopt a decision determining the Committee's composition.
The members of the Committee and an equal number of alternate members shall be appointed for five years. Their term of office shall be renewable. The Council shall adopt the list of members and alternate members drawn up in accordance with the proposals made by each Member State. When the mandate referred to in Article 300(3) on the basis of which they were proposed comes to an end, the term of office of members of the Committee shall terminate automatically and they shall then be replaced for the remainder of the said term of office in accordance with the same procedure. No member of the Committee shall at the same time be a Member of the European Parliament.
Article 306
(ex Article 264 TEC)
The Committee of the Regions shall elect its chairman and officers from among its members for a term of two and a half years.
It shall adopt its Rules of Procedure.
The Committee shall be convened by its chairman at the request of the European Parliament, the Council or of the Commission. It may also meet on its own initiative.
Article 307
(ex Article 265 TEC)
The Committee of the Regions shall be consulted by the European Parliament, by the Council or by the Commission where the Treaties so provide and in all other cases, in particular those which concern cross-border cooperation, in which one of these institutions considers it appropriate.
The European Parliament, the Council or the Commission shall, if it considers it necessary, set the Committee, for the submission of its opinion, a time limit which may not be less than one month from the date on which the chairman receives notification to this effect. Upon expiry of the time limit, the absence of an opinion shall not prevent further action.
Where the Economic and Social Committee is consulted pursuant to Article 304, the Committee of the Regions shall be informed by the European Parliament, the Council or the Commission of the request for an opinion. Where it considers that specific regional interests are involved, the Committee of the Regions may issue an opinion on the matter.
It may issue an opinion on its own initiative in cases in which it considers such action appropriate.
The opinion of the Committee, together with a record of the proceedings, shall be forwarded to the European Parliament, to the Council and to the Commission.
CHAPTER 4
THE EUROPEAN INVESTMENT BANK
Article 308
(ex Article 266 TEC)
The European Investment Bank shall have legal personality.
The members of the European Investment Bank shall be the Member States.
The Statute of the European Investment Bank is laid down in a Protocol annexed to the Treaties. The Council acting unanimously in accordance with a special legislative procedure, at the request of the European Investment Bank and after consulting the European Parliament and the Commission, or on a proposal from the Commission and after consulting the European Parliament and the European Investment Bank, may amend the Statute of the Bank.
Article 309
(ex Article 267 TEC)
The task of the European Investment Bank shall be to contribute, by having recourse to the capital market and utilising its own resources, to the balanced and steady development of the internal market in the interest of the Union. For this purpose the Bank shall, operating on a non-profit-making basis, grant loans and give guarantees which facilitate the financing of the following projects in all sectors of the economy:
projects for developing less-developed regions;
projects for modernising or converting undertakings or for developing fresh activities called for by the establishment or functioning of the internal market, where these projects are of such a size or nature that they cannot be entirely financed by the various means available in the individual Member States;
projects of common interest to several Member States which are of such a size or nature that they cannot be entirely financed by the various means available in the individual Member States.
In carrying out its task, the Bank shall facilitate the financing of investment programmes in conjunction with assistance from the Structural Funds and other Union Financial Instruments.
TITLE II
FINANCIAL PROVISIONS
Article 310
(ex Article 268 TEC)
The Union's annual budget shall be established by the European Parliament and the Council in accordance with Article 314.
The revenue and expenditure shown in the budget shall be in balance.
CHAPTER 1
THE UNION'S OWN RESOURCES
Article 311
(ex Article 269 TEC)
The Union shall provide itself with the means necessary to attain its objectives and carry through its policies.
Without prejudice to other revenue, the budget shall be financed wholly from own resources.
The Council, acting in accordance with a special legislative procedure, shall unanimously and after consulting the European Parliament adopt a decision laying down the provisions relating to the system of own resources of the Union. In this context it may establish new categories of own resources or abolish an existing category. That decision shall not enter into force until it is approved by the Member States in accordance with their respective constitutional requirements.
The Council, acting by means of regulations in accordance with a special legislative procedure, shall lay down implementing measures for the Union's own resources system in so far as this is provided for in the decision adopted on the basis of the third paragraph. The Council shall act after obtaining the consent of the European Parliament.
CHAPTER 2
THE MULTIANNUAL FINANCIAL FRAMEWORK
Article 312
It shall be established for a period of at least five years.
The annual budget of the Union shall comply with the multiannual financial framework.
The European Council may, unanimously, adopt a decision authorising the Council to act by a qualified majority when adopting the regulation referred to in the first subparagraph.
The financial framework shall lay down any other provisions required for the annual budgetary procedure to run smoothly.
CHAPTER 3
THE UNION'S ANNUAL BUDGET
Article 313
(ex Article 272(1), TEC)
The financial year shall run from 1 January to 31 December.
Article 314
(ex Article 272(2) to (10), TEC)
The European Parliament and the Council, acting in accordance with a special legislative procedure, shall establish the Union's annual budget in accordance with the following provisions.
With the exception of the European Central Bank, each institution shall, before 1 July, draw up estimates of its expenditure for the following financial year. The Commission shall consolidate these estimates in a draft budget. which may contain different estimates.
The draft budget shall contain an estimate of revenue and an estimate of expenditure.
The Commission shall submit a proposal containing the draft budget to the European Parliament and to the Council not later than 1 September of the year preceding that in which the budget is to be implemented.
The Commission may amend the draft budget during the procedure until such time as the Conciliation Committee, referred to in paragraph 5, is convened.
The Council shall adopt its position on the draft budget and forward it to the European Parliament not later than 1 October of the year preceding that in which the budget is to be implemented. The Council shall inform the European Parliament in full of the reasons which led it to adopt its position.
If, within forty-two days of such communication, the European Parliament:
approves the position of the Council, the budget shall be adopted;
has not taken a decision, the budget shall be deemed to have been adopted;
adopts amendments by a majority of its component members, the amended draft shall be forwarded to the Council and to the Commission. The President of the European Parliament, in agreement with the President of the Council, shall immediately convene a meeting of the Conciliation Committee. However, if within ten days of the draft being forwarded the Council informs the European Parliament that it has approved all its amendments, the Conciliation Committee shall not meet.
The Conciliation Committee, which shall be composed of the members of the Council or their representatives and an equal number of members representing the European Parliament, shall have the task of reaching agreement on a joint text, by a qualified majority of the members of the Council or their representatives and by a majority of the representatives of the European Parliament within twenty-one days of its being convened, on the basis of the positions of the European Parliament and the Council.
The Commission shall take part in the Conciliation Committee's proceedings and shall take all the necessary initiatives with a view to reconciling the positions of the European Parliament and the Council.
If, within the twenty-one days referred to in paragraph 5, the Conciliation Committee agrees on a joint text, the European Parliament and the Council shall each have a period of fourteen days from the date of that agreement in which to approve the joint text.
If, within the period of fourteen days referred to in paragraph 6:
the European Parliament and the Council both approve the joint text or fail to take a decision, or if one of these institutions approves the joint text while the other one fails to take a decision, the budget shall be deemed to be definitively adopted in accordance with the joint text; or
the European Parliament, acting by a majority of its component members, and the Council both reject the joint text, or if one of these institutions rejects the joint text while the other one fails to take a decision, a new draft budget shall be submitted by the Commission; or
the European Parliament, acting by a majority of its component members, rejects the joint text while the Council approves it, a new draft budget shall be submitted by the Commission; or
the European Parliament approves the joint text whilst the Council rejects it, the European Parliament may, within fourteen days from the date of the rejection by the Council and acting by a majority of its component members and three-fifths of the votes cast, decide to confirm all or some of the amendments referred to in paragraph 4(c). Where a European Parliament amendment is not confirmed, the position agreed in the Conciliation Committee on the budget heading which is the subject of the amendment shall be retained. The budget shall be deemed to be definitively adopted on this basis.
If, within the twenty-one days referred to in paragraph 5, the Conciliation Committee does not agree on a joint text, a new draft budget shall be submitted by the Commission.
When the procedure provided for in this Article has been completed, the President of the European Parliament shall declare that the budget has been definitively adopted.
Each institution shall exercise the powers conferred upon it under this Article in compliance with the Treaties and the acts adopted thereunder, with particular regard to the Union's own resources and the balance between revenue and expenditure.
Article 315
(ex Article 273 TEC)
If, at the beginning of a financial year, the budget has not yet been definitively adopted, a sum equivalent to not more than one twelfth of the budget appropriations for the preceding financial year may be spent each month in respect of any chapter of the budget in accordance with the provisions of the Regulations made pursuant to Article 322; that sum shall not, however, exceed one twelfth of the appropriations provided for in the same chapter of the draft budget.
The Council on a proposal by the Commission, may, provided that the other conditions laid down in the first paragraph are observed, authorise expenditure in excess of one twelfth in accordance with the regulations made pursuant to Article 322. The Council shall forward the decision immediately to the European Parliament.
The decision referred to in the second paragraph shall lay down the necessary measures relating to resources to ensure application of this Article, in accordance with the acts referred to in Article 311.
It shall enter into force thirty days following its adoption if the European Parliament, acting by a majority of its component Members, has not decided to reduce this expenditure within that time-limit.
Article 316
(ex Article 271 TEC)
In accordance with conditions to be laid down pursuant to Article 322, any appropriations, other than those relating to staff expenditure, that are unexpended at the end of the financial year may be carried forward to the next financial year only.
Appropriations shall be classified under different chapters grouping items of expenditure according to their nature or purpose and subdivided in accordance with the regulations made pursuant to Article 322.
The expenditure of the European Parliament, the European Council and the Council, the Commission and the Court of Justice of the European Union shall be set out in separate parts of the budget, without prejudice to special arrangements for certain common items of expenditure.
CHAPTER 4
IMPLEMENTATION OF THE BUDGET AND DISCHARGE
Article 317
(ex Article 274 TEC)
The Commission shall implement the budget in cooperation with the Member States, in accordance with the provisions of the regulations made pursuant to Article 322, on its own responsibility and within the limits of the appropriations, having regard to the principles of sound financial management. Member States shall cooperate with the Commission to ensure that the appropriations are used in accordance with the principles of sound financial management.
The regulations shall lay down the control and audit obligations of the Member States in the implementation of the budget and the resulting responsibilities. They shall also lay down the responsibilities and detailed rules for each institution concerning its part in effecting its own expenditure.
Within the budget, the Commission may, subject to the limits and conditions laid down in the regulations made pursuant to Article 322, transfer appropriations from one chapter to another or from one subdivision to another.
Article 318
(ex Article 275 TEC)
The Commission shall submit annually to the European Parliament and to the Council the accounts of the preceding financial year relating to the implementation of the budget. The Commission shall also forward to them a financial statement of the assets and liabilities of the Union.
The Commission shall also submit to the European Parliament and to the Council an evaluation report on the Union's finances based on the results achieved, in particular in relation to the indications given by the European Parliament and the Council pursuant to Article 319.
Article 319
(ex Article 276 TEC)
At the request of the European Parliament or the Council, the Commission shall report on the measures taken in the light of these observations and comments and in particular on the instructions given to the departments which are responsible for the implementation of the budget. These reports shall also be forwarded to the Court of Auditors.
CHAPTER 5
COMMON PROVISIONS
Article 320
(ex Article 277 TEC)
The multiannual financial framework and the annual budget shall be drawn up in euro.
Article 321
(ex Article 278 TEC)
The Commission may, provided it notifies the competent authorities of the Member States concerned, transfer into the currency of one of the Member States its holdings in the currency of another Member State, to the extent necessary to enable them to be used for purposes which come within the scope of the Treaties. The Commission shall as far as possible avoid making such transfers if it possesses cash or liquid assets in the currencies which it needs.
The Commission shall deal with each Member State through the authority designated by the State concerned. In carrying out financial operations the Commission shall employ the services of the bank of issue of the Member State concerned or of any other financial institution approved by that State.
Article 322
(ex Article 279 TEC)
The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, and after consulting the Court of Auditors, shall adopt by means of regulations:
the financial rules which determine in particular the procedure to be adopted for establishing and implementing the budget and for presenting and auditing accounts;
rules providing for checks on the responsibility of financial actors, in particular authorising officers and accounting officers.
Article 323
The European Parliament, the Council and the Commission shall ensure that the financial means are made available to allow the Union to fulfil its legal obligations in respect of third parties.
Article 324
Regular meetings between the Presidents of the European Parliament, the Council and the Commission shall be convened, ►C1 on the initiative of the Commission, under the budgetary procedures referred to in this Title. ◄ The Presidents shall take all the necessary steps to promote consultation and the reconciliation of the positions of the institutions over which they preside in order to facilitate the implementation of this Title.
CHAPTER 6
COMBATTING FRAUD
Article 325
(ex Article 280 TEC)
TITLE III
ENHANCED COOPERATION
Article 326
(ex Articles 27a to 27e, 40 to 40b and 43 to 45 TEU and ex Articles 11 and 11a TEC)
Any enhanced cooperation shall comply with the Treaties and Union law.
Such cooperation shall not undermine the internal market or economic, social and territorial cohesion. It shall not constitute a barrier to or discrimination in trade between Member States, nor shall it distort competition between them.
Article 327
(ex Articles 27a to 27e, 40 to 40b and 43 to 45 TEU and ex Articles 11 and 11a TEC)
Any enhanced cooperation shall respect the competences, rights and obligations of those Member States which do not participate in it. Those Member States shall not impede its implementation by the participating Member States.
Article 328
(ex Articles 27a to 27e, 40 to 40b and 43 to 45 TEU and ex Articles 11 and 11a TEC)
The Commission and the Member States participating in enhanced cooperation shall ensure that they promote participation by as many Member States as possible.
Article 329
(ex Articles 27a to 27e, 40 to 40b and 43 to 45 TEU and ex Articles 11 and 11a TEC)
Authorisation to proceed with the enhanced cooperation referred to in the first subparagraph shall be granted by the Council, on a proposal from the Commission and after obtaining the consent of the European Parliament.
Authorisation to proceed with enhanced cooperation shall be granted by a decision of the Council acting unanimously.
Article 330
(ex Articles 27a to 27e, 40 to 40b and 43 to 45 TEU and ex Articles 11 and 11a TEC)
All members of the Council may participate in its deliberations, but only members of the Council representing the Member States participating in enhanced cooperation shall take part in the vote.
Unanimity shall be constituted by the votes of the representatives of the participating Member States only.
A qualified majority shall be defined in accordance with Article 238(3).
Article 331
(ex Articles 27a to 27e, 40 to 40b and 43 to 45 TEU and ex Articles 11 and 11a TEC)
The Commission shall, within four months of the date of receipt of the notification, confirm the participation of the Member State concerned. It shall note where necessary that the conditions of participation have been fulfilled and shall adopt any transitional measures necessary with regard to the application of the acts already adopted within the framework of enhanced cooperation.
However, if the Commission considers that the conditions of participation have not been fulfilled, it shall indicate the arrangements to be adopted to fulfil those conditions and shall set a deadline for re-examining the request. On the expiry of that deadline, it shall re-examine the request, in accordance with the procedure set out in the second subparagraph. If the Commission considers that the conditions of participation have still not been met, the Member State concerned may refer the matter to the Council, which shall decide on the request. The Council shall act in accordance with Article 330. It may also adopt the transitional measures referred to in the second subparagraph on a proposal from the Commission.
The Council shall confirm the participation of the Member State concerned, after consulting the High Representative of the Union for Foreign Affairs and Security Policy and after noting, where necessary, that the conditions of participation have been fulfilled. The Council, on a proposal from the High Representative, may also adopt any transitional measures necessary with regard to the application of the acts already adopted within the framework of enhanced cooperation. However, if the Council considers that the conditions of participation have not been fulfilled, it shall indicate the arrangements to be adopted to fulfil those conditions and shall set a deadline for re-examining the request for participation.
For the purposes of this paragraph, the Council shall act unanimously and in accordance with Article 330.
Article 332
(ex Articles 27a to 27e, 40 to 40b and 43 to 45 TEU and ex Articles 11 and 11a TEC)
Expenditure resulting from implementation of enhanced cooperation, other than administrative costs entailed for the institutions, shall be borne by the participating Member States, unless all members of the Council, acting unanimously after consulting the European Parliament, decide otherwise.
Article 333
(ex Articles 27a to 27e, 40 to 40b and 43 to 45 TEU and ex Articles 11 and 11a TEC)
Article 334
(ex Articles 27a to 27e, 40 to 40b and 43 to 45 TEU and ex Articles 11 and 11a TEC)
The Council and the Commission shall ensure the consistency of activities undertaken in the context of enhanced cooperation and the consistency of such activities with the policies of the Union, and shall cooperate to that end.
PART SEVEN
GENERAL AND FINAL PROVISIONS
Article 335
(ex Article 282 TEC)
In each of the Member States, the Union shall enjoy the most extensive legal capacity accorded to legal persons under their laws; it may, in particular, acquire or dispose of movable and immovable property and may be a party to legal proceedings. To this end, the Union shall be represented by the Commission. However, the Union shall be represented by each of the institutions, by virtue of their administrative autonomy, in matters relating to their respective operation.
Article 336
(ex Article 283 TEC)
The European Parliament and the Council shall, ►C2 acting by means of regulations in accordance with the ordinary legislative procedure and after ◄ consulting the other institutions concerned, lay down the Staff Regulations of Officials of the European Union and the Conditions of Employment of other servants of the Union.
Article 337
(ex Article 284 TEC)
The Commission may, within the limits and under conditions laid down by the Council acting by a simple majority in accordance with the provisions of the Treaties, collect any information and carry out any checks required for the performance of the tasks entrusted to it.
Article 338
(ex Article 285 TEC)
Article 339
(ex Article 287 TEC)
The members of the institutions of the Union, the members of committees, and the officials and other servants of the Union shall be required, even after their duties have ceased, not to disclose information of the kind covered by the obligation of professional secrecy, in particular information about undertakings, their business relations or their cost components.
Article 340
(ex Article 288 TEC)
The contractual liability of the Union shall be governed by the law applicable to the contract in question.
In the case of non-contractual liability, the Union shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its institutions or by its servants in the performance of their duties.
Notwithstanding the second paragraph, the European Central Bank shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by it or by its servants in the performance of their duties.
The personal liability of its servants towards the Union shall be governed by the provisions laid down in their Staff Regulations or in the Conditions of Employment applicable to them.
Article 341
(ex Article 289 TEC)
The seat of the institutions of the Union shall be determined by common accord of the governments of the Member States.
Article 342
(ex Article 290 TEC)
The rules governing the languages of the institutions of the Union shall, without prejudice to the provisions contained in the Statute of the Court of Justice of the European Union, be determined by the Council, acting unanimously by means of regulations.
Article 343
(ex Article 291 TEC)
The Union shall enjoy in the territories of the Member States such privileges and immunities as are necessary for the performance of its tasks, under the conditions laid down in the Protocol of 8 April 1965 on the privileges and immunities of the European Union. The same shall apply to the European Central Bank and the European Investment Bank.
Article 344
(ex Article 292 TEC)
Member States undertake not to submit a dispute concerning the interpretation or application of the Treaties to any method of settlement other than those provided for therein.
Article 345
(ex Article 295 TEC)
The Treaties shall in no way prejudice the rules in Member States governing the system of property ownership.
Article 346
(ex Article 296 TEC)
The provisions of the Treaties shall not preclude the application of the following rules:
no Member State shall be obliged to supply information the disclosure of which it considers contrary to the essential interests of its security;
any Member State may take such measures as it considers necessary for the protection of the essential interests of its security which are connected with the production of or trade in arms, munitions and war material; such measures shall not adversely affect the conditions of competition in the internal market regarding products which are not intended for specifically military purposes.
Article 347
(ex Article 297 TEC)
Member States shall consult each other with a view to taking together the steps needed to prevent the functioning of the internal market being affected by measures which a Member State may be called upon to take in the event of serious internal disturbances affecting the maintenance of law and order, in the event of war, serious international tension constituting a threat of war, or in order to carry out obligations it has accepted for the purpose of maintaining peace and international security.
Article 348
(ex Article 298 TEC)
If measures taken in the circumstances referred to in Articles 346 and 347 have the effect of distorting the conditions of competition in the internal market, the Commission shall, together with the State concerned, examine how these measures can be adjusted to the rules laid down in the Treaties.
By way of derogation from the procedure laid down in Articles 258 and 259, 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 Articles 346 and 347. The Court of Justice shall give its ruling in camera.
Article 349
(ex Article 299(2), second, third and fourth subparagraphs, TEC)
Taking account of the structural social and economic situation of Guadeloupe, French Guiana, Martinique, ►M4 Mayotte, ◄ Réunion, ►M2 ————— ◄ Saint-Martin, the Azores, Madeira and the Canary Islands, which is compounded by their remoteness, insularity, small size, difficult topography and climate, economic dependence on a few products, the permanence and combination of which severely restrain their development, the Council, on a proposal from the Commission and after consulting the European Parliament, shall adopt specific measures aimed, in particular, at laying down the conditions of application of the Treaties to those regions, including common policies. Where the specific measures in question are adopted by the Council in accordance with a special legislative procedure, it shall also act on a proposal from the Commission and after consulting the European Parliament.
The measures referred to in the first paragraph concern in particular areas such as customs and trade policies, fiscal policy, free zones, agriculture and fisheries policies, conditions for supply of raw materials and essential consumer goods, State aids and conditions of access to structural funds and to horizontal Union programmes.
The Council shall adopt the measures referred to in the first paragraph taking into account the special characteristics and constraints of the outermost regions without undermining the integrity and the coherence of the Union legal order, including the internal market and common policies.
Article 350
(ex Article 306 TEC)
The provisions of the Treaties shall not preclude the existence or completion of regional unions between Belgium and Luxembourg, or between Belgium, Luxembourg and the Netherlands, to the extent that the objectives of these regional unions are not attained by application of the Treaties.
Article 351
(ex Article 307 TEC)
The rights and obligations arising from agreements concluded before 1 January 1958 or, for acceding States, before the date of their accession, between one or more Member States on the one hand, and one or more third countries on the other, shall not be affected by the provisions of the Treaties.
To the extent that such agreements are not compatible with the Treaties, the Member State or States concerned shall take all appropriate steps to eliminate the incompatibilities established. Member States shall, where necessary, assist each other to this end and shall, where appropriate, adopt a common attitude.
In applying the agreements referred to in the first paragraph, Member States shall take into account the fact that the advantages accorded under the Treaties by each Member State form an integral part of the establishment of the Union and are thereby inseparably linked with the creation of common institutions, the conferring of powers upon them and the granting of the same advantages by all the other Member States.
Article 352
(ex Article 308 TEC)
Article 353
Article 48(7) of the Treaty on European Union shall not apply to the following Articles:
Article 354
(ex Article 309 TEC)
For the purposes of Article 7 of the Treaty on European Union on the suspension of certain rights resulting from Union membership, the member of the European Council or of the Council representing the Member State in question shall not take part in the vote and the Member State in question shall not be counted in the calculation of the one third or four fifths of Member States referred to in paragraphs 1 and 2 of that Article. Abstentions by members present in person or represented shall not prevent the adoption of decisions referred to in paragraph 2 of that Article.
For the adoption of the decisions referred to in paragraphs 3 and 4 of Article 7 of the Treaty on European Union, a qualified majority shall be defined in accordance with Article 238(3)(b) of this Treaty.
Where, following a decision to suspend voting rights adopted pursuant to paragraph 3 of Article 7 of the Treaty on European Union, the Council acts by a qualified majority on the basis of a provision of the Treaties, that qualified majority shall be defined in accordance with Article 238(3)(b) of this Treaty, or, where the Council acts on a proposal from the Commission or from the High Representative of the Union for Foreign Affairs and Security Policy, in accordance with Article 238(3)(a).
For the purposes of Article 7 of the Treaty on European Union, the European Parliament shall act by a two-thirds majority of the votes cast, representing the majority of its component Members.
Article 355
(ex Article 299(2), first subparagraph, and Article 299(3) to (6) TEC)
In addition to the provisions of Article 52 of the Treaty on European Union relating to the territorial scope of the Treaties, the following provisions shall apply:
The special arrangements for association set out in Part Four shall apply to the overseas countries and territories listed in Annex II.
The Treaties shall not apply to those overseas countries and territories having special relations with the United Kingdom of Great Britain and Northern Ireland which are not included in the aforementioned list.
The provisions of the Treaties shall apply to the European territories for whose external relations a Member State is responsible.
The provisions of the Treaties shall apply to the Åland Islands in accordance with the provisions set out in Protocol 2 to the Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden.
Notwithstanding Article 52 of the Treaty on European Union and paragraphs 1 to 4 of this Article:
the Treaties shall not apply to the Faeroe Islands;
the Treaties shall not apply to the United Kingdom Sovereign Base Areas of Akrotiri and Dhekelia in Cyprus except to the extent necessary to ensure the implementation of the arrangements set out in the Protocol on the Sovereign Base Areas of the United Kingdom of Great Britain and Northern Ireland in Cyprus annexed to the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union and in accordance with the terms of that Protocol;
the Treaties shall apply to the Channel Islands and the Isle of Man only to the extent necessary to ensure the implementation of the arrangements for those islands set out in the Treaty concerning the accession of new Member States to the European Economic Community and to the European Atomic Energy Community signed on 22 January 1972.
The European Council may, on the initiative of the Member State concerned, adopt a decision amending the status, with regard to the Union, of a Danish, French or Netherlands country or territory referred to in paragraphs 1 and 2. The European Council shall act unanimously after consulting the Commission.
Article 356
(ex Article 312 TEC)
This Treaty is concluded for an unlimited period.
Article 357
(ex Article 313 TEC)
This Treaty shall be ratified by the High Contracting Parties in accordance with their respective constitutional requirements. The Instruments of ratification shall be deposited with the Government of the Italian Republic.
This Treaty shall enter into force on the first day of the month following the deposit of the Instrument of ratification by the last signatory State to take this step. If, however, such deposit is made less than 15 days before the beginning of the following month, this Treaty shall not enter into force until the first day of the second month after the date of such deposit.
Article 358
The provisions of Article 55 of the Treaty on European Union shall apply to this Treaty.
IN WITNESS WHEREOF the undersigned Plenipotentiaries have signed this Treaty.
Done at Rome this twenty-fifth day of March in the year one thousand nine hundred and fifty-seven.
(List of signatories not reproduced)
PROTOCOLS
PROTOCOL (No 1)
ON THE ROLE OF NATIONAL PARLIAMENTS IN THE EUROPEAN UNION
THE HIGH CONTRACTING PARTIES,
RECALLING that the way in which national Parliaments scrutinise their governments in relation to the activities of the Union is a matter for the particular constitutional organisation and practice of each Member State,
DESIRING to encourage greater involvement of national Parliaments in the activities of the European Union and to enhance their ability to express their views on draft legislative acts of the Union as well as on other matters which may be of particular interest to them,
HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community:
TITLE I
INFORMATION FOR NATIONAL PARLIAMENTS
Article 1
Commission consultation documents (green and white papers and communications) shall be forwarded directly by the Commission to national Parliaments upon publication. The Commission shall also forward the annual legislative programme as well as any other instrument of legislative planning or policy to national Parliaments, at the same time as to the European Parliament and the Council.
Article 2
Draft legislative acts sent to the European Parliament and to the Council shall be forwarded to national Parliaments.
For the purposes of this Protocol, "draft legislative acts" shall mean proposals from the Commission, initiatives from a group of Member States, initiatives from the European Parliament, requests from the Court of Justice, recommendations from the European Central Bank ►C2 and requests from the European Investment Bank, for the adoption of a legislative act. ◄
Draft legislative acts originating from the Commission shall be forwarded to national Parliaments directly by the Commission, at the same time as to the European Parliament and the Council.
Draft legislative acts originating from the European Parliament shall be forwarded to national Parliaments directly by the European Parliament.
Draft legislative acts originating from a group of Member States, the Court of Justice, the European Central Bank or the European Investment Bank shall be forwarded to national Parliaments by the Council.
Article 3
National Parliaments may send to the Presidents of the European Parliament, the Council and the Commission a reasoned opinion on whether a draft legislative act complies with the principle of subsidiarity, in accordance with the procedure laid down in the Protocol on the application of the principles of subsidiarity and proportionality.
If the draft legislative act originates from a group of Member States, the President of the Council shall forward the reasoned opinion or opinions to the governments of those Member States.
If the draft legislative act originates from the Court of Justice, the European Central Bank or the European Investment Bank, the President of the Council shall forward the reasoned opinion or opinions to the institution or body concerned.
Article 4
An eight-week period shall elapse between a draft legislative act being made available to national Parliaments in the official languages of the Union and the date when it is placed on a provisional agenda for the Council for its adoption or for adoption of a position under a legislative procedure. Exceptions shall be possible in cases of urgency, the reasons for which shall be stated in the act or position of the Council. Save in urgent cases for which due reasons have been given, no agreement may be reached on a draft legislative act during those eight weeks. Save in urgent cases for which due reasons have been given, a ten-day period shall elapse between the placing of a draft legislative act on the provisional agenda for the Council and the adoption of a position.
Article 5
The agendas for and the outcome of meetings of the Council, including the minutes of meetings where the Council is deliberating on draft legislative acts, shall be forwarded directly to national Parliaments, at the same time as to Member States' governments.
Article 6
When the European Council intends to make use of the first or second subparagraphs of Article 48(7) of the Treaty on European Union, national Parliaments shall be informed of the initiative of the European Council at least six months before any decision is adopted.
Article 7
The Court of Auditors shall forward its annual report to national Parliaments, for information, at the same time as to the European Parliament and to the Council.
Article 8
Where the national Parliamentary system is not unicameral, Articles 1 to 7 shall apply to the component chambers.
TITLE II
INTERPARLIAMENTARY COOPERATION
Article 9
The European Parliament and national Parliaments shall together determine the organisation and promotion of effective and regular interparliamentary cooperation within the Union.
Article 10
A conference of Parliamentary Committees for Union Affairs may submit any contribution it deems appropriate for the attention of the European Parliament, the Council and the Commission. That conference shall in addition promote the exchange of information and best practice between national Parliaments and the European Parliament, including their special committees. It may also organise interparliamentary conferences on specific topics, in particular to debate matters of common foreign and security policy, including common security and defence policy. Contributions from the conference shall not bind national Parliaments and shall not prejudge their positions.
PROTOCOL (No 2)
ON THE APPLICATION OF THE PRINCIPLES OF SUBSIDIARITY AND PROPORTIONALITY
THE HIGH CONTRACTING PARTIES,
WISHING to ensure that decisions are taken as closely as possible to the citizens of the Union,
RESOLVED to establish the conditions for the application of the principles of subsidiarity and proportionality, as laid down in Article 5 of the Treaty on European Union, and to establish a system for monitoring the application of those principles,
HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union:
Article 1
Each institution shall ensure constant respect for the principles of subsidiarity and proportionality, as laid down in Article 5 of the Treaty on European Union.
Article 2
Before proposing legislative acts, the Commission shall consult widely. Such consultations shall, where appropriate, take into account the regional and local dimension of the action envisaged. In cases of exceptional urgency, the Commission shall not conduct such consultations. It shall give reasons for its decision in its proposal.
Article 3
For the purposes of this Protocol, "draft legislative acts" shall mean proposals from the Commission, initiatives from a group of Member States, initiatives from the European Parliament, requests from the Court of Justice, recommendations from the European Central Bank and requests from the European Investment Bank, for the adoption of a legislative act.
Article 4
The Commission shall forward its draft legislative acts and its amended drafts to national Parliaments at the same time as to the Union legislator.
The European Parliament shall forward its draft legislative acts and its amended drafts to national Parliaments.
The Council shall forward draft legislative acts originating from a group of Member States, the Court of Justice, the European Central Bank or the European Investment Bank and amended drafts to national Parliaments.
Upon adoption, legislative resolutions of the European Parliament and positions of the Council shall be forwarded by them to national Parliaments.
Article 5
Draft legislative acts shall be justified with regard to the principles of subsidiarity and proportionality. Any draft legislative act should contain a detailed statement making it possible to appraise compliance with the principles of subsidiarity and proportionality. This statement should contain some assessment of the proposal's financial impact and, in the case of a directive, of its implications for the rules to be put in place by Member States, including, where necessary, the regional legislation. The reasons for concluding that a Union objective can be better achieved at Union level shall be substantiated by qualitative and, wherever possible, quantitative indicators. Draft legislative acts shall take account of the need for any burden, whether financial or administrative, falling upon the Union, national governments, regional or local authorities, economic operators and citizens, to be minimised and commensurate with the objective to be achieved.
Article 6
Any national Parliament or any chamber of a national Parliament may, within eight weeks from the date of transmission of a draft legislative act, in the official languages of the Union, send to the Presidents of the European Parliament, the Council and the Commission a reasoned opinion stating why it considers that the draft in question does not comply with the principle of subsidiarity. It will be for each national Parliament or each chamber of a national Parliament to consult, where appropriate, regional parliaments with legislative powers.
If the draft legislative act originates from a group of Member States, the President of the Council shall forward the opinion to the governments of those Member States.
If the draft legislative act originates from the Court of Justice, the European Central Bank or the European Investment Bank, the President of the Council shall forward the opinion to the institution or body concerned.
Article 7
Each national Parliament shall have two votes, shared out on the basis of the national Parliamentary system. In the case of a bicameral Parliamentary system, each of the two chambers shall have one vote.
After such review, the Commission or, where appropriate, the group of Member States, the European Parliament, the Court of Justice, the European Central Bank or the European Investment Bank, if the draft legislative act originates from them, may decide to maintain, amend or withdraw the draft. Reasons must be given for this decision.
If it chooses to maintain the proposal, the Commission will have, in a reasoned opinion, to justify why it considers that the proposal complies with the principle of subsidiarity. This reasoned opinion, as well as the reasoned opinions of the national Parliaments, will have to be submitted to the Union legislator, for consideration in the procedure:
before concluding the first reading, the legislator (the European Parliament and the Council) shall consider whether the legislative proposal is compatible with the principle of subsidiarity, taking particular account of the reasons expressed and shared by the majority of national Parliaments as well as the reasoned opinion of the Commission;
if, by a majority of 55 % of the members of the Council or a majority of the votes cast in the European Parliament, the legislator is of the opinion that the proposal is not compatible with the principle of subsidiarity, the legislative proposal shall not be given further consideration.
Article 8
The Court of Justice of the European Union shall have jurisdiction in actions on grounds of infringement of the principle of subsidiarity by a legislative act, brought in accordance with the rules laid down in Article 263 of the Treaty on the Functioning of the European Union by Member States, or notified by them in accordance with their legal order on behalf of their national Parliament or a chamber thereof.
In accordance with the rules laid down in the said Article, the Committee of the Regions may also bring such actions against legislative acts for the adoption of which the Treaty on the Functioning of the European Union provides that it be consulted.
Article 9
The Commission shall submit each year to the European Council, the European Parliament, the Council and national Parliaments a report on the application of Article 5 of the Treaty on European Union. This annual report shall also be forwarded to the Economic and Social Committee and the Committee of the Regions.
PROTOCOL (No 3)
ON THE STATUTE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION
THE HIGH CONTRACTING PARTIES,
DESIRING to lay down the Statute of the Court of Justice of the European Union provided for in Article 281 of the Treaty on the Functioning of the European Union,
HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community:
Article 1
The Court of Justice of the European Union shall be constituted and shall function in accordance with the provisions of the Treaties, of the Treaty establishing the European Atomic Energy Community (the EAEC Treaty) and of this Statute.
TITLE I
JUDGES AND ADVOCATES-GENERAL
Article 2
Before taking up his duties each Judge shall, before the Court of Justice sitting in open court, take an oath to perform his duties impartially and conscientiously and to preserve the secrecy of the deliberations of the Court.
Article 3
The Judges shall be immune from legal proceedings. After they have ceased to hold office, they shall continue to enjoy immunity in respect of acts performed by them in their official capacity, including words spoken or written.
The Court of Justice, sitting as a full Court, may waive the immunity. If the decision concerns a member of the General Court or of a specialised court, the Court shall decide after consulting the court concerned.
Where immunity has been waived and criminal proceedings are instituted against a Judge, he shall be tried, in any of the Member States, only by the court competent to judge the members of the highest national judiciary.
Articles 11 to 14 and Article 17 of the Protocol on the privileges and immunities of the European Union shall apply to the Judges, Advocates-General, Registrar and Assistant Rapporteurs of the Court of Justice of the European Union, without prejudice to the provisions relating to immunity from legal proceedings of Judges which are set out in the preceding paragraphs.
Article 4
The Judges may not hold any political or administrative office.
They may not engage in any occupation, whether gainful or not, unless exemption is exceptionally granted by the Council, acting by a simple majority.
When taking up their duties, they shall give a solemn undertaking that, both during and after their term of office, they will respect the obligations arising therefrom, in particular the duty to behave with integrity and discretion as regards the acceptance, after they have ceased to hold office, of certain appointments or benefits.
Any doubt on this point shall be settled by decision of the Court of Justice. If the decision concerns a member of the General Court or of a specialised court, the Court shall decide after consulting the court concerned.
Article 5
Apart from normal replacement, or death, the duties of a Judge shall end when he resigns.
Where a Judge resigns, his letter of resignation shall be addressed to the President of the Court of Justice for transmission to the President of the Council. Upon this notification a vacancy shall arise on the bench.
Save where Article 6 applies, a Judge shall continue to hold office until his successor takes up his duties.
Article 6
A Judge may be deprived of his office or of his right to a pension or other benefits in its stead only if, in the unanimous opinion of the Judges and Advocates-General of the Court of Justice, he no longer fulfils the requisite conditions or meets the obligations arising from his office. The Judge concerned shall not take part in any such deliberations. If the person concerned is a member of the General Court or of a specialised court, the Court shall decide after consulting the court concerned.
The Registrar of the Court shall communicate the decision of the Court to the President of the European Parliament and to the President of the Commission and shall notify it to the President of the Council.
In the case of a decision depriving a Judge of his office, a vacancy shall arise on the bench upon this latter notification.
Article 7
A Judge who is to replace a member of the Court whose term of office has not expired shall be appointed for the remainder of his predecessor's term.
Article 8
The provisions of Articles 2 to 7 shall apply to the Advocates-General.
TITLE II
ORGANISATION OF THE COURT OF JUSTICE
Article 9
When, every three years, the Judges are partially replaced, one half of the number of Judges shall be replaced. If the number of Judges is an uneven number, the number of Judges who shall be replaced shall alternately be the number which is the next above one half of the number of Judges and the number which is next below one half.
The first paragraph shall also apply when the Advocates General are partially replaced, every three years.
Article 9a
The Judges shall elect the President and the Vice-President of the Court of Justice from among their number for a term of three years. They may be re-elected.
The Vice-President shall assist the President in accordance with the conditions laid down in the Rules of Procedure. He shall take the President’s place when the latter is prevented from attending or when the office of President is vacant.
Article 10
The Registrar shall take an oath before the Court of Justice to perform his duties impartially and conscientiously and to preserve the secrecy of the deliberations of the Court of Justice.
Article 11
The Court of Justice shall arrange for replacement of the Registrar on occasions when he is prevented from attending the Court of Justice.
Article 12
Officials and other servants shall be attached to the Court of Justice to enable it to function. They shall be responsible to the Registrar under the authority of the President.
Article 13
At the request of the Court of Justice, the European Parliament and the Council may, acting in accordance with the ordinary legislative procedure, provide for the appointment of Assistant Rapporteurs and lay down the rules governing their service. The Assistant Rapporteurs may be required, under conditions laid down in the Rules of Procedure, to participate in preparatory inquiries in cases pending before the Court and to cooperate with the Judge who acts as Rapporteur.
The Assistant Rapporteurs shall be chosen from persons whose independence is beyond doubt and who possess the necessary legal qualifications; they shall be appointed by the Council, acting by a simple majority. They shall take an oath before the Court to perform their duties impartially and conscientiously and to preserve the secrecy of the deliberations of the Court.
Article 14
The Judges, the Advocates-General and the Registrar shall be required to reside at the place where the Court of Justice has its seat.
Article 15
The Court of Justice shall remain permanently in session. The duration of the judicial vacations shall be determined by the Court with due regard to the needs of its business.
Article 16
The Court of Justice shall form chambers consisting of three and five Judges. The Judges shall elect the Presidents of the chambers from among their number. The Presidents of the chambers of five Judges shall be elected for three years. They may be re-elected once.
The Grand Chamber shall consist of 15 Judges. It shall be presided over by the President of the Court. The Vice- President of the Court and, in accordance with the conditions laid down in the Rules of Procedure, three of the Presidents of the chambers of five Judges and other Judges shall also form part of the Grand Chamber.
The Court shall sit in a Grand Chamber when a Member State or an institution of the Union that is party to the proceedings so requests.
The Court shall sit as a full Court where cases are brought before it pursuant to Article 228(2), Article 245(2), Article 247 or Article 286(6) of the Treaty on the Functioning of the European Union.
Moreover, where it considers that a case before it is of exceptional importance, the Court may decide, after hearing the Advocate-General, to refer the case to the full Court.
Article 17
Decisions of the Court of Justice shall be valid only when an uneven number of its members is sitting in the deliberations.
Decisions of the chambers consisting of either three or five Judges shall be valid only if they are taken by three Judges.
Decisions of the Grand Chamber shall be valid only if 11 Judges are sitting.
Decisions of the full Court shall be valid only if 17 Judges are sitting.
In the event of one of the Judges of a chamber being prevented from attending, a Judge of another chamber may be called upon to sit in accordance with conditions laid down in the Rules of Procedure.
Article 18
No Judge or Advocate-General may take part in the disposal of any case in which he has previously taken part as agent or adviser or has acted for one of the parties, or in which he has been called upon to pronounce as a member of a court or tribunal, of a commission of inquiry or in any other capacity.
If, for some special reason, any Judge or Advocate-General considers that he should not take part in the judgment or examination of a particular case, he shall so inform the President. If, for some special reason, the President considers that any Judge or Advocate-General should not sit or make submissions in a particular case, he shall notify him accordingly.
Any difficulty arising as to the application of this Article shall be settled by decision of the Court of Justice.
A party may not apply for a change in the composition of the Court or of one of its chambers on the grounds of either the nationality of a Judge or the absence from the Court or from the chamber of a Judge of the nationality of that party.
TITLE III
PROCEDURE BEFORE THE COURT OF JUSTICE
Article 19
The Member States and the institutions of the Union shall be represented before the Court of Justice by an agent appointed for each case; the agent may be assisted by an adviser or by a lawyer.
The States, other than the Member States, which are parties to the Agreement on the European Economic Area and also the EFTA Surveillance Authority referred to in that Agreement shall be represented in same manner.
Other parties must be represented by a lawyer.
Only a lawyer authorised to practise before a court of a Member State or of another State which is a party to the Agreement on the European Economic Area may represent or assist a party before the Court.
Such agents, advisers and lawyers shall, when they appear before the Court, enjoy the rights and immunities necessary to the independent exercise of their duties, under conditions laid down in the Rules of Procedure.
As regards such advisers and lawyers who appear before it, the Court shall have the powers normally accorded to courts of law, under conditions laid down in the Rules of Procedure.
University teachers being nationals of a Member State whose law accords them a right of audience shall have the same rights before the Court as are accorded by this Article to lawyers.
Article 20
The procedure before the Court of Justice shall consist of two parts: written and oral.
The written procedure shall consist of the communication to the parties and to the institutions of the Union whose decisions are in dispute, of applications, statements of case, defences and observations, and of replies, if any, as well as of all papers and documents in support or of certified copies of them.
Communications shall be made by the Registrar in the order and within the time laid down in the Rules of Procedure.
The oral procedure shall consist of the hearing by the Court of agents, advisers and lawyers and of the submissions of the Advocate-General, as well as the hearing, if any, of witnesses and experts.
Where it considers that the case raises no new point of law, the Court may decide, after hearing the Advocate-General, that the case shall be determined without a submission from the Advocate-General.
Article 21
A case shall be brought before the Court of Justice by a written application addressed to the Registrar. The application shall contain the applicant's name and permanent address and the description of the signatory, the name of the party or names of the parties against whom the application is made, the subject-matter of the dispute, the form of order sought and a brief statement of the pleas in law on which the application is based.
The application shall be accompanied, where appropriate, by the measure the annulment of which is sought or, in the circumstances referred to in Article 265 of the Treaty on the Functioning of the European Union, by documentary evidence of the date on which an institution was, in accordance with those Articles, requested to act. If the documents are not submitted with the application, the Registrar shall ask the party concerned to produce them within a reasonable period, but in that event the rights of the party shall not lapse even if such documents are produced after the time limit for bringing proceedings.
Article 22
A case governed by Article 18 of the EAEC Treaty shall be brought before the Court of Justice by an appeal addressed to the Registrar. The appeal shall contain the name and permanent address of the applicant and the description of the signatory, a reference to the decision against which the appeal is brought, the names of the respondents, the subject-matter of the dispute, the submissions and a brief statement of the grounds on which the appeal is based.
The appeal shall be accompanied by a certified copy of the decision of the Arbitration Committee which is contested.
If the Court rejects the appeal, the decision of the Arbitration Committee shall become final.
If the Court annuls the decision of the Arbitration Committee, the matter may be re-opened, where appropriate, on the initiative of one of the parties in the case, before the Arbitration Committee. The latter shall conform to any decisions on points of law given by the Court.
Article 23
In the cases governed by Article 267 of the Treaty on the Functioning of the European Union, the decision of the court or tribunal of a Member State which suspends its proceedings and refers a case to the Court of Justice shall be notified to the Court by the court or tribunal concerned. The decision shall then be notified by the Registrar of the Court to the parties, to the Member States, to the European Parliament, to the Council, to the Commission and to the European Central Bank, as well as to the institution, body, office or agency of the Union which adopted the act the validity or interpretation of which is in dispute.
Within two months of this notification, the parties, the Member States, the Commission and, where they consider they have a particular interest in the issues raised by the request for a preliminary ruling, the European Parliament, the Council and the European Central Bank shall be entitled to submit statements of case or written observations to the Court of Justice. Where appropriate, the institution, body, office or agency which has adopted the act the validity or interpretation of which is in dispute shall also be entitled to submit statements of case or written observations.
In the cases governed by Article 267 of the Treaty on the Functioning of the European Union, the decision of the national court or tribunal shall, moreover, be notified by the Registrar of the Court to the States, other than the Member States, which are parties to the Agreement on the European Economic Area and also to the EFTA Surveillance Authority referred to in that Agreement which may, within two months of notification, where one of the fields of application of that Agreement is concerned, submit statements of case or written observations to the Court.
Where an agreement relating to a specific subject matter, concluded by the Council and one or more non-member States, provides that those States are to be entitled to submit statements of case or written observations where a court or tribunal of a Member State refers to the Court of Justice for a preliminary ruling a question falling within the scope of the agreement, the decision of the national court or tribunal containing that question shall also be notified to the non-member States concerned. Within two months from such notification, those States may lodge at the Court statements of case or written observations.
Statements of case or written observations submitted by an interested person pursuant to this Article shall be published on the website of the Court of Justice of the European Union within a reasonable time after the closing of the case, unless that person raises objections to the publication of that person’s own written submissions.
Article 23a ( *1 )
The Rules of Procedure may provide for an expedited or accelerated procedure and, for references for a preliminary ruling relating to the area of freedom, security and justice, an urgent procedure.
Those procedures may provide, in respect of the submission of statements of case or written observations, for a shorter period than that provided for by Article 23, and, in derogation from the fourth paragraph of Article 20, for the case to be determined without a submission from the Advocate General.
In addition, the urgent procedure may provide for restriction of the parties and other interested persons mentioned in Article 23, authorised to submit statements of case or written observations and, in cases of extreme urgency, for the written stage of the procedure to be omitted.
Article 24
The Court of Justice may require the parties to produce all documents and to supply all information which the Court considers desirable. Formal note shall be taken of any refusal.
The Court may also require the Member States and institutions, bodies, offices and agencies not being parties to the case to supply all information which the Court considers necessary for the proceedings.
Article 25
The Court of Justice may at any time entrust any individual, body, authority, committee or other organisation it chooses with the task of giving an expert opinion.
Article 26
Witnesses may be heard under conditions laid down in the Rules of Procedure.
Article 27
With respect to defaulting witnesses the Court of Justice shall have the powers generally granted to courts and tribunals and may impose pecuniary penalties under conditions laid down in the Rules of Procedure.
Article 28
Witnesses and experts may be heard on oath taken in the form laid down in the Rules of Procedure or in the manner laid down by the law of the country of the witness or expert.
Article 29
The Court of Justice may order that a witness or expert be heard by the judicial authority of his place of permanent residence.
The order shall be sent for implementation to the competent judicial authority under conditions laid down in the Rules of Procedure. The documents drawn up in compliance with the letters rogatory shall be returned to the Court under the same conditions.
The Court shall defray the expenses, without prejudice to the right to charge them, where appropriate, to the parties.
Article 30
A Member State shall treat any violation of an oath by a witness or expert in the same manner as if the offence had been committed before one of its courts with jurisdiction in civil proceedings. At the instance of the Court of Justice, the Member State concerned shall prosecute the offender before its competent court.
Article 31
The hearing in court shall be public, unless the Court of Justice, of its own motion or on application by the parties, decides otherwise for serious reasons.
Article 32
During the hearings the Court of Justice may examine the experts, the witnesses and the parties themselves. The latter, however, may address the Court of Justice only through their representatives.
Article 33
Minutes shall be made of each hearing and signed by the President and the Registrar.
Article 34
The case list shall be established by the President.
Article 35
The deliberations of the Court of Justice shall be and shall remain secret.
Article 36
Judgments shall state the reasons on which they are based. They shall contain the names of the Judges who took part in the deliberations.
Article 37
Judgments shall be signed by the President and the Registrar. They shall be read in open court.
Article 38
The Court of Justice shall adjudicate upon costs.
Article 39
The President of the Court of Justice may, by way of summary procedure, which may, in so far as necessary, differ from some of the rules contained in this Statute and which shall be laid down in the Rules of Procedure, adjudicate upon applications to suspend execution, as provided for in Article 278 of the Treaty on the Functioning of the European Union and Article 157 of the EAEC Treaty, or to prescribe interim measures pursuant to Article 279 of the Treaty on the Functioning of the European Union, or to suspend enforcement in accordance with the fourth paragraph of Article 299 of the Treaty on the Functioning of the European Union or the third paragraph of Article 164 of the EAEC Treaty.
The powers referred to in the first paragraph may, under the conditions laid down in the Rules of Procedure, be exercised by the Vice-President of the Court of Justice.
Should the President and the Vice-President be prevented from attending, another Judge shall take their place under the conditions laid down in the Rules of Procedure.
The ruling of the President or of the Judge replacing him shall be provisional and shall in no way prejudice the decision of the Court on the substance of the case.
Article 40
Member States and institutions of the Union may intervene in cases before the Court of Justice.
The same right shall be open to the bodies, offices and agencies of the Union and to any other person which can establish an interest in the result of a case submitted to the Court. Natural or legal persons shall not intervene in cases between Member States, between institutions of the Union or between Member States and institutions of the Union.
Without prejudice to the second paragraph, the States, other than the Member States, which are parties to the Agreement on the European Economic Area, and also the EFTA Surveillance Authority referred to in that Agreement, may intervene in cases before the Court where one of the fields of application of that Agreement is concerned.
An application to intervene shall be limited to supporting the form of order sought by one of the parties.
Article 41
Where the defending party, after having been duly summoned, fails to file written submissions in defence, judgment shall be given against that party by default. An objection may be lodged against the judgment within one month of it being notified. The objection shall not have the effect of staying enforcement of the judgment by default unless the Court of Justice decides otherwise.
Article 42
Member States, institutions, bodies, offices and agencies of the Union and any other natural or legal persons may, in cases and under conditions to be determined by the Rules of Procedure, institute third-party proceedings to contest a judgment rendered without their being heard, where the judgment is prejudicial to their rights.
Article 43
If the meaning or scope of a judgment is in doubt, the Court of Justice shall construe it on application by any party or any institution of the Union establishing an interest therein.
Article 44
An application for revision of a judgment may be made to the Court of Justice only on discovery of a fact which is of such a nature as to be a decisive factor, and which, when the judgment was given, was unknown to the Court and to the party claiming the revision.
The revision shall be opened by a judgment of the Court expressly recording the existence of a new fact, recognising that it is of such a character as to lay the case open to revision and declaring the application admissible on this ground.
No application for revision may be made after the lapse of 10 years from the date of the judgment.
Article 45
Periods of grace based on considerations of distance shall be determined by the Rules of Procedure.
No right shall be prejudiced in consequence of the expiry of a time limit if the party concerned proves the existence of unforeseeable circumstances or of force majeure.
Article 46
Proceedings against the Union in matters arising from non-contractual liability shall be barred after a period of five years from the occurrence of the event giving rise thereto. The period of limitation shall be interrupted if proceedings are instituted before the Court of Justice or if prior to such proceedings an application is made by the aggrieved party to the relevant institution of the Union. In the latter event the proceedings must be instituted within the period of two months provided for in Article 263 of the Treaty on the Functioning of the European Union; the provisions of the second paragraph of Article 265 of the Treaty on the Functioning of the European Union shall apply where appropriate.
This Article shall also apply to proceedings against the European Central Bank regarding non-contractual liability.
TITLE IV
GENERAL COURT
Article 47
The first paragraph of Article 9, Article 9a, Articles 14 and 15, the first, second, fourth and fifth paragraphs of Article 17 and Article 18 shall apply to the General Court and its members.
The fourth paragraph of Article 3 and Articles 10, 11 and 14 shall apply to the Registrar of the General Court mutatis mutandis.
Article 48
The General Court shall consist of:
40 Judges as from 25 December 2015;
47 Judges as from 1 September 2016;
two Judges per Member State as from 1 September 2019.
Article 49
The Members of the General Court may be called upon to perform the task of an Advocate-General.
It shall be the duty of the Advocate-General, acting with complete impartiality and independence, to make, in open court, reasoned submissions on certain cases brought before the General Court in order to assist the General Court in the performance of its task.
The criteria for selecting such cases, as well as the procedures for designating the Advocates-General, shall be laid down in the Rules of Procedure of the General Court.
A Member called upon to perform the task of Advocate-General in a case may not take part in the judgment of the case.
Article 49a
The General Court shall be assisted by one or more Advocates General in dealing with requests for a preliminary ruling transmitted to it in accordance with Article 50b.
The Judges of the General Court shall elect from among their number, in accordance with the Rules of Procedure of the General Court, the Members that are to perform the duties of Advocate General. In the period during which those Members perform the duties of Advocate General, they shall not sit as Judges in requests for a preliminary ruling.
For each request for a preliminary ruling, the Advocate General shall be selected from among the Judges elected to perform that duty who belong to a chamber other than the chamber to which the request in question has been assigned.
The Judges elected to perform the duties referred to in the second paragraph shall be elected for a term of three years. They may be re-elected once.
Article 50
The General Court shall sit in chambers of three or five Judges. The Judges shall elect the Presidents of the chambers from among their number. The Presidents of the chambers of five Judges shall be elected for three years. They may be re-elected once.
The General Court may also sit in a Grand Chamber, in a chamber of an intermediate size between the chambers of five Judges and the Grand Chamber, or be constituted by a single Judge.
The Rules of Procedure shall govern the composition of the chambers and the circumstances in which and conditions under which the General Court shall sit in its different formations.
The General Court, where seised pursuant to Article 267 of the Treaty on the Functioning of the European Union, shall sit in a chamber of intermediate size when a Member State or an institution of the Union that is a party to the proceedings so requests.
Article 50a
Article 50b
The General Court shall have jurisdiction to hear and determine requests for a preliminary ruling under Article 267 of the Treaty on the Functioning of the European Union that come exclusively within one or several of the following specific areas:
the common system of value added tax;
excise duties;
the Customs Code;
the tariff classification of goods under the Combined Nomenclature;
compensation and assistance to passengers in the event of denied boarding or of delay or cancellation of transport services;
the system for greenhouse gas emission allowance trading.
Notwithstanding the first paragraph, the Court of Justice shall retain jurisdiction to hear and determine requests for a preliminary ruling that raise independent questions relating to the interpretation of primary law, public international law, general principles of Union law or the Charter of Fundamental Rights of the European Union.
Every request for a preliminary ruling made under Article 267 of the Treaty on the Functioning of the European Union shall be submitted to the Court of Justice. After verifying, as quickly as possible and in accordance with the detailed rules set out in its Rules of Procedure, that the request for a preliminary ruling falls exclusively within one or more of the areas to which the first paragraph of this Article refers, the Court of Justice shall transfer that request to the General Court.
The requests for a preliminary ruling that the General Court hears and determines under Article 267 of the Treaty on the Functioning of the European Union shall be assigned to chambers designated for that purpose in accordance with the detailed rules set out in its Rules of Procedure.
Article 51
By way of derogation from the rule laid down in Article 256(1) of the Treaty on the Functioning of the European Union, jurisdiction shall be reserved to the Court of Justice:
in actions referred to in Articles 263 and 265 of the Treaty on the Functioning of the European Union which are brought by a Member State against:
a legislative act, an act of the European Parliament, of the European Council or of the Council, or against a failure to act by one or more of those institutions, except for:
an act of, or a failure to act by, the Commission under Article 331(1) of the Treaty on the Functioning of the European Union;
in actions referred to in Articles 263 and 265 of the Treaty on the Functioning of the European Union which are brought by an institution of the Union against a legislative act, an act of the European Parliament, of the European Council, of the Council, of the Commission or of the European Central Bank, or against a failure to act by one or more of those institutions;
in actions referred to in Article 263 of the Treaty on the Functioning of the European Union which are brought by a Member State against an act of the Commission relating to a failure to comply with a judgment delivered by the Court under the second subparagraph of Article 260(2), or the second subparagraph of Article 260(3), of the Treaty on the Functioning of the European Union.
Article 52
The President of the Court of Justice and the President of the General Court shall determine, by common accord, the conditions under which officials and other servants attached to the Court of Justice shall render their services to the General Court to enable it to function. Certain officials or other servants shall be responsible to the Registrar of the General Court under the authority of the President of the General Court.
Article 53
The procedure before the General Court shall be governed by Title III.
Such further and more detailed provisions as may be necessary shall be laid down in its Rules of Procedure. The Rules of Procedure may derogate from the fourth paragraph of Article 40 and from Article 41 in order to take account of the specific features of litigation in the field of intellectual property.
Notwithstanding the fourth paragraph of Article 20, the Advocate-General may make his reasoned submissions in writing.
Article 54
Where an application or other procedural document addressed to the General Court is lodged by mistake with the Registrar of the Court of Justice, it shall be transmitted immediately by that Registrar to the Registrar of the General Court; likewise, where an application or other procedural document addressed to the Court of Justice is lodged by mistake with the Registrar of the General Court, it shall be transmitted immediately by that Registrar to the Registrar of the Court of Justice.
Where the General Court finds that it does not have jurisdiction to hear and determine an action or a request for a preliminary ruling in respect of which the Court of Justice has jurisdiction, it shall refer that action or request to the Court of Justice. Likewise, where the Court of Justice finds that an action or a request for a preliminary ruling falls within the jurisdiction of the General Court, it shall refer that action or request to the General Court, whereupon that Court may not decline jurisdiction.
Where the Court of Justice and the General Court are seised of cases in which the same relief is sought, the same issue of interpretation is raised or the validity of the same act is called in question, the General Court may, after hearing the parties, stay the proceedings before it until such time as the Court of Justice has delivered judgment or, where the action is one brought pursuant to Article 263 of the Treaty on the Functioning of the European Union, may decline jurisdiction so as to allow the Court of Justice to rule on such actions. In the same circumstances, the Court of Justice may also decide to stay the proceedings before it; in that event, the proceedings before the General Court shall continue.
Where a Member State and an institution of the Union are challenging the same act, the General Court shall decline jurisdiction so that the Court of Justice may rule on those applications.
Article 55
Final decisions of the General Court, decisions disposing of the substantive issues in part only or disposing of a procedural issue concerning a plea of lack of competence or inadmissibility, shall be notified by the Registrar of the General Court to all parties as well as all Member States and the institutions of the Union even if they did not intervene in the case before the General Court.
Article 56
An appeal may be brought before the Court of Justice, within two months of the notification of the decision appealed against, against final decisions of the General Court and decisions of that Court disposing of the substantive issues in part only or disposing of a procedural issue concerning a plea of lack of competence or inadmissibility.
Such an appeal may be brought by any party which has been unsuccessful, in whole or in part, in its submissions. However, interveners other than the Member States and the institutions of the Union may bring such an appeal only where the decision of the General Court directly affects them.
With the exception of cases relating to disputes between the Union and its servants, an appeal may also be brought by Member States and institutions of the Union which did not intervene in the proceedings before the General Court. Such Member States and institutions shall be in the same position as Member States or institutions which intervened at first instance.
Article 57
Any person whose application to intervene has been dismissed by the General Court may appeal to the Court of Justice within two weeks from the notification of the decision dismissing the application.
The parties to the proceedings may appeal to the Court of Justice against any decision of the General Court made pursuant to Article 278 or Article 279 or the fourth paragraph of Article 299 of the Treaty on the Functioning of the European Union or Article 157 or the third paragraph of Article 164 of the EAEC Treaty within two months from their notification.
The appeal referred to in the first two paragraphs of this Article shall be heard and determined under the procedure referred to in Article 39.
Article 58
An appeal to the Court of Justice shall be limited to points of law. It shall lie on the grounds of lack of competence of the General Court, a breach of procedure before it which adversely affects the interests of the appellant as well as the infringement of Union law by the General Court.
No appeal shall lie regarding only the amount of the costs or the party ordered to pay them.
Article 58a
An appeal brought against a decision of the General Court concerning a decision of an independent board of appeal of one of the following bodies, offices and agencies of the Union shall not proceed unless the Court of Justice first decides that it should be allowed to do so:
the European Union Intellectual Property Office;
the Community Plant Variety Office;
the European Chemicals Agency;
the European Union Aviation Safety Agency;
the European Union Agency for the Cooperation of Energy Regulators;
the Single Resolution Board;
the European Banking Authority;
the European Securities and Markets Authority;
the European Insurance and Occupational Pensions Authority;
the European Union Agency for Railways.
The procedure referred to in the first paragraph shall also apply to appeals brought against:
decisions of the General Court concerning a decision of an independent board of appeal, set up after 1 May 2019 within any other body, office or agency of the Union, which has to be seised before an action can be brought before the General Court;
decisions of the General Court relating to the performance of a contract containing an arbitration clause, within the meaning of Article 272 of the Treaty on the Functioning of the European Union.
An appeal shall be allowed to proceed, wholly or in part, in accordance with the detailed rules set out in the Rules of Procedure, where it raises an issue that is significant with respect to the unity, consistency or development of Union law.
The decision as to whether the appeal should be allowed to proceed or not shall be reasoned, and it shall be published.
Article 59
Where an appeal is brought against a decision of the General Court, the procedure before the Court of Justice shall consist of a written part and an oral part. In accordance with conditions laid down in the Rules of Procedure, the Court of Justice, having heard the Advocate-General and the parties, may dispense with the oral procedure.
Article 60
Without prejudice to Articles 278 and 279 of the Treaty on the Functioning of the European Union or Article 157 of the EAEC Treaty, an appeal shall not have suspensory effect.
By way of derogation from Article 280 of the Treaty on the Functioning of the European Union, decisions of the General Court declaring a regulation to be void shall take effect only as from the date of expiry of the period referred to in the first paragraph of Article 56 of this Statute or, if an appeal shall have been brought within that period, as from the date of dismissal of the appeal, without prejudice, however, to the right of a party to apply to the Court of Justice, pursuant to Articles 278 and 279 of the Treaty on the Functioning of the European Union or Article 157 of the EAEC Treaty, for the suspension of the effects of the regulation which has been declared void or for the prescription of any other interim measure.
Article 61
If the appeal is well founded, the Court of Justice shall quash the decision of the General Court. It may itself give final judgment in the matter, where the state of the proceedings so permits, or refer the case back to the General Court for judgment.
Where a case is referred back to the General Court, that Court shall be bound by the decision of the Court of Justice on points of law.
When an appeal brought by a Member State or an institution of the Union, which did not intervene in the proceedings before the General Court, is well founded, the Court of Justice may, if it considers this necessary, state which of the effects of the decision of the General Court which has been quashed shall be considered as definitive in respect of the parties to the litigation.
Article 62
In the cases provided for in Article 256(2) and (3) of the Treaty on the Functioning of the European Union, where the First Advocate-General considers that there is a serious risk of the unity or consistency of Union law being affected, he may propose that the Court of Justice review the decision of the General Court.
The proposal must be made within one month of delivery of the decision by the General Court. Within one month of receiving the proposal made by the First Advocate-General, the Court of Justice shall decide whether or not the decision should be reviewed.
Article 62a
The Court of Justice shall give a ruling on the questions which are subject to review by means of an urgent procedure on the basis of the file forwarded to it by the General Court.
Those referred to in Article 23 of this Statute and, in the cases provided for in Article 256(2) of the EC Treaty, the parties to the proceedings before the General Court shall be entitled to lodge statements or written observations with the Court of Justice relating to questions which are subject to review within a period prescribed for that purpose.
The Court of Justice may decide to open the oral procedure before giving a ruling.
Article 62b
In the cases provided for in Article 256(2) of the Treaty on the Functioning of the European Union, without prejudice to Articles 278 and 279 of the Treaty on the Functioning of the European Union, proposals for review and decisions to open the review procedure shall not have suspensory effect. If the Court of Justice finds that the decision of the General Court affects the unity or consistency of Union law, it shall refer the case back to the General Court which shall be bound by the points of law decided by the Court of Justice; the Court of Justice may state which of the effects of the decision of the General Court are to be considered as definitive in respect of the parties to the litigation. If, however, having regard to the result of the review, the outcome of the proceedings flows from the findings of fact on which the decision of the General Court was based, the Court of Justice shall give final judgment.
In the cases provided for in Article 256(3) of the Treaty on the Functioning of the European Union, in the absence of proposals for review or decisions to open the review procedure, the answer(s) given by the General Court to the questions submitted to it shall take effect upon expiry of the periods prescribed for that purpose in the second paragraph of Article 62. Should a review procedure be opened, the answer(s) subject to review shall take effect following that procedure, unless the Court of Justice decides otherwise. If the Court of Justice finds that the decision of the General Court affects the unity or consistency of Union law, the answer given by the Court of Justice to the questions subject to review shall be substituted for that given by the General Court.
TITLE IVa
SPECIALISED COURTS
Article 62c
The provisions relating to the jurisdiction, composition, organisation and procedure of any specialised court established under Article 257 of the Treaty on the Functioning of the European Union shall be contained in an Annex to this Statute.
TITLE V
FINAL PROVISIONS
Article 62d
Before submitting a request or a proposal for the amendment of this Statute, the Court of Justice or the Commission, as appropriate, shall consult widely.
Article 63
The Rules of Procedure of the Court of Justice and of the General Court shall contain any provisions necessary for applying and, where required, supplementing this Statute.
Article 64
The rules governing the language arrangements applicable at the Court of Justice of the European Union shall be laid down by a regulation of the Council acting unanimously. This regulation shall be adopted either at the request of the Court of Justice and after consultation of the Commission and the European Parliament, or on a proposal from the Commission and after consultation of the Court of Justice and of the European Parliament.
Until those rules have been adopted, the provisions of the Rules of Procedure of the Court of Justice and of the Rules of Procedure of the General Court governing language arrangements shall continue to apply. By way of derogation from Articles 253 and 254 of the Treaty on the Functioning of the European Union, those provisions may only be amended or repealed with the unanimous consent of the Council.
▼M7 —————
PROTOCOL (No 4)
ON THE STATUTE OF THE EUROPEAN SYSTEM OF CENTRAL BANKS AND OF THE EUROPEAN CENTRAL BANK
THE HIGH CONTRACTING PARTIES,
DESIRING to lay down the Statute of the European System of Central Banks and of the European Central Bank provided for in the second paragraph of Article 129 of the Treaty on the Functioning of the European Union,
HAVE AGREED upon the following provisions, which shall be annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union:
CHAPTER I
THE EUROPEAN SYSTEM OF CENTRAL BANKS
Article 1
The European System of Central Banks
In accordance with Article 282(1) of the Treaty on the Functioning of the European Union, the European Central Bank (ECB) and the national central banks shall constitute the European System of Central Banks (ESCB). The ECB and the national central banks of those Member States whose currency is the euro shall constitute the Eurosystem.
The ESCB and the ECB shall perform their tasks and carry on their activities in accordance with the provisions of the Treaties and of this Statute.
CHAPTER II
OBJECTIVES AND TASKS OF THE ESCB
Article 2
Objectives
In accordance with Article 127(1) and Article 282(2) of the Treaty on the Functioning of the European Union, the primary objective of the ESCB shall be to maintain price stability. Without prejudice to the objective of price stability, it shall support the general economic policies in the Union with a view to contributing to the achievement of the objectives of the Union as laid down in Article 3 of the Treaty on European Union. The ESCB shall act in accordance with the principle of an open market economy with free competition, favouring an efficient allocation of resources, and in compliance with the principles set out in Article 119 of the Treaty on the Functioning of the European Union.
Article 3
Tasks
In accordance with Article 127(2) of the Treaty on the Functioning of the European Union, the basic tasks to be carried out through the ESCB shall be:
Article 4
Advisory functions
In accordance with Article 127(4) of the Treaty on the Functioning of the European Union:
the ECB shall be consulted: