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Document 12002M023

    Treaty on European Union (Nice consolidated version)
    Title V: Provisions on a common foreign and security policy
    Article 23

    SL C 325, 24.12.2002, p. 18–18 (ES, DA, DE, EL, EN, FR, IT, NL, PT, FI, SV)

    Legal status of the document In force

    ELI: http://data.europa.eu/eli/treaty/teu_2002/art_23/oj

    12002M023

    Treaty on European Union (Nice consolidated version) - Title V: Provisions on a common foreign and security policy - Article 23

    Official Journal C 325 , 24/12/2002 P. 0018 - 0018
    Official Journal C 340 , 10/11/1997 P. 0160 - Consolidated version


    Treaty on European Union (Nice consolidated version)

    Title V: Provisions on a common foreign and security policy

    Article 23

    Article 23

    1. Decisions under this title shall be taken by the Council acting unanimously. Abstentions by members present in person or represented shall not prevent the adoption of such decisions.

    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 more than one third of the votes weighted in accordance with Article 205(2) of the Treaty establishing the European Community, the decision shall not be adopted.

    2. By derogation from the provisions of paragraph 1, the Council shall act by qualified majority:

    - when adopting joint actions, common positions or taking any other decision on the basis of a common strategy,

    - when adopting any decision implementing a joint action or a common position,

    - when appointing a special representative in accordance with Article 18(5).

    If a member of the Council declares that, for important 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 Council may, acting by a qualified majority, request that the matter be referred to the European Council for decision by unanimity.

    The votes of the members of the Council shall be weighted in accordance with Article 205(2) of the Treaty establishing the European Community. For their adoption, decisions shall require at least 62 votes in favour, cast by at least 10 members(5).

    This paragraph shall not apply to decisions having military or defence implications.

    3. For procedural questions, the Council shall act by a majority of its members.

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