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Document 12004V419

    Treaty establishing a Constitution for Europe - PART III — THE POLICIES AND FUNCTIONING OF THE UNION - TITLE VI — THE FUNCTIONING OF THE UNION - CHAPTER III — ENHANCED COOPERATION - Article III-419

    SL C 310, 16.12.2004, p. 180–181 (ES, CS, DA, DE, ET, EL, EN, FR, GA, IT, LV, LT, HU, MT, NL, PL, PT, SK, SL, FI, SV)

    Legal status of the document Date of entry into force unknown (pending notification) or not yet in force.

    ELI: http://data.europa.eu/eli/treaty/tcons_2004/art_419/oj

    12004V419

    Treaty establishing a Constitution for Europe - PART III — THE POLICIES AND FUNCTIONING OF THE UNION - TITLE VI — THE FUNCTIONING OF THE UNION - CHAPTER III — ENHANCED COOPERATION - Article III-419

    Official Journal 310 , 16/12/2004 P. 0180 - 0181


    Article III-419

    1. Member States which wish to establish enhanced cooperation between themselves in one of the areas covered by the Constitution, with the exception of fields of exclusive competence and the common foreign and security policy, shall address a request to the Commission, specifying the scope and objectives of the enhanced cooperation proposed. The Commission may submit a proposal to the Council to that effect. In the event of the Commission not submitting a proposal, it shall inform the Member States concerned of the reasons for not doing so.

    Authorisation to proceed with enhanced cooperation shall be granted by a European decision of the Council, which shall act on a proposal from the Commission and after obtaining the consent of the European Parliament.

    2. The request of the Member States which wish to establish enhanced cooperation between themselves within the framework of the common foreign and security policy shall be addressed to the Council. It shall be forwarded to the Union Minister for Foreign Affairs, who shall give an opinion on whether the enhanced cooperation proposed is consistent with the Union's common foreign and security policy, and to the Commission, which shall give its opinion in particular on whether the enhanced cooperation proposed is consistent with other Union policies. It shall also be forwarded to the European Parliament for information.

    Authorisation to proceed with enhanced cooperation shall be granted by a European decision of the Council acting unanimously.

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