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Document 12002M043

    Treaty on European Union (Nice consolidated version)
    Title VII: Provisions on closer cooperation
    Article 43

    HL C 325., 2002.12.24, p. 28–28 (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_43/oj

    12002M043

    Treaty on European Union (Nice consolidated version) - Title VII: Provisions on closer cooperation - Article 43

    Official Journal C 325 , 24/12/2002 P. 0028 - 0028
    Official Journal C 340 , 10/11/1997 P. 0169 - Consolidated version


    Treaty on European Union (Nice consolidated version)

    Title VII: Provisions on closer cooperation

    Article 43

    Article 43

    Member States which intend to establish enhanced cooperation between themselves may make use of the institutions, procedures and mechanisms laid down by this Treaty and by the Treaty establishing the European Community provided that the proposed cooperation:

    (a) is aimed at furthering the objectives of the Union and of the Community, at protecting and serving their interests and at reinforcing their process of integration;

    (b) respects the said Treaties and the single institutional framework of the Union;

    (c) respects the acquis communautaire and the measures adopted under the other provisions of the said Treaties;

    (d) remains within the limits of the powers of the Union or of the Community and does not concern the areas which fall within the exclusive competence of the Community;

    (e) does not undermine the internal market as defined in Article 14(2) of the Treaty establishing the European Community, or the economic and social cohesion established in accordance with Title XVII of that Treaty;

    (f) does not constitute a barrier to or discrimination in trade between the Member States and does not distort competition between them;

    (g) involves a minimum of eight Member States;

    (h) respects the competences, rights and obligations of those Member States which do not participate therein;

    (i) does not affect the provisions of the Protocol integrating the Schengen acquis into the framework of the European Union;

    (j) is open to all the Member States, in accordance with Article 43b.

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