Law Approving The Decision Of The European Council Of 25 March 2011 Amending Article 136 Of The Treaty On The Functioning Of The European Union With Regard To A Stability Mechanism For Member States Whose Currency Is The Euro (1) (2).

Original Language Title: Loi portant assentiment à la Décision du Conseil européen du 25 mars 2011 modifiant l'article 136 du Traité sur le fonctionnement de l'Union européenne en ce qui concerne un mécanisme de stabilité pour les Etats membres dont la monnaie est l'euro (1) (2)

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2012015125&caller=list&article_lang=F&row_id=1400&numero=1464&pub_date=2012-10-02&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2012-10-02 Numac: 2012015125 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE July 9, 2012. -Law approving the Decision of the European Council of 25 March 2011 amending article 136 of the Treaty on the functioning of the European Union with regard to a stability mechanism for Member States whose currency is the euro (1) (2) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S.
2. the Decision of the European Council of 25 March 2011 amending article 136 of the Treaty on the functioning of the European Union with regard to a stability mechanism for Member States whose currency is the euro, will release its full and complete effect.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, 9 July 2012.
ALBERT by the King: the Deputy Prime Minister and Minister for Foreign Affairs, international trade and European Affairs, D. REYNDERS the Deputy Prime Minister and Minister of finance and sustainable development, responsible for the public service, S. VANACKERE sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Notes (1) Session 2011-2012.
Senate Documents: Bill filed March 15, 2012, no. 5 - 1536/1.
Report, no. 5-1536/2.
Parliamentary Annals Discussion, meeting of 10/05/2012.
Vote, meeting of 10/05/2012.
House of representatives Documents: draft transmitted by the Senate, no. 53-2189/1.
Report on behalf of the commission 53-2189/2.
Text adopted in plenary meeting and submitted to the Royal assent, no 53-2189/3.
Parliamentary Annals Discussion, meeting of 14/06/2012.
Vote, meeting of 14/06/2012.
(2) see the Decree of the Flemish community / the Flemish Region of July 6, 2012 (Moniteur belge of 17 August 2012), the Decree of the French community of December 20, 2011 (Moniteur belge of January 24, 2012), the Decree of the German-speaking community of March 19, 2012 (Moniteur belge of April 18, 2012), the Decree of the Walloon Region from January 12, 2012 (Moniteur belge of January 26, 2012) Order of the Brussels-Capital Region from March 15, 2012 (Moniteur belge of 28 March 2012) and the order of the common Community Commission of the Brussels-Capital Region from April 26, 2012 (Moniteur belge of 7 may 2012).

Decision of the European Council of 25 March 2011 amending article 136 of the Treaty on the functioning of the European Union in this regard a stability mechanism for Member States whose currency is the euro the European Council, having regard to the Treaty on European Union, and in particular article 48, paragraph 6, having regard to the draft revision of article 136 of the Treaty on the functioning of the Union European submitted to the Council by the Belgian Government on December 16, 2010 Having regard to the opinion of the European Parliament (1), having regard to the opinion of the European Commission (2), after obtaining the opinion of the European Central Bank (3), whereas: (1) article 48, paragraph 6, of the Treaty on the Union (TEU) European allows the European Council, acting unanimously after consulting the European Parliament, of the Commission as well as, in some cases, of the Central Bank European to adopt a decision amending all or part of the provisions of part III of the Treaty on the functioning of the European Union (TFEU). Such a decision may not increase the competences conferred on the Union in the treaties and its entry into force is subject to subsequent approval by the Member States, in accordance with their respective constitutional rules.
(2) for the meeting of the European Council of 28 and 29 October 2010, the heads of State or Government agreed that it was necessary that Member States establish a permanent mechanism for crisis management to preserve the financial stability of the eurozone as a whole and invited the president of the European Council to engage with members of the European Council consultations on an amendment limited the Treaty necessary for this purpose.
(3) on 16 December 2010, the Belgian Government submitted, in accordance with article 48, paragraph 6, first paragraph, TEU, a project aimed at the revision of article 136 TFEU, to add a paragraph providing that the Member States whose currency is the euro may establish a stability mechanism that will be activated if indispensable to safeguard the stability of the eurozone as a whole and that the granting , to the title of the mechanism, any necessary financial assistance, will be subject to strict conditionality.
At the same time, the European Council adopted conclusions on the future stability mechanism (points 1 to 4).
(4) the stability mechanism will be the instrument necessary to deal with situations in which the financial stability of the eurozone as a whole is threatened, as was the case in 2010, and thus contribute to preserve the Union's economic and financial stability. At its meeting of 16 and 17 December 2010, the European Council agreed that, given that this mechanism is designed to preserve the financial stability of the eurozone as a whole, it will be more useful to resort to article 122, paragraph 2, TFEU for these purposes. The heads of State or Government have agreed that this provision should not be used for these purposes.
(5) on 16 December 2010, the European Council decided, in accordance with article 48, paragraph 6, second subparagraph, of the TEU, to consult the European Parliament and the Commission concerning the project. It also decided to consult the European Central Bank. The European Parliament (1), (2) Commission and the European Central Bank (3) issued an opinion on the draft.
(6) the amendment concerns a provision of part III of the TFEU and does not increase the competences conferred on the Union in the treaties, has adopted this DECISION: Article 1 article 136 of the Treaty on the functioning of the European Union, the following paragraph is added: '3. Member States whose currency is the euro may establish a stability mechanism that will be activated if indispensable to safeguard the stability of the eurozone as a whole. The granting, in respect of the mechanism, any necessary financial assistance, will be subject to strict conditionality. ' Article 2 Member States shall notify without delay to the Secretary-General of the Council the completion of the procedures required by their respective constitutional rules for the approval of this decision.
This decision shall enter into force on January 1, 2013, provided that all the notifications referred to in the first subparagraph have been received or, failing that, the first day of the month following receipt of the last of the notifications referred to in the first subparagraph.
Article 3 this decision shall be published in the Official Journal of the European Union.
Done at Brussels, 25 March 2011.
By the European Council, president H. VAN ROMPUY _ Notes (1) opinion of 23 March 2011 (not yet published in the Official Journal).
(2) notice of February 15, 2011 (not yet published in the Official Journal).
(3) opinion of 17 March 2011 (not yet published in the Official Journal).

Decision of the European Council of 25 March 2011 amending article 136 of the Treaty on the functioning of the European Union with regard to a stability mechanism for Member States whose currency is the euro EtatsDate authentificationType of consentementDate Consentemententree local force ALLEMAGNE25/03/2011Notification AUTRICHE25/03/2011Notification30/07/2012 BELGIQUE25/03/2011Notification16/07/2012 BULGARIE25/03/2011Notification06/08/2012 CHYPRE25/03/2011Notification03/07/2012 DANEMARK25/03/2011Notification07/05/2012 spain25/03/2011Notification15/06/2012 ESTONIE25/03/2011Notification07/09. 2012 FINLANDE25/03/2011Notification29/05/2012 FRANCE25/03/2011Notification02/04/2012 GRECE25/03/2011Notification17/04/2012 HONGRIE25/03/2011Notification19/04/2012 IRLANDE25/03/2011Notification01/08/2012 italy25/03/2011Notification25/09/2012 LETTONIE25/03/2011Notification24/05/2012 LITUANIE25/03/2011Notification06/07/2012 LUXEMBOURG25/03/2011Notification24/07/2012 2011Notification-03-MALTE25 country-BAS25/03/2011Notification20/09/2012 POLOGNE25/03/2011Notification PORTUGAL25/03/2011Notification06/02/2012 romania25/03/2011Notification11/07/2012 Kingdom-UNI25/03/2011Notification SLOVAQUIE25/03/2011Notification13/06/2012 SLOVENIE25/03/2011Notification17/10/2011
SUEDE25/03/2011Notification15/06/2012 Czech REP.25/03/2011Notification