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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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9 JULY 2012. - An Act to approve the European Council Decision of 25 March 2011 amending Article 136 of the Treaty on the Functioning of the European Union with regard to a mechanism of stability for Member States whose currency is the euro (1) (2)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 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 mechanism of stability for the Member States whose currency is the euro, will come out its full and full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 9 July 2012.
ALBERT
By the King:
Deputy Prime Minister and Minister for Foreign Affairs, Foreign Trade and European Affairs,
D. REYNDERS
Deputy Prime Minister and Minister of Finance and Sustainable Development, Public Service,
S. VANACKERE
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Notes
(1) Session 2011-2012.
Senate
Documents:
Bill tabled on 15 March 2012, No. 5-1536/1.
Report, no. 5-1536/2.
Annales parlementaire
Discussion, session of 10/05/2012.
Vote, session of 10/05/2012.
House of Representatives
Documents:
Project transmitted by the Senate, No. 53-2189/1.
Report on behalf of Commission 53-2189/2.
Text adopted in plenary and subject to Royal Assent, No. 53-2189/3.
Annales parlementaire
Discussion, session of 14/06/2012.
Vote, meeting of 14/06/2012.
(2) See the Decree of the Flemish Community/ Flemish Region of 6 July 2012 (Belgian Monitor of 17 August 2012), the Decree of the French Community of 20 December 2011 (Belgian Monitor of 24 January 2012), the Decree of the German-speaking Community of 19 March 2012 (Belgian Monitor of 18 April 2012), the Decree of the Walloon Region of 12 January 2012 (Belgian Museum of 26 January 2012),

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 mechanism of stability for Member States whose currency is the euro
THE EUROPEAN COUNCIL
Having regard to the Treaty on the European Union, including Article 48, paragraph 6,
Considering the draft revision of Article 136 of the Treaty on the Functioning of the European Union submitted to the European Council by the Belgian Government on 16 December 2010,
Considering the opinion of the European Parliament (1),
Considering the opinion of the European Commission (2),
after obtaining the opinion of the European Central Bank (3),
Considering the following:
(1) Article 48, paragraph 6, of the Treaty on the European Union (TEU) authorizes the European Council, unanimously deciding after consultation with the European Parliament, the Commission and, in some cases, the European Central Bank, 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 cannot increase the competence assigned to the Union in the treaties and its entry into force is subject to its subsequent approval by the Member States, in accordance with their respective constitutional rules.
(2) At the meeting of the European Council on 28 and 29 October 2010, the Heads of State or Government agreed that it was necessary for the Member States to establish a permanent crisis management mechanism to preserve the financial stability of the euro zone as a whole and invited the President of the European Council to consult with the members of the European Council on a limited amendment of the treaty necessary for this purpose.
(3) On 16 December 2010, the Belgian government submitted, in accordance with Article 48, paragraph 6, the first paragraph, of the TEU, a draft for the revision of Article 136 of the TFEU, consisting of adding a paragraph providing that the Member States whose currency is the euro may establish a mechanism of stability that will be activated if it is essential to preserve the stability of the euro zone as a whole and that the granting, under the strict financial condition, of any
At the same time, the European Council adopted conclusions on the future stability mechanism (items 1 to 4).
(4) The stability mechanism will be the instrument necessary to deal with situations in which the financial stability of the euro zone as a whole is threatened, as was the case in 2010, and will thus contribute to preserving the economic and financial stability of the Union itself. At its meeting on 16 and 17 December 2010, the European Council agreed that, since this mechanism is designed to preserve the financial stability of the euro zone as a whole, it will no longer be useful to use Article 122, paragraph 2, of the TFEU for these purposes. The Heads of State or Government therefore 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 paragraph, of the TEU, to consult the European Parliament and the Commission on the draft. It also decided to consult the European Central Bank. The European Parliament (1), the Commission (2) and the European Central Bank (3) issued an opinion on the draft.
(6) The amendment concerns a provision of Part 3 of the TFEU and does not increase the competence assigned to the Union in treaties,
I'm sorry.
Article 1
In 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 can establish a stability mechanism that will be activated if it is essential to preserve the stability of the euro zone as a whole. The granting of any necessary financial assistance under the mechanism will be subject to strict conditionality. »
Article 2
The Member States shall promptly notify the Secretary General of the Council of the fulfilment of the procedures required by their respective constitutional rules for the approval of this decision.
This decision comes into force on 1er January 2013, provided that all notifications referred to in the first paragraph were received or, if not, on the first day of the month following receipt of the last notification referred to in the first paragraph.
Article 3
This decision is published in the Official Journal of the European Union.
Done in Brussels on 25 March 2011.
By the European Council,
The President
H. VAN ROMPUY
____
Notes
(1) Notice of March 23, 2011 (not yet published in the Official Gazette).
(2) Opinion of 15 February 2011 (not yet published in the Official Gazette).
(3) Notice of March 17, 2011 (not yet published in the Official Gazette).

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 mechanism of stability for Member States whose currency is the euro