Key Benefits:
The President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
In light of articles 52 to 55 of the Constitution;
In view of Act No. 2001-603 of 10 July 2001 authorising the ratification of the Treaty of Nice amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts;
In view of Decree No. 53-192 of 14 March 1953, as amended concerning the ratification and publication of international commitments entered into by France;
Having regard to Decree No. 58-84 of 28 January 1958 on the publication of the Treaty establishing the Economic Community European and Treaty establishing the European Atomic Energy Community, signed on 25 March 1957;
In view of Decree No 87-990 of 4 December 1987 on the publication of the Single European Act, signed in Luxembourg on 17 February 1986 and in The Hague 28 February 1986;
In view of Decree No. 94-80 of 18 January 1994 on the publication of the Treaty on European Union, signed at Maastricht on 7 February 1992;
In view of Decree No. 99-438 of 28 May 1999 on the publication of the Treaty of Amsterdam amending The Treaty on European Union, the Treaties establishing the European Communities and certain related acts, signed on 2 October 1997,
Describes:
The Treaty of Nice amending the Treaty on European Union, the Treaties establishing the European Communities and Certain related acts, signed on 26 February 2001, will be published in the Official Journal of the French Republic.
The First Minister and the Minister for Foreign Affairs shall each have responsibility for the execution of this Decree, which shall be published in the Official Journal of the French Republic.
NICE TREATY
AMENDING THE TREATY ON EUROPEAN UNION, THE TREATIES ESTABLISHING THE EUROPEAN COMMUNITIES AND CERTAIN RELATED ACTS
Her Majesty the King Belgians;
Her Majesty the Queen of Denmark;
The President of the Federal Republic of Germany;
The President of the Hellenic Republic;
Her Majesty the King of Spain;
The President of the French Republic;
La President of Ireland;
The President of the Italian Republic;
His Royal Highness the Grand Duke of Luxembourg;
Her Majesty the Queen of the Netherlands;
The Federal President of the Republic of Austria;
The President of the Republic of Italy Portuguese Republic;
The President of the Republic of Finland;
Her Majesty the King of Sweden;
Her Majesty the Queen in the United Kingdom of Great Britain and Northern Ireland,
Recalling the Historical Significance of the End of the Division The European continent;
To complement the process launched by the Treaty of Amsterdam with a view to preparing the institutions of the European Union to function in an enlarged Union;
Determined to move forward, on this basis, with the Accession negotiations in order to achieve a successful conclusion, in accordance with the procedure laid down in the Treaty on European Union,
Have agreed to amend the Treaty on European Union, the Treaties establishing the Communities European and certain related acts,
and have designated to this effect as Plenipotentiaries:
Her Majesty the King of the Belgians:
Mr. Louis Michel, Deputy Prime Minister and Minister for Foreign Affairs;
Her Majesty the Queen of Denmark :
Mr. Mogens Lykketoft, Minister for Foreign Affairs;
The President of the Federal Republic of Germany:
Mr. Joseph Fischer, Federal Minister for Foreign Affairs and Vice-Chancellor;
The President of the Hellenic Republic :
M. Georgios Papandreou, Minister for Foreign Affairs;
His Majesty the King of Spain:
M. Josep Pique i Camps, Minister for Foreign Affairs;
The President of the French Republic:
Mr. Hubert Vedrine, Minister of Foreign Affairs;
The President of Ireland:
Mr. Brian Cowen, Minister for Foreign Affairs;
The President of the Italian Republic:
Mr. Lamberto Dini, Minister for Foreign Affairs;
His Royal Highness the Grand Duke of Luxembourg:
Ms Lydie Polfer, Deputy Prime Minister, Minister for Foreign Affairs and Foreign Trade;
Her Majesty the Queen in the Netherlands:
Mr Jozias Johannes van Aartsen, Minister for Foreign Affairs;
Le Federal President of the Republic of Austria:
Ms Benita Ferrero-Waldner, Federal Minister for Foreign Affairs;
The President of the Portuguese Republic:
Mr Jaime Gama, Minister of State, Minister for Foreign Affairs;
La President of the Republic of Finland:
M. Erkki Tuomioja, Minister for Foreign Affairs;
Her Majesty the King of Sweden:
Mrs. Anna Lindh, Minister for Foreign Affairs;
Her Majesty the Queen in the United Kingdom of Great Britain and From Northern Ireland:
Mr. Robin Cook, Minister of Foreign and Commonwealth Affairs,
Leswhom, after having exchanged their full and duly recognized powers,
Have agreed on the following provisions:
PART ONE PART
AMENDMENTS
Article 1
The Treaty on European Union is amended in accordance with the provisions of this Article.
1 ° Article 7 is replaced by the following:
"Article 7
" 1. On a reasoned proposal by one third of the Member States, the European Parliament or the Commission, the Council, acting by a majority of four fifths of its members after the assent of the European Parliament, may find that there is a clear risk A Member State of a serious breach of principles laid down in Article 6 (1) and shall make appropriate recommendations to it. Before making such a finding, the Council shall hear the Member State in question and may, acting in accordance with the same procedure, request independent persons to submit a report on the situation in the Member State within a reasonable period of time In question.
" The Council shall regularly check whether the grounds for such a finding remain valid.
" 2. The Council, meeting at the level of the Heads of State or Government and acting unanimously on the proposal of one third of the Member States or of the Commission and after the assent of the European Parliament, may observe the existence of a serious breach and By a Member State of principles laid down in Article 6 (1) after having invited the government of that Member State to make any observations on this
. 3. Where the finding referred to in paragraph 2 has been made, the Council, acting by a qualified majority, may decide to suspend some of the rights deriving from the application of this Treaty to the Member State in question, including voting rights The representative of the Government of that Member State in the Council. In so doing, the Council shall take into account the possible consequences of such a suspension on the rights and obligations of natural and legal
. The obligations of the Member State in question under this Treaty shall remain In any case binding for this state.
" 4. The Council, acting by a qualified majority, may subsequently decide to modify the measures it has taken under paragraph 3 or to put an end to it in order to respond to changes in the situation which led to the imposition of such measures
5. For the purposes of this Article, the Council shall act without taking into account the vote of the representative of the Government of the Member State in question. Abstentions by members present or represented shall not prevent the adoption of the decisions referred to in paragraph 2. A qualified majority shall be defined as the same proportion of the weighted votes of the members of the Council concerned as that laid down in Article 205 (2) of the Treaty establishing the European
. This paragraph is also Applicable in the event of suspension of voting rights in accordance with paragraph 3.
" 6. For the purposes of paragraphs 1 and 2, the European Parliament shall act by a two-thirds majority of the votes cast, representing a majority of its members. "
2 ° Article 17 is replaced by the following text:
" Article 17
" 1. The common foreign and security policy shall include all questions relating to the security of the Union, including the progressive framing of a common defence policy, which could lead to a common defence, if the European Council So decides. It recommends, in this case, to the Member States to adopt such a decision in accordance with their respective constitutional
. The Union's policy within the meaning of this Article shall not affect the specific character of the The security and defence policy of certain Member States, it respects the obligations arising from the North Atlantic Treaty for certain Member States which consider that their common defence is carried out within the framework of the North Atlantic Treaty (NATO) and it is compatible with the common security and defence policy established in this framework.
" The progressive framing of a common defence policy is supported, to the extent that Member States Consider appropriate, through cooperation between them in the field of
. 2. The matters referred to in this Article shall include humanitarian and evacuation missions, peacekeeping missions and the missions of combat forces for crisis management, including peace-keeping
. 3. Decisions having defence implications referred to in this Article shall be taken without prejudice to the policies and obligations referred to in the second paragraph of paragraph
. 4. This Article shall not prevent the development of closer cooperation between two or more Member States at bilateral level, within the framework of the Western European Union (WEU) and NATO, to the extent that such cooperation does not Contraveners the one provided for in this Title and does not interfere with it.
" 5. In order to promote the achievement of the objectives set out in this Article, the provisions of this Article shall be reviewed in accordance with Article 48. "
3 ° In the first subparagraph of Article 23 (2), the following third indent is added:
" -when appointing a special representative in accordance with Article 18 (5). "
4 ° Article 24 is replaced by the following:
" Article 24
" 1. Where it is necessary to conclude an agreement with one or more States or international organisations pursuant to this Title, the Council may authorise the Presidency, assisted, where appropriate, by the Commission, to enter into negotiations at This effect. Such agreements shall be concluded by the Council on the recommendation of the
. 2. The Council shall act unanimously when the agreement covers an issue for which unanimity is required for the adoption of internal
. 3. Where the agreement is envisaged to implement a joint action or a common position, the Council shall act by a qualified majority in accordance with Article 23 (2
. 4. The provisions of this Article shall also apply to matters covered by Title VI. Where the agreement covers an issue for which a qualified majority is required for the adoption of internal decisions or measures, the Council shall act by a qualified majority in accordance with Article 34 (3
. 5. No agreement shall bind a Member State whose representative in the Council declares that it must comply with its own constitutional rules; the other members of the Council may agree that the agreement is nevertheless applicable in title Temporary.
" 6. Agreements concluded in accordance with the conditions laid down in this Article shall be binding on the institutions of the Union. "
5 ° Article 25 is replaced by the following text:
" Article 25
" Without prejudice to Article 207 of the Treaty establishing the European Community, a Political and Security Committee shall follow the International situation in the areas covered by the common foreign and security policy and contributes to the definition of policies by issuing opinions to the Council at the request of the Council or on its own initiative. It shall also monitor the implementation of agreed policies, without prejudice to the competences of the Presidency and the Commission
Within the framework of this Title, the Committee shall exercise, under the responsibility of the Council, political control and Strategic direction for crisis management operations.
" The Council may authorise the Committee, for the purposes of a crisis management operation and for the duration thereof, as determined by the Council, to take the appropriate decisions Concerning the political control and strategic direction of the operation, without prejudice to Article 47. "
6 ° The following items are inserted:
" Item 27 A
" 1. Enhanced cooperation in one of the areas referred to in this Title is intended to safeguard the values and serve the interests of the Union as a whole by affirming its identity as a coherent force on the scene International. They respect:
" -the principles, objectives, general guidelines and coherence of the common foreign and security policy and the decisions taken within the framework of this policy;
' -the skills of the European Community, and
" -coherence between all the Union's policies and its external
. 2. Articles 11 to 27 and Articles 27 B to 28 shall apply to enhanced cooperation provided for in this Article, unless otherwise provided for in Article 27 C and Articles 43 to 45.
" Article 27 B
" Enhanced cooperation under this Title shall relate to the implementation of a joint action or a common position. They cannot cover issues with military or defence implications.
"Article 27 C
" The Member States proposing to establish a Enhanced cooperation under Article 27 B makes such a request to the Council
The request shall be forwarded to the Commission and, for information, to the European Parliament. The Commission gives its opinion, in particular, on the coherence of the enhanced cooperation envisaged with the policies of the Union. The authorisation shall be granted by the Council, acting in accordance with the second and third subparagraph of Article 23 (2), in accordance with Articles 43 to 45.
"Article 27 D
" Without prejudice to The Presidency and the Commission, the Secretary-General of the Council, High Representative for the Common Foreign and Security Policy, shall in particular ensure that the European Parliament and all Council members are Fully informed of the implementation of enhanced cooperation in the field of the common foreign and security policy.
"Article 27 E
" Any Member State wishing to participate in a Enhanced cooperation established pursuant to Article 27 C shall notify its intention to the Council and inform the Commission thereof. The Commission shall deliver an opinion to the Council within three months from the date of receipt of the notification. Within four months from the date of receipt of the notification, the Council shall decide on the application as well as on any particular provisions it may deem necessary. The decision shall be deemed to have been approved, unless the Council, acting by a qualified majority within that same period, decides to hold it in abey; in that case, the Council shall indicate the reasons for its decision and set a time limit for its review
To Of this Article, the Council shall act by a qualified majority. A qualified majority shall be defined as the same proportion of the weighted votes and the same proportion of the number of the members concerned of the Council as those laid down in the third subparagraph of Article 23 (2). "
7 ° In the second paragraph of Article 29, the second indent is replaced by the following:
" -closer cooperation between the judicial authorities and other competent authorities of the Member States, including through The European Judicial Cooperation Unit (Eurojust), in accordance with Articles 31 and 32; "
8 ° Article 31 shall be replaced by the following:
" Article 31
" 1. Joint action in the field of judicial cooperation in criminal matters relates, inter alia, to:
(a) To facilitate and accelerate cooperation between the ministries and the competent judicial or equivalent authorities of the Member States, Including, where appropriate, through Eurojust, with regard to the procedure and execution of decisions;
" (b) Facilitating extradition between Member States;
(c) To ensure, to the extent necessary, The improvement of this cooperation, the compatibility of the rules applicable in the Member States;
(d) Preventing conflicts of competence between member states;
" (e) Gradually adopt measures establishing minimum rules Relating to the constituent elements of criminal offences and the penalties applicable in the fields of organised crime, terrorism and drug
. 2. The Council encourages cooperation through Eurojust in:
" (a) To enable Eurojust to contribute to good coordination between the national authorities of the Member States responsible for prosecution;
" (b) Supporting the competition Eurojust in investigations into cases of serious cross-border crime, in particular in cases of organised crime, taking into account, in particular, analyses carried out by Europol;
' (c) Facilitating close cooperation Eurojust with the European Judicial Network, in particular to facilitate the execution of letters rogatory and the implementation of extradition requests. "
9 ° Article 40 is replaced by the following Articles 40, 40 A and 40 B:
" Article 40
" 1. Enhanced cooperation in one of the areas referred to in this Title is intended to enable the Union to become more rapidly an area of freedom, security and justice while respecting the competences of the European Community And the objectives set by this title.
" 2. Articles 29 to 39 and Articles 40 A, 40 B and 41 shall apply to enhanced cooperation provided for in this Article, unless otherwise provided for in Article 40 A and Articles 43 to 45.
" 3. The provisions of the Treaty establishing the European Community relating to the jurisdiction of the Court of Justice and the exercise of that jurisdiction shall apply to this Article and to Articles 40 A and 40 B.
" Article 40 A
" 1. Member States proposing to establish enhanced cooperation between them under Article 40 shall send a request to the Commission, which may submit a proposal to the Council to that effect. If the Commission does not submit a proposal, the Commission shall communicate the reasons to the Member States concerned. They may then submit to the Council an initiative to obtain authorisation for the enhanced cooperation in question.
" 2. The authorisation referred to in paragraph 1 shall be granted, in accordance with Articles 43 to 45, by the Council, acting by a qualified majority on a proposal from the Commission or on the initiative of at least eight Member States and after consulting Parliament European. The votes of the members of the Council shall be weighted according to Article 205 (2) of the Treaty establishing the European
. A member of the Council may request that the European Council be seized. After such reference, the Council may act in accordance with the first paragraph of this paragraph.
"Article 40 B
" Any Member State which wishes to participate in enhanced cooperation established in Article 40 A shall notify its intention to the Council and the Commission, which shall transmit to the Council, within three months from the date of receipt of the notification, an opinion possibly accompanied by a recommendation relating to Special provisions which it may deem necessary for the Member State concerned to participate in the cooperation in question. The Council shall decide on the application within four months from the date of receipt of the notification. The decision shall be deemed to have been approved, unless the Council, acting by a qualified majority within that same period, decides to hold it in abey; in that case, the Council shall indicate the reasons for its decision and set a time limit for its review
To For the purposes of this Article, the Council shall act under the conditions laid down in Article 44 (1). "
10 ° (does not apply to the French version).
11 ° Article 43 is replaced by the following:
" Article 43
" Member States proposing to establish cooperation between them May make use of the institutions, procedures and mechanisms provided for in this Treaty and the Treaty establishing the European Community, provided that the cooperation envisaged:
" (a) To promote the achievement of the objectives of The Union and the Community, to preserve and serve their interests and to strengthen their integration process;
' (b) Respect those treaties and the single institutional framework of the Union;
" (c) Respect the acquis communautaire and the Measures taken under the other provisions of the said Treaties;
(d) Rest within the limits of the powers of the Union or of the Community and shall not cover matters falling within the exclusive competence of the Community;
' (e) Door No infringement of the internal market as defined in Article 14 (2) of the Treaty establishing the European Community, nor on economic and social cohesion established in accordance with Title XVII of the Treaty;
' (f) Does not constitute an obstacle Or discrimination in trade between Member States and does not distort competition between Member States;
" (g) A minimum of eight member states;
" (h) Respect the competences, rights and obligations of member States which Do not participate;
" (i) Does not affect the provisions of the Protocol integrating the Schengen acquis into the framework of the European Union;
" (j) Open to all Member States in accordance with Article 43 B. "
12 ° Articles :
"Item 43 A
" Enhanced cooperation can only be undertaken as a last resort, when it has been established in the Council that the objectives assigned to them Cannot be reached within a reasonable time by applying the relevant provisions of the treaties.
"Article 43 B
" When they are introduced, the enhanced cooperatives are open to All member states. They are also at any time, in accordance with Articles 27 E and 40 B of this Treaty and Article 11a of the Treaty establishing the European Community, subject to the initial decision and the decisions taken in that framework. The Commission and the Member States participating in enhanced cooperation shall encourage the participation of as many Member States as possible. "
13 ° Article 44 is replaced by the following Articles 44 and 44 A:
" Article 44
" 1. For the purposes of adopting the acts and decisions necessary for the implementation of enhanced cooperation referred to in Article 43, the relevant institutional provisions of this Treaty and of the Treaty establishing the European Community shall apply. However, while all members of the Council may participate in the deliberations, only those representing Member States participating in enhanced cooperation shall take part in the adoption of decisions. A qualified majority shall be defined as the same proportion of the weighted votes and the same proportion of the number of the members concerned of the Council as those laid down in Article 205 (2) of the Treaty establishing the European Community and the Article 23, paragraph 2, second and third paragraphs of this Treaty with regard to enhanced cooperation established on the basis of Article 27 C. Unanimity shall be constituted by the votes of the only members concerned of the Council
Such acts and Decisions are not part of the acquis of the Union
2. Member States shall apply, to the extent that they are concerned, the acts and decisions taken for the implementation of the enhanced cooperation to which they participate. Such acts and decisions shall be binding only on the participating Member States and shall, where appropriate, be directly applicable only in those States. Member States not participating in enhanced cooperation shall not hinder its implementation by the participating Member States.
"Article 44 A
" Expenditure resulting from implementation Enhanced cooperation, other than the administrative costs entailed for the institutions, shall be borne by the participating Member States, unless the Council, acting unanimously by all its members after consulting Parliament European, does not decide otherwise. "
14 ° Article 45 is replaced by the following text:
" Article 45
" The Council and the Commission shall ensure the consistency of the actions taken on the basis of this Title, as well as the Coherence of these actions with the policies of the Union and the Community, and shall cooperate to that end. "
15 ° Article 46 is replaced by the following text:
" Article 46
" The provisions of the Treaty establishing the European Community, of the Treaty establishing the European Coal Community and Of the steel and the Treaty establishing the European Atomic Energy Community which relate to the jurisdiction of the Court of Justice of the European Communities and to the exercise of that competence shall apply only to the following provisions Of this Treaty:
" (a) Provisions amending the Treaty establishing the European Economic Community with a view to establishing the European Community, the Treaty establishing the European Coal and Steel Community and the Treaty Establishing the European Atomic Energy Community;
" (b) The provisions of Title VI, under the conditions laid down in Article 35;
" (c) The provisions of Title VII, under the conditions laid down in Articles 11 and 11 A of the Treaty Establishing the European Community and Article 40 of this Treaty;
(d) Article 6 (2) as regards the action of the institutions, to the extent that the Court has jurisdiction under the Treaties establishing the Communities European and this Treaty;
" (e) The only procedural requirements contained in Article 7, the Court, acting at the request of the Member State concerned and within one month from the date of the finding of the Council By this article;
" (f) Articles 46 to 53. "
Article 2
The Treaty establishing the European Community is amended in accordance with the provisions of this Article.
1 ° Article 11 is replaced by the following Articles 11 and 11 A:
"Article 11
" 1. Member States which propose to establish enhanced cooperation among themselves in one of the areas covered by this Treaty shall apply to the Commission, which may submit a proposal to the Council to that effect. If the Commission does not submit a proposal, the Commission shall communicate the reasons to the Member States
. 2. The authorisation to carry out enhanced cooperation referred to in paragraph 1 shall be granted, in accordance with Articles 43 to 45 of the Treaty of the European Union, by the Council, acting by a qualified majority on a proposal from the Commission and after Consultation of the European Parliament. Where enhanced cooperation relates to an area covered by the procedure referred to in Article 251 of this Treaty, the assent of the European Parliament shall be required
A member of the Council may request that the European Council be seized. After such reference, the Council may act in accordance with the first subparagraph of this paragraph
3. The acts and decisions necessary for the implementation of enhanced cooperation actions shall be subject to all the relevant provisions of this Treaty, except as otherwise provided in this Article and Articles 43 to 45 of the Treaty on Union European.
"Article 11 A
" Any Member State which wishes to participate in enhanced cooperation established pursuant to Article 11 shall notify its intention to the Council and the Commission, which shall transmit A notice to the Council within three months of the date of receipt of the notification. Within four months from the date of receipt of the notification, the Commission shall take a decision on its subject matter and on any particular provisions it may deem necessary. "
2 ° In Article 13, the current text becomes paragraph 1 and the following paragraph 2 is added:
" 2. By way of derogation from paragraph 1, when the Council adopts Community incentive measures, excluding any harmonisation of the laws and regulations of the Member States, in support of the actions of the Member States In order to contribute to the achievement of the objectives referred to in paragraph 1, it shall act in accordance with the procedure referred to in Article 251. "
3 ° Article 18 is replaced by the following text:
" Article 18
" 1. Every citizen of the Union shall have the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in this Treaty and by the provisions adopted for its application
2. If action by the Community appears necessary to achieve that objective, and unless this Treaty has provided for powers of action to that effect, the Council may adopt provisions to facilitate the exercise of the rights referred to in paragraph 1. It shall act in accordance with the procedure referred to in Article 251.
' 3. Paragraph 2 shall not apply to provisions relating to passports, identity cards, residence permits or other related documents, or to provisions concerning social security or social protection. "
4 ° In Article 67, the following paragraph is added:
" 5. By way of derogation from paragraph 1, the Council shall adopt in accordance with the procedure referred to in Article 251:
' -the measures provided for in Article 63 (1) and (2), provided that the Council has previously adopted and in accordance with paragraph 1 of the A Community legislation laying down common rules and the essential principles governing these matters;
" -the measures provided for in Article 65, excluding aspects relating to family law. "
5 ° Article 100 is replaced by the following text:
" Article 100
" 1. Without prejudice to the other procedures provided for in this Treaty, the Council, acting by a qualified majority on a proposal from the Commission, may decide on measures appropriate to the economic situation, in particular if serious difficulties Occur in the supply of certain products.
" 2. Where a Member State is experiencing difficulties or a serious threat of serious difficulties, due to natural disasters or exceptional events beyond its control, the Council, acting by a qualified majority on a proposal from the Commission may grant, under certain conditions, Community financial assistance to the Member State concerned. The President of the Council shall inform the European Parliament of the decision taken. "
6 ° In Article 111, paragraph 4 is replaced by the following:
" 4. Subject to paragraph 1, the Council, acting by a qualified majority on a proposal from the Commission and after consulting the ECB, shall decide on the position of the Community at international level with regard to matters which Shall be of particular interest to the Economic and Monetary Union and its representation, in accordance with the division of powers provided for in Articles 99 and 105. "
7 ° In Article 123, paragraph 4 is replaced by the following:
" 4. On the date of entry into force of the third stage, the Council, acting unanimously by the Member States not subject to a derogation, on a proposal from the Commission and after consulting the ECB, shall adopt the conversion rates to which Their currencies are irrevocably fixed and the irrevocably fixed rate to which the ecu replaces these currencies, and the ecu will be a currency in its own right. This measure does not, in itself, alter the external value of the shield. The Council, acting by a qualified majority of the said Member States on a proposal from the Commission and after consulting the ECB, shall take the other measures necessary for the rapid introduction of the ECU as the single currency of those Member States. The second sentence of Article 122 (5) applies. "
8 ° Article 133 is replaced by the following:
" Article 133
" 1. The common commercial policy is based on uniform principles, in particular as regards tariff changes, the conclusion of tariff and trade agreements, the standardisation of liberalisation measures, export policy, Trade defence measures, including those to be taken in the event of dumping and subsidies.
" 2. For the implementation of the common commercial policy, the Commission shall submit proposals to the Council
3. If agreements with one or more states or international organisations are to be negotiated, the Commission shall make recommendations to the Council, which shall authorise it to open the necessary negotiations. It is for the Council and the Commission to ensure that the negotiated agreements are compatible with the Community's internal policies and
. These negotiations are conducted by the Commission in consultation with a committee Appointed by the Council to assist it in this task and within the framework of the directives that the Council may address to it. The Commission shall report regularly to the Special Committee on the state of progress of the negotiations
The relevant provisions of Article 300 shall apply.
" 4. In exercising the powers conferred on it by this Article, the Council shall act by a qualified
. 5. Paragraphs 1 to 4 shall also apply to the negotiation and conclusion of agreements in the fields of trade in services and commercial aspects of intellectual property, to the extent that such agreements are not covered by those agreements. Paragraphs and without prejudice to paragraph 6.
" By way of derogation from paragraph 4, the Council shall act unanimously for the negotiation and conclusion of an agreement in one of the areas referred to in the first subparagraph, where that agreement includes Provisions for which unanimity is required for the adoption of internal rules, or where such an agreement relates to an area in which the Community has not yet exercised, by adopting internal rules, its powers under this Processed.
" The Council shall act unanimously for the negotiation and conclusion of an agreement of a horizontal nature, insofar as it also concerns the preceding subparagraph or the second subparagraph of paragraph
. This paragraph does not cover Infringement of the right of Member States to maintain and conclude agreements with third countries or international organisations, provided that such agreements comply with Community law and other relevant international
. " 6. An agreement may not be concluded by the Council if it includes provisions which exceed the internal powers of the Community, in particular by harmonising the laws or regulations of the Member States in a Domain where this Treaty excludes such harmonization.
" In this respect, by way of derogation from the first subparagraph of paragraph 5, agreements in the field of trade in cultural and audiovisual services, education services, and Social services and human health are the responsibility of the Community and its Member States. Therefore, their negotiation requires, in addition to a Community decision taken in accordance with the relevant provisions of Article 300, the common agreement of the Member States. The agreements thus negotiated shall be concluded jointly by the Community and by the Member
. The negotiation and conclusion of international agreements in the field of transport shall remain subject to the provisions of Title V and Article 300.
" 7. Without prejudice to the first subparagraph of paragraph 6, the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, may extend the application of paragraphs 1 to 4 to international negotiations and agreements Relating to intellectual property, to the extent that they are not covered by paragraph 5. "
9 ° Article 137 is replaced by the following:
" Article 137
" 1. In order to achieve the objectives referred to in Article 136, the Community shall support and complement the action of the Member States in the following
: (a) The improvement, in particular, of the workplace to protect the health and safety of the Workers;
" (b) Working conditions;
" (c) Social security and social protection of workers;
" (d) Protection of workers in the event of termination of the employment contract;
" (e) Information and Worker consultation;
" (f) Representation and collective defence of the interests of workers and employers, including co-management, subject to paragraph 5;
" (g) Conditions of employment of nationals of countries Third parties residing legally in the territory of the Community;
" (h) Integration of persons excluded from the labour market, without prejudice to article 150;
" (i) Equal opportunities for men and women On the labour market and processing in the workplace;
" (j) Combating social exclusion;
" K) the modernisation of social protection systems, without prejudice to point c.
" 2. To this end, the Council:
" (a) May adopt measures to encourage cooperation between Member States through initiatives aimed at improving knowledge, developing exchanges of information and best practices, Promote innovative approaches and evaluate experiences, excluding any harmonisation of the laws and regulations of the Member States;
" (b) May arrest in the areas referred to in paragraph 1, points a to i, Directives, minimum requirements gradually applicable, taking into account the conditions and technical regulations in each of the Member States. These guidelines avoid imposing administrative, financial and legal constraints as they would thwart the creation and development of small and medium-sized
. The Council shall act in accordance with the procedure referred to in Article 251 after consultation of the Economic and Social Committee and the Committee of the Regions, except in the areas referred to in paragraph 1, points c, d, f and g, of this Article, where the Council acts unanimously on a proposal from the Commission, after Consultation of the European Parliament and the said committees. The Council, acting unanimously on a proposal from the Commission after consulting the European Parliament, may decide to make the procedure referred to in Article 251 applicable to paragraph 1, points d, f and g, of this
. 3. A Member State may entrust the social partners, at their joint request, with the implementation of the directives adopted pursuant to paragraph 2
In this case, it shall ensure that, at the latest by the date on which a directive is to be Transposed in accordance with Article 249, the social partners have put in place the necessary provisions by way of agreement, the Member State concerned having to make any necessary arrangements enabling it to be at all times able to guarantee The results imposed by this directive.
" 4. The provisions adopted under this Article:
" -shall not affect the right of Member States to define the fundamental principles of their social security system and shall not affect them significantly Financial balance;
" -shall not prevent a Member State from maintaining or establishing more stringent protective measures compatible with this Treaty
5. The provisions of this Article shall not apply to remuneration, the right of association, the right to strike or the right of lock-out. "
10 ° In Article 139 (2), the second subparagraph is replaced by the following:
" The Council shall act by a qualified majority, except where the agreement in question contains one or more provisions relating to one of the areas for Which unanimity is required under Article 137 (2). In that case, the Council shall act unanimously. "
11 ° Article 144 is replaced by the following:
" Article 144
The Council, after consulting the European Parliament, shall establish a Social Protection Committee of a consultative nature In order to promote cooperation on social protection between Member States and with the Commission. The mission of the committee is:
" -to monitor the social situation and the development of social protection policies in the Member States and in the Community;
-facilitate the exchange of information, experience and good practice Between Member States and with the Commission;
" -without prejudice to Article 207, to prepare reports, formulate opinions or undertake other activities in the fields within its competence, either at the request of the Council or The Commission, on its own initiative.
" In carrying out its mandate, the Committee shall establish appropriate contacts with the social
. Each Member State and the Commission shall appoint two members of the Committee. "
12 ° In Article 157, paragraph 3 is replaced by the following:
" 3. The Community shall contribute to the achievement of the objectives referred to in paragraph 1 through its policies and actions under other provisions of this Treaty. The Council, acting in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social Committee, may decide on specific measures to support the actions taken in the Member States in order to achieve the objectives Referred to in paragraph 1
This Title shall not constitute a basis for the introduction by the Community of any measure which may lead to distortion of competition or which includes tax provisions or provisions relating to Rights and interests of employed persons. "
13 ° In Article 159, the third paragraph shall be replaced by the following:
" If specific actions are necessary outside the funds, and without prejudice to the measures decided under the other Community policies, Such actions may be adopted by the Council, acting in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social Committee and the Committee of the Regions. "
14 ° In Article 161, the following third paragraph is added:
" From 1 January 2007, the Council shall act by a qualified majority on a proposal from the Commission, after the assent of the European Parliament and after consulting the Committee And the Committee of the Regions in the event that the multiannual financial perspective applicable from 1 January 2007 and the relevant interinstitutional agreement were adopted on that date. If that is not the case, the procedure provided for in this paragraph shall apply from the date of their adoption. "
15 ° In Article 175, paragraph 2 is replaced by the following:
" 2. By way of derogation from the decision procedure provided for in paragraph 1 and without prejudice to Article 95, the Council, acting unanimously on a proposal from the Commission, after consulting the European Parliament, the Economic and Social Committee and the Committee Regions, stops:
" (a) Provisions essentially of a fiscal nature;
" B) Measures affecting:
" -land use planning;
" -the quantitative management of water resources or directly or indirectly Indirectly the availability of those resources;
" -land use, except waste management;
" (c) Measures significantly affecting the choice of a Member State between different energy sources and the structure General energy supply.
" The Council, acting in accordance with the conditions laid down in the first subparagraph, may define the matters referred to in this paragraph for which decisions must be taken by a majority Qualified. "
16 ° A the third part, the following title is added:
" TITLE XXI
"ECONOMIC,
AND TECHNICAL COOPERATION WITH THIRD COUNTRIES
" Article 181a
" 1. Without prejudice to the other provisions of this Treaty, and in particular those of Title XX, the Community shall, within the framework of its powers, take measures of economic, financial and technical cooperation with third countries. These actions are complementary to those carried out by the Member States and consistent with the Community's development
. Community policy in this field contributes to the overall objective of development and The consolidation of democracy and the rule of law, as well as the objective of respect for human rights and fundamental
. 2. The Council, acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament, shall adopt the measures necessary for the implementation of paragraph 1. The Council shall act unanimously for the association agreements referred to in Article 310 and for the agreements to be concluded with the States applying for accession to the Union
3. Within the framework of their respective powers, the Community and the Member States shall cooperate with third countries and competent international organisations. The arrangements for Community cooperation may be the subject of agreements between the Community and the third parties concerned, which shall be negotiated and concluded in accordance with Article 300
The first paragraph shall not prejudice the competence of States Members to negotiate in international forums and conclude international agreements. "
17 ° In Article 189, the second paragraph shall be replaced by the following:
" The number of Members of the European Parliament shall not exceed seven hundred and thirty-two. "
18 ° In Article 190, paragaph 5 is replaced by the following:
" 5. The European Parliament shall lay down the statute and general conditions for the exercise of the functions of its members, after obtaining the opinion of the Commission and with the approval of the Council, acting by a qualified majority. Any rule or condition relating to the tax system of members or former members shall be subject to unanimity within the Council. "
19 ° In Article 191, the following second paragraph is added:
" The Council, acting in accordance with the procedure referred to in Article 251, shall determine the status of political parties at European level, in particular the rules relating to their Funding. "
20 ° In Article 207, paragraph 2 is replaced by the following:
" 2. The Council shall be assisted by a General Secretariat, under the responsibility of a Secretary-General, High Representative for Foreign and Security Policy, assisted by a Deputy Secretary-General for the Management of the Secretariat General. The Secretary-General and the Deputy Secretary-General shall be appointed by the Council, acting by a qualified
. The Council shall decide on the organization of the General Secretariat. "
21 ° Article 210 is replaced by the following:
" Article 210
" The Council, acting by a qualified majority, shall fix the salaries, allowances and pensions of the President and the members of the The Commission, the President, the Judges, the Advocates General and the Registrar of the Court of Justice, as well as the members and the Registrar of the Court of First Instance. It shall also, by the same majority, fix any compensation in lieu of remuneration. "
22 ° In Article 214, paragraph 2 is replaced by the following:
" 2. The Council, meeting at the level of Heads of State or Government and acting by a qualified majority, shall designate the person it intends to appoint as President of the Commission; this designation shall be approved by the European
. The Council, acting by a qualified majority and by common agreement with the President-designate, shall adopt the list of other persons whom it intends to appoint as members of the Commission, drawn up in accordance with the proposals made by each State Member.
" The President and the other members of the Commission so appointed shall be subject, as a college, to a vote of approval by the European Parliament. After the approval of the European Parliament, the President and the other members of the Commission shall be appointed by the Council, acting by a qualified majority. "
23 ° Article 215 is replaced by the following:
" Article 215
" Outside of regular renewals and deaths, the duties of a member of the Commission shall be terminated Individually through voluntary or ex officio resignation.
" The resigned or deceased member shall be replaced for the remainder of the term of office of a new member appointed by the Council, acting by a qualified majority. The Council, acting unanimously, may decide that there is no substitute.
" In the event of voluntary resignation, resignation of office or death, the President shall be replaced for the remainder of the term of office. The procedure laid down in Article 214 (2) shall apply for its replacement
Except in the case of an ex officio resignation provided for in Article 216, the members of the Commission shall remain in office until such time as they are replaced or Until the Council decides that there is no replacement, in accordance with the second paragraph of this Article. "
24 ° Section 217 is replaced by the following text:
" Article 217
" 1. The Commission shall carry out its task in accordance with the political guidelines laid down by its President, which shall decide on its internal organisation in order to ensure the coherence, effectiveness and collegiality of its action
2. The responsibilities of the Commission are structured and distributed among its members by the President. The Chairperson may reshuffle the allocation of these responsibilities during the term of office. The members of the Commission shall carry out the functions assigned to them by the President under the authority of the
. 3. After approval by the College, the President shall appoint Vice-Presidents from among the members of the Commission
4. A member of the Commission shall resign if the President so requests, after the approval of the College. "
25 ° In Article 219, the first paragraph is deleted.
26 ° Article 220 is replaced by the following:
" Article 220
" The Court of Justice and the Court of First Instance shall ensure, Within the framework of their respective powers, respect for the law in the interpretation and application of this Treaty
In addition, judicial panels may be attached to the Court of First Instance under conditions Under Article 225 A in order to exercise, in certain specific areas, the jurisdictional powers provided for in this Treaty. "
27 ° Article 221 is replaced by the following text:
" Article 221
" The Court of Justice shall be composed of one judge per Member
. The Court of Justice shall sit in chambers or in large chambers, In accordance with the rules laid down for that purpose by the Statute of the Court of
. When the Statute provides for it, the Court of Justice may also sit in plenary. "
28 ° Article 222 is replaced by the following:
" Article 222
" The Court of Justice shall be assisted by eight Advocates-General. If the Court of Justice so requests, the Council, acting unanimously, may increase the number of Advocates
. The role of the Advocate General is to present publicly, impartially and independently, reasoned conclusions On cases which, in accordance with the Statute of the Court of Justice, require its intervention. "
29 ° Article 223 is replaced by the following text:
" Article 223
" Judges and Advocates-General of the Court of Justice, chosen from among persons offering all guarantees And that meet the requirements for the exercise, in their respective countries, of the highest judicial functions, or who are jurisconsults of recognised competence, shall be appointed by mutual agreement for six Years by the governments of member states.
" A partial renewal of the Judges and Advocates-General shall take place every three years under the conditions laid down by the Statute of the Court of
. The judges are among them, for three President of the Court of Justice. Its mandate is renewable.
" Retiring Judges and Advocates General may be reappointed.
" The Court of Justice shall appoint its Registrar, whose status shall be
. The Court of Justice shall establish its Rules of Procedure. This Regulation shall be subject to the approval of the Council, acting by a qualified majority. "
30 ° Article 224 is replaced by the following text:
" Article 224
" The Court of First Instance shall have at least one judge per Member State. The number of judges is fixed by the Statute of the Court of Justice. The Statute may provide that the Court of First Instance shall be assisted by Advocates
. The members of the Court of First Instance shall be chosen from persons offering all the guarantees of independence and having the required capacity for the exercise of High judicial functions. They shall be appointed by common accord for six years by the governments of the Member States. A partial renewal takes place every three years. Retiring members can be reappointed.
" The Judges shall appoint, for a period of three years, the President of the Court of First Instance. Its mandate is renewable.
" The Court of First Instance shall appoint its Registrar, whose status shall be
. The Court of First Instance shall establish its Rules of Procedure in agreement with the Court of Justice. This Regulation shall be subject to the approval of the Council, acting by a qualified
. Unless the Statute of the Court of Justice provides otherwise, the provisions of this Treaty relating to the Court of Justice shall apply to the Court of First Instance Of first instance. "
31 ° Article 225 is replaced by the following:
" Article 225
" 1. The Court of First Instance shall have jurisdiction to hear at first instance the actions referred to in Articles 230, 232, 235, 236 and 238, with the exception of those allocated to a judicial panel and those granted to the Court of Justice Court. The Statute may provide that the Court of First Instance shall have jurisdiction for other categories of
. The decisions of the Court of First Instance under this paragraph may be appealed to the Court of Justice, limited to questions of law, under the conditions and limits laid down by the Staff
. 2. The Court of First Instance shall have jurisdiction to hear appeals against decisions of the judicial panels established pursuant to Article 225 A.
" The decisions of the Court of First Instance in Under this paragraph may exceptionally be subject to review by the Court of Justice, subject to the conditions and limits laid down by the Staff Regulations, in the event of a serious risk of injury to the unity or consistency of Community
. " 3. The Court of First Instance has jurisdiction to hear the questions referred for a preliminary ruling under Article 234 in specific matters determined by the Staff
. Where the Court of First Instance considers that the case Calls for a decision in principle which may affect the unity or consistency of Community law, it may refer the case to the Court of Justice for its
. The decisions of the Court of First Instance on Questions for a preliminary ruling may exceptionally be subject to review by the Court of Justice, in accordance with the conditions and limits laid down by the Staff Regulations, in the event of a serious risk of injury to the unity or consistency of Community law. "
32 ° The following item is inserted:
" Article 225 A
" The Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament and the Court of Justice, or At the request of the Court of Justice and after consulting the European Parliament and the Commission, may set up judicial panels to determine at first instance certain categories of appeals lodged in subjects Specific.
" The decision establishing a judicial panel shall lay down the rules on the composition of that chamber and shall specify the scope of the powers conferred on
. Decisions of the judicial panels May be subject to an appeal limited to questions of law or, where the decision establishing the Chamber so provides, to an appeal also relating to questions of fact before the Court of First
. Members of the Judicial panels are chosen from persons who provide all the guarantees of independence and possess the capacity required for the exercise of judicial functions. They shall be appointed by the Council, acting
. The judicial panels shall establish their Rules of Procedure in agreement with the Court of Justice. This Regulation shall be subject to the approval of the Council, acting by a qualified
. Unless the decision establishing the judicial panel provides otherwise, the provisions of this Treaty relating to the Court of Justice And the provisions of the Statute of the Court of Justice apply to judicial panels. "
33 ° The following item is inserted:
" Article 229 A
" Without prejudice to the other provisions of this Treaty, the Council, acting unanimously on a proposal from the Commission and after Consultation of the European Parliament, may adopt provisions with a view to assigning to the Court of Justice, to the extent that it determines, jurisdiction in disputes relating to the application of acts adopted on the basis of this Treaty which Create Community industrial property titles. The Council recommends the adoption of these provisions by the Member States, in accordance with their respective constitutional requirements. "
34 ° In Article 230, the second and third paragraphs shall be replaced by the following:
" To that end, the Court has jurisdiction to rule on appeals for incompetence, infringement of essential procedural requirements, infringement of the present Treaty or any rule of law relating to its application, or misuse of powers, formed by a Member State, the European Parliament, the Council or the Commission
The Court of Justice shall have jurisdiction, under the same conditions, for To rule on appeals lodged by the Court of Auditors and by the ECB, which tend to safeguard their prerogatives. "
35 ° Article 245 is replaced by the following text:
" Article 245
" The Statute of the Court of Justice shall be fixed by a separate
. The Council, acting unanimously on request from The Court of Justice and after consulting the European Parliament and the Commission, or at the request of the Commission and after consulting the European Parliament and the Court of Justice, may amend the provisions of the Staff Regulations, with the exception of its title I. "
36 ° Article 247 is amended as follows:
(a) Paragraph 1 is replaced by the following:
" 1. The Court of Auditors shall consist of a national of each Member State. " ;
(b) Paragraph 3 is replaced by the following:
" 3. The members of the Court of Auditors shall be appointed for six years. The Council, acting by a qualified majority after consulting the European Parliament, shall adopt the list of members drawn up in accordance with the proposals made by each Member State. The term of office of the members of the Court of Auditors shall be renewable
They shall appoint, for three years, the President of the Court of Auditors. Its mandate is renewable. "
37 ° Article 248 is amended as follows:
(a) Paragraph 1 is replaced by the following:
" 1. The Court of Auditors shall examine the accounts of all revenue and expenditure of the Community. It shall also examine the accounts of all revenue and expenditure of any body set up by the Community to the extent that the Foundation Act does not exclude this
. The Court of Auditors shall provide the European Parliament and the Council with a Statement of assurance on the reliability of the accounts and the legality and regularity of the underlying transactions, which is published in the Official Journal of the European Union. This declaration may be supplemented by specific assessments for each major area of Community activity. " ;
(b) Paragraph 4 is replaced by the following:
" 4. The Court of Auditors shall draw up an annual report after the closure of each financial year. This report shall be transmitted to the other institutions of the Community and published in the Official Journal of the European Union, together with the replies of these institutions to the observations of the Court of
. The Court of Auditors may also Submit, at any time, its observations, in particular in the form of special reports, on specific issues and deliver opinions at the request of one of the other institutions of the Community
It adopts its annual reports, reports Special or advisory by a majority of its members. However, it may create in its own rooms, with a view to adopting certain categories of reports or opinions, under the conditions laid down in its rules of
. It shall assist the European Parliament and the Council in the exercise of their Budget execution control function.
" The Court of Auditors shall establish its rules of procedure. It shall be subject to the approval of the Council, acting by a qualified majority. "
38 ° A l' article 254, paragraphs 1 et 2, les termes:" Official Journal of the European Communities " Are replaced by the words: " Official Journal of the European Union ".
39 ° Article 257 is replaced by the following:
"Article 257
" An Economic and Social Committee shall be set up in an advisory
. The Committee is made up of representatives of the various economic and social components of the Organised civil society, including producers, farmers, hauliers, workers, traders and craftsmen, liberal professions, consumers and the general interest. "
40 ° Article 258 is replaced by the following:
" Article 258
" The number of members of the Economic and Social Committee shall not exceed three hundred and fifty
The number of members Committee is set as follows:
Belgium 12
Denmark 9
Germany 24
Greece 12
Spain 21
France 24
Ireland 9
Italy 24
Luxembourg 6
Netherlands 12
Austria 12
Portugal 12
Finland 9
Sweden 12
United Kingdom 24
" The members of the Committee shall not be bound by any mandatory mandate. They shall carry out their duties in full independence, in the general interest of the Community
The Council, acting by a qualified majority, shall determine the allowances of the members of the Committee. "
41 ° In Article 259, paragraph 1 is replaced by the following:
" 1. The members of the Committee shall be appointed, on a proposal from the Member States, for four years. The Council, acting by a qualified majority, shall adopt the list of members drawn up in accordance with the proposals made by each Member State. The terms of reference of the members of the Committee are renewable. "
42 ° Article 263 is replaced by the following:
" Article 263
" An advisory committee is hereby established, hereinafter referred to as " the Committee of the Regions, composed of representatives of the Regional and local communities that either hold an electoral mandate within a local or regional community or politically accountable to an elected assembly.
" The number of members of the Committee of the Regions does not exceed Not three hundred and fifty.
" The number of members of the Committee is as follows:
Belgium 12
Denmark 9
Germany 24
Greece 12
Spain 21
France 24
Ireland 9
Italy 24
Luxembourg 6
Netherlands 12
Austria 12
Portugal 12
Finland 9
Sweden 12
United Kingdom 24
" The members of the Committee and an equal number of substitutes shall be appointed, on a proposal from the respective Member States, for four years. Their mandate is renewable. The Council, acting by a qualified majority, shall adopt the list of members and alternates drawn up in accordance with the proposals made by each Member State. At the end of the term of office referred to in the first paragraph under which they have been proposed, the terms of office of the members of the Committee shall be terminated ex officio and shall be replaced for the remainder of that term of office in accordance with the same procedure. They cannot be simultaneously members of the European Parliament.
" The members of the Committee shall not be bound by any mandatory mandate. They shall carry out their duties in full independence, in the general interest of the Community. "
43 ° Section 266 is replaced by the following text:
" Article 266
" The European Investment Bank has legal personality.
" Members of the European Bank "Investment is the member states.
" The Statute of the European Investment Bank shall be the subject of a Protocol annexed to this Treaty. The Council, acting unanimously, at the request of the European Investment Bank and after consulting the European Parliament and the Commission, or at the request of the Commission and after consulting the European Parliament and the Bank May amend Articles 4, 11 and 12 and Article 18 (5) of the Statute of the Bank. "
44 ° Article 279 is replaced by the following:
" Article 279
" 1. The Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament and opinion of the Court of
: (a) Stop the financial regulations specifying, in particular, the arrangements for the establishment and the Execution of the budget and accountability and accountability;
" (b) Determines the rules and organises the supervision of the liability of financial controllers, authorising officers and
. As from 1 January 2007, the Council Acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament and opinion of the Court of
. 2. The Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament and the opinion of the Court of Auditors, shall determine the procedures and procedure according to which the budgetary revenue provided for in the Community own resources shall be made available to the Commission and shall define the measures to be applied in order to address, where appropriate, cash-flow requirements. "
45 ° Article 290 is replaced by the following:
" Article 290
" The language regime of the institutions of the Community shall be fixed, without prejudice to the provisions laid down by the Statute of The Court of Justice, by the Council, acting unanimously. "
46 ° Article 300 is amended as follows:
(a) In paragraph 2, the second and third subparagraphs are replaced by the following:
" The same procedures shall apply, by way of derogation from the rules of paragraph 3, to decide on the Suspension of the application of an agreement, as well as establishing the positions to be taken on behalf of the Community in an instance established by an agreement, where that body is called upon to adopt decisions having legal effects, with the exception of Decisions supplementing or amending the institutional framework of the agreement
The European Parliament shall be immediately and fully informed of any decision taken under this paragraph concerning the provisional application or suspension Of agreements, or the establishment of the Community position in an instance established by an agreement. "
(b) Paragraph 6 is replaced by the following:
" 6. The European Parliament, the Council, the Commission or a Member State may obtain the opinion of the Court of Justice on the compatibility of an agreement envisaged with the provisions of this Treaty. The agreement which has been the subject of a negative opinion by the Court of Justice may enter into force only under the conditions laid down in Article 48 of the Treaty on European Union. "
47 ° Article 309 is amended as follows:
(a) In paragraph 1, the terms" Article 7, paragraph 2, " Are replaced by the words " Article 7, paragraph 3, " ;
b) In paragraph 2, the terms " Article 7, paragraph 1, " Are replaced By the words " Article 7 (2) '.
Article 3
The Treaty establishing the European Atomic Energy Community shall be amended in accordance with the provisions of this Article
Article 107, the second paragraph shall be replaced by the following:
" The number of Members of the European Parliament shall not exceed seven hundred and thirty-two. "
2 ° In Article 108, paragraph 5 is replaced by the following:
" 5. The European Parliament shall determine the status and general conditions for the exercise of the functions of its members, after obtaining the opinion of the Commission and with the approval of the Council, acting by a qualified majority. Any rule or condition relating to the tax system of members or former members shall be subject to unanimity within the Council. "
3 ° In Article 121, paragraph 2 is replaced by the following:
" 2. The Council shall be assisted by a General Secretariat, under the responsibility of a Secretary-General, High Representative for the Common Foreign and Security Policy, assisted by a Deputy Secretary-General responsible for the management of the Secretariat General. The Secretary-General and the Deputy Secretary-General shall be appointed by the Council, acting by a qualified
. The Council shall decide on the organization of the General Secretariat. "
4 ° In Article 127, paragraph 2 is replaced by the following:
" 2. The Council, meeting at the level of Heads of State or Government and acting by a qualified majority, shall designate the person it intends to appoint as President of the Commission; this designation shall be approved by the European
. The Council, acting by a qualified majority and by common agreement with the President-designate, shall adopt the list of other persons whom it intends to appoint as members of the Commission, drawn up in accordance with the proposals made by each State Member.
" The President and the other members of the Commission so appointed shall be subject, as a college, to a vote of approval by the European Parliament. After the approval of the European Parliament, the President and the other members of the Commission shall be appointed by the Council, acting by a qualified majority. "
5 ° Article 128 is replaced by the following text:
" Article 128
" Outside of regular renewals and deaths, the duties of a member of the Commission shall be terminated individually By resignation or ex officio.
" The resigned or deceased member shall be replaced for the term of the principal remaining to be run by a new member appointed by the Council, acting by a qualified majority. The Council, acting unanimously, may decide that there is no substitute.
" In the event of voluntary resignation, resignation of office or death, the President shall be replaced for the remainder of the term of office. The procedure laid down in Article 127 (2) shall apply for its replacement
Except in the case of an ex officio resignation provided for in Article 129, the members of the Commission shall remain in office until such time as they are replaced or Until the Council decides that there is no replacement, in accordance with the second paragraph of this Article. "
6 ° Article 130 is replaced by the following:
" Article 130
" 1. The Commission shall carry out its task in accordance with the political guidelines laid down by its President, which shall decide on its internal organisation in order to ensure the coherence, effectiveness and collegiality of its action
2. The responsibilities of the Commission are structured and distributed among its members by the President. The Chairperson may reshuffle the allocation of these responsibilities during the term of office. The members of the Commission shall carry out the functions assigned to them by the President under the authority of the
. 3. After approval by the College, the President shall appoint Vice-Presidents from among the members of the Commission
4. A member of the Commission shall resign if the President so requests, after the approval of the College. "
7 ° In Article 132, the first paragraph shall be deleted.
8 ° Article 136 shall be replaced by the following:
" Article 136
" The Court of Justice and the Court of First Instance shall ensure, In the context of their respective powers, respect for the law in the interpretation and application of this Treaty
In addition, judicial panels may be attached to the Court of First Instance under conditions Article 140 B in order to exercise, in certain specific areas, the jurisdictional powers provided for in this Treaty. "
9 ° Article 137 is replaced by the following:
" Article 137
" The Court of Justice shall be composed of one judge per Member
. The Court of Justice shall sit in chambers or in large chambers, In accordance with the rules laid down for that purpose by the Statute of the Court of
. When the Statute provides for it, the Court of Justice may also sit in plenary. "
10 ° Article 138 is replaced by the following:
" Article 138
" The Court of Justice shall be assisted by eight Advocates-General. If the Court of Justice so requests, the Council, acting unanimously, may increase the number of Advocates
. The role of the Advocate General is to present publicly, impartially and independently, reasoned conclusions On cases which, in accordance with the Statute of the Court of Justice, require its intervention. "
11 ° Article 139 is replaced by the following text:
" Article 139
" Judges and Advocates-General of the Court of Justice, chosen from among persons offering all guarantees And that meet the requirements for the exercise, in their respective countries, of the highest judicial functions, or who are jurisconsults of recognised competence, shall be appointed by mutual agreement for six Years by the governments of member states.
" A partial renewal of the Judges and Advocates-General shall take place every three years under the conditions laid down by the Statute of the Court of
. The judges are among them, for three President of the Court of Justice. Its mandate is renewable.
" Retiring Judges and Advocates General may be reappointed.
" The Court of Justice shall appoint its Registrar, whose status shall be
. The Court of Justice shall establish its Rules of Procedure. This Regulation shall be subject to the approval of the Council, acting by a qualified majority. "
12 ° Article 140 is replaced by the following text:
" Article 140
" The Court of First Instance shall have at least one judge per Member State. The number of judges is fixed by the Statute of the Court of Justice. The status may provide that the court is assisted by Advocates-General.
" The members of the Court of First Instance shall be chosen from persons offering all the guarantees of independence and having the required capacity for the exercise of High judicial functions. They shall be appointed by common accord for six years by the governments of the Member States. A partial renewal takes place every three years. Retiring members can be reappointed.
" The Judges shall appoint, for a period of three years, the President of the Court of First Instance. Its mandate is renewable.
" The Court of First Instance shall appoint its Registrar, whose status shall be
. The Court of First Instance shall establish its Rules of Procedure in agreement with the Court of Justice. This Regulation shall be subject to the approval of the Council, acting by a qualified
. Unless the Statute of the Court of Justice provides otherwise, the provisions of this Treaty relating to the Court of Justice shall apply to the Court of First Instance Of first instance. "
13 ° Article 140a is replaced by the following text:
" Article 140 A
" 1. The Court of First Instance shall have jurisdiction to hear at first instance the actions referred to in Articles 146, 148, 151, 152 and 153, with the exception of those assigned to a judicial panel and those granted to the Court of Justice Court. The Statute may provide that the Court of First Instance shall have jurisdiction for other categories of
. The decisions of the Court of First Instance under this paragraph may be appealed to the Court of Justice, limited to questions of law, under the conditions and limits laid down by the Staff
. 2. The Court of First Instance shall have jurisdiction to hear appeals against decisions of the judicial panels established pursuant to Article 140 B.
" The decisions of the Court of First Instance in Under this paragraph may exceptionally be subject to review by the Court of Justice, subject to the conditions and limits laid down by the Staff Regulations, in the event of a serious risk of injury to the unity or consistency of Community
. " 3. The Court of First Instance has jurisdiction to hear the questions referred for a preliminary ruling under Article 150 in specific matters determined by the Staff
. Where the Court of First Instance considers that the case Calls for a decision in principle which may affect the unity or consistency of Community law, it may refer the case to the Court of Justice for its
. The decisions of the Court of First Instance on Questions for a preliminary ruling may exceptionally be subject to review by the Court of Justice, in accordance with the conditions and limits laid down by the Staff Regulations, in the event of a serious risk of injury to the unity or consistency of Community law. "
14 ° The following item is inserted:
" Item 140 B
" The Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament and the Court of Justice, or At the request of the Court of Justice and after consulting the European Parliament and the Commission, may set up judicial panels to determine at first instance certain categories of appeal made in materials Specific.
" The decision establishing a judicial panel shall lay down the rules on the composition of that chamber and shall specify the scope of the powers conferred on
. Decisions of the legal chambers May be subject to an appeal limited to questions of law or, where the decision establishing the Chamber so provides, to an appeal also relating to questions of fact before the Court of First
. Members of the Judicial panels are chosen from among those providing all the guarantees of independence and having the capacity required for the exercise of judicial functions. They shall be appointed by the Council, acting
. The judicial panels shall establish their Rules of Procedure in agreement with the Court of Justice. This Regulation shall be subject to the approval of the Council, acting by a qualified
. Unless the decision establishing the judicial panel provides otherwise, the provisions of this Treaty relating to the Court of Justice And the provisions of the Statute of the Court of Justice apply to judicial panels. "
15 ° In Article 146, the second and third paragraphs shall be replaced by the following:
" To that end, the Court has jurisdiction to rule on appeals for incompetence, infringement of essential procedural requirements, infringement of the present Treaty or any rule of law relating to its application, or misuse of powers, formed by a Member State, the European Parliament, the Council or the Commission
The Court of Justice shall have jurisdiction, under the same conditions, for To rule on the appeals lodged by the Court of Auditors, which tend to safeguard the prerogatives of the Court. "
16 ° Article 160 is replaced by the following text:
" Article 160
" The Statute of the Court of Justice shall be fixed by a separate
. The Council, acting unanimously on request from The Court of Justice and after consulting the European Parliament and the Commission, or at the request of the Commission and after consulting the European Parliament and the Court of Justice, may amend the provisions of the Staff Regulations, with the exception of its title I. "
17 ° Article 160 B is amended as follows:
(a) Paragraph 1 is replaced by the following:
" 1. The Court of Auditors shall consist of a national of each Member State. " ;
(b) Paragraph 3 is replaced by the following:
" 3. The members of the Court of Auditors shall be appointed for six years. The Council, acting by a qualified majority after consulting the European Parliament, shall adopt the list of members drawn up in accordance with the proposals made by each Member State. The term of office of the members of the Court of Auditors shall be renewable
They shall appoint, for three years, the President of the Court of Auditors. Its mandate is renewable. "
18 ° Article 160 C is amended as follows:
(a) Paragraph 1 is replaced by the following:
" 1. The Court of Auditors shall examine the accounts of all revenue and expenditure of the Community. It shall also examine the accounts of all revenue and expenditure of any body set up by the Community, to the extent that the Foundation Act does not exclude this
. The Court of Auditors shall provide the European Parliament and the Council with a Statement of assurance on the reliability of the accounts and the legality and regularity of the underlying transactions, which is published in the Official Journal of the European Union. This declaration may be supplemented by specific assessments for each major area of Community activity. " ;
(b) Paragraph 4 is replaced by the following:
" 4. The Court of Auditors shall draw up an annual report after the closure of each financial year. This report shall be transmitted to the other institutions of the Community and published in the Official Journal of the European Union, together with the replies of these institutions to the observations of the Court of
. The Court of Auditors may also Submit, at any time, its observations, in particular in the form of special reports, on specific issues and deliver opinions at the request of one of the other institutions of the Community
It adopts its annual reports, reports Special or advisory by a majority of its members. However, it may set up chambers with a view to adopting certain categories of reports or opinions, under the conditions laid down in its rules of
. It shall assist the European Parliament and the Council in the exercise of their Budget execution control function.
" The Court of Auditors shall establish its rules of procedure. It shall be subject to the approval of the Council, acting by a qualified majority. "
19 ° In Article 163, the first paragraph shall be replaced by the following:
" The regulations shall be published in the Official Journal of the European Union. They shall enter into force on the date they set or, failing that, on the twentieth day following their publication. "
20 ° Article 165 is replaced by the following:
" Article 165
" An Economic and Social Committee shall be set up in an advisory
. The Committee shall be composed of representatives of Various economic and social components of organised civil society, in particular producers, farmers, hauliers, workers, traders and craftsmen, the professions, consumers and The general interest. "
21 ° Article 166 is replaced by the following:
" Article 166
" The number of members of the Economic and Social Committee shall not exceed three hundred and fifty
Committee is set as follows:
Belgium 12
Denmark 9
Germany 24
Greece 12
Spain 21
France 24
Ireland 9
Italy 24
Luxembourg 6
Netherlands 12
Austria 12
Portugal 12
Finland 9
Sweden 12
United Kingdom 24
" The members of the Committee shall not be bound by any mandatory mandate. They shall carry out their duties in full independence, in the general interest of the Community.
The Council, acting by a qualified majority, shall determine the allowances of the members of the Committee. "
22 ° In Article 167, paragraph 1 is replaced by the following:
" 1. The members of the Committee shall be appointed, on a proposal from the Member States, for four years. The Council, acting by a qualified majority, shall adopt the list of members drawn up in accordance with the proposals made by each Member State. The terms of reference of the members of the Committee are renewable. "
23 ° Article 183 is replaced by the following:
" Article 183
" 1. The Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament and opinion of the Court of
: (a) Stop the financial regulations specifying, in particular, the arrangements for the establishment and the Execution of the budget and accountability and accountability;
" (b) Determines the rules and organises the supervision of the liability of financial controllers, authorising officers and
. As from 1 January 2007, the Council Acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament and opinion of the Court of
. 2. The Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament and the opinion of the Court of Auditors, shall determine the procedures and procedure according to which the budgetary revenue provided for in the Community own resources shall be made available to the Commission and shall define the measures to be applied in order to address, where appropriate, cash-flow requirements. "
24 ° Article 190 is replaced by the following:
" Article 190
" The language regime of the institutions of the Community shall be fixed, without prejudice to the provisions laid down by the Statute of The Court of Justice, by the Council, acting unanimously. "
25 ° Article 204 is amended as follows:
(a) In paragraph 1, the terms" Article F. 1, paragraph 2, " Are replaced by the words " Article 7, paragraph 3, " ;
b) In paragraph 2, the terms " Article F, paragraph 1, " Are Replaced by the words " Article 6, paragraph 1, " And the terms " Article F. 1, paragraph 1, " Are replaced by the words " Article 7 (2) ".
Article 4
The Treaty establishing the European Coal and Steel Community shall be amended in accordance with the provisions of this Article.
1 ° In Article 10, paragraph 2 shall be replaced by the following:
2. The Council, meeting at the level of Heads of State or Government and acting by a qualified majority, shall designate the person it intends to appoint as President of the Commission; this designation shall be approved by the European
. The Council, acting by a qualified majority and by common agreement with the President-designate, shall adopt the list of other persons whom it intends to appoint as members of the Commission, drawn up in accordance with the proposals made by each State Member.
" The President and the other members of the Commission so appointed shall be subject, as a college, to a vote of approval by the European Parliament. After the approval of the European Parliament, the President and the other members of the Commission shall be appointed by the Council, acting by a qualified majority. "
2 ° Article 11 is replaced by the following text:
" Article 11
" 1. The Commission shall carry out its task in accordance with the political guidelines laid down by its President, which shall decide on its internal organisation in order to ensure the coherence, effectiveness and collegiality of its action
2. The responsibilities of the Commission are structured and distributed among its members by the President. The Chairperson may reshuffle the allocation of these responsibilities during the term of office. The members of the Commission shall carry out the functions assigned to them by the President under the authority of the
. 3. After approval by the College, the President shall appoint Vice-Presidents from among the members of the Commission
4. A member of the Commission shall resign if the President so requests, after the approval of the College. "
3 ° Article 12 is replaced by the following text:
" Article 12
" Outside of regular renewals and deaths, the duties of a member of the Commission shall be terminated individually By resignation or ex officio.
" The resigned or deceased member shall be replaced for the remainder of the term of office of a new member appointed by the Council, acting by a qualified majority. The Council, acting unanimously, may decide that there is no substitute.
" In the event of voluntary resignation, resignation of office or death, the President shall be replaced for the remainder of the term of office. The procedure laid down in Article 10 (2) shall apply for its replacement
Except in the case of ex officio resignation provided for in Article 12 A, the members of the Commission shall remain in office until such time as they are replaced or Until the Council decides that there is no replacement, in accordance with the second paragraph of this Article. "
4 ° In Article 13, the first subparagraph is deleted.
5 ° In Article 20, the second paragraph shall be replaced by the following:
" The number of Members of the European Parliament shall not exceed seven hundred and thirty-two. "
6 ° In Article 21, paragraph 5 is replaced by the following:
" 5. The European Parliament shall determine the status and general conditions for the exercise of the functions of its members, after obtaining the opinion of the Commission and with the approval of the Council, acting by a qualified majority. Any rule or condition relating to the tax system of members or former members shall be subject to unanimity within the Council. "
7 ° In Article 30, paragraph 2 is replaced by the following:
" 2. The Council shall be assisted by a General Secretariat, under the responsibility of a Secretary-General, High Representative for the Common Foreign and Security Policy, assisted by a Deputy Secretary-General responsible for the management of the Secretariat General. The Secretary-General and the Deputy Secretary-General shall be appointed by the Council, acting by a qualified
. The Council shall decide on the organization of the General Secretariat. "
8 ° Article 31 is replaced by the following:
" Article 31
" The Court of Justice and the Court of First Instance shall, within the framework of their respective powers, ensure that the Right in the interpretation and application of this Treaty
In addition, judicial panels may be attached to the Court of First Instance under the conditions laid down in Article 32 sexto in order to exercise, in certain areas Specific legal powers provided for in this Treaty. "
9 ° Article 32 is replaced by the following text:
" Article 32
" The Court of Justice shall be composed of one judge per Member
. The Court of Justice shall sit in chambers or in large chambers, in Conformity with the rules laid down for this purpose by the Statute of the Court of
. When the Statute provides for it, the Court of Justice may also sit in plenary. "
10 ° Article 32a is replaced by the following:
" Article 32a
" The Court of Justice shall be assisted by eight Advocates-General. If the Court of Justice so requests, the Council, acting unanimously, may increase the number of Advocates
. The role of the Advocate General is to present publicly, impartially and independently, reasoned conclusions On cases which, in accordance with the Statute of the Court of Justice, require its intervention. "
11 ° Article 32 ter is replaced by the following:
" Article 32b
" Judges and Advocates-General of the Court of Justice, chosen from among persons offering all guarantees And that meet the requirements for the exercise, in their respective countries, of the highest judicial functions, or who are jurisconsults of recognised competence, shall be appointed by mutual agreement for six Years by the governments of member states.
" A partial renewal of the Judges and Advocates-General shall take place every three years under the conditions laid down by the Statute of the Court of
. The judges are among them, for three President of the Court of Justice. Its mandate is renewable.
" Retiring Judges and Advocates General may be reappointed.
" The Court of Justice shall appoint its Registrar, whose status shall be
. The Court of Justice shall establish its Rules of Procedure. This Regulation shall be subject to the approval of the Council, acting by a qualified majority. "
12 ° Article 32c is replaced by the following:
" Article 32c
" The Court of First Instance shall have at least one judge per Member State. The number of judges is fixed by the Statute of the Court of Justice. The status may provide that the court is assisted by Advocates-General.
" The members of the Court of First Instance shall be chosen from persons offering all the guarantees of independence and having the required capacity for the exercise of High judicial functions. They shall be appointed by common accord for six years by the governments of the Member States. A partial renewal takes place every three years. Retiring members can be reappointed.
" The Judges shall appoint, for a period of three years, the President of the Court of First Instance. Its mandate is renewable.
" The Court of First Instance shall appoint its Registrar, whose status shall be
. The Court of First Instance shall establish its Rules of Procedure in agreement with the Court of Justice. This Regulation shall be subject to the approval of the Council, acting by a qualified
. Unless the Statute of the Court of Justice provides otherwise, the provisions of this Treaty relating to the Court of Justice shall apply to the Court of First Instance Of first instance. "
13 ° Article 32 quinto is replaced by the following:
" Article 32 quinto
" 1. The Court of First Instance shall have jurisdiction to hear, at first instance, the actions referred to in Articles 33, 34, 35, 36, 38, 40 and 42, with the exception of those granted to a judicial panel and those granted to the Court of First Instance by the Court of First Instance Court of Justice. The Statute may provide that the Court of First Instance shall have jurisdiction for other categories of
. The decisions of the Court of First Instance under this paragraph may be appealed to the Court of Justice, limited to questions of law, under the conditions and limits laid down by the Staff
. 2. The Court of First Instance shall have jurisdiction to hear appeals against decisions of the judicial panels established pursuant to Article 32 sexto
The decisions of the Court of First Instance in Under this paragraph may exceptionally be subject to review by the Court of Justice, subject to the conditions and limits laid down by the Staff Regulations, in the event of a serious risk of injury to the unity or consistency of Community
. " 3. The Court of First Instance has jurisdiction to hear the questions referred for a preliminary ruling under Article 41 in specific matters determined by the Staff
. Where the Court of First Instance considers that the case Calls for a decision in principle which may affect the unity or consistency of Community law, it may refer the case to the Court of Justice for its
. The decisions of the Court of First Instance on Questions for a preliminary ruling may exceptionally be subject to review by the Court of Justice, in accordance with the conditions and limits laid down by the Staff Regulations, in the event of a serious risk of injury to the unity or consistency of Community law. "
14 ° The following item is inserted:
" Article 32 sexto
" The Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament and the Court of Justice, Or at the request of the Court of Justice and after consulting the European Parliament and the Commission, may set up judicial panels to determine at first instance certain categories of appeals lodged in subjects Specific.
" The decision establishing a judicial panel shall lay down the rules on the composition of that chamber and shall specify the scope of the powers conferred on
. Decisions of the judicial panels May be subject to an appeal limited to questions of law or, where the decision establishing the Chamber so provides, to an appeal also relating to questions of fact before the Court of First
. Members of the Judicial panels are chosen from persons who provide all the guarantees of independence and possess the capacity required for the exercise of judicial functions. They shall be appointed by the Council, acting
. The judicial panels shall establish their Rules of Procedure in agreement with the Court of Justice. This Regulation shall be subject to the approval of the Council, acting by a qualified
. Unless the decision establishing the judicial panel provides otherwise, the provisions of this Treaty relating to the Court of Justice And the provisions of the Statute of the Court of Justice apply to judicial panels. "
15 ° Article 33 is amended as follows:
(a) The first paragraph is replaced by the following:
" The Court of Justice shall have jurisdiction to rule on actions for annulment on grounds of incompetence, infringement of essential procedural requirements, Infringement of the Treaty or any rule of law relating to its application, or misuse of powers, formed against the decisions and recommendations of the Commission by one of the Member States, the European Parliament or the Council. However, the examination of the Court of Justice may not relate to the assessment of the situation arising out of the economic facts or circumstances in the light of which those decisions or recommendations were made, unless the Commission complains to the Commission Have committed a misuse of power or have misunderstood the provisions of the Treaty or any rule of law relating to its application. " ;
(b) The fourth paragraph is replaced by the following:
" The Court of Justice shall have jurisdiction, under the same conditions, to rule on the actions brought by the Court of Auditors which tend to safeguard the prerogatives of This one. "
16 ° Article 45 is replaced by the following:
" Article 45
The status of the Court of Justice is fixed by a separate protocol.
" The Council, acting unanimously on request of the Court of Justice and after consulting the European Parliament and the Commission, or at the request of the Commission and after consulting the European Parliament and the Court of Justice, may amend the provisions of the Staff Regulations. "
17 ° Article 45 B is amended as follows:
(a) Paragraph 1 is replaced by the following:
" 1. The Court of Auditors shall consist of a national of each Member State. " ;
(b) Paragraph 3 is replaced by the following:
" 3. The members of the Court of Auditors shall be appointed for six years. The Council, acting by a qualified majority after consulting the European Parliament, shall adopt the list of members drawn up in accordance with the proposals made by each Member State. The term of office of the members of the Court of Auditors shall be renewable
They shall appoint, for three years, the President of the Court of Auditors. Its mandate is renewable. "
18 ° Article 45 C is amended as follows:
(a) Paragraph 1 is replaced by the following:
" 1. The Court of Auditors shall examine the accounts of all revenue and expenditure of the Community. It shall also examine the accounts of all revenue and expenditure of any body set up by the Community, to the extent that the Foundation Act does not exclude this
. The Court of Auditors shall provide the European Parliament and the Council with a Statement of assurance on the reliability of the accounts and the legality and regularity of the underlying transactions, which is published in the Official Journal of the European Union. This declaration may be supplemented by specific assessments for each major area of Community activity. " ;
(b) Paragraph 4 is replaced by the following:
" 4. The Court of Auditors shall draw up an annual report after the closure of each financial year. This report shall be transmitted to the other institutions of the Community and published in the Official Journal of the European Union, together with the replies of these institutions to the observations of the Court of
. The Court of Auditors may also Submit, at any time, its observations, in particular in the form of special reports, on specific issues and deliver opinions at the request of one of the other institutions of the Community
It adopts its annual reports, reports Special or advisory by a majority of its members. However, it may set up chambers with a view to adopting certain categories of reports or opinions under the conditions laid down in its rules of
. It shall assist the European Parliament and the Council in the exercise of their Budget execution control function.
" The Court of Auditors shall establish its rules of procedure. It shall be subject to the approval of the Council, acting by a qualified majority. "
19 ° Article 96 is amended as follows:
(a) In paragraph 1, the words: Article F. 1, paragraph 2, " Are replaced by the words: " Article 7, paragraph 3, " ;
(b) In paragraph 2, the words: Article F, paragraph 1, " Are Replaced by the words: " Article 6, paragraph 1, ", and the words: Article F. 1, paragraph 1, " Are replaced by the words " Article 7, paragraph 2, ".
Article 5
Protocol on Statute of the European System of Central Banks and of the European Central Bank shall be amended in accordance with the provisions of this Article.
In Article 10, the following paragraph shall be added:
" 10.6. Article 10.2 may be amended by the Council meeting at the level of Heads of State or Government, acting unanimously, either on the recommendation of the ECB and after consulting the European Parliament and the Commission, or on the recommendation of the Commission and after consulting the European Parliament and the ECB. The Council recommends the adoption of these amendments by the Member States. These amendments shall enter into force after having been ratified by all Member States in accordance with their respective constitutional
. A recommendation made by the ECB under this paragraph shall require a unanimous decision The Governing Council. "
Article 6
The Protocol on the Privileges and Immunities of the European Communities is amended in accordance with the provisions of this Article.
Article 21 is replaced by the following :
"Item 21
" Articles 12 to 15 and 18 shall apply to the Judges, the Advocates-General, the Registrar and the Assistant Rapporteurs of the Court, as well as the members and the Registrar of the Court of First Instance, without prejudice to the provisions of Article 3 of the Protocol on the Statute of the Court of Justice relating to immunity from jurisdiction of judges and Advocates General. "
SECOND PART
TRANSITIONAL AND FINAL PROVISIONS
Article 7
Protocols on the Statute of the Court of Justice annexed to the Treaty establishing the European Community and the Treaty Establishing the European Atomic Energy Community shall be repealed and replaced by the Protocol on the Statute of the Court of Justice annexed by this Treaty to the Treaty on European Union, to the Treaty establishing the European Community and to the Treaty establishing the European Atomic Energy Community.
Article 8
Articles 1 to 20, 44, 45, Article 46, second and third paragraphs, and Articles 47 to 49, 51, 52, 54 and 55 of the Protocol on the Statute of the Court of Justice of the European Coal and Steel Community are repealed.
Article 9
Without prejudice to the Articles of the Protocol on the Statute of the Court of Justice Of the European Coal and Steel Community which remain in force, the provisions of the Protocol on the Statute of the Court of Justice annexed by this Treaty to the Treaty on European Union, the Treaty establishing the European Community and The Treaty establishing the European Atomic Energy Community shall apply where the Court of Justice exercises its powers under the provisions of the Treaty establishing the European Coal and Steel Community.
Article 10
Council Decision 88 /591/ECSC, EEC, Euratom of 24 October 1988 establishing a Court of First Instance of the European Communities, as amended, is repealed, with the exception of its Article 3, provided that the Court of First Instance exercises, pursuant to that Article, the powers conferred on the Court of Justice by the Treaty establishing the European Coal and Steel Community.
Article 11
This Treaty is concluded for an unlimited period.
Article 12
1. This Treaty shall be ratified by the High Contracting Parties in accordance with their respective constitutional requirements. The instruments of ratification shall be deposited with the Government of the Italian
. This Treaty shall enter into force on the first day of the second month following the deposit of the instrument of ratification of the last signatory State which will proceed with this formality.
Article 13
The This Treaty, drawn up in a single copy, in the German, English, Danish, Spanish, Finnish, French, Greek, Irish, Italian, Dutch, Portuguese and Swedish languages, the texts drawn up in each of those languages Shall be deposited in the archives of the Government of the Italian Republic, which shall furnish a certified copy to each of the governments of the other signatory States.
In witness whereof, the undersigned Plenipotentiaries have affixed Their signatures at the bottom of this Treaty.
Done at Nice, the twenty-six February of the year two mil one.
PROTOCOLS
A. -PROTOCOL ANNEXED TO THE TREATY ON EUROPEAN UNION AND THE TREATIES ESTABLISHING THE EUROPEAN COMMUNITIES
PROTOCOL ON THE ENLARGEMENT
OF THE EUROPEAN UNION
The High Contracting Parties shall have Adopted the following provisions, which are annexed to the Treaty on European Union and to the Treaties establishing the European Communities:
Article 1
Repeal of the Protocol on Institutions
The Protocol on the Institutions with a view to the enlargement of the European Union, annexed to the Treaty on European Union and the Treaties establishing the European Communities, is hereby repealed.
Article 2
European Parliament provisions
1. As of 1 January 2004, and with effect from the beginning of the 2004-2009 term, Article 190 (2) of the Treaty establishing the European Community and Article 108 (2) of the Treaty establishing the European Community Atomic energy, the first paragraph shall be replaced by the following:
" The number of elected representatives in each member state is as follows:
Belgium 22
Denmark 13
Germany 99
Greece 22
Spain 50
France 72
Ireland 12
Italy 72
Luxembourg 6
Netherlands 25
Austria 17
Portugal 22
Finland 13
Sweden 18
UK 72 "
2. Subject to paragraph 3, the total number of representatives in the European Parliament for the period 2004-2009 shall be equal to the number of representatives in Article 190 (2) of the Treaty establishing the European Community and the Article 108 (2) of the Treaty establishing the European Atomic Energy Community, plus the number of representatives of the new Member States arising from the accession treaties signed no later than 1 January 2004.
3. In the event that the total number of members referred to in paragraph 2 is less than seven hundred and thirty-two, a pro rata correction shall be applied to the number of representatives to be elected in each Member State so that the total number is the nearest Possible of seven hundred and thirty-two, without this correction leading to a number of representatives to be elected in each Member State which is higher than that provided for in Article 190 (2) of the Treaty establishing the European Community and Article 108 (2) of the Treaty establishing the European Atomic Energy Community for the 1999-2004 legislature.
The Council shall take a decision to that
. By way of derogation from the second paragraph of Article 189 of the Treaty establishing the European Community and the second paragraph of Article 107 of the Treaty establishing the European Atomic Energy Community, in the event of entry into force of accession treaties after The adoption of the Council decision provided for in the second subparagraph of paragraph 3 of this Article, the number of Members of the European Parliament may, on a temporary basis, exceed seven hundred and thirty-two during the period of application of that decision. The same correction as that referred to in the first subparagraph of paragraph 3 of this Article shall be applied to the number of representatives to be elected in the Member States concerned.
Article 3
Provisions concerning the weighting of Votes in the Council
1. As of 1 January 2005:
a) Article 205 of the Treaty establishing the European Community and Article 118 of the Treaty establishing the European Atomic Energy Community:
(i) Paragraph 2 shall be replaced by the following :
" 2. For Council deliberations requiring a qualified majority, members' votes are weighted as follows:
Belgium 12
Denmark 7
Germany 29
Greece 12
Spain 27
France 29
Ireland 7
Italy 29
Luxembourg 4
Netherlands 13
Austria 10
Portugal 12
Finland 7
Sweden 10
United Kingdom 29 "
" The deliberations shall be acquired if they have received at least one hundred and sixty-nine votes in favour. Of the majority of the members, where, under this Treaty, they are to be taken on a proposal from the Commission
In other cases, proceedings shall be taken if they have received at least one hundred and sixty-nine votes in favour. Votes in favour of at least two-thirds of the members. "
(ii) The following paragraph 4 is added:
" 4. A member of the Council may request that, when a decision is taken by the Council by a qualified majority, it be verified that the Member States constituting this qualified majority represent at least 62 % of the total population of the Union. If it is found that this condition is not met, the decision in question is not adopted. "
(b) In Article 23 (2) of the Treaty on European Union, the third subparagraph is replaced by the following:
" The votes of the members of the Council shall be weighted in accordance with Article 205 (2) of the Treaty Establishing the European Community. In order to be adopted, decisions must receive at least one hundred and sixty-nine votes, expressing the favourable vote of at least two-thirds of the members. A member of the Council may request that, when a decision is taken by the Council by a qualified majority, it be verified that the Member States constituting this qualified majority represent at least 62 % of the total population of the Union. If it is found that this condition is not met, the decision in question is not adopted. "
(c) In Article 34 of the Treaty on European Union, paragraph 3 is replaced by the following:
" 3. For the deliberations of the Council which require a qualified majority, the votes of the members shall be weighted according to Article 205 (2) of the Treaty establishing the European Community; the proceedings shall be acquired if they Have received at least one hundred and sixty-nine votes in favour, expressing the favourable vote of at least two-thirds of the members. A member of the Council may request that, when a decision is taken by the Council by a qualified majority, it be verified that the Member States constituting this qualified majority represent at least 62 % of the total population of the Union. If it is found that this condition is not met, the decision in question is not adopted. "
2. At the time of each accession, the threshold referred to in the second subparagraph of Article 205 (2) of the Treaty establishing the European Community and the second subparagraph of Article 118 (2) of the Treaty establishing the European Energy Community Shall be calculated so that the threshold of the qualified majority expressed in votes does not exceed that resulting from the table contained in the declaration on the enlargement of the European Union, as recorded in the Final Act of the Conference which Has stopped the Treaty of Nice.
Article 4
Commission provisions
1. As of 1 January 2005 and with effect from the entry into office of the first Commission after that date, paragraph 1 of Article 213 of the Treaty establishing the European Community and of the Treaty establishing the European Atomic Energy Community is replaced by the following:
" 1. The members of the Commission shall be selected on the basis of their general competence and shall provide full guarantees of independence
The Commission shall comprise one national of each Member
. The number of members of the Commission may be changed By the Council, acting unanimously. "
2. Where the Union has 27 Member States, Article 213 (1) of the Treaty establishing the European Community and Article 126 of the Treaty establishing the European Atomic Energy Community shall be replaced
the following: 1. The members of the Commission shall be selected on the basis of their general competence and shall provide full guarantees of independence
The number of members of the Commission is less than the number of member states. The members of the Commission shall be chosen on the basis of an equal rotation, the modalities of which shall be adopted by the Council, acting unanimously
The number of members of the Commission shall be fixed by the Council, acting unanimously. "
This amendment shall apply from the date of entry to the first Commission after the date of accession of the twenty-seventh Member State of the Union.
3. The Council, acting unanimously after the signature of the Treaty of Accession of the twenty-seventh Member State of the Union, shall adopt:
-the number of members of the Commission;
-the modalities of the equal rotation containing all the criteria And the rules necessary for the automatic fixation of the composition of successive colleges, on the basis of the following principles:
a) Member States shall be treated on a strict basis with regard to the determination of the order of Passage and time of presence of their nationals within the Commission; consequently, the difference between the total number of warrants held by nationals of two given Member States can never be greater than one;
(b) Subject to the Point a, each successive college is set up so as to reflect satisfactorily the demographic and geographical range of all the Member States of the Union.
4. Any State which accedes to the Union shall have the right, at the time of accession, to have a national as a member of the Commission until paragraph 2 applies
-PROTOCOL ANNEXED TO THE TREATY ON EUROPEAN UNION, TO THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY AND TO THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY
PROTOCOL ON THE STATUTE
OF THE COURT OF JUSTICE
The High Contracting Parties,
Desiring to Statute of the Court of Justice provided for in Article 245 of the Treaty establishing the European Community and in Article 160 of the Treaty establishing the European Atomic Energy Community,
have agreed to the following provisions, which shall be annexed to the Treaty on European Union, the Treaty establishing the European Community and the Treaty establishing the European Atomic Energy Community:
Article 1
The Court of Justice shall be constituted and Exercises its functions in accordance with the provisions of the Treaty on European Union (EU Treaty), the Treaty establishing the European Community (EC Treaty), the Treaty establishing the European Atomic Energy Community (EAEC Treaty) and the present Status.
TITLE I
JUDGES AND
COUNSEL
Article 2
Every judge must, before taking office, take an oath to perform his or her duties in full Impartiality and conscience and not divulge the secrecy of the proceedings.
Article 3
Judges shall enjoy immunity from jurisdiction. As regards the acts performed by them, including their words and writings, in their official capacity, they continue to enjoy immunity after the termination of their duties.
The Court, sitting in plenary, may waive Immunity.
In the event that immunity has been waived, criminal proceedings are instituted against a judge, the judge in each of the Member States is subject only to the competent authority to try the judges belonging to the highest court.
Articles 12 to 15 and Article 18 of the Protocol on the Privileges and Immunities of the European Communities shall apply to the Judges, the Advocates-General, the Registrar and the Assistant Rapporteurs of the Court, without prejudice Provisions on immunity from jurisdiction of judges listed in the preceding paragraphs.
Article 4
Judges may not exercise any political or administrative functions.
They do not May, unless otherwise granted by the Council in exceptional circumstances, engage in any professional activity, whether gainful or not.
They shall, at the time of their installation, take the solemn undertaking to respect, during the period of their duties and After the termination of such duties, including duties of honesty and sensitivity as to the acceptance, after termination, of certain functions or advantages.
In case of doubt, the Court Decides.
Article 5
Apart from regular renewals and death, the functions of a judge end individually by resignation.
If a judge resigns, the letter of resignation Is addressed to the President of the Court for transmission to the President of the Council. This latter notification shall take precedence.
Except in cases where Article 6 receives application, any judge shall continue to serve until his successor is appointed.
Article 6
Judges shall not be relieved of their duties or declared forfeit of their right to a pension or other benefits, taking place only if, in the unanimous judgment of the judges and the Advocates-General of the Court, they have ceased to meet the requirements Or meet the obligations arising out of their duties. The person concerned did not participate in these deliberations.
The Registrar shall bring the decision of the Court to the attention of the Presidents of the European Parliament and of the Commission and shall notify the President of the Council of the
. Duties, the latter notification takes precedence.
Article 7
Judges whose duties expire before the end of their term of office shall be replaced for the term of office Remaining to run.
Article 8
The provisions of Articles 2 to 7 are applicable to Advocates General.
TITLE II
ORGANIZATION
Article 9
The partial renewal of judges, which takes place every three years, alternates between eight and seven judges.
The partial renewal of the Advocates-General, which takes place every three years, covers four Advocates-General each time.
Article 10
The Registrar shall take an oath before the Court to perform his duties impartially and conscientious and to disclose nothing of the secrecy of the proceedings.
Article 11
The Court shall arrange for the replacement of the Registrar for the incapacity of the Registrar.
Article 12
Officials and other servants shall be attached to the Court To enable it to function. They report to the Registrar under the authority of the President.
Article 13
On a proposal from the Court, the Council, acting unanimously, may provide for the appointment of assistant rapporteurs and fix it Status. The assistant rapporteurs may be called, in accordance with the conditions laid down in the Rules of Procedure, to participate in the investigation of cases before the Court and to cooperate with the Judge-
. Deputies, chosen from among persons offering all guarantees of independence and bringing together the necessary legal titles, are appointed by the Council. They shall take an oath before the Court to perform their duties impartially and conscientious and not to divulge the secrecy of the proceedings.
Article 14
Judges, Advocates General and Registrar shall be Required to reside at the seat of the Cour.Article 15
The Court shall remain in office on an ongoing basis. The duration of the judicial holiday shall be fixed by the Court, having regard to the operational requirements of the service.
Article 16
The Court shall constitute chambers of three and five Judges. The judges elect the chairmen of the chambers. The Presidents of the Chambers of five Judges shall be elected for three years. Their terms of office are renewable once.
The Grand Chamber consists of eleven judges. It is chaired by the President of the Court. Also part of the Grand Chamber, the Presidents of the Chambers of five Judges and other judges appointed under the conditions laid down in the Rules of Procedure.
The Court shall sit in the Grand Chamber when a Member State or an institution of the Communities which are a party to the application.
The Court shall sit in the House when it is seized pursuant to Article 195 (2) of Article 213 (2) of Article 216 or Article 247 (7) of the EC Treaty or Article 107 D (2) of Article 126 (2) of Article 129, or Article 160 B (7) of the EAEC Treaty
In addition, when it considers that a case before it is of importance The Court may decide, the Advocate General, to refer the case to the plenary assembly.
Article 17
The Court can validly deliberate only in an odd
. Proceedings in chambers consisting of three or five judges shall be valid only if they are taken by three judges.
The proceedings of the Grand Chamber shall be valid only if nine judges are present
Sitting in a plenary session shall be valid only if eleven judges are present.
In the event of the incapacity of one of the judges composing a Chamber, a judge forming part of another chamber may be appealed under conditions determined by Rules of Procedure.
Article 18
Judges and Advocates General may not participate in the settlement of any case in which they have previously acted as an agent, counsel or Counsel for one of the parties, or on which they have been called upon to vote as a member of a tribunal, board of inquiry or any other title.
If, for a special reason, a judge or general counsel considers that he/she is unable to participate To the judgment or examination of a particular case, he shall inform the President accordingly. In the event that the President considers that a Judge or Advocate General should not, for a special reason, sit or conclude in a particular case, he shall notify the person
.
A party may not invoke either the nationality of a judge or the absence, within the Court or in one of its chambers, of a judge of his nationality, to request a change in the composition of the Court or of one of its chambers.
TITLE III
PROCEDURE
Article 19
Member States and the institutions of the Communities shall be represented before the Court by an agent appointed for each case; the agent may be assisted by a The
Parties to the Agreement on the European Economic Area, other than the Member States, and the EFTA Surveillance Authority referred to in that Agreement, shall be represented in the same
. Must be represented by a lawyer.
Only a lawyer authorised to practise before a court of a Member State or another State Party to the Agreement on the European Economic Area may represent or assist a party before the Court
Officers, boards and lawyers appearing before the Court shall enjoy the rights and guarantees necessary for the independent exercise of their functions, in accordance with the conditions laid down in the Rules of
. Lawyers who submit to it the powers normally recognised in courts and tribunals under the conditions laid down by the same regulation.
Teachers who are nationals of the Member States, including the Legislation grants them a right to argue before the Court of Rights granted to lawyers by this Article.
Article 20
The procedure before the Court consists of two phases:
The written procedure includes communication to the parties, as well as to the institutions of the Communities whose decisions are at issue, motions, briefs, defences and observations and, possibly, replies, as well as All documents and documents in support or their certified copies.
Communications shall be made by the Registrar in the order and in the time prescribed by the Rules of Procedure.
The oral procedure shall include Reading of the report submitted by a Judge-Rapporteur, the hearing by the Court of Agents, counsel and lawyers and the Opinion of the Advocate General, as well as, where appropriate, the hearing of witnesses and experts
Raises no new question of law, the Court may decide, the Advocate General heard, that the case will be judged without the Opinion of the Advocate General.
Article 21
The Court shall be seized by a request Addressed to the Registrar. The request shall contain the indication of the name and domicile of the applicant and the quality of the signatory, the indication of the party or parties against which the request is made, the subject-matter of the dispute, the conclusions and a summary of the pleas in law.
It must be accompanied, where appropriate, by the act for which the annulment is sought or, in the case referred to in Article 232 of the EC Treaty and Article 148 of the EAEC Treaty, of a document justifying the date of the invitation provided for Articles. If those documents have not been attached to the request, the Registrar shall invite the person concerned to make the production within a reasonable period of time, without any foreclosure in the event that the regularization would take place after the expiry of the time limit Application.
Article 22
In the cases referred to in Article 18 of the EAEC Treaty, the Court shall have before it an appeal to the Registrar. The action must contain an indication of the name and domicile of the applicant and of the quality of the signatory, the indication of the decision against which the appeal is lodged, the indication of the opposing parties, the subject-matter of the dispute, the conclusions and a statement
The appeal must be accompanied by a copy of the decision of the contested arbitration board.
If the Court rejects the appeal, the decision of the arbitration board becomes final
Decision of the Arbitration Committee, the proceedings may be resumed, where appropriate, by the due diligence of one of the parties to the proceedings before the Arbitration Board. The latter must comply with the points of law adopted by the Court.
Article 23
In the cases referred to in Article 35 (1) of the EU Treaty, Article 234 of the EC Treaty and Article 150 of the Treaty EAEC, the decision of the national court which suspends the proceedings and seizes the Court shall be notified to the Court of Justice in the due diligence of that national court. This decision shall then be notified by the Registrar of the Court to the parties concerned, to the Member States and to the Commission, and to the Council or the European Central Bank, if the act of which the validity or interpretation is contested emanates Of them, and the European Parliament and the Council, if the act of which the validity or interpretation is contested has been adopted jointly by these two institutions.
Within two months of the latter notification, the parties, Member States, the Commission and, where appropriate, the European Parliament, the Council and the European Central Bank have the right to file written submissions or observations before the Court.
In the cases referred to in Article 234 of the EC Treaty, The decision of the national court is, in addition, notified by the Registrar of the Court to the States Parties to the Agreement on the European Economic Area, other than the Member States, and to the EFTA Surveillance Authority referred to in the Agreement which, within two months of notification, and where one of the areas of application of the agreement is concerned, may file written submissions or observations before the Court.
Article 24
The Court may request the Parties to produce all documents and provide any information that it considers desirable. In the case of refusal, it shall take note.
The Court may also request the Member States and institutions which are not parties to the trial any information that it considers necessary for the purposes of the trial.
Article 25
At any time, the Court may entrust expertise to any person, body, office, commission or body of his or her choice.
Article 26
Witnesses may be heard in Conditions to be determined by the Rules of Procedure.
Article 27
The Court shall enjoy in respect of the defaulting witnesses generally recognised powers in courts and tribunals and May impose monetary penalties under conditions determined by the Rules of Procedure.
Article 28
Witnesses and experts may be heard under oath in accordance with the The form determined by the Rules of Procedure or as prescribed by the national legislation of the witness or expert.
Article 29
The Court may order that a witness or expert This
shall be addressed to the competent judicial authority in accordance with the conditions laid down in the Rules of Procedure. The documents resulting from the execution of the letters rogatory shall be returned to the Court under the same conditions.
The Court shall bear the costs, subject to the costs, if any, borne by the Parties.
Article 30
Each member state looks at any violation of the oaths of witnesses and experts as the corresponding offence committed before a national court in civil matters. On denunciation of the Court, it shall prosecute the authors of the offence before the competent national court.
Article 31
The hearing shall be public, unless otherwise decided by the Court, Office or at the request of the Parties, for serious reasons.
Article 32
During the course of the proceedings, the Court may question the experts, witnesses and the Parties themselves. However, the latter may plead only by the body of their representative.
Article 33
There shall be a record of each hearing signed by the President and the Registrar.
Article 34
The role of the hearings is terminated by the President.
Section 35
The Court's deliberations are and remain secret.
Article 36
Stops are motivated. They mention the names of the judges who deliberated.
Article 37
Judgments are signed by the President and the Registrar. They are read in public.
Article 38
The Court rules on costs.
Article 39
The President of the Court may rule in accordance with a procedure Summary derogating, as necessary, from some of the rules contained in this Statute, which will be laid down by the Rules of Procedure, on the finding of a stay provided for in Article 242 of the EC Treaty and in the Article 157 of the EAEC Treaty, either for the application of provisional measures under Article 243 of the EC Treaty or Article 158 of the EAEC Treaty or the suspension of enforcement in accordance with the fourth paragraph of Article 256 of the EC Treaty or The third paragraph of Article 164 of the EAEC Treaty.
If the President is unable to act, the President shall be replaced by another judge under the conditions laid down in the Rules of Procedure.
The order of the President or his replacement Has only a provisional character and does not prejudge the decision of the Court in the main proceedings.
Article 40
The Member States and the institutions of the Communities may intervene in disputes The
right shall belong to any other person justifying an interest in the solution of a dispute submitted to the Court, excluding disputes between Member States, between institutions of the Communities or between Member States, of a And institutions of the Communities, of the other part
Without prejudice to the second subparagraph, the States Parties to the Agreement on the European Economic Area, other than the Member States, and the EFTA Surveillance Authority referred to in that Agreement, May intervene in disputes submitted to the Court where these relate to one of the areas of application of that agreement.
The findings of the request for intervention may have no other purpose other than the support of the conclusions of one of the Parties.
Article 41
When the respondent Party, regularly challenged, fails to file written submissions, the judgment is rendered by default. The judgment shall be subject to opposition within one month of its notification. Unless the Court decides otherwise, the opposition shall not suspend the execution of the judgment by default.
Article 42
The Member States, the institutions of the Communities and all other persons May, in the cases and under the conditions which will be determined by the Rules of Procedure, form third-party opposition against the judgments rendered without having been called, if those judgments give a preliminary ruling on their rights.
Article 43
In the event of difficulty in the meaning and scope of a judgment, it is for the Court to interpret it, at the request of a party or an institution of the Communities justifying an interest in that judgment Purpose.
Article 44
The review of the judgment may be requested by the Court only because of the discovery of a fact of a decisive influence which, before the delivery of the judgment, was The
procedure shall be opened by a judgment of the Court of Justice expressly stating the existence of a new fact, recognising the characters which give rise to the revision and Declaring the request admissible.
No request for review can be made after the expiration of ten years from the date of the shutdown.
Article 45
Distance Delays Shall be established by the Rules of Procedure.
No lapse from the expiry of the time limits may be objected to when the person concerned establishes the existence of a fortuitous event or force majeure.
Article 46
Actions against the Communities in the field of non-contractual liability shall be limited to five years from the occurrence of the event giving rise to it. The limitation period shall be interrupted either by the application before the Court or by the prior request that the victim may address to the competent institution of the Communities. In the latter case, the application must be filed within the two-month period provided for in Article 230 of the EC Treaty and Article 146 of the EAEC Treaty; the provisions of the second paragraph of Article 232 of the EC Treaty and the second paragraph of Article 148 of the EC Treaty. EAEC Treaty, respectively, are applicable.
TITLE IV
THE COURT OF FIRST INSTANCE
OF THE EUROPEAN COMMUNITIES
Article 47
Articles 2 to 8, Articles 14 and 15, Article 17, first, second, fourth and fifth paragraphs, and Article 18 shall apply to the Court of First Instance and its members. The oath referred to in Article 2 shall be taken before the Court and the decisions referred to in Articles 3, 4 and 6 shall be taken by the Court after consulting the Court.
Article 3, fourth paragraph, Articles 10, 11 and 14 shall apply, mutatis mutandis, to the Registrar of the Tribunal.
Section 48
The Tribunal consists of fifteen judges.
Article 49
Members of the Tribunal may be called upon to The
of the Advocate General is to present publicly, impartially and independently, reasoned submissions on certain cases before the Court of First Instance, with a view to assisting the Tribunal in The fulfilment of its task.
The criteria for the selection of cases, as well as the procedures for the appointment of Advocates-General, are laid down in the Rules of Procedure of the Court of First
. V. Advocate General in a case cannot take part in the judgment of this case.
Article 50
The Tribunal sits in chambers, consisting of three or five judges. The judges elect the chairmen of the chambers. The Presidents of the Chambers of five Judges shall be elected for three years. Their terms of reference shall be renewable once.
The Rules of Procedure shall determine the composition of the Chambers and the allocation of cases to them. In certain cases, as determined by the Rules of Procedure, the Court of First Instance may sit as a plenary or a single judge.
The Rules of Procedure may also provide that the Court of First Instance shall sit in the Grand Chamber in the cases and the conditions which it Specifies.
Article 51
By way of derogation from the rule laid down in Article 225 (1) of the EC Treaty and in Article 140a (1) of the EAEC Treaty, the actions brought by the Member States, by Institutions of the Communities and by the European Central Bank shall be within the competence of the Court.
Article 52
The President of the Court and the President of the Court of First Instance shall establish by common accord the Terms and conditions under which officials and other servants attached to the Court lend their service to the Court of First Instance for the purpose of ensuring its operation. Certain officials or other servants report to the Clerk of the Tribunal under the authority of the President of the Tribunal.
Section 53
The procedure before the Tribunal is governed by Title III
Procedure before the Court of First Instance shall be specified and supplemented, as appropriate, by its Rules of Procedure. The Rules of Procedure may derogate from the fourth paragraph of Article 40 and Article 41 to take account of the specificities of litigation in the field of intellectual property.
By way of derogation from the fourth paragraph of Article 20, the lawyer In writing.
Article 54
Where a request or other procedural document addressed to the Tribunal is filed in error with the Registrar of the Court, it shall be Immediately transmitted by the Registrar to the Registrar of the Court of First Instance; likewise, where an application or other procedural document addressed to the Court is filed in error with the Registrar of the Court of First Instance, it shall be immediately transmitted by the Registrar to the Registrar of the Court of First Instance. Court.
Where the Court finds that it does not have jurisdiction to hear an appeal within the jurisdiction of the Court, it refers it to the Court; likewise, where the Court finds that an action falls within the jurisdiction of the Court of First Instance, it
the Court and the Court of First Instance are seized of cases having the same object, raising the same question of interpretation or challenging the validity of the same act, the Court of First Instance, after Have heard the Parties, may suspend the proceedings until the judgment of the Court has been delivered. In the case of applications for the annulment of the same act, the Court of First Instance may also decline jurisdiction in order for the Court to rule on such applications. In the cases referred to in this paragraph, the Court may also decide to suspend the proceedings before it; in this case, the proceedings before the Court of First Instance shall continue.
Article 55
Decisions The Registrar of the Court of First Instance shall notify the Court of First Instance of the Court of First Instance of the Court of First Instance of the Court of First Instance of the Court of First Instance of the Court of First Instance terminating the proceedings. To all the Member States and the institutions of the Communities, even if they have not intervened before the Court of First Instance.
Article 56
An appeal may be brought before the Court, within a period of Two months from the date of the notification of the contested decision, against the decisions of the Court of First Instance, and against its decisions which partially decide the proceedings on the merits or terminate a procedural incident involving On an objection of incompetence or inadmissibility.
This appeal may be brought by any Party which has partially or totally succummed to its conclusions. The interveners other than the Member States and the institutions of the Communities may, however, form this appeal only where the decision of the Court of First Instance directly affects them.
Except in cases between the Communities and Agents, this appeal may also be brought by the Member States and the institutions of the Communities which did not intervene in the proceedings before the Court of First Instance. In this case, the Member States and the institutions are in a position identical to that of the Member States or institutions that would have intervened at first instance.
Article 57
An appeal may be To be brought before the Court against the decisions of the Court of First Instance rejecting a request for intervention, within two weeks of the notification of the decision rejecting it, by any person whose application has been rejected
Be brought before the Court by the parties to the proceedings against the decisions of the Court of First Instance taken under Article 242 or 243 or the fourth paragraph of Article 256 of the EC Treaty, or under Article 157 or 158 or Article 164, third paragraph EAEC Treaty, within two months of their notification.
It shall be decided on the appeals referred to in the first and second paragraphs of this Article in accordance with the procedure laid down in Article 39.
Article 58
The appeal before the Court is limited to questions of law. It may be based on grounds of incompetence of the Court of First Instance, procedural irregularities before the Court of First Instance affecting the interests of the requesting Party and infringement of Community law by the Court of First
. Cannot bear only the burden and the amount of costs.
Article 59
In the event of an appeal against a decision of the Court of First Instance, the procedure before the Court shall consist of a written phase and a phase Oral. In accordance with the conditions laid down in the Rules of Procedure, the Court, the Advocate General and the Parties heard, may act without oral proceedings.
Article 60
Without prejudice to Articles 242 and 243 Of the EC Treaty or Articles 157 and 158 of the EAEC Treaty, the appeal does not have suspensory effect.
By way of derogation from Article 244 of the EC Treaty and Article 159 of the EAEC Treaty, the decisions of the Court of First Instance shall not take effect until From the expiry of the period referred to in the first paragraph of Article 56 of this Statute or, if an appeal has been brought within that period, from the refusal of that period, without prejudice to the right of a Party to refer the matter to the Court, by virtue of the articles 242 and 243 of the EC Treaty or Articles 157 and 158 of the EAEC Treaty, of an application for the suspension of the effects of the annulled regulation or on the prescription of any other provisional measure.
Article 61
the appeal is well founded, the Court shall set aside the decision of the Court of First Instance. It can then either decide itself definitively on the dispute, when it is in a state of trial, or refer the case back to the Court of First Instance for its decision.
In the event of a referral, the Court of First Instance is bound by the points of law determined by the Decision of the Court.
Where an appeal by a Member State or an institution of the Communities which has not intervened before the Court of First Instance is well founded, the Court may, if it considers it necessary, indicate those of the effects of the decision Annulled by the Court of First Instance which must be regarded as definitive in respect of the parties to the dispute.
Article 62
In the cases provided for in Article 225 (2) and (3) of the EC Treaty and Article 140 In paragraphs 2 and 3 of the EAEC Treaty, the first Advocate General may, where he considers that there is a serious risk of injury to the unity or the consistency of Community law, propose to the Court to review the decision of the Court of First
. Proposal must be made within one month of the decision of the Court of First Instance. The Court shall decide, within one month of the proposal made by the first Advocate General, whether or not to reconsider the decision.
TITLE V
FINAL PROVISIONS
Article 63
The Rules of Procedure of the Court and the Tribunal contain all provisions necessary to apply and complete this status, as appropriate.
Article 64
Until the adoption of rules on the language regime applicable to the Court and the Court in this Statute, the provisions of the Rules of Procedure of the Court of Justice and of the Rules of Procedure of the Court of First Instance relating to the regime Language remains applicable. Any amendment or repeal of these provisions shall be made in accordance with the procedure for amending this Statute.
C. -PROTOCOLS ANNEXED TO THE TREATY
ESTABLISHING THE EUROPEAN COMMUNITY
PROTOCOL RELATING TO THE FINANCIAL CONSEQUENCES OF THE EXPIRATION OF THE ECSC TREATY AND THE COAL AND STEEL FUND
The High Contracting Parties,
Desiring to settle certain questions relating to The expiry of the Treaty establishing the European Coal and Steel Community (ECSC);
To confer ownership of the ECSC funds to the European Community;
Taking into account the fact that it is desirable to use these funds for the Research in the sectors relating to the coal and steel industry and that, consequently, certain specific rules should be laid down in this respect,
The following provisions are annexed to the Treaty establishing the Community: European:
Article 1
1. All the assets and liabilities of the ECSC, as they exist on 23 July 2002, are transferred to the European Community as of 24 July 2002.
2. Subject to any increase or decrease which may occur as a result of the liquidation operations, the net value of those elements, as they appear in the balance sheet of the ECSC as at 23 July 2002, shall be regarded as a heritage For research in sectors related to the coal and steel industry, designated by " ECSC in liquidation ". After the closure of the liquidation, the heritage is referred to as " Coal and Steel Research Fund Assets ".
3. The revenue generated by this heritage, named " Research Fund for Coal and Steel " shall be used exclusively for research in the coal and steel industry sectors outside the research framework programme, In accordance with the provisions of this Protocol and the acts adopted on the basis thereof.
Article 2
The Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, shall adopt all the provisions necessary for the implementation of this Protocol, including the essential principles and appropriate decision-making procedures, in particular with a view to the adoption of the financial guidelines Multi-year for the management of the heritage of the Research Fund for Coal and Steel, as well as technical guidelines for the research program of this Fund.
Article 3
Provisions of the Treaty establishing the European Community shall apply, except as otherwise provided in this Protocol and of acts adopted on the basis thereof.
Article 4
This Protocol Applies as of July 24, 2002.
PROTOCOL RELATING TO ARTICLE 67
OF THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY
The High Contracting Parties
Have agreed to the provision Annexed to the Treaty establishing the European Community:
Sole Article
As from 1 May 2004, the Council shall act by a qualified majority on a proposal from the Commission and after Consultation of the European Parliament to adopt the measures referred to in Article 66 of the Treaty establishing the European Community.
FINAL ACT
The Conference of Representatives of the Governments of the States Members, convened in Brussels on 14 February 2000 to agree upon the amendments to be made to the Treaty on European Union, to the Treaties establishing the European Community, the European Energy Community And the European Coal and Steel Community and certain related acts, has adopted the following
: -Treaty of Nice amending the Treaty on European Union, the Treaties establishing the European Communities and certain Related acts
II. -Protocols
A. -Protocol annexed to the Treaty on European Union and to the Treaties establishing the European Communities:
-Protocol on the enlargement of the European
. -Protocol annexed to the Treaty on European Union, to the Treaty establishing the European Community and the Treaty establishing the European Atomic Energy Community:
-Protocol on the Statute of the Court of Justice
-Protocols annexed to the Treaty establishing the European
: The financial consequences of the expiry of the ECSC Treaty and the Research Fund for Coal and Steel;
-Protocol on Article 67 of the Treaty establishing the European Community.
The Conference adopted the declarations listed Annexed to this Final Act
1. Declaration on the European Security and Defence Policy
2. Declaration on Article 31 (2) of the Treaty on European Union
3. Declaration on Article 10 of the Treaty establishing the European Community
4. Declaration on the third paragraph of Article 21 of the Treaty establishing the European Community
5. Declaration on Article 67 of the Treaty establishing the European Community
6. Declaration on Article 100 of the Treaty establishing the European Community
7. Declaration on Article 111 of the Treaty establishing the European Community
8. Declaration on Article 137 of the Treaty establishing the European Community
9. Declaration on Article 175 of the Treaty establishing the European Community
10. Declaration on Article 181a of the Treaty establishing the European Community
11. Declaration on Article 191 of the Treaty establishing the European Community
12. Declaration on Article 225 of the Treaty establishing the European Community
13. Declaration on Article 225 (2) and (3) of the Treaty establishing the European Community
14. Declaration on Article 225 (2) and (3) of the Treaty establishing the European Community
15. Declaration on Article 225 (3) of the Treaty establishing the European Community
16. Declaration on Article 225a of the Treaty establishing the European Community
17. Declaration on Article 229a of the Treaty establishing the European Community
18. Statement on the Court of Auditors
19. Declaration on Article 10-6 of the Statute of the European System of Central Banks and of the European Central Bank
20. Declaration on the enlargement of the European Union
21. Declaration on the threshold of qualified majority voting and the number of votes of the blocking minority in an enlarged Union
22. Declaration on the place of meeting of the European Councils
23. Declaration on the future of the Union
24. Declaration on Article 2 of the Protocol on the financial consequences of the expiry of the ECSC Treaty and the Research Fund for Coal and Steel.
The Conference took note of the declarations listed below and annexed to the Final Act:
1. Luxembourg Declaration;
2. Declaration by Greece, Spain and Portugal on Article 161 of the Treaty establishing the European Community;
3. Declaration of Denmark, Germany, the Netherlands and Austria on Article 161 of the Treaty establishing the European Community.
Done at Nice, the twenty-six February two mil one.
STATEMENTS ADOPTED
BY LA
CONFERENCE 1. Declaration on European security and defence policy
In accordance with the texts approved by the Nice European Council on the European Security and Defence Policy (report of the Presidency and its annexes), the objective of the European Union is that it is quickly operational. A decision to this effect will be taken by the European Council as soon as possible in 2001 and, at the latest, by the European Council in Laeken/Brussels, on the basis of the existing provisions of the Treaty on European Union. As a result, the entry into force of the Treaty of Nice is not a prerequisite.
2. Declaration on Article 31, paragraph 2,
of the Treaty on European Union
The Conference recalls that:
-The decision to establish a unit of prosecutors, magistrates or police officers with Equivalent competences, seconded by each Member State (Eurojust), whose mission is to contribute to good coordination between the national prosecuting authorities and to assist in the investigation of crime Organised, was provided for by the conclusions of the Presidency of the Tampere European Council of 15 and 16 October 1999;
-The European Judicial Network was established by Joint Action 98 /428/JHA adopted by the Council on 29 June 1998 (OJ No L 191 On July 7, 1998, p. 4).
3. Declaration on Article 10
of the Treaty establishing the European Community
The Conference recalls that the duty of sincere cooperation resulting from Article 10 of the Treaty establishing the European Community and which Regulates relations between the Member States and the Community institutions also governs relations between the Community institutions themselves. As regards relations between the institutions, where it is necessary, within the framework of this duty of loyal cooperation, to facilitate the application of the provisions of the Treaty establishing the European Community, the European Parliament, the The Council and the Commission may conclude interinstitutional agreements. These agreements may not modify or supplement the provisions of the Treaty and can only be concluded with the agreement of these three institutions.
4. Declaration on Article 21, third paragraph,
of the Treaty establishing the European Community
The Conference shall invite the institutions and bodies referred to in the third paragraph of Article 21, or Article 7, to ensure that That the reply due to any written request of a citizen of the Union be addressed to the Union within a reasonable time.
5. Declaration on Article 67
of the Treaty establishing the European Community
The High Contracting Parties express their agreement so that the Council, in the decision it is required to take under the Article 67, paragraph 2, second indent:
-decides to decide, from 1 May 2004, in accordance with the procedure referred to in Article 251 to adopt the measures referred to in Article 62 (3) and Article 63 (3) (b);
-decides on Decide, in accordance with the procedure referred to in Article 251, to adopt the measures referred to in Article 62 (2) (a) from the date on which there will be an agreement on the scope of the measures concerning the crossing by Persons from the external borders of the Member States.
The Council will also endeavour to make the procedure referred to in Article 251 applicable, as from 1 May 2004 or as soon as possible after that date, to the other areas covered By Title IV, or some of them.
6. Declaration on Article 100
of the Treaty establishing the European Community
The Conference recalls that decisions on financial assistance, as provided for in Article 100, and which are compatible with The 'no lease-out' rule laid down in Article 103, must be in line with the financial perspective 2000-2006 and, in particular, point 11 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on Budgetary discipline and improvement of the budgetary procedure, as well as the corresponding provisions for future interinstitutional agreements and financial perspectives.
7. Declaration on Article 111
of the Treaty establishing the European Community
The Conference agrees that the procedures are such as to enable all Member States of the euro area to be fully involved in Each stage of the preparation of the Community's position at international level with regard to matters of particular interest to Economic and Monetary Union.
8. Declaration on Article 137
of the Treaty establishing the European Community
The Conference agrees that any expenditure under Article 137 will be charged to heading 3 of the Financial Perspective.
9. Declaration on Article 175
of the Treaty establishing the European Community
The High Contracting Parties are determined to ensure that the European Union plays a leading role in promoting protection Of the environment in the Union and, at international level, to pursue the same objective at global level. Full use must be made of all the possibilities offered by the Treaty in pursuit of this objective, including the use of market-oriented incentives and instruments to promote development Durable.
10. Declaration on Article 181 A
of the Treaty establishing the European Community
The Conference confirms that, without prejudice to the other provisions of the Treaty establishing the European Community, aid to the balance Payments from third countries do not fall within the scope of Article 181 A.
11. Declaration on Article 191
of the Treaty establishing the European Community
The Conference recalls that the provisions of Article 191 do not imply any transfer of powers to the European Community and Do not affect the application of the relevant national constitutional rules.
Financing of political parties at European level by the budget of the European Communities cannot be used for the direct or indirect financing of the Political parties at national level.
The provisions on the financing of political parties apply, on the same basis, to all political forces represented in the European Parliament.
12. Declaration on Article 225
of the Treaty establishing the European Community
The Conference calls on the Court of Justice and the Commission to carry out, as soon as possible, an overall review of the distribution of Competence between the Court of Justice and the Court of First Instance, in particular with regard to direct action, and to submit appropriate proposals so that they can be examined by the competent bodies from the time of entry into Treaty of Nice.
13. Declaration on Article 225 (2) and (3),
of the Treaty establishing the European Community
The Conference considers that the essential provisions of the review procedure laid down in Article 225 (2) And 3, should be defined in the Statute of the Court of Justice.
These provisions should in particular specify:
-the role of the parties in the proceedings before the Court of Justice, in order to ensure the safeguarding of their rights ;
-the effect of the review procedure on the enforceability of the Court of First Instance decision;
-the effect of the Court of Justice on the dispute between the parties.
14. Declaration on Article 225 (2) and (3),
of the Treaty establishing the European Community
The Conference considers that the Council, when adopting the provisions of the Statute necessary for the implementation of Article 225 (2) and (3) should put in place a procedure ensuring that the practical operation of these provisions will be evaluated no later than three years after the entry into force of the Treaty of Nice.
15. Declaration on Article 225 (3),
of the Treaty establishing the European Community
The Conference considers that, in exceptional cases where the Court decides to review a decision of the Court of First Instance For a preliminary ruling, it should act in an emergency procedure.
16. Declaration on Article 225 A
of the Treaty establishing the European Community
The Conference calls on the Court of Justice and the Commission to prepare, as soon as possible, a draft decision creating a Decision in the first instance on disputes between the Community and its agents.
17. Declaration on Article 229 A 3
of the Treaty establishing the European Community
The Conference considers that Article 229 A does not prejudge the choice of the judicial framework which may be set up for processing Proceedings relating to the application of acts adopted on the basis of the Treaty establishing the European Community which create Community industrial property titles.
18. Declaration on the Court of Auditors
The Conference calls on the Court of Auditors and national audit institutions to improve the framework and conditions for their cooperation, while maintaining their autonomy
President of the Court of Auditors may set up a contact committee with the presidents of the national audit institutions.
19. Declaration on Article 10.6 of the Statute of the European System of Central Banks and of the European Central Bank
The Conference expects that a recommendation within the meaning of Article 10-6 of the Statute of the European System of Central Banks The European Central Bank will be presented as soon as possible.
20. Declaration
the enlargement of the European Union (cf. Note 1)
The common position of the Member States at the accession conferences with regard to the distribution of seats in Parliament The weighting of votes in the Council, the composition of the Economic and Social Committee and the composition of the Committee of the Regions shall be in accordance with the following tables for a Union of 27 Member States.
1. The European Parliament
You can view the table in OJ
No 67, 20/03/2003, page 4940 to 4965
2. The weighting of votes in the Council
You can view the table in OJ
No. 67, 20/03/2003, page 4940 to 4965
Deliberations are acquired if they have Collected at least two hundred and fifty-eight votes in favour of the majority of the members, where, under this Treaty, they shall be taken on a proposal from the Commission
Acquired if they have received at least two hundred and fifty-eight votes in favour of at least two-thirds of the members.
A member of the Council may request that, when a decision is taken by the Council by a qualified majority, it Be verified that the Member States constituting this qualified majority represent at least 62 % of the total population of the Union. If it is found that this condition is not met, the decision is not adopted.
3. The Economic and Social Committee
You can view the table in OJ
No 67, 20/03/2003, page 4940 to 4965
4. The Committee of the Regions
You can view the table in OJ
No 67, 20/03/2003, page 4940 to 4965
21. Declaration on the threshold of qualified majority voting and the number of votes of the blocking minority in an enlarged Union
As long as all the applicant states on the list included in the declaration on the enlargement of The European Union has not yet acceded to the Union when the new voting weights come into force (1 January 2005), the qualified majority threshold will change, depending on the pace of the accessions, from a lower percentage The current percentage up to a maximum of 73.4 %. When all the candidate states mentioned above have joined, the blocking minority, in such a Union of 27, will be brought to 91 votes and the qualified majority threshold resulting from the table included in the declaration on enlargement The European Union will automatically be adapted accordingly.
22. Declaration on the
meeting place of the European Councils
Starting in 2002, a meeting of the European Council by the Presidency will be held in Brussels.
When the Union has eighteen members, all meetings of the European Council will be held in Brussels. European Council in Brussels.
23. Declaration on the future of the Union
1. Important reforms were decided in Nice. The Conference welcomes the successful completion of the Conference of Representatives of the Governments of the Member States and urges the Member States to ensure that the Treaty of Nice is ratified without
. It agrees that the conclusion of the Conference of Representatives of the Governments of the Member States opens the way for the enlargement of the European Union and underlines that, when the Treaty of Nice is ratified, it will have completed the changes Necessary for the accession of new Member States.
3. Having thus opened the way to enlargement, the Conference would like to see a wider and more in-depth debate on the future of the European Union. In 2001, the Swedish and Belgian Presidencies, in cooperation with the Commission and with the participation of the European Parliament, will encourage a broad debate involving all interested Parties: representatives of national parliaments and The general public, namely political, economic and academic circles, representatives of civil society, etc. The candidate states will be involved in this process according to modalities to be defined.
4. Following a report to be prepared for the Gothenburg European Council in June 2001, the European Council, at its meeting in Laeken/Brussels in December 2001, will adopt a declaration containing appropriate initiatives to pursue this Process.
5. This process should include, inter alia, the following questions:
-how to establish, and then maintain, a more precise delimitation of competences between the Union and the Member States, which complies with the principle of subsidiarity;
- The status of the Charter of Fundamental Rights of the European Union, proclaimed in Nice, in accordance with the conclusions of the European Council in Cologne;
-simplifying the Treaties so that they are clearer and better understood, without changing their meaning ;
-the role of national parliaments in European architecture.
6. In reviewing these issues, the Conference recognises the need to continuously improve and ensure the democratic legitimacy and transparency of the Union and its institutions in order to bring them closer to the citizens of the Member
. 7. The Conference agrees that, once this preparatory work has been completed, a new Conference of the Representatives of the Governments of the Member States will be convened in 2004 to address the above points with a view to bringing the Treaties to the Treaties
8. The Conference of Representatives of the Governments of the Member States will in no way constitute an obstacle to the enlargement process or a precondition for it. In addition, the candidate states which have completed the accession negotiations with the Union will be invited to participate in the Conference. Those not completed will be invited to participate as observers.
24. Declaration on Article 2 of the Protocol on the financial consequences of the expiry of the ECSC Treaty and the Research Fund for Coal and
The Conference invites the Council to ensure, within the framework of Article 2 of the Protocol, to maintain the ECSC statistical system after the expiry of the ECSC Treaty and until 31 December 2002, and to invite the Commission to make the appropriate recommendations.
DECLARATIONS DONT THE CONFERENCE
A PRIS ACT
1. Luxembourg Declaration
Without prejudice to the decision of 8 April 1965 and the provisions and potentialities contained therein concerning the seat of future institutions, bodies and services, the Luxembourg Government Undertakes not to claim the seat of the Boards of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs), which remain in Alicante, including in cases where these chambers would become chambers Jurisdiction within the meaning of Article 220 of the Treaty establishing the European
. Declaration by Greece, Spain and Portugal on Article 161 of the Treaty establishing the European
The agreement of Greece, Spain and Portugal by a qualified majority in Article 161 of the Treaty establishing the European Community The European Community was given on the basis of what the term " Multi-annual ", in the third subparagraph, means that the financial perspective applicable from 1 January 2007 and the related interinstitutional agreement shall have a duration This will be the same as the current Financial Perspectives.
3. Declaration by Denmark, Germany, the Netherlands and Austria on Article 161 of the Treaty establishing the European Community
With regard to the declaration of Greece, Spain and Portugal on Article 161 of the Treaty establishing the European Community, Denmark, Germany, the Netherlands and Austria declare that this declaration does not prejudge the action of the European Commission, in particular its right of initiative.
Done at Paris, March 18, 2003.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Jean-Pierre Raffarin
Foreign Minister,
Dominique de Villepin
