Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs and International Development,
Considering the Constitution, in particular articles 52 to 55;
Vu la Act No. 2012-323 of 7 March 2012 authorizing the ratification of the decision of the European Council amending Article 136 of the Treaty on the Functioning of the European Union with regard to a mechanism of stability for Member States whose currency is the euro;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
Vu le Decree No. 94-80 of 18 January 1994 publication of the Treaty on the European Union, signed at Maastricht on 7 February 1992,
Decrete:
The decision of the European Council amending Article 136 of the Treaty on the Functioning of the European Union concerning a mechanism of stability for the Member States whose currency is the euro, adopted in Brussels on 25 March 2011, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs and International Development are responsible, each with respect to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
DECISION
ARTICLE 136 OF THE WORK ON THE FUNCTIONING OF THE EUROPEAN UNION WITH REGARD TO A STABILITY MECHANISM FOR MEMBERS OF THE WORLD IS THE EUROPEAN, ADOPTED at BRUSSELS on 25 MARCH 2011
THE EUROPEAN COUNCIL,
Having regard to the Treaty on the European Union, including Article 48, paragraph 6,
Considering the draft revision of Article 136 of the Treaty on the Functioning of the European Union submitted to the European Council by the Belgian Government on 16 December 2010,
Considering the opinion of the European Parliament,
Considering the opinion of the European Commission,
After obtaining the opinion of the European Central Bank ,
Considering the following:
(1) Article 48, paragraph 6, of the Treaty on the European Union (TEU) authorizes the European Council, unanimously deciding after consultation with the European Parliament, the Commission and, in some cases, the European Central Bank, to adopt a decision amending all or part of the provisions of Part III of the Treaty on the Functioning of the European Union (TFEU). Such a decision cannot increase the competence assigned to the Union in the treaties and its entry into force is subject to its subsequent approval by the Member States, in accordance with their respective constitutional rules.
(2) At the meeting of the European Council on 28 and 29 October 2010, the Heads of State or Government agreed that it was necessary for the Member States to establish a permanent crisis management mechanism to preserve the financial stability of the euro zone as a whole and invited the President of the European Council to consult with the members of the European Council on a limited amendment of the treaty necessary for this purpose.
(3) On 16 December 2010, the Belgian government submitted, in accordance with Article 48, paragraph 6, first paragraph, of the TEU, a draft for the revision of Article 136 of the TFEU consisting of adding a paragraph providing that the Member States whose currency is the euro may establish a mechanism of stability that will be activated if it is essential to preserve the stability of the euro zone in its entirety and that the granting, under the mechanism, of any financial assistance At the same time, the European Council adopted conclusions on the future stability mechanism (items 1 to 4).
(4) The stability mechanism will be the instrument necessary to deal with situations in which the financial stability of the euro zone as a whole is threatened, as was the case in 2010, and will thus contribute to preserving the economic and financial stability of the Union itself. At its meeting on 16 and 17 December 2010, the European Council agreed that, since this mechanism is designed to preserve the financial stability of the euro zone as a whole, it will no longer be useful to use Article 122, paragraph 2, of the TFEU for these purposes. The Heads of State or Government therefore agreed that this provision should not be used for these purposes.
(5) On 16 December 2010, the European Council decided, in accordance with Article 48, paragraph 6, second paragraph, of the TEU, to consult the European Parliament and the Commission on the draft. It also decided to consult the European Central Bank. The European Parliament [1], the Commission [2] and the European Central Bank [3] issued an opinion on the draft.
(6) The amendment concerns a provision of Part 3 of the TFEU and does not increase the competence assigned to the Union in treaties,
ADOPTED THE PRESENT DECISION:
Article 1
In Article 136 of the Treaty on the Functioning of the European Union, the following paragraph is added:
“3. Member States whose currency is the euro can establish a stability mechanism that will be activated if it is essential to preserve the stability of the euro zone as a whole. The granting of any necessary financial assistance under the mechanism will be subject to strict conditionality. »
Article 2
The Member States shall promptly notify the Secretary General of the Council of the fulfilment of the procedures required by their respective constitutional rules for the approval of this decision.
This decision comes into force on 1 January 2013, provided that all notifications referred to in the first paragraph have been received or, if not, on the first day of the month following receipt of the last notification referred to in the first paragraph.
Article 3
This decision is published in the Official Journal of the European Union.
Done in Brussels on 25 March 2011.
By the European Council:
The president,
H. vAN ROMPUY
Done on June 2, 2015.
François Hollande
By the President of the Republic:
The Prime Minister,
Manuel Valls
Minister for Foreign Affairs and International Development,
Laurent Fabius
