JUAN CARLOS I REY OF SPAIN

To all who present it and understand it.

Sabed: That the Cortes General have approved and I come to sanction the following Organic Law.

EXPLANATORY STATEMENT

The signing on 26 February 2001 of the Treaty of Nice allows the process initiated by the Treaty of Amsterdam to be completed in order to prepare the institutions of the European Union to operate in an enlarged Union.

In fact, the new Treaty introduces important changes affecting the composition and functioning of the institutions and bodies of the Union, the judicial system, qualified majorities, enhanced cooperation, fundamental rights, security and defence, criminal judicial cooperation and the ECSC Treaty.

From 1 January 2005, a reweighting of the votes attributed to each Member State in the Council which takes greater account of the demographic factor and new rules for determining qualified majority will enter into force. The Protocol on the enlargement of the European Union and annexed declarations lay down the rules and principles for fixing the votes allocated to the new Member States and the threshold of the majority in the successive accession treaties. qualified.

The Treaty establishes a new composition of the Commission which will enter into force from the year 2005, modifies the way in which its President and Members are appointed, and considerably strengthens the powers of the President.

The court system of the Union is the subject of a thorough reform, so that the Court of Justice will have the jurisdiction to know in general the judicial resources and the guarantor of the unity of the interpretation and application of Community law, while the Court of First Instance shall be a judge of common law in the field of direct resources.

Courts will also be created that will be familiar with highly specialized litigation.

The new Treaty also introduces amendments relating to the composition and organisation of the Court of Auditors, the Economic and Social Committee and the Committee of the Regions with a view to enlargement. The Declaration on the enlargement of the EU also identifies the number of seats to be allocated in these two committees to the new Member States in the future accession treaties.

Twenty-seven provisions pass in full or in part from unanimity to a qualified majority, and several of them will be governed by the co-decision procedure.

The use of enhanced cooperation in the field of the first and third pillars is facilitated and the possibility of establishing them also in the field of common foreign and security policy is opened.

The Treaty on European Union has been amended in order to reflect on the progress made in the field of security and defence, to mention and describe the functions of "Eurojust", and to establish a rapid alert mechanism. to deal with possible risks of violations of democratic principles or human rights by a Member State.

Finally, a Protocol lays down the measures necessary to provide for the consequences of the expiry of the Treaty on the Economic Community of Coal and Steel on 23 July 2002.

The provision of the State's consent to ratify the Treaty of Nice must be authorized by Law, in accordance with the provisions of Article 93 of the Constitution, just as it did in the case of the accession of Spain to the European Communities and the ratification of the Single European Act and the Treaties of Maastricht and Amsterdam.

Single item.

The ratification by Spain of the Treaty of Nice amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts, signed at Nice on 26 June, is hereby authorised. February 2001.

Single end disposition.

This Organic Law shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Therefore, I command all Spaniards, individuals and authorities, to keep and keep this Organic Law.

Madrid, 6 November 2001.

JOHN CARLOS R.

The President of the Government, JOSÉ MARÍA AZNAR LÓPEZ

TREATY OF NICE AMENDING THE TREATY ON EUROPEAN UNION, THE TREATIES ESTABLISHING THE EUROPEAN COMMUNITIES AND CERTAIN RELATED ACTS

INDEX

Preamble.

Part One: Substantive Modifications:

Article 1: points 1 to 15 (EU Treaty).

Article 2: points 1 to 47 (EC Treaty).

Article 3: points 1 to 25 (EAEC Treaty).

Article 4: points 1 to 19 (ECSC Treaty).

Article 5: Protocol on the Statute of the ESCB and of the ECB.

Article 6: Protocol on the Privileges and Immunities of the European Communities.

Part II: Transitional and final provisions:

Articles 7 to 13.

Protocols:

Protocol on the enlargement of the European Union.

Protocol on the Statute of the Court of Justice.

Protocol on 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.

Final Act.

Statements adopted by the conference.

Statements that the conference took note of.

Her Majesty the King of the Belgians, Her Majesty the Queen of Denmark, The President of the Federal Republic of Germany, The President of the Hellenic Republic, His 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 Portuguese Republic, The President of the Republic of Finland, Her Majesty the King of Sweden, Her Majesty the Queen of the United Kingdom of Great Britain The European Union, in the context of the Treaty of Amsterdam, has been able to bring to an end the process initiated by the Treaty of Amsterdam in order to prepare the institutions of the European Union. European Union to operate in an enlarged Union, thus decided to proceed with the accession negotiations to complete satisfactorily, in accordance with the procedure laid down in the Treaty on European Union, agreed to amend the Treaty on European Union, the Treaties establishing the European Communities European and certain related acts, and have designated for this purpose as plenipotentiaries:

Her Majesty the King of the Belgians:

Mr. Louis Michel, Deputy Prime Minister and Minister of Foreign Affairs; Her Majesty the Queen of Denmark:

Mr. Mogens Lykketoft, Minister of 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:

Mr. Georgios Papandreou, Minister of Foreign Affairs; His Majesty the King of Spain:

Mr. Josep Pique i Camps, Minister of Foreign Affairs; The President of the French Republic:

Mr. Hubert Vedrine, Minister of Foreign Affairs; The President of Ireland:

Mr. Brian Cowen, Minister of Foreign Affairs; The President of the Italian Republic:

Mr. Lamberto Dini, Minister of Foreign Affairs; His Royal Highness the Grand Duke of Luxembourg:

A Mrs. Lydie Polfer, Deputy Prime Minister, Minister of Foreign Affairs and Foreign Trade; Her Majesty the Queen of the Netherlands:

Mr Jozias Johannes van Aartsen, Minister for Foreign Affairs; The Federal President of the Republic of Austria:

To Mrs Benita Ferrero-Waldner, Federal Minister for Foreign Affairs; The President of the Portuguese Republic:

Mr. Jaime Gama, Minister of State, Minister of Foreign Affairs; The President of the Republic of Finland:

Mr. Erkki Tuomioja, Minister of Foreign Affairs; His Majesty the King of Sweden:

To Mrs. Anna Lindh, Minister of Foreign Affairs; Her Majesty the Queen of the United Kingdom of Great Britain and Northern Ireland:

To Mr. Robin Cook, Minister of Foreign and Commonwealth Affairs; Who, having exchanged their full powers, recognized in good and due form, have agreed upon the following provisions:

FIRST PART

Substantive modifications

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 from one third of the Member States, the European Parliament or the Commission, the Council, acting by a majority of four fifths of its members and after obtaining the assent of the European Parliament, may establish the existence of a risk of a serious breach by a Member State of principles referred to in Article 6 (1) and to make appropriate recommendations to it. Before proceeding with this finding, the Council shall hear the Member State concerned and may, in accordance with the same procedure, request independent persons to submit within a reasonable time a report on the situation in the Member State concerned. Member State.

The Council will regularly check whether the reasons for such a finding are still valid.

2. The Council, meeting in its formation of Heads of State or Government, acting unanimously on a proposal from one third of the Member States or the Commission and after obtaining the assent of the European Parliament, may establish that there is a breach serious and persistent by a Member State of principles as referred to in Article 6 (1), after inviting the Government of the Member State concerned to submit its observations.

3. Where the finding referred to in paragraph 2 has been made, the Council may, acting by a qualified majority, decide to suspend certain rights arising from the application of this Treaty to the Member State concerned, including the voting rights of 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 the suspension for the rights and obligations of natural and legal persons.

The obligations of the Member State concerned arising from this Treaty shall in any event continue to be binding on that State.

4. The Council may subsequently decide, by qualified majority, to amend or revoke the measures taken in accordance with paragraph 3 in response to changes in the situation which led to its imposition.

5. For the purposes of this Article, the Council shall decide without taking into account the vote of the representative of the government of the Member State concerned. Abstentions by members present or represented shall not prevent the adoption of the decisions referred to in paragraph 2. The qualified majority shall be defined as the same proportion of the weighted votes of the members of the Council. The Commission shall, in accordance with Article 205 (2) of the Treaty establishing the European Community.

This paragraph shall also apply in the case of suspension of voting rights in accordance with paragraph 3.

6. For the purposes of paragraphs 1 and 2, the European Parliament shall decide by a majority of two-thirds of the votes cast, representing the majority of its members. '

2) Article 17 is replaced by the following:

" Article 17.

1. The common foreign and security policy shall cover all matters relating to the security of the Union, including the progressive definition of a common defence policy, which could lead to a common defence if the Council so decides. European. In such a case, it shall recommend to the Member States the adoption of that decision in accordance with their respective constitutional requirements.

The policy of the Union under this Article shall not affect the specific character of the security and defence policy of certain Member States and shall respect the obligations arising from the North Atlantic Treaty. for certain Member States which consider their common defence to be carried out within the North Atlantic Treaty Organisation (NATO) and shall be compatible with the common security and defence policy established in that framework.

The progressive definition of a common defence policy will be supported, as the Member States consider appropriate, by cooperation with each other in the arms sector.

2. The questions referred to in this Article shall include humanitarian and rescue missions, peacekeeping missions and missions involving combat forces for crisis management, including the missions of the restoration of peace.

3. The decisions referred to in this Article having an impact on the defence shall be taken without prejudice to the policies and obligations referred to in the second subparagraph of paragraph 1.

4. The provisions of this Article shall not preclude the development of enhanced cooperation between two or more Member States at bilateral level, within the framework of the Western European Union (WEU) and NATO, provided that such cooperation does not contravene or hinder the one referred to in this Title.

5. In order to promote the objectives of 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:

"the appointment of a special representative in accordance with Article 18 (5)."

4) Article 24 is replaced by the following:

" Article 24.

1. Where, in order to implement this Title, it is necessary to conclude an agreement with one or more States or international organisations, the Council may authorise the Presidency, if assisted by the Commission, to open negotiations with effect. The Council shall conclude such agreements on the basis of a recommendation from the Presidency.

2. The Council shall act unanimously when the agreement relates to an issue requiring unanimity for the adoption of internal decisions.

3. Where the agreement is intended to implement a common 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 concerns an issue requiring a qualified majority for the adoption of decisions or internal measures, the Council shall act by a qualified majority in accordance with Article 34 (3).

5. No agreement shall be binding on a Member State whose representative in the Council declares that it has to comply with the requirements of its own constitutional procedure; the other members of the Council may nevertheless agree that the Agreement is provisionally applied to them.

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:

" Article 25.

Without prejudice to the provisions of Article 207 of the Treaty establishing the European Community, a Political and Security Committee shall follow the international situation in the fields of foreign and security policy. common security and will contribute to the definition of policy by issuing opinions to the Council, either on its own initiative or on its own initiative. It shall also monitor the implementation of the agreed policies, without prejudice to the powers of the Presidency and the Commission.

In the framework of this Title, the Committee shall exercise, under the responsibility of the Council, the political control and strategic direction of crisis management operations.

For the purposes of a crisis management operation and for the duration of such operation, as determined by the Council, the Council may authorise the Committee to take appropriate decisions with regard to political and political control. strategic direction of the operation, without prejudice to the provisions of Article 47. '

6) The following items are inserted:

" Article 27 A.

1. Enhanced cooperation in any of the areas referred to in this Title shall be intended to defend values and to serve the interests of the Union as a whole by affirming its identity as a coherent force in the international level. Such co-operations shall comply with:

The principles, objectives, general guidelines and coherence of the common foreign and security policy, as well as the decisions taken in the framework of this policy, the powers of the European Community, and the consistency between the Union's policy mix and its external action.

2. The provisions of Articles 11 to 27 and Articles 27 B to 28 shall apply to the enhanced cooperation provided for in this Article, save as otherwise provided in Article 27c and Articles 43 to 45.

Article 27 B.

Co-operations strengthened under this Title shall relate to the implementation of a common action or a common position. They may not refer to issues which have military implications or impact on the field of defence.

Article 27 C.

Member States which intend to establish enhanced cooperation under Article 27 B shall address an application to the Council.

The request will be forwarded to the Commission and, for information, to the European Parliament. The Commission shall deliver its opinion in particular on the consistency of enhanced cooperation intended to be established with the Union's policies. The authorization shall be granted by the Council, in accordance with Articles 43 to 45, in accordance with the second and third subparagraphs of Article 23 (2).

Article 27 D.

Without prejudice to the powers of the Presidency and the Commission, the Secretary-General of the Council, High Representative for the Common Foreign and Security Policy, shall ensure in particular 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 enhanced cooperation established under Article 27c shall notify its intention to the Council and inform the Commission. The Commission shall forward an opinion to the Council within three months of the date of receipt of the notification.

Within four months of the date of receipt of the notification, the Council shall act on the request, as well as on any particular provisions which it may deem necessary. The decision shall be deemed to have been approved unless the Council, acting by a qualified majority and within the same period of time, decides to put it on hold; in such a case, the Council shall state the reasons for its decision and set a time limit for its consideration.

For the purposes of this Article, the Council shall act by a qualified majority. The qualified majority shall be defined by keeping the same proportion of the weighted votes and the same proportion of the number of the Council members concerned 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:

" further cooperation between the judicial authorities and other competent authorities of the Member States, including through the European Judicial Cooperation Unit (Eurojust), in accordance with the provisions of Articles 31 and 32; ".

8) Article 31 is replaced by the following:

" Article 31.

1. Joint action on judicial cooperation in criminal matters shall include, inter alia:

(a) the facilitation and acceleration of cooperation between the ministries and the competent judicial or equivalent authorities of the Member States, also, where appropriate, by Eurojust, in relation to the causes and the (b) the facilitation of extradition between Member States; (c) the achievement of the compatibility of the rules applicable in the Member States, to the extent necessary to improve such cooperation; conflicts of jurisdiction between Member States; and) the progressive adoption of measures establishing minimum standards for the constituent elements of offences and penalties in the areas of organised crime, terrorism and the illicit trafficking of drugs.

2. The Council shall encourage cooperation through Eurojust:

a) training Eurojust to contribute to adequate coordination between the authorities

nationals of Member States charged with the pursuit of crime; (b) promoting the cooperation of Eurojust in investigations relating to matters of serious cross-border crime, in particular in cases of (c) by promoting close cooperation between Eurojust and the European Judicial Network in order, in particular, to facilitate the execution of the rogatory and the European Court of Justice and the Court of Justice and requests for extradition. "

9) Article 40 is replaced by the following Articles 40, 40 A and 40 B:

" Article 40.

1. Enhanced cooperation in any of the areas referred to in this Title shall be intended to enable the Union to become as rapidly as possible an area of freedom, security and justice, while respecting the powers 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 the enhanced cooperation provided for in this Article, save as otherwise provided 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 thereof shall apply to this Article and Articles 40 A and 40 B.

Article 40 A.

1. Member States which intend to establish enhanced cooperation under Article 40 shall, in accordance with Article 40, make a request to the Commission, which may submit to the Council a proposal to that effect. If it does not present a proposal, the Commission shall communicate the reasons to the Member States concerned. They may then submit to the Council an initiative aimed at authorising the enhanced cooperation in question.

2. The authorization referred to in paragraph 1 shall be granted by the Council, subject to Articles 43 to 45, by a qualified majority on a proposal from the Commission or on the initiative of at least eight Member States and after consulting the Commission. European Parliament. The votes of the members of the Council shall be weighted in accordance with Article 205 (2) of the Treaty establishing the European Community.

Any member of the Council may request that the matter be referred to the European Council. Once the matter has been raised before the latter, the Council may decide in accordance with the first subparagraph of this paragraph.

Item 40 B.

Any Member State wishing to participate in enhanced cooperation established pursuant to Article 40 A shall notify its intention to the Council and the Commission, which shall forward to the Council, within three months of the date of the date of receipt of the notification, an opinion accompanied, where appropriate, by a recommendation concerning the specific provisions which it may deem necessary for the Member State concerned to participate in the cooperation in question. The Council shall act on the request within four months of the date of receipt of the notification. The decision shall be deemed to have been approved unless the Council, acting by a qualified majority and within the same period of time, decides to put it on hold; in such a case, the Council shall state the reasons for its decision and set a time limit for its consideration.

For the purposes of this Article, the Council shall act in accordance with the conditions laid down in Article 44 (1). "

10) (Does not affect the Spanish version.) 11) Article 43 is replaced by the following:

" Article 43.

Member States which intend to establish, inter alia, enhanced cooperation, may make use of the institutions, procedures and mechanisms laid down in this Treaty and in the Treaty establishing the European Community. European, provided such cooperation:

a) seek to promote the objectives of the Union and the Community, as well as to protect and serve their interests and to strengthen their integration process; (b) to respect these Treaties and the Union's single institutional framework; (d) it remains within the limits of the powers of the Union or the Community and does not relate to areas which are the exclusive competence of the Community and the measures adopted pursuant to the other provisions of those Treaties; Community; (e) does not adversely affect the internal market as defined in Article 14 (2) of the Treaty. Treaty establishing the European Community, and economic and social cohesion established under Title XVII of the same Treaty; (f) does not constitute an obstacle or discrimination to trade between Member States and does not cause (g) it meets at least eight Member States; (h) it respects the powers, rights and obligations of the Member States which do not participate in it; (i) does not affect the provisions of the Protocol by the that the Schengen acquis is integrated into the framework of the European Union; (j) it is open to all States Member States shall, in accordance with Article 43 B. '

12) The following items are inserted:

" Article 43 A.

Only enhanced cooperation may be initiated as a last resort, where it has been established within the Council that the objectives assigned to them cannot be achieved within a reasonable time by means of the application of the relevant provisions of the Treaties.

Article 43 B.

Enhanced cooperation will be open to all Member States at the time they are established. They shall also be at any time in accordance with Articles 27 E and 40 B of this Treaty and Article 11 A of the Treaty establishing the European Community, provided that the initial decision and the decisions taken in that respect are respected. frame. The Commission and the Member States participating in enhanced cooperation shall endeavour to encourage the participation of as many Member States as possible. "

13. Article 44 shall be replaced by Articles 44 and 44 A:

" Article 44.

1. For the purposes of the adoption of the acts and decisions necessary for the development of enhanced cooperation as referred to in Article 43, the relevant institutional provisions of this Treaty and of the Treaty shall apply. establishing the European Community.

However, while all members of the Council may participate in the deliberations, only those representing the Member States participating in such cooperation shall take part in the adoption of decisions. The qualified majority shall be defined by keeping the same proportion of the weighted votes and the same proportion of the number of the Council members concerned as laid down in Article 205 (2) of the Treaty establishing the European Union. European Community and the second and third subparagraphs of Article 23 (2) of this Treaty in the case of enhanced cooperation established under Article 27c. Unanimity shall be the sole responsibility of the members. of the Council concerned by the cooperation.

Such acts and decisions shall not form part of the Union acquis.

2. Member States shall apply, as appropriate, the acts and decisions adopted to carry out the enhanced cooperation in which they participate. Such acts and decisions shall bind only those Member States which participate in it and, where appropriate, shall only be directly applicable in those States. Member States which do not participate in enhanced cooperation shall not prevent their application by the Member States participating in the enhanced cooperation.

Article 44 A.

Expenditure resulting from the implementation of enhanced cooperation other than administrative expenditure incurred by the institutions shall be borne by the participating Member States, unless the Council decides otherwise. by unanimity of all its members and after consulting the European Parliament. '

14) Article 45 is replaced by the following:

" Article 45.

The Council and the Commission shall ensure the consistency of the actions undertaken under this Title, as well as the consistency of such actions with the policies of the Union and the Community, and shall cooperate to this end. "

15) Article 46 is replaced by the following:

" Article 46.

The provisions of the Treaty establishing the European Community, the Treaty establishing the European Coal and Steel Community and the Treaty establishing the European Atomic Energy Community relating to the jurisdiction of the Court of Justice of the European Communities and the exercise thereof shall apply only to the following provisions of this Treaty:

(a) the provisions amending the Treaty establishing the European Economic Community for the purpose of establishing the European Community, the Treaty establishing the European Coal and Steel Community and the Treaty (b) the provisions of Title VI, subject to the conditions laid down in Article 35; (c) the provisions of Title VII, subject to the conditions laid down in Articles 11 and 11 A of the European Atomic Energy Community; Treaty establishing the European Community and Article 40 of this Treaty; Article 6 with regard to the action of the institutions, in so far as the Court of Justice is competent under the Treaties establishing the European Communities and this Treaty; The procedure laid down in Article 7 shall be taken by the Court of Justice at the request of the Member State concerned and within one month of the date of the Council's finding provided for in that Article; to 53. "

Article 2.

The Treaty establishing the European Community is hereby amended in accordance with the provisions of this Article.

1) Article 11 is replaced by Articles 11 and 11 A:

" Article 11.

1. Member States which intend to establish enhanced cooperation in any of the areas referred to in this Treaty shall address an application to the Commission, which may submit to the Council a proposal to that effect. If it does not present a proposal, the Commission shall communicate the reasons to the Member States concerned.

2. The authorization to carry out enhanced cooperation referred to in paragraph 1 shall be granted by the Council, subject to Articles 43 to 45 of the Treaty on European Union, acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament. Where enhanced cooperation concerns an area governed by the procedure referred to in Article 251 of this Treaty, the assent of the European Parliament shall be required.

Any member of the Council may request that the matter be referred to the European Council. Once the matter has been raised before the latter, the Council may decide in accordance with the first subparagraph of this paragraph.

3. The acts and decisions necessary for the development of enhanced cooperation actions shall comply with all the relevant provisions of this Treaty, save as otherwise provided in this Article and Articles 43 to 45. of the Treaty on European Union.

Article 11 A.

Any Member State wishing to participate in enhanced cooperation established pursuant to Article 11 shall notify its intention to the Council and the Commission, which shall forward its opinion to the Council within three months of its adoption. from the date of receipt of the notification. Within four months of the date of receipt of the notification, the Commission shall take a decision on the matter, as well as on any specific provisions which 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, where the Council adopts Community stimulus measures, excluding any harmonisation of the laws and regulations of the Member States, to support the actions of the Member States. Member States shall, in order to contribute to the achievement of the objectives set out in paragraph 1, decide in accordance with the procedure referred to in Article 251. "

3) Article 18 is replaced by the following:

" Article 18.

1. Any 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 the provisions adopted for its implementation.

2. Where Community action is necessary in order to achieve this objective, and unless the powers of action are provided for in this Treaty, the Council may adopt provisions to facilitate the exercise of the rights of the Member States. referred to in paragraph 1.

It shall decide in accordance with the procedure referred to in Article 251.

3. Paragraph 2 shall not apply to provisions relating to passports, identity documents, residence permits or any other document assimilated, or to provisions relating to 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 laid down in Article 251

The measures provided for in Article 63 (1) and Article 63 (2) (a), provided that the Council has previously adopted and in accordance with the provisions of paragraph 1 of this Article a Community legislation defining the 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:

" 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 appropriate measures for the economic situation, in particular if serious difficulties arise in the supply of certain products.

2. In the event of difficulties or in the event of a serious risk of serious difficulties in a Member State, caused by natural disasters or exceptional events which that State cannot control, the Council, acting by a qualified majority on a proposal The Commission may, under certain conditions, agree on Community financial assistance to the Member State concerned. The President of the Council shall inform the European Parliament of the decision taken. '

6. Article 111 (4) is replaced by the following:

" 4. Without prejudice 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 on matters of particular relevance to the economic and monetary union and its representation in accordance with the allocation of powers provided for in Articles 99 and 105. '

7. Article 123 (4) is replaced by the following:

" 4. On the date of the entry into force of the third stage, the Council, acting unanimously, on a proposal from the Commission and after consulting the ECB, shall, acting unanimously, adopt the conversion rates to which they shall be irrevocably fixed. fixed the respective currencies of the Member States and the irrevocably fixed rate at which the ecu will replace these currencies and become a currency in its own sense. This measure will not in itself alter the external value of the ecu. The Council, acting by a qualified majority of those Member States, on a proposal from the Commission and after consulting the ECB, shall take the remaining measures necessary for the rapid introduction of the ecu as the single currency of those Member States. The provisions of the second sentence of Article 122 (5) shall apply. "

8. Article 133 is replaced by the following:

" Article 133.

1. The common commercial policy shall be based on uniform principles, in particular as regards tariff changes, the conclusion of tariff and trade agreements, the achievement of the uniformity of the measures of the liberalization, the export policy, as well as the trade protection measures, and, among them, those to be adopted in the event of dumping and subsidies.

2. For the implementation of this common commercial policy, the Commission shall submit proposals to the Council.

3. Where agreements with one or more States or international organisations are to be negotiated, the Commission shall submit recommendations to the Council, which shall authorise it to initiate the necessary negotiations. It will be for the Council and the Commission to ensure that negotiated agreements are compatible with the Community's internal policies and rules.

The Commission will carry out these negotiations by consulting a special committee, appointed by the Council to assist it in this task and within the framework of the guidelines which the Council may address.

The Commission shall regularly report to the Special Committee on the progress of the negotiations.

The relevant provisions of Article 300 shall apply.

4. In the exercise of the powers conferred upon it by this Article, the Council shall act by a qualified majority.

5. The provisions of paragraphs 1 to 4 shall also apply to the negotiation and conclusion of agreements in the fields of trade in services and the commercial aspects of intellectual property, in so far as such agreements are not referred to in those paragraphs and without prejudice to paragraph 6.

By way of derogation from paragraph 4, the Council shall act unanimously on the negotiation and conclusion of an agreement in one of the areas referred to in the first subparagraph where such agreement contains provisions for (a) any unanimity 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 Treaty.

The Council shall act unanimously on the negotiation and conclusion of an agreement of a horizontal nature, provided that it also concerns the preceding paragraph or the second subparagraph of paragraph 6.

The provisions of this paragraph shall not affect 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 agreements.

6. The Council may not conclude an agreement if it includes provisions which exceed the Community's internal powers, in particular as a result of the harmonization of the laws or regulations of the Member States in question. an area in which such harmonisation is excluded by this Treaty.

In this respect, and by way of derogation from the first subparagraph of paragraph 5, agreements in the field of trade in cultural and audiovisual services, education services, as well as social services and of human health shall be a shared competence between the Community and its Member States. The negotiation of such agreements will therefore require, 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 negotiated in this way will be concluded jointly by the Community and the Member States.

The negotiation and conclusion of international agreements in the field of transport will 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 negotiations and agreements. (a) international rules on intellectual property, in so far as they are not referred to in paragraph 5. "

9) Article 137 is replaced by the following:

" Article 137.

1. In order to achieve the objectives of Article 136, the Community shall support and supplement the action of the Member States in the following

:

(a) the improvement, in particular, of the working environment, in order to protect the health and safety of workers; (b) working conditions; (c) social security and the social protection of workers; (d) the protection of workers; workers in the event of termination of the employment contract; (e) information and consultation of employees; (f) the representation and collective defence of the interests of workers and employers, including co-management, without prejudice to the (g) the conditions of employment of third-country nationals residing in the territory of the Member State of (h) the integration of persons excluded from the labour market, without prejudice to Article 150; (i) equality between men and women as regards opportunities in the labour market and in the labour market; (j) the fight against 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 promote cooperation among Member States through initiatives to improve knowledge, to develop the exchange of information and good practices, to promote (b) it may adopt, in the fields referred to in points (a) to (i) of paragraph 1, by means of directives, the innovative and evaluating experiences, excluding any harmonisation of the laws and regulations of the Member States; minimum requirements to be applied progressively, taking into account the conditions and technical regulations in each of the Member States. Such directives shall avoid imposing administrative, financial and legal constraints in a way which would impede the creation and development of small and medium-sized enterprises.

The Council shall decide in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social Committee and the Committee of the Regions, except in the areas referred to in points (c), (d), (f) and (g) of paragraph 1. of this Article, in which the Council shall act unanimously on a proposal from the Commission and after consulting the European Parliament and the Committees. The Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, may decide that the procedure referred to in Article 251 applies to points (d), (f) and (g) of paragraph 1 of this Article.

3. Each Member State may entrust the social partners, at the joint request of the latter, with the implementation of the directives adopted pursuant to paragraph 2.

In such a case it shall ensure that, no later than the date on which a directive is to be transposed in accordance with Article 249, the social partners have, by agreement, established the necessary provisions; the The Member State concerned shall take all necessary measures to ensure that the results laid down by that Directive are guaranteed at all times.

4. The provisions adopted pursuant to this Article shall:

They will not affect the ability of Member States to define the fundamental principles of their social security system, nor should they affect the financial equilibrium of the social security system.

They shall not prevent Member States from maintaining or introducing more stringent protective measures compatible with this Treaty.

5. The provisions of this Article shall not apply to remuneration, to the right of association and union, to the right to strike or to the right to lockout. "

10. The second subparagraph of Article 139 (2) shall be replaced by the following:

" The Council shall act by a qualified majority, unless the agreement in question contains one or more provisions relating to one of the areas for which unanimity is required pursuant to Article 137 (2). In this case, the Council shall act unanimously. "

11. Article 144 shall be replaced by the following:

" Article 144.

The Council, after consulting the European Parliament, will set up a Social Protection Committee, of an advisory nature, to promote cooperation in the field of social protection between the Member States and the Commission. The Committee shall have the following

:

monitor the social situation and the development of the social protection policies of the Member States and the Community; to facilitate the exchange of information, experience and good practice between Member States and with the Commission, without prejudice to Article 207, to draw up reports, to issue opinions or to undertake other activities in areas falling within its competence, either at the request of the Council or of the Commission, on its own initiative.

In order to carry out its mandate, the Committee shall establish appropriate contacts with the social partners.

Each Member State and the Commission shall appoint two members of the Committee. "

12. Article 157 (3) shall be replaced by the following:

" 3. The Community shall contribute to the achievement of the objectives set out in paragraph 1 by means of the policies and activities carried out 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 take specific measures to support the actions to be taken in the Member States to carry out the objectives referred to in paragraph 1.

This title shall not constitute a basis for the establishment by the Community of measures likely to distort competition or to include tax provisions or relating to the rights and interests of workers. employees. '

13. The third paragraph of Article 159 shall be replaced by the following:

" If the need for specific actions on the margins of the funds is expressed and without prejudice to the measures decided on in the framework of the other Community policies, the Council may adopt these measures in accordance with the 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:

" As from 1 January 2007, the Council shall act by a qualified majority on a proposal from the Commission after obtaining the assent of the European Parliament and after consulting the Economic and Social Committee and the Committee of the Regions, the case that the multiannual financial perspective applicable from 1 January 2007 and the corresponding interinstitutional agreement have been adopted on that date. Otherwise, the procedure provided for in this paragraph shall apply from the date of its adoption. '

15. Article 175 (2) is replaced by the following:

" 2. Notwithstanding the decision-making procedure referred to in paragraph 1, and without prejudice to Article 95, the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, the Economic and Social Committee and the Committee of Regions, shall adopt:

(a) Provisions essentially of a fiscal nature; (b) measures affecting:

Territorial planning; the quantitative management of water resources or directly or indirectly affecting the availability of such resources; the use of soil, with the exception of waste management; measures that significantly affect the choice of a Member State between different energy sources and the overall structure of its energy supply.

The Council, under the conditions laid down in the first subparagraph, may define the matters referred to in this paragraph on which decisions are to be taken by a qualified majority. "

16) In Part Three, the following Title is added:

" XXI TITLE

Economic, financial and technical cooperation with third countries

Article 181 A.

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, carry out economic, financial and technical cooperation with third countries.

These actions will be complementary to those carried out by the Member States and consistent with the Community's development policy.

The Community's policy in this field will contribute to the overall objective of the development and consolidation of democracy and the rule of law, as well as the objective of respect for human rights and freedoms. 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 on the association agreements referred to in Article 310 and on 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 with the competent international organisations. The arrangements for cooperation between the Community may be the subject of agreements between the Community and the third parties concerned, which shall be negotiated and concluded in accordance with the provisions of Article 300.

The first paragraph shall not affect the powers of the Member States to negotiate in international bodies and conclude international agreements. "

17. The second paragraph of Article 189 shall be replaced by the following:

"The number of Members of the European Parliament shall not exceed seven hundred and thirty-two."

18. Article 190 (5) is replaced by the following:

" 5. The European Parliament shall lay down the statute and general conditions for the exercise of the duties 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 arrangements of the members or of the former members shall be decided unanimously by 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 establish the status of political parties at European level, and in particular the rules on their financing."

20. Article 207 (2) shall be replaced by the following:

" 2. The Council shall be assisted by a General Secretariat, headed by a Secretary-General, High Representative for the Common Foreign and Security Policy, who shall be assisted by a Deputy Secretary-General responsible for the management of the Secretariat. General. The Council shall appoint the Secretary-General and the Deputy Secretary-General by qualified majority.

The Council shall decide on the organisation 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 Commission, the President, the Judges, the Advocates-General and the Registrar of the Court of Justice, and of the members and the Registrar of the Court of First Instance. It shall also fix, by the same majority, any other emoluments of a remuneration. '

22. Article 214 (2) is replaced by the following:

" 2. The Council, meeting in the form of Heads of State or Government and qualified majority, shall designate the person to whom it intends to appoint the President of the Commission; the European Parliament shall approve the appointment.

The Council, acting by a qualified majority and in agreement with the President-designate, shall adopt the list of other persons to whom it intends to appoint members of the Commission, established in accordance with the proposals submitted by each Member State.

The President and the other members of the Commission appointed in this way will be subject to the vote of approval of the European Parliament. After obtaining the approval of the European Parliament, the President and the other members of the Commission shall be appointed by the Council by a qualified majority. "

23) Article 215 is replaced by the following:

" Article 215.

Apart from the cases of periodic renewal and death, the mandate of the members of the Commission shall end individually by voluntary resignation or termination.

The resigned, departed or deceased member shall be replaced for the remainder of his term of office by a new member appointed by the Council by a qualified majority. The Council may, acting unanimously, decide that there is no such replacement.

In case of resignation, cessation or death, the President will be replaced for the time that he has failed to finish the term. The procedure provided for in Article 214 (2) shall apply for replacement.

Except in the case of cessation, provided for in Article 216, the members of the Commission shall remain in office until they have been replaced or until the Council decides not to proceed to it, in accordance with the second paragraph of this Article. Article. "

24) Article 217 is replaced by the following:

" Article 217.

1. The Commission shall exercise its functions under the political guidance of its President, who shall decide on his internal organisation to ensure the consistency, effectiveness and collegiality of his action.

2. The responsibilities incumbent upon the Commission shall be structured and distributed among its members by the President. The President may reorganise the allocation of those responsibilities during his term of office. The members of the Commission shall carry out the tasks assigned to them by the President under the authority of the latter.

3. After approval by the College, the President shall appoint Vice-Presidents from among the members of the Commission.

4. Any member of the Commission shall resign if the President, after approval of the College, so requests. '

25) The first paragraph of Article 219 is deleted.

26) Article 220 is replaced by the following:

" Article 220.

The Court of Justice and the Court of First Instance shall, within the framework of their respective powers, ensure that the law is respected in the interpretation and application of this Treaty.

In addition, the Court of First Instance, under the conditions laid down in Article 225 A, may be added to the Court of First Instance in order to exercise, in certain specific fields, jurisdictional powers This Treaty. '

27) Article 221 is replaced by the following:

" Article 221.

The Court of Justice shall be composed of one Judge per Member State.

The Court of Justice shall act in chambers or in a Grand Chamber, in accordance with the rules laid down in the Statute of the Court of Justice.

When the Statute so provides, the Court of Justice may also act in plenary. "

28) Article 222 is replaced by the following:

" Article 222.

The Court of Justice will be assisted by eight Advocates-General. If the Court of Justice so requests, the Council may, acting unanimously, increase the number of Advocates-General.

The function of the Advocate-General shall be to make publicly available, with complete impartiality and independence, reasoned conclusions on matters which, in accordance with the Statute of the Court of Justice, require intervention. "

29) Article 223 is replaced by the following:

" Article 223.

The Judges and Advocates-General of the Court of Justice, chosen from persons who offer absolute guarantees of independence and who fulfil the conditions required for the exercise of the right of independence in their respective countries, (a) higher judicial functions, or which are jurisconsults of recognised competence, shall be appointed by common accord of the governments of the Member States for a period of six years.

A partial renewal of the Judges and Advocates-General shall take place every three years, subject to the conditions laid down in the Statute of the Court of Justice.

The Judges shall elect the President of the Court of Justice from among them for a period of three years.

Your mandate will be renewable.

The Judges and the outgoing Advocates General may be appointed again.

The Court of Justice shall appoint its Registrar and establish the Statute of the Registrar.

The Court of Justice shall establish its Rules of Procedure. This Regulation shall require the approval of the Council by a qualified majority. "

30) Article 224 is replaced by the following:

" Article 224.

The Court of First Instance shall have at least one Judge per Member State. The number of Judges shall be set by the Statute of the Court of Justice. The Statute may provide for the Court of First Instance to be assisted by Advocates-General.

Members of the Court of First Instance shall be chosen from persons who offer absolute guarantees of independence and who possess the necessary capacity for the exercise of high judicial functions. They shall be appointed by common accord of the governments of the Member States for a period of six years. A partial renewal will take place every three years. The outgoing members may be reappointed.

The Judges shall elect the President of the Court of First Instance from among them for a period of three years. Its mandate shall be renewable.

The Court of First Instance shall appoint its Registrar and lay down the Staff Regulations.

The Court of First Instance shall establish its Rules of Procedure in agreement with the Court of Justice. That Regulation shall require the approval of the Council by a qualified majority.

Unless otherwise provided in the Statute of the Court of Justice, the provisions of this Treaty relating to the Court of Justice shall apply to the Court of First Instance. "

31. Article 225 is replaced by the following:

" Article 225.

1. The Court of First Instance shall have jurisdiction in the first instance of the resources referred to in Articles 230, 232, 235, 236 and 238, with the exception of those conferred on a court and of which the Staff Regulations Court of Justice. The Staff Regulations may provide for the Court of First Instance to be competent in other categories of resources.

Against decisions given by the Court of First Instance pursuant to this paragraph, an appeal may be brought before the Court of Justice, limited to questions of law, under the conditions and within of the limits laid down in the Staff Regulations.

2. The Court of First Instance shall have jurisdiction to hear the appeals brought against decisions of the judicial panels set up pursuant to Article 225a.

Decisions given by the Court of First Instance pursuant to this paragraph may be reviewed exceptionally by the Court of Justice, under the conditions and within the limits laid down by the Court of Justice. Statute, in the event of a serious risk of the unity or consistency of Community law being infringed.

3. The Court of First Instance shall have jurisdiction to hear questions referred for a preliminary ruling under Article 234 on specific matters laid down by the Staff Regulations.

When the Court of First Instance considers that the case requires a decision of principle which may affect the unity or consistency of Community law, it may refer the case to the Court of Justice for This resolves.

The decisions given by the Court of First Instance on questions of a preliminary ruling may be reviewed exceptionally by the Court of Justice, under the conditions and within the limits laid down by the Court of Justice. Statute, in the event of a serious risk of the unity or consistency of Community law being infringed. '

32) The following article 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 authorities responsible for hearing in the first instance certain categories of resources interposed in specific matters.

The decision setting up a judicial panel shall lay down the rules relating to the composition of that room and specify the extent of the powers conferred on it.

the Court of First Instance may be brought before the Court of First Instance for an appeal limited to questions of law or, where the decision on the establishment of the Chamber of This is the case, an appeal for appeal concerning the questions of fact as well.

Members of the judicial panels shall be chosen from persons who offer absolute guarantees of independence and who possess the necessary capacity for the exercise of judicial functions. They shall be appointed by the Council acting unanimously.

The courts shall establish their Rules of Procedure in agreement with the Court of Justice. That Regulation shall require the approval of the Council by a qualified majority.

Unless otherwise provided for in the decision establishing the court, the provisions of this Treaty relating to the Court of Justice and the provisions of the Statute of the Court of Justice shall be applicable to the courts. '

33) The following article 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 consulting the European Parliament, may adopt provisions to confer on the Court of Justice, in so far as the Council determines, jurisdiction to settle disputes relating to the application of acts adopted on the basis of this Treaty establishing Community industrial property titles. The Council shall recommend that Member States adopt these provisions in accordance with their respective constitutional requirements. "

34) The second and third paragraphs of Article 230 are replaced by the following:

" To this end, it shall be competent to rule on appeals for incompetence, substantial defects in form, violation of this Treaty or any rule of law relating to its execution, or misuse of powers, by a Member State, the European Parliament, the Council or the Commission.

The Court of Justice shall have jurisdiction under the same conditions to rule on the appeals brought by the Court of Auditors and by the ECB in order to safeguard their prerogatives. "

35) Article 245 is replaced by the following:

" Article 245.

The Statute of the Court of Justice shall be established in an independent protocol.

The Council, acting unanimously at the 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, with the exception of 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 a term of six years.

The Council, acting by a qualified majority and after consulting the European Parliament, shall adopt the list of members established in accordance with the proposals submitted by each Member State. The term of office of the members of the Court of Auditors shall be renewable.

Members will elect the President of the Court of Auditors from among them for a period of three years. Its term of office shall be 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 the revenue and expenditure of the Community. It shall also examine the accounts of all the revenue and expenditure of any body set up by the Community, in so far as the act establishing that body does not exclude that examination.

The Court of Auditors shall submit to the European Parliament and to the Council a statement of assurance as to the reliability of the accounts and the legality and regularity of the operations concerned, which shall be published in the Official Journal of the European Communities. European Union ''.

This declaration may be supplemented by specific comments on each of the main areas of Community activity. " ;

(b) Paragraph 4 is replaced by the following:

" 4. The Court of Auditors shall draw up an annual report after the end of each financial year. The report shall be forwarded to the institutions of the Community and published in the Official Journal of the European Union, together with the replies of these institutions to the Court of Auditors ' observations.

The Court of Auditors may also present its observations at any time, which may consist of special reports, on particular questions and opinions, at the request of one of the other institutions of the Court of Auditors. Community.

The Court of Auditors shall adopt its annual reports, special reports or opinions by a majority of its members. It may, however, establish in its chambers rooms for the approval of certain categories of reports or opinions under the conditions laid down in its Rules of Procedure.

The Court of Auditors shall assist the European Parliament and the Council in the exercise of its function of monitoring the implementation of the budget.

The Court of Auditors shall draw up its Rules of Procedure. This Regulation shall require the approval of the Council by a qualified majority. "

38) In Article 254 (1) and (2), the words "Official Journal of the European Communities" shall be replaced by the words "Official Journal of the European Union".

39) Article 257 shall be replaced by the following:

" Article 257.

An Economic and Social Committee is set up, of an advisory nature.

The Committee shall be composed of representatives of the various economic and social components of organised civil society, in particular producers, farmers, hauliers, workers, traders and artisans, as well as the 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 Committee members will be 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.

UK: 24.

The members of the Committee shall not be bound by any mandatory mandate. They shall perform their duties in full independence, in the general interest of the Community.

The Council shall, acting by a qualified majority, establish the allowances of the members of the Committee. "

41) Article 259 (1) is replaced by the following:

" 1. The members of the Committee shall be appointed, on a proposal from the Member States, for a period of four years. The Council, acting by a qualified majority, shall adopt the list of members established in accordance with the proposals submitted by each Member State. The term of office of the members of the Committee shall be renewable. "

42) Article 263 is replaced by the following:

" Article 263.

An Advisory Committee, hereinafter referred to as the "Committee of the Regions", shall be set up, composed of representatives of regional and local authorities who hold an electoral mandate in a regional or local authority, or have political responsibility before an elected Assembly.

The number of members of the Committee of the Regions shall not exceed three hundred and fifty.

The number of Committee members will be 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.

UK: 24.

The members of the Committee, as well as an equal number of alternates, shall be appointed, on a proposal from the respective Member States, for a period of four years. Its mandate shall be renewable. The Council, acting by a qualified majority, shall adopt the list of members and alternates established in accordance with the proposals submitted by each Member State. At the end of the term of office referred to in the first subparagraph under which they have been proposed, the term of office of the members of the Committee shall be automatically terminated and replaced for the remainder of that term in accordance with the same procedure. No member of the Committee may be a member of the European Parliament.

The members of the Committee shall not be bound by any mandatory mandate. They shall perform their duties with absolute independence, in the general interest of the Community. "

43) Article 266 is replaced by the following:

" Article 266.

The European Investment Bank will have legal personality.

Member States will be members of the European Investment Bank.

The Statute of the European Investment Bank is set out in 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, after consulting the European Parliament and the European Investment Bank, may amend Articles 4, 11 and 12 and Article 18 (5) of the Statute of the Bank. '

44) Article 279 shall be replaced by the following:

" Article 279.

1. The Council, acting unanimously on a proposal from the Commission, after consulting the European Parliament and after obtaining the opinion of the Court of Auditors:

(a) Adopt the financial regulations to specify, in particular, the modalities for the adoption and implementation of the budget, as well as those concerning the accountability and censorship of accounts; organise the control of the liability of the Interventors, of the Authorising Officers and Accountants.

From 1 January 2007, the Council shall act by a qualified majority on a proposal from the Commission after consulting the European Parliament and after obtaining the opinion of the Court of Auditors.

2. The Council, acting unanimously on a proposal from the Commission, after consulting the European Parliament and after obtaining the opinion of the Court of Auditors, shall lay down the detailed rules and procedure under which the Commission shall be made available to the Commission. (a) the budgetary revenue provided for in the Community's own resources system and shall define the measures to be applied in order to address, where appropriate, cash requirements. '

45) Article 290 shall be replaced by the following:

" Article 290.

The language arrangements of the institutions of the Community shall be fixed by the Council, acting unanimously, without prejudice to the provisions laid down in the Statute of the Court of Justice. "

46) Article 300 is amended as follows:

(a) The second and third subparagraphs of paragraph 2 are replaced by the following:

" By way of derogation from paragraph 3, the same procedures shall apply for the decision to suspend the application of an agreement and for the establishment of positions to be taken on behalf of the Community in a body created by an agreement, where that body is required to take decisions that have legal effects, except decisions which supplement or amend the institutional framework of the agreement.

The European Parliament shall be fully and immediately informed of any decision taken pursuant to this paragraph concerning the provisional application or suspension of agreements, or the establishment of the position of the Community in a body created by an agreement. "

(b) Paragraph 6 is replaced by the following:

" 6. The European Parliament, the Council, the Commission or a Member State may request the opinion of the Court of Justice on the compatibility of any agreement provided for in this Treaty. Where the opinion of the Court of Justice is negative, the agreement 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 words" Article 7 (2) "shall be replaced by" Article 7 (3) "; (b) In paragraph 2, the words" Article 7 (1) "shall be replaced by" Article 7 (2) "."

Article 3.

The Treaty establishing the European Atomic Energy Community is hereby amended in accordance with the provisions of this Article.

1) The second paragraph of Article 107 shall be replaced by the following:

"The number of Members of the European Parliament shall not exceed seven hundred and thirty-two."

2. Article 108 (5) is replaced by the following:

" 5. The European Parliament shall lay down the Staff Regulations and the general conditions for the exercise of the duties 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 arrangements of the members or of the former members shall be decided unanimously by the Council. "

3. Article 121 (2) is replaced by the following:

" 2. The Council shall be assisted by a General Secretariat, headed by a Secretary-General, High Representative for the Common Foreign and Security Policy, who shall be assisted by a Deputy Secretary-General responsible for the management of the Secretariat. General. The Council shall appoint the Secretary-General and the Deputy Secretary-General by qualified majority.

The Council shall decide on the organisation of the General Secretariat. "

4. Article 127 (2) is replaced by the following:

" 2. The Council, meeting in the form of Heads of State or Government and qualified majority, shall designate the person to whom it intends to appoint the President of the Commission; the European Parliament shall approve the appointment.

The Council, acting by a qualified majority and in agreement with the President-designate, shall adopt the list of other persons to whom it intends to appoint members of the Commission, established in accordance with the proposals submitted by each Member State.

The President and the other members of the Commission appointed in this way will be subject to the vote of approval of the European Parliament. After obtaining the approval of the European Parliament, the President and the other members of the Commission shall be appointed by the Council by a qualified majority. "

5) Article 128 is replaced by the following:

" Article 128.

Apart from the cases of periodic renewal and death, the mandate of the members of the Commission shall end individually by voluntary resignation or termination.

The resigned, departed or deceased member shall be replaced for the remainder of his term of office by a new member appointed by the Council by a qualified majority. The Council may, acting unanimously, decide that there is no such replacement.

In case of resignation, cessation or death, the President will be replaced for the time that he has failed to finish the term. The procedure provided for in Article 127 (2) shall apply for replacement.

Except in the case of cessation, provided for in Article 129, the members of the Commission shall remain in office until they have been replaced or until the Council decides not to proceed to it, in accordance with the second paragraph of this Article. Article. "

6) Article 130 is replaced by the following:

" Article 130.

1. The Commission shall exercise its functions under the political guidance of its President, who shall decide on his internal organisation to ensure the consistency, effectiveness and collegiality of his action.

2. The responsibilities incumbent upon the Commission shall be structured and distributed among its members by the President. The President may reorganise the allocation of those responsibilities during his term of office. The members of the Commission shall carry out the tasks assigned to them by the President under the authority of the latter.

3. After approval by the College, the President shall appoint Vice-Presidents from among the members of the Commission.

4. Any member of the Commission shall resign if the President, after approval of the College, so requests. '

7) The first paragraph of Article 132 is deleted.

8) Article 136 is replaced by the following:

" Article 136.

The Court of Justice and the Court of First Instance shall, within the framework of their respective powers, ensure that the law is respected in the interpretation and application of this Treaty.

In addition, the Court of First Instance, under the conditions laid down in Article 140b, may be added to the Court of First Instance in order to exercise, in certain specific fields, 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 State.

The Court of Justice shall act in chambers or in a Grand Chamber, in accordance with the rules laid down in the Statute of the Court of Justice.

When the Statute so provides, the Court of Justice may also act in plenary. "

10) Article 138 is replaced by the following:

" Article 138.

The Court of Justice will be assisted by eight Advocates-General. If the Court of Justice so requests, the Council may, acting unanimously, increase the number of Advocates-General.

The function of the Advocate-General shall be to make publicly available, with complete impartiality and independence, reasoned conclusions on matters which, in accordance with the Statute of the Court of Justice, require intervention. "

11. Article 139 is replaced by the following:

" Article 139.

The Judges and Advocates-General of the Court of Justice, chosen from persons who offer absolute guarantees of independence and who fulfil the conditions required for the exercise of the right of independence in their respective countries, (a) higher judicial functions, or which are jurisconsults of recognised competence, shall be appointed by common accord of the governments of the Member States for a period of six years.

A partial renewal of the Judges and Advocates-General shall take place every three years, subject to the conditions laid down in the Statute of the Court of Justice.

The Judges shall elect the President of the Court of Justice from among them for a period of three years.

Your mandate will be renewable.

The Judges and the outgoing Advocates General may be appointed again.

The Court of Justice shall appoint its Registrar and establish the Statute of the Registrar.

The Court of Justice shall establish its Rules of Procedure. This Regulation shall require the approval of the Council by a qualified majority. "

12) Article 140 is replaced by the following:

" Article 140.

The Court of First Instance shall have at least one Judge per Member State. The number of Judges shall be set by the Statute of the Court of Justice. The Statute may provide for the Court of First Instance to be assisted by Advocates-General.

Members of the Court of First Instance shall be chosen from persons who offer absolute guarantees of independence and who possess the necessary capacity for the exercise of high judicial functions. They shall be appointed by common accord of the governments of the Member States for a period of six years. A partial renewal will take place every three years. The outgoing members may be reappointed.

The Judges shall elect the President of the Court of First Instance from among them for a period of three years. Its mandate shall be renewable.

The Court of First Instance shall appoint its Registrar and lay down the Staff Regulations.

The Court of First Instance shall establish its Rules of Procedure in agreement with the Court of Justice. That Regulation shall require the approval of the Council by a qualified majority.

Unless otherwise provided in the Statute of the Court of Justice, the provisions of this Treaty relating to the Court of Justice shall apply to the Court of First Instance. "

13) Article 140 A is replaced by the following:

" Article 140 A.

1. The Court of First Instance shall have jurisdiction in the first instance of the resources referred to in Articles 146, 148, 151, 152 and 153, with the exception of those conferred on a court and of which the Staff Regulations Court of Justice. The Staff Regulations may provide for the Court of First Instance to be competent in other categories of resources.

Against decisions given by the Court of First Instance pursuant to this paragraph, an appeal may be brought before the Court of Justice, limited to questions of law, under the conditions and within of the limits laid down in the Staff Regulations.

2. The Court of First Instance shall have jurisdiction to hear the appeals brought against decisions of the judicial panels set up pursuant to Article 140 B.

Decisions given by the Court of First Instance pursuant to this paragraph may be reviewed exceptionally by the Court of Justice, under the conditions and within the limits laid down by the Court of Justice. Statute, in the event of a serious risk of the unity or consistency of Community law being infringed.

3. The Court of First Instance shall have jurisdiction to hear questions referred for a preliminary ruling under Article 150 on specific matters determined by the Staff Regulations.

When the Court of First Instance considers that the case requires a decision of principle which may affect the unity or consistency of Community law, it may refer the case to the Court of Justice for This resolves.

The decisions given by the Court of First Instance on questions of a preliminary ruling may be reviewed exceptionally by the Court of Justice, under the conditions and within the limits laid down by the Court of Justice. Statute, in the event of a serious risk of the unity or consistency of Community law being infringed. '

14) The following article is inserted:

" Article 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 authorities responsible for hearing in the first instance certain categories of resources interposed in specific matters.

The decision setting up a judicial panel shall lay down the rules relating to the composition of that room and specify the extent of the powers conferred on it.

the Court of First Instance may be brought before the Court of First Instance for an appeal limited to questions of law or, where the decision on the establishment of the Chamber of This is the case, an appeal for appeal concerning the questions of fact as well.

Members of the judicial panels shall be chosen from persons who offer absolute guarantees of independence and who possess the necessary capacity for the exercise of judicial functions. They shall be appointed by the Council acting unanimously.

The courts shall establish their Rules of Procedure in agreement with the Court of Justice. That Regulation shall require the approval of the Council by a qualified majority.

Unless otherwise provided for in the decision establishing the court, the provisions of this Treaty relating to the Court of Justice and the provisions of the Statute of the Court of Justice shall be applicable to the courts. '

15. The second and third paragraphs of Article 146 are replaced by the following:

" To this end, it shall be competent to rule on appeals for incompetence, substantial defects in form, violation of this Treaty or any rule of law relating to its execution, or misuse of powers, by a Member State, the European Parliament, the Council or the Commission.

The Court of Justice shall have jurisdiction under the same conditions to rule on the appeals brought by the Court of Auditors in order to safeguard its prerogatives. "

16) Article 160 is replaced by the following:

" Article 160.

The Statute of the Court of Justice shall be established in an independent protocol.

The Council, acting unanimously at the 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, with the exception of 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 1 shall be replaced by

following:

" 3. The members of the Court of Auditors shall be appointed for a term of six years.

The Council, acting by a qualified majority and after consulting the European Parliament, shall adopt the list of members established in accordance with the proposals submitted by each Member State. The term of office of the members of the Court of Auditors shall be renewable.

Members will elect the President of the Court of Auditors from among them for a period of three years. Its term of office shall be 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 the revenue and expenditure of the Community. It shall also examine the accounts of all the revenue and expenditure of any body set up by the Community in so far as the act establishing that body does not exclude that examination.

The Court of Auditors shall submit to the European Parliament and to the Council a statement of assurance on the reliability of the accounts and the legality and regularity of the underlying transactions, which shall be published in the Official Journal of the European Union. European Union ".

This declaration may be supplemented by specific comments on each of the main areas of Community activity. "

(b) Paragraph 4 is replaced by the following:

" 4. The Court of Auditors shall draw up an annual report after the end of each financial year. The report shall be forwarded to the institutions of the Community and published in the Official Journal of the European Union, together with the replies of these institutions to the Court of Auditors ' observations.

The Court of Auditors may also present its observations at any time, which may consist of special reports, on particular questions and opinions, at the request of one of the other institutions of the Court of Auditors. Community.

The Court of Auditors shall adopt its annual reports, special reports or opinions by a majority of its members. It may, however, establish in its chambers rooms for the approval of certain categories of reports or opinions under the conditions laid down in its Rules of Procedure.

The Court of Auditors shall assist the European Parliament and the Council in the exercise of its function of monitoring the implementation of the budget.

The Court of Auditors shall draw up its Rules of Procedure. This Regulation shall require the approval of the Council by a qualified majority. "

19. The first paragraph of Article 163 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 which they themselves set, or, in the absence thereof, within 20 days of their publication. '

20) Article 165 is replaced by the following:

" Article 165.

An Economic and Social Committee is set up, of an advisory nature.

The Committee shall be composed of representatives of the various economic and social components of organised civil society, in particular producers, farmers, hauliers, workers, traders and artisans, as well as 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.

The number of Committee members will be 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.

UK: 24.

The members of the Committee shall not be bound by any mandatory mandate. They shall perform their duties in full independence, in the general interest of the Community.

The Council shall, acting by a qualified majority, establish the allowances of the members of the Committee. "

22) Article 167 (1) is replaced by the following:

" 1. The members of the Committee shall be appointed, on a proposal from the Member States, for a period of four years. The Council, acting by a qualified majority, shall adopt the list of members established in accordance with the proposals submitted by each Member State. The term of office of the members of the Committee shall be renewable. "

23) Article 183 is replaced by the following:

" Article 183.

1. The Council, acting unanimously on a proposal from the Commission, after consulting the European Parliament and after obtaining the opinion of the Court of Auditors:

(a) Adopt the Financial Regulations to specify, in particular, the modalities for the adoption and implementation of the budget, as well as those concerning the accountability and censorship of accounts; organise the control of the liability of the Interventors, of the Authorising Officers and Accountants.

From 1 January 2007, the Council shall act by a qualified majority on a proposal from the Commission after consulting the European Parliament and after obtaining the opinion of the Court of Auditors.

2. The Council, acting unanimously on a proposal from the Commission, after consulting the European Parliament and after obtaining the opinion of the Court of Auditors, shall lay down the detailed rules and procedure under which the Commission shall be made available to the Commission. (a) the budgetary revenue provided for in the Community's own resources system and shall define the measures to be applied in order to address, where appropriate, cash requirements. '

24) Article 190 is replaced by the following:

" Article 190.

The language arrangements of the institutions of the Community shall be fixed by the Council, acting unanimously, without prejudice to the provisions laid down in the Statute of the Court of Justice. "

25) Article 204 is amended as follows:

"(a) In paragraph 1, the words" Article F. 1 (2) "shall be replaced by" Article 7 (3) "; (b) In paragraph 2, the words" Article F (1) "shall be replaced by" Article 6 (1) "; "Article F. 1 (1)" shall be replaced by "Article 7 (2)". "

Article 4.

The Treaty establishing the European Coal and Steel Community is hereby amended in accordance with the provisions of this Article.

1. Article 10 (2) is replaced by the following:

" 2. The Council, meeting in the form of Heads of State or Government and qualified majority, shall designate the person to whom it intends to appoint the President of the Commission; the European Parliament shall approve the appointment.

The Council, acting by a qualified majority and in agreement with the President-designate, shall adopt the list of other persons to whom it intends to appoint members of the Commission, established in accordance with the proposals submitted by each Member State.

The President and the other members of the Commission appointed in this way will be subject to the vote of approval of the European Parliament. After obtaining the approval of the European Parliament, the President and the other members of the Commission shall be appointed by the Council by a qualified majority. "

2) Article 11 is replaced by the following:

" Article 11.

1. The Commission shall exercise its functions under the political guidance of its President, who shall decide on his internal organisation to ensure the consistency, effectiveness and collegiality of his action.

2. The responsibilities incumbent upon the Commission shall be structured and distributed among its members by the President. The President may reorganise the allocation of those responsibilities during his term of office. The members of the Commission shall carry out the tasks assigned to them by the President under the authority of the latter.

3. After approval by the College, the President shall appoint Vice-Presidents from among the members of the Commission.

4. Any member of the Commission shall resign if the President, after approval of the College, so requests. '

3) Article 12 is replaced by the following:

" Article 12.

Apart from the cases of periodic renewal and death, the mandate of the members of the Commission shall end individually by voluntary resignation or termination.

The resigned, departed or deceased member shall be replaced for the remainder of his term of office by a new member appointed by the Council by a qualified majority. The Council may, acting unanimously, decide that there is no such replacement.

In case of resignation, cessation or death, the President will be replaced for the time that he has failed to finish the term. The procedure provided for in Article 10 (2) shall apply for replacement.

Except in the case of cessation, provided for in Article 12 A, the members of the Commission shall remain in office until they have been replaced or until the Council decides not to proceed to it, in accordance with the second paragraph of this Article. Article. "

4) The first paragraph of Article 13 is deleted.

5) The second paragraph of Article 20 is replaced by the following:

"The number of Members of the European Parliament shall not exceed seven hundred and thirty-two."

6. Article 21 (5) shall be replaced by the following:

" 5. The European Parliament shall lay down the Staff Regulations and the general conditions for the exercise of the duties 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 arrangements of the members or of the former members shall be decided unanimously by the Council. "

7. Article 30 (2) shall be replaced by the following:

" 2. The Council shall be assisted by a General Secretariat, headed by a Secretary-General, High Representative for the Common Foreign and Security Policy, who shall be assisted by a Deputy Secretary-General responsible for the management of the Secretariat. General. The Council shall appoint the Secretary-General and the Deputy Secretary-General by qualified majority.

The Council shall decide on the organisation 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 law is respected in the interpretation and application of this Treaty.

In addition, the Court of First Instance may be added, under the conditions laid down in Article 32 (6), to judicial panels to exercise, in certain specific areas, jurisdiction in this Treaty. '

9) Article 32 is replaced by the following:

" Article 32.

The Court of Justice shall be composed of one Judge per Member State.

The Court of Justice shall act in chambers or in a Grand Chamber, in accordance with the rules laid down in the Statute of the Court of Justice.

When the Statute so provides, the Court of Justice may also act in plenary. "

10. Article 32a is replaced by the following:

" Article 32a.

The Court of Justice will be assisted by eight Advocates-General. If the Court of Justice so requests, the Council may, acting unanimously, increase the number of Advocates-General.

The function of the Advocate-General shall be to make publicly available, with complete impartiality and independence, reasoned conclusions on matters which, in accordance with the Statute of the Court of Justice, require intervention. "

11) Article 32b is replaced by the following:

" Article 32b.

The Judges and Advocates-General of the Court of Justice, chosen from persons who offer absolute guarantees of independence and who fulfil the conditions required for the exercise of the right of independence in their respective countries, (a) higher judicial functions, or which are jurisconsults of recognised competence, shall be appointed by common accord of the governments of the Member States for a period of six years.

A partial renewal of the Judges and Advocates-General shall take place every three years, subject to the conditions laid down in the Statute of the Court of Justice.

The Judges shall elect the President of the Court of Justice from among them for a period of three years.

Your mandate will be renewable.

The Judges and the outgoing Advocates General may be appointed again.

The Court of Justice shall appoint its Registrar and establish the Statute of the Registrar.

The Court of Justice shall establish its Rules of Procedure. This Regulation shall require the approval of the Council 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 shall be set by the Statute of the Court of Justice. The Statute may provide for the Court of First Instance to be assisted by Advocates-General.

Members of the Court of First Instance shall be chosen from persons who offer absolute guarantees of independence and who possess the necessary capacity for the exercise of high judicial functions. They shall be appointed by common accord of the governments of the Member States for a period of six years. A partial renewal will take place every three years. The outgoing members may be reappointed.

The Judges shall elect the President of the Court of First Instance from among them for a period of three years. Its mandate shall be renewable.

The Court of First Instance shall appoint its Registrar and lay down the Staff Regulations.

The Court of First Instance shall establish its Rules of Procedure in agreement with the Court of Justice. That Regulation shall require the approval of the Council by a qualified majority.

Unless otherwise provided in the Statute of the Court of Justice, the provisions of this Treaty relating to the Court of Justice shall apply to the Court of First Instance. "

13) Article 32 fifth is replaced by the following:

" Article 32 fifth.

1. The Court of First Instance shall have jurisdiction in the first instance of the resources referred to in Articles 33, 34, 35, 36, 38, 40 and 42, with the exception of those conferred on a court and of which the Staff Regulations the Court of Justice. The Staff Regulations may provide for the Court of First Instance to be competent in other categories of resources.

Against decisions given by the Court of First Instance pursuant to this paragraph, an appeal may be brought before the Court of Justice, limited to questions of law, under the conditions and within of the limits laid down in the Staff Regulations.

2. The Court of First Instance shall have jurisdiction to hear the appeals brought against decisions of the judicial panels set up pursuant to Article 32 (6).

Decisions given by the Court of First Instance pursuant to this paragraph may be reviewed exceptionally by the Court of Justice, under the conditions and within the limits laid down by the Court of Justice. Statute, in the event of a serious risk of the unity or consistency of Community law being infringed.

3. The Court of First Instance shall have jurisdiction to hear questions referred for a preliminary ruling under Article 41, in specific matters determined by the Staff Regulations.

When the Court of First Instance considers that the case requires a decision of principle which may affect the unity or consistency of Community law, it may refer the case to the Court of Justice for This resolves.

The decisions given by the Court of First Instance on questions of a preliminary ruling may be reviewed exceptionally by the Court of Justice, under the conditions and within the limits laid down by the Court of Justice. Statute, in the event of a serious risk of the unity or consistency of Community law being infringed. '

14) The following article is inserted:

" Article 32 sixth.

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 authorities responsible for hearing in the first instance certain categories of resources interposed in specific matters.

The decision setting up a judicial panel shall lay down the rules relating to the composition of that room and specify the extent of the powers conferred on it.

the Court of First Instance may be brought before the Court of First Instance for an appeal limited to questions of law or, where the decision on the establishment of the Chamber of This is the case, an appeal for appeal concerning the questions of fact as well.

Members of the judicial panels shall be chosen from persons who offer absolute guarantees of independence and who possess the necessary capacity for the exercise of judicial functions. They shall be appointed by the Council acting unanimously.

The courts shall establish their Rules of Procedure in agreement with the Court of Justice. That Regulation shall require the approval of the Council by a qualified majority.

Unless otherwise provided for in the decision establishing the court, the provisions of this Treaty relating to the Court of Justice and the provisions of the Statute of the Court of Justice shall be applicable to the courts. '

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 the grounds for invalidity on grounds of lack of competence, substantial defects, infringement of the Treaty or any rule of law relating to its enforcement, or (a) power, interposed against decisions and recommendations of the Commission by one of the Member States, by the European Parliament or by the Council. However, the examination of the Court of Justice may not refer to the assessment of the situation resulting from economic facts or circumstances in respect of which such decisions have been taken or made such recommendations, except where the Commission is accused of having committed a misuse of powers or of having manifestly disregarded the provisions of the Treaty or any rule of law relating to its enforcement. '

(b) The fourth paragraph is replaced by the following:

"The Court of Justice shall have jurisdiction under the same conditions to rule on appeals brought by the Court of Auditors in order to safeguard its prerogatives."

16) Article 45 is replaced by the following:

" Article 45.

The Statute of the Court of Justice shall be established in an independent protocol.

The Council, acting unanimously at the 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 a term of six years.

The Council, acting by a qualified majority and after consulting the European Parliament, shall adopt the list of members established in accordance with the proposals submitted by each Member State. The term of office of the members of the Court of Auditors shall be renewable.

Members will elect the President of the Court of Auditors from among them for a period of three years. Its term of office shall be 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 the revenue and expenditure of the Community. It shall also examine the accounts of all the revenue and expenditure of any body set up by the Community, in so far as the act establishing that body does not exclude that examination.

The Court of Auditors shall submit to the European Parliament and to the Council a statement of assurance as to the reliability of the accounts and the legality and regularity of the operations concerned, which shall be published in the Official Journal of the European Communities. European Union ''.

This declaration may be supplemented by specific comments on each of the main areas of Community activity. "

(b) Paragraph 4 is replaced by the following:

" 4. The Court of Auditors shall draw up an annual report after the end of each financial year. The report shall be forwarded to the institutions of the Community and published in the Official Journal of the European Union, together with the replies of these institutions to the Court of Auditors ' observations.

The Court of Auditors may also present its observations at any time, which may consist of special reports, on particular questions and opinions, at the request of one of the other institutions of the Court of Auditors. Community.

The Court of Auditors shall adopt its annual reports, special reports or opinions by a majority of its members. It may, however, establish in its chambers rooms for the approval of certain categories of reports or opinions under the conditions laid down in its Rules of Procedure.

The Court of Auditors shall assist the European Parliament and the Council in the exercise of its function of monitoring the implementation of the budget.

The Court of Auditors shall draw up its Rules of Procedure. This Regulation shall require the approval of the Council by a qualified majority. "

19) Article 96 is amended as follows:

"(a) In paragraph 1, the words" Article F. 1 (2) "shall be replaced by" Article 7 (3) "; (b) In paragraph 2, the words" Article F (1) "shall be replaced by" Article 6 (1) "; "Article F. 1 (1)" shall be replaced by "Article 7 (2)". "

Article 5.

The Protocol on the Statute of the European System of Central Banks and of the European Central Bank is hereby amended in accordance with the provisions of this Article.

In Article 10, the following paragraph is added:

" 10.6 The Council, meeting in its formation of Heads of State or Government, acting unanimously on the basis of a recommendation from the ECB and after consulting the European Parliament and the Commission, either on the basis of a Recommendation of the Commission and after consulting the European Parliament and the ECB, may amend the provisions of Article 10.2. The Council will recommend the adoption of such amendments by the Member States.

These amendments will enter into force after ratification by all Member States in accordance with their respective constitutional requirements.

Any recommendation made by the ECB under this paragraph shall require a unanimous decision of the Governing Council. "

Article 6.

The Protocol on the Privileges and Immunities of the European Communities is hereby amended in accordance with the provisions of this Article.

Article 21 is replaced by the following:

" Article 21.

Articles 12 to 15 and Article 18 shall apply to the Judges, Advocates-General, Registrar and Assistant Rapporteurs of the Court of Justice, as well as to the Members and Registrar of the Court of First Instance, without prejudice the provisions of Article 3 of the Protocol on the Statute of the Court of Justice relating to the immunity of the Judges and Advocates-General of the Court of Justice. '

SECOND PART

Transitional and final provisions

Article 7.

The Protocols on the Statute of the Court of Justice annexed to the Treaty establishing the European Community and to the Treaty establishing the European Atomic Energy Community are hereby repealed and replaced

the following:

by 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 Energy Community Atomic.

Article 8.

Articles 1 to 20, 44, 45, the second and third paragraphs of Article 46, 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 shall be repealed. Steel.

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, when the Court of Justice exercises its powers under the provisions of the Treaty establishing the European Coal and Steel Community shall apply the provisions of 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 the Treaty establishing the European Atomic Energy Community.

Article 10.

Decision 88 /591/ECSC, EEC, Euratom of the Council of 24 October 1988 establishing a Court of First Instance of the European Communities, as amended, is hereby repealed, with the exception of Article 3 thereof, the extent to which the Court of First Instance exercises, pursuant to that Article, 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 of time.

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 Republic.

2. 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 complies with that formality.

Article 13.

This Treaty, drawn up in a single copy, in the Danish, Dutch, English, Finnish, French, German, Greek, Irish, Italian, Portuguese, Spanish and Swedish languages, the texts of which are in each of these languages It shall be deposited in the archives of the Government of the Italian Republic, which shall transmit an authenticated copy to each of the governments of the other signatory States.

Done at Nice on 26 February 2001.

PROTOCOLS

(A) Protocol annexed to the Treaty on European Union and to the Treaty establishing the European Communities

Protocol on the enlargement of the European Union

The High Contracting Parties have adopted the following provisions, which are incorporated as annexed to the Treaty on European Union and to the Treaties establishing the European Communities:

Article 1. Repeal of the Protocol on the institutions.

The Protocol on the institutions is hereby repealed with a view to the enlargement of the European Union, annexed to the Treaty on European Union and to the Treaties establishing the European Communities.

Article 2. Provisions concerning the European Parliament.

On 1 January 2004, and with effect from the beginning of the 2004-2009 legislature, the first subparagraph of Article 190 (2) of the Treaty establishing the European Community and the first subparagraph of Article 190 (2) of the Treaty 108 of the Treaty establishing the European Atomic Energy Community shall be replaced by the following:

" The number of elected representatives in each Member State will be 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.

United Kingdom: 72. "

2. Without prejudice to paragraph 3, the total number of representatives to the European Parliament for the 2004-2009 legislature shall be equal to the number of representatives referred to in Article 190 (2) of the Treaty establishing the European Union. The European Community and Article 108 (2) of the Treaty establishing the European Atomic Energy Community shall add the number of representatives of the new Member States resulting from the signed accession treaties to more no later than 1 January 2004.

3. Where the total number of the members referred to in paragraph 2 is less than seven hundred and thirty-two, the number of representatives to be elected in each Member State shall be applied in a proportional manner in such a way that the the total number is as close as possible to seven hundred and thirty-two, without this correction to the effect that in any Member State the number of representatives to be elected is higher than that laid down in Article 190 (2) of the Treaty. establishing the European Community and Article 108 (2) of the Treaty establishing the European Community European Atomic Energy Agency for the 1999-2004 parliamentary term.

The Council will take a decision to that effect.

4. By way of derogation from the second paragraph of Article 189 of the Treaty establishing the European Community and in the second paragraph of Article 107 of the Treaty establishing the European Atomic Energy Community, in the event of the (a) a Treaty of Accession 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 temporarily exceed the seven hundred Thirty-two during the period of application of the said decision. The number of representatives to be elected in the Member States concerned shall apply the same correction as that referred to in the first subparagraph of paragraph 3 of this Article.

Article 3. Provisions relating to the weighting of votes in the Council.

1. On 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 is replaced by the following:

" 2. Where the Council is required to adopt a qualified majority agreement, the votes of the members shall be 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.

UK: 29.

For adoption, the Council agreements shall require at least one hundred and sixty-nine votes representing the favourable vote of the majority of the members, where pursuant to this Treaty they shall be adopted on a proposal from the Commission.

In other cases, they shall require at least one hundred and sixty-nine votes representing a favourable vote of at least two-thirds of the members. "

(ii) The following paragraph 4 is added:

" 4. Where the Council adopts a decision by a qualified majority, any member of the Council may request that it be established that the Member States constituting the qualified majority represent at least 62% of the total population. of the Union. If it is apparent that this condition is not met, the decision in question shall not be taken. '

(b) In Article 23 (2) of the Treaty on European Union, the third paragraph 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. For their adoption, decisions shall require at least one hundred and sixty-nine votes representing a favourable vote of at least two-thirds of the members. Where the Council adopts a decision by a qualified majority, any member of the Council may request that it be established that the Member States constituting the qualified majority represent at least 62% of the total population of the the Union. If it is apparent that this condition is not met, the decision in question shall not be taken. '

(c) In Article 34 of the Treaty on European Union, paragraph 3 is replaced by the following:

" 3. Where the Council is required to adopt an agreement by a qualified majority, the votes of the members shall be weighted in accordance with Article 205 (2) of the Treaty establishing the European Community and, for their adoption, the Council's agreements. shall require at least one hundred and sixty-nine votes representing a favourable vote of at least two-thirds of the members.

When a decision is taken by the Council by a qualified majority, any member of the Council may request that it be established that the Member States constituting the qualified majority represent at least 62% of the total population of the Union. If it is apparent that this condition is not met, the decision in question shall not be taken. '

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 in the second subparagraph of Article 118 (2) of the Treaty establishing the European Community The European Atomic Energy Agency shall be calculated in such a way that the threshold of the qualified majority expressed in votes does not exceed that resulting from the table set out in the Declaration on the enlargement of the European Union, included in the Final Act of the Conference which adopted the Treaty of Nice.

Article 4. Provisions relating to the Commission.

1. On 1 January 2005 and with effect from the entry into office of the first Commission following that date, Article 213 (1) of the Treaty establishing the European Community and Article 126 (1) of the Treaty establishing the European Community of the European Atomic Energy Community shall be replaced by the following:

" 1. The members of the Commission shall be elected on account of their general competence and shall provide full guarantees of independence.

The Commission must understand a national of each Member State.

The Council may, acting unanimously, amend the number of members of the Commission. "

2. Where the Union has 27 Member States, Article 213 (1) of the Treaty establishing the European Community and Article 126 (1) of the Treaty establishing the European Atomic Energy Community shall be replaced by the following: next text:

" 1. The members of the Commission shall be elected on account of their general competence and shall provide full guarantees of independence.

The number of members of the Commission will be lower than the number of Member States. The members

the Commission shall be elected in accordance with an equal rotation, the modalities of which shall be adopted by the Council acting unanimously.

The Council shall, acting unanimously, fix the number of members of the Commission. "

This amendment shall apply from the date of entry into office of the first Commission following the date of accession of the twenty-seventh Member State of the Union.

3. The Council, acting unanimously after the signing of the Treaty of Accession of the twenty-seventh Member State of the Union, shall

:

the number of members of the Commission; the modalities of equal rotation which contain all the criteria and rules necessary for the automatic fixing of the composition of successive Colleges, based on the following principles:

a) the Member States shall be treated on a strict basis of equality as regards the determination of the order of turn and the period of their nationals ' stay in the Commission; therefore the difference between the (b) without prejudice to point (a), each of the successive Colleges shall be constituted in such a way as to reflect in a manner that the national authorities of two or more Member States may never be more than one; the demographic and geographical diversity of all the Member States of the Union is satisfactory.

4. Any State acceding to the Union shall be entitled, at the time of its accession, to a national as a member of the Commission until paragraph 2 applies.

B) 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, Wishing to establish the Statute of the Court of Justice provided for in Article 245 of the Treaty establishing the European Community and Article 160 of the Treaty establishing the European Community of the Atomic Energy, have agreed upon the following provisions, which shall be annexed to the Treaty on European Union, to the Treaty establishing the European Community and to the Treaty establishing the European Atomic Energy Community:

Article 1.

The Court of Justice shall be constituted and shall perform its duties 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 Community, of the European Atomic Energy Community (EAEC Treaty) and of this Statute.

TITLE I

Staff Regulations of Judges and Advocates

Article 2.

Before entering into office, any Judge shall take the oath, in public session, that he shall perform his duties impartially and in conscience and that he shall not in any way violate the secrecy of the deliberations.

Article 3.

Judges shall enjoy immunity from jurisdiction.

After having ceased their duties, they shall continue to enjoy immunity in respect of acts performed by them on an official basis, including their oral and written statements.

The Court of Justice, meeting in plenary session, may waive immunity.

If, once immunity has been lifted, criminal proceedings are brought against a Judge, the Judge may only be tried, in each of the Member States, by the competent authority to try the magistrates in question. to the national supreme 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, Advocates-General, Registrar and Assistant of the Court of Justice, without prejudice to the provisions relating to immunity from the jurisdiction of the Judges set out in the preceding paragraphs.

Article 4.

Judges may not exercise any political or administrative function.

They shall not, unless exceptional authorisation by the Council, exercise any professional activity, whether paid or not.

At the time of taking up their duties, they shall solemnly undertake to respect, for the duration of their term of office and even after the end of their term of office, the obligations arising from their duties and, in particular, the duties of honesty and discretion in the acceptance, after the end of its term of office, of certain functions or benefits.

In case of doubt, the Court of Justice will decide.

Article 5.

Apart from the cases of periodic renewal and death, the mandate of the Judges shall end individually by resignation.

In the event of the resignation of a Judge, the letter of resignation shall be addressed to the President of the Court of Justice, who shall forward it to the President of the Council. The latter notification shall determine the vacancy of the position.

Except where Article 6 applies, the Judges shall remain in office until the entry into office of their successor.

Article 6.

Judges may be relieved of their duties only or deprived of their right to a pension or any other substitute benefit where, in the unanimous opinion of the Judges and the Advocates-General of the Court of Justice, they leave to meet the required conditions or to meet the obligations arising from his position.

The interested party will not take part in such deliberations.

The Registrar shall communicate the decision of the Court of Justice to the Presidents of the European Parliament and the Commission and shall notify the President of the Council.

In the case of a decision relating to a Judge of his/her duties, the latter notification shall determine the vacancy of the position.

Article 7.

Judges who cease their duties before the expiry of their term of office shall be replaced for the remainder of their term of office.

Article 8.

The provisions of Articles 2 to 7 shall apply to Advocates General.

TITLE II

Organization

Article 9.

The partial renewal of the Judges, which will take place every three years, will affect eight and seven Judges alternately.

The partial renewal of the Advocates-General, which will take place every three years, will affect four Advocates-General.

Article 10.

The Registrar shall take the oath of office before the Court of Justice that he shall perform his duties impartially and conscientiously and that he shall not in any way violate the secrecy of the deliberations.

Article 11.

The Court of Justice shall provide for the replacement of the Registrar in the event of his/her impairment.

Article 12.

Officials and other servants shall be assigned to the Court of Justice in order to ensure their functioning.

Depend on the Secretary under the authority of the President.

Article 13.

On a proposal from the Court of Justice, the Council may, acting unanimously, provide for the appointment of assistant rapporteurs and establish their status. The assistant rapporteurs may be called, under the conditions laid down in the Rules of Procedure, to take part in the proceedings before the Court of Justice and to cooperate with the Judge-Rapporteur.

Deputy rapporteurs, chosen from persons who offer absolute guarantees of independence and possess the necessary legal competence, shall be appointed by the Council. They shall take the oath of office before the Court of Justice that they shall perform their duties impartially and conscientiously and that they shall not in any way violate the secrecy of the deliberations.

Article 14.

The Judges, the Advocates-General and the Registrar shall reside in the locality in which the Court of Justice has its seat.

Article 15.

The Court of Justice will operate on a permanent basis. The duration of the judicial holidays shall be fixed by the Court of Justice, taking into account the needs of the service.

Article 16.

The Court of Justice shall be composed of three and five Judges. The Judges shall elect the Presidents of the Chamber from among them. The Presidents of the Chambers of five Judges shall be elected for three years. Its mandate may be renewed once.

The Grand Chamber shall be composed of 11 Judges.

It will be chaired by the President of the Court of Justice.

The Presidents of the Chambers of five Judges and other Judges appointed under the conditions laid down in the Rules of Procedure shall also be part of the Grand Chamber.

The Court of Justice shall act in Grand Chamber at the request of a Member State or an institution of the Communities which is a party to the proceedings.

The Court of Justice shall act in plenary when a case is referred to it pursuant to Article 195 (2), Article 213 (2), Article 216 or Article 247 (7) of the EC Treaty or paragraph 2. Article 107 D (2), Article 126 (2), Article 129 or Article 160b (7) of the EAEC Treaty.

In addition, when you consider that an issue of which you are aware is of exceptional importance, the Court of Justice may decide, hearing the Advocate-General, to give it to the plenary.

Article 17.

The Court of Justice may only deliberate in an odd number.

The deliberations of the Chambers composed of three or five Judges shall be valid only if three Judges are present.

The deliberations of the Grand Chamber will only be valid if nine Judges are present.

The deliberations of the Court of Justice shall be valid only if 11 Judges are present.

If one of the Judges making up a Chamber is prevented from doing so, it may be necessary to assist a Judge who is part of another Chamber under the conditions laid down in the Rules of Procedure.

Article 18.

Judges and Advocates-General may not participate in the resolution of any matter in which they have previously intervened as an agent, adviser or lawyer to one of the parties, or for which they would have been calls to speak as members of a tribunal, a commission of inquiry or any other concept.

If, for a special reason, a Judge or Advocate-General considers that he cannot participate in the trial or in the examination of a particular case, he shall inform the President thereof. If the President considers that, for a special reason, a Judge or a Advocate-General should not be involved or present conclusions in a particular case, he shall warn the person concerned.

In the event of difficulties in the application of this Article, the Court of Justice shall decide.

A party may not invoke the nationality of a Judge or the absence in the Court of Justice or one of its Chambers of a Judge of his nationality in order to request the amendment of the composition of the Court of Justice or of one of its Rooms.

TITLE III

Procedure

Article 19.

Member States, as well as the institutions of the Communities, shall be represented before the Court of Justice by an agent appointed for each case; the staff member may be assisted by an adviser or a lawyer.

States Parties to the Agreement on the European Economic Area, other than the Member States, and the EFTA Surveillance Authority, as provided for in that Agreement, shall be represented in the same manner.

The other parties must be represented by a lawyer.

Only a lawyer who is entitled to exercise 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 to the Court of Justice The Commission

Agents, advisers and lawyers who appear before the Court of Justice shall enjoy the rights and guarantees necessary for the independent exercise of their duties under the conditions laid down in the Rules of Procedure. Procedure.

The Court of Justice shall enjoy, in respect of the advisers and lawyers before it, the powers normally recognized in this matter to the Courts and Tribunals, under conditions determined by the same Regulation.

National teachers in the Member States whose legislation recognises the right to act in judgment shall be entitled to the Court of Justice of the rights referred to in this Article by the Advocates.

Article 20.

The procedure before the Court of Justice will consist of two phases: one written and one oral.

The written stage will consist of the notification to the parties, as well as to the institutions of the Communities whose acts are contested, of the claims, allegations, replies and observations and, possibly, of the replicas, thus as of any other supporting part or document or of its certified certified copies.

Notifications shall be made under the responsibility of the Registrar in the order and within the time limits laid down in the Rules of Procedure.

The oral procedure shall include the reading of the report submitted by the Judge-Rapporteur, the hearing by the Court of Justice of the agents, advisers and lawyers and the Opinion of the Advocate-General and, if any, the examination of witnesses and experts.

If you consider that the case does not raise any question of new law, the Court of Justice may decide, hearing the Advocate-General, that the case be judged without the Opinion of the Advocate-General.

Article 21.

The proceedings before the Court of Justice shall be initiated by a request addressed to the Registrar. The application shall contain the name and address of the applicant and the quality of the signatory, the name of the party or parties against which the application is lodged, the subject matter of the dispute, the form of order sought, and a summary of the reasons invoked.

The application must be accompanied, if applicable, by the act whose 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 certifying the date of the Requirement laid down in those Articles.

If such documents have not been attached to the application, the Registrar shall invite the person concerned to submit them within a reasonable time, without prejudice to the need to prevent the procedural situation from being settled. time limit for use.

Article 22.

In the cases referred to in Article 18 of the EAEC Treaty, the action before the Court of Justice shall be brought in writing to the Registrar. The letter shall contain the name and address of the applicant and the quality of the signatory, indicating the decision against which the appeal is lodged, the name of the litigants, the subject-matter of the dispute, the claims and an exposure summary of the grounds invoked.

The document must be accompanied by a copy of the decision of the Arbitration Committee being contested.

If the Court of Justice dismisses the appeal, the decision of the Arbitration Committee will be final.

If the Court of Justice annuls the decision of the Arbitration Committee, if it has taken place and on the initiative of one of the parties in the process, the procedure may be resumed before the Arbitration Committee. It must comply with the questions of law decided by the Court of Justice.

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 EAEC Treaty, the decision of the national court which suspends the procedure and submits the the case before the Court of Justice shall be notified to the Court by that court.

The Registrar of the Court of Justice shall then notify the parties, the Member States and the Commission, as well as the Council or the European Central Bank, of such a decision when the act of validity or The Court of the European Parliament and the Council, when the act whose validity or interpretation is called into question has been adopted jointly by these two institutions.

Within two months of this last notification, the parties, the Member States, the Commission and, where appropriate, the European Parliament, the Council and the European Central Bank shall be entitled to submit to the Court of Justice written observations or observations.

In the cases referred to in Article 234 of the EC Treaty, the Registrar of the Court of Justice shall notify the decision of the national court to the States party to the Agreement on the European Economic Area, Member States and the EFTA Surveillance Authority, provided for by the said Agreement, which, within two months of notification and provided that one of the areas of application of such an Agreement is affected, may submit to the Court of Justice allegations or written observations.

Article 24.

The Court of Justice may ask the parties to submit all documents and to provide all the information it deems appropriate. In the event of a refusal, it shall be recorded in the minutes.

The Court of Justice may also ask the Member States and the institutions which are not parties to the dispute to take all the information deemed necessary for the purposes of the proceedings.

Article 25.

At any time, the Court of Justice may entrust any person, corporation, technical cabinet, commission or body of its choice to draw up an expert opinion.

Article 26.

Witnesses may be heard in accordance with the conditions laid down in the Rules of Procedure.

Article 27.

The Court of Justice shall enjoy, in respect of witnesses who do not appear, the powers generally recognized in this matter to the Courts and Tribunals and may impose pecuniary sanctions under the conditions laid down by the Court of Justice. Rules of Procedure.

Article 28.

Witnesses and experts may make a declaration under oath, in accordance with the formula laid down in the Rules of Procedure or as provided for in the national law of the witness or expert.

Article 29.

The Court of Justice may order a witness or expert to give a statement to the judicial authority of his home.

This order shall be communicated to the competent judicial authority in accordance with the conditions laid down in the Rules of Procedure. Documents resulting from the execution of the rogatory Committee shall be referred to the Court of Justice under the same conditions.

The Court of Justice shall bear the costs, without prejudice to the costs, if appropriate, to the parties.

Article 30.

Each Member State shall consider any violation of the oath of witnesses and experts as a crime committed before a national court with jurisdiction in civil matters. Upon denunciation by the Court of Justice, the State concerned shall pursue the perpetrators of that offence before the competent national court.

Article 31.

The hearing shall be public, unless, for serious reasons, the Court of Justice decides otherwise, either on its own initiative or at the request of a party.

Article 32.

During the hearing, the Court of Justice may question the experts and witnesses, as well as the parties themselves. However, the latter will only be able to take action through their representatives.

Article 33.

The minutes of each hearing shall be drawn up; the minutes shall be signed by the President and the Registrar.

Article 34.

The President will set the view shift.

Article 35.

The deliberations of the Court of Justice will be and remain secret.

Article 36.

The sentences will be motivated. They shall mention the names of the Judges who took part in the deliberations.

Article 37.

The sentences will be signed by the President and the Secretary. They will be read in public session.

Article 38.

The Court of Justice will decide on the costs.

Article 39.

The President of the Court of Justice may by means of an abbreviated procedure to which, as far as is necessary, some of the rules contained in this Statute shall not apply and shall be governed by the Rules of Procedure of the Court of Justice. Procedure, decide on the form of order sought by the suspension provided for in Article 242 of the EC Treaty and Article 157 of the EAEC Treaty, the granting of provisional measures in accordance with 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.

In the event of an impediment to the President, the President shall be replaced by another Judge under the conditions laid down in the Rules of Procedure.

The resolution of the President or his replacement shall be of a provisional nature and shall in no way prejudice the decision of the Court of Justice as to the main proceedings.

Article 40.

Member States and the institutions of the Communities may intervene as interveners in disputes submitted to the Court of Justice.

The same right shall apply to any other person who demonstrates an interest in the settlement of a dispute before the Court of Justice, except for disputes between Member States, between institutions of the Communities, or between Member States, on the one hand, and institutions of the Communities on the other.

Subject to the provisions of the second subparagraph, the States party to the Agreement on the European Economic Area, other than the Member States, and the EFTA Surveillance Authority, provided for in that Agreement, may to intervene in disputes submitted to the Court of Justice where they relate to one of the areas of application of the said Agreement.

The claims of the application for intervention may not have any other purpose than to support the claims of one of the parties.

Article 41.

When the defendant, duly called upon, refrains from replying in writing to the complaint, it shall be issued in respect of the judgment in absentia. The judgment may be challenged within one month of the date of its notification. Unless the Court of Justice decides otherwise, the challenge shall not suspend the execution of the judgment given in absentia.

Article 42.

Member States, the institutions of the Communities and any other natural or legal person may, in the cases and conditions laid down in the Rules of Procedure, institute third-party proceedings against the judgments given, without having been summoned to appear, if such sentences injure their rights.

Article 43.

In case of doubt as to the meaning and scope of a judgment, it is for the Court of Justice to interpret that judgment, at the request of the party or the institution of the Communities which demonstrates an interest in that judgment.

Article 44.

The review of the judgment can only be requested from the Court of Justice on the ground of the discovery of a fact which could have a decisive influence and which, before the judgment was given, was unknown by the Court of Justice. Justice and for the party requesting the review.

The review procedure will require a judgment of the Court of Justice, in which the existence of a new fact which is recognised as having the characters which give rise to the review is expressly stated. Therefore, the claim is admissible.

No review demand may be filed after ten years from the date of the judgment.

Article 45.

The Rules of Procedure will set deadlines by reason of distance.

It shall not be possible to prevent the expiry of time limits where the person concerned demonstrates the existence of a fortuitous or force majeure event.

Article 46.

Actions against the Communities in the field of non-contractual liability shall be prescribed for the five years in which they are produced. The prescription shall be interrupted either by application lodged with the Court of Justice or by a prior complaint, which the survivor may submit to the competent institution of the Communities. In the latter case, the application must be lodged within two months of the date provided for in Article 230 of the EC Treaty and Article 146 of the EAEC Treaty; where appropriate, the provisions of the second paragraph of Article 232 of the Treaty shall apply. EC Treaty and the second paragraph of Article 148 of the EAEC Treaty, respectively.

TITLE IV

The Court of First Instance of the European Communities

Article 47.

Articles 2 to 8, Articles 14 and 15, the first, second, fourth and fifth paragraphs of Article 17 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 of Justice, which shall take the decisions referred to in Articles 3, 4 and 6 after consulting the Court of First Instance.

The fourth paragraph of Article 3 and Articles 10, 11 and 14 shall apply mutatis mutandis to the Registrar of the Court of First Instance.

Article 48.

The Court of First Instance shall be composed of 15 Judges.

Article 49.

Members of the Court of First Instance may be called upon to perform the duties of Advocate-General.

The function of the Advocate-General shall be to make publicly available, with complete impartiality and independence, reasoned conclusions on certain matters submitted to the Court of First Instance for the purpose of assisting The Court of Justice in the performance of its mission.

The criteria for the selection of such cases, as well as the terms of designation of the Advocates-General, shall be laid down in the Rules of Procedure of the Court of First Instance.

The member of the Court of First Instance called upon to perform the function of Advocate-General in a case may not participate in the judgment of the Court of First Instance.

Article 50.

The Court of First Instance shall act in chambers composed of three or five Judges. The Judges shall elect the Presidents of the Chamber from among them. The Presidents of the Chambers of five Judges shall be elected for three years. Its mandate may be renewed once.

The composition of the Chambers and the allocation of cases to them shall be governed by the Rules of Procedure. In certain cases provided for in the Rules of Procedure, the Court of First Instance may act in plenary or as a single-member body.

The Rules of Procedure may also provide for the Court of First Instance to be held in Grand Chamber in cases and conditions which it lays down.

Article 51.

By way of derogation from the rule set out in Article 225 (1) of the EC Treaty and Article 140a (1) of the EAEC Treaty, the resources brought by the Member States, by the institutions of the Member States, Communities and the European Central Bank shall be the jurisdiction of the Court of Justice.

Article 52.

The President of the Court of Justice and the President of the Court of First Instance shall establish by common accord the conditions under which officials and other servants attached to the Court of Justice shall provide their services in the Court of First Instance to ensure its functioning. Certain officials or other servants shall be dependent on the Registrar of the Court of First Instance under the authority of the President of the Court of First Instance.

Article 53.

The procedure before the Court of First Instance shall be governed by Title III.

To the extent necessary, the procedure before the Court of First Instance shall be specified and completed 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 specific features of disputes relating to the field of intellectual property.

By way of derogation from the fourth paragraph of Article 20, the Advocate-General may submit his reasoned opinion in writing.

Article 54.

Where an appeal or any other procedural document addressed to the Court of First Instance is lodged by mistake with the Registrar of the Court of Justice, it shall immediately forward it to the Registrar of the Court of First Instance. In the same way, where an appeal or any procedural document addressed to the Court of Justice is lodged by mistake with the Registrar of the Court of First Instance, the Registrar of the Court of First Instance shall immediately forward it to the Registrar of the Court of Justice. Justice.

When the Court of First Instance finds that it is not competent to hear an appeal for the jurisdiction of the Court of Justice, it shall forward it to the Court of Justice. In the same way, where the Court considers that an action falls within the jurisdiction of the Court of First Instance, it shall forward it to the Court of First Instance, which in that case may not decline its jurisdiction.

When cases are submitted to the Court of Justice and the Court of First Instance which have the same object or which raise the same question of interpretation or question the validity of the same act, the Court of First Instance The Court of Justice may, after hearing the parties, suspend proceedings until the Court of Justice has delivered its judgment. Where appeals are lodged for the annulment of the same act, the Court of First Instance may also decline jurisdiction in order to enable the Court of Justice to rule on such appeals. In the cases referred to in this paragraph, the Court of Justice may also decide to suspend the procedure from which it is known; in that case, the procedure shall continue before the Court of First Instance.

Article 55.

The decisions of the Court of First Instance to put an end to the proceedings, as well as those that partially resolve the substantive issue or end a procedural incident concerning a plea of lack of competence or inadmissibility shall be notified by the Registrar of the Court of First Instance to all the parties, as well as to all the Member States and to the institutions of the Communities, even if they have not intervened in the proceedings before the Court of First Instance.

Article 56.

Against decisions of the Court of First Instance to terminate the proceedings, as well as against those that partially resolve the substantive issue or end a procedural incident concerning a plea of lack of competence or Appeal to the Court of Justice may be brought before the Court of Justice within two months of the notification of the contested decision.

Such an appeal may be brought by any of the parties whose claims have been wholly or partly dismissed. However, interveners other than the Member States or institutions of the Communities may bring an appeal only where the decision of the Court of First Instance directly affects them.

Except in disputes between the Communities and their servants, the appeal may also be brought by the Member States and the institutions of the Communities which have not intervened in the proceedings before the Court of Justice. First Instance. Those Member States and institutions shall be in a position identical to that of the Member States or institutions which have intervened in the first instance.

Article 57.

Any person whose application for intervention has been dismissed may bring an appeal before the Court of Justice against the decision of the Court of First Instance which dismisses his application for a decision intervention, within a period of two weeks from the notification of the resolution.

The parties to the proceedings may bring an appeal against any decision of the Court of First Instance adopted pursuant to Articles 242, 243 or the fourth paragraph of Article 256 of the EC Treaty or pursuant to Articles 157, 158 or the third paragraph of Article 164 of the EAEC Treaty, within two months of the notification of the decision.

The appeal referred to in the first and second subparagraphs of this Article shall be settled in accordance with the procedure laid down in Article 39.

Article 58.

The appeal to the Court of Justice shall be limited to matters of law. It shall be based on grounds of lack of competence of the Court of First Instance, irregularities of the proceedings before it which damage the interests of the appellant, and the infringement of Community law by the Court of First Instance. of the Court of First Instance.

The imposition and the amount of the costs will not themselves constitute grounds for the appeal.

Article 59.

The proceedings before the Court of Justice in an appeal against a decision of the Court of First Instance shall consist of a written procedure and an oral procedure. The Court of Justice, having heard the Advocate-General and the parties, may decide without oral procedure, under the conditions laid down in the Rules of Procedure.

Article 60.

The appeal shall not have suspensory effect, without prejudice to Articles 242 and 243 of the EC Treaty or Articles 157 and 158 of the EAEC Treaty.

By way of derogation from Article 244 of the EC Treaty and Article 159 of the EAEC Treaty, decisions of the Court of First Instance which annul a regulation shall only take effect from the expiry of the period of time. referred to in the first paragraph of Article 56 of this Statute or, if an appeal has been brought during that period, on the basis of the dismissal of the appeal, without prejudice to the right of each party to bring the action before the Court. Court of Justice a claim under Articles 242 and 243 of the EC Treaty or Articles 157 and 158 of the EAEC Treaty, with the aim of suspending the effects of the annulled regulation or the adoption of any other interim measure.

Article 61.

When the appeal is considered, the Court of Justice shall annul the decision of the Court of First Instance. In such a case, the Court of Justice may either terminate the dispute itself definitively, where its state so permits, or refer the case back to the Court of First Instance for the latter to be resolved.

In the event of repayment, the Court of First Instance shall be bound by the matters of law which are governed by the decision of the Court of Justice.

Where an appeal brought by a Member State or an institution of the Communities which did not intervene in the proceedings before the Court of First Instance is considered, the Court of Justice, if it considers it It may indicate the effects of the decision of the Court of First Instance which has been annulled 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 140a (2) and (3) of the EAEC Treaty, the first Advocate-General may propose to the Court of Justice to review the decision of the Court of First Instance when it considers that there is a serious risk of the unity or consistency of Community law being infringed.

The proposal must be submitted within one month of the delivery of the decision of the Court of First Instance. The Court of Justice shall decide within one month of the proposal submitted to it by the first Advocate-General whether or not to review the decision.

TITLE V

Final Provisions

Article 63.

The Rules of Procedure of the Court of Justice and the Court of First Instance shall contain all the provisions necessary to apply and, to the extent necessary, to supplement this Statute.

Article 64.

Until the adoption of the rules relating to the language regime applicable to the Court of Justice and the Court of First Instance in this Statute, the provisions of the Rules of Procedure shall continue to apply. of the Court of Justice and the Rules of Procedure of the Court of First Instance concerning the language arrangements. Any amendment or repeal of those provisions shall be carried out in accordance with the procedure laid down for the amendment of this Statute.

(C) Protocols annexed to the Treaty establishing the European Community

Protocol on the financial consequences of the expiry of the ECSC Treaty and the Research Fund for Coal and Steel

The High Contracting Parties, desirous of resolving certain questions relating to the expiry of the Treaty establishing the European Coal and Steel Community (ECSC); In the light of the above, it is desirable to use these funds for research in the sectors linked to the coal and steel industry and the consequent need to set certain rules for the European Community. They have agreed on the following provisions, which will be incorporated as annexed to the Treaty establishing the European Community:

Article 1.

1. All the assets and liabilities of the ECSC as at 23 July 2002 will be transferred to the European Community as from 24 July 2002.

2. Without prejudice to any increase or decrease which may arise as a result of the liquidation operations, the net value of these items, as shown in the balance sheet of the ECSC as at 23 July 2002, shall be treated as a property. for research in the sectors related to the coal and steel industry, designated as 'ECSC in liquidation'. After the closure of the settlement, the equity shall be referred to as 'Assets of the Coal and Steel Research Fund'.

3. The revenue generated by this equity, known as the 'Research Fund for Coal and Steel', will be used exclusively for research purposes in the sectors related to the coal and steel industry outside the framework programme. (a) in accordance with the provisions of this Protocol and in the acts adopted pursuant to this Protocol.

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 multiannual financial guidelines for the management of the assets of the Research Fund for Coal and Steel and the technical guidelines for the research programme of the Fund.

Article 3.

Unless otherwise provided in this Protocol and the acts adopted pursuant thereto, the provisions of the Treaty establishing the European Community shall apply.

Article 4.

This Protocol shall apply from 24 July 2002.

Protocol on Article 67 of the Treaty establishing the European Community

The High Contracting Parties have agreed to the following provision, which shall be annexed to the Treaty establishing the European Community:

Single item.

With effect from 1 May 2004, the Council, acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament, shall decide to adopt the measures referred to in Article 66 of the Treaty establishing the European Union. European Community.

FINAL ACT

The Conference of the Representatives of the Governments of the Member States, convened in Brussels on 14 February 2000 to adopt by common agreement the amendments to be made to the Treaty on European Union, in the Treaties establishing the European Community, the European Atomic Energy Community and the European Coal and Steel Community and in certain related acts, the following texts have been adopted:

I

The 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 Union.

B. 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.

C. Protocols annexed to the Treaty establishing the European Community:

Protocol on 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 has adopted the following Declarations 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 229 A of the Treaty establishing the European Community.

18. Declaration 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 for 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 following Declarations annexed to this Final Act:

1. Declaration by Luxembourg.

2. Declaration by Greece, Spain and Portugal on Article 161 of the Treaty establishing the European Community.

3. Declaration by Denmark, Germany, the Netherlands and Austria on Article 161 of the Treaty establishing the European Community.

Made in Nice, the twenty-sixth of February two thousand one.

STATEMENTS ADOPTED BY THE CONFERENCE

1. Declaration on the European Security and Defence Policy

According to the texts adopted by the Nice European Council in relation to the European Security and Defence Policy (the report of the Presidency and its annexes), the objective of the European Union is its rapid operation. The European Council will have to take a decision as soon as possible in the course of 2001, and at the latest by the Laeken/Brussels European Council, on the basis of the existing provisions of the Treaty on European Union. Consequently, the entry into force of the Treaty of Nice will not be a prerequisite.

2. Declaration on Article 31 (2) of the Treaty on European Union

The Conference recalls that:

the decision to create a unit composed of prosecutors, judges or police officers with equivalent powers, assigned by each Member State (Eurojust),

with the task of contributing to adequate coordination between the national authorities responsible for the pursuit of crime and to collaborate in investigations related to organised crime, was foreseen in the Conclusions of the Presidency of the European Council of Tampere of 15 and 16 October 1999; the European Judicial Network was established under Joint Action 98 /428/JHA adopted by the Council on 29 June 1998 (OJ L 191, 7.7.1998, p. 4).

3. Declaration on Article 10 of the Treaty establishing the European Community

The Conference recalls that the duty of loyal cooperation deriving from Article 10 of the Treaty establishing the European Community and governing relations between the Member States and the Community institutions also governs relations between the Community institutions themselves. As regards relations between the institutions, where, in the context of such a duty of loyal cooperation, it is necessary 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 may only be concluded with the consent of those three institutions.

4. Declaration on the third paragraph of Article 21 of the Treaty establishing the European Community

The Conference invites the institutions and bodies referred to in the third paragraph of Article 21 or Article 7 to ensure that the reply to any written request from a Union citizen is addressed to the reasonable time.

5. Declaration on Article 67 of the Treaty establishing the European Community

The High Contracting Parties agree that the Council, in the decision to be taken pursuant to the second indent of Article 67 (2):

decides, as 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 63 (3) (b); decide, on the basis of the of the date on which an agreement exists on the scope of the measures relating to the crossing of persons by the external borders of the Member States, in accordance with the procedure laid down in Article 251 for the adoption of measures referred to in point 2 (a) of Article 62.

The Council shall also endeavour to ensure that the procedure referred to in Article 251 applies, as from 1 May 2004 or as soon as possible after that date, to the other areas covered by the Title. IV or some of them.

6. Declaration on Article 100 of the Treaty establishing the European Community

The Conference recalls that the decisions on financial assistance referred to in Article 100 and compatible with the principle of "non-co-responsibility for financial responsibility" laid down in Article 103 shall be adjusted to 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 of the future agreements institutional and financial perspectives.

7. Declaration on Article 111 of the Treaty establishing the European Community

The Conference agrees that, as far as issues of particular interest to Economic and Monetary Union are concerned, it should be carried out in a way that enables all Member States of the euro area to participate. to participate fully in each phase of the preparation of the Community's position at international level.

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 have a strong will to ensure that the European Union plays a role in protecting the environment both in the Union and at international level, in order to pursue the same objective at global level. Full use should be made of all the possibilities offered by the Treaty for the achievement of this objective, including the use of market-oriented incentives and instruments aimed at promoting sustainable development.

10. Declaration on Article 181a 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 of payments of third countries does 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 entail any transfer of powers to the European Community and do not affect the application of the relevant national constitutional rules.

The financing of political parties at European level from the budget of the European Communities cannot be used to finance directly or indirectly the political parties at national level.

The provisions on the financing of political parties will apply, on the same basis, to all the political forces represented in the European Parliament.

12. Declaration on Article 225 of the Treaty establishing the European Community

The Conference invites the Court of Justice and the Commission to carry out an overall study of the division of powers between the Court of Justice and the Court of First Instance as soon as possible, in particular in the field of (i) direct and appropriate proposals to enable the competent bodies to examine them as soon as the Treaty of Nice enters into force.

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 provided for in Article 225 (2) and (3) should be included in the Statute of the Court of Justice. Those provisions should specify in particular:

the role of the parties in the proceedings before the Court of Justice in order to safeguard their rights; the effect of the review procedure on the executive character of the decision of the Court of First Instance The effect of the decision 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 Staff Regulations necessary for the implementation of Article 225 (2) and (3), should establish a procedure to ensure that the functioning of the It shall be assessed not 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 in which it decides to review a decision of the Court of First Instance for a preliminary ruling, the Court of Justice should rule by a procedure of urgency.

16. Declaration on Article 225a 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 setting up a court with jurisdiction to settle disputes between the Court of Justice in the first instance. Community and its agents.

17. Declaration on Article 229 A of the Treaty establishing the European Community

The Conference considers that Article 229 A does not prejudge the option to be taken on the judicial framework which may be established to deal with disputes relating to the application of acts adopted on the basis of the Treaty. establishing the European Community by which Community industrial property titles are created.

18. Declaration on the Court of Auditors

The Conference invites the Court of Auditors and national audit bodies to improve the framework and conditions of their cooperation, while maintaining their respective autonomy. To this end, the President of the Court of Auditors may set up a committee of contact with the Presidents of the national audit bodies.

19. Declaration on Article 10.6 of the Statute of the European System of Central Banks

of the European Central Bank

The Conference is confident that a recommendation within the meaning of Article 10.6 of the Statute of the European System of Central Banks and of the European Central Bank will be presented as soon as possible.

20. Declaration on the enlargement of the European Union (1)

The common position adopted by the Member States in the accession conferences with regard to the allocation of seats in the European Parliament, the weighting of votes in the Council, the composition of the Economic Committee and Social 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 tables included in this Declaration have taken into account only the candidate countries with which the accession negotiations have effectively begun.

1. European Parliament.

(SEE IMAGES, PAGE 40367 TO 40368)

Member States

Seats in the EP

Germany. .. .. .. .. .. .. .. .. .. .. ... 99 United Kingdom .. .. .. .. .. .. .. .. .. .. .......... ... 72 France .. .. .. .. .. .. .. .. ... .. 72 Italy ... .. .. .. .. .. .. .. .. .. .. ... .. ... .. ... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 50 Romania .. .. .. .. .. .. .. .. .. .. .. ..... 33 The Netherlands .. .. .. .. .. .. .. .. .. .. ................. ... 25 Greece ... .. .. .. .. .. .. .. .. .. .. .. .. 22 Czech Republic. ... .. .. .. ... 20 Belgium .. .. .. .. .. .. .. .. ... ... ... ... ... ... ... ... .. ... .. ... ... ... ... .. ... .. .. .. .. .. .. .. .. .. ... .. ... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... .. .. ... ..................... ............... ... ... ... ... ... ... ... ... .. ... ... ... .. ... .. .. .. .. .. .. .. .. .. .... ... ... ... ... ... 13 Denmark .. .. .. .. .. .. .. .. .. .. .. ... 13 Finland .. .. .. .. .. .. .. .. .. .. .. 13 Ireland .. .. .. .. .. .. .. .. .. .. .. .. ... ... ... ... .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. .. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... Slovenia. .. .. .. .. .. .. .. .. .. .. ... 7 Estonia .. .. .. .. .. .. .. .. .. .. .. .. .. 6 Cyprus ... .. .. .. .. .. .. .. .. .. .. ... .. .. 6 Luxembourg .. .. .. .. .. .. .. .. .. .. .. ... .. .. ... .. ... .. ... .. ... .. ... .. ... .. ... .. ... .. .. 6 Malta .. .. .. .. .. .. .. .. .. .. .. ...............

. ..

Total .. .. .. .. .. .. .. .. .. .. .. .. ...

732

2. Weighting of votes in the Council.

Board Members Weighted

Germany. .. .. .. .. .. .. .. .. .. .. ... 29 United Kingdom .. .. .. .. .. .. .. .. .. .. ........... .. 29 France .. .. .. .. .. .. .. .. .. ... ... ... .29 ... .. .. ... .. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. ... ... ... ... ... ... ... .. ... .. ... ... .. ... ... .. ... .. .. ... .. .. .. .. .. .. .. .. 27 Romania .. .. .. .. .. .. .. .. .. .. .. .. ... 14 The Netherlands .. .. .. .. .. .. .. .. .. .. ................... ... 13 Greece ... .. .. .. .. .. .. .. .. .. .. ... .. 12 Czech Republic. ... .. .. .. .. ... ... .12 Belgium .. .. .. .. .. .. .. .. .. .. .. ... .. ... ... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. ... 10 Bulgaria .. .. .. .. .. .. .. .. .. .. .. .... ... ... ... ..... ...... ... 10 Austria. .. .. .. .. .. .. .. .. .. .. .. ... 10 Slovakia. ... .. .. .. .. .. .. .. ... .. 7 Denmark. ... .. .. .. .. .. .. .. .. 7 Finland. ... .. .. .. .. .. .. .. .. .. .......... ... 7 Ireland. .. .. .. .. .. .. .. .. .. .. .. ... 7 Lithuania .. .. .. .. .. .. .. .. .. .. .. .. ... 7 Latvia. .. .. .. .. .. .. .. .. .. .. .. ... 4 Slovenia .. .. .. .. .. .. .. .. .. .. .. .. ... 4 Estonia. .. .. .. .. .. .. .. .. .. .. .. ... 4 Cyprus .. .. .. .. .. .. .. .. .. .. .. .. 4 Luxembourg. ... .. .. .. .. .. .. .. .. 4 Malta. .. .. .. .. .. .. .. .. .. .. ..............

..

Total. ... .. .. .. .. .. .. .. ..

345

For adoption, the Council agreements shall require at least 258 votes representing the favourable vote of the majority of the members, where under this Treaty they shall be adopted on a proposal from the Commission.

In other cases, they shall require at least 258 votes representing a favourable vote of at least two-thirds of the members.

When a decision is taken by the Council by a qualified majority, any member of the Council may request that it be established that the Member States constituting the qualified majority represent at least 62% of the total population of the Union.

If it becomes apparent that this condition is not met, the decision in question will not be taken.

3. Economic and Social Committee.

Member Member States

Germany .. .. .. .. .. .. .. .. .. .. .. .. .. .. 24 United Kingdom. ... .. .. .. .. ... .. ... .. 24 France. .. .. .. .. .. .. .. .. .. .. .. ... 24 Italy .. .. .. .. .. .. .. .. .. .. .. .. .. ... 24 Spain. .. .. .. .. .. .. .. .. .. .. .. ... 21 Poland. .. .. .. .. .. .. .. .. .. .. .. ... 21 Romania. ... .. .. .. .. .. .. .. .. .. .......... ... 15 Netherlands. ... .. .. .. .. .. ... ... .. .12 Greece .. .. .. .. .. .. .. .. .. .. .. ... ........ .. .. .. .. .. .. .. .......... .. 12 Belgium. .. .. .. .. .. .. .. .. .. .. .. ... 12 Hungary .. .. .. .. .. .. .. .. .. .. .. .. ... 12 Portugal .. .. .. .. .. .. .. .. .. .. .. .. ... 12 Sweden .. .. .. .. .. .. .. .. .. .. .. .. .. ... 12 Bulgaria .. .. .. .. .. .. .. .. .. .. .. .. ... ... ... ... .... ..... ... ... ... 12 Austria. .. .. .. .. .. .. .. .. .. .. .. ... 12 Slovakia. ... .. .. .. .. .. .. .. .. 9 Denmark. ... .. .. .. .. .. .. .. .. 9 Finland. ... .. .. .. .. .. .. .. .. .. .......... ... 9 Ireland. .. .. .. .. .. .. .. .. .. .. .. ... 9 Lithuania .. .. .. .. .. .. .. .. .. .. .. .. ... 9 Latvia. .. .. .. .. .. .. .. .. .. .. .. ... 7 Slovenia .. .. .. .. .. .. .. .. .. .. .. .. ... 7 Estonia. .. .. .. .. .. .. .. .. .. .. .. ... 7 Cyprus .. .. .. .. .. .. .. .. .. .. .. .... ... 6 Luxembourg. ... .. .. .. .. .. .. ... .. 6 Malta. .. .. .. .. .. .. .. .. .. .. ..............

..

Total. ... .. .. .. .. .. .. .. ..

344

4. Committee of the Regions.

Member States

Members

Germany .. .. .. .. .. .. .. .. .. .. .. .. 24 UK. ... .. .. .. ... ...... ... 24 France ... .. .. .. .. .. .. .. .. .. .. .. ... ... ... ... ......... ... 24 Italy .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... 24 Spain ... .. .. .. .. .. .. .. .. .. .. ............ ... 21 Poland ... .. .. .. .. .. .. .. .. .. .. .. ........... ... 21 Romania. .. .. .. .. .. .. .. .. .. ... .. 15 Netherlands. .. .. .. .. .. .. .. ... .. .12 Greece .. .. .. .. .. .. .. .. .. .. .. .. ... ... ... ... .. ... 12 Czech Republic .. .. .. .. .. .. .. .. ... 12 Belgium ... .. .. .. .. .. .. .. .. .. .. .. ........... ... 12 Hungary .. .. .. .. .. .. .. .. .. .. .. .. .. ... 12 Portugal .. .. .. .. .. .. .. .. .. .. .. .. .. ... 12 Sweden .. .. .. .. .. .. .. .. .. .. .. .. .. ... 12 Bulgaria .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 12 Austria ... .. .. .. .. .. .. .. .. .. .. ............ ... 12 Slovakia. .. .. .. .. .. .. .. .. .. .. 9 Denmark. .. .. .. .. .. .. .. .. .. .. 9 Finland. .. .. .. .. .. .. .. .. ... ... .. 9 Ireland ... .. .. .. .. .. .. .. .. .. .. .. ... .. ... .. ... .. ... .. ... .. ... .. ... 9 Lithuania .. .. .. .. .. .. .. .. .. .. .. .. .. ... 9 Latvia ... .. .. .. .. .. .. .. .. .. .. .. ... 7 Slovenia .. .. .. .. .. .. .. .. .. .. .. .. 7 Estonia ... .. .. .. .. .. .. .. .. .. .. .. .. ... ... .. ... .. ... .. ... .. ... .. ... .. .. 7 Cyprus .. .. .. .. .. .. .. .. .. .. .. .. .. ... 6 Luxembourg. .. .. .. .. .. .. .. ... ... ................. .. .. .. .. .. ... ... ........ ... 5

Total. .. .. .. .. .. .. .. .. .. ..

344

21. Declaration on the threshold of qualified majority and the number of votes of the blocking minority in an enlarged Union

To the extent that all the candidate countries listed in the Declaration on the enlargement of the European Union have not yet acceded to the Union when the new weightings of the European Union have entered into force. (1 January 2005) the threshold for qualified majority voting shall be based on the rate of accessions, from a percentage below the current rate to a maximum of 73,4%. Where all the candidate States mentioned above have acceded, the blocking minority, in a Union of 27, shall pass to 91 votes and the qualified majority threshold resulting from the table set out in the Declaration on the Enlargement of the European Union will be adapted accordingly automatically.

22. Declaration on the place of meeting of the European Councils

From 2002 onwards, a meeting of the European Council for Presidency will be held in Brussels. When the Union has 18 members, all meetings of the European Council shall be held in Brussels.

23. Declaration on the future of the Union

1. Important reforms have been decided in Nice.

The Conference welcomes the successful completion of the Conference of the Representatives of the Governments of the Member States and calls on the Member States to ratify the Treaty of Nice quickly.

2. The Conference agrees that the conclusion of the Conference of the Representatives of the Governments of the Member States opens the way for the enlargement of the European Union and underlines that, with the ratification of the Treaty of Nice, the European Union will have completed the institutional changes necessary for the accession of new Member States.

3. Once the road to enlargement is open, the Conference calls for a wider and deeper debate on the future of the European Union. In 2001, the Swedish and Belgian Presidencies, in collaboration with the Commission and with the participation of the European Parliament, will foster a broad debate with all stakeholders:

the representatives of national parliaments and of all public opinion, such as political, economic and university circles, representatives of civil society, etc. This process will be associated with the candidate states in terms of definition.

4. Following a report to be presented in Gothenburg in June 2001, the European Council, at its meeting in Laeken/Brussels in December 2001, will adopt a declaration including appropriate initiatives for the continuation of this process.

5. This process should address in particular the following issues:

how to establish and monitor a more precise delimitation of competences between the European Union and the Member States, respecting the principle of subsidiarity; the Charter of Fundamental Rights of the European Union; the European Union, proclaimed in Nice, in accordance with the conclusions of the Cologne European Council; the simplification of the Treaties in order to clarify and facilitate their understanding, without changing their meaning; the role of the parliaments national in the European architecture.

6. The Conference, in selecting these themes of reflection, recognizes the need to improve and to monitor permanently the democratic legitimacy and transparency of the Union and its institutions, in order to bring these to the citizens of the Member States.

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, in order to address the above issues with a view to introducing the amendments to the Treaties.

8. The Conference of the Representatives of the Governments of the Member States shall under no circumstances constitute an obstacle or condition prior to the enlargement process. In addition, the Conference will be invited to those candidate States which have concluded accession negotiations with the Union and will be invited as observers to those candidates who have not concluded them.

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 invites the Council to ensure, within the framework of Article 2 of the Protocol, that the ECSC statistical system is maintained after the expiry of the ECSC Treaty and until 31 December 2002, and to invite the Commission to make the appropriate recommendations.

STATEMENTS THAT THE CONFERENCE TOOK NOTE OF

1. Declaration of Luxembourg

Without prejudice to the Decision of 8 April 1965 and the provisions and possibilities contained therein concerning the seat of the future institutions, bodies and departments, the Luxembourg Government undertakes not to claim the The Office for the Harmonization of the Internal Market Office (trade marks, designs), which are still in place in Alicante, is the seat of the Boards of Appeal of the Office for the Harmonization of the Internal Market, even if these rooms were to be converted into judicial panels within the meaning of Article 1 (2) of the Treaty. 220 of the Treaty establishing the European Community.

2. Declaration by Greece, Spain and Portugal on Article 161 of the Treaty establishing the European Community

The agreement of Greece, Spain and Portugal for the transition to the adoption of decisions by qualified majority in Article 161 of the Treaty establishing the European Community was given on the basis that the term 'multiannual', in the Third, it means that the financial perspective applicable from 1 January 2007 and the corresponding interinstitutional agreement will be in the same duration as the current financial perspective.

3. Declaration by Denmark, Germany, the Netherlands and Austria on Article 161 of the Treaty establishing the European Community

As regards 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 the said Declaration does not have the The European Commission's action, in particular its right of initiative, is to be prejudged.