JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following organic law.

EXPLANATORY STATEMENT

The Treaty of Lisbon, signed in the Portuguese capital on 13 December 2007, required for its entry into force that it be ratified by each of the Member States of the European Union (EU) in accordance with its respective constitutional rules.

In the case of the Republic of Ireland (Ireland), its Constitution required the holding of a referendum as a pre-ratification step. The negative result of this consultation, on 12 June 2008, put the process of European construction at risk.

In view of the concerns expressed by the Taoiseach (Prime Minister of Ireland) regarding certain aspects such as the right to life, education, family, fiscal policy and the common security policy, and EU defence, the European Council at its meeting on 11 and 12 December 2008 agreed to seek an institutional exit which would take into account the interests of the Irish people.

Subsequently, the European Council of 18 and 19 June 2009, set out in Annex I the Decision of the Heads of State or Government of the 27 EU Member States concerning the concerns of the Irish people on the Treaty of Lisbon. As far as the decision is concerned, the Heads of State or Government have stated that the Decision:

-Grant the legal guarantee that the concerns of the Irish people will not be affected by the entry into force of the Lisbon Treaty;

-establishes the compatibility of its content with the Lisbon Treaty and ensures that no further ratification of the Lisbon Treaty will be required;

-is legally binding and will take effect on the date of entry into force of the Lisbon Treaty;

-shall state when the next Accession Treaty is concluded, the provisions of the attached Decision in a Protocol annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union.

After the entry into force of the Treaty of Lisbon on 1 December 2009, the Irish Government in accordance with Article 48 of the Treaty on European Union (TEU) sent a letter to the Council on 20 July 2011. the draft Protocol on the concerns of the Irish people on the Treaty of Lisbon.

Following the signature in Brussels on 9 December 2011 of the Treaty of Accession of the Republic of Croatia to the European Union, the conditions were given to include the provisions of the Decision concerning the concerns of the Irish people in a Protocol.

That is why the 27 Member States of the European Union, in Brussels on 13 June 2012, signed the Protocol on the concerns of the Irish people with regard to the Treaty of Lisbon.

Single item. Authorization of ratification.

The ratification by Spain of the Protocol on the concerns of the Irish people with regard to the Treaty of Lisbon is authorised, done in Brussels on 13 June 2012.

Final disposition first. Competence title.

Article 149.1.3 of the Constitution attributes exclusive competence to the State on international relations.

Final disposition second. Entry into force.

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, 19 April 2013.

JOHN CARLOS R.

The President of the Government,

MARIANO RAJOY BREY

PROTOCOL ON THE CONCERNS OF THE IRISH PEOPLE WITH REGARD TO THE TREATY OF LISBON, DONE AT BRUSSELS ON 13 JUNE 2012

The Kingdom of Belgium,

The Republic of Bulgaria,

The Czech Republic,

The Kingdom of Denmark,

The Federal Republic of Germany,

The Republic of Estonia,

Ireland,

The Hellenic Republic,

The Kingdom of Spain,

The French Republic,

The Italian Republic,

The Republic of Cyprus,

The Republic of Latvia,

The Republic of Lithuania,

The Grand Duchy of Luxembourg,

Hungary,

Malta,

The Kingdom of the Netherlands,

The Republic of Austria,

The Republic of Poland,

The Portuguese Republic,

Romania,

The Republic of Slovenia,

The Slovak Republic,

The Republic of Finland,

The Kingdom of Sweden,

The United Kingdom of Great Britain and Northern Ireland,

The High Contracting Parties, hereinafter referred to as 'the High Contracting

',

recalling the decision taken by the Heads of State or Government of the 27 Member States of the European Union, meeting at the European Council on 18 and 19 June 2009, concerning the concerns of the Irish people with regard to the Treaty of Lisbon;

recalling the declaration by the Heads of State or Government, meeting at the European Council on 18 and 19 June 2009, that at the time of the conclusion of the next Accession Treaty, the provisions of that Decision in a Protocol annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, in accordance with their respective constitutional requirements;

Taking note of the signing, by the High Contracting Parties, of the Treaty between the High Contracting Parties and the Republic of Croatia concerning the accession of the Republic of Croatia to the European Union;

The following provisions have been agreed, which will be annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union:

TITLE I

Right to life, family and education

ARTICLE 1

No provision of the Treaty of Lisbon which confers legal status on the Charter of Fundamental Rights, nor the provisions of that Treaty in the area of freedom, security and justice, in any way affect the the scope and applicability of the protection of the right to life, as referred to in Articles 40.3.1, 40.3.2 and 40.3.3 of the Constitution of Ireland, to the protection of the family, as referred to in Article 41, or to the protection of rights in education, referred to in Articles 42, 44.2.4 and 44.2.5 of that Constitution.

TITLE II

Taxation

ARTICLE 2

No provision of the Treaty of Lisbon introduces any change, for any Member State, in relation to the scope or exercise of the European Union's competence in the field of taxation.

TITLE III

Security and Defense

ARTICLE 3

The action of the Union on the international scene is based on the principles of democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human rights, human dignity, the principles of equality and solidarity and respect for the principles of the Charter of the United Nations and international law.

The Common Security and Defence Policy of the Union is an integral part of the Common Foreign and Security Policy and provides the Union with an operational capability to undertake missions outside the Union which are intended to peacekeeping, conflict prevention and the strengthening of international security, in accordance with the principles of the Charter of the United Nations.

This does not affect the defence and security policy of the Member States, including Ireland, or their respective obligations.

The Treaty of Lisbon does not affect or detract from Ireland's traditional policy of military neutrality.

It will be up to the Member States-including Ireland, in a spirit of solidarity and without prejudice to its traditional policy of military neutrality-to determine the type of aid or assistance to be provided to a State. a member who is the subject of a terrorist attack or a victim of an act of armed aggression on his territory.

Any decision to build a common defense will require a unanimous decision of the European Council. It would be up to the Member States, including Ireland, to decide, in accordance with the provisions of the Lisbon Treaty and their respective constitutional rules, whether or not they adopt a common defence.

No provision contained in this Title affects or is detrimental to the position or policy of any other Member State in the field of defence and security.

It is also for each Member State to decide, in accordance with the provisions of the Treaty of Lisbon and any internal legal rule, whether it participates in any form of permanent structured cooperation or the Agency European Defence.

The Treaty of Lisbon does not provide for the creation of a European army or recruitment for any military training.

The Treaty does not affect the right of Ireland or any other Member State to determine the type and extent of its defence and security expenditure or the nature of its defence capabilities.

It shall be for Ireland or any other Member State to decide, in accordance with any internal legal rule, whether or not to participate in any military operation.

TITLE IV

Final Provisions

ARTICLE 4

This Protocol shall be open for signature by the High Contracting Parties until 30 June 2012.

This Protocol shall be ratified by the High Contracting Parties, as well as by the Republic of Croatia if it has not entered into force at the latest on the date of accession of the Republic of Croatia to the European Union, compliance with their respective constitutional requirements. The instruments of ratification shall be deposited with the Government of the Italian Republic.

This Protocol shall enter into force, if possible, on 30 June 2013, provided that all instruments of ratification have been deposited, or, failing that, on the first day of the month following the deposit of the last instrument of ratification by the relevant Member State.

ARTICLE 5

This Protocol, drawn up in a single copy in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Spanish, Estonian, Bulgarian, Slovenian, Spanish Dutch, Polish, Portuguese, Romanian and Swedish, whose texts in each of these languages are equally authentic, will be deposited in the archives of the Government of the Italian Republic, which will transmit an authenticated copy to each of the the other Member States.

Once the Republic of Croatia has been bound by this Protocol pursuant to Article 2 of the Act concerning the Conditions of Accession of the Republic of Croatia, the Croatian text of this Protocol, which it shall also be authentic that the texts referred to in the first subparagraph shall also 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 States members.

In faith of which, the undersigned plenipotentiaries subscribe to this Protocol.

Made in Brussels, on June 13, two thousand twelve.