CHAPTER 1

Produced by Neil McLachlan

The Treaty of the European Union

The Maastricht Treaty, 7th February, 1992.

Contributed by Neil McLachlan, nmclachlan@delphi.com

Note: In the Contents section, the short upper case heading

of each chapter can be searched for, to jump to that chapter.

CONTENTS

HEADS Introduction of signatories

TITLE1 Common Provisions

TITLE2 Provisions Amending the Treaty Establishing the European

Ecomonic Community with a View to Establishing the

European Community

TITLE3 Provisions Amending the Treaty Establishing the European

Coal and Steel Community

TITLE4 Provisions Amending the Treaty Establishing the European

Atomic Energy Community

TITLE5 Provisions on a Common Foreign & Security Policy

TITLE6 Provisions on Cooperation in the Fields of Justice & Home

Affairs

TITLE7 Final Provisions

PROTOCO Protocols

FINAL FINAL ACT

MAY1_92 Declaration on Protocol No. 17, made on the 1st May 1992

HEADS

TREATY ON EUROPEAN UNION

HIS 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,

THE 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 PRESIDENT OF THE PORTUGUESE REPUBLIC,

HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT

BRITAIN AND NORTHERN IRELAND

RESOLVED to mark a new stage in the process of European integration

undertaken with the establishment of the European Communities,

RECALLING the historic importance of the ending of the division of the

European continent and the need to create firm bases for the

construction of the future Europe,

CONFIRMING their attachment to the principles of liberty, democracy

and respect for human rights and fundamental freedoms and of the

rule of law,

DESIRING to deepen the solidarity between their peoples while

respecting their history, their culture and their traditions,

DESIRING to enhance further the democratic and efficient functioning

of the institutions so as to enable them better to carry out, within a

single institutional framework, the tasks entrusted to them,

RESOLVED to achieve the strengthening and the convergence of their

economies and to establish an economic and monetary union

including, in accordance with the provisions of this Treaty, a single

and stable currency,

DETERMINED to promote economic and social progress for their

peoples, within the context of the accomplishment of the internal

market and of reinforced cohesion and environmental protection, and

to implement policies ensuring that advances in economic integration

are accompanied by parallel progress in other fields,

RESOLVED to establish a citizenship common to the nationals of their

countries,

RESOLVED to implement a common foreign and security policy

including the eventual framing of a common defence policy, which

might in time lead to a common defence, thereby reinforcing the

European identity and it independence in order to promote peace,

security and progress in Europe and in the world,

REAFFIRMING their objective to facilitate the free movement of

persons while ensuring the safety and security of their peoples, by

including provisions on justice and home affairs in this Treaty,

RESOLVED to continue the process of creating an ever closer union

among the peoples of Europe, in which decisions are taken as closely

as possible to the citizen in accordance with the principle of

subsidiarity,

IN VIEW of further steps to be taken in order to advance European

integration,

HAVE DECIDED to establish a European Union and to this end have

designated as their plenipotentiaries:

HIS MAJESTY THE KING OF THE BELGIANS:

Mark EYSKENS, Minister for Foreign Affairs;

Philippe MAYSTADT, Minister for Finance;

HER MAJESTY THE QUEEN OF DENMARK:

Uffe ELLEMNA-JENSEN, Minister for Foreign Affairs;

Anders FOGH RASMUSSEN, Minister for Economic Affairs;

THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY:

Hans-Dietrich GENSCHER, Federal Minister for Foreign Affairs;

Theodor WAIGEL, Federal Minister for Finance;

THE PRESIDENT OF THE HELLENIC REPUBLIC:

Antonios SAMARAS, Minister for Foreign Affairs;

Efthymios CHRISTODOULOU, Minister for Economic Affairs;

HIS MAJESTY THE KING OF SPAIN:

Francisco FERNANDEZ ORDONEZ, Minister for Foreign Affairs;

Carlos SOLCHAGA CATALAN, Minister for Economic Affairs and

Finance;

THE PRESIDENT OF THE FRENCH REPUBLIC:

Rolan DUMAS, Minister for Foreign Affairs;

Peirre BEREGOVY, Minister for Economic and Financial Affairs and the

Budget;

THE PRESIDENT OF IRELAND:

Gerard COLLINS, Minister for Foreign Affairs;

Berite AHERN, Minister for Finance;

THE PRESIDENT OF THE ITALIAN REPUBLIC,

Gianni DE MICHELIS, Minister for Foreign Affairs;

Guido CARLI, Minister for the Treasury;

HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG:

Jaques F. POOS, Deputy Prime Minister, Minister for Foreign Affairs;

Jean-Claude JUNCKER, Minister for FINANCE;

HER MAJESTY THE QUEEN OF THE NETHERLANDS:

Hans van den BROEK, Minister for Foreign Affairs;

Willem KOK, Minister for Finance;

THE PRESIDENT OF THE PORTUGUESE REPUBLIC:

Joao de DEUS PINHERO, Minister for Foreign Affairs;

Jorge BRAG de MACEDO, Minister for Finance;

HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT

BRITAIN AND NORTHERN IRELAND:

The Rt. Hon. Douglas HURD, Secretary of State for Foreign and

Commonwealth Affairs;

The Hon. Francis MAUDE, Financial Secretary to the Treasury;

WHO, having exchanged their full powers, found in good and due form,

have agreed as follows:

TITLE1

COMMON PROVISIONS

ARTICLE A

By this Treaty, the High Contracting Parties establish among

themselves a European Union, hereinafter called "the Union".

This Treaty marks a new stage in the process of creating an ever

closer union among the peoples of Europe, in which decisions are

taken as closely as possible to the citizen.

The Union shall be founded on the European Communities,

supplemented by the policies and forms of cooperation established by

this Treaty. Its task shall be to organize, in a manner demonstrating

consistency and solidarity, relations between the Member States and

between their peoples.

ARTICLE B

The Union shall set itself the following objectives:

- to promote economic and social progress which is balanced and

sustainable, in particular through the creation of an area without

internal frontiers, through the strengthening of economic and social

cohesion and through the establishment of economic and monetary

union, ultimately including a single currency in accordance with the

provisions of this Treaty;

- to assert its identity on the international scene, in particular through

the implementation of a common foreign and security policy including

the eventual framing of a common defence policy, which might in time

lead to a common defence;

- to strengthen the protection of the rights and interests of the

nationals of its Member States through the introduction of a citizenship

of the Union;

- to develop close cooperation on justice and home affairs;

- to maintain in full the "acquis communautaire" and build on it with a

view to considering, through the procedure referred to in Article N(2), to

what extent the policies and forms of cooperation introduced by this

Treaty may need to be revised with the aim of ensuring the

effectiveness of the mechanisms and the institutions of the

Community.

The objectives of the Union shall be achieved as provided in this

Treaty and in accordance with the condition and the timetable set out

therein while respecting the principle of subsidiarity as defined in

Article 3b of the Treaty establishing the European Community.

ARTICLE C

The Union shall be served by a single institutional framework which

shall ensure the consistency and the continuity of the activities carried

out in order to attain its objectives while respecting and building upon

the "acquis communautaire".

The Union shall in particular ensure the consistency of its external

activities as a whole in the context of its external relations, security,

economic and development policies. The Council and the Commission

shall be responsible for ensuring such consistency. They shall ensure

the implementation of these policies, each in accordance with its

respective powers.

ARTICLE D

The European Council shall provide the Union with the necessary

impetus for its development and shall define the general political

guidelines thereof.

The European Council shall bring together the Heads of State or of

Government of the Member States and the President of the

Commission. They shall be assisted by the Ministers for Foreign

Affairs of the Member States and by a Member of the Commission. The

European Council shall meet at least twice a year, under the

chairmanship of the Head of State or of Government of the Member

State which holds the Presidency of the Council.

The European Council shall submit to the European Parliament a

report after each of its meetings and a yearly written report on the

progress achieved by the Union.

ARTICLE E

The European Parliament, the Council, the Commission and the Court

of Justice shall exercise their powers under the conditions and for the

purposes provided for, on the one hand, by the provisions of the

Treaties establishing the European Communities and of the

subsequent Treaties and Acts modifying and supplementing them and,

on the other hand, by the other provisions of this Treaty.

ARTICLE F

1. The Union shall respect the national identities of its Member States,

whose systems of government are founded on the principles of

democracy.

2. The Union shall respect fundamental rights, as guaranteed by the

European Convention for the Protection of Human Rights and

Fundamental Freedoms signed in Rome on 4 November 1950 and as

they result from the constitutional traditions common to the Member

States, as general principles of Community law.

3. The Union shall provide itself with the means necessary to attain its

objectives and carry through its policies.

TITLE2

PROVISIONS AMENDING THE TREATY ESTABLISHING THE

EUROPEAN ECONOMIC COMMUNITY WITH A VIEW TO ESTABLISHING

THE EUROPEAN COMMUNITY

ARTICLE G

The Treaty establishing the European Economic Community shall be

amended in accordance with the provisions of this Article, in order to

establish a European Community.

A. Throughout the Treaty:

1) The term "European Economic Community" shall be replaced by the

term "European Community".

B. In Part One "Principles":

2) Article 2 shall be replaced by the following:

"ARTICLE 2

The Community shall have as its task, by establishing a common

market and an economic and monetary union and by implementing the

common policies or activities referred to in Articles 3 and 3a, to

promote throughout the Community a harmonious and balanced

development of economic activities, sustainable and non-inflationary

growth respecting the environment, a high degree of convergence of

economic performance, a high level of employment and of social

protection, the raising of the standard of living and quality of life, and

economic and social cohesion and solidarity among Member States.'

3) Article 3 shall be replaced by the following:

"ARTICLE 3

For the purposes set out in Article 2, the activities of the Community

shall include, as provided in this Treaty and in accordance with the

timetable set out therein:

(a) the elimination, as between Member States, of customs duties and

quantiative restrictions on the import and export of goods, and of all

other measures having equivalent effect;

(b) a common commercial policy;

(c) an internal market characterized by the abolition, as between

Member States of obstacles to the free movement of goods, persons,

services and capital;

(d) measures concerning the entry and movement of persons in the

internal market as provided for in Article l00c;

(e) a common policy in the sphere of agriculture and fisheries;

(f) a common policy in the sphere of transport;

(g) a system ensuring that competition in the internal market is not

distorted;

(h) the approximation of the laws of Member States to the extent

required for the functioning of the common market;

(i) a policy in the social sphere comprising a European Social Fund;

(j) the strengthening of economic and social cohesion;

(k) a policy in the sphere of the environment;

(l) the strengthening of the competitiveness of Community industry;

(m) the pomotion of research and technological development;

(n) encouragement for the establishment and development of trans-

European networks;

(o) a contribution to the attainment of a high level of health protection;

(p) a contribution to education and training of quality and to the

flowering of the cultures of the Member States;

(q) a policy in the sphere of development co-operation;

(r) the association of the overseas countries and territories in order to

increase trade and promote jointly economic and social development;

(s) a contribution to the strengthening of consumer protection;

(t) measures in the spheres of energy, civil protection and tourism."

4) The following Article shall be inserted:

"ARTICLE 3a

1. For the purposes set out in Article 2, the activities of the Member

States and the Community shall include, as provided in this Treaty

and in accordance with the timetable set out therein, the adoption of an

economic policy which is based on the close co-ordination of Member

States' economic policies, on the internal market and on the definition

of common objectives, and conducted in accordance with the principle

of an open market economy with free competition.

2. Concurrently with the foregoing, and as provided in this Treaty and

in accordance with the timetable and the procedures set out therein,

these activities shall include the irrevocable fixing of exchange rates

leading to the introduction of a single currency, the ECU, and the

definition and conduct of a single monetary policy and exchange rate

policy the primary objective of both of which shall be to maintain price

stability and, without prejudice to this objective, to support the general

economic policies in the Community, in accordance with the principle

of an open market economy with free competition.

3. These activities of the Member States and the Community shall

entail compliance with the following guiding principles: stable prices,

sound public finances and monetary conditions and a sustainable

balance of payments."

5) The following Article shall be inserted:

"ARTICLE 3b

The Community shall act within the limit of the powers conferred upon

it by this Treaty and of the objectives assigned to it therein.

In areas which do not fall within its exclusive competence, the

Community shall take action, in accordance with the principle of

subsidiarity, only if and in so far as the objectives of the proposed

action cannot be sufficiently achieved by the Member States and can

therefore, by reason of the scale or effects of the proposed action, be

better achieved by the Community.

Any action by the Community shall not go beyond what is necessary to

achieve the objectives of this Treaty."

6) Article 4 shall be replaced by the following:

"ARTICLE 4

1. The tasks entrusted to the Community shall be carried out by the

following institutions:

- a EUROPEAN Parliament,

- a COUNCIL,

- a COMMISSION,

- a COURT OF JUSTICE,

- a COURT OF AUDITORS.

Each institution shall act within the limits of the powers conferred upon

it by this Treaty.

2. The Council and the Commission shall be assisted by an Economic

and Social Committee and a Committee of the Regions acting in an

advisory capacity."

7) The following Articles shall be inserted:

"ARTICLE 4a

A European System of Central Banks (hereinafter referred to as

"ESCB") and a European Central Bank (hereinafter referred to as

"ECB") shall be established in accordance with the procedures laid

down in this Treaty; they shall act within the limits of the powers

conferred upon them by this Treaty and by the Statute of the ESCB and

of the ECB (hereinafter referred to as "Statute of the ESCB") annexed

thereto.

ARTICLE 4b

A European Investment Bank is hereby established, which shall act

within the limit of the powers conferred upon it by this Treaty and the

Statute annexed thereto."

8) Article 6 shall be deleted and Article 7 shall become Article

6. Its second paragraph shall be replaced by the following:

"The Council, acting in accordance with the procedure referred to in

Article 189c, may adopt rules designed to prohibit such

discrimination."

9) Articles 8, 8a, 8b and 8c shall become respectively Article 7, 7a, 7b

and 7c.

C. The following Part shall be inserted:

"PART TWO

CITIZENSHIP OF THE UNION

ARTICLE 8

1. Citizenship of the Union is hereby established.

Every person holding the nationality of a Member State shall be a

citizen of the Union.

2. Citizens of the Union shall enjoy the rights conferred by this Treaty

and shall be subject to the duties imposed thereby.

ARTICLE 8a

1. Every citizen of the Union shall have the right to move and reside

freely within the territory of the Member States, subject to the

limitations and conditions laid down in this Treaty and by the

measures adopted to give it effect.

2. The Council may adopt provisions with a view to facilitating the

exercise of the rights referred to in paragraph 1; save as otherwise

provided in this Treaty, the Council shall act unanimously on a

proposal from the Commission after obtaining the assent of the

European Parliament.

ARTICLE 8b

1. Every citizen of the Union residing in a Member State of which he is

not a national shall have the right to vote and to stand as a candidate

at municipal elections in the Member State in which he resides, under

the same conditions as nationals of that State. This right shall be

exercised subject to detailed arrangements to be adopted before 31

December 1994 by the Council, acting unanimously, on a proposal

from the Commission and after consulting the European Parliament;

these arrangements may provide for derogations where warranted by

problems specific to a Member State.

2. Without prejudice to Article 1 38(3) and to the provisions adopted for

its implementation, every citizen of the Union residing in a Member

State of which he is not a national shall have the right to vote and to

stand as a candidate in elections to the European Parliament in the

Member State in which he resides, under the same conditions as

nationals of that State. This right shall be exercised subject to detailed

arrangements to be adopted before 31 December 1993 by the Council,

acting unanimously on a proposal from the Commission and after

consulting the European Parliament; these arrangements may provide

for derogations where warranted by problems specific to a Member

State.

ARTICLE 8c

Every citizen of the Union shall, in the territory of a third country in

which the Member State of which he is a national is not represented,

be entitled to protection by the diplomatic or consular authorities of

any Member State, on the same conditions as the nationals of that

State. Before 31 December 1993, Member States shall establish the

necessary rules among themselves and start the international

negotiations required to secure this protection.

ARTICLE 8d

Every citizen of the Union shall have the right to petition the European

Parliament in accordance with Article 138d.

Every citizen of the Union may apply to the Ombudsman established

in accordance with Article 138e.

ARTICLE 8e

The Commission shall report to the European Parliament, to the

Council and to the Economic and Social Committee before 31

December 1993 and then every three years on the application of the

provisions of this Part. This report shall take account of the

development of the Union.

On this basis, and 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 strengthen or to add to the rights laid down in this Part,

which it shall recommend to the Member States for adoption in

accordance with their respective constitutional requirements."

D. Parts Two and Three shall be grouped under the following Title:

"PART THREE

COMMUNITY POLICIES"

and in this Part:

10) The first sentence of Article 49 shall be replaced by the following:

"As soon as this Treaty enters into force, the Council shall, acting in

accordance with the procedure referred to in Article 189b and after

consulting the Economic and Social Committee, issue directives or

make regulations setting out the measures required to bring about, by

progressive stages, freedom of movement for workers, as defined in

Article 48, in particular."

11) Article 54(2) shall be replaced by the following:

"2. In order to implement this general programme or, in the absence of

such programme, in order to achieve a stage in attaining freedom of

establishment as regards a particular activity, the Council, acting in

accordance with the Procedure referred to in Article 189b and after

consulting the Economic and Social Committee, shall act by means of

directives."

12) Article 56(2) shall be replaced by the following:

"2. Before the end of the transitional period, the Council shall, acting

unanimously on a proposal from the Commission and after consulting

the European Parliament, issue directives for the co-ordination of the

above mentioned provisions laid down by law, regulation or

administrative action. After the end of the second stage, however, the

Council shall, acting in accordance with the procedure referred to in

Article 189b, issue directives for the co-ordination of such provisions

as, in each Member State, are a matter for regulation or administrative

action."

13) Article 57 shall be replaced by the following:

"ARTICLE 57

1. In order to make it easier for persons to take up and pursue

activities as self-employed persons, the Council shall, acting in

accordance with the procedure referred to in Article 189b, issue

directives for the mutual recognition of diplomas, certificates and other

evidence of formal qualifications.

2. For the same purpose, the Council shall, before the end of the

transitional period, issue directives for the co-ordination of the

provisions laid down by law, regulation or administrative action in

Member States concerning the taking up and pursuit of activities as

self-employed persons. The Council, acting unanimously on a

proposal from the Commission and after consulting the European

Parliament, shall decide on directives the implementation of which

involves in at least one Member State amendment of the existing

principles laid down by law governing the professions with respect to

training and conditions of access for natural persons. In other cases

the Council shall act in accordance with the procedure referred to in

Article 189b.

3. In the case of the medical and allied and pharmaceutical

professions, the progressive abolition of restrictions shall be

dependent upon co-ordination of the conditions for their exercise in the

various Member States."

14) The title of Chapter 4 shall be replaced by the following:

"CHAPTER 4

CAPITAL AND PAYMENTS"

15) The following Articles shall be inserted:

"ARTICLE 73a

As from 1 January 1994, Articles 67 to 73 shall be replaced by Articles

73b, c, d, e, f and g.

ARTICLE 73b

1. Within the framework of the provisions set out in this Chapter, all

restrictions on the movement of capital between Member States and

between Member States and third countries shall be prohibited.

2. Within the framework of the provisions set out in this Chapter, all

restrictions on payments between Member States and between

Member States and third countries shall be prohibited.

ARTICLE 73c

1. The Provisions of Article 73b shall be without prejudice to the

application to third countries, of any restrictions which exist on 31

December 1993 under national or Community law adopted in respect

of the movement of capital to or from third countries involving direct

investment - including investment in real estate - establishment, the

provision of financial services or the admission of securities to capital

markets.

2. Whilst endeavouring to achieve the objective of free movement of

capital between Member States and third countries to the greatest

extent possible and without prejudice to the other Chapters of this

Treaty, the Council may, acting by a qualified majority on a proposal

from the Commission, adopt measures on the movement of capital to

or from third countries involving direct investment - including

investment in real estate -, establishment, the provision of financial

services or the admission of securities to capital markets. Unanimity

shall be required for measures under this paragraph which constitute

a step back in Community law as regards the liberalization of the

movement of capital to or from third countries.

ARTICLE 73d

1. The provisions of Article 73b shall be without prejudice to the right

of Member States:

(a) to apply the relevant provision of their tax law which distinguish

between tax-payers who are not in the same situation with regard to

their place of residence or with regard to the place where their capital

is invested;

(b) to take all requisite measures to prevent infringement of national

law and regulations, in particular in the field taxation and the

prudential supervision of financial institutions, or to lay down

procedures for the declaration of capital movements for purposes of

administrative or statistical information, or to take measures which are

justified on grounds of public policy or public security.

2. The provisions of this Chapter shall be without prejudice to the

applicability of restrictions on the right of establishment which are

compatible with this Treaty.

3. The measures and procedures referred to in paragraphs 1 and 2

shall not constitute a means of arbitrary discrimination or a disguised

restriction on the free movement of capital and payments as defined in

Article 73b.

ARTICLE 73e

By way of derogation from Article 73b, Member States which, on 31

December 1993, enjoy a derogation on the basis of existing

Community law, shall be entitled to maintain, until 31 December 1995

at the latest, restrictions on movement of capital authorized by such

derogations as exist on that date.

ARTICLE 73f

Where, in exceptional circumstances, movement of capital to or from

third countries cause, or threaten to cause, serious difficulties for the

operation of economic and monetary union, the Council, acting by a

qualified majority on a proposal from the Commission and after

consulting the ECB, may take safeguard measures with regard to third

countries for a period not exceeding six months if such measures are

strictly necessary.

ARTICLE 73g

1. If, in the cases envisaged in Article 228a, action by the Community

is deemed necessary, the Council may, in accordance with the

procedure provided for in Article 228a, take the necessary urgent

measures on the movement of capital and on payments as regards the

third countries concerned.

2. Without prejudice to Article 224 and as long as the Council has not

taken measures pursuant to paragraph 1, a Member State may, for

serious political reasons and on grounds of urgency, take unilateral

measures against a third country with regard to capital movements

and payments. The Commission and the other Member States shall be

informed of such measures by the date of their entry into force at the

latest.

The Council may, acting by a qualified majority on a proposal from the

Commission, decide that the Member State concerned shall amend or

abolish such measures. The President of the Council shall inform the

European Parliament of any such decision taken by the Council.

ARTICLE 73h

Until 1 January 1994, the following provisions shall be applicable:

1) Each Member State undertakes to authorize, in the currency of the

Member State in which the creditor or the beneficiary resides, any

payment connected with the movement of goods, services or capital,

and any transfers of capital and earnings, to the extent that the

movement of goods, services, capital and persons between Member

States has been liberalized pursuant to this Treaty.

The Member States declare their readiness to undertake the

liberalization of payments beyond the extent provided in the preceding

subparagraph, in so far as their economic situation in general and the

state of their balance of payment in particular so permit.

2) In so far as movement of goods, services and capital are limited

only by restrictions on payments connected therewith, these

restrictions shall be progressively abolished by applying, mutatis

mutandis, the provisions of this Chapter and the Chapters relating to

the abolition of qualitative restrictions and to the liberalization of

services.

3) Member States undertake not to introduce between themselves any

new restrictions on transfers connected with the invisible transactions

listed in Annex III to this Treaty.

The progressive abolition of existing restrictions shall be effected in

accordance with the provisions of Articles 63 to 65, in so far as such

abolition is not governed by the provisions contained in paragraphs 1

and 2 or by the other provisions of this Chapter.

4) If need be, Member States shall consult each other on the measures

to be taken to enable the payment and transfers mentioned in this

Article to be effected; such measures shall not prejudice the

attainment of the objectives set out in this Treaty."

16) Article 75 shall be replaced by the following:

"ARTICLE 75

1. For the purpose of implementing Article 74, and taking into account

the distinctive features of transport, the Council shall, acting in

accordance with the procedure referred to in Article 189c and after

consulting the Economic and Social Committee, lay down:

(a) common rules applicable to international transport to or from the

territory of a Member State or passing across the territory of one or

more Member States;

(b) the conditions under which non-resident carriers may operate

transport services within a Member State;

(c) measures to improve transport safety;

(d) any other appropriate provisions.

2. The Provisions referred to in (a) and (b) of paragraph 1 shall be laid

down during the transitional period.

3. By way of derogation from the procedure provided for in paragraph

1, where the application of provisions concerning the principles of the

regulatory system for transport would be liable to have a serious

effect on the standard of living and on employment in certain areas

and on the operation of transport facilities, they shall be laid down by

the Council acting unanimously on a proposal from the Commission,

after consulting the European Parliament and the Economic and Social

Committee. In so doing, the Council shall take into account the need

for adaptation to the economic development which will result from

establishing the common market."

17) The title of Title I in Part Three shall be replaced by, the following:

"TITLE V

Common rules on competition and approximation of laws"

18) In Article 92(3):

- the following point shall be inserted:

"(d) aid to promote culture and heritage conservation where such aid

does not affect trading conditions and competition in the Community to

an extent that is contrary to the common interest."

- the present point (d) shall become (e).

19) Article 94 shall be replaced by the following:

"ARTICLE 94

The Council, acting by a qualified majority on a proposal from the

Commission and after consulting the European Parliament, may make

any appropriate regulations for the application of Articles 92 and 93

and may in particular determine the conditions in which Article 93(3)

shall apply and the categories of aid exempted from this procedure."

20) Article 99 shall be replaced by the following:

"ARTICLE 99

The Council shall, acting unanimously on a proposal from the

Commission and after consulting the European Parliament and the

Economic and Social Committee, adopt provisions for the

harmonization of legislation concerning turnover taxes, excise duties

and other forms of indirect taxation to the extent that such

harmonization is necessary to ensure the establishment and the

functioning of the internal market within the time limit laid down in

Article 7a."

21) Article 100 shall be replaced by the following:

"ARTICLE 100

The Council shall, acting unanimously on a proposal from the

Commission and after consulting the European Parliament and the

Economic and Social Committee, issue directives for the

approximation of such laws, regulations or administrative provisions

of the Member States as directly affects the establishment or

functioning of the common market."

22) Article l00a(1) shall be replaced by the following:

"1. By way of derogation from Article 100 and save where otherwise

provided in this Treaty, the following provisions shall apply for the

achievement of the objectives set out in Article 7a. The Council shall,

acting in accordance with the procedure referred to in Article 189b and

after consulting the Economic and Social Committee, adopt the

measures for the approximation of the provisions laid down by law,

regulation or administrative action in Member States which have as

their object the establishment and functioning of the internal market."

23) The following Article shall be inserted:

"ARTICLE l00c

1. The Council, acting unanimously on a proposal from the

Commission and after consulting the European Parliament, shall

determine the third countries whose nationals must be in possession

of a visa when crossing the external borders of the Member States.

2. However, in the event of an emergency situation in a third country

posing a threat of a sudden inflow of nationals from that country into

the Community, the Council, acting by a qualified majority on a

recommendation from the Commission, may introduce, for a period not

exceeding six months, a visa requirement for nationals from the

country in question. The visa requirement established under this

paragraph may be extended in accordance with the procedure referred

to in paragraph 1.

3. From 1 January 1996, the Council shall adopt the decisions referred

to in paragraph 1 by a qualified majority. The Council shall, before that

date, acting by a qualified majority on a proposal from the

Commission and after consulting the European Parliament, adopt

measures relating to a uniform format for visas.

4. In the areas referred to in this Article, the Commission shall

examine any request made by a Member State that it submit a

proposal to the Council.

5. This Article shall be without prejudice to the exercise of the

responsibilities incumbent upon the Member States with regard to the

maintenance of law and order and the safeguarding of internal

security.

6. This Article shall apply to other areas if so decided pursuant to

Article K.9 of the provisions of the Treaty on European Union which

relate to co-operation in the fields of justice and home affairs, subject

to the voting conditions determined at the same time.

7. The provisions of the conventions in force between the Member

States governing areas covered by this Article shall remain in force

until their content has been replaced by directives or measures

adopted pursuant to this Article."

24) The following Article shall be inserted:

"ARTICLE l00d

The Co-ordinating Committee consisting of senior officials set up by

Article K.4 of the Treaty on European Union shall contribute, without

prejudice to the provisions of Article 151, to the preparation of the

proceedings of the Council in the fields referred to in Article l00c."

25) Title II, Chapters 1, 2 and 3 in Part Three shall be replaced by the

following:

"TITLE VI

ECONOMIC AND MONETARY POLICY

CHAPTER 1

ECONOMIC POLICY

ARTICLE 102a

Member States shall conduct their economic policies with a view to

contributing to the achievement of the objectives of the Community, as

defined in Article 2, and in the context of the broad guidelines referred

to in Article 103(2). The Member States and the Community shall act in

accordance with the principle of an open market economy with free

competition, favouring an efficient allocation of resources, and in

compliance with the principle set out in Article 3a.

ARTICLE 103

1. Member States shall regard their economic policies as a matter of

common concern and shall co-ordinate them within the Council, in

accordance with the provisions of Article 102a.

2. The Council shall, acting by a qualified majority on a

recommendation from the Commission, formulate a draft for the broad

guidelines of the economic policies of the Member States and of the

Community, and shall report its findings to the European Council.

The European Council shall, acting on the basis of the report from the

Council, discuss a conclusion on the broad guidelines of the economic

policies of the Member States and of the Community.

On the basis of this conclusion, the Council shall, acting by a qualified

majority, adopt a recommendation setting out these broad guidelines.

The Council shall inform the European Parliament of its

recommendation.

3. In order to ensure closer co-ordination of economic policies and

sustained convergence of the economic performances of the Member

States, the Council shall, on the basis of reports submitted by the

Commission, monitor economic development in each of the Member

States and in the Community as well as the consistency of economic

policies with the broad guidelines referred to in paragraph 2, and

regularly carry out an overall assessment.

For the purpose of this multilateral surveillance, Member States shall

forward information to the Commission about important measures

taken by them in the field of their economic policy and other

information as they deem necessary.

4. Where it is established, under the procedure referred in paragraph

3, that the economic policies of a Member State are not consistent with

the broad guidelines referred to in paragraph 2 or that they risk

jeopardizing the proper functioning of economic and monetary union,

the Council may, acting by a qualified majority on a recommendation

from the Commission, make the necessary recommendations to the

Member State concerned. The Council may, acting by a qualified

majority on a proposal from the Commission, decide to make its

recommendations public.

The President of the Council and the Commission shall report to the

European Parliament on the result of multilateral surveillance. The

President of the Council may be invited to appear before the

competent Committee of the European Parliament if the Council has

made its recommendations public.

5. The Council, acting in accordance with the procedure referred to in

Article 189c, may adopt detailed rules for the multilateral surveillance

procedure referred to in paragraphs 3 and 4 of this Article.

ARTICLE 103a

1. Without prejudice to any other procedures provided for in this

Treaty, the Council may, acting unanimously on a proposal from the

Commission, decide upon the measures appropriate to the economic

situation, in particular if severe difficulties arise in the supply of

certain products.

2. Where a Member State is in difficulties or is seriously threatened

with severe difficulties caused by exceptional occurrences beyond its

control, the Council may, acting unanimously on a proposal from the

Commission, grant, under certain conditions, Community financial

assistance to the Member State concerned. Where the severe

difficulties are caused by natural disasters, the Council shall act by

qualified majority. The President of the Council shall inform the

European Parliament of the decision taken.

ARTICLE 104

1. Overdraft facilities or any other type of credit facility with the ECB or

with the central banks of the Member States (hereinafter referred to as

"national central banks") in favour of Community institutions or bodies,

central governments, regional, local or other public authorities, other

bodies governed by public law, or public undertakings of Member

States shall be prohibited, as shall the purchase directly from them by

the ECB or national central banks of debt instruments.

2. Paragraph 1 shall not apply to publicly-owned credit institutions

which, in the context of the supply of reserves by central banks, shall

be given the same treatment by national central banks and the ECB as

private credit institutions.

ARTICLE 104a

1. Any measure, not based on prudential considerations, establishing

privileged access by Community institutions or bodies, central

governments, regional, local or other public authorities, other bodies

governed by public law, or public undertakings of Member States to

financial institutions shall be prohibited.

2. The Council, acting in accordance with the procedure referred to in

Article 189c, shall, before 1 January 1994, specify definitions for the

application of the prohibition referred to in paragraph 1.

ARTICLE 104b

1. The Community shall not be liable for or assume the commitments

of central governments, regional, local or other public authorities,

other bodies governed by public law, or public undertakings of any

Member State, without prejudice to mutual financial guarantees for the

joint execution of a specific project. A Member State shall not be liable

for or assume the commitment of central governments, regional, local

or other public authorities, other bodies governed by public law or

public undertakings of another Member State, without prejudice to

mutual financial guarantees for the joint execution of a specific project.

2. If necessary, the Council, acting in accordance with the procedure

referred to in Article 189c, may specify definitions for the application of

the prohibitions referred to in Article 104 and in this Article.

ARTICLE 104c

1. Member States shall avoid excessive governmental deficits.

2. The Commission shall monitor the development of the budgetary

situation and of the stock of government debt in the Member States

with a view to identifying gross errors. In particular it shall examine

compliance with budgetary discipline on the basis of the following two

criteria:

(a) whether the ratio of the planned or actual government deficit to

gross domestic product exceeds a reference value, unless

- either the ratio has declined substantially and continuously and

reached a level that comes close to the reference value;

- or, alternatively, the excess over the reference value is only

exceptional and temporary and the ratio remains close to the

reference value;

(b) whether the ratio of government debt to gross domestic product

exceeds a reference value, unless the ratio is sufficiently diminishing

and approaching the reference value at a satisfactory pace.

The reference values are specified in the Protocol on the excessive

deficit procedure annexed to this Treaty.

3. If a Member State does not fulfil the requirements under one or both

of these criteria, the Commission shall prepare a report. The report of

the Commission shall also take into account whether the government

deficit exceeds government investment expenditure and take into

account all other relevant factors, including the medium term economic

and budgetary position of the Member State.

The Commission may also prepare a report if, notwithstanding the

fulfillment of the requirement under the criteria, it is of the opinion that

there is a risk of an excessive deficit in a Member State.

4. The Committee provided for in Article 109c shall formulate an

opinion on the report of the Commission.

5. If the Commission considers that an excessive deficit in a Member

State exists or may occur, the Commission shall address an opinion

to the Council.

6. The Council shall, acting by a qualified majority on a

recommendation from the Commission, and having considered any

observations which the Member State concerned may wish to make,

decide after an overall assessment whether an excessive deficit

exists.

7. Where the existence of an excessive deficit is decided according to

paragraph 6, the Council shall make recommendations to the Member

State concerned with a view to bringing that situation to an end within

a given period. Subject to the provisions of paragraph 8, these

recommendations shall not be made public.

8. Where it establishes that there has been no effective action in

response to its recommendations within the period laid down, the

Council may make its recommendations public.

9. If a Member State persists in failing to put into practice the

recommendations of the Council, the Council may decide to give notice

to the Member State to take, within a specified time limit, measures for

the deficit reduction which is judged necessary by the Council in order

to remedy the situation.

In such a case, the Council may request the Member State concerned

to submit reports in accordance with a specific timetable in order to

examine the adjustment efforts of that Member State.

10. The right to bring actions provided for in Articles 169 and 170 may

not be exercised within the framework of paragraphs 1 to 9 of this

Article.

11. As long as a Member State fails to comply with a decision taken in

accordance with paragraph 9, the Council may decide to apply the

following measures:

- to require the Member State concerned to publish additional

information, to be specified by the Council, before issuing bonds and

securities;

- to invite the European Investment Bank to reconsider its lending

policy towards the Member State concerned;

- to require the Member State concerned to make a non-interest-

bearing deposit of an appropriate size with the Community until the

excessive deficit has, in the view of the Council, been corrected;

- to impose fines of an appropriate size.

The President of the Council shall inform the European Parliament of

the decisions taken.

12. The Council shall abrogate some or all of its decisions referred to

in paragraphs 6 to 9 and 11 to the extent that the excessive deficit in

the Member State concerned has, in the view

of the Council, been corrected. If the Council has previously made

public recommendations, it shall, as soon as the decision under

paragraph 8 has been abrogated, make a public statement that an

excessive deficit in the Member State concerned no longer exists.

13. When taking the decisions referred to in paragraphs 7 to 9, 11 and

12, the Council shall act on a recommendation from the Commission

by a majority of two thirds of the votes of its members weighted in

accordance with Article 148(2), excluding the votes of the

representative of the Member State concerned.

14. Further provisions relating to the implementation of the procedure

described in this Article are set out in the Protocol on the excessive

deficit procedure annexed to this Treaty.

The Council shall, acting unanimously on a proposal from the

Commission and after consulting the European Parliament and the

ECB, adopt the appropriate provisions which shall then replace the

said Protocol.

Subject to the other provisions of this paragraph the Council shall,

before 1 January 1994, acting by a qualified majority on a proposal

from the Commission and after consulting the European Parliament,

lay down detailed rules and definitions for the application of the

provisions of the said Protocol.

CHAPTER 2

MONETARY POLICY

ARTICLE 105

1. The primary objective of the ESCB shall be to maintain price

stability. Without prejudice to the objective of price stabilty, the ESCB

shall support the general economic policies in the Community with a

view to contributing to the achievement of the objectives of the

Community as laid down in Article 2. The ESCB shall act in accordance

with the principle of an open market economy with free competition,

favouring an efficient allocation of resources, and in compliance with

the principles set out in Article 3a.

2. The basic tasks to be carried out through the ESCB shall be:

- to define and implement the monetary policy of the Community;

- to conduct foreign exchange operations consistent with the

provisions of Article 109;

- to hold and manage the official foreign reserves of the Member

States;

- to promote the smooth operation of payment systems.

3. The third indent of paragraph 2 shall be without prejudice to the

holding and management by the government of Member States of

foreign exchange working balances.

4. The ECB shall be consulted:

- on any proposed Community act in its fields of competence;

- by national authorities regarding any draft legislative provision in its

fields of competence, but within the limits and under the conditions set

out by the Council in accordances with the procedure laid down in

Article 106(6).

The ECB may submit opinions to the appropriate Community

institutions or bodies or to national authorities on matters in its fields

of competence.

5. The ESCB shall contribute to the smooth conduct of policies

pursued by the competent authorities relating to the prudential

supervision of credit institutions and the stability of the financial

system.

6. The Council may, acting unanimously on a proposal from the

Commission and after consulting the ECB and after receiving the

assent of the European Parliament, confer upon the ECB specific tasks

concerning policies relating to the prudential supervision of credit

institutions and other financial institutions with the exception of

insurance undertakings.

ARTICLE 105a

1. The ECB shall have the exclusive right to authorize the issue of

bank note within the Community. The ECB and the national central

banks may issue such notes. The bank notes issued by the ECB and

the national central banks shall be the only such notes to have the

status of legal tender within the Community.

2. The Member States may issue coins subject to approval by the ECB

of the volume of the issue. The Council may, acting in accordance with

the procedure referred to in Article 189c and after consulting the ECB,

adopt measures to harmonize the denominations and technical

specifications of all coins intended for circulation to the extent

necessary to permit their smooth circulation within the Community.

ARTICLE 106

1. The ESCB shall be composed of the ECB and of the national central

banks.

2. The ECB shall have legal personality.

3. The ESCB shall be governed by the decision-making bodies of the

ECB which shall be the Governing Council and the Executive Board.

4. The Statute of the ESCB is laid down in a Protocol annexed to this

Treaty.

5. Articles 5.1, 5.2, 5.3, 17, 18, 19.1, 22, 23, 24, 26, 32.2, 32.3. 32.4,

32.6, 33.l(a) and 36 of the Statute of the ESCB may be amended by the

Council, acting either by a qualified majority on a recommendation

from the ECB and after consulting the Commission or unanimously on

a proposal from the Commission and after consulting the ECB. In

either case, the assent of the European Parliament shall be required.

6. The Council, acting by a qualified majority either on a proposal from

the Commission and after consulting the European Parliament and the

ECB or on a recommendation from the ECB and after consulting the

European Parliament and the Commission, shall adopt the provisions

referred to in Articles 4, 5.4, 19.2, 20, 28-1, 29.2, 30.4 and 34.3 of the

Statute of the ESCB.

ARTICLE 107

When exercising the powers and carrying out the tasks and duties

conferred upon them by this Treaty and the Statute of the ESCB,

neither the ECB, nor a national central bank, nor any member of their

decision-making bodies shall seek or take instructions from

Community institutions or bodies, from any government of a Member

State or from any other body. The Community institutions and bodies

and the governments of the Member States undertake to respect this

principle and not to seek to influence the members of the decision-

making bodies of the ECB or of the national central banks in the

performance of their tasks.

ARTICLE 108

Each Member State shall ensure, at the latest at the date of the

establishment of the ESCB, that its national legislation including the

statutes of its national central bank is compatible with this Treaty and

the Statute of the ESCB.

ARTICLE 108a

1. In order to carry out the tasks entrusted to the ESCB, the ECB shall,

in accordance with the provisions of this Treaty and under the

conditions laid down in the Statute of the ESCB:

- make regulations to the extent necessary to implement the tasks

defined in Article 3.1, first indent, Articles 19.1, 22 and 25.2 of the

Statute of the ESCB and in cases which shall be laid down in the acts

of the Council referred to in Article 106(6);

- take decisions necessary for carrying out the tasks entrusted to the

ESCB under this Treaty and the Statute of the ESCB;

- make recommendations and deliver opinions.

2. A regulation shall have general application. It shall be binding in its

entirety and directly applicable in all Member States.

Recommendations and opinions shall have no binding force.

A decision shall be binding in its entirety upon those to whom it is

addressed.

Articles 190 to 192 shall apply to regulations and decisions adopted

by the ECB.

The ECB may decide to publish its decisions, recommendations and

opinions.

3. Within the limits and under the conditions adopted by the Council

under the procedure laid down in Article 106(6), the ECB shall be

entitled to impose fines or periodic penalty payments on undertakings

for failure to comply with obligations under its regulations and

decisions.

ARTICLE 109

1. By way of derogation from Article 228, the Council may, acting

unanimously on a recommendation from the ECB or from the

Commission, and after consulting the ECB in an endeavour to reach a

consensus consistent with the objective of price stability, after

consulting the European Parliament, in accordance with the procedure

in paragraph 3 for determining the arrangements, conclude formal

agreements on an exchange rate system for the ECU in relation to

non-Community currencies. The Council may, acting by a qualified

majority on a recommendation from the ECB or from the Commission,

and after consulting the ECB in an endeavour to reach a consensus

consistent with the objective of price stability, adopt, adjust or

abandon the central rates of the ECU within the exchange rate system.

The President of the Council shall inform the European Parliament of

the adoption, adjustment or abandonment of the ECU central rates.

2. In the absence of an exchange rate system in relation to one or

more non-Community currencies as referred to in paragraph 1, the

Council, acting by a qualified majority either on a recommendation

from the Commission and after consulting the ECB or on a

recommendation from the ECB, may formulate general orientations for

exchange-rate policy in relation to these currencies. These general

orientations shall be without prejudice to the primary objective of the

ESCB to maintain price stability.

3. By way of derogation from Article 228, where agreements

concerning monetary or foreign exchange regime matters need to be

negotiated by the Community with one or more States or international

organizations, the Council, acting by a qualified majority on a

recommendation from the Commission and after consulting the ECB,

shall decide the arrangements for the negotiation and for the

conclusion of such agreements. These arrangements shall ensure that

the Community expresses a single position. The Commission shall be

fully associated with the negotiations.

Agreements concluded in accordance with this paragraph shall be

binding on the institutions of the Community, on the ECB and on

Member States.

4. Subject to paragraph 1, the Council shall, on a proposal from the

Commission and after consulting the ECB, acting by a qualified

majority decide on the position of the Community at international level

as regards issues of particular relevance to economic and monetary

union and, acting unanimously, decide its representation in

compliance with the allocation of powers laid down in Articles 103 and

105.

5. Without prejudice to Community competence and Community

agreements as regards economic and monetary union, Member States

may negotiate in international bodies and conclude international

agreements.

CHAPTER 3

INSTITUTIONAL PROVISION

ARTICLE 109a

1. The Governing Council of the ECB shall comprise the members of

the Executive Board of the ECB and the Governors of the national

central banks.

2 (a) The Executive Board shall comprise the President, the Vice-

President and four other members.

(b) The President, the Vice-President and the other members of the

Executive Board shall be appointed from among the persons of

recognized standing and professional experience in monetary or

banking matters by common accord of the Governments of the Member

States at the level of Heads of State or of Government, on a

recommendation from the Council, after it has consulted the European

Parliament and the Governing Council of the ECB.

Their term of office shall be eight years and shall not be renewable.

Only nationals of Member States may be members of the Executive

Board.

ARTICLE 109b

1. The President of the Council and a member of the Commission may

participate, without having the right to vote, in meetings of the

Governing Council of the ECB.

The President of the Council may submit a motion for deliberation to

the Governing Council of the ECB.

2. The President of the ECB shall be invited to participate in Council

meetings when the Council is discussing matters relating to the

objectives and tasks of the ESCB.

3. The ECB shall address an annual report on the activities of the

ESCB and on the monetary policy of both the previous and current

year to the European Parliament, the Council and the Commission, and

also to the European Council. The President of the ECB shall present

this report to the Council and to the European Parliament, which may

hold a general debate on that basis.

The President of the ECB and the other members of the Executive

Board may, at the request of the European Parliament or on their own

initiative, be heard by the competent Committees of the European

Parliament.

ARTICLE 109c

1. In order to promote co-ordination of the policies of Member States to

the full extent needed for the functioning of the internal market, a

Monetary Committee with advisory status is hereby set up.

It shall have the following tasks:

- to keep under review the monetary and financial situation of the

Member States and of the Community and the general payments

system of the Member States and to report regularly thereon to the

Council and to the Commission;

- to deliver opinions at the request of the Council or of the

Commission, or on its own initiative for submission to those

institutions;

- without prejudice to Article 151, to contribute to the preparation of the

work of the Council referred to in Articles 73f, 73g, 103(2), (3), (4) and

(5), 103a, 104a, 104b, 104c, 109e(2), 109f(6), 109h, 109i, 109j(2) and

109k(1);

- to examine, at least once a year, the situation regarding the

movement of capital and the freedom of payments, as they result from

the application of this Treaty and of measures adopted by the Council;

the examination shall cover all measures relating to capital

movements and payments; the Committee shall report to the

Commission and to the Council on the outcome of this examination.

The Member States and the Commission shall each appoint two

members of the Monetary Committee.

2. At the start of the third stage, and Economic and Financial

Committee shall be set up. The Monetary Committee provided for in

paragraph 1 shall be dissolved.

The Economic and Financial Committee shall have the following tasks:

- to deliver opinions at the request of the Council or of the

Commission, or on its own initiative for submission to those

institutions;

- to keep under review the economic and financial situation of the

Member States and of the Community and to report regularly thereon

to the Council and to the Commission, in particular on financial

relations with third countries and international institutions;

- without prejudice to Article 151, to contribute to the preparation of the

work of the Council referred to in Article 73f, 73g, 103(2), (3),(4) and (5),

103a, 104a, 104b, 104c, 105(6), 105a(2), 106(5) and (6), 109, 109h,

109i(2) and (3), 109k(2), 109l(4) and (5), and to carry out other advisory

and preparatory tasks assigned to it by the Council;

- to examine, at least once a year, the situation regarding the

movement of capital and the freedom of payments, as they result from

the application of this Treaty and of measures adopted by the Council;

the examination shall cover all measures relating to capital

movements and payments; the Commission shall report to the

Commission and to the Council on the outcome of this examination.

The Member States, the Commission and the ECB shall each appoint

no more than two members of the Committee.

3. The Council shall, acting by qualified majority on a proposal from

the Commission and after consulting the ECB and the Committee

referred to in this Article, lay down detailed provisions concerning the

composition of the Economic and Financial Committee. The President

of the Council shall inform the European Parliament of such a

decision.

4. In addition to the tasks set in paragraph 2, if and as long as there

are Member States with a derogation as referred to in Articles 109k

and 109l, the Committee shall keep under review the monetary and

financial situation and the general payments system of those Member

States and report regularly thereon to the Council and to the

Commission.

ARTICLE 109d

For matters within the scope of Articles 103(4), 104c with the exception

of paragraph 14, 109, 109j, 109k and 109l(4) and (5), the Council or a

Member State may request the Commission to make a

recommendation or a proposal, as appropriate. The Commission shall

examine this request and submit its conclusions to the Council without

delay.

CHAPTER 4

TRANSITIONAL PROVISIONS

ARTICLE 109e

1. The second stage for achieving economic and monetary union shall

begin on 1 January 1994.

2. Before that date

(a) each Member State shall:

- adopt, where necessary, appropriate measures to comply with the

prohibitions laid down in article 73b, without prejudice to Article 73e,

and in Articles 104 and 104a(1);

- adopt, if necessary, with a view to permitting the assessment

provided for in subparagraph (b), multiannual programmes intended to

ensure the lasting convergence necessary for the achievement of

economic and monetary union, in particular with regard to price

stability and sound public finances;

(b) the Council shall, on the basis of a report from the Commission,

assess the progress made with regard to economic and monetary

convergence, in particular with regard to price stability and sound

public finances, and the progress made with the implementation of

Community law concerning the internal market.

3. The provision of Articles 104, 104a(1), 104b(1), and 104c with the

exception of paragraphs 1,9,11 and 14 shall apply from the beginning

of the second stage.

The provision of Articles 103a(2), 104c(1), (9) and (11), 105, 105a, 107,

109, 109a, 109b and 109c(2) and (4) shall apply from the beginning of

the third stage.

4. In the second stage, Member States shall endeavour to avoid

excessive government deficits.

5. During the second stage, each Member State shall, as appropriate,

start the process leading to the independence of its central bank, and

in accordance with Article 108.

ARTICLE 109f

1. At the start of the second stage, a European Monetary Institute

(hereinafter referred to as "EMI") shall be established and take up its

duties; it shall have legal personality and be directed and managed by

a Council, consisting of a President and the Governors of the national

central banks, one of whom shall be Vice-President.

The President shall be appointed by common accord of the

Governments of the Member States at the level of Heads of State or of

Government, on a recommendation from, as the case may be, the

Committee of Governors of the central banks of the Member States

(hereinafter referred to as "Committee of Governors") or the Council of

the EMI, and after consulting the European Parliament and the Council.

The President shall be selected from among persons of recognized

standing and professional experience in monetary or banking matters.

Only nationals of Member States may be President of the EMI. The

Council of the EMI shall appoint the Vice-President.

The Statute of the EMI is laid down in a Protocol annexed to this

Treaty.

The Committee of Governors shall be dissolved at the start of the

second stage.

2. The EMI shall:

- strengthen co-operation between the national central banks;

- strengthen the co-ordination of monetary policies of the Member

States, with the aim of ensuring price stability;

- monitor the functioning of the European Monetary System;

- hold consultations concerning issues falling within the competence of

the national central banks and affecting the stability of financial

institutions and markets;

- take over the tasks of the European Monetary Cooperation Fund,

which shall be dissolved; the modalities of dissolution are laid down

in the Statute of the EMI;

- facilitate the use of the ECU and oversee its development, including

the smooth functioning of the ECU clearing system.

3. For the preparation of the third stage, the EMI shall:

- prepare the instruments and procedures necessary for carrying out a

single monetary policy in the third stage;

- promote the harmonization, where necessary, of rules and practices

governing the collection, compilation and distribution of statistics in

the areas in the areas within its field of competence;

- prepare the rules for operations to be undertaken by the national

central banks within the framework of the ESCB;

- promote the efficiency of cross-border payments;

- supervise the technical preparation of ECU bank notes.

At the latest by 31 December 1996, the EMI shall specify the

regulatory, organizational and logistical framework necessary for the

ESCB to perform its tasks in the third stage. This framework shall be

submitted for decision to the ECB at the date of its establishment.

4. The EMI, acting by a majority of two thirds of the members of its

Council, may:

- formulate opinions or recommendations on the overall orientation of

monetary policy and exchange rate policy as well as on related

measures introduced in each Member State;

- submit opinions or recommendations to Governments and to the

Council on policies which might affect the internal or external

monetary situation in the Community and, in particular, the functioning

of the European Monetary System;

- make recommendations to the monetary authorities of the Member

States concerning the conduct of monetary policy.

5. The EMI, acting unanimously, may decided to publish its opinions

and its recommendations.

6. The EMI shall be consulted by the Council regarding any proposed

Community act within its field of competence.

Within the limits and under the conditions set out by the Council,

acting by a qualified majority on a proposal from the Commission and

after consulting the European Parliament and the EMI, the EMI shall be

consulted by the authorities of the Member States on any draft

legislative provision within its field of competence.

7. The Council may, acting unanimously on a proposal from the

Commission and after consulting the European Parliament and the

EMI, confer upon the EMI other tasks for the preparation of the third

stage.

8. Where this Treaty provides for a consultative role for the ECB,

reference to the ECB shall be read as referring to the EMI before the

establishment of the ECB. Where this Treaty provides for a

consultative role for the EMI, references to the EMI shall be read,

before 1 January 1994, as referring to the Committee of Governors.

9. During the second stage, the term "ECB" used in Articles 173, 175,

176, 177, 180 and 215 shall be read as referring to the EMI.

ARTICLE 109g

The currency composition of the ECU basket shall not be changed.

From the start of the third stage, the value of the ECU shall be

irrevocably fixed in accordance with Article 109l(4).

ARTICLE 109h

1. Where a Member State is in difficulties or is seriously threatened

with difficulties as regards its balance of payments either as a result

of a overall disequilibrium in its balance of payments, or as a result of

the type of currency at its disposal, and where such difficulties are

liable in particular to jeopardize the functioning of the common market

or the progressive implementation of the common commercial policy,

the Commission shall immediately investigate the position of the State

in question and the action which, making use of all means at its

disposal, that State has taken or may take in accordance with the

provisions of this Treaty. The Commission shall state what measures

it recommends the State concerned to take.

If the action taken by a Member States and the measures suggested

by the Commission do not prove sufficient to overcome the difficulties

which have arisen or which threaten, the Commission shall, after

consulting the Committee referred to in Article 109c, recommend to the

Council the granting of mutual assistance and appropriate methods

therefor.

The Commission shall keep the Council regularly informed of the

situation of how it is developing.

2. The Council, acting by a qualified majority, shall grant such mutual

assistance; it shall adopt directives or decisions laying down the

conditions and details of such assistance, which may take such forms

as:

(a) a concerted approach to or within any other international

organizations to which Member States may have recourse;

(b) measures needed to avoid deflection of trade where the State which

is in difficulties maintains or reintroduces quantitative restrictions

against third countries;

(c) the granting of limited credits by other Member States, subject to

their agreement.

3. If the mutual assistance recommended by the Commission is not

granted by the Council or if the mutual assistance granted and the

measures taken are insufficient, the Commission shall authorize the

State which is in difficulties to take protective measures, the

conditions and details of which the Commission shall determine.

Such authorization may be revoked and such conditions and details

may be changed by the Council acting by a qualified majority.

4. Subject to Article 109k(6), this Article shall cease to apply from the

beginning of the third stage.

ARTICLE 109i

1. Where a sudden crisis in the balance of payments occurs and a

decision within the meaning of Article 109h(2) is not immediately

taken, the Member State concerned may, as a precaution, take the

necessary protective measures. Such measures must cause the least

possible disturbance in the functioning of the common market and

must not be wider in scope than is strictly necessary to remedy the

sudden difficulties which have arisen.

2. The Commission and the other Member State shall be informed of

such protective measures not later than when they enter into force.

The Commission may recommend to the Council the granting of mutual

assistance under Article 109h.

3. After the Commission has delivered an opinion and the Committee

referred to in Article 109c has been consulted, the Council may, acting

by a qualified majority, decide that the State concerned shall amend,

suspend or abolish the protective measures referred to above.

4. Subject to Article 109k(6), this Article shall cease to apply from the

beginning of the third stage.

ARTICLE 109j

1. The Commission and the EMI shall report to the Council on the

progress made in the fulfilment by the Member States of their

obligations regarding the achievement of economic and monetary

union. These reports shall include an examination of the compatibility

between each Member State's national legislation, including the

statutes of its national central bank, and Articles 107 and 108 of this

Treaty and the Statute of the ESCB. The report shall also examine the

achievement of a high degree of sustainable convergence by

reference to the fulfilment by each Member State of the following

criteria:

- the achievement of a high degree of price stability; this will be

apparent from rate of inflation which is close to that of, at most, the

three best performing Member States in terms of price stability;

- the sustainability of the government financial position; this will be

apparent from having achieved a government budgetary position

without a deficit that is excessive as determined in accordance with

Article 104c(6);

- the observance of the normal fluctuation margins provided for by the

Exchange Rate Mechanism of the European Monetary System, for at

least two years, without devaluing against the currency of any other

Member State;

- the durability of convergence achieved by the Member State and of

its participation in the Exchange Rate Mechanism of the European

Monetary System being reflected in the long-term interest rate levels.

The four criteria mentioned in this paragraph and the relevant periods

over which they are to be respected are developed further in a

Protocol annexed to this Treaty. The reports of the Commission and

the EMI shall also take account of the development of the ECU, the

results of the integration of markets, the situation and development of

the balances of payments on current account and an examination of

the development of unit labour costs and other price indices.

2. On the basis of these reports, the Council, acting by a qualified

majority on a recommendation from the Commission, shall assess:

- for each Member State, whether it fulfils the necessary conditions for

the adoption of a single currency;

- where a majority of the Member States fulfil the necessary conditions

for the adoption of a single currency,

and recommend its findings to the Council, meeting in the composition

of the Heads of State or of Government. The European Parliament

shall be consulted and forward its opinion to the Council, meeting in

the composition of the Heads of State or of Government.

3. Taking due account of the reports referred to in paragraph 1 and the

opinion of the European Parliament referred to in paragraph 2, the

Council, meeting in the composition of Heads of State or of

Government, shall acting by a qualified majority, not later than 31

December 1996:

- decide, on the basis of the recommendations of the Council referred

to in paragraph 2, whether a majority of the Member States fulfil the

necessary conditions for the adoption of a single currency;

- decide whether it is appropriate for the Community to enter the third

stage, and if so

- set the date for the beginning of the third stage.

4. If by the end of 1997 the date for the beginning of the third stage has

not been set, the third stage shall start on 1 January 1999. Before 1

July 1998, the Council, meeting in the composition of heads of State or

of Government, after a repetition of the procedure provided for in

paragraphs 1 and 2, with the exception of the second indent of

paragraph 2, taking into account the reports referred to in paragraph 1

and the opinion of the European parliament, shall, acting by a qualified

majority and on the basis of the recommendations of the Council

referred to in paragraph 2, confirm which member States fulfil the

necessary conditions for the adoption of a single currency.

ARTICLE 109k

1. If the decision has been taken to set the date in accordance with

Article 109j(3), the Council shall, on the basis of its recommendation

referred to in Article 109j(2), acting by a qualified majority on a

recommendation from the Commission, decide whether any, and if so

which, Member States shall have a derogation as defined in paragraph

3 of this Article. Such Member States shall in this Treaty be referred to

as "Member States with a derogation".

If the Council has confirmed which Member States fulfil the necessary

conditions for the adoption of a single currency, in accordance with

Article 109j(4), those Member States which do not fulfil the conditions

shall have a derogation as defined in paragraph 3 of this Article. Such

Member States shall in this Treaty be referred to as "Member States

with a derogation".

2. At least once every two years, or at the request of a Member State

with a derogation, the Commission and the ECB shall report to the

Council in accordance with the procedure laid down in Article 109j(1).

After consulting the European Parliament and after discussion in the

Council, meeting in the composition of the Heads of State or of

Government, the Council shall, acting by a qualified majority on a

proposal from the Commission, decide which Member States with a

derogation fulfil the necessary conditions on the basis of the criteria

set out in Article 109j(1), and abrogate the derogations of the Member

States concerned.

3. A derogation referred to in paragraph 1 shall entail that the following

Articles do not apply to the Member State concerned: Articles 104c(9)

and (11), 105(1),(2), (3) and (5), 105a, 108a, 109, 109a(2)(b). The

exclusion of such a Member State and its national central bank from

rights and obligations within the ESCB is laid down in Chapter IX of the

Statute of the ESCB.

4. In Articles 105(1), (2) ,and (3), 105a, 108a, 109 and 109a(2)(b),

"Member States" shall be read as "Member States without a

derogation".

5. The voting rights of Member States with a derogation shall be

suspended for the Council decisions referred to in the Articles of this

Treaty mentioned in paragraph 3. In that case, by way of derogation

from Articles 148 and 189a(1), a qualified majority shall be defined as

two thirds of the votes of the representatives of the Member States

without derogation weighted in accordance with Article 148(2), and

unanimity of those Member States shall be required for an act

requiring unanimity.

6. Articles 109h and 109i shall continue to apply to a Member State

with a derogation.

ARTICLE 109l

1. Immediately after the decision on the date for the beginning of the

third stage has been taken in accordance with Article 109j(3), or, as the

case may be, immediately after 1 July 1998:

- the Council shall adopt the provisions referred to in Article 106(6);

- the governments of the Member States without a derogation shall

appoint, in accordance with the procedure set out in Article 50 of the

Statute of the ESCB, the President, the Vice-President and the other

members of the Executive Board of the ECB. If there are Member

States with a derogation, the number of members of the Executive

Board may be smaller than provided for in Article 11.1 of the Statute of

the ESCB, but in no circumstances shall it be less than four.

As soon as the Executive Board is appointed, the ESCB and the ECB

shall be established and shall prepare for their full operation as

described in this Treaty and the Statute of the ESCB. The full exercise

of their powers shall start from the first day of the third stage.

2. As soon as the ECB is established, it shall, if necessary, take over

tasks of the EMI. The EMI shall go into liquidation upon the

establishment of the ECB; the modalities of liquidation are laid down

in the Statute of the EMI.

3. If and as long as there are Member States with a derogation, and

without prejudice to Article 106(3) of this Treaty, the general Council of

the ECB referred to in Article 45 of the Statute of the ESCB shall be

constituted as a third decision-making body of the ECB.

4. At the starting date of the third stage, the Council shall, acting with

the unanimity of the Member States without derogation, on a proposal

from the Commission and after consulting the ECB, adopt the

conversion rates at which their currencies shall be irrevocably fixed

and at which irrevocably fixed rate the ECU shall be substituted for

these currencies, and the ECU will become a currency in its own right.

This measure shall by itself not modify the external value of the ECU.

The Council shall, acting according to the same procedure, also take

the other measures necessary for the rapid introduction of the ECU as

the single currency of those Member States.

5. If it is decided, according to the procedure set out in Article 109k(2),

to abrogate a derogation, the Council shall, acting with the unanimity

of the Member States without a derogation and the Member State

concerned, on a proposal from the Commission and after consulting

the ECB, adopt the rate at which the ECU shall be substituted for the

currency of the Member State concerned, and take the other measures

necessary for the introduction of the ECU as the single currency in the

Member State concerned.

ARTICLE 109m

1. Until the beginning of the third stage, each Member State shall treat

its exchange rate policy as a matter of common interest. In doing so,

Member States shall take account of the experience acquired in co-

operation within the framework of the European Monetary System

(EMS) and in developing the ECU, and shall respect existing powers in

this field.

2. From the beginning of the third stage and for as long as a member

State has a derogation, paragraph 1 shall apply by analogy to the

exchange rate policy of that Member State."

26) In Title II of Part Three, the title of Chapter 4 shall be replaced by

the following:

"TITLE VII

Common Commercial Policy"

27) Article 111 shall be repealed.

28) Article shall be replaced with the following:

"ARTICLE 113

1. The common commercial policy shall be based on uniform

principles, particularly in regard to changes in tariff rates, the

conclusion of tariff and trade agreements, the achievement of

uniformity in measures of liberalization, export policy and measures

to protect trade such as those to be taken in the event of dumping or

subsidies.

2. The Commission shall submit proposals to the Council for

implementing the common commercial policy.

3. Where agreements with one or more States or international

organizations need to be negotiated, the Commission shall make

recommendations to the Council, which shall authorize the

Commission to open the necessary negotiations.

The Commission shall conduct these negotiations in consultation with

a special committee appointed by the Council to assist the

Commission in this task and within the framework of such directives

as the Council may issue to it.

The relevant provision of Article 228 shall apply.

4. In exercising the powers conferred upon it by this Article, the

Council shall act by a qualified majority."

29) Article 114 shall be repealed.

30) Article 115 shall be replaced by the following:

"ARTICLE 115

In order to ensure that the execution of measures of commercial policy

taken in accordance with this Treaty by any Member State is not

obstructed by deflection of trade, or where differences between such

measures lead to economic difficulties in one or more Member States,

the Commission shall recommend the methods for the requisite co-

operation between Member States. Failing this, the Commission may

authorise Member States to take the necessary protective measures,

the conditions and details of which it shall determine.

In case of urgency,Member States shall request authorization to take

the necessary measures themselves from the Commission, which

shall take a decision as soon as possible; the Member States

concerned shall then notify the measures to the other Member States.

The Commission may decide at any time that the Member States

concerned shall amend or abolish the measures in question.

In the selection of such measures, priority shall be given to those

which cause the least disturbance to the functioning of the common

market."

31) Article 116 shall be repealed.

32) In Part Three, the title of Title III shall be replaced by the following:

"TITLE VIII

Social Policy, Education,

Vocational Training and Youth"

33) The first subparagraph of Article 118a(2) shall be replaced by the

following:

"2. In order to help achieve the objective laid down in the first

paragraph, the Council, acting in accordance with the procedure

referred to in Article 189c and after consulting the Economic and Social

Committee, shall adopt by means of directives, minimum

requirements for gradual implementation, having regard to the

conditions and technical rules obtaining in each of the Member

States."

34) Article 123 shall be replaced by the following:

"ARTICLE 123

In order to improve employment opportunities for workers in the

internal market and to contribute thereby to raising the standard of

living, a European Social Fund is hereby established in accordance

with the provisions set out below; it shall aim to render the

employment of workers easier and to increase their geographical and

occupational mobility within the Community, and to facilitate their

adaptation to industrial changes and to changes in production

systems, in particular through vocational training and retraining".

35) Article 125 shall be replaced by the following:

"ARTICLE 125

The Council, acting in accordance with the procedure referred to in

Article 189c and after consulting the Economic and Social Committee,

shall adopt implementing decisions relating to the European Social

Fund."

36) Articles 126,127 and 128 shall be replaced by the following:

"CHAPTER 3

EDUCATION, VOCATIONAL TRAINING AND YOUTH

ARTICLE 126

1. The Community shall contribute to the development of quality

education by encouraging co-operation between Member States and, if

necessary, by supporting and supplementing their action, while fully

respecting the responsibility of the Member States for the content of

teaching and the organization of education systems and their cultural

and linguistic diversity.

2. Community action shall be aimed at:

- developing the European dimension in education, particularly

through the teaching and dissemination of the languages of the

Member States;

- encouraging mobility of students and teachers, inter alia by

encouraging the academic recognition of diplomas and periods of

study;

- promoting co-operation between educational establishments;

- developing exchanges of information and experience on issues

common to the education systems of the Member States;

- encouraging the development of youth exchanges and of exchanges

of socio-educational instructors;

- encouraging the development of distance education.

3. The Community and the Member States shall foster co-operation

with third countries and the competent international organizations in

the field of education, in particular the Council of Europe

4. In order to contribute to the achievement of the objectives referred

to in this Article, the Council:

- acting in accordance with the procedure referred to in Article 189b,

after consulting the Economic and Social Committee and the

Committee of the Regions, shall adopt incentive measures, excluding

any harmonization of the laws and regulations of the Member States;

- acting by a qualified majority on a proposal from the Commission,

shall adopt recommendations.

ARTICLE 127

1. The Community shall implement a vocational training policy which

shall support and supplement the action of the Member States, while

fully respecting the responsibility of the Member States for the content

and organization of vocational training.

2. Community action shall aim to:

- facilitate adaptation to industrial changes, in particular through

vocational training and retraining;

- improve initial and continuing vocational training in order to facilitate

vocational integration and reintegration into the labour market;

- facilitate access to vocational training and encourage mobility of

instructors and trainees and particularly young people;

- stimulate co-operation on training between educational or training

establishments and firms;

- develop exchanges of information and experience on issues

common to the training systems of the Member States.

3. The Community and the Member States shall foster co-operation

with third countries and the competent international organizations in

the sphere of vocational training.

4. The Council, acting in accordance with the procedure referred to in

Article 189c and after consulting the Economic and Social Committee,

shall adopt measures to contribute to the achievement of the

objectives referred to in this Article, excluding any harmonization of

the laws and regulations of the Member States."

37) The following shall be inserted:

"TITLE IX

Culture

ARTICLE 128

1. The Community shall contribute to the flowering of the cultures of

the Member States, while respecting their national and regional

diversity and at the same time bringing the common cultural heritage

to the fore.

2. Action by the Community shall be aimed at encouraging co-

operation between Member States and, if necessary, supporting and

supplementing their action in the following areas:

- improvement of the knowledge and dissemination of the culture and

history of the European peoples;

- conservation and safeguarding of cultural heritage of European

significance;

- non-commercial cultural exchanges;

- artistic and literary creation, including in the audiovisual sector.

3. The Community and the Member States shall foster co-operation

with third countries and the competent international organizations in

the sphere of culture, in particular the Council of Europe.

4. The Community shall take cultural aspects into account in its action

under other provisions of this Treaty.

5. In order to contribute to the achievement of the objectives referred

to in this Article, the Council:

- acting in accordance with the procedure referred to in Article 189b

and after consulting the Committee of the Regions, shall adopt

incentive measures, excluding any harmonization of the laws and

regulations of the Member States. The Council shall act unanimously

throughout the procedures referred to in Article 189b;

- acting unanimously on a proposal from the Commission, shall adopt

recommendations."

38) Titles IV, V, VI and VII shall be replaced by the following:

"TITLE X

Public Health

ARTICLE 129

1. The Community shall contribute towards ensuring a high level of

human health protection by encouraging co-operation between the

Member States and, if necessary, lending support to their action.

Community action shall be directed towards the prevention of

diseases, in particular the major health scourges, including drug

dependence, by promoting research into their causes and their

transmission, as well as health information and education.

Health protection requirements shall form a constituent part of the

Community's other policies.

2. Member States shall, in liaison with the Commission, co-ordinate

among themselves their policies and programmes in the areas

referred to in paragraph 1. The Commission may, in close contact with

the Member States, take any useful initiative to promote such co-

ordination.

3. The Community and the Member States shall foster co-operation

with third countries and the competent international organizations in

the sphere of public health.

4. In order to contribute to the achievement of the objectives referred

to in this Article, the Council:

- acting in accordance with the procedure referred to in Article 189b,

after consulting the Economic and Social Committee and the

Committee of the Regions, shall adopt incentive measures, excluding

any harmonization of the laws and regulations of the Member States;

- acting by a qualified majority on a proposal from the Commission,

shall adopt recommendations.

TITLE XI

Consumer protection

ARTICLE 129a

1. The Community shall contribute to the attainment of a high level of

consumer protection through:

(a) measures adopted pursuant to Article 100a in the context of the

completion of the internal market;

(b) specific action which supports and supplements the policy pursued

by the Member States to protect the health, safety and economic

interests of consumers and to provide adequate information to

consumers.

2. The Council, acting in accordance with the procedure referred to in

Article 189b and after consulting the Economic and Social Committee,

shall adopt the specific action referred to in paragraph 1(b).

3. Action adopted pursuant to paragraph 2 shall not prevent any

Member State from maintaining or introducing more stringent

protective measures. Such measures must be compatible with this

Treaty. The Commission shall be notified of them.

TITLE XII

Trans-European networks

ARTICLE 129b

1. To help achieve the objectives referred to in Articles 7a and 130a

and to enable citizens of the Union, economic operators and regional

and local communities to derive the full benefit from the setting up of

an area without internal frontiers, the Community shall contribute to

the establishment and development of trans-European networks in the

areas of transport, telecommunications and energy infrastructures.

2. Within the framework of a system of open and competitive markets,

action by the Community shall aim at promoting the interconnection

and inter-operability of national networks as well as access to such

networks. It shall take account in particular of the need to link island,

landlocked and peripheral regions with the central regions of the

Community.

ARTICLE 129c

1. In order to achieve the objectives referred to in Article 129b, the

Community:

- shall establish a series of guidelines covering the objectives,

priorities and broad lines of measures envisaged in the sphere of

trans-European networks; these guidelines shall identify projects of

common interest;

- shall implement any measures that may prove necessary to ensure

the inter-operability of the networks, in particular in the field of

technical standardization;

- may support the financial efforts made by the Member States for

projects of common interest financed by Member States, which are

identified in the framework of the guidelines referred to in the first

indent, particularly through feasibility studies, loan guarantees or

interest rate subsidies; the Community may also contribute, through

the Cohesion Fund to be set up no later than 31 December 1993

pursuant to Article 130d, to the financing of specific projects in

Member States in the area of transport infrastructure.

The Community's activities shall take into account the potential

economic viability of the projects.

2. Member States shall, in liaison with the Commission, co-ordinate

among themselves the policies pursued at national level which may

have a significant impact on the achievement of the objectives

referred to in Article 129b. The Commission may, in close co-operation

with the Member States, take any useful initiative to promote such co-

ordination.

3. The Community may decide to co-operate with third countries to

promote projects of mutual interest and to ensure the inter-operability

of networks.

ARTICLE 129d

The guidelines referred to in Article 129c(1) shall be adopted by the

Council, acting in accordance with the procedure referred to in Article

189b and after consulting the Economic and Social Committee and the

Committee of the Regions.

Guidelines and projects of common interest which relate to the

territory of a Member State shall require the approval of the Member

State concerned.

The Council, acting in accordance with the procedure referred to in

Article 189c and after consulting the Economic and Social Committee

and the Committee of the Regions, shall adopt the other measures

provided for in Article 129c(1).

TITLE XIII

Industry

ARTICLE 130

1. The Community and the Member States shall ensure that the

conditions necessary for the competitiveness of the Community's

industry exist.

For that purpose, in accordance with a system of open and competitive

markets, their action shall be aimed at:

- speeding up the adjustment of industry to structural changes;

- encouraging an environment favourable to initiative and to the

development of undertakings throughout the Community, particularly

small and medium-sized undertakings;

- encouraging an environment favourable to co-operation between

undertakings;

- fostering better exploitation of the industrial potential of policies of

innovation, research and technological development.

2. The Member States shall consult each other in liaison with the

Commission and, where necessary, shall co-ordinate their action. The

Commission may undertake any useful initiative to promote such co-

ordination.

3. The Community shall contribute to the achievement of the

objectives set out in paragraph 1 through the policies and activities it

pursues under other provisions of this Treaty. The Council, acting

unanimously on a proposal from the Commission, after consulting the

European Parliament and the Economic and Social Committee, may

decide on specific measures in support of action taken in the Member

States to achieve the objectives set out in paragraph 1.

This Title shall not provide a basis for the introduction by the

Community of any measure which could lead to a distortion of

competition.

TITLE XIV

Economic and social cohesion

ARTICLE 130a

In order to promote its overall harmonious development, the

Community shall develop and pursue its actions in leading to the

strengthening of its economic and social cohesion.

In particular, the Community shall aim at reducing the disparities

between the levels of development of the various regions and the

backwardness of the least-favoured regions, including rural areas.

ARTICLE 130b

Member States shall conduct their economic policies and shall co-

ordinate them is such a way as, in addition, to attain the objectives set

out in Article 130a. The formulation and implementation of the

Community's policies and actions and the implementation of the

internal market shall take into account the objectives set out in Article

130a and shall contribute to their achievement. The Community shall

also support the achievement of these objectives by the action it takes

through the Structural Funds (European Agricultural Guidance and

Guarantee Fund, Guidance Section; European Social Fund; European

Regional Development Fund), the European Investment Bank and

other existing financial instruments.

The Commission shall submit a report to the European Parliament, the

Council, the Economic and Social Committee and the Committee of the

Regions every three years on the progress made towards achieving

economic and social cohesion and on the manner in which the various

means provided for in this Article have contributed to it. This report

shall, if necessary, be accompanied by appropriate proposals.

If specific actions prove necessary outside the Funds and without

prejudice to the measures decided upon within the framework of the

other Community policies, such actions may be adopted by 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 the Regions.

ARTICLE 130c

The European Regional Development Fund is intended to help redress

the main regional imbalances in the Community through participation

in the development and structural adjustments of regions whose

development is lagging behind and in the conversion of declining

industrial regions.

ARTICLE 130d

Without prejudice to Article 130e, the Council, acting unanimously on a

proposal from the Commission and after obtaining the assent of the

European Parliament and consulting the Economic and Social

Committee and the Committee of the Regions, shall define the tasks,

priority objectives and the organization of the Structural Funds, which

may involve grouping the Funds. The Council, acting by the same

procedure, shall also define the general rules applicable to them and

the provisions necessary to ensure their effectiveness and the co-

ordination of the Funds with one another and with the other existing

financial instruments.

The Council, acting in accordance with the same procedure, shall

before 31 December 1993 set up a Cohesion Fund to provide a

financial contribution to projects in the fields of environment and trans-

European networks in the area of transport infrastructure.

ARTICLE 130e

Implementing decisions relating to the European Regional

Development Fund shall be taken by the Council, acting in accordance

with the procedure referred to in Article 189c and after consulting the

Economic and Social Committee and the Committee of the Regions.

With regard to the European Agricultural Guidance and Guarantee

Fund - Guidance Section, and the European Social Fund, articles 43

and 125 respectively shall continue to apply.

TITLE XV

Research and technological development

ARTICLE 130f

1. The Community shall have the objective of strengthening the

scientific and technological bases of Community industry and

encouraging it to become more competitive at international level, while

promoting all the research activities deemed necessary by virtue of

other Chapters of this Treaty.

2. For this purpose the Community shall, throughout the Community,

encourage undertakings, including small and medium-sized

undertakings, research centres and universities in their research and

technological development activities of high quality; it shall support

their efforts to co-operate with one another, aiming, notably, at

enabling undertakings to exploit the internal market potential to the

full, in particular through the opening up of national public contracts,

the definition of common standards and the removal of legal and fiscal

obstacles to that co-operation.

3. All community activities under this Treaty in the area of research

and technological development, including demonstration projects,

shall be decided on and implemented in accordance with the

provisions of this Title.

ARTICLE 130g

In pursuing these objectives, the Community shall carry out the

following activities, complementing the objectives complementing the

activities carried out in the Member States:

(a) implementation of research, technological development and

demonstration programmes, by promoting co-operation with and

between undertakings, research centres and universities;

(b) promotion of co-operation in the field of Community research,

technological development and demonstration with third countries and

international organizations;

(c) dissemination and optimization of the results of activities in

Community research, technological development and demonstration;

(d) stimulation of the training and mobility of researchers in the

Community.

ARTICLE 130h

1. The Community and the Member States shall co-ordinate their

research and technological development activities so as to ensure

that national policies and Community policy are mutually consistent.

2. In close co-operation with the Member States, the Commission may

take any useful initiative to promote the co-ordination referred to in

paragraph 1.

ARTICLE 130i

1. A multiannual framework programme, setting out all activities of the

Community, shall be adopted by the Council, acting in accordance with

the procedure referred to in Article 189b after consulting the Economic

and Social Committee. The Council shall act unanimously throughout

the procedures referred to in Article 189b.

The framework programme shall:

- establish the scientific and technological objectives to be achieved

by the activities provided for in Article 130g and fix the relevant

priorities;

- indicate the broad lines of such activities;

- fix the maximum overall amount and the detailed rules for

Community financial participation in the framework programme and the

respective shares in each of the activities provided for.

2. The framework programme shall be adapted or supplemented as the

situation changes.

3. The framework programme shall be implemented through specific

programmes developed within each activity. Each specific programme

shall define the detailed rules for implementing it, fix its duration and

provide for the means deemed necessary. The sum of the amounts

deemed necessary, fixed in the specific programmes, may not exceed

the overall maximum amount fixed for the framework programme and

each activity.

4. The Council, acting by a qualified majority on a proposal from the

Commission and after consulting the European Parliament and the

Economic and Social Committee, shall adopt the specific programmes.

ARTICLE 130j

For the implementation of the multiannual framework programme the

Council shall:

- determine the rules for the participation of undertakings, research

centres and universities;

- lay down the rules governing the dissemination of research results.

ARTICLE 130k

In implementing the multiannual framework programmes,

supplementary programmes may be decided on involving the

participation of certain Member States only, which shall finance them

subject to possible Community participation.

The Council shall adopt the rules applicable to supplementary

programmes, particularly as regards the dissemination of knowledge

and access by other Member States.

ARTICLE 130l

In implementing the multiannual framework programme the Community

may make provision, in agreement with the Member States concerned,

for participation in research and development programmes undertaken

by several Member States, including participation in the structures

created for the execution of those programmes.

ARTICLE 130m

In implementing the multiannual framework programme the Community

may make provision for co-operation in Community research,

technological development and demonstration with third countries or

international organizations.

The detailed arrangements for such co-operation may be the subject of

agreements between the Community and the third parties concerned,

which shall be negotiated and concluded in accordance with Article

228.

ARTICLE 130n

The Community may set up joint undertakings or any other structure

necessary for the efficient execution of Community research,

technological development and demonstration programmes.

ARTICLE 130o

The Council, acting unanimously on a proposal from the Commission

and after consulting the European Parliament and the Economic and

Social Committee, shall adopt the provisions referred to in Article

130n.

The Council, acting in accordance with the procedure referred to in

Article 189c and after consulting the Economic and Social Committee,

shall adopt the provisions referred to in Articles 130j to l. Adoption of

the supplementary programmes shall require the agreement of the

Member States concerned.

ARTICLE 130p

At the beginning of each year the Commission shall send a report to

the European Parliament and the Council. The report shall include

information on research and technological development activities and

the dissemination of results during the previous year, and the work

programme for the current year.

TITLE XVI

Environment

ARTICLE 130r

1. Community policy on the environment shall contribute to pursuit of

the following objectives:

- preserving, protecting and improving the quality of the environment;

- protecting human health;

- prudent and rational utilization of natural resources;

- promoting measures at international level to deal with regional or

worldwide environmental problems.

2. Community policy on the environment shall aim at a high level of

protection taking into account the diversity of situations in the various

regions of the Community. It shall be based on the precautionary

principle and on the principles that preventative action should be

taken, that environmental damage should as a priority be rectified at

source and that the polluter should pay. Environmental protection

requirements must be integrated into the definition and

implementation of other Community policies.

In this context, harmonization measures answering these

requirements shall include, where appropriate, a safeguard clause

allowing Member States to take provisional measures, for non-

economic environmental reasons, subject to a Community inspection

procedure.

3. In preparing its policy on the environment, the Community shall take

account of:

- available scientific and technical data;

- environmental conditions in the various regions of the Community;

- the potential benefits and costs of action or lack of action;

- the economic and social development of the Community as a whole

and the balanced development of its regions.

4. Within their respective spheres of competence, the Community and

the Member States shall co-operate with third countries and with the

competent international organizations. The arrangements for

Community co-operation may be the subject of agreements between

the Community and the third parties concerned, which shall be

negotiated and concluded in accordance with Article 228.

The previous subparagraph shall be without prejudice to Member

States' competence to negotiate in international bodies and to

conclude international agreements.

ARTICLE 130s

1. The Council, acting in accordance with the procedure referred to in

Article 189c and after consulting the Economic and Social Committee,

shall decide what action is to be taken by the Community in order to

achieve the objective referred to in Article 130r.

2. By way of derogation from the decision-making procedure provided

for in paragraph 1 and without prejudice to Article 100a, the Council,

acting unanimously on a proposal from the Commission and after

consulting the European Parliament and the Economic and Social

Committee, shall adopt:

- provisions primarily of a fiscal nature;

- measures concerning town and country planning, land use with the

exception of waste management and measures of a general nature,

and management of water resources;

- measures significantly affecting a Member State's choice between

different energy sources and the general structure of its energy

supply.

The Council may, under the conditions laid down in the preceding

subparagraph,define those matters referred to in this paragraph on

which decisions are to be taken by a qualified majority.

3. In other areas, general action programmes setting out priority

objectives to be attained shall be adopted by the Council, acting in

accordance with the procedure referred to in Article 189b and after

consulting the Economic and Social Committee.

The Council, acting under the terms of paragraph 1 or paragraph 2

according to the case, shall adopt the measures necessary for the

implementation of these programmes.

4. Without prejudice to certain measures of a Community nature, the

Member States shall finance and implement the environment policy.

5. Without prejudice to the principle that the polluter should pay, if a

measure based on the provisions of paragraph 1 involves costs

deemed disproportionate for the public authorities of a Member State,

the Council shall, in the act adopting that measure, lay down

appropriate provisions in the form of:

- temporary derogations and/or

- financial support from the Cohesion Fund to be set up no later than

31 December 1993 pursuant to Article 130d.

ARTICLE 130t

The protective measures adopted pursuant to Article 130s shall not

prevent any Member State from maintaining or introducing more

stringent protective measures. Such measures must be compatible

with this Treaty. They shall be notified to the Commission.

TITLE XVII

Development co-operation

ARTICLE 130u

1. Community policy in the sphere of development co-operation, which

shall be complementary to the policies pursued by the Member States,

shall foster:

- the sustainable economic and social development of the developing

countries, and more particularly the most disadvantaged among them;

- the smooth and gradual integration of the developing countries into

the world economy;

- the campaign against poverty in the developing countries.

2. Community policy in this area shall contribute to the general

objective of developing and consolidating democracy and the rule of

law, and to that of respecting human rights and fundamental freedoms.

3. The Community and the Member State shall comply with the

commitments and take account of the objectives they have approved

in the context of the United Nations and other competent international

organizations.

ARTICLE 130v

The Community shall take account of the objectives referred to in

Article 130u in the policies that it implements which are likely to affect

developing countries.

ARTICLE 130w

1.. Without prejudice to the other provisions in this Treaty the Council,

acting in accordance with the procedure referred to in Article 189c,

shall adopt the measures necessary to further the objectives referred

to in Article 130u. Such measures may take the form of multiannual

programmes.

2. The European Investment Bank shall contribute, under the terms

laid down in its Statute, to the implementation of the measures

referred to in paragraph 1.

3. The provisions of this Article shall not affect co-operation with the

African, Caribbean and Pacific countries in the framework of the ACP-

EEC Convention.

ARTICLE 130x

1. The Community and the Member States shall co-ordinate their

policies on development co-operation and shall consult each other on

their aid programmes, including in international organizations and

during international conferences. They may undertake joint action.

Member States shall contribute if necessary to the implementation of

Community aid programmes.

2. The Commission may take any useful initiative to promote the co-

ordination referred to in paragraph 1.

ARTICLE 130y

Within their respective spheres of competence, the Community and

the Member States shall co-operate with third countries and with the

competent international organizations. The arrangements for

Community co-operation may be the subject of arrangements between

the Community and the third parties concerned, which shall be

negotiated and concluded in accordance with Article 228.

The previous paragraph shall be without prejudice to Members States'

competence to negotiate in international bodies and to conclude

international agreements."

E. In Part Five "Institutions of the Community"

39) Article 137 shall be replaced by the following:

"ARTICLE 137

The European Parliament, which shall consist of representatives of the

peoples of the States brought together in the Community, shall

exercise the powers conferred upon it by this Treaty."

40) Paragraph 3 of Article 138 shall be replaced by the following:

"3. The European Parliament shall draw up proposals for elections by

direct universal suffrage in accordance in accordance with a uniform

procedure in all Member States.

The Council shall, acting unanimously after obtaining the assent of the

European Parliament, which shall act by a majority of its component

members, lay down the appropriate provision, which it shall

recommend to Member States for adoption in accordance with their

respective constitutional requirements."

41) The following Article shall be inserted:

"ARTICLE 138a

Political parties at European level are important as a factor for

integration within the Union. They contribute to forming a European

awareness and to expressing the political will of the citizens of the

Union.

ARTICLE 138b

In so far as provided in this Treaty, the European Parliament shall

participate in the process leading up to the adoption of Community

acts by exercising its powers under the procedures laid down in

Articles 189b and 189c and by giving its assent or delivering advisory

opinions.

The European Parliament may, acting by a majority of its members,

request the Commission to submit any appropriate proposal on

matters on which it considers that a Community act is required for the

purpose of implementing this Treaty.

ARTICLE 138c

In the course of its duties, the European Parliament may, at the

request of a quarter of its members, set up a temporary Committee of

Inquiry to investigate, without prejudice to the powers conferred by

this Treaty on other institutions or bodies, alleged contraventions or

maladministration in the implementation of Community law, except

where the alleged facts are being examined before a court and while

the case is still subject to legal proceedings.

The temporary Committee of Inquiry shall cease to exist on the

submission of its report.

The detailed provisions governing the exercise of the right of inquiry

shall be determined by common accord of the European Parliament,

the Council and the Commission.

ARTICLE 138d

Any citizen of the Union, and any natural or legal person residing or

having his registered office in a Member State, shall have the right to

address, individually or in association with other citizens or persons,

a petition to the European Parliament on a matter which comes within

the Community's fields of activity and which affects him, her or it

directly.

ARTICLE 138e

1. The European Parliament shall appoint an Ombudsman empowered

to receive complaints from any citizen of the Union or any natural or

legal person residing or having its registered office in a Member State

concerning instances of maladministration in the activities of the

Community institutions or bodies, with the exception of the Court of

Justice and the Court of First Instance acting in their judicial role.

In accordance with his duties, the Ombudsman shall conduct inquiries

for which he finds grounds, either on his own initiative or on the basis

of complaints submitted to him direct or through a member of the

European Parliament, except where the alleged facts are or have been

the subject of legal proceedings. Where the Ombudsman establishes

an instance of maladministration, he shall refer the matter to the

institution concerned, which shall have a period of three months in

which to inform him of its views. The Ombudsman shall then forward a

report to the European Parliament and the institution concerned. The

person lodging the complaint shall be informed of the outcome of such

inquiries.

The Ombudsman shall submit an annual report to the European

Parliament on the outcome of his inquiries.

2. The Ombudsman shall be appointed after each election of the

European Parliament for the duration of its term of office. The

Ombudsman shall be eligible for reappointment.

The Ombudsman may be dismissed by the Court of Justice at the

request at the request of the European Parliament if he no longer

fulfils the conditions required for the performance of this duties or if he

is guilty of serious misconduct.

3. The Ombudsman shall be completely independent in the

performance of his duties. In the performance of those duties he shall

seek nor take instructions from any body. The Ombudsman may not,

during his term of office, engage in any other occupation, whether

gainful or not.

4. The European Parliament shall, after seeking an opinion from the

Commission and with the approval of the Council acting by a qualified

majority, lay down the regulations and general conditions governing

the Ombudsman's duties."

42) The second subparagraph of Article 144 shall be supplemented by

the following sentence:

"In this case, the term of office of the members of the Commission

appointed to replace them shall expire on the date which the term of

office of the members of the Commission obliged to resign as a body

would have expired."

43) The following Article shall be inserted:

"ARTICLE 146

The Council shall consist of a representative of each Member State at

ministerial level, authorized to commit the government of that Member

State.

The office of President shall be held in turn by each Member State in

the Council for a term of six months, in the following order of Member

States:

- for a first cycle of six years: Belgium, Denmark, Germany, Greece,

Spain, France, Ireland, Italy, Luxembourg, Netherlands, Portugal,

United Kingdom;

- for the following cycle of six years: Denmark, Belgium, Greece,

Germany, France, Spain, Italy, Ireland, Netherlands, Luxembourg,

United Kingdom, Portugal.

44) The following Article shall be inserted:

"ARTICLE 147

The Council shall meet when convened by its President on his

initiative or at the request of one of its members or of the

Commission."

45) Article 149 shall be repealed.

46) The following Article shall be inserted:

"ARTICLE 151

1. A committee consisting of the Permanent Representatives of the

Member States shall be responsible for preparing the work of the

Council and for carrying out the tasks assigned to it by the Council.

2. The Council shall be assisted by a General Secretariat, under the

direction of a Secretary-General. The Secretary-General shall be

appointed by the Council acting unanimously.

The Council shall decide on the organization of the General

Secretariat.

3. The Council shall adopt its rules of procedure."

47) The following Article shall be inserted:

"ARTICLE 154

The Council shall, acting by a qualified majority, determine the

salaries, allowances and pensions of the President and members of

the Commission, and of the president, Judges, Advocates-General and

Registrar of the Court of Justice. It shall also, again by a qualified

majority, determine any payment to be made instead of remuneration."

48) The following Articles shall be inserted:

"ARTICLE 156

The Commission shall publish annually, not later than one month

before the opening of the session of the European Parliament, a

general report on the activities of the Community.

ARTICLE 157

1. The Commission shall consist of seventeen members, who shall be

chosen on the grounds of their general competence and whose

independence is beyond doubt.

The number of members of the Commission may be altered by the

Council, acting unanimously.

Only nationals of Member States may be members of the Commission.

The Commission must include at least one national of each of the

Member States, but may not include more than two members having

the nationality of the same State.

2. The members of the Commission shall, in the general interest of the

Community, be completely independent in the performance of their

duties.

In the performance of these duties, they shall neither seek nor take

instructions from any government or from any other body. They shall

refrain from any action incompatible with their duties. Each Member

State undertakes to respect this principle and not to seek to influence

the members of the Commission in the performance of their tasks.

The members of the Commission may not, during their term of office,

engage in any other occupation, whether gainful or not. When entering

upon their duties they shall give a solemn undertaking that, both

during and after their term of office, they will respect the obligations

arising therefrom and in particular their duty to behave with integrity

and discretion as regards the acceptance, after they have ceased to

hold office, of certain appointments or benefits. In the events of any

breach of these obligations, the Court of Justice may, on application

by the Council or the Commission, rule that the member concerned be,

according to the circumstances, either compulsorily retired in

accordance with Article 160 or deprived of his rights to a pension or

benefits in its stead.

ARTICLE 158

1. The members of the Commission shall be appointed, in accordance

with the procedure referred to in paragraph 2, for a period of five

years, subject, if need be, to Article 144.

Their term of office shall be renewable.

2. The governments of the Member States shall nominate by common

accord, after consulting the European Parliament, the person they

intend to appoint as President of the Commission.

The governments of the Member States shall, in consultation with the

nominee for President, nominate the other persons whom they intend

to appoint as members of the Commission.

The President and the other members of the Commission thus

nominated shall be subject as a body to a vote of approval by the

European Parliament. After approval by the European parliament, the

President and the other members of the Commission shall be

appointed by common accord of the governments of the Member

States.

3. Paragraphs 1 and 2 shall be applied for the first time to the

President and the other members of the Commission whose term of

office begins on 7 January 1995.

The president and the other members of the Commission whose term

of office begins on 7 January 1993 shall be appointed by common

accord of the governments of the Member States. Their term of office

shall expire on 6 January 1995.

ARTICLE 159

Apart from normal replacement, or death, the duties of a member of the

Commission shall end when he resigns or is compulsorily retired.

The vacancy thus caused shall be filled for the remainder of the

member's term of office by a new member appointed by common

accord of the governments of the Member States. The Council may,

acting unanimously, decide that such a vacancy need not be filled.

In the event of resignation, compulsory retirement or death, the

President shall be replaced for the remainder of his term of office. The

procedure laid down in Article 158(2) shall be applicable for the

replacement of the President.

Save in the case of compulsory retirement under Article 160, members

of the Commission shall remain in office until they have been

replaced.

ARTICLE 160

If any member of the Commission no longer fulfills the conditions

required for the performance of his duties or if he has been guilty of

serious misconduct, the Court of Justice may, on application by the

Council or the Commission, compulsorily retire him.

ARTICLE 161

The Commission may appoint a Vice-President or two Vice-Presidents

from among its members.

ARTICLE 162

1. The Council and the Commission shall consult each other and shall

settle by common accord their methods of co-operation.

2. The Commission shall adopt its rules of procedure so as to ensure

that both it and its departments operate in accordance with the

provisions of this Treaty. It shall ensure that these rules are

published.

ARTICLE 163

The Commission shall act by a majority of the number of members

provided for in Article 157.

A meeting of the Commission shall be valid only if the number of

members laid down in its rules of procedure is present."

49) Article 165 shall be replaced by the following:

"ARTICLE 165

The Court of Justice shall consist of thirteen judges.

The Court of Justice shall sit in plenary session. It may, however, form

chambers each consisting of three of five judges, either to undertake

certain preparatory inquiries or to adjudicate on particular categories

of cases in accordance with rules laid down for these purposes.

The Court of Justice shall sit in plenary session when a Member State

or a Community institution that is a party to the proceedings so

requests.

Should the Court of Justice so request, the Council may, acting

unanimously, increase the number of judges and make necessary

adjustments to the second and third paragraphs of this Article and to

the second of Article 167."

50) Article 168a shall be replaced by the following:

"ARTICLE 168a

1. The Court of First Instance shall be attached to the Court of Justice

with jurisdiction to hear and determine at first instance, subject to a

right of appeal to the Court of Justice on points of law only and in

accordance with the conditions laid down by Statute, certain classes of

action or proceeding defined in accordance with the conditions laid

down in paragraph 2. The Court of First Instance shall not be

competent to hear and determine questions referred for a preliminary

ruling under Article 177.

2. At the request of the Court of Justice and after consulting the

European Parliament and the Commission, the Council, acting

unanimously, shall determine the classes of action or proceeding

referred to in paragraph 1 and the composition of the Court of First

Instance and shall adopt the necessary adjustments and additional

provisions to the Statute of the the Court of Justice. Unless the Council

decides otherwise, the provisions of this Treaty relating to the Court of

Justice, in particular the provisions of the Protocol on the Statute of the

Court of Justice, shall apply to the Court of First Instance.

3. The members of the Court of First Instance shall be chosen from

persons whose independence is beyond doubt and who possess the

ability required for appointment to judicial office; they shall be

appointed by common accord of the governments of the Member

States for a term of six years. The membership shall be partially

renewed every three years. Retiring members shall be eligible for re-

appointment.

4. The Court of First Instance shall establish its rules of procedure in

agreement with the Court of Justice. Those rules shall require the

unanimous approval of the Council."

51) Article 171 shall be replaced by the following:

"ARTICLE 171

1. If the Court of Justice finds that a Member State has failed to fulfil an

obligation under this Treaty, the State shall be required to take the

necessary measures to comply with the judgment of the Court of

Justice.

2. If the Commission considers that the Member State concerned has

not taken such measures it shall, after giving that State the opportunity

to submit its observations, issue a reasoned opinion specifying the

points on which the Member State concerned has not complied with

the judgment of the Court of Justice.

If the Member State concerned fails to take the necessary measures to

comply with the Court's judgment within the time-limit laid down by the

Commission, the latter may bring the case before the Court of Justice.

In so doing it shall specify the amount of lump sum or penalty

payment to be paid by the Member State concerned which it considers

appropriate in the circumstances.

If the Court of Justice finds that the Member State concerned has not

complied with its judgment it may impose a lump sum or penalty

payment on it.

This procedure shall be without prejudice to Article 170."

52) Article 172 shall be replaced by the following:

"ARTICLE 172

Regulations adopted jointly by the European Parliament and the

Council, and by the Council, pursuant to the provisions of this Treaty,

may give the Court of Justice unlimited jurisdiction with regard to the

penalties provided for in such regulations."

53) Article 173 shall be replaced by the following:

"ARTICLE 173

The Court of Justice shall review the legality of acts adopted jointly by

the European Parliament and the Council, of acts of the Council, of the

Commission and of the ECB, other than recommendations and

opinions, and of acts of the European Parliament intended to produce

legal effects vis-a-vis third parties.

It shall for this purpose have jurisdiction in actions brought by a

Member State, the Council or the Commission on grounds of lack of

competence, infringement of an essential procedural requirement,

infringement of this Treaty or of any rule of law relating to its

application, or misuse of powers.

The Court shall have jurisdiction under the same conditions, in actions

brought by the European Parliament and by the ECB for the purpose of

protecting their prerogatives.

Any natural or legal person may, under the same conditions, institute

proceedings against a decision addressed to that person or against a

decision which, although in the form of a regulation or a decision

addressed to another person, is of direct and individual concern to the

former.

The proceedings provided for in this Article shall be instituted within

two months of the publication of the measure, or of its notification to

the plaintiff, or, in the absence thereof, of the day on which it came to

the knowledge of the latter, as the case may be."

54) Article 175 shall be replaced by the following:

"ARTICLE 175

Should the European Parliament, the Council or the Commission, in

infringement of this Treaty, fail to act, The Member States and the

other institutions of the Community may bring an action before the

Court of Justice to have the infringement established.

The action shall be admissible only if the institution concerned has

first been called upon to act. If, within two months of being so called

upon, the institution concerned has not defined its position, the action

may be brought within a further period of two months.

Any natural or legal person may, under the conditions laid down in the

preceding paragraphs, complain to the Court of Justice that an

institution of the Community has failed to address to that person any

act other than a recommendation or an opinion.

The Court of Justice shall have jurisdiction, under the same

conditions, in actions or proceedings brought by the ECB in the areas

falling within the latter's field of competence and in actions or

proceedings brought against the latter."

55) Article 176 shall be replaced by the following:

"ARTICLE 176

The institution or institutions whose act has been declared void or

whose failure to act has been declared contrary to this Treaty shall be

required to take the necessary measures to comply with the judgment

of the Court of Justice.

This obligation shall not affect any obligation which may result from

the application of the second paragraph of Article 215.

This Article shall also apply to the ECB."

56) Article 177 shall be replaced by the following:

"ARTICLE 177

The Court of Justice shall have jurisdiction to give preliminary rulings

concerning:

(a) the interpretation of the Treaty;

(b) the validity and interpretation of acts of the institutions of the

Community and of the ECB;

(c) the interpretation of the statutes of bodies established by an act of

the Council, where those statutes so provide.

Where such a question is raised before any court or tribunal of a

Member State, that Court of tribunal may, if it considers that a decision

on the question is necessary to enable it to give judgment, request the

Court of Justice to give a ruling thereon.

Where any such question is raised in a case pending before a court or

tribunal of a Member State against whose decisions there is no

judicial remedy under national law, the court or tribunal shall bring the

matter before the Court of Justice."

57) Article 180 shall be replaced by the following:

"ARTICLE 180

The Court of Justice shall, within the limits hereinafter laid down, have

jurisdiction in disputes concerning:

(a) the fulfillment by Member States of obligations under the Statute of

the European Investment Bank. In this connection, the Board of

Directors of the Bank shall enjoy the powers conferred upon the

Commission by Article 169;

(b) measures adopted by the Board of Governors of the European

Investment Bank. In this connection, any Member State, the

Commission of the Board of Directors of the Bank may institute

proceedings under the conditions laid down in Article 173;

(c) measures adopted by the Board of Directors of the European

Investment Bank. Proceedings against such measures may be

instituted only by Member States or by the Commission, under the

conditions laid down in Article 173, and solely on the grounds of non-

compliance with the procedure provided for in Article 21(2), (5), (6) and

(7) of the Statute of the Bank;

(d) the fulfillment by the national central banks of obligations under

this Treaty and the Statute of the ESCB. In this connection the powers

of the Council of the ECB in respect of national central banks shall be

the same as those conferred upon the commission in respect of

Member States by Article 169. If the Court of Justice finds that a

national central bank has failed to fulfill an obligation under this

Treaty, that bank shall be required to take the necessary measures to

comply with the judgment of the Court of Justice."

58) Article 184 shall be replaced by the following:

"ARTICLE 184

Notwithstanding the expiry of the period laid down in the fifth

paragraph of Article 173, any party may, in proceedings in which a

regulation adopted jointly by the European Parliament and the Council,

or a regulation of the Council, of the Commission, or of the ECB is at

issue, plead the grounds specified in the second paragraph of Article

173 in order to invoke before the Court of Justice the inapplicability of

that regulation."

59) The following section shall be inserted:

"SECTION 5

THE COURT OF AUDITORS

ARTICLE 188a

The Court of Auditors shall carry out the audit.

ARTICLE 188b

1. The Court of Auditors shall consist of twelve members.

2. The members of the Court of Auditors shall be chosen from among

persons who belong or have belonged in their respective countries to

external audit bodies or who are especially qualified for this office.

Their independence must be beyond doubt.

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

of six years by the Council, acting unanimously after consulting the

European Parliament.

However, when the first appointments are made, four members of the

Court of Auditors, chosen by lot, shall be appointed for a term of office

of four years only.

The members of the Court of Auditors shall be eligible for

reappointment.

They shall elect the President of the Court of Auditors from among their

number for a term of three years. The President may be re-elected.

4. The members of the Court of Auditors shall, in the general interest of

the Community, be completely independent in the performance of their

duties.

In the performance of these duties, they shall neither seek nor take

instructions from any government or from any other body. They shall

refrain from any action incompatible with their duties.

5. The members of the Court of Auditors may not, during their term of

office, engage in any other occupation, whether gainful or not. When

entering upon their duties they shall give a solemn undertaking that,

both during and after their term of office, they will respect the

obligations arising therefrom and in particular their duty to behave

with integrity and discretion as regards the acceptance, after they

have ceased to hold office, of certain appointments or benefits.

6. Apart from normal replacement, or death, the duties of a member of

the Court of Auditors shall end when he resigns, or is compulsorily

retired by a ruling of the Court of Justice pursuant to paragraph 7.

The vacancy thus caused shall be filled for the remainder of the

member's term of office.

Save in the case of compulsory retirement, members of the Court of

Auditors shall remain in office until they have been replaced.

7. A member of the Court of Auditors may be deprived of his office or of

his right to a pension or other benefits in its stead only if the Court of

Justice, at the request of the Court of Auditors, finds that he no longer

fulfills the requisite conditions or meets the obligations arising from

his office.

8. The Council, acting by a qualified majority, shall determine the

conditions of employment of the President and the members of the

Court of Auditors and in particular their salaries, allowances and

pensions. It shall also, by the same majority, determine any payment

to be made instead of remuneration.

9. The provisions of the Protocol on the Privileges and Immunities of

the European Communities applicable to the Judges of the Court of

Justice shall also apply to the members of the Court of Auditors.

ARTICLE 188c

1. The Court of Auditors shall examine the accounts of all revenue and

expenditure of the Community. It shall also examine the accounts of

all revenue and expenditure of all bodies set up by the Community in

so far as the relevant constituent instrument does not preclude such

examination.

The Court of Auditors shall provide the European Parliament and the

Council with a statement of assurance as to the reliability of the

accounts and the legality and regularity of the underlying transactions.

2.The Court of Auditors shall examine whether all revenue has been

received and all expenditure incurred in a lawful and regular manner

and whether the financial arrangement has been sound.

The audit of revenue shall be carried out on the basis both of the

amounts established as due and the amounts actually paid to the

Community.

The audit of expenditure shall be carried out on the basis both of

commitments undertaken and payments made.

These audits may be carried out before the closure of accounts for the

financial year in question.

3. The audit shall be based on records and, if necessary, performed

on the spot in other institutions of the Community and in the Member

States. In the Member States the audit shall be carried out in liaison

with the national audit bodies or, if these do not have the necessary

powers, with the competent national departments. These bodies or

departments shall inform the Court of Auditors whether they intend to

take part in the audit.

The other institutions of the Community and the national audit bodies

or, if these do not have the necessary powers, the competent national

departments, shall forward to the Court of Auditors, at its request, any

document or information necessary to carry out its task.

4. The Court of Auditors shall draw up an annual report after the close

of each financial year. It shall be forwarded to the other institutions of

the Community and shall be published, together with the replies of

these institutions to the observations of the Court of Auditors, in the

Official Journal of the European Communities.

The Court of Auditors may also, at any time, submit observations,

particularly in the form of special reports, on specific questions and

deliver opinions at the request of one of the other institutions of the

Community.

It shall adopt its annual reports, special reports or opinions by a

majority of its members.

It shall assist the European Parliament and the Council in exercising

their powers of control over the implementation of the budget."

60) Article 189 shall be replace by the following:

"ARTICLE 189

In order to carry out their task and in accordance with the provisions of

the Treaty, the European Parliament acting jointly with the Council, the

Council and the Commission shall make regulations and issue

directives, take decision, make recommendations or deliver opinions.

A regulation shall have general application. It shall be binding in its

entirety and directly applicable in all Member States.

A directive shall be binding, as to the result to be achieved, upon each

Member State to which it is addressed, but shall leave to the national

authorities the choice of form and methods.

A decision shall be binding in its entirety upon those to whom it is

addressed.

Recommendations and opinions shall have no binding force."

61) The following Articles shall be inserted:

"ARTICLE 189a

1. Where, in pursuance of the Treaty, the Council acts on a proposal

from the Commission, unanimity shall be required for an act

constituting an amendment to that proposal, subject to Article 189b(4)

and (5).

2. As long as the Council has not acted, the Commission may alter its

proposal at any time during the procedures leading to the adoption of

a Community act.

ARTICLE 189b

1. Where reference is made in the Treaty to this Article for the adoption

of an act, the following procedures shall apply.

2. The Commission shall submit a proposal to the European

Parliament and the Council.

The Council, acting by a qualified majority after obtaining the opinion

of the European Parliament, shall adopt a common position. The

common position shall be communicated to the European Parliament.

The Council shall inform the European Parliament fully of the reasons

which led it to adopt its common position. The Commission shall

inform the European Parliament fully of its position.

If, within three months of such communication, the European

Parliament:

(a) approves the common position, the Council shall definitively adopt

the act in question in accordance with that common position;

(b) has not taken a decision, the Council shall adopt the act in question

in accordance with its common position;

(c) indicates, by an absolute majority of its component members, that

it intends to reject the common position, it shall immediately inform

the Council. The Council may convene a meeting of the Conciliation

Committee referred to in paragraph 4 to explain further its position.

The European parliament shall thereafter either confirm, by an

absolute majority of its component members, its rejection of the

common position, in which event the proposed act shall be deemed

not to have been adopted, or propose amendments in accordance with

subparagraph (d) of this paragraph;

(d) proposes amendments to the common position by an absolute

majority of its component members, the amended text shall be

forwarded to the Council and to the Commission which shall deliver an

opinion on those amendments.

3. If, within three months of the matter being referred to it, the Council

action by a qualified majority, approves all the amendments of the

European parliament, it shall amend its common position accordingly

and adopt the act in question; however, the Council shall act

unanimously on the amendments on which the Commission has

delivered a negative opinion. If the Council does not approve the act in

question, the President of the Council, in agreement with the President

of the European Parliament, shall forthwith convene a meeting of the

Conciliation Committee.

4. The Conciliation Committee, which shall be composed of the

members of the Council or their representatives and an equal number

of representative of the European Parliament, shall have the task of

reaching agreement on a joint text, by a qualified majority of the

members of the Council or their representatives and by a majority of

the representatives of the European Parliament. The Commission

shall take part in the Conciliation Committee's proceedings and shall

take all the necessary initiatives with a view to reconciling the

positions of the European Parliament and the Council.

5. If within six weeks of its being convened, the Conciliation

Committee approves a joint text, the European Parliament, acting by

an absolute majority of the votes cast, and the Council, acting by a

qualified majority, shall have a period of six weeks from that approval

in which to adopt the act in question in accordance with the joint text. If

one of the two institutions fails to approve the proposed act, it shall be

deemed not to have been adopted.

6. Where the Conciliation Committee does not approve a joint text, the

proposed act shall be deemed not to have been adopted unless the

Council, acting by a qualified majority within six weeks of expiry of the

period granted to the Conciliation Committee, confirms the common

position to which it agreed before the conciliation procedure was

initiated, possibly with the amendments proposed by the European

Parliament. In this case, the act in question shall be finally adopted

unless the European parliament, within six weeks of the date of

confirmation by the Council, rejects the text by an absolute majority of

its component members, in which case the proposed act shall be

deemed not to have been adopted.

7. The periods of three months and six weeks referred to in this Article

may be extended by a maximum of one month and two weeks

respectively by common accord of the European Parliament and the

Council. The period of three months referred to in paragraph 2 shall be

automatically extended by two months where paragraph 2(c) applies.

8. The scope of the procedure under this Article may be widened, in

accordance with the procedure provided for in Article N(2) of the Treaty

on European Union, on the basis of a report to be submitted to the

Council by the Commission by 1996 at the latest.

ARTICLE 189c

Where reference is made in this Treaty to this Article for the adoption

of an act, the following procedure shall apply:

(a) The Council, acting by a qualified majority on a proposal from the

Commission and after obtaining the opinion of the European

Parliament, shall adopt a common position.

(b) The Council's common position shall be communicated to the

European Parliament. The Council and the Commission shall inform

the European Parliament fully of the reasons which led the Council to

adopt its common position and also of the Commission's position.

If, within three months of such communication, the European

Parliament approves this common position or has not taken a decision

within that period, the Council shall definitively adopt the act in

question in accordance with the common position.

(c) The European Parliament may, within the period of three months

referred to in point (b), by an absolute majority of its component

members, propose amendments to the Council's common position.

The European Parliament may also, by the same majority, reject the

Council's common position. The result of the proceedings shall be

transmitted to the Council and the Commission.

If the European Parliament has rejected the Council's common

position, unanimity shall be required for the Council to act on a second

reading.

(d) The Commission shall, within a period of one month, re-examine

the proposal on the basis of which the Council adopted its common

position, by taking into account the amendments proposed by the

European Parliament.

The Commission shall forward to the Council, at the same time as its

re-examined proposal, the amendments of the European Parliament

which it has not accepted, and shall express its opinion on them. The

Council may adopt these amendments unanimously.

(e) The Council, acting by a qualified majority, shall adopt the proposal

as re-examined by the Commission.

Unanimity shall be required for the Council to amend the proposal as

re-examined by the Commission.

(f) In the cases referred to in points (c),(d) and (e), the Council shall be

required to act within a period of three months. If no decision is taken

within this period, the commission proposal shall be deemed not to

have been adopted.

(g) The periods referred to in points (b) and (f) may be extended by a

maximum of one month by common accord between the Council and

the European Parliament."

62) Article 190 shall be replaced by the following:

"ARTICLE 190

Regulations, directives and decisions adopted jointly by the European

Parliament and the Council, and such acts adopted by the Council or

the Commission, shall state the reasons on which they are based and

shall refer to any proposals or opinions which were required to be

obtained pursuant to this Treaty."

63) Article 191 shall be replaced by the following:

"ARTICLE 191

1. Regulations, directives and decisions adopted in accordance with

the procedures referred to in Article 189b shall be signed by the

President of the European Parliament and by the President of the

Council and published in the Official Journal of the Community. They

shall enter into force on the date specified in them or, in the absence

thereof, on the twentieth day following that of their publication.

2. Regulations of the Council and of the Commission, as well as

directives of those institutions which are address to all Member

States, shall be published in the Official Journal of the Community.

They shall enter into force on the date specified in them or, in the

absence thereof, on the twentieth day following that of their

publication.

3. Other directives, and decisions, shall be notified to those whom

they are address and shall take effect upon such notification."

64) Article 194 shall be replaced by the following:

"ARTICLE 194

The number of members of the Economic and Social Committee shall

be as follows:

Belgium 12

Denmark 9

Germany 24

Greece 12

Spain 21

France 24

Ireland 9

Italy 24

Luxembourg 6

Netherlands 12

Portugal 12

United Kingdom 24

The members of the Committee shall be appointed by the Council,

acting unanimously, for four years. Their appointments shall be

renewable.

The members of the Committee may not be bound by any mandatory

instructions. They shall be completely independent in the performance

of their duties, in the general interest of the Community.

The Council, acting by a qualified majority, shall determine the

allowances of members of the Committee."

65) Article 196 shall be replaced by the following:

"ARTICLE 196

The Committee shall elect its chairman and officers from among its

members for a term of two years.

It shall adopt its rules of procedure.

The Committee shall be convened by its chairman at the request of the

Council or of the Commission. It may also meet on its own initiative."

66) Article 198 shall be replaced by the following:

"ARTICLE 198

The Committee must be consulted by the Council of the Commission

where this Treaty so provides. The Committee may be consulted by

these institutions in all cases in which they consider it appropriate. It

may issue an opinion on its own initiative in cases in which it

considers such action appropriate.

The Council or the Commission shall, if it considers it necessary, set

the Committee, for the submission of its opinion, a time limit which

may not be less than one month from the date on which the chairman

receives notification to this effect. Upon expiry of the time limit, the

absence of an opinion shall not prevent further action.

The opinion of the Committee and that of the specialized section,

together with a record of the proceedings, shall be forwarded to the

Council and to the Commission.

67) The following Chapter shall be inserted:

"CHAPTER 4

THE COMMITTEE OF THE REGIONS

ARTICLE 198a

A Committee consisting of representatives of regional and local

bodies, hereinafter referred to as "the Committee of the Regions", is

hereby established with advisory status.

The number of members of the Committee of the Regions shall be as

follows:

Belgium 12

Denmark 9

Germany 24

Greece 12

Spain 21

France 24

Ireland 9

Italy 24

Luxembourg 6

Netherlands 12

Portugal 12

United Kingdom 24

The members of the Committee and an equal number of alternate

members shall be appointed for four years by the Council acting

unanimously on proposals from the respective Member States. Their

term of office shall be renewable.

The members of the Committee may not be bound by any mandatory

instructions. They shall be completely independent in the performance

of their duties, in the general interest of the Community.

ARTICLE 198b

The Committee of the Regions shall elect its chairman and officers

from among its members for a term of two years.

It shall adopt its rules of procedure and shall submit them for approval

to the Council, acting unanimously.

The Committee shall be convened by its chairman at the request of the

Council or of the Commission. It may also meet on its own initiative.

ARTICLE 198c

The Committee of the Regions shall be consulted by the Council or by

the Commission where this Treaty so provides and in all other cases

in which one of these two institutions considers it appropriate.

The Council of the Commission shall, if it considers it necessary, set

the Committee, for the submission of its opinion, a time-limit which

may not be less than one month from the date on which the chairman

receives notification to this effect. Upon expiry of the time-limit the

absence of an opinion shall not prevent further action.

Where the Economic and Social Committee is consulted pursuant to

Article 198, the Committee of the Regions shall be informed by the

Council of the Commission of the request for an opinion. Where it

considers that specific regional interests are involved, the Committee

of the Regions may issue an opinion on the matter.

It may issue an opinion on its own initiative in cases in which it

considers such action appropriate.

The opinion of the Committee, together with a record of the

proceedings, shall be forwarded to the Council and to the

Commission."

68) The following chapter shall be inserted:

"CHAPTER 5

EUROPEAN INVESTMENT BANK

ARTICLE 198d

The European Investment Bank shall have legal personality.

The members of the European Investment Bank shall be the Member

States.

The Statute of the European Investment Bank is laid down in a

Protocol annexed to this Treaty.

ARTICLE 198e

The task of the European Investment Bank shall be to contribute, by

having recourse to the capital market and utilizing its own resources,

to the balanced and steady development of the common market in the

interest of the Community. For this purpose the Bank shall, operating

on a non-profit-making basis, grant loans and give guarantees which

facilitate the financing of the following projects in all sectors of the

economy:

(a) projects for developing less-developed regions;

(b) projects for modernizing or converting undertakings or for

developing fresh activities called for by the progressive establishment

of the common market, where these projects are of such a size or

nature that they cannot be entirely financed by the various means

available in the individual Member States;

(c) projects of common interest to several Member States which are of

such a size or nature that they cannot be entirely financed by the

various means available in the individual Member States.

In carrying out its task, the Bank shall facilitate the financing of

investment programmes in conjunction with assistance from the

structural Funds and other Community Financial instruments."

69) Article 199 shall be replaced by the following:

"ARTICLE 199

All items of revenue and expenditure of the Community, including

those relating to the European Social Fund, shall be included in

estimates to be drawn up for each financial year and shall be shown in

the budget.

Administrative expenditure occasioned for the institutions by the

provisions of the Treaty on European Union relating to common

foreign and security policy and to co-operation in the fields of justice

and home affairs shall be charged to the budget. The operational

expenditure occasioned by the implementation of the said provisions

may, under the conditions referred to therein, be charged to the

budget.

The revenue and expenditure shown in the budget shall be in

balance."

70) Article 200 shall be repealed.

71) Article 201 shall be replaced by the following:

"ARTICLE 201

Without prejudice to other revenue, the budget shall be financed

wholly from own resources.

The Council, acting unanimously on a proposal from the Commission

and after consulting the European Parliament, shall lay down

provisions relating to the system of own resources of the Community,

which it shall recommend to the Member States for adoption in

accordance with their respective constitutional requirements."

72) The following Article shall be inserted:

"ARTICLE 201a

With a view to maintaining budgetary discipline, the Commission shall

not make any proposal for a Community act, or alter its proposals, or

adopt any implementing measure which is likely to have appreciable

implications for the budget without providing the assurance that the

proposal or that measure is capable of being financed within the limit

of the Community's own resources arising under provisions laid down

by the Council pursuant to Article 201."

73) Article 205 shall be replaced by the following;

"ARTICLE 205

The Commission shall implement the budget, in accordance with the

provisions of the regulations made pursuant to Article 209, on its own

responsibility and within the limits of the appropriations, having

regard tot he principles of sound financial management.

The regulations shall lay down detailed rules for each institution

concerning its part in effecting its own expenditure.

Within the budget, the Commission may, subject to the limits and

conditions laid down in the regulations made pursuant to Article 209,

transfer appropriations from one chapter to another or from one

subdivision to another."

74) Article 206 shall be replaced by the following:

"ARTICLE 206

1. The European Parliament, acting on a recommendation from the

Council which shall act by qualified majority, shall give a discharge to

the Commission in respect of the implementation of the budget. To this

end, the Council and the European Parliament in turn shall examine

the accounts and the financial statement referred to in Article 205a, the

annual report by the Court of Auditors together with the replies of the

institutions under audit to the observations of the Court of Auditors and

any relevant special reports by the Court of Auditors.

2 Before giving a discharge to the Commission, or for any other

purpose in connection with the exercise of its power over the

implementation of the budget, the European Parliament may ask to

hear the Commission give evidence with regard to the execution of

expenditure or the operation of financial control systems. The

Commissions shall submit any necessary information to the European

Parliament at the latter's request.

3. The Commission shall take all appropriate steps to act on the

observations in the decisions giving discharge and on other

observations by the European Parliament relating to the execution of

expenditure, as well as on comments accompanying the

recommendations on discharge adopted by the Council.

At the request of the European Parliament or the Council, the

Commission shall report on the measures taken in the light of these

observations and comments and in particular on the instructions given

to the departments which are responsible for the implementation of the

budget. These reports shall also be forwarded to the Court of

Auditors."

75) Articles 206a and 206b shall be repealed.

76) Article 209 shall be replaced by the following:

"ARTICLE 209

The Council, acting unanimously on a proposal from the Commission

and after consulting the European Parliament and obtaining the

opinion of the Court of Auditors, shall:

(a) make Financial Regulations specifying in particular the procedure

to be adopted for establishing and implementing the budget and for

presenting and auditing accounts;

(b) determine the methods and procedure whereby the budget revenue

provided under the arrangements relating to the Community's own

resources shall be made available to the Commission, and determine

the measures to be applied, if need be, to meet cash requirements;

(c) lay down rules concerning the responsibility of financial controllers,

authorizing officers and accounting officers, and concerning

appropriate arrangements for inspection."

77) The following article shall be inserted:

"ARTICLE 209a

Member States shall take the same measures to counter fraud

affecting the financial interests of the Community as they take to

counter fraud affecting their own financial interests.

Without prejudice to the other provisions of the Treaty, Member States

shall co-ordinate their action aimed at protecting the financial interests

of the Community against fraud. To this end they shall organize, with

the help of the Commission, close and regular co-operation between

the competent departments of their administrations."

78) Article 215 shall be replaced by the following:

"ARTICLE 215

The contractual liability of the Community shall be governed by the

law applicable to the contract in question.

In the case of non-contractual liability, the Community shall, in

accordance with the general principles common to the law of the

Member States, make good any damage caused by its institutions or

by its servants in the performance of their duties.

The preceding paragraph shall apply under the same conditions to

damage caused by the ECB or by its servants in the performance of

their duties.

The personal liability of its servants towards the Community shall be

governed by the provisions laid down in their Staff Regulations or in

the Conditions of Employment applicable to them."

79) Article 227 shall be amended as follows:

(a) paragraph 2 shall be replaced by the following:

"2. With regard to the French overseas departments, the general and

particular provisions of this Treaty relating to:

- the free movement of goods;

- agriculture, save for Article 40 (4);

- the liberalization of services

- the rules on competition;

- the protective measures provided for in Articles 109h, 109i and 226;

- the institutions,

shall apply as soon as this Treaty enters into force.

The conditions under which the other provisions of this Treaty are to

apply shall be determined, within two years of entry into force of this

Treaty, by decisions of the Council, acting unanimously on a proposal

from the Commission.

The institutions of the Community will, within the framework of the

procedures provided for in this Treaty, in particular Article 226, take

care that the economic and social developments of these areas is

made possible."

(b) in paragraph 5, subparagraph (a) shall be replaced by the following:

"(a) this Treaty shall not apply to the Faroe Islands."

80) Article 228 shall be replaced by the following:

"ARTICLE 228

1. Where this Treaty provides for the conclusion of agreements

between the Community and one or more States or international

organizations, the Commission shall make recommendations to the

Council, which shall authorize the Commission to open the necessary

negotiations. The Commission shall conduct these negotiations in

consultation with special committees appointed by the Council to

assist it in this task and within the framework of such directives as the

Council may issue to it.

In exercising the powers conferred upon it by this paragraph, the

Council shall act by a qualified majority, except in the cases provided

for in the second sentence of paragraph 2, for which it shall act

unanimously.

2. Subject to the powers vested in the Commission in this field, the

agreements shall be concluded by the Council, acting by a qualified

majority on a proposal from the Commission. The Council shall act

unanimously when the agreement covers a field for which unanimity is

required for the adoption of internal rules, and for the agreements

referred to in Article 238.

3. The Council shall conclude agreements after consulting the

European Parliament, except for the agreements referred to in Article

113(3), including cases where the agreement covers a field for which

the procedure referred to in Article 189b or that referred to in Article

189c is required for the adoption of internal rules. The European

Parliament shall deliver its opinion within a time limit which the

Council may lay down according to the urgency of the matter. In the

absence of an opinion within that time limit, the Council may act.

By way of derogation from the previous subparagraph, agreements

referred to in Article 238, other agreements establishing a specific

institutional framework by organizing co-operation procedures,

agreements having important budgetary implications for the

Community and agreements entailing amendment of an act adopted

under the procedure referred to in Article 189b shall be concluded after

the assent of the European Parliament has been obtained.

The Council and the European Parliament may, in an urgent situation,

agree upon a time limit for the assent.

4. When concluding an agreement , the Council may, by way of

derogation from paragraph 2, authorize the Commission to approve

modifications on behalf of the Community where the agreement

provides for them to be adopted by a simplified procedure or by a

body set up by the agreement; it may attach specific conditions to

such authorization.

5. When the Council envisages concluding an agreement which calls

for amendments to this Treaty, the amendments must first be adopted

in accordance with the procedure laid down in Article N of the Treaty on

European Union.

6. The Council, the Commission or a Member State may obtain the

opinion of the Court of Justice as to whether an agreement envisaged

is compatible with the provisions of this Treaty. Where the opinion of

the Court of Justice is adverse, the agreement may enter into force

only in accordance with Article N of the Treaty on European Union.

7. Agreements concluded under the conditions set out in this Article

shall be binding on the institutions of the Community and on Member

States."

81) The following Article shall be inserted:

"ARTICLE 228a

Where it is provided, in a common position or in a joint action adopted

according to the provisions of the Treaty on European Union relating to

the common foreign and security policy, for an action by the

Community to interrupt or to reduce, in part or completely, economic

relations with one or more third countries, the Council shall take the

necessary urgent measures. The Council shall act by a qualified

majority on a proposal from the Commission."

82) Article 231 shall be replaced by the following:

"ARTICLE 231

The Community shall establish close co-operation with the

Organization for Economic Cooperation and Development, the details

of which shall be determined by common accord."

83) Article 236 and 237 shall be repealed.

84) Article 328 shall be replaced by the following:

"ARTICLE 238

The Community may conclude with one or more states or international

organizations agreements establishing an association involving

reciprocal rights and obligations, common action and special

procedures."

F. In Annex III:

85) The title shall be replaced by the following:

"List of invisible transactions referred to in Article 73h of this Treaty".

G. In the Protocol on the Statue of the European Investment Bank:

86) The reference to Articles 129 and 130 shall be replaced by a

reference to Articles 198b and 198e.

TITLE3

PROVISIONS AMENDING THE TREATY ESTABLISHING THE

EUROPEAN COAL AND STEEL COMMUNITY

ARTICLE H

The Treaty establishing the European Coal and Steel Community shall

be amended in accordance with the provisions of this Article.

1) Article 7 shall be replaced by the following:

"ARTICLE 7

The institutions of the Community shall be:

- a HIGH AUTHORITY (hereinafter referred to as "the Commission");

- a COMMON ASSEMBLY (hereinafter referred to as "the European

Parliament");

- a SPECIAL COUNCIL OF MINISTERS (hereinafter referred to as "the

Council");

- a COURT OF JUSTICE;

- a COURT OF AUDITORS.

The Commission shall be assisted by a Consultative Committee."

2) The following Articles shall be inserted:

"ARTICLE 9

1. The Commission shall consist of seventeen members, who shall be

chosen on the grounds of their general competence and whose

independence is beyond doubt.

The number of members of the Commission may be altered by the

Council, acting unanimously.

Only nationals of the Member States may be members of the

Commission.

The commission must include at least one national of each of the

Member States, but may not include more than two members having

the nationality of the same State.

2. The members of the Commission shall, in the general interest of the

Community, be completely independent in the performance of their

duties.

In the performance of these duties, they shall neither seek nor take

instructions from any government or from any other body. They shall

refrain from any action incompatible with their duties. Each Member

State undertakes to respect this principle and not to seek to influence

the members of the Commission in the performance of their tasks.

The members of the Commission may not, during their term of office,

engage in any other occupation whether gainful or not. When entering

upon their duties they shall give a solemn undertaking that, both

during and after their term of office, they will respect the obligations

arising therefrom and in particular their duty to behave with integrity

and discretion as regards the acceptance, after they have ceased to

hold office, of certain appointments or benefits. In the event of any

breach of these obligations, the Court of Justice may, on application

by the Council or the Commission, rule that the member concerned be,

according to the circumstances, either compulsorily retired in

accordance with Article 12a or deprived of his right to a pension or

other benefits in its stead.

ARTICLE 10

1. The members of the Commission shall be appointed in accordance

with the procedure referred to in paragraph 2, for a period of five

years, subject, if need be, to Article 24.

Their term of office shall be renewable.

2. The governments of the Member States shall nominate by common

accord, after consulting the European Parliament, the person they

intend to appoint as President of the Commission.

The governments of the Members States shall, in consultation with the

nominee for the President, nominate the other persons whom they

intend to appoint as members of the Commission.

The President and the other members of the Commission thus

nominated shall be subject as a body to a vote of approval by the

European Parliament. After approval by the European Parliament, the

President and the other members of the Commission shall be

appointed by common accord of the Member States.

3. Paragraphs 1 and 2 shall be applied for the first time to the

President and the other members of the Commission whose term of

office begins on 7 January 1995.

The President and the other members of the Commission whose term

of office beings on 7 January 1993 shall be appointed by common

accord of the governments of the Member States. Their term of office

shall expire on 6 January 1995.

ARTICLE 11

The Commission may appoint a Vice-President or two Vice-Presidents

from among its members.

ARTICLE 12

Apart from normal replacement, or death, the duties of a member of the

Commission shall end when he resigns or is compulsorily retired.

The vacancy thus caused shall be filled for the remainder of the

members term of office by a new member appointed by common

accord of the governments of the Member States. The Council may,

acting unanimously, decide that such a vacancy need not be filled.

In the event of resignation, compulsory retirement or death, the

President shall be replaced for the remainder of his term of office. The

procedure laid down in Article 10(2) shall be applicable for the

replacement of the President.

Save in the case of compulsory retirement under Article 12a, members

of the Commission shall remain in office until they have been

replaced.

ARTICLE 12a

If any member of the Commission no longer fulfils the conditions

required for the performance of his duties or if he has been guilty of

serious misconduct, the Court of Justice may, on application by the

Council or the Commission, compulsorily retire him.

ARTICLE 13

The Commission shall act by a majority of the number of members

provided for in Article 9.

A meeting of the Commission shall be valid only if the number of

members laid down in its rules of procedure is present."

3) Article 16 shall be replaced by the following:

"ARTICLE 16

The Commission shall make all appropriate administrative

arrangements for the operation of its departments.

It may set up study committees, including an economic study

committee.

The Council and the Commission shall consult each other and shall

settle by common accord their methods of co-operation.

The Commission shall adopt its rules of procedure so as to ensure

that both it and its departments operate in accordance with the

provisions of this Treaty. It shall ensure that these rules are

published."

4) The following article shall be inserted:

"ARTICLE 17

The commission shall publish annually, not later than one month

before the opening of the session of the European Parliament, a

general report on the activities of the Community."

5) The following subparagraph shall be added to Article 18:

"The Council shall, acting by a qualified majority, determine any

payment to be made instead of remuneration."

6) The following Articles shall be inserted:

"ARTICLE 20a

The European Parliament may, acting by a majority of its members,

request the Commission to submit any appropriate proposal on

matters which it considers that a Community act is required for the

purpose of implementing this Treaty.

ARTICLE 20b

In the course of its duties, the European Parliament may, at the

request of a quarter of its members, set up a temporary Committee of

Inquiry to investigate, without prejudice to the powers conferred by

this Treaty on other institutions or bodies, alleged contraventions or

maladministration in the implementation of Community law, except

where the alleged facts are being examined before a Court and while

the case is still subject to legal proceedings.

The temporary Committee of Inquiry shall cease to exist on the

submission of its report.

The detailed provisions governing the exercise of the right of inquiry

shall be determined by common accord of the European Parliament,

the Council, and the Commission.

ARTICLE 20c

Any citizen of the Union, and any natural or legal person residing or

having its registered office in a Member State, shall have the right to

address, individually or in association with other citizens or persons,

a petition to the European Parliament on a matter which comes within

the Community's field's of activity and which affects him, her or it

directly.

ARTICLE 20d

1. The European Parliament shall appoint an Ombudsman empowered

to receive complaints from any citizen of the Union or any natural or

legal person residing or having its registered office in a Member State

concerning instances of maladministration in the activities of the

Community institutions or bodies, with the exception of the Court of

Justice and the Court of First Instance acting in their judicial role.

In accordance with his duties, the Ombudsman shall conduct enquiries

for which he finds grounds, either on his own initiative or on the basis

of complaints submitted to him direct or through a member of the

European Parliament, except where the alleged facts are or have been

the subject of legal proceedings. Where the Ombudsman establishes

an instance of maladministration, he shall refer the matter to the

institution concerned, which shall have a period of three months in

which to inform him of its views. The Ombudsman shall then forward a

report to the European Parliament, and the institution concerned. The

person lodging the complaint shall be informed of the outcome of such

inquiries.

The Ombudsman shall submit an annual report to the European

Parliament on the outcome of his inquiries.

2. The Ombudsman shall be appointed after each election of the

European parliament for the duration of its term of office. The

Ombudsman shall be eligible for reappointment.

The Ombudsman may be dismissed by the Court of Justice at the

request of the European Parliament if he no longer fulfils the

conditions required for the performance of his duties or if he is guilty

of serious misconduct.

3. The Ombudsman shall be completely independent in the

performance of his duties. In the performance of those duties he shall

neither seek nor take instructions from any body. The Ombudsman

may not, during his term of office, engage in any other occupation,

whether gainful or not.

4. The European Parliament shall, after seeking an opinion from the

Commission and with the approval of the Council acting by a qualified

majority, lay down the regulations and general conditions governing

the performance of the Ombudsman's duties."

7) Paragraph 3 of Article 21 shall be replaced by the following:

"3. The European Parliament shall draw up proposals for elections by

direct universal suffrage in accordance with a uniform procedure in all

Member States.

The Council shall, acting unanimously after obtaining the assent of the

European Parliament, which shall act by a majority of its component

members, lay down the appropriate provisions, which it shall

recommend to Member States for adoption in accordance with their

respective constitutional requirements."

8) Article 24 shall be replaced by the following:

"ARTICLE 24

The European Parliament shall discuss in open session the general

report submitted to it by the Commission.

If a motion of censure on the activities of the Commission is tabled

before it, the European Parliament shall not vote thereon until at least

three days after the motion has been tabled and only by open vote.

If a motion of censure is carried by a two-thirds majority of the votes

cast, representing a majority of the members of the European

Parliament, the members of the Commission shall resign as a body.

They shall continue to deal with current business until they are

replaced in accordance with Article 10. In this case, the term of office

the members of the Commission appointed to replace them shall

expire on the date on which the term of office of the members of the

Commission obliged to resign as a body would have expired."

9) The following Articles shall be inserted:

"ARTICLE 27

The Council shall consist of a representative of each Member State at

a ministerial level, authorized to commit the government of that

Member State.

The office of President shall be held in turn by each Member State in

the Council for a term of six months, in the following order of Member

States:

- for a first cycle of six years: Belgium, Denmark, Germany, Greece,

Spain, France, Ireland, Italy, Luxembourg, Netherlands, Portugal,

United Kingdom;

- for the following cycle of six years: Denmark, Belgium, Greece,

Germany, France, Spain, Italy, Ireland, Netherlands, Luxembourg,

United Kingdom, Portugal.

ARTICLE 27a

The Council shall meet when convened by its President on his own

initiative or at the request of one of its members or of the

Commission."

10) The following Article shall be inserted:

"ARTICLE 29

The Council shall, acting by a qualified majority, determine the

salaries, allowances and pensions of the President and members of

the Commission, and of the President, Judges, Advocates-General and

Registrar of the Court of Justice. It shall also, again by a qualified

majority, determine any payment to be made instead of remuneration,

ARTICLE 30

1. A committee consisting of the Permanent Representatives of the

Member States shall be responsible for preparing the work of the

Council and for carrying out the tasks assigned to it by the Council.

2. The Council shall be assisted by a General Secretariat, under the

direction of a Secretary General. The Secretary-General shall be

appointed by the Council acting unanimously.

The Council shall decide on the organization of the General

Secretariat.

3. The Council shall adopt its rules of procedure."

11) Article 32 shall be replaced by the following;

"ARTICLE 32

The Court of Justice shall consist of thirteen Judges.

The Court of Justice shall sit in plenary session. It may, however, form

Chambers, each consisting of three or five Judges, either to undertake

certain preparatory inquiries, or to adjudicate on particular categories

of cases in accordance with the rules laid down for these purposes.

The Court of Justice shall sit in plenary session when a Member State

or a Community institution that is a party to the proceedings so

requests.

Should the Court of Justice so request, the Council may, acting

unanimously, increase the number of Judges and make the necessary

adjustments to the second and third paragraphs of this Article and to

the second paragraph of Article 32b."

12) Article 32d shall be replaced by the following:

"ARTICLE 32d

1. A Court of First Instance shall be attached to the Court of Justice

with jurisdiction to hear and determine at first instance, subject to a

right of appeal to the Court of Justice on points of law only and in

accordance with the conditions laid down by the Statute, certain

classes of action or proceeding defined in accordance with the

conditions laid down by the Statute, certain classes of action or

proceeding defined in accordance with the conditions laid down in

paragraph 2. The Court of First Instance shall not be competent to hear

and determine questions referred for a preliminary ruling under Article

41.

2. At the request of the Court of Justice and after consulting the

European Parliament and the Commission, the Council, acting

unanimously, shall determine the classes of action or proceeding

referred to in paragraph 1, and the composition of the Court of First

instance and shall adopt the necessary adjustments and additional

provisions to the Statute of the Court of Justice. Unless the Council

decides otherwise, the provisions of this Treaty relating to the Court of

Justice, in particular the provisions of the Protocol on the Statute of the

Court of Justice, shall apply to the Court of the First Instance.

3. The members of the Court of First instance shall be chosen from

persons whose independence is beyond doubt and who possess the

ability required for appointment to judicial office; they shall be

appointed by common accord of the governments of the Member

States for a term of six years. The membership shall be partially

renewed every three years. Retiring members shall be eligible for re-

appointment.

4. The Court of First Instance shall establish its rules of procedure in

agreement with the Court of Justice. Those rules shall require the

unanimous approval of the Council."

13) Article 33 shall be replaced by the following:

"ARTICLE 33

The Court of Justice shall have jurisdiction in actions brought by a

Member State or by the Council to have decisions or

recommendations of the Commission declared void on grounds of lack

of competence, infringement of an essential procedural requirement,

infringement of this Treaty or of any rule of law relating to its

application, or misuse of powers. The Court of Justice may not,

however, examine the evaluation of the situation, resulting from

economic facts or circumstances, in the light of which the Commission

took its decisions or made its recommendations, save where the

Commission is alleged to have misused its powers or to have

manifestly failed to observe the provisions of the Treaty or any rule of

law relating to its application.

Undertakings or associations referred to in Article 48 may, under the

same conditions, institute proceedings against decisions or

recommendations concerning them which are individual in character or

against general decisions or recommendations which they consider to

involve a misuse of powers affecting them.

The proceedings provided for in the first two paragraphs of this Article

shall be instituted within one month of the notification or publication,

as the case may be, of the decision or recommendation.

The Court of Justice shall have jurisdiction under the same conditions

in actions brought by the European Parliament for the purpose of

protecting its prerogatives."

14) The following chapter shall be inserted:

"CHAPTER V

THE COURT OF AUDITORS

ARTICLE 45a

The Court of Auditors shall carry out the audit.

ARTICLE 45b

1. The Court of Auditors shall consist of twelve members.

2. The members of the Court of Auditors shall be chosen from among

persons who belong or have belonged in their respective countries to

external audit bodies or who are especially qualified for this office.

Their independence must be beyond doubt.

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

of six years by the Council, acting unanimously after consulting the

European Parliament.

However, when the first appointments are made, four members of the

Court of Auditors, chosen by lot, shall be appointed for a term of office

of four years only.

The members of the Court of Auditors shall be eligible for

reappointment.

They shall elect the President of the Court of Auditors from among their

number for a term of three years. The President may be re-elected.

4. The members of the Court of Auditors shall, in the general interest of

the Community, be completely independent in the performance of their

duties.

In the performance of these duties, they shall neither seek nor take

instructions from any government or from any other body. They shall

refrain from any action incompatible with their duties.

5. The members of the Court of Auditors may not, during their term of

office, engage in any other occupation, whether gainful or not. When

entering upon their duties they shall give a solemn undertaking that,

both during and after their term of office, they will respect the

obligations arising therefrom and in particular their duty to behave

with integrity and discretion as regards the acceptance, after they

have ceased to hold office, of certain appointments or benefits.

6. Apart from normal replacement, or death, the duties of a member of

the Court of Auditors shall end when he resigns, or is compulsorily

retired by a ruling of the Court of Justice pursuant to paragraph 7.

The vacancy thus caused shall be filled for the remainder of the

member's term of office.

Save in the case of compulsory retirement, members of the Court of

Auditors shall remain in office until they have been replaced.

7. A member of the Court of Auditors may be deprived of his office or of

his right to a pension or other benefits in its stead only if the Court of

Justice, at the request of the Court of Auditors, finds that he no longer

fulfills the requisite conditions or meets the obligations arising from

his office.

8. The Council, acting by a qualified majority, shall determine the

conditions of employment of the President and the members of the

Court of Auditors and in particular their salaries, allowances and

pensions. It shall also, by the same majority, determine any payment

to be made instead of remuneration.

9. The provisions of the Protocol on the Privileges and Immunities of

the European Communities applicable to the Judges of the Court of

Justice shall also apply to the members of the Court of Auditors.

ARTICLE 45c

1. The Court of Auditors shall examine the accounts of all revenue and

expenditure of the Community. It shall also examine the accounts of

all revenue and expenditure of all bodies set up by the Community in

so far as the relevant constituent instrument does not preclude such

examination.

The Court of Auditors shall provide the European Parliament and the

Council with a statement of assurance as to the reliability of the

accounts and the legality and regularity of the underlying transactions.

2. The Court of Auditors shall examine whether all revenue referred to

in paragraph 1 has been received and all expenditure referred to in

that paragraph has been incurred in a lawful and regular manner and

whether the financial management has been sound.

The audit of revenue shall be carried out on the basis of the amounts

established as due and the amounts actually paid to the community.

The audit of expenditure shall be carried out on the basis both of

commitments undertaken and payments made.

These audits may be carried out before the closure of accounts for the

financial year in question.

3. The audit shall be based on records and, if necessary, performed

on the spot in the other institutions of the Community and in the

Member States. In the Member States the audit shall be carried out in

liaison with the national audit bodies or, if these do not have the

necessary powers, with the competent national departments. Theses

bodies or departments shall inform the Court of Auditors whether they

intend to take part in the audit.

The other institutions of the Community and the national audit bodies

or, if these do not have the necessary powers, the competent national

departments, shall forward to the Court of Auditors, at its request, any

document or information necessary to carry out its task.

4. The Court of Auditors shall draw up an annual report after the close

of each financial year. It shall be forwarded to the other institutions of

the Community and shall be published, together with the replies of

these institutions to the observations of the Court of Auditors, in the

Official Journal of the European Communities.

The Court of Auditors may also, at any time, submit observations,

particularly in the form of special reports, on specific questions and

deliver opinions at the request of one of the other institutions of the

Community.

It shall adopt its annual reports, special reports or opinions by a

majority of its members.

It shall assist the Europe and Parliament and the Council in exercising

their powers of control over the implementation of the budget.

5. The Court of Auditors shall also draw up a separate annual report

stating whether the accounting other than that for the expenditure and

revenue referred to in paragraph 1 and the financial management by

the Commission relating thereto have been effected in a regular

manner. It shall draw up this report within six months of the end of the

financial year to which the accounts refer and shall submit it to the

Commission and the Council. The Commission shall forward it to the

European Parliament."

15) Article 78c shall be replaced by the following:

"ARTICLE 78c

The Commission shall implement the administrative budget, in

accordance with the provisions of the regulations made pursuant to

Article 78h, on its own responsibility and within the limits of the

appropriations, having regard to the principles of sound financial

management.

The regulations shall lay down detailed rules for each institution

concerning its part in effecting its own expenditure.

Within the administrative budget, the Commission may, subject to the

limits and conditions laid down in the regulations made pursuant to

Article 78h, transfer appropriations from one chapter to another or from

one subdivision to another."

16) Articles 78e and 78f shall be repealed.

17) Article 78g shall be replaced by the following:

"ARTICLE 78g

1. The European Parliament, acting on a recommendation from the

Council, which shall act by a qualified majority, shall give a discharge

to the Commission in respect of the implementation of the

administrative budget. To this end, the Council and the European

Parliament in turn shall examine the account and the financial

statement referred to in Article 78d, the annual report by the Court of

Auditors together with the replies of the institutions under audit to the

observations of the Court of Auditors, and any relevant special reports

by the Court of Auditors.

2. Before giving a discharge to the Commission, or for any other

purpose in connection with the exercise of its powers over the

implementation of the administrative budget, the European Parliament

may ask to hear the Commission give evidence with regard to the

execution of expenditure or the operation of financial control systems.

The Commission shall submit any necessary information to the

European Parliament at the latter's request.

3. The Commission shall take all appropriate steps to act on the

observations in the decisions giving discharge on other observations

by the European Parliament relating to the execution of expenditure,

as well as on comments accompanying the recommendations on

discharge adopted by the Council.

At the request of the European Parliament or Council, the Commission

shall report on the measures taken in the light of these observations

and comments and in particular on the instructions given to the

departments which are responsible for the implementation of the

administrative budget. These reports shall also be forwarded to the

Court of Auditors."

18) Article 78h shall be replaced by the following:

"ARTICLE 78h

The Council, acting unanimously on a proposal from the Commission

and after consulting the European Parliament and obtaining the

opinion of the Court of Auditors, shall:

a) make Financial Regulations specifying in particular the procedure to

be adopted for establishing the implementing the administrative

budget and for presenting and auditing accounts;

b) determine the methods and procedure whereby the budget revenue

provided under the arrangements relating to the Communities' own

resources shall be made available to the Commission, and determine

the measures to be applied, if need be, to meet cash requirements;

c) lay down rules concerning the responsibility of financial controllers,

authorizing officers and accounting officers, and concerning

appropriate arrangements for inspection."

19) The following Article shall be inserted:

"ARTICLE 78i

Member States shall take the same measures to counter fraud

affecting the financial interests of the Community as they take to

counter fraud affecting their own financial interests.

Without prejudice to other provisions of this Treaty, Member States

shall co-ordinate their action aimed at protecting the financial interests

of the Community against fraud. To this end they shall organize, with

the help of the Commission, close and regular co-operation between

the competent departments of their administrations."

20) Article 79(a) shall be replaced by the following:

"(a) This Treaty shall not apply to the Faroe Islands."

21) Articles 96 and 98 shall be repealed.

TITLE4

PROVISIONS AMENDING THE TREATY ESTABLISHING THE

EUROPEAN ATOMIC ENERGY COMMUNITY

ARTICLE 1

The Treaty establishing European Atomic Energy Community shall be

amended in accordance with the provisions of this Article.

1) Article 3 shall be replaced by the following:

"ARTICLE 3

1) The tasks entrusted to the Community shall be carried out by the

following institutions:

- a EUROPEAN PARLIAMENT,

- a COUNCIL,

- a COMMISSION,

- a COURT OF JUSTICE,

- a COURT OF AUDITORS.

Each institution shall act within the limits of the powers conferred upon

it by this Treaty.

2. The Council and the Commission shall be assisted by an Economic

and Social Committee acting in an advisory capacity."

2) The following Articles shall be inserted:

"ARTICLE 107a

The European Parliament may, acting by a majority of its members,

request the Commission to submit any appropriate proposal on

matters on which it considers that a Community act is required for the

purpose of implementing this Treaty.

ARTICLE 107b

In the course of its duties, the European Parliament may, at the

request of a quarter of its members, set up a temporary Committee of

Inquiry to investigate, without prejudice to the powers conferred by

this Treaty on other institutions or bodies, alleged contraventions or

maladministration in the implementation of Community law, except

where the alleged facts are being examined before a court and while

the case is still subject to legal proceedings.

The temporary Committee of Inquiry shall cease to exist on the

submission of its report.

The detailed provisions governing the exercise of the right of inquiry

shall be determined by common accord of the European Parliament,

the Council and the Commission.

ARTICLE 107c

Any citizen of the Union, and any natural or legal person residing or

having its registered office in a Member State, shall have the right to

address, individually or in association with other citizens or persons,

a petition to the European Parliament on a matter which comes within

the Community's fields of activity and which affects him, her or it

directly.

ARTICLE 107d

1. The European Parliament shall appoint an Ombudsman empowered

to receive complaints from any citizen of the Union or any natural or

legal person residing or having its registered office in a Member State

concerning instances of maladministration in the activities of the

Community institutions or bodies, with the exception of the Court of

Justice and the Court of First Instance acting in their judicial role.

In accordance with his duties, the Ombudsman shall conduct inquiries

for which he finds grounds, either on his own initiative or on the basis

of complaints submitted to him direct or through a member of the

European Parliament, except where the alleged facts are or have been

the subject of legal proceedings. Where the Ombudsman establishes

an instance of maladministration, he shall refer the matter to the

institution concerned. The person lodging the complaint shall be

informed of the outcome of such inquiries.

The Ombudsman shall submit an annual report to the European

Parliament on the outcome of his inquiries.

2. The Ombudsman shall be appointed after each election of the

European Parliament for the duration of its term of office. The

Ombudsman shall be eligible for reappointment.

The Ombudsman may be dismissed by the Court of Justice at the

request of the European Parliament if he no longer fulfils the

conditions required for the performance of his duties or if he is guilty

of serious misconduct.

3. The Ombudsman shall be completely independent in the

performance of his duties. In the performance of those duties he shall

neither seek nor take instructions form any body. The Ombudsman

may not, during his term of office, engage in any other occupation,

whether gainful or not.

4. The European Parliament shall, after seeking an opinion from the

Commission and with the approval of the Council acting by a qualified

majority, lay down the regulations and general conditions governing

the performance of the Ombudsman's duties."

3) Paragraph 3 of Article 108 shall be replaced by the following:

"3. The European Parliament shall draw up proposals for elections by

direct universal suffrage in accordance with a uniform procedure in all

Member States.

The Council shall, acting unanimously after obtaining the assent of the

European Parliament, which shall act by a majority of its component

members, lay down the appropriate provisions, which it shall

recommend to Member States for adoption in accordance with their

respective constitutional requirements."

4) The second subparagraph of Article 114 shall be supplemented by

the following sentence:

"In this case, the term of office of the members of the Commission

appointed to replace them shall expire on the date on which the term

of office of the members of the Commission obliged to resign as a

body would have expired."

5) The following Articles shall be inserted:

"ARTICLE 116

The Council shall consist of a representative of each Member State at

ministerial level, authorized to commit the government of that Member

State.

The office of President shall be held in turn by each Member State in

the Council for a term of six months, in the following order of Member

States.

- for a first cycle of six years: Belgium, Denmark, Germany, Greece,

Spain, France, Ireland, Italy, Luxembourg, Netherlands, Portugal,

United Kingdom.

- for the following cycle of six years: Denmark, Belgium, Greece,

Germany, France, Spain, Italy, Ireland, Netherlands, Luxembourg,

United Kingdom, Portugal.

ARTICLE 117

The Council shall meet when convened by its President on his own

initiative or at the request of one of its members or of the

Commission."

6) The following Article shall be inserted:

"ARTICLE 121

1. A committee consisting of the Permanent Representatives of the

Member States shall be responsible for preparing the work of the

Council and for carrying out the tasks assigned to it by the Council.

2. The Council shall be assisted by a General Secretariat, under the

direction of a Secretary-General. The Secretary-General shall be

appointed by the Council acting unanimously.

The Council shall decide on the organization of the General

Secretariat.

3. The Council shall adopt its rules of procedure."

7) The following Article shall be inserted:

"ARTICLE 123

The Council shall, acting by a qualified majority, determine the

salaries, allowances and pensions of the President and members of

the Commission, and of the President, Judges, Advocates-General and

Registrar of the Court of Justice. It shall also, again by a qualified

majority, determine any payment to be made instead of remuneration."

8) The following Articles shall be inserted;

"ARTICLE 125

The Commission shall publish annually, not later than one month

before the opening of the session of the European Parliament, a

general report on the activities of the Community.

ARTICLE 126

1. The Commission shall consist of seventeen members, who shall be

chosen on the grounds of their general competence and whose

independence is beyond doubt.

The number of members of the Commission may be altered by the

Council, acting unanimously.

Only nationals of the Member States may be members of the

Commission.

The Commission must include at least one national of each of the

Member States, but may not include more than two members having

the nationality of the same State.

2. The members of the Commission shall, in the general interest of the

Community, be completely independent in the performance of their

duties.

In the performance of these duties, they shall neither seek nor take

instructions from any government or from any other body. They shall

refrain from any action incompatible with their duties. Each Member

State undertakes to respect this principle and not to seek to influence

the members of the Commission in the performance of their tasks.

The members of the Commission may not, during their term of office,

engage in any other occupation, whether gainful or not. When entering

upon their duties they shall give a solemn undertaking that, both

during and after their term or office, they will respect the obligations

arising therefrom and in particular their duty to behave with integrity

and discretion as regards the acceptance after they have ceased to

hold office, of certain appointments or benefits. In the event of any

breach of these obligations arising therefrom and in particular their

duty to behave with integrity and discretion as regards the acceptance,

after they have ceased to hold office, of certain appointments or

benefits. In the event of any breach of these obligations, the Court of

Justice may, on application by the Council or the Commission, rule

that the member concerned be, according to the circumstances, either

compulsorily retired in accordance with Article 129 or deprived of his

right to a pension or other benefits in its stead.

ARTICLE 127

1. The members of the Commission shall be appointed, in accordance

with the procedure referred to in paragraph 2, for a period of five

years, subject, if need be, to Article 114.

Their term of office shall be renewable.

2. The governments of the Member States shall nominate by common

accord, after consulting the European Parliament, the person they

intend to appoint as President of the Commission.

The governments of the Member States shall, in consultation with the

nominee for President, nominate the other persons whom they intend

to appoint as members of the Commission.

The President and other members of the Commission thus nominated

shall be subject as a body to a vote of approval by the European

Parliament. After approval by the European Parliament, the President

and the other members of the Commission shall be appointed by

common accord of the governments of the Member States.

3. Paragraphs 1 and 2 shall be applied for the first time to the

President and other members of the Commission whose term of office

begins on 7 January 1995.

The President and the other members of the Commission whose term

of office begins on 7 January 1993 shall be appointed by common

accord of the governments of the Member States. Their term of office

shall expire on 6 January 1995.

ARTICLE 128

Apart from normal replacement, or death, the duties of a member of the

Commission shall end when he resigns or is compulsorily retired.

The vacancy thus caused shall be filled for the remainder of the

member's term of office by a new member appointed by common

accord of the governments of the Member States. The Council may,

acting unanimously, decide that such a vacancy need not be filled.

In the event of resignation, compulsory retirement or death, the

President shall be replaced for the remainder of his term of office. The

procedure laid down in Article 127(2) shall be applicable for the

replacement of the President.

Save in the case of compulsory retirement under Article 129, members

of the Commission shall remain in office until they have been

replaced.

ARTICLE 129

If any member of the Commission no longer fulfills the conditions

required for the performance of his duties or if he has been guilty of

serious misconduct, the Court of Justice may, on application by the

Council or Commission, compulsorily retire him.

ARTICLE 130

The Commission may appoint a Vice-President or two Vice-Presidents

from among its members.

ARTICLE 131

The Council and the Commission shall consult each other and shall

settle by common accord their methods of co-operation.

The Commission shall adopt its rules of procedure so as to ensure

that both it and its departments operate in accordance with the

provisions of the Treaty. It shall ensure that these rules are published.

ARTICLE 132

The Commission shall act by a majority of the number of members

provided for in Article 126.

A meeting of the Commission shall be valid only if the number of

members laid down in its rules of procedure is present."

9) Article 133 shall be repealed.

10) Article 137 shall be replaced by the following:

"ARTICLE 137

The Court of Justice shall consist of thirteen Judges.

The Court of Justice shall sit in plenary session. It may, however, form

Chambers, each consisting of three or five Judges, either to undertake

certain preparatory inquiries or to adjudicate on particular categories

of cases in accordance with the rules laid down for these purposes.

The Court of Justice shall Sit in plenary session when a Member State

or a Community institution that is a party to the proceedings so

requests.

Should the Court of Justice so request, the Council may, acting

unanimously, increase the number of Judges and make the necessary

adjustments to the second and third paragraphs of this Article 139."

11) Article 140a shall be replaced by the following:

"ARTICLE 140a

1. A Court of First Instance shall be attached to the Court of Justice

with jurisdiction to hear and determine at first instance, subject to a

right of appeal to the Court of Justice on points of law only and in

accordance with the conditions laid down by the Statute, certain

classes of action or proceeding defined in accordance with the

conditions laid down in paragraph 2. The Court of First Instance shall

not be competent to hear and determine questions referred for a

preliminary ruling under Article 150.

2. At the request of the Court of Justice and after consulting the

European Parliament and the Commission, the Council, acting

unanimously, shall determine the classes of action or proceeding

referred to in paragraph 1 and the composition of the Court of First

Instance and shall adopt the necessary adjustments and additional

provisions to the Statute of the Court of Justice. Unless the Council

decides otherwise, the provisions of this Treaty relating to the Court of

Justice, in particular the provisions of the Protocol on the Statute of the

Court of Justice, shall apply to the Court of the First Instance.

3. The members of the Court of First Instance shall be chosen from

persons whose independence is beyond doubt and who possess the

ability required for appointment to judicial office; they shall be

appointed by common accord of the governments of the Member

States for a term of six years. The membership shall be partially

renewed every three years. Retiring members shall be eligible for re-

appointment.

4. The Court of First Instance shall establish its rules of procedure in

agreement with the Court of Justice. Those rules shall require the

unanimous approval of the Council."

12) Article 143 shall be replaced by the following:

"ARTICLE 143

1. If the Court of Justice finds that a Member State has failed to fulfil an

obligation under this Treaty, the State shall be required to take the

necessary measures to comply with the judgment of the Court of

Justice.

2. If the Commission considers that the Member State concerned has

not taken such measures it shall, after giving that State the opportunity

to submit its observations, issue a reasoned opinion specifying the

points which the Member State concerned has not complied with the

judgment of the Court of Justice.

If the Member State concerned fails to take the necessary measures to

comply with the Court's judgment within the time-limit laid down by the

Commission, the latter may bring the case before the Court of Justice.

In so doing it shall specify the amount of the lump sum or penalty

payment to be paid by the Member State concerned which it considers

appropriate in the circumstances.

If the Court of Justice finds that the Member State concerned has not

complied with its judgment it may impose a lump sum or penalty

payment on it.

This procedure shall be without prejudice to Article 142."

13) Article 146 shall be replaced by the following:

"ARTICLE 146

The Court of Justice shall review the legality of acts of the Council and

of the Commission, other than recommendations and opinions, and of

acts of the European Parliament intended to produce legal effects vis-

a-vis third parties.

It shall for this purpose have jurisdiction in actions brought by a

Member State, the Council or the Commission on grounds of lack of

competence, infringement of this Treaty or of any rule of law relating to

its application, or misuse of powers.

The Court shall have jurisdiction under the same conditions in actions

brought by the European Parliament for the purpose of protecting its

prerogatives.

Any natural or legal person may, under the same conditions, institute

proceedings against a decision addressed to that person or against a

decision which, although in the form of a regulation or a decision

addressed to another person, is of direct and individual concern to the

former.

The proceedings provided for in this Article shall be instituted within

two months of the publication of the measure, or of its notification to

the plaintiff, or, in the absence thereof, of the day on which it came to

the knowledge of the latter, as the case may be."

14) The following Section shall be inserted;

"SECTION V

THE COURT OF AUDITORS

ARTICLE 160a

The Audit shall be carried out by the Court of ~Auditors.

ARTICLE 160b

1. The Court of Auditors shall consist of twelve members.

2. The members of the Court of Auditors shall be chosen from among

persons who belong or have belonged in their respective countries to

external audit bodies or who are especially qualified for this office.

Their independence must be beyond doubt.

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

of six years by the Council, acting unanimously after consulting the

European Parliament.

However, when the first appointments are made, four members of the

Court of Auditors, chosen by lot, shall be appointed for a term of office

of four years only.

The members of the Court of Auditors shall be eligible for

reappointment.

They shall elect the President of the Court of Auditors from among their

number for a term of three years. The President may be re-elected.

4. The members of the Court of Auditors shall, in the general interest of

the Community, be completely independent in the performance of their

duties.

In the performance of these duties, they shall neither seek nor take

instructions from any government or from any other body. They shall

refrain from any action incompatible with their duties.

5. The members of the Court of Auditors may not, during their term of

office, engage in any other occupation, whether gainful or not. When

entering upon their duties they shall give a solemn undertaking that,

both during and after their term of office, they will respect the

obligations arising therefrom and in particular their duty to behave

with integrity and discretion as regards the acceptance, after they

have ceased to hold office, of certain appointments or benefits.

6. Apart from normal replacement, or death, the duties of a member of

the Court of Auditors shall end when he resigns, or is compulsorily

retired by a ruling of the Court of Justice pursuant to paragraph 7.

The vacancy thus caused shall be filled for the remainder of the

member's term of office.

Save in the case of compulsory retirement, members of the Court of

Auditors shall remain in office until they have been replaced.

7. A member of the Court of Auditors may be deprived of his office or of

his right to a pension or other benefits in its stead only if the Court of

Justice, at the request of the Court of Auditors, finds that he no longer

fulfills the requisite conditions or meets the obligations arising from

his office.

8. The Council, acting by a qualified majority, shall determine the

conditions of employment of the President and the members of the

Court of Auditors and in particular their salaries, allowances and

pensions. It shall also, by the same majority, determine any payment

to be made instead of remuneration.

9. The provisions of the Protocol on the Privileges and Immunities of

the European Communities applicable to the judges of the Court of

Justice shall also apply to the members of the Court of Auditors.

ARTICLE 160c

1. The Court of Auditors shall examine the accounts of all revenue and

expenditure of the Community. It shall also examine the accounts of

all revenue and expenditure of all bodies set up by the Community

insofar as the relevant constituent instrument does not preclude such

examination.

The Court of Auditors shall provide the European Parliament and the

Council with a statement of assurance as to the reliability of the

accounts and the legality and regularity of the underlying transactions.

2. The Court of Auditors shall examine whether all revenue has been

received and all expenditure incurred in a lawful and regular manner

and whether the financial management has been sound.

The audit of revenue shall be carried out on the basis of the amounts

established as due and the amounts actually paid to the Community.

The audit of expenditure shall be carried out on the basis both of

commitments undertaken and payments made.

These audits may be carried out before the closure of accounts for the

financial year in question.

3. The audit shall be based on records and, if necessary, performed

on the spot in the other institutions of the Community and in the

Member States. In the Member States the audit shall be carried out in

liaison with the national audit bodies or, if these do not have the

necessary powers, with the competent national departments. These

bodies or departments shall inform the Court of Auditors whether they

intend to take part in the audit.

The other institutions of the Community and the national audit bodies

or, if these do not have the necessary powers, the competent national

department, shall forward to the Court of Auditors, at its request, any

document or information necessary to carry on its task.

4. The Court of Auditors shall draw up an annual report after the close

of each financial year. It shall be forwarded to the other institutions of

the Community and shall be published, together with the replies of

these institutions to the observations of the Court of Auditors, in the

Official Journal of the European Communities.

The Court of Auditors may also, at any time, submit observations,

particularly in the form of special reports, on specific questions and

deliver opinions at the request of one of the other institutions of the

Community.

It shall adopt its annual reports, special reports or opinions by a

majority of its members.

It shall assist the European Parliament and the Council in exercising

their powers of control over the implementation of the budget."

15) Article 166 shall be replaced by the following:

"ARTICLE 166

The number of members of the Economic and Social Committee shall

be as follows:

Belgium 12

Denmark 9

Germany 24

Greece 12

Spain 21

France 24

Ireland 9

Italy 24

Luxembourg 6

Netherlands 12

Portugal 12

United Kingdom 24

The members of the Committee shall be appointed by the Council,

acting unanimously, for four years. Their appointment shall be

renewable.

The members of the Committee may not be bound by any mandatory

instructions. They shall be completely independent in the performance

of their duties, in the general interest of the Community.

The Council, acting by qualified majority, shall determine the

allowances of the members of the Committee."

168 shall be replaced by the following;

"ARTICLE 168

The Committee shall elect its chairman and officers from among its

members for a term of two years.

It shall adopt its rules of procedure.

The Committee shall be convened by its chairman at the request of the

Council or of the Commission. It may also meet on its own initiative."

17) Article 170 shall be replaced by the following:

"ARTICLE 170

The Committee must be consulted by the Council or by the

Commission where this Treaty so provides. The Committee may be

consulted by these institutions in all cases in which they consider it

appropriate. It may issue an opinion on its own initiative in cases in

which it considers such action appropriate.

The Council or the Commission shall, if it considers it necessary, set

the Committee, for the submission of its opinion, a time limit which

may not be less than one month from the date on which the chairman

receives notification to this effect. Upon expiry of the time limit, the

absence of an opinion shall not prevent further action.

The opinion of the Committee and that of the specialized section,

together with a record of the proceedings, shall be forwarded to the

Council and to the Commission."

18) Paragraphs 1 to 3 of Article 172 shall be repealed.

19) Article 173 shall be replaced by the following:

"ARTICLE 173

Without prejudice to other revenue, the budget shall be financed

wholly from own resources.

The Council, acting unanimously on a proposal from the Commission

and after consulting the European Parliament, shall lay down

provisions relating to the system of own resources of the Community,

which it shall recommend to the Member States for adoption in

accordance with their respective constitutional requirements."

20) The following Article shall be inserted:

"ARTICLE 173a

With a view to maintaining budgetary discipline, the Commission shall

not make any proposal for a Community act, or alter its proposals, or

adopt any implementing measure which is likely to have appreciable

implications for the budget without providing the assurance that that

proposal or that measure is capable of being financed within the limit

to the Community's own resources arising under provisions laid down

by the Council pursuant to Article 173."

21) Article 179 shall be replaced by the following:

"ARTICLE 179

The Commission shall implement the budgets, in accordance with the

provisions of the regulations made pursuant to Article 183, on its own

responsibility and within the limits of the appropriations, having

regard to the principles of sound financial management.

The regulations shall lay down detailed rules for each institution

concerning its part in effecting its own expenditure.

Within the budgets, the Commission may, subject to the limits and

conditions laid down in the regulations made pursuant to Article 183,

transfer appropriations from one chapter to another or from on

subdivision to another."

22) Articles 180 and 180a shall be repealed.

23) Article 180b shall be replaced by the following:

"ARTICLE 180b

1. The European Parliament, acting on a recommendation from the

Council which shall act by a qualified majority, shall give a discharge

to the Commission in respect of the implementation of the budget. To

this end, the Council and the European Parliament in turn shall

examine the accounts and the financial statement referred to in Article

179a, the annual report by the Court of Auditors together with the

replies of the institutions under audit to the observations of the Court

of Auditors, and any relevant special reports by the Court of Auditors.

2. Before giving a discharge to the Commission, or for any other

purpose in connection with the exercise of its powers over the

implementation of the budget, the European Parliament may ask to

hear the Commission give evidence with regard to the execution of

expenditure or the operation of financial control systems. The

Commission shall submit any necessary information to the European

Parliament at the latter's request.

3. The Commission shall take all appropriate steps to act on the

observations in the decisions giving discharge and on the other

observations by the European Parliament relating to the execution of

expenditure, as well as on comments accompanying the

recommendations on discharge adopted by the Council.

At the request of the European Parliament or the Council, the

Commission shall report on the measures taken in the light of these

observations and comments and in particular of the instructions given

to the departments which are responsible for the implementation of the

budgets. These reports shall also be forwarded to the Court of

Auditors."

24) Article 183 shall be replaced by the following:

"ARTICLE 183

The Council, acting unanimously on a proposal from the Commission

and after consulting the European Parliament and obtaining the

opinion of the Court of Auditors, shall:

(a) make Financial Regulations specifying in particular the procedure

to be adopted for establishing and implementing the budget and for

presenting and auditing accounts;

(b) determine the methods and procedure whereby the budget revenue

provided under the arrangements relating to the Community's own

resources shall be made available to the Commission, and determine

the measures to be applied, if need be, to meet cash requirements;

(c) lay down rules concerning the responsibility of financial controllers,

authorizing officers and accounting officers, and concerning

appropriate arrangements for inspection."

25) The following Article shall be inserted:

"ARTICLE 183a

Member States shall take the same measures to counter fraud

affecting the financial interests of the Community as they take to

counter fraud affecting their own financial interests.

Without prejudice to other provisions of this Treaty, Member States

shall co-ordinate their actions aimed at protecting the financial

interests of the Community against fraud. To this end they shall

organize, with the help of the Commission, close and regular co-

operation between the competent departments of their

administrations."

26) Article 198)a) shall be replaced by the following:

"(a) This Treaty shall not apply to the Faroe Islands."

27) Article 201 shall be replaced by the following:

"ARTICLE 201

The Community shall establish close co-operation with the

Organization for Economic Co-operation and Development, the details

of which shall be determined by common accord."

28) Articles 204 and 205 shall be repealed.

29) Article 206 shall be replaced by the following:

"ARTICLE 206

The Community may conclude with one or more States or international

organizations agreements establishing an association involving

reciprocal rights and obligations, common action and special

procedures.

These agreements shall be concluded by the Council, acting

unanimously after consulting the European Parliament.

Where such agreements call for amendments to this Treaty, these

amendments shall first be adopted in accordance with the procedure

laid down in Article N of the Treaty on European Union."

TITLE5

PROVISIONS ON A COMMON FOREIGN AND SECURITY POLICY

ARTICLE J

A common foreign and security policy is hereby established which

shall be governed by the following provisions.

ARTICLE J.1

1. The union and its Member States shall define and implement a

common foreign and security policy, governed by the provisions of the

Title and covering all areas of foreign and security policy.

2. The objectives of the common foreign and security policy shall be:

- to safeguard the common values, fundamental interests and

independence of the Union;

- to strengthen the security of the Union and its Member States in all

ways;

- to preserve peace and strengthen international security, in

accordance with the principles of the United Nations Charter as well as

the principles of the Helsinki Final Act and the objectives of the Paris

Charter;

- to promote international co-operation;

- to develop and consolidate democracy and the rule of law, and

respect for human rights and fundamental freedoms.

3. The Union shall pursue these objectives;

- by establishing systematic co-operation between Member States in

the conduct of policy, in accordance with Article J.2;

- by gradually implementing, in accordance with Article J.3, joint action

in the areas in which the Member States have important interests in

common.

4. The Member States shall support the Union's external and security

policy actively and unreservedly in a spirit of loyalty and mutual

solidarity. They shall refrain from any action which is contrary to the

interests of the Union or likely to impair its effectiveness as a

cohesive force in international relations. The Council shall ensure that

these principles are complied with.

ARTICLE J.2

1. Member States shall inform and consult one another within the

Council on any matter of foreign and security policy of general interest

in order to ensure that their combined influence is exerted as

effectively as possible by means of concerted and convergent action.

2. Whenever it deems it necessary, the Council shall define a common

position.

Member States shall ensure that their national policies conform on the

common positions.

3. Member States shall co-ordinate their action in international

organizations and at international conferences. They shall uphold the

common positions in such fora.

In international organizations and at international conferences where

not all the Member States participate, those which do take part shall

uphold the common positions.

ARTICLE J.3

The procedure for adopting joint action in matters covered by foreign

and security policy shall be the following:

1. The Council shall decide, on the basis of general guidelines from

the European Council, that a matter should be the subject of joint

action.

Whenever the Council decides on the principle of joint action, it shall

lay down the specific scope, the Union's general and specific

objectives in carrying out such action, if necessary its duration, and

the means, procedures and conditions for its implementation.

2. The Council shall, when adopting the joint action and at any stage

during its development, define those matters on which decisions are

to be taken by a qualified majority.

Where the Council is required to act by a qualified majority pursuant to

the preceding subparagraph, the votes of its members shall be

weighted in accordance with Article 148(2) of the Treaty establishing

the European Community, and for their adoption, acts of the Council

shall require at least fifty-four votes in favour, cast by at least eight

members.

3. If there is a change in circumstances having a substantial effect on

a question subject to joint action, the Council shall review the

principles and objectives of that action and take the necessary

decisions. As long as the Council has not acted, the joint action shall

stand.

4. Joint actions shall commit the Member States in the positions they

adopt and in the conduct of their activity.

5. Whenever there is any plan to adopt a national position or take

national action pursuant to a joint action, information shall be provided

in time to allow, if necessary, for prior consultations within the Council.

The obligation to provide prior information shall not apply to measures

which are merely a national transposition of Council decisions.

6. In cases of imperative need arising from changes in the situation

and failing a Council decision, Member States may take the necessary

measures as a matter of urgency having regard to the general

objectives of the joint action. The Member State concerned shall

inform the Council immediately of any such measures.

7. Should there be any major difficulties in implementing a joint action,

a Member State shall refer them to the Council which shall discuss

them and seek appropriate solutions. Such solutions shall not run

counter to the objectives of the joint action or impair its effectiveness.

ARTICLE J.4

1. The common foreign and security policy shall include all questions

related to the security of the Union, including the eventual framing of a

common defence policy, which might in time lead to a common

defence.

2. The union requests the Western European Union (WEU), which is an

integral part of the development of the Union, to elaborate and

implement decisions and actions of the Union which have defence

implications. The Council shall, in agreement with the institutions of

the WEU, adopt the necessary practical arrangements.

3. Issues having defence implications dealt with under this Article

shall not be subject to the procedures set out in Article J.3.

4. The policy of the Union in accordance with this Article shall not

prejudice the specific character of the security and defence policy of

certain Member States and shall respect the obligations of certain

Member States under the North Atlantic Treaty and be compatible with

the common security and defence policy established within that

framework.

5. The provisions of this Article shall not prevent the development of

closer co-operation between two or more Member States on a bilateral

level, in the framework of the WEU and the Atlantic Alliance, provided

such co-operation does not run counter to or impede that provided for

in this Title.

6. With a view to furthering the objective of this Treaty, and having in

view the date of 1998 in the context of Article XII of the Brussels

Treaty, the provisions of this Article may be revised as provided for in

Article N(2) on the basis of a report to be presented in 1996 by the

Council to the European Council, which shall include an evaluation of

the progress made and the experience gained until then.

ARTICLE J.5

1. The Presidency shall represent the Union in matters coming within

the common foreign and security policy.

2. The Presidency shall be responsible for the implementation of

common measures; in that capacity it shall in principle express the

position of the Union in international organizations and international

conferences.

3. In the tasks referred to in paragraphs 1 and 2, the presidency shall

be assisted if needs be by the previous and next Member States to

hold the Presidency. The Commission shall be fully associated in

these tasks.

4. Without prejudice to Article J.2(3) and Article J.3(4), Member States

represented in international organizations or international conferences

where not all the Member States participate shall keep the latter

informed of any matter of common interest.

Member States which are also members of the United Nations Security

Council will concert and keep the other Member States fully informed.

Member States which are permanent members of the Security Council

will, in the execution of their functions, ensure the defence of the

positions and the interests of the union, without prejudice to their

responsibilities under the provisions of the United Nations Charter.

ARTICLE J.6

The diplomatic and consular missions of the Member States and the

Commission Delegations in third countries and international

conferences, and their representations to international organizations,

shall co-operate in ensuring that the common positions and common

measures adopted by the Council are complied with and implemented.

They shall step up co-operation by exchanging information, carrying

out joint assessments and contributing to the implementation of the

provisions referred to in Article 8c of the Treaty establishing the

European Community.

ARTICLE J.7

The Presidency shall consult the European Parliament on the main

aspects and the basic choices of the common foreign and security

policy and shall ensure that the views of the European Parliament are

duly taken into consideration. The European Parliament shall be kept

regularly informed by the Presidency and the Commission of the

development of the Union's foreign and security policy.

The European Parliament may ask questions of the Councils or make

recommendations to it. It shall hold an annual debate on progress in

implementing the common foreign and security policy.

ARTICLE J.8

1. The European Council shall define the principles of and general

guidelines for the common foreign and security policy.

2. The Council shall take the decisions necessary for defining and

implementing the common foreign and security policy on the basis of

the general guidelines adopted by the European Council. It shall

ensure the unity, consistency and effectiveness of action by the

Union.

The Council shall act unanimously, except for procedural questions

and in the case referred to in Article J.3(2).

3. Any Member State or the Commission may refer to the Council any

question relating to the common foreign policy and may submit

proposals to the Council.

4. In cases requiring a rapid decision, the Presidency, of its own

motion, or at the request of the Commission or a Member State, shall

convene an extraordinary Council meeting within forty-eight hours or,

in an emergency, within a shorter period.

5. Without prejudice to Article 151 of the Treaty establishing the

European Community, a Political Committee consisting of Political

Directors shall monitor the international situation in the areas covered

by common foreign and security policy and contribute to the definition

of policies by delivering opinions to the Council at the request of the

Council or on its own initiative. It shall also monitor the

implementation of agreed policies, without prejudice to the

responsibility of the Presidency and the Commission.

ARTICLE J.9

The Commission shall be fully associated with the work carried out in

the common foreign and security policy field.

ARTICLE J.10

On the occasion of any review of the security provisions under Article

J.4, the Conference which is convened to that effect shall also

examine whether any other amendments need to be made to

provisions relating to the common foreign and security policy.

ARTICLE J.11

1. The provisions referred to in Articles 137, 138, 139 to 142, 146, 147,

150 to 153, 157 to 163 and 217 of the Treaty establishing the

European Community shall apply to the provisions relating to the

areas referred to in this Title.

2. Administrative expenditure which the provisions relating to the

areas referred to in this Title entail for the institutions shall be charged

to the budget of the European Communities.

The Council may also:

- either decide unanimously that operational expenditure to which the

implementation of those provisions gives rise is to be charged to the

budget of the European Communities; in that event, the budgetary

procedure laid down in the Treaty establishing the European

Community shall be applicable;

- or determine that such expenditure shall be charged to the Member

States, where appropriate in accordance with a scale to be decided.

TITLE6

PROVISIONS ON COOPERATION IN THE FIELDS OF JUSTICE AND

HOME AFFAIRS

ARTICLE K

Co-operation in the fields of justice and home affairs shall be

governed by the following provisions.

ARTICLE K.1

For the purposes of achieving the objectives of the Union, in particular

the free movement of persons, and without prejudice to the powers of

the European Community, Member States shall regard the following

areas as matters of common interest:

1. asylum policy;

2. rules governing the crossing by persons of the external borders of

the Member States and the exercise of controls thereon;

3. immigration policy and policy regarding nationals of third countries;

(a) conditions of entry and movement by nationals of third countries

on the territory of Member States;

(b) conditions of residence by nationals of third countries on the

territory of Member States, including family reunion and access to

employment;

(c) combatting unauthorized immigration, residence and work by

nationals of third countries on the territory of Member States;

4. combating drug addiction in so far as this is not covered by 7 to 9;

5. combating fraud on an international scale in so far as this is not

covered by 7 to 9;

6. judicial co-operation in civil matters;

7. judicial co-operation in criminal matters;

8. customs co-operation;

9. police co-operation for the purposes of preventing and combating

terrorism, unlawful drug trafficking and other serious forms of

international crime, including if necessary certain aspects of customs

co-operation, in connection with the organization of a Union-wide

system for exchanging information within a European Police Office

(Europol).

ARTICLE K.2

1. The matters referred to in Article K.1 shall be dealt with in

compliance with the European Convention for the Protection of Human

Rights and Fundamental Freedoms of 4 November 1950 and the

Convention relating to the Status of Refugees of 28 July 1951 and

having regard to the protection afforded by Member States to persons

persecuted on political grounds.

2. This Title shall not affect the exercise of the responsibilities

incumbent upon Member States with regard to the maintenance of law

and order and the safeguarding of internal security.

ARTICLE K.3

1. In the areas referred to in Article K.1, Member States shall inform

and consult one another within the Council with a view to co-ordinating

their action. To that end, they shall establish collaboration between the

relevant departments of their administrations.

2. The Council may:

- on the initiative of any Member State or of the Commission, in the

areas referred to in Article K.1(1) to (6);

- on the initiative of any Member State, in the areas referred to Article

K1(7) to (9):

(a) adopt joint positions and promote, using the appropriate form and

procedures, any co-operation contributing to the pursuit of the

objectives of the Union;

(b) adopt joint action in so far as the objectives of the Union can be

attained better by joint action than by the Member States acting

individually on account of the scale or effects of the action envisaged;

it may decide that measures implementing joint action are to be

adopted by a qualified majority;

(c) without prejudice to Article 220 of the Treaty establishing the

European Community, draw up conventions which it shall recommend

to the Member States for adoption in accordance with their respective

constitutional requirements.

Unless otherwise provided by such conventions, measures

implementing them shall be adopted within the Council by a majority

of two-thirds of the High Contracting Parties.

Such conventions may stipulate that the Court of Justice shall have

jurisdiction to interpret their provisions and to rule on any disputes

regarding their application, in accordance with such arrangements as

they may lay down.

ARTICLE K.4

1. A Co-ordinating Committee shall be set up consisting of senior

officials. In additions to its co-ordinating role, it shall be the task of the

Committee to;

- give opinions for the attention of the Council, either at the Councils

request or on its own initiative;

- contribute, without prejudice to Article 151 of the Treaty establishing

the European Community, to the preparation of the Council's

discussions in the areas referred to in Article K.1 and, in accordance

with the conditions laid down in Article 100d of the Treaty establishing

the European Community, in the areas referred to in Article 100c of that

Treaty.

2. The Commission shall be fully associated with the work in the areas

referred to in this Title.

3. The Council shall act unanimously, except on matters of procedure

and in cases where Article K.3 expressly provides for other voting

rules.

Where the Council is required to act by a qualified majority, the votes

of its members shall be weighted as laid down in Article 148(2) of the

Treaty establishing the European Community, and for their adoption,

acts of the Council shall require at least fifty-four votes in favour, cast

by at least eight members.

ARTICLE K.5

Within international organizations and at international conferences in

which they take part, Member States shall defend the common

positions adopted under the provisions of this Title.

ARTICLE K.6

The Presidency and the Commission shall regularly inform the

European Parliament of discussions in the areas covered by this Title.

The Presidency shall consult the European Parliament on the principal

aspects of activities in the areas referred to in this Title and shall

ensure that the views of the European Parliament are duly taken into

consideration.

The European Parliament may ask questions of the Council or make

recommendations to it. Each year, it shall hold a debate on the

progress made in implementation of the areas referred to in this Title.

ARTICLE K.7

The provisions of this Title shall not prevent the establishment or

development of closer co-operation between two or more Member

States in so far as such co-operation does not conflict with, or impede,

that provided for in this Title.

ARTICLE K.8

1. The provisions referred to in Article 137,138,139 top 142, 146, 147,

150 to 153, 157 to 163 and 217 of the Treaty establishing the

European Community shall apply to the provisions relating to the

areas referred to in this Title.

2. Administrative expenditure which the provisions relating to the

areas referred to in this Title entail for the institutions shall be charged

to the budget of European Communities.

The Council may also:

- either decide unanimously that operational expenditure to which the

implementation of those provisions gives rise is to be charged to the

budget of the European Communities; in that event, the budgetary

procedure laid down in the treaty establishing the European

Community shall be applicable;

- or determine that such expenditure shall be charged to the Member

States, where appropriate in accordance with a scale to be decided.

ARTICLE K.9

The Council, acting unanimously on the initiative of the Commission or

a Member State, may decide to apply Article 100c of the Treaty

establishing the European Community to action in areas referred to in

Article K.1(1) to (6), and at the same time determine the relevant voting

conditions relating to it. It shall recommend the Member States to

adopt that decision in accordance with their respective constitutional

requirements.

TITLE7

FINAL PROVISIONS

ARTICLE L

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

concerning the powers of the Court of Justice of the European

Communities and the exercise of those powers shall apply only to the

following provisions of this Treaty:

(a) provisions amending the Treaty establishing the European

Economic Community, the Treaty establishing the European Coal and

Steel Community and the Treaty establishing the European Atomic

Energy Community;

(b) the third subparagraph of Article K.3(2)(c);

(c) articles L to S.

ARTICLE M

Subject to the provisions amending the Treaty establishing the

European Economic Community with a view to establishing the

European Community, the Treaty establishing the European Coal and

Steel Community and the Treaty establishing the European Atomic

Energy Community, and to these final provisions, nothing in this

Treaty shall effect the Treaties establishing the European

Communities or the subsequent Treaties and Acts modifying or

supplementing them.

ARTICLE N

1. The government of any Member State or the Commission may

submit to the Council proposals for the amendment of the Treaties on

which the Union is founded.

If the Council, after consulting the European Parliament and, where

appropriate, the Commission, delivers an opinion in favour of calling a

conference of representatives of the governments of the Member

States, the conference shall be convened by the President of the

Council for the purpose of determining by common accord the

amendments to be made to those Treaties. The European Central Bank

shall also be consulted in the case of institutional changes in the

monetary area.

The amendments shall enter into force after being ratified by all the

Member States in accordance with their respective constitutional

requirements.

2. A conference of representatives of the governments of the Member

States shall be convened in 1996 to examine those provisions of this

Treaty for which revision is provided, in accordance with the

objectives set out in Articles A and B.

ARTICLE O

Any European State may apply to become a Member of the Union. It

shall address its application to the Council, which shall act

unanimously after consulting the Commission and after receiving the

assent of the European Parliament, which shall act by an absolute

majority of its component members.

The conditions of admission and the adjustments to the Treaties on

which the Union is founded which such admission entails shall be the

subject of an agreement between the Member States and the applicant

State. This agreement shall be submitted for ratification by all the

contracting States in accordance with their respective constitutional

requirements.

ARTICLE P

1. Articles 2 to 7 and 10 to 19 of the Treaty establishing a single

Council and a single Commission of the European Communities,

signed in Brussels on 8 April 1965, are hereby repealed.

2. Article 2, Article 3(2) and Title III of the Single European Act signed in

Luxembourg on 17 February 1986 and in the Hague on February 1986

are hereby repealed.

ARTICLE Q

This Treaty is concluded for an unlimited period.

ARTICLE R

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 1 January 1993, provided that

all the instruments of ratification have been deposited, or, failing that,

on the first day of the month following the deposit of the instrument of

ratification by the last signatory State to take this step.

ARTICLE S

This Treaty, drawn up in a single original in the Danish, Dutch,

English, French, German, Greek, Irish, Italian, Portuguese and Spanish

languages, the texts in each of these languages being equally

authentic, shall be deposited in the archives of the government of the

Italian Republic, which will transmit a certified copy to each of the

governments of the other signatory States.

IN WITNESS WHEREOF, the undersigned Plenipotentiaries have

signed this Treaty.

Done at Maastricht on the seventh day of February one thousand nine

hundred and ninety two

[ here follow the signatures ]

PROTOCOL

ON THE ACQUISITION OF PROPERTY IN DENMARK

THE HIGH CONTRACTING PARTIES,

DESIRING to settle certain particular problems relating to Denmark,

HAVING AGREED UPON the following provision, which shall be

annexed to the Treaty establishing the European Community:

Notwithstanding the provisions of this Treaty, Denmark may maintain

the existing legislation on the acquisition of second homes.

PROTOCOL

CONCERNING ARTICLE 119 OF THE TREATY ESTABLISHING THE

EUROPEAN COMMUNITY

THE HIGH CONTRACTING PARTIES,

HAVE AGREED UPON the following provision, which shall be annexed

to the treaty establishing the European Community:

For the purposes of Article 119 of this Treaty, benefits under

occupational social security schemes shall not be considered as

remuneration if an in so far as they are attributable to periods of

employment prior to 17 May 1990, except in the case of workers or

those claiming under them who have before that date initiated legal

proceedings or introduced an equivalent claim under the applicable

national law.

PROTOCOL

ON THE STATUTE OF THE EUROPEAN SYSTEM OF CENTRAL BANKS

AND OF THE EUROPEAN CENTRAL BANK

THE HIGH CONTRACTING PARTIES,

DESIRING to lay down the Statute of the European System of Central

Banks and of the European Central Bank provided for in Article 4a of

the Treaty establishing the European Community.

HAVE AGREED upon the following provisions, which shall be annexed

to the treaty establishing the European Community:

CHAPTER 1

CONSTITUTION OF THE ESCB

ARTICLE 1

The European System of Central Banks.

1.1. The European System of Central Banks (ESCB) and the European

Central Bank (ECB) shall be established in accordance with Article 4a

of this Treaty; they shall perform their tasks and carry on their

activities in accordance with the provisions of this Treaty of this

Statute.

1.2. In accordance with Article 106(1) on this Treaty, the ESCB shall be

composed of the ECB and of the central banks of the Member States

("national central banks"). The Insitut monetaire luxembourgeois will

be the central bank of Luxembourg.

The Treaty of the European Union, Maastricht Treaty, 7th February, 1992 · 第 1 / 9 章