TRANSITIONAL AND OTHER PROVISIONS
FOR THE ESCB
ARTICLE 43
General Provisions
43.1. A derogation as referred to in Article 109k(1) of this Treaty shall
entail that the following Articles of this Statue shall not confer any
rights or impose any obligations on the Member State concerned: 3, 6,
9.2, 12.1, 14.3, 16, 18, 19, 20, 22, 23, 26.2, 27, 30, 31, 32, 33, 34, 50
and 52.
43.2. The central banks of Member States with derogation as specified
in Article 109k(1) of this Treaty shall retain their powers in the field of
monetary policy according to national law.
43.3. In accordance with Article 109k(4) of this Treaty, "Member States"
shall be read as "Member States without derogation" in the following
Articles of this Statute: 3, 11.2, 19, 34.2 and 50.
43.4 "National central banks" shall be read as central banks of
Member States without a derogation" in the following Articles of this
Statute: 9.2, 10.1, 10.3, 12.1, 16, 17, 18, 22, 23, 27, 30, 31, 32, 33.2
and 52.
43.5. "Shareholders" shall be read as "central banks of Member
States without a derogation" in Articles 10.3 and 33.1.
43.6. "Subscribed capital of the ECB" shall be read as "capital of the
ECB subscribed by the central banks of Member States without a
derogation" in Articles 10.3 and 30.2.
ARTICLE 44
Transitional tasks of the ECB
The ECB shall take over those tasks of the EMI which, because of the
derogations of one or more Member States, still have to be performed
in the third stage.
The ECB shall give advice in the preparations for the abrogation of the
derogations specified in Article 109k of this Treaty.
ARTICLE 45
The General Council of the ECB
45.1. Without prejudice to Article 106(3) of this Treaty, the General
Council shall be constituted as a third decision-making body of the
ECB.
45.2. The General Council shall compromise the President and Vice-
President of the ECB and the Governors of the national central banks.
The others members of the Executive Board may participate, without
having the right to vote, in meetings of the General Council.
45.3. The responsibilities of the General Council are listed in full in
Article 47 of this Statute.
ARTICLE 46
Rules of procedure of the General Council
46.1. The President or, in his absence, the Vice-President of the ECB
shall chair the General Council of the ECB.
46.2. The President of the Council and a member of the Commission
may participate, without having to right to vote, meetings of the
General Council.
46.3. The President shall prepare the meetings of the General Council.
46.4. By way of derogation from Article 12.3, the General Council shall
adopt its Rules of Procedure.
46.5. The Secretariat of the General Council shall be provided by the
ECB.
ARTICLE 47
Responsibilities of the General Council
47.1. The General Council shall:
- perform the tasks referred to in Article 44;
- contribute to the advisory functions referred to in Articles 4 and 25.1.
47.2. The General Council shall contribute to:
- the collection of statistical information as referred to in Article 5;
- the reporting activities of the ECB as referred to in Article 15;
- the establishment of the necessary rules for the application of Article
26 as referred to in Article 26.4;
- the taking of all other measures necessary for the application of
Article 29 as referred to Article 29.4;
- the laying down of the conditions of employment of the staff of the
ECB as referred to in Article 36.
47.3. The General Council shall contribute to the necessary
preparations for irrevocably fixing the exchange rates of the
currencies of Member States with a derogations against the
currencies, or the single currency, of the Member States without a
derogation, as referred to in Article 109(5) of this Treaty.
47.4. The General Council shall be informed by the President of the
ECB of decisions of the Governing Council.
ARTICLE 48
Transitional provisions for the capital of the ECB
In accordance with Article 29.1 each national central bank shall be
assigned a weighting in the key for subscription of the ECB's capital.
By way of derogation from Article 28.3, central banks of Member
States with a derogation shall not pay up their subscribed capital
unless the General Council, acting by as majority representing at least
two thirds of the subscribed capital of the ECB and at least half of the
shareholders, decides that a minimal percentage has to be paid up as
a contribution to the operational costs of the ECB.
ARTICLE 49
Deferred payment of capital,
reserves and provisions of the ECB
49.1. The central bank of a Member State whose derogation has been
abrogated shall pay up its subscribed share of the capital of the ECB
to the same extent as the central banks of other Member States
without a derogation, and shall transfer to the ECB foreign reserve
assets in accordance with Article 30.1. The sum to be transferred shall
be determined by multiplying the ECU value at current exchange rates
of the foreign reserve assets which have already been transferred to
the ECB in accordance with Article 30.1, by the ratio between the
number of shares subscribed by the national central bank concerned
and the number of shares already paid up by the other national central
banks.
49.2. In addition to the payment to be made in accordance with Article
49.1, the central bank concerned shall contribute to the reserves of the
ECB, to those provisions equivalent to reserves, and to the amount
still to be appropriated to the reserves and provisions corresponding
to the balance of the profit and loss account as at 31 December of the
year prior to the abrogation of the derogation. The sum to be
contributed shall be determined by multiplying the amount of the
reserves, as defined above and as stated in the approved balance
sheet of the ECB, by the ratio between the number of shares
subscribed by the central bank concerned and the number of shares
already paid up the other central banks.
ARTICLE 50
Initial appointment of the members of the Executive Board.
When the Executive Board of the ECB is being established, the
President, the Vice-President and the other members of the Executive
Board 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 the Council and after consulting the European
Parliament and the Council of the EMI. The President of the Executive
Board shall be appointed for 8 years. By way of derogation from
Article 11.2, the Vice-President shall be appointed for 4 years and the
other members of the Executive Board for terms of office of between 5
and 8 years. No term of office shall be renewable. The number of
members of the Executive Board may be smaller than provided for in
Article 11.1, but in no circumstance shall it be less than four.
ARTICLE 51
Derogation from Article 32
51.1. If, after the start of the third stage, the Governing Council decides
that the application of Article 32 results in significant changes in
national central banks' relative income positions, the amount of
income to allocated pursuant to Article 32 shall be reduced by a
uniform percentage which shall not exceed 60% in the first financial
year after the start of the third stage and which shall decrease by at
least 12 percentage points in each subsequent financial year.
51.2. Article 51.1. shall be applicable for not more than five financial
years after the start of the third stage.
ARTICLE 52
Exchange of bank notes in Community currencies.
Following the irrevocable fixing of exchange rates, the Governing
Council shall take the necessary measures to ensure that bank notes
denominated in currencies with irrevocably fixed exchange rates are
exchanged by the national central banks at their respective par
values.
ARTICLE 53
Applicability of the transitional provisions
If and as long as there are Member States with a derogation Articles
43 to 48 shall be applicable.
PROTOCOL
ON THE STATUTE OF THE EUROPEAN MONETARY INSTITUTE
THE HIGH CONTRACTING PARTIES,
DESIRING to lay down the Statute of the European Monetary Institute,
HAVE AGREED upon the following provisions, which shall be annexed
to the Treaty establishing the European Community:
ARTICLE 1
Constitution and name
1.1. The European Monetary Institute (EMI) shall be established in
accordance with Article 109f of this Treaty; it shall perform its functions
and carry out its activities in accordance with the provisions of this
Treaty and of this Statute.
1.2. The members of the EMI shall be the central banks of the Member
States ("national central banks"). For the purposes of the Statute, the
Institut monetaire luxembourgeois shall be regarded as the central
bank of Luxembourg.
1.3. Pursuant to Article 109f of this Treaty, both the Committee of
Governors and the European Monetary Co-operation Fund (EMCF)
shall be dissolved. All assets and liabilities of the EMCF shall pass
automatically to the EMI.
ARTICLE 2
Objectives
The EMI shall contribute to the realization of the conditions necessary
for the transition to the third stage of Economic and Monetary Union, in
particular by:
- strengthening the co-ordination of monetary policies with a view to
ensuring price stability;
- making the preparations required for the establishment of the
European System of Central Banks (ESCB), and for the conduct of a
single monetary policy and the creation of a single currency in the
third stage;
- overseeing the development of the ECU.
ARTICLE 3
General principles
3.1. The EMI shall carry out the tasks and functions conferred upon it
by this Treaty and this Statute without prejudice to the responsibility of
the competent authorities for the conduct of the monetary policy within
the respective Member States.
3.2. The EMI shall act in accordance with the objectives and principles
stated in Article 2 of the Statute of the ESCB.
ARTICLE 4
Primary tasks
4.1. In accordance with Article 109f(2) of this Treaty, the EMI shall:
- strengthen co-operation between the national central banks;
- strengthen the co-ordination of the monetary policies of the Member
States with the aim of ensuring price stability;
- monitor the functioning of the European Monetary System (EMS);
- 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 EMCF; in particular it shall perform the
functions referred to in Articles 6.1, 6.2 and 6.3;
- facilitate the use of the ECU and oversee its development, including
the smooth functioning of the ECU clearing system.
The EMI shall also:
- hold regular consultations concerning the course of monetary
policies and the use of monetary policy instruments;
- normally be consulted by the national monetary authorities before
they take decisions on the course of monetary policy in the context of
the common framework for ex ante co-ordination.
4.2. 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, in accordance with the
principle of an open market economy with free competition. This
framework shall be submitted by the Council of the EMI for decision to
the ECB at the date of its establishment.
In accordance with Article 109f(3) of this Treaty, the EMI shall in
particular:
- prepare the instruments and the procedures necessary for carrying
out a single monetary policy in the third stage;
- promote the harmonization, where necessary, of the rules and
practices governing the collection, compilation and distribution of
statistics in the areas within its field of competence;
- prepare the rules for operations to be undertaken by the national
central banks in the framework of the ESCB;
- promote the efficiency of cross-border payments;
- supervise the technical preparation of ECU bank notes.
ARTICLE 5
Advisory functions.
5.1. In accordance with Article 109f(4) of this Treaty, the Council of the
EMI 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. The EMI may
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 EMS.
5.2. The Council of the EMI may also make recommendations to the
monetary authorities of the Member States concerning the conduct of
their monetary policy.
5.3. In accordance with Article 109f(6) of this Treaty, 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 shall be consulted by
the authorities of the Member States on any draft legislative provision
within its field of competence, in particular with regard to Article 4.2.
5.4. In accordance with Article 109f(5) of this Treaty, the EMI may
decide to publish its opinions and its recommendations.
ARTICLE 6
Operational and technical functions
6.1. The EMI shall;
- provide for the multilateralization of positions resulting from
interventions by the national central banks in Community currencies
and the multilateralization of intra-Community settlements;
- administer the very short-term financing mechanism provided for by
the Agreement of 13 March 1979 between the central banks of the
Member States of the European Economic Community laying down the
operating procedures for the European Monetary System (hereinafter
referred to as "EMS Agreement") and the short-term monetary support
mechanism provided for in the Agreement between the central banks
of the Member States of the European Economic Community of 9
February 1970, as amended;
- perform the functions referred to in Article 11 of Council Regulation
(EEC) No 1969/88 of 24 June 1988 establishing a single facility
providing medium-term financial assistance for Member States'
balances of payments.
6.2. The EMI may receive monetary reserves from the national central
banks and issue ECUs against such assets for the purpose of
implementing the EMS Agreement. These ECUs may be used by the
EMI and the national central banks as a means of settlement and for
transactions between them and the EMI. The EMI shall take the
necessary administrative measures for the implementation of this
paragraph.
6.3. The EMI may grant to the monetary authorities of third countries
and to international monetary institutions the status of "Other Holders"
of ECUs and fix the terms and conditions under which such ECUs may
be acquired, held or used by Other Holders.
6.4. The EMI shall be entitled to hold and manage foreign exchange
reserves as an agent for and at the request of national central banks.
Profits and losses regarding these reserves shall be for the account of
the national central bank depositing the reserves. The EMI shall
perform this function on the basis of bilateral contracts in accordance
with rules laid down in a decision of the EMI. These rules shall ensure
that transactions with these reserves shall not interfere with the
monetary policy and exchange rate policy of the competent monetary
authority of any Member State and shall be consistent with the
objectives of the EMI and the proper functioning of the Exchange Rate
Mechanism of the EMS.
ARTICLE 7
Other tasks
7.1. Once a year the EMI shall address a report to the Council on the
state of the preparations for the third stage. These reports shall
include an assessment of the progress towards convergence in the
Community, and cover in particular the adaptation of monetary policy
instruments and the preparation of the procedures necessary for
carrying out a single monetary policy in the third stage, as well as the
statutory requirements to be fulfilled for national central banks to
become an integral part of the ESCB.
7.2. In accordance with the Council decisions referred to in Article
109f(7) of this Treaty, the EMI may perform other tasks for the
preparation of the third stage.
ARTICLE 8
Independence
The members of the Council of the EMI who are the representatives of
their institutions shall, with respect to their activities, act according to
their own responsibilities. In exercising the powers and performing the
tasks and duties conferred upon them by this Treaty and this Statute,
the Council of the EMI may not seek or take any instructions from
Community institutions or bodies or governments of Member
States.The Community institutions and bodies as well as the
governments of the Member States undertake to respect this principle
and not seek to influence the Council of the EMI in the performance of
its tasks.
ARTICLE 9
Administration
9.1. In accordance with Article 109f(1) of this Treaty, the EMI shall be
directed and managed by the Council of the EMI.
9.2. The Council of the EMI shall consist of a President and the
Governors of the national central banks, on of whom shall be Vice-
President. If a Governor is prevented from attending a meeting, he
may nominate another representative of his institution.
9.3. 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 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 President and Vice-
President shall be appointed for a period of three years.
9.4. The President shall perform his duties on a full-time basis. He
shall not engage in any occupation, whether gainful or not, unless
exemption is exceptionally granted by the Council of the EMI.
9.5. The President shall
- prepare and chair meetings of the Council of the EMI;
- without prejudice to Article 22, present the views of the EMI
externally;
- be responsible for the day-to-day management of the EMI.
In the absence of the President, his duties shall be performed by the
Vice-President.
9.6. The terms and conditions of employment of the President, in
particular his salary, pension and other social security benefits, shall
be the subject of a contract with the EMI and shall be fixed by the
Council of the EMI on a proposal from a Committee comprising three
members appointed by the Committee of Governors or the Council of
the EMI, as the case may be, and three members appointed by the
Council. The President shall not have the right to vote on matters
referred to in this paragraph.
9.7. If the President 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 of
the EMI, compulsorily retire him.
9.8. The Rules of Procedure of the EMI shall be adopted by the Council
of the EMI.
ARTICLE 10
Meetings of the Council of the EMI and voting procedures
10.1 The Council of the EMI shall meet at least ten times a year. The
proceedings of Council meetings shall be confidential. The Council of
the EMI may, acting unanimously, decide to make the outcome of its
deliberations public.
10.2. Each member of the Council of the EMI or his nominee shall
have one vote.
10.3. Save as otherwise provided for in this Statute, the Council of the
EMI shall act by a simple majority of its members.
10.4. Decisions to be taken in the context of Articles 4.2, 5.4, 6.2, and
6.3 shall require unanimity of the members of the Council of the EMI.
The adoption of opinions and recommendations under Articles 5.1 and
5.2, the adoption of decisions under Articles 6.4, 16 and 23.6 and the
adoption of guidelines under Article 15.3 shall require a qualified
majority of two thirds of the members of the Council of the EMI.
ARTICLE 11
Interinstitutional co-operation and reporting requirements
11.1 The President of the Council and a member of the Commission
may participate, without having the right to vote, in meetings of the
Council of the EMI.
11.2. The President of the EMI shall be invited to participate in Council
meetings when the Council is discussing matters relating to the
objectives and tasks of the EMI.
11.3. At a date to be established in the Rules of Procedure, the EMI
shall prepare an annual report on its activities and on monetary and
financial conditions in the Community. The annual report, together with
the annual accounts of the EMI, shall be addressed to the European
Parliament, the Council and the Commission and also to the European
Council.
The President of the EMI may, at the request of the European
Parliament or on his own initiative, be heard by the competent
Committees of the European Parliament.
11.4. Reports published by the EMI shall be made available to
interested parties free of charge.
ARTICLE 12
Currency denomination
The operations of the EMI shall be expressed in ECUs.
ARTICLE 13
Seat
Before the end of 1992, the decision as to where the seat of the EMI
will be established shall be taken by common accord of the
governments of the Member States at the level of Heads of State or of
Government.
ARTICLE 14
Legal capacity
The EMI, which in accordance with Article 109f(1) of this Treaty shall
have legal personality, shall enjoy in each of the Member States the
most extensive legal capacity accorded to legal persons under their
law; it may, in particular, acquire or dispose of movable or immovable
property and may be a party to legal proceedings.
ARTICLE 15
Legal acts.
15.1. In the performance of its tasks, and under the conditions laid
down in this Statute, the EMI shall:
- deliver opinions
- make recommendations;
- adopt guidelines, and take decisions, which shall be addressed to
the national central banks.
15.2. Opinions and recommendations of the EMI shall have no binding
force
15.3. The Council of the EMI may adopt guidelines laying down the
methods for the implementation of the conditions necessary for the
ESCB to perform its functions in the third stage. EMI guidelines shall
have no binding force; they shall be submitted for decision to the ECB.
15.4. Without prejudice to Article 3.1, a decision of the EMI shall be
binding in its entirety upon those to whom it is addressed. Articles 190
and 191 of this Treaty shall apply to these decisions.
ARTICLE 16
Financial resources.
16.1. The EMI shall be endowed with its own resources. The size of
the resources of the EMI shall be determined by the Council of the EMI
with a view to ensuring the income deemed necessary to cover the
administrative expenditure incurred in the performance of the tasks
and functions of the EMI.
16.2. The resources of the EMI determined in accordance with Article
16.1 shall be provided out of contributions by the national central
banks in accordance with the key referred to in Article 29.1 of the
Statute of the ESCB and be paid up at the establishment of the EMI.
For this purpose, the statistical data to be used for the determination
of the key shall be provided by the Commission, in accordance with
the rules adopted by the Council, acting by a qualified majority on a
proposal from the Commission and after consulting the European
Parliament, the Committee of Governors and the Committee referred to
in Article 109c of this Treaty.
16.3. The Council of the EMI shall determine the form in which
contributions shall be paid up.
ARTICLE 17
Annual accounts and auditing
17.1. The financial year of the EMI shall begin on the first day of
January and end on the last day of December.
17.2. The Council of the EMI shall adopt an annual budget before the
beginning of each financial year.
17.3. The annual accounts shall be drawn up in accordance with the
principles established by the Council of the EMI. The annual accounts
shall be approved by the Council of the EMI and shall thereafter be
published.
17.4. The annual accounts shall be audited by independent external
auditors approved by the Council of the EMI. The auditors shall have
full power to examine all books and accounts of the EMI and to obtain
full information about its transactions.
The provisions of Article 188c of this Treaty shall only apply to an
examination of the operational efficiency of the management of the
EMI.
17.5. Any surplus of the EMI shall be transferred in the following order
(a) an amount to be determined by the Council of the EMI shall be
transferred to the general reserve fund of the EMI.
(b) any remaining surplus shall be distributed to the national central
banks in accordance with the key referred to in Article 16.2.
17.6. In the event of a loss incurred by the EMI, the shortfall shall be
offset against the general reserve fund of the EMI. Any remaining
shortfall shall be made good by contributions from the national central
banks, in accordance with the key as referred to in Article 16.2.
ARTICLE 18
Staff
18.1. The Council of the EMI shall lay down the conditions of
employment of the staff of the EMI.
18.2. The Court of Justice shall have jurisdiction in any dispute
between the EMI and its servants within the limits and under the
conditions laid down in the conditions of employment.
ARTICLE 19
Judicial control and related matters.
19.1. The acts or omissions of the EMI shall be open to review or
interpretation by the Court of Justice in the cases and under the
conditions laid down in this Treaty. The EMI may institute proceedings
in the cases and under the conditions laid down in this Treaty.
19.2. Disputes between the EMI, on the one hand, and its creditors,
debtors or any other person, on the other, shall fall within the
jurisdiction of the competent national courts, save where jurisdiction
has been conferred upon the Court of Justice.
19.3. The EMI shall be subject to the liability regime provided for in
Article 215 of this Treaty.
19.4. The Court of Justice shall have jurisdiction to give judgment
pursuant to any arbitration clause contained in a contract concluded by
or on behalf of the EMI, whether that contract be governed by public or
private law.
19.5. A decision of the EMI to bring an action before the Court of
Justice shall be taken by the Council of the EMI.
ARTICLE 20
Professional Secrecy
20.1. Members of the Council of the EMI and the staff of the EMI shall
be required, even after their duties have ceased, not to disclose
information of the kind covered by the obligation of professional
secrecy.
20.2. Persons having access to data covered by Community
legislation imposing and obligation of secrecy shall be subject to such
legislation.
ARTICLE 21
Privileges and immunities
The EMI shall enjoy in the territories of the Member States such
privileges and immunities as are necessary for the performance of its
tasks, under the conditions laid down in the Protocol on the Privileges
and Immunities of the European Communities annexed to the Treaty
establishing a Single Council and a Single Commission of the
European Communities.
ARTICLE 22
Signatories
The EMI shall be legally committed to third parties by the President or
the Vice-President or by the signatures of two members of the staff of
the EMI who have been duly authorized by the President to sign on
behalf of the EMI.
ARTICLE 23
Liquidation of the EMI
23.1. In accordance with Article 109l of this Treaty, the EMI shall go
into liquidation on the establishment of the ECB. All assets and
liabilities of the EMI shall then pass automatically to the ECB. The
latter shall liquidate the EMI according to the provisions of this Article.
The liquidation shall be completed by the beginning of the third stage.
23.2. The mechanism for the creation of ECUs against gold and US
dollars as provided for by Article 17 of the EMS agreement shall be
unwound by the first day of the third stage in accordance with Article
20 of the said Agreement.
23.3. All claims and liabilities arising from the very short-term
financing mechanism and the short-term monetary support
mechanism, under the Agreements referred to in Article 6.1, shall be
settled by the first day of the third stage.
23.4. All remaining assets of the EMI shall be disposed of and all
remaining liabilities of the EMI shall be settled.
23.5. The proceeds of the liquidation described in Article 23.4. shall be
distributed to the national central banks in accordance with the key
referred to in Article 16.2
23.6. The Council of the EMI may take the measures necessary for the
application of Articles 23.4. and 23.5.
23.7. Upon the establishment of the ECB, the President of the EMI
shall relinquish his office.
PROTOCOL
ON THE EXCESSIVE DEFICIT PROCEDURE
THE HIGH CONTRACTING PARTIES
DESIRING to lay down the details of the excessive deficit procedure
referred to in Article 104c of the treaty establishing the European
Community,
HAVE AGREED upon the following provisions, which shall be annexed
to the Treaty establishing the European Community:
ARTICLE 1
The reference values referred to in Article 104c(2) of this Treaty are:
- 3% for the ratio of the planned or actual government deficit to gross
domestic product at market prices;
- 60% for the ratio of government debt to gross domestic product at
market prices.
ARTICLE 2
In Article 104c of this Treaty and in this Protocol:
- government means general government, that is central government,
regional or local government and social security funds, to the
exclusion of commercial operations, as defined in the European
System of Integrated Economic Accounts;
- deficit means net borrowing as defined in the European System of
Integrated Economic Accounts;
- investment means gross fixed capital formation as defined in the
European System of Integrated Economic Accounts;
- debt means total gross debt at nominal value outstanding at the end
of the year and consolidated between and within the sectors of general
government as defined in the first indent.
ARTICLE 3
In order to ensure the effectiveness of the excessive deficit procedure,
the governments of the Member States shall be responsible under this
procedure for the deficits of general government as defined in the first
indent of Article 2. The Member States shall ensure that national
procedures in the Budgetary area enable them to meet their
obligations in this area deriving from this Treaty. The Member States
shall report their planned and actual deficits and the levels of their
debt promptly and regularly to the Commission.
ARTICLE 4.
The statistical data to be used for the application of this Protocol shall
be provided by the Commission.
PROTOCOL
ON THE CONVERGENCE CRITERIA REFERRED TO IN ARTICLE 109j OF
THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY
THE HIGH CONTRACTING PARTIES,
DESIRING to lay down the details of the convergence criteria which
shall guide the Community in taking decisions on the passage to the
third stage of economic and monetary union, referred to in Article
109j(1) of this Treaty,
HAVE AGREED upon the following provisions, which shall be annexed
to the Treaty establishing the European Community:
ARTICLE 1
The criterion on price stability referred to in the first indent of Article
109j(1) of this Treaty shall mean that a Member State has a price
performance that is sustainable and an average rate of inflation,
observed over a period of one year before the examination, that does
not exceed by more than 1 1/2 percentage points that of, at most, the
three best performing Member States in terms of price stability.
Inflation shall be measured by means of the consumer price index on
a comparable basis, taking into account differences in national
definitions.
ARTICLE 2
The criterion on the government budgetary position referred to in the
second indent of Article 109j(1) of this treaty shall mean that at the
time of the examination the Member State is not the subject of a
Council decision under Article 104c(6) of this Treaty that an excessive
deficit exists.
ARTICLE 3
The criterion on participation in the Exchange Rate mechanism of the
European Monetary System referred to in the third indent of Article
109j(1) of this Treaty shall mean that a Member State has respected
the normal fluctuation margins provided for by the Exchange Rate
Mechanism of the European Monetary System without severe tensions
for at least the last two years before the examination. In particular, the
Member State shall not have devalued its currency's bilateral central
rate against any other Member State's currency on its own initiative
for the same period.
ARTICLE 4
The criterion on the convergence of interest rates referred to in the
fourth indent of Article 109j(1) of this Treaty shall mean that, observed
over a period of one year before the examination, a Member State has
had an average nominal long-term interest rate that does not exceed
by more than 2 percentage points that of, at most, the three best
performing Member States in terms of price stability. Interest rates
shall be measured on the basis of long term government bonds or
comparable securities, taking into account differences in national
definitions.
ARTICLE 5
The statistical data to be used for the application of this protocol shall
be provided by the Commission.
ARTICLE 6
The Council shall, acting unanimously on a proposal from the
Commission and after consulting the European Parliament, the EMI or
the ECB as the case may be, and the Committee referred to in Article
109c, adopt appropriate provisions to lay down the details of the
convergence criteria referred to Article 109j of this Treaty, which shall
then replace this Protocol.
PROTOCOL
AMENDING THE PROTOCOL ON THE PRIVILEGES AND IMMUNITIES
OF THE EUROPEAN COMMUNITIES
THE HIGH CONTRACTING PARTIES,
CONSIDERING that, in accordance with Article 40 of the Statute of the
European Central Bank and Article 21 of the Statute of the European
Monetary Institute, the European Central Bank and the European
Monetary Institute shall enjoy in the territories of the Member States
such privileges and immunities as are necessary for the performance
of their tasks,
HAVE AGREED upon the following provisions, which shall be annexed
to the Treaty establishing the European Community:
SOLE ARTICLE
The Protocol on the Privileges and Immunities of the European
Communities, annexed to the Treaty establishing a Single Council and
a Single Commission of the European Communities, shall be
supplemented by the following provisions:
"Article 23
This Protocol shall also apply to the European Central Bank, to the
members of its organs and to its staff, without prejudice to the
provisions of the Protocol on the Statute of the European System of
Central Banks and the European Central Bank.
The European Central Bank shall, in addition, be exempt from any
form of taxation or imposition of a like nature on the occasion of any
increase in its capital and from the various formalities which may be
connected therewith in the State where the bank has its seat. The
activities of the Bank and of its organs carried on in accordance with
the Statute of the European System of Central Banks and of the
European Central Bank shall not be subject to any turnover tax.
The above provisions shall also apply to the European Monetary
Institute. Its dissolution or liquidation shall not give rise to any
imposition."
PROTOCOL
ON DENMARK
THE HIGH CONTRACTING PARTIES,
DESIRING to settle certain particular problems relating to Denmark,
HAVE AGREED UPON the following provisions, which shall be annexed
to the Treaty establishing the European Community:
The provisions of Article 14 of the Protocol on the Statute of the
European System of Central Banks and of the European System of
Central Banks and of the European Central Bank shall not affect the
right of the National Bank of Denmark to carry out its existing tasks
concerning those parts of the Kingdom of Denmark which are not part
of the Community.
PROTOCOL
ON PORTUGAL
THE HIGH CONTRACTING PARTIES,
DESIRING to settle certain particular problems relating to Portugal,
HAVE AGREED upon the following provisions, which shall be annexed
to the Treaty establishing the European Community:
1. Portugal is hereby authorized to maintain the facility afforded to the
Autonomous Regions of Azores and Madeira to benefit from an
interest-free credit facility with the Banco de Portugal under the terms
established by existing Portuguese law.
2. Portugal commits itself to pursue its best endeavors in order to put
an end to the above mentioned facility as soon as possible.
PROTOCOL
ON THE TRANSITION TO THE THIRD STAGE OF ECONOMIC AND
MONETARY UNION
THE HIGH CONTRACTING PARTIES,
Declare the irreversible character of the Community's movement to the
third stage of Economic and Monetary Union by signing the new Treaty
provisions on Economic and Monetary Union.
Therefore all Member States shall, whether they fulfil the necessary
conditions for the adoption of a single currency or not, respect the will
for the Community to enter swiftly into the third stage, and therefore no
Member State shall prevent the entering into the third stage.
If by the end of 1997 the date of the beginning of the third stage has
not been set, the Member States concerned, the Community
institutions and other bodies involved shall expedite all preparatory
work during 1998, in order to enable the Community to enter the third
stage irrevocably on 1 January 1999 and to enable the ECB and ESCB
to start their full functioning from this date.
This Protocol shall be annexed to the Treaty establishing the
European Community.
PROTOCOL
ON CERTAIN PROVISIONS RELATING TO THE UNITED KINGDOM OF
GREAT BRITAIN AND NORTHERN IRELAND
THE HIGH CONTRACTING PARTIES,
RECOGNIZING that the United Kingdom shall not be obliged or
committed to move to the third stage of economic and monetary union
without a separate decision to do so by its government and
Parliament,
NOTING the practice of the government of the United Kingdom to fund
its borrowing requirement by the sale of debt to the private sector.
HAVE AGREED the following provisions, which shall be annexed to the
Treaty establishing the European Community:
1. The United Kingdom shall notify the Council whether it intends to
move to the third stage before the Council makes its assessment
under Article 109j(2) of this Treaty;
Unless the United Kingdom notifies the Council that it intends to move
to the third stage, it shall be under no obligation to do so.
If no date is set for the beginning of the third stage under Article
109j(3) of this Treaty, the United Kingdom may notify its intention to
move to the third stage before 1 January 1998.
2. Paragraphs 3 to 9 shall have effect if the United Kingdom notifies
the Council that it does not intend to move to the third stage.
3.The United Kingdom shall not be included among the majority of
Member States which fulfil the necessary conditions referred to in the
second indent of Article 109j(2) and the first indent of Article 109j(3) of
this Treaty.
4. The United Kingdom shall retain its powers in the field of monetary
policy according to national law.
5. Articles 3a(2), 104c(1), (9) and (11), 105(1) to (5), 105a, 107, 108,
108a, 109, 109a(1) and (2)(b) and 109l(4) and (5) of this Treaty shall not
apply to the United Kingdom. In these provisions references to the
Community or the Member States shall not include the United Kingdom
and references to national central banks shall not include the Bank of
England.
6. Articles 109e(4) and 109h and i of this Treaty shall continue to apply
to the United Kingdom. Articles 109c(4) and 109m shall apply to the
united Kingdom as if it had a derogation.
7. The voting rights of the United Kingdom shall be suspended in
respect of acts of the Council referred to in Articles listed in paragraph
5. For this purpose the weighted votes of the United Kingdom shall be
excluded form any calculation of a qualified majority under Article
109k(5) of this Treaty.
The United Kingdom shall also have no right to participate in the
appointment of the President, the Vice-President and the other
members of the Executive Board of the ECB under Articles 109a(2)(b)
and 109l(1) of this Treaty.
8. Articles 3, 4, 6, 7, 9.2, 10.1, 10.3, 11.2, 12.1, 14, 16, 18 to 20, 22, 23,
26, 27, 30 to 34, 50 and 52 of the Protocol on the Statute of the
European System of Central Banks and of the European Central Bank
("the Statute") shall not apply to the United Kingdom.
In those Articles, references to the Community or the Member States
shall not include the United Kingdom and references to national
central banks or shareholders shall not include the Bank of England.
References in Articles 10.3 and 30.2. of the Statute to "subscribed
capital of the ECB" shall not include capital subscribed by the Bank of
England.
9. Article 109(3) of this Treaty and Articles 44 to 48 of the Statute shall
have effect, whether or not there is any Member State with a
derogation, subject to the following amendments:
(a) References in Article 44 ot the tasks of the ECB and the EMI shall
include those tasks that still need to be performed in the third stage
owing to any decision of the United kingdom not to move to that Stage.
(b) In addition to the tasks referred to in Article 47 the ECB shall also
give advice in relation to and contribute to the preparation of any
decision of the Council with regard to the United Kingdom taken in
accordance with paragraphs 10(a) and 10(c).
(c) The Bank of England shall pay up its subscription to the capital of
the ECB as a contribution of its operational costs on the same basis
as national central banks of Member States with a derogation.
10. If the United Kingdom does not move to the third stage, it may
change its notification at any time after the beginning of that stage. In
that event:
(a) The United Kingdom shall have the right to move to the third stage
provided only that it satisfies the necessary conditions. The Council,
acting at the request of the United Kingdom and under the conditions
and in accordance with the procedure laid down in Article 109k(2) of
this Treaty, shall decide whether it fulfills the necessary conditions.
(b) The Bank of England shall pay up its subscribed capital, transfer to
the ECB foreign reserve assets and contribute to its reserves on the
same basis as the national central bank of a Member State whose
derogation has been abrogated.
(c) The Council, acting under the conditions and in accordance with the
procedure laid down in Article 109(5) of this Treaty, shall take all other
necessary decisions to enable the United Kingdom to move to the
third stage.
If the United Kingdom moves to the third stage pursuant to the
provisions of this protocol, paragraphs 3 to 9 shall cease to have
effect.
11. Notwithstanding Articles 104 and 109e(3) of this Treaty and Article
21.1. of the Statute, the government of the United Kingdom may
maintain its ways and means facility with the Bank of England if and
so long as the United Kingdom does not move to the third stage.
PROTOCOL
ON CERTAIN PROVISIONS RELATING TO DENMARK
THE HIGH CONTRACTING PARTIES,
DESIRING to settle, in accordance with the general objectives of the
Treaty establishing the European Community, certain particular
problems existing at the present time,
TAKING INTO ACCOUNT that the Danish Constitution contains
provisions which may imply a referendum in Denmark prior to Danish
participation in the third stage of Economic and Monetary Union,
HAVE AGREED on the following provisions, which shall be annexed to
the Treaty establishing the European Community:
1. The Danish Government shall notify the Council of its position
concerning participation in the third stage before the Council makes its
assessment under Article 109j(2) of this Treaty.
2. In the event of a notification that Denmark will not participate in the
third stage, Denmark shall have an exemption. The effect of the
exemption shall be that all Articles and provisions of this Treaty and
the Statute of the ESCB referring to a derogation shall be applicable to
Denmark.
3. In such case, Denmark shall not be included among the majority of
Member States which fulfil the necessary conditions referred to in the
second indent of Article 109j(2) and the first indent of Article 109j(3) of
this Treaty.
4. As for the abrogation of the exemption, the procedure referred to in
Article 109k(2) shall only be initiated at the request of Denmark.
5. In the event of abrogation of the exemption status, the provisions of
this Protocol shall cease to apply.
PROTOCOL
ON FRANCE
THE HIGH CONTRACTING PARTIES,
DESIRING to take into account a particular point relating to France,
HAVE AGREED upon the following provisions, which shall be annexed
to the Treaty establishing the European Community.
France will keep the privilege of monetary emission in its overseas
territories under the terms established by its national laws, and will be
solely entitled to determine the parity of the CFP franc.
PROTOCOL
ON SOCIAL POLICY
THE HIGH CONTRACTING PARTIES,
NOTING that eleven Member States, that is to say the Kingdom of
Belgium, the Kingdom of Denmark and Federal Republic of Germany,
the Hellenic Republic, the Kingdom of Spain, the French Republic,
Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the
Kingdom of the Netherlands and the Portuguese Republic, wish to
continue along the path laid down in the 1989 Social Charter; that they
have adopted among themselves an Agreement to this end; that this
Agreement is annexed to this Protocol; that this Protocol and the said
Agreement are without prejudice to the provisions of this Treaty,
particularly those relating to social policy which constitute an integral
part of the "acquis communautaire":
1. Agree to authorize those eleven Member States to have recourse to
the institutions, procedures and mechanisms of the Treaty for the
purposes of taking among themselves and applying as far as they are
concerned the acts and decisions required for giving effect to the
abovementioned Agreement.
2. The United Kingdom of Great Britain and Northern Ireland shall not
take part in the deliberations and the adoption by the Council of
Commission proposals made on the basis of the Protocol and the
above mentioned Agreement.
By way of derogation from Article 148(2) of the Treaty, acts of the
Council which are made pursuant to this Protocol and which must be
adopted by a qualified majority shall be deemed to be so adopted if
they have received at least forty-four votes in favour. The unanimity of
the members of the Council, with the exception of the United Kingdom
of Great Britain and Northern Ireland, shall be necessary for acts of
the Council which must be adopted unanimously and for those
amending the Commission proposal.
Acts adopted by the Council and any financial consequences other
than administrative costs entailed for the institutions shall not be
applicable to the United Kingdom of Great Britain and Northern Ireland.
3. This Protocol shall be annexed to the Treaty establishing the
European Community.
AGREEMENT
ON SOCIAL POLICY CONCLUDED BETWEEN THE MEMBER STATES
OF THE EUROPEAN COMMUNITY WITH THE EXCEPTION OF THE
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND.
The undersigned eleven HIGH CONTRACTING PARTIES, that is to say,
the Kingdom of Belgium, the Kingdom of Denmark, the Federal
Republic of Germany, the Hellenic Republic, the Grand Duchy of
Luxembourg, the Kingdom of the Netherlands and the Portuguese
Republic (hereinafter referred to the "the Member States"),
WISHING TO implement to the 1989 Social Charter on the basis of the
"acquis communautaire",
CONSIDERING the Protocol on social policy,
HAVE AGREED as follows:
ARTICLE 1
The Community and the Member States shall have as their objectives
the promotion of employment, improved living and working conditions,
proper social protection, dialogue between management and labour,
the development of human resources with a view to lasting high
employment and the combating of exclusion. To this end the
Community and Member States shall implement measures which take
account of the diverse forms of national practices, in particular in the
field of contractual relations, and the need to maintain the
competitiveness of the Community economy.
ARTICLE 2
1. With a view to achieving the objectives of Article 1, the Community
shall support and complement the activities of the Member States in
the following fields:
- improvement in particular of the working environment to protect
workers' health and safety;
- working conditions;
- the information and consultation of workers;
- equality between men and women with regard to labour market
opportunities and treatment at work;
- the integration of persons excluded from the labour market, without
prejudice to Article 127 of the Treaty establishing the European
Community (hereinafter referred to as "the Treaty").
2. To this end, the Council may 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. Such directives shall avoid imposing administrative, financial
and legal constraints in a way which would hold back the creation and
development of small and medium-sized undertakings.
The Council shall act in accordance with the procedure referred to in
Article 189c of the Treaty after consulting the Economic and Social
Committee.
3. However, the Council shall act unanimously on a proposal from the
Commission, after consulting the European Parliament and the
Economic and Social Committee, in following areas:
- social security and social protection of workers;
- protection of workers where their employment contract is terminated;
- representation and collective defence of the interests of worker and
employers, including co-determination, subject to paragraph 6;
- conditions of employment for third-country nationals legally residing
in Community territory;
- financial contributions for promotion of employment and job-creation,
without prejudice to the provisions relating to the Social Fund.
4. A Member State may entrust management and labour, at their joint
request, with the implementation of directives adopted pursuant to
paragraphs 2 and 3.
In this case, it shall ensure that, no later than the date on which a
directive must be transposed in accordance with Article 189,
management and labour have introduced the necessary measures by
agreement, the Member State concerned being required to take any
necessary measure enabling it at any time to be in a position to
guarantee the results imposed by that directive.
5. The provisions adopted pursuant to this Article shall not prevent
any Member State from maintaining or introducing more stringent
protective measures compatible with the Treaty.
6. The provisions of this Article shall not apply to pay, the right of
association, the right to strike or the right to impose lock-outs.
ARTICLE 3
1. The Commission shall have the task of promoting the consultation
of management and labour at Community level and shall take any
relevant measure to facilitate their dialogue by ensuring balanced
support for the parties.
2. To this end, before submitting proposals in the social policy field,
the Commission shall consult management and labour on the possible
direction of Community action.
3. If, after such consultation, the Commission considers Community
action advisable, it shall consult management and labour on the
content of the envisaged proposal. Management and labour shall
forward to the Commission an opinion or, where appropriate, a
recommendation.
4. On the occasion of such consultation, management and labour may
inform the Commission of their wish to initiate the process provided
for in Article 4. The duration of the procedure shall not exceed nine
months, unless the management and labour concerned and the
Commission decide jointly to extend it.
ARTICLE 4
1. Should management and labour so desire, the dialogue between
them at Community level may lead to contractual relations, including
agreements.
2. Agreements concluded at Community level shall be implemented
either in accordance with the procedures and practices specific to
management and labour and the Member States or, in matters covered
by Article 2, at the joint request of the signatory parties, by a Council
decision on a proposal from the Commission.
The Council shall act by qualified majority, except where the
agreement in question contains one or more provisions relating to one
of the areas referred to in Article 2(3), in which case it shall act
unanimously.
ARTICLE 5
With a view to achieving the objectives of Article 1 and without
prejudice to the other provisions of the Treaty, the Commission shall
encourage co-operation between the Member States and facilitate the
co-ordination of their action in all social policy fields under this
Agreement.
ARTICLE 6
1. Each Member State shall ensure that the principle of equal pay for
male and female workers for equal work is applied.
2. For the purpose of this Article, "pay" means the ordinary basic or
minimum wage or salary and any other consideration, whether in cash
or in kind, which the worker receives directly or indirectly, in respect of
his employment, from his employer.
Equal pay without discrimination based on sex means:
(a) that pay for the same work at piece rates shall be calculated on the
basis of the same unit of measurement.
(b) that pay for work at time rates shall be the same for the same job.
3. This Article shall not prevent any Member State from maintaining or
adopting measures providing for specific advantages in order to make
it easier for women to pursue a vocational activity or to prevent or
compensate for disadvantages in their professional careers.
ARTICLE 7
The Commission shall draw up a report each year on progress in
achieving the objective of Article 1, including the demographic
situation in the Community. It shall forward the report to the European
Parliament, the Council and the Economic and Social Committee.
The European Parliament may invite the Commission to draw up
reports on particular problems concerning the social situation.
DECLARATIONS
1. Declaration on Article 2(2)
The eleven High Contracting Parties note that in the discussions on
Article 2(2) of the Agreement it was agreed that the Community does
not intend, in laying down minimum requirements for the protection of
the safety and health of employees, to discriminate in a manner
unjustified by the circumstances against employees in small and
medium-sized undertakings.
2. Declaration on Article 4(2)
The eleven High Contracting Parties declare that the first of the
arrangements for application of the agreements between management
and labour at Community level - referred to in Article 4(2) - will consist
in developing, by collective bargaining according to the rules of each
Member State, the content of the agreements, and that consequently
this arrangement implies no obligation on the Member States to apply
the agreements directly or to work out rules for their transposition, or
any obligation to amend national legislation in force to facilitate their
implementation.
PROTOCOL
ON ECONOMIC AND SOCIAL COHESION THE HIGH CONTRACTING
PARTIES,
RECALLING that the Union has set itself the objective of promoting
economic and social progress, inter alia, through the strengthening of
economic and social cohesion;
RECALLING that Article 2 of the Treaty establishing the European
Community includes the task of promoting economic and social
cohesion and solidarity between Member States and that the
strengthening of economic and social cohesion figures among the
activities of the Community listed in Article 3;
RECALLING that the provisions of Part Three, Title XIV, on economic
and social cohesion as a whole provide the legal basis for
consolidating and further developing the Community's action in the
field of economic and social cohesion, including the creation of a new
fund;
RECALLING that the provisions of Part Three, Title XII on trans-
European networks and Title XVI on environment envisage a Cohesion
Fund to be set up before 31 December 1993;
STATING their belief that progress towards Economic and Monetary
Union will contribute to the economic growth of all Member States;
NOTING that the Community's Structural Funds are being doubled in
real terms between 1987 and 1993, implying large transfers,
especially as a proportion of GDP of the less prosperous Member
States;
NOTING that the European Investment Bank is lending large and
increasing amounts for the benefit of the poorer regions;
NOTING the desire for greater flexibility in the arrangements for
allocation from the Structural Funds;
NOTING the desire for modulation of the levels of Community
participation in programmes and projects in certain countries;
NOTING the proposal to take greater account of the relative prosperity
of Member States in the system of own resources,
REAFFIRM that the promotion of economic and social cohesion is vital
to the full development and enduring success of the Community, and
underline the importance of the inclusion of economic and social
cohesion in Articles 2 and 3 of this Treaty;
REAFFIRM their conviction that the Structural Funds should continue to
play a considerable part in the achievement of Community objectives
in the field of cohesion;
REAFFIRM their conviction that the European Investment Bank should
continue to devote the majority of its resources to the promotion of
economic and social cohesion, and declare their willingness to review
the capital needs of the European Investment Bank as soon as this is
necessary for that purpose;
REAFFIRM the need for a thorough evaluation of the operation and
effectiveness of the Structural Funds in 1992, and the need to review,
on that occasion, the appropriate size of these Funds in the light of the
tasks of the Community in the area of economic and social cohesion;
AGREE that the Cohesion Fund to be set up before 31 December 1993
will provide Community financial contributions to projects in the fields
of environment and trans-European networks in Member States with a
per capita GNP of less than 90% of the Community average which
have a programme leading to the fulfilment of the conditions of
economic convergence as set out in Article 104c;
DECLARE their intention of allowing a greater margin of flexibility in
allocating financing from the Structural Funds to specific needs not
covered under the present Structural Funds regulations;
DECLARE their willingness to modulate the levels of Community
participation in the context of programmes and projects of the
Structural Funds, with a view to avoiding excessive increases in
budgetary expenditure in the less prosperous Member States;
RECOGNIZE the need to monitor regularly the progress made towards
achieving economic and social cohesion and state their willingness to
study all necessary measures in this respect;
DECLARE their intention of taking greater account of the contributive
capacity of individual Member States in the system of own resources,
and of examining means of correcting, for the less prosperous
Member States, regressive elements existing in the present own
resources system;
AGREE to annex this Protocol to the Treaty establishing the European
Community.
PROTOCOL
ON THE ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE
OF THE REGIONS
THE HIGH CONTRACTING PARTIES
HAVE AGREED upon the following provision, which shall be annexed
to this Treaty establishing the European Community:
The Economic and Social Committee and the Committee of the
Regions shall have a common organizational structure.
PROTOCOL
ANNEXED TO THE TREATY ON EUROPEAN UNION AND TO THE
TREATIES ESTABLISHING THE EUROPEAN COMMUNITIES
THE HIGH CONTRACTING PARTIES,
HAVE AGREED upon the following provision, which shall be annexed
to the Treaty on European Union and to the Treaties establishing the
European Communities:
Nothing in the Treaty on European Union, or in the Treaties
establishing the European Communities, or in the Treaties or Acts
modifying or supplementing those Treaties, shall affect the application
in Ireland of Article 40.3.3 of the Constitution of Ireland.
FINAL ACT
1. The Conferences of the Representatives of the Governments of the
Member States convened in Rome on 15 December 1990 to adopt by
common accord the amendments to be made to the Treaty
establishing the European Economic Community with a view to the
achievement of political union and with a view to the final stages of
economic and monetary union, and those convened in Brussels on 3
February 1992 with a view to amending the Treaties establishing
respectively the European Coal and Steel Community and the
European Atomic Energy Community as a result of the amendments
envisaged for the Treaty establishing the European Economic
Community have adopted the following texts:
I
the Treaty on European Union
II
Protocols
1. Protocol on the acquisition of property in Denmark
2. Protocol concerning Article 119 of the Treaty establishing the
European Community
3. Protocol on the Statute of the European System of central banks and
of the European Central Bank
4. Protocol on the Statute of the European Monetary Institute
5. Protocol on the excessive deficit procedure
6. Protocol on the convergence criteria referred to in Article 109j of the
Treaty establishing the European Community
7. Protocol amending the Protocol on the privileges and immunities of
the European Communities
8. Protocol on Denmark
9. Protocol on Portugal
10. Protocol on the transition to the third stage of economic and
monetary union
11. Protocol on certain provisions relating to the United Kingdom of
Great Britain and Northern Ireland
12. Protocol on certain provisions relating to Denmark.
13. Protocol on France
14. Protocol on social policy, to which is annexed an agreement
concluded between the Member States of the European Community
with the exception of the United Kingdom of Great Britain and Northern
Ireland, to which two declarations are attached
15. Protocol on economic and social cohesion
16. Protocol on the Economic and Social Committee and the Committee
of the Regions
17. Protocol annexed to the Treaty on European Union and to the
Treaties establishing the European Communities
The Conferences agreed that the Protocols referred to in 1 to 16 above
will be annexed to the Treaty establishing the European Community
and that the Protocol referred to in 17 above will be annexed to the
Treaty of European Union and to the Treaties establishing the
European Communities.
2. At the time of signature of these texts, the Conferences adopted the
declarations listed below and annexed to this Final Act:
III
Declarations
1. Declaration on civil protection, energy and tourism
2. Declaration on nationality of a Member State
3. Declaration on Part Three, Titles III and VI, of the Treaty establishing
the European Community
4. Declaration on Part Three, Title VI, of the Treaty establishing the
European Community
5. Declaration on monetary co-operation with non-Community countries
6. Declaration on monetary relations with the Republic of San Marino,
the Vatican City and the Principality of Monaco
7. Declaration on Article 73d of the Treaty establishing the European
Community
8. Declaration on Article 109 of the Treaty establishing the European
Economic Community
9. Declaration on Part Three, Title XVI, of the Treaty establishing the
European Community
10. Declaration on Articles 109, 130r and 130y of the Treaty
establishing the European Community
11. Declaration on the Directive of 24 November 1988 (Emissions)
12. Declaration of the European Development Fund
13. Declaration on the role of national Parliaments in the European
Union
14. Declaration on the Conference of the Parliaments
15. Declaration on the number of members of the Commission and of
the European Parliament
16. Declaration on the hierarchy of Community Acts
17. Declaration on the right of access to information
18. Declaration on estimated costs under Commission proposals
19. Declaration on the implementation of Community law
20. Declaration on assessment of the environmental impact of
Community measures
21. Declaration on the Court Auditors
22. Declaration of the Economic and Social Committee
23. Declaration on co-operation with charitable associations
24. Declaration on the protection of animals
25. Declaration on the representation of the interests of the overseas
countries and territories referred to in Article 227(3) and (5)(a) and (b) of
the Treaty establishing the European Community
26. Declaration on the outermost regions of the Community
27. Declaration on voting in the field of the common foreign and
security policy
28 Declaration on practical arrangements in the field of the common
foreign and security policy.
29. Declaration on the use of languages in the field of the common
foreign and security policy
30. Declaration on Western European Union
31. Declaration on asylum
32. Declaration on police co-operation
33. Declaration on disputes between the ECB and the EMI and their
servants
Done at Maastricht this seventh day of February in the year on
thousand nine hundred and ninety-two
DECLARATION
ON CIVIL PROTECTION, ENERGY AND TOURISM
The Conference declares that the question of introducing into the
Treaty establishing the European Community Titles relating to the
spheres referred to in Article 3(t) of that Treaty will be examined, in
accordance with the procedure laid down in Article N(2) of the Treaty on
European Union, on the basis of a report which the Commission will
submit to the Council by 1996 at the latest.
The Commission declares that Community action in those spheres will
be pursued on the basis of the present provisions of the Treaties
establishing the European Communities.
DECLARATION
ON NATIONALITY OF A MEMBER STATE
The Conference declares that, wherever in the Treaty establishing the
European Community reference is made to nationals of the Member
States, the question whether an individual possesses the nationality
of a Member State shall be settled solely by reference to the national
law of the Member State concerned. Member States may declare, for
information, who are to be considered their nationals for Community
purposes by way of declaration lodged with the Presidency and may
amend any such declarations when necessary.
DECLARATION
ON PART THREE,TITLES III AND VI, OF THE TREATY ESTABLISHING
THE EUROPEAN COMMUNITY
The Conference affirms that, for the purposes of applying the
provisions set out in Part Three, Title III, Chapter 4 on capital and
payments, and Title VI on economic and monetary policy, of this
Treaty, the usual practice, according to which the Council meets in the
composition of Economic and Finance Ministers, shall be continued,
without prejudice to Article 109j(2) to (4) and Article 109k(2).
DECLARATION
ON PART THREE, TITLE VI, OF THE TREATY ESTABLISHING THE
EUROPEAN COMMUNITY
The Conference affirms that the President of the European Council
shall invite the Economic and Finance Ministers to participate in
European Council meetings when the European Council is discussing
matters relating to Economic and Monetary Union.
DECLARATION
ON MONETARY COOPERATION WITH NON-COMMUNITY COUNTRIES
The Conference affirms that the Community shall aim to contribute to
stable international monetary relations. To this end the Community
shall be prepared to co-operate with other European countries and with
those non-European countries with which the Community has close
economic ties.
DECLARATION
ON MONETARY RELATIONS WITH THE REPUBLIC OF SAN MARINO,
THE VATICAN CITY AND THE PRINCIPALITY OF MONACO
The Conference agrees that the existing monetary relations between
Italy and San Marino and the Vatican City and between France and
Monaco remain unaffected by the Treaty establishing the European
Community until the introduction of the ECU as the single currency of
the Community.
The Community undertakes to facilitate such renegotiations of existing
arrangements as might become necessary as a result of the
introduction of the ECU as a single currency.
DECLARATION
ON ARTICLE 73d OF THE TREATY ESTABLISHING THE EUROPEAN
COMMUNITY
The Conference affirms that the right of Member States to apply the
relevant provisions of their tax law as referred to in Article 73d(1)(a) of
this Treaty will apply only with respect to the relevant provisions
which exist at the end of 1993. However, this Declaration shall apply
only to capital movements between Member States and to payments
effected between Member States.
DECLARATION
ON ARTICLE 109 OF THE TREATY ESTABLISHING THE EUROPEAN
COMMUNITY
The Conference emphasizes that use of the term "formal agreements"
in Article 109(1) is not intended to create a new category of
international agreement within the meaning of Community law.
DECLARATION
ON PART THREE, TITLE XVI, OF THE TREATY ESTABLISHING THE
EUROPEAN COMMUNITY
The Conference considers that, in view of the increasing importance of
nature conservation at national, Community and international level,
the Community should, in exercising its powers under the provisions
of Part Three, Title XVI, take account of the specific requirements of
this area.
DECLARATION
ON ARTICLES 109, 130r AND 130y of THE TREATY ESTABLISHING
THE EUROPEAN COMMUNITY
The Conference considers that the provisions of Article 109(5), Article
130r(4), second subparagraph, and Article 130y do not affect the
principles resulting from the judgment handed down by the Court of
Justice in the AETR case.
DECLARATION
ON THE DIRECTIVE OF 24 NOVEMBER 1988 (Emissions)
The Conference declares that changes in Community legislation
cannot undermine the derogations granted to Spain and Portugal until
31 December 1999 under the Council Directive of 24 November 1988
on the limitation of emissions of certain pollutants into the air from
large combustion plants.
DECLARATION
ON THE EUROPEAN DEVELOPMENT FUND
The Conference agrees that the European Development Fund will
continue to be financed by national contributions in accordance with
the current provisions.
DECLARATION
ON THE ROLE OF NATIONAL PARLIAMENTS IN THE EUROPEAN
UNION
The Conference considers that it is important to encourage greater
involvement of national Parliaments in the activities of the European
Union.
To this end, the exchange of information between the national
Parliaments and the European Parliament should be stepped up. In
this context, the governments of the Member States will ensure, inter
alia, that national Parliaments receive Commission proposals for
legislation in good time for information or possible examination.
Similarly, the Conference considers that it is important for contacts
between the national Parliaments and the European Parliament to be
stepped up, in particular through the granting of appropriate reciprocal
facilities and regular meetings between members of Parliament
interested in the same issues.
DECLARATION
ON THE CONFERENCE OF THE PARLIAMENTS
The Conference invites the European Parliament and the national
Parliaments to meet as necessary as a Conference of the Parliaments
(or "Assises")
The Conference of the Parliaments will be consulted on the main
features of the European Union, without prejudice to the powers of the
European Parliament and the rights of the national Parliaments. The
President of the European Council and the President of the
Commission will report to each session of the Conference of the
Parliaments on the state of the Union.
DECLARATION
ON THE NUMBER OF MEMBERS OF THE COMMISSION AND OF THE
EUROPEAN PARLIAMENT
The Conference agrees that the Member States will examine the
questions relating to the number of members of the Commission and
the number of members of the European Parliament no later than at
the end of 1992, with a view to reaching an agreement which will
permit the establishment of the necessary legal basis for fixing the
number of members of the European Parliament in good time for the
1994 elections. The decisions will be taken in the light, inter alia, of
the need to establish the overall size of the European Parliament in an
enlarged Community.
DECLARATION
ON THE HIERARCHY OF COMMUNITY ACTS
The Conference agrees that the Intergovernmental Conference to be
convened in 1996 will examine to what extent it might be possible to
review the classification of Community acts with a view to establishing
an appropriate hierarchy between the different categories of act.
DECLARATION
ON THE RIGHT OF ACCESS TO INFORMATION
The Conference considers that transparency of the decision-making
process strengthens the democratic nature of the institutions and the
public's confidence in the administration. The Conference accordingly
recommends that the Commission submit to the Council no later than
1993 a report on measures designed to improve public access to the
information available to the institutions.
DECLARATION
ON ESTIMATED COSTS UNDER COMMISSION PROPOSALS
The Conference notes that the Commission undertakes, by basing
itself where appropriate on any consultations it considers necessary
and by strengthening its system for evaluating Community legislation,
to take account in its legislative proposals of costs and benefits to the
Member States' public authorities and all the parties concerned.
DECLARATION
ON THE IMPLEMENTATION OF COMMUNITY LAW
1. The Conference stresses that it is central to the coherence and unity
of the process of European construction that each Member State
should fully and accurately transpose into national law the Community
Directives addressed to it within the deadlines laid down therein.
Moreover, the Conference, while recognizing that it must be for each
Member State to determine how the provisions of Community law can
best be enforced in the light of its own particular institutions, legal
system and other circumstances, but in any event in compliance with
Article 189 of the Treaty establishing the European Community,
considers it essential for the proper functioning of the Community that
the measures taken by the different Member States should result in
Community law being applied with the same effectiveness and rigour
as in the application of their national law.
2. The Conference calls on the Commission to ensure, in exercising its
powers under Article 155 of this Treaty, that Member States fulfill their
obligations. It asks the Commission to publish periodically a full report
for the Member States and the European Parliament.
DECLARATION
ON ASSESSMENT OF THE ENVIRONMENTAL IMPACT OF COMMUNITY
MEASURES
The Conference notes that the Commission undertakes in its
proposals, and that the Member States undertake in implementing
those proposals, to take full account of their environmental impact and
of the principle of sustainable growth.
DECLARATION
ON THE COURT OF AUDITORS
The Conference emphasizes the special importance it attaches to the
task assigned to the Court of Auditors by Articles 188a, 188b, 188c and
206 of the Treaty establishing the European Community.
It requests the other Community institutions to consider, together with
the Court of Auditors, all appropriate ways of enhancing the
effectiveness of its work.
DECLARATION ON THE ECONOMIC AND SOCIAL COMMITTEE
The Conference agrees that the Economic and Social Committee will
enjoy the same independence with regard to its budget and staff
management as the Court Auditors has enjoyed hitherto.
DECLARATION
ON COOPERATION WITH CHARITABLE ASSOCIATIONS
The Conference stresses the importance, in pursuing the objectives of
Article 117 on the Treaty establishing the European Community, of co-
operation between the latter and charitable associations and
foundations as institutions responsible for social welfare
establishments and services.
DECLARATION
ON THE PROTECTION OF ANIMALS
The Conference calls upon the European Parliament, the Council and
the Commission, as well as the Member States, when drafting and
implementing Community legislation on the common agricultural
policy, transport, the internal market and research, to pay full regard to
the welfare requirements of animals.
DECLARATION
ON THE REPRESENTATION OF THE INTERESTS OF THE OVERSEAS
COUNTRIES AND TERRITORIES REFERRED TO IN ARTICLE 227(3)
AND (5)(a) AND (b) OF THE TREATY ESTABLISHING THE EUROPEAN
COMMUNITY
The Conference, noting that in exceptional circumstances divergences
may arise between the interests of the Union and those of the
overseas countries and territories referred to in Article 227(3) and
(5)(a) and (b), agrees that the Council will seek to reach a solution
which accords with the position of the Union. However, in the event
that this proves impossible, the Conference agrees that the Member
State concerned may act separately in the interests of the said
overseas countries and territories, without this affecting the
Community's interests. The Member State concerned will give notice
to the Council and the Commission where such a divergence of
interests is likely to occur and, when separate action proves
unavoidable, make it clear that it is acting in the interests of overseas
territory mentioned above.
This declaration also applies to Macao and East Timor.
DECLARATION
ON THE OUTERMOST REGIONS OF THE COMMUNITY
The Conference acknowledges that the outermost regions of the
Community (the French overseas departments, Azores and Madeira
and Canary Islands) suffer from major structural backwardness
compounded by several phenomena (remoteness, island status, small
size, difficult topography and climate, economic dependence on a few
products), the permanence and combination of which severely restrain
their economic and social development.
It considers that, while the provisions of the Treaty establishing the
European Community and secondary legislation apply automatically to
outermost regions, it is nonetheless possible to adopt specific
measures to assist them inasmuch and as long as there is an
objective need to take such measures with a view to the economic and
social development of those regions. Such measures should have
their aim both the completion of the internal market and a recognition
of the regional reality to enable the outermost regions to achieve the
average economic and social level of the Community.
DECLARATION
ON VOTING IN THE FIELD OF THE COMMON FOREIGN AND SECURITY
POLICY
The Conference agrees that, with regard to Council decisions requiring
unanimity, Member States will, to the extent possible, avoid
preventing a unanimous decision where a qualified majority exists in
favour of that decision.
DECLARATION
ON PRACTICAL ARRANGEMENTS IN THE FIELD OF THE COMMON
FOREIGN AND SECURITY POLICY
The Conference agrees that the division of work between the Political
Committee and the Committee of Permanent Representatives will be
examined at a later stage, as will the practical arrangements for
merging the Political Co-operation Secretariat with the General
Secretariat of the Council and for co-operation between the latter and
the Commission.
DECLARATION ON THE USE OF LANGUAGES IN THE FIELD OF THE
COMMON FOREIGN AND SECURITY POLICY
The Conference agrees that the use of languages shall be in
accordance with the rules of the European Communities.
For COREU communications, the current practice of European political
co-operation will serve as a guide for the time being.
All common foreign and security policy texts which are submitted to or
adopted at meeting of the European Council and of the Council as well
as all texts which are to be published are immediately and
simultaneously translated into all the official Community languages.
DECLARATION
ON WESTERN EUROPEAN UNION
The Conference notes the following declarations:
I. DECLARATION
by Belgium, Germany, Spain, France, Italy, Luxembourg, the
Netherlands, Portugal and the United Kingdom of Great Britain and
Northern Ireland, which are members of the Western European Union
and also members of the European Union on
THE ROLE OF THE WESTERN EUROPEAN UNION AND ITS RELATIONS
WITH THE EUROPEAN UNION AND WITH THE ATLANTIC ALLIANCE
Introduction
1. WEU Member States agree on the need to develop a genuine
European security and defence identity and a greater European
responsibility on defence matters. This identity will be pursued
through a gradual process involving successive phases. WEU will
form an integral part of the process of the development of the
European Union and will enhance its contribution to solidarity within
the Atlantic Alliance. WEU Member States agree to strengthen the role
of WEU, in the longer term perspective of a common defence,
compatible with that of the Atlantic Alliance.
2. WEU will be developed as the defence component of the European
Union and as a means to strengthen the European pillar of the Atlantic
Alliance. To this end, it will formulate common European defence
policy and carry forward its concrete implementation through the
further development of its own operational role.
WEU Member States take note of Article J.4 relating to the common
foreign and security policy of the Treaty on European Union which
reads as follows:
"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 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."
A. WEU's relations with European Union
3. The objective is to build up WEU in stages as the defence
component of the European Union. To this end, WEU is prepared, at
the request of the European Union, to elaborate and implement
decisions and actions of the Union which have defence implications.
To this end, WEU will take the following measures to develop a close
working relationship with the Union:
- as appropriate, synchronization of the dates and venues of meetings
and harmonization of working methods;
- establishment of close co-operation between the Council and
Secretariat-General of WEU on the one hand, and the Council of the
Union and General Secretariat of the Council on the other;
- consideration of the harmonization of the sequence and duration of
the respective Presidencies;
- arranging for appropriate modalities so as to ensure that the
Commission of the European Communities is regularly informed and,
as appropriate, consulted on WEU activities in accordance with the
role of the Commission in the common foreign and security policy as
defined in the Treaty on European Union;
- encouragement of closer co-operation between the Parliamentary
Assembly of WEU and the European Parliament.
The WEU Council shall, in agreement with the competent bodies of the
European Union, adopt the necessary practical arrangements.
B. WEU's relations with the Atlantic Alliance
4. The objective is to develop WEU as a means to strengthen the
European pillar of the Atlantic Alliance. Accordingly WEU is prepared
to develop further the close working links between WEU and the
Alliance and to strengthen the role, responsibilities and contributions
of WEU Member States in the Alliance. This will be undertaken on the
basis of the necessary transparency and complementarity between
the emerging European security and defence identity and the Alliance.
WEU will act in conformity with the positions adopted in the Atlantic
Alliance.
- WEU Member States will intensify their co-ordination on Alliance
issues which represent an important common interest with the aim of
introducing joint positions agreed in WEU into the process of
consultation in the Alliance which will remain the essential forum for
consultation among its members and the venue for agreement on
policies bearing on the security and defence commitments of Allies
under the North Atlantic Treaty.
- Where necessary, dates and venues of meetings will be
synchronized and working methods harmonized.
- Close co-operation will be established between the Secretariats-
General of WEU and NATO.
C. Operational role of WEU
5. WEU's operational role will be strengthened by examining and
defining appropriate missions, structures and means, covering in
particular:
-WEU planning cell;
- closer military co-operation complementary to the Alliance in
particular in the fields of logistics, transport, training and strategic
surveillance;
- meetings of WEU Chiefs of Defence Staff;
- military units answerable to WEU.
Other proposals will be examined further including:
- enhanced co-operation in the field of armaments with the aim of
creating a European armaments agency;
-development of the WEU Institute into a European Security and
Defence Academy.
Arrangements aimed at giving WEU a stronger operational role will be
fully compatible with the military dispositions necessary to ensure the
collective defence of all Allies.
D. Other measures
6. As a consequence of the measures set out above, and in order to
facilitate the strengthening of WEU's role, the seat of the WEU Council
and Secretariat will be transferred to Brussels.
7. Representation of the WEU Council must be such that the Council is
able to exercise its functions continuously in accordance with Article
VIII of the modified Brussels Treaty. Member States may draw on a
double-hatting formula, to be worked out, consisting of their
representatives to the Alliance and to the European Union.
8. WEU notes that, in accordance with the provisions of Article J.4(6)
concerning the common foreign and security policy of the Treaty on
European Union, the Union will decide to review the provisions of this
Article with a view to furthering the objective to be set by it in
accordance with the procedure defined. The WEU will re-examine the
present provisions in 1996. This re-examination will take account of
the progress and experience acquired and will extend to relations
between WEU and the Atlantic Alliance.
II. DECLARATION
by Belgium, Germany, Spain, France, Italy, Luxembourg, the
Netherlands, Portugal and the United Kingdom of Great Britain and
Northern Ireland which are members of the Western European Union.
"The Member States of WEU welcome the development of the
European security and defence identity. They are determined, taking
into account the role of WEU as the defence component of the
European Union and as the means to strengthen the European pillar of
the Atlantic Alliance, to put the relationship between WEU and the
other European States on a new basis for the sake of stability and
security in Europe. In this spirit, they propose the following:
States which are members of the European Union are invited to
accede to WEU on conditions to be agreed in accordance with Article
XI of the modified Brussels Treaty, or to become observers if they so
wish. Simultaneously, other European Member States of NATO are
invited to become associate members of WEU in a way which will give
them the possibility of participating fully in the activities of WEU.
The Member States of WEU assume that treaties and agreements
corresponding with the above proposals will be concluded before 31
December 1992."
DECLARATION
ON ASYLUM
1. The Conference agrees that, in the context of the proceedings
provided for in Articles K.1 and K.3 of the provisions on co-operation in
the fields of justice and home affairs, the Council will consider as a
matter of priority questions concerning Member States' asylum
policies, with the aim of adoption by the beginning of 1993, common
action to harmonize aspects of them, in the light of the work
programme and timetable contained in the report on asylum drawn up
at the request of the European Council meeting in Luxembourg on 28
and 29 June 1991.
2. In this connection, the Council will also consider, by the end of
1993, on the basis of a report, the possibility of applying Article K.9 to
such matters.
DECLARATION
ON POLICE CO-OPERATION
The Conference confirms the agreement of the Member States on the
objectives underlying the German delegations's proposals at the
European Council meeting in Luxembourg on 28 and 29 June 1991.
For the present, the Member States agree to examine as a matter of
priority the drafts submitted to them, on the basis of the work
programme and timetable agreed upon in the report drawn up at the
request of the Luxembourg European Council, and they are willing to
envisage the adoption of practical measures in areas such as those
suggested by the German delegation, relating to the following
functions in the exchange of information and experience:
- support for national criminal investigation and security authorities, in
particular in the co-ordination of investigations and search operations;
- creation of data bases;
- central analysis and assessment of information in order to take stock
of the situation and identify investigative approaches;
- collection and analysis of national prevention programmes for
forwarding to Member States and for drawing up Europe-wide
prevention strategies;
- measures relating to further training, research, forensic matters and
criminal records departments.
Member States agree to consider on the basis of a report, during 1994
at the latest, whether the scope of such co-operation should be
extended.
DECLARATION
ON DISPUTES BETWEEN THE ECB AND THE EMI AND THEIR
SERVANTS
The Conference considers it proper that the Court of First Instance
should hear this class of action in accordance with Article 168a of the
Treaty establishing the European Community. The Conference
therefore invites the institutions to adapt the relevant rules
accordingly.
Done at Maastricht on the seventh day of February one thousand nine
hundred and ninety two
[ here follow the signatures ]
MAY1_92
On 1 May 1992, in Guimaraes (Portugal), the High Contracting Parties
to the Treaty on European Union adopted the following Declaration:
DECLARATION OF THE HIGH CONTRACTING PARTIES TO THE TREATY
ON EUROPEAN UNION
The High Contracting Parties to the Treaty on European Union signed
at Maastricht on the seventh day of February 1992,
Having considered the terms of Protocol No 17 to the said Treaty on
European Union which is annexed to that Treaty and to the Treaties
establishing the European Communities, Hereby give the following
legal interpretation:
That it was and is their intention that the Protocol shall not limit
freedom to travel between Member States or, in accordance with
conditions which may be laid down, in conformity with Community law,
by Irish legislation, to obtain or make available in Ireland information
relating to services lawfully available in Member States.
At the same time the High Contracting Parties solemly declare that, in
the event of a future constitutional amendment in Ireland which
concerns the subject matter of Article 40.3.3. of the Constitution of
Ireland and which does not conflict with the intention of the High
Contracting Parties hereinbefore expressed, they will, following the
entry into force of the Treaty on European Union, be favourably
disposed to amending the said Protocol so as to extend its application
to such constitutional amendment if Ireland so requests.