TRETY OF AMSTERDAM
SECTION TWO
THE UNION AND THE
CITIZEN
CHAPTER 9. SUBSIDIARITY
Protocol on the application of the principles of subsidiarity and
proportionality
The HIGH CONTRACTING PARTIES
DETERMINED to establish the conditions for the application of the principles of
subsidiarity and proportionality enshrined in Article 3b of the Treaty
establishing the European Community with a view to defining more precisely the
criteria for applying them and to ensure their strict observance and consistent
implementation by all institutions WISHING to ensure that decisions are taken as
closely as possible to the citizens of the Union
TAKING ACCOUNT of the Interinstitutional Agreement of 28 October 1993 between the European Parliament, the Council and the Commission on procedures for implementing the principle of subsidiarity HAVE
CONFIRMED that the conclusions of the Birmingham European Council on 16 October 1992 and the overall approach to the application of the subsidiarity principle agreed by the European Council meeting in Edinburgh on 11-12 December 1992, will continue to guide the action of the Union's institutions as well as the development of the application of the principle of subsidiarity, and, for this purpose, have agreed on the following provisions which shall be annexed to the Treaty establishing the European Community:
1. In exercising the powers conferred on it, each institution shall ensure that the principle of subsidiarity is complied with. It shall also ensure compliance with the principle of proportionality, according to which any action by the Community shall not go beyond what is necessary to achieve the objectives of the Treaty.
2. The application of the principles of subsidiarity and proportionality shall respect the general provisions and the objectives of the Treaty, particularly as regards the maintaining in full of the acquis communautaire and the institutional balance; it shall not affect the principles developed by the Court of Justice regarding the relationship between national and Community law, and it should take into account Article F(3) of the TEU, according to which "the Union shall provide itself with the means necessary to attain its objectives and carry through its policies".
3. The principle of subsidiarity does not call into question the powers conferred on the European Community by the Treaty, as interpreted by the Court of Justice. The criteria referred to in Article 3b(2) shall relate to areas for which the Community does not have exclusive competence. The principle of subsidiarity provides a guide as to how those powers are to be exercised at the Community level. Subsidiarity is a dynamic concept and should be applied in the light of the objectives set out in the Treaty. It allows Community action within the limits of its powers to be expanded where circumstances so require, and conversely, to be restricted or discontinued where it is no longer justified.
4. For any proposed Community legislation, the reasons on which it is based shall be stated with a view to justifying that it complies with the principles of subsidiarity and proportionality; the reasons for concluding that a Community objective can be better achieved by the Community must be substantiated by qualitative or, wherever possible, quantitative indicators.
5. For Community action to be justified, both aspects of the subsidiarity
principle shall be met: the objectives of the proposed action cannot be
sufficiently achieved by Member States' action in the framework of their
national constitutional system and can therefore be better achieved by action on
the part of the Community.
The following guidelines should be used in examining whether the
abovementioned condition is fulfilled:
- the issue under consideration has transnational aspects which
cannot be satisfactorily regulated by action by Member States;
- actions by Member States alone or lack of Community action
would conflict with the requirements of the Treaty (such as the need to correct
distortion of competition or avoid disguised restrictions on trade or strengthen economic and social
cohesion) or would otherwise significantly damage Member States' interests;
- action at Community level would produce clear benefits by
reason of its scale or effects compared with action at the level of the Member States.
6. The form of Community action shall be as simple as possible, consistent with
satisfactory achievement of the objective of the measure and the need for
effective enforcement. The Community shall legislate only to the extent
necessary. Other things being equal, directives should be preferred to
regulations and framework directives to detailed measures. Directives as
provided for in Article 189, while binding upon each Member State to which they
are addressed as to the result to be achieved, shall leave to the national
authorities the choice of form and methods.
7. Regarding the nature and the extent of Community action, Community measures should leave as much scope for national decision as possible, consistent with securing the aim of the measure and observing the requirements of the Treaty. While respecting Community law, care should be taken to respect well established national arrangements and the organization and working of Member States legal systems. Where appropriate and subject to the need for proper enforcement, Community measures should provide Member States with alternative ways to achieve the objectives of the measures.
8. Where the application of the principle of subsidiarity leads to no action being taken by the Community, Member States are required in their action to comply with the general rules laid down in Article 5 of the Treaty, by taking all appropriate measures to ensure fulfilment of their obligations under the Treaty and by abstaining from any measure which could jeopardize the attainment of the objectives of the Treaty.
9. Without prejudice to its right of initiative, the Commission should:
- except in cases of particular urgency or confidentiality,
consult widely before proposing legislation and, wherever appropriate, publish
consultation documents;
- justify the relevance of its proposals with regard to the
principle of subsidiarity; whenever necessary, the explanatory memorandum accompanying a
proposal will give details in this respect. The financing of Community action in
whole or in part from the Community budget shall require an explanation;
-take duly into account the need for any burden, whether
financial or administrative, falling upon the Community, national governments, local
authorities, economic operators and citizens, to be minimized and proportionate to the objective
to be achieved;
- submit an annual report to the European Council, the Council
and the European Parliament on the application of Article 3b of the Treaty. This
annual report shall also be sent to the Committee of the Regions and to the Economic and
Social Committee.
10. The European Council shall take account of the Commission report referred in
paragraph 9, fourth indent, within the report on the progress achieved by the
Union which it is required to submit to the European Parliament in accordance
with Article D of the Treaty on European Union.
11. While fully observing the procedures applicable, the European Parliament and the Council shall, as an integral part of the overall examination of Commission proposals, consider their consistency with Article 3b. This concerns the original Commission proposal as well as amendments which the European Parliament and the Council envisage making to the proposal.
12. In the course of the procedures referred to in Articles 189b and 189c, the European Parliament shall be informed of the Council's position on the application of Article 3b, by way of a statement of the reasons which led the Council to adopt its common position. The Council shall inform the European Parliament of the reasons on the basis of which all or part of a Commission proposal is deemed to be inconsistent with Article 3b of the Treaty.
13. Compliance with the principle of subsidiarity shall be reviewed in accordance with the rules laid down by this Treaty.
Declaration relating to the Protocol on the application of the principles of subsidiarity and proportionality
The High Contracting Parties confirm, on the one hand, Declaration No. 19
annexed to the Treaty establishing the European Community on the implementation
of Community law and, on the other, the conclusions of the Essen European
Council stating that the administrative implementation of Community law shall in
principle be the responsibility of the Member States in accordance with their
constitutional arrangements. This shall not affect the supervisory, monitoring
and implementing powers of the Community Institutions as provided under Article
145 and 155 of the TEC.
CHAPTER 10. TRANSPARENCY
Amend the second paragraph of Article A of the TEU
This Treaty marks a new stage in the process of creating an ever
closer Union among the peoples of Europe, in which decisions are taken as openly as
possible and as closely as possible to the citizen.
New Article 191a in the TEC
1. Any citizen of the Union, and any natural or legal person
residing or having its registered office in a Member State, shall have a right of access
to European Parliament, Council and Commission documents, subject to the principles and
the conditions to be defined in accordance with paragraphs 2 and 3.
2. General principles and limits on grounds of public or private
interest governing this right of access to documents shall be determined by the Council,
acting in accordance with the procedure referred to in Article 189b within two years of the
entry into force of the Treaty.
3. Each institution referred to above shall elaborate in its own
rules of procedure specific
provisions regarding access to its documentsfootnote 12 (1).
Declaration to the Final Act on Article 191a(1) of the TEC
The Conference agrees that the principles and conditions referred
to in Article 191a(1) will allow a Member State to request the Commission or the Council not
to communicate to third parties a document originating from that State without its
prior agreement.
CHAPTER 11. QUALITY OF COMMUNITY
LEGISLATION
Declaration to the Final Act
on the quality of the drafting of Community legislation
The Conference notes that the quality of the drafting of Community legislation
is crucial if it is to be properly implemented by the competent national
authorities and better understood by the public and in business circles. It
recalls the conclusions on this subject reached by the Presidency of the
European Council in Edinburgh on 11 and 12 December 1992, as well as the Council
Resolution on the quality of drafting of Community legislation adopted on 8 June
1993 footnote 13 (1).
The Conference considers that the three institutions involved in the
procedure for adopting Community legislation, the European Parliament, the
Council and the Commission, should lay down guidelines on the quality of
drafting of the said legislation. It also stresses that Community legislation
should be made more accessible and welcomes in this regard the adoption and
first implementation of an accelerated working method for official codification
of legislative texts, established by the Interinstitutional Agreement of 20
December 1994footnote 14 (2).
Therefore, the Conference declares that the European Parliament,
the Council and the
Commission ought to:
- establish by common accord guidelines for improving the quality
of the drafting of Community legislation and follow those guidelines when
considering proposals for Community legislation or draft legislation, taking the internal
organizational measures they deem necessary to ensure that these guidelines are properly
applied;
- make their best efforts to accelerate the codification of
legislative texts.
SECTION
III
AN EFFECTIVE AND COHERENT EXTERNAL POLICY
CHAPTER 12. THE COMMON FOREIGN AND SECURITY POLICY
Amend Article C, second subparagraph, of the TEU
The Union shall in particular ensure the consistency of its
external activities as a whole in the context of its external relations, security, economic and
development policies. The Council and the Commission shall be responsible for ensuring such
consistency and shall cooperate to this end. They shall ensure the implementation of
these policies, each in accordance with its respective powers.
TITLE V
Provisions on a common foreign and security policy
Article J.1
1. The Union shall define and implement a common foreign and
security policy covering all areas of foreign and security policy, the objectives of which
shall be:
- to safeguard the common values, fundamental interests,
independence and integrity of the Union in conformity with the principles of the United Nations
Charter;
- to strengthen the security of the Union in all ways;
- to preserve peace and strengthen international security, in
accordance with the principles of the United Nations Charter, as well as the
principles of the Helsinki Final Act and the objectives of the Paris Charter, including those on
external borders;
- to promote international cooperation;
- to develop and consolidate democracy and the rule of law, and
respect for human rights and fundamental freedoms.
2. The Member States shall support the Union's external and
security policy actively and unreservedly in a spirit of loyalty and mutual solidarity.
The Member States shall work together to enhance and develop
their mutual political solidarity. They shall refrain from any action which is contrary
to the interests of the Union or likely to impair its effectiveness as a cohesive force in
international relations.
The Council shall ensure that these principles are complied with.
Article J.2 (former J.1(3))
The Union shall pursue the objectives set out in Article J.1 by:
- defining the principles of and general guidelines for the
common foreign and security policy;
- deciding on common strategies;
- adopting joint actions;
- adopting common positions;
- and strengthening systematic cooperation between Member States
in the conduct of policy.
Article J.3 (former J.8(1) and (2), first subparagraph)
1. The European Council shall define the principles of and
general guidelines for the common foreign and security policy, including for matters with
defence implications.
2. The European Council shall decide on common strategies to be implemented by the Union in areas where the Member States have important interests in common. Common strategies shall set out their objectives, duration and the means to be made available by the Union and the Member States.
3. The Council shall take the decisions necessary for defining
and implementing the common foreign and security policy on the basis of the general
guidelines defined by the European Council. The Council shall recommend common strategies
to the European Council and shall implement them, in particular
by adopting joint actions and common positions. The Council shall ensure the unity, consistency and effectiveness
of action by the Union.
Article J.4 (former J.3)
1. The Council shall adopt joint actions. Joint actions shall
address specific situations where operational action by the Union is deemed to be required.
They shall lay down their objectives, scope, the means to be made available to the Union,
if necessary their duration, and the conditions for their implementation.
2. If there is a change in circumstances having a substantial
effect on a question subject to joint action, the Council shall review the principles and
objectives of that action and take the necessary decisions. As long as the Council has not acted,
the joint action shall stand.
3. Joint actions shall commit the Member States in the positions
they adopt and in the conduct of their activity.
4. The Council may request the Commission to submit to it any
appropriate proposals relating to the common foreign and security policy to ensure the
implementation of a joint action.
5. Whenever there is any plan to adopt a national position or
take national action pursuant to a joint action, information shall be provided in time
to allow, if necessary, for prior consultations within the Council. The obligation to provide
prior information shall not apply to measures which are merely a national transposition of
Council decisions.
6. In cases of imperative need arising from changes in the
situation and failing a Council decision, Member States may take the necessary measures as a
matter of urgency having regard to the general objectives of the joint action. The Member
State concerned shall inform the Council immediately of any such measures.
7. Should there be any major difficulties in implementing a joint
action, a Member State shall refer them to the Council which shall discuss them and seek
appropriate solutions. Such solutions shall not run counter to the objectives of the
joint action or impair its effectiveness.
Article J.5 (former J.2(2))
The Council shall adopt common positions. Common positions shall
define the approach of the Union to a particular matter of a geographical or thematic
nature. Member States shall ensure that their national policies conform to the common
positions.
Article J.6 (former J.2(1))
Member States shall inform and consult one another within the
Council on any matter of foreign and security policy of general interest in order to
ensure that the Union's influence is exerted as effectively as possible by means of concerted and
convergent action.
Article J.7 (former J.4)
1. The common foreign and security policy shall include all
questions relating to the security of the Union, including the progressive framing of a
common defence policy, in accordance with the second subparagraph, which might lead to a
common defence, should the European Council so decide. It shall in that case recommend
to the Member States the adoption of such a decision in accordance with their respective
constitutional requirements.
The Western European Union (WEU) is an integral part of the
development of the Union providing the Union with access to an operational capability
notably in the context of paragraph 2. It supports the Union in framing the defence aspects
of the common foreign and security policy as set out in this Article. The Union shall
accordingly foster closer institutional relations with the WEU with a view to the
possibility of the integration of the WEU into the Union, should the European Council so decide. It
shall in that case recommend to the Member States the adoption of such a decision in
accordance with their respective constitutional requirements.
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, which see their common
defence realized in NATO, under the North Atlantic Treaty and be compatible with the common
security and defence policy established within that framework.
The progressive framing of a common defence policy will be
supported, as Member States consider appropriate, by cooperation between them in the
field of armaments.
2. Questions referred to in this Article shall include
humanitarian and rescue tasks, peacekeeping tasks and tasks of combat forces in crisis
management, including peacemaking.
3. The Union will avail itself of the WEU to elaborate and
implement decisions and actions of the Union which have defence implications.
The competence of the European Council to establish guidelines in
accordance with Article J.3 shall also obtain in respect of the WEU for those
matters for which the Union avails itself of the WEU.
When the Union avails itself of the WEU to elaborate and
implement decisions of the Union on the tasks referred to in paragraph 2 all Member States
of the Union shall be entitled to participate fully in the tasks in question. The
Council, in agreement with the institutions of the WEU, shall adopt the necessary practical
arrangements to allow all Member States contributing to the tasks in question to
participate fully and on an equal footing in planning and decision-taking in the WEU.
Decisions having defence implications dealt with under this
paragraph shall be taken without prejudice to the policies and obligations referred to in
paragraph 1, third subparagraph.
4. The provisions of this Article shall not prevent the
development of closer cooperation between two or more Member States on a bilateral level, in the
framework of the WEU and the Atlantic Alliance, provided such cooperation does not run
counter to or impede that provided for in this Title.
5. With a view to furthering the objectives of this Article, the
provisions of this Article will be reviewed in accordance with Article N.
Protocol on Article J.7 of the Treaty on European Union
THE HIGH CONTRACTING PARTIES
BEARING IN MIND the need to implement fully the provisions of
Article J.7(1), second subparagraph, and (3) of the TEU
BEARING IN MIND that the policy of the Union in accordance with
Article J.7 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, which see their common defence realized in NATO, under the North Atlantic Treaty and be
compatible with the common security and defence policy established within that
framework
HAVE AGREED upon the following provision, which shall be annexed
to the Treaty on European Union
The European Union shall draw up, together with the WEU,
arrangements for enhanced cooperation between them, within a year from the entry into force
of this Protocol.
Declaration on enhanced cooperation between the EU and the WEU
With a view to enhanced cooperation between the European Union
and the Western European Union, the Conference invites the Council to seek the
early adoption of appropriate arrangements for the security clearance of the
personnel of the General Secretariat of the Council.
Article J.8 (former J.5)
1. The Presidency shall represent the Union in matters coming within the common
foreign and security policy.
2. The Presidency shall be responsible for the implementation of common measures; in that capacity it shall in principle express the position of the Union in international organizations and international conferences.
3. The Presidency shall be assisted by the Secretary-General of the Council who shall exercise the function of High Representative for the common foreign and security policy. The Secretary-General, High Representative for the common foreign and security policy, shall be seconded by the deputy Secretary-General of the Council referred to in Article 151 of the TEC who shall be responsible for the running of the General Secretariatfootnote 15 (1).
4. The Commission shall be fully associated in the tasks referred to in paragraphs 1 and 2. The Presidency shall be assisted in those tasks if need be by the next Member State to hold the Presidency.
5. The Council may, whenever it deems it necessary, appoint a special representative with a mandate in relation to particular policy issues.
Article J.9 (former J.2(3) and J.5(4))
1. Member States shall coordinate their action in international organizations and at international conferences. They shall uphold the common positions in such fora. In international organizations and at international conferences where not all the Member States participate, those which do take part shall uphold the common positions.
2. Without prejudice to the previous paragraph and Article J.4(3), Member States represented in international organizations or international conferences where not all the Member States participate shall keep the latter informed of any matter of common interest.
Member States which are also members of the United Nations Security Council will concert and keep the other Member States fully informed. Member States which are permanent members of the Security Council will, in the execution of their functions, ensure the defence of the positions and the interests of the Union, without prejudice to their responsibilities under the provisions of the United Nations Charter.
Article J.10 (former J.6)
The diplomatic and consular missions of the Member States and the Commission Delegations in third countries and international conferences, and their representations to international organizations, shall cooperate in ensuring that the common positions and common measures adopted by the Council are complied with and implemented. They shall step up cooperation by exchanging information, carrying out joint assessments and contributing to the implementation of the provisions referred to in Article 8c of the Treaty establishing the European Community.
Article J.11 (former J.7)
The Presidency shall consult the European Parliament on the main aspects and the basic choices of the common foreign and security policy and shall ensure that the views of the European Parliament are duly taken into consideration. The European Parliament shall be kept regularly informed by the Presidency and the Commission of the development of the Union's foreign and security policy. The European Parliament may ask questions of the Council or make recommendations to it. It shall hold an annual debate on progress in implementing the common foreign and security policy.
Article J.12 (former J.8(3) and (4))
1. Any Member State or the Commission may refer to the Council any question relating to the common foreign and security policy and may submit proposals to the Council.
2. In cases requiring a rapid decision, the Presidency, of its own motion, or at the request of the Commission or a Member State, shall convene an extraordinary Council meeting within forty-eight hours or, in an emergency, within a shorter period.
Article J.13
1. Decisions under this Title shall be taken by the Council acting unanimously. Abstentions by members present in person or represented shall not prevent the adoption of such decisions. When abstaining in a vote, any member of the Council may qualify its abstention by making a formal declaration under the present subparagraph. In that case, it shall not be obliged to apply the decision, but shall accept that the decision commits the Union. In a spirit of mutual solidarity, the Member State concerned shall refrain from any action likely to conflict with or impede Union action based on that decision and the other Member States shall respect its position.
If the members of the Council qualifying their abstention in this way represent more than one third of the votes weighted in accordance with Article 148(2) of the TEC, the decision shall not be adopted.
2. By derogation from the provisions of paragraph 1, the Council shall act by qualified majority:
- when adopting joint actions, common positions or taking any other decision on the basis of a common strategy;
- when adopting any decision implementing a joint action or a common position.
If a member of the Council declares that, for important and stated reasons of national policy, it intends to oppose the adoption of a decision to be taken by qualified majority, a vote shall not be taken. The Council may, acting by a qualified majority, request that the matter be referred to the European Council for decision by unanimity. The votes of the members of the Council shall be weighted in accordance with article 148(2) of the Treaty establishing the European Community. For their adoption, decisions shall require at least 62 votes in favour, cast by at least 10 members.
This paragraph shall not apply to decisions having military or defence implications.
3. For procedural questions, the Council shall act by a majority of its members. New
Article J.14
When it is necessary to conclude an agreement with one or more States or international organizations in implementation of this Title, the Council, acting unanimously, may authorize the Presidency, assisted by the Commission as appropriate, to open negotiations to that effect. Such agreements shall be concluded by the Council acting unanimously on a recommendation from the Presidency.
No agreement shall be binding on a Member State whose representative in the Council states that it has to comply with the requirements of its own constitutional procedure; the other members of the Council may agree that the agreement shall apply provisionally to them.
The provisions of this Article shall also apply to matters falling under Title VI. Declaration to the Final Act relating to Articles J.14 and K.10
The provisions of Articles J.14 and K.10 and any agreements resulting from them shall not imply any transfer of competence from the Member States to the Union. Article J.15 (former J.8(5))
Without prejudice to Article 151 of the Treaty establishing the European Community, a Political Committee shall monitor the international situation in the areas covered by common foreign and security policy and contribute to the definition of policies by delivering opinions to the Council at the request of the Council or on its own initiative.
It shall also monitor the implementation of agreed policies, without prejudice to the responsibility of the Presidency and the Commission.
Declaration to the Final Act ad Article J.15
The Conference agrees that Member States shall ensure that the Political Committee referred to in Article J.15 is able to meet at any time, in the event of international crises or other urgent matters, at very short notice at Political Director or deputy level.
Article J.16
The Secretary-General of the Council, High Representative for the common foreign and security policy, shall assist the Council in matters coming within the scope of the common foreign and security policy, in particular through contributing to the formulation, preparation and implementation of policy decisions, and, when appropriate and acting on behalf of the Council at the request of the Presidency, through conducting political dialogue with third parties.
Article J.17 (former J.9)
The Commission shall be fully associated with the work carried out in the common foreign and security policy field.
Article J.18 (former J.11)
1. The provisions referred to in Articles 137, 138, 139 to 142, 146, 147, 150 to 153, 157 to 163, 191a and 217 of the Treaty establishing the European Community shall apply to the provisions relating to the areas referred to in this Title.
2 Administrative expenditure which the provisions relating to the areas referred to in this Title entail for the institutions shall be charged to the budget of the European Communities.
3. Operational expenditure to which the implementation of those provisions gives rise shall also be charged to the budget of the European Communities, except for such expenditure arising from operations having military or defence implications, and cases where the Council acting unanimously decides otherwise.
In cases where expenditure is not charged to the budget of the European Communities it shall be charged to the Member States in accordance with the GNP scale, unless the Council acting unanimously decides otherwise. As for expenditure arising from operations having military or defence implications, Member States which have made a formal declaration under Article J.13(1), second subparagraph, shall not be obliged to contribute to the financing thereof.
4. The budgetary procedure laid down in the Treaty establishing the European Community shall apply to the expenditure charged to the budget of the European Communities. Inter Institutional Agreement between the European Parliament, the Council and the European Commission on provisions regarding financing of the Common Foreign and Security Policy General Provisions A. CFSP operational expenditure shall be charged to the budget of the European Communities, unless the Council decides otherwise, in accordance with Article J.17 of the treaty. B.
CFSP expenditure shall be treated as expenditure not necessarily resulting from the Treaty. However, the following specific modalities of implementation of the expenditure in question are hereby laid down by common agreement between the European Parliament, the Council and the Commission. Financial Arrangements C.
On the basis of the preliminary draft budget established by the Commission, the European Parliament and the Council shall annually secure agreement on the amount of the operational CFSP expenditure to be charged to the Communities' budget and on the allocation of this amount among the articles of the CFSP budget chapter (for articles: see suggestions under G).
In the absence of agreement, it is understood that the European Parliament and the Council shall at least agree to enter in the CFSP budget the amount contained in the previous budget, unless the Commission proposes to lower that amount. D. The total amount of operational CFSP expenditure shall be entirely entered in one (CFSP) budget chapter, under the articles of this chapter (as suggested in G). This amount shall cover the real predictable needs and a reasonable margin for unforeseen actions. No funds will be entered into a reserve. Each article shall cover common strategies or joint actions already adopted, measures which are foreseen but not yet adopted and all future - i.e. unforeseen - actions to be adopted by the Council during the financial year concerned. E. In conformity with the Financial Regulation, the Commission, on the basis of a Council decision, will have the authority to, autonomously, make credit-transfers between articles within one budget chapter, i.e. the CFSP envelope, the flexibility deemed necessary for a speedy implementation of CFSP actions will be assured. F.
In the event of the amount of the CFSP budget during the financial year being insufficient to cover the necessary expenses, the European Parliament and the Council shall agree to find a solution as a matter of urgency, on a proposal by the Commission. G. Within the CFSP budget chapter, the articles into which the CFSP actions are to be entered, could read along the following lines: - observation and organisation of elections/participation in democratic transition processes - EU-envoys - Prevention of conflicts/peace and security processes - Financial assistance to disarmament processes - Contributions to international conferences - Urgent actions The European Parliament, the Council and the Commission agree that the amount for actions entered under the article mentioned in the sixth indent cannot exceed 20 per cent of the global amount of the CFSP budget chapter.
Ad hoc concertation procedure H.
An ad hoc concertation procedure shall be set up, with a view to reaching an agreement between the two arms of the budgetary authority as far as the aforementioned amount of CFSP expenditure and the distribution of this amount over the articles of CFSP budget chapter are concerned. I. This procedure will be applied at the request of the European Parliament or the Council, notably if either of these institutions intends to depart from the preliminary draft budget of the Commission. J.
The ad hoc concertation procedure has to be concluded before the date set by the Council for establishing its draft budget. K. Each arm of the budgetary authority shall take whatever steps are required to ensure that the results which will be secured in the ad hoc concertation procedure, are respected throughout the budgetary procedure. Consultation and information of the European Parliament L.
On a yearly basis the Presidency of the Council shall consult the European Parliament on a document established by the Council on the main aspects and basic choices of the CFSP, including the financial implications for the Communities budget. Furthermore, the Presidency shall on a regular basis inform the European Parliament on the development and implementation of CFSP actions. M. The Council shall, each time it adopts a decision in the field of CFSP entailing expenses, immediately and in each case communicate to the European Parliament an estimate of the costs envisaged ("fiche financière"), in particular those regarding time-frame, staff employed, use of premises and other infrastructure, transport facilities, training requirements and security arrangements. N.
The Commission shall inform the budgetary authority on the execution of CFSP actions and the financial forecasts for the remaining period of the year on a quarterly basis. Declaration to the Final Act on the establishment of a policy planning and early warning unit The Conference agrees that:
1. A policy planning and early warning unit, shall be established in the General Secretariat of the Council under the responsibility of its Secretary-General. Appropriate cooperation shall be established with the Commission in order to ensure full coherence with the Union's external economic and development policies.
2. The tasks of the unit shall include the following:
(a) monitoring and analysing developments in areas relevant to the CFSP;
(b) providing assessments of the Union's foreign and security policy interests and identifying areas where the CFSP could focus in future;
(c) providing timely assessments and early warning of events or situations which may have significant repercussions for the Union's foreign and security policy, including potential political crises;
(d) producing, at the request of either the Council or the Presidency or on its own initiative, argued policy options papers to be presented under the responsibility of the Presidency as a contribution to policy formulation in the Council, and which may contain analyses, recommendations and strategies for the CFSP.
3. The unit shall consist of personnel drawn from the General Secretariat, the Member States, the Commission and the WEU.
4. Any Member State or the Commission may make suggestions to the unit for work to be undertaken.
5. Member States and the Commission shall assist the policy planning process by providing, to the fullest extent possible, relevant information, including confidential information.