TRETY OF AMSTERDAM
SECTION III
AN EFFECTIVE AND COHERENT EXTERNAL POLICY
CHAPTER 13. EXTERNAL ECONOMIC
RELATIONS
New Article 113(5) of the TEC
5. The Council, acting unanimously on a proposal from the Commission and after
consulting the European Parliament, may extend the application of paragraphs 1
to 4 to international negotiations and agreements on services and intellectual
property insofar as they are not covered by these paragraphs. Amend Article
228(2) of the TEC 2. Subject to the powers vested in the Commission in this
field, the signing, which may be accompanied by a decision on provisional
application before entry into force, and the conclusion of the agreements shall
be decided on by the Council, acting by a qualified majority on a proposal from
the Commission.
The Council shall act unanimously when the agreement covers a field for which unanimity is required for the adoption of internal rules and for the agreements referred to in Article 238. By way of derogation from the rules laid down in paragraph 3, the same procedure shall apply for a decision to suspend the application of an international agreement, and for the purpose of establishing the position to be adopted on behalf of the Community in a body set up by an agreement based on Article 238, when that body is called upon to adopt decisions having legal effects, with the exception of decisions supplementing or amending the institutional framework of the agreement.
The European Parliament shall be immediately and fully informed on any
decision under this paragraph concerning the provisional application or the
suspension of agreements, or the establishment of the Community position in a
body set up by an agreement.
SECTION
IV
THE UNION'S INSTITUTIONS
Protocol on the institutions with the prospect of enlargement
of the European Union
THE HIGH CONTRACTING PARTIES
HAVE AGREED upon the following provisions, which shall be annexed to the Treaty
on European Union and to the Treaties establishing the European
Communities:
Article 1
At the date of entry into force of the first enlargement of the Union, notwithstanding Article 157(1) of the TEC, the Commission shall comprise one national of each of the Member States, provided that, by that date, the weighting of the votes in the Council has been modified, whether by reweighting of the votes or by dual majority, in a manner acceptable to all Member States, taking into account all relevant elements, notably compensating those Member States which give up the possibility of nominating a second member of the Commission.
Article 2
At least one year before the membership of the European Union exceeds twenty,
a conference of representatives of the governments of Member States shall be
convened in order to carry out a comprehensive review of the provisions of the
Treaties on the composition and functioning of the institutions. Declaration to
the Final Act Until the entry into force of the first enlargement it is agreed
that the decision of the Council of 29 March 1994 ("the Ioannina
Compromise") will be reconducted and, by that date, a solution for the
special case of Spain will be found.
CHAPTER 14. THE EUROPEAN PARLIAMENT
Legislative procedures
Assent procedure
The assent procedure will apply to the following provisions:
New Treaty provisions
Article Fa Sanctions in the event of a serious and persistent
breach of fundamental rights by a Member State
Existing Treaty provisions
Article O Accession procedure
Article 130d Structural and cohesion funds
Article 138(3) Proposals by the European Parliament for a uniform
electoral procedure.
Article 228(3), second subpara. Conclusion of certain
international agreements
Co-decision procedure
The co-decision procedure will apply to the following provisions.
New Treaty provisions
Article (5) Employment - Incentive measures
Article 119 Social policy - Equal opportunities and treatment
Article 129 Public health (former basis Article 43 -
consultation)
- minimum requirements regarding quality and safety of organs
- veterinary and phytosanitary measures with the direct objective
the protection of public health
Article 191a General principles for transparency
Article 209a Countering fraud affecting the financial interests
of the Community
New Article Customs cooperation
Article 213a Statistics
Article 213b Establishment of independent advisory authority on
data protection
Existing Treaty provisionsfootnote 16 (1)
Article 6 Rules to prohibit discrimination on grounds of
nationality (cooperation)
Article 8a(2)footnote 17 (2) Provisions for facilitating the
exercise of citizens' right to move and reside freely within the territory of the Member
States (assent)
Article 51(2) Internal market (consultation)
- rules on social security for Community immigrant workers
Article 56(2)footnote 18 (1) Coordination of provisions laid down
by law, regulation or administrative action for special treatment for foreign
nationals (right of establishment)
Article 57(2)footnote 19 (2) Coordination of the provisions laid
down by law, regulation or administrative action in Member States concerning
the taking up and pursuit of activities as self-employed persons (consultation) Amendment
of existing principles laid down by law governing the professions
with respect to training and conditions of access for natural
persons (consultation)
Article 75(1) Transport policy (cooperation)
- Common rules applicable to international transport to or from
the territory of a Member State or passing across the territory of
one or more Member States;
- the conditions under which non-resident carriers may operate
transport services within a Member State;
- measures to improve transport safety.
Article 84 Transport policy (cooperation)
- sea and air transport
Social policy Articles resulting from the transposition into the
Treaty of the agreement on social policy (Article 2(2)), except for aspects of
that Agreement which are currently subject to unanimity (Article 2(3)) (see Chapter 4 -
Social provisions)(cooperation)
Article 125 Implementing decisions relating to the European
Social Fund (cooperation)
Article 127(4) Vocational training (cooperation)
- Measures to contribute to the achievement of the objectives of Article 127
Article 129d Other measures (TENs) (cooperation)
3rd subpara.
Article 130e ERDF implementing decisions (cooperation)
Article 130o Adoption of measures referred in Articles 130k and l
-2nd subpara. research (cooperation)
Article 130s(1) Environment (cooperation)
- Action by the Community in order to achieve the objectives of Article 130r
Article 130w Development cooperation (cooperation).
Simplification of the co-decision procedure
Amend Article 189b of the TEC
1. Where reference is made in this Treaty to this Article for the
adoption of an act, the following procedure shall apply.
2. The Commission shall submit a proposal to the European
Parliament and the Council.
The Council, acting by a qualified majority after obtaining the
opinion of the European Parliament,
- if it approves all the amendments contained in the European
Parliament's opinion, may adopt the proposed act thus amended;
- if the European Parliament does not propose any amendments, may
adopt the proposed act;
- shall otherwise adopt a common position and communicate it to
the European Parliament. The Council shall inform the European Parliament
fully of the reasons which led it to adopt its common position. The Commission shall inform the
European Parliament fully of its position.
If, within three months of such communication, the European
Parliament:
(a) approves the common position or has not taken a decision, the
act in question shall be deemed to have been adopted in accordance with that common
position;
(b) rejects, by an absolute majority of its component members,
the common position, the proposed act shall be deemed not to have been adopted;
(c) proposes amendments to the common position by an absolute
majority of its component members, the amended text shall be forwarded to the
Council and to the Commission, which shall deliver an opinion on those amendments.
3. If, within three months of the matter being referred to it,
the Council, acting by a qualified majority, approves all the amendments of the European
Parliament, the act in question shall be deemed to have been adopted in the form of the
common position thus amended; however, the Council shall act unanimously on the
amendments on which the Commission has delivered a negative opinion. If the Council does
not approve all the amendments, the President of the Council, in agreement with the
President of the European Parliament, shall within six weeks convene a meeting of the
Conciliation Committee.
4. The Conciliation Committee, which shall be composed of the
members of the Council or their representatives and an equal number of representatives of
the European Parliament, shall have the task of reaching agreement on a joint text, by a
qualified majority of the members of the Council or their representatives and by a majority
of the representatives of the European Parliament. The Commission shall take part in the
Conciliation Committee's proceedings and shall take all the necessary initiatives with a
view to reconciling the positions of the European Parliament and the Council. In
fulfilling this task, the Conciliation Committee shall address the common position on the basis of the
amendments proposed by the European Parliament.
5. If, within six weeks of its being convened, the Conciliation
Committee approves a joint text, the European Parliament, acting by an absolute majority of
the votes cast, and the Council, acting by a qualified majority, shall each have a period
of six weeks from that approval in which to adopt the act in question in accordance with
the joint text. If either of the two institutions fails to approve the proposed act within
that period, it shall be deemed not to have been adopted.
6. Where the Conciliation Committee does not approve a joint
text, the proposed act shall be deemed not to have been adopted.
7. The periods of three months and six weeks referred to in this
Article shall be extended by a maximum of one month and two weeks respectively at the
initiative of the European Parliament or the Council.
Declaration to the Final Act on respect for time limits under
co-decision procedure
The Conference calls on the European Parliament, the Council and
the Commission to make every effort to ensure that the codecision procedure
operates as expeditiously as possible. It recalls the importance of strict respect for the
deadlines set out in Article 189b and confirms that recourse, provided for in paragraph 7 of that
Article, to extension of the periods in question should be considered only when strictly
necessary. In no case should the actual period between the second reading by the European
Parliament and the outcome of the Conciliation Committee exceed nine months.
Organization and composition of the European Parliament
Amend Article 137 of the TEC
The European Parliament, which shall consist of representatives
of the peoples of the States brought together in the Community, shall exercise the
powers conferred upon it by this Treaty.
The number of Members of the European Parliament shall not exceed
seven hundred.
Add to Article 2 of the Act of 20 September 1976footnote 20 (1) (Article 138(2) of the TEC)
In the event of amendments to this paragraph, the number of
representatives elected in each Member State must ensure appropriate representation of the
peoples of the States brought together in the Community.
Amend the first subparagraph of Article 138(3) of the TEC
The European Parliament shall draw up a proposal for elections by
direct universal suffrage in accordance with a uniform procedure in all Member States or in
accordance with principles common to all Member States.
Add a new paragraph as Article 138(4) of the TECfootnote 21 (2)
The European Parliament shall, after seeking an opinion from the
Commission and with the approval of the Council acting by unanimity, lay down the
regulations and general conditions governing the performance of the duties of its
Members.
CHAPTER 15. THE COUNCIL
Qualified majority voting
New Treaty provisions
Article 4, new Title
on Employment - Employment guidelines
Article 5, new Title
on Employment - Incentive measures
Article 118(2) - Social exclusion
Article 119(3) - Equality of opportunity and treatment of men and
women
Article 129(4) - Public health
Article 191a - Transparency
Article 209a - Countering fraud
Article 213a - Statistics
Article 213b - Establishment of independent advisory authority on
data protection
Article 227(2) - Outermost regions
New Article - Customs cooperation
Existing Treaty provisions
Article 45(3) - Compensatory aid for imports of raw materials
Article 56(2) - Coordination of provisions laid down by law,
regulation or administrative action for special treatment for foreign nationals
(right of establishment)
Article 130i(1) - Adoption of the research framework programme
Article 130i(2) - Adapting or supplementing the research
framework programme
Article 130o - Setting up of joint undertakings in R&T
development
Amend Article 151 of the TEC
1. A committee consisting of the Permanent Representatives of the
Member States shall be responsible for preparing the work of the Council and for
carrying out the tasks assigned to it by the Council. The Committee may adopt procedural
decisions in cases provided for in the Council's Rules of Procedure.
2. The Council shall be assisted by a General Secretariat, under
the responsibility of a Secretary-General seconded by a Deputy Secretary-General who
shall be responsible for the running of the General Secretariat. The Secretary-General and
the Deputy Secretary-General shall be appointed by the Council acting
unanimously.
The Council shall decide on the organization of the General
Secretariat.
3. The Council shall adopt its Rules of Procedure.
For the purpose of applying Article 191a(3), the Council shall
elaborate in these Rules the conditions under which the public shall have access to
Council documents. For the purpose of this paragraph, the Council shall define the cases in
which it is to be regarded as acting in its legislative capacity, with a view to allowing
greater access to documents in those cases, while at the same time preserving the effectiveness
of its decision-making process. In any event, when the Council acts in its legislative
capacity, the results of votes and explanations of vote as well as statements in the minutes
shall be made public.
CHAPTER 16. THE COMMISSION
Appointment of the Members of the Commission
Amend the first and second subparagraphs of Article 158(2) of the TEC
The governments of the Member States shall nominate by common
accord the person they intend to appoint as President of the Commission; the nomination
shall be approved by the European Parliament.
The governments of the Member States shall, by common accord with
the nominee for President, nominate the other persons whom they intend to appoint
as Members of the Commission.
Composition and organization of the Commission
New first subparagraph in Article 163 of the TEC
The Commission shall work under the political guidance of its
President.
Declaration to the Final Act on the organization and functioning
of the Commission
The Conference notes the Commission's intention to prepare a
reorganization of tasks within the college in good time for the Commission which will
take up office in 2000, in order to ensure an optimum division between conventional
portfolios and specific tasks.
In this context, it considers that the President of the
Commission must enjoy broad discretion in the allocation of tasks within the College, as well
as in any reshuffling of those tasks during a Commission's term of office.
The Conference also notes the Commission's intention to undertake
in parallel a corresponding reorganization of its departments. It notes in
particular the desirability of bringing external relations under the responsibility of a
Vice-President.
CHAPTER 17. THE COURT OF JUSTICE
Amend Article L of the TEU
The provisions of the Treaty establishing the European Community,
the Treaty establishing the European Coal and Steel Community and the Treaty establishing
the European Atomic Energy Community concerning the powers of the Court of Justice of
the European Communities and the exercise of those powers shall apply only to
the following provisions of this Treaty:
(a) [unchanged];
(b) provisions of Title VI, under the conditions provided for by
Articles K.7 and K.12;
(c) Article F(2) with regard to action of the institutions,
insofar as the Court has jurisdiction under the Treaties establishing the European
Communities and under this Treaty;
(d) Articles L to S.
CHAPTER 18. OTHER INSTITUTIONAL
ISSUES
(a) Court of Auditors
Amend Article E of the TEU
The European Parliament, the Council, the Commission, the Court
of Justice and the Court of Auditors shall exercise their powers under the conditions and
for the purposes provided for ... (rest unchanged).
Amend the third subparagraph of Article 173 of the TEC
The Court shall have jurisdiction under the same conditions in
actions brought by the European Parliament, by the Court of Auditors and by the ECB for
the purpose of protecting their prerogatives.
Amend the second subparagraph of Article 188c(1) of the TEC
The Court of Auditors shall provide the European Parliament and
the Council with a statement of assurance as to the reliability of the accounts and
the legality and regularity of the underlying transactions which shall be published in the
Official Journal of the European Communities.
Amend the first subparagraph of Article 188c(2) of the TEC
The Court of Auditors shall examine whether all revenue has been
received and all expenditure incurred in a lawful and regular manner and whether
the financial management has been sound. In doing so, it shall report in particular on any
cases of irregularity.
Amend Article 188c(3) of the TEC
The audit shall be based on records and, if necessary, performed
on the spot in the other institutions of the Community, on the premises of any body which
manages revenue or expenditure on behalf of the Community and in the Member States,
including on the premises of any natural or legal person in receipt of payments
from the budget. In the Member States the audit shall be carried out in liaison with
national audit bodies or, if these do not have the necessary powers, with the competent national
departments. The Court of Auditors and the national audit bodies of the Member States shall
cooperate in a spirit of trust while maintaining their independence. These bodies or
departments shall inform the Court of Auditors whether they intend to take part in the audit.
The other institutions of the Community, any bodies managing
revenue or expenditure on behalf of the Community, any natural or legal person in receipt
of payments from the budget, and the national audit bodies or, if these do not have
the necessary powers, the competent national departments, shall forward to the Court of
Auditors, at its request, any document or information necessary to carry out its task.
In respect of the European Investment Bank's activity in managing
Community expenditure and revenue, the Court's rights of access to information held by
the Bank shall be governed by an agreement between the Court, the Bank and the Commission.
In the absence of an agreement, the Court shall nevertheless have access to
information necessary for the audit of Community expenditure and revenue managed by the Bank.
Declaration to the Final Act on Article 188c(3) of the TEC
The Conference invites the Court of Auditors, the European
Investment Bank and the Commission to maintain in force the present Tripartite Agreement.
If a succeeding or amending text is required by any party, they shall endeavour to
reach agreement on such a text having regard to their respective interests.
Amend Article 206(1) of the TEC
The European Parliament, acting on a recommendation from the
Council which shall act by a qualified majority, shall give a discharge to the Commission in
respect of the implementation of the budget. To this end, the Council and the
European Parliament in turn shall examine the accounts and the financial statement referred
to in Article 205a, the annual report by the Court of Auditors together with the replies
of the institutions under audit to the observations of the Court of Auditors, the statement
of assurance referred to in Article 188c(1), second subparagraph and any relevant special
reports by the Court of Auditors.
(b) Economic and Social Committee
The Economic and Social Committee will be consulted in the
following new provisions to be included in the TEC.
Employment
Article 4 Guidelines
Article 5 Incentive measures
Social matters
Article 118(2) and (3) Legislation on social matters
Article 119(3) Application of the principle of equal
opportunities and equal treatment
Public Health
Article 129(4) Measures to contribute to the achievement of the
objectives of this Article
Add a new fourth subparagraph to Article 198 of the TEC
The Economic and Social Committee may be consulted by the
European Parliament.
(c) Committee of the Regions
Protocol No. 16 shall be repealed.
Amend the third subparagraph of Article 198a of the TEC
The members of the Committee and an equal number of alternative
members shall be appointed for four years by the Council acting unanimously on
proposals from the respective Member States. Their term of office shall be
renewable. No member of the Committee shall at the same time be a Member of the European
Parliament.footnote 22 (1)
Amend the second paragraph of Article 198b of the TEC
It shall adopt its Rules of Procedure.
Amend the first subparagraph of Article 198c of the TEC
The Committee of the Regions shall be consulted by the Council or
by the Commission where this Treaty so provides and in all other cases, in
particular those which concern cross-border cooperation, in which one of these two institutions
considers it appropriate.
Add a new fourth subparagraph to Article 198c of the TEC
The Committee of the Regions may be consulted by the European
Parliament.
Scope of consultation
The Committee of the Regions will be consulted under the
following provisions in the
TEC.
Employment
Article 4 Guidelines
Article 5 Incentive measures
Social matters
Article 118(2) and (3) Legislation on social matters
Public health
Article 129(4) Measures to contribute to the achievement of the
objectives of this Article
Environment
Article 130s(1)(2)(3) Environment
Social fund
Article 125 Implementing decisions
Vocational training
Article 127(4) Measures to contribute to the achievement of the
objectives of this Article
Transport
Article 75 Transport
(d) Financial provisions
Amend the first subparagraph of Article 205 of the TEC
The Commission shall implement the budget, in accordance with the
provisions of the regulations made pursuant to Article 209, on its own
responsibility and within the limits of the appropriations, having regard to the principles of sound
financial management. Member States shall cooperate with the Commission to ensure that the
budget appropriations are used in accordance with the principles of sound financial
management.
(e) Conferring of implementing powers on the Commission
Declaration to the Final Act
The Conference calls on the Commission to submit to the Council
by the end of 1998 at the latest a proposal to amend the Council decision of 13 July 1987
laying down the procedures for the exercise of implementing powers conferred on
the Commission.
(f) Seats
Protocol on the location of the seats of the institutions and of
certain bodies and departments of the European Community
THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES,
Having regard to Article 216 of the Treaty establishing the
European Community, Article 77 of the Treaty establishing the European Coal and Steel
Community and Article 189 of the Treaty establishing the European Atomic Energy
Community,
Having regard to the Treaty on European Union,
Recalling and confirming the Decision of 8 April 1965, and
without prejudice to the decisions concerning the seat of future institutions, bodies and
departments,
Have agreed upon the following provisions, which shall be annexed
to the Treaty of Amsterdam,
Sole Article
(a) The European Parliament shall have its seat in Strasbourg
where the 12 periods of plenary sessions, including the budget session, shall be held.
The periods of additional plenary sessions shall be held in Brussels. The committees of the
European Parliament shall meet in Brussels. The General Secretariat of the European
Parliament and its departments shall remain in Luxembourg.
(b) The Council shall have its seat in Brussels. During the
months of April, June and October, the Council shall hold its meetings in Luxembourg.
(c) The Commission shall have its seat in Brussels. The
departments listed in Articles 7, 8 and 9 of the Decision of 8 April 1965 shall be established in
Luxembourg.
(d) The Court of Justice and the Court of First Instance shall
have their seats in Luxembourg.
(e) The Court of Auditors shall have its seat in Luxembourg.
(f) The Economic and Social Committee shall have its seat in
Brussels.
(g) The Committee of the Regions shall have its seat in Brussels.
(h) The European Investment Bank shall have its seat in
Luxembourg.
(i) The European Monetary Institute and the European Central Bank
shall have their seat in Frankfurt.
(j) The European Police Office (Europol) shall have its seat in
The Hague.
CHAPTER 19. ROLE OF NATIONAL
PARLIAMENTS
Draft Protocol on the role of National Parliaments in the
European Union
THE HIGH CONTRACTING PARTIES
RECALLING that scrutiny by individual national parliaments of
their own government in relation to the activities of the Union is a matter for the
particular constitutional organization and practice of each Member State
DESIRING, however, to encourage greater involvement of national
parliaments in the activities of the European Union and to enhance their ability to
express their views on matters which may be of particular interest to them
HAVE AGREED upon the following provisions, which shall be annexed
to the Treaty on European Union:
I. Information for national Parliaments of Member States
1. All Commission consultation documents (green and white papers
and communications) shall be promptly forwarded to national parliaments of the Member
States.
2. Commission proposals for legislation as defined by the Council
in accordance with Article 151 of the Treaty establishing the European Community,
shall be made available in good time so that the Government of each Member State may ensure
that its own national parliament receives them as appropriate.
3. A six-week period shall elapse between a legislative proposal
or a proposal for a measure to be adopted under Title VI of the Treaty on European
Union being made available in all languages to the European Parliament and the
Council by the Commission and the date when it is placed on a Council agenda for decision
either for the adoption of an act or for adoption of a common position pursuant to article 189b
or 189c, subject to exceptions on grounds of urgency, the reasons for which shall be
stated in the act or common position.
II. The Conference of European Affairs Committees
4. The Conference of European Affairs Committees, hereinafter
referred to as COSAC, established in Paris on 16-17 November 1989, may make any
contribution it deems appropriate for the attention of the EU institutions, in
particular on the basis of draft legal texts which Representatives of Governments of the Member States
may decide by common accord to forward to it, in view of the nature of its subject
matter.
5. COSAC may examine any legislative proposal or initiative in
relation to the establishment of an area of freedom, security and justice which
might have a direct bearing on the rights and freedoms of individuals. The European
Parliament, the Council and the Commission shall be informed of any contribution made by COSAC
under this paragraph.
6. COSAC may address to the European Parliament, the Council and
the Commission any contribution which it deems appropriate on the legislative
activities of the Union, notably in relation to the application of the principle of subsidiarity, the
area of freedom, security and justice as well as questions regarding fundamental rights.
7. Contributions made by COSAC shall in no way bind national
parliaments or prejudge their position.
Draft Treaty of Amsterdam Section V : Closer
cooperation-"Flexibility"
SECTION
V
CLOSER COOPERATION - "FLEXIBILITY"
A. GENERAL CLAUSES TO BE INSERTED AS A NEW TITLE
IN THE COMMON PROVISIONS OF THE TEU
Article (1)
1. Member States which intend to establish closer cooperation
between them may make use of the institutions, procedures and mechanisms laid down by
the Treaties provided that the cooperation:
(a) is aimed at furthering the objectives of the Union and at
protecting and serving its interests;
(b) respects the principles of the Treaties and the single
institutional framework of the Union;
(c) is only used as a last resort, where the objectives of the
Treaties could not be attained by applying the relevant procedures laid down therein;
(d) concerns at least a majority of Member States;
(e) does not affect the "acquis communautaire" and the
measures adopted under the other provisions of the Treaties;
(f) does not affect the competences, rights, obligations and
interests of those Member States which do not participate therein;
(g) is open to all Member States and allows them to become
parties to the cooperation at any time, provided that they comply with the basic decision
and with the decisions taken within that framework;
(h) complies with the specific additional criteria laid down in
Article 5a of the TEC and Article K.12 of this Treaty, depending on the area concerned and
is authorized by the Council in accordance with the procedures laid down therein.
2. Member States shall apply, as far as they are concerned, the
acts and decisions adopted for the implementation of the cooperation in which they
participate. Member States not participating in such cooperation shall not impede the
implementation thereof by the participating Member States.
Article (2)
1. For the purposes of the adoption of the acts and decisions
necessary for the implementation of the cooperation referred to in Article (1), the
relevant institutional provisions of the Treaties shall apply. However, while all
members of the Council shall be able to take part in the deliberations, only those representing
participating Member States shall take part in the adoption of decisions; the qualified
majority shall be defined as the same proportion of votes of the Council members concerned
weighted in accordance with Article 148(2) of the Treaty establishing the European Community;
unanimity shall be constituted by only those Council members concerned.
2. Expenditure resulting from implementation of the cooperation,
other than administrative costs entailed for the institutions, shall be
borne by the participating Member States, unless the Council, acting unanimously, decides
otherwise.
Article (3)
The Council and the Commission shall regularly inform the
European Parliament of the development of closer cooperation established on the basis of
this Title.
B. CLAUSES SPECIFIC TO THE TEC
Article 5a TEC
1. Member States which intend to establish closer cooperation
between themselves may be authorized, subject to Articles (1) and (2)footnote 23 (1) of
the TEU, to make use of the institutions, procedures and mechanisms laid down by this Treaty,
provided that the cooperation proposed:
(a) does not concern areas which fall within the exclusive
competence of the Community;
(b) does not affect Community policies, actions or programmes;
(c) does not concern the citizenship of the Union or discriminate
between nationals of Member States;
(d) remains within the limits of the powers conferred upon the
Community by this Treaty;
(e) and does not constitute a discrimination or a restriction of
trade between Member States and does not distort the conditions of competition between
the latter.
2. The authorization referred to in paragraph 1 shall be granted
by the Council, acting by a qualified majority on a proposal from the Commission and after
consulting the European Parliament.
If a member of the Council declares that, for important and
stated reasons of national policy, it intends to oppose the granting of an authorization 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.
Member States which intend to establish closer cooperation as
referred to in paragraph 1 may address a request to the Commission, which may submit a
proposal to the Council to that effect. In the event of the Commission not submitting a
proposal, it shall inform the Member States concerned of the reasons for not doing so.
3. Any Member State which wishes to become a party to cooperation
set up in accordance with this Article shall notify its intention to the Council and
to the Commission, which shall give an opinion to the Council within three months of receipt of
that notification. Within four months of the date of that notification, the Commission shall
decide on it and on possible specific arrangements as it may deem necessary.
4. The acts and decisions necessary for the implementation of
cooperation activities shall be subject to all the relevant provisions of this Treaty, save as
otherwise provided for in this Article and in Articles (1) and (2)footnote 24 (1) of the
Treaty on European Union.
5. This Article is without prejudice to the provisions of the
Protocol integrating the Schengen acquis in the framework of the European Union.
C. SPECIFIC CLAUSES IN TITLE VI TEU (JHA)
See Article K.12 in Chapter 2 (pages 40 and 41).
Draft Treaty of Amsterdam Section VI Simplification and
consolidation of the
Treaties
SECTION
VI
SIMPLIFICATION AND CONSOLIDATION OF THE TREATIES
Simplification
Proposed amendments for simplifying the Treaties (cf.
CONF/4156/1/97 REV.1) shall form the second Part of the Treaty of Amsterdam.
Consolidation
Declaration to the Final Act
The High Contracting Parties agreed that the technical work begun
during the course of this Intergovernmental Conference shall continue as speedily as
possible with the aim to draft a consolidation of all the relevant Treaties, including the
Treaty on European Union.
They agreed that the final results of this technical work, which
shall be made public for illustrative purposes under the responsibility of the
Secretary-General of the Council, shall have no legal value.
Back to table of contents