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Europaudvalget 2000-01
EUU Alm.del Bilag 464
Offentligt

Modtaget via elektronisk post. Der tages forbehold for evt. fejl

Europaudvalget

(Alm. del - bilag 464)

traktatændringer

(Offentligt)

Medlemmerne af Folketingets Europaudvalg

og deres stedfortrædere

Bilag

Journalnummer

400.C.2-0

Kontor

EU-sekr. 7. december 2000

Til underretning for Folketingets Europaudvalg vedlægges i forbindelse med regeringskonferencen

formandskabets udkast til Nice-traktat, CONFER 4816/00.

Fransk version er oversendt til Folketingets Europaudvalg den 6. december 2000.

CONFERENCE

OF THE REPRESENTATIVES

OF THE GOVERNMENTS

OF THE MEMBER STATES

Brussels, 6 December 2000

(OR. fr)

CONFER 4816/00

DRAFT

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TREATY OF NICE

Intergovernmental Conference

on institutional reform

INTRODUCTION

In this document, the Presidency is presenting a draft Treaty of Nice revising the Treaties on which the European Union is

founded. This draft is the outcome of the year{{SPA}}long proceedings of the Intergovernmental Conference on

institutional reform, initiated by the Portuguese Presidency.

The origins of this Intergovernmental Conference lie in the Protocol on the institutions, annexed to the Treaty of

Amsterdam. As the Treaty of Amsterdam was unable to resolve all the institutional issues regarded as prerequisites for

enlargement, provision was made for convening a new IGC in order to carry out a comprehensive review, before the

European Union had more than twenty members, of the provisions of the Treaties relating to the composition and

functioning of the insti tutions. . It was the European Council which decided in Cologne, in June 1999, to convene the IGC

with the aim of completing its work by the end of 2000 to enable the Union to incorporate new

Member States

from the

end of 2002. Its brief was confirmed by the European Council in Helsinki. The European Council in Feira considered that

the provisions on closer cooperation introduced into the Treaty of Amsterdam should fo rm part of the Conference's work,

while respecting the need for coherence and solidarity in an enlarged Union .

The Conference began on 14 February 2000. Political responsibility for the negotiations was entrusted to the Ministers in the

General Affairs Council. The preparatory work was carried out by a group of government representatives, with the

participation of a Commission representative and two European Parliament observers. The proceedings were based on

documents prepared by the Presidency with a view to shaping the debate and on contributions from Member States, instituti

ons and bodies.

The Presidency would like to place emphasis on the importance of the contributions from the Commission and the

European Parliament, with the latter having asserted its point of view through its resolutions and statements, through the

constructive dialogue with its President and through the full participation of its observers in the discussions. For the sake of

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transparency, all official documents of the Presidency, the Member States and the other institutions and bodies as well as the

other official contributions to the proceedings of the Conference have been made available to the public via the Internet.

In accordance with the conclusions of the Helsinki European Council, the Presidency has organised

meetings with representatives of the applicant countries in order to inform them of progress and to

provide them with the opportunity to state their points of view on all the questions discussed by the

Conference. Information on the progress of the Conference has also been provided to the

Member States of the European Economic Area.

In presenting this draft, Treaty articles have been arranged in numerical order for ease of consultation. The table of contents shows the relevant

articles for each of the main topics dealt with by the Conference.

The document comprises (1) a series of articles amending the current Treaties, (2) specific protocols annexed to Articles 93 and 133 and certain

amendments to the protocols on the Court of Justice and (3) a protocol containing all the provisions in relation to future enlargements, together with

a series of declarations on the subject. The Presidency considers that it is premature to bring forward compromise proposals on three issues which are

politically highly sensitive: the w eighting of votes in the Council, the size and composition of the Commission and the allocation of seats in the

European Parliament. It considers that an overall compromise to resolve these issues and some articles for which there are two options for the move

to a qualified majority can only be achieved after detailed preliminary discussion between Heads of State or Government.

The Presidency considers that the draft Treaty constitutes a fair and balanced basis for ensuring that the Union continues to have properly

functioning, efficient and legitimate institutions after enlargement.

In this document existing Treaty texts are in normal font and proposed new provisions and substantially reworded texts

are shown in

bold.

For all the issues examined by the Conference, corresponding amendments will need to be made to the ECSC and

Euratom Treaties.

TABLE OF CONTENTS

1. EXTENSION OF QUALIFIED MAJORITY VOTING

Provisions for which it is intended to move to qualified majority voting

as from the entry into force of the Treaty of Nice

Article 23(2) TEU 10

Article 24 TEU 11

Clause G(2) TEC 18

Clause M TEU 21

Clause O(2) TEU 22

Article 13(2) TEC 25

Article 18 TEC 26

Article 42(1) TEC 28

Article 47(2) TEC 30

Article 67 TEC 31, 32

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{{SPA}} Article 62(2)(a) TEC

{{SPA}} Article 62(3) TEC

{{SPA}} Article 63(1)(a) TEC

{{SPA}} Article 63(1)(b) TEC

{{SPA}} Article 63(1)(c) TEC

{{SPA}} Article 63(1)(d) TEC

{{SPA}} Article 63(2)(a) TEC

{{SPA}} Article 63(3)(b) TEC

{{SPA}} Article 65(a) TEC

{{SPA}} Article 65(b) TEC

{{SPA}} Article 65(c) TEC

{{SPA}} Article 66 TEC

Article 93(2) TEC 34, 37

Article 93(4) TEC 35

Article 100(1) TEC 38

Article 100(2) TEC 38

Article 111(4) TEC 39

Article 123(4) TEC 41

Article 133 TEC 42, 44

Protocol on participation by the EC and the

Member States

in WTO proceedings 46

Article 137(1)(f) TEC 51

Article 137(2)(a) TEC 52

Article 151(5) TEC 55

Article 157(3) TEC 56

Article 159, third paragraph, TEC 57

Article 161, first paragraph, TEC 58

Article 161, second paragraph, TEC 58

Article 175(1) TEC 59

Article 181a TEC 61

Article 187 TEC 62

Article 190(5) TEC 63

Article 191, second paragraph, TEC 64

Article 207(2) TEC 65

Article 223, sixth paragraph, TEC 70

Article 224, fifth paragraph, TEC 71

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Article 247(3) TEC 78

Article 248(4), fifth subparagraph, TEC 79

Article 259(1) TEC 81

Article 263 TEC 82

Article 279(1)(a) TEC 84

Article 279(1)(b) TEC 84

Provision in which the scope of the unanimity rule is reduced

Article 175(2) TEC 59

Provisions subject to the unanimity rule which are to be deleted

Article 94 TEC 35

old Article 144 TEC 54

2. FUNDAMENTAL RIGHTS

Article 7 TEU 8

Article 309 TEC 8

3. ENHANCED COOPERATION

Clause A 15

Clause B 16

Clause C 16

Clause D 16

Clause E 17

Clause F 17

Clause G 18

Clause H 18

Clause I 19

Clause J 19

Clause K 20

Clause L 21

Clause M 21

Clause N 22

Clause O 22

Clause P 23

4. THE EUROPEAN PARLIAMENT

Article 7 TEU 8

Article 67 TEC 31, 32

{{SPA}} Article 62(2)(a) TEC

{{SPA}} Article 62(3) TEC

{{SPA}} Article 63(1)(a) TEC

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{{SPA}} Article 63(1)(b) TEC

{{SPA}} Article 63(1)(c) TEC

{{SPA}} Article 63(1)(d) TEC

{{SPA}} Article 63(2)(a) TEC

{{SPA}} Article 63(3)(b) TEC

{{SPA}} Article 65(a) TEC

{{SPA}} Article 65(b) TEC

{{SPA}} Article 65(c) TEC

Article 93(2) TEC 34, 37

Article 93(4) TEC 35

Article 137(1)(f) 51

Article 137(2)(a) TEC 52

Article 157(3) TEC 56

Article 159, third paragraph, TEC 57

Article 161 TEC 58

Article 175(1) TEC 59

Article 190(5) TEC 63

Article 191 TEC 64

Article 230 TEC 76

Article 300(6) TEC 87

Protocol on enlargement {{SPA}} Article 2 and declaration thereon (Annex I) 89

5. THE COUNCIL

Protocol on enlargement {{SPA}} Article 3 and declaration thereon (Annex I) 91

6. THE COMMISSION

Article 215 TEC 67

Article 217 TEC 68

Article 219 TEC 68

Protocol on enlargement {{SPA}} Article 4 (Annex I) 92

7. THE COURT OF JUSTICE AND THE COURT OF FIRST INSTANCE

Article 210 TEC 66

Article 220 TEC 69

Article 221 TEC 69

Article 222 TEC 69

Article 223 TEC 70

Article 224 TEC 71

Article 225 TEC 72

Article 225a TEC 74

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Article 229a TEC 75

Article 230 TEC 76

Article 245 TEC 77

Article 290 TEC 85

Article 300(6) TEC 87

Protocol on the Statute of the Court of Justice (Annex II) 98

Amendment to the Protocol on privileges and immunities (Annex III) 117

8. OTHER INSTITUTIONS AND BODIES

The Court of Auditors

Article 247 TEC 78

Article 248 TEC 79

The Economic and Social Committee

Article 42 TEC 28

Article 257 TEC 81

Article 258 TEC 81

Article 259 TEC 81

The Committee of the Regions

Article 42 TEC 28

Article 263 TEC 82

Declaration on enlargement (Annex I) 93

9. OTHER QUESTIONS

Security and defence

Possible declaration to be included in the Final Act 9

Eurojust

Article 29 TEU 12

Article 31 TEU 13

Interinstitutional agreements

Declaration on Article 10 TEC 24

Replies to written requests made to the Institutions and bodies

Declaration on Article 21 TEC 27

Representation of the Community at international level in the EMU sphere

Article 111(4) TEC 39

Operation of the Governing Council of the ECB

Article 10 of the Protocol on the Statute of the ESCB and of the ECB 40

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Social Protection Committee

New Article 144 TEC 54

Name of the Official Journal

Article 254 TEC 80

Amendment of the Statute of the EIB

Article 266, third paragraph, TEC 83

Position of the EC in a body set up by an agreement with third countries

Article 300(2) TEC 86

Expiry of the ECSC Treaty

Protocol on the financial consequences (Annex IV) 119

FUNDAMENTAL RIGHTS

ARTICLE 7 TEU

1. On a reasoned proposal by one third of the Member States, by the European Parliament or by the Commission,

the Council, acting by a qualified majority vote in favour cast by four-fifths of its members after obtaining the

assent of the European Parliament, may determine that there is a clear risk of a serious breach by a Member State

of the principles mentioned in Article 6(1), and address appropriate recommendations to that State. Before maki ng

such a determination, the Council shall hear the Member State concerned and, acting in accordance with the same

procedure, may call on independent persons to submit within a reasonable time limit a report on the situation in

the Member State in question.

The Council shall regularly verify that the situation on which its determination was based has not changed.

2.-3. Paragraphs 1 and 2 of the current Article 7 remain unchanged and become paragraphs 2 and 3

respectively.

4. In the current paragraph 3, replace "paragraph

by "paragraph

3".

5. The second sentence of the first subparagraph would read:

"Abstentions by members present in person or represented shall not prevent the adoption of decisions

referred to in paragraph

2".

In the second subparagraph replace "paragraph

by "paragraph

3".

6. For the purposes of paragraphs

1 and

2, the European Parliament shall act by a two-thirds majority of the votes cast,

representing a majority of its members.

ARTICLE 309 TEC

In paragraph 1 the reference should read

"Article 7(3) of the Treaty on European Union"

In paragraph 2 the reference should read

"Article 7(2) of that Treaty".

Possible declaration to be included in the Final Act of the Conference

on security and defence

for the record: To be discussed in Nice.

APPOINTMENT OF CFSP SPECIAL REPRESENTATIVES

ARTICLE 23 TEU

1. Paragraph 1 unchanged.

2. By derogation from the provisions of paragraph 1, the Council shall act by a qualified majority:

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{{SPA}} when adopting joint actions, common positions or taking any other decision on the basis of a common strategy;

{{SPA}} when adopting any decision implementing a joint action or a common position;

when appointing a special representative in accordance with Article 18(5) .

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, acting by a qualified majority,

may 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 205(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. Paragraph 3 unchanged.

CONCLUSION OF INTERNATIONAL AGREEMENTS IN

CFSP/JHA FIELDS FOR WHICH A QUALIFIED MAJORITY IS REQUIRED

FOR THE ADOPTION OF INTERNAL DECISIONS OR MEASURES

ARTICLE 24 TEU

1. When it is necessary to conclude an agreement with one or more States or international organisations in implementation of

this Title, the Council

[phrase deleted]

may authorise the Presidency, assisted by the Commission as appropriate, to open

negotiations to that effect. Such agreements shall be concluded by the Council

[phrase deleted]

on a recommendation from the

Presidency.

The Council shall act unanimously when the agreement covers an issue for which unanimity is required for the

adoption of internal decisions.

When the agreement is envisaged to implement a joint action or common position, the Council shall act by a

qualified majority in accordance with Article 23(2).

4. The provisions of this Article shall also apply to matters falling under Title VI.

When the agreement covers an issue for

which a qualified majority applies for the adoption of internal decisions or measures, the Council shall act by a

qualified majority in accordance with Article 34(3).

5. 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

nevertheless

apply provisionally.

6. Agreements concluded under the conditions set out in this Article shall be binding on the institutions of the

Union.

COMBATING CRIME {{SPA}} ROLE OF EUROJUST

ARTICLE 29 TEU

Without prejudice to the powers of the European Community, the Union's objective shall be to provide citizens with a

high level of safety within an area of freedom, security and justice by developing common action among the Member

States in the fields of police and judicial cooperation in criminal matters and by preventing and combating racism and

xenophobia.

That objective shall be achieved by preventing and combating crime, organised or otherwise, in particular terrorism,

trafficking in persons and offences against children, illicit drug trafficking and illicit arms trafficking, corruption and

fraud through:

{{SPA}} closer cooperation between police forces, customs authorities and other competent authorities in

the Member States, both directly and through the European Police Office (Europol), in accordance with the

provisions of Articles 30 and 32;

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{{SPA}} closer cooperation between judicial and other competent authorities of the Member States,

including cooperation through the European Judicial Cooperation Unit (Eurojust),

in accordance with

the provisions of

Articles 31 and 32;

{{SPA}} approximation, where necessary, of rules on criminal matters in the Member States, in accordance

with the provisions of Article 31(e).

COMBATING CRIME {{SPA}} ROLE OF EUROJUST

ARTICLE 31 TEU

Common action on judicial cooperation in criminal matters shall include:

(a) facilitating and accelerating cooperation between competent ministries and judicial or equivalent

authorities of the Member States,

including, where appropriate, cooperation through Eurojust,

relation to proceedings and the enforcement of decisions;

(b) facilitating extradition between Member States;

such cooperation;

(d) preventing conflicts of jurisdiction between Member States;

(e) progressively adopting measures establishing minimum rules relating to the constituent elements

of criminal acts and to penalties in the fields of organised crime, terrorism and illicit drug trafficking.

2. The Council shall promote cooperation through Eurojust by:

(a) enabling Eurojust to facilitate proper coordination between Member States' national

prosecuting authorities;

(b) promoting support by Eurojust for criminal investigations in cases of serious cross-border

crime, particularly organised crime, taking account, in particular, of analyses carried out by

Europol;

particular, in order to facilitate the execution of letters rogatory and extradition requests.

Declaration to be included in the Final Act of the Conference

on Article 31(2) TEU

The Conference recalls that:

the decision to set up a unit composed of national prosecutors and magistrates (or police officers of

equivalent competence) detached from each Member State (Eurojust), having the task of facilitating

proper coordination between national prosecuting authorities and of supporting criminal

investigations in organised crime cases was provided for in the Presidency conclusions of the

European Council at Tampere on 15 and 16 October 1999;

{{SPA}} the European Judicial Network was set up by Joint Action 98/428/JHA adopted by

the Council on 29 June 1998 (OJ L 191, 7.7.1998, p. 4).

ENHANCED COOPERATION

GENERAL PRINCIPLES

CLAUSE A

General conditions

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Member States which intend to establish enhanced cooperation between themselves may make use of the

institutions, procedures and mechanisms laid down by this Treaty and by the Treaty establishing the European

Community provided that the proposed cooperation:

(a) is aimed at furthering the objectives of the Union and the Community, at protecting and serving its

interests and at reinforcing its process of integration;

(b) respects the Treaties and the single institutional framework of the Union;

c. respects the acquis communautaire and the measures adopted under the other provisions of the Treaties;

(d) remains within the limits of the powers of the Union or of the European Community and does not cover

areas falling within the exclusive competence of the Community;

(e) does not undermine the internal market as defined in Article 14(2) of the Treaty establishing the European

Community, or the economic and social cohesion established in accordance with Title XVII of that Treaty;

(f) does not constitute a barrier to or discrimination of trade between the Member States and does not distort

competition between them;

(g) involves a minimum of eight Member States;

(h) does not affect the competences, rights and obligations of those Member States which do not participate

therein;

(i) is without prejudice to the provisions of the Protocol integrating the Schengen acquis into the framework of

the European Union;

(j) is open to all the Member States, in accordance with Clause C.

CLAUSE B

Last resort clause

Enhanced cooperation may be engaged in only as a last resort, when it has been established within the Council

that the objectives of such cooperation cannot be attained within a reasonable period by applying the relevant

provisions of the Treaties.

CLAUSE C

Participation of Member States

When enhanced cooperation is established, it shall be open to all Member States. It shall also be open to them at

any time, in accordance with Clauses H, M and P, subject to compliance with the basic decision and with the

decisions taken within that framework. The Commission and the Member States parties to enhanced cooperation

shall ensure that as many Member States as possible are encouraged to take part.

CLAUSE D

Institutional procedures

1. For the purposes of the adoption of the acts and decisions necessary for the implementation of enhanced

cooperation referred to in Clause A, the relevant institutional provisions of this Treaty and of the Treaty

establishing the European Community 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 qualifi ed majority shall be defined as the same proportion of the weighted votes and the same

proportion of the number of the members of the Council concerned as laid down in Article 205(2) of the Treaty

establishing the European Community, and in the second and third subparagraphs of Article 23(2) of this Treaty

as regards enhanced cooperation established on the basis of Clause K. Unanimity shall be constituted by only

those Council members concerned.

Such acts and decisions shall not form part of the Union acquis.

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2. Member States shall apply, as far as they are concerned, the acts and decisions adopted for the implementation

of the enhanced cooperation to which they are party. Such acts and decisions shall be binding only on those

Member States which are party to such cooperation and shall be directly applicable only in those States.

Member States which are not party to such cooperation shall not impede the implementation thereof by the

participating Member St ates.

CLAUSE E

Financing

Expenditure resulting from implementation of enhanced cooperation, other than administrative costs entailed for

the institutions, shall be borne by the participating Member States, unless all members of the Council, acting

unanimously after consulting the European Parliament, decide otherwise.

CLAUSE F

Consistency of the Union's policies

The Council and the Commission shall ensure the consistency of activities undertaken on the basis of this Title

and the consistency of such activities with the policies of the Union and the Community, and shall cooperate to

that end.

ENHANCED COOPERATION UNDER THE TREATY ESTABLISHING

THE EUROPEAN COMMUNITY

CLAUSE G

Procedure for establishing enhanced cooperation

1. Member States which intend to establish enhanced cooperation between themselves in one of the areas referred

to in the Treaty establishing the European Community shall 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.

2. Authorisation to establish the enhanced cooperation referred to in paragraph 1 shall be granted, in compliance

with Clauses A to F, by the Council, acting by a qualified majority on a proposal from the Commission after

consulting the European Parliament. When enhanced cooperation relates to an area covered by the procedure

referred to in Article 251, the assent of the European Parliament shall be required.

A member of the Council may request that the matter be referred to the European Council before the Council takes

a decision.

3. The acts and decisions necessary for the implementation of enhanced cooperation activities shall be subject to

all the relevant provisions of the Treaty establishing the European Community, save as otherwise provided in this

Clause and in Clauses A to F.

CLAUSE H

Procedure allowing other

Member States

to participate

Any Member State which wishes to become a party to enhanced cooperation established in accordance with

Clause G 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 receipt of that notification, the

Commission shall take a decision on it, and on such specific arrangements as it may deem necessary.

ENHANCED COOPERATION UNDER TITLE V OF THE TEU

CLAUSE I

General objectives

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1. Enhanced cooperation in any of the areas referred to in Title V shall be aimed at safeguarding the values and

serving the interests of the Union as a whole by asserting its identity as a coherent force on the international scene.

It shall respect:

the principles, objectives, general guidelines and consistency of the common foreign and security policy and the

decisions taken within the framework of that policy;

the powers of the European Community;

consistency between all the Union's policies and its external activities.

2. The provisions of Articles 11 to 28 shall apply to the enhanced cooperation provided for in this Clause, save as

otherwise provided in Clause K and Clauses A to F.

CLAUSE J

Object

Enhanced cooperation pursuant to Title V may relate solely to:

{{SPA}} implementation of joint action or a common position;

initiatives on armaments

{{SPA}} initiatives in the field of security and defence contributing to the acquisition of crisis management

capabilities.

CLAUSE K

Procedure for establishing enhanced cooperation

1. Member States which intend to establish enhanced cooperation between themselves under Clause J shall address

a request to the Council to that effect.

The request shall be forwarded to the Commission and to the European Parliament for information. The

Commission shall give its opinion particularly on whether the enhanced cooperation proposed under paragraph 2

is consistent with Community policies.

2. Where the object of the request to establish enhanced cooperation is the implementation of a joint action or a

common position, authorisation shall be granted by the Council, acting in accordance with the second and third

subparagraphs of Article 23(2) and in compliance with Clauses A to F.

3. By way of derogation from paragraph 2, where the request to establish enhanced cooperation relates to issues

covered by the second and third indents of Clause J, or where it comes under the first indent and has military

implications or implications in the field of defence, authorisation shall be granted by the Council, acting

unanimously, in compliance with Clauses A to F.

CLAUSE L

Role of the Secretary-General/High Representative

Without prejudice to the powers of the Presidency or of the Commission, the Secretary-General of the Council,

High Representative for the common foreign and security policy, shall in particular ensure that all members of

the Council and the European Parliament are kept fully informed of the implementation of enhanced cooperation

in the CFSP area.

CLAUSE M

Procedure allowing other Member States to participate

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Any Member State which wishes to become a party to enhanced cooperation established in accordance with

Clause K shall notify its intention to the Council and inform the Commission. For the enhanced cooperation

referred to in Clause K(2), the Commission shall give an opinion to the Council within three months of receipt of

that notification Within four months of receipt of that notification, the Council shall take a decision on the

request and on s uch specific arrangements as it may deem necessary. The decision shall be deemed to be taken

unless the Council, acting by a qualified majority, decides to hold it in abeyance; in that case, the Council shall

state the reasons for its decision and set a deadline for re-examining it. For the purposes of this Clause,

the Council shall act by a qualified majority. The qualified majority shall be defined as the same proportion of the

weighted votes and the same proportion of the numb er of the members of the Council concerned as laid down in

the third subparagraph of Article 23(2) of this Treaty.

ENHANCED COOPERATION UNDER TITLE VI OF THE TEU

CLAUSE N

Objectives

1. Enhanced cooperation in any of the areas referred to in Title VI shall have the aim of enabling the Union to

develop more rapidly into an area of freedom, security and justice, while respecting the powers of the

European Community and the objectives laid down in Title VI.

2. The provisions of Articles 29 to 41 shall apply to the enhanced cooperation provided for by this Clause, save as

otherwise provided in Clause O and in Clauses A to F.

3. The provisions of the Treaty establishing the European Community concerning the powers of the Court of

Justice of the European Communities and the exercise of those powers shall apply to Clauses N to P.

CLAUSE O

Procedure for establishing enhanced cooperation

1. Member States which intend to establish enhanced cooperation between themselves under Clause N shall

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. Those

Member States

may then submit an initiative to the Council d esigned to obtain authorisation for the

cooperation concerned.

2. The authorisation referred to in paragraph 1 shall be granted by the Council, acting by a qualified majority

after consulting the European Parliament on a proposal from the Commission or at the initiative of at least eight

Member States,

in compliance with Clauses A to F. The votes of the members of the Council shall be weighted in

accordance with Article 205(2) of the Treaty es tablishing the European Community.

A member of the Council may request that the matter be referred to the European Council before the Council takes

a decision.

CLAUSE P

Procedure allowing other Member States to participate

Any Member State which wishes to become a party to enhanced cooperation established in accordance with Clause O 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, possibly accompanied by a recommendation for such specific arrangements as it may

deem necessary for that Member State to become a party to the cooperation in question. The Council shall take a decision on the request within four months of the date of that

notification. The decision shall be deemed approved unless the Council, acting by a qualified majority within the same period, decides to hold it in abeyance; in this case, the Council

shall state the reasons for its decision and set a deadline for reexamining it. For the purposes of this Clause, the Council shall act under the conditions set out in Clause D(1).

INTERINSTITUTIONAL AGREEMENTS

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Declaration to be included in the Final Act of the Conference on Article 10 TEC

The Conference recalls that the duty of sincere cooperation which is reflected in Article 10 of the Treaty

establishing the European Community and governs relations between the

Member States

also governs relations

between the Community institutions themselves. In relations between those institutions, when it proves necessary, in the

context of that duty of cooperation, to facilitate the application of the provisions of the Tr eaty establishing the European

Community, the European Parliament, the Council of the European Union and the Commission may conclude

interinstitutional agreements. Such agreements may not amend or supplement the provisions of the treaties and may be

concluded only with the agreement of the three institutions.

ANTI-DISCRIMINATION MEASURES

ARTICLE 13 TEC

1. Without prejudice to the other provisions of this Treaty and within the limits of the powers conferred by it upon the

Community, the Council, acting unanimously on a proposal from the Commission and after consulting the European

Parliament, may take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief,

disability, age or sexual orientation.

2. By way of derogation from paragraph 1, when the Council adopts Community incentive measures, excluding

any harmonisation of the laws and regulations of the Member States, to support action taken by the Member

States in order to contribute to the achievement of the objectives referred to in this Article, it shall act in

accordance with the procedure referred to in Article 251.

PROVISIONS FACILITATING THE EXERCISE OF THE RIGHT OF CITIZENS

OF THE UNION TO MOVE AND RESIDE WITHIN THE TERRITORY

OF THE MEMBER STATES

ARTICLE 18 TEC

1. Every citizen of the Union shall have the right to move and reside freely within the territory of the Member States,

subject to the limitations and conditions laid down in this Treaty and by the measures adopted to give it effect.

If action by the Community should prove necessary to attain this objective and this Treaty has not provided the

necessary powers,

the Council may adopt provisions with a view to facilitating the exercise of the rights referred to in

paragraph 1;

[phrase deleted]

the Council shall act in accordance with the procedure referred to in Article 251.

[sentence

deleted].

Declaration to be included in the Final Act of the Conference on Article 18 TEC

Article 18(2) does not apply to provisions on social security or social protection.

REPLYING WITHIN A REASONABLE PERIOD TO WRITTEN REQUESTS

MADE TO THE INSTITUTIONS AND BODIES OF THE UNION

Declaration to be included in the Final Act of the Conference

on the third paragraph of Article 21 TEC

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The Conference calls upon the institutions and bodies referred to in the third paragraph of Article 21 or in Article 7

to ensure that the reply to any written request made by a citizen of the Union is made within a reasonable period.

MEASURES REQUIRED IN THE FIELD OF SOCIAL SECURITY

TO PROVIDE FREEDOM OF MOVEMENT

Chapter 1a {{SPA}} Coordination of social security schemes

ARTICLE 42 TEC

The Council, acting in accordance with the procedure referred to in Article 251

after consulting the Economic and

Social Committee and the Committee of the Regions,

shall adopt such

coordination

measures in the social security

field

as are necessary to provide freedom of movement of

persons;

to this end, it shall make arrangements to secure for

them

and for their dependants:

(a) aggregation, for the purpose of acquiring and retaining the right to benefit and of calculating the amount

of benefit, of all periods taken into account under the laws of the several countries;

(b) payment of benefits to persons resident in the territories of the Member States.

2. By way of derogation from paragraph 1, the Council shall act unanimously throughout the procedure referred

to in Article 251, after consulting the Economic and Social Committee and the Committee of the Regions, when it

extends the material or personal field of application of Community regulations on the application of social

security schemes to persons moving within the Community, as such regulations stand on the date of signature of

the Treaty of Nice, to cover other social secur ity benefits and other citizens of the Union and their dependants.

3. The measures referred to in paragraphs 1 and 2 may not significantly affect the overall financial equilibrium of

Member States' social security schemes.

Declaration to be included in the Final Act of the Conference on Article 42 TEC

The Conference declares that the Community regulations on the application of social security schemes to persons

moving within the Community referred to in Article 42(2) comprise Regulation (EEC) No 1408/71 on the

application of social security schemes to employed persons, self-employed persons and their families moving

within the Community, Regulation (EEC) No 574/72 fixing the procedure for implementing Regulation (EEC)

No 1408/71, as amended since their adoption, and Directive 98/49/EC on safeguarding the supplementary

pension rights of employed and self-employed persons moving within the Community. The personal and material

field of application of Regulation (EEC) No 1408/71 is that referred to in Articles 2 and 4, and in Article 22 as

regards the benefits provided for in Article 21(a) and (b).

The Conference considers that the measures provided for in Article 42 cannot cover the field of taxation.

The Conference requests the Parliament and the Council to be particularly careful to abide by Article 42(3) of the

Treaty establishing the European Community, particularly when the Member States concerned claim that

amendments to Community regulations relating to the application of social security schemes which concern,

inter

alia,

alia

family benefits or unemployment benefits would significantly affect the financial equilibrium of their

social securit y schemes, particularly through a substantial transfer between Member States. The Conference also

considers that the

pro rata temporis

principle should be maintained for the calculation of old-age and death benefits.

THE TAKING-UP AND PURSUIT OF ACTIVITIES AS SELF-EMPLOYED PERSONS

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ARTICLE 47(2) TEC

2. For the same purpose, the Council, acting in accordance with the procedure referred to in Article 251, shall issue directives for the 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.

[Last two sentences deleted].

Declaration to be included in the Final Act of the Conference

on Article 47(2) TEC

The Conference confirms that the principle enshrined in Article 150, whereby the Community fully respects the

responsibility of the Member States for the content and organisation of vocational training, applies to Directives

adopted pursuant to Article 47(2).

The Conference considers that the Directives adopted pursuant to Article 47(2) of the Treaty should not restrict

existing rights of access to the legal professions in the

Member States.

VISAS, ASYLUM, IMMIGRATION AND OTHER POLICIES RELATING

TO THE FREE MOVEMENT OF PERSONS

OPTION 1

ARTICLE 67 TEC

The Council, acting in accordance with the procedure referred to in Article 251, shall adopt the measures referred

to in Articles 62(2)(a)

[procedures for checks on persons at external borders],

62(2)(b)(ii) and (iv)

[certain rules on visas],

62(3)

[conditions

of freedom to travel for nationals of third countries],

63(1)(a), (b), (c) and (d)

[measures on asylum],

63(2)(a)

[minimum standards f or

immigration]

matters]

giving temporary protection],

63(3)(b)

[measures

on illegal immigration

and

65(a), (b) and (c)

[judicial

cooperation in civil matters

[for the

measures

judicial

record: question of family law].

2. The Council, acting by a qualified majority after consulting the European Parliament, shall adopt the measures referred to

in Article 62(2)(b)(i) and (iii)

[other rules on visas]

and Article 66

[cooperation between the relevant departments of the administrations].

3. The Council shall adopt the measures referred to in Article 62(1)

[absence of any controls on persons when crossing internal borders]

borders],

Article 63(2)(b)

[measures promoting a balance of effort between Member States in receiving refugees],

Article 63(3)(a)

[measures on conditions

of entry and residence]

and Article 63(4)

[residence of nationals of third countries in other Member States]

acting unanimously after

consulting the European Parliament.

Before 1 May 2004,

the Council, acting unanimously after consulting the European

Parliament, shall take a decision with a view to providing for all or parts of the areas covered by this paragraph to be

governed by the procedure referred to in Article 251.

4. In the areas covered by Articles 61 to 66, the Council shall act on proposals from the Commission; the Commission shall

examine any request made by a Member State that it submit a proposal to the Council.

5. The Council, acting unanimously after consulting the European Parliament,

the Commission and the Court of Justice,

shall take a decision with a view to adapting the provisions in Article 68 relating to the powers of the Court of Justice.

VISAS, ASYLUM, IMMIGRATION AND OTHER POLICIES

RELATING TO THE FREE MOVEMENT OF PERSONS

OPTION 2

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ARTICLE 67 TEC

1. During a transitional period of five years following the entry into force of the Treaty of Amsterdam, the Council shall act

unanimously on a proposal from the Commission or on the initiative of a Member State and after consulting the European

Parliament.

2. After this period of five years:

{{SPA}} the Council shall act on proposals from the Commission; the Commission shall examine any request

made by a Member State that it submit a proposal to the Council;

{{SPA}} the Council, acting unanimously after consulting the European Parliament, shall take a decision with a

view to providing for all or parts of the areas covered by this Title to be governed by the procedure referred to

in Article 251 and adapting the provisions relating to the powers of the Court of Justice.

3. By derogation from paragraphs 1 and 2, measures referred to in Article 62(2)(b)(i) and (iii) shall, from the entry into force

of the Treaty of Amsterdam, be adopted by the Council acting

by a qualified majority on a proposal from the Commission and after consulting the European Parliament.

4. By derogation from paragraph 2, measures referred to in Article 62(2)(b)(ii) and (iv) shall, after a period of five years

following the entry into force of the Treaty of Amsterdam, be adopted by the Council acting in accordance with the

procedure referred to in Article 251.

Declaration to be included in the Final Act of the Conference on Article 67 TEC

The High Contracting Parties agree that, in the decision it is required to take pursuant to the second indent of

Article 67(2) of the Treaty establishing the European Community, the Council will decide:

as from 1 May 2004, to act in accordance with the procedure referred to in Article 251 in order to adopt the measures

referred to in Article 62(2)(a) and (3), Article 63(1), (2)(a) and (3)(b) and Article 65;

as from that date, to act by a qualified majority on a proposal from the Commission after consulting the

European Parliament in order to adopt the measures referred to in Article 66.

The Council will, moreover, endeavour to make the procedure referred to in Article 251 applicable at that date or as

soon as possible thereafter to the other areas covered by Title IV or to parts of them.

TAX PROVISIONS

OPTION 1

ARTICLE 93 TEC

1. The Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament

and the Economic and Social Committee, shall adopt:

provisions for the harmonisation of the laws and regulations of the Member States concerning turnover

taxes, excise duties and other forms of indirect taxation;

provisions concerning the approximation of the laws and regulations of the Member States on direct

taxation;

to the extent that such provisions are necessary to ensure the establishment and the functioning of the internal market.

By way of derogation from paragraph 1, the Council, acting in accordance with the procedure referred to in

Article 251 and after consulting the Economic and Social Committee, shall adopt, in the area of indirect taxation:

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{{SPA}} technical updating measures for the sole purpose of simplifying existing Community rules or ensuring

uniform, simple and transparent application of existing Community rules relating to turnover tax, excise duties

and other forms of indirect taxation in the areas referred to in the Protocol annexed to this Treaty;

{{SPA}} measures for the sole purpose of preventing fraud, tax evasion and the circumvention of existing rules.

3. The measures referred to in paragraph 2 may not affect, either directly or indirectly:

{{SPA}} in the case of turnover tax, rules concerning the location of transactions, the reallocation of tax revenue

between Member States, the basis of assessment or the fixing of rates;

{{SPA}} in the case of excise duties and other forms of indirect taxation, rules concerning the place of taxation, the

basis of assessment or the fixing of rates.

4. The Council, acting by a qualified majority on a proposal from the Commission and after consulting the

European Parliament and the Economic and Social Committee, shall adopt the provisions necessary for mutual

assistance, exchanges of information, and cooperation between tax authorities within the Community with a view

in particular to combating fraud and tax evasion and to recovering tax claims. These measures shall not concern

the application of national criminal law or the admini stration of justice in the

Member States.

5. The Protocol referred to in paragraph 2 may be amended by the Council, acting unanimously on a proposal from the

Commission after consulting the European Parliament.

ARTICLE 94 TEC

Article deleted.

PROTOCOL TO BE ANNEXED

TO THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY

The High Contracting Parties

have agreed on the following provisions, which shall be annexed to the Treaty establishing the European

Community.

The first indent of Article 93(2) shall apply in the following areas:

(a) with regard to turnover tax:

{{SPA}} refund arrangements/right to deduct;

{{SPA}} determination of the person liable for payment of tax;

determination and definition of concepts in common;

{{SPA}} fiscal procedures;

{{SPA}} derogations intended to simplify the procedure for charging the tax or to prevent certain types

of tax evasion or avoidance;

(b) with regard to excise duties:

{{SPA}} structure of excise duties;

determination and definition of concepts in common;

uniform application of traffic and taxation rules;

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{{SPA}} derogations.

TAX PROVISIONS

OPTION 2

ARTICLE 93 TEC

1. The Council, acting on a proposal from the Commission and after consulting the European Parliament and the Economic

and Social Committee, shall

unanimously

adopt:

• provisions for the harmonisation of the laws and regulations of the Member States concerning turnover taxes

and

excise duties

covering:

the fixing of rates, the determination of rate structures, the transition to definitive arrangements with regard to

turnover taxes, and the place of taxation of transactions;

the fixing of rates and the determination of the place of taxation with regard to excise duties;

(b) provisions concerning the approximation of the laws and regulations of the

Member States

on direct taxation to

the extent that such provisions are necessary to ensure the establishment and the functioning of the internal market.

2. The Council, acting in accordance with the procedure referred to in Article 251 after consulting the Economic

and Social Committee, shall adopt:

(a) provisions relating to the harmonisation of turnover taxes and excise duties other than those referred to in

paragraph 1(a) and to cooperation between "tax authorities";

•

the provisions referred to in paragraph 1(b) where they relate to:

the elimination of direct obstacles to the free movement of goods, persons, services or capital and, in particular,

the prevention of situations involving discrimination, double taxation or double remission;

the elimination of harmful tax competition;

mutual assistance, exchanges of information, and cooperation between tax authorities within the Community with

a view in particular to combating fraud and tax evasion and to recovering tax claims.

environment.

for the record: Provisions relating to energy taxation the main objective of which is to protect the environment

COMMUNITY FINANCIAL ASSISTANCE, UNDER CERTAIN CONDITIONS,

TO A MEMBER STATE WHICH IS IN DIFFICULTIES OR IS

SERIOUSLY THREATENED WITH SEVERE DIFFICULTIES CAUSED BY EXCEPTIONAL

OCCURRENCES BEYOND ITS CONTROL

ARTICLE 100 TEC

1. Without prejudice to any other procedures provided for in this Treaty, the Council,

acting by a qualified majority

a proposal from the Commission, may decide upon the measures appropriate to the economic situation, in particular if

severe difficulties arise in the supply of certain products.

2. Where a Member State is in difficulties or is seriously threatened with severe difficulties caused by

natural disasters

exceptional occurrences beyond its control, the Council,

acting by a qualified majority

on a proposal from the

Commission, may grant, under certain conditions, Community financial assistance to the Member State concerned.

[Sentence deleted]

The President of the Council shall inform the European Parliament of the decisi on taken.

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Declaration to be included in the Final Act of the Conference on Article 100 TEC

The Conference recalls that decisions regarding financial assistance, such as are provided for in Article 100 and

are compatible with the no bail-out rule laid down in Article 102 TEC, must comply with the prohibition on

assuming commitments referred to in Article 103, with the 2000{{SPA}}2006 financial perspective, and in

particular paragraph 11 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the

il and the Commission on budgetary discipline and improvement of the budgetary procedure, and with the

corresponding provisions of future interinstitutional agreements and financial perspectives.

REPRESENTATION OF THE EUROPEAN COMMUNITY

AT INTERNATIONAL LEVEL IN THE EMU SPHERE

ARTICLE 111(4) TEC

4. Subject to paragraph 1, the Council,

acting by a qualified majority

on a proposal from the Commission and after

consulting the ECB, shall decide on the position of the Community at international level as regards issues of particular

relevance to economic and monetary union and,

[phrase deleted]

on its representation in compliance with the allocation

of powers laid down in Articles 99 and 105.

Declaration to be included in the Final Act of the Conference on Article 111 TEC

The Conference agrees that procedures must be such as to enable all the Member States

in the euro area to be

fully involved in each stage of preparing the position of the Community at international level as regards issues of

particular relevance to economic and monetary union.

PROVISIONS RELATING TO THE OPERATION OF

THE GOVERNING COUNCIL OF THE ECB IN THE PROTOCOL ON

THE STATUTE OF THE EUROPEAN SYSTEM OF CENTRAL BANKS

AND OF THE EUROPEAN CENTRAL BANK

ARTICLE 10 OF THE STATUTE

Addition of a new paragraph 6

10.6 The provisions of paragraph 2 may be amended by the Council meeting in the composition of the Heads of

State or Government, acting unanimously either on a recommendation from the ECB and after consulting the

European Parliament and the Commission, or on a recommendation from the Commission and after consulting

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the European Parliament and the ECB. The Council shall recommend such amendments to the Member States

for adoption in accorda nce with their respective constitutional requirements.

A recommendation made by the ECB under this paragraph shall require a decision by the Governing Council

acting unanimously.

OTHER MEASURES NECESSARY FOR THE RAPID INTRODUCTION OF THE ECU

ARTICLE 123(4)

4. At the starting date of the third stage, the Council shall, acting with the unanimity of the Member States without a

derogation, on a proposal from the Commission and after consulting the ECB, adopt the conversion rates at which their

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

the ECU will become a currency in its own right. This measure shall by itself not modify the external value of the ECU.

The

Council, acting by a qualified majority of the Member States without a derogation, on a proposal from the

Commission and after consulting the ECB,

shall

[word

deleted

take the other measures necessary for the rapid

word deleted]

introduction of the ECU as the single currency of those Member States.

The provisions of the second sentence of

Article 122(5) shall apply.

COMMON COMMERCIAL POLICY

OPTION 1

ARTICLE 133 TEC

1. The common commercial policy shall be based on uniform principles, particularly in regard to changes in tariff rates, the

conclusion of tariff and trade agreements, the achievement of uniformity in measures of liberalisation, export policy and

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

2. The Commission shall submit proposals to the Council for implementing the common commercial policy.

3. Where agreements with one or more States or international organisations need to be negotiated, the Commission shall

make recommendations to the Council, which shall authorise the Commission to open the necessary negotiations.

The

Council and the Commission shall be responsible for ensuring that the agreements negotiated are compatible with

internal Community policies and rules.

The Presidency may accompany the Commission if the Council considers it appropriate.

The Commission shall conduct these negotiations in consultation with a special committee appointed by the Council to assist

the Commission in this task and within the framework of such directives as the Council may issue to it.

The relevant provisions of Article 300 shall apply.

4. In exercising the powers conferred upon it by this Article, the Council shall act by a qualified majority.

The provisions of paragraphs 1 to 4 shall also apply to the negotiation and conclusion of agreements relating to

trade in services, and the commercial aspects of intellectual property, insofar as they are not covered by those

paragraphs.

By way of derogation from paragraph 4, the Council shall act unanimously when negotiating and concluding an

agreement in the field referred to in the first subparagraph where that agreement includes provisions:

{{SPA}} for which unanimity is required for the adoption of internal rules;

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{{SPA}} for which the Community has not yet adopted internal rules;

{{SPA}} which seriously affects the ability of the Community and its Member States to promote

cultural diversity.

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

Member States

to conclude agreements with third countries or international organisations in the field referred to the first

subparagraph, provided that such agreements are compatible with this Treaty.

The rights and obligations arising from agreements concluded in the field referred to in the first subparagraph

before the date of signature of the Treaty of Nice between one or more Member States, of the one part, and one or

more third countries or an international organisation, of the other part, shall not be affected by the provisions of

this paragraph provided that such agreements are compatible with this Treaty. The Member State or Member

States concerned shall use all appropriate m eans to remove any incompatibility if the Community decides to

exercise its powers in the field covered by the abovementioned agreements.

6. An agreement may not be concluded by the Council if it includes provisions which would go beyond the

Community's powers, in particular by leading to harmonisation of the laws or regulations of the Member States

in an area for which the Treaty rules out such harmonisation.