PART III - B
Article III-196
1. In order to secure the euro's place in the international monetary system, the Council, on a
proposal from the Commission, shall adopt a European decision establishing common positions on
matters of particular interest for economic and monetary union within the competent international
financial institutions and conferences. The Council shall act after consulting the European Central
Bank.
2. The Council, on a proposal from the Commission, may adopt appropriate measures to ensure
unified representation within the international financial institutions and conferences. The Council
shall act after consulting the European Central Bank.
3. For the measures referred to in paragraphs 1 and 2, only members of the Council representing
Member States whose currency is the euro shall take part in the vote.
A qualified majority shall be defined as at least 55 % of these members of the Council, representing
Member States comprising at least 65 % of the population of the participating Member States.
A blocking minority must include at least the minimum number of these Council members
representing more than 35 % of the population of the participating Member States, plus one
member, failing which the qualified majority shall be deemed attained.
SECTION 5
TRANSITIONAL PROVISIONS
Article III-197
1. Member States in respect of which the Council has not decided that they
fulfil the necessary conditions for the adoption of the euro shall hereinafter
be referred to as •Member States with a
derogation'.
2. The following provisions of the Constitution shall not apply to Member
States with a derogation: (a) adoption of the parts of the broad economic
policy guidelines which concern the euro area
generally (Article III-179(2));
(b) coercive means of remedying excessive deficits (Article III-184(9) and
(10)); (c) the objectives and tasks of the European System of Central Banks
(Article III-185(1), (2), (3)
and (5));
(d) issue of the euro (Article III-186);
(e) acts of the European Central Bank (Article III-190);«(f) measures governing
the use of the euro (Article III-191); (g) monetary agreements and other
measures relating to exchange-rate policy (Article III-326);
(h) appointment of members of the Executive Board of the European Central
Bank (Article III-382 (2));
(i) European decisions establishing common positions on issues of particular
relevance for economic and monetary union within the competent international
financial institutions and
conferences (Article III-196(1));
(j) measures to ensure unified representation within the international financial
institutions and conferences (Article III-196(2)).
In the Articles referred to in points (a) to (j), •Member States' shall
therefore mean Member States whose currency is the euro.
3. Under Chapter IX of the Statute of the European System of Central Banks
and of the European Central Bank, Member States with a derogation and their
national central banks are excluded from
rights and obligations within the European System of Central Banks.
4. The voting rights of members of the Council representing Member States
with a derogation shall be suspended for the adoption by the Council of the
measures referred to in the Articles listed in
paragraph 2, and in the following instances:
(a) recommendations made to those Member States whose currency is the euro
in the framework of multilateral surveillance, including on stability programmes
and warnings (Article III-179(4));
(b) measures relating to excessive deficits concerning those Member States
whose currency is the euro (Article III-184(6), (7), (8) and (11)).
A qualified majority shall be defined as at least 55 % of the other members
of the Council, representing Member States comprising at least 65 % of the
population of the participating Member
States.
A blocking minority must include at least the minimum number of these other
Council members representing more than 35 % of the population of the participating
Member States, plus one
member, failing which the qualified majority shall be deemed attained.
Article III-198
1. At least once every two years, or at the request of a Member State with
a derogation, the Commission and the European Central Bank shall report to
the Council on the progress made by the
Member States with a derogation in fulfilling their obligations regarding
the achievement of economic and monetary union. These reports shall include
an examination of the compatibility
between the national legislation of each of these Member States, including
the statutes of its national central bank, and Articles III-188 and III-189
and the Statute of the European System of Central
Banks and of the European Central Bank. The reports shall also examine whether
a high degree of sustainable convergence has been achieved, by analysing
how far each of these Member States has
fulfilled the following criteria:
(a) the achievement of a high degree of price stability; this is apparent
from a rate of inflation which is close to that of, at most, the three best
performing Member States in terms of price stability;
(b) the sustainability of the government financial position; this is apparent
from having achieved a government budgetary position without a deficit that
is excessive as determined in accordance
with Article III-184(6);
(c) the observance of the normal fluctuation margins provided for by the
exchange-rate mechanism of the European monetary system, for at least two
years, without devaluing against the euro;
(d) the durability of convergence achieved by the Member State with a derogation
and of its participation in the exchange-rate mechanism, being reflected
in the long-term interest-rate
levels.
The four criteria laid down in this paragraph and the relevant periods over
which they are to be respected are developed further in the protocol on the
convergence criteria. the reports from the
commission and the european central bank shall also take account of the results
of the integration of markets, the situation and development of the balances
of payments on current account and an
examination of the development of unit labour costs and other price indices.
2. After consulting the European Parliament and after discussion in the European
Council, the Council, on a proposal from the Commission, shall adopt a European
decision establishing which
Member States with a derogation fulfil the necessary conditions on the basis
of the criteria laid down in paragraph 1, and shall abrogate the derogations
of the Member States concerned.
The Council shall act having received a recommendation of a qualified majority
of those among its members representing Member States whose currency is the
euro. These members shall act within
six months of the Council receiving the Commission's proposal.
The qualified majority referred to in the second subparagraph shall be defined
as at least 55 % of these members of the Council, representing Member States
comprising at least 65 % of the
population of the participating Member States. A blocking minority must include
at least the minimum number of these Council members representing more than
35 % of the population of the
participating Member States, plus one member, failing which the qualified
majority shall be deemed attained.
3. If it is
decided, in accordance with the procedure set out in paragraph 2, to abrogate
a derogation, the Council shall, on a proposal from the Commission, adopt
the European regulations
or decisions irrevocably fixing the rate at which the euro is to be substituted
for the currency of the Member State concerned, and laying down the other
measures necessary for the introduction of the
euro as the single currency in that Member State. The Council shall act with
the unanimous agreement of the members representing Member States whose currency
is the euro and the Member
State concerned, after consulting the European Central Bank.
Article III-199
1. If and as long as there are Member States with a derogation, and without
prejudice to Article III-187( 1), the General Council of the European Central
Bank referred to in Article 45 of the Statute of
the European System of Central Banks and of the European Central Bank shall
be constituted as a third decision-making body of the European Central Bank.
2. If and as long as there are Member States with a derogation, the European
Central Bank shall, as
regards those Member States:
(a) strengthen cooperation between the national central banks;
(b) strengthen the coordination of the monetary policies of the Member States,
with the aim of ensuring price stability;
(c) monitor the functioning of the exchange-rate mechanism;
(d) hold consultations concerning issues falling within the competence of
the national central banks and affecting the stability of financial institutions
and markets;
(e) carry out the former tasks of the European Monetary Cooperation Fund
which had subsequently been taken over by the European Monetary Institute.
Article III-200
Each Member State with a derogation shall treat its exchange-rate policy
as a matter of common
interest. In so doing, it shall take account of the experience acquired in
cooperation within the framework of the exchange-rate mechanism.
Article III-201
1. Where a Member State with a derogation is in difficulties or is seriously
threatened with difficulties as regards its balance of payments either as
a result of an overall disequilibrium in its
balance of payments, or as a result of the type of currency at its disposal,
and where such difficulties are liable in particular to jeopardise the functioning
of the internal market or the implementation of
the common commercial policy, the Commission shall immediately investigate
the position of the State in question and the action which, making use of
all the means at its disposal, that State has
taken or may take in accordance with the Constitution. The Commission shall
state what measures it recommends the Member State concerned to adopt.
If the action taken by a Member State with a derogation and the measures
suggested by the Commission do not prove sufficient to overcome the difficulties
which have arisen or which threaten,
the Commission shall, after consulting the Economic and Financial Committee,
recommend to the Council
the granting of mutual assistance and appropriate methods. The Commission
shall keep the Council regularly informed of the situation and of how it
evolves.
2. The Council shall adopt European regulations or decisions granting such
mutual assistance and laying down the conditions and details of such assistance,
which may take such forms as:
(a) a concerted approach to or within any other international organisations
to which Member States with a derogation may have recourse;
(b) measures needed to avoid deflection of trade where the Member State with
a derogation, which is in difficulties, maintains or reintroduces quantitative
restrictions against third countries;
(c) the granting of limited credits by other Member States, subject to their
agreement.
3. If the mutual assistance recommended by the Commission is not
granted by the Council or if the
mutual assistance granted and the measures taken are insufficient, the Commission
shall authorise the Member State with a derogation, which is in difficulties,
to take protective measures, the
conditions and details of which the Commission shall determine.
Such authorisation may be revoked and such conditions and details may be
changed by the Council.
Article III-202
1. Where a sudden crisis in the balance of payments occurs and a European
decision as referred to in Article III-201(2) is not immediately adopted,
a Member State with a derogation may, as a
precaution, take the necessary protective measures. Such measures must cause
the least possible disturbance in the functioning of the internal market
and must not be wider in scope than is strictly
necessary to remedy the sudden difficulties which have arisen.
2. The Commission and the other Member States shall be informed of the protective
measures referred to in paragraph 1 not later than when they enter into force.
The Commission may
recommend to the Council the granting of mutual assistance under Article
III-201.
3. The Council, acting on a recommendation from the Commission and
after consulting the
Economic and Financial Committee may adopt a European decision stipulating
that the Member State concerned shall amend, suspend or abolish the protective
measures referred to in paragraph 1.
CHAPTER III
POLICIES IN OTHER AREAS
SECTION 1
EMPLOYMENT
Article III-203
The Union and the Member States shall, in accordance with this Section, work towards developing a
coordinated strategy for employment and particularly for promoting a skilled, trained and adaptable
workforce and labour markets responsive to economic change with a view to achieving the objectives
referred to in Article I-3.
Article III-204
1. Member States, through their employment policies, shall contribute to the achievement of the
objectives referred to in Article III-203 in a way consistent with the broad guidelines of the economic
policies of the Member States and of the Union adopted pursuant to Article III-179(2).
2. Member States, having regard to national practices related to the responsibilities of management
and labour, shall regard promoting employment as a matter of common concern and shall
coordinate their action in this respect within the Council, in accordance with article III-206.
Article III-205
1. The Union shall contribute to a high level of employment by encouraging cooperation between
Member States and by supporting and, if necessary, complementing their action. In doing so, the
competences of the Member States shall be respected.
2. The objective of a high level of employment shall be taken into consideration in the formulation
and implementation of Union policies and activities.
Article III-206
1. The European Council shall each year consider the employment situation in the Union and adopt
conclusions thereon, on the basis of a joint annual report by the Council and the Commission.
2. On the basis of the conclusions of the European Council, the Council,
on a proposal from the Commission, shall each year adopt guidelines which
the Member States shall take into account in
their employment policies. It shall act after consulting the European Parliament,
the Committee of the Regions, the Economic and Social Committee and the Employment
Committee.
These guidelines shall be consistent with the broad guidelines adopted pursuant
to Article III-179(2).
3. Each Member
State shall provide the Council and the Commission with an annual report
on the principal measures taken to implement its employment policy in the
light of the guidelines for
employment as referred to in paragraph 2.
4. The Council, on the basis of the reports referred to in paragraph 3 and
having received the views of the Employment Committee, shall each year carry
out an examination of the implementation of
the employment policies of the Member States in the light of the guidelines
for employment. The Council, on a recommendation from the Commission, may
adopt recommendations which it shall
address to Member States.
5. On the basis of the results of that examination, the Council and the Commission
shall make a joint annual report to the European Council on the employment
situation in the Union and on the
implementation of the guidelines for employment.
Article III-207
European laws or framework laws may establish incentive measures designed
to encourage cooperation between Member States and to support their action
in the field of employment through
initiatives aimed at developing exchanges of information and best practices,
providing comparative analysis and advice as well as promoting innovative
approaches and evaluating experiences, in
particular by recourse to pilot projects. They shall be adopted after consultation
of the Committee of the Regions and the Economic and Social Committee.
Such European laws or framework laws shall not include harmonisation of the
laws and regulations of the Member States.
Article III-208
The Council shall, by a simple majority, adopt a European decision establishing
an Employment Committee with advisory status to promote coordination between
Member States on employment
and labour market policies. It shall act after consulting the European Parliament.
The tasks of the Committee shall be:
(a) to monitor the employment situation and employment policies in the Union
and the Member States;
(b) without prejudice to Article III-344, to formulate opinions at the request
of either the Council or the Commission or on its own initiative, and to
contribute to the preparation of the Council
proceedings referred to in Article III-206.
In fulfilling its mandate, the Committee shall consult management and labour.
Each Member State and the Commission shall appoint two members of the Committee.
SECTION 2
SOCIAL POLICY
Article III-209
The Union and the Member States, having in mind fundamental social rights
such as those set out in the European Social Charter signed at Turin on 18
October 1961 and in the 1989 Community
Charter of the Fundamental Social Rights of Workers, shall have as their
objectives the promotion of employment, improved living and working conditions,
so as to make possible their harmonisation
while the improvement is being maintained, proper social protection, dialogue
between management and labour, the development of human resources with a
view to lasting high employment and the
combating of exclusion.
To this end the Union and the Member States shall act taking account of the
diverse forms of national practices, in particular in the field of contractual
relations, and the need to maintain the
competitiveness of the Union economy.
They believe that such a development will ensue not only from the functioning
of the internal market, which will favour the harmonisation of social systems,
but also from the procedures
provided for in the Constitution and from the approximation of provisions
laid down by law, regulation or administrative action of the Member States.
Article III-210
1. With a view to achieving the objectives of Article III-209, the Union
shall support and
complement the activities of the Member States in the following fields:
(a) improvement in particular of the working environment to protect workers'
health and safety; (b) working conditions;
(c) social security and social protection of workers;
(d) protection of workers where their employment contract is terminated;
(e) the information and consultation of workers;
(f) representation and collective defence of the interests of workers and
employers, including co-determination, subject to paragraph 6;
(g) conditions of employment for third-country nationals legally residing
in Union territory; (h) the integration of persons excluded from the labour
market, without prejudice to Article III-283;
(i) equality between women and men with regard to labour market opportunities
and treatment at work;
(j) the combating of social exclusion;
(k) the modernisation
of social protection systems without prejudice to point (c).
2. For the purposes
of paragraph 1:
(a) European laws or framework laws may establish measures designed to encourage
cooperation between Member States through initiatives aimed at improving
knowledge, developing exchanges
of information and best practices, promoting innovative approaches and evaluating
experiences, excluding any harmonisation of the laws and regulations of the
Member States;
(b) in the fields referred to in paragraph 1(a) to (i), European framework
laws may establish minimum requirements for gradual implementation, having
regard to the conditions and
technical rules obtaining in each of the Member States. Such European framework
laws shall avoid imposing administrative, financial and legal constraints
in a way which would hold back
the creation and development of small and medium-sized undertakings.
In all cases, such European laws or framework laws shall be adopted after
consultation of the Committee of the Regions and the Economic and Social
Committee.
3. By way of derogation from paragraph 2, in the fields referred to in paragraph
1(c), (d), (f) and (g), European laws or framework laws shall be adopted
by the Council acting unanimously after
consulting the European Parliament, the Committee of the Regions and the
Economic and Social Committee.
The Council may, on a proposal from the Commission, adopt a European decision
making the ordinary legislative procedure applicable to paragraph 1(d), (f)
and (g). It shall act unanimously after
consulting the European Parliament.
4. A Member State may entrust management and labour, at their joint request,
with the implementation of European framework laws adopted pursuant to paragraphs
2 and 3 or, where
appropriate, with the implementation of European regulations or decisions
adopted in accordance with Article III-212.
In this case, it shall ensure that, no later than the date on which a European
framework law must be transposed, or a European regulation or decision implemented,
management and labour have
introduced the necessary measures by agreement, the Member State concerned
being required to take any necessary measure enabling it at any time to be
in a position to guarantee the results imposed by
that framework law, regulation or decision.
5. The European laws and framework laws adopted pursuant to this Article:
(a) shall not affect the right of Member States to define the fundamental
principles of their social security systems and must not significantly affect
the financial equilibrium of such systems;
(b) shall not prevent any Member State from maintaining or introducing more
stringent protective measures compatible with the Constitution.
6. This Article shall not apply to pay, the right of association, the right
to strike or the right to impose lockouts.
Article III-211
1. The Commission shall promote the consultation of management and labour
at Union level and shall adopt any relevant measure to facilitate their dialogue
by ensuring balanced support for the
parties.
2. For the purposes of paragraph 1, before submitting proposals in the social
policy field, the Commission shall consult management and labour on the possible
direction of Union action.
3. If, after the consultation referred to in paragraph 2, the Commission
considers Union action desirable, it shall consult management and labour
on the content of the envisaged proposal.
Management and labour shall forward to the Commission an opinion or, where
appropriate, a recommendation.
4. On the occasion of the consultation referred to in paragraphs 2 and 3,
management and labour may inform the Commission of their wish to initiate
the process provided for in Article III-212(1).
The duration of this process shall not exceed nine months, unless the management
and labour concerned and the Commission decide jointly to extend it.
Article III-212
1. Should management and labour so desire, the dialogue between them at Union
level may lead to contractual relations, including agreements.
2. Agreements concluded at Union level shall be implemented either in accordance
with the procedures and practices specific to management and labour and the
Member States or, in matters
covered by Article III-210, at the joint request of the signatory parties,
by European regulations or decisions adopted by the Council on a proposal
from the Commission. The European Parliament
shall be informed.
Where the agreement in question contains one or more provisions relating
to one of the areas for which unanimity is required pursuant to Article III-210(3),
the Council shall act unanimously.
Article III-213
With a view to achieving the objectives of Article III-209 and without prejudice
to the other provisions of the Constitution, the Commission shall encourage
cooperation between the
Member States and facilitate the coordination of their action in all social
policy fields under this Section, particularly in matters relating to:
(a) employment;
(b) labour law and working conditions;
(c) basic and advanced vocational training;
(d) social security;
(e) prevention of occupational accidents and diseases;
(f) occupational hygiene;
(g) the right of association and collective bargaining between employers
and workers. To this end, the Commission shall act in close contact with
Member States by making studies,
delivering opinions and arranging consultations both on problems arising
at national level and on those of concern to international organisations,
in particular initiatives aiming at the establishment of
guidelines and indicators, the organisation of exchange of best practice,
and the preparation of the necessary elements for periodic monitoring and
evaluation. The European Parliament shall be kept
fully informed.
Before delivering the opinions provided for in this Article, the Commission
shall consult the Economic and Social Committee.
Article III-214
1. Each Member State shall ensure that the principle of equal pay for female and male workers for
equal work or work of equal value is applied.
2. For the purpose of this Article, •pay-«means the ordinary basic or minimum wage or salary and
any other consideration, whether in cash or in kind, which the worker receives directly or indirectly,
in respect of his employment, from his employer.
Equal pay without discrimination based on sex means:
(a) that pay for the same work at piece rates shall be calculated on the basis of the same unit of
measurement;
(b) that pay for work at time rates shall be the same for the same job.
3. European laws or framework laws shall establish measures to ensure the application of the
principle of equal opportunities and equal treatment of women and men in matters of employment
and occupation, including the principle of equal pay for equal work or work of equal value. They shall
be adopted after consultation of the Economic and Social Committee.
4. With a view to ensuring full equality in practice between women and men in working life, the
principle of equal treatment shall not prevent any Member State from maintaining or adopting
measures providing for specific advantages in order to make it easier for the under-represented sex to
pursue a vocational activity, or to prevent or compensate for disadvantages in professional careers.
Article III-215
Member States shall endeavour to maintain the existing equivalence between paid holiday schemes.
Article III-216
The Commission shall draw up a report each year on progress in achieving
the objectives of Article III-209, including the demographic situation within
the Union. It shall forward the report to
the European Parliament, the Council and the Economic and Social Committee.
Article III-217
The Council shall, by a simple majority, adopt a European decision establishing
a Social Protection Committee with advisory status to promote cooperation
on social protection policies between
Member States and with the Commission. The Council shall act after consulting
the European Parliament.
The tasks of the Committee shall be:
(a) to monitor the social situation and the development of social protection
policies in the Member States and within the Union;
(b) to promote exchanges of information, experience and good practice between
Member States and with the Commission;
(c) without prejudice to Article III-344, to prepare reports, formulate opinions
or undertake other work within the scope of its powers, at the request of
either the Council or the Commission or on
its own initiative.
In fulfilling its mandate, the Committee shall establish appropriate contacts
with management and labour.
Each Member State and the Commission shall appoint two members of the Committee.
Article III-218
The Commission shall include a separate chapter on social developments within
the Union in its annual report to the European Parliament.
The European Parliament may invite the Commission to draw up reports on any
particular problems concerning social conditions.
Article III-219
1. In order to improve employment opportunities for workers in the internal
market and to contribute thereby to raising the standard of living, a European
Social Fund is hereby established; it
shall aim to render the employment of workers easier and to increase their
geographical and occupational mobility within the Union, and to facilitate
their adaptation to industrial changes and to
changes in production systems, in particular through vocational training
and retraining.
2. The Commission shall administer the Fund. It shall be assisted in this task by a Committee
presided over by a member of the Commission and composed of representatives of Member States,
trade unions and employers' organisations.
3. European laws shall establish implementing measures relating to the Fund. Such laws shall be
adopted after consultation of the Committee of the Regions and the Economic and Social
Committee.
SECTION 3
ECONOMIC, SOCIAL AND TERRITORIAL COHESION
Article III-220
In order to promote its overall harmonious development, the Union shall develop and pursue its
action leading to the strengthening of its economic, social and territorial cohesion.
In particular, the Union shall aim at reducing disparities between the levels of development of the
various regions and the backwardness of the least favoured regions.
Among the regions concerned, particular attention shall be paid to rural areas, areas affected by
industrial transition, and regions which suffer from severe and permanent natural or demographic
handicaps such as the northernmost regions with very low population density and island,
cross-border and mountain regions.
Article III-221
Member States shall conduct their economic policies and shall coordinate them in such a way as, in
addition, to attain the objectives set out in Article III-220. The formulation and implementation of
the Union's policies and action and the implementation of the internal market shall take into account
those objectives and shall contribute to their achievement. The Union shall also support the
achievement of these objectives by the action it takes through the Structural Funds (European
Agricultural Guidance and Guarantee Fund, Guidance Section; European Social Fund; European
Regional Development Fund), the European Investment Bank and the other existing financial
instruments.
The Commission shall submit a report to the European Parliament, the Council, the Committee of
the Regions and the Economic and Social Committee every three years on the progress made towards
achieving economic, social and territorial cohesion and on the manner in which the various means
provided for in this Article have contributed to it. This report shall, if necessary, be accompanied by
appropriate proposals.
European laws or framework laws may establish any specific measure outside the Funds, without
prejudice to measures adopted within the framework of the Union's other policies. They shall be
adopted after consultation of the Committee of the Regions and the Economic and
Social Committee.
Article III-222
The European Regional Development Fund is intended to help to redress the main regional
imbalances in the Union through participation in the development and structural adjustment of
regions whose development is lagging behind and in the conversion of declining industrial regions.
Article III-223
1. Without prejudice to article III-224, European laws shall define the tasks, the priority objectives
and the organisation of the structural funds, which may involve grouping the Funds, the general rules
applicable to them and the provisions necessary to ensure their effectiveness and the coordination of
the Funds with one another and with the other existing Financial Instruments.
A Cohesion Fund set up by a European law shall provide a financial contribution to projects in the
fields of environment and trans-European networks in the area of transport infrastructure.
In all cases, such European laws shall be adopted after consultation of the Committee of the Regions
and the Economic and Social Committee.
2. The first provisions on the Structural Funds and the Cohesion Fund to be adopted following
those in force on the date on which the Treaty establishing a Constitution for Europe is signed shall
be established by a European law of the Council. The Council shall act unanimously after obtaining
the consent of the European Parliament.
Article III-224
European laws shall establish implementing measures relating to the European Regional
Development Fund. Such laws shall be adopted after consultation of the Committee of the Regions
and the Economic and Social Committee.
With regard to the European Agricultural Guidance and Guarantee Fund, Guidance Section, and the
European Social Fund, Articles III-231 and III-219(3) respectively shall apply.
SECTION 4
AGRICULTURE AND FISHERIES
Article III-225
The Union shall define and implement a common agriculture and fisheries policy.
'Agricultural products' means the products of the soil, of stockfarming and of fisheries and products
of first-stage processing directly related to these products. References to the common agricultural
policy or to agriculture, and the use of the term 'agricultural', shall be understood as also referring to
fisheries, having regard to the specific characteristics of this sector.
Article III-226
1. The internal market shall extend to agriculture and trade in agricultural
products.
2. Save as otherwise provided in articles III-227 to III-232, the
rules laid down for the
establishment and functioning of the internal market shall apply to agricultural
products.
3. The products listed in Annex I shall be subject to Articles
III-227 to III-232.
4. The operation and development of the internal market for agricultural
products must be accompanied by a common agricultural policy.
Article III-227
1. The objectives of the common agricultural policy shall be:
(a) to increase agricultural productivity by promoting technical progress
and by ensuring the rational development of agricultural production and the
optimum utilisation of the factors of production,
in particular labour;
(b) thus to ensure a fair standard of living for the agricultural community,
in particular by increasing the individual earnings of persons engaged in
agriculture;
(c) to stabilise markets;
(d) to assure the availability of supplies;
(e) to ensure that supplies reach consumers at reasonable prices.
2. In working out the common agricultural policy and the special methods
for its application, account shall be taken of:
(a) the particular nature of agricultural activity, which results from the
social structure of agriculture and from structural and natural disparities
between the various agricultural regions;
(b) the need to effect the appropriate adjustments by degrees;
(c) the fact that in the Member States agriculture constitutes a sector closely
linked with the economy as a whole.
Article III-228
1. In order to attain the objectives set out in Article III-227, a common
organisation of agricultural markets shall be established.
This organisation shall take one of the following forms, depending on the
product concerned: (a) common rules on competition;
(b) compulsory
coordination of the various national market organisations; (c) a European
market organisation.
2. The common organisation established in accordance with paragraph 1 may
include all measures required to attain the objectives set out in Article
III-227, in particular regulation of prices, aids for
the production and marketing of the various products, storage and carryover
arrangements and common machinery for stabilising imports or exports.
The common organisation shall be limited to pursuit of the objectives set
out in Article III-227 and shall exclude any discrimination between producers
or consumers within the Union.
Any common price policy shall be based on common criteria and uniform methods
of calculation.
3. In order to enable the common organisation referred to
in paragraph 1 to attain its objectives,
one or more agricultural guidance and guarantee funds may be set up.
Article III-229
To enable the objectives set out in Article III-227 to be attained, provision
may be made within the framework of the common agricultural policy for measures
such as:
(a) an effective coordination of efforts in the spheres of vocational training,
of research and of the dissemination of agricultural knowledge; this may
include joint financing of projects or
institutions;
(b) joint measures to promote consumption of certain products.
Article III-230
1. The Section relating to rules on competition shall apply to production
of and trade in agricultural products only to the extent determined by European
laws or framework laws in
accordance with Article III-231(2), having regard to the objectives set out
in Article III-227.
2. The Council, on a proposal from the Commission, may
adopt a European regulation or decision
authorising the granting of aid:
(a) for the protection of enterprises handicapped by structural or natural
conditions; (b) within the framework of economic development programmes.
Article III-231
1. The Commission shall submit proposals for working out and implementing
the common agricultural policy, including the replacement of the national
organisations by one of the forms of
common organisation provided for in Article III-228(1), and for implementing
the measures referred to in this Section.
These proposals
shall take account of the interdependence of the agricultural matters referred
to in this Section.
2. European laws or framework laws shall establish the common organisation
of the market provided for in Article III-228(1) and the other provisions
necessary for the pursuit of the objectives
of the common agricultural policy and the common fisheries policy. They shall
be adopted after consultation of the Economic and Social Committee.
3. The Council, on a proposal from the Commission, shall adopt the European
regulations or decisions on fixing prices, levies, aid and quantitative limitations
and on the fixing and allocation of
fishing opportunities.
4. In accordance with paragraph 2, the national market organisations may
be replaced by the common organisation provided for in Article III-228(1)
if:
(a) the common organisation offers Member States which are opposed to this
measure and which have an organisation of their own for the production in
question equivalent safeguards for the
employment and standard of living of the producers concerned, account being
taken of the adjustments that will be possible and the specialisation that
will be needed with the passage of
time, and
(b) such an organisation ensures conditions for trade within the Union similar
to those existing in a national market.
5. If a common organisation for certain raw materials is established before
a common organisation exists for the corresponding processed products, such
raw materials as are used for processed
products intended for export to third countries may be imported from outside
the Union. Article III-232
Where in a Member State a product is subject to a national market organisation
or to internal rules having equivalent effect which affect the competitive
position of similar production in another
Member State, a countervailing charge shall be applied by Member States to
imports of this product coming from the Member State where such organisation
or rules exist, unless that State applies a
countervailing charge on export.
The Commission shall adopt European regulations or decisions fixing the amount
of these charges at the level required to redress the balance. It may also
authorise other measures, the conditions and
details of which it shall determine.
SECTION 5
ENVIRONMENT
Article III-233
1. Union policy on the environment shall contribute to the pursuit of the following objectives:
(a) preserving, protecting and improving the quality of the environment;
(b) protecting human health;
(c) prudent and rational utilisation of natural resources;
(d) promoting measures at international level to deal with regional or worldwide environmental
problems.
2. Union policy on the environment shall aim at a high level of protection taking into account the
diversity of situations in the various regions of the Union. It shall be based on the precautionary
principle and on the principles that preventive action should be taken, that environmental damage
should as a priority be rectified at source and that the polluter should pay.
In this context, harmonisation measures answering environmental protection requirements shall
include, where appropriate, a safeguard clause allowing Member States to take provisional steps, for
non-economic environmental reasons, subject to a procedure of inspection by the Union.
3. In preparing its policy on the environment, the Union shall take account of:
(a) available scientific and technical data;
(b) environmental conditions in the various regions of the Union;
(c) the potential benefits and costs of action or lack of action;
(d) the economic and social development of the Union as a whole and the balanced development of
its regions.
4. Within their respective spheres of competence, the Union and the Member States shall cooperate
with third countries and with the competent international organisations. The arrangements for the
Union's cooperation may be the subject of agreements between the Union and the third parties
concerned.
The first subparagraph shall be without prejudice to Member States' competence to negotiate in
international bodies and to conclude international agreements.
Article III-234
1. European laws or framework laws shall establish what action is to be taken
in order to achieve the objectives referred to in Article III-233. They shall
be adopted after consultation of the
Committee of the Regions and the Economic and Social Committee.
2. By way of derogation from paragraph 1 and without prejudice to Article
III-172, the Council shall unanimously adopt European laws or framework laws
establishing:
(a) provisions primarily of a fiscal nature;
(b) measures affecting:
(i) town and country planning;
(ii) quantitative management of water resources or affecting, directly or
indirectly, the availability of those resources;
(iii) land use, with the exception of waste management;
(c) measures significantly affecting a Member State's choice between different
energy sources and the general structure of its energy supply.
The Council, on a proposal from the Commission, may unanimously adopt a European
decision making the ordinary legislative procedure applicable to the matters
referred to in the first
subparagraph .
In all cases, the Council shall act after consulting the European Parliament,
the Committee of the Regions and the Economic and Social Committee.
3. European laws shall establish general action programmes which set out
priority objectives to be attained. Such laws shall be adopted after consultation
of the Committee of the Regions and the
Economic and Social Committee.
The measures necessary for the implementation of these programmes shall be
adopted under the terms of paragraph 1 or 2, as the case may be.
4. Without prejudice to certain measures adopted by the Union, the Member
States shall finance and implement the environment policy.
5. Without prejudice to the principle that the polluter should pay, if a
measure based on paragraph 1 involves costs deemed disproportionate for the
public authorities of a Member State,
such measure shall provide in appropriate form for:
(a) temporary derogations, and/or
(b) financial support from the Cohesion Fund.
6. The protective
measures adopted pursuant to this Article shall not prevent any Member State
from maintaining or introducing more stringent protective measures. Such
measures must be compatible with the Constitution. They shall be notified
to the Commission.
SECTION 6
CONSUMER PROTECTION
Article III-235
1. In order to promote the interests of consumers and to ensure a high level
of consumer protection, the Union shall contribute to protecting the health,
safety and economic interests of
consumers, as well as to promoting their right to information, education
and to organise themselves in order to safeguard their interests.
2. The Union shall contribute to the attainment of the objectives referred
to in paragraph 1 through:
(a) measures adopted pursuant to Article III-172 in the context of the establishment
and functioning of the internal market;
(b) measures which support, supplement and monitor the policy pursued by
the Member States.
3. European laws or framework laws shall establish the
measures referred to in paragraph 2(b).
Such laws shall be adopted after consultation of the Economic and Social
Committee.
4. Acts adopted pursuant to paragraph 3 shall not prevent any
Member State from maintaining or
introducing more stringent protective provisions. Such provisions must be
compatible with the Constitution. They shall be notified to the Commission.
SECTION 7
TRANSPORT
Article III-236
1. The objectives of the Constitution shall, in matters governed by this
Section, be pursued within
the framework of a common transport policy.
2. European laws or framework laws shall implement paragraph 1, taking into
account the distinctive features of transport. They shall be adopted after
consultation of the Committee of the
Regions and the Economic and Social Committee.
Such European laws or framework laws shall establish:
(a) common rules applicable to international transport to or from the territory
of a Member State or passing across the territory of one or more Member States;
(b) the conditions under which non-resident
carriers may operate transport services within a Member State;
(c) measures to improve transport safety;
(d) any other appropriate measure.
3. When the European laws or framework laws referred to in paragraph 2 are
adopted, account shall be taken of cases where their application might seriously
affect the standard of living and level
of employment in certain regions, and the operation of transport facilities.
Article III-237
Until the European laws or framework laws referred to in Article III-236(2)
have been adopted, no Member State may, unless the Council has unanimously
adopted a European decision granting a
derogation, make the various provisions governing the subject on 1 January
1958 or, for acceding States, the date of their accession less favourable
in their direct or indirect effect on carriers of other
Member States as compared with carriers who are nationals of that State.
Article III-238
Aids shall be compatible with the Constitution if they meet the needs of
coordination of transport or if they represent reimbursement for the discharge
of certain obligations inherent in the concept of a
public service.
Article III-239
Any measures adopted within the framework of the Constitution in respect
of transport rates and conditions shall take account of the economic circumstances
of carriers.
Article III-240
1. In the case of transport within the Union, discrimination which takes
the form of carriers charging different rates and imposing different conditions
for the carriage of the same goods over the
same transport links on grounds of the Member State of origin or of destination
of the goods in question shall be prohibited.
2. Paragraph 1 shall not prevent the adoption of other European laws or framework
laws pursuant to Article III-236(2).
3. The Council, on a proposal from the Commission, shall adopt European regulations
or decisions for implementing paragraph 1. It shall act after consulting
the European Parliament and the
Economic and Social Committee.
The Council may in particular adopt the European regulations and decisions
needed to enable the institutions to secure compliance with the rule laid
down in paragraph 1 and to ensure that users
benefit from it to the full.
4. The Commission,
acting on its own initiative or on application by a Member State, shall investigate
any cases of discrimination falling within paragraph 1 and, after consulting
any
Member State concerned, adopt the necessary European decisions within the
framework of the European regulations and decisions referred to in paragraph
3.
Article III-241
1. The imposition by a Member State, in respect of transport operations carried
out within the Union, of rates and conditions involving any element of support
or protection in the interest of one
or more particular undertakings or industries shall be prohibited, unless
authorised by a European decision of the Commission.
2. The Commission, acting on its own initiative or on application by a Member
State, shall examine the rates and conditions referred to in paragraph 1,
taking account in particular of the requirements
of an appropriate regional economic policy, the needs of underdeveloped areas
and the problems of areas seriously affected by political circumstances on
the one hand, and of the effects of such rates
and conditions on competition between the different modes of transport on
the other. After consulting each Member State concerned, the Commission shall
adopt the necessary European
decisions.
3. The prohibition provided for in paragraph 1 shall not apply to tariffs
fixed to meet competition. Article III-242
Charges or dues in respect of the crossing of frontiers which are charged
by a carrier in addition to the transport rates shall not exceed a reasonable
level after taking the costs actually incurred thereby
into account.
Member States shall endeavour to reduce these costs.
The Commission may make recommendations to Member States for the application
of this Article. Article III-243
The provisions of this Section shall not form an obstacle to the application
of measures taken in the Federal Republic of Germany to the extent that such
measures are required in order to compensate
for the economic disadvantages caused by the division of Germany to the economy
of certain areas of the Federal Republic affected by that division. Five
years after the entry into force of the Treaty
establishing a Constitution for Europe, the Council, acting on a proposal
from the Commission, may adopt a European decision repealing this Article.
Article III-244
An Advisory Committee consisting of experts designated by the governments
of the Member States
shall be attached to the Commission. The Commission, whenever it considers
it desirable, shall consult the Committee on transport matters.
Article III-245
1. This Section shall apply to transport by rail, road and inland waterway.
2. European laws or framework laws may lay down appropriate measures for sea and air transport.
They shall be adopted after consultation of the Committee of the Regions and the Economic and
Social Committee.
SECTION 8
TRANS-EUROPEAN NETWORKS
Article III-246
1. To help achieve the objectives referred to in Articles III-130 and III-220 and to enable citizens of
the Union, economic operators and regional and local communities to derive full benefit from the
setting-up of an area without internal frontiers, the Union shall contribute to the establishment and
development of trans-European networks in the areas of transport, telecommunications and energy
infrastructures.
2. Within the framework of a system of open and competitive markets, action by the Union shall
aim at promoting the interconnection and interoperability of national networks as well as access to
such networks. It shall take account in particular of the need to link island, landlocked and peripheral
regions with the central regions of the Union.
Article III-247
1. In order to achieve the objectives referred to in Article III-246, the Union:
(a) shall establish a series of guidelines covering the objectives, priorities and broad lines of measures
envisaged in the sphere of trans-European networks; these guidelines shall identify projects of
common interest;
(b) shall implement any measures that may prove necessary to ensure the interoperability of the
networks, in particular in the field of technical standardisation;
(c) may support projects of common interest supported by Member States, which are identified in
the framework of the guidelines referred to in point (a), particularly through feasibility studies,
loan guarantees or interest-rate subsidies; the Union may also contribute, through the Cohesion
Fund, to the financing of specific projects in Member States in the area of transport
infrastructure.
The Union's activities shall take into account the potential economic viability of the projects.
2. European laws or framework laws shall establish the guidelines and other measures referred to in
paragraph 1. Such laws shall be adopted after consultation of the Committee of the Regions and the
Economic and Social Committee.
Guidelines
and projects of common interest which relate to the territory of a Member
State shall require the agreement of that Member State.
3. Member States shall, in liaison with the Commission, coordinate among
themselves the policies pursued at national level which may have a significant
impact on the achievement of the objectives
referred to in Article III-246. The Commission may, in close cooperation
with the Member States, take any useful initiative to promote such coordination.
4. The Union may cooperate with third countries to promote projects of mutual
interest and to
ensure the interoperability of networks.
SECTION 9
RESEARCH AND TECHNOLOGICAL DEVELOPMENT AND SPACE
Article III-248
1. The Union shall aim to strengthen its scientific and technological bases
by achieving a European research area in which researchers, scientific knowledge
and technology circulate freely, and
encourage it to become more competitive, including in its industry, while
promoting all the research activities deemed necessary by virtue of other
Chapters of the Constitution.
2. For the purposes referred to in paragraph 1 the Union shall, throughout
the Union, encourage undertakings, including small and medium-sized undertakings,
research centres and universities in
their research and technological development activities of high quality.
It shall support their efforts to cooperate with one another, aiming, notably,
at permitting researchers to cooperate freely across
borders and at enabling undertakings to exploit the internal market potential,
in particular through the opening-up of national public contracts, the definition
of common standards and the removal of
legal and fiscal obstacles to that cooperation.
3. All the Union's activities in the area of research and technological development,
including demonstration projects, shall be decided on and implemented in
accordance with this Section.
Article III-249
In pursuing the objectives referred to in Article III-248, the Union shall
carry out the following activities, complementing the activities carried
out in the Member States:
(a) implementation of research, technological development and demonstration
programmes, by promoting cooperation with and between undertakings, research
centres and universities;
(b) promotion of cooperation in the field of the Union's research, technological
development and demonstration with third countries and international organisations;
(c) dissemination
and optimisation of the results of activities in the Union's research, technological
development and demonstration;
(d) stimulation of the training and mobility of researchers in the Union.
Article III-250
1. The Union and the Member States shall coordinate their research and technological
development activities so as to ensure that national policies and the Union's
policy are mutually consistent.
2. In close cooperation with the Member States, the Commission may take any
useful initiative to promote the coordination referred to in paragraph 1,
in particular initiatives aiming at the
establishment of guidelines and indicators, the organisation of exchange
of best practice, and the preparation of the necessary elements for periodic
monitoring and evaluation. The European
Parliament shall be kept fully informed.
Article III-251
1. European laws shall establish a multiannual framework programme, setting
out all the activities financed by the Union. Such laws shall be adopted
after consultation of the Economic and Social
Committee.
The framework programme shall:
(a) establish the scientific and technological objectives to be achieved
by the activities provided for in Article III-249 and lay down the relevant
priorities;
(b) indicate the broad lines of such activities;
(c) lay down the maximum overall amount and the detailed rules for the Union's
financial participation in the framework programme and the respective shares
in each of the activities
provided for.
2. The multiannual framework programme shall be adapted or supplemented as
the situation changes.
3. A European law of the Council shall establish specific programmes to implement
the multiannual framework programme within each activity. Each specific programme
shall define the
detailed rules for implementing it, fix its duration and provide for the
means deemed necessary. The sum of the amounts deemed necessary, fixed in
the specific programmes, shall not exceed the overall
maximum amount fixed for the framework programme and each activity. Such
a law shall be adopted after consulting the European Parliament and the Economic
and Social Committee.
4. As a complement to the activities planned in the multiannual framework
programme, European laws shall establish the measures necessary for the implementation
of the European research area.
Such laws shall be adopted after consulting the Economic and Social Committee.
Article III-252
1. For the implementation of the multiannual framework programme, European
laws or framework laws shall establish:
(a) the rules for the participation of undertakings, research centres and
universities; (b) the rules governing the dissemination of research results.
Such European laws or framework laws shall be adopted after consultation
of the Economic and
Social Committee.
2. In implementing the multiannual framework programme, European laws may
establish supplementary programmes involving the participation of certain
Member States only, which shall
finance them subject to possible participation by the Union.
Such European laws shall determine the rules applicable to supplementary
programmes, particularly as regards the dissemination of knowledge as well
as access by other Member States. They shall be
adopted after consultation of the Economic and Social Committee and with
the agreement of the Member States concerned.
3. In implementing the multiannual framework programme, European laws may
make provision, in agreement with the Member States concerned, for participation
in research and development
programmes undertaken by several Member States, including participation in
the structures created for the execution of those programmes.
Such European laws shall be adopted after consultation of the Economic and
Social Committee.
4. In implementing the multiannual framework programme
the Union may make provision for
cooperation in the Union's research, technological development and demonstration
with third countries or international organisations.
The detailed arrangements for such cooperation may be the subject of agreements
between the Union and the third parties concerned.
Article III-253
The Council, on a proposal from the Commission, may adopt European regulations
or decisions to set up joint undertakings or any other structure necessary
for the efficient execution of the Union's
research, technological development and demonstration programmes. It shall
act after consulting the European Parliament and the Economic and Social
Committee.
Article III-254
1. To promote scientific and technical progress, industrial competitiveness
and the implementation of its policies, the Union shall draw up a European
space policy. To this end, it may promote joint
initiatives, support research and technological development and coordinate
the efforts needed for the exploration and exploitation of space.
2. To contribute
to attaining the objectives referred to in paragraph 1, European laws or
framework laws shall establish the necessary measures, which may take the
form of a European space
programme.
3. The Union shall establish any appropriate relations with the European
Space Agency.
Article III-255
At the beginning of each year the Commission shall send a report to the European
Parliament and the Council. The report shall include information on activities
relating to research, technological
development and the dissemination of results during the previous year, and
the work programme for the current year.
SECTION 10
ENERGY
Article III-256
1. In the context of the establishment and functioning of the internal market
and with regard for the need to preserve and improve the environment, Union
policy on energy shall aim to:
(a) ensure the functioning of the energy market;
(b) ensure security of energy supply in the Union, and
(c) promote energy efficiency and energy saving and the development of new
and renewable forms of energy.
2. Without prejudice to the application of other provisions of the Constitution,
the objectives in paragraph 1 shall be achieved by measures enacted in European
laws or framework laws. Such laws
or framework laws shall be adopted after consultation of the Committee of
the Regions and the Economic and Social Committee.
Such European laws or framework laws shall not affect a Member State's right
to determine the conditions for exploiting its energy resources, its choice
between different energy sources and the
general structure of its energy supply, without prejudice to Article III-234(2)(c).
3. By way of derogation from paragraph 2, a European law or framework law
of the Council shall establish the measures referred to therein when they
are primarily of a fiscal nature. The Council shall
act unanimously after consulting the European Parliament.
CHAPTER IV
AREA OF FREEDOM, SECURITY AND JUSTICE
SECTION 1
GENERAL PROVISIONS
Article III-257
1. The Union shall constitute an area of freedom, security and justice with respect for fundamental
rights and the different legal systems and traditions of the Member States.
2. It shall ensure the absence of internal border controls for persons and shall frame a
common policy on asylum, immigration and external border control, based on solidarity between
Member States, which is fair towards third-country nationals. For the purpose of this Chapter,
stateless persons shall be treated as third-country nationals.
3. The Union shall endeavour to ensure a high level of security through measures to prevent and
combat crime, racism and xenophobia, and through measures for coordination and cooperation
between police and judicial authorities and other competent authorities, as well as through the
mutual recognition of judgments in criminal matters and, if necessary, through the approximation of
criminal laws.
4. The Union shall facilitate access to justice, in particular through the principle of mutual
recognition of judicial and extrajudicial decisions in civil matters.
Article III-258
The European Council shall define the strategic guidelines for legislative and operational planning
within the area of freedom, security and justice.
Article III-259
National Parliaments shall ensure that the proposals and legislative initiatives submitted under
Sections 4 and 5 of this Chapter comply with the principle of subsidiarity, in accordance with the
arrangements laid down by the Protocol on the application of the principles of subsidiarity and
proportionality.
Article III-260
Without prejudice to Articles III-360 to III-362, the Council may, on a proposal from the
Commission, adopt European regulations or decisions laying down the arrangements whereby
Member States, in collaboration with the Commission, conduct objective and impartial evaluation of
the implementation of the Union policies referred to in this Chapter by Member States' authorities, in
particular in order to facilitate full application of the principle of mutual recognition. The
European Parliament and national Parliaments shall be informed of the content and results of the
evaluation.
Article III-261
A standing committee shall be set up within the Council in order to ensure that operational
cooperation on internal security is promoted and strengthened within the Union. Without prejudice
to Article III-344, it shall facilitate coordination of the action of Member States' competent
authorities. Representatives of the Union bodies, offices and agencies concerned may be involved in
the proceedings of this committee. The European Parliament and national Parliaments shall be kept
informed of the proceedings.
Article III-262
This Chapter shall not affect the exercise of the responsibilities incumbent upon Member States with
regard to the maintenance of law and order and the safeguarding of internal security.
Article III-263
The Council shall adopt European regulations to ensure administrative cooperation between the
relevant departments of the Member States in the areas covered by this Chapter, as well as between
those departments and the Commission. It shall act on a Commission proposal, subject to Article III-264,
and after consulting the European Parliament.
Article III-264
The acts referred to in Sections 4 and 5, together with the European regulations referred to in
Article III-263 which ensure administrative cooperation in the areas covered by these Sections, shall
be adopted:
(a) on a proposal from the Commission, or
(b) on the initiative of a quarter of the Member States.
SECTION 2
POLICIES ON BORDER CHECKS,
ASYLUM AND IMMIGRATION
Article III-265
1. The Union shall develop a policy with a view to:
(a) ensuring the absence of any controls on persons, whatever their nationality, when crossing
internal borders;
(b) carrying out checks on persons and efficient monitoring of the crossing of external borders;
(c) the gradual introduction of an integrated management system for external borders.
2. For the purposes of paragraph 1, European laws or framework laws shall establish measures
concerning:
(a) the common policy on visas and other short-stay residence permits;
(b) the checks to which persons crossing external borders are subject;
(c) the conditions under which nationals of third countries shall have the freedom to travel within
the Union for a short period;
(d) any measure necessary for the gradual establishment of an integrated management system for
external borders;
(e) the absence of any controls on persons, whatever their nationality, when crossing internal
borders.
3. This Article shall not affect the competence of the Member States concerning the geographical
demarcation of their borders, in accordance with international law.
Article III-266
1. The Union shall develop a common policy on asylum, subsidiary protection and temporary
protection with a view to offering appropriate status to any third-country national requiring
international protection and ensuring compliance with the principle of non-refoulement. This policy
must be in accordance with the Geneva Convention of 28 July 1951 and the Protocol of 31 January
1967 relating to the status of refugees, and other relevant treaties.
2. For the purposes of paragraph 1, European laws or framework laws shall lay down measures for
a common European asylum system comprising:
(a) a uniform status of asylum for nationals of third countries, valid throughout the Union;
(b) a uniform status of subsidiary protection for nationals of third countries who, without obtaining
European asylum, are in need of international protection;
(c) a common system of temporary protection for displaced persons in the event of a massive
inflow;
(d) common procedures for the granting and withdrawing of uniform asylum or subsidiary
protection status;
(e) criteria and mechanisms for determining which Member State is responsible for considering an
application for asylum or subsidiary protection;
(f) standards concerning the conditions for the reception of applicants for asylum or subsidiary
protection;
(g) partnership and cooperation with third countries for the purpose of managing inflows of people
applying for asylum or subsidiary or temporary protection.
3. In the event of one or more Member States being confronted by an emergency situation
characterised by a sudden inflow of nationals of third countries, the Council, on a proposal from the
Commission, may adopt European regulations or decisions comprising provisional measures for the
benefit of the Member State(s) concerned. It shall act after consulting the European Parliament.
Article III-267
1. The Union shall develop a common immigration policy aimed at ensuring, at all stages, the
efficient management of migration flows, fair treatment of third-country nationals residing legally in
Member States, and the prevention of, and enhanced measures to combat, illegal immigration and
trafficking in human beings.
2. For the purposes of paragraph 1, European laws or framework laws shall establish measures in
the following areas:
(a) the conditions of entry and residence, and standards on the issue by Member States of long-term
visas and residence permits, including those for the purpose of family reunion;
(b) the definition of the rights of third-country nationals residing legally in a Member State,
including the conditions governing freedom of movement and of residence in other
Member States;
(c) illegal immigration and unauthorised residence, including removal and repatriation of persons
residing without authorisation;
(d) combating trafficking in persons, in particular women and children.
3. The Union may conclude agreements with third countries for the readmission to their countries
of origin or provenance of third-country nationals who do not or who no longer fulfil the conditions
for entry, presence or residence in the territory of one of the Member States.
4. European laws or framework laws may establish measures to provide incentives and support for
the action of Member States with a view to promoting the integration of third-country nationals
residing legally in their territories, excluding any harmonisation of the laws and regulations of the
Member States.
5. This Article shall not affect the right of Member States to determine volumes of admission of
third-country nationals coming from third countries to their territory in order to seek work, whether
employed or self-employed.
Article III-268
The policies of the Union set out in this Section and their implementation shall be governed by the
principle of solidarity and fair sharing of responsibility, including its financial implications, between
the Member States. Whenever necessary, the Union acts adopted pursuant to this Section shall
contain appropriate measures to give effect to this principle.
SECTION 3
JUDICIAL COOPERATION IN CIVIL MATTERS
Article III-269
1. The Union shall develop judicial cooperation in civil matters having cross-border implications,
based on the principle of mutual recognition of judgments and decisions in extrajudicial cases. Such
cooperation may include the adoption of measures for the approximation of the laws and regulations
of the Member States.
2. For the purposes of paragraph 1, European laws or framework laws shall establish measures,
particularly when necessary for the proper functioning of the internal market, aimed at ensuring:
(a) the mutual recognition and enforcement between Member States of judgments and decisions in
extrajudicial cases;
(b) the cross-border service of judicial and extrajudicial documents;
(c) the compatibility of the rules applicable in the Member States concerning conflict of laws and of
jurisdiction;
(d) cooperation in the taking of evidence;
(e) effective access to justice;
(f) the elimination of obstacles to the proper functioning of civil proceedings, if necessary by
promoting the compatibility of the rules on civil procedure applicable in the Member States;
(g) the development of alternative methods of dispute settlement;
(h) support for the training of the judiciary and judicial staff.
3. Notwithstanding paragraph 2, a European law or framework law of the Council shall establish
measures concerning family law with cross-border implications. The Council shall act unanimously
after consulting the European Parliament.
The Council, on a proposal from the Commission, may adopt a European decision determining those
aspects of family law with cross-border implications which may be the subject of acts adopted by the
ordinary legislative procedure. The Council shall act unanimously after consulting the
European Parliament.
SECTION 4
JUDICIAL COOPERATION IN CRIMINAL MATTERS
Article III-270
1. Judicial cooperation in criminal matters in the Union shall be based on the principle of mutual
recognition of judgments and judicial decisions and shall include the approximation of the laws and
regulations of the Member States in the areas referred to in paragraph 2 and in Article III-271.
European laws or framework laws shall establish measures to:
(a) lay down rules and procedures for ensuring recognition throughout the Union of all forms of
judgments and judicial decisions;
(b) prevent and settle conflicts of jurisdiction between Member States;
(c) support the training of the judiciary and judicial staff;
(d) facilitate cooperation between judicial or equivalent authorities of the Member States in relation
to proceedings in criminal matters and the enforcement of decisions.
2. To the extent necessary to facilitate mutual recognition of judgments and judicial decisions and
police and judicial cooperation in criminal matters having a cross-border dimension, European
framework laws may establish minimum rules. Such rules shall take into account the differences
between the legal traditions and systems of the Member States.
They shall concern:
(a) mutual admissibility of evidence between Member States;
(b) the rights of individuals in criminal procedure;
(c) the rights of victims of crime;
(d) any other specific aspects of criminal procedure which the Council has identified in advance by a
European decision; for the adoption of such a decision, the Council shall act unanimously after
obtaining the consent of the European Parliament.
Adoption of the minimum rules referred to in this paragraph shall not prevent Member States from
maintaining or introducing a higher level of protection for individuals.
3. Where a
member of the Council considers that a draft European framework law as referred
to in paragraph 2 would affect fundamental aspects of its criminal justice
system, it may request that the
draft framework law be referred to the European Council. In that case, the
procedure referred to in Article III-396 shall be suspended. After discussion,
the European Council shall, within four months
of this suspension, either:
(a) refer the draft back to the Council, which shall terminate the suspension
of the procedure referred to in Article III-396, or
(b) request the Commission or the group of Member States from which the draft
originates to submit a new draft; in that case, the act originally proposed
shall be deemed not to have been
adopted.
4. If, by the end of the period referred to in paragraph 3, either no action
has been taken by the European Council or if, within 12 months from the submission
of a new draft under paragraph 3(b),
the European framework law has not been adopted, and at least one third of
the Member States wish to establish enhanced cooperation on the basis of
the draft framework law concerned, they shall
notify the European Parliament, the Council and the Commission accordingly.
In such a case, the authorisation to proceed with enhanced cooperation referred
to in Articles I-44(2) and III-419(1) shall be deemed to be granted and the
provisions on enhanced cooperation shall apply.
Article III-271
1. European framework laws may establish minimum rules concerning the definition
of criminal offences and sanctions in the areas of particularly serious crime
with a cross-border dimension
resulting from the nature or impact of such offences or from a special need
to combat them on a common basis.
These areas of crime are the following: terrorism, trafficking in human beings
and sexual exploitation of women and children, illicit drug trafficking,
illicit arms trafficking, money laundering, corruption,
counterfeiting of means of payment, computer crime and organised crime.
On the basis of developments in crime, the Council may adopt a European decision
identifying other areas of crime that meet the criteria specified in this
paragraph. It shall act unanimously after
obtaining the consent of the European Parliament.
2. If the approximation of criminal laws and regulations of the Member States
proves essential to ensure the effective implementation of a Union policy
in an area which has been subject to
harmonisation measures, European framework laws may establish minimum rules
with regard to the definition of criminal offences and sanctions in the area
concerned. Such framework laws shall be
adopted by the same procedure as was followed for the adoption of the harmonisation
measures in question, without prejudice to Article III-264.
3. Where
a member of the Council considers that a draft European framework law as
referred
to in paragraph 1 or 2 would affect fundamental aspects of its criminal justice
system, it may request that
the draft framework law be referred to the European Council. In that case,
where the procedure referred to in Article III-396 is applicable, it shall
be suspended. After discussion, the European
Council shall, within four months of this suspension, either:
(a) refer the draft back to the Council, which shall terminate the suspension
of the procedure referred to in Article III-396 where it is applicable, or
(b) request the Commission or the group of Member States from which the draft
originates to
submit a new draft; in that case, the act originally proposed shall be deemed
not to have been adopted.
4. If, by the end of the period referred to in paragraph 3, either no action
has been taken by the European Council or if, within 12 months from the submission
of a new draft under paragraph 3(b),
the European framework law has not been adopted, and at least one third of
the Member States wish to establish enhanced cooperation on the basis of
the draft framework law concerned, they shall
notify the European Parliament, the Council and the Commission accordingly.
In such a case, the authorisation to proceed with enhanced cooperation referred
to in Articles I-44(2) and III-419(1) shall be deemed to be granted and the
provisions on enhanced cooperation shall apply.
Article III-272
European laws or framework laws may establish measures to promote and support
the action of Member States in the field of crime prevention, excluding any
harmonisation of the laws and
regulations of the Member States.
Article III-273
1. Eurojust's mission shall be to support and strengthen coordination and
cooperation between national investigating and prosecuting authorities in
relation to serious crime affecting two or more
Member States or requiring a prosecution on common bases, on the basis of
operations conducted and information supplied by the Member States' authorities
and by Europol.
In this context, European laws shall determine Eurojust's structure, operation,
field of action and tasks. Those tasks may include:
(a) the initiation of criminal investigations, as well as proposing the initiation
of prosecutions, conducted by competent national authorities, particularly
those relating to offences against the
financial interests of the Union;
(b) the coordination of investigations and prosecutions referred to in point
(a); (c) the strengthening of judicial cooperation, including by resolution
of conflicts of jurisdiction and
by close cooperation with the European Judicial Network.
European laws shall also determine arrangements for involving the European
Parliament and national Parliaments in the evaluation of Eurojust's activities.
2. In the
prosecutions referred to in paragraph 1, and without prejudice to Article
III-274, formal acts of judicial procedure shall be carried out by the competent
national officials.
Article III-274
1. In order to combat crimes affecting the financial interests of the Union,
a European law of the Council may establish a European Public Prosecutor's
Office from Eurojust. The Council shall act
unanimously after obtaining the consent of the European Parliament.
2. The European Public Prosecutor's Office shall be responsible for investigating,
prosecuting and bringing to judgment, where appropriate in liaison with Europol,
the perpetrators of, and
accomplices in, offences against the Union's financial interests, as determined
by the European law provided for in paragraph 1. It shall exercise the functions
of prosecutor in the competent courts of
the Member States in relation to such offences.
3. The European law referred to in paragraph 1 shall determine the general
rules applicable to the European Public Prosecutor's Office, the conditions
governing the performance of its functions, the
rules of procedure applicable to its activities, as well as those governing
the admissibility of evidence, and the rules applicable to the judicial review
of procedural measures taken by it in the performance
of its functions.
4. The European Council may, at the same time or subsequently, adopt a European
decision amending paragraph 1 in order to extend the powers of the European
Public Prosecutor's Office to
include serious crime having a cross-border dimension and amending accordingly
paragraph 2 as regards the perpetrators of, and accomplices in, serious crimes
affecting more than one Member
State. The European Council shall act unanimously after obtaining the consent
of the European Parliament and after consulting the Commission.
SECTION 5
POLICE COOPERATION
Article III-275
1. The Union shall establish police cooperation involving all the Member
States' competent authorities, including police, customs and other specialised
law enforcement services in relation to
the prevention, detection and investigation of criminal offences.
2. For the purposes of paragraph 1, European laws or framework laws may establish
measures concerning:
(a) the collection, storage, processing, analysis and exchange of relevant
information; (b) support for the training of staff, and cooperation on the
exchange of staff, on equipment and on
research into crime-detection;
(c) common investigative techniques in relation to the detection of serious
forms of organised crime.
3. A European
law or framework law of the Council may establish measures concerning operational
cooperation between the authorities referred to in this Article. The Council
shall act
unanimously after consulting the European Parliament.
Article III-276
1. Europol's mission shall be to support and strengthen action by the Member
States' police authorities and other law enforcement services and their mutual
cooperation in preventing and
combating serious crime affecting two or more Member States, terrorism and
forms of crime which affect a common interest covered by a Union policy.
2. European laws shall determine Europol's structure, operation, field of
action and tasks. These tasks may include:
(a) the collection, storage, processing, analysis and exchange of information
forwarded particularly by the authorities of the Member States or third countries
or bodies;
(b) the coordination, organisation and implementation of investigative and
operational action carried out jointly with the Member States' competent
authorities or in the context of joint
investigative teams, where appropriate in liaison with Eurojust.
European laws shall also lay down the procedures for scrutiny of Europol's
activities by the European Parliament, together with national Parliaments.
3. Any operational action by Europol must be carried out in liaison and in
agreement with the
authorities of the Member State or States whose territory is concerned. The
application of coercive measures shall be the exclusive responsibility of
the competent national authorities.
Article III-277
A European law or framework law of the Council shall lay down the conditions
and limitations under which the competent authorities of the Member States
referred to in Articles III-270 and III-275 may
operate in the territory of another Member State in liaison and in agreement
with the authorities of that State. The Council shall act unanimously after
consulting the European Parliament.
CHAPTER V
AREAS WHERE THE UNION MAY
TAKE COORDINATING,
COMPLEMENTARY OR SUPPORTING ACTION
SECTION 1
PUBLIC HEALTH
Article III-278
1. A high level of human health protection shall be ensured in the definition and implementation of
all the Union's policies and activities.
Action by the Union, which shall complement national policies, shall be directed towards improving
public health, preventing human illness and diseases, and obviating sources of danger to physical and
mental health. Such action shall cover:
(a) the fight against the major health scourges, by promoting research into their causes, their
transmission and their prevention, as well as health information and education;
(b) monitoring, early warning of and combating serious cross-border threats to health.
The Union shall complement the Member States' action in reducing drug-related health damage,
including information and prevention.
2. The Union shall encourage cooperation between the Member States in the areas referred to in
this Article and, if necessary, lend support to their action. It shall in particular encourage cooperation
between the Member States to improve the complementarity of their health services in cross-border
areas.
Member States shall, in liaison with the Commission, coordinate among themselves their policies and
programmes in the areas referred to in paragraph 1. The Commission may, in close contact with the
Member States, take any useful initiative to promote such coordination, in particular initiatives
aiming at the establishment of guidelines and indicators, the organisation of exchange of best
practice, and the preparation of the necessary elements for periodic monitoring and evaluation. The
European Parliament shall be kept fully informed.
3. The Union and the Member States shall foster cooperation with third countries
and the competent international organisations in the sphere of public health.
4. By way of derogation from Article I-12(5) and Article I-17(a) and in accordance with Article I-14
(2)(k), European laws or framework laws shall contribute to the achievement of the objectives
referred to in this Article by establishing the following measures in order to meet common safety
concerns:
(a) measures setting high standards of quality and safety of organs and substances of human origin,
blood and blood derivatives; these measures shall not prevent any Member State from
maintaining or introducing more stringent protective measures;
(b) measures in the veterinary and phytosanitary fields which have as their direct objective the
protection of public health;
(c) measures setting high standards of quality and safety for medicinal products and devices for
medical use;
(d) measures concerning monitoring, early warning of and combating serious cross-border threats to
health.
Such European laws or framework laws shall be adopted after consultation of the Committee of the
Regions and the Economic and Social Committee.
5. European laws or framework laws may also establish incentive measures designed to protect and
improve human health and in particular to combat the major cross-border health scourges, as well as
measures which have as their direct objective the protection of public health regarding tobacco and
the abuse of alcohol, excluding any harmonisation of the laws and regulations of the Member States.
They shall be adopted after consultation of the Committee of the Regions and the Economic and
Social Committee.
6. For the purposes of this Article, the Council, on a proposal from the Commission, may also
adopt recommendations.
7. Union action shall respect the responsibilities of the Member States for the definition of their
health policy and for the organisation and delivery of health services and medical care. The
responsibilities of the Member States shall include the management of health services and medical
care and the allocation of the resources assigned to them. The measures referred to in paragraph 4(a)
shall not affect national provisions on the donation or medical use of organs and blood.
SECTION 2
INDUSTRY
Article III-279
1. The Union and the Member States shall ensure that the conditions necessary for the
competitiveness of the Union's industry exist.
For that purpose, in accordance with a system of open and competitive markets, their action shall be
aimed at:
(a) speeding up the adjustment of industry to structural changes;
(b) encouraging an environment favourable to initiative and to the development of undertakings
throughout the Union, particularly small and medium-sized undertakings;
(c) encouraging an environment favourable to cooperation between undertakings;
(d) fostering better exploitation of the industrial potential of policies of innovation, research and
technological development.
2. The Member States shall consult each other in liaison with the Commission and, where
necessary, shall coordinate their action. The Commission may take any useful initiative to promote
such coordination, in particular initiatives aiming at the establishment of guidelines and indicators,
the organisation of exchange of best practice, and the preparation of the necessary elements for
periodic monitoring and evaluation. The European Parliament shall be kept fully informed.
3. The Union shall contribute to the achievement of the objectives set out in paragraph 1 through
the policies and activities it pursues under other provisions of the Constitution. European laws or
framework laws may establish specific measures in support of action taken in the Member States to
achieve the objectives set out in paragraph 1, excluding any harmonisation of the laws and
regulations of the Member States. They shall be adopted after consultation of the Economic and
Social Committee.
This Section shall not provide a basis for the introduction by the Union of any measure which could
lead to distortion of competition or contains tax provisions or provisions relating to the rights and
interests of employed persons.
SECTION 3
CULTURE
Article III-280
1. The Union shall contribute to the flowering of the cultures of the Member States, while
respecting their national and regional diversity and at the same time bringing the common cultural
heritage to the fore.
2. Action by the Union shall be aimed at encouraging cooperation between Member States and,
if necessary, supporting and complementing their action in the following areas:
(a) improvement of the knowledge and dissemination of the culture and history of the European
peoples;
(b) conservation and safeguarding of cultural heritage of European significance;
(c) non-commercial cultural exchanges;
(d) artistic and literary creation, including in the audiovisual sector.
3. The Union and the Member States shall foster cooperation with third countries and the
competent international organisations in the sphere of culture, in particular the Council of Europe.
4. The Union shall take cultural aspects into account in its action under other provisions of the
Constitution, in particular in order to respect and to promote the diversity of its cultures.
5. In order to contribute to the achievement of the objectives referred to in this Article:
(a) European laws or framework laws shall establish incentive measures, excluding any
harmonisation of the laws and regulations of the Member States. They shall be adopted after
consultation of the Committee of the Regions;
(b) the Council, on a proposal from the Commission, shall adopt recommendations.
SECTION 4
TOURISM
Article III-281
1. The Union shall complement the action of the Member States in the tourism
sector, in particular by promoting the competitiveness of Union undertakings
in that sector.
To that end, Union action shall be aimed at:
(a) encouraging the creation of a favourable environment for the development
of undertakings in this sector;
(b) promoting cooperation between the Member States, particularly by the
exchange of good practice;
2. European laws or framework laws shall establish specific measures to complement
actions within the Member States to achieve the objectives referred to in
this Article, excluding any harmonisation of the laws and regulations of the
Member States.