TREATY ESTABLISHING A CONSTITUTION FOR EUROPE
Protocols annexed to the Treaty establishing a Constitution for
Europe
10. PROTOCOL ON THE EXCESSIVE DEFICIT PROCEDURE
THE HIGH CONTRACTING PARTIES,
DESIRING to lay down the details of the excessive deficit procedure referred
to in Article III-184 of the Constitution,
HAVE AGREED upon the following provisions, which shall be annexed to the Treaty
establishing a Constitution for Europe:
Article 1
The reference values referred to in Article III-184(2) of the Constitution are:
(a) 3 % for the ratio of the planned or actual government deficit to gross domestic
product at market prices;
(b) 60 % for the ratio of government debt to gross domestic product at market
prices.
Article 2
For the purposes of Article III-184 of the Constitution and of this Protocol:
(a) 'government' means general government, that is central government, regional
or local government and social security funds, to the exclusion of commercial
operations, as defined
in the European System of Integrated Economic Accounts;
(b) 'deficit' means net borrowing as defined in the European System of Integrated
Economic
Accounts;
(c) 'investment'means gross fixed capital formation as defined in the European
System of Integrated
Economic Accounts;
(d) 'debt'means total gross debt at nominal value outstanding at the end of the
year and consolidated between and within the sectors of general government as
defined in point (a).
Article 3
In order to ensure the effectiveness of the excessive deficit procedure, the
governments of the Member States shall be responsible under this procedure for
the deficits of general government as
defined in Article 2(a). The Member States shall ensure that national procedures
in the budgetary area enable them to meet their obligations in this area deriving
from the Constitution. The Member States
shall report their planned and actual deficits and the levels of their debt promptly
and regularly to the Commission.
Article 4
The statistical data to be used for the application of this Protocol shall be
provided by the
Commission.
11. PROTOCOL ON THE CONVERGENCE CRITERIA
THE HIGH CONTRACTING PARTIES,
DESIRING to lay down the details of the convergence criteria which shall guide the Union in taking decisions referred to
in Article III-198 of the Constitution to end the derogations of those Member States with a derogation,
HAVE AGREED upon the following provisions, which shall be annexed to the Treaty establishing a Constitution for
Europe:
Article 1
The criterion on price stability referred to in Article III-198(1)(a) of the Constitution shall mean that
the Member State concerned has a price performance that is sustainable and an average rate of
inflation, observed over a period of one year before the examination, that does not exceed by more
than 1,5 percentage points that of, at most, the three best performing Member States in terms of
price stability. Inflation shall be measured by means of the consumer price index on a comparable
basis, taking into account differences in national definitions.
Article 2
The criterion on the government budgetary position referred to in Article III-198(1)(b) of the
Constitution shall mean that at the time of the examination the Member State concerned is not the
subject of a European decision of the Council under Article III-184(6) of the Constitution that an
excessive deficit exists.
Article 3
The criterion on participation in the exchange-rate mechanism of the European Monetary System
referred to in Article III-198(1)(c) of the Constitution shall mean that the Member State concerned
has respected the normal fluctuation margins provided for by the exchange-rate mechanism of the
European Monetary System without severe tensions for at least the last two years before the
examination. In particular, the Member State shall not have devalued its currency's bilateral central
rate against the euro on its own initiative for the same period.
Article 4
The criterion on the convergence of interest rates referred to in Article III-198(1)(d)
of the Constitution shall mean that, observed over a period of one year before
the examination, the Member
State concerned has had an average nominal long-term interest rate that does
not exceed by more than 2 percentage points that of, at most, the three best
performing Member States in terms of price
stability. Interest rates shall be measured on the basis of long-term government
bonds or comparable
securities, taking into account differences in national definitions.
Article 5
The statistical data to be used for the application of this Protocol shall be provided by the
Commission.
Article 6
The Council shall, acting unanimously on a proposal from the Commission and after
consulting the European Parliament, the European Central Bank, and the Economic
and Financial Committee
referred to in Article III-192 of the Constitution, adopt appropriate provisions
to lay down the details of the convergence criteria referred to in Article III-198
of the Constitution, which shall then replace
this Protocol.
12. PROTOCOL ON THE EURO GROUP
THE HIGH CONTRACTING PARTIES,
DESIRING to promote conditions for stronger economic growth in the European Union and, to that end, to develop
ever-closer coordination of economic policies within the euro area,
CONSCIOUS of the need to lay down special provisions for enhanced dialogue between the Member States whose
currency is the euro, pending the euro becoming the currency of all Member States of the Union,
HAVE AGREED upon the following provisions, which are annexed to the Treaty establishing a Constitution for Europe:
Article 1
The Ministers of the Member States whose currency is the euro shall meet informally. Such meetings
shall take place, when necessary, to discuss questions related to the specific responsibilities they share
with regard to the single currency. The Commission shall take part in the meetings. The
European Central Bank shall be invited to take part in such meetings, which shall be prepared by the
representatives of the Ministers with responsibility for finance of the Member States whose currency
is the euro and of the Commission.
Article 2
The Ministers of the Member States whose currency is the euro shall elect a president
for two and a
half years, by a majority of those Member States.
13. PROTOCOL ON CERTAIN PROVISIONS RELATING TO THE UNITED KINGDOM
OF GREAT BRITAIN AND NORTHERN IRELAND AS REGARDS ECONOMIC
AND MONETARY UNION
THE HIGH CONTRACTING PARTIES,
RECOGNISING that the United Kingdom shall not be obliged or committed to adopt the euro without a separate
decision to do so by its government and Parliament;
GIVEN that on 16 October 1996 and 30 October 1997 the United Kingdom government notified the Council of its
intention not to participate in the third stage of economic and monetary union, under the terms of paragraph 1 of the
Protocol on certain provisions relating to the United Kingdom of Great Britain and Northern Ireland, annexed to the
Treaty establishing the European Community;
NOTING the practice of the government of the United Kingdom to fund its borrowing requirement by the sale of debt
to the private sector,
HAVE AGREED upon the following provisions, which shall be annexed to the Treaty establishing a Constitution for
Europe:
Article 1
Unless the United Kingdom notifies the Council that it intends to adopt the euro, it shall be under no
obligation to do so.
Article 2
In view of the notice given to the Council by the United Kingdom government on 16 October 1996
and 30 October 1997, Articles 3 to 8 and 10 shall apply to the United Kingdom.
Article 3
The United Kingdom shall retain its powers in the field of monetary policy according to national law.
Article 4
Articles I-30(2), with the exception of the first and last sentences thereof,
I-30(5), III-177, second paragraph, III-184(1), (9) and (10), III-185(1) to (5),
III-186, III-188, III-189, III-190, III-191, III-196,
III-198(3), III-326 and III-382 of the Constitution shall not apply to the United
Kingdom. The same applies to Article III-179(2) of the Constitution as regards
the adoption of the parts of the broad
economic policy guidelines which concern the euro area generally.
In the provisions referred to in the first paragraph, references to the Union
or the Member States shall not include the United Kingdom and references to national
central banks shall not include the Bank
of England.
Article 5
The United Kingdom shall endeavour to avoid an excessive government deficit.
Articles III-192(4) and III-200 of the Constitution shall apply to the United Kingdom as if it had a
derogation. Articles III-201 and III-202 of the Constitution shall continue to apply to the
United Kingdom.
Article 6
The voting rights of the United Kingdom shall be suspended for the adoption by the Council of the
measures referred to in the Articles listed in Article 4 and in the instances referred to in the first
subparagraph of Article III-197(4) of the Constitution. For this purpose the second and third
subparagraphs of Article III-197(4) of the Constitution shall apply.
The United Kingdom shall also have no right to participate in the appointment of the President, the
Vice-President and the other members of the Executive Board of the European Central Bank under
the second, third and fourth subparagraphs of Article III-382(2) of the Constitution.
Article 7
Articles 3, 4, 6, 7, 9(2), 10(1), (2) and (3), 11(2), 12(1), 14, 16, 18, 19, 20, 22, 23, 26, 27, 30, 31, 32,
33, 34 and 50 of the Protocol on the Statute of the European System of Central Banks and of the
European Central Bank (the ' Statute' ) shall not apply to the United Kingdom.
In those Articles, references to the Union or the Member States shall not include the United Kingdom
and references to national central banks or shareholders shall not include the Bank of England.
References in Articles 10(3) and 30(2) of the Statute to ' subscribed capital of the European Central
Bank' shall not include capital subscribed by the Bank of England.
Article 8
Article III-199 of the Constitution and Articles 43 to 47 of the Statute shall
have effect, whether or not there is any Member State with a derogation, subject
to the following amendments:
(a) References in Article 43 of the Statute to the tasks of the European Central
Bank and the European Monetary Institute shall include those tasks that still
need to be performed after the
introduction of the euro owing to the decision of the United Kingdom not to adopt
the euro. (b) In addition to the tasks referred to in Article 46 of the Statute,
the European Central Bank shall
also give advice in relation to and contribute to the preparation of any European
regulation or any European decision of the Council with regard to the United
Kingdom taken in accordance
with Article 9(a) and (c) of this Protocol.
(c) The Bank of England shall pay up its subscription to the capital of the European
Central Bank as a contribution to its operational costs on the same basis as
national central banks of Member States
with a derogation.
Article 9
The United Kingdom may notify the Council at any time of its intention to adopt the euro. In that
event:
(a) The United Kingdom shall have the right to adopt the euro provided only that it satisfies the
necessary conditions. The Council, acting at the request of the United Kingdom and under the
conditions and in accordance with the procedure laid down in Article III-198(1) and (2) of the
Constitution, shall decide whether it fulfils the necessary conditions.
(b) The Bank of England shall pay up its subscribed capital, transfer to the European Central Bank
foreign reserve assets and contribute to its reserves on the same basis as the national central bank
of a Member State whose derogation has been abrogated.
(c) The Council, acting under the conditions and in accordance with the procedure laid down in
Article III-198(3) of the Constitution, shall take all other necessary decisions to enable the
United Kingdom to adopt the euro.
If the United Kingdom adopts the euro pursuant to the provisions of this Article, Articles 3 to 8 shall
cease to have effect.
Article 10
Notwithstanding Article III-181 of the Constitution and Article 21(1) of the
Statute, the Government of the United Kingdom may maintain its ' ways and means'
facility with the Bank of England if and so
long as the United Kingdom does not adopt the euro.
14. PROTOCOL ON CERTAIN PROVISIONS RELATING TO DENMARK AS REGARDS
ECONOMIC AND MONETARY UNION
THE HIGH CONTRACTING PARTIES,
TAKING INTO ACCOUNT that the Danish Constitution contains provisions which may imply a referendum in
Denmark prior to Denmark renouncing its exemption;
GIVEN THAT, on 3 November 1993, the Danish Government notified the Council of its intention not to participate in
the third stage of economic and monetary union, under the terms of paragraph 1 of the Protocol on certain provisions
relating to Denmark, annexed to the Treaty establishing the European Community,
HAVE AGREED upon the following provisions, which shall be annexed to the Treaty establishing a Constitution for
Europe:
Article 1
In view of the notice given to the Council by the Danish Government on 3 November 1993,
Denmark shall have an exemption. The effect of the exemption shall be that all provisions of the
Constitution and the Statute of the European System of Central Banks and the European Central
Bank referring to a derogation shall be applicable to Denmark.
Article 2
As for the abrogation of the exemption, the procedure referred to in Article III-198 of the
Constitution shall only be initiated at the request of Denmark.
Article 3
In the event of abrogation of the exemption status, the provisions of this Protocol
shall cease to
apply.
15. PROTOCOL ON CERTAIN TASKS OF THE NATIONAL BANK OF DENMARK
THE HIGH CONTRACTING PARTIES,
DESIRING to settle certain particular problems relating to Denmark;
HAVE AGREED upon the following provisions, which shall be annexed to the Treaty establishing a Constitution for
Europe:
Sole article
Article 14 of the Protocol on the Statute of the European System of Central Banks
and of the European Central Bank shall not affect the right of the National Bank
of Denmark to carry out its
existing tasks concerning those parts of Denmark which are not part of the Union.
16. PROTOCOL ON THE PACIFIC FINANCIAL COMMUNITY FRANC SYSTEM
THE HIGH CONTRACTING PARTIES,
DESIRING to take into account a particular point relating to France,
HAVE AGREED upon the following provisions, which shall be annexed to the Treaty
establishing a Constitution for Europe:
Sole article
France may keep the privilege of monetary emission in New Caledonia, French Polynesia
and Wallis and Futuna under the terms established by its national laws and
shall be solely entitled to determine
the parity of the Pacific Financial Community franc.
17. PROTOCOL ON THE SCHENGEN ACQUIS INTEGRATED INTO THE FRAMEWORK
OF THE EUROPEAN UNION
THE HIGH CONTRACTING PARTIES,
RECALLING that the provisions of the Schengen acquis consisting of the Agreements on the gradual abolition of checks
at common borders, signed by some Member States of the European Union in Schengen on 14 June 1985 and on
19 June 1990, as well as related agreements and rules adopted on the basis of these agreements, have been integrated
into the framework of the European Union by a Protocol annexed to the Treaty on European Union and to the Treaty
establishing the European Community;
DESIRING to preserve the Schengen acquis, as developed since the entry into force of the abovementioned Protocol,
within the framework of the Constitution, and to develop this acquis in order to contribute towards achieving the
objective of offering citizens of the Union an area of freedom, security and justice without internal borders;
TAKING INTO ACCOUNT the special position of Denmark;
TAKING INTO ACCOUNT the fact that Ireland and the United Kingdom of Great Britain and Northern Ireland do not
participate in all the provisions of the Schengen acquis; provision should, however, be made to allow those Member
States to accept other provisions of this acquis in full or in part;
RECOGNISING that, as a consequence, it is necessary to make use of the provisions of the Constitution concerning
closer cooperation between some Member States;
TAKING INTO ACCOUNT the need to maintain a special relationship with the Republic of Iceland and the Kingdom of
Norway, both States being bound by the provisions of the Nordic passport union, together with the Nordic States which
are members of the European Union;
HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty establishing a Constitution for
Europe,
Article 1
The Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal
Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom
of Spain, the French Republic,
the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic
of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic
of Malta, the Kingdom of the
Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese
Republic, the Republic of Slovenia, the Slovak Republic, the Republic of Finland
and the Kingdom of Sweden shall be
authorised to implement closer cooperation among themselves in areas covered
by provisions defined by the Council which constitute the Schengen acquis. This
cooperation shall be conducted
within the institutional and legal framework of the Union and with respect for
the relevant provisions
of the Constitution.
Article 2
The Schengen acquis shall apply to the Member States referred to in Article 1, without prejudice to
Article 3 of the Protocol on the Treaty and the Act of Accession of the Czech Republic, the Republic
of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of
Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak
Republic. The Council will substitute itself for the Executive Committee established by the Schengen
agreements.
Article 3
The participation of Denmark in the adoption of measures constituting a development of the
Schengen acquis, as well as the implementation of these measures and their application to Denmark,
shall be governed by the relevant provisions of the Protocol on the position of Denmark.
Article 4
Ireland and the United Kingdom of Great Britain and Northern Ireland, may at any time request to
take part in some or all of the provisions of the Schengen acquis.
The Council shall adopt a European decision on this request. It shall act by a unanimous decision of
the members referred to in Article 1 and of the member representing the government of the Member
State concerned.
Article 5
Proposals and initiatives to build upon the Schengen acquis shall be subject to the relevant provisions
of the Constitution.
In this context, where either Ireland or the United Kingdom or both have not notified the President of
the Council in writing within a reasonable period that they wish to take part, the authorisation
referred to in Article III-419(1) of the Constitution shall be deemed to have been granted to the
Member States referred to in Article 1 and to Ireland or the United Kingdom where either of them
wishes to take part in the areas of cooperation in question.
Article 6
The Republic of Iceland and the Kingdom of Norway shall be associated with the
implementation of the Schengen acquis and its further development. Appropriate
procedures shall be agreed to that effect
in an Agreement to be concluded with those States by the Council, acting by the
unanimity of its members mentioned in Article 1. That Agreement shall include
provisions on the contribution of
Iceland and Norway to any financial consequences resulting from the implementation
of this Protocol.
A separate Agreement shall be concluded by the Council, acting unanimously, with
Iceland and Norway for the establishment of rights and obligations between Ireland
and the United Kingdom of
Great Britain and Northern Ireland on the one hand, and Iceland and Norway on
the other, in
domains of the Schengen acquis which apply to these States.
Article 7
For the purposes of the negotiations for the admission of new Member States into
the European Union, the Schengen acquis and further measures adopted by the institutions
within its scope shall be
regarded as an acquis which must be accepted in full by all States candidates
for admission.
18. PROTOCOL ON THE APPLICATION OF CERTAIN ASPECTS OF ARTICLE III-130
OF THE CONSTITUTION TO THE UNITED KINGDOM AND TO IRELAND
THE HIGH CONTRACTING PARTIES,
DESIRING to settle certain questions relating to the United Kingdom and Ireland;
HAVING REGARD to the existence for many years of special travel arrangements between the United Kingdom and
Ireland,
HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty establishing a Constitution for
Europe:
Article 1
The United Kingdom shall be entitled, notwithstanding Articles III-130 and III-265 of the
Constitution, any other provision of the Constitution, any measure adopted under the Constitution,
or any international agreement concluded by the Union or by the Union and its Member States with
one or more third States, to exercise at its frontiers with other Member States such controls on
persons seeking to enter the United Kingdom as it may consider necessary for the purpose:
(a) of verifying the right to enter the United Kingdom of citizens of Member States and of their
dependants exercising rights conferred by Union law, as well as citizens of other States on whom
such rights have been conferred by an agreement by which the United Kingdom is bound; and
(b) of determining whether or not to grant other persons permission to enter the United Kingdom.
Nothing in Articles III-130 and III-265 of the Constitution or in any other provision of the
Constitution or in any measure adopted under it shall prejudice the right of the United Kingdom to
adopt or exercise any such controls. References to the United Kingdom in this Article shall include
territories for whose external relations the United Kingdom is responsible.
Article 2
The United Kingdom and Ireland may continue to make arrangements between themselves relating
to the movement of persons between their territories (äthe Common Travel Areaþ),
while fully respecting the rights of persons referred to in Article 1, first
paragraph, point (a), of this Protocol.
Accordingly, as long as they maintain such arrangements, the provisions of Article
1 of this Protocol shall apply to Ireland under the same terms and conditions
as for the United Kingdom. Nothing in
Articles III-130 and III-265 of the Constitution, in any other provision of the
Constitution or in any
measure adopted under it shall affect any such arrangements.
Article 3
The other Member States shall be entitled to exercise at their frontiers or at any point of entry into
their territory such controls on persons seeking to enter their territory from the United Kingdom or
any territories whose external relations are under its responsibility for the same purposes stated in
Article 1 of this Protocol, or from Ireland as long as the provisions of Article 1 of this Protocol apply
to Ireland.
Nothing in Articles III-130 and III-265 of the Constitution or in any other provision of the
Constitution or in any measure adopted under it shall prejudice the right of the other Member States
to adopt or exercise any such controls.
Article 4
This Protocol shall also apply to acts which remain in force by virtue of Article
IV-438 of the
Constitution.
19. PROTOCOL ON THE POSITION OF THE UNITED KINGDOM AND IRELAND ON POLICIES
IN RESPECT OF BORDER CONTROLS, ASYLUM AND IMMIGRATION, JUDICIAL COOPERATION
IN CIVIL MATTERS AND ON POLICE COOPERATION
THE HIGH CONTRACTING PARTIES,
DESIRING to settle certain questions relating to the United Kingdom and Ireland;
HAVING REGARD to the Protocol on the application of certain aspects of Article III-130 of the Constitution to the
United Kingdom and Ireland,
HAVE AGREED UPON the following provisions which shall be annexed to the Treaty establishing a Constitution for
Europe:
Article 1
Subject to Article 3, the United Kingdom and Ireland shall not take part in the adoption by the
Council of proposed measures pursuant to Section 2 or Section 3 of Chapter IV of Title III of Part III
of the Constitution or to Article III-260 thereof, insofar as that Article relates to the areas covered by
those Sections, to Article III-263 or to Article III-275(2)(a) of the Constitution. The unanimity of the
members of the Council, with the exception of the representatives of the governments of the United
Kingdom and Ireland, shall be necessary for acts of the Council which must be adopted unanimously.
For the purposes of this Article, a qualified majority shall be defined as at least 55 % of the members
of the Council representing the participating Member States, comprising at least 65 % of the
population of these States.
A blocking minority must include at least the minimum number of 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.
By way of derogation from the second and third paragraphs, where the Council does not act on a
proposal from the Commission or from the Union Minister for Foreign Affairs, the required qualified
majority shall be defined as at least 72 % of the members of the Council representing the
participating Member States, comprising at least 65 % of the population of these States.
Article 2
In consequence of Article 1 and subject to Articles 3, 4 and 6, none of the provisions
of Section 2 or Section 3 of Chapter IV of Title III of Part III of the Constitution
or of Article III-260 of the
Constitution, insofar as that Article relates to the areas covered by those Sections,
or of Article III-263 or Article III-275(2)(a) of the Constitution, no measure
adopted pursuant to those Sections or
Articles, no provision of any international agreement concluded by the Union
pursuant to those Sections or Articles, and no decision of the Court of Justice
of the European Union interpreting any
such provision or measure shall be binding upon or applicable in the United Kingdom
or Ireland; and no such provision, measure or decision shall in any way affect
the competences, rights and
obligations of those States; and no such provision, measure or decision shall
in any way affect the Community or Union acquis nor form part of Union law as
they apply to the United Kingdom or
Ireland.
Article 3
1. The United Kingdom or Ireland may notify the Council in writing, within three months after a
proposal has been presented to the Council pursuant to Section 2 or Section 3 of Chapter IV of Title
III of Part III of the Constitution or after a proposal or initiative has been presented to the Council
pursuant to Article III-263 or to Article III-275(2)(a) of the Constitution, that it wishes to take part in
the adoption and application of any such proposed measure, whereupon that State shall be entitled to
do so. The unanimity of the members of the Council, with the exception of a member which has not
made such a notification, shall be necessary for acts of the Council which must be adopted
unanimously. A measure adopted under this paragraph shall be binding upon all Member States
which took part in its adoption. The European regulations or decisions adopted pursuant to Article
III-260 of the Constitution shall lay down the conditions for the participation of the United Kingdom
and Ireland in the evaluations concerning the areas covered by Section 2 or Section 3 of Chapter IV of
Title III of Part III of the Constitution.
For the purposes of this Article, a qualified majority shall be defined as at least 55 % of the members
of the Council representing the participating Member States, comprising at least 65 % of the
population of these States.
A blocking minority must include at least the minimum number of 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.
By way of derogation from the second and third subparagraphs, where the Council does not act on a
proposal from the Commission or from the Union Minister for Foreign Affairs, the required qualified
majority shall be defined as at least 72 % of the members of the Council representing the
participating Member States, comprising at least 65 % of the population of these States.
2. If after a reasonable period of time a measure referred to in paragraph 1 cannot be adopted with
the United Kingdom or Ireland taking part, the Council may adopt such measure in accordance with
Article 1 without the participation of the United Kingdom or Ireland. In that case Article 2 applies.
Article 4
The United Kingdom or Ireland may, at any time after the adoption of a measure
pursuant to Section 2 or Section 3 of Chapter IV of Title III of Part III of
the Constitution or to Article III-263 or to
Article III-275(2)(a) of the Constitution, notify its intention to the Council
and to the Commission that it wishes to accept that measure. In that case, the
procedure provided for in Article III-420(1) of
the Constitution shall apply mutatis mutandis.
Article 5
A Member State which is not bound by a measure adopted pursuant to Section 2 or Section 3 of
Chapter IV of Title III of Part III of the Constitution, to Article III-263 or to Article III-275(2)(a) of the
Constitution, shall bear no financial consequences of that measure other than administrative costs
entailed for the institutions, unless all members of the Council, acting unanimously after consulting
the European Parliament, decide otherwise.
Article 6
Where, in cases referred to in this Protocol, the United Kingdom or Ireland is bound by a measure
adopted pursuant to Section 2 or Section 3 of Chapter IV of Title III of Part III of the Constitution, to
Article III-260 of the Constitution, insofar as that Article relates to the areas covered by those
Sections, to Article III-263 or to Article III-275(2)(a) of the Constitution, the relevant provisions of
the Constitution shall apply to that State in relation to that measure.
Article 7
Articles 3 and 4 shall be without prejudice to the Protocol on the Schengen acquis integrated into the
framework of the European Union.
Article 8
Ireland may notify the Council in writing that it no longer wishes to be covered
by the terms of this Protocol. In that case, this Protocol shall no longer apply
to Ireland.
20. PROTOCOL ON THE POSITION OF DENMARK
THE HIGH CONTRACTING PARTIES,
RECALLING the decision of the Heads of State or Government, meeting within the European Council at Edinburgh on
12 December 1992, concerning certain problems raised by Denmark on the Treaty on European Union;
HAVING NOTED the position of Denmark with regard to citizenship, economic and monetary union, defence policy,
and justice and home affairs as laid down in the Edinburgh decision;
CONSCIOUS of the fact that a continuation under the Constitution of the legal regime originating in the Edinburgh
decision will significantly limit Denmark's participation in important areas of cooperation of the Union, and that it
would be in the best interest of the Union to ensure the integrity of the acquis in the area of freedom, security and
justice;
WISHING therefore to establish a legal framework that will provide an option for Denmark to participate in the
adoption of measures proposed on the basis of Chapter IV of Title III of Part III of the Constitution and welcoming the
intention of Denmark to avail itself of this option when possible in accordance with its constitutional requirements;
NOTING that Denmark will not prevent the other Member States from further developing their cooperation with
respect to measures not binding on Denmark;
BEARING IN MIND the Protocol on the Schengen acquis integrated into the framework of the European Union,
HAVE AGREED UPON the following provisions, which shall be annexed to the Constitution:
PART I
Article 1
Denmark shall not take part in the adoption by the Council of proposed measures
pursuant to Chapter IV of Title III of Part III of the Constitution. The unanimity
of the members of the Council,
with the exception of the representative of the government of Denmark, shall
be necessary for the acts of the Council which must be adopted unanimously.
For the purposes of this Article, a qualified majority shall be defined as at
least 55 % of the members of the Council representing the participating Member
States, comprising at least 65 % of the
population of these States.
A blocking minority must include at least the minimum number of 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.
By way of derogation from the second and third paragraphs, where the Council
does not act on a proposal from the Commission or from the Union Minister for
Foreign Affairs, the required qualified
majority shall be defined as at least 72 % of the members of the Council representing
the participating Member States, comprising at least 65 % of the population of
these States.
Article 2
None of the provisions of Chapter IV of Title III of Part III of the Constitution, no measure adopted
pursuant to that Chapter, no provision of any international agreement concluded by the Union
pursuant to that Chapter, and no decision of the Court of Justice of the European Union interpreting
any such provision or measure shall be binding upon or applicable in Denmark; and no such
provision, measure or decision shall in any way affect the competences, rights and obligations of
Denmark; and no such provision, measure or decision shall in any way affect the Community or
Union acquis nor form part of Union law as they apply to Denmark.
Article 3
Denmark shall bear no financial consequences of measures referred to in Article 1, other than
administrative costs entailed for the institutions.
Article 4
1. Denmark shall decide within a period of six months after the adoption of a
measure to build upon the Schengen acquis covered by Part I whether it will implement
this measure in its national
law. If it decides to do so, this measure will create an obligation under international
law between Denmark and the other Member States bound by the measure.
If Denmark decides not to implement such a measure, the Member States bound by
that measure and Denmark will consider appropriate measures to be taken.
2. Denmark shall maintain the rights and obligations existing before the entry
into force of the Treaty establishing a Constitution for Europe with regard to
the Schengen acquis.
PART I I
Article 5
With regard to measures adopted by the Council pursuant to Article I-41, Article
III-295(1) and Articles III-309 to III-313 of the Constitution, Denmark does
not participate in the elaboration and
the implementation of decisions and actions of the Union which have defence implications.
Therefore Denmark shall not participate in their adoption. Denmark will not prevent
the other Member States
from further developing their cooperation in this area. Denmark shall not be
obliged to contribute to the financing of operational expenditure arising from
such measures, nor to make military
capabilities available to the Union.
The unanimity of the members of the Council, with the exception of the representative
of the government of Denmark, shall be necessary for the acts of the Council
which must be adopted
unanimously.
For the purposes of this Article, a qualified majority shall be defined as at
least 55 % of the members of the Council representing the participating Member
States, comprising at least 65 % of the
population of these States.
A blocking minority must include at least the minimum number of 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.
By way of derogation from the third and fourth paragraphs, where the Council
does not act on a proposal from the Commission or from the Union Minister for
Foreign Affairs, the required qualified
majority shall be defined as at least 72 % of the members of the Council representing
the participating Member States, comprising at least 65 % of the population of
these States.
PART III
Article 6
This Protocol shall also apply to measures remaining in force by virtue of Article IV-438 of the
Constitution, which were covered, prior to the entry into force of the Treaty establishing a
Constitution for Europe, by the Protocol on the position of Denmark annexed to the Treaty on
European Union and to the Treaty establishing the European Community.
Article 7
Articles 1, 2 and 3 shall not apply to measures determining the third countries whose nationals must
be in possession of a visa when crossing the external borders of the Member States, or measures
relating to a uniform format for visas.
PART I V
Article 8
At any time Denmark may, in accordance with its constitutional requirements, inform the other
Member States that it no longer wishes to avail itself of all or part of this Protocol. In that event,
Denmark will apply in full all relevant measures then in force taken within the framework of the
Union.
Article 9
1. At any time and without prejudice to Article 8, Denmark may, in accordance with its
constitutional requirements, notify the other Member States that, with effect from the first day of the
month following the notification, Part I shall consist of the provisions in the Annex. In that case
Articles 5 to 9 shall be renumbered in consequence.
2. Six months after the date on which the notification referred to in paragraph
1 takes effect all Schengen acquis and measures adopted to build upon this acquis,
which until then have been binding
on Denmark as obligations under international law, shall be binding upon Denmark
as Union law.
Annex
Article 1
Subject to Article 3, Denmark shall not take part in the adoption by the Council of measures
proposed pursuant to Chapter IV of Title III of Part III of the Constitution. The unanimity of the
members of the Council, with the exception of the representative of the government of Denmark,
shall be necessary for the acts of the Council which must be adopted unanimously.
For the purposes of this Article, a qualified majority shall be defined as at least 55 % of the members
of the Council representing the participating Member States, comprising at least 65 % of the
population of these States.
A blocking minority must include at least the minimum number of 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.
By way of derogation from the second and third paragraphs, where the Council does not act on a
proposal from the Commission or from the Union Minister for Foreign Affairs, the required qualified
majority shall be defined as at least 72 % of the members of the Council representing the
participating Member States, comprising at least 65 % of the population of these States.
Article 2
Pursuant to Article 1 and subject to Articles 3, 4 and 6, none of the provisions in Chapter IV of
Title III of Part III of the Constitution, no measure adopted pursuant to that Chapter, no provision of
any international agreements concluded by the Union pursuant to that Chapter, no decision of the
Court of Justice of the European Union interpreting any such provision or measure shall be binding
upon or applicable in Denmark; and no such provision, measure or decision shall in any way affect
the competences, rights and obligations of Denmark; and no such provision, measure or decision
shall in any way affect the Community or Union acquis nor form part of Union law as they apply to
Denmark.
Article 3
1. Denmark may notify the President of the Council in writing, within three months
after a proposal or initiative has been presented to the Council pursuant to
Chapter IV of Title III of Part III
of the Constitution, that it wishes to take part in the adoption and application
of any such proposed measure, whereupon Denmark shall be entitled to do so.
2. If after a reasonable period of time a measure referred to in paragraph 1
cannot be adopted with Denmark taking part, the Council may adopt that measure
referred to in paragraph 1 in accordance
with Article 1 without the participation of Denmark. In that case Article 2 applies.
Article 4
Denmark may at any time after the adoption of a measure pursuant to Chapter IV of Title III of
Part III of the Constitution notify its intention to the Council and the Commission that it wishes to
accept that measure. In that case, the procedure provided for in Article III-420(1) of the Constitution
shall apply mutatis mutandis.
Article 5
1. Notification pursuant to Article 4 shall be submitted no later than six months after the final
adoption of a measure if this measure builds upon the Schengen acquis.
If Denmark does not submit a notification in accordance with Articles 3 or 4 regarding a measure
building upon the Schengen acquis, the Member States bound by that measure and Denmark will
consider appropriate measures to be taken.
2. A notification pursuant to Article 3 with respect to a measure building upon the Schengen
acquis shall be deemed irrevocably to be a notification pursuant to Article 3 with respect to any
further proposal or initiative aiming to build upon that measure to the extent that such proposal or
initiative builds upon the Schengen acquis.
Article 6
Where, in cases referred to in this Part, Denmark is bound by a measure adopted by the Council
pursuant to Chapter IV of Title III of Part III of the Constitution, the relevant provisions of the
Constitution shall apply to Denmark in relation to that measure.
Article 7
Where Denmark is not bound by a measure adopted pursuant to Chapter IV of Title
III of Part III of the Constitution, it shall bear no financial consequences
of that measure other than administrative
costs entailed for the institutions unless the Council, acting unanimously after
consulting the
European Parliament, decides otherwise.
