TREATY ESTABLISHING A CONSTITUTION FOR EUROPE
Protocols annexed to the Treaty establishing a Constitution for Europe
21. PROTOCOL ON EXTERNAL RELATIONS OF THE MEMBER STATES WITH REGARD TO THE
CROSSING OF EXTERNAL BORDERS
THE HIGH CONTRACTING PARTIES, TAKING INTO ACCOUNT the need of the Member States
to ensure effective controls at their external borders, in cooperation with
third countries where appropriate, HAVE AGREED UPON the following provision,
which shall be annexed to the Treaty establishing a Constitution for Europe:
Sole article The provisions on the measures on the crossing of external borders
included in Article III-265(2)(b) of the Constitution shall be without prejudice
to the competence of Member States to negotiate or conclude agreements with
third countries as long as they respect Union law and other relevant international
agreements.
22. PROTOCOL ON ASYLUM FOR NATIONALS OF MEMBER STATES
THE HIGH CONTRACTING PARTIES, WHEREAS, in accordance with Article I-9(1) of
the Constitution, the Union recognises the rights, freedoms and principles
set out in the Charter of Fundamental Rights; WHEREAS pursuant to Article
I-9(3) of the Constitution, fundamental rights, as guaranteed by the European
Convention for the Protection of Human Rights and Fundamental Freedoms, constitute
part of the Union's law as general principles; WHEREAS the Court of Justice
of the European Union has jurisdiction to ensure that in the interpretation
and application of Article I-9(1) and (3) of the Constitution the law is observed
by the Union; WHEREAS pursuant to Article I-58 of the Constitution, any European
State, when applying to become a member of the Union, must respect the values
set out in Article I-2 of the Constitution; BEARING IN MIND that Article I-59
of the Constitution establishes a mechanism for the suspension of certain
rights in the event of a serious and persistent breach by a Member State of
those values; RECALLING that each national of a Member State, as a citizen
of the Union, enjoys a special status and protection which shall be guaranteed
by the Member States in accordance with the provisions of Title II of Part
I and Title II of Part III of the Constitution; BEARING IN MIND that the Constitution
establishes an area without internal frontiers and grants every citizen of
the Union the right to move and reside freely within the territory of the
Member States; WISHING to prevent the institution of asylum being resorted
to for purposes alien to those for which it is intended; WHEREAS this Protocol
respects the finality and the objectives of the Geneva Convention of 28 July
1951 relating to the status of refugees, HAVE AGREED UPON the following provisions
which shall be annexed to the Treaty establishing a Constitution for Europe:
Sole article Given the level of protection of fundamental rights and freedoms
by the Member States of the European Union, Member States shall be regarded
as constituting safe countries of origin in respect of each other for all
legal and practical purposes in relation to asylum matters. Accordingly, any
application for asylum made by a national of a Member State may be taken into
consideration or declared admissible for processing by another Member State
only in the following cases: (a) if the Member State of which the applicant
is a national proceeds, availing itself of the provisions of Article 15 of
the European Convention for the Protection of Human Rights and Fundamental
Freedoms, to take measures derogating in its territory from its obligations
under that Convention;
(b) if the procedure referred to in Article I-59(1) or (2) of the Constitution
has been initiated and until the Council, or, where appropriate, the European
Council, adopts a European decision in respect thereof with regard to the
Member State of which the applicant is a national; (c) if the Council has
adopted a European decision in accordance with Article I-59(1) of the Constitution
in respect of the Member State of which the applicant is a national or if
the European Council has adopted a European decision in accordance with Article
I-59(2) of the Constitution in respect of the Member State of which the applicant
is a national; (d) if a Member State should so decide unilaterally in respect
of the application of a national of another Member State; in that case the
Council shall be immediately informed; the application shall be dealt with
on the basis of the presumption that it is manifestly unfounded without affecting
in any way, whatever the case may be, the decision-making power of the Member
State.
23. PROTOCOL ON PERMANENT STRUCTURED COOPERATION ESTABLISHED BY ARTICLE I-41(6)
AND ARTICLE III-312 OF THE CONSTITUTION
THE HIGH CONTRACTING PARTIES, HAVING REGARD TO Article I-41(6) and Article
III-312 of the Constitution, RECALLING that the Union is pursuing a common
foreign and security policy based on the achievement of growing convergence
of action by Member States; RECALLING that the common security and defence
policy is an integral part of the common foreign and security policy; that
it provides the Union with operational capacity drawing on civil and military
assets; that the Union may use such assets in the tasks referred to in Article
III-309 of the Constitution outside the Union for peace-keeping, conflict
prevention and strengthening international security in accordance with the
principles of the United Nations Charter; that the performance of these tasks
is to be undertaken using capabilities provided by the Member States in accordance
with the principle of a single set of forces; RECALLING that the common security
and defence policy of the Union does not prejudice the specific character
of the security and defence policy of certain Member States; RECALLING that
the common security and defence policy of the Union respects the obligations
under the North Atlantic Treaty of those Member States, which see their common
defence realised in the North Atlantic Treaty Organisation, which remains
the foundation of the collective defence of its members, and is compatible
with the common security and defence policy established within that framework;
CONVINCED that a more assertive Union role in security and defence matters
will contribute to the vitality of a renewed Atlantic Alliance, in accordance
with the Berlin Plus arrangements; DETERMINED to ensure that the Union is
capable of fully assuming its responsibilities within the international community;
RECOGNISING that the United Nations Organisation may request the Union's assistance
for the urgent implementation of missions undertaken under Chapters VI and
VII of the United Nations Charter; RECOGNISING that the strengthening of the
security and defence policy will require efforts by Member States in the area
of capabilities; CONSCIOUS that embarking on a new stage in the development
of the European security and defence policy involves a determined effort by
the Member States concerned; RECALLING the importance of the Minister for
Foreign Affairs being fully involved in proceedings relating to permanent
structured cooperation, HAVE AGREED UPON the following provisions, which shall
be annexed to the Constitution:
Article 1
The permanent structured cooperation referred to in Article I-41(6) of the
Constitution shall be open to any Member State which undertakes, from the
date of entry into force of the Treaty establishing a Constitution for Europe,
to: (a) proceed more intensively to develop its defence capacities through
the development of its national contributions and participation, where appropriate,
in multinational forces, in the main European equipment programmes, and in
the activity of the Agency in the field of defence capabilities development,
research, acquisition and armaments (European Defence Agency), and (b) have
the capacity to supply by 2007 at the latest, either at national level or
as a component of multinational force groups, targeted combat units for the
missions planned, structured at a tactical level as a battle group, with support
elements including transport and logistics, capable of carrying out the tasks
referred to in Article III-309, within a period of 5 to 30 days, in particular
in response to requests from the United Nations Organisation, and which can
be sustained for an initial period of 30 days and be extended up to at least
120 days.
Article 2
To achieve the objectives laid down in Article 1, Member States participating
in permanent structured cooperation shall undertake to:
(a) cooperate, as from the entry into force of the Treaty establishing a Constitution
for Europe, with a view to achieving approved objectives concerning the level
of investment expenditure on defence equipment, and regularly review these
objectives, in the light of the security environment and of the Union's international
responsibilities;
(b) bring their defence apparatus into line with each other as far as possible,
particularly by harmonising the identification of their military needs, by
pooling and, where appropriate, specialising their defence means and capabilities,
and by encouraging cooperation in the fields of training and logistics;
(c) take concrete measures to enhance the availability, interoperability,
flexibility and deployability of their forces, in particular by identifying
common objectives regarding the commitment of forces, including possibly reviewing
their national decision-making procedures;
(d) work together to ensure that they take the necessary measures to make
good, including through multinational approaches, and without prejudice to
undertakings in this regard within the North Atlantic Treaty Organisation,
the shortfalls perceived in the framework of the 'Capability Development Mechanism';
(e) take part, where appropriate, in the development of major joint or European
equipment programmes in the framework of the European Defence Agency.
Article 3
The European Defence Agency shall contribute to the regular assessment of
participating Member States' contributions with regard to capabilities, in
particular contributions made in accordance with the criteria to be established,
inter alia, on the basis of Article 2, and shall report thereon at least once
a year. The assessment may serve as a basis for Council recommendations and
European decisions adopted in accordance with Article III-312 of the Constitution.
24. PROTOCOL ON ARTICLE I-41(2) OF THE CONSTITUTION
THE HIGH CONTRACTING PARTIES, BEARING IN MIND the need to implement fully
the provisions of Article I-41(2) of the Constitution; BEARING IN MIND that
the policy of the Union in accordance with Article I-41(2) of the Constitution
shall not prejudice the specific character of the security and defence policy
of certain Member States and shall respect the obligations of certain Member
States, which see their common defence realised in the North Atlantic Treaty
Organisation, under the North Atlantic Treaty and be compatible with the common
security and defence policy established within that framework, HAVE AGREED
UPON the following provision, which is annexed to the Treaty establishing
a Constitution for Europe: Sole article The Union shall draw up, together
with the Western European Union, arrangements for enhanced cooperation between
them.
25. PROTOCOL CONCERNING IMPORTS INTO THE EUROPEAN UNION OF PETROLEUM PRODUCTS
REFINED IN THE NETHERLANDS ANTILLES
THE HIGH CONTRACTING PARTIES, BEING DESIROUS of giving fuller details about
the system of trade applicable to imports into the Union of petroleum products
refined in the Netherlands Antilles, HAVE AGREED on the following provisions,
which shall be annexed to the Treaty establishing a Constitution for Europe:
Article 1
This Protocol is applicable to petroleum products coming under the Combined
Nomenclature headings 2710, 2711, 2712 (paraffin wax and petroleum wax), ex
2713 (paraffin residues) and 2714 (shale wax), imported for use in the Member
States.
Article 2
Member States shall undertake to grant to petroleum products refined in the
Netherlands Antilles the tariff preferences resulting from the Association
of the latter with the Union, under the conditions provided for by this Protocol.
These provisions shall hold good whatever may be the rules of origin applied
by the Member States.
Article 3
1. When the Commission, at the request of a Member State or on its own initiative,
establishes that imports into the Union of petroleum products refined in the
Netherlands Antilles under the system provided for in Article 2 are giving
rise to real difficulties on the market of one or more Member States, it shall
adopt a European decision establishing that customs duties on the said imports
shall be introduced, increased or reintroduced by the Member States in question,
to such an extent and for such a period as may be necessary to meet that situation.
The rates of the customs duties thus introduced, increased or reintroduced
may not exceed the customs duties applicable to third countries for these
same products.
2. The provisions of paragraph 1 can in any case be applied when imports into
the Union of petroleum products refined in the Netherlands Antilles reach
two million tonnes a year.
3. The Council shall be informed of European decisions adopted by the Commission
in pursuance of paragraphs 1 and 2, including those directed at rejecting
the request of a Member State. The Council shall, at the request of any Member
State, assume responsibility for the matter and may at any time adopt a European
decision to amend or revoke such decisions.
Article 4
1. If a Member State considers that imports of petroleum products refined
in the Netherlands Antilles, made either directly or through another Member
State under the system provided for in Article 2, are giving rise to real
difficulties on its market and that immediate action is necessary to meet
them, it may on its own initiative decide to apply customs duties to such
imports, the rate of which may not exceed those of the customs duties applicable
to third countries in respect of the same products. It shall notify its decision
to the Commission, which shall within one month adopt a European decision
establishing whether the measures taken by the State should be maintained
or must be amended or cancelled. Article 3(3) shall be applicable to such
decision of the Commission.
2. When the quantities of petroleum products refined in the Netherlands Antilles
imported either directly or through another Member State, under the system
provided for in Article 2, into a Member State or States exceed during a calendar
year the tonnage shown in the Annex to this Protocol, the measures taken in
pursuance of paragraph 1 by that or those Member States for the current year
shall be considered to be justified. The Commission shall, after assuring
itself that the tonnage fixed has been reached, formally record the measures
taken. In such a case the other Member States shall abstain from formally
placing the matter before the Council.
Article 5
If the Union decides to apply quantitative restrictions to petroleum products,
no matter whence they are imported, these restrictions may also be applied
to imports of such products from the Netherlands Antilles. In this case preferential
treatment shall be granted to the Netherlands Antilles as compared with third
countries.
Article 6
1. Articles 2 to 5 may be reviewed by the Council, by unanimous decision,
after consulting the European Parliament and the Commission, when a common
definition of origin for petroleum products from third countries and associated
countries is adopted, or when decisions are taken within the framework of
a common commercial policy for the products in question or when a common energy
policy is established.
2. When such revision is made, however, equivalent preferences shall in any
case be maintained in favour of the Netherlands Antilles in a suitable form
and for a minimum quantity of 2 1/2 million tonnes of petroleum products.
3. The Union's commitments in regard to equivalent preferences as referred
to in paragraph 2 may, if necessary, be broken down State by State taking
into account the tonnage indicated in the Annex to this Protocol.
Article 7
For the implementation of this Protocol, the Commission is responsible for
following the pattern of imports into the Member States of petroleum products
refined in the Netherlands Antilles. Member States shall communicate to the
Commission, which shall see that it is circulated, all useful information
to that end in accordance with the administrative conditions recommended by
it.
ANNEX For the implementation of Article 4(2), the High Contracting Parties
have decided that the quantity of 2 million tonnes of petroleum products from
the Antilles shall be allocated among the following Member States as follows:
Germany 625 000 tonnes Belgo/Luxembourg Economic Union 200 000 tonnes France
75 000 tonnes Italy 100 000 tonnes Netherlands 1 000 000 tonnes
26. PROTOCOL ON THE ACQUISITION OF PROPERTY IN DENMARK THE HIGH CONTRACTING
PARTIES, DESIRING to settle certain particular problems relating to Denmark,
HAVE AGREED upon the following provision, which shall be annexed to the Treaty
establishing a Constitution for Europe:
Sole article
Notwithstanding the provisions of the Constitution, Denmark may maintain the
existing legislation on the acquisition of second homes.
27. PROTOCOL ON THE SYSTEM OF PUBLIC BROADCASTING IN THE MEMBER STATES THE
HIGH CONTRACTING PARTIES, CONSIDERING that the system of public broadcasting
in the Member States is directly related to the democratic, social and cultural
needs of each society and to the need to preserve media pluralism, HAVE AGREED
UPON the following interpretative provisions, which shall be annexed to the
Treaty establishing a Constitution for Europe:
Sole article
The provisions of the Constitution shall be without prejudice to the competence
of Member States to provide for the funding of public service broadcasting
insofar as such funding is granted to broadcasting organisations for the fulfilment
of the public service remit as conferred, defined and organised by each Member
State, and insofar as such funding does not affect trading conditions and
competition in the Union to an extent which would be contrary to the common
interest, while the realisation of the remit of that public service shall
be taken into account.
28. PROTOCOL CONCERNING ARTICLE III-214 OF THE CONSTITUTION
THE HIGH CONTRACTING PARTIES, HAVE AGREED upon the following provision, which
shall be annexed to the Treaty establishing a Constitution for Europe: Sole
article For the purposes of Article III-214 of the Constitution, benefits
under occupational social security schemes shall not be considered as remuneration
if and insofar as they are attributable to periods of employment prior to
17 May 1990, except in the case of workers or those claiming under them who
have before that date initiated legal proceedings or introduced an equivalent
claim under the applicable national law.
29. PROTOCOL ON ECONOMIC, SOCIAL AND TERRITORIAL COHESION
THE HIGH CONTRACTING PARTIES, RECALLING that Article I-3 of the Constitution
includes the objective of promoting economic, social and territorial cohesion
and solidarity between Member States and that the said cohesion figures among
the areas of shared competence of the Union listed in Article I-14(2)(c) of
the Constitution; RECALLING that the provisions of Section 3 of Chapter III
of Title III of Part III of the Constitution, on economic, social and territorial
cohesion as a whole provide the legal basis for consolidating and further
developing the Union's action in this field, including the creation of a fund;
RECALLING that Article III-223 of the Constitution envisages setting up a
Cohesion Fund; NOTING that the European Investment Bank is lending large and
increasing amounts for the benefit of the poorer regions; NOTING the desire
for greater flexibility in the arrangements for allocations from the Structural
Funds; NOTING the desire for modulation of the levels of Union participation
in programmes and projects in certain Member States; NOTING the proposal to
take greater account of the relative prosperity of Member States in the system
of own resources, HAVE AGREED upon the following provisions, which shall be
annexed to the Treaty establishing a Constitution for Europe:
Sole article
1. The Member States reaffirm that the promotion of economic, social and territorial
cohesion is vital to the full development and enduring success of the Union.
2. The Member States reaffirm their conviction that the Structural Funds should
continue to play a considerable part in the achievement of Union objectives
in the field of cohesion.
3. The Member States reaffirm their conviction that the European Investment
Bank should continue to devote the majority of its resources to the promotion
of economic, social and territorial cohesion, and declare their willingness
to review the capital needs of the European Investment Bank as soon as this
is necessary for that purpose.
4. The Member States agree that the Cohesion Fund shall provide Union financial
contributions to projects in the fields of environment and trans-European
networks in Member States with a per capita GNP of less than 90 % of the Union
average which have a programme leading to the fulfilment of the conditions
of economic convergence as set out in Article III-184 of the Constitution.
5. The Member States declare their intention of allowing a greater margin
of flexibility in allocating financing from the Structural Funds to specific
needs not covered under the present Structural Funds regulations.
6. The Member States declare their willingness to modulate the levels of Union
participation in the context of programmes and projects of the Structural
Funds, with a view to avoiding excessive increases in budgetary expenditure
in the less prosperous Member States.
7. The Member States recognise the need to monitor regularly the progress
made towards achieving economic, social and territorial cohesion, and state
their willingness to study all necessary measures in this respect.
8. The Member States declare their intention of taking greater account of
the contributive capacity of individual Member States in the system of own
resources, and of examining means of correcting, for the less prosperous Member
States, regressive elements existing in the present own resources system.
30. PROTOCOL ON SPECIAL ARRANGEMENTS FOR GREENLAND THE HIGH CONTRACTING PARTIES,
HAVE AGREED upon the following provisions, which shall be annexed to the Treaty
establishing a Constitution for Europe:
Sole article
1. The treatment on import into the Union of products subject to the common
organisation of the market in fishery products and originating in Greenland
shall, while complying with the mechanisms of the common market organisation,
involve exemption from customs duties and charges having equivalent effect
and the absence of quantitative restrictions or measures having equivalent
effect if the possibilities for access to Greenland fishing zones granted
to the Union pursuant to an agreement between the Union and the authority
responsible for Greenland are satisfactory to the Union.
2. The measures relating to the import arrangements for the products referred
to in paragraph 1 shall be adopted in accordance with the procedures laid
down in Article III-231 of the Constitution.
31. PROTOCOL ON ARTICLE 40.3.3 OF THE CONSTITUTION OF IRELAND
THE HIGH CONTRACTING PARTIES HAVE AGREED upon the following provision, which
shall be annexed to the Treaty establishing a Constitution for Europe and
to the Treaty establishing the European Atomic Energy Community: Sole article
Nothing in the Treaty establishing a Constitution for Europe or in the Treaties
or Acts modifying or supplementing it shall affect the application in Ireland
of Article 40.3.3 of the Constitution of Ireland.
32. PROTOCOL RELATING TO ARTICLE I-9(2) OF THE CONSTITUTION ON THE ACCESSION
OF THE UNION TO THE EUROPEAN CONVENTION ON THE PROTECTION OF HUMAN RIGHTS
AND FUNDAMENTAL FREEDOMS
THE HIGH CONTRACTING PARTIES HAVE AGREED on the following provisions, which
shall be annexed to the Treaty establishing a Constitution for Europe:
Article 1
The agreement relating to the accession of the Union to the European Convention
on the Protection of Human Rights and Fundamental Freedoms (hereinafter referred
to as the 'European Convention') provided for in Article I-9(2) of the Constitution
shall make provision for preserving the specific characteristics of the Union
and Union law, in particular with regard to:
(a) the specific arrangements for the Union's possible participation in the
control bodies of the European Convention;
(b) the mechanisms necessary to ensure that proceedings by non-Member States
and individual applications are correctly addressed to Member States and/or
the Union as appropriate.
Article 2
The agreement referred to in Article 1 shall ensure that accession of the
Union shall not affect the competences of the Union or the powers of its institutions.
It shall ensure that nothing therein affects the situation of Member States
in relation to the European Convention, in particular in relation to the Protocols
thereto, measures taken by Member States derogating from the European Convention
in accordance with Article 15 thereof and reservations to the European Convention
made by Member States in accordance with Article 57 thereof.
Article 3
Nothing in the agreement referred to in Article 1 shall affect Article III-375(2)
of the Constitution.
33. PROTOCOL ON THE ACTS AND TREATIES WHICH HAVE SUPPLEMENTED OR AMENDED THE
TREATY ESTABLISHING THE EUROPEAN COMMUNITY AND THE TREATY ON EUROPEAN UNION
THE HIGH CONTRACTING PARTIES, WHEREAS Article IV-437(1) of the Constitution
repeals the Treaty establishing the European Community and the Treaty on European
Union and the Acts and Treaties which have supplemented or amended them; WHEREAS
a list should be drawn up of the acts and treaties referred to in Article
IV-437(1); WHEREAS the substance of Article 9(7) of the Treaty of Amsterdam
should be incorporated; RECALLING that the Act of 20 September 1976 concerning
the election of representatives of the European Parliament by direct universal
suffrage is to remain in force, HAVE AGREED upon the following provisions,
which are annexed to the Treaty establishing a Constitution for Europe and
to the Treaty establishing the European Atomic Energy Community:
Article 1
1. The following Acts and Treaties which have supplemented or amended the
Treaty establishing the European Community are hereby repealed:
(a) the Protocol of 8 April 1965 on the privileges and immunities of the European
Communities annexed to the Treaty establishing a single Council and a single
Commission (OJ 152, 13.7.1967, p. 13);
(b) the Treaty of 22 April 1970 amending certain budgetary provisions of the
Treaties establishing the European Communities and of the Treaty establishing
a single Council and a single Commission of the European Communities (OJ L
2, 2.1.1971, p. 1);
(c) the Treaty of 22 July 1975 amending certain financial provisions of the
Treaties establishing the European Communities and of the Treaty establishing
a single Council and a single Commission of the European Communities (OJ L
359, 31.12.1977, p. 4);
(d) the Treaty of 10 July 1975 amending certain provisions of the Protocol
on the Statute of the European Investment Bank (OJ L 91, 6.4.1978, p. 1);
(e) the Treaty of 13 March 1984 amending, with regard to Greenland, the Treaties
establishing the European Communities (OJ L 29, 1.2.1985, p. 1);
(f) the Single European Act of 17 February 1986 and 28 February 1986 (OJ L
169, 29.6.1987, p. 1);
(g) the Act of 25 March 1993 amending the Protocol on the Statute of the European
Investment Bank, empowering the Board of Governors to establish a European
Investment Fund (OJ L 173, 7. 7.1994, p. 14) ;
(h) Decision 2003/223/EC of the Council, meeting in the composition of the
Heads of State or Government, of 21 March 2003 on an amendment to Article
10.2 of the Statute of the European System of Central Banks and of the European
Central Bank (OJ L 83, 1.4.2003, p. 66).
2. The Treaty of Amsterdam of 2 October 1997 amending the Treaty on European
Union, the Treaties establishing the European Communities and certain related
acts is hereby repealed (OJ C 340, 10.11.1997, p. 1).
3. The Treaty of Nice of 26 February 2001 amending the Treaty on European
Union, the Treaties establishing the European Communities and certain related
acts is hereby repealed (OJ C 80, 10.3.2001, p. 1).
Article 2
1. Without prejudice to the application of Article III-432 of the Constitution
and Article 189 of the Treaty establishing the European Atomic Energy Community,
the representatives of the Governments of the Member States shall adopt by
common accord the necessary provisions for the purpose of dealing with certain
problems particular to the Grand Duchy of Luxembourg which arise from the
creation of a Single Council and a Single Commission of the European Communities.
2. The Act concerning the election of representatives of the European Parliament
by direct universal suffrage, annexed to Council Decision 76/787/ECSC, EEC,
Euratom (OJ L 278, 8.10.1976, p. 1), as it stands at the time of entry into
force of the Treaty establishing a Constitution for Europe remains in force.
In order to bring it into line with the Constitution, this Act is hereby amended
as follows:
(a) Article 1(3) shall be deleted.
(b) This amendment does not concern the English text.
(c) In Article 6(2), the words 'of 8 April 1965'shall be deleted; and the
term 'European Communities' shall be replaced by 'European Union'.
(d) In the second indent of Article 7(1), the term 'Commission of the European
Communities'shall be replaced by 'European Commission'. (e) In the third indent
of Article 7(1), the phrase 'Court of Justice of the European Communities
or of the Court of First Instance'shall be replaced by 'Court of Justice of
the European Union'.
(f) In the fifth indent of Article 7(1), the term 'Court of Auditors of the
European Communities'shall be replaced by 'Court of Auditors'.
(g) In the sixth indent of Article 7(1), the term 'Ombudsman of the European
Communities'shall be replaced by 'European Ombudsman'.
(h) In the seventh indent of Article 7(1), the phrase 'of the European Economic
Community and of the European Atomic Energy Community'shall be replaced by
'of the European Union' .
(i) In the ninth indent of Article 7(1), the phrase 'pursuant to the Treaties
establishing the European Economic Community and the European Atomic Energy
Community' shall be replaced by 'pursuant to the Treaty establishing a Constitution
for Europe and the Treaty establishing the European Atomic Energy Community'
; and the term 'Communities'' shall be replaced by 'Union's' .
(j) In the eleventh indent of Article 7(1), the phrase 'institutions of the
European Communities or of the specialised bodies attached to them or of the
European Central Bank' shall be replaced by 'institutions, bodies, offices
or agencies of the European Union' .
(k) The indents of Article 7(1) shall become points (a) to (k) respectively.
(l) The indents of the second subparagraph of Article 7(2) shall become points
(a) and (b) respectively.
(m) In the second subparagraph of Article 11(2), the term 'Community' shall
be replaced by 'Union' ; the word 'determine' shall be replaced by 'adopt
a European decision which shall determine' ; and the words 'preceding subparagraph'
shall be replaced by 'first subparagraph' .
(n) In Article 11(3), the phrase 'without prejudice to Article 139 of the
Treaty establishing the European Community' shall be replaced by 'without
prejudice to Article III-336 of the Constitution' .
(o) In Article 14, the term 'a proposal' shall be replaced by 'an initiative'
; and the phrase 'adopt such measures' shall be replaced by 'adopt the necessary
European regulations or decisions' .
